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12-06-04 Agenda Reg City of Delray Beach Regular Commission Meeting I ==::J RULES FOR PUBLIC PARTICIPATION 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order of presentation being as follows: City Staff, public comments, Commission discussion and official action. City Commission meetings are business meetings Monday. December 6. 2004 and the right to limit discussion rests with the Commission. Generally, remarks by an individual will be limited to three minutes or less. The Mayor or Regular Meeting 6:00 p.m. presiding officer has discretion to adjust the amount of time allocated. Public Hearings 7:00 p.m. A, Public Hearings: Any citizen is entitled to speak on items under this Commission Chambers Delray Beach City Hall section. B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. C. Regular Agenda and First Reading Items: When extraordinary circumstances or reasons exist and at the discretion of the Commission, citizens may speak on any official agenda item under these sections. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address public hearing or non-agendaed items should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission on an appropriate item. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign-in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. 100 NW 1st Avenue Dekay Beach, Florida 33444 The City will furrush auxiliary aids and semces to afford an individual with a disability an oppOrtunIty to partlcipate in and enjoy the benefits of a service, Phone: (561) 243-7000 program, or actiVlty conducted by the City. Contact Doug Randolph at 243- Fax: (561) 243-3774 7127, 24 hours prior to the event m order for the City to accommodate your request. Adaptive hstening devices are avwable for meetlngs in the Comtn1ssion Chambers. 1. ROLL CALL, 2. INVOCATION, 3. PLEDGE OF ALLEGIANCE TO THE FLAG. 4. AGENDA APPROVAL. 5. APPROVAL OF MINUTES: . November 16, 2004 - Regular Meeting . November 19, 2004 - Special Meeting 6. PROCLAMATIONS: . Florida Jewish History Month - January, 2005 7. PRESENTATIONS: A. "Obie Community Spirit Award", Robert Barnard, Orange Bowl Committee 1. Orange Bowl Day Proclamation - December 6, 2004 B. "How Did I Survive The Hurricane Storms" Contest Winners - Delray Beach Parks and Recreation Department C. Keith Straghn Foundation Thanksgiving Dinner, Alfred Zack Straghn D. Outside the Walls Ministries, Inc., William N. Griffin, President/Founder E. City of Delray Beach Residents' Academy Certificates - Janet Meeks 8. CONSENT AGENDA: City Manager Recommends Approval. A. RESOLUTION NO, 88-04/ ABANDONMENT OF DRAINAGE EASEMENT: Approve the abandonment of a 10 foot wide drainage easement and acceptance of a replacement easement located within Lots 167 and 168, 2nd Section, Tropic Isle Subdivision, generally located at the southeast comer of Allamanda Drive and Spanish Trail. 1. AGREEMENT / ANGELO MORALES: Approve a cost sharing agreement between the City and Angelo Morales for the relocation of an existing drainage system on Spanish Trail. Funding is available from 448-5461-538-63.90 (Storm Water Utility Fund/Improvements/Other). B. HAMLET RESIDENT HOMEOWNERS' ASSOCIATION TRAFFIC ENFORCEMENT AGREEMENT: Approve an agreement between the City and the Hamlet Resident Homeowners' Association allowing the Delray Beach Police Department to enforce local and state traffic laws on its property. 12-06-2004 - 2 - ------ C. AMENDMENT NO. 3/SITE LEASE AGREEMENT / AT&T: Approve Amendment No.3 to Water Tower Site Lease Agreement with AT&T to extend the agreement until May 31, 2008, with the ability to renew for three (3) five-year tenns and allow AT&T to place six (6) mast head amplifiers on the water tower. D. SERVICE AUTHORIZATION NO, 20/MATHEWS CONSULTING. INC,: Approve Service Authorization No. 20 to Mathews Consulting, Inc. in the amount of $49,715.00 for the design of the Swinton Avenue Beautification Phase II Project. Funding IS available from 119-4151-572-60.69 (Beautification Trust Fund/lmprovements/ Other). E. CHANGE ORDER NO. t/FINAL PAYMENT IC&D CONSTRUCTION INC.: Approve Change Order No.1 in the amount of a $6,174.72 decrease, and final payment in the amount of $8,704.37 to C&D Construction, Inc. for completion of the City Marina Dock and Pier Replacement Project. Funding is available from 426-4311- 575-63.90 (City Marina Fund/Repair/Maintenance/Other Improvements). F. SPECIAL EVENT REOUEST /FIRST NIGHT 2005: Approve a special event request to hold the 8th Annual First Night event on December 31, 2004 from 4:00 p.m. to midnight, granting a temporary use permit per LDR Section 2.4.6(H) for the use and street closures of City rights-of-way and facilities as requested, to waive LDR's section 4.6.7(D)(3)G)(ii) to allow event signage to be placed no earlier than December 7, 2004, and authorize staff support for security and traffic control, signage construction and installation, barricade set-up/removal, trash removal and clean up, and use/set-up of City stages as needed at no charge. G. SPECIAL EVENT REOUEST / ART & JAZZ ON THE AVENUE: Approve and endorse the Art & Jazz on the Avenue scheduled for January 20, 2005 from 6:00 p.m. to 10:00 p.m., granting a temporary use permit per LDR Section 2.4.6(H) for the closure of Atlantic Avenue from Swinton to N.E. 7th Avenue, the south side of Atlantic Avenue from N.E. 7th Avenue to just past the Blue Anchor Pub, Railroad Drive from Atlantic Avenue to N.E. 1st Street, N.E. 2nd Avenue from Atlantic Avenue to N.E. 1st Street, and authorize staff support for security and traffic control, banner hanging and removal, barricade set-up/removal, trash removal and clean up. H. SPECIAL EVENT REQUEST /HOWARD ALAN 16th ANNUAL DOWNTOWN ART FESTIVAL: Approve a special event request for the 16th Annual Downtown Art Festival sponsored by Howard Alan Events, Ltd. to be held on January 22 and 23, 2005, granting a temporary use permit per LDR Section 2.4.6(H) for street closure of Atlantic Avenue, east of N.E./S.E. 6th Avenue east to Salina, and Vittoro's parking lot for vendor parking; authorize staff to apply for the FDOT street closure permit; authorize staff support for security and traffic control, and permit an event sign to be erected on Atlantic Avenue just east of 1-95 one week prior to the event with the sponsor paying all overtime costs. 12-06-2004 - 3 - -- I. SPECIAL EVENT REOUEST/HOWARD ALAN gh ANNUAL WINTER STREET CRAFT FESTIVAL: Approve a special event request to allow the 8th Annual Dekay Beach Winter Street Craft Festival sponsored by Howard Alan Events, Ltd. to be held on February 26-27, 2005 from 10:00 a.m. - 5:00 p.m., including a temporary use permit per LDR Section 2.3.6(H) for street closures of NE/SE 4th Avenue, one block north/south of Atlantic Avenue as well as the north end of Hand's parking lot for vendor parking and staff support for security, with the event sponsor paymg all overtime costs. J. REJECTION OF BIDS/PALM TRAIL NEIGHBORHOOD WATER MAIN IMPROVEMENTS PROJECT: Approve the rejection of all bids received for the 2003-011 Palm Trail Neighborhood Water Main Improvements Phase 1 Project due to insufficient funding and authorize staff to re-bid in October, 2006. K. REJECTION OF BIDS/FIRE RESCUE APPARATUS MAINTENANCE BUILDING PROJECT: Approve the rejection of all bids received for the 2002-022 Fire Rescue Apparatus Maintenance Building Project, implement revisions from value engineering, and authorize staff to re-bid in January, 2005. L. CONTRACT ADDITION /CHANGE ORDER NO, l/INTEGRITY WELL AND PUMP COMPANY: Approve a Contract Addition (Change Order No.1) in the amount of $45,000.00 to Integrity Well and Pump Company for additional services required by the Department of Environmental Protection (DEP) for the rehabilitation of the Aquifer Storage and Recovery (ASR) Well Project. Funding is available from 442-5178-536-46.90 (Water & Sewer/Renewal & Replacement Fund/Other Repair & Maintenance). M. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period November 15,2004 through December 3, 2004. N. AWARD OF BIDS AND CONTRACTS: 1. Purchase award to Phillips Medical Systems in the amount of $15,076.99 via the Florida SNAPS II Agreement for eight (8) Automatic External Defibrillators (AED) for the Police Department's patrol vehicles. Funding is available from 115-2111-521-64.90 (Special Project Fund/Other Machinery/Equipment). 2. Lease award to Mears Motor Leasing in the annual amount of $42,840.00 via the Florida Sheriffs' Association of Counties Bid #04-12-0823 for the lease of six (6) police vehicles to support the Police Department's undercover operation. Funding is available from 001-2115-521-44.40 (police Department Vehicles/ Rental/Lease). 12-06-2004 - 4 - 3. Purchase award to Exeter Architectural Products in the amount of $43,815.77 via the State of Florida Statewide Purchasing Subsystems (SPURS) Agreement #1502177-4 for the purchase and installation of Storm Shield Hurricane Barriers to thirty-five (35) operungs on the first floor of Police Department Headquarters. Funding IS available from 334-6111-519-62.10 (General Construction Fund/Buildings). 4. Purchase award to Cantway Trailer in the amount of $23,950.00 to convert ten (10) of the recendy purchased Skid Mounted Generators to portable. Funding is available from 441-5161-536-64.90 (Water/Sewer Fund/Capital Outlay/ Other Machinery and Equipment). 5. Contract award to Murray Logan Construction, Inc. in the amount of $19,000.00 via the Northern Palm Beach County Water Control District Contract for rehabilitation of Lift Station 14. Funding is available from 442- 5178-536-46.90 (Water/Sewer/Renewal and Replacement Fund/Other Repair/ Maintenance). 6. Bid award to American Lighting Maintenance, Inc. in the amount of $28,721.00 for parking lot lights for Miller Park. 9. REGULAR AGENDA: A. BONUS PAYMENT TO lCD SPORTS GROUP: Consider approval of FY 03-04 bonus payment to JCD Sports Group for golf operations in the amount of $18,625.00 and for Tennis Center operations in the amount of $6,270.00. Funding is available from 445-4711-572-34.90 (Delray Beach Municipal Golf Course Fund/Other Professional Services), 446-4711-572-34.90 (Lakeview Golf Course/Other Professional Services), 001-4215-575-34.90 (General Fund/Tennis Operations /T ennis Center/Other Contractual Services) and 001-4210-575-34.90 (General Fund/Tennis Operations/ Stadium). B. ADOPTION OF THE OSCEOLA PARK REDEVELOPMENT PLAN: Consider approval and adoption of the Osceola Park Redevelopment Plan. e. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD DECISION/INTRACOASTAL PARK: Consider an appeal of the Site Plan Review and Appearance Board's action associated with a Class V site plan, landscape plan, and architectural elevations for Intracoastal Park, located on the east side of South Federal Highway, approximately 1,325 feet north of Linton Boulevard. (Quasi-Judicial Hearing) D. REOUEST FOR WAIVER/508 NORTH SWINTON AVENUE: Consider a waiver request to Land Development Regulations Section 4.5.1(C)(5) to allow the construction of a new house, located at 508 North Swinton Avenue. (Quasi-Judicial Hearing) E. WIRELESS INTERNET /DOWNTOWN AREA: Provide direction concerning wireless internet proposals for providing Wi-Fi services in the downtown area. 12-06-2004 - 5 - F. PROPERTY ACQUISITION STATUS REPORT: The City Attorney will give a report on the status of efforts to acquire various properties to implement the Parks Bond Issue. G. APPOINTMENT TO THE BOARD OF CONSTRUCTION APPEALS: Appoint one (1) member to the Board of Construction Appeals for an unexpired term ending August 31, 2006. Based upon the rotation system, the appointment will be made by Commissioner Archer (Seat #2). H. APPOINTMENTS TO THE NEIGHBORHOOD ADVISORY COUNCIL: Appoint five (5) regular members and two (2) student members to the Neighborhood Advisory Council for two year terms ending October 31, 2006. Based upon the rotation system, the appointments will be made by Commissioner Costin (Seat #1), Commissioner Archer (Seat #2), Commissioner Levinson (Seat #3), Commissioner McCarthy (Seat #4), Mayor Perlman (Seat #5), Commissioner Costin (Seat #1), and Commissioner Archer (Seat #2). 1. APPOINTMENT TO THE NUISANCE ABATEMENT BOARD: Appoint one (1) alternate member to the Nuisance Abatement Board for an unexpired term ending March 31, 2005. Based upon the rotation system, the appointment will be made by Commissioner McCarthy (Seat #4). J. APPOINTMENT TO THE SITE PLAN REVIEW AND APPEARANCE BOARD: Appoint one (1) member to the Site Plan Review and Appearance Board for an unexpired term ending August 31, 2006. Based upon the rotation system, the appointment will be made by Commissioner Costin (Seat #1). 10. PUBLIC HEARINGS: A. ORDINANCE NO, 68-04 (FIRST READING/FIRST PUBLIC HEARING): Privately initiated amendment to Land Development Regulations (LDR), 4.4.3, "Single Family Residential (R-l) Districts" , Article 4.5, "Overlay and Environmental Management Districts" and Section 2.4.3(K), "Fees", relating to the creation of Design Guidelines in order to maintain the character of the North Beach/Seagate and Ocean Neighborhood Overlay District Areas by regulating proposed massing and scale of structure. If passed, a second public hearing will be scheduled for January 4, 2005. B. ORDINANCE NO, 66-04 (SECOND READING/SECOND PUBLIC HEARING): An ordinance amending Land Development Regulations (LDR) to create a new Article 4.7, "Family/Workforce Housing", enacting 4.4.6(H)(6), "Density Bonuses", amending Article 4.5, "Overlay and Environmental Management Districts", by enacting 4.5.9, "Southwest Neighborhood Overlay District", 4.5.10, "Southwest 10th Street Overlay District", and 4.5.11, "Carver Estates Overlay District", to provide for regulations and incentives to build workforce housing and to create overlay districts which are entided to density bonuses for the provision of workforce housing units. 12-06-2004 - 6 - C. ORDINANCE NO. 60-04: An ordinance rezoning from CF (Community Facilities) and R-l-A (Single Family Residential) to RM (Medium Density Residential) for an 8.96 acre parcel of land for The Cottages at Banyan Village, located at the southwest comer of South Swinton Avenue and S.W. 10th Street. (Quasi-Judicial Hearing) D. ORDINANCE NO. 65-04: Future Land Use Map Amendment (FLUM) from County LR-3 (Low Residential - 3 units per acre) to GC (General Commercial) and annexation with initial zoning of AC (Automotive Commercial) for a parcel of land within unincorporated Palm Beach County, located at 5005 Conklin Drive (northwest comer of Military Trail and Conklin Drive aka Tire Kingdom). (Quasi-Judicial Hearing) E. ORDINANCE NO. 72-04 (FIRST READING/FIRST PUBLIC HEARING): An ordinance designating the west side of North Swinton Avenue, located between Trinity Lutheran Church and the north side ofN.W. 17th Street, to the Local Register of Historic Places. If passed, a second public hearing will be scheduled for January 4, 2005. F. ORDINANCE NO, 67-04 (FIRST READING/FIRST PUBLIC HEARING): City initiated amendment to Land Development Regulations (LDR) , 4.3.4(J)(4), "Increases to Height Regulations" to limit the area in the CBD (Central Business District) available for an increase in height and to modify the criteria which must be met to support an increase in height in all areas where increases in height are allowed. If passed, a second public hearing will be scheduled for January 4, 2005. G. ORDINANCE NO, 71-04 (FIRST READING/FIRST PUBLIC HEARING): An ordinance designating The DeWitt Estate, 1110 North Swinton Avenue, located between N.W. 11th Street and N.W. 12th Street on the west side of North Swinton A venue, to the Local Register of Historic Places. If passed, a second public hearing will be scheduled for January 4, 2005. H. ORDINANCE NO. 70-04 (FIRST READING/FIRST PUBLIC HEARING): City initiated amendment to Land Development Regulations (LDR) Sections 4.4.9, "General Commercial", and 4.4.12, "Planned Commercial", to add churches, or places of worship, as a Conditional Use subject to certain regulations and providing similar regulations for clubs and lodges and amending Section 4.4.13, "Central Business (CBD) District", to delete clubs and lodges as a conditional use. If passed, a second public hearing will be scheduled for January 4, 2005. 11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS. A. City Manager's response to prior public comments and inquiries. B. From the Public. 12-06-2004 - 7 - 12. FIRST READINGS: . NONE 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. A. City Manager B. City Attorney C. City Commission POSTED: DECEMBER 3, 2004 12-06-2004 - 8 - NOVEMBER 16. 2004 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Jeff Perlman in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, November 16, 2004. 1. Roll call showed: Present - Commissioner Patricia Archer Commissioner Bob Costin Commissioner Jon Levinson Commissioner Alberta McCarthy Mayor Jeff Perlman Absent - None Also present were - David T. Harden, City Manager Susan A. Ruby, City Attorney Chevelle D. Nubin, City Clerk At this point, Mayor Perlman stated he would like to observe a moment of silence in memory of Mr. James Whalen who was the husband of Representative Anne Gannon. Mr. Whalen passed away last week after a brief and brave battle with cancer. 2. The opening prayer was delivered by Dr. Arflin, Chaplain with Abbey Delray South. 3, The Pledge of Allegiance to the flag of the United States of America was gIVen. 4, AGENDA APPROVAL, Mayor Perlman stated the applicant has requested that Item 10,A., Ordinance No, 57-04 be removed from the Agenda. Mr. Levinson requested that Item 8.F" Additional Audit FeeslErnst & Y oun!! be moved from the Consent Agenda to the Regular Agenda as Item 9.A.1. and Item 8,J" Lease A!!reement with Delrav Tovota be moved to the Regular Agenda as Item 9.A,2. Mayor Perlman noted the addition of Item 8.L., Subordination A!!reement for Community Development Fundin!! Recipient. to the Consent Agenda by addendum. Mr. Costin moved to approve the Agenda as amended, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. Mr. Costin moved to approve the Agenda as amended to include Item 8.L. (addendum), seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin- Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. S, APPROVAL OF MINUTES: Mr. Costin moved to approve the Minutes of the Regular Meeting of October 19,2004, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote. At this point, the Commission amended the motion to the Agenda to include Item 8.L. (addendum). Ms. McCarthy moved to approve the Minutes of the Regular Meeting of November 2, 2004, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. 6, PROCLAMATIONS: 6,A. Recoe:nizine: and Commendine: Melvin Sacharow Mayor Perlman read and presented a proclamation hereby recognizing and commending MELVIN SACHAROW for his efforts in keeping the traffic in Delray Beach moving smoothly. Melvin Sacharow came forward to accept the proclamation. 6,B, National Hosoice Month - November 2004 Mayor Perlman read a proclamation hereby proclaiming November 2004 as National Hospice Month. 7, PRESENTATIONS: 7,A, RESOLUTION NO, 81-04: Recognizing and Commending Norma Smith for 35 years of dedicated service to the City of Delray Beach. The caption of Resolution No. 81-04 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, RECOGNIZING AND COMMENDING NORMA SMITH FOR THIRTY FIVE YEARS OF DEDICATED SERVICE TO THE CITY OF DELRA Y BEACH. - 2 - 11/16/04 (The official copy of Resolution No. 81-04 is on file in the City Clerk's office.) Mr. Levinson moved to approve Resolution No. 81-04, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. Mayor Perlman presented Norma Smith with the resolution and plaque. Norma Smith came forward to accept the resolution. Ms. Smith gave a few brief comments regarding her employment history over the last 35 years. 8, CONSENT AGENDA: City Manager Recommends Approval. 8,A. RATIFICATION OF THE SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTIONS: Approve and ratify the actions of the South Central Regional Wastewater Treatment and Disposal Board at their Quarter Annual Meeting of October 21, 2004. 8,B, RESOLUTION NO, 82-04: Approve Resolution No. 82-04 assessing costs for abatement action required to remove nuisances on nine (9) properties throughout the City. The caption of Resolution No. 82-04 is as follows: 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 DELRA Y BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRA Y 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. (The official copy of Resolution No. 82-04 is on file in the City Clerk's office.) - 3 - 11116/04 8.C. RESOLUTION NO, 83-04: Approve Resolution No. 83-04 assessing costs for action necessary to remove junked and/or abandoned vehicles from eight (8) properties throughout the City. The caption of Resolution No. 83-04 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, PURSUANT TO CHAPTER 90 OF THE CODE OF ORDINANCES OF THE CITY OF DELRA Y BEACH, ASSESSING COSTS FOR ABATING NUISANCES BY REMOVING JUNKED AND/OR ABANDONED VEHICLES WITHIN THE CITY OF DELRA Y BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING SAID COSTS; 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; PROVIDING FOR THE MAILING OF NOTICE OF LIEN. (The official copy of Resolution No. 83-04 is on file in the City Clerk's office.) 8,D, FDOT UTILITY PERMIT & HOLD HARMLESS AGREEMENT/302-304 S.E, S'IH A VENUE: Authorize the City to act as the utility permit applicant for a water service connection within the state right-of-way (located at 302-304 S.E. 5th A venue, southbound U.S. 1) and approve a Hold Harmless Agreement with the developer (Rockwell Development Company). 8.E, FDOT UTILITY PERMIT & HOLD HARMLESS AGREEMENT/DEPOT ROAD: Authorize the City to act as the utility permit applicant for force main work performed within the state right-of-way (Depot Road, under 1-95) and approve a Hold Harmless Agreement with the developer (J & D Corporation of South Florida). 8,F. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A,1. 8,G, IN-LIEU OF PARKING FEE AGREEMENT/JOE'S RESTAURANT: Approve an In-Lieu of Parking Fee Agreement with Joe's Restaurant for the purchase of four (4) in-lieu parking spaces in the amount of $48,000.00. Joe's Restaurant is located at 19-23 S.E. 5t Avenue (Southbound Federal Highway). -4- 11/16/04 8,H WATER SERVICE AGREEMENT/NEW ROCHELLE PLAZA (AKA TIRE KINGDOM): Approve a water service agreement for New Rochelle Plaza (aka Tire Kingdom) an unincorporated County parcel, located at the northwest comer of Military Trail and Conklin Drive. 8.1, AGREEMENT WITH PENCIL. INC,: Approve an agreement with PENCIL, Inc., a non-profit organization that encourages private sector and civic involvement to support the public schools by inviting individuals to be "Principal For A Day" . 8,J, THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9,A.2, 8,1{. AWARD OF BIDS AND CONTRACTS: L Purchase award to PVS Technologies, Inc. in the amount of $170,000.00 for ferric chloride for use in the Water Treatment Plant. Funding IS available from 441-5122-536-52.21 (Water/Sewer Fund/Chemicals). 2, Purchase award to Otto Waste Systems in the amount of $35,000.00 for the purchase of garbage carts with lids as a sole source purchase. Funding is available from 433-3711-534-49.35 (Sanitation/Cart Renewal and Replacement). 3, Purchase award to Club Car Transportation and Utility Vehic1es for the purchase of four (4) 2004 Turf Gasoline Utility Vehic1es in the amount of $21,400.00 via the Florida State Contract 070-840- 400. Funding is available from 445-4761-572-64.90 (Delray Municipal Golf Course/Other Machinery/Equipment) and 446- 4761-572-64.90 (Lakeview Golf Course/Other Machinery/Equipment). 4, Contract award to Rosso Paving & Drainage, Inc. in the amount of $895,651.65 for the N.E. 4th Avenue (N.E. Atlantic Avenue to N.E. 2nd Street) Beautification Project. Funding is available from 334- 3162-541-65.81 (General Construction FundIN.E. 4th Avenue-East Atlantic), 448-5461-538-65.81 (Stormwater Utility FundIN.E. 4th Avenue), 442-5178-536-63.51 (Water/Sewer Renewal & Replacement Fund/Sewer Mains) and 441-5181-536-65.96 (Water/Sewer Fund/Other Improvements/Reclaimed Water Transmission). 8,L, SUBORDINATION AGREEMENT FOR COMMUNITY DEVELOPMENTFUNDING RECIPIENT: Authorize and approve subordination of the City's second mortgage in the amount of $22,500.00 to allow the applicant to secure new financing. - 5 - 11/16/04 Mr. Levinson moved to approve the Consent Agenda as amended, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. 9. REGULAR AGENDA: 9.A.1. ADDITIONAL AUDIT FEES /ERNST & YOUNG: Approve the payment of additional Audit Fees for FY 2003 in the amount of $20,000.00 to Ernst & Young for the debt refunding bond issue transactions and the new GASB 34 transaction reporting requirements. Funding is available from various departments' operating expense budget. Mr. Levinson stated it is distressing that Ernst & Young were not aware of the scope that the City was going to have. He stated the City has been discussing GASB 34 for approximately three years. Mr. Levinson stated he appreciates Mr. Safford's negotiating the amount from $30,000 to $20,000. The City Manager stated since the managing partner who worked with the City for many years retired and the City was being managed out of the Orlando office, the service has been poor. Joseph Safford, Finance Director, stated he was very displeased with the performance of the auditors. Mr. Safford stated the partner in Orlando never came down for the audit and management letters were never discussed. He stated this is normally standard procedure. He stated this is the best resolution staff was able to get out of the package. Mr. Safford stated he is very pleased with the new auditors the City of Delray Beach has now. Mr. Levinson stated Ernst & Young has been having difficulties throughout the country. Ms. McCarthy asked what the consequence would be if the City of Delray Beach does not pay it because this was based on an RFP with an agreed price for services? In response, Mr. Safford stated the City of Delray Beach had a contract with Ernst & Young and it states "if there is extraordinary items that come up during the year they reserve the right to come back for additional fees". Mayor Perlman asked if Ernst & Young had communicated with the Finance Department, would staff of been able to do something to mitigate the fees? In response, Mr. Safford stated in an audit the Finance Department has their functions and the auditing firm has their functions. Mr. Safford stated there was a complex Refunding Bond Issue in the middle ofthe year which involved several funds. Brief discussion by the Commission followed. - 6- 11/16/04 Mr. Levinson moved to approve the additional audit fees in the amount of $20,000 contingent upon the City receiving the necessary work papers from Ernst & Young, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - No. Said motion passed with a 4 to 1 vote, Mayor Perlman dissenting. 9.A.2. LEASE AGREEMENT WITH DELRAY TOYOTA: Approve a lease agreement with Delray Toyota to lease five (5) Toyota Camry LE's for thirty-nine (39) months in the amount of $57,447.00 to support the existing Community Observer Patrol (COP) Volunteer Program. Funding is available in 001-2113-521-44.40 (General Fund/Vehicle Rental/Lease). Mr. Levinson suggested that staff look into hybrid cars for the Community Observer Patrol (COP) Program particularly with the price of gasoline. Mr. Costin stated it may be advantageous to get one hybrid car as a test. The City Manager stated staff will evaluate this. Mr. Costin moved to approve the Lease Agreement with Delray Toyota, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote. 9.A. EXTENSION OF CONDITIONAL USE REQUESTIWEATHERSPOON CAR WASH: Consider a request to extend the conditional use approval to allow the establishment a car wash facility to be known as Weatherspoon Car Wash, located on the west side of North Federal Highway (2210 North Federal Highway), approximately 1,600 feet south of Gulf Stream Boulevard. (Quasi-Judicial Hearing) Mayor Perlman read into the record the City of Delray Beach procedures for a Quasi-Judicial for this item and all subsequent Quasi-Judicial items. Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor Perlman asked the Commission to disclose any ex parte communications. No ex parte contacts were disclosed. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2004-192 into the record. Mr. Dorling stated this is a 0.59 acre property located in the North Federal Highway Redevelopment Area and Overlay District. At its meeting of June 3, 2003, the City Commission approved the conditional use request to establish a self-service car wash facility to be known as Weatherspoon Car Wash. This approval is set to expire on December 3, 2004 and a 24 - 7 - 11/16/04 month extension is now being requested. Mr. Dorling stated while there have been several modifications made to the LDR's, there have been no changes which would have an impact on the development proposal. Staff recommends approval given this factor and the original findings with respect to Chapter 3 (performance Standards) and Section 2.4.5(E)(5) of the LDR's and policies of the Comprehensive Plan. Mayor Perlman stated if anyone from the public would like to give testimony on this item, to come forward at this time. There being no one from the public who wished to speak in favor or in opposition of the conditional use, the public hearing was closed. Mr. Costin moved to approve the extension of the conditional use request for Weatherspoon Car Wash, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 9.B. CONTRACT A W ARD/CHAZ EQUIPMENT. INC.: Consider approval of a contract award to third lowest bidder, Chaz Equipment, Inc., in the amount of $1,730.052.50 for construction of the Area One Reclaimed Water Transmission System. Funding is available from 441-5181-536-65.96 (Water/Sewer Fund/Reclaimed Water Transmission System). Richard Hasko, Director of Environmental Services, stated the apparent low bidder was MEF Construction, Inc. The second low bidder was Chaz Equipment Company, Inc. and the third bidder was Cornerstone. Staff found a mathematical error in the bid for Chaz Equipment and moved them to the third lowest bidder. MEF Construction, Inc. (low bidder) failed to include the questionnaire forms in their bid which prevented staff the ability to determine what their qualifications were for performing this work. Also, in their package there was no indication of their underground utility experience and no subcontractor information. For these reasons, Mr. Hasko stated their bid is considered non-responsive. Cornerstone Business, Inc. (second low bidder) did not acknowledge Addendum No. 2 which had an affect on the cost for some of the materials. This bid is therefore considered non-responsive; however, they did submit the required questionnaires. Chaz Equipment (effectively the third bidder) met all the requirements and has a very successful history with the City of Delray Beach. The difference between the second and third bid is approximately $1,025.00. Prior to the vote, Mr. Costin asked if Atlantic High School will have the opportunity to take advantage of this utility line. In response, Mr. Hasko stated in the Master Plan they are planning to accommodate for the demand from the new Atlantic High School. Mrs. Archer moved to approve the contract award to Chaz Equipment, Inc. (third lowest bidder) in the amount of $1,730,052.50, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 - 8 - 11/16/04 vote. 9.C. PALM BEACH COUNTY LEAGUE OF CITIESIHOST FOR GENERAL MEMBERSHIP MEETING: Consider a request from the Palm Beach County League of Cities for the City to host a League meeting in 2005. It was the consensus of the Commission to host a League meeting sometime in 2005. Mrs. Archer suggested that we do not host the meeting in March due to the Election. The City Manager stated staff will work with the League regarding a meeting date. 9.D. ACQUISITION OF PROPERTYIBEXLEY PARK EXPANSION: Consider authorizing the acquisition of property by gift, purchase, or eminent domain of three (3) properties adjacent to the Bexley Park site for the expansion of Bexley Park. The City Attorney stated each of the following resolutions pertain to parcels ofland that are currently east ofBexley Park. Resolution No. 84-04 is a 3.18 acre parcel owned by Maureen Churchill, Resolution No. 85-04 is a 5 acre parcel owned by Joyce Willis, and Resolution No. 86-04 is a 3.03 acre parcel owned by Bill and Lou Malkemes. The City Attorney stated she has had some successful meetings with Mrs. Churchill and Mr. Malkemes regarding proceeding with negotiations. Mrs. Willis is present this evening. However, if the Commission wishes, the City can begin the process of acquisition and the resolutions are necessary to make sure this happens in a timely manner. The City Attorney noted that there is also another property that is not covered by the resolutions which is owned by Mr. Mason who is also present this evening. Mr. Levinson stated at this point he is not in favor of moving forward with these three resolutions. He feels the higher priority is to secure the site for the activity center (senior center) and does not see that this will make a good site for the senior center. He reiterated that he does not feel the City should move forward with these resolutions yet until the other two sites are looked at for the potential of the senior center. The City Manager stated if the Commission would like to acquire these properties then staff needs direction to do so because there are other interested buyers. If the Commission feels that there should be another park in another location instead of expanding this one, then the City can look for other land. Mrs. Archer stated this is a rare opportunity to acquire the land while it is still reasonably affordable. She feels if the City does not acquire the property now the City will pay more at a later date. The City Manager stated to keep in mind that if the Commission chooses to purchase only this land, the appraisal is above what was budgeted for land acquisition. Therefore, the City would have to borrow another $2-$3 million to buy the properties and - 9 - 11/16/04 do the development as promised to the voters. Mr. Levinson inquired what the City is going to do with this land. Mrs. Archer stated the land will be used as a park. Mr. Levinson stated the proposals show (1) the senior center and (2) an additional walking path and lake. Mrs. Archer stated this is a good opportunity for the City and she feels the City should act on this as soon as possible. Mr. Costin concurs with comments expressed by Commissioner Archer. He stated vacant land in Delray Beach is becoming a rare commodity and he feels if the land is available and we can accommodate the cost he thinks the City should acquire it. However, he also concurs with comments expressed by Commissioner Levinson that the senior center is the first priority. Ms. McCarthy stated the senior center should be the number one priority. Mayor Perlman stated there appears to be reluctance from some of the surrounding communities to have lighted ball fields, and noise at night, etc. He stated then one has to weigh the desire to have a big park versus the cost. Mr. Levinson stated he feels at this point it is a matter of dollars. The City Manager stated another approach would be to acquire a portion the property now. Mayor Perlman inquired about the willing seller. The City Attorney stated the 3.18 acre parcel is the willing seller. Mr. Levinson suggested auctioning all three sites. Mr. Costin concurred with comments expressed by Mr. Levinson with the provision that the City move forward with the site for the senior center. Brief discussion followed between staff and the Commission. Mayor Perlman asked if there is short term financing available. The City Manager stated short term financing is available. Ms. McCarthy stated if acquiring this land is going to use up a higher percentage of the bond dollars and the City will not be able to do other things that they have committed to doing then she does not understand how this can be a good thing. The City Manager stated the City has a moral obligation to do what they said to the public they would do. Brief discussion followed by the Commission. - 10- 11/16/04 Ms. McCarthy is in favor of having more parks that are accessible to more members of the public rather than having one large park. Mayor Perlman stated the City should be aggressive and look at other sites as well. 9.D.1. RESOLUTION NO. 84-04: Consider approval of Resolution No. 84-04 authorizing the acquisition of a 3.18 acre parcel of property owned by Maureen Churchill, by gift, purchase, or eminent domain for the Expansion ofBexley Park. The caption of Resolution No. 84-04 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE ACQUISITION OF FEE SIMPLE TITLE TO CERTAIN REAL PROPERTY HEREAFTER DESCRIBED FOR THE PUBLIC PURPOSE OF THE DEVELOPMENT OF A CITY P ARK/RECREATION/COMMUNITY CENTER AND OPEN SPACE FACILITY; DECLARING THAT THE ACQUISITION OF THE PROPERTY IS NECESSARY FOR SAID PUBLIC PURPOSE; AUTHORIZING THE HIRING OF LEGAL COUNSEL, APPRAISERS, AND EXPERTS IN OTHER DISCIPLINES AND THE FILING OF EMINENT DOMAIN PROCEEDINGS PURSUANT TO CHAPTERS 73 AND 74, FLORIDA STATUTES; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (The official copy of Resolution No. 84-04 is on file in the City Clerk's office. ) Mr. Costin moved to approve Resolution No. 84-04 authorizing the acquisition of a 3.18 acre parcel of property for the expansion of Bexley Park, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - No; Ms. McCarthy - No. Said motion passed with a 3 to 2 vote, Commissioner Levinson and Commissioner McCarthy dissenting. 9.D.2. RESOLUTION NO. 85-04: Consider approval of Resolution No. 85-04 authorizing the acquisition of a 5 acre parcel of property owned by Joyce Willis, by gift, purchase, or eminent domain for the Expansion ofBexley Park. The caption of Resolution No. 85-04 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE ACQUISITION OF FEE SIMPLE TITLE TO CERTAIN - 11 - 11/16/04 ------- -- --- REAL PROPERTY HEREAFTER DESCRIBED FOR THE PUBLIC PURPOSE OF THE DEVELOPMENT OF A CITY P ARK/RECREATION/COMMUNITY CENTER AND OPEN SPACE FACILITY; DECLARING THAT THE ACQUISITION OF THE PROPERTY IS NECESSARY FOR SAID PUBLIC PURPOSE; AUTHORIZING THE HIRING OF LEGAL COUNSEL, APPRAISERS, AND EXPERTS IN OTHER DISCIPLINES AND THE FILING OF EMINENT DOMAIN PROCEEDINGS PURSUANT TO CHAPTERS 73 AND 74, FLORIDA STATUTES; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (The official copy of Resolution No. 85-04 is on file in the City Clerk's office. ) Mr. Costin moved to approve Resolution No. 85-04 authorizing the acquisition of a 5 acre parcel of property, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - No; Ms. McCarthy - No; Mayor Perlman - Yes. Said motion passed with a 3 to 2 vote, Commissioner Levinson and Commissioner McCarthy dissenting. 9.D.3. RESOLUTION NO. 86-04: Consider approval of Resolution No. 86-04 authorizing the acquisition of a 3.03 acre parcel of property owned by Bill and Lou Malkemes, by gift, purchase, or eminent domain for the Expansion ofBexley Park. The caption of Resolution No. 86-04 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE ACQUISITION OF FEE SIMPLE TITLE TO CERTAIN REAL PROPERTY HEREAFTER DESCRIBED FOR THE PUBLIC PURPOSE OF THE DEVELOPMENT OF A CITY P ARK/RECREATION/COMMUNITY CENTER AND OPEN SP ACE FACILITY; DECLARING THAT THE ACQUISITION OF THE PROPERTY IS NECESSARY FOR SAID PUBLIC PURPOSE; AUTHORIZING THE HIRING OF LEGAL COUNSEL, APPRAISERS, AND EXPERTS IN OTHER DISCIPLINES AND THE FILING OF EMINENT DOMAIN PROCEEDINGS PURSUANT TO CHAPTERS 73 AND 74, FLORIDA STATUTES; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. - 12- 11/16/04 (The official copy of Resolution No. 86-04 is on file in the City Clerk's office.) Mr. Costin moved to approve Resolution No. 86-04 authorizing the acquisition of a 3.03 acre parcel of property for the expansion of Bexley Park, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - No; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 4 to 1 vote, Commissioner Levinson dissenting. At this point, the City Attorney asked for direction regarding the single parcel. The City Manager stated he does not recommend that the City acquire this piece because it is very expensive. If a community center was going to be put there and there was a need for vehicular access then he would recommend it. Mr. Costin commented that the City move forward as rapidly as possible in trying to accommodate the senior center site. 9.E. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Consider approval of the actions and decisions made by the Land Development Boards for the period November 1, 2004 through November 12, 2004. Mayor Perlman stated he would like to appeal the Site Plan Review and Appearance Board (SPRAB) Item "D". He suggested that a masomy wall be installed to create a buffer between the proposed park and Harbourside and work with the County Commission to help pay for it. Prior to the vote, Ms. McCarthy stated she attended the SPRAB meeting when this item was being debated. She stated there was a lot of discussion about alternative things to do such as putting up fences, bushes, trees, etc. and vagrants who are staying in this area. Therefore, this is causing additional apprehension by the residents who actually park and use that space because they expressed concern over the safety factors. Ms. McCarthy stated she would like the Commission to be aware of this in the event this was not indicated in the minutes of the SPRAB meeting. She stated the fence is not really a safety precaution at six feet high and therefore she is in favor ofthe wall as well. Mr. Levinson moved to approve the appeal of the Site Plan Review and Appearance Board (SPRAB) Item "D" to a date certain of December 6, 2004, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:16 p.m. the Commission moved to the duly advertised Public Hearings portion ofthe Agenda. - 13 - 11/16/04 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 57-04: Annexation, Small-Scale Future Land Use Map (FLUM) Amendment from County HR (High Density Residential-8 dwelling units per acre) to City MD (Medium Density Residential 5-12 dwelling units per acre), and rezoning from AR (Agricultural Residential) to RM (Medium Density Residential) for a 4.86 acre property, located on the west side of Military Trail, approximately 700 feet south of Atlantic A venue. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. . (Quasi-Judicial Hearing) The caption of Ordinance No. 57-04 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRA Y BEACH, A PARCEL OF LAND LOCATED 710 FEET SOUTH OF WEST ATLANTIC A VENUE AND 260 FEET WEST OF MILITARY TRAIL, AS MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIP AL LIMITS; REDEFINING THE BOUNDARIES OF THE CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AFFIXING AN OFFICIAL LAND USE DESIGNATION OF MD (MEDIUM DENSITY RESIDENTIAL 5-12 DUlAC) FOR SAID LAND TO THE FUTURE LAND USE MAP AS CONTAINED IN THE COMPEHENSIVE PLAN; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; PROVIDING FOR THE ZONING THEREOF TO RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT, A FLEXIBLE ZONING DISTRICT WHICH ALLOWS A DENSITY OF 6 TO 12 UNITS PER ACRE AND AUTHORIZES A DENSITY SUFFIX TO BE AFFIXED THAT LIMITS THE DENSITY TO A DENSITY LESS THAN 12 BUT MORE THAN 6 UNITS PER ACRE; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 57-04 is on file in the City Clerk's office.) This item has been removed due to the applicant's request. - 14- 11/16/04 10.B. ORDINANCE NO. 59-04 (SECOND READING/SECOND PUBLIC HEARING): City initiated amendment to Land Development Regulations (LDR), 4.3.4(K) "Development Standards Matrix" to provide for a change in the minimum building setbacks and Section 4.4.24, "Old School Square Historic Arts District" (OS SHAD), to provide for changes to the Principal Uses, Accessory Uses, Conditional Uses, Review and Approval Process, Development Standards and Special District Regulations to regulate development size, massing, and scale. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 59-04 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 SUBSECTION 4.3.4(K), "DEVELOPMENT STANDARDS MATRIX" , TO PROVIDE FOR A CHANGE IN THE MINIMUM BUILDING SETBACKS; AMENDING SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD)", TO PROVIDE FOR CHANGES TO THE PRINCIPAL USES, ACCESSORY USES, CONDITIONAL USES, REVIEW AND APPROVAL PROCESS, DEVELOPMENT STANDARDS AND SPECIAL DISTRICT REGULATIONS IN ORDER TO HELP REGULATE DEVELOPMENT SIZE, MASSING AND SCALE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 59-04 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling, Director of Planning and Zoning, stated the City Commission raised concerns that the current Old School Square Historic Arts District (OS SHAD) zoning district regulations were not adequate enough to discourage development or redevelopment that would negatively impact the character of the district. Therefore, staff was directed to study this issue. The proposed text amendment will allow no more than two residential units in a mixed use structure. The LDR change will also will also clarify that multiple family structures and townhouses are not currently permitted in the district, while not preventing residential uses in a mixed-use structure in a manner more consistent with the neighborhood. The amendment also limits the width - 15 - 11/16/04 -- ---- ------- ~ of a building fronting a street to 60 feet and requires a minimum separation of 15 feet between buildings fronting a street for a development site that contains more than one structure. These dimensions have been selected as it reflects the prominent development pattern given the average lot width of 75 feet and requires side setbacks of 7 ~ feet within the district. In order to accommodate massing and scale appropriate to the district, the floor area for the third floor shall be no more than 50% of the second floor area and the building setbacks or planes of the fa9ade shall be offset and varied to provide visual relief. Pursuant to LDR Section 2.4.5(M)(5), approval of an LDR amendment must be based upon a finding that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. At its meeting of October 18, 2004, the Planning and Zoning Board considered this request. There were two members of the public who spoke in opposition to the amendment. One person owned two properties and was concerned that he could not add additional units on the property as a result of the amendment. He was informed that multiple family structures are currently not allowed and the amendment will provide clarification to that affect. A representative from Dharma properties expressed concerns with limiting the width of the structures fronting a street and felt that existing historic structures could not be constructed based on the proposed amendment. After discussing the amendment, the Board voted 5-1 (Pike dissenting, Krall absent) to recommend approval of the proposed amendment by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the LDR's. Mayor Perlman declared the public hearing open. John Romano, representing Dharma Properties, Inc., (1005 Lake Avenue, Lake Worth, FL), stated he appeared before the Planning and Zoning Board and entered their obj ection into the record. Mr. Romano entered a letter from Paul Nicoletti (a Planning and Zoning lawyer) into the record which sets forth their position and objections. Mr. Romano stated there will be a meeting on Friday, November 19, 2004, with Jeff Costello, Assistant Planning Director. Mr. Romano requested that this ordinance be moved to a date certain (the next meeting or the meeting after) to allow both parties adequate time to continue to work through some problems. There being no one else from the public who wished to address the Commission regarding Ordinance No. 59-04, the public hearing was closed. Prior to the vote, brief discussion between staff and the Commission followed. Mr. Levinson moved to adopt Ordinance No. 59-04 and the amendment to LDR Sections 4.3.4(K) and 4.4.24 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 - 16 - 11/16/04 meets criteria set forth in Section 2.4.5(M) of the LDR's on Second and FINAL Reading, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Ms. McCarthy - No; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 4 to 1 vote, Commissioner McCarthy dissenting. 10.C. ORDINANCE NO. 49-04 (SECOND READING/SECOND PUBLIC HEARING): An ordinance amending Chapter 2, "Administrative Provisions", of the Land Development Regulations by amending Section 2.4.6(H), "Temporary Use Permit" regarding horse drawn carriages to allow the use of horse drawn carriages (for special events) if the owner or operator has a license agreement approved by the City Commission and providing for limited hours in the summer season. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 49-04 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 SUBSECTION 2.4.6 (H)(3)(D) BY ADDING SUBSECTION 2.4.6(1I)(3)(l)), (2), ALLOWING THE USE OF HORSE DRAWN CARRIAGES FOR SPECIAL EVENTS IF THE OWNER OR OPERATOR HAS A LICENSE AGREEMENT APPROVED BY THE CITY COMMISSION AND PROVIDING FOR LIMITED HOURS IN THE SUMMER SEASON; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 49-04 is on file in the City Clerk's office. ) The City Attorney read the caption ofthe ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling, Director of Planning and Zoning, stated this ordinance would allow horse drawn carriages for special events, however, limited to weddings if the owner/operator enters into a license agreement with the City of Delray Beach. Horse drawn carriage special event rides would not be permitted before 6:00 p.m. or after 10:00 p.m. from June 15t through November 15t for all special events except for weddings which are also allowed to occur between the hours of 8:00 a.m. and 12:00 noon from June 15t - 17 - 11/16/04 through November 1 st. This restriction would assure that the rides would not be conducted between the hottest parts of the day. Pursuant to LDR Section 2.4.5(M)(5), approval of an LDR amendment must be based upon a finding that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. While the amendment does not specifically further the Goals, Objectives and Policies of the Comprehensive Plan, it is not inconsistent with them. Therefore, a positive finding can be made with respect to LDR Section 2.4.5(M)(5). At is meeting of August 26, 2004, the Planning and Zoning Board first considered the amendment and after discussing the amendment it was continued with direction to provide clarifying language. The ordinance was amended by the City Attorney's office and reconsidered by the Board at their October 18th meeting. The Board took public testimony from the owner of Horse Drawn Carriages, Inc. who felt there should be no restrictions on the hours of operation. After deliberation, the Planning and Zoning Board recommended approval of the proposed amendment without the language restricting hours of operation, by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) ofthe LDR's. At its meeting of August 12,2004, the Community Redevelopment Agency (CRA) considered the LDR amendment and after discussion, voted to defer this item to the City Commission. At its meeting of August 13, 2004, the Downtown Development Authority (DDA) considered the amendment and recommended denial. The Board felt that there should be no restrictions on the hours of operation because that would be self regulated by the carriage operators. Mayor Perlman declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 49-04, the public hearing was closed. Mr. Levinson moved to adopt Ordinance No. 49-04 and the amendment to the LDR's Section 2.4.6(H)(3), "Regulations and Restrictions" by adding Subsection 2.4.6(H)(3)( d)(2), allowing Horse Drawn carriages rides for special events if the operator has a license agreement approved by the City Commission and providing limited hours in the summer season by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the LDR's on Second and FINAL Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Perlman - No; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to 1 vote, Mayor Perlman dissenting. 10.D. ORDINANCE NO. 66-04 (FIRST READING/FIRST PUBLIC HEARING): An ordinance amending Land Development Regulations (LDR) to create a new Article 4.7, "FamilylWorkforce Housing", enacting 4.4.6(H)(6), "Density Bonuses", amending Article 4.5, "Overlay and Environmental Management Districts", by enacting - 18 - 11/16/04 --------- - - 4.5.9, "Southwest Neighborhood Overlay District", 4.5.10, "Southwest 10th Street Overlay District", and 4.5.11, "Carver Estates Overlay District", to provide for regulations and incentives to build workforce housing and to create overlay districts which are entitled to density bonuses for the provision of workforce housing units. If passed, a second public hearing will be scheduled for December 6, 2004. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 66-04 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, TO CREATE A NEW ARTICLE 4.7, "F AMIL Y /WORKFORCE HOUSING", PROVIDING FOR REGULATIONS AND INCENTIVES TO BUILD WORKFORCE HOUSING AND ENSURING THAT THE CITY HAS SUFFICIENT F AMIL YIWORKFORCE HOUSING; AMENDING 4.4.6, "MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT" BY ENACTING 4.4.6(H)(6), "DENSITY BONUSES", TO PROVIDE FOR DENSITY BONUSES IN CERTAIN OVERLAY DISTRICTS; AMENDING ARTICLE 4.5, "OVERLAY AND ENVIRONMENTAL MANAGEMENT DISTRICTS", BY ENACTING 4.5.9, "SOUTHWEST NEIGHBORHOOD OVERLAY DISTRICT", 4.5.10, "SOUTHWEST 10TH STREET OVERLAY DISTRICT" AND 4.5.11, "CARVER ESTATES OVERLAY DISTRICT", CREATING OVERLAY DISTRICTS WHICH ARE ENTITLED TO DENSITY BONUSES FOR THE PROVISION OF WORKFORCE HOUSING UNITS; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE (The official copy of Ordinance No. 66-04 is on file in the City Clerk's office.) The City Attorney read the caption ofthe ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling, Director of Planning and Zoning, stated this is the creation of three overlay districts in which bonuses are awarded for the privilege of workforce housing in the very low, low, and moderate category. The districts include the Southwest Neighborhood Overlay District, the Southwest 10th Street Overlay District, and Carver - 19- 11/16/04 ----~- Estates Overlay District. The Southwest Neighborhood Overlay District is being implemented as the Southwest Neighborhood Plan and it is called for in that Plan. The other districts are being created to accommodate a privately initiated development as well as a Future Redevelopment expansion of Carver Estates and the adjacent properties they have acquired. The goal of each is to assure that as development occurs that an affordable workhouse product component is included and to provide opportunities for existing residents to remain in the area. The Southwest Neighborhood Overlay District will allow additional densities above 12 units per acre to a maximum of 24 units to the acre based upon the provision of these workforce housing units. The bonus would vary based upon affordability, home size, and ownership vs. rental units. Greater bonus units are allotted for very low vs. low or moderate, for larger 4 or above bedroom homes vs. 3 bedroom homes, and for ownership units vs. rental units. Bonus units could be awarded by contributing to a housing trust fund ($60,000 per bonus unit) or by donating land (buildable lots). To achieve the maximum of 12 units per acre, the developments must substantially meet the existing performance standards as well as provide a minimum of 20% workforce housing units. All workforce housing units are to remain affordable for a period of no less than 30 years and will be enforced through recorded deed restrictions. There is a section in the Southwest 10th Street Overlay District at least 75% of the workforce housing units shall be 3 bedroom units offered for initial sale not to exceed $225,000 and 25% of the workforce housing may be 2 bedroom units offered at the low income affordability rate. Pursuant to LDR Section 2.4.5(M)(S) approval of an LDR amendment must be based upon a finding that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. This amendment furthers the following Comprehensive Plan policy and is consistent with the recently modified Future Land Use Element Medium Density residential text description. Mr. Dorling stated the amendment furthers the specific reference in Future Land Use Element Policy C-1.7and the recently amended Medium Density Residential text which specifically identifies workforce housing as a directive. At their meeting of November 11, 2004, the Community Redevelopment Agency (CRA) reviewed the LDR amendment and unanimously recommended approval. The West Atlantic Avenue Redevelopment Coalition (W ARC) considered the amendment at their November 10, 2004 meeting and unanimously recommended approval of the amendment. A public meeting was held at Old School Square on November 8, 2004 to discuss this ordinance. While attendance was light, there was overwhelming support for the ordinance. At its meeting of November 15, 2004, the Planning and Zoning Board considered this ordinance and recommended approval. Some concerns were brought up by members of the public and staff has met with the City Attorney today and discussed those specific issues. Joe Gray, JEG Urban Planning Associates, stated for the past several years he has been working with residents of the Southwest community and staff to (1) redevelop a Plan for the revitalization of the Southwest area and (2) see if the Plan gets implemented. Mr. Gray stated this ordinance is a powerful new tool that will allow this - 20- 11/16/04 to happen. He stated there are several goals that are addressed in the ordinance. One goal is to insure a variety of housing choices in the Southwest community so that people could advance through the various stages of life and stay in the community. A second goal is to create affordable housing opportunities so that people, who currently live there, will not be pushed out of the community. A third goal is to replace some of the substandard housing in the community and build on some of the vacant lots in the area. The fourth goal is to establish a resource pool to continue making improvements in the community. Mr. Gray stated he feels it will be simpler to use a flat form of using a family of four relative to income determinations. The second issue was related to the way the houses would be priced based on a fixed 30 year blended mortgage. He stated all the units would have a 30 year restriction which would be enforced by a deed restriction. He stated universal language will be drafted for this covenant so that everyone is not coming up with their own language for those restrictions. Mr. Gray stated there is an issue about whether or not these units would be affordable for the families being targeted based on the income criteria. The City Attorney referenced the following changes to the ordinance. On page 2, Section 4.7.1 (Definitions), the definition of Adjusted Median Income (A.M.!.)- The Palm Beach County median income, based on a family of four, as published by Florida Housing Finance Agency. In addition, on page 13, Section 4.7.7(e)(i) (For Sale Housing Units) Sales prices for workforce housing units will be calculated on the basis of "The sales price of a new structure for low and very low households may not exceed the maximum price established by the Community Improvement Department under the approved Local Housing Assistance Plan (LHAP)" and Section 4.7.7(e)(ii) "F or moderate income households, the maximum price shall be established by the Community Improvement Department based on a formula that considers the prevailing mortgage interest rates, as approved by the City Commission by resolution." The City Attorney stated Section 4.7.7(e)(iii) and Section 4.7.7(e)(iv) will be deleted. Mayor Perlman declared the public hearing open. Dorothy Ellington, Delray Beach Housing Authority, supports this ordinance and stated the Delray Beach Housing Authority was fully involved in the development of the ordinance. She urged the Commission to approve this ordinance. Mr. Levinson stated under 4.7.2(c) (Applicability) it talks about the three overlay districts and one of the provisions is that the developer or responsible party must provide relocation assistance at a minimum of $2,500.00 per household to very low and low income residents that are displaced as a result of the proposed project. Mrs. Ellington stated this would have to been done even without this ordinance. Tim Hernandez, New Urban Communities (398 N.E. 6th Avenue, Delray Beach), stated they have done affordable housing in various cities and strongly supports the ordinance. - 21 - 11/16/04 Michael Weiner, Attorney with Weiner & Aronson, P .A., speaking on behalf of Lennar, reiterated how appreciative they are of how the staff has handled this to help make this happen in a short period of time. There being no one from the public who wished to address the Commission regarding Ordinance No. 66-04, the public hearing was closed. Mr. Costin congratulated staff and feels this is a wonderful thing for Delray. He stated as far as an eligible occupant is concerned if a person is displaced is there a mechanism by which that person who is displaced would have a priority in that development. The City Attorney stated there is a provision in the ordinance that if someone is displaced and they do not qualify for low or very low they will be given an opportunity to buy in there even though they may not meet those certain criteria. Mr. Gray stated although people are not given a priority, they do become automatically eligible as a recipient of the benefit of the workforce unit. He stated the ordinance also requires that if a person is displaced as a result of a builder, the builder is required to provide displacement assistance in the amount of a minimum of $2,500.00 to the person who is displaced. The person who is displaced may not meet the minimal income requirement and if they are displaced, these requirements are waived. Mrs. Butler stated that anyone in the low or very low income who ends up in homeownership will be subsidized. However, staff feels that moderately income priced households have a little bit more of an opportunity to use flexible financing because their income is a little higher. Ms. McCarthy inquired as to whether or not there will be any FHA housing. Mrs. Butler stated staff did not address the FHA component. Ms. McCarthy stated with regard to affordable housing if people are working good jobs and good credit and they qualify to use that FHA criteria it should be part of the affordable housing component. Therefore, Ms. McCarthy suggested that language be added to the ordinance that encourages developers to consider FHA components. After brief discussion, Mayor Perlman suggested that Ms. McCarthy's suggestion be reviewed before the meeting of December 6, 2004. Mr. Levinson congratulated staff and Mr. Gray for all their efforts with regard to the ordinance. Mr. Levinson stated he has received calls from people around South Florida who have heard about the affordable housing component with density bonuses, etc. and are asking for copies of the ordinance. In addition, Mr. Levinson stated he is excited to see Dorothy Ellington involved in this and commented that one of the components that he sees as a real potential the density bonuses could be done through the payments which could then be used for Carver Estates to build new facilities. Mayor Perlman congratulated staff and commented that workforce housing and affordability has been a longstanding goal of this Commission. He suggested looking at its applicability citywide at some point in the future. Mayor - 22- 11/16104 ------ Perlman recommended that the next newsletter of the Southwest section be explained in simple terms so that the residents will better understand it. Mr. Levinson moved to adopt Ordinance No. 66-04 and amendment to the LDR's to create a new Article 4.7 "Family/Workforce Housing", amending Section 4.46(H)(6) by enacting "Density Bonuses" and Article 4.5 "Overlay and Environmental Management Districts" by enacting Section 4.5.9 "Southwest Neighborhood Overlay District"; Section 4.5.10 "Southwest 10th Street Overlay District"; and Section 4.5.11 "Carver Estates Overlay District" creating overlay districts which are entitled to density bonuses for the provision of workforce housing units by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the LDR's, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mr. Costin- Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. 10.E. ORDINANCE NO. 64-04 (SECOND READING/SECOND PUBLIC HEARING): An ordinance amending Land Development Regulations (LDR) Subsection 4.3.3(0)(1), Application; 4.3.4(J)(4), "Increases to Height Regulations"; Subsection 4.3.4(K), "Development Standards Matrix" , Section 4.4.9 "General Commercial (GC) District"; Section 4.4.13, "Central Business District (CBD)"; Subsection 4.4.24(F), "Development Standards"; Section 4.5.6, "The West Atlantic Avenue Overlay District"; Subsection 4.6.4(A), "Commercial Zoning Adjacent to Residential Zoning or Zoning Districts with a Thirty-five (35) Foot Height Limitation"; Subsection 4.6.9(E)(3), "In-lieu Fee", and Subsection 4.6.18 "Architectural Elevations and Aesthetics" to incorporate regulations related to the GC (General Commercial) portion of the West Atlantic Avenue Overlay District into the CBD (Central Business District). Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 64-04 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF CODE OF ORDINANCES, BY AMENDING SUB-SUBSECTION 4.3.3(0)(1), "APPLICATION"; SUB-SUBSECTION 4.3.4(1)(4), "INCREASES TO HEIGHT REGULATIONS"; SUBSECTION 4.3.4(K), "DEVELOPMENT STANDARDS MATRIX"; SECTION 4.4.9, "GENERAL COMMERCIAL (GC) DISTRICT; SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT"; SUBSECTION 4.4.24(F), "DEVELOPMENT STANDARDS"; SECTION 4.5.6, "THE WEST ATLANTIC OVERLAY DISTRICT"; SUBSECTION - 23- 11/16104 ---- 4.6.4(A), "COMMERCIAL ZONING ADJACENT TO RESIDENTIAL ZONING OR ZONING DISTRICTS WITH A THIRTY -FIVE (35) FOOT HEIGHT LIMITATION"; SUB-SUBSECTION 4.6.9(E)(3), "IN- LIEU FEE" AND SUBSECTION 4.6.18, "ARCHITECTURAL ELEV A TIONS AND AESTHETICS"; PROVIDING A SA VING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 64-04 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling, Director of Planning and Zoning, stated this ordinance implements the design guidelines which were identified as part of the Downtown Delray Beach Master Plan. Mr. Dorling stated as the guidelines were being completed, the City also began the process of adopting a Future Land Use Map amendment and rezoning of the West Atlantic Neighborhood from GC to CBD, to be consistent with the zoning of the balance of the downtown area. At their meeting of October 18,2004, the Planning and Zoning Board held a public hearing in conjunction with the proposed text amendment. After deliberation, the Board recommended approval of the proposed text amendment on a vote of 6-0 (Krall absent), 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 1.1.6(A) and 2.4.5(M) of the LDR's. Mayor Perlman declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 64-04, the public hearing was closed. Mr. Costin moved to adopt Ordinance No. 64-04 and amendment to the LDR's as it relates to the design guidelines by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 1.1.6(A) and 2.4.5(M) on Second and FINAL Reading, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy- Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote. 10.F. ORDINANCE NO. 62-04: An ordinance amending Land Development Regulations (LDR), 1.3.6(A) "Repairs and Maintenance" to allow repair and maintenance to nonconforming historic structures to exceed the annual maximum thresholds listed for - 24- 11/16/04 nonconforming structures. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 62-04 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRA Y BEACH, FLORIDA, BY AMENDING ARTICLE 1.3, "NONCONFORMING USES, LOTS, AND STRUCTURES", SECTION 1.3.6, "REPAIRS AND MAINTENANCE", TO ALLOW REPAIR AND MAINTENANCE TO NONCONFORMING HISTORIC STRUCTURES TO EXCEED THE ANNUAL MAXIMUM THRESHOLDS LISTED FOR NONCONFORMING STRUCTURES; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 62-04 is on file in the City Clerk's office. ) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter ofthe City of Delray Beach, Florida. Paul Dorling, Director of Planning and Zoning, stated currently the LDR's call for maximums of 15% (10% interior, 15% exterior) modifications for non- conforming structures. Staff found that this was counterproductive to restoration of historic structures which generally exceed that. This change is being made to exempt historic structures from the maximum thresholds by encouraging redevelopment of historic structures. Mr. Dorling stated this is consistent with Future Land Use Element Objective A-4 and Housing Element Objective A-lO and staff recommends approvaL At its meeting of October 18, 2004, the Planning and Zoning Board held a public hearing in conjunction with the proposed text amendment. After deliberation, the Board recommended approval of the proposed text amendment on a vote of 7-0 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 1.1.6(A) and 2.4.5(M) ofthe LDR's. Mayor Perlman declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 62-04, the public hearing was closed. - 25 - 11/16/04 Mrs. Archer moved to adopt Ordinance No. 62-04 and amendment to LDR Section 1.3.6(A), 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 1.16(A) and 2.4.5(M) of the LDR's on Second and FINAL Reading, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 10.G. ORDINANCE NO. 63-04: An ordinance amending Land Development Regulations (LDR), Appendix "A", "Definitions", to provide a more detailed definition of "Sign". Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 63-04 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE 14-04 BY AMENDING SECTION 3, APPENDIX "A", "SIGN", TO PROVIDE A MORE DETAILED DEFINITION OF "SIGN"; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 63-04 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling, Director of Planning and Zoning, stated the proposed text amendment is to provide a more accurate and precise definition of sign. At its meeting of October 18, 2004, the Planning and Zoning Board held a public hearing regarding this item and after discussing the amendment, the Board voted 6-0 (Krall absent) to recommend approval of the proposed amendment to Appendix "A" of the LDR' s regarding the definition of "Sign", by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the LDR's. Mayor Perlman declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 63-04, the public hearing was closed. Mrs. Archer moved to adopt Ordinance No. 63-04 and amendment to Appendix "A" of the LDR's regarding the definition of "Sign" by adopting the findings - 26- 11/16/04 ----~- of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the LDR's on Second and FINAL Reading, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. At this point, the Commission moved to Item 11, Comments and Inquiries on Non-Agenda Items from the City Manager and the Public. 11.A. City Manaeer's response to prior public comments and inquiries. With regard to a prior concern expressed by several residents of Delray Lakes that were concerned about the hydrilla infestation in the canal that borders the subdivision, the City Manager stated staff has been working on this and have been in contact with the contractor that does maintenance in other areas of the City. The City Manager stated there was a lot of confusion about what they were exactly responsible for. The City Manager stated he believes what was happening is that they have a contract for emergent vegetation but not hydrilla and staff is trying to verify this in writing. As soon as it can be sorted out what the contractor is supposed to be doing and who will pay for it, staff will come back to the Commission with a proposal on how to deal with the hydrilla situation in the canal. With regard to a prior concern expressed by Mrs. Finst at the September 21, 2004 City Commission meeting about a couple of properties in the Chatelaine subdivision that had unfenced swimming pools, the City Manager stated both of those have been rectified; one by the owner of the property and the other by the financial institution that had foreclosed on the property. With regard to a prior concern expressed by Mr. Marks about starting sidewalk construction without giving him notice, the City Manager stated the City has apologized to him for this because he should have been notified. This project was approved in 1996 and the City received the federal funds to do the project and that is the way the project is preceding. The City will adjust the sidewalk within the existing right- of-way to try to minimize the impact on vegetation and landscaping. It will be carried across driveways but will save paver bricks or anything they have so the property owner can use them. The City Manager stated this project is proceeding and staff feels they have addressed the concerns expressed by Mr. Marks. II.B. From the Public. None. At this point, the time being 8:16 p.m. the Commission moved to Item 9.F. of the Regular Agenda. - 27- 11/16/04 9.F. TENNIS CENTER CONSULTING AGREEMENT/JCD SPORTS GROUP. INC.: Consider approval of a consulting agreement with JCD Sports Group, Inc. in the amount of $20,000.00 for the period of December 1, 2004 through November 30, 2005. Funding is available from 001-4210-575-34.90 (Tennis Center Special EventslOther Contractual Services). The City Manager stated in December 1999 the City entered into an agreement with JCD Sports Group to assist the City in marketing the Tennis Center in particular the stadium. JCD Sports Group is asking for an increase in compensation from $18,000.00 to $20,000.00. The City Manager stated staff can give the Commission quarterly reports on what Mr. Dubin is doing on all the action items so that the Commission is aware of what is being done. Mr. Levinson requested that the language suggested by the City Manager be added to the agreement. Mayor Perlman inquired about the concert promoter. The City Manager stated staff believes the concert promoter is going to walk away from the contract and forfeit his deposit of $50,000. Mrs. Archer moved to approve the Tennis Center Consulting Agreement with JCD Sports Group, Inc., in the amount of $20,000.00 and include the language to the agreement as suggested by the City Manager, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. At this point, the Commission moved to Item 12, First Readings. 12. FIRST READINGS: 12.A. ORDINANCE NO. 60-04: An ordinance rezoning from CF (Community Facilities) and R-I-A (Single Family Residential) to RM (Medium Density Residential) for an 8.96 acre parcel of land for The Cottages at Banyan Village, located at the southwest comer of Swinton Avenue and S.W. 10th Street. If passed, a public hearing will be scheduled for December 6, 2004. The City Manager presented Ordinance No. 60-04: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED R-l-A (SINGLE FAMILY RESIDENTIAL) DISTRICT AND CF (COMMUNITY FACILITIES) DISTRICT TO RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT; SAID LAND BEING A PARCEL OF LAND LOCATED AT THE SOUTHWEST CORNER OF SW 10TH STREET AND - 28- 11/16/04 SOUTH SWINTON AVENUE, AS MORE P ARTICULARL Y DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRA Y BEACH, FLORIDA, JULY 2004"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 60-04 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Ms. McCarthy declared a Conflict of Interest and stepped down from the dais. Mayor Perlman passed the gavel to Deputy Vice Mayor Levinson and stepped down from the dais. Paul Dorling, Director of Planning and Zoning, stated this was part of a larger amendment that went to Department of Community Affairs (DCA). At that time, staff initially recommended denial and the Commission forwarded this to DCA and expressed that staff needed to work with the developer and see if there could be some resolve with respect to workhouse housing and its relation to the Southwest Plan. Staff has continued to work with the developer and the subsequent ordinance passed early on included an overlay district for this piece of property and staff is now recommending approval. Deputy Vice Mayor Levinson noted that if this ordinance is passed this evening, a public hearing will be held on Monday, December 6, 2004. Mr. Costin moved to approve Ordinance No. 60-04 on FIRST Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Costin- Yes; Mrs. Archer - Yes; Deputy Vice Mayor Levinson - Yes. Said motion passed with a 3 to 0 vote. 12.B. ORDINANCE NO. 65-04: Future Land Use Map Amendment (FLUM) from County LR-3 (Low Residential- 3 units per acre) to GC (General Commercial) and annexation with initial zoning of AC (Automotive Commercial) for a parcel of land within unincorporated Palm Beach County, located at 5005 Conklin Drive (northwest comer of Military Trail and Conklin Drive aka Tire Kingdom). If passed, a public hearing will be scheduled for December 6, 2004. The City Manager presented Ordinance No. 65-04: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRA Y BEACH, A - 29- 11/16/04 PARCEL OF LAND LOCATED AT THE NORTHWEST CORNER OF CONKLIN DRIVE AND MILITARY TRAIL, AS MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS; REDEFINING THE BOUNDARIES OF THE CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AFFIXING AN OFFICIAL LAND USE DESIGNATION OF GC (GENERAL COMMERCIAL) FOR SAID LAND TO THE FUTURE LAND USE MAP AS CONTAINED IN THE COMPEHENSIVE PLAN; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; PROVIDING FOR THE ZONING THEREOF TO AC (AUTOMOTIVE COMMERCIAL) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 65-04 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Paul Dorling, Director of Planning and Zoning, stated this is a voluntary annexation, a Future Land Use Map Amendment under the small scale criteria, and a zoning from a County LR-3 (Low Residential - 3 du/ac) to City GC (General Commercial), and the initial zoning designation of AC (Automotive Commercial). Tire Kingdom was established in the County in 1985 and staff recommends that this be passed subject to the original conditions of approval that were placed on it by the County which were placed on it to accent its compatibility with its adjacent residential. Mr. Dorling stated the repair activities are related to tire and wheel installation including wheel balancing and brake repair. The hours of operation are from 8:00 a.m. to 5:30 p.m. At its meeting of November 15, 2004, the Planning and Zoning Board considered the request. There was some concern expressed by the public that improvements were going to be done to this site. Mr. Dorling clarified that there are no improvements associated with it and any site plan approval would have to go through a conditional use request and the public would be noticed. Staff recommends approval of Ordinance No. 65-04. Mr. Costin moved to approve Ordinance No. 65-04 on FIRST Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Deputy Vice Mayor Levinson - Yes; Mr. Costin - Yes. Said motion passed with a 3 to 0 vote. - 30- 11/16/04 At this point, the Commission moved to Item 13, Comments and Inquiries on Non-Agenda Items. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. B.A. City Manal!:er The City Manager stated he is very pleased to announce Chevelle D. Nubin is now the City Clerk. . 13.B. City Attornev The City Attorney informed the Commission Mr. Malkemes is present this evenmg. Secondly, the City Attorney commended Cathy Kozol, Assistant City Attomey/Police Legal Advisor for being nominated Police Department Employee of the Month. Lastly, the City Attorney extended her congratulations to Chevelle D. Nubin in her position as City Clerk. B.C. City Commission 13.C.1. Mrs. Archer Mrs. Archer inquired about the Staff Appreciation Lunch. Mayor Perlman stated he will have Delores Rangel, Administrative Assistant call everyone with a date for the luncheon. Secondly, Mrs. Archer stated she had the opportunity to attend the Chairman's Club Luncheon at the Greater Delray Beach Chamber of Commerce and the panel of five former Delray Beach Mayors gathered for an informal discussion that centered on their experiences, recollections and thoughts about their time in office. She stated it was very interesting and encouraged staff to obtain information and archive it through Old School Square. She stated she also had the opportunity to attend a get together at A VDA' s new transitional housing. They were celebrating the fact that it is built and will be occupied beginning next month and provides an opportunity for a victim of domestic abuse to stay with his/her children for a period of up to two years while they find a job and an appropriate place to live. She stated she had the opportunity to attend a dinner for the Boy Scouts honoring State Representative Machek and commented it was nicely done and she was very pleased to be able to represent the Commission. - 31 - 11/16/04 Mrs. Archer stated she had the opportunity to go to Spa Eleven. Mrs. Archer extended her congratulations to Chevelle D. Nubin in her position as City Clerk. She stated this is the first year in four years that she has not been able to attend the Veteran's celebration at Veteran's Park and the cemetery. Mrs. Archer stated she has a conflict and will not be able to attend the Principals Luncheon on Thursday, November 18, 2004. 13.C.2. Mr. Costin Mr. Costin stated he attended the get together for A VDA and he was impressed with the facility. Secondly, he stated the Chairman's Luncheon was very nice. Mr. Costin stated he attended the American Legion services at the cemetery and feels the soldiers have given a lot for this country and wished people would be more remembering of them. Lastly, Mr. Costin extended his congratulations to Chevelle D. Nubin in her position as City Clerk. 13.C.3. Mr. Levinson Mr. Levinson stated Boynton Beach has created a greenways program and is looking at the possibility of connecting some greenway land that would come right to Delray Beach from Caloosa Park. He suggested that staff look into whether there are some opportunities for the City of Delray Beach to connect Lake Ida Park or at least in that right-of-way. Secondly, Mr. Levinson stated at the Palm Beach County School Board Organizational meeting Mr. Tom Lynch was re-elected Chairman and Mr. Graham was re-elected Vice Chairman. He stated he had the opportunity to go to Tropic Bay condominium on Sunday and commented the property values have tripled in the last 2-3 years. He stated the community had a major renovation to the marina and noted Tropic Bay subdivision is becoming a terrific partner with the Tropic Isle subdivision. Mr. Levinson extended his congratulations to Chevelle D. Nubin who has been appointed City Clerk. He stated there is still great productivity continuing in the City Clerk's office since the retirement of the former City Clerk. - 32- 11/16/04 Mr. Levinson commented about newspaper articles in The Palm Beach Post regarding Mayor Perlman. 13.C.4. Ms. McCarthv Ms. McCarthy had no comments or inquiries on non-agenda items. 13.C.5. Mavor Perlman Mayor Perlman reiterated comments expressed by Mrs. Archer regarding the former Mayor's Program and stated it was a great program. He stated he talked to Tom Lynch and David Schmidt and both had expressed interest in being willing to do this for a larger audience preferably in the evening to impart some lessons on the community. He suggested that something be done with regard to oral histories because they have thirty years worth of leadership in Delray Beach. Mayor Perlman stated on his column "From the Mayor's Desk" he wrote about how everyone is tied or connected in some way Mayor Perlman stated the Delray Beach Historical Society did an hour interview with him. Mrs. Archer suggested that this be videotaped. Secondly, he stated Terrill Pyburn, Assistant City Attorney, prepared a letter regarding FEMA and asked for permission to write a letter to local Congressmen and request some assistance. Mayor Perlman stated the City of Delray Beach should be reimbursed because a hurricane is a natural disaster. He stated The Hamlet was immensely appreciative of the City's efforts because they had many trees down due to the hurricanes. In addition, he stated The Hamlet held a fundraiser for breast cancer and raised approximately $70,000. Mayor Perlman stated Nancy Stewart has asked the Commission to serve meals at Jimmy's Stone Crab on Thanksgiving from 11 :00 a.m. - 2:00 p.m. Also, he stated the Commission will be delivering several turkeys on Friday, November 19,2004 throughout the community. Lastly, Mayor Perlman extended his congratulations to Chevelle D. Nubin in her position as City Clerk and stated he really enjoys working with her. There being no further business, Mayor Perlman declared the meeting adjourned at 8:45 p.m. City Clerk - 33 - 11/16/04 ------ ATTEST: MAYOR 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 November 16,2004, 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. - 34- 11/16104 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER lOCAL PUBLIC OFFICERS '-"'ST NAME-FIRST NAME-MIOOLE NAME NAME OF BOARD. COUNCIl. COMMISSION, AUTHORITY, OR COMMITTEE Mberta Delra Beach TI-tE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: CITY COUNTY Ii CITY a COUNTY [J OTHER LOCAL AGENCY Delray Beach NAME OF POLITICAL SUBDIVISION: City of Delray Beach Commission DATE ON WHICH VOTE OCCURRED MY POsrnON IS: November 16, 2004 ELECTIVE [J APPOINTIVE WHO MUST FILE FORM 88 This fann is for use by any person serving at the county. city, or other local level of government on an appointed or elected board, council, commission. authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflICt of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason. please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a prinCIpal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the speCIal private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre. one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a Krelative. includes only the officer's father, mother. son. daughter, husband. wife. brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation . are not listed on any national or regional stock exchange). * . . * . * . . . . . * . . . . ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the fonn in the minutes. . * . * * * * . * * . . * * * * APPOINTED OFFICERS: Although you must abstain from voting in the situations described above. you otherwise may participate in these matters: However. you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: . You must complete and file this fann (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 8B-EFF.112000 11/16/04 Item 12.A PAGE 1 APPOINTED OFFICERS (continued) . A copy of the foon must be provided immediately to the other members of the agency. . The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: . You must disclose orally the nature of your conflict in the measure before participating. . You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting. who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, Alberta Perry McCarthv , hereby disclose that on November 16 ,20<<!L: (8) A measure came or will come before my agency which (check one) L inured to my special private gain or loss; _ inured to the special gain or loss of my business associate, , _ inured to the special gain or loss of my relative, , _ inured to the special gain or loss of ,by whom I am retained; or _ inured to the special gain or loss of ,which is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: My Real Estate Agent listed this prop~rty pending litigation. 11/16/04 Date Filed NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 88 - EFF. 112000 PAGE 2 --- SPECIAL MEETING NOVEMBER 19, 2004 A Special Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Vice-Mayor Alberta McCarthy in the City Manager's Conference Room at City Hall at 3:30 P.M., Friday, November 19,2004. Roll call showed: Present - Vice-Mayor Alberta McCarthy Commissioner Bob Costin Commissioner Jon Levinson Absent - Mayor Jeff Perlman Commissioner Patricia Archer Also present were - Assistant City Manager Robert Barcinski City Attorney Susan A. Ruby and City Clerk Chevelle D. Nubin Vice-Mayor McCarthy called the meeting to order and announced that it had been called for the purpose of considering the following items: (1) RESOLUTION NO. 87-04: Certify the results of the November 19, 2004 Special Election Referendum. QUESTION Authorization for the Sale of a Part of a Lot Located Behind Current Library In 2001, the voters of the City authorized the release of deed restrictions that existed on the current library property. Subsequently, it was discovered that a similar deed restriction also existed on a part of Lot 15, behind the current library. Do you consent to the release of the restriction on part of Lot 15, authorizing the sale of the property with the proceeds to be used for public parking? YES (for approval) ~ NO (against approval) 5.071 Approve the total votes for the Ballot Ouestion. and that it is hereby declared. based upon the above and foregoing results that the Ballot Ouestion passed. The City Attorney read the results regarding the Referendum Ballot Question. Mr. Costin moved to approve the motion, seconded by Mr. Levinson. Upon roll call, the Commission voted as follows: Mr. Costin - Yes; Mr. Levinson - Yes; Vice-Mayor McCarthy- Yes. Said motion passed with a 3 to 0 vote. Adoj)t Resolution No. 87-04 including- Exhibit "A" as presented. Mr. Levinson moved to approve and adopt Resolution No. 87-04 including Exhibit "A" as attached, seconded by Mr. Costin. Upon roll call, the Commission voted as follows: Mr. Levinson- Yes; Vice-Mayor McCarthy - Yes; Mr. Costin - Yes. Said motion passed with a 3 to 0 vote. (2) COMMISSION COMMENTS. None Vice-Mayor McCarthy declared the Special Meeting adjourned at 3:35 p.m. City Clerk ArrEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach, Horida, and the information provided herein is the Minutes of the Special Meeting of the City Commission held on November 19, 2004, 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 amendments, additions or deletions to the Minutes as set forth above. -2- November 19, 2004 - - ~--------_._---- - . - [ITY DF DELRA' BEA[H 100 N W 1st AVENUE . DELRAY BEACH. FLORIDA 33444 . 561/243-7000 DELRA Y BEACH ~~A';. PROCLA1WATION AII.Amerlca City , III I! 1993 2001 WHEREAS, the Governor of the State of Florida, out of companion bills by Senator Gwen Margolis and Representative Gus Barreiro, signed a bill into law in 2003 designating January, annually, as FLORIDA JEWISH HISTORY MONTH; and WHEREAS, FLORIDA JEWISH HISTORY MONTH focuses on the tremendous contributions Floridian Jews have made in every area of the development of the State of Florida; and WHEREAS, Jews in Florida represent the nation's third largest Jewish Community; and WHEREAS, the Jewish Museum of Florida retrieves, preserves, and displays all aspects of Jewish life in the State of Florida from 1763 to the present, exploring the richness and diversity of Jewish traditions and culture and how Jews influence and are influenced by the historic and cultural dynamics of Florida, the nation, and the world; and WHEREAS, the second annual FLORIDA JEWISH mSTORY MONTH will be inaugurated at the Jewish Museum of Florida on Sunday, January 9, 2005. NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim the month of January, 2005 as the second annual FLORIDA JEWISH HISTORY MONTH in the City of Delray Beach, Florida, and call upon all residents to join with me in celebration of this important observance. 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 6th day of December, 2004. fRt Pnnted Of' Recvcled PaDer THE EFFORT ALWAYS MATTERS (p - o/<. tM WHEREAS, the Governor of the State of Florida, out of companion bills by Senator Gwen Margolis and Representative Gus Barreiro, signed a bill into law in 2003 designating January, annually, as FLORIDA JEWISH HISTORY MONTH; and WHEREAS, FLORIDA JEWISH HISTORY MONTH focuses on the tremendous contributions Floridian Jews have made in every area of the development of the State of Florida; and WHEREAS, Jews in Florida represent the nation's third largest Jewish Community; and WHEREAS, the Jewish Museum of Florida retrieves, preserves, and displays all aspects of Jewish life in the State of Florida from 1763 to the present, exploring the richness and diversity of Jewish traditions and culture and how Jews influence and are influenced by the historic and cultural dynamics of Florida, the nation, and the world; and WHEREAS, the second annual FLORIDA JEWISH HISTORY MONTH will be inaugurated at the Jewish Museum of Florida on Sunday, January 9,2005. NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim the month of January, 2005 as the second annual FLORIDA JEWISH HISTORY MONTH in the City of Delray Beach, Florida, and call upon all residents to join with me in celebration of this important observance. 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 6th day of December, 2004. JEFF PERLMAN MAYOR tD ~ . -- ----- --~----- 1~ ":' r;: fl ~'l [.' : 'i '\: ' ~ I ., j 1 f . :- - .- t~-- JEWISH MUSEUM ; , 100 by the -1 NOV I 9 ~::; ~~<'~ c:.> ('l U 1> . <C' Z .. ) OF FLORIDA .. . 11 )> (j1 C/) -z. C/) ..liI -?~ $ .J:,,{)O oS'rJt1/ ::/0 NO\~ i~ ~ 0;< \ Ll j > M October 2004 r U- s \~ 1\<" ~p OfFICERS Norman Levine, Miami Dear Political Leader: "'OJ~ C S1 f President Jeffrey Gilbert, Miami Beach Barton Goldberg, MIami Beach As you are already aware, during the 2003 Flo . a Legislative session, a Bill Gabriela J. Landau, Coral Gables Leonard A. Wien, Jr, Miami Beach was approved unanimously and signed by the Governor into law, designating Vice Presidents each January as FLORlDAJEWlSH HISTORY MONTH. The inaugural Ira D Giller, MiamI Beach month-long observance, held January 2004, received an overwhelmingly Treasurer enthusiastic response. Helene Dubbin, Miami Immediate Past President Proclamations were received from cities throughout Florida, Myra Farr, Bay Harbor Islands Norman M. Giller, Miami Beach however, we are missing your municipality. We will be publicizing Advisory Council Co-Chairs all those involved, so we need your reply and actual proclamation DIRECTORS before December 15, 2004. The 2nd Annual FloridaJewish History Sidney Cooperman, Bay Harbor Islands Paul Drucker, Boca Raton Month Official Observance will take place at the Museum on Sunday, LeWIS M. Kanner, Miami January 9,2005 at 10: 30 am. Your presence is very important to us, Betsy H. Kaplan, MIami Tania Lapciuc, MIamI Beach therefore, we hope we can count on you to attend this historic event. Alan J. Levy, Fort Lauderdate Isabel Mav, Bal Harbour RSVP to 305-672-5044 ext. 21. AVIS Lee Neiman, MIami MariLyn Potash. Miami Leonard Robbins, Hollywood Initiated by the Jewish Museum of Florida, we committed to create and Risa Schiff, Hollywood LOUIS Schneider, Miami Beach distribute materials to honor the indelible imprint of Floridian Jews on the State's Gerald K. Schwartz, Miami Beach Jackie Traurig, Coconut Grove history. The enclosed information helps tell the stories of Floridian Jews who made Linda B. Zllber, Bay Harbor Is/ands their mark or who impacted every area of the development of Florida. If you have any questions or need further assistance, please call me at PAST PRESIDENTS 305-672-5044, ext. 18 or Laura Bolser, Director of Marketing at ext. 21. w. James Orovitz, Miami (MOSAiC Founding President) Organizations interested in having a speaker for FLORlDAJEWlSH Maynard Abrams (deceased) HISTORY MONTH should contact Mina Lev-Drewes at 305-672-5044 Helene HerskOWitz, De/ray Beach Sandra Angel Malamud, Sarasota ext. 19. Please take this opportunity to be a part of this pioneering state\'vide Norman M Giller. MiamI Beach (Museum Founding PreSIdent) effort. Together we can make it an enlightening annual celebration for all Norman LeVine, MiamI Florida residents to experience our rich, cultural diversity. Thank you. Helene Dubbin, MIami Yours~y, ~ FOUNDING EXECUTIVE DIRECTOR tit CUlEf CURATOR ~~ &/~ Marcia K Zerivitz m~~u,t Marcia . tz Laura Bolser ASSOCIATE DIRECTOR tit ASSOCIATE CURATOR Founding Executive Director Director of Marketing Jo Ann Arnowitz 301 Washington Avenue. Miami Beach, FL · 33139-6965 305-672-5044 . fax 305-672-5933 . www.jewishmuseum.com . r.."JEWISU MUSEUM :'\~o by the..q ~Q~~~ ilia tlOF FLORIDA () (l () ~ <( . > .. 1301 Washington Avenue \Il f% I (l Miami Beach, FL 33139-6965 ~ $ 0 .. tl305-~72-?044 . fax 305-672-5933 '/~.s- -4{) www.Jewlshmuseum.com f"Jtv dO t-\O\Y Contact: Laura Bolser 305-672-5044,e)tt.21 publicrelations@jewishmuseum.com For Immediate Release FLORIDA CELEBRATES SECOND ANNUAL FLORIDA JEWISH HISTORY MONTH JANUARY 2005 MIAMI BEACH, FL (SEPTEMBER 2004): January 2005 marks the Second Annual Florida Jewish History Month that will focus attention on the tremendous contributions Floridian Jews have made in every area of the development of the state. The 2003 legislature unanimously passed a bill designating January as Florida Jewish History Month. The concept for Florida Jewish History Month began at the Jewish Museum of Florida, which collects, preserves and interprets the Jewish experience in Florida since 1763. Marcia Zerivitz, the Museum's Founding Executive Director and Chief Curator, worked closely with legislators to translate the Museum's mission to a statewide observance. It seemed fitting to honor Jewish contributions to the state. Sixteen percent of the American Jewish community lives in Florida. But while Florida hosts the nation's third largest Jewish community, it is perceived to have a "new" Florida Jewish history starting after World War II. In reality, Jews have been allowed to live in the state only since 1763 when Florida was taken from the Spanish, who permitted only Catholics, and turned over to the British in the Treaty of Paris following the French and Indian War. The first Jews settled in Pensacola that year. The man who brought Florida into statehood and served as its first senator (and the first Jew to serve in the U.S. Congress) was a Jew, David LevyYulee. Plans are being made now to celebrate Florida Jewish History Month in January 2005. Synagogues, schools and municipalities will all feature heavily in the month-long programming. "Florida's greatest asset is its people. Among the myriad of ethnic groups that have passed through our State since 1513J Jews are notable for remaining here and retaining their identity. Like other groups, Jews have actively participated in shaping the destiny of Florida. January of each year is a time to reflect on the significant contributions Floridian Jews have made/' says Zerivitz. "Our 2004 Inaugural year was so successful that we have continued to develop curricula and materials for the schools and programs for adult groups, including lectures, films and tours that will help disseminate the information in communities across the State." Organizations that are interested in having a guest speaker for FLORIDA JEWISH HISTORY MONTH should contact Mina lev-Drewes at 305-672-5044 ext. 19. The JEWISH MUSEUM OF FLORIDA is located in a restored historic Art Deco building on South Beach that was formerly an Orthodox synagogue. The focal point of the Museum is MOSAIC: Jewish Life in Florida, its core exhibit, as well as a temporary exhibit that changes three times a year. A Collections & Research CenterJ several films, Timeline Wall of the World, American and Florida Jewish history, and a Museum Store complete the experience for visitors of all ages and backgrounds. The Museum's current temporary exhibit, JEWS OF BROWARD COUNTY runs through January 30, 2005. Historic photos, sweeping murals, documents and artifacts portray the comprehensive story of the many roles Jews have played in developing the home to Florida's largest Jewish population. Representing more than 250 families, this chronological exhibit uncovers and documents the Jewish experience in Broward for nearly 100 years. From politics to agriculture to retail to the arts, JEWS OF BROWARD COUNTYcolorfully demonstrates the tremendous impact that Jews have had on the growth of the area and the anguish of antisemitism experienced as Jews settled there. Accredited by the American Association of MuseumsJ the Museum is located at 301 Washington AvenueJ South Beach and is open daily 10 a.m. to 5 p.m. except Mondays and Jewish holidays. Admission: Adults/$6j Seniors/$5j Families/$12j Members and children under 6/ Always Free; Saturdays/Free. For information: 305-672-5044 or www.jewishmuseum.com. - JMOF- . JEWISH MUSEUM OF FLORIDA 301 Washington Ave., Miami Beach, FL 33139-6965 phone 305-672-5044 fax 305-672-5933 www.jewishmuseum.com contact: Marcia Zerivitz, Founding Exec. Director, ext. 18 or mzerivitz@jewishmuseum.com WHY FLORIDA JEWISH HISTORY MONTH Florida's greatest asset is its people. Diverse cultures have enriched the State since early times. Like other groups, Jews have actively participated in shaping the destiny of Florida. Floridats Jews have brought their visions of freedom and their creativity and have left their footprints across the entire State. Just as Blacks, Women, and Hispanics have a designated month to focus on their contributions to the development of Florida, Florida Jewish History Month is a time to learn how Jews have been involved in enriching the lives and dreams of all Floridians. It is another time to celebrate the strength and richness that our multicultural population brings to our State. SOME CONTRIBUTIONS MADE BY JEWS TO FLORIDA'S DEVELOPMENT 1. Jews have been a significant part of the development of our State since 1763, which is the first year that Jews were allowed to live (as Jews) in Florida. Since Florida was owned by Spain from 1513, it was "for Catholics only." The first Jews settled in Pensacola in 1763 after the Treaty of Paris was signed that turned Florida over from Spain to England. 2. Today, 16% of the American Jewish community lives in Florida. Our State hosts the nation's third largest Jewish community (after NY and CA) at 850,000. South Florida has the second largest concentration of Jews in the world, after Israel, at 15%. 3. A Jewt David Levy Yulee, is known as the "architect" of Florida Statehood. As a territorial delegate in 1841, he went to the U.S. Congress to argue for statehood. In 1845 when Florida became the 27th state, Florida's first Senator to serve in Washington was David Levy Yulee; he was the first Jew to serve in the Congress. He also developed Florida's first cross- state railroad. Levy County and the town ofYulee in Nassau County were named to honor him. 4. David Levy Yulee's father, Moses Levy, had come into Florida in 1819 and purchased 92tOOO acres in north central Florida where he started a Jewish colony in Micanopy; he was a founder of that city. Twenty-three years before statehood, in 1822, Moses Levy established Pilgrimage Plantation that attracted Jews fleeing persecution in Europe and he brought sugar cane and fruit trees. The Plantation was burned down at the onset of the Second Seminole War in 1835. An Orthodox Jew, Moses Levy was among the earliest and largest developers in Florida, published a plan to abolish slavery and was a proponent of free education in Florida as a charter member of the Florida Education Society. PLEASE TURN OVER... 5. More than 100 Jewish families have been identified who have lived in Florida over 100 years. The Dzialynski family came to Jacksonville by 1850; is still there--still Jewish. There were six Jewish congregations in Florida before the turn of the 20th century; today there are more than 300 congregations. 6. Floridian Jews have served on local, county, state and federal levels as politicians and in many public capacities. Richard Stone served as Florida's Secretary of State then U.S. Senator (1974-80); David Sholtz was Governor (1933-37). In 1990, State Senator Gwen Margolis became the nation's first woman State Senate president. More than 250 Jews have served as judges in Florida and more than 150 Jews have served as mayors of their communities in the State. 7. Jews have served in Florida in all the wars. Fort Myers is named for Co!. Abraham Myers, a Jewish West Point graduate who was the quartermaster for the fort in the Indian wars during the mid-1800s. Jacksonville's Admiral Ellis Zacharias, Chief of Naval Intelligence during WWII, helped break the Japanese code in 1941 that resulted in the U.S. victory in the Pacific. 8. The contributions made by Jews to the development of Florida are in every sector. A Jew was a founder of the Florida Cattlemen's Association (Saul Snyder of St. Augustine); Jews have been prominent in the citrus, tomato and tobacco industries. An Orlando Jew and a graduate of the University of Florida in 1948 received the Nobel Prize in Medicine in 1968 for breaking the genetic code (Marshall Warren Nirenberg). Jews have been active in the development and construction industries, in banking and insurance, the arts, education, military and science, agriculture, space industry, the professions and much more. 9. For nearly 250 years, Jews have lived in Florida and maintained traditions of their heritage. Jews represent one immigrant group in our multicultural state. The Jewish Museum of Florida, opened in 1995 in a restored historic Art Deco synagogue on South Beach, collects, preserves and interprets the Jewish experience in Florida. Thousands of students, as well as adults who are both residents and tourists, visit the exhibits and learn how diverse individuals - who are more alike than different - come together to preserve our cultural heritage and strengthen the quality of life for all Floridians. 10. Check our website www.jewishmuseum.com for timelines and further information. . SAMPLE PROCLAMATION WHEREAS, the Governor of the State of Florida, out of companion bills by Senator Gwen Margolis and Representative Gus Barreiro, signed a bill into law in 2003 designating January, annually, as FLORIDA JEWISH HISTORY MONTH; and WHEREAS, FLORIDA JEWISH HISTORY MONTH focuses on the tremendous contributions Floridian Jews have made in every area of the development of the State of Florida; and WHEREAS, Jews in Florida represent the nation's third largest Jewish Community; and WHEREAS, the Jewish Museum of Florida retrieves, preserves and displays all aspects of Jewish life in the State of Florida from 1763 to present, exploring the richness and diversity of Jewish traditions and culture and how Jews influence and are influenced by the historic and cultural dynamics of Florida, the nation and the world; and WHEREAS, the second annual FLORIDA JEWISH HISTORY MONTHwil1 be inaugurated at the Jewish Museum of Florida on Sunday, January 9, 2005; NOW, THEREFORE, I, [NAME OF MAYOR], Mayor of the City of (Your City), Florida, do hereby proclaim and observe January 2005 as the second annual FLORIDA JEWISH HISTORY MONTH, and call upon all residents of Florida and the City of (Your City) in the County of [Your County] to join with me in celebration of this important observance. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the City of (Your City) to be affixed. Date Mayor 0/< UAi WHEREAS, the Orange Bowl Committee is marking its 71 st year as one of South Florida's prermer, self-sustaining, all-volunteer, non-profit organizations; and WHEREAS, the Orange Bowl Committee has consistently supported and produced activities and events that enhance the image, economy, and culture of South Florida; and WHEREAS, the Orange Bowl Committee membership, which is open to active volunteers throughout Florida, hosts a variety of community-oriented events that are open to all South Florida residents; and WHEREAS, the Orange Bowl Committee enriches the community by providing charitable scholarships through its Thurgood Marshall Scholarship Fund and Spirit of the Community Awards Scholarship; and WHEREAS, the Orange Bowl Committee's community outreach extends into the City of Delray Beach through its ongoing support of the Orange Bowl Youth Football League and cheerleading competitions; and WHEREAS, the 2005 FedEx Orange Bowl will host this year's Bowl Championship Series (BCS) National Championship Game. NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim December 6, 2004 as ORANGE BOWL APPRECIATION DAY 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 6th day of December, 2004. JEFF PERLMAN MAYOR 1A --- ----- , ./"'.... DBJtAf IfAOt @ DllElF4AY BE='ACH Parks 6 Rec:re.dt,n ~ ~~ ;qre 1993 2001 To: City Manager-David Harden From: Director of Out of School Progr~Onya Smith Thru: Director of Parks and Recreatio Joe Weldon Subject: After School Program Presentation Date: 11/30/04 I would like to have the opportunity for our After School Program children to present to City Connnission on December 6, 2004 winners from a contest we held on {(How Did I Survive the Hurricane Storms" The selected winners are from three sites, Pine Grove Elementary, Connnunity Center, and Pompey Park. The content of this presentation is for children to express their thoughts and feelings. Grade 4-5 participated in the Essay Contest. We have Departmental certificates I hope the Mayor would be willing to present to the children. I strongly believe that it's important to hear the voices from our children in the connnunity. Their thoughts count and they are the future. I greatly appreciate your attention. Thank you. Rich Comen Assistant Director of Pub & Rect1Illuon Rodger R Ribeiro, ePRP Recrealioo Superintendent '16 (I) oJ ." , ~ b ,; t '5 ~ tJ t!~ ~ ~ " "7 ~ 0 cf) ~ .....-0" ~ 10 '1 ti ~ G) .....:l 6 ..t:: ~ ~ : dl cr: <~ ;D~ < ..~ ;.::~ .. ~ w:,. ;;: c:~ Vl ., , , I: 8'- . ""' .$ = ~ u c I~~ Q e ::)- u ~ ~:~~l .... .. 1:1 ~ (:(!~ ~ ~ .- .a ~ Ul 00 ~ ~....~ 8 .... i ..ti 011' o .:_ cd Go> 0 ~ . (I , " ~(.- } ......... ..-: ( ,:..J ,.r '-- " t ~~ + -.=< J , ; .....,~~J t <T" i-\ r " '- r ^, , IF.'" '-< J r , .J(' ;:.- ~~ ~... "- ,. -. 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Date: Nov. 30, 2004 AGENDA ITEM NUMBER: '\.~ AGENDA REQUEST Request to be placed on: _Consent Agenda .-LRegular Agenda _Workshop Agenda _Special Agenda When: December 6, 2004 Description of Agenda Item (who, what, where, how much): Request approval for contest winners of "Ho~ Did I Survive the Hurricane Storms" to present their essays to City Commission, and for the Mayor to present out Department certificates to the winners. Department Head f'\ '" ) Signature: ~ City Attorney Review ecommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes I No Initials: Account Number Description Account Balance: Funding Alternatives: (if applicable) City Manager Review: Approved for Agenda: 8 No Initial.:-#l-- H~U~il: ' Agenda Coordinator Review: Received: 1~ ----- 01:. CITY COMMISSION DOCUMENTATION '4. TO: DAVID T. HARDEN, CITY MANAGER THRU: JEFF COSTELLO, ASSISTANT DIREC FROM: NGUYEN TRAN, SENIOR PLANNER SUBJECT: MEETING OF DECEMBER 6, 2004 *CONSENT AGENDA* ABANDONMENT OF A 1 a-FOOT WIDE DRAINAGE EASEMENT LYING BETWEEN LOT 167 AND LOT 168, 2ND SECTION OF TROPIC ISLE PLAT AND ACCEPTANCE OF A NEW EASEMENT DEED. 1..~:r:~:...:I. ". ., BACKGROUND . 1 The request involves abandoning a 10-foot wide drainage easement lying between Lot 167 & Lot 168 of Tropic Isle Subdivision, generally located at the southeast corner of Allamanda Drive and Spanish Trail. The 10' wide drainage easement was created with the recordation of the plat of the 2nd Section, Tropic Isle Plat (Plat Book 24, Page 246) in October of 1956. The site previously contained a single family residence constructed across both lots and was recently demolished to accommodate a new single family residence in the same general location. During construction of the new single family residence, an active drainage line (located beneath the previous residence) was damaged. This drainage line and the dedicated easement were not identified on the survey, and it was discovered that the publicly dedicated drainage easement was never abandoned. The abandonment request was submitted by Vitcar Consulting Co., Inc. on behalf of the property owner, Mr. Angelo Morales. The owner intends to abandon this drainage easement and relocate the drainage line along the southerly 10' of Lot 168 in a rededicated easement area. Pursuant to LDR Section 2.4.6 (P) (5) the following finding must be made prior the City Commission granting an abandonment of a public easement: The abandonment will not result in the detriment for the provision of utility services to the adjacent properties or the general area. The City's Environmental Services Department is currently working with the developer to relocate this drainage line into a newly dedicated easement area; therefore, this abandonment will not result in the detriment for the provision of utility services to the adjacent properties or the general area. Since this is an abandonment of a specific easement and not a general easement, Florida Power & Light, Adelphia Cable, Florida Public Utilities Co. (gas) and BellSouth would not have an interest in this request and therefore is not required to comment. I...." ......':. RECO'MMENOEO' ACTION I By motion, approve the abandonment of a 10-foot wide drainage easement lying between Lot 167 and Lot 168, as dedicated on 2nd Section, Tropic Isle Plat, and acceptance of a new drainage easement, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.6(P)(5) (Required Findings for the Abandonment of Public Easements) of the Land Development Regulations. Attachments: . Location Map . Abandonment Resolution . Survey and Legal Descnptlon of Area to be Abandoned . Easement Deed s \PlannIng & ZOOlngIBOARDS\CITY COMMISSIONlMorales ReSIdence-Easement Abandonmenl.doc 8 A --- I \. / I I I I EVE STREET I I ,----..., = ~ =' -----------\ - <( - r-- ~ - I- - L...---..' TROPIC BOULEVARD -----.., .--... - I .- - (f) OELR A Y 0 - - z z - <( 0 I C LINCOLN - 0... Tf< "" ~ - (f) J I 3: - - MERCURY ::r: I ~I-- ~'r' BOLENDER STREET ~ I-- d '--../ I-- I-- I-- ------- -------- / ALLAMANDA DRIVE LOT 167 ....L. ~ ........J('; r\ 0 liE ~ ..BA N D N D ~ >- 0 g NI W EA~ EM EN r ARE~, ~ > -' CD ~ BANYAN DRIVE ~ :r: d C> --0 AVE C - -----1 I I- -----l . C ..... ----- =z: DELRA Y ,--- I J PLAZA 1-- / - - - CYPRESS DRIVE c--- ---- -J - iJ ~ <( 0:::' 0 02 I.t.J 0 -' '--- u... a - / I.t.J - '-- __LL.. I-----. DOGWOOD DRIVE '--- ~ ~ ~ I I I '---- - t==- '--. N ABANDONMENT OF EASEMENT CITY Of OELRA Y BEACH. FL 910 ALLAMANDA DRIVE PLANNING'" ZONING DEPARTIAENT -- OIGlTAL BASE MAP SYSTEM -- IAAP REF LlA794 - RESOLUTION NO. 88-04 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A 1 O-FOOT WIDE DRAINAGE EASEMENT LYING BETWEEN LOTS 167 AND 168, 2ND SECTION TROPIC ISLE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 24 AT PAGE 246 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA AS MORE PARTICULARLY DESCRIBED BY EXHIBIT "A" . WHEREAS, the City of Delray Beach, Florida, received an application for abandonment of a 10-foot wide drainage easement as shown on the plat of the 2nd Section, Tropic Isle, as more particularly described in Exhibit "A", said property being located at the southeast corner of Allamanda Drive and Spanish Trail; and WHEREAS, the application for abandonment of said easement was processed pursuant to Section 2.4.6(P), "Abandonment of Public Easements", of the Land Development Regulations of the City of Delray Beach, Florida; and WHEREAS, pursuant to LOR Section 2.4.6(P)(3)(c), the application was forwarded to the City Commission with the recommendation that the abandonment be approved, based upon positive findings; and WHEREAS, the City Commission of the City of Delray Beach, Florida, pursuant to LOR Section 2.4.6(P)(5), finds that the abandonment will not result in detriment for the provision of utility services to adjacent properties or the general area, that its interest in the described property is no longer needed for the public good and deems it to be in the best interest of the City of Delray Beach to vacate and abandon said easement, as more particularly described in Exhibit "A". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section 1. That the foregoing recitals are hereby incorporated herein by this reference. Section 2. That pursuant to Chapter 177.101 (5) and Chapter 166 of the Florida Statutes, it is hereby determined to vacate and abandon all right and interest it holds to the following real property, more particularly described in Exhibit "A". ---- PASSED AND ADOPTED in regular session on this the _ day of ,2004. MAYOR ATTEST: City Clerk 2 Resolution No. 88-04 r " AlP nnJiv ~ 6125 STIRLING ROAD DAVIE (954)587-2100 DAVIE. FLORIDA 33314 BOCA (407)488-9628 --' fAX (954)587-5418 SURVEYING, INC. lB NO. 5495 EXHIBIT A DRAINAGE EASEMENT TO BE VACA TED THE 10 FOOT DRAINAGE EASEMENT CENTERED ON THE COMMON LOT LINE OF LOTS 167 AND 168 AS SHOWN ON THE "2ND SECTIDiV, TROPIC ISLE', ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 24, PAGE 246, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SAID LANDS CONTAIN 1211.42 SQUARE FEET MORE OR LESS. SKETCH AND LEGAL DESCRIPTION NOTES - ,. ASSUMm 8CNlING lIASC. THE CEHrVlUNE OF N.N.wIOA ORM: BEARS H.....OO.OO"E. NKJ I>tI.. OTHER IlEARlHGS DEPfCTfD HEREON NlE flElAmE lHtRUO. 2 lHE lAHOS SHOWN HERroN WERE HOT ~ BY lHfS OfFICE FOR EASENENTS. RIGHT-OF-WAYS. INVOICE I 24027VAC OWNERSHIP OR OTHER INSTRUIoIEWS OF RECORD. 2 lHE UGAL /lESCRlPTlON NKJ lHE ACCOIoIPNmHG SKErCH DOES NOT CONSlITIITC A lANO SURVE'( ATLANTIC COAST SURVEYING. INC. SHEET 1 OF 2 BY~~ /VI ~ ~ DATE 10/13/04 PJS LEGEND Me PROfESSIONAl lAND SURVEYOR FLORIDA CERTIFlCATlON NO. 2883 P.O.B. POINT OF BEGINNING NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR P.O.C. POINT Of COMMENCEMENT \~ AND MAPPER. ~ - ""-- .. ALAMANDA DRIVE \--1--~---------~---1 1: 50' RIGHT-O"--WAY \ 'C, 21.5' ASPHALT PAVEMENT \ ~ <l'. . I I \....l'b 0 I ~.~-~- ~ ~ ~ ~ I \ PT N.9UOO'OOu(. 68.12' . 1 ~ r - - - ...- ------- - - - - - - -----'l...- - I ~~ / '\ '~/ \ i r; \ I i \ 1 \~ I I ~ \ .j \ '5. _ ~ \~. LOT 166 I .8 e 161 ~ \ . I Of \ . cd~ ~ \ ~ ~N ~ I q\ \~ \ Z '"' ~. '- f;:j \ g ~~ \ N '-~ '" .... '-"':So It! ~\>-~ \ ;Q.~~ \ t".. <~ -Q:: Q " ~~ (lW,-",0 , !..< QQ.Qj", \ ;t lOa.. . 0 '" \ ' ~ C> -t:.-' 'i: ~ - - \ ~ Q~ \ 2 \ ~ Q: a.. ~ I b ~ H.gqoo'OO"" ~ \ ~~ \ - - I \ r I I ~\ I \ ~b\ ~ -- I. 'Co 168 o. I ~ - \ LOT PS SANTIAGO C4NAL b \ - N ,S ci 80' RW 0 o ...... IlO . S-- \ Z\ ~CIi \ I _-- I I \ _- ~ \ - .~ - - OSEl<IEf'l' - ~ I _________ - ORAl*GE - ~ ~ I _ posED -,,5. "'- \ - I'RO _ 5'20....". - SIO'OO'OO"W I" _ -5.7502 - \ ~- IS1S75Zgq"Vl. \ LOT 169 r---s:. Z5.5 r-25.0'~ CURVE TABLE SHEET 2 OF 2 SKETCH TO ACCOMPANY LEGAL DESCRIPTION Prepared by: RETURN: R. Brian Shutt, Esq. City AttomcYs Office 2OON.W.lstAvcmue Dekay Beach. Florida 33444 EASEMENT DEED THIS INDENfURE" made this -'!)r:r- day of ~v. 200t by and between -Anjej() ~rt7I Ie S 9 with a mailing address of 9/0 ,J~rra~; Jr- l);..frlJt141f:C1..P/...Party of the first part, and the CITY OF DELRAY BEACH, with a mailing address of 100 N.W. 1st Avenue, Delray Beac~ Florida 33444, a municipal corporation in Palm Beach County, State of Florida, party of the second part: WITNESSETH: That the party of the first p~ for and in C01l8ideration of the mutual promises herein contained and other good and valuable considerations. does hereby grant, bargain. sell and release unto the party of the second part, its successors and assigns, a right of way and perpetual easement fOI the purpose of the construction and maintenance of public utilities with full and free right, liberty, and authority to enter upon and to install. operate, and maintain such utilities well under. across" through and upon., over, under or within the following described property located in Palm Beach County. Florida, to-wit: DESCRlP1ION See Exhibit" An Concomitant and coextensive with this right is the further right in the party of the second party, its successors and assigns" of ingress and egress over and on that portion of land described above, to effect the purposes of the easement, as expressed hereinafter. That this easement shall be subject only to those easements, restrictions, and reservations of record. That the party of the first part agrees to provide for the release or subordination of any and all mortgages or liens en<:wnbering tbis easement The -party of 1he first part also agrees to erect DO building or effect any other kind of construction or improvements upon the above- described property. . h is understood that upon completion of such construction, a1l1ands disturbe4 thereby as a result of such construction performed ~ will be restored to its original or like condition without expense to the property owner. 1 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 easement and that the same is tDlencmnbered except as provided above. Where the context of this Easement Deed allows or permits, the same shall include the successors or assigns of the parties. IN WITNESS WHEREOF. the parties to this Easement Deed set their hands and seals the day and year first above written. (name printed or typed) ~~O ~~L. A-c-o"'S..~ (name printed or typed) STATE OF F~y/clO- COUNTY OF 0-/ ~ r3e~ c,f.- t#- The furegoing ~ was admowIcdged -.. me this -S- day of /!Id 1I . 200_ by . ~/() nt (/ ~ I~ s (name of officer or agent), of ,IV I If- (name of corporation~ I ~ (State or place of incorporation) corporatio~ on behalf of the COIpOr8.tion. H e is OfSeaalIy mGVffl Ie me or has produced /'i# /1l b<(d.-OO//;& '-lOt) (type of identification) as identification and did/did not tab anoatb. c:f~ ~ ~~ . ~ ~ c- State of ;..-~ "./ ' (J-- (SEAL) ,\llIItt Gl' ~m ona~ancyMorra :,;, 1;~=~on#DD247154 ~~ ~~ Expires Sep. 14 200'/ ',.l'orf\~.:' Bonded 1'lIr1l ~'It'hll\\ Atlantic BOnding Ctit.1!rl:. 2 '/ '\ Alin, f/r, ~ 6125 STIRLING ROAD DAVIE (954)587-2100 DAVIE. FLORIDA 33314 BOCA (407)488-9628 ... FAX (954)587-5418 SURVEYING, INC. lB NO. 5495 Exhibit "A" PROPOSED 10' DRAINAGE EASEMENT THE SOUTHERLY 10 FEET LOT 168 AS SHOWN ON THE "21VD SECTION, TROPIC ISLE', ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 24, PAGE 246, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SAID LANDS CONTAIN 1155.91 SQUARE FEET MORE OR LESS. SKETCH AND LEGAL DESCRIPTION NOTES - ,. ASSIJfoIEO llEMlNG BASE: nlE CEHmlUHE OF N.NINIOA DRM: BfNlS INVOICE II 24027PDE 1/.10'00'00-[:, ~.-u OTHER IIEAAIHGS DEPICTED HERE:ON ME RfiATM: THERETO 2. THE IN<OS SHOWN HeREON WERE NOT AllSlMCTED BY THIS OfFICE FOR ~. R1CHT-OF-WAYS. OWNERSMIP OR OTHER INSTRUMEN15 OF RECORO. 2. THE LEGAl. DESCRfPTIOH NIO lHE ACCO!/P_ SKDCH DOES HOT COHSTIME A I.AHll SURvEY ATLANTIC COAST SURVEYING. INC. SHEET 1 OF 2 ~.c;f;.-LM ~f[ 10/13/04 PJS LEGEND CLYDE M EAt.. PROFESSIONAl lAND SURVEYOR FLORIDA CERTIFICATION NO. 2883 P.D.B. POII'ff OF BEGINNING NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR P.D.C. POINT OF COMMENCEMENT ~ AND MAPPER. ~ , .. ALAMANDA DRIVE \--1-~----------~---1 so' RICHT-Of-WAY \ <fl 21.5' ASPHALT PAVEMENT \ ~ I I -,v' '0 \ \7>;~ ~ ~ , \ '" N.9CTOO.OOuE. 68. 12. ~ 1 t r - -Ijc~ ':/~ -- - - -- - ~ \- \ ~ \ I i \ \ \~ I \ ~ \ . \ '6. "fl \~. LOT !66 I 8~1 \~ \ .co \ ~ I ~~I lOT 167 ~(S'I \ Z \ 0\. ~ \ ~ \ -..;;: I I- f:J i3' ~ \ i~ I &~8 \ I ~ ~ ~ \ ... -< -::--...... 11::~ ;:t: I 0 0.. ~ ~ ___ !~Qj \11- ___ ~ !i:;;/, ~--- ___ --- 3? €. \ ~ ~x \ ___ ___ --- It: 0.. ___ N. 75. ___ ~ I . ~ '~S5'so"ii r;; --- --- \ H.lIO'OO'OO"~ \0 ----.:::. ___ ___ ~__ l(')<-. ~" ___ So ___ ~ N \ --P..54' ----..: uTI-( l.INE ___ ~ .,~. --- NORTH OF" ___ .~ I --- __...YNEoF"-!!!..r 167 ---:-- -~c:Jldl G.J I --- LOr 16:- ~ Gd '!P \ --- ...!.-... ~ S. . I ~I I \ ~b\ ~ -- ,- .~ 0- I ~ -I lOT 168 P8 . \ NO.:wm4CO CANAl. q - I 00 80' RW 0 o . 10 <<l Z\ ~ I ~ \ l I \ \ ~ I ~ I "---- - - \ S 10'00'00 I ~ ;5'20"'/1. LOT !69 s.75 ;5.59' \-25.0'~ CURVE TABLE SHEET 2 OF 2 SKETCH TO ACCOMPANY LEGAL DESCRIPTION ~ MEMORANDUM TO: MAYOR AND CI1Y COMMISSIONERS FROM: CI1Y MANAGER t1Jv( SUBJECT: AGENDA ITEM # gA..1- -REGULAR MEETING DECEMBER 6. 2004 AGREEMENT / ANGELO MORALES DATE: DECEMBER 3, 2004 This is before City Commission to approve a cost sharing agreement between the City and Angelo Morales for the relocation of an existing drainage system on Spanish Trail. The existing system is located in the middle of two (2) lots that have been joined into one lot. The new drainage system will be located along the south property line of the combined lots. The City typically replaces existing outfalls to the Intracoastal due to pipe disintegration. The cost of this replacement is proposed to be shared due to the need to relocate the existing outfall. The cost will be shared as follows: Mr. Morales $ 8,735.00 City S 5.500.00 Total Cost $14,235.00 Funding is available from 448-5461-538-63.90 (Storm Water Utility Fund/Improvements/Other). Recommend approval of the cost sharing agreement between the City and Angelo Morales for the relocation of an existing drainage system on Spanish Trail. S:\Clty Clerk\agenda memos\Agreement.Morales D1'a1nage.1206.04 --- City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M www.MyDelrayBeach.com To: David Harden Randal L. Krejcarek, P.E. R ~ From: Subject: Agreement to Replace Drainage on Spanish Trial at 910 Allamanda Drive Project 2005-007 Date: 29 Nov 2004 The attached agenda item is a request for Commission authorization/approval for Mayor to execute Agreement with Angelo Morales for the relocation of an existing drainage system. The existing system is located in the middle of two lots that have been joined into one lot. The new drainage system will be located along the south property line of the combined lots. This agreement is a cost sharing agreement. The City has typically replaced existing outfalls to the Intracoastal because the current pipe has disintegrated due to the salt water. The cost of this replacement is proposed to be shared because of the need to relocate the existing outfall to the southern lot line. The costs will be shared as follows: Mr. Morales $8,735.00 City $5,500.00 Total Cost $14,235.00 City funding will come from Storm Water Fund Reserves. A map is attached indicating the location of this project. Please place this on 06 Dec 2004 City Commission Agenda. Thanks! Enc Cc Richard C. Hasko, P.E. Bill Grieve, P.E. Rafael Ballestero file s \EngAdmm\Projects\2005\2005-007\OFFICIAL\2004-12-06 agenda memo doc II I C:: LINTON B 0 U LEV A R D MC CLEARY ST >- <( - >- ~ -- --- <( 3: 0::: DEL ---- ~DD~ EVE STREET -~------ W -- I- -- <( ~--- -.-l - a:: ---- ~- <( I- <( 0::: -- W TROPIC BOULEVARD ~ 0 WD I LL - U1 Z <( D... -- -- - U1 BOLENDER STREET ~-~-- --- ----- BERM ALLAMANDA DRIVE - - - -' ~ - -- ~----~~ :;;: _al ~ 4- BANYAN DRIVE r- (Jj AVE C tfl :J - -- -- - ......... ----- - - -- 4- --- -- -- - - - -- - --- 0 - - - -- CYPRESS DRIVE - - - 0 - - --- ::c - - --- -- - <( U1 -"- ---- - - - - - - 0-- - - - z 4- - -- - c::: <( - - -- - 0 a.. - - -- - - - _- - - c;: (fl ct- . - -- - - - r- - . - - DOGWOOD DRIVE ~-- - - - - -z. - - - - - - --- -y-_.~_ -~ -_ I - -- - - - - - - -- - - - - - - - - ~ - ~ -- - ~ - - ,- -- ----- - -- -- - - -~ - - - - -------- -- - - - --- a:: - - - -- Cl H - - - - - - EVERGREEN DRIVE _u__~" -- - - - --- -- - , rn ~ CITY of DELRA Y BEACH SPANISH TRAIL DRAINAGE DATE 11/04 I ENVIRONMENTAL SERVICES DEPARTMENT Location Map 05-007 '&~ 434 SOUTH SWINTON AVENJE, DB..RAY BeACH, R..ClfK)A 33444 Pro ject # 2005- 007 1 of 1 : ~~ ~ ",,,,- ,"::, '~ /"'-'-- :., . ,~' -'(' THIS AGREEMENT entered ::::MEN:y o~ \,4,/> '~". 200~ by and between the CITY OF DELRA Y BEACH, a Florida municipal corporation, (hereinafter referred to as CITY) and ANGELO MORALES, (hereinafter referred to as DEVELOPER), provides as follows: WHEREAS, DEVELOPER has plans to develop property located at 910 Allamanda Drive in the Tropic Isle Subdivision; and WHEREAS, DEVELOPER is combining two properties in order to construct one house and the existing outfall is located between the two properties; and WHEREAS, the CITY typically replaces the outfalls between properties when one property is being reconstructed so as to have extra room in order to install the outfall; and WHEREAS, DEVELOPER is paying for the relocation of the outfall to the edge of his property; and WHEREAS, the CITY shall install the drainage infrastructure in the easement area located along the east side of Spanish Trail and the south property line of the property. NOW, THEREFORE, in consideration of the mutual covenants and undertakings set forth herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the DEVELOPER and CITY hereby agree as follows: 1. INCORPORATION OF RECITALS. The above-stated recitals are incorporated as if fully set forth herein. 2. COST PAID BY DEVELOPER. The DEVELOPER shall pay to the CITY, within 30 days of the execution of this Agreement, the sum of $8,735.00 to be used by the CITY for the construction/installation of drainage infrastructure. If the funds are not paid to the CITY within the above stated time frame, this Agreement shall be null and void. The DEVELOPER - shall also design the new drainage system, in accordance with the CITY'S standards and specifications. 3. TIME FOR CONSTRUCTION. The CITY shall construct the infrastructure within 180 days of the submittal and approval of the drainage plans drawn by the DEVELOPER. 4. EASEMENT. The DEVELOPER shall provide an easement to the CITY in order to place a portion ofthe new drainage system. 5. GOVERNING LAWS: VENUE. Any claims, lawsuits or disputes that may arise under this Agreement shall be governed by the Laws of Florida, with venue in Palm Beach County, Florida. 6. INTEGRATION: AMENDMENTS. This Agreement constitutes the entire agreement and understanding of the parties. There are no representations or understandings of any kind not set forth herein. Any amendments to this Agreement must be in writing and executed by both parties. day and year first above written. ATTEST: By: City Clerk Approved as to Form: City Attorney 2 WITNESSES: By: Angelo Morales (Name Printed or Typed) ~-'\) (Name Printed or Typed) ~.. .' STATE OF <;)~ COUNTY OF The foregoing instrument was acknowledged before me this _ day of ,200_, by (name of person acknowledging). Signature of Notary Public - State of Florida Print, Type, or Stamp Commissioned Name of Notary Public Personally Known OR Produced Identification Type of Identification Produced: 3 Date: 30 N ov 2004 AGENDA ITEM NUMBER: ~A:t G - ~.~~ . . AGENDA REQUEST Request to be placed on: --X- Consent Agenda _Regular Agenda _Workshop Agenda _Special Agenda When: 06 Dec 2004 Description of Agenda Item (who, what, where, how much): Request for Commission approval/authorization for Mayor to execute Agreement with Angelo Morales for the relocation of existing drainage system. This agreement is a cost sharing agreement with Mr. Morales contributing $8,735.00 and the City contributing $5,500.00 for a total cost of $14,235.00. This approval/authorization is subject to review and approval by the City Attorney. Staff Recommendation: ATJDr1:J. -a IZ-, I. 0f Department Head Signature: - ( 2 <fA. City Attorney Review/Recommendation (if applicable): Budget Dirl: Revi~~red on all items involving expenditure of funds): Fund' g A~ilable: Yes I No Initials: Yes . ~~i' P.u Wl . .-- t-- I~ ' ru Account Number 448- 461-538-99.01 <t41'- '51,/t.1-5~-~ 3. fO Description Proiect Reserve .J/-OK-w. W/fC . u I. ..p. fI. :r ;e~ :/I ~ 5 00 ,.- Account Balance: $75.090.00 Funding Alternatives: (if applicable) City Manager Review: Approved for Agenda: & No Initials: tM Hold Until: Agenda Coordinator Review: Received: s: \EngAdmm \Projects \2005\2005-007\OFFICIAL \2004-12-06 aganda.doc - --~ oj( l1I1 [IT' DF DElRAY BEA[H CITY ATTORNEY'S OFFICE 300 W A TL\I\TIC A \T\TE . DELRA Y BEACH, FLORIDA 33444 !!!!if! POLICE LEGAL ADVISOR lELEI'HO'\E '501 2cfY'H23. FAC~I;o.lILE '501/243-7815 , III , ' POLICE LEGAL ADVISOR MEMORANDUM @ 1993 To: Mr. David Harden, City Manager From: Catherine M. KOZO~ Police Legal Advis Date: November 22,2004 Re: The Hamlet Traffic Enforcement Agreement - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Attached for your review and insertion on the Consent Agenda are three originals of the traffic enforcement agreement with Hamlet Homeowner's Association. The Agreement will allow the Police Department to enforce state and local traffic laws on the private roads of The Hamlet. The contract shall also mandate that the Homeowner Associations comply with speed limits set by Florida Statute and follow Department of Transportation standards for traffic control devices. The Police Department feels that allowing enforcement of state and local traffic laws will enhance our presence in the area and have a more direct impact on crime in that area. The Association will pay $1.00 per month to cover the costs of enforcement and has added the City as an additional insured on the liability insurance policy. A copy of the Certificate of Insurance is enclosed. If this Agreement meets with your approval, would you kindly place this on the Consent Agenda at the next scheduled Commission meeting. When all of the agreements have been signed, I would appreciate it if you would return one original to me for forwarding to the Homeowner's Association. Thank you for your courtesy and attention. Ath/encs. cc: Susan Ruby, City Attorney Chevelle Nubin, City Clerk Chief Joseph L. Schroeder ~5 , HAMLET RESIDENT HOMEOWNERS ASSOCIATION TRAFFIC ENFORCEMENT AGREEMENT WHEREAS, the CITY OF DELRA Y BEACH, FLORIDA, (hereinafter referred to as "CITY") through its Police Department, wishes to make its Community Policing efforts in THE HAMLET as effective as possible; and WHEREAS, the HAMLET RESIDENT HOMEOWNER ASSOCIATION (hereinafter referred to as "ASSOCIATION") is desirous of the enforcement of state and municipal traffic laws on its property; and WHEREAS, both the CITY and the ASSOCIATION feels that such enforcement will make the Community Policing effort a more positive influence on the community; and WHEREAS, F.S. 316.006(2),(b),(1),(2) allows for such enforcement on private roads pursuant to a written agreement approved by the CITY Commission which provides for reimbursement for actual costs of traffic control and enforcement liability insurance and indemnification and other terms as are mutually agreeable by the parties. Now, therefore, for the mutual consideration, covenants, and matters set forth herein, as of the date set forth below, the parties hereto do hereby agree as follows: 1. The CITY does hereby agree to enforce all state and municipal traffic laws on all private roads owned by the ASSOCIATION. 2. The enforcement of the traffic laws will occur 24 hours, 7 days a week. 3. The ASSOCIATION shall hereby pay to the CITY $1.00 per month to cover the actual costs of the traffic control and enforcement incurred by the CITY. 4. The speed limit shall be that set by Florida Statute 316.183{2} and 316.189(1) of 30 mph. 5. Signs posting the speed limit must comply with Manual Uniform Traffic Control Devices used by the Department of Transportation and F .S. 316.189(3). 6. Stop signs must conform to the manual and specifications of the Department of Transportation as stated in Florida Statute 316.006(2)(b)(3). 7. The ASSOCIATION shall defend, indemnify and hold harmless the CITY, its agents, officers, officials and employees from any and all claims, suits, causes of actions or any claims whatsoever made arising from any and all acts of 1 . traffic control and traffic enforcement that occur on the ASSOCIATION'S property following the date of this agreement. Nothing herein shall be deemed a waiver of the privileges and immunities granted to the CITY under F.S. 768.28. This indemnification shall survive the cancellation of this agreement. 8. The ASSOCIATION shall provide liability insurance to cover the indemnification in the amount of $100,000 and name the CITY as an additional insured. 