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03-19-13 Regular Meeting
City of Delray Beach Regular Commission Meeting Tuesday, March 19, 2013 RULES FOR PUBLIC PARTICIPATION Regular 1. PUBLIC COMMENT: City Commission meetings are business meeting and the Meeting 6:00 right to limit discussion rest with the Commission. Generally, remarks by an p.m. individual will be limited to three minutes or less. The Mayor or presiding officer has Public discretion to adjust the amount of time allocated. Hearings 7:00 p.m. Delray Beach City Hall A. Comments and Inquiries on Non - Agenda and Agenda Items (excluding public hearing or quasi-judicial hearing 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. B. Public Hearings /Quasi- Judicial Hearings: Any citizen is entitled to speak on items under these sections at the time these items are heard by the Commission. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address the Commission 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. The primary purpose of the sign -in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign -in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. 100 N.W. 1st Avenue Delray Beach, FL The City will furnish auxiliary aids and services to afford an individual with a 33444 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 accommodate your 243 -7000 request. Adaptive listening devices are available for meetings in the Commission Fax: (561) Chambers. 243 -3774 REGULAR MEETING AGENDA ROLL CALL 2. INVOCATION 3. PLEDGE OF ALLEGIANCE TO THE FLAG A. NONE 4. AGENDA APPROVAL 5. APPROVAL OF MINUTES: A. January 31, 2013 - Workshop Meeting B. February 19, 2013 — Regular Meeting 6. PROCLAMATIONS: A. Water Conservation Month — April 2013 7. PRESENTATIONS: A. RESOLUTION NO. 18 -13: Approve Resolution No. 18 -13 recognizing and commending Barbara J. Flynn for 35 years of dedicated service to the City of Delray Reach_ B. Recognizing and commending NAKeD Hair Salon for their contributions and service in the community C. Check Presentation for Sponsorship of a Portion of First Night - Delray Beach Marketing Cooperative (DBMC)(ADDENDUM) COMMENTS AND INQUIRIES ON AGENDA AND NON - AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PRESENTATIONS: A. City Manager's response to prior public comments and inquiries. B. From the Public. CONSENT AGENDA: City Manager Recommends Approval A. GRANT APPLICATION /FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT): Authorize staff to accept a grant from the Florida Department of Transportation (FDOT) in the amount of $525,000.00 for the Downtown Roundabout Shuttle trolley system. B. SOUTH FLORIDA REGIONAL TRANSPORTATION AUTHORITY (SFRTA): Authorize staff to pursue an agreement with South Florida Regional Transportation Authority (SFRTA) for the feeder service pram to provide funding to the City for shuttle service between the Tri -Rail Station. C. RESOLUTION NO. 21 -13: Approve Resolution No. 21 -13; a declaration to reimburse capital expenditures relative to the Beach Nourishment Project as well as the Federal HiMhway Beautification Project. D. CONSENT TO ASSIGNMENT/ ROSSO PAVING & GRADING, INC. TO ROSSO SITE DEVELOPMENT, INC.: Approve a Consent to Assignment with Rosso Paving & Grading, Inc. to Rosso Site Development, Inc. E. RESOLUTION NO. 10 -13: Approve Resolution No. 10 -13 assessing costs for abatement action required to remove nuisances on 14 properties throughout the City of Delray Beach. F. GRANT APPLICATION /FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) /HIGHWAY SAFETY PROGRAM: Approval to submit a grant application to the Florida Department of Transportation's (FDOT) Highway Safety Program in the amount of $57,808.00 for pro2rammin2 to mitigate aggressive driving within the City limits. G. GRANT AGREEMENT/PALM BEACH COUNTY/ FED CUP TIE: Approve a Grant Aureement between the City and Palm Beach County to provide a grant to the City in the amount of $38,000.00 for the FED Cup Tie to be held on April 20 & 21. 2013. H. MUNICIPAL ELECTION RESULTS /RESOLUTION NO. 20 -13: Canvass the returns, and declare the results of the March 12. 2013 First Nonpartisan and Special Elections: and approve Resolution No. 20 -13. I. SPECIAL EVENT REQUEST /AVDA 5K/IOK WALK/RUN: Approve a special event request to endorse the 141h- Annual Aid to Victims of Domestic Abuse, Inc. (AVDA) 5K/IOK Walk/Run to be held on Saturday, October 12, 2013 from 7:30 a.m. until approximately noon, with set up at 5:00 a.m., to grant a temporary use permit per LDR Section 2.4.6(F) for the use of Anchor Park and the City right -of -way along Ocean Boulevard from Bucida Road to George Bush Boulevard, to waive parking meter fees in Anchor Park, Sandoway lots, Atlantic Dunes Park, Ingraham Lot and the City lot at Gleason Street from 5:00 a.m. to 11:00 a.m., and to authorize support as outline in the staff report, with the event producer payer 100% of City costs; contingent on the receipt of the Certificate of Liability Insurance by September 27, 2013. J. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period March 4, 2013 throumh March 15, 2013. K. RIGHT OF WAY DEED ACCEPTANCE /428 N.E. 81H-- AVENUE: Approve acceptance of a right -of -way deed for two feet (2') of alley right -of -way dedication for the property located at 428 N.E. 8th Avenue. (ADDENDUM 10. REGULAR AGENDA: A. CONDITIONAL USE REQUEST /SOUTHGATE MOTEL: Consider approval of a conditional use request associated with the renovation and expansion of the existing ten (10) room motel including the construction of a two -story addition to accommodate seventeen (17) new motel rooms for a total of twenty -seven (27) rooms, and construction of new on -site parking spaceswith associated landscaping for Southgate Motel, located at 1600 North Federal Highwa�.(Quasi- Judicial Hearing) B. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD DECISION: ENTERPRISE RENT -A -CAR: Consider an appeal of the Site Plan Review and Appearance Board (SPRAB) decision to deny a flat wall sign with corporate colors for Enterprise Rent -A -Car, located at 14832 South Military Trail. (Quasi - judicial Hearin) C. WAIVER REQUESTS/ DELRAY BEACH FAIRFIELD HOTEL: Consider approval of six (6) waivers to the Land Development Regulations (LDR) Sections 4.4.13(F)(4)(b) (1), "Front Setbacks ", 4.4.13.(F)(4)(c)(1), "Building Frontage ", 4.6.9(D)(3)(c)(1), "Stacking Distance ", 6.1.3(B)(1)(f), "Sidewalk Design Requirements" and 4.6.18(B)(14) (iv)(2), "Windows and Doors ", pertaining to the Delray Beach Fairfield Hotel, located on the south side of West Atlantic Avenue, between S.W. h Avenue and S.W. loth Avenue. (Quasi- Judicial Hearing) D. CONDITIONAL USE REQUEST / DELRAY MEDICAL CENTER: Consider approval of a conditional use request to increase the building height to a maximum of 60 feet for the Delrav Medical Center located at 5270 Linton Boulevard. (Ouasi- Judicial Hearing) E. JOB CREATION INCENTIVE AGREEMENT/ ALDRIDGE CONNORS LLP.: Consider approval of a Job Creation Incentive Agreement with Aldridge Connors LLP, for the creation of 250 new and existing jobs to Delray Beach office space on the Innovation Corridor, with a maximum five -xar grant of $200,000.00. F. REQUEST FOR PROPOSAL (RFP) RESPONSES FOR BOND COUNSELING SERVICES: Consider approval of the Selection Committee's ranking of the Bond Counsel Services (RFP# 2013 -32) responses short list and provide authorization to enter into a contract. G. APPOINTMENT TO THE GREEN IMPLEMENTATION ADVANCEMENT BOARD: Appoint one (1) alternate member to the Green Implementation Advancement Board to serve an unexpired term plus a two year term ending July 31, 2015. Based upon the rotation system, the appointment will be made by Commissioner Morrison (Seat #1). H. APPOINTMENT TO THE BOARD OF ADJUSTMENT: Appoint one (1) alternate member to the Board of Adjustment to serve an unexpired term plus a two (2) year term endinM AuMust 31, 2015. Based upon the rotation system, the appointment will be made by Commissioner Jacquet (Seat #2). I. APPOINTMENT TO THE CIVIL SERVICE BOARD: Appoint one (1) reMular member to the Civil Service Board to serve a two (2) year term ending April 1, 2015. Based upon the rotation system, the appointment will be made by Mayor Carney (Seat #5). 11. PUBLIC HEARINGS: A. RESOLUTION NO. 19 -13 /CONTRACT FOR SALE AND PURCHASE /125 N.W. 12TH AVENUE: Consider approval of Resolution No. 19 -13, a contract for sale and purchase, authorizing the City to sell the Neighborhood Stabilization Program property located at 125 N.W. 12th Avenue to Azianne Zamor in the amount of $70,000.00 or appraised value. 12. FIRST READINGS: A. ORDINANCE NO. 07 -13: Consider a privately- initiated rezoning from AC (Automotive Commercial) to PC (Planned Commercial) for Delray Marketplace (former Ralph Buick Dealership property), located at 2501 South Federal Highway. If passed, a public hearing will be held on April 2, 2013. 13. COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS: A. City Manager B. City Attorney C. City Commission WORKSHOP MEETING JANUARY 31, 2013 A Workshop Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Thomas F. Carney, Jr. in the First Floor Conference Room at City Hall at 4:00 p.m., on Thursday, January 31, 2013. 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 - Robert Barcinski, Assistant City Manager Brian Shutt, City Attorney Chevelle D. Nubin, City Clerk Mayor Carney 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. Joint Meeting with the State Legislative Delegation regarding the City's 2013 Legislative Priorities Mr. Richard Reade introduced this item and the legislators in attendance: Representative Bill Hager, Representative Bobby Powell, Senator Maria Sachs and Representatives from Lori Berman's office, Senator Cummings' office and the State Attorney's office: Adrianne Ellis and Brian Fernandez, Chief Assistant State Attorneys. Mr. Reade stated the city is trying to build working relationships with our legislators and the State Attorney's office in regards to furthering the goals of the city and build on the Commission's priorities. He gave an overview of the city's key legislative priorities for this year and stated a one page trifold brochure has been created listing the priorities. Representative Hager gave an overview of the areas within his District 89 and stated his office has been working with the Department of Environmental Protection regarding emergency permitting for the beach renourishment /dredging and stated he will be happy to assist the city as any other issues unfold. Commission Morrison asked if some anti - violence language will be added to our legislative priorities and thanked the representatives from the state attorney's office for being present. Commissioner Jacquet thanked Mr. Fernandez and Ms. Ellis for being present and stated he stopped by the State Attorney's office yesterday and it is a "people's" office. Mr. Frankel commented regarding the beach and how Department of Environmental Protection (DEP) is handling this and stated he appreciates Representative Hager's help with this. He discussed sober houses and pensions of police officers. Mrs. Gray stated thanked Representative Hager for his help regarding the beach and commented regarding sober houses. In addition, she asked about the "10, 20, Life" law. She thanked the legislators for being in attendance. Mr. Jacquet discussed public perception, beach renourishment and sober homes. Senator Sachs thanked Commission for her space in City Hall and discussed a meeting she had attended on legislative priorities in Broward County. She also discussed Home Rule regarding firearms and Enterprise Zones. Mrs. Gray asked the legislators to please monitor unfunded mandates. Mayor Carney discussed economic incentives, beach renourishment, firearms and sober house legislation. Representative Powell provided an update of the bills /issues he is working on i.e. firearms, beach renourishment and coastal zone management. He stated he spoke to someone today in regards to sober homes. Representative Powell stated his office is available and Commission can contact him at any time. Mayor Carney acknowledged Henry Handler who was present. Representative Lori Berman's aide spoke regarding sober houses and bills she has sponsored. Discussion continued between the Commission and legislators. Mayor Carney adjourned the Workshop Meeting at 4:59 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 Thursday, January 31, 2013, which Minutes were formally approved and adopted by the City Commission on March 19, 2013. City Clerk 2 January 31, 2013 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. January 31, 2013 FEBRUARY 19, 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, February 19, 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 Rabbi Randy Konigsburg with Hospice of Palm Beach County. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. Ms. Morrison requested that Item 8.1, Renewal of the Insurance A2ent/Broker Service Agreement /The Plastrike Agency, Inc. be removed from the Consent Agenda and moved to the Regular Agenda as Item 10.A.A. The applicant requested that Item 8.C., Right -of -way Deed Acceptance /36 S.E. 1st Avenue be removed from the Consent Agenda. Mr. Frankel moved to approve the Agenda as amended, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor 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 Meeting of December 11, 2012, seconded by Mr. Frankel. 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. 02/19/13 Mr. Frankel moved to approve the Minutes of the Regular Meeting of January 15, 2013, seconded by Ms. Morrison. 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. 6. PROCLAMATIONS: 6.A. Eating Disorders Awareness Week — February 24, 2013 - March 2, 2013 Mayor Carney read and presented a proclamation hereby proclaiming the week of February 24, 2013 — March 2, 2013 as Eating Disorders Awareness Week. Sharon Glynn came forward to accept the proclamation and gave a few brief comments. 6.11. All People's Day ® — March 22, 2013 Mayor Carney read and presented a proclamation hereby proclaiming March 22, 2013 as All People's Day. Susan Schwartz came forward to accept the proclamation and gave a few brief comments. 7. PRESENTATIONS: 7.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. office.) The caption of Resolution No. 13 -13 is as follows: 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. (The official copy of Resolution No. 13 -13 is on file in the City Clerk's Mayor Carney read and presented Resolution No. 13 -13 to Richard Hasko. Mr. Frankel moved to approve Resolution No. 13 -13, seconded by Ms. Morrison. 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. 2 02/19/13 8. CONSENT AGENDA: City Manager Recommends Approval. 8.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. 8.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. 3 rd Avenue and N.W. 12m Avenue. 8.C. THE APPLICANT HAS REQUESTED THAT THIS ITEM BE REMOVED FROM AGENDA. 8.D. RIGHT -OF -WAY DEED ACCEPTANCE/ 307 S.E. 4' 1`H 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. 4m Avenue. 8.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. 8.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. 8.F.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. 8.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. 02/19/13 8.11. 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. 8_I. 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). 8_J. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A. 8.K SPECIAL EVENT REQUEST /15TH 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 $6,495.00. 8.L. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period February 4, 2013 through February 15, 2013. 8.M. AWARD OF BIDS AND CONTRACTS: 1. None Mr. Frankel moved to remove Item 8.C. from the Agenda, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Ms. Morrison — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Carney — Yes. Said motion passed with a 5 to 0 vote. Mr. Frankel moved to approve the Consent Agenda as amended, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Carney — Yes; Ms. Morrison — Yes. Said motion passed with a 5 to 0 vote. 9. COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS FROM THE PUBLIC - IMMEDIATELY FOLLOWING CONSENT AGENDA. 4 02/19/13 9.A. City Manager's response to prior public comments and inquiries. Douglas E. Smith, Interim City Manager, stated at the January 15, 2013 Commission meeting Carol Anderson raised some concerns about sidewalk cafes and police presence downtown. Mr. Smith stated the City has their Clean and Safe unit downtown with currently four officers and a sergeant assigned. With regard to sidewalk cafes and the rules that govern the access locations of tables, etc., Mr. Smith stated the City's ordinance requires a two foot setback whenever tables and chairs are adjacent to a travel lane; this does not apply to areas that have street parking but all sidewalk cafes must maintain a five (5) foot clear path for public travel which is enforced by the City. Mr. Smith stated this provision applies to all sidewalk cafes in the City; however, there are times when patrons at establishments will move tables and chairs thus creating part of the issue. Secondly, Mr. Smith stated at the previous Commission meeting there were several individuals that spoke regarding ATV use in the City. He stated per Florida Statutes all vehicles that are operated on public roadways must be registered with the State; ATV's and dirt bikes due to the lack of certain safety equipment cannot be registered in that fashion and the Police Department has responded to community concerns from the southwest and northwest areas of reckless ATV riding through the neighborhoods so the department developed a plan of action to address that. Mr. Smith stated the area around the depot had been used as a riding area and some people from all over Palm Beach County were coming to that area and once the owner was made aware of it they decided to post "No Trespassing" signs in the area. He stated another issue is riders that are operating the ATVs usually do not have driver's licenses. Mr. Smith stated with regard to the seizure of vehicles some have been impounded for various reasons and some others were impounded but were released when ownership was provided and there has been no towing or impound fees charged to the owners in these cases. He stated another topic discussed was having another riding area in the City. Mr. Smith stated City staff is not aware of an area that is vacant large enough to accommodate use and that the use would not negatively impact adjacent property owners. He stated if a site was available one challenge would be getting vehicles to the site due to not being able to legally operate them on a roadway and there would be potential liability or community concerns regarding noise. Mr. Smith stated ATV use is supposed to be used only on private properties or other riding areas that would allow such use and staff does not have a recommended establishment of a particular riding area inside the City limits. Mr. Smith stated with regard to Pauline Moody's comments about litter and cigarette butts, the City initiated a program a short time ago to help address some of the worst areas in the downtown. He stated Mr. Blum commented about the signage for the Gateway feature and the names of the Commission and City Manager listed on that signage. The policy has been to place the names of the Commission that were in office at the time the project started and staff recommends proceeding that way as it is similar to the way a building dedication is done. 5 02/19/13 9.11. From the Public. 9.11.1. Gail Lee McDermott, 721 S.E. 3rd Avenue, Delray Beach, FL 33483 (Osceola Park), stated Osceola Park is working on another alley dedication and gave the Commission an update of the alley cleaning. Mr. Jacquet commended Osceola Park and its residents for their work in getting these alleys cleaned up and stated the stats are astounding (29 residential burglaries in 2011 and only 8 in 2012). 9.11.2. Pauline Moody, 609 S.W. 8th Avenue, Delray Beach, FL 33444, commented about the Old School Square Garage retail space. 9.11.3. Alice Finst, 707 Place Tavant, Delray Beach, FL 33445, stated she has been asked by a number of people to explain to them the issues that are on the ballot and suggested that the Commission put an explanation on the City's website explaining what each of the issues is and what it means to people who attend meetings and who do not attend meetings. Mr. Carney acknowledged the Boy Scout troop in attendance this evening. At this point, the time being 6:39 p.m., the Commission moved to Item 10.A.A. 10. REGULAR AGENDA: 10.A.A. 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 Plastridge Agency, Inc. for an additional one year period beginning October 1, 2013. Ms. Morrison suggested that this issue be put out for bid or set aside until the new manager takes over. Bruce Koeser, Human Resources Director, stated the City has had an agreement with Plastridge since 2008 and noted it was a three (3) year agreement with three (3) one -year options. Mr. Koeser stated they are contracted with the City to handle City's property and casualty insurance. He stated Plastridge and FMTT insurance together have saved the City hundreds of thousands of dollars a year each year besides premiums staying relatively flat. Mr. Koeser stated the City received a rebate check in the amount of $25,000,000 each year for these last few years. Mr. Koeser stated the commissions that the City contracted with Plastridge for have remained under the $125,000 according to the contract which is something that the City had an issue with prior to Plastridge. Mr. Koeser stated this will be up in 2014 and at that time the City would go out for an RFP. 6 02/19/13 Mr. Frankel stated the City Commission had received major criticism about renewing a beach contract and renewing a waste management contract and inquired to why this would be any different. Mr. Jacquet asked how much this contract costs the City. Mr. Koeser stated approximately $1.3/$1.4 million. Mr. Jacquet stated he understands that the three one -year renewals end and concurs with comments expressed by Commissioner Morrison that perhaps the Commission does need to take a look at that. Mr. Smith stated that would include the premiums that the City would pay; the actual commission to the broker is the $125,000 or less. Mrs. Gray inquired about the rebate checks and asked why the dollars are being returned back to the City. Mr. Koeser stated FMIT is a municipal trust of many municipalities throughout the State and the cost of experience and the cost that the trust is actually expending is less than what they are taking in. Peter Arts, Plastrike Insurance (broker of record for the City's municipal insurance program since 2008), stated the agreement was a three (3) year term with three one -year renewals and explained that this is a continuation of a contract that they currently have. Mr. Arts stated since the trust is owned by the municipalities in Florida when we have an experience of a lack of windstorms the amount of claims paid is drastically reduced. He stated since the City is the owner of those claims and as a trust and not a private company that has to answer to shareholders they return that unused premium to the City. Mr. Arts stated if there were storms the City would not have received a return of premium but since there were not any storms the trust does not take that as profit as other carriers might do. He stated this year the City received $265,000. Mrs. Gray asked if Plastridge is more like a middle agent instead of us going right to insurance. Mr. Koeser stated staff would submit an RFP for other agents like Plastridge. Mrs. Gray asked who the insurance company was at the time the City renewed in 2008. Mr. Babin, Risk Manager, stated Arthur J. Gallagher was the insurance company at that time and the City has had the three (3) year contract since 2008 with the City having the option to renew every year for three years. Mr. Carney stated he understands this and when this came up last time he raised the issue and it was then explained to him at that time why it was being renewed the way it was. Mr. Carney stated he continues to be in support of bidding out everything. Mr. Carney asked if this is the last of the three years. Mr. Koeser stated the last of the three years would be September 30, 2014. The City Attorney stated in 2014 it would go out for bid. Mrs. Gray asked how long the bid process will take. In response, Mr. Koeser stated the process will take approximately 4 -6 months. 7 02/19/13 Mr. Frankel moved to approve the renewal for the year August 1, 2013 - September 30, 2014, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Frankel — No; Mrs. Gray — No; Mayor Carney — No; Ms. Morrison — No; Mr. Jacquet — No. Said motion to approve renewal was DENIED with a 5 to 0 vote. The City Attorney confirmed with the City Commission that they would like to see this go out for a RFP (Request for Proposal). 10.A. RECONSIDERATION OF A WAIVER REQUEST FOR LINTCO DEVELOPMENT: Reconsider 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 (51) 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) Mayor Carney read the City of Delray Beach Quasi - Judicial Hearing rules into the record for this item and all subsequent Quasi - Judicial items. Mayor Carney asked the Commission to disclose their ex parte communications. The Commission had no ex parte communications to disclose. Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Paul Dorling, AICP, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2012 -224. Mr. Dorling stated this is a reconsideration of a waiver to LDR Section 4.6.9(D)(3)(c)(1) to reduce the stacking distance associated with Lintco Development. He stated this is across from what was previously the old Costco site. This request is to reduce the stacking distance from the required 50 feet for parking lots with 51 or more spaces to 28 feet 9 inches at the northern entrance off S.W. 4th Avenue. Mr. Dorling briefly reviewed the site plan. He reiterated that the required distance is 50 feet of stacking. Mr. Dorling stated at its meeting of January 15, 2013, the City Commission voted 3 to 2 to recommend denial of the waiver. At that time, the applicant was not present and was not able to defend his position. On February 5, 2013, the City Commission voted to reconsider the action which is before them tonight. Based on provision of three possible entrances and exits to the site and the fact that this also includes a secondary northern access point from S.W. 4th Avenue the requested waiver is supportable. The required findings of LDR Section 2.4.7(B)(5) are made and outlined in the City Commission documents. At its meeting of November 14, 2012, the Site Plan Review and Appearance Board (SPRAB) recommended unanimously in favor of the request. Staff recommends approval at this time. Gary Eliopoulos, Architect of GE Architecture, 205 George Bush Boulevard, Delray Beach, FL 33483, thanked the Commission for reconsidering this 8 02/19/13 and stated the distance that they are talking about on the 28 feet 9 inches is actually not where the parking is but is actually where the entrance is to the parking stalls to the south. Mr. Eliopoulos gave a brief PowerPoint presentation. Mayor Carney stated if anyone from the public would like to speak in favor or in opposition, to please come forward at this time. Pauline Moody, 609 S.W. 8th Avenue, Delray Beach, FL 33444, supports this project but asked if the Palm Trees have to block the building. There being no one else from the public who wished to address the Commission regarding the reconsideration of the waiver request for Lintco Development, the public hearing was closed. There was no rebuttal. Mr. Frankel thanked Mr. Eliopoulos for his presentation. Mrs. Gray commented about the traffic. Ms. Morrison stated the concerns of the Commission are not addressed in the LDRs because it concerns foot traffic, schools, children and the fact that this is a back entry and inquired if the trucks are coming in this entrance they will probably be going out this exit. Mr. Eliopoulos stated this is possible. Ms. Morrison expressed concern over that corner especially when trucks have to pull out into a lane of southbound traffic. Ms. Morrison stated all the trucks would probably want to turn this way to get back to Linton and I -95 and does not believe they will want to go up S.W. 4th Avenue the other way. Mr. Eliopoulos stated he believes they would want to get back to I -95. Ms. Morrison stated in actuality in the operation of a shopping center she asked if these remote areas would normally be for staff parking leaving the front parking for the customers of the shopping center. Mr. Eliopoulos explained that there is a restaurant that is proposed and they feel that will be servicing the restaurant and there is some parking in another area and remote areas that is going to be for staff. Ms. Morrison stated the shopping center is very well designed; however, she expressed concern over the traffic coming in and out and requested that the traffic coming out would only be able to turn and go south. Mr. Jacquet stated the school is within 1,600 feet of the proposed project and he sees a lot of kids walking down that sidewalk or riding their bicycles down the sidewalk. He commented about the horrible news yesterday at 4:00 p.m. a two year old was run over by a pickup truck on N.W. 7th (which is not a high traffic area) and the child passed away. Mr. Jacquet stated many children live in that area and immediately northeast of this site and the truck traffic behind the building is adjacent to those apartments. He stated Mr. Eliopoulos has done an excellent job with the design of the project and the presentation. Mr. Jacquet stated he does not want this to bean issue in the future with all the cars coming in and out and cars turning in and out with the children 9 02/19/13 walking and riding their bikes and for the City to say it is an isolated incident. Mr. Jacquet stated low- income families live immediately adjacent (north) to this site and elementary age school children walk and ride their bikes on that sidewalk every day on the same side of the street as this development. Mayor Carney stated turning in from S.W. 4m Avenue on the northern most portion of the property and commented that there is not a problem going in but just a problem coming out. Mr. Eliopoulos stated for clarification the buildings that faced Tropic Isle were 10 feet off the property line and they area a minimum of 40 feet; the apartments to the north are another 50 feet. Mr. Eliopoulos stated they are over 150 feet in some areas and they also exceed all the parking. Mayor Carney stated backing up onto 4m is less likely because if they can come in without a problem the congestion will be interior to the project. Mrs. Gray stated S.W. 4m Avenue is very congested and asked why there are not two entrances and exits on Linton Boulevard versus S.W. 4m Avenue. Mr. Eliopoulos stated they cannot do this because Linton Boulevard is an FDOT road. Ms. Morrison stated she would like to add a motion to approve the waiver request with the condition that outbound traffic can only go south. The City Attorney stated the applicant does not agree with that condition. Ms. Morrison stated for clarification the applicant has plenty of parking spaces. Mr. Eliopoulos stated he has 57 parking spaces over what is required. 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 denying the waiver request, seconded by Ms. Morrison. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor Carney — No; Ms. Morrison — Yes; Mr. Jacquet — Yes; Mr. Frankel — No. Said motion denying the waiver request was approved with a 3 to 2 vote, Mayor Carney and Commissioner Frankel dissenting. At this point, the time being 7:20 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. 11. PUBLIC HEARINGS: II.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(J)(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 10 02/19/13 hearing will be held on March 5, 2013. The caption of Ordinance No. 05 -13 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.3.4(J), "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. (The official copy of Ordinance No. 05 -13 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling, AICP, Director of Planning and Zoning, stated this is a privately initiated amendment that will add the Delray Medical Center campus to the list of areas eligible to request an increase in maximum allowed height up to 60 feet. Mr. Dorling stated the tower will add 140 private patient rooms and although it will not increase the 280 bed capacity of the facility but it will be to transition from semi - private to private rooms. The request has two primary reasons; first they are land locked and require additional land and secondly due to the building code ventilation and structural requirements "Hospitals" have a significantly greater floor to floor ratio and there is a significant space between 6 and 8 feet between the floors to allow for easy access for ventilation and other apparatus necessary for the hospital. At its meeting of January 29, 2013, the Planning and Zoning Board recommended approval. Staff recommends approval. Mayor Carney declared the public hearing open. Colleen Walters. Urban Design Kildav Studios. 477 S. Rosemary Avenue #225, West Palm Beach, FL 33401, speaking on behalf of Delray Medical Center, stated it became apparent during the planning that the 48 foot height limitation in the CF district was not going to allow for the expansion that was needed in the height of the building so they can convert to private rooms and also meet their trauma facility. 11 02/19/13 There being no one else from the public who wished to address the Commission regarding Ordinance No. 05 -13, the public hearing was closed. Ms. Morrison moved to adopt Ordinance No. 05 -13 on First Reading/First Public Hearing, seconded by Mr. Frankel. 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. 1LB. 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. The caption of Ordinance No. 02 -13 is as follows: 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. (The official copy of Ordinance No. 02 -13 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance and stated it makes the City ordinances in compliance with the ADA to allow service dogs to be in public buildings and places of business. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Carney declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 02 -13, the public hearing was closed. Mr. Jacquet moved to adopt Ordinance No. 02 -13 on Second and FINAL Reading, seconded by Ms. Morrison. Upon roll call the Commission voted as follows: Ms. Morrison — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Carney — Yes. Said motion passed with a 5 to 0 vote. 12 02/19/13 11.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 4.5.1(I)(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. The caption of Ordinance No. 04 -13 is as follows: 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 (I), "LOCAL REGISTER OF HISTORIC PLACES" TO REVISE THE LEGAL DESCRIPTION, PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 04 -13 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling, AICP, Director of Planning and Zoning, stated this ordinance amends the legal description for the Fontaine Fox House historic designation, changes the site name, and amends the legal description and the development restrictions of the site set forth in Ordinance No. 43 -11. Mr. Dorling stated these ordinances stipulated that there was allowed to have one ocean front lot and two additional lots for a total of three dwelling units on the entire site. He stated this will allow the development of an additional unit on the property and it is necessitated by a proposed Ocean Apple Estates Plat which subdivides Lot 2 into two conforming lots along North Ocean Boulevard. At its meeting of January 16, 2013, and a recommendation of approval was made with a 6 to 0 vote. The City Commission considered this ordinance for first reading on February 5, 2013 and recommended approval. Staff recommends approval. 13 02/19/13 Mayor Carney declared the public hearing open. Francisco Perez -Azua, 55 S.E. 2nd Avenue, Delray Beach, FL 33444, agent of the property owner, briefly spoke about the project. There being no one else from the public who wished to address the Commission regarding Ordinance No. 04 -13, the public hearing was closed. Mr. Frankel moved to adopt Ordinance No. 04 -13 on Second and FINAL Reading, 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. 11.C.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. Mr. Frankel moved to approve the Final Subdivision Plat for Ocean Apple Estates Plat, seconded by Mr. Jacquet. 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. 1LD. 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. office.) The caption of Resolution No. 12 -13 is as follows: 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. (The official copy of Resolution No. 12 -13 is on file in the City Clerk's 14 02/19/13 A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Lula Butler, Director of Community Improvement, stated this item is a request for the Commission to approve the sale of one of their Neighborhood Stabilization properties located at 703 Place Chateau in Delray Beach to Mr. Dumy Janvier for the purchase price $124,101.00. Mrs. Butler stated staff recommends the sale of this property as presented. Mayor Carney declared the public hearing open. There being no one else from the public who wished to address the Commission regarding Resolution No. 12 -13, the public hearing was closed. Mr. Jacquet moved to approve Resolution No. 12 -13, 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 time being 7:34 p.m., the Commission moved to Item 12, First Readings. 12. FIRST READINGS: 12.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 Register of Historic Places. If passed, a public hearing will be held on March 5, 2013. office.) The caption of Ordinance No. 03 -13 is as follows: 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. (The official copy of Ordinance No. 03 -13 is on file in the City Clerk's The City Attorney read the caption of the ordinance. 15 02/19/13 Paul Dorling, AICP, Director of Planning and Zoning, stated this item is a request for approval of an individually designated property located at 170 Marine Way to be designated as the Marina House for listing on the local register of historic places. Mr. Dorling stated this is a 1939 two -story A -frame vernacular style house which was relocated to the subject property from 806 N.E. 2nd Street. The requirements to list on the local register must fulfill one of the LDR Section 4.5.1(B) criteria and it does meet (B)(3) of that LDR requirement. At its meeting of February 6, 2013, the Historic Preservation Board unanimously recommended approval. Staff recommends approval. Mr. Jacquet stated this is a beautiful piece of property and applauds the buyer for the work they are doing with it. Mr. Jacquet moved to approve Ordinance No. 03 -13 on FIRST Reading, seconded by Ms. Morrison. 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. 12.B. ORDINANCE NO. 06 -13: Consider approval of a city- 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. The caption of Ordinance No. 06 -13 is as follows: 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. 16 02/19/13 (The official copy of Ordinance No. 06 -13 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance and Commission gave staff direction in their Workshop meeting that in order to modify part of the language that staff proposed with regard to the time limits staff has done that where basically the time will be an unreasonable criteria that the Police officers or the Code Enforcement officers will use from 11:00 p.m. — 7:00 a.m. during the weekday. The City Attorney stated on Friday and Saturday nights the time will go from 1:00 a.m. to 7:00 a.m. He stated during those times when the unreasonable standard is not used it is a 100 foot distance requirement where it is a plainly audible standard which means if the officer can hear the words of the music then that would be prima facie evidence of a violation and they would be subject to the violation. The City Attorney stated staff has also clarified certain distance requirements as far as the 800 foot distance requirement and noted it would be taken from the edge of the property line. The City Attorney stated staff listed in the memo certain criteria that they would be using for an unreasonable standard and there are nine (9) factors that the City would train the Police Officers and Code Enforcement Officers to use in determining whether the noise is unreasonable or not. Staff has also tried to clarify the penalty language to provide that under when the City gives civil citations the maximum that it can be is $500 and if the City goes through the Code Enforcement Board process that is when the greater penalties can be incurred; however, before there is a step up in the penalty, there would have to be a finding from the Code Enforcement Board that there was guilt. The City Attorney stated staff has also modified the Temporary Permit section to provide that there can be a temporary permit on this granted by the City Manager for special events or grand openings. Mr. Frankel stated the nine (9) factors are very helpful but he asked about holidays. The City Attorney stated if the Commission would like to address that they can give him direction to do so. Mr. Jacquet asked if the Commission is going to consider the holidays more for the time factor as far as being 11:00 p.m. or 1:00 a.m. or are we going to consider holidays for the unreasonableness of the noise factor. Mr. Jacquet asked if the reasonable standard already encompasses the holidays. The City Attorney stated he does not believe it would because there may be other holidays that we are not aware of, however, it may be celebrated by other communities or in other countries and they might be loud, however, it is not something staff would consider. Therefore, the City Attorney stated particularly New Year's Eve and the 4th of July most of the other holidays we celebrate the weekend before or whenever that would be covered under the expanded timeframes if that is what Commission approves. The City Attorney stated there is a noise waiver granted for the promoter of those or for certain events but he is not sure that would cover everything. Mr. Jacquet stated if the Commission did add holidays would they be specific as to which holidays or only federally recognized holidays. The City Attorney stated from an enforcement standpoint he asked the Commission to be specific in their direction and if it is not on the weekend then these particular holidays are the ones where the Commission can use the 1:00 a.m. or whatever timeframe they wish. The City Attorney stated the two holidays that fall under this would be New Year's Eve and 17 02/19/13 4th of July Mrs. Gray stated today she received emails and telephone calls from some residents that said that they did not have the opportunity to speak on this item and asked the rest of the Commission if they would allow these few individuals to speak. At this point, the Commission concurred to allow the following individuals to come forward to speak. Kevin Rouse, Kevro's Art Bar, 166 SE 2nd Ave, Delray Beach, FL 33444, supports the ordinance and stated in the long run he feels everyone will find out that this was a milestone for the growth of the community in the future. Gail Lee - McDermott, 721 S.E. Yd Avenue, Delray Beach, FL 33483 (Osceola Park), stated this is not a noise ordinance but this is a music ordinance directed at the Central Business District (CBD). She urged the Commission to table this ordinance and stated restaurateurs have met to discuss it, residents have complained to each other and possibly at some neighborhood meetings but the groups have not met with each other so everyone can come to a compromise. Andy Katz, speaking on behalf of the Beach Property Owners' Association, stated there are objective ways of trying to enforce reasonable limits. Mr. Katz stated at the Workshop meeting last week the guidance was to take it from 11:00 a.m. to 1:00 a.m. on Fridays and Saturdays. He stated it becomes problematic in those areas (residential) that have been around for a long time. Eugenia DePonte, 24 Marine Way, Delray Beach, FL 33483, urged the Commission to table this proposed noise ordinance because she feels the residents have not had enough input into it. Ms. DePonte stated she lives approximately 30 -40 feet from Deck 84 and this ordinance will allow them to play music unrestrained up to 11:00 p.m. on weekdays and 1:00 a.m. on weekends and this will be in her front yard. Evelyn Dobson, 130 N.W. Yd Avenue, Delray Beach, FL 33444, stated with regard to the noise it is not just limited to the beach and the downtown area but is also in the neighborhoods west of Swinton Avenue. Ms. Dobson stated she has had to endure a gospel band next door to her home for more than two years. She stated she has called the Delray Beach Police Department but because of decibels that Mr. Katz was speaking of she was told that she would have to live with it. Ms. Dobson stated this is a residential neighborhood and she did not buy into that when she purchased her home. She stated on the weekends she wants to be able to sleep and does not want to wake up to a gospel band at 8:00 a.m. until 6:00 p.m. and 2 -3 times during the week. Ms. Dobson urged the Commission to take a closer look at the noise ordinance and make sure that it is inclusive and considerate of residential areas. Carolyn Patton, 1020 Tamarind Road, Delray Beach, FL 33483, stated she owns a historic house in the Marina Historic District (65 Palm Square) and the lot next to it. Ms. Patton stated she feels Delray Beach is a very well -run city; however, she stated in this period where we are transitioning between City Managers there have been 18 02/19/13 some things happening that she is very concerned about and this ordinance is one of them. She stated there are thousands of individuals and families that are affected by this that live in residential areas that are close to these restaurants and none of these were involved in the process to try to develop a new ordinance. Ms. Patton urged the Commission to table this ordinance and form a committee of residents, restaurant owners preferably those who have not been cited in the past for noise violations and police to come up with a better ordinance. Joann Peart, 107 N.W. 9th Street, Delray Beach, FL 33444, stated she lives in Lake Ida and noted that when City Limits had their band playing you could not leave your windows open at night if you wanted to sleep depending on which direction the wind is blowing. Speaking on behalf of the Historic Preservation Trust, Mrs. Peart stated she is concerned because the West Settlers District, the Old School Square Historic District, the Marina Historic District are very close to these areas. She stated if someone is trying to sell their property and someone listens to all that noise in addition to the parking problems that could make property less desirable and hurt property values. Ms. Peart stated at the last meeting that led to this ordinance there was only one resident there and the rest were restaurant people. Ms. Peart concurs with comments expressed by Mrs. Patton and urged the Commission to table the ordinance as well. Dr. Victor Kirson, D.D.S., 2050 Alta Meadows Lane #2110, Delray Beach, FL 33444 (President of the Board of Directors of Tierra Verde at Delray Beach and Member of the Alliance), stated this is an amendment to a past ordinance and the Commission went through all the procedures. Dr. Kirson stated he supports the ordinance with the additional holidays. He stated this is first reading and the correct procedure is to go to second reading and for people to speak then. Mayor Carney stated the local rules provide that by the will of the Commission they can allow anyone to speak at any time on any matter. There being no one else from the public who wished to address the Commission regarding Ordinance No. 6 -13, the public hearing was closed. Mayor Carney stated when the Commission first discussed this ordinance several months ago they gave direction that all the stakeholders (i.e. citizens, restaurants, etc.) meet and hash it all out and come up with a fair solution. Mr. Jacquet moved to table Ordinance No. 06 -13, 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 — Yes. Said motion passed with a 4 to 1 vote, Commissioner Frankel dissenting. At this point, the time being 8:10 p.m., the Commission moved back to Item 10.11. of the Regular Agenda. 10.B. CONDITIONAL USE REQUESTBEACHWAY MOTEL: Consider a conditional use request associated with partial demolition and expansion of the 19 02/19/13 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 alleyway improvements for Beachway Motel located at 655 George Bush Boulevard. (Quasi - Judicial Hearing) 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, entered the Planning and Zoning Department project #2012 -278. Mr. Dorling stated this is a conditional use request to allow the partial demolition and expansion of the 1,960 square foot 7 room motel located on 8m Street. The demolition will involve demolishing three existing rooms totaling 840 square feet and construction of a 2,930 square foot building addition to accommodate an additional nine (9) rooms for a total of thirteen (13) rooms. Mr. Dorling stated it will also include a new 138 square foot manager's office and ten (10) new on -site parking spaces. He stated if approved a site plan submittal would follow. At its meeting of January 29, 2013, the Planning and Zoning Board made a recommendation to the City Commission with a 5 to 2 vote to deny the request. This denial was based on concerns that related to existing Code Enforcement violations and liens on the property, as well as, potential long -term use of this facility as residential long -term versus a motel use. Mr. Dorling stated the Planning and Zoning Board offered several comments on trying to address that issue; the Board discussed a maximum stay for motel guests between 7 and 30 days and they also indicated that before any building permit for the motel expansion all the code enforcement liens and fines should be paid and that should be a condition of approval. Mr. Dorling stated the Board talked about adding language restricting the use to a short-term stay for a motel and restricting units from having 220 outlets in existing and proposed rooms that would limit the ability to provide larger appliances which are predominantly used for longer term stays. He stated there are kitchen facilities in the existing sets of rooms and the applicant has indicated that they will be removing those large refrigerators and those stove units making it more like a motel short-term stay rather than a residential stay. Mr. Dorling commented about condition #4 which talks about the provision of full size stoves and refrigerators being prohibited and the need to remove those in not only the ones being demolished but the other four remaining would also need those removed. Staff recommends approval at this time. George Brewer, Architect /Agent, stated this project has gone through numerous ownerships and none of the owners have ever been able to do anything with the project and no one has ever made any attempt to make any improvements to the property. Mr. Brewer displayed some street frontage renderings and briefly explained the proj ect. 20 02/19/13 Mayor Carney stated if anyone from the public would like to speak in favor or in opposition of the conditional use, to please come forward at this time. There being no one else from the public who wished to address the Commission regarding the conditional use request, the public hearing was closed. Mr. Jacquet asked what the reason was for SPRAB denying this. Mr. Dorling stated there are some outstanding code violations and liens on the property and the property owner at that time (which was a different property owner) was not giving the straight answers that they felt they deserved. Secondly, Mr. Dorling stated there was a large concern that this would operate as something other than a motel. Mrs. Gray asked what the rate will be per night. Mr. Brewer stated they worked out $85.00 a night. Mr. Brewer stated the new owner has taken the initiative to hire a contract and apply for a permit; the previous owner lived in Fort Lauderdale and did whatever he wanted to do. Mr. Jacquet asked how long the new owner has owned it. In response, Mr. Brewer stated the new owner has owned it since Friday. Mr. Brewer stated the appliances have been in the original motel since the 1950's. Mrs. Gray asked if staff is comfortable that this will not turn into anything other than a motel. Mr. Dorling stated he is comfortable that the conditions that staff has placed on them would push them in that direction. He stated staff has done everything they can within the law to promote what they expect it to be. Ms. Morrison stated the last time she was by this property the fence was still up and that is an act of code violation. Mr. Dorling stated the fence was installed without permits. Mr. Brewer stated their intentions are to completely renovate this property and landscape it. Brief discussion ensued between the City Attorney, the Commission and staff regarding the ownership, liens, and code violations. Mr. Brewer read a letter into the record from the Code Enforcement Board stating that the case is in compliance; however, the lien for the amount of $4,500 is still active. 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 conditional use request, 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 21 02/19/13 — Yes. Said motion passed with a 5 to 0 vote. 10.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) Mayor Carney asked the Commission to disclose their ex parte communications. Mr. Frankel stated he had some written emails and a letter that was provided; however, he did not have any oral communications. Mrs. Gray stated she received no oral communications. Ms. Morrison stated she has received communication she knows the owners and has spoken to them. Mr. Jacquet stated he did not speak to anyone and he received a letter at the dais. Mayor Carney stated this item has additional materials for the Commission on the dais. Paul Dorling, AICP, Director of Planning and Zoning, entered the Planning and Zoning project file #2013 -067 into the record. Mr. Dorling stated this is a conditional use request for Tim Finnegan's Irish Pub and Restaurant located at 2885 South Federal Highway. Mr. Dorling stated this is a request to establish a 24 -hour late night business. The current bar and restaurant is open until midnight and they would like to extend those hours until 2:00 a.m. He stated it is located on the east side of South Federal Highway south of Avenue "H" and is zoned PC located within 265 feet and 328 feet from residential. The applicant has gone through the re- process and has agreed to do several things including upgrade the landscaping which will provide additional protection to the residential properties to the east. Mr. Dorling stated this includes new hedging, and new canopy trees to provide some visual buffering and it will also be buffered by the existing buildings that are on site. He stated there are no security concerns and this has been reviewed by the Delray Beach Police Department and there is no history of any incidences requiring law enforcement actions, the parking lot associated with it is well lit, and the sight is in general good condition other than some landscape improvements. At its meeting of January 29, 2013, the Planning and Zoning Board recommended approval with a 5 to 1 vote adopting the findings of fact in the staff report subject to conditions #1 -9 contained on page 10 of the staff report. Staff recommends approval. Debra Turner, Agent for the applicant Lisa Walsh, stated they are in agreement with all the conditions of approval set forth by staff and the Planning and Zoning Board. Mayor Carney stated if anyone from the public would like to speak in favor or in opposition of the conditional use request, to please come forward at this time. There being no one from the public who wished to address the Commission regarding the 22 02/19/13 conditional use request, the public hearing was closed. There was no cross - examination or rebuttal. Mr. Jacquet stated considering the City has been dealing with the noise ordinances and the fact that this is near a residential area he is not in full support of this. Mr. Jacquet stated he does not have a problem with the band playing until 12:00 a.m. as they are currently doing but he does not want to extend the time to 2:00 a.m. when the Commission just voted to table the noise ordinance to allow the community to meet with their businesses and determine what is a common ground He feels it would not be forward thinking to grant the conditional use at this time and therefore is in opposition of the request at this time. Ms. Morrison stated she attended the Planning and Zoning Board meeting when this was heard and as part of the approval process the Board had to agree to several conditions such as up the landscaping, to have security cameras, etc., stop serving alcohol at 2:00 p.m., stop live music at 12:00 midnight, no music nor outdoor speakers outside the building. Ms. Morrison stated this applicant has met all the conditions and has stepped up to the table to what the City and the Planning and Zoning Board was recommending and supports moving forward. Mr. Frankel stated he has no objection. Mrs. Gray stated she supports this because with this particular location it is actually closer to Federal Highway than they are to the residents and the fact that they are going to stop with their live music at 12:00 midnight. Mayor Carney stated he supports the conditional use request. He stated the live music after 12:00 midnight has been addressed, there will be no outdoor speakers, and the applicant has met the lighting requirement and they have the additional security measures that they have agreed to. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mr. Frankel moved to adopt the Board Order approving the conditional use subject to the conditions listed on Exhibit "A ", 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.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 or glass surface area, landscaping and the percentage of commercial 23 02/19/13 window display on the ground floor for SOFA Building #1, located on the east side of S.E. 3rd Avenue, between S.E. 1st Street and S.E. 2nd Street. (Quasi - Judicial Hearing) Mayor Carney asked the Commission to disclose their ex parte communications. Mr. Frankel stated he received a telephone call from Mr. Handler and a text message from Mr. Mann. Mrs. Gray stated she received a telephone call from Mr. Handler today. Ms. Morrison stated she spoke with Mr. Henry Handler today. Mr. Jacquet stated he spoke to Mr. Henry Handler. Mayor Carney stated he received a telephone call from Henry Handler and apologized for not calling him back. At 8:57 p.m., Mayor Carney passed the gavel to Vice Mayor Frankel and left the dais. Mr. Dorling entered the Planning and Zoning Department project file #2013 -002 and project file #2013 -004 into the record. Mr. Dorling stated this item has six (6) waivers in association with a Class V site plan approval for SOFA Building #1 located north of S.E. 2nd Street east of the FEC Railroad. He stated the development proposal includes a ground level garage and several levels of residential development above it. Mr. Dorling stated briefly reviewed the six (6) sections of the LDRs that the applicant has requested waivers for. He stated staff recommends approval of five (5) of the waivers made in the staff report pursuant to LDR Section 2.4.7(B)(5) and noted that both the applicant's rationale and the staff's analysis which support those waivers. Mr. Dorling stated staff does not support a waiver to #3 which relates to the sidewalk widths; they are required to be 8 feet in the CBD and they are proposing 5 feet. Mr. Dorling stated the request is for 5 feet and feels that it needs to be amended because they are actually showing a 6 foot sidewalk along S.E. 3rd Avenue and believes staff would support the reduction from 8 feet to 6 feet. The requests on the other two streets are to 5 feet from the 8 feet and staff does not believe that is supportable. Mr. Dorling stated there are some opportunities to widen those sidewalks which are critical in this area and thus serve as a conduit between the neighborhood to the south and the business district to the north. He reiterated that staff supports five (5) of those waivers and believe that there is some ability to accommodate some additional accommodation on the sidewalk waivers. At its meeting of December 19, 2012, those six (6) waivers were recommended for approval with a 6 to 0 vote. Henry Handler, Weiss, Handler & Cornwell, P.A., 2255 Glades Road #218A,Boca Raton, FL 33431, speaking on behalf of the applicant, requested that there be one presentation of both SOFA Buildings together. It was the consensus of the Commission to allow the presentation to be on both SOFA Buildings and they understand that there will be a separate vote needed. 24 02/19/13 Mr. Dorling entered the Planning and Zoning Department project file #2013 -002 into the record. Mr. Dorling stated this is for SOFA Building #2 and briefly reviewed the request for four (4) waivers to this building. Staff recommends approval based on positive findings with respect to LDR Section 2.4.7(B)(5) for SOFA Building #2. Mayor Carney asked the Commission to disclose any ex parte communications on the second item. The Commission stated their ex parte communications are the same for both. Mr. Handler stated in looking at the staff report and from discussion at the meeting they thought that there was a fifth waiver with regard to SOFA Building #2 under LDR Section 4.6.16(H)(3)(d), the minimum five foot (5') landscape buffer they are asking that it be reduced to 3.8. Mr. Handler stated it was contained in the staff report recommending approval and they thought there was a unanimous vote in favor with respect to that waiver. Mr. Handler stated on behalf of the applicant they are here on the limited application for approval of waivers. He stated they believe with regard to all of the waivers satisfy the requirements of LDR Section 2.4.7(B)(5). Mr. Handler stated they also believe that the unique design and the location of these buildings are a perfect complement for the area. Richard Jones, Richard Jones Architecture, thanked Mr. Handler and the Commission for this opportunity. Mr. Jones stated they are willing to provide the six (6) foot sidewalks on the major elevation and on S.E. 1st Street. Mr. Dorling stated he is happy to hear the commitment to do the six (6) foot sidewalk on S.E. 1st Street and noted the applicant has worked diligently to provide the six (6) foot along the full length of the property. 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. Gail Lee McDermott, 721 S.E. 3rd Avenue, Delray Beach, FL 33483 (Osceola Park resident), stated she has no concerns with the waivers requested and the sidewalks are for residents. Ms. McDermott stated as a perspective neighbor to these buildings she wants to drive north from her house to Atlantic Avenue to see these 4 -story buildings and urged the Commission to approve this project so that the Related Group can get their permits and put shovels to the ground. James Quillian, 925 S.E. 2"d Avenue, Delray Beach, FL 33483 (Osceola Park resident), stated he concurs with comments expressed by Ms. McDermott. Lisa Quillian, 925 S.E. 2 "d Avenue, Delray Beach, FL 33483 (Osceola Park resident), stated the reason the CBD district is requesting 8 foot sidewalks is 25 02/19/13 because this is a high pedestrian area. Mrs. Quillian stated they do not expect them to be even with these buildings there. She urged the Commission to move forward with this proj ect. Kevin Homer, 319 S.E. Yd Avenue, Delray Beach, FL 33483, concurred with comments expressed by Mr. and Mrs. Quillian and stated it is time to move forward with this project. Dee Dee, 229 S.E. 2 "d Avenue, Delray Beach, FL 33483, urged the Commission to approve this project because she feels it will be very helpful to the community. Albert Jerome, 229 S.E. 2"d Avenue, Delray Beach, FL 33483 (owner of a grocery store), stated this project will create jobs in the community and urged the Commission to approve the project. Dr. Victor Kirson, D.D.S., 2050 Alta Meadows Lane #2110, Delray Beach, FL 33444 (President of the Board of Directors of Tierra Verde at Delray Beach and Member of the Alliance), urged the Commission to support this project and move forward with it. Kevin Rouse. 1002 Lakeshore Drive. Delrav Beach. FL 33444 (Kevro's Art Bar), supports this project and stated this is going to make a big addition of what we need in the community. Mr. Rouse stated this will help develop the Osceola Park as a transition period to actually purchase and there are a lot of opportunities for growth. Jim Knight, 10 S.E. 1st Avenue, Delray Beach, FL 33483, thanked City staff, the Boards, and stated the residents have been a great support. Uri Mann, Related Group, thanked the Commission for the opportunity and stated they are very excited to make this investment in the community. There being no one else from the public who wished to address the Commission, the public hearing was closed. Mr. Jacquet briefly spoke in support of this project. Ms. Morrison inquired about the sidewalks and asked why they cannot do the 8 feet on S.E. 3rd Avenue and whether or not it would take away from the building. Brief discussion between the City Attorney, staff and the Commission followed. After brief discussion, the City Attorney stated the Commission can add the waiver to LDR Section 4.6.16(H)(3)(d) that reduces the required five (5) foot 26 02/19/13 landscape buffer to 3 feet 8 inches at the rear of the property adjacent to the alley. Mr. Dorling stated that was recommended for approval by all Boards and staff also supports this. Mayor Carney stated although the staff report talked about five (5) feet he clarified that with regard to the sidewalks the Commission is talking about six (6) feet and everyone is in agreement with that. Mr. Dorling stated S.E. 3rd Avenue and S.E. 1st Street. 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 approving the waiver requests for SOFA Building #1, seconded by 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.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. 2nd Avenue, 80 feet south of S.E. 1st Street. (Quasi- Judicial Hearing) Mr. Jacquet moved to adopt the Board Order approving the waiver requests for SOFA Building #2, seconded by Mr. Frankel. 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.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. Vin Nolan, Economic Development Director, stated this is a request from Aldridge Connors, LLP, a business law firm, who has reached out to the CRA seeking an incentive under the Job Creation Incentive Program. Mr. Nolan stated Aldridge Connors, LLP is considering a multiple number of opportunities of where they might locate. Mr. Nolan stated he and the City Manager initially had conversations with them to describe the program, its development, how it came to be and what it was intended to do and subsequently sent them the appropriate paperwork to complete and return for analysis. Mr. Nolan stated this is the creation of 250 legal professional jobs located in our innovation corridor along Congress Avenue should they choose to sign the lease. He stated they initially requested consideration under multiple programs. Mr. Nolan stated 27 02/19/13 the guidelines that the Commission created afford the City the opportunity to provide $750 per job to $1,000 per job created and the intention of the CRA's guidelines is that those jobs should be at or above the County median wage which is currently approximately $46,000. Mr. Nolan stated they are hopeful in signing a lease in the March 1st timeframe. Mr. Nolan stated the CRA is requesting direction to let the firm know that it is the City's intent to pursue and develop an agreement that all parties can agree on. Mr. Nolan stated he would then go back and work with Aldridge and the City Manager on the actual terms of the agreement which would be outlining the jobs, the status of the jobs, and how over time they would pay out the incentives. Ms. Morrison asked if they are asking for $250,000 in incentives based on 250 qualifying positions. Mr. Nolan stated this is up to $250,000 and it is Commission discretion as to what they would do; the guidelines that they established had broad and flexible parameters so that the Commission could conclude at that point in time whether or not the jobs being created were of high value or high desirability. Ms. Morrison inquired about the term of the lease. Mr. Nolan stated they are looking at an 11 year lease and noted that the CRA would probably stay within their 5 year term but if they want to do longer for their own safety and security that they would be interested in having that. Mr. Nolan explained that Aldridge Connors, LLP is a business law firm that is involved in real estate transactional litigation related to foreclosures dealing with banks and lending institutions. He stated this is half of their operation and the other half of their operation is in Atlanta, Georgia and there is a possibility of some pieces of that entity coming here as well. Mr. Nolan stated there are about 180 in Boca and they intend to grow to 250. Mr. Frankel confirmed with Mr. Nolan that their intention is to move their operation from Boca to Delray Beach. Mrs. Gray stated the City has been waiting for good paying jobs and supports the program but asked how will we track and maintain the jobs that are required. Mr. Nolan stated they are in the process of acquiring some new software that they will be utilizing for the soon to be launched micro lending program but it actually does all the job creation incentive things as well. Mr. Nolan stated they have a software system that will allow them to track back on a recurring basis to ensure the jobs are maintained. Mayor Carney stated he had the opportunity to discuss this with Mr. Nolan and they wanted to make sure that if they came into the City and the City was investing in them to do that if they did leave early we would have a mechanism to get back. Mayor Carney stated there will be some local hires out of this which is really what the City is trying to achieve as part of the overall economic development strategy. Mr. Frankel moved to approve the Job Creation Incentive Application for Aldridge Connors, LLP, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Ms. Morrison — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Carney — Yes. Said motion was passed with a 5 to 0 vote. 28 02/19/13 10.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. Linda Karch, Director of Parks and Recreation, stated this item is for City Commission approval to accept Palm Beach County Sports Commission recommendation to contract the services of the 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. Mrs. Karch stated the Florida Sports Foundation will preside over a '/2 day sports destination workshop to assess the City of Delray Beach's current sports venues and position as a sports destination, to discuss which events would be most suitable for Delray Beach to host, and what economic impact may be realized. In addition, Mrs. Karch stated there will also be discussion on how all local sports organizations and entities in the city can work together to achieve the common goal. Staff recommends Friday, April 12, 2013 for this '/2 day Workshop and the City would only have to reimburse the presenter for his hotel stay and meals. Ms. Morrison inquired about the cost. Mrs. Karch stated the City would pay the hotel and meals for one staff person from that group to attend. Ms. Morrison asked who would be invited to attend. Mrs. Karch stated the Commission, the Sports Commission, the CRA, Delray Beach Marketing Cooperative, local sports organizations, ELEV8, Delray Beach Athletic Club, and the tennis people. Mrs. Gray asked if the City is actually responsible for the hotel and meals. Mrs. Karch stated she spoke with George Linley with the Palm Beach County Sports Commission to get clarification and he indicated it would be just for the hotel and meals because he is driving and did not mention anything for gas. Mrs. Gray supports holding this Workshop on Friday, April 12, 2013 and that all of the stakeholders are included. It was the consensus of the Commission to support this '/2 day workshop and that the City will pay for the presenter's hotel and meals. 10.H. REVISED AGREEMENT /CHRIS EVERT CHARITIES, INC.: Consider approval of a revised Agreement with Chris Evert Charities, Inc. for the Annual Chris Evert Pro - Celebrity Tennis Classic. Robert A. Barcinski, Assistant City Manager, stated this is a request for the Commission to consider for approval of a revised five (5) year agreement for the Chris Evert Pro - Celebrity Tennis Classic. Mr. Barcinski stated after the last meeting the City received a letter from Tami Starr, Director of the Charities event indicating that they needed to know by March 15th whether they had an agreement with the City or not so they can plan accordingly and they also agreed to the opt -out clause based on the City Commission's discretion after three (3) years which the City Attorney revised the agreement to reflect that. 29 02/19/13 Mrs. Gray stated if the City decides to move forward with this contract for the next five (5) years which she feels is a great event and they do a wonderful job with the youth and giving out dollars. She stated her issue last time was because we did have the Sports Commission coming and she wanted to bring all the stakeholders together and she did not want to give just one group the opportunity to move forward when the Commission had just denied another group a couple of months ago. Mrs. Gray asked if an investor decides to give the City dollars within the next two (2) years to rebuild the tennis stadium can the City opt out. Mr. Barcinski stated the City had a verbal from the Chris Evert Charities that they can write that provision in along wi th the three (3) years that if the City gets into construction before the three (3) years the City can still opt out with a nine (9) months' notice. Mr. Frankel stated he does not feel you can be considered a sports destination by not having sports events and he considers the Chris Evert Pro - Celebrity Tennis Classic an amazing event but applauds them for what they do for our local charities. Ms. Morrison moved to approve the revised agreement with Chris Evert Charities, Inc. for the Annual Chris Evert Pro - Celebrity Tennis Classic and that it include the language as stated by Mr. Barcinski, seconded by Mr. Jacquet. 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. HOST AGREEMENT: USTAXED 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. Robert A. Barcinski, Assistant City Manager, stated this is for consideration of approval of an agreement between the City and the USTA to be the host site for the FED CUP Tie Matches to be held on April 20 -21, 2013 in the United States. Mr. Barcinski stated he met late Friday with a William Sanders from the Seagate and this morning with Jim Graham from the Marriott in regards to the comp rooms. Mr. Barcinski stated the Seagate gave the City a firm commitment of 50 comp rooms and they want to work with the City but their commitment for how many comp rooms will depend on what they work out with USTA in term of how many room nights may be booked. The sanction fees are $150,000 and previously the City had received a commitment from the CRA for $75,000 and $50,000 from the Palm Beach County Sports Commission for a FED CUP Semi - Final. Mr. Barcinski stated the CRA staff brought this up in the comments section last week to their Board and their next meeting on the Consent Agenda to honor the $75,000. He stated in discussions with George Linley he does not feel they will honor the $50,000. Mr. Barcinski stated the USTA wrote a provision to revenue share with the City tickets sales sold over $800,000 to $1.5 million they will give the City 10% of the ticket sales and anything over $1.5 million to $2 million will be 20 %. Mr. Barcinski stated the United States will play Sweden. 