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02-19-13 Regular MeetingFrom: William Johnston Lmailto:dumarplaza(cbyahoo.com] Sent: Tuesday, February 19, 2013 2:21 PM To: Miller, Diane Subject: City Commissioner Meeting To Whom It May Concern: We are tenant's at Dumar Plaza in Delray Beach. We are unable to attend the City Commissioner meeting tonight but would like to comment on the following agenda item: C. CONDITIONAL USE REQUEST /TIM FINNEGAN'S IRISH PUB: Consider a conditional use request to allow Tim Finnegan's Irish Pub and Restaurant to extend its operating hours from 12:00 a.m. to 2:00 a.m. seven days a week, the business occupies an existing tenant bay within Dumar Plaza, located at 2885 South Federal Highway. (Quasi - Judicial Hearing) As a long time tenant's of Dumar Plaza, allowing Tim Finnegan's Pub to remain open until 2:00 am would be detrimental to the professional businesses that currently occupy the plaza. Dumar Plaza tenants have commented on Titre Finnegan's patrons continually littering the parking lot with beer cans /bottles, cigarettes and trash. When tenants arrive at work in the morning we find the parking lot and atrium area littered with beer cans /bottles, etc... In addition, the noise level will increase dramatically if music is played later in the evening. All of these conditions will only worsen if the Pub is allowed to stay open until 2:00 a.m. Dumar Plaza is a professional office complex where this type of activity is not only detrimental to the existing businesses that occupy the plaza, but is unacceptable in general. We do not support this conditional use request for Tim Finnegan's Trish Pub and urge you to not approve it. As tenants of Dumar Plaza, we wish to remain anonymous as we are neighbors of Tim Finnegan's and wish to create no ill feelings by expressing our concerns. Thank you for your consideration. Dumar Plaza Tenants Additional Information for Item IO.C. City of Delray Beach Regular Commission Meeting RULES FOR PUBLIC PARTICIPATION Tuesday, February 19, 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. limit discussion rests with the Commission. Generally, remarks by an individual will Public be limited to three minutes or less. The Mayor or presiding officer has discretion to Hearings 7:00 adjust the amount of time allocated. p.m. Delray Beach City Hall A. Public Hearings: Any citizen is entitled to speak on items under this section. B. Comments and Inquiries on Non - Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. C. Regular Agenda and First Reading Items: Public input on agendaed items, other than those that are specifically set for a formal public hearing, shall be allowed when agreed by consensus of the City Commission. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address public hearing or non - agendaed items should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission on an appropriate item. The primary purpose of the sign -in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign -in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. 100 N.W. 1st Avenue Delray Beach, The City will furnish auxiliary aids and services to afford an individual with a FL 3344 disability an opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Contact the City Manager at 243 - Phone: (561) 7010, 24 hours prior to the event in order for the City to accommondate your 243 -7000 request. Adaptive listening devices are available for meetings in the Commission Fax: (561) Chambers. 243 -3774 REGULAR MEETING AGENDA 1. ROLL CALL 2. INVOCATION 3. PLEDGE OF ALLEGIANCE TO THE FLAG A. NONE 4. AGENDA APPROVAL 5. APPROVAL OF MINUTES: A. December 11, 2012 - Workshop Meeting B. January 15, 2013 —Regular Meeting 6. PROCLAMATIONS: A. Eating Disorders Awareness Week — February 24, 2013 - March 2, 2013 B. All People's Day ® — March 22, 2013 7. PRESENTATIONS: A. RESOLUTION NO. 13 -13: Approve Resolution No. 13 -13 recognizing and commending Richard Hasko for 21 years of dedicated service to the City of Delray Beach. 8. CONSENT AGENDA: City Manager Recommends Approval A. FINAL SUBDIVISION PLAT APPROVAL/ EAST INDIES: Approve a proposed 4- unit townhouse subdivision located on the west side of Venetian Drive, 72 feet south of Ingraham Avenue located at 208 and 212 Venetian Drive. B. FINAL SUBDIVISION PLAT APPROVAL / MAISON DELRAY: Approve a final plat for a four -lot single - family subdivision being platted as Maison Delray for the property located at the intersection of Grove Way, N.W. 314- Avenue and N.W. 12th Avenue. C. RIGHT OF WAY DEED ACCEPTANCE /36 S.E. 01--AVENUE: Approve acceptance of a right -of -way deed associated with the approved office development at 36 S.E. 1st Avenue within the Old School Sauare Historic District. D. RIGHT- OF-WAY DEED ACCEPTANCE/ 307 S.E. 41H--AVENUE: Approve acceptance of a right -of -way deed for two feet (2') of alley right -of -way dedication for the property located at 307 S.E. 4th Avenue. E. AMENDMENT NO. 1 TO THE AGREEMENT FOR SERVICES AT A WORKSITE MEDICAL FACILITY /CONCENTRA HEALTH SERVICES, INC.:Approve Amendment No. 1 to the Agreement for Services at a Worksite Medical Facility with Concentra Health Services, Inc. to provide certain healthcare services at the Employee Health and Wellness Center for the Town of Highland Beach's full -time Police Officers. F. TRIPARTITE AND INTERLOCAL AGREEMENT: SCHOOL BOARD OF PALM BEACH COUNTY/ ACHIEVEMENT CENTERS FOR CHILDREN AND FAMILIES (ACCF)/ CITY OF DELRAY BEACH: Approve a Tripartite and Interlocal Agreement with the School Board of Palm Beach County, Achievement Centers for Children and Families (ACCF) and the City of Delray Beach for the funding and operation of a pilot summer camp program with reading enhancements to help further third grade reading proficiency through the campaign for grade level reading. 1. AMENDMENT NO. 1 TO THE INTERLOCAL AGREEMENT/ SCHOOL BOARD OF PALM BEACH COUNTY: SHARING STUDENT DATA: Approve Amendment No. 1 to the Interlocal Agreement with the School Board of Palm Beach County to share student information to further the goal to increase 3rd grade reading proficiency by 50% for low- income students attending schools located within the City's geographic boundaries. G. APPROVAL OF POLL WORKERS FOR THE FIRST NONPARTISAN ELECTION: Approve the poll workers for the First Nonpartisan and Special Elections to be held on March 12. 2013. H. LANDSCAPE MAINTENANCE AGREEMENT /1127 VISTA DEL MAR DRIVE: Approve a Landscape Maintenance Agreement with Point of Delray, LLC for the installation of landscaping within the right -of -way at 1127 Vista Del Mar Drive. L HOUSING REHABILITATION GRANT/ CONTRACT AWARD: Award one (1) Housing Rehabilitation contract through the Community Development Block Grant (CDBG) to the lowest responsive bidder, Citywide Construction Services, Inc. for 218 S.E. 4th Avenue in the amount of $32,241.05. Funding is available from 118- 1963 -554- 49.19 (Neighborhood Services: Other Current Charges /Housing Rehabilitation). J. RENEWAL OF THE INSURANCE AGENT /BROKER SERVICE AGREEMENT /THE PLASTRIDGE AGENCY, INC.: Approve renewal of the Insurance Agent/ Broker Service Agreement for property and casualty insurance with The PlastridLre ALrency, Inc. for an additional one year period beLrinninLr October 1, 2013. K. SPECIAL EVENT REOUEST /151H ANNUAL CINCO DE MAYO FIESTA: Approve a special event request to allow the 15th Annual Cinco De Mayo Fiesta to be held Saturday, May 4, 2013, from 11:00 a.m. — 12:00 a.m., on the grounds of Delray Beach Center for the Arts; to authorize staff support for traffic control and security, trash removal, EMS assistance, fire inspection, signage preparation and installation, use of the small stage and use of a City generator; contingent on the receipt of a Certification of Liability Insurance and Alcohol Liability Insurance fourteen (14) days prior to the event and ending the event at 11:00 p.m. versus midnight. The estimated cost of the event, which the sponsor is responsible for, is $6,495.0. L. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: the actions and decisions made by the Land Development Boards for the period February 4, 2013 through February 15, 2013. COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS FROM THE PUBLIC - IMMEDIATELY FOLLOWING CONSENT AGENDA: A. City Manager's response to prior public comments and inquiries. B. From the Public. 10. REGULAR AGENDA: A. RECONSIDERATION OF A WAIVER REOUEST FOR LINTCO DEVELOPMENT:Reconsider a waiver request to Land Development Regulations (LDR) Section 4.6.9(D)(3)(c)(1), "Stacking Distance ", to reduce the stacking distance from the required fifty feet (50') for parking lots with fifty -one (51) or more spaces to twen , -eight feet nine inches (28'9 ") at the northern entrance on S.W. _4th Avenue for Lintco Development. (Quasi- Judicial Hearing) B. CONDITIONAL USE REQUESTBEACHWAY MOTEL: Consider a conditional use request associated with partial demolition and expansion of the existing 1,960 sq. ft. seven (7) room motel including removal of three (3) existing rooms totaling 840 sq, ft. and construction of a 2,930 sq. ft. building addition to accommodate an additional nine (9) rooms for a total of 13 rooms, a new 138 sq. ft. manager's office, ten (10) new on -site parking spaces and associated landscaping and alle,�vay improvements for Beachway Motel located at 655 George Bush Boulevard. (Quasi- Judicial Hearing) C. CONDITIONAL USE REQUEST /TIM FINNEGAN'S IRISH PUB: Consider a conditional use request to allow Tim Finnegan's Irish Pub and Restaurant to extend its operating hours from 12:00 a.m. to 2:00 a.m. seven days per week, the business occupies an existing tenant bay within the Dumar Plaza, located at 2885 South Federal Highway. (Quasi- Judicial Hearing) D. WAIVER REQUESTS/ SOUTH OF ATLANTIC (SOFA) BUILDING #1: Consider approval of six (6) waiver requests associated with the Class V Site Plan approval pertaining to setbacks, stacking distance, sidewalk requirements, minimum transparency of glass surface area. landscaninLy and the nercenta�re of commercial window disnlav on the ground floor for SOFA Building #1, located on the east side of S.E. 3rdAvenue, between S.E. 1L' treet and S.E 2nd Street. (Quasi- Judicial Hearing) E. WAIVER REQUESTS/ SOUTH OF ATLANTIC (SOFA) BUILDING #2: Consider approval of four (4) waiver requests to the Land Development Regulations (LDR) pertaining to setbacks, stacking distance, minimum transparency or glass surface area and the percentage of commercial window display on the ground floor for SOFA Building #2, located on the west side of S.E. 2R-d- Avenue, 80 feet south of S.E. 18 Street. -(Quasi-Judicial Hearing) F. JOB CREATION INCENTIVE APPLICATION: Provide authorization for staff to prepare an economic development incentive package for Aldridge Connors LLP, pursuant to the established Job Creation Incentive program as established by the Delray Beach City Commission. G. PROVIDE DIRECTION REGARDING PALM BEACH COUNTY SPORTS COMMISSION PROPOSAL: Provide direction regarding the Palm Beach County Sports Commission proposal to utilize the services of Florida Sports Foundation, a division of Enterprise Florida, Inc., to facilitate a workshop to explore enhancing the City of Delray Beach as a sports destination. H. REVISED AGREEMENT /CHRIS EVERT CHARITIES, INC.: Consider approval of a revised Aireement with Chris Evert Charities. Inc. for the Annual Chris Evert Pro- Celebrity Tennis Classic. I. HOST AGREEMENT: USTA/ FED CUP TIE MATCHES: Consider approval of the Host Agreement with the USTA to be a host site if offered for the FED CUP Tie Matches to be held on April 20 - 21. 2013. J. PROPOSED CHANGES TO THE COMMISSION RULES OF PROCEDURES: Consider approval of proposed changes regarding the Commission Rules of Procedures to provide that the public may comment on any item, agendaed or non - agendaed, and such comment shall begin after the "Proclamation and Presentation" portion oft e agenda. K. PROVIDE DIRECTION REGARDING LIVE & LEARN DELRAY COMMUNITY ENGAGEMENT PROGRAM:Provide direction regarding the newly proposed Live & Learn Delraycommunily engagement program. L. 2013 MUNICIPAL ELECTIONS - EDUCATIONAL COMMUNICATION SERVICES: Consider proposals to provide educational communication services related to various proposed Charter Amendments as well as the proposed Economic Development Property Tax Exemption. M. JOINT MEETING WITH THE COMMUNITY REDEVELOPMENT AGENCY (CRA) BOARD: Discussion regarding a possible joint meeting with the Community Redevelopment Agency (CRA) Board. N. APPOINTMENT TO THE GREEN IMPLEMENTATION ADVANCEMENT BOARD: Appoint one (1) regular member to serve an unexpired term plus a two (2) year term ending July 31, 2015 to the Green Implementation Advancement Board. Based upon the rotation system, the appointment will be made by Mayor Carney Seat #5). O. APPOINTMENTS TO THE NEIGHBORHOOD ADVISORY COUNCIL BOARD: Appoint appointment of two (2) regular members to serve unexpired terms ending July 31, 2014, one (1) regular member to serve an unexpired term ending July 31, 2015, and one (1) At -Large Representative to serve an unexpired term ending July 31, 2014. Based upon the rotation system, the appointments will be made by Commissioner Jacquet (Seat #2), Commissioner Frankel (Seat #3), Commissioner Gray (Seat #4) and Mayor Carney (Seat #5). P. APPOINTMENT TO THE FINANCIAL REVIEW BOARD: Appoint one (1) regular member to serve an unexpired term plus a two (2) year term ending July 31, 2015. Based upon the rotation system, the appointment will be made by Mayor Carney Seat #5). 11. PUBLIC HEARINGS: A. ORDINANCE NO. 05 -13 (FIRST READING /FIRST PUBLIC HEARING): Consider approval of a privately initiated amendment to the Land Development Regulations (LDR) Section 4.3.4(.)(4), "Increases to Height Regulations ", Subsection (b), "Allowances ", to allow an increase in building height to be considered for the Delray Medical Center, located at 5352 Linton Boulevard. If passed, a second public hearing will be held on March 5, 2013. B. ORDINANCE NO. 02 -13: Consider an amendment to Section 91.22, "Prohibiting Dogs in Public Buildings, Places of Business ", in order to allow service dogs in public buildings or places of business in accordance with the Americans with Disabilities Act. C. ORDINANCE NO. 04 -13: Consider an amendment to Ordinance No. 43 -11 which revises "Section 1, Designation ", and "Section 2, Requirements of Designation" of Ordinance No. 43 -11, and an amendment to Land Development Regulations (LDR) Section 4.5.10(13), "Local Register of Historic Places ", to provide for a name change to "Historic Fontaine Fox House Properties" and the revised legal description of the designated boundary. 1. FINAL SUBDIVISION PLAT APPROVAL/ OCEAN APPLE ESTATES PLAT THREE: Consider approval of a proposed two -lot single - family subdivision of a portion of the Historic Fontaine Fox House Properties (Lot 2, Ocean Apple Estates). located on the west side of North Ocean Boulevard. at 610 North Ocean Boulevard. D. RESOLUTION NO. 12 -13 /CONTRACT FOR SALE AND PURCHASE /703 PLACE CHATEAU: Consider approval of Resolution No. 12 -13, a contract for sale and purchase, authorizing the City to sell the Neighborhood Stabilization Program property located at 703 Place Chateau to Dumy Janvier in the amount of $124,101.00 or appraised value. 12. FIRST READINGS: A. ORDINANCE NO. 03 -13: Consider approval to provide for the designation of a property located at 170 Marine Way as "The Marina House" to the Local Relzister of Historic Places. If passed, a public hearing will be held on March 5, 2013. B. ORDINANCE NO. 06- 13:Consider approval of a citv- initiated amendment to Section 99.02, "Definitions ", amending Section 99.03, "Loud and Unnecessary Noises Prohibited ", amending Section 99.04, "Exemptions ", amending Section 99.05, "Temporary Permits ", repealing Section 99.06, "Notice of Violation ", repealing Section 99.07, "Abatement Orders ", and amending Section 99.08, "Penalty ". If passed, a public hearing will be held on March 5, 2013. 13. COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS: A. City Manager B. City Attorney C. City Commission WORKSHOP MEETING DECEMBER 11, 2012 A Workshop Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Nelson S. McDuffie in the First Floor Conference Room at City Hall at 5:00 p.m., on Tuesday, December 11, 2012. Roll call showed: Present - Commissioner Thomas F. Carney, Jr. Commissioner Alson Jacquet Commissioner Adam Frankel Commissioner Angeleta E. Gray Mayor Nelson S. McDuffie Absent - None Also present were - David T. Harden, City Manager Brian Shutt, City Attorney Chevelle D. Nubin, City Clerk Mayor McDuffie called the workshop meeting to order and announced that it had been called for the purpose of considering the following Item. WORKSHOP MEETING AGENDA 1. Further discussion of the City Manager candidates The Commission discussed their questions, concerns or statements regarding each candidate: Mr. Louie Chapman, Jr and Mr. Douglas E. Smith. Mayor McDuffie stated he asked each candidate if there was any additional information that they wanted to provide to him. Mrs. Gray stated she feels Mr. Chapman has the experience to move this city to its next phase. Mr. Carney stated he spoke with persons including reporters in Bloomfield, Connecticut and they had great things to say; and they also indicated that Mr. Chapman was laid back. He stated the longevity that Mr. Chapman has experienced there really demonstrates that he has performed well and stated he feels it is important that we have fresh eyes here. He stated Mr. Smith is extremely talented but feels fresh eyes are needed. Mr. Frankel stated he has spoken with Mr. Chapman and stated he told him that he will move pensions from Defined Benefit to Defined Contribution. He commented regarding Mr. Chapman's experience and the difference between Delray Beach and Bloomfield, Connecticut. He stated he has spoken with employees who support Mr. Smith. Mr. Jacquet stated we need to continue moving forward and discussed when Mr. Harden first came to the city. He commented regarding Mr. Chapman's resume and experience. He stated Mr. Chapman has fresh eyes and feels he will help move the city forward. He stated the one concern he had with Mr. Chapman was his position on pensions. However, he stated Commission is charged with making those types of decisions. He stated he spoke to both candidates today and his opinion is that someone with new perspective is needed in that position. He stated Mr. Smith is a great guy and has done great work in the city. Mr. Jacquet stated at this time Mr. Chapman is the person to step into the position to move the city forward. Mr. Carney stated he spoke with Mr. Chapman regarding pensions and feels the explanations provided by Mr. Chapman satisfied his questions. Mr. Frankel stated that pensions were the majority of his conversation with Mr. Chapman today and feels that his conversation today was far different than the one they had last week. He commented regarding employees and the economy. Mayor McDuffie stated there were certain things that gave him pause and stated Commission is held to a higher standard and stated 100% of his email asked that Commission support Mr. Smith. Discussion continued between the Commission on this topic. Mayor McDuffie adjourned the Workshop Meeting at 5:38 p.m. ATTEST: MAYOR City Clerk The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Workshop Meeting of the City Commission held on Tuesday, December 11, 2012, which Minutes were formally approved and adopted by the City Commission on February 19, 2013. City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval, which may involve amendments, additions or deletions to the Minutes as set forth above. 2 December 11, 2012 JANUARY 15, 2013 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Thomas F. Carney, Jr. in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, January 15, 2013. 1. Roll call showed: Present- Commissioner Christina Morrison Commissioner Alson Jacquet Commissioner Adam Frankel Commissioner Angeleta E. Gray Mayor Thomas F. Carney, Jr. Absent - None Also present were - Douglas E. Smith, Interim City Manager Brian Shutt, City Attorney Chevelle D. Nubin, City Clerk 2. The opening prayer was delivered by Reverend Ron Arflin with Abbey Delray South. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. Mr. Frankel moved to approve the Agenda, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Carney — Yes; Ms. Morrison — Yes. Said motion passed with a 5 to 0 vote. 5. APPROVAL OF MINUTES: Mrs. Gray moved to approve the Minutes of the Special/Workshop Meeting of December 18, 2012, seconded by Mr. Frankel. Upon roll Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Carney — Yes; Ms. Morrison — Yes; Mr. Jacquet — Yes. Said motion passed with a 5 to 0 vote. 6. PROCLAMATIONS: 6.A. Recognizing Black History Month — February 2013 Mayor McDuffie read and presented a proclamation hereby proclaiming the month of February 2013 as Black History Month. Lula Butler, Director of 01/15/13 Community Improvement, came forward to accept the proclamation. 7. PRESENTATIONS: 7.A. Government Finance Officers Association Award — Certificate of Achievement for Excellence in Financial Reporting Mayor Carney stated the Certificate of Achievement for Excellence in Financial Reporting has been awarded to the City of Delray Beach by the Government Finance Officers Association of the United States and Canada for its Comprehensive Annual Financial Report (CAPER). The Certificate of Achievement is the highest form of recognition in the area of governmental accounting and financial reporting. Mayor Carney presented the award to Milena Walinski, CGFO, Assistant Finance Director, came forward to accept the award and stated this is the 29th consecutive year that this award has been won. Ms. Walinski gave special recognition to the Finance Department and Rebecca O'Connor, Treasurer, for their help in preparing the CAPER. 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. ACCEPTANCE OF A SIDEWALK DEFERRAL /125 N.E. 13TH STREET: Approve acceptance of an agreement to defer installing a sidewalk along N.W. 13'h Street for the property located at 125 N.E. 13th Street. 8.B. REQUEST FOR A SIDEWALK DEFERRAL /928 JASMINE DRIVE: Approve an agreement to defer installing a sidewalk along the south side of Jasmine Drive for the property located at 928 Jasmine Drive. 8.C. REQUEST FOR A SIDEWALK DEFERRAL AND SIDEWALK EASEMENT AGREEMENT /1127 VISTA DEL MAR DRIVE S.: Approve a sidewalk easement and sidewalk deferral agreement to allow future construction of a sidewalk, for a proposed single family residence within the North Beach Overlay District for the property located at 1127 Vista Del Mar Drive S. 8.D. ACCEPTANCE OF A RIGHT OF WAY DEED /125 N.E. 13TH STREET: Accept a right -of -way deed for the dedication of 5' feet on the west side of N.E. 2nd Avenue for the property located at 125 N.E. 13th Street. 8.E. CORRECTION TO ACCOUNT NUMBERS: ROSSO PAVING AND GRADING, INC. / BLOCK 19 AND 20 ALLEY IMPROVEMENTS: Approve a correction to account numbers which were inadvertently referenced for the contract award to Rosso Paving and Grading, Inc., in the amount of $120,000.00 from account number 334 - 3162 -541 -68.56 and $17,866.13 from 448 - 5461 -538 -68.56 for construction of Block 19 and 20 Alley Improvements. 8.F. AGREEMENT /FAITH - HOPE -LOVE CHARITY, INC.: Approve an agreement with Faith — Hope — Love Charity, Inc. to occupy office space at the Neighborhood Resource Center and provide specific outreach services to Veterans. 2 01/15/13 8.G. ADDITIONAL SCOPE /COASTAL CONTRACTING & DEVELOPMENT, INC.: Consider approval of additional scope to Coastal Contracting & Development, Inc. in the amount of $12,183.56 associated with connecting electrical panels to the Florida Power and Light (FPL) point of service for the Atlantic Avenue Gateway Art Feature Project. Funding to be paid out of the Contract's Undefined General Allowance. 8.H. LAND USE RESTRICTION AGREEMENT AND DEED RESTRICTIONS:212 N.W. 14TH AVENUE: Approve a Neighborhood Stabilization Program (NSP) Land Use Restriction Agreement and Deed Restrictions with Jesus J. Aguirre -Rueda and Maria N. Gomez for the property located at 212 N.W. 14th Avenue sold for single- family homeownership. 8.I. DELRAY BEACH PUBLIC ART BOARD: FLOR500 TEMPORARY ART PROJECT: Approve and authorize funding for the FLOR500 Temporary Art Project to be placed on the front lawn of City Hall which consists of nine (9) concrete planters containing various wildflowers in celebration of Ponce de Leon's discovery of the Florida peninsula. Funding is available from 115- 1702 -579 -52.26 (Special Projects Fund: Operating Supplies /Gardening Supplies) and 115- 1702 -579 -49.90 (Special Projects Funds: Other Current Charges). 8_J. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period December 31, 2012 through January 11, 2013. 8.K AWARD OF BIDS AND CONTRACTS: 1. Purchase award to Devland Site Development, Inc. in the amount of $120, 000.00 for sludge removal and disposal "as needed ". Funding is available from 441 - 5122 -536 -52.21 (Water and Sewer Fund: Operating Supplies /Chemicals). 2. Purchase award to Fisher Safety Fire and Emergency Services in the amount of $582,667.06 for the replacement of the Self - Contained Breathing Apparatus (SCBA) and associated components. Funding is available from 334 - 2311 -522 -64.90 (General Construction Fund: Machinery Equipment/Other Machinery/Equipment). 3. Purchase award to PVS Technologies, Inc. in the amount of $220,000.00 for purchase and delivery of liquid ferric chloride "as needed ". Funding is available from 441 - 5122 -536 -52.21 (Water and Sewer Fund: Operating Supplies /Chemicals). 3 01/15/13 Mr. Frankel moved to approve the Consent Agenda, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor Carney — Yes; Ms. Morrison — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote. At this point, the Commission moved to Comments and Inquiries on Non - Agenda Items from the City Manager and the Public. 9.A. City Manager's response to prior public comments and inquiries. Douglas E. Smith, Interim City Manager, stated Ms. Moody had expressed concerns about some brick pavers at Dunkin Donuts and those have been repaired. Mr. Smith stated staff indicated that the City would not have staff at the Tri -rail station for any reasons since it is not a City facility and it may have been another governmental entity. 9.11. From the Public. 9.11.1. Chuck Ridley, 210 N.W. 2"d Avenue, Delray Beach, FL 33444, thanked the Commission and staff for supporting the moms in the symbolic march to talk about how the community embraces all our residents ensuring that we will be safe. Mr. Ridley stated this sent a powerful message. 9.11.2 Ann Stacev - Wright. 102 S.W. 13th Avenue. Delrav Beach. FL 33444. stated on October 2012 a group of concerned citizens submitted a petition concerning City employee Deirdra Roper Thomas regarding Pompey Park. Ms. Stacey -Wright stated they were told that there would be an investigation and as of this date she has not heard back from anyone. 9.11.3. Steve Blum, Antilles Homeowners' Association, 115 Venetian Drive Unit "C ", Delray Beach, FL 33483, stated this is the first meeting of the new year with the new Mayor, etc. and he is overjoyed. 9.11.4. Carol Anderson, 1441 East Bexley Park Drive, Delray Beach, FL 33445, stated she affiliated herself with S.A.F.E. (a civic group aiming to improve our pedestrian bicyclists' and motorists' safety). Ms. Anderson stated she looked over the sidewalks in downtown Delray where there had been some concern. Ms. Anderson stated she spent two nights and was delighted with what she saw; however, she stated there are a couple of areas which she would like to see someone address to make sure the city stays as good as we are. She suggested that the city place foot patrols in the downtown area because it would be an asset in making people feel safer and deterring anyone who might be thinking of crime. Ms. Anderson distributed photos to the Commission of the setup of some of the sidewalk restaurants on Atlantic Avenue and Pineapple Grove. She stated Boehme Bistro have set their curve tables in a way that they are parallel to the street so there are no chairs protruding into the walk area but other restaurants such as The Office have their tables seated perpendicular to the street and have blocked the passageway. Ms. Anderson asked if there is an ordinance about the placement of tables at sidewalk 4 01/15/13 restaurants downtown in order to keep the right -of -way clear. 9.B.5. Peter Humanik, 704 N.E. 5th Street, Delray Beach, FL 33444, stated he would like to know how Mayor Carney and Commissioner Frankel feel about allowing the public to comment about items on the agenda. 9.B.6. Pauline Moody, 609 S.W. 8th Avenue, Delray Beach, FL 33444, congratulated Douglas E. Smith for the great job he is doing as Interim City Manager and gave a few brief comments about the newly appointed City Manager Louie Chapman. At this point, the time being 6:21 p.m., the Commission moved to the Regular Agenda. 10. REGULAR AGENDA: 10.A. WAIVER REQUESTS/BELUGA WINE BAR AND RESTAURANT: Consider approval of three (3) waiver requests to Land Development Regulations (LDR) Sections 4.4.13(17)(4)(c)(1), "Lower Levels ", and Section 4.4.13 (17)(4)(c)(2), "Upper Levels ", pertaining to the CBD (Central Business District) building setback requirements for Beluga Restaurant and Wine Bar located at 44 S.E. 2nd Avenue. (Quasi- Judicial Hearing) Mayor Carney read the City of Delray Beach Quasi - Judicial rules into the record for this item and all subsequent items. Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor Carney asked the Commission to disclose their ex parte communications. The Commission had no ex parte communications to disclose. Paul Dorling, AICP, Director of Planning and Zoning Department, entered the Planning and Zoning Department project file #2013 -026 into the record. Mr. Dorling stated this is a request for consideration of three (3) waivers in association with Beluga Restaurant and Wine Bar. He stated the request is to allow a front setback of 14 feet 2 inches where a 15 foot minimum is required along S.E. 2" d Avenue. Mr. Dorling stated there are two frontage requirements as it relates to the design guidelines; one relates to the lower levels requiring no greater than 10 feet; setback for 85 feet of the building and the applicant is requesting a reduction to 53 feet 6 inches. Mr. Dorling stated there is a reduction for the front setback that is required to be at a minimum of 15 foot for the upper levels and the applicant is requesting a reduction from 84 feet to 66 feet. Mr. Dorling stated required findings are made to LDR Section 2.4.7(B)(5) and the rationale given by the applicant relates to fact that the structure is a non - conforming structure and the proposed changes get it closer to the conforming status in the LDRs. Mr. Dorling briefly reviewed the east, north, west, and south elevations. 01/15/13 At its meeting of December 19, 2012, the Site Plan Review and Appearance Board recommended approval of all three waivers with a 7 to 0 vote. The applicant was not present. Mayor Carney stated if anyone from the public would like to speak in favor or in opposition of the waiver requests, to please come forward at this time. There being no one from the public who wished to address the Commission, the public hearing was closed. Ms. Morrison stated this was an existing structure for a long time and it is not in conformance now and inquired about what the applicant wants to do. Mr. Dorling clarified that the applicant wants to bring this closer to current conforming LDRs. Mr. Jacquet asked if immediately west is two - stories as well. Mr. Dorling stated it is currently one -story in a portion; along the north is a two -story portion and a one -story piece. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mr. Jacquet moved to adopt the Board Order as presented, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor Carney — Yes; Ms. Morrison — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion passed with a 5 to 0 vote. 10.B. WAIVER REQUEST/LINTCO DEVELOPMENT: Consider approval of a waiver request to Land Development Regulations (LDR) Section 4.6.9(13)(3)(c)(1), "Stacking Distance ", to reduce the stacking distance from the required fifty feet (50') for parking lots with fifty -one (5 1) or more spaces to twenty -eight feet nine inches (28'9 ") at the northern entrance on S.W. 4th Avenue for Lintco Development. (Quasi- Judicial Hearing) Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor Carney asked the Commission to disclose their ex parte communications. Paul Dorling, AICP, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2012 -224 into the record. Mr. Dorling stated this is a waiver request to reduce the stacking distance from the required fifty(50) feet for parking lots with fifty -one or more spaces pursuant to LDR Section 4.6.9(D)(3) (c)(1) and the reduction is to twenty -eight feet nine inches (28' 6 01/15/13 9 ") at the northern entrance on S.W. 4th Avenue for the Lintco Development. He stated the requested waiver is in the vicinity of the secondary access off 4th Avenue. Mr. Dorling stated the requirement is for fifty (50) feet before the first parking space. Staff recommends approval. At its meeting of November 14, 2012, the Site Plan Review and Appearance Board (SPRAB) recommended approval. Mayor Carney stated if anyone from the public would like to speak in favor or in opposition of the waiver request for Lintco Development, to please come forward at this time. There being no one from the public who wished to address the Commission, the public hearing was closed. Mrs. Gray asked how this would affect the site triangle. Mr. Dorling stated it does not affect the site triangle in anyway. Mr. Jacquet expressed concern that inbound and outbound traffic there will be more congestion and more issues because that is the closest entrance and the closet exit to all of the neighborhoods inside. Mrs. Gray stated she can support the waiver only because the stop sign is there so that will slow down the traffic before actually making that right and then right or left on 4th Avenue. Mr. Jacquet expressed concern over the heavy traffic at the secondary entrance. Mr. Dorling stated historically where you have multiple entries this waiver has been supported in the past because when written it was primarily to provide enough stacking distance to come in and out of a single access point. Ms. Morrison asked if the traffic that is exiting the secondary entrance will be able to turn both north and south or be limited to just the direction of traffic. Mr. Dorling stated it would have access north and south and incoming traffic would be able to turn in there from north and south. Ms. Morrison concurs with comments expressed by Mr. Jacquet because the nature of the population in that northern most area with the school and the multi - family neighborhood. Mr. Dorling stated if the Commission denies the waiver request the applicant has two choices; he could ask the Commission to reconsider it at the next meeting or he could meet the Code and eliminate parking spaces. The City Attorney stated without the applicant being present the Commission cannot place a condition on this. Mr. Dorling stated the Commission could continue it and ask the applicant to be present when they deliberate next time. 7 01/15/13 The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mr. Jacquet moved to adopt the Board Order denying the waiver request, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Ms. Morrison — Yes; Mr. Jacquet — Yes; Mr. Frankel — No; Mrs. Gray — Yes; Mayor Carney — No. Said motion was DENIED with a 3 to 2 vote, Commissioner Frankel and Mayor Carney dissenting. 10.C. WAIVER REQUEST/DOWNTOWN BOWLING: Consider approval of a waiver request to Land Development Regulations (LDR) Section 4.6.18 (B)(14)(iv)(2), "Building and Structure Requirements ", to allow a minimum transparency or glass surface area on the ground floor along N.E. 2nd Avenue of 7.28% whereas 75% is required for Downtown Bowling located at 45 N.E. 2nd Avenue. (Quasi- Judicial Hearing) Mayor Carney asked the Commission to disclose their ex parte communications. Mr. Frankel stated he has the same ones he disclosed when the Commission previously discussed the Downtown Bowling and he ran into the brother of the applicant Steven Dapuzzo at Dunkin Donuts about 45 minutes ago and asked him how the construction was coming. Mrs. Gray stated she had no ex parte communications to disclose. Mr. Jacquet stated he spoke briefly to Attorney Pintaluga. Mayor Carney stated he had no ex parte communications since the last meeting. Paul Dorling, AICP, Director of Planning and Zoning entered the Planning and Zoning Department project file #2013 -043 into the record. Mr. Dorling stated this is a request to approve a waiver to LDR Section 4.6.18(B)(14)(iv)(2), to allow a minimum transparency or glass surface area on the ground floor along N.E. 2nd Avenue to be 7.28% rather than 75% required by the Design Guidelines. He stated this will be going to a restaurant and an eight lane bowling facility. The Design Guidelines call for 75% transparency to provide window shopping opportunities along the streetscape. Mr. Dorling stated this site would have some windows and improvements at the southwest corner and the portion where the bowling alleys are would be a solid wall and the need for the reduction in transparency. Mr. Dorling stated the required findings to LDR Section 2.4.7(B)(5) are made in the staff report. At its meeting of December 19, 2012, the Site Plan Review and Appearance Board (SPRAB) recommended approval of this waiver request. Mayor Carney stated if anyone from the public would like to speak in favor or in opposition of the waiver request, to please come forward at this time. There being no one from the public who wished to address the Commission regarding the waiver request, the public hearing was closed. 8 01/15/13 Mrs. Gray stated she supports the waiver request. Mr. Jacquet stated the difference from 7.28% to 75% is because it is a bowling alley and there are not many windows. Mr. Dorling stated the facade is not a bowling alley and has a similar issue with transparency but the conversion is raising that from 5% to 7% with the introduction of the visibility at the corner. He stated it is really a function of the use that is proposed. Ms. Morrison stated she supports the waiver request. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mrs. Gray moved to adopt the Board Order as presented, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Carney — Yes; Ms. Morrison — Yes. Said motion passed with a 5 to 0 vote. N.D. WAIVER OF SURETY BOND REQUIREMENT: SPODAK DENTAL GROUP FACILITY: Consider approval of a waiver of surety bond requirement to Land Development Regulations (LDR) 2.4.10(A), "Financial Guarantees, Surety Bond ", to reduce site bonding requirements for the Spodak Dental Group Facility to 110% of the value of water and sewer infrastructure with the condition that no Certificate of Occupancy be issued in any form for the facility prior to completion and certification of all required site improvements. (Quasi- Judicial Hearing) Mayor Carney asked the Commission to disclose their ex parte communications. Mr. Frankel stated he is a patient of Dr. Spodak. Mr. Jacquet stated he is a long -time former patient of Dr. Spodak Mrs. Gray stated she had no ex parte communications to disclose. Ms. Morrison stated she had no ex parte communications to disclose. Richard Hasko, Director of Environmental Services, entered project file #Tac -537 into the record. Mr. Hasko stated this is a request from the applicant for a partial waiver from the City's surety bond requirements for the constructed improvements on the site. He stated this is a 13,000 square foot building on a two acre site on the north side of Atlantic Avenue next to the Delray Garden Center. Mr. Hasko stated Dr. Spodak is going to be the sole occupant of this site. He stated the most expensive portions of the construction will be on the on -site drainage system, the parking lot grading, etc. Mr. Hasko stated whether or not those things get complete has no impact on public safety, city liability, or anyone but Dr. Spodak Staff agrees that it meets all the requirements of the required findings as well as it not granting a special privilege. 9 01/15/13 Dr. Spodak, 904 N.E. 2nd Avenue, Delray Beach, FL 33444, stated he is excited about this building and what it will bring to Delray. Mayor Carney stated if anyone from the public would like to speak in favor or in opposition of the waiver, to please come forward at this time. There being no one from the public who wished to address the Commission regarding the waiver, the public hearing was closed. Mr. Hasko stated staff requests a condition of approval that no Certificate of Occupancies of any kind would be issued prior to completion and certification of all of these improvements by the City. Ms. Morrison stated she appreciates Dr. Spodak growing his business in Delray Beach. Mr. Jacquet moved to adopt the Board Order as presented, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Carney — Yes; Ms. Morrison — Yes; Mr. Jacquet — Yes. Said motion passed with a 5 to 0 vote. 10.E. SCOPE OF SERVICES /COASTAL PLANNING & ENGINEERING, INC.: HURRICANE SANDY SAND DUNE REPAIR: Consider approval of a Scope of Services with Coastal Planning & Engineering, Inc. in the amount of $37,521.50 for Hurricane Sandy Sand Dune Repair. Funding is available from 332 - 4164 -572 -31.30 (Beach Restoration Fund: Professional Services /Engineering /Architectural). Paul Dorling, AICP, Director of Planning and Zoning, stated this is a scope of services from Coastal Planning & Engineering, Inc. (CPE) as a result of the Workshop last Tuesday and the direction by the Commission to go forward with some emergency work as it related to Hurricane Sandy. Mr. Dorling stated this is the scope of work which includes the cost for design surveys, dune repair design, regulatory approval, preparation of plans and specs, bidding assistance, and construction observation. He stated the attached memo outlines the personnel to be utilized for the task and the estimated hours and related fee schedules and the task is not to exceed $37,521.50. Mr. Dorling stated DEP met with staff and was originally reluctant to use the emergency order because there were not any structures that were in parallel but they did agree to allow the infusion of about 1,500 cubic yards of sand; 500 yards north of this cut and about 100 feet south on the municipal beach. He stated the 500 feet related to where the dune slope and the high water mark of the dune had some significant recovery further north and they were not going to allow any fill north of that. Mr. Dorling stated permits have to be processed very quickly and the work has to be done by February 28, 2013. He stated the DEP representative said they would accept those and approve them from upland sources or from the dredge source. Mr. Frankel stated since the last Workshop meeting when the Commission discussed the beach work he reached out to Senator Nelson's office. He commented that 10 01/15/13 Mr. Smith had discussions with Michelle and inquired about the status. Mr. Smith stated he called to get another update today and did not hear back from her so he sent an email with additional information but staff has not heard back yet. Staff has made contact with State Senator Sachs regarding this issue and in addition the new lobbying group All Florida Solutions will be reaching out to higher level DEP staff on this issue as well. Mr. Jacquet stated in their last Workshop meeting the Commission discussed a special assessment or the private parts of the beach about the residents living there contributing. Mr. Jacquet asked if we are only doing the municipal beach or are we also doing the private beach. Mr. Dorling stated that is a long -term funding solution and staff has not begun to do anything at this point. Mr. Dorling stated this is all State property and is public beach; what is being proposed is 500 feet in front of the public beach in front of private property and 100 feet in front of municipal property. Mr. Smith stated based on the DEP rep's indication of the smaller amount of fill that they would allow (1,500 cubic yards) is a significant cost reduction from the cost estimates that staff was looking at before. Mr. Frankel moved to approve the scope of services with Coastal Planning and Engineering, Inc. in the amount of $37,521.50 for Hurricane Sandy Sand Dune Repair, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor Carney — Yes; Ms. Morrison — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote. 10.F. BID AWARD/INNOVATIVE METERING SOLUTIONS, INC. (IMS): Consider a bid award to Innovative Metering Solutions, Inc. (IMS) for Contract 1 of the Meter Replacement and Advanced Metering Infrastructure (AMI) project with the first year cost not to exceed $1,758,082.55. Funding is available from 442- 5178 -536- 64.46 (Water & Sewer Renewal & Replacement Fund: Machinery/Equipment/Automated Meter Reading). Richard Hasko, Director of Environmental Services, stated this item is for award of contract to Innovative Metering Solutions, Inc. (IMS) for the first phase of Advanced Metering Infrastructure (AMI) project with the first year cost not to exceed $1,758,082.55. Mr. Hasko stated this is a first phase of a five (5) year planned transition from traditional metering of the potable water and reclaimed systems to implementation of advanced technology that will allow staff to collect data on a real time basis versus once a month readings which will have reporting capabilities to it and this will allow staff to use that information in a much more productive and efficient form for future planning. Mr. Hasko stated it will allow staff to provide a much higher level of customer service because staff will be able to read meters instantaneously from the computers in Utility Billing (UTB) via radio communications. He stated over the next subsequent four years staff will be doing meter replacements and installing the localized infrastructure on a meter by meter basis. Mr. Hasko stated there was some question during the bid process 11 01/15/13 about dual porting or trying to cut down on material costs by potentially reading multiple meters with one unit. He stated staff added that in as an opportunity for vendors who were going to provide that to show a discount but that did not occur and was actually an addition in most cases. Mr. Hasko stated the lowest responsive bidder is Innovative Metering Solutions, Inc. Mr. Jacquet asked if these meter readers is what the City currently has on the beach. Mr. Hasko stated what the City has had on the beach for many years are radio read meters where you did not have to actually walk down the street and look at the dial on the meter but there was a radio sending unit inside each meter that was connecting to the meter mechanism and as you drove by the unit in the vehicle would pick up the reading. Mr. Hasko stated what the City has throughout the City are touchpads which you do not have to physically read the dial on the meter but there is a touchpad on the meter box that is electronically connected to the mechanism. Mr. Hasko stated the City is now going to much more advanced technology where the meter readings and the characteristics through that meter will be transmitted to the system in UTB's office. Mr. Jacquet stated since the City first got the radio meter reads on the beach he has talked to number of the meter readers that work for the City. He stated they have informed him that they hate the new meters that the City has because they are too problematic and it is costing the City more money and them more time because they have to go back and recheck them because sometimes it does not read them. Mr. Jacquet expressed concern that the City is going to through millions of dollars into the product and then find that it is costing us more money and it is more time consuming and aggravates City workers. Mr. Hasko stated staff did a complete study looking at a variety of this same type of technology throughout the State of Florida and visited a couple of different municipalities that had implemented different types of this technology. He stated because of the way it is designed this program can actually save the City dollars from the perspective of staffing, reducing unaccounted for water and unpaid water. Staff anticipates increases in revenues. Mr. Jacquet asked if older technology will be more reliable than new technology that has not been tested thoroughly yet. Victor Maitenyi, Deputy Director of Public Utilities, stated that technology is older and there were many revisions in that and staff has vetted the process and believes the newer technology is better. Rene Mathews, President of Mathews Consulting, Inc., stated the meters and the equipment that was recently put out that is problematic is from a particular vendor and City staff is working very diligently with that vendor to correct those issues with that particular equipment. Ms. Mathews stated what is being proposed under this is a completely different vendor and different equipment and they do not perceive that it is going to be a continued problem. Mr. Jacquet asked where else has the equipment that is being proposed right now been used. Ms. Mathews stated they have a huge list of installations throughout the entire U.S. Ms. Mathews stated each year they upgrade the system and 12 01/15/13 the software as well as the hardware so the City would get the most updated equipment today not something that was developed five years ago. She stated this particular AMI which is where you get the read from the meter directly to the computer they have had systems in operation for at least five (5) years. Mr. Jacquet reiterated that he is concerned that the City will spend more money than we will make off of it and he does not think we are losing that much out of the water that we need to spend this much money. Mr. Hasko stated it is almost a quantum leap in technology in terms of rather than having to have people driving down the street for radio reads route by route or people walking down the street route by route tapping touch pads and only doing that once a month. He stated you only get a once a month reading for how much water is being used at that unit or connection. Mr. Hasko stated this system is going to report how much water is flowing through that meter at any interval you want to program into it. Mr. Hasko stated vendors come to the City about using technology to make us more efficient to save money and increase revenues and almost in every case some part of the cost savings involves positions that you no longer need. Mr. Hasko stated he is skeptical about that as well but he does not know if this will cost the City jobs because he does not know what other needs the Utility Billing Manager may have. He stated perhaps the positions that are not needed if the system goes into operation could fill in public utilities. Ms. Morrison stated with this new system the meter readers would no longer have to go out. Mr. Hasko stated the actual reading of the meter itself would be done from a computer system. Mr. Hasko stated this is more cost effective and more accurate in the context of the shorter increments that you can collect those readings. He stated the real benefit to the administration staff for utilities is to have that real time information because it gives staff solid information for future planning. Mrs. Gray asked if the City is losing revenue and water and whether the meters are contributing to that. Mr. Hasko stated the meters are contributing to that and a couple of years ago the City was losing approximately $300,000 a year. Ms. Mathews stated each year the meters continue to be less accurate so the City is actually losing $400,000 4500,000 in revenue a year because the current meters are inaccurate because they are 10 -15 years old. She stated the gain of revenue will be tremendous because the new meters start off at 100% accuracy. Mr. Hasko stated staff is phasing the project and will begin an annual program for meter replacement. He stated over a 5 -7 year period the City will have placed all the meters but it will not have to be done all at one time. Mr. Hasko stated it becomes a more manageable financial renewal and replacement effort. He stated they want to get the first phase in and have a year's experience with it to make sure that is exactly what the City is getting. 13 01/15/13 Mrs. Gray asked when staff will be able to see the savings. Mr. Hasko stated the City should start seeing the savings the initial year and it will increase as years go on as additional meter replacements are implemented. Mr. Carney asked if they expect $3 million in savings. Ms. Mathews stated the payback is approximately 5 -7 years so the money the City is investing right now would be paid back in 5 -7 years because of the savings with the meter accuracy; over a 20 year life cycle they expect that the City will get significant revenues back. Ms. Mathews stated the program can be programmed so that alarms can come back to the City staff and let them know who might be tampering with the meter or programmed so that when there is unusual usage or zero usage. She stated City staff can immediately check on those issues as opposed to waiting month or more because they are currently only getting a meter read every month. Mr. Carney inquired about the process of shutting off water. Ms. Mathews stated the City would still have to send someone out to turn off water and noted there is a future option to have a shut -off valve that the City could elect if they so wish. Mr. Jacquet asked what will happen with the old meters. Mr. Hasko stated the City will collect them and take them to a local scrap yard. Mr. Frankel moved to approve the bid award to Innovative Metering Solutions, Inc. (IMS) for Contract 1 of the Meter Replacement and Advanced Metering Infrastructure (AMI) project, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor Carney — Yes; Ms. Morrison — Yes; Mr. Jacquet — No; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion passed with a 4 to 1 vote, Commissioner Jacquet dissenting. 10.G. EMPLOYMENT AGREEMENT /CITY MANAGER: Consider an Employment Agreement between the City of Delray Beach and Mr. Louie Chapman. The City Attorney stated this Employment Agreement originally came in front of the Commission on January 3, 2013 and Commission continued it to this meeting. The City Attorney stated the terms of the agreement are the essentially the same and Mr. Chapman is still okay with the start date of April 1, 2013. Mr. Jacquet stated the Commission has been discussing this since this past summer and yesterday the Commission had a Workshop meeting and Mr. Hollifield who performed the background check was present and the Commission had the opportunity to meet with him one -on -one and as a group. Mr. Jacquet stated Mr. Chapman was present as well and the Commission had the opportunity to address any concerns that they had. Mr. Jacquet stated he feels all the questions that were asked were answered and he is ready to vote on this item. Mr. Frankel asked about the DCF Report and stated he is not comfortable with this entire process. Mr. Frankel stated the search that the City has done could have been and should have been larger and more expansive. He believes that the vetting process created as many questions as solutions. Mr. Frankel stated he has made it clear previously that this entire situation would not have been his first choice and believes he 14 01/15/13 has been consistent in expressing this from the beginning; however, if the majority of this Commission chooses Mr. Chapman and goes forward with the contract this evening to be the next City Manager, he will support his efforts irrespective of his vote tonight and encouraged the Commission and the City to move forward as a single unit. Mrs. Gray stated Mr. Chapman has 19 years of experience of being a City Manager and has the credentials and experience that is necessary to move the community forward. She stated he has represented a change that is moving forward and feels everyone should be excited and proud of that. Mrs. Gray stated Mr. Chapman is more than qualified and there should not be any issues with him stepping in and moving the City forward. Mrs. Gray stated she fully supports Mr. Chapman and commented that the City offered him a contract and he did not alter the contract so she believes we need to move forward. Ms. Morrison thanked Mr. Chapman and Mr. Holifield for coming down and spending one -on -one time with her because she gained a lot of insight from their discussions. Ms. Morrison stated she spent time gathering data, talking with several trusted and informed Delray residents, and also talked to business, quasi - governmental, and governmental agents throughout the county trying to get a sense of what is going on in the City leadership management world. She stated much of the feedback she got reinforced what she already knew and what she sensed and some of the information and opinions were surprising. Ms. Morrison stated some of the more surprising is what she learned from County employees and government people that the word on the street for Delray Beach was that the City has already picked their new City Manager and the search was just window dressing. She stated she was told that several people did not apply because that was the general feeling around the County. Ms. Morrison stated she had other people tell her that the Commission has to go forward with a unified presence and the entire Commission should agree on the new City Manager. Ms. Morrison stated she feels the process of the search was flawed since the City only received 52 applications for a City of this stature. She stated the search was not a full blown search but was through the ICMA only; Ms. Morrison stated she thought when ICMA took over the search that it would also go out to professional executive search firms and that was not the case. Ms. Morrison stated the City where Mr. Chapman is from is much smaller, it has a much smaller population, the Police Department is a third of the size of Delray Beach's Police Department and a fraction of the budget of Delray Beach, there is no professional fire - rescue department, it is not coastal city, and there has been some Police misconduct that she knows in Delray Beach would not have been tolerated and would not have gone unpunished. Ms. Morrison stated the rules of conduct in the State of Florida are much stronger than they are elsewhere in this country because of what has happened in Florida's past. Ms. Morrison urged the Commission to "punt" for 3 -6 months and reevaluate the situation. Mayor Carney stated these are unsubstantiated rumors and noted that this is the approval of the contract; the offer has been made not whether or not it should have been made. 15 01/15/13 Mrs. Gray commented about the process and the search. Mrs. Gray moved to approve the Employment Agreement between the City of Delray Beach and Mr. Louie Chapman, seconded by Mr. Jacquet. Upon roll call the Commission voted as follows: Ms. Morrison — No; Mr. Jacquet — Yes; Mr. Frankel — No; Mrs. Gray — Yes; Mayor Carney — Yes. Said motion passed with a 3 to 2 vote, Commissioner Morrison and Commissioner Frankel dissenting. 10.11. REASSIGNMENT OF COMMISSION LIAISON APPOINTMENTS: Reassignment of City Commission Liaison Appointments to various Advisory Boards and outside agencies. Mayor Carney suggested that Ms. Morrison accept Mayor McDuffie's former assignments for the next three months. However, Mayor Carney stated those assignments that the Mayor actually has to do he will do. Mr. Jacquet stated he currently has Plumosa and Carver Middle School and would like to have Atlantic Community High School as one of them. Mrs. Gray stated this is fine as long as he keeps the other schools as well. Mr. Smith stated one of the Boards is the Metropolitan Planning Organization (MPO) and suggested that the Commission discuss who may want to fill in on an interim basis. Mayor Carney stated he will accept the liaison appointment to the Metropolitan Planning Organization (MPO). Mr. Jacquet commented that the appointments to the Legislature have changed. The Commission commented that these appointments will be updated at the Organizational Meeting in March. After brief discussion the Commission appointed Douglas Smith, Interim City Manager, to be liaison for the Palm Beach County League of Cities assignment. Mr. Frankel moved to approve the reassignment of City Commission Liaison Appointments to various Advisory Boards and outside agencies, seconded by Ms. Morrison. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Carney — Yes; Ms. Morrison — Yes. Said motion passed with a 5 to 0 vote. 10.I. BID PROPOSAL /UNITED STATES TENNIS ASSOCIATION (USTA): FED CUP SEMI - FINALS: Consider approval of a bid proposal to the United States Tennis Association (USTA) to be the host site for the 2013 FED Cup Semi - Finals if held in the United States. 16 01/15/13 Robert A. Barcinski, Assistant City Manager, stated this is a request for the City to approve a bid to the United States Tennis Association (USTA) to be the host site for the 2013 FED Cup Semi - Finals held April 20 -21, 2013 (if held in the United States). The Community Redevelopment Agency (CRA) gave the City a $75,000 commitment towards the costs and the City has a $100,000 grant request into the Sports Commission. Staff meets with the Sports Commission on January 31, 2013. The City will ask for revenue sharing again from the USTA. Mr. Barcinski stated the economic event is estimated to be approximately $1,000,000 to the community and the county. Mr. Frankel moved to approve, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Carney — Yes; Ms. Morrison — Yes; Mr. Jacquet — Yes. Said motion passed with a 5 to 0 vote. 10.J. 2013 PROPOSED STATE LEGISLATIVE PRIORITIES: Consider approval of the 2013 proposed State Legislative Priorities. Rich Reade, Sustainability Officer, stated this item is the 2013 proposed State Legislative priorities. Mr. Reade stated staff took the comments from the last Workshop and made it more Delray appropriate. He stated some of the things discussed at the Workshop that are included are: information about the communications services tax, the enterprise zone, information about affordable and accessible property reform, sober houses, synthetic drugs, transportation funding, beach renourishment and the emergency permitting issue, water resources, and overall expanded grant funding. Mr. Reade stated the Legislative Session begins March 5, 2013 and ends May 3, 2013. He stated staff has also worked with the lobbyist to develop a new format for this. Mr. Reade stated this format brands the document, gives it a level of strength and it is effective in the way it looks as well. Mr. Smith stated one of the other things that has been done in the past that the lobbying firm will be able to help with is developing this into a tri -fold brochure that is easy to hand out as well. Mrs. Gray asked why the West Atlantic Avenue is not being added as an enterprise zone as well. Mr. Reade stated staff included that area as well as some of the areas that go all the way down 4m at Linton Boulevard as well as some of the areas that front I -95. Mrs. Gray stated the whole idea is to create traffic from Congress Avenue to downtown and vice versa and asked if there is a reason why this is not in the language. Mr. Reade stated it is in the map that will be provided in the Statute language and the Bill language. Ms. Morrison thanked staff for listening and stated this is great. Mr. Jacquet echoed comments expressed by Commissioner Morrison. Mr. Jacquet stated he has had the opportunity to work as a Legislative Aide so drafting bills and going through the process was his main job. He stated Representative Lori Berman reached out to him about the building she is renting from the City and he will be working 17 01/15/13 with her staff very closely. Mr. Jacquet stated March 6, 2013 is Palm Beach County Legislative Day in Tallahassee. Mrs. Gray commented about the writing of the Bill for the Enterprise Zone and asked if Senator Sachs is writing the Bill. Mr. Jacquet stated Senator Sachs has to draft it and someone from the House side has to draft it as well. Mr. Jacquet stated Lori Berman is this doing for the House and Senator Sachs is doing it in the Senate. Mr. Reade stated she is definitely committed and noted that some of the data that staff has been recently providing has been from the Senate Bill drafting side and staff anticipates that coming out soon. Also, Mr. Reade stated Representative Powell and Representative Hager have both agreed to be prime co- sponsors on Bill as well. Mr. Jacquet suggested that staff present at the Palm Beach County Delegation and get the entire Palm Beach County Delegation to support it. Mr. Reade stated the Palm Beach County Delegation is going to be meeting in Delray Beach on the January 28th and meeting in West Palm Beach on the January 30th. Mr. Jacquet suggested that Mr. Reade ask the entire Delegation if they would stand behind this particular Bill and other bills that City wants. Ms. Morrison moved to approve the 2013 proposed State Legislative Priorities, seconded by Mr. Jacquet. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor Carney — Yes; Ms. Morrison — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote. At this point, Mr. Reade informed the City Commission that one of the areas that the City Commission wanted to go forward with is a Federal Request for Proposal. He stated staff is proceeding forward with it. 8.K APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint one (1) alternate member to the Code Enforcement Board to serve a three (3) year term ending January 14, 2016. Based upon the rotation system, the appointment will be made by Commissioner Morrison (Seat #1). Ms. Morrison moved to reappoint Jason Whiteman as an alternate member to the Code Enforcement Board to serve a three (3) year term ending January 14, 2016, seconded by Mr. Jacquet. Upon roll call the Commission voted as follows: Mayor Carney — Yes; Ms. Morrison — Yes; Mr. Jacquet — Yes; Mrs. Gray — Yes. Said motion passed with a 4 to 0 vote. 10.L. APPOINTMENTS TO THE EDUCATION BOARD: Appoint two (2) regular members to the Education Board to serve unexpired terms ending July 31, 2013. Based upon the rotation system, the appointments will be made by Mayor Carney (Seat #5) and Commissioner Morrison (Seat #1). 18 01/15/13 Mayor Carney stated he wished to appoint Kenya Spear as a regular member to the Education Board to serve an unexpired term ending July 31, 2013. Mr. Jacquet so moved, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Ms. Morrison — Yes; Mr. Jacquet — Yes; Mrs. Gray — Yes; Mayor Carney — Yes. Said motion passed with a 4 to 0 vote. Ms. Morrison moved to appoint Sandra Owens as a regular member to the Education Board to serve an unexpired term ending July 31, 2013, seconded by Mr. Jacquet. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mrs. Gray — Yes; Mayor Carney — Yes; Ms. Morrison — Yes. Said motion passed with a 4 to 0 vote. 10,M. LICENSE AGREEMENT /32 EAST RESTAURANT: Consider approval of a license agreement with 32 East Restaurant to allow a balcony to extend into the public right of way. (ADDENDUM) The City Attorney stated at the Workshop meeting the Commission gave direction for staff to come up with an agreement with 32 East Restaurant to address the use of having a balcony in the public right -of -way. The agreement will be annual and it may be renewed on an annual basis subject to the City Manager renewing it and the annual fee will be $5,000. The City Attorney stated 32 East will be required to pay an appropriate parking in -lieu fee which will be one space; they may not sub - license the premises to another entity and they will have to indemnify the City; and, if 32 East fails to abide by the terms of the agreement the City can terminate the agreement. He stated 32 East is in agreement with those terms. Mr. Frankel stated although he will support it he objects to the additional fees. Mr. Jacquet commented about a limitation with regard to the property. The City Attorney stated they cannot sub -lease or transfer it to someone else and the agreement is only with 32 East. Mr. Jacquet asked what happens if 32 East goes away and someone new comes into that same spot and wants to operate on the balcony. The City Attorney stated they would have to come to the City to enter into a like agreement. Mr. Frankel moved to approve the license agreement with 32 East Restaurant to allow a balcony to extend into the public right -of -way, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Carney — Yes; Ms. Morrison — Yes; Mr. Jacquet — Yes. Said motion passed with a 5 to 0 vote. 10.N. MODIFICATION NO. 3 TO THE NEIGHBORHOOD STABILIZATION PROGRAM - 1 (NSP -1) GRANT AGREEMENT: Consider approval of Modification No. 3 to the Neighborhood Stabilization Program (NSP -1) Grant Agreement to extend the contract ending date to August 15, 2013. (ADDENDUM) 19 01/15/13 Lula Butler, Director of Community Improvement, stated this item is for Modification No. 3 to the Neighborhood Stabilization Grant Agreement to extend the contract ending date to August 15, 2013. Mrs. Butler stated the NSP -1 Subgrant Agreement with Florida Department of Community Affairs (DCA) was executed on February 5, 2010. Awards were made based on the DCA two year contract period. DCA is initiating Subgrant Agreement Modifications for an additional year to allow local government's time to substantially complete projects. Mrs. Butler stated DCA requires the City to do this to put them in sync with all the grant agreements throughout the State. At the meeting of July 7, 2011, the City Commission approved to extend the contract date to February 4, 2012. At the September 6, 2011 City Commission approved to extend the contract ending date to February 4, 2013. This modification will extend the contract ending date to August 15, 2013. For the record, Mrs. Butler stated under their agreement they were required to acquire and dispose of 18 units and staff expects by the August deadline that they will have bought and sold 25 units. Mrs. Gray moved to approve Modification No. 3 to the Neighborhood Stabilization Program -1 (NSP -1) Program Grant Agreement to extend the contract ending date to August 15, 2013, seconded Mr. Frankel. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor Carney — Yes; Ms. Morrison — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote. 10. PUBLIC HEARINGS: A. None 12. FIRST READINGS: 12.A. ORDINANCE NO. 01 -13: Consider calling for a referendum on proposed revisions to the Charter of the City of Delray Beach to amend Section 3.12, "Procedure" to provide that the requirement for a roll call vote be removed from the Charter and that the voting procedure shall be set forth in the rules of the Commission and that the votes need not be in the affirmative but there still must be three concurring votes on an item; providing for a referendum on March 12, 2013. If passed, a public hearing will be held on February 5, 2013. The caption of Ordinance No. 01 -13 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR CHARTER REVISIONS BY AMENDING SECTION 3.12, "PROCEDURE "; TO PROVIDE THAT THE REQUIREMENT FOR A ROLL CALL VOTE BE REMOVED FROM THE CHARTER AND THAT THE VOTING PROCEDURE SHALL BE SET FORTH IN THE RULES OF THE COMMISSION AND THAT THE VOTES NEED NOT BE IN THE AFFIRMATIVE BUT THERE STILL MUST BE THREE 20 01/15/13 CONCURRING VOTES ON AN ITEM; PROVIDING FOR A REFERENDUM ON MARCH 12, 2013, PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (The official copy of Ordinance No. 01 -13 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance and stated this was discussed at the Workshop meeting where the Commission gave direction to staff to draft an ordinance that modifies the City Charter to allow the Commission to address the voting procedures in their rules of procedure and not as currently required from the Charter that says it must be by roll call. The City Attorney stated he also modified the word "affirmative" to "concurring" that there would still be three (3) votes needed on any item. In his opinion, the City Attorney stated this does not change the Charter requirement that you must have a minimum of three (3) votes voting the same way and it could be either in the negative or the affirmative. Mrs. Gray stated there is a little confusion currently whether the Commission is voting in the affirmative or not and this piece she would like to see stay the same. The City Attorney stated he can remove that before second reading if the Commission wants to make everything in the affirmative but if the language is left in there then that may affect what the Commission can do in their local rules. Mr. Jacquet stated changing from "affirmative" to "concurring" he agrees with because he feels the Commission is confused with the way things are now. He stated by changing the word "affirmative" to "concurring" now you can actually make a motion to deny instead of saying "move to approve" then you have to vote "no ". Mr. Jacquet stated this is actually clarifying that. Mr. Jacquet stated he understands the first part allows them to move quicker on certain items but he expressed concern regarding the appearance of impropriety. Mr. Carney stated it provides that any Commissioner can call for a roll call. Mr. Jacquet stated the way the Charter is currently written makes the Commission accountable for their decisions. Mr. Jacquet stated the Commission has to be mindful of everything the City does and the public wants to make sure it is as transparent as possible. Mr. Jacquet stated although he agrees with the intent of this change to move quicker through the agenda items but has a little hesitation because when you have to say "yes" or "no" you are accountable to the public being more assured that you are making a decision and they know what decision you are making. Mr. Jacquet stated the second part he agrees 100% because it makes it easier to make a motion in the affirmative or the negative. Mayor Carney stated this belongs in the Local Rules and if the Commission decides down the road to change that in the Local Rules that is fine otherwise anytime the Commission wants to make a change on any item they have to go to the Charter and bring it to the voters. He expressed concern that this is exhausting for 21 01/15/13 the voters, the City Attorney, and the Commission. Mr. Carney stated we have to identify who the votes are so everyone will know who votes in favor and who votes against. Ms. Morrison briefly discussed the voting procedure and stated having been in the audience for the last several years she believes this way it makes it more transparent because everyone will be voting at the same time. Mr. Frankel moved to approve Ordinance No. 01 -13 on FIRST Reading, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor Carney — Yes; Ms. Morrison — Yes; Mr. Jacquet — No; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion passed with a 4 to 1 vote, Commissioner Jacquet dissenting. 13. COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS. 13.A. City Manager Douglas E. Smith, Interim City Manager, congratulated and welcomed the newly appointed City Manager Louie Chapman. Secondly, Mr. Smith stated the Downtown Development Authority (DDA) has approved the Memorandum of Understanding (MOU) to come under the County Ethics Commission ordinance. Lastly, Mr. Smith stated Margie Walden, serves on the Palm Beach County Sports Commission and Executive Vice President for the Alliance of Delray has been working on coordination for the Sports group discussion and he will get in touch with Mr. George Linley, Executive Director of the Palm Beach County Sports Commission, to discuss that with them. Mr. Smith stated when they have their proposal ready staff will bring it back to the Commission for their consideration. 13.B. City Attorney The City Attorney stated the City has received a couple of Letters of Intent on the Old School Square retail space and staff is working through on developing contracts. He stated he is hoping to have those two contracts before the Commission on February 5, 2013; however, he is not sure because of certain advertising requirements. 13.C. City Commission 13.C.1. Ms. Morrison Ms. Morrison commented about how the Commission is going to move forward with its anti - violence efforts. She stated the walk on Saturday was great and noted there was a lot of community unity. Ms. Morrison asked if there will be a task force formed made up of police, citizens, and staff assigned to work on the City's anti- violence efforts. 22 01/15/13 Secondly, Ms. Morrison asked if there is going to be a Town Hall meeting this year. Mr. Smith stated last year the Commission approved for staff to not proceed with that format. However, Mr. Smith stated staff has something to bring to the Commission at the February 12, 2013 Workshop meeting that has been in the works for a while which involves more staff going out to associations and groups taking the information to them. 13.C.2. Mr. Jacquet Mr. Jacquet stated Rita Thrasher is in charge of an organization called "Breaking the Silence" (mental health issues, etc.) and she has been trying to organize here in bringing people together such as law enforcement, educators, and community leaders to have a conversation about violence in the community. Secondly, Mr. Jacquet stated with regard to comments expressed by Carol Anderson about the sidewalks downtown he noted there is good police presence downtown. Also, Mr. Jacquet commented about Mr. Humanik's comments and stated he would like staff to look at what other municipalities are doing regarding allowing comments on certain agenda items. 13.C.3. Mr. Frankel Mr. Frankel stated he had the pleasure of welcoming Chef Emeril Lagasse to Delray Beach today who taped two episodes for an upcoming show on Delray and he was very complimentary about Delray Beach. Mr. Frankel stated the show will air in March. 13.C.4. Mrs. Gray Mrs. Gray welcomed Louie Chapman to the City of Delray Beach where people can live, work, play, and raise their family. She stated Mr. Chapman will be great for the city. Secondly, Mrs. Gray stated she spoke to Mr. Smith about the City's public relations and feels for the last couple of years Delray Beach is relying on other magazines or sources to tell their versions of what we are doing. She stated although we have a website it is very limited to our story and would like to revisit this again. Mrs. Gray stated the MLK Breakfast is Monday, January 21, 2013 at the Spady Museum and urged everyone to purchase their tickets. Lastly, Mrs. Gray stated she attended the "Mothers Against Violence" March and Rally and it was a great turnout. She thanked everyone who participated. 23 01/15/13 13.C.5. Mayor Carney Mayor Carney stated he would like to study the issue about public comments on "agendaed" items and see if this is something we want to study in our local rules. Mr. Frankel pointed out that Mayor Carney may want to consider moving up the meeting versus having the meeting at 6:00 p.m. Secondly, Mayor Carney stated the Commission did away with the Town Hall meeting last year due to budget issues and there were also some concerns about lack of participation by the citizens. However, Mayor Carney suggested that the City now have two Town Hall meetings; one in April and one in October. Mayor Carney suggested that staff look into placing the newsletter back in with the water bills and staff can provide all kinds of information to their including how citizens can be more interactive with the City. Lastly, Mayor Carney suggested that Commission re- address the Downtown Master flan for discussion at a Workshop meeting. There being no further business, Mayor Carney declared the meeting adjourned at 8:34 p.m. ATTEST: City Clerk The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on January 15, 2013 which Minutes were formally approved and adopted by the City Commission on February 19, 2013. City Clerk 24 01/15/13 NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above. 25 01/15/13 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUESTS TO REDUCE THE BUILDING FRONTAGE SETBACKS FOR BELUGA RESTAURANT AND WINE BAR LOCATED AT THE NORTHWEST CORNER OF SE 2Nd AVENUE AND SE 1ST STREET 1. These waiver requests to reduce the building frontage setbacks for Beluga Restaurant and Wine Bard located at the northwest corner of SE 2nd Avenue and SE 1St Street came before the City Commission on January 15, 2013. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver requests to reduce the building frontage setbacks for Beluga Restaurant and Wine Bar. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. WAIVER: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. A. Waiver Requests: 1. Waiver #1: A waiver to LDR Section 4.4.13(F)(4)(c)(1), Lower Levels — Ground floor to 25: A minimum of 70% and a maximum of 90% of the building frontage shall be set back no greater than 10' from the property line. The remaining length of the building shall be set back a minimum of 15' -0" from the property line. City Commission Meeting on January 15, 2013; Item 1 0.A. The applicant has provided the following justification statement regarding the waiver request: "We request relief of the 15-0 minimum setback requirement to 14' -2" minimum setback for a length of 15' -10" along SE 2nd Avenue. This request is made because the existing structure is non - conforming to current LDR's. However, the current design brings the existing non- conforming structure closer in conformance to the current LDR's by providing better relief versus the existing non - conforming structure. We believe the intent of the code is still maintained and therefor justification to grant the waiver." Does waiver request #1 meet all the requirements of 2.4.7(B)(5)? Yes ✓ No 2. Waiver #2; A waiver to LDR Section 4.4.13 (F)(4)(c)(1), Lower Levels- Ground floor to 25': A minimum of 70% and a maximum of 90% of the building frontage shall be set back no greater than 10' from the property line. The remaining length of the building shall be set back a minimum of 15' -0" from the property line. For a height of 0' to 25' along SE 1St Street, the waiver request is to reduce the building frontage set back at 10' from the required 84' (120' of lot frontage x 70% =84') to the proposed 53'. The applicant has provided the following justification statement regarding the waiver request: "We request to this setback requirement (SE 1s' St.) to 45% because the calculated frontage is 120' -1 ", with 70% being 84' -0" and 90% being 108% 0". However, the existing non - conforming structure has a length of only 45-1 ". The current proposed design increases the length to 62' -7" bringing the existing non - conforming structure closer in conformance to the current LDR's. Using the 62' -7" at 70% to 90% at 10' -0" maximum setback, the required length is 43' -9" to 56' -4" and the proposed design is within the requirements at 53' -6 ". Does waiver request #2 meet all the requirements of 2.4.7(B)(5)? Yes ✓ No 2 City Commission Meeting on January 15, 2013; Item 1 0.A. 3. Waiver #3: A waiver to LDR Section 4.4.13 (F)(4)(c)(2), Upper Levels- Above 25' to 48', at least 70% of the frontage shall be set back a minimum of 15' from the property line. The remaining length of the building shall comply with the minimum required setbacks. For a height of 25' to 48' along SE 1St Street, the waiver request is to reduce the building frontage set back at 15' from the required 84' (120' of lot frontage x 70% =84') to the proposed 66'. The applicant has provided the following justification statement regarding the waiver request; "We request relief of the 15' -0" minimum setback requirement for 70% of the frontage (SE 1St St.) in that we propose 55% (66' -6 ") of the frontage at 15' -0" minimum and 16% (18' -11 ") of the frontage at 8' -0" minimum. This request is made because the existing structure is non - conforming to current LDR's. However, the current design brings the existing non- conforming structure closer in conformance to the current LDR's by providing better relief versus the existing non - conforming structure. Does waiver request #3 meet all the requirements of 2.4.7(6)(5)? Yes ✓ No 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves ✓ denies the waiver requests to LDR Section 4.4.13(F)(4)(c)(1) and (2). 3 City Commission Meeting on January 15, 2013; Item 1 0.A. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 15th day of January, 2013, by a vote of 5 in favor and 0 opposed. Thomas F. Carney, Jr., Mayor ATTEST: Chevelle Nubin, City Clerk C! City Commission Meeting on January 15, 2013; Item 1 0.A. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST FOR LINTCO DEVELOPMENT 1. These waiver requests came before the City Commission on January 15, 2013. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request for Lintco Development at the northwest corner of Linton Boulevard and SW 4th Avenue. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. WAIVERS: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. A. Waiver to LDR Section 4.6.9(D)(3)(c)(1) Pursuant to LDR Section 4.6.9(D)(3)(c)(1), 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'). The applicant is asking for a waiver to reduce the stacking distance to twenty -eight feet nine inches (28'9 ") at the northern most entrance on SW 4th Avenue. Should the waiver to Section 4.6.9(D)(3)(c)(1) be granted? Yes No ✓ 1 City Commission Meeting on January 15, 2013; Item 10.B. 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves denies ✓ the waiver request. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 15th day of January 2013, by a vote of 3 in favor and 2 opposed. ATTEST: Thomas F. Carney, Jr. Mayor Chevelle Nubin, City Clerk 2 City Commission Meeting on January 15, 2013; Item 10.B. 2013. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST FOR DOWNTOWN BOWLING AT 45 NE 2n, AVENUE 1. These waiver requests came before the City Commission on January 15, 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request for Downtown Bowling at 45 NE 2nd Avenue. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. WAIVERS: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. A. Waiver to LDR Section 4.6.18 (B)(14)(iv)(2) Pursuant to LDR Section 4.6.18 (B)(14)(iv)(2), the minimum transparency or glass surface area on the ground floor of all non - residential buildings shall be a minimum of 75% of the wall area for that elevation. The applicant is asking for a waiver to reduce the minimum transparency or glass surface area on the ground floor along NE 2nd Avenue to 7.28°/x. Should the waiver to Section 4.6.18 (B)(14)(iv)(2) be granted? Yes ✓ No 1 City Commission Meeting on January 15, 2013; Item 10.C. 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves ✓ denies the waiver request. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 15th day of January 2013, by a vote of 5 in favor and 0 opposed. ATTEST: Chevelle Nubin, City Clerk 2 Thomas F. Carney, Jr., Mayor City Commission Meeting on January 15, 2013; Item 10.C. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST FROM THE SPODAK DENTAL GROUP RELATING TO THE SURETY BOND REQUIREMENTS FOR THE SPODAK DENTAL GROUP FACILITY LOCATED ON THE NORTH SIDE OF WEST ATLANTIC AVENUE, WEST OF HOMEWOOD BOULEVARD AND IMMEDIATELY WEST OF THE DELRAY GARDEN CENTER 1. This waiver request to waive the surety requirements for the Spodak Dental Group came before the City Commission on January 15, 2013. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request for the surety bond requirements. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. WAIVER: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. A. Waiver to the Surety Bond Requirements for Construction of Required Improvements to Service Land Development Projects: LDR Section 2.4.10(A) requires that a surety bond or other equivalent security instrument be provided for all site improvements to guarantee their installation and proper function. The waiver would waive the requirement for a surety bond for 110% of site improvements but still require a bond of 110% of the value for water and sewer infrastructure Does the waiver request meet all the requirements of 2.4.7(B)(5)? Yes ✓ No City Commission Meeting on January 15, 2013; Item 10.D. 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves ✓ denies the waiver requests to LDR Section 2.4.10(A) pursuant to the condition that no Certificate of Occupancy be issued in any form for the facility prior to the completion and certification of all required site improvements. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 15th day of January, 2013, by a vote of 5 in favor and 0 opposed. Thomas F. Carney, Jr., Mayor ATTEST: Chevelle Nubin, City Clerk 2 City Commission Meeting on January 15, 2013; Item 10.D. WHEREAS, in the United States as many as 10 million females and one million males struggle with the devastating effects of anorexia and bulimia and another 25 million suffer from binge eating disorder; and WHEREAS, eating disorders are associated with serious physical health consequences, including irregular heartbeats, heart disease and heart failure, kidney failure, osteoporosis, gastric rupture, tooth decay, obesity, gall bladder disease, diabetes, and death; and WHEREAS, anorexia nervosa has the highest mortality rate of any mental illness; and WHEREAS, The Alliance for Eating Disorders Awareness is the premier eating disorders organization in West Palm Beach working to prevent eating disorders and promote a positive body image, free from weight preoccupation and size prejudice; and WHEREAS, The Alliance for Eating Disorders Awareness offers educational presentations, cutting -edge information, and referrals, training, advocacy, support and mentoring services free of charge to all citizens of Delray Beach; and WHEREAS, The Alliance for Eating Disorders Awareness has offered presentations on eating disorders, positive body image, and self - esteem to over 120,000 individuals throughout Palm Beach County; and WHEREAS, recovery from these disorders is possible, and individuals should not have to suffer or recover alone. NOW THEREFORE, I, THOMAS F. CARNEY, JR., Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim the week of February 24, 2013 March 2, 2013 as: EATING DISORDERS AWARENESS WEEK in Delray Beach, Florida and urge all residents to be aware, educate and help prevent this rapidly growing epidemic. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 191h day of February, 2013. THOMAS F. CARNEY, JR. MAYOR WHEREAS, in 1973 Susan Berkowitz - Schwartz MPS, ATR -BC, established All People's Day®, a multicultural and issue based program which recently became a 5016 nonprofit public charity that helps children, adults, and seniors see and embrace the beauty of their diversity through the arts and bring about awareness of the unique attributes in others leading to mutual respect; and WHEREAS, 2013 is the 40th Anniversary of All People's Day®, and WHEREAS, the theme is "Discovering our Connections" because throughout the world, and even in our own nation and schools, there have been tragic incidents against people who are different. All People's Day® addresses this by giving people of all ages and walks of life fun and creative ways to explore positive connections by means of educational programs and festivals that teach about diversity; and WHEREAS, by the year 2050 European Americans will no longer constitute the majority of the United States population and people from different cultures will be interacting with one another more often than ever before; and WHEREAS, the facets to a communal nature of the community are awareness, understanding, and acceptance. NOW THEREFORE, I, THOMAS F. CARNEY, JR., Mayor of the City of Delray Beach, Florida, on behalf of the Commission do hereby proclaim March 22, 2013 as: ALL PEOPLE'S DAY® in the City of Delray Beach and urge all residents to appreciate the universal qualities at our core and the differences that help make us individuals. The All People's Day Diversity Festival will be celebrated on March 16th at Pompey Park. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Delray Beach, Florida, to be affixed at Delray Beach, Florida, the 19th day of February, 2013. THOMAS F. CARNEY, JR. MAYOR MEMORANDUM TO: Mayor and City Commissioners FROM: Dot Bast, Training and Development Manager THROUGH: Douglas E. Smith, Interim City Manager DATE: February 14, 2013 SUBJECT: AGENDA ITEM 7.A. - REGULAR COMMISSION MEETING OF FEBRUARY 19, 2013 RESOLUTION NO. 13 -13 ITEM BEFORE COMMISSION Resolution honoring Richard Hasko for 21 years of service. BACKGROUND Richard Hasko, Director of Environmental Services, retired on February 1, 2013. He will be honored by the City Commission with a resolution for twenty -one years of dedicated full -time service. He achieved this milestone on January 13, 2013. RESOLUTION NO. 13 -13 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING RICHARD C. HASKO FOR TWENTY -ONE YEARS OF DEDICATED SERVICE TO THE CITY OF DELRAY BEACH. WHEREAS, Richard Hasko began his career with the City of Delray Beach on January 13, 1992 and on February 1, 2013, retired after 21 years of dedicated full-time service to the residents of Delray Beach; and WHEREAS, Richard was hired as a Civil Engineer and was soon promoted to Chief Design Engineer, Assistant City Engineer, Deputy Director of Public Utilities, and then Director of Environmental Service in 1997, where he has served with distinction and honor; and WHEREAS, Richard has always conducted himself with the utmost professionalism and integrity, and is well- respected by his staff, colleagues, City Commission and the community; and WHEREAS, Richard received numerous commendations for his many contributions to the City, including implementation and completion of projects under the 1989 Decade of Excellence Bond and the 2004 Parks, Recreation, and Cultural Bond, as well as his work on the Delray Beach Tennis Center, the implementation of the reclaimed water project, the design and construction of the Environmental Services Administration Building and his history of prompt responses to citizen requests; and WHEREAS, Richard has demonstrated significant expertise in his position because of his willingness to research and stay current on the developments in his field. He has ingeniously put the resources and tools available to him to maximum use, practicing excellent stewardship of the public funds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach hereby recognizes and commends Richard Hasko for twenty -one years of dedicated and faithful public service. Section 2. That the City Commission hereby congratulates and expresses sincere thanks and appreciation to Richard Hasko for his many years of service, and wishes him the best of health and happiness in his retirement. ATTEST: PASSED AND ADOPTED in regular session on this the 19th day of February 2013. CITY CLERK MAYOR PRESENTED TO: Richard Hasko As a token of our esteem and gratitude for your 21 years of outstanding contributions and distinguished service to The City of Delray Beach Environmental Services Department January 13, 1992 — February 1, 2013 MEMORANDUM TO: Mayor and City Commissioners FROM: Ronald Hoggard, AICP, Principal Planner Paul Dorling, AICP, Director Planning and Zoning THROUGH: Douglas E. Smith, Interim City Manager DATE: February 11, 2013 SUBJECT: AGENDA ITEM 8.A. - REGULAR COMMISSION MEETING OF FEBRUARY 19, 2013 FINAL SUBDIVISION PLAT APPROVAL/ EAST INDIES ITEM BEFORE COMMISSION The item before the City Commission is the certification of the final plat for a four -unit townhouse development being platted as East Indies. The subject property is located on the west side of Venetian Drive, 72 feet south of Ingraham Avenue (208 and 212 Venetian Drive). BACKGROUND The 0.35 acre subdivision is a replat of Lots 2 and 3, Block L, Replat of Blocks L, M & N, John B. Reid's Village, according to the Plat thereof recorded in Plat Book 23, Page 137, being in Section 16, Township 46 South, Range 43 East, City of Delray Beach, Palm Beach County, Florida. The property contains two duplex structures (four dwelling units) that were constructed in 1953. On April 26, 2006, the Site Plan Review and Appearance Board approved a Class V site plan request for the construction of a 4 -unit townhouse development. The project was never developed and the approval expired. At its meeting of January 9, 2013, the Site Plan Review and Appearance Board approved the Class V Site Plan, Landscape Plan and Architectural Elevations for the project. As a condition of approval, a plat for the subject property is to be recorded prior to the issuance of a building permit. The replat of the subject property will include four townhouse lots. A new 10' general utility easement and a 10' drainage easement, which will both be dedicated with the plat, are being provided along the front of the properties along Venetian Drive. New 10' drainage /access easements are being provided along the south and west sides of Lot 1, a portion of the west side of Lot 2, a portion of the west side of Lot 3 and the west and north sides of Lot 4. The purpose of the access easements is to provide exterior access to the rear yards of Lots 2 and 3. Plat Anal, City staff has reviewed the plat and determined that all technical comments have been satisfied. Pursuant to LDR Section 3.1.1, prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information in the application, the staff report, or minutes. Findings shall be made by the Board to approve or deny the development application. As shown in the attached Planning and Zoning Board staff report, positive findings can be made with respect to Future Land Use Map Consistency, Concurrency, Consistency with the Comprehensive Plan, and Compliance with the Land Development Regulations. REVIEW BY OTHERS The Planning and Zoning Board reviewed the Plat at its meeting of January 29, 2013, and recommended approval by a vote of 7 to 0. Courtesy Notices: Courtesy notices have been provided to the following groups and neighborhood associations: • Beach Property Owners Association • Neighborhood Advisory Council • Delray Citizen's Coalition • Seagate Towers Condo • Via Marina • Inner Circle Condo To date, no letters of objection or support for the Plat have been received. Any future letters of support or objection will be presented at the City Commission meeting. RECOMMENDATION Move approval for the East Indies Plat, by adopting the findings of fact and law contained in the staff report and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in Section 2.4.5(J) (Major Subdivisions), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and Section 3. 1.1 (Required Findings) of the Land Development Regulations. EA ST INDIES BEING A REPLA T L 0 T 2 AND 3, BL OCK L, REPLA T OF BL OCKS L, M & N JOHN B. REID'S VILLAGE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 23, PAGE 137, BEING IN SECTION 16, TOWNSHIP 46 SOUTH, RANGE 43 EAST, CITY OF DEL RAY BEACH, PALM BEACH COUNTY, FLORIDA JANUARY 2013 SHEET I OF 2 DEDICATION KNOW ALL MEN BY THESE PRESENTS THAT BEACHISDE CE— PAR M LLC A FLORDA LIMITED LIABILITY COMPANY, OWER OF THE LAND SHOWN HEREON ERNA A REPEAT OF LOTS 2 AND 3, MOSO L, REPEAT OF BLDCXS L & N JOAN B REDO VILLAGE, ACCO.'SWC TO THE PLAT THEREOF AS Rc'CCRDED IN PLAT BOOK 23, EASE 131. BEING N —XIAN M TOWNE/IF 46 SOUTH{ RANGE 43 EAST, PALM BEACH COUNTY, FEORIDS SHOW HEREON AS A PATTOD/ OF BECCK I OF JOHN B. REID'S VILLAOF, W THE CJTY OF DEL RAY BEACH PLAT CF WITCH IS RECORDED IN a A T BOOK 2{ PAGE 95, OF THE PLBUC RECORDS OF PALM BEADY COUNTY, FLORIDA, MATE PARTICULARLY DESCRIDED ASFOLLOWS CNDMCRCWG AT A POINT IN TICE EAST LINE OF SAID BLOCK I " 716 FEET SOP CF THE NORTHEAST CCRIIEP CF SAID BECCJC, THENCE SOUTHERLY ALONG THE EAST LINE OF SAID BL OCK A DISTANCE OF 66 ] FEET THENCE WESTERLY ALONG A LIME PARALLEL TO TAE NORTH LINE OF SAID BLOCK "L' A DISTANCE OF 115 FEET ; THENCE NLDEP,5MLY ALONG A LIME PARALLEL TO THE EAST LINE DF BEOCK "L' A INSTANCE 0` 66, ] FEET; THENCE EASTERLY ALONG A LINE PARALLEL TO THE NORTH LAE OF SAID BEOCK A DISTANCE OF 115 FEET TO THE PONT OF BEARING, SAID PROPERTY IS ALSO REFERRED TO AS LOT 2, BLOCK L, IN THAT CERTAM PEP_AT OF A PORTION OF JOHN B. R.ID'S VILLAGE WHIST PLAT IS RECORDED IN ICAT BOOK 23, PAGE 137 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY. P OPDA. TOGEOCEP WITH LOT 3, BLCCX L REPEAT OF BLC K L M AND N, CF JDMV B. RIDS VILLAGE, ACOTILLION TO THE PLAT THEREOF, AS RECORDED IN PLAT BOCK 23, PAGE 13] OF THE PUBLIC PECCRDS OF PALM aFACP COENTY, FLORIDA SAID PARCEL CONTA/NN/C 035 ACRE OR 15,340 SQUARE FEET MORE OR LESS. HAVE CAUSED THE SAM£ TO BE SA?VEYED AND R ATTEO AS SHAWN HEREON AND DO HEREBY DELICATE AS FOLLOWS LOTS 1, 2, 3 AND 4, ARE FEREBY PLATTED FOR PRIVATE PURPOSES AS ALLOWED PI.RSUANT TO THE P_ANUND AND ZPIING REGUAATIONS OF THE CITY CF DELRAY BEAHT ALL GENERAL ULSTTY (GL) EASEMENTS ARE MADE TO ANY LATMIC OR PRIVATE UTILITY, SUCH AS MIT NOT LASTED T0. STORM DRAINAGE PUBLIC UTILITY, ALL D4AINAGE EASEMENTS SHOW HEREON ARE DEDICATED TO THE EAST INGEST HOMEOWNERS APRELO TION. ITS SUCCESSORS AND /@2 ASSIGNS, AND ARE THE PERPETUAL MAINTENANCE OBLIGATION OF THE SAID HOMEOWNERS ASS BOAT.'DU, WTl -.fXT R£CIX4RSE TO THE CITY CF DELRAY BESST THE A,XDESS EASEMENTS AS SHOWN HEREON ARE FPR THE TRNEFIT CF LOTS 2 AND 3 THEIR SUCCESSORS AND ASSONS FOR THE DUPONT EXTERIOR ACCESS TO THE REAR LF SAD LOTS. WTH AT IOP)HUSE TO THE CITY OF DE RGY BRACH EEACHA D£ DEVELM AffM PARTNERS, LLC A LF RIDA LASTED LIABNJTY COMPANY WITNESS BY PRIM NAAti: THM 1 D. LAUDAM MANAGER PANT PMM NAME ACKNOWLEDGEMENT. STATE OF HIPM A COUNTY OF PALM BEACH BEFORE DE PERSONALLY APEARD) THOMAS D. LAIDJAM WHO IS IRRSLANALLY KNOW M AL UM HAS PRODUCED AS S IDEPAT/ON, AND WO EXECUTED THE FO.REGONG INSTRM FCT AS MANAGER OB BEACHSDE AFFAIR TO TLE FOREGOING INSTRUMENT /S THE COMP CO.WANY AND THAT IT WAS AFF/X£D TO I'D/NSTRU4 CGWANY AUTHORITY, AND THAT SAD INSTRUMENT IS M SAID COMPANY, WTNESS MY HAND AND —I SEAL TMS 2013 MY CUMAMS AAN EXCATELE NDTAIZY R'/ELIC NFl CCDMtiSSCN SO TITLE CERTIFICATION COUNTY OF PALM BEACH . A DU LICENSED ATTORNEY IN THE STATE OF FLORDA DESCRIBED PROPERTY,, THAT I END THE TITLE TO THE PROPERTY IS VESTED TO BESTORAF DEVELOPMENT PARTNERS LL C, A IS ORDA LNMTEO LIABILITY COWANY: THAT THERE ARE NO MORTGAGES OF RECOR? AND THAT THERE ARE ND FIUCLALRANC£S OF RECORD. DATE: ATTA ATTORNEY STATE MFLCRDA CITY APPROVAL. TMS PLAT OF EAST /NOTES" AS APPROVED ON THE DAY CF A.D. 2013 BY THE CITY (CLADS Y/ OF THE CITY OF DELRAY BEACH ATTEST MAYCN2 CITY CLERK' AW WYE AL TEq AM LEFiF.EO Br.. DIRECTOR OFKA— AND ZONING CLAIRP£RSCN! KA/w\ING AND ZONNG BOARD CITY RENDERS FIRE MARSHAL OEDR�r &� 0 , ", NU 5u�� ✓FrU,P \N PD/ SURVEYOR'S CERTIFICATE. TMS IS TO CERT/FY THAT THE PLAT SHOWN HEREON IS A TREE AND CORREC] REPTESENTATON' OF A S&VEY MADE VDER MY RESPONSEL E DIRECTICNV AND AND BELIEF,, THAT PERMANENT REFERENCE DKMIUAPOTS DR,M 5), PERMANENT CONTROL POINTS (P.CC 5 AND MCNADNTS HAVE BEEN PLACED AS ARMAREO BY LAW,, AND FUR HER OLD T THE S CVEY DATA CC.MPLIES WI ALL Rc"0ldPC"AffNTS OF CHAPTER 177. F MTBA STATUTES AS AMENDED. AND THE ANANANCE5 OF THE CITY OF DELRAY BEACH DATE PAIR D DICE SURVEYOR AND WRITE NST, 5]08 O'BDEN SISTER & O'LLARC, NC 955 NW. 17TH AVENCE, RATE K -1 DELRAY BEACH/, RIOLO , 33445 HPLECT/CATE OF AUBRALANAT/CSW 353 REVIEWING SURVEYOR'S STATEMENT. TMS IS TO CERT/FY THAT THE USA RIGGED R2LF£S9CNAL SURVEYOR AND MAPPER I,MEER CONTRACT WITH THE CITY OF DELRAY BEACH FLORDA HAS REV/EWEO PA PLAT M "EAST SEES" AS REOURED BY CHAPTER 177,081 (1). FLORDA STATUTES AND LAOS THAT IT C(N4'UES WTH ALL THE REOUa2EM 11 CHAPTER 1]], PART 4 2CN2/OA STATUTES OFl TE' DANES C LARK STATENO 5118 STATE CF FLORIDA FELLER WAVER AND THEREDETA INC. CEETESTATE OF AUTHOO'ZAT/ON I'LB 3449 NOTES LOT 3 BLOCK L. (DIAL BOOK 23 PAGE 13]) CADDO A BEARING GF NO°00'00'E NFUHF ITS PLAT, AS RECORDED IN ITS SATTANC FORM, IS THE CFF/CIAL DESCTION CF THE STAIDIVIDED LANDS DESC28ED HEREIN AND WILL IN NO LRLYhSTAOSSS BE SUPPLANTED IV AUTHORITY RY ANY 0— CYMRCC OP 901TAL FORM OF THE PLAT. THERE MAY BE ADDITIONAL RESTRICTIONS THAT BEACH, LF RIDA 33445 (561) 276 -4501 PE ADNT TEEFRENCc' AA'M M5 ARE —WN THJS:O THERE SMALL BE NO EALDNGS CR ANY MNJ I —YEACTCN 14— LN WATER SEWER ONT ORALSAGE EAS£M 3 SO STROCTULES SHALL BE PLACED W/TFdN A HORIZCWTAL DISTANCE OF X/ FEET FROM ANY EXISTING GR PROPOSED CITY OF DELRAY BEACH MAINTAINED WATER, SEWER OR DRAINAGE FACIIJTES CONS RLCT /ENV OR LAND RON UPGV MANDE ANCE OR MAINTENANCE ACCESS EATLEDENTS MJST ES IN CCNIFOWgAN'L£ WTH ALL BUCDON AND ZCN4VG LCOES 111/1 CROW ABSI OF THE CITY CF ILII DEAGEI. THERE SMALL BE NO TREES I SHRLES PLACED - PTLITY EA—T1 WCS' ARE PROVIDED FOR WATER AND SEWER USE OR UPON DRAINAGE EASEMENTS. LANDSCAPING CN ANY OTHER UTILITY EASEA H,TS SHALL EE ALLOWED ONLY AFTER LY:NSE/VT OF ALL UTILITY COMPAIMES 0CC CAN S EA S T INDIES BEING A REPLAT LOTS 2 AND 3, BLOCK L, REPLAT OF BLOCKS L, M & N JOHN B. REID'S VILLAGE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 23, PAGE 137, BEING IN SECTION 16, TOWNSHIP 46 SOUTH, RANGE 43 EAST, CITY OF DEL RAY BEACH, PALM BEACH COUNTY, FLORIDA JANUARY 2013 SHEET 2 OF 2 LOT 6, BLOCK L r AT aoIT za PAS a� 2m� V� LOT 2 LOT 3 n.�AC� cArti 2567 �A21.67' 133.40' N.o cow( jiVENETIAN DRIVE (6Q —11 war— IAT — 11 PACT, LOT 7 BLOCK L (PL AT � 23. IAA 1 3803' NO°00'�"E — 7 3603' NO°CO'00' SCALE 7" — 20' LOT 4 d� R o , EPL�nE = '(l'T„ q�T ENC£ (MVE55 S/ATEO OTH_RbNSFLg353) LOT 1 11 C ZIT a °oo wm wo wPi m °o m 4'- C 12 Z 1 L LOT 6, BLOCK L r AT aoIT za PAS a� 2m� V� LOT 2 LOT 3 n.�AC� cArti 2567 �A21.67' 133.40' N.o cow( jiVENETIAN DRIVE (6Q —11 war— IAT — 11 PACT, LOT 7 BLOCK L (PL AT � 23. IAA 1 3803' NO°00'�"E — 7 SCALE 7" — 20' LOT 4 0' 20' 40' 60' , EPL�nE = '(l'T„ q�T ENC£ (MVE55 S/ATEO OTH_RbNSFLg353) 11 C ZIT a °oo wm IT, a� 2 �V 4'- C — 7 SCALE 7" — 20' 0' 20' 40' 60' , EPL�nE = '(l'T„ q�T ENC£ (MVE55 S/ATEO OTH_RbNSFLg353) 11 C ZIT a IT, a� 2 C 12 Z 1 11 21 A T L A N T I C A V E N U E w O L A bi Q Q Q Q a � z z J W O Q O J O L J D! Q m a- 0 _ � Q Q � MIRAMAR DRIVE Q Qf Q 7T7 J U Of LL O —� U cn w g w --j CD Q CD O � m COCONUT ROW z INGRAHAM AVENUE Q W OCEAN TERR. U OCEAN O 0 Q -LLJ -[777L ST. z a F U W z Lu Q > BAY STREET F— LANCER WAY -- SUBJECT EAST INDIES PROPERTY DIGITAL BASE MAP SYSTEM -- MAP REF: S: \Planning & Zoning \DBMS \File– Cab \Z –LM 1001 - 1500 \LM1372_East Indies s —� PLANNING AND ZONING DEPARTMENT 0 LOCATION MAP aJ �1 I T y ir ~ I' 1. I k-'aII 1' :.e _ — Bossss## 1. I k-'aII r3 ® 4 ■ ■ � 8 � ® D 3 e� J , Cr 1 rl /1 @A 11 11. 11 I, rl If II .I iluuoe alnrr arnAnun - f _ _ I Sl IL ,, .I �1 11 11 II II el Il le i e uul,nwnunnun i uwlruwnnunun � _ — AN�a� oil I k-'aII i . �! i' , Cr 1 rl /1 @A 11 11. 11 I, rl If II .I iluuoe alnrr arnAnun - f `� (I Sl IL i e uul,nwnunnun i uwlruwnnunun � !!!!.'! O V PLANNING AND ZONING BOARD CITY OF DELRAY BEACH MEETING DATE: January 29, 2013 AGENDA ITEM IV. A. -- -STAFF REPORT - -- ITEM: EAST INDIES PLAT — A final subdivision plat associated with the construction of a 4 -unit townhouse development The property is located on the west side of Venetian Drive, 72 feet south of Ingraham Avenue (208 and 212 Venetian Drive). GENERAL DATA: Agent....................... Applicant ...................... Owner ...................... Location ........................ Property Size ................. Elizabeth Cutaia, Seaside Builders Seaside Builders Beachside Development Partners, LLC and 212 Venetian, LLC West Side of Venetian Drive, south of Ingraham Avenue (208 & 212 Venetian Drive) 0.35 Acres Future Land Use Map.... Medium Density Residential 6 -12 du /ac (MD) Current Zoning ............... RM (Medium Density Residential) Adjacent Zoning North: RM (Medium Density Residential) South: RM (Medium Density Residential) East: RM (Medium Density Residential) West: RM (Medium Density Residential) Existing Land Use.......... Two Duplex structures (4 units) Proposed Land Use....... 4 -unit townhouse Water Service ................ Available via a service lateral connection to the existing 8" water main located within the Venetian Drive right -of -way. Sewer Service ................ Available via a service lateral connection to the existing 10" sewer main located within the Venetian Drive right -of -way. LOP I� I■ ■ I,MMETWINE v • _ ■UNN ■1111111 ■ill - �� ITEM BEFORE THE BOARD The item before the Board is that of approval of a preliminary plat and certification of a final plat for a new 4 -unit townhouse development to be platted as East Indies. The subject property is located on the west side of Venetian Drive, 72 feet south of Ingraham Avenue (208 and 212 Venetian Drive). This plat is being processed pursuant to LDR Section 2.4.5(J), Major Subdivisions. BACKGROUND The 0.35 acre subdivision is a replat of Lots 2 and 3, Block L, Replat of Blocks L, M & N, John B. Reid's Village, according to the Plat thereof recorded in Plat Book 23, Page 137, being in Section 16, Township 46 South, Range 43 East, City of Delray Beach, Palm Beach County, Florida. The property contains two duplex structures (four dwelling units) that were constructed in 1953. On April 26, 2006, the Site Plan Review and Appearance Board approved a Class V site plan request for the construction of a 4 -unit townhouse development. The project was never developed and the approval expired. At its meeting of January 9, 2013, the Site Plan Review and Appearance Board approved the Class V Site Plan, Landscape Plan and Architectural Elevations for the project. As a condition of approval, a plat for the subject property is to be recorded prior to the issuance of a building permit. PLAT DESCRIPTION The proposed development consists of 4 three -story townhouse units with two -car garages fronting of Venetian Drive and swimming pools in the rear yards. The replat of the subject property will include four townhouse lots. A new 10' general utility easement and a 10' drainage easement, which will both be dedicated with the plat, are being provided along the front of the properties along Venetian Drive. New 10' drainage /access easements are being provided along the south and west sides of Lot 1, a portion of the west side of Lot 2, a portion of the west side of Lot 3 and the west and north sides of Lot 4. The purpose of the access easements is to provide exterior access to the rear yards of Lots 2 and 3. PLAT ANALYSIS Pursuant to Section 3.1.1 of the Land Development Regulations, prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information in the application, the staff report, or minutes. Findings shall be made by the Board to approve or deny the development application. These findings relate to Future Land Use Map, Concurrency and Consistency with the Comprehensive Plan, and Compliance with the Land Development Regulations. Section 3.1.1 (A) - Future Land Use Map: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. P &Z Board Staff Report, Meeting of January 29, 2013: East Indies Plat Page 2 The subject property has a Future Land Use Map designation of MD (Medium Density 5 -12 du /ac) and is currently zoned RM (Medium Density Residential). The RM zone district is consistent with the MD Future Land Use Map designation, and the proposed multiple family (townhouse) development is allowed as a permitted use in the RM zone district [ref. LDR Section 4.4.6(B)(3)]. Based upon the above, it is appropriate to make a positive finding with respect to consistency with the Future Land Use Map. Section 3.1.1 (B) — Concurrency: Pursuant to Section 3.1.1(B) Concurrency as defined pursuant to Objective B -2 of the Future Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and /or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Water and Sewer: ❑ The property is currently served by an 8" water main along Venetian Drive. ❑ Adequate fire suppression will be provided via existing fire hydrants and the installation of an additional fire hydrant. This was attached as a site plan technical item. ❑ Sewer service will be provided via service lateral connection to an existing 10" sewer main along Venetian Drive. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build -out. Based upon the above, positive findings can be made with respect to this level of service standard. Drainage: Drainage is to be accommodated via sheet flow to catch basins that drain to an exfiltration system. The exfiltration system contains a stub -out for roof drainage. There are no problems anticipated in complying with SFWMD requirements and thus, obtaining a surface storm water permit. Streets and Traffic: The 4 -unit townhouse development will generate 28 average daily trips with 4 peak p.m. vehicle trips onto the surrounding roadway network. Since the existing 4 duplex units have the same traffic generation rate, there are no new net trips generate by this development. Based upon the above, a positive finding can be made with respect to traffic concurrency. Parks and Recreation Facilities: The proposed units will not have a significant impact with respect to level of service standards for parks and recreation facilities. However, pursuant to LDR Section 5.3.2, whenever a development is proposed upon land which is not designated for park purposes in the Comprehensive Plan, an in -lieu fee of $500.00 per dwelling unit will be collected prior to issuance of building permits for each unit. Since the existing duplexes were constructed prior to February 23, 1982, no credit shall be issued and a $500 park impact fee will be required for each unit. Thus, an in -lieu fee of $2,000.00 will be required of this development. P &Z Board Staff Report, Meeting of January 29, 2013: East Indies Plat Page 3 Solid Waste: Since there are 4 duplex units on the property, there is no net increase in trash generation with the proposed development. School Concurrence: The proposed development is subject to the Palm Beach County School Concurrency. Concurrency approval has been granted from the School District. Section 3.1.1 (C) - Consistency: Pursuant to Section 3.2.1 (Basis for Determining Consistency), the performance standards set forth in Section 3.2.3 (Standards for Site Plan and /or Plat Actions) shall be the basis upon which a finding of overall consistency is to be made. As described in Appendix "A ", a positive finding for consistency can be made as it relates to Standards for Plat Actions. Section 3.1.1 (D) - Compliance with the Land Development Regulations: • LDR Section 5.3.1(A) (Plat Required): A plat is required for the project, and was included as a condition of site plan approval. The property will be divided into four townhouse lots. • LDR Section 4.3.4(K) (Development Standards Matrix): The following table indicates that the proposal complies with LDR Section 4.3.4(K) as it pertains to the Medium Density Residential (RM) zone district: Requirement Standard Provided Maximum Building Height 35' 35' Minimum Building Setbacks Front (1S & 2 na story) 25' 25' Front (3r story) 30' 30' Side Interior (north — 1s'& 2 na Story) 15' 15' Side Interior (north — 3 ra Story) 30' 30' Side Interior (south — 1S & 2 na Story) 15' 15' Side Interior (south — 3 ra Story) 30' 30' Rear 25' 25' Minimum Floor Area Three Bedroom Unit "A" 1,250 sq. ft. 2,900 sq. ft. Four Bedroom Unit "B" 1,500 sq. ft. 3,090 sq. ft. Maximum Lot Coverage 40% 37.8% Minimum Open Space 25% 30.6% • LDR Section 5.3.1(Right -of -Way Dedication): No additional right -of -way dedication is required for Venetian Drive. P &Z Board Staff Report, Meeting of January 29, 2013: East Indies Plat Page 4 • Sidewalk: Pursuant to LDR Section 6.1.3(B)(1), a 5' -wide sidewalk is required along the west side of Venetian Drive. The approved site plan complies with this requirement since a 5 -foot wide sidewalk is proposed and noted on the site plan. A complete review of the proposed site plan for compliance with the Land Development Regulations was included as part of the Site Plan Review process. Comprehensive Plan Policies: A review of the objectives and policies of the Comprehensive Plan was conducted with Site Plan approval and all applicable objectives or policies along with a discussion on how they were addressed is attached as Appendix "C ". TECHNICAL ITEMS Technical comments from the Planning and Zoning and the Environmental Services Departments are attached as Appendix "B ", and must be addressed prior to scheduling of the plat for City Commission. While there are remaining comments, they are minor in nature and will not impact the general plat diagram. REVIEW BY OTHERS The subject property is not located within a geographical area requiring review by the CRA (Community Redevelopment Agency) of the DDA (Downtown Development Authority). Courtesy Notices: Courtesy notices have been provided to the following groups and neighborhood associations: • Beach Property Owners Association • Neighborhood Advisory Council • Delray Citizen's Coalition • Seagate Towers Condo • Via Marina • Inner Circle Condo Letters of objection or support, if any, will be presented at the Planning and Zoning Board meeting. ASSESSMENT AND CONCLUSION The proposed plat is consistent with the Zoning and Future Land Use Map designation for the subject property. Positive findings can be made with respect to LDR Section 2.4.5(J) (Major Subdivisions), LDR Section 3.1.1 (Required Findings for Land Use and Land Development Applications), Section 3.2.3 (Standards for Site Plan and /or Plat Actions) and the Goals, Objectives and Policies of the Comprehensive Plan. The plat will require minor technical modifications, as listed in "Appendix "B" - Technical Items" section of this report, before it can advance to the City Commission. P &Z Board Staff Report, Meeting of January 29, 2013: East Indies Plat Page 5 ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission of the Preliminary Plat and certification of the Final Plat for the East Indies, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(J) (Major Subdivisions), Section 3.2.3 (Standards for Site Plan and /or Plat Actions) and Section 3.1.1 (Required Findings for Land Use and Land Development Applications) of the Land Development Regulations, subject to conditions. C. Approve the preliminary plat, and require submittal of a final plat to be processed separately. D. Deny the preliminary plat and final plat with basis stated. STAFF RECOMMENDATION Move a recommendation of approval to the City Commission of the Preliminary Plat and certification of the Final Plat for the East Indies, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(J) (Major Subdivisions), Section 3.2.3 (Standards for Site Plan and /or Plat Actions) and Section 3.1.1 (Required Findings for Land Use and Land Development Applications) of the Land Development Regulations, subject to the following condition: 1. That all comments under the "Technical Items" section (Appendix "B ") of the report be addressed prior to scheduling the plat for City Commission action. Attachments: • Appendix A • Appendix B • Appendix C • Location Map • Reduced Plat P &Z Board Staff Report, Meeting of January 29, 2013: East Indies Plat Paqe 6 APPENDIX - A STANDARDS FOR PLAT ACTIONS A. Building design, landscaping, and lighting (glare) shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. Not applicable Meets intent of standard Does not meet intent X B. Separation of different forms of transportation shall be encouraged. This includes pedestrians, bicyclists, and vehicles in a manner consistent with policies found under Objectives D -1 and D -2 of the Transportation Element. Not applicable X Meets intent of standard Does not meet intent C. Open space enhancements as described in Policies found under Objective B -1 of the Open Space and Recreation Element are appropriately addressed. Not applicable X Meets intent of standard Does not meet intent D. The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood. If it is determined that the widening or modification will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted. Not applicable X Meets intent of standard Does not meet intent E. Development of vacant land which is zoned for residential purposes shall be planned in a manner which is consistent with adjacent development regardless of zoning designations. Not applicable X Meets intent of standard Does not meet intent P &Z Board Staff Report, Meeting of January 29, 2013: East Indies Plat Paqe 7 F. Vacant property shall be developed in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. Not applicable X Meets intent of standard Does not meet intent G. Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in the Housing Element. This shall be accomplished through the implementation of policies under Objective B -2 of the Housing Element. Not applicable Meets intent of standard X Does not meet intent H. The City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Not applicable Meets intent of standard X Does not meet intent I. Development shall not be approved if traffic associated with such development would create a new high accident location, or exacerbate an existing situation causing it to become a high accident location, without such development taking actions to remedy the accident situation. Not applicable Meets intent of standard X Does not meet intent J. Tot lots and recreational areas, serving children from toddler to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. Not applicable X Meets intent of standard Does not meet intent P &Z Board Staff Report, Meeting of January 29, 2013: East Indies Plat Paqe 8 APPENDIX - B TECHNICAL COMMENTS The following comments must be addressed prior to scheduling the plat for City Commission: Plat Comments: The Composite Utility Plan needs to be signed by a representative of each utility provider attesting to the fact that services 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. Provide a digital copy of plat to be recorded in AutoCAD dwg or dxf format to the City of Delray Beach Engineering Division prior to issuance of a permit from the Building Department. P &Z Board Staff Report, Meeting of January 29, 2013: East Indies Plat Paqe 9 APPENDIX - C COMPREHENSIVE PLAN POLICIES Future Land Use Element Objective A -1: Property shall be developed or redeveloped, in a manner so that the future use, intensity and density are appropriate in terms of soil, topographic, and other applicable physical considerations; encourage affordable goods and services; are complementary to and compatible with adjacent land uses; and fulfill remaining land use needs. The existing use of the property is two duplex structures. The uses surrounding the property are multiple - family to the north, south, east and west. In terms of intensity, there will be no further impact on the neighborhood or municipal services. There are no special physical or environmental characteristics of the land that would be negatively impacted by the proposed multiple family development. Housing Policy A -11.3: In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. The development proposal involves of the demolition of the four existing dwelling units (two duplex structures) and construction of four townhouse units. In terms of the compatibility, the proposed redevelopment will not increase the impact on the surrounding neighborhood. Open Space and Recreation Element Policy A -3.1: Tot lots and recreational areas, serving children from toddlers to teens, shall be a feature of all new housing developments as part of design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. The City may require a monetary contribution in -lieu of the provision of on -site facilities where appropriate. As there are only 4- units, it is not practical to require a common tot lot or recreation areas /swimming pools. The site plan indicates that all four units will have private swimming pools. MEMORANDUM TO: Mayor and City Commissioners FROM: Ronald Hoggard, AICP, Principal Planner Paul Dorling, AICP, Director Planning and Zoning THROUGH: Douglas E. Smith, Interim City Manager DATE: February 12, 2013 SUBJECT: AGENDA ITEM 8.B. - REGULAR COMMISSION MEETING OF FEBRUARY 19, 2013 FINAL SUBDIVISION PLAT APPROVAL / MAISON DELRAY ITEM BEFORE COMMISSION The item before the City Commission is the certification of the final plat for a four -lot single - family subdivision being platted as Maison Delray. The subject property is located at the intersection of Grove Way, NW 3rd Avenue and NW 12th Avenue. BACKGROUND The 1.78 acre subdivision is a replat of 6 Lots and portions of abandoned alley and road rights -of -way within two platted subdivisions recorded in the public records of Palm Beach County, Florida —The Grove (Plat Book 20, Page 92) and Ida Lake Terrace (Plat Book 22, Page 39). The subject property, at 202 Grove Way, is located within the Lake Ida Neighborhood Overlay District. The property is zoned Single Family Residential (R -1 -AA) and contains a 4,523 square foot one -story single family residence constructed in 1962. The replat of the subject property will allow for a total of 4 single - family homes. An existing home on Lot 2 will remain, and three new homes will be constructed. Water and sewer service is available within the adjacent roadways. Other utilities will be provided within existing and new easements, including a new 10' general utility easement which lies adjacent to the roadway in the front of each lot. Plat Analysis: City staff has reviewed the plat and determined that all technical comments have been satisfied. Pursuant to LDR Section 3.1.1, prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information in the application, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. As shown in the attached Planning and Zoning Board staff report, positive findings can be made with respect to Future Land Use Map Consistency, Concurrency, Consistency with the Comprehensive Plan, and Compliance with the Land Development Regulations. REVIEW BY OTHERS The Planning and Zoning Board reviewed the Plat at its meeting of October 15, 2012, and recommended approval by a vote of 6 to 0. Courtesy Notices: Courtesy notices have been provided to the following groups and neighborhood associations: • Neighborhood Advisory Council • Delray Citizen's Coalition • Lake Ida Property Owners To date, no letters of objection or support for the Plat have been received. Any future letters of support or objection will be presented at the City Commission meeting. RECOMMENDATION Move approval for the Maison Delray Plat, by adopting the findings of fact and law contained in the staff report and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in Section 2.4.50 (Major Subdivisions), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and Section 3. 1.1 (Required Findings) of the Land Development Regulations. 14TH `2 IT MA IS ON DEL RAY . � BEING A REPLAT OF LOT 7 AND THAT PORTION OF THE 25 FOOT ROAD RIGHT OF WAY FOR N.W. 2ND AVENUE LYING WEST OF AND ADJACENT TO SAID LOT 7, THE GROVE (PLAT BOOK 20, PAGE 92, P.R.PEC); LOTS 1 THROUGH 5, BLOCK 5, ALL THAT PORTION OF THE 16 FOOT ALLEY ATE S /TE RIGHT OF WAY LYING IN SAID BLOCK 5, THAT PART OF THE 25 FOOT ROAD RIGHT OF WAY FOR N. W. 2ND STREET BOUNDED AS FOLLOWS ON sR ID THE NORTH BY THE WESTERL Y EXTENSION OF THE NORTH LINE OF SAID LOT 7 AND ON THE SOUTH BY THE WESTERL Y EXTENSION OF THE SOUTH 1. IT, STRET LINE OF SAID LOT 7, SAID PARCEL BEING IN THE RE -PLAT OF IDA LAKE TERRACE (PLAT BOOK 22, PAGE 39, P.R.P.B.C.) AND THAT LOCH TIGN MAP (W SCALE) PORTION OF THE WEST HALF (W. 112) OF THE 25 FOOT ROAD RIGHT OF WAY FOR N 2ND AVENUE AS SHOWN ON SAID RE -PLAT OF IDA LAKE TERRACE (PLAT BOOK 22, PAGE 39, P.R.P.B.C.) LYING WEST OF AND ADJACENT TO LOT 13, BLOCK A, PINERIDGE HEIGHTS (PLAT BOOK 13, PAGE 80, P.R.P.B.C.), BEING IN SECTION 16, TOWNSHIP 46 SOUTH, RANGE 43 EAST, CITY OF DELRAY BEACH, PALM BEACH COUNTY, DEDICATION: FLORIDA KNOW ALL MEN BY aEME PRESENTS THAT PAUSSAY J. MDCROAR mmARD L FEBRUARY 2013 MTOWN FiE avTAOSS7 A AATRMF LLOT AND THAT OWNERS a SE N OF THHS 25 FOm SHEET I OF 2 ROAD PoCHT CF WAY FOR NW. END AVENUE LYING WEST OF AND ADJACENT TO SURVEYORS CERTIFICATE. SAO LOT 7, THE GROVE (PLAT BGGK 20, RATE 92, LCKRIC), LOTS l THOOLIGH 5. BLOCK 5 ALL THAT POR ➢ON OF THE 18 FOOT ALLEY RGHT OF WAY IN W TRESS WHEREOF, I CURISTIAN J. MOYRGGB DO HELEANTO SET MY HAND AND SEAL THIS _ DAY OF _ 2013 CITY APPROVAL L r,NG w SAID BLOCK 5 THAT PROnCN CF THE 25 FOOT ROAD R ACT OV WAY FOR NW ON) STREET BOUNDED AS FOLLOWS ON THE NORTH BY THE WESTERLY NOTES: PRO.ECTILN OF THE NORTH LIDS OF SAID LOT 7. ON THE SOUTH BY THE WESTERLY DOSECTXD W THE SOUTH LINE OF SAID LOT 7. SAD PARCEL REDO IN WTODSS WHEREOF, 1 R'C1ARJ L. MpYRCAJ DO HERELrVEO SET MY HAND ADD END KAT OF AgA/S2N DELRAY" AS AFP20VE0 ON TRS ALL BEARINGS SHOWN HEREON ARE RELATIVE TO THE IN THE RE'-PLAT OF IDA LAKE TERRACE (PLAT BOOK 22 PAGE 39, PRP.B.CC AND THAT DODSON OF THE WEST HALF (W4 /2) OF THE 25 FORT ROAD -I OF SEAL TMS _ DA Y OF , 2011 DAY' .A.D. 2031, BY THE CITY COU4tiSSiLW OF THE CITY OF DELRAY REACU LEGEDA BOOTH LIME CF LOT 7 THE GROVE, PLAT BODK 20, AGE 92 HAVNG A BEADDO OF NB9 °59'04 "W WAY FOR NW 2ND AVEOkE AS SHOWN ON SAID DEBT AT OF AN LAKE TERRACE (PLAT BOCK 22, PAGE 39. PRPB.C) LYING WEST OF AND ADJACENT TO LOT COROGL PCNOTS (P.CP S) AID MTODMOSTS HAVE BEEN PLACED AS AES NAPQ NOTICE: TMS PLAT, AS RECORDED IN ITS GRAPMC 35, BLOCK A. LOSSLOGE' DEPTHS (PLAT BOOK 73, PAGE 80, FIRED), SNUG 11 -DON 10. TOWHLwE 11 STXT H, RANGE 43 £AST. CITY OF DELRAY ��y -S., BN ATTEST: LANDS CESL1aB£O GAIN CHOON OF - SI.BDIVID£O BEACI{ PALM BEACH CORCY, IS INKS, MOPE PARTIGUL ARE Y DESCRIBED AS SHINE NAME RCHARO L MOYHOU10 MAY(J2' CITY CLERIC' CIRCLE 1-18£ -1 LED IN ITAC CITY BY AN' OTHER LRAPMC OR POSTAL FOOM OF THE PLAT THERE FOLLOWS. AW fiFN ,, AGCEPTEq AW CTR Br.. MAY BE ADNTICNAL RESTAPTIONS THAT ARE RIOT DESCRiPTION MOPEDS PRIME NAME: RECORDED CN EMS PLAT THAT MAY 6E FIX AD N THE PURR( IC RECORDS OF PALM BEACH COUNTY, FLORIDA. LOT 7 AID THAT PORHGN OF ONE 25 FOOT ROAD RCM L' WAY FOR NW 2D STREET LONG WEST OF AND ADJACENT TO SAID LOT 7, THE SURVEYOR A. MAPPER NO 5708 0NOEN SULKS & GBa£N 1 955 N. W. 17TH AVENUE. DATE K SPECTOR OF %AAb\CNG AN'D ZCNLNG PLANNING ADD ZONING BOARS CHAIRPERSON THE CITY CF DELRAY BEACH IS HEREBY GRANTED THE RIGHT CF ACCESS FOR E ATICAPCY ADD MAINTENANCE GROVE, , CE e2 � c DEC DIVE F THEREOF A E4M COKNEYYD TCR A B0Po` ACKNOWLEDGEMENT - -I DSIVA Y BEACH FLCCNJA 33445 P R CITY INSIDER INS INSTRUMENT WAS PREPARED BY PAUSE D EWRE, D TOGETHER WILL SITE GF THE OFESE OF DP2£N, STYLES & O'BLEN IN 955 NW. 17TH A VENAL, SUITE Kl, DELRAY BEACH LOTS I THROIKVf 5. INCLUSIVE, BLOCK S ADD ALL THAT PokT /ON OF PALM COUNTY O.` PALM BEACH F GHBA 33445 (551) ­4501 TH£ TO FOOT ALLEY PoGHT W WAY IYDO W SAID BLOCK 5, RE -PLAT OF IDA LAKE TERRACE, ACCOMMIC TO THE PLAT THEREOF AS BEFORE ME PERS2NALLY APPEARED RICHARD L MOYRWD WHO IS PFJWADVVT RFFERC'NCc' MOMM£MS AR£ SHOW AS THUS O RECORDED 11 PLAT BOOK 22, PAGE 39 PUBLIC RECORDS C' PALM PERSNUALLY KWWN TO ME OR HAS FRODJCEO AS BEACD COUNTY, FLOLUDA. IDENDUCATUNI AND WHO EXECUTED THE FOREGONC INSTRNMENT. AND ARARMEDGEO BEFORE M£ THAT HE EXECUTED SAID 1NSTFN -T FC K DUE TITLE CERTIFICATION- THERE SHALL LIE NO RULDNCS OR ANY KIND W CCNSTRU,fT /CN PLACED ON WATER, SEWER OR DRAINAGE TOGETHER WITH THAT RGRTION OF THE 25 FOOT ROAD RCPT OF WAY PURPOSES EXPRESSED THEREIN EHASEDENTD NO STRUCTURES STALL BE PLACED WTTIN A FOR N.W. 2D STREET AS SHOW ON SAID RE -PLAT OF DA LAKE STATE OF FLORIDA -TY C' PALM BEACH ORZ IL NOTANSE OF 10 FEET FLUM ANY EXCHLAS TERRACE BOUNDED AS FOLLOWS ON THE NORTH BY THE WESTERLY THE C' THE AS CE CNE D LOT A THE CRONE ACCESSION 2. FR TO TF PLAT THEREOF AS RECORDED D a AT BOOK PAGE PUBLIC WNESS MY HAND ADD C'F I SEAL LOS DAY C' 2015 I DOAK S. CAMPBELL K. A IXQY LICEESTEO ATTOWEY D THE STATE OF OR PROPOSED CITY OF DELRAY BEACH MANTADED WATER, SEWER CN2 DON AG£ ENANCE£S CONSTICIANCN OR LANDSCAPNV„ UPON MAINTENANCE OR MAWTENANCF PRC'LORJS OF PALM BEACH CNdVTY, FLORIDA,' ADD NV THE SOUTH BY D I 19 NA E' CLMMlS90N RIO_ FLORIDA. DO HEREBY CERTIFY THAT 1 HAVE EXAMINED THE TITLE TO THE T AT I FHD THE TILE TO THE PROPERTY /S HEREON OESPATRIC ACCESS ES MIST SE N ORMADNI WITH ALL THE WESTERLO EXTENSONI ¢� THE sbtn UDE OF SAID LOT J MOYTN VESTED TO PATPoLYC J MOYRCA, RICHARD L MOYROIAJ AD'D [YCISTIAN J BUILDING ADD ZCNLNG CODES AD'D /OR CROWANCFS OF ADD Z IOR HE CITY ¢F DELRAY BEACH, TOGETHER PDT THAT PORTION OF THE WEST HALF (W.1 /2) OF THE 25 MY COLWti EXib�S NOTARY -1 THAT ]HERE ARE NO MORTGAGES OF RECOTO ADD THAT HERE ACE ENCUA9RRANCES OF FOOT ROAD RIGHT OF WAY FOR NW. 2D AVENU/E AS NOWN ON THE RE-PLAT OF IDA LAKE TERRACE, ACCOPoNUG TO THE FLAT THERETO' AS NAME. COMM590N OwJ: IRELORJ 6(T THOSE ENICUAIRRANSES DO NDT -I DE CREATION GE ONE ----By TMS P_AT THERE SHALL W NO TREES OR SCUDS PLACED ON IITILTY EASEBORS W W ARE DAYINSED FOR WATER AND SEWER USE OR LCON.I ORANAGE EASEMtiMS RECORDED IN PLAT BOCK 22 FACE 3A R'JB 1 RECCWOS OF PALM BEACH CONUTY, FLORIDA IYDIG WEST GE ADD ADJACEVT TO LOT 33 BLOC: A. POkRIDGE FLIGHTS ACCOdRDING TO THE PLAT THEREOF AS RELORCED IN PLAT BOOK 13 PAGE 80 -0 RE'COROS OF PALM DATE COOK S CAMPBELL. N LANCIDOAPNUG ON ANY OTHER LI LITY EASEME 73 SHALL BE ALLOWED ONLY AFTER CONSENT OF ALL UTIUTY CCM:CADES OCCLO - IA- BEACD COUNTY, FLOLUDA. ATT O NEY STATE CF FLCHNA CONTAIN401O 17784 ACES VOLE OR LESS HAVE CAUSED SAID LANDS TO BE SURVEYED AND PLATTED AS STOW ZONNNDOO REGOTA CONS OF THE CITY OF DELRAY BEACH. GENERAL UTILITY EASEMENTS ARE MADE TO ANY PUBLIC OR PRIVATE UTIUTY, SUCH AS BUT NOT Ll- TD, ' TORN DRAWAGE, ELECTRIC POWER S. GAS SERVICE ISCLODE LINES AID CABLE EELED90N PROVIDED HOWEVER, NO SUCH LYNSTRXTION INSTALL ACON. MAINTENANCE AID CPF ATPNN OF CASES TREVISON SERVICES STALL DERRIERE WITH THE FACILITY AND SPOKES OF ELECTOO, TIIEFORDE. GAS CC OTHER IC ,CLTTY. IN WTNDSS WiEREOE I PATRICK J MOYROUB DO HEREUNTO SET MY HAND AND SEAL TMS DAY OF . 2013 WIT NE P NT ACKNOWLEDGEMENT. STATE OF FLORIDA COUNITY OF PALM -1 BEFORE AE PERSONALLY APPEARED PATRICK J MODROUAJ WHO IS PERSYNUAIT Y NSA- TO ME NR H45 FRON/CFO AS IDENTSH ADON ADD WHO EXERTED THE FOdREGONG INSTRUMENT, AND ACJTUOWLEDCFO BEFORE ME THAT HE EXECUTER SAID INSTALMENT FOR THE PARN)DS EXPRESSED THEREIN ­MC HAND AND ODHOUL SEAL TER DAY OF 2013, MY COMMASSCN EXPIBES NOTARY PUBLIC NAME' C0wSSION N0: SURVEYORS CERTIFICATE. IN W TRESS WHEREOF, I CURISTIAN J. MOYRGGB DO HELEANTO SET MY HAND AND SEAL THIS _ DAY OF _ 2013 TMS 15 TO CELCHFY THAT THE FLAT SHOW HEREON IS A TRUE AND CORRECT REPRESH TADON OF A SURVEY MADE UNDER MY RESLISHABLE LLRECKON ADD 5I/FE V19COI THAT SAE] STIVEY 15 ACCULATE TO TED BEST C' MY KNOWiEDGE AND BELIEF; THAT HERMANENT REFERENCE DUNMENTS (PRM S). PERMANENT MOPEDS BY, COROGL PCNOTS (P.CP S) AID MTODMOSTS HAVE BEEN PLACED AS AES NAPQ PRIM NAAE: CHRSTAN J MCYRCAJ BY LAW, AND FARTHER, THAT THE SLBVEY DATA COMPLIES WITH ALL REOUNPABNTS OF CHAPTER 177, FLORIDA STATUTES. AS AM DOOST AND THE CWOWARSE OF THE CITY OF DELRAY BEACH, FLORIDA. SHINES PRDi NAME DATE PALO D ENTLE ACKNOWLEDGEMENT - SURVEYOR A. MAPPER NO 5708 0NOEN SULKS & GBa£N 1 955 N. W. 17TH AVENUE. DATE K -I DSIVA Y BEACH FLCCNJA 33445 STATE OF FLCPoDA COY NITY OF PALM -1 GE T /F1 /CAT£ CF AUTHIORZA SON NO 3S3 BEFORE ME PERSONALLY APPEARED CLOODAN J. MO- WIND 15 PERSONALLY KNOWN TO ME OR HAS PRODUCED AS /CENT' /CAT.- AID WHO EXELVTED THE FOR£GONUG /NSTRMk I AND ACCKNUOwEDzED��FOHE ME GNAT TE EXECUTED SAO GVTRm ENT FDIC THE REVIEWING SURVEYORS STATEMENT WTNESS MY HAND AND OFFICIAL SEAL TRS DAY OF 2013 TMS 1S i0 CELCHFY THAT THE U RBOUY'N1ED PROFESSIONAL SURVEYOR ADD MAR'ER, LN STA CONTRACT WH THE CITY OF DELRAY BEACH, FLORIDA, HAS RENEW£O BUS PLAT OF MASON DELRAY" AS REDUCED BY CHAPTER 177.081 (1). FLORDA STATUTES, AND EAST THAT IT COMPLIES WITH ALL THE MY LYWM4SB'0N EXPLRES NOTARY PLETIC REOLLRC'MkNTS W CHAPTER 177, PART } I ADVA STATUTES NA E' CLMMlS90N RIO_ DATE KEITH M CHEF- A-TOW, ­D LICc'D5E NO PER STATE OF FLORID GOD A AV1ROMd & ASSOCIATES. INC. p CERiIFlCATE OF AUTHORIZAiICN pLB 3300 OELRnY B PPS, SFAA SLIP Eyo„ �5- �/HU IK -11FET I MA /SON DEL RA Y BEING A REPLAT OF LOT 7 AND THAT PORTION OF THE 25 FOOT ROAD RIGHT OF WAY FOR N.W. 2ND AVENUE LYING WEST OF AND ADJACENT TO SAID LOT 7, THE GROVE (PLAT BOOK 20, PAGE 92, P.R.P.B.C),- LOTS 1 THROUGH 5, BLOCK 5, ALL THAT PORTION OF THE 16 FOOT ALLEY S /TE RIGHT OF WAY LYING IN SAID BLOCK 5, THAT PART OF THE 25 FOOT ROAD RIGHT OF WAY FOR N.W. 2ND STREET BOUNDED AS FOLLOWS. ON THE NORTH BY THE WESTERL Y EXTENSION OF THE NORTH LINE OF SAID LOT 7 AND ON THE SOUTH BY THE WESTERL Y EXTENSION OF THE SOUTH LINE OF SAID LOT 7, SAID PARCEL BEING IN THE RE —PLAT OF IDA LAKE TERRACE (PLAT BOOK 22, PAGE 39, F..R.F..B.C.) AND THAT cafiTy OF PALM HACK 2ATIGN MAP (W SCALE) PORTION OF THE WEST HALF (W.112) OF THE 25 FOOT ROAD RIGHT OF WA Y FOR N. W. 2ND A VENUE AS SHOWN ON SAID RE —PL A T OF IDA LAKE S)A7E LT FLOZIDA TERRACE (PLAT BOOK 22, PAGE 39, P.R.P.B.C.) LYING WEST OF AND ADJACENT TO LOT 13, BLOCK A, PINERIDGE HEIGHTS (PLAT BOOK 13, T " FEBRUARY 2013 T" wvEa SHEET z of z PAGE 80, P.R.P.B.C.), BEING IN SECTION 16, TOWNSHIP 46 SOUTH, RANGE 43 EAST, CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA L A --- ------ --- ------------- _ - - - -- —_ _ _ � _ _ _ ( RODE WAY suaava. �,erc r�a:nnarowaee E %- -' �C <o—I I IAT eo✓< EQ DACE v ) Pl n.a9°ua °w 114.14' .. A b- "c Book prs4• -T anxi SCALE i" = 20' oiuAn:22.40r- wcuc� a �v Z R�� a C � b 0' 20' 40' 60' C s �' Z�G may LOT 4 5 BY it�SaAiEO a IS, 10143' L 13 —Cl a 3I h$ LOT 2 so °y a (OR. a 111 A,� _ N. W. 12TH �sg 8� W LOT 1 sag oozw� - -rim_ s cam SeH%so•w LOT 2 P-D, 21, may LOT 4 5 BY it�SaAiEO a IS, 10143' L 13 —Cl a 3I h$ Lor z BLD^Jt a (so —11 war PErz PLac— a 1— 1)- N W._ 12TH STREET_________ ra = ccNTCTaiae M°o"" T STAan�o�e`RC,E L °3 -E CEAEftAL UTILITY EaSEAEM LEP.L' C-1-1 —1. LAKE DRIVE W Uj Z Z ¢ Q J J W W J Z_ ¢ D_ p 14TH ST. 12TH STREET Lnw Ln N.W. z N. W. w H W M > ¢ Z N. W. 16TH ST. p N N. W. 15TH ST. z 9TH ST. Li ¢ 3 z cn N. E. 16TH ST. U9 N. E. 09 NSUBJECT PLANNING AND ZONING DEPARTMENT PROPERTY MAISON DELRAY LOCATION MAP w p 0-' p M Z N Z Li ¢ 3 z cn N. E. 16TH ST. U9 N. E. 09 -- DIGITAL BASE MAP SYSTEM -- MAP REF: S: \Planning & Zoning \DBMS \File— Cab \Z —LM 1001 - 1500 \LM1355_Maison Delray NSUBJECT PLANNING AND ZONING DEPARTMENT PROPERTY MAISON DELRAY LOCATION MAP -- DIGITAL BASE MAP SYSTEM -- MAP REF: S: \Planning & Zoning \DBMS \File— Cab \Z —LM 1001 - 1500 \LM1355_Maison Delray rial ME, L w, 'I I iq PLANNING AND ZONING BOARD CITY OF DELRAY BEACH MEETING DATE: October 15, 2012 AGENDA ITEM: v. A. - -- STAFF REPORT - -- ITEM: Maison Delray - A final subdivision plat consisting of a replat of 6 single - family lots within two existing platted subdivisions into a new subdivision with 4 single - family lots. GENERAL DATA: Applicant ..................... Patrick Moyroud, Richard Moyroud, and Christian Moyroud Agent ................... None Owner ........................ Patrick Moyroud, Richard Moyroud, and Christian Moyroud Location .......................... At the intersection of Grove Way, NW 3rd Avenue and NW 12th Avenue. Property Size .................. 1.78 acres Future Land Use Map..... LD (Low Density Residential) Current Zoning ............... R -1 -AA (Single - Family Residential) Adjacent Zoning.... North: R -1 -AA (Single - Family Residential) East: R -1 -AA (Single - Family Residential) South: R -1 -AA (Single - Family Residential) West: R -1 -AA (Single - Family Residential) Existing Land Use.......... One Single - Family Home Proposed Land Use........ Four Single - Family Homes Water Service ................. Water service is available via connections to 2" water mains located within Grove Way and NW 12th Street. There is also an 8" water main in NW 3rd Avenue Sewer Service ................ Sewer service is available via connection to existing 8" sanitary sewer mains located within Grove Way and NW 12th Street. ITEM BEFORE THE BOARD The item before the Board is that of approval of a preliminary plat and certification of a final plat for a 1.78 acre residential development containing four (4) single - family lots to be platted as Maison Delray. The subject property is located at the intersection of Grove Way, NW 3rd Avenue and NW 12th Avenue. This plat is being processed pursuant to LDR Section 2.4.5(J), Major Subdivisions. BACKGROUND The 1.78 acre subdivision is a replat of 6 Lots and portions of abandoned alley and road rights - of -way within two platted subdivisions recorded in the public records of Palm Beach County, Florida —The Grove (Plat Book 20, Page 92) and Ida Lake Terrace (Plat Book 22, Page 39). The subject property, at 202 Grove Way, is located within the Lake Ida Neighborhood Overlay District. The property is zoned Single Family Residential (R -1 -AA) and contains a 4,523 square foot one -story single family residence constructed in 1962. PLAT DESCRIPTION The replat of the subject property will allow for a total of 4 single - family homes. An existing home on Lot 2 will remain, and three new homes will be constructed. Water and sewer service is available within the adjacent roadways. Other utilities will be provided within existing and new easements, including a new 10' general utility easement which lies adjacent to the roadway in the front of each lot. PLAT ANALYSIS Pursuant to Section 3.1.1 of the Land Development Regulations, prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information in the application, the staff report, or minutes. Findings shall be made by the Board to approve or deny the development application. These findings relate to Future Land Use Map, Concurrency and Consistency with the Comprehensive Plan, and Compliance with the Land Development Regulations. Section 3.1.1 (A) - Future Land Use Map: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. The subject property has a Future Land Use Map designation of LID (Residential- Low Density, 0 -5 du /ac) and is zoned R -1 -AA (Single Family Residential). Pursuant to the Land Use Designation /Zoning Matrix (Table L -7, Future Land Use Element), the R -1 -AA zoning district is consistent with the LID Land Use Map Designation. Based upon the above, it is appropriate to make a positive finding with respect to consistency with the Future Land Use Map designation. Section 3.1.1 (B) – Concurrency: Pursuant to Section 3.1.1(B), 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. P &Z Board Staff Report, Meeting of October 15, 2012: Maison Delray Plat Paqe 2 Since the replat will result in a net reduction in the number of single - family lots, a concurrency review is not necessary. No internal street system is proposed with this development, as direct access is available from the surrounding roadways. A $500 park impact fee will be required for each new unit at issuance of a building permit. Since the existing home was constructed prior to February 23, 1982, a park impact fee credit will not be issued if this home is ever demolished and a new home constructed on lot 2. Section 3.1.1 (C) - Consistency: Pursuant to Section 3.2.1 (Basis for Determining Consistency), the performance standards set forth in Section 3.2.3 (Standards for Site Plan and /or Plat Actions) shall be the basis upon which a finding of overall consistency is to be made. As described in Appendix "A ", a positive finding for consistency can be made as it relates to Standards for Plat Actions. Section 3.1.1 (D) - Compliance with the Land Development Regulations: The replat will result in lots larger than those in the original plats. The proposed lots are consistent in size with existing lots in the neighborhood, which contains a variety of lot sizes, both larger and smaller than those proposed. As shown on the following table, all four lots will exceed the minimum lot dimension requirements in Section 4.3.4(K), "Development Standards Matrix" for the R -1 -AA zoning district. Lot Size (Square Feet) Lot Width Lot Depth Lot Frontage Interior /Corner (Interior /Corner Minimum Required 9,500 75795' 100' 75795' Proposed Lot 1 20,708 181' 120' 366.13' (Corner Lot) Proposed Lot 2 23,898 147.5' 165' 151.05' Proposed Lot 3 17,967 147.5' 125' 151.15' Proposed Lot 4 14,894 101.53' 146.69' 101.64' Comprehensive Plan Policies: A review of the goals, objectives, and policies of the adopted Comprehensive Plan was conducted and the applicable Objective was noted: Future Land Use Element Objective A -1: Property shall be developed or redeveloped, in a manner so that the future use, intensity and density are appropriate in terms of soil, topographic, and other applicable physical considerations; encourage affordable goods and services; are complementary to and compatible with adjacent land uses; and fulfill remaining land use needs. There are no special physical or environmental characteristics of the land that would be negatively impacted by the proposed development. The development of the subject property is proposed in a manner appropriate and complementary to the adjacent single - family residential development throughout the neighborhood. Based upon the above analysis, positive findings with respect to Section 3.1.1 of the Land Development Regulations can be made. P &Z Board Staff Report, Meeting of October 15, 2012: Maison Delray Plat Page 3 TECHNICAL ITEMS Technical comments are attached as Appendix "B ", and must be addressed prior to scheduling of the plat for City Commission. While there are remaining comments, they are minor in nature and will not impact the general plat diagram. REVIEW BY OTHERS The subject property is not located within a geographical area requiring review by the CRA (Community Redevelopment Agency) or the DDA (Downtown Development Authority). Courtesy Notices: Courtesy notices have been provided to the following groups and neighborhood associations: • Neighborhood Advisory Council • Delray Citizen's Coalition • Lake Ida Property Owners Letters of objection or support, if any, will be presented at the Planning and Zoning Board meeting. ASSESSMENT AND CONCLUSION The proposal to replat the subject property into four (4) lot single - family lots is consistent with the Zoning and Future Land Use Map designation for the area. The proposed lots are consistent in size with those in the neighborhood and the development of the subject property is proposed in a manner appropriate and complementary to the adjacent single - family residential development throughout the neighborhood. Positive findings can be made with respect to LDR Section 2.4.5(J) (Major Subdivisions), LDR Section 3.1.1 (Required Findings for Land Use and Land Development Applications), Section 3.2.3 (Standards for Site Plan and /or Plat Actions) and the Goals, Objectives and Policies of the Comprehensive Plan. The plat will require minor technical modifications, as listed in "Appendix "B" - Technical Items" section of this report, before it can advance to the City Commission. ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission of the request of the Preliminary Plat and certification of the Final Plat for Maison Delray, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(J) (Major Subdivisions), Section 3.2.3 (Standards for Site Plan and /or Plat Actions) and Section 3.1.1 (Required Findings for Land Use and Land Development Applications) of the Land Development Regulations, subject to conditions. C. Approve the preliminary plat, and require submittal of a final plat to be processed separately D. Deny the preliminary plat and final plat with basis stated. P &Z Board Staff Report, Meeting of October 15, 2012: Maison Delray Plat Page 4 STAFF RECOMMENDATION Move a recommendation of approval to the City Commission of the Preliminary Plat and certification of the Final Plat for Maison Delray, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(J) (Major Subdivisions), Section 3.2.3 (Standards for Site Plan and /or Plat Actions) and Section 3.1.1 (Required Findings for Land Use and Land Development Applications) of the Land Development Regulations, subject to the following condition: 1. That all comments under the "Technical Items" section (Appendix "B ") of the report be addressed prior to scheduling the plat for City Commission action. Attachments: • Appendix A • Appendix B • Location Map • Reduced Plat P &Z Board Staff Report, Meeting of October 15, 2012: Maison Delray Plat Paqe 5 APPENDIX - A STANDARDS FOR PLAT ACTIONS A. Building design, landscaping, and lighting (glare) shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. Not applicable Meets intent of standard Does not meet intent X B. Separation of different forms of transportation shall be encouraged. This includes pedestrians, bicyclists, and vehicles in a manner consistent with policies found under Objectives D -1 and D -2 of the Transportation Element. Not applicable Meets intent of standard X Does not meet intent C. Open space enhancements as described in Policies found under Objective B -1 of the Open Space and Recreation Element are appropriately addressed. Not applicable Meets intent of standard X Does not meet intent D. The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood. If it is determined that the widening or modification will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted. Not applicable X Meets intent of standard Does not meet intent E. Development of vacant land which is zoned for residential purposes shall be planned in a manner which is consistent with adjacent development regardless of zoning designations. Not applicable Meets intent of standard X Does not meet intent P &Z Board Staff Report, Meeting of October 15, 2012: Maison Delray Plat Paqe 6 F. Vacant property shall be developed in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. Not applicable Meets intent of standard X Does not meet intent G. Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in the Housing Element. This shall be accomplished through the implementation of policies under Objective B -2 of the Housing Element. Not applicable Meets intent of standard X Does not meet intent H. The City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Not applicable Meets intent of standard X Does not meet intent I. Development shall not be approved if traffic associated with such development would create a new high accident location, or exacerbate an existing situation causing it to become a high accident location, without such development taking actions to remedy the accident situation. Not applicable Meets intent of standard X Does not meet intent J. Tot lots and recreational areas, serving children from toddler to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. Not applicable X Meets intent of standard Does not meet intent P &Z Board Staff Report, Meeting of October 15, 2012: Maison Delray Plat Paqe 7 APPENDIX - B TECHNICAL COMMENTS The following comments must be addressed prior to scheduling the plat for City Commission: 1. Provide confirmation from FPL whether the existing 6 -foot FPL easement (ORB 765, Page 63) is acceptable with the addition of a General Utility Easement as shown on the Plat or if an additional FPL easement is required. 2. We still need the revised Title Certificate with the correct legal description. This certificate should also address all of the existing encumbrances on the property. There are existing easements that are not listed. 3. A digital copy of plat to be recorded in AutoCAD dwg or dxf format will be required prior to issuance of a permit from the Building Department. 4. Additional comments may follow after review of revised plat. MEMORANDUM TO: Mayor and City Commissioners FROM: Amy E. Alvarez, Historic Preservation Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: Douglas E. Smith, Interim City Manager DATE: February 13, 2013 SUBJECT: AGENDA ITEM 8.C. - REGULAR COMMISSION MEETING OF FEBRUARY 19, 2013 RIGHT -OF -WAY DEED ACCEPTANCE/ 36 S.E. 1ST AVENUE ITEM BEFORE COMMISSION The action requested of the City Commission is acceptance of a right -of -way deed associated with the approved office development at 36 SE 1St Avenue within the Old School Square Historic District. BACKGROUND At its meeting of August 19, 2008, the City Commission considered an appeal and ultimately approved a Class V Site Plan Application and Certificate of Appropriateness for a new office development located at 36 SE lst Avenue. One of the conditions of approval was the recordation of a right -of -way deed. The site is located on the west side of SE 1 st Avenue and is bordered by an east /west alley to the north. The existing right -of -way width for SE 1st Avenue is 40' and the required width is 60'; the existing width for the alley is 16' and the required width is 20'. For existing streets, reductions in right -of -way width may be granted by the City Engineer upon a favorable recommendation from the Development Services Management Group (DSMG). The DSMG reviewed the subject application at its meeting of February 8, 2007, and approved a right -of -way reduction from 60' to 50' for SE 1 st Avenue. Therefore, the applicant must dedicate 5' (one -half of the 10' additional right -of -way) on SE 1st Avenue and 2' (one -half of the 4' additional right -of -way) for the alley. These dedications are shown on the attached exhibit. The City Attorney has reviewed the Right -of -Way Deed for legal sufficiency and form, and has determined it to be acceptable. RECOMMENDATION By motion, accept the right -of -way deed associated with 36 SE 1st Avenue. Prepared by: RETURN: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. 1St Avenue Delray Beach, Florida 33444 RIGHT -OF -WAY DEED THIS INDENTURE made this '14A day of , 2013, between SWINTON VENTURE, LLC, with a mailing address of 1120 S. Federal Hi way, Suite 200, Delray Beach, Florida 33483, as party of the first part and CITY OF DELRAY BEACH, FLORIDA, a Florida municipal corporation with a mailing address of 100 N. W. 1St Avenue, Delray Beach, Florida 33444, as parry of the second part. WITNESSETH: That said party of the first part, for and in consideration of the mutual promises herein contained and other good and valuable consideration, does hereby grant, remise, release, quit claim and convey unto the party of the second part, its successors and assigns, all right, title interest, claim and demand which the party of the first part has in and to the following - described land, situate, lying and being in the County of Palm Beach, State of Florida, to -wit: See Exhibit "A" attached hereto. This Deed is made for the purpose of giving and granting to the party of the second part, its succeF­rs and assigns, a right -of -way and easement in and to said lands for pub! -- l-ibry ,,ay, street, sidewalk and public utility purposes; and is made, executed and delivered with the express understanding and condition that should the same ever be discontinued or abandoned as a public highway or street, the title to same shall thereupon revert to and revest in the party of the first part or assigns. That this right -of -way shall be subject only to those easements, restrictions, and reservation of record. The party of the first part agrees to provide for the release of any and all mortgages or liens encumbering this right -of -way. The parry of the first part also agrees to erect no building or effect any other kind of construction or improvements upon the above - described property. Party of the first part does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever claimed by, through or under it, that it has good right and lawful authority to grant the above - described right -of -way and that the same is unencumbered. Where the context of this Right -of -Way Deed allows or permits, the same shall include the successors or assigns of the parties. This Right -of -Way Deed shall be effective upon recording in the Public Records of Palm Beach County. The City of Delray Beach, once it approves the Right -of -Way Deed, shall hold the Right —of -Way Deed in escrow at the office of the City Attorney. The City Attorney shall record the Right -of -Way Deed once the site plan is certified and a Building Permit is issued. The City of Delray Beach by approving and accepting the Right -of -Way Deed to be held in escrow does not warrant that the City will certify the site plan or issue a Building Permit. TO HAVE AND TO HOLD THE SAME, together with all and singular the appurtenances thereto belonging or in anywise incident or appertaining, and all the estate, right, title, interest, and claim whatsoever of the said party of the first part, in law or inequity to the only proper use, benefit, and behalf of the said parry of the second part, its successors and assigns. IN WITNESS WHEREOF, said party of the first part has hereunto set their hand and seal the date first above written. WITNESSES: SWINTON VENTURE, LLC By: Retail Concepts, Inc., its managing member (Name printed or typed) STATE OF COUNTY OF 10J, 08� By: ._-_ a"�qs& enga nt 1120 S. Federal Highway, Suite 200 Delray Beach, Florida 33483 The foregoing instrument was acknowledged before me this 7,1-G) day of 201, by Jim Zengage, President of Retail Concepts, Inc., a Florida corporation, managing Inember of Swinton Venture, LLC, a Florida limited liability company on behalf of the corporation. He/She is personall known to m� or has produced (type of identification) as identification. S> o gna Person Taking acknowledgment Name Typed, Printed or Stamped Row -36 se i ave r�"'" f "'••, VIRGINIA HASLETT *! MY COMMISSION 9 EE 198819 EXPIRES: May 23, 2016 Bonded 7hra Notary Public Underwdlers 2 r. r ExP/ei-r .4, n14 69- / 19 1. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID UNLESS SEALED WITH AN EMBOSSED SURVEYOR'S SEAL. 2. LANDS SHOWN HEREON ARE NOT ABSTRACTED FOR RIGHTS- OF- WAY,EASEMENTS, OWNERSHIP, OR OTHER INSTRUMENTS OF RECORD. 3. BEARINGS SHOWN HEREON ARE RELATIVE TO THE RECORD PLAT BASED ON THE NORTH LINE OF LOT 16, BLOCK 69, BEARING S89 °58'23 "E. 4. THE "LAND DESCRIPTION" HEREON WAS PREPARED BY THE SURVEYOR. 5. UNDERGROUND FOUNDATIONS WERE NOT LOCATED. A PORTION OF LOTS 16, 17 AND 18, BLOCK 69, "SUBDIVISION OF BLOCK 69 DELRAY BEACH ", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 43 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 18, BLOCK 69; THENCE SOO °49'54 "E ALONG THE EAST LINE THEREOF, A DISTANCE OF 59.00 FEET TO A POINT OF INTERSECTION WITH A LINE 75.00 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF SAID LOT 18, BLOCK 69; THENCE N89 °58'23 "W ALONG SAID PARALLEL LINE, A DISTANCE OF 5.00 FEET TO A POINT OF INTERSECTION WITH A LINE 5.00 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF SAID LOT 18, BLOCK 69; THENCE NOO °49'54 "W ALONG SAID PARALLEL LINE, A DISTANCE OF 57.00 FEET TO A POINT OF INTERSECTION WITH A LINE 2.00 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF SAID LOTS 16, 17 AND 18, BLOCK 69; THENCE N89`58'23 "W ALONG SAID PARALLEL LIFE, A DISTANCE OF 145.00 FEET; THENCE NOO °51'40 "W, A DISTANCE OF 2.00 FEET TO A POINT OF INTERSECTION WITH THE NORTH LINE OF SAID LOT 16, BLOCK 69; THENCE S89 °58'23 "E ALONG SAID NORTH LINE, AND THE NORTH LINE OF SAID LOTS 17 AND 18, BLOCK 69, A DISTANCE OF 150.00 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE IN PALM BEACH COUNTY, FLORIDA. CONTAINING 585 SQUARE FEET, 0.013 ACRES, MORE OR LESS. CERTIFICATION: I HEREBY CERTIFY THAT THE ATTACHED SKETCH OF DESCRIPTION OF THE HEREON DESCRIBED PROPERTY IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS SURVEYED UNDER MY DIRECTION ON SEPTEMBER 10, 2008. 1 FURTHER CERTIFY THAT THIS SKETCH OF DESCRIPT }ON MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH IN CHAPTER 61G17 -6 ADOPTED BY THE FLORIDA BOARD OF SURVEYORS AND MAPPERS, PURSUANT TO FLORIDA STATUTES 472.027. CAULFIELD & WHEELER, INC. CIVIL ENGINEERING - LAND SURVEYING ere 7301A W. PALMETTO PARK ROAD - SUITE 1004, BOC4, RATON, FLORIDA 33433 PHONE (561)- 392 -1991 / FAX (561)- 750 -1452 "SUBDIVISION OF BLOCK 69, DELRAY BEACH" PORTION OF LOTS 16, 17 & 18, BLOCK 69 RIGHT -OF -WAY EASEMENT - SKETCH OF DESCRIPTION }E.FFRE'Y R?. V�A �NER` PL PEG. LAND j'��RVEYOR �L5302 STATE OF FLORIDA LB #3591 SHEET 1 OF 2 DATE 9/10/08 DRAWN BY CE F.B./ PC, N/A SCALE AS SHOWN 04702 —TOM surveys skod 47086 IN O W KV_QWG 4702 POINT OF ocK �g, BEGINNING N OF GN" LOT 18, BLOCK 69 4�� "SUBDIVISION OF BLOCK 69 ,300\'- DELRAY BEACH" (PB. 2, PAGE 43) 16.00' LOT 19 BLOCK 69 ALLEY NORTH LINE NORTH LINE NORTH LINE o LOT 16, LOT 17, 16.00' LOT 18, o N00�51' 0 "W BLOC BLOCK 69 ALLEY BLOCK 69 N 2.00 K 69 S8958'23 "E 150.00' N89'5 '23 "W 145.00' o pai w LOCK 69, Lo --�, jS�ON O�EPCH 43i � o "SU�p1p�LR�� 2, P NOE U9 cn tPLp 80 :t O 145.00' Z S89'58'23 "E 150.00 N89058'23 "W 5.00' y" LOT 16 LOT 17 o LOT 18 BLOCK 69 BLOCK 69 r- BLOCK 69 SOUTH LINE SOUTH LINE SOUTH LINE LOT 16, LOT 17, LOT 18, BLOCK 69 BLOCK 69 11BLOCK 69 S.E.lst STREET RAYMOND STREET (PLAT) 50' RIGHT -OF -WAY ANGRAPHIC SCALE 30 0 15 30 NORTH ( IN FEET ) CAULFIELD & WHEELER, INC_ CIVIL ENGINEERING - LAND SURVEYING Q7301A W. PALMETTO PARK ROAD - SUITE IOOA BOCA RATON, FLORIDA 33433 PHONE (561)- 392 -1991 / FAX (55i) -750 -1452 "SUBDIVISION OF BLOCK 69, DELRAY BEACH" PORTION OF LOTS 16, 17 & 18, BLOCK 69 RIGHT -OF -WAY EASEMENT - SKETCH OF DESCRIPTION � 5.00 O p Lo O W 0-¢ r w4 Q L0 ¢ ��a +' U) co o 0 Ld (n V) J d SHEET 2 OF 21 DATE 9/10/08 DRAWN BY CE F.B./ PG, N/A SCALE AS SHOWN 04792jWjd srveys skod JOB uNO�w�.o, 4702 Prepared by: RETURN: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach, Florida 33444 SUBORDINATION OF ENCUMBRANCE TO THE PROPERY RIGHTS TO THE CITY OF DELRAY BEACH, FLORIDA KNOW ALL MEN BY THESE PRESENTS: That whereas it is required by the City of Delray Beach to provide certain width of right-of-way in accordance with its Comprehensive Plan; and, WHEREAS, a portion of the lands required to be dedicated to the City is subject to a mortgage held by the undersigned; and WHEREAS, on behalf of the City of Delray Beach, a request has been made for the undersigned to subordinate said encumbrance to the property rights of the City of Delray Beach in and to the portion of the premises hereinafter described. NOW THEREFORE, WITNESSETH: That for and inconsideration of the mutual promises herein contained and other good and valuable consideration, the undersigned subordinates said encumbrance to the property rights of the City of Delray Beach, Florida, to provide for the dedication of right-of-way the following described lands, See Exhibit "A" Attached hereto Insofar as said premises are affected by the following described encumbrance now held by the undersigned; NATURE RECORDED ENCUMBRANCE DATE FROM OR AGAINST IN FAVOR OF BOOK -PAGE Mortgage 10/15/09 City National Bank of Florida 23496/1175 To Swinton Venture, LLC PROVIDED, ALWAYS, NEVERTHELESS, and it is expressly understood and agreed that this instrument subordinates said encumbrance insofar as same affects the rights and privileges of the 3 City of Delray Beach in its use of the land specifically above described for right- of-way and that nothing herein contained shall in any way alter, affect, impair, minimize, or diminish the effect of said encumbrance or the remedies at law or in equity for recovering thereunder, or against the parties charged thereby, the full amount of all sums secured by and /or under the same. It is further understood and agreed that in the event said above described premises are abandoned by the City of Delray Beach and cease to be used for right -of -way that in such event the subordinate of said encumbrance shall terminate in and to such portion abandoned and no longer used as aforesaid, and the encumbrance shall become of the same status with reference to such abandoned portion as if the subordination had never been made. IN WITNESS WHEREOF, said party of the first part has hereunto set their hand and seal the date first above written. WITNESSES: MORTGAG ITY NATIONAL BANK OF F OF national banking association / By: (Name printed or typed) 7-9 �� ' (Name printed or typed) 1 �1 Address: i� u ' "� 33 y3 (Name printed or typed) '-- STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of f _ 2013 , by y P - -.. (name of officer or agent, title of officer or agent), of CITY NATIONAL BANK' OF FLORIDA, a national bankin association, on behalf of the corporation. He /She grsonally known to me or has produced (type of identification) as identification. �w5Al1Y PUB °i JEANNE ZESSI GOLDEN Notary Public - State of Florida . 1 e My Comm. Expires Aug 16, 2416 ° Commission # EE 827372 Bonded Through National Notary Assn. H S,ig4ature of Person Taking acKnowledgment IC(�hA�-' C--?, (c Ide, Name Typed, Printed or Stamped E:X 4)6 /T 4) agGe- / a� 1. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID UNLESS SEALED W {TH AN EMBOSSED SURVEYOR'S SEAL. 2. LANDS SHOWN HEREON ARE NOT ABSTRACTED FOR RIGHTS- OF- WAY,EASEMENTS, OWNERSHIP, OR OTHER INSTRUMENTS OF RECORD. 3. BEARINGS SHOWN HEREON ARE RELATIVE TO THE RECORD PLAT BASED ON THE NORTH LINE OF LOT 16, BLOCK 69, BEARING S89 °58'23 "E. 4. THE "LAND DESCRIPTION" HEREON WAS PREPARED BY THE SURVEYOR. 5. UNDERGROUND FOUNDATIONS WERE NOT LOCATED. A PORTION OF LOTS 16, 17 AND 18, BLOCK 69, "SUBDIVISION OF BLOCK 59 DELRAY BEACH ", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 43 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 18, BLOCK 69; THENCE SOO'49'54 "E ALONG THE EAST LINE THEREOF, A DISTANCE OF 59.00 FEET TO A POINT OF INTERSECTION WITH A LINE 75.00 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF SAID LOT 18, BLOCK 69; THENCE N89 °58'23 "W ALONG SAID PARALLEL LINE, A DISTANCE OF 5.00 FEET TO A POINT OF INTERSECTION WITH A LINE 5.00 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF SAID LOT 18, BLOCK 69; THENCE NOO °49'54 "W ALONG SAID PARALLEL LINE, A DISTANCE OF 57.00 FEET TO A POINT OF INTERSECTION WITH A LINE 2.00 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF SAID LOTS 16, 17 AND 18, BLOCK 69; THENCE N89 °58'23 "W ALONG SAID PARALLEL LINE, A DISTANCE OF 145.00 FEET; THENCE N00 °51'40 "W, A DISTANCE OF 2.00 FEET TO A POINT OF INTERSECTION WITH THE NORTH LINE OF SAID LOT 16, BLOCK 69; THENCE S89 °58'23 "E ALONG SAID NORTH LINE, AND THE NORTH LINE OF SAID LOTS 17 AND 18, BLOCK 69, A DISTANCE OF 150.00 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE IN PALM BEACH COUNTY, FLORIDA. CONTAINING 585 SQUARE FEET, 0.013 ACRES, MORE OR LESS. CERTIFICATION: I HEREBY CERTIFY THAT THE ATTACHED SKETCH OF DESCRfPTICN OF THE HEREON DESCRIBED PROPERTY IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS SURVEYED UNDER MY DIRECTION ON SEPTEMBER 10, 2008. 1 FURTHER CERTIFY THAT THIS SKETCH OF DESCRIPTION MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH IN CHAPTER 61G17 -6 ADOPTED BY THE FLORIDA BOARD OF SURVEYORS AND MAPPERS, PURSUANT TO FLORIDA STATUTES 472.027. CAULFIELD & WHEELER, INC. CIVIL ENGINEERING -- LAND SURVEYING 0 73O1A W. PALMETTO PAPK ROAD — SUITE IOOA BOCA. RATON, FLORIDA 33433 PHONE (56!) -392 -1991 / FAX (561)- 750 -1452 "SUBDIVISION OF BLOCK 69, DELRAY BEACH" PORTION OF LOTS 16, 17 & 18, BLOCK 69 RIGHT -OF -WAY EASEMENT - SKETCH OF DESCRIPTION JEFFREY R.'- WA-,GNER,�P.L S.� - REG. LAND SURVEYOR ##.5302 STATE OF FLORIDA LB #3`91 SH EET 1 OF 2 11 DATE 9/10Z08 DRAWN BY CE F.B./ PG, N/A SCALE AS SHOWN 04702 —rou ��ys skad 4705- ,NO3w�EV.n� 4702 POINT OF ®® 6g BEGINNING 45XHt -161 N.E.CORNER OF �LN' LOT 18 BLOCK 69 NOO*51'J0 "W 2.00 2 0 0 of w 0 0 cn N G SU�pIN�Rp�{ 6EpPG� 4� "SUBDIVISION OF BLOCK 69 D ' DELRAY BEACH" 600 �pLP� (PB. 2, PAGE 43) 16.00' LOT 19 BLOCK 69 ALLEY NORTH LINE NORTH LINE NORTH LINE b LOT 16, LOT 17, 16.00' LOT 18, BLOCK 69 BLOCK 69 ALLEY BLOCK 69 N S89.58'23 "E b 150.00' N 89'58'23 LOT 16 BLOCK 69 SOUTH LINE LOT 16, BLOCK 69 69, „SU60���LR K �`pPGE 43i �P�PS �3p0 145.00' S89'58'23 "E 150.00 145.00 LOT 17 0 BLOCK 69 SOUTH LIN LOT 17, BLOCK 69 S.E.1st STREET RAYMOND STREET (PLAT) 50' RIGHT —OF —WAY O O Lo d- Lo cn O O Z N89'58'23 "IN 5.00' LOT 18 BLOCK 69 SOUTH LINE LOT 18, BLOCK 69 GRAPHIC SCALE 30 0 15 30 NORTH { IN FEET } CAULFIEL_D & WHEELER, INC. CIVIL ENGINEERING - LAND SURVEYING D0 73OIA W. PALMETTO PARK ROAD - SUITE IOOA . BOCA RATON, FLORIDA 33433 PHONE (560- 392 -1991 / FAX (561)- 750 -f452 "SUBDIVISION OF BLOCK 69, DELRAY BEACH" PORTION OF LOTS 16, 17 & 18, BLOCK 69 RIGHT -OF -WAY EASEMENT - SKETCH OF DESCRIPTION 0 5.00 O Lo a a W �wti¢ Luo Lo Q,- +' =a O O LLJ Q _ 0 vi Q SHEET 2 DATE 9/10/08 DRAWN BY CE F.B. PC. N A SCALE AS SHOWN 94702 —TOiA surveys skad JOBS -ENO w�ev.9wc 4702 MEMORANDUM TO: Mayor and City Commissioners FROM: Tamara Genius, Plan Reviewer Victor Majtenyi, Interim Director of Environmental Services THROUGH: Douglas E. Smith, Interim City Manager DATE: February 13, 2013 SUBJECT: AGENDA ITEM 8.D. - REGULAR COMMISSION MEETING OF FEBRUARY 19, 2013 RIGHT -OF -WAY DEED ACCEPTANCE/ 307 S.E. 4TH AVENUE ITEM BEFORE COMMISSION City Commission acceptance of a Right -of -Way Deed for two feet (2') of alley right -of -way dedication for the property located at 307 S.E. 4th Ave. BACKGROUND The owner submitted a building permit application for the construction of a single family residence on a vacant lot. The subject property is located on the east side of S.E. 4th Avenue, south of S.E. 3rd Street and abuts a sixteen foot (16') alley. Refer to attached location map. Pursuant to LDR Section 5.3. 1 (13)(2), the required minimum width of an alley is twenty feet (20'). The current dedicated alley right -of -way is sixteen feet (16'). Therefore, a dedication equivalent to one -half the additional right -of -way (i.e. two feet) from the east property line is required. This dedication is described within the attached "Exhibit A" and is consistent with the width that has been provided with other redevelopment along S.E. 4th Avenue. This item was approved by DSMG at the January 31, 2013 meeting. RECOMMENDATION Staff recommends approval of Right -of -Way Deed. Prepared by: RETURN: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. 1 st Avenue Delray Beach, Florida 33444 PIN # RIGHT -OF -WAY DEED THIS INDENTURE made this l�` day f �; ° y ,�,��; 201, between with a mailing address ��}��,�'�f ✓3.7' 4 9,/ , as party of the first part and CITY OF DELRAY BEACH, FLORIDA, a Florida municipal corporation with a mailing address of 100 N.W. 1st Avenue, Delray Beach, Florida 33444, as party of the second part. WITNESSETH: That said party of the first part, for and in consideration of the mutual promises herein contained and other good and valuable consideration, does hereby grant, remise, release, quit claim and convey unto the party of the second part, its successors and assigns, all right, title, interest, claim and demand which the party of the first part has in and to the following- described' land, situate, lying and being in the County of Palm Beach, State of Florida, to -wit: See Exhibit "A" attached hereto. This Deed is made for the purpose of giving and granting to the party of the second part, its successors and assigns, a right-of-way and easement in and to said lands for public highway, street, and public utility purposes and the maintenance thereof; and is made, executed and delivered with the express understanding and condition that should the same ever be discontinued or abandoned as a public highway or street, the title to same shall thereupon revert to and revest in the parry of the first part or assigns, except that the easement for public utility purposes shall remain until released. That this right -of -way shall be subject only to those easements, restrictions, and reservation of record. The party of the first part agrees to provide for the release of any and all mortgages or liens encumbering this right -of -way. The party of the first part also agrees to erect no building or effect any other kind of construction or improvements upon the above - described property. f i �.t. 3 p_ ji., Party of the first part does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever claimed by, through or under it, that it has good right and lawful authority to grant the above-described right- of -w4y and , that the same is unencumbered. Where the context of this Right -of -Way Deed allows or permits, the same shall include the successors or assigns of the parties. TO HAVE AND TO HOLD THE SAME, together with all and singular the appurtenances thereto belonging or in anywise incident or appertaining, and all the estate, right, title, interest, and claim whatsoever of the said. party of the first part, in law or in equity to the only proper use, benefit, and behalf of the said party of the second part, its successors and assigns. IN WITNESS WHEREOF, said party of the first part has hereunto set their hand and seal the date first above written. Signed, sealed and delivered in the pres ffe of: (Name prik6l or typed) (Name printed or typ `d) STATE OF �e COUNTY OF PARTY OF THE FIRST PART $y. (N e nted or typed) (Address) cn, f le, The foregoing instrument was acknowledged before me this 141)- day of 20VJ by f?- who is personally known to me or d& produced C as identific4ation. IN Signatdre of Xo'tdry Public - Stwte of F a / �1e s✓� ° N'GTARY PUBUc STATE der RHODE ISLAND My COff,WSSIOK EXPiRFS 41.13/201 &1 N SKETCH & LEGAL DESCRIPTION THIS IS NOT A SURVEY 16' ALLEY RIGHT OF WAY EAST 2.00' LOT 22, BLK. 104 51.00' o � 0 0 51,00' S.E5th AVE. (U.S NO.1) LOCATION S.E. 4th AVENUE LEGAL DESCRIPTION: THE EAST 2.00 FEET OF LOT 22, BLOCK 104, OF OSCEOLA PARK, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 3, PAGE 2, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. BRUCE CARTER & ASSOCIATES, INC_ SURVEYORS - PLANNERS 405 S.E. 6TH AVE. (SOUTH FEDERAL HIGHWAY) DELRAY BEACH, FLORIDA 33485 PHONE (56.I)- 265 --1910 / FAX (56 €)- 265 -1919 #307 S.E. 4th AVENUE, DELRAY BEACH R/W DEDICATION THIS SKET CH IS NOT VALID UNLESS IT BEARS AN ORIGIONAL SIGNATURE AND AN EAIBOSSlyD S R S. SEAL. AF CE N CARTER fSMWED LAND SUR4 YOR 6J TF OF FLORIDA ! DATE 1/20/20131 F.B. PG. NA SCALE NTS 0 0 4 GE 1 OF 1 LEGEND RA RIGHT OF WAY LOT 2 2 2 O. R. B OFAC:IAL RECORDS BOOK BLOCK P.B. PLAT BOOK PG PAGE P.O.0 POINT OF COAWENCFAIENT P.O.B POINT OF BEGINNING LOT 23 ADDRESS #307 LOT 21 P.O.T PANT OF TERMINUS BLOCK 104 BLOCK 104 U EE U71uTY ASE #ENT" PC POINT OIL CURVL R RADIUS L LENGTH OF ARC p °q D DEL TA a cl ° o .� L6 ri r3 >" M .-e THE PURPOSE OF THIS SKETCH AND DESCRIPTION IS TO SHOW THE LOCA 77ON AND DIPREN& NTS OF THE PORRON OF iJO7 3E. 4th Q AVENUE TO BE LESSLD OUT FW ALLEY RIGHT OF WAY f3 b1 z rui 1 c p Jp �O rri 0 O, 25.0' M3.00' 51.00' CQF I 1 S.E. 1 4 AVENUE LEGAL DESCRIPTION: THE EAST 2.00 FEET OF LOT 22, BLOCK 104, OF OSCEOLA PARK, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 3, PAGE 2, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. BRUCE CARTER & ASSOCIATES, INC_ SURVEYORS - PLANNERS 405 S.E. 6TH AVE. (SOUTH FEDERAL HIGHWAY) DELRAY BEACH, FLORIDA 33485 PHONE (56.I)- 265 --1910 / FAX (56 €)- 265 -1919 #307 S.E. 4th AVENUE, DELRAY BEACH R/W DEDICATION THIS SKET CH IS NOT VALID UNLESS IT BEARS AN ORIGIONAL SIGNATURE AND AN EAIBOSSlyD S R S. SEAL. AF CE N CARTER fSMWED LAND SUR4 YOR 6J TF OF FLORIDA ! DATE 1/20/20131 F.B. PG. NA SCALE NTS 0 0 4 GE 1 OF 1 Location Map a -JIM � i t r � r wr .a - 07 S.E. 4th Avenue 1 En MEMORANDUM 'A z TO: Mayor and City Commissioners FROM: Bruce Koeser, Human Resources Director DATE: February 14, 2013 SUBJECT: AGENDA ITEM 8.E. - REGULAR COMMISSION MEETING OF FEBRUARY 19, 2013 AMENDMENT NO. 1 TO THE AGREEMENT FOR SERVICES AT A WORKSITE MEDICAL FACILITY BETWEEN THE CITY OF DELRAY BEACH AND CONCENTRA HEALTH SERVICES ITEM BEFORE COMMISSION The item before the Commission is to allow the Town of Highland Beach shared limited medical services with the City of Delray Beach's Wellness Center. The Wellness Center will only provide physicals for the Town of Highland's full -time Police Officers. BACKGROUND The Town of Highland Beach requested that the City of Delray Beach provide limited medical services to their Police Officers. The regulated medical services would include physical examinations by a physician and other optional services. The Town of Highland Beach will pay the City for all use of the Center which will more than offset the City's cost of providing Highland Beach with this service and will give the City some additional revenue to help offset the cost of the Wellness Center. REVIEW BY OTHERS The Agreement was reviewed by Assistant City Attorney, Janice Rustin. FUNDING SOURCE The City of Delray Beach shall invoice the Town of Highland Beach for medical services rendered for its full -time Police Officers. RECOMMENDATION Staff recommends that the City Commission approve Amendment No. 1 to the Agreement for Services at a Worksite Medical Facility between the City of Delray Beach and Concentra Health Services, Inc. AMENDMENT NO. 1 TO THE AGREEMENT FOR SERVICES AT A WORKSITE MEDICAL FACILITY BETWEEN THE CITY OF DELRAY BEACH AND CONCENTRA HEALTH SERVICES, INC. THIS AMENDMENT NO. 1 to the Agreement for Services at a Worksite Medical Facility of December 18, 2012 between CONCENTRA HEALTH SERVICES INC. (the "Medical Services Provider") and the CITY OF DELRAY BEACH, FLORIDA (the "City "), is entered into as of this day of '2013. WITNESSETH: WHEREAS, the City and Medical Services Provider mutually covenant and agree to amend and modify the Agreement for Services at a Worksite Medical entered into on December 18, 2012; and WHEREAS, the City opened an on -site health center, located at 525 NE 3rd Ave, Suite 104, Delray Beach (hereinafter referred to as the Delray Center) and provides occupational services, including pre - employment and annual physicals, and other related medical services through the third -party administrator, the Medical Services Provider. WHEREAS, the City desires to share limited services of the Medical Services Provider with the City of Highland Beach, Florida ( "Highland Beach ") by allowing qualified full time police officer personnel from Highland Beach to receive services in accordance with the contractual arrangements between the City and the Medical Services Provider. NOW, THEREFORE, in consideration of the mutual covenants, stipulations and agreements herein contained, the parties agree as follows: The recitations referred to above are hereby incorporated herein. 2. The Medical Services Provider shall provide to Highland Beach police officers medical services including a complete physical examination by a physician and other optional services as listed and described on Appendix "A ", attached. 3. The City shall provide to the Medical Services Provider the name, date of birth, and social security number of the Highland Beach police officers who have been approved to receive the services to be rendered by the Medical Services Provider. The above information will be supplied to the Medical Services Provider Zone Worksite Director. 4. The Medical Services Provider shall charge the City a $30.00 surcharge for each complete physical examination by a physician that has been provided to each Highland Beach police officer. This charge will be added to the regular monthly invoice that Medical Services Provider sends to the City. 5. Any modifications to this agreement are not valid or binding unless they are in writing and formally approved by both parties. 6. All other terms and conditions of the Agreement for Services at a Worksite Medical of December 18, 2012 shall remain in full force and effect and are incorporated herein. ATTEST: City Clerk Approved as to Form: City Attorney 2 CITY OF DELRAY BEACH, FLORIDA By: Thomas F. Carney Jr., Mayor (SEAL) ATTEST: Print Name: CONCENTRA HEALTH SERVICES, INC. Print Name: Title: APPENDIX "A" Employment and Annual Physicals- Police Officers (requires two visits at least) Complete Physical Examination by Physician Lab Services: • Urinalysis (UA with dip stick) • HEMGPD (CBC [Hemogram] with Platelet count & Differential) • CMP /Lipid Panel • PSA (Age 40 and above) • Micro UA (if needed) • AHCA Urine 10 Panel Drug Screening • Vital signs (Height, Weight, Temp, Waist, Blood Pressure and Pulse Oximetry) Snellen Vision Screening Audiometry — Sound Proof Booth Standard ECG Cardiovascular Fitness: *Stress ECG: Annual Physicals Only Age: 39 and below Baseline only (Relax) Age: 40 and above (Relax and on Treadmill) Chest X -Ray (2 view) Baseline and every five years Spirometry Cost = $500 without Stress Test and *$600 with Stress Test Other Options: Hepatitis C Screening = $7.00 HIV Baseline (optional test — would be completed after employment) =$9.00 Tobacco Free Testing = $28.00 Tetanus Diptheria Toxoid (Every 10 years) = $34. PPD (TB Testing) Pre - employment and Annual = $4.50 Hepatitis B Vaccination (3 doses) = $32.50 /dose Hepatitis B Titer (administered after last immunization — every 5 years or as CDC recommended) $18.00 Influenza (Option) = $10. 0 AGREEMENT FOR SERVICES AT A WORKSITE MEDICAL FACILITY This Age ine it for Sei 'ccs at a orksite Medical Facility (the "Agreement ") is made and entered into as of the � day of , 2012 (the "Effective Date "), by and between Concentra Health Services, Inc., a Nevada Corporation, ( "Concentra ") and the City of Delray Beach ( "Client "). RECITALS WHEREAS, Concentra is in the business of providing certain healthcare services through its affiliates, including those services as described on Schedule I attached hereto (the "Services "); and WHEREAS, Client desires to engage Concentra, and Concentra desires to accept such engagement, to provide the Services, on the terms and conditions set forth in this Agreement; NOW, THEREFORE, for and in consideration of the mutual covenants and agreements set forth herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: AGREEMENT I. Obligations of the Parties, (a) During the term of this Agreement, Concentra shall, through its affiliates, provide the Services described on Schedule I. (b) Client agrees to provide adequate office and clinic space, telephone, fax capability, computer and online availability, and supplies for the Concentra employee(s) to provide the Services, and the fee schedule set forth on Schedule H has been determined in consideration of this Section I (b). 2. Compensation. In consideration of Concentra's provision of the Services pursuant to Section 1, Client shall pay Concentra and/or its designated affiliate in accordance with the fee schedule set forth on Schedule II hereto (the "Fees "). At the beginning of each 12 -month period of this Agreement, commencing on the date which is 12 months following the Effective Date, the Fees for the prior 12 -month period shall be increased by the (i) the percentage change in the Consumer Price Index, All Urban Consumers (CPl -U) for medical care or (ii) 6 %, whichever is less. Concentra shall invoice Client, in advance, no more frequently than monthly, and Client shall remit payment to Concentra within thirty (30) days of receipt of invoice. 3. 'Perm and Termination. (a) The initial term of this Agreement shall be a period of three (3) years commencing on the Effective Date, with Concentra to begin delivering healthcare services on January 2, 2013. Thereafter, this Agreement shall automatically renew for successive additional terms of one (1) year each, unless sooner terminated as provided herein. (b) Following the first twelve (12) months of this Agreement, either party may terminate this Agreement at any time, without cause, upon at least ninety (90) days prior written notice to the other party. (c) Except as otherwise provided in Section 7(a) of this Agreement, either party may terminate this Agreement immediately upon written notice to the other party in the event of such other party's breach of a material provision of this Agreement which remains uncured for a period of thirty (30) days following receipt of written notice specifying the breach complained of. (d) hn the event Client terminates this agreement without cause at any time during the initial twelve (12) months of the Agreement, Client will pay Concentra an early termination penalty in an amount equal to three (3) times the average monthly fee (based upon the amount of the monthly fee paid during the term of the Agreement) within thirty (30) days of the date of termination of the Agreement. 4. Compliance with Laws. In the performance of its duties and obligations pursuant to this Agreement, Concentra shall comply with all laws, rules, and regulations applicable to Concentra in connection therewith. Concentra further shall ensure that all personnel performing Services hereunder are appropriately licensed and/or certified to perform the Services, and be in good standing with his or her professional association. In the event that any personnel performing Services has his or her license restricted, revoked, or suspended, Concentra shall promptly remove said personnel. 5. Insurance. Promptly following the execution and delivery of this Agreement, Concentra shall provide to Client certificates of insurance evidencing Concentra's commercial general liability and professional liability insurance coverage in the amounts listed on the attached Schedule III for services rendered by Concentra. Concentra shall notify Client thirty (30) days prior to any modification, cancellation, lapse, or termination in such insurance, which may affect Client. b. Nature of Relationship. Concentra shall perform this Agreement as an independent contractor to Client and, except as specifically provided in this Agreement, Concentra shall be solely responsible for the rneans and methods used to perform its obligations to Client. Concentra and Client specifically acknowledge and agree that all individuals who will be performing services hereunder are agents or employees of Concentra and not of the Client. Nothing in this Agreement is intended or shall be construed to create a joint venture, agency, partnership, employer /employee relationship or any legal or equitable relationship other than that of client and independent contractor. 7. Non - Solicitation and Non - Recruitment. Client acknowledges and agrees that the relationship between Concentra and its affiliate employees who work with Client in the performance of Services hereunder constitutes a valuable asset of Concentra. Therefore, Client will not directly or indirectly induce, or attempt to induce, with the exception of the posting of a job vacancy in accordance with the City's hiring procedure, any employee of Concentra to terminate his or her employment or hire away or attempt to hire away any employee of Concentra, during the term of this Agreement and for one (1) year following the expiration or termination of this Agreement for any reason. Should Client solicit an employee in violation of this Section, Concentra may terminate immediately this Agreement upon written notice to Client and shall receive as liquidated damages from Client the equivalent of the early termination penalty described in Section 3(d) of this Agreement. Should Client hire an employee in violation of this Section, Concentra may terminate immediately this Agreement upon written notice to Client and shall receive as liquidated damages for each employee hired, an amount equal to one (1) time the annual salary of each employee hired. This Section shall survive the termination of this Agreement. 8. Confidentiality (a) The Client is bound by the State Public Records Act which provides for the mandatory disclosure of certain records to the public upon request. Any disclosure by the Client pursuant to the Public Records Act shall be exempt from the provisions of this section. (b) Tine parties recognize and acknowledge that in the course of performing its duties and obligations under this Agreement such parties may have access to the other party's trade secrets and confidential or proprietary information (the "hnformation "). hnformation shall include, but not be limited to, this Agreement and the terms contained herein. Each party hereby agrees that, except when required by law and the State Public Records Act, it will not disclose, in whole or in part, such Information for its own purposes or for the benefit of any other person, firm, partnership, association, corporation or business organization, entity or enterprise, In connection therewith, each party represents and warrants that any employee or agent of a party that has access to the hiformation of the other party has executed a written agreement obligating each individual to adhere to and be subject to the terms of this Section. Both parties shall maintain the confidentiality of medical records generated hereunder in accordance with applicable law and shall protect from disclosure any protected health information, as defined in 45 CFR §164.501, or individually identifiable health information as defined in 45 CFR Parts 160 -164 and the federal security standards as contained in 45 CFR Part 164. The parties shall enter into a Business Associate Addendum attached hereto as Schedule IV. (c) The parties agree that, in the event of a disclosure or threatened disclosure of such Information in a manner inconsistent with the terms of this Agreement, through any means whatsoever, the injured party may terminate this Agreement and may, in addition to any other remedies to which it may be entitled: (i) demand the return of any and all documents or other tangible items which reflect, reveal, disclose, constitute, compromise, or embody such Information and any or all copies thereof, whereupon the party disclosing, or threatening to disclose, such Information in a manner inconsistent with the terms of this Agreement shall promptly comply with such demand; and (ii) be entitled to institute and prosecute proceedings in a court of competent jurisdiction to obtain temporary and/or permanent injunctive relief to enforce any provision hereof, without the necessity of proof of actual injury, loss or damage. It is the intention of the parties hereto that, in enforcing the provisions of this Section, a court may take into consideration, among other factors, each of the parties' interest in maintaining tie confidentiality of such hnformation. Anything contained in this Section to the contrary notwithstanding, the provisions of this Section are not intended to cover information, which is in the public domain or becomes generally known. This Section shall survive the termination of this Agreement. 9. Indemnification. (a) Each party shall indemnify, defend, and hold harmless the other party, and such other party's officers, directors, employees, and affiliates, from and against any and all liability, loss, cost, or expense (including, without limitation, reasonable attorney's fees), arising out of or in connection with the negligence or misconduct of the indemnifying party in the performance of its duties and obligations pursuant to this Agreement, subject to the monetary limits set forth in Florida Statute 768.28 and the Florida Constitution as to the City. Nothing contained herein shall be deemed a waiver of the City's Sovereign Immunity. (b) In the event that a Client employed or contracted physician provides physician oversight (the "Client Physician ") to and for a Concentra employed or contracted nurse or physician assistant providing Services under this Agreement, Client shall indemnify, defend, and hold harmless Concentra, and Concentra's officers, directors, employees, and affiliates, from and against any and all liability, loss, cost, or expense (including, without limitation, reasonable attorney's fees), arising out of or in connection with the negligence or misconduct of the Client Physician, subject to the monetary limits set forth in Florida Statute 768.28 and the Florida Constitution as to the City. Nothing contained herein shall be deemed a waiver of the City's Sovereign Immunity. (c) The party seeking indemnification shall promptly notify in writing the party frorn whom indemnification is sought of any claim asserted against it for which such indemnification is sought, and shall promptly deliver to the party from whom indemnification is sought a true copy of any such claim including, but not limited to, a true copy of any summons or other process, pleading, or notice issued in any lawsuit or other proceeding to assert or enforce such claim. Where acceptance of its obligation to indemnify is deemed proper by the indemnifying party, said party reserves the right to control the investigation, trial, and defense of such lawsuit or action (including all negotiations to effect settlement) and any appeal arising therefrom and to employ or engage attorneys of its own choice. 3 (d) The party seeking indemnification may, at its own cost, participate in such investigation, trial, and defense of such lawsuit or action and any appeal arising therefrom. The party seeking indemnification and its employees, agents, servants, and representatives shall provide full cooperation to the indemnifying pail at all times during the pendency of the claim or lawsuit, including without limitation, providing them with all available information with respect thereto. This Section shall survive the termination of this Agreement. 10. Medical Records. (a) Custodian. Concentra shall serve as custodian of such medical records during the term of this Agreement. Concentra will provide copies of such medical records to the Client upon Client's written request with properly executed release from the employee /patient, Such request shall be subject to a reasonable charge for producing such records. (b) Access. Client understands and acknowledges that he /she is not entitled to access any patient medical records except to the extent minimally necessary to determine a workers compensation claim. Concentra is a "covered entity" as enumerated in 4S CFR §160.103. As a covered entity, Concentra may only disclose protected health information as authorized by and to the extent necessary to comply with laws relating to workers` compensation or other similar programs, established by law, that provide benefits for work- related injuries or illness without regard to fault. This Section shall survive the termination of this Agreement. 11. Security Audit Ri lg its. (a) Upon reasonable advance notice, Concentra reserves the right to perform security audits at the worksite to evaluate the adequacy of Information Technology Resources and Information Technology Services as defined herein. Concentra reserves the right to use appropriate tools and teelmiology to monitor, encrypt or scan as appropriate. Concentra shall be provided reasonable access to premises and technology resources to verify conformance to the terms of this Agreement. Concentra shall be permitted to conduct these audits with any or all its own internal resources or by securing the services of a third party firm, solely at Concentra's election. Concentra shall have the right to copy, at its own expense, any record related to the Services performed pursuant to this agreement. (b) For purposes of this Section, the term "hlfornation Technology Resources" includes, but is not limited to, hardware, application software, system software, and information (data), and the term "Information Technology Services" includes, but is not limited to, the management, operation (including input, processing, transmission, and output), maintenance, programming, and system administration of computer systems, networks, and telecommunications systems. All Information Technology Resources shall be sufficiently protected according to Concentra Security standards, which shall be provided in writing to Client and shall be substantially in the form attached hereto as Schedule V. 12. Miscellaneous. (a) Entire Agreement, Amendment. This Agreement contains the entire agreement and understanding of the parties with respect to the subject matter hereof, and supersedes any and all prior agreements, understandings, and arrangements, written or oral, between the parties hereto regarding the subject matter hereof. Only a written instrument executed by both parties may amend this Agreement. (b) Notices. All notices required or permitted under this Agreement shall be in writing and shall be deemed to have been properly given (i) when personally delivered, (ii) when sent via overnight delivery by a nationally recognized overnight carrier, upon the delivery date, or (iii) when sent by United States mail, three (3) business days after deposit in postage prepaid, certified or registered mail, to the following respective addresses (or to such other address or addresses as either party may designate in writing): If to Concentra: Concentra Health Services, Inc. 5080 Spectrum Drive, Suite 1200 —West Tower Addison, Texas 75001 Attn: Legal Counsel If to Client: City of Delray Beach 100 N.W. I" Avenue Delray Beach, Florida 33444 Attn: City Manager (c) Adequate Assurances. If reasonable grounds for insecurity arise with respect to Client's ability to pay for the Services in a timely fashion, Concentra may demand in writing adequate assurances of Client's ability to meet its payment obligations under this Agreement. Unless Client provides such assurances in a reasonable time and manner acceptable to Concentra, then in addition to any other rights and remedies available, Concentra may in its sole discretion (a) partially or totally suspend its performance of Services while awaiting assurances from Client, without any liability, and/or (b) require payment from Client in advance for services not yet provided, without any liability. (d) Force Maieure. Neither party shall be liable for failure to perform any duty or obligation that either may have under this Agreement where such failure has been occasioned by any act of God, fire, strike, inevitable accident, war, or any cause outside the reasonable control of the party who had the duty to perform. (e) Waiver, The failure of either party to exercise or enforce any right conferred upon it hereunder shall not be deemed to be a waiver of any such right, nor operate to bar the exercise or performance thereof at any time or times thereafter, nor shall its waiver of any right hereunder at any given time, including rights to any payment, be deemed a waiver thereof for any other time. (f) Assignment: Binding Effect, Neither party may assign this Agreement to any other person or entity without the prior written consent of the other party; provided however that Client acknowledges that certain professional services to be rendered by Concentra may be rendered by a professional association affiliated with Concentra. Notwithstanding anything contained herein to the contrary, either party may assign this Agreement, without consent, to the surviving entity in the event of a merger or sale of substantially all the assets. Subject to the foregoing, this Agreement inures to the benefit of, and is binding upon, the parties hereto and their respective successors and assigns. (g) Severability. If any provision of this Agreement is held to be illegal, invalid, or unenforceable by a court of competent jurisdiction, the parties shall, if possible, agree on a legal, valid, and enforceable substitute provision that is as similar in effect to the deleted provision as possible. The remaining portion of the Agreement not declared illegal, invalid, or unenforceable shall, in any event, remain valid and effective for the term remaining unless the provision found illegal, invalid, or unenforceable goes to the essence of this Agreement. (h) Governing Law. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the state of Florida. Said venue will be Palm Beach County, Florida. (i) Legislative Modification. Notwithstanding any other provision to the contrary: (a) in the event that any federal, state, or local law, rule, regulation, or interpretation thereof at any time during the term of this Agreement prohibits, restricts, or in any way materially changes the method or amount of reimbursement or payment for services under this Agreement, then this Agreement shall, in good faith, be amended by the parties to provide for payment of compensation in a mariner consistent with any such prohibition, restriction, or limitation, 5 and (b) with respect to any law, rule, regulation, or interpretation thereof which results in a material increase in the cost of services provided by Concentra hereunder, Concentra shall have the right to increase its fees to reach that level of prices at which it is willing to provide services hereunder. With respect to any other prohibition, restriction, or change that causes this Agreement to be impermissible or materially different in its effect than contemplated herein, the parties hereto will, in good faith, negotiate and arnend this Agreement to cause their relationship to be as consistent as possible with that which is created herein; if this Agreement is not so amended in writing prior to the effective date of said prohibition, restriction, or change, either party may terminate this Agreement upon written notice to the other party. 0) Corporate Authority. Client represents and warrants that Client has the requisite corporate power and authority to enter into this Agreement, to engage Concentra to perform the Services set forth herein, and to perform its obligations hereunder. The execution, delivery and performance by Client of this Agreement and the engagement of Concentra to perform the Services set forth herein have been duly authorized by all requisite corporate action on the part of Client. (k) Publici . Concentra shall seek Client's consent before publishing Client's name or the terms of this agreement in any advertising, written sales promotions, press releases and other publicity matters relating to this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date. ATTEST: , City Clerk Appr ved as to form: S City Attorney City of Delray Beach t.�iZi�ij� /' /� i V Date: 2012 Concentra Health Se -Vic qA�c� B {/ Name: "% IRA Title: W 1, 'a l! "`/ Date: % , 2011 I HEREBY CERTIFY that on this date before me, an officer duly authorized in the state and county name�dj"�� above to take acknowledgements, personally appeared known to me to be the person described in and who C:7 executed the foregoing instrument as (20V)C&3'► a corporation organized under the laws of the state of i L . He acknowledges before me that he executed the foregoing instrument as such officer in the name and on behalf of the corporation and that he also affixed thereto the official seal of the corporation. SWORN TO AND SUBSCRIBED before me this . -'1 17T ay of 203. Notary ii My Commission Expires: OFFICIAL SEAL MEGAN A. GRUBE NOYARY PUBLIC, STATE Of ILLINOIS f�Y o01+k#188lON EXPIRES 14.5.4048 Schedule 1— Scope of Services I. Staffing Concentra agrees to provide the appropriate staffing members to operate the City of Delray Beach's Employee Health Center. The level of staffing may change upon agreement of both parties to comply with business need, but will initially begin as the followinng model: Physician 0.525 21 Physician Assistant 0.875 35 Registered Nurse 1.0 40 Radiology Technician 1.0 40 Concentra will provide City of Delray Beach the opportunity to meet the finalist clinician and medical support staff candidates prior to final hire. All staff members will begin working on -site 2 weeks prior to opening of the medical center to allow for training. Throughout the year, Concentra may utilize additional staff members to support business need (biometric screens, flu shots, blood draws), upon approval from the City of Delray. The cost for these additional staff members will be calculated in accordance with Schedule 1I of this contract. II. Eligible Users of the Center Current employees and their dependents, including children over 2 years of age, who are covered on City of Delray Beach's benefit plan, are eligible to use the Employee Health Center. Retirees and their dependents, who are covered on City of Delray Beach's benefit plan, are eligible to use the Employee Health Center. Persons presenting for care that are not affiliated with City of Delray Beach will not be eligible to use the Employee Health Center III. Costs to Patients for Services Rendered at the Center Current employees, retirees, and their dependents, including children over the age of 2, who are covered on City of Delray Beach's benefit plan are eligible to access the Employee Health Center for urgent care, primary care, and preventive care services with no out of pocket cost. IV. Operating Hours and Utilization The initial operating schedule for the City of Delray's Employce. Health Center will be: Monday Lab Only 8AM — 9AM Full Services 9AM — 6PM closed I PM — 2PM M Tuesday Lab Only 8AM —1 OAM Fit] 1 Services I OAM -7PM closed IPM -2PM Wednesday Full Services 8AM — 5PM closed 1 PM — 2PM Lab Only 5PM -- 7PM Thursday Full Services I IAM — 5PM closed I PM — 2PM Police /Fire Physicals 5PM -- 8PM Friday Full Services 8AM --12PM Concentra will follow the following schedule for each staff member Physician Mon 9 -6 1 hr. lunch Tues 10 -7 l hr. lunch Wed Off Thurs 11 -5 1 hr. lunch Fri Off 21 hours Physician Assistant Mon 8 -5 1 hr, lunch Tues 8 -5 1 fir, lunch Weds 8 -5 1 hr. lunch Thurs 1 -8 no lunch 5p - 8p - Not Published hours. Performing Fire and Police exams at this time by agreement Fri 8 -12 no lunch 35 hours Registered Nurse Mon 8 -6 1 hr. lunch Tues 8 -7 1 hr. lunch Weds 8 -5 1 hr. lunch Thurs 11 -5 no lunch Fri' 8 -12 no lunch 37 hours of operating time. In addition, the RN and RT arrive 15 minutes early and stay 15 -30 minutes late each day to open and close the center for a total of 40 hours, Radiology Technician Mon 8 -6 1 hr. lunch Tues 8 -5 1 hr. lunch Weds 8 -5 1 hr. lunch Thurs 11 -8 1 hr. lunch 5p - 8p - Not Published hours. Performing Fire and Police exams at this time by agreement Fri 8 -12 no lunch 37 hours of operating time. In addition, the RN and RT arrive 15 minutes early and stay 15 -30 minutes late each day to open and close the center for a total of 40 hours. Clinic utilization shall be monitored monthly by both Concentra and City of Delray Beach to determine the necessary staffing and operating hours. Hours of operations may be modified periodically based on patient needs with mutual approval by Concentra and City of Delray Beach. This staffing model will support clinical services for an average daily census of 18 - 20 patient encounters per clinician per 8 -hour clinic day. If exceeded, additional clinical or medical support staff will be recommended to support patient demand, medical acuity or complexity. If declines recommendation, this may negatively impact patient satisfaction and clinic wait times and would remove any performance guarantee associated with these items. V. Scope of Clinical Services Concentra will provide the following services at the City of Delray Beach Employee Wellness Center. Urgent Care o Urgent Care - Episodic Treatment includes (but is not limited to) • Allergies (ages 6 +) • Bladder infection • Bronchitis • Ear infections • Minor eye irritations • Sinus infections • Colds and influenza • Sore throat • Swimmer's car • Diarrhea ■ Sprains ■ Splinter removal ■ Minor burns and rashes • Minor skin infections • Swimmers itch Primary Care o Primary Care Treatment, in addition to above conditions, includes but is not limited to • Clinical preventive services • Common immunizations for adults only • Flu shots • Health education and training • Asthma • Diabetes • High cholesterol • High blood pressure • Weight management • Emphysema • Laboratory testing as ordered by Concentra's clinicians • Biometric Screenings & HRA • Referrals to employee assistance program • Referrals to behavioral health program • Allergy and disease modifying agent injections • Annual personal physical examinations 10 • Regulatory compliance examinations • Drug/alcohol testing - pre - employment, post - accident and reasonable suspicion, DOT • Cotinine testing • X -ray services • Police and Firefighter physical examinations • Other items as mutually approved in writing by Concentra and the City of Delray Beach. Concentra's on -site clinician will have the final determination on the appropriateness of any care provided to patients. This clinician may provide less or more than the items mentioned above if deemed appropriate for patient care in an emergency situation. VI. Worksite Dispensing of Pharmaceuticals Concentra will dispense prepackaged prescription medications included in a formulary mutually agreed upon by Concentra and City of Delray Beach and will charge for these items as described in Schedule 11 of this agreement. Concentra will dispense prepackaged, aver - the - counter medications and will charge for these items as described in Schedule lI of this agreement. For medications not available on -site, Concentra will prescribe per the formulary guidelines of City of Delray Beach's PBM partner. VII. Technology & Reporting Health information will be collected and stored in a secure and professional manner. Concentra will use an electronic medical record system to document and manage health data and support electronic prescribing. Appointment scheduling will be managed by the worksite medical support staff from the main clinic phone number; online scheduling may also be utilized for self-scheduled appointments. Quarterly stewardship reports will be delivered within 30 days of the calendar quarter, unless pre - approved by City of Delray Beach. Concentra will create an electronic data interface with Gallagher Benefits for purposes of transmitting patient treatment data in accordance with the terms outlined in a mutually executed Business Associate Agreement. VIII. Coin inunic a tions I Promotion Promotion/Marketing of services to enhance employee engagement will be coordinated with City of Delray Beach's Human Resource representatives and other vendor partners as appropriate. Concentra will provide Concentra's internally prepared templates for marketing / communications at no additional cost beyond the fees described in Schedule 11. The City of Delray Beach will be responsible for printing and distribution of any marketing materials, IX. Supplies & Equipment Supply inventory will be managed by Concentra; City of Delray Beach will be invoiced monthly for costs. Routine maintenance will be monitored by Concentra operations; City of Delray Beach will be responsible for any costs associated with these items, as outlined in Schedule II of this agreement. X. Quality Assurance / Audits Concentra will assure quality management, auditing, and physician oversight to this worksite practice. Each mid -level clinician will have 10 random chart audits per month by the collaborating physician. Deficiencies will be documented and noted in the quarterly stewardship report. Concentra will conduct periodic quality assurance audits and will provide the results of these audits during regularly scheduled stewardship meetings. Concentra will conduct patient satisfaction surveys and will provide the results of these surveys during regularly scheduled stewardship meetings. Concentra will manage all licensing and quality assurance requirements for the on -site radiology equipmenYt. XI. Client Responsibilities The following items will be provided by City of Delray Beach during implementation and ongoing to support the worksite medical practice: •Identify key contacts at beginning of implementation process •Provide site access for Concentra implementation team during the implementation process *Construction / build out of medical center *Provide utilities for medical center •Provide internet connectivity and phone line for medical center *Provide technology hardware 30 days prior to clinic opening (if client is providing hardware per contract) *Contract execution prior to first day of clinic operation (Concentra will not be able to provide patient care without an executed agreement) •Participation in weekly team calls /meetings with Concentra implementation leadership •Support to mutually develop engagement plan strategy and outreach to employees/dependents ,Final screening of proposed on -site staff members to approve of cultural fit within organization INa Schedule II — Compensation for Worksite SeiTices 1. Staffing and Labor Concentra will bill the City of Delray Beach on a monthly basis for the costs associated with staffing and labor. This "Monthly Labor Fee" will be determined to be the cost of all staff wages during the calendar period, plus a 74.7% markup. Included in this cost are the following items for all regularly staffed positions: • Staff salaries, wages, employee benefits, recruiting, credentialing, continuing education and training • Coverage for time off (vacation, personal, sick leave) • Account management • Medical direction and oversight • Professional licenses and fees • Membership in professional organizations • General and administrative fees • Management fees As described above, this markup includes the cost for backfill for regularly staffed positions, but does not include additional staff members who are utilized on a temporary basis for a specific business need (biometric screenings, flu shots, etc.). The charge for these additional temporary staff members will be consistent with the cost -plus model described above (salary + 74.7% markup). 2. Start -Up One Time Implementation Costs:_ Implementation Staffing Costs - Concentra will begin staffing 2 weeks (determined by facility availability and the City of Delray Beach) prior to clinic opening. Concentra will bill staff costs during this time period consistent with the fee schedule above. Initial Equipment TBD based upon existing inventory (Incurred charges will be passed through with a 10% procurement administration fee) Initial Supplies TBD based upon existing inventory ( hncurred charges will be passed through with a 10% procurement administration fee) Pharmacy Inventory Pass through acquisition cost hnplementationPTravel/Traiiiing /Meetings $15,000 WebChart IT /Software 3. On -doing Fees: $20,000 Armival EMR/HER subscription/maintenance fees and IT support Fee $16,000 Medical supplies, office supplies, promotion and communication materials, laundry, waste disposal: Concentra will pass through the cost for these items in the mouth in which they were incurred with a l0% procurement administration fee. Laboratory Fees: 13 Concentra will collect laboratory samples and send to the City of Deh-al,'s preferred laboratory foi- p-ocessing. The costfor this pi-ocessil7g ►t,ill be coordinated beiii eeri the lab and the City ofDelray's third party adrninistlator. Pharmacy pees: Concentra will pass through St. Mary's charges for medication acquisition. 4. Optional ProLrams: Staffing for Biometric Events (as needed) TBD at time of screening Health Risk Assessments Paper -based HRA • $1 5.00 pet- participant • Printing1mailing hichrcled Online HRA • $10.00 per participant $7.50 per participant foi- prirrtiirghiaailiiig (if desired) Cholestech Analysis for Biometric Screen • Includes cholesterol and blood sugar results Cotinine Analysis for Biometric Screen Other Terms and Conditions: $15.00 Sent to the City's preferred laboratory Upon each anniversary of this agreement, Staffing and Labor Fees as well as On -going Fecs will increase as described in the Master Services Agreement, Provider(s) hours will be scheduled and mutually agreed by both parties. Holiday coverage not included in pricing, Concentra observes the following holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving, Christmas Day and Floating Holiday. To the extent that there is a conflict between the holiday schedule of Concentra and Client, the holiday schedule of Client shall govern this Agreement. Mutually pre - approved travel and mileage (at the IRS rate) expenses incurred in the performance of required services will be billed back at actual cost without additional markup or management fee. Costs for additional items purchased through Concentra's vendor relationships necessary to support the operation of the on -site medical programs, including but not limited to medical supplies, office supplies, medical equipment, vaccinations, laboratory testing, and equipment maintenance, will be passed through at 10% procurement administration fee. Client will have the opportunity to review and approve these items prior to purchase or order. Nothing in this Agreement requires Client to purchase items through Concentra's vendor relationships. However, Concentra will only provide detail reporting and analysis on the purchases made through Concentra's vendor relationships. The Client agrees to provide purchasing data to Concentra as necessary and in a mutually agreed format for purchases made outside of Concentra's vendor relationships for inclusion in Concentra's stewardship reports. 14 Schedule III Insurance Concentra shall maintain, throughout the term of this Agreement, at its sole expense, professional liability insurance coverage, or adequate self-insurance, with limits of not less than one million dollars ($1,000,000) per occurrence and three million dollars ($3,000,000) annual aggregate. Where applicable, limits shall be in accordance with the Patient Compensation Fund Guidelines. Commercial General Liabili , Coverage: $1,000,000 per occurrence $3,000,000 general aggregate Concentra will extend Additional Insured status to clients as it relates to services we are providing to them per written agreement. Automobile Liability Coverage: $3,000,000 combined single limit Concentra will extend Additional insured status to clients as it relates to services we are providing to them per written agreement. Workers' Compensation Coverage'. Each State mandates Statutory Limits and then Employers' Liability Coverage is $2,000,000 each accident; $2,000,000 disease - policy limit and $2,000,000 disease- each employee Additional Insured: The City of Delray Beach shall be included as an additional insured on the contractor's liability insurance policies required under this Contract. Notwithstanding any laws to the contrary, the City of Delray Beach shall be named as an additional insured but only to the extent of monetary limits as set forth by Florida Statute 768.28 and the Florida Constitution. Nothing contained herein shall be deemed a waiver of the City's Sovereign Immunity. Evidence of Insurance; Prior to the commencement by Concentra of any work under this Contract, the City must receive and approve Certificates of Insurance evidencing the insurance coverages and requirements as required by this Contract. Certified copies of the policies will be provided if requested by the City. Renewal Certificates shall be provided to the City at least ten (10) days prior to the expiration of any policy. If at any time Concentra fails to maintain, or provide evidence of insurance coverage required by this Contract, all work may be halted by the City. The City, at its option, may procure and maintain such required insurance and demand from Contractor reimbursement of premiums paid, including reasonable interest until the reimbursement is recovered from the Contractor by the City. Cancel lation/Changes /Rcnewal; At least thirty (30) days written notice must be given to the City of any cancellation, intent to non - renew, or material reduction or change in insurance coverage. 15 Seltedule IV HIPAA BUSINESS ASSOCIATE AGREEMENT THIS AGREEMENT is entered into by and between City of Delray Beach on behalf of its affiliates that underwrite or administer health plans (hereinafter "Covered Entity ") and Concentra Health Services, Inc. (hereinafter "Business Associate "). WITNESSETH WHEREAS, Covered Entity and Business Associate have entered into an Agreement for Services at a Worksite Medical Facility (Hereinafter the Arrangement) pursuant to which Business Associate agrees to provide healthcare services; and WHEREAS, Covered Entity and Business Associate desire to enter into a HIPAA Business Associate Agreement (hereinafter the Agreement) as follows: Scope of Agreement A. In conformity with the regulations at 45 C.F.R. Parts 160 -164 (the: "Privacy and Security Rules "), Covered Entity will provide Business Associate with access to, or have Business Associate create, maintain, transmit and /or receive certain Protected Health Information ( "PHI" as defined below), thus necessitating a written agreement that meets the applicable requirements of the Privacy and Security Rules under the Health Insurance Portability and Accountability Act of 1996, Public Law 104 -191 ( "HIPAA "). B. Covered Entity and Business Associate intend to protect the privacy and provide for the security of PHI disclosed to Business Associate pursuant to this Agreement in compliance Nvith HIPAA and the regulations promulgated thereunder by the U.S. Department of Health and Human Services, including, but not limited to, Tide 45, Section 164.504(e) of the Code of Federal Regulations ( "CFR" ), as the same may be amended from time to time and other applicable state and federal laws, rules and regulations regarding privacy and security of personal information. C. The parties acknowledge that state and federal lazes relating to electronic data security and privacy are rapidly evolving and that further amendment of this Agreement may be required to provide for procedures to ensure compliance with such developments. The parties specifically agree to take such action as is necessary to implement the standards and requirements of HIPAA, the HIPAA Regulations and other applicable laws relating to the security or confidentiality of PHI. D. In the event of any conflict between this Agreement and the Arrangement as to the subject matter referenced herein, this Agreement shall control. In consideration of the mutual promises below and the exchange of Information pursuant to this Agreement, the parties agree as follows: 1. Definitions. The following terms shall have the meaning set forth below: (a)ARRA. "ARRA" means the American Recovery and Reinvestment Act of 2009 16 (b) C. F. R. "C.F. R." means the Code of Federal Regulations. (c) Designated Record Set. "Designated Record Set" has the meaning assigned to such term in 45 C. F. R. 160.501. (d) Discovery. "Discovery" shall mean the first day on which a Security Breach is known to Business Associate (including any person, other than the individual committing the breach, that is an employee, officer, or other agent of Business Associate), or should reasonably have been known to Business Associate, to have occurred. (e) Electronic Health Record. "Electronic Health Record" means an electronic record of health - related information on an individual that is created, gathered, managed and consulted by authorized health care clinicians and staff. ( Electronic Protected Health Information. "Electronic Protected Health Information" means information that comes within paragraphs 1 (i) or 1 (ii) of the definition of "Protected Health Information ", as defined in 45 C. F. R. 160.103. (g) Individual. "Individual' shall have the same meaning as the term "individual" in 45 C. F. R. 164.501 and shall include a person who qualifies as personal representative in accordance with 45 C. F. R. 164.502 (g). (h) Protected Health Information. "Protected Health Information" shall have the same meaning as the term "Protected Health Information', as defined by 45 C. F. R. 160.103, limited to the information created or received by Business Associate from or on behalf of Covered Entity. (i) Required by Law. "Required by Law" shall have the same meaning as the term "required by law" in 45 C. F. R. 164.501. (j) Secretar =. "Secretary" shall mean the Secretary of the Depattn-tent of Health and Human Services or his designee. (k) Security Breach. "Security Breach" means the unauthorized acquisition, access, use or disclosure of Protected Health Information which compromises the security or privacy of such information, except where an unauthorized person to whom such information is disclosed would not reasonably have been able to retain such information. Security Breach does not include: (i) any unintentional acquisition, access, or use of Protected Health Information by an employee or individual acting under the authority of Business Associate if: (a) such acquisition, access or use was made in good faith and within the course and scope of the employment or other professional relationship of such employee or individual, respectively, with Business Associate; and (b) such information is not further acquired, accessed, used or disclosed by any person; or (ii) any inadvertent disclosure frorn an individual who is otherwise authorized to access Protected Health Information at a facility operated by Business Associate to another similarly situated individual at the same facility; and 17 (iii) any such information received as a result of such disclosure is not further acquired, accessed, used or disclosed without authorization by any person. (i) Security Breach Compliance Date. "Security Breach Compliance Date' means the date that is thirty (30) days after the Secretary publishes interim final regulations to carry out the provisions of Section 13402 of Subtitle D (Privacy) of ARRA.. (m) Security Incident. "Security Incident" shall have the same meaning as the term "security incident" in 45 C. F. R. 164.304. (n) Segregation of duties. "Segregation of duties" is a method for reducing the risk of accidental or deliberate system misuse. Care should be taken that no single person can access, modify or use assets without authorization or detection. The initiation of an event should be separated from its authorization. The possibility of collusion should be considered in designing the controls. (o) Standard Transactions. "Standard Transactions" means the electronic health care transactions for which HIPAA standards have been established, as set forth in 45 C. F. R., Parts 160 -162. (p) Unsecured Protected Health Information. "Unsecured Protected Health Information" rneans Protected Health Information that is not secured through the use of a technology or methodology specified by guidance issued by the Secretary from time to time. 2. Obligation of Business Associate. (a) Permitted Uses and Disclosures. Business Associate may create, use and /or disclose Covered Entity Patient's PIII pursuant to the Arrangernent or this Agreement in accordance with the specifications set forth below provided that such use or disclosure would not violate the Privacy and Security Rules if done by Covered Entity or the minimum necessary policies and procedures of Covered Entity. ❑ Eligibility, claims information and diagnosis code(s) for the sole purpose of technology implementation ❑ Eligibility, diagnosis code(s) and claims information for the sole purpose application development ❑ Eligibility, diagnosis code(s) and claims information for the sole purpose of application design and testing ❑ Eligibility, diagnosis codes, and claims information for the sole purpose of consulting and project management ❑ Eligibility, diagnosis codes, and claims information for the sole purpose of providing telecommunication services. ❑ Eligibility and claims information for the sole purpose of clairns processing and payment, billing and reimbursement decisions. ❑ Eligibility and diagnosis code(s) for the sole purpose of inpatient care coordination. ❑ Eligibility, claims information and diagnosis code(s) for the sole purpose of outpatient care coordination. 18 ❑ Medical records for the sole purpose of auditing activities related to credentialing and recredentialing. ❑ Eligibility and claims information for the sole purpose of utilization review and utilization management. ❑ Eligibility and claims information for the sole purpose of medical necessity reviews. ❑ Eligibility information for the sole purpose of referral approval decisions. ❑ Eligibility and claims information for the sole purpose of assisting in patient specific quality improvement activities. ❑ Eligibility, claims information and utilization review and management information for the sole purposes of providing temporary staffing services ❑ Eligibility, claims information and utilization review and management informmation for the sole purpose of providing, repairing and maintaining equipment and supplies. ❑ Eligibility, claims information and utilization review and management information for the sole purpose of providing services in the form of creating forms and the printing of documents. ❑ Eligibility information for the sole purpose of providing a health information line. ❑ Patient health information for the sole purpose of associate training. ❑ Claims data for the purpose of data referencing and archiving. ❑ Eligibility, claims information, and medical record for the sole purpose of claims processing and payment, billing and reimbursement decisions. ❑ Eligibility, diagnosis code(s), claims information, patient case management file and medical record for the sole purpose of inpatient care coordination. ❑ Eligibility, claims information, diagnosis code(s), patient case management file and medical record for the sole purpose of outpatient care coordination. ❑ Eligibility, claims informmation, diagnosis code(s), medical record, patient specific adverse deterrmination and case management files and referral data for the sole purpose of utilization review and utilization management. ❑ Eligibility, claims information, diagnosis codes, medical record, and patient specific adverse determination (denial file) and case management files for the sole purpose of medical necessity reviews. ❑ Eligibility and medical record for the sole purpose of referral denial decisions. ❑ Eligibility, clairns information, medical record, referral data, utilization management data and case management files for the sole purpose of assisting in patient specific quality improvement activities. 19 ❑ Medical records, referral data and utilization management data for the sole purpose of auditing activities related to credentialing and recredentialing. (b) Specific Use and Disclosure Provisions (1) Except as otherwise prohibited by this Agreement, Business Associate may use Protected Health Information for the proper management and administration of the Business Associate or to carry out the legal responsibilities of the Business Associate. (2) Except as otherwise prohibited by this Agreement, Business Associate may disclose Protected Health Information for the proper management and administration of the Business Associate, provided that disclosures are Required By Law, or Business Associate obtains reasonable assurances from the person to whom the information is disclosed that it will remain confidential and used or further disclosed only as Required By Law or for the purpose for which it was disclosed to the person, and the person notifies the Business Associate of any instances of which it is aware in which the confidentiality of the information has been breached in accordance with the Security Breach and Security Incident notifications requirements of this Agreement. (3) Business Associate shall not directly or indirectly receive remuneration in exchange for any Protected Health Information of an individual without Covered Entity's prior written approval and notice from Covered Entity that it has obtained from the individual, in accordance with 45 C.F.R. 164.508, a valid authorization that includes a specification of whether the Protected Health Information can be further exchanged for remuneration by Business Associate. 11-le foregoing shall not apply to Covered Entity's payments to Business Associate for services delivered by Business Associate to Covered Entity. (4) Except as otherwise prohibited by this Agreement, Business Associate may use Protected Health Information to provide data aggregation services to Covered. Entity as permitted by 42 C.F.R. 164.504(e) (2)(i) (B). (5) Business Associate may use Protected Health Information to report violation of laxv to appropriate Federal and State authorities, consistent with 164.502 0 }(1). (c) Data Aggregation Services. For purposes of this Section, "Data Aggregation" means, with respect to Covered Entity's PHI, the combining of such PHI by Business Associate with the PHI received by Business Associate in its capacity as a Business Associate of another covered entity, as that term is defined under HIPAA to permit data analyses that relate to the health care operations of the respective Covered Entities. If applicable, Business Associate shall provide the following Data Aggregation services relating to the health care operations of Covered Entity, as such Business Associate shall comply -,,6th restrictions on the use and disclosure of PHI. Covered Entity shall notify Business Associate of such restrictions upon the effective elate of this Agreement. Outcomes data aggregation • Profiling of utilization patterns, outcomes and prescribing patterns of providers Geographic profiling of patterns of care rendered to Covered Entity Patients F (d) Nondisclosure. Business Associate agrees to not use or disclose Protected Health Information other than as permitted or required by this Agreement or as Required By Law. Business Associate shall also comply with any further lintations on uses and disclosures agreed to by Covered Entity in accordance with 45 C.F.R. 164.522 provided that such agreed upon limitations have been communicated to Business Associate according with Section 3(d) of this Agreement. (e) Safeguards. a, ards. Business Associate shall use appropriate safeguards to prevent use or disclosure of PHI other than as specifically provided for by the Arrangement or this Agreement. Such safeguards shall at a ininimum include: (i) a comprehensive written information privacy and security policy; and (ii) a program that includes administrative, technical and physical safeguards appropriate to the size and complexity of the Business Associate's operations and the nature and scope of his /leer /its activities; and (iii) periodic and mandatory privacy and security training and awareness to its employees and subcontractors; and (iv) appropriate confidentiality agreements `vith all employees, subcontractors, independent contractors and any entity to which Business Associate has delegated or sub - delegated his /her /its rights, duties, activities and /or obligations under the Arrangement or this Agreement which contain terms and conditions that are the same or similar to those contained in this Agreement; and (v) duties and areas of responsibility should be segregated to reduce opportunities for unauthorized or unintentional modification or misuse of Covered Entity or Business Associates assets. ( Reporting of Disclosures and Mitigation. Business Associate shall provide immediate written notice to Covered Entity of any use or disclosure of PHI other than as specifically provided for by the Arrangement or this Agreement. Such notice shall be provided in the manner set out in this .Agreement. Business Associate agrees to mitigate, to the extent practicable, any harmful effect that is known to Business Associate of a use or disclosure of Protected Health Information by Business Associate in violation of the requirements of this .Agreement. {g) Contractors. It is understood and agreed that Business Associate shall maintain written confidentiality agreements with contractors, including without limitation subcontractors and independent contractors, as necessary to perform the services required under the Arrangement, in a form consistent with, the terms and conditions established in this Agreement. Sample copies of the standard confidentiality agreeirients between Business Associate and contractors will be made available upon request. Business Associate agrees and shall require contractors to agree that in the event of any conflict between such Confidentiality Agreements and this Agreement, the language in this Agreement shall control. Business Associate agrees to notify Covered Entity of any material change(s) to the aforementioned agreements at least thirty (30) days prior to implementing such change(s). Business Associate shall ensure that any agents, including subcontractors, to whom it provides Covered Entity Patient's PHI received from, created by, or received by Business Associate on behalf of Covered Entity, agrees to the same restrictions and conditions that apply to Business .Associate with respect to such PHI. In no event shall Business Associate, Mthout Covered Entity's prior written approval, provide Protected Health Information received from, or created or received by Business Associate on behalf of Covered Entity, to any einployee or agent, including a subcontractor, if such employee, agent or subcontractor receives, processes or otherwise has access to the Protected Health Information outside of the United States. (h) Availability of Information. Business Associate agrees to provide access, at the request of Covered Entity, and in the time and manner designated by Covered Entity, to Protected Health Information in a Designated Record Set, to Covered Entity or, as directed by Covered Entity, to an Individual in order to meet the requirements under 45 C.F.R. 164.524. Covered Entity's determination of what constitutes "Protected Health Information" or a "Designated Record Set" shall be final and conclusive. If Business Associate provides copies or summaries of Protected Health Information to an Individual it may impose a reasonable, cost -based fee in accordance with 45 C.F.R. 164.524 (c)(4). 41 (i) Amendment of PHI. Business Associate shall snake PHI available to Covered Entity as reasonably required to fulfill Covered Entity's obligations to amend such PHI pursuant to 141PAA and the HIPAA Regulations, including, but not limited to, 45 CFR Section 164.526 and Business Associate shall, as directed by Covered Entity, incorporate any amendments to PHI into copies of such PHI maintained by Business Associate. (j) Internal Practices. Business Associate agrees to make (i) internal practices, books, and records, including policies and procedures, relating to the use and disclosure of Protected Health Information received from, or created or received by Business Associate on behalf of, Covered Entity, and (ii) policies, procedures, and documentation relating to the safeguarding of Electronic Protected Health Information available to Covered Entity, or at the request of the Covered Entity to the Secretary, in a time and manner designated by Covered Entity or the Secretary, for purposes of the Secretary determining Covered Entity's compliance \with the Privacy and Security Rules. (k) Notification of Breach. Beginning on the later of the Effective Date of this Agreement, Business Associate agrees to report to Covered Entity any potential Security Breach of Unsecured Protected Health Information without unreasonable delay and in no case later than five (5) calendar days after Discovery of a Security Breach. Such notice shall include:(i) the identification of each individual whose Unsecured Protected Health Information has been, or is reasonably believed by Business Associate, to have been, accessed, acquired, or disclosed; and (ii)a brief description of the event; and (iii) the date of the potential Security Breach; and (iv) the date of discovery; and (v) the type of Protected Health Information involved; and (vi) any preliminary steps taken to mitigate the damage; and (vii) a description of any investigatory steps taken. In addition, Business Associate shall provide any additional information reasonably requested by Covered Entity for purposes of investigating the Security Breach. Business Associate's notification of a Security Breach under this section shall comply in all respects «itln each applicable provision of Section 13400 of Subtitle D (Privacy) of ARRA and related guidance issued by the Secretary from time to time. Breach notifications must be reported to Covered Entity by one of the following methods: By Nfail: Patricia Lewandowski, Privacy Officer of the City of Delray Beach 100 NW V Ave Delray Beach, Florida 33444 By Phone: (561) 243- -7154 By email: lewando-,vsk a mydelraybeach .corn (1) In addition to the foregoing, Business Associate agrees that in the event of a security incident, Covered Entity shall have the sole right to determine: (i) whether notice is to be provided to any individuals, regulators, law enforcement agencies, consumer reporting agencies, media outlets and /or HHS, or others as required by law or regulation, or in Covered Entity's discretion; and (ii) the contents of such notice, whether any type of remediation may be offered to affected persons, and the nature and extent of any such remediation. Any such notice or rernediation shall be at Business Associate's sole cost and expense. (in) Business Associate agrees to document such disclosures of Protected Health Information as would be required for Covered Entity to respond to a request by an Individual for an accounting of disclosures of Protected Health Information in accordance with 45 C.F.R. 164.528. 22 (n) Business Associate agrees to provide to Covered Entity, in the time and manner designated by Covered Entity, the information collected in accordance with Section 2(k) of this Agreement, to permit Covered Entity to respond to a request by an Individual for an accounting of disclosures of Protected Health Information in accordance with 45 C.F.R. 164.528. In addition, with respect to information contained in an Electronic Health Record, Business Associate shall document, and maintain such documentation for three (3) years from date of disclosure, such disclosures as would be required for Covered Entity to respond to a request by an Individual for an accounting of disclosures of information contained in an Electronic Health Record, as required by Section 13405(c) of Subtitle D (Privacy) of ARRA and related regulations issued by the Secretary from time to time. (o) Business Associate acknowledges that it shall request from Covered Entity and so disclose to its affiliates, agents and subcontractors or other third parties: (i) the information contained in a `limited data set," as such term is defined at 45 C.F.R. 164.514(e)(2); or, (ii) if needed by Business .Associate, to the minimum necessary to accomplish the intended purpose of such requests or disclosures. In all cases, Business Associate shall request and disclose Protected Health Information only in a manner that is consistent with guidance issued by the Secretary from time to time (p) With respect to Electronic Protected Health Information, Business Associate shall implement and comply with (and ensure that its subcontractors implement and comply with) the administrative safeguards set forth at 45 C.F.R. 164.308, the physical safeguards set forth at 45 C.F.R. 310, the technical safeguards set forth at 45 C.F.R. 164.312, and the policies and procedures set forth at 45 C.F.R. 164.316 to reasonably and appropriately protect the confidentiality, integrity, and availability of the Electronic Protected Health Information that it creates, receives, maintains, or transmits on behalf of Covered Entity. Business Associate acknowledges that on the Effective Date of this Agreement: (i) the foregoing safeguard, policies and procedures requirements shall apply to Business Associate in the same manner that such requirements apply to Covered Entity; and (ii) Business Associate shall be liable under the civil and criminal enforcement provisions set forth at 42 U.S.C. 1320d -5 and 1320d --6, as amended from time to time, for failure to comply «nth the safeguard, policies and procedures requirements and any guidance issued by the Secretary from time to time with respect to such requirements. (q) With respect to Electronic Protected Health Information, Business Associate shall ensure that any agent, including a subcontractor, to whom it provides Electronic Protected Health Information, agrees to implement reasonable and appropriate safeguards to protect it. (r) Business Associate shall report to Covered Entity any Security Incident of which it becomes aware. For purposes of reporting to Covered Entity, any attempted unsuccessful Security Incident means any attempted unauthorized access that prompts Business Associate to investigate the attempt or review or change its current security measures. (s) I£ Business Associate conducts any Standard Transactions on behalf of Covered Entity, Business Associate shall comply with the applicable requirements of 45 C.F.R. Parts 160- -162. (t) During the term of this Agreement, Business Associate may be asked to complete a security sutirey ,and/or attestation document designed to assist Covered Entity in understanding and documenting Business Associate's security procedures and compliance with the requirements contained herein. Business Associate's failure to complete either of these documents within the reasonable timeframe specified by Covered Entity shall constitute a material breach of this Agreement. 23 (u) Business Associate acknowledges that on the Effective Date of this Agreement, it shall be liable under the civil and criminal enforcement provisions set forth at 42 U.S.C. 1320d --5 and 1320d -6, as amended from time to time, for failure to comply with any of the use and disclosure requirements of this Agreement and any guidance issued by the Secretary from time to time with respect to such use and disclosure requirements. 3. Obligations of Covered EnI4% (a) Covered Entity will use appropriate safeguards to maintain the confidentiality, privacy and security of Protected Health Information in transmitting same to Business Associate pursuant to the Arrangement and this Agreement. (b) Covered Entity shall notify Business Associate of any limitation(s) in Covered Entity's notice of privacy practices that Covered Entity produces in accordance with 45 C.F.R. 164.520 (as well as any changes to that notice), to the extent that such lfinitation(s) may affect Business Associate's use or disclosure of Protected Health Information. (c) Covered Entity shall provide Business Associate with any changes in, or revocation of, permission by Individual to use or disclose Protected Health Information, to the extent that such changes affect Business Associate's use or disclosure of Protected Health Information. (d) Covered Entity shall notify Business Associate of any restriction to the use or disclosure of Protected Health Information that Covered Entity has agreed to in accordance with 45 C.F.R. 164.522, to the extent that such restriction may affect Business Associate's use or disclosure of Protected Health Information. 4, Audits, Inspection and Enforcement. From time to time upon reasonable advance notice, or upon a reasonable determination by Covered Entity that Business Associate has potentially or actually breached this Agreement, Covered Entity may inspect the facilities, systems, books, procedures and records of Business Associate to monitor compliance with this Agreement. Business Associate shall promptly remedy any violation of any term of this Agreement and shall certify the same to Covered Entity in writing. To the extent that Covered Entity determines that such examination is necessary to comply with Covered Entity's legal obligations pursuant to HIPAA relating to certification of its security practices, Covered Entity or its authorized agents or contractors, may, at Covered Entity's expense, examine Business Associate's facilities, systems, procedures and records as may be necessary for such agents or contractors to certify to Covered Entity the extent to which Business Associate's administrative, physical and technical safeguards comply with HIPAA, the HI13AA Regulations or this Agreement. 5, Waiver. Waiver, whether expressed or implied, of any breach of any provision of this Agreement shall not be deemed to be a waiver of any other provision or a waiver of any subsequent or continuing breach of the same provision. In addition, waiver of one of the remedies available to either party in the event of a default or breach of this Agreement by the other party, shall not at any time be deemed a waiver of a party's right to elect such retnedy(ies) at any subsequent time if a condition of default continues or recurs. 6. Termination. (a) Terris. The provisions of this Agreement shall take effect on the Agreement's Effective Date and shall terminate when all of the Protected Health Information provided by Covered Entity to Business 24 Associate, or created, maintained, transmitted or received by Business Associate on behalf of Covered Entity, is destroyed or returned to Covered Entity, or, in accordance -Mth Section 6(c)(2) (b) Termination for Cause. Without limiting the termination rights of the parties pursuant to the Agreement and upon, either party's knowledge of a material breach of this Agreement by the other party, the nonbreaching party shall provide an opportunity for the breaching party, to cure the breach or end the violation, or terminate the Agreement, if the breaching party does not cure the breach or end the violation vrithin the time specified by the non- breaching party, or immediately terminate this Agreement, if, in the non - breaching party's reasonable judgment cure is not possible. (c)Effect of Termination. (1) Except as provided in Section 6(c), upon termination of this Agreement, for any reason, Business Associate shall return or destroy all Protected Health Information received from Covered Entity, or created, maintained, transmitted or received by Business Associate on behalf of Covered Entity. This provision shall apply to Protected Health Information that is in the possession of subcontractors or agents of Business Associate. Business Associate shall retain no copies of the Protected Health Information. (2) In the event the Business Associate determines that retuning or destroying the Protected Health Information is infeasible, Business Associate shall provide to Covered Entity notification of the conditions that make return or destruction infeasible. Upon mutual agreement of the parties that return or destruction of Protected Health Information is infeasible, per Section 6(a) above, Business Associate shall continue to extend the protection of this Agreement to such Protected Health Information and limit further uses and disclosures of such Protected Health Information for so long as Business Associate maintains such Protected Health Information. (d) Judicial or Administrative Proceedings. Either party may terminate the Arrangement, effective immediately, if (i) the other party is named as a defendant in a criminal proceeding for a violation of HIPAA or (ii) a finding or stipulation that the other party has violated any standard or requirement of I IIPAA or other security or privacy laws is made in any administrative or civil proceeding in which the party has been joined. 7. Indemnification. Covered Entity and Business Associate will indemnif,, subject to the monetary limits set forth in Florida Statute 768.28 and the Florida Constitution as to the City, hold harmless and defend the other party to this Agreement from and against any and all claims, losses, liabilities, costs and other expenses incurred as a result of, or arising directly or indirectly out of or in connection with: (i) any misrepresentation, breach of warranty or non -fulf llinent of any undertaking on the part of the party under this Agreement; and (ii) any claims, demands, awards, judgments, actions and proceedings made by any person or organization arising out of or in any way connected with the party's performance under this Agreement. Nothing contained herein shall be deemed a waiver of the City's Sovereign Immunity. 8. Disclaimer. Covered Entity makes no warranty or representation that compliance by Business Associate with this Agreement, HII'AA or the HIPAA Regulations will be adequate or satisfactoly for Business Associate's own purposes or that any information in Business Associate's possession or control, or transmitted or received by Business Associate, is or will be secure from unauthorized use or disclosure. Business Associate is solely responsible for all decisions made by Business Associate regarding the safeguarding of PHI. 9. Assistance in Litigation or Administrative Proceedings. Business Associate shall make itself, and any subcontractors, employees or agents assisting Business Associate in the performance of its obligations under 25 the Arrangement, available to Covered Entity =, at no cost to Covered Entity, to testify= as witnesses, or otherwise, in the event of litigation or administrative proceedings being conntnenced against Covered Entity, its directors, officers or employees based upon claimed violation of HIPAA, the HI13AA Regulations or other laws relating to security and privacy, except where Business Associate or its contractor, employ =ee or agent is a named adverse party. 10. Costs RecoveU. Business Associate, at its own cost and expense shall: • promptly furnish to Covered Entity full details of the breach. For purposes of this section, Breach shall mean any suspected or actual breach of security, intrusion or unauthorized use or disclosure of PHI and /or any actual or suspected use or disclosure of data in violation of any applicable federal or state laws or regulations; • assist and cooperate fully with Covered Ent4y in Covered Entity's investigation of Business Associate, employees, contractors, sub- - contractors, agents or other third patties related to the security incident, including but not limited to providing Covered Entity with physical access to the facilities and operations affected, facilitating intervie\vs with emplo yees and others involved in the matter, and making available all relevant records, logs, files, systems and data; • promptly use its best efforts to prevent a recurrence of any such security incident 11.No Third Party= Beneficiaries. The parties have not created and do not intend to create by this Agreement any third party rights under this Agreement, including but not limited to Patients. There are no third party beneficiaries to this Agreement. 12. Receipt of PHI. Business Associate's receipt of Covered Entity Patient's PHI pursuant to the transactions contemplated by the Arrangement shall be deemed to begin on the execution date below, and Business Associate's obligations under this Agreement shall commence with respect to such PHI upon such receipt. 13.1nterpretation. The parties agree that any ambiguity in this Agreement shall be resolved in favor of a meaning that complies and is consistent with HIPAA and the HIPAA Regulations. 14. RegulatoiT References. A reference in this Agreement to a section in the Privacy and Security Rules means the section as in effect or as amended. 15. Amendment. Upon the enactment of any law or regulation affecting the- use or disclosure of Protected Health Information, the safeguarding of Electronic Protected Health Information, or the publication of any decision of a court of the United States or any state relating to any such law or the publication of any interpretive policy or opinion of any governmental agency charged with the enforcement of any such law or regulation, either party may, by written notice to the other party, amend the Agreement in such manner as such party determines necessary to comply -,vith such law or regulation. If the other party disagrees with such amendment, it shall so notify the first party in writing within thirty (30) days of the notice. If the parties are unable to agree on an amendment within thirty (30) days thereafter, then either of the parties may terminate the Agreement on thirty (30) days written notice to the other party. 16. Survival. The respective rights and obligations of Business Associate under Sections 6(c) and 7 of this Agreement shall survive the termination of this Agreement. 17. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Said venue shall be Palm Beach County. 26 IN \X� NESS WH OF, the parties hereto have duly executed this Agreement to be effective as of the �_ day of v , 2012. ATTEST: City Clerk Approved as to form: City Attorney City of Delray Bach By: Name: Title; Date:,& Concentra Health Seryices, e. By: Name: Robi,r t F iV,n Title. \lP opj',,A ✓'V Date; •1�•f' ; % `T 201'q, I HEREBY CERTIFY that on this date before me, an officer duly authorized in the state and county named above to take acknowledgements, personally appeared l7�fl�%1V1t known to me to be the person described in and who executed the foregoing instrument as C(?V1C40 a corporation organized under the laws of the state of L— . He acknowledges before me that he executed the foregoing instrument as such officer in the name and on behalf of the corporation and that he also affixed thereto the official seal of the corporation. c SWORN TO AND SUBSCRIBED before me this O0 It�day of 2013. Notary is OF�' My Commission Expires: Page 27 LPUBLIO. L SEAL M. GRUBS NOTA TATE OF ILIINOIS try CXPIRES 1I 2013 Address for Notice: City of Delray Beach 100 N. W. 1" Avenue Delray Beach, Florida 33444 Attn: City Alanager COPY TO: Page M Address for Notice: Concentra Health Services, Inc. 5080 Spectrum Drive, Suite 1200 W To -wer Addison, Texas 75001 Attn: Legal Department COPY TO Humana Inc. 500 West Iblain Street Louisville, KY 40202 Attn: Legal Department Schedule V Security Standards 1. Best Practices, a. Client shall adhere to commercially reasonable best practice standards related to information security. b. Client shall secure access to Client offices, c, Client shall provide periodic and mandatory Information Security training and awareness to its permitted employees and permitted subcontractors (collectively "Personnel "). d. Client shall limit access to Information to the minimum necessary dataset required to accomplish the intended purpose or use. 2. Security a. Client shall develop and maintain a comprehensive Information Security Policy ( "Policy "). Said Policy shall be reviewed whenever there is a material change in practices and not less than annually. b. Client shall have a designated enmployce or group of employees who shall maintain said Policy. c. Client shall monitor their Policy to ensure that the program described therein is operating in a manner reasonably calculated to prevent unauthorized access. 3. Access Control. a. Client shall ensure that passwords are terminated upon the removal of Personnel from provision of the Services for any reason. b. Client shall not permit access to Information via unsecured WiTi IEEE802.1 I Y wireless technology or any other unsecured wireless technology. c. Client shall appropriately secure Information or data to prevent any physical access by unauthorized users. d. Client shall control access to Information or data in a manner which prevents any access by unauthorized users. 4. Enterprise Vuhnerabili , Management ( "EVKI, a. Client shall adhere to commercially reasonable best practice standards for patch management criticality ranking and patching time frame requirements for all IT systems, switches, routers, appliances, servers, and workstation PC's. b. Client shall ensure that trusted, commercially available anti -virus software is installed, enabled, and kept current on all Client servers and Personal Computers used in accessing, processing, transmitting, or storing, Information. c. Client shall implement trusted commercially available, up -to -date spyware protection on all Client PC's used for accessing, processing, transmitting, or storing Information. 5. Transmission Security. a. Client shall encrypt all data, records and files containing Information that will be transmitted wirelessly or travel across public networks. Page 29 b. Client shall require all transmissions of PHI to be secure and encrypted, including but not limited to: e -mail, web -mail, Blackberry e -mail and other mobile device e -mail, FTP, chat and instant messaging, web services etc. 6. Device and Media Control. a. CIient shall properly dispose of any storage media containing PHI or Information, including those found in Multi - Function Devices, by purge ( "Purge ") or destroy ( "Destroy ") as those terms are defined in the National Institute of Standards and Technology ("NIST ") Special Publication 800 -88, per all standards therein. For purposes of this section, the terms "Multi- Function Devices" means an office machine which incorporates the functionality of multiple devices in one. Examples include a combination of some or all of the following services: printing, scanning, photocopying, faxing, and/or emailing. b. Client shall implement encryption of any built -in or removable storage media in any company controlled PC or other portable device which may access, store, transmit or process Information. Page 30 MEMORANDUM 'A z TO: Mayor and City Commissioners FROM: Terrill Pyburn, Assistant City Attorney THROUGH: Brian Shutt, City Attorney DATE: January 29, 2013 SUBJECT: AGENDA ITEM 8.F. - REGULAR COMMISSION MEETING OF FEBRUARY 19, 2013 TRIPARTITE AND INTERLOCAL AGREEMENT: SCHOOL BOARD OF PALM BEACH COUNTY /ACCF/ CITY OF DELRAY BEACH ITEM BEFORE COMMISSION Tripartite and Interlocal Agreement between the City of Delray Beach, the School Board of Palm Beach County, and the Community Child Care Center d/b /a Achievement Centers for Children and Families (ACCF). BACKGROUND The purpose of the attached Tripartite and Interlocal Agreement between the City, the School Board, and ACCF is to provide for the funding and operation of a pilot summer camp program at Pine Grove Elementary with reading enhancements to help further third grade reading proficiency through the campaign for grade level reading. RECOMMENDATION The City Attorney's Office recommends approval. TRIPARTITE AND INTERLOCAL AGREEMENT BETWEEN THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA THE CITY OF DELRAY BEACH, FLORIDA AND THE COMMUNITY CHILD CARE CENTER FOR THE FUNDING AND OPERATION OF A PILOT SUMMER CAMP WITH READING ENHANCEMENTS TO HELP FURTHER THIRD GRADE READING PROFICIENCY THROUGH THE CAMPAIGN FOR GRADE LEVEL READING THIS TRIPARTITE AND INTERLOCAL AGREEMENT is made and entered into this day of 2013, by and between the COMMUNITY CHILD CARE CENTER OF DELRAY BEACH, INC., a Florida not - for - profit corporation d /b /a Achievement Centers for Children and Families" (hereinafter referred to as "ACCF "), the SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA a corporate body politic pursuant to the Constitution of the State of Florida (hereinafter referred to as "School Board ") and the CITY OF DELRAY BEACH, a Florida municipal corporation (hereinafter referred to as "City "). WITNESSETH: WHEREAS, School Board owns and operates Pine Grove Elementary currently located at 400 S.W. 10th Street, Delray Beach, FL 33444 ( "Pine Grove "); and WHEREAS, the parties desire to enter into this Tripartite and Interlocal Agreement ( "Agreement ") to provide for funding to further third grade reading proficiency through the campaign for grade level reading implemented by a Pilot Summer Camp with Reading Enhancements; and WHEREAS, the parties support collaborative initiatives between the School Board, the City, and ACCF to provide additional learning and development opportunities for children during the summer to help stop summer learning loss. NOW, THEREFORE, in consideration of the mutual representations, terms, and covenants herein set forth, the parties hereby agree as follows: ARTICLE 1: GENERAL Section 1.01 The foregoing recitals are true and correct and are incorporated herein as if fully set forth. Section 1.02 The purpose of this Agreement is to provide for the funding and operation of a Pilot Summer Camp with Reading Enhancements to further third grade reading proficiency through the campaign for grade level reading implemented by a summer camp to be located at Pine Grove Elementary. The focus of the program shall be to help stop summer learning loss for approximately 120 students from kindergarten through 3rd grade, however 4th and 5th grade students may also be included if there are enough available slots available in the program. Cooperation of all parties is imperative to make this program successful. Section 1.03 Definitions. The defined terms as used in this Agreement shall have the following meanings: A. "Board Facilities" and /or "Board Facility" shall mean Pine Grove Elementary School located at 400 SW 10th Street, Delray Beach, FL 33444, which is owned and /or operated by the School Board that are made available for public use by the School Board and /are used primarily for the delivery of recreational, educational and community based activities, excluding facilities that are leased, licensed, or under the contractual control of others. The terms "Board Facilities" and /or "Board Facility" shall include, but shall not be limited to: seven (7) classrooms, the cafeteria, athletic fields, and playgrounds. B. "Priority of Use" shall mean the priority of uses when there are conflicting requests for the use of a facility. 1. For Board Facilities, the Priority of Use shall be as follows: a. School Board activities and programs or School Board Facility lease agreements; b. County and City activities and programs pursuant to a separate interlocal agreement(s) entered into by the School Board on or before the effective date of this Agreement; C. Out -of- School Services Programs, conducted by ACCF pursuant to this Agreement; and d. City activities and programs pursuant to a separate interlocal agreement entered into by the School Board after the effective date of this Agreement. The parties shall designate to each other a person to be contacted regarding scheduling the use of any Board Facilities. ARTICLE 2: FUNDING Section 2.01 The City agrees to fund the Pilot Summer Camp with Reading Enhancements at the designated Board Facilities as mutually agreed upon by the 2 parties contingent upon the availability of scholarship funds from other sources to support services. The City and ACCF will share costs for a certified teacher, books, arts and crafts, and transportation to and from field trips. The School Board, City, and ACCF shall be authorized to seek grants, funding gifts, and other funds in order to fund the Summer Camp with Reading Enhancements from sources other than the funding provided by the City. There shall be no requirement for additional funding or continued funding after the dates designated for the services of programs designated. Section 2.02 The City shall provide funding for the operation of the Summer Camp with Reading Enhancements each year (subject to approval of the City Commission) as follows: A. Funding costs up to ten thousand dollars ($10,000.00). Section 2.03 The City shall pay ACCF the above - referenced funds, as they become available and are approved by the City Commission each year. ARTICLE 3: OWNERSHIP Section 3.01 The Board Facilities shall remain in the ownership of the School Board and subject to all terms and conditions imposed herein subject to School Board policy and Florida Statutes and Department of Education rules. ARTICLE 4: USE OF PROPERTIES Section 4.01 Use of Board Facilities /Program. A. The School Board agrees to make Board Facilities, including, but not limited to: the cafeteria, athletic fields, playgrounds, seven (7) classrooms, and WiFi internet service at Pine Grove Elementary available for use by ACCF as a traditional summer camp including 2 hours /day reading enhancements for a total of 10 hours a day, 5 days a week, Monday — Friday from June 10, 2013 — August 2, 2013, 7:30 a.m. — 5:30 p.m. The Board Facilities shall be made available to ACCF according to the Priority of Use at no cost or expense to ACCF, as provided for in this Agreement. ACCF's use of Board Facilities shall be subject to and in accordance with: 1. The terms and conditions of this Agreement; 2. The School Board's rules, regulations and policies governing the use of Board Facilities; 3. All applicable local, state and federal laws. B. The Pine Grove Elementary principal shall have approval authority and responsibility for any programs offered on his /her campus and shall coordinate scheduling the use of the designated Board Facility with the ACCF CEO. The Summer 3 Camp with Reading Enhancements Program requested by the ACCF shall be consistent with the goals and mission of the School Board. Section 4.02 Manner of Use; Cleanup. ACCF agrees to utilize the Board Facilities in the manner, and to the extent and degree intended for the particular facility and further agrees to leave the Board Facility in a clean and orderly condition upon leaving the facility. Section 4.03 Vandalism or Other Damage to Board Facilities When in Use Pursuant to this Agreement. ACCF agrees to be responsible for vandalism or other damage occurring to the Board's Facilities during the periods the Board's Facilities are used by ACCF. The School Board shall cause such repairs to be made as necessary to correct the damage to the Board's Facilities in an expeditious and timely manner and submit an itemized invoice to ACCF for damages incurred during the ACCF's use of the Board's Facilities. All invoices for damage repairs shall be paid by ACCF within sixty (60) days of receipt of the invoice for the damages. ARTICLE 5: JANITORIAL SERVICES /MAINTENANCE Section 5.01 School Board shall be responsible for janitorial and security services at all Board Facilities, with such services to be performed by Board or Board's designee. Section 5.02 The parties acknowledge and agree that School Board may close Board Facilities in order to perform maintenance or repairs to the Facility as necessary with at least 10 days notice to the other parties. ARTICLE 6: ACCESS AND SITE SECURITY ACCF will be responsible for securing Board Facilities after each use. ARTICLE 7: LIABILITY /INSURANCE Section 7.01 The School Board and City acknowledge the waiver of sovereign immunity for liability in tort contained in Florida Statutes Section 768.28, the State of Florida's partial waiver of sovereign immunity, and acknowledge that such statute permits actions at law to recover damages in tort for money damages up to the limits set forth in such statute for death, personal injury or damage to property caused by the negligent or wrongful acts or omissions of any employee acting within the scope of the employee's office or employment. School Board and City agree to be responsible for all such claims and damages, to the extent and limits provided in Florida Statutes Section 768.28, arising from the actions of their respective employees. The parties 0 acknowledge that the foregoing shall not constitute an agreement by either School Board and /or City to indemnify the other or ACCF, nor a waiver of sovereign immunity, nor a waiver of any defense the School Board or City may have under such statute, nor as consent to be sued by third parties. ACCF shall, in addition to any other obligation to indemnify the School Board and /or City and to the fullest extent permitted by law, protect, defend, indemnify and hold harmless the School Board and /or City, their respective agents, officers, elected officials and employees from and against all claims, actions, liabilities, losses, (including economic losses), and costs arising out of any actual or alleged bodily injury, sickness, disease or death, or injury to or destruction of tangible property including the loss of use resulting there from, or any other damage or loss arising out of or claimed to have resulted in whole or in part from any actual or alleged act or omission of ACCF, or anyone directly or indirectly employed by ACCF, or of anyone for whose acts ACCF may be liable; or violation of law, statute, ordinance, governmental administration order, rule or regulation. The indemnification obligations hereunder shall not be limited to any limitation on the amount, type of damages, compensation or benefits payable by or for ACCF under workers' compensation acts; disability benefit acts, other employee benefit acts or any statutory bar. Any cost or expenses, including attorney's fees, incurred by the School Board and /or City to enforce this Agreement shall be borne by ACCF. ACCF recognizes the broad nature of this indemnification and hold harmless article, and voluntarily makes this covenant for good and valuable consideration provided by the School Board and City in support of this indemnification in accordance with the laws of the State of Florida. This article will survive the termination of this Agreement. Section 7.02 Without waiving the right to sovereign immunity, the School Board /City acknowledge that they are either; (i) self- insured for general liability and automobile liability in the amount specified in Florida Statutes Section 768.28, as may be amended from time to time, or (ii) maintain third -party commercial insurance meeting at least the amounts as set forth in the following sentence. In the event either party maintains third - party commercial general liability or business automobile liability insurance in lieu of exclusive reliance on self- insurance, the party maintaining the third -party insurance shall maintain limits of not less than Five Hundred Thousand Dollars ($500,000) combined single limit for bodily injury or property damage and shall add the other party as an additional insured to the commercial general liability policy, but only with respect to negligence arising out of this Agreement that is not a result of the other party's negligence. The additional insured endorsement for the City shall read the "The City of Delray Beach, its Officers, Employees and Agents ". The additional insured endorsement for the School Board shall read "The School Board of Palm Beach County, Florida, its Officers, Employees and Agents ". The parties agree additional insured endorsements shall provide coverage on a primary basis. Claims -bill tailored coverage shall not be considered third -party liability coverage for purposes of this Agreement. The parties agree to maintain or to be self- insured for worker's compensation and employer's liability insurance in accordance with Chapter 440, Florida Statutes, as may be amended from time to time. Each party agrees to provide 5 the other party with an affidavit or certificate of insurance evidencing insurance, self - insurance and /or sovereign immunity status, which the parties agree to recognize as acceptable for the above - referenced coverages. Compliance with the requirements of this paragraph shall not relieve the parties of their liability and obligations under this Agreement. Section 7.03 With respect to use of Board Facilities under this Agreement by ACCF, the ACCF shall be required to provide, at a minimum, the following: A. ACCF shall purchase from and maintain coverage from a company or companies lawfully authorized to do business in the State of Florida and rated "B +" or better in Best's Insurance Guide. In addition, such insurance shall be for no less than the following amounts (subject to review and revision by the School Board and City from time to time): (a) automobile: in the minimum amount of $1,000,000 per injury and per death; (b) Comprehensive General Liability: in the minimum amount of $1,000,000 per occurrence for both personal injury and property damage; and (c) Workers Compensation: Statutory and Employers Liability in the minimum amount of $1,000,000. Upon the execution of this Agreement, ACCF shall supply the School Board and City with a Certificate of Insurance as required by this section, naming the School Board and City as an additional insureds. Such Certificates shall provide written notice to the School Board and City thirty days prior to any cancellation of any insurance policy. Receipt of such notice shall be considered grounds for termination of this Agreement. ARTICLE 8: DISPUTE RESOLUTION Section 8.01 In the event an issue arises which cannot be resolved between the parties regarding the use or availability of a Board Facility or the implementation, supervision, or conduct of the Summer Camp with Reading Enhancements Program, the dispute shall be referred to the School Board's Superintendent, the City's City Manager, and the CEO of ACCF or their respective designees, who shall all make a good faith effort to resolve the dispute. ARTICLE 9: ACCEPTANCE OF PROGRAMS AND SERVICES By mutual agreement, the ACCF services or programs may be removed or relocated to another site maintaining the available funding for the services or programs. ARTICLE 10: LICENSE Notwithstanding any provision of this Agreement to the contrary, the use of the Board Facilities or the delivery of services or programs by the City /ACCF shall only amount to a license to use the Board Facilities on a non - exclusive basis, which license shall be revocable by the party licensing the use for any reason whatsoever. The parties agree 0 that nothing in this Agreement shall be construed as granting either City /ACCF any title, interest or estate in the Board Facilities. ARTICLE 11: DEFAULT The parties agree that, in the event any party is in default of its obligations under this Agreement, the non - defaulting party shall provide to the defaulting party thirty (30) days written notice to cure the default. In the event the defaulting party fails to cure the default within the thirty (30) day cure period, the non - defaulting party shall be entitled to seek any remedy available to it at law or equity, including, but not limited to, the right to terminate this Agreement and seek damages, if any. ARTICLE 12: TERMINATION Notwithstanding any provision of this Agreement to the contrary, this Agreement may be terminated by any party: (i) without cause upon ninety (90) days prior written notice to the other parties or (ii) with case upon the expiration of the thirty (30) day cure period provided for in Article 12 above. ARTICLE 13: ANNUAL APPROPRIATION Each party's performance and obligations under this Agreement shall be contingent upon an annual budgetary appropriation by its respective governing body for subsequent fiscal years, including the solicitation and acquisition of grants and /or gifts. ARTICLE 14: NOTICES All notices required to be given under this Agreement shall be deemed sufficient to each party when delivered by United States Mail to the following: If to City: Doug Smith, Interim City Manager City of Delray Beach 100 N.W. 1 st Avenue Delray Beach, FL 33444 If to School Board: JoAnne Beckner, Director Department of Afterschool Programming School Board of Palm Beach County 4260 Westgate Avenue West Palm Beach, FL 33409 7 With a Copy to: General Counsel P.O. Box 19239 West Palm Beach, FL 33416 If to Achievement Centers for Children and Families: Nancy Hurd, Chief Executive Officer 555 N.W. 4t" Street Delray Beach, FL 33444 Any party may, from time to time, change the address to which notice under this Agreement shall be given to such party, upon prior written notice to the other parties. ARTICLE 15: GOVERNING LAW AND VENUE This Agreement shall be construed and governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will be held in Palm Beach County. ARTICLE 16: EQUAL OPPORTUNITY PROVISION The parties agree that no person shall, on the grounds of race, color, sex, national origin, disability, religion, ancestry, marital status, sexual orientation or gender, gender identify or expression be excluded from the benefits of, or be subjected to any form of discrimination under any activity carried out by the performance of this Agreement. ARTICLE 17: CAPTIONS The captions and section designations set forth herein are for convenience only and shall have no substantive meaning. ARTICLE 18: SEVERABILITY In the event that any section, paragraph, sentence, clause, or provision of this Agreement is held by a court of competent jurisdiction to be invalid, such shall not affect the remaining portions of this Agreement and the same shall remain in full force and effect. 