9. This agreement shall take effect upon execution and approval by the Delray Beach City Commission and the HAMLET RESIDENT HOMEOWNER ASSOCIATION and shall continue in full force and effect until rescinded by either party. This Agreement shall automatically renew upon payment of the yearly fee. 10. Either party may cancel their participation in this agreement upon delivery of 30 days written notice to the other party. Cancellation will be at the direction of the subscribing party. 11. I n any action brought to enforce any provision of this agreement, the prevailing party shall be entitled to the relief sought plus all costs incurred and reasonable attorneys' fees. 12. The ASSOCIATION, by signing below, affirms that they have read and understand this agreement and that they have been given the opportunity to have the attorney of their choice review this agreement. ~ber This agreement made and entered into on this :Lb' day 0~004. City of Delray Beach, Florida By: Jeff Perlman, Mayor By: ATTEST: City Clerk 2 . I DATE IMMIDD/YYYY~ ACORD CERTIFICATE OF LIABILITY INSURANCE TM 10/25/2004 ?RUDUCER (561) 27 8 -0448 FAX (561)278-2391 TH!S CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Weekes & Callaway, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 1460 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Oelray Beach, FL 33447-1460 Dana Hood INSURERS AFFORDING COVERAGE NAIC# INSURED The Hamlet Cou nt ry C1 ub, Inc. and Ttle INSURER A: Zuri ch US Hamlet Resident's Association, Inc. INSURERB: Ohio Casualty Group 3600 Hamlet Dr. INS.URER C De1ray Beach, FL 33445 IN3URER D: IN:SURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDlN 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 HERE!:N IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CtJ\~MS. IN;~ ~9:~1 TYPE OF INSURANCE POLICY HUMBER ::fiv El'FECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY CP027S0039 0!/30/2004 09/30/2005 EACH OCCURRENCE S 1,OOO,OO~ X COMMERCIAL GENERAl lIABilITY DAMAGE TO RENTED S 1,OOO,OO~ I CLAIMS MADE m OCCUR MED EXP (Anyone person) $ 5,OO~ A PERSONAL & ADV INJURY $ l,OOO,OOC I-- GENERAL AGGREGATE S 2,OOO,OO~ f-- GEN'L AGGREGATE LIMIT APPLIES PER' PRODUCTS - COMPIOP AGG $ 2,OOO,OO~ II nPRO. n POLICY JECT LOC AUTOMOBILE LIABILITY CP02780039 09/30/2004 09/30/2005 COMBINED SINGLE LIMIT X ANY AUTO (Ea aCCIdent) $ 1,000,000 I-- ALL OWNED AUTOS BODILY INJURY 7 $ SCHEDULED AUTOS (Per person) A 'x HIRED AUTOS BODILY INJURY X S NON-OWNED AUTOS (Per accIdent) - $1000 Compo Oed. X PROPERTY DAMAGE X $1000 Co11. Oed. (Per aCCIdent) $ GARAGE LIABILITY AUTO ONLY - EI. ACCIDENT S ==l ANY AUTO OTHER THAN EA ACC $ AUTO ONLY AGG $ EXCESSlUM'IlRELLA LIAElH.ITY B.XO 52782343 09/30/2004 09/30/2005 EACH OCCURRENCE S 5JOOO,OO~ !J OCCUR o CLAIMS MADE AGGREGATE S 5,OOOJOO~ B $ ~ DEDUCTIBLE $ X RETENTION $ 0 $ WORKERS COMPENSATtON ANO I T~%~T~J~-<: I IO,J~- EMPLOYERS' liABILITY "-NY PROPRIETOR/PARTNER/EXECUTIVE E l. EACH ACCIDENT S OFFICER/MEMBER EXCLUDED~ E l. DISEASE - EA EMPLOYEE $ If yes, describe under E l. DISEASE - POLICY LIMIT $ SPECIAL PROVISIONS below OTHER CP02780{}39-00 (I~/30/2004 09/30/2005 $50,000 EDP Hardware A omputer Equipment $75,000 ALL RISK FORM $50,000 EDP Software eased Equipment $650,000 Special form DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADOeD BY ENDORSEMENT I SPECIAL PROVISIONS he certificate holder is named as additional insured ATIMA LA nON SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Oelray Beach EXPIRATION DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL City's Attorney's Office ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE lEFT, Catherine M Kozol, Police legal Advisor BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 300 West Atlantic Avenue OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. Delray Beach, FL 33 444 AU7HORIZEO REPRESENTATIVE ~Jh.~- Dana Hood/DANAH ACORD 25 (2001/08) @ACORD CORPORATION 1988 , of< [ITY DF DElARY BER[H ~ CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE. DELRAY BEACH. FLORIDA 33444 TELEPHONE 561/243-7090. FACSIMILE 561/278-4755 DELRA Y BEACH Wnter's Direct line: 561/243-7091 F l 0 . I D A. ...... AJ.AmerIca City ~1Ir, MEMORANDUM DATE: November 30,2004 TO: City Commission David Harden, City Manager k~ FROM: Brian Shutt, Assistant City Attorney SUBJECT: Amendment No.3 to the Water Tower Site Lease AQt with AT&T The City entered into a Lease Agreement with AT&T in 1993 to allow AT&T to place antennae on the water tower located in the ESD compound. The attached Amendment NO.3 to the Site Lease Agreement between the City and AT&T provides that the term of Lease Agreement shall extend until May 31, 2008, with the ability to renew for 3 five year terms upon the approval of the City. The Agreement is amended to allow AT&T to place 6 mast head amplifiers on the water tower for an extra $150.00 per month. This Amendment also provides that A T& T will remove or relocate its equipment to allow the City to perform maintenance on the water tower upon notice from the City. Upon the execution of this Amendment AT&T will pay the City a lump sum maintenance fee of $10,000.00. Our office requests that this item be placed on the December 6, 2004 City Commission agenda. Please call if you have any questions. Attachment cc: Chevelle Nubin, Acting City Clerk Amanda Solomon, Telecommunications Mgr. <6c- Cell Site No. WPOO9 Market: 5511 West Palm Beach - Boca Raton, FL Address: 434 South Swinton Avenue, Delray Beach, FL 33444 AMENDMENT NO.3 TO SITE LEASE AGREEMENT THIS AMENDMENT No.3 TO SITE LEASE AGREEMENT ("Amendment") is entered into this _ day of , 200_, by and between the CITY OF DELRAY BEACH ("Lessor") and New Cingular Wireless Services of Florida, LLC, a Florida limited liability company, successor in interest to AT&T Wireless Services of Florida, Inc.. a Florida Corporation, d/b/a AT&T Wireless ("Lessee"). NOW, THEREFORE, for good and valuable consideration as set forth in this Amendment, the receipt of which is hereby acknowledged, the parties hereby agree to amend the Lease Agreement dated June 25, 1993, Amendment thereto dated August 11, 1998, and Amendment No.2 thereto dated October 31,2001 as follows: 1. Paragraph 2, "Use", amended by Amendment No.2 is hereby amended to read as follows: 2. Use. The Premises may be used by Lessee for the transmission and reception of radio communication signal in any and all frequencies for the construction and maintenance of up to twelve (12) cellular antennas, a microwave dish up to ten (10) feet and six (6) mast head amplifiers with related cables. conduits and accessories upon the water tower owned by Lessor and an equipment building located on the real property described in Exhibit "A" attached to the original. Lessor agrees to cooperate with Lessee in obtaining, at Lessee's expense, all licenses and permits required for Lessee's use of the prennses. 2. Paragraph 3, "Term" amended by Amendment No.1 and No.2 is amended to read as follows: 3. Term. Except as set forth in Paragraph 7 of the original lease agreement, the term of this lease shall be five (5) years, with the effective date commencing June 1. 2003. and terminating on Mav 31. 2008. Lessee shall have the right to extend this lease for three (3) additional five-year terms subject to the approval of the City Commission. Each renewal term shall be on the same terms and conditions as set forth in the original agreement and any amendments thereto. 3. Paragraph 4, "Rent", amended by Amendment No.1 and No.2 is amended to read as follows: 4. Rent. a. Lessee shall pay Lessor, as rent, the sum of Two Thousand Five Hundred Eighty Seven Dollars and fifty cents ($2,587.50) per month. The rent shall be increased annually by 3 percent (3%) over the previous year's rent on a compounded basis during the term of this agreement or any renewal thereof. Such increase shall occur on June I st of each year. Rent shall be paid on the first day of each month at Lessor's address specified in Paragraph 13, below. In the event that Lessee installs the 6 mast head amplifiers and related cables, conduits and accessories on the water tank, the rent shall increase by the amount of One Hundred and Fifty ($150.00) Dollars per month. b. Lessee shall supply the portable telephone needs of the City which shall not exceed twenty portable digital cellular telephones at no charge to the Lessor. Monthly rate charges will be at government rates as shown in Exhibit C. These rates shall not be changed during the term of this Agreement. Monthly rates (governmental) shall also apply to telephones purchased or leased by the City in excess of the twenty phones supplied to Lessee. There shall be no charge for detailed billing or activation fee. Lessee shall repair and or replace the not to exceed twenty portable telephones, at no cost to the City. c. Upon execution of this Amendment, Lessee shall pay to Lessor the amount of Ten Thousand Dollars and 00/100 Cents ($10,000.00) in order to help offset the maintenance costs of the water tank. At the time of renewal of the agreement for the 2008-2013 term, the Lessee agrees to pay Ten Thousand Dollars and 00/100 Cents ($10,000.00) to Lessor as a maintenance fee. Thereafter, this maintenance fee shall be negotiated at the time of renewal. 4. Paragraph 13, "Notices", is hereby amended to read as follows: 13. Notices. All notices, requests, demands, and communications hereunder will be given by first class certified or registered mail, return receipt requested, or by a nationally recognized overnight courier, postage prepaid, to be effective when properly sent and received, refused or returned undelivered. Notices will be addressed to the parties as follows. As to Lessee, Cingular Wireless Lease Administration, c/o Wireless Asset Management, Re: Cell Site #WP009, Cell Site Name: Delray Beach, P.O. Box 2088, Rancho Cordova, CA 95741-2088; with a copy to Cingular Wireless, Attn: Legal Department, Re: Cell Site #WP009, Cell Site Name: Delray Beach 150 Mt. Airy Road, Basking Ridge, NJ 07920; and as to Lessor, City of Delray Beach, 100 NW. 1st Avenue, Delray Beach, FL 33444. Either party hereto may change the place for giving of notice to it by thirty (30) days prior written notice to the other as provided herein. 5. Paragraph 18, "Maintenance by Lessor", is hereby added to read as follows: 18. Maintenance by Lessor. In the event that Lessor determines, in its sole discretion, that maintenance must be performed on the leased premises, Lessee agrees to the temporary relocation of its equipment to such a degree as to allow for the performance of the maintenance. Lessor shall provide at least 90 days written notice to Lessee regarding the relocation of its equipment. Lessor shall not be held responsible or liable in any way for any damage to the equipment or any other damages, injury or liability that Lessee may incur as the result of its faIlure to relocate the equipment. 6. All provisions of the Lease Agreement dated June 25, 1993, Amendment No.1 dated August 11, 1998, and Amendment No.2 dated October 31, 2001 not in conflict with this Amendment shall remain in full force and effect. 2 IN WITNESS WHEREOF, the parties to this Amendment have caused this Amendment to be duly executed on the date written above. LESSOR: ATTEST: CITY OF DELRA Y BEACH, FLORIDA By: By: City Clerk Jeff Perlman, Mayor Approved as to Form: By: City Attorney LESSEE: New Cingular Wireless Services of Florida, LLC, a Florida limited liability company, successor in interest to AT&T Wireless Services of Florida, Inc., a Florida Corporation, d/b/a AT&T Wireless 1 11-li-tJ ( 3 J LESSOR ACKNOWLEDGEMENT STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of - , 2004, by (name of officer or agent, title of officer or agent) of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. HelShe is personally known to me or has produced as identification. Signature of Notary Public - State of LESSEE A~~EDGEMENT STATE OF . 1 COUNTY OF ~ tl The foregoing ~ent was acknowledged before me this ll\~ day of OJ~ '" , 2004, by e f'\rR ~ ~ ~ \ .\("\~- 'R-4 ~ uy S. (name of officer or agent, title of officer or agent) of' ~ iN '\.A.. tv"" \.~'le ttls.s (name of corporation acknowledging), a1=lor'\&" ~ (" (s~e or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced k:..".,(.(' IoA-<< ....., as identification. ~ ~- e T_lEE- Signature of Notary Public - State : .. MY~ElCPIRES o~~ "_ ., ~ 22, 2lIlll 4 -- -------- - MEMORANDUM TO: MAYOR AND CIlY COMMISSIONERS FROM: CIlY MANAGER t'I'1 SUBJECT: AGENDA ITEM # cg't) - REGULAR MEETING DECEMBER 6. 2004 SERVICE AUTHORIZATION #20/MATHEWS CONSULTING, INC. DATE: DECEMBER 3, 2004 1bis is before City Commission to approve Service Authorization #20 to Mathews Consulting, Inc. in the amount of $49,715.00 for the design of the Swinton Avenue Beautification Phase II Project. Funding is available from 119-4151-572-60.69 (Beautification Trust Fund/Improvements/Other). Recommend approval of Service Authorization #20 with Mathews Consulting, Inc. for the design of the Swinton Avenue Beautification Phase II Project. s, \Clty Clerk \agenda memos \SemceAuth.#20 Mathews ConsultlOg.Swmton Ave. Beauttficatton.12 06.04 City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: David T. Harden Randal L. Krejcarek, P.E. RJ FROM: DATE: 30 Nov 2004 SUBJECT: Swinton Avenue Beautification Phase II Commission Agenda Item Project # 2001-054 The attached agenda item is for Commission authorization/approval for Mayor to execute Service Authorization #20 with Mathews Consulting, Inc. for design of Beautification Improvements alon~ Swinton Avenue from SW/SE 2nd Street to Lake Ida Road/NE 4th Street Avenue, and NW 1 s Street from NW 1 st Avenue to N Swinton Avenue. Improvements include paver cross walks, paver sidewalks and decorative street lights. The cost of this Service Authorization is $49,715.00. Funding is available in account # 119-4151- 572.60-69 The attached map shows the project location. Please place this item on the 06 Dec 2004 Commission Agenda. Thanks! enc cc' Richard Hasko, P E., Director of Environmental Services Joseph Safford, Finance Director file S"\EngAdmin\Projects\2001 \2001-054\OFF/C/AL \2004-11-30 agenda memo doc - --------- ----- I l J l j LJ1LJ L~. L A K E I D A R 0 A D N.E 4-TH ST / / / ~ 0 / z ~DO~ / >- ~ I ~ ~ / <( Vl <( <( / :::l ~ ~ / <( <( ~ NE 3RD ST I '1 NE 3RD V ~ 1/ == 1/ I W > ~ -' <{ 0::: <( w Cl Cl Cl ~ I- Z '" W ~ '" '" u.. i!: Cl I- / '" en ..,. '" - / DR MARTIN LUlHER KING JR DRIVE P' I NE 2ND ST ;= z / >- / <( :;= 0 / ~ 0 I- 0 ~ Z '" <( => zl/ '" 0 w CD -1/ --' I a.. I- a.. 3;1.1 <( => W 0 Z U1 ~ UlI.I 0: ,/ / :;II NE 1ST ST NW 1ST ST. / / :c I- ..,. :;= :;= / w w ;i Z z / z z / / ~ l/ ~ID2 ~ ATLANTIC r 1 DOC ~ w <( > <( w > <( S.E 1ST ST 1ST w > <( ~ I I- <( l() <( i!: ..,. Cl Z I- W '" en vi 0 I 1- '" '" SW. 2ND ST 2ND ST lli 11111111 I III 1m r--l nn nn ni rn ~ CITY of DELRA Y BEACH SWI NTON AVE. BEAUTI FI CA TI ON DATE 11/04- I ENVIRONMENTAL SERVICES DEPARTMENT Location Map 01-054- ,&<1> 434 8OU11i SWNTON AVEH.lE, DELRAY BEACH, R.OADA 33444 Project # 2001-054 1 of 1 . CITY OF DELRAY BEACH CONSULTING SERVICE AUTHORIZATION DATE: \\-2'3-o~ SERVICE AUTHORIZATION NO. 21 FOR CONSULTING SERVICES CITY P.O. NO. CITY EXPENSE CODE: CITY PROJECT NO. MATHEWS CONSULT. PROJECT NO. 1277 TITLE: Swinton Avenue Beautification - Phase II This Service Authorization, when executed, shall be incorporated in and shall become an integral part of the Contract. TITLE: Agreement for General Consulting Engineering Services I. PROJECT DESCRIPTION The project consists of providing final design, permitting and bidding services for the proposed decorative street lighting and beautification (paver cross-walks and paver sidewalks) along Swinton Avenue from intersection SE 2nd Street/SW 2nd Street to just South of intersection NE 4th Street/NW 4th Street. The design information will be developed on pre-existing base drawings prepared by others and provided to Mathews Consulting (MC) by the City. MC will provide supplemental survey information at the intersections of Swinton Avenue/NE 3rd Street and Swinton Avenue/NE 4th Street. The scope of this Service Authorization does not include any traffic calming, off-street parking, traffic signage and stripping, or landscape/irrigation. The project limits are as follows: . SE 2nd Street/SW 2nd Street Intersection (paver pedestrian plazas and crosswalks) . SE 1 st Street/SW 1 st Street Intersection (paver pedestrian plazas and crosswalks) . NE 1 st Street/NW 1 st Street Intersection (paver pedestrian plazas and crosswalks) . NE 2nd Street/NW 2nd Street Intersection (paver pedestrian plazas and crosswalks) . Swinton A venue from SE 2nd Street/SW 2nd Street to south side of NE 4th Street/NW 4th Street (decorative street lighting and sidewalk paver bricks) . NW 1 st Street from Swinton Avenue to NW 1 st Avenue (decorative street lighting and sidewalk paver bricks) swintonavecontract 11/23/04 1 II. SCOPE OF SERVICES Phase I - Study and Report Phase Not Applicable Phase II - Preliminary Deshm Phase Not Applicable Phase III - Final Desien Phase Consultant shall provide final design phase services in accordance with Article IILC of the Agreement for Engineering Services with the City, dated April 20, 2004. 1. Field reconnaissance of the proposed project limits shall be performed. Photograph log walk-through will be included. In addition, potential underground existing utilities will be identified. 2. Coordination with utility agencies shall be performed to collect record information. This subtask involves reconciling apparent discrepancies between record information and existing photographic and field-verification information. 3. Consultant shall review existing intersection survey information prepared by others (W. L. Fish & Company, Inc.) that will be used by Consultant for design purposes. Consultant is not responsible for the accuracy of the existing survey information that the City requests to be used for this project. Consultant shall inform City if any additional survey information is required. If additional survey data is required the project schedule will need to be amended for the extra time it takes to collect survey information. 4. Consultant shall review existing base information (Swinton Avenue) prepared by others (A. Grant Thombrough and Associates) that will be used by Consultant for design purposes. Consultant is not responsible for the accuracy of the existing base information that the City requests to be used for this project. Consultant shall inform City if the existing base information cannot be used for the project. 5. Consultant shall review existing decorative street lighting design prepared by others (JLSD). Consultant shall redesign as required the decorative street lighting using our Electrical Subconsultant (Techno Engineering) and will become Engineer of Record for street lighting design. 6. Consultant shall prepare construction drawings which shall include: cover sheet, general notes, civil plan drawings, intersection paver cross-walk plans, civil detail swintonavecontract 11/23/04 2 - ~--- . drawings, and decorative street lighting drawings conforming to the requirements of the current City of Delray Beach Minimum Construction Standards. The drawing scale shall be 1" = 20' for plan drawings. Consultant shall prepare the engineering design elements on topographic survey information (prepared by others) with Autocad 2000. 7. Consultant shall prepare contract documents consisting of "front-end" documents and technical specifications that shall conform to City of Delray Beach Standards. 8. Drawings and specifications (three copies) shall be submitted for City review at 60%, 90% and 100% stages. Consultant shall meet with the City to discuss comments, and incorporate comments into final documents. 9. Consultant shall furnish with the 100% design drawings, one (1) mylar set and one (1) set of Autocad 2000 files in electronic format. 10. At the 60%, 90% and 100% stages, Consultant shall prepare a detailed opinion of probable construction cost. The cost opinion shall reflect changes in general scope, extent or character of design requirements incorporated during the various design review stages. Phase IV - Biddin2:1Nee:otiation Phase 1. Consultant shall assist City in advertising for and obtaining bids or negotiating proposals for construction (including materials, equipment and labor). It is anticipated that work shall be awarded under a single construction contract. Consultant shall provide 20 sets of bidding documents to the City to issue bid package. The City shall receive and process deposits for bidding documents and shall maintain a record of prospective bidders to whom bidding documents have been issued. 2. Consultant shall attend pre-bid conference and provide a written summary of issues discussed. 3. Consultant shall issue addenda and shall provide supplemental information or clarification, as appropriate, to interpret, clarify, or expand the bidding documents to all prospective bidders during the bid period. 4. Consultant shall attend the bid opening, prepare bid tabulation sheets and assist City in evaluating bids and proposals to award the contract for construction. Consultant shall submit to City a written recommendation concerning contract award. swintonavecontract 11/23/04 3 . . 3. City personnel will assist in field verification of affected existing City facilities. 4. Consultant can assume that all existing aJ:?d proposed infrastructure improvements are within the City of Delray Beach rights-of-way. 5. City will be responsible for acquisition of easements (including temporary), if , required. , I 6. City shall provide Consultant with underground (e.g. potholing) field locations of i affected existing utilities, if required. ADDITIONAL SERVICES Consultant shall provide additional engineering services relating to the provision of surveying, geotechnical, sanitary, water, reclaimed water, drainage, and structural improvements to the project area that are not covered under this Service Authorization. These additional services may be required due to uncertainties discovered during survey, soils, investigations, field verification of existing facilities and conditions, and potential property or easement acquisitions. Services performed under this task will be on as-directed basis in accordance with a written Notice-to-Proceed from the City Manager. The Notice-to-Proceed issued shall contain the following information and requirements. . A detailed description of the work to be undertaken. . A budget establishing the amount of the fee to be paid in accordance with the Agreement. . A time established for completion of the work. III. TIME OF PERFORMANCE The completion dates for this work will be as follows (starting at written notice-to-proceed). Engineering Services Time per Phase Cumulative Time Phase III- Final Design(l) 12 weeks 12 weeks Permitting 4 weeks 16 weeks Phase IV - Bidding 8 weeks 24 weeks (1) Geotechnzcal Testmg and Survey WEll be completed during Phase III Time Period swintonavecontract 11/23/04 5 . . IV. COMPENSATION The compensation for services provided shall be billed on an hourly basis plus reimbursable expenses for each phase of work in accordance with Article VII, Method II, up to the following not to exceed cost for each phase. Engineering Services Estimated Fees Phase III - Final Design Phase $ 32,722.00 Phase IV - Bidding Phase $ 4,823.00 Permitting $ 1,650.00 Geotechnical $ 3,300.00 Survey $ 5,720.00 Out-of-Pocket Expenses $ 1,500.00(1) . Additional Services $ 5.000.00 TOTAL PROJECT COST $ 49,715.00(2) Notes. (l)Out-o}Pocket Expenses include the following: printzng/reproduction and postage. (2)Total project cost does not include the $5,000 for Additional Services (if authOrized by the Clty) swintonavecontract 11/23/04 6 . This Service Authorization is approved contingent upon the City's acceptance of and satisfaction of the completion of the services rendered in the previous phase whereas encompassed by the previous Service Authorization. If the City in its sole discretion is unsatisfied with the services provided in the previous phase or Service Authorization, the City may terminate the contract without incurring any further liability. The Consultant may not commence work on and Service Authorization approved by the City to be included as part of the contract without any further notice to proceed. Approved by: CITY OF DELRA Y BEACH: MATHEWS CONSULTING, INC. Date: Jeff Perlman, Mayor Attest: Approved as to Legal Sufficiency and Form STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me thisZ~ay of ~.; , 2004 by David L. Mathews, Vice President of Mathews Consulting, Inc., a Florida corporation, on behalf of the corporation. He/She is (personally known to me) or (has produced identification), ~ Driver's Florida License and (did/did not) take an oath. 'iIJ Nancy Amlatrong . . My CornmisIIOn DD282401 ~OI~ ExpireS February 28. 2001 swmtonavecontract 11/23/04 7 u CD 0 ~ cj = ~ ~ z .. r/.) ~1 - ~ u 0 ~ c s~ c. .2 ::r:: - - CD llS CD tn c- E-t r/.)~ ._ C. LL E < Zc C) 0 0 ci 0 =s u ~ E1 .., It) C C ~ ~.., ~ ca ::E ... ~ ... ca ::E .c CD LL C ca .., U "l:I' CD . cO c > N 0 Z ~ - ~ ~ ca "C - ~ C ~ - - CD ~ U "l:I' - ca CD C "C "C .~ C ... C ... N ca N ~ Q. an ~ "C'"" - "C'"" C "C C ~ C) u .- C) c 0 ~ CD rn c ca :;::; CD U 0 ~ 0 ~ C) ~ - ~ c ... Q. "i E :c - .~ rn I- ~ C "C C Z tn .- CD .- 0 \J u. Q. In CJ " ~1Il ['II I Illl!!1 25 il u ._~ 0 olm ooo~ qlm ~ 000 ' e -g "Sill:;: I ! 1m ol~ 00 0 ~ [miNII 1"",11 25 ~ ~ 15, ~ I:.. '1M mi. m N M . M N ~ . .. CD' ~ (I) e Q) ! 'I'~ ~TI'- ~ ~ ~ II) ~'I~ I ~ M m II)~. 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II 51:g J!! ~ ~!~II i ~ e .c! , J: () l!l () :21_ ,w. o c. i I 41 -- C '41 "E. a::: I I I 13 I! 1- ~ S (.) !C C G, ':ii' "ii .- 01 1 I' ; .c I ,j I ,m 0 0 Ii ,m m:!::; '-' -st;.- I' I, 1 .~ --_ ':::::,::::1 ,w. 0 III III I c., i' I Ole -g-go ,:::J:::JIIII l!!: I- Q) 41 ! 0 01, ! i ".f..c:i_ (l)wl- ,Ill IIlCi::::l' _ o C 'r" N M .q- ID to ,..... IX) en 'r" C 'r" N ('l')lvjLOl ;! ~ i ~ '- '-.... i 55! 0 ,.D I U "" I Ii "" "" "" "" "" "" "" ""I"" "" :;1"" ""I ""!Ii "",""I E (5 ~ 0 0.&, l,g ,gi"g ,el .!!!. m .5mmmmm'mml(Jl(Jl(J :2mim,m'mil(J QiQ):::J -g-g<<l' ':::J::::J;::::I ,Qj ~ I- u.. I- I- I- I- 1-1- I- I- I- I- a1,I-;HI- "":11-1 ll. C9 (I) ...J ...J...J' :(I),weni Ill:: c. o ;! : [' [ ! ! ; "II z ' , , ~ I ' 41 Q) , > .c III - [ 1-, _ ~ ! i i i 0, i I Date: 30 N ov 2004 AGENDA ITEM NUMBER: 8>\) G - , , .. 5i - ~~-- ,~.. ~j(^~~:"'- . . AGENDA REQUEST Request to be placed on: ---X- Consent Agenda _Regular Agenda _Workshop Agenda _Special Agenda When: 06 Dec 2004 Description of Agenda Item (who, what, where, how much): Request for Commission authorization/approval for Mayor to execute Service Authorization #20 with Mathews Consulting, Inc. for design of Beautification Improvements along Swinton A venue from SWSE 2nd Street to Lake Ida Road/NE 4th Street, and NW 1st Street from NW 1st Avenue to N Swinton Avenue. The cost of this Service Authorization is $49,715.00. Staff Recommendation: APP~ ~ Department Head Signature: . .~ r ~ / J, be. "'1 City Attorney ReviewlRecommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): J W~,~ , Funding Available~ I No Initials: YES Account Number 119-4151-572.60-69 Jea..u/,';;~~ Ji;.ut rrl Description Swinton Ave Beautification PH II .::r:.. ,f) ~ JJ t/ -LwtJ..u::t O~ I __ Account Balance: $694.637.50 Funding Alternatives: (if applicable) City Manager Review: Approved for Agenda:el No Initials: ~- Hold Until: Agenda Coordinator Review: Received: s: \EngAdmin \Projects \2001 \200 1-054\OFFICIAL \2004-11-30 agenda.doc - MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER rJtf\ SUBJECT: AGENDA ITEM # ~E - REGULAR MEETING OF DECEMBER 6. 2004 CHANGE ORDER NO. 1/FINAL PAYMENT IC & D CONSTRUCTION, INC. DATE: DECEMBER 3, 2004 lbis is before City Commission to approve Change Order No. 1 in the net deduct amount of $6,174.72, and final payment in the amount of $8,704.37 to C & D Construction, Inc. for completion of the City Marina Dock and Pier Replacement Project. Funding is available from 426-4311-575-63.90 (City Marina Fund/Other Improvements). Recommend approval of Change Order No. 1 and final payment to C & D Construction, Inc. for completion of the City Marina Dock and Pier Replacement Project. S:\Clty C1erk\agenda memos\FmaI Payment.C & D ConstroctJon.12 06.04 City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M www mydelraybeach com TO: David Harden, City Manager FROM: Victor Majten~truction Manager SUBJECT: CITY MARINA DOCK & PIER REPLACEMENTS (pIN 2004-016) Agenda Request; Change Order #l/Final and Final Payment DATE: November 29,2004 Attached is an Agenda Request for Change Order # lIFinal in the deduct amount of $6,174.72 and a request for final payment in the amount of $8,704.37 to C & D Construction, Inc. for the completion of the City Marina Dock and Pier Replacement project, PIN 2004-016. This change order will liquidate the contingency allowance not used under the contract. The project is complete with all closeout documentation received. A contractor evaluation is attached for your review. Staff recommends approval of Change Order #llFinal in the deduct amount of $6,174.72 and final payment in the amount of $8,704.37 to C & D Construction, Inc. Residual funds will be liquidated from P.O.# 622137 to account 426-4311-575-63.90 (City Marina Funds/ Other Improvements). cc: Richard Hasko, P E , Director of EnVIronmental Services Randal Krejcarek, P E.; City Engineer Rafael Ballestero, Dep Dlr of Construction Joe Weldon, Parks & Recreation Director Rich Connell; ASSISt. Parks & Recreation DIrector Carolanne Kucmerowskl, City Clerks Office Agenda file; 12/06/04 Project File, 2004-016(A) S \EngAdmm\ProJects\2004\2004-016\CONSTRCT\agnd memo CO#1 Fm C&D 120604 doc - - -- --- --~--- CITY OF DELRA Y BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 1/ Final PROJECT NO. 04-016 DATE: PROJECT TITLE: City Marina Dock and Pier Replacements TO CONTRACTOR: C & D Construction, Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Liquidate contingency allowance not used, as outlined in attached schedule "A" SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $93,218.42 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $0.00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $93,218.42 COST OF CONSTRUCTION CHANGES THIS ORDER ($6.1 74.72) ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $87,043.70 PER CENT DECREASE THIS CHANGE ORDER -6.6 % TOTAL PER CENT DECREASE TO DATE -6.6 % CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that the prices quoted are fair and reasonable and in proper ratio to the cost of the original work contracted for under benefit of competitive bidding. C & D Construction, Inc. (Contractor to sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding is available from accounts: 426-4311-575-63.90 (-$6,174.72). DEPARTMENT FUNDING CERTIFIED BY DELRA Y BEACH, FLORIDA by its City Commission RECOMMEND: By: Environmental Services Mayor ATTEST: APPROVED: By: City Attorney City Clerk S \EngAdmm\Projects\2004\2004-016\CONSTRCT\CO#I Fmal C&D 12.0604 doc --- - - --- -~- City Marina Dock and Pier Replacement PIN 2004-016 Change Order Schedule A Contract To Date ITEM ITEM C & D Construction, Inc C & D Construction, Inc NO. DESCRIPTION UNIT ONTY UNIT PRICE TOTAL PRICE ONTY UNIT PRICE TOTAL PRICE (+/-) Difference 10 MobilIZation/Demobilization LS 1 16,10000 $16,10000 10000% 16,10000 $16,10000 $000 -------.. .................. --------------...-----------................. ------ -...------- ------------- -----...._-------- ...-------- ------..----- ---------------- -------..-...------ 20 Remove and Replace finger dock decks SF 2400 1132 $27,16800 2350 1132 S26,602 00 ($566 00) -------- -------............... -----------.....-------------......- ----------...-- ---------...------ ------------ ---------------- ---------------- 30 Remove and Replace ladders EA 10 285 20 $2,85200 10 285 20 $2,852 00 $000 -------- ----------...--------..--------------..---..-...- ----...- --------- -----....._----- -------......._----- ---..---_.. ----------..... -------------....... ----------...-..--- 40 Replace spill cross beams EA 15 15354 $2,303 10 0 15354 $000 ($2,303 10) -..-...---- ----... .....------- - - - - - - ---------------------- ------ --------- ------------- --------...------- ----........-.. ------------ ---------------- ---------------- 50 Remove and Replace dock fenders EA 104 11058 $11,50032 90 11058 $9,95220 ($1.54812) ----.....-- ------...-------------.....--..---------...-...----- ------ -......------ -------...----- --------.......----- --------- ------------ ..--------------.. ----..------------ 60 Remove and Replace dolphlne piles EA 18 1.092 50 $19,66500 19 1.092 50 $20,757 50 $1,092 50 -------- ---------------....-...-----..--......------------- -.._--- -----_..-- ..------------ -..-...------------ --------- ------------ ---------------- ------------..--- 70 Repair bulkhead panel at slormwater outfall EA 1 1,95500 $1,95500 1 1,95500 $1.95500 $000 ..------- ---......------------..........--..------.........-...---..- ------ --------- ------------- -------......_.....--- --------.. ........--...-...---- ---------------- -----........------- 80 Repair bailer piles at pumpout stallon EA 4 488 75 $1.955 00 4 488 75 S1,955 00 $000 ------..- - - --------.......--------...---...- - - - - - - - -- -..-....... ------ ----..-.....- -----------...... -..--...-......----..--- ----..---- ------------ ------------......... .....-------------- 90 Repair panel cracks at slip S1 EA 1 1,95500 $1,955 00 1 1,955 00 $1,95500 SO 00 ---.....-...- - - - - - ---........------------..-------- - - - - - - - -..- ------ ----........-- -..----------- ----..-------..--- --------- ----------..... ---------------- ........------------ 100 Repair pole and panel at sllp5/6 EA 1 1,955 00 $1.95500 1 1.95500 $1.95500 SO 00 -------- ------------------------------------------ ------ --------- ------------- ---------------- ...-------- ----------..... ---------------- .......--..---------- 110. Contingency Allowance LS 1 5,000 00 $5,000 00 0 $000 $000 ($5,000 00) -------- ......-------..----.....---------------..-..------..- ------..-...-..-- -------------....- --..---..-...--- ---------------- --......----------- 120 Indemnification LS 1 1000 $1000 1 1000 $1000 $000 ------.... ---------..----......-.......-----------..--..------ ------ --..........-- ----------..-- ---------------- .....------- ------------ --...------------- ----..--............--- Total Base Bid $92,41842 $84,093 70 ($8,324 72) ALTERNATES $800 00 100% $800 00 $000 --------- ..---------......--- .......-..----------- Total Alternate Bid $800 00 $800 00 $000 --..--...-...-..-........-... . Contingency Allowance 11 A Furnish and .nstall addrtlonal wood blocking EA 0 3500 $000 40 3500 $1,40000 $1,40000 under boat cleats to dlstnbute potentlaltensll load f:;-e---- Fij;,;ish-and~,;siaiiadd~ioonai-woOdsi;;;;ge-.s-- --eS-- --------0 --------(iO() -----------$"0-00 10 -------75-00 --------$75-0eio --------m-aGe) to eXlsbng stnngers for nailing decks, dock 3- 4 1-:;-6""-- -------..-..------..-..........-..---......-............-......----... ---......... ..................-...- .....--..--................. ------...-...__.....--- -........................ ........-...........-..- -............--.....................-- ..-..........---...-........... ..------- ---.........-----...-......---------...-...-...------....--........ ------ --------- ------------- ---......---------- --------- ------------ --------........_--- ---------------- Total Contingency $000 $2.15000 $2,15000 Total Contract $93,21842 I $87,04370 I ($6,17472)1 Onglnal Contract $93,218 42 PrevIous Changes $000 Contract Amount approved to date $93,218 42 Actual Contract to Date $87,043 70 Change Order #1 ($6,174.72) PIN 2004-016 S \EngAdm.n\PrOjectsl200412004-016\BUDGETlC & 0 quanblles xis Pnnt Date 11/2912004 AGENDA REQUEST Agenda Item NO.:~ DATE: November 29, 2004 Request to be placed on: -L Regular Agenda _ Special Agenda _ Workshop Agenda When: December 6, 2004 . Description of item (who, what, where, how much): Change Order #1/Flnal in the deduct amount of $6,174.72.00 and a request for final payment in the amount of $8,704.37 to C & D Construction, Inc. for the completion of the City Marina Dock and Pier Replacement project, PIN 2004-016. This change order will liquidate the contingency allowance not used under the contract. Funds will be liquidated from P.O.#622137 to account 426-4311-575-63.90, City Marina Fund/Other Improvements. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT A TT ACHED YES/NO Recommendation: Approve Change Order #1/Final and final payment to C & D Construction, Inc. for the above referenced project. Department Head a\~ ..p{~ / I. U'. u'#' Signature' Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding available @/NO (if applicable) Funding alternatives Account No. & Description See above ~ 1I/:30/Dtf Account Balance See above d.uJ.M~~ Ifje / ' City Manager Review: @ M Approved for agenda: E 0 Hold Until. Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved S \EngAdmlO\Projects\2004\2004-016\CONSTRCT\agnd req CO#I FIO C&D 12 06 04 doc 01< tM City of.. betray Beach MYI>ELRAYBEACH. COM Administrative Services Memorandum TO: David T. Harden, City Manager FROM: ~obert A. Barcinski, Assistant City Manager SUBJECT: AGENDA ITEM CITY COMMISSION MEETING DECEMBER 6. 2004 '" APPROVAL SPECIAL EVENT FIRS T NIGHT 2005 DATE: November 30, 2004 Action City Commission is requested to endorse the 8th Annual First Night 2005 event to be held on December 31, 2004 from 4:00 p.m. to midnight, to grant a temporary use permit per LDR's Section 2.4.6(H) for the use of City rights-of- way and facilities as requested, to waive LDR's Section 4.6.7(D)(3)(j)(ii) to allow event signage to be placed more than one week prior to the event, to authorize staff support as requested, and to authorize facility use as requested. Backaround First Night is a City sponsored event. This year's event again will include more visual artists displays and the street closure will be extended to NE/SE 7th Avenue versus NE/SE 5th Avenue. The children's area will be set up at Veterans Park and is being sponsored by Miami Dolphins. The children's finale with fireworks and ping pong ball shoot will again be held at 9:00 p.m. on the grounds at Old School Square. The grand finale and fireworks show will be held at the stadium. I have attached a copy of the event permit, site plan, and schedule, and the approved budget. Certificates of insurance are being obtained through Risk Management. The estimated overtime costs for this event are $18,500, stage rental costs $530, and barricade rental costs $1,000. This is a City sponsored event. Per our event policies and procedures, there are no charges for City costs. ~F ~- ~--- Staff support is requested for traffic control and security, site clean up and trash removal, barricade set up and removal, signage construction and installation, stage set up, and EMS services. Recommendation Staff recommends endorsement of the event, approval of the temporary use permit per LDR's Section 2.4.6(H) for use of City rights-of-way and facilities, waiver of the LDR's 4.6.7(D)(3)(j)(ii) to allow event signage to be put up no earlier than December 7th, approve staff support as requested, and use of City stages at no charge. Barricade rental will be paid for from the event budget. RAB:ibg Attachments File: Barclnski/ Agenda Item City Commission Meeting - First Night 2005 - Memo - .. City of Delray Beach DEUtAY BEAot . lit. I . .. !!ad Special Event Permit Application " III! - - ~ -- PLEASE TYPE OR PRINT 1993 2001 Event NamefTitle: First Night 2005 Event Date(s): December 31, 2004 Event Time(s): 4:00 p.m. to midnight Event Sponsor/Producer: City of Delray Beach Event Contact/Coordinator: Tina Ginn Name: Robert A. Barcinski Address: 100 NW 1st Avenue Telephone Number: 243-7011 Cellular Number: E-mail Address: Barcinski@ci.delray-beach.fl.us Event Description/Purpose: Non-alcoholic New Year's Eve Celebration featuring local artists and entertainers. The event is family oriented. Sponsor Category (please check) City 0 Non-Profit/Charitable 0 Private 0 Co-Sponsor - Non-Profit/Private 0 (If Non-profit attach proof of 501c(3) or (d)) Event Location (Describe area boundaries of event/location): Atlantic Avenue II Swinton Avenue to NE/SE 7th Street, SE 1st Avenue to alley south of Atlantic, NE/SE 2nd Avenue to alleys north and south of Atlantic, SE 3rd Avenue to the alley south of Atlantic, NE 4th Avenue to the alley north of Atlantic, SE 4th Avenue to the Library, Tennis facilities and ticket booth. Community Center, Old School Square site, Worthing Park and Veterans Park, Library and Palm Beach Photographic Center. Site plan attached yes x no (Site plan required for entire event site) Event budget attached x yes no (Required for all events) Serving or selling alcoholic beverages yes no x (If yes, copy of license and alcohol liability insurance required two (2) weeks prior to event) 1 .. . , Event certificate of insurance attached yes no x (Required two (2) weeks prior to event naming the City as additional insured, also -- required for vendors) - -- - -=-ilL -- - c:::::iiiiit._ Playing of amplified music yes x no (Waiver required) Requesting Police assistance yes x no (traffic control/security) Will supplement with private security x yes no (If yes, need plan attached) Requesting Emergency Medical assistance yes x no Requesting barricade assistance yes x no Requesting trash removal/clean up assistance yes x no Requesting trash boxes and liners yes x no Requesting stage use yes x no (If yes, check type) Large stage covered 0 Large stage no cover 0 Small stage 0 Half.small stage 0 Requesting signage yes x no Type: Event sign yes Directional signs yes Banner hanging no Indicate dates required on 12/17/04 for Event Signs (Waiver required if more than one (1) week prior to event) Food and beverage vendors yes x no If yes, approximate number 10 Health Department approval yes x no Other vendors yes x no Tents yes x no (If yes, tent permits and fire inspections maybe needed) Will the event include amusement rides yes no x (If yes, type and location and copy of liability insurance required) Will the event be gated yes no x (Show on-site map) 2 - --- ... , Will there be fireworks or other pyrotechnics yes x no (If yes, contact Fire Marshall) - - - Will there be cooking with compressed gas x ~- yes no (If yes, contact Fire Marshall) Will you be providing port-a-Iets for the event yes x no (If yes, locate on-site map. If no, indicate how you will handle restroom needs) Will there be a charge for the event yes x no (If yes, indicate ticket prices) Is reserved parking requested yes x no (If yes, indicate locations) 11/30/04 Event Contractor/Coordinator Date Please print: Please enclose the appropriate non-refundable application fee payable to the City of Delray Beach, 100 N.W. 1st Avenue, Delray Beach, Florida 33444. . For Staff Use Only Date Received Application fee received $ Site map Budget Certificate of insurance Hold Harmless agreement Security plan Waiver alcoholic beverage Railroad approval Coast Guard approval 501c(3) or (d) certificate or letter Health Department approval Fire Inspector approval Police Department approval Public Works approval Parks and Recreation approval City Commission approval 3 ----- It) 0 0 0 0 0 c It) 0 0 0 0 c It) 0 It) 0 0 0 c It) 0 0 0 0 c c 0 0 0 0 0 0 c 0 0 0 0 ~ 0 0 c 0 0 0 0 c 0 0 0 0 ~ 0 0 LO O. 0_ 0_ lI) 0 ~ """- 00 0 O. 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Barcinski, Assistant Cit -, : 2DO' ,.) -i ., f / , 'Jd.j/I ~~ SUBJECT: AGENDA ITEM CITY COMMISSSION MEETING December 6 , 2004 ^' Special Event Approval ^' ART & JAZZ ON THE A VENUE DATE: November 30, 2004 ACTION City Commission is required to endorse the next Art & Jazz on the Avenue scheduled for January 20, 2005 from 6:00 p.m. to 10:00 p.m., to grant a temporary use permit per LDR Section 2.4.6. (H) for the closure of Atlantic Avenue from Swinton to NE rh Avenue, the south side of Atlantic Avenue from NE 7th Avenue to just past the Blue Anchor Pub, Railroad Drive from Atlantic to NE 1st Street, and NE 2nd Avenue from Atlantic Avenue to NE 1st Street, and to authorize staff support for security and traffic control, banner hanging and removal, barricade set up and removal and clean up. BACKGROUND Attached is the special event permit request, budget, hold harmless agreement, certificate of insurance and site plan for this event received from Marjorie Ferrer. The estimate overtime cost for this event is $6,500. Cost for barricade rental is estimated at $400. Based on new event policies in effect January 1, 2005 the Joint Venture will be required to pay 40'Yo of all costs over $1,000. RECOMMENDATION Staff recommends endorsement of the event, approval of the temporary use permit and street closure, staff support as requested, including barricades with payment of 40'Yo of all costs over $1,000. RAB:ibg cc: Lt. Geoff Williams Joe Weldon Jim Schmitz Attachments File BarcmskIlAgenda Item City CommIssIon Meetmg - Art & Jazz on the Avenue - Memo ~~ --- - --- _,s , " ' City of Delray Beach Special Event Permit Application PLEASE TYPE OR PRIl)lT Event Nameffitle: 4 "12 r ..J]A '2.-1.-- tOn! THG AJL~~ Ue. Event Date(s): JA IV /J.J.I< V .!l() ~~5 I Event Time(s): 6 ~!JtfJ P!1 - IO:D 0- 11. t\J I Event Sponsor/Producer: JeP I ttrr I/.:etvrvtet= Event Contact/Coordinator: !1,AI<.;;-tPl<lJi:-' retRfJt::~ , . Name: ;t1AIl;rtP~/E y~tI2lU:~ Address: !. lJ ~ ~ S Ii- V e... - 0 ~"-J B,f14 (! PI' Telephone Number: S"'...:2.1<J-tJr16 Cellular Number: -Q,."1'-'1" P E-mail Address: /'1.;"Il~P!e ~ jJe.J.A-AY BE~("IA,t'OM /Pili "}IE' - l: tI /~ /t.IV ,;p~AJ #tJ o-5c- Sponsor Category (please check) City 0 Non-Profit/Charitable 0 Private ~ Co-Sponsor - Non-Profit/Private 0 (If Non-profit attach proof of 501c(3) or (d)) vt: lJJ,1tIe I ,4M'1n1l- Sf Jt'u13 . To .ME. I J7; , . Site plan attached yes Y no (Site plan required for entire event site) ~ ~/QYVl.-6 yes X Event budget attached no (Required for all events) Serving or selling alcoholic beverages yes no X @ (If yes, copy of license and alcohol liability insurance required two (2) weeks prior to event) @ ~f:~ 8 /)~-r it 1 -' Event certificate of insurance attached yes X no (Required two (2) weeks prior to event naming the City as additional insured, also required for vendors) Playing of amplified music yes ~ no t V (Waiver required) ~ (j.i"'(]veJr Uh#IVe-R- ~F fYI/It tP~l>t A-ffl1t/leD Requesting Police assistance yes X no (traffic control/security) Will supplement with private security yes no X (If yes, need plan attached) Requesting Emergency Medical assistance yes no >( Requesting barricade assistance yes )( no Requesting trash removal/clean up assistance yes >( no Requesting trash boxes and liners yes X no Requesting stage use yes no X (If yes, check type) Large stage covered 0 Large stage no cover 0 Small stage 0 Half small stage 0 Requesting signage yes no Type: Event sign >< Directional signs / WEEK. PA'l{)~ Banner hanging Indicate dates required K . (Waiver required if more than one (1) week prior to event) Food and beverage vendors yes no ~ If yes, approximate number X Health Department approval yes no Other vendors yes no k" Tents yes no ~ (If yes, tent permits and fire inspections maybe needed) {.sPIJ";.f'(J ~ J.7~f tv1'~~ Will the event include amusement rides yes no ~ (If yes, type and location and copy of liability insurance required) Will the event be gated yes no ~ (Show on-site map) 2 , . . . Will there be fireworks or other pyrotechnics yes no X (If yes, contact Fire Marshall) Will there be cooking with compressed gas yes no X (If yes, contact Fire Marshall) Will you be providing port-a-Iets for the event yes ~ no (If yes, locate on-site map. If no, indicate how you will handle restroom needs) ~/Y J IrE MftJi . )t( Will there be a charge for the event yes no (If yes, indicate ticket prices) - Is reserved parking requested yes no ~ (If yes, indicate locations) ,. ~ . > << I , ~I tJ tf Event Cont ac or/Coordinator Date Please print. MA- ~JDC1 f~ ~~~E: (L-- . Please enclose the appropriate non-refundable application fee payable to the City of Delray Beach, 100 N.W. 1st Avenue, Delray Beach, Florida 33444. For, Staff Use Only Application fee received $ ({)f'J ~&L w Date Received ---~ Ft; I-. 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(f) a.. 0 0:: m 0:: ~ I- Z . , SPECIAL EVENT HOLD HARMLESS AGREEMENT The Downtown Delrav Beach Joint Venture in consideration of the payment of ten (10) (Name of Entity) dollars, receipt of which is hereby acknowledged. agrees to indemnify, hold harmless and defend the City of Delray Beach, its agents and employees from all suits, actions and claims including attorney's fees and costs attendant to any claim, litigation, administrative proceeding, appeal and judgment of every name and description brought against the City as a result of loss, damage or injury to person or property arising from and in exchange for the Downtown Delrav Beach Joint Venture use of City facilities or (Name of Entity) property for the special event of *ART & JAZ2 and hereby releases the City of Delray Beach, its agents and employees from all suits, actions and claims including attorney's fees and costs attendant to any daim, litigation. administrative proceedings, appeal and judgment of every name and description brought against the City as a result of loss, damage or injury to person or property arising from the special event of ARt & JAZZ (Name of Entity) * This Indemnification and Hold Hannless and Defend Agreement is only to the extent of insurance maintained by the Downtown Delray Beach Joint Venture as covered under Scottsdale Insurance Company Policy number CLS0737702 ART & JAZZ (Name of Special Event) ~~~.~ 51h( ItluAvU.. , Witness IC ae IS C, airman ,[PiMA KL-e-I,r /!1 A / Delray Beach Joint Venture Print Name Michael Listick ~~ Print Name Witness jERE=,(A r tf( A 1/4-1F Ll----L-) tr;f!,JNr name ,caRD~ CERTIFICATE OF LIABILITY INSURANCE OP 10 81 DATE (MMiDDiYYYY\ DOWNT 2 12/29/03 jOUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ne Plastridge Agency, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 820 N.E. 6th Avenue HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P. O. Drawer 730 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Delray Beach FL 33447-0730 INAIC# Phone: 561-276-5221 Fax: 561-276-5244 INSURERS AFFORDING COVERAGE INSURED INSURER A- Sc.cttsdala Insurance CotJpany INSURER B Downtown Delray Beach Joint INSURER C Venture 64 S.E. 5th Avenue INSURER D Delray Beach FL 33444 INSURER E. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOlWlTHST ANDING 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 POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS NSR[ TYPE OF INSURANCE POLlCY NUMBER P&.~~i~ft8,w\E I P9U~YI~b~;J!RN UMITS LTR DATE MM/DD GENERAL LlABIUTY EACH OCCURRENCE $1000000 - P~M;SES lEa occurence) A X X COMMERCIAL GENERAL LIABIUTY CLS0737702 01/23/04 01/23/05 $50000 I CLAIMS MADE [}f] OCCUR MED EXP (Any ona person) $ axel PERSOMAl & ADV INJURY $1000000 GENERAL AGGREGATE $1000000 GEN'L AGGREGATE LIMIT APPLIES PER' PRODUCTS - COMP/OP AGG $ axel I nPRO- n POLICY JECT LaC ~TOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea aCCIdent) I-- ALL OWNED AUTOS BODILY INJURY '-- $ SCHEDULED AUTOS (Par person) - I--- HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Par accident) f--- PROPERTY DAMAGE $ (Per acclllent) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ RANY AUTO OTHER THAN EA ACC $ AUTO ONLY AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ o OCCUR o CLAIMS MADE AGGREGATE $ $ R DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND ITORY LIMITS I \UIH- ER EMPLOYERS' L1ABIUTY E L EACH ACCIDENT $ ANY PROPRIETORlPARTNERlEXECUTIVE OFFICER/MEMBER EXCLUDED? I E.L DISEASE - EA EMPLOYEE $ If yes, dascribe under E L DISEASE - POLICY LIMIT $ SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS / LOCATIONS J VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Special Events - 5 Art & Jazz on the Avenuel 8 Summer Nights on the Avenue 1 Balloon Glow. The City of Delray Beach is listed as additional insured with respect to General Liability ONLY. CERTIFICATE HOLDER CANCELLATION CITYD-1 SI10ULD ANY OF mE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRA TIOI DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO IoIAIL ~ DAYS WRITTEN NOTICE TO TilE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL City of Delray Beach IMPOSE NO OBLIGATION OR L1ABILliY OF ANY KII~D UPON THE INSURER, ITS AGENTS OR 100 N.W. lst Avenue REPRESENTATIVES. Delray Beach FL 33483 AUTHORIZED REPRESEN1ATIVE ACORD 25 (2001/08) -.1 .. --- 1l~'" ,.:; " , ~ ~ CD 0 OJ ,'" " ~\-'!: , 300 1l] u U ,\ $)!Jl Vl 1- ~ ..:::Q~'"1 g ~ r \P S' ~ ~ ~ ~ . ~?r- ... .. , t ~ ~ \ " 1 'J F l ~ , JO ., ~ , ""'.. "X ~ P: , 1=- ~ ~ - T ~ fi' o o INTRACOASTAl:.-WATEfli-?-it ~ MYDELRA YBEACH. COM City of Delroy. Beach Administrative Services Memorandum TO: David T. Harden, City Manager FROM: \~obert A. Barcinski, Assistant City Manager . SUBJECT: AGENDA ITEM - CITY COMMISSION MEETING DECEMBER 6. 2004 SPECIAL EVENT REQUEST ..., DOWNTOWN DELRAY ART FESTIVAL DATE: November 30, 2004 Action City Commission is requested to endorse the 16th Annual Downtown Art Festival sponsored by Howard Alan Events, Ltd. to be held January 22-23, 2005 to grant a temporary use permit per LDR's section 2.4.6(H) for use of city right- of-way, on Atlantic Avenue from the east side of NE 6th Avenue to Salina and Veterans Park lot for vendor parking, to authorize staff to apply for the FDOT street closure permit, to authorize staff support for security and traffic control, and to permit an event sign to be erected on Atlantic Avenue just east of I-95 one week prior to the event. Back9round Howard Alan Events, Ltd. will be conducting the 16th Annual Downtown Art Festival on January 22nd and 23rd. This year again, a portion of the proceeds will be given to the Joint Venture. Mr. Alan is requesting closure of Atlantic Avenue, from just east of NE/SE 6th Avenue east to Salina. He is also requesting the use of Veteran's Park for vendor parking and requesting security and traffic control assistance from the Police Department. Mr. Alan has indicated that he will rent and install barricades with volunteers; however, City staff will need to inspect the barricade set up. I am recommending that we direct vendor parking to the Vittorio's lot because of the need for parking for the Pilgrim Belle and Adult Center activities in Veterans Park. The estimated overtime cost for City services is $8,715. Mr. Alan will pay for these costs as well as provide for trash removal, clean up, and port-a-Iets. Signage per LDR's ~t\ section 4.6.7(D)(3)(j)(i) can be installed one week prior to the event and must be under 20 square feet. Attached are the permit, site plan, budget, and hold harmless agreement and certificates of insurance. Per event policies and procedures the event sponsor will be required to pay 100i'0 of the costs. Recommendation Staff recommends endorsement of the event, granting of the temporary use permit for the street closure and parking lot use as requested, providing staff assistance for traffic control and security, and allowing the event sign to be installed one week prior to the event with all overtime costs to be paid by the vendor, with vendor parking to be permitted in the Vittorio's parking lot versus Veterans lot. RAB:ibg cc: Marjorie Ferrer Attachments File: Barcinskl/Agenda Item City Commission Meeting - Downtown Delray Art Festival- Memo ------------ - ---------- . " r AMERICA~ FINEST October 18, 2004 ...-~t;1A f)CC LIVE'" ~ 'l't~ ~ ;, 1- JL. U " 2Gn~ Mr. Robert Barcinski ~lJ~I.~ 1'"1"-.- .' Assistant City Manager ClTy"r:iAN 4G'I=R City of Delray - . 100 NW 1st Avenue Delray Beach, FL 33444 Dear Mr. Barcinski 1I0\\<lnl \1<111 E\ ..lIl.... lAd. We are planning for the 16th Annual Downtown Delray Art Festival, to be held January 22 - 23, 2005 on AtlantiC Avenue starting Just east of Federal Highway and going our typical route to Salina There will be a single lane open from Salina to Andrews on the North side of AtlantiC Avenue Please be advised that the following logistics for the 16th Annual Downtown Delray Art Festival will be arranged: Street Closure: Bob's Barricades will drop off barricades on Friday, January 21, 2005, and our employees will set them up early Saturday morning Police: The Delray Police Department will arrange for Police and Security from 10:00 am - 5:00 pm on Saturday and Sunday, and overnight security on Saturday from 6:00 pm - 6:00 am. Due to the fact that the show will be on both sides of the Intercoastal, we are requesting an officer to man each side of the Intercoastal to stop pedestrians during bridge openings We are also requesting overnight security for both sides of the bridge as in previous years. Port-O-Lets: 5 regular and 2 handicap portolets will be ordered through Able Sanitation and will be dropped off on Friday, January 21, 2005 and will be picked up on Monday, January 24, 2005, with servicing on Sunday, January 23,2005 Dumpster: Two 30-yard rolloff dumpsters are ordered from Waste Management They will be dropped off on Friday and picked up on Monday as well Locations of dumpsters will include municipal spots behind Veterans Park on city street and on Seabreeze as Indicated. Trash Receptacles: Trash receptacles will be supplied and maintained by our professional clean- up crew, Profest (Mitch) They Will handle clean up of the trash throughout the area each day Vendor Parking: RV's and large rig vehicles Will park in the muniCipal parking lots just west of the Intracoastal Waterway Cars and vans will park at Bank of America dUring the day only. Insurance: City required certificates will be issued. As always, we greatly appreciate your great help and time that you put into these events. If you have any questions, please feel free to call me at (954) 472-3755 ext 10. 9695 W. BROWARD BLVD. . PLANTATION. FLORIDA 33324 (954) 472-3755 . FAX (954) 472-3891 www.artfestiyal.com ~. City of Delray Beach DElRAY BEACH , L D . I 0 " b.ftd Special Event Permit All-America City Application , 'III! PLEASE PRINT 1993 2001 Event NamelTitle: /&'16 14nY)~c&. bc1.U-J~ 'DJ'r4.y ksh~ of!- ~ Ik6 Event Date(s): -SO-.v\u.A..Ir <r ~;;; + a. 3. ~Oos:- Event Time(s): )0 lLW1 - ~ P YYl ~~d Event Sponsor/Producer: ---10l<'-\- \!e,-,hYe..- ~~iC: k,.u Event Contact/Coordinator: ~fA~A J .MaA f:vef\ts Name:~ ~ ft ~ GD~Z- Address:?ll P; f ~ b '. 7/W1~tY} ,r:;:L :S33.;J'/ Telephone Number: tfS7I- i..f7;;.-3?5~ Cellular Number: Cf51./-~&;I- ~30S' E-mail Address: ~o ~cl CO> cu....~{,1I& . ah./\ EventDescriptionlPurpose: C).}~ ( J' ur;pa. U b-kw.L Sponsor Category (please check) City 0 Non-Profit/Charitable 0 Private ~ Co-Sponsor - Non-Profit/Private 0 (If Non-profit attach proof of 501c(3) or (d)) Event Location (DeSCribnboundaries of eve:~_ ~hf ~le~,~ ~~~~~ ~<l / /' Site plan attached yes no (Site plan required for entire event site) / Event budget attached yes no (Required for all events) / Serving or selling alcoholic beverages yes no (If yes, copy of license and alcohol liability insurance required two (2) weeks prior to event) 1 Event certificate of insurance attached yes / no (Required two (2) weeks prior to event naming the Cily as additiOn7red' also required for vendors) Playing of amplified music yes no (Waiver required) 7 Requesting Police assistance yes no (traffic control/security) / Will supplement with private security yes no (If yes, need plan attached) no~ Requesting Emergency Medical assistance yes /' Requesting barricade assistance yes / , no no+ Requesting trash removal/clean up assistance yes Requesting trash boxes and liners yes no/ Requesting stage use yes no (If yes, check type) Large stage covered 0 Large stage no cover o Small stage 0 Half small stage 0 Requesting signage / yes f no ~ Type: Event sign Directional signs V -:Vlel!.~ ocG\~ C{!)~ e J- Banner hanging Indicate dates required (Waiver required if more than one (1) week prior t07t) Food and beverage vendors yes no If yes, approximate number -----' no ..4f'p~r(j~ ~40 Health Department approval yes Other vendors yes no-7- Tents lOXI\) tt~<~k-k.W\I-~~ yes no (If yes, tent permits and fire inspections maybe needed) / Will the event include amusement rides yes no (If yes, type and location and copy of liability insurance required) L Will the event be gated yes no (Show on-site map) 2 - - -- -- - ---- -- . . Will there be fireworks or other pyrotechnics yes no/ (If yes, contact Fire Marshall) no/ Will there be cooking with compressed gas yes 7 (If yes, contact Fire Marshall) Will you be providing port-a-Iets for the event yes no (If yes, locate on-site map. If no, indicate how you will handle rest/' needs) Will there be a charge for the event yes no (If yes, indicate ticket prices) / Is reserved parking requested yes no (If . . te locations) lolter/oLf Date Please prmt: , Please enclose the appropriate non-refundable application fee payable to the City of Delray Beach, 100 N.W. 1st Avenue, Delray Beach, Florida 33444. For Staff Use on~ 'D4~ Date Received I Application fee received $ / ~ ~=k> Site map ~ v . Budget Certificate of insurance ~ Hold Harmless agreement .,/ Security plan Waiver alcoholic beverage Railroad approval Coast Guard approval 501 c(3) or (d) certificate or letter Health Department approval Fire Inspector approval Police Department approval Public Works approval Parks and Recreation approval City Commission approval 3 -------- . - -----rrro (U.S. HY. I ( AVE. I 16TH I .~ r 'AVE. , ~ r.. ~ S; \n~ ~ ' .." r. en I S ~~~.~ ~ I PAlM ~~~_ . :::-J ~ > t:'I ~ """' "ld ~ 'v !7:: ~ . !.2 ui ~ E" WAY t:I.l ! CANAL S ~ IA S TAL ~..... I .. aD ~ 2' " -l 8 \lI!;' ~ " ,. ",'''' ~ ~n r ~>~ I /./ACF"ARlANE - ~.~ ~ o;;J ~ DRI Yl;, ....- Z EAST RO 0 1 ~VENE:T1AN DRIVE ro . 0 '\.N \() '\rI ,--...... -. t? \f> r\ ~_' 0 y 'k-: <t.. v ~ 'L L--J t.. \ A 1'>\ ~ <n <h 1.-- _ ~ t. 1t I 0 . 'S~ ~\' ~ 1:.1 IS. I GLEASON PALM ... I ~~. " ...~. . A_~~ (' L~' - '" I: Y.y, en . ctAUNA AVE. . . g ~ 6 l ,.. .. "0 t. .... ( ::f!l . -,. V"D .... . o C if "..,.1 8 C A J A .. .. BIOnSO() . . .. ....,..., ~',.' ~ -. _.- . , ~ ~ ~ - -- . .. .. ~ IJndrews . . l' C,..:e,/II ,ee'l el L- ,,::-::., "::-::,' _-".~J jl ,U ~ ,". " '. ,,1' l' t {~~llr.i',~~(:lr ; (,'_. . l \./i-=~:r-.II .:e FlIFI Howard Alan Events The 16th Annual Delray Art Festival January 22-23, 2005 PROPOSED BUDGET FOR JANUARY 2005 INCOME: Artist Revenue $64,125 Food Vendor Revenue $3,900 Total Revenue $68,025 EXPENSES: Advertising: Boca Raton News Expense $708.50 Palm Beach Post Expense $2,543.57 South Florida Newspaper Expense $715.00 Sun Sentinel Expense $8,274.90 WPEC CHANNEL 12 Expense $7,500.00 Sun Sentinel Chanties Ad Program Expense $2,500.00 Advertising SubTotal $22,241.97 Services : Permit Palm Beach County Health Expense $25.00 Slgnage AA Slqn Lines Expense $942.72 Sanitation Able Sanltatlon-portolets Expense $671.00 Sanitation - 2 30 yd dumpsters Waste Management - dumpster Expense $950.00 Sanitation Pro Fest Expense $2,100.00 Barricades Bob's Barncades Expense $515.00 City of Delray, OIT barncade set up City Of Delray Beach Expense $325.00 Secunty City Of Delray Beach Expense $3,983.00 Rentals Pro Fest Expense $1,400.00 Graphics for advertising Expense Expense $125.00 Payroll Staff Expense $1,200.00 Rental Property Delray JOint Venture Expense $15,000.00 Lodgings and meals, travel Expense $650.00 Media Related Expenses Expense $1,208.00 Two Million Dollar liability Ins policy Expense $425.00 Administrative Overhead telephone, maillngs,etc Expense $1,100.00 Entertainment $3,000.00 Mlsc expense $900.00 Service SubTotal $34,519.72 Total Expenses $56,761.69 Show Profit $11,263.31 10-2Q.04 09:57 From-9543822810 954 382 2810 T-079 P 004/008 F-793 . , r, - ---- - CERT IrlCA TE OF INSURANCE ISSUi tlATE !MfIftlCN'V) 1070762 10/20/04 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY K << K InSurance Group, Inc. AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS 1712 Magnavox Way CERTIFICATE DOE;S NOT AMEND, EXTEND OR ALTER THE P.O. Box 2338 COVERAGE AFFORCED BY THE f'OL.ICIES BELOVV. Fort wayne, In 46801 COMPANIES AFFORDING COVERAGE INSURED COMPANY A HOWARD ALAN EVENTS L"I'D (SEE GAI3001) LElTER GREAT AMERICAN ASSURANCE COMPA 9695 W.BOWARD BLVD. COMPANY B PLANTATION, FL 33324 LETTER COMPANY C LETTER COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF IMSUItANC! LISTED BELOW HAVE BEEN ISSUED TO THE INSURI:D NAMED ABOVE FOR THE POl.ICY PE.RlOD INDICATEP, NOlWlTHSTANDlNG ~Y REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER COCUMENT WITH RESj:'ECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURAIIICE AFFORDED BY THE POLICIES DesCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POl.,ICIES. I.IMITS StfOWIII MAY HAVE BeEN REDUCED SV PAID CLAIMS CO. TIPE OF INSURANCE POuev NUMElER POLICY eFFECTIVE FU.ICY EXPIRATION LTR OATe (IY1MIDDIVY) OATe (t.tWOOIV'I") LIMITS (in UlOUII8l1ds) General Uability 12:01AM 12101AM Gene181 Awf8lllll8 $ NONE A Ii] Commercial General Uability PAC07S8942202 3/05/04 3/0S/05 ~1..ComplClps Acl9res." s 5000 o ClaIms Made LIOccur. P9n;0nBI "AdY8I1i&ing Injury $ 1000 o Owner'G & contractors prot. E8cII OQr;ummoe $ 1000 jg] (""nN~lI.(''J'{lll. T , ....n CIImage (/itlIy on. lire) S 300 Io:IAB : $1MILL MBdicaI Expe_ (An, DII8 penIlIII) $ I; Partlclpanl Legal UablIIIy S NJ'A. Automobile Uability 12 : OlAM ~2:01AM Combined A o Any auto PAC07BB942202 3/05/04 3/05/05 Single $ 1000 Urnil BAll cwned autO$ Bodily SchlldulBCt aLlto. InjUry $ (ner ....raon} ~ Hired autos Bodllr Non.owned autos ~"':.midenl\ $ 8 Glnge Uabillty prap.ty Damllll8 S Excess Liability 12:01AM J.2:0lAM EaGh AggnIgide A ~ STRAIGHT EXC07SS942J02 3/05/04 3/05/05 Occ:urronc. Iil other than Umbrella ronn S 1000 S 1000 Workers' Compenntlon statutory and S Each Accldenl EmplOyers' Liability $ DiBe.~Umlt S Disea8&-EIICh AO&D S PartiaiplUlt Primllry Medical $ AccIdent Excess Medical $ WeeklY IndemnitY $ X DI!SCRlPTION OF OPERATIONSl\.OCAiIONSNf:HICLESlRESTRICTIONS/SPECIAl,. ITEMS 'mE CERTIFICATE ROLDER IS L:ISTED AS ADDITIONAL INSDRED BtTl' ONLY WI'I'H USPECT TO LIABILITY ARISING OUT OF THE ACTIVITIES OR OPBMTIONS OF THE ,AMBD IN?~EO RE:16TH ANNUAL DOWNTOWN nBLRAY BEACH FESTIVAL OF THE ARTS DATE:l 22~1 23 05 CERTIFICATE HOLDER CANCELLATION SHOULO ANY OF THE ABOVE DESCRIBED POLICIES BE DELRAY JOINT VENTURE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE 64 SS: STH AVENUE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS DELRAY BEACH, FL 33483 WRITTEN NOTICE TO THE CERllFICA TE HOLDER NAMED TO ATT.N: MARJORIE FERRER THE LEFT, BUT FAILURE TO MAil SUCH NOTICE SHALL IMPOSe NO OBLIGATION OR LIABILITY OF ANY Klj UPON THE COMPANY, ITS AGENTS OR REP ATIV ~ ..... AUTHORIZED REPRESEtlrATl'/f_ . K~ "VI ~ SL39 / CJ~ 1-92 10-20",04 09:57 From-9543822810 954 382 2810 T-079 P 005/008 F-793 . , \ CERTu-ICA TE OF INSURANCE I ISSUE DAii (I,NtlCNY) . 1070763 lO/20/04 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONL.V K & K Insurance Group, Inc. AND CONFERS NO RICiHTS UPON THE CERTIFICATE HOLDER. THIS ~ 7~2 Magnavox Way CERTIFICATE DOES NOT AMEND. EXTEND OR ALTER THE P.O. Box 2338 COVERAGE AFFORDED BY THE POLICIES BELOW. Fori: Kayne, In 46ao~ COMPANIES AFFORDING COVERAGE INSURED COMPANY A HOWARD ALAN EVENTS LTD (SEE GAIJOO~) LETTER GREAT AMERICAN ASSURANCE COMPA 9695 W.BOWARD BLVD. COMF'ANY B PLANTATION, FL 33324 LETTER COMPANY C LETTER COVERAGES THIS IS TO CERTIFY THAT THE POUCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED AaOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY IItEQUJREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT Wll'H RESPECT TO WHICH THIS ceRTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, exCr.uSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, CO. TIPE OF INSURANCE POl.ICY NUtMER ~~ICY EF'FECTlVE POLIC'fEXPIAATJON LlR TE (MMlDDIYY) ~TE <'-'MODIYY) LIMITS (In thousands) Genere. LlabllJty 12:01AM 12:01AM General AGlJfeDlIte $ NOllm A IX] Commercial General liability PAC07BB942202 3/05/04 3/0S/05 Pmducl:rCompi'Op& Aggnlglllfl $ 5000 o Claims Made 00ccur. Pe'""ClI & Mvertlelng InJlII'f $ 1000 o 0Wne... " c;onll1lclors Prot. EIOh OaaurretlGO $ 1000 ~ C"nNTR~(,Tn~T. Fire OIImsp (Any one fll'8) $ 300 LI:AB:$lMILL r.4ed1ceil1:.lcpe",. (1.,.,., one ...-00) S ~ Pllr1\clpMl \,egaI Uabllltt $ N/14. Automobile Liability 12:01AM 12: 01AM Combined A DAny~uto PAC0799942202 3/05/04 3/05/05 Single $ 1000 Urnlt B AN owned autos 80diry Scheduled autOll Injury S iii HiJ8d lWtoe Bodily Iil Non-owned IUtos Injury $ B GlIllIge Liability Property Damage $ Excess Liability 12:01AM .l2:01AM e.ch AsQregale A IiJ STRAIGHT EXC0788942302 3/05/04 3/05/05 Oc:c4.Irr.nce Iil Other than Umbrella form $ 1000 S 1000 Workers' Compensatiun Statutory and S &aon Aooldeftl Employers' L1abllky S Oiaasll&-Policy limit S Olsene-fach EmDloveo AO&D S ParticIpant Primary Mecleal $ Accident Exoees MedIcal $ Weeldy Inclermlty $ X D~seRIPTION OF OPERATIONSlLOCATIONSNEHICLfSIRESi~ICTIONSlSPJ:crAL ITEMS THE CERTIFICATE HOLDER IS LISTED AS ADDITIONAL INSURED BUT ONLY W~TH RESPECT TO LIA]!:I:LITY AAJ:SING OUT OF THE ACTIVITIES OR OPJmATJ:ONS OF THE ,'~~lN;~ED RE:l6'TH ANNUAL DOWNTOWN DELRAY BEACH FESTIVAL OF THE ARTS DATE;l 22-1 23 OS CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CITY OF DELRAY CANCELLED BEFORE THE EXPIRATION OATE THEREOF, THE 100 NW 1ST AVENUE ISSUING COMPANY WILL ENDEAVOR TO MAIL ~o DAYS DELRAY B.EACH, FL 33444 WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LeFT. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR L.IABIL.ITY OF ANY KIN? UPON THE COMPANV,ITSAGENTS OR REPRESENTATlV5j ...., AUTHORIZED REPm;sr;wrATI~ ~KJ ~ y; J &1.39 /' CJc-=) 1~; HOLD HARMLESS AGREEMENT THIS HOLD HARMLESS AGREEMENT, is entered into this lR- day of l)dn~ , 200':/. by and between the CITY OF DELRA Y BEACH, FLORIDA, a Florida municipal corporation (hereinafter referred to as "CITY") and ~ AtCM 6;~ , (hereinafter referred to as "EVENT SPONSOR"). WIT N E SSE T H: WHEREAS, EVENT SPONSOR seeks to hold a special event known as ~~~.P~Nh ---b.WU .;)~+.;)3; ~- /~~ ~ \ . . . to be held on (hereinafter referred to as the "Event"); and WHEREAS, the Event will be held within the City limits of Delray Beach; and WHEREAS, the City Commission has determined that such an Event promotes the public's health, safety and welfare. NOW, THEREFORE, for the mutual covenants and matters set forth herein, as of the date set forth above, the parties hereby agree as follows: 1. The recitations set forth above are incorporated herein. 2. Indemnification. EVENT SPONSOR, for good and valuable consideration, agrees to defend, indemnify, and hold harmless the CITY, its agents, officers, employees and servants from any and all suits, causes of action or any claim whatsoever made, and damages, which may result from any activity conducted by EVENT SPONSOR, its agents, employees, assigns or contractors, in relation to the Event. \'.Jt=.O E.G~' ~ 1.\\\\~ \)t'\ 1 '2. ~ C\;f(;.~. C\\i 3. Insurance. EVENT SPONSOR shall obtain insurance covering the Event in the amounts and of the types specified in Exhibit "A" attached hereto which is incorporated herein as if fully set forth. 4. Governin2: laws: venue. This agreement shall be governed by the laws of the State of Florida. Any proceeding initiated to enforce the provisions of this agreement shall be brought in the State or Federal courts located in Palm Beach County, Florida. 5. Bindin2: Effect. All of the terms and provisions of this Agreement shall be binding upon, inure to the benefit of, and be enforceable by, the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns. 6. Entire A2:reement. This Agreement shall constitute the entire agreement of the parties with respect to the subject matter of it. All prior understandings and agreements between the parties with respect to such matters are merged into this Agreement, which alone fully and completely expresses their understanding. 7. Amendments. This Agreement may not be amended, modified, altered, or changed in any respect, except by a further agreement in writing dilly executed by each of the parties hereto. 8. Third Parties. Nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Agreement upon any person other than the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns, nor is anything in this Agreement intended to relieve or discharge the obligation or liability of any third persons to any party to this Agreement, nor shall any provision thereof give any third person any right of subrogation or action over or against any party to this Agreement. 2 . IN WITNESS WHEREOF, the parties hereto have entered into this agreement the day and year first written above. ATTEST: ~~\\,~\~ By: City Clerk Approved as to Form: - By:~~ Aof,. City Attorney WITNESSES: (print or type name) (print or type name) (SEAL) STATE OF FLORIDA ~ COUNTY OF~ The foregoing before me this ~daY of c)~)bu- , 20 (name of officer or agent, title of officer or agent) of acknowledging), a of the corporation. r an oath. ... .,,'tit.~""",~ MARK R. KIN t.T;i::r: MY COMMISSION It DO 266028 ~" if EXPIRES: November 11, 2007 -'-~i!f.:&.' IlonllelJ Thru Nocary Public UndorwrtelS 3 . Initials EXHIBIT A INSURANCE REQUIREMENTS OF THE CITY OF DELRA Y BEACH EVENT SPONSOR shall not commence operations under the terms of this Agreement until certification or proof of insurance, detailing terms and provisions of coverage, has been received and approved by the City of Delray Beach Risk Manager. If you have any questions call (561) 243-7150. The following insurance coverage shall be required. A. Worker's Compensation Insurance, as required by law, covering all employees and providing benefits as set forth in Chapter 440, Florida Statutes and including Employers Liability coverage, regardless of the size of your firm. EVENT SPONSOR further agrees to be responsible for employment, control and conduct of its employees and for any injury sustained by such employees in the course and scope of their employment. ~ .... . \ \ -'.. \. . B. Comprehensive commercial general liability insurance to include coverage for premises and operations, independent contractors, broad form contractual liability, personal injury, and if items are sold, products and/or liquor liability, in connection with the con1rn;ctual, relationship and activities being done under this agreement. The policy will be endorsed to include the City of Delray Beach and it's designees named as additional insureds. The insurance will be written on an occurrence basis With the limits of liability - " . not less than $1,000,000.00 combined single limit per occurrence, and as an annual aggregate, coveIjp& bodUy.injury, property damage and personal injury. . . '~l .. :, C. Motor Vehicle Liability I~~ce covering all vehicles associated with the Licensee's operations to include all owned, non-owned and hired vehicles. . . ~. .l.._.; The coverage will be. .vm.tten on an occurrence basis with limits of liability not less than $1,000,000.00 combined single limit per each occurrence. ..' ! , ;...~.:... :..: D. The certification ~r pro()f qf ~~ce must contain a provision for notification to the City thirty (30) days in advance of any material change in coverage, non- renewal or cancellation. . '. , EVENT SPONSOR shall furnish :tq- .the .City, Certificate(s) of Insurance evidencing insurance required by the provisions set-forth above, days prior to the holding of the event. If so requested by.fu.e Cinr, certified copies of insurance policies will be provided by EVENT SPONSOR. ......,,'. - If any of the above coverages: expi~~ during the term of this agreement, EVENT SPONSOR will provide a renewal certif1~ate at least ten (10) days prior to expiration. Mail to: City of Delray Beach, Attn. Ri~k Manager, 100 N.W. 1st Avenue, Delray Beach, Florida 33444 with a copy to Assistant Cit~ ~an~g~r? 100 N.W. 1st Avenue, Delray Beach, Florida 33444 Insurance prov Sp Event FORM.agt . -. .. '- I' '.i .' . . tA . V1 MYDELRAYBEACH. COM City of Del NY Beach Administrative Services Memorandum TO: David T. Harden, City Manager FROM: ~Robert A. Barcinski, Assistant Cit SUBJECT: AGENDA ITEM CITY COMMISSION MEETING - DECEMBER 6. 2004 - SPECIAL EVENT APPROVAL - 8TH ANNUAL DELRAY BEACH WINTER STREET CRAFT FESTIVAL DATE: November 30, 2004 ACTION City Commission is requested to endorse the 8th Annual Delray Beach Winter Street Craft Festival to be held on February 26th and 27th from 10:00 a.m. - 5:00 p.m., to grant a temporary use permit per LDR Section 2.3.6. (H) for the use of NE/SE 4th Avenue, one block north/south of Atlantic Avenue as well as the north end of Hand's parking lot for vendor parking, and to authorize staff support for security and traffic control and to permit an event sign be erected on Atlantic Avenue just east of I-95, one week prior to the event. BACKGROUND Attached is letter and permit application received from Howard Alan Events, Ltd. for this event. The City is requested to provide police security and traffic control for this event. The event sponsor will provide vendor management and set up, site clean up, barricades, and port-o-Iets. Estimated overtime costs for the event are $2,120. Also attached are a budget, site plan and certificate of insurance and a hold harmless agreement. Per event policies and procedures, the event sponsor is responsible for payment of all City costs. ~I ---------~ RECOMMENDATION Staff recommends endorsement of the event, approval of the temporary use permit for the street closure and parking lot use, and approval of staff support for police security and traffic control with the sponsor paying all overtime costs. RAB:ibg Attachments FIle Barcmskl/Agenda Item CIty CommIssIon Meetmg - Wmter Street Craft Festlval- Memo ------- RECE!VEL October 18, 2004 f". y 2 2004 r '--"_""-.J I' Mr. Robert Barcinski CITY MANAG'ER Assistant City Manager City of Delray 100 NW 1st Avenue Delray Beach, FL 33444 Dear Mr. Barcinski: 110\\ ani \Iall E, .'lIt". Ltel. We are planning for the 8th Annual Downtown Delray Craft Festival, to be held February 26 & 27, 2005 on NE and SE 4th Avenue from NE 1st Street to SE 1st Street. Atlantic Avenue and bypasses will remain open Please be advised that the following logistics for the 8th Annual Downtown Delray Craft Festival will be arranged: Street Closure: Bob's Barricades will drop off barricades on Friday, February 25, 2005, and our employees will set them up early Saturday morning as follows' Police: Lt. Geoffrey Williams at the Delray Police Department will arrange for Police and Security from 10:00 am - 5:00 pm on Saturday and Sunday and overnight security officers on Saturday from 6:00 pm - 6:00 am Port-Q-Lets: 3 regular and 1 handicap port-o-Iets will be ordered through Able Sanitation and will be dropped off on Friday, February 25, 2005 and Will be picked up on Monday, February 28, 2005, with servicing on Sunday, February 27,2005 They will be placed next to the Library, Dumpster A 20-yard roll-off dumpster is ordered from Waste Management and will be placed next to the portolets as noted above. It will be dropped off on Friday and picked up on Monday as well. Trash Receptacles: Trash receptacles will be supplied and maintained by our professional clean-up crew, Profest (Mitch) They will handle clean up of the trash throughout the area each day Vendor Parking: Parking will be at Hand's parking lot. (North side next to NE 1st Street) Insurance: City required certificates will be Issued. Thank you again for your assistance on yet another one of our events, Let me know if you have any questions I trust after all this time we have it done completely. Please feel free to call me with any questions 954-472-3755 ext 10. a Operations Director 9695 W. BROWARD BLVD. . PLANTATION. FLORIDA 33324 (954) 472-3755 . FAX (954) 472-3891 www.artfestival.com City of Delray Beach DElRAY BEACH . l Q lID A b*d Special Event Permit A11.Amerlca City Application , , II J~ PLEASE PRINT 1bb~ Event NamelTille: '34b r::w..",=.Q. b<twl\~ be \"-"'Y &>reI. Crtttf ~-hva.1 Event Date(S):----Ie.bru.U.-V"'1 d&; 'f 027 l (;)ro~ Event Time(s): --10 AVVl - 5 'Pm DA- ILl Event Sponsor/Producer: ::::l::hL J6 rtfl- ~nk.e - ~c 0rer Event Contact/Coordinator: +t6 /.01.rc\ ~\Cuf) f5 \/e.nfs Name: -I-IOllJo..r.& ~ (),- ~ Gt,~z Address: q(, q~ IA J - ~ E b j;111'1 ,Pt- 333& i...f Telephone Number: q ~~;; - 37~cellul~Iber: '1Sl/ - {,t.-l- ,fj- 3d!" E-mail Address: J~ CJvL-f . 'val. ~1"Y1 Event Description/Purpose: ()U +d em r r2ra/l- fe s-A uaf Sponsor Category (please check) City 0 Non-Profit/Charitable 0 Private / Co-Sponsor - Non-Profit/Private 0 (/f Non-profit attach proof of 501c(3) or (d)) Event Location (Describe area boundaries of event/location): EjzUf ~~v~ 6A Sb + tJ6 ~ 4~ - .sf" -Uj ib SF I SJ::- S-h-~ a. l4Ie ~ pas <; . . ~ Lt dl yeJvtcu n ~ Site plan attached yes \/ '" no (Site plan required for entire event site) 7 Event budget attached yes no (Required for all events) n02 Serving or selling alcoholic beverages yes (If yes, copy of license and a/coho/liability insurance required two (2) weeks prior to event) 1 Event certificate of insurance attached yes / no . (Required two (2) weeks prior to event naming the City as additional insured, also required for vendors) / Playing of amplified music yes no (Waiver required) / Requesting Police assistance yes no (traffic control/security) / Will supplement with private security yes no (If yes, need plan attached) no/ Requesting Emergency Medical assistance yes ~ / Requesting barricade assistance yes no / Requesting trash removal/clean up assistance yes no Requesting trash boxes and liners yes no~ Requesting stage use yes no (If yes, check type) Large stage covered 0 Large stage no cover 0 Small stage 0 Half small stage 0 Requesting signage / yes. np Type: Event sign Directional signs V \".€{{~ aM \se, ~~ce.mm{ Banner hanging Indicate dates required en (Waiver required if more than one (1) week prior to event) Food and beverage vendors yes -/ no If yes, approximate number S ~~.~~ Health Department approval yes no . ~~~. Other vendors yes noV Tents \0)(\0 ~lUM.L ye.~Jan+ ~It"< yes no V (If yes, tent permits and fire inspections maybe needed) Will the event include amusement rides yes no / (If yes, type and location and copy of liability insurance required) / Will the event be gated yes no (Show on-site map) 2 . Will there be fireworks or other pyrotechnics yes no V . (If yes, contact Fire Marshall) no/ Will there be cooking with compressed gas yes (If yes, contact Fire Marshall) / Will you be providing port-a-Iets for the event yes no (If yes, locate on-site map. If no, indicate how you will handle restroom needs) / Will there be a charge for the event yes no (If yes, indicate ticket prices) / Is reserved parking requested yes no (If yes, indicate locations) 10 tg !o '-/ Date Please enclose the appropriate non-refundable application fee payable to the City of Delray Beach, 100 N.W. 1st Avenue, Delray Beach, Florida 33444. For Staff Use ~~r:2ll ~ c::lJ!; Application fee received $ ~ Date Received {) Site map / ~ 3d'/cuJ Budget /" Certificate of insurance .- ~ Hold Harmless agreement ,/" Security plan Waiver alcoholic beverage Railroad approval Coast Guard approval 501 c(3) or (d) certificate or letter Health Department approval Fire Inspector approval Police Department approval Public Works approval Parks and Recreation approval City Commission approval 3 JJ't doNb ~. N ~~ I cS t ^-J e. ,~-r c:n-. - ~ PASSr ,,~) '3~ c<t ~f:: ~ 1U < -A~ ) Jr" . ~ ~ \l\ "> .s-"C. ~ 3\\\ S ~\I\ :t '1 ~~ Igor c;.T. ~"i PA~S (~) )c~ -=~ , c::;~ 2 AlE> $r . . . American Craft Endeavors 8th Annual Downtown Delray Craft Festival February 26 & 27,2005 PROPOSED BUDGET FOR FEBRUARY 2005 Income Number of Crafters 110 Crafter Revenue $16,500 Number of Food Vendors 3 Food Vendor Revenue $1,049.40 Total Revenue $17,549.40 EXPENSES Advertising : Boca Raton News Expense $708.50 Palm Beach Post Expense $1,551.12 South Flonda Newspaper Expense $325.00 Sun Sentinel Expense $1,544.80 Advertising SubTotal $4,129.42 Services : Perm it Palm Beach County Health Expense $25.00 Slgnage AA Sign Lines Expense $600.00 Sanitation Anderson Rentals Expense $503.50 Sanitation BFI Expense $746.36 Sanitation Pro Fest Expense $370.00 Barncades Bob's Barricades Expense $212.00 Security City Of Delray Beach Expense $1,059.08 Rentals Pro Fest Expense $114.70 Graphics for advertising Expense Expense $75.00 Payroll Helayne Stillings & Staff Expense $1,677 .80 Rental Property Delray JOint Venture Expense $2,000.00 Lodgings and meals, travel Expense $400.00 One Million Dollar liability inS policy Expense $425.00 Administrative Overhead telephone, malllngs,etc Expense $1,100.00 Service SubTotal $9,308.44 Total Expenses $13,437.86 Show Profit $4,111.54 RECEIVED NOV 0 , ?nO' Mu--....._ .I.~" CITY MANAGER MEMORANDUM TO: Robert A Barcinsla Assistant City Manager THROUG~ Trm Sunmons Superintendent, Parks Mamtenance ~ROM, Senovam P. Stephens Assistant Supenntendent, Parks Maintenance DATE' October 29, 2004 SUBJECT- Cost Estimate: 8th Annual Downtown Delrav Craft Festival February 26-27th, 2005 Regular Time: $0.00 TOTAL: $0.00 Cc: Joe Weldon Director of Parks and Recreation G DELRA Y BEACH POLICE , . SPECIAL OPERATIONS SECTION .. .- SPECIAL EVENT REPORT FOR1VI TO: Robert A. Barcinski Assistant City Manager FROM: Lieutenant Geoff Williams Special Operations Section DATE: October 25, 2004 COST ESTIMATE: HOWARD ALAN- 8TH ANNUAL DOWNTOWN DELRA Y CRAFT FESTIVAL (February 26-27, 2005) I. Labor a) Overtime (Police Supervisor) X hours x $XX.xX average hourly rate x .0765 benefit multiplier b) Overtime (Police Officers) $2209.45 52 hours x $39.47 detail rate x .0765 benefit multiplier c) Overtime (Community Service Officers) Total hours x $XX.xX average hourly rate x .0765 benefit multiplier X e) Total Estimated Cost $2209.45 Total Total Total Total Ree:ular Hours Overtime Hours Other Hours Volunteer Hours x 52 x x cc: Major McCollom Captain Davis Captain Hartmann Captain Musco Captain Gillard C \GWllhams\HowardAllenEvents\2004\7th Annual Downtown Delray Craft Festlval\CostEst doc ------ SPECIAL EVENT REPORT FORM TO: James Schmitz, Interim Director Public Works THROUGH: Harold Bellinger, Superintendent Street and Traffic FROM: Orlando Serrano, Traffic Supervisor DATE: October 22, 2004 SUBJECT: Howard Alan (estimate) Date of Event February 26 - 27, 2005 I. Labor / Traffic Regular Time 2 hrs x $14.79 ave. wage = $29.58 x.15 benefit multiplier = $34.02 Overtime o hrs, x $22.18 ave. wage = $0 x .15 benefit multiplier = $0 Labor / Streets Regular Time o hours. Overtime o hrs, x $22.18 ave. wage = $0 x .15 benefit multiplier = $0 Labor / Building Regular Time o hrs. Overtime o hrs. x $0 ave, wage = $0 x .15 benefit multiplier @ $0 = $0 Total Total Total Total Regular Hours Overtime Hours Other Hours Volunteer Hours 2 0 II. Equipment / Facilitv Use ( list each piece of equipment or facilities used and the rate to be charged if we were to charge for use). Billable Items ( list items and tools billable per City Commission action ). 0- Type II barricades @ .55 x 1 day =$N/A 0- Type III barricades @ $2.20ea, x Iday =$N/A 0- Arrow Board @ $44,00 ea x 1 day =$N/A Bob's Barricades rental- Type II barricades 100 @ lump sum x 1 day $N/A Bob's Barricades rental- Type III barricades o @ $2.20 ea. x 1 day $N/A Bob's Barricades rental- Arrow Board 2 @ lump sum x 1 day $N/A ------ -- -- -- --------- - - ~~-- AMB CERTIFICATE OF INSURANCE ISSUE DATE (MMlDDIYY) 1070761 10/20/04 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY K & K Insurance Group, InCe AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS 1712 Magnavox Way CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE P.O. Box 2338 COVERAGE AFFORDED BY THE POLICIES BELOW Fort Wayne, In 46801 COMPANIES AFFORDING COVERAGE INSURED COMPANY A LETTER GREAT AMERICAN ASSURANCE COMPA HOWARD ALAN EVENTS LTD (SEE GAI3001) 9695 W.BOWARD BLVD. COMPANY B PLANTATION, FL 33324 LETTER COMPANY C LETTER COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY , ?ERiOC '~JCICATED, ~JOT.rJ:TriS7.A.NDii~:'; ,A!~Y' RECJiREi'.~ENT, 7[:Rr",j ~P.. CQND:~I-JON CF ANY C(ji~TRAC7 OR OTnER DOCUMENT V'JITH RESPE~'j 7C 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 CO TYPE OF INSURANCE POLICY EFFECTIVE POLICY EXPIRATION LTR POLICY NUMBER pATE (MMlDDIYY) DATE (lvMlDDNY) LIMITS (in thousands) General Liability 12:01AM 12:01AM General Aggregate $ NONE A IX] Commercial General Liability PAC0788942202 3/05/04 3/05/05 Producls-Comp/Ops Aggregate $ 5000 o Claims Made IiU Occur Personal & AdvertiSing InjUry $ 1000 DOwner's & contractors Prot Each Occurrence $ 1000 ~ (,,()N'T'"R~(,,'T'TT~T, Fire Damage (Anyone fire) $ 300 LIAB:$lMILL Medical Expense (Anyone person) $ t:; Participant Legal Liability $ N/A Automobile Liability 12: o lAM 12:01AM Combined A o Any auto PAC0788942202 3/05/04 3/05/05 Single $ 1000 Llmrt 8 All owned autos Bodily Scheduled autos Injury $ (oer nerson \ IX] Hired autos Bodily Iil Non-owned autos InjUry $ (ner accldent\ o Garage Liability Properly 0 Damage $ Excess Liability 12:01AM 12:01AM Each Aggregate A Iil STRAIGHT EXC0788942302 3/05/04 3/05/05 Occurrence Ii] Other than Umbrella form $ 1000 $ 1000 Workers' Compensation Statutory and I , .. Each o.x.rlent -, Employers' Liability $ Disease-Policy Limit $ Disease-Each Employee AD&D $ Participant Pnmary Medical $ Accident Excess Medical $ Weekly Indemnity $ X DESCRIPTION OF OPERA TIONS/LOCA TIONSNEHICLESIRESTRICTIONS/SPECIAL ITEMS THE CERTIFICATE HOLDER IS LISTED AS ADDITIONAL INSURED BUT ONLY WITH RESPECT TO LIABILITY ARISING OUT OF THE ACTIVITIES OR OPERATIONS OF THE NAMED INSURED RE:8TH ANNUAL DOWNTOWN DELRAY BEACH CRAFT FESTIVAL DATE: 2/26-2/27/05 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE DELRAY JOINT VENTURE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE 64 SE 5TH AVENUE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS DELRAY BEACH, FL 33483 WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO ATTN: MARJORIE FERRER THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY Kll UPON THE COMPANY, ITS AGENTS OR REPRESENTATlV~ /'l AUTHORIZED REPRESENTATI1. ( ~ 0 VI .-.r.~ I SL39 / de-- ~ 1-92 / . HOLD HARMLESS AGREEMENT THIS HOLD HARMLESS AGREEMENT, is entered into this 11- day of (bckD\oe.r , 200!/by and between the CITY OF DEL RAY BEACH, FLORIDA, a Florida municipal corporation (hereinafter referred to as "CITY") and ~~ MtJta.uOlS/ f../~-Alt1.t1 tVll\.k (hereinafter referred to as "EVENT I SPONSOR"). WITNES SETH: WHEREAS, EVENT SPONSOR seeks to hold a special event known as to be held on Je ~ V'wa..r(j :J~ "" d7 I ~ WHEREAS, the Event will be held within the City limits of Delray Beach; and WHEREAS, the City Commission has determined that such an Event promotes the public's health, safety and welfare. NOW, THEREFORE, for the mutual covenants and matters set forth herein, as of the date set forth above, the parties hereby agree as follows: 1. The recitations set forth above are incorporated herein. 2. Indemnification. EVENT SPONSOR, for good and valuable consideration, agrees to defend, indemnify, and hold harmless the CITY, its agents, officers, employees and servants from any and all suits, causes of action or any claim whatsoever made, and damages, which may result from any activity conducted by EVENT SPONSOR, its agents, employees, assigns or contractors, in relation to the Event. '" .,r~-'; - --- ; . -t...... ~ . ,- S.:.. -' '" I" 1.\\\\" \)(\ l. 1- ?~ .-\ ~ . v" cS" .{ " 3. Insurance. EVENT SPONSOR shall obtain insurance covering the Event in the amounts and of the types specified in Exhibit "A" attached hereto which is incorporated herein as if fully set forth. 4. Governine: laws: venue. This agreement shall be governed by the laws of the State of Florida. Any proceeding initiated to enforce the provisions of this agreement shall be brought in the State or Federal courts located in Palm Beach County, Florida. 5. Bindine: Effect. All of the terms and provisions of this Agreement shall be binding upon, inure to the benefit of, and be enforceable by, the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns. 6. Entire Ae:reement. This Agreement shall constitute the entire agreement of the partIes with respect to the subject matter of it. All prior understandings and agreements between the parties with respect to such matters are merged into this Agreement, which alone fully and completely expresses their understanding. 7. Amendments. This Agreement may not be amended, modified, altered, or changed in any respect, except by a further agreement in writing duly executed by each of the parties hereto. 8. Third Parties. Nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Agreement upon any person other than the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns, nor is anything in this Agreement intended to relieve or discharge the obligation or liability of any third persons to any party to this Agreement, nor shall any provision thereof give any third person any right of subrogation or action over or against any party to this Agreement. 2 '.. 0 IN WITNESS WHEREOF, the parties hereto have entered into this agreement the day and year first written above. A'ITEST: CITY OF DELRA Y BEACH, FLORIDA, a Florida municipal rp ation ~\\.~ By: City Clerk Approved as to Form: . By:~~ ~. City Attorney WITNESSES: (print or type name) (print or type name) (SEAL) STATE OF FLORIDA COUNTY OF ~~J The foregoing ins~ent was acknowledged before me this I ~ day of OcAr~ , 200~ by IN.. J~ fJl.tlh (name of officer or agent, title of officer or agent) of J-I{~ A-bn EvUlts (name of corporation acknowledging), a +=tCVlJu.. (state or lace of' corporation) corporation, on behalf of the corporation. He/She IS ersonall kno to me or has produced (type of identification) as identification and did (did not) take an oath. ~~~~~~ MARKR.~NN ~,g MY ""","SSION. 00 ""'" ignature of Notary Pub 1 - ~~ '~i EXPIRES November 11, 2007 State of Florida ,w,.:' Bonded ThIU NOIary Pubbc Undetwnters 3 Initials - EXHIBIT A INSURANCE REQUIREMENTS OF THE CITY OF DELRA Y BEACH EVENT SPONSOR shall not commence operations under the terms of this Agreement until certification or proof of insurance, detailing terms and provisions of coverage, has been received and approved by the City of Delray Beach Risk Manager. If you have any questions call (561) 243-7150. The following insurance coverage shall be required. A. Worker's Compensation Insurance, as required by law, covering all employees and providing benefits as set forth in Chapter 440, Florida Statutes and including Employers Liability coverage, regardless of the size of your firm. EVENT SPONSOR further agrees to be responsible for employment, control and conduct of its employees and for any injury sustained by such employees in the course and scope of their employment. ... - '. - '\ B. Comprehensive commercial general liability insurance to include coverage for premises and operations, independent contractors, broad form contractual liability, personal injury, and if items are sold, products and/or liquor liability, in connection with the contractua~ relationship and activities being done under this agreement. The policy will be endorsed to include the City of Delray Beach and it's designees named as additional insureds. The insurance will be written ~m. an occurrence basis with the limits of liability not less than $1,000,000.00 combined single limit per occurrence, and as an annual aggregate, coverjpgJ>odity injury, property damage and personal injury. . .' \_ i ~ I C. Motor Vehicle Liability Ins~ance covering all vehicles associated with the Licensee's operations to include a\l owned, non-owned and hired vehicles. ,'.. 0'. of The coverage will be .written on an occurrence basis with limits of liability not less than $1,OOO,OOO.O~.~m~ined single limit per each occurrence. , " ,:.:,... D. The certification ~r proof ofi~~ce must contain a provision for notification to the City thirty (30) days in advance of any material change in coverage, non- renewal or cancellation. EVENT SPONSOR shall furni;h :tQ ,tlie City, Certificate(s) of Insurance evidencing insurance required by the provisions se( forth above, days prior to the holding of the event. If so requested by th.e CHy, certified copies of insurance policies will be provided by EVENT SPONSOR. ~, If any of the above coverages ~xpi~e during the term of this agreement, EVENT SPONSOR will provide a renewal certiij~ate at least ten (10) days prior to expiration. Mail to: City of Delray Beach, Attn. Risk Manager, 100 N.W. 1st Avenue, Delray Beach, Florida 33444 with a copy to Assistant City lV!an~g~r~ 100 N.W. 1st Avenue, Delray Beach, Florida 33444 Insurance prov Sp Event FORM agt ..' . . ,t'I" .' -~ --~--- MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER [iJ1I1\ SUBJECT: AGENDA ITEM # %:!" - REGULAR MEETING OF DECEMBER 6. 2004 REJECTION OF BIDS/PALM TRAIL NEIGHBORHOOD WATER MAIN IMPROVEMENTS PROJECT DATE: DECEMBER 3, 2004 This is before City Commission for authorization to reject all bids received for the 2003-011 Palm Trail Neighborhood Water Main Improvements Phase 1 Project and authorize staff to re-bid in October, 2006. Sufficient funding is not currendy available for this project. Recommend approval of the request to reject all bids received for the Palm Trail Neighborhood Water Main Improvements Project and authorize staff to re-bid this contract in October, 2006. S\City Clerk\agenda memos\ReJection of Bids, Palm Trml Water Mam.12,06.04 ----- City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: David T. Harden, City Manager FROM: William A. Grieve, P.E., Assistant City Engineer ~ DATE: December 1,2004 SUBJECT: Palm Trail Neighborhood Water Main Improvements Phase 1 Commission Agenda Item Project # 2003-011 The attached agenda request is for Commission approval to reject all bids for the above referenced project. _ Sufficient funding IS not currently available for this project until October 2006, Staff recommends rejecting all bids at this time and re-bidding In October 2006, This project will be re-bid in October 2006, which would allow for construction to begin in the fall 2006, The attached map shows the project locations and the complete bid tabulation for this project. Please place this item on the December 6, 2004 Commission Agenda. enc cc: Richard Hasko, P.E., Director of Env. Svcs Joseph Safford, Finance Director file S:\EngAdmm\Projeets\2003\2003-011 IOFFICIAL \Dee 6 2004 agendamemo.doe ------ ~ lie> HEI'TH:::~ LANE ~~- -- __ I~t--_ ;. I ' Z( '~' ~-; I ' , I --<t' ' " ' , I __, :;,!\ _~_ , I Lw N,E 14TH ,I -.-\t:F \.' z i . :;:l' ) N E 14TH ST ' i , ] ~," .,..... ,HIGHc.AND LN Ii! ' LAKE AVENUE 5 -- ' 'i I I' : ! i ' , I LJ ' I . " , I Z ' N E i ,1 -D- i ' t. I I I I I ~- I I 1 . ... I I i i I J 1 : I I,i Ii il I, D ' 'I' "II' '. ---- - I.' I I -- N E 12TH 5T ' -- i I I I I ~ i ~ i ! ,: ~ : I , ! ;- D BOND WAY ,.1 ';i." I. I I .- .' : I - ~~-....--! I I I ----i- -- :.':: t 'I I I 1 1 I I w ; i ~ ; I . i Ii' ~ . ~ NE 11TH " ,!' ! I I !' i : il I I I ,-J "-'---~i ' I : I ...-J-=:.:.., _ '----- , , I I' I I I N E 10TH Me ; Ii. :c I : i I; I ~ ~ J___L~---L-. _1_ _n a> i -- -- ------ i I I I:! -- --- - N.E 9TH ST ---- -- - I - - -- - - : I i __~.__ _--- -- u_ I I _ __ l W Ii: ; z I ! ---- $: G':':;. 1 ULEVA'O > I I' . <( N E 7TH ST -i ,~' ~ y. __~ntt+T'~~-=- ~ I ' I I i I I ' N E 6TH 5T ~'" I 0 0 I : <." ...... ", . Z Z W ,I 'CJ", " /', :::> :::> z __----.J ~ ,-', ',,", '. 0 0 . ~" . ", ^. " [D [D L_ : v.. 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I1l c: 0 (I) (f) :5 '0 '0 ~ ~ (3 a::: <( () ..- <( lo a.. 00 00 00 00 ..- (0 u: N u: (f) U5 0 a::: <( :; c: ::::2!: ci 0 ..- N C') "<t LO co I'- co 0> 0 ..- N C') ~ LO co I'- W ..- N C') "<t LO co I'- co 0> !::: z ..- ..- ..- ..- ..- ..- ..- ..- ..- ..- N N N N N N N N ~ 0 ~ ~ ..... i 'C a. Date: December 1. 2004 AGENDA ITEM NUMBER: ~- G o:-v . '- -. - ""~-~~ .~. AGENDA REQUEST Request to be placed on: --X- Consent Agenda _Regular Agenda _Workshop Agenda _Special Agenda When: December 6. 2004 Description of Agenda Item (who, what, where, how much): The attached agenda request is for Commission approval to reject all bids for the above referenced project. Sufficient funding is not currently available for this project until October 2006. Staff recommends rejecting all bids at this time and re-bidding in October 2006. This project will be re-bid in October 2006, which would allow for construction to begin in the fall 2006. Staff Recommendation: ~roVal M: "1..--1 ~ o~ Department Head Signature: - -- : - .{;J - - City Attorney ReviewlRecommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes I No Initials: N/A Account Number N/A Description See above Account Balance: N/A Funding Alternatives: (if applicable) City Manager Review: Approved for Agenda: @ I No Initials: fJ11 Hold Until: Agenda Coordinator Review: Received: s: \EngAdmm \Projects \2003\2003-011 \OFFI CIAL \Dec 6 2004 agenda. doc - MEMORANDUM TO: MAYOR AND CI1Y COMMISSIONERS FROM: CI1Y MANAGER fJI;J SUBJECT: AGENDA ITEM # \C - REGULAR MEETING OF DECEMBER 6 2004 REJECTION OF BIDS/FIRE APPARATUS MAINTENANCE BUILDING PROJECT DATE: DECEMBER 3, 2004 1bis is before City Commission for authorization to reject all bids received for the 2002-022 Fire Apparatus Maintenance Building Project and authorize staff to re-bid in January, 2005. Sufficient funding is not currently available for this project. The architect and staff have performed value engineering to reduce the scope of the work. Revised plans incorporating these modifications will be complete by the end of December with the project ready for re-bid in January, 2005. Recommend approval of the request to reject all bids received for the 2002-022 Fire Apparatus Maintenance Buildmg Project and authorize staff to re-bid in January, 2005. S\Clty Clerk\agenda memos\ReJectton of BIds. FIre Apparatus Mamt. Bldg 12.06 04 City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M www mydelraybeach com TO: David Harden, City Manager FROM: Victor Majten~struction Manager SUBJECT: FIRE APPARATUS MAINTENANCE BUILDING (PIN 2002-022) Commission Agenda Item, Rejection of Bids DATE: NOVEMBER 29,2004 The attached agenda request is for City CommiSSion approval to reject all bids for the above referenced project due to insufficient funding. On Wednesday, October 27, 2004, the City opened bids for this project. There were only four bids received, the lowest at $499,510,00 from Overholt Construction Corporation. A copy of the bid tabulation is attached for your review. Subsequently, value engineering has been performed by city staff and the architect to reduce the scope of work Revised plans incorporating these modifications will be complete by the end of December With the project ready for re-bid in January 2005. Staff recommends rejecting all bids at this time and re-bidding in January 2005, cc: Richard Hasko; Director of ESD Randal Krejcsrek; City Engineer Rafael Ballestero; Dep, Dir of Construction Kerry Koen, Fire Chief Carolanne Kucmerowski; City Clerk's Office Agenda File, 12/06/04 File 2002-022(A) S,\EngAdmm\ProJects\2002\2002-022\CONSTRClIagda memo Overholt 12,0604 doc -- 8 ~ w g 8 --g a a a 0 ~ U c:i a c:i a a a 0 0:: a a a c:i a c:i ci .!! 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Ci ~ c: z i5 C> c: 0 c: C> c: 1Il :; ::i:~ .c c: ,g III 3= lD .0 32 ~ C> .2 ~ w- :J ':; c: <( c: 1-0::: ... lD 0 .~ 0 c:.!!! -() <.? Iii 1Il ij' ., 1Il )( en ~ 'E G.l ... 1Il Q c:.c 0::: 0 c: 0 G.l <II W C> 'cu G.l l;:: iii "E~ 0 .- ..- C> 'c c: ::i: (ij .- 9 .;:: ':; c: E w 1Il c: 1Il 3= .c lD ~ ~ ::i:1! G.l 0. I G.l C3 G.l III III 0 "0 1Il- Z <( <( 0 c: m :J ~ -9 ~O ~N .... N C') 'V LO <D lIlN I-Z 0.9 Q.N <(8 G.lS::l ... U:C;; - ------ -- - -- - - Agenda Item NO,:~ AGENDA REQUEST DATE: November 29,2004 Request to be placed on: ----X- Regular Agenda _ Special Agenda _ Workshop Agenda When: December 6, 2004 Description of item (who, what, where, how much): Approve the rejection of all bids on the Fire Apparatus Maintenance Building project due to insufficient funding, PIN 2002-022 Value engineering has been performed by city staff and the architect to reduce the scope of work. Revised plans incorporating these modifications will be complete by the end of December with the project ready for re-bid In January 2005. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Approve the rejection of all bids on the Fire Apparatus Maintenance Building project, PIN 2002-022, DepartmentHead ~ ~ Signature' . 11.1.... Y . 0'-1' Determination of Consistency with Comprehensive Plan' City Attorney Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding available YES/NO Funding alternatives (if applicable) Account No, & Description ~~ :~~~~ ^'~)r Account Balance Se.5. dbuvc City Manager Review. ,,t;J., Approved for agenda, ~NO ~ Hold Until: {/ . ( Agenda Coordinator Review: Received: Placed on Agenda: Action: ApprovedlDisapproved file 2002-022(A) S \EngAdmm\ProJects\2002\2002-022\CONSTRCT\agnd req Overholt 120604 doc MEMORANDUM TO: MAYOR AND CI1Y COMMISSIONERS FROM: CITY MANAGER t1l~ SUBJECT: AGENDA ITEM # .'~ - REGULAR MEETING OF DECEMBER 6.2004 CONTRACT ADDITION /INTEGRITY WELL AND PUMP COMPANY DATE: DECEMBER 3, 2004 This is before City Commission to approve a Contract Addition (Change Order No.1) in the amount of $45,000.00 to Integrity Well and Pump Company for additional services required by the Department of Environmental Protection (DEP) for the rehabilitation of the Aquifer Storage and Recovery (ASR) Well Project. Funding is available from 442-5178-536-46.90 (Water & Sewer/Renewal & Replacement Fund/Other Repair & Maintenance). Recommend approval of the contract addition with Integrity Well and Pump Company for the Aquifer Storage and Recovery (ASR) Well Project. S:\Clty Clerk\agenda memos\Contract Addition Integnty WeD and Pump..-\SR Well Prolect.12,06 04 - City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M www.mvdelravbeach.com TO: David T. Harden City Manager FROM: C. Danvers Beatty, P.E.;J;5B '2f"~ '<;.-_.\. 1 Deputy Director of Utili s DATE: December 3, 2004 SUBJECT: Aquifer Storage and Recovery (ASR) Rehabilitation Project Number 2003-014 On November 15, 2004 a meeting was conducted at the ASR Site with Representatives from the Department of Environmental Protection, Bob Hagel with the South Central Regional Waste Water Treatment Plant, The City of Delray Beach, & CH2M HILL regarding discharge from the ASR into the ocean outfall. The primary concern is turbidity as a result of well development. In order to address the potential turbidity issue it was determined that a settling tank and related pumping equipment would be required between the ASR and the ocean outfall. This equipment was not included in the original project cost and as a result will require a contract addition to Integrity Well & Pump Company. Attached is an agenda request, for contract addition, Change Order No.1 from Integrity Well & Pump Company in the amount of $45,000.00 for the equipment previously described. Funding will be from 442-5178-536-46.90, other repair and maintenance. Appropriate budget transfers are attached. If acceptable please place this item on the December 6, 2004 meeting for consideration by the City Commission. cc: Richard C. Hasko, P.E., Director of Environmental Services John Bullard, Manager of Water Treatment Plant City Clerk Agenda File S \EngAdmin\Projects\2003\2003-014\OFFICIALlAgenda MEMO Integrity I20304 doc CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. t (Contract Addition) PROJECT NO. 03-014 DATE: PROJECT TITLE: Rehabilitation and Improvements of the Aquifer Storage and Recovery Facility TO CONTRACTOR: Integrity Well & Pump Company YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Additional requirement Imposed by the Department of Environmental Protection for the use of a settling tank and related pumping equipment prior to discharge to the ocean out-fall which was not included in the original contract. SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $ 307,300,00 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $0,00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $ 307,300,00 COST OF CONSTRUCTION CHANGES THIS ORDER $45,000,00 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $ 352,300,00 PERCENT INCREASE THIS CHANGE ORDER 4.9 % TOTAL PERCENT INCREASE TO DATE 4.9 % TOTAL CONTRACT TIME WILL BE INCREASE BY 0 DAYS. CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, m my considered opinion, accurate; that the prices quoted are fair and reasonable and in proper ratIo to the cost of the original work contracted for under benefit of competitive bIdding. Integnty Well & Pump Company (Contractor to sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding is available from account: DEPARTMENT FUNDING CERTIFIED BY DELRA Y BEACH, FLORIDA by its City COlnInIssion RECOMMEND: By: for EnVIronmental Services Mayor ATTEST: APPROVED: By: CIty Attorney City Clerk S \EngAdmm\ProJects\2003\2003-014\CONSTRCT\COllntegnty doc -12.03 04 doc ::'2/03.. 2,\l}J O?: ':';: 8~T~131iO Ito!~EGR IT" . . . P;.GE 02 W CONTRACT MODIRCAnON .... OHaWIHILL [!] CHANGE OROE.R CJ WRITTEN AMENDt.ENT MODIFICATION N01: 1 TO CONTRACTOR, Integrity Well & P"mp Company (AKA A.C. Schulte. of Florid.) PROJECT: ReheblleUcn a"d ImprQvementll ofUle ASR Facility PROJECT NO: 320173,PO.CM (City Proj. No. 200~14) OWNER' CIty of C.lrlY BeIlCt1 ENGINEER. CM2M Hill. Inc;. Th. '\llh'V\I"\(II1l<,("JI(:,)llufl(~') to 11,,' ( Ollll.it 1 lI,' hl'll l,V ..,dell'll (II~" ;1r1dttll'llal p;JCJC~.I "."wreo) 'The 1,1" af two 25,000 gallon settlInG tankllmd ..toOlate<l equipment, II'\C\t.ldlog 8ddlUon81 dlspcaal pump, This ,. to Inclt.lde ." aceta rloeoMUry to mooIHz.. _up, dean out. .nd demobilize boitl tanka and the diepol" pl.Imp. The cost I. not to 8IIClIMd MS.OOO wllhout further a\M'lor1Utlon. - Regulatoty ~Irement to remove turbidity from deVelopment ,nd pump tut WIItert pumped from the ASR well prior to dltotwrge Into~ 00Mn outfall. ^,l", 11'111'1\1. Il,"t S"I'I),,,IIII'] ll..I'IlITIl'Ilr' ) quote tom IntegI'ttf. I Contract Amouht or PriGe L Contract TI"".. (Calcul... c.ya) 1 0rIg1n.1 $3107,300.00 OI1gInIllOUl'$tklll " 90 Caye Prwvioua Contrec:t Prevlou. Contr8d ~.) Modlllcdon(') (AcIcIIOecIuct) SO (AdcUDedud) 0 Days ...... Thl, Comraot ModitIC8tIon Thlt contract Uodlbtlon (AddlCeduct) $4e,OOO.OO (AdcllDeclud) 0 o.ys , ~..... Contrtc:t ~nt $382,300 00 AftiMd Conf..-.ct Time NI" 0.)'1 The Reviled COntr8Ct CompltUor1 O.te Is' ,20 Own... Contractor I!nglnMr Reoom~onl By: By. r; By: o.te: / ,;./,f ~'1 Dale; t NumW a. MocIIlatlal1a ool\NClUllYlly. Copl..:OwMr 2 RIlcomrnend.aon necNUry for CMnge 0rc:tM. FInl FlIe .. .~, -"'" ~, ..... AGENDA REQUEST ~ Agenda Item No. Request to be placed on: ~ Regular Agenda Date: December 3. 2004 _ Special Agenda _ Workshop Agenda When: December 6. 2004 Description of item (who, what, where, how much): Requesting: Commission Award a contract addition (Change Order No. 1) to IntegrIty Well & Pump Company in the amount of $45.000.00 for addittonal services assocIated with the rehabihtation and pump replacement of the Aquifer Storage and Recovery Well. Funding is avaIlable from Renewal and Replacement Account No. 442-5178-536-46.90. Other Repair and Mamtenance. ORDINANCE/RESOLUTION REQUIRED: YESINO DRAFT ATTACHED YESINO Recommendation: Staff recommends approval of the contract additIOn to Integrity Well & Pump Company in the amount of $45 000.00. Department head signature: , ~. ') v-f' Determination of Consistency WIth Comprehensive Plan: CIty Attorney Review/Recommendation (If applicable): Budget DIrector Review (required on all items involving eXEenditure of funds): Funding available@NO l Y7Jl ""-L U....Q >'~ Funding alternattves (Ifapphcable) Account No. & Descriptton & o..P rJ - ' I m~ C~ Account Balance If> '-/5; /)0 0 't '1.1-5; 1 t- 5'31. 0/,. r 0 City Manager Review: Approved for ageoda: ~O ~ Hold Until: / Agenda Coordinator ReVIew: Received: Placed on Agenda: Actton: ApprovedJDisapproved s \EngAdmm\Pro)ects\2003\2003-014\OFFICIAL\Agenda Req Integnty 120304 doc ---------- - MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: A ENDA ITEM # {\t\ - RE ULAR MEETIN DECEMBER 204 REPORT OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS DAlE: DECEMBER 3, 2004 Attached is the Report of Appealable Land Use Items for the period November 15, 2004 through December 3, 2004. It informs the Commission of the various land use actions taken by the designated boards that may be appealed by the City Commission. Recommend review of the appealable actions for the period stated. Receive and file the report as appropriate. S:\Clty Clerk\agenda memos\apagmem 1206.04 ~ CITY COMMISSION DOCUMENTATION ~ TO: DAVID T. HARDEN, CITY MANAGER 'c) THRU: JEFF COSTEllO, ACTING DIRECT, F NNING AND ZONING FROM: JASMIN ALLEN, PLANNEt"'^,,- ~ SUBJECT: MEETING OF DECEMBER ,2004 *CONSENT AGENDA* REPORT OF APPEALABLE lAND USE ITEMS NOVEMBER 15, 2004 THRU DECEMBER 3, 2004 I ACTION REQUESTED OF THE COMMISSION I The action requested of the City Commission is that of review of appealable actions which were made by various Boards during the period of November 15, 2004 through December 3, 2004. I BACKGROUND I This is the method of informing the City Commission of the land use actions, taken by designated Boards, which may be appealed by the City Commission. After this meeting, the appeal period shall expire (unless the 10 day minimum has not occurred). Section 2.4.7(E) of the LDRs applies. In summary, it provides that the City Commission hears appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: 1. The item must be raised by a Commission member. 2. By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. ~ PLANNING AND ZONING BOARD MEETING OF NOVEMBER 15, 2004 I No appealable items were considered by the Planning and Zoning Board. The following items which were considered by the Board will be forwarded to the City Commission for action. . Recommended approval (6 to 0, Johnny Kincaide absent), of a Future Land Use Map Amendment from County LR-3 (Low Residential -3 Units Per Acre) to City GC (General Commercial) and annexation with initial zoning of AC (Automotive Commercial) for Tire Kingdom, located at the northwest corner of Military Trail and Conklin Drive. . Recommended approval (6 to 0), of the Osceola Park Redevelopment Plan. . Recommended approval (6 to 0), of a privately initiated amendment to the Land Development Regulations Section 4.4.3 Single Family Residential (R-1) District, Article 4.5 "Overlay and Environmental Management Districts and Section 2.4.3(K) "Fees" relating to the creation of design guidelines in order to maintain the character of the North Beach/Seagate and Ocean Neighborhood Overlay District Areas by regulating proposed massing and scale of structures. . Recommended approval (4 to 1, Joe Pike stepped down, Jill Morris dissenting) of a City initiated amendment to the Land Development Regulations to create a new Article 4.7, "FamilylWorkforce Housing"; amending Section 4.4.6, "Medium Density Residential (RM) District" to provide for density bonuses; and amending Article 4.5, "Overlay and City Commission Documentation Appealable Items Meeting of December 6,2004 Page 2 Environmental Management Districts" by creating overlay districts which are entitled to density bonuses for the provision of workforce housing units. . Recommended approval (5 to 0, Joe Pike left the meeting), of a City initiated amendment to the Land Development Regulations Subsection 4.3.4(J)(4), "Increases to Height Regulations", to limit the area in the CBD (Central Business District) available for an increase in height and to modify the criteria which must be met to support an increase in height in all areas where increases in height are allowed. . Recommended approval (5 to 0) of a City initiated amendment to the Land Development Regulations Sections 4.4.9 "General Commercial) and Section 4.4.12 "Planned Commercial" (By Reference) to add churches, or places of worship, as a conditional use and amend Section 4.4.13 "Central Business (CBD) District" to delete clubs and lodges as a conditional use. . Recommended approval (5 to 0), of a combined preliminary/final plat for Tropic Isles Townhomes, an 8-unit townhouse development, located at the northwest corner of Frederick Boulevard and Avenue H. I SITE PLAN REVIEW AND APPEARANCE BOARD MEETING OF NOVEMBER 17,2004 I A. Approved (5 to 0, Christina Morrison and Nancy Stewart absent), a request for a color change for Chaiyo Thai Bistro, located at the southeast corner of Military Trail and Linton Boulevard (14800 South Military Trail). B. Approved (5 to 0), a request for a color change for Heritage Club, an existing townhouse development located on the south side of SE 10th Street, west of South Federal Highway (1001 East Heritage Club Circle). C. Approved with conditions (5 to 0), the landscape plan and architectural elevation plan for Coral Trace Office Park, a proposed 30,724 sq. ft. professional/medical office development, located at the northwest corner of West Atlantic Avenue and Coral Trace Boulevard. The site plan was previously approved by the Board. I SITE PLAN REVIEW AND APPEARANCE BOARD MEETING OF DECEMBER 1, 2004 I D. Approved (7 to 0), the proposed illumination of the existing Pineapple Grove Arch, located on Pineapple Grove Way. E. Approved (7 to 0), a request for two flat wall signs for PMK Securities, located on the north side of East Atlantic Avenue, east of NE 1st Avenue (105 East Atlantic Avenue). F. Approved (7 to 0), a request to allow additional color selection for Sherwood Forest, an existing single family subdivision, located on the south side of West Atlantic Avenue at Sherwood Forest Drive. G. Approved (7 to 0), a request for a color change for Frog Lounge, an existing commercial building, located on the east side of North Federal Highway, south of NE 14th Street (1325 North Federal Highway). ------ City Commission Documentation Appealable Items Meeting of December 6, 2004 Page 3 H. Approved (7 to 0), a request for a color change for Gazebo Depot, an existing commercial building, located on the south side of West Atlantic Avenue, between Congress Avenue and McNab Road. I. Approved (7 to 0), a Class III site plan modification, associated with the conversion of 277 square feet of retail space to restaurant for Grammee's Vintage Treasures and Cafe, located on the west side of SE 5th Avenue (southbound Federal Highway), south of SE 3rd Street. t HISTORIC PRESERVATION BOARD MEETING OF NOVEMBER 17, 2004 I 1. Approved (6 to 1, Jeffrey Silberstein dissenting), a request for a Certificate of Appropriateness associated with the installation of a 200 sq. ft. shed at the rear of a single family residence located at 332 SE 7th Avenue (west side of SE th Avenue, south of SE 3rd Street). 2. Approved (6 to 0, Maura Dersh stepped down), a request for a Certificate of Appropriateness associated with the construction of a 487 square foot addition to an existin~ noncontributing single family residence located at 335 SE 7th Avenue (east side of SE t Avenue, south of SE 3rd Street). No other appealable items were considered by the Board. The following agenda item was considered by the Board. . The Board on a 6 to 1 vote (John Miller dissenting), recommended approval of the Dell Park Historic District to include those properties located between North Swinton Avenue and NE 2nd Avenue and between George Bush Boulevard and the north side of NE 13th Street. This item will be forwarded to the City Commission at its meeting on December 14, 2004 for first reading of the ordinance and January 4, 2005 for second reading and adoption. I HISTORIC PRESERVATION BOARD MEETING OF DECEMBER 1, 2004 t 3. Approved (4 to 0, Francisco Perez-Azua, John Miller and Maura Dersh absent), a request for a Certificate of Appropriateness for a color change of an awning for Salon 301, within the Atlantic Grove Development, located on the north side of West Atlantic Avenue, west of NW 3rd Avenue. I RECOMMENDED ACTION I By motion, receive and file this report. Attached: Location Map CITY OF DELRAY BEACH, FLORIDA - City Commission Meeting - \ DECEMBER 6, 2004 i Q L.30 CArIAL a: ------------ \g ~ ~ 1 ~ :::> 0 1 <<: I"' -.J -l ::l' <3 f- ....J <: '" M lU 0 a: u:. f- U r' <: ;is ,... ~ '" Q:I '" ~ Q ~I <3 :&1 a: LAKE IDA G 1 ",I '" I u 5' ;E /b~ 1 ~I a: <<: ROAD ( "' 1 I r - -- Q I L _ _ _ ,-- L___J---' '" I I <it r - I I 1 1 I 1 L _ L__ I _______.J I I I I 1 S W 2ND ST '0 ATLANTIC I r--, f"" -.J : CD !UJ :li::: LJ 1 L _ _ J I~ ~ ~ I <<: ~ \0 L .... Q ''"= '"= C I a: ~ '" '" ;,ll lU i::il S 0 ""I "' .... LOWSON BOULEVARD 10TH ..... .... I :li::: ,...1 Q ~ 0 ~ Q:j ~ <<: I ~ Q:: ....... ~ ~ ~ Q:: _I .... sll 0 '"= '-> :r: lU ~ LINTON BOULEVARD '" "- 1 A ,,~ LINTON BL VD ~., 1 "" OLO 1 l GCR4< L_ I I "I4'TO/ti 1 1 ~ ~ ~ 1 1 1 2: '- ~ "'I I 1 <t "" :>1 1 1 \!! a L__.J <:: "'I '" <:> -.J ::l' I '" III <<: 1 Q: u C> M 2: u:. a u ------------------------ - L -38 CANAL C-15 CArJAL ~ SPRAB HEB A. CHAIYO THAI BISTRO 1. 332 SE 7TH A VENUE B, HERITAGE CLUB 2. 335 SE 7TH A VENUE - - - - - C'TY liMiTS - - - - - C. CORAL TRACE OFFICE PARK 3. SALON 301 D. ARCH FOR PINEAPPLE GROVE WA Y I ONE MILE I E. PMK SECURITIES GRAPHIC SCALE F. SHERWOOD FOREST G. FROG LOUNGE H. GAZEBO DEPOT CITY OF DELRA Y BEACH, FL PLANNING & ZONING DEPARTMENT I. GRAMMEE'S VINTAGE TREASURES & CAFE NOVEMBER 2004 - - DIGITAL BASE MAP SYSTEM. . ~- MEMORANDUM TO: MAYOR AND CI1Y COMMISSIONERS FROM: CI1Y MANAGER!J1;\, SUBJECT: AGENDA ITEM # 8N - REGULAR MEETING OF DECEMBER 6,2004 AWARD OF BIDS AND CONTRACTS DATE: DECEMBER 3, 2004 This is before the City Commission to approve the award of the following bids: 1. Purchase award to Phillips Medical Systems in the amount of $15,076.99 via the Florida SNAPS II Agreement for eight (8) Automatic External Defibrillators (AED) for the Police Department's patrol vehicles. Funding is available from 115-2111-521-64.90 (Special Project Fund/Other Machinery/Equipment). 2. Lease award to Mears Motor Leasing in the annual amount of $42,840.00 via the Florida Sheriffs' Association of Counties Bid#04-12-0823 for the lease of six (6) police vehicles to support the Police Department's undercover operation. Funding is available from 001-2115-521-44.40 (police Department Vehicles/ Rental/Lease). 3. Purchase award to Exeter Architectural Products in the amount of $43,815.77 via the State of Florida Statewide Purchasing Subsystems (SPURS) Agreement #1502177 -4 for the purchase and installation of Stonn Shield Hurricane Barriers to thirty-five (35) openings on the first floor of Police Department Headquarters. Funding IS available from 334-6111-519-62.10 (General Construction Fund/Buildings). 4. Purchase award to Cantway Trailer in the amount of $23,950.00 to convert ten (10) of the recendy purchased Skid Mounted Generators to portable. Funding is available from 441-5161-536-64.90 (Water/Sewer Fund/Capital Ouday/Other Machinery and Equipment). 5. Contract award to Murray Logan Construction, Inc. in the amount of $19,000.00 via the Northern Palm Beach County Water Control District Contract for rehabilitation of Lift Station 14. Funding is available from 442-5178-536-46.90 (Water/Sewer/Renewal and Replacement Fund/Other Repair/ Maintenance). 6. Bid award to American Lighting Maintenance, Inc. in the amount of $28,721.00 for parking lot lights for Miller Park. Recommend approval of the above bids and purchases. S:\Clty Clerk\agenda memo\B.d Memo.1206.04 ------ --- Delray Beach DEL RAY BEACH F lOR t ~ .. Police Department .......... All-America City 300 West Atlantic Avenue , , III: Delray Beach, Florida 33444-3695 (561) 243-7888 Fax (561) 243-7816 MEMORANDUM 2004 1993 Joseph L. Schroeder 2001 Chief of Police TO: David Harden City Manager FROM: Tina L. Lunsford ~rp Administrative Officer DATE: November 18, 2004 SUBJECT: AGENDA REOUEST The Delray Beach Police Department has requested that the attached Consent Agenda go before the Commission on December 6, 2004 for approval. The Police Department received a grant from Tenet Healthcare Foundation in the amount of $15,000.00 for the purchase of five (5) A.E.D.'s (Automatic External Defibrillators) for patrol vehicles. The Department found the A.E.D.'s on the Florida SNAPS II #4653044 at a reduced price and will be able to purchase eight (8) units instead of five for a total of$15,076.99. The grant funds were deposited into the Police Reserve Account and the funds for purchase are available in account #115-2111-521-~. J f ~ ~'1lqu ~ II l1. 11 Should you require further information, please contact me at ext. 7852. TLUrmh Attachment Serving with P.R.I.D.E. Professionalism, Respect, Integrity, Diversity and Excellence ~.1- _ HNff. April 23, 2004 Chief Joseph L. Schroeder Chief of Police Delray Beach Police Department 300 W Atlantic Ave Delray Beach, FL 33444-3695 Dear Chief Schroeder: I am pleased to inform you that Tenet Healthcare Foundation has awarded a grant to the Delray Beach Police Department, for purchase of AED's for 5 patrol vehicles. This grant ~ comes to you at the recommendation of Delray Medical Center and our Florida Region Office. Included with this letter, please find a check in the amount of$15,000. Delray Medical Center is owned and operated by a subsidiary of Tenet Healthcare Corporation. Tenet Foundation is a charitable foundation sponsored by the corporation and performs this function on behalf of the entire company. Working together, our commitment is to give back needed services in the communities in which Tenet hospitals are located. At your earliest convenience, please share with us a report outlining how this grant was able to help your organization. We appreciate the fine work and service you are providing in your community and we are pleased to be able to provide our support. We extend our best wishes for continued success. With ki d regardj ~ B rbara B. Luton Executive Director Tenet Healthcare Foundation Upon accepting, endorsing, or depositing this check, please be advised you are verifying that your organization qualifies as a 501(c)(3) organization under the Internal Revenue Service Code. Tene~ Heolthcore Foundatlor . POBox 31907 . Sante Barbarc CA 93130 . Tel 805 563 6865 . Fox 805 898 9104 ~-'- Page 2 of 3 e PHILIPS QUOTATION DATE QUOTE NUMBER PAGE 11/1712004 20130539 1/ 2 LAST UPDATED TIME Philips Medical Systems 11/17/2004 15:38:57 Attn: Sales Operations 2301 5th AV1l Suite 200 Seattle, WA 8121 EXPIRATION DATE INCOTERMS Fax # 206-664-2000 01/17/2005 FOB destinatIon Tel # 800-263-3342 PAYMENT TERMS Within 30 Days Due Net Subieot to Credit Aooroval FORMAL QUOTE Oriainal SALES REPRESENTATIVE CUSTOMER: Dennis Matarese Phone'800-218-2045 X7974 Delray Beach Police Department Fax: 300 W Atlantic Ave DELRAY BEACH FL 33444 Tina Lunsford 561-243-7852 QUOTE CONTACT Fax: 561-243-7816 Tony Bussert Customer Number' 94101571 +800-263-3342 X8403 SPECIAL COMMENTS; Please reference quote number on purchase order, or sign bottom the of the quote and fax back to 206-664-2000. If you have any questions oonoerning this quote please contact your rep listed on the quote or Tony Bussert at 1-800-263-3342 x8403 ITEM PRODUCT DESCRIPTION QTY UoM UNIT-AMT AMOUNT(USD) 10 M3860A HeartStart FR2+ 8 PCE 1,630,00 13,039,99 861264 Defibrillator with ECG 20 M3869A Vinyl Carrying Case for 8 PeE 104,30 834.40 989803121311 FR2 AED 30 M3854A Data Card & Tray for FR2 8 peE 62,30 498.40 989803108471 serie 40 M3863A FR2+ Battery, Long life 4 PCE 146 30 585.20 989803108811 LiMN02 50 DP6 Defibrillation Pads: 1 PCE 119 00 119 00 989803112561 6-Pack Agreement # MH330 Total Quotation Net Price 15,076.99 Tax must be included on all quotes If you have supplied Philips Medical Systems With a tax exemption certificate you Will not be charged tax at time of order --- Page 3 of 3 -- QUOTATION DATE QUOTE NUMBER PAGE ~ PHILIPS 11/1712004 20130539 2/ 2 LAST UPDATED TIME Phili~ Medical Systems 11/17/2004 15:38:57 Attn: Sales Operations 2301 5th AV~ Suite 200 Seattle, WA 8121 EXPIRATION DATE INCOTERMS Fax # 206-664-2000 01/17/2005 FOB destination Tel # 800-263-3342 PAYMENT TERMS Within 30 Days Due Net Subieot to Credit Aooroval FORMAL QUOTE Onclnal ITEM PRODUCT DESCRIPTION QTY UoM UNIT.AMT AMOUNT(USD) FLORIDA SNAPS II #4653044 Signature: Date: Unless Indicated directly, this quote Is subject to Philips Medical Systems North Amelica Terms & Conditions, except In the presence of a Purchase Agreement Discount Pnces are for USA end-use only and Include standard Philips Medical Systems North Amenca transportation Taxes If applicable, are na Included unless noted but Will be added to the inVOice The Purchase Orders needs to reference the Quote Number, statement of Work Project ID If applicable, and your Purchase Agreement Please Indicate your requested delivery date and your preference to accept and pay for partial shipments, If this quae Includes Value-Added Services, they may be InvOIced separately If this Quote Includes ProfessIOnal Services, partial invoIcing Will occur and separate inVOices Will be sent including applicable Travel and Expenses according to the terms specified In the Statement of Work System cabling, If Included, IS specified atthe standard grade unless noted otherwise -- ---- -- AGENDA ITEM NUMBER: <&'" . ~ AGENDA REQUEST Request to be placed on: X Consent Agenda Regular Agenda Workshop Agenda _ Special Agenda When: December ~ 2004 Description of agenda item. (who, what, where, how much): The Police Department received a $15,000.00 grant from Tenet Healthcare Foundation for the purchase of AED's (Advance Electronic Defibrillators) for police vehicles. Phillips Medical Systems has the units on the Florida SNAPS II agreement and we can purchase eight (8) units with accessories. Funding is available in Account # 115-2111-521~. III ~~o'1 +0 \tAl Q.o~ co\ll (e tbI5jDr']eo. qq ,pe.y -\-V>e..ph'ltip~~te- 6'11104 ~epanment Head W~ Signature: City Attorney Review IRecommendation (if appHcable): Bud~ Director R~ (required on aD items involving expenditure of funds): 'rO'>-f.- 1Jv..k ~Rlo 'i Funding Available: es / No Initials: Account Number 115- 2-/11 - 5:z /- fctf. <10 Description ~~~:i'O :rfi-L)HiJ=l - Pol.'~ A-Jrn:..J - ~.J lIJ~j.)vJei2j 1'1t.l'f''<<4-J Account Balance: j J ~. n 0,.., . Do r.;~. fjll~L / Funding Alternatives: (if applicable) City Manager Review: Approved for Agenda: @/ No Initials: ~ Hold Until: Agenda Coordinator Review: ~ \ \1(.;--: Received: q~G 1 :. 'l.~~~ \'\ () \\ t\ y... ~..' {vi \..t. en" ------ DELRAY BEACH Delray Beach Police Department ~ All-America City 300 West Atlantic Avenue, Delray Beach, Florida 33444-3695 , , III~ (561) 243-7888 Fax (561) 243-7816 1993 Joseph L. Schroeder MEMORANDUM 2001 Chief of Pollee TO: David Harden City Manager FROM: Tina L. Lunsford ~ CONFIIDTJAL Administrative Officer DATE: November 11, 2004 SUBJECT: AGENDA REQUEST The Delray Beach Police Department has requested that the attached Consent Agenda go before the Commission on December 6, 2004 for approval. The annual lease of vehicles to support undercover operations by the Department's Vice, Intelligence and Narcotics (VIN) Unit is due to expire between February 6th and March 23,2005. We currently have a three year Master Lease Agreement signed 4/8/2003 by David Junghans for Mears Motor Leasing of Orlando. The enclosed documentation provides the selection and pricing of the vehicles available. The VIN Unit has selected the following vehicles: YearlMakeIModel Month Cost 2005 C sler Pacifica $565.00 2005 C sler 300 $565.00 2005 Chevrolet Silverado 1500 Crew $610.00 2005 Ford Ex .tion $610.00 2005 GMC Yukon $610.00 Total Month! Cost $3,570.00 Total Annual Cost $42,840.00 It should be noted that if a vehicle becomes compromised during the year it may be traded out to ensure the safety of our undercover officers. Budget 04/05 included $43,920.00 for the lease of vehicles for the VIN Unit. Blanket P.O. #623459 for Mears Motor Leasing was created for our existing vehicles in the amount of $37,290.00. That P.O. would need to be liquidated for all the funds to be available in the account. Funding is available in 001-2115-521-44.40. Should you require further information, please contact me at ext. 7852. TLUnnh Attachment Serving with P.R.I.D.E. Professionalism, Respect, Integrity, Diversity and Excellence ~N,~ - MEARS MOTOR LEASING 2004 - 2005 Unmarked CONFIDENTIAL 'l'EHJCI,eS. ~""EIfT 'UL.I'OS Vehicle Choices ~l;U"",_ ......- 1'1..:.0..7.17' -.st_ll1#r AUTOMOBILE - -- .Lm '. Lease Excess Rate Mileage Mileage Vehicle Per Allowance Charge Classification Year Make Model Engine Month Per Month Per Mile -. Che\lrolet 6Cy1.3.8 $565.00 - $0.12 Mid Size Sedan 2005 Impala LS, Leather 2000 Mid Size Sedan 2005 Dod~e Stratus SXT, qoth 6Cy1. 2.7 -$Sl5s.oo 2000 $0.12 Mid Size Sedan 2005 Tovota Camry __ SE, 90th _ ~. 2.4 $565.00 2000 $O:~ ----, . Mid SIZe Sedan 2005 Toyota Camry SEr Cloth 6CyI. 3.3 $5~s.00 2000 $0.12 Mid Size Sedan - - 2005 Nissan Altima 2.55, d~~h 4CyI. 2.~. $565.00 2000 $0.12 Mid Size Sedan 2005 Honda Accord LX, doth 4Cy1. 2.0 $565.00 2000 $0.12 . -'-' Mid Size Sedan 2005 Honda Accord LX, Cloth 6(.)'1.3,0 $565.00 2000 $O..~ --,. .... - .. ,- .. Mid Size Sedan 2005 ford Ta!Jrus ~E, Cloth _ 6CyI,3.0 $565.00 2000 $0.12 ;0 ~ucics-- ;' j~~ <.; .~-~..<'~-"~~~~~: !(~9!L.,~~-':~-~~~~ .-..11;.~ .-~~ ~ "';r:-'- 2000 $On f .' Lease Excess Rate Mileage Mileage Vehicle Per Allowance Charge Classification Year Make Model Trim Engine Month Per Month Per Mile Mid Size Pick UP 2005 Dodge Dakota Quad $565.00 - .-.;..;;...... SLT Oath 8Cyl. 4.7 2000 $0.12 Full Size 'Pick. UP 2005 Ford F1S0 Su~rCrew XLT, Cloth 8Cyl. 4.6 '$610.00 2000 $0.12 1--., . ~.~~~ -J ::tl- . fUIIS.i>eJ>~. ~ .~; ~~II'Sfze' Pidc UP" ~005~. ioyot:! :.' TU~dra Dou~le ~~ S~.?' doth. 80f1.,4.7 $610.00 _ 2000 I $0.12. SPORT unlITY .. .. - ----. ~ ExcesS Lease Rate Mileage I Mileage Vehide Per Allowanc:e! Charge ~~fication Year M~~~. Model... _ Trim _ _. __ Engine Mo-:-th Per Mon~i Pe.!.!!!!! Compact SUV 2005 Ford Sport Trac ~' doth 6Cy1. 4.0 $565.00 2000 '$0.12 cOmpa...ct SUV 2005 Jeep _ Liberty LimitedJ:eather 6Cy1. 3.7 $565.~ 2000 : ~~.12_. Compact SIN 2005 TcMlla Highlii~ ~ath 6Cyl. 3.3 . $610.00 2000 ~ _~R Compact SUV 2005 Ford Es~p'e x~~ 90th 6cyl. .3.0 $565.00 20~ _ : $0.12 Mid Size SUV _ 2005, Dodge Dura"!9o S~~, Leather 8cyl. .t!? $610.00 2000__. $0.12_ Mid Size ~ _ 2005 Jeep._ IGrand Olerokee I!-Bredo'1.ealll.er. 6C)!.3.7 $610.00 . 2000 ,$Il.~ Mid Size SUV 2005 Toyota 4 Runner SR 5, Oath 6Cyl. 4.0 $610.00 2000 $0.12 Mid S~ SuV 2005 Ford' ~rer U_ - XLT Leather' GetI.4.0 $610.00, 2000 ~'$O.12 Mid Size SuV 2005 Chevrolet Trailbiazer __ :-=/LS, Cloth == -. 60i1. 4.2 $610.00r il?.~ i~J:2 ! !'lid 5lzeSUV.,,_200S H~.;. _ l'i1<;>'. ~. EX, Octh .'. 69'1.35 $61O,0..\'. 2000 _ $Il.~. . ~.~ .. , '. ..>. 2000 $0.12 ~ .' '_~~~ ._ , .j. ,,'<'...-=.,<-,,' ~__.,' ";'" ~ .'~" .' 2000: $0.12 -.>i:- lof2 . .LV! _v~ --. ......., . ......, .....-.. - MEARS MOTOR LEASING ~ ;n-- / ~ , 2004 - 2005 Unmarked > ,I - : ;...-V;,..J:' fC-' rf, J .....oc:u:s. ilquwMCM"t...U!S Vehicle Choices _111_-'" QrllnlllD, ~Z'''''''1''' CONFIDENTIAL ~'WJ. Vans . -.... - Lease Excess Rate Mileage Mileage Per Allowance Charge Year Make Model Trim Engine _'. Mon~ Per Month Per Mile - Grand Caravan SXT stowNGo 6CyJ. 3.8 $610.00 2000 $0.12 ..- 2000 $0.12 2000 $0.12 ~ - and finance rate. R~ 10/6/04 ~ IlJi.l6cllis , It .: @ V'tfl/1d/ir €J "1/o,ifIJ /'"- ~ :; Jr'YtldO o V!illrvlli5 tP t S 65. tIC IlL )1fJ.7I1 = if _II.J 0 ,()() j II 35-10,40 )l /7., *,lIt'ftAf,~ ,;t, ~. ,'1" i' /I1IJ! ..4u~V,1Jr )/tfIft,lcJ - . MASTER lEASE AGREEMENT ~ MEARS MawR llVERY CORroRA1l0N, 'Aori"_OO~:::~'::~lEASmG. (.",QleJt:"'R~ Orlando, Florida 32808-7917 hereby agrees to lease to CIlY ofDeiray Beach Pohce Depanment ("Lessee") with offices at 300 W. Atlanoc Avenue Delray Beach FL 33444 and Lessee hereby agrees to lease from Lessor. each vehIcle (together with all related accessones. a "vehicle" and collectively the "velucles") described JD each schedule now or hereafter executed by Lessor and Lessee referencmg thIS lease (mdlvldually a "Schedule" and collecllvely the "Schedules") Each Schedule will Incorporate this lease and will consutute a separate lease of the related vehIcles l. LEASE ONLY. The lease is one oflcasing only. and Lessee will not have or acquire any right, title or interest in or right to any vehicle othertban the right to use the vehicle in accordance with the temJS of this lease 2. VEHICLE ORDERING AND ACCEPTANCE. Lessee may request Lessor from time to ume to order velucles for lease hereunder in accordance with Lessor's then lease order procedures, If Lessor accepts Lessee's request and orders a vehicle for lease hereunder. Lessee will promptly take deliveJy of the vehicle upon nonce from Lessor that the vehicle is available for delivery The taking of dehvery by Lessee of a vehicle will conclusively establish Lessee's llCCcptance of the vehicle for all purposes of thIS lease. Subsequent to acceptance of a vehicle Lessor will proVIde Lessee a Schedule covenng the vehicle and indicanng the applicable rent and certain other matters relative to the vehicle in accordance with the pnor agreement of Lessor and Lessee respecnng the vehicle Lessee will promptly execute and return each Schedule to Lessor. 