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11-06-12 Regular Meeting Agenda
City of Delray Beach Regular Commission Meeting RULES FOR PUBLIC PARTICIPATION Tuesday, November 6, 2012 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order Regular of presentation being as follows: City Staff, public comments, Commission discussion Meeting 6:00 and official action. City Commission meetings are business meetings and the right to p.m. limit discussion rests with the Commission. Generally, remarks by an individual will Public be limited to three minutes or less. The Mayor or presiding officer has discretion to Hearings 7:00 adjust the amount of time allocated. p.m. Delray Beach City Hall A. Public Hearings: Any citizen is entitled to speak on items under this section. B. Comments and Inquiries on Non - Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. C. Regular Agenda and First Reading Items: Public input on agendaed items, other than those that are specifically set for a formal public hearing, shall be allowed when agreed by consensus of the City Commission. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address public hearing or non - agendaed items should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission on an appropriate item. The primary purpose of the sign -in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign -in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. 100 N.W. 1st Avenue Delray Beach, FL 33444 Phone: (561) 243 -7000 Fax: (561) 243 -3774 The City will furnish auxiliary aids and services to afford an individual with a disability an opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Contact Doug Smith at 243 -7010, 24 hours prior to the event in order for the City to accommondate your request. Adaptive listening devices are available for meetings in the Commission Chambers. REGULAR MEETING AGENDA ROLL CALL 2. INVOCATION 3. PLEDGE OF ALLEGIANCE TO THE FLAG A. NONE 4. AGENDA APPROVAL 5. APPROVAL OF MINUTES: A. October 2, 2012 — Regular Meeting 6. PROCLAMATIONS: A. Recognizing and commending Mercer Wenzel B. America Recycles Day —November 15, 2012 7. PRESENTATIONS: A. RESOLUTION NO. 53 -12: Approve Resolution No. 53 -12 recognizing and commending Ray_Colgin for 30 years of dedicated service to the City of Delray Beach. B. Recognizing and commending Delray 21, Saxena & White, P.A., The Related Group and Ocean Properties, Ltd. for their contributions and outstanding work to procure uniforms for the Atlantic Community High School Football Team. C. Presentation of Match Point Trophy to the City of Delray Beach D. S.P.LR.LT. (Service, Performance, Integrity, Responsibility, Innovation, Teamwork) Committee Quarterly Awards Presentation 8. CONSENT AGENDA: City Manager Recommends Approval A. ACCEPTANCE OF A WATER EASEMENT DEED /SOUTH DELRAY SHOPPING CENTER: Approve and accept a water easement deed for South Delray Shopping Center located at 3001 S. Federal Highway. B. ACCEPTANCE OF A WATER UTILITY EASEMENT /ALFIERI- DELRAY BEACH COMMONS, LLC.: Approve acceptance of a water utility easement with Alfieri- Delray Beach Commons, LLC for Spodak Dental Office located at 4665 West Atlantic Avenue. C. SERVICE AUTHORIZATION NO. 12- 01/WANTMAN GROUP, INC.: Approve Service Authorization No. 12 -01 with Wantman Group, Inc. in the amount of $17,987.00 for data collection and analysis as well as a review of the City's Land Development Regulations (LDR) related to drainage requirements. Funding is available from 448 - 5461 -538 -31.30 (Storm Water Utility Fund: Professional Services /Engineering /Architect). D. GRANT AWARD /SOUTH FLORIDA WATER MANAGEMENT DISTRICT (SFWMD): WATER SAVINGS INCENTIVE PROGRAM (WSIP): Accept a grant award for a Water Savings Incentive Program (WSIP) from the South Florida Water Management District (SFWMD) in the amount of $35,945.00 for purchase and installation of automatic water main flushing devices. E. CONTRACT CLOSEOUT (C.O. NO. 1/FINAL)/WEST CONSTRUCTION, INC.: Approve a Contract Closeout (Change Order No. 1/Final) in the amount of a $6,067.95 decrease and final payment in the amount of $10,622.05 to West Construction, Inc. for the completion of the Delray Beach Heights Swales Project. Funding is available from 448 - 5461 -538 -65.41 (Storm Water Utility Fund: Other Improvements /Swale Reconstruction). F. AMENDMENT NO. 2 TO THE INTERLOCAL AGREEMENT /PALM BEACH COUNTY FOR AUBURN AVENUE: Approve Amendment No. 2 to the Interlocal Agreement with Palm Beach County for reimbursement to the City in the amount of $1,000,000.00 for costs associated with improvements along Auburn Avenue. G. AGREEMENT /ACHIEVEMENT CENTERS FOR CHILDREN AND FAMILIES (ACCF): Approve an agreement between the City of Delray Beach and Achievement Centers for Children and Families (ACCF) in the amount of $52,000.00 to carry out services at the Village Academy Beacon Center for FY 2012 -2013. Funding is available from 001 - 4111 -572 -83.01 (General Fund: Other Grants & Aid). H. AGREEMENT FOR PUBLIC ART CONSULTING SERVICES/ PALM BEACH COUNTY: Approve an agreement for Public Art Consulting Services with Palm Beach County at an estimated cost of $25,000.00 plus reimbursable expenses. Funding is available from 115- 1702 -579 -31.90 (Special Projects Fund: Professional Services /Other Professional Services). L MAINTENANCE AGREEMENT /CONTROL COMMUNICATIONS, INC.: Approve a Maintenance Agreement with Control Communications, Inc. in the amount of $26,040.00 for maintenance of the XTS3000 portable radios used by police officers. Funding is available from 001 - 2111 -521 -46.20 (General Fund: Repair & Maintenance Services /Equipment Maintenance). AGREEMENT: DELRAY BEACH MARKETING COOPERATIVE (DBMC) /COMMUNITY REDEVELOPMENT AGENCY (CRA) /GREATER DELRAY BEACH CHAMBER OF COMMERCE: Approve an agreement between the City, Delray Beach Marketing Cooperative (DBMC), Community Redevelopment AlZency (CRA) and the Greater Delray Beach Chamber of Commerce, to make the City the party responsible for entering into contracts for 4th of July activities; and to remove the Downtown Development Authority (DDA). K. TRAFFIC ENFORCEMENT AGREEMENT /CORAL TRACE HOMEOWNERS ASSOCIATION: Approve a Traffic Enforcement Agreement with Coral Trace Homeowners Association to allow the City of Delray Beach Police Department to enforce State and local traffic laws on the private roads of Coral Trace. L. AGREEMENT /ADVANCED PROCESSING & IMAGING (API), INC.: Approve an aureement with Advanced Processing & Ima2in2 (API), Inc. in the amount of $58,782.00 for the purchase of electronic document management software for the Finance Department. Funding is available from 001 - 1511 -513 -66.10 (General Fund: Books /Publications /Software), 441 - 5161 -536 -64.11 (Water & Sewer Fund: Machinery/ Equipment/ Computer Equipment) and 441 - 5161 -536 -66.10 (Water & Sewer Fund: Books /Publications /Software). M. REOUEST FOR PROPOSALS (RFP) /COLLECTION SERVICES FOR PARKING FINES AND AMBULANCE BILLING: Approve the Selection Committee's ranking of responses for collection services for parking fines and ambulance billing; and authorize staff to enter into contract neLyotiations with the ton ranked companv. Penn Credit, Inc. N. SPECIAL EVENT REQUEST /241H-- ANNUAL DOWNTOWN DELRAY FESTIVAL OF THE ARTS: Approve a special event request to endorse the 24th Annual Downtown Delray Festival of the Arts sponsored by Howard Alan Events, Ltd. to be held January 19 -20, 2013 from 10:00 a.m. to 5:00 p.m., to grant a temporary use permit per LDR Section 2.4.6(F) for use of City rights -of -way on Atlantic Avenue from the east side of N.E. /S.E. 6th Avenue to Bronson and for the Gladiola lot (S.E. 6th Avenue) for vendor parking, and to provide staff support for traffic control, security, fire inspection services and to permit an event sign to be erected on Atlantic Avenue just east of I -95 (14) days prior to the event. The event sponsor will pay all City costs, estimated at $9,911.00. O. SPECIAL EVENT REOUEST /TREE LIGHTING AND ON THE AVENUE: Approve a special event request to endorse the Tree Lighting and On the Avenue to be held on November 29, 2012 from 5:00 p.m. to 10:30 p.m., to grant a temporary use Dermit Der LDR Section 2.4.6(F) for the closure of Atlantic Avenue from Swinton to N.E. /S.E. 7th Avenue, and to the alley north of Atlantic Avenue on N.E. 18 and 211d Avenues, Railroad Way, and N.E. 4th Avenue and from Atlantic to the alley south on S.E. 1St, S.E. 2"—d, S.E. 3rd and S.E. 4th Avenues; to authorize staff suDDort for securitv. traffic control. banner hanLyinLy and removal. barricade set uD and removal, trash removal, clean up, EMS assistance, fire inspection services and use of the large Citv stage. The event sponsor will nav an estimated total of $3,685.00, which is half the cost for On the Avenue. P. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period October 15, 2012 throuMh November 2, 2012. Q. AWARD OF BIDS AND CONTRACTS: 1. Contract award to The Dumont Company, Inc. at an annual estimated cost of $48,000.00 for the purchase and delivery of Hydrofluorosilicic Acid. Funding is available from 441 - 5122 -536 -52.21 (Water & Sewer Fund: Operating Supplies /Chemicals). 2. Contract award to Foster Marine Contractors, Inc., the lowest responsive bidder, in the amount of $84,445.00 for the construction of roadside swales along NW 7th and 12th Streets and NW 3rd and 5th Avenues in the Lake Ida Neighborhood. Funding is available from 448 - 5461 -538 -46.43 (Storm Water Utility Fund: Repair & Maintenance Services /Drainage Swales). 3. Contract award to Transmap Corporation in the amount of $53,912.08 for the Pavement Assessment Project. Funding is available from 334 - 3162 -541 -61.17 (General Construction Fund: Capital Outlay /Street Reconstruction (I)). 4. Contract award to Unifirst Corporation at an annual estimated amount of $291,000.00 for uniform rental and flat supply services via City of Boca Raton RFP No. 2010 -034. Funding is available from multiple departments. 5. Contract award to ConSery Building Services in the amount of $47,500.00 for the replacement of a2in� mechanical components of the City Hall chiller system which provides air conditioning to portions of the facility. Funding is available from 334 - 6112 -519 -64.90 (General Construction Fund: Machinery /Equipment /Other Machinery /Equipment). 6. Purchase award for fence replacement for Pompey Park Fields #1, 2 and 3; fencing for backstop canopy at Field #1, and fencing around two batting cages. Funding is available from 334 - 4127 -572 -46.15 (General Construction Fund: Repair & Maintenance Services/ Improvements -Other Repair & Maintenance). 9. COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS FROM THE PUBLIC - IMMEDIATELY FOLLOWING CONSENT AGENDA: A. City Manager's response to prior public comments and inquiries. B. From the Public. 10. REGULAR AGENDA: A. WAIVER REQUESTS /LIZ BUILDING RENOVATIONS: Consider approval of waiver requests to Land Development Regulations (LDR) Section 4.4.13(F)(4)(a) (2), "Front Setbacks ", which requires a 5' minimum setback along Federal Highway, Section 4.4.13(F)(1)(a), "Height ", which requires a minimum building height of 25' and Section 4.6.18(B)(14)(iv)(2), "Windows and Doors ", which requires a minimum window transparency or glass area of 75% on the ground floor for the Liz Building Renovations, located at 445 East Atlantic Avenue. (Quasi- Judicial Hearing) B. CONDITIONAL USE REQUEST /JOURDAN'S BRIDGE CLUB: Consider approval of a conditional use requestto allow the establishment of an indoor recreational establishment that will occupy a 6,000 sq. ft, tenant bay within the Delray Town Center Shopping Center (Phase I) for Jourdan's Bridge Club, located at the northeast corner of Linton Boulevard and Military Trail. (Quasi- Judicial Hearing) C. APPOINTMENT TO THE PUBLIC ART ADVISORY BOARD: Appoint one (1 regular member to the Public Art Advisory Board to serve an unexpired term ending July 31, 2013. Based upon the rotation system, the appointment will be made by Commissioner Carney (Seat #1). 11. PUBLIC HEARINGS: A. ORDINANCE NO. 40 -12 (SECOND READING /SECOND PUBLIC HEARING): Consider a city- initiated amendment to the Land Development Regulations (LDR) Section 4.3.3 (ZZZ), "Transient Residential Use ", in order to clarify prohibitions, exemptions /exceptions, waivers, and penalties; and amending Appendix "A ", "Definitions ", in order to amend the definition of "Transient Residential Use" and amending Subsection 4.4.6(b), "Principal Uses and Structures Permitted ". to remove transient residential use as a principal use. B. ORDINANCE NO. 41 -12 (FIRST READING /FIRST PUBLIC HEARING): Consider a privately- initiated rezoning request from POC (Planned Office Center) to SAD (Special Activities District) for Delray Place, located at 1801 and 1845 South Federal Highway. If passed, a second public hearing will be held on December 11, 2012. 12. FIRST READINGS: A. ORDINANCE NO. 31 -12: Consider a city- initiated amendment to Chapter 117, "Landlord Permits ", of the Code of Ordinances, by amending Section 117.01, "Permit Required ", to remove the reference to the rental payment amount. If passed, a public hearing will be held on November 20, 2012. 13. COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS: A. City Manager B. City Attorney C. City Commission OCTOBER 2, 2012 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Nelson S. McDuffie in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, October 2, 2012. 1. Roll call showed: Present- Commissioner Thomas F. Carney, Jr. Commissioner Alson Jacquet Commissioner Adam Frankel Commissioner Angeleta E. Gray Mayor Nelson S. McDuffie Absent - None Also present were - David T. Harden, City Manager Brian Shutt, City Attorney Chevelle D. Nubin, City Clerk 2. The opening prayer was delivered by Reverend Nancy Norman with Unity of Delray Beach. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. Mayor McDuffie requested that Item 8.D., Reject All Bids for Pompey Park Landscape Maintenance Annual Contract, be removed from the Consent Agenda and moved to the Regular Agenda as Item 9.A.A. and Item 8.G., Administrative Policy Re2ardin2 Hiring of Tobacco Users be removed from Consent Agenda and moved to the Regular Agenda as Item 9.A.A.A. Mr. Frankel moved to approve the Agenda as amended, seconded by Mr. Carney. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes. Said motion passed with a 4 to 0 vote. 5. APPROVAL OF MINUTES: Mr. Frankel moved to approve the Minutes of the Workshop Meeting of August 14, 2012, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes; Mr. Frankel — Yes. Said motion passed with a 4 to vote. 10/02/12 Mrs. Gray moved to approve the Minutes of the Workshop Meeting of August 17, 2012, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mayor McDuffie — Yes; Mr. Carney — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion passed with a 4 to 0 vote. Mr. Frankel moved to approve the Minutes of the Workshop Meeting of August 23, 2012, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Carney — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes. Said motion passed with a 4 to 0 vote. Mrs. Gray moved to approve the Minutes of the Workshop Meeting of August 28, 2012, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes. Said motion passed with a 4 to 0 vote. Mrs. Gray moved to approve the Minutes of the Regular Meeting of September 4, 2012, seconded by Mr. Carney — Yes. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes; Mr. Frankel — Yes. Said motion passed with a 4 to 0 vote. At this point, the time being 6:06 p.m., Commissioner Jacquet arrived to the meeting. 6. PROCLAMATIONS: 6.A. None 7. PRESENTATIONS: 7.A. Artist Alley Project — Pineapple Grove Arts District Gene Fischer introduced Shirley Talbert and stated she will give a presentation on the Artist Alley which is located on the northeast quadrant of Pineapple Grove. Shirley Talbert, 109 N.E. 8m Street, Delray Beach, FL 33483, gave a brief PowerPoint presentation of the current conditions on Artist Alley, the recommendations for improvement, and how the City can help. 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. COASTAL PLANNING & ENGINEERING INC. /2012 BEACH RENOURISHMENT PROJECT SCOPE OF SERVICES: Approve the Scope of Services for Coastal Planning & Engineering, Inc., in an amount not to exceed $344,721.00 for pre - construction and post - construction administration associated with the 2012 Beach Renourishment Project. Funding is available from 332 - 4164 -572 -31.30 (Beach Restoration Fund/Engineering/Architect). 2 10/02/12 8.B. BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND: SOVEREIGNTY SUBMERGED LANDS EASEMENT DEED: Approve a Sovereignty Submerged Lands Easement Deed with the Board of Trustees of the Internal Improvement Trust Fund associated with the 2012 Beach Renouri shment Project. 8.C. RESOLUTION NO. 52 -12: Approve Resolution No. 52 -12 assessing costs for abatement action required to remove nuisances on 34 properties throughout the City of Delray Beach. The caption of Resolution No. 52 -12 is as follows: RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS. (The official copy of Resolution No. 52 -12 is on file in the City Clerk's office.) 8.D. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A. 8.E. CONFIRMATION AND MEMORANDUM OF LEASE /SBA MONARCH TOWERS II, LLC: Approve a Confirmation and Memorandum of Lease with SBA Monarch Towers II, LLC. with respect to the cellular phone tower located at 4321 Lake Ida Road. 8.F. HOUSING REHABILITATION GRANT /CONTRACT AWARD: Award one (1) Housing Rehabilitation contract through the Neighborhood Stabilization Program (NSP) to the lowest responsive bidder, CJ Contracting, LLC. for 703 Place Chateau in the amount of $46,083.45. Funding is available from 118 -1935- 554 -62.12 (Neighborhood Services: Capital Outlay /Acquisition Rehabilitation). 3 10/02/12 8.G. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A.A. 8.11. INTERLOCAL AGREEMENT /COMMUNITY REDEVELOPMENT AGENCY (CRA) /SPONSORSHIP OF TENNIS TOURNAMENTS: Approve an Interlocal Agreement with the Community Redevelopment Agency (CRA) for sponsorship of City tennis tournaments for FY 2012 -2013. 8.I. SPECIAL EVENT REQUEST/HOLIDAY PAGEANT PARADE: Approve a special event request to endorse the Annual Holiday Pageant Parade co- sponsored by the Parks and Recreation Department and the Chamber of Commerce to be held on December 8, 2012 from approximately 6:00 p.m. to 9:00 p.m., grant a temporary use permit per LDR Section 2.4.6(F) for the closure and use of Atlantic Avenue from A- 1 -A to N.W. 5th Avenue for the parade route and set up from approximately 4:00 p.m. to 6:00 p.m., and approve staff support for traffic control, security, EMS assistance, barricading, trash removal, clean up, and event signage. 8_J. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period September 17, 2012 through September 28, 2012. 8.K AWARD OF BIDS AND CONTRACTS: 1. Bid award to Atlantic Refrigeration in the estimated amount of $27,620.00 for the annual repair and service of the City's HVAC Units. Funding is available from various departments as needed. Mr. Frankel moved to approve the Consent Agenda as amended, seconded by Mr. Carney. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes. Said motion passed with a 4 to 0 vote. At this point, the time being 6:21 p.m., the Commission moved to Item 11, Comments and Inquiries on Non - Agenda Items from the Public. 11.11. From the Public. 11.11.1. Marylou Zambrano, 505 Ibis Drive, Delray Beach, FL 33444 (Tropic Palms ), stated her family has lived here for 22 years and have used the Delray Swim and Tennis Club pool constantly. Ms. Zambrano stated when the pool was opened the second time they did a beautiful job and the landscaping is beautiful. She stated if the City were to close the pool not only would families lose a good thing but it would be an eyesore. Ms. Zambrano commended the lifeguards and urged the City to let the pool remain open. 11.11.2. Steve Blum, Antilles Homeowners' Association, 115 Venetian Drive Unit "C ", Delray Beach, FL 33483, stated with the pool closing maybe there are 100 4 10/02/12 reasons why people feel the pool should be left open but there is 60,000 people who live in Delray Beach that should not have to pay for it. 1LB.3. Ingrid Botero, 1353 Gallinule Drive, Delray Beach, FL 33444 (Tropic Palms ), stated the reason the pool should remain open is because her children and other children in the neighborhood learn to swim and not drown. Ms. Botero stated the coaches are exceptional, the pool is impeccable, and it always feels like you are at home. She stated there are services throughout the city that not everyone uses and yet everyone still pays for it. Ms. Botero suggested that for more people to know more about the pool is sponsor events as like with the other pools (i.e. use pool birthday parties) to help provide revenue. She stated instead of closing the pool down there may be other areas that can be cut and urged the Commission to keep in mind what service this provides for her family. 1LB.4. Edward Walters, 2361 Jaeger Drive #6 -B, Delray Beach, FL 33444, asked other than posted information about the pool on the City's website (Parks and Recreation) has the City done anything to promote use of the pool. Mr. Walters stated if the pool is not generating enough revenue one solution would be to do more to promote the use of the pool. He stated the pool is generating revenue with them because his son has taken two sessions of swimming lessons. He commended the lifeguards who work at the pool and stated they are good at teaching swimming, professional, and qualified. Mr. Walters urged the Commission to keep the pool open. 1LB.5. Celine Zambrano, Tropic Palms, urged the Commission to leave the pool open because she learned to swim there. 1LB.6. Gerard Smith, Aquatics Operations Supervisor for both pool sites, asked if the pool will be closed short-term because of budget crunches it is still going to cost the City just as much money to maintain the pool until it can be reopened; if the pool will be closed long -term the effect to the aquatics department of Parks and Recreation is going to be very hard. Mr. Smith stated that site helps break down some of the services we are doing in the community. He stated one of their newly staff members will lose her job as a result and noted that she has accomplished great things over the last 60 days she has been employed. Mr. Smith urged the Commission to review the budget again and reiterated that the City will still have to spend money to maintain it and keep it up to par for public safety. 1LB.7. Renee Sonic, stated her two five year old children have been taking swimming lessons at the Delray Swim and Tennis Club pool and it is very difficult to schedule an appointment at Pompey Park pool because it is always fully booked with swim lessons. Ms. Sonic stated the Delray Swim and Tennis Club pool makes a more flexible scheduled for people like her who have children that are young in age and when they get out of school. She stated the Pompey Park pool is also swamped full of kids getting out after school and there is no time for swim lessons. Ms. Sonic reiterated that the Delray Swim and Tennis Club allow more flexibility with swim lessons and she also lives within the current distance of Tropic Palms so it is very convenient for her family. 5 10/02/12 She also expressed concern over safety issues with the Pompey Park pool Ms. Sonic stated she is not happy with having to park her car into the other facility and walk the children across the area to get into the pool. She stated the little lot by the tennis courts is always packed double spaced park and people park along the sides of the street that is very unsafe for the children too. Ms. Sonic stated the Pompey Park pool is not a good substitute and she urged the Commission to keep the other pool open. 11.B.8. Marilyn Soto, 950 Lavers Circle, Delray Beach, FL 33444, stated she is in walking distance of the pool and has owned her condo for 7 years but she did not learn of the pools availability for her use and water aerobics until last year by word of mouth. Ms. Soto stated according to an article in the Sun - Sentinel that the City spent $570,000 on acquiring the pool, the building, and 24 tennis courts. She stated it is a wonderful facility and the City spent another $400,000 on improvements. Ms. Soto stated there are many programs in the area that could utilize the pool and nothing has been done with that. She stated since learning of the pool closing she has been investigating where other programs are that offer water aerobics and although there are not too many out there the ones that she is finding charge a lot more money. Ms. Soto stated she paid $1.06 for each session and believes the minimum charge could be at least $3.00 or more per session. She stated there is a true health benefit in continuing to offer the pool in this particular area. Ms. Soto agrees that participation is low; however, she feels with the marketing efforts that Delray Beach is so good at, there is a huge potential in the asset that Delray Beach owns. 1LB.9. Connie Walters, 2361 Jaeger Drive #6 -B, Delray Beach, FL 33444, stated the leading cause of deaths for children under the age of 5 in Florida is drowning's and the City is closing a pool that promotes water safety and swimming lessons that are affordable for women and children. Ms. Walters suggested that the City re- energize itself with a Public Awareness Campaign on water safety in Delray Beach. She stated she attends "mommy and me" classes at the library, etc. and offered to help. Ms. Walters urged the Commission to help bring that sad statistic down in Delray Beach. 11.B.10. Debra Giney, resident of Tropic Palms, stated her grandchildren are learning how to swim at this pool. She stated she cannot believe that with a little promotion we can get more use out of the pool and asked the Commission to reconsider their decision to close this valuable resource in the city. 11.B.11. Eric Husky, resident of Tropic Palms, stated Tropic Palms is right next to complex where the pool is and he lived there for 11 years and lived in the neighborhood 6 or 7 years before he knew the pool existed and can walk to the pool. Mr. Husky reiterated many people are not aware of the existence of the pool and there is a lot of potential for more use of the pool if people are made aware of its existence. He stated if the pool were promoted more it would be used a lot more. 1 LB. 12. John (last name unknown), resident of Tropic Palms for over 20 years, stated his daughter learned to swim at the pool, they have had birthday parties there, and the pool is a tremendous resource for the community. He stated there is so 6 10/02/12 much potential for the pool to be used by even a larger portion of the population with a little bit of awareness for people that live within the community as well as those communities that are nearby. 11.11.13. Unidentified Female, echoed comments of some of the previous speakers and stated there is a big senior population and winter population that use the pool. She stated the winter population did not get to speak because they are not here yet and noted that the pool is very valuable asset to the city. 11.11.14. Dr. Victor Kirson, D.D.S., 2050 Alta Meadows Lane #2110, Delray Beach, FL 33444 (President of the Board of Directors of Tierra Verde at Delray Beach and Member of the Alliance), stated when this was discussed it was looked at as a line item in an accountant's ledger and now the decision is affecting a lot of children. Dr. Kirson requested that the Commission reopen the issue and come up with a better conclusion. 11.11.15. David Charles Faustin, 10175 Camino Del Dios, Delray Beach, FL 33446 (continued his remarks from March 6, 2012, April 3, 2012, May 1, 2012, June 5, 2012, and September 20, 2012 meetings), stated he stands before the Commission in defense of liberty, the rule of law, and the United States Constitution. Mr. Faustin read a brief statement into the record. 11.11.16. Pauline Moody, 609 S.W. 8th Avenue, Delray Beach, FL 33444, expressed concern over the closing of the pool and asked if the City will be closing the Pompey Park pool as well. Ms. Moody inquired as to why the City would shut the Delray Swim and Tennis Club pool down after they just purchased it. Ms. Moody stated the people who live around this pool on Linton Boulevard in this development the price they pay (i.e. HOA fees and /or monthly or yearly maintenance fee) for their development should be included into keeping up the pool. She stated it does not make sense to close one pool and not the other pool. At this point, the time being 6:50 p.m., the Commission moved back to Item 9.A.A. (formerly Item 8.D.) of the Regular Agenda. 9. REGULAR AGENDA: 9.A.A. REJECT ALL BIDS FOR POMPEY PARK LANDSCAPE MAINTENANCE ANNUAL CONTRACT: Approval to reject all bids, Landscape Maintenance Annual Contract at Pompey Park's three (3) baseball fields due to incorrect specifications, and proceed with re- advertising the project for bid. Linda Karch, Director of Parks and Recreation, stated this item is for approval to reject all bids for landscape maintenance of Pompey Park Baseball Fields Annual Contract due to incorrect bid specifications. Mrs. Karch stated the mowing frequencies stated on the bid were incorrect. The correct statement should read: "Grass shall be mowed weekly, two (2) times per week, April through November, and one (1) time per week from December through March. Only Reel -type mowers shall be used." 7 10/02/12 Mrs. Gray stated she understands the wording is incorrect; however, she expressed concern that the City has sent out a Request for Proposal and now we are saying that we are not going to follow through with it because of our error. Mrs. Gray asked if there is a way to send it back out to bid. The City Attorney stated the Commission has the right to waive minor irregularities in bid specs or in bid responses; however, he expressed concern that what the City sent out was incorrect. The City Attorney stated the fairest way to do this is to re -bid it with the correct specs. Mr. Frankel concurs with comments expressed by the City Manager and the City Attorney. Mr. Jacquet stated he sees issue from both sides and noted this is a significant difference and it is unfair to proceed with this description. the City's side. Mr. Carney asked if there is a streamline process since this was an error on Brief discussion between the City Attorney and the Commission followed. Mr. Jacquet stated he agrees with the City Attorney but at the same time when the City puts out these requests and people put a bid out we need to be mindful how much time and money it is taking them and that we do not penalize hard working business people in the community because of our mistakes. However, Mr. Jacquet stated he agrees that if this was not a significant cost or a lot of time lost and it is a substantial change in the description then he agrees that we should put it out to bid again. The City Manager stated in this instance work that is required to put the bid together has been done so all that needs to be done to amend their bid or submit a new bid is to take into account that for a certain portion of the year it is twice a week instead of once a week. Mr. Frankel moved to reject bids and proceed with re- advertising seconded by Mr. Jacquet. Upon roll call the Commission voted as follows: Mayor McDuffie — Yes; Mr. Carney — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion passed with a 5 to 0 vote. 9.A.A.A. HOUSING REHABILITATION GRANT /CONTRACT AWARD: Award one (1) Housing Rehabilitation contract through the Neighborhood Stabilization Program (NSP) to the lowest responsive bidder, CJ Contracting, LLC for 703 Place Chateau in the amount of $46,083.45. Funding is available from 118 -1935- 554 -62.12 (Neighborhood Services: Capital Outlay /Acquisition Rehabilitation). The City Attorney commented about the revised version in front of the Commission and stated staff had discussion today with outside counsel in getting their input as well. The City Attorney stated they made a few minor revisions to the language that had been on the agenda paragraph 15, #2 where it refers to "smoking" and this was 8 10/02/12 changed to "tobacco products" and clarified under the procedures in PER. 15.2 Procedures — to clarify that the time that the City would be doing the actual medical screening would just be pre - employment not on an ongoing basis. Bruce Koeser, Human Resources Director, stated on July 5, 2012, the City Commission requested that staff create an administrative policy for limiting hiring to non -users of tobacco and would impact new hires only. Mr. Koeser stated the proposal is for new hires that start if approved this evening effective whenever the Commission wishes to do and thereafter. Mr. Koeser stated after a pre - employment nicotine test they would ask that employees reaffirm their commitment to no nicotine use through an affidavit on an annual basis. He stated staff believes that overtime create a healthier workplace, cut costs, and reduce expenses over long -term. Mr. Koeser stated the City currently has a smoke -free policy for Fire and a general order for Police which prohibits smoking on the job. Mrs. Gray stated she is not in favor of this policy and feels it is a form of discrimination. She stated it eliminates some talented people when it is time to select some of that talent from the work pool. Mr. Jacquet stated the Courts have spoken on this issue that it is clearly not a discrimination issue against someone's lifestyle. He stated the primary concern for the City is the cost. Mr. Jacquet stated healthcare is one of the largest costs that families face most of the time and the issues the City is dealing with regarding sustaining the budget and making sure that we can make responsible and sustainable decisions to carry us into the future he believes this is a wise and bold policy. Mr. Jacquet stated this is a decision that is going to save the City money every year because the City is self - insured so the cost is on the City. Mr. Jacquet stated he supports this. Mr. Carney asked if there is a measurable figure that smokers lose more work than non - smokers. Mr. Koeser stated Mr. Carney is correct. Mr. Jacquet stated he believes the stats say smokers tend to miss more work, take more time off, and take more breaks. He stated it has nothing to do with the act of smoking itself but it is the collateral. The City Attorney stated if this is passed this will be applicable to civil service employees if they go with the date on the Administrative Policy which is October 3, 2012; for union employees staff might have to have discussions and /or consultations with them. Mr. Frankel stated he respects Mrs. Gray's opinion. However, Mr. Frankel stated he believes this saves people's lives, he does not find it discriminatory, and for all the reasons he previously stated at the Workshop he supports this. Mayor McDuffie clarified that the City charges smokers more for their healthcare insurance than non - smokers. Mr. Koeser stated the City charges smokers 20% 9 10/02/12 more for their premiums than non - smokers. Mayor McDuffie stated he detests smoking but he has a problem with legislating things with what people do at home. Mr. Jacquet moved to approve Item 9.A.A.A. (formerly Item 8.G.), seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Carney — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — No; Mayor McDuffie — No. Said motion passed with a 3 to 2 vote, Commissioner Gray and Mayor McDuffie dissenting. 9.A. REQUEST FOR PARKING FEES WAIVER/THE ACHIEVEMENT CENTER FOR CHILDREN & FAMILIES: Consider a request to waive parking fees for 30 -40 spaces at Old School Square Garage for the Achievement Center to support a fundraiser being held at the Hyatt Hotel on October 4, 2012. Scott Aronson, Parking Management Specialist, stated the Achievement Center for Children and Families of Delray Beach is having their new fundraiser at the Hyatt Hotel on Thursday, October 4, 2012. Mr. Aronson stated Ameristar is volunteering their services for valet parking for the event at the hotel. He stated there is concern that the parking at the hotel will not accommodate the number of guests that are arriving. Mr. Aronson stated they are not able to use the indoor parking lot for liability purposes and they do not want to mix self - parking with the valet parked cars. He stated they will be utilizing the upper levels of the parking garage which is where they will be parked. Staff supports the waiver. Mr. Jacquet clarified that this will be a one day event from 4:00 p.m. to midnight. Mr. Frankel moved to approve the request to waive parking fees for 30 -40 spaces at Old School Square Parking Garage for overflow parking related to the Achievement Center for Children and Families of Delray Beach fundraiser being held at the Hyatt Hotel on October 4, 2012, seconded by Mr. Carney. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:00 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. 10. PUBLIC HEARINGS: A. None 9.11. SPECIAL EVENT REQUEST /45TH ANNUAL ST. PATRICK'S DAY PARADE AND PARTY: Consider approval of a special event request for the 45th Annual St. Patrick's Day Parade and Party on Saturday, March 16, 2013, beginning with setup at 11:30 a.m., parade starting at 2:00 p.m. and ending at approximately 4:00 p.m., and an event at Delray Center for the Arts from 11:00 a.m. to 7:00 p.m., plus a 10 10/02/12 Friday night party on the pavilion grounds at Delray Beach Center for the Arts from 5:00 p.m. to 11:00 p.m.; to grant a temporary use permit per LDR Section 2.4.6(F) for the use of Atlantic Avenue from A -1 -A to N.W. 5th Avenue for the parade, Atlantic Avenue from A -1 -A to the bridge, with overflow on East Drive to Lowry Street, and Gleason Street for staging of parade entries; that Atlantic Avenue from E. 5th Avenue to Swinton be closed until 6:00 p.m.; and to approve staff support for traffic control and security, barricading, EMS assistance, use of the small stage and to allow event signage starting on March 2, 2013, and authorize this to be the only approved event on these dates; contingent upon receipt of the Certificate of Liability Insurance and Alcohol Liability Insurance and a copy of a Temporary Liquor License. The event sponsor will be required to pay 100% of all costs plus a 5% administrative fee. Nancy Stewart- Franczak, Event Sponsor, showed a video of the St. Patrick's Day Parade. Robert A. Barcinski, Assistant City Manager, stated this is a request for the Commission to approve the 45th Annual St. Patrick's Day Parade and parties on Sunday, March 16, 2013 from 2:00 -4:00 p.m. with setup at 11:30 a.m. east of the Intracoastal. Mr. Barcinski stated the parade will go from that end to N.W. 5th Avenue. He stated this also includes the 16th Saturday party that has been held the last couple of years on the front grounds of Old School Square. In addition, Mr. Barcinski stated the event producer is requesting the use of the Delray Beach Center for the Arts front lawn from 5:00 p.m. to 11:00 p.m. He stated all the required permit information is included. He stated the reason for the Friday night is to try to avoid the problems that have occurred over the last two years with pub crawls and this created concerns downtown. Mr. Barcinski stated the estimated cost for the event is estimated at $21,325.00 paid by the event producer including the 5% administrative fee. Staff recommends approval of the request contingent on the receipt of the following: (1) Certificate of Liability Insurance and Alcohol Liability Insurance by March 2, 2013, and (2) a copy of a temporary liquor license by March 2, 2013. Mr. Jacquet stated he had the opportunity of attending last year and got to ride on one of the fire engines with a County Commissioner and Congressman from around the area. He stated the event was so well handled because there was so much trash and afterwards everything was cleaned immediately. Mr. Jacquet stated he was very impressed about that and the way that people came from all over the world to come to Delray Beach so he is very much in support of this event. Mr. Jacquet asked what the cost will be to the City. Mr. Barcinski stated the cost of the event is $21,325.00 paid for by the event producer. Mr. Frankel stated he heard some complaints that this has turned into a big fire truck parade and it used to be a nice variety of students, merchants, etc. He stated it is one of the premiere events and it brings down a large amount of people to the city. Mr. Frankel echoed comments expressed by Commissioner Jacquet about the cleanliness of the city and he commended the Police Department on handling the amount of people and drinking on the streets with a few minor incidences. 