30 02/19/13 Ms. Morrison asked if the CRA has committed to the $75,000. Mr. Barcinski stated the CRA has to formally vote at their next meeting. Mr. Barcinski stated the Seagate will provide 50 comp room nights; the Marriott will work with them. He stated the revenue from ticket sales should help offset some of that. Mrs. Gray inquired about the sponsorship because the hotels will make out nicely if the FED CUP comes to Delray Beach. Mr. Barcinski stated the USTA does direct book plus arrangements for their comp nights in negotiations with the hotel the same time they negotiate the room rates for the block of rooms. The City Attorney suggested a few minor amendments to the agreement. Mr. Frankel moved to approve subject to the City Attorney approval, seconded by Mr. Jacquet. 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. 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 of the agenda. The City Attorney stated at the last Workshop meeting the Commission gave staff direction to go ahead and modify the local rules to allow public comment on any item including whether it is agendaed or non - agendaed and that the public comment be right after the proclamation and presentation portion of the agenda and that way if there is any public comment before the Commission approves the agenda and if they want to pull anything off the Consent Agenda they can do that at that time. The City Attorney stated on a Consent Agenda item or a Regular Agenda item where it is not Quasi - Judicial or where it is not under the Public Hearing portion as provided by State Statute the person can speak one time at this time; however, the person would be allowed if they chose to speak once at the very beginning and under the Public Hearing section they would also be allowed to speak for three (3) minutes. Mayor Carney stated he does not want to hear the same story twice on the same issue. The City Attorney stated he can add language that provided that the comments shall not be on a regularly agendaed public hearing or Quasi - Judicial item. Mr. Jacquet stated then on the agendaed items that do allow public comments they can then get up and speak as normal. Mr. Jacquet stated because the Commission is now going to allow more public comments on more items it could be at the Commission's discretion to bring it down to 2' /z minutes. 31 02/19/13 Brief discussion by the Commission ensued regarding whether to allow the maximum time limit to speak to remain at three (3) minutes or lessen it to either 2'/2 minutes or 2 minutes. The City Attorney clarified that the Commission could impose a different standard on a particular night should they chose to. The City Attorney stated he will make these changes and bring back to the next regular City Commission meeting (Consent Agenda) of March 5, 2013. Mr. Smith stated staff will have to get the agenda software re- programmed to reorder that agenda. 10.K PROVIDE DIRECTION REGARDING LIVE & LEARN DELRAY COMMUNITY ENGAGEMENT PROGRAM: Provide direction regarding the newly proposed Live & Learn Delray community engagement program. Richard Reade, Sustainability Officer, stated this is a new program and is an opportunity to create more awareness and opportunities to educate the public, residents and stakeholders on the different tools to engage in the city. He stated instead of asking people to come to City Hall for meetings it is going out to their homeowners meetings, their churches and their civic organizations. Mr. Reade stated this follows a concept that has been highly used in economic development called "economic gardening ". Mr. Reade stated staff has talked to a few homeowners associations about the opportunity to come and speak with them and they would love to have the opportunity to engage the city. He stated if the Commission would like to be represented at those meetings and come out to determine some sort of rotation program so they do not get into any sunshine issues. Mr. Reade stated staff can tie this in with what is already being done in Community Improvement. Mrs. Gray stated she asked if this portion would be tabled from last week and stated it is repetitious of what Jennifer Costello is doing now with some of the meetings that she is having. Mrs. Gray stated she is not in favor of this program and feels we can enhance what we have already or get rid of the program we have already and do this because she does not feel that the city needs both of them. She stated that the Commission is often over scheduled. Mrs. Gray suggested that staff try the Town Hall meetings. Mrs. Gray stated the City's newsletter, new website, and open forum on the web is sufficient. Mr. Jacquet stated he respects Commissioner Gray's opinion. Mr. Jacquet stated he loves this concept and is in full support of the idea because he enjoys going out and engaging with the public whether it is at someone's church or neighborhood association meetings. Ms. Morrison stated she too enjoys engaging with the public and asked who would be handling this. Ms. Morrison stated Mr. Reade has a full plate now and 32 02/19/13 expressed concern over the staff time this would take. In addition, Ms. Morrison concurred with Mrs. Gray that the Commission is often over scheduled. Ms. Morrison stated she agrees with Commissioner Gray that the City needs to hold a couple of Town Hall Meetings and hear from the residents directly on an open forum basis so that everyone can be on the same page. She stated the City's new website is beautiful and suggested that staff focus their energy on keeping the website updated on a daily basis and make it the information center for Delray Beach. Mr. Frankel suggested that Commissioner Jacquet be the liaison to this Board. Mr. Frankel stated the entire Commission reaches out in certain ways. Mayor Carney stated Mr. Reade is often dragged in multiple directions and he does not want Mr. Reade's core functions to suffer. Mayor Carney suggested that it be less formal and more Adhoc so as these things are set that staff can see whether a Commissioner in a rotating system may be able or not be able to go to a particular event. Mayor Carney stated he agrees that the Town Hall meeting is going to be great, that the website is great, that the new communications that staff is trying to reach out to the community is going to be great. He stated this is one more tool; however, he expressed concern that it cannot interfere with everything else that Mr. Reade is doing. Mayor Carney stated he supports this as long as the City Commission is not required to go and as long as Mr. Reade is not committing the time of one of the Commissioners and rather that they can voluntarily accompany him at the time. Mr. Jacquet stated he supports this because it does not make it mandatory. He stated the Commission will not be able to make it all the time but it allows the flexibility that if you can you go if you cannot then you do not go. Mr. Smith stated this burden would not have to be solely placed on Mr. Reade and is something that can be shared amongst staff Mr. Smith stated these can be scheduled over a year's period of time and staff can program it out so that at a pace that is achievable and workable to be able to accomplish what staff is looking to do in trying to become more connected with the community. Mrs. Gray stated in just her community there are 50 churches and asked how would staff determine which churches, organizations and civic groups that the Commission is actually going to see in that period of time. Mr. Smith stated the intent with these meetings is to go to an already established meeting not to create a new meeting. It was the consensus of the Commission to direct staff to give this a try and see how it goes. 10.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. 33 02/19/13 Richard Reade, Sustainability Officer, stated this is an item that was discussed at the Workshop meeting last week and the Commission asked staff to go out and get some prices. Mr. Reade stated staff worked with the City Attorney's office in what they needed to include in a proposal and they called a number of local political strategist firms as well as some around the State and came up with some prices. He stated the intent of this to help identify strategically how staff can market what the ballot initiatives are. Mr. Reade stated the three (3) initiatives are: (1) the economic development initiative, (2) the initiative to change the terms, and (3) the initiative to increase the amount of years and terms for the Mayor, and (4) the voting initiative. Mr. Reade stated staff had discussions with other City Manager's and Assistant City Manager's regarding their ballot initiative and they went through a bond referendum a couple of times and it failed both times significantly. He stated when they had targeted marketing pieces in a concise campaign on what they wanted to do it passed 60 %. Mr. Reade stated staff expressed concern over developing the strategic pieces in making sure that we follow Statute. He stated whatever the City develops has to match all the mailing house issues and that they can be mailed out quickly. Mr. Reade stated the Commission asked staff to look into was working with the League of Women Voter's. He stated the League is still trying to find someone that can do it for the City of Delray Beach. Mr. Reade stated Item #4 which is the all inclusive of doing two mailers, designing the graphics, and doing all the mailing was based on more than 15,000 voters. He stated if the City decides to do any mailings Mr. Reade stated if the City decides to do anything mail wise there is going to be a significant cost if the City goes forward with this type of opportunity. Mr. Jacquet stated we want to make sure that the City puts out objective unbiased information to the voters to let them know what is on the ballot. He stated he voiced concern at the last meeting about the City hiring consultants and paying money to do that. Mr. Jacquet stated he feels this is important but is not certain how much the City should spend on it. Brief discussion between Mr. Reade and Commissioner Jacquet followed. Mr. Reade explained the City will still have a printing cost that is not seen in Box #5. He stated depending on the number of voters that the City actually targets those numbers can go up and down because it is all based on the mailings. Mr. Jacquet asked how objective the mailings will and commented about some mailings that say vote "yes" on this or vote "no" on this and he is not in support of any of that. Mr. Reade stated recently the Legislature passed a Statute that requires that to happen. Mr. Reade stated if the City does this in -house there is a potential concern of it being perceived as a City issue and this is why whatever the City puts out it tries to explain both the positive and the negative. Mr. Reade stated the City is required to do that by Statute and this is one of the reasons staff feels this might be an appropriate to bring someone in to make sure that language is precise. 34 02/19/13 Mary Bradenburg, President of Connection Strategies, stated the cost for developing a mail piece is the same whether mailing out 1 or 10,000; the difference is it cost more print more and to mail more. Ms. Bradenburg stated if mailing a flat piece full color printed on both sides (i.e. oversized postcard) it will cost approximately .85 per piece mail. She feels this Election is going to draw more people because of the Mayoral item on the ballot and because of the referendum items. Ms. Bradenburg stated it all depends on how many voters the City wants to target. She suggested that the City targeting everyone who voted in one of the last two City elections plus all of the absentee voters plus all of the people who have registered to vote since the last election plus last year's primary voters. Ms. Bradenburg stated that number comes to approximately 15,000 and feels that there will be approximately 6,000 in this Election and maybe as many as 9,000. She stated the cost depends on how big a universe the City wants to mail. Ms. Bradenburg stated robo calls are fairly inexpensive; emails take some time to send out. Ms. Bradenburg suggested that if there are two mailing pieces done the first one could be an informational piece plus announce the date of a Town Hall meeting; the second one could reinforce the informational and also serve as a get out to vote piece; and, the City can decide what else they want to do with email and robo calls which are quite inexpensive. Mr. Frankel stated he cannot support $30,000- 40,000 for an election and feels the City will be lucky to have 6,000 voters. Mrs. Gray stated 21 days may not be sufficient time to get everything completed and mailed out. She does not see how everything can get done in a matter of two weeks and measure that is what actually got people out to vote or not. Ms. Bradenburg stated the political mail goes out first class not bulk rate. Mrs. Gray inquired about the Commissioners not taking a position of what they think about a particular issue. The City Attorney clarified that the City cannot spend public funds on advocating one position or the next. Ms. Morrison expressed concern over the timing and concurred with comments expressed by Commissioner Gray. Ms. Morrison stated she supports spending $8,000 -9,000 to professionally wordsmith it upload the webpage, do an email blast and some flyers printed but she reiterated that much more than that there is not enough time. Mayor Carney stated it is important to educate voters and the economic development proposal that the City has to give the City the same tools that the CRA has in order to attract business to Delray is a very valuable ordinance. Mayor Carney stated as it relates to some of these other items the change in term limits will save the City approximately $45,000- $50,000 every third year. Mayor Carney suggested that some of issues can be addressed by tailoring the mailing list. Brief discussion by the Commission followed to budget $10,000. Ms. Brandenburg stated this would get the City one (1) mailer to everyone who voted in one of the last two March elections plus all the absentee voters. Ms. Morrison asked if this 35 02/19/13 would include an email blast. Ms. Brandenburg stated an email blast would cost a little more and noted she has about 12,000 email addresses in the City of Delray Beach. Mr. Reade stated the City of Delray Beach has about 800 email addresses. After brief discussion, it was a consensus of the Commission to budget $10,000 for one (1) mailer to everyone who voted in one of the last two March elections plus all the absentee voters. Ms. Brandenburg stated she could do this for $12,000 for the City with one (1) mailer and one (1) email blast right before the election. The Commission reiterated that they do not want to spend more than $10,000. Mr. Frankel stated he will not support this at all. At this point, the time being 10:50 p.m., Mayor Carney passed the gavel to Vice Mayor Frankel and left the dais. At 10:52 p.m., Mr. Carney returned to the dais. Ms. Morrison moved to approve to authorize staff to not exceed $10,000 to spend on supplemental materials needed to educate the voters. Due to lack of a second, Ms. Morrison withdrew her motion. Ms. Brandenburg stated Connection Strategies would try to include as much as they can for $10,000. Mr. Carney moved to approve to authorize staff to use Connection Strategies for a price not to exceed $10,000 to educate the voters on the various Charter items the City of Delray Beach has facing the voters this session in accordance with what staff perceives the direction to be to send out one (1) mailer and that Connection Strategies develop the language in conjunction with staff, seconded by Mr. Jacquet. Upon roll call the Commission voted as follows: Mrs. Gray — No; Mayor Carney — Yes; Ms. Morrison — Yes; Mr. Jacquet — Yes; Mr. Frankel — No. Said motion passed with a 3 to 2 vote, Commissioner Gray and Commissioner Frankel dissenting. 10.M. JOINT MEETING WITH THE COMMUNITY REDEVELOPMENT AGENCY (CRA) BOARD: Discussion regarding a possible joint meeting with the Community Redevelopment Agency (CRA) Board. Ms. Morrison stated there is a little disharmony between the City Commission and the Community Redevelopment Agency (CRA). The CRA has a lot of control over the downtown and land available. Ms. Morrison stated the Commission sees the need to develop some of the areas downtown and she feels the City could get going in the right direction if the Commission has a joint meeting with the CRA Board. Mr. Jacquet stated he spoke to Jeff Costello and asked him if he would agree to a meeting between the CRA and the City Commission and he stated he thought a 36 02/19/13 joint meeting was a good idea but he would have to talk to the CRA Board. Jeff Costello, Assistant Director of the CRA, gave a few brief comments. Mrs. Gray suggested that the City Commission meet with the CRA Board on a quarterly basis versus once a year. Mrs. Gray moved to approve to continue the City Commission meeting to extend past 11:00 p.m., seconded by Ms. Morrison. 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. Ms. Morrison moved to approve to hold a joint meeting between the City Commission and the Community Redevelopment Agency (CRA) to be held within the next two (2) weeks, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Ms. Morrison — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Carney — Yes; Mr. Jacquet — Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 11:04 p.m., Mr. Jacquet left the dais. At this point, the time being 11:09 p.m., Vice Mayor Frankel left the dais. 10.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). Mayor Carney stated he would like to reappoint Giulia Pace as a regular member to the Green Implementation Advancement Board to serve an unexpired term plus a two (2) year term ending July 31, 2015. Ms. Morrison so moved, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor Carney — Yes; Ms. Morrison — Yes; Mr. Jacquet — Yes. Said motion passed with a 4 to 0 vote. 10.0. 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). Mr. Jacquet moved to reappoint Stephen Lampel (Zone 1) as a regular member to the Neighborhood Advisory Council Board to serve an unexpired term ending 37 02/19/13 July 31, 2014, seconded by Ms. Morrison. 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. Mr. Frankel's appointment will be deferred to the next regular meeting. Mrs. Gray moved to appoint Bonnie Altenhein (Zone 4) as a regular member to the Neighborhood Advisory Council Board to serve an unexpired term ending July 31, 2015, seconded by Mr. Jacquet. 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. Mayor Carney stated he would like to appoint Nancy Richards as an At- Large Representative to serve an unexpired term ending July 31, 2014. Mr. Jacquet so moved, seconded by Mrs. Gray. 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.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). Mayor Carney deferred his appointment to the next regular meeting. At this point, the time being 11:12 p.m., the Commission moved to Item 13, Comments and Inquiries on Non - Agenda Items. 13. COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS. 13.A. City Manager Douglas E. Smith, Interim City Manager, stated the north end Beach Renourishment Project is underway and is scheduled to be completed by the end of the week. 13.11. City Attorney The City Attorney had no comments or inquiries on non - agenda items. 13.C. City Commission 13.C.1. Mr. Jacquet Mr. Jacquet commented that the International Tennis Championships (ITC) is coming up and stated he would like staff to look into the valet parking situation. He stated he would like to know how many different valet companies the City has, why 38 02/19/13 S.E. 2nd Avenue is completely blocked off by valet parkers in the street, and what does the agreement entail that the City entered into with the Delray Beach Library Parking Garage and whether or not the City is renting out to valets. Mr. Jacquet noted that he would like to discuss this at a Workshop meeting versus a Regular meeting. 13.C.2. Ms. Morrison Ms. Morrison stated 2nd Avenue is a big problem with valet parking every night since Gary Rack's opened and noted the street is totally blocked. Secondly, Ms. Morrison suggested that the City hold a Town Hall meeting to discuss the noise ordinance. Lastly, Ms. Morrison stated she is very disappointed that the City is down to 137 sworn officers and Chief Strianese informed her a year ago when she was Chair of the Financial Review Board (FRB) that he is comfortable with between 145 -149 sworn officers. Ms. Morrison stated any assistance staff can provide to help get that done to keep our City safer she would really appreciate it. Mr. Smith stated he has information regarding this that he will forward to the Commission. 13.C.3. Mrs. Gray Mrs. Gray inquired about the meeting with Lyle Sumek this year. Mr. Smith stated Lyle Sumek is scheduled for April 1, 2013 (Mr. Chapman's first day) with Department Heads and he will check on the date on the meeting with the Commission. 13.C.4. Mr. Frankel Mr. Frankel had no comments or inquiries on non - agenda items. 13.C.5. Mayor Carney Mayor Carney had no comments or inquiries on non - agenda items. There being no further business, Mayor Carney declared the meeting adjourned at 11:15 p.m. ATTEST: u: •: City Clerk 39 02/19/13 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 February 19, 2013, which Minutes were formally approved and adopted by the City Commission on City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above. 40 02/19/13 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 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 4t" Avenue. February 19, 2013 City Commission Meeting; Item 1 0.A. Does the waiver request meet all the requirements of 2.4.7(B)(5)? Yes 2 No 3 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 3 in favor and 2 opposed. ATTEST: Chevelle Nubin, City Clerk 2 Thomas F. Carney, Jr., Mayor February 19, 2013 City Commission Meeting; Item 1 0.A. 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? Yes No ✓ 1 February 19, 2013 City Commission Meeting; Item 1 0.B. EXHIBIT "A" Conditions Related to the Conditional Use Request for Beaehway 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. The existing six foot (6) perimeter fence must be removed. It was constructed without a building pernut 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' 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. February 19, 2013 City Commission Meeting; Item 1 0.B. 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? Yes ✓ No d. Consistency : Will the granting of the conditional use be consistent with and further the goals and policies of the Comprehensive Plan? Yes No ✓ II. LDR REQUIREMENTS a. Section 2.4.5( )(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 February 19, 2013 City Commission Meeting; Item 1 0.B. 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 5 in favor and 0 opposed. Thomas F. Carney, Jr., May ATTEST: vJ Chevelle Nubin City Clerk 3 February 19, 2013 City Commission Meeting; Item 1 0.B. 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 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 February 19, 2013 City Commission Meeting; Item 10.C. 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. Concurrent : Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. Concurrency as defined pursuant to Objective B -2 of the Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Are the Concurrency requirements met as respect to water, sewer, drainage, streets and traffic, parks, open space, solid waste and schools? Yes ✓ No d. Consistency : Will the granting of the conditional use be consistent with and further the goals and policies of the Comprehensive Plan? Yes ✓ No II. LDR REQUIREMENTS a. Section 2.4.5(E)(5) requires certain findings: The conditional use will not: 1. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; 2 February 19, 2013 City Commission Meeting; Item 10.C. 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 5 in favor and 0 opposed. ATTEST: Chevelle Nubin City Clerk 3 Thomas F. Carney, Jr., Mayor February 19, 2013 City Commission Meeting; Item 10.C. 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. February 19, 2013 City Commission Meeting; 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 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(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. 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) February 5, 2013 City Commission Meeting; Item 10.D. 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(6), 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, 6' wide sidewalk along SE 1St 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 2 February 5, 2013 City Commission Meeting; Item 10.D. F. Waiver #6 — Minimum 50% Retail /Office Use for Garage Portion of Building: 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(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 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 5 in favor and 0 opposed. Chevelle Nubin, City Clerk 3 Thomas F. Carney, Jr., Mayor February 5, 2013 City Commission Meeting; Item 10.D. 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. L WAIVER: 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. 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 February 19, 2013 City Commission Meeting; Item 1 0.E. 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 Garacle 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(6)(5)? Yes ✓ No E. Waiver #5 — Requires a Minimum Five Foot (51 Landscape Buffer Separating a Parcel Boundary Line and a Vehicular Use Area: LDR Section 4.6.16(H)(3)(d) requires a minimum five foot (5) landscape buffer separating a parcel boundary line and a vehicular use area. The waiver request is to reduce from 5' to 3' -8" the landscape buffer at the rear of the property adjacent to the alley. 2 February 19, 2013 City Commission Meeting; Item 1 0.E. 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 flan. 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 5 in favor and 0 opposed. L, Thomas F. Carney, Jr., Mayor �TTES Chevelle Nubin, City Clerk 3 February 19, 2013 City Commission Meeting; Item 1 0.E. WHEREAS, water is a basic and essential need of every living creature; and WHEREAS, the State of Florida, Water Management Districts and the City of Delray Beach are working together to increase awareness about the importance of water conservation; and WHEREAS, April, typically a dry month when water demands are highest, is annually designated as Water Conservation Month, to educate citizens about how they can help save Florida's precious water resources; and WHEREAS, the City of Delray Beach encourages and supports water conservation, through various educational programs and special events; and WHEREAS, every business, industry, school and citizen can make a difference and help by efficiently using water, thus promoting a healthy economy and community; and 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 month of April 2013 as: WATER CONSERVATION MONTH in Delray Beach, Florida, and call upon each citizen and business to help protect our precious resource by practicing water saving measures and becoming more aware of the need to save water IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 19th day of March, 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 27, 2013 SUBJECT: AGENDA ITEM 7.A. - REGULAR COMMISSION MEETING OF MARCH 19, 2013 RESOLUTION NO. 18 -13 BARBARA FLYNN 35 YEARS ITEM BEFORE COMMISSION Resolution No. 18 -13 honoring Barbara J. Flynn for 35 years of service. BACKGROUND In accordance with the City's service award policy, employees with 35 years of continuous full -time service are to be honored by the City Commission with a resolution and plaque. Barbara J. Flynn, Executive /Techinical Assistant in Finance will achieve this milestone on March 28, 2013. RESOLUTION NO. 18 -13 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING BARBARA J. FLYNN FOR THIRTY -FIVE YEARS OF LOYAL SERVICE TO THE CITY OF DELRAY BEACH. WHEREAS, Barbara J. Flynn was hired by the City of Delray Beach Finance Department on March 28, 1978 and on March 28, 2013 will reach a significant milestone in her career, having achieved thirty -five years of full -time service with the City; and WHEREAS, Barbara started in the Utility Billing Division and was soon promoted to Customer Service Representative; she later transferred to the IT Division as an Office Automation Analyst and subsequently as the Help Desk Administrator. She was then assigned to the Finance Division as an Executive /Technical Assistant where she has since served this community with distinction; and WHEREAS, Barbara has shown herself to be a conscientious, dependable, hard - working employee and has consistently demonstrated her ability to learn, operate and teach new systems during her years in the IT Division; and WHEREAS, Barbara is known for her dedication to self - development and achieved her A+ Certification from Microsoft and has always gone out of her way to determine customer needs and find ways to solve their problems; and WHEREAS, The City of Delray Beach and the Finance Department are honored to have had Barbara Flynn as a valued member of the municipal team. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach hereby recognizes and commends Barbara Flynn for thirty -five years of dedicated and faithful public service. Section 2. That the City Commission hereby congratulates and expresses sincere thanks and appreciation to Barbara Flynn for her many years of service, and wishes her the best of health and happiness in her retirement. ATTEST: PASSED AND ADOPTED in regular session on this the 19th day of March 2013 CITY CLERK MAYOR RETIREMENT AWARD Presented to Barbara J. Flynn As a token of our esteem and gratitude for your 35 years of outstanding contributions and distinguished service to The City of Delray Beach Finance Department March 28, 1978 — March 28, 2013 Barbara will also be presented with a bronze plate which will be attached to the Wall of Honor outside City Hall. IN GRATEFUL RECOGNITION TO Barbara J. Flynn FOR 35 YEARS OF LOYAL SERVICE TO THE CITY OF DELRAY BEACH March 28, 2013 MEMORANDUM TO: Mayor and City Commissioners FROM: Douglas E. Smith, Interim City Manager DATE: March 13, 2013 SUBJECT: AGENDA ITEM 7.B. - REGULAR COMMISSION MEETING OF MARCH 19, 2013 NAKED HAIR SALON SPECIAL RECOGNITION ITEM BEFORE COMMISSION Adam and Janine Schuman will be present to accept a special recognition award for their dedication and service in the community. Oft-ft) WAIlt PROVOCATIVE HAIR #NATURAL BEAUTY SAWN � More? Dear Mr. Frankel, Thank you for taking the time to speak with us last week. It is our great pleasure to share with you all the accomplishments our small business has accomplished here in the City of Delray, the State of Florida, and in conjunction with National Organizations. NAKeD Hair Salon & More! 10 SE 1St Ave Delray Beach, FL 33444 BBB Accredited Business since 02/28/2011 DBPR License # CE9981191 • In 2010 we began our mission to provide a salon, spa and educational center for the community and beauty professional with the help of the CRA. From the inception, we made a commitment to be aware and act responsible in every business decision we needed to make. The salon was built out of recycled materials from other job sites and remnants of hurricane disasters and we replanted trees for the wood that was used for various materials in our tables, doors and hand crafted reception and mixing bar. We rely mostly on natural lighting and use natural gas as our power source. We turn off; turn down and tune in to our own environment and programs in house where we know we can make a difference and have a direct impact on the people and environment we interact with daily. • As members of National Association of Eco- Friendly Salons & Spas. (NAEFSS) since March 2011, we seek guidance and inspiration from their program and use their site to look for eco- friendly resources. At the time we enrolled, we were the only eco- friendly salons in the state of Florida; today, there are two. This organization is part of 1% for the planet that donates a percentage of their sales to a network of environmental organizations worldwide. It was part of the reason we chose this organization to be a member of. Our annual dues are paid forward. • We directly reduce our carbon footprint by participating in a program called Reforest Action, a campaign funded under Plant For The Planet, Billion Tree Campaign. Each of the projects they help develop are implemented by a local NGO chosen and accompanied by experts of the Trees and Life program. NAKeD Hair Salon & More has a lot of their own in Senegal, South Africa Oft-ft) WAIlt PROVOCATIVE HAIR #NATURAL BEAUTY SAWN � More? where we have planted 1310 trees since April 2011. A lot has 1600 trees and once completed it will improve the living conditions for a family of 10. • Most everyone in the salon industry is familiar with the likes of Matter of Trust. This program recycles the hair clippings that are later used to absorb oil from spills. These natural fiber hair booms collects oil and help clean up our waterways. This company that we have been involved with since May 2010 is also focused on Renewable Resources and ways to collaborate resources and ideas. Through this organization we are enrolled in their Excess Access program in support of Man Made Surplus. This database service matches business donations with various nonprofits that can accept them. • The 911 Memorial Museum at the World Trade Center is a national tribute of remembrance and honor to the thousands killed in the terrorist attacks. In 2011, NAKeD Hair salon joined many other businesses in the Signs of Support campaign and donated one of the cobblestones that makeup the walkway to the Museum's entrance. The Museum is global resource that will help to educate and encourage on the triumph of human dignity over human depravity and an affirmation of the fundamental value of human life. Since we opened our doors in 2011 here at NAKeD Hair Salon & More we have been committed to giving back to the environment and our community. Community is a huge part of our corporate culture and we are driven to participate in events that pay forward and to provide financial /social contributions to causes that help others, and we encourage our employees to volunteer their time with us. We prepare a variety of events throughout the year to help support local charities and provide employees with opportunities for fun and fellowship. Some of the local organizations we have contributed either financially or participated in /hosted special events for include St Paul's Episcopal Church, Achievement Center, Tucker Music Academy and we collaborate frequently local artist William Debilzan. Below is a summary of events through the years we have contributed to both financially and through involvement /participation in the event. Some are on a regular basis, some on an annual basis, and some at other intervals. Oft-ft) WAIlt SAWN � More? PROVOCATIVE HAIR #NATURAL BEAUTY Locally in our community in 2011 We donated our time and talents in a hair cut a thon in conjunction with St Paul's Episcopal Church to raise $1,500 for St. Madeline's Church in Bondia Haiti for hurricane relief, hosted multiple dinners for homeless families with St. Paul's Church and Family Promise, and donated our time and talents to provide the children of St Paul's Church "Angel Hair ", a gift Adam and I have shared with the children for the annual Christmas Pageant every year. We participate at holiday time taking multiple names off the Christmas tree & buying gifts for those less fortunate & needy. We gave haircuts to veteran's on Veteran's Day, promoted Treat Any Soldier - Care Packages for Soldiers Serving in Harm's Way and hosted an Earth Day Celebration at NAKeD Hair Salon to included a special blessing for the city of Delray by Arrow Hawk a Shaman of the Cherokee Indian Nation and showing of the original Dr Seuss story The Lorax, a story Adam reads to the children at the Spady School every year for Career Day. Trade Show and Community Events 2011 We donated our time and talents to the Achievement Center Fashion Show Gala with Boston Proper, Artopia Fashion Show at IL Bacio, and the Boca Film Festival where we provided an educational class for the industry professionals, lecturing on camera ready hair and make up. Line definition much greater today. We also donated our talent and time, hair and makeup service for their fashion show. Every Year we take a booth at the Delray Affair and in addition we participated in the Zavee Girls Night Our event at the Marriot Hotel in Down Town Delray Beach. We also supported the 2011 Garlic festival and even advertised on their jumbo -tron! We joined forces with local artist William Debilzan who hosted us in his Gallery for the annual Tree Lighting Ceremony a little event we like to call Window Dressing. Bill put us in the window and we proceeded to provide the community with complimentary hair and makeup services on that evening everyone is a model and every one's a Superstar! Education for the Beauty Professional Industry Orlando Premier Show for licensed beauty professionals- we had an educational booth were we demonstrated our techniques and shared our eco- friendly philosophy with our piers. Oft-ft) WAIlt PROVOCATIVE HAIR #NATURAL BEAUTY SAWN � More? Barristar Student Show in Kissimmee Florida for the future of the beauty industry- every year we are invited guest to perform and educate the students of the Florida State Beauty Academy's on how to be a good service provider and to be more eco conscious in our industry to your customers. In House Education for Professionals Hosted an advanced Hair Cutting and coloring with Enzymes Class for Beauty Professional Make up for Film and TV class Elan Sassoon, creator of Sojourn eco- friendly Hair Care, son of Vidal hosted educational programs on haircutting, product knowledge and was interviewed by the Sun Centennial here at NAKeD Hair Salon & More. Davines natural and organic product knowledge classes for scalp therapy A -List Hair Extensions photo shoot and educational video taping on location at NAKeD Hair Salon& More Eminence skin care classes quarterly updates for all our staff. Art and Education for the Local community We hosted 3 local art exhibits Maxine Leighton- Dressed To Thrill Glenn Heino Photography- The Naked Truth - Member Delray Beach Artist Guild Lois Whelan- Water Colors and Land Scapes Girls Night Out- In house event to launch our Organic Spa Division - The Naked Garden and an Educational Program for the important of proper safe and healthy skin care Solidifying our commitment to providing our clients with eco friendly beauty solutions, we created our new logo turning our E in NAKeD to a little green foot promising to leave a small footprint on this earth. Our "Hair to do a Little Good ... " slogan was also created and printed on our NAKeD T -Shirt made w/ compostable ink safely screen - printed on an organic cotton t -shirt which are now for sale at NAKeD Hair Salon. At the close of 2011 we were Nominated #3 in the world for our eco - friendly beauty care commitment in a worldwide event sponsored by Davines a family- owned, international hair care brand committed to Oft-ft) WAIlt PROVOCATIVE HAIR #NATURAL BEAUTY SAWN � More? beauty sustainability. We continued our participation and involvement the following year and added to our achievements in 2012 follows: Trade Show and Community Events 2012 A moment of Silence for our Industry Great, Vidal Sassoon Look Better Feel Better Cut a Thon to raise money for Cancer Awareness Movember, Men's Health Awareness for prostrate cancer World no Tobacco Day promoting a smoke free world Clean the World Foundation Inc. nonprofit, Soap drive, we donated 15 lbs. of soaps and bottled amenities donated by our clients Davines World Sustainable Beauty Day Donated Toys @ Union, "toys for tots" 9/11 Trade Center memorial opens, signs of support Locks Love, client hair donations included Rock Ledged DAVID SPITZ, bass player Black Sabbath ReforestAction, 1310 total Trees Planted - almost finished the lot! Locally in our community in 2012 The Delray Affair, annual event educating and entertaining consumers Delray Beach Lighting of the Tree Ceremony- Window Dressing We provided dressed styled and made -up models for the enjoyment of the community of Delray NAKeD w/ Debilzan, a free community social event every Thursday evenings at Debizan's Gallery, Art Fashion and friends. Tucker Music Academy sponsor for the student program at The Arts Garage Arts Garage- supporters, we provide a raffle for their fund raising Earth Day Celebration Sponsor- Old School Square we brought Shaman Lisa New to bless the earth and the City of Delray Beach and sponsored a booth to create green awareness. Supported Bark in the Park @ Village Tavern. Annual Christmas pageant "Angel Hair" hosted by St Paul's church In conjunction with Lulu Lemon arranging 18 bicycles to be donated to needy & deserving families through Cross Ministries. Arranging donations of work boots for migrant workers as holiday gifts through St Paul's church. Girls Night Out event, our spa -team taught the community about organic skin care and protection with Eminence 100% Organic Skin Care. Oft-ft) WAIlt PROVOCATIVE HAIR #NATURAL BEAUTY SAWN � More? Adam lights Chanukah Menorah in Delray with Mayor Woodie McDuffey Minister Kathleen from St Paul's lights Menorah in our salon Keeping God's Garden Green- An interfaith environment awareness and educational program for the city of Delray Hosted at St Paul's Church In House Education for Professionals Certified by Organic Hair Color Systems for Advanced Organic Hair Color Specialist- Tarpon Springs Florida, the salon and our staff awarded Davines in house training for A New Color Ammonia Free Color and Products NAKeD Hair Salon Advanced Training for Beauty Professionals Hair Color with Enzymes, Advanced Hair Cutting and Airbrush Makeup all attended by beauty professional through out Fl. and the US Eminence Regional certification program in Organic Esthetic's As you have read, NAKeD Hair Salon & More is committed to improving their client and associate's health and wellbeing. We bring into view a New Age of Beauty striving to facilitate a positive change, providing traditional beauty care service infused with holistic natural beauty therapies to ease the stress of modern day life. We align ourselves with manufactures and products that share our same passion for the environment, give back to the planet by donating portions of the beauty care dollars spent in our salon back to the planet. And we are a local artist's Gallery, community awareness center and advanced academy for beauty professionals. NAKeD Hair Salon & More provides a visionary eco- communalistic approach to alternative green beauty treatments, simple living, a stress free zone, sustainability and a strong commitment to the Downtown Delray Community. When you come to NAKeD Hair Salon & More you can trust you are receiving more than just great beauty care you are doing great things in the community and the world. "Hair To Do A little Good!" We thank our city the CRA, DDA, Chamber and its locals and guests for their support in our eco awareness endeavors. MEMORANDUM TO: Mayor and City Commissioners FROM: Scott Aronson, Parking Facilities Manager Victor Majteyni, Interim Director of Environmental Services THROUGH: Douglas E. Smith, Interim City Manager DATE: March 13, 2013 SUBJECT: AGENDA ITEM 9.A. - REGULAR COMMISSION MEETING OF MARCH 19, 2013 GRANT APPLICATION/ FDOT ITEM BEFORE COMMISSION The item before the City Commission is that of approving Staff to accept grant funding from the FDOT, (Florida Department of Transportation), for the Downtown Roundabout trolley system in the amount of $525,000. BACKGROUND The FDOT has been funding the City's transportation services through various grant programs over the years. Due to lingering economic hardships, the FDOT has a surplus of funding for Inter -modal Development programs which a neighboring municipality was unable to accept. Funding in the amount of $525,000 is available and is comprised of $150,000 for capital expenditure, funded at 100 %, (no match required), and $375,000 for operations, providing new or enhanced service, requiring 50% / 50% matching funds. The matching funds are already accounted for through commitments from the CRA contained in our interlocal agreements. The $150,000 capital funding will be used for the purchase of a fourth trolley to extend the lifespan of our recently purchased fleet. A portion of the $375,000 will be used to retroactively match 50% of the additional $250,000 the CRA funded for the original purchase. The portion of funds providing this retroactive match will be transferred to trolley operations (expanded hours; see attached chart), further extending our ability to provide this valuable community service. REVIEW BY OTHERS The CRA, at its meeting of February 14, 2013, recommended approval of the reallocation of the retroactive funding to operations and acceptance of the additional surplus funding. RECOMMENDATION By motion, provide approval for staff to accept grant funding from the FDOT, (Florida Department of Transportation), for the Downtown Roundabout trolley system in the amount of $525,000; contigent upon City Attorney's approval of any required forms. t 7 \ \ f \ \ j 5 7 § / } § \ 0 LU ± \ 0 \ / f } § E E § 0 \ _ LU F- ] \ E m r_ ~ } cm u $ $ \ z © E G § - § % \ § % R ) © k - f f � m \ m \ > § \ 41 z 0 \ < = \ z F- m 7 \ m 7 1 \ z § 1 \ « = \ z C g w m > _ \ 2 7 > m \ % ■ Q � < \ - z � © © = 2 2 u 2 � a , 2 L \ © = 2= Ln > � x t E 7 7 § ° § § \ z § C 2 t 2 < � 7 % > / < k C6 41 F- m 7 \ m a- 7 ® % j \ j % / \ < 2 f z z ® � -- / m / § < > ® \ \ z § ® » / \ \ j m\ 7 m 7 \ \ < G \ \ \ 0 t 7 \ \ f \ \ j 5 7 § / } § \ 0 LU ± \ 0 \ / f } § E E § 0 \ _ LU MEMORANDUM TO: Mayor and City Commissioners FROM: Scott Aronson, Parking Facilities Manager Victor Majtenyi, Interim Director of Environmental Services THROUGH: Douglas E. Smith, Interim City Manager DATE: March 13, 2013 SUBJECT: AGENDA ITEM 9.B. - REGULAR COMMISSION MEETING OF MARCH 19, 2013 SOUTH FLORIDA REGIONAL TRANSPORTATION AUTHORITY (SFRTA) ITEM BEFORE COMMISSION The item before the City Commission is that of directing staff to join the South Florida Regional Transportation Authority ( SFRTA) feeder program. BACKGROUND In fulfilling my duties on the SFRTA's Operations Technical Committee, since January, 2007, I was made aware of the organization's feeder service program, which provides funding to municipalities providing shuttle service between Tri -Rail Stations and the towns they serve. Upon learning of this program during one of its performance review presentations in 2008, I started seeking inclusion in the program. SFRTA has informed staff on their intent to give consideration to Delray Beach for inclusion in the program and preliminarily receive an "amount not to exceed $75,000 per year, with a 2 -year agreement, potentially followed by three 1 -year extensions. It is noted, this is 100% grant funding, requiring no match and, may be used for matching other grant funding While the funding is relatively free of stipulations, connectivity between the Tri -Rail station and downtown area must be maintained, with route enhancements, which we have proposed as later service to Tri -Rail to meet trains after our current 9:00 PM ending time and an additional trolley on weekends to better serve Tri Rail's expanded weekend service. RECOMMENDATION By motion, recommend approval for staff to continue pursuit of an agreement with the SFRTA for feeder service. MEMORANDUM TO: Mayor and City Commissioners FROM: David A. Boyd, Director of Finance Rebecca S. O'Connor, Treasurer THROUGH: Douglas E. Smith, Interim City Manager DATE: March 13, 2013 SUBJECT: AGENDA ITEM 9.C. - REGULAR COMMISSION MEETING OF MARCH 19, 2013 RESOLUTION NO. 21-13 ITEM BEFORE COMMISSION Authorize Resolution No. 21 -13. BACKGROUND Resolution No. 21 -13 declares an official intent with respect to reimbursement of temporary advances made for capital expenditures to be made from a subsequent borrowing. The City will be reimbursing expenses relative to the Beach Renourishment Project as well as the Federal Highway Beautification Project. The City is required by the IRS to issue a Declaration of Intent if expenses are incurred for capital projects prior to receiving funding. Tax law requires that a declaration be made within 60 days of the first capital expense relative to a project or asset. This declaration falls within the 60 day period and, therefore, provides for compliance. RECOMMENDATION Recommend Commission approval of Resolution No. 21 -13. RESOLUTION NO. 21 -13 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, DECLARING OF OFFICIAL INTENT WITH RESPECT TO REIMBURSEMENT OF TEMPORARY ADVANCES MADE FOR CAPITAL EXPENDITURES TO BE MADE FROM SUBSEQUENT BORROWINGS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Treasury Regulation � 1.150 -2 (the "Reimbursement Regulations "), issued pursuant to Section 150 of the Internal Revenue Code of 1986, as amended, (the "Code ") prescribes certain requirements by which proceeds of tax- exempt bonds, notes, certificates or other obligations included in the meaning of "bonds" under Section 150 of the Code ( "Obligations ") used to reimburse advances made for Capital Expenditures (as hereinafter defined) paid before the issuance of such Obligations may be deemed "spent" for purposes of Sections 103 and 141 to 150 of the Code and therefore, not further subject to any other requirements or restrictions under those sections of the Code; and WHEREAS, such Reimbursement Regulations require that an Issuer (as hereinafter defined) make a Declaration of Official Intent (as hereinafter defined) to reimburse any Capital Expenditure paid prior to the issuance of the Obligations intended to fund such Capital Expenditure and require that such Declaration of Official Intent be made no later than sixty (60) days after payment of the Capital Expenditure and further require that any Reimbursement Allocation (as hereinafter defined) of the proceeds of such Obligations to reimburse such Capital Expenditures occur no later than eighteen (18) months after the later of the date the Capital Expenditure was paid or the date the property acquired with the Capital Expenditure was placed in service, except that any such Reimbursement Allocation must be made no later than three years after such Capital Expenditure was paid; and WHEREAS, the CITY OF DELRAY BEACH (the "Issuer ") wishes to ensure compliance with the Reimbursement Regulations; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:: Section 1. Definitions. The following definitions apply to the terms used herein: "Allocation" means written evidence that proceeds of Obligations issued subsequent to the payment of a Capital Expenditure are to reimburse the Issuer for such payments. "To allocate" means to make such an allocation. "Capital Expenditure" means any expense for an item that is properly depreciable or amortizable or is otherwise treated as a capital expenditure for purposes of the Code, as well as any costs of issuing Reimbursement Bonds. "Declaration of Official Intent" means a written declaration that the Issuer intends to fund Capital Expenditures with an issue of Reimbursement Bonds and reasonably expects to be reimbursed from the proceeds of such an issue. "Issuer" means either a governmental unit that is reasonably expected to issue Obligations, or any governmental entity or 501(c) (3) organization that is reasonably expected to borrow funds from the actual issuer of the Obligations. "Reimbursement" means the restoration to the Issuer of money temporarily advanced from other funds, including moneys borrowed from other sources, of the Issuer to pay for Capital Expenditures before the issuance of Obligations intended to fund such Capital Expenditures. "To reimburse" means to make such a restoration. "Reimbursement Bonds" means Obligations that are issued to reimburse the Issuer for Capital Expenditures, and for certain other expenses permitted by the Reimbursement Regulations, previously paid by or for the Issuer. "Reimbursement Regulations" means Treasury Regulation � 150 -2 and any amendments thereto or superseding regulations, whether in proposed, temporary or final form, as applicable, prescribing conditions under which the proceeds of Obligations may be allocated to reimburse the Issuer for Capital Expenditures and certain other expenses paid prior to the issuance of the Obligations such that the proceeds of such Obligations will be treated as "spent" for purposes of Sections 103 and 141 to 150 of the Code. Section 2. Declaration of Official Intent. (a) The Issuer declares that it reasonably expects that the Capital Expenditures described in Section (b), which were paid no earlier than sixty (60) days prior to the date hereof, or which will be paid prior to the issuance of any Obligations intended to fund such Capital Expenditures, will be reimbursed with the proceeds of Obligations, representing a borrowing by the Issuer in the approximate principal amount for such Reimbursements of approximately $10,000,000; and (b) The Capital Expenditures to be reimbursed are to be used for Beach Renourishment Project as well as the Federal Highway Beautification Project. (c) Section 3. Reasonable Expectations. The Issuer does not expect any other funds (including the money advanced to make the Capital Expenditures that are to be reimbursed), to be reserved, allocated on a long -term basis, or otherwise set aside by the Issuer or any other entity, with respect to the Capital Expenditures for the purposes described in Section 2(b). Section 4. Open Meeting. It is found and determined that all formal actions of this Commission of the Issuer concerning and relating to the adoption of this resolution were adopted in an open meeting of this Commission of the Issuer; and that all deliberations of this Commission of the Issuer and of any of its committees that resulted in such formal action, were in meetings open to the public, in compliance with the law. 2 Res No. 21 -13 PASSED AND ADOPTED in regular session on the 191' day of March, 2013 ATTEST: CITY CLERK MAYOR Res No. 21 -13 MEMORANDUM 'A z TO: Mayor and City Commissioners FROM: Rafael Ballestero, Deputy Director of Construction Victor Majtenyi, Interim Director of Environmental Services THROUGH: Douglas E. Smith, Interim City Manager DATE: March 12, 2013 SUBJECT: AGENDA ITEM 9.D. - REGULAR COMMISSION MEETING OF MARCH 19, 2013 CONSENT TO ASSIGNMENT/ ROSSO PAVING & GRADING, INC. TO ROSSO SITE DEVELOPMENT, INC. ITEM BEFORE COMMISSION This item is before the Commission to approve a Consent to Assignment of the Contract between the City of Delray Beach and Rosso Paving & Grading, Inc. to Rosso Site Development, Inc. BACKGROUND The City entered into a Construction Contract and General Conditions for Block 19 and 20 Alley Improvements, Project Number 2009 -006 with Rosso Paving & Grading, Inc. on January 8, 2013. The contract provides that prior to any assignment of this contract, each party must obtain the other party's written consent. This assignment is a change in name only. All terms and conditions of the original contract shall remain. RECOMMENDATION Staff recommends approval of a Consent to Assignment of the Contract between the City of Delray Beach and Rosso Paving & Grading, Inc. to Rosso Site Development, Inc. CONSENT TO ASSIGNMENT The undersigned, the City of Delray Beach, a Florida municipal corporation, being a party under that certain Construction Contract and General Conditions for Block 19 and 20 Alley Improvements dated January S, 2013 and originally between the City of Delray Beach and Rosso Paving & Grading, Inc., does hereby give consent to the assignment of the contract from Rosso Paving & Grading, Inc. to Rosso Site Development, Inc. which shall assume and agrees to all terms and conditions of the original contract. IN WITNESS WHEREOF, the undersigned has signed this instrument on this day of , 2013. ATTEST: By: City Clerk Approved as to legal form and Sufficiency: By: City Attorney WITNESSES: A�q % (Print or Type Name) (Print or Type Name) COUNTY OF E G City of Delray Beach, Florida .0 Mayor Rosso Pavia& Grading, Inc. By: r - f Print ame:4 -_ The foregoing instrument was acknowledged before me this day of h rte., 2013, by as�e, ��.. (name of officer or agent, title of offic4,6r agent), of - r - .N � 6YA" 1 (name of corporation acknowledging)-,'a y ;: (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced t z.. (type of_ identification) as identification Signature of Notary P , � ,� • "s n BETTY JO WIGDERSON IQ «� Commission # DI) 878272 Expires April 7, 2013 '��. p,' � ;F Hooded TWu Tmp Fain Inswa u U 3857018 1 of 2 WITNESSES: Rosso Site ` ! ` By'— (Print r Type Name) Print (Print or Type Name) COUNTY OF The foregoing instrument was acknowledged before me this day of .01 i .,t/1- ; by jt< ' P , as k? � e 4 (name o�, office or agent, title of officer or agent), of D,: (name of corporation acknowledging), a ;'- v -e (state or place of incorporation) corporation, on behalf of the corporation.. He /She is personally known to me or has produced (type of ide iif cation) as identification. Signature of 'Not BETTY JO WIGDERSON Commission # DO B78272 . Expires April 7, 2013 r2 •rf j�K�q BondedThru7myFainlmance80 tF3B540i9 2 of 2 MEMORANDUM TO: Mayor and City Commissioners FROM: Douglas E. Smith, Interim City Manager DATE: March 9, 2013 SUBJECT: AGENDA ITEM 9.E. - REGULAR COMMISSION MEETING OF MARCH 19, 2013 RESOLUTION NO. 10 -13 ITEM BEFORE COMMISSION This is a resolution assessing costs for abatement action required to remove nuisances on 14 properties throughout the City. BACKGROUND The resolution sets forth the actual costs incurred and provides the mechanisim to attach liens against the properties if the assessments remain unpaid. RECOMMENDATION Recommend approval of Resolution No. 10 -13. RESOLUTION NO. 10 -13 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS. WHEREAS, the City Manager or his designated representative has, pursuant to Chapter 100 of the Code of Ordinances, declared the existence of a nuisance upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the provisions of Chapter 100 of the Code of Ordinances; and, WHEREAS, pursuant to Section 100.21 and 100.22 of the Code of Ordinances of the City of Delray Beach, the City Manager or his designated representative has inspected said land(s) and has determined that a nuisance existed in accordance with the standards set forth in Chapter 100 of the Code of Ordinances, and did furnish the respective owner(s) of the land(s) described in the attached list with written notice of public nuisance pursuant to Sections 100.21 and 100.22 of the Code of Ordinances describing the nature of the nuisance(s) and sent notice that within seven (7) days from the date of said notice (forty -two (42) days in the case of violation of Section 100.04 pertaining to seawalls) they must abate said nuisance, or file a written request for a hearing to review the decision that a nuisance existed within five (5) days from the date of delivery of said notice, failing which the City of Delray Beach would proceed to correct this condition by abating such nuisance, and that the cost thereof would be levied as an assessment against said property; and, WHEREAS, the property owner(s) named in the list attached hereto and made a part hereof did fail and neglect to abate the nuisance(s) existing upon their respective lands or to properly request a hearing pursuant to Section 100.21 and 100.22 within the time limits prescribed in said notice and Chapter 100 of the Code of Ordinances, or if the property owner(s) did request and receive a hearing, said property owner(s) failed and /or neglected to abate such nuisance(s) within the time designated at the hearing wherein a decision was rendered adverse to the property owner(s); and, WHEREAS, the City of Delray Beach, through the City Administration or such agents or contractors hired by the City Administration was therefore required to and did enter upon the land(s) described in the list attached and made a part hereof and incurred costs in abating the subject nuisance(s) existing thereon as described in the notice; and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Chapter 100 of the Code of Ordinances of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said nuisance(s) as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Chapter 100 of the Code of Ordinances desires to assess the cost of said nuisance(s) against said property owner(s), NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That assessments in the individual amounts as shown by the report of the City Manager of the City of Delray Beach, involving the City's cost of abating the aforesaid nuisances upon the lots or parcels of land described in said report, a copy of which is attached hereto and made a part hereof, are hereby levied against the parcel(s) of land described in said report and in the amount(s) indicated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Sec. 3, become a lien upon the respective lots and parcel(s) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner as mortgages and foreclosures are under state law. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by first class mail to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach at the March 19, 2013 meeting has levied an assessment against said property for the cost of abatement of said nuisance by the City, and that said assessment is due and payable within thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said property, and interest will accrue at the rate of 8% per annum, plus reasonable attorney's fees and other costs of collecting said sums. A Notice of Lien shall be mailed, along with the Notice of Assessment and this resolution. Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said 2 Res. No. 10 -13 property(s), and interest shall accrue at the rate of eight (8) percent per annum plus, if collection proceedings are necessary, the costs of such proceedings including a reasonable attorney's fee. Section 5. That in the event that payment has not been received by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certified copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 8 %, and collection costs including a reasonable attorney's fee. ATTEST: PASSED AND ADOPTED in regular session on this 19'h day of March, 2013. City Clerk MAYOR This instrument was prepared by: Brian Shutt, City Attorney 200 N.W. 1" Avenue Delray Beach, Florida 33444 Res. No. 10 -13 COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCE PROPERTY DESCRIPTION OWNER ASSESSMENT 20 NW 13TH AVENUE (VAC LOT) ODMANNS SUB LOT 12, BLOCK 1 PCN 12 43 46 17 28 001 0120 CASE NO. RN12 -32106 Marih Hayes Est. % Willie Goodman, Jr. 687 pennington Avenue Trenton, NJ 08618 $ 150.00 Invoice No. 38220 $ 55.00 Admin Fee $ 205.00 230 SW 3RD AVENUE S 75 FT OF N 150 FT OF E 1/2 OF S 1/2 BLOCI 39 PCN 12 43 46 16 01 039 0050 CASE NO. NA12 -32242 Robert L. Burns Angela D. Burns 2578 Lake Ida Road Delray Beach, FL 33445 $ 125.00 Invoice No. 38221 $ 55.00 Admin Fee Admin Fee $ 180.00 SPANISH TRAIL (VAC LOTS N OF 2955 FL BLVD) TROPIC ISLE 3RD SECTION LOTS 411 & 412 PCN 12 43 46 28 03 000 4110 CASE NO. RN12 -31357 Katharine D. Martens 589 Deerfield Drive Melbourne, FL 32940 $ 190.00 Invoice No. 38222 $ 55.00 Admin Fee $ 245.00 119 SW 6TH STREET SELLERS ADD, DELRAY BEACH LOT 7 PCN 12 43 46 20 06 000 0070 CASE NO. NA12 -33037 Midfirst Bank % Marc Short R/A 1505 N. Florida Avenue Tampa, FL 33602 $ 195.00 Invoice No. 38223 $ 55.00 Admin Fee $ 250.00 1107 SW 7TH AVENUE RIDGEWOOD HEIGHTS DELRAY N 35 FT OF LOT 3 BLOCK D PCN 12 43 46 20 20 004 0032 CASE NO. NA12 -31498 Pinot IV LLC Department 5193 P.O. Box 2153 Birmingham, AL 35297 $ 125.00 Invoice No. 38225 $ 55.00 Admin Fee $ 180.00 VIOLATION IS: SECTION 100.01— LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, AND MATTER CONSTITUTES HAZARDS; DECLARED NUISANCE PDFConvert.17157.1.RES NO. 10- 13.xls COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCES PROPERTY DESCRIPTION OWNER ASSESSMENT 810 SW 5TH AVENUE ROSEMONT VILLAS UNIT B LOT 10 PCN 12 43 46 20 33 000 0100 CASE NO. RN12 -32206 Felicia Dickson 146 SE 27th Place Boynton Beach, FL 33435 $ 95.00 Invoice No. 38226 $ 55.00 Admin Fee $ 150.00 921 ALLAMANDA DRIVE TROPIC ISLE 2ND SECTION LOT 142 PCN 12 43 46 28 02 000 1420 CASE NO. RN12 -32387 Marcelo Poguio 15 Sleepy Hollow Road Tarrytown, NY 10591 $ 250.00 Invoice No. 38227 $ 55.00 Admin Fee $ 305.00 120 SW 3RD AVENUE S 23.5 FT OF LOT 11 &LOT 12OFN 1/2 OF BLOCK 38 PCN 12 43 46 16 01 038 0112 CASE NO. NA12 -32665 Corine Meadows 120 SW 3rd Avenue Delray Beach, FL 33444 $ 95.00 Invoice No. 38230 $ 55.00 Admin Fee $ 150.00 222 SE 5TH STREET OSCEOLA PARK LOT 11 BLOCK 6 PCN 12 43 46 21 01 006 0110 CASE NO. NA12 -31764 Jean L. Denisier 3539 Apalachee Pky Ste. #3 Tallahassee, FL 32311 $ 125.00 Invoice No. 38231 $ 55.00 Admin Fee $ 180.00 230/232 SW 12TH AVENUE ATLANTIC PARK GARDENS DELRAY LOT 20 BLOCK 4 PCN 12 43 46 17 18 004 0200 CASE NO. NA -12 -32390 ACME Real Estate Assoc. LLC % John Foss 3140 Sherwood Blvd. Delray Beach, FL 33445 $ 175.00 Invoice No. 38232 $ 55.00 Admin Fee $ 230.00 VIOLATION IS: SECTION 100.01— LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, AND MATTER CONSTITUTES HAZARDS; DECLARED NUISANCE PDFConvert.17157.1.RES NO. 10- 13.xls COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCES PROPERTY DESCRIPTION OWNER ASSESSMENT 1119 N VISTA DEL MAR DRIVE LOT 4, E 1/20F LOT 5 & S 10 FT ABND LAING ST LYG N OF & ADJ TO PCN 12 43 46 16 18 000 0040 CASE NO. NA12 -32686 Poyner & Cort Alan Lederfeind Tr Title Holder 23108 Post Gardens Way #213 Boca Raton, FL 33433 $ 165.00 Invoice No. 38234 $ 55.00 Admin Fee $ 220.00 590 NW 46TH AVENUE PINE TRAIL SEC 1 N 1/2 OF LOT 4, BLOCK 3 PCN 12 42 46 12 07 003 0041 CASE NO. RN12 -31627 Nationwide Invsmt Firm Corp % Guilfort Dieuvul, R/A 8757 Baystone Cove Boynton Beach, FL 33473 $ 85.00 Invoice No. 38235 $ 55.00 Admin Fee $ 140.00 525 NE 7TH AVENUE HOFMAN ADD N 18.54 FT OF LOT 61 & S 1/2 OF ABND NE 6TH ST LYG N OF & ADJ TO PCN 12 43 46 09 24 000 0611 CASE NO. NA12 -30656 Candance MacDowall 525 NE 7th Avenue Delray Beach, FL 33483 $ 295.00 Invoice No. 38238 $ 55.00 Admin Fee $ 350.00 1000 S. OLD DIXIE HWY. SILVER TERRACE DELRAY LOT 10 BLOCK 4 PCN 12 43 46 21 13 004 0100 CASE NO. 12 -32304 Michael S. Brown P.O. Box 1616 Boynton Beach, FL 33425 $ 75.00 Invoice No. 38240 $ 55.00 Admin Fee $ 130.00 VIOLATION IS: SECTION 100.01— LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, AND MATTER CONSTITUTES HAZARDS; DECLARED NUISANCE PDFConvert.17157.1.RES NO. 10- 13.xls MEMORANDUM TO: Mayor and City Commissioners FROM: Sharon L'Herrou, Administrative Officer Anthony W. Strianese, Chief of Police THROUGH: Douglas E. Smith, Interim City Manager DATE: March 13, 2013 SUBJECT: AGENDA ITEM 9.F. - REGULAR COMMISSION MEETING OF MARCH 19, 2013 GRANT APPLICATION/ FDOT/ HIGHWAY SAFETY PROGRAM ITEM BEFORE COMMISSION The Police Department seeks Commission approval to submit a grant application to the Florida Department of Transportation's (FDOT) Highway Safety Program. The application is in the amount of $57,808 for programming to mitigate aggressive driving within the City limits. BACKGROUND FDOT's Highway Safety Program is designed to develop, implement, and manage a data - driven comprehensive traffic safety program aimed at saving lives, preventing injuries, and reducing related costs associated with traffic crashes on Florida's roadways. In 2012, the City had over 2,000 traffic accidents with close to 300 injuries. Of those, seven (7) were fatalities. The Delray Beach Police Department seeks to protect the citizens of the City by increasing education and enforcement of highway saftey regulations. This grant will provide funding support for those efforts. The Department was awarded a similar grant in 2010, and those efforts were successful. Details of the grant application are attached. The deadline for submission of the grant application is 3/31/13. FUNDING SOURCE There is no match requirement. RECOMMENDATION The Police Department recommends approval. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 500 - 065 -17 HIGHWAY SAFETY CONCEPT PAPER SAFETY 12/08 Agency: Delray Beach Police Department Concept Paper Title: Delray Beach Police Speed Enforcement Program Amount Requested: $57,808 Priority Area for Concept Paper: ❑ Community Traffic Safety ❑ Police Traffic Services ❑ Impaired Driving ❑ Roadway Safety ❑ Motorcycle Safety ® Speed /Aggressive Driving ❑ Occupant Protection /Child Passenger Safety ❑ Traffic Records ❑ Pedestrian /Bicycle Safety Type of Request: Type of Project: ® Initial ❑ Continuation ® Local ❑ Statewide Head of Agency: Name: Anthony W. Strianese Title: Chief of Police Address: 300 West Atlantic Avenue Delray Beach, Florida 33444 Phone: (561) 243 -7851 Extension: E -Mail: strianese(a)-mydelraybeach.com Project Contact: Name: Sharon L'Herrou Title: Administrative Officer Address: 300 West Atlantic Avenue Delray Beach, Florida 33444 Phone: (5� 243 -7852 Extension: Fax Number: (5� 243 -7816 E -Mail: LHerrou(a)-mvdelraybeach.com FDOT USE ONLY: Concept Paper Number: Assigned Module: Postmark Date: Planner Assigned: Date Received: Date Assigned: Entered Into Database: Planner Received: 500 - 065 -17 SAFETY 12/08 Statement of the Problem: (Give details about the traffic safety problem that you want to correct. Include at least three years of crash, injury, fatality, and citation data to show the extent of the problem.) The purpose of the Highway Traffic Safety Program is to develop, implement, and manage a data - driven comprehensive traffic safety program aimed at saving lives, preventing injuries, and reducing related costs associated with traffic crashes on Florida's roadways. The City of Delray Beach is located along the Atlantic Coast and is one of the southern most cities in Palm Beach County, Florida. The city has approximately 65,000 year round residents. During the winter months, September through April, there is a sharp increase in winter residents and tourists. This increases our city's residency to approximately, 100,000. The city is approximately, 15 square miles and lies between West Palm Beach, which is 20 miles north, and the city of Miami, which is 50 miles to the south. A problem that exists and continues to increase in the City of Delray Beach is "Aggressive Driving ". Driving behaviors that are typically associated with aggressive driving include: excessive speed, following too closely, improper lane changes, improper signaling during lane changes, failure to obey traffic control devices (stop signs, yield signs, traffic signals, railroad signs, etc.). "The NHTSA calls the act of red light running as one of the most dangerous forms of aggressive driving." On behalf of the United States Department of Transportation, The NHTSA published the following crash statistics for 2010: In 2010, 32,885 traffic fatalities; 2,239,000 injuries were reported in the estimated 5,419,000 police reported vehicle crashes in the United States. In 2010, Florida recorded 2,445 Traffic Fatalities (ranking 3rd only to CA and TX); Florida recorded 487 Pedestrian Crash Fatalities (Ranking #1 in the United States per capita). Florida recorded 453 Speeding Related Traffic Fatalities (Ranking #5 in the United States). Between 1975 -2010 The Traffic Fatality Rate in the State of Florida has increased 22% (Ranking #1 in the United States. Statistics show that the majority of these nationwide crashes were caused by aggressive driving. Delray Beach is ranked in the 11th percentile in Aggressive Driving and the 6th percentile in relative speeding within the city population of 15,000- 74,999 out of a total of 93 cities. The Department's Crime Analysis unit provided the following local data: Total Traffic Homicides 2010 -2012: 13 Traffic Homicides: 2010: 4 2011: 2 2012: 7 Crashes: 2010 — 2944 accidents with 307 injuries 2011 — 2498 accidents with 223 injuries 2012 — 2702 accidents with 290 injuries Total Citations 2010: 11284 2011: 11954 2012: 12423 2010 2011 2012 TRAFFIC CONTROL DEVICE 483 181 395 STOP SIGN 670 553 675 FAILURE TO YIELD 139 156 285 STOPPING ON RR TRACKS 0 1 1 SPEED 1993 2805 2684 FAILURE TO SIGNAL 26 5 3 CARELESS DRIVING 754 645 733 FOLLOWING TOO CLOSELY 118 126 130 RED LIGHT 528 310 286 500 - 065 -17 SAFETY 12/08 Proposed Solution: (Explain the countermeasures that you plan to implement to correct the problem and how the funding that you have requested will support those countermeasures.) The members of the Delray Beach Police Department's Patrol Division and Traffic Division /Police Motor Unit will conduct result- driven traffic selective enforcement at major intersections where the majority of crashes occur in the City of Delray Beach. These divisions will deploy to documented roadways where speeding is a problem and vigorously conduct speed enforcement utilizing education, and through the issuance of citations. The Delray Beach Police Department currently utilizes two solar powered ALS message boards. These signs are being used for public information and education methods. Areas in which the signs are used include: School Zones and heavily traveled roads during peak driving times. The signs are also used during statewide traffic enforcement campaigns, such as: "Click it or Ticket ",etc. The Delray Beach Police Traffic Unit also utilizes a marked police Radar Trailer. This Trailer is deployed in areas to include: School Zones, and on roadways where speeding is a problem. This radar trailer is left in an area for one week and during that time it records statistical data. The traffic unit analyzes this data and deploys to these areas based on the statistical data recorded by the radar trailer. 