3. TERM. The tenn of this lease as to Ii vehicle will commence on the date the vehicle is delivered to Lessee and will continue for the period specified in the Schedule, unless termmated earlier as provided herem. Lessee's obligations, m~ludmg the payment of rent for each month or pomon of a month a velucle 1S remmed, will continue as to a vehicle until the vehicle IS returned 10 Lessor followmg lease expiration Lessee has no nght to retain a vehIcle after lease expirauon without Lessor's consent and any such retention is a default under this lease. 4. RENT AND OTHER PAYMENTS. Lessee will pay Lessor amounts due Lessor hereunder at the location specified by Lessor, as covered under the Florida Prompt Payment Act # 218.70 or will pay any of such amounts to such other person and at such place as Lessor may from orne to orne dCSlgnate on nOOce to Lessee. Pro ram rent on the basIS of a30-day month for the period from deb very to the first day of the succeedmg month if dehvery is between the first (1st) and eighteenth (18th) of a month will be due on delivery With the Iniual rent payment due on the first (1st) of the month after delivery. If dehvery occurs after the eighteenth (18th) of a month such a pro rata payment and the lroUa! rent payment will be due on delIVery Subsequent rent payments will be due on the first (1st) of each succeedmg month up to and 1ncluding the month during which the teon expll'es for the vehicle, Lessee surrenders the velllcle to Lessor pursuant to paragrnph 14 below or the Settlement Value thereof becomes due in accordance with paragraph 13 or 18 below, whether or not Lessor has rendered an invoice for any such payment AJly other amounts due Lessor hereunder will be payable upon Lessee's receipt of Lessor's IDVOlce therefore as covered under the Flonda Prompt Payment Act # 218,70. S. UNCc;~DmONAL NET LEASE; NO OFFSET; SURVIVAL. TIns lease is a net lease, and Lessee will not be entitlea to any abatement of mlt or other payments due hereunder or any reduction thereof under any circumstances or for any reason whatsoever. Lessee hereby WIllVes any and all existing and future c1mms, as offsets. against any reD! or other payments due hereunder and agrees to pay such rent and other amounts as and when due regardless of any claim wluch may be assened by Lessee Lessee by agreelDg to make all payments under thIS lease without offset has not wa1ved any nghts Lessee may have 10 prosecute any claim agalDst Lessor in an aCUon unrelated to this lease This lease IS tenninable only as provided herem. The respectlve obbgauons of Lessor or Lessee will not be affected, nor will Lessor have any habihty whatsoever to Lessee, by reason of any failure or delay in dehvery of any vehicles, any defect lD or damage to or loss or destruction of any vehIcles from whatever cause. the prohibiuon of Lessee's use of any vehIcles, the Interference with such use by any government, person or corporation, the Invahdlty or unenforceability or lack of due authonzation or other Infumlly of t1us lease, any lack of nght, power or authority of Lessor or Lessee to enter iDlO lIIis lease or any other cause. whether smular or dISSimilar to the foregomg. In no event will Lessor be bable for loss of profits or other consequenuaJ damages. The oblJgauons and habihtles of Lessee hereunder will survive the termmation of thIS lease. 6 LESSOR'S DISCLAIMER OF WARRANTIES; FINANCE LEASE TREATMENT UNDER ARTICLE 2A AND WAIVER OF ARTICLE 2A AND SIMILAR RIGHTS LESSEE ACKNOWLEDGES THAT EACH VEHICLE IS OF A SIZE. DESIGN, TYPE AND MANUFACTURE SELECTED BY LESSEE. THAT LESSOR IS NOT A MANUFACTURER THEREOF OR A DEALER THEREIN. THAT LESSEE LEASES TIlE VEHICLE AS-IS AND THAT ACCORDINGLY LESSOR HAS NOT MADE, AND DOES NOT HEREBY MAKE, ANY EXPRESS AGREEMENT. REPRESENTA nON OR W ARRANTI' WITH RESPECT TO THE VEHICLE AND FURTHER SPECIFICALLY DISCLAIMS ANY AGREEMENT, REPRESENTATION OR WARRANTI' IMPLIED BY LAW. INCLUDING ANY IMPLIED WARRANTY OF MERCHANT ABILITY OR FITNESS FOR A PARTICULAR USE. WITH RESPECT THERETO. IT BEING AGREED THAT All.. SUCH RISKS ARE TO BE BORNE BY LESSEE. Lessee will malce any cl:ums as to a velucle agamst the manufacturers or dealer or other appropnale third pnrues Lessor will execute and dehver such insrruments as may be reasonably requested by Lessee to enable Lessee to obuun such benefits If Lessee obtainS an exlended warrant)' or service contract on a vehicle through Lessor or otherwIse, Lessee agrees that Lessor will have no obhgatlon 10 provide me contemplated replllrs and services. LESSEE UNDERSTANDS AND AGREES TIlA T THIS LEASE WIll. BE TREATED AS A "FINANCE LEASE" WITHIN THE PURVIEW OF ARTICLE 2A OF THE UNIFORM COMMERCIAL CODE ("ARTICLE 2.11.") AND THUS UNDER LAW LESSEE WILL BE ENTITLED TO THE PROMISES AND WARRANTIES LESSOR RECEIVES UNDER THE CONTRACT EVIDENCING LESSOR'S PURCHASE OF A VEHICLE, INCLUDING ANY MANUFACTURER OR THIRD- PARTY WARRANTIES. LESSEE ACKNOWLEDGES THAT LESSOR HAS ADVISED LESSEE TO CONTACT A FRANCHISED DEALER FOR THE liNE MAKE OF A VEHICLE FOR A DESCRIPTION OF THOSE PROMISES AND WARRANTIES. INCLUDING ANY RELA lED DISCLAIMERS OR LIMITATIONS, INCLUDING OF REMEDIES. CONSISTENT WITH THE ASSUMPTION BY LESSEE OF ALL RISKS RESPECTING EACH VEHICLE AND THE TREATMENT OF THIS LEASE AS A "FINANCE LEASE," LESSEE W AlVES ANY RIGHTS, DEFENSES AND CLAIMS AGAiNST LESSOR WHICH RELA lE TO A VEHICLE ARISING UNDER ARTICLE 2A OR SIMILAR APPLICABLE LAW 7. LOCATION, INSPECTION AND USE, Lessee will permanently garage each vehicle In Lessee's possessIon and control at the garll!!1ng locallon mdlcated In the Schedule, or at such other permanent garage locallon lO whIch the vehicle may have been moved WIth the prior wntlen consent of Lessor. Lessee will nOl remove a vehIcle from the SUIte where then gar:lged for more than thmy (30 I days or from the forty-eIght (48) conuguous Umted Stales for any penod WIthout Lessor's pnor WOlten consent Whenever reasonably requested by Lessor. Lessee will advise Lessor as to the exact location of a vehicle Lessor will have the nght to Inspect a vehicle and observe Its use dunng noonal bUSiness hours. and Lessee will dehver a vehIcle to a location deslgnated by Lessor In reasonable prOXImity to the - 1 - ~ place wh~ the vehicle is then required to be pennanently garaged for such inspection., Lessee shall comply with all manufacturers insnuctions and warranty requirements and all applicable laws, ordinances, rules and regulations, Includmg weight lmurs and mspections, 8. MAIN1ENANCE AND FACTORY RECAll.. Lessee will have each vehicle maintained by Lessor or another qualified servicing facility in gnod repair, condItion and working order. will be responsible for all parts, mechanisms, deVIces and labor required to keep the velucle in such condition and will be responsible for all operanng costs mcident to the operanon of the vehicle. In the event a manufacturer announces a recall campmgn of whIch Lessee has knowledge for the replllr and/or replacement of defecnve pans, Lessee will promptly have the relevant work perfonned on all affected vehicles by Lessor or a factory authoriZtd dealer. Lessor will send Lessee II copy of any manufacturer's notificanon received by Lessor Indlcanng that a vehicle or any part attached thereto has a potennal defect or other possibly unsafe condItion Lessee waIves additional nonces from Lessor regardmg the same possible defect or other possibly unsafe condmon for all other vehIcles of the same type to which a prior notification penains Lessor has no further obligation with respect to any manufacturer's recall campaign. 9, ALTERA nONS. Without the prior wntten consent of Lessor, Lessee will not make any alteration, additions or improvements to a vehicle winch detract from its econoJ1UC value or function utility, except as may be required pursuant to paragraph 8 Should the Lessee make any approved alterations, they shall restore the vehIcles to it's onginal condinon at the Lessee's expense. 10. TITLING AND REGISTRA nON. Each vehicle titled in Florida will be utled and regIstered by Lessor. Each other vehicle will at all times be titled and, except where not required under apphcable law, registered by Lessee, at its own expense and as Lessor's agent and attorney-in-fact with full power and authority to register (but without power to affect title to) such vehicle, In such manner and m such Jurisdiction or jurisdlcuons as Lessor will direct. Lessee will promptly noufy Lessor of any necessary or advisable retitling anellor re-regIstrauon of a vehicle 10 a jurisdiction other than one in whIch such vehicle IS then titled and/or registered. Any and all documents of title will be furnished or caused to be furnished Lessor by Lessee within SIXty (60) days of the date any tithng or retithng IS directed by Lessor. 1], INSURANCE. Lessee will furnish a copy of self Insurance certificate naming Lessor anellor its designee as loss payee. All such insurance must be m a fonn and WIth insurance companies approved by Lessor, must provide at least thirty (30) days advance written notice to Lessor of cancellation, non-renewal, change or modification in any term, condition or amount of protecuon provided th~in, must provide full breach of warranty protecnon and must provide that the covemge is "pnmary coverage" for the protection of Lessee and Lessor notwithstanding any other coverage camed by Lessee or Lessor protecnng against sil1ll1ar risks. Lessee will assure Lessor's receipt of an origInal policy or cenificate evidencmg such coverage. In the event of an assIgnment of this lease by Lessor of wluch Lessee has nolice, Lessee will cause such msurance to provide the same protections to such asSIgnee as Its mterests may appear The proceeds of such msurance, at the opuon of Lessor, will be applied toward (I) the repair of the applicable vehIcle, (2) payment due under paragraph 13, or (3) payment of any other obligauons of Lessee to Lessor Lessee h~by appoints Lessor as Lessee's attorney-m-fact WIth full power and authority to do all things, mcludmg bUI not lunited to malang claims, receivmg paymenlS and endorsing documents, necessary to make claims and secure payments due under any policy required hereby. In the event of a projected cancellation or a change of coverage not confonrung to these standards, Lessee will procure appropriate substitute coverage not Jess than ten (10) dllYs pnor to the date of cancelllltion, change or modification Lessee will also pay Lessor a $25 service charge for any notice of cancellation Lessor processes. Lessee will notify the applIcable insurance carner and Lessor within two (2) business days of any occurrence which may be the basis of a potential claim under any such pohcy and provide the insurer and Lessor with all data requested penment to such occurrence, THE VAUD AND COLLECTIBLE LIABILITY INSURANCE AND PERSONAL INJURY PROTECTION OF A NY '" U1'HORIZED RENTAL OR LEASING DRIVER IS PRIMARY FOR TIlE LIMITS OF LlABII ,iT. A !\,jt PERSONAL INJURY PROTECI10N CUVERAGE REQUIRED BY n 324.021(7) AND 627.736 nORlDA STATUTES, 12 LOSS AND DAMAGE. Lessee assumes the risk ofloss or damage to a vehicle, and. except as provided in this paragraph, no such event will affect the duties of the parties under this lease. If a vehicle IS lost, stolen, damaged, confiscated, destroyed or othCfWlse rendered incapable of being in service, Lessee will notify Lessor thereof wlthm five (5) business days If the vehIcle has been damaged, Lessor determines the vehicle IS repairable and Lessee's msurer does not declare the vehicle a total loss, Lessee wiu cause the replllrs to be made by Lessor or another qualified repair facihty approved by Lessor, and upon receipt of proof of the malcing thereof Lessor will reimburse Lessee's repair costs up to the amount of any insurance proceeds Lessor receives under any insurance Lessee mamtains hereunder with any excess being applIed as contemplated 10 paragraph 12 If Lessor determines the vehIcle IS not reasonably repairable, Lessee's Insurer declares the vehicle a total loss or any of the other events specified in the second precedmg sentence occurs, Lessee will pay Lessor the .Settlement Value" of the vehIcle set forth in paragraph 14. Upon such payment this lease will temunate as to such velucle and Lessee or Lessee's insurer will be enutled thereto AS-IS, WHERE-IS 13. EARLY TERMINATION SEITLEMENT At any time lifter twelve (12) months from delivery of a vehicle Lessee, upon not less than ten (10) days pnor notice to Lessor and provided the lease is not m default, may surrender such vehicle 10 Lessor at Lessor's office address shown above or at a locauon mutually agreed upon by tlle panies for ~ale by Lessor as more fully set fonh below. Following such surrender Lessor will sell the vehIcle through Lessor's standard wholesale sales procedure for the highest bona fide bId received and open at time of sale, provided that Lessor may choose alternatively to retain the vehicle Lessor may move the vehicle from the locauon where surrendered to any other location, meludIng to Lessor's office locanon shown above where the vehIcle IS relUmed to another locanon, Lessor deems adVIsable andlor clean and repair the vehIcle in connection WIth such sale 10 Lessor's sole dlscreuon If the amount receIved by Lessor on :u:count of such sale or the highest bona fide bid received and open at time of crediting where the vehicle is retained by Leslor, as appropnate, net in eIther 10StaDCe of a handlmg charge of $150 and Lessor's cost of sale, includlOg sales cOl1ll1llssions and costs of c1eanmg. lCp:unng or transporung the velucle IS less than the vehIcle's then Settlement Value, Lessee will pay Lessor the defiCIency LessorwiJl retain any excess proceeds The Settlement Value of3 vehicle will equal the sum of (a) all amounts then owed by Lessee to Lessor. (b) the then undepreclated balance of the "Orig1Oal value" of the vehIcle set forth 10 the Schedule calculated in accordance WIth the finanCIal Accounting Standards Board's Standard NQ 13 utihzlOg the origllul value, tenn, rent (excludmg taxes and mlllntenance charges) and depreCIated value at lease expml!lon and (c) the rema10Ing poroon of the sum of!Wo (2) such rent payments amoruzed on a SU'alght Ime basis over the lease tenn considering only full months e13psed NON-APPROPRIATIONS - In the event no funds or insuffiCIent funds are appropriated and budgeted m any fiscal year for lease charges under thiS Agreement. then Lessee shall Immediately notify Lessor or its assIgnee of such occurrence and tins Agreement shall tennmate on the last day of the fiscal penod for whIch appropnauons were receIved withoul penalty or expense to the Lessee of any kind whatsoever. except as to lease charges or poroons of lease charges herein agreed upon for whIch funds shall have been appropnared and budgeted or are otherwIse available In the event of such tennlOauon, Lessee agrees 10 peaceable surrender possessIOn of the lease vehIcles to Lessor or Its assIgnee on the date of such tennmation. Lessor shall nave all legal and eqUItable rights and remedIes to take possessIOn of the EquIpment - 2 - ~ Notwithstanding the foregoing. Lessee agrees (I) that it will not cancel t1us Agreement under the provisions of this Addendum if any funds are appropriated to i~ or by it., for the acquisition, retention, or operation of the leased vehIcles or other equipment perfonrnng funcl10ns similar to the leased vehicles for the fiscal penod in which such temunatlon occurs or the next succeedIng fiscal period thereafter, and (m that Lessee shall not, during the term of this Agreement, give priority in the appbcation of funds to any other functIonally similar equipment. This paragraph shall not be construed so as to permit Lessee to terminate this Agreement to acquire any other eqwpment or to allocate funds duectly or indirectly to perfonn essentially the same apphcatlon for which the leased veJudes are IDtended, 14, LEASE EXPIRA nON. At lease expiration, the Lessee will sum:nder such vehicle to Lessor at Lessor's office address shown above or at a location mutually agreed upon by the parnes When a veJucle is returned, it will be In good operating order and appearance with all manufacturer recommended servtcing having been performed and will be saleable at wholesale WIthout deduction for conditton Lessee will pay Lessor any amounts it would take, based upon the good faith estimate of a qualified repair person or facility Lessor obtams, to put the vehicle 10 this condition The most common llCJDS of repl11r or replacement for which Lessee IDIght be liable are any of the following whIch would detract from the vehicle's wholesale value: (a) repl11J" of (I) Inoperative mechanical parts including power accessones; (2) dents, scratches, clups or rusted areas or senes of these on the body, (3) mismatched paint or any mark left by special identification, (4) cracks, scratches, pits or chips in the WIndshield, broken wmdows or inoperative WIndow mechamsms or broken headlight lenses or sealed beams; (5) bumper dents or scratches through the chrome or bumpers; (6) broken grilles or dents In the grilles; (J) dents on other mm parts, includmg headlight and tail light bezels; and (8) seats, seat belts, headhning, door panels or carpeung which IS tom or damaged beyond ordiruuy wear and tear or burned; and (b) replacement of. (l) any lire not pan of a matchmg set of 5 tires of equal quality With the onginally mstalled tires (or 4 Wlth emergency "doughnut" spare) or tues Wlth less than 118 inch of tread rernaimng at the shallowesl pomt; and (2) miss10g parts, accessories and adornments, includtng bumpers, ornamentation, aenals, hubcaps, chrome slnpping, rear view mirrors, owo and stereo components and spare tire, Lessee recognizes that if the vehIcle has suffered frame or other substantial damage or if ItS odometer has been inoperative or tampered with, even though the damage or odometer may have been repwred, the value of the vehIcle will be substantIally less than the value of an identical vehicle which has not had frame or other substantIal damage or had an inoperative odometer or one which has been tampered with. Lessee's obligations include thts difference. In addition to any excess wear-and-tear assessment and any past due amounts wl-Jch may be owing on lease expiration as to a velucle, Lessee will also pay Lessor the excess mileage charge indIcated in lite apphcable Schedule for each mile m excess of the allowable mileage also indicated thel-ein 15. LESSOR'S PAYMENT, If Lessee fails to procure or maintain insurance as required herein, to pay any taxes, parlcing tickets or other assessments required to be pwd by Lessee or to perfonn any other obhganon hereunder. Lessor will have the nght, but will not be obligated, to effect such insurance, pay said assessments or perfonn such other obligatIons. In that event, Lessee will reimburse Lessor's cost thereof and pay Lessor a service charge of $25. 16. TAXES. As indicated m the applicable Schedule, any tax on the rent, as the tax amount may change, is due with the rent. If a vehicle ifregrstQed in Florida, the rent mcludes the Florida tags, and the rent may be adjusted annually on nOllce to Lessee to anticipate any change in tag fees of over five percent (5~) Lessee will pay when due or reimburse Lessor for any other official fees and taxes, excluding Lessor's net income taxes, lDlpOSed by any governmental authority m connecuon With tJus lease or the vehicles. If Lessee is tax exempt, this paragraph does not apply, 17. INDEMNIFICATION Subject to the limitatIons of Florida laws, specifically section 768.28, Florida Statutes, Lessee agrees to indemnify, proleCt, defend and hold hannless Lessor from and against any and all liabilities, losses, damages, penalties, claims, actions, suits, costs, expenses and disbuflCments, includmg coun costs and legal expenses, of whatever land and nature, incurred by or assened I'za:::st Lessor (whether or not also indemnified agl11nst by any other person) In any way relating to or arising out of this lease or the manufacture, purchase, Ownership, lieitvery, iease, possession, use, operation, condition, repair, return or other disposition of the vehicles. ThIs indemnification includes vicarious babibty and Slnct bability claims respecting the vehicles, includtng strict liabiltty claims ansing out of events subsequent to the term hereof. Lessee agrees to grve Lessor. and Lessor agrees to give Lessee, notice of any claim or babilny hereby indemnified agamst within two (2) busmcss days ofleaming thereof 18 DEFAULT AND REMEDIES (a) Any of the following will constitute an event of default hereunder: (I) Lessee's failure to pay when due any rent or other amount due hereunder, which failure continues for ten (10) days afler the due date thereof; (2) Lessee's default in perfonning any olher obhgation, teon or condition of litis lease or any other agreement between Lessor and Lessee or defaull under any agreement providtng secunty for the pmonnance by Lessee of Its obbgations hereunder, proVIded such default continues for more than ten (10) days, except as provided 10 (4) below, (3) any writ or order of attachmenl or execullon or other legal process being leVied on or charged against any vehIcle as a result of Lessee's conduct and not bemg released or sansfied wlthm len (10) days; (4) Lessee's failure to comply WIth Its obbgauOl1S under paragraph 12 or any attempted assignment of Lessee's mterest 10 this lease or to a vehicle m violation of paragrapb 21; (5) death orjudlcial declaration of Incompetency of Lessee, if an IndIvidual; (6) the filing by Lessee of a petition under the Bankruptcy Act or any omendment thereto or under any other msolvency law or Jaw proVidIng for the rihef of debtors, Includmg, without limitation. a petition for reorga.'11:'.auon, ar:"'..ngemenl or extension, or me commission by Lessee of an :Jel of bankruptcy; (7) the fihng against Lessee of any such pention not dlsrmssed or pentll11lenlly stayed willtin thlny (30) days of the fihng thereof; (8) the voluntary or involuntary ma!ung of an assIgnment of a substanual ponion of its assets by Lessee for the benefit of crednors, appomtment of a receiver or trustee for Lessee or for any of Lessee's assets, institutIon by or against Lessee or any other type of insolvency proceedmg (under lite Bankruptcy ACl or othelWlse) or of any formal or infonnaJ proceeding for dIssolutIon, liquidation, setllement of claims agl11nst or windmg up of the affl11rs of Lessee. Lessee's cessation of business actiVItIes or the makin~ by Lessee of a transfer of aU or a matenal portion of Lessee's assets or IOvenlory not In the ordinary course of busmess; (9) the occurrence of any event described in parts (5), (6), (7) or (8) hereinabove with respect to any guarantor or other party hable for payment or performance of thts lease: (10) any certificate. statement. representation, warranty or audit heretofore or hereafter furnIshed with respect hereto by or on behalf of Lessee or any guarantor or other pany liable for payment or performance of thIS lease provmg to have been false in any matenal respect at the time as of which the facts lherem set forth were stated or certified or havmg ormtted any SUbStanllal contIngent or unhquidated lIabibty or claIm against Lessee or any such guarantor or aliter pany: (1 I ) breach by Lessee of any other lease or agreement providmg finanCIal accommodation under which Lessee or Its propeny is bound or (12) 11 transfer of effective control of Lessee, if an organizauon (b) Upon the occurrence of a default Lessor may exercise anyone or more of the following remedies (I) Lessor may sue for and recover all amounts then due hereunder and as they thereafter become due; (2) As ltquidated damages for the loss of tile bargatn and nOI as a penalty Lessor may declare due and payable a sum equal to lhe Settlement Value as to any or all vehIcles; (3) Lessor may take possession of any or all vehtcles, without demand or nouce. wherever same may be located, WllItOUt any coun order or other process of law and Without habihty for any damages occasioned by such talung of possession, (4) Lessor may demand any or all vehIcles be returned to Lessor at a locauon contemplated in paragraph 14; (5) Lessor may sell or othelWlse dispose of any or all vehIcles, whether or not in Lessor's posseSSIon, 10 a commerct:lIly reasonable manner al pubbc or private sale and willt or WlthoUl notice to Lessee and apply the net proceeds of such disposal, after deducting all costs thereof, 1Ocludmg, but not bmlted 10, costs of l1'l111sponalton, repossessIOn. storage, refurbishIng. adverusmg and broker's fees, to the Settlement Value of lite respecnve vehicles, in whIch case Lessee will be habie for any defiCiency and Lessor will be enntled to retain any excess, - 3 - ~ , (6) Lessor may JetDin any repossessed vehicles and credit the reasonable value thereof, after deducting all disposition-related costs incurred to the date of crediting, to the Settlement Value of the respective vehicles, 10 winch case the same defiCIency and excess proceeds rule will also apply; (7) Lessor may tenninate this lease as to any or all vehicles on notice 10 Lessee, and (8) Lessor may pursue any other remedy at law or in eqwty. No right or remedy conferred herein is exclusive of any other right or remedy conferred herein or by law; but all such remedies are cumulative of every other nght or remedy conferred hereunder or at law or In eqUIty, by statute or otherwise, and may be exercIsed concurrently or separately from time to time, 19. LESSOR'S EXPENSES Lessee win payor reimburse Lessor for all costs and expenses, including repossession, vehicle disposition and court costs and attorney's fees (including a reasonable fee for services of salaned counsel employed by Lessor), not offset against amounts recovered or credllcd as contemplated in paragraph 19, incurred by Lessor In exetClsing any of its nghts or remeches hereunder or enforcing any of the terms, conditions or provisions hereof This obhgation includes the payment or reimbursement of all such amounts whether an action IS ultimately filed and whether an action filed is ultimately chsmissed. 20. ASSIGNMENT; LlENS. Without the prior written consent of Lessor, Lessee will not. (a) assign or otherwise transfer any of Lessee's rights or obligations under this lease, (b) sublease or lend any vehicle to any party or transfer any other inrerest In a velucle to any party or (c) permn a vclucle or this lease to be subject to any lien. charge or encumbrance of any nalUre not created by Lessor. Consent to any of the foregoing prohibited acts apphes only In the given InStance and is not a consent to any subsequent like act by Lessee or any other person. Lessee's rights hereunder are not asSIgnable and cannot be assigned or mmsferred by operation of law, All rights of Lessor hereunder and in and to the vehicles may be assigned, pledg~, mortgaged, transferred or otherwise disposed of, either in whole or in part, without nOUce to Lessee but always, however, subject to the nghts of Lessee under this leaf.e. If Lessee is given notic~ of any such assIgnment, Lessee will acknowledge receipt thereof in writing and will thereafter pay any amounts due hereunder specified in said notice as dIrected therein. 10 the event Lessor assigns t1us lease or the rent due or to become due hereunder or any other interest h~in, whether as security for any of Its mdebtedness or otherwise, no breach or default by Lessor hereunder or pursuant to any other agreement between Lessor and Lessee will excuse performance by Lessee of any provision hereof, It bemg understood that In the event of default or breach by Lessor that Lessee will pursue any nghts on account thereof solely against Lessor, that the rights of the assignee will be free of any claim or defense Lessee may have against Lessor and that Lessee will not assert against the assignee any claim or defense Lessee may have against Lessor. Without luniting the generahty of the foregoing, the nghts of an assignee will not be affected by any claIm Lessee may have agamst Lessor resulting from Lessor's rejection of the lease in a bankruptcy proceedmg or Lessor's interference WIth Lessee's quiet CIJoyment of any vehIcle No such assignee will be obhgated to perfonn any duty, covenant or condition required to be performed by Lessor under the tenns of thIS lease. Subject always to the foregoing, this lease inures to the benefit of, and IS bindmg upon, the heirs, legatees, personal representatives, successors and assigns of the parnes hereto. 21, ADDITIONAL DOCUMENTS If requested by a parry, the other party will procure and deliver to the requesting party such documents as the requesting party may reasonably deem necessary or desiroble In ::onnectlon with this lease. WIthOUt brnillng the genemlity of the foregOIng. Lessee will furnish Lessor (a) a fiscal year end financial statement mcluding balance sneet ana profit and loss statement witlun one hundred twenty (120) days of the close of each fiscal year, (b) any other infonnation nonnally proVIded by Lessee to the public (c) prompt notice of any change In Lessee's name. orgaruzational structure, ownershIp or finanCIal condition and (d) such other finanClnl data or Information relative to tillS lease and any vehIcle as Lessor may from time to time request. 22. LESSEE'S W ARRANTIES; SUBSIDIARIES. Lessee represents and warrants to Lessor that this lease and each request to Lessor to lease Lessee a vehicle hereunder will have been duly llulhorized, and when this lease or any relllled document has heen executed and dehvered by Lessee, such document will constitute the legal, valid and bIDding obbgation. contract and agreement of Lessee enforceable against Lessee in accordance with Its tenns. Each person execulJJlg t1us lease. a Schedule or any other related document on behalf of Lessee Wamtnts and represents that such person has been duly authonzed to do so Lessee further certifies and warrants that the financial data and other information whIch Lessee has submitted, or will submit, to Lessor is, or will be at the Ume of delivery. as appropnare, a true and complete statement of the matters therem contained Each vehIcle delivered m conjunction herewith by Lessor to a subsidIary of Lessee or to any otherenuty or person designated by Lessee, whether at the request of Lessee, such subsichary, entity or person, will be a vehicle for all purposes of this lease, and Lessee will be and remam primarily bable for Its obbgauons under this lease With respect to such vehIcle. 23 GENERAL No covenant or condition of this lease can be waived except by the wrinen consent of the pany whose rights are affected Forbearance or mdulgence by a party In any regard whatever will not consOlUte :l witive. of the COVt'lll1nt or condiuon 10 be performed by the other p:my, and. unlll complete performance by said party of sllid covenant or conch bon, the party to which the perfonnance is owed will be entitled to invoke any remedy available 10 that pany despite such forbearance or indulgence. ThIS Instrument constllUtes the entire agreement between Lessee and Lessor respectlIlg the lease by Lessor to Lessee of the vehicles, and It can be amended, altered or changed only by n wntten agreement sIgned by the party to be bound. Notices under t1us lease will be sufficlenr if In wntlng and given personally or mailed, U.S. mail certified postage prepmd or sent by overnIght couner, to the pliny involved ar Its respective address set forth above or al such address as such party may proVIde from tune to time on nouce given as provided In t1us paragraph Any such nouce so addressed will be effective., If mailed, when deposited In Ihe Umted States mati with posUlge prepaid or, if sent by couner, when dehvered to the couner With the courier's fees committed. Notices personally dehvered will be effectlve upon dehvery Whenever the context of thlS lease requlIes. the Singular number tncludes the plum! if there IS more than one Lessee named m this lease, the habibly of each will be jomt and several. The ti ties to the sections of t1us lease are solely for the convenIence of the parties and are not an md ID the Interpretauon hereof. Time is of the essence of this lease and each and all of Its provIsIons This lease will be governed by the mremal law of Flonda excludmg lhat SUIte's confuct laws Venue for any related action will be in an appropnale co un ID Orange County. Florida or m another venue selected by Lessor havmg junsdlCtlon over the parties or subjecl of the litigation. EACH PARn" HEREBY WAIVES RIGHT TO TRIAL BY JURY IN ANY ACTION RELATED HERETO. -4- AGENDA ITEM NUMBER: ~;::}.. CONADENTIAl AGENDA REQUEST Request to be placed on: X Consent Agenda Regular Agenda Workshop Agenda _ Special Agenda When: December ~ 2004 Description of agenda item (who, what, where, how much): This is the annual lease of six (6) vehicles to support undercover operations by the Department's Vice, Intelligence & Narcotics (VIN) Unit. Mears Motor Leasing of Orlando currently holds the lease and we recommend staying with them. Annual cost to lease six (6) vehicles is $42, 840.00. Funding is available in Account # 001-2115-521-44.40. ~epartmCDt Head ~ L--- SlgDature: ,.,., City Attorney Review/Recommendation (if applicable): BUdget~_ ~uired on aU itCD18 involving expenditure oCftmds): 111.......... vJ ~ Funding Available: .Yes r No Initials: Account Number ~f)/-~/I$ -5-2 J-I/"I. c/D Description ~ J.-.r i;;, ""-/ ~ ()" ~J-../ /~h U/ Account Balance: 111/./iJ.. 0 {JJ:f h /'~u../$ ""-<.1 /.0 ~.:l.3'1Sj I Funding Alternatives: (if applicable) City Manager Review: Approved for Agen~/ No Initials: ffJ/1- ! Hold Until: Agenda Coordinator Review: Received: City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M www,mydelraybeach com TO: David Harden, City Manager FROM: V' M' Jf . M lctor aJten)'l, onstructlOn anager SUBJECT: POLICE DEPT. HURRICANE SHUTTERS, FIRST FLOOR (pIN 2005-012) Commission Agenda Item, Contract Award DATE: NOVEMBER 29, 2004 Attached is an Agenda Request for City Commission to approve the purchase and installation of "storm shield hurricane barriers" to the remaining 35 openings on the Police Department Headquarters first floor. The purchase award is to Exeter Architectural Products in the net amount of $43,815.77. On July 8th, 2003, City Commission approved the award to Exeter Architectural Products in the amount of $49,736,39 for 41 openings on the second floor of the Police Department Headquarters under SNAPS Agreement #1502177-2. This new sole source purchase will be through the state's Statewide Purchasing Subsystems (SPURS) agreement under the Department of Management Services, agreement #1502177-4. The award also includes the removal of two accordion shutters on the north wall of City Hall at Planning and Zoning and the installation of two storm shield barriers to these windows. The cost of the work at City Hall is $3,863.14 and the work at the Police Department is $39,952.63. A copy of the quote is attached. Staff recommends award of purchase to Exeter Architectural Products in the amount of $43,815.77 for the installation of the Strom Shield Hurricane Shutters at Police Headquarters, PIN 2005-012. Funding is available from 334-6111-521-62,10, General Construction Fundi Buildings. cc: Richard Hasko, Director of ESD Larry Schroeder; Police Chief Randal KreJcarek; City Engineer Rafael Ballestero, Dep Dlr of Construction Tina Lunsford, Ass!. Dlr Support Services, P.D Agenda File; 12/06/04 File 2005-012(A) S \EngAdmm\ProJects\2005\2005-012\CONSTRCliagda memo Exeter Shutters 120604 doc 2s\-.J, ~ 570 693 2575 P.l<ll NOV-08-2004 04:23 PM EXETER Exeter Architectural Products 243 West Eighth St., Wyoming. PA 18644 800.972.2478 FAX 570.693,2575 Storm Shield Hurricane Barrier Quote Proposal Project: DBLRA Y BEACH POLICE DEPARTMENT / CITY HALL Ref. No. ZZ 110204] ~o Location: llB!ST FLOOR Date: 11/8/2004 Attn: VICTOR MAJTENYI BUILDING MAINTENANCE SU~ERVISOR Phone: 561-243.7320 Customer: CITY OF DELRA Y BEACH Fax: 561-243.7314 434 S. SWINTON A VENUE DBLRA Y BEACH, FL 33444 . .ltREVISlI!::. an. OPENINGS PROTECTED WITH" ~TORM SHXELD HURRICANE BA.RJUEBS GLOPENINGS ~ROTECTED WITH ACCORDIAN SHU'ITERS Notes: . Storm Shield Hurricane Barrier' System . Pric:e does not include ally Florida state or local1.a"c:s or pel'mits . for terms see last sheet POLlCE DEPARTMENT Material Total! $] 6,315.10 Accordian Shutters (Installed) $4,000.00 MountinK Tubes $3,158.06 Installation $12,l1S.51 Engineering $1,000.00 Forming & Assembly $1,710.10 Packing & Freight 51.553.66 Total 539,952.63 CITY HALL (2) ol~eninKII Material Totals 51,100.06 Mounting Tubes $1 7~.63 Add Custom Color $1,231.40 Storm Shield Installation & Removal of existing Accordhms $1,080.05 Packaging {both Jobs must ship together!} $17!.OO Total $3,863.14 I-altern; Invisi-Per'f#2 Frame Color: Standard (Bronze, White or Clear Anodized) 14 G.I Thickness Perf. Color: Black Suede (Galv!lnealed) Orillinl4ed by: JBY Kush -- ---- Agenda Item NO,~ .3 AGENDA REQUEST DATE: November 29,2004 Request to be placed on: --L Regular Agenda _ Special Agenda _ Workshop Agenda When: December 6,2004 Description of item (who, what, where, how much): Approve a purchase agreement under to state's Statewide Purchasing Subsystem (SPURS) with Exeter Architectural Products for the purchase and installation of "storm shield hUrricane barriers" to the remaining 35 openings on the Police Department Headquarters first floor, The purchase award IS in the net amount of $43,815,77. Funding is available from 334-6111-.521--62,10, General Construction Fund/ Buildings ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Approve a purchasing agreement with Exeter Architectural Products to purchase and install hurricane storm shutters to the Police Department Headquarters first floor, Department Head (?tiJ( .~ I/.lfL~f Signature: Determination of Consistency With Comprehensive Plan: City Attorney Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding available~/NO Funding alternativ (if applicable) Account No. & Description See above O/J 4fJ II ~ cf Account Balance See above ~ .,~ 1)00 '-hi 0 City Manager Review: @ Approved for agenda: E 0 Pi Hold Until: Agenda Coordinator Review: Received' Placed on Agenda: Action: Approved/Disapproved file 2005-012(A) S \EngAdmm\ProJects\2005\2005-012\CONSTRCT\agnd req Exeter Shutters 1206 04 doc City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: David T. Harden City Manager FROM: C. Danvers Beatty, P.~ Deputy Director of Utilities DATE: November 30, 2004 SUBJECT: PURCHASE OF TEN TRAILERS FOR PORTABLE GENERATORS Attached is an Agenda Request along with a quote for the purchase of ten trailers from Cantway Trailer Mfg., Inc. to convert the recently purchased skid mounted generators for portable use. Only two quotes were received for this purchase, one from Cantway Trailer Mfg., Inc. and one from RaySide Truck & Trailer. The quotes are as follows: RaySide Truck & Trailer $27,750.00 Cantway Trailer Mfg., Inc. $23,950.00 Based on the lower price I am recommending award of the purchase to Cantway Trailer Mfg., Inc. Funding is from Account #441-5161-536-64.90, Other Machinery and Equipment (budget transfer attached). I acceptable please place the item on the December 7, 2004 Agenda for consideration by City Commission. CDB/cdb Att: cc: Richard C. Hasko, Director of Environmental Services Bob Bullard, Maintenance Manager City Clerk Agenda File S:\Environmental Services\Dan Beatty\04Nov30-Cantway Trailer.mem doc ~N~ Cantway Trailer Mfg. Ine, Estimate 3860 North Federal Highway ,--- I ~m-l Delray Beach, FL 33483 ~ OMe I Suite 600 '-';~13n~l4 j (561) 737-4999 - (56}) 243-2499 212 , -----..-. -- Name/ Addr... ,---- - . City ofOelray i ROBERT HULl.ARD 12~3-7)06 '2.:l:\-7344 FAX ! ~ ,-- -..- -- -----., -~_._- - . _.----J r-' ~-- ...... Project I ~.-. .. ... j f-' -,--.. ----....---. ~w__,.._. -- --.--- R~ -J- Oescnptiol\ Qty Tol8J ~ r J}r~AO(}1N c:iOO'!RATOR TRAn:ER-.-----.- - --- 10 2,'" 00 I V,1)5/) (/C/T 5 FO<H X \0 FOOT UED I I TANIWM AXtl\ 2/S200 L8 DROPPED AXLES J.(.f.(' I'RIC RRAKfS AlL 4 WlW~LS WI BR'F..AY.AWAY 'DIAMOND PI.AfE STF..EL fLOOR I I I SPARE TIRE MOUNTFD TO TRAILER WNCitJl;-: JACK , MU.n MY COUPLER WISAfETY CHAINS I I 7 W ^ Y E!LECTRlCAI. PLUO 4INClfSIDE~ALI. THE WAY AROUNODECK I ^PP~()XIMAn:(.V SSOO LB, CAPACITY I I I I I I I I I I ___L I I I I ~Pl.lII~1l ra;~~ ~bc;ve ;~~ - - 1__ -.-\ l Subtotal :m.~_~~ .,.--- .- -_. --.- ..---. - ..-- .--- ... -- --- Sal.. Tax SU~J -- ----- Total S23,9~()_~1 . .._~- - - ~() I City of Delray Beach I I Maintenance Division I To: RaySide Truck and Trailer From: Robert Bullard Maintenance Manager 434 South Swinton Ave. Delray Beach, FLA 33444 Tel: 561-965-7950 Tel: (561) 243-7306 Fax: 561-965-7998 Fax: (561) 243-7344 Please quote on the following material, include shipping / handling / delivery and all other costs. Quantity Description Ten (10) Trailers (To mount generators) ~ Double Axle, drop w/14" tiresfrims Electric Brakes / w break away features Spare Tire, Trailer Jack, Chains, etc.... 6><10 10 ~ lights / wiring to match City vehicles Military Style hitch ~ 1.. '1 ,"19) ei) (3) ,...~><.tO S'x 10' Diamond Plate 4" curb for containment 5'1.10 := :J'(1 '15.(eA ") (0'1.10 0::: P~~~.C0) 101812004 10:37 , . Agenda Item No. 8 N'c-\' AGENDA REQUEST Date: November 30, 2004 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: December 7, 2004 Description of item (who, what, where, how much): Staff requests Commission Approval of the purchase of ten trailers from Cantway Trailer Mfg., Inc. to convert the recently purchased skid mounted generators for portable use. Total amount of this purchase is $23,950.00 and will be funded from Account # 441-5161-536-64.90, Other Machinery and Equipment. ORDINANCE/RESOLUTION REQUIRED: NO DRAFT ATTACHED NO Recommendation: Staff approval of purchase from Cantway Trailer Mf ., Inc. Department head signature: \~~.~+ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable) : Budget DirectOr ~eview (required on all items involving expenditure of funds): t1. W~~ - F'ufiding available: @NO Funding alternatives . (if applicable) , Account No. & Description lJ./S Ft!, /f,~:kJ;Jttl!(;4.) /Mi<JU"MAJ.1.~ l~ Account Balance! .2.? 1.;D &.>:1-/ -r;i6..J.,. / (/ I :::::) City Manager Review: Approved for agenda: AE'S)NO f{:(J,1 Hold Until: ~ ~~ Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved S:\Environmental Services\Dan Beatty\04Nov30-Cantway Trailert.ag.doc City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M www.mvdelravbeach.com TO: David T. Harden City Manager FROM: Dan Beatty, P.E. ~ I -3 Deputy Director 0 IIc Utilities DATE: November 30, 2004 SUBJECT: Mechanical Rehabilitation of Lift Station 14 Attached are an Agenda Request, Location Map and Quotation for mechanical rehabilitation of Lift Station 14 from Murray Logan Construction, Inc. The base plates, pump rails and mounting brackets are deteriorated and require replacement. Additionally the top slab is below adjacent grade level and will be raised as part of this work to prevent inflow from storm water into the station. The quote is based on unit prices outlined in Murray Logan's continuing maintenance contract with Northern Palm Beach County Improvement District. The quote from Murray Logan Construction, Inc. is for $19,000.00 and will be funded from 442-5178-536-46.90, Other Repair & Maintenance. Please place the item on the December 7, 2004 Agenda for consideration by City Commission. Attachments cc: Richard C. Hasko, P.E., Director of Environmental Services Bob Bullard, Utilities Maintenance Manager Jackie Rooney, Purchasing Manager City Clerk Agenda File S \EnvlI'Onmental Services\Dan Beatty\II-30-04 Murray Logan Agenda mem doc 3N;S- """ Q ~ ~ >;.. Y.lz ~ ~ ~ POINSETIIA ID < I( ~"'l C& ~ = ~ :5 :I z t ~~ ... ~ \IS '" O:t ~ Sf 11TH RD LEWIS COVE RD ;; ~ STERLING AV : ~ ~ "'~1Il ~ ~~ ~ ~ IROOKS lA ~ > 0- ~~ ~~~ < ~ ~ ~ WHITE DR ~\ ;,. ~ ~~ ~ ~ RHODES VILLA LA 'c: I4J EXOTIC DR ... lMIN AV ~('. ~ DEL HAVEN DR 0 ! lit Q > nON BLVD LINTON Bt VD ; E LINTON BLVD E UNION BLVD ~ ~ = I ~ z <'", ~ MCClEARY SI .( Y.I .&u U (t'~ ... 0 :$ EVE 51 .z ; 0 EVE SI ~ r. < lIJ rft TROPIC 81 VD ,;I ;:I lit {II " 0 "" SITE .. ~ JIS )I BOLENDER DR ~ ... ~ BERMUDA GARDENS RD HeIR LA VERS elR ~ = w )J ::c ALAMANDA DR ... . ~ ). ... -4~ I( :lilt Cl ~ = '-""" BANYAN DR OSPREY SI ~ = .." III I : - Z CYPRESS DR 0 510 1020 1530 2040 ft ~ u.. O~ City of Delray Beach ~() Location Map Lift Station 14 Environmental Services Department Mechanical Rehabilitation . MURRAY LOGAN CONSTRUCTION, INC General Contractors 313 65TH TRAIL NORTH E:>.:cellence WEST PALM BEACH, FLORIDA 33413 TELEPHONE (561) 686-3948 SInce FAX (561) 686-7465 1968 August 30, 2004 Attn: Mr.Clayton Gilbert City of Del ray Beach 434 S.Swinton ave. Delray Beach, F1.33444 Reference: Pump Station # 14 "Rehabilitation" Dear Mr. Gilbert: Per our recent site visit and upon your request to refurbish the above reference project, Murray Logan Construction, Inc. submits the cost proposal for your review. Please note that this proposal follows our annual agreement contract with Northern Palm Beach County Improvement District and the City of Delray Beach can piggy-back off of this contract if it chooses. In closing if! can be of any further assistance to you, please do not hesitate to call me. ~ Bruce G. Smith Senior Project Manager Attachments # . . . MURRAY LOGAN CONSTRUCTION, INC Phone:S61~3948 General Contractors Fu:S61~746S 313 65TH Trail North West Palm Beach, FL 33413 QUOTATION DATE: 10/11/04 TO: City of Delray Beach ATTN: Mr. Clayton Gilbert NAME OF PROJECT: Pump StItioa #14 LOCATION: Del Harbour Dr.! AlA PLANS & SPECFICATION: City ofDelray Beach WE PROPOSE TO FURNISH ALL LABOR. MATERIAL AND EQUIPMENT TO PERFORM THE FOLLOWING: 1. Mobilize. = $3SOO.00 2. Furnish &. install bypass pump.:: $5000.00 3. Furnish &. install precast top slab for wet well &. valve vault. =$2500.00 4. Mstintenance of traffic. =$500.00 5. Furnish vac - ttuck.=$600.00 6. Furnish &. install stainless steel base pJates.=$5OO.00 7. Furnish &. install asphalt for road restomtion. =$3200.00 8. Repair concrete floor in wet well if required. =$500.00 9. Ins&aIl owner furnished pumps. guide-rails &. brackets. =$2700.00 Onmd Torat = $19000.00 Exclusions: pennitting, electrical MURRAY LOGAN CONSTRUCTION, INe CANNOT GUARANTEE OR BE RESPONSIBLE FOR ROCK BASE WORK CONSTRUCTED BY OTHERS. BUYER'S SIGNED ACCEPTANCE WILL CONSTITIJTE A BINDING CONTRACT. IN THE EVENT THERE IS ANY DEFAULT IN PAYMENT DUE UNDER TInS CONTRACT AND THE SAME IS PLACED IN THE HANDS OF AN ATIORNEY FOR COLLECTION, THE PURCHASER AND/OR PURCHASERS HEREBY AGREE TO PAY ALL COST OF COllECTION, INCLUDING REASONABLE ATIORNEY'S FEES. ACCEPTED: BRUCE G. TITLE: PROJECr MANAGER DATE: ~~~s- AGENDA REQUEST Agenda Item No. Request to be placed on: ~ Regular Agenda Date: November 30. 2004 _ Special Agenda _ Workshop Agenda When: December 7. 2004 Description of item (who, what, where, how much): Staff requests Commission Approval of a quote from Murray Logan Construction. Inc. for mechanical rehabilitation of Lift Station 14. The quote is based on unit prices outlined in Murray Logan's continuing maintenance contract with Northern Palm Beach County Improvement District. The quote from Murray Logan Construction. Inc. is for $19.000.00 and will be funded from 442-5178-536-46.90. Other Reoair & Maintenance. ORDINANCElRESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends approval of the quotation from Murrav Logan Construction. Inc. Department head signature: ae .~, If. 30. 0'1 Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: ~/NO ~ f1}} Co<.L WcJ'f--e...-...J Funding alternatives ~f applicable 1 Account No & Description ~~!J~~'- S 3t-'l(.1/) W{ $ _ ;<Ie ~ M . Account Balance #' II f .;z... ~ A ~ fy~ f~-I (!os:/-. City Manager Review: ~ Approved for agenda: ~O t1 Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: ApprovedJDisapproved S'\Envlronmenlal Servlces\Dan Beally\II-30-04 Murray Logan agenda.doc ~ [IT' DF DELIA' IEA[H DELRAY BEACH fOR I [l A tdtd 100 N.W. 1st AVENUE DElRAY BEACH, FLORIDA 33444 561/243-7000 AII.America City , III I! 1993 MEMORANDUM 2001 TO: David T. Harden, City Manager FROM: Rex Taylor, Assistant City Manage~ DATE: December 2,2004 SUBJECT: Parking Lot Lights for Miller Park Most of the parking lot lights at Miller Park were destroyed as a result of the two hurricanes or the debris clean up work that took place in the parking lot. We have taken this opportunity to replace the lights with a lumen level that will allow the public to feel safe and keep vandalism to a minimum. The new layout will have 8 poles with a 25 foot mounting height and a total of 12 pulse start metal halide fixtures which will provide an average lumen level of 2.90. This will provide the same type of white light as exists on the ball fields. The proposal by American Lighting Maintenance, Inc. is based on their contract with the Palm Beach School Board and includes $14,539.40 for the underground installation and $14,181.60 for the installation of poles and fixtures for a total price of$28, 721.00. It is recommended that this be paid for out ofthe recreation impact fee fund surplus. A portion of this total should be reimbursed from the Federal Emergency Management Agency. Attached please find a copy of the proposal from American Lighting and a reduced copy of the photometric layout. If acceptable, I would ask that this item be placed on the next City Commission agenda for consideration, so we can keep this project moving and reopen the park. RT/dr c: Joe Weldon, Parks & Recreation Director Joe Safford, Finance Director Bob Barcinski, Assistant City Manager v \Taylor Rex\MllIer Park Lights doc V.Rangel @ Printed on RecyclfKl Paper THE EFFORT ALWAYS MATTERS 8W4~ 113/1:=:/:=:004 ~~: ::4 5t,171:=:4715 ESLSI PAI3E o:=: ~UUW@~@ ~ AMERICAN LIGHTING MAINTENANCE,INC 674 NE Owls Nest Court Port Saint Lucie, FL 34983-3518 , (561) 689.4854 , 1 8121-8 i Fax (772) 343-7665 I I BILL TO. SHIP TO: CITY OF DELRA Y BEACH ICITY OF DELRA Y SEA H PARKS & RECREATION DEPT. iMILlER PARK NEW UG TING 50 NW 1ST AVE 'IN PARKING AREA ~ t,A.,.... 0 '2Lr DELRA Y BEACH. FLA.33444 561-243-7251.FX.243-7346 ~V-- i : r:; ~~-..J-? ~ ;,- - 'tb6 ';-J..L~ .. . PO NUMBER I TERMS REP SHIP VIA : F.O.B. ......-.-- .-.....- ! PROJECT . QUOTE Due On Com... GCT I 12/6/2004 BES W Y SITE 3 . ....--.._~ --"- -. - ---...., - .~ QUANTITY ITEM CODE DESCRIPTION PAICE E CH AMOUNT _.- -.........-.--..... .-"'" 1 Quote FURNISH AND INSTALL (8) 32'; 14.181. 14,181.60 o A.L. SQUARE TAPERED CONCRETE POLES WITH 2 3 INCH TENON AT THE TOP EMBED BUTT END OF EACH TO A DEPTH OF 7' BELOW G FURNISH AND INSTALL #10 COPPER CONDUCTORS WIT EACH POLE AND CONNECT BRANCH CIRCUIT AND LIGHT FIXTURE MOUNTED AT TOP. FURNISH AND INSTALL (1) 40 WATT PULSE START METAL ! HALIDE FIXTURE AT THE TO (4) POLES AND (2) 400 WA PULSE START METAL HALlD I FIXTURES AT THE TOP OF TE I REMAINING (4) POLES AS SOWN I IN ATIACHMENT "A". CONN T I I SAME TO THE BRANCH CIRC IT WIRING PROTECT EACH FIX URE I WITH A KTK STYLE FUSE SIZ D ! , APPROPRIA TEL Y ~. I l. I I l .-- .....-- THANK YOU. GEORGE C. TURENNE PRES Page 1 TO AL -- ~R':lDU('T ' ). \')..,r... ..I~E' WI)'" :I ~ti8 l:r..l\iEJlrE" NF:6S To ReortJ,:,1 .,.600_225-6380 01 v./Ww nQb~ '....'-.1'1 -R'~trt:(, 1'\..1 I' ~~.o, . . --- - -- -- ---------~ 10/1-::'/ -::.mJ4 -::.-::.: ::4 56171-::'47H, ESL'3r F'AICiE 0:: , ~[[}W@~@ ~ ~ AMERICAN LIGHTING MAINTENANCE, INe 674 NE Owls Nest Court DATE INVOICE tt Port Saint Lucie. FL 34983-3518 ~ 11 17/2004 8121-B (561) 689.4854 Fax (772) 343-7665 BILL TO: I SHIP TO: CITY OF DELRA Y BEACH CITY OF DELRA Y SEA H PARKS & RECREATION DEPT, MILLER PARK NEW L1G TING 50 NW 1ST AVE . IIN PARKING AREA DELRAY BEACH. FLA.33444 561-243-7251 FX,243-7346 , I :? . - --~-- 'or rl> - ~-- - PO, NUMBER TERMS SHIP VIA t FOB PROJECT __ ---0..- __ --~ --- QUOTE I !GCT : Due On Com.. i 12/6/2004 SITE I -_.-.- -- QUANTITY ITEM CODE DESCRIPTION PRICE E CH AMOUNT --..... ~...... -- TERMINATE EACH BRANCH CIRCUIT CONDUITS WITH-IN CH POLE IN-GROUND JUNCTION OX AND EACH PVC J-BOX. MAKE UP BRANCH CIRCUIT F ED CONDUCTORS TO EACH UG TING ! POLE CONDUCTORS WITH-' PVC ! I J-BOXES AT THE BASE OF H POLE WITH CONNECTORS SITED FOR THE PURPOSE, PROVIDE STRUCTURAL ENGINEERING CERTIFYING 8 RIAL DEPTH, DRAWINGS FOR ELECTRICAL LAYOUT, CUT SHEETS AND PERMITS WITH N (2) WEEKS OF AWARD OF BID. I THIS IS A TURN KEY PROJEC i DESIGNED TO MEET FEDER STATE AND LOCAL CODES F THIS DISCIPLINE OF ELECTR WORK TOTAL PRICE COMPLETE $14181.60 I i --- ,- J_....___ - THANK YOU, GEORGE C TURENNE PRES. Page 2 TO AL ...--- .~--- --" -~ - l:'I:IDLhJCT "30551'" I ~Ii \tit ~''''i ~JlJd Er<ll..':::, ,"lP,:" ''''EElS T\""" f-I:"'-Jrdor 1 -oOO-22S-f\,,~O Qr W,,",,"'v 1~<fb'3 Gcwn PRI"J'1' ED I~J I) 'S .. . '. . -- ---- 10/1:=:/:=:004 ~~: 34 SE-l 71:=:471 E- ESLSI PAI:iE 04 ! ~CfUW@)~@ A i ~ AMERICAN LIGHTING MAINTENANCE, INe 674 NE Owls Nest Court DATE INVOICE # Port Saint LucIe. FL 34983-3518 (561) 689-4854 1 /17/2004 8121-B Fax (772) 343-7665 BILL TO- SHIP TO: CllY OF DELRA Y BEACH :CITY OF DELRA Y SEA H PARKS & RECREATION DEPT :MILLER PARK NEW LI TING 50 NW 1ST AVE 'IN PA.RKING AREA DELRAV BEACH, FL.A33444 561-243-7251. FX.243-7346 >- PO NUMBER ~. ._!ERMS I REP -: SHIP r--VIA : F.O,S I PROJECT i _.......- ......,...,.....-- , ." .... -- -~ I I I BES . WAy QUOTE i ~ue On Com... !GCT : 12/6/2004 SITE - .- -~_.- QUANTITY ITEM CODE DESCRIPTION AMOUNT ..- -- ----~ TERMS, 50% DEPOSIT WITH ISSUANCE OF PURCHASE 0 OER, BA.LANCE UPON COMPLETIO SATISFACTORY FINAL INSPECTION_ THIS BID IS IN ACCORDANCE PALM BEACH COUNTY SCHO BOARD CONTRACT #01C-23 Matenals only 6.00 0 0.00 , , -.- +---- - THANK YOU, GEORGE C TURENNE PRES $14,181.60 ! TO AL Page 3 .L___. --. - - ---- - "F1i'l0l1{ .,. 1 "j~5M I 'SE w. r... y)l,., EN.....ELOPE NEBS. To Rooflj~ '-800-:;~"-o360 or ww.... ~ com PRIHT!:C'Ip... 1";'- . . ------ Hl!1~!~13134 ~~: ::4 5E,171~47lE, ESLSI PAI3E 135 ~DUW@~@ A ~ AMERICAN LIGHTING MAINTENANCE, INe 674 NE Owls Nest Court t DATE INVOICE # Port Saint Lucie, FL 34983-3518 I I (561) 689.4854 1 23/2004 8123-B Fall (772) 343-7665 i , BILL TO: SHIP TO. CITY OF DELRA Y BEACH tTY OF DELRA Y SEA H PARKS & RECREATION DEPT. ILLER PARK NEW UG TING 50 NW 1ST AVE ilN PARKNG AREA OELRA Y BEACH, FLA 33444 561-243-7251. FX.243-7346 /~/ f /,; A-U-Pvt/ :> L s::: /t.4-Y( .hJ. ~ .. I '-i REP I ---...... PO NUMBER TE~MS SHIP VIA FOB. PROJECT "- .- I .--~ ~ --~- p.#.J' Due On ~"om~GCT i ~ QUOTE 12/6/2004 SITE ~ i --..- .. - QUANTITY ITEM CODE DESCRIPTION PRICE E CH AMOUNT .. --- --..._,- """'" -~~.. .- 1 Quote PRICING TO INSTALL CONDU AND 14.539.4 14,539,40 APPROPRIA TE MATERIALS A MILLER PARK PARKING AR ilN I ORDER TO PREPARE FOR A EW LIGHTING SYSTEM. INCLUDE ALL NECESSARY MATERIALS FO A COMPLETE UNDERGROUND PIPING AN D WIRING SYSTE .. BACKFILL AND COMPACTION, PIPE,WIRE/JUNCTION BOXE PERTINENT. MATERIALS AN LABOR I I Quote FURN1SH AND INSTALL (1) ! 000 ! IN-GROUND JUNCTION BOX THE ; BASE OF EACH POLE. FURNISH AND INSTALL (1) P J-BOX WITHIN EACH IN-GRO JUNCTION BOX, WITH-IN EACH IN-GROUND I i JUNCTION BOX. FURNISH AN ; I INSTALL (1) 5/8 X 8' GALV. G ! ROD, ATTACH POLE COURSI CONDUCTOR AND BRANCH ! I CIRCUIT BONDING CONDUC I THE GROUND ROO WITH I i APPROPRIATE CLAMP ; ! - .t ~~ - Page 1 AL -. - ....---~ - - --- - - .- PAOOU("T'JOO~"" 'J8E ,^.,...~ q\'l" I:t4Ve_OPE NEBS TC' Fi'li'k>r4or 1 ~600-~2.!'-6."380 0(' '^'''''w ll~ I~OITl C':::II.lT6'(; INvdA . .; 10/1-::'/-::'004 ~~: ::4 5E,171-::'471E. ESLSI PAI~E OE. ~UUW@)~@ ~ ~ AMERICAN LIGHTING MAINTENANCE, INC 674 NE Owls Nest Court DATE INVOICE # Port Saint Lucie, FL 34983-3518 (561) 689-4854 1 /23/2004 8123-B Fax (772) 343-7665 BILL. TO: SHIP TO: CITY OF DELRA Y BEACH ICITY OF DELRA Y BEA H PARKS & RECREATION DEPT, IMILLER PARK NEW LI TING 50 NW 1ST AVE ;IN PARKNG AREA DELRA Y BEACH, FLA.33444 561-243-7251,FX.243-7346 > -. . -- . -- PO. NUMBER TERMS REP SHIP VIA I F.O.B. PROJECT --- QUOTE Due On Com... GCT 12/6/2004 SITE - -- I QUANTITY ITEM CODE DESCRIPTION PRICE E CH AMOUNT --- ~.-- - -+- - --~ I CUT AND TRENCH (2) NORTH/SOUTH RUNS TO A D i OF 26" TO ACCOMMODATE BRANCH CIRCUIT CONDUITS WIRING. BACK FILL AND CO PA TCHING BY OTHERS TERMINATE EACH BRANCH CIRCUIT CONDUITS WITH-IN POLE IN-GROUND JUNCTION AND EACH PVC J-BOX MAK BRANCH CIRCUIT FEED i I CONDUCTORS TO EACH LtG I POLE CONDUCTORS WITH-I J BOXES AT TH E BASE OF POLE WITH CONNECTORS S FOR THE PURPOSE. PROVIDE ORA WINGS FOR i ELECTRICAL LAYOUT. CUT S EETS I AND PERMITS WITH IN (2) W EKS I OF AWARD OF BID. THIS IS A TURN KEY PROJECT DESIGNED T MEET i FEDERAL. STATE AND LOCA CODES FOR THIS DISCIPUN ELECTRICAL WORK. TOTAL PRICE TOTAL PRICE I COMPLETE $14539.40 -....-- Page 2 ~_TO AL - - - p-For,c.\.JC'" , )O!o:!tM dSE w"'''' 91"e. e....vEl..;)PE NEBS To Ri)Otder lw800-225-(:J~ (.)( W\N"'" n9'bS con "~iNTED 'N l S~ ~ '. .' 10/1-::'/-::'004 -::'-::':::4 5E,171-::'4715 ESLSI PAGE 07 ~[K)\Y7@~@ ~ ~ AMERICAN LIGHTING MAINTENANCE, INe I 674 NE Owls Nest Court DATE INVOICE # Port Saint LUCie, FL 34983-3518 (561) 689-4854 11 23/2004 8123-B Fax (772) 343-7665 BILL TO: i SHIP TO CITY OF DELRA Y BEACH CITY OF DELRA Y SEA H PARKS & RECREATION DEPT, MILLER PARK NEW lIG TING 50 NW 1ST AVE ilN PARKNG AREA DELRAY BEACH. FLA 33444 561-243-7251 FX.243-7346 ! : ! i '> .- .- PO NUMBER TERMS REP SHIP VIA ' FO.B. PROJECT - - -_.~. ..- -~ QUOTE I Due On..Com... GCT 12/6/2004 #~ SITE I .. ~-. I . -- QUANTITy , ITEM CODE DESCRIPTION I PRICE E CH AMOUNT '- " .- ..j -- .- TERMS: 50% DEPOSIT WITH I ISSUANCE OF PURCHASE 0 ! BALANCE UPON COMPLETIO SATISFACTORY FINAL INSPECTION. 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(lIft 1 i2~ id.ATTN: ~~ BUS# "'J"'""""'& I ~ .;L- t.E ) - 70S 7 FAX# FROM: ~ ~ ~k1L,n /l ~ 'Ldudillfl COIJf:,. }1Ul!t:) SUBJECT: JJ1~ Ia.-J AJ . L- , ~-_. <to- MESSAGE: Mr .s; 3 IMPORT.AN'l': Thl.$ rrt.e8!!lage and its attachments are inten.ded only for tILe ~ tM indtvuJ.ual or entUy to w i<:h it ~s addressed and may contom mformation thD.t is privtleged, con{i.rknti.ol a e:Jf%mpt from di.$elosure u r applicable. law. If the recuk,. of this TTU!saage l3 not the intended redp~nt or the mployee or ~en.t respoTunbl for ckliverm.g the message to the inte.Nkd recipient, you are hereby notl.fisd that y dl8seml11.a:ti.on, distribur' n of 01' copy of this c'ommu.nication is stru:tly prohib~~d. If you have recewed this co unica.tion in error. pkOBe fy us immediately be telephone and return the orr.gr.nal TTU!8sage to us at tM abov a.t:I.dr<<s.s via United States awl Service. ANSWER PHONE FAX -------- ---- MEMORANDUM TO: MAYOR AND CI1Y COMMISSIONERS FROM: CI1Y MANAGER ~ SUBJECT: AGENDA ITEM # q -REG LAR MEETING DE EMBER 6 2004 AGREEMENT /BONUS PAYMENT TO JCD SPORTS GROUP. INC. DATE: DECEMBER 3, 2004 This is before City Commission to consider approval of a bonus payment to JCD Sports Group, Inc. for FY 03-04 in the following amounts: Golf Operations: $18,625.00 Tennis Operations: $ 6,270.00 As per contract, a maximum of 15% may be paid in bonuses under each contract and payment is based on accomplishment of performance measures met. In the attached letter, Mr. Dubin has indicated actual numbers reached in FY 04 as well as numbers he felt may have been reached, if we did not have the disruption in services in September, 2004 due to the hurricanes. In developing theses adjusted numbers, actual numbers from September, 2004 were used for the tennis facilities and Lakeview Golf Course; and September, 2002 numbers were used for the Municipal Golf Course. Due to the hurricanes and the assistance that was provided by the company staff regarding feeding and assisting City employees after the hurricanes, staff feels some consideration should be given in the final approval. Mr. Dubin has based his request on 2004 adjusted numbers. Funding is available from 445-4711-572-34.90 (Dekay Beach Municipal Golf Course Fund/Other Professional Services), 446-4711-572-34.90 (Lakeview Golf Course/Other Professional Services), 001-4215-575-34.90 (General Fund/Tennis Operations/Tennis Center/Other Contractual Services) and 001-4210-575-34.90 (General Fund/Tennis Operations/ Stadium). Recommend approval of a bonus payment to JCD Sports Group, Inc. for FY 03-04. S,\Clty Clerk\agenda memos\JCD Bonus Payment.12.06,Q4 0< to/1 [IT' DF DELIA' IEA[H DELRAY BEACH f LOR Ii)" tdb:JI 100 N.W. 1st AVENUE DELRAY BEACH. FLORIDA 33444 561i243-7000 AII.AmericaCity , III I! MEMORANDUM 1993 TO: David T. Harden, City Manager 2001 FROM: ()tY Robert A. Barcinski, Assistant City Manager DATE: December 1, 2004 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING DECEMBER 6,2004 CONSIDERATION OF BONUS PAYMENT TO JCD SPORTS GROUP, INC. ACTION City Commission is requested to consider a bonus payment to JCD Sports Group, Inc. as requested for FY 03-04 in the amount of $18,625 for both golf operations and $6,270 for Tennis Operations. Funding is available as follows per FY 04-05 budget: $12,000.00 in account 445-4711-572-34.90; $2,500.00 in account 446-4711-572-34.90 and $4,000.00 in account 001-4215-575-34.90 and $2,000 in account 001-4210-575.34.90 BACK6ROUND Attached is a letter request along with backup information received from Mr. Dubin requesting a bonus payment for FY 03-04. As per contract a maximum of 15% may be paid in bonuses under each contract and payment is based on accomplishment of performance measures met. In his letter, Mr. Dubin has indicated actual numbers reached in FY 04 as well as numbers he felt they may have reached if we did not have the disruption in services in September 04 due to the hurricanes. In developing these adjusted numbers actual numbers from September 2003 were used for the tennis facilities and Lakeview Golf Course and September 2002 numbers were used for the municipal course. Due to the hurricanes and the assistance that was provided by the company staff in feeding and assisting City employees after the hurricanes I feel some consideration should be given in the final approval. Mr. Dubin has based his request on 2004 adjusted numbers. I have reviewed all the attached information and would recommend point assignments as follows: * Print&d on RecycJ&d Paper THE EFFORT ALWAYS MATTERS qA DE.LRAY BEACH 60LF CLUB: Customer Satisfaction 25 Course Sponsored Programs 10 Golf Rounds 10 Golf Fees 25 Merchandise Sales 5 Restaurant Sales 10 Total 85 LAKEVIEW 60LF CLUB: Customer Satisfaction 25 Course Sponsored Programs 5 Golf Rounds 5 Golf Fees 17 Merchandise Sales 0 Restaurant Sales -.J! Total 52 TENNIS FACIUTlES: Customer Satisfaction 25 Memberships 15 Daily Players 13 Increased Program Participation 5% 5 Achieve Gross Revenues Lessons 14 Achieve Gross Revenues Leagues 10 Achieve Gross Revenue General Admission 10 Total 92 Maximum bonus payments based on the contract are as follows: Delray Golf Club $17,850 Lakeview Golf $ 3,750 Tennis Facilities $ 6,600 Based on staff point recommendations bonus fees would be as follows: Delray Golf Club $15,172 Lakeview Golf $ 1,950 Tennis Facilities $ 6.072 Total $23,194 If these fees were acceptable budget transfers will have to be made to the 34.90 accounts for the Municipal Course and Tennis Facilities. RECOMMENDATION Staff recommends consideration of approval of bonus payments per staff recommendation. , JCD Golf & Tennis Management, Development & Consultation SPOr<TS CI<OUP A DIvIsion of Dubm & Associates November 29, 2004 City of Delray Beach 100 NW l~t Avenue Delray Beach. FL 33444 Attention: Bob Barcinski Dear Bob. We are hereby requesting our annual bonus payment in the amount of$24.895 representing 13.24% bonus of 15% as per contract in the amount $188,000. We are requesting that this item be placed on the Commission agenda for the first meeting in December 2004. Below we have outlined our fees and percentage of bonus requested by facility: Bonus % Amount of Facility Annual Fee Requested Bonus Delray Beach Golf Club $ 119,000 13.95 $ 16,60000 Lakevlew Golf Club $ 25,000 810 $ 2,02500 Tennrs Facilities $ 44,000 14 25 $ 6,270 00 Total $ 188,000 $ 24,89500 Please fInd enclosed a Customer Satisfaction Survey Comparison for years 2002. 2003 and 2004 for the Delray Beach Golf Club Golf Operations, Restaurant. Lakeview Golf Club and the Delray Beach Tennis Center. Tn the Delray Beach Golf Club Golf Operations the average of all S~I'\ eys increased to 4.4 in 2004 from 4.1 in 2003. Staff friendliness. playing enjoyment and lesson programs continue to be our strong suit. In the Delray Beach Golf Club restaurant we maintained an extremely high level in average surveys for 2002, 2003 and 2004 at 4.6. In all areas we found our customers to be extremely satisfied. At Lakeview Golf Club the average survey increased to 4.2 in 2004 from 4.0 in 2003. Staff friendliness and playing enjoyment continue to be our strong suit. At the Delray Beach Tennis Center the average of all surveys increased to 4.5 from 4.4 in 2003 and 4.2 in 2002. Generally our tennis players are satisfied in all areas. We have attached a detailed listing of the 2004 Performance Measures including the performance measure and our 2004 actual information. Due to the two hurricanes, September 2004 was a very bad month in comparison to our good year. In order to have a more accurate way to judge our performance we have adjusted the actual information by substituting the actual information from September 2003 for Lakevie\v and the Tennis Facilities. For Delray Beach Golf Club we u5:ed September 2002 because in September 1300 Park of Commerce. Suite 272. Delray Beach, FL 33445. (561) 265-0255. Fax (561) 265-2752 ------ 2003 the golf course was not opened for a full month due to renovations. We have detailed the adjustment on the attached pages. In regard to the performance measures, we accomplished all of the performance measures at De1ray Beach Golf Club. 2004 2004 2004 Projections Points Actual Adjusted Customer Satisfaction 4 or better 25 4.4 4.4 Survey Sponsored Programs 2,000 - 2,500 10 2,518 2,551 Rounds 82,000 - 87,000 15 82,150 86,070 Golf Fees $1,904,800- $2,004,800 30 $1,933,766 $1,997,427 Merchandise Sales $120,500 - $130,500 10 $123,288 $128,467 Restaurant Sales $905,000 - $1,005,000 10 $1,134,132 $1,163,184 In regard to the performance measures at Lakeview Golf Club we accomplished the following: 2004 2004 %004 Projections Points Actual Adjusted Customer Satisfaction 4 or better 25 4.2 4.2 Survey Sponsored Programs 1,500 - 2,000 10 1,695 1,750 Rounds 50,175 - 55,175 15 49,497 51,376 Golf Fees $742,350 - $842,350 30 $789,611 $809,998 We did not accomplish the following: Merchandise Sales $21,500 - $26,500 10 $13,964 $14,281 Food & Beverage $27,000 - $32,000 10 $11,945 $12,787 Sales At the Delray Beach Tennis Center we accomplished all of the performance measures. 2004 2004 2004 Projections Points Actual Adjusted Customer Satisfaction 4 or better 25 4.5 4.5 Survey Memberships 400 - 450 15 451 451 Daily Players 58,000 - 63,000 15 61,567 63,971 Program Participants 3% - 5% 10 .29% 3.93% Lesson Revenues $169,000 - $269,000 15 $264,070 $279,326 League T oumeys $26,500 - $36,500 10 $41,075 $42,547 General Admissions $62,000 - $72,000 10 $83,391 $85,434 Overall, we believe that lCD Sports Group has provided our golf and tennis customers with a quality playing and dining experience that is admired by other municipal golf and tennis facilities in South Florida. Our customers are extremely satisfied with our performance which is reflected in our customer surveys. Our level of service is extremely high on a daily basis. Based on our performance we do feel justified in requesting a bonus of 13.24% of our annual management fee of$188,000 or $24,895. In year 2003, lCD Sports Group received a total bonus of $20,680. Thank you for you consideration. Yours truly, ~ Brahm Dubin President CC: Sharon Painter Cindy Doll LO 0 N 00 00 0 C") ::Ie. "0 N ....... ....... N ....... Ol lb~ ~ Q) Q) Q) Ol...". ~.l: ~ m > ~ ~ Q) ~1Il Q) 0 Q) ::l ::l ~ U 1Il g ~::l Q) ~ :2 c:r: Q) 8 = U a.. .c Q) Q) Ol .!!l C") Q) 1Il.c v c: 0= ::l C") .. o ..,!. Q) CIl 0 ....... a.. C.1Il ~..,!. ..f Q)::l .c c. 0 (f) co Q) 0 ~ 0 0 0 0 0 0 "0 "0 Q) U C") (f) N Q) ef': ef': ef': ef': ef': ef': Q) Q) 1Il Q) 0 Q) - ~c:ClO C! v CC! I'-- 0 ......::l.c ..,!. 1Il ~ c:oC:O 0 ....... NOlO lGlG... C") c.::l - o :;::; CIl 0 0 00 Ol I'-- 0 ::l::l 0 0 Q)... ....... 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S ~ _ . ! c: i i=si;" ~ .:3 .Ii .. .g '" . l! -g~ o~ 100: = :6...J Q. ... ~ .. 5.2 c: t- oc: 0:: :>, ~o ~-g (!) ~ r. tll m~ -CD e 0 ! :g. .. z ~C) .- ~ '5-5 =~ :>, :>,CD ~~ Q. C C- ::J tll ",m E! E E:>, 9l~ C> I ~! j.8 '" t:l> Ie 0.._ <( - N '" ... . . ~! I f Delray Beach Tennis Center t Customer Survey Comparison 2000 2001 2002 2003 2004 1. How many times a year do you of 100 surveys of 117 surveys of 149 surveys play at either of our facilities? 10 2% 12% 9% I 25 10% 12% 14% 50 15% 18% 27% 100 32% 20% 26% ., 150 41% 39% 25% ! 2. Are JOU a Member? 87% 55% 68% City Resident? 50% 45% 51% I j 3. Are you Male? 56% 46% 48% Female? 44% 54% 51% C - 4. What Is your age? -r Under 18 0% 0% 4% ! 19-35 7% 7% 9% 36-50 19% 24% 38% , 51-65 34% 36% 27% Over 65 40% 33% 21% Please rate the following on a 1-5 scale 1 being the lowest, 5 being the highest 5. Court Condition. Oelray Beach Tennis Center 3.72 3.40 3.94 4.18 4.42 Oelray Swim & Tennis Club N/A 3.92 3.91 4.07 4.36 ! 6. prog..... f Adult 3.38 3.13 3.82 4.14 4.39 Junior NJA 2.89 4.61 4.44 4.30 7.ataff Pros 4.44 3.69 4.43 4.48 4.75 Front Desk - Oelray Beach Tennis Center 4.47 4.62 4.70 4.75 Front Desk - Delray Swim & Tennis Club 4.48 4.47 4.32 4.50 4.38 , , 8. .alntenancel CleanUn... 3.99 3.7 4.15 4.28 4.47 i I e. Customer Service 4.59 3.7 4.35 4.54 4.65 ~ l \ 10. OVerall Management 3.4 4.14 4.33 4.69 I 11. OVerall Satisfaction 4.28 4.17 4.37 4.59 Grand Total: 4.19 4.37 4.51 t AGENDA ITEM NUMBER: _~ AGENDA REQUEST Request to be placed on: Date: X Regular Agenda _ Special Agenda _ Workshop Agenda When: December 6,2003 Description of agenda item: ~ City Commission is requested to consider a b nus pa m-int to JCD Sports Group, Inc, for golf operations for FY 2004 in the amount of $ l.s and for Tennis Operations in the amount of $ G2. f:;., 7D for a total of $ 'i . Funding IS available in account number 4- ~-t.{7JI-5'J.).-'34.'l() ($ t2..ccO), ..{L(",,-t.lll\-~I~-~4.90 ($ "1~OO ), and Cf)J - 4:J1!> J5'7S - 34.<10 ($ JhDt::O ). ORDINANCE/RESOLUTION REQUIRED: YES NO ,/" " Draft Attached: YES NO L/ Recommendation: Staff recommends consideration of approval of a bonus payment to JCD Sports Group, Inc. for FY 2004 in the amount of $ I ~ I.:J&J.. for golf and $ 4 ItJ1~ for tennis with funding as follows: . AccountnumbertJ.tJ5-q-'7LI-~1j-3".92',$ 'fl.'....,:;... . Account number'-i4f..</7t1-<;12 - ?Ii-.a . $ ~950 · Account number ",C'I- ~S -~~ 'j,-l>!JCJ 001 - ~" -<;;7'5 - ".r:1t) ~ h ~1~ Department Head Signature: -A.. ' 12/ t 0; Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): J.~~ w~ Yes No Funding available: Funding alternatives: (if applicable) Account Number '1'15-17// "57:0 41t, -ill/I-S 72..Jt/,!/) () 0 1- ~ .1/ '5 _ 57 ~ ~ 3 'I. f 0 Account Description: ~~J J't. d""iv.~,v 4. {', ~.(/.~(;~.s lI"rn , ~tii:v IA1SloC . J4.lm. OIk.J I'ttil)~. 6~ f~~~ Account Balance. 1I/,2,SOO - #~!:;on 111) POl) !().'c/Iv Id~ 1~'tt E1..t1~) P-5~o~~ (. ~'1.v .5:IJ"c.- City Manage Review: c/"" (L"~ Approved for agenda:~ No 4 4 Z" lJt>l) t!>c(-,-/ZI1)-S7S-'3~ 90 Hold Until: Agenda Coordinator Review: Received' Action: Approved Disapproved P.O. # o~ tfl f , . " ." I . "I" , I CITY COMMISSION DOCUMENTATION TO: ~ . :.r'if . , . , THRU: C~DIRECTOR OF PLANNING AND ZONING FROM: SUBJECT: MEETING OF DECEMBER 6, 2004 ADOPTION OF THE OSCEOLA PARK REDEVELOPMENT PLAN I BACKGROUND I The preparation of a Redevelopment Plan for the Osceola Park Neighborhood is required by Policies in the Future Land Use and Housing Elements of the Comprehensive Plan. The Future Land Use Element identifies several older areas of the City that, due to substandard infrastructure, obsolete or inappropriate uses of land, vacant and dilapidated structures, and other similarly blighting conditions are in need of special attention in the form of a "Redevelopment Plan." These areas are depicted on the Future Land Use Map as Redevelopment Areas #1 through #6, with a portion of the Osceola Park Neighborhood designated as Redevelopment Area #5. The "Residential Neighborhood Categorization Map" in the Housing Element of the Comprehensive Plan delineates areas according to the prevailing condition of private property. The main objective of the categorization is to identify the level of need in each neighborhood, which in turn will determine the strategies to be taken in meeting that need. The Osceola Park Neighborhood is located within two categories on this map: Redevelopment and Revitalization. For the portion of the neighborhood designated as redevelopment, the Housing Element calls for the City to prepare a Redevelopment Plan to identify appropriate measures to accomplish redevelopment of the area. For the portion of the neighborhood designated as revitalization, the Housing Element calls for City to prepare a Neighborhood Plan and for the area to have a greater priority in terms of targeting of code and law enforcement operations and in the scheduling of capital improvements (infrastructure) which will assist in arresting visual signs of deterioration. The purpose of this Redevelopment Plan is to fulfill the requirements of the Comprehensive Plan and provide the framework for the revitalization of the entire neighborhood. I HIGHLIGHTS OF THE PLAN I The Plan includes the following major recommendations: 1. Rezoning of 33 parcels on the east of the F.E.C. Railroad, between SE 2nd and SE 3rd Streets, from RM (Medium Density Residential) to R-1-A (Single Family Residential) ; q~ City Commission Documentation Osceola Park Redevelopment Plan Page 2 2. Rezoning of one parcel south of SE 6th Street on the west side of the F.E.C. Railroad from CBD-RC (Central Business District-Railroad Corridor) to RM; 3. Improve the visual appearance of the neighborhood. a. Repair and complete the sidewalk system. b. Remove extra paving in swales and reconstruct swale system. c. Install street trees in swales to visually reduce width of the roadways, provide shade and stop parking in swales. d. Evaluate codes to restrict chain link fences in front yards. e. Improve entrances into the neighborhood to enhance its identity. f. Make residential street light program available to residents. g. Improvements to the rear of commercial properties adjacent to residential properties. h. Target area for mailing of information on CRA's loan program. 4. Consider an incentive program for private property improvements, such as sharing the cost of paint, landscape materials, irrigation systems, etc.; 5. Consider program to upgrade safety devices in older homes (e.g. smoke detectors); 6. Provide traffic-calming I traffic control measures throughout neighborhood aimed at reducing speed and controlling commercial truck traffic; 7. Improve alleyways for service access to rear of properties with parking a major consideration; 8. Include measures to preserve and enhance the historic character of the neighborhood through creation of a Conservation District; 9. Promote the CRA's duplex conversion program to eliminate non-conforming duplexes scattered throughout the neighborhood; 10. Where possible, create on-street parking and install landscaping along the FEC Railroad adjacent to the non-residential areas; and, 11. Creation of a special assessment district for the neighborhood to fund a portion of the recommended capital improvements. Additional background is provided in the attached Planning & Zoning Board staff report and a copy of the Plan is included with this report for review. I PLANNING & ZONING BOARD CONSIDERA liON I The Planning and Zoning Board reviewed the proposed Plan at its meeting of November 15, 2004. Several property owners in the area spoke in favor of the Plan, but there was some discussion concerning paving of the alleys. A resident felt paving the alleys would generate noise, traffic and crime, and would create drainage problems. In City Commission Documentation Osceola Park Redevelopment Plan Page 3 response, the alleys would be primarily utilized by adjacent property owners, which would not increase traffic, and the improvement of the alleys will result in a more visible area which would be a deterrent to crime. Further, the alleys are designed to accommodate drainage. After reviewing the staff report and discussing the proposal, the Board unanimously voted 6-0 (Kincaide absent) to recommend that the Plan be approved. I REVIEW BY OTHERS I Osceola Park Neiahborhood Neighborhood meetings were held on October 14, 2004 and November 4, 2004 to discuss the Plan with residents within the area. The residents who attended the meetings were generally supportive of the planning effort. Community Redevelopment Aaency (CRA) The Community Redevelopment Agency reviewed the proposed Plan at its meeting of November 11, 2004. The Board recommended adoption of the Plan. Downtown Development Authority (DDA) The Downtown Development Authority reviewed the proposed Plan at its meeting of November 8, 2004. The Board recommended adoption of the Plan. Courtesy Notices Courtesy Notices were mailed to all property owners within the neighborhood area. Letters of objection or support, if any, will be presented at the meeting. I RECOMMENDED ACTION I Move to adopt the Osceola Park Redevelopment Plan, by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan. s:\plannlng & zonlng\boards\clty commisslon\osceola park redevelopment plan.doc .. Osceola Park Redevelopmen t Planl ::J , ' , i -,' Draft - December 6, 2004 c I T Y 0 F D E L R A Y B E A C H F L 0 R I D A 100 NW 1ST AVENUE DELRAY BEACH, FLORIDA 33444 9(?) . Osceola Park Redevelopment Plan .-- -- J J Prepared by: The City of Delray Beach Planning & Zoning Department 1 I j Draft December 6, 2004 ::~~~~ City of Delray Beach Planning & Zoning Department 100 NW 1st Avenue Delray Beach, Florida 33444 Contact Person: Ron Hoggard, Senior PIanner- Redevelopment at 561-243-7040 TABlE OF CONTENTS OSCEOLA PARK REDEVELOPMENT PLAN . 1 . Section ~ Figures & T abies ~ Executive Summary Hi Figure I Early 20th Century View From Water Tower I Figure 2 The Study Area I Introduction 1 Figure 3 Photo - 1925 Mission Style House 2 The Study Area 1 Figure 4 Photo - 1925 Bungalow Style House 2 Background & History of the Area 1 Figure 5 Redevelopment Area #5 3 Purpose of the Plan 2 Table 1 Existing Land Use 6 The Planning Process 4 Figure 6 Existing Land Use Map 6 Existing Conditions 6 Figure 7 Percentage of Residential Units by Type 7 Data Collection 6 Figure 8 Photo - Reclaimed Single Family Home Site 7 Existing land Use 6 Figure 9 Photo - Illegal Dumping 7 Age of Buildings 7 Figure 10 Number of Buildings by Age 7 Housing Tenure 8 Figure 11 Housing Tenure by Unit Type 8 Residential Unit Size 8 Figure 12 Housing Tenure Map 8 Property Values 9 Figure 13 Percentage Increase of Property Assessments 9 Property Sales 9 Table 2 2003 Property Assessments 9 Demographics 9 Figure 14 Property Sales by Use (1999 - 2003) 9 -, Future land Use & Zoning Maps 10 Figure 15 A verage Household Size by Unit Type 10 Figure 16 Populafion Breakdown by Age Group 10 , Future Land Use 10 j Zoning 11 Figure 17 Current Future Land Use Map 11 Police Crime Report 13 Figure 18 Current Zoning Map 12 , Figure 19 Police Incident Calls (1999 - 2003) 13 1 Code Enforcement 13 Figure 20 Code Enforcement Violations (1999 - 2003) 14 Proximity to Nuisances 14 Figure 21 Photos - Rear of Commercial Uses 14 Non-conforming Lots and Uses 14 Figure 22 Photo - Roadway Terminus at Railroad 14 Pedestrian Circulation - Sidewalks 15 Figure 23 Photo - Broken and Missing Sidewalks 15 Street Lighting 15 Figure 24 Existing Sidewalks Map 15 Alleyways 15 Figure 25 Photo - City Owned Property on SE 1 st A venue 18 ! . Plan Implementation 17 Figure 26 Photo - Example of Duplex Conversion 19 \ The Vision 17 Figure 27 Photo - Parking in the Swales 19 Redevelopment Scenarios by Area 17 Figure 28 Proposed Future Land Use Map 25 -,-.:J Residential Development 19 Figure 29 Proposed Zoning Map 23 Business Development 20 Figure 30 Photo - Localized Flooding In Swale Areas 26 Historic Preservation 21 Figure 31 Proposed Master Plan 26 Future land Use 22 Figure 32 Preliminary Cost Estimates 27 Zoning Map Amendments 23 Land Development Regulations 24 Infrastructure Improvements 24 Utilities 26 -,:.1 Fire Protection 26 Enhanced Code Enforcement 26 Crime Management and Public Safety 27 Parks and Recreation 27 Funding 27 Implementation Steps 27 C I T Y 0 F D E L R A Y B E A C H F L 0 R I D A 100 NW 1ST AVENUE DELRAY BEACH, FLORIDA 33444 --- . - I :::i \~ 1 EXECUTIVE SUMMARY 1 J 1 i j , : - , --- C I T Y 0 F D E L R A Y B E A C H F L 0 R I D A 100 NW 1ST AVENUE DELRAY BEACH, FLORIDA 33444 EXEClrrJVE SUMMARY OSCEOLA PARK !iliDEVELOPMENT PLAN .. . LOCATION 111 LOCATION the existlng and potentIal uses, and identify specific measures fot The Osceola Park Neighborhood Area is located munedlately arresting declme, faalitating new development, and enhancmg the quality of life for neighborhood The Plan is dlvided into three south of the Central Busmess Distnct. It is bordered by SE 5'. sections: Avenue (Federal Highway southbound) on the east; Swinton Avenue on the west; SE 2,><1 Street on the north; and SE 10'" Street The ''IntroductIon'' gives a brief background and history of the on the south The FEC Railway b1sects the area, runntng dtagonal- ly from northeast to southwest. Three-quarters of the area 1S area. The speafic Comprehensive Plan policies, which provide the located east of the railway and is represented by the Osceola Park starting point for the plan are idenufied and a brief summary of Netghborhood Assoc1ation. the planning process that helped shaped the contents of the Plan 1S provided. HISTORY As the central part of Dekay was developing in the 19OOs, an early The "Existing Conditions" section describes the neighborhood in terms of the factors that affect the quality of life in the area. It subdtvtsion known as Osceola Park was established south of town contains a descriptIon of the eXlStlng land uses, zoning, and between the Florida East Coast Railroad tracks and the Florida Future Land Use Map des1gnations that apply. Analyses of devel- East Coast Canal. George G. Currie and F.]. LeWIS, of the Currie opment patterns, occupancy status, property values, infrastructure, Investment and T1tle Guaranty Company, recorded the plat for code enforcement calls and crune problems are also included. Osceola Park in January of 1913. Designed in a gnd pattern, the -. lots were primanly 50.5 feet Wide and 132.5 feet deep. The streets The "Plan Implementation" section outlines the strategy for the . -- in Osceola Park were onginally named after local pioneers such as revitahzation of the neIghborhood, including the actions that the Sundy, Ingraham, and Blackmer (today the streets and avenues are City will take to facilitate it. numbered). The subdivision was very progressive with cement sidewalks, paved roads, a central sewerage system, and electrical OVERVIEW OF EXISTING CONDITIONS I access. In addition, two parks, Curne Common and a ball field, were set aside m the development, and shade and palm trees were Development Pattern 1 planted on the netghborhood's mam streets. The netghborhood area con tams a mix of residential, commercial, \ light industrial and community facility land uses. There are also . PURPOSE OF THE PLAN several undeveloped parcels. Residential development accounts The Future Land Use Element of the City's Comprehensive Plan for 71% of the total 107 acre land area of the neighb01:hood. identifies several older areas of the City that, due to substandard Single-famtly residences are the principal land use with 59% of the infrastructure, obsolete or mappropnate uses of land, vacant and land area. Major non-res1dentIal land uses include commercial dilapidated structures, and other stmilarly blighttng conditIons, are development with 9.9% of the land area and light industrial with , in need of speaal attentIon. Goal Area "c" of the Future Land 6%. Undeveloped property accounts for only 3.3% of the land j Use Element represents the starting block upon which its imple- area. mentation strategy has been built. It is stated as follows: There are several platted residentIal subdivisions within the neigh- , .0- , BLIGHTED AREAS OF THE CITY SHALL BE REDE- borhood area, containing a mix of single-family, duplex and multi- VELOPED AND RENEWED AND SHALL BE THE family structures. Overall, the neighborhood contains 294 smgle- MAJOR CONTRIBUTING AREAS TO THE RENAlS- family residential units, 21 apartments/guest houses associated SANCE OF DELRA Y BEACH. with single family, 82 duplex units and 107 multi-family units for a total of 515 residential unltS. Compared to the overall City, the A major part of the unplementatton strategy 1S for the City to pre- percentage of owner-occupled units is much lower in the Osceola pare and adopt "Redevelopment Plans" for declining areas. These Park neighborhood (51.5%) than the CIty as a whole (69.7%). areas are depicted on the Future Land Use Map as Redevelopment Although rentals are scattered throughout the area, the highest Areas #1 through #6. Redevelopment Area #5 is located in the concentrations are in the multi-family distncts in the northern and Osceola Park Area. This designatIon effectively acts as a holding western portions of the neighborhood. 11us is to be expected, zone on each area, where Future Land Uses deSlgDations will not since multi-family structures are much more hkely to contain be assigned unttl a Redevdopment Plan has been completed and rental untts. adopted. There IS an mappropriate mix of nonconforming duplex and mul- The scope of this Redevelopment Plan has been expanded tiple family development with single family residences in the sin- beyond the limits of Redevelopment Area #5 to include the sur- gle family district. The combination of apathetic landlords and rounding residentIal neighborhood. The purpose of the Plan is to unmotIvated tenants has resulted in many deteriorating duplex and identify the specific deficiencies and assets of the area, evaluate multi-famtly properttes. Lack of building mamtenance (painting, C I T Y 0 F D E L R A Y B E A C H F L 0 R I D A 100 NW 1ST AVENUE DELRAY BEACH, FLORIDA 33444 - ------ EXI'.CUTrVE SUMMARY OSCEOLA PARK REDEVELOPMENT PLAN . OvERVIEW OF EXrSTrNG CONDrrrONS tv . window and door repair, etc.), inadequate and overgrown land- odors contend with increased noise levels, overflow parkmg and scaplOg, crowdmg and overparkmg are the major problems. unsIghtly service areas. Landscape buffers between these commer- CombIned, these problems have a blighnng lOfluence on adJacent cial/Uldustrial uses and resIdential properties withm the neighbor- single family homes. hood are often deteoorating or nonexIstent. Deahng with these defiCIencies would have a major impact on the neIghborhood as a Of the 44 duplex parcels within the neighborhood, 19 (43%) are whole. located Ul the R-1-A dtstrict wmch does not permit duplexes. Of Pedestrian Circulation - Sidewalks the reIrulining parcels, 9 (20%) are non-conforming with respect to lot size (I.e. less than 8,000 sq. ft.). Sidewalks are provided on only about half of the residential streets in the neighborhood. On streets where sidewalks do exist, Of the 22 multifanulr developments within the neighborhood, 4 there are many missing or broken segments. are located Ul the R-1-A district, which does not permitmultifam- Traffic Issues ily, and are therefore nonconformIng with respect to use. Of the remaining projects, 13 were found to be non-conforming with Traffic problems within the neighborhood include speeding on respect to density. Four of these projects had densities Ul excess some local residential streets, and commercial truck traffic of 20 units per acre and 1 exceeded 30 units per acre. through the neighborhood. Consideratlon must be given to elimi- Historic structures oaring excessive through-traffic on residential streets in the neigh- borhood which are headed for the railroad commercial corridor -.- There are 183 bwldUlgs Ul the neighborhood over 50 years old_ The integration of nonresidential development WIthin the neigh- --- With a median age of 48 years old, one-half of all buildings with- borhood presents a problem when deahng WIth the commercial - -- in the neighborhood were constructed before 1956. Although new truck traffic it generates. This traffic should be directed away from buildings are still being constructed, only 21% are less than 20 reSIdential roadways. years old. Given theIr age, it is unlikely that many buildings meet Parking current life safety regulations with respect to smoke detectors, emergency egress escape windows, hurricane anchorage, electrical There are two parking issues within the neighborhood. The first l wiring, etc. issue is the excessive number of cars parked In the swales and in Crime Report some cases, front yards, throughout the neighborhood. The lack of adequate parking is a major blighting influence in the neighbor- The location of each property within the neighborhood was hood. The second 1S the lack of adequate parking for the nonres- examined with respect to the number of inCIdent calls generated. idential properties in the rail cotodor The large amount of auto Compared to CItywide figures, overall criminal activity Ul the repair businesses, is the primary cause of tlus problem. Osceola Ndghborhood decreased from 3.29% of the CItyWIde PLAN IMPLEMENTATION total in 1999 to 2.76% In 2003. However, since the neighborhood represents only 1.4% of the total land area of the city, the 2003 The overall purpose of the Plan IS to capItalize on the strengths of figure is still nearly twice the CItywide average based on land area. the area and provide methods to deal with the weaknesses. The AddttI(;mal measures will need to be taken to bring this figure clos- Plan proVldes the framework for the reVitalization of the entire - -- er to the citywide average. netghborhood. This equates to the three maUl proposals of dus Code Enforcement Plan: . EliminatIon of the problems associated with small lot duplex The location of each property within the netghborhood was and multi-family development mtetmixed with smgle-family examined with respect to the number of incident calls generated. development; Compared to Citywide figures, overall code violations in the Osceola Neighborhood increased from 5.2% of the citywide total . Reduction of the negative l1I1pacts associated WIth through 10 1999 to 8.3% in 2003. SUlce the neighborhood represents only and non-residential vehicular on local reSIdential streets; and 1.4% of the total land area of the city, the 2003 figure is nearly 6 . Improvement of the physical appearance of the neighbor- times the citywtde average based on land area. DrastIc measures hood through enhanced polIce activity, code enforcement and will need to be taken to bring this figure closer to the citywide beaUtlfication. average. Adjacent Nuisances AdoptIon of the Redevelopment Plan will require amendments to the City's Future Land Use and Zoning Maps as well as a number The Osceola Park neighborhood is adjacent to a number of prop- of text amendments to the Comprehensive Plan. These amend- erties and transportation facilities that affect the stability of reSi- ments will be adopted as a porllon of ComprehensIve Plan dential properties in the neighborhood. Residential properties Amendment 2005-1. backing up to the Federal Highway and Railroad commercial cor- e I T Y 0 F D E L R A Y B E A C H F L 0 R I D A 100 NW 1 S T AVENUE DELRAY BEACH, FLORIDA 33444 EXECUTIVE SUMMARY OSCEOLA PARK REDEVELOPMENT PLAN PLAN IMPLEMENTATION V Future Land Use Map (FLUM) Amendments The properties are currently zoned RM (Residential - Medium The northern part of the neighborhood is currently designated as Density), wluch is consistent WIth the desIgnation. RDA-5 (Redevelopment Area #5) on the Future Land Use Map . Sub-area 7: The remaining properties between SE 2nd Street (FLUM). Five Future Land Use Map destgnations will be required and SE 5'" Street, between the Federal Highway commercial to accommodate eXIsting or proposed development WIthin rede- frontage and the commerclal/lOdustrial rail coendor. - Change the velopment area #5. No FLUM changes are required outside the FLUM desIgnation from RDA-5 to LD (Low DenSIty Residential boundaries of the redevelopment area. The proposed desIgna- - 0 to 5 du/acre) - approximately 19)5 acres. All of the parcels, tions for properties within tlus area are as follows: south of SE 3rd Street, are currently zoned R-1-A (Single Family . Sub-area 1: Properties along the FEC rail corridor, between Residential) which is conSIstent with dus designation. The parcels, SE 2nd and SE 6'" Streets on the west and between SE 2ad and SE located north of SE 301 Street, are currently zoned RM (Residential 5th Streets on the east - Change the FLUM designation from - Medtum Density), which IS not consistent with the designation. RDA-5 to CC (Cornmeraal Core) - approximately 10.26 acres These parcels will be rezoned concurrently WIth the FWM This change is required to accommodate existtng commercial and amendment. light industrial development. The properties are currently zoned In addttion to the above changes, modification of Future Land CBD-RC (Central Business DIstnct -lUil Corridor), which is con- sistent with the designation. Use Element Pohey C-2.6 IS required to reflect adoption of this Plan for the "Osceola Park Redevelopment Area," and to require . Sub-area 2: Properties along the Federal Highway coendor, that all future development be in comphance WIth the adopted between SE 2nd Street and SE 301 Street - Change the FLUM des- Plan. Processing of this amendment will be nndertaken by the .. ignation from RDA-5 to CC (Commerctal Core) - approxunately Planning and Zoning Board and City Commission concurrent 1.8 acres. Tlus change is reqwred to accommodate eXIsting com- with conSIderation of the FLUi\'f amendment. , mercia! development. The properties are currently zoned CBD Zoning Map Amendments i (Central Business District), which is consistent WIth the designa- tion. Most parcels Wlthin the neighborhood area will retain their current 1 Sub-area 3: Properties along the Federal Highway corridor, zoning. However, implementation of the neighborhood plan will \ . require rezoning of some parcels in the area. The proposed rezon- between SE 4'" and SE 5'" Street - Change the FLUM designation lOgs, shown on figure x, are as follows: from RDA-5 to GC (General Commeraal) - approximately 0.85 acres. This change is required to accommodate existing commer- . Sub-area 1: 1 parcel on the west side of the FEC ra.tl corri- cial development. The properties are currently zoned GC doc, south of SE 6'" Street - Change the zorung designation from (General CommerCIal), which is consistent WIth the deSIgnation. CBD-RC (Central BuslOess District - Rail Corridor) to RM I . Sub-area 4: Lots 6 to 14, Block 79, Town of Delray, located (i\-fultiple Fanuly Residential - Medium Density) - approximately 1 on the east side of SE 1" Avenue, between SE 2nd and SE 301 0.85 acres. . Streets - Change the FLUM designation from RDA-5 to MD 33 properties, located south of the frontage (Medium DenSIty Residential - 5 to 12 du/acre) - approximately . Sub-area 2: 1.41 acres. The properties are currently zoned RM (Residential - properties on SE 2-d Street to SE 301 Street, between the Federal - - H1ghway commercial frontage and the commercial/industrial rail Medium Density), which is consistent with the deS1gnatioll. corndor. - Change the zoning designation from RM (Multiple . Sub-area 5: Properties on the west side of the FEC rail cor- Family Residential - Medium Density) to R-1-A (Single Family ndor, between SE 6'" and SE 7'" Street - Change the PLUM des- Residential) - approximately 5.91 acres. IgOation from RDA-S to MD (Medtum Density Residential- 5 to 12 du/acre) - approximately 1.23 acres. Tlus change is required to The rezonings will be considered by the Planning and Zoning accommodate existing and proposed development. Tlus area con- Board and City COmmIssion concurrent with the FLUM amend- sists of two parcels. The southern parcel is zoned RM, which is ment. consistent with the desIgnanon. It is a part of Swinton Place, a 19- unit townhouse development. The northern parcel, which is unde- Traffic --- veloped, is currently zoned CBD-RC (Central Business DIStrict - The following measures are recommended to help alleviate the Rail Corridor), which is not consistent with the deSIgnation. problems associated with velucular traffic in the neighborhood: Therefore. a rezoning of this parcel will be required as well. . Reduce the lughway feel on local reSIdentIal streets by remov- . Sub-area 6: Properties fronting on SE 2nd Street, between 109 additional pavement used for off-street parking on all sin- SE 3.d Avenue and the Federal Highway frontage properties - gle fanuly homes and multi-fanuly structures where pOSSIble. Change the FLUM designation from RDA-5 to MD (Mediwn . Plant street trees to add visual interest and reduce the feeling Density Residential- 5 to 12 du/acre) - approXImately 1.12 acres. C I T Y 0 F D E L R A Y B E A C H F L 0 R I D A 100 NW 1ST AVENUE DELRAY BEACH, FLORIDA 33444 EXECUTIVE SUMMARY OSCEOLA PARK REDEVELOPMENT PLAN PLAN IMl'LEMENTA1ION V1 of width of the roadways IS recommended that the homeowners assoaation work with the . Remove confuct1ng landscapUlg at the Ultersections where City to help educate neighborhood residents. Information Ulclud- visibility IS a problem. ed Ul newsletters or flyers as well as a door-to-door canvassing to . Install traffic calmmg measures on selected streets to control explain these programs would help the City to reduce violations speeding and nonresidential traffic. The use of curb bulb-outs and unprove the area. at the entrances to the neighborhood will include landscaping The second phase of the program will be for aty code enforce- and signage for neighborhood Identify. Two round-abouts are ment officers to do a complete canvassUlg of the neIghborhood. planned for southern end of the neighborhood where exces- A resident task force should be appoUlted by the homeowners sive speedmg is a problem. association to be included Ul this ln1tial walk through. The City will . Pave the alleyways to prOVide access to the rear yards for serv- then prepare a report and call a meet1ng to present the findmgs to ice functiuon and alternattve parkmg. the association and then property owners will be cited according- . Pave SE 6d. Street between Swinton Avenue and SE 1 st Avenue ly. to provide improve truck access. . Hire a traffic consultant to study the commercial truck traffic Following the inittal clean-up phase, as the Plan IS implemented, in the neighborhood and recommend ways to dtrect the traf- the area should be targeted for zero-tolerance code enforcement fic away from residential areas. with frequent inspecttons for compliance. However, since code enforcement can only do so much, the area should also begin to . Hire a traffic consultant to study the SW11lton Avenue I SE 40h police itself. The homeowners association will be tasked with pro- -. Street Intersection to make recommendations regardmg traffic viding information on violations as soon as possible to the City. It calnung. is hoped that once the area is cleaned up, property owners will ] Parking begin to develop a sense of pride Ul the area. 1 A primary focus of the plan is to reduce excessive parking along Historic Conservation District j residential roadways, in the swales and Ul many Ulstances in front Gtven the number of older structures within the neighborhood yards within the reSidential neighborhood. To accomphsh this, it IS that do not currently have the benefit of protective regulations in recommended that the alleys be paved to provide enhanced access place to preserve their historic value, it is recommended that the to the rear yards. Although some properties already utilize the City begin the process of creat1ng a Conservatton District WlthIn unpaved alleys to access parking in the rear, thiS improvement will Osceola Park as soon as possible. make this option much more attractive. With more utilization, the alleys will become a important component of the pubhc space and Other Recommendations 1 more eyes in the area will help to deter criminal activity. The Plan also contains the following recommendations: . Complete the sidewalk system throughout the neighborhood. , Another focus of the plan be to provide additional parking for businesses Ul the ratlroad corndor area. One location for addition- . Study the railroad crossings at SE 4'" and SE to'b Streets to al spaces will be on SE 2nd Avenue, adjacent to the railroad. determine if pedestrian safety can be improved. Another potential location would Ulvolve acquisition of the cur- . Evaluate existtng chain link fences in front yards to determine rently vacant lot at 215 SE 2nd Avenue to create an off-street park- if in conformance to existing codes. Consider ordinance to ing lot. The former structure was demolished on the site and Us eliminate all nonconforrmng fencing Wlthin 5 years; limited size will make redevelopment difficult. . ConSider an Ulcentive program for private property improve- The parking of overflow vehicles from the automotive repair ments, such as sharing the cost of paint, landscape materials, irrigation systems, etc; facilities on unimproved surfaces will be targeted for code . Consider program to upgrade safety devices in older homes enforcement and these faalities will have to find other ways to deal with the problem on site For example, automobiles being (e.g. smoke detectors); stored on-site for parts should be relocated to another location . Develop residential street light program; .' i and customers should be scheduled so that an excessive number . Target area for mailing of information on CRA's loan pro- of cars wading to be repatred are not on-site at anyone time. gram; Enhanced Code Enforcement . Promote the CRA's duplex conversion program to target this Code enforcement will playa crincal role in the redevelopment of neighborhood in order to elimmate non-conforming duplexes the area. The City will begin by implementing a special outreach scattered throughout the neighborhood; and program to help property owners understand apphcable codes and . Determine the most appropriate use of the city owned parcel ordinances regarding maintenance, trash rusposal, parking, etc. It of land at the northeast comer of SE 1" Avenue and SE 4'" C r T Y 0 F D E L R A Y B E A C H F L 0 R I D A 100 NW 1ST AVENUE DELRAY BEACH, FLORIDA 33444 EXECUTfVE SUMMARY OSCEOLA PARK REDEVELUPMENT PLAN .. PLAN IMPLEMENTATION V11 Street. Options include, sale for development, landscaped open space or public parking. Funding Infrastructure improvements identified 10 the Plan for the Redevdopment Area should be included in the CIty'S S-Year Capital Improvement Plan. Engmeering, design and detailed cost estimates of individual projects can begin as time and funding becomes available. The cost of the beautification component of the proJect, estimated at $2.3 million, will be divided equally between the City, CRA and the Property Owners, through cre- ation of a property assessment district. The CIty will commit staff time to accomplish some of the activ- ities outlined in the Plan, including enhanced code enforcement. Implementation steps . Future Land Use Map Amendments and Rezooiogs --- . Modificanon of CIP as reqwred . Enhanced code enforcement - clean up . Creation of Conservation Distnct . Design and engineering of unprovements within the neigh- borhood , . Set up Special Assessment Distnct , . Construction . Monitor implementation and make strategy adjustments as required , - . ..- C I T Y 0 F D E L R A Y B E A C H F L 0 R I D A 100 NW 1ST AVENUE DELRAY BEACH, FLORIDA 33444 -,-i .- , ,:1 I INTRODUCTION ! J ) l 1 i i .) .. . --- C I T Y 0 F D E L R A Y B E A C H F L 0 R I D A 100 NW 1ST AVENUE DELRAY BEACH, FLORIDA 33444 INTRODUCTION OSCEOLA PARK REDEVELOPMENT PLAN 1 THE STUDY AREA THE STUDY AREA The City of Delray Beach Osceola Park Study Area, (shown In Figure 2), is located immediately south of the Central Business Dlstnct. It IS bordered by SE 5'. Avenue (Federal HIghway south- bound) on the east; Swinton Avenue on the west; SE 2nd Street on the north; and SE 10'" Street on the south. The FEC Railway bIsects the area, running diagonally from northeast to southwest. Three-quarters of the area IS located east of the ratlway and is rep- resented by the Osceola Park Neighborhood AssoaatIon. There are no formal neighborhood associations for the portion of the study area located west of the railroad. BACKGROUND AND HISTORY OF THE AREA As the central part of Delray was developing In the 1900s, an early subdivision known as Osceola Park was established south of town between the Rorida East Coast Railroad tracks and the Ronda East Coast Canal. George G. Currie and F. J. LeWIs, of the Curne Investment and Title Guaranty Company, recorded the plat for Osceola Park 10 January of 1913. Designed 10 a grid pattern, the lots were primanly 50.5 feet wide and 132.5 feet deep. At that time, subdtvisIons platted 10 a grid pattern were omrupresent in Florida. In fact, many early subdiviSIOns planned by speculators . throughout the country were platted 10 this configuration. Because speculative real estate development in Dekay was evolVIng lnto a 1 lucrative business geared to a quick and maximum return on investment, the grid pattern was practical. It simplified surveymg, minimIZed legal disputes, maximized number of lots and houses on the land, and facihtated the rapid buying, selling, and improve- ment of real estate The streets In Osceola Park were named after local pioneers such as Sundy, Ingraham, and Blackmer (today the streets and avenues are numbered). The subdtvision was very pro- gressive With cement sidewalks, paved roads, a central sewerage , system, and electrical access. In addition, two parks, Currie Common and a ball field, were set aside 10 the development, and shade and palm trees were systematically planted on the neIghbor- hood's matIl streets (Tropical Sun, January 2,1913). Figure L Early Twentieth Century View of Delray From Water Tower in Figure 2. The Study Area is the neighborhood immediately south of the Osceola Park. Photo Courtesy of Defray Beach Historical Society. Central Business DlStrict, between Swinton Avenue and Federal Highway. C I T Y 0 F D E L R A Y B E A C H F L 0 R I 0 A 100 NW 1ST AVENUE DELRAY BEACH, FLORIDA 33444 INTRODUC1[ON OSCEOLA PARK REDEVELOPMENT PLAN 2 PURPOSE OF THE PLAN George Currie actively promoted Osceola Park in both the Palm PURPOSE OF THE PLAN Beach Post and Tropical Sun Wlth articles and advernsements fea- In preparing its vislOn for the future 11l the 1989 Comprehensive tunng the "high-class" residential area of Deltay (palm Beach Post 4 December 1913; Tropical Sun 2 January 1913). As one of Plan, the CIty of Dekay Beach realized that bUIld-out was rapidly Delray's first planned ne.tghborhoods, Osceola Park was very suc- approaching. It was also evident that future Increases in ad-val- cessful and lots were quickly sold. By 1914, tlurty houses were orem tax revenues would become more and more dependent already located in the SUbwVlsIon and many more were planned upon the value of existing propernes and less dependent on new for construction. development This fact and a groWIng realization of the impor- tance of neighborhood stability led the City to refocus its atten- To fill up the subdtVlslons and satisfy the housing shortage 11l the tion toward the redevelopment and reVltahzanon of the older sec- City, the Delray Realty Board irutiated a "Build A Home" program tions of Deltay Beach. Recognizing that several of these older in 1925. In order to shape Deltay into "a metropolis of the first areas were becoming increasmgly blighted and that property val- order:' the townspeople were asked to build at least one house to ues were dechning, the City adopted a pro-active approach to stop sell on a speculanve baSIS or rent to seasonal visitors (The Dekay the decline. News, August 8, 1925). At this time, subdtvisions such as Osceola Park and Dell Park remained appeahng locations for new con- The Future Land Use Element of the City's Comprehensive Plan struction. In 1925, twenty "moderately-pnced homes" were bUIlt identifies several older areas of the City that, due to substandard in Osceola Park for sale or rental (palm Beach Post, July 26,1925). infrastructure, obsolete or inappropriate uses of land, vacant and -" Ltke the commercIal buildtngs and hotels bemg constructed at this dilapidated structures, and other similarly bhghring conditions, are . ~ ~l tune, many of the residences exhibited l\fediterranean Revival or 10 need of special attentIon in the form of a "Redevelopment MIssion style ardutecrure. However, the Bungalow house type was P!an." Goal Area "c" of the Future Land Use Element represents also prevalent in the 1920s. the stattmg block upon whIch its implementation strategy has I been bwlt. It is stated as follows: I 1 BLIGHTED AREAS OF THE CITY SHALL BE ! REDEVELOPED AND RENEWED AND SHALL BE THE MAJOR CONTRIBUTING AREAS TO THE RENAISSANCE OF DELRAY BEACH. ..-\. major part of the implementation strategy IS for the City to pre- pare and adopt "Redevelopment Plans" for decl1nmg areas of the City These areas are depicted on the Future Land Use Map as Redevelopment Areas #1 through #6. This designation effective- , Iy acts as a holdtng zone on each area, where Future Land Uses , designations will not be assIgned until a Redevelopment Plan has been completed and adopted. ~ -:: Figure 3. 1925 Mission Style House Located at 823 SE 4th Avenue A portion of the Study Area IS deSIgnated as Redevelopment Area #5 (See Figure 4, Page 3). The following language, excerpted from Future Land Use Element Policy C-2.6 in the City's ComprehensIve Plan, glVes a descnptton of the program: Po/iqr C-2.6 The following pertains to the area bounded i?Y S.E. 2nd Street, Federal Highwq)l, S.E. 5"' Street, cmd Swmton Avenue (Osceola Park area): ThIS area has indJIstrial uses with inadequate parkzng to the west, commer- dal uses to the east, and a mixed residential area whIch has turned mainlY into renter-occupied units. It is also encompassed i?Y wel!Jiefd protection zones. The pnmary focus of this redevelopment plan shaff be to aTTest deterioratIon, provide adequate parking and services jOr the existmg mdJIstrial and commer- dal areas, and accommodate housing which IS compatIble with the other uses. Figure 4. 1925 Bungalow Style House Located at 131 SE 7th Avenue The issues relating to industrial uses within this area were addressed within C I T Y 0 F D E L R A Y B E A C H F L 0 R I D A -- 100 NW 1ST AVENUE DELRAY BEACH, FLORIDA 33444 INTRODUCTION OSCEOLA PARK REDEVELOPMENr PLAN 3 PURPOSE OF THE PLAN 4- the new CBD-RC zonmg district, created on Mqy 16, 1995. TherdiJre, the redevelopment plan for this area WIll focus on the residential neIghborhood. The plan wtll, at a mmimum address the following Issues: - . . Appropriateness of the existing RM zonmg dlstrii-t within the area. . Use of traffic-calml11g measures to reduce speed and volume of traffic on the residential streets withm the area. . Potential for creation of a historic district within the area. . Landscape beautrfication. . >i . Improvement of existmg housing stock. This redevelopment plan shall be prepared in FY 98/99 and shall be adopt- ed through a wmprehensive plan amendment. In preparation of the Housing Element of the Comprehensive Plan, neighborhoods throughout the City were evaluated and a "Residential Neighborhood Categonzation Map" was created. H' This map delineates areas according to the prevailing condition of private property. The main objective of the categonzation is to identify the level of need in each neighborhood, which in turn will determine the strategies to be taken 111 meeting that need. The ; Osceola Park NeIghborhood is currently categorized as follows: ! Redevelopment - Lack of basic infrastructure,' incompatible mix of . land uses; numerous substandard structures and vacant lots. , and RevitalizatIon - EVIdence of decline in condttion of structures and yards; inmase in crime; propertY values stagnant or dedining. For the portion of the Study Area categorized as needing "rede- I velopment" (Figure 5), Objective A-7 of the Housing Element i calls for the City to identify appropnate measures to accomplish , redevelopment of the area. Additionally, as stated in the following policies, a Redevelopment Plan shall be prepared for all areas so :j categonzed. PoliQ'" A -7.1 Each of these areas shall be provided assistance through the preparation of a "Reckvelopment Plan" that will focus on the assignment of appropriate land use and zomng designatrons, a plan for the provision of infrastructure, and a program to accomplrsh other pi?Ysical improvements to the areas. The specific directIon each plan will take is descnbed in Objective C-2 of the Future Land Use Element. The plans are to be prepared and adopt- ed as a formal amendment to the Future Land Use Element and Map prior to embarking upon any speCIfic redevelopment actIvity. J ,.: PdiQ'" A -7.2 The priority for the preparatiON of plans for those Redevelopment Areas which mclude a significant number of residential units )... .. is as follows: . , Figure S. Redevelopment Area # 5 is located in the nonhero portion of the ,. Osceola Park (area between S.E. ?' and S.E. 5'" Streets,from Federal Study Area Highway to Swinton Avenue) C I T Y 0 F D E L R A Y B E A C H F L 0 R J D A 100 NW 1ST AVENUE DELRAY BEACH, FLORIDA 33444 INTRODUCTION OSCEOLA PARK REDEVELOPMENT PLAN 4 THE PLANNING PROCESS 2. Wallace Drive Industrial Area At least one plan shall be completed each fiscal year. The remainder of the study area has a categorizanon of Revitalizanon. ObJective A-5 of the Comprehensive Plan Housing Element calls for areas with tlus categorization to have a greater priority in terms of targeting of code enforcement and law enforcement operations; and to have a greater priority 1D the scheduling of cap1tal unprovements (infrastructure) which will assist In arresting VIsual signs of detenorat:1on. Additionally, "Pohcy A-5.5" states that ne1ghborhood plans are to be prepared: Po/i9' A -5.5 These areas shall be provided assistance through the devel- opment of a "neighborhood plan" which is directed toward the arresting of deterioration through p~si'YJI improvements sNch as street lighting, street trees, ~" .. landscaping, dreet repair, drainage improvements, SIdewalks, parks and parking areas, Installation or upgrading water and sewer facilities, all of which mqy be provided throllgh funding and! or assessment dzstricts. The Plans 1 shall also address the appropriateness of existing land use and zoning classi- fications, traffic ciT'Clllation patterns, abatement of mappropnate IIses, and I targeting of code enforcement programs. The plans shall be prepared i?Y the Planning and Zoning Department, with assistance from the Commumty 1 Improvement Department, and the Community Redevelopment Agen!)' if I I located within the CRA distnCt. At least one netghborhood plan shall be pre- pared each fiscal year. The pnority of these plans is as follows: . AllenjEastviewjLake Avenues (to be addressed in the North Federal Plan . Osceola Park , I . Delrf!Y Shores j THE PLANNING PROCESS 1 Followtng a senes of neighborhood visits and collection of land -j use and environmental data, staff attended a series of neighbor- -',1 hood association meetings to ascertain the pnorities of residents and property owners in the study area. The property owners who attended the meetings were enthusiastic and supportive of the idea of neighborhood stabilization through development of a neighbothood plan. The residents identified theu concerns and pnorities for the netghborhood. Staff incorporated many of those ideas into tlus plan. A draft of this plan was presented to the Community Redevelopment Agency and the Planning and Zoning Board for recommendanon to the City ComtIUssion in November, , - ~ 2004. C I T Y 0 F D E L R A Y B E A C H F L 0 R I D A 100 NW 1ST AVENUE DELRAY BEACH, FLORIDA 33444 .1 . -- .. . EXISTIN G CONDITIONS , i I ... -, C I T Y 0 F D E L R A Y B E A C H F L 0 R I D A 100 NW 1ST AVENUE DELRAY BEACH, FLORIDA 33444 EXISTING CONDITIONS OSCEOLA PARK REDEVELOPMENT PLAN 6 DATA COLLECIION DATA COLLECTION In preparation of this Plan, City staff compiled a database of all _ _ _ __ properties within the Study Area. The primary source of data was - the Palm Beach County Property Appnuser's tax roll. ~-\drutional mformatton was obtained from field surveys conducted m the summer of 2004 and from review of recorded documents. The I information in the database mcludes the property control number, ! property area, property ownership, bmlding area, occupancy infor- I matton, exisung land use, and assessed value. The following land 1 use and other property information IS based on this database. r r EXISTING LAND USE There are approximately 107 acres (not includmg road nghts-of- way) in the Study Area. The 66Existing Land Use Map," (FIgure 6) shows the rustnbunon of the vanous land uses in the area and Table 1, below gtves a complete breakdown of these uses by type. Table 1 (' r r r. r r'( r \'11 . _ . Existing Land Use r r ..-r " r ((= I Osceola Park Neighborhood r rr;-rrr! r rt II P ._ ,! --- -~ ~ Land Use # of Acres Land Area "/. Land Bldg. Area "/0 Bldg. 9 ,.. r-r.r r ~ r ~ ~ r- ri r r J.l j i Parcels (Sq. Ft.) Area (Sq. Ft.) Area ~ . (' , rr ..C" ! J City Park I 3 20 139,392 298% 858 0 10% :1 r'l r ~:!: r 'i - r- i Commerctal 34 986 429,'51 918% 105,996 1283% It r , ,I ill 1 Duple" --- 44 801 349,123 746% 72,470 8770;. r;-- r- ~...~ r:: ..., ~ \ ~_t Industria1 _ ~ 6_~2 __~2,3~ _561"1'" 64,130 776% r;=- J r:: r. t.r r... " - ~Ulll-P~ily __ 32 844 367.581 7.86% 101,756 1231% r- ! ( ~i!~ F Of6ce__ _1~ _..?_~3 ---.2.67,1)~~ 357% 21,173 256'10, \" II r :: ;"""r I, ~'ill Open Space 3 217 94,533 2U2% 0 0.00% r r- rF I r ~ ~ r...... 1 Pre-school I O.J{) 13,000 028% 1.559 0.19% rr r, ~ r Single3arruly--- ~70 __~1 ~~.5ij' ~ 5132% ------;j(,9,921 4953%,' !iff r i ,.: r-I....- SI~gIe Famdy 21 "39 191,176 409% 40,464 490% r r.- .. r: _ with Apan,,:,~~_ ______ ____ ___~ __ .____ r r r. , Undevel~~____ ~___ --.2 59 156.180 3 34% (I 000"/0 r _ ~ .(- r-. ';:. r UtiJmes 3 246 107.187 229% 8,696 105% 'r f ~ r r TOTALS 451 107.38 4,677,392 10000% 826,393 10000% .r r.- r~ r . _ f ,_ rr .;; .u..~ r: r [Iii :--- ~ r8l'i r- I,' :Ii- I' The neighborhood area contains a mix of resldenual, commercial, ~. _ r ,. r r- . , '. _l hght industrial and commurnty facility land uses. The area also t; 7= ~ r r r.-" ," t contains 17 undeveloped parcels. The principal land use is r ;::: - r If J: r ,. -~ .. detached single-family residences WIth over one-half of the land .- p;;; r m Ii eE Ilh 8trMt :i ~ _ area. Other major land uses m the area include 44 duplex parcels - r~ r'" r r (7.46%) and 34 commercial parcels WIth (9.18%). _ ;:. , r.; ~.. r r;' r r r rT'r. Residential Development r r 'r r. .,...... r r. ReSidential development accounts for 71% of the land area with- f: ;r F; F in the neighborhood. There are several residential subdtvisions P _ .~. _ _ ~''''.~ _ _ _~ _. ___~_ - --, within the neJghborhood area, containIng a nux of single-fanuly, duplex and multi-family structures. Overall, the neighborhood 0 Single Family Homes . Ught Indu.1rl11 . Open Space I Parks contains 294 single-fanuly residential units, 21 apartments/guest . SinQleFamolywi Aparlmenl . OfIlcelRetaiUCommerce . VleantlUn<leve!oped houses associated with single family homes, 82 duplex urnts, 117 [E] Duplex II Instltutfonal . . . . Multi-FamUy Resldentl" . Utilifles multt-family urnts and one urnt above a commeraal bus1l1ess for a total of 515 residential urnts. Figure 7 depIcts the relative percent- ages of residential units by type. Figure 6. Existing Land Use C IT Y 0 F DEL RA Y BE A C H F LOR I D A 100 NW 1ST AVENUE DELRAY BEACH, FLORIDA 33444 EXISTING CONDITIONS OSCEOLA PARK REDEVELOPMENT PLAN 7 EXISTING LAND USE Figure 7 While the redevelopment of these lots will ultimately be an Percentage of Residential Units by Type unprovement to the neighborhood, they pose an ongoing problem Osceola Park Neighborbood for the Clty'S code enforcement program in deahng WIth the over- growth or lack of vegetation and the illegal dumping of trash and debns. Single Family Homes with Apartmenls S% Non-Residential Development Non-residential development within the study area consists of a mix of commercial and light IIldustrial land uses. Development ___ parcels frontIng on Federal Htghway consist pnmanly of automo- Figure 9. Illegal Dumping on Vacant Lots Degrades tbe Neighborhood tive sales/rental, offices and personal serVice commercial uses, while the area surroundmg the FEC Railroad in the north part of AGE OF BUILDINGS the neighborhood consists pnmarily of hght industrial, uses. The I netghborhood also contains a Clty park, between SE 7m and SE 8" A criterion to detetnune the need for rehabilitallon is the age of Streets, and a public utility on SE to" Street. the buildings. With a median age of 48 years old, one-half of all I Undeveloped Property buildings within the neighborhood were constructed before 1956. Although new buildtngs are still being constructed, only 21 % are i The existence of undeveloped lots indicates unproductive land less than 20 years old. Given their age, it IS unlikely that many' use, which limits tax revenues. These lots often become dwnping bwldings meet current life safety regulations Wlth respect to grounds for trash and unsightly or unsafe debris. Overgrowth of smoke detectors, emergency egress escape WIndows, hurricane vegetation on vacant lots often becomes an ongoing problem for anchorage, electrical wiring, ete. Therefore, an incenllve program the city's code enforcement program. There are 16 parcels within to upgrade these Items would be approp03te in this netghbor- the neighborhood that are currently undeveloped. This figure hood. The following chart gives a breakdown of all buildings . equates to nearly 4 acres of land and 3.3% of the total land area Wlthm the neighborhood by age. As shown the chart, there are 183 i within the neighborhood. The largest of the undeveloped parcels buildings in the neighborhood over 50 years old. with 0.85 acres is located along the railroad, south of SE 6m Street. The remaining parcels are concentrated in the north portion of Figure 10 -- the neighborhood and consist primanly of previously developed Number of Buildings by Age lots on which older structures have been removed to make way for Osceola Park Neighborhood new development. .ar- I 100 i I i I 1IO I 60 40 20 0 One of Several Reclaimed Single-Family Home Sites Being 0-9 10-11 20-29 30-39 40-49 60.19 60-<19 70+ Figure 8. BullcllnO Age (Y.....) Offered For Redevelopment C I T Y 0 F D E L R A Y B E A C H F L 0 R I D A 100 NW 1ST AVENUE DELRAY BEACH, FLORIDA 33444 EXISTING CONDITIONS OSCEOLA PARK REDEVFLOPMEN r PLAN 8 HOUSING TI?NURE In 1999, the City lured Janus Research to perform a histone site survey of the neighborhood to determine if the creation of a lus- toric dtstrict was warranted. Based on its analysis of the histone -- -- .___ __ resources withm the neighborhood, Janus recommended that the .el[' City consider .creation of a ~cal Con~erval1~n Distnct instead of c'r" __ a Histone Dlstnct des1gna110n. Addil10nal mformatlon on dus I r issue 1S mduded m the Implementation Section of this Plan. ~ HOUSING TENURE !r P The Osceola Park ne1ghborhood contams a total of 515 res1den- - .."" _ tial UOltS. Of the 515 total units, 2 units are under construction, C, 9 1 ~ . 265 are owner-occupied and 248 are rentals. Compared to the l' i.r:; overall City, the percentage of owner-occupied units is much ! - 'J:! ~ lower ill the Osceola Park ne1ghborhood (51.5%) than the City. as r 1 a whole (69.7%). The "ResidentIal Occupancy ~fap," (Figure 11) r- shows housing tenure for the entire neighborhood area. Although 'i::- __ r-::- rentals are scattered throughout the area, the highest concentra- . ~: .Q, tions are in the multi-family dtstncts 10 the northern and western portions of the neighborhood This was expected, since multi- fanuly structures are much more hkely to contalll rental UOltS. The chart below gives a comparison of occupancy status for the dlffer- ent housmg types within the ne1ghborhood Since absentee own- Jr-- ership often contributes to property neglect, encouragement of I ,L . owner-occupied slngle-family housing is a feature of this redevel- _ r opment plan. . .- ! F.gure 11 Housing Tenure by Unit Type Osceola Park Neighborhood .._ ~----- ------- . .---------'1 3~ , 300 .' ; ,~. I - -= , , , 2~ I 200 I 1&0 J 100 -- ... L' ~ ~l' o eil, SlngleF.mlly ~Iex Multl.f'.mily -c:-:~I _____.____ ~Owner .~e.!1terj __ i I ~j!1. l -_ ,Ii- RESIDENTIAL UNIT SIZE ill _f:'.~ ' There is a WIde range of residential UOlt sizes withill the neighbor- (- ' hood area. The largest units are single-family detached UOlts with ( - an average sIZe of 1,515 square feet. Duplex UOlts are sigruficant- .' r __ _, I ly smaller, with an average size of 905 square feet. Multiple-fami- r <, , . ~ . _~" _ _ _ _ . '. ly units are smaller still with an average size of only 869 square \ ,5/ ,. . feet. The Delray Beach Land Development Regulations currendy require a minimum of 1,000 sq. ft. for duplex units. The minimum . OWNER size for multi-family units is dependent on the number of bed- . RENTER rooms, with 400 sq. ft. for efficiencies, 600 sq. ft. for 1-bedroom, 900 sq. ft. for 2-bedrooms, 1,250 sq. ft. for 3- bedrooms and 1,500 sq. ft. for 4-bedrooms. These numbers indicate that many neigh- Figure 12. Housing Tenure CITY OF DELRAY BEACH FLO RIDA 100 NW 1ST AVENUE DELRAY BEACH, FLORIDA 33444 EXISTING CONDrnONS OSCEOLA PARK REDEVELOPMENl PLAN 9 PROPERlY VALUES borhood duplex and multi-farruly units are nonconformmg Wlth PROPERTY SALES regard to size. The ability to sell property while values contInue to rise Indicates PROPERTY VALUES a strong market demand in the ne1ghborhood. However, exceSS1ve The total assessed value of the 451 properties within the study turnover in a predominantly residentIal area can have an negative effect on social relationsh1ps and sense of identity in a neighbor- area was $52.9 million in 2003, up by 117% from $24.3 in 1995. hood. Palm Beach County property tax roll records Inmcate that The following chart shows a companson of percentage increases 64.5% of all properties within the neighborhood have been under In property assessments between 1995 and 2003 for the major the same ownership for at least 5 years and 45.7% have been land uses within the netghborhood. It 1S Interesting to note that under the same ownership for at least 10 years. overall. residential properttes performed much better than non- residential properties during this ttme period Of the 152 properties, which sold In the last five years, 62 prop- Figure 13 erties changed hands twice and 24 sold three times. Figure 13 Percentage Increase of Property Assessments from 1995 to 2003 by Use shows the number of property sales by type of development for Osceola Park Neighborhood each of the last five years. Wlule the number of sales for most 311O'1C. --~~ land uses vary only slightly from year to year, there appears to be an upward trend In the sale of single family homes since 1999. ZIIO'IC. Figure 14 ::=1 - - i Property Sales by Use (1999 - 2003) -~ .1 Osceola Park Neighborhood 150% ----1 I "F------- · 1_ Z5 --- -~ 50% :: ,_=~==~11---~~1r_=___ zo ___ ,_~ --- 0% ! 110 10 --- -- ----~ - . Commercial . Office o Single Family 7 7 iii Single Family wI Apt. . Duplex . MultJ-Family 5 . Undevelo ed ._ I!IIl~t Industnal _ -- - - 0 Given a total acreage (excluding rights-of-way) of 107.4 acres, the 1991 zooo z001 zooz 2003 ! average assessed value of all property In the neighborhood, ~amily _,DupiexJMF ONon-Residentlal BUndevel~ 1 including structures, was $11.30 per square foot of land in 2003. j A breakdown of 2003 assessed values by existing land use is given This trend is likely the result of sellers taking advantage of in the following table: increasing property values and the high demand for housing In :.:1 'fable 2 Delray Beach. However, its long term impact on neighborhood 2003 Property Assessments cohesiveness is worth watchmg. Osceola Park Neighborhood It is also important to note that although the actual number of Land Use Land Area (Sq. Ft.) Assessed Value Value per Sq. Ft. sales vary by type of development, the figures ate nearly propor- City Puk 139,392 $211,572 $152 tional to the number of propertIes in each land use. For example, e--- single family development, which accounts for 59.5% of all prop- Commercial 429,35 t $7,176,938 $16 72 - eWes in the neighborhood had 62.5% of the total number of sales Duplex 349.123 $4.975.008 $1425 - in the five year period. Laght Industrial 262,328 $3,023,489 $11 53 ._- --- Multi-Family 367,581 $5,576,785 $1517 DEMOGRAPHICS Office 167.020 $2,684,500 $1607 Open Space 94,533 -$166,507 $1.76 Demographic information was collected from the 2000 U.S. -- Census related to average household size and the age of the neigh- Pte-school 13,000 $60,690 $4.67 - -- Single Fanuly 2.400,521 $23,980,958 $999 borhood population. This information is relevant since it relates -- ---- Single Family 191.176 $3,661.75] $19.]5 to the adequacy of the existing housing supply and the provision with Apattment -- of services to the residents, mcludmg recreational facilities. Undeveloped 156.180 $868.476 $556 loi.m ---- Utilities $480.961 $449 TOTALS 4,677.392 $52,867,635 $11.30 While the average household size for the overall City, is only 2.22 C I T Y 0 F D E L R A Y B E A C H F L 0 R I D A 100 NW 1ST AVENUE DELRAY BEACH, FLORIDA 33444 EXISTING CONDITIONS OSCEOLA PARK REDEVELOPMENT PLAN 10 DEMOGRAPHICS persons per households, the average is much larger in the Osceola FUTURE LAND USE Park neighborhood at 3.77 persons per household. The break- Several Future Land Use Map deslgnatIOnS are applied within the down for household sIZe for owner-occupled and rental WlltS study area. In addttion to a large part of the area belng deSIgnated compared to the entire CIty IS shown on FIgure 14, below: as Redevelopment Area #5, LD (Low Density ResIdenttal), MD Figure 15 (Medium Density Residential), CC (Commercial Core), GC Average Household Size by Unit Type (General Commercial), OS (Open Space) and CF (Community Osceola Park Neighborhood FacilitIes) are each applied to at least one property in the area. The 4.5 -------- "Future Land Use Map;' currently In effect for the area, IS shown 4.0 on (Figure 16, page 12). The followmg paragraphs describe the PLUM deSIgnatIOnS shown on this map. 3.5 3.0 Redevelopment Area #5 2.5 This designation was intended to serve as a temporary "holding" 2.0 category, where Future Land Uses desIgnallons are not assigned 1.5 until a Redevelopment Plan has been completed and adopted. Followmg adopuon of this Plan, a Future Land Use Map 1.0 Amendment will be processed to elmunate the Redevelopment Overall Owner Occupied Rentals Area #5 designation from the FLUM and estabhsh appropnate ---------~ deslgnations for all parcels in the Area. .- , I . Osceola Park _____City ~~,.; Source' 2000 u.s. Ctnsus Low Density Residential I The majority of the neighborhood south of Redevelopment Area . The Osceola Park population is much younger than that of the j #5 is designated as Low Density Residential on the CIty'S Future City as a whole. As shown on the following figure, children (under Land Use Map. TIns designation allows residential development at I 18) make up nearly 28% of the total population. This IS consider- densiues up to 5 units per acre. All residential zoning districts, ably greater than the citywide figure of only 19.2% children. except RM (Medtum Denslty Residential) are consistent with the I Additionally, wlule seniors (over 65) make up only 4.6% of the Low Density Residential PLUM designatIon. Residential units in total populauon In Osceola Park, they account for 25.9 of the the Low Density residential designation should be primarily single- City's total populauon. family, but duplex, muluple family, or townhouse units may be constructed in the PRD (planned Residential Development) and Figure 16 RL (Low Density Residential) zoning districts. , Population Breakdown by Age Group { Osceola Park Neighborhood Medium Density Residential I One area of the neighborhood, adjacent to South Swinton Avenue is designated as Medium Density Residential on the City's Future Land Use Map. This designation permits residential units at den- sines of 5-12 d.u./acre. All res1dential Z011lng dtstricts are COnsIS- tent with the Medium Density Residential FLUM desIgnanon The resIdential untts may be single-famtly, duplex, multiple famtly, or townhouse. Commercial Core . Over 65 I This designanon is apphed to the Communtty's Downtown Area, I.under 5 .5-11 018 - 21 022-49 050-64 which extends southward into the neighborhood along Federal Htghway. It accommodates a variety of land uses including com- SoulCe 2000 us. Census mercial and office development; resldential development; older -.. homes renovated to accommodate office use; "bed and break- FUTURE LAND USE AND ZONING MAPS fast" establishments; and industrial! commerce type uses. The Future Land Use Map (PLUM) and Zoning Map specify the Community Facilities land uses and types of structures that can be permitted on a par- This designation is applied to current and future school sites; to eel Together wtth the Comprehenslve Plan and the Land current aad future sHes for public buildings; and to current and Development Regulations, these are the primary tools by which future sites for public facilities. It is also apphed to single function the Clty regulates development withtn its boundanes. buildtngs which bave been constructed for community related C 1 T y 0 F D E L R A Y B E A C H F L 0 R I D A 100 NW 1ST AVENUE DELRAY BEACH, FLORIDA 33444 EXISTING CONDITIONS OSCEOLA P."RK REDEVELOPMENT PLAN 11 FUTURE LAND USE 1-.1Ap purposes (e.g. churches) and whIch are not commerctal in nature. r-=-;;--_;'~---.,.-~--~~~;':' ---;. a3Mita.t:,:,_~__';-~~_-=~:-_::~"_,,,_~~;~ __ - The designanon IS apphed to several parcels on SE 10" Street :,C"~r:r :rr"p p:~ r r< r _:', which are owned by Rorida Power and LIght Company and the F J. t::"!~ -' . r rr. c;-'- ',,-= I:":; CIty. 0- - '-r'" r' r r-.r'rf'- -c- , ' :.,-,,-:;r.. . '. r - :r' r: f:-' r-. ...-.-:: o"'l:'T .~,,..... r .r r ~r r- l ' Open Space r. -I f" r. I. , .C : ~(: ~.L',.n-l ,r:J rr' 'lr- ~ r -i':-e r::: .-: " Tlus deSIgnation is applied to pubhc recreatIon areas (such as , . '--r:- rr ,,- r- .'.' r= "-r-- 0., ~ L. 1 i ~,' "J r r . -C-;1:'~-, mWllcipal parks), to open space areas, and to conservation areas. il~l~r ".J".\C','? -J: Within the neighborhood area, there are two parcels designated as = - ~ - .ISnI.... _ - ~ ~ ..! , ,.~ir. J ,'Ci'trr-cl- r: ;,' open space. One IS the Currie Commons Park, located between ~Kr-',"'.:lr'; "r.'. .,.'.:~:'":r I SE 7"' Street and SE 8"' Street, adjacent to the FEC RaIlway. The :' 1::.:. : "I'::=-': C -5 other, a well-landscaped rruni-park located adjacent to Swinton ,7re R'" , l ~ . 1! '., '" -:~ r.. -:c=--'..' -I r'C,r'';:, r -C Avenue and SE to'" Street, provides a visual break in the develop- rT r~~l . " t f.: ~. . '- ment pattern and an opporturuty for passive recreation in the area. "0 .. r::' 0 'f .:;:- ,.... _ J~~' _'T~r -- ~ '- :r; ~_- - r::~r ='0 (; r:: · r::: ft... r -- . "-- ZONING ,-ittSt..JY ~.:_:=-~..~ .'~ ~~r~~: -F~~=_, '. . The zoning designation aSSIgned to a parcellS an important factor l fr.:.;.Jr-r.-r: . ~ (: c c.- r r-( t::'- 'r-\r?: o ; '. d 'I I r r' [;" r" r;:j- ,". in its development potential. Zoning estabhshes the specific uses l'r:i.1' ,., - . 0-'.' ..' c. ' I" . .) .: 1r:";;ir=~J, r. t'r=[[rF c ~ 'Cf.T' f-,cr:r ;~,-lr, allowed as well as setbacks, height linuts, and other development :---.:: __'. "', . I _ e , ~ - l., " '1:; standards for structures on the parcel. I' ~J .",...-,"...,..,...~.~.."".