11 10/02/12 Mr. Carney stated it would be great to see more of the local merchants in the parade. Mayor McDuffie asked if the entrants pay a fee. Ms. Stewart- Franczak stated people that have floats pay to be in the parade; they have to pay people that are marching such as bands and the firefighters do not pay. She stated they started with the firefighters because it added a greater attraction because they are traveling from all over the world and they have travel costs, etc. Ms. Stewart- Franczak stated they get sponsors to do little parties and noted she had nothing to do with the "flash mob" parade last year. She stated the reason they displayed the video is because there are a couple of restaurants that are looking to financially cover the increased city costs for them if they are granted an extended liquor license to have after parties for the parade. Ms. Stewart- Franczak stated they receive no support from the restaurants or the bars. Mr. Carney moved to approve the Special Event Request for the 45th Annual St. Patrick's Day Parade and Party on March 16, 2013, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes; Mr. Jacquet — Yes. Said motion passed with a 5 to 0 vote. 9.C. VISIONS 2020 PROCESS AND RATIFICATION OF THE STEERING COMMITTEE: Provide direction regarding the Visions 2020 process and ratification of the Steering Committee, including the appointment of a Commission representative. Al Berg, Assistant Director of Community Improvement, stated the City Commission has elected to initiate Visions 2020 using the American Assembly process. This process is designed to bring together a cross - section of key players in the community to discuss major issues of concern to public officials. Staff requests direction from the Commission. Mr. Frankel stated the Commission was given the memo and a few of the Commissioners gave a couple recommendations and asked why the City Commission was not consulted on their selections to this. The City Manager stated in the past it has been outside the City Commission. Mr. Jacquet suggested that each Commissioner appoint an individual and come back with their own list instead of being given a list of names to where they decide to ratify them or not because he believes it is more efficient that way. Mr. Carney asked when this is scheduled to take place. The City Manager stated this will take place in March 2013. Mr. Carney stated it seems that the Commission has the opportunity to ask the community to ask those who are interested and then from that list they can add or subtract names and put forth their own list. 12 10/02/12 The City Manager stated the list of names has varied from 13 -19 and suggested that each Commissioner submit no more than three (3) names if they choose to do it that way. Brief discussion by the Commission followed. Mayor McDuffie asked if a Chair has been selected. In response, the City Manager stated the Visions 2020 Steering Committee will choose the Chair. It was the consensus of the Commission that each Commissioner bring back three (3) names and this will come back on the Commission meeting of October 16, 2012 and the City Commission will submit their names to the City Clerk by October 10, 2012 and appoint Commissioner Carney as the Commission representative. At this point, Commissioner Gray left the dais. 9.D. REQUEST FOR PROPOSALS (RFP)/EMPLOYEE HEALTH AND WELLNESS CENTER: Consider approval of the Selection Committee's ranking of responses for the Employee Health and Wellness Center; and authorize staff to enter into contract negotiations with the top ranked company, Concentra Health Services, Inc. Bruce Koeser, Human Resources Director, stated the City's current provider for the Employee Health and Wellness Center (Care Here) will have their contract with the City expiring on December 31, 2012. Mr. Koeser proposes staying in the same facility and provide essentially the same services but with a different provider. He stated the City put out an RFP and received five (5) responses and staff believes the best choice to replace CareHere is an organization called Concentra Health Services, Inc. Mr. Koeser stated the City will save between $50,000 and $100,000 per calendar year. He stated Concentra Health Services, Inc. has much better reporting capabilities than CareHere. Mr. Koeser stated he could not get solid Return On Investment (ROI) reporting from CareHere so he could not justify to the City Commission how the City was doing there. Mr. Koeser stated Concentra Health Services, Inc. is much stronger in the management end of things and they currently operate in 278 medical centers both private and publicly owned. Staff requests approval to proceed with negotiations with Concentra Health Services, Inc. Mr. Jacquet asked who is on the selection committee. Mr. Koeser stated the Selection Committee is made up of Pat Lewandowski, Benefits Manager, Don Titcomb from Gallagher Benefit Services (City's Insurance Broker), and himself Mr. Koeser clarified that CareHere did not bid. Mr. Frankel stated he feels the Wellness Center is one of the best things that was established in the City. staff members. Mr. Koeser stated the City hopes that they can retain at least 3 out of the 4 13 10/02/12 Brief discussion followed by Mayor McDuffie and Mr. Koeser. Mr. Frankel move to approve the Selection Committee's ranking of responses for the Employee Health and Wellness Center and authorize staff to enter into contract negotiations with the top ranked company Concentra Health Services, Inc., seconded by Mr. Carney. Upon roll call the Commission voted as follows: Mayor McDuffie — Yes; Mr. Carney — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes. Said motion passed with a 4 to 0 vote. At this point, Commissioner Gray returned to the dais. 9.E. RESOLUTION NO. 51 -12: Consider Resolution No. 51 -12 to not support Amendment 4 to the Florida Constitution which, if adopted, would create additional inequities in Florida's tax system by granting certain tax breaks to some taxpayers at the expense of other taxpayers. The caption of Resolution No. 51 -12 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA CONCERNING AMENDMENT 4 TO THE FLORIDA CONSTITUTION WHICH, IF ADOPTED, WOULD CREATED ADDITIONAL INEQUITIES IN FLORIDA'S TAX SYSTEM BY GRANTING CERTAIN TAX BREAKS TO SOME TAXPAYERS AT THE EXPENSE OF OTHER TAXPAYERS. (The copy of Resolution No. 51 -12 is on file in the City Clerk's office.) The City Manager stated he feels the property tax system in Florida is complicated and inequitable already and this would make it worse. He stated by reducing the cap on non - residential increases from 10% to 5% over a period of time you are going to develop the same kind of inequities you now have with residents. The City Manager stated a new business coming in and starting up or expanding will be at a competitive disadvantage to long -term businesses because the long -term businesses have their taxes capped and the new guy is paying the full rate. The City Manager stated the break for first -time homebuyers sounded great on the surface until you see how it is defined and a first -time homebuyer is defined as "anyone who has not had a homestead exemption within the last three years." He stated somebody who sells a house up north and moves to Florida is treated as a first -time homebuyer and gets a big tax break. The City Manager stated you get up to half of the average value throughout the County plus the normal homestead exemption on top of it. The City Manager stated one of the urban counties was used as an example by the Florida League of Cities and it would be $150,000 plus another $50,000 on top of that so it would be a $200,000 homestead exemption and it reduces 20% over the next five years. The City Manager stated when Gary Nikolits spoke about these amendments he feels that he made a very good point that 14 10/02/12 every exemption you approve does not benefit you directly because it increases your tax burden. The City Manager urged the Commission to adopt the resolution and noted the resolution does not say that the Commission opposes it but it urges voters to take a careful look at it so that they are informed about the issue when they vote. Mayor McDuffie stated he has been through Amendment 10, Amendment 1, and now looking at Amendment 4. He stated there are three cities in Palm Beach County that looking at this amendment have said within a certain timeframe if this passes they will file Chapter 11. Mayor McDuffie stated the item is to consider a resolution not to support Amendment 4 to the Florida Constitution which if adopted would create additional inequities in Florida's tax system by granting certain tax breaks to some taxpayers at the expense of others. Mr. Frankel moved to approve Resolution No. 51 -12, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor McDuffie — Yes; Mr. Carney — No; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion passed with a 4 to 1 vote, Commissioner Carney dissenting. 1LA. City Manager's response to prior public comments and inquiries. The City Manager had no comments or inquiries on non - agenda items. At this point, the time being 7:51 p.m., the Commission moved to Item 12, First Readings. 12. FIRST READINGS: 12.A. ORDINANCE NO. 32 -12: Consider a city- initiated amendment to Land Development Regulations (LDR) Section 4.6.9(E)(3), "In -Lieu Fee ", to reduce the in -lieu fee amount from $15,600.00 to $7,800.00 for those properties within the Old School Square Historic Arts District (OSSHAD) located south of the east -west alleyway within Block 69. If passed, a public hearing will be held on October 16, 2012. The caption of Ordinance No. 32 -12 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ARTICLE 4.6, "SUPPLEMENTAL DISTRICT REGULATIONS ", SECTION 4.6.9, "OFF - STREET PARKING REGULATIONS ", SUBSECTION (E), "LOCATION OF PARKING SPACES ", TO REVISE THE IN -LIEU OF PARKING FEE APPLIED TO THOSE PROPERTIES WITHIN BLOCK 69 OF THE OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT ZONE; 15 10/02/12 office.) PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 32 -12 is on file in the City Clerk's The City Attorney read the caption of the ordinance. Paul Dorling, AICP, Director of Planning and Zoning, stated this is a city - initiated text amendment to the LDR's Section 4.6.9(E)(3)(b) pertaining to in -lieu fees for properties within a portion of Block 69 and the Old School Square Arts District. Mr. Dorling stated currently it is in Area 2 which is subject to a $15,600 fee. Staff recommends that it be put into Area 3 which has a lower in -lieu fee of $7,800. Mr. Dorling stated the proposal is to incentivize redevelopment in the OSSHAD District. He stated the Historic Preservation Board (HPB) considered this request and their recommendation was that while the higher fees apply along Atlantic Avenue it would only be for properties that are non - contributing properties. Mr. Dorling stated the last survey did suggest that all six of those properties be designated contributing properties and four of six properties opted out and that was approved by the City Commission; the two end properties did get a contributing status. He stated this was seen as an additional incentive to bring other people in and give them a benefit. At its meeting of September 24, 2012, the Planning and Zoning Board agreed that this would be a better incentive if we included the entire block and the properties along Atlantic Avenue if they were contributing would enjoy the 7,800 feet and for those that chose not to be non - contributing they would continue to have the higher fee assessed to them. At its meeting of September 27, 2012, the Parking Management Advisory Board (PMAB) considered Ordinance No. 32 -12 and the Board recommended that there be a ninety (90) day window for those properties on Lots 1 -6 which are not currently classified as contributing in the LDRs to opt in to being reclassified as contributing. Mr. Dorling stated he does not recommend incorporating that language at this time because staff is going to be doing some resurveys. He stated if the Commission supports this he agrees in looking at the ordinance as written we need to add some additional language in Area 2 to make it clear that the Lots 1 -6 that were non- contributing would have the higher fee and those that were contributing would have the lower fee. Mr. Dorling stated if the Commission is in agreement he asked that they continue it so that he can tweak the language and come back for first reading at a subsequent meeting. The City Attorney stated if the Commission wants to adopt it on first reading then staff can make the change and have the corrective language for the Commission on second reading. 16 10/02/12 Mr. Jacquet asked for clarification as to whether we would want the lower price on the south side as opposed to on the north side. Mr. Dorling stated until about five years ago this entire block area was part of Area 3. Mr. Dorling stated the balance of this property is CBD (Central Business District). He stated the original thought pattern was that those properties maybe along Atlantic Avenue should be consistent with the CBD but at that time the entire block was taken in and assessed. Mr. Jacquet stated he feels that block (southeast corner of Swinton Avenue and Atlantic Avenue) belongs in CBD. Mr. Dorling stated Area 2 would continue to have those properties that are along Atlantic Avenue be consistent and treated similarly to shoes in the CBD. He stated this ordinance would take that balance and incorporate it into the CBD properties and treat it similarly to properties north and south. Mr. Jacquet stated he does not understand why we are trying to put it into OSSHAD. Mr. Dorling stated it is zoned OSSHAD and what is being suggested is that it be treated similarly to OSSHAD not downtown. Mr. Dorling stated it is OSSHAD zoned property that is being assessed a CBD as downtown. Mr. Jacquet stated if the City wants to incentivize development Area 2 is the place the City needs to focus on. Mr. Carney stated he is trying to understand why the City initiated this change. Mr. Dorling stated it was to level the playing field in that block to the balance of the OSSHAD zoning district. Mr. Carney stated he concurs with Commissioner Jacquet. Mrs. Gray stated she concurs with comments expressed by Commissioner Jacquet and Commissioner Carney. Mr. Dorling stated with regard to incentives a $7,800 in -lieu parking fee for a space in the OSSHAD is an incentive versus $15,600. He stated the other Boards took this as a step in providing additional incentives. Mayor McDuffie stated cutting the in -lieu in half is a tremendous incentive. Mr. Dorling stated if they retain their non- contributing status which they opted out of they would be subject to the higher fee of $15,600. Mr. Frankel asked if he should abstain from voting since his office is there. The City Attorney clarified that the only way Mr. Frankel can abstain is if something would inure to his financial gain or loss. At this point, Commissioner Frankel left the dais. Mr. Carney moved to approve Ordinance No. 32 -12 on FIRST Reading, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Carney — No; Mr. Jacquet — No; Mrs. Gray — No; Mayor McDuffie — No. Said motion was DENIED with a 4 to 0 vote. At this point, the time being 8:15 p.m., Mr. Frankel returned to the dais. 12.11. ORDINANCE NO. 35 -12: Consider an ordinance calling for a referendum on proposed revisions to the Charter of the City of Delray Beach to clarify and enhance the Charter's readability; providing for a referendum election to be held on March 12, 2013. If passed, a public hearing will be held on October 16, 2012. 17 10/02/12 The City Attorney read the caption of the ordinance. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR CHARTER REVISIONS BY AMENDING SECTION 3.04, "ASSUMPTION OF OFFICE; ORGANIZATIONAL MEETING "; SECTION 3.05, "OATH OF OFFICE "; SECTION 3.08, "VACANCIES; FILLING OF VACANCIES ", SUBSECTION (B), "VACANCY IN OFFICE OF MAYOR "; SECTION 4.02, "APPOINTMENT; REMOVAL; COMPENSATION ", SUBSECTION (C), "REPLACEMENT "; SECTION 4.05, "BUDGET PROCEDURE ", SUBSECTION (D), "PUBLIC HEARING ", SUBSECTION (E), "BUDGET ADOPTION /APPROPRIATIONS ", SUBSECTION I, "AUDIT "; SECTION 5.04, "ELECTIONS GENERALLY", SUBSECTION (B), "HIGHEST NUMBER OF VOTES TO ELECT IN FIRST NONPARTISAN ELECTION ", SUBSECTION (D), "IF NO PERSON QUALIFIES "; SECTION 6.05, "PROCEDURE FOR FILING ", SUBSECTION (A), "CERTIFICATE OF CITY CLERK; AMENDMENT "; TO CLARIFY, CORRECT GRAMMATICAL ERRORS, AND TO ENHANCE THE CHARTER'S READABILITY; PROVIDING FOR A REFERENDUM ON MARCH 12, 2013; PROVIDING FOR A REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (The official copy of Ordinance No. 35 -12 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance and stated this would correct some grammatical errors and clarify some language in the Charter to make it easier to read and understand. The City Attorney stated if the Commission approves this ordinance the second reading would be on October 16, 2012 subject to passing on referendum on March 12, 2013 before it becomes effective. Mr. Frankel stated he is support of all five (5) ordinances to get it to public comment. Mr. Jacquet clarified that there is no substantive changes. The City Attorney stated there are some things that staff has tried to clarify such as publishing the entire budget and staff clarified where they would make it available to the public. Also, the City Attorney stated staff also tried to address something that West Palm Beach dealt 18 10/02/12 with not too long ago where they had a Commissioner who passed away before he assumed office; however, he had been elected. Mr. Frankel moved to approve Ordinance No. 35 -12 on FIRST Reading, seconded by Mr. Carney. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes. Said motion passed with a 5 to 0 vote. 12.C. ORDINANCE NO. 36 -12: Consider an ordinance calling for a referendum on proposed revisions to the Charter of the City of Delray Beach to amend Section 3.02, "City Commission: Composition, Eligibility, Election, and Terms "; amending Section 5.02, "Types of Elections ", to provide for a change in the length of Commission terms from two years to three years, but not extending the maximum number of consecutive years a Commissioner or Mayor is allowed to serve; providing for a referendum on March 12, 2013. If passed, a public hearing will be held on October 16, 2012. The caption of Ordinance No. 36 -12 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR CHARTER REVISIONS BY AMENDING SECTION 3.02, "CITY COMMISSION: COMPOSITION, ELIGIBILITY, ELECTION, AND TERMS "; AMENDING SECTION 5.02, "TYPES OF ELECTIONS "; TO PROVIDE FOR A CHANGE IN THE LENGTH OF A TERM FROM A TWO YEAR TERM TO A THREE YEAR TERM, BUT NOT EXTENDING THE MAXIMUM NUMBER OF CONSECUTIVE YEARS A COMMISSIONER OR MAYOR IS ALLOWED TO SERVE; PROVIDING FOR A REFERENDUM ON MARCH 12, 2013; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (The official copy of Ordinance No. 36 -12 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance and stated currently the Commission has two (2) year terms with a maximum of six (6) consecutive years. He stated this ordinance would change the terms to a three (3) year term but still retain the maximum six (6) consecutive years. Mr. Carney moved to approve Ordinance No. 36 -12 on FIRST Reading, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes; Mr. Jacquet — No. 19 10/02/12 Said motion was approved with a 4 to 1 vote, Commissioner Jacquet dissenting. 12.D. ORDINANCE NO. 37 -12: Consider an ordinance calling for a referendum on proposed revisions to the Charter of the City of Delray Beach to amend Section 4.02, "Appointment; Removal; Compensation ", by amending Subsection (B), "Removal" , to provide that the removal of the City Manager shall only require a majority vote; providing for a referendum on March 12, 2013. If passed, a public hearing will be held on October 16, 2012. The caption of Ordinance No. 37 -12 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR CHARTER REVISIONS BY AMENDING SECTION 4.02, "APPOINTMENT; REMOVAL; COMPENSATION ", BY AMENDING SUBSECTION (B), "REMOVAL "; TO PROVIDE THAT THE REMOVAL OF THE CITY MANAGER SHALL ONLY REQUIRE A MAJORITY VOTE; PROVIDING FOR A REFERENDUM ON MARCH 12, 2013, PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (The official copy of Ordinance No. 37 -12 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance and stated currently in the Charter it provides that the only way to remove the City Manager is four (4) votes and this ordinance would reduce it to a simple majority which is three (3). Mr. Jacquet stated he has voiced his opposition to this ordinance because as he previously mentioned this effectively politicizes the position of City Manager. He stated the five Commissioners are already in a political position and have to face the public for certain decisions. Mr. Jacquet stated he does not feel it is right in their decision making to have a City Manager that sits on the dais as an elected official. Mr. Jacquet stated this makes the City Manager walk on eggshells and cater to the Commission and a simple vote of 3 to 2 can end the tenure of a City Manager. He stated he agrees that the City Commission should have the authority to fire the City Manager but he does not think it should be with a simple majority vote. Mr. Jacquet stated he is not in favor of this because he feels this makes our City Manager a political position as opposed to what we need which is a Chief Operating Officer. Mr. Carney stated you have to have faith in fellow Commissioners to do the right thing and disagrees on one point with Commissioner Jacquet and that is the City Manager does work for the Commission and accordingly is subject to the Commission's 20 10/02/12 wishes and desires. Mr. Carney stated he is in favor of moving this ordinance to second reading. Mrs. Gray stated she too is not in support of the majority vote. She stated she believes in super majority not simple majority. Mr. Frankel stated he will support this ordinance for the purposes of getting it to the public hearing portion. Mayor McDuffie stated he supports this to get it to a second reading. He stated because the Charter Review Committee had some issues the Commission is going to honor what they did and put this through to a public hearing. Mayor McDuffie stated he does not believe that a simple majority removes a City Manager anywhere. Mr. Frankel moved to approve Ordinance No. 37 -12 on FIRST Reading, seconded by Mr. Carney. Upon roll call the Commission voted as follows: Mrs. Gray — No; Mayor McDuffie — Yes; Mr. Carney — Yes; Mr. Jacquet — No; Mr. Frankel — Yes. Said motion passed with a 3 to 2 vote, Commissioner Gray and Commission Jacquet dissenting. 12.E. ORDINANCE NO. 38 -12: Consider an ordinance calling for a referendum on proposed revisions to the Charter of the City of Delray Beach to amend Section 3.09, "Term Limits ", Subsection (A), "Term Limit ", to provide that the maximum time period allowed to hold office, six (6) years, shall not apply in the case of a Commissioner who assumes the office of Mayor, in which case the time spent holding office as a Commissioner shall not count toward the six (6) year maximum time limit as Mayor; providing for a referendum on March 12, 2013. If passed, a public hearing will be held on October 16, 2012. The caption of Ordinance No. 38 -12 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR CHARTER REVISIONS BY AMENDING SECTION 3.09, "TERM LIMITS ", SUBSECTION (A), "TERM LIMIT "; TO PROVIDE THAT THE MAXIMUM TIME PERIOD ALLOWED TO HOLD OFFICE, SIX YEARS, SHALL NOT APPLY IN THE CASE OF A COMMISSIONER WHO ASSUMES THE OFFICE OF MAYOR, IN THAT CASE THE TIME SPENT HOLDING OFFICE AS A COMMISSIONER SHALL NOT COUNT TOWARD THE SIX YEAR MAXIMUM TIME LIMIT; PROVIDING FOR A REFERENDUM ON MARCH 12, 2013; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. 21 10/02/12 (The official copy of Ordinance No. 38 -12 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. He stated this ordinance provides that whenever there is a Commissioner who would move up to the office of Mayor, the time spent as Commissioner would not count for the six (6) year maximum time limit. The City Attorney stated this does not count if someone is a Mayor and wants to move down to the office of Commissioner; they would not get an extension of time in that regard. Mrs. Gray expressed concern over this ordinance and feels that the Mayor's position would be treated as a special privilege. She stated there are only five cities in the area that are term limited. Mrs. Gray stated if there is going to be more time for a Mayor she feels we should have more time for the Commission as well otherwise not have term limits and vote every 2 -3 years. Mrs. Gray stated if the term limits are going to be extended they should be extended for everyone. Mayor McDuffie stated he does not approve of the term limits and as Commissioner Gray commented most of the cities in Palm Beach County have no term limits. Mr. Frankel moved to approve Ordinance No. 38 -12, seconded by Mr. Carney. Upon roll call the Commission voted as follows: Mayor McDuffie — Yes; Mr. Carney — Yes; Mr. Jacquet — No; Mr. Frankel — Yes; Mrs. Gray — No. Said motion passed with a 3 to 2 vote, Commissioner Jacquet and Commissioner Gray dissenting. 12.F. ORDINANCE NO. 39 -12: Consider an ordinance calling for a referendum on proposed revisions to the Charter of the City of Delray Beach to amend Section 4.02, "Appointment; Removal; Compensation ", by amending Subsection (D), "Compensation ", to provide for the removal of the Charter prohibition on reducing the City Manager's Salary; providing for a referendum on March 12, 2013. If passed, a public hearing will be held on October 16, 2012. The caption of Ordinance No. 39 -12 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR CHARTER REVISIONS BY AMENDING SECTION 4.02, "APPOINTMENT; REMOVAL; COMPENSATION ", BY AMENDING SUBSECTION (D), "COMPENSATION "; TO PROVIDE FOR THE REMOVAL OF THE CHARTER PROHIBITION ON REDUCING THE CITY MANAGER'S SALARY; PROVIDING FOR A REFERENDUM ON MARCH 12, 2013, PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A 22 10/02/12 SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (The official copy of Ordinance No. 39 -12 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance and stated the ordinance provides for removing from the Charter the prohibition on reducing the City Manager's salary. Mr. Carney moved to approve Ordinance No. 39 -12 on FIRST Reading, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Carney — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — No; Mayor McDuffie — Yes. Said motion passed with a 4 to 1 vote, Commissioner Gray dissenting. 13. COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS. B.A. City Manager With regard to the pool, the City Manager stated should the majority of the Commission choose to not close the Delray Swim and Tennis Club pool the money is still in the budget. Secondly, with regard on the super majority vote, the City Manager stated one of his concerns he has in recruitment is the statutory limit now on severance pay of 20 weeks. The City Manager stated it is common for managers to have as much as a year in severance pay if you are moving from out -of -state or dislocating your family and then you can only get 20 weeks of severance and you can be fired on a 3 to 2 vote. He stated there may be ways of working around severance such as giving someone a vacation balance at the time they are hired instead of having to earn it. The City Manager stated it has the potential of making the position more political in the sense that the Manager is often the face for the Commission action; a good manager supports the Commission whether he thinks the Commission is right or wrong. The City Manager stated people in the community see the manager as doing these things when you are really doing the bidding of the Commission. The City Manager stated so you have an election where you have three new people elected and are elected by people who did not like what the previous Commission was doing but they hold the City Manager accountable for it so they come into office and fire the manager. He stated you see so often where you get a new Commission elected and they fire the Manager within the first month or two. Lastly, the City Manager stated he will get the naming facilities information to the Commission. B.B. City Attorney The City Attorney had no comments or inquiries on non - agenda items. 23 10/02/12 13.C. City Commission 13.C.1. Mr. Jacquet Mr. Jacquet had no comments or inquiries on non - agenda items. 13.C.2. Mr. Carney Mr. Carney asked how much is it going to cost the City to maintain the pool if it is closed. The City Manager stated the cost for the City to maintain the pool is $10,000 412,000. Mr. Carney confirmed that there is still a $70,000 plus savings. Secondly, Mr. Carney stated he is following up on comments expressed by Commissioner Gray last week and she commented about the contracts that are being entered into by the Parks and Recreation Department. Mr. Carney stated some of these contracts he has not seen at the Commission level and he would like to clarify the process. Mr. Carney stated he would like to see all the contracts that Parks and Recreation has done for the last three years to see who is signing these contracts and see what they say. Lastly, Mr. Carney stated now that the City of Delray Beach is under the jurisdiction of the County's Ethics ordinance and the Inspector General (IG) he believes that transparency is important at all levels of government to spend tax dollars. Therefore, Mr. Carney requested that the City Manager draft a letter for the Mayor's signature asking the Delray Beach Housing Authority (DBHA), the Community Redevelopment Agency (CRA), and the Downtown Development Authority (DDA) to join with the City by putting their staffs and boards subject to the Ethics Commission and the Inspector General (IG). Mr. Carney stated these are three very good boards that do great work but they spend millions of dollars of taxpayer money and he feels it is imperative as a matter of transparency that every single board in this city be subject to the same rules. The rest of the Commission supports Mr. Carney's suggestion. 13.C.3. Mayor McDuffie Mayor McDuffie spoke about transparency and other boards being subject to the Ethics Commission and the Inspector General (IG). Mayor McDuffie stated with regard to Mr. Carney's suggestion he feels this is another step toward transparency for our citizens because everyone that handles millions and millions of dollars of tax money should have the same accountability. 13.C.4. Mrs. Gray Mrs. Gray requested if some of the information on the City's website could stay updated. 24 10/02/12 Secondly, Mrs. Gray asked if both sides of NW /SW 5m Avenue are the historical business district. The City Manager stated it is a historic business district of the black community; however, it is not designated as a historic district. Mrs. Gray asked if this could be a designated district. The City Manager stated staff would need to check into this to see if it can be done. Mrs. Gray asked if there is an ordinance against hanging clothes on fences to dry. The City Manager stated this is a violation and staff will look into this. She stated the City, CRA, and everyone has been doing an awesome job with economic development. Mrs. Gray stated the Economic Development Director should be housed in City Hall instead of the CRA. The City Manager stated the Economic Development Director is an employee of the CRA. Lastly, Mrs. Gray asked if the Commission would agree to move forward with having some type of study regarding the tennis stadium. The City Manager stated he asked Mark Baron to attend the Commission Workshop meeting next week and discuss his vision and the ideas he has been working on about funding for the tennis stadium and how it fits with the Community Center. 13.C.5. Mr. Frankel Mr. Frankel reported that this weekend he will be traveling to see Urban Meyer in Columbus, Ohio for the Ohio State vs. Nebraska game. 25 10/02/12 FORM SB MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME —FIRST NAME — MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE Frankel, Adam Lawrence Delray Beach City Commission MAJUNG ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON 150 NE 6th Avenue, Unit L WHICH I SERVE IS A UNIT OF: CITY ❑ COUNTY 4 OTHER LOCAL AGENCY CITY COUNTY NAME OF POLITICAL SUBDIVISION: Delray Beach Palm. Beach City of Delray Beach DATE ON WHICH VOTE OCCURRED 1fl /��2�1� MY POSITION IS: X31 ELECTIVE ❑ APPOINTIVE WHO MUST FILE FORM 8B This form 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 "relative" 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 form 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 form (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 88 - EFF. 112000 item 1G..A PAGE 1 APPOINTED OFFICERS (continued) • A copy of the form 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 Adam Frankel hereby disclose that on October 2 20 12 (a) A measure came or will come before my agency which (check one) 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 whom I am retained; or inured to the special gain or loss of is the parent organization or subsidiary of a principal which has retained rime. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: I disclosed as an abundance of caution_ There is no personal gain. 10/2/2012 Date Filed by which 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 WHEREAS, Mercer Wenzel, the iconic department store located at 401 East Atlantic Avenue in Delray Beach has been in existence for 54 years. Bruce Wenzel, a swimsuit salesman, and his partner S.L. Mercer, a local store owner, bought the store from the Zuckerman family in 1958 and called it Mercer's; and WHEREAS, Mr. Wenzel and Mr. Mercer worked and managed the two -story modest store as partners until Mr. Wenzel acquired full ownership of the business in the 1970's. He then changed the name to Mercer Wenzel; and WHEREAS, the uniqueness of the store is evident through the staff that knew each customer by their name and personal style. The store and staff catered to the needs of the customer; it was the only place in town that carried Girl Scout, Cub Scout and Boy Scout uniforms and supplies. It was headquarters for nurses, maids and household help to get their uniforms. Another huge success of Mercer Wenzel was their linen department which also featured luggage, patterns and fabrics; it supplied all of the linens for Wright by the Sea among other hotels; and WHEREAS, while Mercer Wenzel carries the latest fashions and home goods there's still a small-town vibe in the store with clerks available on every aisle. Mr. Wenzel and his family walk about the store greeting regular customers — indicative of the first class customer service long forgotten; and WHEREAS, his routine has been the same for years, he begins his day with breakfast at the Green Owl Restaurant and then he walks across the street to report to work by 7:20 a.m., six days a week. He has standing golf dates every Wednesday afternoon at Quail Ridge and Sunday morning at the Ocean Club with his golf partners Howard Falcon, Ken Ellingsworth, and John Ross Adams; and WHEREAS, Mr. Wenzel helped to create the Delray Beach Community Chest (now known as United Way of the Palm Beaches ) and the Delray Affair. He is also a strong advocate of other local organizations such as the Rotary Club and Chamber of Commerce. He was involved in the community in so many ways; and WHEREAS, at the end of November, the family -owned retail store will close its doors for the final time leaving a string of stories and memories for loyal friends, family and customers to recollect. Although Mercer Wenzel will be missed by the community it has served for 54 years, there is great solace in knowing that at the tender age of 85, Mr. Wenzel will begin his journey into retirement to fish and travel (two pastimes that he has always wanted to do). NOW, THEREFORE, I, NELSON S. McDUFFIE, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do recognize and commend: MERCER WENZEL and call upon all present to acknowledge and applaud their longtime outstanding and exemplary loyalty and service to the community and wish Mr. Bruce Wenzel well on his retirement. IN WITNESS WHEREOF, I hereunto set my hand and caused the official seal of the City of Delray Beach, Florida, to be affixed this 6t' day of November 2012. NELSON S. McDUFFIE MAYOR WHEREAS, America Recycles Day is celebrated throughout the United States of America each November 15`'; and WHEREAS, America Recycles Day is more than a celebration. It is the only nationally recognized day dedicated to promote and raise awareness about the need to recycle and buy recycled products; and WHEREAS, each year Americans generate more than 250 million tons of municipal solid waste, which equates to more than 4.3 pounds of trash per person per day; and WHEREAS, the City's residential community recycles at a rate of 22 %, which is below the recycling rate for Palm Beach County (32 %) and the United States (34 %); and WHEREAS, this year the City of Delray Beach is taking an active role in America Recycles Day by promoting our existing residential recycling programs in the community and within City Hall and by continuing to offer our Christmas Tree Recycling Program that has been provided for more than 15 years; and WHEREAS, the City will introduce its new Public Space Recycling Program, a partnership with the American Beverage Association and Waste Management Inc. of Florida, that will collect "blue bin" recyclables from the more than 1.8 million visitors to the City's World Class Municipal Beach and throughout the City's downtown core. This new program will kickoff following a green ribbon cutting on Thursday, November 15th at 10 a.m. on America Recycles Day and is expected to provide almost 24 tons (or 49,000 pounds) of recyclable materials annually into the City's residential recycling stream rather than the Palm Beach County Landfill; and WHEREAS, the City of Delray Beach will be working with local elementary schools educating them on the importance of saving/protecting our natural resources through recycling, conducting a poster contest on the importance of recycling and making arts and crafts from recycled objects; and WHEREAS, the City of Delray Beach remains committed to continue its efforts every day to be a more "Green and Sustainable" Community through our understanding that waste reduction and the efficient use of our natural and economic resources is critical to a sustainable way of life; and WHEREAS, the City of Delray Beach hopes that other local businesses, industries, government agencies, non - profit organizations and residents will join together and celebrate America Recycles Day and encourage those around them to pledge to do more to preserve our environment and our community. NOW, THEREFORE, I, NELSON S. McDUFFIE, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim November 15, 2012 as: AMERICA RECYCLES DAY in the City of Delray Beach, Florida, and urge all citizens, schools, businesses, organizations and visitors to join with me in realizing the value that recycling provides and the need to protect our environment and our limited resources. 