9 ARTICLE 19: ENTIRETY OF AGREEMENT This Agreement represents the entire understanding between the parties and supersedes all other negotiations, representations, or agreement, written or oral, relating to this Agreement. ARTICLE 20: INCORPORATION BY REFERENCE Exhibits attached hereto and referenced herein shall be deemed to be incorporated into this Agreement by reference. /_1:40 IN44PAW_1►yi14►111iyi14►111 Except as otherwise provided for in this Agreement, this Agreement may be modified and amended only by written instrument executed by the parties hereto. ARTICLE 22: WAIVER No waiver of any provision of this Agreement shall be effective against any party hereto unless it is in writing and signed by the party waiving such provision. A written waiver shall only be effective as to the specific instance for which it is obtained and shall not be deemed a continuing or future waiver. ARTICLE 23: CONSTRUCTION No single party shall be considered the author of this Agreement since the parties have participated in extensive negotiations and drafting and redrafting of this document to arrive at a final Agreement. Thus, the terms of this Agreement shall not be strictly construed against one party as opposed to the other parties based upon who drafted it. ARTICLE 24: NO THIRD PARTY BENEFICIARIES This Agreement is made solely and specifically among and for the benefit of the parties hereto, and no other person shall have any rights, interest, or claims hereunder or be entitled to any benefits under or on account of this Agreement as a third -party beneficiary or otherwise. ARTICLE 25: FILING A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County pursuant to Section 163.01 (11), Florida Statutes. 9 ARTICLE 26: EFFECTIVE DATE /TERM This Agreement shall become effective when signed by each of the parties, approved by the City, School Board and ACCF and filed with the Clerk of the Circuit Court in and for Palm Beach County. The term of this Agreement shall be for a period of one (1) year and shall be automatically renewed for one additional one (1) year term, unless any party provides a written notice of non - renewal to the other parties thirty (30) days prior to the expiration of the then current term. ARTICLE 27: ACCEPTANCE OF FACILITIES The School Board and City shall not be required to make any improvements or repairs to the Board Facilities as a condition of use of the Board Facilities by ACCF. The City and ACCF shall accept the Board Facilities in their "As is ", "Where is" condition. The parties acknowledge and agree that neither School Board nor City has made any warranties or representations to the other parties regarding the Board Facilities, including, but not limited to, any representations or warranties regarding the suitability of the Board Facilities for use by ACCF. ARTICLE 28: BACKGROUND SCREENING REQUIREMENTS All ACCF employees who are permitted access to the Board's Facilities when students are present, who have direct contact with students or who have access to or control of school funds must undergo level 2 screening. Level 2 screening consists of fingerprinting and a background check, as set forth in Section 1012.32, Florida Statutes. ACCF shall insure that all ACCF employees submit to a background check, including fingerprinting by the School Board's Police Department, at the sole cost of ACCF. No ACCF employee shall be permitted access to the Board's Facilities when students are present, to have direct contact with students or to have access to or control of school funds until he or she receives notice of clearance by the School Board. Neither the School Board, nor its members, officers, employees, nor agents, shall be liable under any legal theory for any claim whatsoever for the rejection of any ACCF employee Lor discontinuation of the ACCF employee's services) on the basis of these compliance obligations. ACCF agrees that no ACCF employee who meets the above conditions and who has been convicted or who is currently under investigation for a crime delineated in Section 435.04, Florida Statutes, will be permitted access to the Board's Facilities when students are present, who have direct contact with students or who have access to or control of school funds. ARTICLE 29: NO AGENCY RELATIONSHIP No person employed by any party to this Agreement, shall in connection with the performance of this Agreement or any services or functions contemplated hereunder, at any time, be considered the employee of any other party, nor shall an employee claim 10 any right in or entitlement to any pension, worker's compensation benefit, unemployment compensation, civil service, or other employee rights or privileges granted by operation of law or otherwise, except through and against the entity by whom they are employed. IN WITNESS WHEREOF, the parties have caused this Interlocal Agreement to be executed on the day and year first above written. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: Chevelle Nubin, City Clerk Thomas F. Carney, Jr., Mayor Approved as to Form and Legal Sufficiency: Terrill C. Pyburn Assistant City Attorney ATTEST: SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA E. Wayne Gent By: Superintendent Chuck Shaw, Chairman Approved as to Form and Legal Sufficiency: School Board Attorney ATTEST: COMMUNITY CHILD CARE CENTER OF DELRAY BEACH, INC. d /b /a ACHIEVEMENT CENTERS FOR CHILDREN AND FAMILIES, a Florida not - for - profit corporation By: Print Name: Nancy Hurd, Chief Executive Officer Title: 11 MEMORANDUM 'A z TO: Mayor and City Commissioners FROM: Terrill Pyburn, Assistant City Attorney THROUGH: Brian Shutt, City Attorney DATE: January 29, 2013 SUBJECT: AGENDA ITEM 8.F.1 - REGULAR COMMISSION MEETING OF FEBRUARY 19, 2013 AMENDMENT NO. 1 TO THE INTERLOCAL AGREEMENT/ SCHOOL BOARD OF PALM BEACH COUNTY: SHARING STUDENT DATA ITEM BEFORE COMMISSION Amendment No. 1 to the Interlocal Agreement between the School Board and the City concerning Student Information. BACKGROUND The purpose of the attached Amendment No. 1 to the Interlocal Agreement concerning student information is to allow us to share School Board data with the Achievement Centers for Children and Families as a necessary part of the summer camp program covered by the first agreement. RECOMMENDATION The City Attorney's Office recommends approval. AMENDMENT NO. 1 TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH CONCERNING STUDENT INFORMATION AND THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA THIS AMENDMENT NO. 1 TO THE INTERLOCAL AGREEMENT dated August 8, 2012, by and between THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA, a corporate body politic pursuant to the Constitution of the State of Florida ( "Board ") and THE CITY OF DELRAY BEACH, a Florida municipal corporation ( "City ") is dated this day of February, 2013. This Amendment No. 1 shall become effective immediately upon execution by both parties. City and Board are desirous of amending the Interlocal Agreement concerning student information between the City of Delray Beach and the School Board of Palm Beach County dated August 8, 2012 ( "Original Agreement ") in order to provide that the Achievement Centers for Children and Families ( "ACCF "), who has partnered with the City to implement the Summer Learning Program, shall also have access to student information in order to further the parties' goals of increasing 3rd grade reading proficiency by 50% by 2020 for low - income students attending schools located within the City's geographic boundaries. NOW, THEREFORE, in consideration of the mutual covenants, promises, and representations contained herein, the parties hereto agree as follows: Recitals. The above recitals are incorporated as if fully set forth herein. 2. Modifications. Paragraph III, "Disclosure ", of the Interlocal Agreement shall be amended to read as follows: III. Disclosure The School Board may not release personally identifiable student information contained in student education records or reports without the written consent of the student's parent, or of the student himself or herself if he or she is qualified as eligible, to any individual, agency, or organization, except as allowed by law. The School Board may release education records without consent if all personally identifiable information has been removed. The parties acknowledge that the performance of this Agreement involves a process in which certain of the School Board's pre- existing student information may be disclosed to the City and the summer learning information enumerated in Paragraph V of Exhibit "A" of the Original Agreement may be disclosed to ACCF, after such information has been de- identified and all personally identifiable information has been removed by the School Board. The parties agree that the disclosure of de- identified student information by the School Board to the City and the City's re- disclosure to ACCF is made solely to allow the City /ACCF to carry out it's the City's goal of increasing 3rd grade reading proficiency by 50% by 2020 for low - income students. Such data may be disclosed using a record code for each student which shall not be based upon the student's social security number, student number, or other personal information. The parties further acknowledge their obligation to perform this Agreement in a manner that maintains compliance with the requirements of state and federal law, including, but not limited to School Board Policy 5.50, Fla. Stat. § 1002.22 ftH4 the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. § 12328, and 34 CFR Part 99. 3. Entire Agreement. Except as modified by this Amendment No. 1, the original Interlocal Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Amendment No. 1 to be executed on the day and year first above written. ATTEST: 0 E. Wayne Gent, Superintendent Approved for Form and Legal Sufficiency: School Board Attorney ATTEST: City Clerk Approved as to Form and Legal Sufficiency: City Attorney THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA 0 Chuck Shaw, Chairman CITY OF DELRAY BEACH, FLORIDA 0 4 Thomas F. Carney, Jr., Mayor MEMORANDUM TO: Mayor and City Commissioners FROM: Chevelle D. Nubin, City Clerk THROUGH: Douglas E. Smith, Interim City Manager DATE: February 15, 2013 SUBJECT: AGENDA ITEM 8.G. - REGULAR COMMISSION MEETING OF FEBRUARY 19, 2013 APPROVAL OF POLL WORKERS FOR THE FIRST NONPARTISAN ELECTION ITEM BEFORE COMMISSION This is before the City Commission to approve the list of poll workers for the First Nonpartisan and Special elections to be held on March 12, 2013, and to direct the City Clerk to select a sufficient number of Clerks, Assistant Clerks, Inspectors and Precinct Advisors from the list to work during the election, pursuant to Section 34.02 of the City Code. BACKGROUND The list is attached for your review. RECOMMENDATION Recommend approval of the poll workers list with direction to the City Clerk to select a sufficient number of workers for the municipal election to be held on March 12, 2013. City of Delray beach Poll Workers Precinct Precinct Name Voters Poll Worker Position Name 4110 505 Teen Center 2,283 Clerk Mr. Clark R. Allen 4110 505 Teen Center 2,283 Inspector Martinel Osirus 4110 505 Teen Center 2,283 Inspector Mr. Benjamin Beberman 4110 505 Teen Center 2,283 Precinct Advisor Ms. Linda Lieberman 7202 505 Teen Center 1,238 Inspector Ms. Ella J. Bennett 7202 505 Teen Center 1,238 Inspector Ms. Renee Blum 7206 505 Teen Center 177 Inspector Ms. Luise Piane 7208 Abbey Delray North 1,073 Clerk Ms.Carol Hutchinson 7208 Abbey Delray North 1,073 Inspector Ms. Eleanor Munsey 7208 Abbey Delray North 1,073 inspector Ms. Martha Young 7208 Abbey Delray North 1,073 Precinct Advisor Ms. Kathleen Marino 4118 Abbey Delray South 1,849 Clerk Ms. Rhoda Birnbaum 4118 Abbey Delray South 1,849 Inspector Mr. Eugene Rosoff 4118 Abbey Delray South 1,849 Inspector Mr. Lawrence Shamis 4118 Abbey Delray South 1,849 Inspector Ms. Linda Firestein 4118 Abbey Delray South 1,849 Precinct Advisor Ms. Doris Mansfield 4086 Banyan Creek Elementary School 1,203 Clerk Mr. Arnold Sobel 4086 Banyan Creek Elementary School 1,203 Inspector Mr. Robert Levine 4086 Banyan Creek Elementary School 1,203 Inspector Mrs. Elaine Bloomberg 4088 Banyan Creek Elementary School 1,203 Precinct Advisor Ms. Patrice Lieb 4096 Carver Middle School 690 Clerk Mr. Nat Bloch t 4096 Carver Middle School 690 Inspector Ms. Elaine D. Kolnik 4096 Carver Middle School 690 Precinct Advisor Ms. Ellen B. Migdal 5088 Carver Middle School 388 Inspector Mr. Anthony A. Kelly 4094 Church of the Palms 1,971 Clerk Ms. Marjorie Feldman 4094 Church of the Palms 1,971 Inspector Marilyn G. Bates 4094 Church of the Palms 1,971 Inspector Mr. Calvin R. Paris 4094 Church of the Palms 1,971 Inspector As. Melvina Vassel- Wilsor 4094 Church of the Palms 1,971 Inspector Ms. Victoria Cohen 4094 Church of the Palms 1,971 Precinct Advisor James Wilson 4076 Country Manors Clubhouse 1,166 Clerk Mr. William Weinstein 4076 Country Manors Clubhouse 1,166 Inspector Mr. Jean E. Joseph 4076 Country Manors Clubhouse 1,166 Inspector Ms. Leona Hoppen 4076 Country Manors Clubhouse 1,166 Precinct Advisor Mrs. Celia Levine Page 1 of 4 Friday, February 15, 2013 City of Delray Beach Poll Workers Precinct Precinct Name Voters Poll Worker Position Name 7194 Delray Beach Community Center 1,397 Inspector Mrs. Linda Pesale 7194 Delray Beach Community Center 1,397 Inspector Ms, Margarie Thompson 7194 Delray Beach Community Center 1,397 Precinct Advisor Ms. Margeret Morris 7214 Delray Beach Community Center 1,527 Clerk Ms. Darlene Schmidt 7214 Delray Beach Community Center 1,527 Inspector Mr. Harvey Kresch 7214 Delray Beach Community Center 1,527 Inspector Ms. Esther Huesca 7214 Delray Beach Community Center 1,527 Inspector Ms. Gail Weyuker 4114 Delray Beach First Baptist Church 2,090 Clerk Ms. Roberta Brath 4114 Delray Beach First Baptist Church 2,090 Inspector Ms. Fanny flinger 4114 Delray Beach First Baptist Church 2,090 Inspector Ms. Linda D. Streichler 4114 Delray Beach First Baptist Church 2,090 Precinct Advisor Ms. Marlene E. Glick 5120 Delray Beach First Baptist Church 57 Inspector Mr. Geoffrey H. Clements 5120 Delray Beach First Baptist Church 57 Inspector Ms. Helen Fett 4106 Delray Beach Golf Club 1,120 Clerk Ms. Kathleen O'Donnell 4106 Delray Beach Golf Club 1,120 Inspector Mr. Anthony Mendillo 4106 Delray Beach Golf Club 1,120 Inspector Ms. Judith Katz 4106 Delray Beach Golf Club 1,120 Precinct Advisor Ms. Dorothy Payne 7212 Delray Beach Public Library 1,960 Clerk Mrs. Ruth L. Gaynor 7212 Delray Beach Public Library 1,960 Inspector Ms. Luvonla Nubin 7212 Delray Beach Public Library 1,960 Inspector Ms. Mona A. Seredin 7212 Delray Beach Public Library 1,960 Inspector Ms.Curlene Thomas 7212 Delray Beach Public library 1,960 Precinct Advisor Mr. Howard S. Raff 4104 Emmanuel Catholic Church 1,925 Clerk Mr. Eugene Cook 4104 Emmanuel Catholic Church 1,925 Inspector Mrs. Anita Singer 4104 Emmanuel Catholic Church 1,925 Inspector Mrs. Ellen Frank 4144 Emmanuel Catholic Church 1,926 Inspector Ms. Elizabeth M. Deckei 4104 Emmanuel Catholic Church 1,925 Precinct Advisor Mr. Robert Turnquist 4124 Evangelical Baptist Church 2,946 Clerk Mrs. Yvonne Walker 4124 Evangelical Baptist Church 2,046 Inspector Mr. Arnold Weinstein 4124 Evangelical Baptist Church 2,046 Inspector Mr. Barnie Barge 4124 Evangelical Baptist Church 2,046 Inspector Ms. Myrna Barnofsky 4124 Evangelical Baptist Church 2,046 Inspector Ms. Roberta Curtin 4124 Evangelical Baptist Church 2,046 Precinct Advisor Ms. Jessica L. Straghn 4122 Lake Delray Apartments 1,736 Clerk Mr. Louis Bornstein 4122 Lake Delray Apartments 1,736 Inspector Hope Elaine Farber Friday, February 15, 2013 Page 2 of 4 Ciiy ®f Delray Beach Poll Workers ft Precinct Precinct Name Voters Poll Worker Position Name 4122 Lake Delray Apartments 1,736 Inspector Vls. Jeanine Jean Baptist 4122 Lake Delray Apartments 1,736 Precinct Advisor Ms. Janet Phipps 4120 Orchard View Elementary School 1,125 Clerk Ms. Phyllis Berse 4120 Orchard View Elementary School 1,125 Inspector Mr. Harold B. Wolin 4120 Orchard View Elementary School 1,125 Inspector Mr. Les Frank 4120 Orchard View Elementary School 1,125 Inspector Ms. Sydelle Weinstein 4120 Orchard View Elementary School 1,125 Precinct Advisor Ms. Naomi Palmer 4108 Pines of Delray Assoc. Inc.-East 1,241 Clerk Mrs. Susan Litchfield 4108 Pines of Delray Assoc. Inc. -East 1,241 Inspector Betty Daniels 4108 Pines of Delray Assoc. Inc. -East 1,241 Inspector Ms. Marilyn Lacoff 4108 Pines of Delray Assoc. Inc.-East 1,241 Precinct Advisor Ms. Beatrice H. Kinzler 4090 Pines of Delray N Clubhouse 613 Clerk Ruth W. Lenehan 4090 Pines of Delray N Clubhouse 613 Inspector Ms. Donna Zorn 4074 Plumosa School of Art 967 Clerk Ed Levy 4074 Plumosa School of Art 967 Inspector Ms. Linda Sherman 4074 Plumosa School of Art 967 Precinct Advisor Carole Shamis 7200 Pompey Park Recreation Center 1,669 Clerk Rosena Miley 7200 Pompey Park Recreation Center 1,669 Inspector La Vira B. Brin 7200 Pompey Park Recreation Center 1,669 Inspector Mary Wright 7200 Pompey Park Recreation Center 1,669 Inspector Ms. Rodell Nairn 7200 Pompey Park Recreation Center 1,669 Precinct Advisor Evelyn Smith 4126 St. Paul's Episcopal Church 2,122 Clerk Fran Rowland 4126 St. Paul's Episcopal Church 2,122 Inspector Marceline Steinberg 4126 St. Paul's Episcopal Church 2,122 Inspector Marilyn Friedman 4126 St. Paul's Episcopal Church 2,122 Inspector Paul Pesale 4126 St. Paul's Episcopal Church 2,122 Precinct Advisor Ms. Trudy Bromberg 4126 St. Paul's Episcopal Church 2,122 Precinct Advisor Philomena Martorella 7204 St. Paul's Episcopal Church 164 Inspector Heather Koenigsberg S Standby Precinct Advisor Elliott Schwartz S Stby Precinct Advisor Elliott Schwartz 4098 Temple Emeth 2,365 Clerk Mr. Edward H. Dolins 4098 Temple Emeth 2,365 Inspector Jean Alter 4098 Temple Emeth 2,365 Inspector Mr. Alan Hochhauser 4098 Temple Emeth 2,365 Inspector Mr. Calvin Singer 4098 Temple Emeth 2,365 Inspector Ms. Muriel J. Feder Friday, February 15, 20131 T - - -� Page 3 of 4 Friday, February 15, 2013 Page 4 of 4 City f ®, Delray Beach .Poll Workers Precinct Precinct Nance Voters Pail Worker Position Name 4098 Temple F.meth 2,365 Precinct Advisor Mr. Irwin W. Epstein 7196 Temple Sinai 561 Clerk Jerome Kern 7196 Temple Sinai 561 Inspector Josephine Perino 7198 Temple Sinai 1,333 Inspector Mr. Kenneth Leiner 7198 Temple Sinai 1,333 Inspector Ms. Horty Singer 7198 Temple Sinai 1,333 Precinct Advisor Shirley Bellamy 4112 Veteran's Park Recration Center 2,003 Clerk Rose H. Davis 4112 Veteran's Park Recration Center 2,003 Inspector Mr. William S. Toder 4112 Veteran's Park Recration Center 2,003 Inspector Ms. Shirley Roth 4192 Veteran's Park Recration Center 2,003 Inspector Patty Gomez 4112 Veteran's Park Recration Center 2,003 Precinct Advisor Regina Jones 4102 Veteran's Park Recreation Center 1.483 Inspector Lidia S. Nahoum 4102 Veteran's Park Recreation Center 1.483 Inspector Mr. Neil Marcus Shpritz 7210 Village Academy 1,981 Clerk Zina V. Williams 7210 Village Academy 1,981 Inspector Betty J. Grover 7210 Village Academy 1,981 Inspector Caldos Zufmar 7210 Village Academy 1,981 Inspector Mr. Jay S. Cohen 7210 Village Academy 1,981 Inspector Mr. Pauleus Jean 7290 Village Academy 1,981 Precinct Advisor Ms. Frances Owen 4088 West Park Baptist Church 9,805 Clerk Martin Meltzer 4088 West Park Baptist Church 1,805 Inspector Harry Alter 4088 West Park Baptist Church 1,805 Inspector Mr. David Forest 4088 West Park Baptist Church 1,805 Inspector Ms. Maureen Luongo 4088 West Park Baptist Church 1,805 Precinct Advisor Mr. Alvin Heckler Friday, February 15, 2013 Page 4 of 4 MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: Douglas E. Smith, Interim City Manager DATE: February 13, 2013 SUBJECT: AGENDA ITEM 8.H. - REGULAR COMMISSION MEETING OF FEBRUARY 19, 2013 LANDSCAPE MAINTENANCE AGREEMENT/ 1127 VISTA DEL MAR DRIVE ITEM BEFORE COMMISSION Request Commission approval of the Landscape Maintenance Agreement between the property owner and the City for the installation of landscaping within the right -of -way at 1127 Vista Del Mar Drive. BACKGROUND The owner of the property would like to install a privacy hedge within the right -of -way of the above - subject property. This improvement is tied into the proposed new single- family residence for this site. The owner has agreed to maintain the plant material for perpetuity and has submitted a signed City of Delray Beach Landscape Maintenance Agreement. The proposed plant material is not substantial and can be removed easily if the need occurs. RECOMMENDATION Staff recommends the City Commission give favorable consideration to the owner's request to install the proposed plants in the City right -of -way by executing the required Landscape Maintenance Agreement. Prepared by: RETURN: R. Brian Shutt, Esq. City Attorney's Office. 200 N.W. 1 st Avenue Delray Beach, FL 33444 LANDSCAPE MAINTENANCE AGREEMENT THIS AGREEMENT is made this day of , 200 by and between the City of Delray Beach, Florida ( "City ") and { "Owner "). WITNESSETH: WHEREAS, in order to provide landscaping in the City, the City Commission has adopted ordinances setting forth requirements for landscaping; and, WHEREAS, in order to comply with the City's landscape Ordinance the Owner shall be allowed to install landscaping material in the right -of -way of VtS - c — V%-A .. pursuant to the terms of this Agreement, and, WHEREAS, this Agreement shall in no way be deemed an actual, constructive or any other type of abandonment by the City of the public right- of-way of V stir VeL. i �,L- ; and, WHEREAS, the City reserves the right at any time to utilize the right-of-way for right -of -way purposes; and, WHEREAS, the public will benefit from the beautification of areas along its streets by the addition of landscaping; and, WHEREAS, this Agreement is not effective unless the Owner has submitted a landscape plan and it has been approved by the City; and, WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement designating and setting forth the responsibilities of each party. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: I. The Parties hereby represent and warrant that the above recitals are accurate and correct and hereby incorporate them in this Agreement. 2. The Owner shall perform all conditions as required by the City or any Board of the City in conjunction with the site plan and review process for the required installation and maintenance of the landscaping. The subject property, further described in Exhibit "A ", shall have an approved landscape plan, Exhibit "B ", attached hereto and incorporated herein by reference. 3. - The Owner shall be responsible for purchasing and installing all plant, tree, hedge or grass material or any other material as required by the Owner's approved landscaping plan. Owner shall further be responsible for obtaining all permits and approvals from all applicable governmental agencies. 4_ The Owner hereby agrees to maintain the plantings in the right- of=way in accordance with the City's Ordinances and the terms and conditions of this Agreement. The Owner shall be responsible to maintain, which means the proper watering and proper fertilization of all plants and keeping them as free as practicable from disease and harmful insects; to properly mulch the plant beds; to keep the premises free of weeds; to mow and/or cut the grass to a proper height; to properly prune all plants which includes (1) removing dead or diseased parts of plants, or (2) pruning such parts thereof which present a visual hazard for those using the roadway. To maintain also means removing or replacing dead or diseased plants in their entirety, or removing or replacing those that fall below original project standards. All plants removed for whatever reason shall be replaced by plants of the same grade, not necessarily the same plant but of acceptable quality to the City and the Owner, as specified in the original plans and specifications and of a size comparable to those existing at the time of replacement. To maintain also means to keep litter removed from the landscaped areas in the right -of -way. Plants shall be those items which would be scientifically classified as plants and include but are not limited to trees, grass, or shrubs. 5. If at any time after the execution. of this Agreement by the Owner, it shall come to the attention of the City that the landscaping is not properly maintained pursuant to the terms and conditions of this Agreement then the City may at its option issue a written notice that a deficiency or deficiencies exist, by sending a certified letter to the Owner. Thereafter, the Owner shall have a period of thirty calendar days within which to correct the cited deficiencies. If said deficiencies are not corrected within this time period, the City may at its option, proceed as follows: (a) Maintain the landscaping or part thereof, and invoice the Owner for expenses incurred. (b) Terminate this Agreement and require the Owner to comply with the City's current Ordinance on landscaping. (c) Cite the Owner for failure to comply with the City's Ordinances. 6. At all times hereto, the Owner shall own and maintain all landscaping installed in the right -of -way by the Owner. 7. If for any reason the City decides that it needs the right- of.-way of V ky -0O3 0- 6-x-- or for any other public purpose this Agreement shall terminate, and the Owner shall be required to comply with the City's current Code of Ordinances regarding landscape requirements. Owner shall remove all landscaping from the right-of-way within 20 days of such notification, if so requested by the City. 8. The Owner shall indemnify and hold harmless the City, its officers and employees from all suits, actions, claims and liability arising solely out of the Owner's installation and maintenance of landscaping in the City's right -of -way. 9. This Agreement shall constitute the entire Agreement of the parties with respect to the subject matter of it. All prior understandings and agreements between the parties with respect to such matters are merged into this Agreement, which alone fully and completely expresses their understanding. 10. This Agreement may not be assigned or transferred by the Owner, in whole or part without the written consent of the City. 11. This Agreement shall be binding on the Parties, their respective heirs, successors, legal representatives, and permitted assigns and shall be recorded in the Public Records of Pahn Beach County and shall run with the land. 12. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on their behalf this _ day of ATTEST: City Clerk Approved as to legal form and sufficiency: City Attorney (Print or Type Name) STATE OF ��• ° tCt COUNTY OF �rg� M 200 . CITY OF DELRAY BEACH, FLORIDA , Mayor (OWNER) .'` >k.. aft T>•�2°1 (Print or Type Name) The foregoing instrument was acknowledged before me this day of3� , 20(4 r2-, by as sv�a; (name of officer or agent, title of officer or agent), of Vc c ,-V u F i , L,i L- (name of corporation acknowledging), a �,,iy�, LVf - (state or place of incorporation) corporation, on behalf of the corporation. He /She is personally known to me or has produced (type 'of identification) as identification. _- �^ ���y Signature of Person Taking Acknowle ment ZA4Y PU T, J: VV�1hN _ .. � _. �' EXPIRES, WOW gi, 204 Name Typed, Printed or Stamped �T�rEOF FLaQ�v� BoN d Thfu kdpl Nala y taoilvlddd � * V m X Am I I m�] k 9VI, LEGAL DESCRIPTION FOR 1127 VISTA DEL MAR: LOT 47, DELRAY BEACH ESPLANADE, ACCORDING TO THE PLAT RECORDED IN PLAT BOOK 18, PAGE 39, RECORDED IN THE RECORD OF PALM BEACH COUNTY, FLORIDA SAID LAND SITUATE, LYING, PUBLIC AND BEING IN PALM BEACH, COUNTY, FLORIDA. Cope Architects, Inc. 114 Y2 NE 1st Ave. Delray Beach, Florida 33444 -3713 PLANT LIST BEACI—I f-IR0f-Ff-,T`T- EXISTING TREE LIST pak LEC3ENF-) ExIST T- 1— —IN T. _N Z_ Z_ TYPICAL TREE WITH ROOT BARRIER LD 11 TYPICAL TREE e TECUT ROOT BARRIER _D ­ NORTH d­ bolikar ...q. vchilMue /pemip inc. planting plan J_ A L A L MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: Douglas E. Smith, Interim City Manager DATE: February 13, 2013 SUBJECT: AGENDA ITEM 8.I. - REGULAR COMMISSION MEETING OF FEBRUARY 19, 2013 HOUSING REHABILITATION GRANT/ CONTRACT AWARD ITEM BEFORE COMMISSION Approval is requested for one (1) Housing Rehabilitation grant(s) to be awarded to the lowest responsive bidder in the amount of $32,241.05. Funding for the project is through the CDBG Housing Rehabilitation grant. BACKGROUND Approval is requested for one (1) Housing Rehabilitation grant to be awarded to the lowest responsive bidder for the following projects: 218 SE 4th Avenue, Citywide Construction Services, Inc. /$30,259.00 = Total Rehab cost: $32,241.05 Grant awards are based on the actual cost of the rehabilitation, as determined by the low responsive bidder(s), plus a 5% contingency. Total rehab cost also includes, as applicable, lead inspection, lead abatement, lead clearance, termite inspection, termite treatment, and recording fees. Additional cost may be incurred for lead clearance test(s). The contingency may be used for change orders and all unused funds will remain with the CDBG Housing Rehabilitation program. Inspection of work is done by the Department of Community Improvement's Building Inspection and Neighborhood Services Divisions. Contracts are executed between the building contractor and the property owner. The City remains the agent and this office monitors all work performed by the contractor, ensuring compliance according to specifications and program guidelines. Pay request forms require both contractor and homeowner's signatures. Grant recipients have met all eligibility requirements as specified in the approved Policies and Procedures. The rehabilitation activities will bring the homes to minimum code requirements by repairing the roof, electric and plumbing systems and correcting other incipient code violations. Detailed work write -ups and individual case files are available for review in the Neighborhood Services Division office. The Neighborhood Services Division is responsible for ensuring that the housing rehabilitation contracts are awarded to the lowest responsive bidder, as a result of a formal bid process. Therefore, an in -house policy was created to limit awards to the lowest responsive bidder as it relates to the Division's professional in -house estimate. This serves to disqualify unreasonably low bids and, therefore, protect against the resulting change order requests. JIJ Construction Corp submitted the lowest bid but did not submit a bid bond as required. The next lowest responsive bidder is Citywide Construction Services, Inc. FUNDING SOURCE Community Development Block Grant 118 - 1963 -554 -49.19 RECOMMENDATION Staff recommends awarding one (1) Housing Rehabilitation grant to the lowest responsive bidder in the amount of $32,241.05. CITY OF DELRAY BEACH NEIGHBORHOOD SERVICES DIVISION HOUSING REHABILITATION PROGRAM BID INFORMATION SHEET BIDIQUOTE #: BID # 03.2013NS APPLICANT: PROJECT ADDRESS: DATE OF BID LETTERS: DATE OF BID OPENING Michele Mankoff 218 SE 4th Ave January 14, 2013 . February 8, 2013 GENERAL CONTRACTORS Abisset Corporation All Phase Roofing ARM Properties Group dba "Ram Construction" Built Solid Construction, LLC Citywide Construction Services, Inc. CJ Contracting, LLC Cordoba Construction Co. CSB Construction, Inc, JIJ Construction Corp. MacDonald Construction Company of Palm Beach Ray Graeve & Sons Construction, Inc. South Florida Construction Services, Inc. Sunband Builders Construction Inc. In -House Estimate: RECOMMENDED CONTRACTOR: BID AMOUNT BID BOND Yes Statement of no bid Yes Yes Statement of no bid Statement of no bid No Yes $ 35,625.00 $ - $ 30,385.00 $ 30,259.00 $ - $ - 31,771.95 $. 27,773.00 $ 31,945.00 Lead Clearance $ 30,416.55 Citywide Construction Services, Inc. BID/CONTRACT AMOUNT: $ 30,259.00 5% Contingency $ 1,512.95 $ 31,771.95 Lead Inspection 450.00 Lead Clearance - Termite Inspection - Termite Treatment NIA Recording Fees 19.10 GRANT CONTRACT AMOUNT 32,241.05 FUNDING SOURCE: Community Development Block Grant (CDBG) Account # 118 -1963- 554 -49.19 COMMENTS: Staff recommends awarding to most responsive bidder Citywide Construction Services, Inc. Lowest bidder did not submit a bid bond. BID (QUOTE NUMBER: BID #03- 2013NS OWNER: Michele- Mankoff ADDRESS: 218 SE 4th Ave BID ADVERTISEMENT DATE: January 14, 2013 BID OPENING DATE: February 8, 2013 "Ib �° Q cmym Q �i° o °c Ciy 1 Install Tapered Flat Deck $ 8,072.25 $ 10,525.00 $ 7,900.00 $ 8,800.00 $ 7,000.00 $ 7,200.00 2 Replace Soffit and Fascia $ 70.50 $ 100.00 $ 425.00 $ 150.00 $ 100.00 $ 225.00 3 House Numbers $ 50.00 $ 35.00 $ 95.00 $ 75.00 $ 40.00 $ 35.00 4 Install all New Impact Windows $ 9,775.00 $ 9,630.00 $ 10,050.00 $ 6,800.00 $ 9,813.00 $ 10,200.00 5 Install Door Bell $ 225.00 $ 250.00 $ 425.00 $ 20100 $ 100.00 $ 150.00 6 Install Exterior Door $ 2,475.00 $ 2,175.00 $ 2,025.00 $ 1,350.00 $ 2,200.00 $ 1,575.00 7 Pour Concrete Driveways $ 3,500.00 $ 6,055.00 $ 3,200.00 $ 4,976.00 $ 3,200.00 $ 4,975.00 8 1 Install Bi -Fold Doors $ 225.00 $ 260.00 $ 185.00 $ 253.00 $ 115.00 $ 180.00 9 1 Install Interior Door $ 1,12500 $ 600.00 $ 600.00 $ 675.00 $ 420.00 $ 475.00 10 Repair Drywall $ 1,108.80 $ 950.00 $ 1,375.00 $ 1,120.00 $ 800.00 $ 480.00 11 Re air Toilet $ 200.00 $ 265.00 $ 145.60 $ 153.00 $ 95.00 $ 125.00 12 Smoke /Carbon Moncoxicde/Arc Detectors $ 525.00 $ 975.00 $ 675.00 $ 411.00 $ 540.00 $ 525.00 13 Install 150 amp Service $ 1,350.00 $ 2,340.00 $ 1,250.00 $ 1,850.00 $ 1,300.00 $ 2,250.00 14 Repair Electrical Service $ 1,140.00 $ 1,040.00 $ 785.00 $ 1,500.00 $ 1,400.00 $ 1,875.00 15 Re air Irrigation and Place Sod as Specified $ 575.00 $ 425.00 $ 1,250.00 $ 1,95D.00 $ 650,00 $ 1,675.00 16. 17 18 19 20 21 22 23 24 25 26 27 28 TOTAL $ 30,416.55 $ $ 35,625.00 $ $ 30,385.00 $ $ 30,259.00 $ $ 27,773.00 $ $ 31,945.00 $ $ MEMORANDUM 'A z TO: Mayor and City Commissioners FROM: Frank Babin, Risk Manager THROUGH: Douglas E. Smith, Interim City Manager DATE: February 13, 2013 SUBJECT: AGENDA ITEM 8.J. - REGULAR COMMISSION MEETING OF FEBRUARY 19, 2013 RENEWAL OF THE INSURANCE AGENT/ BROKER SERVICE AGREEMENT/ THE PLASTRIDGE AGENCY, INC. ITEM BEFORE COMMISSION Final renewal of The Plastridge Agency as the City's property & casualty insurance agent. BACKGROUND Per the attached Agreement dated September 18, 2008, the final year of the Agreement is at the City's discretion. The Human Resources Director and Risk Manager are in concurrence with this final renewal. FUNDING SOURCE Budgeting for FY13 -14 property & casualty insurance programs is made by the Risk Manager. Final approval of the major FMIT insurance package is made by City Commission. Each year the Risk Manager confirms that the commission paid to The Plastridge Agency is within the Agreement limits. RECOMMENDATION Staff recommends City Commission approval of extending The Plastridge Agency for a final year for FYI 3 -14 as permitted by the 9/18/08 Agreement. INSURANCE AGENT/BROKER SERVICES AGREEMENT This agreement ( "Agreement ") made on this -7 k day o 2008, by and between PLASTRIDGE AGENCY, a Florida corporation, hereinafter "Plastridge" with offices'located at 820 N. E. 6th Avenue, Delray Beach, FL 33483, and the CITY OF DELRAY BEACH, a Florida municipal corporation ( "City ") with offices located at 100 N.W. 1St Avenue, Delray Beach, Florida, 33444. WHEREAS, the City issued Request for Proposal No. 2008 -48 requesting proposals from firms to provide insurance for the City; WHEREAS, Plastridge responded to that request with a proposal that the City desires to accept (the "Proposal "), as modified and clarified by this Agreement. NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and value of which is hereby acknowledged by both parties agree as follows; Article 1 Incorporation by Reference 1. The terms and conditions of the City's Request for Proposal for Property and Casualty insurance services (including property, liability, auto, workers' compensation, excess, etc.) RFP No. 2008 -48 and Plastridge's response thereto are hereby incorporated into this Agreement, except as expressly modified by this Agreement. In the event of any inconsistency in interpreting this Agreement, RFP No. 2008 -48 and Plastridge's response provided to the City, the City's interpretation shall prevail. Article 2 Insurance Agent's/Broker's Specific Obligations 2. Plastridge will provide the insurance agent/broker services in conjunction with the insurance policy or policies proposed by Plastridge in conjunction with RFP No. 2008 -48 as awarded by the City during the term of the Agreement in accordance with the requirements set forth in this Agreement. a. Plastridge will coordinate with City staff to assure that up -to -date exposure data is incorporated into issuance of newly purchased policies. It is imperative that the City staff advise Plastridge Agency Inc. in writing of changes being contemplated or as soon as possible so that Plastridge Agency Inc. can properly advise the City of coverages needed. b. Plastridge will assure that the policies issued are acceptable to the City and meet the City's specifications for coverages. C. Plastridge will endeavor to correct policy deficiencies and deliver to the City noting corrections ordered. d. Plastridge will properly deliver the policies to the City. If any deficiencies from the accepted proposal remain as herein modified or as expressed as a requirement, Plastridge will provide a timeline for their resolution to the satisfaction of the City. After the initial year, Plastridge Agency, Inc. will deliver binders on or before the inception date (10/1) and deliver actual policies within 60 days unless the delay can be substantiated that it was beyond Plastridge's control. VA e. Plastridge will promptly and accurately process insurance policy endorsements and other written change requests as needed. f. Plastridge will work with the risk manager to take advantage of the loss control/safety services available from the insurers whose policies were purchased through the agent and thereafter coordinate loss control/safety services desired by the City that are available from the insurers whose policies were purchased through the agent when required. We anticipate the loss control will be on City premises twice a year and specifically often if there are claims issues or other problems that need to be addressed. g. In a timely manner, Plastridge will assist the City in filing claims with insurers from whom the City has purchased policies through the agent. Plastridge shall diligently work to be sure the insurance companies perform in a manner beneficial to the City. h. Plastridge will be available for risk management meetings with the City and for meetings with the City Commission as desired by the City during the year. L Plastridge will issue certificates within two business days of receipt of a written request for same from the City. 3 j. Plastridge will monitor and at least semi - annually notify the City of major developments regarding the insurance industry or the City's insurers or policies that may affect the City. k. Plastridge will respond in writing to written questions about the coverage or other insurance policy issues within three business days. I. Plastridge, upon mutually agreeable dates and times to be initiated by Plastridge, but not less than annually, will review with Risk Manager and the City Manager or whomever is designated the premium /coverage of the City for the policies purchased. M. Plastridge will provide the City's Risk Manager, in the semi - annual review or at least 150 days prior to renewals, estimates of renewal changes in premium, coverage, policy terms, etc. Plastridge will provide renewal questionnaires to the Risk Manager and assist with completing when necessary. It is expected the renewal questionnaire will be received by Plastridge within two weeks of delivery to the Risk Manager. n. Plastridge will present renewal pricing and policy changes to the City not less than 45 days before renewal. If unable to meet this requirement, Plastridge shall provide a written explanation to the City sufficient to enable the City to corroborate its explanation. Only valid reasons beyond Plastridge's control shall be deemed acceptable to the City. S1 o, If the City conducts an RFP process for coverages provided, Plastridge will promptly provide necessary background and rating data, and premium /claims history information desired for the RFP. P. Plastridge will fully disclose insurance policy premiums and commissions or other remuneration received for the sale of such policies. q. Plastridge will permit the City to conduct an audit of all remuneration /revenues attributable to the City's account and to fully cooperate with persons designated by the City to perform such audit. r. Plastridge agrees to provide, upon request, all records, writings and correspondence; in electronic or other forms upon receipt. Article 3 City's Obligations 3. Plastridge will be compensated through commission provided by the carriers and as stated in Item 2t above, this will be fully disclosed. The Florida Municipal Insurance Trust will pay be paying commission of 6 %. All other commissions will be negotiated with the carriers and Plastridge will aim to achieve 6% commission. Some companies, specifically government insurers like the Federal Flood Program and Citizens do not allow a reduction in commission. Therefore, Plastridge cannot change that commission. Plastridge assures that the total commission income will not exceed $125,000 for the fiscal year. 5 13 Article 4 Insurance /Third Party Administrators Plastridge shall provide the following insurance as set forth in the RFP and response provided however the City reserves the right to accept or reject all policies, deductibles, retentions and terms in accordance with the City's determination as to what is in the best interest of the City. (a) Plastridge shall work with Gallagher Bassett Services which shall remain the City's third party administrator notwithstanding the proposal submitted by Plastridge, unless otherwise notified by the City. (b) Plastridge shall work harmoniously and cooperatively with Gallagher Bassett Services. Article 5 Term and Termination 5. The initial term of this Agreement shall be from the date of execution through September 30, 2011. This Agreement includes three (3) one- year renewals at the City's discretion. (a) This Agreement may be terminated for cause under the following circumstances. If either party fails to carry out and comply with any of the 6 0 covenants, conditions, and agreements to be performed by it, then the other party may notify in writing to the non - complying party for such failure or default and demand that the same be remedied within ten (10) days. In the event of the failure to so remedy within said period, the non- defaulting party shall thereupon have the right to cancel and terminate the Agreement immediately upon delivery of written notice to the other party. Should a party receive a second notice of failure or default, such party shall have no right of remedy and the Agreement shall terminate upon written notice to the defaulting party. Article 6 Miscellaneous Notices — All notices shall be in writing and sent by registered and certified mail addressed as follows: Plastridge Agency, Inc Brendan T. Lynch 820 N.E. 6��' Avenue Delray Beach, FL 33483 Copy to: Peter Arts 2100 N. Dixie Highway Boca Raton, FL 33431 City of Delray Beach: Frank Babin, Risk Manager Risk Management 100 N.W. 1St Avenue Delray Beach, FL 33444 Copy to: David Harden, City Manager 100 N.W. 1St Avenue Delray Beach, FL 33444 (a) Succesors and Assigns -- This Agreement shall not be assigned. The parties recognize that the quality of Plastridge Agency was a prime reason for its decision to award this contract to it. 7 (b) Force Majeure — If, because of Acts of God, strikes or other labor disputes, vendor delays, or other unavoidable cause, either party is unable to perform its obligations hereunder, such non - performance shall not be considered a breach of the Agreement. (c) Equal Opportunity Employer — Piastridge affirms that it is an Equal Opportunity Employer and will comply with all laws and regulations prohibiting employment discrimination in the performance of the Agreement. (d) The failure of either party to insist upon or enforce any term or provision or to exercise any right, option, or remedy of the Agreement, or to require at any time performance of any provision hereof, shall not be construed as a waiver of any such term or provision. No waiver by either party of any term or provision hereof shall be binding unless made in writing and signed by such party. (e) If any provision of this Agreement is held to be invalid, illegal or unenforceable, the remaining provisions shall remain in full force and effect. (f) In the event an action is brought by either party to enforce the terms of this Agreement, each party shall be required to pay its own legal fees and court costs, through all appeals. n. (g) Nothing contained herein shall be deemed or construed to create any rights to any member of the public or any third party whatsoever. (h) Independent Contractor — Insurance Agent shall at all times be deemed to be an independent contractor and nothing in this Agreement shall be construed to create the relationship of employer and employee, principal and agent, partnership or joint venture as between the Town and Insurance Agent. (i) Governing Law -- This Agreement shall be governed by the laws of the State of Florida and venue shall lie in Palm Beach County, Florida. (j) Intrepretation — This Agreement shall be administered on behalf the City by the City's Risk Manager or his /her designee. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first written above. ATTEST: City Clerk q ppro ed as to Form: r Ci ttorney WITNESSES: CI 4F EL Y BEAC By: Mayor •� rl PLASTRIDGE AGENCY, INC. t B -- - Title, �scw5e ' ._ ... 9 l STATE OF // -� (Seat) COUNTY OF 1� The foregoing instrument was acknowledged before me this A day of >J, 2008, by zzz/'7e,_ , as President a (state or place of incorporation) corporation, on behalf of the corporation He1S is personally known to me or has produced (type of identification) as identification. Signature of Notary Public �t -- NA bTcC to of Florida WO A' PrIf 1, 2009 G0Mrg4 &lD04b'5690 10 MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: Douglas E. Smith, Interim City Manager DATE: February 8, 2013 SUBJECT: AGENDA ITEM 8.K - REGULAR COMMISSION MEETING OF FEBRUARY 19, 2013 SPECIAL EVENT REQUEST/ 15TH ANNUAL CINCO DE MAYO FIESTA ITEM BEFORE COMMISSION City Commission is requested to approve a Special Event Permit for the 15th Annual Cinco de Mayo Festival to be held on Saturday, May 4, 2013 from 11:00 a.m. midnight, on the grounds of the Delray Beach Center for the Arts and to authorize staff support for traffic control and security, fire inspection, trash removal, signage preparation and installation, use of the small stage, and use of a City generator. Site set up is to begin at 6:00 a.m. BACKGROUND Attached are a special event permit, site plan, budget and economic calculator received from Ms. Janie Ramirez, Event Coordinator for the Festival. Cinco de Mayo celebrates the date Mexican soldiers defeated the French at Puebla Mexico. This celebration is a party that represents freedom and liberty. The committee is composed of Hispanic residents of our City. The event will be held entirely on the grounds of the Delray Beach Center for the Arts. The event committee will be responsible for event management, liability insurance, vendor approval, site set up and fencing. Although not requested, a Fire Department inspection will be needed as well as an onsite service unit. The estimated overtime costs are $5,660, administrative fee of $285, $250 for signage, $35 trash boxes and $265 for stage rental for a total cost of $6,495. Per event policies and procedures, the event producer is required to pay 100% of all costs. Since alcoholic beverages will be sold and they will be charging admission, the site will be secured to contain alcohol consumption on site. We also would require that all alcoholic beverages be served in paper or plastic cups, no bottles. Staff also recommends that the event end at 11:00 p.m. versus midnight. RECOMMENDATION Staff recommends approval of the special event permit, staff support for traffic control and security, clean up, EMS assistance and fire inspection, signage preparation and installation and a City generator. Approval is contingent on the receipt of a Certification of Liability Insurance and Alcohol Liability Insurance fourteen (14) days prior to the event and ending the event at 11:00 p.m. versus midnight. Event Name/Tii Event Date(s): City of Delray Beach Special Event Permit Application REVISED 11.2.11 PLEASE TYPE OR PRINT DEIRAY BEACH i1-aneflcactty 1993 2001 Z CNljpw� 6? C& k1A !�±:e bA „n Requesting street closure: yes no (If yes, need time /date for closure and reopening) Event Sponsor /Producer: w Y1 0 — Lafi 0 _ o Co I -h) y 6A Event Contact /Coordinator: Rcalrez- Name, wire Z Address: W i ra y f3prx h r L S 3 i-( Telephone Number: l �"-33U Cellular umber: 9 1- (ool -2q-95- E -mail Address: Event Description/Purpose: _ A TTIqCHC- D Brief History of Event (If applicable): RTTi�C ff D Planned Activities (Outline of activities /number of activities i.e. entertairunent, children's rides, games, other programs): Page I of 5 Page 2 of 5 Number of Individuals Served Previous Year (if applicable): �D y Describe the targeted population and expected attendance: 1300—is-00 Describe how the program or project addresses community needs: Describe your Marketing/Promotions Pro ram How will you marketipromote, i.e. TV, r dio, p sters, flyers, web sites other): i GUf I I Sponsor Category (please check) City o Non- Profit/Charitable 8g Private ❑ Co- Sponsor --- Non- Profit/Private ❑ (If Non-profit attach proof of 50.1c(3), c(d), c(6), C(10), or c(19) or' (d E nt Location (Describe area boundaries of even location): Site plan attached: yes �✓ no (Site plan regrrlred far entire event site. Include locations of tents, stage, portalls, dumpsters, portable lighting, and barricade location if applicable,) Rental of Old School Square: yes ✓ no (If yes, attach proof of approval) Rental of Old School Square Park: yes I ►o (If yes, attach proof of rental agreement with Parks & Recreation) Private Property Use: yes no (If yes, attach letter giving authorization from property owner) Event budget Revenue & Expenses attached: yes v no (Regnlred for all events) LI_ NvwdatOpecial Event Rec{uest\Special Event Permit Application REVISFD FINAL FYI 0- 11(3).doo Page 3 of 5 Previous year Revenue/Expense summary attached: yes no (Required for all events) Arts and Economic Impact Calculator attached: yes no Obtained on line at www,AniericansForTlieArts.org (Required for all events except minor events and 5K Runs) Do you have cash sponsors for the event: yes no (indicated on budget) Do you have inkind sponsors for the event: yes no (Indicated on budget) Serving or selling alcoholic beverages: yes_ no If yes, what entity is obtaining the Alcohol License permit? (If yes, copy of license and alcohol llabillly insurance required tcvo (2) weeks prior to event) Event certificate of insurance attached: yes no t� (Requh -ed tivo (2) weeks prior to event paining the Clty (rs additlorral hisrrred, also required for vendors) Playing of amplified music: (Waiver requh,ed) Yes no Will there be entertainment: yes ✓ no (If yes, attached list of Performers and/or DJ's) If yes, sponsor agrees all entertainment will be fa ily oriented and contain no obscenities: yes no Requesting Police assistance: yes t✓ no (traffic control /security) Will supplement with private security: yes no (If yes, need plan attached) Requesting Emergency Medical assistance: yes no Requesting barricade assistance: yes no (If no, how are you handling ?) Requesting trash relnovaliclean up assistance: yes ` no (If no, how are you handling ?) Requesting trash boxes /containers and liners: yes no Requesting stage use: yes_ no (If yes, check type) Large stage (14' x 36') ❑ Small stage (16' x 21') i( Half small stage (8' x 21') ❑ U: wwdata\Special Event Reque- MSpccial L•:vent Pennit Application REVISED FINAL. FY10 -I 1(3).doc Page 4 of 5 Requesting signage: / yes 1 no Type: 4'A'Eveint sign Parking Signs (✓ r/ Banner hanging Indicate dates required_ P K I I Z Z - W(A (Waiver required f »lore than trvo (2) weekprior to event) Requesting City Portable Generator: yes ✓ no. (If yes, size & power) Food and beverage vendors: _ �`1 yes ✓ 110 I OO If yes, approximate number . j (Health Department approval required) yes ✓ no Tents: yes no If yes, How many. Zo In at size or size required �0 �—/'O' (If yes, teat permits and fire inspections may be needed) Will the event include amusement rides: yes no (If y es, type and location and copy of liability insurance required, also requires state license and inspection.) Will the event be gated: (Show on-site map) Will there be a charge for the event: (If yes, intricate ticket p)-ices) yes no. Yes 110 s 16, Will there be fireworks or other pyrotechnics: yes na (If yes, contact Fire Marshal to obtain and complete permit application) Will there be cooking with compressed gas: yes 110 (Ifyes, contact Fire Marshal for inspections) Will you be providing port -a -lets for (lie event: yes no (If }yes, locate orr site map. If 71o, itidicate honp J�orr frill hainrdle restl•oonr itee(ds) �e n��� Q-Fth PASS Is reserved parking requested: yes (I,f'yes, indicate locations ali d purpose for use) no ✓ U:\w\vdata\SpcddE-vcm RcgncsI\Spccial Event Pen3tit Application REVISFD FINAL FYIO- 11(3).dvc Page 5 of 5 Event Permit Attac cats: Revenue/Expense Budget RevenuclExpense Recap Last Years Event _ Site Plan Arts and Economic Impact Calendar �Letter Requesting Noise Ordinance Waiver Lettcr Requesting Waiver Consumption Alcohol Beverages Proof of Non -Profit Status General Liability Insurance Certificate Alcohol Beverage Liability Certificate —Proof of Rental Agreement or Authorization Letter from Private Property Owner _Hold Harmless Agreement, notarized. Submittal Date Requirements: * Minor Event 45 days prior to event • Intermediate Ei vent 90 days prior to event • Major Event 120 clays Prior to event • Neighborhood Block Party 30 days prior to event i 2-- Event Contractor /coordina ar Date Please print: yA vx r` e Za, ' , r e � Please enclose the appropriate non - refundable application fee payable to the City of Delray Beach, 100 N.W. 1st Avenue, Delray Beach, Florida 33444. Required with permit application. For Staff Use Only Date Received / Application fee received UAimdaWSpceinl Event RequaMpecial Event Penh AppllcationREVISED FINAL FYIO- 11 (3).doe Organization's Mission Statement (Use only the space provided in 12 -point font size) The Hispano- Latino Cultural Alliance, Inc. is committed to raising the awareness of and sharing the Hispanic /Latino culture with people of all ages and cultures, serving as an advocate for diversity and education while providing the necessary resources to effectuate a stronger cultural presence in our communities, schools and government. Brief History of Organization (Use only the space provided in 12 -point font size) Include the founding date, a brief history, and key accomplishments. The celebration of Cinco de Mayo is third in importance of heritage recognition in Mexico, behind Independence Day in September, and Revolution Day in November. Cinco de Mayo is the biggest Mexican celebration in the United States. It showcases the Hispanic /Latino community and serves as a focal point of the cultural heritage in our community. Fourteen years ago, in 1998, the Hispano- Latino Cultural Alliance, inc. was formed and presented the first annual Cinco de Mayo Festival in Delray Beach. It was a modest event with several bands, Hispano /Latino cuisine and was held at the Ocean City Lumber complex in the heart of Downtown Delray. The first event had attracted 400 people for the day long celebration. Many of the attendees were a non - traditional audience. The following year the festival moved to the grounds of Old School Square Cultural Arts Center and formed a partnership with the Hispano- Latino Cultural Alliance to strengthen resources. The second year attendance doubled and reached 800+ attendees. A modest admission of $5.00 per person helped to make the event more accessible. Children underrate 10 were free. This year admission will he $10.00 for adults and children under age 10 are free. The day long celebration was expanded to provide dance and music, and cross cultural activity. Expanded food courts, native arts and crafts booths, a children's play area and activities have solidified Cinco de Mayo as one of the major celebrations in Palm Beach County. In recent years, the event has been drawing attendance of 2000+ people to celebrate the culture and heritage of Mexico. The organization has an active involvement with the Hispanic Youth. The organization offers tutoring to an average of 20 students a semester in grades K — 12"i and has offered assistance with financial aid and college applications and forms. Cinco de May attracts an average of 90+ volunteers each year and showcases local Hispanic artist in Palm Beach county. The goal of the Cinco de Mayo celebration is to provide a stronger presence in our community, schools, government and to pass down to generations the rich cultural heritage of their ancestors. Organization Name: Hispano- Latino Cultural Alliance, Inc. Exhibit A Program /Project Description (Use only the space provided in 12 -point font size) Describe duality and merit of activities and explain how the grant dollars will be used. You may attach an activity timeline. The day long celebration of Cinco de Mayo will consist of several components to insure a successful event: 1. Dance and Music — Local dancers and musicians that are well established in the South Florida region will be engaged for the upcoming Cinco de Mayo Festival. These artists have established a following based on their participation in many of the local and regional multicultural festivals and events in South Florida. A Folkloric dance groups and a Mariachi band are the anchor of the event, adding a touch of Mexican history. We continue to expand the music selection with new musical entertainment. 2. Traditional Foods — Authentic Mexican cuisine will be featured tluoughout the day to add a true flavor of Mexico to the event. Local vendors, established as providers of Mexican flare, will be featured. 3. Children's Activities / Costumes -T- Games such as Spanish bingo, traditional pinatas, face painting, art & crafts and dancing lessons will be available for the children. Costumes from Mexico are encouraged and are worn throughout the day. 4, Art — Each year traditional Mexican artist in both two and three dimensional items will display booths at the Cinco de Mayo Festival. Local artist and vendors are used to enhance the celebration, and to encourage the children to see the possibility of their own careers in the arts. Timeline June — August 2012: Recap and evolution of this year's event. Preliminary budget for 2012 established. September — December 2012: Contract signed with Old School Square for 2013 Event. Budget request and support services request submitted to the City of Delray Beach. Event is confirmed along with event sponsors and marketing participation. January — February 2013: Monthly meetings to confirm talent and vendors and establish footprint on site of Old School Square. Marketing support from Delray Beach Marketing Collaborative is outlined and confirmed (police, barricades, solid waste, etc.) Talent scheduled, vendors booked and tentative entertainment program written. Brochure, posters and banners confirmed. March 2013: Final confirmation of talent and vendor participation. Last minute changes made. May 4, 2013: Cinco de Mayo Festival 11:00 a.m. to 1.:00 p.m. The grant dollars will be used to attract additional talent for the event. Our goal is to eventually bring in some statewide and /or national talent. Evaluation: You may attach up to two (2) pages using 12 -point font to address the following questions as they relate to the organization's project or program, Refer to definitions in the guidelines for terms. 1. Describe the target population and expected number of individuals (participants) to be served by the program or project. Describe how the program or project addresses community needs. Participants — Traditionally, Cinco de Mayo celebrations tend to be exclusive and focused on a specific population. The nature and location of the Delray Bach celebration has opened up new attendance possibilities. First and foremost, the location, Old School Square Cultural Arts Center, establishes this event as one of the major festivals in the area. It also attracts an already expansive multi - cultural audience drawing from the vibrant Atlantic Avenue corridor. The expected attendance for the 2012 festival is 2,000 plus attendees. Hispanic audiences will make up 60% of the attendees with 40% being non Hispanic including white and African American. Of the 2,000+ attendees, approximately 700 will be children either attending or participating in the Folkloric Dance demonstrations. There will be 90+ volunteers with two - thirds being Hispanic and one third other. The city of Delray Beach is known for its cultural and ethnic festivals. Most are celebrated at Old School Square. The location also brings better logistic and technical opportunities to give the visitor the ultimate experience. By proximity, it is the center of the town both physically and emotionally. Old School Square has established a reputation for being inclusive; therefore, non- traditional audiences are more likely to attend the event because of the festival's location. The mission of the festival supports a need in our community to learn and celebrate the various cultural heritages of our area. One of the major focuses of the Delay community is race relations and our understanding the minority population. Cinco de Mayo offers positive education and understanding of the Hispanic experience and offers itself to a non traditional audience. The festival promotes understanding of the other cultures, as well and welcomes their participation in the festival. Participants are immersed in Hispanic culture through the festival, the dance, the music, the traditional clothing, the food and the overall experience. They leave with an appreciation and awareness of this important heritage. 2. Describe the expected particiVant outcomes (these are the actual impacts /benefits /changes for participants during or after your program or project is completed). Participant Outcomes --- as part of our mission, artists will be added to showcase a broader understanding of the Mexican culture through music, storytelling and sharing the story behind the Cinco de Mayo celebration and its history. 3. What is the organization's outcome target(s) for its participant outcomes? (For example if an expected participant outcome is `children will improve their grade point averages in school after completing this program,' the target goal would be the number and percent of participants expected to achieve that outcome). Outcome Targets — Target goals: a. To increase the non Hispanic awareness of the cultural history and celebrations of Mexico. Outcome: to increase non Hispanic audiences by 10% this year. b. To bring more non traditional audiences and tourist to Downtown Delray. Outcome: to expand our marketing efforts through new media sponsorships and resources. c. To attract local visual and performing artist and expand to statewide participation. Outcome: Hire more authentic Hispanic artists with grant fiends including a regionally recognized act, which would draw more attendees and expand the number of people at the event. 4. What outcome indicators does the organization use (or will use) to determine that outcome targets are being reached? Specific outcomes with regards to attendance, sponsorships and artist participation are all monitored very carefully. The event is gated and strict controls regarding paid admissions and complimentary tickets are in place. Assistance from the well established Delray Marketing Collaborative, the Chamber of Commerce, the Downtown Development Authority, the Community Redevelopment Agency, and Old School Square will ensure continued success. All areas of the festival are structured in a well defined budget. 5. Explain how the organization will monitor and evaluate the program or project to know if participant outcome target(s) are being reached. The Board of Directors and partnering organizations hold annual "recap" meetings to discull and monitor all of the festival's goals. Valuable assistance from both staff and resources, from the organizations listed in number 3 above assure the festival is well evaluated and all goals are met. The festival committee implemented a survey in 2009 to establish feedback from festival attendees. Artist and vendors participating in the event will also be asked to fill out Event Surveys to provide valuable feedback on the day's events and logistics. This information will be used of address any areas of concern and assist insetting new goals as well as to determine the needs for festival's continued vitality and growth. DELRAY 8E/vCw @UNK CENTER) FOR TPE ARTS 8UB� dT OLD SCHOOL SQUARE 51 N. Swinton Avenue De|qzyBaa&,JPLM4-4A_- FaarlaL PALM FOUNDATP FOR [/'FO AIII UN Fl | / / � ! � � � | / | / ( � / i ' / / / / | / | | | | | ||| | | | | | � c>-- - -_------- - ---_ _ / / ^n// � � / /�^// 5WxrOv^v=-m E - --- - ---- - ---- - ---- - --- - ---- - ---- - ---- - ---- - ---' -- - " / / | | \ / ' | / � | | | / � | �i *' �| | ! / . . - - / x | \ /// Applicant Naine: Hispano Latino Cultural Alliance Exhibit B -2 May 2013Projected Budget Detail for_Program /Project Break down and explain each item from the expense /revenue categories in Exhibit B -1's Total Program Budget Column. Additional pages may be used, and are encouraged. If in -kind support is a part of the program /project budget, detail it as well and indicate it as in -kind. Double -check for any math errors! EXPENSES Personnel Administration: $1,000.00 (2 technical staff for stage set -up) Outside Artistic: $9,800.00 (5 bands 1,800 each; 1 Mariachi Band @ $400, 1 dance troop @ $400) Professional Services $ 6,000.00 (City of Delray Beach: Security, Parking, Trash Disposal, Generators and Bleacher rentals) Space Rental $3,500.00 (Old School Square) Marketing $2,000.00 (Printing of Posters and Banners $1,000 Radio -- $1,000) Remaining Operating $9,900.00 (Fencing- $1800; Concession products $2,200 Children's Activities $1,500; liability Ins. $2,500; Licensing $150; Office Supplies & meetings $200; Accounting $700; Decorations $850) TOTAL EXPENSES 32,200.00 REVENUE Admissions $11,000.00 Contracted Services $2,000.00 (Vendor Booths) Other Revenue $6,300.00 (Beverage Sales $6,000; Races $200; T -shirt Sales $100) Corp Cont /Sponsors $2,900.00 Private Support /Donor $10,000.00 TOTAL REVENUE 32,200.00 Cinco de Mayo 2012 Budget Actuals REVENUE $ 4,225.00 Vendors $ 1,575.00 Admission $ 5,915.00 Concessions $ 4,900.00 T -Shirts $ 40.00 Races $ 100.00 Donations $ 1,225.00 Grants /Sponsorships $ 5,398.00 Ice sold day of event $ 12.00 Tatoo /Face Painting $ 60.00 Improv Studios TOTAL $ 19,225.00 EXPENSES Old School Square $ 4,225.00 City of Delray Beach $ 3,308.00 City of Delray Beach (Event Permit) $ 150.00 City of Delray /Parks & Recreation $ 740.00 Insurance $ 1,315.00 Liquor License $ 25.00 Tents & Chairs $ 1,209.00 Fence $ 1,692.12 Palm Beach Post $ 2,096.59 Civil Air Partol $ 100.00 Improv Studios $ 300.00 RJM $ 650.00 Downtown Photo $ 275.60 Riser Interacitve $ 150.00 Rock N Faces $ 600.00 Mini Dream Parties $ 900.00 Bachamambo $ 1,500.00 Mariachi Poncho Villa $ 350.00 DJ - Rick Medina $ 700.00 Brown Distributing $ 678.80 Drinks purchased $ 1,179.72 Decorations $ 282.90 Accounting $ 700.00 Miscellaneous $ 1,708.24 Misc expenses for event $ 575.43 TOTAL $ 25,411.40 NET INCOME $ (6,186.40) Palm Beach County Cultural Council Police /Parmedics Event Insurance /Plastridge Advertisment Country Ice $420, Signs $969.74, Golf Carts 318.50 Untitled Document Page 1 of 1 Itiforinatimi STEP 9: POPULATION POPULATION of your community: Less than 50,000 STEP 2: TOTAL EXPENSES (optional) Your Organization's TOTAL EXPENSES (please do not use commas): $ 32200 STEP 3: TOTAL ATTENDANCE (optional) TOTAL ATTENDANCE to your organization's arts events (again, do not use commas): 1500 calculate reset Total Ecoiiomic Impact Of: Definitions Total Expenditures: The total dollars spent by your nonprofit arts and culture organization and its audiences; event - related spending by arts and culture audiences is estimated using the average dollars spent per person by arts event attendees in similafly populated communities. Back to Calculator FTE Jobs: The total number of full -time equivalent (FTE) jobs in your community that are supported by the expenditures made by your arts and culture organization andlor its audiences. An FTE can be one full -time employee, two half -time employees, four employees who work quarter -time, etc. Back to Calculator Household Income: The total dollars paid to community residents as a result of the expenditures made by your arts and culture organization and/or its audiences. Household income includes salaries, wages, and proprietary income. Back to Calculator Government The total dollars received by your local and state governments (e.g., license fees, taxes) as a result of the Revenue: expenditures made by your arts and culture organization and/or its audiences. Back to Calculator When using estimates derived from this calculator, always keep the following caveats in mind: (1) the results of this analysis are based upon the averages of similarly populated communities, (2) input/output models were customized for each of these similarly populated communities, providing very specific employment, household income, and government revenue data, and (3) your results are therefore estimates, and should not be used as a substitute for conducting an economic impact study that is customized for your community. O Copyright 2007 by Americans for the Arts. vAvw.AmericansForTheArls,om li ttp : / /www.americansfoilhearts.org /information services /researel-tlservices /economic ini... 10/23/2012 Total Expenditures Household Local FTE Jobs Incorrte Government State Government Revenue Revenue Nonprofit Arts and Culture $32,200 0.9 $19,519 $951 $1,202 Organizations: Nonprofit Arts and Culture $42,390 1.1 $$15,296 $1,770 $2,005 Audiences: - Total Industry Impact: (The Sum of Organizations and Audiences) $74 , 590 2 $34,815 $2 , 721 $3,207 Print Your Results Please see the fine print below. Definitions Total Expenditures: The total dollars spent by your nonprofit arts and culture organization and its audiences; event - related spending by arts and culture audiences is estimated using the average dollars spent per person by arts event attendees in similafly populated communities. Back to Calculator FTE Jobs: The total number of full -time equivalent (FTE) jobs in your community that are supported by the expenditures made by your arts and culture organization andlor its audiences. An FTE can be one full -time employee, two half -time employees, four employees who work quarter -time, etc. Back to Calculator Household Income: The total dollars paid to community residents as a result of the expenditures made by your arts and culture organization and/or its audiences. Household income includes salaries, wages, and proprietary income. Back to Calculator Government The total dollars received by your local and state governments (e.g., license fees, taxes) as a result of the Revenue: expenditures made by your arts and culture organization and/or its audiences. Back to Calculator When using estimates derived from this calculator, always keep the following caveats in mind: (1) the results of this analysis are based upon the averages of similarly populated communities, (2) input/output models were customized for each of these similarly populated communities, providing very specific employment, household income, and government revenue data, and (3) your results are therefore estimates, and should not be used as a substitute for conducting an economic impact study that is customized for your community. O Copyright 2007 by Americans for the Arts. vAvw.AmericansForTheArls,om li ttp : / /www.americansfoilhearts.org /information services /researel-tlservices /economic ini... 10/23/2012 MEMORANDUM TO: Mayor and City Commissioners FROM: Jasmin Allen, Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: Douglas E. Smith, Interim City Manager DATE: February 14, 2013 SUBJECT: AGENDA ITEM 8.L. - REGULAR COMMISSION MEETING OF FEBRUARY 19, 2013 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 February 4, 2013 through February 15, 2013. BACKGROUND This is the method of informing the City Commission of the land use actions, taken by designated Boards, which may be appealed to the City Commission. After this meeting, the appeal period shall expire (unless the 10 day appeal period has not occurred). Section 2.4.7(E), Appeals, of the LDRs applies. In summary, it provides that the City Commission hears appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: The item must be raised by a Commission member. By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. REVIEW BY OTHERS Site Plan Review and Appearance Board Meeting of February 13, 2013 A. Denied (7 to 0), an amendment to the master sign program for the Bed Bath & Beyond Plaza to allow the installation of a flat wall sign for "Enterprise Rent -A- Car ", located at the southeast corner of West Atlantic Avenue and Military Trail (14832 South Military Trail). B. Postponed (7 to 0), a color change request for Delray Decorators Business Building, an existing commercial building located on the east side of NE 4th Avenue, between NE 1 st Street and NE 2nd Street (143 NE 4th Street). C. Approved (7 to 0), a Class I site plan modification associated with architectural elevation changes for SunTrust Bank, located at the southeast corner of East Atlantic Avenue and SE 3rd Avenue (302 East Atlantic Avenue). D. Approved with conditions (7 to 0), a Class I site plan modification for architectural elevation changes associated with the establishment of the Big Lots of Delray Beach at the Delray Town Center, located at the northeast corner of Linton Boulevard and Military Trail (4801 Linton Boulevard). E. Approved with conditions (7 to 0), a reconsideration of the architectural elevations associated with a Class III site plan modification for interior conversion of an existing retail building to a full service restaurant with bar and bowling alley for Downtown Bowling, located on the east side of Pineapple Grove Way, between East Atlantic Avenue and NE 1 st Street (45 NE 2nd Avenue). F. Approved with conditions (7 to 0), a Class III site plan modification and landscape plan associated with the conversion of a former 7,800 sq. ft. retail use to a micro - brewery to manufacture beer only, including indoor and outdoor tasting areas for Saltwater Brewery, located at the northwest corner of West Atlantic Avenue and the CSX Railroad (25 NW 18th Avenue). Other Items G. The Board reviewed a listing of signs that were administratively approved in the 4th quarter of 2012. Historic Preservation Board Meeting of February 6, 2013 1. Approved (5 to 0, Iris McDonald and Reginald Cox absent), a Certificate of Appropriateness associated with alterations and additions on a non - contributing structure located at 170 Marine Way. Also, the Board recommended to the City Commission approval (4 to 1 (Samuel Spear dissenting) of the request for the historic designation of the property (to be known as "The Marina House ") and that the designation be listed in the Local Register of Historic Places. Other Ttems No other appealable items were considered by the Historic Preservation Board. 2. Approved (5 to 0), a variance request to maintain the base floor elevation of 4.2 feet versus the required 7.0 feet associated with the installation of exterior equipment at 65 Palm Square, Marina Historic district. RECOMMENDATION By motion, receive and file this report. Attachment: Location Map • CITY COMMISSION MEETING - _ _ _ CITYLIMITS . _ _ _ N APPEALABLE ITEMS ONE MILE LOCATION MAP PLANNING AND ZONING GRAPHIC SCALE DEPARTMENT FEBRUARY 19, 2013 SPRAB: A. ENTERPRISE RENT -A -CAR HPB: ""9 D. BIG LOTS OF DELRAY 1. 170 MARINE WA B. DELRAY DECORATOR BUSINESS BUILDING E. DOWNTOWN BOWLING C. SUNTRUST BANK F. SALTWATER BREWERY -- DIGITAL BASE MAP SYSTEM -- -- DLS -- MAP REF: S: \Planning & Zoning \DBMS \File— Cab \CC— DDC \2 -19 -13 Osceola Park Update Tuesday, February 19, 2013 Osceola Park has been working on another alley for the 3` Art in the Alley, Sunday March 3`d Yes, we should have been wearing hazmat suits. This is the alley directly behind the house that former Mayor Woodie McDuffie called his childhood home. I'm only sorry I don't have photos. The before photo would simply have been a blur of green. During the clean -up residents stopped a person from using the alley as his usual toilet. Now it is clear. Residents are mending the fences they couldn't reach from the alley side. I'll apologize for the amount of vegetation and debris that Waste Management picked up at the cost of the City of Delray Beach. But the residents did the work. Saturday I chatted with two of the POP Officers who were so pleased to see the clear alley. It will be greater safety and evidently better health for Osceola Park. The following report is possible due to the work the POP Unit (Problem Oriented Policing) has accomplished in Osceola Park in partnership with the residents. These officers engaged the residents, work with the residents, and report to the residents every month. Osceola Park residents know the officers of the POP Unit. We care for them as much as they care for us. presume all neighborhoods would like to have a POP Unit, but I won't give them up for Osceola Park. The numbers are impressive. Crime 2011 2012 Aggravated Assault 4 2 Aggravated Battery 5 1 Felony Battery 6 1 Non - Residential Burglary 2 1 Residential Burglary 29 8 Unlocked Auto Burglary 10 3 Child Molestation 6 1 Armed Robbery 4 2 Strong Arm Robbery 4 2 Auto Parts Theft 9 5 Bicycle Theft 7 1 Grand Theft 12 4 Theft of Building 14 7 MEMORANDUM TO: Mayor and City Commissioners FROM: CANDI N. JEFFERSON, SENIOR PLANNER PAUL DORLING, AICP, DIRECTOR OF PLANNING AND ZONING THROUGH: DOUGLAS E. SMITH, INTERIM CITY MANAGER DATE: February 13, 2013 SUBJECT: AGENDA ITEM 10.A. - REGULAR COMMISSION MEETING OF FEBRUARY 19, 2013 RECONSIDERATION OF A WAIVER REOUEST FOR LINTCO DEVELOPMENT ITEM BEFORE COMMISSION The action requested of the City Commission reconsideration of a waiver to LDR Section 4.6.9(13)(3)(c) (1) to reduce the stacking distance from the required fifty feet (50') for parking lots with fifty -one (5 1) or more spaces to twenty -eight feet nine inches (28'9 ") at the northern entrance on SW 4th Avenue for the Lintco Development. BACKGROUND On January 15, 2013, by a vote of 3 to 2, the City Commission denied the waiver to LDR Section 4.6.9 (13)(3)(c)(1) to reduce the stacking distance from the required fifty feet (50') for parking lots with fifty - one (51) or more spaces to twenty -eight feet nine inches (28'9 ") at the northern entrance on SW 4th Avenue. On February 5, 2013, the City Commission voted to reconsider the requested stacking waiver at the applicant's request. WAIVER ANALYSIS Stacking Distance: Pursuant to LDR Section 4.6.9(13)(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'). The proposed development does not meet this requirement at the north entrance on SW 4th Avenue (see waiver discussion below): 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)(I) to twenty -eight feet nine inches (28'9 ") at the north entrance on SW 4th Avenue. 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: "The northernmost entrance on SW 4thAvenue is a secondary entrance — the other entrance along SW 4th Avenue is the primary entrance and meets the 50'0" stacking distance. We believe this waiver is justified as the immediate parking in the area adjacent to this entrance is less than 51 spaces (34 spaces are proposed). We have modified the secondaryentrance so that all vehicles entering the site will have a stacking distance of 45'0" (this secondary entrancemet the 50'0" requirement prior to a 5'0" R. 0. W. dedication to the city). We are requesting a waiver for the vehicles exiting the property to 28'9 ". " Separate requirements are not required for entering and exiting vehicles, as expressed in the applicant's statement. Therefore, the appropriate request is to reduce the stacking distance to 289". Based upon the provision of three (3) possible entries and exits to the site, including the secondary northern access point on SW 4thAvenue, 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 in the reduction of the stacking distance requirement at the north entrance on SW 4thAvenue with respect to LDR Section 2.4.7(B)(5). REVIEW BY OTHERS On November 14, 2012, the Site Plan Review and Appearance Board (SPRAB) made a recommendation of approvalto the City Commission of a waiver to LDR Section 4.6.9(D)(3)(c)(1) to reduce the stacking distance from the required fifty feet (50') for parking lots with fifty -one (51) or more spaces to twenty -eight feet nine inches (28'9 ") at the northern entrance on SW 4th Avenue. RECOMMENDATION By motion, approve the waiver to LDR Section 4.6.9(D)(3)(c)(1) to reduce the stacking distance from the required fifty feet (50') for parking lots with fifty -one (51) or more spaces to twenty -eight feet nine inches (28'9 ") at the northern entrance on SW 4th Avenue for Lintco, due to positive findings with respect to LDR Section 2.4.7(B)(5). IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST TO THE STACKING DISTANCE FOR LINTCO DEVELOPMENT 1. This waiver request to the stacking distance for Lintco Development came before the City Commission on February 19, 2013. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request to the stacking requirements. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. WAIVER: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. A. Waiver to the Stacking Distance Requirements Pursuant to LDR Section 4.6.9(D)(3)(c)(1): 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'). 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 -eight feet nine inches (28'9 ") at the north entrance on SW 4 t" Avenue. Does the waiver request meet all the requirements of 2.4.7(8)(5)? Yes No 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves denies the waiver request to LDR Section 4.6.9(D)(3)(c)(1). 6. Based on the entire record before it, the City Commission hereby adopts this Order this 19th day of February, 2013, by a vote of in favor and opposed. ATTEST: Chevelle Nubin, City Clerk 2 Thomas F. Carney, Jr., Mayor SITE PLAN REVIEW AND APPEARANCE BOARD CITY OF DELRAY BEACH -- -STAFF REPORT - -- MEETING DATE: November 14, 2012 AGENDA ITEM: Lintco Development — Class V Site Plan, Landscape Plan and Architectural Elevations associated with construction of a 51,412 sq. ft. shopping center consisting of three (3) commercial buildings and associated parking on an existing 7.09 acre vacant site located on the north side of Linton Blvd., west of SW 4th Ave. GENERAL DATA: Owner/ Applicant .......................... Lintco, Inc. Agent. . ... ................................... GE Architecture, Inc. Location ....... ............................... On the north side of Linton Boulevard, west of SW 4t" Avenue Property Size .............................. 7.09 acres Existing FLUM ............................ GC (General Commercial) Adjacent FLUM .................North: MD (Medium Density Residential) East: CMR (Commerce) and TRN (Transitional) South: GC (General Commercial) West: MD (Medium Density Residential) & CF (Community Facilities) Existing Zoning ........................... GC (General Commercial) Adjacent Zoning, ............... North: RM (Multiple Family Residential) East: MIC (Mixed Industrial & Commercial) and POD (Professional Office District) South: PC (Planned Commercial) West: R -1 -A (Single Family Residential) and CF (Community Facilities) Existing Land Use ...................... Vacant Proposed Land Use .................. Commercial Water .... ............................... Water service must be extended from existing 16° valve along SW 4th Ave. Sewer .... ............................... Sewer service must be extended from existing 6" main along SW 4th Ave. PINE GROVE ELEMENTARY SCHOa. FALL R1OGE Hpi i 3 of DFjRAY STcfiuNG �YEHJE E oww+ss j SCVIHRI RO GULF STREA COMMERCIAL CE LJN" TRU r UNION RIDGE CONDO G SAKI AVE BC�N AVE SLCUF7 7Y r s�IF srazA TWO -1 CIXJDG �i' L I N T O N B O U L E V A R D TERNARONAL PLAZA COSTCO s � DELRAY IND -WEW PART MENTS L� SC I THE NINGS MILLM _ FIELD Ec apae APlLLER PARK ..... '. ,. CLUB p I TOWN ITEM BEFORE THE BOARD. The item before the Board is the approval of the following aspects of a Class V site plan request for Lintco, pursuant to Land Development Regulations (LDR) Section 2.4.5(F): O Site Plan; D Landscape Plan; CI Architectural Elevations; and O Waiver The subject parcels are located on the north side of Linton Boulevard, west of SW 4th Avenue BACKGROUND ANALYSIS The subject properties are located in a Subdivision of Section 20, Township 46 and Range 43, according to the public records of Palm Beach County, as recorded in Plat Book 1, Pages 4 and 5 on March 25, 1910. The twelve (12) parcels total approximately 7.09 acres in size and are currently undeveloped. The parcels were annexed to the City of Delray Beach on October 11, 1988 via City Ordinance Number 115 -88. On December 6, 2005, the City Commission approved Ordinance Number 56- 05, which changed the Future Land Use Map (FLUM) designation from RDA -3 (Redevelopment Area -3) to MD (Multiple Family Residential) for the parcels. Also on December 6, 2005, the City Commission approved Ordinance Number 60 -05 which changed the zoning from R-1 -A (Single Family Residential) to RM (Multiple Family Residential). On July 19, 2010, the Planning & Zoning Board recommended approval to the City Commission for a land use map amendment to change the Future Land Use Map designation from MD to GC and to change the zoning from RM to GC for the subject twelve parcels for Lintco, LLC. The City Commission approved the rezoning request on November 30, 2010. The FLUM designation change from MD to GC was approved with Comprehensive Plan Amendment 2010- 1 on December 14, 2010 by the City Commission. To ensure that traffic concurrency could be achieved on the property at its maximum development potential, Comprehensive Plan Amendment 2010 -1 also included a text amendment to the Future Land Use Element to limit the maximum non - residential development intensity on the subject property to an FAR (Floor Area Ratio) of 0.36, instead of the 3.0 normally permitted within the General Commercial FLUM designation. A text amendment to the Land Development Regulations was approved by the City Commission on August 7, 2012 to add this restriction to the Supplemental District Regulations of the General Commercial zoning district. Now before the Board for consideration is a Class V Site Plan proposal for Lintco Development which includes construction of a 51,412 sq. ft. shopping center consisting of three (3) commercial buildings and associated parking on the subject property. PROJECT DESCRIPTION The development proposal consists of the following: 0 Building "A" will consist of 41,029 sq. ft. with one (1) restaurant and six (6) retail bays SPRAB Staff Report: Meeting of 11/14/12 Lintco -- Class V Site Plan, Landscape Plan, Architectural Elevations and Waiver Page 2 O Building "B" will consist of a 3,371 sq. ft. bank, ATM and three (3) drive -thru lanes and a bypass lane. O Building "C" will consist of 7,012 sq. ft. with one (1) restaurant, one (1) coffee shop and two (2) retail bays O Construction of a two hundred seventy -three (273) space parking lot O Installation of associated landscaping The following requests for relief are associated with this Class V application: 0 A waiver 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)(2), to twenty - eight feet nine inches (28'9 ") at the north entrance on SW 4th Avenue. Final approval of this waiver is by the City Commission. 0 A variance to reduce the perimeter landscape buffer along Linton Boulevard from the thirty feet (30) required pursuant to LDR Section 4.3.4(H)(6)(b)(4), to 17'2 ", 177, 17'9 ", 18'1" and 18'9 ". A waiver request to this section was submitted. However, since the requirements under which this section may be waived have not been met, a variance is required. Approval of this variance is by the Board of Adjustment. 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 applicationlrequest. LDR Section 4_3 =4(K ) Development Standards Matrix — Nonresidential Zoning Districts: The following table indicates that the site complies with LDR Section 4.3.4(K) as it pertains to the General Commercial (GC) zoning district: LDR Article 4.6 — Supplemental District Regulations: Lighting: 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, all of the proposed lighting fixtures will meet the 25' maximum height. The proposed photometric plan is also consistent with the Illumination Levels and Uniformity criteria for commercial parking lots listed in LDR Section 4.6.8. These criteria require Standard: Provided: Building Height-, 48' 31'4" Building Setbacks: Front 10' 62W7 Rear 10' 357' Side Street 10' 124'6" Side Interior 10' 56'2" Open Space: 25% 25.1% LDR Article 4.6 — Supplemental District Regulations: Lighting: 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, all of the proposed lighting fixtures will meet the 25' maximum height. The proposed photometric plan is also consistent with the Illumination Levels and Uniformity criteria for commercial parking lots listed in LDR Section 4.6.8. These criteria require SPRAB Staff Report: Meeting of 11/14/12 Lintco — Class V Site Plan, Landscape Plan, Architectural Elevations and Waiver Page 3 a maximum footcandle level of 12.0 and a minimum footcandle level of 1.0 for the parking lot. The photometric plan submitted has a maximum footcandle level of 10.9 and a minimum footcandle level of 1.0 throughout the parking lot and service areas. With the exception of portions of the rear of Building "A ", lighting fixtures on the buildings have not been identified on the photometric plan. Since minimum lighting standards are required for building entrances and under overhangs and canopies, the photometric plan must be revised to show the location of these fixtures and lighting levels must be shown in the required areas. This has been included as a condition of approval. Florida Statutes include certain requirements with regard to the lighting of automated teller machines (ATM), which have resulted in higher lighting levels than would be permitted under the aforementioned criteria, These requirements are as follows: O F.S. 655.962(1)(a): There shall be a minimum ten (10) footcandle power where at the face of the automate_ d teller machine and extending in an unobstructed direction outward five feet (5). O 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. O 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. The proposed photometric plan for the bank must be consistent with the above Florida Statutes and meet requirements of LDR Section 4.6.8. Parking: Pursuant to LDR Section 4.6.9(C)(3)(e), shopping centers totaling 25,000 to 400,000 sq. ft. shall provide 4.0 parking spaces per 1,000 square feet of gross floor area. Thus, the proposed 51,412 square foot shopping center requires two hundred six (206) parking spaces plus an additional (6) spaces for the 1,600 sq. ft. of outdoor dining area, for a total requirement of 212 spaces. Since two hundred seventy -three (273) spaces have been proposed on site, this standard is met. It is noted, however, that the required parking calculations on the site plan are misrepresented. The parking has been allocated pursuant to LDR Section 4.6.9(C)(3)(a) for commercial uses at 4.5 spaces per 1,000 sq. ft., whereas the shopping center parking rate is applicable. Thus, the site plan shall be revised to represent the required parking for a shopping center based upon the proposed square footage, including outdoor dining areas. This is attached as a condition of approval. 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) ring bike racks are proposed for Building "A" with the minimum number of spaces provided, it is noted that no bike racks are proposed for the other two buildings. To encourage the use of bikes as an alternative transportation method, especially for employees at the shopping center, an additional bike rack should be provided for each building. This has been included as a condition of approval. SPRAB Staff Report: Meeting of 11/14/12 Lintco — Class V Site Plan, Landscape Plan, Architectural Elevations and Waiver Page 4 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, two percent (2 %) of the parking spaces serving the development must be handicap accessible. Based upon the two hundred seventy -three (273) on -site parking spaces provided, the development needs to provide a minimum of five (5) handicap accessible parking spaces. A total of eight (8) 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'). The proposed development does not meet this requirement at the north entrance on SW 4t" Avenue (see waiver discussion below): Waiver Analysis: A waiver has been requested to reduce the stacking distance from the fifty feet (50) for parking lots with fifty -one (59) or more spaces required pursuant to LDR Section 4.6.9(D)(3)(c)(2) to twenty -eight feet nine inches (2879 at the north entrance on SW 4th Avenue. Pursuant to LDR Section 2.4.7(6) (5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. The applicant has provided the following justification statement regarding the waiver request: "The northernmost entrance on SW 4th Avenue is a secondary entrance — the other entrance along SW 4th Avenue is the primary entrance and meets the 50'0" stacking distance. We believe this waiver is justified as the immediate parking in the area adjacent to this entrance is less than 59 spaces (34 spaces are proposed). We have modified the secondary entrance so that all vehicles entering the site will have a stacking distance of 45`0" (this secondary entrance met the 50'0° requirement prior to a 5'0" R. O. W. dedication to the city). We are requesting a waiver for the vehicles exiting the property to 28'9 "." Separate requirements are not required for entering and exiting vehicles, as expressed in the applicant's statement. Therefore, the appropriate request is to reduce the stacking distance to SPRAB Staff Report: Meeting of 11/14/12 Lintco — Class V Site Plan, Landscape Plan, Architectural Elevations and Waiver Page 5 28'9 ". Based upon the provision of three (3) possible entries and exits to the site, including the secondary northern access point on SW 4th Avenue, 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 in the reduction of the stacking distance requirement at the north entrance on SW 4th Avenue with respect to LDR Section 2.4.7(6)(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 three (3) lane drive -thru facility in which each lane provides the minimum 100' of stacking. The innermost drive —thru aisle proposes one hundred feet (100') of stacking, with all others further exceeding the minimum requirement. Thus, this standard has been met. Special Landscape Setback: 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." 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'). The development proposal has requested a waiver to all varying reduced landscape buffer widths (i.e. 17'2 ", 177', 17'9 ", 18'1" and 18'9 ") along the Linton Boulevard frontage. The applicant submitted the following justification in support of the waiver: "We are requesting a waiver from the LDRs to satisfy two (2) requests from Palm Beach County, the first (1t) is to provide a tum lane into the site and the second (2"d) is for an additional 12' -0" R, 0. W. The turn lane has been provided and we are also dedicating an additional 12' -0" R.O.W. for Linton Boulevard, therefore we are requesting a reduction from the required 30'O" east of the main entrance and on the west side of the main entrance (which is still above the minimum of 10'-0')." As depicted in this statement, the applicant's request for this waiver is not to accommodate landscape features, decorative walls, meandering sidewalks, and other decorative pedestrian ways, which is a requirement of the waiver as expressed in the language of LDR Section 4.3.4(H)(6)(b)(4). Therefore, under these circumstances, a waiver is not permitted and relief from this section of the code will require a variance by the Board of Adjustment. Staff can concur that site has had to dedicate a considerable amount of right -of -way along Linton Boulevard to meet the minimum right -of -way requirements per the Comprehensive Plan and Palm Beach County requirements. However, in a good faith effort to meet the intent of the code, staff feels that the applicant could accommodate the balance of the requirement for 2 SPRAB Staff Report: Meeting of 11/14/12 -Lintco — Class V Site Plan, Landscape Plan, Architectural Elevations and Waiver Page 6 thirty foot (30') landscape buffer along Linton Boulevard, if one (1) parking row was eliminated. The site has a parking surplus. Only two hundred twelve (212) spaces are required, whereas two hundred seventy -three (273) spaces have been provided. Elimination of a more than twelve foot (12') deep parking row consisting of about thirty -one (31) parking spaces fronting along Linton Boulevard would bring the site into compliance to meet the thirty foot (30) buffer requirement. This would leave the site with two hundred forty -two (242) parking spaces which maintains a thirty (30) space parking surplus. It is noted that the New Century Commons shopping center across Linton Boulevard provided the required thirty foot (30') buffer_ Allowing a reduced buffer for the Lintco Development might be considered a special privilege due to the fact that the site is currently undeveloped and the buffer can be accommodated to allow for increased aesthetic value and consistency with new and existing developments along the Linton Boulevard streetscape. Staff suggests that the applicant redesign the parking lot along Linton Boulevard to accommodate the required thirty foot (30') landscape buffer and support the intent of the Code. Although staff does not support a variance to this requirement, the applicant may still seek relief through the variance process. Therefore a condition of approval has been added requiring that the site plan be modified to comply with the requirements of LDR Section 4.3.4(H)(6)(b)(4) or a variance request be submitted to and approved by the Board of Adjustment. Infrastructure Improvements: On October 16, 2012, the Palm Beach County Traffic Engineering Division reviewed the proposed traffic study for the Lintco Development to determine traffic concurrency. Pursuant to the Traffic Performance Standards in Article 12 of the Palm Beach County Land Development Code, the Traffic Division has determined that the proposed shopping center will meet the Traffic Performance Standards of Palm Beach County subject to provision of an exclusive westbound right turn lane along Linton Boulevard at the project's main access location. This is attached as a condition of site plan approval. Right -of -way Dedications: SW 4th Avenue: Pursuant to LDR Section 5.3.1(D)(2), a fifty foot (50') right -of -way exists on SW 4th Avenue where eight feet (80) is required for a City Collector. A five foot (5) right -of -way dedication along the west side of SW 4th Avenue was recommended to the City Commission by the DSMG (Development Service Management Group on October 18, 2012, and is reflected on the proposed plans. This will provide for thirty feet (30) of right -of -way along the west side of SW 4th Avenue. This dedication will be reflected in a subsequent plat, which is required as a condition of site plan approval. Linton Boulevard: Pursuant to Table T -1 of the Transportation Element of the Comprehensive Plan, a thirty foot (30') to fifty -three foot (53') right -of -way exists on Linton Boulevard where sixty feet (60') is required along the north side of the road. Right -of -way dedications ranging from seven feet (7) to thirty feet (30) along the north side of Linton Boulevard was recommended to the City Commission by the (DSMG) Development Services Management Group on October 4, 2012. This will bring the site into compliance with the required sixty foot (60') right -of -way for the entire Linton Boulevard frontage. Additionally, Palm Beach County required an additional five foot (5) right -of -way dedication along the north side of Linton Boulevard to accommodate a dedicated right turn lane. Therefore, a total of thirty -five feet (35) is proposed to be offered via right -of -way SPRAB Staff Report: Meeting of 11/14/12 Lintco — Class V Site Plan, Landscape Plan, Architectural Elevations and Waiver Page 7 dedication along the north side of Linton Boulevard. These dedications will be reflected in a subsequent plat, which is required as a condition of site plan approval. Adjacent Residential-Zoning Buffers: Pursuant to LDR Section 4.6.4(A)(2)(a), commercially zoned properties shall provide adequate buffering to adjacent residentially zoned parcels. Since the subject property is bordered by residential zoning to the north and west without any division or separation between them, such as a street, alley, railroad, waterway, park, or other public open space, a minimum ten foot (10') building setback from the property line and either a solid finished masonry wall six feet (6') in height or a continuous hedge at least four and a half feet (4'/') in height at the time of installation must be provided within the property boundaries of the commercially zoned parcel. While the minimum ten foot (10') perimeter setback has been provided along the north and west property lines, it is not clearly indicated on the plans that a minimum 4.5 hedge or 6' wall buffer will be provided. As the requirement is for both the 10' setback and a physical barrier, the plans shall clearly indicate the proposed physical barrier along the north and west property lines. This is attached as a condition of site plan approval. Upon provision of the physical barrier meeting the minimum height requirements, this standard will be met. General Commercial District W Supplemental District Regulations: Pursuant to LDR Section 4.4.9(G)(4), Lintco Development Overlay District, "Within the Lintco Development Overlay District, as defined by Section 4.5.19(A), non - residential development intensity in non - residential or mixed -use developments shall be limited to a maximum Floor Area Ratio (FAR) of 0.36." Since the proposed development has an FAR of 0.17, this requirement has been met. Preliminary Englineering Technical Items: While revised plans have accommodated most of staff's concerns, the items attached in Appendix "A" remain outstanding and will need to be addressed prior to site plan certification. 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 Senior Landscape Planner. The following technical comments shall be addressed prior to site plan certification: 1. 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 (60140) mix of sand to topsoil, native soil that has been screened of rock or another mixture suggested by Landscape Architect. Provide note on plans. Include in plans the illustration found in LDR 4.6.16(H)(3)(n). 2. Existing tree #'s 2, 3 and 4 (Live Oaks) were determined to be in very good condition. Save this trio of oaks and remove existing tree # 9, which is in worse condition. Based upon the aforementioned landscaping comments, the proposed development will be found in compliance with applicable requirements of LDR section 4.6.16, upon addressing the aforementioned conditions of approval. SPRAB Staff Report: Meeting of 11/14/12 Lintco — Class V Site Plan, Landscape Plan, Architectural Elevations and Waiver Page 8 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: 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. Building °A" will consist of 41,029 sq. ft. of commercial space. The architectural design elements for Building "A" incorporate a variety of colors including "Arcadia White ", "Beverly Hills ", "Bennington Gray" and "Stonington Gray" stucco. The railings and awnings will be "Jet Black ". The columns, trim, banding and trellis will be painted "Brilliant White ". Decorative aluminum louvers will be "Red Oxide ". The storefront will be painted "Anodized Bronze" and the building will have a standing seam metal galvanized roof with mill finish. Building "B" will consist of a 3,371 sq. ft. bank, ATM and four (4) drive -thru lanes. The architectural design elements for Building "B" provide a diverse array of colors including "Arcadia White ", "Stonington Gray" and 'Bennington Gray" stucco. The railings will be "Jet Black ". The columns, outriggers, trim and banding will be painted "Brilliant White ". Decorative aluminum louvers will be "Blue Jeans". The storefront will be painted "Anodized Bronze" and the building will have a standing seam metal galvanized roof with mill finish. Building "C" will consist of 7,012 sq. ft. of commercial space. The architectural design elements for Building "C" exhibits "Arcadia White ", "Golden Mist ", "Kittery Point Green ", "Bennington Gray" and "Stonington Gray" stucco. The railings will be "Jet Black ". The columns, trim, outriggers, brackets and banding will be painted "Brilliant White ". Decorative aluminum louvers will be "Red Oxide" and "Earthy Russet ". The storefront will be painted "Anodized Bronze" and the building will have a standing seam metal galvanized roof with mill finish. All proposed architectural elevations will be compatible and harmonious with the surrounding properties and an enhancement to the area. Based upon the above, positive findings can be made with regard to the criteria listed in LDR Section 4.6.18 (E). REQUIRED FINDINGS Pursuant to LDR Section 3.1.1, prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following areas: SPRAB Staff Report: Meeting of 11/14112 Lintco — Class V Site Plan, Landscape Plan, Architectural Elevations and Waiver Page 9 LDR Section 3.1.1(A) - Future Land Use Map: The subject property has a zoning designation of General Commercial (GC) and a General Commercial (GC) Future Land Use Map designation. Pursuant to the Land Use Designation /Zoning Matrix (Table L -7, Future Land Use Element), GC Zoning is consistent with GC Future Land Use Map designation. Pursuant to LDR Section 4.4.9(B)(1), general retail uses are permitted within the GC zoning district. Likewise, service uses such as restaurants and banks and similar institutions including drive - through facilities are allowed pursuant to LDR Section 4.4.9(B)(4). Based upon the above, a positive finding can be made with respect to consistency with the Future Land Use Map designation. LDR Section 3.1.1 (131 - ConeurrenqK. As described in Appendix "B ", a positive finding of Concurrency can be made as it relates to water and sewer, streets and traffic, drainage, parks and recreation, open space, solid waste, and schools. LDR Section 3.1.1(C) - Consistency: As described in Appendix "C ", a positive finding of Consistency can be made as it relates to Standards for Site Plan Actions. LDR Section 3.1.7 D - Compliance with the Land Development Regulations: As described under the Site Plan Analysis of this report, a positive finding of compliance with the LDRs can be made when all outstanding items attached as conditions of approval are addressed. Required Findings: Pursuant to LDR Section 2.4.5(1=)(5), 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 indicates the zoning and land use of the properties surrounding the subject property: The subject property is bordered on the north by Linton Ridge Condominiums_ Across Linton Boulevard to the south is the New Century Commons Shopping Center. Immediately to the east, at the intersection of SW 4th Avenue and Linton Boulevard, is a medical office building for women's health_ To the east, across SW 4th Avenue, is Security Self Storage. Abutting the property to the west is a single family residence and the City of Delray Beach Fire Station No. 3. Adjacent Zoning Adjacent Land Use North RM (Multiple Family Residential) Linton Ridge Condominiums South PC (Planned Commercial)... New Century Commons Shopping Center East MIC (Mixed Industrial and Commercial) & POD Planned Office Development) Security Self Storage & Medical Office Building West R -1 -A (Single Family Residential) & CF (Community Facilities) Single Family Residence & Fire Station No. 3 The subject property is bordered on the north by Linton Ridge Condominiums_ Across Linton Boulevard to the south is the New Century Commons Shopping Center. Immediately to the east, at the intersection of SW 4th Avenue and Linton Boulevard, is a medical office building for women's health_ To the east, across SW 4th Avenue, is Security Self Storage. Abutting the property to the west is a single family residence and the City of Delray Beach Fire Station No. 3. SPRAB Staff Report: Meeting of 11/14/12 Lintco — Class V Site Plan, Landscape flan, Architectural Elevations and Waiver Page 10 While the proposed shopping center on the subject property will be compatible with the existing industrial uses to the east and the commercial uses to the east and south, there will need to be adequate buffering by means of a wall, barrier or landscape buffer to mitigate any potential negative impacts against the residentially zoned properties to the north and west. Pursuant to LDR Section 4.6.4(A)(2)(a), commercially zoned properties shall provide adequate buffering to adjacent residentially zoned parcels with a minimum ten foot (10) building setback from the property line and either a solid finished masonry wall six feet (6') in height or a continuous hedge at least four and a half feet (4'h') in height at the time of installation within the property boundaries of the commercially zoned parcel. While the minimum ten foot (10') perimeter setback has been provided along the north and west property lines, it is not clearly indicated on the plans that a minimum 4.5 hedge or 6' wall buffer will be provided. As the requirement is for both the 10' setback and a physical barrier, the plans shall clearly indicate the proposed physical barrier along the north and west property lines. Based upon the above, the Lintco Development will need to provide physical barriers meeting the requirements of LDR Section 4.6.4(A)(2)(a), to assure there is not a negative impact to the adjacent residential zoned parcels to the north and west. This has been attached as a condition of site plan approval. Upon provision of these physical barriers, in addition to meeting the minimum 10' building setbacks, the site can be deemed to be in compliance with LDR Section 2.4.5(F)(5). Comprehensive Plan Policies: A review of the adopted Comprehensive Plan was conducted and the following applicable objectives and policies are noted: Future Land Use Element Objective A -9: Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate and complies in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. The proposed 51,412 sq. ft. shopping center will be an asset to the community. Development of this 7.09 acre vacant site will make a vital contribution to the local economy and contribute to shopping opportunities along the Linton Boulevard commercial corridor. The proposed landscaping and building architecture will also add a physical and aesthetic value to the site that is presently nonexistent. As a result, there will be significant physical and environmental improvements to the land. The adjacent condominium development to the north will substantially benefit from the activity resulting from the future bank and shopping center use. The proposed Lintco development is deemed a compatible and appropriate use for this site. Based upon the above, no incompatibility issues exist between the proposed shopping center and the surrounding land uses. However, as indicated earlier in the staff report, a required physical barrier for the adjacent residential properties to the north and west is required. As a condition of approval, this shall be identified on the plans prior to site plan certification. Upon doing so, a positive finding can be made with regard to Future Land Use Element Objective A -1. REVIEW BY OTHERS The development proposal is not in a geographic area requiring review by the Historic Preservation Board (HPB), Downtown Development Authority (DDA), or the Community Redevelopment Agency (CRA). SPRAB Staff Report: Meeting of 11/14/12 Lintco — Class V Site Plan, Landscape Plan, Architectural Elevations and Waiver Page 11 Courtesy Notices. A special courtesy notice was provided to the following homeowners associations: • Neighborhood Advisory Council • Southridge • Delray Citizen's Coalition . Southridge Village • Tierra Verde of Delray • The Vinings • Linton Ridge Letters of objection, if any, will be presented at the Site Plan Review and Appearance Board ( SPRAB) meeting. ASSESSMENT AND CONCLUSION The development proposal is to construct a 51,412 sq. ft. shopping center within one (1) phase. The shopping center will consist of three (3) buildings. Building "A" will consist of 41,029 sq. ft. with one (1) restaurant and six (6) retail bays. Building "B" will consist of a 3,371 sq. ft. bank, ATM and three (3) drive -thru lanes. Building "C" will consist of 7,012 sq. ft. with one (1) restaurant, one (1) coffee shop and two (2) retail bays. The development proposal includes construction of a two hundred seventy -three (273) space parking lot, whereas only two hundred twelve (212) parking spaces are required. The applicant shall reassess the parking requirement based on the shopping center parking rate and revise the parking data chart. Since less parking is required, there is a parking surplus of sixty -one (61) spaces. Staff recommends that thirty -one (31) spaces along Linton Boulevard be eliminated to accommodate the required thirty foot (30') buffer. A variance to only provide a 17'2" to 18'9" landscape buffer along Linton Boulevard is not supported. The stacking distance waiver at the north entry on SW 4th Avenue is supported due to other convenient access points, including an additional access point along SW 4th Avenue which will alleviate traffic congestion at the northernmost entry where the waiver is requested. All other access points meet the 50' stacking requirement. Adequate buffers need to be provided along the adjacent residential zoned properties to the north and west. While the minimum 10' building setback is met, a physical barrier of a 4.5 hedge or 6' masonry wall located inside the commercial parcel is also required. The site plan must be revised to indicate the proposed physical barrier prior to site plan certification to demonstrate compliance with the LDRs and the Comprehensive Plan. The proposed shopping center will be an asset to the local community and economy. Staff recommends approval of the overall site plan and landscape plan for the development, subject to the conditions identified in the staff report. Staff recommends approval of the architectural elevations as presented. ALTERNATIVE ACTIONS A. Move postponement of the waiver, Class V site plan, landscape plan and architectural elevations for Lintco, by electing to continue with direction. B. Move approval of the waiver, Class V site plan, landscape plan and architectural elevations for Lintco, 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 SPRAB Staff Report: Meeting of 11/14/12 Lintco — Class V Site Plan, Landscape Plan, Architectural Elevations and Waiver Page 12 Sections 2.4.5(F)(5), 2.4.7(8)(5) and Chapter Three of the Land Development Regulations, subject to the attached conditions of approval. C. Move denial of the waiver, Class V site plan, landscape plan and architectural elevations for Lintco, 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(6)(5) and Chapter Three of the Land Development Regulations. [Motion to be stated in the affirmative] STAFF RECOMMENDATION By Separate Motions: Stackinq Distance Waiver: Recommend approval to the City Commission of a waiver to LDR Section 4.6.9(D)(3)(c)(2) to reduce the stacking distance from the required fifty feet (50') for parking lots with fifty -one (51) or more spaces to twenty -eight feet nine inches (28'9 ") at the northern entrance on SW 41h Avenue, due to positive findings with respect to LDR Section 2.4.7(B)(5). Site Plan: Move approval of the Class V site plan for Lintco, 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 Section 2.4.5(F)(5) and Chapter Three of the Land Development Regulations, subject to the following conditions of approval: 1. The photometric plan be revised to show the location of light fixtures on buildings and lighting levels depicted for building entrances and under overhangs and canopies, 2. The site plan data chart shall be revised to accurately reflect the required parking for a shopping center (4 spaces per 1,000 sq. ft.) based upon the proposed building square footage of 51,412 sq. ft. plus outdoor dining areas. 3. Bike racks must be provided for each building in the project. 4. The required thirty foot (30') perimeter landscape buffer along Linton Boulevard shall be accommodated or a variance request to LDR Section 4.3.4(H)(6)(b)(4) shall be submitted to and approved by the Board of Adjustment. 5. Provision of an exclusive westbound right turn lane along Linton Boulevard at the project main access location shall be maintained to meet traffic concurrency requirements. 6. Submit a plat application to combine the twelve (12) parcels included within the development area. This shall include all right -of -way dedications and infrastructure upgrades. 7. The site plan, landscape plan and civil engineering plans shall clearly indicate that a minimum 4.5' hedge or 6' wall buffer will be provided along both the north and west parcel boundary lines. SPRAB Staff Report: Meeting of 11/14/12 Lintco — Class V Site Plan, Landscape Plan, Architectural Elevations and Waiver Page 13 8. The Pollution Prevention Plan on Sheet 8 of 9 of the civil plans is drawn at a scale of 1" 30' to match the boundary survey, site plan and landscape plan. 9. Provide an electronic copy of the plan set on CD (not DVD) formatted as Adobe Acrobat (pdf extension) at a size no larger than 11" x 17 ". Be sure to make disk compatible with all drives. 10. Satisfy the Preliminary Engineering Technical Items identified in "Appendix A" of the staff report. Landscape Plan: Move approval of the landscape plan for Lintco, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with Section 4.6.16 of the Land Development Regulations, subject to the following conditions of approval: 1. 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 (60140) mix of sand to topsoil, native soil that has been screened of rock or another mixture suggested by Landscape Architect. Provide note on plans. Include in plans the illustration found in LDR 4.6.16(H)(3)(n). 2. Existing tree #'s 2, 3 and 4 (Live Oaks) were determined to be in very good condition. Save this trio of oaks and remove existing tree # 9, which is in worse condition. Architectural Elevations: Move approval of the architectural elevations for Lintco, 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 PBC traffic concurrency determination Staff Report Prepared by: Candi N. Jefferson, Senior Planner SPRAB Staff Report: Meeting of 11/14/12 Lintco — Class V Site Plan, Landscape Plan, Architectural Elevations and Waiver Page 14 APPENDIX "A,, PRELIMINARY ENGINEERING TECHNICAL ITEMS 1. Provide additional elevations at a minimum distance of 10 -feet into all adjacent properties per LDR Section 2.43 (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. 2. Provide existing elevations on existing roadway including edge of pavement and center line. 3. Indicate right -of -way dedications, as applicable on all plans in accordance with LDR Section 5.3.1. 4. 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- 5. 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 2.43 (B) (22). Please indicate phasing plan on Civil Plans and clearly indicate how this would affect proposed improvements and specifically water and sewer improvements. 6. Palm Beach County permit(s) 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. Ensure document indicates proposed connection into Palm Beach County drainage system on Linton Boulevard will be allowed. 7. South Florida Water Management District (SFWMD) permit required for this project in accordance with LDR Section 2.4.6(J). Provide documentation indicating applicant has met with SFWMD regarding proposed project. 8. Clearly dimension driveway width on Civil Plans. 9. Clearly label paving material for all paved areas or include icon in legend 10. 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. 11. Provide finished floor elevation. In accordance with LDR Section 7.13 (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. To be checked when street elevations are provided, 12. Provide finish floor elevations for nearest adjacent structures 1 buildings abutting all property boundaries 13. Provide signed and sealed drainage report indicating the proposed system's ability to meet storm water ug ality and ug antity requirements in accordance with the South Florida Water SPRAB Staff Report: Meeting of 11/14/12 Lintco — Class V Site Plan, Landscape Plan, Architectural Elevations and Waiver Page 15 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,124 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. 14. Indicate type and size of proposed drainage pipe. Provide Reinforced Concrete Pipe (RCP) in public right -of -way, corrugated pipe needs to be avoided. 15. Revise drainage system, no new exfiltration system can be constructed in Zone 1 or 2 of a public drinking water wellfield per Palm Beach County Unified Land Development Code, Article 14 Chapter B. 16. Provide drainage easements for all proposed private drainage systems in accordance with LDR Section 5.3.4. 17. Revise proposed water main connections, connections cannot be to existing 20 -inch transmission lines. Connect to existing 6 -inch water main on east side of S-W. 4th Avenue and existing 6 -inch water main just west of property on Linton Boulevard. Connection on Linton Boulevard can be routed north through property to provide a looped system. In addition, provide a stub out at northwest corner of site to facilitate a looped system when the west adjacent property is required to do so. 18. Clearly label all service connections and ensure a separate tap is provided for fire and potable water lines. 19. Indicate location of existing fire hydrant located in northeast corner of site. 20. Indicate location of existing lift station and confirm existing 8 -inch stub is available for connection. 21. Confirm proposed single sanitary sewer service line on east side of Building A will be instailedlpitched to service a Building of this size. 22. Indicate grease trap(s) will be installed in accordance with City of Delray Beach Minimum Construction Standards and Specifications. 23. Clearly label the 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. 24. Show and clearly label all easements on Landscape, Civil, Site and Composite Utility Plans. 25. 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." 26. 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." SPRAB Staff Report: Meeting of 11/14/12 Lintco — Class V Site Plan, Landscape Plan, Architectural Elevations and Waiver Page 16 27. 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 Building permit review process. 28. Provide signed and sealed calculations indicating proposed estimated flows into existing 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. 29. 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. 30. 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 exists, a contribution made to the City of Delray Beach in -lieu of providing the bus shelter on site is required. SPRAB Staff Report: Meeting of 11/14/12 Lintco — Class V Site Plan, Landscape Plan, Architectural Elevations and Waiver Page 17 "APPENDIX `°B" CONCURRENCY FINDINGS Pursuant to LDR Section 3.1.1(B), Concurrency, as defined pursuant to Objective B -2 of the Land Use Element of the Comprehensive Plan, must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Water and Sewer. • Water service will be provided from existing 16" valve along SW 4th Avenue • Sewer service will be provided from existing 6" main along SW 4th Avenue Pursuant to the City's Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build -out. Streets and Traffic: A traffic study has been provided for the development proposal indicating that the net increase in traffic is 1,178 net external daily trips, forty -nine (49) net new external a.m. peak hour trips and two hundred fifty -two (252) net new external p.m. peak hour trips per day. The Palm Beach County Traffic Division has reviewed the traffic study for the proposed development and determined that a dedicated westbound right turn lane is required along Linton Boulevard at the main entrance. With provision of the right turn lane, the site meets the Traffic Performance Standards of Palm Beach County. Parks and Recreation Facilities. Park dedication requirements do not apply for non - residential uses. Thus, the proposed development will not have any impact with respect to this standard. Qnlir! Mlaef© The proposed shopping center (51,412 sq. ft.) will generate 187.65 tons of solid waste per year. Thus, the development proposal will result in a 187.65 ton increase in solid waste generated annually. The Solid Waste Authority has indicated that its facilities have sufficient capacity to accommodate all development proposals until 2047. Qf-hnnlc- School concurrency findings do not apply for non - residential uses. Thus, the proposed development will not have any impacts with respect to this standard. Drainage: Drainage will be accommodated on site via an exfiltration trench system. There should be no impact on drainage as it relates to this standard. SPRAB Staff Report: Meeting of 11/14/12 Lintco — Class V Site Plan, Landscape Plan, Architectural Elevations and Waiver Page 18 APPENDIX "C" :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 Meets intent of standard X Does not meet intent B. Separation of different forms of transportation shall be encouraged. This includes pedestrians, bicyclists and vehicles in a manner consistent with policies found under Objectives D -1 and D -2 of the Transportation Element. Not applicable Meets intent of standard X Does not meet intent C. Open space enhancements as described in Policies found under Objective B -1 of the Open Space and Recreation Element are appropriately addressed. Not applicable X Meets intent of standard Does not meet intent D. The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood. If it is determined that the widening or modification will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted Not applicable Meets intent of standard X Does not meet intent E. Development of vacant land which is zoned for residential purposes shall be planned in a manner which is consistent with adjacent development regardless of zoning designations. Not applicable X Meets intent of standard Does not meet intent SPRAB Staff Report: Meeting of 11/14/12 Untco — Class V Site Plan, Landscape Plan, Architectural Elevations and Waiver Page 19 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 — subject to provision of a physical barrier to the north and west Does not meet intent G. Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in the Housing Element. This shall be accomplished through the implementation of policies under Objective B -2 of the Housing Element. Not applicable X Meets intent of standard Does not meet intent H. The City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied Not applicable Meets intent of standard X Does not meet intent 1. Development shall not be approved if traffic associated with such development would create a new high accident location, or exacerbate an existing situation causing it to become a high accident location, without such development taking actions to remedy the accident situation. Not applicable Meets intent of standard X Does not meet intent J. Tot lots and recreational areas, serving children from toddler to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. Not applicable X Meets intent of standard Does not meet intent carchitecture,inc. arci li ct -q, piann�,re & di lrlk,r,Vrs aek, f beach IN 234,14 f 1 561,27 ,k is °c October 29, 2012 'Mr. Paul Doring, Planning. and Zoning Director City of Delray Beach Planning and Zoning Department 100 N. W. 1st Avenue Delray Beach, FL 33444 Re: Lintco Shopping Center = Class V Site Plan Application Linton Boulevard, Delray Beach, Florida (Revised Waiver Rearrest) Dear Mr. Dorling: PLANNING & ZONNG Please accept this letter as our request for awaiver from the Site Plan Review & Appearance Board as follows: Item #1: Per U)R Section 4.6.9 (D)(3)(c)(1), fifty feet (50') of stacking is required at all driveway entrances adjacent to a public right-of-way where '1i C-ty -one (5 1) or in.ore parking spaces are proposed. „Please assure that.the staching.requirernent is met along the northernmost entrance on SW 4th Ave:nue." Justification: The northernmost entrance on SW 4th Avenue is a secondary entrance - the other entrance along SW Ab Avenue is the primary entrance and meets the 50' -0" stacking. distance. We believe this waiver is justified. as the immediate parking, in the area adjacent to this entrwice is less than 51 spaces (34 spaces are proposed). We have modified the secondary entrance so that all vehicles entering the site will have a stacking distance of 45' -0" (this secondary entrance met the 50' -0" requirement prior to a 5' -0" R.O.W. dedication to the city). We are requesting a waiver for the vehicles exiting the property to 28` -9 ": Should you have any questions or comments, please do not hesitate to caJ1 our office at (561) 27.6 -6011, Thank you for your ulos AIA, Vice President Department of Engineering and Public Works P.O. Box 21229 West Palm Beach, FL 53416-1229 (561.) 6.84 -4000 FAX: (561) 684 -4050 www.pbcgov.ccm Palm Beach County Boars! of County Commissioners . Shelley Vana, Chair Steven L. Abrams, Vice Chairman 1Sarcrn T. Marcus Paulette Burdick Burt Aaronson Jess R. Santamaria Priscilla A. Taylor Coumty Ae ministrator Robert Weisman :fin Equal Opyo -Nnrty Affirmaive X ction Employer" 9bprinted - recycled paper October 16, 2012 Mr. Paul Dorling Planning Director City of Delray Beach 100 N.W. First Avenue Delray Beach, FL 33444 RE: Lintco Shopping Centre Project #: 120912 TRAFFIC PERFORMANCE STANDARDS REVIEW Dear Mr. Darling: The Palm Beach County Traffic Engineering Division has reviewed the traffic study for the proposed commercial project entitled Li:rltco Shopping Centre, pursuant to the Traffic Performance Standards in Article 12 of the Palm Beach County Land Development Code. The project is summarized as follows: Location: North side of Linton Boulevard, east of SW e Avenue. Municipality: Delray Beach PCN #: 12- 43- 46- 20 -01- 008 -0010 and 1.0 more on file. Existing Uses: Vacant Proposed uses: 48,387 SF General Retail and 3,894 SF Bank WDT. New Daily Trips: 1,178 New PH Trips: 49 AM and 252 PM Build -Out: End of Year 2017 Based on our review, the Traffic Division has determined the proposed shopping centre meets the Traffic Performance Standards of Palm Beach County under the following condition: Provision of an exclusive WB right -turn lane along Linton Boulevard at the project main access location. No building permits are to be issued by the City after the build -out date specified above. The County traffic concurrency approval is subject to the ProfectAggregation Rules set forth in the Traffic Performance Standards Ordinance.. If you have any questions regarding this determination, please contact me at (561) 684 -4030 or send me an email to rnatef[@pbcgov -orq. Sincerely, Masoud Atefi, MSCE ✓' TPS Administrator, unicipalities, Traffic Engineering Division MA:saf ea Chris W. Heggen, PE. — Kimsey -Flora &Associates, Inc. Steve Bohovsky, Technical Assistant I] I, Traffic Division File: General - TPS - Muri -Traffic Study Review FiITRAFFIGkinalAdm i nlApprovalsk2012kl 2D912.doc a a S.W. 11TH 5T. REIGLE AVENUE a FALL RIDGE Y r OF DELRAY STERLING AVENUE THE DOUGLASS AVENUE CROVES SOUTHRIDGE ROAD w P a GULF STREAM BESSIE ST, Po COMMERCIAL CENTRE Qo > Sao � a LINTON TRUSS ELLA ST. L IN TON RIDGE ? P o CONDO COUNTY SUtSO� c0 crR��e SANITATION a n`,i�� `q i`t�dIMFJa SOUTHRIDGE RD. ZEDER AVE. BENJAMIN AVE r 71. I �Iu.ws�Y4 SECURITY sourt�RlDCE �� t 5 SELF STORAGF • t: ONE LINTON CONDO SOUTNRIDGE ; rl :' ' F i` BLVD. CONDO ,aE,�� E i N T 0 N 8 0 U L E V A R D LINTON INTERNATIONAL PLAZA a COSTCO z a Ld LAVER'S a J DELRAY INDUSTRIAL PARK L AKEVI EW APARTMENTS N SOLID WASTE IRAN SFER STATION Y a -a THE a VIKINGS MILLER w k FIELD _0 SUBJECT PROPERTY L 1 N TC O DEVELOPMENT r_ PLANNING AND ZONING DEPARTMENT LOCATION MAP -- DIGITAL ARSE H4P SYSTEM -- MAP REF: 5: \Planning &Zoning \DBMS \Fle — Cob \Z --LM 1000- 4500 \LA111321 -Untco Development "K. LINTCO SHOPPING LINTON BLVI DELRAY BEA( PALM BEACH COUP 'SPRAB' . 1141 A APPLICABLE CODES OCCUPANCY CLASSIF ­0. 'm -7w--mv M ZONING W" —am., ­k MAcCMR­y —E A IVI F- 'T�l =1 TYPE OF CONSTRUCI I, sIaRPCOOZ. I 'NTI 4 1 1 1 1 LJ SHEII.Lil-H 5 E T 5,.C: H ENGINEER 1� ILL . ...... .. 4 g ' .. .... �HE �EU 1­1— 14L ww. 'N'llf—'41, p"." ­1 .1 RPPO T" 'L .... . PAUL CENTER IM 2a; -OYOR PH 1663) R TY, FL 7Z- . ....... . CATION LEGAL DESCRIPTION ------------ . . . .. .. :_ TA­ race 4) "w "T- ION I I 141= V I v. 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RANGE A3 EA6T }' (au Doll1, PBG -- —.- NoraTESSrn<ET ar2lrwu car Cl� OF C Flan eoac l s, F9 wel BEACH CDU ,FJ•Ga+' PALM 6FADN GG[1NN, FLORIDA ss:smseesss Iv Z.— \_ TN, E9s cEPIGTI,NJ chi PTIWY MUM ME S'N'21 oil im., vLs m KID cu Sec j T.pi RU sxE morBcukBkRymO DGRAPH'Cs..v. 2D 4Es o. APONTION OF LOT fi,MCDEL—D —t -h." _-A-$ ­WSj —T—, i�NSAIP,980u" �H WNn, R-1— roe Ica �P<,rrvoEa� x SP � I£,0 Z.— \_ TN, E9s cEPIGTI,NJ chi PTIWY MUM ME S'N'21 oil im., vLs m KID cu Sec j T.pi RU sxE morBcukBkRymO DGRAPH'Cs..v. 2D 4Es o. APONTION OF LOT fi,MCDEL—D —t -h." _-A-$ ­WSj —T—, i�NSAIP,980u" �H WNn, R-1— roe Ica �P<,rrvoEa� x SP Z.