~ ,.. ~~jr: irrr=rcrr~[ i~~::ir~ [: The last major zorung changes occurred as part of a CItywide B. f --, : -~. '~~,:' -::r- r-' q-- C I -,"'r=' ~r ,: - rr ',' .c~1:t rr,-.. T (' rezoning, following adoption of the City's 1989 Comprehensive j -i!r~';J! __ + ! =: ~-:-. ~~ - t __ ~; :~- ~ ::. _ Plan. A new zorung map, which rncluded five separate zoning cat- '" r " 0 c-- r- r- r::-: 0 G :~ ,c: L irt ". -c C-'_ F. egories for the neIghborhood, was adopted in September 1990. 1 I r-;. I I ~__..... ~ - [ - _ . .).~T:, : r _- -E . 8 ,~ r.1:,._ 'l;. - t';T.;.: 'r- = . _ r- _c "r, r_ East of the railroad, south of SE 3'" Street, the largest area with- 0_ _'J '0 : - '2-1 r cr, lOr r r- f? in the neighborhood remained R-I-A, single-family residenllal. ~r::-r'll: : - _. .c':' r- I~ -r:r-' 0, =t ' ' ..- . f"C ~ The CBD (Central Business Dtstrict) was expanded southward to.. J'''-r."'' . t L F . I - ,- r- . - - l, r::: rr .. L - ~ - r- r:. " 0, ,. . CI. r F:.C: include properties fronllng on Federal HIghway between SE 2nd , t.:.. ~ .....--- -""'liiioL-'~::= - ~ : r :r' r r .r ~[: c.I:f=--ff and SE 3'" Street. South of SE 3'" Street, the rema1Ill11g Federal '-..:.~ ' ;'.: :-r' ~'..:c- r c . _ Highway frontage was zoned GC (General Commeraal). The l,. :...~ ' . r [ Q-: r r:. ,- , r. e . /" ' ... .[""""'.r- properties surroundtng the railway corndor between SE 2nd and ..,..- r; " .' [. r .' . :,.-r-: . rt~_ .' r SE 6" Streets were also zoned Gc. The area between SE 2nd and J o~r-: ..~ . . l: r_._ . " - (- - r-' SE )"' Streets, between the two commercial zones was zoned lUvf ~: r->. r F C, .I.!:"S _C-' __ fMb Trr'c[.r' H ,;, --E"';-, C. (Mulnple Fanuly Residennal ' Medtwn Density). Properties along -=. ~ 1 " r r - -r:-.... r- r;. the Swmton Avenue corridor, between SE 2nd and SE 9'" Street .._J ~-C ' I ....rf': ~r r were also primarily zoned 1Uvf. F111ally, the parks, open space and ;;. -.-' r,-. rC "C: _ .. .r . :,' . r . r::;-. . r,. r:-= ('- ~ r.- -..1[-'. r rrf:E=:C' '-'C" Y- -.....~ FPL faality in the south porf1on of the neighborhood, were -' 1:" t;"-'- ; c r:~' ~ .. (' - .. ' .. 'c' r' r-- "- ;C" If zoned CF (Community Faalines). ',,-. GC.:c- L c-: r, , .' . .. "-=-,,-:: --.:.:=; J~-==': .:::--; c:-: I r~ r" r r- ,C Srnce 1990, there have been several rezorungs 111 the area deahng ~r r- r - - "" r: . r:: r: Ie"_r .;" -('"" 'r primarily with the non-residennal claSSIficatIons These rncluded - r' r .--- ~ '.. 1(- 1 'r '.!L - -,ncC' 'c- the following: .. . 'C,. L::.""''-- -. "."" '1"""- ~ r J_.~ ! :- [. . "r c:- ~ .1 - -i':-'-! r , ::L'- E. _C : . (1992) .. Rezoning of the Federal HIghway Frontage between _'" :I:. _;;' ""__ ~ -~_ __~~ ~ __ .-..~.~~-...~--~~~--~~ SE 6"' and SE 7'" Streets from GC to AC (Automotive \, r:y-''''''-',,,,,,,,'' '- -~. - D LD (LoW Denaity 0-3 dulac) . CF (Community F..IIItIes) Commercial) to accommodate a used car dealership. ~ MD (Medium Danafly 5-12 ulac) . GC (Gen.....' Commercial) . (1994) - Rezoning of the two parks from CF to OS (Open o RDA-6 <_lop_AI Area 'SI . CC (Commercial Corel Space) and OS-R (Open Space and Recreation) . os (Open Sp..e) . (1995) - Rezoning of the railroad corridor properties from GC to CBD-RC (Central Business District - Rail Corridor) to accommodate hght industnal uses in the area. Figure 17. Cmrent Future Land Use Map . (1996) - ExpanSiOn of the CBD-RC district, west of the rail- e I T Y 0 F D E L R A Y B E A C H F L 0 R I D A 100 NW 1ST AVENUE DELRAY BEACH, FLORIDA 33444 EXISTING CONDITIONS OSCEOLA PARK REDEVEl OPMENT PLAN 12 ZONING road, southward to SE 7"' Street. .... - ..' . (2000) - ExpansIon of the CBD district along Federal I Highway southward to SE 4"' Street. As a result of the rezonings, the origmal five zoning distncts with- Ul the neighborhood in 1990 has Ulcreased to rune- R.l.A (Single Farruly Residential); , RJ\.1 (Medtwn Denslly Residential); GC (General Commercial); AC (Automotive Commercial); r:- r, CBD (Central Business DIstnct); 'to - ;:'~ r CBD-RC (Central Business Distnct - Rail Corridor); ,-[.' 0::--. CF (Commuruty Factlities); ,.....' 'r r: r r < c- OS (Open Space); and _~, = f' _ r,- OSR (Open Space & Recreation) .r r' 'j- r'{' P- rr-r _ -- ~. Zoning district locations are shown on the "Current Zoning L~~rr'5,:r Iif~A Ma~," (Ftgu.re 17). The foll~wing pa:agraphs. briefly describe the .. -.=' --.:: .:....:: _ _ zonUlg dtstncts that are applied Within the neighborhood area. r ~ i R-l-A (Single Family Residential) j The R-1 zoning dtstncts were created to provide areas of single .r:; ,.' r -r. i family detached residences and to protect those areas from the , T ~ ~-. '.f'r Ultrusion of Ulappropriate uses. The R-1-A distnct permits single ,'. ~ f<. ~. famtly residential units with a minimwn lot area of 7,500 square '&; ('r : r ' feet. Additionally, the distnct accommodates some non-residential .~~ r[:' :-:::;. uses (e.g. churches, day care facilities) as condttional uses. The R- .~. . -!: -: ~. ':f' ' , 1-A destgnation IS applied to most of the neighborhood east of ::-Lr r.' -C. r r;:; ~r- r~~',l!ll, "", . the FEC RaiIroad. :r-:' r' ( i;'~ \.'- I-c r .' _ ',~ L,''k{ -r '. J~ .r:.c...f" y~'~ RM (Multiple Family Residential - Medium Density) ; ,'c: ' .... T . ~ r T. i~ The RM district allows a va~e~ of hous~g types at densitie~ of 6 r!."... r. r.:.-.. (~ r _ f_ _~~~ ' -: to 12 uruts per acre. The distnct IS applied adjacent to SWInton -:--- ~:-. 'rr-'- (: ... r- -~ c:::, r- ~,' ! Avenue, between SE 20d and SE, 9"' Streets and east of the ratlroad, freer rc. ~ r, c.~. ':' ,~., " between SE 20d and SE 3.0 Streets. C" ,r. r: r . r r. r'/:,.<" .. r . ,r:- _r .. . C ,tol',;, .f rff' 2F:. ~.: ~ "c. '~rP~:.:"'.' CBD (Central Business District) c- ~" :-E . _t~ - .~" '-If J;,:~' .~; I. The CBD district was established to preserve and protect the cul- c -r i" -c- <... ~.., al L.' f d el B h d' ul _.- .--. .~ -..~...::::.....: -,~f::i':'''': tur and Ulst?nC aspects ~ owntown 0 ray eac. an Slm. ta. fr::,,: i F-- (r. '{-,.: r I. '~-.rf..~ neously proVide for the sttmulatlon and enhancement of the Vltal- .. ~::;. ~ '! C': 1. _ ...::. ~ F-": ~~ ity and economic growth of the area. The distnct accommodates F . '.Er: ,~. 1=. C: r' ~.~ a Wide rang~ ~f Ieslde~tlal and co~e.lciaI devel~pment and has r:. ~r' ~ 'r;: r. c -r'7:~- ':;~ speCIal proVlS1OfiS for lncreased denSIties and heights to accom- r .r.r, ,. ,.'e,]~ d bih Th di lid 1 th .- ~ )", ~_,:!:r _G- 2.._ .~:B- mo ate g er Ultenslty uses. e stnct IS app e aong e '\ 11/ ~ .~"_.._:.:._,~~~,_-"~_L__~...._~L:;;_-,,.1 Federal H1ghway Corridor between SE 20d and SE 4th Streets. .,. . RM (Mulbple Family Madlum Density) . CSD lCentta' Bus/nasa District) CBD-RC (Central Business District-Railway Corridor) Rf..A (Slngla Family) . GC (Genaral Commerclal) The CBD.RC district is a specialized dtstrict that IS intended to . 05 (Opan Space) . AC (Aulomollve Commarcial) allow for development of light industrial type uses on properties . OS-R (Open Space 6 Recreallon) . CF (Community Facl""es) th. th d b I .. th . at are In e owntown area, ut are Ul c ose proxuntty to e CBD-RC (Cent"" Buain... DisL Rail Corridor) FEC ratlroad. The purpose of the district IS to recogtllZe the long- standing light industrial character of this ratlroad corridor; to pro- Figure 18. Current Zoning Map d C th din d . f .. h VI e lor e upgra g an expansIOn 0 eXlsttng uses w en CITY OF DELRAY BEACH FLO RIDA 100 NW 1ST AVENUE DELRAY BEACH, FLORIDA 33444 EXISTING CONDITIONS OSCEOLA PARK REDEVELOPMENT PLAN 13 POLICE CRIME REpORT appropriate; and to enhance the economic growth of the central Person Cnme, Narcotics, Nuisance Calls, Traffic Related, busmess dtstnct by prOViding employment opporturuties in the Domestics and Suspicious Events calls. Property Crime mcludes downtown area. arrests for auto theft, burglary, and larceny. Persons crone includes GC (General Commercial) arrests for hormodes, assault and battery, sex crones, and robbery. NarcotIcs arrests tnclude all arrests for drug offenses. The GC dtstnct is tntended for small parcels of land that are SUlt- NU1Sance;suspicious events calls are reports of activities such as ed to small scale ret:ul, serViCe, and office uses. South of SE 4'" unlawful assembly, noise, dtsorderly conduct and tntoxication, Street:. most of the land fronttng on South Federal Highway is des- unlawful dtscharge of a firearm, trespassing, loitering, and prosti- ignated Gc. tution reports. -- AC (Automotive Commercial) Figure 19 The AC district is illtended to provide areas for the sale, lease or Police Incident CaDs (1999-2003) rental of automobiles. Full service dealerships, with attendant Osceola Park Neighborhood accessory serVice uses are also permitted. Free-standing full serv- 700 ice and speclahzed vehicle repair shops are permitted as condition- 600 al uses within the district. This zomng dtstnd IS apphed to a used car dealership on South Federal Highway, between SE 6"' and SE 500 7,h Streets. 400 CF (Community Facilities) 300 The CF district IS a special purpose district, primarily, but not 200 exclusively, intended for facilities which serve public, serm-publtc, 100 and private purposes. Such uses include governmental, religIOUS, 0 educat1onal, health care, social service and special faciht1es. The 1999 2000 2001 2002 2003 district is applted to the the FPL facility on SE 10TH Street and the . Property Cnme . Persons Cnme o Nuisance Calls open space/park between Swtnton Avenue and the railroad north o Suspicious Events . NarcotiCS Related . Traffic Related of SE 10" Street. . Domestics OS (Open Space) As shown in the above graph, the overall crime level in the neigh- The OS district was established to most appropriately identify borhood decreased by 20% over the five year period between 1999 parcels of land which are used primanly in an open space manner. and 2003. Narcotics related crime was the only category with an Created to reflect some of the open space areas as shown on the tncrease dunng dus ttme period, gOIDg from 11 in 1999 to 19 ID Future Land Use Map, the OS Distnct is applted to port1ons of 2003 - a 73% IDcrease. Of the remainmg categories, persons i land development projects which are primarily open space in crime had the largest decrease, going from 66 ID 1999 to 24 ID nature (e.g., water bodies) and to other open space areas, includmg 2003 - a 64% decrease. the municipal beach, which are normally not to have intense use .. . or commercializat1on. The district IS applied to the landscaped Compared to Citywide figures, overall crime in the Osceola open space area at northeast comer of Swinton Avenue and SE Neighborhood decreased from 329% of the citywide total ID 10'" Street 1999 to 2.76% ID 2003. Although this trend is encoulagtng, the OSR (Open Space & Recreation) current figure is still nearly twice the citywide average based on The OSR district was establtshed to most appropriately identtfy land area. Addtt10nal measures will need to be taken to realize fur- parcels of land which are used primarily for recreational or public ther reduct1ons. purposes ID an outdooI setting. Thus, it IS generally applied to CODE ENFORCEMENT parks, golf courses, and situatIons where pubhc recreatIonal facil- Staff examined City records for the five year period of 1999 to ities may exist. The district is applted to Currie Commons Park. 2003 to determine the presence of buildmg and property code POLICE CRIME REPORT violations that would constitute a blighttng influence. The viola- The Dekay Beach Police Department maintains crime figures for tions tncluded conditions such as the animal control, abandoned vehtcles, landscape issues, unsafe structures and uses being con- the City tabulated by a number of patrol grids. The study area is ducted on the property that are not permitted. During that pen- located within two patrol gnds (800 & 850). The crime statistics od, 3,124 calls were made for one or more of the these condttions. shown ill Figure 18 are compiled from the statistics for those two Figure 19 gives a breakdown of violatJons by year for the nelgh- grids which represent approximately 1.4% of the total city land borhood. area. The statistics include seven categones: Property Crime, C I T Y 0 F D E L R A Y B E A C H F L 0 R I D A 100 NW 1ST AVENUE DELRAY BEACH, FLORIDA 33444 PLAN IMPLEMENl ATION OSCEOLA PARK REDEVELOPMENT PLAN 14 CODE ENFORCEMENT Figure 20 The railroad also presents a noise problem In areas where it Wrect- Code Enforcement Violations (1999-2003) Iy abuts residential development. Although landscape buffenng Osceola Park Neighborhood would improve the situation, it IS the responsibility of the proper- -~. ~ -- - - --~~~~~-------------.-- ty owners to address the problem, since the landscaping would 1000 --~- ~- ~930---- have to be placed on pavate property. However, in areas where the 900 east/west roadways terminate at the railroad, landscape buffeting 100 is appropriate and should be installed by the City. 700 100 100 400 300 200 100 I 0 1989 2000 2001 2002 2003 r=--------- ----~-- o General Violation ~--1 .Abandoned Vehicle DAnimal Control mHousing Code .landscapmg . Nusiance L ~Occupat~~~al.license B Trash Pickup . Unsale Strucll!re _ ., J ... Based on this chart, there does not appear to be any trend for these violations. The average total Violations for the five year pea~ od was 624. The overall nwnber of Violations spiked to a much higher levelln 2000, dipped In 2001 and 2002 and then rose agaID 1n 2003. Figure 22. Roadway Terminus at Railroad i , Compared to Citywide figures, overall code violations in the Consideration must also be given to eluninating excessive com- , Osceola Neighborhood increased from 5.2% of the cttywide total mercial truck traffic through the neighborhood. Commercial truck. in 1999 to 8.3% in 2003. Since the neighborhood represents only tl:affic associated with the railroad commeraal corridor should be 1.4% of the total land area of the city, the 2003 figure is nearly 6 directed away from reSidential streets. times the citywide average based on land area. Drastic measures NON-CONFORMING LOTS AND USES will need to be taken to bring dus figure closer to the citywide I average. Existing development WIthin the neighborhood was examined for j deficiencies WIth respect to meeting today's land development PROXIMITY TO NUISANCES code regulattons. Lots were surveyed for such characteasttcs as The Osceola Park neighborhood is adjacent to a nwnber of prop- land use, lot SiZe, width, building size, meeting minimum parking .-. erties and transportation facilities that affect the stability of resi- standards and landscape compliance. -.' dential properties in the netghborhood. Residenttal properties Non-Residential Uses backing up to the Federal Highway and Railroad commercial cor- ridors contend with lncreased noise levels. overflow parking and Most non-resldenttal land uses witlun the neighborhood were uns1ghdy service areas. Landscape buffers between these commer- found to be consistent with respect to use witlun their respective cial/industrial uses and residential properties WIthin the neighhot- zoning dtstnct. However, problems with respect to other code hood are often deteriorating or nonexistent. Dealing with these requirements were identified within the non-residential zoning deficienaes would have a major impact on the neighborhood as a d1stncts on Federal Highway and adjacent to the FEC Railroad. whole. These problems include lack of landscape buffering and insuffi- cient parking. - " .j Residential Uses All existlng single-fanuly development WItlun the neighborhood is conforming with respect to use. However, 140 smgle-family lots (52%) do not meet the minimum lot size and! or lot width requu:e- ments within the R-I-A zonmg dtstnct. The Land Development Regulauons address thIS Issue with respect to the use of lots with- Figure 2L lkar of Commercial Uses Adjacent to Residential Properties in recorded subdiVisions. These "Lots of Record" may be used for I C I T Y 0 F D E L R A Y B E A C H F L 0 R I D A 100 NW 1ST AVENUE DELRAY BEACH, FLORIDA 33444 EXISTrNG CONDITIONS OSCEOLA PJ\RK REDEVELOPMENT PLAN 15 PEDESTRIAN CIRCULATION purposes allowed withtn the zoning district, as long as they com- ply with all other requirements of the dtstrict. It should be noted that these provIsions exclude duplex and multiple-family struc- ~ _ _ ~ _ _ _ _ _ tures constructed ~n lots whi~ are less than 8,000 sq ft. in size. Ir:::-r r:.:: I r,...~~ .' rr.~'~'. r'.'j -.1 '-~-l There IS also a hmitatlon that single-fanuly lots have at least 50' of I r r::::::: ' !.: . - d ~r~ rz:':'"_ c=,r.,. . . . ",-{I,' , ,r _J ~ r r:;rl .rc- , frontage. Some, of th~ smgle-fanuly lots Wlthin the neighborhood ~ ' -l;~1 r;; ~ - r _ ~l ~ ,'f r'j -~ .' '-' I do not meet this requirement. It:r:'. r;:: -J I j::..,.0' ~ n'. ,.- 'bri" J Ii. ,,",_2.' -~ IT> .~.. r..~ . 'I ",. f r:-. 1 .~ r- ~ r , r- I ~ oR. - J y, ":~ I~' r.1 _ _I ". {I ;r:" l/ ~li',-='l:;; I Of the ~4 duplex parcels,Wlthin the neighborhood, 19. (43%) are ~~ ~J~_ ~ : ~'Jll~~~~ ~..~ 1~'1~ I located m the R-I-A dtstnct, wluch does not pernut duplexes, and ~'r,-.rJir r: f Jiill ,[';:8 I JG'('I2.1iJ -. '_L': J" ~re therefore nonconforming with res~ect t~ use. Of the remain- L~ ~.~ ,6 . l:~'t;' ~'t~~ ~r r J I';' r5: R~ " mg parcels, 9 (20%) are non-conformmg Wlth respect to lot size r:i;...~.,;~~.J.,- ~~.t2,\f.~ '~."Q..' '~,i r'.."ri _~IIP: ~.'" i (l.e. less than 8,000 sq. ft.). 1.: ~\: rn. ~{'\f:. .:m ~. I 1- 'r.< '.1..< " I r rr; hi JZ:t. - ".,>~ I" , ',I J.K'" "' ' ~d-W ~ J Of the 22 r.nultifanuly devel~pmen~s within the neig~borho~d., 4 [tr~;Q: :' ~ :1011 ~'7 ~ I ", .,~ ; are locatedm the R-1-A dtsmct, which does not pernut multlfam- l're, l' ~, r_ .}1 r=7- ffi, _=-11 cr.""" ~I, H' " rn:l' ~ ' ~ t&!'::;' I 'W' .."", I j,!!' ily, and are therefore nonconformmg with respect to use. Of the TI_~' }ii;, . "" i'" ~ I'llfjJ ~m;;; . ai.'t! I-~.'.. .,-~;r;I i. H'G, ~~"' ~~~ F' cr;s B I ~ r ,.r-. J remauung proJects, within the neighborhood, 13 were found to be . "';. . ~ " __I 1.:::'...-_ _ .- -, ::" '_ -=-- - S::~ non-con~o~g with respect to ~ensity. Four of these projects 1W.'1.'~~. _ ~.it..'i r: "" t ,f.ll~j (' [~t ~ ~':'J :::: had densities m excess of 20 umts per acre and 1 exceeded 30 ~~, l ~.;;; l:",!' I _ ,-.R,- ) - I "'" :<," ' ' <F"4'! ~ r. III units per acre. ~.'~."" ~. ....' & If~(;j~ ;;,f1 fiii~fE . . Jf I ~- C.l~~; ----- --- -~ 1 PEDESTRIAN CIRCULATION - SIDEWALKS "I ~.-~~~ I,.:..~..::~i ~ri~~~~~~ '5, ~.~ ~ p~~ ~~.-= 11 ~ ~-~~ ~l~ I~' ~I ~ -ffQI F:;' I Sidewalks are provided on the perimeter roadways surrounding""""" ::'::. , ,:=rr.' &1 y-'~ . ~ ,c'.. ~h j the neighborhood. Within the neighborhood, however, sidewalks I~ ~! _R'lITil__ "FJ,W -..2:."'~,~~ 15_ ll'i15 ~ll j are provided on only about half of the residential streets. On I r ' ; '~I J 0::: Gl!i II ~Er ~ hi. : ') ; streets where sidewalks do exist, there are many missing or broken 1-';-' . .~-'-rl!1.l-' f~b Y r: ohHe'iff"';: L: . -L, - ,"" lJ]11i'i:. ~figl Q I:fl&lI segments. I!:, ~~'z..: ~ e;, rffCrr --tf' .' ~ ,~l = m-; .- " r:: ...,. 'ft", ".1,2 ~( , -- ,-G:" err "I ~~ -~ I t G- C") r "'. ,I , -- ... _ f ~~ @_ 1:'3. ,-"fA ~ ,~ __ Ir':-. -r' ~ - ,- L~F""~:=r; r:~."'." =.'."" '"'='lr'. 'I - -- - ~ tf.1:~r L~ _,~> _ r?-- -r; ..c... 117. (?- '" ~ f;t: r;-:c . h...' _ l. r L' J .-- L::....--- 1.,;;,- rr~ n-t=-'I , I r.;;. - ~ J,,'.,>-' - ,-\ --;- '-j;' . 'C':' I r. IC:7' ~-:':'" T: .r' ,-- ~ -,'~ l'r:: r:::: r: '. c ,~F.~ [;Sf:'; J i I lICE r=-- r, r L,..rr.1 I R. C"_' t; rr< h ~~::Jr J_ ", -c --_.~.~ L. . .....---- -l ~- f (,I"; r; r;; r. r'l !N r:;1~. ,- me. H, r:;; r;;\l - - - . i .. ~;'l"''iI)!N Iil~ J ~ r, , L:' '7' ~, .; FlgW'e23. Broken and Missing Sidewalks -1 rn;,' -"-----<- ~T ~_'r;1I",,~ r; 'n' mmt' II P:; ."" 1 "" .-., ~ I" , m =>--.' - to;' ""'...... ~r . - 'I' -' ' ~ ,J;!i'l _~ I-~' -"","" ,~- ~ ' t ~. -fK ,..:;1j LIti . ,m~ l,P cr- _Gi._ -H I STREET LIGHTING. lP.'o.. !r. LTi- 1= ~ :..1:" k ~ ~ =1 . . '. 11i!~ lOIq 1 ~ .~'~ ~. " 1ii l Typ1Cal cobra head street lights, attached to Honda Power & Light " ~ '-=---,' -:. Ii'.._ - -.:.. .:: ~'O _:::;'~: -: " pole~, are loc~ted throughout the neighborhoo~, primarily a.t road. . . ~ ,:. c r!i1.::~ _ {.;." ,p ~~ ;:~.' ~ . 2i:l , way mtersec~~ns and nud block. Al~ough this level of lighllng ~;, ~ Ii... L -- ~ -fil. _ "....' - _.:. ~ ~ il'illi. ; meets the nummum standards, ex:ceSSlve dead spots create oppor- _~' II I :Ilr! rf~. c<. trd;':::- f I, tumties for criminal activity and the overall feel is that of not m'c' ~ 1i1i1.~.:-1 :'r/'" ~~ ~.'c~ $----&l";;!mJ, 'ti ,IN --~ -fS. r;g\ - . IlIlla- , -,' being very safe when walking at night. This system should be aug-- ,_' 7;... r!l- -; -=-m ,~~ ~.: ~,; ,~::- ~ meated with lighting on private property - preferably reSIdential :.-- . -:~_ -- - _~'''''~'--'--~ ,- ---- scale pole lamps, in the front yard of residences. ALLEYWAYS . Exlalfng 61deW1llka Most of the alleys within the neighborhood are unpaved and over- grown. Figure 24. Existing Sidewalks C [T Y 0 F DEL RA Y BE A C H F LOR I D A 100 NW 1ST AVENUE DELRAY BEACH, FLORIDA 33444 --- u< :-1 ;--,1 PLAN IMPLEMENTATION ! J , , ! I I - , ~- :1 -- - - C I T Y 0 F D E L R A Y B E A C H F L 0 R I D A 100 NW 1ST AVENUE DELRAY BEACH, FLORIDA 33444 PLAN IMPLEMENTA nON OSCEOLA PARK REDEVELOPMENr PLAN 17 THE VISION THE VISION construcl1on contractors. Except for one parcel in the southern The essence of what the neIghborhood 15 stnvmg to become IS portion of this area, no changes are recommended for the area represented in the following Vlsion statements: with respect to use. However, the Market Report tn the Downtown Master Plan recommended butlding upon the niche . The Osceola Park Neighborhood has a strong ldenuty WIthin created by the large nwnber of Hatl1an businesses in the area to the CIty as a clean, safe, attracuve environment in wlnch to create a unique shopping expenence in the downtown area. live and raise children. Only one land use change 15 recommended for tlus area. The . The Osceola Park Netghborhood consists primarily of well- change involves the southernmost parcel in the area, located adja- maintatned owner-occupied single family homes on attrac- cent to the railroad behind reSIdential properties fronting the 600 tively landscaped lots. block of Swinton Avenue. The parcel was zoned for multi-family . The Osceola Park NeIghborhood roadway system provides development until 1996 when it was rezoned to CBD-RC Since for excellent access and traffic flow while mamtairung traffic its rezoning, it has had two different SIte Plan Approvals for light volume and vehicle speeds at low levels on reSIdential streets. mdustrialj commerCIal uses. Both Site Plan approvals have . The Osceola Park Neighborhood provides for excellent expired. It IS recommended that the FLUM designal10n and zon- pedestnan access in and around the neIghborhood. ing on tlus parcel be changed back to accommodate multi-family development. Tlus amendment is consIstent with the designal10n . The Osceola Park Neighborhood contains a stgnificant nwn- for properl1es on the east side of Swinton Avenue in this area and ber of preserved historic structures which contnbute to the will present less problems WIth respect to compatibility WIth exist- , charm and character of the whole neighborhood. ing residenl1al development. If this parcellS not developed in the . The Osceola Park NeIghborhood provides space for children short-term, an alternative use for the property could be for a City to play outdoors in a safe, controlled environment. Park. I , . The Osceola Park Neighborhood provides the opportunity , SE 2nd Avenue, which is split by the railroad in the 200 block, IS for compatible business development and redevelopment w ^ ~ select areas. the major commerCIal roadway tn tlus area. On the east SIde of the i raJlroad, parking IS a problem on SE 2nd Avenue, due to the linut- The purpose of this plan is to develop strategtes to gwde the ed nwnber of off-street parking spaces provided by the business- neighborhood in the direction prescribed in the above vision es and the concentration of automotive repau: establishments., statements. This equates to the three mam proposals of this Plan: Where parlung is provided, most spaces are configured as black- out parking dtrectly mto the roadway. Tlns creates a hazardous sit- . Eliminatton of the problems associated WIth small lot duplex uation dunng peak hours. A concentration of high turnover retail , and multi-family development tntermixed WIth smgle-family and semce facilities, catering to the Haitian community, con- development. tributes to the lngh level of traffic in the area. . . . Reduction of the negative impacts associated WIth through A primary focus in this area will be to provide addttional parking and non-residential vehicular traffic on local reSIdential for the businesses In the area. One location for additional spaces ....,#J streets. will be on SE 2"" Avenue, adjacent to the raJlroad. Another poten- . Improvement of the physical appearance of the neighbor- tiallocation would involve acquisil10n of the currently vacant lot hood through enhanced police activity, code enforcement and at 215 SE 2nd Avenue to create an off-street parlung lot. The for- beautIfication. mer structure was demolished on the site and its hmited sIZe will REDEVELOPMENT SCENARIOS BY AREA make redevelopment difficult. Given the limited amount of vacant land, future development In The parktng of overflow vehicles from the automotive repair the Osceola Park Neighborhood will consist primarily of infill facilities on urumproved surfaces will be targeted for code development and redevelopment. The folloWUlg dtscussion pro- enforcement and these facilities will have to ftnd other ways to vides a basis for a plan for future development witlun the area. It deal with the problem on site. For example, automobiles being is the wtent of this Redevelopment Plan to provide for the type stored on-site for parts should be relocated to another location and Intensity of uses that are appropriate based upon the locauon and customers should be scheduled so that an excessive nwnber of the property, the configuration of the particular parcels, and of cars waiung to be repaired are not on-site at anyone t1me. the nature of the surroundtng uses. The Railway Corridor Another focus for this area will be to improve the traffic circula- tion for commercial trucks on the 400 block of SE 1" Street. This This area contains a mix of hght industrial and commercial land narrow street is a dead end roadway WIth light mdustrial develop- uses including automotive repair, cabinet maktng, boat repair and ment on the east side of the road and residential development on C I T Y 0 F D E L R A Y B E A C H F L 0 R I D A 100 NW 1ST AVENUE DELRAY BEACH, FLORIDA 33444 PLAN IMPLEMENfATION OSCEOLA PARK REDEVELOPMENT PLAN 18 REDEVELOPMEN f SCENARIOS BY AREA the west. Truck traffic currently maneuvers on SE 4th Street to car dealership, a body shop, a automatic car wash facility and vehI- back up southward onto SE 1st Avenue. WIth the intersecnon of cle rental. No land use changes are recommended for the area. SE 4th Street and SWlIlton Avenue so close, tlus tmpedes traffic flow and creates a hazardous sItuaoon. It is recommended that SE Lumted intervention is needed m thIS area. The major focus for 6'" Street be paved between SE 1" Avenue and Swinton Avenue to the area will be to tmprove the alleyways separating the commer- provide a more CIrcwtous route for the truck traffic. cia! development from the resIdenoal propernes to the west and to enhance the buffers between the two uses. There are no buffers Commercial truck traffic serVIcing businesses in tlus area should provided by much of the older commercial development and this be dtrected away from residential roadways Truck traffic should has a negative impact on adjacent resIdential properoes. use SE 1'" street as the pnmary entrance pOlOt into the area and then turn south onto SE 2" Avenue on either side of the railroad Code enforcement will be used to target parking on unimproved Alleyways will be tmproved to provide access alternanves and alle- surfaces and to bnng landscape up to code. As in the railway cor- viate some of the serVIce functions on the roadways. The use of ndor, automoOve related uses will have to find alternative means SE 4th Street and the 200 block of SE 1" Avenue should be min. to deal with the large number of vehicles serVIced. Using the road- inuzed. Since tlus will require some type of traffic control meas- way swales and alleys as a permanent parking lot is not appropri- ures to achieve, It IS recommended that the CIty hire a traffic con. ate. sultant to study this Issue and make recommendations. It IS noted that a study is underway to reduce Federal Highway Additional landscaping will be added throughout this area, where from three to two lanes In the downtown area. The change IS pro- __. needed, to break up large expanses of paving and prOVIde some posed to extend south to SE 4th Street. If it occurs, this modifica- shade relief. Landscape will also be used to buffer commercIal tion will include wider sidewalks and addttionallandscaping along properoes from adjacent reSIdential development. the roadway making the area much more attractive to pedestrians. Over the long term, this will lead to a higher level of retail devel- Finally, the disposition of the aty owned parcel of land at the opment along the corndor. northeast comer of SE 1" Avenue and SE 4'" Street should be. Swinton Avenue : investigated. This property, wluch IS not be maintained, contaUls a . city well. Alternatives Include the follOWIng: This area contaUl a mix of single family and multi-family develop- . Sell the property wIth an appropnate easement for the well. ment. Noland use changes are recommended for the area. One potennal buyer is the property owner to the north. Lumted pubhc intervention is needed in tlus area. However, rede- . Construct off-street parkIng for use by local businesses. It velopment opportunities exist along the entIre corridor aggregate could also be deSIgnated an employee lot. aging and detenorating single and multi-family properties and . Landscape the area to prOVIde a break to the large amount of construct new multi-fanuly development. One such opportunity is paving in the area. to aggregate the five smgle family homes south of SE 6d. Street and redevelop the property together with the vacant parcel to the east. A multifamily project, similar in scale to Swinton Place, immedtately to the south, would be pOSSIble. Recommended tmprovements in the area mclude construction of SE 6" between SWInton Avenue and SE 1" Avenue, discussed in the R:ulway Corridor SectIon, and traffic calming at the intersec- tIon of Swinton and SE 4"'Street. This is a very busy intersection wIth stop signs on SE 4"' Street. Traffic confucts caused by speed- mg velucles and the volume of traffic entenng Swinton Avenue makes this a hazardous mtersection. It is recommended that a traf. fie consultant be hired to study tlus issue and make recommenda- tions. "- East Residential Area Pigure 25. City Owned Property on SE 1st Avenue This area is located between the FEC rail corridor and commer- Federal Highway Corridor cial development to the west and the Federal Highway commercial development to the east. The two block area between SE 20<1 and This area contains a mix of residential and commeraal uses. SE 3nl Street is currently zoned for multiple fanuly development. Automottve related uses are prevalent 10 the area, including a used The remaining parcels in this area, with the exception of Currie C I T Y 0 F D E L R A Y B E A C H F L 0 R I D A 100 NW 1ST AVENUE DELRAY BEACH, FLORIDA 33444 PLAN IMPLFMENTATlON OSCEOLA PARK REDEVELOPMENT PIAN REDEVELOPMENT SCENARIOS BY AREA 19 Commons Park and the community facilities parcels near SE 10'" Street, are zoned for sl11gle-family development. l\lthough 11 includes some duplex and muln-famtly scattered throughout the area, thIS part of Osceola Park is exclusively slngle famtly homes Therefore, the primary focus for tlus is IS to protect and enhance the single fanuly character of the neighborhood. To accomphsh t:lus goal, ills recommended that most of the multi-fanuly zoned parcels, between SE 2nd and SE 3n1 Streets, be rezoned to single fanuly. The parcels, whtch front directly on SE 2nd Street and one addttional parcel to the rear, will retam mulo-family zoning as a buffer from this busy commercial street and the Central Busines~ Dlstnct ZOrilllg to the north. To further reinforce the single-fanuly character of the neighbor- Figure 27. Parking in the Swales hoo~, existing duplexes will be targeted for conversion to single family homes. A CRA program, which provides grants up to mendaoon of tlus plan. Only about 50% of the neighborhood $10,000 to do the conversion, will be promoted in the area. currently has sidewalks and there missing links m in those area as well. Finally, additional recreational opportunities are needed in this area to support the children m the neighborhood, which make up 28% of the total population. Although there is a shortage of undeveloped property, appropnate for a pocket park, in the netgh- borhood, two parcels have been identified for consideraoon. The first is located at the terminus of SE 6'" Street, on the east Side of the railroad. Development of the site could proVlde playground faalilles for younger children. The second slle IS located adjacent to SE 1" Avenue, between SE 8'" and SE 9"' Streets. Developmenr of tlus site would be oriented to teens WIth proVlslon of a half Figure 26. Example of a Duplex Convened Under this Program basketball court, parkmg and open space. Traffic. calming measures will be strategtcally located throughout RESIDENTIAL DEVELOPMENT the netghborhood to reduce speeding. Neighborhood identifica- The mecl1an age for residential structures in the Osceola neighbor- cion signage and landscaping will be lncorporated into curb bulb- hood is 48 years old and 58% of the buildings are at least 40 years outs at the entrances to the neighborhood. Streetscape will also old. Given their age, It is likely that many bwldings do not meet --- play an important role in traffic calming the neighborhood. The current life safety regulations with respect to smoke detectors, lack of street trees or other visual elements at the Sides of the emergency egress escape WIndows, hurricane anchorage, electrical roadways exa~g~rates the width of the streets and creates a high- wiring, etc. This plan recommends the creaOon of an incentive way feel. This In turn leads to speeding. Removing excessive program to upgrade these items. pa~g, regrading swales and planting street trees will help the sit- East of the Railroad, within the single-family portions of the uation neighborhood, there are a number of small-parcel duplex and Another focus of the plan for this area is to reduce the excessive multiple family devdopments scattered among the single family parlcing along roadways, in the swales and in many instances in residences. Over 69% of the duplex units and 92% of the multi- front yards. To accomphsh this, it is recommended that the alleys family units in t:lus area are rentals. Unfortunately, the combina- be paved to provide enhanced access to the rear yards. Although tion of apathetic landlords and unmotivated tenants has resulted some properties already utilize the unpaved alleys to access park- in many detenorating duplex and multi-family properties. Lack of ing in the rear, this improvement ,"vill make this opcion much more building maintenance (painnng, window and door repair, etc.), attractive. With more unlization, the alleys will become a impor- inadequate and overgrown landscaping, crowding and overparkmg tant component of the public space and more eyes in the area will are the major problems.-Combined, these problems have a blight- help to deter crinunal activity. ing mfluence on adjacent single family homes. Completion of the sidewalk: system is also included as a recom- Single-family homes in the neighborhood are generally in good C [ T Y 0 F D E L R A Y B E A C H F L 0 R I D A 100 NW 1ST AVENUE DELRAY BEACH, FLORIDA 33444 PLAN IMPLEMENTATION OSCEOLA PARK REDEVELOPMENT PLAN 20 RESIDENTIAL DEVELOPMENT condition with Isolated 1I1stances of su:uctural decay. However, be made available citywzde In order to avoid a concentration of ajJOrd- there are a nwnber of propernes with front yards in need of land- able housing in specific areas of the City. scape improvements such as installation of sod or other ground cover and planting of decorative shrubbery. Duplex Conversion Program. The CRA's Commumty Redevelopment Plan includes a program to convert non-conforming duplex struc- It is the intent of dus plan that all new resIdential development or tures to sUlgle family resIdences. The program provides grants up redevelopment, located east of the railroad, be single-fam.1ly to $10,000 proVlded the converted unit is owner-occupied for a detached housing. The only exceptions to dus are for properties nunimwn of 5 years after the conversion. Since over half of the fronting on SE 2..1 Street or Federal Highway where multi-family duplex structures within the neIghborhood have the owncr living development will be permItted. The Future Land Use Map deSIg- in one of the units, some of these owners might take advantage nations and zomng will be amended where necessary to support of this program. this goal. Housing Improvement Programs One of the recommendations of this Redevelopment Plan is to prepare and distribute brochures detailing these programs to There are a number of existing City and CRA programs wluch are property owners 111 the area. available to improve housUlg 111 the neighborhood These include: BUSINESS DEVELOPMENT Bootstrap Program. A City program created to help lIUprove the Opportunities for new commercial development are very limited extenor of owner-occupied single fanuly homes. The program tar- m the neighborhood Wlth only 1.16 acres of vacant land current- ... gets certain areas each year so that whole neighborhoods can be ly zoned for commercial uses. However, there are opportunities . -- .., improved. Qualification for the program is based on income level. for new business development through the redevelopment of The focus for the Osceola Park neighborhood will be on yard existtng propernes within the neighborhood's commercial dis- I dean-up and landscaping work.. tricts. 1\1any of these propertIes contain marginal uses with deteri- j orattng su:uctures that are ripe for redevelopment. Given the close Subsidized Loan Program. A CRA program avatlable to SIngle and prolUIIlity of thts area to the downtown and significantly less multi-family properties for extenor improvements. There are no property values compared to the downtown core, market pres- speaal qualifications except that the property must be located sures on thts area for redevelopment are likely to increase. within the CRA wstrict. This quahfies all of the neighborhood area. Loans for residential structures have hmits of 15,000 for a The "Marketing" chapter of the Downtown Master Plan con- single-family residence, $20,000 for a two-family residennal struc- tamed recommendanon for commercial development by business ture, and $5,000 for each residential unit combined in a bwlding cluster. The Osceola Park commeraal wstncts are located Wlthin of three or more units. A loan ceiling of $50,000 applies to multi- Cluster 5. The follOWIng excerpt from the Plan is a recommenda- family su:uctw:es of ten or more umts. Loans are amortIzed over tion for the future development of this area. a maximum five-year period and prinapal payments are made monthly. The CRA prepays 95% of the interest charges, set at the "Recruitment efforts should also focus on building upon Haitian prime rate of New York banks, at the closing of the loan. The businesses alrea4J in the area. This niche would serPe the needs of the exterior improvement program for resIdennal properties may local HaitIan community as well as attract visItors and local residents include: re-roofing, painting, signage, driveway paving, doors, WIn- who were lookingfor a umque shopping experience. .. dows, fencing, extenor modifications (porch, chimney), landscap- Business Assistance Programs ing, awnings, security systems, rotten wood replacement, shutters, siding, exterior lighting, and 1fDgation systems. There are a number of existing programs which are available to businesses in the neighborhood. These include: SHIP Program. This is a State program. Although the CIty current- ly utilizes all its SHIP money within the CDBG area, the program CRA Subsidized Loan Program. This program is available for busi- allows funds to be used to proVlde grants or loans for rehabilita- nesses withtn the CRA wstrict. The program was originally devel- non of existing homes throughout the aty. These funds could be oped in 1990 as an UlcentIve for property owners to upgrade the used in the neIghborhood to create-home ownership opportwU- appearance of their properties. The program was expanded in ties for very low, low and moderate 1I1come households. Tlus issue 1992 to include loans for the creation of new businesses and inte- is addressed in Pohey B-1.3 of the Housing Element of the rior mowfications to existing structures to accommodate new Comprehensive Plan as follows: businesses. Exterior renovation loans for commerClal structures have a maximum loan hmit of $20,000 per building. The use of The Ciry will utilize funds availabk from state and federal programs the funds are identical to residential extenor loans. The CRA pre- such as HOME and SHIP to create home ownership opportunities pays 50% of the interest charges, set at the pume rate of New for very /ow, /ow and moderate income households. These funds will York banks, at the closing of the loan. e I T Y 0 F D E L R A Y B E A C H F L 0 R I D A 100 NW 1ST AVENUE DELRAY BEACH, FLORIDA 33444 ----~------ PLAN IMPLEMENTATION OSCEOLA PARK RI" DEVELOPMENT PLAN 21 BUSINESS DEVELOPMENl Business loans may be made to either a business or to a property Small Business Administration 504 Program. This program uses owner who Wlshes to renovate the mterior of a structure. Loan Certified Development Companies (private, nonprofit corpora- hmits are $50,000 and the proceeds may be used for tenant nons set up to contnbute to the econOffi1C development of the1r improvements (mtenor). The loan IS amortized over a five-year commwunes or reglOns) as intermedtanes. It provides long-term, period. The lemhng insntution dIsburses the funds after the fixed-rate financing to small busmesses to acquire real estate or approved apphcant submits mVOIces or purchase orders. The lend- machinery or equipment for expanslOn or modernization. ing institution sets its specific terms of disbursement. The tenant Typically a 504 project mcludes a loan secured from a private-sec- must be one whose use is permitted by the City's land develop- tor lender with a sernor hen, a loan secured from a CDC (funded ment regulations. As Wlth the extenor renovation loans, the CRA by a 100 percent SBA-guaranteed debenture) Wlth a jwuor lien pays 50% of the interest charges. covering up to 40 percent of the total cost, and a contribution of at least 10 percent equity from the borrower. The maximum SBA CRA Site Development Assistance Program. This CRA program pro- debenture generally is $1 million (and up to $1.3 million in some vides limited fundtng in the form of grants or loans to cover land cases). development costs associated with new development or redevel- opment. The program helps subsidtze costs of Site development Small Busmess Administration Micr%Olt 7(m) Loan Program. TIlls pro- such as site deSIgn and engineering. gram provides short-term loans of up to $35,000 to small busi- nesses and not-for-profit child-care centers for working capital or One of the recommendations of this Redevelopment Plan is to the purchase of inventory, supplies, furniture, fixtures, machinery prepare and distribute a brochure detailing these CRA programs and/ or equipment. Proceeds cannot be used to pay existing debts -,..,. to all existing busmesses in the area. This brochure would also be or to purchase real estate. The SBA makes or guarantees a loan to used as part of a marketing package to attract new businesses to an intermediary, who in turn, makes the microloan to the appli- the area. cant. These organizations also provide management and technical I I assistance. The loans are not guaranteed by the SBA. In Palm j In addition to these programs, there are a number of buslOess Beach County, these loans are avatlable through ''The Business loan programs available from the Federal Government through Loan Fund of the Palm Beaches, Inc." I the Small Business Administrat:lon. SBA administers three sepa- I HISTORIC PRESERVATION I rate, but equally important loan programs. SBA sets the guidelmes ! for the loans whtle SBA's partners (Lenders, Community Historic districts provide a legal framework and incentive for pro-. Development Organizations, and lvficrolending Institunons) make tecting the lustoric buildings witlun the district. Historic designa- the loans to small businesses. With a guaranty loan, the actual non can give a sense of identify to a neighborhood and instill funds are provided by independent lenders who receive the full pnde in residents. It can also help to stabilize and improve prop- faith and credit backmg of the Federal Government on a pornon erty values. I of the loan they make to small business. I In 1999, the City hired Janus Research to perform a histone site The guaranty which SBA provides these institutions transfers the survey to determine if the creation of a histonc district within the risk of borrower non-payment, up to the amount of the guaranty, Osceola Park Neighborhood was warranted. Janus found that the ^:-j from the lender to SBA. Therefore, when a busmess apphes for an neighborhood, did not IDalOtain the integnty or concentration of SBA Loan, they are actually applying for a commercial loan, struc- historic bwldings to be designated as a local histonc district, but tured according to SBA requirements, which receives an SBA recommended that the City consIder creation of a Local guaranty. Conservanon DlStriCt. Small Bllsiness Administration Bastc 7a Program. The SBA 7(a) pro- Conservation districts prOVIde the following benefits: gram serves as the SBA's primary business loan program to hdp . a mnnicipal policy for the protection of older properties out- qualified small businesses obtain financmg when they might not side of historic districts; be eligible for business loans through normal lending channels. It is also the agency's most flexible business loan program, since . enables the preservation of older neighborhoods' character; __ J financing under clus program can be guaranteed for a variety of . estabhshes an objective selection criteria similar to that criteria 1 general business purposes. Loan proceeds can be used for most used for historic districts; sound business purposes includmg working capital, machinery . tailors design gwdelmes to the degree of regulation desired by and equipment, furmture and fixtures, land and building (mcIud- the neighborhood; typically, new construcnon and additions ing purchase, renovation and new construction), leasehold are regulated, while general repau:s and mamtenance are not improvements, and debt refinancmg (under special condtnons). regulated; Loan maturity is up to 10 years for working capital and generally . authorizes design guidelines for conservation districts general- up to 25 years for fIXed assets. C I T Y 0 F D E L R A Y B E A C H F L 0 R I D A 100 NW 1ST AVENUE DELRAY BEACH, FLORIDA 33444 PLAN IMPLEMENTATION OSCEOLA PARK REDEVELOPMENf PUN 22 FU'I1JRE LAND USE ly, or allows them to be specific to each dtstnct; · proVIdes an alternative method to preserve many older areas _ _ - that have expenenced some detenoration, demol1tion, or r;'<i-~-"9!u. 1% 1Vi~~~,' incompatible alterations; and : r r:. ., r'r"'~\;-F-t~~~'.'.i' :_::... r;- ~. - ~:,.r-i-'--='" r- f;:;~'~ . stabilizes dechning neighborhoods and protects and enhances : -f'" r-~.::-.-. -J: - r:""r r~' r::- r;::..-' < . ,r-I: ,- . , . -. r- 2 property values '" ~~_.. ~ - - _ - ? -r [ _ c-:..- "-',,I 4 ~ .. ' : (. r ' r:. ~_ -. _ ',- r., Given the number of older structures within the neighborhood . ~l - ..... . - r- ~ r ' ~7 , . that do not currendy have the benefit of protective regulations in I : S 5!='. :1": n::_ >. ~.) . place to .preserve their historic value, it is reco~men.de~ tha~ ~e _ ! ~~, '~h:~" . r;: ~ ~.~. -r-;r' C1ty begtn the process of creating a Conserval1on D1stnct Wlthin L r-I"....r::-: :r-. . [CD- l"". · -, C\ '\ 7 Osceola Park as soon as possible. ~ : - e 't . r(;' ' ,r .~: -(" r LV '1"- ", FUTURE LAND USE - .!J.. .rP:? r. 1 r (;-:, · 'J" c_ . r- 'r Adoption of the Redevelopment Plan will require amendments to .. ='!~ _' -- F~ p. _ ~ r r C-:,;... the C1ty'S Future Land Use Map and a number of text amend- I' r, c.... -..{ r: r, ments to the Comprehensive Plan. These amendments will be : 'r~-::- . r (;-. r r-( r.o. adopted as a portion of Comprehensive Plan Amendment 2005- i ~~:. :,.r::- .. r r;: . .. Ll:l:-i; Lr;::lrr~.r r~r 'L- -. -' -~ The northern part of the neighborhood is currendy designated as I:~~ ~ [r-~i-rr (";~ r~'~ ~~ ~~ r RDA-5 (Redevelopment Area #5) on the Future Land Use Map ="''''~....:. -F ....~ T"',.. .c'. r- (FLUM). Five Future Land Use Map designations will be required :: F .Cr . __~S~_ '1,:' r .r-t:~' ~ ~ , to accommodate eXIsting or proposed development within rede- ! ~[~:. ::::'"' f::- -.:. r- ~E 1;0- 'r r;:' , , ' ,'. I r ,....--~. . velopment area #5. No FLUM changes are required outsld~ the !: r: (;;\ ; '2 ~ t' r.', T r 'r-' T <;, bOWldanes of the redevelopment area. The proposed destgna- :~ _ ~ ; r:- Lc ' ;i:, ;:-r [f:,. :.~ tions, shown on figure 27, for properties within dus area are as fol- _:' 'i.:_...__! 1 If ;:. '!'=";: ~ ,~. I'r- r r- r r. ~. I lows: ': ------ irr rr -~ ,r- rC- :P' I r:: ,_ r, r: ~- . Subarea 1: Properties along the FEC rail corridor, between i:rMD- - ~~~- 't:-,;.~, 'F . SE 2nd and SE 6'" Streets on the west and between S~ 2M ~nd i l..:-....:.::: -.f:- ' r:';'" F E ~ ~:_ . SE 5rh Streets on the east - Change the FLUM destgnation :. ' r- .r-- r. "r, C from RDA-5 to CC (Commerc1al Core) - approximately 10.26 !)~ .'r: ,.. r ~ r :' ~~_. acres. This change is required to accommodate existing com- ;-,! ~. 2"~r r.-~,u ~ r ,~ : mercial and light tndustrial development: The prop.erties ar~ l~ ' trtrr:r~~ "c" ~--~ r r, curn:ntly zon~d ~BD-RC (Central Bus~ess I?1srnct - Rail -r' .. .. -rp- -;:, r: r f ~. -r' Corndor), wh1ch IS cons1stent With the destgnatton. ~J::- . . ~ '1:7- "-t, r;- . C- -;: r-- -: _ ,c r:: .r- nF .-r' r: ,r L _ C e . Subarea 2: Properties along the Federal Highway corridor, : ~r- ~- ~{I --tlQ=" . 'C'; '-IF- between SE 2nd Street and SE 3'" Street - Change the FLUM . -,',-, :.-: -.;.'. ~~,--.-..::-, .~~ . . . .or-, I ,- r' . r;r r, des1gnation from RDA-5 to CC (Commerc1al Core) - approx- rr::. ! r- ('~_ {-r' r,-- r:-.- I 1 8 Tlu ch. d d - r", I r.:::., r- r - I tm.at~ y . acres. s ange 1S reqwre to. accommo ate C': LC -r 'I" -, ....... -:: r- extstIng commerClal development. The properties are current- .F -. Er 't'-. r., r r- ly zoned CBD (Central Business District), wh1ch 1S consistent 'I F "r"~. J::, p f-;, . d . ,r""'::'= .or- r" ~ r' r:- 1 Wlth the eS1gnation. ".,.::..... ". j("....., >,..- -' ----, '. ~\, 1-'-" ;",~.,-!!-.:::.~ --~--..-~-~----~-~"'I...!!~---- . Subarea 3: Properties along the Federal Highway corridor, . '" rh . LD (Low Density 0-5 dulac) OS (Open Space) between SE 4 and SE 5 Streets - Change the. FLUl\f des~- . MD (Medium Denslry 5-12 duloc) . GC (General Commercial) nation from RDA-5 to GC (General Commeraal) - approXl- . CF (Community Facllltteo) . CC (Commercia' CoreJ mately 0.85 acres. This change is required to accommodate existing commercial development. The properties are current- ly zoned GC (General Commerc1al), wluch. is conststent with the deSIgnation. Figure 28. Proposed Future Land Use Map CITY 0 F DEL RAY B EAC H F LOR I D A 100 NW 1ST AVENUE DELRAY BEACH, FLORIDA 33444 PLAN IMPLEMENTATION OSCEOLA PARK REDEVELOPMENl PLAN 23 . Subarea 4: Lots 6 to 14, Block 79, Town of Delray, located ~ -- on the east s1de of SE 1" _'\venue, between SE 2"" and SE 3'" Streets - Change the FLUM designatton from RDi\-5 to MD (Medmm Density Residential - 5 to 12 du/acre) - approXl- mately 1.41 acres. The properttes are currently zoned IUvl (Residenttal - Medtwn Density), which is consistent Wlth the designation. - . Subarea 5: Properties on the west s1de of the FEC rail coni- -r-c.: r r re- dor, between SE 6'" and SE 7'" Streets - Change the FLUM [r l designation from RDA-5 to MD (Medium Density Residenttal - 5 to 12 du/acre) - approxtmately 1.23 acres. This change 1S required to accommodate exJ.Sllng and proposed development. The area consists of two parcels. The southern parcel is zoned r -~ _lr 'c--- RM, which is conSistent Wlth the designation. It is a part of - c- r:-" SWUlton Place, a 19-U1llt townhouse development The north- .. t: r: _ (- f.Y r-_ C"' ern parcel, which is Wldeveloped, is currently zoned CBD-RC ,r rr _ _G.~ -- (Central Business District - RaIl Corridor), which IS not con- :' :_~~fI:-f~;= rif~ .~ sistent WIth the designation. Therefore, a rezoning of tlus par- 1~ "-. - -- ~-- , cel will be required as well. r Cr-[rr:r ('r r. [- W -::;rr ~' i I ____ ._ I Subarea 6: Properties fronting on SE 2nd Street, between SE rrr J . 3nl Avenue and the Federal Highway frontage properties - _r_ 1 Change the FLUM designation from RDA-5 to MD (Medium Density Residential - 5 to 12 du/acre) - 3pproxtm3te1y 1.12 acres. The properties are currently zoned JUI..{ (ReSidential - Mediwn Density), wluch is conSistent with the designaoon. rF . Subarea 7: The remainmg properties between SE 2nd Street and SE 5'" Street, between the Federal Highway commercial , frontage and the commercial/industrial nul corridor. - Change , the FLUM designatton from RDA-5 to LD (Low DenSity Residential- 0 to 5 du/acre) - approximately 19.75 acres. All L of the parcels, south of SE 3'" Street, are currently zoned R-1- -. , A (Single Fanuly Residential) wluch IS consistent with t1us des. ignation. The parcels, located north of SE 3n1 Street, are cur- rently zoned RM (Residential - l\fediwn Density), which is not consistent Wlth the designation. These parcels will be rezoned concurrently with the FLUM amendment. In addition to the above changes, modificatton of Future Land -- Use Element Pohcy C-2.6 is required to reflect adoption of this Plan for the "Osceola Park Redevelopment Area," and to require that all future development be in compliance Wlth the adopted Plan. Processing of this amendment will be Wldertaken by the -- 1",-- Planning and Zoning Board and City Commission concurrent . RM (Multiplo Family MedIum Density) . CBD (Central Bu.I..... District) with consideration of the FLUM amendment. ---; R1-A (Slnglo F....IIy) . oc (Genetoi Comm.rcl.l) ZONING MAP AMENDMENTS . os (Open Spece) . AC (AutomollVo Commercl.l) . os (Open Space & Recro.don) . CF (Community FaclIitloel Most parcels within the neighborhood area will retain their current . CBD-RC (Central Busl"""a Dial Rail CorrIdor) zoning. However, implementation of the neighborhood plan will require rezoning of some parcels in the area. The proposed rezon- Figure 29. Proposed Zoning Map C I T Y 0 F D E L R A Y B E A C H F L 0 R I D A 100 NW 1ST AVENUE DELRAY BEACH, FLORIDA 33444 PLAN IMpLEMENTATION OSCEOLA PARK REDEVELOPMENT Pt.o\N 24 ZONING MAP AMENDMENTS lOgs, shown on figure 28, are as follows: flooding, Locahzed floodmg on some streets is due to poorly . Subarea 1: 1 parcel on the west sIde of the FEC rall corndor, mamtamed swales which have become bu1lt up over the years. south of SE 6'" Street - Change the zonIng designation from Street hghting IS proVided, but the lightl11g level is inadequate m CBD-RC (Central Busmess District - Rail Corridor) to R..M many areas. The following secllon outlines the proposed tnfra- ~1ultiple Fanuly ReSidential - Medium Density) - approXl- structure improvements in the area. mately 0.85 acres. Traffic Circulation . Subarea 2: 33 properties, located south of the frontage prop- Verucular Traffic Circulation. Traffic problems within the neJ.gh- erties on SE 2"" Street to SE 3'" Street, between the Federal borhood Include speeding on local reSidential streets, lack of Highway commercial frontage and the commerClal/mdustrial observance at stop signs, and commercial through traffic to the rall corndor. - Change the zoning designation from JU..f light Industrial/commercial propertIes along the rail corndor. ~{ulllple Family Restdentlal - Medium Density) to R-I-A Poltcy C-l.l of the Transportation Element of the (SlOgle Fanuly Residential) - approximately 591 acres. Comprehensive Plan addresses this issue as follows: The rezonings will be considered by the Planning and Zoning EffortJ Jhall be made to limit excessive through-traffic and nonresi- Board and CIty Commission concurrent with the FLUM amend- dent tal traffic on local roadJ within reJidential neighborhoods. Where ment. a problem with Juch traffic tJ .rpedjicalfy identified, it Jhould be LAND DEVELOPMENT REGULATIONS addrmed through the uttnzatton oj traffic calming meaJureJ, Juch a.r _=,;J round-a-bouts, medtanJ and .peed humpJ. ~--'_\ Processing of LDR text amendments made necessary by the Neighborhood Plan will be initiated immediately follOWIng the The intent of the policy is clear-this type of traffic has a nega- adoption of the plan. As dtscussed In the "Existtng Conditions" tive impact on the quality of life in residential neighborhoods and i Section, there are a conSiderable number of non-conforming res- must be controlled. The following measures are recommended to idential structures within the neighborhood. Addttionally, some help alleviate the problems associated With verucular traffic in the ! duplexes and multI-family buildmgs will become non-confornung neighborhood: with respect to use as a result of the recommended rezorungs. It . Reduce the highway feel on local residential streets by remov- IS a goal of this Plan that residential propertIes in the neighbor- Ing additional pavement used for off-street parking on all sin- . hood be upgraded and improved. Article 1.3 of the LDRs, NON- gle fanuly homes and multI-famtly structures where pOSSible. CONFORMING USES, LOTS AND STRUCTURES, places limits on expenditures for repair and maintenance of non-con- . Plant street trees to add visual interest and reduce the feeling forming uses and structures. In order to prevent further decay, an of Width of the roadways. , amendment to the LDRs will be initiated to Increase the current . Remove contltcting landscaping at the intersections where , expenditure broits for reSidential propertIes withm the netghbor- visibility IS a problem. , hood. Install traffic calming measures on selected streets to control . , INFRASTRUCTURE IMPROVEMENTS speeding and nonresidential traffic. The use of curb bulb-outs at the entrances to the neighbo:rb.ood will include landscaping ..' Overall, the neighbo:rb.ood has a fully developed Infrastructure and signage for neighborhood IdentifY. Two round-abouts are .. system. Street surfaces are repaved on a regular basis and repaired planned for southern end of the neighborhood where exces- as needed. Although there are isolated areas with drainage prob- sive speeding is a problem. The location of these improve- !ems, the area as a whole does not have a serious problem with ments is mdtcated on the "Master Plan" (Figure 30). . Pave SE 6,h Street between Swinton Avenue and SE 1 st Avenue to proVlde improve truck access. . Hire a traffic consultant to study the commercial truck traffic In the neIghborhood and recommend ways to direct the traf- fic away from reSIdentIal areas. . HIre a traffic consultant to study the SWinton Avenue I SE 4d, Street Intersection to make recommendatIons regardmg traffic cahning. Alleys are pubhc spaces, service streets. As such, they service bOOd- ings, both reSidential and commerCllll. They must be wide enough to accommodate trucks, dwnpsters and utthtIes. Alleys need to be Figure 30. Localized Flooding in Swale Areas easily accessible both for vehicles and pedestrians, but they have no C I T Y 0 F D E L R A Y B E A C H F L 0 R [ D A ---- 100 NW 1ST AVENUE DELRAY BEACH, FLORIDA 33444 --- PLAN IMPLEMENTAflON OSCEOLA PARK REDEVELOl'MENl PLAN 25 INFRASTRUCTURE IMPROVEMENTS sidewalks, setbacks or landscaping. The service and separation pro- VIded by alleys lffiproves the overall aspect of the general streets, enhances the pnvacy of rear yards and the back of buildings. The ~ - - alleys throughout the neighborhood should be improved to pro- VIde a means to access alternative parkmg m the rear yards. Pedestrian Traffic CirculatIon. Damaged Sidewalks or lack of sidewalks on malor roadways discourages walktng around the netghborhood. Policy E-3.3 of the Public FacilitIes Element of the Comprehensive Plan states as follows: -,' The City shall program 111sta//atlon of sidewalks on an annual basis, with the goal of completing a stife and convenient sidewalk system throughout the City ry the year 2000. The sidewalk system should be repaued and completed on reSi- dential streets witlun the neighborhood. The mstallation of side- '" walks will enable reSidents to safely walk from one area of the neighborhood to another. The proposed walkway system for the neighborhood is depicted on Figure 30. An mventory of cbmaged or OllSSing segments should be prepared as soon as possible. The Homeowners ASSOCiatIons should participate m this task. Repair of eXlstJng walks and installatlon of new walks should be includ- ed as part of an overall streetscape program for the netghbor- ! hood. It is also recommended that a study of the ra.1lroad cross- ings at SE 4'" and SE 10'" Streets be performed to deterffiltle if pedestrian safety can be lffiproved. Streetscape It is recommended that streetscape improvements be made to the neighborhood whteh includes additIonal street lights, street trees, repair of damaged Sidewalks, the addition of new sidewalks, ! removal of illegal on-street parkmg, and the reconstruction of drainage swales. The Homeowners Association should be involved in the location and deSign of all new facilitIes. Funding for the project would be shared by the City, CRA and the proper- - ". ty owners. It is recommended that the netghborhood create a property assessment wstnct which, in turn, would be the legal enoty With which the City would create a partnership. The forma- llOn of a property lffiprovement wstrict would giVe the owners a collecove voice 10 lffiprovtng their netghborhood. The district '- would contribute a portion of the moneys needed to pay for the improvements. The swale areas, which by city code are the mamtenance responsi- bility of the abuttlng property owners, are in poor condition in a large portion of the neighborhood. Over time these swales have filled up with soil to the pomt where they have lost the ability to - - - carry stormwater runoff. Additionally, a significant amount of . Traffic Colmlng Device swale area has been paved to provide on-street parlang. This cre- . Now MulU-Fomlly ates a visual Iughway effect on residential roadways and leads to . Inftll SInGle Fomily speeding. Regrading these swales and adding sod and street trees will reduce speeding, discourage on-street parking and improve Figure 31. Proposed Master Plan area drainage C I T Y 0 F D E L R A Y B E A C H F L 0 R I D A 100 NW 1ST AVENUE DELRAY BEACH, FLORIDA 33444 PLAN IMPLEMENTATlON OSCEOLA PARK REDEVELO}'MENT PLAN 26 INFRASTRUCTURE IMPROVEMENTS Once these swales are unproved, a program should be developed This Plan recommends development of a program to proVide to ensure that they are adequately maintatned. SlIlce dus effects additional extenor lighting on private property Under dus pro- the appearance of the neighborhood as a whole, the Homeowners gram, the CRA would share the cost with lIldtvidual property Associal1on should be given primary responsibility for the pro- owners to Install a decoral1ve pole hght In the front yard Photo gram. The program should include the following components: cells would be Installed In each fixture to ensure that the lights are . Quarterly inspections by the assoctation and annual Inspec- activated each rught. These lights would unprove security in the lions by the City. neighborhood by filling 1Il the dark spots between street lights. The program should be bid on a per light basis and installed in . Swale maintenance education for homeowners and tenants quanl1ties of 5 to 10 at a llme to reduce costs. The cost to each -- . conducted by the associal1on. resident who Wishes to participate in the program would be the . Code enforcement acl10n by the City when necessary. same. It IS recommended that the homeowners pay one-half the cost and that the CRA pay one-half. Another factor affecnng the general visual appearance of the FIRE PROTECTION neighborhood is the excessive number of deteriorating chain hnk fences 111 the front yards of residential properties. It is recom- The Dekay Beach Fire Department indicates that existing fire sta- mended that a study be completed to determine the status of all tions are sufficient to prOVide adequate response times and serv- nonconformmg fencing in the neighborhood. The netghborhood ice to existing development. The City will monitor the need for Association should be Included 10 this task. The feasibility of a fire protection as new development or redevelopment IS pro- program to require nonconfornung fencing to be removed within posed. five years should be determmed. ENHANCED CODE ENFORCEMENT UTILITIES Deteriorating structures, peeling paint, litter and overgrown and i J Water And Sewer Service unkempt vegetation can have a devastating effect on a neighbor- Water serVice is provided to properties throughout the study area. hood. Neglect can lead to blight, decay, decreased property values ! While some extensions may be needed to serve vacant properties, and loss of neighborhood pride. Code enforcement compels the , no extensions or upgrades are reqUIted for exisnng developments. care and upkeep of private property, 10cludtng the exterior struc- ture and surrounding yard. Sewer serVice is provided to properties throughout the neighbor- hood. No upgrades will be required to serve existing development. Code enforcement will playa critical role in the redevelopment of ExtensIOns may be required with new development of vacant the area. The City will begin by implementing a spectal outreach parcels. program to help property owners understand applicable codes and ! ordinances regardtng maintenance, trash dtsposal, parking, ete. It J Accordtng to the ComprehenSIve Plan, the City's water treatment is recommended that the homeowners association work WIth the plant and the South Central Wastewater Treatment Facility will City to help educate neighborhood reSidents. Information includ- 1 both be operating under capacity at bwld out. Tlus Netghborhood ed in newsletters or flyers as well as a door-to-door canvassing to Plan will not significantly affect the overall demand for water and explain these programs would help the City to reduce violations sewer service in the City. and improve the area. Storm Water Collection The second phase of the program will be for city code enforce- The regrading of existing roadway swales is the primary need ment officers to do a complete canvassing of the neighborhood. A throughout the area. Other improvements needed to correct areas resident task force should be appointed by the homeowners asso- of localized flooding will be identified and corrected as funding ciatlon to be included in tlus Initial walk through. The City will then becomes available. The current 5-Year Capital Improvements prepare a report and call a meenng to present the findings to the Program includes $590,000 for drainage work in dus area. association and then property owners will be cited accordingly. Although these specific projects are not a part of the unprove- ments included in this Plan, their timing should be coordinated Following the initial clean-up phase, as the Pan is implemented, with the roadway and streetscape improvements idenofied in the the area should be targeted for zero-tolerance code enforcement Plan to avoid duphcal10n of efforts, waste and most importantly, with frequent inspections for compliance. However, since code the desttuctlon of completed work. enforcement can only do so much, the area should also begin to Electrical Distribution And Street Lighting police itself. The homeowners assoctal1on will be tasked with pro- Viding informatlon on violations as soon as possible to the CIty. It Electrical service is provided throughout the neighborhood area. IS hoped that once the area is cleaned up, property owners will No upgrades are required at tlus time. begm to develop a sense of pride in the area. C [ T Y 0 F D E L R A Y B E A C H F L 0 R [ D A 100 NW 1ST AVENUE DELRAY BEACH, FLORIDA 33444 PLAN IMPLEMENTATION OSCEOLA PARK REDEVELOPMENT PLAN 27 CRIME l\-fANAGEMENT AND PUBLIC SAFE-fY CRIME MANAGEMENT AND PUBLIC SAFETY Infrastructure nnprovements identified In the Plan for the The Police Department has mitiated a number of programs Redevelopment Area should be included In the CIty's 5-Year intended to reduce come problems tn our neighborhoods. The Capital Improvement Plan. Engineenng, design and detailed cost cornerstone of Police Department efforts to reduce crime 1Il estlmates of indlvidual projects can begin as tlme and funcling Delray Beach IS the Community Policing program. Commwuty becomes available. The cost of the beautification component of Policing emphasizes a cooperative effort between the police and the project (see Figure 31) will be dlvlded equally between the CIty, the community to find long term solutions to the commwuty's eRA and the Property Owners, through creation of a property problems. CommUIllty PoliCIng 15 intended to both tncrease the assessment district. The CIty will commit staff time to accomplish police presence tn the neighborhood and nnprove relations some of the actiVIties outhned in the Plan, inclucling enhanced between the department and reSIdents. Tlus is a departure from code enforcement. past police methods which emphasized officers in patrol cars IMPLEMENTATION STEPS reportIng to emergency radio calls. In addition to routine patrol actlvity, the Community Officers help to organize community . Future Land Use Map Amendments and Rezonings improvement acovities, such as trash pick-ups, paint-up projects . Modtfication of elP as required and orgaruzation of neighborhood watches. . Enhanced code enforcement - clean up PARKS AND RECREATION . Creation of Conservation District .-:) There is the potential for two small parks WIthin the neighbor- . DeSIgn and engtneering of improvements witlun the neigh- .. hood whIch should be investigated. See Redevelopment Scenarios. borhood DilAPIDATED STRUCTURES . Set up Special Assessment District I ! . Construction ; DilapidAted structures can give an area a bhghted appearance, which discourages investment in adjacent properoes. Therefore, . Monitor implementation and make strategy adjustments as the CIty will continue to evaluate poorly maintained and aban- reqillred cloned structures to determine If they should be demolished. Immechately folloW1Dg the adoption of this plan, processing of FUNDING the Comprehensive Plan amendments, Future Land Use Map' , amendments, Land Development Regulations text amendments J Oec:eoIa PIlIk and rezonings required to nnplement the plan will begin. The PreHmlnllry Cost Estimate project " 2004-003 CRA's Community Redevelopment Plan will also need to be , 110m IDMcrlption reVIsed to include the projects and programs included in the Unft Quanlity Unit Cost Cost i f _Ion Cost LS 1 5175.000 00 Neighborhood Plan. ! 2 IMalntenance of Traffic LS 1 575.000.00 3 IIIId lS 1 575 000.00 4 ""_ Marldna & Slanaoe LS 1 525.000.00 5 Swllle Gr.lf & Sodd SY 23.300 5.75 5133.875 00 Members of the Homeowners Association who have partiCIpated 6 F.curb LF 120 25.00 $3 000.00 7 IDroo Curb IF 10.500 1600 5166.000.00 in the development of this Plan should begtn to meet with other 6 I" T_ &-1II As....1Ilc: Ovel18y TN _ 67.00 $53._ 00 8 51.... T.- EA 1.000 300 00 $300 000 00 neighborhood residents to discuss the provisions of the Plan and 10 5 S_1k 4" Thk:k LF 12.802 1400 $178 22ll 00 11 5' SIdewIIIt (6' Thk:kllncl Ow.y ADrons LF 5.301 1600 _.81333 gather support for the Special Assessment District. Proposed Nttry RoconSlnldlon 12 1111Z'T_ &-m AsDhlll TN 1700 60 00 I $136 000 00 13 8" L-.o. Bas. SY 16,700 800 I $166.300 00 SUlce the some of the capital improvements included tn the Plan 14 112" 5I1Ibt1imd SulHlfade SY 18.700 300 ~.100 00 TIIIIIlc Clllmlng are not yet included in the 5-Year Capital Improvement programs 15 IInf_NamM1nD EA 17 8.00000 I $136 000 00 16 RDUnd_ EA 2 35.00000 I $70000 00 for either the City or the CRA, these budgets will need to be 17 I SoeclIIIIY s.... EA 15 5 000 00 $75.000.00 UlJotIes amended and dollars allocated for the vanous projects. 18 Wafer Main 1691 000 00 18 llrIIIn $580 000 00 20 SIInIlIIlVRehllb IF 351 2600 $9 334.00 Implementation of the capital improvements tncluded in the Plan 21 _uit RlMlDl<l Draw lS 1 5 000 00 $5,000 00 2Z \/ideo AllDwonce lS 1 3.000 00 $3 000 00 will rust require the preparation of land surveys. Tlus work ele- 23 IlJIiIily AIIDw...... LS 1 10000 00 $10.000 00 ., 24 Son" lIIIIIntl-.nce lS 1 15000.00 $1500000 ment should be scheduled as soon as possible. When the surveys 25 ImaaUon Swtem Allowance LS 1 15.00000 $15.000 00 26 IndemndloallDn LS 1 1000 $1000 are completed, the engineenng, design and detailed cost estlmates Sub TDlal= $3.460,360 33 of Uldividual projects can begtn as tlme and funcling becomes 10% Conttngency $346,D36 03 TDlaI= $3.806.3Illl.31 avatlable. $3._,_.80 __ $2.317,10080 -- "80._.80 Other new programs contained in the plan will be developed and Dr__ $510.000.08 TolIII $3.8OI,8C16.80 implemented as opportwuties arise and funding becomes avail- Figure 32. Preliminary Cost Estimatcs able. C I T y 0 F D E L R A Y B E A C H F L 0 R I D A 100 NW 1ST AVENUE DELRAY BEACH, FLORIDA 33444 I ~ CITY COMMISSION DOCUMENTATION I TO: DAVID T. HARDEN, CITY MANAGER - THRU: JEFFREY A. COSTELLO, ACTING DIRE OF PLANNING AND ZONING FROM: ROBERT G. TEFFT, SENIOR PLANNE 17~. ;Jf-:~~. SUBJECT: MEETING OF DECEMBER 6, 2004 APPEAL OF THE SITE PLAN REVIEW AND APPEARANCE BOARD'S APPROVAL OF A CLASS V SITE PLAN, LANDSCAPE PLAN AND ARCHITECTURAL ELEVATIONS ASSOCIATED WITH THE DEVELOPMENT OF INTRACOASTAL PARK. J BACKGROUND ~ This appeal clarifies the Site Plan Review and Appearance Board's (SPRAB) action on the development proposal for Intracoastal Park, which is to be located on the east side of South Federal Highway between the Delray Harbor Club and the Harbourside Condominium. At its meeting of November 10, 2004, the SPRAB approved with conditions (5-0, Nancy Stewart and Dan Carter absent) a Class V site plan, landscape plan and architectural elevations associated with the development of a passive conservation area with two accessory boat ramps and a 411 square foot restroom facility, parking areas and landscaping. Among the conditions of approval was a requirement that a combination of landscaping and partial wall system be provided along the south property line in place of the chain link fence with the type of wall system to be determined by staff and the City Horticulturist. It is noted that this condition of approval differs from that originally proposed by staff in the associated staff report, which stated: that a six foot (6? to eight foot (8? high masonry wall is provided along the south property line in place of the proposed chain link fence. At its meeting of November 16, 2004, the City Commission voted (5-0) to appeal the SPRAB action concerning Intracoastal Park. The appeal was based upon the understanding that the SPRAB's action did not require the installation of a continuous wall along the south property line. During deliberations by the SPRAB there were concerns raised that there may not be adequate area to accommodate both a continuous wall and landscaping (existing and proposed); therefore staffs condition was modified. Pursuant to the proposed plan, an eight foot (8') wide landscape strip will be provided along the south property line, which should be adequate to provide the required landscaping and a wall (either panel/pre-fabricated or concrete block). Thus, the Commission may desire to modify this condition of approval. I RECOMMENDED ACTION ~ Move to uphold the Site Plan Review and Appearance Board's approval of the Class V site plan, landscape plan and architectural elevations for Intracoastal Park, based upon the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(F) (5) and Chapter 3 of the Land Development Regulations, subject to the modification of site plan condition of approval #5 to state: that a combination of landscaping and a six foot (6') to eight foot (8') high continuous wall is provided along the south property line in place of the chain link fence with the type of wall system to be determined by staff. Attachments' SPRAB Staff Report for Intracoastal Park and Minutes of the November 10,2004 SPRAB Meeting q~ SITE PLAN REVIEW AND APPEARANCE BOARD CITY OF DELRAY BEACH ---ST AFF REPORT --- MEETING DATE: November 10,2004 AGENDA ITEM: IV. B. ITEM: Intracoastal Park - Class V Site Plan, Landscape Plan and Architectural Elevations Associated with the Development of a Passive Conservation Area with Two (2) Accessory Boat Ramps, a 411 Square Foot Restroom Facility, Parking Areas and Landscaping. BUILDI G I S E 8lH S ST w BANK OF > AMERICA 00( DRI>fO -1HRU 5TH AI1C >- GRILL :;; U1AMI I I GENERAL DATA: SUBS SE 9lH ST '~I ' ~ I Agent................................. Jose Aguila ~ ~ PARK AvE: Owner I Applicant...... _ . . . . . . . . .. City of Delray Beach Location.................................. East Side of South Federal {/'I, LL BBO Highway, Approximately 1,325' SE 10TH North of Linton Boulevard WASHINGTON >- <;: MUTUAL <{ Property Size.......................... 4.468 Acres ~ OF DE:LRA l' 0'< BEACH Future Land Use Map............. Open Space-Conservation (OS-C) '" w Current Zoning........................ Open Space (OS) 0- Adjacent Zoning.. ....... North: Medium Density Residential (RM) 00( 0'< South: Medium Density Residential (RM) East: Single-Family Residential (R-1-AA) West: Planned Commercial (PC), Mobile . . . :.: :.~.~. Home (MH), and Medium Density i'.: .: ~" :.::.:Y qrr. Residential (RM) Existing Land Use................... Vacant Proposed Land Use............... Passive Conservation Area and --' Boat Ramps (2) 00( Water Service......................... Via Service Lateral Connection to 0- Vl Existing Water Main Within South 00( 0 Federal Highway Right-of-Way u Sewer Service........................ Via Service Lateral Connection to 00( HARBOURS '" Existing Sewer Main Within South [DGE 0- Federal Highway Right-of-Way z HARBOURS EDGE N I LINTON IV. B. E~~-. '.- . - - .. ... ""TEM BEFORE THE'lg"6ARD'..':i~..:I:'=;'."< -:.- - :'. ---. - .. ---:1 f'~' ..; -;.. . The item before the Board is approval of the following aspects of a Class V site plan request for Intracoastal Park, pursuant to Land Development Regulations (LOR) Section 2.4.5(F): o Site Plan; o Landscape Plan; and o Architectural Elevations. __n_ -:m-BAeKGROUNO':\~:-~~;"~:~~f.~\;\~'i!'t:. . ..' .n. i '.' . Over the past year the City has been negotiating with FIND (Florida Inland Navigation District) to obtain a 30 year lease on MSA Tract 650. This lease would allow the City to utilize the property for the construction of additional boat ramps for the public, which is identified in the Comprehensive Plan as an unmet need in the City. During this process the adjacent residential development Delray Harbor Club expressed a desire to install some parking improvements on the adjacent property. Given the common interests in this area, the City, FIND and Delray Harbor Club have been collaborating to achieve the most efficient design. To this end a Real Property Exchange Agreement has been executed which involved land swaps between the parties. With the completion of the land swap, changes to the Future Land Use and Zoning Maps were necessary to reflect the appropriate designations to accommodate the future uses. Those changes were as follows: o A City initiated small-scale Future Land Use Map Amendment from TRN (Transitional) to MD (Medium Density 5-12 du/ac) and rezoning from POD (Professional and Office District) to RM (Medium Density Residential) for 0.13 acres that is currently owned by the Delray Harbor Club; and o A City initiated small-scale Future Land Use Map Amendment from TRN, MD and OS-C (Open Space - Conservation) to OS-C (Open Space - Conservation) and rezoning from POD, RM and CD (Conservation District) to OS (Open Space) for 4.468 acres. At its meeting of September 27, 2004, the Planning and Zoning Board held a public hearing in conjunction with the above referenced Future Land Use Map (FLUM) amendments and rezonings. and unanimously voted (4-0) to recommend that the requests be approved. Subsequently, at its meeting of October 19, 2004, the City Commission approved the FLUM amendment and rezoning requests. A Class V site plan application has been submitted to develop the 4.468 acre parcel located on the east side of South Federal Highway, approximately 1,325' north of Linton Boulevard as a passive conservation area with boat ramps and associated parking to be known as Intracoastal Park. The application is now before the Board for action. . ~::::'-.. -- -. .. -.-:. ;'>>..' ~ - -:-:--PROJECT .DESCRIPflbl"':T-.!i.t.-g..: '~;r:.;:-"1f."""._- --,:--:-:;: .,so,.,.. y,.; . .u:~:"- " . '. ,"., 1.-' " _ ", ..u..:..{r}....;....... -:1.:....-.. .. ...-: The development proposal consists of the following: o Construction of two (2) new boat ramps at the east side of the property; o Construction of 13 parking spaces (11 standard and 2 handicap accessible), and 19 boat trailer parking spaces; Site Plan Review and Appearance BOded Staff Report Intracoastal Park - Class V Site Plan, Landscape Plan and Architectural Elevations Page 2 o Construction of a 411 square foot restroom facility; o Mitigation of wetland areas including the installation of new landscape materials; o Installation of a six foot (6') high masonry entry wall along the north side of the proposed entrance and a portion of the west property line adjacent to the Delray Harbor Club property together with a six foot (6') high chain link fence along the south property line as well as the balance of the west property line adjacent to the Delray Harbor Club property; and o Installation of a right turn lane on South Federal Highway. ..:. .!7-~ ------:-". ":7--- --;--- ..- SlTE 'P.-t1AN;~NAhyll$~~..~~::-~f:.'-'~~"~--'- _-;-m . ~. . . 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 4.4.22 - Open Space (OS) Zonina District: Pursuant to LDR Section 4.4.22(E) and (F), all standards for the development and use of property zoned OS shall be established pursuant to the site and development plan, which must be approved by the Site Plan Review and Appearance Board (SPRAB). The following table denotes the proposed development standards for the subject property: Proposed Development Standards Building Setbacks: Front (West) 150' Rear (East) 457' Side Interior (North) 245' Side Interior (South) 51' Building Height: 15' Open Space: 50.1 % * * - Includes Wetland I Mangrove areas LOR Article 4.6 - Supplemental District Reaulations: Walls, Fences and Hedges: Pursuant to LDR Section 4.6.5(E), masonry walls located in the front and street side yards shall be screened by landscape material that is to be maintained at a minimum height equal to half of the height of the wall. Landscape materials must be of the type that will reach the required height within two (2) years of planting. The development proposal includes the installation of a six foot (6') high masonry wall at the entrance to the park along the north side of the drive aisle along with the installation of Muhly Grass, Dwarf Yaupon and Cocoplum to buffer the wall, which will meet the above requirement. It is noted that the development proposal also includes the provision of a six foot (6') high chain link fence with Green Buttonwood trees and a Cocoplum hedge along the south property line. While this is sufficient to meet the perimeter landscape requirements of LDR Section 4.6.16, it r Site Plan Review and Appearance Board Staff Report Intracoastal Park - Class V Site Plan, Landscape Plan and Architectural Elevations Page 3 will not be sufficient to adequately screen the primary drive aisle, parking and boat ramps from view of the adjacent residential development (Harbourside). Therefore, it is attached as a condition of approval that a six foot (6') to eight. foot (8') high masonry wall is provided along the south property line in place of the proposed chain link fence. Lighting: Pursuant to LOR Section 4.6.8, site lighting limited to a maximum height of 25' must be provided on-site and be consistent with the illumination level requirements included in this section. Further, cutoff luminaries or fixtures provided with cut-off shielding shall be used around the perimeter of a facility in order to limit glare and light spillage onto adjacent properties. According to the photometric plan included with the submittal, standard "shoe-box" style light fixtures will be provided throughout the park. The proposed light fixtures will be 20' above finished grade, which complies with LOR Section 4.6.8; however the proposed illumination levels for the development appear to exceed the maximum foot candles allowed (5.0 proposed I 4.0 allowed) and must be reduced for compliance. Additionally, as the proposed light fixtures are located around the perimeter of the site, it is attached as a condition of approval that cut-off shielding is provided to limit glare and light spillage onto the adjacent residential properties. Off-Street Parking: The development proposal includes the construction of 13 parking spaces (11 standard and 2 handicap), and 19 boat trailer parking spaces to accommodate the passive conservation area and two (2) boat ramps. Pursuant to LOR Section 4.6.9(C) (6) (q), parks shall have their parking needs assessed and determined by the City Manager or designee. The boat ramps and associated parking will provide another boat launching opportunity in close proximity to Knowles Park where there is heavy parking due to the lack of facilities in this area. The development proposal has been submitted by Joe Weldon, the Director of Parks and Recreation for the City of Oelray Beach, whom is the City Manager's designee for the project and who has further assessed the demands for the project and has determined the proposed quantity and type of parking to be sufficient. OTHER ISSUES: Undergrounding of Utilities: Pursuant to LOR Section 6.1.8, utility facilities serving the development shall be located underground throughout the development. Therefore, it is attached as a condition of approval that all existing and proposed utilities associated with the development must be located underground and that a note be provided on the site plan to this effect. Site Plan and Engineering Technical Items: While revised plans have accommodated most of staff's concerns, the following items remain outstanding and will need to be addressed prior to building permit submittal: 1. Type "0" curbing is required to separate the proposed sidewalk from the parallel parking spaces and drive aisles; and 2. The civil site plan (sheet C-1) does not depict the striping at the east end of the parallel parking spaces. Site Plan Review and Appearance BOard Staff Report Intracoastal Park - Class V Site Plan, Landscape Plan and Architectural Elevations Page 4 I~l~,'t.:! -".~.y . .-~-;-:-" ':"" - -", 7UN"OSCAPE ANAt YS-iS --.,. ~ ~"T":- --.. ~--l The majority of the subject property consists of existing wetlands and Mangroves. The development proposal will impact these areas; however as discussed later with regard to compliance with the Comprehensive Plan, a full mitigation plan will be developed following site plan approval and will need to be approved by the City Horticulturist as well as Palm Beach County Department of Environmental Resource Management and the Florida Inland Navigation District (FIND). The entrance to the site along South Federal Highway will consist of Sabal Palms underplanted with Muhly Grass, Spider Lily, Dwarf Yaupon and Cocoplum on the north side and Sabal Palms underplanted with Muhly Grass on a portion of the south side. The balance of the south property line abutting the Harbourside condominium development to the south will be planted with Green Buttonwood trees 17' on center and a Cocoplum hedge in addition to an existing Rubber tree and Seagrape tree which are to remain. The northern and western property lines abutting the Delray Harbor Club and adjacent to the parking area will be planted with Live Oak trees 37' on center and a Cocoplum hedge. Pursuant to LOR Section 4.6.16(H) (3) (d), landscape barriers separating vehicular use areas from abutting properties shall provide one (1) tree every 30'. Therefore, it is attached as a condition of approval that the Live Oak trees are planted 30' on center along the north and west property lines to meet the required minimum spacing. The landscape areas/islands located at the interior of the property will consist of Sabal Palms and Live Oaks trees with underplantings of Parsons Juniper, Muhly Grass, Dwarf Yaupon, and Cocoplum. A large existing Ficus tree is also proposed to be retained with circular landscape island at the east end of the site and underplanted with Sword Fern. Based upon the above and subject to the attached condition of approval being addressed, the proposed landscape plan will comply with LOR Section 4.6.16. ~":" ---:::,,:{'~:i ._~7":.';~RCH-iiEtifuRA["EtEVXffor:i"~NA'-:Ys"s" :. .-- . .--..-." I .,~ .. ._':, 1liiio _.. 9' .~ . . LOR Section 4,6.18(E) - Criteria for Board Action: The following criteria shall be considered, by the Site Plan Review and Appearance Board (SPRAB), in the review of plans for building permits. If the following criteria are not met, the application shall be disapproved: (1) The plan or the proposed structure is in conformity with good taste, good design, and in general contributes to the image of the City as a place of beauty, spaciousness, harmony, taste, fitness, broad vistas, and high quality. (2) The proposed structure, or project, is in its exterior design and appearance of quality such as not to cause the nature of the local environment or evolving environment to materially depreciate in appearance and value. (3) The proposed structure, or project, is in harmony with the proposed developments in the general area, with the Comprehensive Plan, and with the supplemental criteria which may be set forth for the Board from time to time. The architectural elevations included with the development proposal are associated with a proposed 411 square foot restroom facility. The restroom facility will be of concrete block construction with a stucco finish and will consist of a flat concrete tile hipped roof with a cupola. A decorative raised stucco band will act as a stringcourse around the perimeter of the restroom facility and a 1-112" raised stucco band will be provided just below the roof line. An overhead ~ Site Plan Review and Appearance Board Staff Report Intracoastal Park - Class V Site Plan, Landscape Plan and Architectural Elevations Page 5 coiling security grille will be installed at the south elevation entrance and storm-proof louvered vents will be provided in the east and west elevations_ The lower portion of the building will be painted beige (Bagel) and the upper portion of the building and cupola will be painted light beige (Navajo White). The stucco bandings, louvers, fascia and security grille will be painted white (Snowbound), and the flat concrete roof tile will also be white. The proposed architectural elevations for the proposed structure will not negatively impact the surrounding properties and therefore positive findings can be made with respect to LDR Section 4.6.18(E). u_ . -- R-EQUiR-ED'i=fNDINGS -- ------:;--, ,--- .. ------- - --:.:;....P:j.; -. - . Pursuant to LOR Section 3.1.1, prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. With the FLUM amendment and rezoning approvals of October 19, 2004, positive findings were made with respect to Future Land Use Map and Comprehensive Plan Consistency, Concurrency, and Compliance with the Land Development Regulations. However, the following analysis is provided as it relates to the development proposal. LOR Section 3.1.1 (A) - Future Land Use Map: The subject property has a Future Land Use Map designation of OS-C (Open Space- Conservation), and a zoning designation of OS (Open Space). Pursuant to LDR Sections 4.4.22(B) and (C), passive parks are a permitted use within the OS zoning district and boat ramps, restrooms and parking lots are allowed as accessory uses. Based upon the above, it is appropriate to make a positive finding with respect to consistency with the Future Land Use Map designation. LOR Section 3.1.1 (B) - 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, schools, and solid waste. LOR 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. LOR 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: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objectives and policies are noted: Housina Element Policv A-12.3: In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation Site Plan Review and Appearance Board Staff Report Intracoastal Park - Class V Site Plan, Landscape Plan and Architectural Elevations Page 6 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. This facility will result in the transfer of some of the trips that historically would go to the Knowles Park site. As with most boat launching facilities, the peak demand will occur during the weekends. With regard to traffic circulation, the property is only accessible from northbound Federal Highway and therefore there is no cross traffic from southbound Federal Highway. Also, a right turn lane is proposed at the park entrance. As the driveway and boat launching area are adjacent to the Harbourside condominiums, compatibility is a concern. The parking area for the Harbourside condominiums abuts the driveway, parking and boat launching facilities for the park and the residential structures are approximately set back between 61' and 90' from the park site. While a chain link fence, Cocoplum hedge and Green Buttonwood trees every 17' on center are proposed along this property line, these will not provide a sufficient buffer to screen these areas from the adjacent residences. Therefore, it is attached as a condition of approval that a six foot (6') to eight foot (8') high masonry wall is provided to mitigate any potential impacts. There is an additional concern with respect to unnecessary stacking of vehicles on site. In order to alleviate any unnecessary stacking of vehicles on the site, docks or moorings should be provided adjacent to the launching area/boat ramps so that boats that have been launched can be moved to the side and not prevent other boats from being launched. The provision of such facilities has been attached as a condition of approval. Based upon the attached conditions of approval being addressed, a positive finding can be made with regard to Housing Element Policy A-12.3 as the proposed development will be compatible with and will not impact the stability of the adjacent developments. Future Land Use Element Objective A-1: Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate and complies in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. The subject property is vacant and predominantly consists of wetlands and Mangroves, which are concentrated at the center of the site. The proposed development will retain a significant portion of these areas and provide mitigation for those areas that are affected by the proposed construction. It is noted and attached as a condition of approval that a full mitigation plan will be prepared following site plan approval and submitted to the City Horticulturist for approval. Accordingly, the physical/environmental characteristics of the land will not be negatively impacted by the proposed development. The Delray Harbor Club abuts the subject property to the north and west, and the Harbourside condominium development abuts the property to the south. Both of these adjacent developments are zoned Medium Density Residential (RM). The Delray Beach Shores neighborhood, which is zoned Single-Family Residential (R-1-AA), is located to the east of the subject property, across the Intracoastal Waterway. To the west across South Federal Highway are City National Bank and the Floranda Trailer Park, which are zoned Planned Commercial (PC) and Mobile Home (MH), respectively. The proposed development is considered compatible with each of the surrounding land uses and will be adequately buffered from each of the adjacent properties. The park and its accessory uses are designed in a manner that will be complimentary to the adjacent uses. The Site Plan Review and Appearance BOC1rd Staff Report Intracoastal Park - Class V Site Plan, Landscape Plan and Architectural Elevations Page 7 City National Bank and Floranda Trailer Park will be buffered by the Delray Harbor Club property and only the entrance to Intracoastal Park will be visible. The Delray Beach Shores neighborhood is buffered by the Intracoastal Waterway and only a small portion of the subject property will be visible due to the existing wetlands and Mangroves. The Delray Harbor Club property is adjacent to more of the subject property than any other site; however the abutting parcel on the west side will be developed as parking and the parcel to the north abuts mostly wetlands and Mangroves, which will screen the majority of the proposed parking areas as well as the boat ramps. There is a greater compatibility concern, however, with the abutting Harbourside property to the south. As discussed previously with respect to Housing Element Policy A-12.3, the primary drive aisle, parking and boat ramps are in close proximity to the Harbourside property and should be screened by a six foot (6') to eight foot (8') high masonry wall in place of the proposed chain link fence. Further, according to the Coastal Management Element and Conservation Element Policies discussed below, the development proposal will fulfill a remaining land use need. Based upon the above and subject to the attached condition of approval being addressed, no compatibility issues will exist between the proposed development and the surrounding land uses and positive findings can be made with regard to Future Land Use Element Objective A-1. Transportation Element Policv D-2.2: Bicycle parking and facilities shall be required on all new development and redevelopment. The development proposal has not incorporated a bicycle parking facility within the scope of work. While bicycle traffic will not likely utilize the boat ramps, it is possible that bicycle traffic could exist for the passive conservation area. Therefore, it is attached as a condition of approval that a bicycle parking facility is provided on site. Coastal Manaaement Element Policv 8-1.5: The City shall perform the necessary studies to pursue development of FIND parcel MSA 650 as 1) an entirely passive park with picnic areas and a nature trail, with additional boat ramps at Knowles Park; or 2) a partially active park with boat ramp and parking facilities in addition to preservation areas. The completed studies should be brought to the City Commission for a decision on the final plan in time for inclusion in the FY 98/99 budget. Conservation Element Policv 8-1.8: FIND parcel (MSA 650) shall be developed to provide public park areas and additional access to the Intracoastal Waterway through the provision of a boat ramp and parking area. The development of these facilities shall maximize retention of the existing native plant communities. Open Space and Recreation Element Text: Assessing recreation facilities relative to the strictest of the two applicable guidelines reveals a current deficiency only in the category of boat ramps. This deficiency will be eliminated through the development of FIND parcel MSA 650, or construction of additional boat ramps at Knowles Park. For the buildout demand, planned facility additions were added to the existing total. At buildout, deficiencies again appear only in boat ramps (5). Open Space and Recreation Element Policv 8-3.1: Additional access to the Intracoastal Waterway shall be achieved through improvements made at the time of development of the FIND parcel (MSA 650). Based upon the development proposal, positive findings can be made with each of the above Coastal Management, Conservation, and Open Space and Recreation Policies. Site Plan Review and Appearance BOClrd Staff Report Intracoastal Park - Class V Site Plan, Landscape Plan and Architectural Elevations Page 8 LOR Section 2.4.5(F) (5) - Compatibilitv (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 zoning designations and uses abut the subject property: Zonina Desianation: Use: North: Medium Density Residential (RM) Delray Harbor Club South: Medium Density Residential (RM) Harbourside East: Single-Family Residential (R-1-M) Delray Beach Shores Medium Density Residential (RM), Delray Harbor Club, City National Bank West: Planned Commercial (PC) and Mobile Home (MH) and Floranda Trailer Park As discussed above in the analysis of Future Land Use Element Objective A-1 and Housing Element Policy A-12.3, positive findings can be made with respect to the compatibility of the proposed development with the adjacent properties. However, such a finding is subject to the attached condition of approval relating to the provision of a six foot (6') to eight foot (8') high masonry wall along the south property line in place of the proposed chain link fence. When the attached conditions of approval are addressed the development proposal will be compatible and harmonious with the adjacent properties and a positive finding can be made with regard to LDR Section 2.4.5(F) (5). II: . ~-1 -1.\; ."l~.. ):-- -117":~,:-'. ."-;1. :- - - .. .':-REVIEW BY OTffERS : i''::-.:':-:~-~;":~ ~.:- -, .;.;.,-~: : --:-~_.- . .-.--:: i- ~:;;;:d\~V" - ....... . The subject property is not located in an area requiring review by an advisory Board or Agency. Courtesy Notices: Courtesy notices have been sent to the following homeowner's and/or civic associations: o Beach Property Owner's Association o Delray Harbor Club o Domain Delray o Harbourside o President's Council o Progressive Residents of Delray (P.R.O.D.) Letters of objection or support, if any, will be presented at the SPRAB meeting. , ;. .. 'l'( .~.I: .{t. ;::..~~~,. :~ASS-ESSMENT ~Nr.i~ObNCi.'(JSi()N ,:.;r.;-.'p .-..'. --~., -. .-:~~~:::. The development proposal involves the construction of two (2) boat ramps, the construction of 13 parking spaces (11 standard and 2 handicap), 19 boat parking spaces, and the construction of a 411 square foot restroom facility in associated with the development of a passive conservation area to be known as Intracoastal Park. The project will be consistent with the policies of the Comprehensive Plan and Land Development Regulations Section 2.4.5(F) (5) provided the attached conditions of approval are addressed. Among the conditions of approval is a requirement that a six foot (6') to eight foot (8') high masonry wall is provided along the Site Plan Review and Appearance Board Staff Report Intracoastal Park - Class V Site Plan, Landscape Plan and Architectural Elevations Page 9 south property line in place of the proposed chain link fence in order to provide an adequate buffer from the drive aisle, parking and boat ramps of the Park for the adjacent Harbourside condominium development. :.. -rE";;';::'" 9"~m-~.;,~p.~F:;..r:': ';~ ALTE~NAfivE ACTioNS';~~-:-" . :"':-::""L'l:~....~'p' -. .....;:~~ """:i'.'":: ,:,', . . '. ~., '. .......0'11': . ):~ ..:J'.~'" .:"r:- : ",.i' . ... ~ ..... A. Continue with direction. S. Move approval of the Class V site plan, landscape plan and architectural elevations for Intracoastal Park, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(F) (5) and Chapter 3 of the Land Development Regulations, subject to the attached conditions of approval. C. Move denial of the Class V site plan, landscape plan and architectural elevations for Intracoastal Park, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet criteria set forth in Sections 2.4.5(F) (5) and Chapter 3 of the Land Development Regulations. fIIIIlP'~~'l~~'~;:'-::'1i':"\~~'" : . STAFF REC'OMMEHOATioN: ---::-:-'-=,' -'---~"'---;-:~:;r~ By Separate Motions: Site Plan: Move approval of the request for Class V site plan approval for Intracoastal Park, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(F) (5) and Chapter 3 of the Land Development Regulations, subject to the following conditions: 1. That revised plans are submitted addressing the Site and Engineering Plan Technical Items as indicated in the staff report, and the listed conditions; 2. That the illumination levels for the development are reduced to comply with the maximum allowed foot candles as per LOR Section 4.6.8; 3. That cut-off shielding is provided for the light fixtures to limit glare and light spillage onto the adjacent residential properties; 4. That a full mitigation plan is prepared and approved by the City Horticulturist, Palm Beach County Department of Environmental Resource Management, and the Florida Inland Navigation District (FIND); 5. That a six foot (6') to eight foot (8') high masonry wall is provided along the south property line in place of the proposed chain link fence; 6. That docks and/or moorings are provided adjacent to the launching area/boat ramps so that boats that have been launched can be moved to the side and not prevent other boats from being launched; 7. That a bicycle parking facility is provided on site; and Site Plan Review and Appearance SOald Staff Report Intracoastal Park - Class V Site Plan, Landscape Plan and Architectural Elevations Page 10 8. That the civil engineering plans are revised to depict the proposed drainage structures. Landscape Plan: Move approval of the landscape plan for Intracoastal Park, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in the Land Development Regulations, subject to the following condition: That the Live Oak trees along the north and west property lines are provided 30' on center as per LDR Section 4.6.16(H) (3) (d). Architectural Elevations: Move approval of the architectural elevations for Intracoastal Park, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 4.6.18(E) of the Land Development Regulations. Attachments: Appendix "A". Appendix "B", Site Plan, Landscape Plan and Architectural ElevatIons Staff Report Prepared by' Robert G. Tefft, Senior Planner '7ii'!'i~- "~.:''''~'~~'''~;''lf:::''t''' -'~i:.:'- -. AP'PENDIX'~'A'" '--:;';:-:'i- :.~7'" --..,....,. . :.... "'-...... n . . -. '.-;-. .;---r ";...::..:.;-... ~L.\: 1-!...I':'tf:.J.: '.f' 'oI~..,: .. .....' . _ - /-. . . '.':'., CONCURRENCY FINDINGS Pursuant to LOR 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 and sewer services will be provided via service lateral connections to the existing 12" water main and 8" sanitary sewer main located within the South Federal Highway right-of-way. Fire protection will be provided via a proposed fire hydrant to the east of the proposed restroom facility. The Comprehensive Plan states that adequate water and sewer treatment capacity exists to meet the adopted LOS at the City's build-out population based on the current FLUM. Thus, a positive finding with respect to this level of service standard can be made. Streets and Traffic: Based upon the assumption that the majority of vehicles utilizing the park will arrive early in the morning and remain throughout the better part of the day, and further assuming that there may likely be some turnover in the spaces during the day, a rate of 1.5 trips per day, per space has been utilized. Therefore, at 1.5 trips per parking space (32) and calculating the trips both entering and exiting the site, 96 ADT can be estimated for the proposed development [32 parking spaces x 1.5 = 48 x 2 = 96]. There is adequate capacity on the surrounding roadway network to accommodate the additional trips and therefore a positive finding can be made with respect to this level of service standard. Parks and Recreation Facilities: Park dedication requirements do not apply for non-residential uses. Thus, the proposed development will not have an impact with respect to this level of service standard. The proposed park will fulfill a need as identified by the supporting Objectives and Policies of the Comprehensive Plan and will provide the desired level of service for boat ramps for the community. Solid Waste: The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals till the year 2021. The waste generated with the subject development proposal will be minimal at best and will not have an impact with respect to this level of service standard. Drainaae: Drainage is to be accommodated on site via an exfiltration trench system. There should be no impact on drainage as it relates to this level of service standard. It is noted, however, that the locations of these drainage structures have not been depicted on the revised civil engineering plans and therefore It is attached as a condition of approval that they are revised. Schools: School concurrency findings do not apply for non-residential uses. Thus, the proposed development will not have an impact with respect to this level of service standard. ... ~4i...;_.,""t""~~'i~'--':'";'- - .n. u-APPEifoiX-da";' .-.. .-.--:- ---.---- : --.~: '. . . . -: -r.' ,-::/''; .. _ . . -.' STANDARDS FOR SITE PLAN ACTIONS A. Building design, landscaping, and lighting (glare) shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. Not applicable Meets intent of standard Does not meet intent X - This standard will be met once the attached conditions of approval have been addressed. B. Separation of different forms of transportation shall be encouraged. This includes pedestrians, bicyclists, and vehicles in a manner consistent with policies found under Objectives D-1 and D-2 of the Transportation Element. Not applicable Meets intent of standard Does not meet intent X - This standard will be met once the attached conditions of approval have been addressed. C. Open space enhancements as described in Policies found under Objective B-1 of the Open Space and Recreation Element are appropriately addressed. Not applicable Meets intent of standard X Does not meet intent D. The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood. If it is determined that the widening or modification will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted. Not applicable X Meets intent of standard Does not meet intent E. Development of vacant land which is zoned for residential purposes shall be planned in a manner which is consistent with adjacent development regardless of zoning designations. Not applicable X Meets intent of standard Does not meet intent F. Property shall be developed or redeveloped in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. Not applicable Meets intent of standard Does not meet intent X - This standard will be met once the attached conditions of approval have been addressed. Appendix "8" Standards for Site Plan Actions Page 2 G. Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in the Housing Element. This shall be accomplished through the implementation of policies under Objective B-2 of the Housing Element. Not applicable X Meets intent of standard Does not meet intent H. The City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Not applicable Meets intent of standard Does not meet intent X - This standard will be met once the attached conditions of approval have been addressed. I. Development shall not be approved if traffic associated with such development would create a new high accident location, or exacerbate an existing situation causing it to become a high accident location, without such development taking actions to remedy the accident situation. Not applicable Meets intent of standard X Does not meet intent J. Tot lots and recreational areas, serving children from toddler to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. Not applicable X Meets intent of standard Does not meet intent I--if ~I II : I" w w---1 BANK OF ' ! l ! I--V U i i p > >1 r---- AMERICA - : I w~~ <{ <{~. 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I . e IJ :II e, ~~ II ~it 1ft In II , I II 9P. P. R Iq 'I , . . I I qi I I I , I I q H!t I I l' I II II f I . ft . - - ~ i . ~ i ~ I , , , ! , . t' i i I r d ~ ~i 1 iH . . · I i ! nil .I I I I . . I . . I " !C J . '\ llil " " , 1I .. .. ~ .. il'U II ~ n H II U III .~ ~ '9 I !l I , 1 - I I' i ~, I 1 "I ~~ i, I h 'I i 1 i ~I 1 I il- .~. '\ . . Jl '. ~.:,.~ . ~ < !i ~ -- .- .- .- ., .. "1 if - .~. "! J ~ ; " ir :' :" ,", i'J u l~ l~ '."lli';'.... L- . ~!nl! ~ i~'1~~~I" - . --------..----------- r II! % i , i ili~ ~.. , ~]I-.~;I. ! : , i ! , ~ . . In 8)S :!;~ii~l il" ]I n-- --" : - nl ~ I: , ~ :; I _ If i::J It { V. (, f I~ 0. I - r ~ I II ~!l~i I.!. I IllH'liiil~,1 B. 1~'r~i1T~4-~' r\lImi East Side of South Federal HiQhway, Approximately 1,325' North of Linton Boulevard; Class V; Jose Aquila, Authorized Aqent. Chairman Cope inquired if any Board member wished to disclose any Ex Parte Communications on this item. As there were none, the Chairman invited staff to make a presentation. Mr. Estelio Breto, Senior Planner entered the file into the record and presented the item to the Board through a review of the staff report. The development proposal consists of the following: o Construction of two (2) new boat ramps at the east side of the property; o Construction of 13 parking spaces (11 standard and 2 handicap accessible), and 19 boat trailer parking spaces; o Construction of a 411 square foot restroom facility; o Mitigation of wetland areas including the installation of new landscape materials; o Installation of a six foot (6') high masonry entry wall along the north side of the proposed entrance and a portion of the west property line adjacent to the Delray Harbor Club property together with a six foot (6') high chain link fence along the south property line as well as the balance of the west property line adjacent to the Delray Harbor Club property; and o Installation of a right turn lane on South Federal Highway. Mr. Breto presented the site plan, landscape plan, architectural elevations analyses and the required findings of the Land Development Regulations and the Comprehensive Plan. He highlighted the conditions of approval that needed to be addressed. Among the conditions of approval is a requirement that a six foot (6') to eight foot (8') high masonry wall is provided along the south property line in place of the proposed chain link fence in order to provide an adequate buffer from the drive aisle, parking and boat ramps of the Park for the adjacent Harbourside condominium development. Staff recommended approval, subject to the conditions stipulated in the staff report. Mr. Breto submitted into the record the letter of opposition received from Mrs. Mary Tensel, 1 Harbourside Drive, Apt. 3306, Delray Beach, FL. Chairman Cope inquired if the applicant had any questions of staff. There were none, Chairman Cope invited the applicant to make their presentation. Mr. Jose Aguila, Architect of Robert Currie Partnership introduced Mr. Joe Weldon, Director of Parks and Recreation whom was present to answer any questions. He 5 SPRAB Mmutes 11/10/04 gave a power point presentation and explained the development proposal. Mr. Aguila explained that this site is primarily owned by FIND (Florida Inland Navigation District) and they are in a lease agreement with the City. This lease would allow the City to utilize the property for the construction of additional boat ramps for the public, which is identified in the Comprehensive Plan as an unmet need in the City. During this process the adjacent residential development Delray Harbor Club expressed a desire to install some parking improvements on the adjacent property. Given the common interests in this area, the City, FIND and Delray Harbor Club have been collaborating to achieve the most efficient design. To this end a Real Property Exchange Agreement has been executed which involved land swaps between the parties. Mr. Aguila stated that they had agreed to the wall before, however there isn't enough money in the budget to provide that wall along the entire south property line. In order to build that wall there is a lot of existing vegetation that would have to be removed and felt that the barrier would be reduced as opposed to being- enhanced. He felt that was a false sense of security and that they wouldn't be happy with the wall. If the County Commission wants to fund the wall they will be glad to put it in. Mr. Aguila was available to answer any questions. Chairman Cope asked if staff wished to cross-examine the applicant. There were none. Chairman Cope inquired if anyone from the Public wanted to speak for or against the project. Mr. Stanley Scharf, 1 Harbourside Drive, #3405 stated, "Thank you very much for the consideration, and there are various references in this proposal regarding compatibility with Harbourside and we appreciate that very much". Mr. Scharf's first issue was if there was sufficient parking being provided. Also, has the Board considered or in favor of restricting parking on Federal Highway. The second issue is the Palm Tram bus stop that is located right at the very entrance to this proposed Intracoastal Park. I didn't see it on the proposal and it has not been mentioned by staff or the applicant. It is very important to us to know what is going to happen, if anything with respect to that Palm Tram bus stop. We need to know if the Palm Tram bus stop is going to be relocated because of safety issues. Ms. Yvonne GUQel, 1 Harbourside Drive, #4701 commented that there is an issue with traffic. There is no direct crossover to the new proposed Intracoastal Park as there is to Knowles Park. So people coming from the north will have to come towards the south and cross at some place. At Harbourside the crossover to Harbourside is very narrow and it's two lanes of traffic right there, and if you are hauling a boat behind you, you are going to have to some how get into a third lane. Which the third lane at Harbourside is a swale that is about 10 feet wide. She was wondering if there were any plans about putting in an additional lane right there. Or has this not been discussed at all because this could be a problem with large boats. We just want to find out if this traffic is a problem and if the swale in front of our building is a problem. 6 SPRAB Minutes 11/10/04 Ms. Gugel also thanked staff for the consideration they have given to Harbourside. Mr. Lvn Streeto, 1 Harbourside, #3105 stated that he was glad to see in the proposal that they are giving us a wall on the south side of our property. Mr. Streeto inquired about the proposed 6' to 8' foot wall, and asked how does it graduate from 6' to 8', where does it graduate, and where does it start and where does it end. We would like to see an 8' wall, if possible. Mr. Street continued that his next question is what kind of vegetation will be between the wall and Harbourside's property? What is the distance between our line and the new proposed wall? Mr. Joe Weldon, Director of Parks and Recreation stated that he has had the opportunity to meet with these fine folks over the last year and as you can imagine we have had a lot of discussion on this. The wall seems to be the most contentious issue and if we can get the funding from Palm Beach County we will be glad to put it in. Mr. Weldon continued in regards to the Palm Tram bus stop that we will get together with Palm Tram and see what we have to do to move it. Mr. Weldon stated that the property is only accessible from northbound Federal Highway and there is no cross traffic from southbound Federal Highway. With the building of this park we will be doubling the amount of the existing parking and adding two new boat ramps. Mr. Weldon recommended that the wall be at 6' because of the existing vegetation. Mr. Aguila stated that they are going to be doubling the parking from what we have. Currently on the weekends you will see along Knowles Park and North and South Federal Highway has a considerable amount of parking on the street. The idea is to prevent this from happening. Mr. Aguila stated that they would relocate the Palm Tram bus stop. Mr. Aguila stated regarding the comment about no crossover. Right now if you are coming north you can't get into this park. What we are talking about is moving this turn slightly down so that you turn directly in. You have a stop sign condition over here, so you can't just come across, it is straight in. Mr. Aguila stated that they would prefer not to have the wall unless they receive funding and would like to keep it at 6'. The reason is that Harbourside wouldn't get the benefit that they want. A lot of the existing vegetation will be removed in order to build the foundation of the wall and in the process of doing this they will loose some existing natural buffer that they have there. At the end of the day when you see 7 SPRAB Minutes 11/10/04 what you have lost for construction purposes of the wall you are going to say that you wished that you would have listened to the architect. Mr. Joe Weldon commented that we certainly had to wait in Oelray Beach, and we had a move Countywide and I was on the Building Needs Assessment Committee that reported to the Palm Beach County Commission. They took in all the municipalities that counted for the areas of Palm Beach County. One of the recommendations was that they want to increase the amount of car trailer parking at public, salt water, boat launching facilities by 500 spaces over the next 5 years. We want to add a total of 200 car trailer spaces to the existing County next to salt water and boat launching facilities. So not only keeping in what our Comprehensive Plan wants us to do, but Parks and Recreation certainly wants to meet this goal. Chairman Cope closed the public hearing and the Board commenced deliberations on the proposal. The Board liked the project and discussed the following issues/concerns regarding the wall: . Mr. Gregory commented that if there is going to be a problem building the wall, or in the future, and if the Palm Beach County Commissioners are going to fund it that it could be built after the fact. . Ms. Morrison asked staff if the carports would create sufficient buffer to screen the view of the boat ramp parking area and driveway of the Intracoastal Park, . Mr. Breto stated that the staff report has attached a condition of approval that a wall should be built to screen the view of the parking area and boat ramp. In addition to the landscape buffer required by the LOR's and although the carport parking area of the Harbourside residential development may continue to create a buffer, it is not sufficient. . Mr. Cope commented that there is 20 foot marked distance between the edge of the road and the property line calls for 5 feet and they have provided 10 feet. That is a substantial 100% increase in what they are allowed to build. Mr. Cope commented that to him this was a plus. . Mr. Breto stated that the footing of the wall may do away with part of the existing landscape hedge. The 20 feet is a buffer already, but the wall is a means to buffer the view from the adjacent property. The City has to be as hard as anybody else when it comes to applying the LOR's. . Mr. Gregory commented that we are talking about a cbs structure with footer on it, and I have seen other systems that have less impact to landscaping that could go in there. Either fabricated out of aluminum that are solid or even when they drive the piling down and then they slide the concrete slabs in the center of it and that would have a lesser impact on the landscaping. He asked how the code addresses this. 8 SPRAB Minutes 11/10/04 . Mr. Breto stated that may be an alternative way to go. The wall may not have to be a cbs wall. Driving the piling down and then sliding the concrete slabs in the center of the wall may be an alternative way of building the wall and complying with the staff report's condition of approval. . Mr. Gregory asked the architect to expand on this and if they have considered options. . Mr. Aguila stated yes, first of all my reviewing of the LOR's says that we need to create a buffer, and what we did is just that, you have a landscaped area so we can pretty much create landscaping. The wall you are proposing will do away with some of the beautiful existing trees on the property. Besides these kinds of walls are not very long lasting. . Mr. Gregory stated that you could P.ut like pilaster and then space another pilaster and begin to put pieces of walrin between. . Mr. Aguila interrupted and stated what we want to do is create a landscape area being that this is a passive park. We think that the wall is a hard surface for a passive park. We will leave it up to the Board, but we don't think that a wall is a good idea. . Mr. Weldon stated that he has dealt with this issue for the last 10 year and we met with a lot of folks and I have told them we are not going to go out of our way to make people mad. I don't have a problem building the wall if I can get funding for it. I don't agree with the wall. I don't think that our fencing, a chain link fence and landscaping is giving less security to the neighboring property. If we have funding we don't have a problem with that. . Mr. Cope inquired if the Board would be making this issue more difficult if the Board decided that we were not necessarily in favor of the wall. If we ask say a year after the project was completed and we revisit the issue and look at it from a more objective point of view would this work. . Mr. Weldon stated that from an architectural point of view it makes sense to me. However from a political point of view, I don't know that would work because these people present are going to call the commissioner's and I have been around the block and I know how things work. . Mr. Abbo stated that this is a very difficult site. Regarding the issue of the wall, right now you have landscaping that is obstructing the view of what is going to be built there probably up to a third floor level. When you put up a wall and do away with that landscaping you wouldn't see that park when you are parking your car or perhaps walking at the first floor level, but above that a wall will not do anything other then security. I feel there is a better solution for security. I think maybe there is a way to look at some of the existing landscaping in conjunction with what is planned that they are going to put on there, and maybe that wall does happen in certain parts along that property line. Maybe that wall 9 SPRAB Minutes 11110/04 doesn't have to be at the property line, maybe some how it offsets to accommodate the existing landscaping. . Mr. Cope stated that his personal opinion on the wall is that it is probably not required. I don't think it is going to benefit much of any thing on a visual base. There probably is so much more beautiful landscaping. It was moved by Mr. Gregory, seconded by Mr. Abbo to approve the Class V site plan for Intracoastal Park, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(F) (5) and Chapter 3 of the Land Development Regulations, subject to the following conditions: 1. That revised plans are. .submitted addressing the Site and Engineering Plan Technical Items as indicated in the staff report, and the listed conditions; 2. That the illumination levels for the development are reduced to comply with the maximum allowed foot candles as per LOR Section 4.6.8; 3. That cut-off shielding is provided for the light fixtures to limit glare and light spillage onto the adjacent residential properties; 4. That a full mitigation plan is prepared and approved by the City Horticulturist, Palm Beach County Department of Environmental Resource Management, and the Florida Inland Navigation District (FIND); 5. That adequate screening be provided along the south property line in place of the proposed chain link fence; 6. That docks and/or moorings are provided adjacent to the launching area/boat ramps so that boats that have been launched can be moved to the side and not prevent other boats from being launched; 7. That a bicycle parking facility is provided on site; and 8. That the civil engineering plans are revised to depict the proposed drainage structures. After further discussion, the Board felt that perhaps a combination of landscaping and a partial wall system type could be provided. Mr. Gregory amended his motion. It was moved by Mr. Gregory, seconded by Mr. Abbo and passed 5-0 to approve the Class V site plan approval for Intracoastal Park, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(F) (5) and Chapter 3 of the Land Development Regulations, subject to the following conditions: 10 SPRAB Minutes 11/10/04 1. That revised plans are submitted addressing the Site and Engineering Plan Technical Items as indicated in the staff report, and the listed conditions; 2. That the illumination levels for the development are reduced to comply with the maximum allowed foot candles as per LOR Section 4.6.8; 3. That cut-off shielding is provided for the light fixtures to limit glare and light spillage onto the adjacent residential properties; 4. That a full mitigation plan is prepared and approved by the City Horticulturist, Palm Beach County Department of Environmental Resource Management, and the Florida Inland Navigation District (FIND); 5. That the screening be a combination of landscaping and a partial wall system along the south property line in place of the proposed chain link fence. With the type of wall system to be determined by staff and the City Horticulturist; 6. That docks and/or moorings are provided adjacent to the launching area/boat ramps so that boats that have been launched can be moved to the side and not prevent other boats from being launched; 7. That a bicycle parking facility is provided on site; and 8. That the civil engineering plans are revised to depict the proposed drainage structures. It was moved by Mr. Gregory, seconded by Mr. Cox and passed 5-0 to approve the landscape plan for Intracoastal Park, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in the Land Development Regulations, subject to the following condition: 1. That the Live Oak trees along the north and west property lines are provided 30' on center as per LOR Section 4.6.16(H) (3) (d). It was moved by Mr. Abbo, seconded by Mr. Gregory and passed 5-0 to approve the architectural elevations for Intracoastal Park, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 4.6.18(E) of the Land Development Regulations. 11 SPRAB Minutes 11/10/04 ---- CITY COMMISSION DOCUMENTATION TO: DAVID T. HARDEN, CITY MANAGER ~ THRU: JEFFREY A. COSTEllO, ACTING DIR OF PlANNfNG AND ZONING FROM: WARREN ADAMS, HISTORIC PRESERVATION PLANNER ~~If.. SUBJECT: MEETING OF DECEMBER 6, 2004 CONSIDERATION OF A WAIVER REQUEST TO lAND DEVELOPMENT REGULATIONS (lOR) SECTION 4.5.1(C)(5) FOR 508 NORTH SWINTON AVENUE, PURSUANT TO lDR SECTION 2.4.7(B)(5). I BACKGROUND I PROJECT DESCRIPTION , The subject property is located on the west side of North Swinton Avenue between Lake Ida Road and NW 6th Street. The site is currently a vacant lot as, in January 2004, approval was given to move the existing house and, in April 2004, permission was given to demolish the guest house. The applicant is proposing to construct a new Anglo-Caribbean style house on the vacant site and an application for a building permit for this project was submitted in September 2004. In March 2004, plans were initiated to establish the Northwest Swinton Avenue Historic District, the boundaries of which included the subject property. The proposal was reviewed by the Historic Preservation Board on August 18th and a Public Hearing date was set for October 6th, 2004. Pursuant to LDR Section 4.5.1 (C)(4), all residents within the proposed district were informed of the hearing by certified mail posted September 23, 2004 and a notice was also published in the Boca Raton/Delray Beach News on September 23rd. At its meeting of October 6, 2004, the Board conducted the public hearing in conjunction with review of the historic district designation request. After reviewing the staff report and discussing the proposal as well as the public's concerns, the Board voted unanimously to postpone action on the designation request until the Board's meeting of November 3, 2004. At its meeting of November 3, 2004, after reviewing the staff report and discussing revised district boundaries, the Board voted unanimously (7-0) to forward a recommendation of approval to the City Commission to establish the Northwest Swinton Avenue Historic District, being generally described as those properties abutting the west side of North Swinton Avenue, between Trinity Lutheran Church and the north side of NW 1 ih Street. This proposal is scheduled for first reading by the City Commission on December 1, 2004 and a second heanng on January 4, 2005. I WAIVER ANALYSIS I Waiver Reauest: Pursuant to LDR Section 4.5.1 (C)(5), once the public hearing date is established for the designation (of a historic district), no permits shall be issued for any new construction, alteration, relocation, or demolition of the real property included in the nomination. This delay in the issuance of permits will remain in effect until one of the following takes place: (a) The Historic Preservation Board denies the nomination and no appeal is filed pursuant to Section 2.4.7(E); or, (b) The City Commission formally approves or denies the nomination. The applicant has requested that a waiver be granted to this requirement that would allow the construction of the new house to commence prior to the City Commission formally approving or denying the historic district nomination. Attached is the justification for the waiver request. C\D City Commission Documentation 508 North Swinton Avenue - Waiver to LDR Section 4.5.1 (C) (5) Page 2 Waiver Findinas: Pursuant to LOR 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; or (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 building permit application for the proposed house at 508 N. Swinton Avenue was received by the Community Improvement Department on September 22nd. Notice informing residents of the public hearing concerning the proposed historic district was delivered to the property owner's residence on September 24, 2004. The applicant has claimed that she was unaware of the designation procedures and the content of LOR Section 4.5.1 (C)(5) While the notice did not contain information regarding the non-issuance of permits per 4.5.1 (C)(5), the notice did encourage residents to contact City staff to find out how the designation would affect their property. The applicant has made considerable investment in the preparation of the plans for the proposed 4,772 sq.ft. house under a/c (6,581 sq.ft. under roof). While the intent of the stay on construction/demolition activities is to ensure that items are consistent with the historic preservation design guidelines, it is not intended to result in undue economic hardship While unintentional, postponement of the designation by HPB on October 6th, has delayed the potential to obtain a building permit (City Commission action would have occurred in November). It is noted, there are some outstanding technical Items relating to the permit that must be addressed prior to issuance of the building permit. A similar situation occurred with the creation of the Nassau Park Historic District in 1988. At that time, the property owner at the southwest corner of Nassau Street and Ocean Boulevard was informed that if construction did not commence prior to creation of the district, a Certificate of Appropriateness would be required for review of the proposal. While this is an option at this time, it may be appropriate to grant the waiver if there is any further delay concerning the creation of the proposed Northwest Swinton Avenue Historic District. The granting of the waiver will not diminish public facilities, or create an unsafe situation and an approval would be granted in a similar situation. Based upon the above, it is appropriate to approve the requested waiver; however, it should be noted that, although the proposed new structure will have a similar orientation and height to other properties in the area, the mass, materials, roof form, window types and patterns, and the horizontal rhythms will be incompatible with the style of the area. I RECOMMENDED ACTION ..