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 6u` day of November, 2012. NELSON S. McDUFFIE MAYOR MEMORANDUM TO: Mayor and City Commissioners FROM: Dot Bast, Training and Development Manager THROUGH: David T. Harden, City Manager DATE: October 10, 2012 SUBJECT: AGENDA ITEM 7.A. - REGULAR COMMISSION MEETING OF NOVEMBER 6, 2012 RESOLUTION NO. 53-12 RAY COLGIN ITEM BEFORE COMMISSION Resolution No. 53 -12 honoring Ray Colgin for 30 years of service. BACKGROUND In accordance with the City's Service Awards policy, employees with 30 years of continuous full -time service are to be honored by the City Commission with a resolution and plaque. Ray Colgin, Senior Utility Mechanic, achieved this milestone on October 27, 2012. RESOLUTION NO. 53 -12 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING RAY COLGIN FOR THIRTY YEARS OF DEDICATED SERVICE TO THE CITY OF DELRAY BEACH. WHEREAS, Ray Colgin was hired by the City of Delray Beach as a Labor I on October 27, 1982 and on October 27, 2012 reached a milestone in his career, having achieved thirty years of full - time service with the City; and WHEREAS, Ray was soon promoted to Mechanic Helper, Mechanic I, Mechanic II, then Senior Utility Mechanic in 2008 and has since served this community in that capacity with honor and distinction; and WHEREAS, Ray is known for his fantastic attitude towards his job, his willingness to take on any assignment that comes along and his consistent record of completing his projects accurately, completely, and ahead of schedule; and WHEREAS, Ray has established himself as a team player and has developed the reputation for resourcefulness and adaptability; and WHEREAS, he has received dozens of letters of commendation for his dedication, initiative, professionalism and his consistent willingness to assist other departments; and WHEREAS, Ray is a loyal, committed public servant whose performance and integrity have earned him the respect of his supervisors and peers, the City of Delray Beach and the Environmental Services Department are honored to have Ray Colgin as a valued member of the municipal team. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: SECTION 1. That the City Commission of the City of Delray Beach hereby recognizes and commends Ray Colgin for thirty years of dedicated and faithful public service. SECTION 2. That the City Commission hereby congratulates and expresses sincere thanks and appreciation to Ray Colgin for his many years of service, and wishes him the best of health and happiness in his continued employment. PASSED AND ADOPTED in regular session on this the 6 h day of November 2012. MAYOR ATTEST: CITY CLERK PRESENTED TO Ray Colgin As a token of our esteem and gratitude for your 30 years of outstanding contributions and distinguished service to The City of Delray Beach Environmental Services Department October 27, 1982 — October 27, 2012 MEMORANDUM TO: Mayor and City Commissioners FROM: Jennifer Buce, SPIRIT Co- Chairperson Shakeema Gaskin, Co- Chairperson DATE: October 22, 2012 SUBJECT: AGENDA ITEM 7.1). - REGULAR COMMISSION MEETING OF NOVEMBER 6, 2012 S.P.LRLT. COMMITTEE OUARTERLY AWARDS PRESENTATION ITEM BEFORE COMMISSION The item before the City Commission is the recognition of two (2) quarterly winners chosen by the SPIRIT Committee for their service, performance, integrity, responsibility, innovation, and teamwork. BACKGROUND The City of Delray Beach implemented the SPIRIT Quarterly Award Program in April 2006. The main objective of the SPIRIT Program is to award the efforts of employees who provide outstanding quality service to our City. Winners for the last quarter are: • Steven Sack, Park Maintenance; Jennifer Buce will present the award. • Karen Schell, Finance; Jennifer Buce will present the award. y O Rrnrrny O F S 'T'S IN THE PEOQ�� SPIRIT Award Nomination Form Nominee Information: Name: S+t V&" CLt-CL Nominator Information: Department: n Phone #: EXHIBIT A Name., Department: Did ��be� -Phone # 3 7q 2- K 3)j;7 Signature: Date: f� Z The City of Delray Beach SPIRIT Award Program awards and recognizes employees for their exemplary actions in following the City's Core Beliefs by providing exceptional Service through Performance by acting with Integrity, being Responsible, taking Innovative action, and practicing Teamwork. Any City Employee may be nominated provided that he or she has demonstrated (a) an incident outside the normal scope of job responsibilities, (b) a history of exemplary City service through actions which display SPIRIT or, (c) an act or event which positively impacts the city, community, or general public. Please use the space provided below explaining the employee's exemplary service. Feel free to attach any supporting documentation i.e. photos, comment cards, etc. Nominations must be submitted to Human Resources no later than the 1" Friday of the months of October, January, April, and July. i' C, a ro wrs.e 4L &111-k ; 0- 0(A 5U lied wl(j& )V A44-,e- � IYt vr.*J .,Y"-,�e -k) 6iJ off Skew -r) pc t'- �, �� �,v► � 4� '7 wt�,� G S �u. VrGr.Vr�GQ 42 YY\A Lac 5w�� r Stu ►rc C>° r v�d� h Ui is�e i n �,►'n� S -i - - wa abu 4 �� na L! �t h6vrn.L CG�I old u� wL PAIJA'. Dim le 6ovr&62L Bn S4tA" `S 7�AA,� . YDuY SPIRIT Nomination Form; Page 2 of 2 oisGuti4l� SeAy�tc , �7Lt aYYK , �I��wl 1hhvv"p -h k - TL-v . , GPI b-� W1I&k Revised, July 7, 2008 5 ens,h ?1r1 �,YDv>� D r Sr. A� �4 W44e- EXHIBIT A y 1T� iN THL PEaQ�"� SPIRIT Award Nomination Form Nominee Information: Name: ga&C- fj St UC— Department: Phone #: Nominator Information: Name: SE 4U-7V L Alk-SoAJ Department:_ ?AkiJ -S t1�i9/AJ-r, —Ph one # Signature: ,� Date: The City of Delray Beach SPIRIT Award Program awards and recognizes employees for their exemplary actions in following the City's Core Beliefs by providing exceptional Service through Performance by acting with Integrity, being Responsible, taking Innovative action, and practicing Teamwork. Any City Employee may be nominated provided that he or she has demonstrated (a) an incident outside the normal scope of job responsibilities, (b) a history of exemplary City service through actions which display SPIRIT or, (c) an act or event which positively impacts the city, community, or general public. Please use the space provided below explaining the employee's exemplary service. Feel free to attach any supporting documentation i.e. photos, comment cards, etc. Nominations must be submitted to Human Resources no later than the I" Friday of the months of October, January, April, and July. 7;7 %HU<SL oP 6! Ir T { 1 4)�GG T IIZiI} R cc1/1V, 1-� S'� V yS Si<fCLrJrcC bo SoMt / /6tlG. �fl lrJi« kl,q-kc-lu Hfix ge T /q,g1Z,5Z/C 7 -,4LM- T, S'-If L-- M kC7:s /V &-/Z () Oj 1 Cg&�6-1 NG- 10P J-1 -vtc-- `ro - DNS /ND >9 Wc-F ffovkf /4 6 Nc-- i7twr1 v N c - 01)Y 19 FFI ,� / /i0 M /�`TF4lG� S I�acJcH�y E� u�cJL `ibis f/�ii2� i /s A/117- /30T 71x9 T /9 /10 -ro u ?L(oL -/Dc, (,I ,4 i 10 NS Su Ad) Icsf SPIRIT Nomination Form; Page 2 of 2 Revised, July 7, 2008 (-=! VC ., T-0 T 0 S C (U c 1 o i f �i�-`C �( �' CA) r - - SPAciA f�C���C'I�f 7-7 /J f--6, 4- tfC/L pi i�t ti St( E- MEMORANDUM TO: Mayor and City Commissioners FROM: Tamara Genius, Plan Reviewer Richard C. Hasko, P.E., Director of Environmental Services THROUGH: David T. Harden, City Manager DATE: October 31, 2012 SUBJECT: AGENDA ITEM 8.A. - REGULAR COMMISSION MEETING OF NOVEMBER 6, 2012 ACCEPTANCE OF A WATER EASEMENT DEED /SOUTH DELRAY SHOPPING CENTER ITEM BEFORE COMMISSION Acceptance of an exclusive water easement deed for a water main at the South Delray Shopping Center. BACKGROUND The South Delray Shopping Center is a commercial retail property located on the east side of S Federal Highway, north of Avenue L, at 3001 S. Federal Highway. See location map. A water main and water service line to a meter will be installed on the east end of this project. A 12 foot water easement is required so that City crews can access and perform maintenance operations associated with the new City maintained water main. An updated Exhibit A will be provided prior to the Commission meeting to clearly show the easement area. RECOMMENDATION Staff recommends approval and acceptance of water easement deed. Prepared by: RETURN: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. l st Avenue Delray Beach, Florida 33444 EASEMENT DEED T INDENTURE, made this day of 2012— by and betweten�, C.. , with a mailing address of ) b dart 1 of the first part, d the CITY OF DELRAY BEACH, with a mailing address of 100 N.W. 1st Avenue, Delray Beach, Florida 33444, a municipal corporation in Palm Beach County, State of Florida, party of the second part: WITNESSETH: That the party of the first part, for and in consideration 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 for the purpose of the construction and maintenance of a water main with full and free right, liberty, and authority to enter upon and to install, operate, and maintain such water main well under, across, through and upon, over, under or within the following described property located in Palm Beach County, Florida, to -wit: DESCRIPTION See Exhibit "A" 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 encumbering this easement. The party of the first part also agrees to erect no building or effect any other kind of construction or improvements upon the above - described property. It is understood that upon completion of such construction, all lands disturbed thereby as a result of such construction performed thereon, 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 unencumbered 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. WITNESS 41: ..1, By: (name printed or typed) WITNESS #2: (name printed or typed) STATE OF COUNTY OF(� nP ,' f )il 8 F The foregoing instrunia4it was a knowledged before me this day of 2042 by {name of officer or agent), of (name of corporation), a (State or place of incorpor t>on} core atio , o behalf of the corporation. He/ e is e�...known-to me or has produced _ (type of identification) as-identification and did /did not take an oath. Signature of Notary Public - State of (SEAL) MIRIAM MILLER MY COMMISSION # D ) BBOOiO EXPIRES: February S, 2014 Ff, t d ' Banded Thru Notary Public Underwriters 2 I FOUND %- IR NO ID '1Q FOUND Ile NO ID ANN 0 100 SCALE FEET PLATBOOK 45, PAGE 47 -- 1 FOUND 4X4" CM �r 4a 08 r p 10.02' N8772'12-E F 3- i ... .. __ P 0. C. EASEMENT I' UTILITY EASEMENT ORB 4535, PG 1116 R =5D.00 I. ORB 6114, PG 185 EXCEPTION 12 e =106'1 S'37" CHB= S02'48'09 'E ! CHD= 80.00' EXCEPTION 14 FPL EASEMENT UTILITY EASEMENT ORB 4535, PG 1115 ORB 4425, PG 212 EXCEPTION 11 EXCEPTION 7 PARCELC mo G ? � O i I o SOUTH DELRAY 9 SHOPPING UTILITY EASEMENT CENTER ORB 4425, PG 212 EXCEPTION 7 PB 45, PO 47 $ 1 2143 -4S- 28-52 - 003 -0000 GATOR DELRAY, LC o ORB 8298, Pis s 522 p 8.88 ACRES 388,933 SGT. FT,? 0 FOUND s/s" IR NO ID. RIGHT OF WAY DEDICATION PER PLAT EXCEPTION 4 FOUND %" IR NO 1D —15' FPL EASEMENT ORB 4535, PG 1116 EXCEPTION 12 I LINE TABLE = p BEARING LENGTH 1 S87'1 2'07"W 35.23 2 S02'47'53 "W 25.19 Ls.l N87'1 2'07 "E 15.23 4 S02'47'53 "E 12.81 5 S87'1 2'07 "W 27.23 5 1 NO2'47'53 "W 38.00 P. 0. B. t 12.00 7 1 2 3 6 ¢... FPL EASEMENT ORB 4535, PG 1116 EXCEPTION 12 I LINE TABLE No. BEARING LENGTH 1 S87'1 2'07"W 35.23 2 S02'47'53 "W 25.19 3 N87'1 2'07 "E 15.23 4 S02'47'53 "E 12.81 5 S87'1 2'07 "W 27.23 5 1 NO2'47'53 "W 38.00 [7_1 N87'12'07 "E 12.00 SURVEYORS NOTES THIS IS A SKETCH OF LEGAL DESCRIPTION ONLY, NOT A BOUNDARY RETRACEMENT SURVEY. 2. REFER TO THE PLAT OF SOUTH DELRAY SHOPPING CENTER AS RECORDED IN PLAT BOOK 45, PAGE 47, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. 3. THE BEARING BASE FOR THIS LEGAL DESCRIPTION IS THE EAST LINE OF PARCEL C, SOUTH DELRAY SHOPPING CENTER (PB 45, PG 47). SAID LINE HAVING A PLAT BEARING OF SOUTH 2 °47'53 "EAST. 4. THE SCALE OF THIS DRAWING MAY HAVE BEEN DISTORTED DURING REPRODUCTION PROCESSES. It I � O O 00 L6 LL- °z i mm rq Q5 Q Z W LEGEND PROPERTY LINE — — — — — — PROPOSED R/W DEDICATION - - RIGHT OF WAY LINE — SECTION LINE NO. NUMBER LWDD LAKE WORTH DRAINAGE DISTRICT ORB OFFICIAL RECORDS BOOK P.S. PLAT BOOK P.G. PAGE P.O.C. POINT OF COMMENCEMENT P.O.B. POINT OF BEGINNING RNG. RANGE R/W RIGHT OF WAY SEC. SECTION TWP. TOWNSHIP This certifies that a legal description and sketch of the property shown hereon was made under my supervision and that this legal description and sketch meets the.. minimum technical standards set forth by the Florida Board of Professional Surveyors and Mappers in Chapter 5J-17, Florida Administrative Code, pursuant to Section 472.027 Florida Srctu 5ject to notes .and notations shown hereon. E C Demeter, P.SM. 310. 5179 DA 7-- —10 —,;t3 — Not valid without the signature and the original raised seat of a lorida licensed surveyor and mapper. -- 7 " =1D()' ❑_❑ Nrnley -Horn HATE SHEET NUMBER DESICNED BY and Associates, Inc. 8_ U3-12 LEGAL DESCRIPTION AND SKETCH DRAWN BY WATER EASEMENT CHECKED BY ECD 445 224TH STREET, ESUITE 200,N VERD BEACH, FL 32960 PROJECT No. SOUTH DELRAY SHOPPING CENTER PHONE 772 - 794 -4700 FAX: 772794 -4130 147253592 WWW.KIMLEY- HORN.COM LE 695 1 Of 2 0 P PAGE 47 LEGAL DESCRIPTION' ALL THAT CERTAIN PIECE, PARCEL OR TRACT OF LAND SITUATE, LYING AND BEING A PORTION OF PARCEL C, SOUTH DELRAY SHOPPING CENTER, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 45, PAGE 47, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SAID LANDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING FOR REFERENCE AT THE NORTHEAST CORNER OF SAID PARCEL C, SOUTH DELRAY SHOPPING CENTER; THENCE, BEARING SOUTH 02 °47'53" EAST, ALONG THE EAST LINE OF SAID PARCEL C, A DISTANCE OF 268.00 FEET TO A POINT; THENCE, DEPARTING SAID EAST LINE OF PARCEL C, BEARING SOUTH 87 °12'07" WEST, A DISTANCE OF 35.23 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE, BEARING SOUTH 02 °4753" EAST, A DISTANCE OF 25.19 FEET TO A POINT; p THENCE, BEARING NORTH 87 °12'07" EAST, A DISTANCE OF 15.23 FEET TO A POINT; THENCE, BEARING SOUTH 02 °47'53" EAST, A DISTANCE OF 12.81 FEET TO A POINT; THENCE, BEARING SOUTH 87-12'07" WEST, A DISTANCE OF 27.23 FEET TO A POINT; THENCE, BEARING NORTH 02 °47'53" WEST, A DISTANCE OF 38.00 FEET TO A POINT; - THENCE, BEARING NORTH 87 °12'07" EAST, A DISTANCE OF 12.00 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PREMISES CONTAIN AN AREA OF 651 SQUARE FEET OR 0.01 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS, CONDITIONS AND RESTRICTIONS AS CONTAINED WITHIN THE CHAIN OF TITLE. SCALE I" =100' DATE SHEET NUMBER DESiDNED BY ❑=F I and As -Hom LEGAL DESCRIPTION AND SKETCH � and Associates, Inc. 8 -03- � z DRAW BY ECD O 2012 KIMLFY -HQRN AND AWCIATES. INC. WATER EASEMENT CHECMED BY ECO 445 247H STREET, SUITE 200, VERO BEACH, El. 3296O PROJECT NC. PHONE, X2_794 -4,DO FAX- »z -794 -41,0 1472-53592 SOUTH DELRAY SHOPPING CENTER 2 6f WWW.KIMLEY- HORN.COM L9 696 r # .. ,ddr * ` lw T.16 4 i •�,y ti � i T ' � • F ,i ' k I •`, y I SNOIS-8 -NJ 11 "ll N11 I "I", - - - - vo,ao" ` v" lvas " ... 0_1),V J_130 2JOiVO – ] '.."IN' �'l o=g 3e oar bo "I's 0 a3w INI NVIdkiriiin NOJ 03NVd3Nd 0 '3Uj'$ejBj00ssvpuv 2OiN30 E)NlddOHS SO WOH-Aelwi.N AVIT130 Hinos im M H! H, q. y§ m H .0 H Np. o N" Ho 2, . ..... H n q�uoq H., Fuq �U. g �o '- _H H 'M PO, o HE H 8 to .1 IV' III ill uII H L I � P 2 - - - - - - - - - - - nn__ i L - TI- 2 C:71 w 0 E:j - --- ---- �uj - --- -- ---- _71 _G"401A - -- - - - - - - - - ----- - -n)' AVMH VH Ivu.3claq w ... ......... . ..... . ... ....... ..... ... .. . . ..... "! - M NV]l 'o o MEMORANDUM TO: Mayor and City Commissioners FROM: Tracie M. Lutchmansingh, P.E., Asst. City Engineer Richard C. Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: October 31, 2012 SUBJECT: AGENDA ITEM 8.B. - REGULAR COMMISSION MEETING OF NOVEMBER 6, 2012 WATER EASEMENT DEED / ALFIERI- DELRAY BEACH COMMONS. LLC ITEM BEFORE COMMISSION Acceptance of a Water Utility Easement with Alfieri- Delray Beach Commons, LLC for Spodak Dental Office. BACKGROUND Water service for the Spodak Dental Office project is being provided via a connection to an exisitng City water main on the west adjacent property. The water utility easement is required so that City crews can access and perform maintenance operations associated with the City maintained water main. RECOMMENDATION Staff supports acceptance of Water Easement Deed. Prepared by: RETURN: R. Brian Shutt, Esq. City Attorney's Office 200 N. W. 1 st Avenue Delray Beach, Florida 33444 EASEMENT DEED THIS INDENTURE, made this day of 2012, by and between ALFIERI- DELRAY BEACH COMMONS, L.L.C., a Delaware limited liability company, with a mailing address of 399 Thornall Street, Edison, New Jersey 08837, party of the first part, and the CITY OF DELRAY BEACH, with a mailing address of 100 N.W. 1 st Avenue, Delray Beach, Florida 33444, a municipal corporation in Palm Beach County, State of Florida, party of the second part: WITNESSETH: That the party of the first part, for and in consideration 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 for the purpose of the construction and maintenance of a water main with full and free right, liberty, and authority to enter upon and to install, operate, and maintain such water main well under, across, through and upon, over, under or within the following described property located in Palm Beach County, Florida, to -wit: DESCRIPTION See Exhibit "A" 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. The party of the first part further grants to the adjacent property owner, Radiant Enterprises LI.C, a Florida limited liability company, a temporary easement over the lands set forth in Exhibit "A" for the purpose of installing the water main improvements contemplated by this Easement Deed and that Easement Improvement Agreement recorded at Official Records Book 25175, Page 1570, Public Records of Palm Beach County, Florida. 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 I and all mortgages or liens encumbering this easement. The parry of the first part also agrees to erect no building or effect any other kind of construction or improvements upon the above - described property except as otherwise authorized by the City of Delray Beach. It is understood that upon completion of such construction, all lands disturbed thereby as a result of such construction performed thereon, will be restored to its original or like condition without expense to the property owner. Upon completion by the adjacent property owner of the construction of the water main, subject to the party of the second part's approval, the party of the first part shall have the right to seek permits from the parry of the second part to tap into the water main in connection with any future development of its parcel, subject to all laws and regulations in effect, and which permits shall not be unreasonably withheld. Title to all mains, extensions and other facilities extending from the party of the second part's water distribution system shall be vested to the party of the second part exclusively and as such the party of the second part shall operate and maintain the water main, or cause the water main to be operated and maintained, in good order, condition, and repair throughout the term of this Indenture. 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 unencumbered 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. WI'TNESS 41: (name printed or typed) WI SS #2: (name printed or typed) STATE OF COUNTY OF PARTY OF THE FIRST PART B The foregoing instrument was acknowledged before me this day of - , 2012 by L -e f j (name of officer or agent), of 2 ame O If corporation), a Y �, s <° e(State or place of incorporation) corpo tion, on behalf of the corporation. He /She is personally known to me or has produced (type of identification) as identification and did /did not take an oath. Signature of Notary Public - State of Alison Cuccla (SEAL} Notary Public New Jersey My Commission Expires 6 -26 -16 No. 209 ©444 3 SKETCH OF DESCRIPTION EXHIBIT 'V SHEET 1 OF 2 N SEE SHEET 2 OF 2 FOR LEGAL DESCRIPTION it NOTES - �� PARCEL "1" a THE COMMONS (PL A T THIS IS NOT A SURVEY BOOK 57, PAGE 11) THE EAST LINE OF PARCEL "1" IS ASSUMED TO BEAR N.00 °36'54 "W. P.O.B. = POINT OF BEGINNING O.R.B. = OFFICIAL RECORDS z, BOOK ' JW ti J i 1 EA4ENT (PLAT Q I 300K 57, PAGE 11) EASRMANT W g I� 46.00' S89 023'06 "W. W `r'o N No J Q Z CQ 4600' N.89023'06'E z ~ SOUTH R� PARCEL IN � o Cd LT2 RfGNT OF WAY EASE�NT , i i (PLAT BOOK 57, PAGE) CORNER PARCEL 1 i MENCEMENT i AND POINT OF ADDITIONAL RIG'�T OF GEAR pER FLAT BOOK 57 PA E 0 ROAD RIGHT OF WAY PER ROAD PAGE 127 106 R 30 AND O.R.B. g00K 3, PAGES 24_ W E TLANTIC A VENUE A D a rE JUNE 21, 2012 - O'BRIEN, SUITER & O'BRIEN, INC -� CERTIFICATE OF AUTHORIZATION #L B353 SURVEYOR AND MAPPER IN RESPONSIBLE PA UL D. ENGL E CHARGE: PAUL D. ENGL E SURVEYOR & MAPPER J5708 955 N. W 17TH A VENUE SUITE K 1 DELRAY BEACH FLORIDA 33445 ORDER NO. 73 -951 WATER EASEMENT 1 (561) 276 -4501 (561) 732 -3279 0 0 N SKETCH OF DESCRIPTION EXHIBIT ':4 " SHEET 2 OF 2 SEE SHEET 1 OF 2 FOR SKETCH DESCRIPTION.- THA T PORTION OF PARCEL "I" THE COMMONS, ACCORDING TO THE PLA T THEREOF AS RECORDED IN PLA T BOOK 57, PAGE 11 PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS.- COMMENCING A T THE SOUTHEAST CORNER OF SAID PARCEL "l '; THENCE N.0 °3654 "W., ALONG THE EAST LINE OF SAID PARCEL "7'; A DISTANCE OF 20.83 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE N. D °36'54" W., ALONG SAID EAST LINE, A DISTANCE OF 12.00 FEET- THENCE 5.89 023'06 "W., A DISTANCE OF 46.00 FEET, THENCE S 0 °3654 "E., A DISTANCE OF 72.00 FEET- THENCE N.89 °23'06'E, A DISTANCE OF 46.00 FEET TO THE POINT OF BEGINNING. DA TE.- JUNE 21, 2012 ORDER NO 73 -959 WATER EASEMENT a a Z O H a v 0 J t_r Q O 0 O �i 0 0 r � � �M1 Q Q V W LL J Q L) Q J � m Z 0 N O W O p MEMORANDUM TO: Mayor and City Commissioners FROM: Randal L. Krejcarek, P.E., LEED AP, GISP, City Engineer Richard C. Hasko, PE, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: October 22, 2012 SUBJECT: AGENDA ITEM 8.C. - REGULAR COMMISSION MEETING OF NOVEMBER 6, 2012 SERVICE AUTHORIZATION NO. 12- 01/WANTMAN GROUP. INC. ITEM BEFORE COMMISSION This item is before the Commission for approval /authorization for the Mayor to execute Service Authorization (SA) No. 12 -01, with Wantman Group, Inc., for data collection and analysis as well as review of the City's Land Development Regulations (LDR's) related to drainage requirements. Cost of this SA is $17,987.00. BACKGROUND Staff has been dealing with in -fill development's impact, especially on the barrier island, on existing development adjacent to the in -fill project. These types of redevelopment have caused unintended consequences in that older, lower lying properties, have experienced standing water after storms. Prior to the in -fill redevelopment, no such standing water was experienced. As such staff met with one of our consultants currently under contract, which has extensive experience in drainage issues, to see if a comprehensive approach can be taken to address this issue. The attached SA includes two tasks; the first task includes the usage of LiDAR (Light Detection and Ranging) technology to assist in determining where the lower lying areas on the barrier island exist. LiDAR technology is an aerial survey that offers one of the most accurate, expedient and cost - effective ways to capture elevation information. The second task includes a review of the City's current LDR requirements related to drainage. The City's current drainage LDR requirements will be compared to six other similar municipalities in south Florida. Attached is a copy of the SA. FUNDING SOURCE 448 - 5461 - 538.31 -30 (after transfer) RECOMMENDATION Staff recommends approval. CONSULTING SERVICE AUTHORIZATION DATE: SERVICE AUTHORIZATION NO. 12- 01 FOR CONSULTING SERVICES CITY P.O. NO. CITY EXPENSE CODE TITLE: Barrier Island Drainage Study (Project #13 -053) - Survey Data Collection and Municipal Code Research. This Service Authorization, when executed, shall be incorporated in and shall become an integral part of the Contract executed January 24th, 2012. Title: Agreement for General Consulting Engineering Services I. PROJECT DESCRIPTION Survey Data Collection and incorporation of the data into City's data base. Review of Land Development codes in municipalities with similar development /re- development patterns and drainage issues. Prepare information for presentation to the City. II. SCOPE OF SERVICES Phase I - Survey Data Collection, Exhibit Preparation and Land Development Code Review A.Survey Data Collection and Field Verification Goal: Identify those areas on the Barrier Island that are lower than their surroundings so that we can be proactive in identifying possible infrastructure improvements. Compile relevant Florida Division of Emergency Management LiDAR (Light Detection and Ranging) data within the project limits and reduce to "bare earth" classification. LiDAR data is a rough aerial survey of portions of coastal Florida conducted by the Florida Department of Emergency Management in 2009. LiDAR technology offers one of the most accurate, expedient and cost - effective ways to capture elevation information. A sensor mounted in an aircraft measures the distance to a target - in this case ground features - by illuminating the target with pulses from a laser. The time it takes for the pulse to leave the sensor, ® Wanf nan Group, Inc. reflect from the target, and return to the sensor determines the distance to the target from the sensor. The individual LiDAR datasets that will be used in this study are comprised of millions of data points (or pulses) and provide a reasonably accurate and highly detailed representation of the ground conditions at the time of the survey. This information and depiction of the conditions within the study area will be used for the elevation study described in the proposal. The laser pulse reflects off the first feature it encounters. These features could be rooftops, vegetation, vehicles, etc. "Bare earth classification" refers to a class of data points which are confirmed to have been returned from pavement, sidewalks, or other natural ground. The effort described in the proposal refers to removing all data points which are not representative of ground elevations to provide a "bare earth" classification elevation dataset. These points will be converted into a surface map which provides the best representative depiction of the ground elevation throughout the large study area with minimal field surveying effort. Elevation changes within the project area will be depicted using field calibrated "bare earth" LiDAR datasets in a color coded exhibit. An exhibit will be prepared on a 24 "x36" scaled map with appropriate color ramping applied to the LiDAR derived elevation data so as to display elevation changes to .5 feet relative accuracy. LiDAR data shall be overlaid upon recent Palm Beach County aerial photography, City of Delray Beach drainage infrastructure data (as provided by the client), and Palm Beach County Property Appraiser parcel map data. Three (3) exhibits shall be provided. The City of Delray Beach accepts that Wantman Group, Inc. will be leveraging pre- existing and freely available datasets for the purpose of providing a planning drainage needs analysis, and that the accuracy of these datasets as provided cannot be guaranteed. The Client further accepts that any maps, exhibits, or digital data provided under this phase of the project should not be used for detailed engineering design plans or calculations. B. Land Development Code Review Review of the City of Delray Beach Land Development Code as it relates to stormwater regulations and Land Development Regulations for future development. Review other municipal land development codes similar in character to the City of Delray Beach. Review the regulations, codes and processes on how these other municipalities regulate stormwater runoff and storage requirements for new "in- fill" development. WGI will review a minimum of six (6) different municipal codes in the South Florida area. Prepare a report on the findings of the code research. ® Wantman Group, Inc - 2 - Phase II - Preliminary Design Phase: Not Applicable Phase III - Final Design Phase: Not Applicable Phase IV - Bidding /Negotiation Phase: Not Applicable Phase V - Construction Phase: Not Applicable Permitting Not Applicable Other Services: Not Applicable III. 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 Phase I - Surveying Data Collection Code Research and Review Phase II - Not Applicable Phase III - Not Applicable Phase IV - Not Applicable Other Services - Not Applicable Reimbursables - (Lump Sum) Estimated Fees $10,900.00 $6,329.00 0.00 0.00 0.00 0.00 $ 758.00 Total Compensation - $17,987.00 Wantman Group, Inc - 3 - IV. COMPLETION DATE (See attached time line schedule) This service authorization is approved contingent upon the City's acceptance of and satisfaction with the completion of the services rendered in the previous phase or as encompassed by the previous service authorization. If the City in its sole discretion is unsatisfied with the services provided in the previous phase or service authorization, the City may terminate the contract without incurring any further liability. WGI shall commence work on any service authorization approved by the City to be included as part of the contract without a further notice to proceed. Approved by: CITY OF DELRAY BEACH: Date Mayor Attest: Approved as to Legal Sufficiency and Form WGI: Wantman Group, Inc. Date by: (Seal) Witness Witness BEFORE ME, the foregoing this day of 2012, was acknowledged by on behalf of the and executed the same free and for the purpose there -in e: instrument, Corporation said person voluntarily ,,pressed. Witness my hand and seal in the County and State a foresaid this day of , 2012. Notary Public State of Florida My Commission Expires sE ® Wantman Group, Inc MEMORANDUM TO: Mayor and City Commissioners FROM: Victor Majtenyi; Deputy Director of Public Utilities Richard C. Hasko, P.E.; Director of Environmental Services Department THROUGH: David Harden; City Manager DATE: October 25, 2012 SUBJECT: AGENDA ITEM 8.D. - REGULAR COMMISSION MEETING OF NOVEMBER 6, 2012 GRANT AWARD/ SFWMD: WATER SAVINGS INCENTIVE PROGRAM ITEM BEFORE COMMISSION Execution of a Purchase Order issued to the City of Delray Beach by the South Florida Water Management District (SFWMD) as acceptance of a grant in the amount of $35,945.00 under the District's Water Savings Incentive Program (WaterSIP) for providing supplemental funding for the installation of Automatic Water Main Flushing Devices, P/N 2011 -036. BACKGROUND During July 2012, staff was notified by the District that their WaterSIP program was acceptir applications for qualifying projects proposed for construction in fiscal year 2013. The grantees cou] potentially receive 50% matching funds, up to a maximum amount of $50,000. The grant submissic deadline date was August 1, 2012. During the annual CIP process, staff developed a project to install automatic water line flushing devices at an approved budget amount of $100,000. Currently, the City estimates using over 39 million gallons of water a year flushing fire hydrants for the purpose of maintaining water quality. After reviewing the grant application, staff felt this project met the qualifying criteria for consideration under the grant. Thus, staff submitted a project which consists of installing nineteen (19) automatic water line flushing devices on selected water mains located within the City's utility service area. The proposed project would target areas where historically frequent fire hydrant flushing is performed, primarily at the extremities of the system where water mains dead -end. Staff estimates that the project would provide an annual reduction in water usage by 4.36 million gallons per year. Specifically, the project consists of identifying the areas for installation, developing contract documents, and solicitation of qualified contractors for the installation of the automatic flushing devices. As the project progresses, future contract awards for material, equipment and labor may be presented to Commission for consideration and approval. At the District's September 2012 meeting, they approved their list of grant recipients which included the City of Delray Beach for the installation of Automatic Water Line Flushing Devices in the amount of $35,945. Staff requests Commission accept the grant award and authorize the Mayor to execute the Purchase Order from the District. RECOMMENDATION Staff recommends City Commission accept the grant award and authorize the Mayor to execute the Purchase Order from the District. SOUTH FLORIDA WATER MANAGEMENT DISTRICT September 19, 2012 Mr. Richard C. Hasko, P.E. City of Delray Beach Environmental Services Department 434 South Swinton Avenue Delray Beach, FL 33444 01c4r- Dear NU.,- asko: Subject: Fiscal Year 2013 Water Savings Incentive Program Award Project: Automatic Line Flushing Devices The South Florida Water Management District (District) would like to take this opportunity to express our appreciation for your interest in the Fiscal Year 2013 Water Savings Incentive Program. After careful consideration of your written application, the District is pleased to inform you funding in the amount of $35,945 has been approved by our Governing Board at their September 13, 2012 meeting. You will be receiving a Purchase Order in the mail for this project within four weeks. The Purchase Order will need to be signed by an individual with signature authority on behalf of your organization. If for any reason the City of Delray Beach will not be implementing this project, please send written notification before 4:00 p.m. on October 12, 2012. We appreciate your commitment to water conservation and look forward to working with you on this important project. If you have any questions, or need additional information, please contact Stacey Adams at (561) 682-2577 o.r sadarri�s sfyvmd.gov. Sincerely, Mark E. Elsner, P.E., Section Administrator Water Supply Development Water Supply Bureau ►TAIMAI 1 c: Stacey Adams, SFWMD, MSC 3311 3301 Gun Club Road, West Palm Beach, Florida 33406 • (561) 686 -8800 • FL WATS 1 -800- 432 -2045 Mailing Address: P O. Box 24680, West Palm Beach, FL 334164680 • wwwsfwmd.gov South Florida Water Management District P.O. Box 24680 West Palm Beach, FL 33416 -4680 Telephone (561) 686 -8800 PURCHASE ORDER FLORIDA SALES TAX EXEMPTION #85- 80131498590 -9 FEDERAL TAX EXEMPT #59- 74 -0072K PRICES QUOTED INCLUDE SHIPPING CHARGES 1 4500070149 UNLESS OTHERWISE STIPULATED BELOW. PAGE NO. DATE OF ORDE 1 of 2 10/17/2012 VENDOR NO. PURCHASING AGENT PHONE F.O.B. 100860 J. HARRIS - FITZROY 561- 682 -2298 DESTINATION PAY WITHIN 30 DAYS NET. DELIVERY DATE 09/30/2013 CONFIRM NO Line DELRAY BEACH CITY OF Unit SOUTH FLORIDA WATER MANAGEMENT DISTRICT Unit Price 100 NW 1STAVE S SFWMD: HEADQUARTERS V DELRAY BEACH FL 33444 -2612 H 3301 GUN CLUB ROAD E Tel: 561- 243 -7336 Fax: 561- 243 -7199 1 WEST PALM BEACH FL 33406 N ATTN: RICHARD C. HASKO, P.E. P INCENTIVE D APPLICATION DATED JULY 31, 2012 B VICTOR MAJTEN I, O DEPUTY T OF PUBLIC UTILITIES. R LINE ITEMS OF YOUR INVOICE MUST MATCH O ITEM NUMBERS ON THIS DOCUMENT WITi LINE Line Quantity Unit Part Number and Description Unit Price Total Amount PRICING PER THE CITY OF DELRAY BEACH( IT ) APPLI ATI N FOR THE SOUTH FLORI A WAT R MANAGEMENT DISTRICT'S (DISTRICT) FY20 3 WATER SAVINGS INCENTIVE PROGRAM APPLICATION DATED JULY 31, 2012 B VICTOR MAJTEN I, DEPUTY DIRECTOR OF PUBLIC UTILITIES. THE CITY WITi DISTRICT FUNDING SUPPORT SHALL INSTALL NINETEEN (9) AUTO ATIC P TABLE WATER LINE FLUSHING DEVICES AT LOCATIONS NEAR THE P RIMET R OF THE DISTRIBUTION SYSTEM WHERE W TER MAINS WATER MAINE DEAD -E D, SUCH AS CUL -DE SACS AND /OR DEAD -E JD STREETS EXI T. WHEN COMPLETED, THE CITY ANTICIPATES AN ANNUAL RE UCTION IN WAT R USAG OF 4.3E MILLION GALLONS PER YEAR. THE CITY SHA L IMPLEMENT TF IS PROGRAM IN ACCORDANCE WITH EXHIBIT "A ", STATEMENT OF WORK HERE 3Y REFE ENCED AND MADE A PART OF THIS PURCHASE ORDER, IN ADDITIC N, EXHIB T "B ", S MMARY SCHEDULE OF TASKS AND DELIVE BLES; EXHIBIT FY201 SFWMEI WATER SAVINGS INCENTIVE PROGRAM COO ERATIVE FUNDI G QUARTERLY STATUS REPORT FORM; EXHIBIT "D ", PROJECT SUMMARY REPO - FY201 FORM; AND EXHIBIT "E ", COST BREAKDOWN SUGARY SHEET AIRE HERE Y REFERENCED AND MADE A PART OF THIS PURCHASE ORDER. THE TOTAL R 1MBURESMENT PAYMENT BY THE DISTRICT FOR ALL WO K COMP ETED H =REIN SHALL NOT EXCEED $35,945.00. ALL PAYMENT SUBJECT TO DISTR CT FISCAL YEAR APPROPRIATIONS. THE CITY S ALL CONTRIBUTE FUNDING IN THE AMOUNT OF $64,052.00 OR 64 PERCENT OF ACTUAL COST. 1 1 AU WC- DELRAY BEACH -AUTO LINE FLUSHING 35,945.00 35,945.00 DVCS TH ITEM COVER THE FOLLOWING SERVICES: 10 35,945 EA WC- DELRAYBEACH AUTO LINE FLUSHING DVCS 9.00 35,945.00 DISTR CT CON ACT: STACEY ADAMS AT (561) 682 -2577 NOTE:. Prices displayed govern the purchase order transaction. Page Total 35,945.00 Early payment discount invoices receive priority handling. Grand Total The attached Purchase Order terms & conditions, pages 1 through 2 apply 35,945.00 SEND ALL INVOICES TO: South Florida Water Management District P.O. Box 24682 West Palm Beach, FL 33416 -4682 Authorized Agernt SOUTH FLORIDA WATER MANAGEMENT DISTRICT An Equal Opportunity Employer - M/F /HIV South Florida Water Management District P.O. Box 24680 West Palm Beach, FL 33416 -4680 Telephone (561) 686 -8800 PRICES QUOTED INCLUDE SHIPPING CHARGES UNLESS OTHERWISE STIPULATED BELOW. VENDOR NO. PURCHASING AGENT PHONE 100860 J. HARRIS - FITZROY 561- 682 -2298 PURCHASE ORDER FLORIDA SALES TAX EXEMPTION #85- 80131498590 -9 FEDERAL TAX EXEMPT #59- 74 -0072K PACKAGES PACKING LISTS, INVOICES, AND CORRESPONDENCE. I PAY WITHIN 30 DAYS NET. 4500070149 PAGE NO. DATE OF ORDER EST. DELIVERY C 2 of 2 10/17/2012 09/30/2013 F.O.B. CONFIRMING DESTINATION NO Line DELRAY BEACH CITY OF Unit SOUTH FLORIDA WATER MANAGEMENT DISTRICT Unit Price 100 NW 1ST AVE S SFWMD: HEADQUARTERS V DELRAY BEACH FL 33444 -2612 H 3301 GUN CLUB ROAD E Tel: 561 - 243 -7336 Fax: 561- 243 -7199 1 WEST PALM BEACH FL 33406 N ATTN: RICHARD C. HASKO, P.E. P AGEN D 82 -5327. O ACKNOWLEDGEMENT: T R LINE ITEMS OF YOUR INVOICE MUST MATCH O ITEM NUMBERS ON THIS DOCUMENT LINE Line Quantity Unit Part Number and Description Unit Price Total Amount PLEASE ACKNOWLEDGE RECEIPT AND ACCEPTANCE O THIS PURCHASE ORDER BY SIGNING AND RETURNING A COPY VIA FAX TO THE PURCHASI G AGEN AT 561 82 -5327. ACKNOWLEDGEMENT: DATE: { BY (PF INT OR PE): NOTE: . Prices displayed govern the purchase order transaction. Early payment discount invoices receive priority handling. Page Total 0.00 Grand Total The attached Purchase Order terms & conditions, pages 1 through 2 apply 35,945.00 11) SEND ALL INVOICES TO: South Florida Water Management District Authorized