— \_ TN, E9s cEPIGTI,NJ chi PTIWY MUM ME S'N'21 oil im., vLs m KID cu Sec j T.pi RU sxE morBcukBkRymO DGRAPH'Cs..v. 2D 4Es o. APONTION OF LOT fi,MCDEL—D —t -h." _-A-$ ­WSj —T—, i�NSAIP,980u" �H WNn, R-1— a '� ocs4pnnr nn- asaozoaa E' LINTCO SHOPPING CENTER 3 d n 9� 3 LINTaH BLVD. MOAY BEACH, FL i� t an wviw4, � V �u r xiiz E � r[[ 4wv'a 51 /-A1m 6}(ISTWG ARCHITECTURAL CONTEXT A1.02 ~ tM ` 4 U^ ~~~~ vu LINTON BLVD, PROPOSED SITE PLAN LINTCO -11 M I ,am SHOPPING CENTER Eff LINTON BLVD, PROPOSED SITE PLAN . . . . . . ... ...... GEMEFAL NOTES: ;4 T mmmu r, L yj LEl, M ON, i Ahjje , PI-1.1d . ....... . ........ .... .. AA 2600zD44 ........ ... ........... -- — — — ------------------ A --------- ... --- - ---------- ---------- --------- ------------ ------ ------------- ISM --------------- -- — -------- -- ---------------- -- — ---------------------- LINTCO SHOPPING 4 p4 I CENTER 41 .......... --- -/ED Z" O v LINTON BLVD. _aJ . ......... .... . .... DELRAY BEWFI, FI- & 21mi �X g k d4a :K 0. - - - - - - - -------- ---- ---- -- — ----------- V/,, /m E 1-1111 LLIN bLVU. PROPOSED SITE PLAN t. i (NOTEID� ----------- P I ROPO" DSIT"E, LAN NOTED A1 .DON PARKING�REWk,EM PITS —&—ATA . . . . . . ... ...... GEMEFAL NOTES: ;4 T mmmu r, L yj LEl, M ON, i Ahjje , PI-1.1d . ....... . ........ .... .. AA 2600zD44 ........ ... ........... -- — — — ------------------ A --------- ... --- - ---------- ---------- --------- ------------ ------ ------------- ISM --------------- -- — -------- -- ---------------- -- — ---------------------- LINTCO SHOPPING 4 p4 I CENTER 41 .......... --- -/ED Z" O v LINTON BLVD. _aJ . ......... .... . .... DELRAY BEWFI, FI- & 21mi �X g k d4a :K 0. - - - - - - - -------- ---- ---- -- — ----------- V/,, /m E 1-1111 LLIN bLVU. PROPOSED SITE PLAN t. i (NOTEID� ----------- P I ROPO" DSIT"E, LAN NOTED A1 .DON 5 iS�o� oaslo�er - °�i.cvu -rtrw , °naiYa 5� ti F3 I 5 NI r.. LS pileup w, i =Y een�. 4�V /1 SHOPPING .FPQ G I. � g p111'IF".TER o q ti, STORAG_ d =. oc.•mr. CE11ITER �, ❑Ei RAY BEACH, FL. a s DUMPSTER WALL SrUPON NI.01 SCALE: N.Y.S. 5 — smexaP`eiP"'r�oA ae�� - ss..nm1 TYPICAL SITE " 5ua ezeuN. cu DETAILS j � ]] �� ��c olai.lS 1 uaF,MW Rium`x o51k ATTACHMENT SLAB (FOR PRICING PLRP05E SaNLY- VEP]FV WIOWNERI i»-rnK nwew e A1.01 iL• I Ax i `1 BUILDIMW Y 1 , i a 111111 � . Iii ° •.. , MiCFlDP RETRL iI /77 ' L — ,r 1 U ¢ " . . . . . . . -A,¢�y aleaaeTa�a. „I. '� ➢eslgne, u pg28002oan LINTCO SHOPPING CENTER euiLOwa •AA Ile AC❑ 1 _ $TORE P9G�6 q �1VN yy O t� i LITTON BLVD. see civ� wuwrcu DELRAY UEACH, FL, " PARTIAL SLAI-DING "A" FLOOR PLAN � scALe:im•. rm• �' I PROPOSED k, -; - �• .4 „PARTIAL BUILDING "A" 1.. _- �� "orv.is a6axw z KEY PLAN 5 JLF//W.00J�u� ((�� A2tl0 6CALE:NTS FOR REFERENCEdNLY AL.-H v' ~IW a ¢IZ w Q.Z SHOPPING �� "J CENTER BNILFfNG'0. I I� ���3P E 5 �APPRGK. 4141L� yq I eWL "INCA I P_ BVILOINGA _ —_• 9 t,6o'xiR6 pE,gFL I UM. APPNOX 5 I I _ i1H?4F7F1 I 2R a6d I 1?S2 Ff. YD'x�' ! t,2H 6O. Ff. 3 /'x60' jj n ^� 'Ql LINTON BLM �! pEMF0.Y@P4PEAC EAC4[,FL I N �PARTIA! HUILD3NG "A`r FLOOR PLAN y��— f ' �' '��r ' u. �� I�......�.. � Q V v,u, 1 .•� ©� _ _ —J • +❑ _ \� '�_ r '��'''25 =. �.�� L[ riwe ❑ ❑ ❑ L F PROPOSED I _�i. .s PARTIAL BUILDING "A' la Im U - - - - - LLI I 2 KEY PLAN a AZ.00wg r Axa4 SLALF:HfS FOR REFERENCE ONLV i t oiNCA a envvo xa A LI44 M F,: Zdiw a a V. , LINTCO '. [ , "'. r -'il .. d _...� CLOPPING , i i aANis s BIl]L3311iGA BU L6 D RETAILN3 : I„4i s16.FT. I x +as °. �'f. �6n s_aEt = Iljjjj` j {ull is'zNJ I 20„�r'.90' s 1Sa90 _ ___ LE II—=F�Pa_ III�'IIII � 'w � � •' vB ,.LINTON 0ELnAY 9Fr A0S , FL PARTIA, BUILDING "A" FLO OR PLAN i — - _ j. -- µ. - ����''' -'•t'' - PROPOSED PARTIAL BUILDING "A F— S _- — — — — _ _ = � B� •® r" �p,2 ! ��„� _ o w ir - -.— s KEY PLAN A2.00-C uo SCALE:MS PORFFF�F M�OIELY E l eL_�_--- : r¢iZ 11!11! V _ � J r n , — - PtiNI ecf Planner an - � AA- Y6'J020rtrt oiNCA a envvo xa A LI44 M F,: Zdiw a a V. , LINTCO '. [ , "'. r -'il .. d _...� CLOPPING , i i aANis s BIl]L3311iGA BU L6 D RETAILN3 : I„4i s16.FT. I x +as °. �'f. �6n s_aEt = Iljjjj` j {ull is'zNJ I 20„�r'.90' s 1Sa90 _ ___ LE II—=F�Pa_ III�'IIII � 'w � � •' vB ,.LINTON 0ELnAY 9Fr A0S , FL PARTIA, BUILDING "A" FLO OR PLAN i — - _ j. -- µ. - ����''' -'•t'' - PROPOSED PARTIAL BUILDING "A F— S _- — — — — _ _ = � B� •® r" �p,2 ! ��„� _ o w ir - -.— s KEY PLAN A2.00-C uo SCALE:MS PORFFF�F M�OIELY E l a+c,�eFl- icfaiw _ w,r r Y ,SNReHkI[x•, da -• ' ^b r t . • \ � 3 I. I I n • / .r PZ I J. , F==7_ _ [ n � 3 APPROK 270x30. Fi d f' ",`� • +�_,__ �9 SHOPPING _ __________ - ENTER C s�[[ crv� o�Aau III r e uw ' LINTON BLVD. I � ' �� ' V J .. + +' 1 - + , • _ � AEI,RAY REACH, FL u • . � V V LLLJJJ Ifl{ r � y r d � � u��.sxaw•. + - - - PRdpOSED BUILDING "B" FLOOR PLAN ,r - , . I I yY •r & " [. i f 5AR '! u i I - - PROPOSED ' .----- I o ! I SUILDING „6„ 1 _ r+ _ i • • _ , + _ _ � , • • � �. _ • • z KEY PLAN nrA, SGA4F:fYiS FORAEFFRFUCE ow�x A2.01 lj��\ "•�� "" •" onirF rgau V �c gu��olMG'C gEiNLT2 MPFl� %- easa.rr. a �a ----- "j° /_ - r - 5W'' Alchltau, Plan �sna 3 OVO, AA-260 h�260M09a avnnlMD •c^ r RE�M1 a x i s A X ' w, T. I UNTCO SHOPPING °n CENTER - I h LINTOK BLVD. DELWBEACRFL. 4 PROPOSEIJ SUIL�ING "C" FLOOR PLAN m y �7 cam + 1 KEY NCTES m �,�, ,..,, ow ur ' .� Q irwK nn er�:xo eec,iau, ••`"wee vun ra '©° pwrce c�+rs.nr, 1°°'ra «a. voe ,o hx pyn- cimen v.,xunew n,cr .s -ew. rtxa � � _❑° e..,e m,.,.,h renew. ,r oc � w - rEr�x�nu � 0. AA-26 A.28002p41 ME0 hxarcoure, ix,nwrxenxo rtnw f+rnna rrsme rs •,e�:axa xumr. n�� a �u�,'i ��aice nxm��nu�iemN mo �R f.5r�, ih �I!�.r o �M.,an "e o� PROPOSED PARTIAL SOUTH ELEVATION BUILDING ` "A" scn� :ve+no' I 3 3 „f P R p LINTCO SHOPPING g CENTER I @ PIpOPO5ED PARTIAL SOUTH ELEVATION BUILDING "A" (::cTERIOR �T[1_CGO: N TES. vnwe�. e DELHAY ME. FL d �[ PAI 0 - r,T., 1.1GHT Flx7uFl:s � w� ,v PROPOSED = SOU7H ELEVATION BUILDING'A' A A h h A3.00 ... _ NEW m �_�u VIII^ �� ��=5� lJ�-� —_ -� � lal .1•!I a.�.�� �.— 1����1. I @ PIpOPO5ED PARTIAL SOUTH ELEVATION BUILDING "A" (::cTERIOR �T[1_CGO: N TES. vnwe�. e DELHAY ME. FL d �[ PAI 0 - r,T., 1.1GHT Flx7uFl:s � w� ,v PROPOSED = SOU7H ELEVATION BUILDING'A' A A h h A3.00 KEY NOTES e: ==-_ E —IIIIIIIIII-1 =r & I.E —1 'Ell E� Fal 51 171-1 7_1,1 1- X_=Ewe M•l F V Ef- 23 uz� 17 ­1 I 1 —1 T12 11 LINTCO SHOPPING CENTER LINTON BLVD. PFLRAY BCH, FL. tC PROPOSED SOUTH & EAST ELEVATION BUILDING 'A' A3.01 KEY NOTES E) , ,,w�. �� o o w �° o �� p� eR �� �,ra� s _ p °k.w«.�r �e�., m,�,,,W��;�. r ,�.�o ED ���.,�P�;oa���•.�v�an:�� ., "�Ea�. e� „ °.,�..,�n. o,.�,w;.��,�,oeee.�.�p.�Na�° � �`:,�,���;w�Q'�P��,�oR :.,fe�. °R a��o,n�'��.,��r�oY:�,.K�r, m III B iF ps, „ara..re PROPpSED WEST ELEVATION BUILDING "A” f PROPOSED PARTIAL NORTH ELEVATION BUILDING "A” � SCALE: 3,8"1, EkTc R10R 5T�GGD: 2 a Ar�mle�wre,a�en�msana Aeslgn � A.2v0025C4 ,... P 4 LINTCO SHOPPING CENTER S P YzZ y LINTON BLVD, q DELBAY BCH, FL 5 2 8 'PROPOSED WEST & NORTH ELEVATION BUILnING'A' A3.02 m III B iF PROPpSED WEST ELEVATION BUILDING "A” f PROPOSED PARTIAL NORTH ELEVATION BUILDING "A” � SCALE: 3,8"1, EkTc R10R 5T�GGD: 2 a Ar�mle�wre,a�en�msana Aeslgn � A.2v0025C4 ,... P 4 LINTCO SHOPPING CENTER S P YzZ y LINTON BLVD, q DELBAY BCH, FL 5 2 8 'PROPOSED WEST & NORTH ELEVATION BUILnING'A' A3.02 KEY NOTES m, g L, v m�' v ='N-Z ==Awl 1=11 =01 I, lZ9:' e KVFUJ r LP YAK L IPLL NUM I M "4 Zg% I 7LI-n-- aa- A LINTC0 SHOPPING CENTER ft U LIHTor4bLVFi. ;)EUIAY BOX, FL .-- I.ILI PROPOSED PARTIAL NORTH ELEVATION BUILDING'A' A3.03 KEY NOTES El El Q ED Eil % pRDpDSED SOUTH ELEVATION BUILDING "B" 9 M7�21—! F13 EAST ELEVATION BUILDING "B" 77� AA,25MC44 S LIRTCO sHoppiriG CENTER Ps L114TON BLVD. ❑ELRAY BCH, FL. rt UGH7 FIMM PFIOPOSED SOUTH & LAST Ls ELEVATION BUILDING "B" A3,04 KEY NOTES El o ?a te, , a, "' e °: o o c.« ,. °a , _,�., oz ,.E .t ���� �,� o �. E . w. , a. o s owo u° e kA m ..m,,... �,. . ° ° e. e..e.�w. o oA; » Q .e %o.w= =M,..>a,�,•,�.w,..r,w.�. ,.�.� °. ��..�=.�a ur„�En,., �`^�"°,xi�`°',�`���,`,��� ",R.. ��;'.K�,R'°e�aw��°�„��P� - QA....�,,,�=t,�.=t«K ,.,..,. w, >- - '❑e wie o�.. "ti'E` « °..'a,h "m""ev`„¢ ,,., U�`�ae:ewre°,P �r .p 'w��Maw T o -, a e. .�e,e „� "a w �;,..,.. PROPOSED WEST ELEVATION SLHLDING "B" SGN.E :4N•1'e' PROPOSED NORTH ELEVATION BUILDING "6" E>t7E I ,� STVGGO: � �Ew.s�r�eua on,uw, oae re�•,:en[smwa1nx. i,r usn..oarrcr. _ o PAIf��yEftO LAIiT FI%TUBES (BYLVA.IIH,:tnMNk' ",u+tl � � c• OiVi=w .ee- VM -m �iwi°.ee i A2hlte0"re, Plenning and Daslpn n.2euo2oaa t w H LINTCO SHOPPING CENTER I� z LINTOK BLVD, ❑EMAY BCH, FL d ' 5 G u � yuue st <Al04 wxa"O lct 5 PROPOSED WEST & NORTH ELEVATION BUILDING "B" �” ene e9.e1.11 l UEIMW A3.05 KEY NOTES ElH;= El g=LTl-lWll-,=-I-1.=l- F.1 no P:n z F-I M" M—L, -- =r-z- El . . ....... MEN I - IM Mil's o. El,-=--== F-- (9 PROPOSED SOUTH ELEVATION BUILDING "V" =AU;1W.IA' IN anacooxaw SHOPPfNG rc CENTER LJWON W-vo. DFLRAY OOH, rL. SOUTH & EAST ELEVATION BUILDING'C' —14 A3.06 KEY NOTES Ml4v=Z_=r El M�=mnz _T ..... F] El El PROPOSED WEST ELEVATION BUILDING "C' rc AA-2WMO44 LINTC0 SHOPPING CENTER 4 LINTON BLVD. ❑ELRAY Mi, K. 3 L�tw� PROPOSED WEST & NORTH ELEVATION !u-ILDING 'C' A3.07 EXISTING TREE LIST r_orDF coMFUANcE DATA LEr-EW❑ + PLANT LIST z 4shcppino planting plan MOF7H FEZ r_orDF coMFUANcE DATA LEr-EW❑ + PLANT LIST z 4shcppino planting plan MOF7H shopping canto Java padkar planting plan saiz NORTH L -2 lintao sFzopping center planting plan dakc xk `l f ai + J� 57+ \ }ao } +� \} /s?�� ' a3* �! se El r EXI5TING TREE LIST s a tleiva bodka� _ ..maw_= axisting IEL AF tree plafl - - =°=-i n nsutu>A u sn1lt :e :r o , w�c m aD L -4 oe — rs � Pmeat® a a va!o14. W -- w,.e�N�... s a tleiva bodka� Yride.ep avd�xWelpknig iF. co weprcu �•�n a a< <of -e axisting tree plafl o , NPRIN 6 aD L -4 oe — MATCH LINE SEE SHEET L -4 HHB"JS'98'Elhq ,M,1�' �fu -1 \ � I I `ry u { I I� ���4 b��4 r - -- - -- i a - -- - - ®I �® I _- , LLU eFPPH Ell 3]T,6 FT. yr zr 1 4 n L�g1 1 A oM y r #� i 6i t i d \/ - -- 7- - -- lintco shopping center deve poGker Lndxape uad�ml�,a�•�9�x co e.o-eY >�k'cuoo oaw •nee [�[le� oxisting tree plan D 6 r NORTH LIA LU LL IP? 11) LLI z RM1 l61 Vii[ -call existing tree plan NOPTH 'I?ii;Kigi EAT a PLASPrINS DETAiLe, ,19shigull 'ism' "Zo rlt�r 7-n-- fur STAN& VZ .1-KII-MIN-10 ni� E. .w7 wig! !-Rff 'I?ii;Kigi EAT a 5E 5h ba AWAY& --- :=z'- PLASPrINS DETAiLe, ,19shigull 'ism' rlt�r " STAN& .1-KII-MIN-10 ni� E. .w7 5E 5h ba AWAY& --- :=z'- rlt�r " GENERAL NOTES details, noi-8 P] 'e 1 1111 111N LIHK ep FF EL 22.0' NOVD FF EL !D, P11 EL 22.0'NGVD Elf,, NGVD 89-36"a" M— -20Z2 PIMP NY— a-- 11- a, G A zz' ci u Leh I LE z vrsuHA 1.4 I.T ]r2"-'-KD 7,' 5`8938'78" DU�H; 5' T�N JTHS THE LAW �WTq 1-800-432-4770 cunni NOTE: CONTRACTOR TO FIELD NOTE! ANY TREES OR SKRIJES SCALE: 1" SO' m/oc/ia 'VERIFY EXACT LOCATION SIZE, Awl) PLACED WITHIN WATER, SEWER OR DEPTH OF AM EMEIING UITIJIM D)ZOLOTAGE EASEMENTS, TREY SHALL '�T TIME ur CONSTRUCTION AND CONFORM TO THE CITY OF DBUIAY R To TPANFE EPORr ANY DIES 8 BEACH STANDARD DETAILS; LD I.L ENVIRODESION ASSOCIATES. INC, iw5= 1OF9 Ir L 1 t - -4, - e LOCATION IYIAP N.T.S. ..AUCiu 3o�mvEA NOTE: ALL WATDR METER NOT &: NG PROPOSED IMPROVEMENTS, RgILDING5, NOTE: NO PROPOSED STRUCTURES MU BE j SIZES TO HE DETERMINES OR ANY %I{➢ OF CDNSTTiUCTIDN CAN AE PLACE➢ INSTALLED WTTHIN A HORIZONTAL OLSTANCE OF 10 j DY C]TY aF S3ELRAY HEhCIi aN oft WITHIN ANY HATER, SEWER, OR DRAINAGE FEET FROM ANY EXISTING OR FROPOSED HATER, nNrlosnxuiE CTELiTY DEPARTMENT EASEMENTS, UNLESS APPROVED RY THE C17Y OF .SEWER, OR DRAINAGE FACILTITES, UNLESS AFPROVED DBLRAY BEACH CITY ENGINEER DY, TIM CITY OF DELRAY EEACH CITY RNGINEER N 59'38'18" b38,42' - u..a,E u.a - wLVE 0'N5' TCC ----- - q. W e IL'S V. tttt __ _ er�Klrc� dy nRF aPnseo RroxANr • I G n I WA1ERI ~Ir�nuce RsxEt - a' -e DIPS I 49 P $ 'p J � � bO •h - -� I e C eemm ♦♦' I I xflSlYID I � !A i� I I � x ao' ovEn rj - rt R x _ N ss•3'a�„P� „��a.zajM) _ -\ I I _ _ _ 11 IO x r ____ _ e-Tes _ a. -- S 69,46 corix ErneoN Y� I v°AT E� DI I� 'tea' caeca �caun A I� CHE 4xeR M:Yils �3{ I = z w 11 II :. �g I I c�Q£cn�wcl .e S t 5 w }� I X rvT"y E 25.16'CM) 34.45' — — 'j OO'n0'3r "E- — — — — ,y.. '• 5 &s'3s'a9" I (Mj-'- no•oa .if 'w :�� ry' ?os, 25 5 8s '39'I &” w _ 123.00' — = 23.06 — -� -_. - - _ - _ MTN: o IT'S THE LAW EAe. _ LINTON SOI LEVAR_o _FOR -5TRE' - 1 -800- 432 -4770 LEGEND: § urea urECn vmN rsa 1' auacc swnaxr sEF51cE wM sui6 slmucrusc xuuacN DATE: R i cxrLOMr nns�+Ta� °cuxous xaTC�Af ol3 NGTE: CCNTRACaoA TO FIELD . NOTE: ANY TREES oR 3HRUH5 e SCALE; 1" -= 30' r oe /zo /ta - -- rnc>Earr ux� csrsnAm.MnNnac VERIFY EXACT La CATION, SIZE, AND PLACED WITHIN HATER, SEWER OR y Ooasco nnr roxAx aisr. sunrury NAxxac DEATH OF ALL EVETING UTILITTE6 DRAINAGE BASEMENTS, THEY SHALL n to aos ao. vAw.t T • RRowsrn u,vrxo:c 't- a arcvnneN AT TIME OF CONSTRUCTION AND CONFORM TO THE CITY OF DELRAY 1xa {l -eNc ♦ n c cArt YnM.E ANI 023M MYE0.T EL£YArcN O Btmnr+rt_z,c �iq evu ua rvs�., c,o, Tarr sin clrwxcur -4-, REPORT ANY DISCREYANCIE3 TO PEACH ,STANDARD DETAiI,S; L➢ 1.1 sxeST xo. 71f aNwusm wATEx uETERS [ s saNlr,ur s 1R mm 6NVIROIESIGN ASSOCIATES, INC. k LD 1.2 noes. mECSiemie ae�oo"esu i.�.m° °`�` 2 9F S sr =rn it E pl tto AsB�RPO{ w LSD NtRI [sm JM[xo[kCeASE MAY BE ° �.m[ �seo re Nieo w sr srrsluTEa weON� x 0' E.tO ' SE °AV -MftxT VEtI : 1lC ,AASU q Jr:s. a i- 1/i'rvo[ n-; aarx vu_Nexnn .a 7)TMAL 50' R/W W PARLEL PRRKIN9 SECTION OE�A1L AL RT 1.3 YLLIl1LLLCzy"- Twyw.�c r xawnf aa+e� CO IE 11 vni .F.Y OIf ER riEaaREe CURB ° � N0 Ai� ax.ERi � 0--.uto lurk[ ro M mns'sTMS mucRere cuFJt. ux s .. u. , xas[ i snrwrs nai ne' A�I��uy v�.k e[ �.o[£Mrtw °x.[w'� x e. CURB AND CUTTER SECTIONS RT. 6.1 uLiNLI vre41el xus Y uw Rn. • Notts aS x ALL Ylzyxp,w;q u'[ mW [v�Fx �{ s u m � iinr w 1ktr�i1 a'�GTd. TYPICAL PARKING SPACES (I OF J} DETAIL RT 4,2u ufn.[. e: e•uy m a[ naoum. rNnTF. u:Y u s fxuuwix ra+�rcu9 C+�f xu n[ «rw:Y enK:: ��[� sxxv�a�o� vAw:oYn PAVEME14T JOINT DETAIL RT 7.1 �I� 3 d6n :r 7fPICAL PARKING SPACES (2 OF S) RT 4.2b 5EC310N A -A U � y r�x�n uw %an :m t xcx n° e� xoi .a uu< mi SE��EW�KniJdV Ts � y�y N�Ixs � ixaa[ Po. m. ua wi nnun � wrtnscm;z �� s ���R�ivu[xmn Trt xUk x�ol i liwt-m zx JaNrs�nn�R 4:TMxmz - SIDEWALK CtlN57RU - kuaux�up��e �saruunrx[ �usl• 1un�urn�i e[�'Iwn ��� nvs "acss - .•. F` TYPICAI (p3 RK 0 SPACES DETAIL RT 4.2c 0� wr s°v eN axim��sm.rrW O V ' Qi 4 CG RT U � � J Q 4 034 �lfr B r.+ K% w Dnxmr; c DATE: E P /y /la FOR No. 18041 --L _ MST N0. 3Rr8 PAVJNG, GRAID NG APO DRAINAGE NOTES I O b NALR — IH TIE 1— I—H CWNn 11 wL c,CONORETE Supra SHALL 8E Ik AGCbpoAxa 1NTN sePnOM S]a DF THE FG4T . A-,O SPE[VICATDNS FIXt (reel PocRC of -N'AY SH.L q1 0NHIAVCTEO IN FULL vaM THE Y L SY STANDARDS, ALL PANNC AND BAItltlE ODNSTRULTON, IATLSI AoolnoN. THE AACOP LAND DRAI— Rk IN Mf 1.Fl A PFPA —T vF TRAN, TATDH ]9Ei001E]55 n ^AGE SURFACE F. SHALL R£ Af YIDVT{ oN 1N[ DN Adam An[LY w�iRiHY SHAAL RE CLwsIwcTSO !N f11LN o E FoOY Ui£Sr StANDAROS 13 5x NC oEAE'EDP� PD yy , (MINIMUMI E8 DAY PN P,:N[s 7. M Acs' svBGRAbf E31ALL DP coNPACT[c ANO MEET iNE C�isS�IK sTpf NNERE HOTFO NCRETE EkALL' L ME 'IH[ EN�N ATPLxRPUCNIS AS DETERMINED AY ME AASyTO T -i80 . sVRCRADE SHALL E—HD I NCNE6 sETCNO M[ I lETE SPfCIfMATONS, µTES[ fOIxCN. CLA55 I CONCRETE u51n As o. Q PAYING SWIL IEH — D— (MNIMUX) 1d DAYS. pgcaosfD F➢cE CF PAYwENT ANP /OR s' E ONO 4AU.ET DYVE b" cMPR. --De PvE cDMFRES5IAE SNLININH. � ERgTi f k h.JSTER, pR x uI,DEI MICN raMPACRLO To Pax ACCOflDINB lD AASHTO T- "ALL VUCTS, GTVxIPS. RCtlrs DR OTHER DET.EIEPAWS I] pA�MENT TRAFFlC sTRWFS ANC NAn %IHGS sxALL BF IN 5TAx- U .ED IN 111E I=- AATDR of THE EUBCRAOE sa�lAW1. Vy E4A bfo ECNfLETCLY NO. THE cEkTtpuuE OF TIE NvM OF TEN FEPT BEYOND THE Eon tX - H,ANCE MTH CITY Cf oaRhY EEAG WNREHr R MANVU V UMFCP4 mAFFlt cGNTIX. oEMGES FOR µtlFEG xo HIGHWAYS, ANO(ox vNM B[ACH mVNYY iIIAFFlG Is REWIRE. Nv 0E SrA01VZEB. THE CEFARMRlT TTTIOA 1- P- 10 -OOIi LNIERE APPUGeLE. PA1iN[IX01'EEFAN NCORAOf VALVE DEYEAM F—I SHALL PE IAROE D1' THE TEST. 1E5i NETICO "� of M1ASHTa T -ISO 1' s CVENL£ CF 40RS1PUCTDN - -M SEWEhCE OF cusSTRUCTDN f pIXtIDA BEAAwG EnFlCATd+S. NHAAL RE . VNOERORON{O INSTAfI/.TOHS W EKAY HNC THAT FRE EfNE�Tt 11 PAVEMENT, w.I L BE W PULE RAID FVELLnO[K BASE S. A3 -. BE cCHSIIwCIEb u! ACODRPANLE NIT{ ' NAYS PROPfROU N51 L[4 sacNlox x.50 0£ TXF FLCNIA. D —RTIMI OF TRhHSPCRAnCN oAno EP[GFICATP45 FDR xOAD ANO aFL.E CON STtDLAOLN. IAEACTiON TI£ X, MID IEANHCE£5 - A�I�ICTE AND MANHOIES EWE ' Q. IppHEIR.- µlESr £OI11DN. ME MICNNCSS Of Tif SNfl.f.RDCN RASE SH cEYAP, DR;N1NPS ENO sHUt DC IN ALPORPA M THE FDDT ITECIi1CA- " R[ AA sown a+ TIE METERAONPO eY M9Nlam -Ieo� YHE SNELIAMAIGVAUN OE HAVE As MVM a soX OARRgV ;TES OF [ALOCTe ANO MA44E— W THE Iµi,�si [oITICN, AND PEG T -�S U.IEN`9T IDSITO4. rWHERE s, I APVLICARLE. MATPTIAL iff BRATF —I REI— Iv YHE fL "T d" ll¢ IFAIE. _ ­R IN IA16 sHAL CE rn45TFUCRO IN AcEORti— wN SLANNEDS�N_. GIF 'IT LR!DfS MO.� F, FlNIS'H[0 GRADES. ANO DRR_ .DSIFi�UCTON, �T1E TT,,YRNERS iA MLVINUM RCA[ CRDMN —.I SHALL RE EL 1I., ND,O. TI^'uFRDIX PASS sxALL BE AS M— ON THE DETNLLb c5 AND SHALL BC co'uPACTSD I A DENSITY of Sex of oENNAIINED AY AASHTC T -ISO, IA WE n51MFPCE YIIE MAPMVM DENSry As A. AND/OR NRfAIEN15 OF C Ass DF -T5 M'O[M1H THE fooTYNf s•'kcIFICRIIR EEANMOIF OH INSLETLVIALL BE (WRAPPED RIE RDA. 0A PMLDHOMA Ph WLLABEAaEMm;U CouRPiflfNliY 1P A MDTH DF TEN FTE, BE—D 79 IDP CP PAYSMENT A. IFA.NNL A MTH f1 1 FA.- vEN FVOl GPFaFIEAnGNS. A -ILL.D MM ITAN— VATERIAx. IF HARDPASI IS CNIOAATED" REMDL'E6 YO A 1HOTH O' VGA -f E9 PIUVAINl1N vlvE SLV4 MEET THE PLOVIREMEHIS Ev W iNE sWALE ARCAi Ir MLL sw.11E IN4ERT dxo PEPLA¢➢ MITI AII- 41 l ANO #cTIXRS 1]5, 1]0 AN6 OET of HNC FDDI IRAMIM�AR UAIFPIALE ,yT —AFP EPE —AIII 1. RCM ANP -- CONSIRVDnDN LEST EDITOR 5. Tvn 5 isHED, LOWER THE ERASE E FCHES BELOW ME cRWE I EMFTfT IF iNE LEHOTi IF PIPE SHALL EC FROM ME FlIaslf[o TO A— FOR THE THICKNESS Or 1, so D, cEN1Efl IF l,E STI =REE ro THE CENTER EP THE STRULTNRE INP - RATHIN dE UMlls eF LtlNfIT1UCTLN r' LAIC RE RWOBfD. ACKflIi - PFAIMREMENis FeR PPE DACNFIL! CROSSxG KLETATDH ANll ROOT MATERIAL MALL R - NNFAE LUM90 oR O1XER PLASTIC LIFTS APE P0�9 OR PARHINP AREAS snul BE DEFSNSD IX THE FDOF dnak£ LATEST EO M. PIRKIPF 8AC U SHALL RE TO 1R OF THP _ fNCWNIERfP, nTEY SHALL BF REHO4EO "THIN 1HE ROADWAY oII PLACS1�C IN EIK IIDN UF15 A. ICDPACTEC sSAMARD YR,, (AASI,,I) T -OS PPECIFlGAYIONf. Pl� I A— .1 FORT BELOW lxf SUeGRADE E -NDINO HORIi DVTAUY YO — oNTSOE FOGS yr THE SHOLLPER ARRA. ] 1ME�wNT .7. N— —1110 THE -11151 TIRE£ ( I A. AY SHALL LE IN A— DANCER SEO— DOC OF THE Es DF A CNEMIWL AND SAVE ANA1'I aF THE }0 5 uAI1WRD SPECVICAhOH fOR PMD AkD RPIOGE 0N, UY[51 fplTOx. PRIME coAY EHAIt BE RC -TO o9 FALL NCtlf 9Y A sTATf OF RCRPA [FRII}TED LAP MPH CONSRnIC1Axc A sxELL RocN BAR FOA ROADWAY. slOk R. (AEPT. PRIME CWT sHAI.L BE APPL'EO �A 5 MAx oIO OALLDHS PER - -DATON of THL DRAMAGE RYSIFM, THE ]h RAIEMOr AFFUGTON Ro FDR LNFAOtK aA5[5 AND NoT LESS MAk o,15 cr5ECN5 FIR SHELL ROOT LR CGgxx.L sxII1 CP PTO — —1-Ml AM 1NE DRAINAGE SYSTEY FRaR APECIIGY BY THE FMCIHEER Ar F PIHISHFO PDIX FGR T1s•< PER —ARE 1. g E DADWAYS HAS I- IXSTALLFD. NOVS TACK coA1 SRALL co rt MnN 1NE 1 RFOVIRENExTB .1 THE NOOT Dl-.Al DNS, P TH OL UNLfss nE ...IN 1IAWE RP OKPSEYA1HL fNC NE RDC'NIAxED GENERAL VC ILS c TR.lC10R SNA4 vAOTECT AL ErtMAHENr REFfRFNfE 1R. RDDE9NH As , WC. III, ADT BE F—D. riPR NF �f 1CNH6Y MARNFRS PURINALL�xRSTRUCIIOgI foNiRACH1GR 91AALLG HE RE REE "CE BERTF�OHsle[£ NR PRDAwIE NENPSAVRYO MENWLRNf0.5 M Ao RBANCE BATH oL+RIPAT —L sArEfY H— ONAALE F- REPLACCAIENT CF PEPMAHABY n snRxEm CURING coXSTRUCxOk, AY NO lPO1DWAL (051U) PEMMREHFxrs ANtl ME sYftt CT TIE ffNfRAt .1 ip RIF DWNRR. Z. LaH1A? FTOR 6EPNA uEn vfs E`WEC CR ox aN NF P 0—uc ] MM' —�mI' RIND Ns EclncnT6xs RANGE NOSH �Np HOY SMO. PLANSGD]NTES III dN THE PLLXS AAE — REEEP - INAY -1. CCHTR =R 9V.11 N—HE srAHPARPSS ; mk�xA BXALL CALL SWISWIIE T -I - 15x -AT]a Ae MAT NOr tl£PICr AcIUAE LOCA MINES pAI UTUM "'RANIES FOR LGCAROX AND DEPTH fF 1H9R 10 CONSlnD —H 3yW-PS-AETrdE DlonNC FLR fTELP LPCAncNS of UkOERFAOUxD a S AcmR SHALL RE RESPONAELF TO Cua4DINAlC AND PAY FDR 6 TEn CuN xVY FIPE YET➢ BENEATH PAD -ENT EHALL BE cRNaIFaW wR OCEfN L ZPIG of PmKR LWES ANC/OR sH-IHO P— PGISS V—N AT NP ADNINH cDn 10 THE —1 oxa E m sEC. R,c1.c5.1 18 VcTCN ;cRWTY, L4cLVaIN1 TRENBHIN6 15 10 BE A A. LDNiRACFat aIALL EE fiE5PCN81RLE W COWDMA1f M'O PAY FOR AINIB. OF So F NrRW 1HE BAR b AHY TiEE THAT IS THE NEpUCEMENT W 1RIF51C LOOP9 IF oAHAGEO OVAIX6 LDNSTIOILTCN AT NV ACDIll- LOASr SD THE, D-ER. t] ALL SIMO1Oa, Ilm eASE NATRVALS 5HN1 BE ROAtl4EP iRgs.TXE 5. ALL �ATPNS REFER TO N.c.V.a. T4DD. -BAD FlNISHRA FLOOR - PTANIFR AAEAS/�SIANbS ANC RWLACfD IKM'APPROPRIATE sdL PHIWi TOT FNE ukbSCAPIHO CF 1HE SITE. EIEV N FIR A l RID ..� I— TNE, 40 o R ART AT cR ASIDRM) PuxnNID IR M HAL IF ANY TPPF ON THE 511E IS -YBPFD "OUT FROYVES�M TXE REWIpiT FBI s vOP DRA.WINPS SHATL BE sI/EM[F20 TO THE EN6NEEN FON ALL MAIEP &LS AHO cCNSTRVCaW Yn1HIN TIf FaOT PAID THE EHGINEPR OR BAY TIEUAPPpCPRlAIE G YERNGAAC(JT6ESa �GHT -O G-WAY SNML CMiFCRH i0 THE FORT DESLN STANDARDS D ViX11Y OPERM1TICNS T CW SHALL BE RESPd{FBLf M BEWRf AxG PAY 'OR, AT aID STARE IBGfIwaNsfslEMN�NYEST EO. IXTRTIE (LA ) oACTtR ' ot]l1 COTS TO TIC oNNE4, ALL NECESSARY PETUITS. O. 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I T F r, 7, 71 -------------- - - - -,` ICU ail Y - ----------- - - IJ L------- -- --- -------- ------------- --------- ILVD. — — — — — — — — — — — SITE PHOTOMETRIC PLAN A)- I& FAhl RETAIL DEVELOPMENT DELMY BEACH PHOTOMETRIC PLAN zoat E- i.2 LINTCO SHOPPING CENTER LINTCO SHOPPING CENTER " SITE LOCATION LINTCO SHOPPING CENTER BUILDING `A' LINTCO SHOPPING CENTER BUILDING `A' LINTCO SHOPPING CENTER BUILDING `A' LINTCO SHOPPING CENTER BUILDING `A' LINTCO SHOPPING CENTER BUILDING `B' LINTCO SHOPPING CENTER BUILDING `C' LINTCO SHOPPING CENTER REQUESTED WAIVERS LINTCO SHOPPING CENTER " EXISTING SITE .1.& l4f DILLA-7 D J 4 t LINTON BLVD. Irl '4 n T ea _3�) V 4*', ik AWA� it PRIMARY ENTRANCES SECONDARY ENTRANCE t5UILUINk-7 LINTCO SHOPPING CENTER PROPOSED SITE PLAN SECTION 4.6.9 (D) (2) (b) (b) When the parking is adjacent to an alley and the parking space and alley have a combined minimum depth of 42' and a minimum width of ten feet (10') and the location of parked vehicles does not impair sight distance of pedestrians or vehicles utilizing the alley; [Amd. Ord. 46- 96 1115/96] (c) When the street is a private street within a planned development and the street, at the location of the parking, has less than 200 ADT. (3) Point of Access to the Street System: (a) Maximum Width: The point of access to a street or alley shall be a maximum of twenty -four feet (24') unless a greater width is specifically approved as a part of site and development plan approval. However, in no event shall such point of access be greater than thirty -six feet (36'). (b) Minimum Width: The point of access to a street or.alley shall not be less than:24' for a normal two -way private street or parking lot driveway aisle. * 20' for a private driveway which has less than 200 ADT. * 12' for a one -way driveway or parking lot aisle. (c) Stacking Distance: Provisions must be made for stacking and transition of incoming traffic from a public street, such that traffic may not backup into the public street system. [Amd. Ord. 46 -96 1115196] (1) The minimum distance between a right -of -way and the first parking space or aisleway in a parking lot shall be as outlined in the following table: [Amd. Ord. 46 -96 11151961; [Amd. Ord. 22 -92 6116192] Iii 6 10 1 or • 21-50 Local 20 feet 1 or • • 1 feet or r 1 feet (2) Provisions must be made to provide for 100' of clear stacking from the first point of transaction for each lane of a drive -thru facility and in advance of all guardhouses or security gates. [Amd. Ord. 46 -96 1115196] ro1W,21,2111; —cr -- - -- -- 45'- 0"1' -0" l0' -0" ® `jam �♦ 28' -9 "O SITE TRIANGLES ;a ST STOP .. LLI l w > Q I d o 16L ° LD r 34 P KING SPACES .: => c 0 r LI NTCO SHOPPING CENTER " SECONDARY ENTRANCE t MEMORANDUM TO: Mayor and City Commissioners FROM: CANDI N. JEFFERSON, SENIOR PLANNER PAUL DORLING, AICP, DIRECTOR OF PLANNING AND ZONING THROUGH: DOUGLAS E. SMITH, INTERIM CITY MANAGER DATE: February 13, 2013 SUBJECT: AGENDA ITEM 10.B. - REGULAR COMMISSION MEETING OF FEBRUARY 19, 2013 CONDITIONAL USE REQUEST/ BEACHWAY MOTEL ITEM BEFORE COMMISSION The item before the City Commission is a conditional use request to allow partial demolition and expansion of the existing 1,960 sq. ft. seven (7) room motel including removal of three (3) existing rooms totaling 840 sq. ft., construction of a 2,930 sq. ft. building addition to accommodate an additional nine (9) rooms (total of 13 rooms), a new 138 sq. ft. manager's office and ten (10) new on -site parking spaces for Beachway Motel located at 655 George Bush Boulevard. BACKGROUND The development proposal includes Lot 12 Block 2, Sophia Frey Subdivision and Lot 10 and a portion of Lot 11, Block 2, Sophia Frey Subdivision. The property is located on the north side of NE 8th Street (George Bush Boulevard) approximately 50 feet west of the intersection of NE 7th Avenue and NE 8th Street. In 2001, Lot 12, Block 2, Sophia Frey Subdivision, which has a NE 7th Avenue address and is a portion of the northern section of the development property, underwent a small scale Future Land Use Map (FLUM) amendment and a rezoning. The City Commission at its March 6, 2001 meeting approved the small scale FLUM amendment from Medium Density (MD) to General Commercial (GC) and a rezoning from Medium Density Residential (RM) to General Commercial (GC). Now before the Board for consideration, is a conditional use request for partial demolition and expansion of the existing 1,960 sq. ft. seven (7) room motel including removal of three (3) existing rooms totaling 840 sq. ft., construction of a 2,930 sq. ft. building addition to accommodate an additional nine (9) rooms (total of 13 rooms), a new 138 sq. ft. manager's office, ten (10) new on -site parking spaces and associated new landscaping and alleyway improvements. REVIEW BY OTHERS The development proposal is not located within a geographical area requiring review by the CRA (Community Redevelopment Agency) or the DDA (Downtown Development Authority). On January 29, 2013, the Planning and Zoning Board made recommendation to the City Commission to deny the conditional use request by a vote of 5 to 2. The denial was based on concerns regarding existing Code Enforcement violations and liens on the property, as well as, potential long term use as residential versus motel use. To further address these concerns, the Board offered the following conditions of approval as recommendations to the City Commission: • Maximum stay for each motel guest shall be limited to a certain number of days. (7 to 30 day maximums were discussed) • That prior to the issuance of the building permit of the motel expansion, all code enforcement liens and fines shall be paid in full to the City of Delray Beach. • Language restricting the use to a short term stay motel. • Restricting units from having 220 outlets in any existing or proposed rooms. These types of outlets would accommodate larger appliances intended for long term stay. RECOMMENDATION Approve the conditional use request for the Beachway Motel, based upon positive findings with respect to Section 2.4.5(E)(5) (Compatibility) and Chapter 3 (Performance Standards) of the Land Development Regulations, and the policies of the Comprehensive Plan, subject to the following conditions: I. A plat to combine both parcels and provide for right -of -way dedications along George Bush Boulevard and the alleyway must be processed prior to building permit issuance. 2. Pursuant to LDR Section 6.1.2.A., the proposed twenty foot (20') alley adjacent to the development proposal shall be improved and upgraded to current infrastructure standards. 3. The existing six foot (6') perimeter fence must be removed. It was constructed without a building permit and is subject to City Code Enforcement action. Similarly, its current location encroaches within the adjacent 16' alley right -of -way and prohibits rear vehicular access to adjacent businesses along North Federal Highway. 4. It is noted that residential type inns are not allowed within the GC (General Commercial Zoning District). However, the provision of full size stoves, refrigerators, washers and dryers are characteristic in nature of a long term residential use. To comply with the intent of a hotel or motel, full size appliances shall not be permitted in the new rooms and are to be removed from the existing rooms. 5. Approval of a Class IV Site Plan modification application is required prior to building permit issuance. The site plan shall be in general conformance with the conditional use exhibits. 6. City Commission approval of the five foot (5') sidewalk deferral along NE 7th Avenue is required prior to building permit issuance. 7. The photometric plan shall also indicate that the 1.0 foot candle requirement is met at all building entrances. Lastly, because LED light fixtures have a higher energy rating and prevent glare, they shall be substituted for the proposed Metal Halide lamps. 8. The existing location of the Beachway Motel meets the required fifty foot (50') setback requirement from the centerline of George Bush Boulevard. However, the fifty feet (50') should be measured and dimensioned from the center line to the existing building. Currently, it is dimensioned at forty feet (40') to a wall surrounding a landscaped area. The dimension shall be correctly drawn prior to site plan certification. 9. Modify the site data chart and dimensions on the site plan to accurately reflect the front setback distance for the existing building from the new property line after dedication. It is neither 20' as dimensioned on the site plan nor 19' as indicated in the site data chart. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA CONDITIONAL USE REQUEST FOR BEACHWAY MOTEL AT 655 GEORGE BUSH BOULEVARD ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This conditional use request has come before the City Commission on February 19, 2013. This conditional use request is to allow partial demolition and expansion of the existing 1,960 sq. ft. seven (7) room motel including removal of three (3) existing rooms totaling 840 sq. ft., construction of a 2,930 sq. ft. building addition to accommodate an additional nine (9) rooms (total of 13 rooms), a new 138 sq. ft. manager's office, and ten (10) new on -site parking spaces for Beachway Motel located at 655 George Bush Boulevard. 2. The City staff, applicant, and other persons have presented documentary evidence and testimony to the City Commission pertaining to the conditional use request for Beachway Motel. All of the evidence is a part of the record in this case. Findings that are required pursuant to L.D.R. Section 3. 1.1 are made in Sections I and II below. I. COMPREHENSIVE PLAN a. Comprehensive Plan - Future Land Use Element Objective A -1: This objective requires that the property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate in terms of soil, topographic, and other applicable physical considerations, is complementary to adjacent land uses, and fulfills remaining land use needs. Is this objective met? ► C7 1 b. Future Land Use Map: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. The subject property has a Future Land Use Map designation of General Commercial (GC) and is zoned General Commercial (GC). Future Land Use - Is project's proposed location consistent with the Future Land Use Map? Yes No C. Concurrence: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. Concurrency as defined pursuant to Objective B -2 of the Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and /or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Are the concurrency requirements met as respect to water, sewer, drainage, streets and traffic, parks, open space, solid waste and schools? ► ITS d. Consistency : Will the granting of the conditional use be consistent with and further the goals and policies of the Comprehensive Plan? ► C•7 II. LDR REQUIREMENTS a. Section 2.4.5(E)(5) requires certain findings: The conditional use will not: 1. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; 2 2. Hinder development or redevelopment of nearby properties. Has this requirement been met? Yes No 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the conditional use application was submitted. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports and testimony of witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves denies the conditional use application subject to the conditions attached hereto in Exhibit "A" and hereby adopts this Order this 19th day of February, 2013, by a vote of in favor and opposed. ATTEST: Chevelle Nubin City Clerk 3 Thomas F. Carney, Jr., Mayor EXHIBIT "A" Conditions Related to the Conditional Use Request for Beachway Motel 1. A plat to combine both parcels and provide for right -of -way dedications along George Bush Boulevard and the alleyway must be processed prior to building permit issuance. 2. Pursuant to LDR Section 6.1.2.A., the proposed twenty foot (20') alley adjacent to the development proposal shall be improved and upgraded to current infrastructure standards. 3. The existing six foot (6') perimeter fence must be removed. It was constructed without a building permit and is subject to City Code Enforcement action. Similarly, its current location encroaches within the adjacent 16' alley right -of -way and prohibits rear vehicular access to adjacent businesses along North Federal Highway. 4. It is noted that residential type inns are not allowed within the GC (General Commercial Zoning District). However, the provision of full size stoves, refrigerators, washers and dryers are characteristic in nature of a long term residential use. To comply with the intent of a hotel or motel, full size appliances shall not be permitted in the new rooms and are to be removed from the existing rooms. 5. Approval of a Class IV Site Plan modification application is required prior to building permit issuance. The site plan shall be in general conformance with the conditional use exhibits. 6. City Commission approval of the five foot (5') sidewalk deferral along NE 7`h Avenue is required prior to building permit issuance. 7. The photometric plan shall also indicate that the 1.0 foot candle requirement is met at all building entrances. Lastly, because LED light fixtures have a higher energy rating and prevent glare, they shall be substituted for the proposed Metal Halide lamps. 8. The existing location of the Beachway Motel meets the required fifty foot (50') setback requirement from the centerline of George Bush Boulevard. However, the fifty feet (50') should be measured and dimensioned from the center line to the existing building. Currently, it is dimensioned at forty feet (40') to a wall surrounding a landscaped area. The dimension shall be correctly drawn prior to site plan certification. 9. Modify the site data chart and dimensions on the site plan to accurately reflect the front setback distance for the existing building from the new property line after dedication. It is neither 20' as dimensioned on the site plan nor 19' as indicated in the site data chart. 1 • • = Applicant /Owner........... Coconut Creek Developers, LLC Agent ............................. George Brewer Location ......................... Northwest corner of the intersection of NE 8th Street and NE 7th Avenue Property Size ................. 0.28 acres Future Land Use Map.... GC (General Commercial) Current Zoning .............. Adjacent Zoning.... North East South West: GC (General Commercial) RM (Multiple Family Residential Medium Density) GC (General Commercial) CBD (Central Business District) GC (General Commercial) Existing Land Use.......... 7 -room motel Proposed Land Use....... 13 -room motel with a manager office Water Service ................ Existing 6" line in George Bush Boulevard Sewer Service ................ Existing 8" line in George Bush Boulevard The action before the Board is making a recommendation to the City Commission on a request for Conditional Use approval to expand an existing motel in the GC (General Commercial) zone district known as Beachway Motel, pursuant to LDR Section 2.4.5(E). The subject property is located at the northwest corner of NE 7th Avenue and George Bush Boulevard (NE 8th Street) at 655 George Bush Boulevard. The development proposal includes Lot 12 Block 2, Sophia Frey Subdivision and Lot 10 and a portion of Lot 11, Block 2, Sophia Frey Subdivision. The property is located on north side of NE 8th Street (George Bush Boulevard) approximately 50 feet west of the intersection of NE 7th Avenue and NE 8th Street. In 2001, Lot 12, Block 2, Sophia Frey Subdivision, which has a NE 7th Avenue address and is a portion of the northern section of the development property, underwent a small scale Future Land Use Map (FLUM) amendment and a rezoning. The City Commission at its March 6, 2001 meeting approved the small scale FLUM amendment from Medium Density (MD) to General Commercial (GC) and a rezoning from Medium Density Residential (RM) to General Commercial (GC). At its meeting of August 8, 2007, the Site Plan Review and Appearance Board (SPRAB) considered a Class V site plan, landscape plan, and architectural elevations associated with construction of a 4,854 square foot mixed -use development with office space on the first and second floors and total of four residential units on the third and fourth floors. The Board approved the site plan and landscape plan with conditions and tabled the architectural elevations. On September 10, 2007, the Site Plan Review and Appearance Board approved the modified architectural elevations associated with the approved Class V site plan application. The approved plans expired on September 10, 2009. On June 18, 2012, the Planning and Zoning Board continued with direction a conditional use request for renovation and expansion of the existing seven (7) room Beachway Motel with a new building addition to accommodate a total of fifteen (15) rooms, manager's office, and associated new landscaping, parking and alleyway improvements. Now before the Board for consideration, is a revised conditional use request for partial demolition and expansion of the existing 1,960 sq. ft. seven (7) room motel including removal of three (3) existing rooms totaling 840 sq. ft., construction of a 2,930 sq. ft. building addition to accommodate an additional nine (9) rooms (total of 13 rooms), a new 138 sq. ft. manager's office, ten (10) new on -site parking spaces and associated new landscaping and alleyway improvements. PROJECT DESCRIPTION The development proposal consists of the following: • demolition of three (3) westernmost units • renovation of the remaining four (4) rooms; • construction of a new building addition with nine (9) additional motel rooms; • provision of one (1) on -site manager's office with exterior access only; • construction of one (1) parallel parking space adjacent to the alley; • construction of four (4) back -out parking spaces along the alley; • construction of two (2) compact spaces in the rear; • construction of two (2) standard parking spaces in the rear; Planning and Zoning Board Staff Report of January 29, 2013 Conditional Use Request for Beachway Motel Page 2 • provision of one (1) handicap space in the rear; • new landscaping; • alleyway improvements. CONDITIONAL USE ANALYSIS REQUIRED FINDINGS: (Chapter 3): Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body, which has the authority to approve or deny the development application. These findings relate to the following four areas. FUTURE LAND USE MAP: The use or structures must be allowed in the zone district and the zoning district must be consistent with the land use designation). The subject property has a FLUM (Future Land Use Map) designation of GC (General Commercial) and a zoning designation of GC (General Commercial). The GC zoning district is consistent with the GC Future Land Use Map designation and "Hotel and Motels" are listed as a Conditional Use in the GC zoning district [LDR Section 4.4.9 (D)(9)]. CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. As described in Appendix "B ", a positive finding of Concurrency can be made as it relates to water and sewer, drainage, parks and recreation, open space, solid waste, and schools. The City has received written confirmation from the Palm Beach County Traffic Division that the development proposal meets streets and traffic standards. CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required findings in Section 2.4.5(E)(5) for the Conditional Use request shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable policies were found. Future Land Use Element Objective A -1: Vacant property shall be developed in a manner so that the future use and intensity is appropriate in terms of soil, topographic, and other applicable physical considerations, is complementary to adjacent land uses, and fulfills remaining land use needs. The vacant parcel to the north of the existing Beachway Motel is to be utilized for the expansion. No unusual physical conditions exist that would prevent development of the property. Although, the property would be better suited as previously approved as a prime location for mixed -use, retail or future office redevelopment, the conditional use request to allow expansion of the existing motel is not inconsistent with the LDRs. The subject property is to be developed in a manner that would be complementary to the adjacent residential community to the north and the central business district to the south. Positive findings with Future Land Use Element Objective A -1 can be made, if the site is developed and operated as a motel rather than long -term stay rentals similar to residential -type inns which are not allowed within the GC zoning district. Further, minimum unit sizes would not be met and density maximum would be exceeded if these were long term rental units versus motel units. Planning and Zoning Board Staff Report of January 29, 2013 Conditional Use Request for Beachway Motel Page 3 • - ;� • - • In conjunction with the Conditional Use request a sketch plan was submitted which has been reviewed by staff. If the Conditional Use is approved, a full site plan submittal complying with LDR Section 2.4.3 will be required. The accompanying sketch plan is not compliant with the City's Land Development Regulations in the following way: Pursuant to the definition of motel, no provisions for cooking can be provided. The four (4) existing motel units have stoves, full -size refrigerators, washers and dryers. All of these items are more characteristic of permanent housing versus transient motel use. It is noted that the proposal would not meet several LDR requirements related to permanent housing including unit size or density. These items are to be removed with the renovation of these units and prior to issuance of a certification of occupancy for the motel expansion. The existing six foot (6') perimeter fence must be removed. The fence extends across the front fagade of the existing rooms and across the public alley. It was constructed without a building permit and is subject to City Code Enforcement action. Similarly, its current location encroaches within the adjacent 16' alley right -of -way and prohibits rear vehicular access to adjacent businesses along North Federal Highway. Several business owners have recently complained to the City about lack of access to the rear of their existing businesses. The Board can impose these conditions, as identified in Appendix "A ", to assure compatibility of the use pursuant to LDR Section 2.4.4.(C). Therefore, required findings with respect to LDR Section 3.1.1 (LDR Compliance) can be made, subject to compliance with these conditions. 0 - - • Pursuant to Section 2.4.5(E)(5) (Findings), in addition to provisions of Chapter 3, the City Commission must make findings that establishing the conditional use will not: A. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; B. Nor that it will hinder development or redevelopment of nearby properties. The following table indicates the zoning and land use of the adjacent properties: Immediately to the north is vacant RM zoned property. To the south, across George Bush Boulevard, is CBD zoned property containing a dance studio and offices. To the east of the subject property is the Sail Inn Night Club & Bar. To the west is a gasoline station situated on the northeast corner of the intersection at US1 (North Federal Highway) and George Bush Boulevard. As indicated in the CPTED (Crime Prevention Though Environmental Design) report completed by the City Police Department, the existing Beachway Motel site has one of the police department's highest rates of calls of service for primarily narcotics related crimes. Past uses of the site have included rehabilitation facilities and a halfway house which continue to be a concern for neighborhood residents. Adjacent Zoning Adjacent Land Use North Medium Density Multiple Family Residential (RM) Vacant Land South > Central Business District (CBD ) Dance Studio /Offices East General Commercial GC Sail Inn Night Club /Bar West ' General Commercial (GC) Gasoline Station /Retail Immediately to the north is vacant RM zoned property. To the south, across George Bush Boulevard, is CBD zoned property containing a dance studio and offices. To the east of the subject property is the Sail Inn Night Club & Bar. To the west is a gasoline station situated on the northeast corner of the intersection at US1 (North Federal Highway) and George Bush Boulevard. As indicated in the CPTED (Crime Prevention Though Environmental Design) report completed by the City Police Department, the existing Beachway Motel site has one of the police department's highest rates of calls of service for primarily narcotics related crimes. Past uses of the site have included rehabilitation facilities and a halfway house which continue to be a concern for neighborhood residents. Planning and Zoning Board Staff Report of January 29, 2013 Conditional Use Request for Beachway Motel Page 4 With the expansion of the site to the vacant property to the north, it will be situated immediately adjacent to potential future residential developments. This could negatively affect adjacent property values. The site is buffered from commercial properties to the south by the George Bush Boulevard right -of -way. The existence of the six foot fence along George Bush Boulevard reduces the potential aesthetic value of the site and also poses hiding spaces for abnormal users and potential illegal activities as indicated in the CPTED evaluation by the police department. Removal of the fencing facing the right -of -way would benefit the community and the image of the City as a whole. Further, the fencing is more characteristic of permanent housing for which this site is not approved or compliant as it relates to minimum unit size (efficiencies are to be 450 sq. ft.) or density (maximum of 4 units). The current proposal reduces this fencing to a 36" CBS screen wall. This will open up this elevation and remove potential hiding areas. The Sail Inn immediately abuts the property to the east with the exception of a small extension of the parcel in the northeast corner which fronts on NE 7th Avenue. Rear access via a new walkway will be constructed to connect the new Beachway Motel expansion to the adjacent NE 7th Avenue right -of -way. Pedestrians entering the motel from NE 7th Avenue will be facing residential zoned properties fronting on NE 7th Avenue which currently contain single family residences. Late night foot traffic may pose a concern to the neighbors. The site is also buffered from commercial properties to the west by the existing unimproved alley right -of -way. The expanded motel will be taking its primary access from the alleyway and it will have to be improved to meet the City standards. Based on the above, the proposed use will not have an adverse impact on the surrounding area and will not hinder development or redevelopment of nearby properties, if the conditions of approval previously noted (i.e. removal of the existing fence and full -size appliances from existing units) are addressed. LDR Section 4.3.4(H)(6)(a) — Setback Requirement Pursuant to LDR Section 4.3.4.H.6.a., along George Bush Blvd., between Swinton Avenue and A1A, a fifty foot (50') setback shall be provided from the centerline. The existing location of the Beachway Motel meets the required fifty foot (50') setback requirement. The fifty feet (50') is measured from the center line to the building and should be correctly dimensioned on the site plan, for reference. Currently, it is dimensioned to a wall surrounding a landscaped area. The dimension shall be correctly drawn prior to site plan certification, and this is attached as a condition of approval. LDR Section 4.6.8 — Lighting Requirements Pursuant to LDR Section 4.6.8(A)(3), the required maximum illumination level for commercial parking lots is 12.0 foot candles and a minimum of 1.0 foot candle. Also, the required illumination level for building entrances is 10.0 foot candles maximum and a minimum of 1.0 foot candle. The proposed site plan indicates construction of a new light pole near the northernmost unit adjacent to the rear parking area. However, its location is not represented on the photometric plan. The proposed new light pole shall meet the maximum twenty -five foot (25') height requirement and a cut sheet shall be provided indicating compliance. Similarly, foot candle illuminations in the affected area shall be redistributed and corrections reflected on the photometric plan. The photometric plan shall also indicate that the 1.0 foot candle requirement is met at all building entrances. Lastly, because LED light fixtures have a higher energy rating and prevent glare, they shall be substituted for the proposed Metal Halide lamps. These are attached as conditions of approval. LDR Section 5.3.1(D) - Right -of -Way Requirements: Pursuant to LDR Sections 5.3.1 (A) and (D) and Table T -1 of the Comprehensive Plan Transportation Element, the following table describes the required rights -of -way and the existing rights -of -way adjacent to the subject property: Planning and Zoning Board Staff Report of January 29, 2013 Conditional Use Request for Beachway Motel Page 5 Item Considered Sidewalk Width -Existing- Sidewalk Width - Proposed- Curb & Gutter - Existing - Curb &` Gutter - Proposed- Right -Of- Way -Existing- Right -Of- -Way Dedication Alley N/A N/A N/A N/A 16' 4' NE 7 th Ave. No 5' (deferral) No No 50' N/A 5' waived) George Bush Blvd. No 5' (new) No No 66' 7' Alley: Pursuant to LDR Section 5.3.1(D)(2), the required width of an alley is twenty feet (20'). Pursuant to LDR Section 5.3.1(D)(3), additional right -of -way width may be required to promote public safety and welfare, storm water management, adequate area for street trees and to ensure adequate access, circulation and parking in high intensity use areas. The existing alley right -of -way width of the alley is sixteen feet (16'). On February 11, 2011, upon presentation of conceptual plans for the expansion of the Beachway Motel, the City Engineer and DSMG determined that the width of the alley should be expanded to twenty feet (20'), which is consistent with the widths provided with recent redevelopment proposals. The applicant proposes a four foot (4') dedication as shown on the site plans meeting the LDR requirement. George Bush Boulevard: The required right -of -way for George Bush Boulevard is eighty feet (80'). The existing right -of -way is thirty -three feet (33') feet from the centerline of the right -of -way on either side of the road. Thus, sixty -six feet (66') of right -of -way exists, requiring an additional seven feet (7') on either side of the road for a total of forty feet (40') of right -of -way from the centerline. The applicant proposes to dedicate seven feet (7') to meet the right -of -way requirement. The necessity for additional right -of- way along George Bush Boulevard was determined by the Development Services Management Group (DSMG) on December 14, 2006, in association with the prior Engtek development proposal and is applicable to all future new development at this location. This dedication is shown on the site plan. NE 7th Avenue: On October 6, 2011, the DSMG supported retaining the existing fifty foot (50') right -of- way along NE 7th Avenue. Therefore, no additional right -of -way dedication for NE 7th Avenue is required. LDR Section 6.1.3(B) - Sidewalk Requirements: Pursuant to LDR Section 6.1.3(B), a sidewalk is required for all City roadways. NE 7th Avenue: On October 6, 2011, the DSMG supported a deferral to delay immediate construction of a five foot (5') sidewalk along the west side of NE 7th Avenue. This recommendation is subject to separate City Commission approval. George Bush Boulevard: The City Engineer recommended an eight foot (8') sidewalk be constructed along the north side of George Bush Boulevard. However, on October 27, 2011, the DSMG determined that a minimum five foot (5') sidewalk shall be constructed on the north side of George Bush Boulevard, congruent with development of the subject parcel. This will require removal of the seven (7) back -out parking spaces along George Bush Boulevard. The applicant has modified the plans to note these improvements. REVIEW BY OTHERS The development proposal is not located within a geographical area requiring review by the CRA (Community Redevelopment Agency) or the DDA (Downtown Development Authority). Courtesy Notices: Courtesy notices have been provided to the following homeowner's associations or civil organizations which have requested notice of developments in their areas: Planning and Zoning Board Staff Report of January 29, 2013 Conditional Use Request for Beachway Motel Page 6 ❑ Delray Citizen's Coalition ❑ Neighborhood Advisory Council ❑ La Hacienda ❑ Palm Trail ❑ Kokomo Key ❑ Martell Arms ❑ Landing of Delray ❑ Inlet Cove ❑ Estuary Public Notices: Formal public notice has been provided to property owners located within a 500 foot radius of the subject property. Letters of objection, if any, will be presented at the Planning and Zoning Board meeting. The proposed conditional use request is to allow renovation and expansion of the existing seven (7) room motel with a new building addition to accommodate a total of thirteen (13) rooms and a manager's office and with associated new landscaping, parking and alleyway improvements. The proposed design layout is consistent with the Land Development Regulations with respect to open space, setbacks and the elimination of existing backout parking. The development proposal contains both internal improvements (i.e. stoves, refrigerators, washers and dryers) and external improvements (i.e. privacy screen walls and fences), which suggest that this will not operate as a motel but more as longer term housing option. Certain conditions have been added to minimize this possibility. With these conditions (Appendix A), the current proposal will meet required findings with respect to LDR Section 3.1.1. (Compliance). In addition, this use will meet required findings of LDR Section 2.4.5(E)(5) as it relates to stability of the neighborhood and potential to hinder development of nearby properties, provided these conditions are met. All units must be available to the general public and occupied on a short term basis. The recommended conditions of approval will demonstrate a good faith effort toward compliance. A. Continue with direction. B. Recommend approval of the request for a conditional use for the Beachway Motel, based upon positive findings with respect to Section 3.1.1 and Section 2.4.5(E)(5)(Compatibility) of the Land Development Regulations, and the policies of the Comprehensive Plan, subject to the conditions identified in the attached "Appendix A ". C. Recommend denial of the request for a conditional use for Beachway Motel based upon a failure to make positive findings with respect to Section 3.1.1 and Section 2.4.5(E)(5) (Compatibility) of the Land Development Regulations, and the policies of the Comprehensive Plan. RECOMMENDED ACTION'! Recommend approval of the request for a conditional use for the Beachway Motel, based upon positive findings with respect to Section 3.1.1 and Section 2.4.5(E)(5)(Compatibility) of the Land Development Regulations, and the policies of the Comprehensive Plan, subject to the conditions identified in the attached "Appendix A ". Planning and Zoning Board Staff Report of January 29, 2013 Conditional Use Request for Beachway Motel Page 7 Attachments: • Proposed Project Plans • Appendix A —Technical Advisory Committee (TAC) Comments • Appendix 8 — Concurrency Findings • Letters of Objection Planning and Zoning Board Staff Report of January 29, 2013 Conditional Use Request for Beachway Motel Page 8 APPENDIX"A" ADVISORY COMMITTEE Planning & Zoning Department: A plat to combine both parcels and provide for right -of -way dedications along George Bush Boulevard and the alleyway must be processed prior to building permit issuance. 2. Pursuant to LDR Section 6.1.2.A., the proposed twenty foot (20') alley adjacent to the development proposal shall be improved and upgraded to current infrastructure standards. 3. The existing six foot (6) perimeter must be removed. It was constructed without a building permit and is subject to City Code Enforcement action. Similarly, its current location encroaches within the adjacent 16' alley right -of -way and prohibits rear vehicular access to adjacent businesses along North Federal Highway. 4. It is noted that residential type inns are not allowed within the GC (General Commercial Zoning District). However, the provision of full size stoves, refrigerators, washers and dryers are characteristic in nature of a long term residential use. To comply with the intent of a hotel or motel, full size appliances shall not be permitted in the new rooms and are to be removed from the existing rooms. 5. Approval of a Class IV Site Plan modification application is required prior to building permit issuance. The site plan shall be in general conformance with the conditional use exhibits. 6. City Commission approval of the five foot (5) sidewalk deferral along NE 7t" Avenue is required prior to building permit issuance. 7. The photometric plan shall also indicate that the 1.0 foot candle requirement is met at all building entrances. Lastly, because LED light fixtures have a higher energy rating and prevent glare, they shall be substituted for the proposed Metal Halide lamps. The existing location of the Beachway Motel meets the required fifty foot (50') setback requirement from the centerline of George Bush Boulevard. However, the fifty feet (50') should be measured and dimensioned from the center line to the existing building. Currently, it is dimensioned at forty feet (40') to a wall surrounding a landscaped area. The dimension shall be correctly drawn prior to site plan certification. 9. Modify the site data chart and dimensions on the site plan to accurately reflect the front setback distance for the existing building from the new property line after dedication. It is neither 20' as dimensioned on the site plan nor 19' as indicated in the site data chart. Police Department (CPTED): 10. Natural surveillance for the site has been negatively impacted by the recent addition of an existing six foot wood fence to the front of the building. This fence obstructs views of the front of each unit for passing vehicles and pedestrians. Good natural surveillance provides a greater likelihood that the activities of abnormal users will be detected by passing motorists. The wooden fence along the front of the site, with its single gate, also creates a choke, ambush point for officers responding to the front of the existing building. This is due to a lack of visibility to the other side for before responding officers pass through the gate. The fencing has been replaced with a 36" CBS wall. Planning and Zoning Board Staff Report of January 29, 2013 Conditional Use Request for Beachway Motel Page 9 Pursuant to LDR Section 3.1.1(8), Concurrency, as defined pursuant to Objective B -2 of the Land Use Element of the Comprehensive Plan, must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Water and Sewer: ❑ Water services are available via an existing 6" water main within George Bush Boulevard. Fire protection is proposed to be provided by one (1) fire hydrant located at the east side of N.E. 7th Avenue just north of George Bush Boulevard. ❑ Sewer services are available via an existing 8" sanitary sewer main within George Bush Boulevard. Pursuant to the City's Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City through 2047. Streets and Traffic: A traffic impact statement has been prepared for the development proposal. Based upon the ITE trip generation rates (8th Edition), the proposed Beachway Motel development will generate 137 daily trips with 10 am peak hour trips and 9 pm peak hour trips. This is an additional 82 daily trips, 6 am peak hour trips and 5 pm peak hour trips when compared to the trip generation for the existing site. The Palm Beach County Traffic Division has provided a traffic concurrency determination letter for the proposed development which indicates that the proposed motel meets the Traffic Performance Standards of Palm Beach County. Solid Waste: The existing 2,124 sq. ft., 7 —room motel generates 4.99 tons of solid waste per year. The proposed 4,365 sq. ft., 13 -room motel will generate 10.25 tons of solid waste per year. This results in an increase of 5.26 tons of solid waste per year. The solid waste that will be generated can be accommodated by existing facilities and thus, will not have a significant impact on this level of service standard. The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals till the year 2047. Parks and Recreation Facilities: Park dedication requirements do not apply to non - residential uses. Thus, the proposed development will not have any impact with respect to this standard. The development will however pay park impact fees at a cost of $500 per room for a total of $4,500 for nine (9) new rooms. 6-N1 174 School concurrency findings do not apply for non - residential uses. Thus, the proposed development will not have any impacts with respect to this standard. Drainage: Drainage will be accommodated on site via an exfiltration trench system. There are no problems noted with retaining drainage on site and there should be no impact on drainage as it relates to this level of service standard. Thus, positive findings with respect to this level of service standard can be made. ® N SUBJECT BEACH WAY MOTEL PROPERTY 655 GEORGE BUSH BOULEVARD '? PLANNING AND ZONINGr DEPARTMENT LOCATION MAP -- DIGITAL B45E MAP SYSTEM -- MAP REF: S: \Planning do Zoning \DBMS \File— Cab \Z —LM 1001- 1500 \LM1321_Beachway Motel �• N PLANNING AND ZONING DEPARTMENT SUBJECT PROPERTY BEACH WAY MOTEL 655 GEORGE BUSH BOULEVARD AERIAL LOCATION MAP -- DIGITAL RASE MAP SYSTEM -- MAP REF: S: \Plonning & Zoning \DBMS \File— Cab \Z —LM 1001- 1500 \LM1321— Beachwoy Motel ffrr / - vama'HD gnu :M(l E \§ _ 'aamS 39aw2n S&0 Iy&O&]a e&y &0 Z RGY \/ \\ \ (§ \ \) m ! :S } § � }) \� § » \; ! \ §/ (J ;) (� kj \)§ \)\ \ / / S / Y Q S � d � m Q � / m m U � m S \ / « / � � m & �& �T �: E \§ \\ (§ \ \) } § / E> 1p�\\ «! � }) \� § » \; ! \ §/ (J ;) (� kj \)§ \)\ \ / / S / Y Q S � d � m Q � / m m U � m S \ / « / � � m & �& �T �: WINOld'HDV99 J,V2i KI JH�J1 an�9 HS 9 39b09� SS9 SNOI.I VAONH2I QN`d NOIIIGGV e e R B �O Q m v arm Q G ® W 3 E E E Nd Nb' 3 3 E E e E E E i 3 E 11 U H W O 0 9 1"�'I Jefferson, Candi From: jgrzybowski @comcast.net Sent: Thursday, June 14, 2012 9:50 PM To: Jefferson, Candi Subject: Beach Way Motel renovation & ally way improvement Dear Candi: As per our phone conversation this afternoon, I am writing to you with my concerns about the the renovations going on with the Beach Way Motel. I would first like to thank you for taking the time out of you busy schedule to return my call to discuss this matter and advise me on how I should proceed. It was a pleasure to speak with someone who is knowledgeable and able to answer my questions. Please accept this as my written letter of concern and /or objection to the Motel renovation and specifically the ally way improvement. My commercial property 817 NE 6th Avenue, is connected to the ally way and is used for ingress and egress to George Bush Blvd. I welcome any improvements to the ally as long as my property's access to it's use is not blocked. I personally used this ally for over 10 years while my Pool Business was located their. Currently the property is being rented out and my tenets are still using it to access George Bush Blvd. If you need any additional information from me please contact me via e -mail or my phone (423)544- 5618. Thank you, Joseph Grzybowski Truxell, Rebecca From: Chip Crane <CCrane@servit.net> Sent: Monday, September 17, 2012 10:10 PM To: PZmail@MyDelrayBeach.com Subject: Beachway Motel expansion I do not approve of the request for the conditional use request for Beachway Motel expansion. Thank you. Include your name and neighborhood. That is all that you need to say Edward Crane - La Hacienda homeowner 819 N. Lake Avenue Delray Beach, FL. 33483 ....................... -- ............................ .......... ...... ...... ...... ....... ... ....... .. ........... .......... ............. ............ 1 Truxell, Rebecca From: Ken Schulman <kenschul5 @gmai[ -com> Sent: Tuesday, September 18, 2012 6:45 AM To: PZmail @MyDelrayBeach.com Subject: Motel Enough with sober housing. Fun City USA should promote & be known for what makes this town so good. Don't let still another rehab center encroach on our neighborhood. La Hacienda resident Ken Schulman 725 Lake Ave N Sent from my Phone 1 `Cruxell, Rebecca From: lorig <Ipg913 @yahoo,com> Sent: Tuesday, September 18, 2012 3:22 PM To: PZmail @MyDelrayBeach.com Subject: Beachway Motel As a long time Delray homeowner it is upsetting to view the downhill slide of our beautiful city to become the "rehab capital ". I am vehemently opposed to an expansion of the Beachway Motel as it is deemed to be yet ANOTHER recovery facility. Lori Godbold 742 South lake Avenue i Truxell, Rebecca From: Patricia Truscello <pruscello @hotmail.com> Sent: Tuesday, September 18, 2012 5:13 PM To: PZmail @MyDelrayBeach.com Subject: motel expansion TO: Planning, Zoning and Building I am strongly against the expansion of the beach motel on George Bush Boulevard!!) l Please do not approve this expansion. The motel is already an eye -sore for the community and such an establishment should not be at the gateway to our beautiful beachfront area. We do not want a small eye -sore to become a gigantic one!!!!! I was under the impression that the City had committed to IMPROVING the George Bush Blvd, area not allowing it to get worse. The street needs safe sidewalks and a bicycle lane for the many beachgoers using this access to the ocean. It is a gateway to the City's greatest treasure and should be treated as such! Thank you for your smart planning. Patricia Truscello La Hacienda Resident 829 Lake Avenue North Delray Beach, FL 33483 1 Rebecca From: McCall Credle Rosenthal <artmuseumlover@aol.com> Sent: Wednesday, September 19, 2012 6:45 AM To: PZmail @MybalrayBeach.com Subject: Beachway Hotel expansion letter to Planning and Zoning Dept_ Dear Planning and Zoning: As a member of the La Hacienda HOA, I have watched the traffic to and from the Beachway Motel during the past two years and have been disturbed. I am opposed to the plan for a conditional use expansion to that property on George Bush Blvd. We are already inundated with Transient Home properties in the area and we ask you NOT to allow another. We are being inundated with the escalation of recovery facilities in this city. We need you to help us with this problem for a change. Thank you for your consideration. McCall Credle Rosenthal President - La Hacienda HOA Truxell, Rebecca From: Kim Leahy <leahydelray @gmail.com> Sent: Wednesday, September 19, 2012 9:02 AM To: PZmail @MyDelrayBeach.com Subject: Beach Motel Expansion in Delray Beach Good morning: We live in the LaHacienda neighborhood and have for 25+ years. For the most part this has been a quiet area with old Delray flavor. Over the last few years we have seen an increase in transient home properties both in our neighborhood and just down the street. I am extremely opposed to the conditional use expansion to the Beach hotel property on George Bush Blvd. We have several families whose children wait for a bus stop in that area. I am not saying this is our only source of concern for our children, but why are we adding to it? Delray is proud of it's beautiful city awards and to inundate east Delray with Transient Homes is not in keeping with that goal. I believe this area is U1 to capacity of recovery facilities and even though they may bring in large sums of tax dollars, it is time to say NO to money and YES to the PEOPLE who LIVE here. Please work with your residence who live and work in Delray and DO NOT allow this expansion. Thank you for your consideration. Kim Leahy LaHacienda Resident Truxell, Rebecca From: Amy J. Busch <abusch10 @hotmail.com> Sent: Wednesday, September 19, 2012 9:05 AM To: PZmail @MyDelrayBeach.com Cc: lanecarlee@mac.com Subject: Beachway motel expansion Delray Beach is my new home. I bought this home because I believe that it is a welcoming and vibrant place to live. I also believe that people with substance abuse issues should have a place to rid themselves of vices so they can move forward in renewed good health... However, saying that there are problems with motels such as Beachway expanding to fill this role. First of all, cramped closed quarters beyond the scope of medical intervention and oversight means these motels are not providing the foundation for success but rather foster a sense of futility that seeps into the community. Rather then provide a therapeutic environment, this motel expansion starts a downward cycle of recitism - a "slum" landlord with a holding pen of how many drug addicts or alcoholics can fit in a 7 by 10 foot room is not a method for successful intervention. A motel is not a hospital nor is it place for receiving medical help or therapy. I believe the Beachway Motel should be thoroughy investigated in past practices before given approval for any expansion. As this is our community, we deserve to feel that it is safe, sound and that forethought is put in place in terms of the overall comprehensive plan for Delray Beach in the future. Sincerely, Amy J. Busch Sent from my iPad ,,-ferson, Candi From- Joel Wynne <buildsafl@yahoo.com> Sent: Friday, September 21, 2012 3:46 PM To: Jefferson, Cand! Subject: Proposed Expansion of Beachwood Motel ,Near Ms. Jefferson, Please consider this to be our letter of objection regarding the itroposed expansion of the Beachwood Motel. We(Wynne Building Corporation ) are the owners of the adjacent parcel along U.S. 1. It is our belief that this expansion will have a deleterious impact wit regard the future re-development of this neighborhood. i. Thank you for considering our objection. We plan on building townhouses on the eastern segment of our property,and commercial along If you have any questions, please feel free to email me or contact me via cellphone 772 2017571 Joel F Wynne buildsaiUD-Yahoo.corn Al Please consider the environment before printing this e-mail, 1 IIMM- From: Ebgoldl2 @aol.com Sent: Friday, September 21, 2012 6:02 PM To: P2mail @MyDelrayBeach.com Subject: (no subject) To whom it may concern, East Delray is a charming and safe neighborhood with a lot of potential to be something very special. Please to not change the direction by extending the motel and adding more housing for recovering addicts.We have our share here already. Thank you Esther Gold 1 �� -���5� MEMORANDUM TO: Mayor and City Commissioners FROM: Estelio Breto, Senior Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: Douglas E. Smith, Interim City Manager DATE: February 13, 2013 SUBJECT: AGENDA ITEM 10.C. - REGULAR COMMISSION MEETING OF FEBRUARY 19, 2013 CONDITIONAL USE REOUEST FOR TIM FINEGAN'S IRISH PUB AND RESTAURANT ITEM BEFORE COMMISSION The item before the City Commission is a conditional use request to establish a 24 -hour or late night business for Tim Finnegan's Irish Pub and Restaurant located at 2885 South Federal Highway pursuant to LDR Section 4.3.3(VV)(2)(e). BACKGROUND The property is located on the east side of South Federal Highway, to the south of Avenue "H ", and is zoned PC (Planned Commercial). The conditional use request by the Tim Finnegan's Irish Pub is to allow a "24 -hour or late night business" in a 3,770 sq. ft. building within the Dumar Shopping Plaza. The request would extend the current operating hours from 12:00 a.m. midnight to 2:00 a.m. for the restaurant use. The residential areas to the north of the site (Tropic Isles Town Homes) and to the east (East View Village Square, and Tropic View Condos) are located 265' and 328' away from the Tim Finnegan's Irish Pub Building respectively. These residential areas will be buffered with upgraded hedging and new canopy trees planted 30' on- center along the north and east side of the property. The residential area to the east will also be buffered by three existing buildings that are part of the Dumar Plaza. No security concerns with the extended hours have been raised by the Delray Beach Police Department which notes that there is no history of any incidents requiring law enforcement action occurring at the Dumar Shopping Plaza location. The parking area is well lighted with pole lighting, on dusk to dawn timers, as well as additional flood lighting and under eave lighting on the buildings. The common areas inside of the complex contain pole and landscape lighting providing a safe level of night time lighting inside the shopping plaza. The portion of the building occupied by Tim Finnegan's has flood lighting on all corners of the building operated by the owners. REVIEW BY OTHERS At its meeting of January 29, 2013, 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. The Board had discussions regarding the appropriateness of the conditional use request. After their deliberations, the Board moved a recommendation of approval for the conditional use request on a vote of 5 -1, 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 January 29, 2012. RECOMMENDATION Move approval of the conditional use request for a 24 -hour or late night business in conjunction with the Tim Finnegan's Irish Pub and Restaurant, based upon positive findings with respect to Chapter 3 (Performance Standards), Section 2.4.5(E)(5) (Required Findings), and Section 4.3.3(VV)(2)(c) (24- Hour or Late Night Business Findings) of the Land Development Regulations, and consistency with Housing Element Policy A -11.3, subject to the conditions listed in the January 29, 2013, Planning and Zoning Board Staff Report. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA CONDITIONAL USE REQUEST FOR TIM FINNEGAN'S IRISH PUB AND RESTAURANT AT 2885 SOUTH FEDERAL HIGHWAY ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This conditional use request has come before the City Commission on February 19, 2013. This conditional use request is to establish a 24 -hour or late night business for Tim Finnegan's Irish Pub and Restaurant located at 2885 South Federal Highway 2. The City staff, applicant, and other persons have presented documentary evidence and testimony to the City Commission pertaining to the conditional use request for Tim Finnegan's Irish Pub and Restaurant. All of the evidence is a part of the record in this case. Findings that are required pursuant to L.D.R. Section 3.1.1 are made in Sections I and II below. I. COMPREHENSIVE PLAN a. Comprehensive Plan — Housing Element Policy A -11.3: This objective requires 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. Is this policy met? Yes No 1 b. Future Land Use Map: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. The subject property has a Future Land Use Map designation of General Commercial (GC) and is zoned Planned Commercial (PC). Future Land Use - Is project's proposed location consistent with the Future Land Use Map? Yes No C. Concurrence: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. Concurrency as defined pursuant to Objective B -2 of the Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and /or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Are the concurrency requirements met as respect to water, sewer, drainage, streets and traffic, parks, open space, solid waste and schools? ► ITS d. Consistency : Will the granting of the conditional use be consistent with and further the goals and policies of the Comprehensive Plan? ► C•7 II. LDR REQUIREMENTS a. Section 2.4.5(E)(5) requires certain findings: The conditional use will not: 1. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; 2 2. Hinder development or redevelopment of nearby properties. Has this requirement been met? Yes No 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the conditional use application was submitted. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports and testimony of witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves denies the conditional use application subject to the conditions attached hereto in Exhibit "A" and hereby adopts this Order this 19th day of February, 2013, by a vote of in favor and opposed. ATTEST: Chevelle Nubin City Clerk 3 Thomas F. Carney, Jr., Mayor EXHIBIT "A" Conditions Related to the Conditional Use Request for Tim Finnegan's Irish Pub and Restaurant 1. That the timing for the existing parking lot lights currently operating until midnight be modified to operate until 3:00 a.m. (1 hour after closing); 2. That any additional security measures provided by the owner (i.e. security cameras, parking lot security patrol, police patrol, etc.) be operational at a minimum of 11 p.m. - 3 a.m., regardless of the anticipated number of patrons; 3. That consumption of alcoholic beverages on the premises after 2:00 a.m. is prohibited; 4. That no music, no outdoor speakers will be allowed outside the building; 5. That Live band music will stop at midnight 12:00 a.m. 6. The overall condition of the landscaping at Dumar Plaza is poor. Numerous trees and hedges are missing from landscape islands and the perimeter buffers. Most of the existing plant material will need to be replaced. At a minimum, the North, East and Southwest perimeter landscape buffers shall be improved as follows: All invasive material must be removed and properly disposed. Shade trees that are fourteen feet (14') in height with a six foot (6) spread shall be planted every thirty feet (30') on center. A continuous hedge that is a minimum of two feet (2') in height shall be installed. The hedge must be allowed to grow high enough to provide a sufficient buffer to the neighboring residentially -zoned properties. 7. That the existing irrigation system shall be repaired to allow for 100% uniform coverage of all plant material; and 8. That a Landscape Plan, signed and sealed by a Registered Landscape Architect, depicting the existing and proposed material shall be submitted for a formal review and approval by the City's Senior Landscape Planner. -- - -__ \ 9 g\ O!GlTAL &95E MAP SYSTEM -- MAP REF: $: Plannin & Zonin DBhAS \File- Cab \Z -t!A 7403- 1500 \i.M1374 Tim Fnnegan's Iriah-Pub and Restaurant N TIM FINNEGAN`S IRISH PUB SUBJECT PROPERTY AND RESTAURANT PLANNING AND ZONING DEPARTMENT LOCATION MAP -- - -__ \ 9 g\ O!GlTAL &95E MAP SYSTEM -- MAP REF: $: Plannin & Zonin DBhAS \File- Cab \Z -t!A 7403- 1500 \i.M1374 Tim Fnnegan's Iriah-Pub and Restaurant : CITY OF DELRAY BEACH MEETING DATE: January 29, 2013 Ll ITEM: Conditional use request to allow the Tim Finnegan's Irish Pub and Restaurant to operate past the hour of 12:00 a.m. and no later than 2:00 a.m, seven days per week, Pursuant to LDR Section 4.3.3(W)(2). The property is located at 2885 South Federal Highway in the Dumar Shopping Plaza. GENERAL DATA: Agent...... ............................... Location ...... ............................... Property Size ............................. Existing FLUM ........................... Current Zoning ........................... Adjacent Zoning ............... North Existing Land Use......... Debora Turner Oster 2885 South Federal Highway 2.93 acres GC (General Commercial) PC (Planned Commercial) PC (Planned Commercial) East: RM (Multiple Family Residential) South: PC (Planned Commercial) West: AC (Automotive Commercial) Proposed Land Use............ ... Shopping Plaza .. Shopping Plaza Water Service ........................ Available via connection to a 10" water main located along Florida Boulevard r -o -w and a 6" water main located within Avenue "H" r -o -w. There are 3 fire hydrants located within the shopping plaza. Sewer Service. ............... Available via connection to an 8" sewer main located along Florida Boulevard r -o -w. ITEM BEFORE THEBOARD The action before the Board is making a recommendation to the City Commission on the following request for conditional use approval pursuant to Land Development Regulations (LDR) Section 2.4.5(E): Pursuant to LDR Section 4.3.3(VV)(2), any 24 -Hour or late night business located or proposed to be located within a three hundred foot (300) straight line route from any residentially -zoned property shall obtain a conditional use permit from the City for the operation of such use. The distance shall be measured from the nearest point of the property on which the 24 -Hour or late night business is or will be located to the nearest point of a residentially -zoned property, The conditional use request is in conjunction with the Tim Finnegan's Irish Pub and Restaurant, to allow the Irish Pub to operate past the hour of 12:00 a.m. and no later than 2:00 a.m. seven days per week. The property is located at 2885 South Federal Highway in the Dumar Shopping Plaza, across from Delray Toyota and Del -Raton RV Park. BACKGROUND The subject property involves a 2.93 acres site which includes Lots 1 through 3, Block 1, and Lots 1 through 4, Block 2, of the Dumar Plaza Re -plat, City of Delray Beach. The property is located at 2885 South Federal Highway on the east side of South Federal Highway, to the south of Avenue "H ", and is zoned PC (Planned Commercial). The existing site contains a 23,604 sq. ft. shopping plaza known as Dumar Shopping Plaza. The shopping plaza was originally constructed in 1983 and is occupied with retail /commercial and office uses. Now before the Board is a conditional use request to allow the Tim Finnegan's Irish Pub and Restaurant, to operate past the hour of 12:00 a.m. and no later than 2:00 a.m. seven days per week. The restaurant serves lunch and dinner daily and would like to extend the operating hours to 2:00 a.m_ seven days per week. -PROJECT DESCRtPTON The development proposal consists of the following: • Extending the operating hours for the Irish Pub and Restaurant to 2 a.m. seven days per week; • The Tim Finnegan's Irish Pub and Restaurant is a family operated business since 2009 with seven employees and serves lunch and dinner daily; • The seating capacity for the restaurant is 150 seats; • Installation of internal and external security measures which are described in the security plan submitted to the City's Police Department-, • The Tim Finnegan's Irish Pub is already operating and no modifications to the foot print of the existing building or alterations to the exterior architectural elevations of the building are proposed; Planning & Zoning Board 1129113 Staff Report Conditional Use Request for the Tim Finnegan's Irish Pub and Restaurant to Operate until 2:00 a.m. Page 2 The restaurant features special activities such as classes on Gallic language, Irish culture, Irish Dance, and Monday night football with live Irish music on weekends. • Existing lighting conditions have been evaluated by the City's Police Department through a detailed CPTED analysis and have been found to be adequate and sufficient, thus, no on -site lighting improvements are required; Pursuant to the Land Development Regulations, a 24 -hour or late night business is defined as any restaurant, bar, lounge, nightclub, music hall, club, gasoline station, convenience store, convenience business, retail store, grocery store, laundromat or similar use which is or will, at any time during a calendar year, be open for business at any time between the hours of 12 midnight and 5 a.m. In addition, L.DR Section 4.3.3(VV)(2)(a), (Conditional Use) states that any 24 -Hour or late night business located or proposed to be located within a three hundred foot (300') straight line route from any residentially -zoned property shall obtain a conditional use permit from the City for the operation of such use. The distance shall be measured from the nearest point of the property on which the 24- Hour or late night business is or will be located to the nearest point of a residentially -zoned property. The proposed conditional use for the Tim Finnegan's Irish Pub and Restaurant to operate until 2:00 a.m. should not negatively affect the adjacent residentially zoned properties. However, the overall condition of the landscaping at Dumar Plaza is poor. Numerous trees and hedges are missing from landscape islands and the perimeter buffers. Most of the existing plant material that is there is in need of replacement. It is noted that once the landscape material is upgraded and replaced adequate buffers will exist which will serve the purpose of reducing noise and act as a visual barrier. It is noted that the Tim Finnegan's Irish Pub is part of a building structure located in the northwest side of the site adjacent to South Federal Highway. The nearest residentially zoned properties are East View Village Square Condo, Tropic View Condos, and Tropic Isles Town Homes, all of them multiple family residential developments. The residential areas to the north of the site (Tropic Isles Town Homes) and to the east (East View Village Square, and Tropic View Condos) are located 205' and 328' away from the Tim Finnegan's Irish Pub Building respectively. The residential area to the north will be buffered with the existing landscaping area along the parking lot along the north side of the site that will be provided with canopy trees (planted 30' on- center) and upgraded abundant hedging. The residential area to the east will be buffered by the hedge and adequate canopy trees located along the east property line and also by three existing massive buildings that are part of the Dumar Plaza. Therefore, LDR Section 4.3.3(VV)(2)(a) requirements do not appear to be a concern for the Tim Finnegan's Irish Pub and Restaurant to operate until 2:00 a.m. at the proposed location. The Tim Finnegan's Irish Pub and Restaurant. specializes in Irish Cuisine. The owner has relocated the restaurant from its previous location at the Old Harbor Shopping Plaza. The restaurant is a family operated business since 2009 with seven employees and serves lunch and dinner daily. The business currently has valid occupational, business, restaurant and liquor licenses allowing food to alcoholic beverage consumption. The applicant recognizes that no alcoholic beverages shall be sold or consumed on the premises after 2:00 a.m. Staff, however, does recommend that the prohibition of consumption of alcoholic beverages on the premises after 2:00 a.m. be reemphasized as a condition of approval. The existing hours of operation are from 10:00 a.m_ to 12:00 midnight seven days a week. The applicant is requesting to extend open hours until 2:00 a.m, seven days per week. Planning & Zoning Board 4129113 Staff Report Conditional Use Request for the Tim Finnegan's Irish Put} and Restaurant to Operate until 2:00 a.m. Page 3 CONDITIONAL USE ANALYSIS CHAPTER 3 (REQUIRED FINDINGS): (Performance Standards Pursuant to Section 3.1.1 (Required Findings) of the Land Development Regulations (LDR), prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, 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 consistency with the Future Land Use Map (FLUM), Concurrency, Comprehensive Plan Consistency, and Compliance with the LDR. FUTURE LAND USE MAP: The use or structures must be allowed in the zone district and the zoning district must be consistent with the land use designation. The subject property has a Future Land Use Map (FLUM) designation of General Commercial (GC) and a zoning designation of Planned Commercial (PC). The PC zoning district is consistent with the FLUM designation of GC. As previously stated, with the hours extended until 2:00 a.m., the proposed restaurant which is an allowed use in the PC zoning district is defined in the Land Development Regulations as a 24 -hour or late night business. LDR Section 4.3.3(W)(2)(a)(Conditional Use) states that any 24 -Hour or late night business located or proposed to be located within a three hundred foot (300') straight line route from any residentially - zoned property shall obtain a conditional use permit from the City for the operation of such use. Pursuant to LDR Section 4.4.12(H)(2), within the PC zoning district, 24 -Hour or late night businesses must be process as a conditional use, and are subject to the provisions of LDR Section 4.3.3(VV). Based upon the above, positive finding with respect to consistency can be made regarding the FLUM designation of the subject property. CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the. Comprehensive Plan. The development proposal involves an existing 3,770 sq. ft. restaurant located in the northwest corner of the 23,064 sq. ft. Dumar Shopping Plaza building. The conditional use request to allow the extension of operating hours from 12 :00 midnight until 2:00 a.m. seven days per week (two additional hours) will not affect the ability of the site to maintain concurrency. No significant increase in traffic demand, solid waste services or water and sewer will be created by this development proposal, CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required findings in Section 2.4.5(E)(5) for the Conditional Use request shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. A review of the goals, objectives, and policies of the adopted Comprehensive Plan was conducted and the following applicable policy is noted: Housing Element Policy A -11.3 — In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development Planning & Zoning Board 1129113 Staff Report Conditional Use Request for the Tire Finnegan's Irish Pub and Restaurant to Operate until 2:00 a.m. Page 4 will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. The Dumar Shopping Plaza faces South Federal Highway to the west, and to the north and east are the Tropic Isle Town Homes, East View Village Square Condo, and Tropic View Condos, multiple family residential developments, which are the closest residential properties to the Dumar Shopping Plaza. Because of the Tim Finnegan's Irish Pub and Restaurant remote location in the northwest corner of the existing Dumar Shopping Plaza building, disturbance to the multiple family residential developments will be minimal, if any. Since the business will be operated entirely indoors, there will be no odor or noise interferences. However, no outdoor speakers or music will be allowed, and this is attached as a condition of approval_ Since no new construction is proposed, dust and traffic volumes are not a concern. Vehicular circulation patterns are internal to the Dumar Shopping Plaza parking lot, and thus, it will have no effect on the adjacent residential properties. Since adjacent uses within the shopping center will have closed prior to 12 midnight, impacts with on site uses will not be an issue. The Tim Finnegan's Irish Pub and Restaurant's location in a portion of the shopping plaza that faces South Federal Highway, with a large portion of the parking lot receiving clear visibility from South Federal Highway may be a deterrent to criminal behavior_ This is further reaffirmed by an adequate lighting system in place and a recent history that shows no emergency calls or incident reports of criminal activity as reported by the City's Police Department. The Dumar Shopping Plaza is considered to be, by police standards, a safe area along South Federal Highway. Based on the above, the proposed business will not have a negative impact upon the safety and stability of the adjacent residential areas nor will it result in the degradation of the neighborhood. SECTION 2.4.5(E) REQUIRED FINDINGS: (Conditional Use) Pursuant to Section 2.4.5(E)(5) (Findings), in addition to provisions of Chapter 3, the City Commission must make findings that establishing the conditional use will not: A. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; B. Nor that it will hinder development or redevelopment of nearby properties. The following zoning designations and uses border the property: Direction: Zoning: Use: North RM (Residential Medium Density) and PC Tropic Isles Town Homes and a Multiple (Planned Commercial ) Tenant Commercial Building South PC (Planned Commercial) Pier One Imports and Multiple Tenant Commercial Building West AC (Automotive Commercial) and PC Delray Toyota and Delray Toyota and (Planned Commercial) Del -Raton Mobile Home Park East RM (Residential Medium Density) East View Village Square and Tropic View Condos Planning & Zoning Board 1129113 Staff Report Conditional Use Request for the Tim Finnegan's Irish Pub and Restaurant to Operate until 2:00 a.m. Page 5 As previously stated, the nearest residentially zoned properties are Tropic Isles Town Homes, East View Village Square Condo, and Tropic View Condos, multiple family residential developments, which are located 265' and 328' away to they north and east (respectively) of the Tim Finnegan's Irish Pub and Restaurant The proposed late night operation of the business is to be located entirely interior to the Tim Finnegan's Irish Restaurant within the Dumar Plaza shopping center. No exterior changes to the site are proposed. The main entrance of the Irish Restaurant and Pub (which faces the interiorlmain parking area to the west), is separated from the adjacent residential property to the east by 390' and from the residential property to the north by 384'. No security concerns with the extended hours have been raised by the Delray Beach Police Department which notes that there is no history of incidents requiring law enforcement action occurring at the Dumar Shopping Plaza location. Given the site history there will not be detrimental effects upon the stability of the neighborhood. The proposed Tim Finnegan's Irish Restaurant and Pub will not hinder the development or redevelopment of nearby properties, nor will it has a significantly detrimental effect upon the stability of the neighborhood, and thus, positive finding can be made with respect to LDR Section 2.4.5 (E). COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: Crime Prevention Through Environmental Design ( CPTED): Technical Comments The City's Police Department has undertaken a review of the proposed project and has found that from a CPTED perspective, changing operating hours for the restaurant until 2:00 am. seven days per week should not impact crime in any way. There is acceptable lighting and there have been no criminal issues in the area_ Since this is a conditional use request and there are no modifications to the building or parking lot, no further CPTED study is necessary. 24 -Hour or Late Night Businesses: pursuant to LDR Section 4.3.3 (VV) the following applies: (1) Purpose and Intent: The purpose and intent of the regulations of this section are: (a) To promote the health, safety and general welfare of the citizenry; (b) To provide conditions upon the use of 24 -Hour or late night businesses in order to minimize impacts upon residentially -zoned properties from such uses. (2) Requirements: Unless otherwise specified, the following regulations shall apply to 24 -Hour or late night businesses: (a) Conditional Use: Any 24 -Hour or late night business located or proposed to be located within a three hundred foot (300') straight line route from any residentially -zoned property shall obtain a conditional use permit from the City for the operation of such use. The distance shall be measured from the nearest point of the property on which the 24 -Hour or late night business is or will be located to the nearest point of a residentially -zoned property. (b) Conditions: In addition to complying with Section 2.4.5(E) of the Land Development Regulations, all other applicable regulations, and with any conditions imposed through the conditional use process, the following conditions shall apply to all 24 -Hour or late night businesses which meet the requirements of subsection (2)(a): Planning & Zoning Board 1129/13 Staff Report Conditional Use Request for the Tim Finnegan's Irish Pub and Restaurant to Operate until 2:00 a.m. Page 6 Security Plan: A 24 -Hour or late night business shall submit a security plan detailing the manner in which the business intends to address the security of the establishment, its patrons, employees and nearby residents_ A security plan shall include, at a minimum, a detailed description of the following: a. External lighting, and, b. Other external security measures, such as security cameras or other similar measures; and, c. Internal security measures, such as drop safes, silent alarms, security personnel or other similar measures. A security plan has been provided for the Tim Finnegan's Restaurant and Pub which includes the locations of external and internal security measures, as well as an analysis of the existing external lighting. The security plan has been reviewed and approved by the City's Police Department and found to be in compliance with regards to the basic concepts of Crime Prevention Through Environmental Design (OPTED) as expressed in the CPTED comments mentioned below. The Dumar Plaza, on South Federal Highway is a very well maintained and secure location. The parking area is well lighted with pole lighting, on dusk to dawn timers, as well as additional flood lighting and under eave lighting on the buildings. The common areas inside of the complex contain pole and landscape lighting providing a safe level of night time lighting inside the complex. The portion of the building occupied by Tim Finnegan's has flood lighting on all corners of the building operated by the owners. These lights are also on dusk to dawn timers. The applicant has indicated that cash sales comprise less than 80% of the business receipts. Cash received is collected from registers throughout the operating hours and placed in a locked safe in a secure location within the restaurant. Cash deposits are made during the daylight hours on weekdays and are not removed from the building after hours. In the event of a special occasion, such as St. Patrick's Day, security personnel are hired to provide extra safety to customers and employees. 2. Buffering: A 24 -Hour or late night business shall provide adequate buffering to minimize the effects of noise and to act as a visual buffer to the property from nearby residential districts. The proposed conditional use for the Tim Finnegan's Irish Pub and Restaurant to operate until 2:00 a.m. seven days per week should not negatively affect the adjacent residentially zoned properties. The landscape areas of the site are expected to be well maintained by the property owners and to remain trimmed and neat, in order to provide safety for customers and employees and buffering for the neighboring businesses. Adequate buffers will exist once the missing landscape material is replaced and the existing landscape ,material in need of care is upgraded. These buffers will then serve the purpose of reducing noise and acting as a visual barrier. It is noted that the Tim Finnegan's Irish Pub is part of a building structure located in the northwest side of the site adjacent to South Federal Highway. Thus, the residential areas to the north of the site (Tropic Isles Town Homes) and to the east (East View Village Square, and Tropic View Condos) are located 265' and 328' away from the Tim Finnegan's Irish Pub Building respectively. The residential area to the north will be buffered with the existing landscaping area along the parking lot area to the north that contains canopy trees and a hedge. The residential area to the east will be buffered by the existing hedge and canopy trees located along the east property line and also by three existing massive buildings that are part of the Dumar Plaza. Planning & Zoning Board 1129113 Staff Report Conditional Use Request for the Tim Finnegan's Irish Pub and Restaurant to Operate until 2M a.m. Page 7 (c) Findings: In addition to any findings required by Section 2.4.5(E) of the Land Development Regulations, and any other required findings, the following specific findings shall be made in order for any 24 -Hour or late night business to be approved for a conditional use; 1. That the use will be consistent with Housing Element A -11.3 of the Comprehensive Plan of the City of Delray Beach. 2. That the submitted security plan contains measures adequate to reasonably protect the safety of patrons, employees and nearby residents. 3. That the amount and type of proposed buffering is adequate to minimize the effects of noise impacts upon surrounding uses and nearby residential properties and to act as a visual buffer to the property from surrounding uses and nearby residential properties. Based upon the previous analysis discussed in the staff report, the proposed conditional use will be consistent with Housing Element Policy A -11.3, which relates to maintaining stability of the neighborhood. As discussed under "Buffering" and "Security Plan" in this section, and based upon the above analysis regarding these three items, positive findings can be made with respect to LDR Section 4.33(W)(2)(c). LDR Article 4.6 - Supplemental District Regulations: Lighting: Pursuant to LDR 4.6.8 (Lighting), pole mounted site lighting must be provided on -site with a maximum height of 25 feet_ The parking area is well lighted with pole lighting, on dusk to dawn timers, as well as additional flood lighting and under eave lighting on the buildings. The common areas inside of the complex contain pole and landscape lighting providing a safe level of night time lighting inside the shopping plaza. The portion of the building occupied by Tim Finnegan's has flood lighting on all corners of the building operated by the owners. These lights are also on dusk to dawn timers. Existing site lighting locations have been identified on the site plan that has been provided. There are thirteen parking lot luminaries and fifteen flood lighting luminaries control by tenants of the shopping plaza. A total of five out of the fifteen flood lighting luminaires are directly controlled by the Tim Finnegan's Irish Pub and Restaurant. The existing lighting locations provided demonstrate that the existing parking lot complies with the requirement LDR Section 4.6.8(A)(3), Table 2, for commercial establishment. LANDSCAPE: ANALYSIS The landscape areas of the site need to be well maintained and well - trimmed and neat, in order to provide safety for customers and employees. The applicant has indicated that the existing landscape buffer along the south property line will be upgraded. The north and east property line features an existing 3' and 2' high concrete wall respectively and a landscape hedge to buffer the properties along the north and east property line. Landscape Technical Items: The following Landscape Plan technical items remain outstanding, and will need to be addressed. The conditional use request does not propose to make any changes to the landscape plan for Dumar Plaza. However, a site visit was performed on January 17, 2013, by the City's Landscape Senior Planner and the following items were revealed as a result of his visit: Planning &,Zoning Board 1129113 Staff Report Conditional Use Request for the Tim Finnegan's Irish Pub and Restaurant to Operate until 2:00 a.m. Page 8 1. The overall condition of the landscaping at Dumar Plaza is poor. Numerous trees and hedges are missing from landscape islands and the perimeter buffers. Most of the existing plant material that is there is in need of replacement. 2. At a minimum, the North, East and Southwest perimeter landscape buffers shall be improved as follows: All invasive material must be removed and properly disposed. Shade trees that are fourteen feet (14') in height with a six foot (6') spread shall be planted every thirty feet (30') on center. A continuous hedge that is a minimum of two feet (2') in height shall be installed. The hedge must be allowed to grow high enough to provide a sufficient buffer to the neighboring residentially -zoned properties. 3. The existing irrigation shall be repaired to allow for 100% uniform coverage of all plant material_ 4. A Landscape Plan, signed and sealed by a Registered Landscape Architect, depicting the existing and proposed material shall be submitted for a formal review. 5. The proposed development can be found in compliance with applicable requirements of LDR section 4.6.16, once the aforementioned conditions of approval have been addressed. RI=VIEW BY ,OTHERS The subject property is not in a geographical area requiring review by the DDA (Downtown Development Authority) and CRA (Community Redevelopment Agency). Courtesy Notices: • Neighborhood Advisory Council • Delray Citizen's Coalition • Tropic Isle Civic Association • Tropic Harbor • Tropic Bay • Pelican Harbor Special courtesy notices were provided to the following homeowners and civic associations: Public Notice. Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of support or objection will be presented at the Planning and Zoning Board meeting. ASSESSMENT AND CONCLUSION The proposed conditional use for the Tim Finnegan's Irish Pub and Restaurant to operate until 2:00 a.m. should not negatively affect the adjacent residentially zoned properties. The overall condition of the landscaping at Dumar Plaza is poor. Numerous trees and hedges are missing from landscape islands and the perimeter buffers. Most of the existing plant material is in need of replacement. It is noted that once the landscape material is upgraded and replaced adequate buffers will exist which will Planning & Zoning Board 1129113 Staff Report Conditional Use Request for the Tim Finnegan's Irish Pub and Restaurant to Operate until 2:00 a.m. Page 9 serve the purpose of reducing noise and act as a visual barrier. It is noted that the Tim Finnegan's Irish Pub is part of a building structure located in the northwest side of the site adjacent to South Federal Highway. The nearest residentially zoned properties are East View Village Square Condo, Tropic View Condos, and Tropic Isles Town Homes, all of them multiple family residential developments. The residential areas to the `north of the site (Tropic Isles Town Homes) and to the east (East View Village Square, and Tropic View Condos) are located 265' and 328' away from the Tim Finnegan's Irish Pub Building respectively. The residential area to the north will be buffered with the existing landscaping area along the parking lot along the north side of the site that will be provided with canopy trees (planted 30' on- center) and upgraded with hedging. The residential area to the east will be buffered by the upgraded hedge and canopy trees located along the east property line and also by three existing massive buildings that are part of the Dumar Plaza. The parking lot lighting on the site will need to be extended until 3:00 a.m. (1 hour after closing) for the late night patrons of the Tim Finnegan's Irish Pub. The Police Department has indicated that there is acceptable lighting and that there have been no criminal issues in the area. It is noted that there are thirteen existing parking lot luminaries located all- throughout the parking lot and fifteen flood lighting luminaries control by tenants of the shopping plaza. A total of five, out of those fifteen flood lighting luminaires, are directly controlled by the Tim Finnegan's Irish Pub and Restaurant. From a Crime Prevention Through Environmental Design perspective (OPTED), changing operating hours at the restaurant until 2:00 a.m. seven days per week should not impact crime in any way. Based on the above and provided that the conditions of approval are addressed, positive findings can be made with respect to LDR Section 2.4.7(B)(5), to recommend approval to the City Commission of the conditional use request to allow the Tim Finnegan's Irish Pub and Restaurant to operate past the hour of 12:00 a.m. and no later than 2:00 a.m. seven days per week pursuant to LDR Section 4.3.3(VV)(2)(c). ALTERNATIVE' ACTIONS A. Recommend denial to the City Commission of the conditional use request for a 24 -hour or late night business in conjunction with the Tire Finnegan's Irish Pub and Restaurant, based upon failure to make positive findings with respect to Chapter 3 ( Performance Standards), Section 2.4.5(E)(5) (Required Findings), Section 4.3.3(VV)(2)(c) (24 -Hour or Late Night Business Findings), and Section 2.4.7(6)(5) of the Land Development Regulations, and consistency with Housing Element Policy A -11.3 and electing to continue with direction. B. Recommend approval to the City Commission of the conditional use request for a 24 -hour or late night business in conjunction with the Tim Finnegan's Irish Pub and Restaurant, based upon positive findings with respect to Chapter 3 (Performance Standards), Section 2.4.5(E)(5) (Required Findings), and Section 4.3.3(VV)(2)(c) (24 -Hour or Late Night Business Findings) of the Land Development Regulations, and consistency with Housing Element Policy A -11.3, subject to conditions. RECOMMENDATION Recommend approval to the City Commission of the conditional use request for a 24 -hour or late night business in conjunction with the Tim Finnegan's Irish Pub and Restaurant, based upon positive findings with respect to Chapter 3 (Performance Standards), Section 2.4.5(E)(5) (Required Findings), and Section 4.3.3(VV)(2)(c) (24 -Hour or Late Night Business Findings) of the Land Planning & Zoning Board 1129113 Staff Report Conditional Use Request for the Tim Finnegan's Irish Pub and Restaurant to Operate until 2 :00 a.m. Page 10 Development Regulations, and consistency with Housing Element Policy A-11.3, subject to following conditions. 1. That the timing for the existing parking lot lights currently operating until midnight be modified to operate until 3:00 a.m_ (1 hour after closing); 2. That any additional security measures provided by the owner (i.e. security cameras, parking lot security patrol, police patrol, etc.) be operational at a minimum of 11 p.m. - 3 a.m., regardless of the anticipated number of patrons; 3. That consumption of alcoholic beverages on the premises after 2:00 a.m. is prohibited; 4. That no music, no outdoor speakers will be allowed outside the building; 6. The overall condition of the landscaping at Dumar Plaza is poor. Numerous trees and hedges are missing from landscape islands and the perimeter buffers. Most of the existing plant material will need to be replaced. At a minimum, the North., East and Southwest perimeter landscape buffers shall be improved as follows: • All invasive material must be removed and properly disposed. • Shade trees that are fourteen feet (14') in height with a six foot (6) spread shall be planted every thirty feet (30') on center. • A continuous hedge that is a minimum of two feet (2') in height shall be installed. The hedge must be allowed to grow high enough to provide a sufficient buffer to the neighboring residentially -zoned properties. 7. That the existing irrigation system shall be repaired to allow for 100% uniform coverage of all plant material. 8. That a Landscape Plan, signed and sealed by a Registered Landscape Architect, depicting the existing and proposed material shall be submitted for a formal review and approval by the City's Senior Landscape Planner. 9. That the use of the site during the extended operating hours shall be limited to the Tim Finnegan's Irish Pub and Restaurant; and Attachments: • Site Plan • Floor Plan • Security Plan Staff Report Prepared by: Estelio Breto, Senior Planner VICINITY MAP PARKING DATA S 8 IF am sr 45 Rx IM TJW L =aww"AOox rmMorm IM Addrd=W spy -4PA' 4',-- -Fvnnf Note Liu m wo not be Pon"" vitd" or the "dbll� IJpV II VIII II VIII door to building Streetscape PAN 0 M F TIM FINNEGANS at ©umcr Piaza 1444 1 ITT UT :Ahi. 717/IE Project Locatfon Rn=t2i C IF n Aftwhopt- Ar NZ d9a mc �T MT fID PAL K■'NAT Pi n w DCRTNL ® ��:i�Ed 13Y FMK-"N6 • WR LD asa OW TiNom PARK c nor Llam)c r u■mo 3,% :3 7 n ►N FINNEGANS at ❑umor Plaza & r ar T. r r_2• 12/7/12 Existing Lighting It4��%u 2 OF 3 AREA To-i 3,77 Bil ing 2141 Bar 403 I4-Echan/Prvp 957 Restrcons /Hall 217 OFfice Frey 48 TIM FINNEGANIS IRISH PUB SCALE 1/8"=1'0" C[1NC. VIIEVALK ,LT -- OU 1 000"'VVV I . . Oil - , BRA` vocrl .� Wili Willi I� l>�F ,N -ANT fir TIM RNNEGANS of Dul Plaza c nm ' — I I sn iT00K �$ TI I[N � 7 OU 1 000"'VVV I . . Oil - f1 67X F f 1 ReFndgemtor i4 Steam Table _ 2 Refnduerator 15 Ice Machine 3 Sink 16 3 oom03rlmeni sink with drainhcards 4 6 Burner Stove {21 - NEW 17 Mop Sink 5 Frver f2) 16 Ice Machine _ a Prep Table 19 Food Prep Table Err 07 t 7 Work too Refridne rator 20 Refridgerator case .. B Salamander 21 Hood With Supression SOtem .. 1/8'�l'R• 1/x/tS 9 Dish Machinef Glass Washar -Heat 22 pumoster - outside • C'I € - 10. 4 Bumer Stove 23 Grease trap - Outside - i I Qorpl an r 11 Fryer0 24 Cash Resister ., 12 Smoker HW Hand Wash Sink .13 Law Refridper3Yor F Hand Held Fire Extinuuslher I r NOTE' ALL EQUIMENT EXCEPT# 4 I EXISTING- nu eer-r rn. •tlm txtR -iEVL MRl N 1 OF 1 Existing Landscape -- Federal Highway View Existing Landscape — 2' Concrete wail at East Property Line Truxell, Rebecca From: Jeff Thoman <jeff_thcman @att.net> Sent: Sunday, January 27, 2013 10:42 AM To: PZmaii @MyDelrayBeach.com Subject. Tim Finnegan's Irish Pub Conditional Use Request Estelio Breto: l live at 2940 Florida Blvd in the Harbour Club community. I am the president of the Harbour'Club FICA. I also own a condo at Tropic Bay, which is affected by this request as well. I urge you to not approve Tim Finnegan's Conditional Use Request on behalf of myself and the association. I'm happy that Finnegan's is open and seems to be successful. I've been there several times and enjoyed the experience. However, they generate a lot of noise when the music is turned up. Last night was a good example. We had our doors and windows open enjoying the cooler weather. But, we had to close them because of the loud music. It's somewhat of an echo chamber behind the mall and the sound just bounces around. In addition, this is predominately a residential neighborhood. 1 would expect a lot of noise and activity if I lived in downtown Delray, but not here. I think we can live with it up to midnight. But, 2:00 a.m. would be too much. Thank you for your consideration. Jeff Thoman, President Harbour Club Homeowners Association (561) 330 -0553 Jeff thoman att.net Truxell, Rebecca From: thomas meyer <tfineyer @belisouth.net> Sent: Monday, January 28, 2093 11:08 AM To: PZmail @MyDelrayBeach.com Cc: 'Jeff Thoman' Subject: RE: Tim Finnegan's Irish Pub Conditional Use Request Estelio Breto I own a townhome in the Harbour Club. I share the concerns of my Association as explained by our President below and do NOT support this conditional use and urge you not to approve it. I do have several questions regardless; 1. Can you tell me, are there any noise restriction ordinances in effect for this properly; or are nearby property owners left to pursue private disturbance claims against persons and businesses? Could you share with us any such restrictions? If the city approved such a request — could you place specific noise restrictions on this business owner? 2. Also, has the city conducted any research which it could share with us to indicate any potential impact on residential property values from allowing such conditional uses so close to a residential neighborhood? 3. Finally, is the city of Delray Beach planning to increase its police coverage around the area should this conditional use be approved? Thanks very much Thomas Meyer 2926 Harbour Club From: Jeff Thoman Cmailto:jeff thoman@.)att.net] Sent: Sunday, January 27, 2013 10 :42 AM To: pzmail @mydelray_beach.com Subject: Tim Finnegan's Irish Pub Conditional Use Request Estelio Breto: I live at 2940 Florida Blvd in the Harbour Club community. l am the president of the Harbour Club HOA. I also own a condo at Tropic Bay, which is affected by this request as well. I urge you to not approve Tim Finnegan's Conditional Use Request on behalf of myself and the association. I'm happy that Finnegan's is open and seems to be successful. I've been there several times and enjoyed the experience, However, they generate a lot of noise when the music is turned up. Last night was a good example. We had our doors and windows open enjoying the cooler weather. But, we had to close them because of the loud music. It's somewhat of an echo chamber behind the mall and the sound just bounces around. In addition, this is predominately a residential neighborhood. I would expect a lot of noise and activity if I lived in downtown Delray, but not here. I think we can live with it up to midnight. But, 2:00 a.m. would be too much. Thank you for your consideration. Jeff Thoman, President Harbour Club Homeowners Association (561) 330 -0553 From: RICK DEGRAFF <rick_degraff @bellsouth.net> Sent: Sunday, January 27,2b13 6:27 PM To: Jeff Thoman; PZmail @MyDelrayBeach.com Subject: Re: Tim Finnegan's Irish Pub Conditional Use Request I agree with Extelio that 12:00 to 2:00 can only get louder? Rick DeGraff From.: Jeff Thoman <jeff thomanC�att.net> To: p7rnail Mydel.raybeach.com Sent: Sin, January 27, 2013 10 :42:10 AM Subject: Tim Finnegan's Irish Pub Conditional Use Request Estelio Breto: I live at 2940 Florida Blvd in the Harbour Club community. I am the president of the Harbour Club HOA. I also own a condo at Tropic Bay, which is affected by this request as well. I urge you to not approve Tim Finnegan's Conditional Use Request on behalf of myself and the association. I'm happy that Finnegan's is open and seems to be successful. I've been there several times and enjoyed the experience. However, they generate a lot of noise when the music is turned up. Last night was a good example. We had our doors and windows open enjoying the cooler weather. But, we had to close them because of the loud music. It's somewhat of an echo chamber behind the mall and the sound just bounces around. In addition, this is predominately a residential neighborhood. I would expect a lot of noise and activity if I lived in downtown Delray, but not here. 1 think we can live with it up to midnight. But, 2:00 a.m. would be too much. Thank you for your consideration. Jeff Thoman, President Harbour Club Homeowners Association (561) 330 -0553 Jeff thoman att.net I Miller, Diane From: McDonnell, Mark Sent= Tuesday, January 29, 2013 3:53 PM To: Dorling, Paul; Truxell, Rebecca; Miller, Diane Cc: McDonnell, Mark; Breto, Estelio Subject: FW: Tim Finnegans Irish Pub FYI. Also, please print a copy for each PZ memberfortheir place at the dais, and also have a complete compilation of all public input for each project assembled for the project file. Mark McDonnell, AICP Assistant Director, Planning and Zoning Dept. City of Delray Beach 100 NW 1st Avenue Delray Beach, FL 33444 P* 551- 243 -7046 F* 561 - 243 -7221 F* mcdonnellPmydelraybeach.com ---- - Original message ----- From. Debora [mailto:dktofl @gmail.coml Sent: Tuesday, January 29, 2013 3:47 PM To: Morrison, Christina Cc: Breto, Estelio; Lisa; "e� ff thoman @att.net; if mever@ bellsouth.net; McDonnell, Mark Subject: Tim Finnegans Irish Pub Dear Ms. Morrison, 1 am writing on behalf of Lisa Walsh, the owner and operator of Tim Finnegans. Lisa is very anxious to address your concerns as well as those of all the neighbors. She is willing to stipulate as a condition of approval that all live music will end at 12 pm. She will make sure the doors to the pub remain closed at all times when there is live music. In addition, the owners of the plaza have agreed to the landscape conditions of approval and will be replacing missing trees, one 14' tree every 30' and a 24" continuous hedge. This will greatly aid in buffering the neighborhood from the plaza. As indicated in the staff report, the police have reviewed the security plan, are familiar with the business and the plaza and support the conditional use request. Since the original opening in 2009 there have been no incidents requiring a call to the police. Lisa hopes to remain in this location for a very long time and wishes to be a good neighbor. She is willing to discuss other ideas you may have to address your concerns at tonight's meeting. Sincerely, Debora Turner Oster 1 MEMORANDUM TO: Mayor and City Commissioners FROM: CANDI N. JEFFERSON, SENIOR PLANNER PAUL DORLING, AICP, DIRECTOR OF PLANNING AND ZONING THROUGH: DOUGLAS E. SMITH, INTERIM CITY MANAGER DATE: February 14, 2013 SUBJECT: AGENDA ITEM 10.D. - REGULAR COMMISSION MEETING OF FEBRUARY 19, 2013 WAIVER REQUESTS/ SOFA BUILDING #1 ITEM BEFORE COMMISSION The item before the commission is consideration of six (6) waiver requests in association with the Class V Site Plan approval for Sofa Building #1 located on the east side of SE 3rdAvenue, between SE 1st Street and SE 2nd Street. The development proposal includes construction of a four (4) story multi- family residential development containing one hundred seventeen (117) rental units on the upper three (3 levels) and a ground level parking garage containing two hundred one (201) spaces. BACKGROUND In conjunction with approval of the Class V Site Plan for Sofa Building #l, the applicant has requested waivers from the following six (6) sections of the Land Development Regulations (LDRs): • LDR Section 4.4.13(F)(4)(c)(2),to reduce the required upper level building frontage setback requirements at 15' minimum along both SE 1st Street and SE 2nd Street from 79.17' to 57'. • LDR Section 4.6.9(1))(3)(c)(1), to reduce the required stacking distance for the two (2) east alley access driveways from the required 50' to allow only 20'5 ". • LDR Section 6.1.3(B)(1)(f), to reduce the required width of the sidewalk on the Central Business District along SE 3rd Avenue, SE 1st Street and SE 2nd Street from 8' -0" to 5' -0" wide. • LDR Section 4.6.18(13)(14)(iv)(2), to reduce the minimum transparency or glass surface area on the ground floor along SE 1st Street, SE 2nd Street and SE 3rd Avenue from the minimum requirement of 75% to allow only 22% along SE 3rd Avenue and 13.6% along SE 1st Street and SE 2nd Street. • LDR Section 4.6.16(H)(3)(d), to allow a reduction in the required five foot (5') landscape buffer to allow only 3'9" located between the rear property line and the vehicular use area. LDR Section 4.6.18(13)(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. 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. Waiver #1 — Upper Level Frontage and Setback: The applicant is requesting a waiver to LDR Section 4.4.13(F)(4)(c)(2) for SE 1st Street and SE 2nd Street to allow a decrease in the required upper level building frontage setback requirements at 15' minimum. The applicant proposes to provide fifty -seven feet (57')along both SE 1st Street and SE 2nd Street, where 79.17' is required. The applicant has provided the following justification regarding to waiver request: "Buildings in the CBD are required to provide a change in roof design, door and window rhythm and articulation, and changes in materials and textures. The design of the proposed project provides these attributes, but falls just shy of the 70% frontage setback requirement. The applicant believes that the design of the proposed building meets the intent of the code and provides for a visual aesthetic along the upper stories. The volumetric variations along the main facade add interest and movement. Approving this waiver will not detract from the streetscape. " The Central Business District requires all buildings to be placed in close proximity to rights of way in order to encourage pedestrian access and to foster a uniform streetscape. This site's rectangular configuration presents limitations toward meeting the setback requirements along SE 1 st Street and SE 2nd Street. Considering the unusually long configuration of the site, the architect has well- designed a geometrically well - proportioned and aesthetically pleasing 4 -story building. The proposed building facade along SE 3rd Avenue creates a visually attractive streetscape with a sense of an urbanized downtown development which is the intent of the CBD Design Guidelines. Under these circumstances the waiver can be supported. The waiver will not adversely affect neighboring properties or diminish the provision of public facilities. The waiver would also be supported under similar circumstances and therefore will not result in the grant of a special privilege. Thus, positive findings can be made with respect to LDR Section 2.4.7 (B)(5). Waiver #2 - Vehicular Stacking Distance: Pursuant to LDR Section 4.6.9(D)(3)(c)(1), the minimum stacking distance between a right -of -way and the first parking space for a parking area that has 51 or more parking spaces is 50'. The proposed 201 - space parking garage provides two (2) access driveways along the east alley which do not provide the minimum stacking distance between the alley right -of -way and the first parking space of the parking area. The applicant has proposed 20'5" ofstacking off of the adjacent alley, which is 297" lessthan the minimum requirement, the applicant has requested a waiver to this LDR requirement. The applicant has provided the following justification for the waiver request: "The Applicant is proposing to provide approximately twenty (20) feet of stacking. This is an approximate thirty (3 0) foot reduction in the amount of stacking required for a project with 51 or more spaces on any street. However, this is an urban project that proposes access from a rear alley and not a street. Vehicular access to the site will not be subject to the higher speed traffic typically necessitating a fifty (50) foot stacking requirement Also, the nature of the residential use is that residents come and go at differing times and not all at once as is typical for an office use. Granting of this waiver does not negatively affect the surrounding area. Granting of this waiver will not diminish the provision of public facilities or create any unsafe situations. Additionally, the granting of this waiver does not grant any special privilege to the applicant as other projects have received similar waivers in the CBD district. " Pursuant to LDR Section 4.6.9(13)(3)(c)(1), provisions are to be made for stacking such that traffic may not backup into the public street system. The development proposal has provided two ingress /egress points from the rear alley right -of -way, which are the only points of vehicular entry into the four story multi - family residential development. Although the two access driveways do have a lesser stacking distance than the required 50', the residential nature of the development means that there will not be a constant flow of vehicles from the parking spaces along these two driveway points of access. A 50' stacking distance is more appropriate for streets with a higher level of service, unlike an alley, where it is anticipated and expected to be only local residential traffic. Thus, the reduced stacking distance should not result in the creation of an unsafe situation. Further, the waiver request will not adversely affect the neighboring area or diminish the provision of public facilities. Similar waivers have been approved for other projects in the CBD District, including Miraflores multiple family residential development, Atlantic Shores multiple family residential development, Saxena White office building, The Mark Mixed Use building, and West 5th Condos multiple family residential development. Since this waiver has been supported under similar circumstances, it will not result in the granting of a special privilege. Based on the above positive finding can be made with respect to LDR Section 2.4.7(B)(5). Waiver #3 — 8' Minimum Sidewalk Width: Pursuant to LDR Section 6.1.3(B), an 8' sidewalk shall be provided in the Central Business District. The applicant is requesting a waiver to allow for a reduction from the required 8' -0" wide sidewalk to a 5' -0" wide sidewalk along SE 3rd Avenue, SE 1 st Street and SE 2nd Street. The applicant has provided the following justification for the waiver request: "The Applicant is requesting a reduction in the minimum sidewalk width from eight (8) feet to five (5) feet. A five foot sidewalk along S.E. 3rd Avenue, S.E. 1st Street and S.E. 2nd Street are proposed adjacent to the site. Granting approval of this waiver request will not adversely affect the neighboring area as it is an existing condition; it does not diminish public facilities nor create an unsafe situation, and lastly granting of this waiver does not result in the grant of a special privilege as this reduction to five (5) has been previously granted for other developments in the CBD area. This waiver request is in keeping with the prior approvals and existing conditions. " The Central Business District design guidelines require that all buildings be placed in close proximity to the right -of -way to encourage pedestrian flows and access; and to foster a uniform streetscape with ample sidewalks for pedestrian traffic. Due to the proximity to main thoroughfares in the CBD (Central Business District) such as Atlantic Avenue, Pineapple Grove Way and the Federal Highway pairs, spillover pedestrians as well as new residents will require the wider sidewalks along SE 3rd Avenue, SE I st Street and SE 2nd Street. The development intensity of the area and anticipated volume of pedestrian traffic are expected to continually increase.The applicant is proposing to install a 5' wide concrete sidewalk along all three (3) rights -of -way. The requested waiver should not be supported because there is a growing demand for bicycle and pedestrian traffic in the area. Accordingly, granting the requested waiver will have an adverse effect on the neighboring area, diminish the provision of public facilities, and potentially create an unsafe situation. This waiver would not be supported under similar circumstances, and therefore will result in the granting of a special privilege. Consequently, a positive finding with respect to LDR Section 2.4.7(B)(5) can not be made. It is noted that revised plans have been submitted showing a six foot (6') sidewalk along SE 3rd Avenue, so the requested waiver should be modified to reflect a reduction to six feet (6') versus five feet (5') along SE 3rd Avenue. Staff supports the sidewalk width reduction to six feet (6') along SE 3rd Avenue, however, the reduction to five feet (5') for SE 1st Street and SE 2nd Street is unsupportable. Waiver #4 — 75% Ground Level Glass Surface Area: Pursuant to LDR Section 4.6.18 (B)(14)(iv)(2), the minimum transparency or glass surface area on the ground floor of all non - residential buildings shall be a minimum of 75 %. The proposed ground floor parking garage east elevation for the SOFA Delray Building #1 does not meet this LDR requirement. Thus, the applicant has requested a waiver to reduce the minimum transparency or glass surface along SE 3rd Avenue, SE 1 st Street and SE 2nd Street. In support of the waiver the applicant has provided the following statement: "The Applicant is proposing a residential parking garage on the ground floor with a lobby area for residents fronting S.E. 3rd Avenue. Although the lobby area and leasing office will feature windows, the requirements for glazing transparency and minimum light transmission reductions is customarily associated with commercial and retail uses and not residential, and its associated, uses where a greater degree of privacy is desired. The applicant is proposed 22% glazing on SE 3'd Avenue and 13.6% glazing on SE I st Street and SE 2nd Street, which is appropriate for the proposed residential project. The granting of this waiver does not adversely affect the neighboring area, nor does it diminish the provision of public facilities or create an unsafe situation. Granting of this waiver does not result in any special privilege to the applicant denied other property owners with similar circumstances as any other residential development in the CBD district, in the same situation would have the same issue and, upon providing satisfactory justification to the criteria would be granted the waiver. " A 75% minimum transparency or glass surface area is required along SE 3rd Avenue, SE 1st Street and SE 2nd Street.The function and use of the ground floor level of the building includes a typical parking garage which is an accessory use associated with the proposed residential development. The percentage of surface transparency area proposed is consistent with the use and the design of the proposed residential building. The requirements for glazing transparency and minimum light transmission reductions are customarily associated with commercial and retail uses and not residential uses.Since themain purpose of the LDR requirement is to maintain a pedestrian friendly streetscape with a retail /office environment which is not consistent with the residential use and ground floor parking garage in question. Prior approval for similar waiver requests have been granted for Chase Bank located at 1010 North Federal Highway, and Boueri Mixed Use development located on SE 1 st Street. Granting the requested waiver will not have an adverse effect on the neighboring area, diminish the provision of public facilities, or create an unsafe situation. This waiver has been supported under similar circumstances, and therefore will not result in the grant of a special privilege. Consequently, a positive fording with respect to LDR Section 2.4.7(B)(5) can be made. Waiver #5 — Minimum 5' Landscape Buffer: Pursuant to LDR Section 4.6.16 (H)(3)(d), a landscape buffer shall be located between the common lot line and the off - street parking area or other vehicular use area in a planting strip of not less than five foot (5') in width. Thus, a waiver has been requested to reduce the landscape buffer from five feet (5') to 3'9" along the east property line adjacent to the alley. The applicant has provided the following justification statement regarding the waiver request: "The rear of the project abuts a 16 foot wide dedicated alley. The applicant will be dedicating an additional 2 feet to the City for the alley. On the east side of the alley exists a large two -story ATT building with an antenna on the roof. Due to its industrial /service use, this building has limited openings facing the alley. Although the adjacent building is not heavily staffed where employees would view the rear of the proposed building, recognizing that the alley is public, the applicant has provided an articulated facade along the street. In some sections, the landscape area is 10 feet wide. In other sections, it is reduced to 3' -9" is width. Approving this waiver allows for the building facade to be articulated and for a complementary landscape program to be provided that adds visual interest to the alley. If the applicant was required to provide a continuous minimum 5 feet wide buffer the entire length, the aesthetic would be much less attractive. " A waiver to this requirement is supportable. The site meets the minimum required open space (10 %) for the CBD area. Additional landscaping is not required. Similarly, there is less need for the aesthetic appeal (i.e. foundation landscaping) along the east alley as opposed to the desired streetscape along SE 3rd Avenue, SE 1St Street and SE 2ndStreet. Further, the landscape material (hedging) proposed within the 3'9" will be similar to what would be provided in five feet (5'). Therefore, reduction of the five foot (5') buffer down to 3'9" will not to 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. Consequently, positive findings can be made with respect to LDR Section 2.4.7(B)(5). Waiver #6 — Minimum 50% Retail/Office Use For Garage Portion Of Building_ Pursuant to LDR Section 4.6.18(B)(14)(vi)(4)(b), a minimum 50% of the ground floor perimeter of the garage or the garage portion of the building adjacent to street rights -of -way shall be devoted to window displays or floor area for active uses such as retail stores, personal and business service establishments, entertainment, offices, etc. This number may be reduced by the Site Plan Review and Appearance Board. Thus, a waiver has been requested to reduce this requirement from a minimum of fifty percent (50 %) to zero percent (0 %). The applicant has provided the following justification statement regarding the waiver request: "The applicant believes these reductions are justified due to the purely residential nature of the project. The development program for the project proposes a parking garage and lobby area with elevators on the ground floor of the building. The applicant has provided for some window display area where artwork, similar to that seen at Ocean City Lofts, is proposed to be displayed for public view. Additionally, the lobby area located on S.E. 3rd Avenue, leading to the upper residential floors, is proposed with glass fronts. The applicant has balanced the display window areas along the frontage with openings in the garage for ventilation. This scenario has been previously approved on similar projects such as Ocean City Lofts and Meridian. " Under this code section, 50% of the perimeter of the garage on SE 3rd Avenue, SE 1 st Street and SE 2nd Street must comply with this requirement. The ground floor and lobby area will feature a large impact resistant front -door system, and all of the building frontages will feature decorative art windows, natural air ventilation and illumination openings on the parking garage level. The requirement foractive uses such as retail stores, personal and business service establishments, entertainment, offices, etc. does not meet the desired intent of the 117 -unit multi - family residential development. Current uses along the subject rights -of -way primarily include professional and business offices. Due to the distance from Atlantic Avenue, the general public is not likely to transverse as far south as Sofa Building #1 for retail shopping or entertainment opportunities. Granting the requested waiver will not have an adverse effect on the neighboring area, diminish the provision of public facilities, or create an unsafe situation. This waiver would also be supported under similar circumstances, and therefore will not result in the grant of a special privilege. Consequently, a positive finding with respect to LDR Section 2.4.7(B)(5) can be made. REVIEW BY OTHERS On December 19, 2012, the Site Plan Review and Appearance Board (SPRAB) made a recommendation of approval to the City Commission on all six (6) waivers by a vote of 6 to 0. On December 6, 2012, the Development Services Management Group (DSMG) considered the sidewalk requirements along SE 3rd Avenue, SE 1St Street and SE 2nd Street. After careful consideration, the DSMG rendered a recommendation of denial to the City Commission to allow only five (5') sidewalks along SE 3rd Avenue, SE 1 st Street and SE 2nd Street. On December 20, 2012, the Development Services Management Group (DSMG) reconsidered the sidewalk requirements for the site and made a recommendation to the City Commission that a six foot (6') sidewalk be constructed along SE 3rd Avenue and a six inch (6 ") wide sidewalk easement be obtained along SE 3rd Avenue in order to accommodate additional right -of -way dedication requirements. No changes in the DSMG recommendation for the eight foot (8') sidewalk widths along SE 1St Street or SE 2nd Street were made. RECOMMENDATION By Separate Motions Waiver #1: Move to approve 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', based on positive findingswith respect to LDR Section 2.4.7(B)(5). Waiver #2: Move to approve a waiver to LDR Section 4.6.9 (13)(3)(c)(1), to reduce the required stacking distance for the two (2) east alley access driveways from the required 50' to allow only 20'5 ", based on positive findings with respect to LDR Section 2.4.7(B)(5). W!