~ Move approval of the waiver to LOR Section 4.5.1 (C)(5) to allow the construction of the new house to commence prior to the City Commission formally approving or denying the historic district nomination at 508 N. Swinton Avenue, by adopting the findings of fact and law contained In the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2 4.7(B)(5)(b) - (d) of the Land Development Regulations. Attachment: Letter of Request () jJ;&- , J.... November 30, 2004 C }uJCIOIf City of Delray Beach lv/I/O ~ 100 NW 1st Avenue ///0. 60 Delray Beach, Florida 33444 Re: New Construction of Home at 508 N. Swinton Ave To the City of Del ray Beach City Commission' I, as owner of the property at 508 N. Swinton Avenue, request a waiver from the Historic Committee in order to commence construction poor to the tinalizing of the proposed Northwest Swinton A venue Historic District. 1 submitted tor the building permit for new construction on this vacant lot on September 23, 2004. I was aware that the area was being considered as a possible historic area but I was totally unaware that my permit could possibly be held-up and that the new house design would have to go through the historic committee review prior to the actual designation being granted. T have been gearing up to start construction in December in anticipation of the issuance of the building permit. To place on hold the construction of my new home now will cause a very large financial impact. such as - signed subcontract contracts will be jeopardized to the risk of increased prices, the carry of the land is very expensive, plus alternative unexpected living arrangements which must be made if the home is not completed as scheduled. Even though the main building permit was submitted in September, the old home move was back in February. The City of Delray has been aware then that a new home was to be built on this land since Febmary. Why could I not have been informed that the new home would be impacted by this change sometime much sooner then a week or two before the issuance of the permit was expected? The new home I am planning to build is of an Anglo-Caribbean feel, similar to a Key West style. I do not feel that the design would be tound contradictory to the mission of the proposed historic district but rather a very nice addition to the beloved street. I also would cooperate with the committee taking its necessary review once and if the area does win its designation. ljust need to get started with construction. To let the landjust sit idle is not financially sound. Could you please give this request a fair review and please understand that I also love Delray Beach and acknowledge all that the Planning and Zoning Department has done to beautify and maintain the character of the area. I own 5 properties in Delray and have gone to very expensive lengths to save the original home that was on this property. It now is located at 1440 N. Swinton and under a renovation/restoration process. I was not required to save this home but did so due to its beautiful and unique historical character. RECEIVED DECO'. PLANNING & ZONING City of Delray Beach Memo ". To: City Commission From: David Harden p1, cc: Date: December 3, 2004 Re: Wireless Internet Access (Wi-Fi) Downtown Attached are three proposals we have received for providing wireless internet access to portions of our downtown area. Anyone of these proposals could be Implemented relatively quickly. If we are to implement one of these, I would recommend a variation of the proposal from JBE Technology for $25,277.56. (I would take the antenna at SW 2nd Ave and move It to SE ih Ave or Palm Square) We have no money budgeted for thiS, but the eRA Director has indicated possible interest In funding It. As an altemative to these proposals, MIS has been working on an approach which would make a higher quality service available over a Wider area. However, It Will probably take about a year to implement this approach. Joe Safford and Guy Buzzelli Will make a bnef presentation of the alternative they have been working on. This Involves uSing Adelphia's fiber optic network to link our city facIlities and placing antenna at these remote facilities to " give citywide service. I would recommend waiting and implementing this alternative Staff needs direction from the Commission III" II,..' l"<j" 1 <1~ .. . MEMORANDUM To: David T. Harden, City Manager From: Joseph M. Safford, ~ce Director Date: December 6, 2004 Subject: Wi-Fi Internet Services in the Downtown Area This office has been asked to provide comments on the subject of free Wi-Fi Internet services in the downtown area. The evaluation of the Wi-Fi Internet was initiated following the ICMA Best Practices Seminar in April, 2004 which primarily included the City of Winston-Salem, North Carolina. An overview of this material is as follows: . City had previously deployed Internet access to nearby Wake Forest University for the use of its students. . Free 802.11b wireless Internet access with unlimited use (no restrictions) was used in a targeted 6-block downtown development area ("Restaurant Row") to achieve clearly defined strategic objectives to retain its 18-34 year old demographic population that it had been losing and to attract crowds to its revitalized downtown area. . City already had a fiber optic infrastructure in the area installed several years previous to the Wi-Fi installation. This fiber infrastructure was installed in conjunction with the Institutional Network (I-Net) component of the city's cable television franchise agreement. . City received substantial free services from technology firms such as Cisco since this was one of the first cities to implement such a service . There was a degree of risk as to whether the technology would be successfully deployed in an outdoor environment over a multi-block area with buildings and other possible points of interference since 802.11 b wireless is required to have line of sight to an access point or tower. . Arrangements were made to utilize light poles, electric poles, and mounting boxes at strategic locations. . Four (4) access points were joined into a single network with wireless bridges which were extended into a city building where fiber optic cable was located to utilize the Internet Service Provider (ISP) already used by the city. . If the fiber optic cable and connectivity to the ISP had not been already in place. Winston-Salem cost analysis showed that it would have been more cost-effective to lease access from a service provider to provide limited service to the public over this limited area. Extending existing fiber to new areas for the sole purpose of providing public access would not be cost-1ustified. ~L\,E ----~--- . - ; . Several steps were taken to ensure that public data never entered into the city's private network. . Security of the information transferred over the network connection is the responsibility of the user. It would be relatively easy for someone to intercept the wireless traffic. The user should use software tools such as data encryption, VPN, and SSL options that are available within web browsers to improve data security. . Legal Issues: 0 Municipality providing free ISP services in competition with commercial ISP "hot-spot" providers. 0 Possible commercial use of the free Internet service (for private gain) that is financed with city tax dollars. 0 Unlimited access to any and all sites (minors using pornography sites). . Other Issues: 0 Selection of the initial ''targeted'' area to be provided with free services to the exclusion of other users which would have to pay for installation and servicing costs 0 Some commercial entities have already paid for these Internet services. 0 Technical support to users in the downtown area in order to properly operate the site. Winston-Salem chose to set up a website to provide much of the technical support, description of location availability, technical tips, and frequently asked questions. 0 Present utilization (February. 2004) is averaging 12 people per day. 0 Other businesses have requested expansion of the system to their area but are unwilling to offset the cost to expand to their locations. . Costs: 0 Fiber optic line infrastructure 0 Access point antennas and boxes 0 Charges for use of telephone or electric poles 0 Connectivity switches 0 Unsecured, unlimited use ofInternet vs. secured, limited use ofInternet (no pornographic materials, for example) 0 Marketing costs 0 Website (unsupported) for technical assistance 0 Costs to expand the system would depend upon the location of the new area to be served and the wired infrastructure in place to that location. Citv of Delrav Beach For the past several months, we have entertained several proposals to provide Internet services to the downtown area. These proposals are presented as follows: . Proposal No.1 (Broadband Oasis) WiFi "Cloud" along Atlantic A venue with 50 access points, 50 weather resistant boxes with universal power supplies, remote monitoring software and T -1 integration, along with monthly network and equipment maintenance. Area to be Covered Atlantic Avenue, east ofl-95 to AlA with one-block north and south Costs . Installation $134,253 . Monthly Maintenance $3,750 . Monthly Telephone Backhaul Cost $1,200 . Costs to be "transparent to the City of Delray Beach" which means that businesses will pay for advertising which would offset the costs Proposal No.2 (Fixed Wireless Ooe) WiFi along Atlantic A venue with 12 subscriber units (24 access points) Area to be Covered Atlantic Avenue, S.W. 2nd Avenue (County Courthouse) to the Intracoastal Waterway. Costs . Installation $144,700 . Monitoring and Maintenance $145.00 per month Proposal No.3 (JBE Technolo2V. Inc.) WiFi along Atlantic Avenue (approximately 10 blocks) with 3 access points. Area to be Covered Atlantic Avenue, S.W. 4th Avenue to just east ofS. Federal Highway. Costs . Unrestricted Internet use $25,278 . Restricted Internet use $49,872 MIS Recommendation The MIS Enterprise Technology Plan outlines the desire to have fiber optic lines as the primary communications medium to all City facilities. This would provide improved system capabilities, system security, reliability, and allow for system redundancy. For example, our present fiber optic network provides for transmission speeds at one gigabit (one billion bits per second) with the capabilities to run at 10 gigabits (ten billion bits per second). In companson, we have some City facilities with wireless 802.11 b < ... configurations that have transmission speeds of 5 megabits (5 million bits per second) and DSL configurations that transmit at 384K (384 thousand bits per second). Wireless and DSL are considered as "non-trusted" since they are not hard-wired into our network. Wireless is subject to frequency interference, reliability problems due to distance from towers and weather conditions, and are subject to security issues. A full fiber optic backbone will allow us currently to have a more robust technology that is necessary to transmit high bandwidth materials like GIS data, maps, pictures of employees and users, training videos (video conferencing), video streaming, and other interactive e-govemment initiatives. This fiber optic backbone to remote City sites will also allow for mobile wireless capabilities for laptops, Personal Digital Assistants (PDA's), and other devices with speeds far in excess of present technologies that are running at 128k (128,000 bits per second). WiMax technologies, estimated to be available in 1-3 years, using 802.16 standards will have access ranges exceeding 30 miles and transmit at speeds in excess of 70m (70 million bits per second) and does not require line-of-sight. Mobile wireless technology is presently utilized by our Police Department and would be planned for all field departments (Code Enforcement, Building Inspection, Meter Reading, Occupational Licensing, Water/Sewer Utilities, FirelParamedic units, Engineering inspectors and others). Adelphia Cable has submitted a proposal to provide above-ground fiber to aU remote sites at a cost of $750 per facility non-recurring charge and $395.00 per month per facility recurring charge. This is a to-year guaranteed price. Weare currently in negotiations with Adelphia Cable regarding the renewal of our cable franchise agreement. Our goal is to negotiate above-ground fiber optic cable to our remote City sites that would be paid for by users at approximately a $.35 per month increase in their rates. Once this fiber backbone is in place, the City could entertain proposals for specific areas, like the downtown area, for free Internet services at minimal installation costs and minimal recurring maintenance and monitoring costs. Therefore, MIS would recommend we permit the City Attorney to finalize negotiations of the Adelphia Cable franchise and resolve the issues of fiber optic lines before we move forward with the downtown Internet service proposals since this would be the most cost- effective alternative to be considered at this time. Wireless Internet Access Proposal The City of Delray Beach has requested JBE Technology, Inc. to provide engineenng services that will provision and install a wireless solutIon to cover the cafe area of downtown Delray Beach, Florida This solution is based on WiFi 802.llb coverage of about 10 blocks on Atlantic Avenue (SIdeWalk cafe area). JBE will provide a turnkey solution based on the Terabeam AP+ T -pop Platform. Figure I depicts the proposed coverage area. Figure 1 ~~.2 ' ,. ; + ~~';j- ji' :% i% ! , ,- ! ~- , '.!<II ~.fi ~-~,!~}~--~-=, ~ ~ j i = i , I I j , i lW ;~ , This solution provides wireless 802.llb unrestricted access to anyone in the coverage area. EM! interference can influence performance in some areas. 71071\'W 74 Street. Medley, F133166 Tel 305-398-9275 Fax 305-398-9276 Page 10f3 Requirements Option 1 - Base Solntion: . Unreslncted Wireless 802. I I b coverage of downtown Delray Beach, Florida (See Proposed Coverage Are m FIgure I) . Estabhsh remote management of Access Pornt Network (Internet) . Implement ADTRAN 1224 R Managed 10/1 00 Layer 2 SWitch ryvl Firewall) . Access Point will be configured to provide dynamic addresses (DHCP on 1224R) ~~!!I!f!"~;r.:Y.B'!!f~m~ ~~;y~~~~~~ ~:""-~":".;"'::'~"~;-rlJ'="~~-':~~~~-~ ~~~:~"",==;'_~'1~~~~:;:;~~ 647-800632-001 ASSY, T-POP, Access POint Plus (T-POP-AP-PLUS) 3 105-900000-020 YDI-R ISP Base for AP Plus (64 Clients Max - YD-4400) 3 647-800636-001 Internal Amplifier FULL POWER - 1Watt 3 647 -800636-002 Internal Amplifier Half Power - SOOmW 1 401-300000-003 Cable, Low-Loss, 4Ft N-Male (LL4) 6 203-900008-001 YDI FP18, Antenna Kit (Panel Antenna 18dBi gain) 4 ADT-1224R Adtran 1224 R 24 Port Switch Router 1 647 -800642-001 Option, Second Channel Populated on Access Point 3 203-900003-001 YDI A2412-D Antenna Kit 12dBi Omni 3 Option 1 Total $ 25,277.56 Note: This solution does not include any traffic shaping or restriCbons. Users will have full unrestricted access to all sites in the Internet. Listed Price includes labor, and sales tax; JBE Technology, Inc. will provide a detailed project plan 5 days prior project start date. Requirements Option 2 - RestrictedlEnhauced Solution: . WIreless 802 lIb coverage of downtown Delray Beach, Flonda (See Proposed Coverage Are in Figure 1) . Estabhsh remote management of Access Pornt Network (Internet) . Estabhsh remote management of Access Point Network (Internet) . Implement ADTRAN 1224 RManaged 10/100 Layer 2 Switch (WI Firewall) . Access Pornt will be configured to provIde dynannc addresses (DHCP Server) . Start Page & Collectlon of user Information . Cache Server to enhance performance . Implement Firewall to Restrict User Access & Bandwidth . Implement Pop Server (Provide Pop-up of local business) . Managed Server Configuration ( Provide SubscriptIon Support, Reporting Capabilities) .."=__\Q-"~t2"'~~m~f.~~~~~::~l;_~~-~~~~1;~2?~~~"""",,'-;;:-:-:"~~~- "'-,,~~~~~~~~~~~~~~~ 647-800632-001 ASSY, T-POP, Access Point Plus (T-POP-AP-PLUS) 3 105-900000-020 YDI-FIISP Base for AP Plus (64 Clients Max - YD-4400) 3 647-800636-001 Internal Amplifier FULL POWER - 1Watt 3 647-800636-002 Internal Amplifier Half Power - SOOmW 1 40 ~ ,3OOOQ()"()()3 Cable.-Low-Loss,4Ft, tL-Male tLL4) 6 203-900008-001 YDI FP18, Antenna Kit (Panel Antenna 18dBi gain) 4 ADT-1224R Adtran 1224 R 24 Port Switch Router 1 647-800642-001 Option, Second Channel Populated on Access Point 3 203-900003-00 1 YDI A2412-D Antenna Kit 12dBi Omni 3 LNX-CUST001 Unux Server (Pop-UosNVeb ServicesfMaiVDb) 1 LNX-CACHE Unux Server(Cache Server) 1 LNX-PROXY Unux Server (ProxylFirewallJlnfo Login) 1 SWDP-WMC SWDP Wall Mount 30 Space Cabinet 1 Misc-Parts Installation Accessories 1 Option 2 Total $ 49,871.85.56 7] 071\'W 74 Street Medley, Fl33166 Tel 305-398-9275 Fax 305-398-9276 Page 20f3 Note: This solution includes traffic shaping and user restrictions. Users will have access to permitted sites/approved content in the Internet. Listed Price includes labor, and sales tax. JBE Technology, Inc. "rill prm.ride a detailed project plan 5 days prior project start date. Customer Respousibilities . 50% oftota! to conunence work (deposit) . RoofRIghtslEasement . Bwlding/Zomng Permit Reqmrements (If any) Warranty: All parts installed by JBE Technology will be guaranteed as follows: Equipment will be guaranteed for a period of 12 months. In the event of a failure JBE will replace defective/malfunctioning equipment within 48 hours. Negligence, Vandalism, and acts of God are not covered under this warranty. Inquire about maintenance/preemptive maintenance agreement. Rate Plan Material(s) due date(s) the estimated duration to complete this project is based on the solution to nnplement. (Option 1 7 day CompletIon, Option 2 will require 30 business days) The rate for a Network Systems Engineer IS $125.00 per hour. All deliverables will be submitted immedrntely following the engagement. All prices quoted herein for engineering are estimates only. Work will be billed at actual costs incurred unless otherwise stated in this document. Client is responsible for paying any travel expenses at actual cost incurred if applicable. Package Price: Option_ Total $ Initials: - Note: Above pricing IS only vahd for 30 days from the date tins document was drafted. Additional Terms of Engagement The following Additional Terms of Engagement shall govern this Statement of Work Agreement ("SOW') unless a valid master agreement for profeSSIOnal services between the partIes IS ill force at the tune the SOW IS executed, ill which case the terms of the vahd master agreement shall govern In the event of any illconsIstencies between the following tenus and the master agreement, the master agreement shall prevail JBE will illVOlce servIces and expenses and client agrees to pay all invoices upon receIpt Client is responSIble for all apphcable taxes, except for taxes due on the net illcome of JBE JBE WARRANTS TIIAT THE SERVICES WILL BE PROVIDED IN A PROFESSIONAL AND WORKMANLIKE MANNER AND JBE MAKES NO OTHER WARRANTIES EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE JBE IS in the business of provIdrng Network Consultrng ServIceS drawing upon the knowledge, Wlderstanding and expertIse JBE has gamed ill the course of workrng with many illdlVldual chents, both surular and chfferent from the Client Notlung ill this SOW shall be deemed to aSSIgn nghts to or lunit JBE' s use of any know-how or knowledge to the extent It does not contam Chent's confidentIal informatIon or that JBE had prior to entenng tins SOW or that JBE obtains dunng its performance under this SOW. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDlRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES NOR SHALL EITHER PARTY'S LIABILITY EXCEED TWO (2) TIMES IRE VALUE OF THIS SOW Accepted and Agreed to by: JBE Technology,loe. City of Delray Beach Signature: Signature: Name: Name' Date: Date 7I071\TW 74 Street. Medley, Fl33166 TeL 305-398-9275 Fax 305-398-9276 Page 3 of3 ------- ~" (tRIED WIRELESS ONFM Ph 866-895-6888 Email: mfo@:FlxedWlrelessONE com Delray Beach, FL Proposal and Contract #2 for Wi-Fi Deployment of HotSpot on Atlantic Ave from 1-95 to Beach This proposal is intended for the staff of Delray Beach, FL (DRBF), and outlines the pricing of a wireless Internet broadcast system, which will allow DRBF to provide both consumer and business customers with free mobile Internet service along Atlantic Ave between SW 2nd Ave and the Intercoastal Seaway. This proposal contains all the equipment and services necessary to create this modern highly efficient Wireless hotspot, along with full installation, any required knowledge transfer and/or training to the staff ofDRBF, and ongoing maintenance of the system. The engineers and staff of FixedWirelessDNE (FWD) started one of the first Wireless ISPs in North America, and after selling that company (Superior Broadband) in 2002, have started the current company which just deploys and manages fixed wireless networks for other groups. We are not tied to any certain manufacturers, and offer the best advice and service available in the industry, keeping the price low without skimping on the necessary ingredients of a higWy durable, reliable, and easily manageable wireless network. The deployed network will allow business and consumer residents, along with city visitors to access the Internet on a completely free basis. The level of bandwidth can be limited to any level desired by DRBF, and if particular users (such as business or hi-bandwidth needing consumers) wish to use the network on an ongoing basis, this can be easily handled with (FWD) providing the billing and technical support. Section 1- Fixed \Yireless :\eh' ork Deplo~ ment Eauioment and Services Provided It is the intention of FWD to go above and beyond DRBF's expectations in designing, deploying, and maintaining the proposed WiFi network. By handling all aspects of the installation of transmission and related equipment, DRBF will gain a state of the art broadband wireless network, which will be an efficient vehicle to supply business and residential customers with up to I1Mbps ofInternet bandwidth. This system can be easily maintained by DRBF staff or optionally by FWD, and will include a firewall which will keep the general Internet traffic completely separate from the DRBF network. The services and equipment provided include: 1- All equipment necessary for broadcast from specified broadcast points to be determined and acquired by DRBF. Recommended broadcast locales are building rooftops. This system will include one main transmission radio located at City Hall, which will feed 12 subscriber units located along Atlantic Ave. Each of these subscriber units will feed 2 Confidential Page 1 111112004 FixedWirelessONE, Ine Cisco 1400 802.11 b or equivalent Access Points, which will broadcast east and west on Atlantic Ave. Additionally, this proposal includes 1 Nomadix router which will handle the full administration of users, and will be used in the event that DRBF installs a nomadic broadband system to cover police, fire, and EMS staff at a future date. The Nomadix router will also allow DRBF to bill hi-bandwidth customers easily if they wish, and this billing and support can be handled by FWO. 2- All installation labor necessary for installing the broadcast infrastructure on the specified broadcast locales and at the Network Operation Center (NOC) located at City Hall. The price below includes all aspects of tbe work, including specialized labor such as electricians or any necessary subcontractors. 3- Training on all aspects of the system including the broadcast antennae, all connecting equipment, the NOC, and fixed wireless technology in general. 4- Included in this proposal are all necessary connectors, fittings, cabling and miscellaneous hardware. Included Trainine: on Ooeration and Maintenance of the Network This quote includes 1 full day of on-site training for the staff ofDRBF to familiarize any staff with the specifics of the system, necessary maintenance, and some education on wireless Internet generally. During installation, FWO engineers will explain their work as they perform it to the staffofDRBF, explaining all aspects of the network, the NOC, and general aspects offixed wireless technology. This price quote also includes all the training necessary to familiarize designated DRBF employee(s) and/or consultant(s) in all aspects of installation of new paying customers ifDRBF elects to go that route, including both the on-site construction aspects, as well as adding them to the system for monitoring and billing. Timeline FWO can have all transmission and NOC equipment fully installed and operational 6 weeks after acceptance of this proposal, including all training and one free customer installation which is usually done as a demonstration for your technical staff or person in charge of the wireless servtce. Price of WiFi Network Including Training as Detailed Above: $144,700 S f 1 .., o f 0 13 I Se ., i 'es OPTION 1- Full Remote Monitorine: and Maintenance of the DRBF Wireless Network In addition to the basic training, DRBF can hire FWO to fully support their network on an ongoing basis, including unlimited calls to directly to our engineering staff to troubleshoot any performance issues on a 24/7/365 basis via toll-free number, error and intrusion detection, and daily network performance monitoring. Price of General Network Support as Detailed Above: $ 145/month Confidential Page 2 1111/2004 FixedWirelessONE, IDe OPTION 2- OfTerin2 Internet Service on a Paid Basis for Business and Residential Users With the placement ofthis network, DRBF may want to offer higher bandwidth service to those business or consumer users requiring a higher level of bandwidth service or those wishing to rely upon the wireless service as a replacement to their current cable, DSL, or other Internet service IfDRBF decides to offer bandwidth on a paid basis as well as free, we offer as an option the complete remote administration of the network by FWD. This includes a toll-free number your customers can call 24/7 for technical support FWO can provide: 1- General technical assistance in helping customers gain access to the free network. 2- Billing and signup of customer accounts ifDRBF elects to offer premium paid service. 3- 24 Hour Toll Free Technical Support- for all issues including email, webhosting, connectivity, and related help for paid customers. 4- 24 Hour Network Monitoring & Intrusion Detection Although 95% of network maintenance is possible via the Internet, we would still require at least one person to be on call in DRBF to, if necessary, adjust equipment, reboot routers and servers, and perform other similar on-site tasks which would not require a high level of computer or network knowledge. Under a paid service scenario, FWD will provide DRBF and its customers with a 24/7/365 toll free number to handle all aspects of customer service related to the function of the ISP including email, web hosting, and general Internet connectivity questions. The escalation process of unsolvable or network infrastructure problems can be defined so that these calls are routed directly to FWD or to a designated DRBF department. Under this plan, FWD will assume complete responsibility for the network, insuring a 98% minimum uptime guarantee. FWD will keep one extra transmission AP on site at DRBF for immediate deployment in case of damage or default of the transmission equipment. If an on-site visit to DRBF is deemed necessary by the staff ofDRBF, there would be a $480 charge by FWD per visit to cover travel and related expenses. Below is listed pricing for this support, and FWO is flexible if customers only want a portion of these services. These prices cover the cost ofFWO fully supporting the customers, including billing, 24/7 technical support via toll free number, and unlimited emaiI accounts. FWO Network Support Pricin2 for Pavin2 DRBF Customers: . Commercial Customers with WebbostiDg~ $20lMonth . Commercial Customers without Webhosting: $15/Month . Residential Customers: $7/ Month Section 3- " arrant~ / Partnership Sen ice All equipment provided by FWO will become the property ofDRBF, and warranty information will be completed by the appropriate staffofDRBF. FWD offers an unconditional 30 day money-back guarantee including the replacement of any equipment or parts that fail to operate to the satisfaction ofDRBF at the time of installation, and Confidential Page 3 111112004 FixcdWirclessONE, Inc. this is above and beyond manufacturer's warranties. All systems, which are received as non- serviceable at time of purchase, shall be replaced immediately and not repaired. Information on service logistics will be supplied via a web link to a secure site hosted on either FWO's network or DRBF's. This link will show standard Multi Router Traffic Grapher (MRTG) which is a tool to monitor the traffic load on network-links. MRTG generates HTML pages containing graphical images, which provide a live visual representation of the traffic. FWO will handle all necessary setup of these graphs so that DRBF staff can check them any time via a secure web link. Section 5-Tenns and Conditions TERMS AND CONDmONS 1 FWO's Oblieahons A FWO shall provide a fixed wireless network that is rehable in providing 98"", uptime ped'onnance me m hauling data to the provided upstream bandWldth COIIl1CCIion. FWO shall be 0Il-CIll to service problems under the tcmu; mentioned in this contract proposal FWO makes an UIICOIlliil1onal90 day money back guarantee covenng all aspects ofits prm.>ided network and the maintenance ofil 2 Rudrts and Obhl!3l1ons of Cmtomer. Customer is responsIble for all onsite activities necessary m (I) slgmng up new customers, mcludmg the sales and nwketing efforts, as well as the installat10n of subscriber unIt equipment at residential and commercial locations; and (ii) perfonnmg any onsite mainlenance or other work required by FWO which could include but would not be limited to. (a) aligning, realigning, adJustmg, installing antennae or other transmission equipment, (b) rebooting servers, (c) adjusting servers or related hardware and software with instruction from FWO. Custnmer shall own the mstalled fixed wuiess network and all Network Operation Center equipment, and shall hold the manufacturers or supphers dm:ctly responsible for any warranty clauns, WIth FWO being responsible for any software provided by it. and the general network functJonality Since Customer will be acting as the Internet Service Provider, Customer is responsible for all contracts and legal obligations of this role in serving bandwidth, email, webhostmg, and newsgroup service to its customers. Customer shall not alte.-, tamper with, adjust, or repair any equipment or otheI- material associated with the Service unless in comphance with mstructJ.ons from FWO to take such action. Custnmer agrees to prOVide a safe envtroIIIlIent for the Network Operal1on Center with a reliable power supply. Both parties agree not to make changes to said equipment without the advance notice to and consent of the other party, such consent not to be unreasonably witbbeld. Customer agrees to full responsibility in providing service to its customers, and will prOVIde to them an Accc:ptable Use Policy (the uAUP") which can be provided in sample format by FWO which may be amended or modified from time to time. A templa'" of the AUP IS freely available from FWO In digital format, and can be used and amended to fit the needs of Custnmer m provtdmg to Its customers Nothing m this Agreement shaD limit or in any way affect FWO's risht to provide any Internet or related 8eI'VICCS to other parties. 3. PlM1ICIIIs and Cancellation. Payments to FWO shaD be in US. fimds and shall be made without nght of deduclion or set-off A Upon the execution of this Agmcment and any opIiooal Maim:nance CoaII3d: by signing below by both parties. Customer shall pay FWO a deposit of20% of the total fees for the chosen services described in this Agreement and any aUaclunent hereto. B Customer shall pre-pay FWO all applicable charges for all eqUIpment and/or software rt orders under the Agreemeut and any aUachmeut hereto unless oIherwise agreed to between the parties. C. If Customer elects monthly mamtenance and/or support services, Culltomer wiD be invoiced at the end of each month for Service(s) rendered during that month. Paymeut is due 15 days after date of mvoice, and accounts are in deJimIt ifpayment is not receiwd within that time. D. Accounts in defmIt wiD be charged a late P"}ment ree in the amount of the lesser of 1% of the unpaid balance per month, and such late fee wiD be immediately due and payable without nccessrty of demand by FWO. FWO shall also have the right, after giving Customer 10 days written notice, to cancel or mspend all Service unI1I Customer has paid any arreanlge&, mcludmg any late fees as specified herem In the event of any default, Customer shaD pay all costs mcurred by FWO in coIIcdmg any 8IIIOlDds doe under this agreement, including reasonable attorneys' fees and costs. 4. Taxes. Customer sball be solely responsible for payment of all taxes and charges relating to the Service and the ti:es collected from sobscribers to the IIIStalled netwotk, including WJthout limital1on, all sales, use, utility, and property taxes. 5. Limited Warnmties and Disclaimers. The wananl1es with reganI to any FWO Equipmert or other equipment provided herein are extended solely by the mllnn6rioarer of such cqmpment. The WlIl131Wies with regan! to any FWO Software or other software provided herein are extended solely by the licensor of BUch software in acconIance with the wammty, if any, of such licensor. FWO wamurtees any software designed by it, iu:1nding scripts and Jogging files. The SeIvice is provided with a 90 day complete money back guarantee covering the satisfactory operatlon with a 98"A. uptime gwmmIee of service FWO is not IC8JlOIISIble in any way for the content or data b3nsmitted (M:J' Its provided network, and makes no claim for !be legahty of tIns transferred information. If the federal or state government provides 8Ubpoc:na for access to information on any node of the netwotk, FWO wiD comply with this request in dues process oflaw 6 I.imiulion ofliabilitv. Emire liability fur the network provided to Customer by FWO and the services it ~ to customer, shaD not exceed the amount paid for sUpplied network. The liability of any service, and claim 011 its services, shall not exceed the amount customer owes FWO for serw:es provtded dUlIDg that time period In DO event shall FWO, its officers, directors, shareholdeni, agents, ",ptaG<1Iati1lCS, and employees be liable to customer or its end UBerS for any special, inciderfal, mdirect, exemplary, or consequenIial damages, including, but not limited to, damages or costs incum:d as a result of loss of time, savings, property, data, profits, or goodwill, which may arise in COIIl1CCIion wi1h the service or maiutenance of it, reganIIess of whether FWO has been apprised of the possibility or likelihood of such damage occurring or whdher claims are based or remedies are sought m contract, negligence. strict liability, tort. products hability or othcrwISe. 7 Confidentialitv. The parties agree to keep the provisions of this Agr=nent, including without limitation the pieing of the bid. confidential, c=ept to the extent that disclosure may be requin:d by applicable la_ or regulations. In the Iattcr case, the party required to make such disclosure shall promptly inform the other party pior to such d1aclosure m sufficJent tune to enable that party to make known any objections it may have to such dISclosure 8. Tcnn. The term of this ~ commences on Efli:ctM: Date and remains m full fon:e for the decided upon tenn, and will be renegotiated thereafter for a mdDaIlyagreeable term. Either party can cancel this agreemem wi1h 60 days notice to either party. 9. T amination. A Either party may terminate this Agreemeut if!be other party commits a material breach of any term or condition of this Agreement that is not remedied within 30 days after receipt of wntten notice of such bn:ach by the non-breaching party. B Either party may terminate tins Agreement unmedJatcly upon notice to the other party If (i) the other party is dissolved or liquHlated or a Imstee or = is appointed for Customer, (ii) bankruptcy or insolvency proceedings under federal or state law, whether voluulary or involwtary, are commenced against the other party, or (Iii) the other party makes an assignment for !he benefit of c:n:ditoB. C. In the evem of termination or expirabon of the TCIlIl of this Agreement, Cnstomer shall immediately (i) n:ID:n to FWO all FWO F..quipmem (If not purchased by Customer) and all FWO Software m lis possession, (it) destroy all such materials that cannot be ph}'81cally returned wi1h FWO's written authonzabon, and (Iii) ceItify in writing to FWO that Customer has complied with the provisions of this section. The provtsions of Sections 2, 3, 4, 5, 6, 7, 8,9, 10 and15 of this Agn:ement and all other material provisions shall survive any tennination or expm.tion of this Agreement and shall bmd the partres and their legal rcpresentativl; SIICICCSSOlS, hein, and assigns. D. In the event Customer terminates its ose of the Service for any reason other than a maIeriaJ breach of tIns Confidential Page 4 11/112004 FixedWlI'ClessONE, Inc. Agreement by FWD, Customer agrees to pay to FWO an amount cqual to the number of months remaining m the Term multiplied by the greater of (i) the total Minimum Commrtment for all the applicable Service Plans executed by Customer under this Agreement with Mmimum Comnutment or (n) the Inghest monthly recurring fees invoiced to such Customer over the 6 months immediately preceding Customer's temunation. E In the event of termination of tins Agreement all fees and charges to be paid by Customec to FWO hereunder shall be lDImedJately be due and payable 10. Assignment and Amendment A Neither this Agreement nor any of Customer's rights or obligallons hereunder may be assIgned by Customer, m whole or m part, or by operation oflaw or otheJwise, without the prior written coosenl ofFWO not to be unreasonably withbeld. FWO may assign this Agn:emenlto any party c0ntr011mg, controlled by, or under common conlro! with FWD B No additional terms, consent, watVer, alteration or modification of any provision of this Agn:ement shall be binding unless both parties agree in m1ling. II. Warn:r and Scverabihtv. Failure by erther party 10 enforce at any time any of the mutua1Iy agreed upon proviSIons of tins Agreement shall not constrtulc a Wlllvcr of such proviSIon nor in any way affect the vahdity of this Agreement or any part thereof or the right of the other party thereafter to enforce the provtsions hereof The provisions of this Agrccmcnl are severable, and any provision of this Agreement that IS determined to be VOId or W1CIIfon:eable by a com of competent jurisdiction shall not affect the enforceability of the remaining provisions herein, and the remaining provisions shall be enforced as if tins Agreement was ongina11y written wrthout the mvahd provision. 12 Force Mall:urc Notwithstanding anything bcrcin to the conIJ2ry, FWO sba1I not be hable to Customec or any tlmd party ansing hcrcfrom for &ilurc or delay in perfonning its obligations hereunder if such faihre or delay is due to cireumsIances beyond its tcaS01IabIe comroJ, including, withoullimitation, failure in operation of the retevam portion of the Immet due to a teclmoIogy &iInre (other than arising out of the neglect or mishandling by either party bcreundec) or &iInre m the performance of a thinI-party or its equipment, acts of any governmental body, declared and/or undeclared war or any act of war or resemblance thereto, lIlBUFI'CCIion, sabotage, embargo, fire, 1Iood, strike or other labor disturbance. interruptIon of or delay m transportation, UIlln'31lability of or mterruption or delay m telecommunical1ons or thinI party services, failure of thinI party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Servtces 13 Arbitration. This Agreement shall be governed by and m accordance with the laws of the State of Michigan, without giving c:ffect to its con1Iict of laws provtsions. Any cause of action Customer may have with respect to the Service must be brought within 1 year after the date that Customer would reasonably have first become aware of such cause of action. Any controversy or clatm arising out of or relating to this Agreement, or the breach thereof; sball be settled in a standard legal practice as is deemed fair and normal in the USA, or in the state ofMichig;m. Judgment upon the award rendered by the atbi1r.ltor may be entered in any state: or federal court having jurisdiction in the State of Miclugan; provided however, that any party seekmg only eqUItable remedies may seek such remedies m the state: or federal courts havmg JUrisdicbon over the areas where Provider and Customer are located Customer consents to the personal jurisdiction of the federal and state: courts with respect to all disputes arising out of this Agreement, Customer's use of the Service or otherwtse between Customer and FWD. Customer waives all rights of removal The prevailing party sba1I be entiIIed to recover all cosls of arbitratJon, mcIudmg attorney's fees and c:xpeoses, 1iom the non-prcvailing party in any arbitration outcome under this Agreement. 14 Entire Alm:emcnL This Agreemcot and any -.,.Jmv.",t" and Service Plans attached hcn:to COIl!ltiIme the entire understandmg of the parties with respect to the subject matter hereof and shall supenede all proposals and pri.... agn:cments and understandings, mal or written, and any other communications between the parties re1ating to the ~ mailer of this Agreement. COMPANY: ADDRESS: Tel: Email: By: Title Date. FIXED WIRELESS ONE. LLC. 1235 N. Oakview LaDe MUllleapolis, MN 55441 USA Tel: 612-419-1322 Email: iDfo{a),FixedWirelessONE.com By: Title: Date: Confidential Page 5 111112004 FixedWirelessONE, Inc. ---- br~ndoasiS NOJIlIIIbc ioflff QCUS$, 6500 N W 15111 Avenue, Suite 300 Ft. Lauderdale, Florida 33309 954-545-8181 954-545-81 B2 Fax www.BroadbandOasis.com September 17, 2004 Mr. Gaetano Buzzelli, MIS Manager City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Flonda 33444 Dear Mr. Buzzelli, As a long-time admirer of the progress seen along Atlantic Avenue in the City of Delray Beach and of the Downtown Delray Beach Master Plan, adopted in 2002, it is a pleasure to submit a preliminary proposal for the development of a Broadband Oasis Wireless Internet Access "Cloud" along the Atlantic Avenue corridor east ofI-95 to AlA. For years, I have entertained clients at the wonderful Downtown restaurants; first as a senior executive with I.M Family Enterprises and later as the founder of Broadband Oasis. The evolution has been remarkable. Please note that this proposal is intended to be a macro view of the cost and scope of work required to create and manage the Atlantic A venue Broadband Oasis "Cloud." To prepare this outline, our technical staff performed a preliminary site survey of the area and determined an overall plan for implementation of Broadband Oasis WiFi. However, I emphasize that a more detailed plan must be prepared upon determination of the project's merit by City ofDelray Beach. Broadband Oasis, as a South Florida-based company, will propose the project on a cost plus ten percent (10%) basis, with all costs being transparent to the City of Del ray Beach. We view the intr~ction of Broadband Oasis WiFi public access along Atlantic A venue as a benefit for all citizens and visitors to the City and are excited to be a parbter in the continued progress of the "Downtown Gateway." Broadband Oasis is a subsidiary of publicly-held Greentech USA (OTCBB' GTED and has developed over forty (40) WiFi locations in Florida. Based in Ft. Lauderdale, Florida, Greentech also has offices in Dallas, TX, Mumbai, India and New Delhi, India. In fact, one of our initial sites, developed in 2002, was in the City Oyster restaurant on Atlantic A venue. Our current clients include Applebee's Restaurants, RI. Gator's Restaurants, Big Time Restaurant Group, The Restaurant People, and Holiday Inn. Page Two Per our conversation, this correspondence outlines the scope of work you requested, including objectives, procedures, identification of responsibilities, and estimated fees. OBJECTIVE Implement turnkey Broadband Oasis public wireless Internet access (WiFi) corridor along Atlantic Avenue east ofI-95 to AlA, in Delray Beach. Access is to be available approximately one (1) block to the north and south of the corridor. (WiFi is short for "Wireless Fidelity" and describes a standards-based wireless Ethernet technology. This technology provides the capability to install a wireless network in a pubbc location to provide broadband speed access to the internet to WiFi enabled devices without the user having to reconfigure any settings. These WiFi devices are available from all the major computer and electronics retailers.) SCOPE OF SERVICES 1. Procedures a. Assist City in planning implementation of the Atlantic Avenue WiFi "Cloud" project, including completion of physical site survey. b. Install fifty (50) wireless access points (AP's) and other necessary equipment. c. Two (2) backhaul points. Determmation of back haul to be finabzed upon completion of a formal engineenng survey. d. Develop real-time network authentication and authorization. e. Complete configuration and testing of equipment. f. Introduce Broadband Oasis to, and train city staff. g. Provide script designed for troubleshooting support. h. Coordinate with the City of Delray Beach in marketing of Broadband Oasis availability. 2. Training and Testing a. Work with City staff during installation and implementation to establish a general understanding of the system. b. Training areas to include: basic network troubleshooting, log-in and authentication procedures, troubleshooting login procedures, explanation of equipment usage and functJ.on. Page Three c. Upon completion, system test to assure intended functioning and production of consistent radio frequency output to eliminate dead zones 3. Post-Installation Support d. Assist in planning and assembling data for Post-Installation Network Support. This would include 24/7 remote monitoring of system, remote diagnostics, troubleshooting, on-sIte technical visits, and equipment replacement, if necessary. e. Optional toll-free, 24/7 telephone support for network users. (City callers or non- network users are billed at sixteen ($16) dollars per call). f. Reproducible Log-In Instruct10n Sheets for network users g. Monthly public training sessions covering system access and troubleshooting. h. Optional custom City of Delray Beach Portal Page design. City ofDelray Beach Responsibilities To commit relevant staff to mutually agreed-upon meetings for strategic implementation and post-installation transitioning, training and marketing. Thank you for the opportunity to be of service to you and to the City of Delray Beach. We look forward making the "Downtown Gateway" a "Broadband Oasis." Sincerely, H. Logan Pierson bro:r:ndoasis NamsdlC i-net IlCU:S.i. Atlantic Avenue WiFi "Cloud" Project Estimate Equipment Hardware WiMax $18,000 Access Points 50@ $350 17,500 Cable 5000 ft. 450 Miscellaneous Connectors 1,000 UPS 50@$100 5,000 Nema Weather Resistant Boxes 50@ $100 5,000 Power over Ethernet Equipment 5,000 Software Remote Monitoring Software 1,499 Radius Licenses 1,299 Hardware/Software Installation Remote Monitoring Software Installation 800 Configuration of Access Points 2,500 Installation of Access PointslEquipment 25,000 Back Haul Installation T -1 Integration 10 hours@ $100/hour 1,000 WiMax Configuration 10hours@ $100/hour 1,000 Project Management 240 hour@ $ 150/hour 36,000 Instructional Materials 1,000 10'% Margin 12,205 Estimated Installation Cost $134,253 Network and Equipment Maintenance Monthly Maintenance $3,750 Monthly Telephony Backhaul Cost $1,200 24/7 Toll-Free Customer Support Option Available o~ ~ [ITY OF DELRAY BEA[H CITY ATTORNEY'S OFFICE ~()() "\\\ l'l .'\VL"\\'E. DlTR<\\' BEACH. FLORIDA. 3344-+ lTU PHO\iE :,(,iC-F-7()l)(l' b\CSI\lILE :'i61/2/R-4755 DElRAY BEACH Wrlter's Direct Line' 561/243-7091 f l (' RID .. D*d All-America City MEMORANDUM , III I! DATE: December 1, 2004 City Commisison 1993 TO: 2001 David Harden, City Manager FROM: Susan A. Ruby, City Attorney SUBJECT: Property Acquisition Status Report I would like to update you on various property matters. I have spoken with Mr. Malkemes and he has a proposal that would let him stay on part of the land, that I would like to get your direction on at the December 6, 2004 meeting. Further, I would like to update you on the status of other property matters. Please place this status report item on the December 6, 2004 City Commission agenda. Cc: William Malkemes Rex Taylor, Assistant City Manager Joe Weldon, Director of Parks and Recreation qf " Page 1 of 1 ~ IV1 al k em e.,s ,. Gary R. Nikolits, CF A 'WI Palm Beach County Property Appraiser Property Mapping System 1 ,>~~1~~ 1/iinll- IMtill _ _ _ _ ,_ _ _..., "' '1 - ~ ~- - ~ ~'- ~ ---, ~. -<-<< - -- Parcel Control Number St2ll .. 322If aII!1 100424612000003202 .~~ (eg.74434322120080010) ~streetlnterseCtion I ~- I a~ 'il<~ s.... I -- '<~:':-~ 3141 [BY City I aa * aa. 1-: ~ a Municipality - .:i .. ~ 1 '3C4:1M2 ., pRange, Township. sectloni 3.. R 135~ T f3S r:3 3tat 1- I~ ~~ ~ _ ___ _,.- - - _ _ ___ "Y'lNGQ_~. -----. ~ Legend Palm Beach County Property Map D hralBomdaty Map Scale 1:5199 11121 I Lot nuntMlr Copynght Palm Beach Coun1y 2003 All Rights Reserved - Subject to a License Agreement. Map produced on 11111/2004 from PAPA ~~,~ http://gisweb.co.palm-beach.fl.us/ipapagis/presentationlmappinglprintnew.asp?MAPURL. ., 11/11/2004 /' Page I ofl -",," /,. GaIyRNikolits,CFA _ Palm Beach County Property Appraiser . Property Mapping System , 1ut - _ ,_~<. ~ 1Jitt8.~ -- p""';O.;..~""-~.~~"""oew.. ';:~~_~''::::-_~<_.;:'";';:'''''_~J~__ Parcel Control Number 1141 I ~ .... 12434618000001190 -' ~_' < .... ,... (eg.74434322120080010) ~_In._on I I . and I _. ~~WJ~ ~n - .. r~~aM~-:::f I , _ ~Range. Townsh.iP, Section, R (35]J T r3I s r:3 ... -. '.' ~/'/ .. -' " ..... ~~ ~I . .,- ..... ., . .. .. ... -- 1 ... "" Legend Palm Beach County Property Map D Pweel Bomdary Map Scale 1 :6692 11121 I Let IlUIIiMIr Copynght Palm Beach Coun1y 2003 All Rights Reserved - Subject to a License Agreement. Map produced on 121112004 from PAPA http://gisweb.co.palm-beach.fl. uslipapagis/presentation/mappinglprintnew .asp?MAPURL=... 12/1/2004 ---------- , . ) , , ~()r:~S()~ ~ CtU:1~. I~C. , , , PLAT MAP ~ , , - . l;SJh. - - ,.r T .-- : ~ ; Ji; ) / I Subject Property I ) I ; I tIGH POINT CONDO SlCTtON ONE ) . ;, , ) MRCEL -I- ) _=_ft ) , . ;) III ;) I I ;) - I , ! I , , , ~ ~ 1\ 1 . \ , \ \ ~ , \ , , , , - , J -- W. l'fLANTIC AVI.. , . .. . .. , -- , ., ., , 13 ., ., ., ~ - MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER orv1 SUBJECT: AGENDA ITEM # q Q,- REGULAR MEETING OF DECEMBER 6. 2004 APPOINTMENT TO THE BOARD OF CONSTRUCTION APPEALS DATE: DECEMBER 3, 2004 At the City Commission meeting of October 5th, Mr. Clifton Miller was appointed to the Board of Adjustment creating a vacancy. This would be for a regular member serving an unexpired term ending August 31, 2006. To qualify for appointment, a person shall have actual previous experience in their respective trade or profession deemed sufficient by the Commission. Residency is not required. A person need not own/operate a business in Delray Beach. Membership is composed of the following: An air-conditioning contractor, an architect, two general contractors, a master electrician, a professional engineer, a master plumber, a realtor or insurance agent, and a sign contractor. Attached is a listing of the current Board members and their occupations. The following applicants would like to be considered for appointment. (See Exhibit "A" attached) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the appointment will be made by Commissioner Archer (Seat #2) for a regular member serving an unexpired term ending August 31, 2006. Recommend appointment of one (1) member to the Board of Construction Appeals for an unexpired term ending August 31, 2006. - Board of Construction Appeals Page 2 BOARD OF CONSTRUCTION APPEALS EXHIBIT A AlC Contractor Architect Jose Aguila (Also applying for Site Plan Review and Appearance Board) General Contractor Charles Halberg (Also applying for Site Plan Review and Appearance Board) Electrician Ene:ineer Plumber Real EstatelInsurance Ae:ent Pearl Bunny Markfield Elrod (Also applying for Nuisance Abatement, Code Enforcement and Site Plan Review and Appearance Board) Sie:n Contractor Miscellaneous Jeremy Office (Financial Advisor) Norman Rosenblatt (Construction ConsultantlEnvironmental Supervisor) Patricia Westall (Community Relations Specialist/Consultant) (Also applying for Neighborhood Advisory Council) u ~ 0 > 0 Z E-.. ~ ZO :::E~~E-<"""ZdCl) - ] Eo- ~ a:l Eo- ~ ~ (l) < < ~ ..g 0 - ..!!l.$ == ~ rl..g g;", -<~ ...... l: .g '" u 0 3 N <'1 <'1 <'1 N Q <'1 <'1 ~ N 3 E- ~ ~ 0 0 ~ 0 ~ ~ ~ ~ Vi 0; 0; ;0 Vi '" (l) ::t 'I') <'1 'I') 'I') 'I') g.g 0 0 0 0 ;; ~ 0 ~ 2; 00 '=::: 00 -- ~ 00 00 3 00 0- 00 0 CJ - 0 0 0 0 0 0 0 0 - 0 - ....~ P. P. P. ~ P. P. P. P. ~ P. P. i ~ 0._ 'O- r:>. r:>. r:>. r:>. r:>. r:>. r:>. r:>. r:>. ... (l) -< -< -< -< -< <: <: -< -< -< < -< os (l) ~ ~ o e ~>. 10. 10. 3", 10. .. '; ell 8::;E .. .- ...: -= .. ~ (l) CI '" CI .au .. Y QJI CI Y .....: .... ell 10. .... -g..g .. YU ~ Y ,;; QJI ~ C = Y ~ .. ~"g ~ ~ ClI c ~E ell ._ .... ~ = - CI .. :a ~ ~ t~ ~ - ClI .. ~ =~ '" .. ~ .. ell -< '" = ~ .... .- -= = 'C = ClI -= 10. = ~ = .. '0 '" CI => .. = Y ~ Y =~ CI E- ....S .. ell CI ~ gu .... .. Clc.:l ~ = c ClI CI ClI .: = .. .. ~ .. = ell ;: = == 0 U CI U. UZ .. ~ rJ:J ~ !:l elI-= ~= U"Cl ell .. N ~CI Y ClI U .- "Cl.... t ~ .... ..~ ell.... -;< 1::= -~ .~ < - .. == - ~ ;g:: i; ~ ~ ell ell ~ .. ~-; ell ell ~ .- .... ~- ;<.::~ t= CI ~ =r-. .. '" ell '" .crow '" c .. Y J:l CI c oP::: ~ .. CI -= .. ell C .... ell .. "Cl ell ell Q.elI '" t' ~ = ell .- U ,~ e-= ~ €] Q... Y CI C C .........- -;~ = e CI e C':::: = .. .. .. Y CI ~ ~elI C '" ell"; =.... c.~ .. ell ell CI .. ell ell ell = .. ell ~ .. ~ 8~ ~= .. -= - = ~ CJ Z <nU UL-15-2004 08:19 F~oM:CURRIE SOWARDS AGUIL 561-243-8184 TO: 2433774 P.l u"v,'v.... rft~ VQ~d~ .~ ~VL M.~ ~"~ ~.&A V~~~~ ~.........- DEIllAY BEACt{ ~ - /5-CJ(d r . .. . . p ... ***** AckJoJ .. r IIr;aCitJ CITY OF DELRAY BEACH , III I! BOARD MEMBER APPLICATION 1993 2001 inforontion: 1- Name . M.I. .1. ~u..tA l::. 2. Horne Address: ~ Code <..J . :l.>4-= 3. Legal Reside.nce: Zip Code 4. Principal BU5ioess Address: City Sate Zip Colk ,~~ t-J.E l -3t Av-<- (X.J ~h. R- '3~~ S. Home Phone: Business Phone: E-Mail Address: Fax: I~\- ~* 2-1.& ~q f"1 Jo ~ <? c () <UL~ GAlLc. c :, c, f -<-+~10 ?- <-{- '\ -~ , f'4- 6. Axe you 2. registered voter? If ~o. where are you rcgist.eted? ~ 7. 8. l..ist all City Boards on which rou arc =eDdy serving or have previously &eI:Ved: (please inclu~ dares) l .- . ,~ . 9. 10. List ~y related profession21 certi.fia.uons and licenses which you hold: L-~ U-v-.Q '.___~ 12. Describe experiences. skills or knowkdgt: which qumfy you to serve on this baud: (plellSe attACh a brief ro!sllmc) ... "_ . 1. - ~'lJ- T hetcby certify that all the above star.emcnts ue true. and I 2gtce and understand tlu.t 2%)Y misstatement of llllltetkl facts CXI0tained in this ap tion may Close forfeiture upon my part of any 2{JPomtment I truly receive. SIGNA'1'URE " JL{.o~ DATE Note: nus application will remain on file in the City Clc:rl(s Office fo! a period of = from the da.tc it was submitted It will be the appJic:mt's J:esponsibility to ensure that a. cuttcnt ap G t:J~ 0 SlaTYQJilUOIlOABD\.\r.rUCA llON JUL 1 5 2004 CITY CLERK JOSE N. AGUILA, A.I.A., NCARS AR 0015349 Home Office 800 SW First Court 134 NE 1 st Avenue Boynton Beach, Florida 33426 Delray Beach, Florida 33444 (561) 737-8894 (561) 276-4951 QUAUFICA nONS Registered architect with over twenty years of architectural and construction related experience ranging from residential to large scale commercial and governmental projects, with proven abilities in production, project management and construction administration in both public and private sector. EDUCATION Bachelor of Architecture Florida A&M University, 1988 Bachelor of Science in Architectural Studies Florida A&M University, 1981 CERTlFICA nONS Florida Registered Architect 1 MEMBERSHIPS Member American Institute of Architects National Council of Architectural Registration Boards WORK June '99 - Present, Project Manager/Architect, Robert G. Currie EXPERIENCE Partnership, Inc. March '98 - June '99, Senior Construction Manager, O'Connor & Taylor, Inc., General Contractors. September '93 - March '98, Construction Manager/Architect, City of De1ray Beach. . March '83 - September '93 Currie Schneider Associates AlA, PA. Delray Beach, Florida. Associate, Project Manager. PAST BOARD BoYnton Beach Building Board of Adjustment and Appeals MEMBERSHIP Boynton Beach Planning and Zoning Board Boynton Beach Downtown Review Board Boynton Beach City CommissionerNice Mayor Boynton Beach Community Redevelopment Agency Palm Beach County Municipal League Treasure Coast Regional Planning Council Boynton Beach Planning and Development Board ~ IIIJ(D~~litV ;-.; CITY OF DELRAY BEACH rwt(~ , II J.. BOARD MEMBER APPLICATION vJ 1993 2001 information: 1. M.I.~, 2. S~tL- ~~i15 3. State Zip Code 4. City State Zip Code ~~1 Horx;a~ t>fZl~ 135At.H FL- ?~'15 5. Home Phone: Business Phone: Cell Phone: Fax: (,~1"'()I'~" "''19''1/12. tf'fl-Z~lfo i.{tfdf-2S,,1f 6. Are you a registered voter? ,~ c.+t 7. 8. List all City Boards on which you are currendy serving or have previously served: (please include dates) O~ C&t:-C- O~ 5'61.{ 2.. 12 Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach a brief resume) I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts con in this app'c'o cause forfeiture upon my part of any appointment I may receive. ---1 f 1'2. / iJLj DAlE I I Note: lbis application will remain on fde in the City Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. ~ NOV --4 2004 CITY CLERK _ l~..- > 4870 S. Classical Blvd Phone 561~37~136 DELRAY BEACH, FL. 33445 Fax 561~37-7902 E-mail: chuckh@delrayooLcom CHARLESG.HALBERG Accreditations Certified General Contractor State of Florida Active since 1986 -Objective To provide the community with a residential homebuilde{whose commitment is to quality and care Work Experience 1997- Present The Holiday Organization Westbury, NY VP of Construction (2003- present) Project Ma..ager (1997-2002) Projects include Colony at Boynton Beach- 159 single family homes, 'Colony at Delray Beach- 151 single family homes, Colony Club- Apartments- 214 rental including 3 story and town homes- Colony Preserve- 143 single family homes. *Oversee 17 person office staff including sales, construction and customer service *Establish and control budgets and payments to subcontractors and suppliers *Plans and permitting including site plan approval, amendments, water, sewer, paving and drainage and building permits * Assist in design of house plans *Value engineering of plans *Scheduling and quality control 1993-1997 Arvida Homes Boca Raton, FL Construction Manager As construction manager for this top 100 builder in their high-end and country club homes at Arvida's Weston coIIlIllunity, my responsibilities were: *Review and value engineer house plans *Scheduling of subcontractors and suppliers *Quality control * Assist in feasibility studies for new communities Projects included: Bay Pointe $ 220,000- $ 400,000 Jardin n $ 220,000- $ 280,000 Camellia Island $ 170,000- $ 220,000 1992-1993 Quality Construction Deemeld Beach, FL Project Manger As project manager for the rebuilding of custom waterway homes after hurricane Andrew, my responsibilities were: *Evaluate damages and assist in processing claims *Budget and contract for all work , ., Charles G. Halberg Page 2 (Cont.) *Coordination with building officials and engineers *Scheduling and quality control of all work performed *Work with homeowners and insurance companies to make sure all contractors and suppliers were paid Projects included: Intercostal homes in excess of$ 500,000 renovation 1990-1992 Southeast ArchitectuI'al Deny Beach, FL Partner I Qualifier As partner for this high end-renovation company my responsibilities were: *Bid out and contract all work *Permit processing for all work *Oversee all field work: *Quality control 1988-1990 Weath~ordl Walker West Bloomfield, MI Project Manager As project manager for this shopping center developer my responsibilities included: *Plan review and design *Permitting *Field supervision including scheduling and quality control *Buyout tenant finishes and coordinate subcontractors .Process draw requests 1976-1987 Holtzman & Silverman Plantation, FL Farmington Hills, MI Project Mangerl Qualifier As project manager for this 90 year old, top 100 builder my responsibilities included: *Site plan approval *Plan design and approvals *Permitting *Budgets and contracts . "Site-development *Field supervision inclqding scheduling and quality control Included work in Michigan, . Florida and Minnesota Projects included: Custom homes, pr-oduction homes, town homes, apartments, luxwy condos, 10 story hi-rise and nursing home Education Michigan State University Landscape Technology No degree acquired Stevenson High School Livonia, Michigan Graduated - -' ?p~/kr 1~;J-tJ5 p~Ut:\': BPOP! . ***** All-America c; CITY OF DELRAY BEACH '1111. BOARD MEMBER APPLICATION 1993 2001 . information: rz L 12-0 '0 M.L Ci State Zip Code hty/) CW1- (2ll-tO 11 FL '3 ~ If- ~If- 7. 8. 9. Educational qualifications: 11/ G-fI S?choo 10, List an)' related profc$$ional ccreS 'ons and licenscs Vl 'ch you hold: 7-/1 12. Describe experiences, skills or knowledge which qu2li!y you to serve on this board: (please atW:b a brief resume) Note: This application will rcm2in on file ~~or a period of 2 years from the date it was submincd. It will be the applicant', . ute ~t . c:urrcnt application is on file. 8Cm'a.DJt~noN ~' O!!13/!UU~ 1,:11 ~AA ~UU!(UU! RESUME FOR PEARL BUNNY MARKFIELD ELROD DlRECTOR RESEARCH DEPT:NATIONAL ENQUIRER NEWSPAPER (14 Yrs) REALTOR: COLDWELL BANKER REAL ESTATE (22 YRS) (multimillion dollar producer) PRESIDENT: MERRITT PARK HOill OWNER'S ASSOCIATION (4 yrs) BOARD MEl'tffiER PROGRESSIVE RESIDENTS OF DELRA Y (2 YEARS) MEMBER SVv/NW REDEVELOPMENT TASK FORCE (FROM INCEPTION) PRESIDENT BEAUTIFICATION COMMITTEE FOR TIIE NW/SW REDEVELOPMENT TASK FORCE) MEMBER DELRA Y LOOP a.CO-MANAGED TROLLEYS FOR OPENING DAY EVENT b.WORKED ON CLEAN-UP COMMITTEE DAY BEFORE OPENING - OF LOOlt>-PICKlNG UP GARBAGE IN SW JNW SECTIONS c. WORKED AT DELRA Y FRESH MARKET WEEK PRIOR TO LOOP OPENING DISTRIBUI1NG ANNOUNCEMENTS OF THE FOLLOW ING WEEKS OPENING CEREMONIES MEMBER FUND RAISING COMJ\1JTTEE FOR THE MlLAGRO CENTER I .') OJ 1 0" 0-+ 10:.:t:"ip _')prpm~ OfflC:P :"ifil.:t.:t07'.:t17 p.? OtlK" Y tstA.CH t .. - . ... .. - , ,~~~...~ 1- Cj-t:Jto , All-An'I':!riCa Chy , , II I! CITY OF DELRA. Y BEACH hll a (Ie ,'OL J ;4J.!I5 DOADn UI::MDI;;D ADDI IrATlnN 1993 2001 n. . - . . _ u _ _ __ _L. L........... _ L~ __ _ -. L La$[ N;tffiC: N:l.mc ". I. q office Jert.'tlly ~ . ::.::.a. 11......._ _.._...1.......~.._. r:_. ~. ...- ;~~~.~l'- J L837 Conooranc Road r>elr~y t;l?a ell FI. -' . . :>. 1__~...1 "_.:...1_....___ r.:~""I ...::.......-- 7:('- r'~.t~ .lC37 Co "J:rn.:> 1:".-:" I"\. C P-<>",d Do.1'Y~~" 110=......:." ];'I- 3.lIr'.J, - . - Zip Code 4. Pnncip;tl Bu:-ind" 1\Jdrcs~: City S [;1[(': 777 L AcLlnrlc Ave. :;1Jtc(', 400 Dc 1 r:lV Rl'.:t:-h J:'T 314P.3 5. Home Phone: Business Phone: E-;\'biJ I\ddrcss: Cell Phone: Eoc (561) 330-2713 (561) 270-1 fI/,l Of f i cc.l..@.Rcll<;ollth her: (5611 h 7fJ- 71 'If (c;r-, n .~ HI_'J'n b. Arc you :l. rcgi'irercd vore..? If suo where :lre }'()U rel--riscen:d? ~Y-_c_tj . 1)[-1 r:il.y. ll.-:"I/' II . ., Wh"T BOdr.-l(~) arc you int<:rc..lcd in SCI'.;n.L? PI,:.lSC li,.,[ in order of rrl;tcn:IIl:C: '. 1 ) l' lal1l:ti_lJ~l1) d /.oninp; -- - 2 LJ~o 3.r.d_J) f f:C1 n <,:; r r "' c..t:ion. _^p p c::L1-s_ '1) Ne.i.gbhorhood Advisory Council 0 U~r:111 Cicy BO_lrds on which Yl}lJ :1l'C clln-cndy :;cl"in).~ or h;l\'c pr<:\.'iouslr served: (PIC<lsc indu<l,: <t1le;;) .. Nonc-Curr~ntlv -" <). F.Juc:uion:ll qu:ulnc.-lCons: 1--11..D. l\-lT 0 f Florida. n s- M i ;'1nri IIn' vr~'''", , ry ~ II). I.isr :iny rdared pr()fc:-sio~~,l c~~(icMions :lI1d Iiccn:-.c, which }'llll hold: -- ... Ccrr:ilied Financial H:.m.a~c):' , Ch:'lct:~Led Re t j..-r:.I::l1lt-'n " PI .-)nn i n[ COlln<'!elO~.-S.."'''''L' 7 1-__ .5cri.C'-" 66, Sorice; 31, HC:ll ch __ln~t"I.'ncc, T.i fc InsuT:;1}]CC . V:lriahlc 1\11ll.u.1..CX-_ .--- 11. Give ~-vur prcsen(. or mosr n::ccnt emplo}'cr. and p~icion: M .---, 1 I 1:"J;l..~b.....~:iJ:L;;U:l.";" 1 A..:J,y; r.n....- D~y :R""-'>.~I~ . . .- ,.. - I:::!. Dc~cril><: cxperiences. skiUs vr knowl~J~,: which (lu,L1it)' you 1'0 ~crv,: un ..his hOd.fd: (Pk.-a~c ;\tt'ilch :1 hnct resume) SCe'. I~.("_~.\,t.m(' . -- - . - I hereby ccrti~\. rh;.t ..Il rhc :L1,.",c ~r:ucmcnL.. :Irc rruc.:. :Ind 1 .l~rce :and undcr:;l,md th"t .lny ml'i:-.r.lfcmcnr ot m.lIen:,] bel;; conruinc<!.--\n ~js ;~pplic.lcion mar cau..c [or[cilul'C upon my p...rc of .IH)' .'pp..jnrmcnt 1 m.IY rceciy<:. "," 1/ / /./-~J./.J(-_ ;7- ? - ~:?oo 9 ,:qr;'N- lJRV D1\TL: N.)lc: Thi~ :tpplic:ldon \.\0;11 rcm:lin on file: in lhe Cil~ Clerk's Office for.l period of2 ycars fn)m the dare ir W;l~ -;uhmittcd. It will he me applicant's rcspoo:;ibilicy [0 en~ure lhat a currenr applic::u:ion is on tile. '~'n.( IIl<<.K'IICI,\.j(11V\lO'"Ltt..:"'lk'''' HECEIVED JUL o 9 200~ CITY CLERK 12837 ConnorantRd _ Delray Beach, FL 33444 I Telephone: (561) 330-2713 g E-Mail: officej@bellsouth.net ~ Jeremy S. Office {',' "."",', ~",:::. ,I,';;' Developed strong management and sales skills while creating valuable networking and inter-personal "\;i; :';' J ;"",:;,:;;r;:,tf. relationships. Facilitated total-customer satisfaction by exhibiting versatility, dependability and a bottom-line ~~l. ;T"; t\j;} ;;~~!':'~'. mentality. Proven ability to adapt to new business situations and in a short time period, performance has , . ,. -'"!'" resulted in a path of consistently increasing responsibilities and promotions. . , .. , . , .' '" . ': ".~> Meum Lvnch & Companv~ Delrav Beach. Florida (Apl'll 2902 - Present) .~~ ~~~ ~ r~::) f.;7;~J ~~!~J;l Financial Advisor (Global Private Client Group) April 2002 - Present · Serve as the Financial Advisor to over 90 households · Strong proficiencies in the arenas of Retirement Planning, Liability Management and Managed Money · Provide complimentary financial planning services to the employees of the City ofDelray Beach Daleen Technolo2ies Inc.~ Boca Raton. Florida (December 1998 - December 2001) Partner Manager (Sales Division) April 2001 - December 2001 · Responsible for managing specific partners from pre-sales to the integration contracts ($50K-$IMM+). · Developed multiple new vertical markets for Daleen and their Partners to enter. · Conducted sales training around the country for multiple partners and supported their Sales centers. Lead Partner Services Manager (Partner Services Division) January 2000 - April 2001 · Team lead in managing budget, resources, contracts and statements of work. · Responsible for development of a team of three managers. · Responsible for rolling out new "Partner Maturity Model" and implementing the strategy. · Worked directly with the Director to create strategy, processes and documentation. · Major responsibilities were contract negotiation, contract analysis, preparing statements of work and coordinating resources to support our Integration Partners, · Responsible for over $500K of contributed revenue to our Professional Services and Training divisions. Business Analyst (professional Services Division) December 1998 - January 2000 · Lead a team of Technical and Development resources in the first successful South American Implementation of the RevChain (BillPlex) product. · Concurrently worked to further develop the Business Analyst Forum as the Professional Services organization tripled in size during this time. · First entry-level hire by Daleen Technologies. Part of a three member team that created the RevChain (BillPlex) "Package" which went on to serve as the competitive differentiator in the market space. - , ; "';. ,. .~....! :' i . t.::J ~~~ ,- · Excellent inter-personal skills well suited for developing and sustaining long term relationships · Well-developed planning, communication and documentation skills · Proficient in Excel, PowerPoint, Project, Outlook, Access, Word, and Photoshop. >. " Masters of Business Administration (MBA) ~ _' b 1 " I~ ..--;t';.. I." :.;;':;' . University of Florida; Gainesville, Florida; November 2002 Bachelor of Business Administration: Finance (BA) Minors: MIS and Pre-Law. · Miami University; Oxford, Ohio; June 1998. I Designations: · Certified Financial Manager (CFM) · Chartered Retirement Planning Counselor (CRPC) · Certified Financial Planner (CFP) - currently taking courses · Series 7, Series 66, Series 31, Life, Health and Variable Annuity Licenses nHy-~r-~~~~ ~~;~~ ~I.I f"...Hl"CeNI"CU::ot:.NDL-HI I ~__~7"""'::':i"~""";7 r.~.L CITY oLERlC _._~- 01/07.'1-' WED 11:15 FAX 881 143 ST74 / KA~e;JJ 4\ 1\~ """V 'W~ ~ ~ CITY OF DELRAY .BCH aOARD M8MB&R APPLICATION Nor u) -./--Lt ,l n m~ (!) . Lit4-1-;!-s t. ame NOR K 1- 2. City lJ.tj(l (3f2 State~1 ~3~ 3. Sfhr1<., Ckr Stste Zip Code .. Principal BUliftetll Addrcn: City State 'p Code Buaifteel Phon.e: E- s: Cdl PhQt)C: Fax: 1f 10, ....Mr~ 8ft YOlJ rccifllCr 7. " ~ t'tJ7?2 10. List any relared professional cenUkatiocu Uld UeeAsc' wNel1 you 01. .lxwc .CIlCUDcnu an: CNCl,. ~ J ~ lID ~ dIM MY t 0 mar.edAllatu may ea aIN llpollrny pat or fID1 appaIaanalt I ~ay ~c. O~ ~tf 63 DATa Note: Thi, application will remain an iiL: in <<h. Ci~ am', officc for a pc:dod of 2 yurs m the due it -.as lubmitted. It 'WIll be che .pplicMt'. retpoftIlbOky to CftNft char I eqm:ftt ..ppUcadOD Is Oft &e. Krn'~ flit ~ "Ii ;-\ECEIVED /IY) ~ MAY n 7 2003 CITY CLERK ; . -, 't - ..... j ! a -] c..j,.,.-~ ~ ':':'.rs..";, \,~:~:,' . _.. .._:"~ '. v ~ Ii:~..."-' # ~..~~<:. -:";~ - -.;. -'J -1> t,) , 'i ~,.tf :C: -J 1-'" , "'< 'l'.;., .- < . - .z!l - <. .. A '~. - ~ -''''''- ,- '"," >'" ,...~'... =,:~'''!!l': '~""'"~"'!'_:""' :.' -,. ,-:,,' :::;;~ : ' ,""'- I ~ ."..A 61. if . .Q,.-:"Q ~ ,f".I .. .,,, '--'. ~~"" '.# :-tiiJ : . liA'''' -. ..~' . .~ iIiJ.-.. _ . '.. -.- ~ ~~~ ~: . ;<- .....'.u -' .\00, = - '...,. .~ - 'a:,. 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'. fOl-~~~~'~ ~ P-:>o~~ TN- ~ (j V~~ F~ ~ ~ ~t~~(Jf) ~--- . ~ "- ~' TlL~ ~J OU 75'0 ~. , l RECEIVED JUl 24 2003 , CITY CLERK DELRAY BEACH Ilf:l(}~ . . .. 0 . . . A tOH,-/undj ~a/I{J,j. D*.d ~City CITY OF DELRA Y BEACH " III! BOARD MEMBER APPLICATIONRECEIVED 1993 NOV 1 2 2004 2001 ERK 1. M.I_ ( 2. City Zip Code D~ 3. Legal Residence: City O-\)J~'r-a- 4. Principal Business Address: City State Zip Code ~"'Nl- 5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax: If so, where are you registered? f' -L lease.hst 1fi order of reference: .-? \2J 8. List all City Boards on . ch you are currendy servmg or h ~ 9. V 10. List any related professional certifications and licenses which you hold: " '-Y.I I hereby certify at all the above tements are true, and I agree and understand t y ffi1 tate '~ in tlili .'ppli::n m,y """ fmfd"", upon my P'" nf my ,ppointment T m,y reccive t\\\~~~ \ .\~\~~ill \ \ \ Cl\\ l) ~ SIGNATURE DATE Note: 'Ibis application will remain on me in the City Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on me. s\cITYCLERKIBOARDIAPPUCA TlON , PATRICIA T. WESTALL 1102 Seaspray Avenue Delray Beach, FL 33483 561.243,7959 Patricia _ W estall@hotmai1.com --------------------------------------------------------------------------------------------------------- SUMMARY A high energy healthcare professional with over twenty years of experience in client services, specializing in clinical consulting, marketing, sales, strategic planning and administration. Excellent problem solving abilities and group process skills. Can work with professionals and groups at any level. SKILLS CLIENT SERVICES Managed hospital accounts at executive level as point of contact, from initial delivery/installation through complete product/service delivery with consistently high customer satisfaction ratings. STRATEGIC PLANNING Directed hospital strategic planning process. Served as planning consultant to clients for defining goals and objectives, negotiating vendor contracts and refining market share strategy. MARKETING Directed marketing activities for clinical outcomes management firm and was VP of Marketing for large urban hospital. COMMUNICATION Strong presentation skills refined through managing a variety of sales presentation models to large and small groups, including physicians and hospital boards. SALES Successfully sold multi year contracts for clinical/ financial outcomes products and services to hospitals and health systems, EXPERIENCE June 2000- Consultant and Independent Contractor, Atlanta Georgia and Delray September 2002 Beach, Florida Hospital and Physician Practice Managed Care Contracting GE Medical Systems Healthcare Solutions, Atlanta Georgia March 1998- Regional Director/Senior Manager, Client Services June 2000 Responsible for account management for clients in multiple states as well account renewals and additional product and consulting sales. September 1990- IAMETER, Inc., Atlanta, Georgia February 1998 Senior Manager Presented, sold and delivered clinical outcomes products Iservices to administration and medical staff. Directed marketing activities and training of new sales, marketing and account management personnel. Participated in planning sessions as well as development of new consulting practice areas. July 1983- GEORGIA BAPTIST MEDICAL CENTER - Atlanta Georgia April 1990 Vice President, Planning and Marketing Directed planing and marketing functions for this 500 bed non-university teaching facility and its affiliated organizations. Coordinated strategic planning process. Directed development of data support systems. Managed public, community and guest relations. Coordinated all physician support activities. Supervised staff in six supporting departments. June 1982 - EGLESTON CHILDREN'S HOSPITAL AT EMORY UNIVERSITY July 1983 Atlanta Georgia Strategic Planning Analyst Coordinated statistical support for facility strategic plan. Served as liaison between hospital board, administration and long-range planning strategy consultants. EDUCATION 1990 M,P,H. - Health Administration Emory University - Atlanta Georgia 1979 B.B.A. - Health Administration Georgia State University - Atlanta Georgia SELECTED PROFESSIONALNOLUNTEER ACTIVITIES . Society for Healthcare Strategy and Market Development of AHA . Georgia Society for Healthcare Planning and Marketing, Past President . Women Healthcare Executives, Founding Member . Georgia Nurses Foundation, Inc. Board Member 1994-1996 . GSHPM, Annual Meeting, 1993, Faculty . NARDO, Southeastern Regional Meeting, 1994, Measurine: Provider Performance. Presenter . Quality Review Coordinators of SW Ohio, 1994, Makine: Sense of Data. Presenter .,- . South Carolina Health Information Management Association Annual meeting, 1995, Presenter . International Communications for Management, Direct Contractine'96. The Future of Manaeed Care. 1996, Presenter . International Quality and Productivity Center, Best Practices in Direct Contractine. 1996, Workshop leader . Community Service Award, Women Healthcare Executives, 2000 . Cedar Hill Enrichment Center, Board Member, 1999-2002 . Metro State Prison for Women, Atlanta, Volunteer, 1997-2002 . Palm Beach Literacy Coalition, Reading Tutor, 2003 - present . Delray Beach Residents Academy, Graduate, May 2004 . Beach Property Owners Association, Design Guidelines Task Force, 2003 -2004 1102 Seaspray Avenue Delray Beach, FL 33483 November 9, 2004 Venice Cobb Executive AssistantIBoard Liaison City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Dear Venice: As you suggested in your e-mail of November 5th I have completed a new Board member application and highlighted those areas where I think I would qualify for the Neighborhood Advisory Council. Please note that I have yellow highlighted the sections of my CV that focus on community involvement and leadership. While I would certainly be willing to serve on the Construction Appeals council I think it is pretty clear that my strengths and experience are much more in line with Neighborhood Advisory. Thank you for your input. Should I plan to be at the meeting when this is presented? Cordially, __, _ - ?~\iJ,~ Patsy Westall MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER tJ7V1 SUBJECT: AGENDA ITEM # q\\- REGULAR MEETING OF DECEMBER 6.2004 APPOINTMENT TO THE NEIGHBORHOOD ADVISORY COUNCIL DATE: DECEMBER 3, 2004 The terms for Frances Chassen, Robert Gillespie, Karen Lustgarten, Caroline Cassidy, Rita Ellis, Allison Mattocks and Aaron Ussery expired on October 31, 2004. Ms. Chassen was appointed on February 17, 2004 to fill an unexpired term, is eligible for reappointment and would like to be reconsidered. Mr. Gillespie, Ms. Lustgarten, Ms. Ellis, Allison Mattocks and Ms. Cassidy were appointed on November 4, 2003, are eligible and would like to be considered for reappointment. Aaron Ussery would not like to be considered for reappointment creating a vacancy for a student. On September 9, 2003, Ordinance 27-03 establishing the Neighborhood Advisory Council for the purpose of maintaining broad-based community involvement with the residents, creating neighborhood outreach initiatives, enhancing communication, improving the aesthetics of the neighborhoods and identifying any potential threats to the stability of the neighborhoods was passed and adopted. The Neighborhood Advisory Council consists of fifteen (15) members and two (2) student members. Twelve (12) members are residents with two (2) residents selected from each of the six neighborhood zones, and three (3) at large representatives, who may be selected from a community civic organization or business owner located within a neighborhood zone interested in the enhancement of its surrounding neighborhoods. The following individuals have submitted applications for consideration: (Applicants are listed by zones; however, the applications are in alphabetical order.) (See Exhibit "A" attached.) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was done and all are registered with the exception of Todd Harvey, Aaron Larken, Allison Mattocks, and Donald Paul. Aaron Larken, Allison Mattocks, and Donald Paul are not registered voters due to the fact that they are students. Based on the rotation system, the appointments will be made by Commissioner Costin (Seat #1), Commissioner Archer (Seat #2), Commissioner Levinson (Seat #3), Commissioner McCarthy (Seat #4), Mayor Perlman (Seat #5), Commissioner Costin (Seat #1) and Commissioner Archer (Seat #2). Recommend appointment of five (5) regular members and two (2) student members to the Neighborhood Advisory Council for a two year term ending October 31, 2006. 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C. <( -< -< -< -< <( <( <( -< -< -< <( -< -< Co Co Co Co -< -< -< -< ,. "Cl .. ~ .... <IJ .... . Q U = = ~ e Q - ~ ~ ~ ... ~ .. .... = = ~ <IJ = Cl. ... CJ ~ = .. ~ = ~ Q <IJ ~ Q Q .. > ,. - .. . <IJ ~ l: CJ ~ ... . ... .. - ~ Q Q -= ,Q ... ... - .... ~ ~ . ... ~ ... ... U N Q ~ ~ E5 >. <IJ . I: .... .... <IJ ~ = . = <IJ ~ N . = ~ .... CZl CZl <IJ U <IJ ... Q .. . ti ~ ....l ~ 0 ;;l I: u:l U - ~ >. <IJ ... ~ = - ... ~ t: = e ~ Q - ~ = ....l ~ = ~ = CJ >. ~ I: Q - "Cl ..c= ,. = ~ "Cl ~ . ~ > ... Q ,:.ll ~ . ,Q <IJ - ... . ~ .... ... . ,. ~ <IJ ... .. .. ~ ... ... Q ... .. > .... ~ ... Q = . - = ... = -= = -= ~ ii! - ~ Z -< u ~ ~ ~ Cl:: CZl ~ -< I-' ..., = U -< 00 ~":B~ / eac.h<e r ~~ CITY OF DELRA Y BEACH ~( '}/rIOS 'IIII! BOARD MEMBER APPLICATION f Zone. 1993 2001 DAevyCJta6~ information: Name .-l e.S M.II} B~~ ~eet6 Zip Code City 4, City State Zip Code Business Phone; E-Mail Address: Cell Phone: Fax: /)78.0 tfO ~r- e.J1 e. 6. Are you a registered voter? e~- \ If so, :de ~~ouf,;ttered? 0-\ tn 'UJ 1 e. 7. What Board(s) are you interested in serving? Please list in 0 der of preference: 8. List all City Boards on which you are currently serving or have previously served: (Please include dates) NO,...€' 9. Education21 qualifications: U . - l'1 5 I\J~. i Co, 11. Give your present, or most recent employer, and position: ~()...C.., I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts contained in this application may cause ~ upon my part of any appointment I may receive. . 1W. ~f Iq :laD:3 1 DATE Note; This application will rem' on file in the City Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file, RECEIVED S\ClTYCLERKIBOARD\APPUCATlON SEP' 2- 2 Z003 _....'1 _. ~oV _T-02-2003 01:45 PM L.Carlee 5612721866 P.04 i /~-~ -()J I j . ~J().CcJc,r ftfti I I I CITY OF DELRAY BEACH I. '1111. . . BOARD ",eMBER'APPLI~ATION.20ne... i I I 1"3 I ' . Z41/Q e ve(lc!or 2001 I . t. 4. City State Zip Code Cell Phone: Fax: - 7. 9. ~C&ciooaJ qu.alltica oon.: 10. u. e eot., or m l[ recent employer. and po.icon: 12 or knowJ~ which qwalify you to tc:!'\'c OD dW board: (pJc:ue aa:acb a bde resume) e ftatemctltJ aft true. an 1 ~ eel UDdc:m:and t taly aualUl~t 0 aateCal y cau.e f'orfdturl: upon my put of aD}' appolaa:DCDt I may ~e.. -- / tJ/cJ-/fl 01J3 DATE / Note: This application will sin on file in the City aerk.S~CCtor2 ycan om the date it wu .ubmJtted. It will be e applicatlt9. responaibiliry to application it on file. 1CII'l~1DC OCT -:2 '003 CITY .CLERK I :T-02-2003 01: 44 PM L_Carlee 5612721866 P.02 ; ; < I Ms. ~~. Carl<< 734 South e Avenue. Delray Beach. FL 33483 (561:) 77Z- I I , The NeSghbtoocl Advtaory CoUDC1l thaw Itved In e. North Fedend Htghway CoITtdor since 1978. I would! be pt1v:Ueged to assist in any future planntng. I 1 Education ~ Nova (1ntverst Davie. Florida ~ Certmcatlon: ' mJnl8lratlon/Supervll9{on 1987 I Coo<gla Sou~ College StAtesti6ri:>. 6fg18. Masters in Ed cation. major: Speclflc Learning Dlsab1l1t1ee. Grades 1-12 1971-1974 I ! Un1ven1ty of tCInnaU C1ncinnati. a to " Bachelor of Sc nee, major: Elementary MucaUon 1968-1970 I Un1verslty orJmpa Thmpo.. Florld~ ~or: Elcme tJuy Education. minor: Ht~tOIY 1966-1968 I , . I I I EXPertenc* Landlord of Residential PrQperties Present I I n.. School ~lrtct ofi'alm Beach County Palm Beach unty. Flortda Last Posftion DI9trlcl _* -re-her lOr the l'byoIcaIIy Impalred Program of the School Distrlct of Palm Beach County August 1977 -J 0 2001- i I ! i I I I . I ! I i I i 5612721866 P.03 CT-02-2003 01:44 PM L.Co.rlee Ms. Lane T~ Carl~. page 2 I '1UckerH1gb DeKa1b Sch Decatur. Teacher of v. g ExcepUonalJt1es class AugU&t 1975 August 1977 I . Jacob G. Sml h School \ Chatham Sch I Dtstrtct , Savannah. rgta Teacher Cor M t1-Hand1~p~ cla$s. Addttlonal Cla~s August 1971 - August 1975 i I Cert1fleaUo jCurrent Membcrah1pa State of Flor1d . July. 2oo2-July. 2007 Ear~ Child Ed tton. B1rth - 3 Elementary catton. 1 - IS I Spec:Jftc Le Disabilities. K - 12 Mmfn1$tratlo and Supervision English as a nd Language i Counen for J..e4m1ng Dlsab01t1es I 1 , FACE-F1ortda As8OCtatlon for Computers In Education , I I Coundl for EXfPttOnal Student Education Dtv1stons Ph)'Blcal and ~th D""'bW.t1e. Technology an Media Development RESNA I I Rehabilltatto~eerlng and Asststive Toohnology Society of No America i Doberman Re~ue Concern. Inc. ! Mounts Botan1~ Gardens I I ! i ! 1 I 1 I I I I ! i ! i \ I i ! I I . I I . ! /0 --Lf~ OB.RAY BEACH /Jdm;rJ ~t?a/;nctJ. ."O".OA ...... AI IlInn1caCltr CITY OF DELRAY BEACH "II J! BOARD MEMBER APPLICATION 1993 2LJ/J€ 2001 Please or tint the followi information: .5 1. Last Nl!-ffie: Name L Cassid Cor P. 2. Home Address: City State Zip Code 424 Palm Trail ;-JDelra Beach FL 33483 3. Legal Residence: City State Zip Code Sa El!l.P- 4. Principal Business Address: City State Zip Code 5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax: 278-0150 266-6760 2 6. Are you a registered voter? 7. What Boatd(s) are you interested in serving? Please list in order of preference: 8. Ust all City Boards on which you ~re currendy serving or have previously served: (please include dates) , 9. Educational qualifications: 10. List any related professional certifications and licenses which you hold: NA - 11. Give your present, or most recent employer, and position: Smith Barn 1 la . . I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts contained in this ap lication may ca'!5e forfeiture upon my part of any appointment I may receive. (2)~ lO :}.~ DATE ! Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibili~\i€&nt application is on file. S'CITYClElUt\BOARDIAI'PLICATION //1 IIY) OCT 7..: 9 --ZOO 3 ~'TY CLERK Cory Cassidy 414 Palm Trail Delray Beach, Florida 33483 Telephone: (561) 178-0150 PERSONAL RESUME . Place of Birth: Grand Rapids, Michigan . Education: College of Hawaii Pacific . From 1974 to present date, my family and I have lived in our home on Palm Trail. . My two children attended St Vincent Ferrer School and then attended Pope John Paul High School (Boca Raton), . Member ofSt Vincent Ferrer School Board for 4 years. . Involved with Pope John Paul Parent's Advisory Group and fund raising projects from 1992 through 200 1. . For the past 10 years, I have been the Chairperson of St Vincent Ferrer's 3 day carnival/festival that is held in conjunction with the St. Patrick's Day holiday. . Owned and operated Doc's Soft Serve Restaurant . 1983 through 2002, coached Delray Beach Recreation League Tee-ball and Soccer teams. . Active volunteer for 10 years with the Delray Beach Caring Kitchen .and Food for Family's at Spencer Pompey Park. . In 1994 was one of the founding members of the Palm Trail Homeowner's Association. \ 9-/8-c?:J - ~R,:'':I~P! " CITY OF DELRAY BEACH BOARD MEMBER APPLICATION 1993 001 2- City I 3. Legal Residence: City ~,/frYl C .c. Principal Business Address: City State Zip Code - 5. Home Phone: Business Phone: E-Mail Address: Cell Phone: - - Fax: hr- fSl70 $(~Lflft;-b~~ Are you . registered voter? es 9 \ \ , 7. COJtUCiL-- - . . - 8. List aU at)" Boards on which you are currently aerving or have previously laVed: (please indudc dates) \ . - ! ---- 9. EclucaaonaJ qualifications: (D 1- CE'G E ~ 10. List any mated professional certifications and licenses lees .2i tJl brRE ~E>~..s - See t t. Give your present, or most recent employer, and position: 12. Describe expcdences, W11s or bowledge which qualify you 10 Ia'VC 011 this board: (P1cue auacb . hOc! resume) hill V"7/Y co F;9 L- J hctcby cerr:ify that aU the above ltatcmmtl 1ft uue. and J agree and und~ that any misltl~l"1Jt of ml~!tl faas ~?z::fot{a_upoamypu1of"'*I~ SlG roRE DATE I Note: This application.m remain on 6le in the City a:tt~~~ oC 2 yean from the date it was lubmitted. It will be the applicant's responsibility me t. current application is on file. 1 2 2003 .. ~11ON SEP . / CITY CLERK 9~~ D8.RAY HEAot -:5cJe6 /J18r fl...... ,.. CITY OF DELRAY BEACH , III I! BOARD MEMBER APPLICATION 24/Je I 1993 2001 ~a (ltt )nq11t10 information: M'l? 2 Home Address: ,A;;lh( Zip Code :l./'o ()<!. 3~ 3. Legal Residence: Zip Code Sa III e, S~~ ~8,/1(.e- 4. Principal Business Address: State Zip Code Mil /YIlt /j) fl' Home Phone: Business Phone: E-Mail Address: Cell Phone: FN'h' J)/fI Nfl I 7. \8. --/./s f s;: )} ~ €hlk" 9. >- Sd-)d~,)/ 4r.K1 ~I- /t!e;C ~ 4- kl DfR~6jos \ Note: This application will remain on file in the City Oerk's Office for a ~~ears &000 the date it was submitted. It will be the applicanfs responsibility to ensure ali -Qon is on file. :N::ITYClEIlK'BOAlW\APPUCA.TION SEP' 2- 3 2003 "'TV '" ~OV 18/81/2883 16:56 5613382646 , PAGE ~~ A7JeV77~' KMZ€,.j ~ /o-/-c?.::J ryZ ~>;"!"f'l' m~ .:>v3 . 3 77'/ fJ1S{!f;~J fa: f\ + ~ cQ ;?~~6.J I ;liTJ.1f 1~lfI CITY OF DELRA Y BEACH C!l BOARD MEMBER APPLICATION_ - n /1 1993 Zo. e / 2001 / __ I j O~elUJ If? Lskle'.$ t. 2. SF[L- f~ ~3 3. SW:c Zip Code 4. Pc.incipal Business Addn::<~: City Srace Zip Code 5. Home Phone: Bu:<incss Phone: E-Mail.Address: CeU Phone: Fax: ~, . ~7~ 13 J. 70J-- 7-o~ ~1,I' 330-U 6. If so, whne are you regi5tered? ~'- 7_ What Board{$) are )-OU inren:sH:d In ~n-illg? Plc(ls~ lisr in order of preferenc~' iJl 8. Lisr aU City Boud$ 00 ....-hich ~-ou are cun:t:ut!l' ~<:J:\'jng or have pre,;o\1slr 5~-e:d: (Please include d~rcs) A 9. 11, Gil,-e your present. or mo5t recent employer, and position: ('1tM:14JEU.- V~G .. CG 0 T8.c,Q'M LObl)C Ii'lL - ~#-M1Ilft\NJ , T.w.,. 12 Desd:ibe apenences. skill;;: or knowledge: ",-hieh qualify you to !'cJ:Vc OQ this board: (Plc:<ISC <<<a:ilch a brief [~ume) V. ~<<1. cZ , :<tacemen/:5 are IDle, aud I agr<::c ;iod \I11dentaud that ;inr mis,(are.ment of rn..[eoal facrs ~. <:illl~C' fOJ:feirore upon my p<<<rr of any appointment I may ucei...-e. L ~.L~,O~ D~-\TE NOle: 1lU.s application will remain on file io the City Clerk's Gftlce for a period of 2 years from [he; date it was I submitted. It ~ill be rht: :Ipplicant's responsibility to ensure [hac a <;:urrenr app~carion is 00 file. R E eEl V E D $'("~I8O""l>''''''llC^TIOl< OC1 .>1 2003 CITY CLERK ------ - -- PAGE 62 16161nelB 16:56 5613302646 ~._-_. City of Delrav Beach Advbon' Board MeQlb~r ADDUcatiOD Rkb.rd Edick 12. I have over 25 years of management experience as a management consultant. Fortune 500 execUtive, entrepreneur, and private investor. I am a current board member of two Delray-based not for profits: Aid to Victims of Domestic Abuse (A VDA) and Save Our Seacoast (SOS). A VDA' s mission is to assist and shelter victims of domestic abuse, provide counseling, and conduct prevention programs. 50S represents AlA residents and other barrier isl8l\d residents in Delray and other adjacent communities who share its mission of preservation, beautification, and safety of the beaches, the scenic A 1 A roadway. and the character, look and feel of the south Florida seacoast. I have also set"ed on several not for profit boards, including being a fonner Vice President and President of California's largest chapter of the American Cancer Society, and Lifepath, Inc., Pennsylvania's largest provider of programs for the mentally retarded. I - OfiJ'08/03 THU 13:21 FAX ~61 243 3774 CITY CLERK IjgOO2 ~~-3 --3'l1Lf A- 1\l0 '. -'t( ~ R. t,....) S6q-(}~ P\l't'': 1~C11 P~:J ;;,b,il. ~ CITY Of DELRAY BEACH !/ir Cone!: 'dJ1<f?r BOARD MEMBER APPLICATION 6t?rt/ic..e ~ 1~~ Delray ]~/~ 001 Lj M.W 2. ~3~ 3. Zip Code 4. ~dplll Busincn Mdrus: _ City State: Zip Code c.. \ .l"r"\ 'flf\ ~ CL> T <> \ &...."".... ~ c. e:~, :toN c....... '- <\ 0() "<'r\ <=- tJ ~ FI 33lfLf'-j 5. Home Phone: BusU\eu Phone: ~. 6lDI .C1'J 8'. Jloi ''/- 36"'0 l 6. Sl. .pf'~s..j ~fJ+ 11. Dacabe eap.eDcncca, AiI1f or mow! which ~ty fOLl fA) JCtY. 00 1h;, wuc:l' (PJUIC: .Clam . brief" tC8UlnC) ft I lIeft!by ~rdt)' th.t all the abOY'e .tat~merrtlllI1'C CNC. and I qrcc and. undcltand mar any mlll.ement or IDllfCtW llCee in tN, application ~y cause lod'dturc upon my pan of my appoinan<<lClc I may recdve. \y\ A~ q SdC'?> J DATE. Note: IN, application will n:mdn on me in che Oty Clerk", Office (or a pmod of 2 yc:ar.hom we ate It W~8 aubmittcd. It will be the appU,e.nt'6 X'espon&ibi1ity to ~U1'e: that _ curtent application i. on file. 1'CD'Y~~TlO" , RECeiVED ; HAY 0 9 2003 , CITY CLERK ... --. . --- - . ---- --.......... .-- -. .......-- .... ----- ----- - -- . .......... . ~,; ~ . _-" '., . '''\--'f' "'i:.:/ ")11 Deerfield Beach .............__.......954-426-2081 CLIMATE CONTROL Oelray Beach ..........................561.278-7125 West Palm Beach.................h.561-848-3774 Sluart ..........___ _......................__561-223-8583 SERVICES Fax for Sales ..........................561-274-3501 Fax: for SelVlce ..............,__...1-800-791-5647 '--.-~~~ CORPORATE HEADQUARTERS II ... Jlwart{ <Winning Service ,to: * 1900 McNab Avenue '~:,II~/:' ,:~/, ~I Delray Beach. FL 33444-1598 Rita W. Ellis PERSONAL Rita W. Ellis Married.: Dean Ellis 32 years 2 daughters 24 and 27 President of Climate Control Services/ Inc. (Celebrating our 30th year in business in 2003) PROFESSIONAL ; Oimate Control Services, Inc. 1993 - Present Staying Power - A substarltiafed history as an established business. Climate Control Services is family owned and operated,. established by Dean and Rita Ellis in 1973. Rita managed operations unti11997/ when she beu,me Pre6ident. Climate Control Services i8 Palm Beach County's most reliable source for air conditioning replacemen16/ indoor air quality services, service conlJ'acts, major appliance services, and plumbing services. Contributions to Aid Community Oriented Projects Greater Delray Beach Chamber of Commerce 1. Business Person of the Year - 2000 2. Ken Ellingsworth Community Service Award recipient - 2001 3. Ambassador Rising Star Award -1999 4. Board of Directors - 1997 - Present 5. Executive Board - 2000 - Present 6. Local Government Affairs Chairman 1999 - present 7. Board of Directors for DELP AC 8. Gra.duate Leadership Delray I "FPL'S'1 AWARD WINNING DEALER" lAd OM Ii * ... J: I ....I. .. ~I' I . ,',' 11' . ~, ..., ,:!l. 1 i'r.' ~ 1 ~ N.aDC'lL * ..... I . ~ !! 111"1 I i '," ~. d I:l ,I I' AIt *1;' 00 ,I' ,t,' I I, . i 1.:';11:1-- '!f!Jt!tM~"ii'j~a Quality ..-a-.'_ *. '_~ \'.1:1(... 1 . : I'/I/,! ~. ..- -- - City of Delray Beach 1. Downtown Development Authority Board Member 1998 - Present V ice Chairman 1999 Olairrnan 2000 - Present 2. Visions 2010 Fadlitator 3. Joint Venture Board Member 2000 - Present 4. Charter Revision Committee 1997 5. Campaign Manager for the successful election of 3 current city commissioners 1999 - 2002 . , / , I -- .. . -- -- - 1 ~ 7 -OJ DfLRAY BEACH ........ lit........ ;1Ane1llcaIC; CITY OF DELRAY BEACH ~ ~ BOARD MEMBER APPLICATION 0.. 1993 :Rol(\be(\{\~ l.JCL'/ 2001 I . . fi . . -7 -n~ / Ul Om12t1on: L-O ~ ~ M~ t:P:oeR. c;'/2 C??:::-/.J WARD -..J · 2. HJ:YI1c;-Address: A I / f I) /J / F /J -z:;' _ .I / ~ RP. Code 1 0-<. roo / v . U/.J -0<. .., /1 Ll e- IJ C::;I/-c.fl' r-t-. 33 3. Le~ Residence: . /I 0 ./ State Zip Code la~ CJ AI ttJ. c2 /f 1/ e D t:::J1Ch H:- ~:3 ~ 4. Principal Business Address: State Zip Code ~ , .---....--- ~ 5. Home Phone: Business Phone: E-M2il Address: Cell Phone: Fax: c5b/ J2b1-333 - ~ --' 6. 7. ( 10, List an)' related professional certifications 2nd licenses which you hold: -- ployer. 2nJlpositio~ Ct:f:; O?-/tI tement$ are true, and I tgree and undemand that any missta~mt 0 matetia1 factS use (o,fd= upon my port 0("'7 appoinunem?7~~ DATE Note: This application will remain on file in the City Oerk.s Office for a period of2 years from the date it was submitted. It will be the applicant.s JeSpOnsibility to ensure that a cwrent application is on file. .-cnv~T1OH -------- 9-~3-05 OEUtAV BEACH Se0elr-i '0 ~ /1€ r . .. .. 4: . . .. edl 0 ' b.IlIrd Mil I~ CITY OF DELRA Y BEACH " II I! BOARD MEMBER APPLICATION Z:,ne 3 1993 2001 ;4hJocJ-erfJ3 Please tvt>e or print the foUowinR wormatton: L LastName: HELD5 Name d#/ A2-.t:.. M.L ~ 2. f7my~ess: - d~ !U City .27~L.ceA y S~L- Zip Code ~:5: ~~ ~ ~T 33f!G~.r 3. 1.eg.d Residence: City State Zip Code -:5-/7Ub' ~ ~ -- 4. Principal Business Address: City State Zip Code - - - -- 5, Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax: 5t./~ 33 -i;U, / S/l~~~~ ~/- .?"9~ -c./s-2 SZ/-~ !J~~/~ -~~ 6. Are you a registered voter? Ye3 If so, where are you registered? 7. What Board(s) are you interested in serving? Please list in order of preference: A//;/~H/'S~~!? '4-l/~~..tJ;z...,/ ~Gl./V6!'L . 8. list all City Boards on which you are currently serving or have previously served: (please include dates) I 9. Educational qualifications: /J-. A'J?:2J75 bG"'"'~~- ~A.I ~SC~f::h:'.c..,u, V'~ //-?,?/~ 10. list any related professional certifications and licenses which you hold: 11. Give yow: present, or most recent employer, and position: STfTL,P ~..?L..P--y'~ - ~~ >>~~ 12. Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach a brief resume) p~~?c'PA/~ /772-rr~r , /l4 LLs~ 2>4:) c..tfTA../fT A:-?/.7;>u y V G""~-S . e>P ~P--/;ry- / A../ ,P r.r9 .;r"o~ r-~C'~ y ,q-v::::?7V''- tr7b~ ...t/~S';o~ .; / I:'b r 77...v G: , ;p~ ~A?::H ~~rv ~/.-<J ?a~cP~ I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material nets 7 ~ Ibis '!lPIi<ation.""'y =me fund""" npon my pan of any ___""' I ~ uV L,-~~ ~/~8" /' ~ - -....- 0 - ~IGNATIJRE- DATE / j 'Note: This application will remain on file in the City Clerk's o~~~ears from the clate it was -' . submitted. It will be the applicant's responsibility to ensure t a <:1Jn n .cation is on file. S'ClIYCLElU(\8()ARlMPPUCA.1lON SEP 1- ,3 2003 ,~ r' CITY ~I I=RI<' A.-I.~~~ " . - 9 rJ(p -tJQ ~~~ ,,<9<' CtIjJ~)J4 - #4 -- 'III~ CITY OF DELRAY BEACH 1 BOARD MEMBER APPLICATiON Z,1l..e / : 1993 CIv-t!tf/Q/f\e.. .' 2001 . information: 1. Name N.L A- \ , ~e.. -\\. 2- City State ~ Code \)e.J. -.ro-: "Beac."-. :::Ho... . '33~S- 3- City State Zip Code ~ - - . .t. aq State Zip Code - 5. Home Phone: Business Phone: E-Mail~IS: CdI Phone: Fax: 4 ~ 'is-I \ '-\0 j" C\'C'\ '2:>"\-@cd+.~ti '1'\ 5'-b d...O 7 lJ,\g-o'O"'T'2> 6. Are you . registered voter? 'les Hso. where me you regi~ ('O--~ \3e.~ 7. What Board(s) ~ you inwested in ~ P1casc JUdn Older ofprefermce: - 10 €.1. '~~~<Sl)cl ~~~\$e~~ ~~~..\~'-- , : 8. lJst aU Citr Boards on which you an: currently serving or have praiousJy Iel'Yfld: (please ind\ldc data) S bl "c\ - \ 9. Educational qualifications: licenses which you ho1~ ~~ 12. Desca'be Gpl'rienrn.1IdDs or bowIcd&e which qaaJiCyJOU to tcn'C on this baud: (PJeue 8l1ICb. bdcC mume) 'J.."'-d.. 1 hereby ccrdly that all the abaft _~mmu IlC true. lad J ~ ad aadcmaad that I1Jf ad~t of m.-i.l &as coatained in this application may cause lorfcimn: upoo my pan of ItIJ app. C,,"ent I may rec:c:ift. ~ f\.;J~~ ~t2la/O-3 SJGNA1URE DAlE Note: This application wiD remain on fi1e Jt1 the City Cc:dcta Office for. period of 2 ycanlrom the date it was : submitted It will be the appIican~, mponaibaity to ensure 1hat a amatt appJic:ation is otl file. , 'RECEIVED ~ SEP 2 6 2003 I',"1"V ~I ERK , } Resume' Alice Finst 707 Place Tavant Delray Beach, 33445 Application for Neighborhood Advisory Council #12 Describe experiences skills or knowledge which qualify you to serve on this board. Listed below are some of my civic experiences since moving to Delray Beach in 1971. Please note that dates are opproximate and may extend set1eral years. Memberships Homeowners' League of Chatelaine 19707s to present Chairman Architectural Control Committee, Editor, "The Chatterlines" Member Board of Directors, City Commission observer for Homeowners League Progressive Residents of Del ray Beach Board of Directors, SPRAB monitor Defray Beach President Council, Pride in Neighborhood Committee Mounts Botanical Garden League ()f Women Voters of South Palm Beach County since 1975, Delray Beach Good Government Committee - I Lobbying Activities Acquisition of land for Barwick Park, (also served on play ground committee). Land acquisition for Fire Station at Barwick and Lake Ida Roads Sidewalks on Barwick Road Fencing at Veterans' Park Playground Bright Park Service on City Boards and City Related Committees Pineapple Grove Pre Main Street 1993-1995 Beautification Committee Community Appearance Board 1985 Historic Preservation Board 1987 Education Board 1990 NorthWest/SouthWest Neighborhood 2002- SidewaIklBeautification Committee Cultural Loop Walking Committee visited 80 sites .June 2003/ History Committee School Advisory Committees A.D. Henderson 1986-1996 S.D. Spady 1978-80. 1999-present Atlantic IDgh School 1987-present Other City Commission Watcher since 1979 ! Jan 30 04 10:54a E p 0 C H 561-279-2230 p~l IO~ K.AlZ.fdJ ~LJ4Bl.-C DELRAY BEACH CiTY CLDtJ=-(> oFFl (E.. .. ... .. . . . .... FAX~ 2.. ..., -:s - 3' 7 7 <J ~ Alt-Amedc3C; CITY OF DELRAY BEACH /_:30-0& 'IlIt BOARD MEMBER APPLICATION Vi Feej~('--EfbCh P(J'E7L-l c... Ar2.T CDMM l T~ )x,lray :Shore 7 ~993 2001 Ple2se e or rim the folIo in fOml:a 000: -ZOne- / 1. Last N:une: M t. 1.. -U / 'On /1.. 2- Home ~d~ss: S?Z Zip <;odc_ ,;;>9~ J I J-. 1,0 b ,'-, 3</9'.5 3. Le~ Residence: State Zip Code y ~~ tLS a..btv-c- 4_ Principal Business Address: State Zip Code . d .~.J-,( Ih 0a:d F2- 33'1Vif- J 7t-'l)(/. ,..:>:;; E-- 5_ Home Phone: Business Phone: E-Mail Address: Cell Phone: F:u: (siP / , e j)cJlJl1 c-@/xI/s-w1f.,'II<,- I) ;11 ~2';)' 36 6_ Are you a registered voter? If so, where are you registered? 1:. U U 7_ \X'har Boud(s) 2['e you interested In serving? Pk;l.se IiS[ in order of prdercnce: I ! 9. Me.. LEP;)LI-t) .Ece.cu.l-tv-<-~}~r 12_ Describe ~erieoces. skills or knowledge which qu2lify you (Q serve 00 this boud: (please uuch :a brief resume) u.u --- v: t'"' I ' SJ.. I' ,.. rn ---'++-L~ ~b-u-. C,u l ~~ u f!..ovVYl J s-}orl cd-- tr ,J Urn/h jl-~ ] he.reby certify rh:u :ill me above st2terncoes ue true. :md 1 2grec :md undersund th:lt :my misst::ucmeo{ of matcri:.I.J [aces con . ed inlthi~~: cause forfeiture upon my put of :my appoin~7 ~ ~101VC. SI NA JURE DATE Note: This ~pplicarion u-ill cemw on file in the City Clerk's Office for a period of 2 yens from the date it was , submined. It will be the applicant's responsibility to ensure ~~fq~Lfon is on file- , S'CrTYanucIBOAJlD\AnUCATIOt< JAN 3. 0 2004 CITY CLERK C;~-dD DElRAY BEACH Rea/It, Y' .t....."'" b:Iltd , AII-IIMeItcaCitr CITY OF DELRAY BEACH , " III! BOARD MEMBER APPLICATION ZoheA 1993 2001 ,~e~ (JretJ1- Ple2Se type or print the followinR infonnation: - 1. Last Name: Name M.l Gillespie Robert A. 2. Home Address: City State Zip Code 460 Sherwood Forest Dr De1ray Beach FL 33445 3. Legal Residence: City State Zip Code 460 Sherwood Forest Dr De1ray Beach FL 33445 4. Principal Business Address: City State Zip Code 700 E. Atlantic Ave. De1ray Beach FL 33483 5. Home Phone: Business Phone: E-:Mail Address: Cell Phone: Fax: 561-638-8697 561-278-2628 70Sh,~\~( Atlantic 561-706-2354 561-278-8688 6. ALe you a registered voter~ES If so, where are you registered? Palm Beach Ctv Precinct 4062 De1rav Beach 7. What Board(s) are you interested in s~ Please list in order of preference: Neighborhood Advisory ouncil , 8. List all City Boards on which you are cw:rendy serving or have previously setved: (please include dates) Nuisance Abatement Board March 2001 to Present 9. Educational qualifications: 2 Years Dickinson Co11eqe to. Ust any related professional certifications and licenses which you hold: Real Estate Brokers License, E-PRO Desianation. Graduate 1st Residence Academy De1ray Beach. 11. Give your present, or most recent employee, and position: 7 Yrs. Gringle, Doherty & Wheat, ,Inc. Real Estate Sales 12. Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach a brief resume) 7 Years Experience in Real Estate ~<tify th".n the ,hove ,~ "" true, ...d I og=...d unrl=1>nd that =y """"'= of....md &= con'o in this/~~~on may cause forfeiture upon my part of any appointment I may receive. 1," y ~ ~ ~~ ./:~~:llY:!7~JIh,,-^ ~:::;; ~ /'~ ~ ~[GNAruRE 1/ DATE Note: nus application will renuin on file in the City Clerk's Office for a period oE2 years from the date it was submitted. Ir will be the applicant's responsibility to e~lVt:.t!Plicacion is on file. S'CITYCLEIU(\IIl)ARDIAPPLlCATION SEP '}.:., 2003 . \ I Robert A. Gillespie 460 Sherwood Forest Dr Delray Beach, FL 33445 1953 - 1972 17 Years Management in several major New York Stock Exchange brokerage houses of which four years as Vice President and office manager. The last two years as a Consultant in Finance and Venture Capital. Philadelphia, P A and Los Angeles, CA 1972 -1994 Automotive Sales and Management Started in Sales and held various positions as Sale Manager, Finance and General "Manager. Suburbs of Philadelphia and Reading, PA. I 1996 to Present Gring1~ Doherty & Wheat, Inc. Real Estate Sales All positions I have had heavy dealings with the public and was responsible for supervision of over 75 employees. .J '- --- --- 1 I/-//~~ THE SCHonl nl~TRICT OF i PALM BEACH COUNTY; FLORIDA , 1 <~r ESE Department I I l Todd Harvey ; VOCATIONAL CUUNARY TEAOIER r OF DELRAY BEACH SCHOOL- 'f().. WORK TRANsmaN ~ MEMBER APPLICATION ~ 4 Fax (561) 681-0023 ' ~fl, ! tok:oroA t<~ fl 1. N:une - M.L / OIJ.() J 2. L>>. City Zip Code 33 3. City Zip Code_ s 4-/11 ~ SQ~. 4. Principal Business Address: City Zip Code / f~ $e/)(ftSf- ~AehJ 2r1 ~I- pJ7fffl JlgtU/j- 33YI I 5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax: ~J;J7Y"'ff.)rJ [51J 6K"I -OtJ~tJ - a cJIl!-'lIZZ. - 6. Axe you a registered voter? ~ 7. What Board(s) are you interest@ in serving? Please list in order of preference: \ 8. list all City Boards on w I ,}.-Jdn-e- 9. Educational qualifications: {1 10. List any related professional certifications and licenses which you hold: " -r.Mdh cte/ -h'#L aJJ/)f] 11. Give your present, or most recent-employer, and position: '?A1M. ~ruiJ O<-i# 5cktJ(j ;)~/Ct . 12. Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach a brief resume) H vd veel /Yl -1ie ~Jf4{/J~' ?RB..Jk'~ re- Scim/ Mv'I-h ~~/ $Tlf~'" j, 6tJ '7) above statements are true, and I agree and understand that any misstatement of material facts may cause forfeiture upon my part of any appointment I may receive. /1 j6/aJ DATE ) Note: nus application will remain on file in the City Clerk's Office for a period of 2 years fro~~~lV E 0 submitted. It will be the applicant's responsibility to ensure that a current application is . S'alYClElUC\BOH1OlJr NOV 1'-"1 ~ITY CLERK q~-M ~rnf-k d- OBJtAV BEACH N~\~~O\) ~O.J\.S&-'1 Co0~Dv - . '/JdW/ n . &. . " . . <Iio t&IIr.d ~City ) , 'III! CITY OF DELRA Y BEACH Loh e / BOARD MEMBER APPLICATION Lah.~fleal 1993 2001 ~"--h 1. NBo\' Name MlN. k 2 Home AddresC\ Sv ~ ~~ 2-D ~'Ou>..e\ 3. Legal Residence: Zip Code ~ 4. Principal Business Address: City State ~~rJl/ 2.. f\v~~ t-drCL'7 ~6a~ ,....., -tl- S. Home Phone: Business Phone: E-Mail Address: Cell Phone: r;-~- ~~ " 6. 7. '. 8. List :ill City Boards on which you ace currently serving or have previously served: (please include dates) ucati~ qualificari?ns: _ ~"O\M.\c.. te \~ec\. ~L- :L~ l\ . t all the above srntements ace true. and I wee and understand that any misstatement of material facts a~plicaqon may use forfeiture upon my pact of any appointment I may receive. ~J\b/2p03 S DATE Note: nus application will remain on file in the City Oerk's Office for a period of 2 yeatS from the <Ute it was " submitted It will be the applicant's responsibility to ensuRt!e1!fVePDcation is ~~AlUYlAPPUClt.1lON 11/1 ( 111 SEP 13 2003 t I HANSFORD N. mGGINBOTHAM I 920 SUNFLOWER AVENUE DELRAY BEACH, FL 33445 (561) 499-8331 CORPORATE FINANCE & INVESTMENT MANAGEMENT EXECUTIVE 199O-Present Independent consultant to private and public companies, advising on matters including capital structure, debt and equity financing, rn~m~gement dynamics, mergers and acquisitions, strategic planning and marketing. Record of achievement introducing new concepts and services to clients, turning money-losers into money-makers and capital creation approximating $70 million. Concurrently have held contractual relationships with NASDINYSE member firms for providing securities brokerage and financial planning services for my individual and business investment clients. Member firms include Old Dominion Securities, Questar Capital, Round Hill Securities, Northeast Securities and J.W. Genesis. Client assets under management have exceeded $36 million. J ACI'RADE CAPITAL, INC. Regional Manager 2000-2001 Responsible for management and sales growth of this public, international company's Southern Region. I was credited with building the Region's annual sales volume to over $23 million prior to the Company's decision to consolidate its operations and close this office. PIONEER PRODUCTS 1988-1990 - Marketing Manager Assumed marketing and P & L responsibility for the 150+ consumer and institutional -products of this General Mills manufacturer. Credited with the creation and introduc- tion of five new brands (11 sku's) during an aggressive line expansion. My efforts contributed to two years of record company revenues achieved within profit guidelines. EXECUNET COMPANIES 1984-1988 Partner/General Manager Created and developed unique enterprises providing consumer and business services through these successful companies: Execunet, Home Office and Memorybane Inventory. I HANSFORD N. IDOOINBOTHAM, Page 2 DEL MONTE/R.J. REYNOLDS FOODS 1980-1984 Region Manager and Division Manager ultimately responsible for $50 million in annual sales of a 500+ item product line through direct and food broker sales forces. Wrote and implemented operating budgets which included personnel, operations, local advertising and m8Iketing, trade shows and trade promotion Managed the regional merger ofRJR Foods with Del Monte. PROCI'ER & GAMBLE 1973-1980 District Field Representative and Unit Manager in the food products division. Managed sales of up to $15 million through direct representatives and account managers. Recognized as my district's Top Unit Manager in 1977 and 1979. 'Consistently ranked among the company's top managers in introducing new items and brands. Developed successful college recruiting programs at South Carolina, Clemson and Funruin Universities. MERRILL LYNCH, PIERCE, FENNER & SMITH 1970-1973 Account Executive Sold investment securities including equities, fixed income, options, mutual funds and commodities. Branch office leader in opening new accounts. EDUCATION/CERTIFICATION B.A, Liberal Arts, UNIVERSITY OF TENNESSEE, Knoxville, Tennessee Series 7, General Securities License Series 63, Uniform Securities Agent State License ) l::duccJ.o r - - 9-'1-0:1 DB.IVtV BEACH .,..... : CITY OF DELRAY BEACH ...-zone! BOARD fJlEMBER APPLICATION ~Ie~ \ QIlle ; 2 3. - 5. 7. _i 8. ed: (please include d2tes) , - - ) 9. Educational qualifiations: t 1. Give your presen~ or mos recent employ \ \ I Note: This appliauon will remain on file in the Oty Oerk', 0 years from th~ -date it ~s 5ubmitted. It will be the applicant-' responsibility to cmure ma ~ftPlicauon is ~1lON CITY CLERK ------- Sep.25. 2003~ 9:55A~ BATH AND TENNIS No.0279 ~!M~ 'fii1! b~iPbJ CITY O.F DELRAY BEACH em- . -er BOARD MEMBER APPLICATION I 1993 7Lm e.. !J- 2001 . inJOtlJl2Don: I/;rlt:kll ~ 1. N2fne~e9HEN M.LJ 2- City vfL~\. StalL ~Cod PL l, i. j 5' 3. City State Zip Code 4. Principal Business Address: City SutC: Zip Code lilt? S. CXfA~ COL LID 'VEt Q.fJ . "Bc 1,1 fL 334 ~j} , - . S. Home Phone: E.M2.ll Address: ~ Phone:: h:x: ~(c ( ') 1&-CJJq OXE5Hft tfff5IJ . /' ~ ( 157-1 UP!) ~ -rJ5!U If 50, where ne you xegistered? VE cJ-[ i. \l;'}u.t Boas-des) ~te you interested In st:rving? Please list in order of prefcttnce: I CO(t1fY) IT t r.- 8. serving or have pRViouuy senred: (pJcsscincludc dates) ~-- ~ ..- r- ~. - ~.- J ..... . ; . . 'J -- II"{' 1 (.. . I .. :-- ;...- { ~.i.- - ~ 9_ m@(J- 10. list an}' td1ted pro{e~sional certifications and licenses whiCh you bold: 11. Give your resent.. Ot' most :recent employer_ and position: ASS 1. -'Av7 Cc.,v'ift,,! / F R.. -I-t (l ~ I 1 ALlY) 69f.Ac (. I 12. Describe apaietlCC-5. Dills or E SU(f) P f ..-. U(?fX>1 c () to I ,- uS, l~cJJ 1 CLuOf f E,..JI r. ci''1 #0- I hereby c~mfy dut all rhc above ~u.tcmenu atc In>>e. and 1 agree and lmdcnmnd that any lD1I,cattmel1l of Dlatc:rial (_en contained in this application tn3.y cause forfeiture upon my put of auy appoimIncnt I may receive. ~ S> C)Ch"cO ~/9~/qJ SlGN.hroRE DA"IE Norc: This applicaoon -will remain on BJe in !he Gry Oc:xk-s Office for a period of 2 years from the dale it was 5Ubmined.lt wil1 be the applicant-' xespoNibility 10 ensure that . curnm applialion is on file. acnT~tpI RECEIVED SfP ') < Ia 2003 , StP. 25, 2003 9:56AM BATH AND TENNIS No,0279' p. 3 .. STEPHEN J. LAMPEL 2185 NW 1411. Street : '0 i Delray Beach, FL 33445, (561)" 276-9292 : r . -SUMMARY, .' Senior Accountant with more than 15 years experience in corporate -0 ~C(}unting. all facet of forec8Sting,. budgeting. and financial ~nalysis .' EXPERIENCE 4199-5100 . Senior Accountant : o09DWll...L lNDUSlRlES OF GREATER plY. Astorj~ NY Se~t:~,otivatea individual proficient in all aspeCts 'of acoouo,btJg includ~ng tinancial anatysjs~ budget'!, prepa~d expenses, financial stnreinents, mon~y .- closing and journal entries. and'maintaining annual audit schedules 'i~ ~ non profit oTgmllzation, Computer ]itemte 1:0. Excel and QiIickbooks 0 7196-4/99. . Senior Accountant . . 0 TKR PROPERTY SERVICE. Brooklyn. NY -. ..' . 0 , . , All facets of accOunting.~ propertY management for succesgful mIming , of over 30 residential. and- commercial buildings in New York metropolitan j area, Respqnsibilities include- preparing management report.~. shareholder , re1alionsllips, altending Board mee~ings~ preparing budgets, taX: and " payroll preparation '. 9J85-6/96 . - Controlier/Offi~ Manager MARKETING EQUITIES INTL, New York) NY Responsibilities jncl.ude fOTcasting, b.udgeting) job costing) financial report generation, aCcounts receivable and payable and payroll in a computerized environment.,Adll)ini~tered employe'e benefit plans including medical and 401K;'supeivised office ~ '.. .' 6/81-9/85 ACCoun~n( SIDNEY YOSI(OWITZ'& CO,) Great Neck, NY _, Responsibilities indu4e write-ups: generall~dger work. ar:c<;Junt analysiS; " financial statements,: federal and state tax. :retuills, for a v:.ariety of clients in ~ pu~lic accounting rlfm.', ., '. EDUCA110N , ~t John's University-~A Accoui1ting~June '1983 Queens Col1ege-BA , OCT-24-2003 13:1.35 ATLANTIC CO'1M HIGH SCl-O:L 1'5612'791705 P.02 . /~ ~c;lt:/c?S- ~ . dlcd-Prl-l- "- '1lir CITY OF DELRAY BEACH BOARD MEMBER APPLICATION . d;Jedd"J;.f"I-.tJ:j 1993 ~OO1 Please tvDe or pOnt the foU~ infoanacion:. - c,tI~ !d~e 6: -5 1. Last Nsmc: Name N..L , T ,_1.-": n "'-_..- J\. 2. Home Address= Oty Srate ~ Code 6';:;SR !=:lppnv Willow Way Delrav ~ ,- 1"1 ~l4A.d. 3. Leg:d RaickQcc: City State Zip Code .... Principal Business Address: City State Zip Code - 5. Home Phone; BusmC$s Phone: E-.Mai1 AddrcSSt Cell Phone: Fax: (561)498-9729 (561)706-4548 6. Me you a regisrcred vota? H so. 'Vllcre arc you registered? No ,. What Board(s) an you intueste:d in serving? Please list in ordc:r o( prefettnce: .... Neighborhood Advisory Council i 8. l.in all Cit}' ~o:uds on -which jO\l1R CUrTCIltly laving or have: prniously lerved: (please: indude dateS) - 9. Educauonal qu2litications: I am enrolled at Atlantic Community High School as a C:aniL"\T 10. List any rda~ pl'OfcssioJUl ccni6.atiolU and licenses 'Which you hold: I hold a CPR Certificate 11. Give yoUI p~CSCflt. or mOSt recent c:mployu. ud poshion: - , 12. D=aibe czpaicn~ Ikms or bowt~ which qualify yoa 10 s.ene 00 ws baud; (please uach . bDcE resume) I am envolved in the Criminal Justice Program and the JROTC program which in both 11m a leader and motivator to others in my class. I hereby cc.t1ifJ that .u the above 'tIlrcmcna are trUe. and I ~ ~ uadc:mand thaT any ~ of autdW has COI1Wncd in this appliacOQ ~1 cause forfciam: upon my pUt of m, -.ppoinan~t IID1Y ttttive. ~ :i..rf~ (O---~-03 \ SIGN.A~ DAre Note: This application will remain on 6le in me at)' Octt's Office: for ~_ nom the due it was lubmiaed. It ~ be the applicanr"s respons.ibility to ensure tIS . 00. is on file. rarr~TD1 OC1 24 Z003 ___. _, rooMV 9-/~ -tJo. DEUtAY BEACH -;eacJ,e r .,........ b:ad ~City CITY OF DELRA Y BEACH , III J! I BOARD MEMBER APPLICATION 1993 2001 . information: 1. 2. State Zip Code 3, Leg.d Residence: State Zip Code 1~5V ~Gt?0tJfj ~ 33 Y J<S 4. Principal Business Address: State Zip Code 5, Cell Phone: - Fax: If so, where are you registered? 7. 8. List all City Boards on which you are currendy serving or have previously served: (please include dates) - . __) ---- 9. Educational qualifica,tions: 10. list any related profesSional certifications :md licenses which you hold: C ~ L-f -?I. ''L/? e.:L/ThIL (CL.E'.4t " 12. Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach a brief resume) G S U) , I Note: lbis application will remain on file in the City Oerk's Office for a period of 2 years from the date it was submitted. It will be the applicanrs responsibility to ensu~~~r;:ation is~~1lON SEP 1 6 2003 CITY CLERK ~- . KAREN LUSTGARTEN 5611266-9084 (Delray Beach, FL) \ cell: 202l2n -2522 (Washington, D.C.) I )0> Superb writing, editing. speaking and interpersonal skills. Articulate, persuasive spokesperson. )0> Innovative multi-media andPRfrom conception to completion to market (print, videos, airing). PRlMEDIA-COMMUNICATIONS/ADVOCACY (since 1990) CreatelImplement: PR Strategies, Image, Bnnding Write/Place: Press Kits, Press Releases, Newsletten, Collateral Materials, Articles, Position Papen, Books DevelopIProduce: Committees, Seminan, Videos, 1V Segments - Women in Film (WIFlHollywood, CA): 21-y~ar-old professional member/advocacy organization Mission: to improve the depictio~ position and employment of women in film, TV~ video~ new media )0> Associate Director, Programs/PR Director: Represented WIF at conferences, workshops, meetings, screenings, conventions. Spokesperson on television/radio talk shows, in print. Speaker/moderator on industry issues panels. Created outreach, liaisons and partnerships with unions, film studios, corporate sponsors. Researched/wrote WIF~s position paper (available) on pivotal issue and delivered testimony before the Calif. State Legislature. \ ~ Publication FounderlEditorlWriter. Created/edited/wrote Reel News, the highly respected ) monthly newsletter. Developed/wrote content: member profiles, calendars, programs, news, - ----- advocacy editorials, commentary. Co-designedlmanaged production. , . )0> Programs Director: Developed/managed/promoted new member programs, committees, national and international chapters, workshops, special events that met member needs and interests. Produced/moderated advocacy and education panels/seminars with Hollywood luminaries about industry issues, Implementedlbooked/moderated panels for annual Calif. governor's conferences. }l> PR: Created/implemented PR strategy, branding. communications tools. Wrote/placed press materials, managed press inquiries. Developed/promoted annual fundraising special events (i.e. Academy Awards Viewing Party, WIF Film Festival, presence at Cannes Film Festival, Intn'l Women's Day). Enhanced visibility, image and respect for the organization. Former PR Clients (nonprofit organizations, 199Os): > National Student-Parent Mock Election: Calif. State Project DireetorJNational PR Director for established nonprofit organi~on for America's in-school voter education program. Managed PR campaign and newspaper partnership (NIE) promoting mission/materials to schools and newspapers nationwide educating students, teach~ press and U.S. Congress about the candidates and issues J~liing up to National Mock Election Day for all school children. ) (more) , . . Karen Lustgarten/2 ~ Otis College of Art and Design (Los Angeles): Planned, implemented, managed communicationslPR for college's annual fundraising event for 3 years that grosses $1 million in ! one night. ~ Palm Beach Opera (Florida): PRlCommunications Officer for 1998/99 season. ~ Hippocrates Health Institute (Florida): PRlmarketing for first holistic health retreat in U.S. ~ ChildHelp USA (child abuse prevention): wrote PRlmarlceting magazine piece inserted into L.A Times, Washington Post. Produced fundraising event video as PRfmarketing tool for organization ~ Ashcroft PR (L.A): Dir. of Communications: 1st stage of world sporting eventlfundraiser in China ~ TransMedbl Public Relations (Florida): Sr. ACCOWlt Executive PRINT ,JOURNALISM EXPERIENCE ~ FounderlPublisherlEditor, Cause Celebre: The News of Capital Causes (Washington, D,C.) special interest newspaper chronicling charity/cause-related organizations headquartered in Washington, D,C.: their events, volWlteers, society benefactors. Researched, created, wrote content._Co-designed issues. Hired/managed independent contractors. Created/wrote cause marketing ads for companies, sold the ads. Fonned advisory board of business leaders. ~ Honywood Columnist, <<Seasons" supplement in L.A Times: covered 400 major Hollywood fundraising events and awards shows supported by the entertainment industry (4 years). ~ Special Section EditorlW riter: Created/wrote annual 21-page philanthropy section in The Hollywood Reporter anniversary issues. ~ Freelanee Writer in various publications l VIDEOITV EXPERIENCE (since 19905) , ---- Wrote/produced TV -segments, public affairs show, VNRs and company videos. Diverse subjects included: lifestyle, technology, medical, environmental, financial, food, industrial, housing, community issues and events. Budgetedlbooked/directed camera crews in the field; coached/interviewed on-air guests, logged tapes, paper edited scripts to the shot, selected music and supervised post-p~uction editing to completion. ~ D,C. Housing Authority (Washington, D.C.): IS-minute documentary (promotional video) ~ WJMK Television Productions (Florida): 40 business stories and company VNRs. Story segments profiling businesses around the country aired on public television stations as "American Review Series" hosted by Morley Safer, 10hn Stossel ~ Century Cable TV (Los Angeles): hostlproducer'1...ASPAN": 30-minute public affairs show of in- field set-up pieces/studio interviews with community leaders about cause-related nonprofit groups ~ WPBT-ChanneI2 (Miami public television): on-air co-host for 2001 pledge drive SOCIAL St:RVlCES ., Spanish-Speaking Social Worker (Los Angeles County, 2 years) Elementary School Teacher (Los Angeles Unified School District, one semester) (more) ; - . . , Karen Lustgarten/3 EDUCATION Univ. of Calif. at Berkeley: B.A.~ Psychology Calif. State College at Los Angeles: Lifetime Calif. Teaching Credential (elementary) San Jose State College (Calif.): 1 year toward 2-year program for Master's in Public Health U.C.LA Extension: Broadcast Journalism Certificate Program; interned at KCOP- TV News (L.A) Univ. of Madrid. ~tituto de Cultura Hispanica: in-depth summer Spanish program VOLUNTEER WORK Planned Parenthood, So. Palm BeachlBroward Counties (presently): Board of Directors, C4 and Public Affairs Committee Foundation for Moral Courage (Washington, D.C., 2002): Advisory Board member for annual Jan Karski Award fundraising event at Embassy of the Republic of Poland -- - Los Angeles (19905): > National Council of Jewish WomerilLos Angeles: Board of Directors > - U.S. Holocaust Memorial Musemn: fundraising events committee member > Academy of Motion Picture Arts & Sciences~ Motion Picture Centennial: Steering committee > StoryBoard Development Group (script development workshops): Board of Directors booked prominent screenwriters, script doctors, professors, authors for monthly workshops \ portfolio of work, demo reel, articles about K. Lustgarten. references available . . . " - - --- -- l fax ;ff : lA f'q I nf11a /tJ-~-a5 L18~310G ;7hckn+ DB.RAV BEAa-I . .. . .. 41 . A ... :All ."-.lIB kACIr CITY OF DELRAY BEACH " III! BOARD-MEMBER APPLICATION 1993 f!;uv/,~n ~J, 2001 Please or rint the follo information: 1. LastName: MA1\OCKG NameALL1SON M.L e 2. Home~9Ss:SW \'f-th street" City ~D nton Beqch State ZiJ Code 11- 3l{-U 3. Legal Residence: City State Zip Code 4. Principal Business Address: City State Zip Code 5. Home Phone: Business Phone: E-Mail Address: Cell Phon\- Fax: 5, '-737-Btt85 ~i ckled~ pft\k@ Yet hoo. com () 1- 1~12O 6. Are you a registered voter? If so, where are you registered? 1\0 7. What Board(s) are you interested in serving? Please list in order of preference: , 8. list all City Boards on which you are currendy serving or have previously served: (please include dates) .. ) 9. Educational qualifications: 10. list any related professional certifications and licenses which you hold: 11. Give your present, or most recent employer, and position: t>t~'11JE-Acft l:folftlt COUNCIL - Vfte ~itknt 12. Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach a brief resume) ) I hereby certify that all the above statements are troc; and I agree and understand that any misstatement of material facts contained in this application may cause forfeiture upon my part of any appointment I may receive. tJJI1~~ Y)f~A/ --.J%8103 SIGNAWRE DATE' I J Note: This application will remain on file in the City Clerk's Office for a period of2 years from the date it was submitted. It will be the applidlnfs responsibility to ensure that a current application is on file. 1111 f Ir/ "/11f I rf] ~~- .I,n /11/1 . - 9-4-~.:J r DElKAY lEACH 1] e I cI 'i~fJ/"l'~~-fol ........ ~ tf~(}T7~~ 'lJurt'"t::lL - CITY OF DELRAY BEACH ~~ 1e(C(/~ , 'III t BOARD MEMBER APPLICATION 1993 "Z?ne / . . .20(;"__ 2. 3. 4. State to/Pr - f\J 5. Busincss Phone: 6. 7. ~'hat Board(s) arc you interested' ()"LL Vtc; I ) 8. list all atr Boards on \l:hich you arc currently serving or have prcvi - served: (please include dates) 7 ---- 9. Educatioru.l qualifications: ~ea 10. List any related professional certifications and licenses which you hold: See 11, Give your present, or most recent employer, and position: hi; J.e - See- I hereby ccnify that all the above ltatements are true. and J tgree and undermmf ahat any mislU~M'lt of JD.t~21 factS - . ~~Y"UK_-uponmypanofany'~frl~ ~ . .~ .~ .3 :A-o.3 51 NA11JRE DA Note: This application will remain on file in the City Oerk', Office ~cf~ f!fi from the date it was submitted. It will be the applicant's responsibility 10 ensure that. cum:nt application is on file. SEP 0 4 2003 aan~TION - -- "'ITV ~, I=RK '> . -' Bill Milner 3400 Place Valencay Dekay Beach, FL 33445 561-637-8896- - Professional History 2001-Present US Census Bureau- Field Representative 1999-Present Pre-Paid Legal Services, Inc. - Independent Associate 1996-1999 - Mustapha's Wadi Catering Services- Co-Owner Education B.A. Interdisciplinary Social Sciences, USF, Tampa, FL - \ ) I can make a meaningful contribution to the Neighborhood Advisory -- -- --- Board for the following reasons: ,. I understand the need for and the mechanics of building consensus · Ability to work effectively with people from all backgrounds · Aware of the interests and concerns of our business community - - · Conscious of the limitations and the possibilities of public policy · Empathetic to the challenges to homeowners of modest means · I know what makes a community attractive to outsiders and welcoming and comfortable for its residents . r I "- _--...___--~- -"- ,-I~ ___...._~___ ---~.----.~--...~---------------~- - - - --.... -- .. --.. - ___ _~ _ __,__.... ___ _....- ..l ,,0; J - - dJ.<.denj- ---6<<- - 9-/~ -e<:J ~':~P1 I tfM CITY OF DELRA Y BEACH BOARD MEMBER APPLICATION Zone I 1993 2001 thctk /Cl /() e ,. .. -- - S, Home Phone: Business Phone: :&Mall Address: Cell Phone: Fax: If 10, where are you registered? , , 7. - ) 8. List all Cit)- Boards on which you are currmdy serving or have previously served: (please include dates) - - 9. Educational qw.lifications: . 10, List an)' related professional certifications and licenses which you hold: , - II, Give your present, or most IeCalt employer. and position: -- rn~l J Note: This application wiD remain on file in the ~Eod of 2 years from the date it was submitted. It will be me applicant', taponI1 t . ammt Ipplication is on file. .. ~1'IDN - SEP 1 6 2003 DEtRAY BEACH /If:l(Jfe . . . l . . . . " O~!!fit'Jj iifa/lpu tab:JI AI" -.IcaCily CITY OF DELRAY BEACH tfi!?ffir.~ " II J! BOARD MEMBER APPLlCATIONREC IV D /:) 1993 NOV 1 2 20Y 2001 E K 1. M.I_ ( 2. City Zip Code D 3. City 4. City State Zip Code ~"'Nl- 5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax: If so, where are you registered? ~L leaseJist in order of reference: -.(: \..J 8. List all City Boards on "ch you are currendy serving or h ~ V 10. List any rdated professional certifications and licenses which you hold: 12. Desc "be experie l ~-~ \\~\tQ-, I hereby certify at all the above tements are true, and I agree and understand y tn1 tate ,,?,OO ID thi, ..ppli~cion may ~"'e fo<fciurre upon my part of ~y appointment I may teecive. ~~~~ \\}.)~~ \\\C~\t)~ SIGNATIJRE DATE Note: This application will remain on ftle in the City Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. SlCITYCLERK\BOARDlAPPUCA TION , ?' " PATRICIA T. WESTALL 1102 Seaspray Avenue Delray Beach, FL 33483 561.243.7959 I Patricia _ W esta11@hotmaiLcom --------------------------------------------------------------------------------------------------------- SUMMARY A high energy healthcare professional with over twenty years of experience in client senices, specializing in clinical consulting, marketing, sales, strategic planning and administration. Excellent problem solving abilities and group process skills. Can work with professionals and groups at any level. SKILLS CLIENT SERVICES Managed hospital accounts at executive level as point of contact, from initial delivery/installation through complete product/service delivery with consistently high customer satisfaction ratings. STRATEGIC PLANNING Directed hospital strategic planning process. Served as planning consultant to clients for defining goals and objectives, negotiating vendor contracts and refining market share strategy. MARKETING Directed marketing activities for clinical outcomes management firm and was VP of Marketing for large urban hospital. COMMUNICATION Strong presentation skills refined through managing a variety of sales presentation models to large and small groups, including physicians and hospital boards. SALES Successfully sold multi year contracts for clinical/ financial outcomes products and services to hospitals and health systems. ! EXPERIENCE June 2000- Consultant and Independent Contractor, Atlanta Georgia and Delray September 2002 Beach, Florida Hospital and Physician Practice Managed Care Contracting GE Medical Systems Healthcare Solutions, Atlanta Georgia March 1998- Regional Director/Senior Manager, Client Services June 2000 Responsible for account management for clients in multiple states as well account renewals and additional product and consulting sales. ; ,i September 1990- IAMETE~ Inc., Atlanta, Georgia February 1998 Senior Manager Presented, sold and delivered clinical outcomes products Iservices to administration and medical staff. Directed marketing activities and training of new sales, marketing and account management personneL Participated in planning sessions as well as development of new consulting practice areas. July 1983- GEORGIA BAPTIST MEDICAL CENTER - Atlanta Georgia April 1990 Vice President, Planning and Marketing Directed planing and marketing functions for this 500 bed non-university teaching facility and its affiliated organizations. Coordinated strategic planning process. Directed development of data support systems. Managed public, community and guest relations. Coordinated all physician support activities. Supervised staff in six supporting departments. June 1982 - EGLESTON CHILDREN'S HOSPITAL AT EMORY UNIVERSITY Iuly 1983 Atlanta Georgia Strategic Planning Analyst Coordinated statistical support for facility strategic plan. Served as liaison between hospital board, administration and long-range planning strategy consultants. EDUCATION 1990 M,P.H. - Health Administration Emory University - Atlanta Georgia 1979 B.B.A. - Health Administration Georgia State University - Atlanta Georgia SELECTED PROFESSIONALNOLUNTEER ACTIVITIES . Society for Healthcare Strategy and Market Development of AHA . Georgia Society for Healthcare Planning and Marketing, Past President . Women Healthcare Executives, Founding Member . Georgia Nurses Foundation, Ine. Board Member 1994-1996 . GSHPM, Annual Meeting, 1993, Faculty . NARDO, Southeastern Regional Meeting, 1994, Measurine Provider Performance. Presenter . Quality Review Coordinators of SW Ohio, 1994, Makine Sense of Data. Presenter , I' . South Carolina Health Information Management Association Annual meeting, 1995, Presenter . International Communications for Management, Direct Contractine'96. The Future of Manaeed Care. 1996, Presenter . International Quality and Productivity Center, Best Practices in Direct Contractine.I996, Workshop leader . Community Service Award, Women Healthcare Executives, 2000 . Cedar Hill Enrichment Center, Board Member, 1999-2002 . Metro State Prison for Women, Atlanta, Volunteer, 1997-2002 . Palm Beach Literacy Coalition, Reading Tutor, 2003 - present . Delray Beach Residents Academy, Graduate, May 2004 . Beach Property Owners Association, Design Guidelines Task Force, 2003 -2004 " 1102 Seaspray Avenue Delray Beach, FL 33483 November 9, 2004 Venice Cobb Executive AssistantIBoard Liaison City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Dear Venice: As you suggested in your e-mail of November 5th I have completed a new Board member application and highlighted those areas where I think I would qualify for the Neighborhood Advisory Council. Please note that I have yellow highlighted the sections of my CV that focus on community involvement and leadership. While I would certainly be willing to serve on the Construction Appeals council I think it is pretty clear that my strengths and experience are much more in line with Neighborhood Advisory. Thank you for your input. Should I plan to be at the meeting when this is presented? Cordially, _:_- '?~\\J~ Patsy Westall MEMORANDUM TO: MAYOR AND CI1Y COMMISSIONERS FROM: CI1Y MANAGER ~1 SUBJECT: AGENDA ITEM # 'tI.- REGULAR MEETING OF DECEMBER 6. 2004 APPOINTMENT TO THE NUISANCE ABATEMENT BOARD DATE: DECEMBER 3, 2004 At the City Commission meeting of October 5th, Bernard Federgreen was appointed to the Code Enforcement Board creating a vacancy. 1bis would be for an alternate member serving an unexpired term ending March 31, 2005. The Nuisance Abatement Board was established by Ordinance No. 59-96 on January 21, 1997, for the purpose of hearing evidence related to the existence of certain public nuisance on premises located in the City. The board consists of five regular members and two alternate members. Members shall be residents of, own property, own a business or be an officer, director or manager of a business located within the City, and are appointed by an affirmative vote of at least four members of the City Commission. The following have submitted applications and would like to be considered for appointment: John Bennett Retired Attorney (also applying for Code Enforcement & Neighborhood Advisory Council). Pearl Markfield Elrod Realtor (also applying for Board of Construction Appeals, Code Enforcement and Site Plan Review and Appearance Board). Philip Friedman Realtor/Financial Aid Kaltman, Kenneth Financial Manager Nicholas Loeb Real Estate A check to confirm all are registered voters was completed. All are registered with the exception of Kenneth Kaltman. A check for code violations and/or municipal liens was conducted. None were found. Based on the rotation system, the appointment will be made by Commissioner McCarthy (Seat #4) for an alternate member serving an unexpired term ending March 31, 2005. Recommend appointment of one (1) alternate member to the Nuisance Abatement Board for an unexpired term ending March 31, 2005. - u ~ 0 > 0 Z E-< 0 ~ - 0 ~ s::> <::; N ;:::; 00 .., '" 0 - ;:::: N ~ ;:::: -- ~ ~ 0 - 0 0 - <:> 0 i5. i5. i5. J i5. C. i5. ... !:>- !:>- !:>- !:>- Co !:>- B -< -< -< -< -< -< '" OS ~ CI) = ~ '" <U ~ <U u <U ;; .- E- ~ =- -0 rIl N < B <U <U ~ .. - .. <U rIl < - .- rIl "Cl ~ .- "E Co-'..., ~ E..., E..,. ~ <U .. OS 1: ~ = 0 <~ =0 =0 E- cc ~8 .- -- ~ = :::.d -- "Cl -- 1:~ -- ....:l -'" ~ == <~ .- -- .. - l:; = ~i < = = = [) ~ 0 rr. -.co ~~~ - - . /tJ-/-CXJ' p~':BP.P! i?eJ),Aed Ally c~ *,**,** ,111' -I~>r CITY 0' ~,ELRA!f BEACH < BOARD MEM,BER APPLICATI.ON ~ ~ , _. > ' - ;,!,.. .t' "-'; ~ ~ Zone 1993 -2001 - aeaJ?~€~e ~ Please tvDe 01 D.Mt the (oIJ~ information: 1. Last Name:13t:?V~c:-rr- '"Name -::7 oH-Al )&'L C. W. 2. Home Ad~ess: T.i - State '~p Cod,e /3-=1 S~I'U~ ~ ty 06~7 &:-~ n..- 73 YrJ 3. Legal Residence: .City - '. State Zip Code S /,}ME- ... Principal Busine.ss ACidress: 'OV State Zip Code - - AJ/A (/k"-;",d a If,SYN;j ) - - 5. Home Phone: B~siness Phone: &MaiI Aachess: . Cell Phone: Fax: Z74-g'ibo - Li.f; L<-lI'.Df ckt(~ @aot''''.i LjI4- -816 0 2'l-4-?Lj-S- 6, Are you a registered voter? Uso, where-arc you rcgis~? ya Z>&-~7 1i~ 7. What Board(s) are you interested jn,5Crving? Please list m.oider-OfprdCrence: - ~ ;Va.;~J..