AgenK P.O. Box 24682 SOUTH FLORIDA WATER MANAGEMENT DISTRICT West Palm Beach, FL 33416 -4682 An Equal Opportunity Employer - M /F1H/V WATER SAVINGS INCENTIVE PROGRAM (WATERSIP) PO TERMS AND CONDITIONS This PO (PO) constitutes a binding contract between the South Florida Water Management District (DISTRICT) and the RECIPIENT as named on the PO when accepted by the RECIPIENT either by express acknowledgment or by commencement o {work or shipment without reservations. This PO is entered into between "the Parties," the South Florida Water Management District (SFWMD), the "District," and the undersigned Applicant, hereinafter referred to as the "Recipient" The Recipient warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms and conditions of this Pp, and shalt abide by all legal, financial, and reporting requirements, such as matching funds and final reports for all funding received by the Recipient from the District. PROJECT The Recipient shall, to the satisfaction of the District, fully and timely install and perform all work items described in the "Statement of Work," attached hereto as Exhibit "A," hereinafter referred to as the "Project," and made apart ofthis PO. As part of the services to be provided by the Recipient under this PO, the Recipient shall substantiate, in whatever form reasonably requested by the District, any supporting documentation utilized as a basis for payment by the District. This paragraph shall survive the expiration or termination of this PO. Attached to this PO are the following exhibits, which are incorporated herein: Exhibit A Statement of Work Exhibit B Summary Schedule of Tasks and Deliverables Exhibit C Quarterly Progress Report Form Exhibit D Final Project Summary Report ExhibitE Cost Breakdown Summary Sheet TERM OF THE PO This PO shall commence on October 1 and shall terminate on September 30 of the applicable year as set forth in Exhibit 'B ". All deliverables must be completed and submitted to the District for acceptance in accordance with the schedule set forth in Exhibit "B," Failure to adhere to the Exhibit "B" schedule wit] result in the Recipient not being reimbursed as described as follows in Funding Payments and Reporting. The Parties agree that time is of the essence in the performance of each and every obligation under this PO. COMPENSATION 1 CONSIDERATION As consideration for providing the goods and services required by this PO, the District will pay the Recipient the funding amount as specified on the first page of this PO. Such amount is a not -to -exceed amount and therefore, no additional consideration will be authorized. The Recipient shall provide fifty percent (50 %) or more of the total actual project cost or the percentage set forth in the Summary Schedule of Tasks and Deliverables (Exhibit "B'% with the exception of designated REDf communities. In the event the project scope is achieved to 100 percent (100 %) completion, as outlined in the Statement of Work, and total actual project costs are below the estimated total project cost, the Recipient may be eligible to receive up to the full award amount, as long as the minimum 50 percent (50 %) match of the actual total project cost is met by the Recipient. Payment will be made by the District for work authorized and completed between October 1 and August 30 of the applicable year. The District will not reimburse the Recipient for work that commences prior to October 1 or for work completed after August 30'of the applicable year. The Recipient assumes sole responsibility for all work that is performed pursuant to Exhibit "A." By providing funding hereunder, the District does not make any warranty, guaranty, or any representation whatsoever regarding. any of the work performed hereunder, including, but not limited to, the adequacy or sufficiency of all or any part of work described in Exhibit "A." The Recipient hereby agrees not to use District funding for any work associated with the design and permitting aspects of the Project. District funds will be used only for non - capital costs for the purchase and installation activities described in Exhibit "A." Notwithstanding any provisions of this PO to the contrary, the District reserves the right, without financial or other penalty or obligation, to (1) cancel this PO and/or (2) reduce the amount of funding to be provided by the District pursuant to this PO in the event that the District does not receive all ad valorem funding for the Water Savings Incentive Program. FUNDING PAYMENTS AND REPORTING The District will make payment to the Recipient upon completion and acceptance of the deliverable(s) as described in the Summary Schedule of Tasks and Deliverables, attached hereto as Exhibit "B." The Recipient shall provide certification that all work has been completed in accordance with Exhibit "A" of this PO. The Recipient's invoice(s) shall reference the District's PO Number, and shall be sent to: South Florida Water Management District ATTN: Accounts Payable, PO Box 24682, West Palm Beach, FL 33416 -4682 The Recipient shall not submit an invoice to any other address at the District. In order to expedite the invoice review and approval process, the Recipient also shall submit a copy of each invoice to the Project Manager along with the backup documentation necessary (e.g., copy of Recipient invoice, signed completion letter, vendor invoices, documented in -kind contributions) for the Project Manager to be able to ascertain clearly that each deliverable in the invoice has been completed. The Recipient shall submit the final reimbursement request package on or before August 30 of the applicable year. The District will have the right to inspect all work and review final reports before authorization of payment is made to the Recipient. It is the policy of the District that payment for all goods and services will be made in a timely manner and that interest payments are made on late payments. In accordance with Florida Statutes (F.S,), Section 218.70, Florida Prompt Payment Act, a 'roper" invoice is defined as an invoice that conforms to all statutory requirements and all District requirements as set forth in the PO for invoice submission. The time at which payment is due from the District will be forty - five (45) days from receipt of a proper invoice and acceptance of services and/or deliverables, based on compliance with the statutory requiremcuts set forth in Section 218.70, F.S. and upon satisfaction of the District conditions as detailed in the PO. Failure of the Recipient to follow the instructions set forth in the PO regarding a proper invoice and acceptable services and/or deliverables may result in an unavoidable delay in payment by the District. All payments due from the District for a proper invoice and acceptable services and/or deliverables and not made within the time specified in this section will bear interest from thirty -days (30 -days) after the due date at the rate of one percent (1 %) per month on the unpaid balance. The Recipient shall invoice the District for payment of any accrued unpaid interest. Upon award of the PO, the Recipient shall provide to the District a detailed schedule of the Project. The Recipient shall provide to the District quarterly progress reports summarizing a brief description of the current status of the Project, and the extent of Project completion. Upon request by the district, the Recipient shall provide as supporting documentation, all work products associated with the completion of the tasks designated in the Work Breakdown Structure and Summary Schedule of Tasks and Deliverables in the Statement of Work, Exhibit "A," attached to this PO. In no event, shalI the District's total obligation exceed the amount specified in Exhibit "B" for this PO. CONTRACT MANAGEMENT The Parties shall direct all matters arising in connection with the performance of this PO to the attention of the Project Manager for attempted resolution or action. The Project Manager will be responsible for overall coordination and oversight relating to the performance of this PO. All notices, demands, or other communications regarding this PO, shall be in writing and forwarded to the attention of both the Project Manager and the Purchasing Specialist noted on the first page of this PO by certified mail, return receipt requested. Invoices shall be handled as explained above. Should either party change its address, written notice of such new address shall promptly be sent to the other party. All correspondence to the District under this PO shall reference the District's PO Number. TERMINATION / REMEDIES It is the policy of the District to encourage good business practices by requiring recipients to materially perform in accordance with the terms and conditions of the PO. In accordance with Chapter 40E -7, Part 11 of the Florida Administrative Code, "Material Breach" is defined as any substantial, unexcused non - performance by failing to perform an act that is an important part of the transaction or performing an act inconsistent with the terms and conditions of the PO. If the Recipient materially fails to fulfill its obligations under this PO, the District will provide written notice of the deficiency by forwarding a Cure Notice citing the specific nature of the material breach. The Recipient shall have thirty -days (30 -days) to cure the breach. If the Recipient fails to cure the breach within the thirty -day (30 -day) period, the District will issue a Termination for Default Notice. Once the District has notified the Recipient that it has materially breached its contract with the District, by sending a Termination for Default Notice, the District's Governing Board will determine whether the Recipient should be suspended from doing future work with the District, and if so, for what period of time. The District's Governing Board will consider the factors detailed in Chapter 40E -7, Part I1 of the Florida Administrative Code in making a determination as to whether a Recipient should be suspended, and if so, for what period of time. Should the District terminate for default in accordance with this provision, the District will he entitled to recover procurement costs in addition to all other remedies under law and/or equity. The District may terminate this PO at any time for convenience upon thirty - calendar days (30- ealcadar days) prior written notice to the Recipient. The performance of work under this PO may be terminated by the District in accordance with this clause in whole, or from time to time in part, whenever the District will determine that such termination is in the best interest of the District. Any such termination will be effected by delivery of a Notice of Termination to the Recipient, specifying the extent to which performance of work under the PO is terminated, and the date upon which such termination becomes effective. In the event of termination, the District will compensate the Recipient for all authorized and accepted work performed through the termination date. The District will be relieved of any and all future obligations hereunder, including, but not limited to, lost profits and consequential damages under this PO. The District may withhold all payments to the Recipient for such work until such time as the District determines the exact amount due to the Recipient. In the event a dispute arises, which the Project Managers cannot resolve between themselves, the Parties shall have the option to submit to non - binding mediation. The mediator or mediators shall be impartial, shall be selected by the Parties, and the cost of the mediation shall be borne equally by the Parties. The mediation process shall be confidential to the extent permitted by law. RECORDS RETENTION The Recipient shall maintain records and the District will have inspection and audit rights as follows: A. Maintenance of Records. The Recipient shall maintain all financial and non- financial records and reports directly or indirectly related to the negotiation or performance of this PO, including supporting documentation for any service rates, expenses, research or reports. Such records shall be maintained and made available for inspection for a period of five (5) years from completing performance and receiving final payment under this PO. B. Examination of Records. The District or its designated agent will have the right to examine in accordance with generally accepted governmental auditing standards all records directly or indirectly related to this PO. Such examination may be made only within five (5) years from the date of final payment under this PO and upon reasonable notice, time, and place. C. Extended Availability of Records for Leal Disputes. In the event the District should become involved in a legal dispute with a third party arising from performance under this PO, the Recipient shall extend the period of maintenance for all records relating to the PO until the final disposition of the legal dispute, and all such records shall be made readily available to the District. D. Periodic Audits. The District will perform audits periodically to ensure funding objectives are being met. STANDARDS OF COMPLIANCE The Recipient, its employees, subcontractors or assigns, shall comply with all applicable federal, state, and local laws and regulations relating to the performance of this PO. The District undertakes no duty to ensure such compliance, but will attempt to advise the Recipient upon request, as to any such laws of which it has present knowledge. The laws of the State of Florida shall govern all aspects of this PO. In the event it is necessary for either party to initiate legal action regarding this PO, venue shall be in the Fifteenth Judicial Circuit for claims under state law and in the Southern District of Florida for any claims, which are justifiable in federal court. The Recipient shall allow public access to all project documents and materials in accordance with the provisions of Chapter 119, Florida Statutes. Should the Recipient assert any exemptions to the requirements of Chapter 119 and related Statutes, the burden of establishing such exemption, by way of injunctive or other relief as provided by law, shall be upon the Recipient. Pursuant to Section 216347, Florida Statutes, the Recipient is prohibited from the expenditure of any funds under this PO to lobby the Legislature, the judicial branch, or another state agency. The Recipient shall obtain, at its sole expense, all necessary licenses, authorizations, and permits from the appropriate private party or federal, state, municipal or local agency, and other governmental approvals, prior to commencing performance of this PO. A delay in obtaining permits shall not give rise to a claim by the Recipient for additional compensation. If the Recipient is unable to obtain all necessary permits in a timely manner, either parry may elect to terminate this PO, each party to bear its own costs, notwithstanding other provisions of this PO to the contrary. The Recipient hereby assures that no person shall be excluded on the grounds of race, color, creed, national origin, handicap, age, or sex, from participation in, denied the benefits of, or is otherwise subjected to discrimination in any activity under this PO. The Recipient shall take all measures necessary to effect these assurances. The Recipient hereby assures that it is not on the State's Convicted Vendor List, or the District's Suspension of Contracts List. INDEMNIFICATION AND INSURANCE For value received, which is hereby acknowledged, the Recipient shall subject to the limits permitted in Florida Statute 768.28, defend, indemnify, save, and hold the District, its afficers, directors, board members, agents. assigns, and employees harmless from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentionally wrongful conduct of the Recipient and other persons employed or utilized by the Recipient in the performance of the PO. The District shall have the right to approve counsel selected by the Recipient to defend the District in the event the District is named in any legal action. Pursuant to section 768 28, Florida Statutes, nothing, herein shall require Recipient to be liable for intentional or reckless acts or for actions committed in bad faith or malicious purpose or in a manner exhibiting wanton and willful disregard of human rights, safety, or property. However, nothing contained here shall constitute a waiver by the Recipient of its sovereign immunity or the provisions of F.S. 768.28 The Recipient further acknowledges that it is solely responsible for ensuring its compliance and the compliance of its subcontractors, suppliers, agents, assigns, invitees, and employees with the terms of this PO. This paragraph shall survive the expiration or termination of this PO. RELATIONSHIP BETWEEN THE PARTIES 'ne Recipient shall be considered an independent contractor and neither party shall be considered an employee or agent of the other party. Nothing in this PO shall be interpreted to establish any relationship other than that of an independent contractor between the Parties and their respective employees, agents, subcontractors, or assigns during or after the performance of this PO, Both parties are free to enter into contracts with other parties for similar services. The Recipient shall not assign, delegate or otherwise transfer its rights and obligations as set forth in this PO without the prior written consent of the District. Any attempted assignment in violation of this provision will be void. It is the intent and understanding of the Parties that this PO is solely for the benefit of the Recipient and the District. No person or entity other than the Recipient or the District shall have any rights or privileges under this PO in any capacity whatsoever, either as third party beneficiary or otherwise. GENERAL PROVISIONS Notwithstanding any provisions of this PO to the contrary, the Parties shall not be held liable for any failure or delay in the performance of this PO that arises from fires, floods, strikes, embargoes, acts of the public enemy, unusually severe weather, outbreak of war, restraint of government, dots, civil commotion, force majeure, act of God, or for any other cause of the same character that is unavoidable through the exercise of due care and beyond the control of the Parties. Failure to perform shall be excused during the continuance of such circumstances, but this PO shall otherwise remain in effect. This provision shall not apply if the Statement of Work — Exhibit "A' of this PO specifies that performance by the Recipient is specifically required during the occurrence of any of the events herein mentioned_ Any inconsistency in this PO shall be resolved by giving precedence in the following order: A. PO Terms and Conditions. 13. Exhibit "A" Statement of Work. C. Application D. All other exhibits, attachments, and documents specifically incorporated herein by reference. Failures or waivers to insist on strict performance of any covenant, condition, or provision of this PO by the Parties, their successors and assigns shall not be deemed a waiver of any of its rights or remedies, nor shall it relieve the other party from performing any subsequent obligations strictly in accordance with the terms of this PO. No waiver shall be effective unless in writing and signed by the Party against whom enforcement is sought, Such waiver shall be limited to provisions of this PO specifically referred to therein and shall not be deemed a waiver of any other provision. No waiver shall constitute a continuing waiver unless the writing states otherwise. Should any term or provision of this PO be held, to any extent, invatid or unenforceable, as against any person,, entity or circumstance during the term hereof, by force of any statute, law, or ruling of any forum of competent jurisdiction, such invalidity shall not affect any other term or provision of this PO, to the extent the PO shall remain operable, enforceable, and in full force and effect to the extent permitted by law. This PO may be amended only with the written approval of the Parties. All publicity /outreach media will be jointly planned by the Recipient and the District and any and all materials, events, or endorsements arising out of this award will require prior District approval. This PO states the entire understanding and PO between the Parties and supersedes any and all written or oral representations, statements, negotiations or POs previously existing between the Parties with respect to the subject matter of this PO. The Recipient recognizes that any representations, statements or negotiations made by District staff do not suffice to legally bind the District in a contractual relationship unless they have been reduced to writing and signed by an authorized District representative. This PO shall insure to the benefit of and shall be binding upon the Parties, their respective assigns, and successors in interest. EXHIBIT "A" STATEMENT OF WORK Automatic Line Flushing Devices City of Delray Beach A. Introduction /Background The City of Delray Beach Utilities Division (City or Recipient) conducts routine fire hydrant flushing on its potable distribution system to maintain water quality. Depending on the area, flushing may be performed monthly. Water quality becomes especially challenging during summer months when temperatures increase and when the demand declines due to our seasonal population. In addition, water quality issues increase when irrigation restrictions are in effect. Flushing fire hydrants to move water helps reduce water age in the system. Hydrant flushing is conducted utilizing in- house, and/or contract resources, where hydrants are manually opened and flowed for a specific amount of time. Usually, this is performed at the extremities of the water distribution system. The division also performs a super disinfection process at least twice a year where all of the City's hydrants are flushed at least once during the process. Staff estimates that it uses approximately 39.2 million gallons a year (MGY) flushing hydrants. The purpose of this project is to reduce the amount of water used in flushing activities. Nineteen (19) automatic flushing devices are proposed at specific dead -end water main locations. The estimated water savings are 4.36 MGY. This will be the City's first project installing multiple automatic flushing devices system -wide. The division hopes to commit future funding for installation of automatic flushing devices on an annual basis as part of its capital improvement program. B. Objectives The objective is reduce the amount of water the City currently uses in manually flushing fire hydrants, as well as, improving water quality issues and potentially leads to a reduction in resource levels currently committed to fire hydrant flushing. C. Scope of Work The City will purchase and install 19 automatic potable water line flushing devices and install them at locations near the perimeter of the distribution system where water mains dead -end, such as cul -de -sacs and /or dead -end streets. The units will be similar to the Hydro -Guard model HG -1 or equivalent. Each new flushing device shall be programmed to allow water to flow for 15 minutes at a rate of 139 gallons per minute, two to three times per week, with an estimated weekly flow of 6,210 gallons. These devices are expected to result in an estimated annual water savings of 4.36 MGY. Purchase Order No. 4500070149, Exhibit "A" , statement of Work - Page 1 of 2 The City proposes to purchase automatic line flushing devices through a competitive bid process or through an active municipal cooperative agreement, complying with City Purchasing guidelines. Installation of the automatic line flushing devices to designated locations will also be through a competitive bid process or an active municipal cooperative, complying with City Purchasing guidelines. Locations having priority consideration will be areas where the City currently commits high resource levels for flushing fire hydrants and areas exhibiting low potable demand due to a fluctuating seasonal population. In kind services are not part of this scope of work. D. Work Breakdown Structure The work breakdown structure associated with this project is described below. Note that if the project is complete prior to the due date of a Status Report (Tasks 1 -3), then Exhibit "D" shall replace the Status Report and subsequent Status Reports shall not be required. Task 1 — Exhibit "C Quarterly Status Report_ Recipient shall submit to the project manager a status report summarizing progress made to date, issues of concern potentially affecting project performance, and any other information pertinent to the project. Due Date: December 31, 2012 Task 2 — Exhibit "C" Quarterly Status Report: Recipient shall submit to the project manager a status report summarizing progress made to date, issues of concern potentially affecting project performance, and any other information pertinent to the project. Due Date: March 31, 2013 Task 3 — Exhibit "C" Quarterly Status Report: Recipient shall submit to the project manager a status report summarizing progress made to date, issues of concern potentially affecting project performance, and any other information pertinent to the project. Due Date: rune 30, 2013 Task 4: Recipient shall purchase and install 19 automatic line flushing devices at dead -end locations within the City's water distribution system.. Due Date: August 30, 2013 Task 5 Reimbursement Package & Project Summa Sheet Exhibit "D"). Recipient shall submit to the project manager the reimbursement request package, to include but not limited to, signed certification letter that the project is complete per the contract, copies of vendor invoices, Exhibit "E Cost Breakdown with documented man- hours, other in -kind services and any other documentation supporting payment. Due Date: August 30, 2013 Purchase Order No. 450007 0149, Exhibit' P:' , statement of Work - Page 2 of 2 EXHIBIT `B" SUMMARY SCHEDULE OF TASKS AND DELIVERABLES Automatic Line Flushing Devices City of Delray Beach • A summary deliverable schedule associated with this project is set forth below. • The Recipient shall submit all deliverables to the District's project manager. All deliverables submitted hereunder are subject to review by the District. The Recipient hereby agrees to provide the District all deliverables, data and information described in the Statement of Work. ■ The Recipient shall provide quarterly progress reports summarizing a brief description of the current status of the project and the extent of project completion. Progress reports are due within 10 days of the due dates: December 31, 2012; March 31, 2013 and June 30, 2013. Reports will provide detail on the progress of the project and outline any potential issues affecting project completion. Progress reports shall be submitted on the Quarterly Status Report, attached hereto as Exhibit "C ". • Reimbursement Request Packages shall include but not limited to, a copy of Recipient's invoice, signed certification letter that task(s) are complete per the contract, Exhibit "D" Project Summary Report, copies of vendor invoices, Exhibit "E" Cost Breakdown Sununary2 with documented man - hours, other in -kind services3, and any other documentation supporting payment. Timely payment of invoices shall be contingent upon the District's review and acceptance of all invoice(s). Final payment is subject to the final project cost. The Reimbursement Request Package shall be submitted on or before August 30, 2013. • Total reimbursement payment by the District for all work completed herein shall not exceed the amount of $35,945.00. All payments are subject to District fiscal year appropriations. The Recipient shall contribute funding in the amount of $64,052.00 or approximately 64 percent of actual costs. If the total consideration for this Agreement is subject to multi -year funding allocations, funding for each applicable fiscal year of this Agreement will be subject to Governing Board budgetary appropriation. In the event the District does not approve funding for any subsequent fiscal year, this Agreement shall terminate upon expenditure of the current funding, notwithstanding other provisions in this Agreement to the contrary. Purchase Order No. 4500070149, Exhibit "B" - Page 1 of 2 Total District Funding $35,945.00 Total Project Cost $99,997.00 'The deadline for the Reimbursement Request Package submittal is on or before August 30, 2013 for reimbursement, no exceptions. 2Exhibit "E ", Cost Breakdown Summary sheet will be sent electronically for Recipients use during the contract period. 3In -kind services do not include, but are not limited to, educational programs and materials, such as coloring books, stickers, etc.; waived fees; or an individual's entire annual salary. Purchase Order No. 4500070149, Exhibit `B" - Page 2 of 2 sl I"sl�.0 x r �IkfDTC£' I)dt elflrt:ildt Nvt -To # Exccd ,._ .. ...._mod.,.... _ �._ _... ,,, ,... „ ._ _ ....._..... . 1 Exhibit "C" — Quarterly Status NIA December 31, 2012 NIA Report 2 Exhibit "C" Quarterly Status NIA March 31, 2013 NIA Report 3 Exhibit "C" — Quarterly Status N/A June 30, 2013 NIA Report Purchase and install 19 automatic 4 line flushing devices at dead -end August 30, 2013 August 30, 2013 $35,945.00 locations within the City's water distribution system Reimbursement Request Package 5 & Project Summary Report August 30, 2013 August 30, 2013 NIA (Exhibit "D ") Total District Funding $35,945.00 Total Project Cost $99,997.00 'The deadline for the Reimbursement Request Package submittal is on or before August 30, 2013 for reimbursement, no exceptions. 2Exhibit "E ", Cost Breakdown Summary sheet will be sent electronically for Recipients use during the contract period. 3In -kind services do not include, but are not limited to, educational programs and materials, such as coloring books, stickers, etc.; waived fees; or an individual's entire annual salary. Purchase Order No. 4500070149, Exhibit `B" - Page 2 of 2 EXHIBIT "C" FY 2013 SOUTH FLORIDA WATER MANAGEMENT DISTRICT WATER SAVINGS INCENTIVE PROGRAM COOPERATIVE FUNDING QUARTERLY STATUS REPORT Purchase Order (PO) 9: 4500070149 Reporting Quarter: 1 ❑ 2 ❑ 3 ❑ 4 ❑ Project Title: Automatic Line Flushing Devices Funding Recipient: City of Delray Beach Installations/Rebates per PO: 19 Other requirements per PO: Installations/Rebates to date: Percent Complete to date: Overall status of project (check one): On Schedule Behind Schedule (Explain why and if the scope will be completed by 8130113) Project summary (to date): Recommended Actions: Submitted by: Title: E -mail: Date: Report Submittal and/or Questions: Please e-mail Stacey Adams at sadam d qov SFWMD Staff Only: Date Received: by: Project Status: ❑ Commenced ❑ On Schedule ❑ Behind Schedule ❑ Completed ❑ Closed SOUTH FLORIDA WATER MANAGEMENT DISTRICT 2012 — 2013 WATER SAVINGS INCENTIVE PROGRAM FUNDING PROGRAM EXHIBIT "D" Project Summary Report — FY2013 Automatic Line Flushing Devices Project Title P04500070149 SFWMD Purchase Order Number Recipient Project Manager City of Delray Beach Recipient Name (Project Owner) Project Start Proposed Water of Water Savings Incentive Proiect Date Project End Date Savings Was the original project scope fulfilled per the District Purchase Order? ❑ Yes ❑ No If no, provide an explanation below. Contract Amounts Actual Costs Total Project Cost $99,997.00 S District Funding $35,945.00 $ Local Funds $64,052.00 S Other Funding Source / In -kind Services From: $ S TOTAL PROJECT COST $99,997.00 To the best of my knowledge, the above information is correct Entity Project Manager - All supporting documentation is to be included to support Actual Costs and Actual Water Savings for this project as specified in the deliverables table. Supporting documentation is to include but not limited to, copy of Entity invoice, Entity signed completion letter, copies of vendor invoices, Exhibit "E" with documented man - hours, other in -kind services, and any other documentation supporting payment. Purchase Order No. 4500070149, Exhibit "D" - Page 1 of 2 Please provide a brief project summary below. Please feel free to continue your answer on additional sheets if necessary. Project Overview: Provide a brief project summary below. Feel free to continue your responses on additional sheets if needed. Describe original scope of work verses what was actually completed. If applicable, explain why the original scope was not completed. If your project scope was completed under budget, please briefly explain why. How was this Project executed /implemented? Device Purchased and Installed / Rebates Processed Number of Devices / Rebates Proposed in Application Number of Device 1 Rebates Actually installed 1 Processed Number of Dwelling Units (residences) or Facilities Affected Cost per unit Total Cost Estimated Water Savings: Show how estimated water savings for this Project was calculated if actual water savings are not available. To the best of my knowledge, the above information is correct Entity Project Manager - All supporting documentation is to be included to supportActual Costs and Actual Water Savings far this project as specified in the deliverables table. Supporting documentation is to include but not limited to, copy of Entity invoice, Entity signed completion letter, copies of vendor invoices, Exhibit "E" with documented man - hours, other in -kind services, and any other documentation supporting payment. Purchase Order No. 4500070149, Exhibit "D" - Page 2 of 2 Exhibit "E" Cost Breakdown Summary Sheet Purchase Order Number: Entity Name: City of Delray Beach Project Name: Automatic Line Flushing Devices Original Projected Scope - October 1, 2012 - August 30, 2013 No. of Units Cost per Unit Total Cost Purchase & Install Automatic Line Flushing 19 $5,263.00 $99,997.00 Devices $0.00 $0.00 Total 19 $99,997.00 Original Projected In -kind - October 1, 2012 - August 30, 2013 No. of Units Cost per Unit Total Cost NONE $0.00 $0.00 $0.00 Total in -kind services & contributions 0 $0.010 Total projected by City of Delray Beach $99,997.00 Actual Equipment Purchased & Installed - October 1, 2012 - August 30, 2013 No. of Units Cost per Unit Total Cost 0 $0.00 $0.00 $0.00 $0.00 Total Purchased & Installed 0 $0.00 Actual Entity In -kind Services & Contributions - October 1, 2012 - August 30, 2013 No. of Units Cost per Unit Total Cost staff -- - 0 $0.00 $0.00 Staff 0 $0..00 $0.00 staff 0 $0.00 $0.00 Materials 0 $0.00 $0,001 Total in -kind services & contributions so= Total spent by City of Delray Beach $0.00 $QOt} Original Funding as listed on Exhibit B $35,945 Original Scope Total $99,9971 Recipient percentage of funding as listed on Exhibit B 64 %! District percentage of funding 36% Actual Expenditures $0 Project Cost to Receipient after District funding $0 District funding $0 *funding not to exceed 50% of actual cost, amount awarded, or $50,000 whichever is less MEMORANDUM TO: Mayor and City Commissioners FROM: Rafael Ballestero, Deputy Director of Construciton Richard C. Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: October 19, 2012 SUBJECT: AGENDA ITEM 8.E. - REGULAR COMMISSION MEETING OF NOVEMBER 6, 2012 CONTRACT CLOSEOUT (C.O. NO. 1/FINAL)/ WEST CONSTRUCTION, INC. ITEM BEFORE COMMISSION This item is before the Commission to approve a Contract Closeout (Change Order No. 1 /Final) in the net deduct amount of ($6,067.95) and final payment amount of $10,622.05 to West Construction, Inc. for completion of the Delray Beach Heights Swales Project #12 -060. BACKGROUND On June 5, 2012 Commission approved a contract award in the amount of $58,900.00 to West Construction, Inc. The project consisted of the construction of 6" deep roadside swales with a specific scope of work that included clearing and grubbing, roadside swale grading, sodding, and maintenance of traffic. Street segments included SW 8th St., SW 11th Ter., SW 11th Ave. and SW 10th Ave.; which are located within the Delray Beach Heights Neighborhood. Change Order No. 1 includes an additional cost of $5,932.05 for an additional 454 SY of swale grading and sodding; the work was constructed per plan; however, the final field measurement exceeded the contract quantity. A cost breakdown is attached for your reference. This cost will be paid from unused project contingency line items. Change Order No. 1 includes plus and minus quantity adjustments and liquidates the residual from contingency allowances. All changes for the project are itemized on the attached Schedule "A ". The project is complete and all closeout documentation has been received. FUNDING SOURCE Residual funds to be liquidated from PO #683724 to funding account 448 - 5461 -538 -65.41 (Storm Water Utility Fund /Other Improvements /Swale Reconstruction). RECOMMENDATION Staff recommends approval of a Contract Closeout (Change Order No. 1 /Final) in the net deduct amount of ($6,067.95) and final payment amount of $10,622.05 to West Construction, Inc. for the completion of the Delray Beach Heights Swales Project. CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 1/Final (Contract Closeout) PROJECT NO. 12 -060 DATE: PROJECT TITLE: Delray Bch Heights Swales TO CONTRACTOR: West 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: Complete changes to project per the attached Scheduie "A "; which includes cost of an additional 454 SY of swale grading and sodding, as per attached Exhibit "A ". SUMMARY OF CONTRACT AMOUNT /CHANGES ORIGINAL CONTRACT AMOUNT $ 58,900.00 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ .00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $ 58,900.00 COST OF CONSTRUCTION CHANGES THIS ORDER ($ - 6,067.95) ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $ 52,832.05 PERCENT DECREASE THIS CHANGE ORDER - 10.30% TOTAL PERCENT DECREASE TO DATE - 10.30% CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate and that the prices quoted are fair and reasonable. West Construction, Inc. (Contractor to sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding is available from account: NIA DEPARTMENT RECOMMEND: APPROVED: Environmental Services FUNDING CERTIFIED BY DELRAY BEACH, FLORIDA By: Mayor ATTEST: By: City Attorney City Clerk SCHEDULE "A" TO CHANGE ORDER NO. 1 / FINAL (CONTRACT CLOSEOUT) WEST CONSTRUCTION, INC. DELRAY BCH HEIGHTS SWALES - PROJECT NUMBER 12 -060 TOTAL ORIGINAL CONTRACT AWARD $58,900.00 $52,832.05 $ (6,067.95) Original Contract Award $58,900.00 Previously Approved Changes $ Total Award /Approved to Date $58,900.00 Final Contract to Date $52,832.05 CHANGE ORDER NO. 1 / FINAL. $ 6,067.95 Page 1 of 1 CONTRACT AWARD CONTRACT TO DATE ITEM DESCRIPTION UNIT EST. UNIT PRICE TOTAL ACTUA UNIT PRICE EXTENDED QUAINT ADJ. NO QTY. L QTY, TOTAL PRICE + I - 1 Maintenance of Traffic LS 1 $ 1,200.00 $ 1,200.00 1 $ 1,200.00 $ 1,200.00 $ 2 Mobilization /Demobilization LS 1 $ 1,200.00 $ 1,200.00 1 $ 1,200.00 $ 1,200.00 $ 3 Cleadng R Grubbing LS 1 $ 1,600.00 $ 1,800.00 1 $ 1,800,00 $ 1,800.00 $ 4 Roadside Swale Grading SY 3,500 $ 9.20 $ 32,200.00 3500 $ 9.20 $ 32,200.00 $ 5 Sodding SY 3,500 $ 3.00 $ 10,500.00 3500 $ 3.00 $ 10,500.00 $ 6 AddT Pavement Removal Included in Item 3) NIA NIA $ - $ - 0 $ $ - $ 7 Right of Way Staking Survey LS 1 $ 1,500.00 $ 1,500.00 0 $ 1,500.00 $ - $ (1,500.00 8 Landscaping Allowance (see below ) LS 1 $ 5,000.00 $ 5,000.00 0.5864 $ 5,000.00 $ 2,93505 $ 2,067.95) Cost for an additional 454 SY of roadside grading and additional sod. Total cost of $5,932.05 to be paid out of Allowance Line Items as follows: - 0.5864 $ 2,932.05 - - $3,000.90 from Contingency and $2,932.05 from Landsca in . 