500 - 065 -17 SAFETY 12/08 Project Objectives: (List the short term goals that you have for the project. Some should be quantifiable, such as, "To reduce the number of people killed and injured in crashes by 5% compared to last year's statistics. ") 1. Educate all Police Department Officers on Aggressive Driving, (areas of concern within the city, enforcement options, education) 2. Increase public awareness of Aggressive Driving through education, (i.e. Message Boards, billboards, fliers, mini PSA's, Facebook, etc.) Reduce the number of crashes and fatalities within the city limits by 5% compared to last years crash /fatality data. 4. Increase the number of enforcement contacts using solutions from proposal. Evaluation: (Explain how you will determine if the project is a success.) The Delray Beach Police Department will evaluate the overall success of the program continously recording traffic contacts during Aggressive Driving Enforcement. The Success of this program will be determined by the amount of Aggressive Drivers who are identified, Public Access to Information and Education awareness concerning Aggressive Driving. The Overall Success of the program will be determined when the on -going goals of reducing crashes, injury crashes and fatalities in the City of Delray Beach is reached. CONCEPT PAPER BUDGET 500 - 065 -17 SAFETY 12/08 List each item for which you are requesting funding and the estimated cost of the item(s). Equipment that has a unit cost of $1,000 or more should be listed in the Operating Capital Outlay section. FEDERAL MATCH BUDGET CATEGORY TOTAL FUNDING STATE LOCAL A. Personnel Services $ 0 $0 $0 $0 Over Time- calculated at avg rate of $44.75/ $53,700 $53,700 $0 $0 hr x 24 hrs week x 50 weeks/ year FICA on OT (7.65 %) $4,108 $4,108 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 Subtotal $57,808 $57,808 $ 0 $ 0 B. Contractual Services $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 Subtotal $ 0 $ 0 $ 0 $ 0 C. Expenses $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 Subtotal $ 0 $ 0 $ 0 $ 0 CONCEPT PAPER BUDGET 500 - 065 -17 SAFETY 12/08 FEDERAL MATCH BUDGET CATEGORY TOTAL STATE LOCAL FUNDING D. Operating Capital Outlay $ 0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 Subtotal $ 0 $ 0 $ 0 $ 0 E. Indirect Cost $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 Subtotal $ 0 $ 0 $ 0 $ 0 Total Cost of Project $57,808 $57,808 $ 0 $ 0 MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: Douglas E. Smith, Interim City Manager DATE: March 12, 2013 SUBJECT: AGENDA ITEM 9.G. - REGULAR COMMISSION MEETING OF MARCH 19, 2013 GRANT AGREEMENT / PALM BEACH COUNTY / FED CUP TIE ITEM BEFORE COMMISSION Commission is requested to approve a grant agreement between the City and Palm Beach County for grant funding for the FED Cup Tie, to provide a grant to the City in the amount of $38,000. BACKGROUND The Palm Beach County Sports Commission Grant Committee approved $38,000 in funding for the FED Cup Tie being held April 20 & 21, 2013. Attached is the proposed grant agreement. The grant amount is $38,000 for sanction fees, site fees, rentals, security and labor and is a reimbursable grant. At completion of the event, we will be required to submit a final report. The City Attorney's office has approved as to form. Funding for the FED Cup (revenues and expenses) will be handled by a mid -year budget adjustment. RECOMMENDATION Staff recommends approval of the grant agreement between the City and Palm Beach County in the amount of $38,000 for the FED Cup Tie, April 20 & 21, 2013. PALM BEACH COUNTY March 8, 2013 Robert Barcinski City of Delray Beach 100 Northwest is` Avenue Delray Beach, FL 33444 Dear Robert, OVO SPORTS COMMISSION Congratulations! The Palm Beach County Sports Commission's Grant Committee approved your request for grant funds in the amount of $38,000 for Site Fees, Sanction Fees, Rentals, Security, and labor. Please remember that you will only be reimbursed for the categories mentioned above. Enclosed you will find 1 copy of the Category G Grant Contract with Palm Beach County. I've also included 3 copies of page 13 of the contract, the signature page. In an effort to simplify the process you may return the 3 signed signature pages rather than 3 complete contracts. Please make sure the following is complete for each signature page. • Grantee and Witness signature Documentation that the signing Grantee is able to legally bind the contracting entity • Federal Tax ID # • Original Copy of the Insurance Binder naming Palm Beach County Board of County Commissioners and the Palm Beach County Sports Commission as an additionally insured and certificate holder, which must be received 60 days prior to the event. Please review the enclosed contract carefully. You will need to comply with each section of the contract to be eligible for your grant reimbursement. if any information or dates need to be revised, please contact me immediately. You should have received the Palm Beach County TDC and Sports Commission logos via email. Grant compliance requires you to list both logos on items that will appear in Exhibit C within the contract and all printed and electronic materials that are related to your event. if you have not received the logos, please contact me immediately. Please remember that submission of your post -event report is needed within 60 days after the conclusion of your event. You will not be eligible to receive your grant funds if the post -event report is not submitted or received after 60 days. Please remember the Sports Commission is here to provide support with all your event preparations and logistical needs. if you have any questions or concerns throughout the grant process or would like further assistance, please contact me at (561) 233 -3124 or at kpursell @palmbeachsports.com. I look forward to working with you. Sincerely, Kris Pursell Director of Event Operations JUST BRING YOUR GAME _ _ _ PALM BEACH COUNTY TOURIST DEVELOPMENT TAX CATEGORY G 2012 -13 GRANT AGREEMENT This Grant Agreement is made and entered into this day of , 2013, by and between PALM BEACH COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY "; a ;id CITY OF DELRAY BEACH, hereinafter referred to as "GRANTEE ". WHEREAS, the grant provided for herein by the COUNTY will assist the GRANTEE with expenses incurred in its tourism project described herein, hereinafter referred to as the "PROJECT "; and WHEREAS, COUNTY has determined that the subject PROJECT will enable GRANTEE to provide an activity which will directly promote tourism in Palm Beach County, under special use Category "G" of Ordinance No. 2000 -011; and WHEREAS, the expenditure of Tourist Development Tax Funds pursuant to this Agreement has been found, determined and declared to be a county and public purpose by the Board of County Commissioners of COUNTY, under authority of Section 125.0104, Florida Statutes, and Ordinance No. 2000 -011. NOW, THEREFORE, the parties hereto agree as follows: ARTICLE I GRANT DESCRIPTION 1.1 GRANTEE: Name: City of Delray Beach Address: 100 NW 1" Avenue Delray Beach, FL 33444 Attn: Robert Barcinski 1 1.2 TOTAL AMOUNT OF GRANT: $38,000 (Thirty Eight Thousand Dollars) 1.3 PROJECT DESCRIPTION: Fed Cup Tie and as further provided in Exhibit A, attached hereto. 1.4 PROJECT BUDGET: As provided in Exhibit B, attached hereto. 1.5 REPORTING SCHEDULE: GRANTEE shall submit final report and request for reimbursement within sixty (60) days of last day of event. 1.6 PAYMENT SCHEDULE: County will use its best efforts to reimburse within sixty (60) days after submission of approved invoices and report. 1.7 GRANT PERIOD: January 20, 2013 —July 21, 2013 Only expenses incurred by GRANTEE during the Grant Period will be eligible for reimbursement. 1.8 EVENT SCHEDULE: April 20-21,2013 1.9 GRANT RESTRICTIONS: This Grant is restricted to reimbursement for the following expenses: Sanction Fees Site Fees Rentals Security, and Labor as set forth in Project Budget, (Exhibit B), and in the Palm Beach County Tourist Development Funds 2012 -2013 Category G Grant Program Applications and Guidelines. Category G reimbursement funds are subject to the availability of Category G Tourist Development Tax Funds and cannot be used to match other TDC funded grant programs, nor can GRANTEE submit reimbursements requests for the same expense to more than one TDC funded program. Only allowable expenses shall be eligible for reimbursement. The final determination as to whether an expense identified in the Project Budget is allowable shall be made in the sole discretion of COUNTY and GRANTEE agrees to abide by and be bound by COUNTY's determination. 1.10 ESTIMATED ROOM NIGHTS: Bid -- Not Applicable 1.11 GRANT AGREEMENT SUBMISSION: GRANTEE is required to submit three (3) signed copies of the grant agreement, including certificate of insurance and approved signatures, sixty (60) days prior "r_) to event. If the agreements are not submitted within sixty (60) days prior to event, the grant agreements could be in jeopardy for submission to the COUNTY and thus the GRANTEE would not then be eligible for reimbursement. 1.12 REIMBURSEMENT RESTRICTIONS: The Total Grant Amount set forth in Article 1.2 represents the maximum dollar amount available to GRANTEE wider this AGREEMENT. The actual dollar amount reimbursable hereunder shall be dependent upon the number of confirmed and verified room nights associated with the PROJECT, as more specially set forth in Exhibit D, attached hereto and made apart hereof. ARTICLE II CONDITIONS 2.1 IMPLEMENTATION: Palau Beach County has designated certain important responsibilities in the implementation of this Grant to the Palm Beach County Sports Commission, Inc., the contract administrator, who shall be referred to hereinafter as "SPORTS COMMISSION ". The SPORTS COMMISSION is a private nonprofit corporation contracting with Patin Beach County and is not a part of County government. SPORTS COMMISSION makes recommendations to COUNTY but cannot provide final approvals on behalf of County or incur any obligations on the part of COUNTY. 2.2 PROJECT DESCRIPTION: The GRANTEE shall use the Grant Funds only for the purposes and services which are specifically described in the Project Description, attached hereto as Exhibit A and made a part hereof, and /or as restricted in Paragraph 1.9 of Article I. GRANTEE represents that the project provided for by this Agreement will be accomplished and will directly promote Patin Beach County tourism. Any changes in the approved program description shall first be submitted to the SPORTS COMMISSION. Thereafter, the SPORTS COMMISSION shall convey such revised program description to the Executive Director of the Tourist Development Council (TDC) for his/her approval. R No expense related to a change in the Project Description will be reimbursed unless approved as provided herein. 2.3 PROJECT BUDGET: All expenditures of Grant Funds shall be subject to the conditions and terms of this Agreement and in accordance with the Project Budget. The GRANTEE's expenditure of Grant Funds must be only for the items specified in each line -item of the Project Budget and not in excess of the amounts specified in each line -item. The GRANTEE may amend the amount identified for specific Grant Fund line -items in the Project Budget, if such changes do not exceed ten percent (14 %) per line-item and so long as the amount of Grant Funds allocated for other items is likewise adjusted. Any change in any line -item expenditure of Grant Funds in excess of ten percent (t0 %) per item shall require the advance written approval of the Executive Director of the Tourist Development Council. Any requests for approval shall first be submitted by GRANTEE to the SPORTS COMMISSION. The SPORTS COMMISSION will convey such request to the Executive Director of the Tourist Development Council. 2.4 REPORTING: This PROJECT is being funded with the expectation that it will directly promote Palm Beach County tourism by providing specifically described sporting events and/or activities which will be made available to and attended by visitors to Palm Beach County. To assist a determination of whether the PROJECT is fulfilling, or has fulfilled, its purpose of directly promoting the County, the GRANTEE must supply the SPORTS COMMISSION with written reports and documentation demonstrating the PROJECT's direct promotion of the County. These reports must be received by the SPORTS COMMISSION pursuant to the Reporting Schedule contained in Paragraph 1.5 of Article I. The SPORTS COMMISSION will submit said report to the Executive Director of the Tourist Development Council. The GRANTEE shall further submit program scheduled information to the SPORTS COMMISSION for Tourist Development funded publications by publication deadline. 4 GRANTEE shall provide immediate notice to the SPORTS COMMISSION in the event that a funded project or program is cancelled or rescheduled. 2.5 GRANT AMOUNT AND PAYMENT SCHEDULE: The total amount of the Grant is specified in Paragraph 1.2. By awarding this Grant, COUNTY assumes no obligation to provide financial support of any type whatsoever in excess of the total Grant amount. The Grant Funds will be paid to the GRANTEE pursuant to the Payment Schedule specified in Paragraph 1.6, subject to limitations set forth in Paragraphs 1.10 and 1.11 and the provisions of Paragraph 2.7, and shall be solely payable from,lawfully available Category G Tourist Development Tax Funds. 2.6 PROJECT MONITORING AND EVALUATION: The SPORTS COMMISSION shall monitor and conduct an evaluation of operations under this Agreement, which may include visits by the SPORTS COMMISSION staff, Tourist Development Council members, and /or other COUNTY representatives to observe the GRANTEE's program, procedures, and operations underthis Grant, or to discuss the GRANTEE's PROJECT with the GRANTEE's personnel. The GRANTEE shall provide access to events and those items, materials, objects, passes, signage, marketing activities and any other activity or matter as described in Exhibit C. The GRANTEE shall give the SPORTS COMMISSION fifteen (15) clays advance written notice of all meetings of its Board of Directors or governing board and the SPORTS COMMISSION's designees and the Executive Director of the Tourist Development Council free access to all events sponsored under this Agreement for the purpose of evaluating the impact of the subject events and activities. 2.7 PAYMENT OF GRANT FUNDS: Only programs which advance, promote and further Palm Beach County tourism shall receive Grant Funds. In accordance with this Agreement, GRANTEE shall receive the Grant Funds from COUNTY in the form of reimbursement for its expenditures for "allowable" Grant Fund items identified in the Project Budget which are deemed by County to be 5 "allowable ". No Grant Funds shall be advanced by COUNTY to, for or on behalf of, GRANTEE. The following procedure shall be applicable to the payment of Grant Finds by COUNTY: From time to time during the grant period, GRANTEE shall submit to the SPORTS COMMISSION a Request for Payment of Grant Funds upon a form approved by the Clerk of the Board of County Commissioners. Upon approval of a Request for Payment of Grant Funds (hereinafter referred to as "REQUEST ") by the SPORTS COMMISSION and Executive Director of the Tourist Development Council, the REQUEST shall be submitted by the SPORTS COMMISSION to the Clerk of the Board of County Commissioners for processing and payment in accordance with this Agreement and in accordance with law. Each REQUEST submitted by GRANTEE shall include a reference to its previous authorization, shall be itemized in sufficient detail for pre - payment audit thereof, and shall be supported by copies of the corresponding paid vendor invoices, substantiated proof of payment or performance of the goods and services invoices, proof of confirmed room nights verified in the manner set forth in Exhibit D, and any further documentation deemed necessary by the SPORTS COMMISSION or the COUNTY. Moreover, COUNTY shall not pay GRANTEE on any REQUEST unless and until the Clerk of the Board of County Commissioners approves said payment pursuant to the Clerk's pre - payment audit thereof in accordance with law and subject to the conditions, if any, attached to said approval. 2.8 FINANCIAL ACCOUNTING AND RETENTION OF RECORDS: The GRANTEE shall keep accurate and complete books and records of all receipts and expenditures of Grant Funds in 6 conformance with reasonable accounting standards acceptable to COUNTY. These books and records, as well as all documents pertaining to funds received and expended in conjunction with this Grant, such as vouchers, bills, invoices, receipts, and cancelled checks, shall be retained in Palm Beach County, in a secure place and in orderly fashion by the GRANTEE for at least three (3) years after the Expenditure Deadline specified in Paragraph 1.7 of Article I. These books, records, and documents may be examined by the SPORTS COMMISSION, the Executive Director of the Tourist Development Council or any other County representative at the GRANTEE's offices during regular business hours. Furthermore, the COUNTY may, at COUNTY's expense and upon reasonable notice, audit or have audited, all the financial records of the GRANTEE, whether or not purported to be related to this Grant. Moreover, any and all records of GRANTEE pertaining to matters covered by this Agreement are public records pursuant to Chapter 119, Florida Statutes and GRANTEE hereby agrees to comply with the provisions of Chapter 119 with regard to such records. COMMISSION will provide GRANTEE Chapter 119, Florida Statutes if requested. 2.9 CREDITS: The GRANTEE shall include the following credit designation in all news releases; print, radio and television advertising; publications; and programs related to the PROJECT: "A Palm Beach County Tourist Development Council funded project.... supported by the Palm Beach County Sports Commission." SANCTIONED BY ��ACN CO Pa mBeachC..tyFlonda THE BEST of i7FsRYTH lNG' v� 2 A TOURIST DEVEI.OPMEW COUNCIL FUNDED PROJECT O NO STS CON&O The credit designation/logo must be easily legible and /or audible. GRANTEE is required to contact the SPORTS COMMISSION at least ninety (90) days prior to event for logo and advertising specifications, VA welcome letters, or any other promotional items required. 2.10 LIABILITY AND INDEMNIFICATION: It is understood and agreed that the GRANTEE is merely a recipient of Grant Funds and an independent contractor and is not an agent, servant or employee of Palm Beach County, its Board of County Commissioners, the Palm Beach County Sports Commission, Inc., or the Palm Beach County Tourist Development Council. In the event a claim or lawsuit is brought against Palm Beach County, its Board of County Commissioners, the Palm Beach County Sports Commission, Inc. the Palm Beach County Tourist Development Council, or any of their directors, officers, agents, or employees, the GRANTEE hereby agrees to indemnify, save, hold harmless, and defend said persons and entities from any such claims, liabilities, causes of action, and judgments of any type whatsoever, arising out of or relating to the performance or operation of this Agreement, the funding hereof, or GRANTEE's acts hereunder, and the GRANTEE shall pay all costs, attorney's fees, and expenses incurred by the aforementioned entities or persons in connection with such claims, liabilities or suits. This covenant of indemnification shall be supported and supplemented by liability insurance obtained by GRANTEE, which is acceptable to COUNTY's Manager of the Insurance and Risk Management Division of Palm Beach County, as to form, type and amount of coverage. Such insurance shall, at a minimum, provide comprehensive commercial general liability coverage with limits of not less than $1 million ($1,000,000.00) each occurrence combined single limit for bodily injury, including death, and property damage, as evidenced by a Certificate of Insurance. A signed current copy of the Certificate of Insurance shall be transmitted to the COUNTY sixty (60) days prior to execution of this Agreement by COUNTY and such insurance shall remain in effect throughout the clays of the event as set forth in Article 1.8 of Article 1. Further, said Certificate of Insurance shall unequivocally provide for thirty (30) days written notice to COUNTY prior to any material change or cancellation of coverage thereunder. PALM BEACH COUNTY and the PALM BEACH COUNTY 8 SPORTS COMMISSION must be named as additional insured and certificate holders in said policy of insurance, and the Certificate of Insurance shall so indicate. If the Certificate of Insurance is not provided sixty (60) days prior to the event, the Agreement may not be submitted to COUNTY for approval. 2.11 ASSIGNMENT: The GRANTEE is not permitted in any manner to assign its rights or obligations under this Agreement, and any purported assignment will be void. 2.12 COMPLIANCE: The GRANTEE agrees to abide by, and be governed by, all applicable laws, including but not limited to, Palm Beach County's ordinances, as said laws and ordinances exist and are amended from time to time. In entering into this Agreement, Palm Beach County does not waive the requirements of any County or local ordinance or the requirements of obtaining any permits or licenses which are normally required to conduct business or activity contemplated by GRANTEE. 2.13 REMEDIES AND EXPENDITURE DEADLINE: (A) If the GRANTEE fails to comply with any of the provisions of this Agreement, the COUNTY may withhold, temporarily or permanently, all, or any, unpaid portion of the Grant upon giving written notice to the GRANTEE, and/or terminate this Agreement and the COUNTY shall have no further funding obligation to the GRANTEE under this Agreement. Furthermore, GRANTEE shall repay to COUNTY all funds received by GRANTEE which did not result in sporting events or activities. (B) In the event that a project or program forwhich GRANTEE has received funds is canceled and not replaced with an approved revised project or program in accordance with Paragraph 2.2 of Article II, GRANTEE shall repay to COUNTY all funds received by it for such canceled project or program. 9 (C) The GRANTEE shall repay COUNTY for all unauthorized, illegal or unlawful expenditures of Grant Funds, including unlawful and /or unauthorized expenditures discovered after the expiration of the Grant Period. The GRANTEE shall also be liable to reimburse the COUNTY for any lost or stolen Grant Funds. (D) In the event the GRANTEE ceases to exist, or ceases or suspends its operations for any reason, any remaining unpaid portion of this Grant shall be retained by COUNTY and COUNTY shall have no further funding obligation to GRANTEE with regard to those unpaid funds. The determination that the GRANTEE has ceased or suspended its operation shall be made in the sole discretion of COUNTY and GRANTEE agrees to be bound by COUNTY's determination. (E) Grant Funds which are to be repaid to the COUNTY pursuant to this Article are to be repaid by delivering to the COUNTY a certified check for the total amount due, payable to Palm Beach County at the Office of the Executive Director of the Tourist Development Council within ten (10) clays of the COUNTY's demand. (F) The above provisions do not waive any rights of COUNTY or preclude the COUNTY from pursuing any other remedy which may be available to it under law. Nothing contained herein shall act as a limitation of the COUNTY's right to be repaid in the event GRANTEE does not produce or complete a project or program which furthers and promotes Patin Beach County tourism. 2.14 TERMINATION BY COUNTY: Notwithstanding anything contained in this Agreement, 10 COUNTY shall have the right to terminate this Agreement, with or without cause, upon rive (5) days written notice to GRANTEE. 2.15 WRITTEN NOTICE: Any written notice required under this Agreement shall be sufficient if sent by certified mail as follows: (A) As to the GRANTEE: Addressed to the GRANTEE at the address specified in Paragraph 1.1 of Article I. (B) As to the Sports Commission: Addressed as follows: Palm Beach County Sports Commission, Inc. 1555 Palm Beach Lakes Boulevard, Suite #930 West Palm Beach, FL 33401 (C) As to the COUNTY: Addressed as follows: Executive Director of the Tourist Development Council 1555 Palm Beach Lakes Boulevard, Suite ##900 West Palm Beach, FL 33401 2.16 CONTRACT REPRESENTS TOTAL AGREEMENT: This Agreement, including its special conditions, if any, and exhibits, represents the whole and total agreement of the parties. No modifications or amendments may be made to this Agreement unless made in writing signed by both parties, and approved by appropriate action of the Board of County Commissioners. 2.17 PUBLIC ENTITY CRIMES: As provided in F.S.287.132 -133, by entering into this contract or performing any work in furtherance hereof, the contractor certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by F.S.287.133(3) (a). 11 ARTICLE III SPECIAL CONDITIONS 3.1 ORDINANCE AMENDMENT: Nothing in this Agreement shall impair or prohibit the Board of County Commissioners from amending Ordinance No. 2000 -011 in accordance with Section 125.0104, Florida Statutes, at any time, except that no amendment to said ordinance shall affect the availability of funds under the Grant provided by this Agreement. ARTICLE IV This Agreement and all amendments thereto must be approved by the Board of County Commissioners of Palm Beach County, Florida and shall not take effect until so approved. (REMAINDER OF THIS PAGE IS BLAND 12 IN WITNESS WHEREOF, the Executive Director of the Tourist Development Council of Palm Beach County, Florida has made and executed this Grant Agreement on behalf of the COUNTY and GRANTEE has hereunto set its hand the day and year above written. WITNESS: By: Name (Type or Print) WITNESS: By: PALM BEACH COUNTY, FLORIDA By: Date: Palm Beach County Tourist Development Council GRANTEE: By: Name (Type or Print) Name (Print) Title GRANTEE'S FEDERAL TAX IDENTIFICATION NUMBER 59- 6000308 APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Date: County Attorney PALM BEACH COUNTY SPORTS COMMISSION APPROVED AS TO TERMS AND CONDITIONS —Date: George Linley, Executive Director 13 te: Fed Cup Tie April 20 -21, 2013 Exhibit A Project Description EVENT DESCRIPTION Fed Cup Tie Fed Cup is the premier team competition in women's tennis and is owned and managed by the International Tennis Federation (ITF). The USTA administers the United States participation in Fed Cup. The City of Delray Beach is looking to host a Fed Cup Tie at the Delray Beach Tennis Center on April 20 -21, 2013. The Fed Cup match would feature the United States and Sweden. Over 450 athletes, staff, coaches, and officialswill travel to Palm Beach County. At least 6,000 attendees are expected to watch the matches each day. The Fed Cup Tie will be televised live on the Tennis Channel and distributed internationally to nearly 150 countries. GRANTEE City of Delray Beach CONTACT Robert Barcinski, (561) 243 -7011 GRANT FUNDS RECOMMENDED $38,000 (Thirty Eight Thousand Dollars) APPLICABLE CATEGORIES Sanction Fees, Site Fees, Rentals, Security, and Labor EVENT OWNER ESTIMATES Estimated Room Nights* — 600 *Bid Event —Grant Not Contingent on Room Nights W Fed Cup Tie April 20 -21, 2013 Exhibit B Project Budget Items Cash Sanction Fees $150,000 Site Fees $65,000 Rentals $10,000 Security $17,000 Labor $35,000 Total Budget $277,000 15 Fed Cup Tie April 20 -21, 2013 Exhibit C Sponsorship Agreement 1. Palen Beach County Sports Commission (PBCSC) logo included in all print ads 2. PBCSC logo included in the Fed Cup poster 3. One (1) Court Signage / Banner (sidewall placed in camera view) 4. One (1) Court Signage / Banner (placed in concourse or non - camera viewing area) 5. One (1) Stadium Signage / Banner (corner camera view) 6. One (1) Stadium Signage / Banner (non - camera view) 7. PBCSC logo included on sponsor recognition barriers, located on -site 8. PBCSC logo inclusion in stadium video board 9. Three (3) Television Commercials (30- second units) 10. Four (4) Video Board Commercials (30- second units) 11. One (1) frill -page advertisement in the event program 12. Four (4) invitations to the President's Box 13. Eight (8) Price Level 1 Tickets (per day) 14. Twelve (12) Price Level 2 Tickets (per day) 15. Ten (10) Price Level 3 Tickets (per day) 16. Ten (10) Price Level 4 Tickets (per day) 17. Six (6) invitations to the official Fed Cup dinner 18. Four (4) invitations to the draw ceremony 19. Eight (8) program vouchers 20. Forty (40) VIP parking passes 21. Exhibit booth, depending on availability as determined by the City of Delray Beach and USTA Notes: 1. All requests for promotional items including welcome letters, logo /ad specifications, etc. must be requested ninety (90) days prior to event. 2. If signage /banner is not returned within five (5) clays after the event ends, there will be a $175 charge 3. Please send all event - related tickets to the attention of Kris Pursell, Director of Event Operations, at the following address: Palm Beach County Sports Commission 1555 Palm Beach Lakes Blvd., Suite #930 West Palm Beach, FL 33401 16 IN WITNESS WHEREOF, the Executive Director of the Tourist Development Council of Palm Beach County, Florida has made and executed this Grant Agreement ou behalf of the COUNTY and GRANTEE has hereunto set its hand the day and year above written. WITNESS: By: Name (Type or Print) WITNESS: By: Name (Type or Print) PALM BEACH COUNTY, FLORIDA By: Date: Patin Beach County Tourist Development Council GRANTEE: By: Name (Print) Title GRANTEE'S FEDERAL TAX IDENTIFICATION NUMBER 59- 6000308 APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Date: County Attorney PALM BEACH COUNTY SPORTS COMMISSION APPROVED AS TO TERMS AND CONDITIONS Date: George Linley, Executive Director 13 Da IN WITNESS WHEREOF, the Executive Director of the Tourist Development Council of Palm Beach County, Florida has made and executed this Grant Agreement on behalf of the COUNTY and GRANTEE has hereunto set its hand the clay and year above written. WITNESS: By: Nance (Type or Print) WITNESS: By: Name (Type or Print) PALM BEACH COUNTY, FLORIDA By: Date: Pain Beach County Tourist Development Council GRANTEE: By: Name (Print) Title GRANTEE'S FEDERAL TAX IDENTIFICATION NUMBER 59- 6000308 APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Date: County Attorney PALM BEACH COUNTY SPORTS COMMISSION APPROVED AS TO TERMS AND CONDITIONS Date: George Linley, Executive Director 13 ate: IN WITNESS WHEREOF, the Executive Director of the Tourist Development Council of Palm Beach County, Florida has made and executed this Grant Agreement on behalf of the COUNTY and GRANTEE has hereunto set its hand the day and year above written. WITNESS: By: Name (Type or Print) 11.'/ Y l -OMIT By: Name (Type or Print) PALM BEACH COUNTY, FLORIDA By: Date: Pahu Beach County Tourist Development Council WIT.W0Y010 By: —Date: Name (Print) Title GRANTEE'S FEDERAL TAX IDENTIFICATION NUMBER 59- 6000308 APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Date: County Attorney PALM BEACH COUNTY SPORTS COMMISSION APPROVED AS TO TERMS AND CONDITIONS Date: George Linley, Executive Director 13 PALM BEACH COUNTY TOURIST DEVELOPMENT TAX CATEGORY G GRANT CONTRACT INSURANCE REQUIREMENTS 1. Liability insurance shall, at a minimum, provide comprehensive general liability and contractual liability coverage with limits of: not less than $1,000,000 per each occurrence - Palm Beach County- Board of County Commissioners AND the Palm Beach County Sports Commission named as additional insured and a certificate be issued in their names (certificate holder) The following address should appear on both certificates: 1555 Palm Beach Lakes Blvd. West Palm Beach, FL 33401 The name of the "Insured" on the Certificate must be the same as that of the entity with whom we are contracting unless the Description of Operations section contains a statement confirming that the entity with whom we are contracting is also an "insured ". A statement indicating that the entity with whom we are contracting is an "additional insured" is not acceptable. 2. Cancellation notice must be received in writing with 30 days written notice. A shorter cancellation period will not be acceptable. Cancellation language shall read: "...Certificate of Insurance shall unequivocally provide for thirty (30) days written notice to County prior to any material change or cancellation of coverage." 3. For further requirements please see Section 2.10 Liability and Indemnification. 4. A copy of your insurance binder must be received sixty (60) days prior to the event with the three (3) signed grant agreements 0:1Grants\Grant Application PacketUnsurance Requirements.doc CITY -02 OP ID: W7 '4i °� CERTIFICATE OF LIABILITY INSURANCE p03112/20Y3 d3112l2d13 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERS), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Phone: 661-396-1436 The Plastridge Agency -BRO Fax: 513195 -0755 2100 N. Dixie Hwy. Boca Raton, FL 33431 Brendan T. Lynch TACT NNAAMdE; PHONE FAX ^mm c E AC No l: E -MAIL ADDRESS: -�- ----- PHPK986923 0412012013 INSURER(S) AFFORDING COVERAGE NAIC 0 INSURER A. Philadelphla Ins. Companies — _ 18058 $ 100,00 INSURED City of Delray Beach 100 N.W. let Avenue INSURERB: PERSONALBADVINJURY S 1,000,00 Delray Beach, FL 33444 INSURER C: I S 3,000,00 WW INSURER 0: PRODUCTS- COAMPIOPAGG S 3,000,00 INSURER E: S INSURER F: LIABILITY ANY ADO ALLOIANED SCHEDULED AUTOS AUTOS HIREDAUTOS NON -OVJWED AUTOS - COVERAGES CERTIFICATE NUMRFR- RFViSir]N NIIMRFR- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR LTR TYPE OF INSURANCE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN B POLICYNUMBER POLICY EFF MM€D POLICY EXP MMIO LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABIUTY CLAIMSA4AD£ X CCCUR X PHPK986923 0412012013 04122/2013 EACH OCCURRENCE S 1,000,00 DREh1I5ETo RENTED ence $ 100,00 ME EXP (Any one person) S EXC PERSONALBADVINJURY S 1,000,00 GENERALAGGREGATE I S 3,000,00 GENLAGGREGATEUTAITAFPLIESFIER: POLICY P120- LGC PRODUCTS- COAMPIOPAGG S 3,000,00 S AUTOMOBILE LIABILITY ANY ADO ALLOIANED SCHEDULED AUTOS AUTOS HIREDAUTOS NON -OVJWED AUTOS C[S.' dE�D €SINGLELIMIT S BODILY INJURY (Per person) S BODILYINJURY(PeracUdenl) 5 PROPERTY DAMAGE Per acadeslt) $ S A X UMBRELLA LIAB X EXCESS LfAB OCCUR CAMS -MADE PHUB413043 04/20/2013 04122!2013 FACHOCCURREN'CE $ 2,000,00 AGGREGATE $ 2,000,00 CEO I X I RETENTIONS 10000 $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOWPARTNERIEXECUTIVE OFFICER/M EMBER EXCLUDED? (Mandatory in NH) If yes, descnbe under DESCRIPTION OF OPERATIONS he!au NIA 1h'CSTATU- 07H - TORY LIPAfTS ER E_ LEACH ACCIDENT $ ----- E DISEASE - EA EMPLOYE S E.L. DISEASE - POLICY LIMIT 5 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Addhlonal Remarks Schedule, If more space is required) CERTIFICATE HOLDER IS ADDITIONAL INSURED AS RESPECTS TO GENERAL LIABILITY FOR THE FED -CUP TENNIS EVENT CERTIFICATE HOLDER CANCELLATION ©1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN PALM BEACH COUNTY ACCORDANCE WITH THE POLICY PROVISIONS. BOARD OF COUNTY COMMISSIONERS AUTHORIZED REPRESENTATIVE J - 1555 PALM BEACH LAKES BLVD WEST PALM BEACH, FL 33401 ©1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD MEMORANDUM TO: Mayor and City Commissioners FROM: Chevelle D. Nubin, MMC, City Clerk THROUGH: Douglas E. Smith, Interim City Manager DATE: March 15, 2013 SUBJECT: AGENDA ITEM 9.H. - REGULAR COMMISSION MEETING OF MARCH 19, 2013 MUNICIPAL ELECTION 2013 RESULTS /RESOLUTION NO. 20-13 ITEM BEFORE COMMISSION On March 14, 2013 according to the City's Charter Article V, Section 5.05, Commission approved the March 12, 2013 First Non Partisan and Special (Referendum) Elections results as provided by the Supervisor of Elections on March 12, 2013. Presented for your review are the certified official cumulative totals received today, March 15, 2013, for the regular, absentee, and provisional ballots as provided by the Supervisor of Elections for Palm Beach County, indicating the results of the First Nonpartisan and Special Election held on Tuesday, March 12, 2013. In addition, Resolution No. 20 -13 is attached for your review and approval. BACKGROUND FIRST NONPARTISAN ELECTION COMMISSION MEMBER — SEAT #1 - TWO YEAR TERM ALEXANDER CHRISTOPHER 1,064 KURT LEHMANN 1,583 SHELLY PETROLIA 3,358 MAYOR — SEAT #5 - TWO YEAR TERM TOM CARNEY 2,958 CARY GLICKSTEIN 3,212 SPECIAL ELECTION QUESTION #1 YES 5,366 NO 462 QUESTION #2 YES 3,828 NO 2,012 QUESTION #3 YES 3,377 NO 2,413 QUESTION #4 YES 4,313 NO 1,472 QUESTION #5 YES 3,691 NO 2,077 QUESTION #6 YES 3,419 NO 2,229 RECOMMENDATION To Approve the certified official cumulative totals for each candidate for Commission Member /Seat #1 and Mayor /Seat #5; and the six (6) referendum questions, including all of the regular, absentee, and provisional votes as presented, and that it is hereby declared, based upon the above and foregoing official results, that Shelly Petrolia is elected as Commission Member /Seat #1 and Cary Glickstein is elected as Mayor /Seat #5 for two year terms commencing on the 28th day of March, 2013, and ending in accordance with the City Charter; and that all referendum questions were approved. Pursuant to the City's Charter, Article V, Section 5.04(C), due to Adam Frankel being unopposed, he is deemed to have voted for himself and, therefore, elected to Seat #3 for which he qualified. PALM BEACH MUNICIPAL-2013_E 4058 4058 4058 4058 4074 4074 4074 4074 4074 4074 4076 4076 4076 4076 4076 4086 4086 4086 4086 4088 4088 4088 4088 4088 4088 4090 4090 4090 4090 4090 4090 Mayor - Seat #5 - DELRAY BEACH TC- Absentee TC -Early Voting TC -Early Voting ADA TC- Precinct TC- Precinct ADA TC- Provisional TC- Absentee TC -Early Voting TC -Early Voting ADA TC- Precinct TC- Precinct ADA TC- Provisional TC- Absentee TC -Early Voting TC -Early Voting ADA TC- Precinct TC- Precinct ADA TC- Provisional TC- Absentee TC -Early Voting TC -Early Voting ADA TC- Precinct TC- Precinct ADA TC- Provisionai TC- Absentee TC -Early Voting TC -Early Voting ADA TC- Precinct TC- Precinct ADA TC- Provisional TC- Absentee TC -Lariy Voting TC -Early Voting ADA TC- Precinct TC- Precinct ADA TC- Provisional TG-Absentee TC -Early Voting TC -Early Voting ADA 4092 TG-Precinct 4092 TC- Precinct ADA 4092 TC- Provisional 4094 TC- Absentee 4094 TC -Early Voting Printed: Thursday, March 14, 2013 4:29 PM m (D LU p n j o 3 m n a N O O c O 147 6 4.08 3 3 147 0 0.00 147 0 0,00 147 37 25.17 16 21 147 0 0.00 147 0 0.00 975 28 2.87 14 14 975 0 0.00 975 0 0.00 975 103 10.56 43 59 1 975 0 0.00 975 1 0,10 1 1163 16 1.38 9 7 1163 0 0.00 1163 0 0.00 1163 159 13.67 87 70 2 1153 0 0.00 1163 0 C.00 1204 23 1.91 10 13 1204 0 0.00 1204 0 0.00 1204 154 12.79 66 85 3 1204 0 0,00 1204 0 C AO 1823 105 5.76 29 76 1823 0 0.00 1823 0 0.00 1823 245 13.44 75 170 1823 0 0.00 1823 0 0.00 617 9 1.46 5 4 617 0 0.00 617 0 0,00 617 148 23.99 86 59 3 617 0 0,00 617 0 0.00 6 0 0,00 6 0 0.00 6 0 UO 6 0 6.00 6 0 0.00 6 0 0.00 1988 56 2.82 34 21 1 1988 0 0.00 Data Refreshed: 3113/2013 12:53 AM Precinct Canvas March 12, 201 Page 1 of 4 PALM BEACH MUNICIPAL_2013_E Mayor - Seat #5 - DELRAY BEACH Precinct Canvas March 12, 201 Printed: Thursday, March 14, 2013 4:29 PM Data Refreshed: 3/13/2013 12:53 AM Page 2 of 4 A N 0. v o 0 c o o E C Q m 0 y m 0 4094 TC -Early Voting 1988 0 0.00 ADA 4094 TO- Precinct 1985 414 20.82 160 252 2 4094 TC- PrecinctADA 1958 0 0.00 4094 TC- Provisional 1988 0 0,00 4096 TC- Absentee 703 6 0.85 5 1 4096 TC -Larly Voting 703 0 0.00 4096 TG-Early Voting 703 0 0.o0 ADA 4096 TO-Precinct 703 45 6.40 35 8 1 4096 TC- PrecinctADA 703 0 0.00 4096 TC- Provisional 703 0 0.00 4098 TG- Absentee 2365 73 3.09 36 37 4098 TC -Early Voting 2365 0 0.00 4098 TC -Early Voting 2365 0 0.00 ADA 4098 TC- Precinct 2365 135 5.71 75 58 2 4098 TC- PrecinctADA 2365 0 0.00 4098 TC- Provisional 2365 0 0.00 4102 TC- Absentee 1493 66 4.42 20 46 4102 TC -Early Voting 1493 C 0.00 4102 TC -Early Voting 1493 0 0.00 ADA 4102 TC- Precinct 1493 373 24.95 111 261 1 4102 TC- PrecinctADA 1493 0 0.00 4102 TC- Provisional 1493 0 0.00 4104 TC- Absentee 1927 94 4.88 35 57 4104 TC -Early Voting 1927 0 0.00 4104 TC -Early Voting 1927 0 O.DO ADA 4104 TO- Precinct 1927 189 9.81 92 90 1 4104 TO- PrecinctADA 1927 0 0.00 4104 TC- Provisional 1927 1 0.05 1 4106 TC- Absentee 1124 47 4.18 26 21 4106 TC -Early Voting 1124 0 0.00 4106 TC -Early Voting 1124 0 0.00 ADA 4106 TC- Precinct 1124 149 1126 82 57 4106 TC- PrecinctADA 1124 0 0.00 4106 TC- Provisional 1124 0 0.00 4108 TC- Absentee 1242 36 2.90 17 19 4108 TC -Early Voting 1242 0 0.00 4108 TC -Early Voting 1242 0 0.00 ADA 4108 TG- Precinct 1242 187 15.06 85 100 2 4106 TO-Precinct ADA 1242 0 0.00 4108 TC,Provisionai 1242 0 0.00 4110 TC- Absentee 1105 49 4.43 20 27 2 4110 TC -Early Voting 1105 0 0.00 4110 TG-Early Voting 1105 0 0.no ADA 4110 TC- Precinct 1105 182 16:47 73 106 3 Printed: Thursday, March 14, 2013 4:29 PM Data Refreshed: 3/13/2013 12:53 AM Page 2 of 4 PALM BEACH MUNICIPAL-2043_E Mayor - Seat ##5 - DELRAY BEACH Precinct Canvas March 12,201 Page 3 of 4 X v Q w o m m � c o ° E `C w m � O m N 4110 TC- Prec]notADA 1105 0 0.00 4110 TO-Provisional 1105 1 0.09 1 4112 TC- Absentee 2012 132 6.56 61 70 4112 TO-Early Voting 2012 0 0.00 4112 TC -Early Voting 2012 0 0.0.0 ADA 4112 TC- Precinct 2012 437 21.72 144 291 2 4112 TC- PrecinctADA 2012 0 0.00 4112 TC- Provisional 2012 2 0.10 1 1 4114 TC- Absentee 2097 52 2.48 21 30 1 4114 TC -Early Voting 2097 0 0.00 4114 TC -Early Voting 2097 0 0.00 ADA 4114 TC- Precinct 2097 179 8.54 74 104 1 4114 TC- PrecinctADA 2097 0 0.00 4114 TO-Provisional 2097 0 0.00 4118 TC- Absentee 1867 17 0.91 6 11 4118 TC -Early Voting 1867 0 a.00 4118 TO- EariyVoting 1867 0 0.00 ADA 4118 TC-Precinct 1867 127 6.80 44 79 4 4118 TC- PrecinctADA 1667 0 0.00 4118 TC- Provisional 1867 4 0.21 2 2 4120 TC- Absentee 1126 29 2.58 19 10 4120 TC -Early Voting 1126 0 0.00 4120 TO-Early Voting 1126 0 0.00 ADA 4120 TC- Precinct 1126 67 5.95 24 43 4120 TC- Precinct ADA 1126 0 0.00 4120 TC- Provisional 1126 1 0.09 1 4122 TC- Absentee 1743 19 1.09 8 11 4122 TC-Early Voting 1743 0 0.00 4122 TC -Early Voting 1743 0 0.6D ADA 4122 TC- Precinct 1743 146 8.38 73 67 6 4122 TC- Precinct ADA 1743 0 0.00 4122 TC- Provisional 1743 0 0.00 4124 TC Absentee 2058 13 0.63 8 5 4124 TG-Early Voting 2058 0 0.00 4124 TC -Early Voting 2058 0 0.00 ADA 4124 TC- Precinct 2058 88 4.28 46 42 4124 TO- PrecinctADA 2058 0 0.00 4124 TC- Provisional 2058 D 0.00 4126 TC- Absentee 2119 93 4.39 49 44 4126 TC -Early Voting 2119 0 U0 4126 TC -Early Voting 2119 0 0.00 ADA 4126 TC- precinct 2119 253 11.94 92 158 3 4126 TC- PrecinctADA 2119 0 0.00 4126 TC- Provisional 2119 0 0.00 Printed: Thursday, March 14, 2013 4:29 PM Data Refreshed: 3113/2013 12:53 AM Precinct Canvas March 12,201 Page 3 of 4 PALM BEACH MUNICIPAL 2013 E Mayor - Seat #5 - DEL.RAY BEACH Precinct Canvas March 12, 201 Printed: Thursday, March 14, 2013 4:29 PM Data Refreshed: 3/13/2013 12:53 AM Page 4 of 4 ;u m m o v o � 0 Z m O m m 5086 TG- Absentee 81 1 1.23 1 5086 TC -Early Voting 81 0 0.00 5086 TC -Early Voting 81 0 0.00 ADA 5086 TC- Precinct 81 2 2.47 2 5086 TG- PrecinctADA 81 0 4.00 5086 TC- Provisional 81 0 0.00 5088 TC- Absentee 390 4 1.03 1 3 5085 TC -Early Voting 390 0 0.00 5088 TC -Early Voting 390 0 0.00 ADA 5088 TC- Precinct 390 10 2.56 5 4 1 5088 TC- PrecinctADA 390 0 0.00 5088 TC- Provisional 390 0 0.00 5120 TC- Absentee 56 0 0.00 5120 TC -Early Voting 56 0 0.00 5120 TC -Early Voting 56 0 0.00 ADA 5120 TC- Precinct 56 0 0.00 5120 TC- Precinct ADA 56 0 0.00 5120 TC- Provisional 56 0 0.00 7494 TC- Absentee 1401 20 1.43 11 9 7194 TC -Early Voting 1401 0 0.00 7194 TC -Early Voting 1401 0 0.00 ADA 7194 TC- Precinct 1401 166 11.85 79 84 3 7194 TC- PrecinctADA 1401 C 0.00 7194 TC- Provisioral 1401 0 0.00 7196 TC- Absentee 2134 39 1.83 25 12 2 7196 TC -Early Voting 2134 0 0.00 7196 TC -Early Voting 2134 0 100 ADA 7196 TC- Precinct 2134 188 8.81 136 41 11 7195 TC-PrecinctADA 2134 0 0.00 7196 TC- Provisional 2134 0 0.00 7198 TG- Absentee 121 9 7.44 8 1 7198 TC -Early Voting 121 0 0.00 7198 TC -Early Voting 121 0 0.00 ADA 7198 TG-Precinct 121 11 9.09 7 4 7198 TO- PrecinctADA 121 0 0.00 7198 TG- Provisional 121 0 0.00 7200 TC- Absentee 1682 65 3.86 43 22 7200 TC -Early Voting 1682 0 0,00 7200 TC -Early Voting 1682 0 0.00 ADA 7200 TC- Precinct 1682 178 10,58 148 26 4 7200 TC-Precinct ADA 1682 0 0.00 7200 TO-Provisional 1682 0 0.00 7202 TG Absentee 1242 16 1.29 6 10 7202 TC -Early Voting 1242 0 0.00 Printed: Thursday, March 14, 2013 4:29 PM Data Refreshed: 3/13/2013 12:53 AM Page 4 of 4 PALM BEACH MUN I CI PAL_2013_E 7202 7202 7202 7202 7204 7204 7204 7204 7206 7206 7206 7206 7205 7208 7208 7208 7208 7208 7210 7210 7210 7210 7210 7210 7212 7212 7212 7212 7212 7212 7214 7214 7214 7214 7214 7214 Mayor - Seat #5 - DELRAY BEACH TC -Early Voting ADA TC- Precinct TC -Preci nct ADA TG- Provisional TC- Absentee TO-Early Voting TG-Eariy Voting ADA TC- Precinct TC- Precinct ADA TC- Provisional TC- Absentee TG -Early Voting TG-Early Voting ADA TO-Precinct TC- Precinct ADA TC- Provisional TC- Absentee TC -Early Vofing TC -Early Voting ADA TC- Precinct TC- Precinct ABA TC- Provisional TC- Absentee TC -Early Voting TO-Early Voting ADA TC- Precinct TG-Precinct ADA TC- Provisional TG-Absentee TC -Early Voting TC -Early Voting ADA TC- Precinct TC- Precinct ADA TC- Provisional TC- Absentee TG-Early Voting TC -Early Voting ADA TC- Precinct TC- Precinct ABA TG- Provislonai TC -Early Voting TC -Early Voting ABA TO- Precinct Printed. Thursday, March 14, 20134:29 PM N L:I o m 9 N. 3 O a () K n v n N O Ian Cm CL fop 1242 0 0.00 1242 125 10.06 50 62 13 1242 0 0.00 1242 0 0.00 164 3 1.83 3 164 0 6.00 164 0 0.00 164 16 9,76 6 10 164 0 0.00 164 0 0.00 179 5 2.79 s 179 0 0.00 179 0 0.00 179 33 18.44 13 20 179 0 0.00 179 0 0.00 1083 53 4.89 26 25 1 1 1083 0 0.00 1083 0 0.00 1083 112 1034 63 49 1083 0 0.00 1083 0 0.00 1984 32 1.61 24 8 1984 0 0.00 1984 0 0.00 1984 120 6.05 98 20 2 1984 0 0.00 1984 0 0,00 1968 28 1.42 21 6 1 1968 0 0.00 1958 0 0.00 1968 138 7.01 94 35 9 1968 0 0.00 1968 0 0,00 1534 25 1.63 17 8 1534 0 0.00 1534 0 0.00 1534 71 4.63 48 18 5 1534 0 0.00 1534 0 0.00 44923 1269 2.82 622 636 1 10 44923 0 0.00 44923 0 0.00 44923 49571 11.101 1 23311 25711 85 Data Refreshed_ 3113/2013 12:53 AM Precinct Canvas March 12, 201 Page 5 of 4 PALM BEACH MUNICIPAL_2013_E Mayor - Seat ##5 - DELRAY BEACH Precinct Canvas March 12, 201 STATE OF FLORIDA COUNTY OF PALM BEACH 1, SUSAN BUCHER, SUPERVISOR OF ELECTIONS, HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF THE RECORDS ON FILE IN THIS OFFICE. WITNESS MY AND AND SEAS. THIS I5 DAY OF yt ,20 . SUSAN BUCHER SUPERVISOR OF ELECTIONS PALM EACH COUNTY, FLORIDA BY' A° Printed: Thursday, March 14, 2013 4:29 PM Data Refreshed: 311 31201 3 12:53 AM Page 6 of 4 n o n 0 C � v m TC- PreGlnctADA 44923 0 0.00 TO-Provisional 44923 10 C.02 5 5 Contest Total 44923 5266 13.95 2959 3212 1 95 STATE OF FLORIDA COUNTY OF PALM BEACH 1, SUSAN BUCHER, SUPERVISOR OF ELECTIONS, HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF THE RECORDS ON FILE IN THIS OFFICE. WITNESS MY AND AND SEAS. THIS I5 DAY OF yt ,20 . SUSAN BUCHER SUPERVISOR OF ELECTIONS PALM EACH COUNTY, FLORIDA BY' A° Printed: Thursday, March 14, 2013 4:29 PM Data Refreshed: 311 31201 3 12:53 AM Page 6 of 4 PALM BEACH MUNICIPAL- 2013_E Comm Member Seat 1 2Yr - DELRAY BEACH C o a (D 2D C C 0 0 m m Vi' N 1 0 3 4 3 5 8 12. Precinct Canvas March 12, 201 Page 7 of 4 m a n O c a V' p a Cn T m >v 4058 TC- Absentee 147 6 4.08 3 2 4058 TC -Farly Voting 147 6 0.00 4058 TG-Early Voting 147 0 0.00 ADA 4058 TC- Precinct 147 37 25.17 15 21 4058 TO- Precinct ADA 147 0 0.00 4058 TC- Provislonal 147 0 0.00 4074 TG Absentee 975 28 2.87 2 11 13 4074 TC -Early Voting 975 0 0.00 4074 TC -Early Voting 975 0 0.00 ADA 14074 TC- Precinct 975 103 10.56 18 34 48 4074 TC- PreclnctADA 975 0 0.00 4074 TC- Provisional 975 1 0.10 1 4076 TC Absentee 1163 16 1.38 3 7 6 4076 TC -Early Voting 1163 0 0,00 4076 TG -Early Voting 1163 0 0.00 ADA 4076 TG-Precinct 1163 159 13.67 17 48 90 4076 TC- Precinct ADA 1163 0 0.00 4076 TC- Provisional 1163 0 0,00 4086 TC- Absentee 1204 23 1.91 1 7 15 4086 TC -Early Voting 1204 0 0.00 4086 TC -Early Voting 1204 0 0.00 ADA 4086 TC- Precinct 1204 154 12.79 24 30 97 4086 TC- Precinct ADA 1204 0 0.00 4086 TO- Provisional 1204 0 0.00 4088 TC- Absentee 1823 105 516 7 39 54 4088 TC -Early Voting 1823 0 0.00 4088 TO-Early Voting 1823 0 0.00 ADA 4088 TC- Precinct 1823 245 13.44 12 90 135 4088 TC- Precinct ADA 1823 0 0.00 4088 TC- Provisional 1823 0 0.00 4090 TO-Absentee 617 9 1.46 1 2 6 4090 TC -Early Voting 617 0 0.00 4090 TC -Early Voting 617 0 0,00 ADA 4090 TC- Precinct 617 148 23.99 15 42 79 4090 TC- Precinct ADA 617 0 0.00 4090 TC- Provisional 617 0 0,00 4092 TO- Absentee 6 0 0.00 4092 TG-Early Voting 6 0 0.00 4092 TC -Early Voting 6 0 0.00 ADA 4092 TC- Precinct 6 0 0.00 4092 TC- PrecinctADA 6 0 0.00 4092 TC- Provisional 6 0 0.00 Printed: Thursday, March 14, 2013 4:29 PM Data Refreshed: 3/1312013 12:53 AM C o a (D 2D C C 0 0 m m Vi' N 1 0 3 4 3 5 8 12. Precinct Canvas March 12, 201 Page 7 of 4 PALM 13EACH M U N IC 1 PAL_2013_E Cornet Member Seat 1 2Yr - DELRAY BEACH Printed: Thursday, March 14, 2013 4:29 PM 0.00 7 C m n 4094 TO-Absentee 1988 409.4 TC -Early Voting 1988 4094 TC -Early Voting 1986 18 ADA X 4094 TC- Precinct 1988 4094 TC- PrecinctADA 1988 4094 TC- Provisional 1988 4096 TC- Absentee 703 4096 TC -Early Voting 703 4096 TC -Early Voting 703 ADA r- 4096 TC- Precinct 703 4096 TC-Precinct ADA 703 4096 TC- Provisional 703 4098 TC- Abs.entee 2365 4098 TO-Early Voting 2365 4098 TC -Early Voting 2365 ADA 0 4098 TO-Precinct 2365 4098 TC- PrecinctADA 2365 4098 TC- Provislonal 2365 4102 TC- Absentee 1493 4102 TO- EariyVoting 1493 4102 TC -Early Voting 1493 14 ADA 4 4102 TG-Precinct 1493 4102 TC- PrecinctADA 1493 4102 TC- Provisional 1493 4104 TC Absentee 1927 4104 TG-Early Voting 1927 4104 TC -Early Voting 1927 0.00 ADA 4104 TC- Precinct 1927 4104 TC- Precinct ADA 1927 4104 TC- Provisional 1927 4106 TO Absentee 1124 4106 TG-Early Voting 1124 4106 TC- EarlyVotng 1124 9 ADA 62 4106 TC- Precinct 1124 4106 TC- PrecinctADA 1124 4106 TC- Provisional 1124 4108 TC- Absentee 1242 4108 TC -Early Voting 1242 4108 TC -Early Voting 1242 ADA 1 4108 TC- Precinct 1242 4108 TC- PrecinctADA 1242 4108 TC-Provisional 1242 Printed: Thursday, March 14, 2013 4:29 PM 0 0.00 n 0 0.00 414 20,62 18 120 X 0 0.00 0 O.Do 6 0.85 2 4 0 0.00 7r r- m v Cr - 0 37 2 0 0.00 c a D 0.00 73 0 3 15 o 0 0 0.00 s a 0 0.00 _ 5.71 56 2.62 10 14 28 4 0 0.00 0 0.00 414 20,62 18 120 263 0 0.00 0 O.Do 6 0.85 2 4 0 0.00 0 0.0D 45 6.40 37 2 0 0.00 D 0.00 73 3.09 15 15 35 0 0.00 0 0.00 135 5.71 25 27 80 0 0,00 0 0.00 6e 4.42 3 15 42 0 0.00 0 0.00 373 24.98 16 62 271 0 0.00 a 0.00 94 4.88 9 18 62 0 0.00 D 0.00 189 9,81 11 66 105 0 0.00 1 0.05 1 47 4.16 9 15 22 0 D.00 0 0,00 149 1126 16 51 77 0 0.00 a 0.00 36 2.90 4 13 15 0 0.00 D 0.00 187 15.06 17 73 90 0 0.00 0 0.00 Data Refreshed: 3/13/2013 12:53 AM 13 8 3 11 5 24 5 I F 3 4 7 Precinct Canvas March 12, 201 Page 8 of PALM BEACH MUNICIPAL 2013_E Comm Member Seat 1 2Yr - DELRAY BEACH Precinct Canvas March 12, 201 Printed: Thursday, March 14, 2013 4:29 PM Data Refreshed: 311 31201 3 12:53 AM Page 9 of 4 s n x CD 0 0 4110 TG Absentee 1105 49 4.43 6 14 22 7 4110 TC -Early Voting 1105 0 0.00 4110 TC - Early Voting 1105 0 0.00 ADA 4110 TC- Precinct 1105 182 16.47 22 49 98 1 12 4110 TC- PrecinctADA 1105 0 0.00 4110 TO-Provisional 1105 1 0.09 1 4112 TC- Absentee 2012 132 6.56 17 31 73 i 4112 TC -Early Voting 2012 0 0.00 4112 TO-Early Voting 2012 0 0.00 ADA 4112 TC- Precinct 2012 437 21.72 33 103 283 1 B 4112 TC- PrecinctADA 2012 0 0.00 4112 TC- Provisional 2012 2 0.10 1 1 4114 TC- Absentee 2097 52 2.48 1 27 19 5 4114 TC -Early Voting 2097 0 0.00 4114 TC -;_ arty Voting 2097 0 0.00 ADA 4114 TC- Precinct 2097 179 8.54 17 44 106 12 4114 TC- Precinct ADA 2097 0 0,00 4114 TC- Provisional 2097 0 0.00 4118 TC- Absentee 1567 17 0.91 3 5 9 4118 TC -Early Voting 1867 0 0.00 4118 TC -Early Voting 1867 0 0.00 ADA 4118 TC- Precinct 1867 127 6.80 12 33 74 8 4118 TC- PrecinctADA 1867 0 0.00 4118 TC- Provisional 1867 4 0.21 1 1 2 4120 TO-Absentee 1126 29 2.58 3 8 18 4120 TO-Early Voting 1126 0 0.00 4120 TC -Early Voting 1126 0 0.00 ADA 4120 TC- Precinct 1126 67 5.95 6 13 47 1 4120 TC- PrecinctADA 1126 0 0.00 4120 TC- Provisional 1126 1 0.09 1 4122 TG- Absentee 1743 19 1.09 3 3 13 4122 TC -Early Voting 1743 0 0.00 4122 TC -Early Voting 1743 0 0.00 ADA 4122 TC- Precinct 1743 146 8.36 41 31 73 1 4122 TC- PrecinctADA 1743 0 0.00 4122 TC- Provisional 1743 0 0.00 4124 TC Absentee 2058 13 0.63 5 8 4124 TC -Early Voting 2058 0 0.00 4124 TG-Early Voting 2058 D 0.00 ADA 4124 TO-Precinct 2058 68 4.28 12 19 53 4 4124 TC- Precinct ADA 2058 0 0.00 4124 TC- Provisional 2058 0 0.00 Printed: Thursday, March 14, 2013 4:29 PM Data Refreshed: 311 31201 3 12:53 AM Page 9 of 4 PALM BEACH Precinct Canvas MUNICIPAL 2013 F March 12, 201 Comm Member Seat 1 2Yr - DEL.RAY BEACH o- p o fl m N o N Rl a CD 4126 TC- Absentee 2119 93 4.39 8 23 61 1 4126 TC Early Voting 2119 0 0.00 4126 TG-Early Voting 2119 0 0,00 ADA 4126 TC- Precinct 2119 253 11.94 16 63 169 5 4126 TC- PrecinctADA 2119 0 0.00 4126 TC- Provisional 2119 0 0.00 5086 TO-Absentee 81 1 1.23 1 5086 TC -Early Voting 81 0 0.00 5056 TO-Early Voting B1 0 0.00 ADA 5086 TG- Precinct 81 2 2.47 2 5086 TC- Precinct ADA 81 0 0.00 6086 TC- Provisional 81 0 0.00 5086 TC- Absentee 390 4 1.03 4 5088 TC -Early Voting 390 0 0.00 5088 TC -Early Voting 390 0 0.00 ADA 5088 7C-Precinct 390 10 2.55 1 3 4 2 5088 TC- Precinct ADA 390 ❑ 0.00 5088 TC- Provisional 390 0 0.00 5120 TC- Absentee 56 0 100 5120 TC -Early Voting 56 0 0.00 5120 TG-EarlyVoting 56 0 0.00 ADA 5126 TC- Precinct 56 0 0,00 5120 TG- PrecinctADA 56 0 0.00 5120 TC- Provisional 56 0 0.00 7194 TC- Absentee 1401 20 1.43 2 3 14 1 7194 TG -Early Voting 1401 0 0.00 7194 TC -Early Voting 1401 0 0.00 ADA 7194 TC- Precinct 1401 166 11.85 39 48 73 6 7194 TC- PrecinctADA 1401 0 0.00 7194 TC- Provisional 1401 0 0.00 7196 TC- Absentee 2134 39 1.83 13 9 15 2 71 96 TC -Early Voting 2134 0 0.00 7196 TC- Eat €y Voting 2134 0 0.00 ADA 7196 TC- Precinct 2134 188 8.81 135 15 37 1 7196 TC- Precinct ADA 2134 0 0.00 7196 TC- Provisional 2134 0 0.00 7198 TC- Absentee 121 9 7.44 2 2 5 7195 TC -Early Voting 121 0 0.00 7198: TO-Early Voting 121 0 0,00 ADA 7198 TC- Precinct 121 11 9.09 4 2 4 1 7198 TG- Precinct ADA 121 0 0.00 7198 TC- Provisional 121 0 0.00 Printed- Thursday, March 14, 2013 4:29 PM Data Refreshed? 3/13/2013 12:53 AM Page 10 of 4 PALM BEACH Precinct Canvas MUNICIPAL 2013E March 12, 201 Comm Member Seat i 2Yt- - DELRAY BEACH CD n O. m -_ N a n ' n Q 3 Q a � CD � 7r N C 0 0 n d 0 y 7200 TC- Absentee 1682 55 3.86 17 12 35 1 7200 TC- EarlyVotirg 1682 0 0,00 7200 TC -Early Voting 1682 0 0.00 ADA 7200 TC- Precinct 1682 178 10.58 54 25 93 6 7200 TGPrecinctADA 1682 0 0.00 7200 TC- Provisional 1682 0 0.00 7202 TC- Absentee 1242 16 1.29 6 5 5 7202 TC -Early Voting 1242 0 0.00 7202 TC -Eariy Voting 1242 0 0.00 ADA 7202 TC- Precinct 1242 125 10.06 35 35 50 1 4 7202 TC- Precinct ADA 1242 0 0.00 7202 TC- Provisional 1242 0 0.00 7204 TC- Absentee 164 3 9.83 3 7204 TC -Early Voting 164 0 0.00 7204 TC -Early Votng 164 0 0.00 ADA 7204 TC- Precinct 164 16 9,76 7 8 1 7204 TC- Precinct ADA 164 0 0.00 7204 TC- Provisional 164 0 0.00 7205 TC- Absentee 179 5 2.79 2 3 7206 TC -Early Voting 179 0 0.00 7206 TC -Early Voting 179 0 0;00 ADA 7206 TC- Precinct 179 33 18.44 3 6 24 7206 TC- Precinct ADA 179 0 0.00 7206 TC- Provisional 179 0 0.00 7208 TC- Absentee 1083 53 4.89 14 12 21 1 5 7208 TC -Early Voting 1083 0 0.00 7208 TC -Early Voting 1083 0 0.00 ADA 7208 TG- Precinct 1083 112 10.34 50 31 24 7 7208 TGPrecinctADA 1083 0 0.00 7208 TC- Provisional 1083 0 0.00 7210 TC- Absentee 1984 32 1.61 9 4 19 7210 TC -Early Voting 1984 0 0.00 7210 TC -Early Voting 1584 0 0.00 ADA 7210 TC- Precinct 1984 120 6.C5 53 11 54 2 7210 TC- Precinct ADA 1984 0 0.00 7210 TC- Provisional 1984 0 0.00 7212 TO-Absentee 1968 28 1.42 9 8 10 1 7212 TC -Eariy Voting 1968 0 0.00 7212 TO-Early Voting 1968 0 0,00 ADA 7212 TC- Precinct 1958 138 7.01 74 22 36 6 7212 TC- PreclrictADA 1968 0 0.00 7212 TC- Provisional 1968 0 0.00 Printed: Thursday, March 14, 2013 4:29 PM Data Refreshed: 3/13/2013 12:53 AM Page 11 of 4 PALM BEACH MUNICIPAL-2013_E Coma Member Seat 12Yr - DELRAY BEACH Precinct Canvas March 12, 201 STATE OF FLORIDA COUNTY OF PALM BEACH I, SUSAN BUCHER, SUPERVISOR OF ELECTIONS, HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF THE RECORDS ON FILE IN THIS OFFICE, WIT SS MY HAND ANDryry((SEAL, THIS 15 DAY OF r 20 .UP.L r SUSAN BUCHER SUPERVISOR OF ELECTIONS PAL BEACH COUNTY, FLORIDA - BY• Printed Thursday, March 14, 2013 4:29 PM Data Refreshed: 3/13/2013 12:53 AM Page 12 of 4 G x s x � O 0 � 0 7214 TC- Absentee 1534 25 1.83 1 8 15 1 7214 TO-Early Votirg 1534 0 0.00 7214 TC -Early Voting 1534 0 0.00 ADA 7214 TC- Precinct 1534 71 4.63 46 12 13 7214 TC- Precinct ADA 1534 0 0 -00 7214 TC- Provisional 1534 0 0.00 TG Absentee 44923 1269 2.82 151 347 669 2 70 TC -Early Voting 44923 0 0.00 TC -Early Voting ADA 44923 0 0.00 TC- Precinct 44923 4987 11.10 881 1234 2684 3 185 7C-Precinct ADA 44923 0 0.00 TC- Provisional 44923 10 0 -02 2 2 5 1 Contest Total 44923 6266 13.95 1064 1583 3358 5 256 STATE OF FLORIDA COUNTY OF PALM BEACH I, SUSAN BUCHER, SUPERVISOR OF ELECTIONS, HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF THE RECORDS ON FILE IN THIS OFFICE, WIT SS MY HAND ANDryry((SEAL, THIS 15 DAY OF r 20 .UP.L r SUSAN BUCHER SUPERVISOR OF ELECTIONS PAL BEACH COUNTY, FLORIDA - BY• Printed Thursday, March 14, 2013 4:29 PM Data Refreshed: 3/13/2013 12:53 AM Page 12 of 4 PALM BEACH MUNICIPAL-2013_L Delray Beach - Question 1 Precinct Canvas March 12, 201 Printed: Thursday, March 14, 2013 4:29 PM Data Refreshed: 311 31201 3 12:53 AM Page 13 of 4 @ a y D m a n (} E O m o 71 m m O O 4058 TC- Absentee 147 6 4.08 6 4058 TC -Early Voting 147 0 0.00 4058 TC -Early Voting 147 0 0.00 ADA 4058 TC- Precinct 147 37 25.17 33 3 1 4058 TC- PrecinctADA 147 0 0.00 4058 TO- Provisional 147 0 0.00 4074 TC- Absentee 975 28 2.87 22 4 2 4074 TC -Early Voting 975 0 0.00 4074 TC -Early Voting 975 0 0.00 ADA 4074 TC- Precinct 975 103 10.56 92 9 2 4074 TC- PrecinctADA 975 0 0.00 4074 TC- Provisional 975 1 0.10 1 4076 TC- Absentee 1163 16 1.38 14 2 4076 TC -Early Voting 1163 0 0.00 4076 TC -Early Voting 1163 0 0.00 ADA 4076 TC- Precinct 1163 159 1167 132 13 14 4076 TC- Precinct ADA 1163 0 0.00 4076 TC- Provisional 1163 0 0.00 4086 TC- Absentee 1204 23 1.91 23 4086 TO-Early Voting 1204 0 0.00 4086 TG -Early Voting 1204 0 0.00 ADA 4086 TC- Precinct 1204 154 12.79 133 11 10 4085 TC- PTecinctADA 1204 0 0.00 4086 TG-Provisional 1204 0 0.00 4088 TC- Absentee 1823 105 5.76 97 3 5 4088 TC -Early Vofing 1823 0 0.00 4088 TC -Early Voting 1823 0 0.00 ADA 4088 TC- Precinct 1823 245 13.44 220 12 13 4088 TC- Precinct ADA 1823 0 0.00 4088 TC- Provisional 1823 0 0.00 4090 TC- Absentee 617 9 1.46 9 4090 TC -Early Voting 617 4 0.00 4090 TC -Early Voting 617 0 0.00 ADA 4090 TC- Precinct 617 148 23.99 128 7 1 12 4090 TC- PrecinctADA 617 0 0.00 4090 TC- Provisional 617 0 0.00 4092 TC- Absentee 6 0 0.00 4092 TC -Early Voting 6 0 0.00 4092 TC -Early Voting 6 0 0,00 ADA 4092 TC- Precinct 6 0 0.00 4092 TC- PrecinctADA 6 0 0,00 4092 TC- Provisional 6 0 0.00 4094 TC- Absentee 1988 56 2.82 47 4 1 4 4094 TC -Early Voting 1968 0 0.00 Printed: Thursday, March 14, 2013 4:29 PM Data Refreshed: 311 31201 3 12:53 AM Page 13 of 4 PALM BEACH M U N I CI PAL_2013_E Delray Beach - Question I Precinct Canvas March 12, 201 Printed: Thursday, March 14, 2013 4:29 PM Data Refreshed: 3/13/2013 12:53 AM Page 14 of 4 N m a y C1 w .fO, a m m z Cn O O O N r@n 4094 TC -Eariy Voting 1988 0 0.00 ADA 4094 TC- Precinct 1988 414 24.82 366 32 14 4094 TC- Precinct ADA 1988 0 0.00 4094 TC- Provisional 1988 0 0.64 4096 TC- Absentee 703 6 0.55 5 1 4096 TC -Early Vcting 703 0 0.00 4096 TC -Early Voting 703 0 0.00 ADA 4D96 TO-Precinct 703 45 6.40 29 7 9 4096 TG PrecinctADA 703 0 0.00 4095 TC- Provisional 703 0 0.00 4098 TC- Absentee 2365 73 3.09 67 4 2 4098 TC -Early Voting 2365 0 0.00 4098 TC -Early Voting 2365 0 0.'00 ADA 4098 TC- Precinct 2365 135 531 121 6 8 4098 TC- PrecinctADA 2365 0 0.00 4098 TO-Provisional 2365 0 0.00 4102 TC- Absentee 1493 65 4.42 52 11 3 4102 TC -Early Voting 1493 0 0.00 4102 TC -Eariy Voting 1493 0 0.00 ADA 4102 TC- Precinct 1493 373 24.98 320 33 20 4102 TC- PrecinctADA 1493 0 Mo 4102 TC- Provisicnal 1493 6 0.00 4104 TC Absentee 1927 94 4.88 85 3 6 4104 TC -Early Voting 1927 0 D.CC 4104 TC -Early Voting 1927 0 0.06 ADA 4104 TC- Precinct 1927 189 9.81 174 5 1 D 4104 TC- PrecinctADA 1927 0 0.00 4104 TO-Provisional 1927 1 0.05 1 4106 TC- Absentee 1124 47 4.18 45 1 1 4106 TC -Early Voting 1124 0 0.00 4106 TC -Early Voting 1124 0 0.00 ADA 4106 TC- Precinct 1124 149 13.26 130 17 2 4106 TC- PrecinctADA 1124 0 0.00 4106 TC- Provisional 1124 0 0.00 4108 TC- Absentee 1242 36 2.90 31 4 1 4108 TG-Early Voting 1242 0 0.00 4105 TC -Early Voting 1242 0 0.00 ADA 4106 TC- Precinct 1242 187 15,06 171 7 9 4108 TC- PrecinctADA 1242 0 0.00 4108 TC- Provisional 1242 0 0.0c 4110 TC- Absentee 1105 49 4.43 45 3 1 4110 TC -Early Voting 1105 0 0.60 4110 TC -Early Voting 1105 0 0.00 ADA 4110 TC- Precinct 1105 182 16.47 165 7 10 Printed: Thursday, March 14, 2013 4:29 PM Data Refreshed: 3/13/2013 12:53 AM Page 14 of 4 PALM BEACH M U N ICIPAL_2013_E Delray Beach - Question 7 Precinct Canvas March 12, 201 Printed: Thursday, March 14, 2013 4:29 PM Data Refreshed: 3/13/2013 12:53 AM Page 15 of 4 CD CD Q w O_ p c O 0 rr (n O W O Z O m a N D 4110 TC- PrecinctADA 1105 0 0.00 4110 TC- Provisional 1105 1 0.09 1 4112 TC- Absentee 2012 132 6.56 115 9 8 4112 TC -Eariy Voting 2012 0 0.00 4112 TC -Early Voting 2012 0 0.00 ADA 4112 TC- Precinct 2012 437 21.72 388 32 17 4112 TC- Precinct ADA 2012 0 0.00 4112 TG- Provisional 2012 2 0.10 2 4114 TC- Absentee 2097 52 2.48 48 2 2 4114 TC -Early Voting 2097 0 0.00 4114 TC -Early Voting 2097 0 0.00 ADA 4114 TC- Precinct 2097 179 8.54 158 13 B 4114 TC- PrecinctADA 2097 0 0.00 4114 TO- Provisional 2097 0 0.00 4118 TC- Absentee 1867 17 0.91 12 3 2 4118 TC -Early Voting 1867 0 0.00 4118 TO-Eariy Voting 1867 0 C.00 ADA 4118 TC- Precinct 1667 127 6.80 116 6 5 4118 TC- Precinct ADA 1867 0 0.00 4118 TC- Provisional 1867 4 0.21 4 4120 TC- Absentee 1126 29 2.58 26 2 1 4120 TG-Early Voting 1126 0 .0.00 4120 TC -Early Voting 1126 0 0.00 ADA 4120 TC- Precinct 1126 67 5.95 60 3 4 4120 TC- PrecinctADA 1126 0 0.00 4120 TC- Provisional 1126 1 0..09 1 4122 TO-Absentee 1743 19 1.09 16 2 1 4122 TC -Early Voting 1743 0 0.00 4122 TC -Early Voting 1743 0 0.00 ADA 4122 TC- Precinct 1743 146 8.38 102 15 29 4122 TC- PrecinctADA 1743 0 0.00 4122 TC- Provisional 1743 0 0.00 4124 TG-Absentee 2058 13 0.63 13 4124 TC -Early Voting 2058 0 0.00 4124 TO-Early Voting 2058 0 0.00 ADA 4124 TC- Precinct 2058 88 4.28 76 11 1 4124 TC-Precinct ADA 2058 0 0.00 4124 TC- Provisional 2058 0 0,00 4126 TC Absentee 2119 93 4.39 79 11 3 4126 TC -Early Votfng 2119 0 0.00 4126 TC -Early Voting 2119 0 0.00 ADA 4125 TC- Precinot 2119 253 11.94 222 24 7 4126 TC- PrecinctADA 2119 0 .0.00 4126 TG- Provisional 2119 0 .0.00 5086 TC- Absentee 81 1 1.23 1 Printed: Thursday, March 14, 2013 4:29 PM Data Refreshed: 3/13/2013 12:53 AM Page 15 of 4 PALM BEACH MUNICIPAL-2013_E Delray Beach - Question 9 Precinct Canvas March 12, 201 Q N N PC v m Z a T [o O w 5086 TO-Early Voting 81 0 0.00 5086 TC -Early Voting 81 0 0.00 ADA 5086 TC- Precinct 81 2 2.47 1 1 5086 TG- PrecinctADA 81 0 0.00 5086 TC- Provisional 81 0 0.00 5088 TC- Absentee 390 4 1.03 4 5088 TC -Early Voting 390 0 0,00 5088 TC -Early Voting 390 0 0.00 ADA 5088 TC- Precinct 390 10 2.56 9 1 5088 TC- PrecinctADA 390 0 0.00 15088 TC- Provisional 390 0 0.00 5120 TO-Absentee 56 0 0.00 5120 TC -Early Voting 56 0 C.00 5120 TC -Early Voting 56 0 0.00 ADA 5120 TC- Precinct 56 0 0.00 5120 TC- Precinct ADA 56 0 0.00 5120 TG- Provisional 56 0 0.00 7194 TC- Absentee 1401 20 1.43 1 B 2 7194 TC -Early Voting 1401 0 0.00 7194 TC -Early Voting 1401 0 0.00 ADA 7194 TC- Precinct 1401 166 11.85 135 7 24 7194 TC-Precinct ADA 1401 0 0.00 7194 TC- Provisional 1401 0 0.00 7196 TC- Absentee 2134 39 1.83 35 2 2 7196 TC -Early Voting 2134 0 0.00 7195 TC -Early Voting 2134 0 0.00 ADA 7196 TC- Pre6nct 2134 188 8,81 120 21 1 46 7196 TC- PrecinctADA 2134 0 0.00 7196 TC- Provisional 2134 0 0.00 7198 TC- Absentee 121 9 7.44 7 2 7198 TC -Early Voting 121 0 0.00 7198 TO-Early Voting 121 0 0.00 ADA 7198 TC- Precinct 121 11 9.09 11 7198 TC- PrecinctADA 121 0 0.00 7196 TO- Provisional 121 0 0.00 7200 TC- Absentee 1682 65 3.86 57 6 1 1 7200 TC -Early Voting 1682 0 0.00 7200 TC -Early Voting 1682 0 0.00 ADA 7200 TC- Precinct 1682 178 10.58 151 17 10 7204 TC- PrecinctADA 1682 0 0.04 7200 TC- Provisional 1682 0 O.CO 7202 TG-Absentee 1242 16 1.29 15 1 7202 TC -Early Voting 1242 0 0.00 7202 TG -Early Voting 1242 0 0.00 ADA Printed: Thursday, March 14, 2013 4:29 PM Data Refreshed: 3/13/2013 12:53 AM Page 16 of 4 PALM BEACH MUNICIPAL-2013_E 7202 7202 7202 7204 7204 7204 7204 7204 7204 7206 7205 7206 7206 7206 7206 7208 7206 7208 7208 7208 7208 7210 7210 7210 7210 7210 7210 7212 7212 7212 7212 7212 7212 72144 7214 7214 7214 7214 7214 TC -Eariy Voting TG-Early Voting ADA TC- Precinct TC- Precinct ADA TC- Provisional Delray Beach - Question 1 TO- Precinct TC -P reci nct ADA TC- Provisional TC- Absentee TC -Early Voting TC -Early Voting ADA TC- Precinct TC- Precinct ADA TC- Provisional TC- Absentee TC -Early Voting TC -Early Voting ADA TC- Precinct TC- Precinct ADA TC- Provisional TG- Absentee TC -Early Voting TC -Early Voting ADA TC- Precinct TC- Precinct ADA TG-Provisional TC- Absentee TC -Early Voting TG-Early Voting ADA TC- Precinct TC- Precinct ADA TC- Provisional TC- Absentee TC -Early Voting TC -Early Voting ADA TO-Precinct TG-P reci nct ADA TC- Provisional TC- Absentee TC -Early Voting TC -Early Voting ADA TC- Precinct TG- Precinct ADA TC- Provisional ro N d ar 3 o m m z < m O m 4 1242 125 10.06 88 16 21 1242 0 0.00 1242 0 0.00 164 3 1.83 3 164 0 0.00 164 0 0.00 154 16 9.76 15 1 164 0 0.00 164 0 0,00 179 5 2.79 4 1 179 0 0.00 179 0 0.00 179 33 18.44 30 2 1 178 0 0.00 179 0 0.00 1083 53 4.89 47 3 3 1083 0 0.00 1083 0 0.00 1083 112 10.34 85 9 18 1083 0 0.00 1083 0 0.00 1984 32 1.61 27 3 2 19B4 0 0.00 1984 0 0.00 1984 120 6.05 96 15 9 1984 0 0.00 1984 0 0.00 1966 28 1,42 25 2 1968 0 0.00 1968 0 0.00 1968 138 7.01 103 12 23 1968 0 0.00 1968 0 0.00 1534 25 1.63 20 5 1534 0 0.00 1534 0 0.00 1534 71 4.63 54 2 15 1534 0 0.00 1534 0 0.00 44923 1269 2.82 1121 86 2 60 44923 0 0,00 44923 0 0,00 44923 4987 11.10 4236 375 2 374 44923 0 0.00 44923 10 0,02 9 1 Precinct Canvas March 12, 201 Printed: Thursday, March 14, 2013 4:29 PM Data Refreshed: 3/13/2013 12:53 AM Page 17 of 4 PALM BEACH MUNICIPAL-2013_E Delray Beach - Question I Precinct Canvas March 12, 201 STATE OF FLORIDA COUNTY OF PALM BEACH I, SUSAN BUCHER, SUPERVISOR OF ELECTIONS, HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF THE RECORDS ON FILE IN THIS OFFICE WITNESS MY HAND AND SEAL, THIS 115 DAY OF 20 SUSAN BUCHER SUPERVISOR OF ELECTIONS PAL BEACH COUNTY, FLORIDAd, , BY. A.�JLu Printed: Thursday, March 14, 2013 4:29 PM Data Refreshed: 3/13/2013 12.53 AM Page 18 of 4 c @ o m m T 0 0 v m z Contest Total 449231 6266 13.95 53661 4621 4 434 STATE OF FLORIDA COUNTY OF PALM BEACH I, SUSAN BUCHER, SUPERVISOR OF ELECTIONS, HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF THE RECORDS ON FILE IN THIS OFFICE WITNESS MY HAND AND SEAL, THIS 115 DAY OF 20 SUSAN BUCHER SUPERVISOR OF ELECTIONS PAL BEACH COUNTY, FLORIDAd, , BY. A.�JLu Printed: Thursday, March 14, 2013 4:29 PM Data Refreshed: 3/13/2013 12.53 AM Page 18 of 4 PALM BEACH MUNICIPAL-2013_E Precinct Canvas March 12,201 Delray Beach - Question 2 < � o E O m m N N m m 0 CD Q T � a 4058 TC- Absentee 147 6 4.08 4 1 1 4058 TC -Early Voting 147 0 0.00 4058 TC -Early Voting 147 0 0.00 ADA 4056 TC- Preclnct 147 37 25.17 22 14 1 4058 TO-Precinct ADA 147 0 0.00 4056 TC- Provisional 147 0 0.00 4074 TC- Absentee 975 28 2.87 18 8 2 4074 TC -Early Vofing 975 0 0.00 4074 TC -Early Voting 975 0 0.00 ADA 4074 TC- Precinct 975 103 1D.56 68 32 3 4074 TC- Precinct ADA 975 0 0.00 4074 TC- Provisional 975 1 0.10 1 4076 TC- Absentee 1163 16 1.38 10 6 4076 TO-Early Voting 1163 0 0.00 4076 TC -Early Voting 1163 0 0.00 ADA 4076 TC- Pre6nct 1163 159 13,67 107 42 10 4076 TC- Precinct ADA 1163 0 0.00 4076 TC- Provisional 1163 0 0.00 4085 TC- Absentee 1204 23 1.91 17 6 4086 TC -Early Voting 1204 0 0.00 4086 TC -Early Voting 1204 0 0,00 ADA 4086 TC- Precinct 1204 154 12.79 93 52 9 4086 TC- Precinct ADA 1204 a 0.00 4086 TO-Provisional 1204 0 0.00 4088 TC- Absentee 1823 105 5.76 69 32 4 4088 TC -Early Voting 1823 0 0.00 4088 TC -Early Voting 1623 0 0.00 ADA 4088 TC- Precinct 1823 245 13.44 176 58 11 4088 TC- Precinct ADA 1823 0 0.00 4086 TC- Provisional 1823 0 0.00 4090 TC- Absentee 617 9 1.45 8 1 4090 TC-Early Voting 617 0 0.00 4090 TC -Early Voting 617 0 0.00 ADA 4090 TO- Precinct 617 148 23.99 101 33 1 13 4090 TC- Precinct ADA 617 0 0.00 4090 TC- Provisional 617 0 0.00 4092 TC- Absentee 6 0 0.00 4092 TC -Early Voting 6 0 0.00 4092 TC -Early Voting 6 0 0.00 ADA 4092 TC- Precinct 6 0 0,00 4092 TC- PrecinctADA 6 0 0,00 4092 TC- Provisional 6 0 0.00 4694 TC- Absentee 1988 56 2.82 35 18 3 4094 TC -Early Voting 1988 0 0.00 Printed: Thursday, March 14, 2013 4:29 PM Data Refreshed: 3/1312013 12:53 AM Page 19 of 4 PALM BEACH MUNICIPAL 2D13_E Delray Beach - Question 2 Precinct Canvas March 12,201 � m o N C1 w 0 ° < m o c ° c ° a ° 4094 TC -Early Voting 1988 0 0.00 ADA 4094 TC- Precinct 1968 414 20.82 243 159 12 4094 TC- PrecinctADA 1988 0 0.00 4094 TC- Provisional 1988 0 0.00 4095 TC- Absentee 703 6 0.85 4 2 4095 TC -Early Voting 703 0 0.00 4696 TC -Early Voting 703 0 0.00 ADA 4096 TC- Precinct 703 45 6.40 25 11 9 4096 TC- PrecinctADA 703 0 0 -00 4096 TC- Provisional 703 0 0.06 4098 TC- Absentee 2365 73 3.09 44 27 2 4096 TC -Early Voting 2365 0 0.00 4088 TC -Early Voting 2365 0 0.00 ADA 4098 TC- Precinct 2365 135 531 102 27 6 4096 TC- Precinct ADA 2365 0 100 4098 TC- Provisional 2365 0 0.00 4102 TC- Absentee 1493 66 4.42 33 31 2 4102 TC -Early Voting 1493 0 0.00 4102 TG-Early Voting 1493 0 0.00 ADA 4102 TC- Precinct 1493 373 24.9.8 237 118 18 4102 TG- Precinct ADA 4493 0 0.00 4102 TC- Provisional 1493 0 0.00 4104 TC- Absentee 1927 94 4.88 50 37 7 4104 TC -Early Voting 1927 0 0.00 4104 TC -Early Voting 1927 4 O.Do ADA 4104 TO-Precinct 1927 189 9.81 126 55 8 4104 TC- PrecinctADA 1927 0 0.00 4104 TC- Provisional 1927 1 0.05 1 4105 TC- Absentee 1124 47 4.18 32 14 1 4105 TC -Early Voting 1124 0 0.00 4106 TC -Early Voting 1124 0 0.00 ADA 4106 TC- Precinct 1124 149 13.26 104 44 1 4106 TC- PrecinctADA 1124 0 0.00 4106 TC- Provisional 1124 0 0.00 4108 TC- Absentee 1242 36 2.90 31 5 4108 TC -Early Voting 1242 0 O.OD 4108 TG -Early Voting 1242 0 0.00 ADA 4108 TC- Precinct 1242 187 15.06 130 49 8 4108 TC- PrecinctADA 1242 0 0,00 4108 TC- Provisional 1242 0 0.00 4110 TC- Absenteo 1105 49 4.43 36 12 1 4110 TC -Early Voting 1105 0 0.00 4110 TC -Early Voting 1105 0 0.00 ADA 4110 TC- Precinct 1105 182 16.47 126 44 12 Printed: Thursday, March 14, 2013 4:29 PM Data Refreshed: 3/13/2013 12:53 AM Page 20 of 4 PALM BEACH Precinct Canvas MUNICIPAL 2013E March 12, 201 ®e9eay Beach - Question 2 � m s N w o m z < (D 0 � 411 C TO- PrecinctADA 1105 0 0.00 4110 TC- Provisional 1105 1 0.09 1 4112 TC- Absentee 2012 132 6.56 96 27 9 4112 TC -Early Voting 2012 0 O.Do 4112 TC -Early Voting 2012 0 0,00 ADA 4112 TC- Precinct 2012 437 21.72 269 151 17 4112 TC- PrecinctADA 2012 0 0,00 4112 TG- Provisional 2012 2 0.10 1 1 4114 TC- Absentee 2097 52 2.48 37 14 1 4114 TC -Early Voting 2697 0 0.00 4114 TC -Early Voting 2097 0 0.00 ADA 4114 TC- Precinct 2097 179 8.54 118 52 1 8 4114 TC- PrecinctADA 2097 0 0.DO 4114 TC- Provisional 2097 ❑ 0.00 4118 TC Absentee 1857 17 0.91 12 3 2 4118 TG-Early Voting 1867 0 0.00 4118 TC -Early Voting 1867 0 0.00 ADA 411 B TC- Precinct 1867 127 6.80 88 34 5 4118 7C- PrecinotADA 1867 0 0.00 4118 TC- Provisional 1867 4 0.21 4 4120 TC- Absentee 1126 29 2.56 25 3 1 4120 TG-Early Voting 1126 0 O.OD 4120 TC,Early Voting 1126 0 O.OG ADA 4120 TC- Precinct 1126 67 5.95 43 21 3 4120 TC- PrecinctADA 1125 0 0.00 4120 TC- Provisional 1126 1 0.09 1 4122 TC- Absentee 1743 19 1.09 9 9 1 4122 TC -Early Voting 1743 C O.0❑ 4122 TC -Early Voting 1743 6 190 ADA 4122 TG-Precinct 1743 146 8.38 78 39 29 4122 TC- PrecinctADA 1743 0 0.00 4122 TC- Provisional 1743 0 0.00 4124 TC- Absentee 2058 13 0.63 8 5 4124 TC -Early Voting 2058 0 0.00 4124 TC -Early Voting 2058 0 0.00 ADA 4124 TC- Precinct 2058 88 428 55 32 1 4124 TC- PrecinctADA 2058 0 0.00 4124 TC- Provisionai 2058 0 0.00 4126 TC- Absentee 2119 93 4.39 65 25 3 4126 TC -Early Voting 2119 0 0.00 4126 TC -Early Voting 2119 0 0.00 ADA 4126 TC- Precinct 2119 253 11.94 172 75 6 4126 TC- Precinct ADA 2119 0 O.Co 4126 TC- Provisional 2119 0 0.00 5066 Tr- Absentee 61 1 1.23 1 Printed: Thursday, March 14, 2013 4:29 PM Data Refreshed: 3/13/2013 12:53 AM Page 21 of 4 PALM BEACH MUNICIPAL-2013_E Delray Beach - Question 2 z m CD a 5086 0.00 TC -Early Voting 81 5086 TC -Early Voting 81 o d 11 9.09 ADA m m � 5086 2.47 TC- Precinct 81 5086 TC- Precinct ADA 81 5086 0 0.00 TC- Provisional 61 5088 (mil TC- Absentee 390 5088 TC -Early Voting 390 5088 2 TG-Early Voting 390 0 0.00 ADA 5088 TC- Precinct 390 5086 TC- Precinct ADA 390 5088 2.56 TC -P rovisiona I 390 5120 TG- Absentee 56 5120 TC -Early Voting 56 5120 0.00 TC -Early Voting 56 ADA 0.00 5120 TC- Precinct 55 5120 0.00 TC- Precinct ADA 56 5120 TG-Provisional 56 7194 TC- Absentee 1401 7194 0.00 TC -Early Voting 1401 7194 TG-Early Voting 1401 ADA 7194 0.00 TC- Precinct 1401 7194 TG-Precinct ADA 1401 7194 8 TC- Provisional 1401 7196 0.00 TC- Absentee 2134 7196 TC- EariyVoting 2134 7196 TC -Early Voting 2134 166 11.85 ADA 89 7196 TC- Precinct 2134 7196 TC- Precinct ADA 2134 7196 0.00 TC- Provisional 2134 7198 TC- Absentee 121 7198 26 TC -Early Voting 121 7198 0.00 TG-Early Voting 121 ADA 0.00 7198 TC- Precinct 121 7198 TO-Precinct ADA 121 7198 TC- Provisional 121 7200 TC- Absentee 1682 7200 TC -Early Voting 1682 7200 TG-Early Voting 1682 ADA 7200 TC- Precinct 1682 7200 TC- PrecinctADA 1682 7200 TC- Provisional 1682 7202 TG Absentee 1242 7202 TC -Early Voting 1242 7202 TC -Early Voting 1242 ADA Printed: Thursday, March 14, 2013 4:29 PM m 0.00 7 2 r- 0 o < a o d 11 9.09 m m � y C 2.47 1 t7 0 a o 27 37 0 0.00 0 (mil O N a, 0 0.00 7 2 0 0.00 0 0.00 11 9.09 9 2 2 2.47 1 0 0.00 27 37 0 0.00 0 0.90 4 1.03 2 2 0 0.00 0 0.00 in 2.56 6 5 0 0.00 0 0.00 0 0.00 0 0.00 0 0.60 0 0.00 0 0.00 0 0.00 20 1.43 8 10 0 0.00 0 0.04 166 11.85 89 58 0 0.00 0 0.00 39 1.83 26 11 0 0.00 0 0.00 1 19 2 188 6.81 79 53 2I 54 0 0.00 1l 0 0.00 9 7.44 7 2 0 0.00 0 0.00 11 9.09 9 2 0 0.00 0 0.00 55 3.86 27 37 0 0.00 0 0.00 178 10.58 43 124 0 0.00 0 0.00 16 1,29 12 4 0 0.00 D 1 0.00 Data Refreshed: 3/1312013 12-53 AM F ff Precinct Canvas March 12, 201 Page 22 of 4 PALM BEACH MUNiCiPAL 2013 E De ➢ray Beach - Question 2 Precinct Canvas March 12, 201 p � v O N w 0O C m z o N N 7202 TC- Precinct 1242 125 1 D.06 68 36 21 7202 TG- PrecinctADA 1242 0 0.00 7202 TC- Provisional 1242 0 0.00 7204 TC- Absentee 164 3 1.83 2 1 7204 TC -Early Voting 164 0 0.00 7204 TC -Early Voting 164 0 0.00 ADA 7204 TC- Precinct 164 16 9.76 6 6 2 7204 TC- PrecinctADA 164 0 0,00 7204 TC- Provisional 164 0 0:00 7206 TC Absentee 179 5 2.79 2 3 7266 TC -Early Voting 179 0 0.00 7206 TC -Early Voting 179 0 0.00 ADA 7206 TO-Precinct 179 33 18.44 26 6 1 7206 TC- Precinct ADA 179 0 0.00 7206 TC- Provisional 179 0 0.00 7208 TC- Absentee 10B3 53 4.89 27 23 3 72DB TG-Early Voting 1083 0 0.00 7208 TC -Early Voting 1083 0 0.00 ADA 7208 TC- Precinct 1083 112 10.34 67 25 20 7208 TC- PrecinctADA 1083 0 0.00 7208 TC- Provisional 1083 0 0.06 7210 TO-Absentee, 1984 32 1.61 18 12 2 7210 TC -Early Voting 1984 0 0.00 7210 TC -Early Voting 1984 0 0.00 ADA 7210 TC- Precinct 1984 120 6.05 32 78 10 7210 TC- PrecinctADA 1984 0 0.00 7210 TC- Provisional 1984 0 0,00 7212 TC Absentee 1966 26 1.42 18 9 1 7212 TO-Early Voting 1968 0 0.00 7212 TG-Early Voting 1968 0 0.00 ADA 7212 TC- Precinct 1968 138 7.01 68 48 1 21 7212 TG-Precinct ADA 1958 0 0.0n 7212 TC- Provisional 1968 0 0.00 7214 TC Absentee 1534 25 1.63 14 7 4 7214 TC -Early Voting 1534 0 0.00 7214 TC -Early Voting 1534 0 0.00 ADA 7214 TC- Precinct 1534 71 4.63 34 21 16 7214 TO- PrecinctADA 1534 0 0.00 7214 TC- Provisional 1534 0 0.00 TC- Absentee 44923 1269 2.82 807 407 1 54 TC -Early Voting 44923 0 0 -00 TC -Early Voting ADA 44923 0 0.00 TC- PTecinct 44923 4987 11.10 3012 1604 5 366 TC- PrecinctADA 44923 0 0.00 TC- Provisional 44923 10 0.02 9 1 Printed: Thursday, March 14, 2013 4:29 PM Data Refreshed: 3/1312013 12:53 AM Page 23 of 4 PALM BEACH MUNICIPAL-2013 E Delray Beach - Question 2 Precinct Canvas March 12. 