/Ivar #Z• Move to deny a waiver to LDR Section 6.1.3 (B)(1)(f), to reduce the required width of the sidewalk on the Central Business District along SE 3rd Avenue, SE 1St Street and SE 2nd Street from 8' -0" to 5' -0" wide, based upon a failure to make positive findings with respect to LDR Section 2.4.7(B)(5). On SE 3�� Avenue, it is noted that stag' will support a two (2) reduction in the required sidewalk width to allow a size foot (6) concrete sidewalk. This has been reflected on revised plans pending site plan certi acation. Waiver #4: Move to approve a waiver to LDR Section 4.6.18 (B)(14)(iv)(2), to reduce the minimum transparency or glass surface area on the ground floor along SE 1 st Street, SE 2nd Street and SE 3rd Avenue from the minimum requirement of 75% to allow only 22% along SE 3rd Avenue and 13.6% along SE 1st Street and SE 2nd Street, based on positive findings with respect to LDR Section 2.4.7(B)(5). Waiver #5: Move to approve 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 3'9" located between the rear property line and the vehicular use area, based on positive findings with respect to LDR Section 2.4.7(B)(5). Waiver #h: Move to approve 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. based on positive findingswith respect to LDR Section 2.4.7(B)(5). IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUESTS IN ASSOCIATION WITH THE CLASS V SITE PLAN APPROVAL FOR SOFA BUILDING #1 1. These waiver requests in association with the Class V site plan approval for SOFA Building #1 came before the City Commission on February 19, 2013. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver requests in association with the Class V site plan approval for SOFA Building #1. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. WAIVER: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. A. Waiver #1 — Upper Level Frontage and Setback: Pursuant to LDR Section 4.4.13(F)(4)(c)(2), the required building frontage setback at 15' minimum is 70% of the building frontage. The waiver request is to reduce the building frontage setback to allow only 50.39% of the frontage setback at 15'. Does the waiver request meet all the requirements of 2.4.7(B)(5)? Yes No B. Waiver #2 — Vehicular Stacking Distance: Pursuant to LDR Section 4.6.9(D)(3)(c)(1), the minimum stacking distance between a right -of -way and the first parking space for a parking area that has 51 or more parking spaces is 50'. The proposed 201 -space parking garage provides two (2) access driveways along the eat alley which do not provide the minimum stacking distance between the alley right -of -way and the first parking space of the parking area. The applicant has requested a waiver to this LDR requirement to reduce the stacking distance to 20'5 ". Does the waiver request meet all the requirements of 2.4.7(B)(5)? Yes No C. Waiver #3 — 8' Minimum Sidewalk Width: Pursuant to LDR Section 6.1.3(B), an 8' sidewalk shall be provided in the Central Business District. The applicant is requesting a waiver to allow for a reduction from the required 8' -0" wide sidewalk to a 6' wide sidewalk along SE 3rd Avenue, 5' wide sidewalk along SE 1 st Street and 5' wide sidewalk along SE 2nd Street. Does the waiver request meet all the requirements of 2.4.7(B)(5)? Yes No D. Waiver #4 — 75% Ground Level Glass Surface Area: Pursuant to LDR Section 4.6.18(B)(14)(iv)(2), the minimum transparency or glass surface area on the ground floor of al non - residential buildings shall be a minimum of 75 %. The proposed ground floor parking garage east elevation for the SOFA Delray Building #1 does not meet this LDR requirement. Thus, the applicant has requested a waiver to reduce the minimum transparency or glass surface along SE 3rd Avenue to 22% and 13.6% along SE 1St Street and SE 2nd Street. Does the waiver request meet all the requirements of 2.4.7(B)(5)? Yes No E. Waiver #5 — Minimum 5' Landscape Buffer: Pursuant to LDR Section 4.6.16(H)(3)(d), a landscape buffer shall be located between the common lot line and the off - street parking area or other vehicular use area in a planting strip of not less than five foot (5') in width. Thus, a waiver has been requested to reduce the landscape buffer from five feet (5') to 3'9" along the east property line adjacent to the alley. Does the waiver request meet all the requirements of 2.4.7(B)(5)? Yes No F. Waiver #6 — Minimum 50% Retail /Office Use for Garage Portion of Building: 2 Pursuant to LDR Section 4.6.18(B)(14)(iv)(4)(b), a minimum 50% of the ground floor perimeter of the garage or the garage portion of the building adjacent to street rights -of -way shall be devoted to window displays or floor area for active uses such as retail stores, personal and business service establishments, entertainment, offices, etc. This number may be reduced by the Site Plan Review and Appearance Board. Thus, a waiver has been requested to reduce this requirement from a minimum of fifty percent (50 %) to zero percent (0 %). Does the waiver request meet all the requirements of 2.4.7(8)(5)? Yes No 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves denies the waiver request to LDRs. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 19th day of February, 2013, by a vote of in favor and opposed. ATTEST: Chevelle Nubin, City Clerk 3 Thomas F. Carney, Jr., Mayor SITE PLAN REVIEW AND APPEARANCE BOAR CITY OF DELRAY BEACH --- STAFF REPORT- MEETING DATE: December 19, 2012 ITEM: Class V Site Plan development proposal to allow construction of a 117 -unit multi- family residential development on a 1.88 acre site with a density in excess of 30 Units Per Acre (62 du/ac Proposed) within the Central Business District (CBD), for Sofa Building #1. GENERAL DATA: Agent .. ............................... Henry Handler, Weiss, Handler & Cornwell P.A. Applicant .............. _ _ .......... Related Development LLC Owner (s) .......................... 2204 S Christopher Columbus Blvd LP; 155 & 189 SE 3rd Ave LLC Location ............................ On the east side of SE 3`d Avenue, between SE 15t Street and SE 2nd Street Property Size .......................... 1.88 Acres Current FLUM ................... Central Core (CC) Current Zoning .................... Central Business District (CBD) Adjacent Zoning.......... North: Central Business District (CBD) South: Multiple Family Residential (RM) East: Central Business District (CBD) West: Central Business District (CBD) Existing Land Use ................... Commercial & Office Uses (to be demolished) Proposed Land Use..__. ...... Multi - family Residential Water Service ......................... Existing on site via an existing six inch (6") water main within S.E. 3 d Avenue right -of -way. Sewer Service ........................ Existing on site via an existing eight inch (8 ") sanitary sewer main within SE 3rd Avenue or 16' east alley right -of -way. u•E 1sT ST. -Q i r - z t6 F f W A T L A N T IC A V E N U E r }F LLU i 3 S.E. 15T 5T. '9; 777-4 Ld ` S, E. ST. E' �I n1l � ' i ' �, ,1t�E� BEI��Fi�E THE BOARl7 r. The item before the Board is the approval of the following aspects of a Class V site plan request for SOFA Building #1, pursuant to Land Development Regulations (LDR) Section 2.4.5(F): ❑ Site Plan; ❑ Landscape Plan; ❑ Architectural Elevations; and ❑ Waiver Requests. (ice" n The development proposal comprises a 1.88 acre site which combines four (4) separate parcels located on the east side of SE 3d Avenue, between SE 1St Street and SE 2"d Street and bordered on the west by an existing north -south 16' alley. The northernmost property (3 10 SE 1" Street) is 0.48 acres and contains a 10,528 sq, ft. office building which was constructed in 1950. The property immediately to the south is 0.30 acres and contains an existing parking lot also constructed in 1950 in conjunction with the offices at 310 SE 1St Street. The parking lot parcel is subject to an "Easement, Use, Maintenance and Declaration Agreement" which provides an access easement over the southern parking lot aisle and the use of 5 parking spaces to the property east of the alley (120 SE 4th Avenue). The property to the south of the parking lot (155 SE 3rd Avenue) is 0.42 acres and contains a 5,082 sq. ft. office building constructed in 2000. On February 2, 2000, the Site Plan Review and Appearance Board (SPRAB) approved a Class V Site Plan for "3rd Avenue Offices" for construction of that facility. The southernmost parcel (189 SE 3rd Avenue) is located at the northeast corner of SE 3,d Avenue and SE 2nd Street. The 0.68 acre site contains a 9,225 sq. ft. office building which was constructed in 1974. At its meeting of November 19, 2012, the Planning and Zoning Board held a public hearing in conjunction with a conditional use request associated with a 117 -unit residential development known as SOFA Building #1. The conditional use associated with the development proposal was to allow a density in excess of 30 dwelling units per acre (62.2 du /ac). Similarly, a waiver request to allow a one - bedroom unit mix greater than the maximum 30% allowance (56.41% proposed) was considered. The Board moved a recommendation of approval for the conditional use request, subject to conditions. The Board also recommended approval of the 56.41 % one - bedroom unit mix. At its meeting of December 11, 2012, the City Commission approved the conditional use request for an increased density (62.2 du/ac), subject to the conditions attached herein as Appendix "B ". The City Commission also approved the 56.41 % one - bedroom unit mix waiver. The associated Class V site plan for SOFA Building #1 is now before the Board for action. PR0 JI =C7 DESCRIPTION The development proposal incorporates the following: ❑ Construction of a one hundred seventeen (117) unit, four (4) story multi- family residential building with a two hundred one (201) space parking garage on the ground level. ❑ Installation of associated on -site landscaping and landscape nodes in the adjacent rights -of -way. Site Plan Review and Appearance Board Staff Report: Meeting of 12/19/12 SOFA Building #1 - Class V Site Plan, Landscape Plan and Architectural Elevations Page 2 Based on the review of the preliminary site plan submitted, the development proposal also includes the following six (6) waiver requests: 1. A waiver to LDR Section 4.4.13(F)(4)(c)(2) which requires that from a height of twenty -five feet (25') to forty -eight feet (48'), the required building frontage has to be setback at a fifteen foot (15') minimum for seventy percent (70 %) of the lot frontage which is equivalent to 79.17' along both SE 1St Street and SE 2nd Street. The applicant has proposed to provide fifty -seven feet (57') along both SE I" Street and SE 2nd Street which is 22.17' less than the minimum requirement, thus a waiver is requested. 2. A waiver to LDR Section 4.6.9(D)(3)(c)(1) which requires that the minimum stacking distance between the adjacent street right -of -way and the first parking space in a parking lot with more than fifty -one (51) parking spaces be fifty feet (50'). The applicant has proposed 20'5" of stacking off of the adjacent alley, which is 297' less than the minimum requirement, thus a waiver is requested. 3. A waiver to LDR Section 6.1.3(B)(1)(f) which requires that sidewalks within the Central Business District be provided at a minimum of eight feet (8) wide. The applicant has proposed a five foot (5') sidewalk along SE 3rd Avenue, SE 1st Street and SE 2nd Street, which is three feet (3) less than the minimum requirement, thus a waiver is requested. 4. A waiver to LDR Section 4.6.18(B)(14)(iv)(2) which requires that the minimum transparency or glass surface area on the ground floor shall be a minimum of seventy -five percent (75 %). The applicant has proposed 22% transparency along SE 3rd Avenue, 13.6% transparency along SE 1St Street and 13.6% transparency along SE 2nd Street which are less than the minimum requirement, thus a waiver is requested. 5. A waiver to LDR Section 4.6.16(H)(3)(d) which requires a minimum five foot (5') landscape buffer separating a parcel boundary line and a vehicular use area. The applicant proposes to provide a 3'9" landscape buffer at the rear of the property adjacent to the alley, which is VY less than the minimum requirement, thus a waiver is requested. 6. A waiver to LDR Section 4.6.18(B)(14)(vi)(4)(b) which requires fifty percent (50 %) of the garage portion of the building on the ground level to be dedicated to use for retail, office, entertainment or other non - residential uses. The applicant is proposing zero percent (0 %) of the ground level to be dedicated for retail, office, entertainment or other non - residential uses, thus a waiver is requested. The aforementioned six (6) waivers, which are site plan related, will be reviewed by SPRAB and its recommendation will then be forwarded to the City Commission for final action. The City Commission will consider the aforementioned waivers for approval at their upcoming meeting on January 3, 2012. S1TE 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, Site Plan Review and Appearance Board Staff Report: Meeting of 12/19/12 SOFA Building #1 - Class V Site Plan, Landscape Plan and Architectural Elevations Page 3 Parking-Requirements: Off - Street Parking. Pursuant to LDR Section 4.4.13(G)(1)(f), the parking requirements for residential units in multi- family structures located within the CBD are to be provided as follows: Type of Unit Total No. of Units Spaces per Unit Spaces Parking Required Parking Spaces Provided Efficiency 1 room 13 1.0 13.0 13 1 bedroom 53 1.25 66.2 66 2 or more bedrooms 51 1.75 89.2 89 Guest parking For the first 20 units First 20 units 0.5 10 10 For units 21 -50 Units 21 to 50 0.3 9 9 For units 51 and above Units 51 & over 0.2 13.4 14 Total 200.8 201 As shown in the above table, two hundred one (201) parking spaces are required for the proposed 117 unit development and 201 spaces have been provided within the parking garage. Although the parking requirement has been met, it should also be noted that the existing development on the property is subject to an "Easement, Use, Maintenance and Declaration Agreement" which provides an access easement over the southern parking lot aisle on one of the parcels and the use of 5 specified parking spaces to the property east of the alley (120 SE 4t" Avenue). Since the easement involves parking that will be eliminated with redevelopment of the property, the Agreement must be dissolved or modified in such a way that will not prevent the Sofa Building #1 development from independently meeting the 201 parking spaces required for the residential use. Since the new development will only provide 201 spaces, this means that 5 spaces for the office development cannot be reserved for that use. However, since the two uses have different peak hours of demand, the parking can be shared. Under the shared parking provisions of the City's parking regulations, as shown on the table below, no additional parking spaces are required to support the obligation of 5 spaces for the adjacent office development, If a revised agreement between the two parities is not possible, the property at 120 SE 4" Avenue will be subject to no less than five (5) in -lieu parking spaces to maintain operation under its current Class III Site Plan Modification SPRAB approval for Rodriquez & Bagwan Commercial Properties (Delray Center for Wellness) on September 10, 2007 via P &Z Pile Number 2007. 303- SPM- SPR -CL3. This is attached as a condition of site plan approval. Site Plan Review and Appearance Board Staff Report: Meeting of 12/19/12 SOFA Building #1 - Class V Site Plan, Landscape Plan and Architectural Elevations Page 4 On- Street Parking: Nineteen (19) parallel on- street parking spaces currently exist along SE Td Avenue. Three (3) of these spaces will be removed with landscaping and streetscape improvements along SE 3rd Avenue for the Sofa Building #1 development. This will leave sixteen (16) parallel on- street parking spaces available along SE 3rd Avenue. There are also three (3) existing on- street parallel parking spaces along SE 15t Street which will remain available to the residents and the general public. Three (3) parallel on- street parking spaces will be constructed along SE 2 d Street with the proposed development. A total of twenty -two (22) on- street parallel parking spaces will be located within the adjacent rights -of -way. Although available to the general public, these spaces will help meet the short -term parking requirements of residents and guests of the project. Since these spaces do not meet the requirements of LDR Section 4.6.9(E)(2), no credit is allowed toward meeting the parking requirements of the proposed development. Compact Parking: Pursuant to LDR Section 4.6.9(C)(1)(g), up to 30% of the required parking for any use may be designated for compact cars. The development proposal includes sixty (60) compact parking spaces located within the proposed ground floor parking garage. This represents 29.8% of the total spaces, thus meeting the requirement. Handicapped Accessible Parking: Pursuant to LDR Section 4.6.9(C)(1)(b), special parking spaces designed for use by the handicapped shall be provided pursuant to the provisions of Florida Accessibility Code for Building Construction. Accessibility for residential structures is also covered by the Federal Fair Housing Act. Under the provisions of these codes, accessible parking must be provided at a rate of 2% of the spaces required for the residents. This equates to a requirement of four (4) accessible parking spaces (168 x 2 %). The requirement for non - resident guest spaces is addressed in the Florida Accessibility Code for Building Construction. Under this code, the thirty -three (33) guest spaces will require two (2) additional accessible parking spaces, for a total of six (6) spaces required for the proposed development. Since six (6) handicap accessible parking spaces have been provided, this LDR requirement has been met. Additionally, the Florida Accessibility Code for Building Construction requires the height clearance of the handicap parking areas to be nine and one -half feet (9.5) high to allow the access of handicap vans. A note to this effect shall be placed on the site plan. This has been added as a condition of approval. Lighting: A photometric plan consistent with the requirements of LDR Section 4.6.8 and light pole /fixture details is required as a part of site plan approval. The photometric plan has been reviewed for compliance with the LDRs. The maximum foot candle level provided within the parking garage is 13.9, whereas a maximum foot candle level of 10.0 is allowed. However, it is noted that the increased illumination is located at the southernmost driveway entrance off of the alley. Lighting at entrance areas is allowed to be increased by as much as 500 foot candles, so 13.9 is deemed acceptable. The minimum foot candle level provided within the parking garage level is 1.4, whereas a minimum foot candle allowance of 1.0 is required. Thus, this standard is met. Bicycle Parking: LDR Section 4.6.9(C)(1)(c) and Transportation Element Policy D -2.2 of the Comprehensive Plan require that a bicycle parking facility be provided. The subject property is located within the City's Transportation Concurrency Exception Area (TCEA). Bicycle racks have been provided in Site Plan Review and Appearance Board Staff Report: Meeting of 12/19112 SOFA Building #1 - Glass V Site Plan, Landscape Plan and Architectural Elevations Page 5 the garage near the lobby's at the north and south end of the project. However, this does not completely address the intent of Policy D -2.2, which, as expressed in Goal Area D, is to provide a mechanism to encourage alternative options to automobile travel. Bicycle racks provide limited security which is better suited to short term bicycle parking. While this is appropriate for visitors and short term stops by the residents, it is not appropriate for longer term storage. For the use of bicycles to be encouraged, residents must feel that their bicycles are secure. Since adequate storage is not provided in the residential units themselves, it is recommended that a secure storage area, such as bike lockers, be provided for this purpose. This is attached as a condition of approval. Bus Shelter: Palm Tran Route 81 (East Atlantic Avenue) serves the site along SE 18t Street. Pursuant to Transportation Element A -1.3 of the Comprehensive Plan, the applicant shall provide a bus shelter contribution of approximately one - half the cost of a bus shelter for the site prior to site plan certification. Thus, this is attached as a condition of approval. Minimum Residential Floor Area: The following table indicates that the proposal complies with LDR Section 4.3.4(K) - Minimum residential floor area. There are 13 efficiency dwelling units that range in size from 500 square feet to 615 square feet; 53 one - bedroom dwelling units that range in size from 750 to 800 square feet; and 51 two - bedroom dwelling units that range in size from 1,100 square feet to 1,215 square feet. Based upon the above, this LDR requirement has been met. Sight Visibility Triangles: Pursuant to LDR Section 4.6.14(8)(1), when an access way. intersects a public right -of -way, triangular areas shall provide unobstructed cross - visibility. The area on both sides of a driveway formed by the intersection of a driveway and an alley with a length of ten (10) feet along the driveway, a length of ten (10) feet along the alley right -of -way and the third side being a line connecting the ends of the other two lines. Visibility triangles for the two access driveway points along the west have been depicted to comply with this LDR requirement, Pursuant to LDR Section 4.6,14(B)(2), the visibility triangle shall be the area formed by the intersection of an alley and a street with a length of ten (10) feet along the alley right -of -way, a length of twenty (20) feet along.the street right -of -way, and the third side being a line connecting the ends of the other two lines. Visibility triangles at the two ends of the alley have been depicted to comply with this LDR requirement. Pursuant to LDR Section 4.6.14(6)(3), within the Central Business District (CBD), the visibility triangle shall be the area formed by the intersection of two or more street rights -of -way with two sides of the triangular area being twenty (20) feet in length along each street, measured from Standard Sqt� ?rou3de�l �q `Ft Ta #a1 Units Compliance with CDR equirerrte�its� DwellingtSize 7 ;,_ � Y N Efficiency 400 500 -615 13 1 Bedroom Units 600 750 -800 53 2 Bedroom Units 900 1,100 -1,215 51 3 Bedroom Units 1,250 N/A 0 NIA 4 Bedroom Units 1,500 NIA 0 N/A Sight Visibility Triangles: Pursuant to LDR Section 4.6.14(8)(1), when an access way. intersects a public right -of -way, triangular areas shall provide unobstructed cross - visibility. The area on both sides of a driveway formed by the intersection of a driveway and an alley with a length of ten (10) feet along the driveway, a length of ten (10) feet along the alley right -of -way and the third side being a line connecting the ends of the other two lines. Visibility triangles for the two access driveway points along the west have been depicted to comply with this LDR requirement, Pursuant to LDR Section 4.6,14(B)(2), the visibility triangle shall be the area formed by the intersection of an alley and a street with a length of ten (10) feet along the alley right -of -way, a length of twenty (20) feet along.the street right -of -way, and the third side being a line connecting the ends of the other two lines. Visibility triangles at the two ends of the alley have been depicted to comply with this LDR requirement. Pursuant to LDR Section 4.6.14(6)(3), within the Central Business District (CBD), the visibility triangle shall be the area formed by the intersection of two or more street rights -of -way with two sides of the triangular area being twenty (20) feet in length along each street, measured from Site Plan Review and Appearance Board Staff Report: Meeting of 12/19/12 SOFA Building #1 - Class V Site Plan, Landscape Plan and Architectural Elevations Page 6 their point of intersection, and the third side being a line connecting the ends of the other two lines. Visibility triangles at both street intersections have been depicted to comply with this LDR requirement. Right -of -Way Dedications: SE 3rd Avenue: Pursuant to LDR Section 5.3.1 and Table T -1 of the Transportation Element of the City's Comprehensive Plan, the ultimate right -of -way width for S.E. 3rd Avenue is 60' and only 50' of right -of -way currently exists. The applicant has chosen to voluntarily provide an additional five feet (5') of right -of -way along the east side of SE 3d Avenue. The proposed site plan, landscape plan and civil plans currently depict the five foot (6) right -of -way dedication. Thus, this LDR requirement has been met. SE 1St Street: Pursuant to Table T -1 of the Transportation Element of the City's Comprehensive Plan, the ultimate right -of -way width for S.E. 1St Street is 55' and only 50' of right-of-way currently exists. On December 6, 2012, the DSMG (Development Services Management Group) rendered a recommendation to the City Commission that an additional 25 of right -of -way shall be dedicated along the south side of the road adjacent to the north parcel line. The applicant has not indicated the 2.5' right- of-way dedication on the proposed plans. This is attached as a condition of site plan approval. All setback adjustments shall be made accordingly. 16' Alley: Pursuant to LDR Section 5.3.1(D)(2), the required width of an alley is 20'. Further, pursuant to LDR Section 5.3.1(D)(3), additional right -of -way width may be required to promote public safety and welfare; to provide for storm water management; to provide adequate area for street trees; and to ensure adequate access, circulation and parking in high intensity use areas. The applicant has chosen to voluntarily provide an additional two feet (2') of right -of -way along the east alley. The proposed site plan, landscape plan and civil plans currently depict the two foot (2') right -of -way dedication. Thus, this LDR requirement has been met. Sidewalks: Pursuant to LDR Section 6.1.3(B)(1)(f), a minimum eight foot (8') sidewalk is required for Central Business District (CBD) areas. The following paragraphs indicate the existing and proposed sidewalk widths: SE 3rd Avenue: Along SE 3rd Avenue, a five foot (5) sidewalk currently exists, whereas an eight foot (8') sidewalk is required. The applicant has requested a waiver to the minimum eight foot (8') sidewalk width. However, on December 6, 2012, the DSMG (Development Services Management Group) rendered a recommendation to the City Commission that an eight foot (8') sidewalk be constructed along SE 3rd Avenue. An analysis of the requested waiver is provided in the "Waiver Analysis" section of this report. SE 1St Street: Along SE 1st Street, a covered eight foot (8') sidewalk currently exists on the subject property. The applicant intends to demolish the existing sidewalk and construct a five foot (5') sidewalk along SE 1St Street and has requested a waiver to the minimum eight foot (8') sidewalk width. Further, on December 6, 2012, the DSMG (Development Services Management Group) rendered a recommendation to the City Commission that an eight foot (8') sidewalk be constructed along SE 1St Street. An analysis of the requested waiver is provided in the "Waiver Analysis" section of this report. SE 2nd Street: Along SE 2nd Street, a five foot (5') sidewalk currently exists, whereas an eight foot (8') sidewalk is required. The applicant has requested a waiver to the minimum eight foot (8') sidewalk width. Further, on December 6, 2012, the DSMG (Development Services Site Plan Review and Appearance Board Staff Report: Meeting of 12/19112 SOFA Building #1 - Class V Site Plan, Landscape Plan and Architectural Elevations Page 7 Management Group) rendered a recommendation to the City Commission that an eight foot (8') sidewalk be constructed along SE 2nd Street. An analysis of the requested waiver is provided in the "Waiver Analysis" section of this report. Street Improvement Obligations: Pursuant to LDR Section 6.1.2(A)(2)(a), when a street or alley is located on a boundary of a project, the project is responsible for providing one -half of the current costs (in cash funds) of such improvements along its property line. When access to the project is provided from a local street and/or alley, then the project must provide appropriate traffic lanes meeting requirements of Section 5.3.1(C) in order to provide continuous paved access from the nearest paved street or alley to the subject property in addition to the improvements on its side of the center line of the right -of -way. The existing 16 -foot alley right -of -way, which abuts the east property line of the subject property, is already improved. Paving of the additional 2' of alley right -of -way dedicated with this project is the obligation of the developer and will occur with construction of the project. This has been added as a condition of approval. Undergrounding of Utilities: Pursuant to LDR Section 6.1.8, utility facilities serving the development shall be located underground throughout the development. A note to this effect shall be place on the site plan, and thus, this is attached as condition of approval. Plat: The development proposal combines .four (4) separate parcels and includes the dedication of additional right -of -way for SE I" Street, SE T Avenue and the adjacent 16' alley to the east. Therefore, a plat must be processed and recorded prior to issuance of a building permit and is attached as a condition of approval. Refuse Enclosure: Pursuant to LDR Section 4.6.6(C)(1), dumpsters, recycling containers and similar service areas must be enclosed on three (3) sides with vision obscuring gates on the fourth (4th) side, unless such areas are not visible from any adjacent public right -of -way. The development proposal includes trash rooms located interior to the building. Rolling dumpsters will be located along the alley for daily pick -up. The applicant has stated that maintenance personnel will transfer the trash to the dumpster. Accommodation for bins for recyclables has been provided, and thus, this LDR requirement has been met. Loading Area: Pursuant to LDR Section 4,6.10(C) & (D), for apartment buildings with more than 100,000 sq. ft. of floor area, three (3) loading berths are required. The combined berths shall measure no less than 60' x 14' x 15' (LxWxH) for trailer units or 30' x 12' x 12' (LxWxH) for single units. It shall be vehicle accessible, paved and clearly marked via signage and /or striping. The proposed Sofa Building #1 apartment building consists of 130,740 sq. ft. for all four (4) levels containing 117 units, Three (3) loading berths measuring a total of 60' long by 12' wide are proposed within the public right -of -way along SE 2n1 Street. However, the City Engineer does not support the utilization of the City's right -of -way for this function nor did the DSMG. Staff notes that this is a residential use, and therefore regular use and necessity for a designated loading space is not as critical as would a supermarket, larger retail use, auto dealership, etc. Therefore, given the limited, periodic need for loading associated with residents moving in /out of the building, use of Site Plan Review and Appearance Board Staff Report: Meeting of 12/19112 SOFA Building #1 - Class V Site Plan, Landscape Plan and Architectural Elevations Page 8 the area in SE 2nd Avenue should be sufficient. parking spaces, which can provide dual use attached as a condition of approval. Open Space: This area should be modified to show three (3) as occasional loading when needed. This is A minimum of 10% non - vehicular open space shall be provided for all development in this section of the Central Business District. Although the site plan data indicates that 11.9% has been provided, the right -of -way dedications were not considered in that calculation. Since open space must be based on the post - dedication site area, the site data must be revised to consider the dedications. This has been added as a condition of approval. It is noted that with the dedication areas eliminated, the open space increases to 12.6 %. Building Height: Per LDR Section 4.3.4(x), Non - residential Development Standard Matrix, within CBD -zoned area there is a maximum height allowance of forty -eight feet (48'). A maximum height of forty - one feet (41) is proposed, thus this standard is met. Rear Building Setback: Per LDR Section 4.4.13(F)(7)(a), there is a minimum ten foot (10') rear building setback in the CBD. The applicant has proposed a minimum 101" setback along the alley. Thus, this requirement is met. The remaining setbacks are along adjacent street frontages and are analyzed in the following "Waiver Analysis" section. Engineering _Plan Technical Items: While revised plans have accommodated most of staffs concerns, items described in Appendix "C " remain outstanding and will need to be addressed prior to building permit issuance. .� w T,E W Building Setbacks: Pursuant to LDR to Section 4.4.13(F)(4)(c), for those buildings fronting on other rights -of -way in the CBD the following regulation applies: Lower Level: Pursuant to LDR to Section 4.4.13(F)(4)(c)(1), from ground floor to twenty -five feet (25'), a minimum of seventy percent (70 %) and a maximum of ninety percent (90 %) of the building frontage shall be set back no greater than. ten feet (10') from the property line. The remaining length of the building shall be set back a minimum of fifteen feet (15') from the property line. Upper Level: Pursuant to LDR to Section 4.4.13(F)(4)(c)(2), from above twenty -five feet (25') to forty -eight feet (48'), at least seventy percent (70 %) of the frontage shall be set back a minimum of fifteen feet (15') from the property line. The remaining length of the building shall comply with the minimum required setbacks. The floor area for each floor contained within the portion of the structure that is twenty -five feet (25') .to forty -eight feet (48') in height shall not exceed seventy percent (70 %) of the floor area contained within the allowable ground level footprint. Site Plan Review and Appearance Board Staff Report: Meeting of 12/19/12 SOFA Building #1 - Class V Site Plan, Landscape Plan and Architectural Elevations Page 9 The following chart indicates that the proposed Sofa Building #1 meets the lower level frontage and setback requirements. However, it does not meet the required upper level frontage and setback requirements. A waiver to the upper level frontage and setback requirements has been requested and is evaluated in the following section: Where a minimum of 79.17' ft. is required, only 57 ft. has been provided along SE Vt Street at the 15' minimum setback. Where a maximum of 33.93' is allowed, 56' ft. has been provided along SE 1St Street at a minimum 5' setback. From Grade to 70% min 90% max 10' max 79.17' 101.79' 84' 90% max 11.31— 33.9' Grade to 15' min 79.17' Remaining 25' Remaining Length 15' min 11.3'— 33.9' 29' Length SE 2nd Street SE 1 st Street Above 25' Above 25' Lot Frontage = Lot Frontage = 113.10' to a Height of 48' 70% min 15' min 79,17' 57' of 48' Remaining Length 5' min 33.93' 56' 48' and above 90% min 30' min. NIA NIA Where a minimum of 79.17' ft. is required, only 57 ft. has been provided along SE Vt Street at the 15' minimum setback. Where a maximum of 33.93' is allowed, 56' ft. has been provided along SE 1St Street at a minimum 5' setback. Remaining 48' and above 90% min 79.17' 70% min From 101.79' 90% max 11.31— 33.9' Grade to 15' min 79.17' Remaining 33,93' 25' NIA Length SE 2nd Street Above 25' Lot Frontage = to a Height 70% min 113.10' of 48' Remaining 48' and above 90% min 84' 29' 57' NIA Where a minimum of 79.17' ft. is required, only 57 ft, has been provided along SE 2r'd Street at the 15' minimum setback. Where a maximum of 33.93' is allowed, 56' ft. has been provided along SE 2"d Street at a minimum 5' setback. 79.17' 10' max 101.79' 15' min 11.31— 33.9' 15' min 79.17' 5' min 33,93' 30' min. NIA 84' 29' 57' NIA Where a minimum of 79.17' ft. is required, only 57 ft, has been provided along SE 2r'd Street at the 15' minimum setback. Where a maximum of 33.93' is allowed, 56' ft. has been provided along SE 2"d Street at a minimum 5' setback. Site Plan Review and Appearance Board Staff Report: Meeting of 12/19/12 SOFA Building #1 - Class V Site Plan, Landscape Plan and Architectural Elevations Page 10 Ls: Si�Fk`Bi�ldrng #1. ; FF Percentage :Required Fra b red Corrtpliancc Roeit end Lot »u�ld><ng of Bu�ing Required Building tinnth l i?Rs' Frontage Height t=rontae Setback Frentage at 13ufding X _ rn & m Stlacl� Frontage Yea No 70 % min 421.54' From 10' max 534' 90% max 541.98' Grade to Remaining 25' 15' min 62.2'— 186,6' 68' Lencith SE 3rd Avenue Above 25' Lot Frontage = to a Height 70% rnin 15' min 421.54' 424' 802.2' of 48' Remaining 5' min 180.6' 176' * Len th 4B' and 90 % min 30' min. NIA N/A above Where a minimum of 421.54 ft. is required, 534 ft. has been provided along SE 3rd Avenue at the 15' minimum setback. Where a maximum of 180.6' is allowed, 176 ft. has been provided along SE 3rd Avenue at a minimum 5' setback, thus meeting this requirement. In summary, the three (3) tables above indicate that the proposed development meets the requirements of the LDRs for a height from finished grade to 25' feet. However, for a height from 25' feet to 48' feet, the minimum building frontage required at the 70% minimum is not met along SE 18{ Street and SE 2 "d Street. The applicant has requested a waiver to LDR Section 4.4.13(F)(4)(b)(2) to reduce the required building frontage (for a height of 25' to 48') at a 70% minimum. Analysis of the waiver request is provided below: Waiver #1 Analysis — Upper Level Frontage and Setback: Pursuant to LDR Section 2.4.7(13)(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 is requesting a waiver to LDR Section 4.4,13(F)(4)(c)(2) for SE 1St Street and SE 2nd Street to allow a decrease in the required upper level building frontage setback requirements at 15' minimum. The applicant has provided the following justification regarding to waiver request: `Buildings in the CBD are required to provide a change in roof design, door and window rhythm and articulation, and changes in materials and textures. The design of the proposed project provides these attributes, but falls just shy of the 70% frontage setback Site Plan Review and Appearance Board Staff Report: Meeting of 12119/12 SOFA Building #1 - Class V Site Plan, Landscape Plan and Architectural Elevations Page 11 requirement. The applicant believes that the design of the proposed building meets the intent of the code and provides for a visual aesthetic along the upper stories. The volumetric variations along the main facade add interest and movement. Approving this waiver will not detract from the streetscape." The Central Business District requires all buildings to be placed in close proximity to rights of way in order to encourage pedestrian access and to foster a uniform streetscape. This site's rectangular configuration presents limitations toward meeting the setback requirements along SE Vt Street and SE 2nd Street. Considering the unusually long configuration of the site, the architect has well- designed a geometrically well- proportioned and aesthetically pleasing 4 -story building. The proposed building facade along SE 3`d Avenue creates a visually attractive streetscape with a sense of an urbanized downtown development which is the intent of the CBD Design Guidelines. Under these circumstances the waiver can be supported. The waiver will not adversely affect neighboring properties or diminish the provision of public facilities. The waiver would also be supported under similar circumstances and therefore will not result in the grant of a special privilege. Thus, positive findings can be made with respect to LDR Section 2.4.7 (B)(5). Waiver #2 Analysis - Vehicular Stacking Distance: Pursuant to LDR Section 4.6.9(D)(3)(c)(1), the minimum stacking distance between a right -of- way and the first parking space for a parking area that has 51 or more parking spaces is 50'. The proposed 201 -space parking garage provides two (2) access driveways along the east alley which do not provide the minimum stacking distance between the alley right -of -way. and the first parking space of the parking area. The applicant has requested a waiver to this LDR 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 has provided the following justification for the waiver request: "The Applicant is proposing to provide approximately twenty (20) feet of stacking. This is an approximate thirty (30) foot reduction in the amount of stacking required for a project with 51 or more spaces on any street. However, this is an urban project that proposes access from a rear alley and not a street, Vehicular access to the site will not be subject to the higher speed traffic typically necessitating a fifty (50) foot stacking requirement Also, the nature of the residential use is that residents come and go at differing times and not all at once as is typical for an office use. Granting of this waiver does not negatively affect the surrounding area. Granting of this waiver will not diminish the provision of public facilities or create any unsafe situations. Additionally, the granting of this waiver does not grant any special Site Plan Review and Appearance Board Staff Report: Meeting of 12/19/12 SOFA Building #1 - Class V Site Plan, Landscape Plan and Architectural Elevations Page 12 privilege to the applicant as other projects have received similar waivers in the CBD district. " Pursuant to LDR Section 4.6.9(D)(3)(c)(1), provisions are to be made for stacking such that traffic may not backup into the public street system. The development proposal has provided two ingress /egress points from the rear alley right -of -way, which are the only points of vehicular entry into the four story multi - family residential development. Although the two access driveways do have a lesser stacking distance than the required 50', the residential nature of the development means that there will not be a constant flow of vehicles from the parking spaces along these two driveway points of access. A 50' stacking distance is more appropriate for streets with a higher level of service, unlike an alley, where it is anticipated and expected to be only local residential traffic. Thus, the reduced stacking distance should not result in the creation of an unsafe situation, Further, the waiver request will not adversely affect the neighboring area or diminish the provision of public facilities. Similar waivers have been approved for other projects in the CBD District, including Miraflores multiple family residential development, Atlantic Shores multiple family residential development, Saxena White office building, The Mark Mixed Use building, and West 51h Condos multiple family residential development. Since this waiver has been supported under similar circumstances, it will not result in the granting of a special privilege. Based on the above positive finding can be made with respect to LDR Section 2.4.7(8)(5). Waiver #3 Analysis -- 8' Minimum Sidewalk Width: Pursuant to LDR Section 6.1.3(B), an 8' sidewalk shall be provided in the Central Business District. The applicant is requesting a waiver to allow for a reduction from the required 8' -0" wide sidewalk to a 5' -0" wide sidewalk along SE 3rd Avenue, SE 15t Street and SE 2 "' 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 is requesting a waiver to LDR Section 6.1.3(B), to reduce the required 8' wide sidewalk to a proposed 5' wide sidewalk. The applicant has provided the following justification for the waiver request: "The Applicant is requesting a reduction in the minimum sidewalk width from eight (S) feet to five (5) feet. A five foot sidewalk along S.E. 3rd Avenue, S.E. 1st Street and S.F. 2nd Street are proposed adjacent to the site_ Granting approval of this waiver request will not adversely affect the neighboring area as it is an existing condition; it does not diminish public facilities nor create an unsafe situation, and lastly granting of this waiver does not result in the grant of a special privilege as this reduction to five (5) has been previously granted for other developments in the CBD area. This waiver request is in keeping with the prior approvals and existing conditions." Site Plan Review and Appearance Board Staff Report: Meeting of 12/19/12 SOFA Building #1 - Class V Site Plan, Landscape Plan and Architectural Elevations Page 13 The Central Business District design guidelines require that all buildings be placed in close proximity to the right -of -way to encourage pedestrian flows and access; and to foster a uniform streetscape with ample sidewalks for pedestrian traffic. Due to the proximity to main thoroughfares in the CBD (Central Business District) such as Atlantic Avenue, Pineapple Grove Way and the Federal Highway pairs, spillover pedestrians as well as new residents will require the wider sidewalks along SE 3 d Avenue, SE 1st Street and SE 2nd Street_ The development intensity of the area and anticipated volume of pedestrian traffic are expected to continually increase. The applicant is proposing to install a 5' wide concrete sidewalk along all three (3) rights -of -way. The requested waiver should not be supported because there is a growing demand for bicycle and pedestrian traffic in the area. On December 6, 2012, the Development .Services Management Group (DSMG) rendered a recommendation of denial of the five foot (5') sidewalk waiver request to the City Commission. Granting the requested waiver will have an adverse effect on the neighboring area, diminish the provision of public facilities, and potentially create and unsafe situation. This waiver would not be supported under similar circumstances, and therefore will result in the granting of a special privilege. Consequently, a positive finding with respect to LDR Section 2.4.7(B)(5) can not be made. Waiver #4 Analysis — 75% Ground Level Glass Surface Area: Pursuant to LDR Section 4.6.18 (13)(14)(iv)(2), the minimum transparency or glass surface area on the ground floor of all non - residential buildings shall be a minimum of 75 %. The proposed ground floor parking garage east elevation for the SOFA Delray Building #1 does not meet this LDR requirement. Thus, the applicant has requested a waiver to reduce the minimum transparency or glass surface along SE 3rd Avenue, SE 1St Street and SE 2nd Street. Pursuant to LDR Section .2.4.7(13)(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. In support of the waiver the applicant has provided the following statement: "The Applicant is proposing a residential parking garage on the ground floor with a lobby area for residents fronting S.E. 3rd Avenue. Although the lobby area and leasing office will feature windows, the requirements for glazing transparency and minimum light transmission reductions is customarily associated with commercial and retail uses and not residential, and its associated, uses where a greater degree of privacy is desired. The applicant is proposed 22% glazing on SE 3'd Avenue and 13.6% glazing on SE 1st Street and SE 2nd Street, which is appropriate for the proposed residential project. The granting of this waiver does not adversely affect the neighboring area, nor does it diminish the provision of public facilities or create an unsafe situation. Granting of this waiver does not result in any special privilege to the applicant denied other property owners with similar circumstances as any other residential development in the CBD district, in the same situation would have the same issue and, upon providing satisfactory justification to the criteria would be granted the waiver." Site Plan Review and Appearance Board Staff Report: Meeting of 12/19/12 SOFA Building #1 - Class V Site Plan, Landscape Plan and Architectural Elevations Page 14 A 75% minimum transparency or glass surface area is required along SE 3`d Avenue, SE 1st Street and SE 2 "d Street. The function and use. of the ground floor level of the building includes a typical parking garage which is an accessory use associated with the proposed residential development. The percentage of surface transparency area proposed is consistent with the use and the design of the proposed residential building. The requirements for glazing transparency and minimum light transmission reductions are customarily associated with commercial and retail uses and not residential uses. The main purpose of the LDR requirement is to maintain a pedestrian friendly streetscape with a retaillofitce environment which is not consistent with the residential use and ground floor parking garage in question. Prior approval for similar waiver requests have been granted for Chase Bank located at 1010 North Federal Highway, and Boueri Mixed Use development located on SE 1st Street. Granting the requested waiver will not have an adverse effect on the neighboring area, diminish the provision of public facilities, or create and unsafe situation. This waiver has been supported under similar circumstances, and therefore will not result in the grant of a special privilege. Consequently, a positive finding with respect to LDR Section 24.7(6)(5) can be made. Waiver #5 Analysis — Minimum 5' Landscaoe Buffer: Pursuant to LDR Section 4,6.16 (H)(3)(d), a landscape buffer shall be located between the common lot line and the off - street parking area or other vehicular use area in a planting strip of not less than five foot (6) in width. A waiver has been requested to reduce the landscape buffer from five feet (5') to 3'9" along the east property line adjacent to the alley. The applicant has provided the following verbatim justification statement regarding the waiver request: 'The rear of the project abuts a 16 foot wide dedicated alley. The applicant will be . dedicating an additional 2 feet to the City for the alley. On the east side of the alley exists a large two -story ATT building with an antenna on the roof. Due to its industrial /service use, this building has limited openings facing the alley. Although the adjacent building is not heavily staffed where employees would view the rear of the proposed building, recognizing that the alley is public, the applicant has provided an articulated facade along the street. in some sections, the landscape area is 10 feet wide. In other sections, it is reduced to 3' -9" is width. Approving this waiver allows for the building facade to be articulated and for a complementary landscape program to be provided that .adds visual interest to the alley. If the applicant was required to provide a continuous minimum 5 feet wide buffer the entire length, the aesthetic would be much less attractive. " A waiver to this requirement is supportable. The site meets the minimum required open space (10 %) for the CBD area. Additional landscaping is not required. Similarly, there is less need for the aesthetic appeal (i.e. foundation landscaping) along the east alley as opposed to the desired streetscape along SE 3 d Avenue, SE 15t Street and SE 2" Street. Therefore, reduction of the five foot (6) buffer down to 3'9" will not to 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. Consequently, positive findings can be made with respect to LDR Section 2.4.7(B)(5). Site Plan Review and Appearance Board Staff Report: Meeting of 12/19/12 SOFA Building #1 - Glass V Site Plan, Landscape Plan and Architectural Elevations Page 15 Waiver #6 Analysis — Minimum, 50% Retail /Office Use For Garage Portion Of Building: _ Pursuant to LDR Section 4.6.18(B)(14)(vi)(4)(b), a minimum 50% of the ground floor perimeter of the garage or the garage portion of the building adjacent to street rights -of- way shall be devoted to window displays or floor area for active uses such as retail stores, personal and business service establishments, entertainment, offices, etc_ This number may be reduced by the Site Plan Review and Appearance Board. A waiver has been requested to reduce this requirement from a minimum of fifty percent (50 %) to zero percent (0 %). The applicant has provided the following verbatim justification statement regarding the waiver request: "The applicant believes these reductions are justified due to the purely residential nature of the project. The development program for the project proposes a parking garage and lobby area with elevators on the ground floor of the building. The applicant has provided for some window display area where artwork, similar to that seen at Ocean City Lofts, is proposed to be displayed for public view. Additionally, the lobby area located on S.E_ 3rd Avenue, leading to the upper residential floors, is proposed with glass fronts. The applicant has balanced the display window areas along the frontage with openings in the garage for ventilation. This scenario has been previously approved on similar projects such as Ocean City Lofts and Meridian." Under this code section, 50% of the perimeter of the garage on SE 3rd Avenue, SE V" Street and SE 2 "d Street must comply with this requirement. The ground floor and lobby area will feature a large impact resistant front -door system, and all of the building frontages will feature decorative art windows, natural air ventilation and illumination openings on the parking garage level. The requirement for active uses such as retail stores, personal and business service establishments, entertainment, offices, etc. does not meet the desired intent of the 117 -unit multi - family residential development. The Central Business District design guidelines require that all buildings be placed in close proximity to rights -of -way to encourage pedestrian eye contact, and to foster a uniform streetscape. Current uses along the subject rights -of -way primarily include professional and business offices. Due to the distance from Atlantic Avenue, the general public is not likely to transverse as far south as Sofa Building #1 for retail shopping or entertainment opportunities. Granting the requested waiver will not have an adverse effect on the neighboring area, diminish the provision of public facilities, or create and unsafe situation. This waiver would also be supported under similar circumstances, and therefore will not result in the grant of a special privilege. Consequently, a positive finding with respect to LDR Section 2.4.7(B)(5) can be made. . ,.:.; . FAM1�1f �J114:R��'�R�EHOUSiNC� ANALYSIS , Minimum FamilylWorkforce Housing: Residential developments requesting an increase in density must include a minimum of 20% workforce units consisting of moderate income workforce units as defined by Article 4.7 FamilyANorkforce Housing. Of the proposed one hundred seventeen (117) units, the balance of units above the maximum allowed density is sixty -one (61) units. Therefore, twenty percent (20 %) or thirteen (13) units must be workforce housing. The proposed site plan identifies the proposed location of the thirteen (13) workforce housing units on the floor plans. Thus, this requirement is met. Site Plan Review and Appearance Board Staff Report: Meeting of 12119/12 SOFA Building #1 - Class V Site Plan, Landscape Plan and Architectural Elevations Page 16 General Provisions: Per LDR Section 4.7.9(a), all workforce housing units shall be situated within the development so as not to be in less desirable locations than market -rate units in the development and shall, on average, be no less accessible to public amenities. Further, per LDR Section 4.7.9(b), the workforce units must be integrated with the rest of the development and shall be compatible in exterior design, appearance, construction, and quality of materials and contain comparable HVAC systems and appliances with market rate units and provide them as standard features. All workforce housing units shall contain comparable square footage to the corresponding market -rate units. The proposed locations of the workforce housing units are dispersed evenly throughout the 2nd, 3rd and 4th floors. A variety of 1 BR and 2BR floor plans are proposed. However, no efficiency workforce housing units are proposed. As a condition of approval, the applicant will identify the location of at least one (1) efficiency unit. This is attached as a condition of approval. Maximum One Bedroom Units: Pursuant to LDR Section 4.7.9(i), the total number of one bedroom units in any qualifying project shall not exceed 30% of the total number of units in the project, including both workforce units and market rate units. The development proposal consists of sixty -six (66) efficiencies and one bedroom units or 56.41 % of the one hundred seventeen (117) total units. This exceeds the maximum by 26.41 %. The City Commission approved, a waiver to allow the proposed 56.41 % one - bedroom mix at their meeting of December 11, 2012. Unit Mix Ratio: Per LDR Section 4.7.9(c), the developer shall endeavor to provide workforce housing units that include unit types in the same proportion as the market rate housing unit types. This shall be accomplished by matching the ratios as indicated in the following table: Unit Type Proposed Workforce Units Ratio Recommended Workforce Units Ratio Market Rate Units Ratio Total Units Efficiency 0 0.00 1 0.11 12 0.11 13 1 Bedroom 6 0.46 6 0.45 47 0.45 53 2 Bedroom 7 0.54 6 0.44 45 0.44 51 Total Units 13 1.0 13 1.0 104 1.0 117 Per LDR Section 4.7.9(c)(i), the proportion of efficiencies and one bedroom workforce units to total workforce units may not exceed the proportion of efficiencies and one bedroom market rate units to total market rate units. As indicated in italics in the table above, the applicant complies with the proportion of workforce units to market rate units for efficiencies and one bedroom units. The percentage of one bedroom and efficiencies (0.46) is less than the percentage of market rate units (0.56). However, the workforce housing units do not comply with respect to comparable unit mix types. As indicated in the chart above, the "Recommended Workforce Units" shall include at least one (1) efficiency unit in order to maintain proportionality between the workforce units and the market rate units. The provision of at least one (1) efficiency workforce unit is attached as a condition of approval. Site Plan Review and Appearance Board Staff Report: Meeting of 12/19/12 SOFA Building #1 - Class V Site Plan, Landscape Plan and Architectural Elevations Page 17 Per LDR Section 4.7.9(c)(ii), the proportion of two bedroom workforce units to total workforce units may not exceed the proportion of two bedroom market rate units to total market rate units. As indicated in BOLD in the table above, the applicant does not comply with the proportion of workforce units to market rate units for two bedroom units. The percentage of two bedroom units (0.54) is greater than the percentage of market rate units (0.44). The workforce housing unit distribution shall be modified to reflect the "Recommended Workforce Units" identified in the chart above. As a condition of approval, the site plan data chart shall be provided to specify the correct number of workforce housing units which will be provided for efficiencies, one and two bedroom units. Upon provision of this information on the plans, this requirement will be met. Review and Approval Process: Pursuant to LDR Section 4.7.10(x), final conditions of approval shall specify that the restricted units are priced and/or rented to the eligible income group. A condition of approval is attached that requires the coordination with the Community Improvement Department on renter or buyer ellgibility and housing prices for the workforce units. For Sale Housing Units Pursuant to LDR Section 4.7.7, there are numerous requirements that apply to the sale of owner - occupied workforce housing units. These stipulations identify the terms under which these units need to be sold such as eligibility, occupancy, and terms of purchase. A condition of approval is attached that if the units are sold it should be done in accordance with this section. Resale and Subsequent Rentals of Affordable Units Pursuant to LDR Section 4.7.8, to maintain the availability of workforce housing units which may be constructed pursuant to the requirements of this program, numerous restrictions have been put into place on the rental or resale of workforce housing. A condition of approval is attached that the terms of resale or subsequent rentals of affordable units, pursuant to LDR Section 4.7.8, be included in the deed or restrictive covenant and recorded in the Public Records of Palm Beach County. Covenant: Per LDR Section 4.7.6(a), a covenant will need to be recorded that specifies the income level served, rent levels, reporting requirements and all restrictions applicable to the workforce housing units. All leases shall contain language incorporating covenants applicable to the workforce housing unit and reference recorded covenants. As a condition of approval, a covenant be submitted for approval by the City Attorney's Office and be recorded. `LAIIDSGAP�.P►NNALYsiS Pursuant to LDR Section 4.6.16, a landscape plan must be submitted and reviewed by the City Senior Landscape Planner. Landscaping is proposed on the ground level and on the amenity deck level on the second floor. Proposed landscaping materials include Pidgeon Plum, Orange Gieger, Japanese Blueberry Trees, Solitaire Plums, Sabal Palms, Live Oaks, Key Thatch Palm, Florida Thatch Palm, Italian Cypress, Green Island Ficus, Blueberry Flax Lily, Lady Palm, Florida Gama Grass and a variety of other native trees and ground cover. The Landscape Plan will comply with LDR Section 4.6.16, provided the technical items listed below are addressed, U� (l� Lei II z A T L A N T I C A V E N U E LD El > > < 3? Q 41. - f L i LLJ F rn S. E- 1 ST ST. 4 _ _ - i-1 MR -f [w/} S, E. 2ND ST. E7 W W IV)Vi 3f 4 N I F-1 t Lj A3 S LJ -E. 3-RD ST. ;3S y SOFA BUILDING # N susr> cT rxorsaz'Ax PLANNING AND ZONING DEPARTMENT LOCATION MAP MAP REF; S: \Planning 3c Zaning \DBMS \FI — Cab \Z --LM 1001- 1500 \LM1360_Sofa Building �1 DRAWING INDEX I WAIVERS REQUESTED I 1.1 REQUESTING A'AAIVER FROM LOR SECTION &.1. 310 } {1)(e) TO REDUCE THE a FCOT MADE SIDEWALK RECUIREWNTS ALo NG S.E. 2ND AVENUFTC 3.) REQLESTING A WAIVER FROM LOR SECTION 9,6.19 (R](14)(IV}(2) TO REDUCETHE TRANSPARENCY OR GLASS SURFACE ON THE GROUND FLUOR WALL AREA OF THE BUILDING FROM TE %TO 22% ALONG SE 3RU AVENUEAND 13.6% ALONG $E 1ST STRFEf ANO SE 2ND STREET. 3_) REQUESTING AWNVER FROM LOR SECTION 4.5.9 (D)(2paj TO REDUCE THE 6 LACVJNO DISTANCE FROM 6S: 'O 4) REOJESTIN7 AWAJVER FROM. LOR SECTION 4 ,4.13 {olds)Yo INOREASE T EDENSITY FROM 5C UNITS TO THEACRETO 622 UNITS TO THEAcRE 5) REQUESTING A WAJVER FROM I OR SECTION 4.72 II) TO INCrREASETHE NUMBER OF ONE BEDROOM ! STUDIO UNITS FROM 30% MAXTC W% i r_1 MKIT RELATED DEVELOPMLNT LLC 315S ' BISCAYNE BLVD. MIAMI FL 33131 TELEPHONE: 305 -533 - R 0 D2 API- 141TF:C_T RICHARD JONES ARCHITECTURE 10 S.E. FIR5TAVENUE, SUITE 1D2 DELRAY BEACH, FL. 33444 TELEPHONE: 561- 274 -9166 FAX: 561 - 2749198 S ofA DELRAY BUILDING 1 S.E. 3RD AVENUE Delray Beach, FL 33444 GENERAL NOTES En6VNVlna qsF eeJlLtl9p�YArWAVtl W00.M[s ALVZPepwV.lwN OesercNU ,i11MZHlOME1PFRWWFNCFPfWN PcrcxsXALLPY[LULE ILLIWIRN [4[sannviousVpGtLEPe4:HSS cRaPL4twiNlnE ]hEMmrcFAW�MAfn�nnfLmm 6 i�x��.�wanNO �.wlwENrLpru anHa' Lrvrwce+.. noPLLamc• A. �pN. e�mresuoEnruurcvlcraoarrveaLanwrrn 4w quen "nwr µ�q�Yyvx �oNAwxcaalW [ TAMEINErE[eNCF wm5uuxccPrxE quxa,vy�quENZ{au NpuimoxrxE awiwlaa,wECx, co rere� �USVem rexNUn[sr lnc+ LixeL«. ma ,znwnnoxrrorxecemElw�+luvaaenro zwlrrza euaeg uw x•N grsv x�zEn G�WrHE� �oneveur�. uec�ruercwaAno .�uvEwwrsewururewnrre TMx+..eLwswM xrnmrvrrsMm»rcuw.0 ner�nYsHE WLgNG WmleenMUnrWwm nELr.IwFVOTHENeunawvwaC LxLgakTr�Heluer�[w'nrd A�mmiWALO IF�IE¢ �w19�NAImrPWiLtAPtCT. f��eW�Yb N: �zr�LYr�zlou�ienipRLiwr�iF .'za.�avLLi[W�s1W.LeE ATTxeserc �msE�rxreruL�P¢EAxrw, wPreur`"rnrr�e anxoreerw.v lrwcacaaxwcra+rn.,er me,uaens>H�.wourssExpxneecmcwreu x6slyzgcgozN�.rHeolWwsi VLwruZwACNVr�'4mEn¢ruevreA�v luiuicrle.ouulo¢mwarwr rxrr PZV NSSrelnmm*,c reslt+u.zeyh. oESanmmurXUrngl zzHETAE CmNpw.rws s,eryen.creps,su�NUeresax¢wxopca Aar XltuvcxnzcPXaJECi .MYNATEntxsmXTarxN¢r,aefmW, PFIHTEUUCflscantLx�RxreeWNaxNaz lsrFwff sEYanea�NenmviefecPefo M9MVSs na.xpp.sNav,lxew [ unnnxs uuwxura Assaxeeanmxurrninmvezav,a rAwLLnr«�w „xEU.�rP�, ®[xEN��Lr� ��o u�a ..b.n.N�r..rwwrq,N.nq�Araa,raE rexwunHex crrxePn¢ c*. _ cr �,wu.m�IHUeALLwwinonrExuiewPLno nsus., wowceluolursmewnrLUnwl .rtpirfcwa>ELCnui v.IHewrtrw tnhfks Prt,ente nquLe,pRA4 �nrx¢¢ormumeP swusueeouLeiromerLewnrexxv�Nwmar�ortnACr ¢Na, svwumLf.rxmnsuo��u... eprruv'aon�. sH .rxcwMgr�,v+sw.cxaunArxawEnwlwv ax zNEZwfHESm xaNUW uwcPZHSwH,n ScµLxcavlPwclvPSaWtLEZSEr¢Ne�� wm SNnLw Ff vl F�NGPU I�RaMfiGeru� Pixatrn� �' �eRM�mLL >ECON[MnNre.1?WOgWM'USgrywPes . 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PUN¢LM.cwz+N,u sewW¢ucinnlN SUM NcE�WMpipA �MiE �A wPWUaimVLnxeo,nrHEAa•'NzEmWU ZAeeeNenxlxn lMErurEngLEUVIPxmrwlu Lwwwawr�eMC�e [cM�e}TPemw�ir[nwiwlµ nmurnwr &rsnClil�ion�iail�r�izilo� item aizrYSici�all�u onL�lAYI Nc nvwYLwxxrnHAUCwaNaLLwu�mxrEwrx EExwxF�= crn�xunuPLVrwrecmnnwrp�rn ¢wrxLUrxcpXxwuna s. vNwEUPUCSaE. eNE, wclnenn�siax�Lx�uLeennikuooPxlrr ecurrrwre. CIVIL ENGINEER I SURVEYOR PILLAR CONSULTANTS, TNC. I ORRIEN, SUITER AND 013RIEN, INC. 5230 SOUTH UNIVERSITY DRIVE 955 NW 17TH AVE, SUITE K -1 SUITE 104 DEL.RAY13EACHI FL.33445 DAME, FL 33328 TELEPHONE: 551 276 -,5501 7ELEPHONE; 954.080.0533 FAX -581 -276 -2390 I AAIIIC(`ADD W:1rNmilll��� A RCHIT•ECTU RAL ALLIAN CH B12 5.W. 4TH AVENUE FORT LAUDERDALE FL. 33315 TELEPHONr— 954- 7848858 wcN.aw JDNFS nRCwJ'EeTTmE jj� cn,.l�a•n,,, I J � VnA.�w�nl'I ie.ewiouM U sK x �n •n� I FI[k1o,r L[EEnal/Xf jI' :Nm.rlw:.. av rnuNUSxn L r:n�v ¢FamNLB w O w nxuaw.rmx ,a,i,- COVERSHEET u. CVR PROJECT INFORMATION PR4PC6EVFROJEOT; 4STCRYAPARTMENTPROJECY WITHSURFACE PARKNG AT GROUND LEVEL GOVERNING COOL: FRO 2010 EDITION, FLOAM FIRC PREVENTION CODE 2070 EDITION FLORIDA SPECIRC NFPA 1, FIRE CCDE, 2003 MITIONANO FLORIOABPECIFICNFFA IC1, LIFE SAFETY -Cr, 3009 EECION. GREEN CERTnOATION: NAHR:NATjCNAL ASSOCIAT]ON OF ROME SUILCERS ROOFKEIGHT,” 41' -0' TYPE OFCCNSTRUCTION: TYPE I(RF SPRINKLER BLILVING DESIGNEC: ENCLOSF17 ZONING DIGTRIGTt ox0 LOCATION MAP I�SITE LOCATION I AAIIIC(`ADD W:1rNmilll��� A RCHIT•ECTU RAL ALLIAN CH B12 5.W. 4TH AVENUE FORT LAUDERDALE FL. 33315 TELEPHONr— 954- 7848858 wcN.aw JDNFS nRCwJ'EeTTmE jj� cn,.l�a•n,,, I J � VnA.�w�nl'I ie.ewiouM U sK x �n •n� I FI[k1o,r L[EEnal/Xf jI' :Nm.rlw:.. av rnuNUSxn L r:n�v ¢FamNLB w O w nxuaw.rmx ,a,i,- COVERSHEET u. CVR µtC41wA0 ]ONC5 � /ffl f I Nt(lu'f2CTlIRE I rueaRnnu,uuouslrvwwR� �� r,n ate= lrl ADe s Iln�'t m- JanluJe � AP 4 '� " Ilt � � P- I �' I •a ! ' 11 I J..o.,ona° »u iP,... wa- .nrw.m. 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'-� OI�N�M T� zMt r.o' nxw a,u We.� wi a�mn �v rruvi r� �rrn,crrr_ w.c m.+o�cr ------ KITCFitT � /� i� GREAT IZOOIYI Studio -I Studiol I Bath (6 TOTAL) SCALE: 114`=I` -O` A/C Area= 593 SQ.F.T Balcony = 190 SQ.F.T I L � _ 2Z-2" Studio -2 Studio/ 1 Bath (4 TOTAL) SCALE: 114 " =1' -0" A/C Area= 530 SQ.F.T Studio -3 Studio/ 1 Bath (3 TOTAL) SCALE: 114 " —l' -0" A/C Area= 500 SQ.F,T Balcony = 65 SQ.F.T I�[cllnno�oN[5 ARCWTECIURL ¢.N amt (}I � O W F o. ®Wmm UNITPLANS A -4 W pic� TGNU 7,7 NOR ARCIl tl BALCONY _, �r ^� ® O BATH BALCONY z I_- -! ?, GREAT ()O� DROOM GiROOM 1� < zo _Closet lv. ld LM?r100fd NrN- LA BATH fl BATH KTTCHHN fir' KITCHEN on ALCO BATH Unit A -1 1 Bedroom/ I Bath (45 TOTAL) UiiitA-2 I Bedroom/ I Bath (9 TOTAL) Unit B -1 2Bedrooml2 Bath (12 TOTAL) SCALE: 1/4-1 SCALE 1/4-=P-� SCALE: 1/411=11-011 A/C Area = 774 SQ.F.T A/C Area= 787 SQF-T AIC Arcs7— 1194 SQ.F,T Balcony —257SQ,F.T Balcony =41 SQ.F•T Balcony 102 SQ,F,T UNIT PLANS A-5 BALCONY Q Y m Unit B -3 2 Bedroom /2 Bath (1 S TOTAL) SCALE: 114 " =1'-0" A/C Area= 1131 SQ.F.T Balcony =295 SQ.F T Rxl[ RUJ.vm W No AIRCH=TURE Ld �4 �I peMJiRCAnx xUx V "xax'x tlY; 4tiN �rfw UNiTPLANS H A -6 W f �q DINFNGp pul_ I4TCHEN - —.s SATH r, ) MASTER C BEDROOM BALCONY .12mm�t'x1J' -fl^ HAT[3 48'-4" Unit B-2 2 Bedroom / 2 Bath (12 TOTAL) SCALE: 1/4" =1' -0" A/C Area— 1210 SQ.F.T Balcony = 382 SQ.F.T Q Y m Unit B -3 2 Bedroom /2 Bath (1 S TOTAL) SCALE: 114 " =1'-0" A/C Area= 1131 SQ.F.T Balcony =295 SQ.F T Rxl[ RUJ.vm W No AIRCH=TURE Ld �4 �I peMJiRCAnx xUx V "xax'x tlY; 4tiN �rfw UNiTPLANS H A -6 W Unit B -4 2 Bedroom/ 2 Bath (4 TOTAL) SCALE: 114" -1' -0" A/C Area = 1131 SQ.F.T Balcony =240 SQ,F,T BALCONY 23'0"x 5W` MMMA DEDROOM PMIAM I0ff -S No i � Nis LIVING ROOM 25- 6 "a2d' -d" x�n`ivwn ti- fmt�f "11�'�li er• 1 W.I.C. j ILITCH&TT MMMA Unit B -5 2 Bedroom/ 2 Bath (2 TOTAL) SCALE: 114 " -1' -0" j A/C Area= 1275 SQ.F.T Balcony = 145 SQ.F.'T IINIi' PLANS H PMIAM I0ff -S No i � Nis x�n`ivwn ti- fmt�f "11�'�li er• 7BWR�00MI�� I ° H �mm ❑wed ATR I IIIIII�111 � qq Vr,f A ELEV.II UUL O Unit B -5 2 Bedroom/ 2 Bath (2 TOTAL) SCALE: 114 " -1' -0" j A/C Area= 1275 SQ.F.T Balcony = 145 SQ.F.'T IINIi' PLANS H I CHARD]ONES I ci 7 �1 Ground Floor Plan " st'AISt Y'• }�f N � � � Q 1 — A 1'EHfJE m 5_L _ — — R R4 3rt�al'ESSIJG � Q m q � s now NNW= _ — n xrari 0 Second Floor Plan scIT�YW1tl - N Pw- S 10 x�nnry >urtµ is � i L / L ` / / � QiACNSUIR�TS 11.5.L• s��ncrc Third and Fourth Floor Plan N A-8 8 e id 1W 3e' 41 l�_'�L��L_ I I Schematic Buildiug Section A,"kn JDNES l ARL'HFTF.rFURJ? 'L1 W N w ^r n 4 I � o a W o,yµx+xv� fvW „uwuwin[.w n�131 gram OPEN SPACE PLAN „ AHn SECTIDN A �/� -9 Y Y 13iC m ' S f E J�� M Al IL W I 5CA�: -50'- rn �m �tY aL eW Q ° e °Q LL 4 U) I�Fl ao-7 1 LP -1 w [ [ [ LLJ L7 [ [ I Q mi SCALE; V =20` -0" lr ? Q V} - =a U J =m LJ �Lm =w "{ LL 4 V' O a�wN•w� so -5 -iz LP-2 MATCH LINE LP -3 TO LP -2 n D r N 6 mm Ground Flooe Landscape PI ""` iu.cuoonr N ..� mot' � �� G SOFA DELRAY BLDG. 1 F S.E. 3rd Avenue an....,,,,:..... «..,.a 4 �� OalreyB —a .Flo,ida ARCHITI;C;I ALALLIANCE m per A m�m m m 7MAWTCH Um NE mLP-73Tm0LmP4= m 7 m "m w A—Ity Dock Landscape Pin ,SOFA DELRAY BLDG. I S.E. M Ay.— uw.y 8 ... h, Fl.deg RMT�27� ALLIANCE !Clv I J-11-11 ` L� n D r wwl� m MATCH LINE LP-4 TO LP -3 o mN= ■sr = ?menHy Deck Landscape Piaa °0PC �"w�,xsmm "n" Maly !';Itl.� SOFA DELRAY BLDG. 1 �,, ( -; .. NP 4 &E 3rd Awqua I I I ae.�.��..,......�,.�.. • 6 Delrayeeach,Flarlda —� ARCHITECTURALALL9ANCE PLANT LIST - {5 GW: Sghhro FW= Coda. -- 13mught, QlY.,Taana ralNaane lc mVn_Na a Q@ la.mrriarr9G+tre.ra•Plas Dlly ��� "�N- �- SGaL.YOF. PnII, STRUCRIRFS, pAmmG, WALKWAY8, � 'a ' _ [kj � V e C rk5a S wiVG f F,PCry Phm H f� Itl G t2' %Fey' C� clsglrs4WOA[ kvd 1 (S -[I93 v s Cc isuVpmrge GlOPSr ,_.__. -.•BdB Fldd Grow 1Y %AA �, T, CPL, TIrNIe HNOk udv- ... .. I C2 (ul 0 rNb Wa lh xr¢ygwn'.]MyRkdTwW BaB Fldd Gann In %a�o [SI npHSl,aySl kad¢. , Pn w i r] T du.Ma+•e +:ap'nn =11ULM1w¢T . � � is C=L IaA_h, cvud PMn ' ' ' Po V 5 Phamwx tlxHIXem T<nTvor+ ;le4ml owo Pes„� eaafl ld cw'xn,i+'GrMul lnrfi ,avtlA FL F:iwY, Bpxlwm, MwcW V°i, E PP - PEIr 5e Py h¢ p elep 15 r Pri„ era CoL sMgw wlds,} „- ?GEL,V A. O T 99 _ FI V 4 PIY ho W— X PaHr adll Fleltl Gmwn JIAFi2 ta�vxvdh de axpia -. -. - r � i� itip.�n.P:i 1pe.IP,P JY.icdrn Y tt>a en,Neav pblcl¢la 4kcx GOb'164ch f3 5 sce3 .,x'17P.,s1uz_m:i,. ... ... .................. ' �aoa<. sry Pm n ',sammsmse lnweabri v:ilen sMPrrv,dw.id seaxv Plana , 9 4V v 6 O tMw q5 r3vl 1Yx583'CaL dtp' 1dI 30aL. aC-Sa' Iw,- F'rl '_T._ 5gJZMFe_I= IFS Tm! V Sv I iNi ,ad' 1Pbdtlr TfaWhP bn ACC<:ATS I sRRUBS l Fl GmaS sM1q•rm?N' ahB Pwad 0145 1a-W „ l ..� ', H ' - as ` sl. dol> ptEe. r�. rcu odp,•Imrsa...y,alae'rl«5ian<'.. � M - - � -� �� A _ K sLC Y +1 ..;- Z ArFm_ M Ftla Gla IP 14 e t0 5 hCap AOCk N -, V •f?q 5•a _ i pacmnr, as hoar m5 ii?H naaYklrxx' H _.,.._,..,,._,_ „__..� ice.. SP'0A.. 'r 031 M a{ ez�&awrAel {5 GW: Sghhro FW= 1fA ���tdl�'LG,mia ¢�� Q@ la.mrriarr9G+tre.ra•Plas Dlly ��� "�N- �- SGaL.YOF. PnII, STRUCRIRFS, pAmmG, WALKWAY8, � 'a ' rvG IM: Y :2E6:ilea pmllwla SCaNu,Pa LWA,sa wr=.i r�afolly Cal „4a`GC. Ap h. 530. C = {A-Ej IW pzo Z' is'GA.. of oG too _ ., Y :a ;rreanelbea nnw?n•1 rraelA amm„Iwa - -- --- -- --- - -- ic; .,r an;izu•oe_ �1Ga,.1Y'Gh.2V NST Y 1a !tiruravvinry,'IwaW Selaa'!Y¢s,eE'Selsa ammaga_ OG PMn ' ' ,6 W � YY 'Peeacn9m mecmpnYllua Pnnplp fl.+'aRl Oxad PwbuRra � 3 ryn_ oA, 2OG, Fw[ toss _. fIEL � - N Ga Mal ual LntlYPI Tflal_91tt.30G SAT Pl .d s h IM1 erbvlicW Trt a f - la$4-1 rp � � � - � � - -- „- ?GEL,V A. O T 99 _ sP0 � sd M me pelYyrglainrcml Caaei: T3ai.EMdah,a Flwlaelaa .tivti Sin r � i� itip.�n.P:i 1pe.IP,P JY.icdrn Y tt>a en,Neav pblcl¢la 4kcx GOb'164ch f3 5 sce3 .,x'17P.,s1uz_m:i,. ... ... .................. ' �aoa<. sry Pm n ',sammsmse lnweabri v:ilen sMPrrv,dw.id seaxv Plana , 9 Se"aA,xoc- . TFry N hl 92-T FF=aM G.n. Gra.= 30aL. aC-Sa' rJG '� 4 4 ;TlarhobsTnrmum fnamiwidwlGVnb6xnM dvLmhw Scat, 6- e'ruamP, phMadx arwm 5gJZMFe_I= MISCELLANEOUS ', H ' - as ` sl. dol> ptEe. r�. rcu odp,•Imrsa...y,alae'rl«5ian<'.. � Gdm: Icuien. -rc ....ti: w. __ .- ...... .._.,.,...... 0 S.F. A FI d Nafav Phil apaINn TOTAL INTERIOR [ANOSACPEAREA I =I Hx.tG) _lava eMT¢l REQUIRED N -4;Q— Qaspm % T¢EVrsnce Y 'ven faru,pilT lora•,I -_ _ _ - - - mH rooveY amrn�arJeea e.4ry...nw n •.L'tNFf Wnh ROSrtYaWEAtn a.t CITY OF DELRAY BEACH TYPICAL TREE WFTH AND WITH CUT ROOT BARRIER DETAILS RE41JRF NATIVES NOTE: 5CYe OF ALL TREES REOUIREO TO BE NATIVE. 25% OF ALL SHRUBS S GROUND COVERS REQUIRED TO BE WIVE. ttPrcwa mFE WmtarNwCOY eAApIFa F65R I K OF CURB UYP.) COWACTEDSOIL (12 WIDE) EXCAVATION 1(34' IN OEFTH) I/ 3i I 1�- CITYORAWINI3 FOR LDR4,6.36 "(3)(n) LANDSCAPE CALCULATIONS FORM MULTIPLE FAMILY, COMMERCIALS INDUSTRIAL CITY OF DELRAY BEACH A TOTALLOTAREA GENERAL PLANTING REQNREMIRM Sghhro FW= >raur, aruitrpbatmaenammeprama:a laxwawat>ee uL,,._ ¢�� N Nvknalvralm' alrtrokaoswe6pswdrvM1lRaW !>wmrnbrkN 328,448GF, 7MAG. B STRUCRIRFS, pAmmG, WALKWAY8, m Ih ,g�a[gwildaka.gdrdxrF+damPl,rn. Square kd= MpL-k Tal¢ielWtathedbylFRaed'yape rcplaia3ialbPfWdvYls DRNES, ETC, heuam mm�n¢ey'u- ,aa..e sbr�a�d.s.nm'a.lursrnw+ra'em ror�.,ama5aeadabarmsaxupnTrt`r. NI,�+IatitleEd to haalhd 78,413SF. tBAG- C TOTAL PERVIGUSAREA C = {A-Ej Sim Feel= aLehuhs vxAe y¢ rndx snaMmlrxa,nwrp'anenuuaaAslru 9g daye,sMdbcnnu NWdaYI]m Fryl Laepbnm ElMOUw _ y raxaeY¢ryampau,. 7a,5715A LIAO, U AREAOFSHRUMANDGROWiD D= (CN20) Squemf.I= aedwmi rnodcasprrCSl,P�arvl'an COVERS REMIRFD �Nemlltpet9 Wnhrdusnlraa6id 'F�brehYUlwavaeu4MtdXOm' tlJakbnmmpabPMNlaleglmie lo5erm,p 1R..]a'behw4'¢a.lhly 1.a.d 7.352.E S.F. E AREA OFsmMiis ANN GROUND W W@ yowrudalEeiom,iamth F.pgy swmib.dwdhee Squuro FeaE= ueWrravxkhbv mwixmcogndMresi+Aoai7'Id¢muxrm,� d. GovERs PR(MUED cow dtrtaml,awl mLrovxd, 7A428F. F NATIYEVEGETATIoNR[:OUOaED F =(6x251 squsreFoet= Nlimtlupaaklannxnas avtlS.TivJaW Fyifgaal¢nWeyreelaaryram e:jldelb pnn'Ae1aP%mrxy. d3luLUpraur, AAhredcsMllhe J 58 &153,F. 6 NATFVEVWTLATONPRCAOEO 5gJZMFe_I= 600-S.F. H TOTALPAVLOVENICUTARUSEAREA SO.Feel 0 S.F. T TOTAL INTERIOR [ANOSACPEAREA I =I Hx.tG) GgnaraFela REQUIRED c SF. J TOTAL NTERI=ANVSAcPEAREA Square Re-U' PROVIDED G S.F. K TOTALINTEREORSHADETREE3 K =(Il1255,F.) Tf1Y=S= REQUIRED 0 L TOTALINTERIORSHAUETREES TREES' PR0416ED 0 M TOTAL LINEAR FEETSURROFRUPIG LINEARFEET- PARRINQ OR VEHICULAR USEAREAS' 1206 non Rea, -126M N TOTN- NUMBER OF PERIMETER N =1 MI9G jl N= {Edf25 }U TREES =4d TREES REQUIRED adpceNb4m0erly6lmsiden6eluee _ 4non Res. -5Res. 0 TOTAL NUMBEROFPERIMETER I Tom` TREES PROV]DEO r•O+ P TOTAL NUMBER OF IXISUNGTREES TREE&` TORE3AVrlllllll a TOTAL NUMBER OF NATIVETRFES G= (IK +HIx.501 TREES= r, REQUIEM 1 24 TOTAL NUMBER GFNATIVE TREES 'TREES= PROVIDED S TOTAL 14LMSER OF TREES DNPTAN TRH' aRONVED tR5 YOU MAY DEDUCT THE WIDTFE OF ALLACOEssWAY5 ANO THE LENGTH OF ANY PnRim ETER LAN DSCAPE STREF(S) INH ERE A VEHICULAR USE AREA IS SCREENE) 13YINTERVENINO GUILDII40S AND CANNOT BE SEEN FROM THE RIGHT -OF -WAY OR ADJACENT PRoprrrr ES- PIE, PlenlJ,•. Paull -ga T- Pl -,erg DetAtl NOTES: w GENERAL PLANTING REQNREMIRM 7 >raur, aruitrpbatmaenammeprama:a laxwawat>ee uL,,._ ¢�� N Nvknalvralm' alrtrokaoswe6pswdrvM1lRaW !>wmrnbrkN � Ml¢sard as ad. Nndhpr�a'varMrdi LraPVOicsl +{•oxelfWVerdotl Q1ccc m Ih ,g�a[gwildaka.gdrdxrF+damPl,rn. MpL-k Tal¢ielWtathedbylFRaed'yape rcplaia3ialbPfWdvYls i Q�� heuam mm�n¢ey'u- ,aa..e sbr�a�d.s.nm'a.lursrnw+ra'em ror�.,ama5aeadabarmsaxupnTrt`r. NI,�+IatitleEd to haalhd [� = _�� ss mrt8l�`wWnx _ id Flaalm,ualvsidsaeiherinshd L.rnanixaeplp.lzdirape rmhtlerircv Ylvexr puidulAVwS debe-Pa'Tt arapmadu, i�de .. V U-1 aLehuhs vxAe y¢ rndx snaMmlrxa,nwrp'anenuuaaAslru 9g daye,sMdbcnnu NWdaYI]m Fryl Laepbnm ElMOUw _ y raxaeY¢ryampau,. � Pa- �Q:� AepMmaW.ram MPlaQdb P4Mnp ¢dnkba+PlaeebNevee!a a dea¢baavMM1hMemcdWn Nxi1pv15rveawrY d,gW ah,mtlens4e yulnm 6n W ed.[rdkr,a&R,, »daF4esfakdv msaiblbrJ,dwweatll aedwmi rnodcasprrCSl,P�arvl'an qq �� �Nemlltpet9 Wnhrdusnlraa6id 'F�brehYUlwavaeu4MtdXOm' tlJakbnmmpabPMNlaleglmie lo5erm,p 1R..]a'behw4'¢a.lhly 1.a.d � Mnnfmad Yra,6ayM furry {FNeB }mnIXVa,3+a lr9aal3ma, i,l+v.muw lash..nmmrae dm:r..a amWamla.hAln�. va.rwntsir{I+A1Nn1 �� W W@ yowrudalEeiom,iamth F.pgy swmib.dwdhee ueWrravxkhbv mwixmcogndMresi+Aoai7'Id¢muxrm,� d. cow dtrtaml,awl mLrovxd, NlpbkmW6sFdb.kmll } lY amemd'vlalua lhwdd,rAp'soory AwatlsstlilMX¢I-4dLx 9 8 6 p�e�j NePo f..n�i.3i dt. artun5r9Yaaa Nlimtlupaaklannxnas avtlS.TivJaW Fyifgaal¢nWeyreelaaryram e:jldelb pnn'Ae1aP%mrxy. d3luLUpraur, AAhredcsMllhe J m( u, HibtarAa .ra,pespwmemAa:nmrttprJSmllov W gRuiwnu wPkla inlap vmelneuxlxvaxre faNSpamshasbe YnWMeii. raES<nsrw. txN¢xhaaPaisLih INaaWm�omu,nrlvlala¢C�ltllnax pantrgenwneaieWak•aerdnAr9'Ai FeaaBai W dedPr al dnl war gHHbtewadb vacylmkirtml wn la4aled ��brcrhr madalwylLNW I Pi( aro�r_atmeF,eaaAwaeklwp9+vaaat: pan dPhmantl. upaarraeanelaebe WIV1MwJl I!>�,:, xAk6 d>a Ce51eIR,tPi+id esaamgWsla lu-mllbanSQ 9e rwtimtn43m,md`vw AmvMSb ddmaNNAlt,a Aldd, 80%d W pmipmth,tl bedMaaf bmv¢spenu v aim es qr G51,R afwatva. NntAN(RdarmPa'abp Ermad'nzBrg wNNCOmusmdmrvwa = +10 pA1PaTa,o;sauatinhbmdra a+ive�Srp allurfiWrosWxx.. P�!b 4t,aawa wlseaxdealPnalvlwu bsUlre«rtRi :en>tebrug¢ emw;y,aowad bfs,dmbe earlulnplvppagdAedkeau lAlanm Tie yn Wmpemdelmm�bp pfaNFL SPECIAL NETAUCri0N5 Gswnlr4ud bsm me., b 'A t flrn {I'1.Iatlmpliadsd b /0e9werel ¢m4xtr ld Rrii,viv49mAVv+d InaldamaWV hem..lft> dbn pvhiVAbplrvW -- apemi46 - J.iemuvuuA- ligiiac :MSaaIVSA4ndz.S aualtlaWn.ANasusYn¢PaymM ' uW am. a.leo6eua rispireSark ,ASladam[A aNmiaaplweeda Sd, Inr,epmNINa¢Vedrhidtm,YG aar,palmhuelletss,xtneml, -Il-n m�nru . AY pnMWlea,per�nsaMaba amdtcvled from N¢mie. 3vd errd 1mpvJmnahaa 6a prwldodwitl>;r+lh. veyawa pvabn vl,he dphl- vf+.vaV a�"*"l to tree poP,wTl lhs. Reln rvmatl mmelec b5q Alvei[ed -p'amh Mghlelvll he plevtded emend MI lantivape iclenaa a,a br becxeen all lenasrapederesa llwlcrr erlpcenl In vihlm,lar ova ateac wlvvr ouch curtir,aw]I 'wPP1a�'-Fr.wr Imerle,e NOTE: = rTn y ASV hewar 0 bl Shat sre plsrad Wri wafer. pat L —Iii pe sa•n'er eraminnp.ea -d L..hiu mnrcnn to the N r 45y of 0elmy Bedch arf W- htlRLada,ene Them e�Plvnalrg DSeafl vn Sa,aMll4k remaref WavheeL Rv4o,v Wla 10 -d -12 .TAM+ -� �:rw.•i.. -.. r-_ _'G E �125t}iw.r .l.:w� - iiu.,rw` -.- w- •�Ir"lk'Ih✓•”` -5m mhe T�YAI,PIaµ v-'F-W S PSacwY &nellYna Alenttr_�etell, - „ -y Syete 3Z)NVITIV AVNAnI3EWHOiJV ppam3 �Qagae'IBa W a � c a r .� ...�...�x,., li;ili�' ;IE i��' onx Id �onisvdslp aai� € . Z-d-1 01 Vd-I 3HI-I H :)IVVW ST =EET Iu 4 n I � i F L n b MATCH LINE LP -1 TO LP -2 N 1 €I� I� II Tee Pis ikon Plan �a cH Haas pHs „� LI�KN ®r "mom E`fi k ° g SOFA DEL.RAY BLDG. [ l��� Y;�3 Ri-h, e ARCHTECTURAL ALLIANCE oelmy Beach, taodda actwdi� I F EXISTING TRUE AND PALM LIST, T = TREES & P = PALMS p s species V N Native 7 7-D.S.H• R Remain R Remove R Relocate O7 S Saba€ pelmet €al5abal Palm. _ ! X X i i6' X X - - 02 S Saba€ palmatfal Saha{ palm _ 7( 1 10 X X 03 S Swfatena maha un� I 1,6ahogcny Tree _ _ 7 sa494 .g?!IS €{So.J,58hai Palm .. .._..___..._.._x.........__ _ ..�..._.__..___ __x..__....�' ....0, s Sabel Palmeho Babel Pelm X X i is' X X - a OE l l Sabaf P _ X 07 S _ _ _ X X 1 10' X X 08 S Sebal elmetfulSabalPa,,,,, X X 1 15' % % 09 f fia4al,pelmeRglSebal„pa__ 0 s swlelenla maha�anl f Maho on Tree _ X X _ _ -, 14" X X__ _ _ __� 0 Pi chcs erma ala ens 1 Double Selitalra Palm x x Y Yu' X X 12 P Piychosperme eleg_ ! Oauhie Solitaire Palm i i X 1 1V' _ X _ - - X 12' _ __ _ — — X 13` P Plychosparma elepans J DoObla 8olil8ira palm X 14 S Swlelenla ma ha uni 1 Maho on Tree _ 15 P Ptyc h osparmaafagans /DOU_bla5olitaire Paim' X X 18 S Swialania maha and l Maha on Tree X X 17 P P[ychosparma mans f,eouble Solitaire palm _ _ X 1 12' _ x x 1 1 i s P PrycN, aj ms Weyansl DouNa Solitaire Palm % % 19 P Ptychosperma efegane 1 Double Snlilalre Palm % % 1 12 X X 2D P Plychasparma e]egansf DOUblo Solitaire Palm X X - - 12' - -_- , ,_ _ ,. . . -_ x„ 21 P Ptychosperma alegans I Double Sol Taira Palrt X X E E. 22 - chos erma e]e ansf Double SoHleire Palm X X 1 12 X X 23 P PtychasPerma elagans / Double Solitaire Pfllm X X 1 15 24 - -15 X X _ 2 SebalPal H I,Sabel Palm_ _ _ _.._.,. - -.-A ... .. 28 S Sahel oalmelSa 7 §abel Palm _ X ___ _ __ 15' _ X _.....__ � X 27 a _ _ _ x 1 16' _ x _ 28 S Sebal palmpttol Sa4al Palm % % - - - -. 18 .. .. . ....... ... . ...... x.. 36 T TraefUnknw aP_ _ & X X 3i T _ & 32 T T of Unkown 3 33 S SaLai_palmeko♦Sdb I P f _ _ _ _„ _ _ _X _ _ _25 _ _ x x_m 34Sa6ai a almebo- 1S @ha1 PalLn 1 12 — _T _ —.�- 35 T Tree f Unkmvn sp, 4 4" X X 37 x x X X - 38l t tree! Unkown sp. - ._ - - 39 T Treel Unkown sp. EXISTING TREE AND PALM LIST, T- TREE=S & P ^ PALMS # Spades f Nativp T'D H!e -D•H• Remain Remove Relocate I P - hl 43 _Plychasperrna elegacs l Double Solitaire Palm X„ . . 15 ..., X -- 44 PtythDspermo ele .m 1 Ooub1 -8 !lane Palm X 15 X 45 p nhoapanga elegana l Double Soli! Mire Palm X 15' 46 Swiatenie mahagon11 Mahogony Trae �-- X_ 47 P chos�rma ele ens! Double Solltaire Palm x 12' X 48 _ Ptychoapwma siege lt7nuble Solitaire Palm X _ . 15 „ -X„ _ , ,- _,. 49 Trea 1 Unkown sp. - - - 4' 50 'Tree! Unkown sp• _ 4 .... ., -,. .. X � x. .. .. ..,.., ... 52 5wiei7anla maYrdgan!1 Mahoporl Tree 63 Swi fe mahg4 °nilMehopony Trea��_��_ X �B ".J,� X 54 Swi fe I mahaganllMahogonyT es __X 12" X 56 P chos rm ele ens t Da LN. Solitaire Palm X e' X 5S_ plych p nn�ele�ans t DcuWa Solitaire Palm X _ _ f2' „_ _ X 6% Tree 1 Unkown 56 Sab.Ppta�S„abal X _ 5s_ Saba }p - aimath lS_a6sl Palm, _ _ ... Sabel alma Sahel Pslrt x 18' X .81 Saha Sab ._ 1palmettp l el Palm _.......... - _.--- -.. - -= - G2 3ah 1 p Irpeltgl,Se6al.Palm...... -. X............46' ... . . .... .. .. .?�.. - ...... .... B3 eba] VA aft I Sabal Palm X 16' X 64 S ?Lalpjrmep -L:Zt al Palm._..___. _ X iB' - X _ —_ -- _ �5 Sa6 almotfc 15ahal Palm_ __- _ X 15 �-j{— x - T66 Sahel palmalfc l_Sebal Palm _�, x 45 -._�... ^� - X — - -_ Be Sabw al eito I Sabel Palm x _ 69_. _ SahaLPalm�LSahal -P-1 _ _70 Sa6egalmexnlsa6al Palm ______ _ x f5• .,_,.._ - x - -- 71 Sabaf palmetto l Sabal Palm m X_ _ iS X� __72 Sa6�yareftol $ah�- �,a]BI__.__ —.. _.__x. 10'_._. ___.. -_. ...._. X _ .... ....... ...___ 78 Sabah lmetltr l5abal Ed, X _ - x 74 Sabel a €tol S b I Paim x s5 .- 75 SaEa[,paimeKa l,S tral Paim_, x ... 12 7B Sabel a f5ahal Palm X 15' x ., 7T ._iQl.palmebaf Spp@i Palm - .____m, X 1?___.. 78 Sabel a e1Eo !Sabel Fabn X� 15' X _ 7s Sabot al ettolSab I � X 15' X X_- 'ahaa�aimettol 82 soh I I IEa I Sabel Palm X T12, X ._.93_.. Sabal,P.almetfo,l Sap....... ..__ _ .,...._.... X.- -.1 .. X B4 Saha! almettolSabal Palm v SCALE: 1' =20'-6' LU - a up € J31 b f - ff 5.1 V m c � } c � ¢ m �m W'' a (N _ Q LL 0 W I oa pe�aer p xws�r 1253 TS -3� v SCALE: 1' =20'-6' LU - a up € J31 b f - ff 5.1 V m c � } c � ¢ m �m W'' a (N _ Q LL 0 W I oa pe�aer p xws�r 1253 TS -3� RFNSlokS 4rt '- 'wlta -4n ,I rL+>tix. ea' rr +w. F,RAPHIC SCALE: !EGEND- ocx a^wwur e��aans yni $I 4 r 4 u. si alcoays asx e I - J( Q It � , €✓ — rvn rmoo aowaR m� �n! = 4 Cn �+ oim xcM�c vuan � ^: oN°,.eor;.�w.aEwH �rac�wuy"a°u"i� � �r vaovoue c�e+.rwu s>�e a�`mroi°�gqO0wiuP°, nr 11I °xliou. _! `o (JJW NR[L�tGU µLNIXaIbTNyyrwuv�IHiNE�vR�3fcroo�enrtr. � � •• 5 - FAE44NFC. [� NOTES; U a. .'s°x \�. a'.'v C�1 NO PROPOSED Ok CA ENENFS, $ED ON OR WITHIN ANY KIND OF CCNSTRilONDi! CAN BE PLACED ON OR WITHIN ANY WATER, SEWER OR DRAINAGE FASEMEWS, UNLESS - APPROVED BY THE DIY OF DELRAY DEACH CITY ENGWEER. >` 4 NO PROPOSED STRUCTURES SHALL BE IN$ThLLEO WTHIN A t Q Lp i HDRWONTAL DISTANCE OF 10 FEET FROM ANY aJ1 I`ING OR v �� PROPOSED WAYER, SEWER OR DRAINAGE FACILNIES. �- UNLESS APPROVED BY THE CM Or DELRAY BEACH CITY �2 ETIGINEER. q0 ANY TAEFS OR SHRUBS PLACED WF7HIN WATER, SEWER OR 4a DRAINAGE FASEMCNIS SHALL CONFORM TO THE C,1 OF DELRAY $EACH STANDARD DETAILS; LD 11 K LD 1.2. D C3 r, y ���Kw"5i :gyres -1 `'z ?OF ivRr LO viaa ,� SGEC Iiy30' OATF 9/f4/12 - u'.`: =irw,c rweor DRAWN eri JRW hF. elm ul! rv1FlAA�v >viceFaae F— wmw IM -M — I Y� _a +„+ == SHEET RRE G PAVING AND DRAINAGE PLAN 12GIDA A- _J =w= FLAK xuysp iMW ao"GRETE)NHEEL MP VEiAIL '1-- *1-41 T- -1 11 1 TOP 7. mm- -X—fl POLLUTION PLC.��WTIOW BAFFL5 E7 4 , PAVING AND DRAINAGE DETAILS C) 26 dU Eo SHrrr Kc. C-2 i2-ofm MEL= wnu Ga=1 FLAK xuysp iMW ao"GRETE)NHEEL MP VEiAIL '1-- *1-41 T- -1 11 1 TOP 7. mm- -X—fl POLLUTION PLC.��WTIOW BAFFL5 E7 4 , PAVING AND DRAINAGE DETAILS C) 26 dU Eo SHrrr Kc. C-2 i2-ofm 7E Eu n a wn,ulrunr� till �E E CO UrGX EaS.0 ' .YSiH� £efYAIIW �c nzW S l _ SE ,— _- -- . - - - -- --- - - - --- --- - -_, -- E Lau,Ea yw - L: �... ... .' `..• • ..S.F A AVEINE._ FU xm .r w7y'x.. ' ¢I ..n y, L =12 A_'C��lti`l- S.'1.��"� -� ��:.`v�� "' NnAm EExhcelm'd a i TEAM nv U asanMrim � c o a N n o : x.wenrinnu�¢¢vu � cl ° G n y oPaECb IIFI H J` EEUI%4awd xE�GY1W J c ..._ Mp- oix[cinx (m.Fl.ee EexvwEJ J d n nN IFS: NO PROPOSED IMPRWEMENTS, BUILDINGS OR ANY KIND w OF CONSViL'CT3Cti CAN BE PLACED ON OR WITHIN ANY WATER, SEWER OR DRAI*IAGE EASLMENT5, UNLESS e APPROVE` HY THE CIiY GF OBLRAY BEACH 0I7Y ENGINEER. NO PROPOSE` STRUCTURES SHALL BE INSTALLED WITHIN A HORIZONTAL OISTANCE OF 70 FEET FROM ANY EXISTING OR PROPOSE` WATER. SEER OR llRAINAGE FACILRIES- FNLESS A HROVEG PY THE CITY OF DECRAY BEACH CRY F.NGINEFfl. S �p W ANY TRIES OR GHRIfES PLACED. W3'THVN WATER, SEWER OR � m DRAINAGE EASEMENTS SMALL CONFORM TO THr CfTY OF PElflAY PEACH STANOARU DEIAIL5; LD NO VALVES SHALL BE CONSTRUCTED IM GUTTERS ❑R c[ O V x CURBS, O ALL WATER —MAW INSTALLATION SHALE COMPLY WITH THE REOUIREIEN7S CF CHAPTER 52 —_55 -320 fAC, h a ' ' 1 nxawn er. ✓rew d.WaYrcwl.r PIO nsLn. -y BrFlEOa ��, •loTYlrx �f¢w6 NS GIir�o.Yyske�tl�� wIOHAL .u�� SHCET No- sNfET n>tc C_3 WATER ANII &EWER PLAN t2070A GRAPHIC SCALE nssglw.v : tn.r xlli aca w wr.ao rauww kCwP PV l l� wc'�: •rvu I cL ^ Tvtf [V � �[n(fC ertrt E ' N �c nzW S l _ SE ,— _- -- . - - - -- --- - - - --- --- - -_, -- E Lau,Ea yw - L: �... ... .' `..• • ..S.F A AVEINE._ FU xm .r w7y'x.. ' ¢I ..n y, L =12 A_'C��lti`l- S.'1.��"� -� ��:.`v�� "' NnAm EExhcelm'd a i TEAM nv U asanMrim � c o a N n o : x.wenrinnu�¢¢vu � cl ° G n y oPaECb IIFI H J` EEUI%4awd xE�GY1W J c ..._ Mp- oix[cinx (m.Fl.ee EexvwEJ J d n nN IFS: NO PROPOSED IMPRWEMENTS, BUILDINGS OR ANY KIND w OF CONSViL'CT3Cti CAN BE PLACED ON OR WITHIN ANY WATER, SEWER OR DRAI*IAGE EASLMENT5, UNLESS e APPROVE` HY THE CIiY GF OBLRAY BEACH 0I7Y ENGINEER. NO PROPOSE` STRUCTURES SHALL BE INSTALLED WITHIN A HORIZONTAL OISTANCE OF 70 FEET FROM ANY EXISTING OR PROPOSE` WATER. SEER OR llRAINAGE FACILRIES- FNLESS A HROVEG PY THE CITY OF DECRAY BEACH CRY F.NGINEFfl. S �p W ANY TRIES OR GHRIfES PLACED. W3'THVN WATER, SEWER OR � m DRAINAGE EASEMENTS SMALL CONFORM TO THr CfTY OF PElflAY PEACH STANOARU DEIAIL5; LD NO VALVES SHALL BE CONSTRUCTED IM GUTTERS ❑R c[ O V x CURBS, O ALL WATER —MAW INSTALLATION SHALE COMPLY WITH THE REOUIREIEN7S CF CHAPTER 52 —_55 -320 fAC, h a ' ' 1 nxawn er. ✓rew d.WaYrcwl.r PIO nsLn. -y BrFlEOa ��, •loTYlrx �f¢w6 NS GIir�o.Yyske�tl�� wIOHAL .u�� SHCET No- sNfET n>tc C_3 WATER ANII &EWER PLAN t2070A nv U asanMrim � c o a N n o : x.wenrinnu�¢¢vu � cl ° G n y oPaECb IIFI H J` EEUI%4awd xE�GY1W J c ..._ Mp- oix[cinx (m.Fl.ee EexvwEJ J d n nN IFS: NO PROPOSED IMPRWEMENTS, BUILDINGS OR ANY KIND w OF CONSViL'CT3Cti CAN BE PLACED ON OR WITHIN ANY WATER, SEWER OR DRAI*IAGE EASLMENT5, UNLESS e APPROVE` HY THE CIiY GF OBLRAY BEACH 0I7Y ENGINEER. NO PROPOSE` STRUCTURES SHALL BE INSTALLED WITHIN A HORIZONTAL OISTANCE OF 70 FEET FROM ANY EXISTING OR PROPOSE` WATER. SEER OR llRAINAGE FACILRIES- FNLESS A HROVEG PY THE CITY OF DECRAY BEACH CRY F.NGINEFfl. S �p W ANY TRIES OR GHRIfES PLACED. W3'THVN WATER, SEWER OR � m DRAINAGE EASEMENTS SMALL CONFORM TO THr CfTY OF PElflAY PEACH STANOARU DEIAIL5; LD NO VALVES SHALL BE CONSTRUCTED IM GUTTERS ❑R c[ O V x CURBS, O ALL WATER —MAW INSTALLATION SHALE COMPLY WITH THE REOUIREIEN7S CF CHAPTER 52 —_55 -320 fAC, h a ' ' 1 nxawn er. ✓rew d.WaYrcwl.r PIO nsLn. -y BrFlEOa ��, •loTYlrx �f¢w6 NS GIir�o.Yyske�tl�� wIOHAL .u�� SHCET No- sNfET n>tc C_3 WATER ANII &EWER PLAN t2070A ' ' 1 nxawn er. ✓rew d.WaYrcwl.r PIO nsLn. -y BrFlEOa ��, •loTYlrx �f¢w6 NS GIir�o.Yyske�tl�� wIOHAL .u�� SHCET No- sNfET n>tc C_3 WATER ANII &EWER PLAN t2070A w, ITT VOMM I a 9 7� R70--t El H MM'Ag Zvi, w. mw gZ-"�Mm pw�l 77 rut xuxs I u '-wmnaw WATER AND SEWER DETAILS :D V) 0 14 1 WV SHEET Ha C-4 1201c ,A r }f I `i7 ip, mil I r }f I `i7 ip, _ u,ain�� arxancRnor�s tumca�nr uw�+ns I I i I s . . _ as .. twres a. u•�. STRIPPING & SIGNAGE .s k U Z` H 3 � O Ly- v J a `n .A u a 9 m� � m SF1f� No. G -5 l2O1OA ..... ........... ... ---------- --- ....... - ---------- ....... GRAPHIC SCALE 3Rb AN2Y-- MF < El v NOTE: CONTRACTOR TO FIELD VERIFY EXACT LOCATION` SIZE, ANu DEPTH OFALL EXISTING, UTLMES ATTIME OF CONSTRUCTION AND REPORT DISCREPANCIES TO PILLAR CONSULTANTS, INC. NOTE; AO NY RE S OR SHRUBS PLACED WITHIN WATER, SEWE�RR J)RAIEME EASEMENTS, THEY SHALL 1 CONFORM T1 71E CITY OF DELRAY BEACH STANDARD 1 IFTAILS, 'D ,1 1 LO 2-2 e 0 cOA TE 3IF41;2 0 aylJpw lalla" -6 COMPOSITE PLAN 12070 TPPUCAS LE CODES ... w rums ,,. e+ , run.Iwxw1, qo ru Rnw veers .vo wnuua mo�sv.xi'rc� w[. '�c i°trnm�P:'wtm 't I e"ee ¢ irn -.l ".H .:wr[n zm[:u`im ' [t, arvp,rslta[ rex aW.uwc wan ,a spin or nwa, n[Ww i =,xnvwm , . rcnu .. oeos b fs rtn Ul u[ xtaxam ,m zxcati-rm vwt � �ioxsairmx . tn, rus of w [rt[cr =x4v9 W[ YE*ev e( con � u [ xrx,.� Mt ua:r or mVaswxu mx rx[ wrvwwf Huey vim tW ..e. ro =<aaee ns. vr. sxx °.r x._ �xwxyamx >sIm .+ �nx y °�`° Wvi a eras ier 4nqu1tt4 �N m[ vw'itoe,e wr wsm oy wteuv e, PRECOxsERt 1— RESP—IBLLITY iea�ym[ Gwiae � u gYSV mu t"AVrt am�cu�� �'Rtr�,ME NCACtwaw�[[ r nn .ai ^ `aVinnlxs ur[nnew wsnd' xr susrmwax. mtwxaxu. nxo w:exxa v. nrt,va mwmrz a a[ ao�te Rs�q -Ess pub rnq °au�21e 1O w a4x5 w+unil[6cevnfulAM"eefm�. vx kvAMLixraru [v[IAmic,Ein1 st nu'v°n� i�rilu w Mx xo�il„�ix[mcm eMVUwt III, MG?Eulous rnnlxort. trws.[anxs wo[ v ww,iw sw+[[s, . nxo rm[. sK mcix[fv cl a[m..v nu SI10P DRAWINGS u «w�,. µ.umxnra �xnanyx,rts.I.� "�x;�„ �wd.ax�w['wtp[tww rt°«.[.. ,I«r wM�ttt.xt.tm n ga'�xm as ru Winov -1 alnr [.nus Iu s ��s zlAyclWti ar R[4uAm Gia:n[v[ mPlrM[ v.L TEiaPOR!RY f' °CI {Itlr[s n rxo vn[ yWa r r.v rxc m.IC ucMx -rvr a.,u v[ .x .sccxw.v=t w,x qt xvrco N. cROJECi CLOSE OIR ww °, xuuu rmvrsmwl or nor at• er eux.r ,c.c% iir�L°"�u o[ nn°iw umiwco a:vi trw�. ac :,vii.` ®. r „? , r ME Lxowlp On SM [. mpwx°,, :,Srs'Ow.G "c °eu�n °w�nlnw";¢rx". oq`t:nxa x.. xo vI "i[�,,'mwf°c ee n�wxw xwww ;i°`[M'Pim° ie°"'n'r. ° "aww�s - em °fctri..tra of n u AVIV. w'uteL Av0 ",n[ ARUSw[ x a °aw auo wu UK + o o er ux[ xain ov.n�vr �� xnronurt svY m¢w[m Pu[a q + rpium rno tmr[I e�m+er w[tw Wax raga to m[.ue.n rs uumxx „ ,w w mar. mxx ry �� � A`esi[`in��urc Wai nul"" liu: iw' ww, mir +iu[w[`oxalitac. °ua"�"tsommil ,wr rnvd51�pc°N °�uisif1VAUS�wum [inn` rr[°�.um`'ior.ar+lii iu"f9w,'m°r a:•vars a' a, mW [ourltluv orr tausleucM1Y+. isiAw+w1°"x WWI "�kirti Mttl[invds e�m m "eo am[u0'%.ugrp Ar ray.enue� arm Taus NPAOCtn nkvAmn of rtL , + [WwYkw _. xWE mn'wm u,rt L( rxvaf alai (xw=sw =vg, er Yuomrs umirn u« aYUm M A+rcG°iwa uw w. oxc f,) wwurc -� -xu+r nr n anaa. h[, WATER DSTRI8UM} AND /OR SEWAGE FORGE MMN SYSTEM F Iq 9 MIA., mmutnn tr r vv txv ru [xrnau m Rmero um n'EWa "w[y(, m Df wup xµo sk[n xaws ri xar[mt was W rsar. was sW1 m"i1 VA':xi1L:r"'nLLLr¢'°°um!" :fiX A �twlur . ta[WJY . 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Ili[ uro/ox ]aua mine ruax twu xt Eanrn m.�o.¢ars Ir•h aR m�eA�rzri°a�° [ IWI Wo imu o[ v[sitYm my w agxxA kwwo m[srysy[lae1er +se ry. m onyAwa�n [me- rlxw +si°,o�.ie' n i�wtsF°"xsY[ "��Ax�d as�iR wluli.°��`w mD ,o tta¢+(ta'_IY cua �a[eA O• �.g��w cw"�ymi�,'.i �,.r -m er[ u,m, xcmSSYLIwI. w rive[ om� ]roia ,iu +miTp°�wI[e[�r°uA� O�D"cr °•[ ]. nnwc rm N,y %n�"ej5]pit.9 -m vn"�`u,m,� � 11Y1LS °IiSZtllss ]xx,NimoX Ho ,s nW x°[R. a/uinviw SAlwLL iz Lm¢'rs+'i°�s6YC 1��"w�]mrz XMx9 'xvia[ unrrt *r!u'ss re[ rml Is[• Wv r].atm wtl _ o•wx,� ro aww./.�a �wb, ea ,:,[n [[wwDx, ueoxiA s n�n�]rirr0vu rrs�oW.r uFSi erWiwaxi ww[�s s ul Yr <usi°rY1iso n [s a rxl. o[u[�:rcu mDr. rx- ttetu,ra. emw¢aaES..w m �� v 4C�Wx°rPm wTr uiulm�(e"if]I F"°RSUID� W'u`rai.Wxi[m SnL cwws, u INPVmxiE 4°e Rp[ umx �raae neo- Yav[s Ire wl �1La "Vr"iv6 arwu 0. wrur ylur, x op[r�siiwet�gux �iuw[ �si' i'rr sfrnW [mra� �sF�a�rxiu� M�� nlu'tlm" iT Ena c6°nr.a; niia ttm"`uvlr[ xmxwmi ,rE �R mr "Aare iux -cF�, ui unu Y°w[aWw°c rSOp,."rs' .°wwt`t ai a rw."si [em rwr aW xnx.wt ,.rl ],. rm Mc uxxx>E. '°xu°°eM'ncm" stir puwm"" w[aeno"o ioli,xirivaw+C: ia=a u+iu x� s ;.• xw�wwva No vWr oxrrym /xunn nh aw ivmuu ®siS °t,Y �IPqun sW� eryeM +uYtnfiq r�M °WiYli iuulMS ��reln0il r[ elsnum w n (s'1 mu M owsof awx xK ox a � ]1rc /+' muxrcrox vrx[ uu M pw.u, Wo xvrsc wlxlm sra[s. me m°'yl: wW°`re »[c nrm1°wr i°l"m xeutn �aw"s[r w°�'".+[.,n[s'�nwa wx°CTOt ° xw mepuyl � awu ss weswma� r awGwx � �mue� (taal v� "llE rfum se[; Iuett wri srj�a c w[ w[ [ Wowc nrllwt rJ°"nn. m [w`orzllanrix "rD 1OUrr n I .0 aw[ua"w`I`v, D w.x.re le+wxs twu °..u. .. m" —11 wcft'xilAtniu+:a na moxya. pao Ix1 Imw7em eu coxrxe mown Aw aos qcx wwr,7 m �xo[n sanPEx, sRAU tt ,xusm w x xnraac m Rc Pans rm qc rw [nl�rwi or [ wa[n w ru x rcn xrmxu ar [w[. maxw,t Nc m e[ R.wlm xuxx. Imaoltxx nxx wm,ntaa a urao,[a ' i[in�wm. mwD�wcrw� F�.a�o.}A1.s,V1°i"mwa"e "ixiulY w "o.:�:m m °nw �. .�.. r re sc"nuam mri ["°"ilmr""''Ir.iwP[°E tO`w`o A v _ . n" =,snx ro wn+w ssm F mxr mcwanl wwKx xlu ocrs[ssiq e�w m rwrc I+mmx aovro-u�razryaam nm vrnaw[M vuuES[ rn[nnyuxd, xoxuwax swu nwwwWrtM1w,.mm -n,[,m us'S a untm ms Mn,W[ xnny yr [m {ty >flus�" +iciowGvw mrssr� e [ ThR[ 1. s a [tt[ or pAS'yF+.r. swu nm [c[r I.i o�e v rulu x, nri” of "im °Ifn tou4w'ioM �N'D,eW1sx F T vA[C �wµ.l u[➢u[s. W {. u�uts��e+wu vc mslm aY nt' nu[ v[raRUUn. 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Smith, Interim City Manager DATE: February 13, 2013 SUBJECT: AGENDA ITEM 10.E. - REGULAR COMMISSION MEETING OF FEBRUARY 19, 2013 WAIVER REQUESTS/ SOFA BUILDING #2 ITEM BEFORE COMMISSION Consideration of a total of four waivers for SOFA Building #2: first, a waiver request to Land Development Regulation (LDR) Section 4.4.13(17)(4)(c)(2), regarding the required building frontage and front setback along SE 2nd Avenue; second, a waiver request to LDR Section 4.6.9(13)(3)(c)(1), to reduce the required stacking distance for the two alley access driveways from the required 50' to 20'4"; third, a waiver request to LDR Section 4.6.18(13)(14)(iv)(2), to reduce the minimum transparency or glass surface along SE 2nd Avenue from the required 75% to the proposed 11 %; and fourth, a waiver request to LDR Section 4.6.18(13)(14)(vi)(4)(b), to reduce the ground level portion of the building to be dedicated for retail, office, and entertainment from the required 50% to the proposed 0 %. BACKGROUND Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body must make a finding that granting the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Waiver #1— Required Building Frontage and Setback: Pursuant LDR Section 4.4.13(F)(4)(c)(2) for a height of twenty -five feet (25') to forty-eight feet (48'), at least seventy percent (70 %) of the building frontage shall be set back a minimum of fifteen feet (15') from the property line (191'6" is required, 152'4" is proposed). The remaining length of the building shall comply with the minimum required 5' setback (82' required, 121'2" is provided). The applicant has provided the following justification with regard to this waiver request: "..Buildings in the CBD are required to provide a change in roof design, door and window rhythm and articulation, and changes in materials and textures. The design of the proposed project provides these attributes, but falls just shy of the 70% frontage setback requirement. The applicant believes that the design of the proposed building meets the intent of the code and provides for a visual aesthetic along the upper stories. The volumetric variations along the main facade add interest and movement. Approving this waiver will not detract from the streetscape ". Waiver #1 is a minor adjustment to the building setback requirements. The intent of the code is to provide a building that has architectural relief both at the street level as well as upper floors, and this development meets that intent. This waiver will not adversely affect neighboring properties or diminish the provision of public facilities. The waiver would also be supported under similar circumstances and therefore will not result in the granting of a special privilege. Thus, positive findings can be made with respect to LDR Section 2.4.7 (13)(5). Waiver #2 - Vehicular Stacking Distance: Pursuant to LDR Section 4.6.9(1))(3)(c)(1), the minimum stacking distance between a right -of -way and the first parking space for a parking area that has 51 or more parking spaces is 50'. The proposed 97- space parking garage provides two access driveways along the alley which do not provide the minimum stacking distance between the alley right -of -way and the first parking space of the parking area. Both the northern and southern access driveways provide less than the 50' minimum required (20' -4" is proposed). The applicant has requested a waiver to this LDR requirement. In support of the waiver request the applicant has provided the following statement: "....This is an urban project that proposes access from a rear alley and not a street. Vehicular access to the site will not be subject to the higher speed traffic typically necessitating a fifty (50) foot stacking requirement. Also, the nature of the residential use is that residents come and go at differing times and not all at once as is typical for an office use... " The two ingress /egress points provided from the alley right -of -way are the two primary points of entry into the parking garage. This is a private parking garage that will not support office or retail space nor will it be for public use. The residential nature of the development means that there will not be a constant flow of vehicles from the parking spaces along these two driveway points of access. A 50' stacking distance is more appropriate for a commercial use, where peak hour traffic demands are greater. Similar waivers have been approved for other projects in the CBD District, including Miraflores multiple family residential development, Atlantic Shores multiple family residential development, Saxena White office building, The Mark Mixed Use building, and West 5th Condos multiple family residential development. Thus, the reduced stacking distance should not result in the creation of an unsafe situation and will not adversely affect the neighboring area or diminish the provision of public facilities. This waiver would also be supported under similar circumstances and therefore will not result in the granting of a special privilege. Thus, positive findings can be made with respect to LDR Section 2.4.7 (13)(5). Waiver #3 - Minimum Transparency or Glass Surface Area: Pursuant to LDR Section 4.6.18 (13)(14)(iv)(2), the minimum transparency or glass surface area on the ground floor wall area of all non - residential and mixed -use buildings shall be a minimum of 75% of the wall area for that elevation. All storefronts or glass areas abutting the street shall be transparent. The building ground floor transparency along SE 2nd Avenue is 11% while 75% is required. The proposed east elevation for the SOFA Building #2 does not meet the LDR requirement, and thus, the applicant has requested a waiver. In support of the waiver request the applicant has provided the following statement: "....The Applicant is proposing a residential parking garage on the ground floor with a lobby area for residents fronting S.E. 2nd Avenue and two driveway points of access facing the west alley r -o -w. Although the lobby area will feature a large impact resistant front -door system, and the rest of the east elevation will feature seven decorative art windows and ten air ventilation openings. The applicant has proposed 11 % glazing, which is appropriate for the proposed use and a residential development. The granting of this waiver does not adversely affect the neighboring area, nor does it diminish the provision of public facilities or create an unsafe situation. Granting of this waiver does not result in any special privilege to the applicant denied other property owners with similar circumstances as any other residential development in the CBD district, in the same situation would have the same issue and, upon providing satisfactory justification to the criteria would be granted a similar waiver..... " The intent of this requirement is to assure that the street facades remain customer friendly and encourage pedestrian traffic and this east facade meets the intent of this requirement. Granting the requested waiver will not have an adverse effect on the neighboring area, diminish the provision of public facilities, or create an unsafe situation. This waiver would also be supported under similar circumstances and therefore will not result in the grant of a special privilege. Consequently, a positive finding with respect to LDR Section 2.4.7(B)(5) can be made. Waiver #4 — Requires Fifty Percent (50 %) of the Garage Portion of the Building to be Dedicated to other Uses: LDR Section 4.6.18(B)(14)(vi)(4)(b), requires that fifty percent (50 %) of the garage portion of the building on the ground level is to be dedicated to use for retail, office, entertainment or other non- residential uses. The applicant is requesting a waiver to reduce this percentage from the required 50% to zero percent (0 %). In support of the waiver the applicant has provided the following statement: "....The Applicant is proposing a residential parking garage on the ground floor with a lobby area for residents fronting S.E. 2nd Avenue and two driveway points of access facing the west alley r -o -w. The lobby area will feature a large impact resistant front -door system. The requirements for the garage portion of the building on the ground level to be dedicated to use for retail, office, entertainment or other non - residential usesis customarily associated with commercial and retail uses and not residential, and its associated service facilities, such as a ground floor parking garage, a typical use where a certain degree of privacy is desired for safety reasons. The applicant has proposed seven decorative art windows and ten air ventilation openings, with 11 % glazing, which is appropriate for the proposed use and a residential development...... " The use of the building in the ground floor level includes a ground floor parking garage which is an accessory use associated with the proposed residential development. The requirement for the garage portion of the building on the ground level to be dedicated to use for retail, office, entertainment or other non - residential uses are customarily associated with commercial, retail, office mixed use development and not residential uses. Granting the requested waiver will not have an adverse effect on the neighboring area, diminish the provision of public facilities, or create an unsafe situation. This waiver would also be supported under similar circumstances and therefore will not result in the grant of a special privilege. Consequently, a positive finding with respect to LDR Section 2.4.7(B)(5) can be made. REVIEW BY OTHERS December 19, 2012 in conjunction with review of the proposed SOFA Building #2 residential development. After a brief discussion, the Board moved a recommendation of approval of all waivers on a unanimous vote of 6 -0. A detailed description and analysis of the proposal is contained within the attached SPRAB staff report December 19, 2012. RECOMMENDATION By Separate Motions: Waiver #1• Move approval of the waiver requests to LDR Section 4.4.13(F)(4)(c)(2) to allow: Along SE 2nd Avenue: For a height from 25' feet to 48' feet': -To allow an decrease in the required building frontage setback at 15' minimum from the required 191'6" to the proposed 152'4"; and -To allow an increase in the remaining length of the building frontagesetback at 5' min. from the required 82' to the proposed 121'2 ". Waiver #2_ Move approval of the waiver request to LDR Section 4.6.9(D)(3)(c)(1) to reduce the minimum stacking distance between the west alley right -of -way and the first parking space for the two access alley driveways from the required 50' to the proposed 20' -4 ".by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with LDR Section 2.4.7(B) (5); Waiver #3• Move approval of the waiver request to LDR Section 4.6.18 (B)(14)(iv)(2), to reduce the building ground floor elevation transparency along SE 2nd Avenue from the required 75% to the proposed 11 %, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with LDR Section 2.4.7(B) (5). Waiver #4• Move approval of the waiver request 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, and entertainment from the required 50% to the proposed 0 %, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with LDR Section 2.4.7(B) (5). IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUESTS ASSOCIATED WITH SOFA BUILDING #2 1. These waiver requests associated with SOFA Building #2 came before the City Commission on February 19, 2013. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver requests for SOFA Building #2. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. WAIVER: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. A. Waiver #1 — Required Building Frontage and Setback: Pursuant LDR Section 4.4.13(F)(4)(c)(2) for a height of twenty -five feet (25') to forty -eight feet (48'), at least seventy percent (70 %) of the building frontage shall be set back a minimum of fifteen feet (15') from the property line (191' -6" is required, 152' -4" is proposed). The remaining length of the building shall comply with the minimum required 5' setback (82' -0" is required, 121' -2" is proposed). Does the waiver request meet all the requirements of 2.4.7(B)(5)? Yes No B. Waiver #2 — Vehicular Stacking Distance: Pursuant to LDR Section 4.6.9(D)(3)(c)(1), the minimum stacking distance between a right -of -way and the first parking space for a parking area that has 51 or more parking spaces is 50'. The proposed 97 -space parking garage provides two access driveways along the alley which do not provide the minimum stacking distance between the alley right -of -way and the first parking space of the parking area. Both the northern and southern access driveways provide less than the 50' minimum required (20' -4" is proposed). Does the waiver request meet all the requirements of 2.4.7(B)(5)? Yes No C. Waiver #3 — 8' Minimum Transparency or Glass Surface Area: Pursuant to LDR Section 4.6.18 (B)(14)(iv)(2), the minimum transparency or glass surface area on the ground floor wall area of all non - residential and mixed -use buildings shall be a minimum of 75% of the wall area for that elevation. All storefronts or glass areas abutting the street shall be transparent. The building ground floor transparency along SE 2nd Avenue is 11 % while 75% is required. Does the waiver request meet all the requirements of 2.4.7(B)(5)? Yes No D. Waiver #4 — Requires Fifty Percent (50 %) of the Garage Portion of the Building to be Dedicated to Other Uses: LDR Section 4.6.18(B)(14)(vi)(4)(b), requires that fifty percent (50 %) of the garage portion of the building on the ground level is to be dedicated to use for retail, office, entertainment or other non - residential uses. The applicant is requesting a waiver to reduce this percentage from the required 50% to zero percent (0 %). Does the waiver request meet all the requirements of 2.4.7(B)(5)? Yes No 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 2 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves denies the waiver request to LDRs. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 19th day of February, 2013, by a vote of in favor and opposed. ATTEST: Chevelle Nubin, City Clerk 3 Thomas F. Carney, Jr., Mayor SITE PLAN REVIEW AND APPEARANCE BOARD CITY OF DELRAY BEACH MEETING DATE: December 19, 2012 -- -STAFF REPORT - -- ITEM: SOFA Building 92 — Class V Site Plan, Landscape Plan, and Architectural Elevations associated with the construction of a four -story multiple family residential building consisting of 55 units with a 98 -space parking garage on the ground floor; installation of 6 parallel parking spaces along 2 "d Avenue; Installation of an amenity deck with planting material, trellis areas, a spa and a shallow water feature with lounge chairs, fire pits with outdoor dining areas and barbecues, a fitness - exercise room, a club house, and restrooms, all located on the 2nd floor of the building GENERAL DATA: Agent............................. Applicant ....................... Owner ....................... Location ......................... Property Size ................. Future Land Use Map.... Current Zoning ............... Henry Handler, Weiss, Handler & Cornwell P.A. Related Development, LLC. Atlantic Shores of Delray Beach West Side of SE 2nd Avenue, Approximately 80' South of SE 1"' Street (124, 138, &158 SE 2 "d Ave.) 0.85 Acres Commercial Core (CC) Central Business District (CBD) Adjacent Zoning North: Central Business District (CBD) South: Central Business District (CBD) East: Central Business District (CBD) West: Central Business District (CBD) Existing Land Use.......... Vacant land. Proposed Land Use....... Multiple Family Residential Water Service ................ Available Via a service lateral connection to the existing 8" water main located within the SE 2nd Avenue right -of -way Sewer Service ................ Available Via a service lateral connection to the existing 8" sewer main located within the west alley right-of-way. it A T L A N TI C t w - W 7 Q L; W > I - - -- S. E. 1ST 77 M d S. E. 2ND Z 0 r S.E. 3RD f li A V E. ST. r¢ w ST. The item before the Board is the approval of the following aspects of a Class V site plan request for SOFA Building #2, pursuant to Land Development Regulations (LDR) Section 2.4.5(1=): ❑ Site Plan; ❑ Landscape Plan; ❑ Architectural Elevations; and LI Waiver Requests. The subject property involves a 0.85 acres site which includes: The south 7' of Lot 9, Lot 10 and the north 53' of lot 11, Block 78, Delray Beach (0.425 Acres); The south 23.5' feet of Lot 11, and Lot 12, less the south 23.5 feet of said Lot 12, Block 78, City of Delray Beach, formerly known as the Town of Linton (0.236 acres); and + The south 23.5 feet of Lot 12, and the north 37 feet of Lot 13, Block 78, of Delray Beach. The property is located on the west side of S.E. 2"J Avenue, approximately 80' south of SE 1 sc Street within the Central Core area of the Central Business District (CBD). Existing development on the properties includes a one -story 4,410 sq. ft. retail store building, built in 1962; a 5,508 sq. ft. warehouse distribution facility, built in 1959; and a one -story 1,440 sq. ft warehouse structure, built in 1961. All three structures are to be demolished with the development proposal. At its meeting of November 21, 2005, the Planning and Zoning Board approved a rezoning for five different parcels involving the 0.85 acres site from CBD -RC (Central Business District — Railway Corridor) to CBD (Central Business District). At its meeting of December 13, 2005, the City Commission approved the rezoning request for the subject property from CBD -RC (Central Business District — Railway Corridor) to CBD (Central Business District). Former development on the properties included a one -story 4,410 sq. ft. retail store building, built in 1962; a 5,508 sq. ft. warehouse distribution facility, built in 1959; and a one -story 1,440 sq. ft warehouse structure, built in 1961. All three structures were demolished in 2006, and thus, the site is currently vacant. At its meeting of November 19, 2012, the Planning and Zoning Board held a public hearing for a conditional use request associated with a 55 -unit residential development known as SOFA Building #2. The conditional use associated with the development proposal was to allow a density in excess of 30 dwelling units per acre (64.70 dulac). The Board moved a recommendation of approval for the conditional use request, subject to conditions. At its meeting of December 11, 2012, the City Commission approved the conditional use request for an increased density (64.70 dulac), subject to the conditions attached herein as Appendix "C ". The City Commission also approved the waiver request to allow the number of 1- bedroom units to exceed the 30% maximum, by allowing 54.5% of the total number of units to be 1- bedroom. The associated Class V site plan for SOFA Building #2 is now before the Board for action. Site Plan Review and Appearance Board Staff Report: Meeting of 12/19/12 SOFA Building #2 - Class V Site Plan, Landscape Plan and Architectural Elevations Page 2 The development proposal incorporates the following: • Construction of a four -story residential building with a 98 -space parking garage on the ground floor; installation of 6 parallel parking spaces along 2nd Avenue; and residential dwelling units on the second, third, and fourth levels (55 dwelling units in total); • Installation of an amenity deck with extensive planting material, trellis areas, a spa and a shallow water feature with lounge chairs, fire pits with outdoor dining areas and barbecues, a fitness - exercise room, a children room, a club house, and restrooms, all located on the 2nd floor of the building; • Installation of a loading area located to the east side of the property along SE 2nd Avenue; Installation of two bicycle parking facilities and bicycle lockers area; • Installation of sidewalk pavers, and associated landscaping. The Class V site plan application also includes the following waiver requests: A waiver to LDR Section 4.4.13fl(4)(c)(2), which requires that from a height of 25' to 48', the required building frontage along SE 2nd Avenue be setback a minimum distance of 15' needs to be a minimum of 191' (70% min. of the lot frontage 273'x0.70 = 191'). The applicant is proposing a building frontage of 152' -8" setback at 15' minimum. Thus, the waiver request is to allow a decrease in the required building frontage setback at 15' minimum from 191' to 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 "'. 2. A waiver to LDR Section 4.6.9(D)(3)(c)(1), which requires the minimum stacking distance between a street r -o -w and the first parking space in a parking lot with more than 51 spaces shall be 50'. The waiver request is to reduce the required stacking distance for the two west alley access driveways from the required 50' to 20' -4 ". 3. A waiver to LDR Section 6.13(13)(1)(f), to reduce the required width of the sidewalk in the Central Business District along SE 2nd Avenue from 8' -0" to 5' -0 "; 4. Pursuant to LDR Section 4.6.18(B)(14)(iv)(2), the minimum transparency or glass surface area on the ground floor of all non - residential buildings shall be a minimum of 75 %. The waiver request is to reduce the minimum transparency or glass surface along SE 2nd Avenue from the required 75% to the proposed 11 %. 5. A waiver to LDR Section 4.6.18(13)(14)(vi)(4)(b) which requires fifty percent (50 %) of the garage portion of the building on the ground level to be dedicated to use for retail, office, entertainment or other non - residential uses. The waiver request is to reduce from the required 50% to 0% the ground level portion building to be dedicated for retail, office, and entertainment. 6. A waiver to LDR Section 4.6.16(H)(3)(d) which requires a minimum five foot (5) landscape buffer separating a parcel boundary line and a vehicular use area. The waiver Site Plan Review and Appearanc, Joard Staff Report: Meeting of 12/19/12 SOFA Building #2 - Class V Site Plan, Landscape Plan and Architectural Elevations Page 3 request is to reduce from 5' to 3' -8" the landscape buffer at the rear of the property adjacent to the alley. Provided: Buildinq Setbacks (min.): Front (East) See Discussion Below Rear (West) 10' 10' Side Interior (North) 0' 0' Side Interior (South) 0' 0' Building Height:- 48' 48' Open Space. 10% 13.2% Floor Area (min.): Efficiency 400 sq. ft. 586-671 One Bedroom 600 sq. ft. 774 Two Bedroom 900 sq. ft. 1,049 — 1,286 Three Bedroom 1,200 sq. ft. NIA Four Bedroom 1.500 so. ft. NIA Building Frontage and Setbacks: Pursuant to LDR to Section 4.4.13(F)(4)(b), for those buildings fronting on other rights -of -way in the CBD the following regulation applies: Lower Levels - Ground floor to twenty -five feet (25'): A minimum of seventy percent (70 %) and a maximum of ninety percent (90 %) of the building frontage shall be set back no greater than ten feet (10') from the property line. The remaining length of the building shall be set back a minimum of fifteen feet (15') from the property line. Upper Levels - above twenty -five feet (25') to forty -eight feet (48'): At least seventy percent (70 %) of the frontage shall be set back a minimum of fifteen feet (15') from the property line. The remaining length of the building shall comply with the minimum required setbacks. The floor area for each floor contained within the portion of the structure that is twenty -five feet (25) to forty -eight feet (48) in height shall not exceed seventy percent (70 %) of the floor area contained within the allowable ground level footprint. The following table indicates that the development proposal partially complies with the requirements of LDR Section 4.4.13(F)(4)(c)(2) with regard to Building Frontage and Front Setbacks: Site Plan Review and Appearant._ .3oard Staff Report: Meeting of 12/19/12 SOFA Building #2 - Class V Site Plan, Landscape Plan and Architectural Elevations Page 4 The table above indicates that the proposed development meets the requirements of the LDR Section 4.4.13(F)(4)(c)(2) for a height from finished grade to 25' feet. However, for a height from 25' feet to 48' feet, the minimum building frontage recLuired_is 191' (70 % minimum) while the applicant has provided 152' -8 ", and the remaining length is to be 82' but 121' -4" is proposed. Thus, the applicant has requested a waiver to LDR Section 4.4.13(F)(4)(c)(2). Waiver #1 - Analysis: Pursuant to LDR Section 2.4.7(6) (5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. The applicant is requesting 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 152' -8" and to allow an increase for the remaining length of the building frontage setback at 5' min, from the required 82' to 121' -4 ". The applicant has provided the following justification with regard to waiver request: "..Buildings in the CBD are required to provide a change in roof design, door and window rhythm and articulation, and changes in materials and textures. The design of the proposed project provides these attributes, but falls just shy of the 70% frontage setback requirement. The applicant believes that the design of the proposed building meets the intent of the code and provides for a visual aesthetic along the upper stories. The volumetric variations along the SQFA buildin 9 2 SE 2 :: Avenue: percentage _ Re+qulired Proposed Gopharce Road and!