9 Utility Allowance LS 1 $ 2,000.00 $ 2,000.00 0 $ 2,000.00 $ $ (2,000.00) 10 Video Allowance LS 1 $ 500.00 $ 500.00 0 $ 500.00 $ $ 500.00 11 Contingency Allowance (see below ) LS 1 $3,000.00 $ 3,000.00 1.000 $ 3,000.00 $ 3,000.00 $ - Cost for an additional 454 SY of roadside grading and additional sod. Total cost of $5,932.05 to be paid out of Allowance Line Items as follows: - 1 $ 3,000.00 - - $3,000.00 from Contingency and $2,932.05 from Landscaping. TOTAL ORIGINAL CONTRACT AWARD $58,900.00 $52,832.05 $ (6,067.95) Original Contract Award $58,900.00 Previously Approved Changes $ Total Award /Approved to Date $58,900.00 Final Contract to Date $52,832.05 CHANGE ORDER NO. 1 / FINAL. $ 6,067.95 Page 1 of 1 ati; P:: 3 4T-R = :.T.yn rq Project # 12 -1120 DELRAY BCH HEIGHT Title DELRAY BEACH HEIGHTS SWALES Address SW 7TH CT TO SW 10TH ST Between SW 12th Ave & Sw 10 Ave City, State, Zip Delray Beach, FL 33444 Country United States Contact Charlie Tysinger Company West Construction Address 318 S. Dixie Hwy. Suite 4 - 5 City, State, Zip Lake Worth, FL 33460-4452 Country United States Phone 561 -588 -2027 Fax 561 - 582 -9419 t7esc np. on of the;proposed ichange ADDITIONAL SQUARE YARD OF GRADING AND SOD Net Amount of this Proposed Change: $5,932.05 CPR # 001 REV 1 Issue Date 09/25/2012 Subject ADDITIONAL SQUARE YARD OF GRADING AND SOD Contact Carolanne Kucmerowski Company CITY OF DELRAY BEACH Address 434 S. SWINTON AVENUE City, State, Zip DELRAY BEACH, FL 33444 Country USA Phone 561243 -7300 Fax 561- 243 -7314 The contract Time due to this Change Proposal Request has increase by 0 Working Days The Contract time due to this Change Proposal Request has increased by 0 Working Days. This document, when fully executed as accepted, shall constitute authorization to proceed with the work described herein. Submitted By Response: ❑ Accept ❑ Do Not Accept West Construction CITY OF DELRAY BEACH Company Company By Date By Date 1012112 Page 9 of 2 og iiYYg°1;FF�� Company 1hanc al and Schedule li pact i3etails .. Item No. Item Description 1 ADDITONAL ROADSIDE GRADING LINE ITEM 4 FROM SOV Quantity Unit 1 SY Unit Price 9.2000 . Total Price 4176.8000 2 ADDITIONAL SOD LINE ITEM 5 FROM SOV 454 SY 3.0000 1362.0000 3 ON & P 1 LS 276.9400 276.9400 4 BONDS AND INSURANCE 1 LS 116.3148 116.3148 CPR Financial Impact = $5,932.05 1012112 Page 2 of 2 l uuuuuuuuuu S.W. �LDCT. S.W. 3RD CT. S.W 41H Si. E- AUBURN a CIRCLE NORTH 3 u 9S 3 3 3 U P m S.W. BTH ST. AUBURN DR. _ I � - 2J P� W F- < J W H PJO AUBURN CIR. S. AUBURN z L TERR. S0. W W S.W. 7TH ST. a z Y 3 N S.W. 7TH CT. 3 S.W. BIN 3 3 3 f A R D H 1- / �J a u\ / B O U L E V A R D Q DR. L I N T 0 N 10TH BESSIE ' I ELLA ST P SUMO F-1 b CITY of DELRAY BEACH DELRAY BEACH HEI GHTS DATE:2/13/12 b ENVIRONMENTAL SERVICES DEPARTMENT E SWALE PROJECT 434 SOUTH SWINTON AVENUE, DELRAY BEACH, FLOPoDA 33444 Proj. # 2012 -060 Of MEMORANDUM 'A z TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: David Harden, City Manager DATE: November 1, 2012 SUBJECT: AGENDA ITEM 8.F. - REGULAR COMMISSION MEETING OF NOVEMBER 6, 2012 AMENDMENT NO.2 TO THE INTERLOCAL AGREEMENT /PALM BEACH COUNTY FOR AUBURN AVENUE ITEM BEFORE COMMISSION Request Commission approval for Amendment 2 to the Interlocal Agreement with Palm Beach County for improvements on SW 12th Avenue /Auburn Avenue /SW 14th Avenue from SW 10th Street to West Atlantic Avenue, which provides for reimbursing the City $1,000,000 for costs associated with the improvements along this corridor. This amendment extends time of performance to March 1, 2013. BACKGROUND Palm Beach County, Delray Beach and the Delray Beach Housing Authority (DBHA) entered into an Interlocal Agreement dated November 18, 2008 through which the County would reimburse DBHA, an amount not to exceed $1,000,000 for Carver Estates -SW 12th Avenue /Auburn Avenue reconstruction. On November 17, 2009, the City Commission approved an amendment to that agreement to reimburse the City for the improvements, which are under the City's jurisdiction. The agenda item before the Comission is for a revised Interlocal Agreement, Amendment #2 between the City and Palm Beach County for the reimbursement of $1,000,000 to the City for improvements in the SW 12th Avenue /Auburn Avenue /SW 14th Avenue project. This new Agreement extends the completion date to March 1, 2013. RECOMMENDATION Staff recommends approval. AMENDMENT 002 TO THE AGREEMENT WITH CITY OF DELRAY BEACH Amendment 002 entered into this day of 20 , by and between Palm Beach County and City of Delray Beach. WITNESSETH: WHEREAS, Palm Beach County entered into an Agreement (R2011 -0625) with the City of Delray Beach on March 11, 2011, as amended by Amendment 001 (R2012 -0147) on October 22, 2011, to provide $1,000,000 under the State of Florida's 2005 Disaster Recovery Initiative Program - Supplemental Appropriation for streetscape and drainage improvements along Auburn Avenue; and WHEREAS, the parties wish to modify the Agreement to, among other things, extend the time of performance; and WHEREAS, both parties mutually agree that the original Agreement is hereby amended as follows: A. PART I - SECTION 1 (3) — DEFINITIONS: The parties recognize that the County has changed the name of Palm Beach County Department of Housing and Community Development to Palm Beach County Department of Economic Sustainability. Accordingly, the term "HCD ", as it appears in the Agreement and Amendment 001, is hereby deleted and replaced with the term "DES ", and DES shall mean Palm Beach County Department of Economic Sustainability. B. PART III - SECTION 1 — MAXIMUM COMPENSATION: Replace "October 21, 2012" with "March 1, 2013 ". C. PART III - SECTION 2 — TIME OF PERFORMANCE: Replace "October 21, 2012" with "March 1, 2013 ". D. EXHIBIT "A" - SECTION II. H —WORK SCHEDULE: Replace "October 21, 2012" with "March 1, 2013 ". E. EXHIBIT "E.1" — PERFORMANCE BENCHMARKS: Delete Exhibit "E.1" and replace it with Exhibit "E.2" attached hereto. NOW THEREFORE, all items in the previous Agreement in conflict with this Amendment shall be and are hereby changed to conform to this Amendment. All provisions not in conflict with this aforementioned Amendment are still in effect and shall be performed at the same level as specified in the Agreement. (MUNICIPAL SEAL BELOW) Approved as to Form and Legal Sufficiency CITY OF DELRAY BEACH By: Nelson S. McDuffie, Mayor By: Chevelle D. Nubin, MMC, City Clerk PALM BEACH COUNTY, FLORIDA, a Political Subdivision of the State of Florida FOR ITS BOARD OF COUNTY COMMISSIONERS By: Shannon LaRocque -Baas, P.E. Assistant County Administrator Approved as to Terms and Conditions Department of Economic Sustainability By: By: Tammy K. Fields Chief Assistant County Attorney Journey Beard, Director Contract Development & Quality Control EXHIBIT "E.2" PERFORMANCE BENCHMARKS Subrecipient Name: City of Delray Beach Project Name: Auburn Avenue Performance Benchmarks Date Drawdown Request — Construction Continues — Ongoing Monitoring: OCT — NOV 2012 $50,000 Final Inspection / Engineer's Certificate of Completion of Construction / DEC 2012 — FEB Activity Close Out — Final Payment Request: $33,911 2013 The Benchmarks noted above are used by the County to evaluate the West Palm Beach Housing Authority's performance under this Agreement. Failure to meet these goals may result in the County's recapture of the grant funds financing this project. Page 2 MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: David Harden, City Manager DATE: October 12, 2012 SUBJECT: AGENDA ITEM 8.G. - REGULAR COMMISSION MEETING OF NOVEMBER 6, 2012 AGREEMENT/ ACHIEVEMENT CENTERS FOR CHILDREN AND FAMILIES (ACCF) ITEM BEFORE COMMISSION Approval of the Agreement between the City of Delray Beach and Achievement Centers for Children and Families as a non - profit partner responsible for carrying out services at the Village Academy Beacon Center. BACKGROUND The City of Delray Beach and the Community Child Care Center, doing business as Achievement Centers for Children and Families (ACCF), provide Beacon Center services at the Village Academy. The City provides the ACCF $52,000 in support of the Beacon Teen Program. ACCF is responsible for providing detailed, narrative quarterly reports documenting student and parent participation in compliance with annual goals established for the program. FUNDING SOURCE 001 - 4111 -572 -83.01 RECOMMENDATION Staff is recommending City Commission approval of the Agreement between the City of Delray Beach and the non - profit partner, Achievement Centers for Children and Families (ACCF), responsible for carrying out the approved services and programs through the Beacon Center at Village Academy for FiscalYear 12/13. AGREEMENT THIS AGREEMENT, made this day of , 20_7 by and between the CITY OF DELRAY BEACH, a municipal corporation, (City), 100 NW 1St Avenue, Delray Beach, FL 33444 and COMMUNITY CHILD CARE CENTER OF DELRAY BEACH, (CCCC), d /b /a Achievement Centers for Children and Families (ACCF), 555 N.W. 4t" Street, Delray Beach, FL 33444. WITNESSETH: WHEREAS, the City desires to subcontract with the Community Child Care Center, a local not -for profit organization, to carry out the Service and activities associated with the Beacon Center at Village Academy Elementary School. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency which are hereby acknowledged, the parties hereby agree as follows: 1. Incorporation of Recitals. The parties hereby represent and warrant that the above recitals are accurate and correct and hereby incorporate them as if fully set forth in this Agreement. 2. Term: This Agreement shall commence on October 1, 2012 and terminate on September 30, 2013 with an option to renew annually. This Agreement shall be contingent upon the City's receipt of grant money from the Children's Service Council of Palm Beach County for the Beacon Center at Village Academy Elementary School. 3. Payment: Subject to Paragraph 2 above, transfers from the City to CCCC will be made in accordance with the following procedures: a. The total Payment for services rendered pursuant to this Agreement allocated through the Parks and Recreation budget in the amount of $52,000 for October 1, 2012 through September 30, 2013 and shall be made payable to CCCC in equal amounts of $13,000 on a quarterly basis. CCCC shall submit an invoice to the City by the 10t day of each month following the end of the quarter along with a narrative summary report of all activities carried out for the Teen component of the Beacon Center during the quarter for which the funds are requested. The City will provide reimbursement to CCCC within thirty (30) days after receipt of the invoice. The City has the discretion to decrease CCCC's allocation based upon the program's inability to meet the parameters outlined in the program model and /or the inability to maintain program capacity based upon quarterly reviews. 4. Reduction in Payment: Notwithstanding anything herein to the contrary, the parties agree that the dollar amount set forth in paragraph 3 above may be reduced in the event that the City determines that CCCC will not spend the entire amount allocated by September 30th fiscal year end. This determination may be made (a) during the course of reviewing a budget revision submitted by CCCC pursuant to the City's procedures or (b) based upon the City's monitoring of CCCC's program and its expenditure history. Before any such reduction becomes final, CCCC will be notified in writing of the proposed action and shall have the opportunity to address the City's Board regarding the proposed reduction. The decision of the City's Board on this issue shall be final. If the City reduces the dollar amount, CCCC may terminate this Agreement upon five (5) days notice in writing to the City. The City shall reimburse CCCC for all monies expended up to and including the effective date of the termination. 5. Overpayment: CCCC agrees to return to the City any overpayments made through inadvertence or miscalculation or because payment is disallowed as not having been properly earned under this Agreement. Such funds shall be refunded in full by CCCC to the City as follows: a. Within twenty (20) days from the date of written notification by the City to CCCC of overpayment or disallowance; or b. Within thirty (30) days following the end of this Agreement. C. The City shall have the right to deduct from any subsequent payment request submitted by CCCC, the amount of any overpayments or disallowed funds. 6. Suspension of Payment of Funds: The City may, for reasonable cause, suspend the payment of funds pending corrective action by CCCC or pending a decision by the City to terminate this Agreement. The City may, for reasonable cause, prohibit CCCC from incurring additional obligation of any funds received from the City, pending corrective action by CCCC or a decision to terminate this Agreement. Said suspension of payment of funds or obligation thereof may apply to all or part of CCCC's operations funded by the City. 7. CCCC agrees to comply with all CSC certification documentation requirements including, but not limited to: • CSC Nepotism Policy Certification; • Personnel Policies and Procedures; 2 • Job Descriptions of all funded staff positions; • Certificates of insurance (liability, and theft and auto if capital equipment or vehicle was purchased with Contractor funds); • License(s) to operate agency /program, if applicable; • Current list of Subcontractor's board members; • Sales Tax Exemption Certificate; • Service site(s) Fire Inspection Certificate(s), if applicable; • Service site(s) Health Inspection Certificate(s), if applicable Said documentation will be retained on file with the City. 8. The CCCC agrees to provide program data on a quarterly basis, and in a format as requested by the City, as well as fiscal reports as requested by City. 9. Indemnification: CCCC shall defend, indemnify, save harmless and exempt the City, its officers, agents, servants, and employees from and against any and all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, and attorneys fees resulting from injury to or death of persons or damage to property arising out of or resulting from the Contract or from work done by CCCC or its subcontractors in the performance of the Contract except to the extent caused by the sole negligence of or breach of contract by the City. In connection with any legal proceedings arising hereunder, the City reserves the right to retain counsel of its choice and at its own expense, or in the alternative, to approve counsel obtained by CCCC. 10. Independent Contractor: CCCC is performing the services and duties required hereunder as an independent contractor and not as an employee, agent, partner of, or joint venture with the City. CCCC shall assume sole and exclusive responsibility for payment of wages to all employees for services performed by them under this Agreement. CCCC shall, with respect to said employees, be responsible for withholding federal income taxes, paying federal social security taxes, maintaining unemployment insurance and maintaining worker's compensation coverage in amounts required by applicable federal and state law. 11. Insurance: CCCC shall provide the City with Comprehensive General Liability Insurance in the amount of $1,000,000.00 per occurrence naming the City as an additional insured, with a thirty (30) days notice of cancellation provision. CCCC shall provide Worker's Compensation Insurance as required by law and Automobile Insurance in the amount of $500,000.00, naming the City as an additional insured. 3 12. Notices: All notices required hereunder shall be in writing and shall be addressed to the following representative of the part parties: For the City: David Harden, City Manager City of Delray Beach 100 NW 1 st Avenue Delray Beach, FL 33444 For CCCC: Nancy Hurd, Executive Director 555 N.W. 4t" Street Delray Beach, FL 33444 13. Termination: In the event funds to finance this Agreement become unavailable to the City, the City may terminate this Agreement upon no less than five (5) days written notice to CCCC. The City shall be the final authority as to the availability of funds. Notwithstanding any other provision of this Agreement, the City may terminate this Agreement for any breach by CCCC. If the City intends to terminate this Agreement, notice shall be provided in writing to CCCC no less than twenty -four (24) hours prior to the effective date of the termination. The City's failure to terminate or suspend a CCCC for past breaches of this Agreement shall not be construed as a waiver of its right to demand strict compliance with the terms of the Agreement or to terminate for said breaches or similar breaches, and shall not be construed to be a modification of the terms of the Agreement. In addition, CCCC and the City may each terminate this contract with or without cause provided that CCCC or City shall give sixty (60) days notice in writing to City or CCCC. The City shall reimburse CCCC for all monies CCCC has expended up to and including the effective date of the termination and CCCC shall do the same. 14. Venue /Laws. This Agreement shall be governed by the Laws of the State of Florida and venue shall be in Palm Beach County, forsaking any other jurisdiction which either party may claim by virtue of residency. 15. Entire Agreement. This Agreement along with Exhibits "A ", "B" and "C" attached hereto shall constitute the entire Agreement of the parties with 12 respect to the subject matter of it. All prior understanding and agreements between the parties with respect to such matters are merged into this Agreement, which alone fully and completely expresses their understanding. Modifications to this Agreement must be made in writing and mutually agreed to by the parties. 16. Assignment or Transfer. This Agreement may not be assigned or transferred by CCCC in whole or part without the written consent of the City. IN WITNESS WHEREOF, the parties have entered into this Agreement on the day and year first above written. ATTEST: City Clerk Approved as to Legal Form: City Attorney CITY OF DELRAY BEACH, FLORIDA in Nelson S. McDuff ie, Mayor WITNESSES: COMMUNITY CHILD CARE CENTER d /b /a Achievement Centers for Children and Families Print Name Print Name 5 In Nancy Hurd, Executive Director MEMORANDUM TO: Mayor and City Commissioners FROM: Linda Karch, Director of Parks and Recreation THROUGH: David T. Harden, City Manager DATE: October 31, 2012 SUBJECT: AGENDA ITEM 8.H. - REGULAR COMMISSION MEETING OF NOVEMBER 6, 2012 AGREEMENT FOR PUBLIC ART CONSULTING SERVICES/ PALM BEACH COUNTY ITEM BEFORE COMMISSION Request for Commission approval and authorization for the Mayor to execute a Consulting Service Agreement with Palm Beach County to provide public art assessment services to the City of Delray Beach. BACKGROUND Elayna Toby Singer, Palm Beach County Project Manager, through an interlocal agreement between the City and Palm Beach County, previously was contracted to facilitate a Public Art Assessment. At the May 8, 2012 Workshop Meeting, Ms. Singer updated the City Commission on the assessment's key findings and recommended next steps to advance the city's public art program. The City Commission approved certain recommendations. Under this new agreement the Project Manager will work with City stakeholders to develop a Public Art Master Plan and to expand the City's public art program capacity. Specific duties of the Project Manager will include: develop a vision, mission, guiding principles, and long /short term goals; develop a matrix for permanent and temporary public art project selection; and revise and develop policies and procedures for public art. Additional duties will include: integrate public art into ongoing planning; review funding strategies; consult with stakeholders on key components of the Master Plan; identify educational and promotional opportunities; and recommend methods for documentation and maintenance of public art. The estimated cost for this project is $25,000 ($5,000 per quarter up to 16 months) plus reimbursable expenses. FUNDING SOURCE Funding is available from account # 115- 1702 -579- 31.90 /Other Professional Services. RECOMMENDATION The Public Art Advisiory Board recommends approval of the Consulting Service Agreement AGREEMENT FOR PUBLIC ART CONSULTING SERVICES THIS AGREEMENT, made and entered into this day of 20 , by and between the CITY of Delray Beach, Florida, hereinafter referred to as "CITY ", and Palm Beach County, hereinafter referred to as "COUNTY ". WITNESSETH: WHEREAS, the CITY represents that it is a Florida municipal corporation with the authority to engage the COUNTY and accept the obligation for payment for the services desired; and WHEREAS, the COUNTY'S PROJECT MANAGER previously provided public art assessment services to the CITY, which culminated with the approval of certain recommendations by the CITY Commission on May 8, 2012; and WHEREAS, in order to implement those recommendations, the CITY desires to engage the COUNTY to perform certain public art professional services in accordance with this AGREEMENT; and WHEREAS, the COUNTY desires to provide such professional services in accordance with this AGREEMENT. NOW, THEREFORE, in consideration of the premises and the mutual benefits which will accrue to the parties hereto in carrying out the terms of this AGREEMENT, it is mutually understood and agreed as follows: I. GENERAL DUTIES OF COUNTY: A. PROJECT MANAGER: When referenced, the PROJECT MANAGER shall be Palm Beach County Art in Public Places Administrator who is currently Elayna Toby Singer. B. The relationship of the COUNTY to the CITY will be that of a professional consultant, and the COUNTY will provide the professional and planning services required under this AGREEMENT in accordance with acceptable professional practices and ethical standards. No employer /employee relationships shall be deemed to be established and the COUNTY shall be an independent contractor at all times. C. The CITY has determined that the Art in Public Places Administrator of the COUNTY's Facilities Development & Operations Department is qualified to perform the services set forth in this AGREEMENT (the "PROJECT MANAGER "). This PROJECT MANAGER will be subject to the continuous approval of the CITY. In the event that the PROJECT MANAGER is not satisfactory to the CITY, The CITY shall either: 1) submit a request to the Director of the Facilities Development & Operations Department requesting the re- assignment of the PROJECT MANAGER or 2) terminate the AGREEMENT. D. The PROJECT MANAGER is authorized to act on behalf of the COUNTY for the purpose of administration of this AGREEMENT. The PROJECT MANAGER shall, by the terms of this AGREEMENT, also act as the CITY'S authorized representative, when performing all of the COUNTY duties set forth in this AGREEMENT, unless the CITY advises, in writing, the PROJECT MANAGER otherwise. In such capacity, the COUNTY shall consult with the CITY'S Representative prior to representing positions of the CITY. The parties agree and acknowledge that the CITY shall provide adequate oversight during the term of this AGREEMENT. E. Professional and Planning Services. It shall be the responsibility of the COUNTY to work with the CITY and apprise it of solutions to problems and the approach or technique to be used towards accomplishment of the CITY "S objectives as set forth in this AGREEMENT upon execution by both parties. F. The COUNTY shall be responsible for the professional, quality, timely completion, including compliance with all regulations and rules, as well as the coordination with all appropriate agencies of all reports and other services furnished by the COUNTY under this AGREEMENT. If the CITY determines there are any errors, omissions or other deficiencies in the COUNTY'S reports and other services, the COUNTY shall, without additional compensation, correct or revise said errors or omissions to the satisfaction of the CITY. 2 G. The CITY'S review, approval, or acceptance of, or payment for, any of the services shall not be construed to operate as a waiver of any rights under this AGREEMENT or of any cause of action arising out of the performance of this AGREEMENT. H. The PROJECT MANAGER shall attend all meetings of the City Commission or any City approval Board, where the project is discussed, unless the City's representative declares such attendance and participation is not necessary. In addition, the PROJECT MANAGER shall attend all additional City Commission and /or Public Art Advisory Board meetings as may be required to facilitate the project. I. The COUNTY shall not provide any professional engineering services, procurement, specific art project implementation services and /or construction administration services pursuant to this Agreement. In the event that the CITY desires that the COUNTY provide such services in the future, the CITY and the COUNTY shall enter into a separate Agreement for these services. II. SPECIFIC DUTIES OF COUNTY: PROJECT MANAGER will work with City stakeholders to develop a Public Art Master Plan and to expand the City's public art program capacity. More specifically, the duties of the Project Manager will include the following: A. Vision, Mission, Guiding Principles, Goals, and Objectives: 1. Reaffirm and /or develop the vision, mission, guiding principles, short and long -term goals and objectives for the City's public art program. B. Project Types & Locations: 1. Develop a matrix for permanent and temporary public art project selection including site, scope, budget, timelines and priorities for implementation. 2. Create Public Art Focus Plans with stakeholder groups to develop specific public art visions, project ideas and work plans. 3 3. Address possible barriers to temporary public art projects (permitting, sign ordinances, etc). C. Policies & Procedures: 1. Revise and /or develop policies and procedures for public art commissions, outright purchases, donations, and /or loans. 2. Revise. and /or develop policies and procedures for public art removal. 3. Revise and /or develop policies and procedures to support local artists. 4. Revise and /or develop "Call to Artists" (RFQ) template and "Artist Selection" methodology per national standards. 5. Develop Public Art Board roles and responsibilities, seat requirements, and term limits. D. Agreements: Artist Services, Art Loans and Donations: 1. Develop standard agreements regarding artist services, art loans, and art donations per public art national standards. E. Planning and Operational Integration: 1. Work with the City Manager, Department Heads, CRA Staff and the Public Art Board to integrate public art into ongoing City strategic and capital planning /budgeting to improve public art project management and visual outcomes. 2. Integrate public art into ongoing planning. Establish a collaborative relationship with City Departments so that public art can be aligned with the visions and missions of each. 3. Assess and make recommendations to improve zoning requirements, development guidelines, etc. to support permanent and temporary public art project development and implementation. 4. Recommend a public art program staffing and management strategy within the City's organizational structure. F. Funding Strategy: 1. Review and recommend improvements to the City's current mechanisms for funding the public art program. 0 2. Review and make recommendations for funding public art in City /CRA jointly funded capital improvement projects. 3. Assess feasibility and make recommendations for expanding the art requirement for all new construction including private development. 4. Review and make recommendations as to which of the City's "non public art" priorities could be accomplished through public art. 5. Identify additional funding sources for public art (corporate, donations, grants, etc.). 6. Develop funding strategies to professionally staff the City's Public Art program. 7. Review and make recommendations for funding public art maintenance /conservation. G. Stakeholder Engagement, Strategic Collaborations and Partnerships: 1. Consult with and solicit input from stakeholders on key components of the Master Plan to assure linkages and collaborative opportunities that align public art projects with stakeholder interests and expectations. Stakeholder involvement will include but not be limited to: a. City Manager, Department Heads, and Staff, b. City of Delray Advisory Boards /Committees, Public Art Board, Downtown Development Authority, Education Board, Green Implementation Advancement Board, Historic Preservation Board, Kids and Cops, Neighborhood Advisory Council, Parking Management Board, Planning and Zoning Board, Police Advisory Board, and Site Plan Review and Appearance Board, C. City Commission, d. Delray Beach Community Redevelopment Agency, e. Delray Businesses, f. Chamber of Commerce, g. Artists, h. Non - Profit Cultural Arts Organizations, i. Delray Beach Art District Gallery Association, j. Related community and neighborhood groups, k. Citizens of Delray Beach. 67 H. Community Outreach and Education: 1. Identify specific opportunities to engage and educate stakeholders and the broader community about the existing public art program and forthcoming opportunities. 2. Develop public engagement strategy to provide a public feedback mechanism to ensure that the community has the opportunity to share insights and opinions on an ongoing basis. Successful public engagement will foster a sense of community ownership and build support for the City's Public Art Program. 3. Identify educational and promotional opportunities to disseminate information about completed public artworks throughout the City. I. Documentation of Public Art: 1. Recommend methods for public art curatorial and inventory systems. J. Maintenance of Public Art: 1. Recommend methods for addressing public art maintenance. III. SPECIFIC DUTIES•OF CITY: The CITY shall provide the following: A. The CITY Manager or his /her designee shall act as the CITY'S representative with respect to the work to be performed under this AGREEMENT. In the event that the CITY MANAGER chooses to identity a designee, that designee shall be either an Assistant City Manager or Department Head. The CITY Manager or his /her designee shall have the authority to the extent authorized by the CITY Charter and Code of Ordinances to exercise the rights and responsibilities of the CITY provided in this Agreement. Said authority may include but is not limited to: transmitting instructions, stopping work, receiving information, and interpreting the CITY'S policies and decisions with respect to materials, equipment, elements, and systems pertinent to the services covered by this AGREEMENT. 0 B. Provide access to CITY facilities for the purposes of implementing the COUNTY duties under this AGREEMENT. TV. AGREEMENT PERIOD: The term for this AGREEMENT shall be for sixteen (16) months from the date of execution by the CITY. The CITY and the COUN'T'Y may extend the duration of this Agreement by executing an Amendment. V. COMPENSATION: Quarterly Payments /Reimbursable Expenses. The CITY will compensate the COUNTY for the services performed and for reimbursable expense in accordance with the terms set forth below: A. CITY shall pay the COUNTY for the services performed pursuant to this AGREEMENT on a quarterly basis, except that the last payment shall be made following the 16th month of this AGREEMENT. Each of the five (5) payments made to the COUNTY shall be in the amount of Five Thousand Dollars ($5, 000.00) , for a total not -to- exceed amount of Twenty -five Thousand Dollars ($25,000.00). Reimbursable expenses shall not be a part of the not -to- exceed amount and shall be reimbursed in accordance with Section V.B herein. For each payment, the County shall provide an itemized report and invoice (the "Invoice "), in the form set forth in Exhibit "A ", which is attached hereto and incorporated herein. Each Invoice shall include a report of work completed during the respective Invoice period. The report shall describe work progress (percentage of work complete for each task) and written summaries of work completed since the last invoice. B. In addition, the CITY shall pay for reimbursable expenses at the actual cost of expenditures incurred by the COUNTY. Said reimbursable expenses shall be included in the Invoice submitted by the COUNTY. Reimbursable expenses shall be reimbursed as follows: 7 1. Express courier charges. 2. Actual expense of reproduction of documents and graphics including duplicate sets for the CITY'S review and approval. 3. Actual expense of Auto Travel at the established CITY rate per mile(including mileage within Palm Beach County accrued during the performance of this AGREEMENT). The COUNTY will make every attempt to combine site visits with COUNTY trips. VI. PAYMENT: The CITY agrees that it will use its best effort to pay the COUNTY within thirty (30) calendar days from receipt of the COUNTY Invoice. VII. MISCELLANEOUS PROVISIONS: A. Ownership of Documents: All reproducible reports and graphics shall be created in a format compatible with CITY'S Computer system and shall be given to the CITY. COUNTY reserves the right to retain a copy of all such documents for record purposes. The Agreement work is represented by hard copy documentation; software is provided to the CITY for convenience only. B. Copies of Documents: The COUNTY shall prepare all documents necessary to obtain approval through the City's processes including all required copies. The CITY acknowledges that the materials cited in Paragraph VII. A. and other data provided in connection with this AGREEMENT which are provided by the COUNTY are not intended for use in connection with any project other than the project for which such materials are prepared. Any use by the CITY of such materials in connection with a project other than that for which such materials were prepared without prior written consent and adaptation by the COUNTY shall be at the CITY'S sole risk and the COUNTY shall have no responsibility or liability therefore. C. Insurance: 1. Without waiving the right to sovereign immunity as provided by Florida Statute, Section 768.28, the CITY and COUNTY acknowledge that they are both self - insured for General Liability and Automobile Liability under Florida's sovereign immunity statute with monetary waiver limits of $200,000 Per Person and $300,000 Per Occurrence; or such limits that may change and be set forth by the legislature. 2. The CITY and COUNTY acknowledge that they are both self - insured for Worker's Compensation & Employer's Liability in accordance with Florida Statute, Chapter 440. 3. When requested, each party agrees to provide a Certificate of Insurance evidencing self - insurance and /or sovereign immunity status, which the other paty agrees to recognize as acceptable for the above- mentioned coverages. D. Authoritv to Contract: The CITY represents that it is a Florida Municipal Corporation with the authority to engage the COUNTY for professional services described in this AGREEMENT and to accept the obligation for payment for the services described in this AGREEMENT. E. Assignment: The CITY and the COUNTY each binds itself and its successors, legal representatives, and assigns this AGREEMENT and to the partners, successors, legal representatives, and assigns of such other party, in respect to all covenants of this AGREEMENT subject to budget considerations and the requirements of law; and, neither the CITY nor the COUNTY shall assign or transfer their interest in this AGREEMENT without the written consent of the other. 9 F. Confidential Information: During all times that the COUNTY is acting pursuant to this Agreement, all discussions between the CITY and the COUNTY and all information developed or work products produced by the COUNTY during its employment and all matters relevant to the business of the CITY not otherwise being a matter of public record pursuant to Florida Statutes, Chapter 119, shall be deemed to be confidential. All such information and work product shall be protected by the COUNTY and shall not be revealed to other. persons without the express written permission of the CITY, unless mandated by order of the court. G. Non - Exclusive Contract: 1. The CITY reserves the right to award projects to other firms during the period of service of the COUNTY under this AGREEMENT. The COUNTY agrees to cooperate with the CITY and other firms in accomplishing work that may require joint efforts to accomplish the CITY'S goals. This cooperation, when requested by the CITY, will include but not be limited to: a. Sharing information developed by the COUNTY under this AGREEMENT with the CITY. b. Holding joint meetings for project coordination. C. Establishing and maintaining lines of communication between the COUNTY and the CITY. H. Notices: Whenever either party desires to give notice unto the other, it must be given by written notice, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended at the place last written, as the place for the giving of notice in compliance with the provisions 10 of this paragraph. For designate the following as the giving of notice to wit: CITY of Delrav Beach the present, the parties the respective places of CITY MANAGER City of Delray Beach, Florida 100 NW lst Avenue Delray Beach, Florida 33444 City Attorney's Office 200 NW 15t Avenue Delray Beach, Florida 33444 ('nTT]UT'V DIRECTOR, FACILITIES DEVELOPMENT & OPERATIONS 2633 Vista Parkway West Palm Beach, FL 33411 -5603 COUNTY ATTORNEY'S OFFICE 301 North Olive Ave, Suite 601 West Palm Beach, FL 33401 I. AMENDMENTS: This Agreement can only be changed by written amendment signed by both the CITY and the COUNTY. The Director of Facilities Development and Operations may execute amendments on behalf of the COUNTY. The CITY Commission shall execute amendments on behalf of the CITY. J. Intentionally left blank. K. Records: Records of all relative expenses shall be kept on a generally recognized accounting basis and shall be available to the CITY and /or its authorized representatives at a mutually convenient time. L. Intentionallv left blank M. Equal Opportunity Employment: 11 Each party assures and certifies that it shall comply with Title VII of the Civil Rights Act of 1964, as amended, and Palm Beach County Resolution No. R92 -13, and shall not discriminate against any individual on the basis of their race, color, national origin, religion, ancestry, sex, age, marital status, familial status, sexual orientation, disability, or gender identity or expression. N. Prohibition Aqainst Contingent Fees: The COUNTY warrants that it has not employed or retained any company or person, other than a bona fide County employee working solely for the COUNTY, to solicit or secure this AGREEMENT, and that it has not paid or agreed to pay any persons, company, corpora- tion, individual or firm, other than a bona fide County employee working solely for the COUNTY, any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this AGREEMENT. 