201 STATE OF FLORIDA COUNTY OF PALM BEACH I, SUSAN BUCHER, SUPERVISOR OF ELECTIONS, HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF THE RECORDS ON FILE IN THIS OFFICE. -++) W N SS MY HAND AND SEAL THIS r DAY OF 20 . SUSAN BUCHER SUPERVISOR OF ELECTIONS PAL[t' BEACH COUNTY, FLORIDA ll BY: A _ vy-- iLU Printed: Thursday, March 14, 2013 4:29 PM Data Refreshed: 3/13/2013 12:53 AM Page 24 of 4 o 0 < m m N- N o f� L7 Al ° Rl Z d (v 9 Q � CIJ ti r@n Contest Total 44923 62561 13.951 38281 20121 61 420 STATE OF FLORIDA COUNTY OF PALM BEACH I, SUSAN BUCHER, SUPERVISOR OF ELECTIONS, HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF THE RECORDS ON FILE IN THIS OFFICE. -++) W N SS MY HAND AND SEAL THIS r DAY OF 20 . SUSAN BUCHER SUPERVISOR OF ELECTIONS PAL[t' BEACH COUNTY, FLORIDA ll BY: A _ vy-- iLU Printed: Thursday, March 14, 2013 4:29 PM Data Refreshed: 3/13/2013 12:53 AM Page 24 of 4 PALM BEACH MUNICIPAL_2.013_E Delray Beach - Question 3 Precinct Canvas March 12, 201 Printed: Thursday, March 14, 2013 4:29 PM Data Refreshed: 3/13/2013 12:53 AM Page 25 of 4 m � N m a o m ID ID o �. � C O a m m 0 0 m � 0 O m 4058 TC- Absentee 147 6 4.08 3 2 1 4068 TG-Early Voting 147 0 0.00 4058 TC -Early Voting 147 0 0.00 ADA - 4058 TC- Precinct 147 37 25.17 17 17 3 4058 TC- Precinct ADA 147 0 0.00 4058 TC- Provisional 147 0 0.00 4074 TC- Absentee 975 28 2.87 16 11 1 4674 TG -Ea7iy Voting 975 0 0.00 4074 TC -Early Voting 975 0 0.00 AAA 4074 TC- Precinct 975 103 10.56 56 43 5 4074 TC- PrecinctADA 975 0 0.00 4074 TC- Provisional 975 1 D:10 1 4076 TC- Absentee 1163 16 1.38 10 6 4076 TC -Early Voting 1163 0 0.00 4076 TC -Early Voting 1163 0 0.00 ADA 4076 TC- Precinct 1163 159 13.67 85 61 13 4076 TC-Precinct ADA 1163 0 0.00 4076 TC- Provisional 1163 0 0.00 4086 TC- Absentee 1204 23 1.91 16 6 1 4086 TC -Early Voting 1204 0 0.00 4086 TC -Early Voting 1204 0 0.0c ADA 4086 TC- Precinct 1204 154 12.79 82 55 7 4086 TC- PrecinctADA 1204 0 0.00 4086 TC- Provisional 1204 0 0.00 4088 TC- Absentee 1823 105 5.76 59 36 10 4088 TC -Early Voting 1823 0 0.00 4088 TO-Early Voting 1823 0 D_00 ADA 4088 TC- Precinct 1823 245 13.44 157 73 5 4088 TC- PrecinctADA 1523 0 0.00 4088 TC- Provisional 1823 0 D.aD 4090 TC- Absentee 617 9 1.46 8 1 4090 TC -Early Voting 617 0 0.00 4090 TC -Early Voting 617 0 0.00 ADA 4090 TC- Precinct 617 148 2199 109 30 9 4090 TC- PrecinctADA 617 0 0.00 4090 TC- Provisional 617 0 0.0o 4092 TC- Absentee 6 0 0.00 4092 TO-Early Voting 6 0 0.00 4092 TC -Early Voting 6 0 0.00 ADA 4092 TC- Precinct 6 0 0.00 4092 TC- PrecinctADA 6 0 0.00 4092 TO-Provisional 6 0 0.00 4094 TC- Absentee 1988 56 2.82 34 18 4 4094 TC -Early Voting 1988 0 0.00 Printed: Thursday, March 14, 2013 4:29 PM Data Refreshed: 3/13/2013 12:53 AM Page 25 of 4 PALMBEACH M UN ICIPAL_2013_F Delray Beach - Question 3 Precinct Canvas March 12, 201 70 N Q W o m co z d o ir m 4094 TG-Early Voting 1988 0 0.00 ADA 4094 TC- Precinct 1988 414 20.82 213 172 29 4094 TC- Precinct ADA 1988 0 0.00 4094 TC- Provisional 1988 0 0.00 4096 TC- Absentee 703 6 0.85 4 2 4096 TC -Early Voting 703 0 0.00 4096 TC -Early Voting 703 0 0.00 ADA 4096 TC- Precinct 703 45 6.40 26 7 12 4096 TC- Precinct ADA 703 0 0.00 4096 TO-Provisional 703 0 0,00 4098 TC- Absentee 2365 73 3.09 44 27 2 4096 TC -Early Voting 2365 0 0.00 4098 TC -Early Voting 2365 0 0.00 ADA 4098 TC- Precinot 2365 135 5.71 93 33 9 4098 TC- PrecinctADA 2365 0 0.00 4098 TC- Provisional 2365 0 0.00 4102 TC- Absentee 1493 66 4.42 27 36 3 4102 TC -Early Voting 1493 0 0.00 4102 TC -Early Voting 1493 0 0.00 ADA 4102 TC- Precinct 1493 373 24.98 186 170 17 4102 TC- Precinct ADA 1493 0 0.00 4102 TC- Provisional 1493 0 0.00 4104 TC Absentee 1927 94 4,86 44 38 12 4104 TC -Early Voting 1927 0 0.00 4104 TC -Early Voting 1927 0 0.00 ADA 4104 TC Precinct 1927 189 9,81 112 73 4 4104 TC-Precinct ADA 1927 D 0.00 4104 TC- Provisional 1927 1 0.05 1 4106 TC- Absentee 1124 47 4.16 34 11 2 4106 TC -Early Voting 1124 0 0.00 4106 TC-Eariy Voting 1124 0 O.DD ADA 4106 TC- Precinct 1124 149 13,26 88 61 4106 TC- Precinct ADA 1124 0 0.00 4106 TC- Provisional 1124 0 0.00 4108 TC- Absentee 1242 36 2.90 26 8 1 1 4108 TC -Early Voting 1242 0 0.00 4108 TO-Early Voting 1242 0 0.00 ADA 4108 TC- Precinct 1242 187 15.06 106 69 1 11 4108 TG- PrecinctADA 1242 0 0,00 4108 TC- Provisional 1242 D 0.00 4110 TC Absentee 1105 49 4.43 33 11 5 4110 TC -Early Voting 1105 0 0.00 4110 TC -Early Voting 1105 0 0.00 ADA 4110 TC- Precinct 1105 182 16.47 95 66 1 20 Printed: Thursday, March 14, 2013 4:29 PM Data Refreshed: 3113/2013 12:53 AM Page 26 of 4 PALM BEACH Precinct Canvas MUNICIPAL 2013E March 12, 201 Delray Beach - Question 3 13 N a m p N � c O. T U) O ((D a 4110 TC- PrecinctADA 1105 0 0.00 4110 TC- Provisional 1105 1 0.09 1 4912 TC- Absentee 2012 132 6.56 74 52 6 4112 TC -Early Voting 2012 0 0.00 4112 TC -Early Voting 2012 0 ADA 4112 TC- Precinct 2012 437 21.72 229 195 13 4112 TC- PrecinctADA 2012 0 0. Go 4112 TC- Provisional 2012 2 0.10 1 1 4114 TC- Absentee 2097 52 2.48 29 23 4114 TC -Early Voting 2097 0 0.00 4114 TC -Early Voting 2097 0 0.00 ADA 4114 TC- Precinct 2097 179 8.54 104 71 4 4114 TC-Precinct ADA 2097 0 D -00 4114 TC- Provisional 2097 0 0.00 4118 TC- Absentee 1867 17 0.91 7 6 4 4118 TC -Early Voting 1 B67 0 0.00 4118 TC -Early Voting 1867 D 0.00 ADA 4118 TC- Precinct 1867 127 6.80 79 39 9 4118 TC- PrecinctADA 1867 0 0.00 4118 TC- Provisional 1867 4 0.21 4 4120 TC- Absentee 1126 29 2.58 22 e 1 4120 TC -Early Voting 1126 0 0.00 4120 TC -Early Voting 1126 0 Me ADA 4120 TC- Precinct 1126 67 5.95 44 22 1 4120 TC- PrecinctADA 1126 0 0,00 4120 TC- Provisional 1126 1 0.09 1 4122 TC- Absentee 1743 19 1,09 9 8 2 4122 TC -Early Voting 1743 0 0.00 4122 TC -Early Voting 1743 D 0.00 ADA 4122 TC- Precinct 1743 146 8.38 70 45 31 4122 TC- PrecinctADA 1743 0 0.00 4122 TC- Provisional 1743 0 O.OD 4124 TC Absentee 2058 13 0.63 8 3 2 4124 TC -Early Voting 2058 D D.oD 4124 TC,Eariy Voting 2058 0 0.00 ADA 4124 TC- Precinct 2058 86 4.28 60 24 4 4124 TC-Precinct ADA 2058 .0 0.00 4124 TC-Provisional 205B 0 0.00 4126 TC- Absentee 2119 93 4.39 58 32 3 4126 TC -Early Voting 2119 0 O.N 4126 TC -Early Voting 2119 0 0.00 ADA 4126 TC- Precinct 2119 253 11.94 138 104 11 4126 TC- PrecinctADA 2119 0 0.00 4126 TC- Provisional 2119 0 0,00 5086 TG Absentee 81 1 1.23 1 Printed: Thursday, March 14, 2013 4:29 PM Data Refreshed: 3/1312013 12:53 AM Page 27 of 4 PALM BEACH MUNICIPAL 2013_E Delray Beach - Question 3 m a 5086 TC -Early Voting 81 5086 TC -Early Voting 81 0 0.00 ADA 2 5086 TC- Precinct 81 5086 TC- Precinct ADA 81 5086 TG-Provisional 81 5088 TC- Absontee 390 5088 TC -Early Voting 390 5088 TC -Early Voting 390 ADA 0.00 5088 TC- Precinct 390 5088 TC- Precinct ADA 390 SOBS TC- ProvisionaE 390 5120 TC Absentee 56 5120 TC -Early Voting 56 5120 TC -Early Voting 56 D ADA 5120 TC- Precinct 56 5120 TC- Precinct ADA 56 5120 TO- Provisional 56 7194 TC- Absentee 1401 7194 TC. -Early Voting 1401 7194 TG-Early Voting 1401 1.43 ADA 13 7194 TC- Precinct 1401 7194 TC- Precinct ADA 1401 7194 TC- Provisional 1401 7196 TC- Absentee 2134 7196 TG-Early Voting 2134 7196 TC -Early Voting 2134 ADA 39 7196 TC- Precinct 2134 7196 TC- Precinct ADA 2134 7196 TC- Provisional 2134 7198 TC- Absentee 121 7198 TC -Early Voting 121 7198 TO-Early Voting 121 ADA 7198 TC- Precinct 121 7198 TO- PrecinctADA 121 7198 TC- Provisional 121' 7200 TC- Absentee 1682 7200 TC -Early Voting 1682 7200 TC -Early Voting 1682 ADA 7200 TC- Precinct 1682 7200 TC-Procinct ADA 1682 7200 TC- Provisional 1682 7202 TG Absentee 1242 7202 TO-Early Voting 1242 7202 TC -Early Voting 1242 ADA Printed: Thursday, March 14, 2013 4:29 PM 0 0.00 0 0.00 0.00 D 0.00 0 0.00 n 2 2.47 2 8 3 0 O.OD 0 0.00 C C7 m 0 0.00 v o 4 1.03 3 1 T Cmi/ 0 0.00 0 0.00 0.00 D 0.00 0 0.00 16 2 2.47 2 8 3 0 O.OD 0 0.00 01 0 0.00 0 0.00 4 1.03 3 1 D 0.00 0 0.00 10 2.56 4 6 0 0.00 0 0.00 0 0.00 D 0.00 0 0..00 0 0.00 0 0.00 0 0.00 20 1.43 6 13 0 0.00 0 0.00 166 11.85 78 67 D 0.0o 0 0.00 39 1.83 22 10 0 0.00 0 0,00 1 21 7 18$ 8.81 87 51 11 49 0 0.00 10.58 45 124 0 0.00 0.00 9 7.44 4 3 0 0.00 16 0 0.00 5 11 9,09 8 3 0 0.00 0 0.00 01 65 3.86 34 30 0 0.00 0 0.00 178 10.58 45 124 0 0.00 0 0,00 16 1.29 11 5 0 0.00 01 0.00 Data Refreshed: 311 3/201.3 12:53 AM 2 9 Precinct Canvas March 12, 201 Page 28 of 4 PALM BEACH Precinct Canvas MUNICIPAL 2013E March 12,201 Delray BeaGh - Question 3 CD m s Cj w T C rn co O < o w c mo 0 w 7202 TC- Precinct 1242 125 10.06 51 52 22 7202 TC- PrecinctADA 1242 0 0.00 7202 TC- Provisional 4242 0 0.00 7204 TC- Absentee 164 3 1.83 2 1 7204 TO-Early Voting 164 0 0.00 7204 TC -Early Voting 164 0 0.00 ADA 7204 TC- Precinct 164 16 9.76 6 8 2 7204 TC- PrecinctADA 164 0 0,00 7204 TC- Provisional 164 0 0.00 7205 TC Absentee 179 5 2.79 1 4 7206 TC -Early Voting 179 0 0,00 7206 TC -Early Voting 179 0 0.00 ADA 7206 TC- Precinct 179 33 18.44 12 20 1 7206 TC- PrecinctADA 179 0 0.00 7206 TC- Provisional 179 0 0,00 7208 TCAbsertee 1063 53 4.89 25 25 3 7208 TC -Early Voting 1083 0 0.00 7203 TC -Early Voting 1083 0 0.00 ADA 7208 TC- Precinct 1083 112 10.34 64 32 16 7208 TO- PrecinctADA 1083 0 0.00 7208 TC- Provisional 1083 0 [)DO 7210 TC Absentee 1984 32 1.61 15 16 1 7210 TC,Early Voting 1954 0 0.00 7210 TC -Early Voting 1984 o D.Oc ADA 7210 TC- Precinct 1984 120 6.05 37 74 9 7210 TC- PrecinctADA 1984 0 0.00 7210 TC- Provisional 1984 0 0.00 7212 TC Absentee 1968 28 1.42 17 9 2 7212 TC -Early Voting 1968 0 0.00 7212 TC -Early Voting 1968 0 0.00 ADA 7212 TC- Precinct 1968 138 7.01 72 44 22 7212 TC-Precinct ADA 1968 0 0.00 7212 TC- Provisional 1968 D 0.00 7214 TC- Absentee 1534 25 1.63 9 12 4 7214 TC -Early Voting 1534 0 0.00 7214 TC -Early Voting 1534 0 0.00 ADA 7214 TC- Precinct 1534 71 4.63 31 19 21 7214 TC- Precinct ADA 1534 0 0.00 7214 TC- Provisional 1534 0 0.00 TC Absentee 44923 1269 2.82 715 470 2 82 TC -Early Voting 44923 0 0.00 TC -Early Vofirig ADA 44923 0 0.00 TG- Precinct 44923 4987 11.14 2655 1940 3 389 TC- PreclnctADA 44923 0 0.00 TC- Provisional 44923 10 0.02 7 3 Printed: Thursday, March 14, 2013 4:29 PM Data Refreshed: 3/13/2013 12:53 AM Page 29 of 4 PALM BEACH MUNICIPAL 2013 E Delray Beach - Question 3 Precinct Canvas March 12, 201 STATE OF FLORIDA COUNTY OF PALM BEACH I, SUSAN BUCKER, SUPERVISOR OF ELECTIONS, HEREBY CERTIFY THAT THIS IS A TRUE AND CDR RECT COPY OF THE RECORDS ON FILE IN THIS OFFICErr W T IS MY HAND AND SEAL THIS DAY OF ✓ , 201. SUSAN BUCKER SUPERVISOR OF ELECTIONS PAL BEACH COUNTY, FLORIDA BY• eF zkertxN Printed: Thursday, March 14, 2013 4:29 PM Data Refreshed: 3/13/2013 12:53 AM Page 30 of 4 o 3 CD N O o 0 CD n v m m co o m Contest Total 449231 6266 13 -95 3377 24131 5 471 STATE OF FLORIDA COUNTY OF PALM BEACH I, SUSAN BUCKER, SUPERVISOR OF ELECTIONS, HEREBY CERTIFY THAT THIS IS A TRUE AND CDR RECT COPY OF THE RECORDS ON FILE IN THIS OFFICErr W T IS MY HAND AND SEAL THIS DAY OF ✓ , 201. SUSAN BUCKER SUPERVISOR OF ELECTIONS PAL BEACH COUNTY, FLORIDA BY• eF zkertxN Printed: Thursday, March 14, 2013 4:29 PM Data Refreshed: 3/13/2013 12:53 AM Page 30 of 4 PALM BEACH Precinct Camas MUNICIPAL 2013E March 12, 201 Delray Beach - Question 4 A m m o d0 m a m 19 N o N m C7 y o m m z D d � (n O m w 4058 1 TO Absentee 147 6 4.08 5 1 4058 TG -Early Voting 147 0 0.00 4058 TC -Early Voting 147 0 0.00 ADA 4D58 TC- Precinot 147 37 25.17 23 1 D 4 4058 TC- Precinct ADA 147 D 0.00 4058 TC- Provisional 147 0 0.00 4074 TO-Absentee 975 28 2.87 20 7 1 4074 TC -Early Voting 975 0 0.00 4074 TC -Early Voting 975 0 0.00 ADA 4074 TC- Precinct 975 103 10.56 81 1; 5 4074 TG- PrecinctADA 975 0 0.00 4074 TO-Provisional 975 1 0.10 1 4076 TC- Absentee 1163 16 1.3S 12 4 4076 TC -Early Voting 1163 0 0.00 4076 TC -Early Voting 1163 0 0.00 ADA 4076 TC- Precinct 1163 159 1&67 111 39 9 4076 TC- PrecinctADA 1163 0 0.00 4076 TC- Provisional 1163 D 0,00 4086 TC- Absentee 1204 23 1.91 16 E 1 4086 TC -Early Voting 1204 0 0.00 4086 TC -Early Voting 1204 0 0.00 ADA 4086 TC- Precinct 1204 154 1279 114 33 7 4086 TC- Precinct ADA 1204 0 0.00 4086 TG- Provisional 1204 0 0.00 4088 TC- Absentee 1823 10E 5.76 69 25 11 4086 TC -Early Voting 1823 0 0.00 4088 TC -Early Voting 1823 0 0.00 ADA 4088 TC- Precinct 1823 245 13.44 197 41 7 4088 TG- PrecinctADA 9823 0 0.00 4088 TC- Provisional 1823 0 O.Do 4090 TC- Absertee 617 9 1.46 7 1 1 4090 TC -Early Voting 617 D 0.00 4090 TG-Early Voting 617 0 0.00 ADA 4090 TC- Precinct 617 148 23.99 116 21 11 4090 TC- PrecinctADA 617 0 0.00 4090 TC- Provisional 617 0 D.DD 4092 TC- Absentee 6 0 0.00 4092 TC -Early Voting 6 0 0.00 4092 TO-Early Voting 6 0 0.00 ADA 4092 TC- Precinct 6 0 0.00 4092 TC- PrecinctADA 6 C 0.00 4092 TC- Provisional 6 0 0.00 4094 TC- Absentee 1988 56 2.82 44 9 3 4094 TC -Early Voting 1988 01 0.00 Printed: Thursday, March 14, 2013 4:29 PM Data Refreshed: 3/13/2013 12:53 AM Page 31 of 4 PALM BEACH MU N IC I PAL_2013_E Delray Beach - Question 4 Precinct Canvas March 12, 201 ry s (y m .C+ { m z ID O C5 O 4094 TC -Early Voting 1988 0 0.00 ADA 4094 TC- Precinct 19B5 414 20.82 309 76 1 28 4094 TC- Precinct ADA 1988 0 0.00 4094 TG-Provisional 1988 0 0.00 4096 TC- Absentee 703 6 0.85 2 4 4096 TC -Early Voting 703 0 0.00 4D96 TG -Early Voting 703 C 0.00 ADA 4096 TC- Precinct 703 45 6.40 25 8 12 4096 TC- Precinct ADA 703 0 0.00 4096 TC- Provisional 703 0 0,00 4098 TC- Absentee 2365 73 3.09 39 32 2 4098 TC -Early Voting 2355 0 0,00 4098 TC -Early Voting 2385 0 0.00 ADA 4098 TC- Precinct 2365 135 5.71 83 43 9 4098 TC- PreolnctADA 2365 0 0.00 4098 TC- Provisional 2365 0 0,00 4102 TC- Absentee 1493 66 4.42 47 15 3 4102 TC -Early Voting 1493 0 0.0D 4102 TC -Early Voting 1493 0 0.00 ADA 4102 TC- Precinct 1493 373 24.98 299 58 16 4102 TG- Precinct ADA 1493 0 0.00 4102 TG- Provisional 1493 0 0.00 4104 TC- Absentee 1927 94 4.88 47 37 10 41 D4 TC -Early Voting 1927 0 0.00 4104 TC -Early Voting 1927 D 0.00 ADA 4104 TC- Precinct 1927 189 9.81 142 40 7 4104 TO- Precinct ADA 1927 0 0,00 4104 TC- Provisional 1927 1 6.05 1 4106 TC- Absentee 1124 47 4.18 38 7 2 4106 TC -Early Voting 1124 0 0.00 4106 TC -Early Voting 1124 0 0.00 ADA 4106 TC- Precinct 1124 149 13.26 123 2s 1 4106 TC- Precinct ADA 1124 0 0.00 4106 TC- Provisional 1124 0 0.00 4108 TC- Absentee 1242 36 2.90 27 8 1 4108 TC -Early Voting 1242 0 0.00 4108 TC -Early Voting 1242 0 0.00 ADA 4108 TC- Precinct 1242 187 15.06 141 35 1 10 4108 TC- Precinct ADA 1242 0 0.00 410B TC- Provisional 1242 0 0,00 4110 TC- Absentee 1105 49 4.43 33 10 6 4110 TC -Early Voting 1105 0 0.00 4110 TG -Early Voting 1105 0 0.00 ADA 4110 TC- Precinct 1105 182 16,47 139 23 20 Printed: Thursday, March 14, 2013 429 PM Data Refreshed: 3/13/2013 12:53 AM Page 32 of 4 PALM BEACH Precinct Canvas MUNICIPAL 2013E March 12, 201 Delray Beach - Question 4 z CD m a N C7 w o 0 r m m z o m o C a 0 4110 TC- PrecinctADA 1105 0 0.00 4110 TC- Provisional 1105 1 0.09 1 4112 TC- Absentee 2012 132 6.56 101 26 5 4112 TG -Early Voting 2012 0 0.00 4112 TC -Early Voting 2012 0 0.00 ADA 4112 TC- Precinct 2012 437 21.72 353 73 11 4112 TC- PrecinctADA 2012 0 0.00 4112 TC- Provisionai 2012 2 0.10 2 4114 TCAbsentee 2097 52 2.48 41 10 1 4114 TC -Early Voting 2097 0 0,00 4114 TC -Early Voting 2097 0 0.00 ADA 4114 TC- Precinct 2097 179 B.54 145 32 2 4114 TG- PrecinctADA 2097 0 0.00 4114 TC- Provisional 2097 0 0,00 4118 TC- Absentee 1667 17 0.91 16 4 3 4118 TC -Early Voting 1867 0 0.00 4118 TC -Early Voting 1867 0 0.00 ADA 4118 TC- Precinct 1867 127 6.80 94 25 8 4118 TG- PreclnctADA 1867 0 0.00 4118 TC- Provisional 1867 4 0.21 4 4120 TC- Absentee 1126 29 2.58 25 3 1 4120 TC -Early Voting 1126 0 0.00 4120 TO-Early Voting 1126 0 0.00 ADA 4120 TG-Precinct 1126 67 5.95 54 12 1 4120 TC- PrecinctADA 1126 0 0.00 4120 TC- Provisional 1126 1 0.09 1 4122 TC- Absentee 1743 19 1.09 9 8 2 4122 TG -Early Voting 1743 0 100 4122 TC -Early Voting 1743 0 0,00 ADA 4122 TC- Precinct 1743 146 B.38 78 39 29 4122 TC- PrecinctADA 1743 0 0.60 4122 TC- Provisional 1743 0 0.00 4124 TO-Absentee 2056 13 0.63 8 4 1 4124 TG - Early Voting 2058 0 0.00 4124 TC -Early Voting 2058 0 0.00 ADA 4124 TG- Precinct 2058 88 4.28 62 22 4 4124 TC- Precinct ADA 2058 0 0.00 4124 TC- Provisional 2058 0 0.00 4126 TC Absentee 2119 93 4.39 68 22 3 4126 TC -Early Voting 2119 0 0.00 4126 TG -Early Voting 2119 0 0.00 ADA 4126 TG- Precinct 2119 253 11.94 192 49 12 4126 TC- Precinct ADA 2119 0 0.00 4126 TC- Provisional 2119 0 0.00 5086 TC- Absentee 81 1 1.23 1 Printed: Thursday, March 14, 2013 4:29 PM Data Refreshed: 311 31201 3 12:53 AM Page 33 of 4 PALM BEACH MUNICIPAL-2013_P Precinct Canvas March 12, 2C1 Delray Beach - Questions 4 A W - 0 c n p 0 W 0 C C C m o m {D, CL 5086 TG-Early Vottng 81 0 0 -00 5086 TC -Early Voting 81 0 0.00 ADA 5086 TC- Precinct 81 2 2.47 2 5086 TC- Precinct ADA 61 0 0.60 5086 TC- Provisional 81 0 0.00 5088 TC- Absentee 390 4 1.03 2 2 5088 TC -Early Voting 390 0 0.00 5088 TO-Early Vottng 390 0 0.00 ADA 5088 TC- Precinct 390 10 2.56 7 3 5088 TC- PrecinctADA 390 0 0.00 5088 TC- Provisional 390 0 D'OD 5120 TC- Absentee 56 0 0.00 5120 TC -Early Voting 56 0 0.00 5120 TC -Early Voting 56 0 0.00 ADA 5120 TC- Precinct 56 0 0.00 5120 TC- PrecinctADA 56 0 0.00 5120 TC- Provisionai 56 0 0.00 7194 TC- Absentee 1401 20 1.43 15 4 1 7194 TC -Early Voting 1401 0 O.OD 7194 TC -Early Voting 1401 0 O.Do ADA 7194 TC- Precinct 1401 166 11.85 105 39 22 7194 TC- PrecinctADA 1401 0 0.00 7194 TC- Provisional 1401 D 0.00 7196 TG-Absentee 2134 39 1.83 17 16 6 7196 TC -Early Voting 2134 0 0.00 7196 TC -Early Voting 2134 0 0,30 ADA 7196 TC- Precinct 2134 168 8.81 77 54 1 56 7196 TC- Precinct ADA 2134 0 0.00 7196 TC- Provisional 2134 0 0.00 7198 TC Absentee 121 9 7.44 3 4 2 7198 TC -Early Voting 121 6 0.00 7198 TG-Early Voting 121 0 0.00 ADA 7198 TC- Precinct 121 11 9.09 10 1 7198 TG- PrecinctADA 121 0 0.00 7198 TC- Provisional 121 0 0.00 7200 TC- Absentee 1682 65 3.85 36 29 7200 TC -Early Voting 1682 0 0.00 7204 TC -Early Voting 1682 0 0.00 ADA 7200 TC- Pre6nct 1682 178 10.58 54 113 11 7200 TG- PrecinctADA 1682 0 0.00 7200 TC- Provisional 1682 0 0.00 7202 TC- Absentee 1242 16 129 15 1 7202 TC -Early Voting 1242 0 0.00 7202 TC -Early Voting 1242 0 0.00 ADA Printed: Thursday, March 14, 2013 4:29 PM Data Refreshed: 3!1312013 12:53 AM Page 34 of 4 PALM BEACH MUNICIPAL 2013 E Delray Beach - Question 4 Precinct Canvas March 12, 201 a3 v o w o m (n z 0 0 w m 7202 TC- Pre6nct 1242 125 10.06 78 23 24 7202 TC- PrecinctADA 1242 O D.Oo 7202 TC- Provisional 1242 0 C.00 7204 TC- Absentee 184 3 1.83 3 7204 TC -Early Voting 164 0 0.00 7204 TC-Early Voting 164 0 0.00 ADA 7204 TC- Precinct 164 16 976 15 1 7204 TC- PrecinctADA 164 0 0.00 7204 TC- Provisional 164 0 0,00 7206 TO-Absentee 179 5 2.79 5 7206 TC -Earky Voting 179 0 0.00 72D6 TC - Early Voting 179 0 O.OD ADA 7206 TC- Precinct 179 33 18.44 29 3 1 7206 TC- PrecinctADA 179 0 0.00 7206 TC- Provisional 179 0 D.00 7208 I TG- Absentee 1083 53 4.89 38 11 4 7208 TC- EarlyVotirig 1083 0 0.00 7208 TC -Early Voting 1083 0 0.00 ADA 7208 TC- Precinct 1083 112 10.34 60 34 18 7208 TC- PrecinctADA 1083 0 6.00 7208 TC- Provisional 1063 0 0.00 7210 TC- Absentee 1984 32 1.61 16 14 2 7210 TG -Early Voting 1984 0 0.00 7210 TC - Early Voting 1984 0 0.00 ADA 7210 TC- Precinct 1984 120 6.05 26 54 10 7210 TC- PrecinctADA 1984 0 0.00 7210 TC- Provisional 1984 0 0.00 7212 TC Absentee 1958 28 1.42 13 13 2 7212 TC -Early Voting 1968 0 0.00 7212 TC -Earky Voting 1968 0 0.00 ADA 7212 TC- Precinct 1968 138 7.01 77 36 23 7212 TC- Precinct ADA 1968 0 C.00 7212 TC- Provisional 1966 D 0.00 7214 TC- Absentee 1534 25 1.63 14 7 4 7214 TC -Early Voting 1534 0 0.00 7214 TC- Early Voting 1534 0 0.00 ADA 7214 TC- Precinct 1534 71 4.63 37 14 20 7214 TC- PrecinctADA 1534 0 0.00 7214 TC- Provisional 1534 0 0.00 TC- Absentee 44923 1269 2.82 845 345 79 TC- Early Voting 44923 0 D.00 TC -Early Voting ADA 44923 0 0.00 TC- Precinct 44923 4987 1110 3458 1127 3 399 TG- PrecinctADA 44923 0 0.00 TC- Provisional 44923 10 0.02 in Printed: Thursday, March 14, 2013 4:29 PM Data Refreshed: 311312.013 12:53 AM Page 35 of 4 PALM BEACH MUNIC1PAL_2013_E Delray Beach - Question 4 Precinct Canvas March 12, 201 STATE OF FLORIDA COUNTY OF PALM BEACH I, SUSAN BUCHER, SUPERVISOR OF ELECTIONS, HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF THE RECORDS ON FILE IN THIS OFFICE. M AN0 AND SEAL THIS � D MR AY OF SUSAN BUCHER SUPERVISOR OF ELECTIONS PAL BEACH COUNTY, FLORIDA BYa- U.t��,A, Printed: Thursday, March 14, 2013 4:29 PM Data Refreshed: 3/13/2013 12:53 AM Page 36 of 4 o 0 m n m m z 0 a [n O Contest Total 44923 6266 13.95 4313 1472 3 478 STATE OF FLORIDA COUNTY OF PALM BEACH I, SUSAN BUCHER, SUPERVISOR OF ELECTIONS, HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF THE RECORDS ON FILE IN THIS OFFICE. M AN0 AND SEAL THIS � D MR AY OF SUSAN BUCHER SUPERVISOR OF ELECTIONS PAL BEACH COUNTY, FLORIDA BYa- U.t��,A, Printed: Thursday, March 14, 2013 4:29 PM Data Refreshed: 3/13/2013 12:53 AM Page 36 of 4 PALM BEACH MUNICIPAL 2013_E Precinct Canvas March 12, 201 Page 37 of 4 Defray Beach - Question 5 m o E c m m Q � n a 0 0 m m C) w m m z Q y rn o 0 4058 TC- Absentee 147 6 4A6 3 2 1 4055 TC -Early Voting 147 0 0.00 4058 TC -Early Voting 147 0 0.00 ADA 4058 TC- Precinct 147 37 25.17 14 20 3 4058 TC- PrecinctADA 147 0 0.00 4058 TC- Provisional 147 0 0.00 4074 TC- Absentee 975 26 2.87 16 12 4074 TC -Early Voting 975 Q 0.00 4074 TC -Early Voting 975 0 0.00 ADA 4074 TC- Precinct 975 903 10.56 56 42 5 4074 TC- Precinct ADA 975 0 0.00 4074 TC- Provisional 975 1 0.10 1 4076 TO-Absentee 1163 16 1,38 14 2 4076 TC -Early Voting 1163 0 0.00 4076 TC -Early Voting 1163 0 0.00 ADA 4076 TC- Precinct 1163 159 13.67 97 49 13 4076 TC- PrecinctADA 1163 0 0, DO 4076 TC- Provisional 1163 0 0.00 4086 TC- Absentee 1.204 23 1.91 16 5 2 4086 TC -Early Voting 1204 0 0.00 4086 TG-Early Voting 1204 0 0.00 ADA 4086 TC- Precinct 1204 154 12.79 94 53 7 4086 TC- Precinct ADA 1204 0 0.00 4086 TC- Provisional 1204 0 0.00 4088 TC- Absentee 1 B23 105 5,76 66 27 12 4088 TC -Early Voting 1823 0 0.00 4088 TC -Early Voting 1823 0 0.00 ADA 4088 TC- Precinct 1823 245 13.44 189 50 6 4088 TO- PrecinctADA 1823 0 0.00 4088 TC- Provisional 1823 0 0.00 4090 TC- Absentee 617 9 1.46 6 2 1 4090 TC -Early Voting 617 0 0.00 4090 TC- EarlyVoting 617 0 0.00 ADA 4090 TC- Precinct 617 148 23.99 113 27 8 4090 TC- PrecinctADA 617 0 0,00 4090 TC- Provisional 617 0 Mo 4092 TC- Absentee 5 0 0.00 4092 TC -Early Voting 6 0 0.00 4092 TC -Early Voting 6 0 0.00 ADA 4092 TC- Precinct 6 0 0.00 4092 TC- Precinct ADA 6 0 0.00 4092 TC- Provislcnal 6 0 0.00 4094 TC- Absentee 1988 56 2.62 32 20 4 4094 TC -Early Voting 1988 0 0.00 Printed: Thursday, March 14, 2013 4:29 PM Data Refreshed: 3/1312D13 12:53 AM Precinct Canvas March 12, 201 Page 37 of 4 PALM BEACH M U N I CI PAL_2013_E Qelzay Beach - Question 5 Precinct Canvas March 12, 201 Page 38 of 4 CD (p O [� a+ j C •--• m m � 0 < O O 4094 TO-Early Voting 1988 0 0.00 ADA 4094 TC- Precinct 1988 414 20.82 244 139 31 4094 TG- PrecinctADA 1988 0 0.00 4094 TC- Provisional 1988 C 0.00 4096 TC- Absentee 703 6 0.85 4 2 4096 TC -Early Voting 703 0 0.00 4096 TC -Larly Voting 703 0 0.00 ADA 4096 TC- Precinct 703 45 6.46 22 13 '10 4096 TC- Precinct ADA 703 a D.Do 4095 TC- Provisional 703 0 0.00 4098 TC- Absentee 2365 73 3.09 52 19 2 4098 TC -Early Voting 2365 0 0.00 4098 TG-Early Voting 2365 0 0.00 ADA 4098 TC- Precinct 2365 135 5,71 85 39 11 4098 TC- PrecinctADA 2365 0 0.00 4093 TC- Provislonal 2365 0 0.00 4102 TC- Absentee 1493 66 4.42 25 38 3 4102 TC -Early Voting 1493 0 D.00 4102 TC -Early Voting 1493 0 0.00 ADA 4102 TC- Precinct 1493 373 24.98 212 146 15 4102 TO- PrecinctADA 1493 0 0.00 4102 TC- Provisional 1493 0 0.00 4104 TC Absentee 1927 94 4.88 61 23 10 4104 TC -Early Voting 1927 0 0.00 4104 TC -Early Voting 1927 0 0.00 ADA 4104 TC- Precinct 1927 189 9.81 128 56 5 4104 TC- PrecinctADA 1927 0 0.00 4104 TC- Provisional 1927 1 6.05 1 4106 TC- Absentee 1124 47 4.18 23 22 2 4105 TC -Early Voting 1124 0 0.00 4106 TC -Early Voting 1124 0 0.00 ADA 4106 TC- Precinct 1124 149 13.26 90 57 2 4106 TC- PrecinctADA 1124 0 0.00 4106 TC- Provisional 1124 0 0.00 4108 TC- Absentee 1242 36 2.90 19 14 3 4108 TC -Early Voting 1242 0 0.00 4105 TC -Early Voting 1242 0 0.00 ADA 4108 TC- Precinct 1242 187 15.06 123 53 11 4108 TC- PrecinctADA 1242 0 0.09 4108 TC- Provisional 1242 0 0.00 4110 TC- Ahsentee 1105 49 4.43 31 12 6 4110 TC -Early Voting 1105 0 0.00 4110 TC -Early Voting 1105 0 0.00 ADA 4110 TC- Precinct 1105 182 16.47 110 51 21 Printed: Thursday, March 14, 2013 4:29 PM Data Refreshed: 3/13/2013 12:53 AM Precinct Canvas March 12, 201 Page 38 of 4 PALM BEACH Precinct Canvas MUNICIPAL 2013E March 12, 201 Delray Beach - Question 5 N Q w 0 N v G 3 a to Z 0 < m c u m 0 m 4110 TO-Precinct ADA 1105 0 Mc 4110 TC- Provisional 1105 1 0.09 1 4112 TC- Absentee 2012 132 6,56 66 58 1 7 4112 TC -Early Voting 2012 0 0.00 4112 TC- EarlyVoting 2012 0 0.00 ADA 4112 TC- Precinct 2012 437 21.72 238 188 11 4112 TG- PrecinctADA 2012 0 0.00 4112 TC- Provisional 2012 2 0.10 2 4114 TC- Absentee 2097 52 2.48 29 21 2 4114 TG-Early Voting 2097 0 0,00 4114 TC- Early Voting 2097 0 O,00 ADA 4114 TC- Precinct 2097 179 8.54 115 62 2 4114 TC- PrecinctADA 2097 0 0.00 4114 TC- Provisional 2097 0 0.00 4118 TC- Absentee 1667 17 0.91 7 6 4 4118 TC -Early Voting 1867 0 0.00 4118 TG-Early Voting 1867 0 0.00 ADA 4118 TC- Precinct 1867 127 6.80 90 24 13 4118 TC-Precinct ADA 1867 0 0.00 4118 TC- Provisional 1867 4 0:21 4 4126 TC- Absentee 1126 29 2.58 17 11 1 4120 TC- Early Voting 1126 0 0.00 4120 TC -Eariy Voting 1126 0 0.00 ADA 4120 TC- Precinct 1126 67 5.95 41 24 2 4120 TC- PrecinctADA 1126 0 0.00 4120 TC- Provisional 1126 1 0,09 1 4122 TC-Absentee 1743 19 1.09 12 5 2 4122 TO-Early Voting 1743 0 0.00 4122 TC -Fariy Voting 1743 0 0.00 ADA 4122 TC- Precinct 1743 146 8.38 69 45 32 4122 TO- PrecinctADA 1743 0 0.00 4122 TC- Provisional 1743 0 0.00 4124 TC- Absentee 2058 13 0.63 10 2 1 4124 TC -Early Voting 2058 0 0.00 4124 TC- Early Voting 2058 0 0.00 ADA 4124 TC- Precinct 2058 88 4.28 44 40 4 4124 TC- PrecinctADA 2058 0 0.00 4124 TC- Provisional 2058 0 0.00 4126 TG- Absentee 2119 93 4.39 50 38 2 3 4126 TC -Early Voting 2119 0 0.00 4126 TC -Early Voting 2119 0 0.00 ADA 4126 TC- Precinct 2119 253 11.94 158 85 10 4126 TC- PrecinctADA 2119 0 0.00 4126 TC- Provisional 2119 0 0.00 5086 TC- Absentee 81 1 1.23 1 Printed: Thursday, March 14, 2013 4:29 PM Data Refreshed: 3/1312013 12:53 AM Page 39 of 4 PALM BEACH MU N lC IPAL_2013_E Ddray Beach - Question a fn N tD d 5086 TC -Early Voting 81 5086 TO-Early Voting 81 0 0.00 ADA 2 5086 TO-Precinct 81 5066 TC- PrecinctADA 81 5086 TC -P rovivoral 81 5088 TC- Absentee 390 5088 TC -Early Voting 390 5088 TC -Early Voting 390 ADA 0.00 5088 TC- Precinct 390 508B TC- PrecinctADA 390 5088 TC- Provisional 390 5120 TC- Absentee 56 5120 TC -Early Voting 56 5120 TC -Early Voting 56 0 ADA 5120 TC- Precinct 56 5120 TC- PrecinctADA 56 5120 TC- Provisional 56 7194 TG- Absentee 1401 7194 TC -Early Voting 1401 7994 TC -Early Voting 1401 1.43 ADA 1C 7194 TC- Precinct 1401 7194 TC- PrecinctADA 1401 7194 TC- Provisional 1401 7196 TO-Absentee 2134 7196 TC -Early Voting 2134 7196 TC -Early Voting 2134 ADA 39 7196 TC- Precinct 2134 7196 TC- PrecinctADA 2134 7196 TC- Provisional 2134 7198 TC- Absentee 121 7198 TC -Early Voting 121 7198 TC -Early Voting 121 ADA 7198 TC- Precinct 121 7198 TC- PrecinctADA 121 7198 7C- Provisional 121 7200 TC- Absentee 1682 7200 TC -Early Voting 1682 7200 TO-Early Voting 1682 ADA 7200 TC- Precinct 1682 7200 TC- PrecinctADA 1682 7200 TC- Prcvisianal 1682 7202 TC- Absentee 1242 7202 TG-Early Voting 1242 7202 TC -Early Voting 1242 ADA Printed: Thursday, March 14, 2013 4:29 PM v c 0.00 0 0.00 0 0. 0 3 w O 0.00 0 0.00 m m 2 m 2 froth N 0 0.00 0 0.00 0 0.00 0 0.00 2 2.47 2 5 6 0 0.00 D 0.00 0 0.00 0 0.00 4 1.03 3 1 0 0.00 0 0.00 10 2.56 7 3 0 D.00 0 0.00 0 0.00 0 0.00 0 0.00 0 0.00 0 O.DD 0 0.00 20 1.43 9 1C 0 0.00 0 0.00 166 11.65 94 49 0 0.00 0 0.00 39 1.83 19 13 0 0.80 0 0.00 A 23 7 188 8.81 95 36 11 56 0 0.00 0 0.00 9 7.44 5 2 0 0.00 0 0.00 11 9.09 5 6 0 0.00 D 0.00 65 3.88 35 30 0 0.00 0 0.00 178 10.58 87 82 0 0.00 0 D.00 16 1.29 9 7 0 0.00 0 0.00 Data Refreshed: 3113/2013 12:53 AM 2 9 Precinct Canvas March 12, 201 Page 40 of 4 PALM BEACH MUNICIPAL 2013_E 7202 7204 7204 7204 7204 7204 7204 7206 7206 7205 7206 7208 7208 7208 7208 7208 7208 7210 7210 7210 7210 7210 7210 7212 7212 7212 7212 7212 7212 7214 7214 7214 7214 7214 7214 TC Absentee TC -Early Voting TC -Early Voting ADA Delray Beach - Question 5 TC- Precinct TC- Preclnct ADA TO-Provisional TC- Absentee TG-Early Voting TC -Early Voting ADA TG-Precinct TC- Precinct ADA TC- Provisional TO-Absentee TC -Early Voting TC -Early Voting ADA TG-Precinct TC- Precinct ADA TC- Provisional TC- Absentee TC -Early Voting TG-Early Voting ADA TC- Precinct TC- Precinct ADA TC- Provisional TC- Absentee TC -Early Voting TC -Early Voting ADA TC- Precinct TC- Precinct ADA TC- Provisional TC- Absentee TC -Early Voting TC -Early Voting ADA TC- Precinct TG- Precinct ADA TC- Provisional TC- Absentee TG-Early Voting TC -Early Voting ADA TC- Precinct TC- Precinct ADA TC-Provisional m N m a ff � C7 w c O C r m m [n z 0 O a C Q o 1242 125 10.06 61 43 21 1242 0 0.00 1242 0 0.00 164 3 1.83 3 164 0 0.00 164 0 0.00 164 16 9.76 9 4 3 164 0 0.00 164 0 0.00 179 5 2.79 2 3 179 0 0.00 179 0 0.00 179 33 18.44 17 15 1 179 0 0.00 179 0 OM 1083 53 4.89 41 9 3 1083 o 0.00 1083 0 0.00 1083 112 10.34 74 20 18 1083 0 0.00 1083 0 0.00 1984 32 1.61 22 2 1984 0 0.00 1984 0 0.00 1984 120 6.05 53 57 10 1964 0 0.00 1984 0 0,00 1968 28 1.42 20 5 3 1968 0 0.00 1968 0 0.00 1968 138 7.01 71 43 24 1968 0 0.00 1968 0 0,00 1534 25 1.63 14 7 4 1534 0 0.00 1534 0 0.00 1534 71 4.63 33 18 20 1534 0 0.00 1534 0 0.00 44923 1269 2.82 742 437 3 87 44223 0 0.00 44923 0 0.00 44923 4987 11.10 2940 1639 1 407 44.923 0 0.00 44923 10 0.02 9 1 Precinct Canvas March 12,201 Printed: Thursday, March 14, 2013 4:29 PM Data Refreshed: 3/13/2013 12:53 AM Page 41 of 4 PALM BEACH MUNICIPAL 2013 E Delray Beach - Question 5 Precinct Canvas March 12, 201 STATE OF FLORIDA COUNTY OF PALM BEACH I, SUSAN BUCHER, SUPERVISOR OF ELECTIONS, HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF THE RECORDS ON FILE IN THIS OFFICE, +4n WITNESS MY HAND AND SEAL, THIS 15 DAY OF A ✓r Y N , 20 .� . . SUSAN BUCHER SUPERVISOR OF ELECTIONS PALM EACH COUNTY,FLORI A��,J BY Printed: Thursday, March 14, 2013 4:29 PM Data Refreshed: 3/13/2013 12:53 AM Page 42 of 4 G < a s M T w ^ m z Fc.ntastTotal 449231 6286 13.951 3691 2077 j 41 494 STATE OF FLORIDA COUNTY OF PALM BEACH I, SUSAN BUCHER, SUPERVISOR OF ELECTIONS, HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF THE RECORDS ON FILE IN THIS OFFICE, +4n WITNESS MY HAND AND SEAL, THIS 15 DAY OF A ✓r Y N , 20 .� . . SUSAN BUCHER SUPERVISOR OF ELECTIONS PALM EACH COUNTY,FLORI A��,J BY Printed: Thursday, March 14, 2013 4:29 PM Data Refreshed: 3/13/2013 12:53 AM Page 42 of 4 PALM BEACH Precinct Canvas MUNICIPAL -2013-E March 12, 201 Delray Beach - Question 6 v 0 W � p j O N SD N n 0 0 m z CI m 0 N 4058 TC Absentee 1471 6 4.08 3 2 1 4058 TC-Larly Voting 147 0 0.00 4058 TC -Early Voting 147 0 0.00 ADA 4058 TC- Precinct 147 37 25.17 16 17 4 4058 TC- Preci not ADA 147 D 0.00 4058 TC- Provisional 147 0 0.00 4074 TC- Absentee 975 28 2.87 17 10 1 4074 TC -Early Voting 975 C 0,00 4074 TC -Early Voting 975 0 0.00 ADA 4074 TC- Precinct 975 103 10.56 56 41 6 4074 TC- PrecinctADA 975 0 0.00 4074 TC- Provisional 975 1 0,10 1 4076 TG- Absentee 1163 16 1.38 10 6 4076 TC -Early Voting 1163 0 0.00 4076 TC -Early Voting 1163 0 0.00 ADA 4076 TC- Precinct 1163 159 13.67 82 59 18 4076 TC-Precinct ADA 1163 0 0.00 4076 TC- Provisbna€ 1163 0 100 4086 TC- Absentee 1204 23 1.91 14 7 2 4086 TC - Early Voting 1204 0 0.00 4086 TC -Early Voting 1204 0 0.00 ADA 4086 TC- Precinct 1204 154 12.79 84 58 12 4086 TC- PrecinctADA 1204 0 0.00 4086 TC- Provisional 1204 0 0.00 4088 TC- Absentee 1823 105 576 52 39 14 4088 TC -Early Voting 1823 0 0.00 4088 TO-Early Voting 1823 0 0.00 ADA 4088 TC- Precinct 1823 245 13.44 174 64 7 4088 TC- PrecinctADA 1623 0 0.00 4088 TC- Provisional 1823 0 0.00 4090 TC- Absentee 617 9 1.46 5 3 1 4090 TO-Early Voting 617 0 0.00 4090 TC -Early Voting 617 0 D.oO ADA 4090 TC- Precinct 617 148 23.99 103 34 11 4090 TC- PrecinctADA 617 0 0.06 4090 TC- Provisional 617 0 0.00 4092 TC- Absentee 6 6 0.00 4092 TC -Early Voting 6 0 C.00 4092 TC -Early Voting 6 0 0.00 ADA 4092 TC- Precinct 6 D 0.00 4092 TC- PrecinctADA 6 0 0.00 4092 TC- Provisional 6 0 0.00 4094 TC- Absentee 1988 56 2.82 27 25 4 4094 TC -Early Voting 1988 0 D,Do Printed: Thursday, March 14, 2013 4:29 PM Data Refreshed: 3/13/2013 12:53 AM Page 43 of 4 PALM BEACH MUNICIPAL 2013 E Delray Beach - Question 6 Precinct Canvas March 12, 201 N a v p C j C m [n z O o (D O ro O w 4094 TC -Early Voting 19BBI 0 0.00 ADA 4094 TC- Precinct 1988 414 20.82 228 149 37 4094 TC- Precinct ADA 1988 0 0.00 4094 TC- Provisional 1988 0 0.00 4096 TC- Absentee 703 5 0.85 5 1 4096 TC -Early Voting 703 0 0.00 4096 TC -Early Voting 703 0 0.00 ADA 4096 TC- Precinct 703 45 6.40 21 9 15 4096 TC- PrecinctADA 703 0 0.00 4096 TC- Provisiona{ 703 0 0.00 4098 TC- Absentee 2365 73 3.09 43 27 1 2 4098 TC -Early Voting 2365 0 0.00 4098 TC -Early Voting 2365 0 0.00 ADA 4098 TC- Precinct 2365 135 5.71 85 37 13 4098 TO- PrecinctADA 2355 0 0.00 4098 TC- Provisional 2365 0 0.00 4102 TC- Absentee 1493 66 4.42 18 43 5 4102 TC -Early Voting 1493 0 0.00 4102 TC -Early Voting 1493 0 0.00 ADA 4102 TGPrecinct 1493 373 24.98 185 164 24 4102 TC- Precinct ADA 1493 0 0.00 4102 TC- Provisional 1493 0 0.00 4104 TC- Absentee 1927 94 4.86 51 32 11 4104 TC -Larly Voting 1927 0 0.00 4104 TC -Early Voting 1927 0 0.00 ADA 4104 TC- Precinct 1927 189 9.81 118 63 8 4104 TG- PrecinctADA 1927 0 0.00 4104 TC- Provisional 1927 1 0.05 1 4106 TC- Absentee 1124 47 4.18 23 17 2 4106 _ TC -Fariy Voting 1124 0 0.00 4106 TG -Early Voting 1124 0 0.00 ADA 4106 TO-Precinct 1124 149 13.26 91 54 4 4106 TC- Precinct ADA 1124 0 0.00 4106 TC- Provisional 1124 0 0.00 4106 TC- Absentee 1242 36 2.90 22 12 2 4106 TC -Larly Voting 1242 0 0.00 4108 TO-Early Voting 1242 0 0.00 ADA 4108 TC- Precinct 1242 187 15.06 115 55 17 4108 TO- PrecinctADA 1242 0 0.00 4108 TC- Provisional 1242 0 0.00 4110 TC- Absentee 1105 49 4.43 27 15 7 4110 TC -Early Voting 1105 0 0,00 4110 TC -Early Voting 1105 0 0.00 ADA 4110 TC- Precinct 1105 182 16.47 91 64 1 26 Printed: Thursday, March 14, 2013 4:29 PM Data Refreshed: 311 31201 3 12:53 AM Page 44 of 4 PALM BEACH MUNICIPAL- 2013_E Delray Beach - Question 6 Precinct Canvas March 12, 201 �1 N nmi c o O 0 o. 0 4110. TC- Precinct ADA 1105 0 0.00 4110 TC- Provisional 1105 1 0.09 1 4112 TC- Absentee 2012 132 6.55 87 35 10 4112 TC -Early Voting 2012 0 0.00 4112 TC -Early Voting 2012 0 0.00 ADA 4112 TC- Precinct 2012 437 21.72 230 185 22 4112 TO-Precinct ADA 2D12 0 0.00 4112 TC- Provisional 2012 2 0.10 1 1 4114 TC- Absentee 2097 52 2.48 40 1 C 2 4114 TG -Early Voting 2097 0 0.00 4114 TG-Early Voting 2097 0 0.00 ADA 4114 TC- Precinct 2097 179 8,54 106 67 6 4114 TG- Precinct ADA 2097 0 0.00 4114 TC- Provisional 2097 0 0.00 4118 TC- Absentee 1867 17 0.91 5 9 3 4118 TC -Early Voting 1867 0 0.00 4115 TC -Early Voting 1867 0 0A0 ADA 4118 TC- Precinct 1867 127 6.80 90 25 12 4118 TO-Precinct ADA 1867 0 0.00 4118 TC- Provisional 1867 4 0.21 4 4120 TC- Absentee 1126 29 2.58 16 11 2 4120 TC. -Early Voting 1126 0 D.00 4120 TC -Early Voting 1126 0 0.04 ADA 4120 TC- Precinct 1126 57 5.95 43 22 2 4120 TC- Precinct ADA 1126 D 0.00 4120 TG- Provisional 1126 1 0.09 1 4122 TC Absentee 1743 19 1,09 9 8 2 4122 TC -Early Voting 1743 0 0.00 4122 TO- EariyVoting 1743 0 0.04 ADA 4122 TC- Precinct 1743 146 8.36 57 51 38 4122 TC- PrecinctADA 1743 0 0.00 4122 TO- Provisional 1743 0 0.00 4124 TC- Absentee 2058 13 0,63 8 3 4124 TC -Early Voting 2058 0 C.00 4124 TO-Early Voting 2058 0 0.00 ADA 4124 TC- Precinct 2058 88 4.28 46 38 4 4124 TC- Precinct ADA 2058 0 0.00 4124 TC- Provisionai 2458 0 0.00 4126 TG- Absentee 2119 93 4.39 51 39 3 4123 TC -Early Voting 2119 0 0.01) 4126 TC -Early Voting 2119 0 0.00 ADA 4126 TC- Precinct 2119 253 11.94 142 92 19 4126 TG- Precinct ADA 2119 0 U0 4126 TC- Provisional 2119 0 0.00 5086 TC- Absentee 81 1 1.23 1 Printed: Thursday, March 14, 2013 4:29 PM Data Refreshed: 3/1 31201 3 12:53 AM Page 45 of 4 PALM BEACH MUNICIPAL-2013_E Delray Beach - Question B Precinct Canvas March 12, 201 Page 46 of 4 m n [k Q v CJ N c 4 ° m W O O N a N n C b 5086 TC -Early Voting 81 C 0.00 5086 TC -Early Voting 81 0 0,00 ADA 5086 TC- Precinct 81 2 2.47 2 5086 TC,PrecinctADA 89 0 0.00 5086 TC- Provisional 81 0 0.00 5088 TC- Absentee 390 4 1.03 4 5088 TC -Early Voting 390 0 0.00 5088 TGEariy Voting 390 0 O.ao ADA 5088 TC- Precinct 390 10 2.56 6 4 5088 TC- PrecinctADA 390 0 0.00 5088 TC- Provisional 390 0 0.00 5120 TC Absentee 56 0 0.00 5120 TC -Early Voting s6 0 0.00 5120 TC -Early Voting 56 0 0.00 ADA 5120 TC- Precinct 56 0 0.00 5120 TC-P reci n ct ADA 56 ❑ 0,00 5120 TC- Provisional 56 0 0.00 7194 TG- Absentee 1409 20 1.43 8 10 2 7194 TC -Early Voting 1401 0 0.00 7194 TG-Early Voting 1401 0 0.00 ADA 7194 TC- Precinct 1401 166 11.85 81 59 26 7194 TC- PrecinctADA 1401 0 0.00 7194 TC- Provisional 1401 0 0.00 7195 TC- Absentee 2134 39 1.63 21 12 6 7196 TC -Early Voting 2134 0 0.00 7196 TG-Early Voting 2134 0 0.00 ADA 7196 TC- Precinct 2134 188 8.81 81 47 1 59 7196 TC- PrecinctADA 2134 0 0.00 7196 TO-Provisional 2134 0 0.00 7196 TC- Absentee 121 9 7.44 4 3 2 7198 TC -Early Voting 121 0 0.00 7198 TC -Early Voting 121 0 0.00 ADA 7198 TC- Precinct 121 11 9.0.9 4 7 7198 TO-Precinct ADA 121 0 100 7198 TC- Provisional 121 0 0.00 7200 TC- Absentee 1682 65 3.86 30 35 7200 TC -Early Voting 1682 0 0.00 7200 TG- EarlyVotirg 1662 0 C.0❑ ADA 7200 TC- Precinct 1682 178 10.58 83 86 9 7200 TC- PrecinctADA 1682 0 0.00 7200 TC- Provisional 1682 0 0.00 7202 TC- Absentee 1242 16 1.29 8 8 7202 TC -Early Voting 1242 0 0.00 7202 TO-Early Votirg 1242 0 0.00 ADA Printed: Thursday, March 14, 2013 4:29 PM Data Refreshed: 3/13/2013 12:53 AM Precinct Canvas March 12, 201 Page 46 of 4 PALM BEACH MUNICIPAL-2013_E De &ray Beach - Question 6 Precinct Canvas March 12, 201 Printed: Thursday, March 14, 2013 4:29 PM Data Refreshed: 3/13/2013 12:53 AM Page 47 of 4 1 @ CD a o w C7 m N G = O C ° m rn co O o m O N a m O N 7202 TC- Precinct 1242 125 10.06 48 51 26 7202 TC- PreoinctADA 1242 0 0.00 7202 TC- Provisional 1242 0 0.00 7204 TC- Absentee 164 3 1.83 3 7204 TC -Early Voting 164 D 0.0c 7204 TC -Early Voting 164 0 0.00 ADA 7204 TC- Precinct 164 16 9.76 7 5 4 7204 TC- PreclnctADA 164 0 0.00 7204 TC- Provisional 164 0 0.00 7206 TC- Absentee 179 5 2.79 2 3 7206 TC -Early Voting 179 D D.Do 7206 TC -Early Voting 179 0 0.00 ADA 7206 TC- Precinct 179 33 18.44 15 17 1 7205 TC- Precinct ADA 179 0 0.00 7206 TC- Provisional 179 0 0,00 7208 TC- Absentee 1083 63 4.89 30 14 9 7208 TC -Early Voting 1083 0 0.00 7208 TC -Early Vofing 1083 0 0.00 ADA 7208 TC- Precinct 1083 112 10.34 64 23 1 24 7208 TC- Precinct ADA 1083 0 0.00 7208 TC- Provlsional 1083 0 0.00 7210 TO-Absentee 1984 32 1.61 19 12 1 7210 TC -Early Voting 1984 0 0.00 7210 TC -Early Voting 1964 0 IN ADA 7210 TG-Precinct 1984 120 6.05 61 47 12 7210 TG-Precinct ADA 1984 0 0.00 7210 TO-Provisional 1984 0 0.00 7212 TG Absentee 1968 28 1.42 17 9 7212 TGEarly Voting 1966 0 0.00 7212 TC -Early Voting 1968 0 0.00 ADA 7212 TC- Precinct 1968 138 7.01 65 47 25 7212 TC- Precinct ADA 1968 0 0,00 7212 TO-Provisional 1968 0 0.00 7214 TC- Absentee 1534 25 1.63 13 8 4 7214 TC -Early Voting 1534 0 O.OD 7214 TO-Early Voting 1534 0 0.00 ADA 7214 TC- Precinct 1534 71 4.63 37 14 H 7214 TC- Precinct ADA 9534 0 0.00 7214 TC- Provisional 1534 D 0.00 TC Absentee 44923 1269 2.82 695 471 1 102 TC -Early Voting 44923 0 0.00 TG-Early Voting ADA 44923 0 O.co TO- Precinct 44923 4987 11.10 2717 1755 3 512 TC- Precinct ADA 44923 a 0.00 TC- Provisional 44923 10 0.02 7 3 Printed: Thursday, March 14, 2013 4:29 PM Data Refreshed: 3/13/2013 12:53 AM Page 47 of 4 PALM BEACH M U N iC I PAL_2013_E Delray Beach - Question 6 Precinct Camas March 12, 201 STATE OF FLORIDA COUNTY OF PALM BEACH I, SUSAN BUCHER, SUPERVISOR OF ELECTIONS, HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF THE RECORDS ON FILE IN THIS OFFICE. WIZJSS H ND AND SEAL THIS l� DAY OF MM A CL, , 21 1L. SUSAN BUCHER SUPERVISOR OF ELECTIONS PALM EACH COUNTY, FLORIDA BY; A. Printed: Thursday, March 14, 2013 429 PM Data Refreshed: 3/13/2013 12:53 AM Page 48 of 4 w m � si U7 Q w Contest7otal 44923 6266 13.951 3419 22291 4 614 STATE OF FLORIDA COUNTY OF PALM BEACH I, SUSAN BUCHER, SUPERVISOR OF ELECTIONS, HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF THE RECORDS ON FILE IN THIS OFFICE. WIZJSS H ND AND SEAL THIS l� DAY OF MM A CL, , 21 1L. SUSAN BUCHER SUPERVISOR OF ELECTIONS PALM EACH COUNTY, FLORIDA BY; A. Printed: Thursday, March 14, 2013 429 PM Data Refreshed: 3/13/2013 12:53 AM Page 48 of 4 RESOLUTION NO. 20 -13 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, WITH RESPECT TO THE RESULTS OF THE REFERENDUM OF THE QUALIFIED ELECTORS OF THE CITY HELD IN THE CITY OF DELRAY BEACH, FLORIDA, ON MARCH 12, 2013, ON THE THE CHARTER CHANGES PRESENTED IN ORDINANCE NOS. 35 -12, 36 -12, 38 -12, 39 -12, 01 -13 AND TO PROVIDE FOR ECONOMIC INCENTIVES TO ENCOURAGE THE RELOCATION OF BUSINESSES TO THE CITY AS SET FORTH IN ORDINANCE NO. 44 -12; CANVASSING THE RETURNS OF SAID REFERENDUM AND DECLARING AND CERTIFYING THE RESULTS THEREOF; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida, (the "Commission "), by Resolution No. 59 -12, duly adopted on December 4, 2012; Resolution No. 2 -13, duly adopted on January 3, 2013 and Resolution No. 11 -13, duly adopted on February 5, 2013 (the "Resolutions ") and Ordinance No. 35 -12, Ordinance No. 36 -12, Ordinance No. 38 -12, and Ordinance No. 39 -12, all duly adopted on October 16, 2012, Ordinance 44 -12 duly adopted on January 3, 2013 and Ordinance 1 -13 duly adopted on February 5, 2013 (the "Ordinances "), did propose to amend the Charter of the City and provide for economic incentives to encourage the relocation of businesses to the city, said Ordinances and Resolutions having further provided and directed that notice of said Referendum is given by publication in accordance with state law, City Charter and City ordinance; and WHEREAS, due and regular notice of said Referendum has been published in the Palm Beach Post and El Latino Semanal Inc. newspapers of general circulation within the City and said publications having been made in English and in Spanish respectively, each once in the fifth week prior to the week in which the Referendum was held, at least 30 days prior to March 12, 2013 and in the third week and seven days prior to the date the Referendum was held, to wit March 12, 2013; and WHEREAS, the Supervisor of Elections of Palm Beach County has provided the Commission with the results of the Referendum for the purpose of canvassing the returns and declaring and certifying the results thereof; and WHEREAS, said Referendum has been duly and properly held in accordance with law and that a copy of the certificate certifying the results of the Referendum to the Florida Department of State (in substantially the form attached hereto as Exhibit "A "), has been delivered to this Commission for the purpose of declaring and certifying the results thereof; and 1 WHEREAS, the official returns of said Referendum delivered to this Commission by the Supervisor of Elections reflect that the total numbers of votes cast in the Referendum by the qualified electors residing in the City APPROVE amending the Charter of the City and providing economic incentives for the relocation of businesses to the city. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Commission at this meeting duly held, having received the results from the Supervisor of Elections, hereby canvasses the returns of said Referendum and determines, finds, declares and certifies the results thereof with respect to the Question as follows: QUESTION 1 CHARTER AMENDMENT - CLARIFYING AND ENHANCING THE "READABILITY" OF THE CHARTER. AN AMENDMENT REVISING THE CITY OF DELRAY BEACH CHARTER BY CORRECTING GRAMMATICAL ERRORS, CLARIFYING CERTAIN PROVISIONS, AND MAKING THE CHARTER EASIER TO READ, AS PROVIDED IN ORDINANCE NO. 35 -12. SHOULD THE ABOVE - DESCRIBED CHARTER AMENDMENT BE ADOPTED? (a) The total number of votes cast in such Referendum by said qualified electors residing in the City that voted "Yes" was 5,366. (b) The total number of votes cast in such Referendum by said qualified electors residing in the City that voted "No" was 462. (c) A majority of the votes cast in such Referendum by such qualified electors in the City APPROVE amending the Charter of the City to correct grammatical errors and clarify certain provisions. 2 RES. NO. 20 -13 QUESTION 2 CHARTER AMENDMENT — COMMISSIONER /MAYOR TERM LENGTH CURRENTLY, THE COMMISSION MEMBERS (INCLUDING THE MAYOR) SERVE TWO -YEAR TERMS AND ARE LIMITED FROM HOLDING OFFICE FOR MORE THAN SIX CONSECUTIVE YEARS. THE CHARTER AMENDMENT PROPOSES THE TERM LENGTHS BE CHANGED FROM TWO YEARS TO THREE YEARS BUT STILL PROVIDE THAT THE COMMISSION MEMBERS (INCLUDING THE MAYOR) ARE LIMITED FROM HOLDING OFFICE FOR MORE THAN SIX CONSECUTIVE YEARS. SHOULD THE ABOVE - DESCRIBED CHARTER AMENDMENT BE ADOPTED? (a) The total number of votes cast in such Referendum by said qualified electors residing in the City that voted "Yes" was 3,828. (b) The total number of votes cast in such Referendum by said qualified electors residing in the City that voted "No" was 2112. (c) A majority of the votes cast in such Referendum by such qualified electors in the City APPROVE amending the Charter of the City to provide: (i) that the term length of office for the Mayor and other City Commission Members be extended from two years to three years. QUESTION 3 CHARTER AMENDMENT — EXTENSION OF TERM LIMITS FOR A COMMISSIONER WHO IS ELECTED MAYOR CURRENTLY, THE COMMISSIONERS AND MAYOR CAN ONLY HOLD OFFICE FOR A MAXIMUM CONTINUOUS PERIOD OF SIX YEARS. THE CHARTER AMENDMENT PROPOSES THAT IF A COMMISSIONER IS ELECTED MAYOR, THEN THE TIME SPENT AS A COMMISSIONER SHALL NOT COUNT TOWARD THE MAXIMUM TIME LIMIT AND THE PERSON COULD SERVE AS MAYOR FOR A MAXIMUM PERIOD OF SIX YEARS. THIS EXTENSION WOULD NOT APPLY IF THE MAYOR IS ELECTED OR APPOINTED TO THE OFFICE OF COMMISSIONER. SHOULD THE ABOVE - DESCRIBED CHARTER AMENDMENT BE ADOPTED? 3 RES. NO. 20 -13 (a) The total number of votes cast in such Referendum by said qualified electors residing in the City that voted "Yes" was 3,377. (b) The total number of votes cast in such Referendum by said qualified electors residing in the City that voted "No" was 2,413. (c) A majority of the votes cast in such Referendum by such qualified electors in the City APPROVE amending the Charter of the City to provide: (i) that if a Commissioner is elected Mayor the time served as a Commissioner would not count towards the maximum time limit and the person could serve as Mayor for a maximum period of six years. QUESTION 4 CHARTER AMENDMENT- CITY MANAGER COMPENSATION CURRENTLY THE CHARTER PROVIDES THAT THE CITY MANAGER'S SALARY MAY NOT BE REDUCED. THE CHARTER AMENDMENT PROPOSES TO REMOVE THE LANGUAGE FROM THE CHARTER THAT THE CITY MANAGER'S SALARY MAY NOT BE REDUCED. SHOULD THE ABOVE - DESCRIBED CHARTER AMENDMENT BE ADOPTED? (a) The total number of votes cast in such Referendum by said qualified electors residing in the City that voted "Yes" was 4,313. (b) The total number of votes cast in such Referendum by said qualified electors residing in the City that voted "No" was L472. (c) A majority of the votes cast in such Referendum by such qualified electors in the City APPROVE amending the Charter of the City to provide: (i)for the removal of the language from the charter that the city manager's salary may not be reduced. 4 RES. NO. 20 -13 QUESTION 5 AUTHORIZATION TO GRANT ECONOMIC PROPERTY TAX EXEMPTIONS IN ACCORDANCE WITH THE STATE CONSTITUTION SHALL THE CITY COMMISSION BE AUTHORIZED TO GRANT, PURSUANT TO S. 3, ART. VII OF THE STATE CONSTITUTION, PROPERTY TAX EXEMPTIONS TO NEW BUSINESSES AND EXPANSIONS OF EXISTING BUSINESSES THAT ARE EXPECTED TO CREATE NEW, FULL -TIME JOBS IN THE CITY OF DELRAY BEACH? SHOULD THE ABOVE - DESCRIBED QUESTION BE ADOPTED? (a) The total number of votes cast in such Referendum by said qualified electors residing in the City that voted "Yes" was 3,691. (b) The total number of votes cast in such Referendum by said qualified electors residing in the City that voted "No" was 2,077. (c) A majority of the votes cast in such Referendum by such qualified electors in the City APPROVE authorizing: (i) the granting of economic property tax exemptions to new businesses and expansions of existing businesses that are expected to create new, full -time jobs in the city of Delray Beach. QUESTION 6 CHARTER AMENDMENT- VOTING PROCEDURE CHANGE CURRENTLY THE CHARTER PROVIDES THAT VOTES BY THE COMMISSION SHALL BE BY ROLL CALL AND MUST BE MADE IN THE AFFIRMATIVE. THE CHARTER AMENDMENT PROPOSES TO ALLOW THE RULES ADOPTED BY THE COMMISSION TO SET FORTH THE VOTING PROCEDURAL REQUIREMENTS AND REMOVES THE PROCEDURAL REQUIREMENT THAT VOTES MUST BE MADE IN THE AFFIRMATIVE, BUT THERE STILL MUST BE THREE CONCURRING VOTES ON ANY ACTION. SHOULD THE ABOVE - DESCRIBED CHARTER AMENDMENT BE ADOPTED? 5 RES. NO. 20 -13 (a) The total number of votes cast in such Referendum by said qualified electors residing in the City that voted "Yes" was 3,419. (b) The total number of votes cast in such Referendum by said qualified electors residing in the City that voted "No" was 2,229. (c) A majority of the votes cast in such Referendum by such qualified electors in the City APPROVE amending the Charter of the City to provide: (i) that the rules adopted by Commission will set forth the voting procedural requirements and removes the procedural requirement that votes must be made in the affirmative, and that there still must be three concurring votes on any action. Section 2. That said Referendum was in all respects conducted in accordance with law, and that all steps in connection with and preceding such Referendum have been duly, regularly, lawfully taken and that the statutes and constitution of the State of Florida, the City Charter and City ordinances have been duly complied with in accordance with all their provisions. Section 3. That a true and correct copy of the certified results shall be filed by the Commission with the Florida Department of State in substantially the form attained hereto as Exhibit "A" (the "Certificate ") and that the Commission shall secure an affidavit of publication from the publishers of the Palm Beach Post, and El Latino Semanal Inc. attesting to the publications of the notice of the Referendum (the "Affidavit "). Section 4. That said returns shall be entered and recorded in the minutes of the Commission; and this Resolution, the Affidavit and Certificate shall be recorded in the minutes of the Commission. Section 5. All resolutions or parts thereof in conflict or inconsistent herewith are hereby repealed insofar as any conflict or any inconsistencies exists. Section 6. That this Resolution shall take effect immediately upon its adoption. 6 RES. NO. 20 -13 PASSED AND ADOPTED in special session on this 14`h day of March, 2013. CITY OF DELRAY BEACH, FLORIDA MAYOR ATTEST: City Clerk RES. NO. 20 -13 Exhibit "A" CERTIFICATE OF CITY CANVASSING BOARD CITY OF DELRAY BEACH, FLORIDA REFERENDUM MARCH 12, 2013 STATE OF FLORIDA PALM BEACH COUNTY Pursuant to the requirements of Section 100.351 of the Florida Statutes, we, the undersigned, Thomas F. Carney, Jr., Mayor of the City of Delray Beach, Adam Frankel, Vice - Mayor, Angeleta E. Gray, Deputy Vice - Mayor, Alson Jacquet, City Commissioner, and Christina Morrison, City Commissioner do hereby certify that on the 14`h day of March, A.D., 2013, we canvassed the votes as shown by the records on file in the Office of the Supervisor of Elections. WE do hereby certify from said returns as follows: That for the City of Delray Beach, Florida, Referendum, the whole number of votes cast was 6,266 votes of which number the City electors voted in the following manner in connection with the referendum listed below. Yes 5,366 No 462 Yes 3,828 No 2,012 Yes 3,377 No 2,413 QUESTION 1 QUESTION 2 QUESTION 3 8 RES. NO. 20 -13 QUESTION 4 Yes 4,313 No 1,472 QUESTION 5 Yes 3,691 No 2,077 QUESTION 6 Yes 3,419 No 2,229 Witness our hands and seal this the 14TH day of March, 2013. Thomas F. Carney, Jr., Mayor Adam Frankel, Vice -Mayor Angeleta E. Gray, Deputy Vice -Mayor Alson Jacquet, City Commissioner Christina Morrison, City Commissioner 9 RES. NO. 20 -13 MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: Douglas E. Smith, Interim City Manager DATE: February 25, 2013 SUBJECT: AGENDA ITEM 9.I. - REGULAR COMMISSION MEETING OF MARCH 19, 2013 SPECIAL EVENT REQUEST/ AVDA 5K/10K WALK/RUN ITEM BEFORE COMMISSION City Commission is requested to approve a Special Event Permit for the 14th Annual Aid to Victims of Domestic Abuse, Inc. 5K/lOK Walk/Run to be held on Saturday, October 12, 2013 from 5:00 a.m. until approximately noon, set up at 5:00 a.m., race to start 7:30 a.m. Commission is also requested to approve a temporary use permit per LDR Section 2.4.6(F) for the use of Anchor Park and the City right -of -way along Ocean Boulevard from Bucida Road to George Bush Boulevard, to waive parking meter fees in Anchor Park, Sandoway lots, Atlantic Dunes Park, Ingraham Lot and the City lot at Gleason Street and to authorize staff support for providing traffic control, EMS assistance, barricading, signage, trash pick up and removal, set up and use of the small stage, and use of a City generator. BACKGROUND Attached are the Special Event Permit, site plan and budget we received from Pamela O'Brien, on behalf of AVDA, to hold their 14th Annual 5K/lOK Walk/Run on Saturday, October 12, 2013. The route requested is on A -1 -A from Bucida Road to George Bush Boulevard. AVDA volunteers will assist with marshals and will provide assistance with clean up. The stage will be set up in the park on Friday and removed on Monday. The estimated overtime costs for the event is approximately $4,976, administrative Fee is $249, stage rental is $265 and barricades rental $100 for a total of $5,590. Per the City's Special Event Policies and Procedures, the event producer is required to pay 100% of all City costs. RECOMMENDATION Staff recommends approval of the Special Event Permit, the temporary use permit, and the waiver of parking fees in Anchor Park, Sandoway lots, Atlantic Dunes Park, Ingraham Lot and the City lot at Gleason Street from 5:00 a.m. until 11:00 a.m. We also recommend authorization to provide staff support for traffic control, EMS assistance, barricading, signage, clean up, City generator, and stage set up and use contingent on the receipt of the Certificate of Liability Insurance by September 27, 2013. City of Delray Beach f DEY 1 0 �t t, A Special Event Permit �r,,a►�{�c� Application r REVISED 11.2.11 PLEASE TYPE OR PRINT 1993 2001 Event Name/Title: AVDA -14th Annual Race for Hope Event Date(s): October 12, 2013 Tithes: 5 AM -11 AM Requesting street closure: . yes X no (If yes, aced time /date for closure and reopening) October. 12 2013 - 5 AM -10 AM Event Sponsor /Producer: AVDA -Aid to Victims of Domestic Abuse Inc. Event Contact /Coordinator: Pamela O'Brien, President & CEO Name: Pamela O'Brien Address: PO Box 6161, Defray Beach, EL 33482-6161 Telephone Number: 561 - 265 -37 Cellular Number: E -mail Address: po n@avda-tl.com Event DeseriptioWPurpose: A 5K run /walk and 10K run to raise awareness and funds for AVDA - Aid to Victims of Domestic Abuse. Inc. Brief History of Event (If applicable): This event has ben held for the-past 14 years at the same location. Planned Activities (Outline of activities /number of activities, Le, entertairnnlent, children's rides, games, other programs): 5K Run/Walk, 1 OK Run, Kid's Dash, DJ, awards and prizes. Page 1of5 Page 2 of 5 Number of Individuals Served Previous Year (if applicable): 800 Describe the targeted population and eY ected attendance: Delray Beach residents are the primary audience; however runners come from Fort Lauderdale, Miami and West Palm Beach areas as well. Expected attendance is 1,000. Describe how the program or project addresses community needs: AVDNS event brings awareness of domestic abuse to the community and programs we offer address the impact of domestic abuse and families. Describe your Marketing/Pronrotions Program (How will you market /promote, Le. TV, radio, posters, flyers, web sites, other): Ads placed in magazines, newspapers, e- blasts, website, Facebook, media alerts and press releases, poster, flyer and brochure distribution. Sponsor Category (please check) City o Non- Profit/Charitable dX' Private El Co-Sponsor—Non-Profit/Private, o (If Nort pr -oft t attach proof of 501c(3), c(4), c(6), C(10), or- c(19) or- (d) Event Location (Describe area boundaries of event /location): Anchor Park - Al A Delray Beach Runners begin at Anchor Park and proceed to George Bush Blvd., returninq the same route en ing at nc or ParK. For I UK participants the same course is repeated. Site plan attached: yes x no (Site plan r'ef uh-ed for entire event site. Include locations of tents, stage, portalets, dumpsters, por(able lighting, and barricade location if Applicable.) Rental of Old School Square: yes no x (If yes, attach proof of approval) Rental of Old School Square Park: yes no x (If yes, attach proof of rental agreement with Parks & Recreation) Private Property Use: yes izo x (If yes, attach letter giving authorization from property owner) Event budget Revenue & Expenses attached: yes x no (Rerluhvdfor all events) U:h»•clMOpWal Vvent RequestlSpecial Event F'emiit Application REVISED FINAL FYI 0- 11(3).doo Previous year Revenue/Expense summary attached: yes X (Required for all events) Arts and Economic Impact Calculator attached: yes no Obtained on line at tivNvNY .AinericansForTheAi- ts.org (Required for all events except minor events and 5K Rubs) Do you have cash sponsors for the event: yes X no (indicated on budget) Do you have inkind sponsors for the event: yes X no (Indicated on budget) no Page 3 of 5 X Serving or selling alcoholic beverages: yes no X If yes, what entity is obtaining the Alcohol License permit? (.Ifyes, copy of license and alcohol liability insurance required two (2) weeks prior to event) Event certificate of insurance attached: yes _ no X (Required tivo (2) weelrs prior to event naming the City as a(Mitional irrsure(l, also r'equir'ed for vendors) Playing of amplified music: yes X no (Waiver required) Will there be entertainment: yes X no (If yes, attached list of Performers and/or DJ's) If yes, sponsor agrees all entertainment will be family oriented and contain no obscenities: yes X no. Requesting Police assistance: yes X 110 (traffic control /security) Will supplement with private security: yes 110 X - (If yes, need plant attached) Requesting Emergency Medical assistance: yes X no Requesting barricade assistance. yes X no (If no, how are you handling ?) Requesting trash removal /clean tip assistance: yes X no (If no, how are you handling ?) Requesting gash boxes /containers and liners: yes -X Iro Requesting stage use: yes X no (1f yes, check type) Large stage (14' x 36') o Small stage (16' x 21') dC Half small stage (8' x 21') o U.NNvwda1,0Speck1 Evcnt Reg"tlSpeclat Event Pennit Application REVISED FINAL FXIO -! 1(3),doc Requesting signage: yes x 110 Type: 4'x4'Event sign x Parking Signs x Banner haugiug x Indicate elates ;- equired 9127113 (Waiver required if more than trvo (2) Iveek prlor to event) Requesting City Portable Generator: (If yes, size & power) Food and beverage vendors: If yes, approximate number (Health Department approval required) Other vendors: (Indicate type) yes---Y._....._._. no yes no X yes ilo yes no X Page 4 of 5 Tents: 3 yes no If yes, Hojv marry What size or size required 2a 16x20; 1 @ I Ox10 (If yes, teat permits andfli-e inspections may be needed) Will the event include amusement rides: yes na x (If yes, type and location and copy of liability insurance regrrire(l, also requires state license and inspection.) Will the event be gated: (Sho)v orr-site inap) Will there be a charge for the event: (If yes, indicate ticket prices) yes no x x $e $30 -$40 110 Will there be fireworks or other pyrotechnics: yes no x (If yes, contact Fire Marshal to obtain and coinplete perrnit al)plication) Will there be cooking with compressed gas: yes x no (If yes, contact Fire Marshal for inspections) Will you be providing port -a -lets for the event: yes x Ilo (If yes, locate on site rnap. If no, indicate hone you 011 handle restroom needs) Is reserved parking requested: yes x _ no (Ifyes, indicate locations andpitFpose for rise) Request for parking meters to be off during the event from 5 AM -11 AM at Anchor Park, Sandoway Park, Atlantic Dunes Park, Ingraham Lot and City Lot at Gleason Street. U:\NvAvd11a1Spcda1 Event Requesl\Special Event Permit Application REVISED FINAL FY10 -I 1(3).doc Page 5 of 5 Event Permit Requesting opening of Old School Square parking lot. Attachments: x Revenue/Expense, Budget x Revenue/Expense Recap Last Years Event x Site PIan Arts and Economic fliipact Calendar x Letter Requesting Noise Ordinance Waiver Letter Requesting Waiver Consumption Alcohol Beverages x Proof of Non -Profit Status General Liability Insurance Certificate Alcohol Beverage Liability Certificate Proof of Rental Agreement or Authorization Letter from Private Property Owner x Hold Harmless Agreement, notarized. Submittal Date Requirements: • minor llvent 45 days prior to event + Intermediate Event 90 days prior to event s major livent 124 days Prior to event Neighborhood Bloelc Party 30 days prior to event 'Ile 71 `'vent Con tractor /Coordh ator D to Please print: Pamela O'Brien, President & CI=O 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 OWN 13 Received Application fee received $ lfAwwdat0pecint Event KeyuesMpecial Event PemritApplicationRE -VISED FINAL FY10 -1 L(3 ).doe P r lui � bu y� 0 t i Q Race Natne: AVDA SK. Locations, Delray Beach, FL, Measured by: Gene Witkowski STAR'l':'on Gleason St. Ht west entrance to Anchor Park. PK nail is 24" W from edge of pavement; 9' -3" NW from lite pole and 13'4" SlP, from a manl3ole. MILE 1: on 0ccan Blvd, at'I'homas St. PK nail is 9 feet, W from curb opposite of It 126 and '81'-0" NW fitom S end of retaining wail along beach, TURNAROUND: on Ocean Blvd, and George Bush Blvd. PK nail is on center of double dividing lime and 28' -9" NE n a fire hydrant. MILE 2. on Ocean Blvd. N of # 418 and SCaspray Ave. li 1 11 . PK nail is 24 8 from cdgc of pavGnnPnt and 28 -5 NVV from a manhole, located in the sidewalk, push t cG MILE 3 : on Ocean Blvd. and entrance to LWkia Villas. PK nail is 24" E from edge of pavement mid 27'10" NE ftoin pole It 88104544603. FINISH: on one -way entrance to Anchor Park, PK nail is 4'4' E from median curb and 22'4' SW from trash barrel slab, See Detail. CONES: will be placed on center of dividing line from Bucidi to George Bush Blvd. at `I`tmwround, NOTES: Start, Splits, Turnarounsd & Finish are marked with PK nail & washer painted over � &A�b Y Pa.1 �w} • ca „d a 2 60, I wf , 7= + Rar 1z> 1 1 uu: z)`ip Vain aa't r ! 1 1000 r+. 1 RACE NAME: AVDA 10K LOCATION: Mi ray Beach, FL. MEASU By'. Gene witko RED wsid START: on 0loason St. at west entrance to Anchor Park PK nail is 24" W frorn edp of pavement; 9' -3" NW from light polo and 13'-4" SE from a manhole. MILE 1: on Ocean Blvd. at Thomas St. PK nail is 9' W from curb apposite of # 126 and 81' NW fi-om S end of retaining wall along beach. 'I MAROM: on 0ma Blvd. and Qeorgo Bush Dlvd. PK Waif is on center of double dividing lime and 28' -9" NE from a fire hydrant. MIIIE 2, on Ocean Blvd. N of # 418 and Sempray Ave. PK nail is 24" E from edge of pavement and 28' -5" NW from a manhole located in the sidewalk. hiII1E 3: on Ocean Blv& and entranco to 1_.anikin Villas. PK nail is ?h" H from edge of pavement and 27' -l0" NE from pole ##8104544603. MIA 4: on Ocean Blvd. PK nail is 24" W from curb,E of pole #68104600000 in front of Marriott parking lot. lViIIIE S: on Qccan Blvd. in front of # 602. PK nail is 24" L, from edge of pavement and E of pole #69105696202. MILE, 6: on Ocean Blvd. In front of # 220. PX nail is 24" E *om edge of pavement. FINISH: in main parking lot of Anchor Community Canter. PK nail is at the and of a pa. "g space divider line and.201- 4" SE of a drain. See domits. CONES: will be placed on center of dividing line f3rour Bucidl to George Bush -Blvd. at Tuxmaround. NOTES: Start, Splits, Turnarounds & Finish are marked with PK nail and washer painted aver. Guq& lksl b1v • TU nwb,u 0 0 Q Par E. co ,43 126 0 Attawl"n, [ lc ! l 4 0 i E&h Vv. . I ate . .1 =1 Q- 1 1 ni I U-1 V l M 1{ I �o jol � J v !� a i AVDA Race for Hope 2013 Proposed Budget 2013 Income Sponosors $ 25,000 Registrations /Contributions $ 35,000 $ 60,000 Expenditures Advertising $ 2,200 Awards $ 750 City of Delray Beach Services $ 5,000 Decorations /Supplies $ 500 D Entertainment $ 1,100 Emcee $ 250 Labor $ 1,000 Lighting $ 1,100 Permit $ 150 Portalets $ 800 Postage $ 260 Printing $ 1,700 Race Management /Timing Services $ 4,900 Raffle Prizes $ - Signage $ 400 Truck Rental $ 200 T- Shirts $ 2,200 $ 22,510 Net Income $ 37,490 In -kind AVDA Race for Hope 2012 Actual 2012 Income Sponosors $ 24,300 Registrations /Contributions $ 28,322 $ 52,622 Expenditures Advertising $ 2,198 Awards $ 707 City of Delray Beach Services $ 4,959 Decorations /Supplies $ 4,178 DJ Entertainment $ 1,100 Eineee $ - Labor $ 960 Lighting $ 1,112 Permit $ 150 Portalets $ 799 Postage $ - Printing $ 1,655 Race Management /Timing Services $ 4,890 Raffle Prizes $ - Signage $ 360 Tiuck Rental $ 143 T- Shirts $ 2,189 S25.400 Net Income $ 27,222 In -kind 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: March 14, 2013 SUBJECT: AGENDA ITEM 9.J. - REGULAR COMMISSION MEETING OF MARCH 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 March 4, 2013 through March 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 March 13, 2013 A. Approved (6 to 1, Alice Finst dissenting), the architectural elevation plan associated with the construction of a 4- story, 95 -room hotel for Delray Beach Fairfield Inn Hotel, located on the south side of West Atlantic Avenue, between SW 9th Avenue and SW 10th Avenue. B. Tabled (6 to 0, Mark Gregory stepped down), the Class V site plan, landscape plan and architectural elevation plan associated with the construction of a 116,580 sq. ft. (not including the enclosed service /loading and refuse areas) shopping center consisting of multiple commercial buildings, parking and landscaping for Delray Place, located at the southeast corner of Linton Boulevard and South Federal Highway. The Board's actions of the following waivers are noted below: i. Recommended approval to the City Commission (6 to 0), of a waiver to LDR Section 4.4.25 (D)(1), for pavement encroachment into the required 15' perimeter setback for the SAD zoning district, for the driveway /parking aisle along Linton Boulevard and the outdoor dining area along the south side of the 400 building. ii. Approved (6 to 0), a waiver to LDR Section 4.3.4(H)(6)(b)(1), to reduce the required 25 foot special landscape buffer along South Federal Highway to 15 feet. iii. Approved (5 to 1, Rustem Kupi dissenting), of a waiver to LDR Section 4.3.4(H)(6)(b)(4), to reduce the required special landscape buffer along Linton Boulevard from the required 15.5 and 30 feet to 9 feet. iv. Recommended approval to the City Commission (6 to 0), of a waiver to LDR Section 4.6.9(D) (3)(c), Stacking Distance, to reduce the required 50 foot stacking distance between a right -of- way and the first parking space or aisle way in a parking lot to twenty -seven (27) feet for the two entrances on Linton Boulevard and thirty -three (33) feet for the entrance on Eve Street. v.(a) Approved (5 to 1, Rustem Kupi dissenting), a waiver to LDR Section 4.6.16(H)(3)(i), requiring landscape islands (five (5) islands) to be placed at intervals of no less than one landscaped island for every thirteen (13) standard parking spaces or fifteen (15) compact parking spaces. v.(b) Approved (6 to 0), of a waiver to LDR Section 4.6.16(H)(3)(i), requiring landscape islands which contain a minimum of one hundred thirty -five (135) square feet of planting area, with a minimum dimension of nine (9) feet, exclusive of the required curb. Eight (8) islands are being reduced from 9 feet to 8 feet and four (4) islands are being reduced in size from a minimum of 135 square feet to a minimum 100 square feet. vi. Approved (5 to 1, Rustem Kupi dissenting), of a waiver to LDR Section 4.6.16(H)(3)(k), requiring a 5' landscape strip with a two foot hedge to be placed between abutting parking tiers, to allow sidewalks to be placed in two required landscape strips. Historic Preservation Board Meeting of March 6, 2013 1. Approved (5 to 0, Reginald Cox and Anna Maria Aponte, a request for a Certificate of Appropriateness for additions and alterations to the residential structures located at 916 & 198 NE 5th Street "The Water House" which is an individually designated property. 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 MARCH 19, 2013 SPRAB: HPB: A. DELRAY BEACH FAIRFIELD INN HOTEL 1. 916 -918 NE 5TH STREET B. DELRAY PLACE -- DIGITAL BASE MAP SYSTEM -- -- DLS -- MAP REF: S: \Planning & Zoning \DBMS \File— Cab \CC— DDC \3 -19 -13 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: March 13, 2013 SUBJECT: AGENDA ITEM 9.K. - REGULAR COMMISSION MEETING OF MARCH 19, 2013 RIGHT OF WAY DEED/ 428 N.E. 8TH AVENUE (ADDENDUM) 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 428 N.E. 8th Avenue. 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 west side of N.E. 8th Avenue, south of N.E. 5th 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 west 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 redevelopments along N.E. 8th Avenue. RECOMMENDATION Staff recommends approval of Right -of -Way Deed. Prepared by: RETURN: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach, Florida 33444 PIN # RIGHT -OF -WAY DEED THIS INDENTURE made this m day of k /�, 2013, between C _-J"' ('A"L , with a mailing address of _1 G E 7+ K_ f -i 0t �, as parry of the first part and CITY OF DELRAY BEACH, FLORIDA, a Florida municipal corporation with a mailing address of 100 N.W. Ist 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 party 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. 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. 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 presence of: (Name printed or typed (Name printed or typed) STATE OF t r t e COUNTY OF PARTY OF THE FIRST PART By: (Name printed or typed) (Address) The foregoing instrument was acknowledged before me this L31, day of 20 by o ;71V' 1 C 6 N lhe'i` who is personally known to me or has produced , � as iqe �dXation. ��<PRY PV in e're. 4,s FANEAN PIERRE a = Notary Public - State of Florida My Comm. Expires Aug 14. 2015 Commission # EE 121475 2 ture of Notary Public - of Florida Exhibit "A" A ACCURATE LAND SURVEYORS, INC. 1150 E, ATLANTIC BLVD. L.B. #3635 POMPANO BEACH, FLORIDA 33060 SHEET 1 OF 1 15' ALLEY RIGHT OF WAY 2' R/W LESSOUT 0 50.00' o ° a ' 93,0 5 0.0 0' �;�° i C\2 I I� i LOT 3 of N VACANT T1 ° O 50.00 00' N.E. 8th AVENUE M TEL. (954) 782 --1441 FAX. (954) 782 -1442 Z M O� 20 0 10 20 GRAPHIC SCALE 1"=20' 2' R/W DEDICATION DESCRIPTION: We hereby certify that the attached sketch of the hereon described property is true THE WEST 2 FEET OF LOT 3, OF LAS PALMAS, and correct to the best of our knowledge and belief as delineated under our ACCORDING TO THE PLAT THEREOF, AS RECORDED direanonanddoes not constitute a field sur vayas such, l further certify that this sketch meets the minimum technical standards under Rule 53 -17 adopted by the IN PLAT BOOK 10, PAGE 68, OF THE PUBLIC Florida Board of Land Surveyors, Oct cbar l st, 20D9. RECORDS OF PALM BEACH COUNTY, FLORIDA. CERTIFY T0: C E DAVID STEVENS Not valid without the signature and the origihot roiled seol of a Florida License REVISIONS DATE BV rich is and Mapper. ROBERT L. THOMPSON (PRESIDENT) PROFESSIONAL SURVEYOR AND MAPPER No.3869 — STATE OF FLORIDA DATE OF SKETCH DRAWN BY CHECKED BY FIELD BOOK SKETCH 03 -12 -13 MLW MLW ALS —SU -13 -0661 SCALE 1 "= 20' Nu..,;,SU -13 -0661 1150 E. ATLANTIC BLVD. ACCURATE LAND SURVEYORS, INC. TEL. (954) 782 -1441 POMPANO BEACH FLORIDA 33060 P, L.B. #3635 SHEET 1 OF 2 FAX. (954) 782 -1442 TYPE OF SURVEY: BOUNDARY JOB NUMBER: SU -11 -0203 TOPO,12 -3620 LEGAL DESCRIPTION: LOT 3 LESS AND EXCEPT THE WEST 2 FEET THEROF, OF LAS PALMAS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 10, PAGE 68 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. ADDRESS: 428 NE 8TH AVENUE DELRAY BEACH, FL 33483 FLOOD ZONE: X BASE FLOOD ELEVATION: NIA CONTROL PANEL NUMBER: 125102- 0002 -D EFFECTIVE: REVISED: 1/5/1989 LOWEST FLOOR ELEVATION: NIA GARAGE FLOOR ELEVATION: NIA LOWEST ADJACENT GRADE: NIA HIGHEST ADJACENT GRADE: NIA REFERENCE BENCH MARK: CITY OF DELRAY BEACH BM #A -72 ELEV:6.521'NGVD CERTIFY TO- 1. DAVID STEVENS 2. 3. 4. 5. 6. NOTES: E A �� 1. THIS SURVEY CONSISTS OF A MAP AND A TEXT REPORT. ONE IS NOT VALID WITHOUT THE OTHER. \ 2. OWNERSHIP OF FENCE AND WALLS IF ANY, NOT DETERMINED. NOT VALID WITHOUT 3. THIS SURVEY IS MADE FOR THE EXCLUSIVE USE OF THE CERTIFIED HEREON. TO BE VALID ONE YEAR THE SIGNATURE AND FROM THE DATE OF SURVEY AS SHOWN HEREON. THE ORIGINAL RAISED SEAL OF A FLORIDA a = CENTRALANGLE LEGEND OF ABBREVIATIONS: LICENSED SURVEYOR A CB = ARC LENGTH OD DO = CHORD BEARING AND MAPPER. R = RADIUS OR +^ ELEVATIONS BASED ON NGVD 1929 D.B. DEED BOOK RAN = RIGHT OF WAY SG. Er. = SOUARE FEET MAINT. MAINTENANCE CUP = CHAIN LINK FENCE PC. - POINTOFCURVATU RE PCP, = PERMANENT CONTROL POINT B.C.R. = BROWARD COUNTY RECORDS WF = WOOD FENCE P.T. = POI NT OFTANGENGY p,B.C.R, = PALM BEACH COUNTY RECORDS D.C.R. = DADE COUNTY RECORDS BLVD, - BOULEVARD AM = WATER METER P = PLAT P.B. = PLAT BOOK AD - ASSUMED DATUM OH OVERHANG NSD = NAIL B DISC O.R.B. = OFFICIAL RECORDS BOCK IM_ - IRON PIPE N - NORTH P.O.C. = POINT OF COMMENCEMENT F.F = FINISHED FLOOR I.R. = IRON ROD 5 SOUTH P.O.B. = POINTOFBEGINNING ENCH. ENCROACH PR. M. = PERMANENT REFERENCE MONUMENT E = EAST AC - AIR CONDITIONER NA.V) NATIONAL GEODETIC VERTICAL DATUM W WEST ENO. - _M— FOUND X —X--�X = CHAIN LINK FENCE UE. = UTI LITYEASEMENT BM. = BENCHMARK CHATT. = CHATTAHOOCHEE WOOD FENCE D.E. = DRAINAGE EASEMENT PH = FIRE HYDRANT F.P.L. = FLORIDA POWER 6 LIGHT = METALFENCE A,E, ANCHOR EASEMENT ols = OFFSET ELEV. ELEVA7lON PVC FENCE GAR. GARAGE SEC. = SECTION\ MH = MANHOLE CONCRETE FENCE CIL = CENTERLINE TWP. = TOWNSHIP ESMT. = EASEMENT = CONCRETE WALL (M) = MEASURED RGE. = RANGE ELEC. - ELECTRIC = WIRE FENCE LP - LIGHT POLE 1150 E. ATLANTIC BLVD. ACCURATE LAND SURVEYORS, INC. TEL. (954) 782 -1441 POMPANO BEACH FLORIDA 33060 L.B. #3635 SHEET 2 OF 2 FAX. (954) 782 -1442 FOUND 5/8', y£- y1:63 . 1 '- IRON ROD S HALT PAVEMENT & CAP 0,0 (NO ID 6 SET 1/2" IRON ,�(b 9D�3>?' R/W LESSOUT yap ROD & CAP FENCE OD` ry9ry LB3635 0.50' S. 1.45' E. Z Uj 10.s� 1> FENCE o 4 0.80' S. I- I —n L RAISED o° ° LOT 3 0 Co d g N O VACANT ' cco `""I 1� 1-7 �- 10- in N 1 FOUND r a 3 r LL �O S ��— N FOUND 1/2" 1l IRON ROD & CAP (NO ID) FENCE 0.0' N. SET 1/2" IRON 0.20' E. ROD & CAP LB3635 I` 5' CHAINLINK FENCE 1 N J J-� FENCE 0.60 N. 0.05 W. FOUND 1/2" IRON ROD ? (NO ID) 'OSS, 50.00' r1 \eO _ \�o _ SET NAIL' :: - ,:..,; .'.. .: ' y ,':.. c': ` 5ET NAIL SITE B,M` N.E.. 8th, VENU SITE (3.M. — o.. :.50 RIGHT OF WAY,'.,: °.: 20 ASPHALT PAVEMENTtr /DENOTES ELEVATIONS BASED ON N.G.V.D. 1. unless otherwise noted field measurements are in agreement with record measurement. 2. Bearings shown hereon are based on an assumed bearing of n/a 3. The lands shown hereon were not abstracted for ownership, rights of way, easements, or other matters of records by Accurate Land Surveyors, Inc. 4. Ownership of fences and walls, if any, are not determined. 5. This survey is the property of Accurate Land Surveyors, Inc., and shall not be used or reproduced in whole or in part without written authorization. 6. This survey is made for the exclusive use of the certified hereon, to be valid one year from the date of survey as shown hereon. 7. This survey consists of a map and text report, one is not valid without the other. REVISIONS DATE BY ADDITIONAL TOPO & R/W LE55OUT 13 -0661 02 -28 -13 1 MLW UPDATE TOPO SURVEY SU -12 -3620 1 11 -29 -12 AL RLT DATE OF SURVEY DRAWN BY CHECKED BY FlELD BOON 01/26/11 SP RLT 124.65' f rn Z CzI EI EQI xlI� r 1 FOUND NAIL & DISC. I (NO ID) CERTIFICATION: This is to certify that I have recently surveyed the property described in the foregoing title caption and have set or found monuments as indicated on this sketch and that said above ground survey and sketch are accurate and correct to the best of my knowledge and belief. I further certify that this survey meets Minimum Technical Standards under Rule 5J -17, adopted by the Florida Board of Land Surveyors. October 1st, 2009. 11 -0203 - NUMBER 4 I- I RE AND nORIG'NAL L RAISED FLORIDA � C� RVEYOR PER. - STATE OF FLORIDA R OBERT L. THOMPSON (PRESIDENT) PROFESSIONAL SURVEYOR AND MAPPER No.3B69 SCALE 1 "- 30' SKETCH SU -17 -0203 11 -0203 - NUMBER �i J 7 K f -', W z 'Llf lkl6wz-% ..; - rh NNVW ., Ir ..•'.., x 4W J% 4r lop If Ar awl Aw W f z' + } •= L T .-ZIP f °. ' MEMORANDUM TO: Mayor and City Commissioners FROM: Candi Jefferson, Senior Planner Paul Dorling, AICP, Director of Planning & Zoning THROUGH: Douglas E. Smith, Interim City Manager DATE: March 12, 2013 SUBJECT: AGENDA ITEM 10.A. - REGULAR COMMISSION MEETING OF MARCH 19, 2013 CONDITIONAL USE REQUEST/ SOUTHGATE MOTEL ITEM BEFORE COMMISSION The item before the City Commission is consideration of a conditional use request associated with the renovation and expansion of seven (7) of the existing ten (10) rooms at the Southgate Motel, construction of a two -story addition to accommodate seventeen (17) new motel rooms (total of 27 rooms) and construction of new on -site parking spaceswith associated landscaping locatedat 1600 North Federal Highway. BACKGROUND The subject property contains 0.67 acres and lies 500' north of NE 14th Street, between N. Old Dixie Hwy. & N. Federal Hwy. (US1). The proposed conditional use request is to allow expansion of the existing 3,937 sq. ft. Southgate Motel adding 9,614 sq. ft. of additional use area for a total of 13,551 sq. ft. Seven (7) of the existing motel units will be expanded and an additional (17) rooms will be added for a total of twenty -seven (27) rooms. The motel will operate twenty -four (24) hours and will have an on- site manager's office and manager residence. All rooms will offer daily rental rates for the general public ranging from $49.99 to $99.99 per night. There will be a total of two (2) employees and the on- site amenities for motel guests include laundry facilities and continental breakfast facilities. Initially, the development proposal contained internal improvements (i.e. stoves and refrigerators), which suggest that this will not operate as a motel but more as longer term housing option. Certain conditions (e.g. removal of full -size appliances, no 220 electrical service outlets other than A/C, etc.) have been added to minimize this possibility. Similarly, the site proposes a two -story manager's residence with a garage as one (1) of the seventeen (17) new motel units. It is noted that an owner's unit can only be provided as an on -site standalone single family dwelling unit, an upper level unit with commercial use on the ground level of a mixed -use development or as a motel unit without full size appliances. The proposed configuration does not meet these requirements. This issue will need to be resolved prior to submittal of a subsequent site plan modification application, if the conditional use is approved. REVIEW BY OTHERS The Community Redevelopment Association (CRA) considered the development proposal at their meeting of February 14, 2013 and unanimously recommended approval. On February 25, 2013, the Planning and Zoning Board made a recommendation to the City Commission to approve the conditional use request by a vote of 5 to 1. RECOMMENDATION Approve the conditional use request for the Southgate 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 conditions 1 -17 identified in the attached Planning & Zoning Board report. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA CONDITIONAL USE REQUEST FOR THE SOUTHGATE MOTEL 1. This conditional use request has come before the City Commission on March 19, 2013. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the conditional use request for the Southgate Motel. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsections I and II. I. COMPREHENSIVE PLAN a. Comprehensive Plan - Future Land Use and Map: Is the future use and intensity of the development consistent with the future land use map and comprehensive plan and is it appropriate in terms of soil, topographic, and other applicable physical considerations, complementary to adjacent land uses, and fulfills remaining land use needs? Yes No b. Concurrence: Concurrency as defined pursuant to Objective B -2 of the Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and /or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Are the concurrency requirements met as respect to water, sewer, drainage, streets and traffic, parks, open space, solid waste and schools? Yes No II. LDR REQUIREMENTS: Pursuant to LDR Section 4.4.9(D)(9), hotels and motels are listed as allowable conditional uses. a. LDR Section 2.4.5(E) Required Findings: (Conditional Use): Pursuant to Section 2.4.5(E)(5), in addition to provisions of Chapter 3, the conditional use will not: i. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; ii. Nor that it will hinder development or redevelopment of nearby properties. Will Section 2.4.5(E)(5) be met subject to the attached conditions? Yes No 3. The comments and notes set forth in the staff report are hereby incorporated herein. 4. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the conditional use request was submitted. 5. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 6. Based on the entire record before it, the City Commission approves denies the conditional use request subject to the conditions of approval attached hereto in Exhibit "A ". The City Commission hereby adopts this Order this 19th day of March 2013, by a vote of in favor and opposed. ATTEST: Chevelle Nubin City Clerk 2 Thomas F. Carney Jr., Mayor EXHIBIT "A" CONDITIONS OF APPROVAL FOR SOUTHGATE MOTEL 1. Prior to building permit issuance, a Class IV Site Plan Modification application shall be submitted and approved by the Site Plan Review and Appearance Board (SPRAB) with all conditions met and certified plans approved by the Planning & Zoning Director. 2. Per LDR Section 4.6.9(C)(7)(e), hotels and motels shall provide 10 spaces per 1,000 sq. ft. of floor area devoted to restaurants and lounges. No less than two (2) parking spaces shall be required to accommodate the 166 sq. ft. on -site Breakfast /Restaurant facilities. It appears the common area square footage has been omitted. 3. The site data chart shall reflect that required parking is estimated at twenty -one (21) spaces and shall separate the parking data chart to demonstrate required parking for the rooms at 0.7 spaces each from the common areas at 10 per 1,000 sq. ft. 4. Pursuant to LDR Section 4.6.9(C)(1)(g), up to a maximum of 30% of the required parking for any use may be designated as compact spaces. The required parking is 21 spaces, so a maximum of six (6) compact spaces are allowed. Seven (7) compact spaces are proposed which is not in compliance. Modify plans to convert one (1) compact space to standard. 5. Since the one -way drive aisle adjacent to the angled parking spaces is 15' it is presumed that the angled parking spaces measure 45 degrees. The proposed angle of the parking spaces shall be specified on the site plan and an angled parking space detail shall be provided. [See LDR Section 4.6.9(D)(4)(e)(Parking Lots Detail RT 4.1) Page 4.6 -46.] 6. Since twenty -one (21) spaces are required and twenty (20) spaces are provided, one (1) additional standard parking space is required. Consider relocating the elevator to south of Unit #12 in order to accommodate one (1) additional on -site parking space. Otherwise, at least one (1) unit may have to be eliminated in order to reduce the parking requirement back down to the twenty (20) on -site parking spaces currently proposed. 7. Pursuant to the Lift Station Easement (ORB 6060, PG 1442) you will need expressed written consent to construct within this area. Proposed construction of two (2) rear access driveways along Old Dixie Highway is applicable. Please provide proof of consent accordingly. 3 8. The abandoned 5' Limited Access Easement (ORB 5571, PG 761) shall be recorded with Palm Beach County. The survey and site plan shall be modified to reflect its removal. This shall be a condition of approval. 9. Provide written confirmation from FDOT that no additional right -of -way is required along North Federal Highway. Documentation shall be on FDOT letterhead and provide contact information for designated staff reviewing the development proposal. 10. Provide written confirmation from FDOT that no new sidewalk or expansion is required along North Federal Highway. Documentation shall be on FDOT letterhead and provide contact information for designated staff reviewing the development proposal. 11. Provide written confirmation from the Palm Beach County Traffic Division that the development proposal meets streets and traffic standards. 12. All plans shall reflect the twenty foot (20') right -of -way dedication along Old Dixie Highway and graphically depict the new rear (west) property line location AFTER right -of -way dedication. 13. Along Old Dixie Highway, the DSMG (Development Services Management Group) has recommended to the City Commission that a five foot (5) sidewalk deferral agreement be processed and approved prior to building permit issuance. 14. Along Old Dixie Highway, the DSMG (Development Services Management Group) has recommended to the City Commission that a twenty foot (20') right -of -way dedication be processed and approved via deed agreement prior to building permit issuance. 15. Pursuant to the definition of motel, no provisions for cooking can be provided. The ten (10) existing motel units have stoves and full -size refrigerators. 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. 16. No 220 volt circuit electrical outlets (with the exception of A/C units) will be provided within the individual motel rooms that could be utilized to accommodate full -size appliances. 17. In the two -story unit with an attached garage, full -size electrical appliances are prohibited. Should the two -story unit be utilized as an on -site manager's residence, then it must be entirely detached from the resulting twenty -six (26) unit motel. PLANNING AND ZONING BOARD CITY OF DELRAY BEACH -- -STAFF REPORT - -- MEETING DATE: February 25, 2013 ITEM: Southgate Motel — Conditional Use Request associated with the renovation and expansion seven (7) of the existing ten (10) room motel, construction of a two - story addition to accommodate seventeen (17) new motel rooms for a total of twenty -seven (27) rooms and construction of new on -site parking spaces with associated landscaping located at 1600 North Federal Highway. GENERAL DATA: Applicant/Owner........... Onu Hoque Agent ............................. Currie Sowards Aguila Architects Location ......................... 500' north of NE 141" Street, between N. Old Dixie Hwy. & N. Federal Hwy. (US1) Property Size ................. 0.67 acres Future Land Use Map.... GC (General Commercial) Current Zoning............ Adjacent Zoning.... North GC (General Commercial) GC (General Commercial) East: GC (General Commercial) South: GC (General Commercial) West: R-1 -A (Single Family Residential) Existing Land Use.......... 10 -room motel Proposed Land Use....... 27 -roam motel Water Service ................ Existing via an 8" line located within the Old Dixie Highway right -of -way Sewer Service.... ............ Existing via a lift station located in the rear of the property along Old Dixie Highway ITEM BEFORE; TH;E BOARD 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 Southgate Motel, pursuant to LDR Section 2.4.5(E). The subject property is located approximately 500 feet north of NE 14th Street, between North Federal Highway and Old Dixie Highway at 1600 North Federal Highway. The subject property contains 0.67 acres, lies west of US Highway 1, and is situated on Lots 36, 1, 2 & 3 of the north half of Tract 1 within the Harry Seemiller subdivision as recorded in Plat Book 9, Page 72 of the Palm Beach County Official Records Book. The expansion of the existing 3,937 sq. ft. Southgate Motel proposes 9,614 sq. ft. of additional use area for a total of 13,551 sq. ft. Seven (7) of the existing motel units will be expanded and an additional (17) rooms will be added for a total of twenty -seven (27) rooms. The motel will operate for twenty -four (24) hours and will have an on -site manager's office and manager residence. All rooms will offer daily rental rates for the general public ranging from $49.99 to $99.99 per night. There will be a total of two (2) employees for the proposed twenty -seven (27) rooms. On -site amenities offered for motel guests include laundry facilities and continental breakfast facilities. Now before the Board for consideration, is the renovation and expansion of seven (7) of the existing ten (10) motel rooms and construction of a two -story addition to accommodate seventeen (17) new motel rooms for a total of twenty -seven (27) rooms and associated new on -site parking spaces and associated landscaping. Pel4:;;TE,iFT1QN The development proposal consists of the following: • expansion of seven (7) southernmost existing units; • renovation of the remaining three (3) rooms to the north; • construction of a new building addition with seventeen (16) additional motel rooms; • construction of a two -story on -site manager's residence with an attached garage; • construction of one (1) garage for the two -story unit; • construction of six (6) parallel parking spaces; • construction of five (5) 45- degree angles parking spaces; • construction of six (6) compact parking spaces; • construction of three (3) standard parking spaces; • provision of one (1) elevator for two -story addition; • provision of one (1) handicap space in the front; • provision of one (1) on -site manager's office; • provision of an entryllobby area for check -in; • provision of an on -site laundry room; • provision of an on -site breakfast/dining area; • provision of brick paver walkways and sidewalks; • associated on -site landscaping upgrades. Planning and Zoning Board Staff Report of February 25, 2013 Conditional Use Request for Southgate Motel Page 2 S E ::.A ?�,.► L I S 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 is pending receipt of written confirmation from the Palm Beach County Traffic Division that the development proposal meets traffic performance 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 west of the existing Southgate Motel is to be utilized for the expansion. No unusual physical conditions exist that would prevent development of the property. 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 land uses. Positive findings with Future Land Use Element Objective A -1 can be made, if the site is developed and operated as a motel. There are concerns that the operation functions as long -term stay rentals rather than a motel. It is noted that long -term stay rentals similar to residential -type inns 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. Conditions have been recommended that would limit this possibility including restrictions on full size appliances and the electrical service needed to accommodate them. Planning and Zoning Board Staff Report of February 25, 2013 Conditional Use Request for Southgate Motel Page 3 COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: 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 ten (10) existing motel units have stoves and full -size refrigerators. 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 are not to be included in the new units and must be noted on the subsequently approved site plan. The site proposes a two -story manager's residence with a garage. It is noted that an owner's unit can only be provided as an on -site standalone single family dwelling unit or on the upper level of the structure with commercial use on the ground level of a mixed -use development. The proposed configuration does not meet either requirement. Further, if the two -story unit with the attached garage is considered one of the twenty -seven (27) motel units, it would not be allowed to have full -size appliances or electrical service to accommodate them. This issue will need to be resolved if the conditional use is approved. 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. SECT_ I.ON 2.4.5(E)(5) 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 table indicates the zoning and land use of the adjacent properties: Immediately to the north is the Goodwill Industries thrift store. To the south, is the Badcock Furniture Store. To the east of the subject property is US1 right -of -way and a retail store across the street. To the west is FEC railroad right -of -way and single family homes across the tracks. The existing Southgate Motel site has one of the police department's highest rates of calls of service for primarily narcotics related crimes. In the past, there has been some concern that the site may be utilized for rehabilitation facilities or a halfway house which continues to be a concern for neighborhood residents. With the expansion of the site to the vacant property to the west, it will be situated Atl acenf,Zonrn .; ' ;` ..:: Ad a�ent.Land. Use hlorfh + General Commercial (GC) Goodwill Industries Soufh General Commercial (GC) Badcock Furniture Store Fasf General Commercial (GC) Retail Store liVest R-1 -A (Single Family Residential) Single Family Homes & FEC RR r.o.w. Immediately to the north is the Goodwill Industries thrift store. To the south, is the Badcock Furniture Store. To the east of the subject property is US1 right -of -way and a retail store across the street. To the west is FEC railroad right -of -way and single family homes across the tracks. The existing Southgate Motel site has one of the police department's highest rates of calls of service for primarily narcotics related crimes. In the past, there has been some concern that the site may be utilized for rehabilitation facilities or a halfway house which continues to be a concern for neighborhood residents. With the expansion of the site to the vacant property to the west, it will be situated Planning and Zoning Board Staff Report of February 25, 2013 Conditional Use Request for Southgate Motel Page 4 immediately adjacent to residential developments. This could negatively affect adjacent property values. However, the site is buffered from residential properties to the west by the FEC railroad right -of- way and Old Dixie Highway. Commercial properties to the east are buffered by the North Federal Highway (US1) right -of -way. The Goodwill Industries immediately abuts the property to the north. Rear access via two (2) new accessways will connect the new Southgate Motel to Old Dixie Highway. One accessway will provide access for a two -story motel unit's garage to be utilized as a manager's unit and the other will be an egress only provided for the one -way traffic flow through the site. It is noted that plans reflect a 5' limited access easement along Dixie Highway which will have to be abandoned before any access can be constructed. This is attached as a condition of approval. Similarly, the Southgate Motel will also need permission to place a trash enclosure within the existing 20' lift station easement along Old Dixie Highway. This is also attached as a condition of approval. Pending permission to construct in easement areas, the proposed improvements could be implemented. 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. granted access to construct in easements and removal of full -size appliances from all units) are addressed. 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. The proposed photometric plan appears to meet the minimum requirements and foot candle allowances. LDR Section 4.6.9_ - Parking Requirement Per LDR Section 4.6.9(C)(7)(e), hotels and motels shall provide 0.7 spaces per motel room and ten (10) spaces per 1,000 sq. ft. of floor area devoted to restaurants and lounges. The applicant has only calculated 0.7 spaces for each of the twenty -seven (27) motel rooms for a parking requirement of nineteen (19) spaces. However, at a minimum, the 166 sq. ft. allocated for on -site Breakfast /Restaurant facilities is subject to two (2) additional parking spaces. Since twenty (20) parking spaces have been accommodated on -site, one (1) additional parking space is needed to meet the twenty -one (21) space parking requirement. Staff has recommended that the applicant consider relocating the elevator to south of Unit #12 in order to accommodate one (1) additional on -site parking space. Similarly, the plans shall summarize the total parking required by separating the parking data chart to demonstrate required parking for the rooms at 0.7 spaces each from the common areas at 10 per 1,000 sq. ft. Currently, it appears the common area square footage has been omitted. In doing so, the plans will accurately reflect the breakdown of the twenty -one (21) space parking requirement. These items are recommended as conditions of approval. Compact Parking Pursuant to LDR Section 4.6.9(C)(1)(g), up to a maximum of 30% of the required parking for any use may be designated as compact spaces. The required parking is 21 spaces, so a maximum of six (6) compact spaces are allowed. Seven (7) compact spaces are proposed which is not in compliance_ Therefore, one (1) proposed compact space shall be converted to a standard parking space. This is attached as a condition of approval. Angled Parking Per LDR Section 4.6.9(D)(4)(e)(Parking Lots Detail RT 4.1), the minimum one -way drive aisle width for angled parking spaces measuring forty -five (45) degrees is fifteen feet (15'). It is presumed that the angled parking spaces measure forty -five (45) degrees, since the proposed adjacent drive aisle measures fifteen feet (16). However, for clarity, the proposed angle of the parking spaces shall be Planning and Zoning Board Staff Report of February 25, 2013 Conditional Use Request for Southgate Motel Page 5 specified on the site plan and an angled parking space detail shall be provided. This is attached as a condition 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: Item Gonsrd� red Sidrrwalk�dewalk SNdevvalk Right Of _ Right,Of... ilVrdth Width Wldth...... . Way .. Way Way _. Ersting ;: Rer{utte�d Proposed_ ....= Exisfin .. Requ:rred,. Proposed, Old Dixie Highway None 5' 5' (deferral) 30' 80' 50' 20' ded.) North Federal Highway 4' 5' (new) FDOT req. 100' 120' FDOT req. Old Dixie Highway: On January 24, 2013, the DSMG (Development Services Management Group) recommended to the City Commission that twenty feet (20') of right -of -way be dedicated along the east side of the road which is equivalent to the existing 20' lift station easement. Thus, the setbacks have been measured from the resulting new property line. However, the plans do not reflect that the property boundary has been relocated twenty feet (20') to the east and this is attached as a condition of approval. North Federal Highway: The required right -of -way for North Federal Highway is one hundred twenty feet (120'). The existing right -of-way is fifty feet (50') feet from the centerline of the right -of -way on either side of the road. Thus, one hundred feet (100') of right -of -way exists, requiring an additional ten feet (10') on either side of the road for a total of sixty. feet (60') of right -of -way from the centerline. The DSMG has recommended that the applicant contact FDOT to access the need for right -of -way dedication. Official written correspondence from FDOT is required and this is attached as a condition of approval. LDR Section 6.1.3(6) - Sidewalk Requirements: Pursuant to LDR Section 6.1.3(B), a sidewalk is required for all City roadways. O-I_d_ Dixie Highway: On January 24, 2013, the DSMG (Development Services Management Group) supported a five foot (5') sidewalk deferral. A sidewalk deferral agreement has been submitted and requires approval by the City Commission. This is attached as a condition of approval. North Federal Highway: A four foot (4') sidewalk exists, whereas a five foot (6) sidewalk is required. On January 24, 2013, the DSMG has recommended that the applicant contact FDOT to access the need for right -of -way dedication or construction of the five foot (5) sidewalk. Official written correspondence from FDOT is required and this is attached as a condition of approval. C RA: The Community Redevelopment Associated considered the development proposal at their meeting of February 14, 2013 and rendered a recommendation of approval. 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 February 25, 2013 Conditional Use Request for Southgate Motel Page 6 ❑ Delray Citizen's Coalition ❑ Neighborhood Advisory Council ❑ Tropic Palms ❑ Kokomo Key ❑ La Hacienda • Martell Arms • 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. .: ::: °:': °:,:.: °.:::..: .:m:.:::. °.el',.:.:::;:::::.: <= 3:<v:` «::- >:; "- ':: °e° .. ; °- e:° •, °'. ..::'_.. i:< "'.. :e:. : ...:.: . :°: ;:vie: e'Y: .. :6. d. i9:. " ".:: "' :.: '. d::. �. !.'e °::! «<. ".:�° . ,': "' . °: . :e::'..'.1:. °.'::fe ....... . .... :..._ . "._.....e.......,, ... ..........................:�... �..�...�..�,.� .S .IVh�..�..`t'......�.J11.. D, ....0 "..O...N_.C..L.I�. �..X..Q..N....., .. ...,................,........... ................ "...........,._ The proposed conditional use request is to allow renovation and expansion of seven (7) of the existing ten (10) motel rooms, a new two -story building addition to accommodate seventeen (17) new units for a total of twenty -seven (27) rooms, a manager's office and associated new landscaping and parking improvements. The proposed design layout is consistent with the Land Development Regulations with respect to open space, setbacks and minimum room size (325 sq. ft.). The development proposal contains internal improvements (i.e, stoves and refrigerators), which suggest that this will not operate as a motel but more as longer term housing option. Certain conditions (e.g. removal of full -size appliances, no 220 electrical service outlets, etc.) have been added to minimize this possibility. Physical limitations which may hinder development of this site or nearby properties include the existence of a 5' limited access agreement, 20' lift station easement, and configuration of the manager's live -in unit which will require permission to build within these areas, and modification of the request. These issues must be clarified before any site plan submittal is made. With the addressing of proposed conditions (Appendix A), the current proposal will meet required findings with respect to LDR Section 3.1.1. (LDR 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 related to long -term residential concerns 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. Further, since twenty -one (21) spaces are required and twenty (20) spaces are provided, one (1) additional standard parking space is also required. In absence of the additional space, at least one (1) unit may have to be eliminated to be LDR compliant. A. Continue with direction. B. Recommend approval of the request for a conditional use for the Southgate 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 Southgate 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. Planning and Zoning Board Staff Report of February 25, 2013 Conditional Use Request for Southgate Motel Page 7 Recommend approval of the request for positive findings with respect to Section Development Regulations, and the policies identified in the attached "Appendix A °. Attachments: • Proposed Project Plans • Appendix A -- Recommended Conditions Of Approval • Appendix B — Concurrency Findings a conditional use for the Southgate Motel, based upon 3.1.1 and Section 2.4.5(E)(5)(Compatibility) of the Land of the Comprehensive Plan, subject to the conditions Planning and Zoning Board Staff Report of February 25, 2013 Conditional Use Request for Southgate Motel Page 8 APPENDIX "AO' STAFF RECOMMENDED GONDITIONS�OF APPROVAL Prior to building permit issuance, a Class IV Site Plan Modification application shall be submitted and approved by the Site Plan Review and Appearance Board (SPRAB) with all conditions met and certified plans approved by the Planning & Zoning Director. 2. Per LDR Section 4.6.9(C)(7)(e), hotels and motels shall provide 10 spaces per 1,000 sq, ft. of floor area devoted to restaurants and lounges. No less than two (2) parking spaces shall be required to accommodate the 166 sq. ft. on -site Breakfast/Restaurant facilities. It appears the common area square footage has been omitted. 3. The site data chart shall reflect that required parking is estimated at twenty -one (21) spaces and shall separate the parking data chart to demonstrate required parking for the rooms at 0.7 spaces each from the common areas at 10 per 1,000 sq. ft. 4. Pursuant to LDR Section 4.6.9(C)(1)(g), up to a maximum of 30% of the required parking for any use may be designated as compact spaces. The required parking is 21 spaces, so a maximum of six (6) compact spaces are allowed. Seven (7) compact spaces are proposed which is not in compliance. Modify plans to convert one (1) compact space to standard. 5. Since the one -way drive aisle adjacent to the angled parking spaces is 15' it is presumed that the angled parking spaces measure 45 degrees. The proposed angle of the parking spaces shall be specified on the site plan and an angled parking space detail shall be provided. [See LDR Section 4.6.9(D)(4)(e)(Parking Lots Detail RT 4.1) Page 4.6 -46.] 6. Since twenty -one (21) spaces are required and twenty (20) spaces are provided, one (1) additional standard parking space is required. Consider relocating the elevator to south of Unit #12 in order to accommodate one (1) additional on -site parking space. Otherwise, at least one (1) unit may have to be eliminated in order to reduce the parking requirement back down to the twenty (20) on -site parking spaces currently proposed. 7. Pursuant to the Lift Station Easement (ORB 6060, PG 1442) you will need expressed written consent to construct within this area. Proposed construction of two (2) rear access driveways along Old Dixie Highway is applicable. Please provide proof of consent accordingly. 8. The abandoned 5' Limited Access Easement (ORB 5571, PG 761) shall be recorded with Palm Beach County. The survey and site plan shall be modified to reflect its removal. This shall be a condition of approval. 9. Provide written confirmation from FDOT that no additional right -of -way is required along North Federal Highway. Documentation shall be on FDOT letterhead and provide contact information for designated staff reviewing the development proposal. 10. Provide written confirmation from FDOT that no new sidewalk or expansion is required along North Federal Highway. Documentation shall be on FDOT letterhead and provide contact information for designated staff reviewing the development proposal. 11. Provide written confirmation from the Palm Beach County Traffic Division that the development proposal meets streets and traffic standards. 12. All plans shall reflect the twenty foot (20') right -of -way dedication along Old Dixie Highway and graphically depict the new rear (west) property line location AFTER right -of -way dedication. Planning and Zoning Board Staff Report of February 25, 2013 Conditional Use Request for Southgate Motel Page 9 13. Along Old Dixie Highway, the DSMG (Development Services Management Group) has recommended to the City Commission that a five foot (6) sidewalk deferral agreement be processed and approved prior to building permit issuance. 14. Along Old Dixie Highway, the DSMG (Development Services Management Group) has recommended to the City Commission that a twenty foot (20') right -of -way dedication be processed and approved via deed agreement prior to building permit issuance. 15. Pursuant to the definition of motel, no provisions for cooking can be provided. The ten (10) existing motel units have stoves and full-size refrigerators. 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. 16. No 220 volt circuit electrical outlets (with the exception of A/C units) will be provided within the individual motel rooms that could be utilized to accommodate full -size appliances. 17. In the two -story unit with an attached garage, full -size electrical appliances are prohibited. Should the two -story unit be utilized as an on -site manager's residence, then it must be entirely detached from the resulting twenty -six (26) unit motel. Planning and Zoning Board Staff Report of February 25, 2013 Conditional Use Request for Southgate Motel Page 10 APPENDIX "B" Gi?NCIJIRENGY 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 andlor 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 8" line located within the Old Dixie Highway right -of -way. ❑ Sewer services are available via an existing lift station located in the rear of the property along Old Dixie Highway. 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 Southgate Motel development will generate 217 daily trips with 16 am peak hour trips and 17 pm peak hour trips. This is an additional 129 daily trips, 10 am peak hour trips and 10 pm peak hour trips when compared to the trip generation for the existing site. The Palm Beach County Traffic Division has not yet provided a traffic concurrency determination letter for the proposed development which is required to indicate that the proposed motel meets the Traffic Performance Standards of Palm Beach County. This is attached as a condition of approval. Solid Waste: The existing 3,937 sq. ft., 10 —room motel generates 9.25 tons of solid waste per year. The proposed 13,551 sq. ft., 27 -room motel will generate 31.84 tons of solid waste per year. This results in an increase of 22.59 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 $8,500 for seventeen (17) new rooms. Schools: School concurrency findings do not apply for non - residential uses. Thus, the proposed development will not have any impacts with respect to this standard. Drainage: There are no problems anticipated 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. -- DIGITAL $4SE MRP SYSTEM -- MAP REF: 5: \Plonning & Zoning \D6MS \Fila -- Cob \Z -LM 1001- 4500 \LM 1379_ Southgate Mote€ Expansion N PLANNING AND ZONING SUBJECT PROPERTY SOUTHGATE MOTEL EXPANSION DEPARTMENT LOCATION MAP -- DIGITAL $4SE MRP SYSTEM -- MAP REF: 5: \Plonning & Zoning \D6MS \Fila -- Cob \Z -LM 1001- 4500 \LM 1379_ Southgate Mote€ Expansion 8 F --------------------- sa me 9 g ti s i"�n o o z �o WRY, e r°a4 n J 5� 8 t avr a+us. \ •� O� -b ___.__- - W oy�s Y i C{r���s \ - - - -- -------- ----- -- - - - - -- 0 LO f— - 3 a4 2. A-, two l� Lll Q U UJ q�ti �Y'a K WSe 92' fix z s "oM�. z�5 � n - -1-� ZTOZ-TT -ZT ),2JVNIKIIA ld Bag Z N X W Z g cq = oVO. /zi - - ------- . . . . . . . . . . LLJ < _ \ ! G : q) : T-i }$§(» ~ ) ZO —_ u \ - � - < )\@§ j \ «be9 , !m\ \ \\ ; \\ ;]ate \}\ \j C3 !! } ()[ \ \\ / . 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Smith, Interim City Manager DATE: March 11, 2013 SUBJECT: AGENDA ITEM 10.B. - REGULAR COMMISSION MEETING OF MARCH 19, 2013 APPEAL OF SPRAB'S DECISION REGARDING ENTERPRISE RENT -A -CAR ITEM BEFORE COMMISSION Review an appeal of the decision by the Site Plan Review and Appearance Board to deny a flat wall sign with corporate colors for Enterprise Rent -A -Car, located 14832 S. Military Trail, pursuant to LDR Section 2.4.7(E). BACKGROUND On September 12, 2012, the Site Plan Review and Appearance Board voted 6 to 0 to table a request to allow an amendment to the Master Sign Program for the "Bed Bath and Beyond Plaza ", to allow a flat wall sign with corporate colors of green and white for the Enterprise Rent -A -Car sign. The current Master Sign Program requires that all non - anchor tenants to have Red PMS #185 channel letters. After a long discussion, the Board recommended that the applicant return to SPRAB, when there was a full Board, to vote on the amendment as they could not come to a consensus. The applicant returned to the Board on November 28, 2012 with a different amendment request to the Master Sign Program to allow corporate colors for any business located within the plaza. After a short discussion, the Board unanimously agreed to table the item and directed the applicant to look at the antiquated Master Sign Program in its entirety and not "piecemeal" the plan to just meet his needs. The applicant returned to the Board on February 13, 2013, with his original proposal from September 12th to allow corporate colors of green and white for Enterprise Rent -A -Car's sign. The Board voted 7 to 0 to disapprove the amendment request based on a failure to make positive findings pursuant to LDR Section 4.6.7 F(2)(b) Master Sign Program. The applicant for Enterprise Rent -A -Car is appealing this decision and seeking approval to allow the use of its corporate colors of green and white on the building. A copy of the minutes, building elevation identifying the sign and location, and the applicant's waiver request are attached for reference. RECOMMENDATION Staff recommends Commission uphold SPRAB's decision to support the Master Sign Program pursuant to LDR 4.6.7(F)(b) established for the Bed Bath and Beyond Plaza and deny the request to allow corporate colors for Enterprise Rent A- Car located at 14832 S. Military Trail. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This appeal of the Site Plan Review and Appearance Board's denial of a request to amend the Master Sign Program at Bed Bath & Beyond Plaza located at 14832 S. Military Trail came before the City Commission on March 19, 2013. 2. The Appellee and City staff presented documentary evidence and testimony to the City Commission pertaining to the appeal of the Site Plan Review and Appearance Board's denial of the request to amend the Master Sign Program associated with Bed Bath & Beyond Plaza. All of the evidence is part of the record in this case. Required findings are made in accordance with Subsection 1. I. LDR REQUIREMENTS A. Pursuant to LDR Section 4.6.7(F)(2)(b), "Master Sign Program ", 1. Master Sign Program: A Master Sign Program shall be approved by the Site Plan Review and Appearance Board or if the project is in a historic district or historically designated site, by the Historic Preservation Board. After approval of a Master Sign Program, individual signs consistent therewith shall be administratively approved. The applicant appeared before SPRAB, requesting an amendment to the approved Master Sign Program for the Plaza (attached hereto as Exhibit "A "), on February 13, 2013 not acting as an agent for the plaza and proposed a sign with a height of 2'1 '/ ", length of 10' 3 ", and total square footage of 21'6 ". While the size of the sign is allowed by code, the applicant's proposed corporate colors green, black and white do not meet the approved Master Sign color of red. The "E" in the proposed sign for the word "Enterprise" is green with the balance of the letters being white with black returns. SPRAB voted to deny this sign by a vote of 7 -0. It is now before you on appeal. Is the Applicant's proposal consistent with the approved Master Sign Program for the Bed Bath & Beyond Plaza? Yes No 3. The City Commission has applied the LDR requirements in existence at the time the original site plan was submitted. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves denies the appeal and hereby adopts this Order this 19th day of March, 2013, by a vote of in favor and opposed. ATTEST: Chevelle Nubin City Clerk 2 Thomas F. Carney, Mayor EXHIBIT 66-V J. Y ) T x & i" )INT) ,Er LAZA A. THE PLAZA 1AVITHOUT L—DANG.1171,; 1. Sigtia-- ,t 6r the twtY cut parr I 'buildings will not bt� ahered at ihi:, time, Ally Enure signagc must be approv ed by the land rd and the City of .Delrh,; ,& a& ,tr Plan Re• iexv and App arar!ce Board. I h; addition ti, those me�ll,cmud, lore following fiat w;tll sl�mQge i� currently owned and operated by cxisti :g Tenwits; and tberefox: will not be tcquimd to change sigr.ag:: °tics'• "Jack s -NN,C, pizza Restaurant" "`Opticd`', "Office rroduas ", `'l lairspray Salcri and Color K;tudio", "SAS ", `•Casparu Shoes ", "Stitehe . .NoeJlepoint ", Tyledicad C:hh -o Rehab—, "IN Nails ", "SIX Nursing ", ` %'V S /pbanraxy °, " 1.tiantic Fish Grill ", 'Ta P. &JI lon ", "Greet- Taverna ". Prior to any lzsse renewal with the above mentioned ux.ants, the Landlord v., --ld negrMatu with. Tenatit a, •rcpi.ace am siguage that dues not conform tc ih s.n w triter ion.. A rent rull W lea6.t :txpu•ation sheet is attarkd for reference.. All Eut=e 'R.- rcant signa -ge shad be designed, constmeted,. -mid located in acc rdance with the fullowring .desigm criteria acid shall be s+.ibiect to the written approval of the Landlord and appwved,by the Ci y of Delray Beach. This c,rl :e�i cn lids been established co govern the dcsign, fabrication bad itistrliation of the Tenant sign e w:!d is intended to provide all Tenants ,Vit(h good visual ideniiiieativii T. 'fhe.,- •andlurd iesetrey the right to entarce. or .relate any proviiaics f these sign enteria at its :iis: retinTi. C. FILAT ACI14CM (.,meho, Te bet: i. I. ::anchor Tenant is def m;A as aray teraw conteinju?, 10,04 squure Feet .of floor area nr g cater. Currvatly oniv Bed 4aib and %. Yord and CVO; Pharmacy :;.re dcfired Ps anchor ieaants. 2. In ordei to rtovide tht; Author Tenant -with a disti.nc:t sense of individuality, t17e Anchor Teri ant ;'kxay uti: a protutt,pieal ; ign that hicludes; a i -t red lc:g s, . mgistPred tr :W.,-anarl s, eorporat.; fur;ts, corpgiate logos, or 4atp010re cwtors. Pro; klkl l that. such prototypical si gnage i110orpk mv!s channel letters and such sitmage must be designet., instatlyd aud. maintawed to a first•%;las3 appearance. Si>7o° filer Iagad'. -. i'da M'at.ion ar <n icrrdC.e 'A'U.- devised from Ded .Batt: and Bayond's prototypijoul building ele-vations. Bed Bath .and.&:yond will bo us-inn, thcir pi,Vtotypica-1 / corpvate 601. if thr; funare Anchor "Fimant, has no such protoqpical signuSe then lt►s follcV,-ing will govern the dosig"'i of such 8ignage. All IeL'U�rg shalt be individual, inU-mallv illurr mt uied uhxinel lettera wilt whi t laM.P.N. 4. Cotasx.,t of maxirmwn of '0t;,) 1-2) line's A ucipyb,.ing red in cAor tPNB -,Y 1&5*,,.. with a rraxiMurn 0 glit of 361'. 15- A of hunts shall be allcw-td pei4aig. Lmidlcrd ap.:,voival. 6. l(Atic Sip vujisists of only oac (0. line of coM., the mmim.urn later height sha:11 be 4 rq` 3. 7. Thy: ima capin,7.st aiotch the letter faces (RL-d PIAS 4135 j S. The rraximim &:pth of lvo -r rv-,twls shall ljt.,. 9" and jrAo of a bronze mate vial, 9, The raceway color &hall match dw, exiA?ig. buliding face color on -M-iiah It is insi.alled. 11,e maximum sign area shall not excz W-. 160 squire feet or 10% of the total 7,quary fuot-,4ge of the building foc-,,whiubever is It--Zs. 11. The 'sk.n uri.t �hiA 14 c-zintered b4ivvcen dii de-iniiing walls and the maximum span shall not exceed i-C,% of the total storevjidtft, 12.. 11 eledt ijal corriponon% tavi.,-L be. I j L ll.;te.d a.hd comply with all 'NEC and. Florida Building. Codes- D. FLAXL WA'Ayj SIGNAGE %Nn-a-Ancho-CCenpnI.-i): I All letxi-i shall be individual, intenially illuminated channel letters via, -white Wnps. b. Cons of -a maxinium of-c- �nc 0" Hne of oop) being red in colu-., (P MS 4 185- w).Llh a mn-,dinum le-ar r height of 18 3. If two (2) lines of.y,:)py is p.-posed, U-c total sign heit-lit shall not cxcced 321-6. 4. A vatic y of [ants shall: bi: alllawk.d pwW i.n.9 Landiloid 2-pp-oval. 51 The na:di-nu.i.n depth of letter returns 51:1ad be 6- and made of a hronzo mat or4l. 6. - n c trim cap must m atc, n, t h 6 letter faoe s (Red Ffv1 S t'185 j. 7. A. raceway must bu usud and tl;e cotor shall match the exi9tiag bailding Face on iAhidh it-is imiallad. 3. The mvxiaium sign area shall riot exceed 10% or tk,� total square ti at e of dic building face or 30 sytiare feet. vh.11 l ,ver is 9 .l'l:e igi -can ,lot he lc.,:.ited with in on% foot of the vertical architectural t:ereals. 10. The s;gn unit shell be ccntvrM bohvem the d6miYing walls- and the m cxi1=iurii _. ... span shall nut excom- d -800/6 of file toial sti -rr %-Wth. 7 ,, ; i 1,. lZe};1 &tt ?: d tr�iltiriC3il= i OI' 1�l os may 1;� pe, mil ed f Or rim -w -hoi tenants provide, J10t .1,6 t;ropfisedl sign J,.,es not disiuin the uni:furmii;+ of Jio buildiag ar hiwCture. '1'tte logo dial] riotemcsed 30'; in height and 48" long. 12. All clegtrical mm-unants mus, be U; if ted and c.-i;iply with all XEC and Florida 13uildiiig Code,;. 1L. 1"R A s1A.+,DsNIG SIG ?* AGE: As slated in -- Section A ahovu,. There Are rwa (21 plaza itli%n66 ation signs at the Pla.m Er.tr.mces on . Liuth l,lilita;- • Trail and Atlantic Aveme. 2. The cu rent shopping certer s logo located oti the trip mga face of the pl ;=, identific.aticv,-, signs will be ren;cived and replaced with "BW Bath anc Bi yond. Pl;a. ;," as shown on the attach--,J documents. This v,ill rename the shopping Celleliter from Delray VV, t Plaza to Bod Bath and Boywid Plaza. _i. Am futurt chat;gcs must be, a.ppvwcd by die Cif of Deb!iy Beach. 4. D) al<<rtr a sane oi.inditi.iciir.al ty .Tor out-parcel tcnants, they may use: the cummt allotte4 size letters and signage area cum—ntly provided. Any future changes must be %pproved b the f,ity 01 Delray flea-.-h I. Toitants local ;d on end -caps are allowed a maklmum .oFtwo (2 ) =..xteriur signs. 2. Jive see oiidars, sign desi_on must he in aecardiance t3 ifli thy; regrtirernents. as outlil -Led if', Section 'D abo -ve. I n adettion the .ecandary si7 must gib? .inmtalled at t h,L same ele-V i!.-m as I.ne lii:t.il:.i'i.y si€"'i, 3. If the bulixiing is vaarsntly deg dgralld. with at AWMD13 on the. end cap then Tenant angy eleci to use the Awaing as a..,,,=ond piece al' si ;n ge %f thi( propo"ej signagv iz accepted by tho City of Dtc ray 13:%xh. 4 -1 1. NIVPNDOW AND it SIGN kGE: 1, iUI windwiv aad door letlwclng, shall Ine whit,- vinyl appliand to the inside of the 2 Each teriant, will be.. permitted I plftcr. upon rtauh entrance of' its & m kc--d prem.sus, (1) 8'x U"siizu indicaLing.thehot,irs ofULsinoss, e4 erg I - A n eney iiumbor:;.. .Adre,�s. etc. 3. Est:h tei mnt hav i ' ig a P-.;iLcuatomcr do.- for rvxc Iving merchandise, may have one (1) G`x 12" sign and addm s, 4. Ea:.h tcngat shall bt; allowul to hhv,�, their c,--,)mpany name Lanter-A on each c ustan, er door. This i--itcring. shall not exceed I _' if Jw door wrea. 1. All Installation component s <uch as, brit not UrnkLod to-, fina',,tiers. cl:.ps, bc,16, t--tc , 9h&II beoDiw-j-i:2w-rosivt:. staililk�sssteel, alut-oiiiucii..bra-,,,s-,bro.rr4,e or` cat6t)ji with paintcQ` finish. Na black in-jr, material of any type shall be 2. All Periett--itions of tho fascia shA be neatly scaled in a WaWl tiL,111L.CAW.M.ef using a single coj-nponentpolyurethane ?4alantz s approved by Landlord. Furmatis rl-,spor cablefor.114sc 'ka petit tratioris and damage that may result, including but not Inniwd to water d4mag%.. 3. Location ;,f all pcnctrall-ais of th� building fas.;jEt for conduit, sleeves etc shall be shnvyn on thc:. appravtd delalk;d drawing subxninted by Tenw-t. 4. No exposed labels are perni'Med up. the signagi, that is visible from the groun'l, exocpE as rz quir;:J by local ordinance, -XII fhstearr.,. for the. sign installation shall be NM-othod Qf installaLon -Lo die building fascia shall be aq -,pt-)ved'by the landlord in writing. i.o - di - F ' 6. la9taital" h shall LonilPly kith all 16caj oodes and or inai,,,�es. -kc-tacal -Wjfk shall Si,,,)iiage shall hare uiiindividual circuit uid z:onttollad by a Wre clock. Pr imarY electric iz the ognage is the TUIMM"S 1. AA signagE conirfaraorl.- insta.11irig, signs at the PIZd Bath. and B,-y.:)nd Plaza shall be requiTed to itavz a currait inSUMOCC P-011icy in force with limics of no lim.xthan orvc million dollar:, ($1,000.000.00) for Commercial O.neral Liability and Workers ( orrliensatioi. grad Emplu er's Liability in comphan(m with applicable 1Pgal requireme its of the titan: of Florida. j. PROCEDURA-L .Fft.QiJlRl 'VIENTS: Pour tu - signage fibricaiion, Teuant ;- uhnut, or Batas-. to be submitted to 1.andlu d f :.r appraval, Throe P) sets of detailed drawingFj indicating file location, 1GS,) Uiit, fu'lillGdti011 a-nd irigtOation tne:hod, dlles gnu corfy $i-vle and color of . 'cite prk!p:nsr 1 si.l?nagv. including window /d:w;c I- tittering andlor .gralii•Lics. Dva%in s snall show the fall fw-c:ia witli:mhitoautal features of dic specific._ d: irised premise. 2. Tenant's 'Sigrrage Contractor shall be a reputable signac:e fabricrtur, v :her .princ:ipril busiIICSS is tha i4bri4ation oaf similar intexnally illuminated whaiinel signs, who. has boon in business for a rainunurn of three (3) years. Addj:tionally. Teuaqt 513A11 subinit, or cauh:6 to ta:-1 subnulwd to Landlord n C:ti-tificate of'llnsprancv of typ: eoN•trvg,e and liviils as alpro+rod by Landlord in writing. Certificate of insurance shall nawn:. Landlord and its agents as aildWonal Lit,utcd. No work on pi-trnise xnwv cornmenae withouT a Certificate of lnsuranoi: dw livered tt; ilic Landlord. 3. T:ahant shall lae reswnsilk, for all required purrs l-� for their signagu and the installation thereof, inLAuding but not limited to, tlujse by the, City of Dekay Beac:b, County o? ?::l.n Byauh, or State. of Florida. lac addition to those regaic,mn ents listed h.ei-oin, T,�?•i�art trio. adh:rl, to any mi[niaipdf ride iLquirenients thiit ;nay .frrrrhtT restrict si mage si-e. design or fabrication. Teriart must submit avidenrs in writing to the I.andlord that all approvals and permits. have been.soLured prior to erecting signage, 4: Pabri-aciun, ia°ista.11a�tion *.nd prrrrait c:ost-=- shall bo ai the Tenant's sale ?xpensi . 5. Tt.:tant shall bL responsible fbr the rrraikiktuance arid repair of its sir;Aage. If., al'xa! fitle,.an (15) da} s notification to repair signaga, no act ian has been iakeii by th,- Tenant, the L.arsdlord -:°ill cor,.tvact to repair ur maintain sigrage and tl!e :cost of repair or 11zaint<-aiance will be in•r-)icud plus ten percent (lp °ruj to the Teiian: as additional rent. 11. >J' i.' PEIRMUT'rED: I, ,Vy sigps that contain a caliinkt or box, hashing, audible, muving, biinLdiig or animated cb.;amcters. 2. Under Canopy signa a is trot permuted. M 0 I I 00 0 I I Qo ^N Y i i' Iii III i i i m U U NII IIo � NI, NI o o �� o w �I w III I N �I o,Il o z uj a C O CL co - T J Q d O U z ° m O� IHHHM 0 0 M M O° 0 00 0 0 0 11 N w w J d C R U o c s .. fA - � n C d x R w W V/ ) ol 0 00 o 0 C O N C O C� O 3 Lx N W C �'^II Al L— Of C VI W O R d M W y 3 m w U Z N w O v; o� 00 m O �> vo O`er a p N N N (6 L U m C .0 N O n f/1 0 rT � O y Q� O Z �NLL C m ` W �O K El 3 �aaa E�3o _ o3a zama....oH z all 0 m 0 t Q T A \L Wu Lm a LM w 0 w N_ O N Pd O O �> v0 O m N a p U L Q n J. C - N % N �aaa E�3o L z ID 2 QNLL C m ` W �O K V K El L Q' O . 3 es o. � � r •R d d V Q Q _ ❑ ❑ ¢ O 0 N �aaa E�3o L Q z �o O M R d � es R d U W fA Below is the draft transcription of a portion of the Minutes for the Site Plan Review and Appearance Board meeting of February 13, 2013 on: II. SIGNS A. Enterprise Rent -A -Car (postponed from the 91-121-12 and 111281-12 meetings) 14832 S. Military Trail Denise Williams: Phone: (9541 644 -2011, Email: denisewilliams123natt.net Amendment to the Master Sign Program for the Bed Bath & Beyond Plaza. Mr. Korthals then said, regarding the intent of the sign code, and quoted again from the Land Development Regulations, Section 4.6.7(A): "The purposes of these sign regulations are: to encourage the effective use of signs as a means of communications in the City; to maintain and enhance the aesthetic environment and the City's ability to attract sources of economic development and growth" He said by not allowing national corporations who want to bring their business into the City to have their federally trademarked signs and signage the Board is not meeting the intent set forth in the LDRs. Mr. Korthals concluded his presentation by saying that was why he was asking the Board again for approval, based upon interpretation based on intent. Public Comments There were none. Board Discussion Chair Porten asked if there had been any ex -parte communication on this item and Ms. Finst said she had driven by the location. There was further discussion about the Ma gn Program for the shop enter and Mr. Korthals said that the owner of the shopping center w of allow him to act as age is behalf and stated the owner said he would probably come in wi wn re amend the in a couple of years. He said that if the Board would prefer he lettering but h ght the white letters looked better because tey ch the "Bed Beyond" letters. Mr. Po n said that the "E" alone did not look good. Mr. G stated that th Board approved the proposal a dozen others would be coming back be IV the B anting the thing. Ms. Finst said it w unfortunate that they did not check the riteria in the plaza before they moved in and ould not use t e red 1 ttering they sho o elsewhere. Mr. Aguila said there is no r rio is proble d aroval won Wdlord ke opening Pandora's box. Mr. Bregman s e hoped rthals wo d be *1e to get to change the Master Sign Program. Mr. o en said r. Korthal needs to advise the landlord that, if he wants national tenants in his plaza needs date and re e is Master Sign Program. by Mr. y for of equest for an amendment to the Master Sign ogram fo terprise R -Car, 14 . Mih ary Trail based on positive findings pursuant to I-DR Section 4.6.7(F)(2)(b). otion was seconded by Mr. Bregman and failed by a zero to seven SITE PLAN REVIEW AND APPEARANCE BOARD Project Name: The Bed Bath & Beyond Plaza Project Location: 14832 S. Military Trail Contact Person: "Enterprise Rent -A -Car" ITEM BEFORE THE BOARD The item before the board is consideration to amend the Master Sign Program established November 8, 2006 for The Bed Bath & Beyond Plaza. BACKGROUND The Master Sign Program for the Bed Bath & Beyond Plaza was amended on November 8, 2006. Enterprise Rent - A -Car moved into the Bed Bath & Beyond Plaza several months ago. In September of 2012, the applicant appeared before the board to amend the Master Sign Program in order to allow their corporate colors. The Board could not come to a general consensus and suggested that the applicant return to SPRAB when there was a full board to vote on the amendment. On November 23, 2012 the applicant returned to the Board acting as the agent to amend the Master Sign Program for the Bed Bath & Beyond Plaza with the following criteria changes: B. (2) The Landlord reserves the right to enforce or relax any provisions of these sign criteria at its discretion, with the approval of the Site Plan Review Board. D. (11) Registered trademarks or logos may be permitted for non - anchor tenants provided that the proposed sign does not disrupt the uniformity of the building architecture. The logo shall not exceed 30" in height and 48" long. Federally registered Trademarks will be allowed in corporate colors conforming to the size restrictions listed in Section D. The Board felt the Master Sign Program needed to be looked at as an entire package. They asked the applicant to return with a completed Master Sign Program and not just modifications to meet his needs in order to receive his sign. For this reason they deferred with a vote of 7 -0. In December of 2012, the applicant applied for a green and white logo sign that was approved by staff administratively. It is 2'6" x 2'6" for a total of 6'25" and is illuminated. This sign fits the criteria of the Master Sign Program for the Bed Bath & Beyond Plaza. The applicant is returning with their original sign that the Board first saw on September 12 2012 and not acting as agent to amend the Master Sign Program for the plaza. The sign height is 2'1 '/4 ", sign length 10' 3 ", total square footage 21'6 ". While the size of the sign is allowed by code, their proposed corporate colors green, black and white Meeting Date: February 13, 2013 Agenda Item: do not meet the approved Master Sign color of red. The "E" in Enterprise is green with the balance of the letters being white with black returns. Under the current submission the applicant has made no changes suggested by the board. Staff is recommending denial for the request for the amendment to the Master Sign Program for Enterprise Rent -A -Car. ALTERNATIVE ACTIONS 1. Deny the request for an amendment to the Master Sign Program for Enterprise Rent -A -Car, 14832 S. Military Trail based on failure to make positive findings to LDR Section 4.6.7(F)(2)(b). 2. Approve the request for an amendment to the Master Sign Program for Enterprise Rent -A -Car, 14832 S. Military Trail based on positive findings pursuant to LDR Section 4.6.7(F)(2)(b). 3. Boards Discretion RECOMMENDATION Staff recommends denial of an amendment to the Master Sign Program for Enterprise Rent -A -Car, 14832 S. Military Trail based on failure to make positive findings to LDR Section 4.6.7 (F)(2)(b). Meeting Date: February 13, 2013 Agenda Item: February 28, 2013 Ms. Chevelle Nubin City Clerk City of Delray Beach 100 NW lst Avenue Delray Beach, Florida 33444 Re: Enterprise Rent -A -Car 14832 South Military Trail Delray Beach, FL 33484 Dear Chevelle: On behalf of Enterprise Rent -A -Car we are respectfully requesting an Appeal of the Site Plan Review and Appearance Board's decision from the February 13'x', 2013: meeting in regards to an amendment to the Master Sign Plan to allow exterior wall signage in'the "Bed, Bath and'.Beyond Plaza at 14832 South Military Trail for Enterprise Rent -A -Car. The SPRAB panel failed to use the LDR in their interpretation and as a basis for their findings in making their decision. We are seeking approval of the matter presented to SPRAB on 2/13/2013 as it is compliant with LDR, the Comprehensive Plan and the City's Five Year Plan. If you have any questions, please contact me at 954- 354 -5235 Respectfully submitted, Enterprise Leasing Company. of Florida, LLC, a Delaware limited liability co., d/b /a Enterprise Rent -A- Car Name: Jake Korthals Title: Re riog Regional Operations Supervisor October 16, 2012 City of Delray Beach Site Plan Review and Appearance Board 100 NW 1 st Avenue Delray Beach, FL 33444 Re: Bed Bath & Beyond Plaza, 14820 -22 Military Trail, Delray Beach, Florida 33445, identified as Unit 15 Dear Sir/Madam: This letter authorizes Jake Korthals and Enterprise Rent -A -Car and its representatives to act as agents on our behalf to amend the Master Sign Criteria for the Bed Bath and Beyond Plaza in reference only to the changes set forth herein and for no other changes than what are specifically set forth herein. Paragraph B 2. of the Master Sign Criteria is to be replaced in its entirety with the following: "The Landlord reserves the right to enforce or relax any provisions of these sign criteria at its discretion, with the approval of the Site Plan Review and Appearance Board." The following text shall be added to the end of Paragraph D 11. of the Master Sign Criteria: "Federally Registered Trademarks will be allowed in corporate colors conforming to the size restrictions listed in Section D." No additional changes may be made pursuant to this grant of authority without the written consent of the undersigned or his designate. Sincerely, B.B.B. PLAZA ASSOCIATES, LTD. David S. Novoseller, General Partner 6111 Bioken.Sound Parkway, Office of'the B14.., Boca Raton, Florida, 33,187 Phone: 561 -994 -3223 - Far:.561- 994-32.21 Enterprise Rent a Car Pf 14832 S. Military Trail Delray Beach, Florida I To Whom It May Concern, This letter authorizes Joseph Dillard and Art Sign Company to install a sip(s) at the above referenced location, and Art Sign Company representatives to act: as agents on our behalf to sign permit applications and obtain any necessary permits related ,nly to the above mentioned tenant, Enterprise Rent a Car only. Sincerely, Lz:nC �w Property Owner Property Owner's Owner's Name Printed or Typed Stateof RoE1 (Aq, County of _2? to C h Before me personally appeared n oy'J to me well known to be the person described in and vvho has executed the foregoing instr � ent and acknowledged to and before me that he /she executed said instruinent for the purposes therc"M express WITNESS nay hand and official seal, this 125 day of I'u1 V year U D t Irtz fl `0� Ew%`'`r`p3��� a 0C�f. T ��!¢ s 'RRYP B !!dldl l l ll11� A. SIGNS IN THE .PLAZA WITHOLT CHANGE- Signage for the two out parcel buildings will not-be altered at this time. Any future signage inust be approved. by the landlord axid the C. ty of De.1r3ay Beach Site Plan Review and Appearance Board', 2. In addition to those mentioned, the following flat wall si nago is currently owned and operated by existing Tenants, and therefore will not be required to change signage: "Zion" "Jacks NYC Pizza Restaurant", "Optical", "Office .Products ", "Hairspray Salon and Color Studio ", "SAS ", "Gaspard Shoes ", `:Stitches Needlepoint" "Medical Chiro Rehab''; "JN Nails ", `TLC Nursing" "CVSfpharirnacy ", "Atlantic Fish Grill ", "La PavillorC, "Greek Taverna ". Prior to any lease renewal with the above mentioned tenants, the Landlord will negotiate with. Tenant to replace any signage that does not conform to this new criterion. A rent roll and lease expiratjoh sheet is attached for raf fence. All Future Tenant signage shall be designed, constructed, and located in accordance with the following design criteria and shall be subject to the written approval of the Landlord and approved by the City of Delray Beach. 'Phis criterion has been established to govern the design, fabrication and installation of the Tenant signage and is intended to provide all Tenants with good visual identification., 2. 'Me Landlord reserves the right to enforce or relax any provisions of these sign criteria at its discretion. C. FLAT "WALL SI.GNAGE (Anchor Tenant3): _..: 1 Anchor Tenant is defined as any tenant .. _ .... . . .. Want corztairair,g 10,000 square feet of floor area or greater. Currently only Bed Bath and Beyond and C VS Pharmacy are defined as anchor tenants. 2. In order to provide .the Anuh'or Tenant with a distinct sense. of individuality, the Anchor Tenant may use a prototypical sign that includes; registered logos, registered trademarks, corporate foi.ts, .corporate logos, or corporate colors. Provided that such prototypical signage incorporates channel letters and such signage must be designed, installed and maintained to a l"irst- class appearance. Since the fayade renovation architecture was devised from Tied Bath and B:eyond's prototypical building elevations, Bed. Bath and Beyond will be using their prototypical / corporate sign. If the future anchor Tenant. has no such prototypical sign4ge then. the following Will govern the design of such signage: 3. All letters shall he individual, internally illuminated channel letters with white lamps. ..4. .Consist of :a. maximum of two (2) lines of copy being xed- in color_ (PMS .## 185) with 4 maximum letter height of 35 ". 5. A vai ety of fonts shall be allowed pending Landlord approval. 6. If the sign consists of only one (1) lime of copy the.:max murn letter height shall be 48 ". 7. The trim cap must match the letter faces (Red. BM5 4185). 8. The maximum depth of letter returns shall be 9" and made of a bronze material. 9. The raceway color shall match the existing building face color on which it is installed. 10. The maximum sign area shall not exceed 160 square .feet or 10% of the total square footage of the building face:, whichever is less. 1.1. The ,sign wait shall be centered between the demising walls and the maximum span shall not exceed 80% of the total store width. 1.2. A] I eleetrioal components must be, UL, listed and comply with all NEC and Florida Building Code: . D. FLAT WALL SIG1VAGF, (N€ -n- Anchor Tenants): 1, All letters shall be individual, internally illuminated channel letters with white Iamps. : ,_...Consist of a'maxim of- one: °(1) °Tine of copy being red n.. color (PIM # 185) with a maximum letter be ght of 18 ". 3. if two (2) lir)es of copy is proposed; the, total sign height shall not exceed 32 ". 4. A variety, of fonts shall be allowed pending landlord approval. 5, The maxi'in"Um depth of letter returns shall be 6" and made of a bronze matc-Tia:l. 6. The trim cap must match the letter faces (Red P'M.5 4185). i. A raceway must be used and the color shall match the existing building face on which it is installed. S. TEe maximum sign area shall not exceed 10% of the total square footage of the building face or 80 square feet, whichever is less. 9, Tha sign_can not be, located with in- oue_faot_of the vertical architectural reveals. _. 10 The sigii unit shall be centered betwe:ert the demising...... walls and the maximum .span shall not exceed 80% 0 of the total store width.. 11. Registered trademarks or logos may be pennitted for non - anchor tenants provided that the proposed -sign does not disrupt the uniformity of the building: architecture. The loge shall not exceed 3-0 ":.in height and 48" long. 12. Alt electrical components must be 13L Mted and comply with. all NEC and Florida Building Codes. E. FREESTANDING SIGNAGE. 1. As stated in Sectl6n A above, there are two (7) plaza identification signs at the Plaza Entrances on South Military Trail and Atlantic Avenue. 2. The current shopping center's logo located on the top sigh faOC of the plaza identification signs will be removed and replaced with "Bed Bath and Beyond. Plaza" as shown on the attached documents, This will renarne the shopping center from Delray West Plaza to Bed Bath and Beyond Plaza. 3. Any future changes must be approved by the City of Delray Beach. 4. To allow a sense of individuality for out-parcel tenants, they may use the current allotted size letters and signage area currently provided. Any future changes must be approved by the City of Delray Beach. F. END -CAP SIGNAGE: L Tenants located on end -caps are allowed a maximum of two (2) exterior signs. 2. The secondary sign design must be in accordance with the requirements as outlined in Section D above.. In addition the secandar)< sign must be installed at the same .elevation as thy; pritary sign. 3. If the building is currently? designed with ail Awning on the end cap then tenant may elect to use the Awaing as a second piece of sign age if the proposed s °ignage is accepted by the City of Delray Beach. . WINDOW AND DOOR SIGNAGE: 1. All window and door lettering shall be white vinyl applied to the inside of the space. 2. Each tonant will be permitted to place upon each entrance of its demised _ premises, l) 8' x....12.'.'.. sign hours of business, emergency numbers, address, etc> _ ._. ... . 3 Ea0b tenant having a non - customer dear for receiving, merchandise may have one (1) 6"x 12" sign indicating the. tenant's name and address. 4. Each tenant shall be allowed to have their company name centered on each customer door. This lettering. shall not exceed 15% of the door area. H, INSTALLATION REQUIREMENTS. 1. All installation components. such as, but not limited to, fasteners, clips, bolts, a;te,, shall be of.n.on- corrosive. stainless steel, al:uminurit, .bass; bronze or carbon bearing steel with painted finish. No black iron. material of any type shall be permitted. 2. All penetrations of the fascia small be neatly sealed in a watertight manner using a single component polyurethane sealant as approved by Landlord. Tenant is responsible for fascia penetrations and damage that may .result, including but not limited to water damage. 3. Location of all penetrations of the building fascia for conduit, 'sleeves etc. shall be shown on the approved. detailed drawing submitted by Tenant. 4. No exposed :labels are permitted on the. signage that. is visible from the. ground, except as requi:rcd by local ordinance. 5. Allfaqtentrs for the sign installation shall be concealcd. Method of installation to the building fascia shall be approved by the landlord in Writing. b' l:ristallation §Ball coritply Stith all local codes and artfinances: Electrical work ..._...._ _ ,...... shall be performed by a licensed electrician. Signage shall have an individual circuit and controlled by a dine clock. Priinlaly electric to the signage is the Tenant's responsibility. I. IN URAME REQUIRE 1. All signage contractors installing signs at the Bed B:ath,and'Beyond Plaza shall be requ.i -ed to have a current insurance policy in force with limits of no less than one million dollars ($1,000;000,00) for Commercial General Liability and Workers Compensatioa and Employer's liability in compliance with applicable legal requirements of the State of Florida, . PROCEDURAL REQUIREMENTS: 1, Prior to 'sigynage fabrication, Tenant shall submit, or cause to be submitted to Landlord for approval, Three (3) sets of detailed drawings indicating t)e location, size, layout, fabrication and installation method, design, .copy style and color of ., the proposed signage, including window /door lettering and/or gralihics. Drawings shall show. futl_ fascia ,wt.rbte al faus. oie_ih c ee specific domis'ed promise. 2, Tenant's Signage Contractor shall be a reputable signage fabricator, whose principal business is the fabric;.ation of similar internally illuminated channel letter signs; who has been in business for a .minimum of three (3) years. Additionally, Tenant shill submit,, or cause to be submitted to Landlord a Certificate of Insurance of type coverage and lin is as approved by Landlord in writing. Certificate of.Insurance shall ;name Landlord and its agents as additional insured. No work on premise may commence without a Certificate of Insurance delivered to the Landlord. Tenant. shall be responsible for all required permits for their signage and the installation thereof, including but not, limited to, those by the City of Delray Beach, County of Palm. Beach, or State of Florida. In addition to those requirements listed herein, Tenant must adhere to any municipal code requirements that may further restrict signage size, design or fabricai:ion. Tenant must submit evidence in writing to the Landlord that all approvals and permits have been- secured prior to erecting signage 4. ; ?abrie:ation installation and permit costs: shall be at the Tenant's sole expense. 5. Tenant shall be responsible for the maintenance and repair of its signage. If, after fftien (15) days notification to repair signage, no action has been taken by the Tenant, the Landlord will contract to repair or maintain signage and the cost. of repair or maintenance will be invoiced plus t:en percent (1 do /o) to the Tenant as additional cent. K NOT PERMITTED: 1.. Any si.gm:s that contain a cabinet or box, , flashing, audible, moving, blinking or animated characters. 2. Under Canopy signage is not permitted. FRANCES L7 3e � x c7 J= Q ELLWOOD 40 � F FRANWOOD CANAL I CANAL L -33 0 z a 0 O 3 <a� 0_ Q F1 J t� WEST A T L A N T I C A V E N U E w z ¢ 0 0 Q PlIPIT z Y r JEFFERSON ROAD o y J z ¢ Y o Q z = U � ¢ o oz 3 r W LINCOLN ROAD x iLLLLM ESTATES DRIVE DAMS ROAD HER CIRCLE ASHINGTON ROAD w O O o¢ ESTATES DRIVE 0 3 MADISON ROTD w Y N SUBJECT PROPERTY ENTERPRISE RENT -A -CAR 0 14832 S. MILITARY TRAIL PLANNING TMEN ZONING LOCATION MAP -- DIGITAL BASE MAP SYSTEM -- MAP REF: S: \Planning & Zoning \DBMS \File— Cab \Z —LM 1001- 1500 \LM1385 — Enterprise Rent —A —Car 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: March 12, 2013 SUBJECT: AGENDA ITEM 10.C. - REGULAR COMMISSION MEETING OF MARCH 19, 2013 WAIVER REQUESTS/ DELRAY BEACH FAIRFIELD HOTEL ITEM BEFORE COMMISSION Consider approval of six (6) waivers to the Land Development Regulations (LDR) Sections 4.4.13(F)(4)(b)(1), "Front Setbacks ", 4.4.13.(F)(4)(c)(1), `Building Frontage ", 4.6.9(D)(3)(c)(1), "Stacking Distance ", 6.1.3(B)(1) (f), "Sidewalk Design Requirements" and 4.6.18(B)(14)(iv)(2), "Windows and Doors ", pertaining to the Delray Beach Fairfield Hotel. Waiver #1 Along West Atlantic Avenue: for a height from finished grade to 37' feet': A waiver request to LDR Section 4.4.13(F)(4)(b)(1) [Design Development Standards]: To allow a decrease in the required building frontage setback at 10' maximum from the required 196' to the proposed 181'. Waiver #2• Along SW 91h Avenue: for a height from finished grade to 25' feet': A waiver request to LDR Section 4.4.13(F)(4)(c) (1) [Design Development Standards]: To allow a decrease in the required building frontage setback at 10' maximum from the required 252' to the proposed 0'. waiver; 'I- Along SW IOth Avenue: for a height from finished grade to 25' feet': A waiver request to LDR Section 4.4.13(F)(4)(c) (1) [Design Development Standards]: To allow a decrease in the required building frontage setback at 10' maximum from the required 112' to the proposed 0'. Waiver #4 :A waiver request to LDR Section 4.6.9(D)(3)(c)(1) to reduce the minimum stacking distance for the two parking lot access driveways from the required 50' to 11' for the western access driveway, and to 14' for the eastern access driveway. Waiver #5:A 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 SW 10th Avenue and SW 9th Avenue from the required 8' -0" to the proposed 5' -0 ". Waiver #6: A waiver request to LDR Section 4.6.18(B)(14)(iv)(2), to reduce the minimum transparency or glass surface along West Atlantic Avenue from the required 75% to the proposed 25 %, along SW 10th Avenue from the required 75% to the proposed 4 %, and along SW 9thAvenue from the required 75% to the proposed 4 %. 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. Waivers #1, #2, and # 3 - Required Building Frontage and Setback: The applicant has provided the following justification with regard to these waiver requests: "..This site has three right -of -ways with a minimum setback requirement of 5' and a maximum setback of 10' along West Atlantic Avenue, SW 9th Avenue and SW 10th Avenue plus upper level setbacks that are different than the ground floor. The upper building frontage cannot meet these code requirements because of the site constrains, coupled with the brand name's strict prototypical building requirements. Buildings in the CBD are required to provide rhythm and articulation, and changes in materials and textures. The design of the proposed project provides these attributes, but fails to meet various 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. Granting this waiver does not result in any special privilege.. " The proposed building is based on two principles: first, parking lot area location at the rear of the site; and secondly, to conceive a geometrically well - proportioned building with an attractive streetscape in close proximity to West Atlantic Avenue. The site is constrained and bounded by three roadways. The site is an "L" shape site that has a diminishing depth from 364' along 9th Avenue to 168' along 10th Avenue which further limits the attempt to situate the building and parking lot to the rear and still comply with the LDR building frontage requirements. The CBD Design Guidelines are geared mostly towards the design of mixed -use and residential buildings as infill in the downtown area. The proposed development is a small 95 -room hotel building with a typical predesigned room lay -out that would be operationally unfeasible and economically challenging if the required building frontages along the existing right -of -ways were stepped back from finished grade to a height of 48'. The waivers will not adversely affect neighboring properties or diminish the provision of public facilities, and would be supported under similar circumstances and therefore will not result in granting a special privilege. Thus, positive findings can be made with respect to LDR Section 2.4.7 (B)(5). Waiver #4 - Vehicular Stacking Distance: The applicant is requesting a waiver to LDR Section 4.6.9(D)(3)(c)(1) to reduce the required stacking distance for the two parking lot access driveways from the required 50' to 11' for the western access driveway, and to 14' for the eastern access driveway. The applicant has provided the following justification for the waiver request: "....A waiver is requested to allow for a 11 ' stacking distance from the street driveway access on SW 10th Avenue, and to allow for a 14' stacking distance on SW 9th Avenue, to the first parking stall from the code required 50'. The waiver is required in order to meet the parking requirements for the site, per the land development regulations, and per the Marriott standard requirements for minimum parking, to accommodate the hotel building within the property. Due to other landscape and building code requirements, it is not possible to move these parking stalls to another location on the site to meet parking needs for the hotel site. Every effort has been made to allow for the most efficient traffic flow, and we are confident this layout will not present problems because: There are 2 entry and exit points which will relieve staking at any one point, and both entries are on secondary streets. Finally, the guests will be directed to park in a gated area of the parking lot, away from the entries to the parking lot, leaving the spaces by the entries less likely to be in transition.... " The development proposal provides two ingress /egress points, one from SW 10th Avenue with a stacking distance of 11' and the other from SW 9th Avenue r -o -w with a stacking distance of 14', which are the two primary point of entry into the parking lot. The proposed parking lot will not support office or commercial space and will only be for hotel visitor's use. The tourist nature of the development means that visitors to the hotel will be able to use alternatively either access SW 10th Avenue or SW 9th Avenue. Hotel guests arrive and depart at different times, so they do not create peak hour back -ups. A 50' stacking distance is more appropriate for suburban parking lots, where roads are abundant with high speed traffic. Similar waivers have been approved for other projects in the CBD District, including Saxena White office building, The Mark Mixed Use building, and more recently for SOFA Building #2 on SE 2nd Avenue. 