~JUN# A,{vll'^/ ~,,--c.: I} BtXAM Df- dl-rfJks~e-1- JNLu.{~G..A~K;;,,~ SDei. r? 8. List all Cit{Boards on which )~ou are currently serving or hive previoudyservcd: (pae include dates) J;n Pl (' .s 6' ~.t/; <:-1' i?Jk. ~ CLUJ I) l1'S(~ zPlD ~kerJf:J ~_;i(l.'--' UxJ/-o?- 9. Educational qualifications: " ~ E,A-. (w/ hFr;i.1r.unJY-s') S~1z. n.<l've.. G./~; J. D. r:" ~ IVAV'k- U",,,, I ~ '~~I LL.Pf, U h ,Vi.. Y.I -; t, 4- (.J ~ J L., ;-y." r./-n.,. 10, List any rdated professional certifications and licenses which you hold: ......~ / 75"J)"'-d ;,L (' ..../. L Z?~/ -I 11. Give your present. or most recent employer, and position: SA U.S. NAVYj J7Jtt# :JV/Xr..< ,47:>v/)~ ~/>1A>-4)F"1C. A/A1VflZ-. l5'..nlC ~~~,.) / 12. Desc:rlbe experiences, skills,Of bowJedge whidl qualify you 10 serve on Ibis board: (pJeac' 8UKh . brief resume) ~ ~~d.oL I'hereby certify that all the above statements are trUe. and] aaree aDd UDdcrAaQd mat any mi,mtnDmt of matcr:ia1 &as contained in this applica~on may cause forfci~ upon my.pan of any appoirublmt I may RCeive. ~~-~ - e9c.1-o4-- ( J 1..0-0-3 , 51 1UJlE DATE Note: Ibis application ~ remain on file in the City Clerk's O~ ~= from the date it was' ... . submitted. It will be the applicant's responsibility to ensure a amm Ip 'cation is on file. . ~1ION OCT . 1 2003 - ,.",. ...." ..... I .... fll'1-' JOHN C. W. BENNETI 137 SEABREEZE AVENUE 1 DELRAY BEACH, Fl 33483-7017 ~ COMMUNITY ACTIVITIES: Beach Property Owners' Association (Trustee 1999-present; Vice President 2001,2002) Progressive Residents of Delray (PROD)(Director 1999-present; Vice President 2000; President 2001-02 E.P.O.C.H. (Director since 2002) Chamber of Commerce (Member, Local Government Issues Committee) School Advisory Committee, Atlantic Community High School (member 1999-2003; Bylaws Committee Chair 2002-03) PROFESSIONAL EXPERIENCE: 1995-present, retired attorney (U.S. Navy Judge Advocate) \ 1974-1995, naval officer with a variety of assignments involving law and policy 1973-1974, law clerk to the Honorable Paul H. Roney, then of the U.S. Court of Appeals for the Fifth (now Eleventh) Circuit in St. Petersburg, FL EDUCATION: Formal: LL.M., Law & Marine Affairs: University of Washington 1981 J.D.: Georgetown University Law Center (Editor, Law Journal), 1973 B.A. Economics (with High Honors): Swarthmore College, 1970 Continuing: Leadership Delray Beach 2002 PROFESSIONAL AFFILIATIONS: : District of Columbia Bar (Inactive) American Bar Association American Society of International Law SPECIAL QUALIFICATIONS FOR SPECIFIC BOARDS ) NEIGHBORHOOD ADVISORY COUNCIL: . Active for past several years in the affairs of my neighborhood association (Beach Property Owners' Association) . Active for past several years in broader issues of concern to neighborhoods throughout the City through membership on Board of Progressive Residents of Delray (PROD) · Aware of concerns of business community through service on Local Government Issues Committee of the Greater Delray Beach Chamber of Commerce BOARD OF ADJUSTMENT & NUISANCE ABATEMENT BOARD: . Extensive experience during my Navy career with applying regulations to specific cases. , I · Thorough familiarity with due process requirements for imposition of criminal and civil sanctions: developed while representing criminal accuseds and administrative respondents, prosecuting on behalf of the Government, and advising adjudicatory authorities. · Adjudicated innocence or guilt and determined appropriate penalties in a number of minor criminal cases. I DEtRAY BEACH '\J- ~- OlP . .. 0 . . . " ~~ ~ ~12'0 ***** All-AlllericaCity CITY OF DELRAY BEACH OCr 0 ~/V~D ~ ~ III! : BOARD MEMBER APPLICATIONC/ry 9 <'001 C.(~-9k" 1993 2001 Please e or rint the followin information: ! 1. Last Name: LOEB Name N Ie H() tJI.s M.L I 12. Home Address: ~ ~ tJIJ.-Y City Ix-//'tl &ach Sblte Zip Code I /8 (f1tI.isS4tlCL FL- 33183 3. Legal Residence: City Sblte Zip Code Stlml. tIJ above-. 4. Principal Business Address: City Sblte Zip Code 22~ f1/adlJ Rd. ~uik 2-231\ Bo~ khl'\ PL ~343 J 5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax: fib I. 2.6S-3170 ~(-24/- '3'171 n m/ocbC? a.ol'14T'r" :5 / () .gg'1 . 0+2.5' 6, Are you a registered voter? YES If so,-where are you registered? PALt1 BEf}eH crY. 7. BtLcafio/'l .10M!. ~. List all City Boards on which you are currently serving or have previously served: (please include dates) ) NDN~ 9. Educational qualifications: BllalELfJI!- OF SCIENCe /;V f1/lN-A6Fl1ENT / Fif../A t\Jc{; h 1I-1OrL 10. List any related professional certifications and licenses which you hold: ()~riFf"a:> . 'dLi FA' ll"'l .. 11. Give your present, or most recent employer, and position: NICItoL-A-S '-IJfB /f\ITE1-.NATI()N1t L I ff?e;"f)ENi/ LeD 12 Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach a brief resume) SEe A1fA (}IE/) R.C"SUHE . I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts contained in this a Iicatio y cause forfeiture upon my part of any appointment I may receive. jt);:6~i DAlE Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. S\CITYCLERK\IlOARD\APPUCATlON - I Nicholas M. Loeb nmloeb@aol.com 2255 Glades Road - Boca Raton, Florida 33431 suite #223A~ (310) 384-6425 PROFE&$IONAL EXPERIENCES " 2002 - Present Nicholas Loeb International Boca Raton, Florida President and Chief Executive Officer Los Angeles7 California . Founded a real estate company to purchase and remodel properties, Have already remodeled and sold five \ homes. 1997 - 2002 International Production Company Los Angel~ California President and Chief Ext:cutive Officer . Incorporated and managed a company in the film. televisiOn, and media industry. Developed and produced major motion pictures. . Secured financing of $5001<, developed, produced.. cast, o~ni7ed, managed and sold the award-winning feature :film, The Smokers, to MGM, which has grossed over $5 million to date. Quincy Jones served as Executive Producer, and Dominique Swain (Lolita), and Thora Birch (American Beauty) starred in the film. . Produced. organized, managed, secured financing and setup several episodes of an award-winning docwnentary, The Living Century, with the Independent Documentary Association, Barbara Streisand served as Executive Producer, and PBS has aired the show. . Assisted in ~ scouted locations, and raised funding for the independent feature film, Absinthe, Summer 1997 Primary Colors LosAngeles,Califurnia Production Assistant . Secured movie ~ and provided and organized extra actors for the feature film starring 10hn Travolta and Emma Thompson directed by Mike Nichols. Developed necessary materials and contracts for actors and film management. J Summer 1996 Universal Studios Universal City, California Corporate Development, Motion Picture Finance (Internship) . Set up databases to produce information as requested on genres by categories for gross sales. Assisted the motion picture group with analyzing financial data. Scouted and researched actors for future Universal projects. EDUCATIONAL ACTIVITIES 1994-1998 Tulane University New Orleans, Louisiana A.B. Freeman School of Busines$ Bachelor of Science in Management; Concentration in Finance . On-Campus Orientation Coordinator . Division 1 Track; Javelin OUTSIDE ACTMTlES AND INTERESTS . Council of Trustees for the Republican Party of Palm Beach County . Member of the Boca Raton and Defray Beach Chambers of Commerce . President of the Republican Club of Delray and Highland Beaches . Centre Kids Committee for Center for the Arts at Mizner Park . MSBL/MABL Baseball Player; South Florida League . Deputy SherUI: Los Angeles County Sheriff Department . Board Member, LOs Angeles Sheriff's Star Orga11j~tion (LASSO) . Vice Cbainnan, Sonoma Loeb Wines . Member, Host Committee to <<Starbright Foundation" ) . Member of the "Nicholas Committee" to support the New Y odcers for Children (NYFC) . Member of the Escada Heart Committee . Volunteer Wrestling ~ Santa Monica High School . Member, Screen Actors Guild ~ - - - '~(?~/kr ?-tPJ-():) OUtlAy BEACH .t..... . .'*'**'* 1 ~Tir CITY OF DELRAY BEACH BOARD MEMBER APPLICATION 1993 2001 . infonmtion: CZ L- t2-o 1> Ci State Zip Code 'fjty/) CW1- f2/1- to /1 FL ?> 3l/- ~If- 7. '.X'hat Boud~ arc you interested' sef!ing? Please list in order of preference: D fi /:::CO q n-t-I n J--A-/Ub \ ! 8. 9, EduationaJ qualifications: II I G-JI S?cho~ 12. Describe experiences, skills or knowledge which rpWify you to serve on this board: (please auacb . brief resume) I Note: This application will tcm~ on file in the ~~Ot . period of 2 years from the date it was submitted. It will be the applicant', respo' ute that. current application is on file:. IICIlYQ.EIUCwo.uDW'PUCA11OtI - Il~i~UU~ 1,:11 ~AA tgj UU~/UOZ RESUME FOR PEARL BUNNY MARKFIELD ELROD DIRECTOR RESEARCH DEPT:NATIONAL ENQUIRER NEWSPAPER (14 Yrs) REALTOR: COLDWELL BANKER REAL ESTATE (22 YRS) (multimillion dollar producer) PRESIDENT: MERRITI PARK HO:ME OWNER'S ASSOCIATION (4 yrs) BOARD MElltffiER PROGRESSIVE RESIDENTS OF DELRA Y (2 YEARS) MEMBER SVo/!NW REDEVELOPl\1ENT TASK FORCE (FROM INCEPTION) PRESIDENT BEAUTIFICATION COMMI1TEE FOR TIIE NW/SW REDEVELOPMENT TASK FORCE) i MEMBER DELRA Y LOOP a.CO-MANAGED TROLLEYS FOR OPENING DAY EVENT b.WORKED ON CLEAN-UP COM1vfiTTEE DAY BEFORE OPENING c OF LOOP-PICKING UP GARBAGE IN SWINW SECTIONS c. WORKED AT DELRA Y FRESH MARKET WEEK PRIOR TO LOOP OPENING DISTRIBUTING ANNOUNCEMENTS OF THE FOLLOW lNG WEEKS OPENING CEREMONIES MEMBER FUND RAISING COMMITfEE FOR THE MILAGRO CENTER. I - DRRAY BEACH ,t)f7Q / kr / !:;"a:nC ~ ........ ***** .j- .Jc?~ rrrr~ CITY OF DELRAY BEACH 1I0ARD MEMBER APPLICATION 1993 2001 . infonI12tion: 2. ~ ru~JE> 3, Legal Residence: ~o~ ~ 4. Principal Business A~dress: City State Zip Code E-Mail Address: Cell Phone: Fax: 7. 8, e currendy serving or have previously served: (please include dates) , } N0.AJe- 9. ~u.. S \1\"re . ~ 1'G'f2-J0 5 c40 10. List any related professional certifications and licenses which you hold: DN (},J~iJ~\Aj f material faCtS J Note: This application will remain on file in the City Oak's Office for ~ of ~ from the date it was submitted. It will be the applicant's responsibility to ensure dfit ~ 'on is on file. S'tCJ1'Y~TIO" 1/ f / h1 MAY 3 tl1663 _I~I 1"'1 r:RK . . . . -p ~ \ \ \..(? \-~\ eel J'V\.'3N <7 ~o A-\ \4tW9J'1 ~ ~ f1..\.\1C... - ! . ~~ ~ P\ b&W.3 ~ (;;, I - ;).. 7 (p - ,J,.:;]...D 7 . -'S~4rO 1 1?,. A. I'" .f:CoN:s>"""c.~ - H....~~ )\~) . Nv-V !:' n.k- Ct!Jr. 1'1C. ~ J\')\~,A-, <bk<Z.AJ ~ 00/ .f\'jCA.- J N~on.k . . Ct~ lq~ JAJo(t.k e~\e.t\Jce..- - I~ c's- IqG~ u-'N\IO>N ~~C0~~oN ~ Tt=T-~ ~,~\.S+ ) ICj6:>~-/97~ Levett- ~~~~ - g~ , . TA-)( ~\qll~1- I C; 7,),,- {o, cr f{ I ~ fM, l...en;~ ~!.....tL . &.sls'}-nA-Uj1J\tI~'4; v... l N9JI.I~<9-1 ()1c1 .'#L,l \ (~'-/ 1 (76.S-(~7t> ^l.vNY"n..k~",..,.,..~a.~- ~'\~ t"'tt..e-c~k~"",~- l.Wt-s . ":b(V.~~ 8-1 (resw...9.ll-e (J r. ~ ~s-",,~qe,h<<><i ~~h. K.eJt \ eD~ J ~rv\. 'j v-e.s .) ~ ~CP,J\J I co \1e0-"'0 · 7-06-2004 10: 12AM FROM NCS 561 330 764-8 P.2 7-&,-00 DElRAY BEACH Gallc,tJ fhanQ{!/r" . . d . . . 4 ~ \ fijir CITY OF DELRAY BEACH BOARD MEMBER APPLICATION 1993 2001 Please e or rint the followin information: L Last Name- C{:l:..~m~ Name t:; M.I. .t~ c'e. -t- 2. Ho e Addressf.-\ ~ S\A\, ....A.~ City State Zi3 Code DB <u'\ ~ DQ..L FL- 3'1 3. Legal Residence: City State 3~~~ I ~t ~ ~ -\: .~..u-.. "' t.(..t~ g~~ 8- 4. Principal Business Address: CIty State Zip Code ~S-S- f'\6" S""-. ()-~~~ 1) CU-(l ~~ fL s~'t33 5. Home Phone: Business Phone: E-Mail Address: Cell Phone:,sb ( Fax: n ( ~(- '27l{-' 7n ~ N.<:.S()~U~ (6l>'\ 170-"/ ~S, r3o-70VY 6. If so, where are you regtstered? 7- \l"~ Board(~ you inte~ted 10 "..nrif\g? Please~ orde~p!eference' .s (~ ~~\" (}-n--, 8. List all City Boards on which you are currendy servUlg or have previously served- (please include dates) ) 9_ Educ:atiooal qualifica~ns: I'\)l l^ sh.-\'-~ Fc~e-Q N\.-J ~~\. 10 List any related ptts~o~certifications and licenses which you hold 11. Give your present, or most recent employer. and position: 12_ Oescnbe experiences, skills or knowledge which qualify you to serve on this board: (please attach a brief resume) ~ A-~ ve statements are true, and I agree and understand that any misstatement of material facts n m.y uo'" fort.;~ upon my p"" of .ny 'PPOinttneo~ ~~:; DATE \ } Note: ThIs applicauon will remain on me in the City Clerk's O~years from the date it was submitted. It will be the applicant's responsibility to ens _lication is on file. SIClTYC\.ERKIBOARV\APPUC-A noN 11~ 1m JUL - fi 2004 I"ITV f':1 S::RK 7-06-2004 10, 13AM FROM NCS 561 330 7648 P.3 j Kenneth T. Kaltman National Compliance Services 355 NE 5th Avenue DelrdY Beach, FL 33483 1994- present - National Compliance Services - Manager and Field Auditor 1982-1994 - National Regulatory Services - Sales and Compliance 1978-1982 - The Securities Group - Senior Partner! Trading and Compliance I 1965- 1978- Lehman Brothers - Senior Vice President. Trading - established London and Tokyo office for Lehman 1961-1965 - New York Institute ofFinancelUniversity of Tampa NASD Exams - Series 63, Series 7, Series 24 1 ) MEMORANDUM TO: MAYOR AND CI1Y COMMISSIONERS FROM: CITY MANAGER tj. SUBJECT: AGENDA ITEM # 9. c ' - REGULAR MEETING OF DECEMBER 6. 2004 APPOINTMENT TO TIlE SITE PLAN REVIEW AND APPEARANCE BOARD DATE: DECEMBER 3, 2004 Mr. Mayer Abbo has forwarded his resignation from the Site Plan Review and Appearance Board creating a vacancy for an unexpired term ending August 31, 2006. To qualify for appointment, a person shall be either a resident of, own property, own a business or be an officer, director or manager of a business located within the City. One member shall be a registered architect, one member shall be a registered architect or a registered professional civil engineer, and one member shall be a landscape architect or a person with expertise in landscaping or horticulture. The following individuals have submitted applications for consideration: See Exhibit "A" A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered with the exception of Mr. Bruce Giminy. Based on the rotation system, the appointment will be made by Commissioner Costin (Seat #1) for a regular member serving an unexpired term ending August 31, 2006. Recommend appointment of one (1) member to the Site Plan Review and Appearance Board for an unexpired term ending August 31, 2006. Site Plan Review and Appearance Board Page 2 SITE PLAN REVIEW AND APPEARANCE BOARD APPLICANTS EXHIBIT "A" Jose Aguila Architect (also applying for Board of Construction Appeals) Shane Ames Architect Paula Aridas Public Relations David Beale Attorney Ronald Brito Contractor (currendy on Board of Construction Appeals) Sara Coen Attorney Pearl Markfie1d Elrod Realtor (also applying for Nuisance Abatement, Board of Construction Appeals and C ode Enforcement) Carolyn Farnham Property Management Bruce Giminy Retail Owner Charles Halberg General Contractor Eileen Marks CSR/Banking (currendy on Nuisance Abatement) Robert Moore Financial Management Michael Owens Planner Samuel Resnick Code Administrator/Engineer/ Architect (also applying for Code Enforcement, currendy on Board of Adjustment Appeals) Jerome Sanzone General Contractor Thomas Stanley Attorney Andrew Y oungross Engineer iJ 11 U.. 11:183 MAYER ABBO ARCH ~ ASSOC. 561-272-4949 p.2 ....-..-_~- -~ --- ----~ I ; -, G '::' r, f1 fin rs rJ ~ _ i;J ;~ I ,I l i~I~_ _~ _"__''1:i ; ! 1 I J i MAYER ABBO NOV I I 20C1 !;J! ^ n c~ tl I T r C T , ^NI) ^S~I~TI~. INL i I Anr.HITEc"uRC ...r. ~_~ _._~ INTI::.HIO'"4 Ll'- tUc;,-iN ,.. ," r - ......." tjil-'A.cr PI ANNtNG ~.:_' l.~::'f -.i0J\)f~~ ! - _..... ..-....... '.~.._- '--~""'.<# November 11, 2004 Mr. Jeff Perlman ~CJvJ0 City ofDelray Beach Mayor ~C-~ City of Delray Beach 100 NW }Ill. Avenue !:f~C~/I'/~D Delr-dY Beach. Florida 33444 CC- Mr. Paul DOTting NOV Director of Planning and Zoning . 1 1 200~ Mr. Jeff CosteUo CIf'y CLERk Senior Planner City of Dekay Beach Mr. Roger Cope Chair, Sile Plan Review & Appearance Board Memhen of the Site .Plan Review & Appcal'1lnce Board Re-- Decision to step down from The Sit~ Pion Review and Appearance Board Mr. Perlman. After much consideration I have decided to step down at the end of the year from the site plan review & appearance board. For the most part my decision is due mainly to personal reasons as well as professional opportunities thai. have arisen, As Jeff Costello knows from previous conversations) I have been blessed with the opportunity to get more involvt:d directly in the real estate development end of projects as well as the architecLure itsclt: While this is an incredible opportunity; and one that as a prdCticing architect I could only dream of, 1 personally feel that because of its implications and demands it is only fitting that I step down from the board at this time. It has truly been a wonderfUl experience to work. with the various oth\..~ members on the board; and more partkularly it has truly been an honor to work with the dedicated and talented officials of the planning and zoning department. My service to the board has given me the chance to see how other architects and professionals go about solving complex projects and allowed me to experience v.uied and different approaches to problem solving. I look fOIWard to working with you and your sLatl' in the future in many exciting projects; in the mean time and going forW'dl'd, please also know that I feel deeply indebted to all of you for lbc wonderful experiences of working with the planning and zoning members the past two and a half years. Mayer S. Abbo. AlA 7()(, Soulll E:t~1 Fifth A\C' , l)c1ra~ 13cach 1-lomla. 33-l-K~ Tel (";61 )7.72-070:; 1-;1" (5() I) n ,).-l-')-I-') hl1l'Ji\\ \I \\ .Majcr^bboArch.col11 AA (I(III.~142 - ---- HJL-.1._rc.vou-t 1<JC)..1.:J rr<L1....\Ju"f"ac ;:)L)WHr<U;:) H~l.L =l.-c<-tJ-Cao't IU:C::9jj( (9 t" . .1 v"u,,"'''& rn~ vo.~~ CAA ~v~ ~.~ ~'f. ~~~~ ~~~ -.c:I-V_ OffRAYBEACti ~-/5-~ r I .. . . . .. ***** ~(~ef M-~Cily CITY OF DELRAY BEACH , , III! BOARD MEMBER APPLICATION 1993 2001 Please rint the fonowi infottnation: 1- lAst Name: ~u..t A Name . M.l, ..1. ~ 2, Hottl~ Address: ~ Code W ?'+ 3. Legal Residence: Zip Code. 4. Principal Business Address: City Sute Zip Code ,~~ N'E. l ~ Av<- DeJ ~k R- 3~~ 5. Home Phone: Business Phone: E-Mail Addrcss: Fax: ,,">:>\- ~~ 2-1.& ~q f"1 o ~ <? C (.)(L{L~ Cdl/ZL :, t; r -<-+ ~-, 0 ?-~'\ ~~'N- 6. Ar.e you 2. registcttd voter? ~ If 50~ where 21'e you n:gistet:ed? ~ 7. 8. ]..ist ;ill City Bo:rrds 0'0 which ~ou ~ CUIrt:Ddy sctYing or ha:<re previo1lSly &fiVed: (Please inclu~ d:lres) l \~ - 9. 10. List smy :related profession21 certifications and licenses which you hold: L-~ U!-v- Q ."-'~ 12 Descr:ibc experiences, skills or know\edgt: which. qtulify you to serve on. this baud: (plelSe attach a brief resume) .... "_ . J.. - ~+ 1 hucby certify tlut an the :above St2.c:emcnts are troe. and I 2g1ce llnd unde:rstand that any misstl\temcnt of rolltuUl facts cooblined In this ap tion may C'llUSC fodeiwrc upon my part of any appointment I ~y receive. SIGNA'fURE ,. Jt{.o~ DATE Note: This application will remai.o on file 10. the City Clerk's Office fOl a period of ~ fun:n the datl: it. was submitted It will be the appJjC2nc's responsibility to ensure that a cunene ap C Ii:JdAii 0 sarra,li.uC\90A1lll\.\nUCA'l'1llN .. ~<<) JUL 1 5 2004 I\~ \<; CITY CLERK JOSE N. AGUILA, A.I.A., NCARB AR 0015349 Home Office 800 SW First Court 134 NE 1st Avenue Boynton Beach, Florida 33426 Delray Beach, Florida 33444 (561) 737-8894 (561) 276-4951 QUAUFICA nONS Registered architect with over twenty years of architectural and construction related experience ranging from residential to large scale commercial and governmental projects, with proven abilities in production, project management and construction administration in both public and private sector. EDUCATION Bachelor of Architecture Florida A&M University, 1988 Bachelor of Science in Architectural Studies Florida A&M University, 1981 CERTlFICA nONS Florida Registered Architect , , MEMBERSHIPS Member American Institute of Architects National Council of Architectural Registration Boards WORK June '99 - Present, Project Manager/Architect, Robert G. Currie EXPERJENCE Partnership, Inc. March '98 - June '99, Senior Construction Manager, O'Connor & Taylor, Inc., General Contractors. September '93 - March '98, Construction Manager/Architect, City of Delray Beach. . March .83 - September '93 Currie Schneider Associates AlA. PA. Delray Beach, Florida, Associate, Project Manager. PAST BOARD Boynton Beach Building Board of Adjustment and Appeals MEMBERSHIP Boynton Beach Planning and Zoning Board Boynton Beach Downtown Review Board Boynton Beach City CommissionerNice Mayor Boynton Beach Community Redevelopment Agency Palm Beach County Municipal League , Treasure Coast Regional Planning Council Boynton Beach Planning and Development Board . - - - - - - . -. --- - - - ._-- -----. ....- ~- 06/13/03 FRI 12:56 FAX 561 243 3774 CITY CLERK ~OO2 . -- ~-/:J-~:) . Y-t:IfAP1 &J; J-e~f '1lfr CITY Of DELRA Y BEACH BOARD MEMBER APPLICATION 19~3 2001 infonoaaos:a: Namc 5 f/, J{)~ M.L - 2. Home Address: Ctty State Zi Code BOo 1lJ, 0 c.eJlJ AJ LvK) :tt.s-- :Oc~.R41 V<t' t='V1- '-~7~tY.i - , oj ..;) .;.;> 3. up Residence; Ciqr / Smrc Zip Code ~/TJe: /} fJlJ v~ 4. Principal Bl16i.oess Addre$s: City Slate Zip Code 2--03 0 I~ Dez(2A , &11?/-!- rV1 33~~ 5. Home Phone: B-M2.i1 Address: Cell Phone; Pax: ~81~64i13 Sf;i - 7t'Z - ~ -c.' -27~-~i:.j1 C5 If 10. 'Where arc YQU ~tcrcd? '.4 . $J- C-.' e 7, Whar Boud(~) He you interested in 5etVing? PJe.uc li4t in order ofpreEczc:nce: .5- rl,(' c. ~ ~ 8- 9, .:::>(.oL~ c:.c-O or bowJedge wh1cb ~ you. 10 ~ on tN& boud: (PJease UIlICb . blic:f reaume) Y'JO ~ ~ A- 20 -' ~~ .. -8~.s>~Gc: '// &=-', II:ta~emJ ue aue, and J ~ &M uoden:lllDd chat.ny ~ olmawial hem "",,<aU>< eom;....upoa m,!"" .(ur~ 1mor -.:;;/J3 t::?3 , DATE No~ This appIkation'>>'ill remAin on file in the City Ocrk's Office fot. period of '2 yean from the dAte it ~ J\Jbmitted, It wiD be the appliaot'. raponlibility to CDJ~ tlat. curn:nt .pplicacion is on file. ~ECEIVED ~nat< JUN 1 3 2003 ClTV CLERK . A~~ · g~Umd ~. , A~g~~ 9f1~~gtUz ~ /~~!!Z~ - ., . WE WELCOME YOU TO EXPERIENCE AMES DESIGN INTERN A TIONAL ShanC? Ames, multi-talented, creative and a Florida licensed Designer and Architect, formed Ames Design International in 1985 with his business partner, Maria Dechantsreiter. The finn has enjoyed tremendous success ever since, contributing approximately a billion doUars to the industry via the construction of luxurious, singl~ family homes. We were involved in the documented renovation of a historic house located in the PROFESSIONAL HISTORIC PARK DlSTRIcr, Del-Ida Park. in Dehay Beach, Florida. This gem became the home of our new offices in December 1996. Once completed, it was included in the Dekay Beach Historic Society Homes tour. -- Shane Ames specializes in vety high-end custom designed residences.. His work has been featured in most of the leading archit:ectnr.ll magazines such as FLORIDA ARCHITECTURE. UNIQUE HOMES and PROFESSIONAL BunnER, just to name a few. One of the models he designed, "THE WESTBAY," won five awards at the coveted "Pinnacle Award for 1990" ceremony at the Crocker Center in Boca Raton for BEST- ARCHITECTURE, BFSr MODEL, BEST INTERIOR DESIGN and BESI' 1ANDSCAPING. Shane's work for Interior Merchandising won the PRISM GOID AWARD in 1995 for the midrise, "La. Sanctuaire. " We are proud that the popular national magazine, FLORIDA DESIGN. has given us recognition via an unprecedented 20-page coverage on two of our unique single family residences in the Boca Raton area in their Winter 1995 issue (Vol. 5, No.3), a feature in their Summer 1997 issue (Vol. 7, No.2). We were featured again in the Winter 2000 issue (Vol. 10, No.4), and recently in the Spring 2001 issue, giving us special prominence via an IS-page article publicizing two of our homes. Shane and his handpicked staff serve an international clientele who demand the best in dramatic and sophisticated house design. Shane's impact upon the architectnral beauty of South Florida is evidenced by the several thousand residential designs in all the leading and prestigious Yacht, Golf and Tennis Country Club CommunitieS, as well as Oceanfront and Intracoastal areas. ..?t/of !WdzU$J~ ~$Jeao( .Y~JJ444 g>L-S6"~-..?74-6"444 AACOQ1720 . .Y~..f"6"?-.274-6"44.9 ..- .-. ~ -+ - - .--- - -- - - -- . ~ -2- - . - Shane designed the original Sales ~ter in the luxurious St Andrews CountIy Club, and continued with cre:.ting some of the most duplicated and sought- after models named "ARLINGTON," "HAMILTON" later renamed _ "OAKBROOK," , "MANCHFSIER,. -BARRINGTON,. and *MANSFIEID.. Shane designed about every fourth residence in the St Andrews Country Club. We :take you from your initial consultation through to the production of architectural plans, detailed interior drawings to securing the highest quality builder best suited to construct your home. We are committed to providing personal attention to all phases. WE WELCOME YOU TO EXPERIENCE AMES DESIGN INTERNATIONAL . . , I I - - - - -- ~----------- ----- - -- - . . A~_~~!7~h~ A~tf~~ ~~~g,k @rutI /@~ffZ~ - StlANE'S t!oM'ES GRACE COMMUNITIES SUCt! AS: - ; IN FLORIDA -- SANCTUARY, BOCA RATON . SUN' SURF CWB, BOCA RATOH . ST.ANDRewSCOUNTRYCLU~,BOCARATON BOCA BATH' TENNIS CLUB, BOCA RATON WOODFIELD COUNTRY CLUB, BOCA RATON WOODFIELD HUNT CLUB, BOCA RATON THE SEASONS;-BOCA RATON BOCA RATON POLO CLUB, BOCA RATON -BOCA GROVE PLANTAnON, BOCA RATON BONtELLO'S ACRES, BOCA RATON LES JARDIN, BOCA RATOH LONG LAKE ESTATES, BOCA RATON . LE LAC, BOCA RATON . BOCAlRE COUNTRY CLUB, BOCA RATON OLD FLORESTA, BOCA RATON BOCA MARIHA, BOCA RATON HORSESHOE ACRES, BOCA RATOH ENCAHTADA, BOCA RATON FOX LANDING, BOCA RATON ROYAL PALM YACHT' COUNTRY CLUB, BOCA RATON STONEBRIDGE COUNTRY CWB, BOCA RATON EAGLE TRACE, CORAL SPRINGS THE HAMLET, DAVIE ~I7J!i1~1J~ ~1Jeoo{ j7~JJ444 1 - [7J..{..,6'/-..?74-6"444 AACOO1720 jra.z<' .,6'/-.274-6'44.9 ------ -- -- --- -- - . .-- .- --- - - ---~ -- .--.------------- - .-- -- ... - ------ - - -- - - - -------.- ---.-- - .~.- . STONEBROOK ESTATES, DAVIE SUNSHINE RANCHES, DAVIE FOX CHASE, DELKAY BEACH - _~ PALMAS, DELKAY BEACH - MIZNER COUNTRY CLUB - . MIZNER'S PRESERVE, DELKAY BEACH DELKAY DUNES, DELRAY BEACH DELRAY OCEAN ESTATES DELRAY GOLF' COUNTRY CLUB, DELRAY BEACH . DELRAY ESTATES, DELKAY BEACH . STONE CREEK RANCH, DELKAY BEACH SEAGATE,DEUlAYBEACH THE HAMLET, DELKAY BEACH . TROPIC ISLE, DELKA Y BEACH ADDISON RESERVE, DELKAY BEACH BARCELONA ISLES, FORT LAUDERDALE -- CORAL ISLES, FORT LAUDERDALE DAWSON'S POINT, FORT LAUDERDALE -- - NURMI ISLES, FORT LAUDERDALE - ISLES OF PALM , FORT LAUDERDALE . SUNRISE KEY, FORT LAUDERDALE . EXOTIC ESTATES, FORT LAUDERDALE GREY OAKS GULF STREAM . HARBOR BEACH, FLORIDA . - :0_': ::-~~~--~---~HIGHLAND BEACH ROYAL COVE AT BOCA HIGHLANDS, HIGHLAND BEACH HOUYWOOD - - > ':'_:--, OCEAN WALK, HOLLYWOOD BEACH HYPOLUIOISlAND BALLEN ISLES, JUPITER 2 -- -- - . - ------.-- ~ . ~UPITER INLET BAY, JUPITER ANGELFISH CAY, KEY LARGO LANTANA UGHTHOUSE POINT . "MANAlAPAN . GOLDEN BEACH, MIAMI PIN ECREST , MIAMI GABLES, NAPLES QUAIL WEST, NAPLES . . QUAIL CREEK, NAPLES . ROSEMEAD AT WYNDEMERE ESTATES, IlAPLES WINDSONG HARBOR, NORTH MIAMI BEACH HIDDEN KEY, NORTH PALM BEACH OCEAN RIDGE DUNES OF OCEAN RIDGE, OCEAN RIDGE PALM BEACH HARBOR ISLES, PALM BEACH PALM BEACH POLO CLUB, PALM BEACH CASA DE MARBELLA, PALM BEACH GARDENS J.D.M. COMMUNITY, PALM BEACH GARDENS , FRENCHMAN'S CREEK, PALM BEACH GARDENS MIRASOL, PALM BEACH GARDENS : SAN MICHELE, PALM BEACH ~DENS CYPRESS HEAD, PARKlAND IN THE PINES, PARKlAND . PINETREE ESTATES, PARKLAND BEL AIRE AT GRAND PALMS, PEMBROKE PINES SUNSHINE ACRES, PlANTATION - . -- -.-LONGBOAT KEY SORASOTA , LAUREL OAK, SARASOTA PRESTANCIA, SARASOTA 3 --------- ---.~------- ---- ---- --. .. -- ---- -~. - . - - -- -- -- -- -------- -- -- -- ------ ~ '- ---. -- ---- ------ -- -- . PEBBLE BEACH, SARASOTA SINGER ISlAND WILLOUGHBY COUNnRY CLUB, STUART STILWELL ISLES - - PROSPECT PARK, TEQUESTA EQUESTRIAN CLUB, WEWNGTON WELUNGTON BREAKERS WEST, WEST PALM BEACH . EGRET LAKES, WEST PALM BEACH . WESTON HILLS COUNTRY CWB, WESTON .- . . 4 . -- - - -- . OTI-I ER STA ill TH ROVGHO\lfTI-I E V.SA. lAHONrAN, CAUFORNIA . ASPEI,COLORADO . - BEAVER CREEK, COLORADO , DENVER,COLORADO , CHICAGO, IwaOIS L'ESPRIT, LA GRANGE, KENTUCKY . WARDS POINT WEST, 1I0RTH CAROUNA . MARION, OHIO BATAVIA, OHIO CITY OF LAKEVlAY, TEXAS VIRGINIA BEACH, VIRGilIA -- . . . . . 5 -- - ~ - - -- - ~ -- - - --- - - - - - - - - . -- - ---------- .-..........- - -- - - - -_.~ -----. --- ~ . -- --- . . .' . . . I . INTERNATIONAL LOCATIONS. .. . D .' . . . FREEPORT,8~ ; IlASSAU,B~ LYFORD CAY, IIEW PROVIDENCE, BAHAMAS ~ OCEAN CLUB ESTATES, PARADISE ISlAND, GRAND BAHAMAS ST. JOHN, U.S. VIRGIN ISLANDS . . ST. THOMAS, U.S. VIRGIN ISLANDS CURACAU, NETHE~lAND ANTILLES ST. MAARTEN, NETHERlAND ANTILLES WOODBRIDGE, ONTARIO, CANADA . QUEENSTOWN, -IIEW ZEAlAND LUGANO, SWITZERLAND - MONACO, PRlNCIPAUTY OF MONACO . - - : , . , - . '. . - 6 . - . . . Ante-> ~~ !7~wnd .A~g~~ 9'if~~g~~/~pz~ - <7 COMMERCIAL PROJECTS IN FLORIDA ; Health Spa & Massage Center, Boca Raton ~ State-Of-the-Art Dental Office Facility, Boca. Raton . A State-Of -the-Art Veterinary Oinic, Boca Raton A 34-unit Townhouse Complex in Deerlield Beach 100 Quadraplex Units in Boca Raton Affordable Communal living Facilities poss~ly located on Disney World Property in Orlando Award winning "Casa La Brisa" 5-unit Cowtyard Town Villas with individual pools in Dekay Beach (off Adantic Avenue) "Seagate," a 14-unit Town Villa Complex in Delray Beach 12-story Townhouse Condominium Complex in Highland Beach . 1O-unit, Five-Star Condominium, Via Marina Umrtyard Townhouses, with docks on the Intracoastal WateIway in Delray Bea.ch Another award winning Multi-Family Bermuda S~e Courtyard Townhouses, .St. George's Landing" in Delray Beach .Place Des Arts," a 5-story IUXUIy Condominium on Hendricks Isle, Fort lauderdale Two Video Warehouse Concept Stores in Delray Bea.ch and West Palm Beach Three "HaircolorXpress" Beauty and Hair Salons in lighthouse Point, Marpt.e and Coral Springs The Amadeus Gourmet Bistro, Pompano Beach Thscan Wine & Pasta. Shoppe, Pompano Bea.ch ..?t7J!W~~~$j~ Y~JJ~~~ 1 9'~ S6':/-..?7~-6'~~~ AAC001720 Ya.t<. J'6':/-..?7~-6'~~.9 . Two uniquely designed Card Shops, one in Wmd Song Harbor, NoI1h Miami Beach and the other in Ocean Walk., Hollywood Beach A 5-stOlY Inxury High-Rise named CUte Renaissance at The Oceans Edge" in Dekay Beach .. . - Architectural Design for many of the <<Aragon" Luxmy Condominiums in Boca. Raton Architectural Design of a two-story 4-unit Penthouse at the -roscana" Luxury Condominium in the Sky, Highland Beach Inxury 2, 3 and 4-story Townhouse Complex Resort, plus mstom single family homes in "Gardens at Highland Beach," Highland Beach . . Eevarions and Hoor Plan Redesign and Renovation of--nte Estuary" Inxury Townhouses on the futracoastal Wa.t.erway in DeJray Beach Renovating and Redesigning an existing Office Building in the heart of Downtown Delra.y Beach into Inxury Mini-Apartments. Renovation Design for the Sheraton Four Points Hotel in Pompano Beach - Design ofEJevarions and Hoor Layouts for the Hampton Inns Hotel Cllain State-Of-du~Art .Pearle VISion" Eye Center in Boca. Raton, #1 in the nationwide chain A family oriented total Resort Hotel with a Dinner Theatre and Shops designed with conversion to Casino in mind, Orlando Area Renovation of the <<JIelen W1Ikes Hotel" in West Palm Beach . . . 2 -- - -- - -- ..._....-.----~ - ~ - --- --' -- ---~-~- ------- -------~ ------~------------ --.- -- - ------~-~--~-- - . . . . - <> , COMMERCIAL PROJECTS - NATIONAL & INTERNATIONAL " Bahamian Resort in the Bahamas ~nique Bed & Breakfast Concept Resort In be marlteted nationwide . .- - . . . . , 3 -......-.~~-- - - - ......---- --..,- - --...... -~------...--- - - --~ -- - ....--..--...........---- ~- . - - -. DElRAY BEACH . .. 0 . , 0 " ***** All-America City CITY OF DELRA Y BEACH 5~ ILl -cJ0 " III! BOARD MEMBER APPLICATION 1993 2001 Please tint the followin information: 1. Last Name: Name ML 2. Home Address: Zip Code 33"T'~ 3. Zip Code 4. Principal Business Address: City State Zip Code fi7ET.. 'ReD 5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax: - 06/... t: 7h-S5'" If so, where are you registered? 7. - - 9. Educatlonal qualificatlons: 10. List any related professional certifications and licenses which you hold: 11. Give your present, or most recent employer, and position: 12. Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach a bnef resume) ~.l) ;D"IANNIA/G J30gRJl MeM/BL:;~ BDnAdJ) M / . . - . ~ 0 I hereby certify that all the above tements are true, and I agree and understand that any misstatement of matenal facts contained in this application may cause forfeiture upon my part of any appointment I may receive. -?cudLL t!://V~ ~ GNA TURE Note: This application will remain on file in the City Clerk's ce for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to enslJ\1l.tfat a7ctN04t appl1cation is on file. S\CITYCLERK\BOARD\APPUCA TION CITY CLERK 1955 N.W. Tenth Street Delray Beach, Florida 33445 May 14, 2004 "~ Karen ScheU Bxeciiii~Assistant ... -,- , 'City ,otDelnlY Beac~ , lOO:N"W: lofAvenue ~:B~Fioqda 33444 ~~ SeheU: t ~y beli~e'inparticipation in t4e community. Perhaps my previous experience can be useful on one of Ad\risoryBoardS ~ The city ofDelray Beach. ' " ' ' -' -:>" - - - - , piANNINGBOA'R1)~ ~~~4, otT~~ of~lm:9rpOrated Vtllage:ofR~sJYn;:Nassau County, New York, appointed me as ;~pj~ oNhe Pl~ Bb'atd~ii11297~ Jserved luitil)'luitr'2003 when I left Roslyn to live in Delray B~,' . 'The;~o.~in Pi~Boaidiis'~:-:Jl8~CY ini.!p\~ use, ~~visiQ~ Site,plans and plats and ~g; . :,..mooct--ls -guid&1-oy tl1:e.Masief"pi~\ili:!phJt~g~flUiisld~ waterfront, historic vistas and its . , afuhiiCclurai heritage, which mclude seven'pre..Rev'oilrtionifY structUres and one-hundred-ten pre-Civil War buildings in its four Historic Districts. ~~}I'~~ LAB(1)R ~LA;TlONS: ...~ :':, .,r-. l served as one ()f four Shop Stewards at large'iep.~sentjng Local 'No.3 International Brotherhood of Eteetii~ Workers. AFI...-eIO/Inan ~~ent ~t!l'PliUiPs Medical Systems of North America. The Union rePre~ts one-hundred-six X~~YServiCe~' B~~-1983 and 1995 I_participattd-infour fuU:contplct negotiations; from negotiation of positions to , .- ~~Jo counter p~opo~ and-r~innie.nda..tiqris fO('c1ll),pr9Va1. I ~ have ~ence in monitoring .c9q~ eompwmee,:tlie gri~~Ce pJ;'~ ~:~>r~~~gC9nmcis-betweenmemberS andmapagement. - Sincerely, y~rPf~ Paula Aridas .... -- -' -.- ---- ,- - - - -.... -- .'O- --.'O--, .. _'O..- ..,,..,;;- ... ---- --- --'" ." A~.a. .r:l~r=_sllllll_I.....~A ~.J~1I~.1~. .r-""1'.'_~1~1I~:.-~ . 12/16/C3 TUE 16:09 FAX 661 243 3174 C J TY CLERK ~OO2 p\l~':~P! ftit~ CITY OF ~ELRAY BEAt;H BOARD fdEMBER APPLICATION " '1993 .2001 Name" ([) A.u l D ~,L~ Qty S~ ~Code ~dU. 4.~ . $qp~ City S~te :up Code .c. Pandpal BusinesJ Address: ~ Stan: Zip Code :!~ tie. ~~./ ,., Ir4.tf 8 ~ c.L A-- '3 'I\f)" :BI1WCU Phone: E-MAil Address: <;en Phone: :)(1 Pax: )6/ nt d<1b3hO:)r"d. V-~', cJ I.I~ -'~77 01 t 3 -.J.b4C1 ;J -.1 / .., Are you . regina-cd vota? If &0. wbett uc you registered? a 0 a ~ 7, Whsi Bcwd(l) ue J~ in~ncd in 1CI'Vipg? Please lilt In 'older ol.prd'~ce; bDA-, P+-z- PH S ~~ 8. llat ~ Oq-lloards on which you an- cv.ncndy servinc or have ptniously Icrved: (pl~e include chces) ~,~ --' - 9. EducsQouJ qu.alifacations: CO./ At.J I 6> "~rJ~ ~ :JO u. ivc your prcseD" or moSt recetllanpJoyu...nd position: ~ ~ . . brief rewtn ) Q...--~V'L- 1.1'- Nofr. nus application ~ remain on 6le in. the City Oa:Jc'5 Office for. period of 2 J~ !rom me date it was submitted. It will be che applicant', re5pOMibllity1D cnIU1'C thst. CUttCDt appU~tioo il on file. ~ RECEIVED DEe 1 7 2003 CITY CLERK -~-- .. ~ DAVIDA. BEALE, P.A. ..Eaw ~ 3SS~~~ Ef>uik I ~ 01ea0l, ~ 331;83 TELEPHONE (561) 243.1477 FACSIMILE (561) 243.3166 EMAIL dab38@comell.eclu ADMITTED. CELLPHONE (561)213-2040 FLORIDA AND NEW YORK NEW YORK OFFICE- 750 THIRD AVENUE. 29TH FLOOR NEW YORK. NEW YORK 10017 TELEPHONE (212) 949-0203 OR (2121682-2288 FACSIMILE (212)682.2474 DAVID A. BEALE David A. Beale is a graduate of Cornell University (B.S. 1971) and Fordham Law School (J.D. 1974, Law Review 1972-74). He is a member of the New York Bar (1975) and Florida Bar (1990). David Beale is a member of The Florida Bar Association, New York State Bar Association, and Association of the Bar of City of New York. He belongs to the Entertainment Arts and Sports Law Section of the Florida Bar, where he is on the Executive Council and Chairman of the Publishing Committee. He is also active in the Media Law Committee of the Florida Bar, and the Intellectual Property Law Section of the New York Bar Association. M r. Beale has spent his entire career representing the needs of small businesses and their owners, the sizes of which range from start-ups to companies with $100 million in sales. His practice encompasses all types of corporate, partnership, employment and commercial agreements, including leases, property purchases, and financing agreements, as well as all types of litigation that relate thereto. He is able to work with clients who have sole proprietorships as well as partnerships and corporations, and to guide them through the intricacies of licenses, fictitious names, incorporation, corporate document requirements, employment agreements, shareholder, voting and buy-sell agreements, confidentiality and non-compete agreements, mergers and acquisitions and creditors rights. Mr. Beale can give guidance on vendor, service and software agreements, as well as negotiate and litigate disputes over same. On a personal level, Mr. Beale can advise and counsel on all types of matters, including wills, trusts, health surrogates, powers of attorney, living wills, and probate, real estate, rentals, name changes, bankruptcies, debtors and creditors rights and homeowner and association rights. When a client's need arises, he works with the best attorneys in the fields of matrunonial, personal injury and estate planning. Real estate closings can take place in his suite, with title work done by associated counsel. Clients of the firm are found in the areas of banking, publishing, distribution, marketing, licensing, food, drugs, cosmetics, restaurants, real properry, direct mail, fulfillment, accounting, non- profits, parry planning, catering, equipment sales and financing, and employee management and training. ~ He "has extensive experience in employment law issues, and spends a great amount of time counseling companies and their human resources professionals with questions concerning discrimination, harassment, disabilities, EEO, Family Medical Leave and Fair Labor Standards. If such issues cannot be resolved by counseling and negotiation, Mr. Beale has litigated all types of employment law issues. Mr. Beale is outside general counsel to a national and international distributor of magazines and books, employing over 1500 persons nationally. Mr. Beale has also represented national magazine and book publishers, and film and video producers, and has negotiated and drafted contracts for clients that cover every conceivable area of need, including copyright, trademark, rights acquisition, licensing, publishing, distribution, printing, mergers, and assets and stock purchase and sale agreements. He also has extensive litigation experience in state and federal courts allover the country in all related areas, which include infringements of all types, libel, slander, invasion of rights of privacy and publicity, First Amendment issues, unfair competition, as well as enforcement of contract rights in these areas. INTELLEcruAL PROPER1Y AND MEDIA PRACfICE David A. Beale is experienced to handle a wide array of issues and problems in this practice area, including representation of magazine and book publishers, distributors, fllm and video producers. The areas of expertise covered by Mr. Beale's practice include the following: * Trademark and Copyright Practice - This area encompasses everything from registrations, development, licensing, infringements and unfair trade practices. Experience includes litigation of all types, from the Trademark Office to federal court actions for infringement action, including the prosecution and defense of preliminary injunctions. * Publishing - The firm has extensive experience in negotiating both magazine and book contracts covering the following areas: publishing rights, printing, distribution, licensing and fulflllment. * Media - The firm can meet all need in this area, including, libel, slander, rights of privacy and publicity and all other First Amendment issues. * Television and Film - The firm has experience in development and production deals, as well as performance and location rights. Experience has included the clearance for production companies for copyright, trademark and location rights. Mr. Beale frequently develops new approaches to issues and problems, advising clients and litigating on a national level, while remaining constantly aware of the client's desire to remain cost efficient in today's economy. . .. , EMPLOYMENT LAW PRACfICE David A. Beale believes the most effective way to handle employment law claims is through a preventive approach. This means that he will work with each client long before any claims arise. If a problem surfaces, litigation can be handled in a cost effective and professional manner. In today's business envitonment, companies are recognizing that it is essential for an experienced lawyer to draft and/or review employment policies, procedures and provide training to all supervisory personnel. After extensive consulting with the client's Director of Human Resources, or other responsible individuals, in order to determine the problems and issues specific to each client, Mr. Beale will ensure that the client is prepared to handle the wide array of employment law issues that may arise. These may include one or more of the following areas of employment law: .Hiring and evaluaring employees .Employee Compensarion & fringe benefirs .Supervisory rraining .Employmenr terminarion .Employmenr discriminarion, and harassmenr *Employmenr contracts & agreemenrs Tide VII, ADEA, ADA .Drug resring .Employee personnel files and righr ro privacy *No smoking policies .Employee evaluarion *DlsclpllOary programs and procedures .Securiry issues * AIDS .Job safery .Family Medicall.eave Acr .Reduction in force; re-engineering .Compensarion & work schedules His loss prevention and litigation skills are needed to serve your needs, and work with your Human Resources on a regular basis (daily, weekly, as required) to create a partnership. No employer should face today's employment law problems alone. David Beale will always be available to be your partner in problem solving. . ~ DAVID A. BEALE, P A. Law offices 355 NE 5TH Avenue Suite 1 DELRAY BEACH, FLORIDA 33483 TELEPHONE (561) 243-1477 FACSIMILE (561) 243-3166 EMAIL da138@cornell.eclu ADMITTED- CELL PHONE (561) 213-2040 FLORIDA AND NEW YORK NEW YORK OFFICE 750 THIRD AVENUE - 29TH FLOOR NEW YORK, NEW YORK 10017 TELEPHONE (212) 682-2288 FACSIMILE (212) 682-2474- March 11, 2002 City of Del ray Beach 100 NW 1st Avenue Delray Beach, FL 33444 Dear Sir/Madam: Enclosed please find my Board Member Application for P&Z, CRA, and DDA, together with information about me and my law practice. I appreciate your consideration of my Application, and look forward to hearing from you. Very truly yours, DAB:dsl Enclosure RECEIVED - . MAR 1 3 2002 CITY CLERK L....tt.....~t ,.....t .&..::>C; __.._. ~--........ ~ ..'-'........&.~L...I~ ""''"'-'-'- r'~ .I<lt '-~ V""T ""'-"""'-'r' ~~- NON 11:37 FA! 581 243 J174 CIn' CLERK - 03/ZQ/04 j .d- 9-c?tr D8..tAY IlUCH &mlm ~ --hr r- ......... b:8:d Alima"'" CITY OF DEL.RA Y BEACH 'lilt BOARD ""EMBER APPLICATION 1993 .2001 infomnaoo: 2- 3_ II .... Oty StAte Zip Code: A,SS'l we..bb ItUC-l1uc:. 5V; bar. 2. Dd,. ~ 5. Home Phone~ Busmtls Phon~ E-Mail Address: ~/- , - , -53 z, sa ~'ff-O.sil 6. he you . n:gl&fdcd 'tl'ora? e 7. rJr.t ~(S) art } 011 ~t.ed in~? Pk.ue list in C?~~ of . oS , CA. \ ,..(:!.~....v'\. +, (} - 'S. c=.. ~J"\..: ~,>i. B~. " ~ - 8. list ill Oq- B ds OJ] ",,'hich l'OU. arc currcndr JCTVing Of luvr p<<Vioudy acned: (please include <utcs) -- ton r c.t;o') 804.rd. , crg-Zoc:o zoo Z- . 9. EduatioIW.qu.ali6carions. 10. List any rdaed professional carificauons and licCl1ses which idu hold: J,.. SI1/ 2 - 0 t c. - . - 8 B", .. ,"AJ ~ . Lal.' ,- z.. t I. Give yo~ P",c:ru. or moSt recc:ot cmploy~. and position; . G te- ( =- C c:..", ~T. A.JC:.. Nou:: -D\i$ application will remain on file in the Gty Ottlc's Office: for a paiod of 2 yan from the dine it wu &ubmined.. It "Glill ~ the ~pli(:aD(" ~sibility to eosutr mn a (:1]rTCDt applicaoon is aD 6k_ ~1lllM RECEIVED MAR 1 9 2004 CiTY CLERK . . <:2. ~..., ~ . ................-r- ~..~~. ,-. ~~~ --..-. ____I - ...--...."...... - ---- .- - - RON BRITO, GENERAL CONTRACTOR 198 S.E. 2ih Avenue Boynton Beach, Florida (561) 441-1767 WORK HISTORY: 1965 -1979 Fourteen years as a framing and finish carpenter in Riverside, San Bernardino and Laguna Beach, California. Production framing on several multi-family complexes. housing tracts, and high quality custom finish work Seven years as Carpenter, two years as Leadman, jive years as Foreman on new residential and commercial projects, as well as renovation... and remodeling. 1979-1983 LICENSED BUILDING CONTRACTOR/CALIFORNIA Lic. B-388997 Spent five years subcontracting and running framing, siding, trussing, floor joisting, and slair installation on multi-family complexes from lar~e contractors. During this time, I contracted new single-family homes, additions, remodeling. commercial roofing, and commercial tenant improvements 1983 - 1985 Job Superintendent on cuslom housing in the Nashville. Tennessee area for one year. Subcontracting framing, trussing, and sidingjobsfor the next two years. 1986 -1989 LICENSED GENERAL CONTRACTOR/FLORIDA Lic. CGC-047369 Worked at 'The Township" as Punch-Out Foreman for one year. Worked for David Jones Construc/iun at Gleneagles, Polo Club as Lead Carpenter and Foreman. for one year on 32 eight-plex wood frame multi-family units. Worked for Davis Brothers as Superintendent on Brighton Lakes in Boynton Beach. building 36 wood-frame duplexes. Constructed custom housing from Manalapan to Sf. Andrews, Boca Raton. Received General Contractor '.'I License in February 1989. 1989 -1991 LICENSED GENERAL CONTRACTORlU.S. VIRGIN ISLANDS Lie. 2-01392-92 Traveled to St. Croix after Hurricane Hugo for 5 days to bring supplies and help restore power and water /0 units of condominiums for a friend. Agreed to come back (0 restore two houses. Restored fourteen residences, two commercial buildings and six rental units. Also completed work in Sf. Thomas and Sf. John on custom homes. Acquired General Contractor's License in Ihe Virgin Islands in February 1990. Returned to Florida in July of 1991 and began new additions and remodeling projects. After Hurricane Andrew, I opened a .field office in Miami for restoration work My Miami office completed 16 residential restorations and about 32 roofing projects. . ---- ~ ~ -' -- - . - . - --, -..--. t - --- --...-.. ----.- ------.- ---- ,- - .. RON BRITO, GENERAL CONTRACTOR Page 2 1992 -1993 Was asked to take over operations of Falkal' Construction as General Mgr. and to qualify the company. Falkav Construction was, at that time, under contruct with the City of De/ray Beach for the new Tennis Center (2.5 million-dol/ar contract) and was engaged in school projects for districts from Lake Worth to Miami-Dade County. Although, after a thorough research, I decided not to qual~fy Falkav, f brought the Delray Tennis Center to substantial completion in timefor the Virginia Slim Tournament, and all of the schoo/jobs were in line. /994 - present Owner and President, Enterprise Contractors, fne. Enterprise has completed many local residential and commercial projects since it's inception. including new construction, additions, remodeling and historical renovations (such as the Sandowa)' House Nature Center in Delray Beach). Tn August 1995, f was appointed to the Construe/ion Board of Appeals in Delray Beach, alld I was the Board's Directorfor a 2 year term. I'm still serving on the Boardfor 2003 to 2005 PERSONAL HISTORY: f am 57 years old, married, and have four children. J have MO years of college, majoring in Business Management. I am an active member of m)' church (SDA), where J have been a Deacon for 14 years and am currently a Sabbath school teacher for young adults. I also sit on the Church's Building Committee. I own a home in Boynton Beach, where my family has lived for 19 years, and I am a member of the Architectural Review Board for the Vernon Heights Property Owners' Association. I am also a I8-year member of A.A. and am active on several committees. Tennis. surfing and jogging are my favorUe pastimes. DELRAY BEACH ./IHy . .. 0 .. lOA -N**** 5-/0'-t:Jb All-America City , till! CITY OF DELRAY BEACH BOARD MEMBER APPLICATION 1993 2001 Please rint the followin information: 1. Last Name:Coe::-~ Name~ ML ILl/- 3", 2. Home Address: City State Zip Code I z-03 ,vt: 9 t-/; A-.,e . ?> e.1 i3-e.A- ch '?'- 53<J$3 3. Legal Residence: City State Zip Code ~ 4. Principal Business Address: City State Zip Code 5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax: -5" I);). ""?-6- $0 13 6. Are you a registered voter? If so, where are you registered? AIO __ 7. What Board(s) are you interested in serving? Please list in order of preference: , ?/a h/1( $tH!.- . /<:l./l R. e. v ; e<.LJ /1nd eA~ce /JJ. or:- ,qc/ (/~ ~. List all City Boards on which you are currendy serving or have previously served: (please include dates) NoNe 9. Educational qualifications: Voc.rO~ .- C Ph. el- f' ~'.s (/Q C rD e.. ^?.4~ 4T LAw, 10. List any related professional certifications and licenses which you hold: r'/cn,'J.A 13n-!fZ... (CAn&d-A1--e --.s-vl.'o _ C~h-eC1 C.ourr /"f-e.cYA4-02. /2-eA/ - ;7t7I rG t.,( 'c.e--n.:>e . - 11. Give your present, or most recent employer, and position: ?Rlm I~'cr Ctrrr r A- ~.s C ~. u'r. W -e. 5"-- 0-- c< /"-/o;n . d4 ~. Le...w CI-uz.K- ( b"o z- 12. Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach a brief resume) /frdti . cui ~rn4 <?x err'erlce,6 , - ,. n C~ro SOu....7:> 4~'c4 iVn...l V.di. Goocl . -'?? e.~' /1riJ1?- - Know/eel oC cu/r-vrM 04-1' <:!JA7d /e nt' &~("'-e..S' Yl,C-r ~:nO(.)J I./L cl of /2eAl cE~ ~ /0 <;lkU. ,rl<-R.n r /.-7 5/~ ~es I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts contained in this application may cause forfeiture upon my part of any appointment I may receive, "e~ ~ ;- ;t/CJ4'. - AGNA DA E1VED Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibt4ft{to1e"~~at a current application is on file. ~ SlCITYCLER.ICIBOARDIAPPUCATION CITY CLERK Sara Co en 1203 NE 9lh Ave. Delray Beach, FL 33483 (561) 278-8013 saracoen@hotmail.com Objectives and Strengths I am an attorney with a Master's in Trade and Banking, and European Law, currently completing an LL.M on Taxation. I Jill be sitting for the Florida Bar on July '04. I am a Certified Country Court Mediator fluent in five languages. My interests include urban zoning and planning, real estate and property law. I have experience in mediation and arbitration, commercial law, conflict mitigation, judicial reform, and immigration. I have also worked with the World Bank and the United Nations Group. My strengths include: · Fluent in English, Spanish, French, Italian and Portuguese (written and spoken). · Excellent writing skills, good communicator and careful listener. · Comfortable working with diverse multicultural perspectives, and presenting alternatives for conflict resolution. · Doctoral Degree in Common Law and Civil Code System with professional experience in the U.S., Europe, Latin America and Brazil. Education St. Thomas University, Miami, Florida. Master at Law (U.M) in Taxation, Candidate (May '05). St. Thomas University, Miami, Florida. Juris Doctor Degree. The American University, Washington DC. Master at Law (U.M) in International Trade and Banking. Universit6 de la Sorbonne. Paris, France. Studies of Master in Commercial Law and European Community. International Court of Justice. The Hague, The Netherlands. Private International .Law.Certiji<:ation. Universidad Iberoamericana. Santo Domingo, Dominican Republic. Juris Doctor Summa Cum-Laude. Universit6 Paris X Nanterre. Nanterre, France. Bachelor in Arts in Business Administration of Tourism Enterprises. Legal Experience DISTRICT COURT OF APPEAL. West Palm Beach, Florida (Aug. '04). Law Clerk for Judge Barry Stone. 1lIE FLORIDA BAR. Cypress Creek, Florida. (6/01-10/02). TAW Clerk. Unlicensed Practice of Law Division. .:onducted. legal research, wrote memoranda and affidavits. Practical litigation experience drafting subpoenas, preparing pleadings and interrogatories, participated in depositions and interviews. INTER-AMERICAN DEVELOPMENT BANK. WORLD BANK GROUP. Washington DC. (6/93 - 5/96). Legal & Summer Intern at Budget and Evaluation Office. Project Consultant at Project- Analysis Department. Wrote internal publications regarding ex-post evaluations of judicial and social reform, and gender issue projects in Latin America. Worked with judicial reform projects, alternate dispute resolution, conflict mitigation and trade barriers. ORGANIZATION OF AMERICAN STATES. Washington DC. (10/92 - 5/93). Legal Intern. Legal Department. Performed research in the Library of Congress and wrote comparative analysis for the harmonization of regional legislation in intellectual property. SETERIE LUIGI BULGHERONI. Lake COmo, Italy. (7/90 - 12192). Legal Consultant. Silk manufacturing corporation. Prepared and negotiated licensing agreements. W orlced with copyright registration. Other Professional Experience YUPI INTERNEf INC. (Currently YupiMSN). Miami Beach, Florida. (6/97 - 6/00). Content Editor and Business Developer. Founding team member of company purchased by The Microsoft Network in 2002. Responsible for content. Drafted and negotiated strategic alliances. Prepared presentation for investors. CARDS FOR WOMEN. Washington DC and Dekay Beach, Florida. (6/95 - 12/99). Founder and Marketing Director. Specialized in reproduction of artwork. "'laced company on the list of top 100 US Hispanic Business. Client list included Walt Disney, Coca-Cola, Exxon and ~itibank. Participated in White House presentation for Hillary Clinton. CONSULATE OF TIlE DOMINICAN REPUBLIC. Paris, France. (1/88 - 5/90). Assistant to the General Consul. Handled commercial receipts and visa documentation. Served as liaison and translator for investors and diplomats. -f.(Jd / kr '7-/JJ,():) DURAY BEACH ....,.. 'bad "I-America Cl CITY OF DELRAY BEACH 'lilt BOARD MEMBER APPLICATION 1993 2001 ~Lt20'h - Ci State Zip Code ]jtyb C1-IJ- (2/1-'0 /1 FL '33 tt ?!/- 7. 8. --- 9. Educatiotul qualifications: I-J lG-fI r;:c.he>o Note: This applicttion will remain on file in ~~or a period of 2 years from the date it was submitted. It will be the applicant', . urc that . current application is on file. ~~nON RESUME FOR PEARL BUNNY MARKFIELD ELROD DIRECTOR RESEARCH DEPT:NATIONAL ENQUIRER NEWSPAPER (14 Yrs) REALTOR: COLDWELL BANKER REAL ESTATE (22 YRS) (multimillion dollar producer) PRESIDENT: MERRITI PARK HOME OWNER'S ASSOCIATION (4 yrs) BOARD l\1El~ER PROGRESSIVE RESIDENTS OF DELRA Y (2 YEARS) MEMBER SWINW REDEVELOPlMENT TASK FORCE (FROM INCEPTION) PRESIDENT BEAUTIFICATION COMMITIEE FOR TIlE NW/SW REDEVELOPtvlENT TASK FORCE) MEMBER DELRA Y LOOP a.CO-MANAGED lROLLEYS FOR OPENING DAY EVENT b.WORKED ON CLEAN-UP COMMITTEE DAY BEFORE OPENING c OF LOOP-PICKING UP GARBAGE IN SW INW SECTIONS c. WORKED AT DELRA Y FRESH MARKET WEEK PRIOR TO LOOP OPENING DISTRIBUTING ANNOUNCEMENTS OF TIIE FOLLOW ING WEEKS OPENING CEREMONIES MEMBER FUND RAISING COMMITTEE FOR 1HE MILAGRO CENTE~ <g-IO--c:J& oa1tAV BEACH . - Rcf9rJy rns4 ........ ..*** 'fifr CITY Of DELRAY BEACH BOARD MEMBER APPLICATION 1993 2001 . infomution: Name M.L . 2- a State Zi Code .lJty ''F I- ~'1B3 3. City State Zip Code /J~A $ t:1I C# t:.,- 8$ I' 4, City State Zip Code lkuA1 801ctl !:L- 39~(~ - - 5. Home Phone: Business Phone: E-M2.ilAddress: Cell Phone: Fax: St.1 3Jb r"$1 .s" l~ 321 L Carol n(ornhOM S" m. 5., 1'$ 6J Z,S. 3"~ 6. Iu~ you a registered VOla? 7, 8. List all Cit)" Boards on which you are currendy serving or luve previously served: (please include dates) 'I V N. IN ..s - 9. ..s~TE" O~ " 11. Give you~resent. or most recent employer. and position: . 1-#0 ~panE. A ~ft tJnvE ,fSSIS71ANI 12. Describe cxpePences. skills or knowJedgc which qu2lify you to serve on chis board: (pJcasc atuch . brief resume) . , ~ - .' - C, P(A.N I I rot( ~ - u W d elC.t:""D AlL J1jlNi Vc-1\ITVC€: 5'7771'1 13014 R./J N,bS. OF DIJA # ON OA/2n F ;J/IVE APPLE HAl-^, sre~ -p PLe-re-Q U=:7l Oe7C.S rJ? D i I heteby ccttify th2t all the above statements arc troc, and J agree and und~ dat any misst;atanent of miteria1 &ctS . in this appliation !NY ause forfdtutt upon my put of any appointment I may tteeive. f(-Io-df DATE t Note: . s appliatton will remain on file in the City Oak's Office lor a period of 2 years from the chte it was submitted. It will be the applicant's ~ VEtJhat a current appliation is on file. sv::rrY~TlON \~ AUG 1 3 2004 / He)'.}. 18 2004 03: 38PM PI D'l : TROJSERShOP. COI.1 Hi><: NO. :56127EFJ.26 f 11/16:(14 !1~ 10~11 FAX 561 24~ 37i4 CITY CLERK 7i//~~q., - - DEUlAY BEACH , . .. 0 ... . . '" , rfejzv ~s:~ , III I! CITY OF DELRA Y BEACH BOARD MEMBER APPLICATION 1993 2001 , Nimc ! I , S~ Cit-T State I i ... I. I I I . _~: t.i&t ~ Cl~ Bow:ls o~ 'which YQ\.i: ltn~ <:ntrcndy ~cr:-viug OJ: hav~ prev'ioucly served; {ple~e indude.~at.ef;) . I j I I -.- ~O. Lirt any rdared prQfessio021eercifia.tions 1'l.1ld lic-<:nses which you hoM: I - I 11. Give j'out preleu!:. 01: most re.;rp10ZCT., lI.Od posirioo; bt 'J ,^-I2.r <2 ~0tX 12 Dc.swe apalCIJA;o, skills or kn.~-kdge "\I..Weh qu:Wiy you to r;;etV(; on thi~ b02.nl: (PI~\l, au:adi a brief ~esw:ne) . - b yeO(3 '1 ni lIrc tv.:to;. !1nd I ~ and l1t\de.rstwd dut any mastaU:meut of ma~ factll fci",,,. "?~ my"", of "'y ",pain"""",I -ZlfJ ~ fdr I I DAIE I iitl V -5D 01:e: nua eppli~rion remain on file 1ll the City Cle:[k'~ Office [or 1. period of2 yc;ug " submitted. It will be dIE; applicil-ut-s respon~ibiliq to C11$u.re ma.l :a. '.:=,=1: application is on:Dl~ , , RECEIVED' fflJ~"~c"~' NOV 1 8.Z004 CITY CLERK {"".TV (""'I 1,::R\( --- - , /l(J(~~~{lJl DELRAV BEACH fl..'.'" tIaIIr:d AI IhA "--if CITY OF DELRAY BEACH r( '11It BOARD MEMBER APPLICATION 1993 2001 Please e or riot the followin infoanation: 1. Last Name: M.I.~, 2 Srt~ ~Jif45 3. State Zip Code 4. City State Zip Code ~911 H~afJ t)f!I~ 136Aa1 'FL- ?~I.f 5 5. Home Phone: Business Phone: Cell Phone: Fax: (,~I"'or~ V Y10"1I12. Lftfl-Z"llf 0 l{qtf.2~/lf 6. .ALe you a registered voter? ~9 t4f "' 7. 8. List all City Boacds on which you ace cun:endy serving or have previously served: (please include dates) OP c.~c- 055' e.Lf z. " 12 Describe experiences, skills or knowledge which qualify you to serve on this boacd: (please attach a brief resume) I hereby certify that aD the above statements ace true, and I agree and understand that any misstatement of material facts con in this app.c '0 cause forfeiture upon my part of any appointment I may receive. ndJ-f'4/0tj DATE { Note: This application will retmin on file in the City Cle~s Office for a period of 2 years from the date it was submitted. It will be the applicanfs responsibility to ensure that a current application is on file. ~ NOV -4 2004 CITY CLERK t- . 4870 S. C~calBlvd Phone 561-637-0136 DELRAYBEACH, FL. 33445 Fax 561-637-7902 E-mail: chuckh@dehaycoLcom CHARLES G. HALBERG Accreditations Certified General Contractor State of Florida Active since 1986 'Obj<<tiv~ To provide the community with a residential homebuilder'whose commitment is to quality, and. care Work E.~perience 1997- Present The Holiday Organization Westbury, NY VP of Coo$truction (2003- pFeSeot) Project l\'Jal!ager.tl'"'..2002) Projects, iqclude COlony at He~ton Beach- 159 single. fiunily hglile$, .. C0tO~y at Dell'ay Beach- 151 &(ggle familyhoqles, Colony Clulr - Apmments- Z14 reh~aI.including'3: story arid'toWnhomes- ,Colony - Preserve- 143 single family homes. *Oversee 17 person office staff including sales, construction and customer 'service *Establish and control bud~ets and payments to subcontractorS and suppliers *Plans and permitting including-site plan approval, amendments, water~ sewer, paving and drainage and building permits * Assist in design of house plans *Value e.eering of plans *Scheduling and quality control 1993-1997 Arvida Homes Boca Raton, FL Construction Manager As construction manager for this top tOO-builder in their high-'end.and country club. homes -at Arvida' s Westonoo~uriity, my lestx'>nsibm~ were: *Review and;'valueengineer house plans *Scheduling of subcontractors and suppliers *Quality control * Assist in feasibility stlJdies for new communities Projects included: Bay Pointe $.220 000- $-400 000 , ~, . Jardin n $ 220 000- $ 280 000- , - , Camellia Island $ 170,000- $ 220,000 1992-1993 Quality Construction Deerfield Beac~ FL Project Manger As project manager for the rebuilding of custom waterway homes after hurricane Andrew, my responsibilities were: *Evaluate damages and assist in processing claims *Budget and contract for all work: '.., Ch~es G. Halberg Page 2 (CODL) *Coordination with building officials and engineers * Scheduling and quality control of all work: performed *Work with homeowners and insurance companies to make sure all contractors and suppliers were paid Projects included: Intercostal homes in excess of$ 500,000 renovation 1990-1992 Southeast Architectural Defray Beach, FL ~artnerl Qu"ifier As partner for this high end-renovation company my responsibilities were: *Bid out and contract all work *Pemiit--Pfoeess~g for-all work *Ov~ee ~-fiel4 work -~Quali,ty" control 198~-lm . Weatherford! Walk-er W~Bl~nifiel~'Mt - ' Pi"oj~ct;~~a.g~ . As-project manager for this shopping- centerdevel~~r my-responsibilities included: *Plan r~~ew and desi~ *Pennitdng *Field SUt$etviStoD including schedulipg and quality control *Buy.out tenant finishes and coordinate su~ntractors *Process draw requests 1976-1987 Holtzman & Silverman Plantation, FL Fannington Hills, MI Project M;angerl Q~a1ifier As project- manager for this 90 year old, top lOO buil~er my responsibilities inqluded: · Site pl~ llpproval *PJ$-'~~~"~d;appi:()"als -~p~~ *Bqdgets 1md,~tltmcts . ~-Site-tievelo~ro~t _ _ _ _ *Fi~ld'su~sioir1nClqd~gsche4u1ing 3J1&q~~tY-ci>ntrol mclude4:work ~MicNgan, ,Floridaa;n~ ~esota ,Projects included: CUstombo~eSf'p~~uluCtion-ii9Illes; town homes, apartments, luxury condos, 10 story hi,.rise and-n~sing ,home EdU'cation ' -Michigan State University Landscape TechnolO'gy No degree acquired Stevenson High School Livonia, Michigan Graduated ---.-.. --.-.. L - ......... ***** - '.// -1-0 tj - All-America cl CITY OF DJ;LRAY BEACH CJo/&()k~~ 'lilt BOAR-D MEMBER APPLICATION 1993 2001 . infomution: Namc 2/LEc'd M.I. . Ci Zip Cody ~A-/!/c. DEL 3 J City Zip Code 4. hincipal Business Address: City State Zip Code E-Mail Address: Cell Phone: Fax: . - - -- .DEe , 10. List any reb.ted professional-ccrtificttions and licenses which you hold: ~ . 11. Give'your present. or 'most recent . ,- C - 12. Describe expericoces. skills or knowledge which qtWify you to'serve on this board: (please attach a brief resume) . I hereby certify tlut ~ the above i~t~ents are we. ~d la.gree ID~ ~den~d th1t any misst1tcment of JD2terial facts ~ this 7J;:;;/ CoUse fortcrt= Upon mjpart of any appointment ~ i it:. / ~GNATURE DATE ? I Note: This arplication.~ renWn o~ $~ in th.c City .~erkJs _ 9ffice COM 9\1 ~ fr~ the d2te it was sublTUtted. It will he the .pplicant.s responsloility to- ensure tha en app catIon 15 on file. ~AADV.I'PU("AT1ON NOV - 7 'n01 - CITY CLERK CITY CLEM~ --- -- 08/11/03 _ON 08:21 F~~ 681 2.3 311. /'" (;- f)')-tX:J 'I .4rch.tfCJ/ /lh(k.e/.\~ CITY 0' D.LRA Y al!ACH BOARD ~EM.ER APPLICATION 'tt' 2 1 . 1. 2- 3_ ~~ ~~o.-c:;..1.... J::'s... !. CcD Phooe: 5601-..2'7'-,,2'55 , 6. he you . tqictcrcd ~ttt? 7_ ....~ ~ . bdc:f taumc) llpU tt:.. ..,__...-...... 0 mateml &c1a u,~ (oc{Ctyft upon lIlT pet of US)' ~cu.dlt I __, ftC.Civc.. 4l~~ ~q<l3 DA NOte: nut appliution 1i'W remain on & in the at)' Oed:", 0 ~ for. pttiod of 2 ycan from me date it ... IUbmittcd. (c"l'i1l be cbc appllunco. RlpoDlfb.Diq CD allure th.u. CGrRQC appUc.aaon Ja on file, ~a..K.~_ RECEIVED JUN 2 7 2003 I CITY CLERK _ 06/~6/~003 16:56 561~794331 ROB','11 MG6LUlIl PA'~1:. 03 City of Del ray Beach Board Member Application Questions 12. One January 8, 1995 I came baCK home to Delray Beach. Within the week I was at City Hall asking the direction the city was taking as to the neighborhoods. I was directed to the CRA Chris Brown. who was then the director of the eRA. happily gave me the vision at the time, urged me to take a look at the Osceola Park. neighborhood and gave me the names and phones of locaJ contacts. Six months later I moved into my home in Osceola Parle That was eight years ago. Since then I have been President of the Osceola Park Neighborhood Association for 6 years of those eight years and am currently in that position. Osceola Park has come along way since the nights of return gunfire. A plan to rejuvenate the neighborhood has been promised to us this year, with wod possibly staning in 2004. As such I have attended various meetings and 'networked' with residents of other neighborhoods, including workshops for the SW Neighborhood Plan and West Atlantic Avenue. I've attended the Neighborhood Summits. I've been a regular participant of Mayor David Schmidt's quanerly 'Mayor's Meetings' for neighborhoods. I have also attended, the 'Leader's Summits' meetings when invited. Of coW'se, I've been in the audience of any number of Commission meetings and Annual Meetings for Delray Beach. More than this, in August 2003, I will complete my second. and final, two-year term as a member of the Delray Beach Historic Preservation Board (September 1999 - September 2003. I am also the HPB liaison to the West Settlers Historic District Advisory Board (February 2003 - September 2003). I took part in the Downtown Charette. Further,l was honored to be chosen as a participant of Visions 2010. I have the luxury of working in Delray Beach, only five blocks from my home. I am a member of a number of individual organizations based in Delray Beach - which brings me in contact with even more residents of Del ray Beach. I believe that through my various associations within the city that I have a sense of what the people of Delmy Beach want their city to be in the future. I have a sense of what it wiU take to ge.t it ~here. Since I arrived .back hom~ in Delray Beach. my efforts seem to have been to bring this City forward. 1 would hke to contmue to assist DeII1lY Beach in the future. h~ %~Jd '7 ....?....... 3 ".,.;:? -- !11<~:l he Oct f ci' +- . /0 - bl r -oS- {f",{t"c; a / I- paRAYBE. ~ ' · · . i)V} - baJ --/- /ilaf1tJt,jpKVeF"\- . Alf.Alnerica PleQ6e ~,brt1.( , III q p p l ! J' -31-<iV Of DELRA Y BEACH . re _______D MEMBER APPLICATION 1993 2001 Please tvPe or llOnt the {01l0win2 infoIm2tion: 1. . Last Name: Nvoof!E NameRofb0/J M.L I-f~ 2. Home AddrJl.,s: M ~fS~ S~te Zip cr;3 7 Cfv ,if1).L~S ~ 30 (--c, PL 33 3. Legal Residence: City State Zip Code . 7Qc> A-,uIba4.f A:v~ 30 f- c.. ~ J$M-C41 rL- 3348- J 4_ Principal Business Address: City S~te Zip Code !<-t n/lliJ. - - - 5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax: r: . . 11A' n _A~ -w?(}J.M 1. J. Pfc.tco~b()~ \. 04=> rP 7~ -9 781r - -Z 7IJ-tjz4-4 ~ -"1 - '- 6. Are you a registered voter? "-ILc/)v H so. where &rett!ou regx~tered? fV1-. Qvv( ~ Cfo/ 7. Wlut Board(s) are you interested in serving? Please list in order of preference: CD :; \ IE-.p(,M f<Zv' W 4<1.0 Al'lfA-IlA>>C1:. 1?<iAf?i>- 8. list aU Cit}, Boards on \\'hich you are currendy serving or have previously served: (please include d2tes) ~.}~ 9. Educational qualifications: (: : ) fIj S"' .;., - hI/G-t.f-)UfoO~ br1 Apnc./J$ UJ,/{JC.,W(r<( (}."L L U-rA./{.A 'f?A:-, Vt<f\.J~lrv(JI/- Ml~ M17A, 10. List an)' related professioml certifications and licenses which you hold: LkI f:-tJ t..(dAR.lf rtc- A{,Uf( $; ~ 11. Gi'\'e your present, or most recent employer. and position: J4J1>0-r/./- ~ IAsSd4#1S; fkfc~t;JJ 5~6-<GNJ/J A4~4--<- ~.(-4-ek:),,{/uvl L"orV.r (/Vf7AP,Jtf, 12. Desaibe experiences. skills or knowledge which qualify you to serve on this board: (please attach a brief resume) fl{{kf( J~ W./;UI'vUA.1 VA.{ As} O~vV ;} cJ() VAf tTJ IlIA (/~~ f'~ A~. I hereby.cettify that all the above statements ate true. and t agree and undcmand mat any missutcment of 1D1taW factS ~tion...y..use fod"ci= upon my pan 0( any appoiDanent I...y =cive . ~ tJ0r05~ -Z~ 2uo3 SJGNATIJRE DAlE Note: nus application will remain on file in the City Oerk's Office~~ liJ eD"s from the date it was submitted. It will be the appliC211t's responsibility to ensure t . current application is on file. 1'CJJY~11ON OCT 28 2003 "'ITV ~l t=RK DURAY BEACH II'i ~ . to 0 . . . .. be:d AR-AmericaCity "II J! CITY OF DELRA Y BEACH \ BOARD MEMBER APPLICATION 1993 information: - Name MI. /1/CIIAEL C 2. City State Zip Code YEAlUE DEL EAClI fL! 71l.f83 3. City State Zip Code bL- A EACH 3JY3 4. City Zip Code W~~r /fLJI"t I3pALH 3JLf06 5. E-Mail: 3Y-j/S1 6. @ 7. List all City Boards on which you are currently serving or have previously served: (please include dates) ~IVE f~ Y {/104Jrr i Pt../(- A-p'AttW; l3l.#lld/V 9. List any related professional certifications and licenses which you hold: I '1 if 1- - 2-ou2.. - '-tf-~ h{ J" -7-5" - 0 Z DATE Note: This application will remain on [tle in the City Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. 9 R Eeert>E.> UCATlON (/11 tJ. JAN 14 2003 J /Vl II 11 ,",'TV ~, ERK MICHAEL CHARLES OWENS 907 SE Third Avenue Delray Beach, FL 33483 (561) 272-8869 EMPLOYMENT HISTORY Palm Beach County Planning, Zoning, & Building Department - West Palm Beach, Florida April 1997 - November 2002 Planning Division - Land Use Planning Section Planner I (4197 to 6/98), Planner" (6198 to 11/02) Research, analyze, and interpret Comprehensive Plan elements, including future land use, transportation, economic statistics, and physical data. Responsible for oral presentations and written staff reports to various boards regarding comprehensive plan amendments, including text changes to the plan, and special projects. Prepare and produce detailed maps, reports, special projects, and graphic aids using ArcGlS and Adobe Photoshop software. Formulate and draft reports for special projects in support of planning proposals and positions related to long-term planning. Review petitions and site plans for Development Review Committee for land use interpretations and comments regarding residential, commercial, and industrial development in Unincorporated Palm Beach County. Managed the annexation process for the County. Responsible for monitoring of the Fire-Rescue Element. Palm Beach County Planning, Zoning, & Building Department - West Palm Beach, Florida November 1996 - April 1997 Planning Division Plannlna Intern Assisted Senior Planner with the implementation of the Glades Community Revitalization Program. Researched and utilized information and planning methods such as downtown land redevelopment, site plans, landscape beautification, and restoration/reuse of historic buildings to diversify the economy of the rural communities of Lake Okeechobee. - Prepared a Glades Coordination database and newsletter. - Compiled a map series as support documentation for special studies. - Assisted with short-term assignments such as preparing grant proposals. City of Tamarac, Florida April 1996 - Sepl1996 Purchasing Division, Finance Department. Intern ~viewed purchase requisitions for quotes on orders over $500 and wrote requests for bids and proposals for items over $10,000. Maintained telecommunications system and conducted special projects as directed. - Received, reviewed, prepared and/or submitted various records and reports including insurance forms, invoices, contracts, vendor lists, bid documents, purchase requisitions, requisitions reports, quote sheets, spreadsheets and correspondence. - Kept abreast of market conditions as well as new products, practices and product research in order to most economically and appropriately procure goods and services for the City. - Coordinated and supervised an auction for the City. - Assisted the Finance Department with reports and statistics for the Annual Budget Report. New York City Department of Parks and Recreation. New York, NY. 1990 -1995 Purchasing and Accounting Division. Purchasina Aaent Responsible for the selection and acquisition of various materials for the department, including computer hardware and software items for the MIS Division. Worked with Borough Liaisons to address and solve procurement problems. Effectively managed purchase of recreation items for the City of New York. EDUCATION Master of Public Administration May 1995 City University of New York - Baruch College. New York, NY. Bachelor of Arts in Psychology May 1988 Syracuse University. Syracuse, NY. SOFTWARE SKILLS Work with WordPerfect, Word, ArcGIS, Corel, Adobe Photoshop, & GeoMedia software packages References available upon request CITY OF DELRAY BEACH L&/e /!k..,!Zt13 BOARD MEMBER APPLICATION 3-d9-t?~ Please ' or tint the followin information: 1. Last Name: Name v..J ~ Ie ? 2. Home Address: City State tf>~ ~tU l?\~ -StV".Qcd- D~l Fl. 3. Legal Residence: City State -S -eo ~ ~IM-€.. - - 4. Principal Business Address: City State Zip Code ?Gt.\M-e.. - - Home Phone: Business Phone; Fax: kJo",~ - 7. 8. . dvY' -:S COL-14 . I hereby certify that all the above statements are true, and I agree artd understlnd that arty misstatement of materuu facts contained in this application may cause forfeiture upon mypart of an) appointment I may receive. ~d ,C:..A Z9; Zol!J 4- DATE Note: is app,hcation will remain on file in the City Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. 8'CITYCLllRK\BOARI>\.\PPLlCATION Samuel Resnick 2835 SW 13th Street DeIray Beach, Fl. 33445 Ph# 561.330.8419 Resume of Samuel Resnick 1. Education a) Graduated from City College of New York in Aug. 1949 with a Bachelor of Civil Enginering Degree. b) Completed various courses in Building Code Administration and code analysis. Theses courses were given by Building Officials and Code Administrators~ International. (BOCA) 2. Licensing a) Retired professional engineering licenses- Florida, Connecticut, New York, New Jersey ~ and Vermont. b) Retired registered architectural licenses- Florida, Connecticu~ New York, Mass., V ermon~ Delaware, Pennsylvania, and the National Council Architectural Review Board. c) Certified as Chief Building Official by State of Connecticut in 1979. 3. Organizations a) Was member of State of Connecticut Codes and Standards Committee from 1982 to June 1987. b) Adjunct Assistant Professor in Civil Engineering Technology at Norwalk State Technical College. c) Member of the construction panel of The American Arbitration Association. d) Member of the Palm Beach County Board of Education oversight committee on school construction from 1995 to 1996. 4. Experience a) Oct. 1991 to Mar. 1995- Consultant to the Mayor of Norwalk, Ct. See attached letter. b) August 1986 to Oct. 1991- Private practice as Architect-Engineer. c) March 1978 to August 1986- Director of Code Enforcement and Chief Building Official. d) June 1957 to March 1978- Private practice as Architect-Engineer. e) From 1939 to 1957- (except for two years in U.S. Navy and three years in enginering school) worked for various architectural and engineerin~ firms. , , ~ - :~~i-~;~~v~~1!~~;r1f{7~-a~~:~: ~~l~ ;~?~'" ~, OFFiC~'OF THE M~V:OR , FRA;NKJ" ESPOSITO. '!fAVOR. FQb1:'Uary 21 f 1995 , , . To Whom. -tt H~y (:Q~Cenl: , , . ~ ' , . . .. .... , .-~i~: le'tt$i i,s-by:lit1y 'Of ,intioduction to- a very fine aichitect~yineer fro. )to:nn\lkf ,Conn~eticuti Salt\Uel I{esnick" , ' ~sa.'-ret:ired from the ~ity in 19~6-'f:lfter 8 years of seryice as .the Dir~ct.or_-<:>f' ,1:be;~~pa~nt of c~a ~o~ent,,':.-rn 199~ h~ was-hire& ba;ck-.t;o'~e:__t;~e ~~~!:P~~llt,,~t::fi~:'a,~;}t~rt~:n.~l~~nt~,:f~r,:c?; '~J?,:~~i;~: ~(t';>~t9~~~!-~..-:3.~~~~~'::~!-~ .:".1.')".:---,1:99-5,)--, -'--DurJ..ttg-' tllJ.:S---?1:-rme:,' Sam's - '-dutJ...es~ 'J.D add1tion to ~"1.i'ig 'f1ly ~_~nS\ll_,:a.n:tl' were as "follows: -to ," , 1" " ~alyzed tlie' , 'operation of, , the .pepartlJ~t' , o't: <=ode',' Enforce:illent. and ., 'assisted the "Director of - . COd~' " BntO'l'Ce1ltmt tn '. Bqildlxiq -C~$ , int:~r~retati'()ns... , : .. ; , <' ~ . 2.. city 'COordinatw for. the' American -with nlsability Ac't (AD,A) ~ ",sUrveyed'" " ,: _ :a,ll city building-sf' -including- 'stih'oOls-i ,for 'c0mP1i~OEf ,with ADA. "also-r :,' ",:p):'epared tile 'Transition Pl~s Sharinq:methods' and costs to cOlnply w.ltli iJ)J\,.. . '. }fM. - , ;'3.., Mayor~s Liaison to. ~e Norwalk ~chool Building Committee 'W'lierei1l' all-,' , . cOll11l1ittee-l1\eet;ings were, attended.. -, ',,; ~.. City, repr~sentati,ve for the construction of the Concert- Hall. at City , - , Hall and :repair ,O'! water -qaItl.age 'at; . Rolitayton school.. > ., ~ ' ',~" ",Code 'and cost' ,analYsis of varIous school alterations aM aqt')itiQn w~ik;: ~. . . -. . , 1:'~" .'~s _ -lIcensed .ih. -'eonnectiQut~ l.le.w. ~ork '~nd Florida 'as' ~ :re9'istered ',~ -a~l!ilt~~, and ,ill, CQfuui91iiC'ut, - New: 'cYork,. New Jers~y' an~' IrJ:Ol;':l.da,_ ~~.,_,~, i~;px:<<t:!"e~~iQ~~l:",,~~bgi~~;:- :-, -lte ",'i-tL,.-h~lu,.,~:hL~ high,,:-,.reg~< . by "'tli~:..;:;iIl .- JuS- :i;'~rof~,~siQnal fi.e~d}lnd th~. ~~ty~ _, _. _ " .' ;:; ". . ' ~ I _.:. ~ . ~'.. _ _ . ~ .. ... . _ _ _ . - _ . _ -, _ ~ :-. '- - ~~ _ .f$8lIi Jiit$:~~n ari',';asset,'-eo" No~~k~ ,- We' are sorry to SEk-e: hj.la' J.e~ve'obut,:~e',,,,~s~ --<.:-.!'kiln, wJ.l,J:n his 'nl1W b~ ~:t~i;e"o~ F~orida.. - It .is wi-tll pride ~ha:t' r'~i~e' 'thr~ ':;:',--_ll:itt~ - of ,r.ecO'1\\R\en~a:ti-on' to -a lflan' -of Sam.' s caliber ~. Be "ill be an' '-&sset, -to ", - , ~ . , - ~ .. ~~_al}Y 'o~~~i~at.i_on, ~~tb: Who. he' beC;::~~Qs associated.' ' , :'", '~.~ - -:. ' ~~l.).. ., ' , , f';~;. :~po~itio . ~ - ~ .- At~tQR, , , "" " . ' .' , - ,. ,,- , , , ~. PoST Of;FK?i: e~x S l25- . l~S EAST A 'fE.-NiJE f-lOR'NAlK, ct ~6&'~Sl25 ",' Tf;LE?1:<<7NE ?oS-a$4. n~1 ' 11/16/~e04 11:~~ 9547864677 BUILDIHG PAGE 0~ ~1/1~!04 BON 11:26 FAX 561 Z~J J77~ eI1Y CLERK IdJ 002 O'EUtAY BEACH 41ft/or ~ All-AlnericaCfty CITY OF DELRAY BEACH , ~ tll! BOARD MEMBER APPLICATION 1993 2001 Please e or riot the foU info.tJlU.tton: 1. Last Name: J S.44z.a...tG N~e M.l. EffOMb 2. Home Addres3: Ci1y StRte 7.ip G~dc ?- '" D ,a...t,4c.. FA-e~'{; P.r: l> €LrJ4tl Iii4.#- h- iJ~ 63 3. Lt:gA1 Residence: City State Zip Code 4- Principal Business Address: City 5blte Zip Code too w AT~ur;c,. BLJ.,P.. f?t;)o/~ ~ Pv. 3)'o6t 5. Home Phone: "Busin~ss Phone: E.M....ul Address: Cdl Phone: Fro;:: >'It-z,lfrJZ79 7';-;'., 7,6- "'~J~ S~Z-4>.v6 .Jal'P-J- -F.?{-S .73-/7/7 9Ff~7Jt~":'~7l? 6. Are you u ~gisteIed voter? y;:- $' If so, whe.te are you registered? t/ ~ ~ .;'II- -BE~ 7. What Bo:u:d(s) are }'ou interested in serving? Please list in O!:dtt of preference: S Zp~~i C _' Lis~:ill C1fo.ards .on ~J:ll<:h you at~ ~ntl!..~~ or lE!-!~_pJ:cviO}J~Y s~ep;. (Plea.s.e. include !iatesl, _ -.lr '(;) '/'~' . .c-. 9_ <:-r 11. Give yow:: plesent, or most rccent employer, and position: 1;.. l &)- .p b- ~ i'*e- c:;:.' l2. Describe expeneacc6, skills or knowledge which qualify you to seNe on this boud: (pIC:l.sc llctllCh a. btie.f resume) C P~N .1:-~</~{~ ;., G c. . hI"': no;~ " ;"0 ' ~/ qf c ~,...~ .' :.A ~ b) [/r:;.? gtr~f/ # r /S l r:::: J2..<,- : hereby certify that all me above statements an: ttue, and r ~ ee :and UOdc:rghUld rh;l.t any mUlta~cme:nt of material filCTS :on i.n this appIicati 1Y cause forfciOlre: upon my pan of an)' appoinnnent I may ICCClve. ;ECEIVED -BP ~ c; NOV 1 6 2004 DKJ'E ote: This :a.t'plicltion will remain on file in the City Clerk's Office for :a. period of 2 years fronmf~tet:~R K submitted It will be me applicant"s tesponsibilinr to ensure that a. cua:en[ 2.DoliCltion ill on fill"_ 11/16/ ::!6E14 11: ::!::! '3547864677 BUILDING PAGE 133 - JEROME SANZONE 200 MACFARLANE DR DELRA Y BEACH, FL 33483 (561) :243-3299 OUTLINE REUME March. 2001 City ofPompauo Beach Building Official Present 100 E Atlantic Blvd Pompano Beach, FI.33061 March, 1989- City of Delray Beach Building Official March, 1002 l00NW 1st Ave Delray Beach. FL 33444 June, 1986- City of Oakland Park Building Official March, 1989 3650NE 12'" Ave Oakland Park, Fl. 33334 June. 1984- City of Pompano Beach Assistant Building June, 1986 141 SW 1St Ave Official Pompano Beach, FI. 33060 June, 1980- Self-Employed C onsrruction Consultant & June. 1984 RR 2, Box 816 General Contractot" Pompano Beach, FI. 33067 April,1978- General Developmenl CoIp. Director of Primary August, 1980 I III South Bayshore Dr Housing Miami, FL 33131 October, 1986- American Plywood Assoc. Sr. Intemational April, 1979 PO Box 11700 Field Scrvice$ Tacoma., W A. 98411 Representative August, 1965- Rinker Materials Eng. Coordinator Octobcr. 1966 805 N. Railroad Ave. Field & Fabrication West Palm Beach, Fl of Project3 Februa.IY, 1963- Lindsley Lumber CQ. Estimation, August, 1965 Steel Division DeOl.iling, Field Dania, Fl. Supcn.ision, Customer RelariolUl April, 1960- Security Planning. Inc. Sales Representative December, 1962 First National Bank Bldg. Miami, Fl February, 1960- Dade County Highway Estimator & FcbruaT)', 1963 Design Section Designcr 11/16/~alJ4 11:~~ 9547864677 BUILDHIG PAGE 134 June, ] 959- C & C Construction Estimator & Septe.mber, 1959 613 Tabor Place Designer Invest(lT Planning Corp. Sales Repregentativ~ 60 E 42ftd Street New York, NY JEROME SANZONE 200 MACFARLANE DR. DELRAYBEACH, FL 33483 (561) 243-3299 OUTLmE RESUME (CONT'D) Sept. 1958- New Y (Irk City Community Construction Tech., Jan., 1960 College ABS Degree 300 Pearl St. Brooklyn, NY Sept., 1955- - United Stales Army Corp of Engineers Sept.. 1958 June, 1954- Levy & O'Keef Mechanical Design Sept, 1955 171 Madison A vC New York. NY 11/16/~OO4 11::::::: 9547864677 BUILDING PA'x OS i PROFILE Date of Birth: August 27, 1936 Marital Status: MalJied Gcnaal Healdl: Excellent Military Sen,;ee US Army Corps of Eng. - Honorable Discharge. 1955.1958 Certification: Florida State General COlJtractors License #CGC-007690 Certified by the Department ofPTofessional Regulatiom in the Following areas: Building Code AdminislT3tor; Structural Plans Examiner and Inspector; Electrical Plans Inspector; , ) Mechanical Plans Inspector .' Plumbing Plans InspecTor c.A.B.O. Certified Building Official #913 Florida Board of Building Code and Standards Certificate #111 Building Officials Association Building Code Director Certificate #147 South Florida Building Code Building Official, ChiefStmcroral Inspector and Plans Examiner Scbool: NYCC'C A.B.S. Degree in Construction Technology Organiza tions: Florida Atlantic BUIlders Association Chairman of Affordable House Committee Govemtnental Affairs Committee: BuildcIS Association of South Florida Co-Olairman of Technical & Construction Committee Construction Spedfications Jnstitute Building Officials Association of : 1l/16/~OIN 11 : ~~ '3547864677 BUILDII-lG PAGE 86 Florida JEROME SANZONE 200 MACFARLANE DR DELRA Y .BEACH, FL. PROFILE (CONT'D) Boards: Broward County ConstrUction Industry Licensing Board Palm Beach County Building Code Advisory Board Palm Beach County Fire Code Advisory Board Fire Code Board of Adjustments and Appeals SBCCI By-Laws C<mlmirtee SBCCI Code Interpretation Committee SBCCI Ex.i~ting Building Code Comrruttee SBCa General Design Committee BOAF Resolution Committee Palm Beach County Hunicane Retrofit Committee Palm Beach COUIll)' plumbing, Elecrrical and McchaJ,lical Review Comm.ittee ICC International Building Code Structural Committee Languages: Italian, Spanish. Japanese and LatilJ. ) 11/16/~0e4 11:~~ '3547864677 BUILDIt.IG . PAt::iE 137 . JEROME SANZONE 200 MACfARLANE DR DELRA Y BEACH, FL 33483 CONSULTING CLIENT ACTrvITY us Dept of Agriculture Set up construction companic~ to build mass housing and train Personnel in Venezuela, S.A., 3 projects started. National Homes, Inc. Acquire product approvals for their system under the SBCCI and SFBC. Ryan Homes Analyze and solve construction problems. G.D.C. Analyze and solve construction problems. Heller, Weaver & Assoc. Evaluate buildings for condo con"'etsions. Genstar Developed site: pIau for planned conununity in S. Dade m Evaluated strucmres at Palm Coast in Bunnell. Fl. Approved as expert witness in Amcrican Arbitration and Federal Court. G.P. Analyze and solve probkms of construction applications. Northwood Industries Advised on marketing of construction products and gained code approvals. MarOlem Advised on marketing of construction products and gained Code approvals. Everglades Chemical Advised on marketing of construction products and gained O>de approvals. MCI-Carter (".osting Advised on marketing of construction products and gained Code approvals. CA. Marando Advised on marketing of construction products and gained Code approvals. Florida Division of Analyze, investigatE:: and evaluate projects as well as testify a9 Law Enforcement An expert witness for (he Construction FI<\ud Case ; i , 1l/16/~004 11:~~ 9547864677 BUILDING PAGE 08 .. ~" . JEROME SANZONE , 100 MACFARLANE DR. DELRAYBEACH, FL. 33483 , PROFESSIONAL ASSOClA TIOr::rS American CODcrete Institute (ACI) American Institute QfTirnber Construction (AITC) Building Officials Association of Florida (DOAF) Building Officials Association of Palm Beach County (BOAFPBC) Building OfficIals and C.ode Administrators (BOCA) Construction Specification Institute (CSI) Council of American Building Officials (CABO) International Conference of Building Officials (ICBO) Southern Building Code Congress Intemational (SBCCI) ! PROFESSIONAL CERTIFICATIONS Brow3rd County Board of Rules and Appeals: Building OfficiaV Plans E'Cammer Building Officials Association of Florida: Building Official! Department Director Council of American Building Officials: Building Official Florida Association ofPlumbing-Oas-Mechanicallnspectors, Inc. State of Florida. Department of Business & Professional Regulation: Building Official! Code Adminismnor, Plans Examiner. Inspector State of Florida, Depa.rtmcnt ofBwincss & PTofessional Regulation: Genera) Contractor State of Florida, Florida Board of Building Codes & Standards: Building Official RELATED INDUSTRY ACTIVITIES Building Association of South Florida: Co-Chairman, CoIl9tl'1lctloJ) & Codes Committcc 1980-81 Cllairman, Palm Beach County Fire Code Ad....isory Board 1990-94 Chainnan, Palm Beach County Fire Code of Appeals & Adjustments 1990-94 College ofardlltecrs. Engineers & Sluveyors Seismic CommitteE 1968-73 \ Low Cost Housing Committee- Puerto Rico 1963-68 11/16/~OO4 11:~~ 9547864677 BJILDING PAGE 09 President. Building Officials Association ofBro'll,'llTd County 1987488 President, Building Officials Association of Palm Beach County 1994-95 } Southern Building Code Congress International By-Laws Committee 1992-93 Southem Building Code Congress International C-Ode Interprecuion Committee 1994-95 Sourhern Building Code Conference Internarional Existing Building Code Committee 1995-97 Southern Building Code Conference International General Design Committee 1997-1999 International Code Council ICC n-rrERNATIONAL BUILDING CODE~Structural Comminee 1999- Present 1 , DURAY BEACH ~rn€1 .. .. 0 . . . " 1/19-1105 bad mr CITY OF DELRAY BEACH BOARD MEMBER APPLICATION 1993 2001 Please type or print the following information: 1. Last Name: Name M.I. Stanley Thomas M. 2. Home Address: City State Zip Code 29 N.E. 4th Avenue Delray Beach FL 33483 3. Legal Residence: City State Zip Code 932 Kokomo Key Lane Delray Beach FL 33483 4. Principal Business Address: City State Zip Code 29 N.E. 4th Ave Delray Beach FL 33483 5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax: 561 266-5989 561 276-6363 tomstanley@bellsou ~61 ~62-4111 561 276-8881 I~' one 6. Are you a registered voter? If so, where are you registered? Yes 932 Kokomo Key Lane, Delray Beach, FL 33483 7. What Board(s) are you interested in serving? Please list in order of preference: nity Redevelopment Agency, Planning ann Zoning, SPRAR, n n""T Ant"h . 8. List all City Boards on which you are currently serving or have previously served: (please include dates) None 9. Educational qualifications: B;A. Princeton University; J_D. Florida State University 10. List any related ~ofessional certifications and licenses which you hold: Member of t e Florida Bar, Real Estate Atty 11. Give your present, or most recent employer, and posicion: MacMillan &: Stanley - Attorney 12. Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach a brief resume) See Attached I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material.facts contained in this annlication may cause forfeiture upon my part of any appointment I may receive. ~~ --- ~A1IcJo/O~ - - '" _n _ _ - --. - - --- - -- ~NAru, ) - - - -- - - , Note: This application W1ll remain on file in the City Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. S1CITYCLERX\BOARD,APPUCA TlON 1\\15 1m , . MacMillan & Stanley 29 N E 4th Avenue Phone 561 276-6363 Delray Beach. Fl33483 Fax 561 276-8881 E-mafl tomstanley@bellsouth net Thol11as M. Stanley . . Education 1995-1999 Princeton University Princeton, NJ BA History 1999-2002 Florida State University Tallahassee, FL .Juris Doctor Professional 1997 - Summer Searcy, Denney, Scarola, Barnhardt, and Shipley experience Law Clerk West Palm Beach, FL 1998 - Summer Office of the State Attorney West Palm Beach, FL Law Clerk 2002 leon County Circuit Court Tallahassee, FL Judicial Clerk 2002 - Present MacMillan & Stanley Dekay Beach, FL Attorney Professional Member of the Florida Bar; American Bar Association; Delray Beach memberships Chamber of Commerce; Council of 100; Boca Raton Estate Planning Council; Palm Beach County Bar Association; Delray Beach Historical Society; Member of Real Property and Probate Section of the Florida Bar; Member of City, County, and Government Law Section of the Florida Bar; Member of Elder law Section of the Florida Bar Objective I was born in the Delray Beach area and was a 1995 graduate of the Atlantic High School International Baccalaureate Program. I have a vested interest in the growth of Delray Beach as a downtown landowner and businessman. 1 feel that my skills and knowledge as a real estate attorney and Delray Beach native will bring added depth to many of the City of Delray Beach developmental and review boards. Yl.Il.JNI.::Jl{\.b';:, CAI{LJtJ tAL & PAt,!:.. tJ:.: Ob/:':41 :':\jtJ3 1:':: 1 'j ~bl:': I".!. i':l~\j 06/2410~ 111E 10:45 FAX 561 243 3774 CITY CLERK ~OO2d5 tJ6. ..)-4- Pf!-~~~P! Cfj ij\.e-e~ ~ CITY Of DELRAY BEACH BOARD ,fJlEMBER APPLICATION 1991 2001 . Name loLL (I"";> :r 2- G SUb! ~ Code . f)n... tyOtiCe.q CH rsc :3 4~- 3. City Sate Zip Code - 4. City State Zip Code ~.:z.. I S- . fi (.ro I-JI....- ~L 334-4>" s. Home Phone: Business Phone.: Fa: ~ 1.:1 b" 44-D3. - 2,&-ot')4- 211.. - (.,f,o 6. /ue you . rcgilltered voter? 'I~'1 Ii so, where a.tt you registered? 'Pi &, /if f3GJJ GDvrv1i 7. Wh:n Boud(5) are you intaated iA serviogf Pleue litt in ordC1' of prefcrc:nce: 8. GO O.e., lEJ.v F. S I .-v <-<..,. '06 0 Z- 9. EdllcaaonaI qu.alificationr;;:l) G" Ltf'C/;e i C.A '- . t.Dv& ,VeX.ft?:frr:( b _ FA ~- . s. C. 1///20w//Y ~Fo "I,q 11. Give your present, or ~8t r-ecent empl $,/J Co-vs,,/{T ~ e>V6 F;-vii 12. Dcaail,e apcriences. 5kilh Ot which qualify you to 1et\rC on this board: (please lltDc:h . brief resume:) ~ -ZS- rS t?X ~I t..~ /'.....- 7)1'0'" C-<>--s7"'4:..UQ/~ /h/&N~ op/ C<"7l... m~ .. Note: lbis appliclllion 'Will remain on 6le: in die City Qak's Office for a period of 2 yc:a.n from the dau: it was subminc:d. It will be the: spplio..o.t" respoos.ibility (0 c::nsure th1t a currc:ot appJica.r:ion is on file. ~ > JUN 2 4 2003 CITY CLERK 'Jol -:'''1 _IJIJ':' .1_.1..:1 :'IO~ _ I _ I ;I:JU ,LIUI fI:If"".U.,::l'::- .~LIC.I -tHL .ot rr-l':JC. LI':, ANDREW J. YOUNGROSS 636 West Drive Delray Beach, Florida 33445 (561) 276-0274 EElJlCA TlON; 8/83 - 5/86 Florida Atlantic University, Boca Raton. Florida Bachelor of Science, Electrical Engineering Sf76 - Sf7S Broward Community College. Coconut Creek. Florida Associate of Arts Degree BEGlSIR.4T10HS; E.LT. - October, 1991, PE Georgia..l997, PE Florida 1997. PE Alabama 1997, California 2002, Virginia 2002.. South Carolina 2002- atl!LOXMENI:. September 1999 - Youn~oss. Cardenal & Assodates, Consulting Engineers LLC, Delray Beach, Florida Present ~61) 76-0274 resident April 1998 - Youn9,ross & Assoeiates. Consulting Engineers, Delray Beach, Florida (561)-276-0274 September 1999 Prest ent As president of Y oungross & Associates, I oversee all design documents and coordinate all work in the office. I continue to perform site investigations. meet with clients and design electrical and mechanical systems. August 1995 - R.A. Kamm & Associates, Inc.. Boca Raton, Florida (561 )-995-8636 April 1998 Project Manager. Principle My responsibilities at R.A. Kamm & Associates included. site investigation of existing as-built conditions, construction cost estimation, power distribution design. stand-'l power generation, power studies. submittal approvals. lighting calculations an layout design. design of automatic fire alarm and smoke detection systems, and field inspections. Other responsibilities included project management and electrical department head. July 1988 - Blakely-Ward-Stuckey of Rorida,lnc., Pompano Beach, Florida (305)-781-84-22 August 1995 Design Engineer My responsibilities at BWS include. site investigation of existinJ as-built conditions. construction cost estimation. power distribution design. stan -by power generation. CAD Maintenance. power studIes, submittal approvals, lighting calculations and layout design, design of automatic fire alarm and smoke detection systems, and field inspections. June 1986 - National Security Agency, Fort Meade, Maryland July 1988 Project Engineer. Design Engineer Leadershrrc Communications Systems Department: Digital hardware design engineer or a digital desktop telephone. The stud(.; and implementation of various encryption modules fO( use in microprocessor app Ications. Office of Faculties Engineering: site investigation of existing as-built conditions, constructioo cost estimation. power distribution design, load center sub-stations, CAD draftinfit power studies. design of automatic fire alarm and smoke detection systems. lig ing design and field inspections. Aff./LJMJ{).JJ..5.; NFPA. FES, IEEE CITY COMMISSION DOCUMENTATION TO: DAVID T. HARDEN, CITY MANAGER FROM: JEFFREY A. COSTELLO, ACTING DlR SUBJECT: MEETING OF DECEMBER 6, 2004 CONSIDERATION OF A PRIV A TEL Y INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS SECTION 4.4.3 SINGLE FAMILY RESIDENTIAL (R-1) DISTRICT, ARTICLE 4.5 "OVERLAY AND ENVIRONMENTAL MANAGEMENT DISTRICTS AND SECTION 2.4.3(K) "FEES" RELATING TO THE CREATION OF THE NORTH BEACH/SEAGATE AND OCEAN NEIGHBORHOOD OVERLAY DISTRICT. I BACKGROUND I The proposed LDR amendments have been initiated by the Beach Property Owners Association (BPOA). The proposed Design Manual was prompted by residents concerned about the adverse effect development trends could have on the character of their neighborhoods. These trends include demolition of existing dwellings, and construction of newer homes or additions to existing homes that are much larger than, and inconsistent with, the existing neighborhood character. If approved, two overlay districts will be created: The North Beach/Seagate District and the Ocean Neighborhood District. These districts will involve the majority of the single family zoned properties (R-1-M, R-1-AM) east of the Intracoastal Waterway. Small-scale renovations would not trigger the proposed guidelines. Additions/renovations which exceed 50% of the square footage of the existing structure would trigger the design guidelines. If the new addition/renovation is greater than 50%, but less than 75% of the existing square footage, it would be considered a "major renovation", and would follow the proposed rules. If over 75% of the existing structure, it would be considered a "new" structure, and would have to follow additional requirements. There is nothing in the proposed guidelines that would limit anyone from making exterior changes to an existing home. Additional requirements include a lot coverage requirement, an increase in the open space requirement, and a 10' increase in the front building setback for multi-story structures with a 5' increase for side and rear bUilding setbacks. There are also incentives for multi-story structures with rear attached or detached garages. The design manual provides additional landscape requirements for multi-story structures and gUidelines concerning architectural treatment, styles and lighting. The proposed district regulations and incentives are found in Section II of the Design Manual and the design guidelines are found in Section III (copy attached). Pursuant to LDR Section 2.4.5(M)(5), approval of an LDR amendment must be based upon a finding that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. As noted in the attached Planning and Zoning Board staff report, the proposed amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. I pLANNING AND ZONING BOARD CONSIDERATION I At its meeting of November 15, 2004, the Planning and Zoning Board held a public hearing regarding the proposed text amendment. The majority of the public testimony supported the proposal (15 residents) with 3 residents in favor of the proposed amendment with some changes to allow flexibility After discussing the amendment, the Board voted 6-0 (Klncaide absent) to recommend to the City Commission approval of the proposed amendment to the Land Development Regulations based upon the findings in the staff report. t RECOMMENDED ACTION I Move to approve the amendment to the Land Development Regulations (LDRs) Section 2.4.3(K) (Fees), Section 4.4.3 (Single Family Residential (R-1) District) and Article 4.5 (Overlay and Environmental Management Districts) by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations, with second reading to occur on January 4, 2005. Attachments' Ordmance No. 68-04, Letters of support/opposition & P&Z Board staff report of November 15, 2004. \GA. ORDINANCE NO. 68-04 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 2.4.3 (K), "FEES"; AMENDING SECTION 4.4.3, "SINGLE FAMILY RESIDENTIAL (R- 1) DISTRICTSI1; AMENDING ARTICLE 4.5, "OVERLAY AND ENVIRONMENTAL MANAGEMENT DISTRICTSI1, BY ENACTING A NEW SECTION 4.5.12, "NORTH BEACH/SEAGATE AND OCEAN NEIGHBORHOOD OVERLAY DISTRICTSI1, IN ORDER TO HELP REGULATE DEVELOPMENT SIZE, MASSING AND SCALE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on November 15, 2004 and voted 6 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.317 4( 4)( c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Section 2.4.3, I1Submission Requirementsl1, Subsection (K), I1Feesl1, Paragraph (1), I1Development Applicationsl1, of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended by enacting a new Subparagraph (bb) to read as follows: Section 2.4.3 Submission Requirements (K) Fees: Processing fees shall be collected for development applications. The fees shall be as established herein and as modified by ordinance of the City Commission. (1) Development Applications: The following fees shall be charged for development applications. All fees are cumulative and separate unless otherwise indicated. Combined applications shall provide multiple fees. (bb) Single Familv Overlay District Site Plan Review: $500 (1 ) Section 3. That Section 4.4.3, "Single Family Residential (R-I) Districts", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: Section 4.4.3 Single Family Residential (R-l) Districts: (A) Purpose and Intent: The Single Family Residential Districts have been created in order to provide areas where the traditional single family detached residence can be established and maintained and be protected from the unwarranted intrusion of other inappropriate uses. Further, the Single Family Residential Districts are established in compliance with provisions of Goal Area "A" of the Comprehensive Plan which calls for the preservation and maintenance of stable neighborhoods. The following Single Family Residential Districts are regulated by this Section: * R-1-AAA * R-1-AAAB * R-1-AA * R-1-AAB * R-1-A * R-1-AB (B) Principal Uses and Structures Permitted: The following types of use are allowed within the Single Family Districts as a permitted use: (1) Conventionally sited single family detached residences. (2) Group Home, Type 1, pursuant to restrictions set forth in Section 4.3.3(1). (3) Parking lots not associated with a use, pursuant to an adopted neighborhood or redevelopment plan. (4) Pocket parks. (5) Public educational facilities of The School District of Palm Beach County, pursuant to the regulations set forth in Section 4.3.3 (HH). 2 ORD NO. 68-04 - -~~ -- ~ (Q Accessory Uses and Structures Permitted: The following uses are allowed when a part of, or accessory to, the principal use: (1) Uses and structures normally associated with residences such as: bird aviaries, boat docks, dog houses and dog runs, garages, greenhouses, guest cottages, playhouses, pool houses and covers, pump houses, slat houses, storage sheds, tennis courts, swimming pools, and workshops. (2) Home occupations subject to the restrictions set forth in Section 4.3.3(K). (3) Family day care pursuant to restrictions set forth in Section 4.3.3(T) (child care, up to five children). (4) Home tutorial services subject to the restrictions set forth in Section 4.3.3(KK). (5) Recreational facilities attendant to a subdivision which is operated under a bonafide homeowners association such as: tennis courts, swimming pools, exercise area, clubhouse, and golf courses. (6) The rental or lease of a boat dock when the dock is assigned to, or on the same lot as each residential use on a one-to-one basis. (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the Single Family Districts. (1) c;hild care and adult day care. (2) Churches, or places of worship, and their attendant educational, nursery, Sunday school, recreational, and columbarium facilities. The foregoing does not allow establishment of educational and care uses such as elementary school and general day care; however, such uses may be established by a separate conditional use application for child care or rezoning to C.F., as appropriate. (3) Private educational facilities subject to the restrictions set forth in Section 4.3.3(HHH). (4) The use of common recreational facilities such as swimming pools and tennis courts, associated with a subdivision, for club or commercial purposes. (5) Single family detached residences in zero lot developments but only in the R- I-A and R-I-AA Districts. 3 ORD NO. 68-04 (6) Level I group homes. (E) Review and Approval Process: (1) All principal uses and accessory uses thereto shall be allowed upon application to and approval by the Chief Building Official for structures which require a building permit and otherwise complying with applicable use restrictions. (2) Conditional uses must be approved pursuant to the provisions of Section 2.4.5(E). (3) The creation of a new lot for the purpose of building a single family residence requires platting pursuant to 2.4.5(J) or (K), as applicable. (4) Within the North Beach/Seagate and Ocean Neighborhood Overlay Districts, all applications for single family residences. and additions and renovations that exceed 50% of the square footage of the existing structure. must be approved by the Site Plan Review and Appearance Board (SPRAB). pursuant to the site plan processing schedule provisions of Section 2.4.8. (F) Development Standards: The development standards as set forth in Section 4.3.4 shall apply. except as modified below: (1) In addition to the provisions of Section 4.3 .4(K). properties located within the North Beach/Seagate and Ocean Neighborhood Overlay Districts shall comply with the provisions of the adopted Design Manual for the North Beach and Seagate Neighborhoods. (G) Supplemental District Regulations: The supplemental district regulations as set forth in Article 4.6 shall apply. except as modified below: (1) In addition to the provisions of Section 4.3.4(K). properties located within the North Beach/Seagate and Ocean Neighborhood Overlay Districts shall comply with the provisions of the adopted Design Manual for the North Beach and Seagate Neighborhoods. (H) Special Regulations: (1) The height of accessory structures shall not exceed the height of the associated principal structure. Screen enclosures without a solid roof are excluded from this limit. (2) The floor area of an accessory structure shall not exceed 40% of the floor area of the principal structure. 4 ORD NO. 68-04 Section 4. That Article 4.5, "Overlay and Environmental Management Districts" of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended by enacting a new Section 4.5.12, "North Beach/Seagate and Ocean Neighborhood Overlay Districts" to read as follows: Section 4.5.12 North Beach/Seae:ate and Ocean Neie:hborhood Overlay Districts: (A) General: With the adoption of the City's Comprehensive Plan Amendment 99-1, Housing Element Policy A-12.4 was modified to state the City will provide planning and technical assistance to implement neighborhood-supported initiatives aimed at preserving the character of existing residential areas. Such assistance may involve the formulation of regulations that would limit the size and scale of new homes to be consistent with existing structures within a defined neighborhood. and analysis of the housing inventory to determine if the area qualifies for designation as a historic district. and similar measures. In accordance with this policy. a Design Manual was prepared for the single family zoned properties, east the Intracoastal Waterway, and was adopted by the City Commission on January , 2005. This section is created to implement the provisions of the adopted North Beach and Seagate Neighborhoods Design Manual. All development within the North Beach/Seagate and Ocean District Neighborhood Overlay District, as defined in Section (B) below, shall take place according to the provisions of the adopted manual. {ill Defined: ill North Beach/Seae:ate Neie:hborhood Overlay District: The North Beach/Seagate Neighborhood Overlay District is hereby established as the area zoned Single Family Residential (R-l). located north of East Atlantic A venue, south of George Bush Boulevard. east of the Intracoastal Waterway and west of North Ocean Boulevard (State Road A-1A) together with the entire Seagate Neighborhood generally located south of Bucida Road, north of Lewis Cove, between the Intracoastal Waterway and South Ocean Boulevard (S.R. AlA), less Lots 35 through 45, Block 5, of the plat of Seagate Extension. The regulations established in Sections 4.4.3(E)( 4), 4.4.3(F)(l) and 4.4.3(G)(l) shall apply to all parcels within the Overlay District. ill Ocean Neie:hborhood Overlay District: The Ocean Neighborhood Overlay District is hereby established as the area located east of Ocean Boulevard (State Road A-I-A), zoned Single Family Residential (R-l). The regulations established in Sections 4.4.3(E)(4), 4.4.3(F)(l) and 4.4.3(G)(l) shall apply to all parcels within the Overlay District. 5 ORD. NO 68-04 Section 5. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 7. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of ,200_ ATTEST MAYOR City Clerk First Reading Second Reading 6 ORD. NO 68-04 RECEIVED Steve Gravett NOV 2 9 2OO't Jeff Costello, Planning Department City of Delray Beach 100 NW 151 Ave. PLANNING & ZONING Delray Beach, FI 33444 RE: North Beach District and Seagate Overlay Regulations Dear Jeff: My name is Steve Gravett of 1101 Vista Del Mar Dr. N., Delray Beach, FI (North Beach District). Recently, a group of neighbors began promoting an "overlay district" in our neighborhood and the Seagate area. Thus far there seems to be romantic support for this idea. But I wonder if people outside the building industry realize what can happen with the sameness these districts always seem to bring. I have been developing property continuously in Delray since the early 1980's (Shadywoods-Circa 1981) and most recently in Downtown Delray-with Duvall Place (which you have assisted on). I have also built several homes in the proposed overlay district. As a builder and developer of over 29 years in Florida, I have had experiences with planning and building departments all over Florida. Delray's planning department and SPRAB are some of the most experienced professionals I have ever worked with. They truly have the eye of Del ray in their decisions. I believe my neighbors supporting this measure to be well intentioned. I have spent several hours combing through the data and reviewing the hidden consequences that lie within this proposed district. I would like to express my objection to this layer of added and unnecessary review and tell you why I feel this way. Overlay districts seldom deliver their promises; they are exclusionary and overtime become monotonous creating a sameness in appearance. A case in point, at least in my opinion, is the Royal Palm Yacht and Country Club in Boca Raton. My company has, over the years, built some icon luxury homes in this community. They have had a similar overlay district in affect for some time. It was created by the Homeowners in an attempt to restrict certain styles and "legislate good design". I believe you will find that most every new home built today in RPY&CC looks the same.....beautiful for sure, but the same. We are blessed in South Florida to have so many great architects working in close proximity to Delray. But, in Royal Palm CC the eye of the architect and his creativity is limited and suppressed by the committee or consultants that are the watchdogs for the bible that was created to standardize good design. Eventually, these same great architects get tired of expensive rejections and design to what they know will pass the committee. I do see some good ideas in the manuals that could very easily be added to current city regulations and produce the same results without having to restrict people's freedom of design. I am just as concerned as everyone about the character of our neighborhood and the so-called threat of "mans ionization." However, I think the city and its staffhave done a terrific job in managing all of Del ray. When you combine their experience with the large talent pool of local Architects I believe the city will continue to flourish and distinguish itself from other towns. Let's not take their professional dedication and water it down by applying a set of subjective rules viewed through the eye of one source. It sounds good but, it doesn't work. Thank you, ~' ~ Steve Gravett, resident of Delray Beach. 1101 Vista Del Mar Drive N., Delray Beach, Fl33483, PH: 561.789.3194 - --~---- Costello, Jeff From: Steve Mlskew [stevemiskew@rjsrealty.com] Sent: Monday, November 15, 2004 5:44 PM To: Costello, Jeff Cc: Dorling, Paul Subject: Proposed amendment relating to North Beach/Seagate and Ocean overlay districts Jeff, Per our conversation this afternoon... I own a home at 1012 Vista del Mar Drive. I do not live in the house and am presently in Maryland, as I have been for some time. I have just become aware of the proposed amendment relating to creation of design guidelines to regulate proposed massing and scale. While I endorse efforts at malntalning the character of the subject areas, and appreciate the concept of certain controls on volume and architectural design, these guidelines go beyond what is necessary to achieve the stated goals. To jump from 25% to 45% open space requirement, without exceptions for walkways, pool decks, grill areas, and covered patio/porch areas will unreasonably impact what I or anyone else can bUlld on my lot. It can render an otherwise pleasing, character-conforming plan unable to be dellvered, and ultimately have a diminutive effect on the value of my property. I believe the plan needs revlsion, and would hope that P&Z would not approve it in its present state. Thank you. Steve Miskew Steven c. Miskew Managing Director RJS Realty Group, Inc. 561-659-9771 ext. 102 1 j/U4 1:>:14 FAX 170123~37l:15 GEO E HAGGART 14102 /. GEO. E. HAGGi~RT, INC. . Phone 701-232-1989 FAX 7D1~78S . GENERAL AND MUNICIPAL CONSTRUCTION. 1802 Seventh Avenue Ncwth P.O. BGJl:1982 Fargo, North DeIrGta 581 a7 J:ACSIMllE COVER SHEET TO: Ca r~ G1.ic:l:s rein COMPANY: FAX NO. : 1-561-279-0611 DATE: 11-15-2004 NUMBER OF PAGES: ( inc 1 . cover) PROJECT~ Proposed Amenrnlent ~o Land Development Regulations sec~~on 4.4.3 Single F.;uni~y Resident:ial (R-I), Ar~ic~e 4.5 "Overlay and "ESSAGE~ Euvironment:al l!anagement: Districts" and section:. 2.4.3(K) "Feesll Rela~ing t:o th~ Nort:h Beach/Seagate and Ocean Neighborhood OV'erl~ Dis tric ts. I ovo a home at 1201 $outhways Street in Delray Beach. 1 wish to be counted as support:ing your amendment t:o the above referenced -regulations! My family built one of the first houses on, Souchways in 1955. Lately we have seen an erosion of our quiet: neighborhood as larger hames, condominiums and townhouses are being built. I wish the City Adminisr:.ratars of De1ray Heach would understand that. same of uS have supported t:he local community for many years. Now we need their help and protection ~o maintain our qua~ity of life in De1ray Heach. Sinc.re1~ Lt. J ; Jtf;: Haggan rr J ~r=rt:?'\/CD . . . NOV 1 5 2004 PLANNiNG & IOmHG FROIl: ------ - Page I of I Valek, Denise From: Bondx15@aoLcom Sent: Monday, November 15, 2004 8:22 AM To: PZmail@MyDelrayBeach.com Subject: Proposed amendment to land development regulations sect. 4.4.3 Dear Members of the Planning and Zoning Dept., I am not able to attend the meeting tonight at 6 PM, but would like to let you know that I am very much in favor of an amendment that seeks the creation of design guidelines in order to maintain the character of the neighborhood. I am so happy that there is a possibility that this could come to pass. I live at 622 N. Ocean Blvd. I purchased our house two years ago. Thank you for your consideration of this important amendment. Sjncerely, Ina B. Bond 11115/2004 RECEIVED ) a-esi)<J NOV1S_ . . ('\\ ~ NNING & ZONING \ t\62-N\C ~S ~(J~ \d) d~~ 6~l S. O~ D'--~ ~L~i) ~L. 'P.7'fQ)? 5<01-d-~- O~?\ ~ W~~ ~t mf"'-\ 0MC9J\V\ ~ f5t ~vrl ~~ f\'t\\:e o~J~ ~ ~ ~ ~~. ~ G'\ ~ V\ ~CC7~ ~~ r ffv'L 1f. v\ 15 ~5> \ ~ ~~UL ~CC- ~)Y\<l- ~ ~ ~ ~ick.~ ~, \,,~ ~ \~ ~ if*~ 1 W~~ ~ ~~~~ ~ ~~"~~S ~ ~U AM &, cr,~? ~ \Vwt'- ~~ ~ '" ~\S ~'Y'^(1 :S'- ;)S;: ~. J ~ d ~ ~ ~'.lY1~~L~ \ ("- ~ d~~~~' ~~ ~~E.\ ~~ ~ O'i Se- (lk ~ WJ <A ~~. i^- . 0-::> \~ ~~ ~ \~ ~1? ~ ~ ~ l!v---- ~ ~~ fi) WfS\ ~ck ~~\~ )~ ~~~ r~C1d SY\~ , ~~G G " ~ \ 'J rl--? ':2J '-= 4'0 ~4, -9 ~ -\l s\Mit 6'- ~"^~ ~ -,,~ ~ \:t~~ d-alV\.~ ----- . ALLCO FINANCE CORPORATION 200 Park Avenue - 44th Floor New York, New York 10166 ALLeO Telephone (201) 670-1920 Facsunile (801) 858-8818 Thomas M. Me/one President and Chzef Executive Officer November 13, 2004 Delray Beach Planning and Zoning Board 100 N.W. 1st Avenue Delray Beach, FL 33444 Proposed Sea gate and Ocean Overlav District Ladies and Gentlemen, I respectfully request that the Board continue the public hearing of the Proposed Seagate and Ocean Overlay District for at least 30 days. I received notice of the proposed district on November 10,2004. The proposed rules and regulations for the proposed district were not made available until yesterday when they were posted on a private web site www.udsonline.com. We beneficially own property in the proposed district in excess of $20 million in Assessed and Taxable Value. I do not believe it is unreasonable to provide some reasonable time for review. The proposed district may, in fact, be a good thing, but a I-day review period is certainly not. Jtme& 0eq~/l/ g~af ,,/{'ddecatrt? de 0e&~ ~ 0e1-yc!a, ~/~7la/ 0i&tricv To City of Delray Planning Board, I am writing this letter in regards to your proposed amendment to land regulations Section 4.4.3 relating to the North Beach! Seagate & Ocean Neighborhood overlay districts. As we have many clients in this area, our main concern is, of course, the amendment's direct negative effect on property values. We feel our clients would tend to shy away from this overly lengthy process of review when in fact, the results can be achieved by the current zoning regulations without all of the bureaucracy. We can potentially lose clientele and ultimately overall interest will be lost in these areas due to the proposed unnecessary review time. This amendment will cost both the potential home owner as well the design professional valuable time which could be spent on the other aspects of these projects. As an architect who is living as well as practicing in the neighborhood in question, this amendment concerns me both professionally and personally. It is with much appreciation that the Board members will uphold the current zoning laws which, in my opinion, are sufficiently achieving the same results. Shane Ames !fJh/: 60/-274-0444 -20S 0ti:r-h {iJo-a/e0an4 q;eI~ {iJe.acA~ .9l~ SS444 AACOO1720 g-am: 60/-274-041.9 From: Joe Homnick Uoe@homnick.com] Sent: Thursday, November 11, 2004 10:48 PM To: Costello, Jeff Cc: Bauer, Gerri; Citizen In Touch; Maureen Homnick Subject: RE: North Beach & Seagate Neighborhoods Design Manual - Amendments to LOR Section 4.4.3 Here is my formal statement I would like to have entered into the record regarding this suspicious organization, the BPOA, and their proposed amendment which smacks of zoning. Please verify by email that this statement will be included in the record ----------- I object to any amendment that affects the neighborhood that I have lived in year round for the last five years made by an organization named BPOA; that purportedly has been in existence for 16 years. In the five years that I have lived year round at my residence ~t 1239 SeaSpray, I have never heard of the BPOA. I know many of the neighbors and it is totally incredulous that the City would even consider an amendment by'this organization. The BPOA, if it exists, is obviously a closed type of society and also obviously does not represent the neighborhood. If any amendment by this organization is accepted by the City of Defray, the city is incurring the liability of a lawsuit by the neighbors affected ! ----- DURAY UL..tH D[LIl~Y BEACH .~A'':.I PLANNING AND ZONING BOARD ~ A1~_Clty AII-_Cdy 'IIII~ MEMORANDUM STAFF REPORT '1111: 1 <J'J ~ 199~ ,.!()III 2001 MEETING OF: NOVEMBER 15, 2004 AGENDA ITEM: IV.C. - PRIV A TEL Y INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS SECTION 4.4.3 SINGLE FAMIL Y RESIDENTIAL (R-1 ) DISTRICT, ARTICLE 4.5 "OVERLAY AND ENVIRONMENTAL MANAGEMENT DISTRICTS AND SECTION 2.4.3(K) "FEES" RELATING TO THE CREATION OF THE NORTH BEACH/SEAGA TE AND OCEAN NEIGHBORHOOD OVERLAY DISTRICT I ITEM BEFORE THE BOARD ---~ The item before the Board is that of making a recommendation to the City Commission regarding privately-initiated amendments to LDR Section 2.4.3(K) (Fees), Section 4.4.3 (Single Family Residential (R-1) District) and Article 4.5 (Overlay and Environmental Management Districts) relating to the creation of the North Beach/Seagate and Ocean Overlay Districts, pursuant to LDR Section 2.4.5(M) Pursuant to Section 1.1.6, an amendment to the LDRs may not be made until a recommendation is obtained from the Planning and Zoning Board. I BACKGROUND AND ANALYSIS I Backaround: The issue of the compatibility of large home construction was first raised by the Beach Property Owners Association and discussed by the Planning and Zoning Board at its meeting of May 16, 1994. The Planning and Zoning Board forwarded the request to City Commission with a recommendation that additional regulations not be considered. On June 7, 1994 the City Commission concurred with that recommendation and voted not to pursue the issue further. However, the Beach Property Owners Association again brought the issue to the attention of the City Commission in late 1995. The City Commission discussed the issue and suggested that there be increased setbacks for taller structures, so as neighboring structures are not too overwhelmed. The City Commission directed staff to research the issue and develop possible mitigation measures. On November 12, 1996, the City Commission had a workshop on the issue. Staff presented an overview of how neighboring cities approached similar issues and presented alternatives and potential code changes. After deliberation the City Commission voted to create a task team made up of a representative cross section of the community to examine, formulate ideas, and make recommendations with respect to the issue of large home construction, including compatibility and mitigation of any impacts. On December 10, 1996, the City Commission approved Resolution 84-96 officially creating the task team. The Large Home Task Team met for 2 % months and concluded their deliberations on April 9, 1997. The team's recommendations included the implementation of a maximum 0.40 FAR IV.C. P&Z Board Memorandum Staff Report LOR Text Amendment - North Beach/Seagate & Ocean Overlay Districts (Privately-initiated) Page 2 (Floor Area Ratio) for all single family zone districts; a maximum height of 35' to be measured to the highest part of the roof (except for chimneys and cupolas); and that properties on the east side of A-1-A be exempted from the regulations. These recommendations were presented to the City Commission workshop on May 13, 1997 and the City Commission directed staff to prepare the related LOR text amendments. The proposed changes affected all single family (R- 1) zoning districts throughout the City. In the weeks preceding the Task Team's recommendation the City Commission received comments that the recommendation had not gone far enough in addressing the compatibility concerns. To that end staff formulated additional options for the Planning and Zoning Board and the City Commission to consider. The Commission discussed the alternatives and directed staff to work with the consultant on an approach that would establish thresholds (size, height, etc.) beyond which additional regulations would apply. After numerous meetings in 1997 and 1998, in late 1998, the proposed changes were not approved. However, the City Commission felt that if a neighborhood would like to initiate future LOR changes that would only affect their neighborhood they could do so, which was incorporated into Housing Element Policy 12.4 in 1999. Analvsis: The proposed LOR amendments have been initiated by the Beach Property Owners Association (BPOA). The proposed Design Manual was prompted by residents concerned about the adverse effect development trends could have on the character of their neighborhoods. These trends include demolition of existing dwellings, and construction of newer homes or additions to existing homes that are much larger than, and inconsistent with, the existing neighborhood character. The proposed regulations are to help regulate development massing, scale and size in the neighborhood. If approved, two overlay districts will be created: The North Beach/Seagate District and the Ocean Neighborhood District. These districts will involve the majority of the single family zoned properties (R-1-AA, R-1-AAA) east of the Intracoastal Waterway. Small-scale renovations would not trigger the proposed guidelines. Additionslrenovations which exceed 50% of the square footage of the existing structure would trigger the design guidelines. If the new addition/renovation is greater than 50%, but less than 75% of the existing square footage, it would be considered a "major renovation", and would follow the proposed rules. If over 75% of the existing structure, it would be considered a "new" structure, and would have to follow additional requirements. There is nothing in the proposed guidelines that would limit anyone from making exterior changes to an existing home. The guidelines are meant to deal with new construction and significant renovations/additions. The design manual provides additional landscape requirements for multi-story structures and guidelines concerning architectural treatment, styles and lighting. The proposed district regulations and incentives are found in Section II of the Design Manual and the design guidelines are found in Section III (copy attached). Additional requirements include a lot coverage requirement, which generally is the building footprint of the structure. Currently there is not a lot coverage requirement for single family zoned properties (R-1). The Ocean District will have a 40% lot coverage requirement while the North Beach/Seagate District will have a lot coverage requirement of 40% for a single story ----------- - P&Z Board Memorandum Staff Report LDR Text Amendment - North Beach/Seagate & Ocean Overlay Districts (Privately-initiated) Page 3 structure and 30% for a multi-story structure with an incentive to increase the lot coverage to 35% if the upper floors are set back an additional 10' from the required front setback line. Also proposed is an increase to the open space (landscape area) requirement from 25% to 35% for the Ocean District and single story buildings in the North Beach/Seagate District with 45% open space required for multi-story buildings in the North Beach/Seagate District (see matrix below). As patios, driveways, swimming pools and walkways do not meet the current definition of open space, the applicant may want to reconsider the minimum requirement, since there is a maximum lot coverage requirement. Pro osed Overla Districts Ocean North Beach/Sea ate Existing Single- Multi- Single- Multi- Re uirement Sto Sto Sto Sto 30% Standard -NA- 40% 40% 40% 35% Incentive 25% 35% 35% 35% 45% In addition to the side and rear setbacks currently required (R-1-AA - 10', R-1-AAA - 12'), an increased upper floor side setback and rear setback of 5' will be required. There is another option available for multi-story buildings when rear attached or detached garages are provided. In these cases, in order to maintain the standard setback on one side, the multi-story portions of the structure that are flush with the standard setback cannot exceed 25 feet in length and must have a 12' break a minimum 5' in depth. In addition, the opposite side must have a 30' setback for the front 60% of the lot length; however porte cocheres can encroach into the 30' setback, but not into the standard 10' or 12' setback, as applicable. Those proposals that exceed the 50% threshold will be processed (with an associated application fee) similar to a site plan, but with a shorter time frame with final action taken by the current Site Plan Review and Appearance Board (SPRAB). The Board is appointed by the City Commission and the members are not required to reside or own property in the affected neighborhoods. Pursuant to LOR Section 2.4.5(M)(5), approval of an LOR amendment must be based upon a finding that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. A review of the goals, objectives and policies of the City's Comprehensive Plan were conducted and the following are noted: Housina Element Objective A-12: To assist residents of the City in maintaining and enhancing their neighborhood environment, the City shall take steps to ensure that modifications in and around the neighborhood do not lead to its decline, such as those described in the following policies. Housina Element Policv A-12.4: The City will provide planning and technical assistance to implement neighborhood-supported initiatives aimed at preserving the character of existing residential areas. Such assistance may involve the formulation of regulations that would limit the size and scale of new homes to be consistent with existing structures within a defined P&Z Board Memorandum Staff Report LOR Text Amendment - North Beach/Seagate & Ocean Overlay Districts (Privately-initiated) Page 4 neighborhood, and analysis of the housing inventory to determine if the area qualifies for designation as a historic district, and similar measures. The development pressures and the impacts of new construction on the character of the single family neighborhoods east of the Intracoastal Waterway has been a concern to residents and property owners in the proposed Overlay Districts. In order to address their concerns, those same residents in conjunction with the Beach Property Owners Association hired a consultant to create the Design Manual for consideration. The proposed Design Manual and associated LDR amendments will provide additional regulations that the applicants feel are necessary to ensure that the massing, scale and overall character of the neighborhood are retained. The above objective and policy support the proposed amendments. I REVIEW BY OTHERS I ,- The proposed Design Manual and associated LDR amendments apply to a geographical area that does not require review by the Community redevelopment Agency (CRA), Downtown Development Authority (DDA) or the Historic Preservation Board (HPB). Courtesy Notices: Beach Property Owners Homeowners Association Manor House Delray Beach Chamber of Commerce Oceanfront Property Owners Delray Ocean Villas Condo President's Council Delray Summit Progressive Residents of Delray (PROD) Jardin Del Mar Seagate Manor Condo Public Notices: Formal public notice was provided to property owners within the proposed Overlay Districts. An e-mail from Joe Homnick objecting to the proposed LDR amendment is attached. Additional letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. I ALTERNATIVE ACTIONS ,_ _.___ ___J 1. Continue with direction. 2. Move to recommend to the City Commission approval of the amendment to the Land Development Regulations (LDRs) Section 2.4.3(K) (Fees), Section 4.4.3 (Single Family Residential (R-1) District) and Article 4.5 (Overlay and Environmental Management Districts) by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. 