0. Termination: The parties hereto expressly covenant and agree that in the event either party is in default of its obligations herein, the party not in default shall provide to the party in default thirty (30) days written notice to cure said default before exercising any of its rights as provided for in this Agreement. Failure to cure said default within thirty (30) days following notice shall be grounds for termination of this Agreement. The parties may mutually agree to extend the time for cure and /or termination. The CITY shall have the right to terminate this AGREEMENT for convenience at any time by thirty (30) calendar days written notice (pursuant to the notice provisions in Section VII.H. above) to the COUNTY. In the event of a termination by the CITY, the COUNTY shall be given five (5) days prior written notice of such action and shall be compensated for the services provided and reimbursable expenses incurred up through the date of termination of this AGREEMENT. All work completed up through the date of termination including all reproducible reports and graphics shall become the property of the CITY upon the termination of this 12 AGREEMENT. Further, prior to the COUNTY'S destruction of any of the above referenced documents, the CITY shall be notified and allowed a reasonable period to gain access to and make copies of any such documents not yet provided to the CITY. Upon any termination of this AGREEMENT, the COUNTY agrees that it shall use its best efforts to work harmoniously with any successor who enters into an AGREEMENT to provide services for the CITY in order to provide for a smooth transition period. P. Indemnification: COUNTY and CITY acknowledge the partial waiver of sovereign immunity for liability in tort contained in Florida Statutes, Section 768.28, and acknowledge that such statute permits actions at law to recover damages in tort for money damages up to the limits set forth in such statute for death, personal injury or damage to property caused by the negligent or wrongful acts or omissions of an employee acting within the scope of the employee's office or employment. COUNTY and CITY agree to be responsible for all such claims and damages, to the extent and limits provided in the Florida Statutes, Section 768.28, arising from the actions of their respective employees. The parties acknowledge that the foregoing shall not constitute an agreement by either party to indemnify the other, nor a waiver of sovereign immunity, nor a waiver of any defense the parties may have under such statute, nor as consent to be sued by third parties. Q. Intentionally Left Blank R. Compliance with Laws: The COUNTY and CITY shall comply with the applicable requirements of State and applicable County laws and all Codes and Ordinances of the CITY, as amended from time to time. S. Jurisdiction; Venue: The CITY and COUNTY hereby covenants, consents and yields to the jurisdiction of the State Civil Courts of Palm Beach County, Florida. Any dispute between 13 the COUNTY and the CITY shall be governed by the laws of Florida with venue in Palm Beach County. T. Internal Dispute Between CITY and COUNTY: The City Manager shall be the final decision maker regarding internal disputes between the CITY'S Representative and PROJECT MANAGER. U. Extent of AGREEMENT: This AGREEMENT represents the entire integrated AGREEMENT between the CITY and the COUNTY and supersedes all prior negotiations, representations or AGREEMENTS, written or oral. THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK 14 IN WITNESS WHEREOF, the CITY has caused these presents to be executed in its name by its Mayor, and attested and its official Seal to be hereunto affixed by its CITY Clerk, and the COUNTY has hereunto set its hand and Seal the day and year first written above. ATTEST: City Clerk Approved as to Form: CITY Attorney ATTEST: SHARON R. BOCK, CLERK AND COMPTROLLER Deputy Clerk (SEAL) APPROVED AS TO FORM AND TO LEGAL SUFFICIENCY County Attorney CITY OF DELRAY BEACH, FLORIDA i Nelson S. McDuffie, MAYOR PALM BEACH COUNTY, BY ITS BOARD OF COUNTY COMMISSIONERS SIN Chair APPROVED AS TO TERMS AND CONDITIONS 15 Director, Facilities Development & Operations EXHIBIT A INVOICE Palm Beach County Facilities Development & Operations Department 2633 Vista Parkway West Palm Beach, FI Phone 561 - 2330200 Bill To: City of Delray Beach ATTN: Services Provided 33411-5603 Fax 561 -233 -0206 Reimbursable Expenses Please credit 0001 - 410 -4110 -6999 DATE: INVOICE # FOR: TOTAL Make all checks payable to Palm Beach County Board of County Commissioners Finance Department PO Box 4036 West Palm Beach, FI, 33402 If you have any questions concerning this invoice, contact: Elayna Toby Singer, 561- 233 -0235 Email: esinger @pbcgov.org 16 MEMORANDUM TO: Mayor and City Commissioners FROM: Catherine M. Kozol, Asst. City Attorney /Police Legal Advisor THROUGH: City Attorney DATE: October 31, 2012 SUBJECT: AGENDA ITEM 8.I. - REGULAR COMMISSION MEETING OF NOVEMBER 6, 2012 MAINTENANCE AGREEMENT/ CONTROL COMMUNICATIONS ITEM BEFORE COMMISSION This is a Maintenance Agreement between Control Communications and the City of Delray Beach for the maintenance of the XTS3000 portable radios used by police department personnel. BACKGROUND As of 2011, Motorola no longer supported a portion of our public safety portable radios (Model XTS3000's). Control Communications has been the subcontractor, through Motorola, performing the necessary repairs and programming of these specific models. Based on this support, Control Communications has now provided this contract to cover the above radios under a separate Maintenance Agreement. The radio system and newer portable radios (XTS5000's) will continue to be serviced by Control Communications but covered under the Motorola Maintenance Agreement that was just approved by the Commission in August. Control Communications has the software templates and the access keys that are required for programming which are consistent between both the newer and older radio types. Logistically, all radios currently remain under Control's care. Thus, it is vital that the City utilize the same service provider. The maintenance amount for services is $2,170.00 per month or a total of $26,040.00 for the year. FUNDING SOURCE Funding will be from Acct. # 001 - 2111 -521- 46.20. RECOMMENDATION The City Attorney's Office and the Police Department recommend approval. MAINTENANCE AGREEMENT Name: City of Delray Beach PD 300 West Atlantic Avenue Delray Beach, Florida 33444 Contract Start Date: 10/1/11- 9/30/13 1. Includes all parts and labor to maintain the listed equipment at factory specification. 2. Includes field technical support. 3. Batteries, antennas, physical abuse, water damage, and acts of God are not covered under this Agreement. 4. Includes unlimited service calls. Includes all radio programming and diagnostic software necessary for radio repair. Includes pickup /delivery of portable units. 5. One preventive maintenance check per year will be performed at Control Communications Service Center, 3650 Hacienda Blvd. Suite C, Davie. Fla. 33314, at the customer's request for the portable radios. 6. One preventive maintenance check per year will be performed at the customer's location, at the customer's request for all of the Fixed End equipment. (If Applicable) 7. Control Communications, Inc. or the customer can cancel this Agreement without cause upon supplying a 30 -day written notice to the other party. This Agreement shall be for a one -year period with the option to renew for an additional one -year period. 8. Any work that is not covered under the Maintenance Agreement will require a purchase order pELor to the work being done. Above Contract work for technical support shall be priced at the rate of $130.00 per hour. Above Contract work for radio installation shall be priced at the rate of $100.00 per hour. This rate is subject to change upon notification to the customer. All work is guaranteed for a period of 90 days. 9. If at anytime, the equipment cannot in Control's opinion be properly or economically repaired due to excessive wear, deterioration or unavailability of parts, Control Communications upon giving notice to the customer, may either remove such equipment from the Agreement or increase the price of such equipment. CITY OF DELRAY BEACH Signed: By: Nelson S. McDuffie, Mayor Signed: Janet Jones Approved as to Legal Sufficiency Control Communications Catherine M. Kozol, Asst. City Atty. Attest: Chevelle Nubin, City Clerk CONTROL COMMUNICATIONS, INC. 3650 Hacienda Blvd.; Suite C PH. (954) 791 -8040 Davie, Fl. 33314 FAX (954) 791 -1772 MAINTENANCE AGREEMENT SPECIFICATIONS CUSTOMER NAME: CITY OF DELRAY BCH ATTN: KATIE HARTMAN AGREEMENT NO. 100163C ADDRESS: 300 W ATLANTIC AVENUE DELRAY BEACH, FL 33444 PHONE: 561- 243 -7857 FAX: 561 - 243- 7816 CONTRACT START DATE: 10/1/12 EXPIRATION DATE: 9/30/13 PAYMENT CYCLE: M TAX - EXEMPT: Yes OTY DESCRIPTION MODEL # $ PER UNIT $ TOTAL PER MONTH PER MONTH 248 XTS3000 PORTABLE MODEL 1 $8.75 $2170.00 SUB TOTAL $2170.00 TAX N/A TOTAL PER YR. $26040.00 WHEN THIS AGREEMENT IS ACCEPTED BY CONTROL COMMUNICATIONS, THE EQUIPMENT ON THE CUSTOMER AGREEMENT REFERENCED ABOVE WILL BE SERVICED BY CONTROL COMMUNICATIONS IN ACCORDANCE WITH THE TERMS AND CONDITIONS PRINTED ON THE ATTACHED MAINTENANCE AGREEMENT. THIS AGREEMENT DOES NOT INCLUDE REPLACEMENT OF ANTENNAS OR BATTERIES, OR SERVICE OF ANY TRANSMISSION LINE, ANTENNA, AND OR TOWER UNLESS SUCH WORK IS DESCRIBED BELOW. AUTHORIZED CUSTOMER SIGNATURE CONTROL COMMUNICATIONS SIGNATURE MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: October 29, 2012 SUBJECT: AGENDA ITEM 8.J. - REGULAR COMMISSION MEETING OF NOVEMBER 6, 2012 AGREEMENT: DBMC/ CRA/ CHAMBER OF COMMERCE/ CITY ITEM BEFORE COMMISSION Commission is requested to approve the agreement between the City, Community Redevelopment Agency (CRA), the Delray Beach Downtown Marketing Cooperative (DMC) [which is doing business as the Delray Beach Marketing Cooperative (DBMC)] and the Greater Delray Beach Chamber of Commerce. BACKGROUND Attached is a revised copy of the agreement, which has been approved by the Board of Directors of the DBMC. The agreement has also been approved by the CRA and the Chamber of Commerce. The agreement makes the City responsible for entering into contracts for the 4th of July activities, just as we do for First Night, versus the DBMC; and removes the Downtown Development Authority (DDA) as a parry to the agreement. On August 13, 2012, the DDA voted to terminate their participation in the DBMC (see attached letter). RECOMMENDATION Staff recommends Commission approval of the agreement between the City, CRA, DBMC and the Chamber of Commerce. REVISED 8116112 AGREEMENT BETWEEN THE CITY, CRA, CHAMBER OF COMMERCE AND THE DELRAY BEACH DOWNTOWN MARKETING COOPERATIVE, INC. DIBIA DELRAY BEACH MARKETING COOPERATIVE THIS AGREEMENT is made this day of , 2012, by and between the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF DELRAY BEACH (hereinafter referred to as the "CRA "), the GREATER DELRAY BEACH CHAMBER OF COMMENCE (hereinafter referred to as the "Chamber "), the CITY OF DELRAY BEACH (hereinafter referred to as the "City ") and the DELRAY BEACH DOWNTOWN MARKETING COOPERATIVE, INC. (hereinafter referred to as the "DMC ") dba Delray Beach Marketing Cooperative. WITNESSETH: WHEREAS, the CRA is a Community Redevelopment Agency created pursuant to Florida Statute Chapter 163 and has as its purpose the redevelopment of portions of the City of Delray Beach located within its geographically designated redevelopment area; and WHEREAS, the Chamber has as one of its primary missions the providing of support to the economic community within Delray Beach; and WHEREAS, the City is a Florida municipal corporation and has the home rule power to enter into agreements as herein provided; and WHEREAS, the parties hereto have heretofore joined forces to develop and administer as a cooperative program for downtown Delray Beach, and have formed the Delray Beach Downtown Marketing Cooperative, Inc. (DMC) dba Delray Beach Marketing Cooperative and WHEREAS, this agreement replaces all other previous agreements between the parties as to the special events referenced in this agreement. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties agree as follows: 1. Recitals. The recitals set forth herein are hereby incorporated as if fully set forth herein. Z Term. The term of this Agreement shall begin when all of the parties have adopted this Agreement. 3. Financial and Other Support. The parties to this Agreement agree to provide financial and other support to the DMC in support of the mission listed below. Except for those funds designated by the individual parties to cover costs associated with specific DMC events, all funds shall be available for use by the DMC as approved in the DMC's budget process. In order to assure that the DMC's annual budget is funded by the parties to this Agreement, the parties agree that no later than May 30th of the current fiscal year, the DMC shall forward to the City, CRA, and Chamber the DMC's proposed budget for the subsequent fiscal year. The City, CRA, and Chamber shall review the DMC proposed budget and submit proposed funding amounts for the DMC's subsequent fiscal year to the other parties no later than August 15th of the current fiscal year. Following the submission of the proposed funding amounts by the parties, the City, DMC, CRA, and Chamber shall use their best efforts to collaborate with each other in order to insure that the DMC's proposed budget is appropriately funded for the next fiscal year. The parties agree that no later than September 30th of each year their respective governing 2 bodies shall consider the approval of an annual amendment to this Agreement to provide funding for the subsequent fiscal year. The funding to be provided pursuant to this Agreement and any amendments to this Agreement is subject to the annual budgeting and appropriation process required by the parties' respective governing bodies. In the event the City, DMC, CRA, and Chamber are unable to agree upon funding required to meet the DMC`s proposed budget, or in the event the sum of the contributions provided by City, DMC, CRA, and Chamber through the execution of an annual amendment to this Agreement does not equal the amounts budgeted by the DMC to be received from the City, CRA, and Chamber, the DMC shall reduce its budget so that the funding amounts provided by the parties is not exceeded in the DMC budget (A) CRA -- The CRA agrees to provide funding, as provided in this Agreement, pursuant to the CRA's annual budget process. (B) Chamber — The Chamber agrees to provide funding, as provided in this Agreement, as well as in -kind services, pursuant to the Chamber's annual budgetary process. (C) City — The City agrees to provide in kind services in support of events sponsored by the DMC as well as those sponsored by the City and for which by contract the DMC provides support. The City may also provide funding pursuant to the City's annual budget process to be utilized for events as specified elsewhere in the Agreement and for Destination Marketing and other DMC expenses. The DMC agrees to recognize the CRA, Chamber and City as "DMC Sponsors" by acknowledging their support in electronic advertisements and signage for events. 3 The DMC shall provide each party with a report on a quarterly basis, no later than October 25t ", January 25t ", April 25t" and July 25t" for each fiscal year, detailing the use of the funds provided pursuant to this Agreement. The reports provided by the DMC shall be in writing and detail how the DMC expended the funds in relation to administrative operations, events, and marketing, and how these activities supported the marketing and promotion of downtown Delray Beach. In addition, the DMC shall provide a budget versus actual report, a written narrative of the highlights of the budget versus Actual expenditures, and a balance sheet. 4. Termination. A party may terminate its participation under the terms of this Agreement by giving 60 days written notice to the other parties; provided however, the party (ies) who terminates) shall pay the amount that it budgeted for the fiscal year and shall not be entitled to any refund. A termination by a party to this Agreement does not affect the status of the DMC as a 501(c) (6) corporation. 5. Office Location. The DMC shall maintain its office for the period of this Agreement at the offices of the Chamber of Commerce, 64 SE 5t" Avenue, Delray Beach, Florida. 6. Fireworks. (A) The City will be the event producer for the annual fireworks display. (B) The fireworks display shall take place off the City's public beach or at another location mutually acceptable to the parties. (C) The DMC agrees to assist the City in soliciting of bids. The City however shall be responsible for entering into contracts for the fireworks show which could include barge rental, docking of barge, entertainment and sound and lighting 4 systems as may be needed; provided, however, the contract already entered into by the DMC for July 2012 shall remain in full force and effect. The DMC is also responsible for promotion, advertising and public relations, recruiting, training and scheduling the services of volunteers if needed and for fund raising and obtaining sponsorship to cover the costs of the event. The City and the DMC agree to cooperate in order to insure that the necessary permits and approvals are obtained. (D) The DMC shall assist the City in planning the event, including the selection of entertainers and artists and other activities, and making recommendations regarding the purchase of supplies and materials. All promotional materials prepared by the DMC must be approved by the City representative. The DMC is responsible for raising money, the collection and deposit of all cash contributions for the event. (E) The City wH4 shall make a minimum contribution as agreed upon in the City budget process to the DMC for the term of this Agreement, of which said funds may be used to offset the costs of the Fourth of July Fireworks display should the DMC expend funds on the event. Any requested increases to this amount will be considered during the Annual Operating Budget review. (F) The DMC shall assist in obtaining for the City a properly executed insurance certificate obtained by the fireworks contractor no later than June 25th of each year of the agreement which indicates that the fireworks contractor has general liability insurance in the amount of $1,000,000.00 per insurance with the City, CRA, and Chamber of Commerce and the DMC named as additional insured on the policies. (G) The DMC shall also assist the City in securing a properly executed indemnification agreement, a copy of which is attached hereto as Exhibit "A" signed In and incorporated herein by reference, signed by the fireworks contractor no later than June 25th of each year of the Agreement. (H) In addition to the foregoing, the City shall provide at its own expense, the site of the event, crowd and traffic control, trash removal, port -o -lets, portable lighting, electrical hookups, barricading and banner hanging, and be responsible for the public safety operation and coordination of the event at which the fireworks are displayed. 7. On the Avenue and Similar Events. each year. (A) The DMC shall hold On the Ave event or events similar thereto (B) The duties and responsibilities of the City for these events is to provide, at its own cost and expense except as otherwise modified in this Agreement, security and traffic control assistance, provide trash removal and clean up assistance, set up of street barricades, hang and remove light pole banners as required, provide EMS assistance when necessary, and provide overall coordination and planning assistance as required. (C) The duties and responsibilities of DMC for these events is to provide, at its own expense, for fundraising and sponsorship, promotion, advertising and public relations, contracts for entertainment and sound and lighting systems as may be needed, secure the services of volunteers as needed, and provide the lead for coordination and planning services for the events. C. (D) As compensation for City services which includes stage rental as well as overtime costs, the DMC will pay the City thirty -five percent (35 %), or such other percentage as set by the City, of its costs incurred by the City, for all City services for the event. The DMC also agrees to pay full costs of any equipment the City is required to rent from a contract supplier to support the event as well as rental cost of the large hydraulic stage. (E) To the extent that the DMC enters into written contracts with a contractor, DMC shall require the contractor to provide an indemnification as provided in Exhibit "A" hereto. 8. Tree and Holiday Events. (A) The City shall, at its own expense, store the tree; transport tree storage containers to and from site, repair and maintain the tree and the accompanying scenes and scene containers, prepare and restore tree site, facilities, property, and equipment to the same condition as it existed on the date preceding the event commencement, provide staff assistance for tree assembly and disassembly, assist in installation of scene containers and scenes, provide overall coordination and planning with assistance from the DMC for tree installation and removal, provide restroom facilities for volunteers, workers, and the public, replace tree and scene components as necessary and provide a cash contribution based on budget availability. The City is also responsible for hiring site security which costs are to be paid by the City and reimbursed by the DMC. (B) The DMC, at DMC's. own expense, shall be responsible for fundraising and securing sponsorships to help offset costs associated with the tree. i7 The DMC is required to obtain City approval prior to adding any additional structures or activities which would increase the City's maintenance, installation, repair, storage, and liability costs. Further, the DMC is responsible for the promotion, advertising and public relations. The DMC shall provide contract services for tree assembly and disassembly to include steel erecting (which includes the rental of a crane and a bucket truck), electrical installation, and transport of tree frame to and from site as necessary and agreed to recruit, train and schedule the services of volunteers to assist in tree and scene assembly and disassembly and in manning the tree when open. The DMC shall also be responsible to plan, schedule, and coordinate the volunteer effort for assisting the City with coordination and planning for tree installation and removal and to provide security at tree site and appropriate cost sharing as approved by the City. DMC is also responsible for collecting and depositing donated funds. 9. First Night. (A) The City shall provide oversight for all aspects of the event, prepare the budget, review and approve all expense requests and contracts, prepare all requisitions, purchase orders and check requests, and contracts for entertainers, artists, and other vendors, deposit and keep a record of all revenues, provide logistic support and staffing for traffic, security, cleanup and trash removal and EMS assistance, provide barricades, signs, and installation of same, install banners, provide clean -up and trash removal, restore the site, facilities, property and equipment to the same condition as it existed on the date preceding the event commencement. The City shall hire part -time event staff as may be needed and maintain the event license. 91 (B) The DMC shall recruit, train and schedule volunteers and make event assignments and obtain sponsorships, provide marketing and public relations services and provide technical and planning assistance as needed. The DMC shall assist the City in planning the event, including the selection of entertainers and artists and other activities, and making recommendations regarding the purchase of supplies and materials. All promotional materials prepared by the DMC must be approved by the City. 10. Insurance. If the DMC enters into written contracts with a contractor, for services provided pursuant to this Agreement, the DMC shall require the contractor to provide insurance in amounts acceptable to the DMC and to the City. The contractor shall be required to name the City, CRA, and the Chamber of Commerce as additional insured for the coverage provided for the event. If the event is located on Old School Square property the contractor shall also name Old School Square, Inc. as an additional insured for the coverage provided. 11. 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 12. Governing laws, venue. This agreement shall be governed by the laws of the State of Florida. Venue for any proceeding arising out of this agreement shall be in Palm Beach County, Florida. 13. Binding 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. 14. Entire Agreement. 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. 15. 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. 16. Responsibilities of the Parties. Each Party shall be responsible for its own negligence and nothing herein shall be deemed a waiver of sovereign immunity or the limits of liability set forth in Florida Statute Section 768.28. 17. Access to Records. DMC hereby gives the other parties to this Agreement, through any authorized representative, upon reasonable notice, access to and the right to examine all records, books, papers, or documents relating to the funding provided pursuant to this Agreement.. DMC hereby agrees to maintain books, records and documents in accordance with accounting procedures and practices which sufficiently and properly reflect all expenditures of funds provided by the other parties under this Agreement in accordance with the Florida Public Record Laws as provided in 10 Chapter 119, Florida Statutes, as may be amended from time to time, and for at least a minimum of three (3) years following the termination of this Agreement. DMC hereby agrees that if it has caused any funds to be expended in violation of this Agreement, it shall be responsible to refund such monies in full to the other parties (on a pro -rata basis), or if this Agreement is still in force, any subsequent request for payment shall be withheld by the other parties. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the day and year first above written. ATTEST Title: STATE OF FLORIDA COUNTY OF PALM BEACH DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY By: Print Name: Title: The foregoing instrument was acknowledged before me this day of , 2012 by as of corporation, on behalf of the corporation. He/She is personally known to me or has produced as identification. Notary Public — State of Florida 11 ATTEST: GREATER DELRAY BEACH CHAMBER OF COMMERCE By: Title: Print Name: Title: STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of , 2012 by as of corporation, on behalf of the corporation. He/She is personally known to me or has produced as identification. ATTEST: City Clerk Approved as legal sufficiency and Form: in City Attorney STATE OF FLORIDA COUNTY OF PALM BEACH Notary Public — State of Florida CITY OF DELRAY BEACH, FLORIDA Bv: Print Name: Title: Mayor The foregoing instrument was acknowledged before me this , 2012 by of 12 day of as Corporation, on behalf of the corporation. He/She is personally known to me or has produced as identification. Notary Public — State of Florida ATTEST: DELRAY BEACH MARKETING COOPERATIVE, INC. Secretary STATE OF FLORIDA COUNTY OF PALM BEACH By: Print Name: Title: The foregoing instrument was acknowledged before me this day of , 2012 by of as corporation, on behalf of the corporation. He /She is personally known to me or has produced as identification. Notary Public — State of Florida 13 �.., DOWNTOWN _ AUT r A& Co*tJergs °i,¢ Downtown Del rayBeach.com BOARD OF DiREC T ORS Seabron A. Smith ChairrnaY August 13, 2012 TED Center 4J'lana FTancv= vrG:-- cra,raan To: DBMC Board Members D�3ti LO Propemes, � -LC' Davl •"._:emu ; From- Seabron Smith Chair PN ic;�tra�er, s Bic�des Subject_ Delray Beach Marketing Cooperative Agreement Bonnie Beer I-affe Luna Rosa Dear Members: Ryan Boylston utur f ctrti oo Pursuant to the Delray Beach Marketing Cooperative (DBMC) agreement, which Ala,,_:.;; sd wa—:_;_,. fl=a , in part states that "any partner may terminate its participation upon giving 60 days written notice to the other parties, etc ", this letter shall constitute written notice that the downtown Delray Beach Downtown Development Authority (DDA) is terminating its participation in 60 days. This decision was voted upon by the DDA Board at the August 13, 2012 Board Meeting. Also pursuant to the agreement, the DDA has remunerated all fiscal year 2011 -2012 budgeted funds agreed upon as support of the DBMC. This letter should not be taken as a sign that the DDA no longer wants to cooperate with the other DBMC members, also it should not be taken as a sign that the DDA will refuse to participate with the DBMC in the future. z cerely, Seabron A. Smith, Chair 85 SE 41,h Aver;ue, Suite 108, Delray Beach, Fl_ 33483 ff (5,1�1! 243- 1077 s=ax: (5)61'1 243-1079 MEMORANDUM TO: Mayor and City Commissioners FROM: Catherine M. Kozol, Asst. City Attorney /Police Legal Advisor THROUGH: City Manager DATE: October 15, 2012 SUBJECT: AGENDA ITEM 8.K. - REGULAR COMMISSION MEETING OF NOVEMBER 6, 2012 TRAFFIC ENFORCEMENT AGREEMENT/ CORAL TRACE HOMEOWNERS ASSOCIATION ITEM BEFORE COMMISSION This is an updated Traffic Enforcement Agreement between the City of Delray Beach Police Department and Coral Trace Homeowner's Association. The prior agreement was approved in January, 2006. BACKGROUND This Agreement will allow the Police Department to enforce state and local traffic laws on the private roads of Coral Trace. The agreement shall also mandate that the Homeowner Association comply with the 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. FUNDING SOURCE Coral Trace Homeowner's Association will pay the sum of $12.00 per year to the City of Delray Beach. RECOMMENDATION Approve the Traffic Enforcement Agreement. CORAL TRACE HOMEOWNER'S ASSOCIATION, INC. TRAFFIC ENFORCEMENT AGREEMENT WHEREAS, the CITY OF DELRAY BEACH, FLORIDA, (hereinafter referred to as "CITY ") through its Police Department, wishes to make its Community Policing efforts in CORAL TRACE HOMEOWNER'S ASSOCIATION, INC. as effective as possible; and WHEREAS, the CORAL TRACE HOMEOWNER'S ASSOCIATION, INC. (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 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 $1,000,000.00 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 CORAL TRACE HOMEOWNER'S ASSOCIATION INC. 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. 11. In 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. This agreement made and entered into on this City of Delray Beach, Florida By: Nelson S. McDuffie, Mayor ATTEST: City Clerk Approved as m and le iciency: Ca-Ittwine M. Kozol, Asst. City Attorney r Coral day of August, 2012. s Assn, Inc. By: Ross Silver, President N Policy Number: TSB0005751 -02 Endorsement—AI Sagamore Insurance Company Businessowners Policy Declaration This declaration is effective 0812112012 Policy period from 05/09/2012 to 05/09/2013 All dates are as of 12:01 A.M. Standard Time at your mailing address show below Insured Name and Address Coral Trace Homeowners Association, Inc. c/o, Seacrest Services, Inc 2400 Centre Park West Dr,Ste 175 West Palm Beach, FL 33409 Agency. 90897 Transaction Form Applicable: Special Mack Mack and Waltz Ins Group Inc Paul Mack 1211 South Military Trail Deerfield Beach, FL 33442 In return for the payment of the premium, and subject to all the terms of this policy, we agree with you to provide the insurance as stated in this policy. Form of Business: Business Description: Described Premises: Limits of Insurance for: Optional Coverages: Corporation HOA See Schedule Attached See Schedule Attached See Schedule Attached Liability And Medical Payments Except for Fire Legal Liability, each paid claim for the following coverages reduces the amount of insurance we provide during the applicable annual period. Please refer to paragraph DA. of the Businessowners Liability Coverage Form. Liability & Medical Expenses $1,000,000 Fire Legal Liability - any one Fire or Explosion $50,000 Medical Expenses Limit - Per Person $1,000 Forms and Endorsement(s) made a part of this policy at time of issue: See Schedule Attached Base Premium $13,907.00 Terrorism Premium $139.07 Total Commissionable Premium $14,046.07 Policy Fee $35.00 Inspection Fee, if Applicable $0.00 Total Premiums $14,081,07 CPIC Recoupment Fee $139.42 FHCF Fee $183.05 Policy Tax $704.05 FSLSO Tax $14,08 EM PAT Tax $4.00 Total Policy Premium: $15,125.67 This insurance is issued pursuant to the Florida Surplus Lines Laws. Persons insured by Surplus Lines carriers do not have the protection of the Florida Insurance Guaranty Act to the extent of any right of recovery for the obligation on an insolvent unlicensed insurer. SURPLUS LINES AGENT James E Gibson ADDRESS: PO BOX 147018 LICENSE NUMBER GAINESVILLE, FL 32614 -7018 E138177 COUNTERSIGNED: 08122/2012 AT: Gainesville, FL BY: AGENT COPY SURPLUS LINES INSURERS' POLICY RATES AND FORMS ARE NOT APPROVED BY ANY FLORIDA REGULATORY AGENCY. 4 BPDS01s0606 Endorsement—Al Sagamore Insurance Company Businessowners Policy This declaration is effective 0$12112012 Term is from 05/09/2012 to 05/09/2013 All dates are as of 12:01 A.M. Standard Time at the insured's address ADDITIONAL INTERESTS Type: Additional Insured Additional Interest Name: City of Delray Beach Address: 300 W Atlantic Ave Delray Beach, FL 33444 Form: BP -0448 07102 Loan M For: Liability: Coral Trace HOA, Inc AIMS 01s 10102 TSB0005751 -02 Transaction: 4 Endorsement —Al Sagamore Insurance Company Businessowners Policy This declaration is effective 08/2112012 Term is from 05/09/2012 to 05/09/2013 All dates are as of 12:01 A.M. Standard Time at the insured's address NAMED INSURED SCHEDULE First Named Insured is: Coral Trace Homeowners Association, Inc. The Following are Named Insureds as their respective interests may appear in the policy: NAME 0 1 s 10/02 TSB0005751 -02 Transaction: 4 MEMORANDUM TO: Mayor and City Commissioners FROM: David A. Boyd, CPA, Finance Director THROUGH: David T. Harden, City Manager DATE: October 30, 2012 SUBJECT: AGENDA ITEM 8.L. - REGULAR COMMISSION MEETING OF NOVEMBER 6, 2012 AGREEMENT/ ADVANCED PROCESSING & IMAGING (API), INC. ITEM BEFORE COMMISSION We are asking City Commission approval for an agreement with Advanced Processing & Imaging Inc., for the purchase of electronic document management software. This is the first step in Finance's electronic document storage initiative. BACKGROUND Finance has 600+ record storage boxes. Due to limited warehouse storage, approximately 100 of these boxes are stored in the Finance office suite. In addition to storage limitations, record retrieval is difficult and time consuming. API software works with existing software applications, providing electronic attachment of documents to specific computer files. This allows improved customer service across a spectrum of activities, including utility billing. Initial software cost of $58,782 includes: software license, concurrent licenses, automated forms processor, a PDF parser for utility bill filer, annual software maintenance and professional services. The City is utilizing the "piggyback" feature in the Master Customer Agreement with the Marion County Clerk of Circuit Court. There will also be hardware costs of $30,520 which includes: two SAN units (electronic storage), desktop scanners and additional computer equipment. Total project software and hardward cost is $89,302. Annual maintenance is $7,964 (20% of software) for future years. FUNDING SOURCE Funding will be provided through the following accounts: • 001 - 1511 - 513 -66 -10 - $23,100 • 441- 5161 - 536 -64 -11 - $30,520 • 441- 5161 - 536 -66 -10 - $35,682 RECOMMENDATION Recommend approval of agreement with Advanced Processing & Imaging Inc. for document management software. F% Document Management Proposal for City of Delray Beach, FL Provided By: Greg Chernicky Direct: 954-448-3731 Effective Date: October 8, 2012 F" Provided By: Greg Chernicky Direct: 954-448-3731 Effective Date: October 8, 2012 October 8, 2012 Miiena Walinski Assistant Finance Director City of Delray Beach 100 N.W. 1s` Avenue Delray Beach, FL 33444 Milena, We are pleased to provide you with the following recommendations For implementing OptiView ECM for your "Paperless" initiatives. Based on our conversations, the initial goals will be to implement document management/imaging to address: Accounts Payable (Paid Invoices) Customer Files W� .�e F ", in o. Customer Utility Bills Utilizing API's OptiView ECM (Enterprise Content Management Solution), Delray Beach will be able to accomplish the following by implementing electronic document management: - eliminate paper folders, filing cabinets and manual document filing - eliminate the yearly vendor file purge & box in Accounts Payable - enable document scanning and retrieval from designated departments and users - enable direct integration with SunGard Greenscreen & Naviline for ease of use -save time, increase employee productivity, improve customer service - provide Utility Customer Service viewing of actual Bill - provide full text (key word) searching for all documents in the system - enable disaster recovery The proposed configuration allows for as many PC Desktops in the District to be installed with the API - OptiView Concurrent Client(s) as you so desire, with up to eleven (11) Full Scan Concurrent Clients and six (B) View Plus Concurrent Clients accessing the system at any given time. Opi-iView Concurrent C" Bent Types: OptiView provides two different concurrent clients, the first is Full /Scan which allows you to attach an API approved desktop scanner to a user workstation and scan directly into an OptiView Folder. The second concurrent client is View/Plus, which does not support direct desktop scanning into OptiView, however it is possible to scan locally or to an OptiView InBox and file scanned documents into OptiView, that is the only difference between the two clients. Both Clients include the OptiView InBox feature which allows you to scan documents from a Multi - Function Copier and they will be made available in the user In -Box where you can view and file into an OptiView Folder. API will provide the Professional Services to: - Assist Delray Beach in identifying Hardware and O/S requirements, along with backup options for disaster recovery - installation and configuration of OptiView Software: components - Onsite department document management assessment and best practices recommendations - Design and implement "electronic" file cabinet(s) - Provide Administrator Training - Provide End User Training - Provide "post" implementation and training support 21 .... ^©ut -off the -Box Integration with most tine of Business Applications including but not limited to SunGard (NaviLine & Greenscreen) Complete Document Imaging with the ability to capture, index, archive and retrieve documents in over 100 different file formats Flexible and easy to add docu€�ents through attached scanners, drag & drop, directory monitoring, MFP's, e- mails, photo`s and faxes Built -In internal routing between authorized users Built -�In document retention features and functionality True "electronic document shredding" compatible with State of Florida document retention requirements - Built -�In expiration tracking for managing contracts, leases and other time sensitive information - Easy to use document viewer with built -in redaction and annotations for TIFF images Document Level Security - Built -In Full Text (key word) searching across the entire document repository - Batch Scanning / Zonal OCR for auto fling machine printed for€ns; e.€g. A/P Paid Check Packets, Utility Mork Orders, etc. - Separate (Parse) individual utility bills within a PDF File - Identify Customer Account Information - File /Import utility bill into a matching OptiView Customer Folder System Description System Price OptiView Server Software License (01) each $11,325.00 OptiVlew Full Scan / View Concurrent License(s) (11) each $12,46300 ($1,133.00 each) OptiView View Plus Concurrent Licenses) (06) each $ 4,530.