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). Waiver #5 - 8' Wide Sidewalk: Pursuant to LDR Section 6.1.3(B), an 8' sidewalk shall be provided on the Central Business District. The applicant is requesting a waiver to allow for a reduction from the required 8' -0" wide sidewalk to a 5' -0" wide sidewalk along SW 10th Avenue and along SW 9th Avenue. The applicant has provided the following justification for the waiver request: "....A waiver is requested to allow the sidewalks to be 5' wide instead of the LDR required 8' wide along SW 10th Avenue and SW 9th Avenue. The existing sidewalks on these streets are 5' wide. We are proposing parallel parking along the frontage of the property, which requires some of the space that would otherwise be used for the 8' sidewalk. In some areas, the sidewalk is on private property to accommodate the parallel street parking. Increasing the sidewalks to 8' wide on private property will only reduce the landscape area and buffers associated with the project. SW 10th and SW 9th Avenue are secondary streets that lead into residential areas where 5' wide sidewalks are standard widths. Neither street constitutes a principal frontage of the building, which would juste the wider sidewalks in order to accommodate commercial traffic to store fronts. We believe the waiver is needed due to these site restraints and conditions, and the requirement unnecessary due to the secondary nature of these frontages, which will not require the added pedestrian space. " The adjacent land use intensity, pattern of development, the very close distance to West Atlantic Avenue, as well as street section, and anticipated pedestrian traffic does warrant an 8' wide sidewalk along SW 10th Avenue and SW 9th Avenue. A five foot (5') wide sidewalk is not consistent with the adjacent pattern of development and the anticipated volume of pedestrian traffic. Thus, the requested waiver can only be supported under the condition that an 8' wide sidewalk for both SW 9th Avenue and SW 10th Avenue be provided from West Atlantic Avenue up -to the access driveway to the rear parking lot area; the remaining r -o -w for SW 9th and SW 10th Avenue (south of the parking lot access driveways) shall provide only a 5' wide sidewalk. Granting the requested waiver, as described by staff, will not have an adverse effect on the neighboring area, diminish the provision of public facilities for the smooth and functional pedestrian movement, and will not create and unsafe situation. Granting this waiver will not result in the granting of a special privilege. Consequently, a positive finding with respect to LDR Section 2.4.7(B)(5) can be made. Waiver #6 - 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. The waiver request is to reduce the minimum transparency or glass surface along West Atlantic Avenue from the required 75% to the proposed 25 %, along SW 10th Avenue from the required 75% to the proposed 4 %, and along SW 9th Avenue from the required 75% to the proposed 4 %. In support of the waiver request the applicant has provided the following statement: "....The waiver request is to reduce the minimum transparency or glass surface along West Atlantic Avenue, SW 10th Avenue, and SW 9th Avenue from the required 75% to the proposed 25 %. While 75% transparency on commercial spaces, such as retail or office space, may be desirable, our building is a hotel in a residential code requirement. Since the first floor is mostly hotel rooms, it is not possible to meet the 75% glass surface criteria as the hotel guests have the same expectation of privacy than they would in a home, and it would not be appropriate to have the same level of exposure you would in a work -space found in a typical commercial establishment..... " The requirements for glazing transparency are customarily associated with commercial, office, and retail uses. The percentage of surface transparency area proposed is consistent with the use and the design of the proposed hotel building. The building minimum transparency or glass surface proposed along West Atlantic Avenue is 25 %; for SW 10th Avenue is 4 %, and for SW 9th Avenue is 4 %. The proposed level of transparency satisfies the spirit of this requirement for a hotel development with guest room located on the ground floor, 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(B)(5) can be made. The Site Plan Review and Appearance Board ( SPRAB) reviewed the waiver requests at their meeting of February 27, 2013 in conjunction with review of the proposed Delray Beach Fairfield Inn Hotel. After a brief discussion, the Board moved a recommendation of approval of all waivers on a unanimous vote of 5 -0. A detailed description and analysis of the proposal is contained within the attached SPRAB staff report February 27, 2013. RECOMMENDATION By Separate Motions: Waiver #1: Move approval of the waiver request to LDR Section 4.4.13(F)(4)(b)(1), to allow along West Atlantic Avenue for a height from finished grade to 37' feet', a decrease in the required building frontage setback at 10' maximum from the required 196' to the proposed 181', 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 approval of the waiver request to LDR Sections 4.4.13(F)(4)(c) (1), along SW 9th Avenue for a height from finished grade to 25' feet, to allow a decrease in the required building frontage setback at 10' maximum from the required 252' 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). Waiver #3: Move approval of the waiver request to LDR Sections 4.4.13(F)(4)(c), along SW 10th Avenue for a height from finished grade to 25' feet, to allow a decrease in the required building frontage setback at 10' maximum from the required 112' 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). Waiver #4• Move approval of the waiver request to LDR Section 4.6.9(D)(3)(c)(1), to reduce the minimum stacking distance for the two parking lot access driveways from the required 50' to 11' for the western access driveway, and to 14' for the eastern access driveway, 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 approval 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 SW 10th Avenue and SW 9th Avenue from the required 8' -0" to the proposed 5' -0" with the condition that an 8' wide sidewalk for both SW 9th Avenue and SW 10th Avenue shall be provided up -to the access driveway to the rear parking lot area, 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 #6: Move approval of the waiver request to LDR Section 4.6.18 (B)(14)(iv)(2), to reduce the minimum transparency or glass surface along West Atlantic Avenue from the required 75% to the proposed 25 %, along SW 10th Avenue from the required 75% to the proposed 4 %, and along SW 9th Avenue from the required 75% to the proposed 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). 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 FOR DELRAY BEACH FAIRFIELD INN HOTEL PROJECT ON WEST ATLANTIC AVENUE 2013. 1. These waiver requests came before the City Commission on March 19, 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request for the Delray Beach Fairfield Hotel on the south side of West Atlantic Avenue between S.W. 9th Avenue and S.W. 10th 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 4.4.13(F)(4)(b)(1) Pursuant to LDR Section 4.4.13(F)(4)(b)(1), for a height from finished grade to 37 feet (37'), 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 applicant is asking for a waiver to allow a 181 feet (181') of building frontage along West Atlantic Avenue to be set back no greater than ten feet from the property line. A minimum of 196 feet (196 ') of building frontage is required to be set back no greater than 10 feet (10 '). 1 Should the waiver to Section 4.4.13(F)(4)(b)(1) be granted? Yes No B. Waiver to LDR Section 4.4.13(F)(4)(c) (1) Pursuant to LDR Section 4.4.13(F)(4)(c)(1), for a height from finished grade to 25 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 applicant is asking for a waiver to allow a zero feet (0') of building frontage along S.W. 9 Avenue to be set back no greater than ten feet (10') from the property line. A minimum of 252 feet (252') of building frontage is required to be set back no greater than 10 feet (10'). Should the waiver to Section 4.4.13(F)(4)(c) (1) be granted? ► C7 C. Waiver to LDR Section 4.4.13(F)(4)(c)(1) Pursuant to LDR Section 4.4.13(F)(4)(c)(1), for a height from finished grade to 25 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 applicant is asking for a waiver to allow a zero feet (0') of building frontage along S.W. 10t" Avenue to be set back no greater than ten feet (10') from the property line. A minimum of 112 feet (112') of building frontage is required to be set back no greater than 10 feet (10'). Should the waiver to Section 4.4.13(F)(4)(c) (1) be granted? Yes No 2 D. 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 allow a minimum stacking distance of 11 feet (11') for the western access driveway and 14 feet (14') for the eastern access driveway. Should the waiver to Section 4.6.9(D)(3)(c)(1) be granted? Yes No E. Waiver to LDR Section 6.1.3(B)(1)(f) Pursuant to LDR Section 6.1.3(B)(1)(f), the required width of the sidewalk in the Central Business District (CBD) is 8 feet (8'). The applicant is asking for a waiver to allow the portion of the sidewalk along S.W. 10th Avenue and S.W. 9th Avenue from the rear parking lot access driveway to the south property line to be 5 feet (5). The sidewalk along S.W. 10th Avenue and S.W. 9th Avenue from West Atlantic Avenue to rear parking lot access driveway will be 8 feet (8'). Should the waiver to Section 6.1.3(B)(1)(f), be granted? Yes No F. 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 wall area of all non - residential and mixed -use buildings shall be a minimum of 75 percent (75 %) of the wall area for that elevation. The applicant is asking for a waiver to allow a minimum transparency of 25 percent (25 %) for the West Atlantic Avenue elevation, a minimum transparency of 4 percent (4 %) for the S.W. 10th Avenue elevation, and a minimum transparency of 4 percent (4 %) for the S.W. 9th Avenue elevation Should the waiver to Section 4.6.18(B)(14)(iv)(2) be granted? 3 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. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 19th day of March 2013, by a vote of in favor and opposed. ATTEST: Chevelle Nubin, City Clerk 12 Thomas F. Carney Jr., Mayor SITE PLAN REVIEW AND APPEARANCE BOARD CITY OF DELRAY BEACH -- -STAFF REPORT - -- MEETING DATE: February 27, 2013 ITEM: Delray Beach Fairfield Inn Hotel Class V Site Plan, Landscape Plan, and Architectural Elevations associated with the construction of a four -story hotel with 95 rooms, a 92 -space parking lot located towards the rear of the building; and installation of 13 parallel parking spaces. The hotel will be located on the south side of West Atlantic Avenue between SW 10th Avenue and SW 9th Avenue. GENERAL DATA: Agent. . .............................. Location ....... ............................... Property Size .............................. Existing FLUM ........................... Current Zoning ............................ Adjacent Zoning ............... North- East: South: Jay Huebner, HSQ Group, Inc.. On the South side of West Atlantic Avenue between SW 10th Avenue and SW 9th Avenue 1.778 acres CC (Commercial Core) CBD (Central Business District) CBD (Central Business District) CBD (Central Business District) RM (Multiple Family Residential - Medium Density) West: CBD (Central Business District) Existing Land Use ...................... Vacant lot Proposed Land Use .................... Delray Beach Fairfield Inn hotel with 95 rooms. Water Service ........................ Available via connection to an 8" water main located on the south side of West Atlantic Avenue, a second 8" water main located along SW 10th Avenue and a third one along SW 9tr, Avenue r -o -w. Sewer Service ................. Available via connection to an 8" sewer main located along SW 10th Avenue and a second 8" sewer main located along SW 9th Avenue r -o -w. OWN . �ILI Elm s� � 0 ITEM BEFORE THE BOARD The item before the Board is the approval of the following aspects of a Class V site plan request for Delray Beach Fairfield Inn Hotel, pursuant to Land Development Regulations (LDR) Section 2.4.5(F): ❑ Site Plan; ❑ Landscape Plan; ❑ Architectural Elevations; and ❑ Waiver Requests. BACKGROUND The proposal involves a 1.778 acres site which includes: Lot 1, 2, 17, 18, 19, and 20, Block 1, Belair Heights as recorded in Plat Book 20, Page 45 of the Public Records of Palm Beach County, Florida; Together with Tracts "B" and "C, Belair Heights Replat as recorded in Plat Book 73, Page 17, of the Public Records of Palm Beach County; formerly known as Lots 3, 5, 6, and 16 and the vacated alley North of and adjacent to said Lot 16, Block 1, Belair Heights, as recorded in Plat Book 20, Page 45, of the Public Records of Palm Beach County, Florida, less the north 20 feet of said Lots 3, 5, and 6 and the external arc area formed by the 25.00 foot radius at the northeast corner of said Lot 6; • Together with the vacated alley north and east of and adjacent to said Lot 7, Block 1, Belair Heights as recorded in Plat Book 20, Page 45, of the Public Records of Palm Beach County, Florida. • Together with the East one -half of the vacated alley West of and adjacent to said Lots 17, 18, 19, and 20, Block 1, Belair Heights, as recorded in Plat 20, Page 45, of the Public Records of Palm Beach County, Florida; At its meeting of December 17, 2012, the Planning and Zoning Board held a public hearing for a conditional use request to allow a hotel within the West Atlantic Neighborhood pursuant to LDR Section 4.4.13(D)(16). The conditional use was for the Delray Beach Fairfield Inn Hotel with 95 rooms within the CBD (Central Business District). The Board moved a recommendation of approval for the conditional use request, subject to conditions. At its meeting of January 3, 2013, the City Commission approved the conditional use request to allow a hotel within the West Atlantic Neighborhood pursuant to LDR Section 4.4.13(D)(16), subject to the following conditions: 1. That the applicant submit an application for Class V Site Plan Approval which at a minimum addresses the following issues identified in this staff report: 2. That a detail of the proposed 5' high wall to be located around a portion of the parking lot needs to be provided; 3. That the site plan shall depict the location of the emergency generator and associated fuel supply. The emergency generator needs to be designed and equipped to operate at full capacity for the equipment being served for a period not less than 120 hours and a note to this effect shall be placed on the site plan. 4. That provision of sufficient spread of illumination level along SW 10th Avenue and SW Stn Avenue r -o -w needs to be accommodated. An increased illumination level in this area for personal safety purposes and prevention of vandalism is recommended; Site Plan Review and Appearance Board Staff Report: Meeting of 02/27/13 Delray Beach Fairfield Inn Hotel - Class V Site Plan, Landscape Plan and Architectural Elevations Page 2 5. The applicant shall provide a contribution of approximately one -half the cost of a bus shelter ($ 5,500) prior to certification of the site plan; 6. Visibility triangles for the two access driveway to the parking lot along SW 10th Avenue and SW 9th Avenue, as well as the intersections of West Atlantic Avenue r -o -w with SW 10th Avenue and SW 9th Avenue need to be depicted on the site plan and landscape plan; 7. That the required two feet (2') right -of -way dedication along West Atlantic Avenue (west half of the property) be executed as part of the required plat associated with the subject property and be depicted on the site plan, Engineering plans, and Landscape plan; S. That the required twenty feet (20') corner clip dedication at the southwest corner of West Atlantic Avenue and SW 9th Avenue, and the southeast corner of West Atlantic Avenue and SW 10th Avenue be executed as part of the required plat for the property and be depicted on the site plan, Engineering plans, and Landscape plan; 9. Utility facilities serving the development shall be located underground throughout the development. A note to this effect needs to be placed on the site plan; 10. As the development proposal includes the integration of various lots and the dedication of right -of -way, a plat must be processed and recorded prior to issuance of a building permit; 11. The applicant has indicated that the function of the higher areas at the center portion of the building (including the proposed decorative trellis) have two purposes: 1) to screened, and cover mechanical equipment which will be strategically located behind these areas; and 2) the proposed trellis and higher elements are iconic to the Fairfield Hotel brand. Thus, this portion of the building which has a height of 56' is not intended for human occupancy and may be considered an "appurtenance ". A condition of approval is attached that details of the equipment are provided, depicted, and marked on the building elevations. The associated Class V site plan for Delray Beach Fairfield Inn Hotel is now before the Board for action. PROJECT DESCRIPTION The development proposal incorporates the following: ❑ Construction of a four- story, 95 -room hotel building with a 92 -space parking lot located towards the rear of the building; installation of 13 parallel parking spaces, two (2) spaces along SW 10th Avenue, six (6) spaces along West Atlantic Avenue; and five (5) spaces along SW 9th Avenue; ❑ Installation of amenities such as a lobby area, an out -door pool and pool deck, a fitness room, printing and computer facility area, guest breakfast area, guest laundry room area, and a meeting room, all located on the ground floor of the building; ❑ Installation of sidewalks with decorative paver blocks, and a bicycle parking facility; 11 Installation of a dumpster and associated landscaping. Site Plan Review and Appearance Board Staff Report: Meeting of 02/27/13 Delray Beach Fairfield Inn Hotel - Class V Site Plan, Landscape Plan and Architectural Elevations Page 3 The Class V site plan application also includes the following waiver requests: 1. A waiver to LDR Section 4.4.13(F)(4)(b)(1), which requires that: From finished -grade to 37' the re wired building frontage allonct West Atlantic Avenue setback at 10' maximum needs to be a minimum of 196'. The applicant is proposing a building frontage of 181' setback at 10' maximum. Thus, the waiver request is to allow (along West Atlantic Avenue), a decrease in the required building frontage setback at 15' minimum from the required 196' to the proposed 181'. 2. A waiver to LDR Section 4.4.13(F)(4)(b)(1), which requires that: From finished -grade to 25' the required buildina frontage along SW 9t" Avenue setback at 10' maximum needs to be a minimum of 256'. The applicant is proposing a building frontage of 0' setback at 10' maximum. Thus, the waiver request is to allow (along SW 9th Avenue), a decrease in the required building frontage setback at 10' maximum from the required 256' to.the proposed 0'. 3. A waiver to LDR Section 4.4.13(F)(4)(b)(1), which requires that: From finished grade to 25', the required buildinq frontage along SW loth Avenue setback at 10' maximum needs to be a minimum of 112'. The applicant is proposing a building frontage of 0' setback at 10' maximum. Thus, the waiver request is to allow (along SW 10t Avenue), a decrease in the required building frontage setback at 10' maximum from the required 112' to the proposed 0'. 4. A waiver to LDR Section 4.6.9(11D)(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 parking lot access driveways from the required 50' to 11' for the western access driveway, and to 14' for the eastern access driveway. 5. A waiver to LDR Section 6.1.3(13)(1)(0, to reduce the required width of the sidewalk in the Central Business District along SW 10th Avenue and SW 9th Avenue from the required 8' -0" to the proposed 5-0 "; 6. A waiver to LDR Section 4.6.18(13)(14)(iv)(2), where 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 West Atlantic Avenue from the required 75% to the proposed 25 %, along SW 10th Avenue from the required 75% to the proposed 4 %, and along SW 9th Avenue from the required 75% to the proposed 4 %. SITE PLAN ANALYSIS COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the site and development application /request. LDR Section 4.3.4(K) - Development Standards Matrix: The center portion of the building has a height of 56' but it is not intended for human occupancy and may be considered an "appurtenance ". In order to justify this height, a condition of approval Site Plan Review and Appearance Board Staff Report: Meeting of 02/27/13 Delray Beach Fairfield Inn Hotel - Class V Site Plan, Landscape Plan and Architectural Elevations Page 4 is attached that details of the equipment are provided and watermarked on the building elevations. The applicant has indicated that the function of the higher areas at the center portion of the building (including the proposed decorative trellis) have two purposes: 1) to screen and cover mechanical equipment which will be strategically located behind these areas; and 2) the proposed trellis and higher elements are iconic to the Fairfield Hotel brand. Open Space: Pursuant to LDR Section 4.4.13(F)(2), a minimum of 10% non - vehicular open space shall be provided. The proposed hotel will substantially exceeds the minimum requirement by providing 26 % of pervious open space area, and thus this LDR requirement has been met Building Frontage and Setbacks: Pursuant to LDR to Section 4.4.13(F)(4)(b) (1) and (2), for those buildings fronting on Atlantic Avenue in the West Atlantic Neighborhood, the following setbacks apply: Lower Levels - Ground floor to thirty -seven feet (37'): 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 setback a minimum of fifteen feet (15') from the property line. Upper Levels - above thirty -seven feet (37') 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 thirty -seven feet (37') to forty -eight feet (48') in height shall not exceed seventy percent (70 %) of the floor area contained within the allowable ground level footprint. Table #1 West Atlantic Avenue Frontage Percentage of Required Compliance Lot Frontage and Building Building LDR Building Proposed with LDRs Building frontage Height Frontage Required Frontage at Building (min & max) Setback Setback Frontage Yes No From 701A min 196' = 70 10' max 181' = 65% X Finished 901A max 280'= 90% West Atlantic Grade to 37' Remaining Length 15' min 84'- 28' 74' X 1st to 3rd tl. Avenue Lot Frontage 290' Above 37' to Building Front. 280' a Height of 701/6 at least 15' min — 196" 209' X 48' comply with min 4th floor Remaining Length <- 84' 73' X setback required Table #1 above indicates that the proposed development does not meet the requirements of LDR Section 4.4.13(F)(4)(b)(1) for a height from finished grade to 37' feet. Therefore, a waiver to LDR Section 4.4.13(F)(4)(b)(1) is required. Waiver #1: The applicant has requested a waiver to LDR Section 4.4.13(F)(4)(b)(1), which requires that From finished grade to 37', the required building frontage along West Atlantic Avenue setback at 10' maximum needs to be a minimum of 196'. The applicant is proposing a building Site Plan Review and Appearance Board Staff Report: Meeting of 02/27/13 Delray Beach Fairfield Inn Hotel - Class V Site Plan, Landscape Plan and Architectural Elevations Page 5 frontage of 181' setback at 10' maximum. Thus, the waiver request is to allow (along West Atlantic Avenue), a decrease in the required building frontage setback at 10' maximum from the required 196' to the proposed 181'. Pursuant to LDR to Section 4.4.13(F)(4)(c) (1) and (2), for those buildings fronting on other right of ways, the following setbacks apply (SW 9th and SW 10th Avenue): 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. Table #2 SW 9th Avenue Front (60' Corner) Percentage of Required Compliance Lot Frontage and Building Building Required Building Proposed with LDRs Building frontage Height Frontage Setback Frontage at Building (min & max) Setback Frontage Frrontage Yes No From 70% min 10' max 256'= 70% 329' = 90% 0 X Finished 90% max Remaining Length 15' min 109' = 30% 36' = 10% 55" X SW 9th Avenue Grade to 25' Lot Frontage =370' Building ront = 370' -5' =365' g from 25' to 701/. min 15' min '= 256' 342' a Height of 46' Remaining Length 5' <= 109 0 X Table #2 above indicates that the proposed development, along SW 9th Avenue, does not meet the requirements of LDR Section 4.4.13(F)(4)(c)(1) for a height from finished grade to 25' feet, thus, a waiver to this LDR requirement is required. Waiver #2: A waiver to LDR Section 4.4.13(F)(4)(c)(1) and (2), which requires that From finished grade to 25', the required building frontage along SW 9th Avenue setback at 10' maximum needs to be a minimum of 256'. The applicant is proposing a building frontage of 0' setback at 10' maximum. Thus, the waiver request is to allow (along SW 91h Avenue), a decrease in the required building frontage setback at 10' maximum from the required 256' to 0'. Site Plan Review and Appearance Board Staff Report: Meeting of 02/27/13 Delray Beach Fairfield Inn Hotel - Class V Site Plan, Landscape Plan and Architectural Elevations Page 6 Table #3 Delray Fairfield Inn Hotel: SW 10th Avenue Front (60' Corner) Percentage of Required Compliance Lot Frontage and Building Building Required Building Proposed with LDRs Building frontage Height Frontage Setback Frontage at Building (min & max) Setback Frontage yes No From 70% min 10' max 11 2' = 70 144'= 90% 0 X Finished 90% max Remaining Length 15' min % 48'= 30 16'= 10% 55 X 5W 10th Avenue Grade to 25' Lot Frontage =165' Buildin g Front 165' -5' =160" from 25' to 70% min 15' min '= 109.9' 160' X a Height of 48' Remaining Length 5' <= 47.1' 0' X The Table #3 above indicates that the proposed development, along SW 10th Avenue, does not meet the requirements of LDR Section 4.4.13fl(4)(c)(1), for a height from finished grade to 25' feet, thus, a waiver to this LDR requirement will be required. Waiver #3: A waiver to LDR Section 4.4.13(F)(4)(c)(1) and (2), which requires that From finished -grade to 251, the required buildinq frontage alonq SW 101h Avenue setback at 10' maximum needs to be a minimum of 112'. The applicant is proposing a building frontage of 0' setback at 10' maximum. Thus, the waiver request is to allow (along SW 10th Avenue), a decrease in the required building frontage setback at 10' maximum from the required 112' to the proposed 0'. Analysis of Waiver #1, Waiver #2, and Waiver # 3: 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 with regard to waiver request: ".. The prototypical Fairfield Inn building does not match exactly the dimensions of the property that is surrounded on three sides by street right -of -way. A hard ship has been created at no fault of the developer due to site conditions that require exact setback criteria for all buildings fronting public right -of -ways. This site has three right -of -ways with a minimum setback of 5' and a maximum setback of 10' along West Atlantic Avenue, SW 9th Avenue and SW 10th Avenue plus upper level setbacks that are different than the ground floor To mitigate for the larger setbacks we are proposing on- street parking on 10th Avenue in front of the building to provide additional parking for the surrounding area, and that will make it feel like there's a smaller setback from the edge of pavement to the building. Site Plan Review and Appearance Board Staff Report: Meeting of 02/27/13 Defray Beach Fairfield Inn Hotel - Class V Site Plan, Landscape Plan and Architectural Elevations Page 7 The nine foot parking stalls will reduce the amount of green area in front of the building on 90th Avenue giving it the look and feel of a 90 foot setback. The upper building frontage cannot meet these code requirements because of the site constrains, coupled with the brand name's strict prototypical building requirements. The granting of this waiver does not adversely affect the neighboring area, not does it diminish the provision of public facilities or create an unsafe situation. Granting this waiver does not result in any special.. " 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 lot area location at the rear of the site to provide access from SW 10th and SW 91h Avenue r -o -w; and secondly, to conceive a geometrically well - proportioned building in close proximity to West Atlantic Avenue. The final design of the building shows the need to pull the building mass closer to the street (including the upper levels, 3`d and fourth floor), and create an attractive streetscape while achieving a well - proportioned and economically feasible building. The site is constrained by the fact that it is bounded by three roadways. The subject lot presents limitations to accommodate the required building frontage along SW 10th and SW 9th Avenue because of the lot depth. The site is an "L" shape site that has a diminishing depth from 364' along 9th Avenue to 168' along 10th Avenue which further limits the attempt to situate the building and parking lot to the rear and still comply with the LDR building frontage requirements. The CBD District Design Guidelines are geared mostly towards the design of mixed -use and residential buildings in the downtown area. The proposed Fairfield Inn Hotel is a small 95 -room hotel building with a typical predesigned room lay -out that would be operationally unfeasible and economically challenging if the required building frontages along the existing right -of -ways were stepped back from finished grade to a height of 37'. Thus, the provision of a decorative 4' -5" high wall with 5' -6" columns along a portion of SW 9th Avenue and a T -0" high wall along a portion of SW 10th Avenue creates the sense of urbanized downtown development which is the intent of the CBD District Design Guidelines. Due to the proposed type of use, the site constraints, and the location of the project within the downtown urban area, the waiver to adjust the required frontage and front setbacks should be supported. The proposed building frontage and building facade along West Atlantic Avenue, SW 10th and SW 91h Avenue creates a visually attractive streetscape with a sense of an urbanized downtown development which is the intent of the CBD District Design Guidelines. The parking area location and an unusually long configuration of the site resulted in a well - conceived and geometrically well - proportioned building. Under these circumstances the waivers can be supported. Similar waivers have been approved for other projects in the CBD District, including Mirafiores multiple family residential development, Atlantic Shores multiple family residential development, Sofa Building #2 residential development, Saxena White office building, The Mark Mixed Use building, The Boueri building mixed use development, and West 51h Condos multiple family residential development. The waivers 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 2.4.7 (B)(5). CPTED Review (Crime Prevention Through Environmental Design): A review of the CPTED concept as applied to the proposed project was undertaken and CPTED comments have been attached to this staff report (Exhibit "A "). The CPTED comments include Site Plan Review and Appearance Board Staff Report: Meeting of 02/27/13 Delray Beach Fairfield Inn Hotel - Class V Site Plan, Landscape Plan and Architectural Elevations Page 8 an analysis of four basic areas: 1) surveillance, 2) natural access control, 3) lighting, and 4) safety and security. Surveillance: Natural Surveillance describes the natural ability of normal users' to observe the activity of others. CPTED standards require that residents, pedestrians, and passing motorists (all normal users) are afforded the ability to observe unlawful activity while conducting routine day to day activities. Good natural surveillance dictates that most `normal users' will be able to observe illegal activity in nearby surrounding areas. Natural surveillance in the parking lot is important, especially at night. Employee stationed at the porte cochere should be able to have a direct line of sight all the way to the rear of the parking lot. Unoccupied rooms should have blinds left open and lights on. Trees should be maintained regularly as to not block light, and plant life should be below 3 ft. tall or above 6 ft. tall as to not obstruct natural surveillance. The applicant indicated that the original design of the hotel called for 128 rooms, but the parking lot included a portion that would have been hidden from direct view. It is noted that the total number of rooms has been reduced to 95, in order to reduce the amount of parking spaces needed, and ensure that the entire parking lot is now under direct line of sight from the porte cochere. In addition, the floor plan has been redesigned and the lobby has been relocated towards the east side of the ground floor, providing even better visibility of the parking lot. The CPTED comments suggest that unoccupied rooms should have blinds left open with lights on. The applicant understands that the objective of this request is to give the impression that there are eyes on the parking area. However, leaving the lights and the curtains open would make anyone at the window looking out stand out very clearly, and therefore, make it just as clear when there is no one at the window. In order to achieve the same effect of vigilance, the applicant proposes to place a camera outside the building, with an attention getting device such as a flashing light. The applicant will also install signage instructing the reader that they are being videotaped. The tactic of drawing attention to security cameras has become common place amongst some national retailers. In addition, Marriott has specific standards of landscape maintenance that will ensure that trees and landscape material are properly maintained. Care will be taken to maintain good visibility in the parking areas. Thus, the surveillance CPTED comment has been addressed. Natural Access Control: Natural Access Control involves using mechanical, organizational, or natural measures to deny access to crime targets and ensure there are no major traffic issues. Natural Access Control can involve the use of doors, gates, locks and bollards. Bollards should be included at the entrances to both the W. Atlantic Ave. side as well as around the porte cochere area. There is a 24" "stop bar" shown on the plans at the entrance to the parking lot. This "stop bar" can deter most unwanted vehicles but will not deter unwanted foot traffic from entering the lot. There should be a gate that can be closed in the evening to limit those entering and exiting to guests only. There are several types of key card systems or number pad systems that can be utilized to ensure only normal users gain access, and abnormal users are kept out. The Police Department should also be provided with access to any and all gates in case of emergency. The applicant understands that the intent of the above CPTED comment is to prevent a vehicle from crashing through the glass doors. West Atlantic Avenue is a heavily traveled road. However, there are 3 steps leading up from the exterior sidewalk to the hotel main entry, resulting in a difference in elevation of approximately 18" inches. The applicant proposes to accommodate some potted plants to provide even more Site Plan Review and Appearance Board Staff Report: Meeting of 02/27/13 Delray Beach Fairfield Inn Hotel - Class V Site Plan, Landscape Plan and Architectural Elevations Page 9 protection from the heavy traffic from West Atlantic Avenue. A gate with a key card reader will be provided which will restrict access to the parking lot only to guests and hotel employees. Lighting: Lighting strategies are important for two reasons: first they insure that the appropriate amount of illumination protects a site. Secondly, they provide quality light; characterized by minimum glare and color distortion. The photometric study indicates that lighting will provide sufficient illumination for the lot and the surrounding area. The lights used should be LED, as they provide the best light with the least amount of glare. Wire cages or industrial strength shatter resistant lenses should be placed over the light to deter vandalism and lights should be positioned to avoid glare areas and blind spots. In addition, the guest room corridors, common areas and employee work areas should be well lit to eliminate ambush points. It is also important to ensure that building features do not obstruct lighting to the entrances on the north side of the building as there are potential ambush points in that area as well. The applicant has indicated that although the code - requires a minimum illumination level of 1.0 foot - candle, the average illumination level proposed is 3.1 foot - candles. Additional light poles along SW 10th Avenue and SW 91h Avenue r -o -w are being provided. Well -lit areas such as the guest room corridors and the lobby, in combination with the walls, fences and gates that will restrict access to the parking area, the closed circuit TV cameras, and the permanent employee presence, will help make this property a location unlikely to be a target of vandalism. Safety /Security: This is historically an area where there is a large volume of calls for service. There should always be an employee in the lobby of the hotel that can observe the elevator area. This can deter most abnormal users from entering the guest room corridors. There should also be security patrolling both the interior of the hotel as well as the parking lots. A CCTV system or camera security device inside and outside the buildings and parking lots is a necessity. In the event of a crime, the cameras will aid with identification of the suspect, preventing repeat incidents. Both the interior and exterior area of the hotel will have TV cameras, some of which will be provided with attention getting devices such as a flashing light, and signage will alert the visitor to the existence of the cameras. There will be staff stationed at the front desk, in the lobby area, which will monitor visitors and the elevators. Also, the entry from the porte cochere will be the only one providing unrestricted entry during normal business hours. All other accesses to the building will only be accessible to staff or to guests with key cards. In addition, staff will be assigned specific security duties and the porte cochere entry will also be locked overnight, and will only be opened by staff for registered guests. CPTED SUMMARY REVIEW OF THE APPLICANT'S PROPOSED CHANGES: The Delray Beach Police Department recognizes and highly appreciates the applicant willingness to work with the Police Department in order to make the City of Delray Beach as safe as possible for residents and visitors alike. However, the Police Department has two distinct concerns that still remain with the proposed project: It is imperative to find a way that a percentage between 10% to 15% of the unoccupied 2nd and 3`1 floor rooms, facing the south side of the site, have their lights on, or cycled on Site Plan Review and Appearance Board Staff Report: Meeting of 02/27/13 Delray Beach Fairfield Inn Hotel - Class V Site Plan, Landscape Plan and Architectural Elevations Page 10 and off, from the hours of dusk until dawn. The intent of this is to create the appearance of natural surveillance; and 2. There needs to be some form of dedicated security to patrol both the lobby and parking lot from dusk until dawn. The concerns are, not only that during "unforeseen conditions" the proper security will not be present, but if there are only two employees present during evening hours, that guest's needs and other duties will distract employees from the security detail. A site analysis and visits undertaken by the Police Department to various hotel establishments along the 1 -95 corridor in cities similar to Delray Beach located within the Palm Beach County area revealed the following: In West Palm Beach: the following hotels • Days Inn • Homewood Suites • Red Roof Inn • Residence Inn • Embassy Suites All of the above five hotels have security - contracted out to private security companies (i.e. U.S. Security, ABM, Armor, etc.). All five hotels have seven night coverage except the Residence Inn hotel which has Friday, Saturday, Sunday security coverage. Security shifts run roughly from dusk until dawn with the earliest shift starting at 7:00 p.m. and the latest shift starting at 11:00 p.m. All security runs until 7:00 a.m. or 8:00 a.m. In Boca Raton: the following hotels • Embassy Suites • Guest Suites • Spring Hill Suites • Courtyard by Marriot • Marriot at Boca Center Three out of the above five hotels have security like the ones in West Palm Beach; security is contracted out to private vendors. Guest Suites and Courtyard by Marriot do not currently have anything other than staff members who are trained in security. They stated their night staffing levels are around 5 people for 150 rooms. Courtyard by Marriot staff stated to Officer Trapasso that over the last two years they have seen several vehicle burglaries that are not reported until guests return to their cars in the morning. With locations so close to the 1 -95 corridor, the faster the crime is reported, the easier it is for police to apprehend a suspect before they can make a quick escape. CPTED dictates that dedicated security can locate and report certain crimes faster than relying on a victim to locate and report it. The Police Department recommendation would be to mirror these hotel establishments that have some form of dedicated security during night time hours. LDR Article 4.6 - Supplemental District Reaulations: Off- Street Parking: Pursuant to LDR Section 4.6.9 (C)(7)(e), hotels shall provide 0.7 of a parking space for each guest room plus 10 spaces per 1,000 sq. ft. of floor area devoted to ballrooms, meeting rooms, Site Plan Review and Appearance Board Staff Report: Meeting of 02/27/13 Delray Beach Fairfield Inn Hotel - Class V Site Plan, Landscape Plan and Architectural Elevations Page 11 restaurants, lounges and shops. The existing four - story, 95- bedroom hotel requires sixty seven parking spaces (95 x .7 = 67 spaces), plus 11 parking spaces required for the meeting room (1,055 sq. ft. x 1011,000 =10.55 spaces) for a total of 78 parking spaces while ninety two (92) spaces are currently being provided on site including four handicap spaces. Thus, this LDR requirement has been met. A decorative 4' -5" high wall with 5-6" columns along a portion of SW gth Avenue and a T -0" high wall along a portion of SW 10th Avenue creates the sense of urbanized downtown development which is the intent of the CBD District Design Guidelines. A detail of both walls has been provided and thus this LDR requirement has been met. On Street Parking: Thirteen (13) on- street parallel parking spaces are being provided. Two parking spaces are provided along SW 10th Avenue; six spaces along West Atlantic Avenue; and five spaces along SW 9th Avenue. Although available to the general public, these spaces will help meet the shorter term parking requirements of tourist and hotel guests. 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 ten (10) compact parking spaces located within the proposed rear parking lot. This represents approximately 13% of the total required spaces, thus meeting the requirement. Handicapped Accessible Parking: Pursuant to LDR Section 4.6.9(C) (1) (b), special parking spaces designed for use by the handicapped shall be provided pursuant to the provisions of Florida Accessibility Code for Building Construction. The Florida Accessibility Code for Building Construction and Federal ADA requirements for commercial properties requires a number of parking spaces based on the number of spaces provided in a parking facility, versus the number of spaces required. In short, the code requires 1 ADA compliant space per 25 spaces up to the first 100 spaces, plus an additional space per each 50 up to 200, etc. The project will provide 92 parking spaces, thereby requiring 4 ADA compliant spaces. The site plan shows four (4) ADA parking spaces, thus meeting the code requirement. 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). A bicycle rack has been provided in close proximity to the south entrance of the hotel', and thus, this LDR requirement has been met. Lighting: A photometric plan consistent and in compliance with the requirements of LDR Section 4.6.8 has been provided for the development proposal. In addition, a detail of the type of light post which will be located along the sides and rear of the building has been provided. Sufficient spread illumination level along SW 10th Avenue and SW 9" Avenue r -o -w has been accommodated. An increased illumination level in this area for personal safety purposes and prevention of vandalism is required and has been provided. This would assist the patrolling services of the City's Police Department to safeguard the property. The applicant has indicated that although the code - requires a minimum illumination level of 1.0 foot - candle, the illumination Site Plan Review and Appearance Board Staff Report: Meeting of 02/27/13 Delray Beach Fairfield inn Hotel - Class V Site Plan, Landscape Plan and Architectural Elevations Page 12 level proposed is 3.1 foot - candles. Additional lighting poles along SW 10th Avenue and SW 9th Avenue r -o -w are being provided. Thus, this LDR requirement has been met. Bus Shelter: 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 ($ 5,500) prior to certification of the site plan, and thus, this is attached as a condition of approval. Minimum Floor Area Room: Pursuant to LDR Section 4.3.3(M)(1), each sleeping room shall contain a minimum required floor area of 325 square feet including closets and baths. All hotel rooms being proposed for the Fairfield Inn Hotel meet or exceed the 325 sq. ft. area required, and thus, this LDR requirement has been met. Floor Height: Pursuant to Section 4.4.13 (F)(1)(c), hotel /motel and all suite lodging shall have a minimum floor to ceiling height of eight feet six inches (8' -6 ") for all floors, provided that the lobby and all public rooms shall have a minimum floor height of ten feet (10'). The building elevations for the four - story building indicate that the height from finished floor to finished ceiling will be 10' -0" on the second, third and fourth floors while the ground floor will have a height of 14'. Thus, this LDR requirement has been met. 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 dumpster located on the southwest corner of the property. The proposed dumpster has been provided with swinging doors and is accessible from the rear parking lot area. A detail of the proposed dumpster enclosure has been provided, and thus, this LDR requirement has been met Plat: As the development proposal includes the integration of various lots and the dedication of right - of -way, corner clips, and easements, a plat must be processed and recorded prior to issuance of a building permit, and thus, this is attached as a condition of approval. Vehicular Stacking Distance: Staff review of the preliminary site plan indicates that a waiver LDR Section 4.6.9(D)(3)(c)(1) will be required. This LDR Section requires that the minimum stacking distance between the adjacent street right -of -way and the first parking space in a parking lot with more than fifty -one (51) parking spaces shall be fifty feet (50'). The waiver request is to reduce the required stacking distance for the SW 10th Avenue and SW 9th Avenue access driveways from the required 50' to the proposed 24'. Site Plan Review and Appearance Board Staff Report: Meeting of 02/27/13 Delray Beach Fairfield Inn Hotel - Class V Site Plan, Landscape Plan and Architectural Elevations Page 13 Wainer #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. The applicant is requesting a waiver to LDR Section 4.6.9(D)(3)(c)(1) to reduce the required stacking distance for the two parking lot access driveways from the required 50' to 11' for the western access driveway, and to 14' for the eastern access driveway. The applicant has provided the following justification for the waiver request: "....A waiver is requested to allow for a 11' stacking distance from the street driveway access on SW 10t' Avenue, and to allow for a 14' stacking distance on SW 9th Avenue, to the first parking stall from the code required 50'. The waiver is required in order to meet the parking requirements for the site, per the land development regulations, and per the Marriott standard requirements for minimum parking, to accommodate the hotel building within the property. Due to other landscape and building code requirements, it is not possible to move these parking stalls to another location on the site to meet parking needs for the hotel site. Every effort has been made to allow for the most efficient traffic flow, and we are confident this layout will not present problems because: There are 2 entry and exit points which will relieve staking at any one point, and both entries are on secondary streets. Finally, the guests will be directed to park in a gated area of the parking lot, away from the entries to the parking lot, leaving the spaces by the entries less likely to be in transition....' 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, one from SW 10th Avenue with a stacking distance of 11' and the other from SW 9th Avenue r -o -w with a stacking distance of 14', which are the two primary point of entry into the parking lot for the hotel development. This is a parking lot that will not support office or commercial space and will only be for hotel visitor's use. Although the two access driveways do have a lesser stacking distance (11' on SW 10th Avenue and 14' on SW 91h Avenue are provided) than the required 50', the tourist nature of the hotel development means that visitors will be able to use alternatively either access SW 10th Avenue or SW 9th Avenue. Hotel guests arrive and depart at different times, so they do not create rush -hour strains. Thus, the flow of traffic will be diminished proportionally to '/2 for each access driveway which diminishes by 50% the likelihood of traffic vehicles backing -up into the public right -of -way on either access driveway. A 50' stacking distance is more appropriate for suburban parking lots, 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, West 5th Condos multiple family residential development and more recently for SOFA Building #2 on SE 2th Avenue. Thus, the reduced stacking distance should not result in the creation of an unsafe situation, Further, the waiver request will not adversely affect the Site Plan Review and Appearance Board Staff Report: Meeting of 02/27/13 Delray Beach Fairfield Inn Hotel - Class V Site Plan, Landscape Plan and Architectural Elevations Page 14 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). Sidewalks: Pursuant to LDR Section 6.1.3(6), an 8' sidewalk shall be provided on the Central Business District. The applicant is requesting a waiver to allow for a reduction from the required 8' -0" wide sidewalk to a 5' -0" wide sidewalk along SW 10th Avenue and along SW 9th Avenue. Waiver #5 - 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 waiver is requested to allow the sidewalks to be 5' wide instead of the LDR required 8' wide along SW 90th Avenue and SW 9th Avenue. The existing sidewalks on these streets are 5' wide. We are proposing parallel parking along the frontage of the property, which requires some of the space that would otherwise be used for the 8' sidewalk. In some areas, the sidewalk is on private property to accommodate the parallel street parking. Increasing the sidewalks to 8' wide on private property will only reduce the landscape area and buffers associated with the project. SW 90t"' and SW 9th Avenue are secondary streets that lead into residential areas where 5' wide sidewalks are standard widths. Neither street constitutes a principal frontage of the building, which would justify the wider sidewalks in order to accommodate commercial traffic to store- fronts. We believe the waiver is needed due to these site restraints and conditions, and the requirement unnecessary due to the secondary nature of these frontages, which will not require the added pedestrian space.." 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, the very close distance to West Atlantic Avenue, as well as street section, and anticipated pedestrian traffic does warrant an 8' wide sidewalk along SW 10th Avenue and SW 9th Avenue (nearby developments to Atlantic and West Atlantic Avenue include Atlantic Grove mixed use residential office and commercial development, SOFA Building #2, Coda a 3 -story mixed -use office multiple family residential development, Worthing Place mixed use commercial and residential development and the new Gateway artistic feature which identifies the entrance to Atlantic Avenue). Main thoroughfares in the CBD (Central Business District) such as Atlantic Site Ilan Review and Appearance Board Staff Report: Meeting of 02/27/13 Delray Beach Fairfield Inn Hotel - Class V Site Plan, Landscape Plan and Architectural Elevations Page 15 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 SW 10th Avenue and SW 9th Avenue. However, a 5' wide sidewalk is not consistent with the adjacent intensity of development and anticipated volume of pedestrian traffic. The adjacent land use intensity, pattern of development, the very close distance to West Atlantic Avenue, as well as street section, and anticipated pedestrian traffic does warrant an 8' wide sidewalk along SW 10th Avenue and SW 9th Avenue. Thus, the requested waiver can only be supported under the condition that an 8' wide sidewalk for both SW 9th Avenue and SW 10th Avenue be provided from West Atlantic Avenue up -to the access driveway to the rear parking lot area; the remaining r -o -w for SW 9th and SW 10" Avenue (south of the parking lot access driveways) shall provide only a 5' wide sidewalk. Granting the requested waiver, as described by staff, will not have an adverse effect on the neighboring area, diminish the provision of public facilities for the smooth and functional pedestrian movement, and will not create and unsafe situation. Granting this waiver will not result in the granting of a special privilege. Consequently, a positive finding with respect to LDR Section 2.4.7(13)(5) can be made. 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 a street r -o -w with a length of ten (10) feet along the driveway, a length of ten (10) feet along the street 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 to the parking lot along SW 10th Avenue and SW 9th Avenue have been depicted. However, the visibility triangles for the intersections of West Atlantic Avenue r -o -w with SW 10th Avenue and SW 9th Avenue need to be depicted to comply with requirements under FDOT standards (West Atlantic is under state jurisdiction), and thus, both are attached as a condition of approval. 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 West Atlantic Avenue is 110' and only 108' of right -of -way currently exists. The ultimate r -o -w for SW 10th Avenue and SW 9th Avenue is 60' and only 50' currently exist according to the survey (no curb and no gutter is available). 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. At its meeting of July 28, 2011, the City's Development Services Management Group (DSMG), reviewed the three adjacent current rights -of -way as it relates to the proposed development and requested the following r -o -w dedication: • West Atlantic Avenue — Two feet (2') right -of -way dedication is required along Atlantic Avenue (west half of the property) to accommodate the ultimate right -of -way width of 110'. It is noted that the required right -of -way width dedication for the east half of the property fronting on Atlantic Avenue was previously provided with a re -plat of that portion of the property in the 90's. Thus, a condition of approval is attached that the required two feet (2') right-of-way dedication along Atlantic Avenue (west half of the property) be executed as part of the required plat of the property, and that the site plan, engineering plans, and landscape plan shall depict the two feet (2') right -of -way dedication. • Corner Clip — A twenty feet (20') corner clip dedication is required at the southwest corner of West Atlantic Avenue and SW 9th Ave, and the southeast corner of West Site Plan Review and Appearance Board Staff Report: Meeting of 02/27/13 Delray Beach Fairfield Inn Hotel - Class V Site Plan, Landscape Plan and Architectural Elevations Page 16 Atlantic Avenue and SW 10" Ave. Thus, a condition of approval is attached that the required twenty feet (20') corner clip dedication at the southwest corner of West Atlantic Avenue and SW 9th Avenue, and the southeast corner of West Atlantic Avenue and SW 10 #h Avenue be executed as part of the required plat of the property, and that the site plan, engineering plans, and landscape plan shall depict the 20' corner clip dedications. • SW 9th & 10th Avenues — Currently the r -o -w widths for these two Avenues are 50' respectively. It is noted that as long as the proposed improvements are consistent with the City of Delray Beach typical cross section for a 50' r -o -w, no additional dedication will be required. • Alleys — An abandonment of the east/west alley and north /south alley, behind the hotel building has been submitted. These areas will be incorporated in the final plat for this project. Further, any easements for utilities will also be addressed during the related plat process. Underaroundina 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 needs to be placed on the site plan, and thus, this is attached as a condition of approval. Auxiliary Power Generator: Per LDR Section 4.3.3(00), the hotel is required to provide an auxiliary power generator for all interior corridor lighting and exit signs and at least one public elevator. The generator needs to be designed and equipped to operate the full capacity of the equipment being served for a period not less than 120 hours with the corresponding fuel supply and a note to this effect shall be located on the site plan. Thus, this is attached as a condition of approval.. The site plan does depict the location of the emergency generator on the northwest side of the building. 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 (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 north elevation for the Delray Beach Fairfield Inn Hotel does not meet this LDR requirement, and thus, the applicant has requested a waiver to reduce the minimum transparency or glass surface along West Atlantic Avenue from the required 75% to the proposed 25 %; for SW 101h Avenue from the required 75% to proposed 4 %, and for SW 91h Avenue from the required 75% to the proposed 4% Waiver #6 - Analysis: Site Plan Review and Appearance Board Staff Report: Meeting of 02/27/13 Delray Beach Fairfield Inn Hotel - Class V Site Plan, Landscape Plan and Architectural Elevations Page 17 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 waiver request is to reduce the minimum transparency or glass surface along West Atlantic Avenue, SW 90th Avenue, and SW 9th Avenue from the required 75% to the proposed 40 %. While 75% transparency on commercial spaces, such as retail or office space, may be desirable, our building is a hotel in a residential code requirement. Since the first floor is mostly hotel rooms, it is not possible to meet the 75% glass surface criteria as the hotel guests have the same expectation of privacy than they would in a home, and it would not be appropriate to have the same level of exposure you would in a work -space found in a typical commercial establishment..... " A 75% minimum transparency or glass surface area is required along the east elevation (SW 9th Avenue), the west elevation (SW 10th Avenue) and the north elevation (West Atlantic Avenue) of the proposed hotel building. The function and use of the building in the ground floor level includes a typical provision of eight hotel rooms on the ground floor, the lobby area, breakfast area, a meeting room, exercise room, general service room, and the elevators which are all accessory areas associated with the proposed hotel development. Marriot Corporation appears to have very specific hotel room layouts and standard ratios that combine square footage per floor to total number of room per floor. These standards appear to be the result of minimizing both the cost and the use of space (square footage) to achieve an efficient operation of hotel rooms while maximizing net profit on hotel operation and the rate of return on capital investment. A 75% transparency level for commercial, retail, and office uses on the ground floor may be desirable but to use the same criteria for hotel developments with rooms located on the ground floor may result unfeasible. A hotel room can be considered a temporary or transitional residential unit and as such requires, in terms of visual transparency, a similar level of privacy as a home does. Complying with the 75% transparency area required by the LDR along the ground floor east, west, and north 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 along a ground floor hotel room layout for two reasons: one because it is illegal and two it is inappropriate. The percentage of surface transparency area proposed is consistent with the use and the design of the proposed hotel building. The ground floor lobby area will feature a large impact resistant front -door system to provide entrance to the hotel along the north elevation, and the rest of the east and west elevations will feature the typical windows required for hotel rooms that provide illumination to the interior space. The requirements for glazing transparency and minimum light transmission reductions are customarily associated with commercial, office, and retail uses and not hotel developments that resemble the characteristics of a residential use when it comes to privacy. Site Plan Review and Appearance Board Staff Report: Meeting of 02/27/13 Delray Beach Fairfield Inn Hotel - Class V Site Plan, Landscape Plan and Architectural Elevations Page 18 The main purpose of the LDR requirement is to maintain a pedestrian friendly streetscape with a retail /office environment which is not consistent with a hotel use with ground floor guest rooms. The building minimum transparency or glass surface proposed along West Atlantic Avenue is 25 %; for SW 10th Avenue is 4 %, and for SW 9th Avenue is 4 %. 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 for a hotel development with guest room located on the ground floor, and thus, the requested waiver should be supported. Prior approvals for similar waiver requests have been granted to Chase Bank located at 1010 North Federal Highway, to the SOFA Building # 2 located on SE 2 "d Avenue, 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(6)(5) can be made. OTHER ITEMS: Paranets and AnDurtenances: Pursuant to LDR Section 4.3.14(J)(3)(b), appurtenances usually required to be placed above the roof level of a building and not intended for human occupancy may be allowed to extend above the height limitations of 48' required in the CBD (Central Business District) but only when specifically approved by action of the Site Plan Review and Appearance Board (SPRAB). Pursuant to LDR Section 4.6.18(13)(14)(i)3), flat roofs shall be screened from adjacent properties and streets with decorative parapets. The maximum height of the parapet wall shall be 6 feet or be of sufficient height to screen all roof mounted equipment, whichever is greater, measured from the top of the roof deck to the top of the parapet wall. The parapet on the center portion of the hotel building (north elevation) appears to be 12 feet 6 inches high, and thus, the proposed building may not comply with the maximum height of 48' required within the Central Business District (CBD). However, the applicant has indicated that the function of the higher areas at the center portion of the building (including the proposed decorative trellis) have two purposes: 1) to hide screened, and cover mechanical equipment which will be strategically located behind these areas; and 2) the proposed trellis and higher elements are iconic to the Fairfield Hotel brand. Thus, this portion of the building which has a height of 56' is not intended for human occupancy and maybe considered an "appurtenance ". In order to justify this height, a condition of approval is attached that details of the equipment are provided and watermarked on the building elevations. LANDSCAPE PLAN ANALYSIS A minimum of 10% non - vehicular open space shall be provided for all development in this section of the Central Business District. The site plan data indicates that 26% has been provided by the proposed project. Pursuant to LDR Section 4.6.16, a landscape plan has been submitted and reviewed by the City's Senior Landscape Planner. 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 and decorative pavers are some of the common elements that add character to the proposed development. In addition, the pool deck landscape treatment is a focal point on the south side of the building. Based on the above analysis, the Landscape Plan complies with LDR Section 4.6.16, provided the technical items listed below are addressed. Site Plan Review and Appearance Board Staff Report: Meeting of 02/27/13 Delray Beach Fairfield Inn Hotel - Class V Site Plan, Landscape Plan and Architectural Elevations Page 19 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: The Landscape Plan and the Tree Inventory Plan are both lacking the scale used and the north arrow. Show on plans. This comment has not been addressed. The scaled designated on the landscape plans is not a recognizable scale. Use the same scale used for the Site Plan (1 "=30). Enlargements may be included on separate sheets to make the plans more legible. 2. Per LDR 4.6.16(H)(4), the building shall have foundation trees spaced so that their canopies will be touching at maturity. Size specifications are to adhere to the chart listed within this regulation but are required to be a minimum of sixteen feet (16') in height for canopy trees and twenty -five feet (25') for palms. This foundation landscaping requirement applies to the east, west and north sides of the building. Currently, very little foundation landscaping is provided on the Planting Plans. It is strongly suggested to use large Palms along Atlantic Avenue so that the existing Live Oaks will not conflict with the canopies. Revise plans and update plant list. This comment has not been addressed. The size specifications called out on the plans do not meet the size requirements listed in the chart (see comment above). Furthermore, additional trees can easily be added in front of the pergola as well as at the northeast and northwest corners of the building. Make sure to call out for "Matching Trunk Heights" in your specifications to guarantee matching palms. Specify the amount of Grey Wood (GIN) desired for palms. 3. In conjunction with the above comment, multi - layered landscaping with shrubs and groundcovers are to be used below the foundation trees. The landscape beds should have an informal shape, jutting in and out, to provide additional interest. This will dramatically decrease the amount of lawn area and increase the number of plants. The incorporation of some of the same plants used in the adjacent median will help tie in the streetscape and provide a base palette for future development along this corridor. Use Aechmea blanchetiana 'Orange' in medium sized groupings to highlight the architecture of the building. Use small flowering accent trees such as Desert Cassia (Senna polyphylla) and Jatropha standards as understory trees. Incorporate plants that will work together to create a nice blend from the entire color spectrum. This comment has not been addressed. Variegated Ginger grows into a large plant and should be used against the building, not right up against the sidewalk. It will eventually overtake the Cocoplum and will most likely choke it out. Locate the Ginger against the building wall and use a small groundcover in front of the Ginger that will do well in part shade. Begonia `Joe Hayden' or various types of Neoregelia Bromeliads will do well and offer color. Use flowering accents such as Desert Cassia as understory plantings below the Montgomery and Royal Palms. 4. Per LDR 4.6.16(H)(3)(i), landscape islands are required to have a minimum width of nine feet (9'), exclusive of curbing with a minimum planting area of one hundred and thirty - five square feet (135 SF). These islands are also required to contain one (1) shade tree Site Plan Review and Appearance Board Staff Report: Meeting of 02/27/13 Delray Beach Fairfield Inn Hotel - Class V Site Plan, Landscape Plan and Architectural Elevations Page 20 that is at least sixteen feet (16') in height. Green Buttonwood is not considered a shade tree. Examples of shade trees include Live Oak, Gumbo Limbo, Japanese Fern Tree, etc. Revise all plans and adjust planting plan as needed. This comment has not been addressed. Palms are not permitted in landscape islands (see comment above). Switch the proposed Foxtails palms at the islands located at both entranceways off of SW 9th and 10th Avenues to Live Oaks. 5. The Landscape Plans call out for the overhead electric lines to be buried or relocated. A decision has to be made as this will affect the type of species used adjacent to these wires. Update plans and if relocated, show new location. This comment has not been addressed. The Utility Plans do not call out for the O/H lines along the alley to be buried or relocated. Coordinate with Engineer to have these lines buried so that the required parking lot shade trees may be installed. 6. Per LDR 4.6.16(5)(a)(2), Driveway Islands are required on each side of the driveway apron leading into the property. The islands are required to be a minimum of eight feet (8') in length with one (1) accent tree or palm and associated understory plantings. The islands must also be curbed with type 'F' curbing. In keeping with consistency along Atlantic Avenue, specify Montgomery Palm as the palm of choice with Green Island Ficus as the understory plantings. The specifications for the Palm shall match those used on Atlantic Avenue. Green Island Ficus shall be three gallon. This comment has not been addressed. Driveway islands are to be located within the Right -of -Way, adjacent to the driveway apron and the edge of pavement. Revise all plans to show these required islands, making sure they meet the requirements specified in the in the above regulation. 7. Per LDR 4.6.16(H)(3)(e), one (1) tree shall be placed every twenty -five feet (25') within the perimeter landscape buffers. Additional trees will have to be added to the buffers. This comment has not been addressed. The distance cannot be measured due to the scale that was used. 8. Per LDR 4.6.16(H)(3)(h), a group of palms or a shade tree shall be planted for every 125 square feet of required interior landscaping. This applies to the landscape strip between the two parking tiers. Currently, there are no trees proposed. This is unacceptable. In keeping with the shade tree theme, use Live Oaks. This comment has not been addressed. Gumbo Limbos have suffered greatly from the whitefly epidemic. Switch to Live Oaks, 9. Fakahatchee grass is not an ideal plant for landscape islands as it gets too big for the area provided and offers no color. However, it can be used in the dry retention areas provided on the site. See comment #19. This comment has not been addressed. Green Buttonwood is not a good landscape island shrub as it will get too big for the space and will create sight obstructions. Per LDR 4.6.16(H)(3)(i)(2), small shrubs are to be used at the back of the island with groundcovers in the nose. Revise plans_ Site Plan Review and Appearance Board Staff Report: Meeting of 02/27/13 Delray Beach Fairfield Inn Hotel - Class V Site Plan, Landscape Plan and Architectural Elevations Page 21 10. The two (2) proposed dry retention areas provided can be creatively designed so that it has the looks and feel of a natural Florida wetland, even though it will only be wet a handful of times throughout the year. Ideally, the existing Sabal Palms should be grouped together. The proposed Fakahatchee grass or other Florida natives can be used as understory plantings below the Sabal Palms. The groupings of Sabal Palms can then be interplanted with Live Oaks, Gumbo Limbo, Satin Leaf or other native trees that will add a nice diversity to the mix. This comment has not been addressed. A better mix can be used. Think about adding additional natives such as Satin leaf, Wild Coffee and Simpson Stopper. A small hedge should be used to line the edge of pavement along the north side of the dry retention area. 11. Per LDR 4.6.16(H)(4)(o), all mechanical equipment and refuse areas are required to be screened with plant material sized according to the height of the item to be screened. In most cases, this height will be equal to half of the overall height of the item to be screened. However the minimum height is at least five feet (5') planted. Adjust plans and specifications. This comment has not been addressed. The generator on the west side of the building is not being properly screened. Change specifications and possibly plant species so that the screening requirements are met. 12. The below link is the updated landscape code in case the consultant needs to refer to it: http: / /mydeiraybeach. coml sites /default/ files/ assets / departments /community %20improve ment /Landscape %20 Reg ulations.pdf 13. Overall, this plan provides the bare essential and lacks the creativity that fits our City appearance. I would be more than happy to collaborate with the Landscape Architect to come up with a design that the applicant and the City will be happy with. See additional comments below. The following comments have been -generated during this review of the landscape plan res a hm ittPd The graphical nature of this project is such that the symbols are very difficult to read. Try using different line weights so that plan is more legible. It would also help to label all trees instead of using a chart. This would help to alleviate the guesswork during the review and the inspection process. Again, enlargement sheets may also be included to help with legibility. 2. There seems to be an error in the plant chart. One of the botanical names calls out for Filicium decipiens while the common name is called out as Jatropha. These are two completely different species. Correct all errors on plans. 3. Locate all proposed light poles on plans, Coordinate with Engineer to move light poles so that they will not conflict with tree canopies as they mature. 4. Cordia sebestana is a very sensitive tree and may not be ideal for this location. It would be recommended to use a hardier species such as Silver Buttonwood standards. Site Plan Review and Appearance Board Staff Report: Meeting of 02/27/13 Delray Beach Fairfield Inn Hotel - Class V Site Plan, Landscape Plan and Architectural Elevations Page 22 Interplanting with larger palms such as Foxtalls or Royals would provide a very appealing look and help to soften the building mass from the parking lot. ARCHITECTURAL ELEVATIONS ANALYSIS LDR Section 4.6.18(E) - Criteria for Board Action: The following criteria shall be considered, by the Site Plan Review and Appearance Board (SPRAB), in the review of plans for building permits. If the following criteria are not met, the application shall be disapproved: 1. The plan or the proposed structure is in conformity with good taste, good design, and in general contributes to the image of the City as a place of beauty, spaciousness, harmony, taste, fitness, broad vistas, and high quality. 2. The proposed structure, or project, is in its exterior design and appearance of quality such as not to cause the nature of the local environment or evolving environment to materially depreciate in appearance and value. 