`Lot 6uildin 9 of Buildm g Re ulred q. Bu�ltl�ng Frontagge Heilght Frontage Setback Frontage at Building hiz ..... .... irnin &;tnaxj ;: V e`t�7ack Frontages 70% min 191.45' From 10' max 210' -0" 90% max 246.15' Grade to Remaining 25' 15' min 27.35' — 82.05' 61' -8" Length SE 6th Avenue Above 25' Lot Frontage = to a Height 70% min 15' min 191.45' 152' -8" 273.50 of 48' Remaining 5' min 82.05' 127' -4" Length 48' and 90% min 30' min. NIA NIA above The table above indicates that the proposed development meets the requirements of the LDR Section 4.4.13(F)(4)(c)(2) for a height from finished grade to 25' feet. However, for a height from 25' feet to 48' feet, the minimum building frontage recLuired_is 191' (70 % minimum) while the applicant has provided 152' -8 ", and the remaining length is to be 82' but 121' -4" is proposed. Thus, the applicant has requested a waiver to LDR Section 4.4.13(F)(4)(c)(2). Waiver #1 - Analysis: Pursuant to LDR Section 2.4.7(6) (5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. The applicant is requesting 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 152' -8" and to allow an increase for the remaining length of the building frontage setback at 5' min, from the required 82' to 121' -4 ". The applicant has provided the following justification with regard to waiver request: "..Buildings in the CBD are required to provide a change in roof design, door and window rhythm and articulation, and changes in materials and textures. The design of the proposed project provides these attributes, but falls just shy of the 70% frontage setback requirement. The applicant believes that the design of the proposed building meets the intent of the code and provides for a visual aesthetic along the upper stories. The volumetric variations along the Site Plan Review and Appearanr -, -ioard Staff Report: Meeting of 12/19/12 SOFA Building #2 - Glass V Site Plan, Landscape Plan and Architectural Elevations Page 5 main facade add interest and movement. Approving this waiver will not detract from the streetscape ". The Central Business District requires all buildings to be placed in close proximity to rights of way, to encourage pedestrian access and to foster a uniform streetscape along major thoroughfares. While the code encourages a maximum setback of 10', the ultimate design and placement of the building appears to have been based on two principles. First, parking garage location on the ground floor level of the building to provide access from the west alley r -o -w; and second, to conceive a geometrically well - proportioned building in close proximity to SE 2nd Avenue. It appears to be important for the applicant, to recognize the need to pull the building mass closer to the street (including the upper levels, 3rd and fourth floor), and create an attractive streetscape while achieving a well proportion and economically feasible building. The site is constrained by the fact that it is bounded by two properties (to the north and south), SE 2nd Avenue to the east (front of the property), and to the west (rear) by the alley r -o -w. The site frontage along SE 2nd Avenue is approximately 273.5' wide while the depth of the site is only 135' or almost half the width of the site. This site configuration presents limitations to accommodate the 4 -story building stepping back a minimum of 70% the third floor building frontage (191') at a 15' minimum while maintaining the remaining building frontage (82') a minimum of 5'. Likewise, the need to locate the parking garage on the ground floor level with two ingress /egress driveways on the west alley r -o -w, makes it difficult to meet the required building frontages (on the upper levels of the building) while achieving a well- proportioned, visually attractive, and economically feasible solution along SE 2nd Avenue. The parking area location and unusually long configuration of the site resulted in a well - conceived and geometrically well proportion building that has in turn impacted the required building frontage for a height from 25' to 48' along SE 2nd Avenue. The applicant has attempted to meet the intent of the code by providing 152' -8 "' of building frontage setback at 15' min. (for a height of 25' to 48') where 191' are required (70% min. x 273 of lot frontage= 191'). Similarly, for the remaining length of the building the applicant has provided 121' of building frontage setback at 5' min. where 82' are required (191' +82' = 273'). The proposed building frontage and building facade along SE 2"d Avenue creates a visually attractive streetscape with a sense of an urbanized downtown development which is the intent of the CBD District Design Guidelines. Under these circumstances the waiver can be supported. The waiver will not adversely affect neighboring properties or diminish the provision of public facilities. The waivers would also be supported under similar circumstances and therefore will not result in the grant of a special privilege. Thus, positive findings can be made with respect to LDR Section 2.4.5 (13)(5). LDR Section 4.4.13 - Central Business District: Density: Pursuant to LDR Section 4.4.13(D) (12), multiple family dwelling units, excluding duplexes, at a density greater than 30 units per acre are allowed as a conditional use for CBD zoned properties located south of NE 2nd Street and north of SE 2nd Street, based upon the extent to which the proposal complies with the performance standards of LDR Section 4.4.13(1). As referenced previously, the City Commission approved a conditional use request to allow the density for the proposed development to exceed 30 units per acre to a maximum density of 64.70 dwelling units per acre, based upon the proposals ability to meet the performance standards with the following conditions: Site Plan Review and Appearam Board Staff Report: Meeting of 12/19/12 SOFA Building #2 - Class V Site Plan, Landscape Plan and Architectural Elevations Page 6 © That the outstanding technical comments listed in Appendix A" of the Conditional Use staff report are addressed prior to site plan approval; © That a contribution of approximately half the cost of a bus shelter is paid prior to certification of the site plan for the provision of a Palm Tran bus stop shelter; O That the project be responsible for payment of the full costs of improvement of the west alley; and O That a plat is processed and recorded prior to issuance of a building permit. These conditions of approval have not been addressed yet. Therefore, they have been attached as conditions of the site plan approval. Off - Street Parking: Pursuant to LDR Section 4.4.13(G)(1)(f), the parking requirements for residential units in multi- family structures located within the CBD are to be provided as follows Type of Unit Total No. of Units Spaces per Unit parking Spaces Required Efficiency unit 15 1.0 15 One bedroom unit 15 1.25 18.75 Two or more bedroom unit 25 1.75 43.75 Guest parking for the first 20 units 20 0.5 10 for units 21 -50 30 0.3 9 for units 51 and above 5 0.2 1 Totals 98 Ninety -eight (98) parking spaces are required for the proposed development. However, the site plan indicates that 97 spaces have been provided within the parking garage. Thus, the plan must be revised to provide the 98 parking spaces required before site plan certification, and thus, this is attached as a condition of approval. On Street Parking: Six (6) parallel on- street parking spaces (which include a 40' long by 10' wide loading area) are being provided along SE 2nd Avenue. The survey of the property does not depict along S.E. 2nd Avenue right -of -way any existing parallel parking spaces located on the west side of S.E. 2nd Avenue. Although available to the general public, these spaces will help meet the shorter term parking requirements of residents and guests of the project. LDR Article 4.6 - Supplemental District Regulations: Compact Parking: Pursuant to LDR Section 4.6.9(C)(1)(g), up to 30% of the required parking for any use may be designated for compact cars. The development proposal includes thirty (30) compact parking spaces located within the proposed ground floor parking garage. This represents approximately 30% of the total required spaces, thus meeting the requirement. Site Plan Review and Appearam ,oard Staff Report: Meeting of 12/19/12 SOFA Building #2 - Class V Site Plan, Landscape Plan and Architectural Elevations Page 7 Handicapped Accessible Parkina: Pursuant to LDR Section 4.6.9(C)(1)(b), special parking spaces designed for use by the handicapped shall be provided pursuant to the provisions of Florida Accessibility Code for Building Construction. Accessibility for residential structures is also covered by the Federal Fair Housing Act. Under the provisions of these codes, accessible parking must be provided at a rate of 2% of the spaces required for the residents. This equates to a requirement of two (2) accessible parking spaces (78 x 2 %). The requirement for non - resident guest spaces is addressed in the Florida Accessibility Code for Building Construction. Under this code, the twenty (20) guest spaces will require one (1) additional accessible parking space, for a total of three (3) spaces required for the proposed development. The applicant shall revised the site plan to provide three handicap parking spaces before site plan certification, and thus, this is attached as condition of approval. Additionally, the Florida Accessibility Code for Building Construction requires the height clearance of the handicap parking areas to be nine and one - half feet (9.5') high to allow the access of handicap vans. A note to this effect shall be placed on the site plan. Thus, this is attached as a condition of approval Bicycle Parking: LDR Section 4.6.9(C)(1)(c) and Transportation Element Policy D -2.2 of the Comprehensive Plan require that a bicycle parking facility be provided. The subject property is located within the City's Transportation Concurrency Exception Area (TCEA). Bicycle racks have been provided in the garage at the north and south end of the project. However, this does not completely address the intent of Policy D -2.2, which, as expressed in Goal Area D, is to provide a mechanism to encourage alternative options to automobile travel. Bicycle racks provide limited security which is better suited to short term bicycle parking. While this is appropriate for visitors and short term stops by the residents, it is not appropriate for longer term storage. For the use of bicycles to be encouraged, residents must feel that their bicycles are secure. The applicant shall revise the site plan to provide a secure storage area, such as a bike lockers area before site plan certification, and thus, this is attached as a condition of approval. Bus Shelter: As noted earlier in this report, pursuant to Transportation Element A -1.5 of the Comprehensive Plan, the applicant shall provide a contribution of approximately one -half the cost of a bus shelter prior to certification of the site plan. Thus, this is attached as a condition of approval. Lighting: A photometric plan consistent with the requirements of LDR Section 4.6.8 has been submitted. However, a light pole fixture detail needs to be provided, and thus, this is attached as condition of approval. Minimum Residential Floor Area: The following table indicates that the proposal complies with LDR Section 4.3.4(K) [Minimum residential floor area]. There are 18 efficiency dwelling units that range in size from 586 square feet to 650 square feet; 18 one - bedroom dwelling units that have 778 square feet; and 22 two - bedroom dwelling units that range in size from 1,049 square feet to 1,206 square feet. Based upon the above, this LDR requirement has been met. Site Plan Review and Appearan, ,oard Staff Report: Meeting of 12/19/12 SOFA Building #2 - Class V Site Plan, Landscape Plan and Architectural Elevations Page 8 Refuse Enclosure: Pursuant to LDR Section 4.6.6(C)(1), dumpsters, recycling containers and similar service areas must be enclosed on three sides with vision obscuring gates on the fourth side, unless such areas are not visible from any adjacent public right -of -way. The development proposal includes a trash room located on the northwest side of the building which provides a dumpster with swinging doors and is accessible from the abutting alley. The applicant has stated that maintenance personnel will transfer the trash to the dumpster. Accommodation for bins for recyclables has been provided, and thus, this LDR requirement has been met. Plat: As the development proposal includes the dedication of right -of -way for SE 2"", Avenue and the adjacent west alley r -o -w, a plat must be processed and recorded prior to issuance of a building permit; and this is attached as a condition of approval. Vehicular Stacking Distance: Pursuant to LDR Section 4.6.9(D)(3)(c)(1), the minimum stacking distance between a right -of- way and the first parking space for a parking area that has 51 or more parking spaces is 50'. The proposed 97 -space parking garage provides two access driveways along the west alley which do not provide the minimum stacking distance between the alley right -of -way and the first parking space of the parking area. Both the northern and southern access driveways provide less than the 50' minimum required. The applicant has requested a waiver to this LDR requirement. Waiver #2 - Analysis: Pursuant to LDR Section 2.4.7(6) (5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. The applicant is requesting a waiver to LDR Section 4.6.9(D)(3)(c)(1) to reduce the minimum stacking distance between the west alley right -of -way and the first parking space for the two access driveways proposed from the required 50' to the 20' -4" being proposed. .Star dard Prwidecl. Total `� Gotnp)ian'&with Sq: Ft S�q Ft Units < LI3R Re dr.reertts? DvueJrin A bit T '' e . Efficiency 400 586-671 15 • 1 Bedroom Units 600 774 15 2 Bedroom Units 900 1,049 - -1,286 25 3 Bedroom Units 1,250 NIA 0 4 Bedroom Units 1,500 NIA 0 Refuse Enclosure: Pursuant to LDR Section 4.6.6(C)(1), dumpsters, recycling containers and similar service areas must be enclosed on three sides with vision obscuring gates on the fourth side, unless such areas are not visible from any adjacent public right -of -way. The development proposal includes a trash room located on the northwest side of the building which provides a dumpster with swinging doors and is accessible from the abutting alley. The applicant has stated that maintenance personnel will transfer the trash to the dumpster. Accommodation for bins for recyclables has been provided, and thus, this LDR requirement has been met. Plat: As the development proposal includes the dedication of right -of -way for SE 2"", Avenue and the adjacent west alley r -o -w, a plat must be processed and recorded prior to issuance of a building permit; and this is attached as a condition of approval. Vehicular Stacking Distance: Pursuant to LDR Section 4.6.9(D)(3)(c)(1), the minimum stacking distance between a right -of- way and the first parking space for a parking area that has 51 or more parking spaces is 50'. The proposed 97 -space parking garage provides two access driveways along the west alley which do not provide the minimum stacking distance between the alley right -of -way and the first parking space of the parking area. Both the northern and southern access driveways provide less than the 50' minimum required. The applicant has requested a waiver to this LDR requirement. Waiver #2 - Analysis: Pursuant to LDR Section 2.4.7(6) (5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. The applicant is requesting a waiver to LDR Section 4.6.9(D)(3)(c)(1) to reduce the minimum stacking distance between the west alley right -of -way and the first parking space for the two access driveways proposed from the required 50' to the 20' -4" being proposed. Site Plan Review and Appearant oard Staff Report: Meeting of 12/19/12 SOFA Building #2 - Class V Site Plan, Landscape Plan and Architectural Elevations Page 9 The applicant has provided the following justification for the waiver request: "....This is an urban project that proposes access from a rear alley and not a street. Vehicular access to the site will not be subject to the higher speed traffic typically necessitating a fifty (50) foot stacking requirement. Also, the nature of the residential use is that residents come and go at differing times and not all at once as is typical for an office use... " Pursuant to LDR Section 4.6.9(D) (3) (c)(1), provisions are to be made for stacking such that traffic may not backup into the public street system. The development proposal has provided two ingress /egress points from the alley r -o -w with a stacking distance of 20' -4 ", which are the two primary point of entry into the parking garage for the development. This is a private parking garage that will not support office or retail space nor will it be for public use. Although the two access driveways do have a lesser stacking distance (20' -4" provided) than the required 50', the residential nature of the development means that there will not be a constant flow of vehicles from the parking spaces along these two driveway points of access. A 50' stacking distance is more appropriate for a suburban parking lot, where roads are abundant with high speed traffic. Similar waivers have been approved for other projects in the CBD District, including Miraflores multiple family residential development, Atlantic Shores multiple family residential development, Saxena White office building, The Mark Mixed Use building, and West 5t" Condos multiple family residential development. Thus, the reduced stacking distance should not result in the creation of an unsafe situation. Further, the waiver request will not adversely affect the neighboring area or diminish the provision of public facilities. This waiver would also be supported under similar circumstances and therefore will not result in the granting of a special privilege. Based on the above positive finding can be made with respect to LDR Section 2.4.7(B)(5). Loading: Loading and unloading for the project has been provided on the south side of the property in the right -of -way of SE 2nd Avenue. The City Engineer does not support the utilization of the City's right -of -way for this function nor did the DSMG. Staff notes that this is a residential use, and therefore regular use and necessity for a designated loading space is not as critical as would a supermarket, larger retail use, auto dealership, etc. Therefore, given the limited, periodic need for loading associated with residents moving in/out of the building, use of the area in SE 2nd Avenue should be sufficient. This area should show the three (3) parking spaces, which can provide dual use as occasional loading when needed. This has been added as a condition of approval. Sight Visibility Triangles: Pursuant to LDR Section 4.6.14(B)(1) when an access way intersects a public right -of -way, triangular areas shall provide unobstructed cross - visibility. The area on both sides of a driveway formed by the intersection of a driveway and an alley with a length of ten (10) feet along the driveway, a length of ten (10) feet along the alley right -of -way and the third side being a line connecting the ends of the other two lines. Visibility triangles for the two access driveway points along the west alley r -o -w have been depicted to comply with this LDR requirement. Sidewalks: Pursuant to LDR Section 6.1.3(B)(1)(f), an 8' sidewalk shall be provided on the Central Business District. The applicant is requesting a waiver to allow for a reduction from the required 8' -0" wide sidewalk to a 64' wide sidewalk along SE 2nd Avenue. Site Plan Review and AppearanL Board Staff Report: Meeting of 12/19/12 SOFA Building #2 - Class V Site Plan, Landscape Plan and Architectural Elevations Page 10 Waiver #3 - Analysis: Pursuant to LDR Section 2.4.7(B) (5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. The applicant has provided the following justification for the waiver request: "....A five foot sidewalk along SE 2n1 Avenue was previously approved as part of the previously approved development project known as 'Atlantic Shores'. A newly constructed five (5) foot wide sidewalk currently exists along SE 2°d Avenue adjacent to the site ". The Central Business District design guide lines require that all buildings be placed in close proximity to the right -of -way, to encourage pedestrian flows and access and to foster a uniform streetscape with ample sidewalks for pedestrian traffic. The adjacent land use intensity, pattern of development, as well as street section, and anticipated pedestrian traffic does warrant an 8' wide sidewalk along SE 2nd Avenue (adjacent development include The Mark mixed use building, Boueri mixed use building, Saxena White office building, and Worthing Place mixed use development). Main thoroughfares in the CBD (Central Business District) such as Atlantic Avenue, Pineapple Grove Way and the Federal Highway pairs also require an 8' wide sidewalk due to the intensity of development and anticipated volume of pedestrian traffic. The applicant is proposing a 5' wide sidewalk along SE 2nd Avenue and will be required to install the standard paver blocks sidewalk existing in the CBD district in order provide a uniform sidewalk system in the area, and thus, this attached as a condition of approval. A 5' wide sidewalk is not consistent with the adjacent intensity of development and anticipated volume of pedestrian traffic. Thus, the requested waiver cannot be supported. Granting the requested waiver will have an adverse effect on the neighboring area, diminish the provision of public facilities for the smooth and functional pedestrian movement, and may create and unsafe situation. Granting this waiver may result in the granting of a special privilege. Consequently, a positive finding with respect to LDR Section 2.4.7(6)(5) cannot be made. Right -of -Way Dedication: Pursuant to LDR Section 5.3.1 and Table T -1 of the Transportation Element of the City's Comprehensive Plan, the ultimate right -of -way width for SE 2nd Avenue is 60' and only 50' of right -of -way currently exists. For existing streets, the City Engineer, upon a favorable recommendation from the Development Management Services Group (DSMG), may require r -o- w dedications or grant reductions in right -of -way widths. However in this particular case, the applicant shall provide 5' feet r -o -w dedication along SE 2nd Avenue. The site plan and landscape plan already depict the 5' feet ultimate right -of -way width dedication required, and thus, this LDR requirement has been met. However, a condition of approval is attached that the 5' r -o -w dedication along SE 2nd Avenue be processed and recorded as part of the plat. 16' Alley. Pursuant to LDR Section 5.3.1(D)(2), the required width of an alley is 20'. Further, pursuant to LDR Section 5.3.1(D)(3), additional right -of -way width may be required to promote Site Plan Review and AppearanG Board Staff Report: Meeting of 12/19/12 SOFA Building #2 - Class V Site Plan, Landscape Plan and Architectural Elevations Page 11 public safety and welfare; to provide for storm water management; to provide adequate area for street trees; and to ensure adequate access, circulation and parking in high intensity use areas. The applicant has chosen to voluntarily provide an additional two feet (2') of right -of -way along the east alley. The proposed site plan, landscape plan and civil plans currently depict the two foot (2') right -of -way dedication. Thus, this LDR requirement has been met. However, a condition of approval is attached that the 2' r -o -w dedication for the west alley be processed and recorded as part of the plat. Architectural Standards: It is noted that pursuant to LDR Section 4.6.18(13)(14)(v), buildings subject to the Downtown Design Guidelines are required to provide a change in roof design, doors and window rhythm and articulation, and building materials or textures every 150' of building frontage. Minimum spacing between the same architectural compositions shall be 300'. It is noted that the two volumetric variations present on the east elevation (which have less than a 300' separation) can be considered to be sufficient to meet the separation in architectural compositions requirement, and thus, this LDR requirement has been met Minimum Transparency or Glass Surface Area: Pursuant to LDR Section 4.6.18 (B)(14)(iv)(2), the minimum transparency or glass surface area on the ground floor of all non - residential buildings shall be a minimum of 75 %. The proposed ground floor parking garage east elevation for the SOFA Delray Building #2 does not meet this LDR requirement, and thus, the applicant has requested a waiver to reduce the minimum transparency or glass surface along SE 2nd Avenue from the required 75% to the proposed 11 %. Waiver #4 - 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. In support of the waiver the applicant has provided the following statement: ".... The Applicant is proposing a residential parking garage on the ground floor with a lobby area for residents fronting S.E. 2nd Avenue and two driveway points of access facing the west alley r -o -w. Although the lobby area will feature a large impact resistant front -door system, and the rest of the east elevation will feature seven decorative art windows and ten air ventilation openings, the requirements for glazing transparency and minimum light transmission reductions is customarily associated with commercial and retail uses and not residential, and its associated service facilities, such as a ground floor parking garage, a typical use where a certain degree of privacy is desired for safety reasons. The applicant has proposed 11 % glazing, which is appropriate for the proposed use and a residential development. The granting of this waiver does not adversely affect the neighboring Site Plan Review and Appearanc. .soard Staff Report: Meeting of 12/19/12 SOFA Building #2 - Class V Site Plan, Landscape Plan and Architectural Elevations Page 12 area, nor does it diminish the provision of public facilities or create an unsafe situation. Granting of this waiver does not result in any special privilege to the applicant denied other property owners with similar circumstances as any other residential development in the CBD district, in the same situation would have the same issue and, upon providing satisfactory justification to the criteria would be granted a similar waiver....." A 75% minimum transparency or glass surface area is required along the east elevation of the building. The function and use of the building in the ground floor level includes a typical ground floor parking garage which is an accessory use associated with the proposed residential development. The proposed tall ceiling height (10' to allow access of emergency and handicap vehicles) on the ground floor appears to be a key element not only required by code but also for the appropriate functioning and operation of the proposed ground floor parking garage. Complying with the 75% transparency area required by the LDR along the ground floor east elevation may result not only undesirable for safety reasons but also onerous in terms of cost; no pedestrian would probably feel inclined to do window shopping in a ground floor parking garage. The percentage of surface transparency area proposed is consistent with the use and the design of the proposed residential building. The ground floor and lobby area will feature a large impact resistant front -door system, and the rest of the east elevation will feature seven decorative art windows and ten natural air ventilation and illumination openings. The requirements for glazing transparency and minimum light transmission reductions are customarily associated with commercial and retail uses and not residential uses. The main purpose of the LDR requirement is to maintain a pedestrian friendly streetscape with a retail /office environment which is not consistent with the residential use and ground floor parking garage in question. The building ground floor transparency along SE 2nd Avenue is 11 % which is appropriate for a ground floor parking garage. The Central Business District design guide lines require that all buildings be placed in close proximity to rights of way to encourage pedestrian eye contact, and to foster a uniform streetscape. The proposed level of transparency satisfies the spirit of this requirement, and thus, the requested waiver should be supported. Prior approval for a similar waiver request has been granted to Chase Bank located at 1010 north Federal Highway, and to the Boueri Mixed Use development located on SE 1St Street. Granting the requested waiver will not have an adverse effect on the neighboring area, diminish the provision of public facilities, or create and unsafe situation. This waiver would also be supported under similar circumstances and therefore will not result in the grant of a special privilege. Consequently, a positive finding with respect to LDR Section 2.4.7(B)(5) can be made. Fifty Percent (50%) of the Garage Portion of the Building to be Dedicated to other Uses: LDR Section 4.6.18(B)(14)(vi)(4)(b), requires that fifty percent (50 %) of the garage portion of the building on the ground level is to be dedicated to use for retail, office, entertainment or other non - residential uses. The applicant is requesting a waiver to reduce the percentage of the garage portion of the building dedicated to other uses (retail, office, entertainment or other non- residential uses) from the required 50% to the proposed zero percent (0 %). Waiver #f5 - 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; Site Plan Review and Appearam _�oard Staff Report: Meeting of 12/19/12 SOFA Building #2 - Class V Site Plan, Landscape Plan and Architectural Elevations Page 13 (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. In support of the waiver the applicant has provided the following statement: ".... The Applicant is proposing a residential parking garage on the ground floor with a lobby area for residents fronting S.E. 2"d Avenue and two driveway points of access facing the west alley r -o -w. Although the lobby area will feature a large impact resistant front -door system, and the rest of the east elevation will feature seven decorative art windows and ten air ventilation openings, the requirements for the garage portion of the building on the ground level to be dedicated to use for retail, office, entertainment or other non - residential uses or the requirement for glazing transparency and minimum light transmission reductions is customarily associated with commercial and retail uses and not residential, and its associated service facilities, such as a ground floor parking garage, a typical use where a certain degree of privacy is desired for safety reasons. The applicant has proposed seven decorative art windows and ten air ventilation openings, with f I% glazing, which is appropriate for the proposed use and a residential development. The granting of this waiver does not adversely affect the neighboring area, nor does it diminish the provision of public facilities or create an unsafe situation. Granting of this waiver does not result in any special privilege to the applicant denied other property owners with similar circumstances as any other residential development in the CBD district, in the same situation would have the same issue and, upon providing satisfactory justification to the criteria would be granted a similar waiver..... " Fifty percent (50 %) of the garage portion of the building on the ground level is to be dedicated for retail, office, entertainment or other non - residential uses. The function and use of the building in the ground floor level includes a typical ground floor parking garage which is an accessory use associated with the proposed residential development. The proposed tali ceiling height (10' to allow access of emergency and handicap vehicles) on the ground floor appears to be a key element not only required by code but also for the appropriate functioning and operation of the proposed ground floor parking garage. Complying with the 50% portion of the building on the ground level to be dedicated to use for retail, office, entertainment or other non- residential uses as required by the LDR along the ground floor east elevation will result in a residential development deficient in parking because half of the ground floor area would have to be dedicated to other uses. It would also result onerous in terms of costs making the project unviable and non- feasible in economic terms. Zero (0 %) percentage of area proposed on the ground level to be dedicated to use for retail, office, entertainment or other non - residential uses is consistent with the use and the design of the proposed multiple family residential building. The ground floor and lobby area will feature a welcoming social encounter area for the residents and visitors of the building. The rest of the ground floor garage elevation area will feature seven decorative art windows and ten natural air ventilation and illumination openings. The requirement for the garage portion of the building on the ground level to be dedicated to use for retail, office, entertainment or other non - residential uses are customarily associated with commercial, retail, office mixed use development and not residential uses. The Central Business District design guide lines and the Downtown Master Plan require that all buildings be placed in close proximity to rights of way to encourage pedestrian eye contact, and to foster a uniform streetscape. The proposed ground floor parking garage area with seven Site Plan Review and Appearam .soard Staff Report: Meeting of 12/19/12 SOFA Building #2 - Class V Site Plan, Landscape Plan and Architectural Elevations Page 14 decorative art windows and ten natural air ventilation and illumination openings does meet this Downtown Master Plan requirement, and thus, the requested waiver should be supported. Granting the requested waiver will not have an adverse effect on the neighboring area, diminish the provision of public facilities, or create and unsafe situation. This waiver would also be supported under similar circumstances and therefore will not result in the grant of a special privilege. Consequently, a positive finding with respect to LDR Section 2.4.7(6)(5) can be made. Landscape Buffer: Pursuant to LDR Section 4.6.16(H)(3)(d), a minimum five foot (6) landscape buffer must be provided in order to separate a parcel boundary line from a vehicular use area (alley r -o -w). The waiver request is to allow a reduction in the required landscape buffer from the required 5' to the proposed 3' -8 ". Waiver #6 - 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 site is constrained by the fact that it is bounded by two properties (to the north and south), SE 2nd Avenue to the east (front of the property), and to the west (rear) by the alley r -o -w. The site frontage along SE 2„d Avenue is approximately 273.5' wide while the depth of the site is only 135' or almost half the width of the site. The limited width of the site does impact the ability to layout improvements in a manner that would not compromise the provision of five (5) feet landscape buffer required to separate the parcel south property line from a vehicular use area, in this case the west alley r -o -w). The applicant has optimized the design of the rear parking area despite the limitation presented by the reduced width of the lot to comply with the parking requirements, and at the same time provided at least a 3' -8" landscape buffer. Further, the area under consideration will be adequately screened with an under planting of 36" high Leaf Clusia and 24" high Green Island Ficus, with 10' high Florida Tacht Palm, and Solitaire Palm trees. Based upon the above, the waiver request will not adversely affect the neighboring area, diminish the provision of public facilities, or create an unsafe situation. This waiver would also be supported under similar circumstances and thus will not result in granting a special privilege. Consequently, a positive finding with respect to LDR Section 2.4.7(B)(5) can be made. OTHER ITEMS: Street Improvement Obligations: Pursuant to LDR Section 6.1.2(A) (2) (a), when a street or alley is located on a boundary of a project, the project is responsible for providing one -half of the current costs (in cash funds) of such improvements along its property line. When access to the project is provided from a local street and/or alley, then the project must provide appropriate traffic lanes meeting requirements Site Plan Review and Appearanc ,oard Staff Report: Meeting of 12/19/12 SOFA Building #2 - Class V Site Plan, Landscape Plan and Architectural Elevations Page 15 of Section 5.3.1(C) in order to provide continuous paved access from the nearest paved street or alley to the subject property in addition to the improvements on its side of the center line of the right -of -way. The alley (16 feet right -of -way), which abuts the east property line for the subject property, is only partially improved at present. The alley must be improved to its maximum width including the 2' that will be dedicated. Therefore, based upon the above, the project is responsible for payment of the full costs of improvement of the alley, and thus, this is attached as a condition of approval. Undergrounding of Utilities: Pursuant to LDR Section 6.1.8, utility facilities serving the development shall be located underground throughout the development. A note to this effect must be placed on the site plan, and thus, this is attached as a condition of approval. Section 4.7.3 Provision of Workforce Housing Units Developers will be allowed additional density or height in exchange for providing workforce housing units, subject to the limits and requirements of this chapter. Developers will be allowed additional density, beyond the base number allowed per existing Land Development Regulations after performance standards have been met. For Sale Housing Units Pursuant to LDR Section 4.7.7, there are numerous requirements that apply to the sale of owner - occupied workforce housing units. These stipulations identify the terms under which these units need to be sold such as eligibility, occupancy, and terms of purchase. A condition of approval is attached that if the units are sold it should be done in accordance with this section. Resale and Subsequent Rentals of Affordable Units Pursuant to LDR Section 4.7.8, to maintain the availability of workforce housing units which may be constructed pursuant to the requirements of this program, numerous restrictions have been put into place on the rental or resale of workforce housing. A condition of approval is attached that the terms of resale or subsequent rentals of affordable units, pursuant to LDR Section 4.7.8, be included in the deed or restrictive covenant and recorded in the Public Records of Palm Beach County. Workforce Housing General Provisions Per LDR Section 4.7.9(a), all workforce housing units shall be situated within the development so as not to be in less desirable locations than market -rate units in the development and shall, on average, be no less accessible to public amenities. Further, per LDR Section 4.7.9(b), the workforce units must be integrated with the rest of the development and shall be compatible in exterior design, appearance, construction, and quality of materials and contain comparable HVAC systems and appliances with market rate units and provide them as standard features. All workforce housing units shall contain comparable square footage to the corresponding market -rate units. Site Plan Review and Appearanc. -oard Staff Report: Meeting of 12/19/12 SOFA Building #2 - Class V Site Plan, Landscape Plan and Architectural Elevations Page 16 Covenants Enforcement: Pursuant to LDR Section 4.7.9(g), the City of Delray Beach, its successors and assigns may enforce the covenants relating to the workforce units. No amendments to the covenants shall be made unless by written instrument approved by the City; this is attached as a condition of approval. Review and Anoroval Process: Pursuant to LDR Section 4.7.10(a), final conditions of approval shall specify that the restricted units are priced and/or rented to the eligible income group. A condition of approval is attached that requires the coordination with the Community Improvement Department on renter or buyer eligibility and housing prices for the workforce units. A landscape plan consistent with LDR Section 4.6.16 has been submitted and reviewed by the City Senior Landscape Planner. The landscape plan for the project is in excess of the minimum standards required. It demonstrates an innovative use of plant material in the design and provides useable open space and maximizes available areas for pedestrian interaction. The project offers a variety of vegetation. Landscape islands in the public right -of -ways, and brick paver sidewalks enhance the public streets adjacent to the proposed development. Decorative light fixtures, the landscape promenade, and decorative pavers are some of the common elements that add character to the proposed development. In addition, the amenity deck landscape treatment is a focal point on the west side of the structure above the parking deck. Based on the above analysis, the Landscape Plan complies with LDR Section 4.6.16, provided the technical items listed below are addressed. Landscape Plan Technical Items: While the landscape plan has accommodated most of the staff concerns, the following items remains outstanding, and must be addressed prior to building permit submittal: All canopy trees (including those within the proposed on- street landscape islands) are required to be a minimum of sixteen feet (16') in height with a seven foot (7') spread. Revise specifications. This item has not been addressed. Pigeon Plum trees will be nearly impossible to get at the required specifications above. Switch to another larger canopy species that will be easier to attain. Examples might include Japanese Fern and Pink Tabebuias. 2. Per LDR 4.6.16(H)(4), all buildings shall have foundation trees spaced so that their canopies will be touching at maturity. All palms are required to be a minimum of twenty - five feet (26) in height. All canopy trees are required to be a minimum of sixteen to eighteen feet (16' -18') in height with a seven foot (7') spread. These foundation trees shall be planted along the alley and SE 2nd Avenue. Revise planting plans and chart tabulations. This item has not been addressed. There are large gaps between canopies of trees. In addition, the size specifications have not been met. Additional trees will be required and the height specifications will have to be increased. Site Plan Review and Appearanc, Board Staff Report: Meeting of 12/19/12 SOFA Building #2 - Class V Site Plan, Landscape Plan and Architectural Elevations Page 17 LDR Section 4.6.18 (El - 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 proposed architecture style is a contemporary version of the Floribean style and includes design elements such as aluminum trellis with fabric, silver aluminum frame widows, masonry walls with score lines, 42" high cable aluminum railing, cantilever balconies, shaped parapets at different height intervals. The various roof lines are well articulated by stepping back as much as 15' -0" from the front facade of the building 41' from the rear fagade of the building, This contributes to a reduction in the perception of mass, provides a variation in design and adds significant visual interest to the elevations. In addition to the step backs and offsets provided, the architectural elevations of the structure also incorporate diversity in color, four different shapes of windows and two door shapes, two different types of covered balconies, decorative aluminum grill/vents, decorative balcony railings, and exposed concrete overhangs, and decorative brackets. The proposed structure includes the parking garage on the ground floor, to the rear of the building with two ingress /egress driveways for the parking lot located on west alley r -o -w. The west side of the building reveals the parking area as part of the elevation with a unified architectural appearance featuring six (6) horizontal aluminum grill panels separated by decorative brackets. The parking garage elevation (west elevation) will consist of six equally spaced openings separated by structural columns with a smooth stucco finish (painted) over C.M.U. and six (6) horizontal decorative aluminum grill/vents. The openings will permit ventilation and natural light to enter into the parking garage. The east side of the building presents the parking garage as part of a unified architectural style that features a simulated stone base walls, with 4' -0" high walls for the openings, two exposed decorative concrete overhangs, and six decorative art installation with aluminum frames which makes for a visually attractive ground floor parking garage. The rhythm and proportionality of the architectural treatments create an appealing presentation and visual interest. Based upon the above, positive finding can be made with respect to LDR Section 4.6.18(E). Pursuant to LDR Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following areas: Site Plan Review and Appearanc ,oard Staff Report: Meeting of 12/19/12 SOFA Building #2 - Class V Site Plan, Landscape Plan and Architectural Elevations Page 18 LDR Section 3.1.1(A) - Future Land Use Map: The subject property has a Future Land Use Map (FLUM) designation of Commercial Core (CC) and a zoning designation of CBD which are consistent with one another. Pursuant to LDR Section 4.4.13(D) (14), multiple- family dwelling units, excluding duplexes, are permitted through the conditional use approval process at a density greater than 30 units per acre on property located south of NE 2nd Street and north of SE 2nd Street, subject to the standards and limitations of LDR Section 4.4.13(l). As discussed previously, the City Commission made positive findings with respect to the referenced performance standards at its meeting of December 11, 2012; thus positive findings can be made with respect to FLUM consistency. LDR Section 3.1.1(8) - Concurrency: As described in Appendix "A ", a positive finding of concurrency can be made as it relates to water and sewer, streets and traffic, drainage, parks and recreation, open space, solid waste, and schools. LDR Section 3.1.1(C) - Consistency (Standards for Site Plan Actions): As described in Appendix "B ", a positive finding of consistency can be made as it relates to Standards for Site Plan Actions. LDR Section 3.1.1(D) - Compliance with the Land Development Regulations: As described under the Site Plan Analysis section of this report, a positive finding of compliance with the LDR can be made when all outstanding items attached as conditions of approval are addressed. Comprehensive Plan Policies: While the City Commission made positive findings with respect to the following Objectives and Policies of the Comprehensive Plan, the following analysis is provided: Future Land Use Element Objective A -1: Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate and complies in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. There are no special physical or environmental characteristics of the land that would be negatively impacted by the proposed residential development. The development will be complimentary with the future surrounding residential and commercial developments (Saxena White, The Mark, and the Boueri Office Building, and The Strand) and will provide a customer base for the businesses on a year -round basis, which in turn will provide economic stability and growth for the downtown area. In terms of fulfilling remaining land use needs, the Housing Element of the Comprehensive Plan states the following: "One of the most important objectives of the City's overall housing policy is the establishment of housing in the downtown area. In the years since adoption of the 1989 Comprehensive Plan the downtown has changed from a somewhat sleepy, seasonally oriented shopping district to a vibrant year -round retail, service, and entertainment area with an active nightlife. A critical missing element is a significant housing development. The City recognizes the importance of providing housing in close proximity to shopping, employment, and transportation, and the need to have a residential base to support the businesses in the downtown area": Site Plan Review and Appearanc. Board Staff Report: Meeting of 12/19/12 SOFA Building #2 - Class V Site Plan, Landscape Plan and Architectural Elevations Page 19 The proposed SOFA Building #2 will help to fulfill this stated land use need by providing 55 additional dwelling units in the downtown area in close proximity to shopping, employment and transportation, and is therefore consistent with this policy. Future Land Use Element Objective C -3: The Central Business District (CBD) and surrounding neighborhoods, including A-1-A, Seacrest and Swinton Avenue represents the essence of what is Delray Beach i.e. a "village by the sea ". The continued revitalization of the CBD is essential to achieving the overall theme of the City's Comprehensive Plan by managing growth and preserving the charm. The following policies and activities shall be pursued in the achievement of this objective. Future Land Use Element Policy C -3.2: The "Downtown Delray Beach Master Plan" was adopted by the City Commission on March 19, 2002. Covering the downtown business districts surrounding the Atlantic Avenue corridor between 1 -95 and A -1 -A, it represents the citizens' vision for the growth and unification of Delray Beach, while still retaining the "village by- the -sea" character of the CBD. The Plan addresses a wide range of issues including infill development, neighborhood parks, shared parking, public art, the roadway and alleyway systems, marketing /economic development, and the need to modify the Land Development Regulations to include design guidelines to retain the character of Delray Beach. Future development and redevelopment in this area shall be consistent with the Master Plan. The following excerpts are from the Downtown Delray Beach Master Plan: On page 36 - "Increasing residential density is absolutely crucial to ensure a healthy and lasting life to the Central Core District. The residential component will be the element that will make the Central Core District evolve from a high -end leisure area for a few, to a true downtown that serves the needs of the community as a whole. It will be the factor that induces the proliferation of services for locals, today very scarce or even non- existent. " On page 38 - `In order to maintain the overall "Village Atmosphere" of the City, but at the same time create enough density to encourage a variety of local services and a more balanced mix of retail in downtown, the Master Plan's recommendation in all the reviewed cases consistently supports higher densities within the CRA's downtown district especially in the four blocks north and south of the Avenue. It is this Plan's additional recommendation to include a minimum density requirement in the zoning code. Within the downtown area, low, suburban densities will cause more harm than slightly higher ones. Within a downtown area, density is directly associated with the health and success of downtown. " As noted above, increased residential density is crucial to the long -term sustainability of the downtown. The proposed conditional use will allow a residential density of 64.7 units per acre on the subject property. This increased density equates to an additional 30 units over the base density of 30 units per acre. The development proposal will locate a total of 55 residential dwelling units of various floor plans and sizes within the downtown area. The residents of these dwellings will be able to walk to shops, restaurants, cultural areas and parks. They will interact on a regular basis with storekeepers and employees, and their neighbors. They will get to know the downtown much more intimately than the majority of Delray residents. They will play a major role as participants, in and contributors to, the downtown area community. The SOFA Delray Building #2 development proposal is consistent with Future Land Use Element Objective C-3 and Policy C -3.1 as it will facilitate the continued rehabilitation and dynamic revitalization of the CBD zoning district. Site Plan Review and Appearanc. -joard Staff Report: Meeting of 12/19/12 SOFA Building #2 - Class V Site Plan, Landscape Plan and Architectural Elevations Page 20 Transportation Element Policy A -1.5: New residential projects over 25 units and nonresidential projects over 10,000 square feet adjacent to existing or future Palm Tran bus stops shall provide an easement and install a city - approved bus shelter on site. If the project is not adjacent to a bus stop, or a bus shelter already exist, a contribution shall be made to the City in -lieu of providing the bus shelter on site. Currently, the Palm Tran Route #81 (Eastbound Atlantic Avenue) serves this site along SE 1St Street a Palm Tran with an existing bus stop at the southeast corner of SE 1St Avenue and SE 1St Street The development should contribute toward the provision of a bus shelter at this location. A contribution of approximately one -half the cost of a bus shelter must be paid prior to certification of the site plan for the development, and thus, this is attached as a condition of approval. Subject to the compliance of this condition of approval, the development will comply with Transportation Element Policy A -1.5. Transportation Element Policy D -2.2: Bicycle parking and facilities shall be required on all new development and redevelopment. Particular emphasis is to be placed on development within the TCEA Area. The subject property is located within the City's Transportation Concurrency Exception Area (TCEA), which encompasses the CBD, CBD -RC, OSSHAD, and West Atlantic Avenue Business Corridor. Bicycle racks have been provided in the garage at the north and south end of the project. However, this does not completely address the intent of the policy, which, as expressed in Goal Area D, is to provide a mechanism to encourage alternative options to automobile travel. Bicycle racks provide limited security which is better suited to short term bicycle parking. While this is appropriate for visitors and short term stops by the residents, it is not appropriate for longer term storage. For the use of bicycles to be encouraged, residents must feel that their bicycles are secure. Since adequate storage is not provided in the residential units themselves, it is recommended that a secure storage area, such as bike lockers, be provided for this purpose, and thus, this is attached as condition of approval. Subject to this condition of approval being addressed, the development will comply with Transportation Element Policy D -2.2. Open Space and Recreation Element Policy A -3.1: Tot lots and recreational areas, serving children from toddlers to teens, shall be a feature of all new housing developments as part of design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. The City may require a monetary contribution in -lieu of the provision of on -site facilities where appropriate. This policy may be waived for projects in the downtown because the City recognizes that households located in the downtown are likely to have fewer children than those located in suburban settings. Furthermore, land in the downtown is at a premium and it can be cost prohibitive to provide land intensive recreational features such as tennis courts, volleyball courts, etc. However, the proposed development does provide recreational facilities on the second level of the four story building for its residents which include an amenity deck with extensive planting material, trellis areas with removable fabric, a Jacuzzi, a spa and a shallow water feature with lounge chairs, fire pits with outdoor seating and barbecue, a fitness - exercise room, a clubhouse, restrooms, and a kid's room for younger residents. Other recreational, cultural and open space opportunities located in proximity to the SOFA Delray Building #2 development include Veteran's Park, which contains a large playground and recreational area; the Municipal Beach; Currie Commons Park, which includes a baseball field and playground; the City's Tennis Center; and Old School Square Cultural Center. As playground areas are located close by (Veteran's Park and Currie Commons Park) and other facilities are available on site that can be utilized by children, such as the pool and game room, Site Plan Review and Appearam- .Joard Staff Report: Meeting of 12/19/12 SOFA Building #2 - Class V Site Plan, Landscape Plan and Architectural Elevations Page 21 the intent of this policy has been met. Based on the above, it is appropriate to partially waive (tot lot) this requirement to provide these services entirely on site. Housing Element Objective B -2: Redevelopment and the development of new land shall result in the provision of a variety of housing types and other amenities (i.e. bike trails, parks, sidewalks) to accommodate the diverse economic makeup of the City's demographic profile, and meet the housing needs of all residents. Policies which will implement this objective include: Housing Element Policy B -2.2: The development of new adult oriented communities within the City is discouraged. New housing developments shall be designed to accommodate households having a range of ages, especially families with children, and shall be required to provide 3 and 4 bedroom units and activity areas for children ranging from toddlers to teens. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. While the proposed development will not be restricted to occupancy by adults only, it is acknowledged that downtown dwellings are not typically occupied by families with two (2) or more children. To appropriately address the market demand, this development will primarily accommodate single adults, elderly and young professional couples. Therefore, it is appropriate that the requirement to provide three (3) and four (4) bedroom units not apply under the provisions of this policy. The development will provide a mix of efficiency (studio units), one (1) and two (2) bedroom units. It is noted that the applicant sought a waiver to increase the percentage of one - bedroom units from a maximum of 30% to 54.5 %. This waiver was approved by the City Commission when they approved the conditional use on December 11, 2012. Housing Objective A -11: To assist residents of the City in maintaining and enhancing their neighborhood, the City, through public input and notification, shall take steps to ensure that modifications in and around the neighborhood do not lead to its decline, such as those described in the following policies. Housing Policy A-11.3: In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. As noted previously, the residents of this development will aid in the revitalization and economic stability of the downtown area. The introduction of additional residential dwelling units will increase safety of the area by introducing more nighttime activity and more "eyes on the street" as a deterrent to criminal behavior. While the development proposal will result in additional 32 AM and 49 PM peak hour trips onto the surrounding roadway network, the number of daily trips generated will not negatively impact the area. Based upon the above, the development proposal will be consistent with Housing Policy A -11.3. Future Land Use Element Objective C -3: The Central Business district (CBD) represents the essence of what is Delray Beach i.e. a "village like, community by the sea" The continued revitalization of the CBD is essential to achieving the overall theme of the City's Comprehensive Plan of "A City Set Apart In South Florida" The following policies and activities shall be pursued in the achievement of this objective: Site Plan Review and Appearanc. Board Staff Report: Meeting of 12/19/12 SOFA Building #2 - Class V Site Plan, Landscape Plan and Architectural Elevations Page 22 Policy C -3.1: The CBD zoning district regulations shall facilitate and encourage rehabilitation and revitalization and shall, at a minimum, address the following: ❑ Deletion of inappropriate uses; ❑ Incentives for locating retail on the ground floor with office and residential use on upper floors; ❑ Accommodating parking needs through innovative actions; ❑ Incentives for dinner theaters, playhouses, and other family oriented activities; ❑ Allowing and facilitating outdoor cafes; ❑ Incentives for mixed use development and rehabilitation; ❑ Elimination of side yard setback requirements; and ❑ Allow structural overhang encroachments into required yard areas. The development proposal will locate 55 residential dwelling units of various floor plans and sizes within the downtown area. The residents of these dwellings will be able to walk to shops, restaurants, cultural areas and parks. They will interact on a regular basis with storekeepers and employees, and their neighbors. They will get to know the downtown much more intimately than the majority of Delray residents. They will play a major role as participants and contributors to, the downtown area community. The SOFA Building #2 development proposal is consistent with Future Land Use Element Policy C -3.1 as it will facilitate the continued rehabilitation and dynamic revitalization of the CBD zoning district. Housing Obiective A -11: To assist residents of the City in maintaining and enhancing their neighborhood environment, the City shall take steps to ensure that modifications in and around the neighborhood do not lead to its decline, such as those described in the following policies. Housing Policy A -99.3: In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. As noted previously, the residents of this development will aid in the economic stability of the downtown area. However, the introduction of additional residential dwelling units will also likely improve the safety of the area by introducing more nighttime activity and more "eyes on the street" to observe what is happening in the area, which will be a deterrent to criminal activity. While the development proposal will result in additional 32 AM and 49 PM peak hour trips onto the surrounding roadway network, the number of daily trips generated will not negatively impact the area. Based upon the above, the development proposal will be consistent with Housing Policy A -11.3. LDR Section 2.4.5(F) (5) - Compatibility (Site Plan Findings): The approving body must make a finding that development of the property pursuant to the site plan will be compatible and harmonious with adjacent and nearby properties and the City as a whole, so as not to cause substantial depreciation of property values. The following table identifies the zoning designations and uses that are adjacent to the subject property: Site Plan Review and Appearanc. ,oard Staff Report: Meeting of 12/19/12 SOFA Building #2 - Class V Site Plan, Landscape Plan and Architectural Elevations Page 23 The development proposal will significantly enhance the aesthetics of the subject property unifying the parcels under a single development. Further, the neighborhood and the downtown as a whole will benefit by the inclusion of new residential dwelling units. The surrounding CBD (Central Business District) zoning designation in the north, south, east, and west is the same as the subject property. Pursuant to LDR Section 4.4.13(D)(12), multiple- family dwelling units, excluding duplexes, are permitted through the conditional use approval process at a density greater than 30 units per acre on property located south of NE 2nd Street and north of SE 2nd Street, subject to the standards and limitations of LDR Section 4.4.13(1). Positive findings that the proposed Sofa Building #1, substantially meets "Performance Standards" requirements were made with approval of the conditional use by the City Commission on December 11, 2012. A potential concern has been raised regarding noise associated with the adjacent Kevro's Art Bar. Soundproofing windows for those units located adjacent to Kevro's Art Bar shall be provided and a note to this effect shall be included on the site plan, and thus, this is attached as a condition of approval. The additional residents at this project should improve the stability of the CBD downtown neighborhood by increasing the number of "eyes on the street" in the neighborhood. The development activity should have a positive effect on redevelopment of neighboring properties. By adding to the downtown customer base, the additional residential development will also help to encourage a variety of local services and a more balanced mix of retail downtown. Based upon the above, positive findings can be made with respect to LDR Section 2.4.5(F)(5) that the proposed residential development will be compatible with the uses that prevail in the neighborhood, and will be harmonious with adjacent and nearby properties and the City as a whole, so as not to cause substantial depreciation of property values. REMEW B ,s Community Redevelopment Agency: The consensus of the Community Redevelopment Agency (CRA) was to recommend approval of the Class V Site Plan and Conditional Use request to allow a density exceeding 30 dwelling units per acre (64.7) du/ac proposed) at its meeting of November 1, 2012. Downtown Development Authority: The Downtown Development Authority (DDA) reviewed the development proposal at its meeting of November 12, 2012. The Board recommended denial of the Class V Site Plan and Conditional Use request to allow a density exceeding 30 dwelling units per acre (64.7 du/ac proposed). Courtesy Notices: Courtesy notices have been sent to the following homeowner's and/or civic associations: Zonin Use: North Central Business District (CBD) Food Processing Company South Central Business District (CBD) Kevro Art Bar and Night Club East Central Business District (CBD) Stores /Commercial /Retail West Central Business District (CBD) Future Site of Saxena White Office Building The development proposal will significantly enhance the aesthetics of the subject property unifying the parcels under a single development. Further, the neighborhood and the downtown as a whole will benefit by the inclusion of new residential dwelling units. The surrounding CBD (Central Business District) zoning designation in the north, south, east, and west is the same as the subject property. Pursuant to LDR Section 4.4.13(D)(12), multiple- family dwelling units, excluding duplexes, are permitted through the conditional use approval process at a density greater than 30 units per acre on property located south of NE 2nd Street and north of SE 2nd Street, subject to the standards and limitations of LDR Section 4.4.13(1). Positive findings that the proposed Sofa Building #1, substantially meets "Performance Standards" requirements were made with approval of the conditional use by the City Commission on December 11, 2012. A potential concern has been raised regarding noise associated with the adjacent Kevro's Art Bar. Soundproofing windows for those units located adjacent to Kevro's Art Bar shall be provided and a note to this effect shall be included on the site plan, and thus, this is attached as a condition of approval. The additional residents at this project should improve the stability of the CBD downtown neighborhood by increasing the number of "eyes on the street" in the neighborhood. The development activity should have a positive effect on redevelopment of neighboring properties. By adding to the downtown customer base, the additional residential development will also help to encourage a variety of local services and a more balanced mix of retail downtown. Based upon the above, positive findings can be made with respect to LDR Section 2.4.5(F)(5) that the proposed residential development will be compatible with the uses that prevail in the neighborhood, and will be harmonious with adjacent and nearby properties and the City as a whole, so as not to cause substantial depreciation of property values. REMEW B ,s Community Redevelopment Agency: The consensus of the Community Redevelopment Agency (CRA) was to recommend approval of the Class V Site Plan and Conditional Use request to allow a density exceeding 30 dwelling units per acre (64.7) du/ac proposed) at its meeting of November 1, 2012. Downtown Development Authority: The Downtown Development Authority (DDA) reviewed the development proposal at its meeting of November 12, 2012. The Board recommended denial of the Class V Site Plan and Conditional Use request to allow a density exceeding 30 dwelling units per acre (64.7 du/ac proposed). Courtesy Notices: Courtesy notices have been sent to the following homeowner's and/or civic associations: Site Plan Review and Appearanc.. ,,oard Staff Report: Meeting of 12/19/12 SOFA Building #2 - Class V Site Plan, Landscape Plan and Architectural Elevations Page 24 ❑ Delray Beach Chamber of Commerce ❑ Delray Citizen's Coalition ❑ Neighborhood Advisory Council Public Notice. Formal public notice was provided to property owners within a 500' radius of the subject property in conjunction with the conditional use request. Public testimony indicating support of the project was presented at the Planning and Zoning Board meeting. Letters of objection or support, if any, will be presented at the Site Plan Review and Appearance Board (SPRAB) meeting. The development proposal is associated with the construction of a four -story residential building with a 98 -space parking garage on the ground floor with 6 parallel parking spaces along SE 201" Avenue and residential dwelling units on the second, third, and fourth levels (55 dwelling units in total). The project also includes the installation of an amenity deck with extensive planting material, trellis areas, a spa and a shallow water feature with lounge chairs, fire pits with outdoor dining areas and barbecues, a fitness - exercise room, a kid's room, a club house, and restrooms, all located on the 2 "0 floor of the building; The development proposal also includes six (6) waivers requests associated with the proposed Sofa Building #2 multi- family residential development. These waiver requests have all been discussed within this staff report with recommendations to the City Commission for each of them. The provision of additional residential dwelling units within the downtown area will further the long term revitalization and stabilization of the CBD. The proposed use is consistent with the objectives and policies of the Comprehensive Plan and Chapter 3 of the LDRs. Positive findings can be made with respect to LDR Section 2.4.5(F)(5) regarding compatibility of the proposed development with the surrounding properties. The proposed use will be consistent with the objectives and policies of the Comprehensive Plan and Chapter 3 of the LDR, provided the attached conditions of approval are addressed. l 12 K . ' '�► E�fS r h. {�1 LTERNTI i A. Move postponement of the waiver requests, Class V site plan, landscape plan and architectural elevations for SOFA Building #2, by electing to continue with direction. B. Move approval of the waiver requests, Class V site plan, landscape plan and architectural elevations for SOFA Building #2, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(F), 2.4.7(B)(5), (waivers requests) and Chapter 3 of the Land Development Regulations, subject to conditions. C. Move denial of the waiver requests, Class V site plan, landscape plan and architectural elevations for SOFA Building #2, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet criteria set forth in Sections 2.4.5(F), 2.4.7(8)(5), (waivers requests) and Chapter 3 of the Land Development Regulations. (Motion to be made in the affirmative) Site Plan Review and Appearanc, . oard Staff Report: Meeting of 12/19/12 SOFA Building #2 - Class V Site Plan, Landscape Plan and Architectural Elevations Page 25 By Separate Motions: Waiver Reauests: Waiver #?: Move a recommendation of approval to the City Commission of the waiver request 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 "', by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with LDR Section 2.4.7(B)(5). Waiver #2: Move a recommendation of approval to the City Commission of the waiver request 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" , by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with LDR Section 2.4.7(B)(5). Waiver #3: Move a recommendation of denial to the City Commission of the waiver request to LDR Section 6.1.3(B)(1)(f), to reduce the required width of the sidewalk in the Central Business District along SE 2nd Avenue from the required 8' -0" to the proposed 5' -0 ", by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with LDR Section 2.4.7(B)(5). (Motion to be made in the affirmative) Waiver #4: Move a recommendation of approval to the City Commission of the waiver request to LDR Section 4.6.18(B)(14)(iv)(2), to reduce the minimum transparency or glass surface on the ground floor elevation along SE 2nd Avenue from the required 75% to the proposed 11%, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with LDR Section 2.4.7(B)(5). Waiver #5: Move a recommendation of approval to the City Commission of the waiver request 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 %, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with LDR Section 2.4.7(6)(5). Waiver N. Move a recommendation of approval to the City Commission of the waiver request 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 ", by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with LDR Section 2.4.7(B)(5). Class V Site Plan: Move approval of the Class V site plan for SOFA Building #2, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Site Plan Review and AppearanL .,oard Staff Report: Meeting of 12/19/12 SOFA Building #2 - Class V Site Plan, Landscape Plan and Architectural Elevations Page 26 Comprehensive Plan and meets criteria set forth in Sections 2.4.5(F) and Chapter 3 of the Land Development Regulations, subject to the following conditions: 1. That five (5) copies of revised plans are submitted addressing the Outstanding Conditions of the Conditional Use Approval as indicated in Appendix "C ", as well as, addressing all conditions of approval, and Engineering technical items included in this staff report; 2. That the project will be responsible for payment of the full costs of improvement of the west alley. When access to a project is provided from a local alley, then the project must provide appropriate traffic lanes meeting requirements of Section 5.3.1(C) in order to provide continuous paved access from the nearest paved street to the subject property; 3. That the height clearance of the handicap parking areas must be nine and one -half feet (9.5') high to allow the access of handicap vans and a note to this effect shall be placed on the site plan; 4. That since adequate bicycle storage is not provided in the residential units themselves, it is required that a secure bicycle storage area, such as bike lockers, be provided; 5. That a light pole fixture detail shall be provided; 6. That the loading area shown within the SE 2nd Avenue right -of -way be modified to show three (3) on- street spaces, and that occasional utilization for loading and unloading be permitted. 7. That the site data table, site plan, landscape plan, and all engineering plans be revised to provide the 98 parking spaces required before site plan certification; 8. That the site plan, landscape plan, and all engineering plans be revised to provide a total of three handicap parking spaces before site plan certification. 9. That a letter from the Palm Beach County School District indicating that the project meets Palm County School District concurrency is provided; 10. That soundproofing windows must be provided for those residential units located adjacent to Kevro's Art Bar and that a note to this effect shall be included on the site plan; 11. That an 8' wide sidewalk be provided along SE 2nd Avenue with the standard paver blocks in order to provide a uniform sidewalk system in the area; 12. That utility facilities serving the development shall be located underground throughout the development and a note to this effect shall be placed on the site plan; 13. That a covenant be submitted for approval by the City Attorney's Office and be recorded. 14. That if the residential units are sold it should be done in accordance with LDR Section 4.7.7; Site Plan Review and AppearanL ,oard Staff Report: Meeting of 12/19/12 SOFA Building #2 - Class V Site Plan, Landscape Plan and Architectural Elevations Page 27 15. That the terms of resale or subsequent rentals of affordable units, pursuant to LDR Section 4.7.8, be included in the deed or restrictive covenant and recorded in the Public Records of Palm Beach County; 16. That pursuant to LDR Section 4.7.9(g), the City of Delray Beach, its successors and assigns may enforce the covenants relating to the workforce units. No amendments to the covenants shall be made unless by written instrument approved by the City; 17. That pursuant to LDR Section 4.7.10(a), the restricted units are priced and/or rented to the eligible income group and that Community Improvement Department shall coordinate renter or buyer eligibility and housing prices for the workforce units; 18. That a plat is processed and recorded prior to issuance of a building permit and that the plat includes the 5' dedication of right -of -way for SE 2nd Avenue and the 2' adjacent west alley r -o -w dedication; and 19. That a contribution of approximately half the cost of a bus shelter is paid prior to site plan certification for the provision of a Palm Tran bus stop shelter; Landscape Plan: Move approval of the landscape plan for SOFA Building #2, by adopting the findings of fact and law contained in the staff report, and finding that the request meets criteria set forth in Section 4.6.16 of the Land Development Regulations, subject to the following conditions: 1. That all Landscape Technical Items are addressed and four (4) copies of the revised plans are submitted. Architectural Elevations: Move approval of the architectural elevations for SOFA Building #2, by adopting the findings of fact and law contained in the staff report, and finding that the request meets criteria set forth in Section 4.6.18(E) of the Land Development Regulations. Attachments: Appendix 'A'; Appendix B', Appendix "C'; Site Plan; Landscape Plan and Architectural Elevations. Staff Report Prepared by: Estelio Breto, Senior Planner Pursuant to LDR Section 3.1.1(B), Concurrency, as defined pursuant to Objective B -2 of the land Use Element of the Comprehensive Plan, must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Drainage: Preliminary engineering and drainage plans have been submitted with the proposed development. Drainage will be accommodated via floor drains on the ground floor of the parking garage that will then connect to an exfiltration trench system. Therefore, there appears to be no problems anticipated in accommodating on -site drainage; however, the Engineering Department does have technical comments regarding drainage that will need to be addressed at the time of site plan approval. Based upon the above, positive findings with respect to this level of service standard can be made. Parks and Open Space: The Open Space and Recreation Element of the City's Comprehensive Plan concludes that "The City will have sufficient recreation facilities at build -out to meet the adopted standards ". A park impact fee is collected to offset any impacts that the project may have on the City's recreational facilities. Pursuant to LDR Section 5.3.2, a park impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building permit for each unit. A total fee of $27,500.00 will be required of this development for parks and recreation purposes. Solid Waste: The proposed 55 dwelling units will generate a total of 28.6 tons of solid waste per year (55 units x 0.52 tons = 28.6 tons). The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals until the year 2047, thus a positive finding with respect to this level of service standard can be made. Streets and Traffic: The subject property is located within the City's Transportation Concurrency Exception Area (TCEA), which encompasses the CBD, CBD -RC, OSSHAD, and West Atlantic Avenue Business Corridor. The TCEA exempts the above - described areas from complying with the Palm Beach County Traffic Performance Standards Ordinance. Therefore, a traffic study is not required for concurrency purposes; however, a traffic statement is necessary to keep a record of trips approved in the TCEA and for calculation of traffic impact fees. A traffic statement was submitted noting the generation of 32 AM peak hour trips and 49 PM peak hour trips to the roadway network. Water and Sewer: Water service is available via service lateral connections to an existing 8" water main within S.E. 2nd Avenue right -of -way. Two (2) fire hydrants presently exist along S.E. 2nd Avenue: one at the northeast side of the property and a second one on the east side of SE 2nd Avenue r -o -w. Sewer service is available via service lateral connections to an existing 8" sanitary sewer main within SE 2nd avenue right -of -way. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build -out. Based upon the above, positive findings can be made with respect to this level of service standard. Schools: The Palm Beach County School District must approve the development proposal for compliance with the adopted Level of Service for School Concurrency. Verification from the Palm Beach County School District is pending and a written finding of approval from the School District is attached as a condition of approval. A. Building design, landscaping, and lighting (glare) shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. Not applicable Meets intent of standard X Does not meet intent B. Separation of different forms of transportation shall be encouraged. This includes pedestrians, bicyclists, and vehicles in a manner consistent with policies found under Objectives D -1 and D -2 of the Transportation Element. Not applicable Meets intent of standard X Does not meet intent C. Open space enhancements as described in Policies found under Objective B -1 of the Open Space and Recreation Element are appropriately addressed. Not applicable I X Meets intent of standard Does not meet intent D. The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood. If it is determined that the widening or modification will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted. Not applicable I X Meets intent of standard Does not meet intent E. Development of vacant land which is zoned for residential purposes shall be planned in a manner which is consistent with adjacent development regardless of zoning designations. Not applicable I X Meets intent of standard Does not meet intent 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 G. Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in the Housing Element. This shall be accomplished through the implementation of policies under Objective B -2 of the Housing Element. Not applicable Meets intent of standard X Does not meet intent H. The City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Not applicable Meets intent of standard X Does not meet intent I. Development shall not be approved if traffic associated with such development would create a new high accident location, or exacerbate an existing situation causing it to become a high accident location, without such development taking actions to remedy the accident situation. Not applicable Meets intent of standard X Does not meet intent J. Tot lots and recreational areas, serving children from toddler to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. Not applicable Meets intent of standard X Does not meet intent 1. That the applicant submit an application for Class V Site Plan Approval which at a minimum addresses the following issues identified in this staff report: a. A contribution of approximately one -half the cost of a bus shelter must be paid prior to certification of the site plan for the development. b. A secure storage area for bicycles, such as lockers, be provided for residents. c. A waiver to LDR Section 4.4.13(F)(4)(c)(2), which requires that from a height of 25' to 48', the required building frontage along SE 2nd Avenue setback a minimum distance of 15' needs to be a minimum of 191' (70% min. of the lot frontage 273'x0.70= 191'). The applicant is proposing a building frontage of 150' -4" setback at 15' minimum. Thus, the waiver request is to allow a decrease in the required building frontage setback at 15' minimum from 191' to 150 -4" and to allow an increase for the remaining length of the building frontage setback at 5' min. from the required 82' to the proposed 1214". d. Modify the site plan to provide one additional parking space to meet the parking requirements of the project. e. Modify the site plan to provide one additional handicap accessible parking space to meet the requirements of the project. f. A note shall be placed on the site plan to indicate nine and one -half feet (95) of height in the parking garage to allow the access of handicap vans. g. A waiver to LDR Section 4.6.9(D)(3)(c)(1), which requires that the minimum stacking distance between the adjacent street right -of -way and the first parking space in a parking lot with more than fifty -one (51) parking spaces shall be fifty feet (50'). The applicant has proposed 204" of stacking off of the adjacent alley, which is 29'8" less than the minimum requirement. h. The City Engineer must approve the utilization for the City's right -of -way on SE 2nd Avenue for a loading space and assure that the design does not create an unsafe situation. i. Modify the site data on the site plan to utilize the post dedication site are for the open space calculation. j. A waiver to LDR Section 6.1.3(B)(1)(f), which requires that sidewalks within the Central Business District be provided at a minimum of eight feet (8) wide. The applicant has proposed a five foot (5) sidewalk width along SE 2nd Avenue, which is three feet (3') .less than the minimum requirement. k. A plat must be processed and recorded prior to issuance of a building permit. I. A waiver to LDR Section 4.6.16(H)(3)(d), which requires a minimum five foot (5) landscape buffer separating a parcel boundary line and a vehicular use area. The applicant proposes to provide a 3'8" landscape buffer at the rear of the property adjacent to the alley, which is 1'4" less than the minimum requirement. m. A waiver to LDR Section 4.6.18(B)(14)(iv)(2), which requires that the minimum transparency or glass surface area on the ground floor shall be a minimum of seventy -five percent (75 %). The applicant has proposed 11 % transparency along SE 2nd Avenue which is less than the minimum requirement. n. A waiver to I-DR Section 4.6.18(B)(14)(vi)(4)(b), which requires fifty percent (50 %) of the garage portion of the building on the ground level to be dedicated to use for retail, office, entertainment or other non - residential uses. The applicant is proposing zero percent (0 %) of the ground level to be dedicated for retail, office, entertainment or other non - residential uses. 2. Verification from the Palm Beach County School District that the project will meet school concurrency. DRAWING INDEX I WAIVERS REQUESTED 1,) REQUESTING A WAIVER FROM LUR SECTION 6.1.3 [B)(1 }(a} TO REDUCE THE a-FOOTWIDE SIDEWALK REQu'REMENTS ALONG S.E. 2N0 AVENUE TO 5'4. 2,) REQUESTING AWAIVER FROM LOR SECTION 4, 6,1 a(B)(14}(iV)(27 TO REDUCE THE TRANSPARENCY OR GLASS SURFACE ON THE ORD UND FLOOR WALL AREA OF THE BUILDING FROM 75% TO 16 %, 3.} REQUESTING A WAIVER PROM LPR SECTION 4.6.9 (D)(2)(a) TO REDUCE THE STACKING DISTANCE FROM Ed-D' To 20'4" 4) REQUEST' WAIVER FROM LOR SECTION 4 4,13 (O }(12) TO INCREASE THE DENSITY FROM 30 UNITS TO THE ACRE TO 68 UNITS TO THE ACRE. 5) REQUE871NSA WAIVER FROM LOR SECTION 4 .7.9(1) TO INCREASE THE NUMBER OF ONE BEDROOM f STUDIO UNITS FROM 30% MAX TO 62% CLIENT ARCHITECT RELATED DEVELOPMENT LLC RICHARD JONES ARCHITECTURE 315 S. BISCAYNE BLVD- 10 S.E. FIRST AVENUE, SUITE 102 MIAMI FL. 33131 DELRAY BEACH, FL. 33444 TELEPHONE:3O5 -533 -0002 TELEPHONE: 561 -274 -9185 FAX: 561- 274 -9196 RICEIARDJONE9 no '��T/f /jl 1 f 1 S ofA DELRAY BUILDING 2 AR� RTECFE S.E. 2ND AVENUE x+1 Nrlw Delray Beach, Fl. 33444 µxao l,.lq,x¢oloaa U W a GENERAL NOTES PROJECT INFORMATION Q� zm MIS m,. pglPpromaavaMlasoTMa o ews ma mmgACloreawFLVlsrtrHa fro +eerancr.rwuEwF`',Hfaftcw,scra arrerwm+s, Pernu_uuo PROPOSED PROJECT', 4 -STORY APARTMENT PROJECT WITH SURFACE psCgFPPxaFS,EOI.FUCluvnwMlPnoµ fRxcfts oR Oxlasvls qpf gRESa,Ir. rNE Conm.clep PARKING AT GROUND LEVEL s�LERpI�pTMf�L'xI1Fn AxomE ggxan lMMEDIA,Etv.urc VlacNTigxcY, DRttNFVCrxos BRW Nrm,xe A,rElnla.aFM1£MdllrfmAW � _ fw. glPSUalussaxaxux aecew+ecrfo srmECOxreacv ¢n,.+rsenoc�,lowfLCaar,o,rE PVwu+- NFPAI UFC r L] w A W r } xwvnNes wxFORM roeux¢IwasrANPMO arofRircas AUrP UECwxP1�N Of mvaFwnrs, vnmsswEPPPpwEP E%cEFnons ODVERNNG COtlE: F$C 2070 EDITION. 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V/,10ga PPP CIVIL ENGINEER SURVEYOR LANDSCAPE WII PIi.LAR CONSVLTANTS, INC. DBRIEN, SUITER AND OBRIEN, INC. ARCHITECT 5230 SOUTH UNIVERSITY DRIVE 955 NW 17TH AVE. SUITE K -1 ARCHITECTURALALLIANCE COVERSIMET u} SIE, F 33 DELRAY BEACH, -27 - 401 612 S.W.4TH AVENUE DAVIE, FL 33326 TELEPHONE: 561 - 276 -4501 FORT LAUDERDALE FL. 33315 TELEPHONE: 954- 680 -6533 FAX! 561 -276 -2390 TELEPHONE'S 954 -764 -8858 CVR I_ iivNb ttC�R xnuVEN AvoYV uoTm naACH MCav THextwa —N VxsM SEE CIVIL VLµs R'Ei INl'� semne5 ELIrvE N£u'vvavvrtTT LINEhFESx xu' TvnxsFonMEH - n E vFav�ER9 bE01cATlou `j P — 6LeYxlmnaEWAY =Ave¢ -— — — ay 9 � — pp>♦P,Vy a81gACS it cvNCHF.TF SIOVwxLK 1111 nayif sY I e LevnNONOe lAw WLne aTpuenlnAL I e.10 181KE C�vi 1aLnvsev¢ +► l'm.Nµl+s-rvr, I � _- i t oil 19 FnOF£RTY LME ��I I u� I I � H �_..� ppoPeaiv lvNE + I I 5 Ala 12 c __ WewnLs MARHVb uNV e� soncK� -- -- IHt,CnFE.e Rl.LC1TNY InBOVe�sEALNNT — — .o•WIbE[o;.'c. aloeNALK -I� -�- 1 — Tld�tl ¢P PAPAllt�! ! RA® PARAIIPLP Pi�b3R'¢G'IC]a eK¢� kELVCATVn xw _ S.E. 2ND AVENUE - PAV60 +*v+PR88YARANE onFkYY I.INVnPEVn �¢ICAYINN Lv3.oCAnou ivH -I FOR nnoll lONAI.INivliMnt1M NP Site Plan/ Ground Level Plan N SCALE 111�201(9 0' l0' 20' 30' 40' aoLOR sEUw,nc+aLa� lurY E��mes sceWNo Pri oe�FLeruFxra useL .avY�o no�wo TNwLUlpvl THE veveLOVxEM. LEGAL DESCRIPTION BIKE RACl ETAII, - ,<INeaEe�ucHpnouwasc,EFEOwes .. ..» W ® ®�® aaaaaaaa. °�ar� aaa��a� W Levels 3 And 4 - 20 Units SCALE: ] "�20' U' SU' 20' 30' 40' Levels 2 - 18 Units T —�h 9 CALF: U' 10' 20' 3U' 40' BUILD NO SQLIARI; FOOTAOB GI AIZT o �cvei eul�o�w rarnaa M.—M sarr, o �EZCC� xt ee Barr, .nevoar �sar+� cpTMl6 euadl �v✓iLt IuvEr�n Ir TIPE sPR�xdEP aYaIFM vrtrxcEMR+E sinncry i mew tl MEW Nam H.93MK siffix MUM Roof Plan N SCALH; 1 "r20' Building Section sCALF; 11811=1' -0" low L1 ELEVAnON NOTBS U East Elevation North Elevation SCALF: 3132" -V-0" South Elevation I -U PLEVAUONS A-3 SCALE; 3132 " =1' -U" V H� F-E! T'REVIF.vh. ,we11 SveMHTnu 0 SCALE: 3132-F-O" I -U PLEVAUONS A-3 Studio-1 Loft/ 1 Bath SCALE: 1/4"=V-0" A/C Area— 607 SQ.F.'1- Balcony — 140 SQ.F.T BALCONY I .1.C.I LIVING 14'-0"x13'-3` SLEEPING AREA II n n !I Studio -2 Loft/ 1 Bath SCALE: 114" =1' -0" A/C Area= 650 SQ.F.T Balcony = 71 SQ.F.T Studio -3 Loft/ 1 Baits SCALE: 1/4"=1' -011 A/C Area 586 SQRT Balcony= 50 SQ.F.T BALCONY I Ir-a'x9' -n" I MASTER RICHARD JONES Nil L �+ BEDROOM LIVING ROOM "x29' I 12' -0 -G" N cl a Ii 1 A 5 � M DINING N f } L- -- -_ J o �; II 1 1 ® I © eKITCHEN BATH DP 8 G x9 IO O E[E I ! ilnit A -1 1 Bedroom / I Bath SCALE: 1/4 " =F -0,. u¢eooim 110 000ue "" Io� f-1 A/C Area= 778 SQ.F.T Balcony = 162 SQF,T oar � SUBHITfA, -9' o 1 j7 V iV[T PLANS s� A -4 W I_ 7BALCONY BALCONY MASTER LIVING ROOM SA "x12'A" BEDROOMM MASTER BEDROOM 14'-9 "x11'4' BEDROOM F2'-0 ^x14'•0" LIVING ROOM W.I,C KITCHEN i d W.IC L - - -- DINING BArH O BATH KITCHIN , O ® PAN. Unit B -1 2 Bedroom / 2 Batlt SCALE: 114 " =1' -0" A/C Area= 1206 SQ.F.T Balcony = 107 SQ.F.T I_ 7BALCONY BEDROOM I� J o -b °xF BATH Unit B -2 2 Bedroom/ 2 Bath SCALE: 114 " =1' -0" A/C Area= 1164 SQ.F.T Balcony = 190 SQ.F.T MASTER LIVING ROOM BEDROOMM F8'- Tx13, -0, 14'-9 "x11'4' W.I,C KITCHEN BEDROOM I� J o -b °xF BATH Unit B -2 2 Bedroom/ 2 Bath SCALE: 114 " =1' -0" A/C Area= 1164 SQ.F.T Balcony = 190 SQ.F.T BEDROOM 1a -a ^xl r -o" BATH Unit B -3 2 Bedroom/ 2 Bath SEEE, I /4 " =1' -0" A/C Area= 1049 SQ.F.T Balcony — 185 SQ.F.T BALCONY la' 6 "x5'4' BEDROOM MASTER BEDROOM I1'- 0 "xik' -0" LIVING ROOM l - i j� DINING BA'ix ' KITCHEN REP Unit 134 2 Bedroom/ 2 Bath SCALE. 114 " =1' -0" A/C Area= I 116 SQ.F.T Balcony =66 SQ.F.T BALCONY MASTER BEDROOM - - - - - -- 12' -0"xl V -6" W.I.C. PA DINING KITCHEN LIVING ROOM BEDROOM 1a -a ^xl r -o" BATH Unit B -3 2 Bedroom/ 2 Bath SEEE, I /4 " =1' -0" A/C Area= 1049 SQ.F.T Balcony — 185 SQ.F.T BALCONY la' 6 "x5'4' BEDROOM MASTER BEDROOM I1'- 0 "xik' -0" LIVING ROOM l - i j� DINING BA'ix ' KITCHEN REP Unit 134 2 Bedroom/ 2 Bath SCALE. 114 " =1' -0" A/C Area= I 116 SQ.F.T Balcony =66 SQ.F.T Ground Level Plan N SCALE. 1" =20` Second Level Plan N SCALE- 7 " =20' is y n iy I AiCH W) JONES _ ARCHUTCTURR l u�tinoe� i j io nooinJC w. p � 0 �U grn4 d r, f F -A W ewN 1 DnAwN� T. Ili iLar xiVl E'N' i PJ ]IMeiuBMRIJ. i!o��1 1 SETBACK U DIAGRAM A -7 Third and Fourth Level Plan N SCALE: 1 " =20' f" f MEMORANDUM TO: Mayor and City Commissioners FROM: Vincent Nolan, CEcD, Economic Development Director THROUGH: Douglas E. Smith, Interim City Manager DATE: February 15, 2013 SUBJECT: AGENDA ITEM 10.F. - REGULAR COMMISSION MEETING OF FEBRUARY 19, 2013 JOB CREATION INCENTIVE APPLICATION - ALDRIDGE CONNORS LLP ITEM BEFORE COMMISSION Provide direction to craft and offer an economic development incentive to Aldridge Connors LLP, pursuant to the established Job Creation Incentive program as established by the Delray Beach City Commission. BACKGROUND In 2012, the City Commission established the Delray Beach Economic Development Fund by adopting Resolution 21 -12. The purpose of that fund was to provide City economic development incentive funding for the local match required by the State in recruiting companies from out -of -state to Delray Beach. The funding was up to $1,000,000 designation of funds currently included within the City's unrestricted General Fund reserves. Subsequently, the City Commission budgeted an initial $100,000.00 to create additional incentives to be offered by the City for businesses relocating to Delray Beach from other areas within Florida, without participation of the State or County. It should be noted, the potential for funding in excess of the budgeted $100,000.00 was provided for in the guidelines, by way of the $1,000,000 reserve funds. One of these newly created programs is the subject of an application at this time. The City has been approached by Aldridge Connors LLP, a multi - location business law firm for assistance under the Job Creation Incentive program. The firm has in excess of 500 employees throughout the Southeast United States, largely at locations in Atlanta, GA and Boca Raton, FL. They have negotiated with a local landlord to lease 40,000 sq /ft of office space in one of the largely unoccupied office buildings along our Innovation Corridor in Delray Beach. Their negotiation has apparently been ongoing for some time with regard to this location and a second location outside of Delray Beach. Since the inception of our incentive programs last spring and fall, I have been in regular contact with the landlord and their real estate representatives to be sure they know we have incentives available. The landlord directed Mr. John "Gee" Aldridge to our attention earlier this month (2/11/13) to begin dialogue with us, to determine if an incentive could be provided to make a difference in their location selection process. Aldridge Connors is attempting to make their final decision regarding their location prior to March 1 sty and so we are under a bit of an irregular time crunch to conduct our analysis. Staff has endeavored to work expeditiously with representatives of the firm to obtain enough information for our program application, to present to you for your consideration. At the heart of it, is the relocation and new creation of approximately 250 jobs. The guidelines which the City established for this program provide that jobs created must exceed the Palm Beach County median wage which is $46,323; the average annual salary for their proposal exceeds this threshold. The program guidelines allow the City Commission to provide incentives to qualifying entities creating 100 or more new jobs in Delray Beach, at a level between $750 and $1,000 per job created. In this case, should "all" of the jobs qualify, the firm might receive incentive dollars ranging from $187,500 to $250,000 for this relocation. The flexibility in that number is to give the City Commission some leeway to acknowledge the creation of certain highly desirable classes of business, as well as higher paying positions. Aldridge Connors indicates that as per the program guidelines these dollars will be used to offset costs of building out their work space and for recruitment and training of new employees. In a different scenario, staff would prefer to take more time to evaluate and negotiate a recommended incentive with the firm before bringing it to the City Commission for consideration. The situation as presented, does not afford us the luxury of time to do so. Pursuant to discussion with the City Commission this evening, staff would propose to develop and present an incentive package with clear terms of agreement to Aldridge Connors LLP, which with their agreement and commitment to a minimum term lease of five years, would come back to the City Commission for final authorization. It should be noted that the final agreement would include verification of actual employment information, and will require the firm to maintain those employment levels for the full five -year term or require repayment of incentive dollars provided to the City of Delray Beach. RECOMMENDATION Provide direction to the City Manager and Economic Development Director to craft a specific economic development incentive package for Aldridge Connors LLP via the Delray Beach Job Creation Incentive Program with a maximum incentive amount to be authorized at $250,000.00, based upon up to 250 qualifying positions to be located in Delray Beach. ALDRIDGE CONNORS LLP MM M Z� M W: www_aclawllp.com Fifteen Piedmont Center 3575 Piedmont Road WE Suite 500 Atlanta, GA 30305 P: 404.994.7400 M F: 888.246.7307 7000 West Palmetto Park Road Suite 307 Boca Ratan, FL 33433 P: 561 .392.6391 F: 561 .392.6965 Aldridge Connors, LLP is a multi -state law firm with locations in both Atlanta, Georgia and Boca Raton, Florida. The Firm primarily represents financial institutions including, banks, mortgage servicing concerns and institutional investors, in connection with mortgage defaults, restructurings, loss mitigation, home retention and other real estate related matters. Aldridge Connors' comprehensive mortgage default practice, includes, but is not limited to, residential and commercial foreclosure and eviction proceedings, Chapter 7, 11, and 13 bankruptcy actions, the disposition of real estate owned (REO) property and commercial litigation. To better serve the growing needs of the Firm's client base, in August, 2010, Aldridge Connors opened a full service office in Boca Raton, Florida through the acquisition of Greenfield & Coomber, P.A. Greenfield & Coomber was an established Florida law firm, formed in 1991, focusing on residential and commercial real estate and related litigation. Aldridge Connors, since its inception, has focused heavily on the utilization of technology to create work flow synergies with its clients and business partners. In furtherance of the firm's mission to provide "best in class" legal representation to its clients, Aldridge Connors has developed proprietary technology and work flow systems related to the national management of eviction portfolios, national proof of claim processing, national bankruptcy management and the tracking and management of commercial litigation portfolios. With its dedicated IT professionals, Aldridge Connors remains focused on developing processes to more efficiently manage our clients' matters and to further integrate into our clients' servicing and billing systems to increase operational efficiencies across the board. Through our leading edge technology, we continue to provide cost effective representation, while still maintaining the highest degree of attorney oversight and care. The Firm's lawyers have extensive experience in handling mortgage default and real estate matters. Founding Partner, John G. Aldridge, Jr. ( "Gee "), has more than eighteen years of experience and the Firm's other partners have an average of fourteen years of experience in the mortgage banking industry. The Firm continues to maintain an "AV" Martindale Hubbell rating. In today's age of high volume, low touch firms, Aldridge Connors seeks to provide its clients with hands on representation which is now, more than ever, important in today's complex mortgage servicing environment. As a result, the Firm remains strictly committed to providing its clientele in the mortgage industry with superior communication, high touch, quality representation and detailed personal service, regardless of whether they are small investors or large servicing institutions. The Firm additionally employs a team of professionals devoted to loss mitigation solutions that help reduce losses suffered by its clients and thereby promote expansion of home ownership and retention nationwide. ALDRIDGE CONNORS I LLP As its practice continues to grow, the Firm is mindful of its reputation and the relationships that have been cultivated along the way. Our unique ability to meet the specific needs of our clients, combined with our industry perspective, experience, team approach, and personalized attention, assures our clients and business partners are provided cost effective, but more importantly, comprehensive legal counsel. A sampling of the services provided by the firm's Georgia and Florida offices are outlined below. Commercial Finance and Default The Firm has extensive experience handling transactional and default related matters involving a wide range of commercial property including, but not limited to, multi - family housing, office, retail and industrial properties. In representing a wide range of investor profiles, the Firm is on the leading edge of the industry in creating a variety of value -based solutions for our clients. We represent many of our clients on flat fee and blended hourly rate arrangements to better meet the economic challenges associated with different investment types. The Firm's attorneys have experience with commercial foreclosures and workouts including judicial and non judicial foreclosure actions, as well as receivership actions, confirmations and deficiencies, Chapter 11 bankruptcy matters and suits on notes. The Firm can assist with or manage all aspects of the commercial default/foreclosure process, including but not limited to: Commercial Foreclosure and Eviction • Reviewing loan documents to determine enforceability and available remedies • Drafting default and acceleration notices to the borrower • Reviewing title, filing title claims, and initiating title curative actions, if needed • Engaging appraisers, property inspectors, and environmental consultants • Filing receivership actions in order to have a receiver appointed to take control of the property and collect the rents • Conducting the foreclosure sale • Handling foreclosure confirmation hearings, both contested and uncontested • Seeking deficiency judgments on full recourse loans and limited recourse loans where carve -outs have triggered recourse • Evictions Workouts and Loan Modifications • Negotiating and drafting forbearance agreements • Negotiating and drafting loan modification agreements Transactional In addition to the default related matters above, the Firm also represents banks, servicers and investors in transactions involving the purchase, finance, sale, and leasing of commercial and multi - family property. The Firm can assist with or manage all aspects of a commercial transaction, including but not limited to: • Drafting and reviewing Purchase & Sale Agreements ALDRIDGE CONNORS I LLP • Drafting and reviewing loan documents • Closings • Drafting and reviewing easements • Drafting, reviewing and negotiating leases • Identifying and resolving title issues • Providing title insurance commitments and policies • Drafting, reviewing and negotiating loan /note sale agreements • Warehouse lending • Correspondent lending Residential Foreclosure The Firm's Georgia and Florida foreclosure practice is structured to provide services within all Fannie Mae, Freddie Mac, VA, FHA and private investor timelines and comply with all applicable fee guidelines associated therewith. The Firm employs proprietary systems and technology to further its ability to provide superior service. The Firm is well versed in the utilization of Desktop, Vendorscape, and Lenstar, as well as many other mortgage default servicing systems and can, at the option of its clients, bill for services rendered using the NewInvoice, IClear or other online billing systems. Specifically, the Firm's attorneys have extensive experience in the following foreclosure related areas: • Non judicial Foreclosures • Judicial Foreclosures • Personal Property Foreclosures • Title Claim and Curative Actions • Payment Disputes • Loss Mitigation, Home Retention and Alternatives to Foreclosure • Short Sales • Deeds in Lieu of Foreclosure • Confirmations and Deficiency Actions • Resolution of Issues Related to Foreclosures of Manufactured Homes • Disposition of Excess Proceeds Resulting from a Foreclosure Action • Receiverships • Senior Lien Monitoring; Second Mortgage Bidding; and Senior Payoffs /Satisfactions • Mediation and Alternative Dispute Resolution Evictions In light of new federal regulations governing eviction actions, including the Protecting Tenants at Foreclosure Act of 2009, as well as existing federal regulations affecting the eviction process, such as the Servicemembers Civil Relief Act, the Firm takes a very proactive and cautious approach in handling all eviction matters. Having attorneys and paralegals well versed in how to handle all eventualities in the process, including potential defenses and counterclaims, ensure that a client's eviction action is executed smoothly with minimal legal or reputational risk. ALDRIDGE CONNORS I LLP Accordingly, Aldridge Connors' professionals focus on the timely and effective initiation of eviction proceedings and ensuring that all steps in the eviction process are completed in a judicious fashion. On each eviction, a member of our staff keeps a timeline through which they track the exact date each step in the process should be completed. Through this proactive time line management, our staff knows exactly when to contact the clerk, judicial assistant and /or sheriff to confirm a default or order has been entered or writ executed. We are also experienced in "cash for keys" negotiations and the ancillary agreements executed in connection therewith. National Eviction Management Consistently taking a value based approach to national eviction management, the firm has recognized that it is incumbent upon the professionals managing these national eviction matters to quickly and cost effectively secure possession of the property, at all times minimizing the litigation and risk often associated with evictions. The firm utilizes a proprietary technology platform, National Default Management Systems (NDMS), which enables our staff to comprehensively and efficiently manage the entire eviction process from initial tenant communication through vacancy. This system facilitates superior communication between our attorneys, paralegals, staff, local counsel and clients which results in the shortest eviction timeframes possible. Through our extensive reporting capabilities, all areas of performance by our staff and local counsel are monitored in order to identify any potential areas of concern before they become problems. The technology, National Default Management Systems, can import referrals directly from our clients' systems or through separate data feed provided by our client. As referrals are received they appear on an Aldridge Connors, LLP paralegal dashboard. The paralegal will assign the file to one of our network of local counsel and will manage the eviction until the file is complete. We either utilize a client's designated counsel or carefully choose local counsel from our network of local counsel who consistently exceed industry standards. These local counsel will undergo specific training to use our NDMS system to ensure effective management of the referrals they receive. Our local counsel work the files assigned to them via their dashboard which contains their assigned eviction matters as well as direct messages, instructions or reminders regarding their assigned files. At any point during the eviction process our paralegals, local counsel or our clients can view the loan screen for any property and know the complete, current status of the eviction. We currently utilize the USFN guidelines for the required state specific eviction actions and their due dates. Throughout the eviction action, each event is monitored to ensure that local counsel is completing the appropriate step in accordance with industry guidelines. Automatic reminder messages are sent to local counsel and the assigned Aldridge Connors' paralegal whenever local counsel is required to take specific action in connection with any eviction matter. As events are completed, a new estimated completion date is calculated for the remaining events, thereby ensuring that each eviction is completed as quickly as possible under the given circumstances. Detailed chronologies of all events that have occurred during the eviction are listed in the ALDRIDGE CONNORS I LLP History section of the loan screen. In addition, requests for information or status updates can be sent to any contact via the Messages section. Our attorneys and paralegals recognize that in today's environment, there exists significant litigation risk with the removal of occupants post - foreclosure. With over twelve years of experience in this particular niche practice, Aldridge Connors is well positioned to effectively manage and resolve escalated issues before they become costly problems, potentially involving headline risk. Bankruptcy Aldridge Connors' Bankruptcy Department provides comprehensive legal representation for creditors affected by consumer and commercial bankruptcy filings, both locally and nationally. Our bankruptcy attorneys are recognized as leaders in the bankruptcy community and frequently participate in presentations and training programs for clients, industry leaders, trustees and other bankruptcy attorneys. Additionally, we provide custom reporting to our clients to assist in the efficient administration of their bankruptcy portfolios. Our goal is to ensure that our clients' interests are fully protected within the context of the bankruptcy. Our bankruptcy legal services include, but are not limited to: • Complex Chapter 11 representation involving multi - family, office and industrial properties • Prosecution and defense of Adversary proceedings involving Debtors • Cram Down defense • Preparation and filing of Proofs of Claims in every jurisdiction in the United States. (Aldridge Connors maintains national, jurisdictional matrices that provide specific requirements for each court and which note all trustee preferences and any local rules.) • Defending Objections to Proofs of Claim • Plan analysis and recommendations to determine the treatment of our client's interest in either the plan of reorganization or statement of intentions. If an objection is recommended, our clients are provided with a full analysis. • Review and preparation of reaffirmation agreements both locally and nationally • Analysis of debtor's bankruptcy statements and schedules to insure that debtor has complied with the requirements of the Bankruptcy Code and Rules with regard to disclosure of assets and liabilities • Motions, adversary actions, and other contested matters • Dischargeability litigation • Responses to QWRs • Monitoring and managing clients' bankruptcy portfolios on a national basis • Tracking court decisions, local rules and general orders on a national basis ALDRIDGE CONNORS I LLP Loss Mitigation In order to reduce financial losses sustained by our clients, Aldridge Connors provides loss mitigation and home retention services on pre - foreclosure and pending bankruptcy cases. We utilize a suite of loss mitigation alternatives, including a variety of home retention options, as well as several non - retention opportunities. The most frequently implemented options are: Retention Options: I. Repayment Plan This option is offered when the borrower has the ability to repay the arrears over a specified period of time. The Repayment Plan involves a down payment (a portion of the amount in arrears) and spreads the remaining arrears equally over a 6 -12 month period. We draft the repayment plans and remit to our client upon receipt of the down payment and executed agreement. II. Loan Modification A loan modification is used when our client is willing to modify the original terms and conditions of the security deed by capping the arrearage and amortizing same over the remaining loan term. This option may include an extension of the original maturity date and a possible reduction of the interest rate. Aldridge Connors collects and analyzes financial information from the borrower and submits the package with a recommendation to our client. With prior approval of our client, we can complete the modification by drafting the appropriate loan modification documents. III. Bankruptcy Loss Mitigation Aldridge Connors also offers loss mitigation options during active bankruptcy. We can solicit a debtor's attorney during an active bankruptcy at the time of post - petition default or dismissal proceedings. Once we receive the attorney's consent to work with the borrower /debtor directly, we collect financial information from borrower /debtor and monitor relief from bankruptcy (i.e. relief from stay, dismissal, motion to incur debt, motion to modify loan). Once approval is granted from our client, we then monitor the bankruptcy status for release and coordinate execution of the appropriate modification documents. Non - Retention Options: I. Short Sale Also known as pre - foreclosure sale or pre -sale, this alternative is introduced when our client is willing to accept reduced compensation (i.e. less than total payoff) on the loan. Aldridge ALDRIDGE CONNORS I LLP Connors collects the pertinent information (e.g. listing agreement, purchase and sales agreement, and appraisal information) from the borrower and then submits viable packages to our client for review and approval. We thereafter act as a liaison between our client and broker. II. Deed in Lieu of Foreclosure This alternative is available when the borrower desires to relinquish the property to our client in lieu of a foreclosure sale. This option is available only under certain circumstances and guidelines. Aldridge Connors furnishes proof of the borrower's attempts to market the property for 90 days and proof of clear title. Note: this option is only available when there is only one mortgage or lien on the property. III. Custom Tailored Programs Our firm specializes in creating custom - tailored loss mitigation programs to fit the particular needs of a client's portfolio. In creating these programs, we provide services including: • Logic to determine preferred type of solicitation • Menus of custom solicitation letters • Workout documentation • Electronic transmission of workout packages • Monitoring and reporting results of loss mitigation • Integration with foreclosure and bankruptcy workflows All custom - tailored programs work in conjunction with the servicer's system and reporting infrastructure. Aldridge Connors maintains a dedicated loss mitigation team trained to perform analysis on every case and loss mitigation opportunity. Litigation Aldridge Connors' Litigation Practice Group represents mortgage lenders and loan servicers in all manner of commercial litigation involving mortgage lending and real estate, with a particular emphasis on those matters arising during the course of the mortgage origination and default processes. With more than fifteen plus average years in the industry, the firm and its attorneys are strongly positioned to employ their commercial litigation expertise with respect to all such industry matters. Aldridge Connors practices in all federal and state courts in Georgia and Florida, as well as many other federal courts around the country. Representative cases we handle include, but are not limited to: • Commercial foreclosure, restructuring and workouts • General and complex litigation • Regulatory compliance issues (TILA, RESPA, FDCPA, etc.) and related litigation • Mortgage fraud litigation ALDRIDGE CONNORS I LLP • Mortgage fraud prevention, loss mitigation, and asset recovery • Defense of wrongful foreclosure and eviction actions • Receiverships • Landlord /Tenant litigation • Protecting creditors' rights in Chapter 7, 11, 13 bankruptcy matters, including adversarial proceedings • Civil trial and appellate practice in state and federal court • Title insurance claims and claims pursuant to Closing Protection Letters • Title curative litigation • Judicial foreclosures • Confirmation of foreclosure sales /deficiency actions • Complex loss mitigation • Municipal and county disputes, including code violation and water lien resolution and litigation • Suits on notes • Condemnations • Forfeitures • Tax sales (redemption, application for excess proceeds, and related litigation) • HOA litigation • Personal property foreclosure Real Estate Owned (REO) Services Aldridge Connors provides a full complement of residential closing services in both Georgia as well as Florida (through its title affiliate, Shore to Shore Title, Inc.). In representing banks and originators in both purchase money and refinance transactions, our lawyers always endeavor to provide comprehensive communication and timely closings to ensure the closing experience is positive for all parties involved. We also specialize in closing transactions involving real estate owned (REO) properties. We recognize the unique issues that arise in the context of an REO closing, including complex title issues. Our REO group is experienced in efficiently resolving those issues to allow clients to complete these closings in a timely manner. The REO group is also committed to customer service and prides themselves on timely and comprehensive communication with all parties involved in the transaction. -A MEMORANDUM TO: Mayor and City Commissioners FROM: Linda Karch, Director of Parks and Recreation THROUGH: Douglas E. Smith, Interim City Manager DATE: February 15, 2013 SUBJECT: AGENDA ITEM 10.G. - REGULAR COMMISSION MEETING OF FEBRUARY 19, 2013 PROVIDE DIRECTION REGARDING THE PALM BEACH COUNTY SPORTS COMMISSION PROPOSAL ITEM BEFORE COMMISSION City Commission approval to accept Palm Beach County Sports Commission recommendation to contract the services of Florida Sports Foundation, a division of Enterprise Florida, Inc., to facilitate a workshop that would enhance the City of Delray Beach as a sports destination. BACKGROUND A presentation on January 8, 2013 by Palm Beach how to promote and develop professional, amateur and attract out -of -state visitors through sports, thus Consensus by Commission was to initiate a work,, discuss promoting the City as a sports destination. County Sports Commission sporting ventures and and participatory sports for the citizens of Florida creating significant economic benefit for Florida. hop among City of Delray Beach stakeholders to The Palm Beach County Sports Commission recommends outsourcing the services of the Florida Sports Foundation to direct the workshop. The Florida Sports Foundation will preside over a 1/2 day sports destination workshop; proposed dates include April 12th and 19th. The only costs involved in Florida Sports Foundation's services would be for the City to pay their travel expenses. RECOMMENDATION Commission discretion. PALM BEACH SPORTS.COM Date: February 12, 2013 Memorandum To: Doug Smith, City Manager From: George Linley Subject: City of Delray Beach Sports Destination Workshop Per your request, to identify a facilitator, to oversee a workshop that would enhance the City of Delray Beach as a sports destination, I want to outline the following proposal: The Palm Beach County Sports Commission recommends outsourcing the services of the Florida Sports Foundation to direct the workshop. Florida Sports, as a division of Enterprise Florida, Inc., serves as the state's lead organization in promoting and developing Florida's Sports Industry. Florida Sports is a private, not - for - profit corporation operating as a division of Enterprise Florida and is overseen by Enterprise Florida's board of directors. With an endless list of sporting ventures, Florida Sports strives to globally promote Florida's unique sports industry. This organization is dedicated to serving the needs and interests of Florida's sports community. In partnership with Florida's Sports Commissions and other organization throughout the state, the main focus of Florida Sports is to promote and develop professional, amateur and participatory sports for the citizens of Florida and attract out -of -state visitors through sports, thus creating significant economic benefit for Florida. Florida Sports serves to continue the success of state's $36 billion sport industry and promotes amateur and recreational sports in Florida, carrying on Florida's rich history and tradition as a sport state. For more information on the Florida Sports Foundation, visit www.flasports.com Workshop Content: The Florida Sports Foundation will preside over a sports destination workshop and lead discussions on the following topics regarding for the City of Delray Beach: 1.) Lead a discussion to assess the City of Delray Beach's sports venues and position as a sports destination. 2.) Lead a discussion on strategies to enhance the City of Delray Beach as a sports destination. The discussion would include rationale for which events are most suitable for Delray Beach to host Just Bring Your Game Palm Beach County Sports Commission 1555 Palm Beach Lakes Blvd., Suite 1410, West Palm Beach, FL 33401— (561) 233 -318o Fax: (561) 233 -3125 www.PaImBeachSports.com and what economic impacts may be realized. The discussion could also include strategies to improve the events that Delray Beach is currently hosting. 3.) Lead a discussion on potential investments in new facilities to enhance Delray Beach's ability to increase visitors and economic impact through sporting events. 4.) Lead a discussion on potential investments in existing facilities to enhance Delray Beach's ability to increase visitors and economic impact through sporting events. 5.) Lead a discussion on how to identify niche sports markets that would afford a competitive advantage for the City of Delray Beach. 6.) Lead a discussion on how all local sport organizations and entities within the City of Delray Beach can work together to achieve the common goal. Workshop Participants: The City of Delray Beach would ultimately determine the participants for this workshop. Anticipated participants would include: 1.) Palm Beach County Sports Commission 2.) City of Delray Beach a. City Commission b. City Manager & other appropriate staff c. Parks & Recreation 3.) Delray Beach Community Redevelopment Agency 4.) Delray Beach Marketing Cooperative 5.) Local sport organizations & providers based in Delray Beach 6.) Elevate (Bucky Dent Baseball School) 7.) JCD Sports Group (Delray Beach Tennis Center) 8.) Players Int'I Management, Inc. Workshop Format: The workshop would be structured to accommodate a % day discussion (4 to 5 hours). The Florida Sports Foundation would lead an open discussion between the Delray Beach stakeholders. The proposed dates are April 12th or 19tH Florida Sports Foundation Accommodations: In order to facilitate this meeting, the Florida Sports Foundation would simply require to have their travel expenses covered. 2 Just Bring Your Game Palm Beach County Sports Commission 1555 Palm Beach Lakes Blvd., Suite 1410, West Palm Beach, FL 33401— (561) 233 -318o Fax: (561) 233 -3125 www.PaImBeachSports.com MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: Douglas E. Smith, Interim City Manager DATE: February 13, 2013 SUBJECT: AGENDA ITEM 10.H. - REGULAR COMMISSION MEETING OF FEBRUARY 19, 2013 REVISED AGREEMENT/ CHRIS EVERT CHARITIES, INC. ITEM BEFORE COMMISSION City Commission is requested to consider approval of a revised five (5) year agreement with Chris Evert Charities, Inc. for the Annual Chris Evert Pro - Celebrity Tennis Classic. BACKGROUND After the February 5, 2013 Regular Commission Meeting, we received a letter from Tami Starr, the Director of Chris Evert Charities indicating that they needed to know if we had an agreement by March 15, 2013 so they could finalize their plans for the 2013 event. They also agreed to an "opt out" clause after three (3) years provided they would receive a written notice nine (9) months prior to the event. This lead time is required for Chartities to pursue another location if needed. Attached is a revised five (5) year agreement prepared by Mr. Brian Shutt, City Attorney, for your consideration. RECOMMENDATION Staff recommends approval of the proposed revised agreement with Chris Evert Charities, Inc. CHRIS EVF,RT RAYMOND J_AQkkM J February 6, 2013 City of Delray Beach 100 NW 1st Avenue Delray Beach, Florida 33444 City of Delray Beach, This letter is in response to the "Regular Commissioners Meeting" held on February 5, 2013. During the meeting the contract renewal of the Chris Evert Pro - Celebrity Tennis Classic was discussed. Due to the Cities potential plans to remodel the Delray Beach Tennis Center in the near future, the renewal of a 5 year contract was a concern, and it was decided to take no action in regards to the renewai at this time. While Matt Jaeger, the representative for Chris Evert Charities on February 151h, was in agreement that postponing the decision would be acceptable in order to give the Commissioners' equitable time to further discuss the concern, it is imperative for the planning of the 2013 event to finalize an agreement by March 15th. Chris Evert Charities understands the concern of the City of Delray Beach and welcomes the discussed idea to include a clause into the agreement that would allow the City of Delray Beach to exit the agreement after 3 years. Chris Evert Charities would request a minimum of 9 month advance notice from the City of Delray Beach should they decide to exit after 3 years in order to give Chris Evert Charities ample to time to find an alternate hosting facility. Thank you in advance for your time and consideration. Sincerely, '9 a4y-LL SkUAA Tami Starr Director, Chris Evert Charities Chris Evert Charities, Inc. • 7200 W. Camino Real, Suite 310 • Boca Raton, FL 33433 Phone: (561) 394 -2400. Fax: (561) 394 -2479 • www.chrisevert.org AGREEMENT THIS AGREEMENT, made and entered into this day of , 20 by -&hd7 betty ' ",th ' CITY' `tW ",DEI;RAV BEACH',' ELORI�A`,' " a 'municipal corporation (hereinafter referred to as "CITY "), and CHRIS EVERT CHARITIES, INC., (hereinafter referred to as "CHARITIES ") WITNESSETH: WHEREAS, the CITY owns and controls certain property upon which is located the City of Delray Beach Municipal Tennis Center; and, WHEREAS, CHARITIES, is desirous of using the Municipal Tennis Center for the purpose of holding a sporting event to be known as the Chris Evert Pro - Celebrity Tennis Classic ( "Classic ") at the Tennis Center; and, WHEREAS, the CITY believes that holding the Chris Evert Pro- Celebrity Tennis Classic at the Municipal Tennis Center (the Site) will grant the citizenry of Delray Beach many tangible and intangible benefits; and, WHEREAS, CHARITIES understands that the CITY has. an exclusive agreement with Ticketmaster of Florida for the sale of tickets for events. NOW, THEREFORE, in consideration of the mutual premises, covenants and agreements contained herein, the parties hereby covenant and agree as follows: 1. LICENSE; TERM. The CITY hereby grants to CHARITIES for the month of November, the right and privilege to stage, use, manage and operate the municipal tennis stadium and necessary surrounding property for a two Day Classic. CHARITIES' rights shall cover an additional five (5) day period before the commencement of the Classic to set up necessary facilities and an additional 2 days after the Classic to remove necessary facilities. The term of this Agreement shall extend until December 31, 2017, however, if CHARITIES decides not to hold the Event in a particular year, CHARITIES shall not be in breach of this Agreement, provided it gives the CITY 60 days notice of its intent. The dates for the Event to be held in November of 2013 through 2017 shall be mutually agreed upon. In the instance the CITY wishes to terminate this Agreement after 2015 Event, it mgy do so with or without cause upon providing nine 9 months notice to CHARITIES.. 2. LICENSE AGREEMENT ONLY. This agreement between the CITY and CHARITIES is a license ag��emcnt, not a lease or purchase agreement, and should be construed by a court of competent jurisdiction to be a agreement only. Furthermore, this License Agreement does not grant nor is CHARITIES receiving hereunder any rights to any real property of the CITY nor any property interests except as set forth in this agreement. 3. FACILITIES AND SEI -VICES PROVIDED BY CITY. (a) Unless otherwise herein specified, CITY shall be responsible for, or agrees to provide, at no charge to CHARITIES the following facilities and production assistance in connection with the conduct of and staging of the Classic: (i) use of an 8,200 seat stadium court and three (3) practice courts throughout the Classic (the "Courts ") with "seat kills" to be in place by the CITY to reduce the seating capacity to approximately 4,000 if so desired by CHARITIES; (ii) use of a mutually agreed upon number of courtside boxes and skyboxes; (iii) preparation and maintenance of the Courts throughout the Classic; (iv) television tower and platform and all necessary electricity to provide power to the tower and platforrn throughout the Classic; (v) a public address system; (vi) nets, net posts, single sticks, an umpire's chair, linepersons chairs, skirted tables, end and side line buntings, and numbered seating; (vii) parking for boxholders, players, sponsors, ticketholders, press, staff, and volunteers (CITY to implement, manage and staff parking, including reserved areas); City will offer valet parking (CITY will be allowed to charge and retain all revenues from the valet parking) and also be allowed to charge, and retain all revenues, for general public parking at the County Courthouse garage at a nominal rate to be mutually agreed upon between City and Charities to offset parking attendant costs. 2 (viii) all electrical power and one on -site electrician (all costs and expenses are CITY'S responsibility) for the duration of the Classic (hook -ups not included); (ix) adequate space for and operation of concessions, retail booths, etc. (CHARITIES shall place and operate the concessions and retain all revenues from its concessions and retail booths); (x) restroom facilities and supplies; (xi) additional courts for pro -am, clinics, etc., as mutually agreed; (xii) the use of areas for celebrities, press, press interview, tournament staff, volunteers, ballkids, officials, ticket office, and VIP hospitality and the use of locker rooms, as mutually agreed. Areas should include tables, chairs, furniture and air conditioning, as mutually agreed; (xiii) on and off-site directional signage; (xiv) all necessary permits; (xv) on -site security including security for the celebrities, ticket office, and press area and overnight security coverage from Friday p.m. through Monday a.m.; (xvi) adequate police, fire support and traffic control; (xvii) teaching professionals to assist with tennis pro -ams held in connection with the Classic; (xviii) mutually agreed upon marketing and sponsorship support of the Classic; and (xix) access to utilities to include but not be limited to water /sewer, electric /lighting; (xx) reasonable use of the gymnasium at the Community Center, including floor cover as provided by the Community Center; and (xxi) use of existing dumpsters and arrange to have the dumpsters emptied at CITY'S expense. 3 (b) During the term of this Agreement (defined below) CITY agrees to pay to CHARITIES the following amounts with respect to the Classic: (1) Year Payment Amount Due Due Date 2013 US$51,000 $25,500 On or before Nov. 2, 2013 $25,500 By Dec. 10, 2013 2014 US$53,000 $26,500 On or before Nov. 2, 2014 $26,500 By Dec. 10, 2014 2015 US$55,000 $27,500 On or before Nov. 2, 2015 $27.500 By Dec. 10e 2015 2016 US$57,000 $28,500 On or before Nov. 2, 2016 $28,500 By Dec. 10, 2016 2017 US$59,000 $29,500 On or before Nov. 2, 2017 $29,500 By Dec. 10, 2017 (ii) CHARITIES will contribute 50% of the total payment from the City to the Drug Abuse Foundation of Palm Beach County, Inc. by January 31 of the following year, provided they receive the above payments from the CITY. (iii) If CHARITIES fails to hold the Classic and the CITY has paid the first installment to CHARITIES, then CHARITIES will refund the amount paid back to the CITY by January 31 of the following year. The CITY shall not be required to make the second payment to CHARITIES if the Event is not held during its scheduled lime. (c) If CHARITIES has ticket sales greater than $100,000.00 but under $125,000.00 then it shall pay to the CITY 15% of that amount over $100,000.00 but under $125,000.00. If CHARITIES has ticket sales greater than $125,000.00 then it shall pay to the CITY 17.5% of that amount greater than $125,000.00 on top of the 15% of the amount greater than $100,000.00. Such payment shall be due within 30 days of the conclusion of the Classic or within 30 days of CHARITIES receiving money from ticket sales from Ticketmaster, whichever is later, and upon the submission of an invoice from the CITY to CHARITIES. 4 4. STAGING AND PRODUCTION OF CLASSIC. The organization, staging, and conduct of each Classic will be the responsibility of CHARITIES, which responsibilities shall include the following: (a) handling ticket and box office sales; (b) Obtaining a Classic Director, all personnel involved in each Classic, and the Classic participants; (c) Administering the entire Classic; (d) Setting up each Classic on -site and handling all on -court activities of the Classic; (e) Soliciting sponsorship sales and television rights sales for each Classic; (f) Handling promotions, advertising, sales, public relations, and program production for each Classic; (g) Liaising with the charity beneficiaries selected by CHARITIES for each Classic; (h) CHARITIES shall be responsible for expenses incurred in site clean -up of restrooms and for garbage pick -up; (i) CHARITIES is responsible for expenses incurred in covering courts as set forth in Paragraph 7 if VIP tents are to be set up or if needed to cover courts used for contents; and {j) CHARITIES shall pay for all expenses relating to phone usage by CHARITIES, including, but not Iimited to, hook -up, dial tone, and usage charges. 5. ACKNOWLEDGMENT BENEFITS. In acknowledgment of the services provided by the CITY in Paragraph 3 hereof, CHARITIES agrees that CITY will have the following acknowledgment rights in relation to the Classic, subject to the provisions of this Agreement: DESIGNATION ■ Designation as Host Site of the Chris Evert Pro - Celebrity Tennis Classic 5 MEDIA ADVERTISING Television: • Sponsor logo included in advanced television and advertising campaign • Audio and graphic mention during tl�e telecast and best efforts to create overview shots of Delray Beach in the opening of the broadcast Print: ■ Sponsor logo included in advanced newspaper and magazine advertising campaign ■ One (1) Rill -page 4 -color acknowledgement in the Official Souvenir Program ■ Sponsor (verbal recognition) included in advanced radio advertising campaign ■ Sponsor logo included on Classic website, www.clirisevert.org ■ Internet link between Classic website and Sponsor website COLLATERAL ADVERTING Sponsor Logo/Name inclusion on the following materials as follows: Sponsor Logo o Save - the -Date o Brochure o Poster o Billboards (if applicable) o Movie Theater ad (if applicable) o Scoreboards ■ Sponsor Name o Press Release(s) o Brochure 6 • Poster • Souvenir Program Cover • Sponsor acknowledgement within Souvenir Program • Sponsor acknowledgement within Gala Dinner Dance Program • VIP Sponsor Board • Corporate identification on each box • Sponsor acknowledgement on Video screen at the Gala Dinner Dance ON -SITE BANNERS ■ Two (2) banner spaces (3'x7') on Center Court throughout the Classic weekend (sponsor to provide banners) PROMOTIONAL ADVERTISING • One (1) sales /promotional/display tent (approximately 10'10') on site throughout the Classic weekend with internet and electrical capabilities (Sponsor to be responsible for all internet expenses incurred) • Right to participate in advance promotions • Center Court public address announcements • Participation of City officials in Press Conference for the Classic • Right to be present on Center Court and acknowledgement on Center Court during the awards ceremony HOSPITALITY • Thirty two (32) invitations to the Celebrity Classic Cocktail Party at the Boca Raton Resort & Club, Friday evening October 31. • Four (4) seats at the Gala Dinner Dance at the Boca Raton Resort & Club, Saturday evening, November 1. TICKETS/PASSES ■ Four (4) Platinum Boxes (16 seats) for both Classic sessions (32 total tickets) 7 ■ Twenty (20) General Admission tickets for both Classic sessions (40 total tickets) 0 Access to the VIP Hospitality Suite_ at the Delray Beach Tennis Center featuring a catered buffet and open bar ■ VIP Parking Passes ■ Special ticket o rs to attend the Classic 6. CLASSIC EXPENSES AND REVENUES. (a) Subject to Paragraph 43 hereof, CHARITIES shall be responsible for collecting all revenues generated by, and paying all expenses incurred for, the Classic, except for those expenses a sociate_ d with CTrV'S obli 'Uati€�ns set forth ?���'ein (b) CITY acknowledges that CHARITIES will not pay CITY for any expense incurred by CITY in conjunction with the Classic unless CITY has submitted a written estimate of such expense to CHARITIES and obtained written approval from CHARITIES of such expense in advance. 7. INSTALLATION OF FLOORING. The CITY shall provide, at CHARITIES' option, up to 10,000 square feet of temporary flooring for the Classic. CHARITIES shall be responsible for paying all costs up to and not to exceed three thousand five hundred dollars (US$3,500) for installation of the initial 10,000 square feet of flooring. The CITY shall be responsible for the actual installation of the floor. If more than 10,000 square feet of flooring is required by CHARITIES, then CHARITIES shall pay all costs involved in obtaining such additional flooring and for all costs of installation of the additional flooring. 8. OFFICE SPACE. The CITY shall provide to CHARITIES office space in the community center and reasonable use of the board room and ticket window section of the ticket office at a date beginning upon the Monday preceding the Event and ending one day after the completion of the event. The exact space to be use by CHARITIES shall be determined as mutually agreed upon by the parties. In the event the parties cannot mutually agree upon a space, the CITY shall have 8 the sole discretion to determine the space to be used by CHARITIES. Upon vacating the office space, CHARITIES shall leave the space utilized in a condition equal to that which existed on the date CHARITIES occupied the space, ordinary wear and use thereof only excepted. 9. FORCE MAJEURE. If CHARITIES or the CITY is prevented from or interfered with in any manner whatsoever in fully performing its agreements (including its ability to conduct the Classic(s)) hereunder, for any reason beyond its reasonable control such as any law, regulation, act of God, earthquake, flood, fire, accident, labor controversy, act or threat of terrorism or delay of a common carrier (the foregoing all being examples of an "event of force majeure "), then CHARITIES' and the CITY'S obligations hereunder will be suspended as often as any such event of force majeure occurs and during such occurrences, CHARITIES' and CITY'S nonperformance will not be deemed a breach of this Agreement 10. AUTHORIZED AGENT. CHARITIES hereby designates Chris Evert Charities, 7200 W. Camino Real, Suite 310, Boca Raton, FL 33433, Attn: Tami Starr, as CHARITIES' authorized agent for all purposes hereunder. All notices or submissions to be made or delivered by CITY to CHARITIES pursuant to this Agreement shall be delivered to said address free of all charges, such as, for example, shipping charges and customs charges. 11. TAXES. CHARITIES shall be liable for any and all taxes which are or may be imposed as a result of this agreement. Taxes shall be paid to the appropriate authority and including, but not limited to, sales and use tax. 12. PROOF OF INSURANCE. CHARITIES shall provide the CITY with proof of insurance being in force. The type and quantity of insurance is more particularly set forth in Exhibit "A" to this agreement. Proof of such insurance shall be due by 30 days prior to the first day of the event. The insurance shall name the CITY and its designee as additional insured. 9 13. FINANCIAL RESPONSIBILITY CHARITIES agrees, subject to the provisions of this Agreement, to accept all financial responsibilities for the Classic including, but not Iimited to, all accounting and reporting as may be required by law. CHARITIES further agrees to accept sole responsibility for any financial commitments or obligations it incurs as a result of the Classic, and which are not provided for in this Agreement. ' ' 1 11 I I i 14. OTHER SERVICES AND SUPPLIES. CHARITIES further agrees that all services and supplies not specifically identified herein shall be provided by or through CHARITIES. 15. CONCESSION RIGHTS OF CHARITIES. CHARITIES may sell food, beverages, confections, refreshments and novelties or may, subject to approval by CITY, contract with another to provide such service. CHARITIES shall not be required to use the CITY'S exclusive soda vendor if it does not wish to do so. In providing the concession service, CHARITIES or any person, firm, or corporation with whom it contracts for such purpose (hereinafter referred to as "concessionaire ") shall comply with the following provisions provided, however, that CHARITIES shall remain ultimately responsible to CITY for all obligations required of the concessionaire: a. Concessionaire shall,. prior to commencing any activities, obtain any and all permits and licenses that may be required in connection with the operation of this concession. b. All food, drinks, beverages, confections, refreshments, etc. sold or kept for sale shall be first class and quality, in accordance with the Department of Health requirements, shall conform to all federal, state, county, and municipal laws, ordinances and. regulations in all respects. C. Concessionaire may have the option to sell alcoholic beverages at the Tennis Center. Sale of alcoholic beverages must comply with all federal, state, county, and municipal laws, ordinances and regulations and must be properly licensed by the State of Florida. d. Concessionaire may, at its expense, furnish additional equipment and fixtures to be utilized in the concession. Concessionaire shall submit plans and speci- fications concerning fixtures and equipment to CITY for approval prior to installation of any items. For the purpose of this Agreement, "fixture" shall be defined as anything 10 annexed or affixed to a building or structure or which appears to be so affixed or annexed, regardless of whether it is capable of being removed. e. The Concessionaire shall provide all maintenance, repair and service required on all equipment used on the concession. f. Concessionaire shall keep all fixtures, equipment and personal property, whether owned by Concessionaire or CITY, in a clean and sanitary condition and shall cleanse, fumigate, disinfect and deodorize as required and whenever directed to do so by CITY. All state health Iaws and state health department regulations must be strictly complied with. All janitorial services necessary in concession area shall be provided by Concessionaire at Concessionaire's expense. g. Concessionaire agrees to dispose of all refuse and garbage, in compliance with all applicable laws, ordinances and health codes, at Concessionaire's expense, and to beep outside container areas cleaned at all times. h. If the concession is operated by a person, firm or corporation other than CHARITIES, such person, firm, or corporation shall at all times maintain workers' compensation insurance coverage for all employees which it employs within the areas and facilities covered by this Agreement, together with the policy or policies of public liability and products liability insurance and provides limits of at least One Million ($1,000,000.00) Dollars for combined single limit coverage; provide liquor liability insurance with limits of at least One Million ($1,000,000.00) Dollars and provide fire legal liability in the amount of Five Hundred Thousand ($500,000.00) Dollars. Such policies shall provide that they will not be cancelled or amended without at least ten (10) days written notice to the Risk Manager of CITY and shall name CITY, its officers, agents and employees as additional insured. 16. ACCEPTANCE OF TOURNAMENT SITE. (a) Prior to the Classic, CHARITIES may inspect and examine the Site to determine that said Site is in adequate and satisfactory condition for the uses contemplated. CHARITIES assumes full responsibility and liability for all damages, losses and liability caused by conditions on the Site, which arise once it commences use and occupancy of the Site, and which conditions are caused by or result from the actions of or failure to act by CHARITIES, its employees, agents or representatives, or by the actions of or failure to act by exhibitors, independent contractors, workers or invitees of CHARITIES while on the Site. CHARITIES indemnifies, defends and holds CITY, and its designee, harmless for any such claims unless such damage, loss or liability was caused by conditions on the Site which are inherent in the structures 11 involved, or the direct result of CITY'S (including its employees and agents), negligence or misconduct. (b) CITY, and its designee, shall not be responsible for any damage or injury to, or personal conduct, safety and welfare of CHARITIES, its employees, agents or representatives, o exhibitors, independen contractors, workers, and invitees while b the pre ses tnd CHARITIES expressly indemnifies, holds harmless and releases CITY I f m any an all sich claims, damages, losses or liability associated therewith, unless such claim, damage, or liability is the result of CITY'S (including employees and agents) negligence or misconduct. 17. REPAIR, REPLACEMENT AND MAINTENANCE. CHARITIES shall pay all costs for cleanup, repair and. replacement and all damages of whatever origin or nature, for which it is responsible, ordinary wear and use thereof only excepted, which may occur during the term of this Agreement in order to restore the Site to a condition equal to the condition at the time CHARITIES occupies the Site. CHARITIES shall be responsible for clean -up of the Site during and after the Classic. If at any time CITY determines that the clean -up services provided by CHARITIES are not adequate or that said services endanger public health and safety, CITY shall notify CHARITIES in writing and if CHARITIES fails to clean up after receipt of written notification, CITY may provide these services. CHARITIES shall reimburse CITY for the costs of providing these services and for the actual costs of any supplies. 18. TICKET SALES. All tickets for admission shall contain language approved by CHARITIES and CITY establishing that the tickets create a revocable license. Prior to the sale of any admission ticket, CHARITIES shall provide City Manager or his designee with the established selling price of each type and kind of ticket for his review and approval. 19. ADVERTISING MATTER. (a) CHARITIES agrees, subject to its rights, if any, under any applicable License Agreements, to identify the City of Delray Beach as the site of the Classic in all publications, advertising and any electronic broadcast, and to permit CITY to use CHARITIES' trademark or any trademark authorized to be used by CHARITIES, and CITY agrees to permit CHARITIES 12 to use the CITY'S name and logo and trademark during the term of this Agreement solely in the connection with the Classic. CITY agrees that promotional material created by CITY with regard to the Classic is subject to the approval of CHARITIES. CHARITIES agrees that any material submitted by CITY will not be unreasonably disapproved, and, if it is disapproved, that CITY will be advised of the specific grounds of the disapproval. (b) All printed material and advertising matter to be used prior to or at the Classic which include the name City of Delray Beach or its official seal shall be submitted to the City Manager or his designee for his approval at least two (2) days prior to the proposed use of the same. Approval shall not be unreasonably withheld by the City Manager or his designee. CITY agrees that it shall always use the official name of the Classic as designated by CHARITIES and no other name when making reference to the Classic in CITY'S promotional materials. (c) If CHARITIES is able to secure television coverage for the Classic, CHARITIES shall ensure that any such television coverage of the Classic shall specifically mention the CITY as the host in the opening of each and every broadcast. CHARITIES will use best efforts to provide CITY with an overview of the City of Delray Beach. (d) CITY or its designee, at the request of CHARITIES, shall temporarily cover advertisements, corporate logos or trademarks that appear throughout the Tennis Center, at its sole expense. 20. EVENT PERSONNEL AND EQUIPMENT. CHARITIES shall provide all personnel needed for the Classic, including, but not limited to, set a and take down personnel, ticket sellers, ticket takers, ushers, sound technicians and stage hands except as otherwise set forth in Paragraph 3(a) or elsewhere in this Agreement. 21, POLICE AND EMERGENCY PERSONNEL. CHARITIES agrees to make arrangements with the CITY designated representative to provide for CITY police personnel which the CITY determines, in its sole discretion, is necessary for the Classic. AIso, CHARITIES shall contact the CITY designated representative to make arrangements for Emergency Medical Technician personnel to be present at the Classic. 13 22. CITY'S RIGHT TO CONTROL PREMISES. CITY at all times reserves the right to eject or cause to be ejected from the premises any person or persons violating or to keep persons from violating any of the rules or rel ations of the Tennis Center or any city, county, state or federal laws, and neither CITY notil of any its! I officers, agents or e ployees shall be liable in any manner to CHARITIES or its oft L rs, agents; or employees for any damages which may be sustained by CHARITIES through the exercise of this right by CITY. A iILJdVLlji BE iT,R A�-A JCe 11�GN3JE. In the event an alcoholic beverage license is required, CHARITIES or its agents shall apply for and obtain a temporary alcoholic beverage license from the State of Florida Department of Business Regulations, Division of Alcoholic Beverages and Tobacco for the sale of alcoholic beverages at the Site for the Classic. CHARITIES, or its agents, shall display said license in a conspicuous place at the Site of the sale and/or distribution of the alcoholic beverages. CHARITIES shall be solely responsible for timely reporting and remitting the appropriate retail surcharge on the alcoholic beverages sold for consumption to the Division of Alcoholic Beverages and Tobacco. CHARITIES, or its agents, shall strictly comply with all rules and regulations established by the Division of Alcoholic Beverages and Tobacco of the State of Florida and any other applicable statutory and regulatory regulations. 24. VACATION OF CLASSIC SITE. CHARITIES agrees to vacate the licensed Classic. Site no later than two (2) days after the completion of the Classic; to leave said Classic Site in a condition equal to that at the commencement date CHARITIES occupies the Classic Site each year, ordinary wear and use thereof only excepted, and that CHARITIES shall remove from the Classic Site within five (5) days following the closing of the Classic, all material and equipment owned by CHARITIES. 