€ 0 ($755.00 each) Automated Form Processor (01) each. $ 7,550.00 PDF Parser Utility Bill Filer (01) each $ 3,950.00 (unique - ®shay Reach) (Custom Module for Delray Beach Utiii Billing — Auto Recog� itfon, Parsing & Filing) SunGard Line of Business Applications Integration (01) each included* Sub -Total Software $39,818.00 Annual Software Maintenance & Su ort 20% 7 964.00 Total Amount $47,782.00 Professional Services $11,000.00 o Software Installation & Configuration o Onsite Department Assessment & Review€ '` o Qnsite Department Cabinet Co€�ftguration B Finance - A/P Paid In€�oices / Grants ® utility Finance (Customer Files) a utility Finance (utility Bills) o Configure Form Processor for A/P Packet (Check Copy OCR Recognition) o Configure PDF Parser and OptiView Import o Administrative Training (up to 2) o End user Trainin u to 5 er de artment Total Project Estiimate $58,782.00 * ** 3p;' Additional. Considerations: *Includes Standard Integration with SunGard (Navil -ine & Greenscreen) * *Includes ongoing technical support and system upgrades as new versions are released. Pre - approved travel expenses will be invoiced based on actual costs incurred. ** *The proposed ®ptiVieww ECM Solution can support additional departments and applications within the City of Delray Beach, API Professional Services may be contracted to assist in the expansion and best practices deployment within additional areas. Hardware and Operating System Considerations: API Technical Resources will assist Delray Beach in the proper configuration of hardware and ©/S requirements, the following represent core systems for consideration: Application Server (Windows Server 2008 32 or 64 bit ®ptiView) Microsoft SQL Server (2008 and can be on same box as CptiView application) Text Processor (standard PC with 2GB RAID) Image Repository (External, SAN, NAS, etc.) Greg Chernicy Advanced Processing & Imaging, Inc. Regional Sales Manager 954- 448 -3731 Key Benefits of the Proposed System: - Eliminate physical filing cabinets and return valuable office space for each of the departments - Stop the growth, cost and retention of offsite document storage and retrieval - Increase employee efficiency by electronic scanning documents one time "one touch filing ", this also eliminates the manual filing and retrieval of physical files - Improved customer service by having immediate electronic access to requested documentation from each employee's PC - Authorized users can retrieve information from any location with approved access to the City Network - Electronic annotations allow for easy redaction of confidential information - Multiple user access to files at the same time, eliminates mis- files, out -of -files and lost files - Administration control for assigning user rights and system capabilities - Built -in retention conforms to State of Florida document lifecycle management - Integration with SunGard Applications simplifies the user training and makes it very easy to manage all documents, from e -mail to Microsoft Office Solutions. - Audits will require much less employee time for finding, retrieving and refiling files for review - Electronic Documents can be electronically backed up for Disaster Recovery which is not possible for physical files. - Out -of- the -Box Integration with most Line of Business Applications including but not limited to SunGard (NaviLine & Greenscreen) - Complete Document Imaging with the ability to capture, index, archive and retrieve documents in over 100 different file formats - Flexible and easy to add documents through attached scanners, drag & drop, directory monitoring, MFP's, e- mails, photo's and faxes - Built -In internal routing between authorized users - Built -In document retention features and functionality - True "electronic document shredding" compatible with State of Florida document retention requirements - Built -In expiration tracking for managing contracts, leases and other time sensitive information - Easy to use document viewer with built -in redaction and annotations for TIFF Images - Document Level Security - Built -In Full Text (key word) searching across the entire document repository ,.. � - : is • �" 1' � y:._ ;.. # 11111;4 THIS AGREEMENT made this 1 dh day of October, 2012, by and between the CITY OF DELRAY BEACH (hereinafter called CITY) and Advanced Processing & Imaging, Inc_ (hereinafter called VENDOR). ITNESSETH: The CITY and the VENDOR in consideration of the mutual covenants hereinafter set forth, agree as follows: 1. The undersigned VENDOR hereby represents that he has carefully examined all Contract documents, and will perform the contractual requirements pursuant to all covenants and conditions. 2. The VENDOR, as evidenced by the execution of this contract, acknowledges that it has examined the physical characteristics of the job requirements. The VENDOR further acknowledges that the bid price includes all costs and expenses required for the satisfactory completion of the contracts requirements. 3. The contract between the CITY and the VENDOR shall include the following documents which are attached hereto and incorporated herein by reference of the following: CONTRACT DOCUMENT (S) PAGE NUMBERS Bid Documents (other agency) 1 -6 Standard Form of Agreement 7 -13 Proposal Document 14 -17 4. The term of this contract shall commence upon execution of this agreement by both parties and shall continue on an annual basis. Either Party may terminate this Agreement upon 90 days notice to the other party and any funds paid in advance will be prorated and refunded back to the CITY. 5. This agreement shall be governed by the laws of the State of Florida as Now and hereafter in force. The venue for actions arising out of this agreement shall be Palm Beach County, Florida. 6. All notices, requests, demands, and other given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses: As to City: City of Delray Beach, FL 100 NW 1 st Avenue Delray Beach, FL 33444 As to VENDOR: Advanced Processing & Imaging, Inc. 1350 E Newport Center Drive, Suite 200 Deerfield Beach, FL 33442 7. The VENDOR shall not, without prior written consent of the CITY, assign any portion of its interest under this contract and, specifically, the VENDOR shall not assign any moneys due or to become due without the prior written consent of the CITY. & The CITY and the VENDOR each binds himself, his partners, successors, assigns and legal representatives to the other party hereto in respect to all convenants, agreements and obligations contained in the contract documents. 9. The underlying agreement is modified as follows: Paragraph 8 of the General terms and Conditions is deleted Paragraph 7 of the Application Licensing Terms and Conditions is replaced with the following: CONFIDENTIALITY. City acknowledges that the Vendor software constitutes and contain confidential, proprietary and copyrighted information and subject matter of API and API Parties. The City agrees to not, directly or indirectly, use the Vendor Software for any purpose other than as expressly permitted under this Agreement; divulge, discuss, provide, transmit, copy, make available or otherwise communicate information about the software to a third party; or permit any third party to use software. Notwithstanding the foregoing, the City shall be permitted to provide other Vendor information if Florida Sunshine Law requires such disclosure, provided that the City give prompt notice of such requirement to Vendor. Both parties understand and agree that the Public Records law of the State of Florida shall govern. 10. This Agreement shall be considered null and void unless signed by both the VENDOR and the CITY. 11. The contract documents constitute the entire agreement between the CITY and the VENDOR and may only be altered, amended or repealed by a duly executed written instrument. 12. The Parties agree and acknowledge that the CITY is "piggybacking" off of the contract between Marion County Clerk of Circuit Court, Florida and that the terms and conditions of that agreement shall govern unless they are in conflict with the terms and conditions of this Agreement, and in that event, the terms and conditions of this Agreement shall govern. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the day and year first above written. ATTEST: City Clerk Approved as to forrr.: CITY OF DELRAY BEACH, FLORIDA in , Mayor City Attorney WITNESS: VENDOR: BY: Juan Rodriguez, President & CEO (Print or type name and title) (Prim or type name and title) (SEAL) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this 20 by or agent, title of officer or agent), of place of incorporation) corporation, on behalf of the corporation. day of (name of officer (state or He /She is (personally known to me) (or has produced identification) and has used his /her (type of identification) as identification. Signature of Person Taking Acknowledgment Name of Acknowledger Typed, Printed or Stamped CERTIFICATE (If Corporation) STATE OF FLORIDA } SS COUNTY OF } } 1 HEREBY CERTIFY that a meeting of the Board of Directors of _ a corporation under the Caws of the State of held on 20 —, the following resolution was duly passed and adopted: "RESOLVED ", that > as President of the corporation, he/she is hereby authorized to execute the Agreement dated , 20—, between the City of Delray Beach, Florida and this corporation, and that his execution thereof, attested by the Secretary of the Corporation and with corporate seal affixed, shall be the official act and deed of this corporation ". I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the corporation this —day of , 20 (Secretary) (Seal) ADVANCED PROCESSING & IMAGING, INC. Master Customer Agreement 'Ibis Customer Agreement (herein called the "Agreement") cowers the major business transactions Advanced Processing and Imaging, Inc. (herein called "API ") may do with Marion County Clerk of Circuit Court. (herein called the "Customer"), including. (a) sale of equipment; (b) license of programs; and (c) provision of services. API agrees to provide the equipment, programs and services, listed within designated Schedule(s) and/or Supplement(s). The equipment, programs and services provided will be in accordance with the Terms and Conditions stated in this Agreement. This Agreement supersedes all pries' oral and written agreements, orders, or other writings, and together with the Schedules, constitutes the sole agreement of the parties with respect to the subject matter thereof, and may not be changed or modified except in waiting signed by the parties against whom such modification is asserted. Once signed, any reproduefton of this Agreement, made by reliable means (for example photocopy) is considered an original and all equipment, programs and services Customer orders under this Agreement are subjected to it. CUSTOMER ACKNOWLEDGES THAT CUSTOMER HAS READ EACH OF THE TERMS AND CONDITIONS IN THIS AGREEMENT AND AGREES TO BE BOUND BY THEM. Contract #: V09 11 Agreed to and accepted for: Advanced Processing & Imaging, Inc. By: (Authorized Signature) Name: Juan &ft= (Printed or Typed) 'lisle: President &CEO Bate: Address: 12LO E. Nevvtaart Centel' Drive Suite 200 Deerfield BgRsh,, FL 33441 Phone: _ 95 LO-W18 Agreed to and accepted for Marion County Cleric of Circuit Court By: (Authorized St nature) Name: David & Efto marm (Printed or Typed) Intle: Clark C Flrida Date: 1 • let Address: I10 NW Ist Avenue Suite 201 Ocala, FL 34475 Phone: 352 -571 -5603 After signing, please return one original copy of this agreement to the API office shown above Confidential Page of 9/28/2013 dMh ADVANCED W�� IMAGE, INC. OptiView ECM Package Subscription OptiView Professional Server License OptiView Full Scan /View Concurrent License(s) Procurement Department Concurrent License(s) (OptiView Full Scan / View) OptiView View Plus Concurrent Lioense(s) Forms Processor OptiWorkFlow Add -on OptiWorkFlow Connector Add-on Sub -Total Premise Software (01) each $ 11,325.00 (10) each $11,330.00 (11) each $ 12,463.00 (10) each $ 7,550.00 (01) each $ 7,550.00 (01) each $ 11,325.00 (20) each $ 15,100.00 $ 76,643.00 Annual Maintenance 6&ftment $15,328.60 Sub -Total Software $ 91,971.60 Professional Services Software Installation & Configuration o Finance Department Assessment & Process Design and Finance Department Cabinet Configuration (2 Days) r (1) Transmittal/Voucher Promsing Forms Resign a (1) Invoice Approval Process Map with rules and automated notifications o Configure Forms Processor for Accounts Payable Paid invoices o OptiView and OptiWorkFlow Administrative Training (up to 5) ■ Includes Forms Designer / Process Map Designer — Knowledge Transfer o Opti View and OptiWorkFlow End User Training (up to 10) o SunGard Finance Plus Iteration $15,843.00 o Check and Invoice Matching o Estimated Travel Er nses "not to exceed" $ 2,500.00 Sub -Total Professional Services $18,343.00 Total Project Amount $107,300.20 Annual Maintenance Renewal .$15,328.60 Payment Terms: Amount Due Upon Software Installation $91,971.60 API will electronically slip the software and manuals to designated IT contact and perfom remote installation of software, which includes the creation ofa test OptiView Cabinet. API will demonstrate to IT contact the ability to add and retrieve documents in OptiView, confirming system functionality and invoice for software and first year maintenance. Upon completion ofTraining $15,843.00 Professional Services will be invoiced upon completion of solution implenrntation and both Administrator and End User Training, travel expenses incurred will also be invoiced at this time. For wire transfer send to RBC (US), 75 54h Street NW Atlanta, GA30308 Phone: 800 - 236 -8872. TransitfRouting #053100850 Account # 601-011-3444. CNTAUS33 Additional Licensing Available: OptiView Full Scan / View Concurrent Licenses) / (1) each 1$1,133.00 OptiView View Plus Concurrent License(s)/ (1) each / $ 755.00 OptiWorkFlow Connector Add-on (1) each - $755.00 / (Annual Software Maintenance is 20% of Software) Initials. 1360 E. Newport Center Drive, Suite 200 1 Deerfield Beach,. FL 33"2 1800.430.7011 1 954.425.0i1t8 I fax 950429.7787 1 -- .apimgcom Confidential Page 3 of6 GENERAL TERMS AND CONDITIONS t) GENERAL. This document, including the schedules referred to herein ( Agreemert ), constitutes the entire understanding and agreement between the parties and supersedes all prior or contemporaneous agreements or understandings whether oral or written The customer, at API's discretion, may license additional soliware product(s) and purchase additional hardware by may of a schedule referencing the license number of this Agreement. Such additional product(s) and services shall be governed by the terms of this Agreement_ 2) 5EVERABILITY. If any provisions of this Agreement shall be held or made invalid or unenforceable by a court decision, statute or rule, the remaining provisions of-this Agreement shall not be affected thereby and shall continue in full force and effect. 3) NOTICES. Any notice, document or request to be given or served may be given or serval by sending it by hand delivery, courier service or certified mail to the address of API or the Customer set forth herein or by facsimile with receipt confirmed. Either party may give written antis to the alter of a chmip of aftm and after tmtics of such changes has been received, any notice, document or request given or served thereafter shall be given to or served upon such party at such changed address. 4) NON - ASSIGNMENT. The customer shall not assign, transfer, sublicense (out of house) or grant a security interest in this Agreement in Whole or to part without the prior written cousem of API. Notwithstanding the foregoing, the Custotfacr may a4igm Ws Agtoement to an entity controlling, controlled by or under common control with the Customer or to which substantially all of the Customer's assets are sold without API's consent, provided that such entity is not a competitor of API's and, provided further, that if the Customer is to be relcosed from any frnanc€al obligations under this Agrecmatt, the assignee must meet API's credit standards. 5) DISCLAIMER OF CONSEQUENTIAL DAMAGES. Neither party shall be liable to the other for any special, indirect or consequential damages including, but not limited to, economic loss, lost profits, lost revenue, and damages relating to lost data or use, even if the parties have knowledge of the possibility of such damages and whether the claim is made for breach of contract, breach of warranty, in tort or otherwise. LIMITED WARRANTIES. The only warranties provided by API are those specifically set forth in this Agremnerd, and such limited warranties are in lieu ofany and all other warranties, express or implied, including any warranties of merchantability and ftistess for a particular purpose. API has authorized no other warranty or representation and the Customer has not relied an any other warranty or representation in its decision to execute this Agreement and purchase goods and/or services API's limited warranties mall be suspended by API without recourse on the part of the Cush during the period in which the Customer's computer equipment fails to perform according to its standard performance specifications or the operating system and other program products upon which the API software product(s) depend for successful operation fail to perform according to the mannufacdumr's specifications as o ntained in their product documentation APL's limited warranties shall not apply to extent of any defect, error or other problem caused or contributed to by the Customer or arty third party, including without limitation, misuse„ misapplication or failure to comply with the terms of this Agreement and all related manuals and dowmentation_ EXCLUSIVE REMEDIES. The exclusive rem lk s of the Customer for a breach by API of any term of this Agreement shall be those specifically set forth herein, and shall be subject to the time limitations and notice requirement sot forth herein. In the evert of a breach by API of any team of this Agreement the Customer shall be entitled to a claim for direct damages actually Caused by such breach. In no event shall API have liability for any damages other than direct damages caused solely by API's breach. IN NO EVENT SHALL API'S LIABILITY TO THE CUSTOMER UNDER THIS AGREEMENT EXCEED THE 9/2812011 AMOUNT OF THE LICENSE FEES PAID TO API HEREUNDER, REGARDLESS OF WHETHER THE CLAIM IS MADE FOR BREACH OF CONTRACT, BREACH OF WARRANTY, IN TORT OR OTHERWISE INDEMNITY_ Customer agrees to defend, irmnify and hold API and each API Part}, as well as the directors, officers, agents, and employees of APt and each AN Party, barrnless from any losses, liabilities, damages, actions, claims or expenses (including reasonable attorneys fees and court costs) arising or resulting from Customer's breach of any terra of this Agreement or caused by acts or omissions performed by Customer or under Customer's Password or any password issued by Customer to Licensed Users, INFRINGEMENT INDEMNITY. AN will defend, at its cost any claim brought against the Customer that the current release version of any programs provided under this Agreement infringes a patent, trademark, copyright or other intellectual property right of third parties, and will indemnify the Customer against those costs and damages finally awarded or seeded by negot€atdons in any action against the Customer based on any such claim provided that: a) the Customer promptly notifies AN in writing of any such claim; b) API has sole control of and the Customer cooperates in all respects in the defense of any such claim and all related settlement negotiaWac. and, c) Such claim does not relate to any act of the Customer, including without limitation, a change in the software program, use thereof in a manner other than that specified by API or any outer breach of this Agreement by the Customer. d) If a judgment against API for any such claim has occurred, or in API's opinion is likely to occur, the Customer agrees to permit API, at its option and expense, either•. e) to produce for the Customer the right to continue using the program; or, f) to modifythe same so that it becomes non - infringing; or, g) to replace the same by non - infringing material son that the material as modified or replaced performs the same functions as the infringing material; or, h) to terminate the license for the allegedly infringing product and refund a pro -rated amount of the license fees paid. to) PROPRIETARY RIGHTS. The Software and Services are protected by applicable United States and foreign laws and treaties, including copyright laws and treaty provisions. API or its licensors own all rights, Otte and interests in the Software and Services, including trade secrets, patents, copyrights and database rights, and the Software and Services shall remain the sole and exclusive property of AN or its l €censers Except as provided in the License Grand scion of this Agreement Customer has no, and is not granted, any right, tide, interest or license in the Software or Services. 11) ACKNOWLEDGMENT. The Customer grants to AN the right to use the Customer's name as a customer of API. Define API uses the Customer's name in publicity, advertising releases or other materials prelwed by and on behalf of API, API shall obtain the approval of the Customer in writing. 12) THIRD PARTY SOFTWARE. The Customer warrants that the Customer: a) has any necessary permissiohh, expresse=d or otherwise, to enable any programs owned by or licensed from third parties and necessary for API to fulfill its obligations to the Customer to be copied and mortified and run during the use of the software product(s) without infringing third party copyright or any other rights; and, b) the disclosure to or use of third party programs by AN will not involve breach of confidence or cones. 13) COMPUTER CONTROLS. The Customer will be responsible for implementing sufficient procedures and checkpoints to satisfy the Customer's requirements in relation to security and accuracy of input 1350 & Newport Center Drive, Suite 200 j Deerfield Beach. FL 33442 1 8W.430.7031 1954.#2&OKS 1 fax 954.425.7787 1 www.apimg com Confidential Page of 9!2812011 and output data, including re -start and recovery in the event of a computer malfunction The Customer shall provide suitably qualified personnel to run the computer. 14) EXPENSES. The Customer agrees to reimburse API for reasonable incidental expenses incurred by its staff for all travel and related living expenses (out -of- pocket expenses) as a result of work performed under this Agreement; as allowed by Florida Statute. 15) PAYMENT. The Customer agrees to pay all invoices within 30 days for the Services and the Professional Services fees in strict conformance with the payment terms set forth herein and without setoff or retention Late payments shall be subject to a service charge per Florida Statute Chapter 218_ 16) TAXES. The Customer agrees to pay all sates, use or other taxes or similar charges when due now or in the future, to the extent required by any local, state or federal law. n NON API ERRORS, The Customer agrees that if operational problems or errors are subsequently discovered to be attributable to malfunction of the Customer's computers) or the malfunction of software other than the software product(s) supplied by API, then all work performed by API in investigating and/or correcting such situation shall be payable by the Customer at API's standard rates of $I501hour, If the Customer or its agents has altered, added to or deleted from the program coding and/or the data files of the software product(s) so as to cause them to vary from the software product(s) delivered or subsequently upgraded by APJ, theft the Customer must provide reasonable evidence that any errors found have been introduced by API and, if API is called upon to repair any malfunction in the software product(s) as a result of changes made by the Customer or its agents, then the Customer shall pay API, at standard rates of $150/hour, for all time spent by API representatives incurred in making such repairs as well as all out -of- pocket expenses, as allowed by Florida Statute. MISCELLANEOUS. Based on the due diligence and extensive investments of time, intellectual resources and capital involved in the competitive proposal -bid process or other highly refined procurement processes which were employed, this agreement provides at any stage during the life of the agreement and for up to one year immediately following with the consent of the vendor (API), that any similar type Government or Public Sector Agency rosy utilize the provisions of this contract to acquire or contract for similar products and services provided. APPLICAT10N LICENSING TERMS AND CONDITIONS PROVISION OF SERVICES. API agrees with effba from the Commencerrent Date in consideration ofthe payment of the Charges by the Customer to supply to the Customer. the AN USE OF LICENSE, soul the Professional Services as the parties have agreed upon under the Terms of this Agreement, and subject to the limitations on the number of users authorized to use the software product(s) concurrently at any given time as specified in the attached Software Products Schedule(s). For the purpose of this Agreement the number of "users" shall W determined by adding the number of individuals using the software products) at any given time. USE OF LICENSE. Subject to the terms of this Agreement, API grants Customer a nonexclusive, nontransferable license to access and use the Software and Services for internal business purposes only, without the right to sublicense (out of house) such rights, provided Customer unconditionally agrees to access and use the Software and Services in accordance with this Agreement ( "License "). Under the License, Customer may print out or otherwise make, printed copies ( "Copies ") of the reports, numeric results, and other information or materials generated from Cuetomces access and use of the Software and Services for internal business purposes only. Any updates, modifications, enhancements or new versions of the Software and Services provided or made available to Customer by API, in accordance with Section 14 of this Agreement, shall be considered Software and ,Services subject to this Agreement. API, may at any time and for any reason, elect to modify, discontinue, delete or restrict any aspect or feature of the Software and Services and shall make commercially reasonable efforts to provide Customer with prior Mice of any such changes. SOFTWARE AND SERVICES. Except as otherwise expressly provided in this Agreement, Customer agrees to a) only use the Software and Services in the manner, and far the purposes, expressly specified in this Agreement; b) not decomp€le, disassemble, analyze or otherwise examine the Software and Services for the purpose of reverse engineering: s) not delete or in any manrer alter any notices, disclaimers or other legends container) in the Software and Services or appearing on any screens, documents, reports, numeric results or other materials obtained by Customer through use of the Software and Services ( "Notices" d) reproduce and display all Notices on copies Customer makes, in accordance with this Agreement; e) not provide service bureau facilities or commercial time - sharing services to any third party or support operations for any third party through the access and/or use of the Software and/or Services; 0 not attempt to access any systems, programs or data of API or any AN Patty that are not licensed under this Agreement, or otherwise made available by API or an API Party for public use; g) not copy, reproduce, republish, upload, post, transmit, or distribute the Software or Services, or any portion thereof, or facilitate or permit a third party to do so; b) not knowingly use any device or software to interfere or attempt to interfere with the proper operation of the Software and Services; and, not ship, transmit, transfer, or export the Software and Services into any .country or use the Software and Services in any manner prohibited by United States export laws, restrictions or regulations; and abide by all applicable local, state, national and international laws. 4) DISCLAIMERS. Except as otherwise expressly provided in this agreement, a) the software and services are provided "as -is" and, to the maximum extent permitted by applicable law, API and its directors, officers, licensors, subcontractors and agents ("API Parties") disclaim all warranties of any kind, express or implied, regarding the software and services or otherwise relating to this agreement; b) Customer assumes the entire cost ofafl necessary servicing, repair, or correction of problems caused by customer introduced viruses or other harmful components; c) each of API and the AN Parties disclaim and make no warranties or representations as to the accuracy, quality, reliability, suitability, completeness, truthfulness, usefulness, or effectiveness of the reports, data, scores, results or other information stored, generated or otherwise created by Customer when accessing and/or using the software and/or services; anrl, d) how the customer uses the software, services and reports is entirely at customer's own risk and API and each of the API Parties stall have no liability or responsibility thereof. LIMITATIONS ON LIABILITY. The total liability of API and the API Parties in the aggregate to Customer or any third patty arising out of or in connection with this Agreement, the Software and Services will be limited to the payments received from Customer under this Agreement API and the API Parties shall not be liable for direct indirect, special, incidental, consequential or punitive damages of any type, arising out of or in connection with this Agreement the Software and/or Services, whether or not API and its licensors have been adviser) of the possibility of such damages and whether based upon breach of contract or tort (including negligence). API and the API Parties shall have no liability for any damages resulting from alteration, destruction or foss of any data Initials. ✓ 1350 E. Newport Center Drive, Suite 200 1 Deerfield Reach, FL 33442 1 844.430.7011 1954-425,0018 1 fax 954.425.7787 1 www.apimgcom Confidential Page s of gm/2011 or information input, generated or obtained from access and/or use ofthe Software and Services, including any reports or numeric results, whether or not API and the AP1 Parties have been advised of the possibility of such damages. The limitations of damages and liabilities set forth in this Agreement are fundamental elements of the basis of the arrangement between API and the Customer, and the pricing for the license reflects 10) such limitations. DATA. Customer agrees that API and the API Parties are permitted to access any information or data Customer inputs or provides while accessing or using the Software and Services ( "Bata ") and any reports or numeric results, and prior to Customer's submission of Data, reports and numeric results, for the sole Purpose oLosuring Irons[ access and use of the Software and Services by Customer in accordance with this Agreement and to maintain and troubleshoot Software and Services. Following Customer's submission of Data, reports and numeric results to API, API has access to such Data, reports and numeric results. Subject to the terms and conditions of this Agreement, if AN hosts the Data, API shall store and otherwise nminntin Data, reports and numeric results, and API ill follow the same archival procedures for Customer's Data, reports and numeric results as API employs for its own data, as modified from time to time at APrs discretion In the event of any loss or damage to Customer's Data, reports or numeric results, Customers sole and exclusive remedy shall be for API to use commercially reasonable efforts to replace or restore the lost or damaged Data from the latest backup of such Data, reports or numeric results which API has maintained in accordance with its standard archival procedures_ CONFIDENTIALITY. Customer acknowledges that the Software and Services constitute and contain confidential, proprietary and copyrighted information and subject ratter of API and API Parties ( "Confidential Information "). Customer agrees to not, directly or indirectly, without API's prior written consent, use the Confidential Information for any purpose other than as expressly permitted under this Agreement; divulge, discuss, provide, transmit, copy, make available or otherwise communicate the Confidential lnfortatation to a third party; or permit any third party to use such Confidential Information. "Confidential Information" shall not include information that is shown by competent evidence: (a) is in or enters the public domain without breach of this agreement; (b) was possessed by Customer prior to first receiving it from API or an API Party; (c) was developed by Customer independently and without use of or reference to the Confidential Infamation; or, (d) was received by Customer from a third party without restriction on disclosure and without breach of a nondisclosure obligation. Notwithstanding the foregoing, ii) each Party shall be permitted to disclose Confidential Information of the other Party if such disclosure is required by law, provided that the Party required to disclose Confidential Information of the other Party shall: iii) give prompt notice of such requirement to the other Party so it will have the opportunity to seek a protective order or other appropriate remedy, and, iv) cooperate in the other Parry's attempts to obtain confidential treatment of such Confidential Information; and, FORCE MAJEURE. API will provide the software product service as requested by the Customer but disclaim all warranties, express or implied, in favor of the customer and sball not be liable to the Customer for any damages, whether direct, indirect, incidental or consequential, arising from the use of the applications. If such delays are due to industrial dispute of third parries or any act of God or any act beyond API's reasonable control and in such case API shall be entitled to a reasonable extension of time for performing its obligations. 9) TRADENAMES AND TRADEMARKS. This Agreement does not grant to any Party it license to use any trademark, trade name, or logo of the other Party and each Party recognizes that the trademarks, trade names, and logos of the other Party represent valuable assets of that Party and that substantial recognition and goodwill are associated with such trademarks, trade names, and logos. Each Parry hereby agrees that it shall not use or permit any third Party to use, at any time, the other Party's trademarks, trade names, or logos. TERM OF AGREEMENT: The term of this Agreement shall be the period described in contracts notes on page 2, subject to provisions of early Termination for Cause or Non - Performance, described in paragraph 1.4 below. This Agreement will renew for period of twelve (12) months at the and of each expiring term unless cancelled by either party upon ninety (90) days prior written notice. 31) CANCELLATION - USE OF SUBSCRIPTION LICENSE. if the Customer defaults in the payment of any amount due and payable under this Agreement, or otherwise defaults in the performance of any other duties hereunder and fails to remedy such default within thirty (30) days after receiving written notice from API, or if the Customer is in material breach of the confidentiality provisions contained in this Agreement, or if the Customer ceases to do business or a receiver is appointed for the Customer, or some other act of bankruptcy occurs, then in addition to and without detracting from any other remedy which API may have, API may forthwith give notice of cancellation of the USE OF LICENSE granted herein, whereupon the Customer's right to use the software product(s) and the associated documentation shall cease. However; a) the Customer shall have a period of continued use of the software products) of up to thirty (30) days from notice of cancellation to allow the Customer to make alternative arrangements and b) API will provide the Customer their Data in machine readable format, fees to provide this service may apply; and c) upon termination, the Customer shall deliver the software producKs) together with the associated documentation to API and shall take all such steps as may be necessary to destroy copies of the software product(s) and any record of the same contained in any data retrieval systems under the control of the Customer. An officer of the Customer shall, at the end of this thirty (30) day period, warrant in writing to API that the provisions of this Clause have been satisfied d) The exercise of rights under this Clause shall not prejudice any rights of either Party to damages or other equitable relief or remedies, subject to the limitations contained in this Agreement. Termination shall not relieve the Customer of the obligation to pay any fees that are part of this agreement and are otherwise owed by the Customer. a) If the cancellation of service is due to Non - Appropriation the Customer will have the ability to use the sons re in a read -only mode during the period of Non-Appropriation- j2) NON - APPROPRIATION. The agreement will be allowed to terminate for non - appropriation. However; a) the Customer shall make every reasonable attempt to obtain the appropriation for each renewal year under the contract; b) the Custom must document the need for the API solution and the relevance it has to government business, when requesting the appropriation; c) the API's solution cannot be substituted during the period of non- appropriation d) if the appropriation is not available by the end of the contract term the Customer must abide with the Cancellation clause as stated in section 11. 13) AGREEMENT. The Customer agrees that they are contracting for services referenced on the Software/Hardware Products Schedule with API. This Agreement between Customer and API sets forth the legal rights and obligations governing the API offer, provisioning; and delivery of Services to the Customer and the Customer's use of the Services. The Customer will promptly test the software service(s) provided by API using data provided by the Customer and inform API of any material errors. API will correct these. API will not warrant the software service(s) if the Customer proceeds to use the software service(s) in a live environment before API has corrected the errors found during acceptance testing. IrlitiWs• 1350 E. Newport Center Drive, Suite 200 1 Deerfield Beach, FL 33442 1800,430,7011 1 954.425.0018 1 fax 954.425.7787 1 www.apimg com Confsderstial Page of 9n8/2011 14) CONTROLS. The Customer shall be exclusively responsible for the provision of adequate supervision, management and eorNrol of the use of the software service(s) including, but not limited to: a) the provision of adequate and appropriate machine configuration, software product(s), installation, audit controls and operating procedure including check points and restarls; and, b) the generation of the test data needed for the acceptance test is) PERFORMANCE. Customer understands and agrees that the operation and availability of the systems used for Recessing and interacting with the Software and Services, including, the public telephone, computer networks and the Internet or to transmit information, whether or not applied by Customer or APt, can be unpredictable and may, from time to time, interfere with or prevent the access to and/or the use or operation of the Software and Services. API and the API Parties are not in any way responsible for any such interference with or prevention of Customs access and/or use of the Software and Services. 