3. The proposed structure, or project, is in harmony with the proposed developments in the general area, with the Comprehensive Plan, and with the supplemental criteria which may be set forth for the Board from time to time. The design of the proposed hotel development is an interpretation of a modern contemporary style of architecture and includes design elements such as decorative metal aluminum trellis, to screened mechanical equipment located in a non - habitable space in the rooftop of the building, impact resistant windows with silver aluminum frames, poured concrete parapet wall cap, stucco control joints, smooth stucco finish, CMU masonry walls, stucco siding on concrete and CMU wall, light texture stucco finish on CMU wall for certain portions of the building, curved aluminum trim over the porte cochere entrance to the hotel on the south side of the building, 6" steel columns that support the curved aluminum trim, horizontal scored stucco lines, 42" high paint grade welded aluminum picket fence, and vertical support element for the curved trim decorated with cultured stone veneer. The various flat roof lines are well articulated by stepping back as much as 15' -0" from the front facade of the building and alternated with poured concrete parapets at different height intervals. This contributes to a reduction in the perception of mass, provides a variation in design and adds a visual interest to the elevations. In addition to the step backs and offsets provided, the architectural elevations of the structure also incorporate diversity in colors such as beige, white, clay color and a light brown color. The proposed hotel building includes the parking area on the ground floor, to the rear (south side) of the building with two ingress /egress driveways for the parking lot located one on the east side building from SW 9th Avenue and one from the west side from SW 10th Avenue r-o -w. The rhythm and proportionality of the architectural treatments creates an appealing presentation and visual interest along the four architectural elevations of the proposed hotel, The proposed hotel is a well- conceived building and a good quality architectural design product that will be in harmony with other developments in the area. The proposed Delray Beach Fairfield Inn Hotel will enhance the image of the City of Delray Beach and will not cause the nature of the environment to depreciate in appearance or value but rather, will be a true asset. Based upon the above, positive finding can be made with respect to LDR Section 4.6.18(E). REQUIRED FINDINGS 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 Site Plan Review and Appearance Board Staff Report: Meeting of 02/27/13 Delray Beach Fairfield Inn Hotel - Class V Site Plan, Landscape Plan and Architectural Elevations Page 23 body which has the authority to approve or deny the development application. These findings relate to the following areas: 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 Central Business District (CBD), which are consistent with one another. Pursuant to LDR Section 4.4.13(D)(16), hotels, motels, and residential -type inns on property located within the West Atlantic Neighborhood are permitted through the conditional use approval process, thus, positive findings can be made with respect to FLUM consistency. LDR Section 3.1.1(13) - 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 hotel development. The development will be complimentary with the surrounding residential and commercial developments in the area 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. The guests of the hotel will provide a unique tourist customer base for the surrounding businesses. These guests will provide economic stability for businesses in the area, particularly with respect to the restaurant and entertainment sectors. 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. A bicycle parking facility has been provided in close proximity to the main entrance to the hotel, and thus, this LDR requirement has been met. Site Plan Review and Appearance Board Staff Report: Meeting of 02/27/13 Delray Beach Fairfield Inn Hotel - Class V Site Plan, Landscape Plan and Architectural Elevations Page 24 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 development proposal will provide a total of 95 additional hotel rooms within the downtown area. The tourist guests of this hotel will be able to walk to shops, restaurants, cultural areas and parks. They will interact with storekeepers and restaurant's employees, and their neighbors. They will play a major role as participants, in and contributors to, the downtown area business community. The Delray Beach Fairfield Inn Hotel development proposal is consistent with Future Land Use Element Objective C -3 and Policy C -3.2 as it will facilitate the continued rehabilitation and dynamic revitalization of the CBD zoning district. The Southwest Area Neighborhood Redevelopment Plan: The Southwest Area Neighborhood Redevelopment Plan was part of an effort by community leaders and the City of Delray Beach to revitalize the City's neighborhoods and commercial districts. The plan seeks to identify the assets that will move the Southwest neighborhoods towards stability and stimulate private sector investment in the area. The area of the Southwest Neighborhood Redevelopment Plan is bounded by West Atlantic Avenue at the north. The western limit is Interstate 95 and the eastern limit is Swinton Boulevard. The southern limit roughly corresponds with SW 10th Street and begins at the intersection of 1 -95 and W 10th Street. The plan highlights in its key findings the following issues: The needed effort to redevelop the West Atlantic Avenue business district in order to improve existing economic conditions and overall livability conditions in the adjacent neighborhoods; 2. A substantial number of vacant parcels exist in the study area, including several properties owned by the CRA creating opportunities for infill re- development; 3. The proximity of the area to the downtown business district, major transit corridors, and the beach are extremely positive factors as a potential to attract economic investment. Creating a proper transition between the intense commercial activity proposed for West Atlantic Avenue and the surrounding residential neighborhoods is extremely important; Site Plan Review and Appearance Board Staff Report: Meeting of 52/27/13 Delray Beach Fairfield Inn Hotel - Class V Site Plan, Landscape Plan and Architectural Elevations Page 25 The proposed used of this site as a home for the future Delray Beach Fairfield Inn Hotel development along West Atlantic Avenue responds to the key findings of the redevelopment plan because: It will Improve the existing economic conditions and overall livability conditions in the adjacent southwest area neighborhoods; 2. It will stimulate the demand for further economic commercial and retail investment creating more opportunities for infill re- development; 3. All lots contained in the subject property are owned by the CRA which is taking the initiative in creating an opportunity for infill re- development; 4. The proposed accessory parking use located to the rear of the hotel will create the proper transition between the intense commercial activity proposed for West Atlantic Avenue and the surrounding residential neighborhoods of the southwest area. The subject property (which contains all lots owned by the CRA), is located within what is known as the Northwest Quadrant of the Southwest Area Neighborhood Redevelopment Plan. The northwest Quadrant is bounded by Atlantic Avenue on the north, SW 3rd Street on the south, Interstate 95 on the west and SW 8th Avenue on the east. The plan for this area calls for substantial redevelopment of property north of SW 2nd Street to include neighborhood- oriented retail and office uses, multi - family apartment buildings and a mix of courtyard apartments, townhomes development. Traditional features of town design, such as buildings at the street line, parking areas at the rear of the structures, and prominent public spaces, are introduced in the plan to enhance neighborhood character and help create a sense of place. The hotel building will be located in close proximity to West Atlantic Avenue and the hotel parking will be located to the rear of the hotel structure which will generate a vibrant pedestrian flow along the West Atlantic Avenue corridor. The hotel will be a transitional use into the residential areas located to the south of the subject property. in addition, a hotel development at this location will enhance the southwest neighborhood character and help create a sense of place. It will also generate stability and sustainability by the creation of new jobs and stimulation of the private sector investment in retail and commercial activity along the West Atlantic Avenue Corridor. All of the above arguments indicate that the proposed Delray Beach Fairfield inn Hotel is in compliance with the goals, findings, and recommendations of the Southwest Area Neighborhood Redevelopment Plan. Future Land Use Element Obiective 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: 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, Site Plan Review and Appearance Board Staff Report: Meeting of 02/27/13 Delray Beach Fairfield Inn Hotel - Class V Site Plan, Landscape Plan and Architectural Elevations Page 26 ❑ 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 95 hotel rooms within the downtown area. The tourist and visitors of the proposed Fairfield Inn Hotel will be able to walk to shops, restaurants, cultural areas and parks. They will interact on a regular basis with storekeepers and employees. They will get to know the downtown area intimately and interact with Delray residents. They will play a major role as participants and contributors to, the downtown area community. The Fairfield Inn Hotel 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. LDR Section 2.4.6(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: 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 hotel development. The proposed hotel development will be compatible with the uses that prevail in the neighborhood, will not hinder development or redevelopment of nearby properties, and will not have a detrimental effect upon the stability of the neighborhood. The tourists and hotel guests associated with the proposed hotel will help to improve the stability of the area by increasing the number of "eyes on the street" in the neighborhood. The hotel development will improve the stability of the area by creating new jobs, and opportunities for new commercial investment in the West Atlantic Neighborhood. The development activity that will be generated by the hotel development should have a positive effect on redevelopment of neighboring properties. By adding to the downtown customer base, the new type of hotel development will also help to encourage a variety of local services and a more balanced mix of Zonin. -g Use: Food Market Convenience Store & West North Central Business District (CBD) Atlantic Avenue r -o -w Partly Central Business District Two Single Family Homes, one on the most South (CBD) & partly Multiple Family southwestern side and one on the most Residential (RM) southeastern side of the subject property Vacant Land owned by the CRA (Community East Central Business District (CBD) Redevelopment Agency) West Central Business District (CBD) Vacant Land privately owned 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 hotel development. The proposed hotel development will be compatible with the uses that prevail in the neighborhood, will not hinder development or redevelopment of nearby properties, and will not have a detrimental effect upon the stability of the neighborhood. The tourists and hotel guests associated with the proposed hotel will help to improve the stability of the area by increasing the number of "eyes on the street" in the neighborhood. The hotel development will improve the stability of the area by creating new jobs, and opportunities for new commercial investment in the West Atlantic Neighborhood. The development activity that will be generated by the hotel development should have a positive effect on redevelopment of neighboring properties. By adding to the downtown customer base, the new type of hotel development will also help to encourage a variety of local services and a more balanced mix of Site Plan Review and Appearance Board Staff Report: Meeting of 02/27/13 Delray Beach Fairfield Inn Hotel - Class V Site Plan, Landscape Plan and Architectural Elevations Page 27 retail in the West Atlantic Corridor. Based upon the above, positive findings can be made with respect to LDR Section 2.4.5(F)(5) that the proposed hotel 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 depreciation of existing property values. REVIEW BY OTHERS Downtown Development Authority: The Downtown Development Authority (DDA) reviewed the development proposal at its meeting of December 10, 2012. The Board recommended approval of the Conditional Use and Class V site plan request for the Delray Beach Fairfield Inn Hotel. The West Atlantic Avenue Review Committee: The West Atlantic Avenue Review Committee reviewed the development proposal at its meeting of December 12, 2012. The Committee recommended approval of the Conditional Use and Class V site plan request for the Delray Beach Fairfield Inn Hotel. Community Redevelopment Agency: At its meeting of December 13, 2012, the consensus of the Community Redevelopment Agency (CRA) was to recommend approval of the Conditional Use and Class V site plan application request to allow the Delray Beach Fairfield Inn Hotel to be located within the West Atlantic Area Central Business District. Courtesy Notices: Courtesy notices have been sent to the following homeowner's and/or civic associations: ❑ Neighborhood Advisory Council ❑ Delray Citizen's Coalition ❑ Gateway ❑ Lincoln Park ❑ Atlantic Park Garden 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. ASSESSMENT AND CONCLUSION Pursuant to LDR Section 4.4.13(D)(16), hotels, motels, and residential -type inns on property located within the West Atlantic Neighborhood are allowed as conditional uses within the Central Business District (CBD). The City Commission at its meeting of January 3, 2013, approved a conditional use to allow the establishment of the Delray Beach Fairfield Inn Hotel, within the Central Business District (CBD) and the West Atlantic Neighborhood. Site Plan Review and Appearance Board Staff Report: Meeting of 02/27/13 Delray Beach Fairfield Inn Hotel - Class V Site Plan, Landscape Plan and Architectural Elevations Page 28 The proposed 95 -room hotel development will be located on the south side of West Atlantic Avenue, between SW loth Avenue and SW 9th Avenue. The proposed development includes a 92 -space parking lot located towards the rear of the building plus the installation of 13 parallel parking spaces; two (2) spaces along SW loth Avenue, six (6) spaces along West Atlantic Avenue; and five (5) spaces along SW 9th Avenue. The hotel will include the installation of amenities such as an out -door pool and pool deck, a fitness room, printing and computer facility area, guests breakfast area, guests laundry room area, and a meeting room, all located on the ground floor of the building. Based on the analysis of the site plan submitted, staff has identified seven (7) waivers associated with the proposed Delray Beach Fairfield Inn Hotel development. All seven waivers have been analyzed in this staff report with a recommendation of approval to the City Commission. The provision of a hotel development 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 Land Development Regulations. 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. ALTERNATIVE ACTIONS A. Move postponement of the waiver requests, Class V site plan, landscape plan and architectural elevations for the Delray Beach Fairfield Inn Hotel, by electing to continue with direction. B. Move approval of the waiver requests, Class V site plan, landscape plan and architectural elevations for the Delray Beach Fairfield Inn Hotel, 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(13)(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 the Delray Beach Fairfield Inn Hotel, 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 2.4.50=), 2.4.7(B)(5), (waivers requests) and Chapter 3 of the Land Development Regulations. (Motion to be made in the affirmative) STAFF RECOMMENDATION By Separate Motions: Waiver Reauests: Waiver #1: Move a recommendation of approval to the City Commission of the waiver request to LDR Section 4.4.13(F)(4)(b)(1), to allow along West Atlantic Avenue for a height from finished grade to 37' feet', a decrease in the required building frontage setback at 10' maximum from the required 196' to the proposed 181', 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(8)(5). Waiver #2: Move a recommendation of approval to the City Commission of the waiver request to LDR Sections 4.4.13(F)(4)(c) (1), along SW 9th Avenue for a height from finished grade to 25' feet', to Site Plan Review and Appearance Board Staff Report: Meeting of 02/27/13 Delray Beach Fairrield Inn Hotel - Class V Site Plan, Landscape Plan and Architectural Elevations Page 29 allow a decrease in the required building frontage setback at 10' max. from the required 256' 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). Waiver #3: Move a recommendation of approval to the City Commission of the waiver request to LDR Sections 4.4.13(F)(4)(c) (1), along SW 10th Avenue for a height from finished grade to 25' feet', to allow a decrease in the required building frontage setback at 10' maximum from the required 112' 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 #4: 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 parking lot access driveways from the required 50' to 11' for the western access driveway, and to 14' for the eastern access driveway, 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 #5: Move a recommendation of approval to the City Commission of the waiver request to LDR Section 6.13(13)(1)(f), to reduce the required width of the sidewalk in the Central Business District along SW 10th Avenue and SW 9th Avenue from the required 8' -0" to the proposed 5-0" with the condition that an 8' wide sidewalk for both SW 9th Avenue and SW 10th Avenue shall be provided up -to the access driveway to the rear parking lot area, 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(13)(5). Waiver #6: Move a recommendation of approval to the City Commission of the waiver request to LDR Section 4.6.18(13)(14)(iv)(2), to reduce the minimum transparency or glass surface along West Atlantic Avenue from the required 75% to the proposed 25 %, along SW 10th Avenue from the required 75% to the proposed 4 %, and along SW 9th Avenue from the required 75% to the proposed 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). Class V Site Plan: Move approval of the Class V site plan for the Delray Beach Fairfield Inn Hotel, 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) 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�re report; 2. That the applicant shall posts signs within the hotel parking lot directing the outgoing West Bound traffic (towards 1 -95) to use the SW 10th Avenue access; 3. That pursuant to LDR Section 5.3.2(C), whenever a development is proposed upon land which is not designated for park purposes in the Comprehensive Plan, an impact fee of $500.00 per dwelling unit (including hotel rooms) will be collected. Thus, an impact fee of $47,500 will be required of this development prior to issuance of a building permit. Site Plan Review and Appearance Board Staff Report: Meeting of 02/27/13 Delray Beach Fairfield Inn Hotel - Class V Site Plan, Landscape Plan and Architectural Elevations Page 30 4. 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; 5. That the site plan shall depict the location of the emergency generator and associated fuel supply. The emergency generator needs to be designed and equipped to operate at full capacity for the equipment being served for a period not less than 120 hours and a note to this effect shall be placed on the site plan; 6. That in order to continue to provide a uniform sidewalk system in the CBD District standard paver blocks are installed along the proposed sidewalks on SW 10th Avenue and SW 9th Avenue and that a note to this effect shall be included on the site plan; 7. That the visibility triangles for the intersections of West Atlantic Avenue r -o -w with SW 10th Avenue and SW 9th Avenue be depicted to comply with requirements under FDOT standards (West Atlantic is under state jurisdiction); 8. That a plat is processed and recorded prior to issuance of a building permit and that the plat includes; 9. That the required two feet (2') right -of -way dedication along West Atlantic Avenue (west half of the property) be executed as part of the required plat of the property, and that the site plan, engineering plans, and landscape plan shall depict the two feet (2') right -of -way dedication; 10. That the required twenty feet (20') corner clip dedication at the southwest corner of West Atlantic Avenue and SW 9th Avenue, and the southeast corner of West Atlantic Avenue and SW 10t" Avenue be executed as part of the required plat of the property, and that the site plan, engineering plans, and landscape plan shall depict the 20' corner clip dedications; 11. That the abandonment of the east /west alley and north /south alley, behind the hotel building be incorporated in the final plat for this project and that any easements for utilities be addressed as part of the related plat process. 12. That signs be posted within the hotel parking lot directing the outgoing West Bound traffic (towards 1 -95) to use the SW 10th Avenue access, and a note to this affect be placed on the site plan; 13. That pursuant to LDR Section 6.1.8, utility facilities serving the development be located underground throughout the development. A note to this effect needs to be placed on the site plan; 14. That details of the mechanical equipment that will be placed on the roof -top portion of the building which has a height of 56' are watermarked on the building elevations; 15. That a gate with a key card reader which will restrict access to the parking lot only to guests and hotel employees be provided. A note to this effect must be included on the site plan; 16. That a dedicated security employee be provided from 7:00 p.m. to 7:00 a.m. seven days a week to patrol both the lobby and parking lot from dusk until dawn during the first five years of operation of the hotel. After the fifth year of operation the applicant Site Plan Review and Appearance Board Staff Report: Meeting of 02/27/13 Delray Beach Fairfield Inn Hotel - Class V Site Plan, Landscape Plan and Architectural Elevations Page 31 will contact the Police Department to have a CPTED practitioner reassess the dedicated security patrol, hotel safety conditions and calls for service in the area to determine if a dedicated security employee is still needed. This re- evaluation will take place on a yearly basis. A note to this effect must be provided on the site plan; 17. That a camera be place outside the building on the ground floor, with an attention getting device such as a flashing light and that signage instructing the reader that they are being videotaped are installed. A note to this effect must be included on the site plan; 18. It is recommended the lights used be LED, as they provide the best light with the least amount of glare. Wire cages or industrial strength shatter resistant lenses be placed over the light to deter vandalism. A note to this effect must be included on the site plan; and 19. That a CCTV system or camera security device inside and outside the building and parking lot shall be provided. In the event of a crime, the cameras will aid with identification of the suspect, preventing repeat incidents. A note to this effect must be included on the site plan. Landscape Plan. Move approval of the landscape plan for the Defray Beach Fairfield Inn Hotel, 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 the Delray Beach Fairfield Inn Hotel, 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 T",- Appendix "C",, Site Plan; Landscape Plan and Architectural Elevations. Staff Report Prepared by: Estelio Breto, Senior Planner APPENDIX "A" 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: CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. Drainage: Preliminary engineering and drainage plans have been submitted with the proposed development. Drainage will be accommodated via floor drains on the ground floor of the parking lot area which 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 prior to issuance of a building permit. Based upon the above, positive findings with respect to this level of service standard can be made. Parks and Open Space: The 95 -room hotel 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(C), Impact Fee Required, whenever a development is proposed upon land which is not designated for park purposes in the Comprehensive Plan, an impact fee of $500.00 per dwelling unit (including hotel rooms) will be collected prior to issuance of building permits for each unit. Thus, an impact fee of $47,500 will be required of this development. Solid Waste: Trash generated each year by the 44,808 sq. ft. hotel, will equate to 105.29 tons per year (44,808 sq. ft. x 4.7 = 210,59812,000 = 105.29 tons per year). 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 was established in December, 1995 to aid in the revitalization of downtown, with a purpose of reducing the adverse impacts of transportation concurrency requirements on urban infill development and redevelopment. These revitalization efforts are achieved by exempting development within the TCEA from the requirements of traffic concurrency. Thus, 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 762 Average Daily Trips with 58 AM peak hour trips and 60 PM peak hour trips to the roadway network. Therefore, a positive finding can be made with respect to traffic concurrency. Water and Sewer: Water service is available via connection to an 8" water main located on the south side of West Atlantic Avenue, to a second 8" water main located along SW 10th Avenue and to a third water main located along SW 9th Avenue r -o -w. Two (2) fire hydrants presently exist along West Atlantic Avenue: one at the northeast side of the subject property and a second one at the northwest corner of West Atlantic Avenue and SW 10th Avenue r -o -w. A third fire hydrant is located on the east side of SW 9th Avenue r -o -w. Sewer service is available via Site Plan Review and Appearance Board Staff Report: Meeting of 02/27/13 Delray Beach Fairfield Inn Hotel - Class V Site Plan, Landscape Plan and Architectural Elevations Page 33 connection to an 8" sewer main located along SW 10th Avenue and a second 8" sewer main located along SW 91h Avenue r -o -w. 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: School concurrency findings do not apply for non - residential uses. 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Ell El- EJ E3 E3 ISO El El El j f3 El Ell B El El El El El El 1-1 : R R E El A El El E3 E3 El El El D B E] E] B' El El 13 i 1111LIULUMII� LIR1111111LI i2p!jol=l peaq Aejle(] a 0 vbO wese Amiga J040 juawdolaA*(] OAV 0!jUIRjj1f JSGAA < ¢ C) 0 CV) 110111un Ae > M z w se in v uul 8I i3 w C) H '64 N 9 V�r p I Re 6, 1 t t N d i H i N W. k efl'.: �J ep!aol=l 4oeag Aealao 0 3 n d ya3 14-89 eag Auilao ;o 4o w r c ` O p o r ua p a let llol eyy tg W o m to ,II Ali_ cT 11= il= I s I�C i IM !r 1 in TE I I IT `II MEMORANDUM TO: Mayor and City Commissioners FROM: Scott Pape, AICP, FCP, Senior Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: March 12, 2013 SUBJECT: AGENDA ITEM 10.D. - REGULAR COMMISSION MEETING OF MARCH 19, 2013 CONDITIONAL USE REQUEST/ DELRAY MEDICAL CENTER ITEM BEFORE COMMISSION The action requested of the City Commission is consideration of a conditional use request to increase the building height to a maximum of 60 feet for the Delray Medical Center located at the southwest corner of Military Trail and Linton Boulevard (5270 Linton Boulevard). BACKGROUND The subject property is an unplatted parcel of land located in Township 46 South, Range 42 East, Section 26 and contains 36.179 acres. At its meeting of September 20, 2005, the City Commission approved the annexation of the hospital and assigned the CF (Community Facilities) zoning designation to the subject property. A master plan was approved under the County's jurisdiction that indicates that a total of 559,407 square feet was approved for the existing Delray Medical Center, Pinecrest Rehabilitation Hospital, and Lago Vista (located west of the hospital and annexed in 2008 and 2011 respectively). A development application has been submitted to construct a four -floor building addition on the north side of the existing hospital that contains 140 private patient rooms. The proposed building addition does not result in additional beds since 140 of the existing semi - private (2 bed patient rooms) will be converted to single bed private patient rooms. Other improvements include the construction of a 343 - space parking garage on the north side of the hospital, a helipad on the roof of the new hospital wing, and associated parking and landscape changes associated with the proposed buildings. At its meeting of February 19, 2013, the City Commission approved on first reading the ordinance to amend the Land Development Regulations to add the hospital to areas that allow an increase in height of up to 60 feet subject to conditional use approval. The City Commission approved this ordinance on second reading at its meeting of March 5, 2013. REVIEW BY OTHERS At its meeting of February 25, 2013, the Planning and Zoning Board considered the conditional use application and recommended approval to the City Commission on a 6 to 0 vote (Pierre -Louis absent). There was a person from the adjacent Country Lake subdivision that spoke on the project and expressed concerns with respect to flooding from the Wal -Mart property and the desire to have enhanced buffering between the hospital property and the Country Lake community. It was noted that the hospital does not own the Wal -Mart property and is not responsible for its stormwater retention. The applicant has met with staff to discuss enhancing the buffering along the south side of the hospital property and the final buffering will be addressed as part of the related site plan process. The Planning and Zoning Board also directed the applicant to consider obtaining Florida Green Building or LEED certification for the building addition. The enhanced buffering and sustainability certification issues are now attached as conditions of approval. RECOMMENDATION Move to approve the conditional use request to allow for a building height in excess of 48 feet (up to 60 feet) for Delray Medical Center, by adopting the findings of fact and law contained in the staff report, and finding that the request, and approval thereof, is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(E)(5), 4.3.4(J)(4)(b), and Chapter 3 of the Land Development Regulations, subject to the following conditions: 1. Approval of a site plan by SPRAB that is in general conformance to the submitted sketch plan. 2. That the landscape plan be revised to address code deficiencies and provide enhanced buffering along the south boundary. 3. That the applicant is requested to look into of obtaining Florida Green Building or LEED certification status for the building addition. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA CONDITIONAL USE REQUEST FOR DELRAY MEDICAL CENTER 5270 LINTON 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 March 19, 2013. This conditional use request is to allow an increase in the building height to a maximum of 60 feet for the Delray Medical Center located at the southwest corner of Military Trail and Linton Boulevard (5270 Linton 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 the Delray Medical Center. 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? Yes No b. Future Land Use Map: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use 1 Map. The subject property has a Future Land Use Map designation of Community Facilities (CF) and is zoned Community Facilities (CF) 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? Yes No d. Consistency : Will the granting of the conditional use be consistent with and further the goals and policies of the Comprehensive Plan? Yes No II. LDR REQUIREMENTS a. Section 2.4.5(E)(5) requires certain findings: The conditional use will not: 1. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; 2. Hinder development or redevelopment of nearby properties. Has this requirement been met? 2 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 March, 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 Delray Medical Center 1. Approval of a site plan by SPRAB that is in general conformance to the submitted sketch plan. 2. That the landscape plan be revised to address code deficiencies and provide enhanced buffering along the south boundary. That the applicant is requested to look into obtaining Florida Green Building or LEED certification status for the building addition. PLANNING AND ZONING BOARD CITY OF DELRAY BEACH -- -STAFF REPORT-- - MEETING DATE: February 25, 2013 AGENDA ITEM: IV.B. ITEM: Conditional Use Request for Delray Medical Center to Allow an Increase in Building Height to Exceed 48' (58' Proposed) for a Proposed Building Addition to the Delray Medical Center Located West Of The Southwest Corner Of Military Trail And Linton Boulevard (5270 Linton Boulevard). GENERAL DATA: Applicant ..................... Tenet Healthcare Corporation Agent .......................... Urban Design Kilday Studios Location ........................ West of the southwest corner of Linton D� D � Boulevard and Military Trail. A 5 Property Size .................. 36.179 acres Future Land Use Map..... CF (Community Facilities) R E 5 E °� D D D Current Zoning ...... ...... .... CF iINT0N BIIVLYAj{y Adjacent Zoning.... North: RM (Multiple Family Residential — Palm - p�N Beach County) East: CS (Community Service — Palm Beach County) PC (Planned Commercial) � South: RS (Single Family — Palm Beach - -� County) cpll N.�RY 0 A K West: RM (Multiple Family Residential — Palm ` Beach County) ' F Existing Land Use.......... Hospital i3 Proposed Land Use........ New hospital wing and parking garage F„ . €. CD I Water Service ................. Existing on site. R Sewer Service ................ Existing on site. �- -� R - -- - r aw The action before the Board is making a recommendation to the City Commission on a request for Conditional Use approval to exceed the maximum building height of 48 feet (58 feet proposed) for the Delray Medical Center, pursuant to Land Development Regulations (LDR) Section 2.4.5(E). The hospital is located west of the southwest corner of Military Trail and Linton Boulevard (5270 Linton Boulevard). The subject property is an unplatted parcel of land located in Township 46 South, Range 42 East, Section 26 and contains 36.179 acres. At its meeting of September 20, 2005, the City Commission approved the annexation of the hospital and assigned the CF (Community Facilities) zoning designation to the subject property. A master plan was approved under the County's jurisdiction that indicates that a total of 559,407 square feet was approved for the existing Delray Medical Center, Pinecrest Rehabilitation Hospital, and Lago Vista, (located west of the hospital and annexed in 2008 and 2011 respectively). At its meeting of February 19, 2013, the City Commission approved on first reading the ordinance to amend the Land Development Regulations to add the hospital to areas that allow an increase in height of up to 60 feet subject to conditional use approval. The City Commission will consider this LDR Amendment on second reading at its meeting of March 5, 2013. The development proposal that is now before the Board is to allow an increase in building height up to 60 feet (58 feet proposed) for a new wing at the Delray Medical Center. The applicant proposes to construct a four -floor building addition on the north side of the existing hospital that contains 140 private patient rooms. The proposed building addition does not result in additional beds since 140 of the existing semi - private (2 bed patient rooms) will be converted to single bed private patient rooms. Other improvements include the construction of a 343 -space parking garage on the north side of the hospital, a helipad on the roof of the new hospital wing, and associated parking and landscape changes associated with the proposed buildings. Planning & Zoning Board Staff Report: 2125113 Delray Medical Center— Conditional Use Request Page 2 CHAPTER 3 REQUIRED FINDINGS : (Performance Standards - L.O.S.) Pursuant to LDR Section 3.1.1 (Required Findings), prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, 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 FLUM designation and a zoning designation of Community Facilities (CF). As noted in the background section of this report, the City Commission approved on first reading the LDR text amendment to include the Delray Medical Center property in the geographic areas that allow for a height increase up to 60 feet subject to Conditional Use approval [LDR Section 4.3.4(J)(4)(b) — Area "K"]. Based upon the above, a positive finding with respect to consistency with the FLUM can be made provided that the City Commission approves the LDR text amendment. To ensure consistency between the proposed Conditional Use and the Land Development regulations, a condition of approval is attached that approval of the request is contingent on City Commission approval of the text amendment to allow a height of up to 60 feet for the Delray Medical Center. In absence of this approval the proposed structures are allowed at a maximum height of 48 feet. 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 consists of the construction of a 129,188 square foot wing to the existing hospital. The impacts on the applicable level of services are discussed below: Water and Sewer: Water service is available via service lateral connections to an existing 12" water main along Military Trail and a 10" water main along Linton Boulevard. Sewer service is available via service lateral connection to an existing 12" force main along the east side of the property to a 12" force main along Military Trail. Fire protection is provided via numerous fire hydrant connections located throughout the hospital complex Planning & Zoning Board Staff Report: 2125113 Delray Medical Center — Conditional Use Request Page 3 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 with outfall to the existing retention ponds on the property. There are no problems anticipated in complying with SFWMD requirements and thus, obtaining a surface water permit. Streets and Traffic: A traffic statement has been submitted that indicates the proposed development will generate an additional 1,918 average daily trips. The peak a.m. trips will be 131 and the peak p.m. trips will be 132. A finding of concurrency has been received from the Palm Beach County Traffic Engineering Division. Solid Waste: The 129,188 square foot hospital addition will generate 161.485 tons of solid waste per year (129,188 sq. ft. x 2.5 = 322,970 lbs. per sq. ft. / 2,000 lbs. = 161.485 tons). The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals till the year 2024, thus a positive finding with respect to this level of service standard can be made. 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: 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 redevelopment. The proposed addition is located 384 feet from Linton Boulevard and 600 feet from the nearest residence in the Las Verdes subdivision (to the north). The proposed wing will have no impact on the Country Lake to the south in terms of massing since it will screened from view by the existing hospital. The proposed height increase will have little to no significant impact on surrounding properties. The new rooftop helipad will allow direct access from the helicopter to the emergency room rather than its current ground location, which requires a short ambulance ride to the emergency room. This should improve the compatibility Planning & Zoning Board Staff Report: 2125113 Delray Medical Center— Conditional Use Request Page 4 between the hospital and the residential neighborhood to the south by relocating this noisy operation to a more central location on the property. Transportation Element Policy A-1.3: The City endorses the continued operations of the Palm Tran Transit System and its operations in Delray Beach, and through policies of this Element related to the TCEA, will coordinate with Palm Tran to improve the system. The existing bus stop located on the north side of the hospital will need to be eliminated due to the proposed development. A replacement bus stop will be provided on the north side of the new parking garage. 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 development proposal includes bicycle racks on the north side of the parking garage adjacent to the new bus stop. IRED FINDINGS RELATING TO INCREASE IN HEIGHT: Pursuant to LDR Section 4.3.4(x), the maximum height of structures in the CF zoning district is 48'. Per LDR Section 4.4.13(F)(1)(a), height is defined as the vertical distance from grade to the highest finished roof surface of a flat roof, or the soffit above the last habitable floor of a gable, hip, or gambrel roof. For buildings adjoining one street, the grade is established as the average of the mean elevation of the crown along the lot frontage. For buildings adjoining more than one street, the grade is established as the average of the mean elevation of the crown of the adjoining streets. Pursuant to LDR Section 4.3.4(J)(4)(b)(i)(11 )[lf approved by the City Commission], an increase to a maximum height of 60' (58' proposed) may be approved by the City Commission as a conditional use for property within the project known as the Delray Medical Center (Delray Hospital), located on the south side of Linton Boulevard approximately 1,240 feet west of Military Trail, and as annexed into the City of Delray Beach via Ordinance 33 -05. The City Commission may approve an increase in height to a maximum height of 60' based upon a finding of compliance with each of the enumerated criteria listed below. (ii) That the increase in height will not provide for, nor accommodate, an increase in the floor area (within the structure) beyond that which could be accommodated by development which adheres to a height limitation of 48 feet, except for the following situations: (1) An increase in height is allowed when the increase from 48 feet to 60 feet is for the purpose of accommodating residential use on the top floor of the Planning & Zoning Board Staff Report: 2125113 Delray Medical Center — Conditional Use Request Page 5 structure; however, the increase in height is only for the added residential use area. (iv)That the increase in height shall be allowed if two or more of subsections 4.3.4(J)(iv) (1), (2) or (3) are met: (1) That for each foot in height above 48 feet, an additional building setback of two feet is provided from the building setback lines which would be established for a 48 -foot tall structure. The additional setback is required from all setback lines (i.e., front, side, and rear) for the portion of the building that extends above 48 feet. In lieu of this setback requirement, buildings in the CBD zone shall adhere to the setback requirements of that district; (2) That a minimum of 50% of the ground floor building frontage consist of nonresidential uses (excluding parking); (3) That open areas, such as courtyards, plazas, and landscaped setbacks, be provided in order to add interest and provide relief from the building mass. Per LDR Section 4.3.3(L)(3), the required perimeter setback is 50 feet. The applicant proposes to increase the building height 58 feet, which requires an additional 20 feet (70 feet total) of perimeter setback. The proposed building addition complies with this standard since a front setback of 386 feet is provided and a side setback of 230 feet is provided. The first floor contains no residential component. The existing hospital campus provides numerous courtyards and pedestrian plaza on the north side of the building. Based on the above, the development proposal complies with all three criteria. Therefore, the development is eligible for consideration of a height increase. LDR SECTION 2.4.5(E) (REQUIRED FINDINGS): Pursuant to LDR 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. Planning & Zoning Board Staff Report: 2125113 Delray Medical Center — Conditional Use Request Page 6 The following zoning designations and uses border the property: Zoning: North RM (Multiple Family) South RS (Single Family) East CS (Community Service) GC (General Commercial) RM (Multiple Family) Use. Las Verdes — Palm Beach County Jurisdiction Country Lake — Palm Beach County Jurisdiction Delray Medical Condos — Palm Beach County Jurisdiction Wal -Mart Apartments — Palm Beach County Jurisdiction Given the location of the proposed addition, there will be no significant impact on the surrounding community in terms of massing. The relocation of the primary helipad to the roof of this addition should improve the compatibility between the hospital and the community to the south in terms of noise. Based upon the above, the proposed use will not have an adverse impact on the surrounding area, nor will it hinder development or redevelopment of nearby properties, if the conditional use is approved as recommended. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: In conjunction with the Conditional Use request a sketch plan was submitted which staff has reviewed. It is noted that the conceptual plan is insufficient to conduct a complete analysis of the Land Development Regulations. It is noted that the existing parcel is nonconforming with respect to several Land Development Regulations such as required landscape and parking areas. The proposed addition is not of a scale that would require total site upgrades. The onsite improvements will be limited in scope and the required upgrades to this limited area are expected with the site plan approval process which would follow the Conditional Use approval. Based upon staff's review of the sketch plan and site inspections, the following analysis is highlighted. Hospital Intensity: Per LDR Section 4.3.3(L)(3), the maximum intensity, in terms of patient rooms is 30.37 patient rooms per acre computed on the basis of one patient room allowable for each 1,500 square feet of lot area. The property contains 1,575,957.2 square feet (36.179 acres). The property contains a total of 244 patient rooms including the hospital, Fair Oaks, and Pinecrest. The addition of the new wing will add 140 patient rooms for a total of 384 patient rooms. The master plan has an additional 32 patient rooms vested for the property from when the property was in the jurisdiction of Palm Beach Count for a total of 416 patient rooms. Based on the above, the hospital is allowed to have up to 1,050 patient rooms and 416 patient rooms are proposed. Further, the proposed Planning & Zoning Board Staff Report: 2125113 Delray Medical Center —Conditional Use Request Page 7 intensity is 11.50 patient rooms acre. It is noted again that the actual intensity of the hospital is not increasing since the number of beds are not increasing due to an equal conversion of existing 2 -bed rooms being converted to private single -bed rooms. Parking: Per LDR Section 4.6.9(C)(6)(i), hospitals shall provide 1.5 parking spaces per bed, plus one space per 100 square feet of floor area in rooms for outpatient, emergency, and other special service areas open to the public. The hospital is required to provide 1,290 parking spaces and 1 ,781 parking spaces are provided. Photometric Plan: A photometric plan has been submitted. The proposed lighting of the garage and the building lighting does not comply with the City's illumination standards. This will need to be addressed during the site plan process. The subject property is not in a geographical area requiring review by the Downtown Development Authority (DDA) or Community Redevelopment Agency (CRA). Courtesy Notices: Special courtesy notices were provided to the following homeowners and civic associations: • Delray Citizen's Coalition • Alliance of Delray • Neighborhood Advisory Council • Country Lake Homeowners • Citation Club Public Notice: • Shadywoods • Hammock Reserve • Lakeview Civic • Sherwood Park Civic Association Formal public notice has been provided to property owners within a 500' radius of the subject property. Any letters of objection and/or support will be presented at the Planning and Zoning Board meeting. The proposed conditional use is to allow for an increase in height up to 60 feet (58 feet proposed) for a new four floor hospital wing. Normally, a height increase has been requested to allow a fifth floor for residential purposes. In the case of a hospital, each floor needs to have a higher profile due to the equipment necessary between each floor. The inclusion of the rooftop helipad will improve emergency services and will improve Planning & Zoning Board Staff Report: 2125113 Delray Medical Center — Conditional Use Request Page 8 the compatibility with the residential neighborhood to the south. The landscape plan contains several deficiencies that will need to be addressed as part of the site plan process. The development proposal is consistent with Chapter 3 of the Land Development Regulations and the policies of the Comprehensive Plan. Also, positive findings with respect to LDR Sections 2.4.5(E)(5)[Conditional Use Findings] and 4.3.4(J)(4)(b), can be made as the proposal will not have an adverse impact on the surrounding area nor will it hinder development or redevelopment of nearby properties, provided the conditions of approval are addressed. A. Postpone with direction. B. Move a recommendation of approval of the conditional use request to allow for a building height in excess of 48 feet (58 feet proposed) for Delray Medical Center, 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 meet criteria set forth in Sections 2.4.5(E)(5), 4.3.4(J)(4)(b), and Chapter 3 (Performance Standards) of the Land Development Regulations, subject to the conditions of approval. C. Move a recommendation of denial of the conditional use request to allow for a building height in excess of 48 feet (58 feet proposed) for Delray Medical Center, 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 Section 2.4.5(E)(5), 4.3.4(J)(4)(b), and Chapter 3 (Performance Standards) of the Land Development Regulations. Move a recommendation of approval of the conditional use request to allow for a building height in excess of 48 feet (58 feet proposed) for Delray Medical Center, by adopting the findings of fact and law contained in the staff report, and finding that the request, and approval thereof, is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(E)(5), 4.3.4(J)(4)(b), and Chapter 3 of the Land Development Regulations, subject to the following conditions: 1. Approval of a site plan by SPRAB that is in general conformance to the submitted sketch plan. 2. That approval of the request is contingent on City Commission approval of the text amendment to allow a height of up to 60 feet for the Delray Medical Center. 3. That the photometric plan be revised to demonstrate compliance with the City's illumination standards as part of the site plan process. Planning & Zoning Board Staff Report: 2125113 Delray Medical Center — Conditional Use Request Page 9 4. That the landscape plan be revised to address code deficiencies or relief sought as part of the site plan process. Attachments: • Location Map • Sketch Plan Staff Report Prepared by: Scott Pape, Senior Planner ¢ ss EMMA UEL CHRIST z - CAT LfC THE ¢ CHU CH KING V MONASTERY OF LAS VERDES DRIVE ST. 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Smith, Interim City Manager DATE: March 14, 2013 SUBJECT: AGENDA ITEM 10.E. - REGULAR COMMISSION MEETING OF MARCH 19, 2013 JOB CREATION INCENTIVE AGREEMENT/ ALDRIDGE CONNORS, LLP ITEM BEFORE COMMISSION Approval of Job Creation Incentive Agreement for Aldridge Connors LLP, for creation of 250 new and existing jobs to Delray Beach office space on the Innovation Corridor, with a maximum five -year grant of $200,000.00. BACKGROUND At the February 19, 2013 City Commission Meeting, staff presented an application for economic development incentives under the City's recently enacted Job Creation Incentive program. The applicant, Aldridge Connors LLP, is an Atlanta -based law firm with Florida operations currently based in Boca Raton. The firm has over 500 employees, located in its various locations in the Southeast. The principals of the firm are interested in relocating 180 employees from their current Boca Raton location to The Arbors at 1615 South Congress Avenue in Delray Beach, where they will occupy slightly less than 40,000 square feet of currently unoccupied office space. It is their intent to grow an additional 70 new jobs in the year ahead, bringing the Delray Beach employee count to approximately 250 employees. At the aforementioned City Commission meeting, staff described the options available to the City Commission within the previously established guidelines under the Delray Beach Economic Development Fund. Under those guidelines the City Commission has the ability to grant qualifying businesses an incentive of $750 to $1,000 per job, based upon the value of the jobs created. This valuation is predicated on the average compensation of the jobs being greater than the average salary for Palm Beach County (currently $46,323) and that they are in a targeted industry class. As a business law firm, the jobs meet the industry class qualification of "Business Services ". The average salary qualification is similarly met, as the payroll numbers for the existing employees based in Boca Raton average out to $48,946. As is typical of a large firm of this nature, there is a broad spectrum of salary classifications, with a small number of highly compensated attorneys; a broad range of mid- level attorneys, paralegals and executive assistants; and a small number of lower echelon workers. The City Commission gave staff direction to engage in crafting an agreement with Aldridge Connors under the Job Creation Incentive Program, which would reflect the overall job creation impact by this relocation, with a final grant number not to exceed $250,000.00. Staff subsequently engaged in more detailed review of the salary figures provided by Aldridge Connors and have concluded that an appropriate offer to the firm would provide $800 per job in total, with a prospective total grant of $200,000. This is somewhat less than midrange of the possible total grant of $218,750. Staff has recommended the lower end of the range as roughly 65% of the jobs fall below the county average salary. Nevertheless, the salaries that fall into the category below the county average are quality livable wage positions in line with industry standards and are of significant value to the City of Delray Beach. Human resources representatives from the firm have already asked for assistance in conducting employment interviews in the local community for positions that will need to be filled by new employees. Once approved, the grant would be spread over five budget years for the City, with the first payment of $40,000 coming in September, after the initial positions have been relocated to Delray Beach. The four subsequent annual payments of $40,000 would come in the following four budget years, upon verification that the all of the additional positions have been created and the target jobs number is maintained. The agreement further provides for annual job maintenance reports showing that the jobs created have been maintained for a total of five years. Initially staff had intended to offer the firm a more substantial up -front payment, with the "clawback" provisions secured by letter of credit to the City for the amount of the grant outstanding. That would have guaranteed that the jobs would be maintained for the full five -year maintenance period. Aldridge Connors was amenable to this concept, but ultimately discovered that in order to obtain the necessary letter of credit from a financial institution they would have to deposit a similar amount of cash with that institution for the same period of time. This would tie up capital, which would be counter to the intended purpose of the incentive. The proposed longer term payout gives Aldridge Connors the intended incentive, while also assuring that the City's goals of long -term job creation are protected without subjecting either party to extensive risk or expense. RECOMMENDATION Staff recommends approval of the attached Job Creation Incentive Agreement between the City of Delray Beach and Aldridge Connors LLP, for the creation of 250 new and existing jobs in Delray Beach as outlined in the accompanying agreement. JOB CREATION INCENTIVE GRANT AGREEMENT THIS AGREEMENT, effective as of the First day of March 2013, by and between the CITY OF DELRAY BEACH FLORIDA, a municipal corporation of the State of Florida, (hereinafter the "CITY') and Aldridge Connors, LLP (hereinafter the "COMPANY'). WHEREAS, the CITY finds and declares that it is in the public interest to award a $200,000.00 Job Creation Incentive Grant to the COMPANY pursuant to the terms of this Agreement. NOW, THEREFORE, in consideration of the promises and mutual covenants hereinafter contained, the parties agree as follows: PART II DEFINITIONS 1. Definitions: The below terms as used in this Agreement shall mean: A. New Job : Shall include an employee in a full time job working a minimum of 2,080 hours annually (inclusive of vacation, holidays, sick leave, and other paid activities , a Full Time Equivalent Job or a Relocated Employee. Each New Job shall also: (1) Add to the City of Delray Beach's' total job base; (2) Add incrementally to the COMPANY'S City of Delray Beach payroll; (3) Result in a net increase in the number of the COMPANY'S Delray Beach employees; and (4) Involve only an employee working on -site at the COMPANY'S Delray Beach facility at the address shown in Exhibit "A" attached hereto and made a part hereof or another facility located in the City of Delray Beach (the "AC Delray Beach Facility "). B. Full Time Equivalent Job: Shall mean any two or more part -time employees whose sum total work hours, inclusive of vacation and holidays, equals 2,080 hours annually. Notwithstanding the foregoing, the 2,080 hours annually shall be determined pursuant to the job requirement of the employee, and not the actual number of hours clocked at work, allowing for vacation, holiday and sick leave. C. Relocated Employee: Is an employee in a full time job working a minimum of 2,080 hours annually (inclusive of vacation and holidays), or a Full Time Equivalent Job that is identified on the COMPANY'S o r an Existing Affiliate's or New Affiliate's (as those terms are defined in Part III hereof) payroll who i s transferred to the AC Delray Beach Facility from another COMPANY or Affiliate facility in a location other than the AC Delray Beach Facility. PART III COMPANY AFFILIATES 1. Existing Affiliates. The CITY and the COMPANY hereby acknowledge the existence of three existing Affiliates of the COMPANY: (1) Peak Title & Abstract, LLC; (2) Shore to Shore Title, Inc.; and (3) Shore to Shore Title, LLC (hereinafter collectively the "Existing Affiliates "). (Effective as of April 1, 20137 Shore to Shore Title, Inc. will be merged into Shore to Shore Title, LLC. Shore to Shore Title, LLC will be the surviving entity.) The CITY and the COMPANY acknowledge and agree that the requirements for job creation of New Jobs set forth in this Agreement may be met by the creation of such New Jobs by the COMPANY and /or the EXISTING AFFILIATES. 2. Establishment of Additional Affiliates: The partners of the COMPANY may create or connection with Agreement. The purchase additional Affiliates ( "New Affiliates ") in activities undertaken by the COMPANY pursuant to this COMPANY is currently owned by partners John G. 2 Aldridge, Jr., P.C. and Marissa G. Connors. At least forty percent (40 %) of any New Affiliates, thus created or purchased, shall be owned by John G. Aldridge, Jr.; John G. Aldridge, Jr., PC; JGA Irrevocable Trust; Marissa G. Connors or an entity or entities who are wholly owned by John G. Aldridge, Jr., Marissa G. Connors and /or one of the aforementioned entities ( "New Affiliate Common Ownership Requirement "), and the COMPANY shall oblige all such New Affiliates to comply with the requirements of this Agreement as provided for herein. 3. Notification of New Affiliates: The COMPANY shall, within thirty (30) days of the creation or purchase of a New Affiliate in connection with this Agreement, notify the CITY in writing of such New Affiliate by divulging to the CITY the name of such entity and the location of the entity's facilities, and the COMPANY shall provide the CITY, to the CITY'S satisfaction, documentation evidencing that the New Affiliate meets the New Affiliate Common Ownership Requirement. PART IV JOB CREATION REQUIREMENTS AND BENCHMARKS 1. Performance Period: The Performance Period shall commence on 3/1/2013 and shall end on 9/30/2014 (the "Performance Period "). The COMPANY and any Existing Affiliate or New Affiliate of COMPANY desire to create and maintain 250 New Jobs. Any New Jobs created by the COMPANY, an Existing Affiliate or New Affiliate before or after the Performance Period shall not be counted as part of the aforesaid number of New Jobs. Provided, however, that the first 150 jobs shall be created by 9/30/2013, and the remaining 100 jobs on or before 9/1/2014. The average annual salary of the aforesaid New Jobs shall be equal to or greater than $46,323.00, excluding benefits. 2. Maintenance Period: The COMPANY and any Existing Affiliate or New Affiliate shall maintain all New Jobs during the Maintenance Period. The Maintenance Period shall commence on the date the New Job was created and shall remain for a period of 5 years. The average annual salary of the New Jobs maintained by the COMPANY during the Maintenance Period shall be equal to or greater than $46,323.00, excluding benefits. The COMPANY and the CITY acknowledge and agree that the calculation of New Jobs is based upon the number of employees employed at the AC Delray Beach Facility and not based upon a specific job type or title. Further, the CITY acknowledges that employees will leave the employment of the COMPANY voluntarily and involuntarily, from time to time, and that the COMPANY should be allowed a reasonable period to replace a departed employee to meet the 3 requirements herein. 3. Acceptance of Jobs Created by Affiliates: Notwithstanding that CITY is allowing COMPANY and the Existing Affiliates of COMPANY to create and maintain said jobs, COMPANY agrees that this Agreement is solely between COMPANY and CITY and CITY has the right, in its sole and absolute discretion to reject or accept any or all jobs created by any New Affiliates. PART V GRANT AMOUNT AND GRANT DISBURSEMENTS 1. Grant Amount: The COMPANY shall be eligible to receive from the CITY payments of up to $800.00 for each of the actual number of New Jobs created. The total amount the COMPANY can receive for New Jobs is $200,000.00 (hereafter "Grant') which shall be payable in accordance with the terms of this Agreement. 2. Grant Disbursements: The CITY shall disburse Grant funds as follows: A. Initial Payment. Upon execution of this Agreement by the CITY and the COMPANY, and pursuant to the COMPANY's certification of the initial 150 jobs at the AC Delray Beach Facility, the CITY shall pay the COMPANY $40,000.00 (the "Initial Payment ") within sixty (60) days of the certification. B. Subsequent Annual Payments. Based on the number of New Jobs reported by COMPANY on the Annual Job Creation and Maintenance Report that is required to be filed with the CITY under Part VITA., the CITY shall disburse four (4) additional annual payments of up to $40,000.00 each of Grant funds to COMPANY within sixty (60) days of receipt of the Annual Job Creation and Maintenance Report. The maximum annual amount that CITY would be obligated to disburse with respect to an Annual Job Creation and Maintenance Report is $40,000.00, with the amount in excess of the $40,000.00 being carried forward to the next year until the maximum amount of $200,000.00 has been exhausted. The COMPANY agrees that it shall be limited to one (1) $ 40,000.00 disbursement per calendar year until the full amount of the grant earned has been received. As a prerequisite to making all disbursements of Grant funds, the CITY shall have determined that the COMPANY is in compliance with the terms of this Agreement, including, but not limited to, the COMPANY'S submission of the 4 Job Creation and Maintenance Reports required herein. PART VI ADVERTISING, RECRUITING AND JOB INFORMATION 1. Job Advertising: In addition to the COMPANY'S normal advertisement of job positions, COMPANY shall undertake advertising of the job openings in Delray Beach to provide sufficient notice to Delray Beach residents concerning the availability of COMPANY'S new positions. The advertising regarding the new jobs at COMPANY'S facility in Delray Beach must be city -wide, include Minority news venues, and not limited to a single advertisement. The COMPANY shall provide the CITY proof of all advertisements made in accord with this Subpart within thirty (30) days of the date of advertising. 2. Low - income Residents: The COMPANY shall, to the greatest extent feasible, provide low- income residents opportunities for training and employment at the COMPANY. 3. Local Hiring: The COMPANY shall, to the greatest extent feasible, without risk of violating any laws, develop and implement local hiring policies that provide Delray Beach residents with the opportunity to fully avail themselves of employment opportunities with the COMPANY. 4. Local Businesses: The COMPANY shall to the extent feasible award contracts in connection with this Agreement to eligible business concerns located in or owned in substantial part by persons residing in Delray Beach. 5. Transportation To And From Job Location: The COMPANY shall provide the following information to employees it hires by posting such information on its web site or by providing in written form: A. The bus stop location closest to COMPANY'S office; B. The name and location of Tri -Rail train station closest to COMPANY'S office; C. Information about COMPANY'S car pool program (if one exists); and D. Directions to COMPANY'S office from Interstate 95. PART VII AUDITS AND REPORTS 1. Annual Job Creation and Maintenance Reports: The COMPANY shall provide the CITY with an Annual Job Creation and Maintenance Report, satisfactory to the CITY in its sole discretion, acting reasonably, verifying the COMPANY'S compliance with the requirements of PART IV of this Agreement. Such Annual Job Creation and Maintenance Report shall comply with the 5 following: A. Identify each job created and the date it was created. B. Identify each job created and the duration of its maintenance period to date. C. Report on the average annual salary for New Jobs that were created and maintained. D. The COMPANY'S report must provide the average annual salary for the below categories: (1) All New Jobs: Identify the average annual salary of all New Jobs including all exempt and non - exempt employees and all officers and senior corporate executives that are included in the number of New Jobs to be created as required by this Agreement. (2) Low and Mid Echelon New Jobs Only: Identify the average annual salary of all New Jobs as stated above, excluding from these calculations the average annual salary of all officers and senior corporate executives. E. The accuracy of the number, hire dates and average annual salaries of all New Jobs as represented by the COMPANY is at the sole discretion of the CITY. F. Report on the number of City of Delray Beach residents hired to date. (The COMPANY may rely upon an employee's representation that he or she resides in Delray Beach and shall not be required to produce any type of evidence of residency.). G. Include copies of all job advertisements published in accord with the requirements of Part VI of this Agreement since the submission of the last Job Creation and Maintenance Report. H. The Annual Job Creation and Maintenance Report shall be submitted to the CITY in conjunction with the COMPANY'S request for each annual disbursement of Grant funds in the month of September, and the receipt of said Annual Job Creation and Maintenance Report by the CITY shall be a prerequisite to the CITY making any disbursements hereunder. The Annual Job Creation and Maintenance Report shall reflect the number of jobs as of September 1St of each year. The COMPANY and the CITY acknowledge and agree that the calculation of New Jobs is based upon the number of employees employed at the AC Delray Beach Facility and not based upon a specific job type or title. Further, the CITY acknowledges that employees will leave the employment of the COMPANY voluntarily and involuntarily, from time to time, and that the COMPANY should be allowed a reasonable period to replace a departed 0 employee to meet the requirements herein. J. CITY AUDIT. In the event that the CITY is not satisfied with the COMPANY'S Report, the CITY may, in its sole discretion, acting reasonably, cause an audit to be completed by an independent Certified Public Accountant which such independent auditor shall be agreed upon by the CITY and the COMPANY (the "CITY AUDIT "). The CITY agrees that any such CITY AUDIT shall be paid for by the CITY. The auditor shall express a written "opinion" in the City Audit regarding the number of New Jobs created in compliance with this Agreement and the average annualized salary for these New Jobs. In the event that the independent auditor determines that the COMPANY materially misrepresented the number of New Jobs created by the COMPANY or the average annualized salary for these New Jobs, the Existing Affiliates or New Affiliates, the COMPANY agrees to reimburse the CITY for all costs associated with the CITY AUDIT. PART VIII LETTER OF CREDIT (This Section Intentionally Deleted) PART IX GENERAL CONDITIONS 1. Obligation and Annual Appropriation: The CITY'S obligation to pay under this Agreement is contingent upon annual appropriation for its purpose by the CITY. To the extent the annual appropriation amount is reduced, the corresponding obligation of the COMPANY shall be similarly and proportionately reduced. 2. Employee Bona Fide: The COMPANY warrants that neither it, nor any of its Existing Affiliates, have employed or retained any company or person, other than a bona fide employee working solely for the COMPANY, or its Existing Affiliates, to solicit or secure this Grant and that neither have paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the COMPANY, or its Existing Affiliates, any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the award of the Grant or the making of this Agreement. 3. Non - Discrimination: The COMPANY warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, and familial status. Upon receipt of evidence of such discrimination, the CITY shall have the right to terminate this Agreement. 4. Workers' Compensation and Employer's Liability,: The COMPANY shall maintain Workers' Compensation Insurance & Employers Liability in accord with Florida Statutes Chapter 440 for all jobs set forth in this Agreement. Coverage shall be provided on a primary basis. 5. Convicted Vendor List: As provided in F.S. 287.132 -133, by entering into this Agreement or performing any work in furtherance hereof, the COMPANY certifies that it, and its affiliates who will perform hereunder, have not been placed on the Convicted Vendor List maintained by the State of Florida Department of Management Services within thirty -six (36) months immediately preceding the date of execution of this Agreement by the CITY. This notice is required by F.S. 287.133(3) (a). 6. Successors and Assigns: The CITY and the COMPANY each binds itself and its partners, wholly owned subsidiaries, successors, executors, administrators and assigns to the other party and to the partners, wholly owned subsidiaries, successors, executors, administrators and assigns of such other party, in respect to all covenants of this Agreement. Except as above, neither the CITY nor the COMPANY shall assign, sublet, convey or transfer its interest in this Agreement without the prior written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the CITY, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the CITY and the CITY. In the event that the CITY determines that the COMPANY is in violation of this paragraph, the CITY shall have the right to terminate this Agreement and to seek restitution of the funds paid by the CITY to the COMPANY. 7. Name or Location Change: In the event the COMPANY implements a change to the name of the COMPANY or the location of the COMPANY within or outside the City of Delray Beach, the COMPANY shall immediately provide the CITY written notice regarding this change to the name and /or location of the COMPANY upon such change becoming official. 8. Material Change of Circumstances: The COMPANY shall immediately notify the CITY of any material change of circumstances for the COMPANY'S business operations in the City of Delray Beach. For the purposes hereof, material change of circumstance shall include, but not be limited to, the failure of the COMPANY to diligently and actively pursue fulfillment of the terms hereof, the sale or transfer of COMPANY'S assets for the benefit of creditors, the suspension, closing or cessation of operation of the COMPANY, voluntary or involuntary bankruptcy or an assignment for the benefit of the COMPANY'S creditors. In the event of a material change of circumstances, the CITY shall 0 have the right to terminate this Agreement, whereupon the CITY shall have no further obligation to the COMPANY under this Agreement. 9. Entire Agreement Between Parties: The CITY and the COMPANY agree that this Agreement sets forth the entire agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Agreement may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. 10. Waiver: If the CITY shall waive any provisions of the Agreement, or shall fail to enforce any of the conditions or provisions of this Agreement, such waiver shall not be deemed to be a continuing waiver and shall never be construed as such; and the CITY shall thereafter have the right to insist upon the enforcement of such conditions or provisions. 11. Invalid or Unenforceable Terms: If any term or provision of this Agreement, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, or the application of such terms or provision, to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. 12. Performance Time And Liability: The parties expressly agree that time is of the essence in this Agreement and the failure by a party to complete performance within the time specified, or within a reasonable time if no time is specified herein, shall, at the option of the other party without liability, in addition to any other rights or remedies, relieve the other party of any obligation to accept such performance. 13. Defaults: The occurrence of any one or more of the following events shall constitute a Default hereunder: A. Vacating, abandoning, or closing the COMPANY'S business on or before the expiration of the Performance Period. B. Relocating the COMPANY'S existing business in Delray Beach to outside Delray Beach before the expiration of the Performance Period. C. Failure of the COMPANY, Existing Affiliates and /or New Affiliates to create the number of New Jobs as required in this Agreement on or before 9/1/2014. D. Failure of the COMPANY, Existing Affiliates and /or New Affiliates to maintain the required number of New Jobs for the entire Maintenance Period in accordance with Part IV, Section 2. D E. Failure of the COMPANY to submit to the CITY the Annual Job Creation and Maintenance Report and /or the Audit as required in this Agreement upon thirty (30) days written request by the CITY. F. Failure of the COMPANY to observe or perform any of the terms, covenants, conditions, obligations, or provisions of this Agreement to be observed or performed by the COMPANY where such failure continues for a period of thirty (30) days after written notice thereof from the CITY to the COMPANY; provided, however, that if the nature of COMPANY'S default is such that more than thirty (30) days are reasonably required for its cure, then COMPANY shall not be deemed to be in default if the COMPANY commenced such cure within said thirty (30) day period and thereafter diligently pursues such cure to completion. G. The making by the COMPANY of any general assignment, or general arrangement for the benefit of creditors. H. The filing by or against COMPANY of a petition to have the COMPANY adjudged bankrupt or a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against COMPANY, the same is dismissed within sixty (60) days. I. The appointment of a trustee or receiver to take possession of substantially all of COMPANY'S assets where possession is not restored to COMPANY within thirty (30) days. J. The attachment, execution or other judicial seizure of substantially all of COMPANY'S assets located within Palm Beach County where such seizure is not discharged within thirty (30) days. K. The discovery by the CITY that any financial statement relating to this Agreement given to the CITY was materially false. 