14 25. NON- DISCRINHNATION. A. That CHARITIES for itself, its personal representatives, successors in interest, assigns, subcontractors, and sublicensees, as a part of the consideration hereof, does hereby covenant and agree that: 1. No person on the ground of race, color, national origin, age, or sex shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities. 2. That in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the ground of race, color, national origin, age, or sex shall be excluded from participation in, be denied the benefits of, or otherwise be subject to discrimination_ 3. That CHARITIES shall use the premises in compliance with all other requirements imposed or pursuant to Title 45, Code of federal Regulations, Article 80, Non - discrimination under programs receiving Federal Assistance through the Department of Health, Education and Welfare - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. B. That in the event of a proven breach of any of the above non - discrimination covenants, the CITY shall have the right to terminate the license and to take possession of said facilities and hold the same as if said license had never been made or issued. This provision shall not be effective until the procedures of Title 45, Code of Federal Regulations, Part 80, are followed and completed including exercise or expiration of appeal rights. C. CHARITIES shall not discriminate against any employee or applicant for employment to be employed in the performance of the contract with respect to hiring, tenure, terms, conditions or privileges of employment, or any matter directly or indirectly related to employment because of age, sex, physical handicap (except where based on a bona fide occupational qualification); or because of marital status, race, color, religion, national origin or ancestry. 15 26. CHANGE IN LAW. During the term, the CITY reserves the right to restate and/or renegotiate with CHARITIES 1such additions, deletions, or changes tolthe license as may be necessitated by changes in county, state or federal laws relating to the operation of the downtown site. In the event that the CITY and CHARITIES are unable to reach a mutual agreement on any such addition, deletion or change, that portion of the contract concerning the services involved in the addition, deletion or change shall be terminated or eliminated. 27. CANCELLATION BY CITY. The occurrence of any of the following cause this Agreement to be automatically terminated: A. Institution of proceedings in voluntary bankruptcy by CHARITIES. B. Institution of proceedings in involuntary bankruptcy against CHARITIES if such proceedings lead to adjudication of bankruptcy and the CHARITIES fails within ninety (90) days to have such adjudication reversed. The CITY shall have the right, after fourteen (14) calendar days written notice sent by registered or certified mail to CHARITIES specifying the amount of payment(s) in default, to terminate this Agreement whenever the non - payment of any sum or sums due hereunder continues for a period of ten (10) calendar days after the due date for such payments; provided, however, that such termination shall not be effective if CHARITIES makes the required payment(s) during the fourteen (14) calendar day period following receipt of the written notice. The CITY shall also have the ri ht to cancel the Event fora particular year if the CITY or another enti1y acting on behalf of the CITY, conducting_ major renovations to the the Tennis Center, and the CITY deterinines in its sole discretion that the Event will not be able to be held that 28. DEFAULT BY CHARITIES. The CITY may terminate this Agreement for cause upon CHARITIES' failure to perform any of the terms and conditions of this Agreement and such failure in performance not remedied by CHARITIES within thirty (30) days after receiving notice in writing of such ir'7 default or in cases where remedial measures may take longer than thirty (30) days, satisfactory remedial action must begin and be consistently undertaken within thirty (30) days after receiving notice in writing stating the nature of the failure of performance and the CITY'S intention to terminate if not corrected and which remedial measures must be completed within a reasonable time set forth in the notice from the CITY. 29. DEFAULT BY CITY. CHARITIES may terminate this Agreement for cause upon CITY'S failure to perform any of the terms and conditions of this Agreement if such failure in performance was not remedied by CITY within thirty (30) days after receiving notice in writing of such default, or in cases where remedial measures may take longer than thirty (30) days, satisfactory remedial action must begin and be consistently undertaken within thirty (30) days after receiving notice in writing stating the nature of the failure of performance and CHARITIES' intention to terminate if not corrected and which remedial measures must be completed within a reasonable time set forth in the notice from CHARITIES. 30. NOTICES. Any notices submitted or required by this Agreement shall be sent by registered or certified mail and addressed to the parties as follows: To the City: Douglas E. Smith, Interim City Manager City of Delray Beach 100 N.W. 1 st Avenue Delray Beach, Florida 33444 To CHARITIES: Chris Evert Charities 7200 W. Camino Real, Suite 310 Boca Raton, FL 33433 Attn: Tami Starr or to such other addresses as either party may designate in writing. 31. INTERPRETATION. This Agreement constitutes the entire Agreement between the parties with respect to subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Agreement may be amended only by written document, properly 17 authorized, executed and delivered by both parties hereto. This Agreement shall be interpreted as a whole unit and section headings are for convenience only. All interpretations shall be governed by laws of the State of Florida. Waiver of any breach shall not constitute waiver of any other breach. Invalidation of any portion of this Agreement shall not automatically invalidate the entire Agreement. 32. INDEMNIFICATION: �I (a) To the fullest extent permitted by laws and regulations, CHARITIES agrees to indemnify, defend, save and hold CITY, its officers, agents, employees and assigns and Dubin & Associates, Inc., harmless from any and all claims, damages, liabilities, losses, causes of action, iS..Hid or 1.1aLme W IaLsoevCI W111C11 n14.y .: M;e OUL La' 1:1 ::Uil:i"L1U!i W1U1, or because of the use, maintenance, or operation of the licensed facilities, including but not limited, to the exterior facilities and grounds, parking areas, pedestrian walkways, vehicular paths and grassy areas, by CHARITIES or its officers, agents, employees, or independent contractors, and invitees including but not limited to those resulting from or arising out of (a) by any act done or words spoken by CHARITIES, its players, agents or employees; (b) any damage done to the premises or any part thereof caused by the act or omission of either CHARITIES or any player, agent or employee of CHARITIES: (c) the breach by CHARITIES of any term of this Agreement; or (d) any breach or alleged breach of any warranty or obligation undertaken by CHARITIES in this Agreement. CHARITIES shall pay all claims, losses, liens, settlements or judgments of any nature whatsoever in connection therewith, including but not limited to reasonable attorney's fees and costs to defend all claims or suits, in the name of CITY when applicable. (b) CHARITIES agrees to defend all actions to which this Paragraph 30 applies, in the name of CITY provided, however, that CITY reserves the right to select its own legal counsel to conduct any defense in any such proceeding which selection shall be reasonable under the circumstances. All costs and fees associated therewith shall be the responsibility of CHARITIES under this indemnification agreement. (c) Such indemnification shall be limited to the amount of commercial general liability insurance which CHARITIES is required to obtain under this License Agreement. 18 (d) Nothing contained herein is intended nor shall be construed to waive CITY'S rights and immunities under the common law or Section 768.28, Florida Statutes, as amended from time to time. The provisions of this Paragraph 32 shall survive the execution, delivery and performance of this Agreement. 33. PERSONAL PROPERTY. CITY assumes no responsibility whatsoever for any property placed on the Site by CHARITIES, its agents, employees, representatives, independent contractors or invitees. CITY is hereby expressly released and discharged from any and all liabilities for any loss, injury or damage to such property that may be sustained by reason of the use and occupancy of the Site under this Agreement, unless such damage, loss or liability is caused by CITY'S (including employees and agents) negligent, reckless or intentional act(s). If any claim or cause of action is brought against the CITY relating to personal property as contemplated by this paragraph, and where such claim or cause of action is not founded on the negligent, reckless or intentional action of the CITY (including employees and agents), then CHARITIES shall defend any such action in the name of CITY provided, however, that CITY reserves the right to select its own legal counsel to conduct any defense in any such proceeding which selection shall be reasonable under the circumstances. All costs and fees associated therewith shall be the responsibility of CHARITIES under this agreement. 34. INDEPENDENT CONTRACTOR STATUS. CHARITIES and its employees, volunteers and agents shall be and remain independent contractors and not agents or employees of CITY with respect to all of the acts and services performed by and under the terms of this Agreement or for any other reason whatsoever. This Agreement shall not in any way be construed to create a partnership, association or any other kind of joint undertaking or venture between the parties hereto. 35. WARRANTY. Except as otherwise provided for herein, the CITY and CHARITIES represent that they have, to the best of their knowledge and belief, all rights and authority necessary to fulfill the obligations hereunder without breaching the terms of any other agreement to which either CHARITIES or CITY is a party. 19 36. ASSIGNMENT. This Agreement shall bind and inure to the benefit of CHARITIES and the successors and assigns of CHARITIES. The rights granted CHARITIES hereunder shall be exclusive to it and shall not, without the prior written consent of CITY, be transferred or assigned to any other. 37. RESERVATION OF RIGHTS. All rights not herein specifically granted to CHARITIES with respect to the Classic shall be and remain the property of CITY. 38. ENTIRE AGREEMENT. respect to the subject matter of this Agreement and supersedes all prior agreements. 39. EXECUTION AND DELIVERY REQUIRED. This instrument shall not be considered to be an agreement or contract, nor shall it create any obligation, whatsoever, on the part of CHARITIES or CITY, or either of them, unless and until it has been signed by representatives of CHARITIES and CITY and delivery has been made of a fully- signed original. 40. CHARITIES' TAX - EXEMPT STATUS. All activities and operations of CHARITIES will be consistent with an organization which is exempt from federal income tax under Section 501(a) of the Internal Revenue Code, by virtue of being an organization described in Section 501(c)(3) of the Internal Revenue Code. To conflict with CHARITIES' tax - exempt organization, such obligation is hereby waived by CITY and shall not be binding upon CHARITIES. In the event any obligation to CITY is waived on account of the foregoing sentence, suitable alternative arrangements, consistent with CHARITIES' tax - exempt stratus, will be made so as to avoid any inequity to CITY. 41. THIRD PARTIES. Nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Agreement upon any person other than the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns, nor is anything in this Agreement intended to relieve or discharge the obligation or liability of any third persons to 20 any party to this Agreement, nor shall any provision thereof give any third person any right of subrogation or action over or against any party to this Agreement. 42. VENUE. Any action brought to enforce the provisions of this Agreement shall be brought in a court of competent jurisdiction in Palm Beach County, Florida. 43. TICKETMASTER. (a) CITY or its designee shall provide the services of its facility and box office through Ticketmaster only for those tickets elected by CIARITIES to utilize such services in connection with the Classic. These services will be provided in a timely, professional and diligent manner and in accordance with CHARITIES reasonable ticket specifications. CHARITIES agrees that it will provide facility and box office services for those tickets for which CHARITIES does not elect to utilize the services through Ticketmaster. (b) In full payment for the ticket services, CHARITIES agrees to CITY imposing a two and one half percent (2.5 %) charge against ticket proceeds where such proceeds are generated through credit card sales and five cents ($.05) per ticket for ticket stock. CITY acknowledges that no other amounts will be charged to CHARITIES (other than payment of state sales tax) for ticketing for the Classic. (c) CITY shall pay ninety percent (90 %) of all amounts due to CHARITIES within 15 days of the CITY receiving the funds from Ticketmaster. CITY shall pay the balance of the remaining ten percent (10 %) to CHARITIES within 60 days after the completion of the event, less amounts for which refunds have been issued. If CHARITIES fails to hold the event as scheduled, CHARITIES shall be responsible to Ticketmaster - Florida, Inc. for all refunds incurred as a result of the cancellation or rescheduling, up to the face amount of the ticket price per ticket purchased and refunded plus any additional credit card fees that may be imposed. 44. APPROVALS. All approvals to be given by a party under this Agreement shall not be unreasonably withheld or delayed. IN WITNESS WHEREOF, the parties have caused this agreement and one counterpart, both of which shall constitute originals, to be executed by its proper officers hereto duly authorized on the year and date first above written. 21 ATTEST: City Clerk Approved as to Form: City Attorney WITNESSES: (print or type name) STATE OF COUNTY OF CITY OF DELRAY BEACH, FLORIDA By: CHRIS EVERT CHARITIES, INC. By: Name Printed: Title: SEAL The foregoing instrument was acknowledged before me this day of , 20 by , of CHRIS EVERT CHARITIES, INC., a corporation, on behalf of the corporation. He /She is personally known to me /or has produced 22 (as identification). Signature of Notary Public MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: Douglas E. Smith, Interim City Manager DATE: February 15, 2013 SUBJECT: AGENDA ITEM 10.I. - REGULAR COMMISSION MEETING OF FEBRUARY 19, 2013 HOST AGREEMENT: USTAXED CUP TIE MATCHES ITEM BEFORE COMMISSION Approval of Agreement with the USTA/FED Cup Tie Matches. BACKGROUND Although the US team lost their quarter final match to Italy, the team is now required to play a tie match and win to maintain their World Cup Group A standing. This match will be held in the United States on April 20th and 21 st: The estimated attendance for each day of the event is 6,000 to 6,500. The sanction fee for this event will be $150,000. We had previously received a commitment from the CRA for $75,000 and the Palm Beach County Sports Commission in the amount of $50,000 to host the semi -final matches had the US team won. However, I have to go back to both boards to reconfirm their commitments and cannot say for certain if they will commit the same amounts for a tie match. It will be about two (2) weeks before I can go back to the CRA and probably sometime in March to the Sports Commission. Therefore the out of pocket expense for sanctions fees for the City could be as high as $150,000 or as low as $25,000. I anticipate that we will receive funding from both but maybe not the full amount of the previous commitment. In addition to the sanction fees the USTA also requires a commitment of 150 comp room nights over a 10 day period. The estimate of total room nights needed by the USTA which will be direct book through them is 675. They will book all of these room nights with one to two hotels in Delray Beach. In addition based on our 2004 and 2007 tie match records, we anticipate another 250 -300 room nights will be booked independently. This commitment will require the City to either pay for the 150 comp room nights estimated to be $25,000 to $30,000 or get the hotels to comp the room costs without the City actually paying. I'm in the process of trying to meet with hotel reps to discuss their participation as of this writing. The USTA is offering shared revenue of 10% of ticket sales from $800,001 to $2,000,000 and 20% of amount over $2,000,000 which would help offset these costs. Based on the economic impact of the 2004 Davis Cup Tie and the 2007 FED Cup Tie which were held here, the economic impact for the proposed matches will still be about $1 million. Attached is a proposed agreement between the City and USTA. The USTA needs a commitment now so that they can finalize their selection. RECOMMENDATION Staff recommends Commission consider approval of the agreement with the USTA to be a host site if offered for the FED CUP Tie Matches to be held on April 20th and 21 st HOST AGREEMENT THIS HOST AGREEMENT ( "Agreement") is made and entered into effective as of February 15, 2013, by and between the UNITED STATES TENNIS ASSOCIATION INCORPORATED, 70 West Red Oak Lane, White Plains, New York 10604 -3602, a New York not- for - profit corporation, ( "USTA') and the CITY OF DELRAY BEACH, 100 N.W. 1$t Avenue, Delray Beach, Florida 33444 ("City"). WITNESSETH: WHEREAS, the Fed Cup Competition ( "Fed Cup ") is owned and operated by the International Tennis Federation ( "ITF ") and is staged and conducted pursuant to the Fed Cup Rules and Regulations ( "Fed Cup Rules ") promulgated by the ITF; WHEREAS, SNP Paribas shall serve as the Title Sponsor of the 2013 Fed Cup and all references to the 2013 Fed Cup shall be termed "Fed Cup by BNP Paribas;" WHEREAS, the USTA administers and sponsors the United States Fed Cup Team ( "US Team ") which is scheduled to play the Swedish Fed Cup Team ( "Sweden Team ") in an upcoming World Group 1 Playoff Fed Cup Tie on April 29 -21, 2013 in the United States ( "Fed Cup Tie "); and WHEREAS, the USTA has been authorized by the ITF to promote and stage the Fed Cup Tie in the United States; and WHEREAS, the USTA has been authorized by the ITF to select and sanction the host facility for the Fed Cup Tie; and WHEREAS, the City has applied to the USTA to host the Fed Cup Tie at the Delray Beach Tennis Center ("Host Facility "); and WHEREAS, USTA has awarded the City the right to host the Fed Cup Tie at the Host Facility. NOW THEREFORE, in consideration of their mutual promises, the USTA and the City agree as follows: 1. CONTINGENCY & SANCTION. This Agreement is fully contingent upon the approval of the Host Facility by the ITF, pursuant to its Regulations for the 2013 Fed Cup Competition. Should the ITF reject the Host Facility (by no later than March 8, 2013), this Agreement shall be deemed null and void. The USTA hereby selects the Host Facility as the host site for the Fed Cup Tie and awards the sanction to host the Fed Cup Tie to the City, and the City accepts such sanction and agrees to host the Fed Cup Tie and assist the USTA in the promotion and staging thereof in accordance with the provisions of this Agreement. It is understood and agreed that the USTA shall have control over all aspects of the Fed Cup Tie in accordance with the Fed Cup Rules. At all times during the term of this Agreement the promotional and management rights for the Fed Cup Tie shall remain with the USTA. Notwithstanding anything to the contrary contained in this Agreement, nothing herein contained shall be construed as requiring USTA approval over any of the business and/or personnel operations of the City or any actions necessary to be undertaken by the City to comply with any applicable laws, regulations, fire codes or any other legal requirements applicable to the operation of the Host Facility. 2. ITF. The USTA and City agree the Fed Cup Tie shall be promoted and staged in full compliance with the Fed Cup Rules. In this connection, the ITF has the right to review and approve all signage and all local sponsorships to be sold by the USTA and/or the City for the Fed Cup Tie as provided in this Agreement. City acknowledges and agrees that the Host Facility shall be a "clean facility" with all existing sponsorships /partner signage at Host Facility to be removed or covered at City's expense for the Tie and will fully comply with such requirement. 3. PLAYERS. The players on the US Team will be selected and provided by the USTA for the Fed Cup Tie. The players on the Sweden Team will be selected and provided by the Sweden Tennis Federation for the Fed Cup Tie. The parties understand and agree that neither the USTA nor the ITF guarantees any specific United States or Swedish players for the Fed Cup Tie. 4. EXCLUSIVITY. It is understood and agreed that no commercial use may be made of the players, captains, or teams competing in the Fed Cup Tie, the ITF, or any logo or identification thereof, without the prior written consent of the USTA. 5. COMPETITION. The Fed Cup Tie will consist of the following United States vs. Sweden tennis matches: Saturday, April 20, 2013 Two (2) Women's Singles Matches Sunday, April 21, 2013 Two (2) Women's Singles Matches and One (1) Women's Doubles Match (if necessary) The competition will be staged in accordance with the Fed Cup Rules. In the event of a Force Majeure event (as defined herein, including, but not limited to inclement weather), as determined by the USTA, the Tie may be rescheduled for Monday and /or Tuesday April 22/23, or another date as determined by the USTA in consultation with the ITF and the City. 6. USTA ROLE AND OBLIGATIONS. The USTA will act as the promoter and organizer of the Fed Cup Tie. This includes ultimate and full responsibility to the ITF, the owner /operator of Fed Cup. (a) Times. The USTA will set the starting times for the matches. (b) Tennis Court, The City agrees to provide the stadium and stadium court for the staging of the matches of the Fed Cup Tie. In addition, the City agrees to provide two (2) separate practice courts in close proximity to Host Facility for the US Team and the Sweden Team, The USTA shall be responsible, at is sole expense, for all necessary tennis match equipment for the Fed Cup Tie for such stadium tennis court, including, without limitation, the umpire's chair and the linesperson's boxes, etc. If the USTA determines that the stadium tennis court needs resurfacing for the Fed Cup Tie, then the City agrees to provide professional resurfacing as approved by the USTA at the City's sole expense. the Tie. (c) Tennis Balls. The USTA will select and provide the tennis balls to be used for 2 (d) Officials, etc. The USTA will select, supervise and compensate the referee, chair umpires, linespersons and ballpersons. (e) Event Staff. The USTA agrees to provide all ticketing personnel, ticket takers, ushers, stadium security personnel and medical staff for the Fed Cup Tie. (f) Program. The USTA may create an Official Program ( "Program ") for the Fed Cup Tie. Local advertising may be sold by the USTA pursuant to an agreement with the ITF and in accordance with the Fed Cup Rules. (g) Final Authority. The USTA will have the final authority over all matters applicable to the staging of the Fed Cup Tie. (h) Selection of US Team etc. The USTA will select the US Team captain, players, practice players, coaches and the USTA support staff. 0) Compensation of US Team, etc. The USTA will determine and be responsible for all professional fees and travel expenses paid to the US Team captain, players, practice players, coaches and the USTA support staff. 0) Television, Radio, Internet, etc. The USTA and the ITF will be responsible for negotiating and obtaining all television, radio, Internet and any other media coverage, if any, of the Fed Cup Tie. (k) Media Relations and Public Relations. The USTA will be responsible for handling all media relations and public relations activities related to the Fed Cup Tie. (1) Long Distance. The USTA will be responsible for the installation of all long distance telephone lines needed for the Fed Cup Tie for the offices and media spaces furnished by the City. The USTA shall be entitled to order the same through the City's account and the USTA agrees to reimburse the City for all costs and expenses incurred. (m) Meals. The USTA will be responsible for the cost of providing all meal service for the players and for all officials, USTA media staff and USTA support staff working on the Fed Cup Tie. (n) Signage. W Responsibility of the USTA. The USTA shall be solely responsible for all temporary signage placed in the Host Facility for the Fed Cup Tie in accordance with the Fed Cup Rules. All such signage shall be installed and removed by the USTA at the USTA's expense. (ii) Standards and Plan. All such signage shall be professionally made and shall comply with the standards of similar sporting events and shall comply with all applicable laws and regulations. The USTA agrees to provide the City with a plan for the type and display of all temporary signage, including the agreed upon signage for any local sponsors obtained by the City for the Fed Cup Tie on or before April 12, 2013. 3 (iii) No Signs. It is understood and agreed that there shall be no other sponsorship signs in the Host Facility other than those approved by the USTA and/or the ITF. In this connection, the USTA agrees to be responsible for the covering of existing signs. (o) Announcer. The USTA agrees to provide and pay for the public address announcer for the Fed Cup Tie. (p) Credentials. City acknowledges and agrees that: (i) the issuance of all credentials by the USTA is subject to the credential and security procedures as determined by the USTA; and (ii) City and all Host Facility staff must abide by all credential terms and conditions as determined by the USTA. City shall comply with all USTA specified security prodedures. 7. FEE. In consideration of its selection and sanction as the Host Facility, and the full performance of the USTA's obligations hereunder, the City, in addition to the in -kind goods and services to be provided to the USTA hereunder, agrees to pay the USTA a fee of One Hundred Fifty Thousand Dollars ($150,000), payable as following: $75,000 on or before March 1, 2013; and $75,000 on or before April 12, 2013. 8. TELEVISION AND RADIO. The USTA represents and warrants that it or the ITF will seek to arrange for the telecast of the Fed Cup Tie. However, if television coverage cannot be arranged, it shall not be a breach of this Agreement. It is understood and agreed that the USTA and /or the ITF will be entitled to all revenues and ownership rights derived from any television and /or radio broadcasts of the Fed Cup Tie and /or any other exhibition of the same on the Internet and /or any other media outlet. 9. CITY BENEFITS. The USTA agrees to provide the City the following benefits as the Host Facility for the Fed Cup Tie: (a) Promotion as Host Facility. The City shall be entitled to promote its association as Host Facility for the Fed Cup Tie in all media. (b) Program. One (1) full -page color advertisement in the Program for the Fed Cup Tie with camera ready copy to be furnished by the City in advance of the printing deadline specified by the USTA. (c) Print Advertising. The City's name will be incorporated into all Fed Cup Tie print advertising and printed promotional materials generated by the USTA to promote the Fed Cup Tie. This does not include the USTA website or any Internet advertising or promotion. 10. CITY RESPONSIBILITIES. The City agrees to use its good faith best efforts to assure that the Fed Cup Tie is promoted and staged in a first -class manner consistent with the international prestige of the Fed Cup. In connection therewith, the City agrees to provide the following to the USTA at no charge: 4 (a) Host Facility. City agrees to provide the Host Facility for the promotion and staging of the Fed Cup Tie. The Host Facility shall include the Delray Beach Tennis Center, Community Center, Tennis Pro Shop, Ticket Office and Restrooms. The City agrees to provide the USTA with the use of the Host Facility as mutually agreed during the period commencing on April 13, 2013, at 12:01 AM until April 23, 2013, at 5:00 PM for the Fed Cup Tie in accordance with an agreed upon schedule. The parties will mutually agree upon the actual daily schedule of use of the Host Facility during such period. On or before March 29, 2013, the USTA will provide the City with a proposed schedule for the use of the Host Facility, which will include the proposed times for: set -up and move -in, practice schedules for the players, times for each daily session and break -down and move -out. The City agrees to provide use of entire existing stadium, with the actual number of seats to be determined by the USTA, in the Host Facility for the Fed Cup Tie. At the USTA's request, the City agrees to furnish and install all seat covers already owned by the City and required by the USTA for the purpose of covering any unsold seats within the stadium. Further, the City agrees to powerwash the stadium prior to the Tie, but following any prior events Feld at the Host Facility. (i) Retail Area. The City agrees that its on -site merchandise operations at the Host Facility will be closed during the times specified by the USTA on the days of the Fed Cup Tie matches. (ii) City Tennis Court Operation, The City shall be entitled to operate its tennis court operation at the Host Facility during the USTA's use period, except for the days of the matches in the Fed Cup Tie, provided that the City partitions its tennis court operation area from the actual areas being used by the USTA in a manner reasonably approved by the USTA. (b) Hotel. Simultaneously with the execution of this Agreement, the USTA has or will be entering into a direct contract with mutually agreed upon hotels in the Delray Beach area with respect to hotel rooms for the Fed Cup Tie upon terms satisfactory to the USTA. This Agreement is conditioned on the execution of these contracts. City agrees to cause hotels to provide for 150 complimentary room nights at mutually agreed upon Tie hotels to be used by USTA and its guests which may be used prior to or during the Tie. (c) Staffing. The City agrees to provide all tennis court maintenance personnel, parking personnel, police personnel, fire personnel and equipment, and such other members of the current staff of the Host Facility as may be mutually agreed. in addition, the City shall provide an electrician, plumber, painter and a carpenter for one (1) week to work on mutually agreeable jobs with respect to the facilities for the Fed Cup Tie upon a mutually agreed schedule. (d) Utilities. The City agrees to furnish all light, electricity, heat, ventilation, air conditioning and other utilities deemed reasonably necessary at the Host Facility for the Fed Cup Tie at its sole expense. The lighting provided on the stadium court shall equal or exceed the reasonable television production requirements of the telecaster and shall be at least one hundred and fifty (150) foot candles, average, derived from readings across the actual playing surface and the surrounding surface area of the stadium court. Such utilities shall include, without limitation, all electricity for the telecast of the Fed Cup Tie, if any. (e) ' Forklift. The City agrees to provide the USTA with the use of a forklift for the installation and removal of equipment for the Fed Cup Tie for a mutually agreeable period. (f) Blowers. The City agrees to provide a sufficient number of high volume /high capacity blowers to assist in the drying of the tennis courts in the event of a weather - related delay. (g) Permits. The City shall be responsible for obtaining all required municipal licenses and permits for the staging of the Fed Cup Tie at the City's expense. (h) USTA Section. The City agrees to cooperate and work in conjunction with the USTA Sectional Association, USTA Florida, in organizing a volunteer group to assist in the staging of the Fed Cup Tie. 0) Advertising. The City agrees to assist the USTA in its advertising and promotional efforts including media placement at City contract rates as available. (j) Press Conference. The City agrees to assist the USTA in its efforts to secure an acceptable venue, at no cost to the USTA, for the purpose of hosting a press conference to announce the Fed Cup Tie on a date to be determined by the USTA. City agrees to provide light food and beverage for a maximum of fifty (50) guests at such press conference at no cost. (k) Draw. The City agrees to assist the USTA in its efforts to secure an acceptable venue, at no cost to the USTA, for the purpose of hosting the Draw Ceremony for the Fed Cup Tie. (1) Official Dinner. The City agrees to assist the USTA in its efforts to secure a suitable venue (comparable to the Delray Beach Golf Club) for the official dinner for the Fed Cup Tie at no cost to the USTA for room /venue rental. The USTA shall also have the right to select another location for the official dinner at its discretion. In any event, the USTA shall be responsible to pay for all food and beverage costs incurred with respect to such official dinner. (m) City Databasefs). The City agrees to provide the USTA with access to its existing mail and e-mail database(s) for use by the USTA in promoting and selling tickets for the Fed Cup Tie, subject to the restrictions placed on such data bases and subject to the requirements of Florida Law. 11. RENT. There shall be no rent charged to the USTA for the USTA's use of the Host Facility. 12. PARKING. The City shall be responsible for all costs and expenses relating to parking for the Fed Cup Tie and shall be entitled to all income received therefrom. The City shall provide the USTA with a minimum of three hundred (300) complimentary VIP parking spaces. within in the closest proximity to the Host Facility as possible on Saturday and Sunday, April 20- 21, 2013. Additionally, during period of April 12 -- 23, the City shall supply a mutually agreed upon number of parking spaces in front and behind the DRB Community Center for use by the USTA. 13. SPONSORSHIPS. The City shall be entitled to sell up to five (5) domestic sponsorships for the Fed Cup Tie as provided in the 2013 Fed Cup Rules and which may not conflict with closed or protected sponsorship categories as specified by the ITF. Closed sponsorship categories currently include the following (but which are subject to change): financial services, 6 handle all of the food and beverage sales for the Fed Cup Tie. The USTA shall be responsible for costs and expenses related to the food and beverage sales for the Fed Cup Tie and shall be entitled to all income received therefrom. 17. INSURANCE. The parties agree as follows with respect to the insurance for the Fed Cup Tie: (a) USTA Insurance. The USTA shall, within ten (10) days after the execution of this Agreement, provide to the City evidence of insurance coverage naming the City as an additional insured with respect to general liability and property damage liability, issued by an insurance carrier authorized to do business in the State of Florida, which insurance shall not be subject to cancellation or material modification without thirty (30) days notice to City. Such insurance coverage shall include (i) worker's compensation for all USTA employees, (ii) employer's liability for all USTA employees, (iii) commercial general liability providing coverage against liability for bodily injuries, including death, slander, libel and property damage in the minimum amount of $5,000,000 per occurrence, and (iv) automobile liability covering all owned, leased, used, courtesy or hired vehicles in the amount of $1,000,000 per accident, and shall be primary for all purposes without the right of contribution. (b) City Insurance. The City shall, within ten (10) days after the execution of this Agreement, provide to the USTA evidence of insurance coverage for the City and the Host Facility as reasonably required by USTA, naming the USTA and the ITF as additional insureds, with respect to general liability and property damage liability, issued by insurance carriers authorized to do business in the State of Florida, which insurance shall not be subject to cancellation or material modification without thirty (30) days notice to the USTA. Such insurance coverage shall include (i) worker's compensation for all Host Facility employees, (ii) employer's liability for all Host Facility employees, (iii) commercial general liability providing coverage against liability for bodily injuries, including death, slander, libel and property damage in the minimum amount of $5,000,000 per occurrence, and (iv) automobile liability covering all owned, leased, used, courtesy or hired vehicles in the amount of $1,000,000 per accident, and shall be primary for all purposes without the right of contribution. 18. LIMITATION OF LIABILITY. Except as specifically provided in this Agreement, in no event shall either party be liable to the other for any special, incidental, consequential or punitive damages that may be suffered by the other with respect to the subject matter of this Agreement. Such damages include, but are not limited to, compensation, reimbursement or damages on account of present or prospective profits, loss or damage to reputation or goodwill, expenditures, investments or commitments, whether made in the establishment, development or maintenance of business reputation or goodwill, or for any other reason whatsoever, including, but not limited to, the claims of any third party. The parties acknowledge that any limitation of liability will in no way affect either party's right to seek appropriate relief at law arising from or incident to any death, personal injury or property damage which is in any way connected to the other's negligence, willful misconduct or strict liability in tort with respect to the subject matter of this Agreement. 19. INDEMNITIES. The parties agree as follows with respect to the indemnities for the Fed Cup Tie: (a) Indemnity by the USTA. The USTA agrees to indemnify the City, and its affiliates, and their agents, directors, officers, servants and employees and representatives or insurers 8 staffing services and personnel recruitment, leisure and sports clothing, and tennis balls /equipment bags. USTA shall notify City in writing of any changes to the closed categories. In regard to the protected sponsorship categories, the ITF has retained commercial exclusivity in the following product categories (but which are subject to change): energy, domestic appliances, and jewelry. Should the ITF not secure a sponsor in either of these categories, such category shall be released for City to sell no later than 45 days prior to the Fed Cup Tie if not sooner. In this regard, USTA shall notify City in writing immediately upon the ITF securing a sponsor in the aforementioned categories or in the event such categories are released upon such 45 day prior timeframe. In the event City receives no such notification, the parties agree that the ITF categories shall be deemed released on the day with is 45 days prior to the Fed Cup Tie. In addition, City may not enter into a domestic sponsorship agreement with tobacco, hard liquor or betting companies or any company /establishment which would be deemed to be detrimental to the competition as determined solely by the ITF. In accordance with the Fed Cup Rules, City shall be entitled to offer to sponsors the sponsorship benefits set forth on the sponsorship benefits grid, attached hereto as Exhibit A and incorporated herein by reference. Certain benefits, as noted on Exhibit A, may be offered or sold by City a la carte to additional companies other than City's designated domestic sponsor, subject to the prior written approval of the USTA, such approval shall not be unreasonably withheld or delayed. City shall be responsible for all costs and expenses relating to the sale of such domestic sponsorships. The USTA agrees to assist City in such sponsorship sale by participating in sales meetings and providing background information on the Fed Cup Tie as may be reasonably required. City shall be entitled to all gross income received, derived or otherwise resulting from such domestic sponsorship or a la carte benefits. All proposed domestic sponsors, and the terms and conditions of such proposed sponsorship shall be subject to the prior written approval of the USTA, such approval shall not be unreasonably withheld or delayed. The sponsorship agreements shall be between City and the respective sponsor and all gross income derived from such agreement shall be paid directly to City as per the terms of such agreement. For the avoidance of doubt, the ITF grants USTA a total of six (6) domestic sponsorships of which five (5) are being granted to City. 14. TICKETS. The USTA shall be responsible for all costs and expenses relating to the sale of tickets for the Fed Cup Tie and shall be entitled to all income received therefrom; provided, however, should gross ticket revenue (paid tickets) exceed $800,000 for the Tie, USTA shall share with the City: (i) ten percent of gross ticket revenue from $800,001- $2,000,000; and (ii) twenty percent (20 %) of gross ticket revenue exceeding $2,000,001. The USTA agrees to comply with the existing agreement between the City and TicketMaster with respect to the sale of tickets on -site at the Host Facility. The USTA shall have the exclusive right to, and control over, all ticket locations in the Host Facility (including but not limited to, all seats, "standing room only" locations, etc.). Further, the City shall provide the USTA with an electronic manifest of all seating requirements and designations for the Host Facility. 15. FED CUP MERCHANDISE. The USTA, exclusively, shall be entitled to sell special Fed Cup Merchandise ( "Fed Cup Merchandise ") at the Host Facility prior to and during the Fed Cup Tie. The USTA shall be responsible for all costs and expenses relating to the sale of Fed Cup Merchandise and shall be entitled to all income received therefrom. 16. FOOD AND BEVERAGE. The USTA shall be entitled to designate a third party to 7 against all liability (statutory or otherwise), claims, suits, demands, damages, losses, judgments, costs, fines, penalties, interest and expenses, including without limitation, reasonable attorneys' fees and disbursements, resulting from any negligent acts, errors and omissions or willful conduct of the USTA or its principals, officers, agents, contractors, servants and employees in connection with its performance of any obligation of the USTA under this Agreement or any material breach by the USTA of any of the terms of this Agreement. (b) Indemnity by Ci!y. To the extent permitted by Florida law, the City agrees to indemnify the USTA and the ITF and their respective agents, directors, officers, servants and employees and representatives or insurers against all liability (statutory or otherwise), claims, suits, demands, damages, losses, judgments, costs, fines, penalties, interest and expenses, including without limitation, reasonable attorneys' fees and disbursements, resulting from any negligent acts, errors and omissions or willful conduct of the City or its principals, officers, agents, contractors, servants and employees in connection with its performance of any obligation of the City under this Agreement or any material breach by the City of any of the terms of this Agreement. Nothing herein contained shall be deemed a waiver of the City's sovereign immunity. (c) Notice by Indemnified Party. The indemnified party shall give notice promptly in writing of any suit or claim to the other party and the indemnified party and its agents, directors, officers, servants and employees shall cooperate fully with the indemnifying party and its counsel. The indemnifying party shall, at its own cost and expense, pay or cause to be paid all charges of attorneys and all costs and other expenses arising therefrom or incurred in connection therewith. Provided however, that the indemnified party retains the right, at its own expense, to deal with any action hereunder by employing its own counsel. Neither the indemnified party nor the indemnifying party shall settle any action without the consent of the other party, such consent shall not be unreasonably withheld or delayed. 20. WARRANTIES. The parties agree as follows with respect to warranties: (a) USTA Warranty. The USTA represents and warrants that it is a New York not -for- profit corporation, duly organized, validly existing and in good standing under the laws of the State of New York and shall remain so throughout the term of this Agreement, and the execution and delivery by the USTA of this Agreement, and performance by the USTA of the transactions contemplated hereby, are within the USTA's corporate powers, have been duly authorized by all necessary corporate action, and except as specified herein, do not require any consent or other action by or in respect of, or filing with, any third party or governmental body or agency, and do not contravene, violate or conflict with, or constitute a default under, any provision of applicable law or regulation or of the charter or by -laws of the USTA or of any agreement, judgment, injunction, order, decree or other instrument binding on the USTA. (b) City Warranty. The City represents and warrants that it is a municipal corporation, validly existing and in good standing under the laws of the State of Florida, and the execution and delivery by the City of this Agreement, and performance by the City of the transactions contemplated hereby, are within the City's powers, have been duly authorized by all necessary action, and except as specified herein, do not require any consent or other action by or in respect of, or filing with, any third party or governmental body or agency, and do not contravene, violate or conflict with, or constitute a default under, any provision of applicable law or regulation or of the charter or by -laws of the City or of any agreement, judgment, injunction, order, decree or other instrument binding on the City. 9 21. DEFAULT AND TERMINATION. In the event that: (a) Either party shall make an assignment for benefit of creditors, admit in writing its inability to pay its debts as they come due, or commence a case for protection from the claims of creditors under any chapter of the Federal Bankruptcy Code or any state statute, or (b) There shall be commenced against either party any proceeding under the Federal Bankruptcy Code or similar state statute and the same shall not be dismissed within. thirty (30) days after the same be instituted, or (c) Either party shall fail, within ten (10) business days after notice from the other party, to provide any insurance required to be provided under this Agreement, or (d) Either party shall fail to make payment within ten (10) days after written notice of the failure to make any payment due under this Agreement, or (e) Either party otherwise fails or refuses to discharge any material obligation required to be discharged by it, other than as set forth in clauses (a) through (d) of this Section, within ten (10) days after notice from the non - defaulting party of such failure, or, if the same be of such a nature that the same cannot be cured within such ten (10) day period, the defaulting party shall not have commenced to cure the same within five (5) days after notice and thereafter proceeded continuously and with diligence to cure the same within a reasonable time under the circumstances, then the same shall constitute a default hereunder. In the event of the occurrence of any default, the non - defaulting party may at its election and for so long as such default continues uncured, declare by written notice to the defaulting party that an event of default exists hereunder and simultaneously terminate this Agreement, without prejudice to the non - defaulting party's rights to damages or any other remedy or relief, legal or equitable, provided under this Agreement or as a matter of law, subject to the limitation on liability herein set forth. 22. ASSIGNMENT, Except as may otherwise be expressly provided herein, no assignment, subcontracting, sublicensing or subconcession of any rights of either party to this Agreement shall be effected without the prior written approval of the other party, which may be granted or withheld for any or no reason. 23. FORCE MAJEURE. Neither party hereto shall be obligated to perform any of its respective obligations hereunder to the extent such performance is prevented by Force Majeure. However, if the Fed Cup Tie is postponed or delayed for reasons of Force Majeure, and if the USTA able to reschedule the Fed Cup Tie within three (3) months of the original dates, then all terms and conditions of the Agreement shall apply to the same on such rescheduled date. For the purposes of this Agreement, "Force Majeure" shall mean an Act of God, fire, storm, flood or other casualty event, action or threat of terrorism, riot, invasion, fire, accident, strike, lock -out, or walk -out, or government interference, regulation, appropriation or rationing or inability to secure goods and materials or shipments or any other like event or condition similar to those enumerated above, beyond the reasonable control of the party obligated to perform hereunder, it being understood that lack of funds shall not constitute Force Majeure. 24. MISCELLANEOUS. The parties agree as follows with respect to miscellaneous provisions: 10 (a) Applicable Law. This Agreement is governed by and enforceable in accordance with the laws of the State of Florida without giving effect to the principles of the conflicts of law for that State. (b) Headings or Captions. The headings or captions used in this Agreement are for convenience of reference only, and are not deemed or construed in any way as part of nor shall they in any way affect the context of this Agreement. (c) Meanings of Words. Whenever the context in which words are used herein indicates that such is the intent, words in the singular number shall include the plural and vice versa and words in the masculine gender shall include the feminine and neuter genders and vice versa. Reference to the USTA or the City shall, whether so specified or not, include all their respective agents, employees, contractors suppliers and subcontractors as the case may be. All references to "herein ", "hereunder" and words of like import shall refer, unless the context clearly requires otherwise, to this Agreement, as distinct from the paragraph or Section within which such term is located. (d) Approval. Any provision of this Agreement providing for or requiring consent or approval by the USTA or the City shall mean the written approval from a duly authorized representative which shall be obtained prior to the taking (or refraining from taking) of any action with respect to which such approval or consent is specified herein to be required. The parties shall designate in writing from time to time the names of their various representatives who are authorized to provide the various levels of approvals required by this Agreement. Whenever either party is required to approve or reject a proposal of the other party, such approval or rejection shall be delivered as promptly as reasonable under the circumstances, except when a specific time is otherwise set forth in this Agreement. (e) Entire Agreement. This Agreement contains all of the promises, agreements, conditions, inducements and understandings between the USTA and the City concerning the subject matter hereof and there are no promises, agreements, conditions, understandings, inducements, warranties or representations, written, express or implied, between them other than as expressly set forth herein and therein. (f) Counterparts. This Agreement may be executed in counterparts, any one of which need not contain the signatures of more than one party, but ail such counterparts taken together shall constitute one and the same Agreement. Facsimile signatures shall have the same effect as original signatures. (g) Waiver. Modification, etc. No covenant, agreement, term or condition of this Agreement shall be changed, modified, altered, or terminated except by a written instrument of change, modification, alteration, waiver or termination executed by both the USTA and the City. No waiver of any default shall affect this Agreement, but each and every covenant, agreement, term and condition of this Agreement shall continue in full force and effect with respect to any other then existing or subsequent default hereof. No waiver of any default shall require or be the basis for any subsequent or future waiver of any default. (h) Partial Invalidity. If any provision of this Agreement or the application thereof to any person or circumstance shall, to any extent be invalid or unenforceable, the remainder of this Agreement or the application of such provision to persons or circumstances other than those as to 11 which it is held invalid or unenforceable shall not be affected thereby and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 0) Remedies Cumulative. Each right and remedy of the USTA and the City provided for in this Agreement shall be cumulative and shall be in addition to every other right or remedy provided for in this Agreement, or now or hereafter existing at law or in equity or by statute or otherwise, and the exercise or beginning of the exercise by a party of any one or more of the rights or remedies provided for in this Agreement, or now or hereafter existing at law or in equity or by statute or otherwise, shall not preclude the simultaneous or later exercise by such party of any or all other rights or remedies provided for in this Agreement or now or hereafter existing at law or in equity or statute or otherwise, subject to the Limitation of Liability hereinabove set forth. (j) Successors and Assigns. The agreements, terms, covenants and conditions herein shall be binding upon, and inure to the benefit of the USTA and the City and their respective successors and assigns in the event an assignment is agreed or permitted as herein above provided. (k) Independent Contractors. The relationship of the USTA and the City shall be that of independent contractors and neither shall be employee, agent or representative of the other and neither party nor any of their agents or employees shall have the power or authority, to state or imply, directly or indirectly, that they are empowered or authorized to commit or bind, to incur any expenses on behalf of the other or to enter into any oral or written agreement in the name of or on behalf of the other or their respective affiliates. (1) Notices. Notices shall be effective only if in writing, given to or served upon the party sought to be notified in the manner set forth in this Section, to the individuals and at the addresses hereunder set forth unless changed in writing: For the USTA: Senior Director, USA Team Events United States Tennis Association Incorporated 70 West Red Oak Lane White Plains, New York 10604 -3402 Facsimile: (914) 696 -2067 With a copy to: Chief Legal Officer United States Tennis Association Incorporated 70 West Red Oak lane White Plains, New York 10604 -3402 Facsimile: (914) 696 -7089 12 For City: Bob Barcinski Assistant City Manager City of Delray Beach 100 N.W. 15i Avenue Delray Beach, Florida 33444 Facsimile: Notices shall be effective only if personally delivered or mailed, United States mail, certified mail, return receipt requested; if personally delivered the notice shall be effective on the day delivered; if mailed, the notice shall be effective on the second day after mailing, or the day that delivery is refused. Delivery by an overnight express delivery service shall be deemed to constitute personal delivery on the date delivered to the office address set forth above for the recipient thereof. Notwithstanding the foregoing, any notice which, pursuant to this Agreement, requires action or cessation of conduct in less than three (3) days may be served by facsimile transmission, followed by delivery as otherwise herein provided, and shall be effective when receipt of the facsimile is confirmed. (m) Confidentiality. The parties agree that the terms and provisions contained in this Agreement are confidential and the financial terms and provisions hereof shall not be disclosed to any third party except (i) to the extent necessary to comply with law or valid order of a court of competent jurisdiction, in which event the party so complying shall so notify the other party as promptly as practicable (and, if possible, prior to making any disclosure) or (ii) as part of a party's normal reporting or review procedure to its Board of Directors, members, auditors, attorneys, taxing authorities and the ITF, and such persons or entities, as the case may be, agree to be bound by the provisions of this Section or (iii) in order to enforce and/or implement a party's rights pursuant to this Agreement or (iv) to the extent permitted or required by the Florida Public Records Law. (n) Surviving Provisions. Any provision of this Agreement the performance of which requires that it be in effect after the expiration of the Term or the earlier termination of this Agreement, shall survive such expiration and/or termination and shall remain operative and in full force and effect. (o) Further Assurances. Each party agrees, from time to time, at the request of the other party and without cost, charge or expense, to execute and deliver such other documents and take such other actions as may be reasonably requested to more effectively carry out the terms and provisions of this Agreement. (p) Construction. Both parties have been represented by counsel in the negotiation and drafting of this Agreement. This Agreement will not be construed against either party due to authorship. (q) Time of the Essence. Time is of the essence for performance of all obligations under this Agreement by both parties. 13 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective duly authorized officers or representatives. UNITED STATES TENNIS ASSOCIATION INCORPORATED BY: David Brewer Chief Professional Tennis Officer BY: Name: Title: Attest: City Clerk Approved: City Attorney 14 E, w w .(Aep jad) saoedS Bu[ i ed C,4 wuj60j8 �N .siaLpnoA �2 00 00 En 811AU] AUOW0190 lAeJ(] co ,SUGI 'o t 04 .SUO.4CjjAU[ JBUUIC] IL'rO!go 0 v -Z. .(Aep jad) s1wpli V jaAe-1 80ud 'D C° ,(step lad) %Brij E JOAO-1 GOIJ d 0 C3 cq 04 (0 .(AL,p jad) SIONOI-L Z ]GA-a-I GOUj 00 ,(Rep jad) slalloij JOAa-I eOlJd CD (0 co 'o La (Rep jad) AllielldsOl-ItsIE)VU x08 s,luOP!sOJd (PV 06ud-linj) WeJ6OJd N vvoc: si!un ielojawwoO WOE! 08PIA (o _ _- 't - " v �: ; C4 C: dj V,n: suun jerilatumoo ivi co d) (spji3oq ooplA wnipuls-w uoisnpul of)ol (asjnooUoo) VIO L aoedS L41oog AuldsiC] LO (smueci uogiuBooei josuods oils-uo) uoisnloul o60-1 15 co ejeweo-uou) offuuft wnipelS V ,,(mejA vioweo jaujo-j) aftuft wnipelS 0 0 CL ejawe3-uou Ilemaps) aftuft linoo 41 ,.(ma!A (D cn ❑ EJBWUO 118MOPIS) ormuft pnoo ,,(I,k8lA o 0 ..(PUO Lpeo G - M91A elaweo pmqmq) q6eu6l.S linoo IN 0 0. Wu .2- ;,i a o (jelsoj) uoisnpul o6o-I 0 =5 (spV jupd) uoi snjoul o6o-I 'E 0 c 0 IL > CL ...060-1 S8qPed ME] Aq dno pa-,i of ILP 0 M > . .... . .. Z o 3 91 0 63 ID AjiA!snpx� pueje/Mo5spao d, CLI AJOIUOAUI 4D 0 tf 4k -a C: MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: February 13, 2013 SUBJECT: AGENDA ITEM 10.J. - REGULAR COMMISSION MEETING OF FEBRUARY 19, 2013 PROPOSED CHANGES TO THE COMMISSION RULES OF PROCEDURES ITEM BEFORE COMMISSION The item before the Commission is a proposed change to the Commission Rules of Procedure. BACKGROUND At the February 12, 2013 City Commission workshop meeting, staff was directed to prepare changes regarding the Commission's Rules of Procedure. The proposed changes, (see underlines and strikethroughs), provide that the public may comment on any item, agendaed or non - agendaed, and such comment shall begin after the "Proclamation and Presentation" portion of the agenda. The "Formal Approval of the Agenda" portion of the agenda has been moved after the "Public Comment" portion. Item 8(g) of the Rules of Procedure has been removed as it is no longer needed. RECOMMENDATION Commission discretion. RULES OF PROCEDURE - DELRAY BEACH CITY COMMISSION I. GENERAL PARLIAMENTARY RULES. The general parliamentary procedure to be followed by the City Commission of the City of Delray Beach, Florida, except as otherwise modified by the City Commission or as modified or amended herein, shall be in accordance with the rules of parliamentary procedures entitled "Robert's Rules of Order ", being the reprint of the 1907 edition. H. LOCAL RULES. A. The following Local Rules of Procedure shall be applicable to the organization and conduct of business, as well as preparation and publication of agendas, of the City Commission of the City of Delray Beach, Florida. To the extent these Local Rules shall modify or conflict with the standard "Robert's Rules of Order" as adopted above, these Local Rules shall prevail to the extent of their conflict or inconsistency with "Robert's Rules of Order ". In addition to these local rules, rules for quasi judicial proceedings shall apply to proceedings which require quasi judicial hearings. 1. Regular meetings of the City Commission shall be held on the first and third Tuesdays of each month, with the exception of the month of December and any Delray Beach municipal election dates, at 6:00 p.m., in City Hall. During the month of December only, the regular City Commission meetings shall occur on the first and second Tuesdays at 6:00 p.m. at City Hall. There shall be no regular City Commission meeting on the date of a Delray Beach municipal election. A meeting that would otherwise have been scheduled for such date shall be held on the Thursday immediately following the election at 6:00 p.m. at City Hall. 2. Workshop meetings of the City Commission shall be held on the second Tuesday of each month at 6:00 p.m. in City Hall, except that there shall be no workshops in the month of December. 3. All regular City Commission meetings shall be held in the City Commission Chambers at City Hall, unless otherwise designated by the City Commission. All workshop City Commission meetings will be held in either the First Floor Conference Room or the Commission Chambers at City Hall, as determined by the City Manager. All meetings of the City Commission shall end by 11:00 p.m. unless extended beyond 11:00 p.m. by a majority vote of the City Commission. Thereafter, the meeting shall end upon the conclusion of each hour (12:00, 1:00, etc.), unless extended by a majority vote of the City Commission for each hour. Any unfinished business shall be considered at a time and place set by the City Commission. 4. There may also be special workshop meetings at such other times as so designated in advance by the City Commission for the purposes of holding joint meetings with City boards, etc., to include receiving annual reports and presentations from the City's boards, committees, agencies and authorities, or for such other purposes as may be deemed necessary or desirable by the City Commission. 5. Special meetings shall be called at the request of the Mayor in accordance with the provisions of the City Charter and the Code of Ordinances. 6. To the extent compatible with the conduct of business, all workshop meetings shall be held on an informal basis. The applicability of the City's general rules shall not be strictly applied. Public comments after presentations will be limited to three (3) minutes at the Mayor's discretion or by consensus of the City Commission. Presentations made at workshop meetings shall be limited to fifteen (15) minutes, unless the Commission, by consensus, agrees to extend the time. 7. Although appropriate members of the City Attorney's Office and City Administration may place items on either the workshop or the regular agendas, all regular agendas shall be subject to review in advance by the Mayor prior to their publication, except that a majority of the members of the City Commission may request that the City Manager's office place or remove an item on such regular agendas, and that all such regular agendas shall be further subject to the approval of the City Commission preceding the conduct of business at each such meeting. If the Commission or any of its members wish to place or remove an item on an agenda, or if any member of the Commission has a question or concern about an item, any such request or inquiry shall be directed to the City Manager's office for disposition as opposed to any Commission member contacting any City officer or employee who is subject to the direction and supervision of the City Manager. 8. With regard to the agenda for regular City Commission meetings, the following shall apply: a. To the extent possible, the City Administration shall group all matters by subject area, and shall place as many as possible on the consent portion of the agenda. b. The agenda format shall be generally as follows: A call to order, invocation, pledge of allegiance, , formal approval of minutes, proclamations and presentations, if any, the eensent 9gendff, public comments and inquiries from the floor , formal approval of the agenda, the consent agenda, the regular agenda, public hearings, first readings of ordinances, followed by items not specifically on the published agenda from the City Manager, the City Attorney, and members of the City Commission. The public comment and inquiry portion , shall not extend beyond 7:00 p.m.. and in the event there are persons who have not been able to voice their comments prior to 7:00, the public comment portion en nen- shall resume after the public hearing segment of the agenda. The public hearing segment of the agenda shall be duly advertised for and shall commence at 7:00 p.m. or as soon thereafter as possible. c. Any items received during the public comment portion of the regular agenda may, at the discretion of the Commission, be discussed by the City Commission at the time of such presentation, may be directed by the Commission to the City Manager for action or resolution, or may be added to a subsequent workshop agenda if a member of the City Commission so specifically requests. d. (1) Votes taken on ordinances, resolutions and motions shall be by roll call and shall be recorded by the City Clerk. The roll call shall be on a rotating basis and according to the numbered Commission seats, i.e.: Motion A — Order of rotation: Seat 1, Seat 2, Seat 3, Seat 4, Seat 5 Motion B — Order of rotation: Seat 2, Seat 3, Seat 4, Seat 5, Seat 1 Motion C — Order of rotation: Seat 3, Seat 4, Seat 5, Seat 1, Seat 2, etc. (2) There shall be no votes taken on any non - published /non - agendaed items, except upon the declaration of an emergency. The declaration of emergency shall only be determined upon the affirmative vote of no less than four (4) members, or a unanimous vote if only three (3) City Commission members are present and voting on such motion. These rules are not intended to and shall not supersede the procedures and requirements of the City Charter, Code of Ordinances or State Statute with regard to emergency matters for consideration by the City Commission. e. All public i?,ptt+ comment on agendaed or non - agendaed items shall be limited to not more than three (3) minutes, in total, per person, subject to an extension of such time upon the formal approval by a majority vote of the City Commission members present and voting on such request for extension of time. f. The Mayor shall have the authority to limit immaterial, unnecessary or redundant presentations or requests. - PAR N -- -- - - -- - - - - - III. CITY BOARD, COMMITTEE, COMMISSION AND AGENDA APPOINTMENTS. A. All appointments to city boards, commissions and committees whose members are not subject to appointment by other entities, and in accordance with any applicable restrictions by State Statute, shall be made in accordance with the following procedures: 1. All vacancies subject to appointment to such city boards, commissions and committees shall be made on a nomination basis by each of the members of the City Commission. This nomination shall be construed to be a Motion to Appoint, which must be seconded by another member of the City Commission then present and voting, and then adopted by an affirmative vote of no less than three (3) votes. A Commissioner may defer an appointment to the next regular meeting. If a Commissioner is not ready to make an appointment at the next regular meeting then the nomination shall rotate to the next appropriate Commissioner. If a Commissioner makes a nomination /motion and this motion either fails for lack of a second or does not receive a sufficient number of affirmative votes, then that Commissioner shall have one additional opportunity to make a secondary nomination for this vacancy at this same meeting or the next successive regular meeting. If that appointment should also fail for lack of a second to the nomination or by not receiving sufficient affirmative votes, then the nomination shall rotate to the next appropriate Commissioner. 2. The rotation system shall be by numbered Commission seat and insofar as possible, each Commission seat shall be assigned an equal number of initial appointments from the date of adoption of these rules, i.e.: Board A — Order of Rotation: Seat 1, Seat 2, Seat 3, Seat 4, Seat 5 Board B — Order of Rotation: Seat 2, Seat 3, Seat 4, Seat 5, Seat 1 Board C — Order of Rotation: Seat 3, Seat 4, Seat 5, Seat 1, Seat 2 3. A separate rotation list shall be established by the City Clerk's office for each such City board, commission or committee, and the City Clerk's office shall maintain records of the rotation list, the status of same, and the nominations made by each Commissioner. In the instance where a vacancy is available at a City Commission meeting where the Commissioner who is next on the rotation is absent, then the City Commission shall postpone this appointment to the next regular meeting. Should this Commissioner not be present at the subsequent meeting, then the nomination ability shall pass to the next Commissioner on the rotation system present at that meeting. 4. In the event that an individual, duly nominated and appointed to a board, commission or committee by a Commissioner at a City Commission meeting, is unable to accept or declines the appointment, for whatever reason, then the Commissioner who appointed the individual unable to serve shall have the opportunity to nominate a replacement appointee to fill the vacancy before the nomination ability passes to the next Commissioner on the rotation system. Such replacement appointment shall be made no later than the second regular meeting subsequent to the meeting at which the declined appointment was made. If the replacement appointment is not made within this time frame, then the nomination ability shall pass to the next Commissioner on the rotation system. 5. Appointments for vacancies occurring on a board wherein the particular member has, for whatever reason, not fulfilled their entire term of membership on that particular board, commission or committee, shall be to complete the unexpired term only. 6. The City Commission retains the right to waive these requirements by the affirmative vote of no less than four (4) members of the City Commission under circumstances that would be in the best interest of the City (or a unanimous vote if only three members of the City Commission are present and voting on such motion). 7. These rules, when adopted, shall supersede any other general rules or local rules which are inconsistent herewith, to the extent of such inconsistency. IV. CITY MANAGER /CITY ATTORNEY ANNUAL REVIEW. The City Commission shall annually, in the month of May, conduct a performance evaluation and salary review of the City Manager and City Attorney. Approved and adopted by the City Commission of the City of Delray Beach, Florida, at the Annual Organizational Meeting held on March 29, 2012. ATTEST: Chevelle D. Nubin, MMC City Clerk MEMORANDUM TO: Mayor and City Commissioners FROM: Richard J. Reade, Sustainability Officer /Public Information Officer THROUGH: Douglas E. Smith, Interim City Manger DATE: February 15, 2013 SUBJECT: AGENDA ITEM 10.K. - REGULAR COMMISSION MEETING OF FEBRUARY 19, 2013 LIVE AND LEARN DELRAY COMMUNITY ENGAGEMENT PROGRAM ITEM BEFORE COMMISSION The item before the Commission is a discussion of a newly proposed community engagement program - Live & Learn Delray program. BACKGROUND Staff is proposing to implement a new program - Live & Learn Delray - Rediscover Your City - to reach out to our community and provide residents and businesses with information on the various City resources that are currently available to learn more about City issues, projects, programs and services as well as how to become more engaged with our City (See Program Summary). To ensure that the program maintains the highest visibility and awareness, this new program is proposed to have members of the City's administration team and an elected official meet with local HOA's, Churches and Civic Groups. In an effort to prevent any concerns with state Sunshine Laws, staff is proposing to develop a rotational system to request an elected official to attend a meeting. RECOMMENDATION Request direction from the Commission on the development of a rotational system to include a City Commissioner at the various meetings under the newly proposed Live & Learn Delray program. Live & Learn Delray — Rediscover Your City There is much to know about Delray Beach and many ways to get that information. Sometimes this information is filtered by editors, writers and bloggers. Our goal with the new Live & Learn Delray — Rediscover Your City program is to present the City's communication and information tools that are available, which would allow community members to formulate their own opinions and become engaged with the City to ensure that the best decisions are made for the Delray Beach community. The Live & Learn Delray — Rediscover Your City program will consist of a series of meetings where City representatives go out into the community and meet with Homeowners Associations (HOA), Churches and Civic Groups at their existing meetings to provide information on the various tools that may be used to learn about our City and to engage the City about ongoing activities, programs, services and /or issues. These meetings, in particular, would focus on ensuring that the Delray Beach community receives current and accurate information regarding City operations, ongoing projects, services that are offered, controversial issues, accomplishments and recognitions and /or plans for economic (re- )development and growth. By knowing what's going on and getting involved, residents can help make Delray Beach a better place to live, work and play. That, in turn, will benefit neighborhoods and the City. In addition, by attending meetings within our neighborhoods, staff would have the opportunity to promote the City and create branding opportunities by developing relationships and local partnerships with our citizenry. Further, the Live & Learn Delray — Rediscover Your City program would enable the City to request our community partners to assist in educating residents, parishioners and civic group members about the City's communication initiatives within their own established communication tools (i.e., meetings, newsletter, website, flyers, social media, blogs, etc.). This would assist in ensuring that as many people as possible are continuously informed about how they can learn more about the City of Delray Beach. In an effort to provide a higher level of visibility and awareness, this new community program has been planned to include staff members from the City Manager's Office and a member from the City Commission at each meeting. A rotational system is recommended to assist in identifying which Commissioner would be available to attend the meetings. This would help to prevent any Sunshine Law and /or other politically related concerns. Each meeting is expected to be concise in delivering the intended messages and information and may take between 30 to 60 minutes. Outreach to neighborhood organizations through this program will be coordinated through the Community Improvement Department's current neighborhood outreach initiatives. Reasons to Implement the Live & Learn Delray program: 1. Serves as an alternative to the Annual Town Hall Meeting, Hometown Connection & other publications that have been discontinued due to low participation and /or budget constraints 2. Citizens are empowered to become more directly involved and engaged to assist in in creating a better City 3. Provides direct contact between the City's elected leaders and members of the City's Administration team with our residential and business communities and lets them know that we are interested and invested in listening to our stakeholders 4. Allows community members who are unable to attend meetings in City Hall to obtain information directly from the City and to engage in citizen forums to provide requisite input into the City's decision making process. People's priorities and schedules are changing and the times that City meetings are held may now be inconvenient (unless it is a significant negative issue to them), which reduces the number of voices that are heard on issues. 5. Provides the City with an opportunity to inform our residents and businesses about the City's position (i.e., story) on various issues, programs and /or services and to not rely only on our local newspapers, blogs and /or social media sites 6. Serves as a tool to educate and promote the City's messages & our brand Available City Communication & Information Tools to be discussed at the various HOA, Church and Civic Group meetings: 1. City's Website — www.mydelraybeach.com — Redesigned and enhanced to provide comprehensive information on City activities, programs and /or services. The new site includes: a. City Calendar — All City Meetings and City Events b. City Commission Meetings (i.e., Agendas, Backup Information, Minutes, Audio and Video) C. Board & Committee Meeting Information, including meeting Agendas and Minutes d. Press Releases, News and other information e. Easy access to information through the use of Mega Menus to provide direct access to all City Departments, services & programs offered f. Staff contact information (i.e., telephone and E -mail) g. Emergency information 2. Twitter — www.twitter.com /citvdeiraybeach - The City maintains two (2) active accounts and provides the reader with "small bursts of information" or short messages (140 characters) with links to important City information — The City's main account has 2,154 followers & almost 1,000 tweets have been issued [City (1 account) and Police (1 account)] 3. Facebook — www.mydelraybeach.com /facebook - The City maintains eight (8) accounts (more than 5,130 Likes) to communicate and announce events and programs for three City departments [Police (1 account), Fire (1 account) and Parks and Recreation (6 accounts)] 4. Open City Hall Forum — www.mydelraybeach.com /open- city -hall - Allows registered users the opportunity to post comments and voice their opinions on City topics /issues to assist in the decision making process 5. Citizen Support Center — www.tinVurl .com /citizensupportcenter - Provides residents, businesses and visitors with an opportunity to learn more about the City and make requests for City services 6. Code Red Emergency Notification System — www.mydelraVbeach.com /codered - Provides more than 29,187 subscribers with an opportunity to receive information about emergencies and /or important events by phone, E -Mail & text message 7. Speakers Bureau — www.mydelraybeach.com /speakers- bureau - Long standing community outreach program that provides community groups with specialized presentations about City operations and information regarding City issues and projects that are in progress 8. Residents Academy — www.mydeIraybeach.com/ community- improvement /residents - Residents are provided with a 6 -week in depth overview of our City departments and their operations, which enables them to better understand the City's organizational structure, financial challenges and legal requirements that must be overcome on a daily basis. Graduates are prepared and motivated to take a positive role in defining the future of their neighborhoods and the City through government /citizen interaction 9. E- Subscription List — http:// ml. mvdelraybeach.com /MailingLists/ - Interested community members may sign up to receive E -mails with information about the City (including press releases, City Commission Agenda's, Board and Committee Agenda's, etc.). Approximately 1,786 subscribers have signed up for this service 10. Press Releases — http: / /ml.mydelraybeach. com /mailinglists /newsletters.asp - The City writes and distributes more than 200 press releases annually (additional safety & emergency related press releases are distributed by the PD & FD PIO's) to provide the community with information on City issues, programs and /or services. All press releases are posted on the City's website and are sent to the local media (i.e., television, radio and print) as well as to all E- Subscribers and City Departments. A link to the City's website is sent out as a Tweet on the City's main Twitter account. Note: Just over a year ago, the City created an Expanded Press Release Program to develop press releases for issues that were included on the Commission's Consent Agenda and /or are considered non - controversial (i.e., City infrastructure and community projects such as roads, sidewalks & water reclamation, grant awards, cost savings measures, expanded /reduced services & programs) that may not receive the same attention from our media. This Program enables the City to take an active role in telling our story to our citizens, businesses and visitors on various issues. Many of the City's press releases are published by our local newspapers, magazines and community groups (i.e., Greater Delray Beach Chamber of Commerce, local businesses, etc.), thus, enabling a larger network of interested community members to learn about what is happening within the City. 11. City Publications — http:// ml .mvdelraybeach.com /mailinglists /newsletters.asp - Although recent financial constraints have reduced the total number of printed newsletters and reports that are produced and distributed, the City has continued to develop a number of important communication pieces to ensure that the public is informed about the issues, projects, services and programs that are offered throughout the City. Some of these informational tools include: 1. Police Department Annual Report 2. Fire - Rescue Annual Report 3. Annual Water Quality Report 4. Annual Sustainability Report 5. NW /SW Neighborhood Newsletter MEMORANDUM TO: Mayor and City Commissioners FROM: Richard J. Reade, Sustainability Officer /Public Information Officer THROUGH: Douglas E. Smith, Interim City Manager DATE: February 15, 2013 SUBJECT: AGENDA ITEM 10.L. - REGULAR COMMISSION MEETING OF FEBRUARY 19, 2013 2013 MUNCIPAL ELECTIONS - EDUCATIONAL COMMUNICATION SERVICES ITEM BEFORE COMMISSION Consider proposals to provide educational communication services related to various proposed Charter Amendments as well as the proposed Economic Development Property Tax Exemption. BACKGROUND As discussed during the Commission's February 12th Workshop, staff has requested proposals to provide educational communication services to assist in ensuring that the public is aware of the various proposed Charter Amendments and the proposed Economic Development Property Tax Exemption that will be included on election ballots during the upcoming March 12th municipal elections. As a result, the City has received proposals from the following firms: Beth Rawlins, Inc. Connection Strategies In addition, two (2) local firms, Cornerstone Solutions and Patriot Games, were invited to submit a proposal. However, due to previous commitments, neither firm provided the City with a proposal. As information, City staff has been in contact with the League of Women Voters of Palm Beach County and the League of Women Voters of Florida to determine their availability in assisting with the development and communication of information to Delray Beach voters and stakeholders on the proposed ballot initiatives. Additional information is expected to be provided prior to the Commission Meeting on this potential partnership opportunity. RECOMMENDATION Request direction from the City Commission regarding whether to proceed with contracting with one of the consulting firms. Beth Rawlins, Inc. Tenacious Problem Solving City of Delray Beach Education Communications Services Proposed Tax Abatement and Charter Changes Due February 15th, 2013 SCOPE OF SERVICES AND DELIVERABLES; a. Background — Understood b. General Scope - The scope as outlined is fully understood. Beth Rawlins, Inc. is a full service communications firm with extensive experience serving local, government clients. c. Minimum Deliverables — i. Understood and accepted ii. Accepted with the understanding that the two direct mailings will be targeted as outlined in ITEM 4 under PRICING. iii. Beth Rawlins, Inc. will work with the City's webmaster to develop this webpage link. Beth Rawlins, Inc. will supply content (including all applicable links and .pdf files of communications materials) in a time appropriate manner. At no time will Beth Rawlins, Inc. have direct access to alter the City's website. Such access will remain under City control at all times. iv. The Beth Rawlins Inc. "Listen Line" feature offers a local phone number that voters can tail to hear a limited amount of outgoing information but also record their questions and concerns. For each incoming call, Beth Rawlins, Inc. will produce a transcription of the caller's question or comments. Incoming phone numbers are automatically recorded and callers are asked to identify themselves by name and address. Transcripts and contact information will be routed to the appropriate City staff person to afford voters an individual response. 2845 Chelsea Place S. * Clearwater, FL 33759 Phone (727) 797 -9333 • beth @bethrawlins.com v. Accepted with the understanding that Beth Rawlins Inc. will work with City staff to develop content for City press releases and Open City Hall but city will continue press distribution and alteration of City website. Beth Rawlins Inc. routinely works with and assists in the development of city partners. NOTE: The City of Delray Beach must understand that the very short timeline in which to accomplish the scope of services will require prompt responses and approvals /alteration especially with regard to content and design of direct mail. CONTRACT TERM: Understood and accepted PRICING: Understood and accepted ITEM DESCRIPTION PRICE To develop, produce and provide professional campaign information and promotion services (including management of 1. town hall meetings, outreach efforts, etc.) for the City's proposed Tax Abatement and two (2) City Charter Amendments $ 17,500 to City Residents for the March 12th Municipal Elections. To develop and make available an automated answering 2. service that provides general information to callers regarding all ballot issues on the proposed March 12th Municipal Elections. $ 1,500 Schedule, organize, and conduct at least one (1) Town Hall 3 Meeting (either in person at City Hall and /or by telephone) for residents and stakeholders on the proposed Tax Abatement and $ 2,600 City Charter changes for the March 12th Municipal Elections. To develop, produce, and provide a 2 -piece direct mail campaign on the proposed Tax Abatement and City Charter 4. Amendments to targeted City Residents for the March 12th Municipal Elections. This cost should include, but not limited to, $ 8,000 the following: graphic design, printing, mail house and postage of oversized postcards. The City may determine that it is more cost effective for the City to handle all costs associated with printing, mail house and 5. postage of the 2 -piece direct mail (oversized postcards) campaign. If so, provide pricing for all costs associated with the $ 8,000 development of the written campaign, including management and oversight of the contractors selected by the City. NOTE ON ITEM 5: Meeting the delivery timelines in the scope of services will best be accomplished by utilizing special handling applications available to political mail through the US Postal Service. To make use of this expedited process, USPS has very strict design, mailhousing and shipping /delivery requirements best performed by vendors familiar with the process. Additional Note: Insurance — Despite more than a decade of service to loca government clients, we have never been asked to obtain insurance coverage. Beth Rawlins, Inc. Company Profile Since incorporation in 1998 Beth Rawlins, Inc. has offered clients a proven combination of solid research, communications expertise, organizational skills, political experience and the intuition gained from scores of campaigns. President Beth Rawlins offers decades of experience to her work as a full - service communications campaign consultant and strategist. Rawlins specializes in issue elections such as bond referenda, charter changes, annexations and form of government issues. Clients include citizen groups, governments, political parties and member associations on both a local and statewide level. Ms. Rawlins consults for the Florida City and County Management Association (FCCMA) and the Florida League of Cities. Beth Rawlins, Inc. has conducted successful communications /information campaigns in Alachua , Brevard, Hillsborough, Palm Beach, and Pinellas counties as well as numerous cities including Belleair Bluffs, Belle Isle, Edgewater, Fort Myers, Gulfport, Mulberry, Port Orange, and Sarasota. References Mike Sittig MSittigCo)-flcities.com Ron Ferris Rferris(a)pbgfl.com Jon Lewis ilewis(a�cityofnorthport.com Dr. Michael A. Grego super(o)pcsb.org Chris Arbutine Sr. chris(o)silvergueen.com Executive Director Florida League of Cities 850 - 222 -9684 City Manager, City of Palm Beach Gardens 561 - 799 -4112 City Manager, City of North Port 941 - 429 -7077 Superintendent of Schools, Pinellas County 727 - 588 -6011 Mayor Belleair Beach 727 - 585 -0822 Brochure and work samples are attached Who We Are beth @bethrawlins.net (727) 797 -9333 Beth Rawlins From city and county referenda to national and statewide races, Beth has fine -tuned her management and consulting skills. Her media background and successful track record have served her clients well for years. Dani Dahlberg Dani graduated with a Political Science degree in 2000 from USE Since then she has worked on both statewide and local races throughout Florida. She is an expert at voter targeting and grassroots outreach. dani @bethrawlins.net (813) 884 -3782 T S O 0 M@ :3 N �J lQ T_ La O PO r Q Oc 3 rD 3 v m 3 — `a n � o D`� n ° n 0 n FD' ;:VLQ 0 !A 0 M a a � Q tQ , � n M tn n v o c r+ o 3 -0 M 0, LE n � �a �o `D Cr ;D E3 Qj zz th kA W CA Beth Rawlins, Inc. N �j Tenacious fD N Problem Solving For You M D !1 N m W °' � s o� o T Q) z -0 rD �. W v 3 V N p U1 �n m N m onoo n �9 �N z � ` l s Local government is a challenge. Balancing the unique requests of residents and the desires of elected officials against day -to- day changing realities and the need for long -term vision is impossible without a few bumps in the road. Problems are bound to arise ... and that's when you need Tenacious Problem Solving. Beth Rawlins, Inc. can help you meet these challenges. The Problems The Solutions The Results Change is inevitable; as is the resistance that accompanies that change. Democracy being what it is, a majority must embrace or oppose change. Put simply, defining objectives, crafting strategies, and managing a coordinated effort to support or oppose change is what we do. We solve the unique problems you face with a proven combination of intuition and organizational skills, solid research abilities, proven political experience and communication expertise. We typically work with cities and counties on issues including: • Annexation • Ballot Initiatives • Bond Referenda • Charter Amendments • Citizen Surveys • Incorporation • Ongoing Citizen outreach Our Services Include: • Citizen Outreach - Newsletters - Polling and Opinion Surveys • Election Activities - Ballot Language - Coalition Building - Community Forums - Direct Mail - Fundraising Assistance - Media Strategy and Buying - Message Development - Targeting Super Voters - Volunteer Coordination - Voter Education /Outreach • General Services - Media Relations - Op -Ed Assistance ,de0.pp0.oed' _�,��r.�.ex eral Find Bud9 °� V � Nrns ✓s I _ TM _.tea 89% Success Rate Beth Rawlins, Inc. produces results. Ask any of our clients. • Florida League of Cities • Florida City & County Management Association (FCCMA) • International City /County Management Association (ICMA) • Broward County • City of Gulfport • City of Oldsmar • City of Port Richey • Village of Wellington • Citizens Protecting Rights • Citizens for Better Government • Citizens for Public Safety • Citizens for Pinellas Schools Strong results at the polls are sometimes best achieved well in advance of an election. We assist local governments with on -going communications, ensuring that citizens are well informed and building consensus for your future. Local Voters Making L CtA4V Local Decisions... to Thai's what Election Day is all about! 08t,EE ep!J01=1 'yaeae LUIed 98i£ XOS Od `a;3PmmO:) le:)!;!!od a40A sn 4al a�qn 10=1 iAes ana� K 96se613uf pu e sjy f is 5u iJon spu edxa uogS9n6 Mu nod aLil r � V local Voters Making Local Decisions r". J r � V local Voters Making Local Decisions r". This November's County Question will ensure that an individual town or city's residents will set their local standards. It is an additional voting right that municipal voters already have in other parts of the state. The Charter is the "Constitution" of the County and is currently amended only through countywide vote. The County Question will require that any changes in a city's powers, functions, services or authority ALSO be approved by that city's voters. It doesn't take anything away from those who live in unincorporated parts of Palm Beach. It simply expands some voting rights and increases local decision making. Questions a Answers What changes if this passes? Voters countywide would no longer be able to change city rules without the approval of that city's voters. Local communities would have greater say in their local decision making. This amendment protects residents against changes to their city services or regulatory authority against their wishes. Now would this affect individual cities? This change would allow voters to set unique community standards that protect the "personality" of their community. Examples of community standards include sign ordinances, green space, public safety standards and building appearance rules. What about unincorporated voters? Nothing changes for them. Charter Changes affecting rules in unincorporated parts of the county would still be decided by countywide vote. hoes it make cities more powerful? No. This change doesn't give any additional power to City Hall, It doesn't give any additional power to City Commissions or Councils either, It's simply an additional voting right for the people, It allows city residents to have a greater say in their community's standards. Now would the elections work? First - remember that this only affects Charter changes that alter municipal power and it doesn't involve any extra elections. It's simple, everyone goes to the polls and we count the votes countywide. If the change passes countywide, we count the same votes but this time we do it within each municipality. The altered powers are adopted everywhere the voters agreed to them. What will it cost? Nothing. It doesn't involve any extra levels of government or any extra costs. VoteVES on Tuesday November 41"! PALM BEACH COUNTY - QUESTION REQUIRE BOTH COUNTY AND MUNICIPAL APPROVAL OF CHARTER AMENDMENTS AFFECTING MUNICIPAL POWER OR FUNCTION —��"i� *F Shall the Palm Beach County Charter be amended to have charter amendments that YES 4=n�d are approved by a majority of Palm Beach County voters take eff ect in a municipality only if the amendment is also approved by a majority of voters in that municipality, when the proposed amendment transfers or limits a municipal service, function, ND power or authority? y For the full language of the Proposed Charter Change please visit www.letusvote.info Pd Pol. Adv. Paid for and approved by the Let Us Vote Political Committee, PQ Box 3286, Palm Beach, Florida 33480 Important il Q u es tions The current Palm Beach Gardens City Charter was adopted in 1976 and changes in State law, technology and common business practice have made much of the Charter out of date. PALM BEACH GARDENS "A unique place to live, learn, work & play" SHALL THE CITY CHARTER OF THE CITY OF PALM BEACH GARDENS, ADOPTED IN 1976, BE AMENDED AS SET FORTH IN SECTION 1 OF ORDINANCE 20, 2012 OF THE CITY OF PALM BEACH GARDENS? Modernization The 1976 Charter says all bills should be paid by writing an actual paper check and makes the Clerk print a "book" of ordinances. The change allows the City to bank electronically and keep records on the web. Define Council- Manager Government The proposed Charter clarifies the role of the City Manager without conferring any new powers to that office. In fact, it makes it easier to remove the City Manager. YES 4= M NO 4= MIN Comply with General Law The current Charter illegally allows the Council to remove individual members by mock trial. The proposed Charter follows state recall provisions. The proposed Charter also makes it easier for the City to hold meetings in emergencies by following State noticing laws. Housekeeping and Document Management By referring to requirements of law rather than stating specifics, the Palm Beach Gardens Charter will modernize as legal changes occur. Attention Absentee Voter SHALL THE CITY COUNCIL BE AUTHORIZED TO GRANT, PURSUANT TO S. 3. ART. VII OF THE STATE CONSTITUTION, PROPERTY TAX EXEMPTIONS TO NEW BUSINESSES AND EXPANSIONS OF EXISTING BUSINESSES THAT ARE EXPECTED TO CREATE NEW, FULL -TIME JOBS IN THE CITY OF PALM BEACH GARDENS? YES For authority to grant exemptions 100 M NO Against authority to grant exemptions 4= M Proposition 2 - Authorization of Tax Exemptions Palm Beach Gardens has a history of proactive economic development, which has helped the City attract high - salary jobs and community investment. Proposition 2 would allow the City Council another tool as authorized by State law. The question on the ballot would provide the City the ability to forgive future taxes for a limited time period as an incentive to recruit and retain targeted industries such as aerospace, engineering and biotech. All incentive packages would be subject to strict accountability measures. More than 30 cities and 20 counties (including the Town of Lake Park and Palm Beach County) already have the ability to offer similar tax abatement. If approved, this question would allow Palm Beach Gardens to do the same. PRESORTED STANDARD US POSTAGE PAID WEST PALM BEACH, FL PERMIT #359 ice' M171f #'AOa nary " =';ice Important City Ballot Questions The current City Charter was adopted in 1976, with little change over the last 36 years. Proposition 1 would amend the Charter to modernize the document • and bring it into compliance with State Law. CITY OF PALM BEACH GARDENS CHARTER REFERENDUM PROPOSITION NO.1 "PROPOSITION ONE" SHALL THE CITY CHARTER OF THE CITY OF PALM BEACH GARDENS, ADOPTED IN 1976, BE AMENDED AS SET FORTH IN SECTION 1 OF ORDINANCE 20, 2012 OF THE CITY OF PALM BEACH GARDENS? YES 4M M NO I= y 14 CITY OF PALM BEACH GARDENS - QUESTIONS Proposition 2 is an economic development tool authorized by State Law. Proposition 2 would allow the City to forgive a limited amount of future property taxes for businesses that invest in Palm Beach Gardens by creating high - salary local jobs in targeted industries. CITY OF PALM BEACH GARDENS REFERENDUM PROPOSITION NO. 2 AUTHORIZATION TO GRANT ECONOMIC PROPERTY TAX EXEMPTIONS IN ACCORDANCE WITH THE STATE CONSTITUTION SHALL THE CITY COUNCIL BE AUTHORIZED TO GRANT, PURSUANT TO S. 3, ART. VII OF THE STATE CONSTITUTION, PROPERTY TAX EXEMPTIONS TO NEW BUSINESSES AND EXPANSIONS OF EXISTING BUSINESSES THAT ARE EXPECTED TO CREATE NEW, FULL -TIME JOBS IN THE CITY OF PALM BEACH GARDENS? YES For authority to grant exemptions 4M M NO Against authority to grant exemptions 4M M The City of Palm Beach Gardens 10500 N. Military Trail, Palm Beach Gardens, FL 33410 Learn more at www.pbgfl.com Good roads support a quality community. Whether it's our morning commute, meeting a friend for a cup of coffee, or getting the kids to soccer practice, good roads drive our quality of life. Better roads for North Port ooOF �kh �k F L O R I D A For more information, visit www.CityofNorthPort.com A Road Bond On November 6, 2012 voters will make a decision about long term planning for North Port's roads. The question is whether to approve a 26 -year, $46 million bond to finance road improvements. Some facts: • The cost to the average residential property would be no more than $46 a year, less than $4 a month. • 266 miles of roads will be reconstructed within 3 years. • 210 miles of additional roads will receive maintenance in the next 7 years. • Road related drainage will be improved. • The Bond will not improve about 100 miles of roads east of Interstate 75, where there is no infrastructure such as water, sewer, and electricity. This bond would supply the funding to rehabilitate North Port's roads to a much higher quality in just three years. And the City will be able to sustain road quality throughout North Port with regular maintenance. Download an App on your smart phone and scan: QR Code courtesy of BeQRious.com. QR Code is a trademark of the Denso Wave, Inc. f Re On November 6, 2012, residents will decide on a 26 -year, $46 million bond referendum that would allow 266 miles of substandard roads and road related drainage to be upgraded in the next 3 years. The road bond funding would allow current resources to be redirected into ongoing maintenance to improve North Port's road quality. An additional 210 miles of road would receive that maintenance in the next 7 years. In other words, the money now spent patching problem spots can be redirected and city roads could receive regular maintenance and replacement. What does the road bond mean to me? Roads are the foundation of any community. We depend on them to get to school, work, and places of worship. They bring customers to our businesses and support property values. In short, our roads touch every aspect of the North Port community. How does the bond really work? If voters authorize the bond in November, the City will essentially take out a loan to be repaid over the next 26 years, similar to a mortgage. To the average residential property owner, it would mean an additional payment of somewhere around $46 a year. It would be part of your normal tax bill and not tied to the value of your property. The road in front of my house looks OR Right now, North Port repairs 12 -15 miles of road each year. At that rate, it'll take 17 years to do just the roads that are in the worst shape ... and that leaves roads that are currently in good condition untouched. Without attention, even good roads can fall into disrepair, costing much more to fix in the future. We already pay for roads, why isnt that enough? North Port roads weren't built very well by the original developers and the money we pay now is used to patch up problem spots and repave just a few miles each year. With the bond, roads can be upgraded and maintained. Visit www.CityofNorthPort.com to see an interactive map and search your address to learn more about your road. ACHIEVE ANYTHING Pinellas countv L :#.`11111 100% stays in our classrooms All the money collected remains here in our classrooms and, by law, Tallahassee can't reduce Pinellas funding. Referendum money is above and beyond state funding. This is not new a tax Renewal is a continuation of our current commitment to local schools. It will cost the average homeowner $56.46 a year. Good for our economy Good schools support property values and lower crime rates. An educated workforce encourages business relocation and that leads to local job creation. Monitored by citizens An independent citizen oversight committee meets four times a year for our Paid political advertisement. Paid for and approved by Citizens for Pinellas Schools, PO Box 15525, Clearwater, FL 33766. PRSRT STD US POSTAGE PAID ST PETE FL PERMIT 4 Vote for our schools Pinellas voters first passed the referendum in 2004 and renewed the funding in 2008. The money is still needed. Per pupil funding provided by the Legislature is even less now than 8 years ago. Your Yes Vote will preserve reading programs, art and music; provide up -to -date textbooks and technology to prepare our kids for successful futures; and help recruit and retain the very best teachers for our classrooms. Tuesday, June 6:00 — 8:30 pm City Hall Auditorium AGENDA Belleair Bluffs Fire Chief 6:15 -6:30 �-r" •' Largo Fire Chief 6:30 -6:45 Belleair Bluffs Commission 6:45 -7:00 Question and Answers from Residents 7:00 -8:30 Currently Belleair Bluffs provides fire services to Belleair for a fee. This fall Belleair will no longer contract with the Belleair Bluffs Fire Department. Without that income we cannot continue to run our Fire Department as we have and either need to contract with another city or raise taxes to cover the costs. This meeting will address only the Fire Department issue and our options. Voters will have to consider keeping the Belleair Bluffs Fire Department, which will require raising the millage rate, or contracting with another city for fire services. IIHI I PROPOSED BALLOT LANGUAGE Shall the City of Belleair Bluffs contract with a third party for the provision of primary fire services in order to avoid raising taxes within the City? YES Allowing fire service to be contracted with a third party NO Prohibiting fire service to be contracted with a third party This election will be conducted by mail only. The Pinellas County Supervisor of Elections office will be conducting the election for the City of Belleair Bluffs. All registered voters of Belleair Bluffs will be mailed a ballot the second week of August. Voters will have until September 1 st to return their ballot to the Pinellas County Supervisor of Elections. There will be no voting at City Hall on Election Day. ,S CIPCTIF If you are not currently registered h the to vote, you can register ns office Supervisor of Ele until August 3rd. Contact the Supervisor's office at 727- 464 -6788 for assistance. City of Belleair Bluffs * 2747 r ou will receive more mation from the City and nellas County Supervisor ctions Office as Election ets closer. So keep your eye on your mailbox and plan to mail in your vote. — Sunset Blvd. * Belleair Bluffs, FL 33770 Delray Beach — Education Communications Services Proposed Scope of Services Submitted by... Connection Strategies Prepared by: Mary Brandenburg, President (;nntart- 299 Granada Road, West Palm Beach, FL 33401 (561) 386 -7031 marysbrandenburg(a-gmail.com February 2013 CONNECTION STRATEGIES z Delray Beach Proposal About Connection Strategies: Connection Strategies is a full - service political consulting and strategic communications firm that specializes in ballot issue campaigns. We deliver smart solutions and proven results for public entities, corporate clients, political candidates, issue - oriented and trade association groups nationwide. Connection Strategies helps clients navigate contentious campaigns or public issues on local, state, and national levels. We understand both the world of traditional campaigning and how new social media tools on the Internet have redefined modern communications. Connection Strategies President is Mary Brandenburg, a former State Representative that represented Palm Beach County in the Florida House of Representatives. Situation Summary: The City of Delray Beach is seeking a firm to develop and execute a public information campaign involving the March 2013 referendum propositions that are on the ballot. Connection Strategies can manage and execute the scope of work for the ballot propositions. Proposed Scope of Services and What We Offer: ➢ Experience: Connection Strategies specializes in ballot propositions for campaigns across the state. We are based locally in Palm Beach County and we have experience running local and countywide campaigns here. In addition we understand how to run public education campaigns that comply with Florida's rules regarding advocacy and we understand election practices that can maximize your resources to communicate your message. We have partner and staff resources to fulfill your needs in a compressed time period and to work with city staff and implement the communications, grassroots and education activities. ➢ Prioritization: All work will be managed by Mary Brandenburg, who will coordinate all your work and dedicate the appropriate staff time and resources needed to complete this project properly. Mary can also serve as a spokesperson for town hall or community meetings to present the information to residents or address community issues. There is a dual role opportunity with our services. ➢ Services: Connection Strategies is a full service firm so we manage all activities in house. We can coordinate mail, phones, printed information, list and data services as well community and town hall meetings. We also specialize in web, email and new media campaigns too. We also understand how to coordinate and manage the absentee and Election Day process that impacts outcomes. CONNECTION STRATEGIES Delray Beach Proposal ➢ Message Development: Connection Strategies will create a campaign theme and messages. We will brief staff to go over our recommendations and solicit staff feedback. Once we are in agreement on the theme and messages we will produce material to be used in the information campaign. The messaging will be consistent across all platforms of communication including, website, direct mail, information pamphlets, town hall meetings. We will also work with community co- chairs, leaders and a speaker's bureau of local people to serve as champions on the issues. ➢ Coordination: Connection Strategies will work with staff and also coordinate outreach into the community to identify potential supporters and coalition partners. We understand how to target voters, manage the timing during the absentee process of communications and have the local staff and time available to execute your program in a short time - frame. ➢ Targeting: We understand the community and who is likely to engage in the election for the upcoming March referendum. Our targeting can make your expenditures more efficient. We also have email addresses that we will provide as part of our services at no cost, except the cost of the actual emails to voters. (See attached voter counts). Budget: Please see the attached worksheet for our prices for the scope of work listed. Our prices can be adjusted in coordination with your staff to ensure we come within a budget that is available. The work is scalable to adjust the prices based on voter targets. TOTAL BUDGET: $39,300 Summary: Thank you for your consideration of Connection Strategies and we look forward to the opportunity to work with you on this project. With your approval we will submit a contract for services. Please contact us if you need any additional information or references. Ao� CONNECTION STRATEGIES ITEM DESCRIPTION PRICE To develop, produce and provide professional campaign information and promotion services (including management 1' of town hall meetings, outreach efforts, etc.) for the City's proposed Tax Abatement and two (2) City Charter $ i Amendments to City Residents for the March 12th Municipal Elections. To develop and make available an automated answering 2' service that provides general information to callers regarding all ballot issues on the proposed March 121h Municipal a v Elections. Schedule, organize, and conduct at least one (1) Town Hall 3. Meeting (either in person at City Hall and /or by telephone) for residents and stakeholders on the proposed Tax $ �Oa a, Abatement and City Charter changes for the March 12th J Municipal Elections. To develop, produce, and provide a 2 -piece direct mail campaign on the proposed Tax Abatement and City Charter 4. Amendments to targeted City Residents for the March 12tH Municipal Elections. This cost should include, but not limited $ oC to, the following: graphic design, printing, mail house and postage of oversized postcards. The City may determine that it is more cost effective for the City to handle all costs associated with printing, mail house 5. and postage of the 2 -piece direct mail (oversized postcards) campaign. If so, provide pricing for all costs associated with $ o, vo' the development of the written campaign, including / management and oversight of the contractors selected by the City. For additional information regarding the City's upcoming Municipal Elections as well as information on each of the proposed Charter Amendments and Ballot Initiatives, please visit the City's municipal elections web page: http: / /tinVurl.com /2013 - Municipal - Elections. Please note that the City may evaluate each proposal based on experience, ability to provide scope of services, costs, etc. Also, there may be a requirement to provide the City with proof of insurance, as required by the City, as well as to come to mutual agreement on a contract that may include information on additional terms and conditions, termination clauses, payment terms, completion of other city, local, state and federal forms, etc. City of Delray Beach Counts (updated Feb. 2013) Selection All Voters BY Houses Emails Household w /Phones All Voters 43820 34388 20595 12070 Voted in March 2012 3926 3157 2599 1581 election Voted in March 2010 3809 3070 2558 1598 election Voted in March 2009 4488 3597 2941 1886 election Voted once in either March 5983 4780 3937 2414 2010 or 2012 election Voted in March 2010 and 1752 1439 1211 765 2012 election Voted in March 2012 OR 7436 5980 4795 2926 Primary 2012 election Voted in March 2012 AND 2362 1946 1648 1012 Primary 2012 election All Absentee voters for 3309 2702 2090 1706 2013 Reade, Richard From: Rick Asnani < rick @cornerstonesolutionsteam.com> Sent: Friday, February 15, 2013 2:43 PM To: Reade, Richard; rick.asnani @gmail.com Subject: Re: City of Delray Beach - Charter Amendments & Tax Abatement Ballot Questions - Educational Communications Services Proposal Rich, I am unable to bid on this proposal due to capacity. Thank you for the opportunity. I hope we can bid on something else for you in the future. Regards, Rick Rick Asnani (561) 719 -2117 - - - -- Original Message - - - -- From: Reade, Richard <readenmydelraybeach.com> To: 'rick.asnani@gmail.com' <rick.asnanikgmail.com> Sent: Fri Feb 15 12:55:53 2013 Subject: FW: City of Delray Beach - Charter Amendments & Tax Abatement Ballot Questions - Educational Communications Services Proposal Hello Rick, Good speaking with you today... Attached is the document outlining the proposed Educational Communications scope of services as well as the Ballot language for each of the proposed initiatives. Please provide the City with a proposal that outlines your firm's experience, ability to perform the proposed scope of services within the outlined timeframe and the pricing information at your earliest convenience. We are requesting that all proposals be submitted electronically by 3 p.m. on Friday, February 15th. Thank you. Have a great day! Richard J. Reade Sustainability Officer/Public Information Officer City of Delray Beach, Florida Tel: 561.243.7009 Reade, Richard From: PatGames @aol.com Sent: Friday, February 15, 2013 1:18 PM To: Reade, Richard Subject: Re: City of Delray Beach - Charter Amendments & Tax Abatement Ballot Question Hello Richard, Thank you for inviting our company, Patriot Games, to submit an RFP for the "Educational Communication Services" project . Unfortunately, due to the short time frame and our current client load, we will be unable to participate in the RFP. We hope you will consider us for future projects. Again, thank you. Francine Nelson Partner Patriot Games, Inc. In a message dated 2/12/2013 3:39:06 P.M. Eastern Standard Time, read e(o)mydelraybeach.com writes: Hello Francine, It was good speaking with you today... Attached is the document outlining the proposed Educational Communications scope of services as well as the Ballot language for each of the proposed initiatives. Please provide us with a proposal that outlines your firm's experience, ability to perform the proposed scope of services within the outlined timeframe and the pricing information at your earliest convenience. We are requesting that all proposals be submitted electronically by 3 p.m. on Friday, February 151h Thank you. Have a great day! Richard J. Reade Sustainability Officer /Public Information Officer MEMORANDUM TO: Mayor and City Commissioners FROM: Douglas E. Smith, Interim City Manager DATE: February 15, 2013 SUBJECT: AGENDA ITEM 10.M. - REGULAR COMMISSION MEETING OF FEBRUARY 19, 2013 DISCUSSION REGARDING POSSIBLE JOINT MEETING WITH CRA BOARD ITEM BEFORE COMMISSION The item before Commission is a discussion regarding a possible joint meeting with the Community Redevelopment Agency (CRA) Board. BACKGROUND Commissioner Morrison is requesting the City Commission consider holding a joint meeting with the CRA Board to discuss the efficient, legal, and expedited disposition of land located in the Central Business District that is currently controlled by the CRA. The Commission will have the opportunity to discuss Commissioner Morrison's request. RECOMMENDATION Commission discretion. MEMORANDUM TO: Mayor and City Commissioners FROM: Douglas E. Smith, Interim City Manager DATE: February 12, 2013 SUBJECT: AGENDA ITEM 10.N. - REGULAR COMMISSION MEETING OF FEBRUARY 19, 2013 APPOINTMENT TO THE GREEN IMPLEMENTATION ADVANCEMENT BOARD ITEM BEFORE COMMISSION This item is before the City Commission for an appointment to the Green Implementation Advancement Board. BACKGROUND There is a vacancy on the Green Implementation Advancement Board due to Mr. David Hawke missing three (3) consecutive committee meetings. This creates a vacancy for one (1) regular member to serve an unexpired term ending July 31, 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 one (1) regular member. Please note that Ms. Giulia Pace is an alternate member and would like to be considered for regular membership. On July 21, 2009, the Delray Beach City Commission adopted Resolution No. 24 -09 establishing the Green Implementation Advancement Board for the purpose of making recommendations to the City Commission regarding ways to improve the environmental sustainability of City programs, services, equipment and facilities; strategies for improving the environmental sustainability of the community; incentives for residents, businesses, and organizations to practice environmental conservation including recycling; proposed means to enhance water and energy conservation; ideas for promotion of tree planting and xeriscaping; best practices to be considered for implementation in Delray Beach, including long -term strategies; and proposed revisions to City ordinances to address Green technologies. On August 7, 2012, Resolution No. 36 -12 was approved to reduce the number of members on the Board. The Green Implementation Advancement Board shall consist of five (5) regular members and two (2) alternate members. All members shall have expertise or an interest in environmental conservation and sustainability and shall be residents of or own property in the City, own a business within the City, or be an officer, director or manager of a business located within the City. The following individuals have submitted applications and would like to be considered for appointment: Walter Cornell Principal Giulia Pace Vice President /Investment Research Incumbent A check for code violations and /or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered with the exception of Ms. Giulia Pace. Based on the rotation system, the appointment will be made by Mayor Carney (Seat #1) for one (1) regular member to serve an unexpired term plus a two (2) year term ending July 31, 2015. RECOMMENDATION Recommend appointment of one (1) regular member to serve an unexpired term plus a two (2) year term ending July 31, 2015. 01/13 GREEN IMPLEMENTATION ADVANCEMENT BOARD TERM EXPIRES NAME & ADDRESS OCCUPATION 07/31/2013 Vacant Unexp Appt + 2 yr. 07/31/2014 Jeff Conley Architecture/Engineering- Unexp Appt 12 /06/11 Principal Reappt 07/05/12 07/31/2014 Joeven Valenzuela Engineer /Principal /Co- Unexp Appt 09/20/12 Owner 07/31/2013 Stephanie "Chloe" Bedenbaugh Human Resources Unexp Appt 04/05/11 reg Unexp Alt 03/02/10 Reappt06 /21/11 07/31/2014 Hilary Roche Managing Director Unexp Appt 09/20/12 ALTERNATE MEMBERS 07/31/2013 Michael Marcus Recycling /Managing Unexp Appt 09/20/12 Partner 07/31/2013 Giulia Pace Vice President/ Investment Unexp Appt 09/20/12 Research S /City Clerk/Board 13 /Green Implementation Advancement Board MEMORANDUM TO: Mayor and City Commissioners FROM: Douglas E. Smith, Interim City Manager DATE: February 12, 2013 SUBJECT: AGENDA ITEM 10.0. - REGULAR COMMISSION MEETING OF FEBRUARY 19, 2013 APPOINTMENTS TO THE NEIGHBORHOOD ADVISORY COUNCIL ITEM BEFORE COMMISSION This item is before the City Commission for appointments to the Neighborhood Advisory Council. BACKGROUND There are three (3) vacancies on the Neighborhood Advisory Council due to the resignation of Mr. Mark Behar (Zone 1), Ms. Kristen Albanese (Zone 4) and Mr. William Milner (At Large Representative). The terms are unexpired ending July 31, 2014 and July 31, 2015. Additionally, Mr. Stephen Lampel is currently appointed to Zone 2. He has recently moved into Zone 1 and has requested appointment to that zone. The term ends on July 31, 2015. Appointments are needed for four (4) regular members. The Neighborhood Advisory Council was established for the purpose of maintaining broad -based community involvement with the residents, creating neighborhood outreach initiatives, enhancing communication, improving the aesthetics of the neighborhoods and identifying any potential threats to the stability of the neighborhoods. The Council consists of fifteen (15) regular and two (2) student members. Twelve (12) members are residents with two (2) selected from each of the six neighborhood zones, and three (3) at large representatives, who may be selected from a community civic organization or business owner located within a neighborhood zone interested in the enhancement of its surrounding neighborhoods. A map of the appointment zones is included for your review. The following individuals have submitted applications for consideration: (See Exhibit A Attached) Based on the rotation system, the appointments will be made as follows: Term Expiration Date Commissioner /Mayor to appoint July 31, 2014 (unexpired term -Zone 1) Commissioner Jacquet (Seat #2) July 31, 2014 (unexpired term -Zone 2) Commissioner Frankel (Seat #3) July 31, 2015 (unexpired term -Zone 4) Commissioner Gray (Seat #4) July 31, 2014 (unexpired term -At Large) Mayor Carney (Seat #5) RECOMMENDATION Recommend appointment of two (2) regular members to serve unexpired terms ending July 31, 2014, one (1) regular member to serve an unexpired term ending July 31, 2015, and one (1) At -Large Representative to serve an unexpired term ending July 31, 2014. 01113 NEIGHBORHOOD ADVISORY COUNCIL TERM EXPIRES DISTRICT NAME & ADDRESS 07/31/13 Zone 1 Susan Sims Unexp Appt 11/16/10 07/31/14 Zone 2 Stephen Lampel Appt 09/06/11 07/31/13 Zone 3 Linda Laurence Leib Unexp Appt 10/17/06 Reappt10 /16/07 Reappt 10/19/10 07/31/13 Zone 4 Suzanne Donohue Appt10 /19/10 07/31/14 Zone 5 Gail -Lee McDermott, Chairperson Unexp 03/03/08 Reappt10 /07/08 Reappt 07/19/11 07/31/14 Zone 6 Linda Prior, Vice Chair Unexp Appt 02/20/07 Reappt10 /07/08 Reappt 07/19/11 07/31/14 Zone 1 Vacant Unexp Appt 07/31/14 Zone 2 Colson Zulmar Unexp Appt 04/03/12 07/31/15 Zone 3 Wendy Smith Appt 06/19/12 unexp + 2 yrs 07/31/15 Zone 4 Vacant Unexp Appt 07/31/15 Zone 5 Dorothy Payne Appt 06/19/12 unexp + 2 yrs 07/31/15 Zone 6 Adam Reback Unexp Appt 06/05/12 07/31/14 At Large Vacant Uenxp Appt Representative 07/31/14 At Large Patricia Westall Unexp Appt 09/04/12 Representative 07/31/15 At Large Pearl Markfield Elrod Appt 07/05/12 Representative 07/31/13 Nathaniel Ellis Unexp Appt 10/16/12 Student 07/31/13 Elisha Porter Unexp Appt 10/16/12 Student Board 13 /Neighborhood Advisory Council CITY OF DELRAY BEACH, FLORIDA Neighborhood Advisory Council - Appointment Zones - ON' CIlYOF DaAAY8F4CK R- AlAAKWG 6 ZoNwG DfPARrmEwT WRCH 2OW " ONE w!k -- MrfAL9&SEUIPSYSJBI-- GRAVFpC SCALE Applicant NEIGHBORHOOD ADVISORY COUNCIL EXHIBIT A Zone 1 Subdivision Stephen Lampel Incumbent Rainberry Bay Shirl Fields Bonnie Altenhein Zone 2 Zone 4 At Large Representative N/A Del Ida Park Wyana Claxton (currently serving on the Police Advisory Board) Tropic Bay Brenda Cullinan(currently serving on the Board of Adjustment) Tropic Bay Ivan Ladizinsky Eastwinds DeAnna Longo (currently serving on the Code Enforcement Board) Sunny Heights Sheri Hack Highland Grove Estates Mary Minieka (currently serving on the Public Art Advisory Board) Linton Lakes Shawn Perrigo N/A Nancy Richards Tropic Isle Maureen Smith Tropic Isle Phyllis Willingham (currently serving on the Kids & Cops Committee) Rosemont Park MEMORANDUM TO: Mayor and City Commissioners FROM: Douglas E. Smith, Interim City Manager DATE: February 12, 2013 SUBJECT: AGENDA ITEM 10.P. - REGULAR COMMISSION MEETING OF FEBRUARY 19, 2013 APPOINTMENT TO THE FINANCIAL REVIEW BOARD ITEM BEFORE COMMISSION This item is before the City Commission for an appointment to the Financial Review Board. BACKGROUND There is a vacancy on the Financial Review Board for one (1) regular member due to Ms. Christina Morrison being appointed to City Commission. The term is unexpired ending July 31, 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 one (1) regular member. On October 6, 2009, the Delray Beach City Commission adopted Resolution No. 55 -09 establishing the Budget Review Committee to review the City's budget, systems and procedures, technology improvements, or related materials and concepts and make recommendations regarding revenues, salaries and benefits, operating expenses, debt service expenses, capital outlay, grants to other entities and transfers to other funds or any other items that may favorably impact the City's budget and overall financial condition. The Commission later adopted Resolution No. 58 -09 which renamed the committee as the Financial Review Board with the expanded responsibilities of analysis of revenues and expenses and business practices and processes. Resolution No. 05 -11 provided further amendments to clarify that the Board's duties shall fall under the direction of the City Manager or the City Commission and to restrict the membership of the Board. The Financial Review Board shall consist of nine (9) members. Five (5) seats on the Board must be filled with a certified public accountant, accounting professional, finance professional, certified financial planner, investment advisor, insurance professional (property/casualty or health), business owner /manager /officer and someone with an MBA or MPA degree. The remaining four (4) members may be at large. The following individuals have submitted applications and would like to be considered for appointment: (See Exhibit A Attached) A check for code violations and /or municipal liens was conducted. None were found. Voter registration verification was completed and they are registered. Based on the rotation system, the appointment will be made by Mayor Carney (Seat #5) for one (1) regular member to serve an unexpired term plus a two (2) year term ending July 31, 2015. RECOMMENDATION Recommend appointment of one (1) regular member to serve an unexpired term plus a two (2) year term ending July 31, 2015. FINANCIAL REVIEW BOARD 01/13 TERM EXPIRES REGULAR MEMBERS OCCUPATION 07/31/14 Brian Anderson Director of Unexp Appt 03/20/12 Communications reappt 07/05/12 07/31/14 RosaTorres- Tumazos Business Strategy Unexp Appt 06/05/12 + 2 Consultant Yrs 07/31/13 John Hallahan, Vice Chairperson Assistant Director of Unexp Appt 04/05/11 Operations /Retired Reappt06 /21/11 P.E. MBA 07/31/14 Brian Wood Unexp Appt 01/17/12 Director /Senior Reappt07 /17/12 Manager-Finance 07/31/15 Vacant Unexp Appt + 2 yr term 07/31/13 Jeremy Office Unexp Appt 07/17/12 Financial Manager 07/31/14 Luise Plane Executive Appt 07/20/10 Management Reappt07 /17/12 ALTERNATES 07/31/13 Warren Trilling Business Unexp Appt 01/03/12 Development Manager CPA 07/31/13 Selma Snow Retired /Fiscal Unexp Appt 08/07/12 Officer S/ City Clerk /Board 13/ Financial Review Board FINANCIAL REVIEW BOARD EXHIBIT A Applicant with experience in the professions required: Mark Spennacchio Finance Director — Retired/MBA Applicant interested in being an at -large member: Joe Farkas Banking/President /C.E.O. Jeff Ritter Consulting Alan Weitz Banking MEMORANDUM TO: Mayor and City Commissioners FROM: MARK MCDONNELL, AICP, ASST. DIRECTOR PLANNING AND ZONING PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING THROUGH: DOUGLAS E. SMITH, INTERIM CITY MANAGER DATE: February 13, 2013 SUBJECT: AGENDA ITEM 11.A. - REGULAR COMMISSION MEETING OF FEBRUARY 19, 2013 ORDINANCE NO. 05 -13 (FIRST READING/ FIRST PUBLIC HEARING) ITEM BEFORE COMMISSION Approval of a privately- initiated amendment to the Land Development Regulations (LDRs) that will add the Delray Medical Center campus to the list of areas eligible to request an increase in the maximum allowable height (up to 60'). BACKGROUND The applicant has petitioned the City to amend the Land Development Regulations to add the Delray Medical Center campus to the list of properties eligible to request an increase in the maximum allowable height. The property is zoned CF- Community Facilities which has a maximum permitted height of 48 feet. The proposed amendment would allow a maximum height to 60 feet as a conditional use. The Delray Medical Center has also concurrently submitted the conditional use request associated with the text amendment, along with a Class IV site plan modification which will add a 4- story, 129,188 sq. ft. bed tower and a 5- level, 343 space parking structure, and expansion of the energy plant. The bed tower addition will add 140 private patient rooms to transition from semi - private to private rooms. It should be noted that the expansion will not actually add beds; rather, it will result in the conversion of the existing 280 beds from semi - private to private rooms. The conversion is prompted by new industry code and guideline requirements related to an enhanced level of patient privacy for patient care. Delray Medical Center offered two primary reasons why the amendment is necessary. First, they note that the property is landlocked with no opportunity to acquire adjacent land to allow expansion that would allow compliance with the LDRs. Secondly, they explain that due to building code ventilation and structural requirements, hospitals are built with a significantly greater floor -to -floor ratio. The space between floors generally measure from 6 to 8 feet to allow for easy access for repair, alteration, and/or renovation, and generally contain the necessary infrastructure to serve patient rooms, and other services provided by the hospital, such as telecommunications, heating, ventilation, oxygen, and other mechanical provisions necessary for the use. The applicant further notes that medical construction includes mechanical systems that are larger than in typical commercial construction due to the volume of air required to meet the pressurization and fresh air requirements. The unique construction design results with the per story height for hospitals greater than other buildings, such as professional or medical office buildings. REVIEW BY OTHERS The Planning and Zoning Board reviewed the item at their January 29, 2013 meeting and a unanimous recommendation of approval was made. RECOMMENDATION By motion, approve Ordinance No. 05 -13 on first reading for a privately- initiated amendment to the Land Development Regulations, by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. ORDINANCE NO. 05 -13 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.3.40), "HEIGHT ", SUBSECTION (4), "INCREASES TO HEIGHT REGULATIONS ", SUBSECTION (b), "ALLOWANCES ", TO ALLOW AN INCREASE IN BUILDING HEIGHT TO BE CONSIDERED FOR DELRAY MEDICAL CENTER; PROVIDING A SAVING CLAUSE, A GENERAL, REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on January 29, 2013, and voted 6 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Section 4.3.40), "Height ", Subsection (4), "Increases to Height Regulations ", Sub - Subsection (b), "Allowances ", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (4) Increases to Height Regulations: (a) Prohibitions: There are no provisions which allow, nor is the Board of Adjustment empowered to grant, an increase of height for any purpose in the following zone districts: Single Family (R -1) Districts Rural Residential (RR) Agriculture (Ag) Mobile Home (MH) Low Density Residential (RL) Planned Residential Development (PRD) Neighborhood Commercial (NC) Conservation District (CD) Medium Density Residential (RM) Residential Office (RO) Professional and Office District (POD) Open Space (OS) (b) Allowances: An increase, to a maximum height of sixty feet (60'), may be approved by the City Commission in any zone district not listed above when approved pursuant to the processing of a conditional use request and based upon a finding of compliance with each of enumerated criteria listed below- . as applicable: (i) That the structure is to be located in one of the following geographic areas: (1) Area "A" - all property located east of Congress Avenue and west of I- 95. (2) Area "B" - the property encompassed by the Delint DRI, with the exception of that portion platted as "Waterford Village "; along with property located west of S.W. 10th Avenue, south of Linton Boulevard, and east of I -95. (3) Area "C" - the property encompassed by the boundary of Linton Boulevard, Wallace Drive, S.W. 10th Street, and I -95. (4) Area "D" - the properties located south of Atlantic Avenue, north of S.W. 1st Street, west of S.W. 2nd Avenue, and east of S.W. 4th Avenue; and the properties located north of Atlantic Avenue, south of N.W. 1st Street, west of N.W. 1st Avenue, and east of N.W. 3rd Avenue. (5) Area "E" - the property encompassed on the west by the F.E.C. Railroad, on the east by the Intracoastal Waterway, on the south by Allen Avenue extended to said easterly and westerly boundaries, and on the north to the northernmost boundary of the City. (6) Area "F" - the property located between the one -way pair system of Federal Highway (5th and 6th Avenues). (7) Area "G" - the property on either side of Linton Boulevard, extending 200 feet north and south of its ultimate right -of -way, extending from I- 95 to Dixie Highway. 2 ORD. NO. (8) Area "H" - the area bounded by Linton Boulevard on the south, the F.E.C. Railroad on the east, the combination of Southridge Road and Swinton Avenue on the north, and S.W. 4th Avenue on the west. (9) Area "I" - all property within the Central Core portion of the CBD (Central Business District), except for that portion within 150' of any zoning district which has a maximum height limit of 35', measured from the property line of the CBD zoned property. (10) Area "J" - the property encompassed by Lindell Boulevard on the north, Federal Highway on the east, Dixie Highway on the west, and the City limits on the south. (11) Area "K" — the property within the project known as Delray Medical Center (DelraT�pitaD, located on the south side of Linton Boulevard approximatel�: 1,240 feet west of Military Trail, and as annexed into the City of Delrav Beach via Ordinance 33 -05. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2013. ATTEST MAYOR City Clerk First Reading Second Reading H:\JOBS \Delray Medical Center_81- 018 \Boruff PL_.022 \Documents \Submitted Documents \LDR -CU Submittal 120712 \LDRTA \DRAFT LDR amendment increasing height regulations 121312.docx 3 ORD. NO. r7 w Z l U � 4; L I N T 0 N J ¢ Z U LAS VERDES DRIVE V E R E 5 VERDES a 3 0 o: i J CA CF ST. 0 DUNCAN CENTER DELR Y TOWN CE N TER B O U L E V A R D WELLS PALM FARGO - • : TER MEDICAL r,�,DELRA MEDICA • N 0 SOUTH COUNTY MENTAL HEALTH C i SOUTH C. PROFESSIONAL CENTRE CONDO • = =_I •� • _ 'S PLANNING AND ZONING DEPARTMENT SUBJECT MUNICIPAL. PROPERTY LIMITS — DEL RAY MEDICAL CENTER LOCATION MAP -- DIGITAL BASE MAP SYSTEM -- MAP REF: S: \Planning & Zoning \DBMS \File— Cab \Z —LM 500 - 100 \LM9408 —Delray Medical Center PLANNING AND ZONING BOARD STAFF REPORT MEETING DATE: JANUARY 29, 2013 AGENDA NO: V. B. AGENDA ITEM: CONSIDERATION OF A PRIVATELY - INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDR), BY AMENDING SECTION 4.3.4(J), "HEIGHT ", SUBSECTION (4) "INCREASES TO HEIGHT REGULATIONS ", SUBJECTION (b) "ALLOWANCES ", TO ADD THE DELRAY MEDICAL CENTER CAMPUS TO THE LIST OF PROPERTIES ELIGIBLE TO REQUEST A HEIGHT INCREASE. ITEM BEFORE THE BOARD The item before the Board is to make a recommendation to the City Commission regarding a privately- initiated amendment to the Land Development Regulations (LDRs) that will add the Delray Medical Center campus to the list of areas eligible to request an increase in the maximum allowable height. Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. BACKGROUND The applicant has petitioned the City to amend the Land Development Regulations to add the Delray Medical Center campus to the list of properties eligible to request an increase in the maximum allowable height. The property is zoned CF- Community Facilities which has a maximum permitted height of 48 feet. The proposed amendment will allow a request to the City Commission to increase the maximum allowable height to 60 feet through the conditional use process. The Delray Medical Center has also concurrently submitted the conditional use request associated with the text amendment, along with a Class IV site plan modification which will add a 4- story, 129,188 sq. ft. bed tower and a 5- level, 343 space parking structure, and expansion of the energy plant. The bed tower addition will add 140 private patient rooms to transition from semi - private to private rooms. It should be noted that the expansion will not actually add beds; rather, it will result in the conversion of the existing 280 beds from semi - private to private rooms. The conversion is prompted by new industry code and guideline requirements related to an enhanced level of patient privacy for patient care. Delray Medical Center offered two primary reasons why the amendment is necessary. First, they note that the property is landlocked with no opportunity to acquire adjacent land to allow expansion that would allow compliance with the LDRs. Secondly, they explain that due to building code ventilation and structural requirements, hospitals are built with a significantly greater floor -to -floor ratio. The space between floors generally measure from 6 to 8 feet to allow for easy access for repair, alteration, and /or renovation, and generally contain the necessary infrastructure to serve patient rooms, and other services provided by the hospital, such as telecommunications, heating, ventilation, oxygen, and other mechanical provisions necessary for the use. The applicant further notes that medical construction includes mechanical systems that are larger than in typical Planning and Zoning Board Meeting, January 29, 2013 LDR Amendment -Add Delray Medical Center to Height Exemptions commercial construction due to the volume of air required to meet the pressurization and fresh air requirements. The unique construction design results with the per story height for hospitals greater than other buildings, such as professional or medical office buildings. ANALYSIS It is noted that the CF- Community Facilities zoning district currently has a 48 -foot maximum allowable height throughout the city. The CF zoning district requires a minimum 10 -foot perimeter buffer, and when adjacent to a residential zoning district, the buffer increases to 15 feet. For Hospital uses, LDR Section 4.3.3(L)(3) requires a 50 -foot setback for structures, and that no parking be located within 25 feet of a property line. An increase to the maximum allowable height to 60 feet may require adherence to an additional 2 -foot setback for each foot above the standard 48 -foot maximum (it is one of the two criteria required to be met among the three that are listed). In this case, buildings at 60 feet may be required to show an additional 24 foot setback for a total setback of 74 feet. The currently designed site plan would have no difficulty in satisfying these criteria. Allowing additional height as a conditional use will require consideration of surrounding uses and mitigation measures to ensure compatibility. Additional setbacks, along with the design of open areas, such as courtyards, plazas, and landscaped setbacks, are required criteria for increased height consideration to add interest and provide relief from the building mass. Surrounding uses include multi - family residential development in unincorporated Palm Beach County called Las Verdes, zoned RM to the north across Linton Blvd. Multi- family residential development in unincorporated Palm Beach County called Country Lake, zoned RS to the south. To the east is the Delray Medical Center Condos (currently in unincorporated Palm Beach County), identified as a future annexation area, and the Wal -Mart, which is zoned PC- Planned Commercial. To the west is Lago Vista and Fair Oaks institutional uses which are considered a part the larger Delray Medical Complex. It is anticipated that no issues achieving compatibility will arise due to the extensive setback for buildings exceeding a height of 48 feet, along with the significant landscape buffer requirements, and therefore there should be little to no impact felt by the adjacent developments. REQUIRED FINDINGS Comprehensive Plan Conformance LDR Section 2.4.5(M)(5) (Findings) requires that the City Commission make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. Future Land Use Element Objective A -5 states: The City shall maintain its Land Development Regulations, which shall be regularly reviewed and updated, to provide timely, equitable and streamlined processes including, but not limited to, building permit processes for residential developments and to accommodate mixed -use developments, and other innovative development practices. The Delray Medical Center is a valuable asset to the greater Delray Beach community, and the amendment is necessary from a room privacy standpoint, as well as from a mechanical and utility prospective. The continued organized and appropriate expansion of this facility is of community importance. 2 Planning and Zoning Board Meeting, January 29, 2013 LDR Amendment -Add Delray Medical Center to Height Exemptions REVIEW BY OTHERS Courtesy Notices Courtesy notices were provided to the following homeowner and civic associations: • Neighborhood Advisory Council • Delray Citizen's Coalition Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. ASSESSMENT AND CONCLUSION The expansion of the Delray Medical Center to address changing regulations (patient's privacy) in the most efficient manner requires this amendment which will further enhance the medical center, and improve the level of service this facility provides to the community. As noted in the report, the unique nature of the use (large floor to ceiling footprints) requires increased heights to accommodate four (4) floors. The increased setbacks for taller buildings, along with the significant landscape buffer requirements, will ensure mitigation of any possible negative impacts to adjacent developments. It is further noted that no increase in the intensity of the use over the current bed count will result from this amendment. ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission of the amendment to Land Development Regulations, Section 4.3.4(J)(4) "Increases to Height Regulations ", Subsection (b), "Allowances ", to allow an increase in building height to be considered for Delray Medical Center, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M) C. Move a recommendation of denial to the City Commission of the amendment to Land Development Regulations, Section 4.3.4(J)(4) "Increases to Height Regulations ", Subsection (b), "Allowances ", to allow an increase in building height to be considered for Delray Medical Center, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Section 2.4.5(M) (motion to be made in the affirmative). RECOMMENDED ACTION Recommend approval of the amendment to Land Development Regulations, Section 4.3.4(J)(4) "Increases to Height Regulations ", Subsection (b), "Allowances ", to allow an increase in building height to be considered for Delray Medical Center, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). Attachment: • Proposed Ordinance 3 MEMORANDUM TO: Mayor and City Commissioners FROM: Douglas E. Smith, Interim City Manager DATE: February 12, 2013 SUBJECT: AGENDA ITEM H.B. - REGULAR COMMISSION MEETING OF FEBRUARY 19, 2013 ORDINANCE NO. 02-13 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading to consider an amendment to Section 91.22, "Prohibiting Dogs in Public Buildings, Places of Business ", in order to allow service dogs in public buildings or places of business in accordance with the Americans with Disabilities Act. BACKGROUND At the first reading on February 5, 2013, the Commission passed Ordinance No. 02 -13. RECOMMENDATION Recommend approval of Ordinance No. 02 -13 on second and final reading. ORDINANCE NO. 02 -13 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 91.22, "PROHIBITING DOGS IN PUBLIC BUILDINGS, PLACES OF BUSINESS ", IN ORDER TO ALLOW SERVICE DOGS IN PUBLIC BUILDINGS OR PLACES OF BUSINESS, PROVIDING A GENERAL, REPEALER CLAUSE; SAVING CLAUSE; AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida, has the authority to protect the public health, safety, and welfare of its citizens; and WHEREAS, the City Commission of the City of Delray Beach, Florida, recognizes that people with disabilities may require that service dogs accompany them in public buildings or places of business in accordance with Americans with Disabilities Act Rules and Regulations Regarding Service Animals per 28 CFR, Part 36. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH AS FOLLOWS: Section 1. That Section 91.22, "Prohibiting Dogs in Public Buildings, Places of Business ", of the Code of Ordinances of the City of Delray Beach, be, and the same is hereby amended to read as follows: Sec. 91.22 PROHIBITING DOGS IN PUBLIC BUILDINGS, PLACES OF BUSINESS. It shall be unlawful for any person who shall own, or be in control of or in charge of, any dog, to allow or permit the dog in any public building in the City, or in any place of business in the City without the permission of the owner or manager of the place of business, unless the dog is a service animal that is individually trained to do work or perform tasks for people with disabilities, including guiding people who are blind, alerting people who are deaf pulling a wheelchair, alerting and protecting a person who is having a seizure, or performing other similar duties [as further defined by the Americans with Disabilities Act Rules and Regulations Regarding Service Animals, 28 Code of Federal Regulations (CFR), Part 36, Subpart A- General 36.014 Definitions], in which case the dog shall be allowed in all areas of the building or place of business where the public is normally allowed to go. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such division shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. By adopting this ordinance, the City Commission intends that each part shall be separate from one another and any part declared to be invalid or unconstitutional shall not affect the validity of any remaining portions of the ordinance. Section 3. That all ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That this ordinance shall become effective immediately upon passage. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2013. ATTEST: City Clerk First Reading Second Reading MAYOR 2 Ord. No. 02 -13 Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: Terrill Pyburn, Assistant City Attorney THROUGH: Brian Shutt, City Attorney DATE: January 14, 2013 Page 1 of 1 SUBJECT: AGENDA ITEM 12.A. - REGULAR COMMISSION MEETING OF FEBRUARY 5, 2013 ORDINANCE NO. 02-13 ITEM BEFORE COMMISSION The item before Commission amends the City's Code of Ordinances, Section 91.22, "Prohibiting Dogs in Public Buildings, Places of Business ", in order to allow service dogs in public buildings or places of business in accordance with the Americans with Disabilities Act. BACKGROUND The attached ordinance amends the City's Code of Ordinances, Section 91.22, "Prohibiting Dogs in Public Buildings, Places of Business ", in order to allow service dogs in public buildings or places of business in accordance with the Americans with Disabilities Act. RECOMMENDATION The City Attorney's Office recommends City Commission approval. http:// itwebapp/ AgendaIntranet /Bluesheet.aspx ?ItemID =6411 &MeetingID =400 2/12/2013 MEMORANDUM TO: Mayor and City Commissioners FROM: Douglas E. Smith, Interim City Manager DATE: February 12, 2013 SUBJECT: AGENDA ITEM 11.C. - REGULAR COMMISSION MEETING OF FEBRUARY 19, 2013 ORDINANCE NO. 04-13 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading and public hearing to consider an amendment to Ordinance No. 43 -11 which revises "Section 1, Designation ", and "Section 2, Requirements of Designation" of Ordinance No. 43 -11, and an amendment to Land Development Regulations (LDR) Section 4.5.1(1)(13), "Local Register of Historic Places ", to provide for a name change to "Historic Fontaine Fox House Properties" and the revised legal description of the designated boundary. BACKGROUND At the first reading on February 5, 2013, the City Commission passed Ordinance No. 04 -13. RECOMMENDATION Recommend approval of Ordinance No. 04 -13 on second and final reading. ORDINANCE NO. 04 -13 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 43 -11 THAT PROVIDES FOR THE HISTORIC DESIGNATION OF THE HISTORIC FONTAINE FOX HOUSE PROPERTIES; AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING ARTICLE 4.5, "OVERLAY AND ENVIRONMENTAL MANAGEMENT DISTRICTS ", SECTION 4.5.1, "HISTORIC PRESERVATION: DESIGNATED DISTRICTS, SITES, AND BUILDINGS ", SUBSECTION (1), "LOCAL REGISTER OF HISTORIC PLACES" TO REVISE THE LEGAL DESCRIPTION, PROVIDING A SAVING CLAUSE, A GENERAL, REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, Ordinance No. 70 -89 was adopted on October 24, 1989 and provided for the original historic designation of the Fontaine Fox House and property as described in Section 4.5.1of the City's Land Development Regulations, and allowed the development of a total of 3 dwelling units on the site including the development of a house on the east side of A -1 -A, provided certain conditions were met; and WHEREAS, Ordinance No. 43 -11 was adopted on December 6, 2011 and provided for an amendment to the original historic designation of the Fontaine Fox House and property which revised the legal description, but maintained the original boundary; and WHEREAS, there currently exists the Fontaine Fox house and a house on the west side of A -1 -A within the historically designated area; and WHEREAS, the boundary of the historically designated Fontaine Fox House consists of six (6) properties, or a portion thereof, and is renamed the "Historic Fontaine Fox House Properties" on the Local Register of Historic Places: WHEREAS, the Historic Fontaine Fox House Properties consists of the following: 1. 615 N. Ocean Boulevard, Lot 1, Ocean Apple Estates 2. 605 Andrews Avenue, Lot 3, Ocean Apple Estates, Plat II 3. 1206 Hammond Road, South 50 feet of Lot 1, Ocean Apple Estates, Plat II 4. Vacant, South 50 feet of Lot 2, Ocean Apple Estates, Plat II 5. 610 N. Ocean Boulevard, Lot 1, Ocean Apple Estates, Plat III 6. Vacant, Lot 2, Ocean Apple Estates, Plat III NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Section 1, "Designation" of Ordinance No. 43 -11 of the City of Delray Beach is hereby amended to read as follows: Designation The Historic Fontaine Fox House Properties designation consists of Lots 1 ftnd 2 of the Ocean Apple Estates plat, the South fifty feet (50') of Lots 1 and 2 of the Apple Ocean Estates, Plat II, ai-,d Lot 3 of the Ocean Apple Estates, Plat II, and Lots 1 and 2 of the Ocean Apple Estates, Plat III. The Fontaine Fox House is located on Lot 2 1; of the Ocean Apple Estates, Plat III at 610 North Ocean Boulevard. Section 2. That Section 2, "Requirements of Designation" of Ordinance No. 43 -11 of the City of Delray Beach is hereby amended to read as follows: Requirements and Restrictions of Designation Notwithstanding any provision of the City Code of the City of Delray Beach and any other provision of this Ordinance, the following requirements shall apply to the use and development of the Individually Designated Historic Fontaine Fox s4e House Properties: (1) No more than wee -(;) a total of four (41 dwelling units shall be used, developed, or located within the boundaries of the Historic Fontaine Fox 11isfe)rie Sife House Properties. 44-e Three dwelling units currently exist en the histev:e site within the designated boundary, with one unit on Lot 1, Ocean Apple Estates (615 North Ocean Boulevard ftnd the ..the f one on Lot -2 1 Ocean Apple Estates, Plat III (610 North Ocean Boulevard, and one unit on Lot 3. Ocean Apple Estates, Plat II (605 Andrews Avenue). An additional dwelling unit may be constructed on Lot 2 of Ocean Apple Estates, Plat III. (2) No dwelling unit used or developed on that portion of the Historic Fontaine Fox 11isfe,fie Sif House Properties which lies east of State Road A -1 -A shall contain more than two thousand and four hundred (2,400) square feet of gross floor area. (3) No dwelling unit, or any portion thereof, shall be developed within the south fifty feet (50') of Lots 1 and 2 of the Ocean Apple Estates, Plat II. 2 ORD. NO. 04 -13 (4) Lot 2 of Ocean Apple Estates, Plat III shall include the following development restrictions: (i) a seven t, foot (70') front building setback line, (ii) a twenty -three foot (23') south side building setback line, (iii) a thirteen foot (13') south side landscape easement for landscape materials only, (iv) a twelve foot (12') north side landscape easement for landscape materials only, (v) installation of fences, walls, or other hardscape materials within the landscape easement is prohibited, (vi) a maximum building height of 25' from grade to the roof line, (vii) a maximum of 4,200 total square feet, under -air, for a primary residence, and total 700 square feet for a guest house. Section 3. That Article 4.5, "Overlay and Environmental Management Districts ", Section 4.5.1, "Historic Preservation Designated Districts, Sites, and Buildings ", Subsection (I), "Local Register of Historic Places ", of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be amended to read as follows: (I) Local Register of Historic Places_ The following Historic Districts, Sites, and /or Buildings are hereby affirmed or established: (1) NASSAU PARK HISTORIC DISTRICT which consists of Lots 2 -19 of Nassau Park, as recorded in Plat Book 16, page 67 of Palm Beach County, Florida; Lots 1 -12 of Wheatley Subdivision, as recorded in Plat Book 16, page 98 of Palm Beach County, Florida; and Block E, Lot 4 and Block F, Lot 1 of John B. Reid's Village as recorded in Plat Book 21, page 95 of Palm Beach County, Florida. (Original designation by Ordinance 97 -87 adopted on January 12, 1988) (2) OLD SCHOOL SQUARE HISTORIC DISTRICT which consists of the south one -half of Block 57 and Blocks 58 -62, Blocks 65 -70, the west half of Blocks 74 and 75, and Lots 1 -6 of Block 76, Town of Linton Plat, as recorded in Plat Book 1, Page 3, Palm Beach County Records. (Original designation by Ordinance 1 -88 adopted on February 9, 1988). (3) DEL -IDA PARK HISTORIC DISTRICT which consists of Blocks 1 through 13, inclusive, along with Tracts A, B, and C DEL -IDA PARK, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida recorded in Plat Book 9 at Page 62 (Original designation by Ordinance 9 -88 adopted on March 22, 1988) (4) SUNDY FEED STORE, located on the South 85 feet of the North 153 feet of Lot 1, Block 84, Delray Beach, Palm Beach County. (Original designation by Ordinance 102 -88, August 23, 1988, Note: In 1991, the structure was relocated outside of the City of Delray Beach.) 3 ORD. NO. 04 -13 (5) HISTORIC DEPOT SQUARE, located on a parcel of land lying in Section 18, Township 46 South, Range 43 East, City of Delray Beach (Original designation by Ordinance 119 -88, October 11, 1988) (6) MARINA HISTORIC DISTRICT which consists of Lots 1 to 11, inclusive, Lots 22 to 66, inclusive and Lots 83 to 93, inclusive, Palm Square, an unrecorded Plat located in Block 125 and Block 133 of the Town of Linton n /k /a Delray Beach (according to the plat thereof as recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach County, Florida); Together with Lots A, D, E and F, Riker Square, according to the Plat thereof, recorded in Plat Book 18, Page 74 of the Public Records of Palm Beach County, Florida; Together with all of Anchorage Condominium, according to the Declaration of Condominium thereof, as recorded in Official Records Book 3060, Page 369, of the Public records of Palm Beach County, Florida, said Condominium being located within Lots B and C, Riker Square, according to the Plat thereof, recorded in Plat Book 18, Page 74 of the Public Records of Palm Beach County, Florida; Together with Lot 1 and Lots 5 to 12, inclusive, Resubdivision of Block 118, Town of Linton n /k /a Delray Beach, according to the Plat thereof, recorded in Plat Book 2, Page 8 of the Public Records of Palm Beach County, Florida; Together with all of Sloan Hammock Condominium, according to the Declaration of Condominium thereof, as recorded in Official Records Book 9271, Page 258, of the Public records of Palm Beach County, Florida, said Condominium being located within Lots 2, 3 and 4, Resubdivision of Block 118, Town of Linton n /k /a Delray Beach, according to the Plat thereof, recorded in Plat Book 2, Page 8 of the Public Records of Palm Beach County, Florida; Together with Lots 1 to 7, inclusive and Lots 13 to 24, inclusive, Resubdivision of Block 126, Town of Linton n /k /a Delray Beach, according to the Plat thereof, recorded in Plat Book 11, Page 4 of the Public Records of Palm Beach County, Florida; Together with the South 50 feet of the North 176 feet of the West 165 feet of Block 126, Town of Linton n /k /a Delray Beach, according to the Plat thereof, recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach County, Florida; Together with Lots 1 to 8, inclusive, and Tracts A and B, Marine Bay, according to the Plat thereof, recorded in Plat Book 89, Page 162 of the Public Records of Palm Beach County, Florida; Together with all of Block 134 lying West of Intracoastal Waterway, Town of Linton n /k /a Delray Beach, according to the Plat thereof, recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach County, Florida; Together with Lots 13 to 24, inclusive (less South 15 feet SE 3rd Street and North 15 feet SE 2nd Street R /WS, Gracey -Byrd Subdivision, according to the Plat thereof, as recorded in Plat Book 10, Page 52 of the Public Records of Palm Beach County, Florida; Together with Lots A to E, inclusive, The Moorings, according to the Plat thereof, as recorded in Plat Book 20, Page 27 of the Public Records of Palm Beach County, Florida; Together with the North 1/2 of the South 1/2 of Block 127 (less the North 64 feet thereof, & the West 20 feet SE 7th Avenue R /W), Town of Linton n /k /a Delray Beach, according to the Plat thereof, recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach County, Florida; together with Lots 1 and 2, Stone Hedge, according to the Plat thereof, as recorded in Plat Book 58, Page 176 of the Public Records of Palm Beach County, Florida; Together with Lots 23 and 24, and the East 8 feet of abandoned alley lying west of and adjacent thereto, Block 120, Blank- Nichols Subdivision, according to the Plat thereof, as recorded in Plat Book 13, Page 28 of the Public Records of Palm Beach County, Florida; Together with Lots 1 to 3, inclusive, and the North 20 feet of Lot 4, Block 128, Blank- Nichols Subdivision, according to the Plat thereof, as recorded in Plat Book 13, Page 28 of the Public Records of Palm Beach County, Florida. 4 ORD. NO. 04 -13 (Original designation by Ordinance 156 -88 adopted on December 20, 1988; Amended by Ordinance 38 -07, February 2, 2008; Amended by Ordinance 10 -09, March 17, 2009) (7) THE KOCH HOUSE, 777 North Ocean Boulevard. Palm Beach Shore Acres, Lot 21, Block D, Delray Beach, Palm Beach County. (Original Designation by Ordinance 162 -88, January 10, 1989.) (8) SITE OF SCHOOL NO. 4 DELRAY COLORED, located on Block 28, Lot 2, N.W. 5th Avenue. (Original designation by Ordinance 16 -89, April 11, 1989) (9) GREATER MOUNT OLIVE MISSIONARY BAPTIST CHURCH, 40 N.W. 4th Avenue, located on Lot 7, Block 28, Delray Beach. (Original designation by Ordinance 17 -89, April 11, 1989) (10) ST. PAUL AFRICAN METHODIST EPISCOPAL CHURCH, 119 N.W. 5th Avenue, located on Lot 5, Block 27, Delray Beach (Original designation by Ordinance 18 -89, April 11, 1989) (11) THE FREE AND ACCEPTED MASONS OF DELRAY BEACH LODGE 275, 85 N.W. 5th Avenue, located on Lot 1, Block 28, Delray Beach (Original designation by Ordinance 19- 89, April 11, 1989) (12) ST. MATTHEW EPISCOPAL CHURCH, 404 S.W. 3rd Street, located on Lot 1, Block 32, Delray Beach (Original designation by Ordinance 20 -89, April 11, 1989) (13) HISTORIC FONTAINE FOX HOUSE PROPERTIES, The Fontaine Fox House is located at 610 N. Ocean Boulevard, the complete boundary of the site consists of leeffted en Lot -2 1 of Ocean Apple Estates;; ftftd whese hisferieffily desigftftfed bettftdftty eeftsisfs e 17e`s 4 ftfta 2 r ee ftig Apple F'sf `e.%, , Lots 1 and 2 of Ocean Apple Estates, Plat 44 III,; � the South 50 feet of Lots 1 and 21 Ocean Apple Estates, Plat II; and Lot 3, Ocean Apple Estates, Plat II. (Original Designation by Ordinance 70 -89, October 24, 1989, as amended by Ordinance 43 -11, December 6, 2011). (14) THE SCOTT HOUSE, 19 Andrews Avenue, located on the North 50 feet of the West 110 feet of the South 100 feet, less the West 10 feet of the Beach Lot 15, Subdivision of the Fractional East Half of Section 16, Township 46 South, Range 43 East, Delray Beach, Palm Beach County, Florida. (Original designation by Ordinance 17 -90, May 22, 1990). (15) THE COLONY HOTEL AND THE COLONY HOTEL NORTH ANNEX, located on the South 12 feet of Lot 18, Alley South of Lot 18, East 25 feet of Lot 21 and Lots 22, 23, 24 and 25, Inclusive, Block 108. And Lots 5, 6 and 7, Less 5 foot Road R /W, Block 108, Town of Delray, with the designation pertaining to the buildings only and not the grounds. (Original designation by Ordinance 22 -91, March 26, 1991) 5 ORD. NO. 04 -13 (16) MILTON -MYERS POST NO. 65, THE AMERICAN LEGION OF THE UNITED STATES, 263 N.E. 5th Avenue, located on Lots 5, 14 and 15, Block 106, Delray Beach, formerly Town of Linton, Palm Beach County, Florida. (Original designation by Ordinance 68 -94, October 18, 1994.) (17) SOLOMON D. SPADY HOUSE, 170 N.W. 5th Avenue, located on Lots 5, 6 and the north 26.25 feet of Lot 7, Block 19, Delray Beach, formerly Town of Linton, Palm Beach County, Florida. (Original designation by Ordinance 08 -95, February 7, 1995.) (18) THE SUSAN WILLIAMS HOUSE, located at 154 N.W. 5th Avenue, Delray Beach, Florida; more particularly described as follows: south 12 feet of Lot 7 and Lot 8, Melvin S. Burd Subdivision, as recorded in Plat Book 11, Page 73, of the Public Records of Palm Beach County, Florida (154 N.W. 5th Avenue). (Original designation by Ordinance 09 -95, February 7, 1995; amended by Ordinance 29 -02, July 16, 2002.) (19) THE MONTEREY HOUSE, 20 North Swinton Avenue, located on Lot 12, Block 60, Delray Beach, formerly Town of Linton, Palm Beach County, Florida. (Original designation by Ordinance 27 -95, June 6, 1995.) (20) THE HISTORIC BUNGALOW, 24 North Swinton Avenue, located south 50 feet of Lot 11, Block 60, Delray Beach, formerly Town of Linton, Palm Beach County, Florida. (Original designation by Ordinance 28 -95, June 6, 1995.) (21) THE BLANK HOUSE, 85 S.E. 6th Avenue, located on Lots 12, 13, and 14, Block 117, Delray Beach, formerly Town of Linton, Palm Beach County, Florida. (Original designation by Ordinance 29 -95, June 6, 1995.) (22) THE SANDOWAY HOUSE, 142 South Ocean Boulevard. Beach Lots Delray, the South 73 feet of the North 100 feet of Lot 24, less the West 355 feet, as recorded in Plat Book 1, Page 25, of the Public Records of Palm Beach County, Florida. (Original designation by Ordinance 57 -96, December 3, 1996.) (23) WEST SETTLERS HISTORIC DISTRICT is bounded on the north by Martin Luther King, Jr. Boulevard (N.W. 2nd Street). The eastern boundary is as follows: the alley running north and south in Block 43; N.W. 3rd Avenue between N.W. 1st Street and the east -west alley of Block 36. The southern boundary is N.W. 1st Street between N.W. 3rd Avenue and the alley in Block 43; the east -west alley in Block 36 and Block 28 and the south property line of Lot 13, Block 20. The western boundary is the north -south alley and the eastern one -half (1 /2) of the block south of the alley of Block 19; the north -south alley in the north half of Block 20. (Original designation by Ordinance 6- 97, February 18, 1997; Amended by Ordinance 38 -07, February 5, 2008). (24) THE TRINITY EVANGELICAL LUTHERAN CHURCH CHAPEL, located on a portion of the Trinity Evangelical Lutheran Church property at 400 North Swinton Avenue, 6 ORD. NO. 04 -13 Delray Beach, Florida; more particularly described as the East '/2 of Lot 12, Section 8- 46 -43, Delray Beach, Palm Beach County, Florida. The chapel is the only building in the church complex receiving an historic designation. The church complex is located at the northwest corner of Lake Ida Road and Swinton Avenue. (Original designation by Ordinance 26 -97, July 1, 1997.) (25) THE TURNER HOUSE, located at 145 N.E. 6th Avenue, Delray Beach, Florida; more particularly described as the South 27.6 feet of Lot 5, less the West 5 feet SR R /W, Lots 6 & 7, less the West 5 feet SR R /W, of Block 115, as recorded in Plat Book 1 at Page 3 of the Public Records of Palm Beach County, Florida. (Original designation by Ordinance 46 -97, November 18, 1997.) (26) THE PRICE HOUSE, located at 1109 Sea Spray Avenue, Delray Beach, Florida; more particularly described as Lot 11, Sea Spray Estates, as recorded in Plat Book 21 at Page 15 of the Public Records of Palm Beach County, Florida. (Original designation by Ordinance 12 -98, March 3, 1998.) (27) THE FELLOWSHIP HALL OF THE FIRST PRESBYTERIAN CHURCH OF DELRAY BEACH, located at 36 Bronson Street, Delray Beach, Florida; more particularly described as Lots 16, 17, 18 and 19, Block 3, Ocean Park Subdivision, as recorded in Plat Book 5 at Page 15 of the Public Records of Palm Beach County, Florida. (Original designation by Ordinance 46 -99, November 16, 1999.) (28) THE ATLANTIC AVENUE BRIDGE (State Structure #930864), located at East Atlantic Avenue and the Intracoastal Waterway in the City of Delray Beach, Palm Beach County, Florida. (Original designation by Ordinance 18 -00, August 15, 2000) (29) THE GEORGE BUSH BOULEVARD BRIDGE, formerly known as the N.E. 8th Street Bridge, (State Structure #930026), located at George Bush Boulevard and the Intracoastal Waterway in the City of Delray Beach, Palm Beach County, Florida. (Original designation by Ordinance 19 -00, August 15, 2000.) (30) THE WATER HOUSE, located at 916 and 918 Northeast 5th Street, Delray Beach, Florida; more particularly described as the West 84.82 feet of Lot 37, Las Palmas, Delray Beach, Florida, according to the Plat thereof recorded in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book 10 at Page 68. (Original designation by Ordinance 15 -01, February 20, 2001.) (31) THE O'NEAL HOUSE, located at 910 N.E. 2nd Avenue, Delray Beach, Florida, more particularly described as follows: Lots 1, 2, 3, 28 and 29, Block 10, Dell Park, Delray Beach, Palm Beach County, Florida, according to the Plat thereof, recorded in Plat Book 8 at Page 56 of the Public Records of Palm Beach County, Florida. (Original designation by Ordinance 27 -02, July 16, 2002.) (32) THE AMELUNG HOUSE, located at 102 NE 12th Street, Delray Beach, Florida, more particularly described as follows: Lot 9, Block 6, Dell Park, according to the Plat recorded in Plat 7 ORD. NO. 04 -13 Book 8, Page 56, recorded in the Public Records of Palm Beach County, Florida; said land situate, lying and being in Palm Beach County, Florida. (Original designation by Ordinance 25 -03, August 19, 2003.) (33) THE DEWITT ESTATE, located at 1110 North Swinton Avenue, Delray Beach, Florida, more particularly described as the East 365.69 feet of Lot 8 (less the West 40.00 feet of the South 20.00 feet of said East 365.69 feet of Lot 8) Subdivision of South half of East half of Lot 8, Section 8, Township 46 South, Range 43 East, according to the Plat thereof, as recorded in Plat Book 16, Page 80, of the Public Records of Palm Beach County, Florida. (Original designation by Ordinance 71 -04, January 4, 2005.) (34) THE HARTMAN HOUSE, located at 302 N.E. 7th Avenue, Delray Beach, Florida, more particularly described as follows: Lots 13 and 14, Block 113, Highland Park according to the map or plat thereof as recorded in Plat Book 2, Page 79, of the Public Records of Palm Beach County, Florida. (Original designation by Ordinance 26 -05, May 3, 2005.) (35) THE SEWELL C. BIGGS HOUSE, located at 212 Seabreeze Avenue, Delray Beach, Florida, more particularly described as follows: Lot 21 and the West 35 feet of Lot 22, Delray Beach Esplanade, according to the plat thereof, as recorded in Plat Book 18, Page 39, Public Records of Palm Beach County, Florida. (Original designation by Ordinance 50 -05, July 19, 2005.) (36) THE HARVEL HOUSE, located at 182 NW 5th Avenue, Delray Beach, Florida, more particularly described as follows: Lots 2 and south five feet of Lot 1, Melvin S. Burd Subdivision, according to the map or plat thereof as recorded in Plat Book 11, Page 73, of the Public Records of Palm Beach County, Florida. (Original designation by Ordinance 16 -10, July 20, 2010.) (37) ADAMS AUTO DEALERSHIP, located at 290 SE 6`h Avenue, Delray Beach, Florida, more particularly described as follows: Lots 30 and 31, Block 111, Town of Delray. (Original designation by Ordinance 24 -12, August 21, 2012) (38) WATERS - WELLENBRINK RESIDENCE, located at 290 SE 6`t' Avenue, Delray Beach, Florida, more particularly described as follows: West 25.13 Feet of Lot 32 & Lot 33, Delray Beach Esplanade. (Original designation by Ordinance 29 -12, October 16, 2012) ORD. NO. 04 -13 Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 6. That this ordinance shall become effective upon second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of ,201—. ATTEST City Clerk First Reading Second Reading MAYOR 9 ORD. NO. 04 -13 Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: Amy E. Alvarez, Historic Preservation Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: Douglas E. Smith, Interim City Manager DATE: January 29, 2013 Page 1 of 2 SUBJECT: AGENDA ITEM 12.B. - REGULAR COMMISSION MEETING OF FEBRUARY 5, 2013 ORDINANCE NO. 04-13 ITEM BEFORE COMMISSION The item before Commission is consideration of Ordinance 04 -13 which amends the legal description of the Fontaine Fox House historic designation, and changes the designated site name to "Historic Fontaine Fox House Properties" in LDR Section 4.5.1(I), and amends the legal description and development restrictions of the historically designated site set forth in Ordinance 43 -11. BACKGROUND The Fontaine Fox historic designation presently consists of Lots 1 and 2 of the Ocean Apple Estates Plat, the South 50' of Lots 1 and 2, and Lot 3 of Ocean Apple Estates, Plat II (see attached map). The properties are located approximately 900' south of George Bush Boulevard between Andrews Avenue and the Atlantic Ocean. Lot 1 of Ocean Apple Estates is on the east side of Ocean Boulevard (615 North Ocean Boulevard) while lot 2 is on the west side of Ocean Boulevard (610 North Ocean Boulevard). The Lots associated with Ocean Apple Estates, Plat II are located to the west of 610 Ocean Boulevard and span to Andrews Avenue. The properties are zoned R -1 -AAA (Single Family Residential) and were an individually listed on the Local Register of Historic Places in 1989 upon adoption of Ordinance 70- 89. Ordinances 70 -89 and 43 -11 contain the stipulations that on the oceanfront lot one dwelling unit of no more than 2,400 square feet could be built (house erected in 1993) and that the entire Fontaine Fox designated site not contain more than three dwelling units (one house per lot). Three dwelling units presently exist within the designated boundary. Ordinance 04 -13 amends the aforenoted stipulation regarding the maximum amount of dwelling units by permitting four (4) residences, and revising the legal description. These proposed Ordinance amendments are necessary as a result of the proposed Ocean Apple Estates, Plat III which subdivides Lot 2 of Ocean Apple Estates Plat into two conforming lots, each facing North Ocean Boulevard. It should be noted that previous attempts to subdivide the subject properties failed due to concerns over http: // itwebapp / Agendalntranet /Bluesheet.aspx ?ItemID= 6435 &MeetingID =400 2/12/2013 Coversheet Page 2 of 2 the impact on the historic Fontaine Fox House. This later attempt includes certain additional development restrictions on the newly created lots to assist in maintaining compatibility within the designated boundary. The attached map indicates the existing and proposed lot configuration, along with the border of the historic designation. REVIEW BY OTHERS The Historic Preservation Board (HPB) held a Public Hearing and considered the subject request at its January 16, 2013 meeting where a recommendation of approval was made on a vote of 6 -0. RECOMMENDATION Approve Ordinance 04 -13, which amends the legal description of the Fontaine Fox House historic designation, changes the designated site name to "Historic Fontaine Fox House Properties" in LDR Section 4.5.1(I), and amends the development restrictions, and schedule the Second Reading and Public Hearing for the City Commission meeting of February 19, 2013. http: // itwebapp/ AgendaIntranet /Bluesheet.aspx ?ItemID= 6435 &MeetingID =400 2/12/2013 MARINA >_ HISTORIC FONTAINE FOX HOUSE PROPERTIES =OCEAN APPLE ESTATES PLAT II — —BOUNDARY OF DESIGNATED HISTORIC _lam -•' SOUTHWAYs PROPOSED LOT CONFIGURATION PROPERTY, FONTAINE FOX HOUSE PL"IN _ DEPARTMENT ORDINANCE 04 -13 OCEAN APPLE ESTATES PLAT III = OCEAN APPLE ESTATES * FONTAINE FOX n HOUSE SITE THE at DELRA Y LANDINGS CONDO WEDGE— CRESTWOOD DRIVE WOOD W CONDO ~ ° Q Qo� M. S. A. M. S.A. TRACT HAM-D RD. 1 2 Q > v TRACT — - -- -- w I 2 J 1 J 3 Q — * � T� w ~ HARBOR DRIVE HARBOR DRI E m w ~ HARBOR DRIVE o~ m Q w m D o' Q z Q U = U w Q Q = U Q w > ce Q Q ISLAND DRIVE Q ISLAND DRIVE Q f— W Z w U w O z EXISTING LOT CONFIGURATION ORINANCE 43 -11 MARINA N HISTORIC FONTAINE FOX HOUSE PROPERTIES =OCEAN APPLE ESTATES PLAT II — —BOUNDARY OF DESIGNATED HISTORIC _lam -•' SOUTHWAYS PROPOSED LOT CONFIGURATION PROPERTY, FONTAINE FOX HOUSE PL"IN _ DEPARTMENT ORDINANCE 04 -13 OCEAN APPLE ESTATES PLAT III = OCEAN APPLE ESTATES * FONTAINE FOX n HOUSE SITE THE ae DELRAY LANDINGS CONDO WEDGE— of CRESTWOOD DRIVE WOOD Lu CONDO ~ ° Q ch� M.S.A. M.S.A. TRACT HAMMDND RD. 1 2 L Q v TRACT — — w VVVV�r� .crcc 2 J 1 3 Q — T� -- w ~ HARBOR DRIVE HARBOR DRI E m � o � Q w m of of z O O z Q = U w > U Q Q ISLAND DRIVE Q f— Lv Z w U o' O z ('7 N HISTORIC FONTAINE FOX HOUSE PROPERTIES =OCEAN APPLE ESTATES PLAT II — —BOUNDARY OF DESIGNATED HISTORIC _lam -•' � PROPOSED LOT CONFIGURATION PROPERTY, FONTAINE FOX HOUSE PL"IN _ DEPARTMENT ORDINANCE 04 -13 OCEAN APPLE ESTATES PLAT III = OCEAN APPLE ESTATES * FONTAINE FOX n HOUSE SITE -- DIGITAL BASE MAP SYSTEM -- MAP REF: S: \Planning & Zoning \DBMS \File— Cab \Z —LM 1001 - 1500 \LM1294_610 North Ocean Blvd_Fontaine Fox3l MEMORANDUM TO: Mayor and City Commissioners FROM: Ronald Hoggard, AICP, Principal Planner Paul Dorling, AICP, Director Planning and Zoning THROUGH: Douglas E. Smith, Interim City Manager DATE: February 13, 2013 SUBJECT: AGENDA ITEM ILC1 - REGULAR COMMISSION MEETING OF FEBRUARY 19, 2013 FINAL SUBDIVISION PLAT APPROVAL /OCEAN APPLE ESTATES PLAT THREE ITEM BEFORE COMMISSION The item before the City Commission is the certification of a final plat for a 1.42 acre two lot, single - family subdivision known as Ocean Apple Estates Plat Three. This plat is being processed pursuant to LDR Section 2.4.5(x), Minor Subdivisions. BACKGROUND The subject property is located within the North Beach/Seagate Neighborhood Overlay District at 610 North Ocean Boulevard, approximately 900' south of George Bush Boulevard. It is zoned Single Family Residential (R -1 -AAA). The property is currently platted as Lot 2, Ocean Apple Estates, (Plat Book 65, Page 100). The property will be replatted into two lots with the new plat to be known as Ocean Apple Estates Plat Three. This replat is in association with amendment and replacement of Ordinance No. 43 -11 with Ordinance No. 04-13, associated with the designation of the Historic Fontaine Fox House Properties, pursuant to LDR Section 4.5.1(B) and 4.5.1(1). The Fontaine Fox House will remain within Lot I of the new subdivision and an additional house will be constructed on the new lot (Lot 2) to the north. The Plat includes dedication of a 10' general utility easement in the front of the two lots, adjacent to North Ocean Boulevard; landscape buffer easements along the north and south side of Lot 2; and a relocated 12' sewer easement at the back of Lot 1. The Plat also depicts special building setbacks along the front (east) and south side of Lot 2 established in Ordinance No. 04 -13. This replat is now before the City Commission for final action. Plat Analysis: City staff has reviewed the plat and determined that all technical comments have been satisfied. Pursuant to LDR Section 3.1.1, prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information in the application, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to Future Land Use Map Consistency, Concurrency, Consistency with the Comprehensive Plan, and Compliance with the Land Development Regulations. Future Land Use Map The subject property has a Future Land Use Map Designation of LD (Low Density, 0 -5 dwelling units per acre) and a zoning designation of R -1 -AAA (Single Family Residential) Zoning District, which are consistent with one another. Within the R -1 -AAA zoning district, conventionally sited single - family detached residences are allowed as a permitted use. Concurrency The addition of 1 additional dwelling unit will have a minimal impact on water and sewer demands, traffic, drainage and solid waste as it relates to their level of service standards. Residential development, east of I -95, is exempt from traffic Concurrency standards. No internal street system is proposed with this development, as direct access is available from A -1 -A. A $500 park impact fee will be required for the additional unit at issuance of a building permit. Palm Beach County School District has approved the application for Concurrency Determination for the additional single family residential unit. Consistency The performance standards set forth in LDR Section 3.2.3 (Standards for Site Plan and/or Plat Actions) shall be the basis upon which a finding of overall consistency is to be made. As described in Appendix "A ", a positive finding for consistency can be made as it relates to Standards for Plat Actions. Land Development Regulations The proposed Ocean Apple Estates Plat Three will subdivide the property into two single- family lots with a width of 100' fronting on A -1 -A. The proposed 100' lot width is consistent with other single - family homes on the west side of A -1 -A in this area. As shown on the following table, both lots will meet or exceed the minimum lot dimension requirements in Section 4.3.4(K), "Development Standards Matrix" for the R -1 -AAA zoning district. LotSize (Square Feet Lot Width Minimum Required 12,500 100' Proposed Lot 1 27,145 100' Proposed Lot 2 34,664 100' Lot Depth Lot Frontage 110' 100' 196.35' 100' 346.6' 100' As shown on the attached survey, prior to its modification, the existing home on Lot 1 will cross the interior lot line between the two proposed lots. If this encroachment is not removed prior to recordation of the Plat, a Unity of Title must be immediately recorded. The Unity of Title may be dissolved upon elimination of the encroachment and approval of the Chief Building Official. Based upon the above, positive findings with respect to Future Land Use Map Consistency, Concurrency, Consistency with the Comprehensive Plan, and Compliance with the Land Development Regulations can be made. REVIEW BY OTHERS Minor Subdivisions are not reviewed by the Planning and Zoning Board. Since the property is an individually designated historic site, the Plat was reviewed by the Historic Preservation Board at its meeting of January 16, 2013 and the Board recommended approval of the plat with the addition of special landscape buffer easements and building setbacks to protect the historic house. These have been incorporated into the Plat and the new Designation Ordinance. Courtesy Notices: Courtesy notices have been sent to the following homeowner's and /or civic associations: • Neighborhood Advisory Council • Delray Citizen's Coalition • Beach Property Owners Association RECOMMENDATION Move approval for the Ocean Apple Estates Plat Three, by adopting the findings of fact and law contained in the staff report and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in Section 2.4.5(K) (Minor Subdivisions), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and Section 3. 1.1 (Required Findings) of the Land Development Regulations. OCEA N A PPL E ES TA TES PL A T THREE BEING A REPLAT OF LOT 2, OCEAN APPLE ESTATES, PLAT BOOK 65, PAGE 100 (P.B.CP.R.) BEING IN SECTION 9, TOWNSHIP 46 SOUTH, RANGE 43 EAST, CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA. JANUARY 2013 SHEET 1 OF 2 DEDICATION MORTGAGEES CONSENT TITLE CERTIFICATION xi KNOW ALL MU/ BY THESE PRESENTS THAT FRARK E McK1NMNY, R ANDWLSA STATE CF FLONSA) STATE OF FLORDA W PAW AdcldWlk Y, OWNERS W THE LAND SHOW HEREON BERG A REPLAT W LOT 2, OCEAN APPLE ESTATES PLAT BOOK 65, PAGE 1C0 (P,BCPIZ). BJNGW SECTION 9 COUNTY W PALM WAGE) COUNTY OF PALM BEACH SV$NR &,C I( -DARSA LEI TCWNSHnP 46 SOU/M, RANIGc' 43 EAST, C'TIY OF DELRAY EEACH, PALM BEACH LTXWIY, FLORIDA, SHOWN HEREON AS "OCEAN AFPE ESTATES PLAT THREE'. BEING MORE PARTOCAARLY DESCRIBES AS FOLLOWS THE UUERSYIXJED MERELY LFJ2TFES THAT R IS THE HOLDER W A MORTGAGE, LPCW THE SONORITY DESCRLRE `EREON AND DOSS JOW IN AND CONSENT TO THE 0£DICATON / A OLkY LICENSED ATTOWk'Y W THE STATE CF 2C`RIDA, DO HEREBY CFI2SIFY THAT I HAVE EXAUNED THE TITLE TO THE HEREON DESCOBED PRC°ERTI, THAT I FOR THE TITLE TO SHE PROPS TY 15 VESTED FRANK: £. LF TIE LAND D£SCRDED W SAID D£UCAANS BY THE OWNERS THEREOF AND AGREES THAT ITS MORTGAGE WHIT IS RECORDED W OFFICIAL RECORDS BODK AT PAGE pcNMEY, IS AND NNLSA M KAINEC THAT THE CURISNT TAXES HAVE BEEN LOT 2, OCC'AN APPLE ESTATES ACCCRONIG TO SFE PLAT THERECC AS RESHOOTS IN PLAT BOOK 65 PAGE VAL PUBLIC RECORDS OF OF SFE PUBLIC RE THODS � PALM BEACH COUNTY. FLORIDA SHALL BE SURGS)RATED TO THE DEDICATION SHOWN FFREON AID, THAT ALL MHAPPAGC'S NOT SATISFIED CR RELEASED OF RECORD NOR OTlNKSE TERMtiNATED BY LAW ARE SHOW HEREON AND THAT THERE ARE ENG4rWRANC£I W REIXdPD BUT THOSE —NCC'S DO HOT PRCMBIT THE PALM BEACH COUNTY, FL ROSS, CREATION OF THE SULDIVISKR DEP.CTED BY TINS PLAT. CGVTAINSO 61609 S LDRE FEET UP (42 ACRE'S MORE OR LESS IN W SYSTS WFEREW, THE SAID COOLISH OUR HAS CAUSED THESE PRESENTS TO BE NOTES HAVE CAUSED THE SAME TO BE SiRVEYED AND PLATTED AS SHOW DERECN AND SIGNED BY ITS VICE PRESIDENT AND ITS CORPORATE SEAL TO BE AFFIXED HEREON BY {MIIH TFE A(/TROPoTY W ITS BOARID ORC'CTORS THIS DAY OF _ ARE RELATIVE ALL EEAROTO SHOW HLOT DO HEREBY DEETHATE AS FOLLOWS 201 20D' OATS 0 THE NwRIH LINE CF LOT 2 OCEAN APPLE 2. ESTATES, PLAT BOOK 65, PACE HM HAVING A LOTS 1 AND 2 ANY HEREBY PLATTED FpR PRIVATE Rl DDES5 AS ALLOWED CSTERINT TO THE PLANVWO AND ZOHNC REGULATIONS LF BANA IO AMBANO, G A NATIONAL BANKWG ASSOGATION NAME' ATTORNEY STATE OF FLORDA B£ARbVC OF NI89 °OT09 "E NOT /C£: TMS PLAT AS R£CORCED 1N ITT THE CITY OF DELRAY B£ACYL LOT 21S STREACT TO TERMS, PAAL,NNNS AND RESTPoCT/LHVS AS CCNTARED IN CITY C`F DELRAY EEAG> ORDINANCE IJO 04 -93 WITNESS BY: TO GRAPNC FOPM, /S THE CFF /DAL OFACT /ON CF THE SUNYU 0£D LANDS DESCRIBc'D IEREW AND WILL IN NO GRCLMSTANk£S BE SUPPLANTED W ALL GENERAL UTILITY EASEMENTS ARE MACE TO ANY PUBLIC OR PRAT NAME' v� SD£LyT SLRVEYORS CERTIFICATE AUTHORITY BY ANY OTHER ANDRAS OR DOTAL FORM W THE PLAT. THERE MAYBE ADDITIONAL PRIVATE UTILITY. SUCH AS BUT NOT LIMITED TO, STO2N ORAWACE, SANNTARY SEWER. ELECTRIC POWER GAS SERVICE, TELEPHONE gAiPo HSAICNSATH q ND01 REC D ON THE LINES. AND CABLE GSFVHSSL RROVCEO H10W£VER, NO SUES CON3TIx1CTILW WSTALLAFCN MAINTENANCE AND OPERATION OF yy1„En. PANT NAME: TMS 1S TO CERTIFY THAT THE PLAT SHOWN SEARCH 1S A USE AND CORRC'CT REPR£SEMAT /ON OF A Si 11 MAD£ LND£R MY R£SPON6IBL£ LABIT /ON AND IN OLD ­ RECORDS OF PALM BEACH COUNTY, FLORIDA. CABLE TELEVISLH SR AXES SHALL INTERFERE WITH F4,SITY AND TELEPHONE RUYALIC CANE VISION; THAT SAID SARVEY IS ACCURATE TO THE BEST OF MY — Wi£DG£ AND BELEF,, THAT PERMANENT REFERENCE MONCRENTS (P.RM 5). PERMANENT THE CITY OF DELRAY BEACl-I IS HEREBY GRANTED SRVICES OF ELECTRIC, GAS OR CRAFT FACSIY. CONTROL FOWTS(P.CRS)AND MON1MENISHAVEWENPLACE)ASREON2E0 THE RIGHT CF ACCESS FOR EMERGC'NK'Y AND MAINTENANCE PURPOSES. ACKNOWLEDGEMENT' BY LAW AND FuzmER THAT THE SURVEY DATA COnP1E5 WTH ALL REGNREMENTS ALL SEWER MAW EASMk'NE SHOWN HEREON ARE' DEDICATED EXCL(/SIVELY TO THE CITY OF DELRAY —1 FCNR — PURPOSE CF OF C AATER 177. FLORIDA STATUTES AS AMENDED. AND THE MIANNANC'E'S W THE CITY OF DELRAY BEACH TMS 1NSTRLgk T WAS PREPARED STY PALO O. —1,, IN TIE OFFICE W PBNEN. SINTER & OERON 1NO. ACCESS: CERNTRUCTION. MARISCO NCE AND OPERARTY ACTIVITIES L`F SEWER MAWS STATE OF FLORIDA COUNTY W PALM WAGE DATE 955 N.W. UTH AVENUE. SUTE KI, DELRAY ECAC FLORIDA 33445 (561) 2 -4511 THE LANDSCAPE ELEGER EASEMENTS AS SHOW HEREON ARE HEREBY 8£FOR£ ME PERSONALLY APPEARED WHO IF PCXS LL Y KNOWN TO ME CR 'Al FRODlKED PATE D EAGLE PERMANENT REFERENCE MONU1kNTS ARE 910W RESERVED FOR FRANK E M KINN"Y, 11 AND NNLSA MOINNEC TMER SUCC£SSJRS AND ASSGN6 FCR LANDSCAPE AND SUFFER _ AS 10EN TF1CATKW AND WNC EXECUTED THE FC.REG A T 1NSIRHAOIT, SURVEYOR AND MAPPER NO 5]CG AS T' O PYRPOSES AND ARE THE PERPETUAL VARCENANCE OBTDO URN OF SAID FRANC E M,VRODY, 9 AND NNLSA AFRO IEY. TMER AS Of YESSDENT CF BANt Q AMERICA, NA, A NAIICRAL NA_ ASSOGADON AND SEVERALLY ACKNOWLEDGES TO AND CERON SUER & MNURN. INC 955 NW 17TH AVENUE. SPITE K -1 THERE' SHALL DE ND BU40NOS OF ANY KND CF CONSTRUCTION PLACED CW WATER SEWER OR CHOSE CRS AND A39GNS WITHOUT RECGAR.S TO THE CITY OF DELRAY BEACH. SAD LANDSCAPE AND BUFFER EASEMENTS ARE BEFORE' ME THAT HE EXELVTED STRET INSTRIUMENT AS SUCH OFFICER CE SAD CORPORATION AND THAT TIE SEAL AFFIXED TO TIE EXHATC RG DELRAY BEACH, FLORIDA 33445 CEJRIONATE OF AUTHODER TON NO 353 DRAINAGE EASEMENTS ND SUCCTLRES SHALL SE NIA WTMN A HORIZONTAL DISTANCE OF V SlSECT TO TERNS AND COI0 fCNS AS CONTAINED IN CITY OF DELRAY BEACH OLBOHACE NO, 04 -13 1NSR(44ENT H THE CORPORATE SEAL W SAID CORPORATION AND THAT IT WAS AFFIXED TO SAID INSTRUMENT BY DUE AND REGAAR CORPORATE AUTHORITY. AND THAT SAID WSTIT KENT N THE FREE ACT AND DEED OF FEET ROOM ANY EXISTING OR PROVIDED CITY OF DELRAY LEAG1 MAWTARED WATER SEWER WE WE IN WNESS WHEREOF, WE FRANC E. AdcIGW1k Y, by AND N2 SA MdNVNEY DO SAD CORPORATION DRAINAGE FA UPON. COVSTHSHE C OR LANDASHE C LUTE MAWTENAN'C£CR MAINTENANCE HERELWTO SET OUR AND SEALS TMS DAY OF . 2013 WNESS MY HAND AND CFFMIAL SEAL T.WS DAY LF - - - - - -- 2013 REVIEWING SLRVEYORS STATEMENT ACCESS EASEMENTS MUST BE W CONFORMANCE WITH ALL ETDXSO AND ZOO S AND/O E HLI f THE CITY c c WITNESS (AS TO BOTH) BY' MY CCMWtiSSIINI FORMES TMS 1S TO CERTIFY THAT TFE (dID£RSGNED PROFESSINIAL SURVEYOR AND THERE' STALL B£ NIO TREES C 51- 64UB5I ACED ON UCUTY EASEMENTS WICH ARC' PROVD£D FAR P=RINT NAME: FRANK E M NMEY, N NOTAR PLaL C MA F3 ER tNDER CONTRACT WITH THE GTY OF DELRAY BEACH. IS GADA, HAS OCEAN WATER AND SEWER USE OR UPON DRAINAGE EASEMENTS NAME: CULAWSSCN NO_ RENEWED INS PLAT OF APPLE ESTATES PLAT PREE' AS REOLdREO BY CHAPTER TJ],OBI (1), FL000A STATUTES AND THAT IT LANDASOL -C ON ANY OTHER UTSITY EASEMENTS SHALL RE ALLOWED Ol Y AFTER CUVSAX7 OF ALL UTILITY WTNE55 (AS TO BOTH): M;, PRINT NAME ILIA MkJ 1 PART WTH ALL TF REOL4REMENTS CF CS'APT£R 177, PART j FLORIDA STATUTES STAR, —RANDS OCGUPYIAG SAME. CITY APPROVAL: DATE A M ­A-TOW ­S LICENSE NA 5328 STATE OFFLOODA ACKNOWLEDGEMENT' THS PAT OF °OCEAN APPLE ESTATES PLAT IEEE' AS APPROVED ON TMs AWROM & ASSOCIA TES INC DAY OF . AO. 2013, BY THE CITY CH&MSS AN CERTESDA IS OF AUTH/ORIZA SON BLB 33D0 STATE OF H CHEA CODA Y OF PALM ENACH OF THE CITY OF DELRAY BEACH 6c'FC.RE ME RERSONALLY APREVAR FRANK E M,VNNEY. 9 AND NNLSA MNJNIEY ATTEST, _V ARE PERSONALLY KNOWN TO ME OR HAVE PRODUCED — MAYOR CITY ­ EXECUTED RESPC'CTIV£LY AS IDEMIFICA TILHU, AND WNO EXECUTED THE FOREGOWG INSTROWNIT. AND ACINNOWLECGFD BEFORE ME THAT AW ffy VM ACL TM AW LER BY: THEY EXECUTED SAID P5TEDDENT FOR THE PURPOSES FRONTIERS PETER. WITNESS MY HAND AND OFF /GAL SEAL TMS DAY OF CREOTOR CF PLANWNC AND ZONWG TANECTOR W ENV ONMENTAL 200 SERVICES CITY FWAELF MY COAMAS9)N EXPIRES NOTARY PUDIC NAME' CCMM590W NA: NEf, /RS��\1 al I u( I� 1 1 p1 IN TMS 1u6TRIMkNT WAS PRf Alt£D 81 - D -1, ry — LrEmr of oazELV, suTER x I-EN. -- 955 NW. 17TH AVEUI,E. RITE Kl, DELRAY BEACH, 26P10A 33445 (551) 276 -4501 OCEA N A PPL E ES TA TES PL A T THREE BEING A REPLAT OF LOT 2, OCEAN APPLE ESTATES, PLAT BOOK 65, PAGE 100 (P.B.CP.R.) BEING IN SECTION 9, TOWNSHIP 46 SOUTH, RANGE 43 EAST, CITY OF DEL RAY BEACH, PALM BEACH COUNTY, FLORIDA. JANUARY 2013 SHEET I OF 2 LOT 1, LIANCOCK SUROVISION (PLAT —0 75, PACE 175) 6 CRESTWOOD DRIVEnn I In LOT 2 QQ 101. .2s4,EaaCE i A) 111-07 IE aAT e�K s.. PA 83J 34673' Egrv'0 Prz . 12 LA�SCA�-ER EASTJYEM /};2.RCT TO T£T4,1S Tl A MG�GELaAV aTACUj iz uTk1Tr EASEhEM ( AT eta 65, vncE �Ca)� JI ~O �� Po L o T z w Ar<£A = x.ss4 scuA.c£ E££T eLr ro ffTaAac un6 PuasTAM LUG �Lf) W m T 9°AP a 5,=n1 AZ rr — 11] uur s396o9 1.11 — LOT 4, BLOCK E, REV /SED PLAT BLOCK D AND BLOCK E PALM BEACH CHORES ACRES (OCEAN BOULEVARD ESTATES), PLATBOOK 7, PAGE 38 L O T f AREA = 27145 SgIAaE - i i i 796.35' 1-711W LOT 5, BLOCK E, REVISED PLAT OF BLOCK D AND BLOCK E PALM BEACH 514OPES ACRES (OCEAN BOULEVARD ESTATES), PLAT BOOK 7 PAGE 58 O ti c b SCALE, I" = 20' 0' 20' 40' 60' LE- - C—T£ 0,11, A PFM P £F L:l T a£E£F£NT -El STATED'T �e3 1E CPR =PAL1f 6EAG:' —Tr —1 LANE �7 PELIC Li AN LANE SOUTH - Q HAMP TON Li a � BRIDGE- WATERWAY NORTH CONDO °z HAMPTON Q BLVD. INLET g�sN Q COVE CONDO m GEORGE MARINA SOUTH WAYS DELRA Y THE LANDINGS WEDGE- CONDO CRESTWOOD DRIVE WOOD CONDO ° Elf HAMMgJM R0. Q M. S. A. TRACT M. S.A. TRACT > W J HARBOR DRIVE HARBOR DRI m VV 0 oc m w < ° C! 7 Q W Z = U W Q Q LAND DRIVE Q J Li U J � O Q Q BEACH DRIVE O T�U SEA SPRAY AVE. Q Z SANDOWAY LANE -- 610 NORTH OCEAN BLVD. DIGITAL BASE MAP SYSTEM -- MAP REF: S: \Planning & Zoning \DBMS \File— Cab \Z —LM 1001 - 1500 \LM1095_610 North Ocean Blvd—Ocean Apple Estates Plat Three SUBJECT PROPERTY OCEAN APPLE ESTATES PLAT THREE PLANNING AND ZONING ® '�' DEPARTMENT LOCATION MAP APPENDIX A STANDARDS FOR PLAT ACTIONS A. Building design, landscaping, and lighting (glare) shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. Not applicable 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. Not applicable X Meets intent of standard Does not meet intent D. The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood. If it is determined that the widening or modification will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted. Not applicable X Meets intent of standard Does not meet intent E. Development of vacant land which is zoned for residential purposes shall be planned in a manner which is consistent with adjacent development regardless of zoning designations. Not applicable X Meets intent of standard Does not meet intent 1 F. Vacant property shall be developed in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. Not applicable X Meets intent of standard Does not meet intent G. Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in the Housing Element. This shall be accomplished through the implementation of policies under Objective B -2 of the Housing Element. Not applicable Meets intent of standard X Does not meet intent H. The City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Not applicable Meets intent of standard X Does not meet intent I. Development shall not be approved if traffic associated with such development would create a new high accident location, or exacerbate an existing situation causing it to become a high accident location, without such development taking actions to remedy the accident situation. Not applicable Meets intent of standard X Does not meet intent J. Tot lots and recreational areas, serving children from toddler to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. Not applicable X Meets intent of standard Does not meet intent E MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: Douglas E. Smith, Interim City Manager DATE: February 13, 2013 SUBJECT: AGENDA ITEM ILD. - REGULAR COMMISSION MEETING OF FEBRUARY 19, 2013 RESOLUTION NO. 12 -13 /CONTRACT FOR SALE AND PURCHASE/ 703 PLACE CHATEAU ITEM BEFORE COMMISSION Staff requests City Commission approval to sell Neighborhood Stabilization Program property located at 703 Place Chateau, Delray Beach, FL 33445 to Dumy Janvier for the purchase price of One Hundred Twenty -Four Thousand One Hundred -One Dollars and 00 /100 cents ($124.101.00) or appraised value. BACKGROUND The City of Delray Beach has received $1,905,005 under the Neighborhood Stabilization Program (NSP) award through the Florida Department of Community Affairs by the U. S. Department of Housing (HUD) and $400,000 from the Delray Beach Community Redevelopment Agency (CRA) as a result of the Housing and Economic Recovery Act of 2008 (H.R. 3221). The NSP funding is for the purpose of purchasing foreclosed or abandoned homes for rehabilitation, resale, or redevelopment in order to stabilize neighborhoods and stem the decline of home values. NSP funds are to benefit Low, Moderate and Middle Income Households (LMMI). LMMI households are defined as those with incomes less than one - hundred twenty percent (120 %) of Area Median Income (AMI) as determined by HUD. The City of Delray Beach desires to sell the subject property to Dumy Janvier for the purchase price of One Hundred Twenty -Four Thousand One Hundred -One Dollars and 00 /100 cents ($124.101.00) or appraised value : Lot 28, Block 8, Plat NO.1 CHATELAINE, according to the plat thereof, as recorded in Plat Book 29, pages 94 and 95 of the Public Records of Palm Beach County, Florida AND the West one -half (West %) of the following described parcel: A part of Parcel A, as shown on Plat No.l CHATELAINE, according to the plat thereof, as recorded in plat Book 29, at pages 94 and 95 of the Public Records of Palm Beach County, Florida, said part being bounded on the East by the West line of Lot 54, Block 1, of said plat, on the West by the -East line of Lot 28, Block 8, on the North by the Westerly extension of the North line of said Lot 54, Block 1, to the Northeast corner of said Lot 28, Block 8, and on the South by the Westerly extension of the South line of said Lot 54, Block 1, to the Southeast corner of said Lot 28, Block 8, of said Plat of Chatelaine. RECOMMENDATION Staff recommends City Commission approval to sell NSP property located at 703 Place Chateau, Delray Beach, FL 33445 to Dumy Janvier for the purchase price of One Hundred Twenty -Four Thousand One Hundred -One Dollars and 00 /100 cents ($124.101.00) or appraised value. RESOLUTION NO. 12 -13 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO SELL REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE BUYER AND THE CITY OF DELRAY BEACH, FLORIDA. WHEREAS, the City of Delray Beach, Florida, wishes to sell property located at 703 Chateau Place; and WHEREAS, the Buyer hereinafter named desires to buy the property hereinafter described from the City of Delray Beach, Florida; and WHEREAS, it is in the best interest of the City of Delray Beach, Florida, to sell said property to be used for single family homeownership. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Florida, as Seller, hereby agrees to sell to Dumy janvier, as Buyer, for the purchase price of the lesser of One Hundred- Twenty Four Thousand One Hundred Dollars and 00/100 cents ($124,100.00) or appraised value, said property being described as follows: Lot 28, Block 8, Plat NO.1 CHATELAINE, according to the plat thereof, as recorded in Plat Book 29, pages 94 and 95 of the Public Records of Palm Beach County, Florida AND the West one -half (West %) of the following described parcel: A part of Parcel A, as shown on Plat No.1 CHATELAINE, according to the plat thereof, as recorded in plat Book 29, at pages 94 and 95 of the Public Records of Palm Beach County, Florida, said part being bounded on the East by the West line of Lot 54, Block 1, of said plat, on the West by the - East line of Lot 28, Block 8, on the North by the Westerly extension of the North line of said Lot 54, Block 1, to the Northeast corner of said Lot 28, Block 8, and on the South by the Westerly extension of the South line of said Lot 54, Block 1, to the Southeast corner of said Lot 28, Block 8, of said Plat of Chatelaine. Section 2. That the terms and conditions contained in the contract for sale and purchase and addenda thereto between the City of Delray Beach, Florida, and the Buyer as hereinabove named are incorporated herein as Exhibit "A ". PASSED AND ADOPTED in regular session on the day of , 2013. ATTEST: City Clerk MAYOR Exhibit A CONTRACT FOR SALE AND PURCHASE PARTIES: CITY OF DELRAY BEACH, a Florida municipal corporation, ( "Seller "), of 100 N.W. 1st Avenue, Delray Beach, Florida 33444 and Dumy Janvier, ( "Buyer "), of 630 SW 20th Court, Delray Beach, FL 33445, hereby agree that the Seller shall sell and Buyer shall buy the following described Real Property and Personal Property (collectively "Property ") upon the following terms and conditions, which INCLUDE the Standards for Real Estate Transactions ("Standard (s)"), attached hereto and riders and any addenda to this Contract for Sale and Purchase ( "Contract "): DESCRIPTION: (a) Lot 28, Block 8, Plat NO.1 CHATELAINE, according to the plat thereof, as recorded in Plat Book 29, pages 94 and 95 of the Public Records of Palm Beach County, Florida AND the West one -half (West %) of the following described parcel: A part of Parcel A, as shown on Plat No.1 CHATELAINE, according to the plat thereof, as recorded in plat Book 29, at pages 94 and 95 of the Public Records of Palm Beach County, Florida, said part being bounded on the East by the West line of Lot 54, Block 1, of said plat, on the West by the -East line of Lot 28, Block 8, on the North by the Westerly extension of the North line of said Lot 54, Block 1, to the Northeast corner of said Lot 28, Block 8, and on the South by the Westerly extension of the South line of said Lot 54, Block 1, to the Southeast corner of said Lot 28, Block 8, of said Plat of Chatelaine. PCN: 12- 42 -46- 1203- 008 -0280 (b) Address: 703 Place Chateau, Delray Beach, FL 33445 II. PURCHASE PRICE ................. I ........... I US $124,101.00 III. TIME FOR ACCEPTANCE; EFFECTIVE DATE: If this offer is not executed by and delivered to all parties OR FACT OF EXECUTION communicated in writing between the parties on or before March 1, 2013, the deposit(s) will, at Buyer's option, be returned to Buyer and the offer withdrawn. The date of this Contract ( "Effective Date ") will be the date when the last one of the Buyer and the Seller has signed this offer. IV. TITLE EVIDENCE: At least 7 days before closing date, Buyer shall obtain a title insurance commitment. V. CLOSING DATE: This transaction shall be closed and the deed and other closing papers delivered on or before sixty (60) days from the date of the execution of this agreement, unless extended by other provisions of this Contract. VI. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title by Quit Claim Deed subject to: zoning, restrictions, prohibitions and other requirements imposed by governmental authority; restrictions and matters appearing on the plat or otherwise common to the subdivision; public utility easements of record (easements are to be located contiguous to Real Property lines and not more than 10 feet in width as to the rear or front lines and 7 M2 feet in width as to the side lines, unless otherwise specified herein); taxes for year of closing and subsequent years; assumed mortgages and purchase money mortgages, if any; provided, that there exists at closing no violation of the foregoing and none of them prevents the use of Real Property for residential purpose. VII. OCCUPANCY: Seller warrants that there are no parties in occupancy other than Seller, but if Property is intended to be rented or occupied beyond closing, the fact and terms thereof shall be stated herein, and the tenant(s) or occupants disclosed pursuant to Standard D. Seller agrees to deliver occupancy of Property at time of closing unless otherwise stated herein. If occupancy is to be delivered before closing, Buyer assumes all risk of loss to Property from date of occupancy, shall be responsible and liable for maintenance from that date, and shall be deemed to have accepted Property in their existing condition as of time of taking occupancy unless otherwise stated herein or in a separate writing. VIII. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions shall control all printed provisions of Contract in conflict with them. IX. ASSIGNABILITY: Buyer may not assign Contract X. DISCLOSURES: (a) Radon is a naturally occurring radioactive gas that, when accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding Radon or Radon testing may be obtained from your County Public health unit. (b) Buyer may have determined the energy efficiency rating of the residential building, if any is located on the Real Property. XI. SPECIAL CLAUSES; ADDENDA: If additional terms are to be provided, they. will be provided in the attached addenda. If there is an addenda, check here f 2 CITY OF DELRAY BEACH, FLORIDA By: Thomas Carney, Mayor ATTEST: City Clerk Approved as to Form: City Attorney I�YlC =3 3 Dumy Janvier By: a " ;Print Name: ATTEST: Date ADDENDUM TO CONTRACT FOR SALE AND PURCHASE SELLER: CITY OF DELRAY BEACH, FLORIDA BUYER: Dumy Janvier PROPERTY ADDRESS: 703 Place Chateau, Delray Beach, FL 33445 XI. SPECIAL CLAUSES; ADDENDA (Continued): A. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT ( "FIRPTA "): The parties shall comply with the provisions of Internal Revenue Code Section 1445 and applicable Treasury Regulations issued thereunder. If the Seller is a U.S. person for Internal Revenue Code Section 1445 purposes, then on demand of the Buyer and prior to closing the Seller shall provide the Buyer with a certificate of non- foreign status in the manner provided in Treasury Regulations Section 1.1445 -2. If the Seller provides the Buyer with such certificate, and if the Buyer is otherwise permitted to rely on such certificate under those Regulations, the Buyer shall not withhold under Internal Revenue Code Section 1445. If the Seller is a 'foreign person' as defined by the Internal Revenue Code, the Buyer generally is required to withhold 10% of the gross sales price from the Seller at closing and to pay the withheld amount over to the Internal Revenue Service (IRS) unless an applicable exemption from withholding or a limitation on the amount to be withheld is available. To the extent that the cash to be paid over to the Seller at closing is insufficient to cover the Buyer's withholding obligation, the Seller shall provide to the Buyer at closing cash equal to such excess for purposes of making such withholding payment. If the Seller's federal income tax on the gain is less than the applicable withholding amount, the Seller may make advance application to the IRS for reduced withholding and, if granted, the Buyer shall withhold only the authorized reduced amount. If such ruling has not been received by closing, the parties at closing shall enter into an escrow agreement reasonably, satisfactory to the Buyer and Seller pending receipt of the ruling, provided that at closing the Seller shall have the obligation to provide to the escrow agent from the closing proceeds (or `from the Seller's other resources if necessary) cash equal to the maximum required withholding, with any excess withholding being refundable to the Seller upon receipt of a favorable ruling from the IRS. Buyer and Seller understand that the IRS requires the Buyer and the Seller to have a U.S. federal taxpayer identification number and to supply that number on the foregoing forms. A foreign individual may acquire an International Taxpayer Identification Number for this purpose. Since it may take several weeks to receive the 0 number after application and the IRS will not process these forms without the actual number, a party lacking a TIN is advised to apply immediately. B. The Buyer shall have thirty (30) calendar days within which to conduct any and all feasibility studies and determinations relative to the suitability for the acquisition of the subject property by the Buyer and the' Buyer reserves the express right to terminate this Contract at any time during said period for any reason or no reason, in Buyer's sole discretion, whereupon Buyer shall receive a full refund of all deposit monies paid hereunder. Buyer shall be granted reasonable access to the premises to conduct such feasibility studies and determinations, including environmental assays, core drilling, surveys, soil sampling and other such testing. C. This Contract is expressly contingent and conditioned upon the approval of the same by the City Commission of the City of Delray Beach. SELLERS' INITIALS: BUYER'S INITIALS: 5 STANDARDS FOR REAL ESTATE TRANSACTIONS A. Evidence of Title: A title insurance commitment issued by a Florida licensed title insurer agreeing to issue to Buyer, upon recording of the deed to Buyer, an owner's policy of title insurance in the amount of the purchase price, insuring Buyer's title to real property, subject only to liens, encumbrances, exceptions or qualification set forth in this agreement and those which shall be discharged by Seller at or before closing. Seller shall convey a marketable title subject only to liens, encumbrances, exceptions or qualifications set forth in this agreement and those which shall be discharged by Seller at or before closing. Marketable title shall be determined according to applicable title standards adopted by authority of The Florida Bar and in accordance with law. If title is found defective, Buyer shall notify Seller in writing specifying defect(s). If the defect(s) render title unmarket- able, Seller will have one hundred twenty (120) days from receipt of notice within which to remove the defect(s), failing which Buyer shall have the option of either accepting the title as it then is or demanding a refund of deposit(s) paid which shall immediately be returned to Buyer; thereupon Buyer and Seller shall release one another of all further obligations under the agreement. Seller will, if title is found unmarket- able, use diligent effort to correct defect(s) in title within the time provided therefor, including the bringing of necessary suits. B. Survey: Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine same, may have real property surveyed and certified by a registered Florida surveyor. If survey shows encroachment on real property or that improvements located on real property encroach on setback lines, easements, lands of others, or violate any restrictions, agreement covenants or applicable governmental regulation, the same shall constitute a title defect. C. Ingress and Egress: Seller warrants and represents that there is ingress and egress to the real property sufficient for the intended use as described herein, title to which is in accordance with Standard A. D. Leases: If applicable, Seller shall, not less than fifteen (15) days before closing, furnish to Buyer copies of all written leases and estoppel letters from each tenant specifying the nature and duration of the tenant's occupancy, rental rates, advanced rent and security deposits paid by tenant. If Seller is unable to obtain such letter from each tenant, the same information shall be furnished by Seller to Buyer within that time period in the form of a Seller's affidavit, and Buyer may thereafter contact tenants to confirm such information. Seller shall, at closing, deliver and assign all original leases to Buyer. E. Liens: Seller shall furnish to Buyer at time of closing an affidavit attesting to the absence, unless otherwise provided for herein, of any financing statements, claims of lien or potential lienors known to Seller and further attesting that there have been no improvements or repairs to property for ninety (90) days immediately preceding date of closing., If property has been improved, or repaired within that time, Seller shall deliver releases or waivers' of mechanics' liens executed by all general contractors, subcontractors, suppliers, and materialmen in addition to Seller's lien affidavit setting forth the names of all such general contractors, subcontractors, suppliers and materialmen and further affirming that all charges for improvements or repairs which could serve as a basis for a mechanic's line or a claim for damages have been paid or will be paid at closing. F. Place of Closing: Closing shall be held in the county where real property is located, at the office of the attorney or other closing agent designated by Buyer. G. Time: Time is of the essence of this agreement. Time periods herein of less than six (6) days shall in the computation exclude Saturdays, Sundays and state or national legal holidays, and any time period provided for herein which shall end on Saturday, Sunday or legal holiday shall extend to 5:00 p.m. of the next business day. H. Documents for Closing: Seller shall furnish deed, bill of sale, mechanic's lien affidavit, assignments of leases, tenant and. mortgagee. estoppel letters, and corrective instruments. Buyer shall furnish closing statement, mortgage; mortgage note, security agreement, and financial statements. I, Expenses: Documentary stamps on the warranty deed and recording corrective instruments and the warranty deed shall be paid by Buyer. J. Prorations• credits: Taxes, assessments, rent, interest, insurance and other expenses and revenue of property shall be prorated through day before closing. Buyer shall have the option to taking over any existing policies of insurance, if assumable, in which event premiums shall be prorated. Cash at closing shall be increased or decreased as may be required by prorations. Prorations will be made through day prior to occupancy if occupancy occurs before closing. Advance rent and security deposits will be credited to Buyer and escrow deposits held by mortgagee will be credited to Seller. Taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and other exemptions. If closing occurs at a date when the current year's millage is not fixed, and current year's assessments is available, taxes will be prorated based upon such assessment and the prior year's millage. If current year's assessment is not available, then taxes will be prorated on the prior year's tax. If there are completed improvements on real property by January 1st of year of closing which improvements were not in existence on January 1st of the prior year then taxes shall be prorated based upon the prior year's millage and at an equitable assessment to be agreed upon between the parties, failing which, request will be made to the County Property Appraiser for an informal assessment taking into consideration available exemptions. Any tax proration based on an estimate may, at request of either Buyer or Seller, be subsequently readjusted upon receipt of tax bill on condition that a statement to that effect is in the closing statement. i K. Special Assessment Liens:. Certified, confirmed and ratified special assessment liens as of date of closing (and not as of Effective Date) are to be paid by Seller. Pending liens as of date of closing shall be assumed by Buyer. If the improvement has been substantially completed as of Effective Date, such pending lien shall be considered as certified, confirmed or ratified and Seller shall, at closing, be charged an amount equal to the last estimate of assessment for the improvement by the public body. L. Risk of Loss: If the property is damaged by fire or other casualty before closing and cost of restoration does not exceed the purchase price of the property so damaged, cost of restoration shall be an obligation of the Seller and closing shall proceed pursuant to the term so the agreement with restoration costs escrowed at closing. If the cost of the restoration exceeds three percent (3 %) of the assessed valuation of the improvements so damaged, Buyer shall have the option of either taking property as is, together with either the three percent (3 %) or any insurance proceeds payable by virtue of such loss or damage, or of canceling the agreement and receiving return of deposit(s). M. Escrow: Any escrow agent ( "Agent ") receiving funds or equivalent is authorized and agrees by acceptance of them to deposit them promptly, hold same in escrow and, subject to clearance, disburse them in accordance with terms and conditions of agreement. Failure of clearance of funds shall not excuse Buyer's performance. If in doubt as to Agent's duties or liabilities under the provisions of agreement, Agent may, at Agent's option, continue to hold the subject matter of the escrow until the parties mutually agree to its disbursement, or until a judgment of a court of competent jurisdiction shall determine the rights of the parties or Agent may deposit with the clerk of the circuit court having jurisdiction of the dispute. Upon notifying all parties concerned of such action, all liability on the part of Agent shall fully terminate, except to the extent ofF accounting for any items, previously delivered out of escrow. If a licensed real estate broker, Agent will comply with provisions of Chapter 475, F.S. (1987), as amended. Any suit between Buyer and Seller where Agent is made a party because of acting as Agent hereunder, or in any suit wherein Agent interpleads the subject matter of the escrow, Agent shall recover reasonable attorney's fees and costs incurred with the fees and costs to be charged and assessed as 7 court costs in favor of the prevailing party. Parties agree that Agent shall not be liable to any party or person for misdelivery to Buyer or Seller of items subject to this escrow, unless such misdelivery is due to willful breach of contract or gross negligence of Agent. N. Failure of Performance: If Buyer fails to perform this Contract within the time specified Seller shall be relieved of all obligations under Contract. If, for any reason other than failure of Seller to make Seller's title marketable after diligent effort, Seller fails, neglects or refuses to perform this Contract, the Buyer may seek specific performance or elect to receive the return of Buyer's deposit(s) without thereby waiving any action for damages resulting from Seller's breach. O. Agreement Not Recordable; Persons Bound; Notice: Neither this agreement nor any notice of it shall be recorded in any public records. This agreement shall bind and inure to the benefit of the parties and their successors in interest.. Whenever the context permits, singular shall include plural and one gender shall include all. Notice'giveh'by or to the attorney for any party shall be as effective as if given by or to that party. P. Conveyance: Seller shall convey the property by way of Quit Claim Deed subject to an easement for any utilities that may exist and lie on the property. Q. Other Agreements: No prior or present agreements or representations shall be binding upon Buyer or Seller unless included in this Contract. No modification or change in this Contract shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. R. Warranties: Seller warrants that there are no facts known to Seller materially affecting the value of the real property which are not readily observable by Buyer or which have not been disclosed to Buyer. SECOND ADDENDUM TO CONTRACT FOR SALE AND PURCHASE Buyer: Dumy Janvier Seller: The City of Delray Beach Property: Lot 28, Block 8, Plat NO.1 CHATELAINE, according to the plat thereof, as recorded in Plat Book 29, pages 94 and 95 of the Public Records of Palm Beach County, Florida AND the West one -half (West %) of the following described parcel: A part of Parcel A, as shown on Plat No.1 CHATELAINE, according to the plat thereof, as recorded in plat Book 29, at pages 94 and 95 of the Public Records of Palm Beach County, Florida, said part being bounded on the East by the West line of Lot 54, Block 1, of said plat, on the West by the -East line of Lot 28, Block 8, on the North by the Westerly extension of the North line of said Lot 54, Block 1, to the Northeast corner of said Lot 28, Block 8, and on the South by the Westerly extension of the South line of said Lot 54, Block 1, to the Southeast corner of said Lot 28, Block 8, of said Plat of Chatelaine. The Parties further agree as follows: 1. Disclosures: A. Mold: Mold is naturally occurring and may „cause health risks or damage to Property. If Buyer us concerned or desires additional. information regarding mold, Buyer should contact an appropriate professional. B. Lead Warning Statement: Every purchaser of any interest in residential real property on which a residential dwelling was built prior to 1978 is notified that such property may present exposure to lead from lead -based paint that may place young children at risk of developing lead poisoning. Lead poisoning in young children may produce permanent neurological damage, including learning disabilities, reduced intelligence quotient, behavioral problems, and impaired memory. Lead poisoning also poses a particular risk to pregnant women. The Seller of any interest in residential real property is required to provide the Buyer with any information on lead -based paint hazards from risk assessments or inspections in the Seller's possession and notify the Buyer of any known lead -based paint hazards. A risk assessment or inspection f or possible lead based hazards is recommended prior to purchase. Seller's Disclosure (Initial) (a) Presence of lead -based paint and/or lead -based paint hazards (check one below): Known lead - based paint, and /or lead - based paint hazards are present in the housing unit.(explain) X Seller has no knowledge of lead -based paint and /or lead -based paint hazards in the housing unit. Page 1 of 3 (b) Records and reports available to the Seller (check below): Seller has provided the purchaser with all available records and reports pertaining to lead -based paint and/or lead -based paint hazards in the housing unit (list documents) X Seller has no reports or records pertaining to lead -based paint and /or lead -based paint hazards in the housing unit. Purchaser's Acknowledgment (Initial) (c) Purchaser has received (''copies of all information above. X (d) Purchaser has received the "pamphlet Protect Your Family from Lead in your Nome (e) Purchaser has (check one below): Received a 10 -day opportunity (or mutually agreed upon period) to conduct a risk assessment or inspection for the presence of lead -based paint and /or lead -based paint hazards; or Waived the opportunity to conduct risk assessment or inspection for the presence of lead -based paint hazards. Agent's Acknowledgment (Initial) (f) Agent has informed Seller of the Seller's obligations under 42 U.S.C.4852 (d) and is unaware of his /her responsibility to ensure compliance. Certification of Accuracy The following parties have reviewed the information above and certify, to the best of their knowledge, that the information they have provided is true and correct. PROPERTY TAX DISCLOSURE SUMMARY: BUYER SHOULD NOT RELY ON THE SELLER'S CURRENT PROPERTY TAXES S„ THE AMOUNT OF PROPERTY TAXES THAT THE BUYER MAY BE .OBLIGATED`TO PAY IN THE YEAR SUBSEQUENT TO PURCHASE. A CHANGE OF OWNERSHIP OR PROPERTY IMPROVEMENTS TRIGGERS THE ASSESSMENT OF THE PROPERTY THAT COULD RESULT IN HIGHER PROPERTY TAXES. IF YOU HAVE NAY QUESTIONS CONCERNING VALUATION, CONTACT THE COUNTY PROPERTY APPRAISER'S OFFICE FOR INFORMATION. 2. With respect to Standard (A), if title is found defective, Seller may, but shall have no obligation, to render title marketable. In the event Seller does not render title marketable within thirty (30) days after the date of Buyer's notice to Seller advising the Seller of the defects in title, Buyer shall have the option of either cancelling this Contract and receiving a refund of the deposits paid, or to accept title as is and close. 3. Seller has agreed to convey the Property to Buyer under the assumption that there are no liens, encumbrances, mortgages, assessments or other evidences of debt (hereinafter collectively referred to as "liens and encumbrances ") which must be paid by Seller at closing. In the event Buyer determines that there are liens and encumbrances, Seller shall have the option of paying off the liens and encumbrances at closing, failing Page 2 of 3 which, Buyer may pay the liens or encumbrances, Buyer may cancel this Contract and receive a refund of its deposit, or Buyer may accept title as is subject to the liens and encumbrances and close. 4. With respect to Standard (L), if the Property is damaged by fire or other casualty before closing, Seller may elect to restore the Property, failing which, Buyer shall accept the physical condition of the Property as is or Buyer may cancel this Contract and receive a refund of its deposit. 5. Standard (N) is hereby deleted and the following is stated in its place: "If Buyer fails to perform the Contract within the time specified, Seller may cancel this Contract and be relieved of all obligations under the Contract or Seller may seek specific performance. If Seller fails to perform this Contract within the time specified, Buyer may elect to cancel this Contract and receive a return of Buyer's deposit, or Buyer may seek specific performance ". S. With- respect to Paragraph (V) of the Contract, the transaction shall be closed and the deed and other closing documents delivered on or before thirty (30) days after Buyer has determined the Property condition is satisfactory to Buyer pursuant to Paragraph (XI) (B) of the Contract. 7. Buyer accepts Property AS IS in its prese,ni physical condition, .subject to any violations of governmental, building, environmental and. safety codes, restrictions or requirements and shall be responsible for any and all repairs and improvements required. Seller makes no representation or warranty relating to the physical condition of or title to the Property. 8. Standard (R) of the Contract is hereby deleted. 9. The terms and conditions of this Second Addendum control over any conflicting terms and conditions contained in the Contract or any the other Addendum to the Contract. Name of Purchaser !�) Is VA ev)o u Ec Date: City of Delray Beach, Seller BY:< Date: Page 3 of 3 This instrument prepared by and return to: City of Delray Beach Neighborhood Services Division 100 NW 15' Avenue Delray Beach, Florida 33444 LAND USE RESTRICTION AGREEMENT AND DEED RESTRICTIONS FOR: CITY OF DELRAY BEACH NEIGHBORHOOD STABILIZATION PROGRAM THIS LAND USE RESTRICTION AGREEMENT AND DEED RESTRICTIONS (hereinafter Agreement) is made and entered into by and between the City of Delray Beach, a City existing by and under the laws of the State of Florida (hereinafter referred to as the "City ") and Dumy Janvier. (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 703 Place Chateau, Delray Beach, Florida 33445. NOW, THEREFORE, in consideration of the above premises and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Owner agrees to sell the Property as a primary residence to an eligible buyer which shall remain as an owner- occupied residential unit by the Buyer for a minimum of 15 years from the date of purchase. 2. Owner covenants and agrees that Owner will not lease, convey or encumber the Property without the consent of the City while the restrictions provided herein remain in effect. 3. If Owner defaults in the performance of any obligation under the Mortgage and Note dated or restrictions set forth herein and if such default remains uncured for a period of one hundred twenty (120) days after written notice thereof has been given by City, City shall be entitled to apply to any court having jurisdiction of the subject matter for specific performance of this Agreement, for the appointment of a receiver or successor to take over and operate the Property in accordance with the terms of this Agreement, or for such other relief, including monetary, as may be appropriate and as such court deems just, equitable, and 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. 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,; t6l Owner's best knowledge, threatened against Owner any case or `proceeding or other action in bankruptcy, whether voluntary or otherwise, any assignment for the benefit of creditors, or any petition seeking reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief for Owner under any present or future federal, state, or other statute, law, or regulation relating to bankruptcy, insolvency, or relief from debtors. 5. Notices required to be given by this Agreement shall be in writing, by certified mail through the United States Postmaster, with copies to be mailed as set forth below. Required certified mail shall also have return receipt requested, addressed to the persons and places specified for giving notice below. Revisions to the names or addresses of those parties to receive notice may be made by either party by providing notice to the other party as provided herein. This in no way impacts the requirement to provide notice to the City of Delray Beach City Commission and to the City Attorney in the manner outlined above. Notice shall be forwarded to the following: For the City: Mayor. . City of "Delray Beach 100 NW 1St Avenue Delray Beach, Florida 33444 With copies by U.S. mail to: City of Delray Beach Neighborhood Service Administrator Neighborhood Services Division 100 NW 1St Avenue Delray Beach, Florida 33444 Director Community Improvement Department 100 NW 18t Avenue Delray Beach, Florida 33444 For the Owner: Dumy Janvier 703 Place Chateau Delray; Beach, Florida 33445 6, The Owner and City agree that both parties have played an equal and reciprocal part in the drafting of this Agreement and, therefore, no provisions of this Agreement shall be construed by any court or other judicial authority against any party hereto because such party is deemed to have drafted or structured such provisions. 7. This Agreement shall be construed, and the rights and obligations of the City and Owner hereunder shall be determined, in accordance with the laws of the State of Florida. Venue for any litigation pertaining to the subject matter hereof shall be exclusive in Palm Beach County, Florida, unless prohibited by law. 8. In any litigation between the parties hereto arising out of this Agreement, the prevailing party shall be entitled to recover all fees and costs incurred in such litigation, including reasonable attorneys' fees, through appeal if necessary. 9. This Agreement shall be recorded in the Public Records of Palm Beach County, Florida, by the City at the expense of the City subsequent to the closing of the sale to the Owner from the Developer. This Agreement shall run with the land and shall be binding on both parties, their heirs, successors, and assigns upon recording. Certified copies of the recorded documents shall be provided to the Owner within ten (10) days of receipt of the recorded Agreement. IN WITNESS WHEREOF, the Owner has read and understands the terms set forth and agrees to meet the obligations contained herein by execution of. this agreement, in duplicate, this. WITNESSES OWNER By:.rt Print Name: Title: 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: Q Attachment A Lot 28, Block 8, Plat NO.1 CHATELAINE, according to the plat thereof, as recorded in Plat Book 29, pages 94 and 95 of the Public Records of Palm Beach County, Florida AND the West one -half (West %) of the following described parcel: A part of Parcel A, as shown on Plat No.1 CHATELAINE, according to the plat thereof, as recorded in plat Book 29, at pages 94 and 95 of the Public Records of Palm Beach County, Florida, said part being bounded on the East by the West line of Lot 54, Block 1, of said plat, on the West by the -East line of Lot 28, Block 8, on the North by the Westerly extension of the North line of said Lot 54, Block 1, to the Northeast corner of said Lot 28, Block 8, and on the South by the Westerly extension of the South line of said Lot 54, Block 1, to the Southeast corner of said Lot 28, Block 8, of said Plat of Chatelaine. 4 MEMORANDUM TO: Mayor and City Commissioners FROM: Amy E. Alvarez, Historic Preservation Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: Douglas E. Smith, Interim City Manager DATE: February 13, 2013 SUBJECT: AGENDA ITEM 12.A. - REGULAR COMMISSION MEETING OF FEBRUARY 19, 2013 ORDINANCE NO. 03-13 ITEM BEFORE COMMISSION The item before the City Commission is that of approval to individually designate the property located at 170 Marine Way, as "The Marina House ", for listing on the Local Register of Historic Places. BACKGROUND The subject property is located at 170 Marine Way within the Marina Historic District on the northwest corner of Marine Way and SE 2nd Street. The property contains a circa 1939 two- story, A -frame, vernacular style structure that was relocated to the subject property from 806 NE 2nd Street. The building was not altered since its original construction until it was relocated in 2012, at which time the original front porch had to be removed. The designation report is attached. To qualify as a historic site, the property must fulfill one or more of the criteria set forth in the Land Development Regulations Section 4.5.1(B). The site is being considered for listing on the Local Register of Historic Places as it fulfills the criteria of (13)(3) due to its architectural or aesthetic significance exemplified by the vernacular style. The subject architectural vernacular indicates residential building trends at that time, such as its overall design, character and materials used, in addition to the details which display a type of craftsmanship rarely seen or appropriately replicated in new construction today. REVIEW BY OTHERS The Historic Preservation Board (HPB)reviewed the designation at its meeting of February 6, 2013, where a recommendation to approve was made to the City Commission. RECOMMENDATION Move approval on first reading of Ordinance No. 03 -13 to place the property located at 170 Marine Way on the Local Register of Historic Places as "The Marina House ", 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 Section 4.5.1(B) of the Land Development Regulations. ORDINANCE NO 03 -13 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, DESIGNATING THE MARINA HOUSE, LOCATED AT 170 MARINE WAY, AS MORE PARTICULARLY DESCRIBED HEREIN, AS A LOCAL HISTORIC SITE; PROVIDING FOR THE AMENDMENT OF THE "ZONING MAP OF DELRAY BEACH, FLORIDA, JANUARY 2012" PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, Section 4.5.1 of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach provides for the designation and protection of historic sites; and, WHEREAS, Mark and Lou Gambill, as property owners, have nominated the property described herein to be designated as a local historic structure; and, WHEREAS, the Historic Preservation Board of the City of Delray Beach held a duly noted Public Hearing in regard to the designation of the property as a local historic structure; and, WHEREAS, on February 6, 2013, the Historic Preservation Board of the City of Delray Beach recommended 4 to 1 that the property described herein be designated a local historic structure; and, WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Historic Preservation Board Memorandum Staff Report; and, WHEREAS, the City Commission of the City of Delray Beach finds the Ordinance is consistent with the Comprehensive Plan; and, WHEREAS, the City Commission of the City of Delray Beach has conducted a duly noticed Public Hearing in regard to the designation of the property structure located on the property described herein as a local historic structure. NOW THEREFORE BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH FLORIDA AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2 That the structure on the described property is hereby designated as a local historic structure in accordance with and under the provisions of Section 4.5.1 of the Land Development Regulation of the City of Delray Beach, Florida, to -wit: Lot 15, A Subdivision of Block 126, Delray, Florida, according to the Plat thereof, recorded in Plat Book 11, Page 4, of the Public Records of Palm Beach County, Florida. Section 3 That the Planning and Zoning Director of said City shall, upon the effective date of this Ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to show the historic designation, in an overlay manner. Section 4 That all Ordinances or parts of Ordinances in conflict herewith be, and the same are hereby repealed. Section 5 That should any section or provision of this ordinance or any portion thereof any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 8 That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 201_ ATTEST: City Clerk First Reading Second Reading MAYOR HISTORIC PRESERVATION BOARD MEMORANDUM STAFF REPORT Designation Request: "The Marina House" Property Address: 170 Marine Way, Marina Historic District HPB Meeting Date: February 6, 2013 File No: 2013 -044 ITEM BEFORE THE BOARD The action requested of the Board is that of making a recommendation to the City Commission on a request for individual designation of "The Marina House" located at 170 Marine Way, Marina Historic District, pursuant to Land Development Regulations (LDR) Section 4.5.1(C), Designation Procedures. BACKGROUND The subject property is located at 170 Marine Way within the Marina Historic District on the northwest corner of Marine Way and SE 2nd Street. The property contains a circa 1939 two -story, A- frame, vernacular style structure and was relocated to the subject property from 806 NE 2nd Street. The building was not altered since its original construction until it was relocated in 2012, as the original front porch had to be removed. The designation report is attached. Subsequent to this Public Hearing before the HPB, the designation will move forward for review by the City Commission where Public Hearings will be held on both February 19 and March 5, 2013. The designation of "The Marina House" is now before the Board for consideration. ANALYSIS LDR Section 4.5.1(8), Criteria for Designation of Historic Sites or Districts: Pursuant to Section 4.5.1(13)(1), to qualify as a historic structure, individual properties, structures, sites, or buildings, must have significant character, interest, or value as part of the historical, cultural, aesthetic, and architectural heritage of the city, state, or nation. To qualify as a historic site, historic district, or historic structure, the property or properties must fulfill one or more of the criteria set forth in division (3) below;. (13)(3) Architectural or aesthetic significance: (a) Portrays the environment in an era of history characterized by one or more distinctive architectural styles; (b) Embodies those distinguishing characteristics of an architectural style, period, or method of construction; (d) Contains elements of design, detail, material, or craftsmanship of outstanding quality or which represented, in its time, a significant innovation or adaptation to the South Florida environment. STAFF COMMENT: The architectural significance is exemplified by the vernacular style which indicated residential building trends at that time, such as its overall design, character and materials used, in addition to the details which display a type of craftsmanship rarely seen or appropriately replicated in new construction today. "The Marina House" Designation; 2013 -044 HPB Meeting February 6, 2013; Page 2 of 3 Comprehensive Plan Future Land Use Objective A -4 The redevelopment of land and buildings shall provide for the preservation of historic resources. The objective shall be met through continued adherence to the City's Historic Preservation Ordinance and, where applicable, to architectural design guidelines through the following policies: Policy A -4.1 Prior to approval or recommending approval of any land use or development application for property located within a historic district or designated as a historic site, the Historic Preservation Board must make a finding that the requested action is consistent with the provisions of Section 4.5.1 of the Land Development Regulations relating to historic sites and districts and the "Delray Beach Design Guidelines" Policy A -4.2 In order to protect the City's historic resources, the Land Development Regulations shall include provisions for designation of historically significant buildings, structures, archaeological sites, or districts. The City shall conduct periodic neighborhood surveys to identify and evaluate potential historic resources at least once every five years. STAFF COMMENT: The proposed designation meets the intent of the applicable Objective and Policies noted above, as it will provide for the preservation of the subject structure, thereby ensuring the protection of an example of this type of style and building. Further, the comments above illustrate that the request meets the criteria set forth in LDR Section 4.5.1 which provides for the designation of "historically significant buildings." Therefore, the proposed designation is appropriate and a recommendation of approval should be forwarded to the City Commission. The Public Hearing dates for review of the subject designation by the City Commission have been tentatively scheduled for February 19 and March 5, 2013. COURTESY I PUBLIC NOTICES Public Notice letters were mailed to the property owners within a 500' radius of 170 Marine Way. Letters of support or objection, if any, will be presented at the HPB meeting. ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission that "The Marina House" be listed in the Local Register of Historic Places at 170 Marine Way, Marina Historic District, 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 Sections 4.5.1(B) and 4.5.1(C) of the Land Development Regulations. C. Move a recommendation of denial to the City Commission that "The Marina House" not be listed in the Local Register of Historic Places at 170 Marine Way, Marina Historic District, by finding that the request is inconsistent with the Comprehensive Plan, and Sections 4.5.1(B) and 4.5.1(C) of the Land Development Regulations. "The Marina House" Designation; 2013 -044 HPB Meeting February 6, 2013; Page 3 of 3 RECOMMENDATION Move a recommendation of approval to the City Commission that "The Marina House" be listed in the Local Register of Historic Places at 170 Marine Way, Marina Historic District, 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 Sections 4.5.1(B) and 4.5.1(C) of the Land Development Regulations. Attachments: "The Marina House" Designation Report, Location Maps Staff Report Prepared by: Amy Alvarez, Historic Preservation Planner it r Y� d t� ► : ' 1� ,, I x Al i 4 .. N` _ a A. 11► w I� • � 1�� � � MEMORANDUM TO: Mayor and City Commissioners FROM: Janice Rustin, Assistant City Attorney THROUGH: R. Brian Shutt, City Attorney DATE: February 14, 2013 SUBJECT: AGENDA ITEM 12.B. - REGULAR COMMISSION MEETING OF FEBRUARY 19, 2013 ORDINANCE NO. 06-13 ITEM BEFORE COMMISSION The attached Ordinance 06 -13 is amending Section 99.02, "Definitions ", amending Section 99.03, "Loud and Unnecessary Noises Prohibited ", amending Section 99.04, "Exemptions ", amending Section 99.05, "Temporary Permits ", repealing Section 99.06, "Notice of Violation ", repealing Section 99.07, "Abatement Orders ", and amending Section 99.08, "Penalty ". BACKGROUND This ordinance is before the Commission for discussion of proposed revisions to the following sections of Chapter 99 "Noise Control ": 1. Section 99.02 "Definitions" This section has been updated to remove the definitions "Commercial area" and "Industrial area" because the chapter does not contain any express regulations governing these areas. Secondly, the definition of "offense" has been moved to Section 99.08 "Penalty" (see below). Finally, the definition for "Violator" has been revised to add "law enforcement officer" as person who has the authority to cite a violator of Chapter 99 "Noise Control ". 2. Section 99.03 "Loud and Unnecessary Noises Prohibited" o Subsection(A)M: "Radios, televisions, musical instruments, loudspeakers, etc" This section has been updated to reflect feedback from stakeholders. On December 17, 2012, representatives from the City attended a meeting with representatives from the DDA, the Chamber of Commerce, city merchants, restaurant owners, and the public. At this meeting, these stakeholders suggested changes to this section to allow for a uniform approach to distance requirements and to allow for time limits. Under the proposed revision, noise from radios, televisions, musical instruments, stereos and other devices that is plainly audible at 100 feet from the property line between the hours of 11:00p.m. and 7:00 a.m. shall be prima facie evidence of a violation. For commercial businesses in the 3 CBD and CBD -RC (see attached Map of CBD Zones), noise from radios, televisions, musical instruments, stereos and other devices that is plainly audible at 100 feet from the property line between the hours of 11:00 p.m. and 7:00 a.m. Sunday through Thursday and between 1:00 a.m. and 7:00 a.m. Friday and Saturday shall be prima facie evidence of a violation. A diagram displaying how the distance is measured has been added for additional clarification. It should be noted that the proposed revision of 99.03(A)(1)(a) now exactly tracks the language of the Miami Beach noise ordinance, which has been upheld as constitutional by the Eleventh Circuit Court of Appeals (see DA Mortgage Inc. v. City of Miami Beach, 486 F.3d 1254, 1 lth Cir. (2007)). Police officer training regarding the meaning of "unreasonable" is a critical component to the success of the ordinance. Section 99.03(A)(1) gives some direction: Noise from devices is unreasonable if it is plainly audible at 100 feet from the property line at certain times of the night. During hearings for violations, officers will be asked to testify as to the song that was being played, the words, the artist, or any other detail of the sound to prove that it was plainly audible. For noise from devices that occurs outside the time limits described in this section or for noise from other sources, officers will be trained to consider the following factors to determine whether the noise is unreasonably loud, excessive or necessary: (1) The volume of the sound. (2) The intensity of the sound. (3) Whether the nature of the sound is usual or unusual. (4) The volume and intensity of the background sound, if any. (5) The proximity of the sound to residential sleeping facilities. (6) The nature and zoning of the area within which the sound emanates. (7) The time of the day or night the sound occurs. (8) The duration of the sound. (9) Whether the sound is produced by a commercial or noncommercial activity. o Subsection ON) "Construction" This section has been revised so as to prohibit unreasonable or excessive vibration caused by commercial construction activities. o Subsection 0)(8) "Vibration" This section has been revised to indicate that vibration that is "unreasonable" will be a violation. This change was made to make the standard for vibration consistent with the standard for noise. Section 99.04 "Exemptions ", Subsection (C) This section has been revised to remove the option to obtain a temporary emergency exception. This change is intended to streamline the temporary permit procedures available to the City Manager. 4. Section 99.05 "Temporary permits ", Subsection (A) "Requirements and Procedures" This section has been revised to expressly provide for special events that take place on public property and for temporary events that take place on private property. Under the present Noise ordinance, the City Manager has the authority to issue permits for these kinds of events. Under the proposed revision, the availability of permits for these events is expressly stated. 5. Section 99.06 "Notice of Violation" This section has been deleted in its entirety. The process to address violations of the Noise ordinance is now fully described in Section 99.08 "Penalty ". 6. Section 99.07 "Abatement Orders" This section has been deleted in its entirety. Section 99.08 "Penalty" now directs readers to Chapter 37, which describes abatement procedures in detail. 7. Section 99.08 "Penalty" This section has been revised to indicate that there are two procedures available to enforce the Noise ordinance. Subsection (A) describes the process for a civil citation. Subsection (B) describes the process for a notice of violation. The maximum fine allowed for a repeat violation under a civil citation is $500. In contrast, the maximum fine allowed for a repeat violation under a notice of violation is $5000 upon a finding of guilt by the code enforcement board. The procedure described in Subsection (B) is available to address violators who have had excessive repeat violations within a calendar year. Under Subsection (B), the maximum fine for a second violation under a notice of violation has been changed to $500 to be consistent with the maximum fine allowed for a second violation under a civil citation. RECOMMENDATION The City Attorney's office recommends City Commission approval. ORDINANCE NO. 06 -13 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 99 "NOISE CONTROL" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 99.02, "DEFINITIONS" TO REMOVE DEFINITIONS "COMMERCIAL ", "INDUSTRIAL" AND "OFFENSE "; AMENDING SECTION 99.03, "LOUD AND UNNECESSARY NOISES PROHIBITED" TO CLARIFY SAME AND TO AMEND DISTANCE AND TIME REQUIREMENTS; AMENDING SECTION 99.04 "EXEMPTIONS" TO CLARIFY SAME; AMENDING SECTION 99.05 "TEMPORARY PERMITS" TO CLARIFY SAME; REPEALING SECTION 99.06 "NOTICE OF VIOLATION "; REPEALING SECTION 99.07 "ABATEMENT ORDERS "; AND AMENDING SECTION 99.08 "PENALTY" TO CLARIFY SAME'; AND PROVIDING A SAVING CLAUSE, A GENERAL, REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, excessive sound is a serious hazard to public health, welfare, safety and quality of life; and, WHEREAS, people have a right to and should be ensured an environment free from unreasonably excessive sound as would jeopardize their health, welfare or safety or degrade their quality of life; and, WHEREAS, the City Commission of the City of Delray Beach desires to prevent such unreasonably excessive sound as would jeopardize the health, welfare or safety of its citizens or degrade their quality of life; and, WHEREAS, the City Commission of the City of Delray Beach desires to amend current Noise Control provisions of its Code of Ordinances to comport with recent changes to the law. WHEREAS, the City of Delray Beach has the authority to prohibit sounds that are unreasonably loud, excessive, or unnecessary or plainly audible at a certain distance. See DA Mortgage, Inc v. City ofMiami Beach, 486 F.3d 1254, 1272 (11th Cir. 2007). NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Section 99.02 "Definitions" of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: Sec. 99.02. - DEFINITIONS. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Amplification device. Any instrument, machine, or system, which by electronic means augments sound by increasing the sound level or volume. Amplified sound. Sound augmented by any electronic means that increases the sound level or volume. (1) Neighbeflieed Ceffiffiefeift! (NC=) WA MII�M I =_ M-1 One day. A 24 -hour period from noon to noon. Premises. Any real property or parcel of land, including the buildings, structures or other improvements thereon. Residential area. For purposes of this chapter only, residential area shall include the following zoning districts: (1) R -1 -AAA; 2 Ord No. 06 -13 (2) R -1- AAA -B; (3) R -1 -AA; (4) R- 1 -AA -B; (5) R -1 -A; (6) R- 1 -A -B; (7) RM; (8) RR; (9) A; (10) PRD; (11) MH; (12) RL; (13) Community Facilities (CF); (14) Open Space (OS); (15) Open Space &amp; Recreation (OSR); and (16) Conservation District (CD). Structure. A building of any kind, either temporary or permanent, which has a roof over it. Violator. A person or entity determined or cited by a code inspector or a law enforcement officer as being in violation of the provisions of this article. Section 3. That Section 99.03 "Loud And Unnecessary Noises Prohibited" of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: Sec. 99.03. - LOUD AND UNNECESSARY NOISES PROHIBITED. It shall be unlawful for any person to make, continue or cause to be made or continued any unreasonably loud, excessive, or unnecessary noise. (A) Certain Acts Declared Unlawful. The following acts, and the causing thereof, among others, are declared to be unreasonably loud, excessive, or unnecessary noises and in violation of this Chapter: (1) Radios, televisions, musical instruments, loudspeakers, etc. Using, operating, or permitting to be played, used or operated any radio receiving set, television set, musical instrument, loudspeaker, public address system, sound truck or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants, or at any time with louder volume than is necessary for convenient hearing for the person or persons who are in the room, vehicle or chamber in which such machine or device is operated and who are voluntary listeners thereto. (a) The operation of any such set, instrument, machine or device between the hours of 11:00 pm and 7:00 a.m. in such a manner as to be plainly audible at a distance of 100 feet from the boundaries of the property surrounding the building, structure, or vehicle in which the device is located, 3 Ord No. 06 -13 except as set forth in Section 99.03(4(l)(a)(i). shall be prima facie evidence of a violation of this section. (i) For buildings or structures used for commercial purposes in the Central Business District (CBD) and in the Central Business District - Railway Corridor (CBD -RC), operation of any such set, instrument, machine or device between the hours of 11:00 p.m. and 7:00 a.m. Sunday through Thursday and between the hours of 1:00 a.m. and 7:00 a.m. Friday and Saturday in such a manner as to be plainly audible at a distance of 100 feet from the boundaries of the property in which the device is located shall be prima facie evidence of a violation of this section. ii) The 100 -feet distance shall be measured in a straight line from any point on the property line of the sound source as shown in the accompanying illustration. Ord No. 06 -13 d 4 Props y Line � Sound � ♦ 1w Oct a. 1 Q© C source r A P Oorw Line, a Q Ord No. 06 -13 (b) Where the noise source is located in a building or other structure, the owner, occupant, resident manager or other person in charge of the premises shall, if present, be presumed to have permitted the noise in the absence of evidence to the contrary. (2) Animals and Birds. Owning, possessing or harboring any dog, animal or bird which causes frequent, habitual or long continued noise which is plainly audible at a distance of one hundred (100) feet from the building, structure or yard in which the dog, animal or bird is located. This provision shall not apply to public zoos. (3) Loading and Unloading. Loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, garbage cans or similar objects in a manner as to cause an unreasonably loud or excessive sound. (4) Construction. Operating or permitting the operation of any tools or equipment used in construction, drilling or demolition work in such a manner as to create an unreasonably loud or excessive sound or vibration. (a) The provisions of subsection (A) (4) of this Section shall not prohibit construction, drilling or demolition work between the hours of 7:00 a.m. and 7:00 p.m. on weekdays, nor prohibit the use of any temporary pumps or machinery which are required to be operated twenty -four (24) hours a day in conjunction with construction work. Subsection (A) (4) shall also not apply to emergency work for public utilities or where there is an exemption pursuant to Section 99.04 or where a temporary permit has been issued pursuant to Section 99.05. (b) The provisions of subsection (A) (4) shall not apply to the use of domestic power tools subject to subsection (A)(12)of this Section. (5) Vehicle or Motorboat Repairs and Testing. Repairing, rebuilding, modifying or testing any motor vehicle, motorcycle or motorboat in a manner as to cause an unreasonably loud or excessive sound. (6) Refuse Collection Vehicles. No person shall collect refuse with a refuse collection vehicle between the hours of 7:00 p.m. and 6:00 a.m. (7) Stationag Mechanical Noise Source. Operating or permitting the operation of stationary mechanical sources including but not limited to pumps (except for pumping done pursuant to division (A) (4) (a) of this Section), motors, fans, compressors, powered tools or similar devices, air conditioning or air - handling systems, and cooling towers in a manner as to exceed 60 decibels (dB[A]) when 5 Ord No. 06 -13 measured at any point on neighboring property line. (8) Vibration. Operating or permitting the operation of any device on a property, including bass emanating from audio speakers, so as to produce vibration that is unreasonable. (9) Stationary Nonemergency Signaling Derices. Sound or permitting the sounding of any signal from any stationary bell, chime, siren, whistle or similar device intended primarily for nonemergency purposes, from any place, for more than ten (10) seconds in any hourly period. Devices used in conjunction with places of religious worship shall be exempt from the operation of this provision. (10) Emergency Signaling Derices. (a) The intentional sounding or permitting the sounding outdoors of any fire, burglar or civil defense alarm, siren, whistle or similar stationary emergency signaling devices, except for emergency purposes or for testing, as provided in subsection (A) (10) (b) of this Section. (b) (1) Testing of a stationary emergency signaling device shall not occur before 7:00 a.m. or after 7:00 p.m. Any testing shall use only the minimum cycle test time. In no case shall the test time exceed sixty (60) seconds and five (5) minutes for emergency generators. (2) Testing of the complete emergency signaling system, including the functioning of the emergency signaling device and the personnel response to the emergency signaling device shall not occur more than once in each calendar month. This testing shall not occur before 7:00 a.m. or after 7:00 p.m. The time limit for the test time specified in subsection (A) (10) (b) (1) shall not apply to the complete system testing. (c) The sounding or permitting the sounding of any exterior burglar or fire alarm shall comply with the provisions of Chapter 112. (11) Motor Vehicles Operating on a Public Kz,&- of -Vay. Motor vehicles on a Public Right -of -Way are regulated as set forth in F.S. Sections 316.272 and 316.293, as currently exists or as may hereafter be amended. (12) Domestic Pourer Tools. Operating or permitting the operation of any mechanically powered saw, drill, sander, router, grinder, lawn or garden tool, or similar device used in residential areas between the hours of 8 p.m and 7 a.m. (13) Schools, Courts, Hospitals. The creation of any excessive or unreasonably loud noise on any street adjacent to any school, institution of learning, house of worship or court while the same are in use, or adjacent to any hospital, 6 Ord No. 06 -13 which unreasonably interferes with the working of such institutions, or which disturbs or unduly annoys the patients in the hospital, provided conspicuous signs are displayed in such streets indicating that it is a school, hospital or court street. (14) Tampering. The removal or rendering inoperative by any person other than for purposes of maintenance, repair or replacement, of any noise control device or element of design of any product having those devices. Section 4. That Section 99.04 "Exemptions" of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: Sec. 99.04. - EXEMPTIONS. The provisions of this Chapter shall not apply to: (A) Radios, sirens, horns and bells and other sounds created by police, fire and other emergency response vehicles; (B) Parades, fireworks displays, and other activities for which a permit has been obtained from the City Manager or his /her designee pursuant to Section 99.05, within such hours and in accordance with such restrictions as may be imposed as conditions for the issuance of the permit; or (C) The emission of sound in the performance of an activity for which, pursuant to this Chapter, the City Manager has expressly given a , temporary permit pursuant to Section 99.05. (D) Noises resulting from emergency work, including but not limited to the use of generators or other equipment by communications and public utility companies in connection with a commercial power outage and /or restoration of service operations and the use of emergency generators due to loss of power other than non - payment of utility services. The testing of emergency generators shall not occur before 7:00 a.m. or after 7:00 p.m. and shall not occur more than once in each week. Section 5. That Section 99.05 "Temporary Permits" of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: Sec. 99.05. - TEMPORARY PERMITS. (A) Requirements and procedures. The City Manager or his or her designee is authorized to issue a temporary permit to allow noise when produced by a temporary use or activity as provided in this section. The City Manager may prescribe any reasonable conditions necessary to minimize any adverse effect upon the community. A permit granted under this e section shall contain all conditions upon which the permit has been granted, including the decibel limit and the period of time for which the permit has been granted. Such relief may be granted in the following situations: 7 Ord No. 06 -13 (1) Special events. When an applicant is ais apnl, i�ng fora Special Use permit, a tempora!:� permit to allow noise ma,T� granted at the same time. A special event is a non - routine happening or social activi , bringing people together in a defined area on City facilities, right of wad. or private property which requires City services to ensure safety and coordination. Special events include, but are not limited to, activities such as festivals, concerts, sporting events, parades, walks and runs, etc. (2) Temporary events. When an applicant plans to engageage intempora uses or activities on private property which do not significantly endanger the health, safety or welfare of the community, but which may be in technical violation of the requirements of this Chapter, a tempora!:� permit may be issued to permit noise produced by the event. Temporary events include, but are not limited to, store openings. outdoor markets, carnivals, etc. (347) Code compliance in progress. When an applicant is utilizing best efforts to comply with the noise restrictions in this Chapter, but additional time is required for the applicant to modify his activity to comply and no reasonable alternative is available to the applicant, such permits may be granted for a period of time not to exceed ten (10) consecutive days. (4-2) Construction. When construction activities pursuant to a valid building permit cannot be carried out in a manner which would comply with Section 99.03, notwithstanding that all equipment is operated in accordance with manufacturer's specifications, is in good repair and utilizes all noise baffling methods as specified by the manufacturer. (a) The City Manager may authorize any necessary construction activities to occur earlier and /or later than normally allowed based upon a finding that: 1. There are no reasonable alternatives; 2. There are no prior code violation adjudications or fines and no pending construction noise violation cases against the property owner, contractor, or the construction site; and 3. There is a significant community need, public purpose or benefit. (b) The work authorized by the City Manager may be conditioned upon reasonable notice to surrounding property owners and tenants. Permits issued pursuant to such authorization shall not exceed seven (7) consecutive days. (c) Notwithstanding the provisions 4-2 (a) and (b), temporary permits shall be subject to authorization by the building official under emergency circumstances or when the building official determines that for reasons of technical necessity work earlier or later than the time frames normally allowed or 8 Ord No. 06 -13 on any day (including Sundays or national holidays) is required. The work authorized by the building official pursuant to this subsection shall be conditioned upon reasonable notice to surrounding property owners and tenants. (B) Violation of temporary permit. Failure to comply with any condition of a temporary permit issued pursuant to this section shall constitute a violation and shall result in enforcement procedures and penalties as set forth in Section 99.08. (C) Revocation of temporary permits. Any temporary permit may be immediately revoked if the City Manager finds that an emergency condition exists involving serious danger to the public health, safety, or welfare; if the permit holder failed to disclose or misrepresented material information in the permit application or in the permit application process; or that there was a failure to comply with any condition of a particular temporary permit. (D) The issuance of a temporary permit is a privilege and does not constitute a right or expectation that said permit will remain in effect. Any permits issued pursuant to this section shall not constitute or be deemed precedent for the granting of any future permits. (E) Appeals. Appeals of the decision of the City Manager or his /her designee shall be made to the City Commission by submitting the appeal in writing to the City Clerk within ten (10) days of the denial. Decisions of the City Commission shall be final subject to appeal of such decision within thirty (30) days to the Circuit Court of Palm Beach County. Section 6. That Section 99.06 "Notice of Violation" of the Code of Ordinances of the City of Delray Beach, Florida, shall be amended by repealing it in its entirety: - - - -- -- - - -- - - - -- - -- - - .. - - Section 7. That Section 99.07 "Abatement Orders" of the Code of Ordinances of the City of Delray Beach, Florida, shall be amended by repealing it in its entirety: 9 Ord No. 06 -13 - -- - - - - - - - - -- - - - -- - - JZ 9 Ord No. 06 -13 Section 8. That Section 99.08 "Penalty" of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: Sec. 99.08. — NOTICE OF VIOLATION /PENALTY. (A) ��A code enforcement officer or a law enforcement officer may issue a civil citation for a violation of this Chapter pursuant to the procedures and amounts listed in Section 37.45 of this City's Code of Ordinances. Each violation shall constitute a separate instance for which a separate fine may be imposed. A person may receive a separate notice of violation once every hour if a violation has occurred at any time within that period. A violation shall be deemed to have occurred on the date that the incident that was the basis for violation occurred. A violation occurring twelve (12) months after the last violation shall be treated as a first violation for purposes of incurring new fines and penalties. B) A code enforcement officer or law enforcement officer may issue a notice of violation of this Chapter and initiate enforcement proceedings to be heard by the code enforcement board pursuant to the procedures listed in Section 37.36 of this City's Code of Ordinances and in accordance with the amounts listed below: (1) If the offense is the first offense to come before the code enforcement board, a maximum fine of $250.00 may be imposed upon a finding of guilt by the code enforcement board. (2) If the offense is the second offense to come before the code enforcement board within the preceding 12 months, a maximum fine of $500.00 mad be imposed upon a finding of guilt by the code enforcement board. (3) If the offense is the seee)ftd third offense to come before the code enforcement board within the preceding 12 months, a maximum fine of $1000.00 may be imposed upon a finding of guilt by the code enforcement board. (44) If the offense is the fhird fourth offense to come before the code enforcement board within the preceding 12 months, a maximum fine of $3000.00 may be imposed upon a finding of guilt by the code enforcement board. (54) If the offense is more than the 4tird fourth offense to come before the code enforcement board within the preceding 12 months, a maximum fine of $5000.00 may be imposed upon a finding of guilt by the code enforcement board. CM (6) For the purposes of this section. "offense" shall mean a finding of violation by the Code Enforcement Board. An offense shall be deemed to have occurred on the date the violation occurred. An offense 10 Ord No. 06 -13 occurring twelve 12� months after the last offense shall be treated as a first offense for purposes of incurring new fines and penalties. (C) This Chapter shall be enforced using procedures set forth in this Chapter, Seel e 37 ^ 5Chapter 37 -e° �~ �� n�of the City's Code of Ordinances, or by any other means available to the City. Section 9. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 10. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 11. That this ordinance shall become effective upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the _ day of 12013. ATTEST: City Clerk First Reading Second Reading MAYOR 11 Ord No. 06 -13 SECTION 4.4.13 Section 4.4.13 Central Business (CBD) District: (A) Purpose and Intent: The Central Business District (CBD) Zone District is established in order to preserve and protect the cultural and historic aspects of downtown Delray Beach and simultaneously provide for the stimulation and enhancement of the vitality and economic growth of this special area. Establishment of the CBD District is consistent with and implements, in part, Objective C-4 of the Land Use Element of the Comprehensive Plan. The CBD District is generally applied to territory depicted in the Commercial Core designation on the Future Land Use Map. The areas described below and shown in Figures 4.4.13 -1, 4.4.13 -2 and 4.4.13 -3 provide for development that is consistent with the adopted Downtown Delray Beach Master Plan. [Amd. Ord. 64 -04 11/16/04]; [Amd. Ord. 21 -04 514/04] Central Core: The regulations are intended to result in development that preserves the downtown's historic moderate scale, while promoting a balanced mix of uses that will help the area evolve into a traditional, self - sufficient downtown. Residential development is permitted at higher densities in this area than any other part of the city, in order to foster compact, pedestrian oriented growth that will support downtown businesses. [Amd. Ord. 21 -04 514104] Figure 4.4.13 -1 — Central Core 4.4-58 10 F. C al —_ — N■■ • l■s■■■ ir■ _ ■ ■ ■1l1 �■� _ —� �E __ ■_!�_-__' Em 1 __,..� :dal= —,_ _____ INS Zz - -� � � ��. Bill I 111 1111 . ■: ■.�.. ■. ■. ■ � I' � _■ -. ■ . ■I — ■■ ■ ■� i�llll =■ O=107 -'� 11111111,' ■ p ■ �1'.!f 1 Mm -J ■ = will ■le. _' ■ ■ ■, MISS �I�1 IIII IIIh " 1111111 ' 1111111 111 IIII Iu 111111111111111 111111 m MfflIS m mom HIII 11 � IIII X11• 'Ii:S:riiY It IIIIIIIIJII011j a- all 111111 =f �— —�•� =� u', i_iG -_ nu -_ _�_:� -�_ -- �� -- -- ��� ■■ � . ■ FM�I � ■111111111 111. _ — ■WfYNYWV1111 PC - -- ■� _ ■ -- 11f1!, __ -- ° :- °_ 112 HIM — ■111111 ssy _ ' �a■ ■nom III El— 0 I All INN oil CENTRAL ._ CBD (CENTRAL BUSINESS DISTRICT)ANDGIORC Figure 4.4.13 -1 — Central Core 4.4-58 SECTION 4.4.13 (A) Beach Area: The goal for this area is to "preserve and enhance the character of these areas, the public condition of the beach, the vitality of its center, and the natural environment." The Master Plan calls for redevelopment of existing buildings in a manner that places storefronts close to the street and parking in the rear. Where existing buildings are separated from the pedestrian ways by wide landscaped areas, the addition of arcades and new building square footage to bring the storefronts closer to the street is encouraged. [Amd. Ord. 21 -04 514/04] 111111 = ������_ ■■ -- -- �■ ■■1 ■�■ . ��i .IIIIIII�- 11111— pp = =ppp� ��� :1111111 X1111- -- � ■■ ■■■■■� � � -_ == _- ■■ == == - ? '- _ T= -- Ili.,, � 1111• � 1 1! 11'llllltt: =' -= � = =�=� �� ■= �■ � �.I��Ii�` � 1111111 1� "rtt9— C C ■ C �■ �IIIII 1 ■: ��� No -- - _ -- -- .11 1■ 8 ■� ■■ �� � _ =�- =per- X111111111 . ■ ■ � ■... � �_ - - ■■�_— _1111111': �;�■� ■ � .■ ■■ �� 1■IIII 1:11: I:" II ■I. �'��■ Ell ME 0 BE mm 1u mnn nli� 1111111 wll ��NI f� ; . IIINI 111111 111 ! ■11111111111111 n111 IIIIIILIIIIIIIII �! 111111° " "" "'= IIIIII ■ ■ ,� lu■u� -pp -11111 1111= �IIIIIII Comm ME ■- 110w In -- -- II En -® .. Hil BEACH AREA -■ IIIII 111 -_. �11� -- _- �` �■ ■� , ,, �■ �: == =■ == _� =_= ■Illllr IIIIIIII� C� ■, �� CC .I. . ,, ■ ■� ��� ■1111 pp ���� �11� �. ■n. � it � nuum 111111.e fl: i �� � �' �1 11 11 111111 -- • ..� • • . ... ■� � 1111111111 nn■ . � 1111�� - ■■ ■■■ � :. . DISTRICT Figure 4.4.13 -2 - Beach Area 4.4-59 CASEY & SRANNEN Attorneys at Lave Timbers Professional Center Of Counsel 24-0 West River Drive GEORGE W. BRANNEN DOUGLAS F. MACPHAU- St. Charles, IL 60174 ROBERT F. CASEY 1921 -2006 TIA40THY P. DWYER Fax (6 30) 513 -0109 Phone (630) 513 -0066 February 19, 2013 Via Email To: Mayor Thomas Carney, carney�&m, d�ybeach.com Deputy Vice -Mayor Adam Frankel, frankel@mydelrUbeach.com Commissioner Angeleta Gray, agrgy ,mydelraybeach.com Commissioner Al Jacquet, jacquetae,mydelraybeach.com Commissioner Christina Morrison, morrison@mydelraybeacb.com/ Christinadelfgy@gmail.com Re: Bahama House Dear Mayor and City Commissioners: I am writing about the proposed new noise ordinance. I would like my comments considered at the meeting tonight. We own Unit 1 of the Bahama House at 72 South Ocean Blvd. The noise from Boston's adjacent Sandbar is racous and unreasonably loud. No member of this commission would tolerate it next to his or her home_ Here are my comments about the proposed noise ordinance. (1) the change in the proposed ordinance from 50 to 100 feet for outdoor noise in a residential area is totally unreasonable and unjustifiable. (2) Delray Beach supposedly prohibits unreasonable noise because it poses a serious hazard to public health, welfare, safety and quality of life (first sentence of ordinance). (3) The proposed ordinance change is a terrible idea. The hours for a prima facia violation are unreasonably short (i.e., 1 a.m. to 7:00 a.m. on Friday and Saturday and 11:00 p.m. to 7:00 a.m. on weekdays)_ So residents are only entitled to six hours of sleep on Friday and Saturday, even if sick or elderly. (4) What protection do citizens have from 7 a.m. to 11: p.m. and 7 a.m. to 1: 00 a.m. on weekends. Is any loud noise allowed? Are violations in the middle of the morning or afternoon going to be enforced or is the 100 foot rule going to swallow the idea that unreasonable loud noise is prohibited? (5) Restricting excessive noise will never hurt the many wonderful restaurants of Delray Beach. Loud, late night noise is about drinking and night clubs, not good restaurants. Additonal Information for Item 12.13. (6) How many citizens with families and no ties to restaurants want the noise ordinance weakened? (7) Instead of removing the 50 foot restriction for outside noise, why not make the restriction 50 feet for all noise? (8) Loud noise especially in bars and especially until 1:00 a.m. adds nothing to the City of Delray Beach and benefits only the establishments that serve their patrons alcohol. Nothing good happens after 12:00 a.m. Loud noise in bars, especially late, often attracts a rough crowd and adds nothing of value to Delray Beach. Many of the people who drink this late, get into their cars and drive drunk or cause other disturbances that are a threat to Delray citizens. Those with motorcycles rev the engines and race away in the loudest way possible. (9) Delray officials should not be swayed by restaurant corporations which hire lobbyists to pressure it's elected officials not to enforce its laws while they suggest new laws for the special interests of their clients. The noise ordinance recently passed by the City will benefit its citizens and improve the quality of life in Delray Beach. The hold should be removed and the existing ordinance enforced. WAS-5-IM Very truly yours, George W. Brannen Additonal Information for Item 12.B. SECTION 4.4.13 (A) West Atlantic Avenue Neighborhood: The goal for this area is to provide for development that is consistent with the adopted West Atlantic Avenue Redevelopment Plan and the Downtown Delray Beach Master Plan. The emphasis is on the preservation and enhancement of existing neighborhoods, while promoting a pedestrian friendly commercial area along Atlantic Avenue that contains a mix of residential, commercial and civic functions. Businesses that are oriented toward serving the local neighborhood, as opposed to a regional area, are encouraged. [Amd. Ord. 64 -04 11/16104] S0. 9PADY QFYEi.PATY SOINI r.i . CBD Wry Yh'�!� i i .... '•TVLF u I�_� i- �- \ ■� ■� 11111 IIIIIIIIII -- -111 111111 �- l��lll 1in M i— - -4 -- -- ��,�. -t 1111 in —� �- - -p =� �� ■ \� liiii IIIIIIIIII IIIC fll� ■��� IIIIIIIIII n■um __ nm■ mMMEE 111111111 =_ __ —� °'= ME : 111 1= -- �_ = == . �_- - 111111- II lum u11■ - =_�Ti_ - rl WEST ATLANTIC NEIGHBORHOOD an Ir DELR v DEr.I, EL CBD (CENTRAL BUSINESS DISTRICT) ZONED DISTRICT PLANNIN.: 6 �.;NING DEPARTMENT -- C .;' AL AM"= A.- SY.Ei_:' -- Figure 4.4.13 -3 - West Atlantic Neighborhood 4.4-60