3. Move to recommend to the City Commission denial of the amendment to the Land Development Regulations (LDRs) Section 2.4.3(K) (Fees), Section 4.4.3 (Single Family Residential (R-1) District) and Article 4.5 (Overlay and Environmental Management Districts) by adopting the findings of fact and law contained in the staff report and finding -~----- P&Z Board Memorandum Staff Report LDR Text Amendment - North Beach/Seagate & Ocean Overlay Distncts (PrivatelY-initiated) Page 5 that the request is inconsistent with the Comprehensive Plan and does not meet criteria set forth in Section 2.4.5(M) of the Land Development Regulations. I RECOMMENDATION I By motion, recommend to the City Commission approval of the amendment to the Land Development Regulations (LDRs) Section 2.4.3(K) (Fees), Section 4.4.3 (Single Family Residential (R-1) District) and Article 4.5 (Overlay and Environmental Management Districts) by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. Attachments: LDR Amendment Objection letter from Joe Homnick Location Map Sections II & III - Beach Property Owners Design Manual P&Z Board Memorandum Staff Report LOR Text Amendment - North Beach/Seagate & Ocean Overlay Districts (Privately-initiated) Page 6 Section 2.4.3 Submission Reauirements (K) Fees: Processing fees shall be collected for development applications. The fees shall be as established herein and as modified by ordinance of the City Commission. [Amd. Ord. 46-95 9/5/95) (1 ) Development Applications: The following fees shall be charged for development applications. All fees are cumulative and separate unless otherwise indicated. Combined applications shall provide multiple fees. (bb) SinQle Familv Overlav District Site Plan Review: $500 (1) Section 4.4.3 Sinale Familv Residential (R-1) Districts: (A) Purpose and Intent: The Single Family Residential Districts have been created in order to provide areas where the traditional single family detached residence can be established and maintained and be protected from the unwarranted intrusion of other inappropriate uses. Further, the Single Family Residential Districts are established in compliance with provisions of Goal Area "A" of the Comprehensive Plan which calls for the preservation and maintenance of stable neighborhoods. The following Single Family Residential Districts are regulated by this Section: * R-1-AAA * R-1-AAAB * R-1-AA * R-1-AAB * R-1-A * R-1-AB (B) Principal Uses and Structures Permitted: The following types of use are allowed within the Single Family Districts as a permitted use: (1) Conventionally sited single family detached residences. (2) Group Home, Type 1, pursuant to restrictions set forth in Section 4.3.3(1). [Amd. Ord. 23-01 5/1/01] (3) Parking lots not associated with a use, pursuant to an adopted neighborhood or redevelopment plan. [Amd. Ord. 8-00 4/4/00] (4) Pocket parks. [Amd. Ord. 8-00 4/4/00] (5) Public educational facilities of The School District of Palm Beach County, pursuant to the regulations set forth in Section 4.3.3 (HH). [Amd. Ord. 24-02 7/16/02] (B) Accessory Uses and Structures Permitted: The following uses are allowed when a part of, or accessory to, the principal use: P&Z Board Memorandum Staff Report LDR Text Amendment - North Beach/Seagate & Ocean Overlay Districts (PrivatelY-Initiated) Page 7 (1 ) Uses and structures normally associated with residences such as: bird aviaries, boat docks, dog houses and dog runs, garages, greenhouses, guest cottages, playhouses, pool houses and covers, pump houses, slat houses, storage sheds, tennis courts, swimming pools, and workshops. (2) Home occupations subject to the restrictions set forth in Section 4.3.3(K). [Amd. Ord. 20-95 4/18/95] (3) Family day care pursuant to restrictions set forth in Section 4.3.3(T) (child care, up to five children). (4) Home tutorial services subject to the restrictions set forth in Section 4.3.3(KK). [Amd. Ord. 79-94 10/18/94] (5) Recreational facilities attendant to a subdivision which is operated under a bonafide homeowners association such as: tennis courts, swimming pools, exercise area, clubhouse, and golf courses. (6) The rental or lease of a boat dock when the dock is assigned to, or on the same lot as each residential use on a one-to-one basis. (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the Single Family Districts. (1) Child care and adult day care. (2) Churches, or places of worship, and their attendant educational, nursery, Sunday school, recreational, and columbarium facilities. The foregoing does not allow establishment of educational and care uses such as elementary school and general day care; however, such uses may be established by a separate conditional use application for child care or rezoning to C. F., as appropriate. (3) Private educational facilities subject to the restrictions set forth in Section 4.3.3(HHH). [Amd. Ord. 24-02 7/16/02]; [Amd. Ord. 79-94 10/18/94] (4) The use of common recreational facilities such as swimming pools and tennis courts, associated with a subdivision, for club or commercial purposes. (5) Single family detached residences in zero lot developments but only in the R-1-A and R-1-AA Districts. (6) Levell group homes. P&Z Board Memorandum Staff Report LOR Text Amendment - North Beach/Seagate & Ocean Overlay Districts (Privately-initiated) Page 8 (E) Review and Approval Process: (1 ) All principal uses and accessory uses thereto shall be allowed upon application to and approval by the Chief Building Official for structures which require a building permit and otherwise complying with applicable use restrictions. (2) Conditional uses must be approved pursuant to the provisions of Section 2.4.5(E). (3) The creation of a new lot for the purpose of building a single family residence requires platting pursuant to 2.4.5(J) or (K), as applicable. (4) Within the North Beach/SeaQate and Ocean NeiQhborhood Overlay Districts, all applications for sinQle family residences, and additions and renovations that exceed 50% of the square footaQe of the existinQ structure, must be approved by the Site Plan Review and Appearance Board (SPRAB), pursuant to the site plan processinQ schedule provisions of Section 2.4.8. (F) Development Standards: The development standards as set forth in Section 4.3.4 shall apply, except as modified below: (1 )In addition to the provisions of Section 4.3.4(K), properties located within the North Beach/SeaQate and Ocean NeiQhborhood Overlay Districts shall comply with the provisions of the adopted DesiQn Manual for the North Beach and SeaQate NeiQhborhoods. (G) Supplemental District Reaulations: The supplemental district regulations as set forth in Article 4.6 shall apply, except as modified below: (1)ln addition to the provisions of Section 4.3.4(K), properties located within the North Beach/SeaQate and Ocean NeiQhborhood Overlay Districts shall comply with the provisions of the adopted DesiQn Manual for the North Beach and SeaQate NeiQhborhoods. (H) Special Reaulations: (1 ) The height of accessory structures shall not exceed the height of the associated principal structure. Screen enclosures without a solid roof are excluded from this limit. (2) The floor area of an accessory structure shall not exceed 40% of the floor area of the principal structure. Section 4.5.12 North Beach/Seaaate and Ocean Neiahborhood Overlay Districts: (A) General: With the adoption of the City's Comprehensive Plan Amendment 99-1, HousinQ Element Policy A-12.4 was amended to state the City will provide planninQ and technical assistance to implement neiQhborhood-supported initiatives aimed at preservinQ the character of existinQ residential areas. Such assistance may involve the formulation of reQulations that would limit the size and scale of new homes to be consistent with existinQ structures within a defined neiQhborhood, and analysis of the housinQ inventory to determine if P&Z Board Memorandum Staff Report LOR Text Amendment - North Beach/Seagate & Ocean Overlay Districts (Privately-initiated) Page 9 the area Qualifies for desionation as a historic district. and similar measures. In accordance with this policy, a Desion Manual was prepared for the sino Ie family zoned properties, east of the Intracoastal Waterway, and was accepted by the City Commission on January , 2005. This section is created to implement the provisions of the adopted North Beach/Seaoate and Ocean District Desion Manual. All development within the North Beach/Seaoate and Ocean District Neiohborhood Overlay District. as defined in Section (B) below, shall take place accordino to the provisions of the adopted manual. (B) Defined: (1 ) North Beach/Seaaate Overlav District: The North Beach/Seaoate and Ocean Neiohborhood Overlay Districts are hereby established as the area zoned Sinole Family Residential (R-1). located north of East Atlantic Avenue, south of Georoe Bush Boulevard. east of the Intracoastal Waterway and west of North Ocean Boulevard (State Road A-1A) tooether with the entire Seaoate Neiohborhood oenerally located south of Bucida Road, north of Lewis Cove. between the Intracoastal Waterway and South Ocean Boulevard (S.R. A1A), less Lots 35 throuoh 45. Block 5, of the plat of Seaoate Extension. The reoulations established in Sections 4.4.3(E)(4), 4.4.3(F)(1) and 4.4.3(G)(1) shall apply to all parcels within the Overlay District. (2) Ocean Overlav District: The Ocean Neiohborhood Overlay District is hereby established as the area located east of Ocean Boulevard (State Road A-1-A), zoned Sinole Family Residential (R-1). The reoulations established in Sections 4.4.3(E)(4), 4.4.3(F)(1) and 4.4.3(G)(1) shall apply to all parcels within the Overlay District. December 3,2004 City of De1ray Beach 100 NW ISI Avenue Delray Beach, FL 33444 RE: BEACH PROPERTY DESIGN MANUAL UDS REF. #03-013.01 Dear Commissioner, Thank you for the opportunity to present the Beach Property Owners Design Manual. As you will see, a lot of Neighborhood effort and support went into this vision. - While the Design Manual is close to being finalized, a few changes will be incorporated based on public input and comments from Staff and Planning & Zoning Board members. Points of clarification will address: . Renovations encompassing less than 50% of the square footage of an existing house will not be required to subrmt an application. . Houses damaged or destroyed by a natural dIsaster or act of God will be allowed to rebuild as previously existed. . Existing homes will be "Grandfathered" in until renovations exceed 50% or a new structure is proposed. . The illustratIon on page II-7 will be revised to reflect additional rear setbacks for garages as requested at the May I 91h pubhc meeting. . A clear, rational for lot coverage and open space relationships will be provided. Incorporating any direction from the Commission, Urban Design Studio will make all necessary changes - prior to the second Commission Reading. Thank you for your interest and support to help realize the Beach Property Owner's efforts and vision. Sincerely, URBAN DESIGN STUDIO Ii Urban Design Urban PIlInnlng Land Planning lMdscape Architecture LCC35 G \Jobs\BeachPropertles\DG's\0ec3CoverLtr wpd The Lofts at City Place LCC35 4n S, Rosemary Avenue Suite 225 VVest Palm Beach, Flortda 33401-5758 561366.1100 FAX 561.386.1111 June 10, 2004 Mr. Paul Dorling City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Re: Beach Property Design Manual Our Ref. #03-013.01 Dear Me. Dorling, After a year long process of identifying, evaluating, and responding to resident concerns, the draft Beach Property Owners Design Manual is available for review! Having worked wIth various other communities - and task forces over the years, it was truly an inspiring experience to witness the determinatIOn and level of commitment exemplIfied by the Design Guidelines Task Force. Faced with a daunting amount of data, site plans, proposed regulations, and neighborhood concerns, the Task Force systematically prioritized Issues and conceptualized what would be needed to promote fleXIbIlity and creatIvity, while at the same time addressed the undirected growth patterns occurring in their Neighborhoods. Through theIr efforts, a Design Manual emerged that provides background information with insight for a preferred vision, regulations and incentives that are straightforward and easy to implement, and deSIgn guidelines that make sense to enrich the Neighborhoods. On behalf of the Design Guidelines Task Force and the participating residents of the Beach Property Owners Association, I respectfully submit the Beach Property Owners Design Manual for your revIew. Summary reports of the entire process have been included to provide background mformation regarding Public NeIghborhood Meetings and Presentations as well as Design Guidelines Task Force Meetings. Please do not hesitate to contact me should you be interested in any obtaining any addItional information. It is with great enthusiasm and anticipation that I look forward to successfully establishing an implementation strategy that will operate within the City's review process and afford the residents the necessary tools to - realize their vision. Sincerely, ,n~..~ Jon Carleen, ASLA Principal cc: Honorable Jeffrey Perlman (Mayor) Diane Colonna, CRA Director Ii Urban Design Urban Planning Rita Ellis Land Planning Landscape Archltecture Bob Sparvero lCC35 Cary Glickstein The Lofts at City Place 477 S. Rosemary Avenue SUite 225 West Palm Beach, Ronda 33401.5758 561.366.1100 FAX 561.386.1111 . . urtxln DA TE: December 30, 2003 d~n stu 10 TO: Cary Glickstein, Trustee Beach Property Owners Association (BPOA) FROM: Henry Skokowski, AICP Urban Design Urban Design Studio (UDS) Urban Planning Land Planning RE: Summary Report - #03-013.00 Design Guidelines Landscape Architecture During the last mne months, Urban Design Studio (UDS) and The Beach Property Owners Association (BPOA) have carefully developed materials and information to assist residents in the beach neighborhoods of Delray Beach, This information outlines the growing national trend of mansionization in desirable older commumties, Through the use of photographs, illustrations, and diagrams, UDS and BPOA prepared a "rnansionization prImer" and PowerPoint presentation and held public meetings that invited reSIdents to express their thoughts and concerns on the tOpIC, The presentation also included examples of how other communities in FlOrIda and California have addressed thIS issue, either through direct code modIfications in overlay zoning or through recommended architectural design guidelmes. Following IS a list of the Task Force and Neighborhood meetings WIth a brief summary of what transpIred: Task Force Meetings September 15, 2003: "Ad Hoc Task Force" meeting was held at the Delray Beach Public Library to develop an understanding and consensus on the issues of concern to the neighborhood. October 13, 2003: A second "Task Force"meeting was held to establish a program for neIghborhood awareness and input at a series of neighborhood meetings. Neighborhood Meetings - All these meetings were announced one week prior through the use of flyers prepared by UDS and distributed door-to-door to single-family residences by Task Force volunteers. Wednesday, November 5, 2003, 5:30 p.m. - 7:30 p.m. Northern Trust Bank Building, 770 E. Atlantic A venue Approximately 90 residents and three City Commission members were in attendance. A list of attendees is available from the BPOA. Cary Glickstein opened the meeting describing the purpose and scope of the meeting. Hank Skokowski gave an instructional presentation that described mass, bulk, scale as the primary considerations in understandlOg the adverse impacts of buildings out of character with an existing neIghborhood. The attendees asked questions related to process, control vs. civil liberties, make-up of design review board members, avoiding favoritIsm, enforcement of guidelines for homes already built, guidelines relative to green space, community character, eclecticism, property values in communities with restrictions. The next meeting was announced. 477 S. Rosemary Avenue Suite 225 - The Lofts at City Place West Palm Beach, FL 33401 561.366.1100 561.366.1111 fax LCC35 -- . , Mr. Cary Glickstein Beach Property Owners Association Page 2 Wednesday, November 12, 2003, 5:30 - 7:30 p.m. Delray Public Library, 29 SE 41h Avenue Cary Glickstem thanked residents for their attendance and explained that the purpose of the meeting was to continue the dialog on the issue from the November 5,2003, meeting. Hank Skokowski summarized the issue again usmg the PowerPoint presentation and focused more on the type of strategies other cities have employed to manage teardowns and mansionization effectively. Approximately 60 people were in attendance including two City of Delray Beach Commission members. Questions and comments included: height restriction relatIve to increasing lot coverage, overlay zoning for specific neighborhoods, the history of eclecticism in Delay Beach, cubIC content ratios, predictability for current owners and prospective buyers, the Burt Harris Act, caliber of professionals on the design revIew board, producing legally defensible and definable gUldelines, developing a Task Force to revIew what the code says now and to review what reasonable guidelines could be adopted based on existmg condItIOns. Next meeting was announced for December 3,2003. Wednesday, December 3, 2003, 5:30 - 7:30 p.m. Delray Public Library, 29 SE 4th Avenue Cary Glickstein welcomed the 40 or so people who attended the meeting. He suggested that the BPOA intended to move forward and was again seeking specific input on the issue of managing the change that was occurring in the residential neighborhoods. Hank Skokowski summarized his understanding of resident concerns and preferences and referenced several setbacks and/or stepback methods to control buIlding mass within the "building envelope." The complexity of roofs and their slope was also noted as a concern to be addressed. It was suggested that there should be further analysis of the "real maximum" redevelopment potential possible under current regulations. This should be compared to the eXIsting new, large homes that have recently been built to better understand whether maximum sIze should be restricted in some manner. Other recommendations mclude: . Establishing three to five neighborhood types with deSIgn criteria customized to each type, . Addressing two story entries and window treatments, . Establishing standards for minimum and maximum window openings, . Treatment of multiple garage doors should be addressed. It was observed that Delray Beach residents preferred and valued a level of architectural diversity and any guidelines should allow for a broad range of design preferences. At the same time, it was noted that the quality and consistency of architectural style should be addressed to ensure a high quality of design. It was also noted that open space was valued and should be taken into consideration iflower profile, one story buildings were to be encouraged. . urtxln DATE: June 10, 2004 des~n TO: Cary Glickstein, Trustee stu 10 Beach Property Owners Association (BPOA) FROM: Jon Carleen, ASLA Urban Design Studio (UDS) Urban Design Urban Planning RE: Summary Report - #03-013.01 Design Manual Land Planning Landscape Architecture After gaining public support for the continued efforts of research, analysis, and design guideline development, the study gained momentum with the formulation of a new, dedicated Task Force. The Design Guidelines Task Force consisted of 17 people from all walks of life, including five licensed Real Estate Brokers, one Architect, four Developers, one Residential Mortgage Broker, two Engineers, one Land Planner, one Interior Designer, five Busmess Owners, two Senior Management Executives, and two Attorneys. With the exceptIOn of a Realtor from Gulf Stream and the Architect, all resided in the study area. Over a period of four months, UDS and the Task Force conducted extensive research throughout the Neighborhoods to address public concerns and evaluate existing conditions. All houses were photo- documented to acknowledge Architectural Styles that were present in the Neighborhoods. Information was gathered and analyzed concerning various lot sizes, setbacks, building Slzes, and heights. Thresholds were established based on existing houses, current construction trends, and what could potentially be built or "maxed out" under the current code. In addition to evaluating the impacts of mass and bulk, the Task Force looked into detailed design elements such as entries, windows, roofs, color, exterior materials, and other components that related to human scale or how the structure was compatible with the overall Neighborhood. The Task Force met regularly to continue to build consensus in the formulation of Regulations and Design Guidelines. Through unwavering commitment to property owners rights and what was considered to be in the best interest of the Neighborhoods, the Task Force produced a Design Manual that is easy to understand, implement, and will be effective. The Neighborhood Character Overview offers information about existing conditions throughout the Neighborhoods. Preferred elements are offered to provide guidance for new construction or renovations. Simple, straightforward regulations help address the issues of Mans ionization with common sense solutions. The Design Guidelines provide flexibility, but instill accountability through good design. Overall, UDS and the Task Force have been able to illustrate through text, diagrams, and photographs the directives set forth in the public meeting. An additional public meeting was held on May 19 to showcase the Design Manual and receive public input. Based on responses, some minor adjustments have been made and a new regulation was added for additional setbacks for upper stories at the rear of properties. The Design Manual is in response to public concerns and is a result of resident input and vision. Through various discussions with the Task Force, it was envisioned that the City Council would consider having the Site Plan Review Board (SPRB) initially implement the policy. Once the system is in place and the demand grows, it is possible that the City will need to appoint a Board of Volunteers specifically to review plans as they relate to the new Design Manual. The following is a list of the Task Force and Neighborhood Meetings with a brief summary of what transpired: 477 S. Rosemary Avenue Suite 225 - The Lofts at City Place West Palm Beach, FL 33401 5~1",-=!~!>.11 00 561.366.1111 f~x LCC35 Mr. Cary Glickstein Beach Property Owners Association Page 2 Task Force Meetin~s February 24, 2004: An organizational meeting was held at Urban Design Studio to establish research parameters, key issue development, Task Force fonnulation, and overall timeframe March 11,2004: Fifteen members were in attendance at the initial Task Force meeting which was held at the office of Planning & Zoning. Officers were elected and meetmg dates scheduled. Jon Carleen presented Initial Urban Design Studio inventory and analysis for both the North Beach and Seagate NeIghborhoods. Existing Architectural Styles were presented and discussed. Specific examples of homes (existing and new) were reviewed to understand existing thresholds of building envelopes (lot coverage, setbacks, and height). Study area boundaries and possible Overlay Zonmg Districts were debated. A bus tour of the entire Neighborhood was scheduled to look at character defining elements. Cary Glickstein expressed the urgency for the Task Force to develop Guidelines that would be clearly understandable to all citizens The Guidelines will need to be balanced, reasonable, and have an approach whereby the concepts and gUIding principles are clearly outlined, yet still allow for periodic revisions or updates as needed. Aprill,2004: Twelve members were in attendance at the Task Force meeting which was held at the office of Planning & Zoning. Jon Carleen discussed the results from the Task Force Neighborhood Tour and addressed concerns including inconsistency of architectural styles, color, maSSIveness, lack of symmetry or balance, inconSIstency in window treatments, oversized entry elements, and lack oflandscaping in some of the houses reviewed on the tour. Key components and issues to be included in the Design Guidelines were discussed, including architectural style, building fonn, windows, shutters, entrances, exterior materials, garages, color, additions, landscape, and outdoor lighting. The concept of using required, preferred, discouraged, and prohibited, to categorize Design Guidelines was presented and evaluated. A continued discussion of Overlay Districts evolved to create three Districts to respond to varying neighborhood characteristics. April 13, 2004: Eleven members were in attendance at the Task Force meeting which was held at the office of Planning & Zoning. The first part of the meeting focused on Task Force comments and input regarding the Draft Design Guidelines. Jon Carleen introduced four regulations that would address the concerns of mass, bulk, and location of structures without getting into complicated fonnulas such as FAR's or CCR's. The Task Force reviewed how lot coverages, setbacks, angles of vision, and building height plane regulations could be used to effect the design of a house. April 20, 2004: Eight members were in attendance at the Task Force meeting which was held at the office of Planning & Zoning. Draft Guidelines were refined and specific issues were addressed such as window coverage. Jon Carleen presented "real life" examples of window coverage ranging from 0% to 87% to help Task Force members determine thresholds for preferred, discouraged, and prohibited categories. To assist with understanding the impacts oflot coverage, Jon Carleen presented various examples of case studies from other communities with similar lot/building ratios. Other regulations were discussed at length, including the angle of vision and the buildmg height plane techniques. Due to the complexity of these regulations and impacts, the Task Force requested additional studies and data. . Mr. Cary Glickstein Beach Property Owners Association Page 3 April 29, 2004: Twelve members were in attendance at the Task Force meeting which was held at the office of Planning & Zoning. Urban DesIgn Studio and the Task Force continued evaluation for window coverage, color, additions, and landscape treatments. Regulations were reevaluated and simplified with the focus still remaining on providing transitions for multi-story structures and creating more distance at the side setbacks for upper stories. Lot coverage was also kept key and building square footage was contmually addressed and compared to hardscape and open space relationships. Extensive discussions took place regarding the cumulative effect of the Regulations, Incentives, and the DesIgn Guidelines. The Task Force agreed that three Distncts were not necessary and voted in favor of two, the North/Seagate DIstrict and the Ocean District. The mtent was to recognize the eXIsting characteristics of oceanfront lots compared to lots west of Ocean Boulevard. May 13,2004: Twelve members were in attendance at the Task Force meeting whIch was held at the office of Planning & Zoning. Side Meeting (prior to Task Force): Based on the complexity and need to review excessive data regarding specific buildmg/Jot relationships, a side meeting was held a week prior to the Task Force meeting. In attendance were Cary Glickstein, Robert Sparvero, Gary Eliopoules, and Jon Carleen. Lot coverage percentages were evaluated and supporting data was tabulated for presentation to the Task Force. Task Force Meeting: Lot coverage relatIOnships were discussed and debated. Concerns were raised that a 35% lot coverage for multi-story structures would not be adequate to address the concerns compared against current construction trends in the Neighborhood today. It was agreed that multi-story structures should maintain a maximum lot coverage at 30% and single-story structures at 40%. It was also agreed that incentives would be offered provided no discouraged items were present or proposed. AdditIOnal options were formulated for rear garages (attached or detached). Other Regulations and Design Guidelines were updated and fine tuned. Character defining elements and other components ofthe Neighborhood Character Overview were discussed and the format of the final Design Manual was completed. Preparation for the public meeting became the focus for the remainder of the meeting. Wednesday, May 19, 2004 5:30-7:30p.m. Delray Public Library, 29 SE 41h Avenue Approximately forty-five residents were in attendance. A list of attendees is available through the BPOA. Rita Ellis, Chairperson for the Design Guideline Task Force, welcomed everyone and expressed appreciation for the time, efforts and donations that have gone into the preparation of the Design Manual. She explained that the purpose of the meeting was to obtain input from neighborhood residents. Jon Carleen reviewed images and issues that had been discussed at the initial public meetings, including resident concerns, the critical purpose of the study, what other communities are doing, and the need for effective tools to deal with the impacts of Mansionization. . . Me. Cary Glickstein Beach Property Owners Association Page 4 Initial recommendations that originated from the previous meetings were presented to serve as the directives for the Design Guideline Task Force A detailed outline of the Scope of Work that Urban Design Studio and the Task Force undertook was presented. An overvIew of the three sections of the Design Manual was given and an example from each sectIOn was presented. Specific examples were given to relate to current conditions m the Neighborhoods. The use of categories such as preferred, discouraged, and prohibited for implementing Design Guidelines was explained and key guidelines were summarized. Next, Task Force panel members introduced themselves and explained why the introduction of the Design Manual was important to themselves and the Neighborhood. Rita Ellis acknowledged other Task Force members in the audience and asked for public input and questions for the Task Force panel. The majority of people that spoke had very supportive things to say about the Design Manual. Some expressed technical questions such as: "WIll It cost more for the review process?", "Will more time be involved in review?", "How does it effect renovations?", and "Why has the City of Del ray Beach not initiated a study lIke this on their own?". Other questions and concerns were expressed but the majority of the "Big Questions" were addressed with a handout "Commonly Asked Questions". A copy ofthis handout is included with thIS report. Rita Ellis reminded everyone that additional comments or questions were welcomed and could be placed on a comment card or directly e-mailed to Jon Carleen at Jcarleenuv.udsonline.com. Cary Glickstein announced that the Design Manual Draft will be submitted to the City of Delray Beach, Planning & Zoning Department for their review toward the end of May. After Planning & Zoning Department comments the Design Manual WIll be available on the followmg web page www.udsonline com. Rita Ellis thanked everyone for attending and asked for a show of hands as to who would be in support of the Design Manual. The show of hands was almost unanimous in favor of moving forward with the process. Meeting was adjourned at approxImately 7:40 p.m. ## . ~ -- z rti - ~ ~ ~ ' '" "CJ . >l;, ~,' o 0 . '..7. '., ;; :s ~",'3~ ~.. r '" c: ... ~';" .' . ..., 0 . ".'. Z .0 ,.,', <.. \:.:) rti ,c.," _ Cl ,. .:.:',, " (/) ,- ...." ',','" ,. ~ ~ Q) U. ',c >: co'" "J '. 'i;.., "" Z .. -,' ./.c; '1~ ... ,c' q " III U " '..'. ' . ,,- ... - .....,' -= ra Iii ". · gJ III Cl III ~' . " > c: c: Iti..... '1:, 'i-. . C1J " Q . ' '. _ :> V't "'" 'A 'J. '/ ~, ~ > .." ' ' .. L" 0'" "", ,,". Z m .!Jl - - - - '" III ' '< " '" ~,cO ~ u ~ u O. Z III .- ' '\, .... a. i!i' . " ~ .. 0 IA - . ... ..' ~ Q: QJ.... . ~.;.?~. '<,'. .\~~". '~.~ Z .... '.' '. J o '5 C l5 .... 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CO 0 II) "0 c: CO ...J - MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # \'0 €> - REGULAR MEETING OF DECEMBER 6. 2004 ORDINANCE NO. 66-04 (SECOND READING/SECOND PUBLIC HEARING) DATE: DECEMBER 3, 2004 'Ibis Ordinance is before City Commission for second reading and second public hearing to amend Land Development Regulations (LDR) to create a new Article 4.7, "Family/Workforce Housing", enacting 4.4.6 (H) (6), <<Density Bonuses", amending Article 4.5, <<Overlay and Environmental Management Districts", by enacting 4.5.9, <<Southwest Neighborhood Overlay District", 4.5.10, <<Southwest 10th Street Overlay District", and 4.5.11, <<Carver Estates Overlay District", to provide for regulations and incentives to build workforce housing and to create overlay districts which are entitled to density bonuses for the provision of workforce housing units. On October 19, 2004, the City Commission approved Comprehensive Plan Amendment 2004-2 which included text changes to the Residential Medium land use description. The language was amended to allow increases in densities in an overlay district in the Southwest Netghborhood Redevelopment Area consistent with the adopted Southwest Area Neighborhood Redevelopment Plan. The increases are allowed subject to a density bonus program outlined in this ordinance. At the same meeting of October 19, 2004, City Commission considered a first reading of a rezoning request for the Cottages of Banyan from R-I-A and CF to RM. As part of the request, and to achieve consistency with the Comprehensive Plan and the Southwest Area Neighborhood Redevelopment Plan, the developer voluntarily agreed to provide a minimum of 20% workforce housing units. After discuss11lg the method by which the workforce housing component was to be enforced, the Commission continued the request and directed staff to accelerate the Density Bonus Ordinance for the Southwest Area Neighborhood Redevelopment Plan and include this property. The proposed ordinance and related LDR amendment includes the creation of three (3) overlay districts (Southwest Neighborhood Overlay District, Southwest 10th Street Overlay District, and Carver Estates Overlay District) in which density bonuses are awarded for the provision of workforce housing. On November 15, 2004, the Planning and Zoning Board held a public hearing in conjunction with the request. Several members of the public spoke with the following concerns: 1. Thirty (30) year fixed mortgage vs. creative financing 2. Four member household vs. one or two member household 3. How do you monitor who the property is sold to at a later date 4. Standardized form for restrictive covenants 5. Providing .5 of a unit is not enough incentive for 4 bedroom units The Board voted 4-1 to recommend that the request be approved by adopting the findings of fact and law contained in the staff report, finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in Land Development Regulations (LDR) Section 2.4.5(M) (Amendment to Land Development Regulations with resolution of the 5 items of concern prior to second reading of the ordinance. At the first reading on November 16,2004, the City Commission passed the Ordinance No. 66-04. With regard to concern #1, the Ordinance was modified prior to first reading to accommodate different types of mortgages based upon income level. Regarding #2, the definition of <<Adjusted Median Income" in the Ordinance is "the Palm Beach County median income, based on a familY of four, as published i?Y Florida Housing Finance Agenry'~ 'Ibis standard is easier to monitor for re-sales rather than a fluctuating price based on family size. In response to #3, the restrictive covenants may provide language that will require notification to Community Improvement upon transfer. Regarding #4, the standardized form will be developed and presented to the City Commission at a later date for adoption by resolution. Regarding concern #5, staff felt this was adequate and that it could be revisited, if needed, at a later date. Recommend approval of Ordinance No. 66-04 on second and final reading. S:!Clty Clerk! Agenda Memos/Oed 66-04.Fanu1y Workforce Houslllg.1206.04 liTeRA OElRAY BEACH COMMUNITY REOEVElOPIIENT AGENCY December 3, 2004 Paul Dorling Planning and Zoning Director 100 NW 1st Avenue Delray Beach FL 33444 RE: Workforce Housing Ordinance Dear Paul, The purpose of this letter is to confirm with you that City staff will be following up to the Workforce Housing Ordinance with an amendment to the RM zoning district regulations in order to accommodate workforce housing in the overlay districts. During the drafting of the Workforce Housing Ordinance we had briefly discussed the possibility that the required setbacks in the RM zoning district may need to be reduced in order to achieve the desired densities. There were so many details and issues involved in the ordinance, and it was on a somewhat of a fast track for adoption, that the setback problem was never thoroughly examined. However, unless we address it in the vel)' near future we may have an unworkable ordinance. Densities of 30 units/acre and above are achievable in the CBD district in part because the required setbacks are fairly minimal. The RM zoning requires a 25 ft. front setback. If that is not reduced (to at least 15 feet), there may not be enough buildable area to work with. Front setbacks of 10' and 15' are fairly typical in traditional downtown developments (such as Abacoa). I realize that the ordinance is nearing adoption and my intent is not to delay anything, rather, I just wanted to let the City Commission know that we will be following up with an amendment to address this issue. Sincerely, Diane Colonna Executive Director \\)B ~ CITY COMMISSION DOCUMENTATION TO: FROM: SUBJECT: MEETING OF NOVEM R 16,2004 CONSIDERATION OF A CITY- INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS CREATING A NEW ARTICLE 4.7 "FAMIL YIWORKFORCE HOUSING", AMENDING SECTION 4.4.6(H)(6) BY ENACTING "DENSITY BONUSES", AND ARTICLE 4.5 "OVERLAY AND ENVIRONMENTAL MANAGEMENT DISTRICT", BY ENACTING SECTION 4.5.9 "SOUTHWEST NEIGHBORHOOD OVERLAY DISTRICT", SECTION 4.5.10 "SOUTHWEST 10TH STREET OVERLAY DISTRICT" AND SECTION 4.5.11 "CARVER ESTATES OVERLAY DISTRICT" CREATING OVERLAY DISTRICTS WHICH ARE ENTITLED TO DENSITY BONUSES FOR THE PROVISION OF WORKFORCE HOUSING UNITS. lot., ,',. .' .' . BACKGROUND .... .. ~ On October 19, 2004 the City Commission approved Comprehensive Plan Amendment 2004-2 which included text changes to the Residential Medium land use description. The language was amended to allow increases in densities in an overlay district in the Southwest Neighborhood Redevelopment Area consistent with the adopted Southwest Area Neighborhood Redevelopment Plan. These increases are allowed subject to a density bonus program outlined in this ordinance. At this same meeting of October 19, 2004 the City Commission considered a first reading of a rezoning request for the Cottages of Banyan (Southwest corner of Southwest 10th Street and Swinton Avenue) from R-1-A and CF to RM. As part of the request, and to achieve consistency with the Comprehensive Plan and the Southwest Area Neighborhood Redevelopment Plan, the developer has voluntarily agreed to provide a minimum of 20% workforce housing units. The workforce housing requirements were to be enforced utilizing a restrictive covenant specific to this development. After discussing the methods of conveying the workforce units the City Commission continued the request and gave direction to Staff to accelerate the density bonus ordinance being created in conjunction with the Southwest Area Neighborhood Redevelopment Plan and add this property. This Family Workforce Housing ordinance is now before you for consideration. I' '. ANALYSIS 1 . . The proposed ordinance and related LDR amendment includes the creation of three overlay districts in which density bonuses are awarded for the provision of workforce housing in the very low, low or moderate category. The three districts include the Southwest Neighborhood Overlay District, Southwest 10th Street Overlay District, and Carver Estates Overlay District. The creation of the Southwest Neighborhood Overlay District, the boundaries of which are depicted on page 6 of the attached ordinance, is being implemented as directed in the adopted Southwest Area Neighborhood Redevelopment Plan. The other districts (noted on pages 3 and \aD City Commission Documentation November 16, 2004 Density Bonus 7) are being created to accommodate a privately initiated development application and the future redevelopment and expansion of the Carver Estates development. The goal of each of the Districts is to assure that as development occurs an affordable workforce housing component is included and to provide opportunities for existing residents to remain in the area. In the Southwest Neighborhood Overlay District the density program would allow additional density above 12 units to the acre to a maximum of 24 units per acre, based upon provision of workforce housing units. The bonus would vary based upon affordability, home size, and ownership vs. rental units. Greater bonus units are allotted for very low vs. low or moderate, for larger 4 or above bedroom homes vs. 3 bedroom homes, and for ownership units vs. rental units. The resulting workforce housing units can be integrated into the project or provided offsite with the Delray Beach CBDG (Community Development Block Grant) target area (page 4 of the ordinance). Instead of, or in addition to providing workforce units, bonus units could be awarded by contributing to a housing trust fund ($60,000 per bonus unit) or by donating land (buildable lots). In these cases the housing trust would utilize the money to fund activities necessary to provide workforce housing. With the donation of buildable lots a bonus unit would be awarded for each $60,000 of assessed value. The workforce housing units are to be compatible in exterior design, appearance, construction and quality of materials and contain comparable HVAC systems and appliances as the proposed market units. Further, the developer shall endeavor to provide workforce housing units that include unit types in the same proportion as the market rate units. All workforce housing units are to remain affordable for a period of no less than 30 years and will be enforced through recorded deed restrictions. With the Carver Estates and Southwest 10th Street Overlay Districts a maximum of 12 units per acre is allowed. To achieve the maximum of 12 units per acre the developments must substantially meet the existing performance standards as well as provide a minimum of 20% workforce housing units. As with the Southwest Neighborhood Overlay District the workforce housing units are to be compatible in exterior design, appearance, construction and quality of materials and contain comparable HVAC systems and appliances with the market units. Further the developer shall endeavor to provide workforce housing units that include unit types in the same proportion as the market rate units. Notwithstanding the above within the Southwest 10th Street Overlay District at least 75% of the workforce housing units shall be 3 bedroom units offered for initial sale not to exceed $225,000 and 25% of the workforce housing may be 2 bedroom units offered at the low income affordability rate. All workforce housing units are to remain affordable for a period of no less than 30 years and will be enforced through recorded deed restrictions. Pursuant to LOR Section 2.4.5(M)(5), approval of an LOR amendment must be based upon a finding that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. This amendment furthers the following Comprehensive Plan policy and is consistent with the recently modified Future Land Use Element Medium Density residential text description. Future land Use Element Policy C-1.7 The following pertains to the Southwest Neighborhood Redevelopment Area: This area is ~enerally defined as the area bounded by West Atlantic Avenue on the north, Southwest 101 Street on the south, Interstate 95 on the west, and Swinton Avenue on the east. 2 City Commission Documentation November 16,2004 Density Bonus Many of parcels in the area contain vacant or dilapidated structures, substandard parking and substandard landscaping. The area also contains residential areas identified as "Rehabilitation" on the Residential Neighborhood Categorization Map contained in the Housing Element. The Southwest Area Neighborhood Redevelopment Plan was adopted by the City Commission at its meeting of June 3, 2003. The plan establishes a blueprint for the revitalization and stabilization of the area. The Southwest Area Neighborhood Redevelopment Plan is divided into five sub-areas based upon current and proposed land uses. The sub-areas serve to define potential boundaries for the phased implementation of the various plan components. Future development in the area must be in accordance with the provisions of the Redevelopment Plan. [Added by Amendment 04-1] Recently amended Medium Density residential text reads: This designation is applied to land which is developed, or is to be developed, at a density between five and twelve units per acre. Residential density is limited to a maximum of 12 dwelling units per acre, except within the portion of the Southwest Neighborhood Area Overlay District, between the commercial area along West Atlantic Avenue and Southwest 2nd Street, from Swinton Avenue to Interstate 95, where the density may exceed 12 units per acre, up to a maximum of 24 units per acre subject to conditional use approval and the recommendations and strategies outlined in the Southwest Area Neighborhood Redevelopment Plan. Such land is usually developed in planned communities or exists in older areas where there are duplexes and condominiums. Home ownership is characteristic of this designation. Where this designation exists, uses other than those which are residential in character shall not be considered. [Added by Amendment 04-2] I ,.... . PLANNING AND' ZONING BOARD CONSIDERATION I ." . . The Planning and Zoning Board will consider this ordinance at their November 15, 2004 meeting and the results will be reported to the Commission at their November 16,2004 meeting. CRA Review The CRA reviewed the LOR amendment at their November 11, 2004 meeting and unanimously recommended approval. WARe Review The West Atlantic Redevelopment Coalition considered the amendment at their November 10, 2004 meeting and unanimously recommended approval of the amendment. Other A public meeting was held at Old School Square on November 8, 2004 to discuss this ordinance. While attendance was light there was overwhelming support for the ordinance. 3 City Commission Documentation November 16, 2004 Density Bonus I RECOMMENDED ACTION I By motion, approve the amendment to the Land Development Regulations to create a new Article 4.7 "FamilylWorkforce Housing", amending Section 4.4.6(H)(6) by enacting "Density Bonuses" and Article 4.5 "Overlay and Environmental Management Districts" by enacting Section 4.5.9 "Southwest Neighborhood Overlay District"; Section 4.5.10 "Southwest 10th Street Overlay District"; and Section 4.5.11 "Carver Estates Overlay District" creating overlay districts which are entitled to density bonuses for the provision of workforce housing units by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations, with second reading to occur on December 6, 2004. Attachment: Proposed Ordinance 4 ORDINANCE NO. 66-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, TO CREATE A NEW ARTICLE 4.7, "FAMIL YIWORKFORCE HOUSING", PROVIDING FOR REGULATIONS AND INCENTIVES TO BUILD WORKFORCE HOUSING AND ENSURING THAT THE CITY HAS SUFFICIENT FAMIL YIWORKFORCE HOUSING; AMENDING 4.4.6, "MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT" BY ENACTING 4.4.6(H)(6), "DENSITY BONUSES", TO PROVIDE FOR DENSITY BONUSES IN CERTAIN OVERLAY DISTRICTS; AMENDING ARTICLE 4.5, "OVERLAY AND ENVIRONMENTAL MANAGEMENT DISTRICTS" , BY ENACTING 4.5.9, "SOUTHWEST NEIGHBORHOOD OVERLAY DISTRICT", 4.5.10, "SOUTHWEST 10TH STREET OVERLAY DISTRICT" AND 4.5.11, "CARVER ESTATES OVERLAY DISTRICT", CREATING OVERLAY DISTRICTS WHICH ARE ENTITLED TO DENSITY BONUSES FOR THE PROVISION OF WORKFORCE HOUSING UNITS; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, FamilylWorkforce housing affordable to citizens of Delray Beach is needed in the City; and WHEREAS, the Community Redevelopment Agency conducted a study entitled "Exploring a Community Land Trust for Delray Beach", dated July 19, 2004 which studied the need to preserve lands for workforce housing; and WHEREAS, the City Commission of the City of Delray Beach, Florida, adopts the findings in the Staff Report; and WHEREAS, the City Commission of the City of Delray Beach, Florida, finds the ordinance is consistent with the Comprehensive Plan. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA AS FOLLOWS: Section 1. The recitations set forth above are incorporated herein. Section 2. That Article 4.7, "FamilyJWorkforce Housing" of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby enacted to read as follows: 4.7 FINDINGS (A) The City Commission has determined that there is a severe housing shortage in the City of Delray Beach that is affordable to the everyday working families and citizens of the City; and (B) Florida Statutes ~ 166.04151 provides that a municipality may adopt and maintain any ordinance that is adopted for the purpose of increasing the supply of affordable housing using land use mechanisms such as inclusionary housing ordinances not withstanding any other provision of law; and (C) The City Commission recognizes that there is a growing gap between housing costs and wages in the City; and (D) The City of Delray Beach has a legitimate public interest in preserving the character and quality of neighborhoods which requires assuring the availability of workforce housing for moderate and lower income persons in the City; and (E) The City recognizes that the need to provide workforce housing is critical to maintaining a diversified and sustainable City having the character and sense of a community where people can live and work in the same area; and (F) The City is encouraging the production and availability of workforce housing and at the same time is cognizant that escalating land costs and rapidly diminishing amounts of land hinder the provision of sufficient workforce dwelling units by the private sector; and (G) The City Commission has adopted the Southwest Area Neighborhood Redevelopment Plan and Comprehensive Plan changes recognizing the need to redevelop the Southwest Neighborhood in a manner that preserves the neighborhood and provides workforce housing. 4.7.1 DEFINITIONS a. Adjusted Median Income (A.M.i.) - The Palm Beach County median income, based on a family of four, as published by Florida Housing Finance Agency. 2 ORD NO. 66-04 b. Affordability Controls - Restrictions placed on dwelling units by which the price of such units and/or the income of the purchasor or lessee will be restricted in order to ensure that the units remain affordable to very low, low, or moderate income households. c. Carver Estates Overlay District - The area shown on the map below. ---- I II I L II ~t' "1=11 II - ....... s.w. .~ Sf I II I I - II I -, I ! ' - -- ~jl DELRA Y l II J l II J - \ I I Ill, J 11111 II _ L_ FULL SERVICE S W. 4TH ST. ,- CENTER I -", ':- ~ ~ __'" ~'-< I - ~ -< AUBURN CIRClE NORTH ~ -- ---- - J: ... [JD '\.. ----j J:'" ~ -j!: ..... w ~-- on _ on , - ~ I - - ~ --r- - ---;- ~ ' HAITIAN - --- f---- () I _ .f-+- , ~ 4- CA THOLlC -- ~I-- -- ~ ~ <.J'! CHURCH I I ~ (f) ~ ~ f--- i 7W 6TH <;T ------ - D I--Ii SW 6THST ~-r AUBURN DR Q; I I ! !) STRONG ~~.;;,'<,! ~ ; I ! i to,::> :2~" 1 CD "'" l I ~ ~ : ___~ I ,;;,~~ I -i'<?; J AUBURN OR S ! CENTER AUBURN s. W, 7TH ST -"-- _ ----., - TERR, SO 5 W 7TH ST -- I ,- , -- _-------.--J ~ = i '" ----I --- _n I ~ ,~ . ---1 c= CARVER ESTATES J: ~---- ~~ ~ ,-UJ -< --== -< '--i <;. I c:::===:: r-~ " ~ -1 ~ I i 11 i --L <:J THC -- i== ,---. - SW 8TH '" -- ..L I 1-- ,- I I iE iE , -' - ---- --! ' ~ ~ ~ --_~ ~ ~_I ! I I oc( oe( I.&J -< < I I .... ---- ------ --I S.W, 9TH ST, - -- I-- - 'j I I j!: 1-- _ ~ _,1-- j!: , j!: -- 'I' DELRA Y BEACH :Ii ii" J ~ :: __f-- :: --t- ~ -- MEMORIAL IJl I 1 ~ i== ~ I-- - --~- , -I GARDENS S.W, 9TH' C f== -1-1-- I - 'I ' '-- , ' -~ -, I (ill, ;t;~ ---- ___<ri~ ~ I ~ ; i, ' I V) r--- tn ---t--~ Ul I I I ! ,--- '--L ' ,i I s. W. 10TH STREET , i I I !! / f I I ~ 1III I: ~ I I~U/ ,----j L_ -< -< ~ ~ I ! ~- ~ $)' ~ $) I ___L-I r iE iE :t- ~ , :t- ~ I /. iE '" UJ__ -- ~.... '~$) 7 ~ - ~ ~ IQ. ~ I 'A,' ---------- , I ---~- ~ ~ ; / . c____l< ~ ~ I ~ 00 d. City - The City of Delray Beach, Florida. e. Community Development Block Grant (CDBG) Target Area - The area shown in the map below. . LAKE 104 I . ROAD I I I I . ~, . ~ I ~ , . N.W. 2ND ST. :s ~ . o , ~ . ~ , @; ATLANTIC AVENUE , , I . U) . s. W, 2ND ST. fa . It: . ~ I !.Li ~ U . ::> ~ , q; q; i!: i!: ~ "" ...,. ::i!:: ~ . e "" . s: s: CJ (Ij (Ij ~ Q::' I Q::' CI) I (j "" ~ ...... . ll.: .... . S.W. 10TH ST. ~ ~ ........ . .... ~ . ~ ~ a:: . q; >( . i!: (Ij . ~ ti . s: . (Ij ~ lI1~ LINTON 4 ORD NO. 66-04 f. eRA - The Delray Beach Community Redevelopment Agency. g. Density Bonus Program - The Density Bonus program is an incentive program intended to encourage developers to build affordable owner-occupied and rental housing within Delray Beach's Community Development Block Grant (CDBG) target area. The concept is that for every workforce housing unit that a developer builds, a calculated number of market rate units greater than would be allowed otherwise may be built. h. Density Bonus Unit - An additional dwelling unit added above the base number of units authorized once performance standards have been applied and the density has been computed under existing codes. i. Development - A housing development at one location including dwelling units for which approvals have been granted. j. Eligible Occupant - A person who qualifies for participation in the program. Priority will be given to persons who have lived or worked within the City limits of Delray Beach continually for one year immediately prior to the date of application for a workforce housing unit related to the Density Bonus Program and who qualify for participation in the program. k. First Time Home Buyer - A person who has not held ownership in a residence within the past three years. I. Household - A single person living alone. or two or more persons sharing residency, with a combined income available to cover household expenses. m. Low Income Household - A household with a gross, combined income between 61 % and 80% of the Palm Beach County Adjusted Median Income (as defined by the Florida Housing Finance Authority). n. Moderate Income Household - A household with a gross, combined income between 81% and 120% of the Palm Beach County Adjusted Median Income (as defined by the Florida Housing Finance Authority). 5 ORD NO. 66-04 o. Southwest Neighborhood Overlay District - The area zoned RM between Interstate 95 and N.W. 1st Avenue, and Atlantic Avenue to S.W. 2nd Street as shown in the map below. ~ ~ ~ ~ OTY ~-- - D- .. <c, < <II -< .ArTORNCY . ¡ .·fffilOO[1]~O· . .": ~ mITr _0 DOnO- nn~nnDB[q- ~[I]. D~'- , :U. L10. ·DDG~-- ',u. <=."=' ~ ODD [I] WOf . ATLANTIC AVENUE c=J /~~.~ :~frlM?-flltilRlll{ln ~ 5 Fflmrn .: I J'-' r I Ô :.! ~. 1.~.~ un ---. ... ... POIIPEY PARK -, ~ --- - . '" ~ '" . '" . '" . -. " - - /II, .- - - 6 ORD NO. 66-04 p. Southwest 10th Street Overlay District - The area at the Southwest comer of Swinton Avenue and 10th Street as shown in the map below. II r------t--1 , 1--11-----1 CITY OF aRRAY BEAOi JII I I I ~ ~~, l,."o II fll ! II Flllll ~t:jt:j~ PUBUC WORKS COW, PLE"X Il T II T! 11 [[ill] ~1.:=;;::Ii6,1."'1 ~III WAm1 - II I!: ----: r-===- ~5.E r::= ~1Hnr= - = mEATIIf'NT ..".... ,sr = '----- >-- ~- I-- - PLANTTI r I, ,', --' ---- >-- --- I-- - I I: , ~ >-- - I-- ~~I III II, I , ~ II i I I ~ Uill ~ ~ _~ - ~"Ic3 IOf-----; -"., .":> f----- ~ _ _-lr _.-- , . ~-= f----- f----- I-- -I--- - - -1-' <-- f-..- l== =-1::::- = -= -1--- I I --- ~ ~ - I--- - - =~ llifj II II EmrrmIl ==- c=~s l= ~ = ~. --;-h 3-= ~= :; I ! : I': nIIIJJito~= []IJ]: i ~!~I~~ '-to' ~ -~ <------ "';':;- ... ~!- ~ - - ~ I ! I I y II i!! 111:1 I I: i!' I I ~;; = = r- - I w ,I I! II.J1TTT I i I : ~r! :! i LIlli! I ~ II i I.. ~~~i == .; == - ~ III :.! tEffiJjffi]:, I.':, i I! i II I II~ 1111111ill'll -= =~; ~_~;~I I, I : I I :: I I I - 1 I I -, I, i I" - - - - ," " I 1'1' I :5 - - - - , l---J 1 i I ~ - - -- - IfH:- i~H BImm' ;" I ill I I r --j _~Oll} ~ = = = = ' I ,-toot - u t~ j- - I , I! I I I:: 1 I I I I I" I eo - - - - 1,1 I ': :-i-,- -==---= s.w In-rw C::T 7 .. 01H Sf nm IIII',mIT II I CO 'I , !I ~ . lJ!JJ < .. ___~ 1..1 OILOAY, '. 'I; f--- - I--- - -l'~ I iL- t= PINE QlO"- -~ I i f--- REWENrARY >- -t J i I~ soma. ~ ... - -j AA<< t ! f.----- -- - -- :n=ft ,- 1 EXCCUJI'ltE ~ 0 - _ - i Qr,IARmt'S t= 'f . - =f---J----l,i i, / t::: I ..Vi: _ """"": . II =t ~' !' 5- Ii IIII /D F'N.L RIDGC ~I I I,' 1-_ FlORIWDA = iii _ t---, OF DORAY ... t ~ 5.E. 11-.. RD. / !'~ill"""'I~~1 ~.~- t,-) ~~\TTTllJJllilL11 : III!H~ I"~ I ~7",=" ~ -V...-< Hm GUlF Sl7lf:AM I i f 1'l0.~ \,~~ COUIolERClAJ.. CENTRE: ! I .......:;:,'1 ~"':; 1:'\,." r)!! 'y LINTON muss !: ~ j UNTCN I ! 9 THE: I >< . /, R/DGE , : 0 PlAZA -->.., CfHJO - COUNTY I AT ~'O;- UNTON ---"'-J!ffl ~~ I ~ "" l -"~+ i ~ -, lfi.. I - Y'C-<, -- I ~ ~~ JW~ ~ I I I SECURITY HAR80URS I t1 f---j I r ONE ow HARBOUR rooc I ~ ' UNTON / I PLAZA Ii' I~ 1 SELF STORAGE BLIo1> I! LINTON BOULEVARD II , \ I I III I I 7 / ~::"= 7 ORD NO. 66-04 q. Very Low Income Household - A household with a gross, combined income not exceeding 60% of the Palm Beach County Adjusted Median Income (as defined by the Florida Housing Finance Authority). r. Workforce Housing Unit - A dwelling unit for which the rent or mortgage payment (including principal, interest, taxes and Insurance P.I.T.I.) does not exceed 35% of the gross income of households that classify as very low, low, or moderate income households and meets the other requirements of the FamilylWorkforce Housing Program. 4.7.2 APPLICABILITY Except as otherwise provided in this ordinance, these regulations shall apply only to development applications consistent with the following conditions: a. Development must be located within the established Southwest Delray Beach Overlay District, the Southwest 10th Street Overlay District, or the Carver Estates Overlay District to qualify for participation in the Density Bonus Program. b. In order to qualify for a density bonus, a project must consist of at least five new or substantially rehabilitated dwelling units. c. The developer or responsible party must provide relocation assistance at a minimum of $2,500.00 per household to very low and low income residents that are displaced as a result of the proposed project. d. In the Southwest 10th Street Overlay District and in the Carver Estates Overlay District, at least twenty percent of all residential units must be workforce housing units. 4.7.3 PROVISION OF WORKFORCE HOUSING UNITS Developers will be awarded density bonus units (additional market rate units), beyond the base number allowed per existing zoning ordinance after performance standards have been met, as an incentive to provide affordable housing unit, subject to the limits and requirements of this chapter. 8 ORD NO. 66-04 a. Developers may earn bonus units by building housing for very low, low or moderate income families within the designated boundaries of the Overlay Districts. b. All development shall meet the requirements for units as specified in this chapter and meet all required Land Development Regulations. c. Workforce units shall include those units in a development, which are regulated in terms of: i. Sales price or rent levels; and ii. Marketing and initial occupancy; and iii. Continued requirements pertaining to resale or rent increases. 4.7.4 DENSITY BONUS PROGRAM FOR THE SOUTHWEST NEIGHBORHOOD OVERLAY DISTRICT Developers of property in the Southwest Neighborhood Overlay District that meet the minimum standards will earn bonus units for building workforce housing for very low, low and moderate income families. a. The size of the bonus varies based on several factors including: i. Affordability (Le., homes affordable to very low, low, or moderate income families) iL Home Size (i.e., workforce housing units with four or more bedrooms are awarded larger bonuses) iii. Ownership versus Rental (Le., larger bonuses are awarded for workforce housing units offered for sale to low and very-low income families and larger bonuses are awarded for ownership versus rental units.) b. To be eligible for bonus units, developers must meet one or more of the following criteria: 9 ORD NO. 66-04 i. A designated number of the total units are restricted to very low income households, and/or ii. A designated number of the total units are restricted to low income households, and/or iii. A designated number of the units are restricted to moderate income households c. Workforce housing units may be located off-site provided the off- site location chosen is within the Delray Beach CDBG target area. d. The bonus allowances are set forth in Table 1 below. TABLE 1 DENSITY BONUS ALLOCATIONS IN THE SOUTHWEST NEIGHBORHOOD OVERLAY DISTRICT OPTION SALE BONUS PER WORKFORCE UNIT PROVIDED VERY LOW 60% 4 LOW 80% - 61 % 3 MODERATE 120% -81 % 2 OPTION RENT BONUS PER WORKFORCE UNIT PROVIDED VERY LOW 60% 3 LOW 80% -61 % 2 MODERATE 120% -81 % 1 LARGE HOME OPTION 4+ bedroom workforce housing units Additional 0.5 bonus will be added to the bonus provided above in this chart e. Instead of or in addition to providing workforce housing units, developers may also accrue bonus units by contributing to a housing trust fund that will be utilized to subsidize workforce 10 ORD NO. 66-04 housing in the CDBG target area. Developers may earn one bonus unit for each payment of a sum equal to $60,000 payable to the FamilylWorkforce Housing Trust. f. Also, instead of or in addition to providing workforce housing units, developers shall earn bonus units by donating land (buildable lots) in the CDBG area of the City Delray Beach to be used for workforce housing. The appraised value of donated land will be valued in accordance with subsection e. above and may be prorated. The appraisal shall be obtained by developer at developer's cost. g. The maximum total density of a development shall not exceed 24 units per acre. 4.7.5 DENSITY BONUS PROGRAM FOR THE SOUTHWEST 10th STREET OVERLAY DISTRICT AND THE CARVER ESTATES OVERLAY DISTRICT Developers of property in the Southwest 10th Street Overlay District and the Carver Estates Overlay District shall develop the properties to afford a minimum of twenty percent of the residential units as workforce housing units. a. The twenty percent that are developed as workforce housing units must contain units that are affordable to very low, low or moderate income families. b. In the Southwest 10th Street and Carver Estates Overlay Districts, the maximum density allowed is the maximum zoning density allowed in the zoning district. To obtain the maximum density allowed in the zoning district, not only must a minimum of twenty percent of the residential units be developed as workforce housing, but all the performance standards that allow increased density shall also be substantially met. c. Workforce housing units may be located off-site provided the location chosen is within the CDBG area of the City of Delray Beach. d. All sections of Chapter 4.7 apply to the Southwest 10th Street and Carver Estates Overlay Districts except for Sections 4.7.4 and 4.7.11. 11 ORD NO. 66-04 4.7.6 RENTAL HOUSING UNITS a. A covenant shall be recorded in the Public Records specifying the income level served, rent levels, reporting requirements and all restrictions applicable to the workforce housing units. All leases shall contain language incorporating covenants applicable to the workforce housing unit and reference recorded covenants. b. Units targeted to vel}' low income households under the 60% affordability level of the Palm Beach County median income, adjusted for family size, shall not have rental rates that exceed 100% of the HUD determined fair market rent for the area. c. Units targeted to low income households at 61% to the 80% affordability level of the Palm Beach County median income, adjusted for family size shall not have rental rates that exceed 120% of the HUD determined fair market rent for the area. d. Units targeted to moderate income households at 81 % to the 120% affordability level of the Palm Beach County median income, adjusted for family size, shall not exceed 140% of the HUD determined fair market value. e. No workforce house units shall be offered for rent to the general public until all requirements of this section are met. 4.7.7 FOR SALE HOUSING UNITS a. All deeds shall include the restrictive covenants applicable to workforce housing units. All sales contracts shall state that the unit is part of a workforce housing program and subject to Section 4.7 of the Land Development Regulations of the City. b. All purchasers of workforce housing units shall be very low, low or moderate income households; provided, however, in exceptional circumstances when persons in households above the moderate income level are displaced due to redevelopment or catastrophic events, the persons so affected shall also be eligible for workforce housing. Under these circumstances, the Density Bonus Allocations under Section 4.74 shall be for moderate income households. 12 ORD NO. 66-04 --- -------- c. Owners of workforce housing units shall be required to occupy the unit unless evidence is presented indicating that the owner is unable to continuously occupy the unit due to illness or incapacity. d. Closing costs and title insurance shall be paid pursuant to the custom and practice in Palm Beach County at the time of opening of escrow. No charges or fees shall be imposed by the seller on the purchaser of a workforce housing unit which are in addition to or more than charges imposed upon purchasers of market rate units, except for administrative fees charged by the City/CRA, or their designee. e. Sales prices for workforce housing units will be calculated on the basis of: i. The sales price of a new structure for low and very low households may not exceed the maximum price established by the Community Improvement Department under the approved Local Housing Assistance Plan (LHAP). ii. For moderate income households, the maximum price shall be established by the Community Improvement Department based on a formula that considers the prevailing mortgage interest rates, as approved by the City Commission by resolution. f. No workforce housing units shall be offered for sale to the general public until all requirements of this chapter are met. 4.7.8 RESALE AND SUBSEQUENT RENTALS OF AFFORDABLE UNITS To maintain the availability of workforce housing units which may be constructed pursuant to the requirements of this program, the following resale conditions shall be imposed on the workforce housing units and included in the deed or restrictive covenant and recorded in the Public Records of Palm Beach County: a. All workforce housing units shall remain affordable for a period of no less than thirty (30) years commencing from the date of initial occupancy of the unit. 13 ORD NO. 66-04 b. All workforce housing units must be rented or sold to eligible households. There shall be no provisions for releases from the sale or rental of workforce units to eligible households. Workforce housing units may be resold to non-eligible households only when the restriction expires. c. Deed restrictions or restrictive covenants and/or bylaws designed to ensure continued affordability shall be embodied in legally binding agreements which shall be approved by the City Attorney prior to recording. d. Workforce housing unit resales shall be limited to households of the same category relative to income. e. The sales price of workforce housing units may not exceed the upper limit of affordability for the income category to which the unit was originally assigned. f. Transfers of title under the following circumstances shall be allowed, and are not subject to the restrictions included in this program: i. Transfers by inheritance to the purchaser-owner's spouse or offspring, or; ii. Transfers of title to a spouse as part of a divorce dissolution proceeding, or; iii. Acquisition of title or interest therein in conjunction with marriage. g. No resales of workforce housing units shall be completed until the requirements of this chapter are met. 4.7.9 GENERAL PROVISIONS a. All workforce housing units constructed or rehabilitated under this program shall be situated within the development so as not to be in less desirable locations than market-rate units in the development and shall, on average, be no less accessible to public amenities, such as open space, as the market-rate units. 14 ORD NO. 66-04 b. Workforce housing units within a market rate inclusive development shall be integrated with the rest of the development and shall be compatible in exterior design, appearance, construction, and quality of materials and contain comparable HVAC systems and appliances with market rate units and provide them as standard features. c. The developer shall endeavor to provide workforce housing units that include unit types in the same proportion as the market rate housing unit types. The following conditions must be met: i. The proportion of 2 bedroom workforce units to total workforce units may not exceed the proportion of 2 bedroom market rate units to total market rate units. ii. The proportion of 3 bedroom workforce units to total workforce units must meet or exceed the proportion of 3 bedroom market rate units to total market rate units, unless 4+ bedroom workforce units are provided. iii. The proportion of 4+ bedroom workforce units to total workforce units must meet or exceed the proportion of 4+ bedroom market rate units to total market rate units. iv. If the development contains a mix of different types of units, (e.g. condominium, townhouse, detached, etc), the proportion of workforce units of each type to total workforce units must be approximately the same as the proportion of market rate units of each type to total market rate units. v. If the development includes both for sale and for rent units, the proportion of for rent workforce units to for sale workforce units must not exceed the proportion of for rent market rate units to for sale market rate units. vi. Notwithstanding Section 4.7.9 c. i., ii, iii, and iv. above, in the Southwest 10tn Street Overlay District at least 75% of the workforce housing units shall be 3 bedroom units offered for initial sale in an amount not to exceed $225,000.00 and 25% 15 ORD NO. 66-04 of the workforce housing units may be 2 bedroom units offered at the low income afford ability rate. d. The construction schedule for workforce housing units shall be consistent with or precede the construction of market rate units. e. There shall be no lot premiums charged on the workforce housing units. f. All fractional bonus densities shall be rounded down. g. The City of Delray Beach, its successors and assigns may enforce the covenants. No amendments to the covenants shall be made unless by written instrument approved by the City. h. No one bedroom units shall be allowed under the family/workforce housing program. 4.7.10 REVIEW AND APPROVAL PROCESS a. Final Approval Conditions: Final conditions of approval shall specify that the restricted units are priced and/or rented at workforce housing levels and shall state that those units shall be rented and/or sold to the eligible income group. The conditions will also specify the requirements for reporting to the City's Community Improvement Department on buyer eligibility, housing prices, as well as any applicable requirement to record a covenant or to enforce resale restrictions. 4.7.11 DENSITY BONUS TABLES a. The Density Bonus Tables shown below apply to the Southwest Neighborhood Overlay District only and are provided to illustrate bonus densities under various parcel sizes, unit types and income eligibility; however, the density bonus allocations contained in Table 1 shall control densities in the Southwest Neighborhood Overlay District. 16 ORD NO. 66-04 Workforce Housing Program Density Bonus Allocations Owner Occupied - 2-3 Bedroom Units Very-Low Income (4 units oer 1 affordable bonus) Parcel Size Maximum Units at Maximum Units Market Affordable Bonus Total % (acres) Base Density with Bonus Rate Units Units Units Units Affordable 0.5 6 12 5 1 4 10 10.0% 1 12 24 9 3 12 24 12.5% 1.5 18 36 14 4 16 34 11.8% 2 24 48 18 6 24 48 12.5% 2.5 30 60 23 7 28 58 12.1% 3 36 72 27 9 36 72 12.5% 3.5 42 84 32 10 40 82 12.2% 4 48 96 36 12 48 96 12.5% Low Income (3 units per 1 affordable bonus) Parcel Size Maximum Units at Maximum Units Market Affordable Bonus Total % (acres) Base Density with Bonus Rate Units Units Units Units Affordable 0.5 6 12 4 2 6 12 16.7% 1 12 24 8 4 12 24 16.7% 1.5 18 36 12 6 18 36 16.7% 2 24 48 16 8 24 48 16.7% 2.5 30 60 20 10 30 60 16.7% 3 36 72 24 12 36 72 16.7% 3.5 42 84 28 14 42 84 16.7% 4 48 96 32 16 48 96 16.7% Moderate Income (2 units oer 1 affordable bonus) Parcel Size Maximum Units at Maximum Units Market Affordable Bonus Total % (acres) Base Density with Bonus Rate Units Units Units Units Affordable 0.5 6 12 3 3 6 12 25.0% 1 12 24 6 6 12 24 25.0% 1.5 18 36 9 9 18 36 25.0% 2 24 48 12 12 24 48 25.0% 2.5 30 60 15 15 30 60 25.0% 3 36 72 18 18 36 72 25.0% 3.5 42 84 21 21 42 84 25.0% 4 48 96 24 24 48 96 25.0% 17 ORD NO. 66-04 Workforce Housing Program Density Bonus Allocations Owner Occupied - 4+ Bedroom Units Very-Low Income (4.5 units per 1 affordable bonus) Parcel Size Maximum Units at Maximum Units Market Affordable Bonus Total % (acres) Base Density with Bonus Rate Units Units Units Units Affordable 0.5 6 12 5 1 4 10 10.0% 1 12 24 10 2 9 21 9.5% 1.5 18 36 14 4 18 36 11.1% 2 24 48 19 5 22 46 10.9% 2.5 30 60 24 6 27 57 10.5% 3 36 72 28 8 36 72 11.1% 3.5 42 84 33 9 40 82 11.0% 4 48 96 38 10 45 93 10.8% Low Income (3.5 units oer 1 affordable bonus) Parcel Size Maximum Units at Maximum Units Market Affordable Bonus Total % (acres) Base Density with Bonus Rate Units Units Units Units Affordable 0.5 6 12 5 1 3 9 11.1% 1 12 24 9 3 10 22 13.6% 1.5 18 36 13 5 17 35 14.3% 2 24 48 17 7 24 48 14.6% 2.5 30 60 22 8 28 58 13.8% 3 36 72 26 10 35 71 14.1% 3.5 42 84 30 12 42 84 14.3% 4 48 96 35 13 45 93 14.0% Moderate Income (2.5 units oer 1 affordable bonus) Parcel Size Maximum Units at Maximum Units Market Affordable Bonus Total % (acres) Base Densitv with Bonus Rate Units Units Units Units Affordable 0.5 6 12 4 2 5 11 18.2% 1 12 24 7 5 12 24 20.8% 1.5 18 36 11 7 17 35 20.0% 2 24 48 15 9 22 46 19.6% 2.5 30 60 18 12 30 60 20.0% 3 36 72 22 14 35 71 19.7% 3.5 42 84 25 17 42 84 20.2% 4 48 96 29 19 47 95 20.0% 18 ORD NO. 66-04 Workforce Housing Program Density Bonus Allocations Rental - 2-3 Bedroom Units Very-low Income (3 units per 1 affordable bonus) Parcel Size Maximum Units at Maximum Units Market Affordable Bonus Total % (acres) Base Densitv with Bonus Rate Units Units Units Units Affordable 0.5 6 12 4 2 6 12 16.7% 1 12 24 8 4 12 24 16.7% 1.5 18 36 12 6 18 36 16.7% 2 24 48 16 8 24 48 16.7% 2.5 30 60 20 10 30 60 16.7% 3 36 72 24 12 36 72 16.7% 3.5 42 84 28 14 42 84 16.7% 4 48 96 32 16 48 96 16.7% low Income (2 units per 1 affordable bonus) Parcel Size Maximum Units at Maximum Units Market Affordable Bonus Total % (acres) Base Densitv with Bonus Rate Units Units Units Units Affordable 0.5 6 12 3 3 6 12 25.0% 1 12 24 6 6 12 24 25.0% 1.5 18 36 9 9 18 36 25.0% 2 24 48 12 12 24 48 25.0% 2.5 30 60 15 15 30 60 25.0% 3 36 72 18 18 36 72 25.0% 3.5 42 84 21 21 42 84 25.0% 4 48 96 24 24 48 96 25.0% Moderate Income (1 unit per 1 affordable bonus) Parcel Size Maximum Units at Maximum Units Market Affordable Bonus Total % (acres) Base Densitv with Bonus Rate Units Units Units Units Affordable 0.5 6 12 0 6 6 12 25.0% 1 12 24 0 12 12 24 25.0% 1.5 18 36 0 18 18 36 25.0% 2 24 48 0 24 24 48 25.0% 2.5 30 60 0 30 30 60 25.0% 3 36 72 0 36 36 72 25.0% 3.5 42 84 0 42 42 84 25.0% 4 48 96 0 48 48 96 25.0% 19 ORD NO. 66..()4 Workforce Housing Program Density Bonus Allocations Rental- 4+ Bedroom Units Very-Low Income (3.5 units per 1 affordable bonus) Parcel Size Maximum Units at Maximum Units Market Affordable Bonus Total % (acres) Base Densitv with Bonus Rate Units Units Units Units Affordable 0.5 6 12 5 1 3 9 11.1% 1 12 24 9 3 10 22 13.6% 1.5 18 36 13 5 17 35 14.3% 2 24 48 17 7 24 48 14.6% 2.5 30 60 22 8 28 58 13.8% 3 36 72 26 10 35 71 14.1% 3.5 42 84 30 12 42 84 14.3% 4 48 96 35 13 45 93 14.0% Low Income (2.5 units per 1 affordable bonus) Parcel Size Maximum Units at Maximum Units Market Affordable Bonus Total % (acres) Base Densitv with Bonus Rate Units Units Units Units Affordable 0.5 6 12 4 2 5 11 18.2% 1 12 24 7 5 12 24 20.8% 1.5 18 36 11 7 17 35 20.0% 2 24 48 15 9 22 46 19.6% 2.5 30 60 18 12 30 60 20.0% 3 36 72 22 14 35 71 19.7% 3.5 42 84 25 17 42 84 20.2% 4 48 96 29 19 47 95 20.0% Moderate Income (1.5 units per 1 affordable bonus) Parcel Size Maximum Units at Maximum Units Market Affordable Bonus Total % (acres) Base Densitv with Bonus Rate Units Units Units Units Affordable 0.5 6 12 2 4 6 12 33.3% 1 12 24 4 8 12 24 33.3% 1.5 18 36 6 12 18 36 33.3% 2 24 48 8 16 24 48 33.3% 2.5 30 60 10 20 30 60 33.3% 3 36 72 11 25 37 73 34.2% 3.5 42 84 14 28 42 84 33.3% 4 48 96 16 32 48 96 33.3% 20 ORD NO. 66-04 Section 3. That Chapter 4, Section 4.4.6 of the Land Development Regulations is amended by enacting a new Subsection 4.4.6(H)(6), to read as follows: (6) Densitv Bonuses. Densitv bonuses may be aranted as a Conditional Use to eliaible properties aoverned by reaulations set forth in Chapter 4, "Zonina Reaulations", Article 4.4.7, "FamilylWorkforce Housina". Section 4. That Article 4.5, "Overlay and Environmental Management Districts", is hereby amended by adding 4.5.9, "The Southwest Neighborhood Overlay District", to read as follows: A. Defined: The Southwest Neiahborhood Overlay District is the area zoned RM located between Interstate 95 and N.W. 1st Avenue and Atlantic Avenue to S.W. 2nd Street. The applicable reaulations set forth in Section 4.7, "FamilylWorkforce Housina" (in addition to applicable Land Development Reaulations) shall apply to this district. Section 5. That Article 4.5, "Overlay and Environmental Management Districts" shall be amended by adding Section 4.5.10, "The Southwest 10th Street Overlay District" to read as follows: A. Defined: The Southwest 10th Street Overlay District is located between S.W. 10th Street to the north and Reiale Avenue to the South and between Swinton Boulevard to the east and S.W. 2nd Avenue, if it was extended to Reiale Avenue, to the west. The application reaulations set forth in Section 4.7. "Family Workforce Housina" shall apply to the Southwest 1 Oth Street Overlay District in addition to other applicable Land Development Reaulations. Section 6. That Article 4.5, "Overlay and Environmental Management Districts" shall be amended by adding Section 4.5.11, "The Carver Estates Overlay District", to read as follows: A. Defined: The Carver Estates Overlay District covers two areas shown on the map in Section 4.7.1 c of the Land Development Reaulations. The applicable reaulations set forth in Section 4.7, "FamilylWorkforce Housina", shall apply to the Carver Estates Overlay District in addition to other applicable Land Development Reaulations. 21 ORD NO. 66-04 J Section 7. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, clause 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 hereof other than the part declared invalid. Section 8. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 9. That this ordinance shall become effective upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2004. ATTEST: City Clerk MAYOR First Reading Second Reading 22 ORD NO. 66-04 MEMORANDUM TO: MAYOR AND CI1Y COMMISSIONERS FROM: CI1Y MANAGER tf7V( SUBJECT: AGENDA ITEM # \()(' - REGULAR MEETING DECEMBER 6. 2004 ORDINANCE NO. 60-04 (pRIVATELY INITIATED REZONING) DATE: DECEMBER 3, 2004 1bis ordinance is before City Commission for second reading and a quasi-judicial hearing for rezoning from CF (Community Facilities) and R-I-A (Single Family Residential) to RM (Medium Density Residential) for an 8.96 acre parcd of land for The Cottages at Banyan Village, located at the southwest comer of South Swinton Avenue and S.W. 10th Street. The subject property consists of several platted and unplatted parcels. At its meeting of May 17, 2004, the Planning and Zoning Board held a public hearing in conjunction with a related Future Land Use Map (pLUM) amendment from Low Density (LD) to Medium Density Residential (MD) and a rezoning request from R-I-A and CF to RM- 10 for the subject property. The Board voted 3-1 to recommend that the requests be denied based upon inconsistencies with Future Land Use Element Objective A-l, Future Land Use Element Policies A-1.7 and C-1.7, and Housing Element Policy A-12.3 of the Comprehensive Plan as well as not meeting the criteria set forth in Sections 2.4.5(D)(5) (Rezoning Findings), 3.1.1 (Required Findings) and 3.2.2 (Standards for Rezoning Actions) of the Land Development Regulations (LDR). At the June 8, 2004 City Commission Meeting, the aforementioned FLUM amendment and rezoning was approved to facilitate transmittal of the amendment to the Department of Community Affairs (DCA) with direction that the applicant address concerns related to density and affordable housing before the amendment returned from the State. The applicant has modified their rezoning application from RM-I0 to RM (proposed maximum allowable density- twelve (12) dwelling units per acre) to meet the requirements of the Southwest Area Neighborhood Redevelopment Plan. Accompanying the request was a commitment to build at least 20% of the units as workforce housing units, proposed by means of a Restrictive Covenant Agreement, which entailed placing a ten (10) year restriction on the resale of workforce housing units; and assessing a penalty of 50% on the profits made from an early sale. On October 18, 2004, the Planning and Zoning Board held a public hearing in conjunction with the request. The Board voted 5-0 to recommend that the request be approved, by adopting the findings of fact and law contained in the staff report, and that the request is consistent with the Comprehensive Plan and meets the criteria with respect to LDR Sections 2.4. 5 (D) (5) (Rezoning Findings), Section 3.1.1 (Required Findings), and Section 3.2.2 (Standards for Rezoning Actions). At its meeting of October 19, 2004, the City Commission considered the revised rezoning request of RM on first reading. After discussing the method by which the workforce housing component was to be enforced, the Commission continued the request and directed staff to accelerate the Density Bonus Ordinance for the Southwest Area Neighborhood Redevelopment Plan and include this property. A Family/Workforce Housing Ordinance has been prepared which includes this property as an overlay district subject to a requirement to provide at least 20% workforce housing units. At the first reading on November 16, 2004, the City Commission passed Ordinance No. 60-04. Recommend approval of Ordinance No. 60-04 on second and final reading. S:\City Oerk\agenda memos\Ord 60-04 Rezorung COttages at Banyan Village,t206 04 01; i;"!t'~"'i'~:'~' , :.' !;-:.:~ ':'~' '?CITY tOMMISSION DOCOMENTATION'r... , . . .4.....!" . fl1 .'01"'. .... ~ ii-.... . , TO: DAV~ ,CI THRU: R OF PLANNING AND ZONING PAUr. DORLlNG, DIRE FROM: ROBERT G. TEFFT, SENIOR PLANNERc- ~:H-Ji1'~---' SUBJECT: MEETING OF NOVEMBER 16, 2004 PRIVATELY SPONSORED REZONING FROM SINGLE-FAMILY RESIDENTIAL (R-1-A) AND COMMUNITY FACILITIES (CF) TO MEDIUM DENSITY RESIDENTIAL (RM) FOR THE PROPERTIES LOCATED AT THE SOUTHWEST CORNER OF SWINTON AVENUE AND SW 10TH STREET. l~~~_ I ... ~ ~ -;_ . -,-I, '" The subject properties total approximately 8.96 acres and include several platted and unplatted parcels located at the southwest corner of Swinton Avenue and SW 10th Street. The properties are presently. 'zoned either R-1-A or CF with an underlying compatible FLUM designation of LD. At its meeting of May 17, 2004, the Planning and Zoning Board held a public hearing in conjunction with a related Future Land Use Map (FLUM) amendment from Low Density Residential (LD) to Medium Density Residential (MD) and a rezoning request from R-1-A and CF to RM-10 for the subject property. The Board voted 3-1 to recommend that the requests be denied based upon inconsistencies with Future Land Use Element Objective A-1, Future Land Use Element Policies A-1.7 and C-1.7, and Housing Element Policy A-12.3 of the Comprehensive Plan as well as not meeting the criteria set forth in Sections 2.4.5(D) (5), 3.1.1 and 3.2.2 of the Land Development Regulations. The City Commission, at its meeting of June 8, 2004. approved on first reading the aforementioned FLUM amendment and rezoning. The approval was to facilitate transmittal of the amendment to the Department of Community Affairs (DCA) with direction that the applicant address concerns related to the density and affordable housing with staff before the amendment returned from the State. The applicant has been working with staff to meet the requirements of the Southwest Area Neighborhood Redevelopment Plan (provision of affordable housing) and has modified their rezoning application from RM-10 to RM - a change in the proposed maximum allowable density from ten (10) dwelling units per acre to twelve (12) dwelling units per acre. Accompanying the rezoning request was a commitment to build at least 20% of the units as workforce housing units. The commitment, proposed by means of a Restrictive Covenant Agreement. further entailed placing a ten (10) year restriction on the resale of workforce housing units; and assessing a penalty of 50% on the profits made from an early sale. The proposed rezoning was scheduled to be heard by the Planning and Zoning Board at its meeting of September 27, 2004; however the item was continued until the Board's meeting of October 18. 2004, at which time the Planning and Zoning Board held a public hearing in conjunction with the rezoning request and voted 5-0 (Krall absent, Pike stepped down) to recommend that the request be approved, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in Sections 2.4.5(0) (5), 3.1.1 and 3.2.2 of the Land Development Regulations. At its meeting of October 19. 2004, the City Commission considered the revised rezoning request of RM on first reading. After discussing the method by which the workforce housing component was to be enforced the Commission continued the request and directed staff to accelerate the Density Bonus Ordinance being considered for the Southwest Area Neighborhood Redevelopment Plan and include this property within it. A Family I Workforce Housing Ordinance has been prepared which includes this property as an overlay district subject to a requirement of at least 20% workforce housing units being \@.A City Commission Documentation Meeting of November 16, 2004 Privately Sponsored Rezoning for The Cottages at Banyan Village Page 2 provided. This ordinance is being considered on the same agenda as this proposal. Given the voluntary commitment to provide this workforce housing component, the required findings of consistency can be made with respect to the Comprehensive Plan and the Southwest Area Neighborhood Redevelopment Plan for this rezoning request and staff is recommending approval. A. Move approval of the privately sponsored request for a rezoning from R-1-A and CF to RM for the subject property, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in Sections 2.4.5(0) (5), 3.1.1 and 3.2.2 of the Land Development Regulations. B. Move denial of the privately sponsored request for a rezoning from R-1-A and CF to RM for the subject property, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan, specifically Future Land Use Element Objective A-1, Future Land Use Element Policy A-1.7 and C-1.7, and Housing Element Policy A-12.3, and does not meet the criteria set forth in Sections 2.4.5(0) (5), 3.1.1 and 3.2.2 of the Land Development Regulations. C. Continue with direction. _ml'-"'Elfbjt.M_-~lt~ . . ~C"".. ... .~.. .. 16. . .. II .... ~ ... , 1.. lit. '..~, ,.."'" _ ~_ _ .."..._. ....' 'I>OS..... Ill!:. ll. ..;lI.......... ~'" Move approval of the privately sponsored request for a rezoning from R-1-A and CF to RM for the subject property, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in Sections 2.4.5(0) (5), 3.1.1 and 3.2.2 of the Land Development Regulations. Attachments: Planning and Zoning Board Staff Report of October 18, 2004, and Ordinance by Others , . - . PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---ST AFF REPORT --- MEETING DATE: October 18, 2004 AGENDA ITEM: IV. B. ITEM: Rezoning from Single-Family Residential (R-1-A), in part, and Community Facilities (CF), in part, to Multiple Family Residential (RM) (Quasi-Judicial Hearing). - - ~~ - '-- hfmg QI sw ~ - ~ I w <II => Z '" w ...~ GENERAL DATA: > ii:g <- ~~ - uo U <W ffiffitHE 6 c-- Owner I Applicant.................. Balestrieri Development Corp. f-- SE.8m ST Agent............................... Weiner & Aronson, P.A. - ~JI location.... ............................ Southwest Corner of Swinton Q 0- - Z Z S W N 8TH COURT 'if - Avenue and SW 10th Street I ~I I 1I1 - ~I- ~I- Property Size......................... 8.96 Acres L-- I I :;:1- - Current FlUM Designation.... low Density Residential 0-5 du/ac - E:- sW 9TH CT SF' .--.;r (lD) I - Proposed FlUM Medium Density Residential 5-12 - <> - Q Designation....................... du/ac (MD) fr= Q1 - - Current Zoning........ ... .... .... Single-Family Residential (R-1-A) S"'NTON CAROENSp it - ~I- " l<: - and Community Facilities (CF) '" - sw '" n.t <:T nuQt Proposed Zoning................ Medium Density Residential (RM) tI~= Adjacent Zoning. . ... North: Single-Family Residential (R-1-A) - - . I >- ~= South: Single-Family Residential (R-1-A) - - . - - . East Special Activities District (SAD) - - , ~gr{- West Single-Family Residential (R-1-A) - r- S: r--- - 01-- . G I- Existing land Use................. Vacant - ~~ : -:( Q. I-- - ~I- : :r: ""-SON ~ Proposed land Use.............. Rezoning from R-1-A and CF to - I-- I- '- . ~ RaGlE Avt.NUt. II RM Associated with a Proposed J Multiple-Family Development ~.- i Water Service....................... N/A CENTRAL .. VE. )! f-- Sewer Service....................... N/A w f--- ~- -~i g, - - CQ..1JNS A.VEN W , ~ THE .. ~ PLAZA .. 0 Ar --' :1 0 DELRA Y "- COUNTY SAN/TA nON ~ N - ," 1 IV. 8- I IreMzBi!~0'lkE TRE'S~AR(j 'I >... ",~_> ,_,,,,-,,,_y~:;"',__ ~<__>>_ < , ....vy -- -- ->~ The action before the Board is that of making a recommendation to the City Commission on a privately sponsored rezoning from Single-Family Residential (R-1-A) and Community Facilities (CF) to Medium Density Residential (RM) for the properties located at the southwest corner of Swinton Avenue and SW 10th Street. Pursuant to Land Development Regulations (LOR) Section 2.2.2(E) (6), the Local Planning Agency (Planning and Zoning Board) shall review and make a recommendation to the City Commission with respect to a FLUM amendment and Rezoning of any property within the City. r ", ~ _\ f' - "" " " ",' ~,<:',', .^;' . - :'c .1:l~~li~lOCFI,~: " "' "'-.,.., ;---.... '-. - ,..' ~ The subject properties total approximately 8.96 acres and include several platted and unplatted parcels located at the southwest corner of Swinton Avenue and SW 10th Street. The properties are presently zoned either R-1-A or CF with an underlying compatible FLUM designation of LD. Each of the subject properties were at one time zoned R-1-A. At its meeting of February 6, 1996, the City Commission approved the rezoning of a 7.84 acre parcel from R-1-A to CF to accommodate the Full Gospel Assembly Church. The remaining 1.15 acres zoned R-1-A each contained residential structures. The Full Gospel Assembly Church never established operations on the subject property and the single-family homes have been demolished. At its meeting of May 17, 2004, the Planning and Zoning Board held a public hearing in conjunction with a related Future Land Use Map (FLUM) amendment from Low Density Residential (LO) to Medium Density Residential (MO) and a rezoning request from R-1-A and CF to RM-10 for the subject property. The Board voted 3-1 to recommend that the requests be denied based upon inconsistencies with Future Land Use Element Objective A-1, Future Land Use Element Policies A- 1.7 and C-1.7, and Housing Element Policy A-12.3 of the Comprehensive Plan as well as not meeting the criteria set forth in Sections 2.4.5(0) (5), 3.1.1 and 3.2.2 of the Land Development Regulations. The City Commission, at its meeting of June 8, 2004, approved on first reading the aforementioned FLUM amendment and rezoning. The approval was to facilitate transmittal of the amendment to the Department of Community Affairs (DCA) with direction that the applicant address concerns related to the density and workforce housing with staff before the amendment returned from the State. The applicant has been working with staff to meet the requirements of the Southwest Area Neighborhood Redevelopment Plan (provision of workforce housing) and has modified their rezoning application from RM-10 to RM - a change in the proposed maximum allowable density from ten (10) dwelling units per acre to twelve (12) dwelling units per acre. Accompanying the rezoning request was a commitment to build at least 20% of the units as workforce units. The commitment, proposed by means of a Restrictive Covenant Agreement, further entailed placing a ten (10) year restriction on the resale of workforce units; and assessing a penalty of 50% on the profits made from an early sale. The proposed rezoning was scheduled to be heard by the Planning and Zoning Board at its meeting of September 27, 2004; however the item was continued until the Board's meeting of October 18, 2004, in order to give the applicant additional time to address concerns with the Restrictive Covenant Agreement associated with the rezoning. The rezoning request is now before the Board for action. I .' "'" >~_,~;:-" .'" $AA,_>.'_V<,,_"". {C:.v":;"':: ><='_>. ZONING ANALYSIS " ,-~);. ~'- -~; y .,,,..' I . . . ,,' " ^ ~ ~. ' " ,- :." . ^',-- ... -- ,... -,,-",..- ,"-C:p ,_ < . REQUIRED FINDINGS: Pursuant to LOR Section 3.1.1, prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made Planning and Zoning Board Staff REf:: 1: Cottages at Banyan Village - Rezolt;: d from R-1-A and CF to RM Page 2 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. o Future Land Use Map: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. The proposed zoning designation of Medium Density Residential (RM) is consistent with the proposed Medium Density Residential (MD) FLUM designation. Multiple-family townhouse developments are allowed under RM zoning district as a permitted use at a base density of six (6) units per acre. Increases above that density are only allowed if the subsequent development substantially complies with the performance standards listed in LOR Section 4.4.6(1). Based on the above, positive findings can be made with respect to FLUM consistency. o 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 andlor 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 designations from R-1-A and CF to RM on several adjoining parcels, which totals approximately 8.96 acres. The proposed rezoning will result in an increased impact on adopted concurrency standards. Concurrency findings with respect to Parks and Recreation, Schools, Solid Waste, Traffic, and Water and Sewer are discussed below: Parks and Recreation: Pursuant to Land Development Regulations (LOR) Section 5.3.2, a park impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building permit for each unit. Based upon the proposed rezoning, the maximum allowable density (12 du/ac) would allow 107 dwelling units, thus requiring a park impact fee of $53,500. Schools: A School Concurrency Application has been transmitted to the School District of Palm Beach County for their consideration. The Palm Beach County School District must approve the development proposal for compliance with the adopted Level of Service for School Concurrency. Verification from the Palm Beach County School District is pending and the receipt of a written finding of approval from the School District will be required with site plan approval. Solid Waste: The subject properties are presently vacant and therefore currently have no impact on this level of service standard. Assuming the proposed maximum density (12 du/ac), the subject properties will generate 55.64 tons of solid waste per year. The increase can be accommodated by existing facilities and thus, will not have a significant impact on this level of service standard. Traffic: The subject properties current FLUM designation of LD would permit maximum densities that would generate 20 AM. and 23 P.M. peak hour trips. According to the provided traffic study, the proposed zoning designation would allow for a development generating 48 AM. and 56 P.M. peak hour trips, an increase of 28 and 33 peak hour trips, respectively. A copy of the submitted traffic study has been transmitted to the Palm Beach County Traffic Division for review. A letter from the Palm Beach County Traffic Division stating that the proposal complies with the Palm Beach County Traffic Performance Standards Ordinance must be received prior to site plan approval. It is anticipated that the proposal will meet traffic concurrency standards. Based upon the above condition of approval being addressed, a positive finding with respect to traffic concurrency can be made. Planning and Zoning Board Staff Re' --1 Cottages at Banyan Village - Rezor.. ~ from R-1-A and CF to RM Page 3 Water and Sewer: Water service can be provided to the site via connection to a 6" water main located within the SW 10th Street right-of-way (north side of the property), a 2ft water main located within the Reigle Avenue right-of-way (south side of the property), or a 2" and 8" water main located within the Swinton Avenue right-of-way (east side of the property). It is noted that the 2" water mains may need to be upgraded with the future development of the property. Sewer service can be provided to the site via connection to a sanitary sewer main located within either the Reigle Avenue or Swinton Avenue rights-of-way. In order to secure adequate fire suppression, fire hydrants will need to be provided within the development. However. it is noted that fire hydrants exist immediately to the northwest and northeast of the property across SW 10th Street, to the northeast of the property across Swinton Avenue. and to the southeast of the property across Reigle Avenue. The Comprehensive Plan states that adequate water and sewer treatment capacity exists to meet the adopted level of service standard at the City's build-out population. The proposed rezoning will increase the demand on these public services; however adequate capacity exists to accommodate the proposal. Thus, a positive finding with respect to this level of service standard can be made. o Consistency: Compliance with the performance standards set forth in LOR Section 3.2.2, along with the required findings in LOR Section 2.4.5(0) (5), shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. LOR Section 3.2.2: Standards A, B, C and E are not applicable. The applicable performance standard of LOR Section 3.2.2 is as follows: (0) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land use both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. The following neighborhoods, their zoning designations. sizes and densities border the subject properties: Zoning Number of Desianation Residential Lots Total Acreaae Densitv North Bellview Court R-1-A 26 4.84 5.37 Palm State Heights R-1-A 44 10.06 4.37 Swinton Gardens R-1-A 11 3.14 3.50 South Southridge (Plat 1) R-1-A 94 16.11 5.83 East Silver Terrace SAD 70 12.4 5.64 West Sunset Park R-1-A 59 10.1 5.84 Average Density = 5.09 R-1-A = SinQIe-Familv Residential I SAD - Special Activities District The above table indicates that predominantly all of the surrounding single-family neighborhoods have a density of approximately five (5) dwelling units per acre. It is further noted that the majority of these neighborhoods are nonconforming with regard to minimum lot dimensions and/or areas, which results in densities that would be slightly higher than permitted under the present Land Development Regulations. The Noah's Corner subdivision (AKA Swinton Gardens), which IS located at the northwest corner of Swinton Avenue and SW 10th Street directly north of the Planning and Zoning Board Staff Rf' -rt Cottages at Banyan Village - Rezor. d from R-1-A and CF to RM Page 4 subject property, has only recently been developed and conforms to all minimum lot dimension and area requirements. The density of this single-family neighborhood is generally two (2) dwelling units per acre lower than that of its contemporaries and would be drastically less than the proposed multiple-family development at twelve (12) dwelling units per acre. Not withstanding the above, if significant buffers and additional setbacks were provided around the perimeter of the development adjacent to the lower density residential areas, this impact could be mitigated. Further, the placement of lower structures (two stories vs. three stories) toward the perimeter would provide additional protection. These requirements will be addressed with site plan approval which will require a finding of compatibility to increase densities above six (6) units per acre. Based upon the above, given the provision of sufficient buffering from the existing low density neighborhoods and utilization of lower structures around the perimeter of the development, positive findings with regard to LOR Section 3.2.2(0) could be made. LOR Section 2.4.5(0) (5) - Rezonina Findinas: Pursuant to LOR Section 2.4.5(0) (5), in addition to provisions of Chapter Three, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: (a) That the zoning had previously been changed, or was originally established, in error; (b) That there has been a change in circumstances which make the current zoning inappropriate; or (c) That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The following is an excerpt from the applicant's justification statement: "First, Section 2.4.5(0) (5) (b) is applicable because there has been a change in circumstances which makes the current zoning inappropriate. Second, Section 2.4.5(0) (5) (c) is applicable because the requested zoning of RM is more appropriate for the property based upon circumstances particular to the site and neighborhood". "The proposal to rezone the property to RM is to allow redevelopment of the property for multiple family purposes. The highest and best use of the property is multiple family units rather than single family homes. Given the location of the property, change of circumstances, the rezoning and development of other properties in the vicinity to multi-family and the continued escalation of single family home prices in Palm Beach County, redevelopment as single family residences is problematic. To the east of the property are the railroad tracks and across from the railroad tracks are some small business offices, automotive repair facilities and commercial uses for plumbers and other contractors. Further south is the Plaza at Delray shopping center. Further to the south of the proposed development is the Tarmac Ready-Mix Plant which is neighbored by other manufacturing businesses such as Eagle Marine Services, Tyler Fabricators and Buchanan Screen. Recently, Eagle Marine Services received permission [conditional use approval] to conduct boat fabrication at its facilities. Moreover, the City of Delray Beach Water Treatment Plant tower is clearly visible from the site. Finally, further to the east of the property along SW 1 cJh Street, multi-family housing, being Park Place / The Heritage Club, is in the process of being constructed. Therefore, the development of multiple family residences on the subject properties is more logical as this type of residential use provides for a better transition between commercial/industrial uses and single family uses. Overall, a positive finding can be made that the change of circumstances in the area makes the RM zoning district more appropriate than the current zoning". Planning and Zoning Board Staff Re.- '1 Cottages at Banyan Village - Rezon. .3 from R-1-A and CF to RM Page 5 The proposed development is located in the area of The Southwest Area Neighborhood Redevelopment Plan (aplan"). The purpose of the Plan is to move the Southwest Neighborhoods toward stability and stimulate private sector investment in the area. Land within the planning area shall be developed or redeveloped to enhance the existing quality of life, compliment existing land use and result in a mixed, but predominantly residential community with a balance economic base. The Plan provides that increasing residential density and providing affordable and diverse housing for a variety of incomes is a primary Cloal. Since this statement is clearly set forth in the Plan, it should be followed. In order to provide this affordable and diverse housing, twelve (12) units per acre is needed". According to the applicant, the basis for which the rezoning is being sought most closely relates to reasons (b) and (c). If consideration is given to modify the zoning designations, then a designation consistent with the prevailing future land use designation of Low Density to the north, south and west should be given It is noted that the applicant has indicated a willingness to set aside at least 20% of the units within the prospective development for workforce housing. This will meet the overall direction of providing workforce housing of the adopted Southwest Area Neighborhood Plan. To this end, a draft of a Restrictive Covenant Agreement ("Agreement") that would be enacted subsequent to site plan approval has been submitted. Planning and Zoning Department staff as well as the City Attorney's Office have reviewed the Agreement and there is concern with taking the restrictive covenant approach rather then implementing these types of requirements by ordinance. If this issue is appropriately addressed and execution of the Agreement or Ordinance is undertaken, the request may fulfill the necessary rezoning findings as per LOR Section 2.4.5(0) (5). 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 subject properties contain only one significant environmental characteristic, a large Banyan tree located at the northeast corner of the site. This Banyan tree plays an important role in the character of the property and must be incorporated into the design of any future development proposal for the site. While the proposed development of the property will certainly provide additional housing, it is multiple-family vs. single-family and twice the density of the surrounding single-family land uses to the north, south and west. To the east is Swinton Avenue, the F.E.C. Railroad, Old Dixie Highway and a mixture of uses including office, automotive repair, and single-family dwellings. The automotive repair use is currently nonconforming and the current zoning and Silver Terrace Neighborhood Plan calls for neighborhood commercial uses. While the applicant cites the conditions to the east to justify compatibility, these uses are over 270' away given the combined rights-of-way. Given the above, the proposed use and intensity are not complementary to adjacent uses; however given the provision of sufficient buffering from the existing low density neighborhoods and utilization of lower structures around the perimeter of the development, the intensity and compatibility concerns could be mitigated. It is once again stressed that a binding guarantee can not be made that such measures would be implemented. Future Land Use Element Policy C-1.7: The following pertains to the Southwest Neighborhood Redevelopment Area: This area is generally defined as the area bounded by West Atlantic Avenue on the north, SW 1rJh Street on the south, Interstate-95 on the west, and Swinton Avenue on the east. Planning and Zoning Board Staff Re- i Cottages at Banyan Village - Rezonlo.::/ from R-1-A and CF to RM Page 6 Many of the parcels in the area contain vacant or dilapidated structures, substandard parking and substandard landscaping. The area also contains residential areas identified as "Rehabilitation 11 on the Residential Neighborhood Categorization Map contained in the Housing Element. The Southwest Area Neighborhood Plan was adopted by the City Commission at its meeting of June 3, 2003. The Plan establishes a blueprint for the revitalization and stabilization of the area. The Southwest Area Neighborhood Redevelopment Plan is divided into five sub-areas based upon current and proposed land uses. The sub-areas senie to define potential boundaries for the phased implementation of the various plan components. Future development in the area must be in accordance with the provisions of the Redevelopment Plan. The subject property IS located within the borders of the Southwest Area Neighborhood Redevelopment Plan and is more specifically included within sub-area #5. Sub-area #5 is identified as "infill area" consisting of relatively stable residential neighborhoods that are experiencing some deterioration, but do not require substantial redevelopment to achieve community livability goals. The applicant stresses in their justification statement that "increasing residential density and providing affordable housing for a variety of incomes" is a primary goal of the Redevelopment Plan. This theme of providing affordable housing is noted throughout all sub-areas. The reference to increasing residential densities is primarily aimed at sub-areas 1-3. The Redevelopment Plan indicates that in sub-area #5, infill development, housing rehabilitation and code enforcement are recommended. The Redevelopment Plan further states that creative financing and resource development will be required to deliver the product envisioned by community stakeholders without pricing current residents out of the rental and home ownership market. Sub-area #5 is not located within an area specifically recommended for land use actions which would increase residential density. The City Commission is currently considering actions which will implement the portion of the Redevelopment Plan (increasing residential densities) referenced by the applicant. These actions are within sub-areas #1 and #2 and are directly tied to providing the affordable housing envisioned in the plan. This said the provision of affordable housing is an overall theme worth achieving throughout the southwest area through creative methods. If a significant commitment (percentage of units) can be delivered at an affordable rate for a significant amount of time (10 years), compatibility with the Southwest Area Neighborhood Plan can be achieved. Housing Element Policv A-12.3: In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. As discussed previously with the Concurrency analysis, the proposed new development will increase traffic in the surrounding area; however this increase does not appear to be substantial. The resulting increase in units will have little impact on the surrounding area with regard to noise, odors, dust, and/or circulation patterns. The Southwest Area Neighborhood Redevelopment Plan notes that this development parcel is located in a relatively stable neighborhood and "strongly recommends infill development and rehabilitation of existing structures. This strategy should increase the availability of affordable housing options." The introduction of multiple-family uses which includes workforce housing within this area is likely to enhance stability. Based upon the above and the extent of affordable units and their longevity, positive findings with respect to this Comprehensive Plan can be made. -------- Planning and Zoning Board Staff Rr i Cottages at Banyan Village - Rezon,,,~ from R-1-A and CF to RM Page 7 I REVIEW BY OTHERS I The subject properties are not in an area that requires review by the Community Redevelopment Agency (CRA) or Downtown Development Authority (DDA). Courtesy Notices: Special courtesy notices were provided to the following homeowners and civic associations: o Presidents Council o Progressive Residents of Delray (P.RO.D.) o United Property Owner's Association Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of support or objection, if any, will be presented at the Planning and Zoning Board meeting. I ASSESSMENT AND CONCLUSION " ',,, ~ > "'-;. , ~ '. ,^.: , ":1 ' ^" , - ~~ In the absence of specific enforceable commitments to provide workforce housing components and varying step backs in development intensity, the proposed rezoning from R-1-A and CF to RM would be inconsistent with respect to the Comprehensive Plan and Land Development Regulations Sections 2.4.5(0) (5), 3.1.1 and 3.2.2(0). With the formalization of appropriate agreements positive findings may be made with regard to Consistency with the Comprehensive Plan as it relates to the provision of workforce housing and the Southwest Area Neighborhood Redevelopment Plan. The subject property is located within sub-area #5 of the Southwest Area Neighborhood Redevelopment Plan [ref. Future Land Use Element Policy C-1.7]. The Redevelopment Plan indicates that in sub-area #5, infill development, housing rehabilitation and code enforcement are recommended. The Redevelopment Plan further states that creative financing and resource development will be required to deliver the product envisioned by community stakeholders without pricing current residents out of the rental and home ownership market. While sub-area #5 is not located within an area specifically recommended for land use actions which would increase residential density, this would qualify as a creative way to provide workforce housing options. Accordingly, the goals of the Redevelopment Plan would be furthered by the proposed FLUM amendment and associated rezoning and positive findings can be made with respect to Future Land Use Element Policy C-1. 7. Careful consideration to the related site plan (Le. increased buffers, stepping-in of height, and affordable housing options must be considered to assure that the introduction of incompatible multiple-family uses within this area will not occur. Such an introduction would likely result in a destabilization of the neighborhood via a gentrifying effect. If the appropriate workforce housing component is introduced positive findings can be made with regard to Housing Element Policy A-12.3. I' ," AL TERNAJIVE;ACTIONS ^, " .r, "<.' ',{I -v~~ -' ,', '..,,: , A. Continue with direction. B. Move a recommendation of approval to the City Commission for the privately sponsored request for a rezoning from R-1-A and CF to RM for the subject property, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in Sections 2.4.5(0) (5), 3.1.1 and 3.2.2 of the Land Development Regulations. Planning and Zoning Board Staff Rf' 1: Cottages at Banyan Village - Rezon., ::f from R-1-A and CF to RM Page 8 C. Move a recommendation of denial to the City Commission for the privately sponsored request for a rezoning from R-1-A and CF to RM for the subject property, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan, specifically Future Land Use Element Objective A-1, Future Land Use Element Policy A-1.7 and C-1.7, and Housing Element Policy A-12.3, and does not meet the criteria set forth in Sections 2.4.5(0) (5), 3.1.1 and 3.2.2 of the Land Development Regulations. I . .0. . .,'. RECOMMENDED ACTION "..." _-'. un _~, ~ '--<' ,,' Move a recommendation of approval to the City Commission for the privately sponsored request for a rezoning from R-1-A and CF to RM for the subject property, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in Sections 2.4.5(0) (5), 3.1.1 and 3.2.2 of the Land Development Regulations. Attachments' Location Map Staff Report Prepared by: Robert G. Tefft, Senior Planner 6t ""\ \"- I I~ '~"i~ ~ --1 f'.. "J: :: ~ ~ I' I' I'" 1 I \ I ) ;ii'" I I ' ~ ~ ~ 8tH ~~A~NUE- '" s...., ffiHffiHl8llf A\IE. S.W, :==1-- 8tH :> - I-- ,.. .. ~ .... ~ Z ~ @ "'0... _ x , I- II!' " ~~ - ,.. "'-f--I '" ~ ~!i ci-- s...., 7tH A\IE. - s...., ~ CD ~ ~I-- = -- mE '1 ~ I-- = __ ~ ~ ~ ~ ::! 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C) ....'" g ~ r iY~ O<(R FEDERAL c:J:rIo ~CE '" C .... ~ R6>O..p Of )- ^ ( !" v: g~ zvr -u~ !"' .... ~ -0 1:. ~ S.E. 7,.. 'i.Vf: .. .... '" ~~ f J I f1 \ R }~H ii.Y' 'r\. I r ]~ .f" ....}- .~ I (~ ' TRACOASTAl WATERWAY I I ORDINANCE NO. 60-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED R-I-A (SINGLE FAMILY RESIDENTIAL) DISTRICT AND CF (COMMUNITY FACILITIES) DISTRICT TO RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT; SAID LAND BEING A PARCEL OF LAND LOCATED AT THE SOUTHWEST CORNER OF SW 10TH STREET AND SOUTH SWINTON AVENUE, AS MORE P ARTICULARL Y DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRA Y BEACH, FLORIDA, JULY 2004"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTNEDATE. WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, July 2004 as being zoned R-I-A (Single Family Residential) in part and CF (Community Facilities) District in part; and WHEREAS, at its meeting of October 18, 2004, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted .. to .. to recommend.......... of the rezoning of the property hereinafter described, based upon a failure to make positive findings; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, be amended to reflect the revised zoning classification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Zoning District Map of the City of Delray Beach, Florida, be, and the same is hereby amended to reflect a zoning classification of RM (Medium Density Residential) District for the following described property: The West 175 feet of the North 120.9 feet of the East half (E ~) of Lot 13, Section 20, Township 46 South, Range 43 East according to the Plat thereof, on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book 1, Page 4, less the North 40 feet thereof for right of-way of SW 10th Street and also less the West 10 feet thereof. . . . Together With The East 188.74 feet of the North Quarter (N ~) of the East half (E Yz) of Lot 13, Section 20, Township 46 South Range 43 East, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book I, Page 4, less the North 40 feet thereof for right-of-way of Southwest 10th Street and also less the East 33 feet thereof for right-of-way of South Swinton Avenue. Together With The West 194.74 feet of the East 487.74 feet of the North half (N ~) of the Northeast quarter (NE ~) of Lot 13, Section 20, Township 46 South, Range 43 East according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book 1 Page 4 less the North 120.9 feet thereof. Together With The South half (S ~) of the North half (N ~) of the East half of Lot 13, Section 20, Township 46 South, Range 43 East according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book 1, Page 4, less the West 10 feet thereof and also less therefrom that portion conveyed to the City of Delray Beach in Official Record Book 1659, Page 929 for right-of-way of South Swinton Avenue. Together With The West 99 feet of the East 287.74 feet of the North quarter (N ~) ofthe East half(E ~) of Lot 13, Section 20, Township 46 South, Range 43 East, less the East 15 feet of the South 85 feet thereof, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book 1 Page 4 and also less the North 40 feet thereof for right-of-way ofSW lOth Street. Together With The West 100 feet of the East 387.74 feet of the North 120.9 feet of the East half of Lot 13, of the Subdivision of Section 20, Township 46 South, Range 43 East in Palm Beach County, Florida, in Plat Book 1, Page 4, Public Records of Palm Beach County, Florida, less the North 35 feet thereof. 2 ORD NO. 60-04 Together With The West 100 feet of the East 487.74 feet of the North 120.9 feet of Lot 13, Section 20, Township 46 South, Range 43 East according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book I, Page 4, less the North 35 feet there~f for right-of-way SW loth Street. Together With Lots 1 through 23, inclusive, Plat No 3, Southridge Subdivision of the City of Delray Beach, Florida, as per Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County Florida, recorded in Plat Book 24, Page 24, as well as that parcel or quantity of land abandoned by the City of Delray Beach, Florida, on March 7 1960, which quantity ofland comprises of the 50 foot right-of-way on SW loth Court, less that portion of the subject property included in the widened right-of-way of South Swinton Avenue, as described by deed recorded in Official Records Book 1659, Page 937, Public Records of Palm Beach County, Florida. Together With The East 15 feet of the South 85 feet of the West 99 feet of the East 287.74 feet ofthe North quarter (N v..) of the East half (E Yl) of Lot 13, Section 20, Township 46 South, Range 43 East, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court an and for Palm Beach County, Florida, in Plat Book 3, Page 4. 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. 3 ORD NO. 60-04 , . Section 5. That this ordinance shall become effective immediately upon the effective date of Ordinance 29-04, under which official land use designation of MD (Medium Density Residential 5- 12 du/ac) is affixed to the subject parcel hereinabove described. PASSED AND ADOPTED in regular session on second and final reading on this the _ day of , 200_. ATTEST MAYOR City Clerk First Reading Second Reading 4 ORD NO. 60-04 --- MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # \0 t> - REGULAR MEETING OF DECEMBER 6.2004 ORDINANCE NO. 65-04 (ANNEXATION. SMALL-SCALE FUTURE LAND USE MAP AMENDMENT. AND REZONING) DATE: DECEMBER 3, 2004 lbis Ordinance is before City Commission for second reading and a quasijudicial hearing for Future Land Use Map Amendment (FLUM) from County LR-3 (Low Residential- 3 units per acre) to GC (General Commercial) and annexation with initial zoning of AC (Automotive Commercial) for a parcel of land within unincorporated Pahn Beach County, located at 5005 Conklin Drive (northwest comer of Military Trail and Conklin Drive aka Tire Kingdom). The 0.99 acre property currendy has a CG/SE (Commercial General/Special Exception) zoning designation. The property consists of a tire store and automobile repair facility and is located within the City's Planning Area (Future Annexation Area) and the owner is seeking voluntary annexation at this time. On November 15, 2004, the Planning and Zoning Board held a public hearing in conjunction with the request. A few members of the public spoke in opposition. They were concerned with truck traffic, loitering, and noise associated with the facility as well as any future expansion. There were also concerns noted that Tire Kingdom is not complying with the hours of operation stipulated with the County agreement (8:00 a.m. - 5:30 p.m.). The Board voted 6-0 to recommend that the request be approved by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in Land Development Regulations (LDR) Section 2.4.5(0)(5) (Rezoning Findings), Section 3.1.1 (Required Findings), and Section 3.2.2 (Standards for Rezoning Actions) subject to the conditions set forth in Palm Beach County Resolution No. R-85-394. At the first reading on November 16, 2004, the City Commission passed the Ordinance No. 65-04. Recommend approval of Ordinance No. 65-04 second and final reading. s:\C,ty Clerk\agenda memos\Ord 65.04.Ttre Kmgdorn1206 04 - -~- -- - -~- Ox ~ 1- - - CITY COMMISSION DOCUMENTATION 1 TO: DA~R THRU: PAUL DORLlNG, DIRE OR OF PLANNING AND ZONING FROM: ESTELlO BRETO, SENIOR PLANNER.J2 ~ ~ . SUBJECT: MEETING OF NOVEMBER 16, 2004 ANNEXATION. SMAll-SCALE FUTURE lAND USE MAP AMENDMENT FROM COUNTY lR-3 (lOW RESIDENTIAL - 3 DUlAC) TO CITY GC (GENERAL COMMERCIAL), AND REZONING FROM COUNTY CGISE (COMMERCIAL GENERAL/SPECIAL EXCEPTION) TO AC (AUTOMOTIVE COMMERCIAL) FOR A 0.99 ACRE PROPERTY lOCATED ON THE WEST SIDE OF MILITARY TRAil. APPROXIMA TEL Y 1000 FEET SOUTH OF lAKE IDA ROAD. I. . . . BACKGROUND 1 The 0.99 acre property is currently located in unincorporated Palm Beach County and has a CG/SE (Commercial General/Special Exception) zoning designation. The property is located within the City's Planning Area (Future Annexation Area) and the owner is seeking voluntary annexation at this time. The subject property consists of a tire store and automobile repair facility. The repair activities are related to tire and wheel installation, including wheel balancing and brake repair. The hours of operation are from 8:00 A.M. to 5:30 P.M. Tire kingdom was established in the County via Resolution NO.R-85-394 approved on March 5, 1985. This resolution approved zoning petition 84-128, a Special Exception to allow a tire store and automobile repair facility to operate on Lots 1, 2, 3, and 4, Block 1, Rockland Park. in Section 14, Township 46 South, Range 42 East. I. .. PLANNING AND ZONING BOARD CONSIDERATION I The Planning and Zoning Board (P & Z) will consider the request at their November 15, 2004 meeting. The findings and recommendation of the P & Z Board on the Annexation, the FLUM amendment from County LR-3 (Low Residential - 3 du/ac) to City GC (General Commercial), and the initial zoning designation of AC (Automotive Commercial), will be provided at the City Commission meeting. , ,'''" RECOMMENDED ACTION I By motion, approve on first reading the ordinance for Annexation, the FLUM amendment from County LR-3 (Low Residential - 3 du/ac) to City GC (General Commercial), and the initial zoning designation of AC (Automotive Commercial), based upon the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan, and does meet the criteria set forth in Sections 2.4.5(0) (5), 3.1.1 and 3 2.2 of the Land Development Regulations, and set a public hearing date of November 16, 2004. Attachments: Staff Report prepared for the P & Z meeting of November 15, 2004 \~. V / g I I FERND'" ~i 'DR,I) II ~ --':~~:~ I \! 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A II C D I " '- . ~-..l ! ;.' ~ ',~ '4 ~.. ~.t ORDINANCE NO. 65-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND LOCATED AT THE NORTHWEST CORNER OF CONKLIN DRIVE AND MILITARY TRAIL, AS MORE P ARTICULARL Y DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS; REDEFINING THE BOUNDARIES OF THE CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AFFIXING AN OFFICIAL LAND USE DESIGNATION OF GC (GENERAL COMMERCIAL) FOR SAID LAND TO THE FUTURE LAND USE MAP AS CONTAINED IN THE COMPEHENSIVE PLAN; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; PROVIDING FOR THE ZONING THEREOF TO AC (AUTOMOTIVE COMMERCIAL) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, New Rochelle Plaza, a New York general partnership is the fee simple owner of a 0.99 acre parcel of land located at the northwest corner of Conklin Drive and Military Trail; and WHEREAS, New Rochelle Plaza, a New York general partnership have requested by voluntary petition to have the subject property annexed into the municipal limits ofthe City of Delray Beach; and WHEREAS, the subject property hereinafter described is contiguous to the corporate limits of the City of Delray Beach, Florida; and WHEREAS, the City of Delray Beach has heretofore been authorized to annex lands in accordance with Section 171.044 of the Florida Statutes; and WHEREAS, the subject property hereinafter described is presently under the jurisdiction of Palm Beach County, Florida, having a County Future Land Use Map (PLUM) designation of LR-3 (Low Residential3-du/ac); and WHEREAS, the Advisory Future Land Use Map designation for the subject property in the City of Delray Beach, Florida, is MD (Medium Density Residential 5-12 du/ac); and WHEREAS, the City's FLUM designations as initially contained on the City's Future Land Use Map adopted in November, 1989, and as subsequently amended, are deemed to be advisory only until an official Land Use Amendment is processed; and WHEREAS, the designation of a zoning classification is part of this proceeding, and the provisions of Land Development Regulations Chapter Two have been followed in establishing the proposed zoning designation; and WHEREAS, pursuant to LDR Section 2.2.2(6), the Planning and Zoning Board held a public hearing and considered the subject matter at its meeting of November 15, 2004, and voted 6 to 0 to recommend that the requests be approved with an initial zoning of AC (Automotive Commercial), based upon positive fmdings; and WHEREAS, pursuant to Florida Statute 163.317 4( 4)( c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the changes are consistent with and furthers 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. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That the City Commission of the City of Delray Beach, Palm Beach County, Florida, hereby annexes to said City the following described land located in Palm Beach County, Florida, which lies contiguous to said City to-wit: Lots 1,2,3 and 4, Block 1 Rockland Park, Palm Beach County, Florida according to the Plat thereof recorded in Plat Book 24, Page 23 of the Public Records of Palm Beach County, Florida, less the additional right-of-way for Military Trail (State Road 809) conveyed to Palm Beach County by deed in Official Record Book 4599, Page 799, Palm Beach County Public Records The subject property is located at the northwest comer of Conklin Drive and Military Trail. Section 3. That the boundaries of the City of Delray Beach, Florida, are hereby redefined to include therein the above-described tract of land and said land is hereby declared to be within the corporate limits of the City of Delray Beach, Florida. Section 4. That the land hereinabove described shall immediately become subject to all of the franchises, privileges, immunities, debts, obligations, liabilities, ordinances and laws to which lands in the 2 ORD NO. 65-04 City of Delray Beach are now or may be subjected, including the Stormwater Management Assessment levied by the City pursuant to its ordinances and as required by Florida Statutes Chapter 197, and persons residing thereon shall be deemed citizens of the City of Delray Beach, Florida. Section 5. That this annexation of the subject property, including adjacent roads, alleys, or the like, if any, shall not be deemed acceptance by the City of any maintenance responsibility for such roads, alleys, or the like, unless otherwise specifically initiated by the City pursuant to current requirements and conditions. Section 6. That the Future Land Use Map designation of the subject property is hereby officially affixed as GC (General Commercial). Section 7. That the City of Delray Beach elects to make this small scale amendment by having only an adoption hearing, pursuant to Florida Statutes Section 163.3187(1)(c)3. Section 8. That Chapter Two of the Land Development Regulations has been followed in establishment of a zoning classification in this ordinance and the tract of land hereinabove described is hereby declared to be in Zoning District AC (Automotive Commercial) as defined by existing ordinances of the City of Delray Beach. Section 9. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 10. 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 11. That this ordinance shall become effective as follows: As to annexation, immediately upon passage on second and final reading; as to land use and zoning, thirty-one (31) days after adoption, unless the amendment is challenged pursuant to Section 163.3187(3), F.S. If challenged, the effective date of this amendment shall be the date a final order is issued by the Department of Community Affairs, or the Administration Commission, finding the amendment in compliance with Section 163.3184, F.S. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the Department of Community Affairs, Bureau of Local Planning, 2740 Centerview Drive, Tallahassee, Florida 32399-2100. PASSED AND ADOPTED in regular session on second and final reading on this the _ day of , 200_ 3 ORD NO. 65-04 ATTEST MAYOR City Clerk First Reading Second Reading 4 ORD NO. 65-04 I ~ CITY COMMISSION DOCUMENTATION I TO: DAVID T. HARDEN, CITY MANAGER THROUGH: JEFFREY A. COSTEllO, ACTING DIRE FROM: ROBERT G. TEFFT, SENIOR PlANNE~~~/ SUBJECT: MEETING OF DECEMBER 6, 2004 REQUEST TO ESTABLISH THE NORTHWEST SWINTON AVENUE HISTORIC DISTRICT, WHICH IS GENERAllY DESCRIBED AS THOSE PROPERTIES ABUTTING THE WEST SIDE OF NORTH SWINTON AVENUE BETWEEN TRINITY lUTHERAN CHURCH AND THE NORTH SIDE OF NW 17TH STREET. I -. .-- -- --. .- . .-.. . --- .--- -. --. I BACKGROUND' ANALYSIS The Historic Resources Survey, Phase II, was conducted in June 2002, and consisted of a large survey area generally spanning from 1-95 to the Intracoastal Waterway and from SE 3rd Street to the north side of NE 9th Street. The survey included those properties between Trinity Lutheran Church and the north side of NE 9th Street, which exist within the boundanes of the proposed Northwest Swinton Avenue Historic District. The balance of the properties within the proposed historic district were analyzed by staff through windshield surveys and reviews of building permit records in order to establish their standing within the proposed district. The district was chosen for designation based upon its high architectural integrity and diversity of architectural styles as well as its contiguous expanse of extant contributing historic buildings and structures. Thus, the Northwest Swinton Avenue area is being considered for designation as a histonc distnct under the criteria listed in Land Development Regulations (LDR) Sections 4.5.1 (B) (3) (a) and (b), as the area portrays high styles and local interpretations of distinctive architectural styles and embodies distinctive charactenstics typical of those styles and period of construction. In March 2004, staff discussed the possibilities of creating a new historic district on the west side of North Swinton Avenue with the Historic Preservation Board (HPB), based upon the findings of the Historic Resources Survey, Phase II. The initial district boundaries were established in order to provide a symmetrical and uniform boundary The district extended from North Swinton Avenue westward to NW 2nd Avenue as the existing Del-Ida Park Historic District and proposed Dell Park Historic District would provide protection for those historic properties to the east along North Swinton Avenue At its meeting of August 18, 2004, the HPB set a public hearing date of October 6, 2004, to discuss the proposed historic district and provide a recommendation to the City Commission. At its meeting of October 6, 2004, the Board conducted the public hearing in conjunction with review of the historic district designation request While some members of the public spoke in favor of the proposed historic district designation, several members spoke against the designation citing concerns over homeowner's insurance availability and costs, the perceived advantages and disadvantages of the designation, the disparity between contributing and noncontributing structures, and the boundaries of the proposed historic district Several individuals also spoke about the lack of time to research the impacts of the designation After reviewing the staff report and discussing the proposal, the Board voted unanimously (7-0) to postpone action on the designation request until the Board's meeting of November 3, 2004 At its meeting of November 3, 2004, staff provided the Board with an alternative district boundary that removed several noncontributing properties from the originally proposed district, thus providing a higher percentage of contributing properties. Several members of the public spoke and cited concerns over the need to designate the entire area as a historic district and the benefits, or lack thereof, which would be gained by such a designation. The Board discussed the originally proposed district as well as staff's proposed alternative and a district comprised solely of those properties that abut the west side of North Swinton Avenue. After reviewing the staff report and discussing revised district boundaries, the Board \eE City Commission Documentation Meeting of December 6, 2004 Northwest Swinton Avenue Historic District Page 2 voted unanimously (7-0) to forward a recommendation of approval to the City Commission to establish the Northwest Swinton Avenue Historic District being generally described as those properties abuttin~ the west side of North Swinton Avenue, between Trinity Lutheran Church and the north side of NW 1 i Street. The historic district, as proposed by the HPB, consists of 37 properties of which 12 would be considered noncontributing and 25 would be considered contributing. The contributing properties represent 67.56% of the modified historic district, which is a significant increase upon the 38.96% as proposed with the original boundaries. Additional information concerning the proposed historic district can be found in the attached Designation Report. I - ----- . . . I RECOMMENDATION Move approval on first reading of Ordinance No. 72-04 to establish the Northwest Swinton Avenue Historic District, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in Sections 4.5.1 (B) (3) and 4.5.1 (C) of the Land Development Regulations, with second reading to occur on January 4,2005. Attachments: Northwest Swinton Avenue Historic District - Original Boundanes / HPB Recommended Boundaries, Ordinance No. 72-04 and Designation Report o I, I I " ,I I 5 ' SCHOOL ~~ I ~ f-----,' :5: ~ I I -< i I '~.":' . , : I I e - , ~ ! I"~ I ffi7 I' II. N W 17TH ST ,i' ..... I, . I I I---- J [ NW 17TH ST t".. "":" " ,I N [.. 17TH ,,/ I------ / ffiE ~ I' t1E g , \ ; ~ . ~..... ... I. . : /~\ i i II i ' i' , ,.. "" ". " " " I -1 i ttj~. ' LAKE DRIVE I I. u.... .. . I ~i = rn~ffi:'\rn tiliLBJ ~~.''': ,~:, ::.:, .,. ,:~ '6TH, ,ST, N [ I 16TH ST ,; .., -~ I ".... M,""'~' .'~I 6 5E I nJ~t a:: I I I I , _ 0 w ~' N WI: 1-' ." ~ . - I \ I : i' i ~ ~ I '! I'. ~ ..., . :~ I f- BONNI[ BRI~R w I I I .., -, I '" ,~. ~ ,. ,.. ..,,' I L EEB' Z N [ '5TH ST " II .."~,, I 1'-3' ~~=( Ie: ~H+~-+r8; . j:: ." J E~"":," ,~,. .' : T \ f---- ; I ~ I ,~ ... J I------ _ &~ I " ' \ i N ~ . .~. I I ' N [14TH _ " N W 13TH ST '-----'-k' . . ~: I HIG~AN' i" I. i! 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I I ~- \ ! \ ~:rnTVI I;; : I I ~---.r-- .