14. Remedies: In the event of a Default by the COMPANY, the CITY may at any time thereafter, terminate this Agreement. In such event, the CITY shall be entitled to recover immediately upon demand from the COMPANY or any party joining in or consenting to this Agreement, all sums paid by the CITY to the COMPANY, or to the State of Florida, as applicable, pursuant to this Agreement. Notwithstanding the foregoing, in the event that the COMPANY defaults under Section 13(C) (i.e., failure to create the number of New Jobs as required in this Agreement by 9/1/2014), the CITY shall reduce the total amount of the Grant awarded to the COMPANY, proportionally, by the number of New Jobs that COMPANY failed to create. Further, in the event that the COMPANY defaults under or Section 13(D) (i.e., failure to maintain 10 the required number of New Jobs for the entire Maintenance Period), the CITY shall be limited in its recovery against COMPANY to the number of New Jobs that Company failed to maintain during the Maintenance Period, multiplied by $800 and prorated over the period of non - performance (the "Failure to Maintain Jobs Claw Back "). The recovery permitted by this section is conditioned upon the entire Grant being paid by the CITY to the COMPANY. In the event that the entire amount of the Grant has not been made to the COMPANY, the CITY shall simply decrease the amount of any future disbursement to the COMPANY by the Failure to Maintain Jobs Claw Back. Incentives calculated based upon jobs created in the Performance Period shall be deemed to be earned by the COMPANY on a simple prorated basis of 20% for each of the five subsequent years that the jobs are maintained. 15. Law And Remedy: This Agreement shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement shall be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. 16. Regulations: The COMPANY shall comply with all laws, ordinances and regulations applicable to the services contemplated herein, to include conflict of interest and collusion. The COMPANY is presumed to be familiar with all federal, state and local laws, ordinances, codes and regulations that may affect the services offered. 17. Headings. The headings of the sections, paragraphs, divisions, subdivisions, part and subparts of this Agreement are for the convenience of reference only, and shall not limit or otherwise affect any of the terms hereof. 18. Number and Gender: Whenever the singular or plural number, masculine or feminine or neuter gender is used herein, it shall equally include the others and shall apply jointly and severally. 19. Access To Records: Upon thirty (30) business days' notice and at any time during normal business hours and as often as the CITY deems necessary, there shall be made available by the COMPANY to the CITY for examination, all its records with respect to all matters covered by this Agreement. The CITY reserves the right to require copies of such records and /or to conduct an inspection of the COMPANY'S records regarding performance measures with 11 respect to matters covered by this Agreement at any time for any period covered by this Agreement. 20. Indemnification And Hold Harmless: The COMPANY agrees to protect, defend, reimburse, indemnify and hold the CITY, its agents, its employees and elected officers and each of them, free and harmless at all times from and against any and all claims, liability, expenses, losses, costs, fines and damages, including attorney's fees, and causes of action of every kind and character against and from the CITY which arise out of this Agreement, except those claims, liability, expenses, losses, costs, fines and damages, including attorney's fees, and causes of action which arise out of sole actions or omissions by the CITY or its agents, employees or officers. The COMPANY recognizes the broad nature of this indemnification and hold harmless clause, and voluntarily makes this covenant and expressly acknowledges the receipt of good and valuable consideration provided by the CITY in support of this clause in accordance with the laws of the State of Florida. This Paragraph shall survive the termination of the Agreement. 21. Notices: All notices from the COMPANY to the CITY and the CITY to COMPANY required or permitted by any provision of this Agreement shall be in writing and sent by registered or certified mail and addressed as follows: TO CITY: City of Delray Beach 100 N.W. 1St Avenue Delray Beach, FL 33444 Attn: City Manager TO COMPANY: Aldridge Connors, LLP Fifteen Piedmont Center 3575 Piedmont Road Suite 500 Atlanta, GA 30305 Attn: Marissa G. Connors, General Counsel Such addresses may be changed by written notice to the other party. 22. Counterparts: This Agreement, consisting of fifteen (15) enumerated pages which include the exhibits referenced herein, may be executed in one or more counterparts, all of which shall constitute collectively but one and the same instrument. PART X REQUIREMENTS APPLICABLE TO EXISTING AFFILIATES OR NEWAFFILIATES 12 In addition to instances where the requirements of this Agreement are expressly set forth to be applicable to Existing Affiliates and New Affiliates of the COMPANY, the requirements of the below listed Parts and Subparts shall also apply to all such Existing Affiliates or New Affiliates: A. PART IV: Subparts 1, 2 and 3. B. PART VI: Subparts 1, 2, 3 4 and 5. C. PART IX: Subparts 3, 4, 5, 7, 8, 16, 19 and 21 ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Thomas F. Carney, Jr., Mayor Approved as to Form: City Attorney WITNESSES: By: Print Name: By: Print Name: STATE OF GEORGIA COUNTY OF FULTON Aldridge Connors, LLP By: Print Name: Marissa G. Connors Title: General Counsel (SEAL) The foregoing instrument was acknowledged before me this day of March, 2013, by Marissa G. Connors (name of officer or agent, title of officer or agent) of Aldridge Connors, LLP (name of corporation acknowledging), a Georgia limited liability partnership, on behalf of the partnership. She is personally known to me and did not take an oath. Signature of Notary Public — State of Georgia 13 1615 South Congress Avenue Suite 200 Delray Beach, Florida 33445 i *A:IMINdv_l% 14 MEMORANDUM TO: Mayor and City Commissioners FROM: David A. Boyd, Director of Finance Rebecca S. O'Connor, Treasurer THROUGH: Douglas E. Smith, Interim City Manager DATE: March 13, 2013 SUBJECT: AGENDA ITEM 10.F. - REGULAR COMMISSION MEETING OF MARCH 19, 2013 RFP #2013 -32 FOR BOND SERVICES COUNSEL ITEM BEFORE COMMISSION Authorize the City of Delray Beach to enter into a standard form of agreement with Greenberg Traurig to provide bond counsel services for a period ending March, 2016. BACKGROUND City staff prepared a Request for Proposal (RFP) for bond counsel services relative to proposed municipal borrowings. Bids were received on March 1, 2013 from Bryant Miller and Olive and Greenberg Traurig and statements of "No Bid" from Greenspoon Marder and Holland and Knight LLP. On March 8, 2013, a committee reviewed bids and chose Greenberg Traurig as the best and most qualified applicant. See below for ratings: Summary Rating Table Rater Greenberg Traurig Bryant Miller Mr. Shutt 99 96 Mr. Boyd 99 99 Ms. O'Connor 99 89 The City's contract will expire on three years (3) from the date of the contract and allows for three (1) year extensions. The contract also allows for termination with cause with 7 days prior written notice and 14 days without cause. Staff recommends that the RFP respondents be ranked as follows: #1- Greenburg Traurig and #2- Bryant Miller. FUNDING SOURCE 334 -7111 -519 -73.04 RECOMMENDATION Recommend approval of the RFP ranking and approve the City of Delray Beach to enter into an agreement with Greenberg Traurig, P.A., for bond counsel services. STANDARD FORM OF AGREEMENT BETWEEN CITY AND CONTRACTOR Bond Counsel Services # Three Year Contract RFP No. 2013 -32 THIS AGREEMENT made this day of , 20_7 by and between the CITY OF DELRAY BEACH (hereinafter called CITY) and CONTRACTOR TO BE DETERMINED (hereinafter called CONTRACTOR). WITNESSETH: WHEREAS, the CITY prepared a Request for Qualifications (RFQ #2013 -32) for bond counsel services relative to municipal borrowings; and WHEREAS, the CONTRACTOR submitted a Proposal to the CITY and was selected by the CITY as best and most qualified applicant; and WHEREAS, the CITY and CONTRACTOR have negotiated mutually satisfactory terms for the execution of this Project; NOW, THEREFORE, in consideration of the promises set forth in the Agreement and for other good and valuable consideration, the receipt of which is hereby acknowledged, and intending to be legally bound, the parties further hereto agree as follows: 1. CONTRACTOR agrees to provide legal consultation with respect to current and proposed borrowings. 2. The Contract between the CITY and the CONTRACTOR shall include the following documents which are attached hereto and incorporated herein by reference: CONTRACT DOCUMENTS PAGE NUMBERS Invitation to Bid / Firm Requirements Scope of Work General Conditions, Instructions and Information Definitions of Evaluation Criteria Schedule of Pricing Work References Indemnity /Hold Harmless Agreement (without proposed change by Greenberg) Cone of Silence RFP No. 2013 -32 Bond Counsel Services 0 1 -2 3 -4 5 -10 11 12 13 14 15 Insurance Requirements 16 Insurance form Sample 17 Drug Free Workplace Certification 18 Bid Signature Form 19 Statement of No Bid 20 Standard Form of Agreement 21 -25 Corporate Acknowledgment 26 Certificate (If Corporation) 27 3. The term of this contract shall commence upon execution by both parties and extend until three (3) years from the date of the execution of the contract. The City Manager may renew the contract, at the same terms, conditions and price(s) for three (3) consecutive terms of one (1) year. 4. This agreement shall be governed by the laws of the State of Florida as now and hereafter in force. The venue for actions arising out of this agreement shall be Palm Beach County, Florida. 5. All notices, requests, demands, and other given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses to: As to City: City of Delray Beach, Florida Attn: Finance Department 100 N.W. 1St Avenue Delray Beach, Florida 33444 As to Contractor: 6. The CONTRACTOR shall not, without prior written consent of the CITY, assign any portion of its interest under this contract without the prior written consent of the CITY. 7. The CITY and the CONTRACTOR each binds himself, his partners, RFP No. 2013 -32 Bond Counsel Services successors, assigns and legal representatives to other party hereto in respect to all covenants, agreements and obligations contained in the contract documents. 8. The CONTRACTOR for good and valuable consideration shall indemnify, defend and save harmless the CITY, its officer's agents, and employees, from or on account of any claims, damages, received or sustained by any person or persons resulting from CONTRACTOR'S work; or by or in consequence of negligence in connection with the same, or by or on account of any act or omission of the said CONTRACTOR or his subcontractors, agents, servants or employees. CONTRACTOR agrees to defend, indemnify and save harmless the CITY, its officers, agents and employees, against any liability arising from or based upon the violation of any federal, state, county or city laws, by -laws, ordinances or regulations by the CONTRACTOR, his subcontractors, agents, servants or employees. CONTRACTOR further agrees to defend, indemnify and save harmless the CITY, its officers, agents, or employees from all such claims, fees, and from any and all suits and actions that may be brought against the CITY, its officers, agents, or employees for the infringement of any and all patents or patent rights claimed by any person, firm or corporation. The indemnification provided above shall obligate the CONTRACTOR to defend at his own expense or to provide for such defense, at the CITY'S option, any and all claims or liability and all suits and actions of every name and description that may be brought against the CITY, its officers, agents, or employees which may result from the operations and activities under this contract whether the work be performed by the CONTRACTOR, his subcontractor or by anyone directly or indirectly employed by either. This indemnification includes all costs and fees including attorney's fees and costs at trial and appellate levels. 9. This Agreement shall be considered null and void unless signed by both the CONTRACTOR and the CITY. 10. This Agreement may be terminated by cause by either party upon seven (7) RFP No. 2013 -32 Bond Counsel Services 2 days advanced written notice of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. CITY shall have the right to terminate this Agreement or suspend performance thereof without cause upon fourteen (14) days written notice to CONTRACTOR, and CONTRACTOR shall terminate or suspend performance of services on a schedule acceptable to the CITY or at the end of the fourteen (14) day period, at the option of the CITY. In the event of termination or suspension, the CITY shall pay CONTRACTOR for all services performed through the date of notice of termination or suspension. CONTRACTOR shall provide CITY with complete file of all accounts notified, up to the termination date, which remains unpaid. 11. The contract documents constitutes the entire agreement between the CITY and the CONTRACTOR and may only be altered, amended or repealed by a duly executed written instrument. RFP No. 2013 -32 Bond Counsel Services 3 IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the day and year first above written. ATTEST: City Clerk Approved as to form: City Attorney WITNESS: (Print or type name and title) RFP No. 2013 -32 Bond Counsel Services CITY OF DELRAY BEACH, FLORIDA Thomas F. Carney, Jr., Mayor CONTRACTOR: IYA (Print or type name and title) (SEAL) CORPORATE ACKNOWLEDGMENT STATE OF COUNTY of The foregoing instrument was acknowledged before me this day of , 20 , by officer or agent, title of officer or agent), of or place of incorporation) corporation, on behalf of the corporation. (name of (state He /She is (personally known to me) (or has produced identification) and has used his /her (type of identification) as identification. Signature of Person Taking Acknowledgment Name of Acknowledger Typed, Printed or Stamped RFP No. 2013 -32 Bond Counsel Services 5 CERTIFICATE (IF CORPORATION) STATE OF FLORIDA ) SS COUNTY OF ) HEREBY CERTIFY that a meeting of the Board of Directors of , a corporation under the laws of the State of held on , 20_, the following resolution was duly passed and adopted: "RESOLVED ", that , as President of the corporation, he /she is hereby authorized to execute the Agreement dated , 20_, between the City of Delray Beach, Florida and this corporation, and that his execution thereof, attested by the Secretary of the Corporation and with corporate seal affixed, shall be the official act and deed of this corporation ". I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the corporation this day of , 20_ (Secretary) (Seal) RFP No. 2013 -32 Bond Counsel Services 6 Category Rating Table Company Rater Experience /Capabilities Approach/Understanding Qualifications Cost Total of Key Personnel Greenberg Mr. Shutt 40 30 20 9 99 Traurig, P.A. Bryant Miller 39 29 19 9 96 Olive Greenberg Mr. Boyd 40 30 20 9 99 Traurig, P.A. Bryant Miller 40 30 20 9 99 Olive Greenberg Ms. O'Connor 40 30 20 9 99 Traurig, P.A. Bryant Miller 30 30 20 9 89 Olive 11Page MEMORANDUM TO: Mayor and City Commissioners FROM: Douglas E. Smith, Interim City Manager DATE: March 13, 2013 SUBJECT: AGENDA ITEM 10.G. - REGULAR COMMISSION MEETING OF MARCH 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 Ms. Giulia Pace being appointed as a regular member. This creates a vacancy for an alternate 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) alternate member. 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 individual has submitted an application and would like to be considered for appointment: Walter Cornell Principal A check for code violations and /or municipal liens was conducted. None were found. Voter registration verification was completed and he is registered. Based on the rotation system, the appointment will be made by Commissioner Morrison (Seat #1) for one (1) alternate member to serve an unexpired term plus a two (2) year term ending July 31, 2015. RECOMMENDATION Recommend appointment of one (1) alternate member to serve an unexpired term plus a two (2) year term ending July 31, 2015. 03/13 GREEN IMPLEMENTATION ADVANCEMENT BOARD TERM EXPIRES NAME & ADDRESS OCCUPATION 07/31/2015 Giulia Pace Vice President/ Investment Unexp Appt + 2 yr. Research 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 07/31/2015 Unexp Appt + 2 yn. Vacant S /City Clerk/Board 13 /Green Implementation Advancement Board MEMORANDUM TO: Mayor and City Commissioners FROM: Douglas E. Smith, Interim City Manager DATE: March 13, 2013 SUBJECT: AGENDA ITEM 10.H. - REGULAR COMMISSION MEETING OF MARCH 19, 2013 APPOINTMENT TO THE BOARD OF ADJUSTMENT ITEM BEFORE COMMISSION This item is before the City Commission for an appointment to the Board of Adjustment. BACKGROUND There is a vacancy on the Board of Adjustment due to the resignation of Ms. Isabelle Alarie. The term is unexpired ending August 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) alternate member. The Board of Adjustment shall consist of five (5) regular members. In addition, there shall be two (2) alternate members. To qualify for appointment, a person shall be either a resident of or own property in the City, and /or own a business within the City. The following individual has submitted an application and would like to be considered for appointment: Jess Sowards A check for code violations and /or municipal liens was conducted. None were found. Voter registration verification was completed and he is registered. Based on the rotation system, the appointment will be made by Commissioner Jacquet (Seat #2) for one (1) alternate member to serve an unexpired term plus a two (2) year term ending August 31, 2015. RECOMMENDATION Recommend appointment of one (1) alternate member to serve an unexpired term plus a two (2) year term ending August 31, 2015. BOARD OF ADJUSTMENT 03/13 TERM EXPIRES REGULAR MEMBERS OCCUPATION 08/31/13 Harvey Starin Real Estate Broker Appt 08/16/11 08/31/2014 Mel Pollack, Vice Chair Retired- Security Appt 08/19/09 alt Unexp Appt 02/16/10 reg Reappt09 /07/10 Reappt08 /21/12 08/31/2014 Dale Miller Interior Designer Appt 08/16/11 alt Unexp Appt 09/20/11 Reappt 08/21/12 08/31/2014 Allen Kilik, Chair Retired -CEO Unexp Appt 05/17/11 reg Unexp Appt 10/19/10 alt Reappt08 /21/12 08/31/2013 Michael Park Attorney Unexp Appt 06/07/11 Appt 08/16/11 reg ALTERNATES 08/31/13 Brenda Cullinan Unexp Appt 11/01/11 Retired 08/31/2015 Vacant Unexp Appt + 2 yrs. S /City Clerk/Board 13 /Board of Adjustment MEMORANDUM TO: Mayor and City Commissioners FROM: Douglas E. Smith, Interim City Manager DATE: March 13, 2013 SUBJECT: AGENDA ITEM 10.I. - REGULAR COMMISSION MEETING OF MARCH 19, 2013 APPOINTMENT TO THE CIVIL SERVICE BOARD ITEM BEFORE COMMISSION This item is before the City Commission for an appointment to the Civil Service Board. BACKGROUND The term for Mr. Larry Zalkin, regular member on the Civil Service Board, will expire on April 1, 2013. Mr. Zalkin will have served one (1) full term, is eligible and would like to be considered for reappointment. The term is for two (2) years ending April 1, 2015. Appointment is needed for one (1) regular member. According to the Civil Service Act, there are to be five (5) regular members on the Civil Service Board; three (3) of which are to be of different vocations or vocational backgrounds, not employed by the City in any capacity, official or otherwise and appointed by the City Commission. Eligible City employees elect two (2) regular members. In addition, there are two (2) alternate members. The appointee need not be a resident, property owner or business owner within the City. The following individuals have submitted an application and would like to be considered for appointment: Name Background Adam Reback Government Operations /Consultant (currently serving on the Neighborhood Advisory Council and the Nuisance Abatement Board) Alan Weitz Retired/Banking Larry Zalkin Financial Advisor Incumbent A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the appointment will be made by Mayor Carney (Seat #5) for one (1) regular member to serve a two (2) year term ending April 1, 2015. RECOMMENDATION Recommend appointnment of one (1) regular member to serve a two (2) year term ending April 1, 2015. CIVIL SERVICE BOARD 03/13 TERM EXPIRES REGULAR MEMBERS CURRENT OCCUPATION 07/01/2014 Keith Sonderling Appt 07/05/12 Attorney 07/01/2014 Carol Clark Retired /Accounting Appt 07/06/10 alt Clerk Appt 06/19/12 reg 04/01/2013 Larry Zalkin Financial Advisory Appt 04/05/11 04/25/2013 Jennifer Reynolds, Chairperson Elected 04/27/05 Network Engineer Re- elected 04/26/06 Re- elected 04/26/07 Re- elected 04/30/08 Re- elected 04/30/09 Re- elected 04/29/10 Re- elected 04/28/11 Re- elected 04/25/12 04/25/13 Chassler Holm, Vice Chairperson Utility Maintenance Elected 04/25/12 Supervisor ALTERNATES 07/01/2014 Kristin Christensen Financial Services Unexp Appt 08/21/12 04/25/2013 Michael Vinci Planner Elected 04/25/12 S /City Clerk /Board 13 /Civil Service MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: Douglas E. Smith, Interim City Manager DATE: March 11, 2013 SUBJECT: AGENDA ITEM 11.A. - REGULAR COMMISSION MEETING OF MARCH 19, 2013 RESOLUTION NO. 19 -13/ CONTRACT FOR SALE AND PURCHASE/ 125 N.W. 12TH AVENUE ITEM BEFORE COMMISSION Staff requests City Commission approval to sell Neighborhood Stabilization Program property located at 125 N.W. 12th Avenue, Delray Beach, FL 33444 to Azianne Zamor for the purchase price of Seventy Thousand Dollars and 00 /100 cents ($70,000) 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 property located at 125 NW 12th Avenue to Azianne Zamor for the purchase price of Seventy Thousand Dollars and 00 /100 cents ($70,000) or appraised value: THE NORTH 80 FEET OF THE WEST 150 FEET OF THE SOUTH 1/z OF THE NORTH 1/20F LOT 6, SECTION 17, TOWNSHIP 46 SOUTH, RANGE 43 EAST, LESS AND EXCEPT THE WEST 25 FEET THEREOF, AS RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA RECOMMENDATION Staff recommends City Commission approval to sell NSP property located at 125 NW 12th Avenue, Delray Beach, FL 33444 to Azianne Zamor for the purchase price of Seventy Thousand Dollars and 00 /100 cents ($70,000) or appraised value. RESOLUTION NO. 19 -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 125 NW 12th Avenue, Delray Beach, Florida 33444; 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 Azianne Zamor, as Buyer, for the purchase price of the lesser of Seventy Thousand Dollars and 00/100 cents ($70,000) or appraised value, said property being described as follows: THE NORTH 80 FEET OF THE WEST 150 FEET OF THE SOUTH 1/2 OF THE NORTH 1/2 OF LOT 6, SECTION 17, TOWNSHIP 46 SOUTH, RANGE 43 EAST, LESS AND EXCEPT THE WEST 25 FEET THEREOF, AS RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA Section 2. That the terms and conditions contained in the contract for sale and purchase and addenda thereto between the City of Delray Beach, Florida, and the Buyer as hereinabove named are incorporated herein as Exhibit "A ". PASSED AND ADOPTED in regular session on the day of , 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 Azianne Zamor ( "Buyer "), of 1601 Ilene Court, Delray Beach, FL 33445, hereby agree that the Seller shall sell and Buyer shall buy the following described Real Property and Personal Property (collectively "Property ") upon the following terms and conditions, which INCLUDE the Standards for Real Estate Transactions ( "Standard(s) "), attached hereto and riders and any addenda to this Contract for Sale and Purchase ( "Contract "): I. DESCRIPTION: (a) THE NORTH 80 FEET OF THE WEST 150 FEET OF THE SOUTH Y2 OF THE NORTH % OF LOT 6, SECTION 17, TOWNSHIP 46 SOUTH, RANGE 43 EAST, LESS AND EXCEPT THE WEST 25 FEET THEREOF, AS RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. P C N : 12-43-46-17-42-006-0230 (b) Address: 125 NW 12th Avenue, Delray Beach, FL 33444 PURCHASE PRICE .. ............................... US $70,000 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 30, 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 Y2 feet in width as to the side lines, unless otherwise specified herein); taxes for year of closing and subsequent years; assumed mortgages and purchase money mortgages, if any; provided, that there exists at closing no violation of the foregoing and none of them prevents the use of Real Property for residential purpose. VII. OCCUPANCY: Seller warrants that there are no parties in occupancy other than Seller, but if Property is intended to be rented or occupied beyond closing, the fact and terms thereof shall be stated herein, and the tenant(s) or occupants disclosed pursuant to Standard D. Seller agrees to deliver occupancy of Property at time of closing unless otherwise stated herein. If occupancy is to be delivered before closing, Buyer assumes all risk of loss to Property from date of occupancy, shall be responsible and liable for maintenance from that date, and shall be deemed to have accepted Property in their existing condition as of time of taking occupancy unless otherwise stated herein or in a separate writing. VIII. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions shall control all printed provisions of Contract in conflict with them. IX. ASSIGNABILITY: Buyer may not assign Contract. X. DISCLOSURES: (a) Radon is a naturally occurring radioactive gas that, when accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding Radon or Radon testing may be obtained from your County Public health unit. (b) Buyer may have determined the energy efficiency rating of the residential building, if any is located on the Real Property. XI. SPECIAL CLAUSES; ADDENDA: if additional terms are to be provided, they will be provided in the attached addenda. If there is an addenda, check here ,' CITY OF DELRAY BEACH, FLORIDA Azianne Zamor By: Thomas F. Carney, Jr. Mayor ATTEST: City Clerk Approved as to Form: City Attorney Br Date Print N me: Z - tits Date K By: _ Print Name: Date ATTEST: ADDENDUM TO CONTRACT FOR SALE AND PURCHASE SELLER: CITY OF DELRAY BEACH, FLORIDA BUYER: Azianne Zamor PROPERTY ADDRESS: 125 NW 12th Avenue, Delray Beach, FL 33444, XI. SPECIAL CLAUSES, ADDENDA (Continued): A. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT ( "FIRPTA" ): The parties shall comply with the provisions of Internal Revenue Code Section 1445 and applicable Treasury Regulations issued thereunder. If the Seller is a U.S. person for Internal Revenue Code Section 1445 purposes, then on demand of the Buyer and prior to closing the Seller shall provide the Buyer with a certificate of non - foreign status in the manner provided in Treasury Regulations Section 1.1445 -2. If the Seller provides the Buyer with such certificate, and if the Buyer is otherwise permitted to rely on such certificate under those Regulations, the Buyer shall not withhold under Internal Revenue Code Section 1445. If the Seller is a 'foreign person' as defined by the Internal Revenue Code, the Buyer generally is required to withhold 10% of the gross safes 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 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. 41 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: 642- El 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 Buyers 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 shail have the option of either accepting the title as it then is or demanding a refund of deposit(s) paid which shall immediately be returned to Buyer; thereupon Buyer and Seller shall release one another of all further obligations under the agreement. Seller will, if title is found unmarket- able, use diligent effort to correct defect(s) in title within the time provided therefor, including the bringing of necessary suits. B. Survey: Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine same, may have real property surveyed and certified by a registered Florida surveyor. If survey shows encroachment on real property or that improvements located on real property encroach on setback lines, easements, lands of others, or violate any restrictions, agreement covenants or applicable governmental regulation, the same shall constitute a title defect. C. Ingress and Egress: Seller warrants and represents that there is ingress and egress to the real property sufficient for the intended use as described herein, title to which is in accordance with Standard A. D. Leases: if applicable, Seller shall, not less than fifteen (15) days before closing, furnish to Buyer copies of all written leases and estoppel letters from each tenant specifying the nature and duration of the tenant's occupancy, rental rates, advanced rent and security deposits paid by tenant. If Seller is unable to obtain such letter from each tenant, the same information shall be furnished by Seller to Buyer within that time period in the form of a Seller's affidavit, and Buyer may thereafter contact tenants to confirm such information. Seller shall, at closing, deliver and assign all original leases to Buyer. E. Liens: Seller shall furnish to Buyer at time of closing an affidavit attesting to the absence, unless otherwise provided for herein, of any financing statements, claims of lien or potential lienors known to Seller and further attesting that there have been no improvements or repairs to property for ninety (90) days immediately preceding date of closing. If property has been improved, or repaired within that time, Seller shall deliver releases or waivers of mechanics' liens executed by all general contractors, subcontractors, suppliers, and materialmen in addition to Seller's lien affidavit setting forth the names of all such general contractors, subcontractors, suppliers and materialmen and further affirming that all charges for improvements or repairs which could serve as a basis for a mechanic's line or a claim for damages have been paid or will be paid at closing. F. Place of Closing: Closing shall be held in the county where real property is located, at the office of the attorney or other closing agent designated by Buyer. G. Time: Time is of the essence of this agreement. Time periods herein of less than six (6) days shall in the computation exclude Saturdays, Sundays and state or national legal holidays, and any time period provided for herein which shall end on Saturday, Sunday or legal holiday shall extend to 5:00 p.m. of the next business day. 5 H. Documents for Closing: Seller shall furnish deed, bill of sale, mechanic's lien affidavit, assignments of leases, tenant and mortgagee estoppel letters, and corrective instruments. Buyer shall furnish closing statement, mortgage, mortgage note, security agreement, and financial statements. L Expenses: Documentary stamps on the warranty deed and recording corrective instruments and the warranty deed shall be paid by Buyer. J. Prorations; credits: Taxes, assessments, rent, interest, insurance and other expenses and revenue of property shall be prorated through day before closing. Buyer shall have the option to taking over any existing policies of insurance, if assumable, in which event premiums shall be prorated. Cash at closing shall be increased or decreased as may be required by prorations. Prorations will be made through day prior to occupancy if occupancy occurs before closing. Advance rent and security deposits will be credited to Buyer and escrow deposits held by mortgagee will be credited to Seller. Taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and other exemptions. If closing occurs at a date when the current year's millage is not fixed, and current year's assessments is available, taxes will be prorated based upon such assessment and the prior year's millage. If current year's assessment is not available, then taxes will be prorated on the prior year's tax. If there are completed improvements on real property by January 1st of year of closing which improvements were not in existence on January 1st of the prior year then taxes shall be prorated based upon the prior year's millage and at an equitable assessment to be agreed upon between the parties, failing which, request will be made to the County Property Appraiser for an informal assessment taking into consideration available exemptions. Any tax proration based on an estimate may, at request of either Buyer or Seller, be subsequently readjusted upon receipt of tax bill on condition that a statement to that effect is in the closing statement. K. Special Assessment Lions: Certified, confirmed and ratified special assessment liens as of date of closing (and not as of Effective Date) are to be paid by Seller. Pending liens as of date of closing shall be assumed by Buyer. If the improvement has been substantially completed as of Effective Date, such pending lien shall be considered as certified, confirmed or ratified and Seller shall, at closing, be charged an amount equal to the last estimate of assessment for the improvement by the public body. L. Risk of loss: If the property is damaged by fire or other casualty before closing and cost of restoration does not exceed the purchase price of the property so damaged, cost of restoration shall be an obligation of the Seller and closing shall proceed pursuant to the term so the agreement with restoration costs escrowed at closing. If the cost of the restoration exceeds three percent (3 %) of the assessed valuation of the improvements so damaged, Buyer shall have the option of either taking property as is, together with either the three percent (3 %) or any insurance proceeds payable by virtue of such loss or damage, or of canceling the agreement and receiving return of deposit(s). M. Escrow: Any escrow agent ( "Agent ") receiving funds or equivalent is authorized and agrees by acceptance of them to deposit them promptly, hold same in escrow and, subject to clearance, disburse them in accordance with terms and conditions of agreement. Failure of clearance of funds shall not excuse Buyer's performance. -If in doubt as to Agent's duties or liabilities under the provisions of agreement, Agent may, at Agent's option, continue to hold the subject matter of the escrow until the parties mutually agree to its disbursement, or until a judgment of a court of competent jurisdiction shall determine the rights of the parties or Agent may deposit with the clerk of the circuit court having jurisdiction of the dispute. Upon notifying all parties concerned of such action, all liability on the part of Agent shall fully terminate, except to the extent of accounting for any items previously delivered out of escrow. If a licensed real estate broker, Agent will comply with provisions of Chapter 475, F.S. (1987), as amended. Any suit between Buyer and Seller where Agent is made a party because of acting as Agent hereunder, or in any suit wherein Agent interpleads the subject matter of the escrow, Agent small recover reasonable attorney's fees and costs incurred with the fees and costs to be charged and assessed as XV court costs in favor of the prevailing party. Parties agree that Agent shall not be liable to any party or person for misdelivery to Buyer or Seller of items subject to this escrow, unless such misdelivery is due to willful breach of contract or gross negligence of Agent. N. Failure of Performance: If Buyer fails to perform this Contract within the time specified Seller shall be relieved of all obligations under Contract. If, for any reason other than failure of Seller to make Seller's title marketable after diligent effort, Seller fails, neglects or refuses to perform this Contract, the Buyer may seek specific performance or elect to receive the return of Buyer's deposit(s) without thereby waiving any action for damages resulting from Seller's breach. O. Agreement Not Recordable; Persons Bound; Notice: Neither this agreement nor any notice of it shall be recorded in any public records. This agreement shall bind and inure to the benefit of the parties and their successors in interest. Whenever the context permits, singular shall include plural and one gender shall include all. Notice given by or to the attorney for any party shall be as effective as if given by or to that party. P. Conveyance: Seller shall convey the property by way of Quit Claim Deed subject to an easement for any utilities that may exist and lie on the property. Q. Other Agreements. No prior or present agreements or representations shall be binding upon Buyer or Seller unless included in this Contract. No modification or change in this Contract shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. R. Warranties: Seller warrants that there are no facts known to Seller materially affecting the value of the real property which are not readily observable by Buyer or which have not been disclosed to Buyer. 7 SECOND ADDENDUM TO CONTRACT FOR SALE AND PURCHASE Buyer: Azianne Zamor Seller: The City of Delray Beach Property: THE NORTH 80 FEET OF THE WEST 150 FEET OF THE SOUTH Y2 OF THE NORTH Y2 OF LOT 6, SECTION 17, TOWNSHIP 46 SOUTH, RANGE 43 EAST, LESS AND EXCEPT THE WEST 25 FEET THEREOF, AS RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. 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. (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. Page 1 of 3 Purchaser's Acknowledgment (Initial) X (c) Purchaser has received copies of all information above. X (d) Purchaser has received the pamphlet Protect Your Family from Lead in your Home X (e) Purchaser has (check one below): Received a 10 -day opportunity (or mutually agreed upon period) to conduct a risk assessment or inspection for the presence of lead -based paint and /or lead -based paint hazards; or Waived the opportunity to conduct risk assessment or inspection for the presence of lead -based paint hazards. Agent's Acknowledgment (Initial) (f) Agent has informed Seller of the Seller's obligations under 42 U.S.C.4852 (d) and is unaware of his /her responsibility to ensure compliance. Certification of Accuracy The following parties have reviewed the information above and certify, to the best of their knowledge, that the information they have provided is true and correct. PROPERTY TAX DISCLOSURE SUMMARY: BUYER SHOULD NOT RELY ON THE SELLER'S CURRENT PROPERTY TAXES S THE AMOUNT OF PROPERTY TAXES THAT THE BUYER MAY BE OBLIGATED TO PAY IN THE YEAR SUBSEQUENT TO PURCHASE. A CHANGE OF OWNERSHIP OR PROPERTY IMPROVEMENTS TRIGGERS THE ASSESSMENT OF THE PROPERTY THAT COULD RESULT IN HIGHER PROPERTY TAXES. IF YOU HAVE NAY QUESTIONS CONCERNING VALUATION, CONTACT THE COUNTY PROPERTY APPRAISER'S OFFICE FOR INFORMATION. 2. With respect to Standard (A), if title is found defective, Seller may, but shall have no obligation, to render title marketable. In the event Seller does not render title marketable within thirty (30) days after the date of Buyer's notice to Seller advising the Seller of the defects in title, Buyer shall have the option of either cancelling this Contract and receiving a refund of the deposits paid, or to accept title as is and close. 3. Seller has agreed to convey the Property to Buyer under the assumption that there are no liens, encumbrances, mortgages, assessments or other evidences of debt (hereinafter collectively referred to as "liens and encumbrances ") which must be paid by Seller at closing. In the event Buyer determines that there are liens and encumbrances, Seller shall have the option of paying off the liens and encumbrances at closing, failing which, Buyer may pay the liens or encumbrances, Buyer may cancel this Contract and receive a refund of its deposit, or Buyer may accept title as is subject to the liens and encumbrances and close. 4. With respect to Standard (L), if the Property is damaged by fire or other casualty before closing, Seller may elect to restore the Property, failing which, Buyer shall accept the physical condition of the Property as is or Buyer may cancel this Contract and receive a refund of its deposit. Page 2 of 3 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 ". 6. With respect to Paragraph (V) of the Contract, the transaction shall be closed and the deed and other closing documents delivered on or before thirty (30) days after Buyer has determined the Property condition is satisfactory to Buyer pursuant to Paragraph (XI) (B) of the Contract. 7. Buyer accepts Property AS IS in its present physical condition, subject to any violations of governmental, building, environmental and safety codes, restrictions or requirements and shall be responsible for any and all repairs and improvements required. Seller makes no representation or warranty relating to the physical condition of or title to the Property. 8. Standard (R) of the Contract is hereby deleted. 9. The terms and conditions of this Second Addendum control over any conflicting terms and conditions contained in the Contract or any the other Addendum to the Contract. Azianne Zamor, Purchaser F--W 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 1St Avenue Delray Beach, Florida 33444 LAND USE RESTRICTION AGREEMENT AND DEED RESTRICTIONS FOR: CITY OF DELRAY BEACH NEIGHBORHOOD STABILIZATION PROGRAM THIS LAND USE RESTRICTION AGREEMENT AND DEED RESTRICTIONS (hereinafter Agreement) is made and entered into by and between the City of Delray Beach, a City existing by and under the laws of the State of Florida (hereinafter referred to as the "City ") and Azianne Zamor (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 125 NW 12t Avenue, Defray Beach, Florida 33444. NOW, THEREFORE, in consideration of the above premises and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Owner agrees to sell the Property as a primary residence to an eligible buyer which shall remain as an owner - occupied residential unit by the Buyer for a minimum of 15 years from the date of purchase. 2. Owner covenants and agrees that Owner will not lease, convey or encumber the Property without the consent of the City while the restrictions provided herein remain in effect. 3. If Owner defaults in the performance of any obligation under the Mortgage and Note dated or restrictions set forth herein, and if such default remains uncured for a period of one hundred twenty (120) days after written notice thereof has been given by City, City shall be entitled to apply to any court having jurisdiction of the subject matter for specific performance of this Agreement, for the appointment of a receiver or successor to take over and operate the Property in accordance with the terms of this Agreement, or for such other relief, including monetary, as may be appropriate and as such court deems just, equitable, and reasonably required to effectuate the terms of this Agreement. 4. Owner represents and warrants to City: a. Owner has validly executed this Agreement and the same constitutes the binding obligation of the owner. Owner has full power, authority and capacity to enter into this Agreement, to carry out the Owner's obligations as described in this Agreement, and to assume responsibility for compliance with all applicable local, state, and federal rules and regulations. b. To the best of Owner's knowledge, the making of this Agreement and the Owner's obligations hereunder: i. will not violate any contractual covenants or restrictions between Owner or any third party, or affecting the Property; ii. will not conflict with any of the instruments that create or establish Owner's authority; iii. will not conflict with any applicable public or private restrictions; iv. do not require any consent or approval of any public or private authority which has not already been obtained; and v. are not threatened with invalidity or unenforceability by any action, proceeding, or investigation, pending or threatened, by or against Owner without regard to capacity, any person with whom Owner may be jointly or severally liable, or the Property or any part thereof. c. There is no litigation pending or proceeding known or, to the best of Owner's knowledge, threatened against Owner which, if adversely determined, could individually or in the aggregate have an adverse affect on title to or the use and enjoyment or value of the Property, or any portion thereof, or which could in any way interfere with the consummation of this Agreement. There is not pending or, to Owner's best knowledge, threatened against Owner any case or proceeding or other action in bankruptcy, whether voluntary or otherwise, any assignment for the benefit of creditors, or any petition seeking reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief for Owner under any present or future federal, state, or other statute, law, or regulation relating to bankruptcy, insolvency, or relief from debtors. 5. Notices required to be given by this Agreement shall be in writing, by certified mail through the United States Postmaster, with copies to be mailed as set forth below. Required certified mail shall also have return receipt requested, addressed to the persons and places specified for giving notice below. Revisions to the names or addresses of those parties to receive notice may be made by either party by providing notice to the other party as provided herein. This in no way impacts the requirement to provide notice to the City of Delray Beach City Commission and to the City Attorney in the manner outlined above. Notice shall be forwarded to the following: For the City: Mayor City of Delray Beach 100 NW 1st Avenue Delray Beach, Florida 33444 With copies by U.S, mail to: City of Delray Beach Neighborhood Service Administrator Neighborhood Services Division 100 NW 15t Avenue Delray Beach, Florida 33444 Director Community Improvement Department 100 NW 1st Avenue Delray Beach, Florida 33444 For the Owner: Azianne Zamor 125 NW 12th Avenue Delray Beach, Florida 33444 6. The Owner and City agree that both parties have played an equal and reciprocal part in the drafting of this Agreement and, therefore, no provisions of this Agreement shall be construed by any court or other judicial authority against any party hereto because such party is deemed to have drafted or structured such provisions. 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: �A?U ly - &V i �v Print Name: tldqor Title: Phone Number: Dater f C/ Jo / 13 ATTEST: CITY Office of City Clerk CITY OF DELRAY BEACH, FLORIDA by and through its City Commission By: By: Mayor Date of Execution: Attachment A Real property located at 125 NW 12th Avenue, Delray Beach, Florida 33444 generally described as: THE NORTH 80 FEET OF THE WEST 150 FEET OF THE SOUTH %z OF THE NORTH 1/z OF LOT 6, SECTION 17, TOWNSHIP 46 SOUTH, RANGE 43 EAST, LESS AND EXCEPT THE WEST 25 FEET THEREOF, AS RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. MEMORANDUM TO: Mayor and City Commissioners FROM: Scott Pape, AICP, FCP, Senior Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: March 13, 2013 SUBJECT: AGENDA ITEM 12.A. - REGULAR COMMISSION MEETING OF MARCH 19, 2013 ORDINANCE NO. 07-13 ITEM BEFORE COMMISSION The action request of the City Commission is consideration of a privately a privately- initiated rezoning from AC (Automotive Commercial) to PC (Planned Commercial) for Delray Market Place (formerly Ralph Buick) located on the east side of Federal Highway and west of Florida Boulevard at 2501 South Federal Highway. BACKGROUND The subject property is located on the east side of Federal Highway and the west side of Florida Boulevard west of the intersection of Florida Boulevard and Dogwood Drive. The property is the former location of Ralph Buick, and measures 6.18 acres which contains 3 existing unoccupied buildings. In October 2005 a rezoning request was submitted by New Century Development Group. At its meeting of January 2, 2006, the City Commission approved the rezoning of the Ralph Buick property from AC (Automotive Commercial) to GC (General Commercial). The approval of the rezoning was associated with a development proposal for a mixed -use development, which was to be known as Royal Palm Club that consisted of 13,781 square feet of retail floor area, 13,900 square feet of office floor area, 16 condominium dwelling units, and 59 townhouse dwelling units. The stand -alone townhome component of that project was a conditional use within the GC district, and was approved by the City Commission at its April 4, 2006 meeting. At its May 24, 2006 meeting, the Site Plan Review and Appearance Board (SPRAB) approved the Class V site plan to establish the Royal Palm Club project. The construction of this project never commenced and the site plan and Conditional Use approvals expired. At its meeting of April 15, 2008, the City Commission approved the rezoning of the Ralph Buick property from GC back to AC. This rezoning was sought to remarket the site for automotive use. At its meeting of September 7, 2010, the City Commission considered and approved on first reading an ordinance to rezone the property from AC back to GC. This privately initiated rezoning was associated with a proposed Wal -Mart on the subject property. The applicant withdrew the application prior to second reading of the ordinance and the property retains the AC zoning designation. At its meeting of September 20, 2012, the City Commission adopted the South Federal Highway Redevelopment Plan. The plan indicates that a commercial shopping center or a mixed -use development and a zoning designation of PC is appropriate for this property. REVIEW BY OTHERS At its meeting of February 25, 2013, the Planning and Zoning Board considered the application to rezone the property from AC to PC and recommended approval by a 5 — 1 vote (Franciosa dissenting, Pierre -Louis absent). There were several people that expressed concern with respect to the proposed rezoning indicating opposition to a potential flea market. A specific development plan is not part of this request and a PC versus AC zoning is more appropriate for this parcel. Further, if a specific use follows, required findings would have to be made at that time. Further, in the case of a flea market a Conditional Use Approval in addition to a site development approval is required. RECOMMENDATION Move approval of the privately initiated rezoning from AC to PC for the subject property, 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 South Federal Highway Redevelopment Plan and meets the criteria set forth in Sections 2.4.5(D)(5), 3. 1.1 and 3.2.2 of the Land Development Regulations. ORDINANCE NO. 07 -13 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING LAND PRESENTLY ZONED AC (AUTOMOTIVE COMMERCIAL) DISTRICT TO PC (PLANNED COMMERCIAL) DISTRICT; SAID LAND BEING A PARCEL LOCATED AT THE NORTHEAST CORNER OF SOUTH FEDERAL HIGHWAY (U.S. HIGHWAY NO. 1) AND FLADELL' S WAY (AVENUE "F "), AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, JANUARY, 2012 "; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated January 2012 as being zoned AC (Automotive Commercial) District; and WHEREAS, at its meeting of February 25, 2013, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 5 to 1 to recommend that the property hereinafter described be rezoned, based upon positive findings; and WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the changes are consistent with and further the 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; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, be amended to reflect the revised zoning classification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Zoning District Map of the City of Delray Beach, Florida, be, and the same is hereby amended to reflect a zoning classification of PC (Planned Commercial) District for the following described property: Lots 12 through 22, inclusive, less the west 38 feet thereof, Block 22; Lots 23 through 33, inclusive, Block 22; all of Block 23, less the west 38 feet thereof, Lots 1 through 10, inclusive, and Lots 57 through 66, inclusive, Block 35; and Lots 12 through 33, inclusive, Block 36, all lying in "Del -Raton Park ", according to the Plat thereof as recorded in Plat Book 14, Page 9, Public Records of Palm Beach County, Florida. Together With That portion of Frederick Boulevard lying adjacent to and east of the east line of Lots 11 through 20, Block 23, and Lots 23 through 33, Block 22, and adjacent to and west of the west line of Lots 1 through 10, Block 35, and Lots 12 through 22, Block 36, of "Del -Raton Park ", according to the Plat thereof as recorded in Plat Book 14, Page 9, Public Records of Palm Beach County, Florida. Together With That part of the right -of -way of Avenue "E ", according to the Plat of "Del -Raton Park ", recorded in Plat Book 14, Page 9, Public Records of Palm Beach County, Florida, said part being bounded as follows: On the west by the present easterly right -of -way of U.S. Highway 1 (S.R.5); on the east by the westerly right -of -way line of Florida Boulevard, as shown on said plat; on the north by Blocks 22 and 36 of said Plat by a portion of the abandoned right -of -way of Frederick boulevard; on the south by Blocks 23 and 35 of said Plat and by a portion of the abandoned right -of -way of Frederick Boulevard. Section 2. That the Planning and Zoning Director of the said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with the provisions of Section 1 hereof. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That this ordinance shall become effective immediately upon passage on second and final reading. 2 ORD NO. 07 -13 PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2013. ATTEST City Clerk First Readi Second Reading MAYOR ORD NO. 07 -13 x C7 x — ALLAMANDA DRIVE J 7 Q ltl J X m I- � Q BANYAN DRIVE AVE, C CYPRESS DRIVE P. " DOGWOOD DRIVE ,n w N DE 's Q WAYw,w EVERGREEN .1 TRANSPORTATIO N a= LN. AVENUE G > Ld J Q FERN DRIVE LA _MAT AVENUE z LA -MAT AVENUE °o m ARDENIA DRIVE Y U bi w AVENUE H ° x ° U_ J m HYACINTH DRIVE Q cr O J_ Q F -- DIG17AL BASE MAP SY57EM -- MAP REF: S: \Planning & Zoning \DBMS \File — Cab \Z —LM 1001- 1500 \LM13B2 —Ralph Buick — Delray Marketplace N RALPH BUICK- DELRAY MARKETPLACE PROPERTY PLANNING AND ZONING DEPARTMENT LOCATION MAP .... liril�i��ii ■I eflum \_■ y. - SUBJECT ��•;"''. RALPH l MARKETPLACE PROPERTY 17 Y.0 J 1" e t DEPARTMENT MAP .: .. 0. Eiulck—Delroy Marketplace PLANNING AND ZONING BOARD CITY OF DELRAY BEACH MEETING DATE AGENDA ITEM: February 25, 2013 IV.A. -- -STAFF REPORT - -- ITEM: Rezoning from AC (Automotive Commercial) to PC (Planned Commercial) for a 6.18 acre Parcel of Land Located on the northeast corner of South Federal Highway and Fladell's Way, formerly Ralph Buick Dealership. GENERAL DATA: Owner ...... ............................... Delray Auto Investors 1, Inc. Agent/ Applicant ...................... Bonnie Miskel, Esq. Location ... ............................... Northeast corner of South Federal Highway and Fladell's Way Property Size .......................... 6.18 Acres Land Use Map Designation.... General Commercial Existing City Zoning ................ AC (Automotive Commercial) Proposed City Zoning ............. PC (Planned Commercial) Adjacent Zoning ............ North: PC (Planned Commercial) and RM (Medium Density Residential) East: RM South: SAD (Special Activities District) and RM West: AC Existing Land Use .................. Vacant buildings (prior auto dealership) Proposed Land Use ................ Rezoning of the parcel from AC to PC Water Service,.... .................... Available via connection to an existing 16" along Federal Highway and 10" water main within Florida Boulevard. Sewer Service ........................ Available via connection to an existing 8" sewer main within Florida Boulevard. IV.A. The action before the Board is making a recommendation to the City Commission on a privately- initiated rezoning from AC (Automotive Commercial) to PC (Planned Commercial), pursuant to LDR Section 2.4.5(D). The subject property is located on the east side of Federal Highway and west of Florida Boulevard at 2501 South Federal Highway and measures 6.18 acres. Pursuant to Section 2.2.2(E)(6) of the Land Development Regulations, the Planning and Zoning Board shall review and make a recommendation to the City Commission with respect to the rezoning of any property within the City. The subject property is located on the east side of Federal Highway and the west side of Florida Boulevard west of the intersection of Florida Boulevard and Dogwood Drive. The property is the former location of Ralph Buick, and measures 6.18 acres with 3 existing buildings. The buildings are not occupied. In October 2005 a rezoning request was submitted by New Century Development Group. At its meeting of January 2, 2006, the City Commission approved the rezoning of the Ralph Buick property from AC (Automotive Commercial) to GC (General Commercial). The approval of the rezoning was associated with a development proposal for a mixed -use development, which was to be known as Royal Palm Club that consisted of 13,781 square feet of retail floor area, 13,900 square feet of office floor area, 16 condominium dwelling units, and 59 townhouse dwelling units. The stand -alone townhome component of that project was a conditional use within the GC district, and was approved by the City Commission at its April 4, 2006 meeting. At its May 24, 2006 meeting, the Site Plan Review and Appearance Board (SPRAB) approved the Class V site plan to establish the Royal Palm Club project. The construction of this project never commenced and the site plan and Conditional Use approvals expired. At its meeting of April 15, 2008, the City Commission approved the rezoning of the Ralph Buick property from GC back to AC. This rezoning was sought to remarket the site for automotive use. At its meeting of September 7, 2010, the City Commission considered and approved on first reading an ordinance to rezone the property from AC back to GC. This privately initiated rezoning was associated with a proposed Wal -Mart on the subject property. The applicant withdrew the application prior to second reading of the ordinance and the property retains the AC zoning designation. An application has been submitted to rezone the property from AC to PC, in association with a proposal to establish a flea market/merchandise mart type of retail use. This use will require an additional approval of a conditional use and is not part of this rezoning request. The proposal is to change the zoning designation of the property from AC (Automotive Commercial) to PC (Planned Commercial). The proposed rezoning would allow for the redevelopment of the property to numerous uses such as commercial plazas, retail, restaurant, IV.A. P & Z Staff Report — February 25, 2013 Ralph Buick (Delray Market Place) — Rezoning from AC to PC Page 2 and office uses. Several types of Conditional Uses are also allowed, however, these will require additional approval processing. IN 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 Future Land Use Map, Concurrency, Comprehensive Plan Consistency and Compliance with the Land Development Regulations. 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 (FLUM) designation of GC (General Commercial and is currently zoned AC (Automotive Commercial). The proposed PC (Planned Commercial) zoning designation is consistent with the GC Future Land Use Map designation and would allow for numerous commercial uses. Based upon the above, positive findings can be made with respect to Future Land Use Map Consistency. Concurrency: 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 in order to maintain the Levels of Service Standards established in Table CI -GOP -1 of the adopted Comprehensive Plan of the City of Delray Beach. The proposal involves amending the zoning designation from AC to PC. The property is approximately 6.18 acres. The proposed rezoning will have impacts on adopted concurrency standards. Concurrency findings with respect to Water and Sewer, Drainage, Parks and Recreation, Solid Waste, Schools, and Traffic are discussed below; Water & Sewer: Water and sewer service is currently available to the subject property. The Delray Beach Water Treatment Plant and the South Central County Waste Water Treatment Plant both have adequate capacity to serve the City at build out. An existing 16" main along Federal Highway and a 10" water main along Florida Boulevard, and an 8" sewer main are available along Florida Boulevard. Based upon the above, positive findings can be made with respect to this level of service standard. Drainage: With a rezoning request drainage plans are not required. The storm water retention will be reviewed during the site plan application process. There are no problems anticipated with retaining drainage on site and obtaining a South Florida Water Management District permit. Parks and Recreation: The Open Space and Recreation Element of the City's Comprehensive Plan indicates in its conclusion that "The City will have sufficient recreation facilities at build -out IV.A. P & Z Staff Report — February 25, 2013 Ralph Buick (Delray Market Place) — Rezoning from AC to PC Page 3 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 dwelling unit for parks and recreation purposes. A development proposal has not been submitted concurrent with the rezoning. Thus, if future redevelopment of the property would include a residential component this fee would apply. The applicant has indicated that a "retail center" is proposed, but no details on this development have been submitted. Solid Waste: The former use as an automotive dealership produced 440.40 tons of solid waste. As noted above, a development proposal has not been submitted concurrent with the rezoning application. Therefore, a comparative analysis cannot be conducted at this time and will need to be conducted at the time a development proposal is submitted. The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals until the year 2021, thus a positive finding with respect to this level of service standard can be made. Schools: The Palm Beach County School District must approve the concurrency of a development that contains a residential component with the adopted Level of Service for School Concurrency. This development proposal has not yet been submitted and a finding of concurrency will need to be made at the time a development proposal is received if a residential component is proposed. Traffic: The applicant needs to provide a site specific traffic study when a development proposal is submitted. Based on the average daily trip volume, verification needs to be submitted at the time of site plan approval that the specific development does not exceed a Level of Service "D" for Federal Highway. The applicant needs to also provide a traffic impact analysis for Linton Boulevard and S.E. 10th Street intersections. Consistency: A finding of overall consistency may be made even though the action will be in conflict with some individual performance standards contained within Article 3.2, provided that the approving body specifically finds that the beneficial aspects of the proposed project (hence compliance with some standards) outweighs the negative impacts of identified points of conflict. Section 3.2.2 (Standards for Rezoning Actions) : Standards A and B are not applicable, The applicable performance standards of Section 3.2.2 are as follows: (C) Zoning changes that would result in strip commercial development shall be avoided. Where strip commercial zoning developments or zoning currently exists along an arterial street, consideration should be given to increasing the depth of the commercial zoning in order to provide for better project design. (D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land use both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. N.A. P & Z Staff Report — February 25, 2013 Ralph Buick (Delray Market Place) — Rezoning from AC to PC Page 4 The following table identifies the zoning designations and uses that are adjacent to the subject property: Zoning Designation North: Planned Commercial (PC) and Medium Density Residential (RM) South: Special Activities District (SAD) and Medium Density Residential (RM) East: Medium Density Residential (RM) West: Automotive Commercial (AC) Use: Dumar Shopping Plaza and Residential Commercial and Residential Multi - Family Developments Automobile Dealerships The proposal will rezone 6.18 acres from AC to PC. Since the FLUM designation for the subject property and the surrounding areas to the west, north, and south is GC, there are no compatibility issues. The PC zoning district allows for a variety of uses such as retail, office, residential, and restaurants. As noted previously, the applicant has not submitted a development proposal for the property. Since the City has included residential as an allowed use in the PC district, it is recognized that residential uses are not inherently incompatible with this zoning district. It is intended that compatibility can be achieved through compliance with the City's buffering requirements within the Land Development Regulations. Further, given the size and depth of the property, it is unlikely that strip commercial development will result from the rezoning of the property. Based upon the above, positive findings with regard to LDR Section 3.2.2(C) and (D) can be made. Section 2.4.5(D)(5) (Rezoning Findings): Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of Chapter 3, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: a. That the zoning had previously been changed, or was originally established, in error; b. That there has been a change in circumstances which make the current zoning inappropriate; C. That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The applicant has submitted a justification statement, which states the following: `Delray US1 Marketplace, LLC ( "Petitioner) proposes to develop a retail center to house individual commercial tenants ( "Project") on the +A 6.18 acre former Ralph Buick site at 2501 S. Federal Highway, located generally on Federal Highway south of Linton Boulevard ( "Property') within the City of Delray Beach ( "City'). The Property is currently zoned AC (Automotive Commercial) and.the Future Land Use Designation is GC (General Commercial). In order to develop the Property with the Project, Petitioner proposes a zoning change to PC (Planned Commercial). On September 20, 2012, the City Commission adopted the South Federal Highway Redevelopment Plan ( "Plan'), which specifically targets the Property as one that is ripe for redevelopment through a zoning W.A. P & Z Staff Report -- February 25, 2013 Ralph Buick (Delray Market Place) — Rezoning from AC to PC Page 5 change to PC (Planned Commercial). The Plan states, "Staff still feels that the best zoning for this parcel is PC (Planned Commercial) and that recommendation has been included as a component of this Plan," (Plan Implementation, p. 17). The purpose of the Plan is to guide future development in order to meet the intent of the Future Land Use Element Policy C -1,12, while also providing for the type and intensity of uses that are appropriate based upon the location of the property and the nature of surrounding uses. This Rezoning request complies with the intent and purpose of the Plan, and provides for the redevelopment of a vacant car dealership with a retail center that will enhance the South Federal Highway corridor while also increasing the City's tax base with the addition of an exciting, new commercial development. In accordance with Land Development Regulations Sec. 2.4.5(D)(2), Petitioner will demonstrate (1) that there has been a change in circumstances which makes the current zoning inappropriate and (2) the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the Property based upon circumstances particular to the site and /or neighborhood. (1) There has been a change in circumstances which makes the current zoning inappropriate. There has been a change in circumstances which makes the current zoning inappropriate. In response to the downturn in the economy, several car dealerships within the City have struggled and even closed their doors. These vacant parcels become dumping grounds for debris, as well as the source of code violations. Prior to the Petitioner taking control of the site, the Property was overgrown, subjected to graffiti with vagrants occupying the Property. The adoption of the Plan envisioned the vacant properties within the City, most of which are part of automotive dealerships which have either closed or no longer need portions of their property (Existing Conditions, p. 9), to become more vibrant retail areas serving residents along the South Federal Highway Corridor. The former Ralph Buick is one of these blighted parcels. In order to respond to changing circumstances and the adoption of the Plan, Petitioner requests this Rezoning to allow redevelop of the Property with a use that is more appropriate to the current economic climate. The Project will serve the residents of the City, as well as attract visitors to the City because of the prime location near the Interstate 95 and Linton Boulevard Interchange. (2) The requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the Property based upon circumstances particular to the site and /or neighborhood. The requested zoning is of similar intensity as allowed under the Future Land Use Map. As noted above, the Property has a Future Land Use Designation of GC (General Commercial). According to the City's Comprehensive Plan, property with a GC designation should be developed for general commercial purposes, e.g_ retail, office, services. Petitioner's Project is a retail use and thus the type of development encouraged within the GC district. Further, the PC zoning designation is more appropriate for the Property based upon circumstances particular to the site and neighborhood. As previously noted, the AC zoning designation is no longer appropriate for the Property. The Property has been vacant for over five (5) years as a result of the limitations of the current AC zoning designation. As such, Petitioner requests the PC designation in order to have increased flexibility in redeveloping the Property, more specifically, the ability to develop the Property with the proposed retail center. Residents in the surrounding neighborhood will be able to utilize the proposed retail development, while a vacant and blighted parcel will be redeveloped into an attractive commercial center" As the applicant states, there does appear to be at feast a short -term deficiency in demand for automotive sales facilities by evidence that the dealership has remained vacant for an extensive period of time. The City Commission recently adopted the South Federal Highway Redevelopment Plan. The plan indicates that a commercial shopping center or a mixed -use development and a zoning designation of PC is appropriate for this property. Thus, the proposed rezoning complies with reasons "b" and "c" given market trends, implementation of the redevelopment plan, and consistency with the Future Land Use Map designation. N.A. P & Z Staff Report — February 25, 2013 Ralph Buick (Delray Market Place) -- Rezoning from AC to PC Page 6 COMPREHENSIVE PLAN POLICIES: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objectives and policies are noted. Future Land Use Element Objective A -1: Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate in terms of soil, topographic and other applicable physical considerations; is complimentary to adjacent land uses; and fulfills remaining land use needs. The proposed rezoning of the property to PC will allow many uses which can be developed with intensities that are appropriate with respect to the soil, topography, or other applicable physical considerations. As noted previously, there are no compatibility concerns relating to permitted uses under this zoning district with respect to the surrounding commercial properties along Federal Highway. Future uses as currently suggested by this applicant and allowed only as Conditional Uses will be assessed on a case -by -case basis during the Conditional Use approval process. The City's Land Development Regulations do contain buffer requirements that help address potential nuisances that the commercial property may generate to adjacent residential neighborhoods. It is noted that these development regulations are better addressed as part of the site plan process. Required Findings concerning compatibility for the rezoning can be made at this time with findings relating to specific uses deferred to site specific proposals as part of the conditional use or site plan processes. Policy A -2.4: Automobile uses are a significant land use within the City and as such they have presented unique concerns. In order to properly control these uses and guide them to locations which best suit the community's future development, the following apply: 4) Automobile dealerships shall be directed in the following areas: • North of George Bush Boulevard, between Federal and Dixie Highway; • East side of Federal Highway north of the north property line of the Delray Swap Shop /Flea Market; • South of Linton Boulevard, between Federal and Dixie Highway; • Between the one -way pairs (Federal Highway), from S.E. 4th Street to S.E. 10th Street; and from N.E. 5th Street to George Bush Boulevard; • On the north side of Linton Boulevard; between 1 -95 and S.W. 10th Avenue, and Wallace Drive. The proposed rezoning of the property to PC would support this policy since it would remove the AC zoning designation from the east side of Federal Highway. While the above policy does not prohibit auto uses in this area, it does not identify this area as a preferred location for this type of use. This rezoning is also consistent with the stated direction of the South Federal Highway Redevelopment Plan. Based on the above, a finding of consistency can be made with respect to the Delray Beach Comprehensive Objectives, Policies, and Goals. As stated previously, the proposed rezoning is consistent with the South Federal Highway Redevelopment Plan goal of transitioning away from auto related uses to more sustainable commercial and mixed uses. IV.A. P & Z Staff Report — February 25, 2013 Ralph Buick (Delray Market Place) — Rezoning from AC to PC Paae 7 ➢ Neighborhood Advisory Council ➢ Progressive Residents of Delray (PROD) ➢ Presidents Council ➢ Captain's Walk ➢ Eastview Village ➢ Tropic Bay ➢ Tropic Harbor ➢ Tropic Isle Civic Association ➢ Tropic Palms ➢ Pelican Harbor ➢ Pelican Pointe Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Any correspondence regarding the proposed rezoning, will be presented to the Planning and Zoning Board. _S SMIT �6 The proposed rezoning from AC to PC is consistent with the goals, objectives and /or policies of the City's Comprehensive Plan, LDR Sections 2.4.5(D)(5), 3.1.1 and 3.2.2(D). The rezoning is also consistent with the recommendations of the South Federal Highway Redevelopment Plan adopted by the City Commission on September 20, 2012. Positive findings can be made with respect to Concurrency and Compatibility with the surrounding land uses. As discussed previously with regard to LDR Sections 2.4.5(D)(5) and 3.2.2(C) and (D), the proposed rezoning of the subject property to PC is appropriate. The subject property is located within an area containing a mix of uses including commercial, automotive related, and residential. The proposed rezoning would coincide with the current development area and it will also be consistent with the Comprehensive Plan and FLUM designation of GC. Based upon the above, a recommendation of approval should be made to the City Commission for the proposed rezoning. N- A. Continue with direction. B. Move a recommendation of approval to the City Commission for the privately initiated rezoning from AC to PC for the subject property, 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 South Federal Highway Redevelopment Plan and meets the IV.A. P & Z Staff Report — February 25, 2013 Ralph Buick (Delray Market Place) — Rezoning from AC to PC Page 8 criteria set forth in Sections 2.4.5(D)(5), 3.11 and 3.2.2 of the Land Development Regulations. C. Move a recommendation of denial to the City Commission for the privately initiated rezoning from AC to PC for the subject property, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in Sections 2.4.5(D)(5), 3.1.1 and 3.2.2 of the Land Development Regulations. a Move a recommendation of approval to the City Commission for the privately initiated rezoning from AC to PC for the subject property, 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 South Federal Highway Redevelopment Plan and meets the criteria set forth in Sections 2.4.5(D)(5), 3.1.1 and 3.2.2 of the Land Development Regulations. Attachments: Location /Zoning Map Report prepared by: Scott Pape, Senior Planner IV.A.