- ]';:"~I - I 1 i, ':::= _'~ : ~A ' E: 1 r' NE 5TH CT - ~z I I RD! ' : ~ <c I y I f ~ '- .: j " ~ ' ! f .., = - i: I '-'I' " c... _ i.z- ~ , " ' , ^ LJ I 1 I . i i I · T '.., rn,"'~ " e"LJ ~ =1 -~ ii' I~~ ! ; NE 5TH ST --j:5- 1 i j D BOY SCOUT. ! LUTHERAN ~., i. ! I ~ ,--i - , aiIUl HUT I I ' !, , ' ~u - reAR<"""": , I ' ' , , , ~, ~ CEN1I"R ' , , I 1 : ..., i I I II r-----::. I L A K E IDA R 0 A 0 N ~ 1 · 4TH i' ST N PROPOSED NORTHWEST SWINTON HISTORIC DISTRICT - LEGEND ALTERNATIVE 2 '00 1984 W../..1j - - - -- CITY OF DELRA Y BEACH, Fl ~ ~ PLANNING'" ZONING DEPARTMENT STREET NUMBER YEAR BUILT CONTRIBUTING HISTORIC BOUNDARY -- DIGITAL BASE Mol? SYSTEM -- MAP REF LMA178 - -- - ORDINANCE NO. 72-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, DESIGNATING AN AREA IN SECTION 8, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY FLORIDA, LOCATED ON THE WEST SIDE OF NORTH SWINTON AVENUE, BETWEEN TRINITY LUTHERAN CHURCH AND THE NORTH SIDE OF NW 17TH STREET (NORTHWEST SWINTON AVENUE HISTORIC DISTRICT) AS AN HISTORIC PRESERVATION DISTRICT; AS MORE PARTICULARL Y DESCRIBED HEREIN, PROVIDING FOR THE AMENDMENT OF THE "ZONING MAP OF DELRAY BEACH, FLORIDA, JULY 2004"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, Section 4.5,1 of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach provides for the designation of historic districts; and WHEREAS, the Historic Preservation Board of the City of Delray Beach held a duly noticed public hearing in regard to the designation of the historic preservation district; and WHEREAS, on November 3, 2004 the Historic Preservation Board of the City of Delray Beach recommended 7 to 0 that the property described herein be designated as a historic preservation district; 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, the City Commission of the City of Delray Beach has conducted a duly noticed public hearing in regard to the designation of the historic preservation district described herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA. AS FOLLOWS: -- ------- Section 1, That the recitations set forth above are incorporated herein. Section 2. That the following described properties in the City of Delray Beach, Florida, are hereby designated as The Northwest Swinton Avenue Historic District in accordance with and under the provisions of Section 4,5.1 of the Land Development Regulations of the City of Delray Beach, Florida, to-wit: E 3 ft of Lot 13 & all Lot 14, Block B, Third Addition to High Acres, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 24, Page 19, of the Public Records of Palm Beach County, Florida; Together With; S 150 ft of N 627 ft of E 304.5 ft of Tract 6 lying S of & adjacent to NW 17th Street r/w (Less S 9 ft of W 139.5 ft & E 30 ft N Swinton Ave road r/w) , Subdivision of Section 8-46-43, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 4, of the Public Records of Palm Beach County, Florida; Together With; Lot 9, Block 10, Crest Lake Park, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 4, Page 10. of the Public Records of Palm Beach County, Florida; Together With; Lot 1, High Acres, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 21, Page 85, of the Public Records of Palm Beach County, Florida; Together With; S 123.7 ft of E 193 ft of N 1/2 of S 1/2 of Tract 6 (Less E 30 ft N Swinton Avenue road r/w) , Subdivision of Section 8-46-43. a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 4, of the Public Records of Palm Beach County, Florida; Together With; 2 ORD NO, 72-04 --- E 158 ft of N 1/2 of S 1/4 of Tract 6 (Less S 25 ft NW 15th Street & E 33 ft N Swinton Avenue road r/ws) , Subdivision of Section 8-46-43, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 4. of the Public Records of Palm Beach County, Florida; Together With; S 1/2 of S 1/4 of E 154 ft of Tract 6 (Less N 25 ft NW 15th Street & E 33 ft N Swinton Avenue road r/ws). Subdivision of Section 8-46-43, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1. Page 4, of the Public Records of Palm Beach County, Florida; Together With; N 1/2 of NE 1/4 of Tract 7 (Less W 189.7 ft & E 33 ft N Swinton Avenue road r/w) , Subdivision of Section 8-46-43, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 4, of the Public Records of Palm Beach County, Florida; Together With; S 1/2 of NE 1/4 of Tract 7 (Less W 200 ft & E 33 ft N Swinton Avenue road r/w). Subdivision of Section 8-46-43, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1. Page 4, of the Public Records of Palm Beach County, Florida: Together With; Lots 1 & 12, The Grove, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 20, Page 92, of the Public Records of Palm Beach County. Florida; Together With; Lots 1 to 4, inclusive & E 1/2 of Lot 5. Block A & Lots 24 & 25, Block B, Pineridge Heights, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 13. Page 80, of the Public Records of Palm Beach County, Florida; Together With: 3 ORD NO, 72-04 E 365,69 ft of Lot 8 (Less S 20 ft of W 40 ft), Subdivision of S 1/2 of E 1/2 of Lot 8, Section 8-46-43, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 16, Page 80, of the Public Records of Palm Beach County. Florida; Together With; Lot 6, Fairacre, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 24, Page 53, of the Public Records of Palm Beach County, Florida; & Lot 7, Subdivision of S 1/2 of E 1/2 of Lot 8. Section 8-46-43, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 16, Page 80, of the Public Records of Palm Beach County, Florida; Together With; S 125 ft of E 214.33 ft of Tract 8 (Less S 25 ft NW 11th Street & E 25 ft N Swinton Avenue road r/ws), Subdivision of Section 8-46-43, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 4, of the Public Records of Palm Beach County, Florida; Together With; Lot 1, Victorian Gardens, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 86, Page 161. of the Public Records of Palm Beach County. Florida; Together With; N 100 ft of S 200 ft of E 1/2 of NE 1/4 of Tract 9 (Less W 141.75 ft & E 33 ft N Swinton Avenue road R1W). Subdivision of Section 8-46-43, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1. Page 4, of the Public Records of Palm Beach County, Florida; Together With; S 100 ft of E 1/2 of NE 1/4 of Tract 9 (Less W 125 ft & E 33 ft N Swinton Avenue road r/w) , Subdivision of Section 8-46-43. a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 4, of the Public Records of Palm Beach County, Florida; Together With; 4 ORD NO, 72-04 N 213 ft of E 1/2 of SE 1/4 of Tract 9 (Less W 15 ft NW 1st Avenue r/w & N Swinton Avenue road r/w) , Subdivision of Section 8-46-43, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 4, of the Public Records of Palm Beach County, Florida; Together With; E 1/2 of SE 1/4 of Tract 9 (Less N 213 ft, W 135 ft, S 15 ft NW 9th Street r/w & N Swinton Avenue road r/w) , Subdivision of Section 8-46-43, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 4, of the Public Records of Palm Beach County. Florida; Together With; N 115 ft of E 120 ft of Tract 10 (Less N 15 ft NW 9th Street r/w & N Swinton Avenue road r/w) , Subdivision of Section 8-46-43, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 4, of the Public Records of Palm Beach County, Florida; Together With; NL Y 137.45 ft of SL Y 551.46 ft of EL Y 206.83 ft of Tract 10 (Less S 18 ft NW 8th Street r/w & N Swinton Avenue road r/w) , Subdivision of Section 8-46-43, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 4, of the Public Records of Palm Beach County, Florida; Together With; N 199 ft of S 414 ft of E 333 ft of Tract 10 (Less N 18 ft NW 8th Street r/w, N Swinton Avenue road r/w & W 18 ft NW 1 st Avenue r/w) , Subdivision of Section 8-46-43, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 4, of the Public Records of Palm Beach County. Florida; Together With; S 215 ft of E 160 ft of Tract 10 (Less S 15 ft NW 7th Street r/w & N Swinton Avenue road r/w) , Subdivision of Section 8-46-43, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 4, of the Public Records of Palm Beach County, Florida; 5 ORD NO. 72-04 - Together With; Lots 3 & 4 & 16 ft abandoned Alley lying W of & adjacent to (Less N 10ft NW 7th Street r/w), Block 1 A, Lake View Heights Unit 1, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 4, Page 67, of the Public Records of Palm Beach County, Florida: Together With; Lots 1, 2, E 8,15 ft of Lot 16 & 16 ft abandoned Alley lying E of and adjacent to Lot 16, Block 1, Lake View Heights Unit 1, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 4, Page 67, of the Public Records of Palm Beach County, Florida & E 332.55 ft of NE 1/4 of Tract 11 (Less N 300 ft, W 124.89 ft of E 307,09 ft & E 33 ft N Swinton Avenue road r/w) , Subdivision of Section 8-46-43, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 4, of the Public Records of Palm Beach County, Florida; Together With; E 183 ft of SE 1/4 of Tract 11 (Less S 173 ft & E 33 ft N Swinton Avenue road r/w) , Subdivision of Section 8-46-43, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 4, of the Public Records of Palm Beach County, Florida; Together With; N 98 ft of S 173 ft of E 1/2 of SE 1/4 of Tract 11 (Less W 120 ft & E 33 ft N Swinton Avenue road r/w) , Subdivision of Section 8-46-43, a Subdivision in Palm Beach County. Florida as per the Plat thereof recorded in Plat Book 1, Page 4, of the Public Records of Palm Beach County, Florida; Together With; N 58 ft of S 133 ft of W 15 ft of E 1/2 of SE 1/4 & S 75 ft of E 1/2 of SE 1/4 of Tract 11 (Less E 33 ft N Swinton Avenue road r/w) , Subdivision of Section 8-46- 43, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 4. of the Public Records of Palm Beach County, Florida; Together With; 6 ORD NO. 72-04 - - - --- N 100 ft of E 160 ft of Tract 12 (Less N Swinton Avenue road r/w), Subdivision of Section 8-46-43, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 4, of the Public Records of Palm Beach County, Florida; Together With; S 100 ft of N 200 ft of E 1/2 of Tract 12 lying E of NW 1st Avenue r/wextended SL Y (Less N Swinton Avenue road r/w) , Subdivision of Section 8-46-43. a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 4, of the Public Records of Palm Beach County, Florida. Section 3. That the Planning Director of said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to show the historic designation, in an overlay manner, Section 4, That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed, Section 5, That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 6, That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of .200_. ATTEST MAYOR City Clerk First Reading Second Reading 7 ORD NO, 72-04 Northwest Swinton A venue Historic District Designation Report City of De/ray Beach November 2004 I. Statement of Purpose Northwest Swinton Avenue Historic District The proposal to establish the Northwest Swinton Avenue area as a designated historic district was city initiated and began in June 2004 as a direct result of the relocation of a contributing frame vernacular historic dwelling from 508 North Swinton Avenue to 1440 North Swinton Avenue. The boundaries were established in order to provide a symmetrical and uniform boundary, The district was expanded to include up to NW 2nd Avenue to the west as the existing Del-Ida Park Historic District and proposed Dell Park Historic District provided protection for those historic properties to the east along North Swinton Avenue. The district was chosen for designation based upon its high architectural integrity and diversity of architectural styles as well as its contiguous expanse of extant contributing historic buildings and structures, II. Location Map and Boundary Description The proposed Northwest Swinton Avenue Historic District is generally described as the area between North Swinton Avenue and NW 2nd Avenue, between Trinity Lutheran Church and the north side of NW 1 yth Street (see attached map). III. Architectural Sianificance The period of significance for the area is 1925 -1954 based upon dates of construction, Predominant architectural styles include: Mission Revival, Frame Vernacular, Masonry Vernacular, Mediterranean-Revival, Minimal Traditional, and Contemporary. The following is a brief description of those styles: Frame Vernacular (1900-1940) - Constructed of wood framing and reflecting no high architectural style or formal architectural design, the vernacular house can be either symmetrical or asymmetrical in design. Built by laymen, often the owner, with no formal construction experience who utilized local building materials and craftsmanship techniques (also Masonry Vernacular). Mission Revival (1920-1935) - Minimally ornamented with ~~ built-up, flat roofs often with stepped or curvilinear parapets, E3llt3 a wood or hollow clay tile frame with smooth or rough textured stucco exterior. Tile visor roofs over windows and entryways are also common. Fenestration often includes casement windows and arched entryways. Mediterranean Revival (1915-1940) - Influenced by the Italian and Spanish styles and popularized by Henry Flagler and Addison Mizner, this style displays low pitched, multi-plane roof lines often with red clay tiles and little or no overhang, Tile visor roofs are also common. A stucco exterior, often textured, covers an asymmetrical, wood or hollow clay tile frame, Arches are prevalent within the fenestration design including entryways, arcades, and colonnades. Minimal Traditional (1935-1950) - Typically, a one-story building displaying a low or intermediate pitched cross- (] OlD gable roof with a large chimney. Shares Tudor style traits such as rock or brick facing (particularly on the chimney) IIIJ and minimal wood detailing. Popularized after World War II, this style is often associated with tract housing, Contemporary (1950-1970) Contemporary style houses were constructed from circa 1950 until 1970 and fall in the category of Modern architecture, in which form follows function, There are two mmm subtypes based on roof form: flat and gable, The flat roof subtype is based on the earlier International style and is referred to as the American International. The International style is reflected through the flat, often angled, roof, rectangular footprints, window bands, and minimal detail. However, Contemporary houses in the flat roof subtype often use a variety of materials which reflects the trends that were popularized in the 1950s. International style had stark, often white, surfaces covered with a single material. Commonly, they have overhanging eaves and exposed roof beams; heavy piers may support the gables. Like their flat-roofed counterparts, a variety of building materials were used and detailing was kept to a minimum. An irregular plan, flat roof, cantilevered, overhanging roof eaves, bands of large windows, and the use of metal characterize contemporary residences in Delray Beach, IV. Historical & Cultural Significance The west side of North Swinton Avenue (today a portion of the Lake Ida Park Neighborhood) was traditionally an agricultural area. The neighborhood's building stock developed substantially in the 1920s with the commercial promotion of south Florida as a tourist destination and a mecca for investment opportunities, The first houses seen in the area were constructed in the Frame Vernacular and Mediterranean influenced styles such as Mission-Revival and Spanish Eclectic and were strictly residential in nature. It was noted by early residents that construction of homes during the 1920s were limited to Swinton Avenue and that anything to the west of Swinton consisted of merely Palmetto Trees and Scrub Oaks; a local hangout for area children to play, One particular dwelling of note is located at 704 North Swinton Avenue and designed by famed local architect, Sam Ogren, Sr. (1899-1988), Mr. Ogren relocated from Tampa to West Palm Beach in 1924 as an apprentice to William Manly King, a regional architect. The dwelling at 704 North Swinton Avenue was Mr. Ogren's first design in Delray Beach. The building so impressed local officials that he was offered the position of City Architect. Between 1924-1950, he designed over 250 buildings. His most noted works reflected the Mediterranean-Revival style which can be seen in the Arcade Tap Room Building, Crest Theatre, and Old School Square Gymnasium located in downtown Delray Beach, Another notable home in the area is the Marshall DeWitt Residence located at 1110 North Swinton Avenue. Constructed in 1935-1936, the DeWitt house was designed by famed architect Gustav Maas and built by R.C, Lawson. DeWitt prospered in the area as a successful farmer during the Depression years and grew active in the community. DeWitt and his wife Jeanette Butts DeWitt (of the Butts Agricultural family) were prominent members of Delray Beach society. Mr, DeWitt served as the Chairman of the Board for the First National Bank in Delray, was a member of the City Commission and served as Mayor in the mid to late 1940s. The W, Seward Webb, Jr. home, located at 1634 North Swinton Avenue, was constructed c.1930, Webb moved to Gulfstream with his mother Lila Vanderbuilt Webb, of the renowned Vanderbuilt family, between 1923 and 1924, Webb constructed the home as his personal residence and was a long-time resident of Delray Beach until his death in January 1956, Other noteworthy properties include 1420 North Swinton Avenue was the residence of Paul E. Gringle, a prominent Delray Beach realtor and 1602 North Swinton Avenue was home to F.J. Schrader, a local architect and builder who designed the 1926 Bungalow presently owned and occupied by the Delray Beach Historical Society (5 NE 1st Avenue). The neighborhood expanded considerably during the 1930s and 1940s as tourists rented out local houses and those servicemen stationed in the BocalDelray area required housing. The next building boom came after World War II, when those Gis stationed in the area before the war returned to settle down and start their families, The 1953 Delray Beach City Directory noted a substantial number of properties in this area as seasonal and apartment rentals. Other houses of note include several Contemporary style residences which reflect the start of a new era as more northern residents permanently relocated to south Florida. The majority of the remainder of the neighborhood's building stock was constructed during the 1950s and 1960s including numerous Ranch style houses, These houses are considered non- contributing due to either age or lack of architectural integrity. lot~~ V. Statement of Sianificance Pursuant to LDR Section 4.5.1 (B) (3), a district is deemed to have architectural or aesthetic significance if it fulfills one or more of the following criteria: (a) Portrays the environment in an era of history characterized by one or more distinctive architectural styles; and, (b) Embodies those distinguishing characteristics of an architectural style, period, or method of construction; (c) Is a historic or outstanding work of a prominent architect, designer, landscape architect, or builder; or (d) Contains elements of design, detail, material, or craftsmimship of outstanding quality or which represented, in its time, a significant innovation or adaptation to the South Florida environment. To qualify as a historic site, or historic district, or historic interior, individual properties, structures, sites, or buildings, or groups of properties, structures, sites, or buildings must have significant character, interest, or value as part of the historical, cultural, aesthetic, and architectural heritage of the city, state, or nation. The area qualifies as a historic district under the following criterion: (a) portrays high styles and local interpretations of distinctive architectural styles and (b) embodies distinctive characteristics typical of those styles and period of construction, A significant concentration of the Mission Revival, Frame Vernacular, Masonry Vernacular, Mediterranean-Revival, Minimal Traditional, and Contemporary styles of architecture are prevalent within the proposed boundaries and the contributing status of these buildings is considerable as the majority have maintained their architectural integrity. VI. Biblioaraphv and Sources Delray Beach Surveys - Florida Master Site File Forms 1999,2001 Mayhew III, Clemmer, Palm Beach Post, August 9,1987. Posey, William M" "The DeWitt Family & Delray Beach, 1928-1993," DeWitt Homes & Garden Showcase, Old School Square Centennial Celebration, March 1995. Miller's Delray Beach, Florida City Directory, Volume 111.,1953-1954. Farrar, Cecil W. and Margo Ann, "Incomparable Delray Beach: Its Early Life and Lore," Fiesta- Ufe on the Gold Coast, May, 1973. I $1 CITY COMMISSION DOCUMENTATION I TO: DAVID T. HARDEN, CITY MANAGER FROM: JEFFREY A. COSTELLO, ACTING DI SUBJECT: MEETING OF DECEMBER 6, 2004 CONSIDERATION OF A CITY-INITIATED AMENDMENT TO SECTION 4.3.4(J)(4) OF THE CITY'S LAND DEVELOPMENT REGULATIONS CONCERNING INCREASES IN BUILDING HEIGHT IN THE CENTRAL BUSINESS DISTRICT (CBD) ZONING DISTRICT. I BACKGROUND I This proposed amendment will further enhance the recent amendment to the OSSHAD zoning district by creating a 150' buffer (see attached map) that will not allow an increase in height (between 48' and 60') where property zoned CBD abuts a zoning district having a maximum height of 35', The increases in height only apply to the Central Core area of the CBD, Increases above 48' are currently not allowed in the West Atlantic Neighborhood and Beach District of the CBD. The amendment also modifies the criteria that must be met in order to increase height in the CBD as well as other areas where increases in height are allowed The proposal is to eliminate the criterion that states that "a demonstrable need that, in order to accommodate the nature of a particular use or a particular matter or type of construction, a greater than normal space between floors or height of story is necessary," This particular criterion is ambiguous and subjective, especially when it comes to the determining when "normal space between floors or height of a story is necessary", However, the proposal does include the following additional criteria: o That workforce housing is provided within the development in a manner consistent with the provisions of Chapter 4.7.5(a) and (d); and, o That a minimum of 50% of the ground floor building frontage consist of nonresidential uses (excluding parking); These will help achieve the City need for workforce housing and discourage multi-story condominiums with ground level parking along the street frontage, which does not provide the pedestrian friendly streetscape that is desired in the CBD, Pursuant to LDR Section 2.4.5(M)(5), approval of an LDR amendment must be based upon a finding that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan, As noted in the attached Planning and Zoning Board staff report, the proposed amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan, ~ PLANNING AND ZONING BOARD CONSIDERATION I At its meeting of November 15, 2004, the Planning and Zoning Board held a public hearing regarding the proposed text amendment. There was no public testimony regarding the proposal. After discussing the amendment, the Board voted 6-0 (Kincaide absent) to recommend to the City Commission approval of the proposed amendment to the Land Development Regulations (LDRs) Section 4.3.4(J)(4)(lncreases to Height limitations), by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4,5(M) of the Land Development Regulations. I RECOMMENDED ACTION I By motion, move to approve the amendment to the Land Development Regulations (LDRs) Section 4,3.4(J)(4)(lncreases to Height Limitations), 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 cnteria set forth in Section 2.4 5(M) of the Land Development Regulations, with second reading to occur on January 4, 2005. 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TO~RS - __ ~ - 1-- _ --- -r-- --1-- - I T 111M- ~--tiibI - ~ · ~.. ~ ~ a== -~ ~i:l-l' '" , I I -il - SE ~ = :::: T _ I MERRITT r'~ -~. - '-f-- PARK - ----j ~ - ---' a----i - ~ ~ 1- - _ .. 0 f----1 _ - Z OSR _ 'f-j _~::: .f---- = - H ~ ~ Sf E 4TH , I C i=== I II I I i I I I I I 1 I I I I I ~ I Il r!!if N · .. - AREA WHERE A MAXIMUM HEIGHT OF 60' IS CURRENTLY ALLOWED . - APPROVED DEVELOPMENTS (THROUGH A CONDITIONAL USE PROCESS) EXCEEDING 46 FEET IN HEIGHT _ ~ _ AREA PROPOSED WHERE HEIGHT CANNOT EXCEED 48' VIA A CONDITIONAL USE PROCESS ~ (ADJACENT TO DISTRICTS WITH A MAXIMUM HEIGHT OF 35') ~ - PROPOSED DEVELOPMENTS PLANNING DEPARTMENT _ AREA PROPOSED WHERE HEIGHT CANNOT EXCEED 48' ~ EXCEEDING 46 FEET IN HEIGHT CITY OF DELRAY BEACH, F1 . (PER CITY INITIATED OSSHAD AMENOING ORDINANCE) VIAA CONDITIONAL USE PROCESS -- DIGITAL BASE MAP SYSTEM -- MAP REF LMA1B6 ORDINANCE NO, 67-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.3.4, "BASE DISTRICT DEVELOPMENT STANDARDS", SUBSECTION (J)(4), "INCREASES TO HEIGHT REGULATIONS", TO LIMIT THE AREA IN THE CBD AVAILABLE FOR AN INCREASE IN HEIGHT AND TO MODIFY THE CRITERIA WHICH MUST BE MET TO SUPPORT AN INCREASE IN HEIGHT; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1,1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on November 15, 2004 and voted 5 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163,317 4( 4)( c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section 1, That the recitations set forth above are incorporated herein. Section 2, That Section 4,3.4, "Base District Development Standards", Subsection (J)(4), "Increases to Height Regulations", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (4) Increases to Height Regulations: (a) Prohibitions: There are no provisions which allow, nor is the Board of Adjustment empowered to grant, an increase of height for any purpose in the following zone districts: Single Family (R-l) Districts Rural Residential (RR) Agriculture (Ag) Mobile Home (MH) Low Density Residential (RL) Medium Density Residential (RM) Planned Residential Development (PRD) Residential Office (RO) Neighborhood Commercial (NC) Professional and Office District (POD) Conservation District (CD) Open Space (OS) (b) Allowances: An increase, to a maximum height of sixty feet (60'), may be approved by the City Commission in any zone district not listed above when approved pursuant to the processing of a conditional use request and based upon a finding of compliance with each of enumerated criteria listed below, (i) That the structure is to be located in one of the following geographic areas: (1) Area "A" - all property located east of Congress Avenue and west ofI-95, (2) Area "B" - the property encompassed by the Delint DRI, with the exception of that portion platted as "Waterford Village"; along with property located west ofS.W, 10th Avenue, south of Linton Boulevard, and east ofI-95 , (3) Area "C" - the property encompassed by the boundary of Linton Boulevard, Wallace Drive, S,W. 10th Street, and 1- 95. (4) Area "D" - the properties located south of Atlantic Avenue, north of S.W. 1st Street, west of S.W, 2nd Avenue, and east of S,W. 4th Avenue; and the properties located north of 2 ORD, NO. Atlantic Avenue, south ofN.W. 1st Street, west ofN.W. 1st Avenue, and east ofN.W, 3rd Avenue, (5) Area "E" - the property encompassed on the west by the F,E,C, Railroad, on the east by the Intracoastal Waterway, on the south by Allen A venue extended to said easterly and westerly boundaries, and on the north to the northernmost boundary of the City, (6) Area "F" - the property located between the one-way pair system of Federal Highway (5th and 6th Avenues), (7) Area "0" - the property on either side of Linton Boulevard, extending 200 feet north and south of its ultimate right-of- way, extending from 1-95 to Dixie Highway. (8) Area "H" - the area bounded by Linton Boulevard on the south, the F,E.C, Railroad on the east, the combination of Southridge Road and Swinton A venue on the north, and S. W. 4th A venue on the west. (9) Area "I" - all property within the Central Core portion of the CBD (Central Business District) exeept for property lying east of the Intracoastal Waterway, except for that portion within 150' of any zoning district which has a maximum height limit of 35'. measured from the property line of the CBD zoned property, (10) Area "J" - the property encompassed by Lindell Boulevard on the north, Federal Highway on the east, Dixie Highway on the west, and the City limits on the south, (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 intensity 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 structure; however, the 3 ORD. NO. increase in intensity is only for the added residential use area; (2) An increase in intensity is allowed when there is a transfer of development rights pursuant to Section 4.6,20, (iii) That the increase in height is based on or will result in eHe two, or more, of the following: (1) /'~ demonstrable need that, in order to accommodate the nature of a particular use or a particular matter or type of construction, a greater than normal space between floors or height of story is necessary; or ill That workforce housing is provided within the development in a manner consistent with the provisions of Sections 4.7.5 (a) and (d); (2) That 50% or greater of an area of the ground floor is devoted to parking and vehicular traffic circulation; 6f (3) 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 ofthe 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~ and, ffi That a minimum of 50% of the ground floor building frontage consist of nonresidential uses (excluding parking), Section 3, That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid, Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed, 4 ORD, NO, Section 5, That this ordinance shall become effective immediately upon its passage on second and final reading, PASSED AND ADOPTED in regular session on second and final reading on this the day of ,200_" ATTEST MAYOR City Clerk First Reading Second Reading 5 ORD. NO, DwtAYBEACH ...... '- - ~.. ~A ~. ~~'P:-~,' - "":;"-1i! !l~Rt\8~p! I I ... ... ''''Ji~ . . "... 'p.." ..~.~.. -. - 'I!: -." .;eo,...... . ".... ~ ~ ~ !IIIl .... ,'. . - . -tJM1" . -.- -., .' -' .."~ - ~I'~ .......-. . -' , ~'"cnr . '::,.' '-~ '-,:: ,-" '~~G""'~-'. -. 0' .' rr;I.' . AR--D"~~~;"!: ;i" . :~ -CftJ . -..:.. ". :~ ~ y;:' ..~... - ~I!. . N_l:._~...... ".. ~ . I ~ _ .. .. . = :-j.,,:,:". - - '1111' tY,.. ..,r;.,,~ '~......,..r'JJi...e~"'"M~t.:-"'R~~(JJ" l!;~.~. ''''~t{I.<%i.-~.-'''';: ......... . '1111' - '.' .;'.~", ....,... '~~~:~ 0 A DU 'ST FF ~nORT'.."'.: . . (it 'fl-.:--: .... ..... -": _.~-....:.;;;. ....... oIi _ -..oII:"'.~~::t.-.. ..~... ':. :... .... _L~r:;'!.. i.".:...". ~ ~,., ..,. ",.-~--' ,-..}J!~:r:. '..-~ ,..."~J..., .~.;ii~_~-..,. -..J;J'-..,":-. . . ~~~ ~...4~.-~..;:~.- .~. :.:~~:..-~~::~.: ~... ~ . ~ .t~... .:J:t~;.~~ ..--.". ~.:. .. .~.. ".. 1?i,~ MEETING DATE: NOVEMBER 15, 2004 AGENDA ITEM: IV.E. - AMENDMENT TO SECTION 4.3.4(J)(4) OF THE CITY'S LAND DEVELOPMENT REGULATIONS CONCERNING INCREASES IN BUILDING HEIGHT IN THE CENTRAL BUSINESS DISTRICT (CaD) ZONING DISTRICT. The item before the Board is that of making a recommendation to the City Commission regarding an amendment to the Land Development Regulations Section 4.3.4(J)(4) to provide limitations on areas in the Central Business District (CBD) zoning district where increases in building height up to 60' are allowed as a Conditional Use as well as modifying the criteria for increasing height, pursuant to LDR Section 2.4.5(M)(5). Pursuant to Section 2.2.2(E) of the Land Development Regulations, the Planning and Zoning Board shall review and make a recommendation to the City Commission with respect to Amendments to the Comprehensive Plan, I -- --- - .._.n - -- --- .--- _n_ --- - ---- - . -- --iiiiiil . --- ----=- - 1:' -. ' II -.!!ii',., BlI . . ," ", a . ....Ifi . ...... .. __ __ __m__:~""'!._'''~",:,':~'J-~.'' .;.' ~._.~..,...:;t..>.~~:~ '.: ~~ The City's building height regulations have an extensive history. The chronology is provided in the attached Exhibit A. The following background relates to the current height regulations. Most Recent Changes to Height Regulations: In 1988, an amendment was processed in response to a request for a variance to increase the building height for an office complex, as well as the City's "Policy Guide to the Land Use Element of the Comprehensive Plan" which called for revisions to the height regulations, The City Commission approved height regulations, which included a maximum height of 35' in residential zoning districts for single family, duplex dwellings, community/recreational and accessory structures. However, all other uses, such as multiple family dwellings, could have a maximum height of 48'. Provisions were also included which prohibited the Board of Adjustment from granting variances to the height limitation in these districts. The regulations allowed an increase in height up to 60' as a conditional use for limited geographical areas, subject to meeting certain criteria, and above 60' for special uses approved through the SAD (Special Activities District) process. Increases up to 60' applied primarily to industrial and commercial zoned properties along major roadways. With the adoption of the City's Land Development Regulations in October 1990, the maximum height for all structures, including multiple family dwellings, was limited to 35' in residential zoning districts. In 1995, the commercially zoned properties within the West Planning & Zoning Board Staff Report LOR Text Amendment -Increases to Height Limitations in CBO zone District Page 2 Atlantic Avenue Redevelopment Area were eliminated as an area where the building height could be increased to 60'. Attached are the current regulations as well as a map depicting the geographical areas where an increase may be requested (Exhibit B). In 2002, the City Commission adopted the Downtown Delray Beach Master Plan, which involved extensive community input and dialogue. One of the major concerns of the community related to the character of the downtown Delray Beach, especially as it relate to massing, scale and design of structures. In response to these concerns. the downtown design guidelines/development regulations were created and adopted earlier this year. LDR Amendment Analvsis: The City Commission has identified concerns over the recent intensity of development in the CBD i.e, the proliferation of development requests and inquiries seeking conditional use approval for height exceeding the 48' height limit. Particular concern is noted relating to the impact of increases in height on less intense zoning districts which surround the CBD. In many cases these districts have a maximum height limit of 35', and in the case of OSSHAD have a character and development intensity which could be negatively impacted. This concern is being addressed in part by City Initiated LOR amendments to the OSSHAD district which seek to regulate the scale and mass of development and maintain the character of the district. These include a provision to eliminate the ability of lots which currently are zoned OSSHAD and subject to the CBD regulations from seeking increases in height. In addition, with the implementation of the recently adopted Downtown Design Guidelines any portion of a building exceeding 48' is required to provide a minimum setback of 41' along its frontage. At its meeting of November 2, 2004, the City Commission formally initiated the proposed amendment to the land Development Regulations to provide limitations on areas in the Central Business District (CBD) zoning district where increases in height up to 60' are allowed as a Conditional Use as well as modifying the criteria for increasing height. At that meeting a suggestion was to include a criteria that related to providing workforce housing. This proposed amendment will further enhance the recent amendment to the OSSHAD zoning district by creating a 150' buffer (see attached map) that will not allow an increase in height (between 48' and 60') where property zoned CBD abuts a zoning district having a maximum height of 35'. The increases in height only apply to the Central Core area of the CBD. Increases above 48' are currently not allowed in the West Atlantic Neighborhood and Beach District of the CBD. The amendment also looks at tightening the criteria that must be met in order to increase height throughout the CBD as well as other areas where increases in height are allowed. The proposal is to eliminate the criterion that states that "a demonstrable need that, in order to accommodate the nature of a particular use or a particular matter or type of construction, a greater than normal space between floors or height of story is necessary." This particular criterion is ambiguous and subjective, especially when it comes to the determining when "normal space between floors or height of a story is necessary". This can change based Planning & Zoning Board Staff Report LDR Text Amendment -Increases to Height Limitations in CBD zone District Page 3 upon market conditions and is left to interpretation. Also, the 2001 Florida Building Code only requires 8' floor to ceiling height in many circumstances while recent proposals generally have greater then g' floor to ceiling height and the development standards/design guidelines for downtown Delray Beach require a minimum 10' floor to ceiling height on the first floor with a minimum of g' required for the upper floors. However, the proposal does include the following additional criteria: o That workforce housing is provided within the development in a manner consistent with the provisions of Chapter 4.7.5; and, o That a minimum of 50% of the ground floor building frontage consist of nonresidential uses (excluding parking); These will help achieve the City need for workforce housing and discourage multi-story condominiums with ground level parking along the street frontage, which does not provide the pedestrian friendly streetscape that is desired in the CBD. LOR Section 2.4.5(MlC5) (Findinas): Pursuant to LOR Section 2.4.5(M)(5) (Findings), in addition to LOR Section 1.1.6(A), the City Commission must make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. These text amendments are consistent with and further goals, objectives and policies within the Comprehensive Plan which call for development and redevelopment of land to be complimentary to existing land uses as well as the policy relating to the adopted Downtown Delray Beach Master Plan, These include: Future Land Use Element Goal Area "A": Land within the Planning Area shall be developed or redeveloped, to enhance the existing quality of life, compliment existing Land Use and result in a mixed, but predominantly residential community with balanced economic base. Future Land Use Element Obiective A -1.1: 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. Future Land Use Element Policv C-4.2: The <<Downtown Delray Beach Master Plan" was adopted by the City Commission on March 19, 2002. Covering the downtown business districts surrounding the Atlantic Avenue corridor between 1-95 and A-1-A, it represents the citizens'vision for the growth and unification of Delray Beach, while still retaining the 'Village like, community by-the-sea" character of the CBD. The Plan addresses a wide range of issues including intill development, neighborhood parks, shared parking, public art, the roadway and alleyway systems, marketing/economic development, and the need to modify the Land Development Regulations to include design guidelines to retain the character of Delray Beach. Future development and redevelopment in this area shall be consistent with the Master Plan. -- Planning & Zoning Board Staff Report . LOR Text Amendment -Increases to Height Limitations in CaD zone District Page 4 The summary of the citizen's requests identified in the Downtown Delray Beach Master Plan included a statement concerning development at an appropriate scale. The recently adopted design guidelines will help provide the desired relief. However, the impacts that increases in height up to 60' have on the character of neighborhoods and properties, which have a maximum height of 35, that surround the CBD is a concem, These measures will assist in maintaining the character of the surrounding neighborhoods as well as the character of the CBD. The Housing Element of the City's Comprehensive Plan identifies the need for moderately priced housing in Delray Beach. Based upon recent housing price figures for Delray Beach, workforce housing is a critical need. In conjunction with other City efforts, the proposed amendment will assist the City in addressing this need, The Downtown Master Plan discussed at length how parking areas along the street frontage create dead space and do not provide the pedestrian friendly streetscape that is desired. While some parking along the street frontage is unavoidable, additional measures need to be taken to encourage mixed use development and discourage the ground level of building to be entirely parking, Based upon the above, the proposed text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan, t -~-;;----, -~-~~ -- ~ - - - --;;:-- --. -- --- ~ - -~ -. --~~--~ -~- --- " -~[!;: -;; 'ifJI~li ~,,1--:'" K~ "'~ ~~8i';">~I""'~ ~ I ~ ~. < !, )~q~\ ~ is'"''''tf''<1Z:;J~ UffPl!~~~l ~,~ ~;. ""~ ~/~r ~}"'7 ~ 1:~,,_,!--.e"~--=~'~~"""">;"--"':_~' ~ '--'..:--"""" _=",~~~~~_~'i~L -~d?'.:'C-!...- ~'~<c<<~1;~r?__~:,:~'4~7 ~~~~_~~"!iri~=,,=~h:_~_ 4 ~\U~,'- 1 Community Redevelopment Agency: At its meeting of November 11, 2004, the CRA Board reviewed and recommended approval of the proposed LDR text amendment. Pineapple Grove Main Street: At its meeting of November 3, 2004, the PGMS Executive Board reviewed and recommended approval of the proposed LDR text amendment. Historic Preservation Board: At its meeting of November 3, 2004, the HPB reviewed and recommended approval of the proposed LOR text amendment. Downtown Development Authority: At its meeting of November 8, 2004, the DDA Board reviewed and recommended approval of the proposed LDR text amendment (5-1), wit the following conditions: 1. That the criteria relating to the interior space enhancements not be included; and, 2. That the ground floor along the street frontage should be non-residential use and not parking. Planning & Zoning Board Staff Report LOR Text Amendment -Increases to Height Limitations in CBD zone District Page 5 -- - --- - - - - - --~~ -,.---~ -::;.....--- -~~ - - - ~ ~_I.~~~""W;'_~ ~\~T ~< ~:~\~~~"'-""I< "~:r7'J~~~~=~~ir~...~J~;'-;jij,.,f.~)k~ :\~:.:~~~t~~~~~~~ l~~ ~';~~~O~L.~3~~~~~~~_~~~~~I!I[<~-:!m1!!!'J ~~ill,"~=~~ 1. Continue with Direction. 2, Move to recommend to the City Commission approval of the attached amendment to the Land Development Regulations (LDRs) Section 4.3.4(J)(4)(lncreases to Height Limitations), by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. 3. Move to recommend to the City Commission denial of the attached amendment to the Land Development Regulations (LDRs) Section 4.3.4(J)(4)(lncreases to Height Limitations), 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(M) of the Land Development Regulations, By motion, recommend to the City Commission approval of the attached amendment to the Land Development Regulations (LDRs) Section 4,3.4(J)(4)(lncreases to Height Limitations), by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4,5(M) of the Land Development Regulations, Attachments: . Map Showing Areas Where Height Increase to 60' is Permissible . Location Map - Proposed 150' buffer in the CBD. . Exhibit A - Zoning and Height Regulations Chronology . Exhibit B - Proposed Amendment . CITY OF DELRAY BEACH, FLORIDA GULF STREAAlII.\ID - - L-30 CAHAL ~ ~ - - I ~ 6l I .., 5 0 ~ ... -, -.J co ~ o..J ~ ... ;Z ~ tl ~ ~ 5 ~I '" ~ 5' C> ~ G. !iil LAKE IDA ROAD 1 g: l3 I ~ LAKE /iq ~I ~ I 1 I r--- ~' 1..___ r-- H.W. 2If) ST. , I 1-___-1--, iii' 0- I I 1 I I , '--- L__ I _______J I 1 I 1 ATLAN11C s.w. 2ND ST I .., -II ~I 0' 1 r-, 1 !!;! '" , ~ L...I I __J :s; I:lt .., "" I ~ i': ~ L ... "" Q s: :t ~ I ~ <-' ~ I:lt ~I '" S' ::!! ...... 0 lil :J: ~ UNTON BOUlEVARD . I""~ -i I """ ;%G' I L_ , I I ~ >- I 1 1 ~ I g' 1 , ~ ~ O' I I "'I ,-__...J ~ I ~ I Q ;Z - L-38 CANAL. ~ AREAS WHERE A MAXIMUM HEIGHT OF 60' IS ALLOWED PURSUANT TO A CONDITIONAL USE APPROVAL - - - - - CllYlIMITS - - - - - LDR SECTION 4.3.4 (J)(4)(b)(i) I ONE MILE I _ - OVERLAPPING AREA GRAPHIC SCALE CITY OF DEJ..RA Y BEACH, R. Pl..ANNING & ZONING DEPARTMENT FEBRUARY 2004 - - DIGITAl. BASE IAN' SYSlBI-- . EXHIBIT A Year Zoning District Permitted Conditional Use 1956 C-1 (Limited Commercial) 100' max. NA C-2 (General Commercial) 1967 C-1 100' max. NA C-2 1972 C-1 40' May, exceed 40' , based on SC (Specialized Commercial) 30' meeting conditional use criteria. 1976 CBO (Central Business Oistrict) - 40' May exceed 40' up to 122' One block north and south of E. max. based on meeting Atlantic Ave. conditional use criteria. C-1 35' May exceed 35' and 30' based SC 30' on meeting conditional use criteria. 1981 CBO NA GC(General Commercial) SC 1986 CBO 45' or 4 floors NA GC SC 1988 CBO 48' May exceed 48' in certain GC geographical areas, based on SC meeting conditional use criteria, but could not exceed 60'. 1990 Citywide Rezoning resulting in the 48' May exceed 48' in certain current CBO boundaries geographical areas, based on meeting conditional use criteria, but could not exceed 60'. EXHIBIT B (4) Increases to Heiaht Reaulations: (a) Prohibitions: There are no provisions which allow, nor is the Board of Adjustment empowered to grant, an increase of height for any purpose in the following zone districts: Single Family (R-1) Districts Rural Residential (RR) Agriculture (Ag) Mobile Home (MH) Low Density Residential (RL) Medium Density Residential (RM) Planned Residential Development (PRD) Residential Office (RO) Neighborhood Commercial (NC) Professional and Office District (POD) Conservation District (CD) Open Space (OS) (b) Allowances: An increase, to a maximum height of sixty feet (60'), may be approved by the City Commission in any zone district not listed above when approved pursuant to the processing of a conditional use request and based upon a finding of compliance with each of enumerated criteria listed below, (i) That the structure is to be located in one of the following geographic areas: (1 ) Area "A" - all property located east of Congress Avenue and west of 1-95. (2) Area liB" - the property encompassed by the Delint ORI, with the exception of that portion platted as 'Waterford Village"; along with property located west of S,W. 10th Avenue, south of Linton Boulevard, and east of 1-95. (3) Area "C" - the property encompassed by the boundary of Linton Boulevard, Wallace Drive, S.W. 10th Street, and 1-95. (4) Area "0" - the properties located south of Atlantic Avenue, north of S.W. 1st Street, west of S,W. 2nd Avenue, and east of S.W. 4th Avenue; and the properties located north of Atlantic Avenue, south of N.W. 1st Street, west of N.W. 1st Avenue, and east of N.W. 3rd Avenue. . (5) Area "E" - the property encompassed on the west by the F.E.C. Railroad, on the east by the Intracoastal Waterway, on the south by Allen Avenue extended to said easterly and westerly boundaries, and on the north to the northernmost boundary of the City, (6) Area "F" - the property located between the one-way pair system of Federal Highway (5th and 6th Avenues). (7) Area "G" - the property on either side of Linton Boulevard, extending 200 feet north and south of its ultimate right-of-way, extending from 1-95 to Dixie Highway. (8) Area "H" - the area bounded by Linton Boulevard on the south, the F.E.C. Railroad on the east, the combination of Southridge Road and Swinton Avenue on the north, and S.W. 4th Avenue on the west. (9) Area "I" - all property within the Central Core portion of the CBD (Central Business District) except for property lying east of the Intracoastal \^/atorway, except for that portion within 150' of any zonina district which has a maximum heiaht limit of 35'. measured from the property line of the CBD zoned propertv.. (10) Area "J" - the property encompassed by Lindell Boulevard on the north, Federal Highway on the east, Dixie Highway on the west, and the City limits on the south. (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 intensity 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 structure; however, the increase in intensity is only for the added residential use area; (2) An increase in intensity is allowed when there is a transfer of development rights pursuant to Section 4,6.20. (iii) That the increase in height is based on or will result in ooe-two, or more, of the following: (1 ) fo. demonstr3ble need that, in order to 3ccommodate the nature of a p3rticular use or a particular matter or type of construction, a gre~:lter than norm31 space between floors or height of story is necessary; or (1 ) That workforce housino is provided within the development in a manner consistent with the provisions of Chapter 4.7.5; (2) That 50% or greater of an area of the ground floor is devoted to parking and vehicular traffic circulation; 9f (3) 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 (Le., 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. and, (4) That a minimum of 50% of the around floor buildina frontaae consist of nonresidential uses (excludina parkina); ~-- ~ -.. ---- ---- --.. -.-. -.--- --- - --.--.- -- . --- . ~ I CITY COMMISSION DOCUMENTATION --- - ---"----1 TO: DAVID T. HARDEN, CITY MANAGER THROUGH: JEFFREY A. COSTEllO, ACTING D1R FROM: ROBERT G. TEFFT, SENIOR PlANNER?r;2-r~'--{J ' SUBJECT: MEETING OF DECEMBER 6, 2004 REQUEST TO INDIVIDUAllY LIST THE PROPERTY lOCATED AT 1110 NORTH SWINTON AVENUE ~WEST SIDE OF NORTH SWINTON AVENUE BETWEEN NW 11TH STREET AND NW 12 H STREET) TO THE lOCAL REGISTER OF HISTORIC PLACES. I -- .--- .-. . --- - -- --... .-_. --- .. . --- --I BACKGROUND I ANAL YSIS The subject residence was designed by the noted architect, Gustav Mass, in what was termed, "Virginia Colonial Farmhouse Style," The R.C, Lawson contracting firm completed construction of the house on the associated property in 1936 for Marshall and Jeanette Butts DeWitt, and the structure remains architecturally sound to this day, The DeWitt's themselves made several contributions to Delray Beach, Specifically, Mr, DeWitt served as both a City Commissioner and Mayor, and helped create the Lake Worth Drainage District among other services, The structure is outside the boundaries of the five existing historic districts; however it is located within the boundaries of the proposed Northwest Swinton Avenue Historic District. The residence is unique and would be a good addition to the Local Register of Historic Places as an individually listed property, Presently there are 27 individually listed properties, The residence at 1110 North Swinton Avenue is being considered for listing in the Local Register of Historic Places for historical significance under the criteria listed in Land Development Regulations (LOR) Sections 4,5,1 (B) (2) (a) and (c), as the residence was that of one of Delray Beach's foremost residents, who was politically and socially active in the community and helped found a continuing institution which has contributed substantially to the life of the City. The dwelling can also be designated under the criteria listed in LOR Section 4.5,1 (B) (3) (c), as the structure is an outstanding work of a prominent architect. Additional information concerning the proposed individual designation can be found in the attached Designation Report, [-- -- -.-- --.. ~------ - .. ---- -. -- - ---- --- ---..------ ...- - ------.......---.- I HISTORIC PRESERVATION BOARD CONSIDERATION At its meeting of October 20, 2004, the HPB set a public hearing date of November 3, 2004, to discuss the proposed designation and provide a recommendation to the City Commission for the individual historic property listing, On November 3, 2004, the HPB voted unanimously (7-0) to forward a recommendation of approval to the City Commission to list the DeWitt Estate (1110 North Swinton Avenue) in the Local Register of Historic Places, ,- -..-. ..-----..--.--. .---.-. ---- - -----. .----. . ----- -- - -.. I RECOMMENDATION Move approval on first reading of Ordinance No, 71-04 that the residence and associated property at 1110 North Swinton Avenue (The DeWitt Estate) be listed in the Local Register of Historic Places, 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 Sections 4.5,1 (B) (3) and 4,5,1 (C) of the Land Development Regulations. Attachments: Ordinance No, 71-04 and Designation Report \OG ---- ORDINANCE NO, 71-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, DESIGNATING THE DEWIIT ESTATE, LOCATED AT 1110 NORTH SWINTON AVENUE, AS MORE P ARTICULARL Y DESCRIBED HEREIN, AS A LOCAL HISTORIC SITE; PROVIDING FOR THE AMENDMENT OF THE "ZONING MAP OF DELRAY BEACH, FLORIDA, JULY, 2004"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE, WHEREAS, Section 4,5,1 of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach provides for the designation and protection of historic sites; and WHEREAS, John L and Janet S. Page, as property owners, have nominated the property described herein to be designated as a local historic site; and WHEREAS, the Historic Preservation Board of the City of Delray Beach held a duly noticed public hearing in regard to the designation of the property as a local historic site; and WHEREAS, on November 3, 2004, the Historic Preservation Board of the City of Delray Beach recommended 7 to 0 that the property described herein be designated a local historic site; 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, the City Commission of the City of Delray Beach has conducted a duly noticed public hearing in regard to the designation of the property described herein as a local historic site. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein, Section 2, That the following described property in the City of Delray Beach, Florida, is hereby designated as a local historic site in accordance with and under the provisions of Section 4.5.1 of the Land Development Regulations of the City of Delray Beach, Florida, to-wit: The East 365,69 feet of Lot 8 (less the West 40,00 feet of the South 20,00 feet of said East 365,69 feet of Lot 8) Subdivision of South half of East half of Lot 8, Section 8, Township 46 South, Range 43 East, according to the Plat thereof, as recorded in Plat Book 16, Page 80, of the Public Records of Palm Beach County, Florida, Section 3. That the Planning Director of said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Dekay Beach, Florida, to show the historic designation, in an overlay manner. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed, Section 5. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid, Section 6, That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the _ day of ,200_, ArrEST MAYOR City Clerk First Reading Second Reading 2 ORD NO, 71-04 Designation Report Historic Preservation Board Delray Beach, Florida The DeWitt Estate - -- -- Table of Contents I. General Information II, Locahon Map III. Architectural Significance IV. HIstorical and Cultural Significance V. Statement of SIgnificance VI. Bibliography and Sources Report Prepared by: Janet S, Page 1110 North Swmton Avenue Delray Beach, Florida 33444 August 27,2004 I. General Information Address: 1110 North Swinton Avenue, Delray Beach, Florida 33444 Legal Description: Sub 8-46-43, S 'l2 ofE Yz of Lot 8, E 356.69 ft of Lot 8 / Less S 20 ft ofW 40 ft Present Zoning: Single Family Residential (R-l-AA) ClassificatIon for DesIgnatIon: Cultural and Architectural Significance II. Location Map I' 'I H ~~H I:; , , , I', ----: I I, , , i H : iJ.) "TN', i I - ! 'I U-' ,,! Iii I, :. _ . . _ _' _ _ I I I l ~ l / I . ! i I @ Il'I' >lIJIII 11f=b1. li'l i,11 I ~~=f==f'" 'II I .11 ' , 'I I:; I ! I ' f--- ,I-- - 1 ~ ' :1'''', ' , ! I Iii I I ' : I ,- 'i'.~1IllIlIHfl lil','lil I I ' R=, ii 'kl; , Ilil,II, 1 L-...L--" "'L 11TH Sf I hll~~~l~ ,.",,, I I -, , i III" I I I~ IT ' :: I' I, I 1 ~ · . I '. '~:illill, J ,~, ;:': I1II :111 Ii' ''''.' ,. Sf ,,' : I 1'1 ' ~~_t ):!i:'>~~ TIS ".' 1 ,ffiJj:r I ~'lilllr_ =P . '1 \: I I !, I H . ; II KllV ~-=;(:... ~' "i,u ~ ~o t'J ' r- f- ~ "'\ 1- ?t ,;::::: ~:;= -:r 'r: ~ /' t1if!tIB' l--V 7jj ~ ": ! Tff 1 I - I >Y~ >~ ~< '''' CT ':::: :. I 1- I '~ ~= / Tf'1r!ir-- ~ c:- -;. ~ U J,;:;,r' I I ! '" ",'''EO", \.: ~ ' , , ;/----1 HUT N. 5tH ST [ ~~~.J DeWitt Estate ] __ /:lIGIIllt -.sf" ... nsrut - _fllUUl71. III. Architectural Sienificance The house was designed in 1935 by the noted architect, Gustav Mass, in what was termed, "Virgmia Colonial Farmhouse Style," The R.c. Lawson contracting firm bUIlt the house on a large pIece of property facing Swinton Avenue. The origmal pIece ofland went west all the way back to Lake Ida, The house was completed in 1936 as the DeWItt's reSIdence, IV. Historical and Cultural Sienificance The history of the DeWitt family in Delray Beach begins in 1928. Marshall DeWItt and Jeanette Butts graduated together from Palm Beach HIgh School m 1925, Mr, DeWitt went on to the Umversity of Florida to study agrIculture and MISS Butts attended Flonda State Umversity. They were mamed in 1929 and settled in Delray Beach where Mr, DeWItt became of promment farmer. HIS farm was on West Atlantic Avenue and U.S, 441. Jeanette Butts DeWItt was a Flonda native and from a Boca Raton pIOneering family, Her father, August Butts, moved hIS family to Palm Beach County m 1909 from Fort Lauderdale where Jeanette was born. A good portIOn of present day Boca Raton was part of Butts Farms, Inc, The DeWItt's contnbuted so much to Delray Beach for over 60 years, finally commg to an end with the deaths of Marshall and Jeanette m 1993, TheIr legacy to the commumty IS great. Many innovatIons m farming techniques whIch wIll benefit agrIculture for years to come, including new methods of ungation, were developed by the Butts/DeWitt partnershIp, Mr. DeWitt's establIshment of stable bankmg practtces in the Depression era made possIble the economic stabilIty of the growing community. HIS years of service to the CIty of Delray Beach as a Commissioner and Mayor, to the Lake Worth Dramage DIStrIct which he helped create and to the Delray Kiwanis Club were very valuable, Jeanette DeWItt's service to the Girl Scouts, the Delray Beach Library Board, where she worked tirelessly to Improve the Library's programs for children, the Delray Beach Garden Club she helped to found and Cason Methodist Church where she taught. V. Statement of Sienificance The DeWitt's made generous donatIOns to many local organizatIons including Old School Square and the Delray Beach Historical Society, Before their deaths, they made the Important decision to leave their beauttful home to Old School Square, In March, 1995, the DeWitt Home and Gardens Showcase honored the many contributions OfthIS distmguIshed couple to the life of Del ray Beach, They were modest people who never desired recognItion of theIr contrIbutions, It is long overdue that thIS wonderful family gets the recogmtIon that theIr home and lIves gave to others and thIS CIty, VI. Biblioeraphv and Sources See attached. The he history of the De Witt fam- ily in Delray Beach, 1928- 1993 is, in a sense, the hist~ DeWitt ry of the community itself, for few citizens of the "Village by the Sea" played a more significant role in the life and growth of F all1il Y, :: the community in those vital fonnative years than Marshall and Jeannette DeWitt. , Delray Beach was certamly a small vil- -a '.,~ ~ lage when Marshall DeWitt left the University , of Horida to come here in 1928 and seek his ~~1 livelihood, It was not an auspicious time for a yf 1 ''''''4 young man to start his career in that area. Two Delra y~oB~ach: years earlier, the devastating hunicane of 1926 had ended the "Great Horida Land Boom" and the following faIl of 1929 saw the collapse of the stock market and the beginning of the Great Depression of the 19305. Billy DeWitt 1928 . notes that his dad always had an interest in accounting, finance and banking, but as he put - it, "in the 19305, you had to eat," and thus it was that in those early years, MarshaIl DeWitt :(" r became a fanner, ~-::; ( - :., The story of MarshaIl DeWitt's years as 'y a prominent farmer in Palm Beach County is connected to the history of his wife's family ...~~ -"'" and the early association between his father .'# and Jeannette DeWitt's father, August H. ,', Butts. The Butts family came to South ~> ~ ",,/ Florida in 1909, August hailed from Lake By WILLIAM M. POSEY County, FL, where he was born in 1884, He married Natalie Swanson of Mt. Dora after a courtship which involved his often riding 70 miles on his bicycle from Ormond Beach to Mt. Dora, After their marriage, August and Natalie Butts came to Palm Beach County and started their family. Jeannette Butts was born in Ft. Lauderdale m 1907 and eventually attended Palm Beach High School. It was there that she met her husband-to-be, Marshall DeWitt, Marshall had been born in 1908 in Duluth, MN, but his family had eventually migrated to South Honda. He and Jeannette both graduat- ed from Palm Beach High School in 1925, Marshall going on to Gainesville and Jeannette to Honda State, where she graduated in 1929, the same year she and Marshall were married. (Horida State was then a woman's college.) The aSSOCIatIOn of the Butts and the DeWItt families went back to the 1920s when the elder DeWitt and August Butts both worked for the Hammond Development Company west of Pompano Beach in what was known then as Hammondville and is now Margate, There were four Butts children, Harold, Clarence, Jeannette and Myrtle, -- - -- - - --- ----- +.....--~ Eventually, after Marshall DeWitt married Jeannette and the younger daughter, Myrtle, manied Tom Heming, the two sons and sons- in-law were all mvolved in extensive fanning west of Boca Raton and Delray Beach. Marshall DeWitt and his brother-in-law, Clarence Butts, were helped by their respec- tive fathers to establish a farm west of Delray Beach, where route 441 meets West Atlantic Avenue. Mr. Jimmy Love remembers that before Marshall and Clarence married their respective wives, they kept bachelor quarters upstairs over the old Love's Drug Store on Atlantic Avenue. Mr, Love and Harold Butts were roommates at The Umversity of Horida and both played basketball for Gainesville, Marshall DeWitt and Clarence Butts farmed the West Delray property until the early 19505 and then, for a time, it was con- i' vetted into a ranch for cattle, Ranchers from Harvesting vegetables-green peppers and green beans. .El:. .~ First National Bank of Delray, later Sun Bank Jeanette and Marsha" DeWitt North Horida would bring cattle in for a peri- od of time to fatten them up, Nick Sloan and Billy DeWitt remember working there as boys when they had the unpleasant job of treating the cattle for screw worm, a plague that veteri- nary SCience has now eliminated, By the mid- 1950s, the Delray property was given up, because August Butts needed all the help the family could give him in managing their huge holdings west of Boca Raton. A good portion of present day Boca Raton wa<; part of Butts Farms, Inc. An area from the ocean to the EI Rio Canal, and from Palmetto Park Road northward was origmally a pineapple plantation, and the area which is now various neighborhoods, particularly Royal Oak Hills, was a bird sanctuary which Coconut palms after a storm. DEWITT HOME AND GARDENS SHOWCASE / 1995 .............................................................................................................................. .................................. THE DEWfTT FAl\HLY AND OELRAY BEACH: 79]8 - 1993 the family owned, but on which Mr. Butts did tasks in flooded areas involved the city ceme- Style," The R. C. Lawson contracting firm no fanning. The family owned 3,500 acres to tery, where numerous coffins had floated to built the house on a large piece of property the west, and Billy DeWitt remembers when the surface. facing Swinton A venue. The house was com- some of this land was cleared for farming, In the war years, both Marshall and pleted in 1936, whole areas were set afire, from Palmetto Park: Jeannette DeWitt were active in civilian Both DeWitts were interested in horticul- Road all the way north to 51 st Street. defense activities, He was a member of the ture. Marshall put in many beautiful native Thousands of rattlesnakes and other animals local Ration Board, and she was active in the trees and shrubs, and Jeannette laid out beauti- fled the burning brush. Red Cross and in coastal watching, There was ful gardens. There was a rose garden and a When all members of the family were a tower at the old Seacrest Hotel (now the slat house for her beloved orchids, She was a concentrating their efforts on the West Boca founding member of the Delray Beach fannland, Harold Butts was his father's partner Garden Club and a lifelong gardening enthu- in the enterprise, Tom Fleming handled siast. finances and sales, Clarence Butts was in When the house was built, the only charge of irrigation and Marshall DeWitt was homes in the area were those that faced in charge of planting, harvesting, packing and Swinton Avenue. The land behind those payroll, August Butts had great feeling for houses extended all the way down to Lake Ida native Florida pine trees, and hated to see them without interruption. Nick Sloan remembers taken down. As a result, tractors often went that "it was all Palmetto trees and scrub oaks, around the trees for planting, and it was which in turn were covered with a canopy- thought that the wannth of the trees and their like vine of yellow and orange blooms which needles helped protect crops, In the slow times went on literally for hundreds of yards," of the year, produce other than beans were It was a wonderful place for young boys tried, including even peaches and sweet pota- to grow up, even with the dangers of rattlers toes. Marshall DeWitt and the Butts family and other wildlife which abounded, The fanned on land along Glades Road from the delightful small cottage behind the main Seaboard tracks west to the turnpike until the house was originally an open pavilion where late 1960s when they began to sell off their Mrs. DeWitt held meetings of her scout troop West Boca properties for development. Today, or church groups. She was very active in the all the Butts land has been sold and developed. Mayor Marshall DeWitt with winners at scouting movement and in Cason Methodist As the fanning era was coming to a close Church, where she taught Sunday school for in South Palm Beach County, Marshall the Delray Beach Tennis Tournament. many years. The outdoor pavilion was an De Witt turned his attention more to other Holiday Inn) from which the ocean was under ideal place for meetings of such groups, and interests in the Dekay Beach area He was a observation. Many Axis submarines operated in addition, there was a large screened porch member of the Board of Directors and later in these waters and there were frequent torpe- on the west side of the house, ideal for enter- Chairman of the Board of the First National doings, requiring help with rescue operations, taining in the cooler months, Jeannette Bank. of Dekay Beach. Branches were later On one occasion when Jeannette DeWitt was De Witt would often entertain friends or hold established at Linton and Federal Highway on duty, she reported survivors on a raft, but Garden Gub gatherings there. and on Atlantic A venue west of Military Trail. when rescuers came closer, the "survivors" But then, as Billy DeWitt notes, a prob- Mr. DeWitt remained active in the bank even turned out to be two pelicans happily floating lem arose. Gradually, nearby properties were after it was sold to Sun Bank, In addition to his on the otherwise empty raft. sold and homes were built close enough so banking interests, he was active in the local In addition to his family fanning activi- that an evening party might annoy a neighbor. Kiwanis Gub and in the city government. He ties, business and community interests, As a result, the porch was enclosed to create a was a member of the City Commission of Marshall DeWitt was above all else a family "Florida Room" and the pavilion was Delray Beach, and was elected mayor, serving man who was devoted to his family and to his enclosed to create an entirely self-sufficient in the mid-ta-late 19408. During this period, home. Certainly, in the year 1935 in the midst cottage in which Marshall DeWitt's parents one of the worst hwricanes in Delray's history of the worst depression in American history, lived in their later years, occurred, and Nick Sloan and Billy DeWitt not many people were building houses, but When the De Witt house was built in remember that after the 1947 hurricane the Marshall DeWitt and Clarence Butts had been 1936, air conditioning was a dream of the police borrowed a vehicle belonging to very lucky in their fanning activities. A major future, Gradually came window units in the Marshall DeWitt which had huge 19-inch bal- freeze had hit the bean crop in most agricul- 1950s, and later the house was converted to loon wheels and with which they patrolled the tura1 areas of Florida, but their crop had some- handle central air conditioning. Just after beached for looters. On that same occasion, how survived and was sold at a very hand- World War II, however, and before air condi- Mr, De Witt and Mr, Butts brought in their some profit. The house on Swinton Avenue tioning, Marshall De Witt purchased one of farm workers from the west to help form was begun shortly thereafter, It was designed the huge exhaust fans from the Air Base (on crews, each of which would take a section of by the noted architect, Gustav Maas, in what the site of FAD.) which was being disman- the city for clean up. One of the very difficult was termed, "Virginia Colonial Farmhouse tied at that time. The fan was very powerful -- ... It....................................................................................................................................................................................................................... .................................... THE DE\\'ITT FAMILY AND DELRAY BEACH: 1928 - 1993 and was installed upstairs. At night, windows the welfare of his employees to be his special club in the early 1940s. The members played would be opened in one area, and the cooler responsibility. One of the DeWitt's closest on courts built by the W.P.A. during the night air would be drawn in by the fan. The friends over the years was Dr, Monroe Farber, Depression on the site of the present Tennis only problem was that the moisture would also who remembers them as a very close family. Center. Marshall DeWitt and Monroe Farber be drawn in so that m no were instrumental in set- time all the shoes in clos- ting up the annual Dekay ets were growing mold Beach Tournament for and there was mildew young people from all everywhere. Air condi- over the state, The young tioning must have been a Chris Evert was a partici- very welcome innova- pant in this annual event. tion. The arrival of air Marshall DeWitt loved to conditioning was espe- play golf as well as ten- cially appreciated with nis, playing often at the concern for the lovely Dekay Beach Municipal pecky cypress panehng in Course. Another mterest the living room, which shared by the De Witts, always swelled with the Farbers, Loves and other moisture, Dekay families from the The beautiful 1930s to the 19805 was grounds also had to go dancing, fu 1937, a group through occasional ad- met at the DeWitt home justments to meet practi- and fonned The Cotillion caI realities. For example, Club, Marshall DeWitt there were originally two was the first president of massive ficus trees Just this social group, and off the west screened later, other groups were porch. While they provid- formed from the original ed wonderful shade, it club, including The was eventually discov- Revelers' Club, The ered that their roots were Coronado Club and The under the house and in Jubiliers (children of the danger of hfting it literal- founders of the original Iy off its foundations. The club), trees had to be removed, The De Witts are and the stumps were so remembered not only for massive, that when they their warmth and many were being lifted out by kindnesses. but for pos- huge crane trucks. the sessmg wonderful senses trucks were lifted off the of humor. Monroe Farber ground and had to be remembers the days anchored with dirt-filled when men first began dump trucks. wearing white shorts All of the DeWitt's instead of the traditional family and close friends long trousers on the ten- remember them especial- nis courts, The first man ly for their warmth, kmd- to cut off a pair of his ness and consideration for long tennis white was Cal others in their communi- Garner, who came onto ty, Once when one of his the courts rather shyly agricultural workers was not well and in need When the Farhers moved across the street and uncertainly, Jeannette took one look and of surgery, Marshall DeWitt sent him to his from the DeWitts in 1936, Jeannette came said, "Cal, now I can die . . , I've seen every- own physician and then arranged to pay for the over immediately with a welcoming gift, and thing," Cal fled. much-needed operation, This was a lime of thus began a long and warm friendship in Listening to long-time residents of Dekay personal concern between employer and which the two families enjoyed fishing trips talk about the early years makes one realize employees, and Marshall DeWitt considered together on their boats and formed a tennis how much the way of life has changed. When DEWITT HOME AND GARDENS SHOWCASE 11995 It It.... .......... It It It It. It.. .................. It. ............ ...... It... .......... ................... ........ .................. ........ ......... ........ ........ ...... THE DEWITT FA:vnLY /\NO OELRAY BEACH: 1928 - 1993 Billy DeWitt and Nick Sloan were boys. they city judge were all there at the same time. ocean to the Post Office in an old Model-A would hunt behind the DeWitt house to Lake While business was slow in the 1930s (Love Ford with a flatback rear section on which Ida and beyond to the railroad tracks following remembers going to college on $50 a he sat in an Adirondack lawn chair. them north as far as the present sites of Saint month). Delray had a pretty decent tourist Certainly, Delray Beach 10 these years was Joseph's Church and not only a delightful Bethesda Hospital. The small town in which to area was called Wildcat grow up, but a town of Creek at that time. The wonderful and colorful boys also used to take characters as well, part in the town's annu- Myrtle Butts al "Sadie Hawkins Day Heming is now the only Race," when the glfls remaining child of chased the boys. One of August and Natalie their friends built a Butts, She was the moat around a tree youngest of four, and where he could climb to recalls that when they escape a pursulOg were growlOg up, female, Unfortnately, Jeannette who was 11 one of the mothers who years older than she, was checking on her was called "Big Sis," chIldren's whereabouts while she was called fell into the hIdden "Little Sis" and the two moat instead and broke boys, Harold and her arm. There were Clarence, were in the about 3,700 people Ii v- middle. She remembers, ing in Delray when with great fondness, the Billy and Nick were role that her older sister boys and they remem- played, From 1922 to ber other examples of 1925, the family hved how wonderful it was to in West Palm Beach, grow up in a small town it, where Jeannette taught in that penod. The old Sunday school at the Love's Drugstore was Methodist Church, She where everyone gath- always took her ered and it had a hied younger siblings to floor, ceiling fans and church and to the public wire ice cream chaIrs, library for story hours. Telephone numbers had She also taught them to three digits, and when dance and to play tenms the boys discovered and other sports, In this girls and were IOvolved sense, Jeannette was an in long evening conver- inspiration to the other satlOns, suddenly the children and always led operator would break in them by example, and say, "Your mother Before her marriage and is trying to call you and move to Delray Beach is upset that you've in 1929. Jeannette and been on the phone for her family lived in Fort so long," Lauderdale, These were Billy and Nick her years at college, and loved the old Delray because everyone knew business even then, and it was also an during the summers she ran the young peo- everyone else and it was a very friendly artists'/writers' colony. There were a num- pies' programs for the Fort Lauderdale City place. Jimmy Love remembers the old ber of prominent cartoonists, including Recreation Department and also founded Love's Drug Store in the 1940s when his Fontaine Fox, who drew the Toonerville car- The Junior Cotillion Club in that city. The father was Postmaster (the Post Office was toons. Nick Sloan remembers Fox being 00- Continued in the drug store). and the pharmacist and ven by his chauffeur from his home on the ----~- - - ~ I .. .......... ...... ... ...... ...... .... ........ ...... were developed by the ButtslDeWitt partner- THE DEWiTT FAMILY A:-.lO ~ ;~._; ,;: ~1'~:::._~ bottled I ship, The establishment of stable banking I Sf DELRAY BEACH: 1928 - 1993 practIces m the Depression era made possible I Ji/ding! For the economic stability of the growing commu- ~--::-.-:c_ _ o;O:___~~,<-~~ Iting "Green" two sisters remained very close over the nity, Marshall DeWitt's years of service to the ~ .-' - - :;.[{-- _"'~ _M ... -. - - I years. When Jeannette married, Myrtle visit- city of Delray Beach as commissioner and ~ -'{~~ :~~ ~t~? ~ -~ ~ =- NS ed her sister and brother-in-law every sum- mayor, to the Lake Worth Drainage Distnct mer in Dekay Beach and came to know all . which he helped create and to the Delray !ntally friendly their close friends. She also graduated from Kiwanis Club are only the briefest accounting Florida State in 1936 and married Tom of his many contributions. Jeannette DeWitt's 'iG- Fleming in 1939. Myrtle Fleming is espe- service to the Girl Scouts, the Delray Beach 'C1\ RATON,FL. cially pleased to play a role in the honoring Library Board, where she worked tirelessly to of her sister's family and their home as part , improve the Library's programs for children, , of the history of Dekay Beach's centennial the Delray Beach Garden Club she helped to year. She is a member of the Fort 4 found and Cason Methodist Church whose Lauderdale, Boca Raton, Dekay Beach and young people she taught over many years.., I Mount Dora Historical Societies and states . that service, too, is so great that it is difficult to I that, "Historical Societies are the cement that measure. holds us in our proper places," 1 The contributions of Marshall and Jean- . Elizabeth DeWitt Blevins, Marshall nette DeWitt were not only in time and interest I and Jeannette DeWitt's granddaughter but in material goods as well, and continue be- remembers with great fondness her grand- yond their lives. Following their deaths, it was parent's monthly fishing trips to Port announced that a generous bequest had Salerno where they were usually accompa- been made by them to endow student schol- I nied by their grandchildren. Marshall arship funds at the University of Florida DeWitt loved his boat and took beautiful College of Dentistry. Certainly, the care of it. He later gave it to an older couple DeWItt's close friend, Dr. Monroe Farber, who had an equally strong love of fishing helped make thIS gift a reality, Other gener- but could not afford to buy a boat of that ous donations were also made to Florida quality . State University and to Florida Shenffs' Both Billy DeWitt and his family and Boys and Girls Ranches. When the Delray Myrtle Butts Fleming were particularly con- Beach Historical Society envisioned the I cerned to stress that no history of the DeWitt concept of Old School Square, the DeWitt family and their home on Swinton Avenue family were strong supporters and members would be complete without a discussion of of both The Histoncal Society and later Old the roles played by Sidney Miley and School Square itself as it became a separate Council Hayes. Sidney came to the DeWitt entity and flourished, Frances Bourque I household when she was only 16 years of talked often with the DeWitts, and before age. She was Billy DeWitt's "nanny" and their deaths, they made the important deci- the family housekeeper for over 60 years. sion to leave their beautiful home on She was a member of the family in every Swinton Avenue to Old School Square. The sense, The De Witts helped Sidney Miley to March, 1995, DeWitt Home and Gardens buy her home where she still lives today. Showcase honors not only the generosity of Council Hayes was the gardener on the ~ the DeWitt family's gift to Old School DeWitt property for nearly 20 years, Square, but the many contributions of this Elizabeth DeWitt Blevins remembers that dIstinguished couple to the life of Delray I Council and her grandfather would work in . Beach for over 60 years. The DeWitts were I I the yard side-by-slde for hours on end, and very modest people who never desired that the beauty of the De Witt grounds and recognitIon for their many contributions to gardens were in large part due to Council's their community. Now, at last, the commu- efforts. nity can say "thank you" in this unique The DeWitt era in Delray Beach lasted for manner. I over 60 years, fmally coming to an end with Mr. Posey is a retired American History .:. Furn the deaths of Marshall and Jeannette in 1993. teacher residing in Delray Beach, He taught Their legacy to the community is very great American History for 40 years, 30 years at indeed. Many innovations in farming tech- St, AndreM-'s School in Boca Raton, I .:.ACCt niques which will benefit agriculture for years Special thanks to the Delray Beach I .:.Oecc to come, including new methods of irrigation, Historical Society Archives for use of pho- tographs, ~};:;: t~~~,.~_ t - " 2ao~ d~ , r1 1 ? .. f J ~ CITY COMMISSION DOCUMENTATION -r...... '.:li'"' ' ','" "I ' .. - TO: MANAGER 0- THRU: TEL 0, ACTING DIRECTOR OF PLANNING AND ZONING /. Vn-....."r\ {2ttt~ FROM: ~SMIN ALLEN, PLANNER SUBJECT: EETING OF DECEMBER 6, 2004 CONSIDERATION OF A CITY-INITIATED AMENDMENT TO LOR SECTIONS 4.4.9 "GENERAL COMMERCIAL" AND 4.4.12 "PLANNED COMMERCIAL" TO ADD CHURCHES, OR PLACES OF WORSHIP, AS A CONDITIONAL USE SUBJECT TO CERTAIN REGULATIONS AND PROVIDING SIMILAR REGULATIONS FOR CLUBS AND LODGES AND AMENDING SECTION 4.4.13 "CENTRAL BUSINESS (CBD) DISTRICT" TO DELETE CLUBS AND LODGES AS A CONDITIONAL USE. I BACKGROUND I As churches or places of worship have been determined to be analogous to clubs and lodges (both assembly type uses that operate on an intermittent basis), under the "Religious Land Use and Institutionalized Persons Act of 2000" (RLUIPA), the "equal terms" provision of the law requires that "churches or places of worship" be accommodated in a manner similar to clubs and lodges which are currently allowed as conditional uses in the GC, PC, CBO and CBO-RC zoning districts, The proposed text amendment adds churches or places of worship as a conditional use in the GC and PC zoning districts, deletes clubs and lodges from the CBO and CBO-RC zoning districts, provides floor area limitations (3,500 sq, ft,) and minimum separation limitations of 750 feet airline route from lot line to lot line boundary for both uses, Pursuant to LOR Section 2.4.5(M)(5), approval of an LOR amendment must be based upon a finding that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. As indicated in the attached staff report, while the amendment does not fulfill a specific Goal, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them and accommodates the Federal regulations, Additional background and a detailed analysis of the text amendment are provided in the attached Planning and Zoning Board staff report of November 15, 2004, I PLANNING AND ZONING BOARD CONSIDERATION t At its meeting of November 15, 2004, the Planning and Zoning Board held a public hearing regarding the proposed text amendment. There was no public testimony regarding the proposed amendment. Two ordinances were considered by the Board, the first proposal (Ordinance Exhibit "A") allowed churches or places of worship as conditional uses in the GC, PC, CBO and CBO-RC zoning districts subject to floor area restrictions and minimum distance separation requirements, The alternate ordinance (Ordinance Exhibit "B") allowed churches or places of worship as conditional uses in the GC and PC zoning districts, deleted clubs and lodges from the CBO and CBO-RC zoning districts and provided for floor area restrictions and minimum distance separation requirements as previously \0\\ --- ---~-- --- City Commission Documentation Meeting of December 6, 2004 LOR Amendment - City-initiated text amendment regarding Churches or Places of Worship and Clubs and Lodges (Social Fraternal and Recreational) Page 2 indicated. As noted in the Planning and Zoning Board staff report, the deletion of clubs and lodges in the CBD and CBD-RC zoning districts would result in making the five (5) existing clubs and lodges non-conforming uses, It was noted that the proposed text amendments were reviewed by the Community Redevelopment Agency, the Downtown Development Agency, the West Atlantic Redevelopment Coalition and the Pineapple Grove Main Street which recommended approval of the alternate ordinance (Ordinance Exhibit "B"), After discussing the amendment, the Board voted 5-0 (Joe Pike left the meeting and Johnny Kincaide was absent) to recommend to the City Commission approval of the proposed alternate amendment (Ordinance Exhibit "B") by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in Section 2.4,5(M) of the Land Development Regulations. ~ RECOMMENDED ACTION I By motion, move to approve the amendment to LOR Sections 4.4,9,4.4.12 and 4.4,13 by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in Section 2.4,5(M) of the Land Development Regulations, with second reading to occur on January 4,2005, Attachment: Proposed Ordinance and Planning and Zoning Board Staff Report of November 15, 2004 ----- ORDINANCE NO. 70-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF CODE OF ORDINANCES, BY AMENDING SECTION 4.4,9(0), "CONDITIONAL USES AND STRUCTURES ALLOWED", TO ALLOW CHURCHES, OR PLACES OF WORSHIP, AND THEIR ATTENDANT FACILITIES AS A CONDITIONAL USE AS WELL AS PROVIDING A MAXIMUM SIZE FOR CHURCHES OR PLACES OF WORSHIP, CLUBS AND LODGES; AMENDING SECTION 4.4.9(H), "SPECIAL REGULATIONS", PROVIDING FOR A MINIMUM SEPARATION BETWEEN SUCH USES FOR BOTH CHURCHES OR PLACES OF WORSHIP, CLUBS AND LODGES; AMENDING SECTION 4.4,12(H) "SPECIAL REGULATIONS" PROVIDING FOR A MINIMUM SEPARATION BETWEEN SUCH USES FOR BOTH CHURCHES OR PLACES OF WORSHIP, CLUBS AND LODGES AMENDING SECTION 4.4,13(0), "CONDITIONAL USES AND STRUCTURES ALLOWED", TO DELETE CLUBS AND LODGES AS A CONDITIONAL USE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LOR Section 1,1,6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on November 15, 2004, and voted 5 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section 1, That the recitations set forth above are incorporated herein, Section 2, That Section 4.4.9, "General Commercial (GC) District", Subsection 4.4,9(0), "Conditional Uses and Structures Allowed", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (D) Conditional Uses and Structures Allowed: The following are allowed as conditional uses within the GC District, except as modified in the West Atlantic Avenue Overlay District by Section 4.4,9(G)(1) and the North Federal Highway Overlay District by Section 4.4,9(G)(2), (1 ) Residential Licensed Service Provider Facilities subject to restrictions set forth in Section 4.3,3(0), (2) Amusement game facilities limited to such uses as pinball, air hockey, electronic games, and other similar coin operated games when an attendant is on duty, (3) Wash establishments or facilities for vehicles, (4) Child Care and Adult Day Care, (5) Clubs and Lodges; social, fraternal, and recreational not exceedinq 3,500 sa, ft, of qross floor area, (6) Drive-in Theaters. (7) Flea Markets, bazaars, merchandise marts, and similar retail uses. (8) Funeral Homes. (9) Gasoline Stations or the dispensing of gasoline directly into vehicles. (10) Hotels and Motels. (11 ) Free-standing multiple-family housing subject to the requirements of the RM District except for setback and height requirements which shall be pursuant to this Section, (12) Recreational establishments such as bowling alleys, gymnasiums, health spas, miniature golf courses, skating rinks, (13) Sales and service of All Terrain Vehicles and personal watercraft (waverunners, jet skis), with no outside display, outside storage or outside service, (14)Vehicle care limited to the changing of oil and filters, and lubrication with no mechanical work or outside storage of vehicles except as a part of a gasoline station, (15)Veterinary Clinics. (16)Group Home, Type 2 and Community Residential Homes, pursuant to restrictions set forth in Section 4.3,3(1). 2 -- - ------ --------- - (17) Churches or places of worship. and their attendant Sunday school, recreational and columbarium facilities not exceedinq 3.500 square feet of qross floor area, The foreqoinq does not allow establishment of educational and care uses such as elementary school and qeneral day care, Section 3, That Section 4.4,9, "General Commercial (GC) District", Subsection 4.4,9(H) "Special Regulations" of the land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (H) Special Requlations: (1 ) The first ten feet of the front yard setback which is adjacent to a right-of-way shall be a landscaped area, except within the North Federal Highway Area as defined in 4.4,9(F)(2), which is subject to the special landscape setbacks of Section 4,3.4(H)(b). Within the required front landscape area, no paving shall be allowed except for driveways and walkways which shall be generally perpendicular to the property line, (2) Any outdoor display of sporting goods and equipment for rent is subject to the restrictions set forth in Section 4,6,6(C)(3), (3) Astrologists, clairvoyants, fortune tellers, palmists, phrenologists, psychic readers, spiritualists, numerologists and mental healers are limited to the geographical areas along N,E, and S.E, 5th and 6th Avenues (Federal Highway pairs), between S,E, 10th Street and S,E. 3rd Street, and between N,E. 4th Street and N,E, ih Street, and shall be limited to no more than one of each business every three hundred feet (300'), measured in a straight line from lot line to lot line, (4) 24-Hour or late night businesses as defined herein must be processed as a conditional use and are subject to the provisions of Section 4,3,3(W). (ill No Clubs and lodqes (social. fraternal and recreational) or Church or Places of Worship shall be located closer than seven hundred and fifty (750) feet from another such facility measured from lot line to lot line boundary alonq a straiqht airline route, Section 4, That Section 4.4,12, "Planned Commercial" (PC) District", Subsection 4.4.12(H) "Special Regulations" of the land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (H) Special Requlations: (1 ) Where it is appropriate to limit the type, character, or intensity of use within a PC development, this may be accomplished by affixing the added 3 ---- - -~- designation of "S" (Small Scale) to the PC designation (Le, PC-S), In such designated development, the maximum floor area which can be allocated to a single tenant or specific use, singularly or in the aggregate, shall not exceed 60,000 square feet. (e,g, although retail sales may exceed 60,000 sq.ft" the retail sale of home furnishings shall not exceed 60,000 sq,ft,). (2) 24-Hour or late night businesses as defined herein must be processed as a conditional use and are subject to the provisions of Section 4.3.3(W), (3} No Clubs and Lodqes (social, fraternal and recreational) or Church or Places of Worship shall be located closer than seven hundred and fifty (750) feet from another such facilitv measured from lot line to lot line boundary alono a straioht airline route, Section 5, That Section 4.4,13, "Central Business (CBD) District", Subsection 4.4,13(D), "Conditional Uses and Structures Allowed", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the CBD District: (1 ) Adult congregate living facilities, (2) Residential Licensed Service Provider Facilities, subject to restrictions set forth in Section 4.3,3(D), (3) Amusement game facilities limited to such uses as pinball, air hockey, electronic games, and other similar coin operated games when an attendant is on duty, (4) Child care and adult day care, (5) Clubs ~md lodgos; social, fr3ternal, and recreation3!. (9,) Financial institutions, e,g., banks and similar institutions including drive through facilities, (Q) Funeral homes including accessory uses, such as, a chapel, crematory, and the like, ill Gasoline stations or the dispensing of gasoline directly into vehicles, except that such use shall not be in the West Atlantic Neighborhood, the Beach District, nor on lots which front along Atlantic Avenue or N.E, 2nd Avenue (a/k/a Pineapple Grove Way), beginning at a point 105' south of N.E, 4th Street. 4 m) Recreational establishments such as bowling alleys, gymnasiums, health spas, miniature golf courses, skating rinks. (~) Veterinary clinics, L1Ql Movie theaters, excluding drive-ins, ill) Playhouses, dinner theaters, and places of assembly for commercial entertainment purposes (e,g" concerts, live performances), em Flea markets, bazaars, merchandise marts, and similar retail uses, (W Wash establishment, with automatic/mechanical systems only, for vehicles, except that such use shall not be located east of the Intracoastal Waterway or on lots which front along Atlantic Avenue, Further, this use must be established on property with a minimum lot area of 20,000 sq.ft, (14) Multi-family dwelling units, excluding duplexes, at a density greater than thirty (30) units per acre, on property located south of N,E. 2nd Street and north of S,E, 2nd Street, subject to the standards and limitations of Section 4.4,13(I), (lli) Group Home, Type 2 and Community Residential Homes, pursuant to restrictions set forth in Section 4,3,3(1), (16) Restaurants, Cocktail Lounges, Hotels, and Residential Type Inns may provide their required parking as valet parking, subject to the provisions of Section 4,6.9(F)(3), (17) Drive-in or drive-through restaurants on property located within the West Atlantic Neighborhood. f1J1) Hotels, motels, bed and breakfast inns, and residential-type inns on property located within the West Atlantic Neighborhood, (19) Free standing or mixed-use residential development at a density greater than twelve (12) units per acre, on property located within the West Atlantic Neighborhood, subject to the standards and limitations of Section 4.4,13(1), Section 6, That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 7. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. 5 ~---- Section 8, That this ordinance shall become effective immediately upon its passage on second and final reading, PASSED AND ADOPTED in regular session on second and final reading on this the day of ,200_, ATTEST MAYOR City Clerk First Reading Second Reading 6 -- r---- --- --_, - -- - -.-.- - . --.- .-- .---. -- --.-. ---~ L'~~.:: . :p~~~NiNq. A~' ~ON~!!-~-~O~~~--M~M9RA.~~~~~T A~_~ RE~,.~RT-~l~ MEETING DATE: NOVEMBER 15, 2004 AGENDA ITEM: IV.F AMENDMENT TO LOR SECTION 4.4.9 GENERAL COMMERCIAL, SECTION 4.4.12 PLANNED COMMERCIAL, SECTION 4.4.13 CENTRAL BUSINESS (CBD) DISTRICT AND SECTION 4.4.28 CENTRAL BUSINESS DISTRICT -RAILROAD CORRIDOR TO ADD CHURCHES, OR PLACES OF WORSHIP, AS A CONDITIONAL USE SUBJECT TO CERTAIN REGULATIONS AND PROVIDING SIMILAR REGULATIONS FOR CLUBS AND LODGES OR AS AN ALTERNATE AMEND SECTION 4.4.13 CENTRAL BUSINESS (CaD) DISTRICT TO DELETE CLUBS AND LODGES AS A CONDITIONAL USE AND ADD CHURCHES OR PLACES OF WORSHIP AS A CONDITIONAL USE IN THE GC (GENERAL COMMERCIAL) AND PC (PLANNED COMMERCIAL) DISTRICTS. - ~ ~:.v~':-.~~..~:~~;t:'.::~~':~.:i!~~ 'B~t=~.~~_~~E' ~Q~~~D -----=-. -----==- ---=--~ u.. .=_ . _= _,,_: The item before the Board is that of making a recommendation to the City Commission regarding two LOR amendments the first to Section 4.4.9 General Commercial (GC); Section 4.4,12 Planned Commercial (PC); Section 4.4.13 Central Business (CBD) District and Section 4.4.28 Central Business District-Railroad Corridor (CBD-RC) zoning districts "Conditional Uses and Structures Permitted", to add "Churches, or places of worship, and their attendant educational, nursery, Sunday school, recreational and columbarium facilities" as a conditional use subject to certain special regulations, pursuant to LOR Section 2.4,5(M). The second alternative amendment is to amend Section 4.4.13 (CBD) to delete clubs and lodges as a conditional use and to add churches or places of worship as a conditional use to Section 4.4.9 GC (General Commercial) and Section 4.4.12 PC (Planned Commercial) Districts. Pursuant to Section 1.1.6(A), an amendment to the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board, ~-,I{':w,,:!;;',,:, ...,\i,;.~~iiJ:'4j::-~~'~..:j~-;.'-f.>t.-....r:-.BACKGRbUNO .-- " __no '-'-'.--=-..- - ..-----:-..-" !. IJ~;.~;---. ._~:'.. ..: '-~:.' >.~:::-:- . ..: ~ . ': ~~__ - . .~-=--- ==--- ..=--. _-==-- ...--- ~,.-- '..=-_.. .-- ' _:, Prior to the adoption of the Land Development Regulations in 1990, "churches or places of worship" were allowed as a conditional use in all residential zoning districts [except the Mobile Home (MH) district]; and several office and commercial districts including the RO (Residential Office), POC (Planned Office Center), General Commercial (GC), Specialized Commercial (SC), Central Business District (CBD), Limited Commercial (LC) and the CF (Community Facility) districts. With the adoption of the Land Development Regulations in November 1990, "churches or places of worship" were eliminated as a conditional use in the Planned Residential Developments (PROs) districts; the commercial and office zoning districts; and, were Planning and Zoning Board Staff Report LOR Amendment Regarding Churches or Places of Worship and Clubs and Lodges (Social, Fraternal and Recreational) in the Commercial Zoning Districts Page 2 changed from a conditional use to a principal "permitted" use in the Community Facilities (CF) district. Currently, churches or places of worship are allowed as a conditional use in the R-1-A (Single Family Residential), RL (Low Density Residential) and RM (Medium Density Residential) zoning districts; and are allowed as a principal use "permitted" in the CF (Community Facilities) district. In January 2000, ''The Religious Land Use and Institutionalized Persons Act of 2000" (RLUIPA) was adopted by the US Congress. The RLUIPA provides that,.. no government shall impose or implement a land use regulation in a manner that imposes a substantial burden on the religious exercise of a person, including a religious assembly or institution, unless the government demonstrates that imposition of the burden on that person, assembly, or institution - (A) is in furtherance of a compelling governmental interest; and - (B) is the least restrictive means of furthering that compelling governmental interest. The RLUIPA further provides that ..,.. (1) no government shall impose or implement a land use regulation in a manner that treats a religious assembly or institution on less than equal terms with a nonreligious assembly or institution (Equal Terms), (2) no government shall impose or implement a land use regulation that discriminates against any assembly or institution on the basis of religion or religious denomination (Non-discrimination ). (3) no government shall impose or implement a land use regulation that (Exclusion and Limits) -- (A) totally excludes religious assemblies from a jurisdiction; or (B) unreasonably limits religious assemblies, institution, or structures within a jurisdiction. Presently, clubs and lodges (social, fraternal and recreational) which have been interpreted as non religious assembly are allowed as a conditional use within the GC, PC, CBD and CBD-RC zoning districts. However, churches or places of worship are not listed within any of those zoning districts, As churches or places of worship are analogous to clubs and lodges (both assembly type uses that operate on an intermittent basis), the "equal terms" provision of the law requires that "churches or places of worship" be accommodated in a manner similar to clubs and lodges. Recently, the Eleventh Circuit Court of Appeals (this Circuit governs Florida) ruled in April 2004 involving the Town of Surfside, In the case of Midrash Sephardi, Inc. and Young Israel of Bal Harbor, Inc. v Town of Surfside, the court held that the Town's restriction prohibiting the location of church's and synagogues in its downtown business district violated the RLUIPA, The court determined that the Town allowed private clubs and lodges, that were Planning and Zoning Board Staff Report LOR Amendment Regarding Churches or Places of Worship and Clubs and Lodges (Social, Fraternal and Recreational) in the Commercial Zoning Distncts Page 3 relative to churches and synagogues, (while prohibiting churches and synagogues) to be located within the business district, thus violating RLUIPA's equal terms provision, The Town argued that by allowing churches or synagogues in its business district it eroded its tax base. The court, however, held that because private clubs and lodges were permitted uses and were analogous to churches, then the Town failed to treat the groups equally, and therefore the court could not apply strict scrutiny in reviewing the regulation. Given the above this amendment is being initiated to obtain consistency with the Federal Regulations, ~:--'''~~ii .'1~----""O::-~n_'';._.'',- , . .-'- -- . '.-- -..---,: '.. ."-.".-' ,', ,- -.. .,. .-_... ..'... .-:;::"'1 ~'.~=-_:. _i~" ....._-., .', -'LDRTEXTAMENDMENT,ANALYSIS '" _ LOR Section 2.4.5(M)(5) (Findinas): Pursuant to LOR Section 2.4.5(M)(5) (Findings), in addition to LOR Section 1.1.6(A), the City Commission must make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. While there is no specific Comprehensive Plan goal, objective or policy that is furthered by this amendment, the changes are necessary to meet the requirements of Federal Regulations. Historically, churches or places of worship because of their community oriented activities were primarily located within or in close proximity to residential areas. Additionally, some churches or places of worship often offer other community services such as child care and schools that are not generally appropriate in a commercial area. However, since clubs and lodges are currently allowed as a conditional use in the GC, PC, CBO and CBO-RC districts, the RLUIPA mandates that provisions be made for accommodating churches or places of worship in the same manner. The equal treatment can be accomplished either by adding churches to these districts, or deleting clubs and lodges, or a combination of both. Further, as there are concerns with accommodating churches or places of worship in a commercial setting reasonable regulations applying to both churches and clubs and lodges should be considered. The imposition of certain restrictions may not be without merit as noted above, in the case of Midrash Sephardi, Inc. and Young Israel of Bal Harbor, Inc, v Town of Surfside, the court held that in applying the strict scrutiny the court looked to see if the regulation "advances interests of the highest order and is narrowly tailored in pursuit of those interests". The court determined that the Town could have "enacted narrower ordinances that do not improperly distinguish between similar secular and religious assemblies". Due to their intermittent nature, churches and to some extent clubs and lodges are seen as "dead space" in the urban fabric of the downtown during normal retail hours. The location of churches and clubs and lodges within a commercial area provides a break in the retail activities which does not promote pedestrian activity. A large facility or the proliferation of smaller facilities within a limited area has the potential to overwhelm a commercial area or center and change the character of the area. Further, the uses significantly interrupt the Planning and Zoning Board Staff Report LOR Amendment Regarding Churches or Places of Worship and Clubs and Lodges (Social, Fraternal and Recreational) In the Commercial Zoning Districts Page 4 fabric of the commercial streetscape and pedestrian activity within the area, Given the above, it is reasonable to consider regulations which would limit the size of a facility and provide for minimum separation between uses. The CBD zone district would likely be the most impacted commercial district with the inclusion of these uses, The purpose and intent of the CBD zone district states "The Central Business District (CBD) zone district is established in order "to preserve and protect the cultural and historic aspect of downtown Delray Beach and simultaneously provide for the stimulation and enhancement of the vitality and economic growth of this special area". In pursuit of maintaining the character of this commercial zoning district while adhering to the Federal mandates two proposals are brought forward: The first ordinance (Proposed Amendment Exhibit "A") would allow for the accommodation of Churches or Places of Worship as well as Club and Lodges (social, fraternal and recreational) as a conditional use within the GC, PC, CBD and CBD-RC zoning districts subject to certain special regulations, These regulations would place size restrictions, distance requirements between facilities in all commercial districts. Within the CBD and CBD- RC districts certain overlay districts would be created which would limit the locations within the CBD and CBD-RC for both churches and clubs and lodges. These uses would not be allowed fronting specific commercially orientated streets. The following is a detailed discussion of each: (1) Within the CBD zone district - "Clubs and Lodqes (social, fraternal and recreational) and Churches or Places of Worship and their attendant Sunday school, recreational and columbarium facilities shall not be allowed on properties within the West Atlantic Neiqhborhood, the Beach Core District. one block north and south of East Atlantic Avenue in the Central Core, nor on NE ,?d Avenue (Pineapple Grove Way) between Atlantic Avenue and NE 4th Street" (see attached location map): Location restrictions have historically been placed on certain types of uses which, while generally being accommodated in the district may not be appropriate in certain locations. There is a basis for considering restrictions on the location churches or places of worship (and conversely clubs and lodges) within the CBD, As stated above, in a commercial setting, due to their limited activity during normal retail hours, churches or places of worship create a break in the retail activities which do not promote pedestrian activity, necessary to sustain commercial vitality. While the proposed amendment would allow for the accommodation of churches or places of worship as well as clubs and lodges within certain areas of the CBD and CBD-RC, given the desire to encourage and maintain pedestrian and retail activities within the Downtown area, limitations should be placed on the location of such facilities. (2) Churches or Places of Worship and Clubs and Lodqes not exceedinq 3,500 square feet of qross floor area: Within the commercial zoning districts a relatively small facility occupying a retail building would not significantly interrupt the fabric of the commercial streetscape and pedestrian activity within the area, thus the proposed amendment provides a size limitation of 3,500 square feet of total floor area devoted to such uses. Planning and Zoning Board Staff Report LOR Amendment Regarding Churches or Places of Worship and Clubs and Lodges (Social, Fraternal and Recreational) in the Commercial Zoning Districts Page 5 (3) No Clubs and Lodaes (social, fraternal and recreational) or Church or Places of Worshio shall be located closer than seven hundred and fifty (750) feet from another such facilitv measured from lot line to lot line boundary alona a straiaht airline route, The intent of this regulation is to prevent the proliferation of these uses within close proximity of each other or within a single shopping center, Another issue that is associated with the accommodation of churches in CBD is the ability given the limited land area, to accommodate required parking. Assembly type uses have a higher parking demand than normal retail uses. [LOR Section 4,6,9(C)(6)(c) and (d)] provides the parking requirement for churches and clubs and lodges (c) Churches: Shall provide one space for every three seats provided in the sanctuary. Additional parking is not required for other uses on the church property (e.g, Sunday School, Day Care, Preschool, etc.) when such uses are operated as a part of, under the auspices of, the Church. (d) Clubs and Lodaes: Shall provide 1 space for every four seats or 1 for every 50 sq, ft, of total floor area, whichever is greater. Exceptions to the above requirement are noted below for uses located within that portion of the CBD bounded by Swinton Avenue on the west, N.E. 1 st Street on the north, the Intracoastal Waterway on the east and S.E. 1st Street on the south, the parking requirements for all non-residential uses, except restaurants, shall be one space for each 300 square feet or fraction thereof, Both ordinances would not allow these uses within this area therefore this is not a concern, However, if these uses were to be considered it would be appropriate to require parking consistent with LOR Section 4.6.9 (Le, not allow an exception for these uses). Under the alternate proposal (Proposed Amendment Exhibit "B), Churches or Places of Worship would not be allowed within the Central Business (CBD) District or Central Business District-Railroad corridor (CBD-RC) zoning districts. Conversely, clubs and lodges would be deleted as a conditional use, Within the General Commercial (GC) and Planned Commercial (PC) zone districts churches or places of worship would be added as a conditional use and both uses (Le. churches and clubs/lodges) will be subject the floor area limitations and separation requirements noted above. The deletion of clubs and lodges from the CBD and CBD-RC zoning districts would result in making the five (5) existing clubs and lodges nonconforming uses. The table below and the attached map list the existing clubs and lodges and their location. Pursuant to LOR Section 1.3.5 these uses could continue as legal non-conforming uses as long as they did not cease operation for a continuous period of 180 days. However, as a nonconforming use they would be subject to limits on repairs and maintenance, provided that the interior repair work does not exceed 10% of the current replacement cost or exterior modifications do not exceed 15% of the current replacement costs as outlined in LOR Planning and Zoning Board Staff Report LOR Amendment Regarding Churches or Places of Worship and Clubs and Lodges (Social, Fraternal and Recreational) in the Commercial Zoning Districts Page 6 Section 1,3,6, These restrictions would not apply to individual historically listed properties, and contributing structures within historic districts, Zonin Districts Floor area CBD 3,708 s . ft. CBD-RC 11 ,194 s ,ft, CBD 6,263 sq. ft, CBD 3,713 s . ft. CBD 3,416s .ft, A comparison of regulations of other jurisdictions was conducted: Churches or places of worship were primarily allowed either as a permitted use or a conditional use in the residential zoning districts. However, for the purposes of this amendment, focus was given on the whether the governmental entity allowed churches within its commercial districts. Palm Beach County: Churches or place of worship are allowed in the CN (Neighborhood Commercial), CLO (Commercial Limited Office) CC (Community Commercia!), CHO (Commercial High Office), CG (General Commercial) and CRE (Commercial Recreational),Districts, Palm Beach County has the following special regulations for churches: A church or place of worship not exceeding 3,000 square feet of gross floor area or 150 seats shall be permitted in the CN, CC, TMD (Traditional Marketplace) and a commercial pod in a POD (Planned Development) or TOO (Traditional Development) district. City of Boca Raton: Churches and places of worship of God are allowed as a conditional use in Community Business (B2), General Business (B4) and Commercial District (C1) zoning districts. The City of Boca Raton does not have any special requirements for churches. City of West Palm Beach Churches, Synagogues, and other house of worship are allowed as permitted use in all commercial zoning districts, The City of West Palm Beach has the following special regulations for churches: 1. Minimum site dimensions: . Minimum site area: 20,000 square feet . Minimum lot width: 100 square feet 2. Minimum distances: Planning and Zoning Board Staff Report LDR Amendment Regarding Churches or Places of Worship and Clubs and Lodges (Social, Fraternal and Recreational) in the Commercial Zoning Districts Page 7 . All principal and accessory structures: 30 feet from any residential zoning district or 30 feet from a residential property line if located in a residential zoning district. . All parking, loading and vehicular circulation areas: 30 feet from any residential zoning district or 30 feet from a residential property line if located in a residential zoning district. 3, Maximum lot coverage: maximum lot coverage by all impervious surfaces shall not exceed 60 percent of total lot area. City of Bovnton Beach Churches and other places of worship with their attendant uses are allowed in the C-1 (Office and Professional District), C-2 (Neighborhood Commercial District),. C-3 (Community Commercial District), C-4 (General Commercial District), CBD (Central Business District). The City of Boynton has no special regulations for churches in the commercial zoning districts, Comprehensive Plan Policies: The goals, objectives and policies of the Comprehensive Plan were reviewed and there are no applicable goals, objectives or policies noted. As noted previously, this amendment is being initiated to be consistent with Federal regulations, While the amendment does not fulfill a specific Goal, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them. ~~_~..__,.~...__._'~u_____".___..__~_.. ___ .'.' .- .. . . - II. ........ , . .:..".........-:; ..- ,,,....... ~:J"v...;J..,..... .aopr 4'~1'" I".. .... .~- ~~'l' ~~. !,.. .":' ,.' ,~~ ..' .~:...:, '."...~. . R WBY OTHER ':"' "., .r ..._~..__ '.~..:'~; . .. :.!": "of' ...!-. ..~.... ..~;.. . ~. ..~ _ ; I I, . .. ...' __ .... I The proposed zoning text amendment was reviewed by the Community Redevelopment Agency, the Downtown Development Agency, Pineapple Grove Main Street and the West Atlantic Avenue Redevelopment Coalition. Downtown Development Authority (DDA): The proposed amendments were reviewed by the DDA on November 8, 2004. The Board recommended approval of Proposed Amendment Exhibit "B" which deletes clubs and lodges as a conditional use in the CBD and CBD-RC zoning districts and allows clubs and lodges and churches in the General Commercial (GC) and Planned Commercial (PC) zone districts subject the floor area limitations and separation requirements, Community Redevelopment Agency: The proposed amendments were reviewed by the CRA on November 11, 2004, The Board recommended approval of Proposed Amendment "Exhibit "8" which deletes clubs and lodges as a conditional use in the CBD and CBD-RC zoning districts and allows clubs and lodges and churches in the General Commercial (GC) and Planned Commercial (PC) zone districts subject the floor area limitations and separation requirements. Planning and Zoning Board Staff Report LDR Amendment Regarding Churches or Places of Worship and Clubs and Lodges (Social, Fraternal and Recreational) in the Commercial Zoning Districts Page 8 Pineapple Grove Main Street: The proposed amendment was reviewed by PGMS on November 8, 2004. The Soard recommended approval of Proposed Amendment "Exhibit "S" which deletes clubs and lodges as a conditional use in the CSD and CSD-RC zoning districts and allows clubs and lodges and churches in the General Commercial (GC) and Planned Commercial (PC) zone districts subject the floor area limitations and separation requirements. West Atlantic Avenue Redevelopment Coalition (WARC): The proposed amendments were reviewed by WARC on November 10, 2004. The Soard recommended approval of Proposed Amendment "Exhibit "S" which deletes clubs and lodges as a conditional use in the CBD and CBD-RC zoning districts and allows clubs and lodges and churches in the General Commercial (GC) and Planned Commercial (PC) zone districts subject the floor area limitations and separation requirements. It is noted that one Board member (Zack Straghn) abstained from the vote. Courtesy Notices: Special courtesy notices were provided to the following homeowners and civic associations: 0 PROD 0 Presidents Council 0 Chamber of Commerce 0 Masonic Lodge 0 Elks Club 0 Crossroads Club 0 American Legion 0 VFW Letters of objection and support, if any, will be presented at the Planning and Zoning Board meeting. [~~.(Eim'ATIt'&.(CTIOA!'n:~.~~:?~~,; ;i:-,! r' .:-::- .", : ~- '. ~:t '11 ., . I' : ' ......:....: ". . ____ -.-;- .. .-::...::. "''' ~.. I . - _:_.:._._=.:~... .... ___...:-:=--_ .:--:--- _""":'='_ :==---'1 1. Continue with direction, 2. Move to recommend to the City Commission approval of the attached amendment Exhibit "A" to the Land Development Regulations (LDRs) Sections 4.4.9, 4..4.12, 4.4.13 and 4.4.28 by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. 3. Move to recommend to the City Commission approval of the attached amendment Exhibit "s" to the Land Development Regulations (LDRs) Sections 4.4,9, 4.4.12, and 4.4.13 by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations, Planning and Zoning Board Staff Report LOR Amendment Regarding Churches or Places of Worship and Clubs and Lodges (Social, Fraternal and Recreational) in the Commercial Zoning Distncts Page 9 4. Move to recommend to the City Commission denial of the attached amendment (Exhibit "A") to the Land Development Regulations (LDRs) Section 4.4.9, 4.4.12, 4.4.13, and 4.4.28 by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4,5(M) of the Land Development Regulations. 5, Move to recommend to the City Commission denial of the attached amendment (Exhibit "8") to the Land Development Regulations (LDRs) Section 4.4.9, 4.4.12, and 4.4.13, by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. ~"f7-.::-'~~jj,',J.~7~~~~Z- ~-~RE'OijI.fME~BEii ACTI6tt,:~;;,:"..~.:; ~.'~'. -.' '.. --:--';-V~~-: i..4""1 ...,.':-:....:~... _!!~~'..3.:..:.::.....;..:~:-:.::...:. .... -.~ '.. ...... -_1.-. _ . ............. :... .. . ". ._ ....." .: ". :. 5 , . 8y motion, recommend to the City Commission approval of the attached Exhibit "B" amendment to Land Development Regulations Sections 4.4.9, 4.4.12 and 4.4.13 by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. Attachment: . Exhibit "A" - Proposed Amendment . Exhibit "8" - Proposed Amendment . Location Map Exhibit -- PROPOSED AMENDMENT EXHIBIT "A" ORDINANCE NO. 69.04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF CODE OF ORDINANCES, BY AMENDING SECTION 4.4.9(0), "CONDITIONAL USES AND STRUCTURES ALLOWED" AND SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT', SUBSECTION 4.4.13(0) "CONDITIONAL USES AND STRUCTURES ALLOWED" TO ALLOW CHURCHES, OR PLACES OF WORSHIP, AND THEIR ATTENDANT FACILITIES AS A CONDITIONAL USE AS WELL AS PROVIDING A MAXIMUM SIZE FOR CHURCHES, CLUBS AND LODGES; MODIFYING SECTION 4.4.13(H) PROVIDING A LIMITATION OF THE AREA WHERE CHURCHES OR PLACES OF WORSHIP, CLUBS AND LODGES ARE ALLOWED, AND AMENDING SECTION 4.4.9(H) AND SECTION 4.4.12(H) "SPECIAL REGULATIONS" PROVIDING FOR A MINIMUM SEPARATION BETWEEN SUCH USES FOR BOTH CHURCHES OR PLACES OF WORSHIP, CLUBS AND LODGES, PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LOR Section 1,1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on , and voted _ to _ to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein, Section 2, That Section 4.4.9, "General Commercial (GC) District", Subsection 4.4,9(D), "Conditional Uses and Structures Allowed", and Subsection 4.4.9 (H) "Special Regulations" of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (D) Conditional Uses and Structures Allowed: The following are allowed as conditional uses within the GC District, except as modified in the West Atlantic Avenue Overlay District by Section 4.4,9(G)(1) and the North Federal Highway Overlay District by Section 4.4.9(G)(2). (1 ) Residential Licensed Service Provider Facilities subject to restrictions set forth in Section 4,3.3(D). (2) Amusement game facilities limited to such uses as pinball, air hockey, electronic games, and other similar coin operated games when an attendant is on duty. (3) Wash establishments or facilities for vehicles. (4) Child Care and Adult Day Care. (5) Clubs and Lodges; social, fraternal, and recreational not exceedinq 3,500 Sq. ft. of qross floor area, (6) Drive-in Theaters. (7) Flea Markets, bazaars, merchandise marts, and similar retail uses. (8) Funeral Homes. (9) Gasoline Stations or the dispensing of gasoline directly into vehicles. (10) Hotels and Motels. (11 ) Free-standing multiple-family housing subject to the requirements of the RM District except for setback and height requirements which shall be pursuant to this Section. (12) Recreational establishments such as bowling alleys, gymnasiums, health spas, miniature golf courses, skating rinks. (13) Sales and service of All Terrain Vehicles and personal watercraft (waverunners, jet skis), with no outside display, outside storage or outside service, (14)Vehicle care limited to the changing of oil and filters, and lubrication with no mechanical work or outside storage of vehicles except as a part of a gasoline station, (15)Veterinary Clinics. (16)Group Home, Type 2 and Community Residential Homes, pursuant to restrictions set forth in Section 4.3.3(1). (17) Churches or places of worship. and their attendant Sunday school. recreational and columbarium facilities not exceedinQ 3.500 square feet of Qross floor area. The foreQoinQ does not allow establishment of educational and care uses such as elementary school and Qeneral day care. (H) Special ReQulations: (1 ) The first ten feet of the front yard setback which is adjacent to a right-of-way shall be a landscaped area, except within the North Federal Highway Area as defined in 4.4.9(F)(2), which is subject to the special landscape setbacks of Section 4,3.4(H)(b). Within the required front landscape area, no paving shall be allowed except for driveways and walkways which shall be generally perpendicular to the property line, (2) Any outdoor display of sporting goods and equipment for rent is subject to the restrictions set forth in Section 4.6.6(C)(3). (3) Astrologists, clairvoyants, fortune tellers, palmists, phrenologists, psychic readers, spiritualists, numerologists and mental healers are limited to the geographical areas along N.E. and S.E. 5th and 6th Avenues (Federal Highway pairs), between S.E, 10th Street and S.E. 3rd Street, and between N.E. 4th Street and N,E. ih Street, and shall be limited to no more than one of each business every three hundred feet (300'), measured in a straight line from lot line to lot line, (4) 24-Hour or late night businesses as defined herein must be processed as a conditional use and are subject to the provisions of Section 4.3,3(W). (ill No Clubs and LodQes (social. fraternal and recreational) or Church or Places of Worship shall be located closer than seven hundred and fifty (750) feet from another such facility measured from lot line to lot line boundary alonQ a straiQht airline route. Section 3. That Section 4.4.12, "Planned Commercial" (PC) District", Subsection 4.4,9(H) "Special Regulations" of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (H) Special Reoulations: (1 ) Where it is appropriate to limit the type, character, or intensity of use within a PC development, this may be accomplished by affixing the added designation of "S" (Small Scale) to the PC designation (Le, PC-S). In such designated development, the maximum floor area which can be allocated to a single tenant or specific use, singularly or in the aggregate, shall not exceed 60,000 square feet. (e.g, although retail sales may exceed 60,000 sq.ft., the retail sale of home furnishings shall not exceed 60,000 sq.ft.), (2) 24-Hour or late night businesses as defined herein must be processed as a conditional use and are subject to the provisions of Section 4.3.3(W). (3} No Clubs and Lodoes (social. fraternal and recreational) or Church or Places of Worship shall be located closer than seven hundred and fifty (750) feet from another such facility measured from lot line to lot line boundary alono a straioht airline route. Section 4. That Section 4.4.13, "Central Business (CBD) District", Subsection 4.4.13(0) "Conditional Uses and Structures Allowed", and Subsection 4.4.9(H) "Special Regulations" of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: Section 4.4.13 Central Business (CBD) District: (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the CBD District: (1 ) Adult congregate living facilities. (2) Residential Licensed Service Provider Facilities, subject to restrictions set forth in Section 4,3.3(0). (3) Amusement game facilities limited to such uses as pinball, air hockey, electronic games, and other similar coin operated games when an attendant is on duty. (4) Child care and adult day care. (5) Clubs and lodges; social, fraternal, and recreational. (6) Financial institutions, e.g., banks and similar institutions including drive through facilities. (7) Funeral homes including accessory uses, such as, a chapel, crematory, and the like. (8) Gasoline stations or the dispensing of gasoline directly into vehicles, except that such use shall not be in the West Atlantic Neighborhood, the Beach District, nor on lots which front along Atlantic Avenue or N.E. 2nd Avenue (alkla Pineapple Grove Way), beginning at a point 105' south of N,E. 4th Street. (9) Recreational establishments such as bowling alleys, gymnasiums, health spas, miniature golf courses, skating rinks. (10) Veterinary clinics, (11 ) Movie theaters, excluding drive-ins. (12) Playhouses, dinner theaters, and places of assembly for commercial entertainment purposes (e.g" concerts, live performances). (13) Flea markets, bazaars, merchandise marts, and similar retail uses. (14) Wash establishment, with automatic/mechanical systems only, for vehicles, except that such use shall not be located east of the Intracoastal Waterway or on lots which front along Atlantic Avenue. Further, this use must be established on property with a minimum lot area of 20,000 sq. ft. (15) Multi-family dwelling units, excluding duplexes, at a density greater than thirty (30) units per acre, on property located south of N.E. 2nd Street and north of S,E. 2nd Street, subject to the standards and limitations of Section 4.4.13(1 ), (16) Group Home, Type 2 and Community Residential Homes, pursuant to restrictions set forth in Section 4.3.3(1). (17) Restaurants, Cocktail Lounges, Hotels, and Residential Type Inns may provide their required parking as valet parking, subject to the provisions of Section 4,6,9(F)(3). (18) Drive-in or drive-through restaurants on property located within the West Atlantic Neighborhood. (19) Hotels, motels, bed and breakfast inns, and residential-type inns on property located within the West Atlantic Neighborhood. (20) Free standing or mixed-use residential development at a density greater than twelve (12) units per acre, on property located within the West Atlantic Neighborhood, subject to the standards and limitations of Section 4.4.13(1). (21) Churches or places of worship, and their attendant Sunday school, recreational and columbarium facilities not exceedinQ 3,500 square feet of Qross floor area, The foreQoinQ does not allow establishment of educational and care uses such as elementary school and qeneral day care. (H) Special Regulations: (1 ) The sale of second hand material, other than verifiable antiques, shall not be allowed within businesses nor on properties which have an entry from and/or windows along and/or frontage on Atlantic Avenue or N.E. 2nd Avenue (a/kJa Pineapple Grove Way) between East Atlantic Avenue and N.E. 4th Street. (2) The sale of automotive parts, firearms, and lawn care equipment, shall not be allowed within the West Atlantic Neighborhood nor within businesses or on properties which have an entry from and/or windows along and/or frontage on East Atlantic Avenue or N.E. 2nd Avenue (a/kJa Pineapple Grove Way) between East Atlantic Avenue and N.E. 4th Street. (3) The picking-up, dropping-off, or otherwise transporting workers, assigned through an employment agency, from an assembly point in the CBD to the work site is prohibited, except within the West Atlantic Neighborhood area provided the structure involved does not have an entrance from and/or windows facing West Atlantic Avenue. (4) Within the West Atlantic Neighborhood, all permitted uses with drive-through facilities shall require conditional use approval. -- --------- -~~~- (5) Minimum floor area for multi-family residential dwelling units shall be as established for the Medium Density Residential (RM) zoning district in Section 4.3.4(K). (6) Multi-family dwelling units may be located in structures that are comprised of residential units only or in mixed-use buildings that contain a combination of residential and non-residential uses, However, where residential uses are located in structures having frontage on Atlantic Avenue~NW/SW 5th Avenue or N,E. 2nd Avenue (alkla Pineapple Grove Way), there must be nonresidential uses fronting the Avenue on the ground floor. (7) The rental of sporting goods and equipment shall be limited to no more than one business renting a specific category of item (Le. bicycles, skates, etc.) every 300 feet measured in a straight line from door to door, and any outdoor displays are subject to the restrictions set forth in Section 4.6,6(C)(3). (8) 24-Hour or late night businesses as defined herein must be processed as a conditional use and are subject to the provisions of Section 4,3.3(VV), ffi.} Clubs and Lodqes; social, fraternal. and recreational and Churches or Places of Worship and their attendant Sunday school. recreational and columbarium facilities shall not be allowed on properties within the West Atlantic Neiqhborhood District. the Beach Core District. one block north and south of East Atlantic Avenue in the Central Core District nor on NE 2nd Avenue (Pineapple Grove Way). between Atlantic Avenue and NE 4th Street. llID No Clubs and Lodqes (social. fraternal or recreational) or Churches or Places of Worship shall be located closer tha seven hundred and fifty (750) feet from another such facility measured from lot line to lot line boundary alonq a straiaht airline route, Section 5, That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid, Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed, Section 7. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of ,200_, ATTEST MAYOR City Clerk First Reading Second Reading "ci f D ~J+r::p:p::~-~~ h::~ E ~ ~:~i,r~1J~.' ......... - -=l~ .'-.' " , " , ""-- -.. .. e- ,,' V- ' -. \fI" ""- .. '- ~ '. ~ ~ 0 ~. ~ ~ ~"'JJ mf"'"" , B ~ ffi H" '" IlliJJ I.. :~ V '!! ~ ~ I ~ " 1111111111111 1Il1IIIIjJIJ fr " I;;r \ ~ II' '" ...1::1 rITt ::;:=; t=I ~~ "- ~~g ~ o~ IITIIIIII,I.I~tmlW.1rm II~ ~[Irn 11:;111 k. ~,o 1tITI',i~ ~ E2 ~ ~ ~ Z !;l II! '1lIllllIlllllmllIITlllITiTI J I ~ \I!llW!!!!I ,I rll FR:Ij Ir,tJ ;.:,= Q ~~)> 0 J= ~ rf, ILH -1~r=t=i · ^ < - I. 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I ~ " \ - ' , AN"N< ON" --n .. ~ ~ ~ q g ~.1 ; I I '" U> ~ U> PROPOSED AMENDMENT EXHIBIT "B" ORDINANCE NO. 70-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF CODE OF ORDINANCES, BY AMENDING SECTION 4.4,9(0), "CONDITIONAL USES AND STRUCTURES ALLOWED", TO ALLOW CHURCHES, OR PLACES OF WORSHIP, AND THEIR ATTENDANT FACILITIES AS A CONDITIONAL USE AS WELL AS PROVIDING A MAXIMUM SIZE FOR CHURCHES OR PLACES OF WORSHIP, CLUBS AND LODGES; AMENDING SECTION 4.4,13(D), "CONDITIONAL USES AND STRUCTURES ALLOWED", TO DELETE CLUBS AND LODGES AS A CONDITIONAL USE; AND AMENDING SECTIONS 4.4,9(H) AND 4.4.12(H) "SPECIAL REGULATIONS" PROVIDING FOR A MINIMUM SEPARATION BETWEEN SUCH USES FOR BOTH CHURCHES OR PLACES OF WORSHIP, CLUBS AND LODGES PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on , and voted _ to _ to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2, That Section 4.4.9, "General Commercial (GC) District", Subsection 4.4.9(D), "Conditional Uses and Structures Allowed", and Subsection 4.4,9 (H) "Special Regulations" of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (D) Conditional Uses and Structures Allowed: The following are allowed as conditional uses within the GC District, except as modified in the West Atlantic Avenue Overlay District by Section 4.4.9(G)(1) and the North Federal Highway Overlay District by Section 4.4,9(G)(2), (1 ) Residential Licensed Service Provider Facilities subject to restrictions set forth in Section 4.3,3(0), (2) Amusement game facilities limited to such uses as pinball, air hockey, electronic games, and other similar coin operated games when an attendant is on duty. (3) Wash establishments or facilities for vehicles, (4) Child Care and Adult Day Care, (5) Clubs and Lodges; social, fraternal, and recreational not exceedinq 3.500 sq, ft. of qross floor area. (6) Drive-in Theaters, (7) Flea Markets, bazaars, merchandise marts, and similar retail uses. (8) Funeral Homes, (9) Gasoline Stations or the dispensing of gasoline directly into vehicles. (10) Hotels and Motels. (11 ) Free-standing multiple-family housing subject to the requirements of the RM District except for setback and height requirements which shall be pursuant to this Section, (12) Recreational establishments such as bowling alleys, gymnasiums, health spas, miniature golf courses, skating rinks. (13) Sales and service of All Terrain Vehicles and personal watercraft (waverunners, jet skis), with no outside display, outside storage or outside service. (14)Vehicle care limited to the changing of oil and filters, and lubrication with no mechanical work or outside storage of vehicles except as a part of a gasoline station. (15)Veterinary Clinics. (16)Group Home, Type 2 and Community Residential Homes, pursuant to restrictions set forth in Section 4.3,3(1). (17) Churches or places of worship. and their attendant Sunday school. recreational and columbarium facilities not exceedinq 3.500 square feet of qross floor area. The foreqoinq does not allow establishment of educational and care uses such as elementary school and qeneral day care. (H) Special Requlations: (1 ) The first ten feet of the front yard setback which is adjacent to a right-of-way shall be a landscaped area, except within the North Federal Highway Area as defined in 4.4.9(F)(2), which is subject to the special landscape setbacks of Section 4.3.4(H)(b), Within the required front landscape area, no paving shall be allowed except for driveways and walkways which shall be generally perpendicular to the property line. (2) Any outdoor display of sporting goods and equipment for rent is subject to the restrictions set forth in Section 4.6.6(C)(3). (3) Astrologists, clairvoyants, fortune tellers, palmists, phrenologists, psychic readers, spiritualists, numerologists and mental healers are limited to the geographical areas along N,E. and S,E. 5th and 6th Avenues (Federal Highway pairs), between S,E. 10th Street and S.E. 3rd Street, and between N.E. 4th Street and N.E. ih Street, and shall be limited to no more than one of each business every three hundred feet (300'), measured in a straight line from lot line to lot line, (4) 24-Hour or late night businesses as defined herein must be processed as a conditional use and are subject to the provisions of Section 4,3.3(W). @ No Clubs and Lodqes (social. fraternal and recreational) or Church or Places of Worship shall be located closer than seven hundred and fifty (750) feet from another such facility measured from lot line to lot line boundary alonq a straiqht airline route. Section 3. That Section 4.4.12, "Planned Commercial" (PC) District", Subsection 4.4,9(H) "Special Regulations" of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (H) Special Requlations: (1 ) Where it is appropriate to limit the type, character, or intensity of use within a PC development, this may be accomplished by affixing the added designation of "S" (Small Scale) to the PC designation (Le. PC-S). In such designated development, the maximum floor area which can be allocated to a single tenant or specific use, singularly or in the aggregate, shall not exceed 60,000 square feet. (e.g. although retail sales may exceed 60,000 sq,ft., the retail sale of home furnishings shall not exceed 60,000 sq.ft,). (2) 24-Hour or late night businesses as defined herein must be processed as a conditional use and are subject to the provisions of Section 4,3,3(W). (3} No Clubs and Lodqes (social. fraternal and recreational) or Church or Places of Worship shall be located closer than seven hundred and fifty (750) feet from another such facility measured from lot line to lot line boundary alonq a straiqht airline route. Section 4. That Section 4.4.13, "Central Business (CBD) District", Subsection 4.4.13(D), "Conditional Uses and Structures Allowed", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the CBD District: (1 ) Adult congregate living facilities. (2) Residential Licensed Service Provider Facilities, subject to restrictions set forth in Section 4.3,3(D), (3) Amusement game facilities limited to such uses as pinball, air hockey, electronic games, and other similar coin operated games when an attendant is on duty, (4) Child care and adult day care. (5) Clubs and lodges; social, fraternal, and recreational. (9.) Financial institutions, e.g" banks and similar institutions including drive through facilities. (Q) Funeral homes including accessory uses, such as, a chapel, crematory, and the like. ill Gasoline stations or the dispensing of gasoline directly into vehicles, except that such use shall not be in the West Atlantic Neighborhood, the Beach District, nor on lots which front along Atlantic Avenue or N,E. 2nd Avenue (a/k/a Pineapple Grove Way), beginning at a point 105' south of N.E. 4th Street. (!1) Recreational establishments such as bowling alleys, gymnasiums, health spas, miniature golf courses, skating rinks. (~) Veterinary clinics, L1Q1 Movie theaters, excluding drive-ins. ~----- ill) Playhouses, dinner theaters, and places of assembly for commercial entertainment purposes (e,g., concerts, live performances), (121 Flea markets, bazaars, merchandise marts, and similar retail uses. (ru Wash establishment, with automatic/mechanical systems only, for vehicles, except that such use shall not be located east of the Intracoastal Waterway or on lots which front along Atlantic Avenue. Further, this use must be established on property with a minimum lot area of 20,000 sq,ft, (14) Multi-family dwelling units, excluding duplexes, at a density greater than thirty (30) units per acre, on property located south of N,E. 2nd Street and north of S,E. 2nd Street, subject to the standards and limitations of Section 4.4,13(I), flli) Group Home, Type 2 and Community Residential Homes, pursuant to restrictions set forth in Section 4,3.3(1). (16) Restaurants, Cocktail Lounges, Hotels, and Residential Type Inns may provide their required parking as valet parking, subject to the provisions of Section 4.6.9(F)(3 ), (17) Drive-in or drive-through restaurants on property located within the West Atlantic Neighborhood. [W) Hotels, motels, bed and breakfast inns, and residential-type inns on property located within the West Atlantic Neighborhood. (19) Free standing or mixed-use residential development at a density greater than twelve (12) units per acre, on property located within the West Atlantic Neighborhood, subject to the standards and limitations of Section 4.4,13(1), Section 4, That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid, Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 6. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of ,200_, ATTEST MAYOR City Clerk First Reading Second Reading -------