16) ACKNOWLEDGMENT OF OWNERSHIP. The Customer acknowledges it has no right to the software product(s) except that of licensed usage, subject to the term of this Agreement, and that API, or such other person as API designates, retains sole ownership of the software product(s), including any modifications or extensions provided for the Customer. The Customer further agrees not to remove from any of the software product(s) any statement appearing therein concerning copyright and proprietary rights. The Customer agrees not to contest or "Ienge, in any legal proceedings or otherwise, the proprietorship or ownership by API ofthe software product(s)- 17) NO REVERSE ENGINEERING. The Customer agrees not to reverse engineer; disassemble or deeomp ile any of the software products) delivered in object code and further agrees riot to cause or permit reverse engineering, disassembly or decompilatiou of any such software product(s) by an employee or agent of the Customer. This covenant sharp survive termination of this Agreement and the license(s) granted hereunder. is) SOFTWARE PRODUCT SUPPORT (SPS)_ Upon the date of delivery of the software product(s), API warrants that it will provide the support described below for API's standard software product(s). a) APt will use its best endeavors to start and continue remedial work on errors which seriously affect operation of the software product(s). b) API will provide program fixes or upgrades to the standard software product(s) plus instruction on how to apply the program fixes or updates to the standard software products). Updates shall mean subsequent releases, which are generally made available to all API licenses at no additional charge but shall not include any release of future product that API decides to license separately. Work performed by AN at the request of the Customer to apply pa Wam foxes or updates to either standard or customized software product(s) is not an additional chargeable service. c) API will provide upgrades to documentation after the installation date that AN deems necessary to maintain continued effective use of the software product(s) by the Customer. d) API will provide hotline support between the hours of 8:34am and 9:30pm EST on normal business days. Hotline support will consist of i) telephone assistance with program error& Ito) API will provide on -site assistance where deemed necessary by API and the customer (all expenses to be paid by Customer as allowed by Florida Statute). 19) THESE WARRANTIES ARE EXCLUSIVE AND SUBJECT TO CLAUSE 6. LIMITED WARRANTIES AND CLAUSE 7. EXCLUSIVE REMEDIES IN THE GENERAL TERMS AND CONDITIONS, 20 SOFTWARE PRODUCT SUPPORT CHARGES (SPSC). SPSC is the service fee for the use of API's "USE OF SUBSCRIPTION LICENSE" and is payable in advance on an annual basis unless otherwise specificed herein. Failure to pay this fee causes a cancellation of "USE OF LICENSE" (see section 11). Upon payment of the SPSC, AN will provide to the Customer the support services described in SOFTWARE PRODUCT SUPPORT (SPS) clause 18 a through d. a) At the end of the initial contract term, the current SPSC is subject to change at which time AN shall have the right, upon three (3) months written notice to the Customer; to change the charges for any given twelve (12) month period. PROFESSIONAL SERVICE TERMS AND CONDITIONS SCOPE. API will supply the Customer with professional services on an as required basis and at the current rates_ These professional services will include, but are not limited to, product educating and training and consulting services. SERVICES ARE SUBJECT TO CLAUSE 6, LIMITER WARRANTIES AND CLAUSE 9. EXCLUSIVE REMEDIES IN THE GENERAL TERMS AND CONDITIONS ABOVE, PROGRESS. The Customer and API shall jointly prepare and agree on an implementation plan for each piece of custom work performed by API. Joint progress meetings shall be held regularly throughout the project to monitor progress against the implementation plan and to set objectives for the next period, to clear any outstanding problems and to review and amend target dates for both API's and the Customer's need as required by changing circumstances. These meetings will normally be at mutually convenient dates. The work content of this Agreement may be extended or reduced as agreed jointly, in writing, by API and the Customer. The Customer shell notify API in writing of requested changes to the work conttent. API will respond with a service estimate that the Custonsex will countersign indicating its acceptance. The billing and collection of service fees will occur according the terms indicated in the agreed upon Scope of Work (attached to the contract). Customs cancellation of scheduled services will result in the reimbursement to API of any nonrefundable travel expenses incurred by API. TRAINING. The Customer agrees to release personnel for API training courses as reasonably required by API to ensure the success of the implementation of the software service(s). The courses may be held at the Customer's or at API's premises at the request of the Customer. The charge for these courses shall be as set forth in the Servicelllardwmre Schedule. API will provide Customer with a, commercially reasonable telephone and email support for the Software and Services during normal business hours; and, b. updates and enhancements for the Software and Services, to the extent that API generally makes such updates and enhancements available to Customers without separate charge. HARDWARE AND SERVICE REQUIREMENTS. Customer is solely responsible for acquiring, servicing, maintaining, and updating all Equipment, computers, software and communications services (such as long distance phone charges) not owned or operated by or on behalf of APT, that allow Customer to access and use the Software and Services, and for all expenses relating thereto (plus any applicable taxes). Custom agrees to access and use the Software and Services in accordance with any and all operating instructions or procedures that array be issued by API, and amended by AN from time to time. API and the API Parties do not make any commitments with respect to use or performance of the Software and Services. Initials: _'.�,,�- 1350 E. Newport der Drive, Suite 200 1 Deerfield Reach, FL 33442 1 SMA31).7(1I1 1 954.425,OMS 1 fax 954.425.7787 1 www apinsg cornt MEMORANDUM 'A z TO: Mayor and City Commissioners FROM: Sharon L'Herrou, Administrative Officer Anthony W. Strianese, Chief of Police THROUGH: David T. Harden, City Manager DATE: October 31, 2012 SUBJECT: AGENDA ITEM 8.M. - REGULAR COMMISSION MEETING OF NOVEMBER 6, 2012 REQUEST FOR PROPOSALS (RFP) /COLLECTION SERVICES FOR PARKING FINES AND AMBULANCE BILLING ITEM BEFORE COMMISSION The Police Department requests Commission approval of the Selection Committee's decision in the matter of Professional Collections Services, RFP 2013 -03. The vendor recommended by the Selection Committee is Penn Credit. BACKGROUND The Police and Fire Departments have been under contract with Penn Credit for collections services for parking fines and ambulance billing. At the conclusion of the agreement, the contract was put out for bid, in compliance with City policy. A selection committee was convened to review the proposals. The publicly noticed meeting was held on October 22, 2012 (meeting minutes attached). Committee members reviewed the selection criteria, the Request for Proposal, and the three bids submitted. The team noted that one of the three vendors did not bid on ambulance billing/ collections. That vendor did not qualify for further consideration under the specifications of this RFP. The remaining two vendors were evaluated in detail. The team reported overall satisfaction with Penn Credit's service and expressed concern about data and software compatibility issues if a new vendor was selected. Concerns were also expressed regarding comments made by references for the National Recovery Agency. Team members ranked the vendors independently (results attached). The team contacted Penn Credit for clarification regarding their rate structure. Parking fines will have a collections cost of 25% which will be passed along to the violator (allowable per Florida State Statute). Therefore, when funds are collected, the City will receive the full ticketed amount. For ambulance billing, the collections fee is 17% (which is not passed onto the violator). Penn does not have any other fees (add ons, postage, etc.). RECOMMENDATION The Police Department recommends accepting Penn Credit's proposal for Professional Collections services for Parking Fines and Ambulance Billing. CITY OF DELRAY BEACH SPECIFICATIONS Professional Collection Services for Delinquent Parking Fines and Ambulance Billing ♦ Annual Contract STATEMENT OF WORK 1 SERVICES: The objective of the RFQ is to select a qualified firm to provide for the collection of the City's delinquent parking fines and ambulance billings. The City reserves the right to allow the Proposer to collect additional types of delinquent accounts in the future. The intent is to award to one agency. The collection agency is not expected to litigate on our behalf, nor will judgments be filed. The City issues approximately 10,000 hand written tickets annually, with an estimated 25% delinquency. The ticket values range from $35 (most common) to $250 (handicap). If a ticket has not been paid within 14 days, a $25 late fee is attached and the initial unpaid notice is sent. There are two (2) notices of delinquency sent, at 30 day and 60 day intervals. If the ticket is still unpaid at 90 days, it is sent to collections. A tag stop is initiated for 3 outstanding parking tickets or 1 outstanding handicap ticket. The City is currently taking advantage of Florida statute 938.35 that allows the collection fee to be added to the delinquent balance. The City is researching the possibility of automating the ticket issuance process via hand held ticket writers. The collection agency would need to be able to interface with any vendor selected. Currently the software used by the City is Sungard HTE — Citation Management. Unpaid ambulance billings are transferred to the Collection Agency after 90 days /3 months. SCOPE OF WORK: The City's initial requirement for collection services will cover only delinquent parking tickets and ambulance billing. The City's Director of Finance, or designee, reserves the right to determine which delinquent accounts are to be turned over to the Proposer for collection. The Proposer shall be responsible for the following: Maintain a trust account separate from the Proposer's operating account into which all debtor payments are deposited on behalf of the City. 2. Remit to the City on monthly basis: a. Net amount collected for the month or b. An invoice for the associated collection fee c. A report summarizing the accounts collected for the month and date of payment Any accounts already turned over to the Proposer which are collected via the City's immobilization ordinance or pursuant to Florida State Statures 316.167(6) and/or 320.03(8) will be removed from the Proposer's lists and no fees shall be assessed for service collection. 3. Transfer of Data: The Proposer shall accept hard copy or electronic information pertaining to delinquent amounts turned over for collections. The City will transfer delinquent account data via electronic format or compact disc but reserves the right to transfer via hard copy if necessary. The Proposer is responsible for picking up data transferred via hard copy from the City or shall provide the City with return mailers. The cost of these services will be borne by the Proposer. 4. Process delinquent accounts turned over by the City for collection of past due amounts. 5. Reporting Requirements: Reports are to be provided to the City by the Proposer as listed below in Work Products Required and all invoicing and reporting systems must be computerized. RFP No, 2013 -03 Professional Collection Services for Delinquent Parking Fines and Ambulance Billing 20 WORK PRODUCTS REQUIRED: 1. The Proposer is to provide both routine (which is to include phone contract and letters) and skip tracing collection services in accordance with the Fair Debt Collection Practices Act and Privacy Act. Proposer shall be qualified to effect collection services in all 50 states and Canada. The Proposer will provide and remit to the City of Delray Beach, on a monthly basis, by accounts: 1) the net amount collected for the month; 2) the indicated collection fee; and 3) the date of payment. The City will then remit to the Proposer, on a monthly basis, the appropriate Proposer's fee for collection services. Partial payments will be accepted on outstanding parking tickets or ambulance billing. It will be netted from collection proceeds of tickets and ambulance bills. 2. For select accounts the Proposer may be requested by the City to report collection activity on each regular business day of accounts received on the previous day(s). This shall be done via e-mail or other acceptable form of communication so the City may clear any tag freeze with the department of Highway Safety and Motor Vehicles (DHSM) or immobilization lists. 3. The Proposer shall submit their proposed policies and procedures for processing delinquent accounts. All written correspondence to debtors shall be approved by the City. Proposer is expected to act responsibly and professionally at all times when in contact with the debtor. No legal action shall be taken against debtors on behalf of the City of Delray Beach. The City reserves the right to suspend collection on any debtor upon written notification to the Proposer. 4. Proposer shall submit a description of their data processing capabilities and ability to transfer information between the Proposer and the City. 5. Proposer shall submit a description of their method of obtaining current addresses for in -state and out - of -state accounts. 6. Proposer shall submit their firm background, principals, length of time in business. The City shall be notified within 30 days of change in ownership or management. 7. Proposer shall submit Account Manager, name, background, and qualifications and contact numbers {telephone, address, e- mail). 8. Proposer shall submit their experience serving local government and other references. 9. Proposer shall submit their full cost of services (including fee schedules and pass- through charges). 10. Proposer shall submit a description of their workforce and the structure of their compensation and benefits (salary vs. commissions, etc.) 11. Proposer shall submit evidence of their firm's legal status in the State of Florida. 12, Proposer shall submit evidence of required licenses and business permits. 13. Proposer shall provide their Federal Employer Identification Number. 14. Proposer shall submit proof of professional liability insurance and bonding amounts. CONFLICT OF INTEREST: Any prospective firm should make an affirmative statement in its proposals to the effect that, to its knowledge, its retention would not result in any conflict of interest with any party. Alternatively, should any potential conflict exist, the prospective firm's proposal should specify the party with which there might be conflict, the nature of the potential conflict, the means proposed to resolve such conflict. RFP No, 2013 -03 Professional Collection Services for Delinquent Parking Fines and Ambulance Billing 21 EVALUATION: The City will evaluate all proposals and will select the Proposer whose qualifications, experience, present capabilities and reputation best meets the needs and interests of the City. The City shall be the sole judge of its own best interests, the proposals, and the resulting negotiated agreement. The City's decision shall be final. The City's evaluation criteria may include but shall not be limited to consideration of the following: 1. Prior relevant government experience. 2. Ability of the Proposer to perform the services on a timely basis. 3. Responses of the client references. 4. Proposed Fees 5. Documented collection success rate. RFP No. 2013 -03 Professional Collection Services for Delinquent Parking Fines and Ambulance Billing 22 z N 5- Gi M E CD � a CL (Q N J 4) N 0 j� r W c E 0 ca M 0 c Q 0 0 d OI A c O 0 c L O M o 0 C O r O z z L �ta+� 0 ° �, L a r-0 al H J O �� R }�-�N 3 O O v ,�in o a M= fn O N N a c cc c E N d N a) 0 y Q •� W C C Z �D D in E c3 — 0 s U C 0 R (0,1 O i Q w C •cc +�'+ 0 N c4 R C V —_ C 7 O c +' a) t +� to a) > Q O 0 2 x E'y 4_ 0- c �*'— c y 0 �a� — ocr- •� 0 Z 0 C 0 Gi _ — .O C R Q •C O CL L ai LOS Q ° f4 O a N U N O c$4 � y 0 N 's E N i t o D i C4 W z t C 0 a N Om N A a) w O y +00 N > 0 7 M~ 0 ' w > 4- O U +� 0 p y +' t V- O 0 N LL N V a� R a) c tc N to 5 0 caa 0 a)2o 0L� N ax :�� =. o y t> y o W Q E °° a�> a 3m a ~ c a a 0 m� O aw H z w >_ ~ w [-L a v ca 0 O Lu Z z w •= z J 0 w�a LU LO O O O CL � o a o 0 0 > , O V a Q Y N Y N O LL O V W W y a) 0 �yC7 c c(? x Z9 t m W Z R O a�c' c O i W U Y-O o 'a U) c YyO 0C ?' cc o ca ` a° Z a cn o = cn a0OO R o R a�OO O w a a cc r cri N ANN v� ANN v� c+c c+ > c > Efl C r c+-4 c+-4 f4 r +�+ o 0 o N N 2 0 c4 o N N 0 c4 y •L W J z M O U uj z > 0 J z w O w z E ( 7 O N 0 } o � �W a z w X L LV > OU z Q LL LL w O E W a ° a W Zvi z z Xz v CL �' z a W 2 E U- +r H> c z z a H a REVIEW COMMITTEE MEETING MINUTES PROFESSIONAL COLLECTION SERVICES CITY OF DELRAY BEACH RFP# 2013 -03 Monday, October 22, 2012 15:05 hours CITY HALL CONFERENCE ROOM PRESENT: Sharon L'Herrou, Police Department; Dawn Delaney, Police Department; Cecelia Shade, Fire Department; Desiree Kazakevicius, Fire Department; Milena Walinski, Finance Department ❖ TOPIC OF MEETING WAS TO REVIEW BID SUBMISSIONS FOR COLLECTIONS AND BILLING FOR AMBULANCE / PARKING TICKETS Team Members: • Reviewed and discussed the 3 vendors that bid on billing. • Discussed the pros and cons of the bids and vendor submissions • Discussed each vendor's positive and negative aspects including potential financial benefits. ❖ THREE VENDORS DISCUSSED ■ COMPLUS Complus, NRA , and Penn Credit After reviewing this vendor's bid, the team decided that they cannot be considered during this selection process. They are not bidding on the Ambulance collections and their type of service is different than what was specified in the RFP. Their primary scope of service involves ticketing and equipment. While the Police Department was impressed with their proposal, the Finance representative indicated that a new RFP would need to be created to consider their services, as they are outside of the scope specified in this RFP. It was noted that their percentage rate is lower than the other vendors. ■ PENN CREDIT- (the current vendor used) Positive aspects: They currently provide our collections and we do not have any issues. Penn Credit average collection rate is 31.2% recovery (per RFP) 1 We currently use this vendor, therefore there is the convenience of not having to transfer to a new system. There is not a concern about transmitting data. Negative aspects: The checks do not arrive with the backup paperwork. They arrive separately and there is often a delay created by matching them up. Collection rate for EMS is estimated at 3.8 %, which seems low. There is no communication, unless there is an issue. The team requires a clear explanation on what the 25% add -on fee is. ■ NRA Positive aspects: Appears they are well staffed, 8 people in service department and 160 people in collections. Offers wired payment method. Recovery for ambulance collections is good. Negative Aspects: NRA's Average recovery rate is 17.2% (based on average of rates listed in RFP) Not a clear explanation of how the existing file and data transfer will transpire. Not a clear explanation of how future data will be obtained. Technology compatibility may be an issue. Appear inexperienced in some areas. Concerns of how system issues may be handled. In the RHP they did not specify if there were any extra fees. Collection rates are not consistent. 2 The references were a significant concern:. Ex: One reference explained that they were not satisfied and went with another company. The vendor had a different explanation. Another reference indicated they were satisfied, yet noted the vendor's system went down 2 -3 times/ month. The RFP seemed unorganized and was difficult to follow. The main considerations with this vendor are the references and Concerns about the data transfer process. QUESTIONS: • How much would the cost be for NRA to get data? • If Police Department obtained specific software for parking tickets, does NRA have a way to interface with our equipment? • Is the system NRA has in place able to interface with HTE? • What are NRA collection and follow up procedures? ❖ CONSIDERATIONS AND RECOMMENDATIONS: PENN CREDIT To ask Penn Credit to please reconsider rate increase, therefore keeping it at 15% instead of the proposed 25 %. Prior history and experience with Penn Credit. Contract should be written to state specific cancellation period, i.e. 60 days, 90 days, etc. ❖ CONCLUSION The two remaining vendors were compared and discussed. The team members independently completed a rating sheet on each of the vendors. Final results were that Penn Credit was ranked as the preferred vendor. The Committee recommendation was to contact Penn Credit to attempt to negotiate a better rate. Ms. L'Herrou was selected to take this step. Prior to making this call, Ms. L'Herrou will consult with Purchasing to ensure that all proper procedures are followed. Meeting concluded at 16:30 hours, same date. N V _ O U 0 .y N O L a _ m V _ a _ ca N Of _ L a L O M O M 0 N O Z IL U- m E m cn _ c� v E v v W v t 0 c v E v L L a) C O v L t .3 v c v O T Q a1 0 z N U O 0 al + '^ c: a) 0 0 ro 0 w a) a) t u c v 3 CL O E c -0 c E E v o v E E E O o ° E to 0 a ao - 'v Lu 3 " Fj V 3 > > C O O 6 O 0 v °- o c: (D U + n N a) N j N 0 C t E 0 C +�+ CL ti tia '6 O C O _0 m aa)) z m C a c o al L fa N F) � Q0 Q0 Q0 m Ln O z O°O � L al al 7 a, a, 0 t 0 � 00 00 00r-� 0 in � a 3 a) a, tA c O ° °° °° °° °° ° °° o 0 a) Ln Ln ° tA r-I r-I r-I -i Ln I tA 0 a O Q) i U O i 0 a) N a) U a) a) C 0 ! i O = m a) QU V Q 0 X a) O ` O U O Q a) C7 O 0 3 4- d N U a) > 'N — 4- N a0 a) O -0 a) a) � v) O to Q 0 - a) 4� a C U a Q � a DO U v E v v W v t 0 c v E v L L a) C O v L t .3 v c v O T Q a1 0 z REVIEW COMMITTEE MEETING FOLLOW UP NOTES PROFESSIONAL COLLECTION SERVICES CITY OF DELRAY BEACH RFP# 2013 -03 Committee members were contacted via email on 10/25/12 with the information below. Penn Credit's representative, Rhett Donagher, provided the following clarification: • The "add on" simply refers to their fee • Florida State Statutes have changed to allow all collections costs to be passed onto the violator, in amounts up to 40 %; therefore, Penn's proposal is to charge a 25% fee, which would be passed onto the violator, and the City would receive the cost of the ticket in full • They suggested that this increase would allow them to place more of a focus on increasing the rate of recovery. No costs would be borne by the City (i.e., no postage or other costs/ fees) • Penn is amenable to a contract provision that allows us to terminate or revise the agreement as needed based on future changes in our ticketing process (making use of technology and /or another vendor providing equipment and collections) • If we move to another vendor to handle the entire ticketing process, they would like the opportunity to continue providing some services as a secondary collector Follow up Vote Based on Additional Information Provided, Does the Team still want Penn Credit to be the Recommended vendor (Yes or No): Dawn Delaney Yes 10/26/12 Milena Walinski Yes 10/25/12 Cecelia Shade Yes 10/29/12 Desiree Kazakevicius Yes 10/30/12 Sharon L'Herrou Yes 10/30/12 MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: October 30, 2012 SUBJECT: AGENDA ITEM 8.N. - REGULAR COMMISSION MEETING OF NOVEMBER 6, 2012 24TH ANNUAL DOWNTOWN DELRAY FESTIVAL OF THE ARTS ITEM BEFORE COMMISSION City Commission is requested to approve a special event permit for the 24th Annual Downtown Delray Festival of the Arts sponsored by Howard Alan Events, Ltd. to be held January 19 -20, 2013, from 10:00 a.m. to 5:00 p.m., to grant a temporary use permit per LDR's section 2.4.6(F) for use of City rights -of- way on Atlantic Avenue from the east side of NE /SE 6th Avenue to Bronson and the for Gladiola lot (SE 6th Avenue) for vendor parking, to authorize staff support for security and traffic control, barricade assistance, EMS assistance, fire inspection services, and to permit an event sign to be erected on Atlantic Avenue just east of I -95 fourteen (14) days prior to the event. BACKGROUND Attached are the special event permit, site plan, budget and Economic Prosperity Calculator for this event. Howard Alan Events, Ltd. will be conducting the 24th Annual Downtown Delray Festival of the Arts on January 19th and 20th from 10:00 a.m. to 5:00 p.m. Mr. Alan is requesting closure of Atlantic Avenue, from just east of NE /SE 6th Avenue east to Bronson. He is also requesting barricading assistance and security and traffic control assistance from the Police Department, as well as EMS and Fire Inspector services. Mr. Alan has indicated that he will rent barricades and City staff will install them. He is also requesting use of the Gladiola lot (SE 6th Avenue) for vendor parking. The estimated overtime cost for City services is $9,320, message boards $125 and the administrative fee charge of $466, for a total of $9,911. Per Event Policies and Procedures, Mr. Alan will pay 100% for all City costs, as well as provide for trash removal, clean up, port-a -lets and signage, which he will pay for. Signage can be installed fourteen (14) days prior to the event and must be less than 20 square feet. He has provided a copy of Liability Insurance and the required Hold Harmless Agreement. RECOMMENDATION Staff recommends approval of the event, granting of the temporary use permit for the street closure and parking lot use as recommended by staff, providing staff assistance for traffic control and security, barricading, EMS assistance and allowing the event sign to be installed fourteen (14) days prior to the event, with all City costs to be paid by the vendor. Approval is to include use of the Gladiola lot (SE 6th Avenue) for vendor parking, with City staff installing rented barricades and arrow boards. I T� City of Delray Beach Special Event Permit Application REVISED 11,2.10 PLEASE TYPE OR PRINT DELRAY BEACH Aq- America City Event blame /Title: 24th Annual Downtown Delray Festival of the Arts Event Date(s): - .Januaw.1.9th_ 0th_2013 Tinles: Saturday and Sunday 10AM -5PM Requesting street closure: yes X (If yes, need time /date for closure and reopening) no Event Sponsor /Producer: Hci�p-BeaWiJ u tewn-Bovet ut Authori Event Contact /Coordinator: Howard Alan Events Name: Howard Alan Address: 400 Cypress Drive Suite 1 Tequesta, FL 33469 Telephone Number: (561) 746 -6615 Cellular Number: (954) 661 -8385 E -mail Address: info a,artfestival.com Event Description /Purpose: Outdoor craft festival. Annual, cultural, and community gathering Brief History of Event (If applicable): This is the 24th year this festival has been serving this community. Planned Activities (Outline of activities /number of activities, i.e. entertainment, children's i-i(les, gat>1es, Otller p1'ograms): Varied crafters exhibiting and selling their hand -made items. Page 1 of 5 Page 2of5 Number of Individuals Served Previous Year (if applicable): 4500 Describe the targeted population and expected attendance: 4700 local residents are the targeted population. Describe how the prograiii or project addresses community needs: Providing a free festival with artists Tanging in mediums from jewelry to sculptures, Acts as a community, cultural and civic event. Describe your Marketing/Prontotions Program (How will you market /promote, i.e. TV, radio, posters, flyers, web sites, other): We will advertise in newspapers, online presence, local television stations, word of mouth, and flyers. Sponsor Category (please check) City o Non - Profit /Charitable EX Private ❑ Co- Sponsor --- Non- Profit/Private ❑ (If Non-profit attach proof of 501c(3), c(4), c(6), C(.10), or e(19) or (d) Event Location (Describe area boundaries of event /location): Starting on E. Atlantic Ave at US Federal Highway (East Side) go over intercoastal bridge and ending on Andrews Street. Site plan attached: yes X no (Site plan required for entire event site. Mcltitle locations of tents, stage, portalets, dumpsters, portable lighting, and barricade location if applicable.) Rental of Old School Square: yes no X (If yes, attach proof of approval) Rental of Old School Square Park: yes no X (If yes, attach proof of rental agreement with Parks & Recreation) Private Property Use: yes no X (If yes, attach letter giving authorization from property owner) Event budget Revenue & Expenses attached: yes X no (Required for all events) Page 3of5 Previous year Revenue /Expense summary attached: yes x no (Required for all events) Arts and Economic Impact Calculator attaclied: yes no Obtained on line at www.AmcricansForTbeArts.ol-g (Required for all events except minor events and 5K Runs) Do you have cash sponsors for the event: yes no x (Indicated on budget) Do you have inkilld sponsors for the event: yes x 110 (Indicates! on budget) Serving or selling alcoholic beverages: yes Ito x If yes, what entity is obtaining the Alcohol License permit? (If yes, copy of license and alcohol liability insurance required two (2) weeks prior to event) Event certificate of insurance attached: yes x no (Required two (2) weeks ,prior to event naming the City as additional insure(l, also required for vendors) Playing of amplified music: (Waiver required) yes no x Will there be entertainment: yes no x (If yes, attached list of Performers and /or DI's) If yes, sponsor agrees all entertainment will be family oriented and contain no obscenities: yes no Requesting Police assistance: yes I,< no (traffic control /security) Will supplement with private security: yes x no (If yes, creed plan attache(l) Requesting Emergency Medical assistance: yes ! no Requesting barricade assistance: yes x no (If no, how are you handling ?) Requesting trash removal /clean Lip assistance: yes no (If no, how are you bandling ?) Requesting trash boxes /containers and liners: yes no x x Requesting stage use: yes no x (If yes, check type) Large stage (14' x 36') ❑ Small stage (16' x 21') o Half small stage (8' x 21') n Page 4of5 Requesting signage: yes X no Type: 4'x4'Event sign X Parking Signs Balmer hanging Indicate dates required (W(ci-pe-i rclredyrf- mm" ia7z- vitu-(I)�veekpriPrto-evetit) Requesting City Portable Generator: yes no x (If yes, size & power) Food and beverage vendors: yes X If yes, approximate number 5 -5 applying for permit (Health Department approval required) yes applying now Other vendors: (Indicate type) yeses I10 I10 no= Tents: flame retardant yes X no If yes, Holt' many t.efl' f `� What size or size required 10'x10' (If yes, tent permits andfire inspections may be needed) Will the event include amusement rides: yes no x (If yes, type and location and copy of liability insurance required, also requires state license and inspection.) Will the event be gated: yes no X (Shojv on -site reap) Will there be a charge for the event: yes no X (If yes, indicate ticket prices) $ Will there be fireworks or other pyrotechnics: yes no X (If yes, contact Fire Marshal to obtain and complete permit application) Will there be cooking with compressed gas: yes (If yes, contact Fire Marshal for inspections) no X Will you be providing port -a -lets for the event: yes x 110 (If yes, locate on -site map. If no, indicate host, you W11 handle restroom needs) Is reserved parking requested: yes no (Ifyes; indicate lo�rrtiorr.�rtrr�3osfor�se�/ i Page 5 of 5 Event Permit Attachments: X Revenue /Expense Budget X Revenue /Expense Recap Last Years Event X Site Plan Arts and Economic Impact Calendar Letter Requesting Noise Ordinance Waiver Letter Requesting Waiver Consumption Alcohol Beverages Proof of Non - Profit Status X General Liability Insurance Certificate Alcohol Beverage Liability Certificate Proof of Rental Agreement or Authorization Letter from Private Property OwneI' X Hold Harmless Agreement, notarized. Submittal Date Requirements: • Minor Event 45 days prior to event • Intermediate Event 90 days prior to event • Major Event 120 clays prior to event • Neighborhood Block Party 30 clays prior to event E ent Contractor/Coordinator Please print: Howard Alan 7111/12 Date Please enclose the appropriate non - refundable application fee payable to the City of Delray Beach, 100 N.W. I" Avenue, Delray Beach, Florida 33444. Required with permit application. For Staff Use Only Date Received ` Application fee received $ /J t t 1w Y�rt W im wjw on ' N O L LL INN r wig WN Bpljg • _cam• � ' CL a vi Howard Alan Events The 24th Annual Downtown Delray Beach Art Festival January 19 & 20, 2013 PROPOSED BUDGET FOR JANUARY 2013 INCOME: Artist Revenue $61,400 Food Vendor Revenue $4100 Total Revenue $66,500 EXPENSES: Advertisin : Boca Raton News Expense $708.50 Palm Beach Post Expense $3,250.00 City Link Expense $715.00 Sun Sentinel Expense $12,000.00 NBC Expense $6,000.00 Sun Sentinel Charities Ad Program Expense $2,500.00 Advertising SubTotal $25173.50 Services Permit Palm Beach County Health Expense $25.00 Si na a Expose Yourself Expense $800.00 Sanitation Able Sanitation- ortolets Expense $875.00 Sanitation - 2 30 yd dum stets waste Management - dum ster Expense $950.00 Sanitation Tents 4 Events Expense $2,100.00 Barricades Bobs Barricades Expense $550.00 Securi City Of Delray Beach Expense $3,983.00 Rentals Tents 4 Events Ex ense $1,350.00 Li uid Graphics Expense Expense $150.00 Payroll Staff Expense $1,600.00 R-ent-al-Propany Delfay JoIntAtenture .mot Expense $15,000.00 Lodgings and meals, travel Expense $536.00 Media Related Expenses Expense $1,208.00 Two Million Dollar liability ins policy Expense $2,200.00 Administrative Overhead telephone, mailin s,etc Expense $1,100.00 Service SubTotal $32,327.00 Total Ex enses $57,600.50 Show Profit $7,999.50 Howard Alan Events The 23rd Annual Downtown Delray Beach Art Festival January 21 & 22, 2012 PROPOSED BUDGET FOR JANUARY 2012 INCOME: Artist Revenue $62,500 Food Vendor Revenue $4,100 Total Revenue $66,600 EXPENSES: Advertising : Boca Raton News Expense $708.50 Palm Beach Post Expense $3,250.00 City Link Expense $715.00 Sun Sentinel Ex pens $12,000.00 NBC Ex ense $6 000.00 Sun Sentinel Charities Ad Program Expense $2,500.00 Adverfisinn SubTotal $25173.50 Services Permit Palm Beach County Health Expense $25.00 Sign a Expose Yourself Ex ense $800.00 Sanitation Able Sanitation- ortolets Expense $875.00 Sanitation - 2 30 yd dum sters Waste Management - dum ster Expense $950.00 Sanitation Tents 4 Events Expense $2100.00 Barricades Bobs Barricades Ex ense $550.00 Security City Of Delray Beach Expense $3,983.00 Rentals Tents 4 Events Expense $1,350.00 Li uid Graphics Expense Expense $150.00 Payroll Staff Expense $1,500.00 Rental -Pro e f- Delray-Joint-Venture Expense $15 000M Lodgings and meals travel Expense $536.00 Media Related Expenses Expense $1,208.00 Two Million Dollar liability ins policy Expense $2,200.00 Administrative Overhead telephone, mailin s etc Expense $1,100.00 Service SubTotal $32,327.00 Total Expenses $57,500.50 Show Profit $9,099.50 0711212612 12:50 561 -243 -1073 DELRAY BEACH D.D.A. Arts & Economic Prosperity IV: Calculator PAGE 05106 Page 1 of 2 POPULATION of your community: Your Organization's TOTAL EXPENSES (please do not use commas): =„d I Mtn • X11 .+ TOTAL ATTENDANCE to your or+ganixation's arts events (again, do not use commas): 14., 6ALC6LA7E._. FR-. et TOTAL ECONOMIC W FACT OF: TOW FTE Jobs Ex0onditures Nonprofit Arts and Culture Organizations: Nonprofit Arts and Culture Audiences: Total industry Impact: (The Sum of orgaMutans and Audleno") $67,500 -2.1 $1,008.18$ - -- 27.9 w i PA_ ' R 60,000 to 99, ._...; $ 57500 49640 $1,065,688 3011 $657,029 Prirri.Yo ir. Results Please See the fine pyint below. -- "$54,845 state Gavamment Revenue $2,363 $57,235 -- $59,598 Total The total dollars spent by your nonprofit arts and culture organization and its audiences: event - Expenditures: related spending by arts and culture audiences is estimated using the average dollars spent per person by arcs event attendees In similarly populated communWas. PTE Jobs: The total nptnbcr of full-time equivalent (FTE~) jobs In your community that are supported by the expenditures made by your arte and culture organization andlor Its audiences. An FTC can be onto httD,,IIwww.amexiean�fotth s.Otp,linfatmafion set` v; tceslresearell /servxceslecon0mic itap... 7112/2012 Local Household covernmen# Income Revenue $48,376 - _ $2,006 $60$,653 W $52,839 $1,065,688 3011 $657,029 Prirri.Yo ir. Results Please See the fine pyint below. -- "$54,845 state Gavamment Revenue $2,363 $57,235 -- $59,598 Total The total dollars spent by your nonprofit arts and culture organization and its audiences: event - Expenditures: related spending by arts and culture audiences is estimated using the average dollars spent per person by arcs event attendees In similarly populated communWas. PTE Jobs: The total nptnbcr of full-time equivalent (FTE~) jobs In your community that are supported by the expenditures made by your arte and culture organization andlor Its audiences. An FTC can be onto httD,,IIwww.amexiean�fotth s.Otp,linfatmafion set` v; tceslresearell /servxceslecon0mic itap... 7112/2012 MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: October 29, 2012 SUBJECT: AGENDA ITEM 8.0. - REGULAR COMMISSION MEETING OF NOVEMBER 6, 2012 SPECIAL EVENT REQUEST/ TREE LIGHTING AND ON THE AVE ITEM BEFORE COMMISSION City Commission is requested to approve a special event permit for the Tree Lighting /On the Avenue scheduled for November 29, 2012, from 5:00 p.m. to 10:30 p.m.; to grant a temporary use permit per LDR Section 2.4.5(F) for the closure of Atlantic Avenue from Swinton to NE /SE 7th Avenue, and to the alley north of Atlantic Avenue on NE 1 st and 2nd Avenues, Railroad Way, and NE 4th Avenue and from Atlantic to the alley south on SE 1 sty 2nd, 3rd and 4th Avenues. Commission is also requested to authorize staff support for security, traffic control, banner hanging and removal, barricade set up and removal, trash removal, clean up, EMS assistance and use of the large City stage. BACKGROUND Attached are the special event permit request, budget, site plan, Tree Lighting schedule and economic calculator for this event received from the Delray Beach Marketing Cooperative. On the Avenue, sponsored by the Delray Beach Marketing Cooperative and the Tree Lighting, sponsored by the City, are again being combined into one event. Entertainment will be located at various locations along Atlantic Avenue as well as at the Tree; see the site plan. The estimate of overtime cost for this event is $11,490 of which $4,596 is assigned to the Tree Lighting and $6,894 for On the Avenue. Based on Special Event Policies and Procedures, the Delray Beach Marketing Cooperative will pay 50% of their share of the overtime costs, plus a 5% administrative fee and barricades at $66 for an estimated total of $3,685. The DBMC will provide trash boxes. The stage and Old School Square Park are being used by the City for the Tree Lighting; therefore, there is no charge for the stage use or park rental. RECOMMENDATION Staff recommends approval of the of the special event permit, the temporary use permit, street closure, and staff support as requested with payment of costs to the City per the Special Event Policies and Procedures. City of Delray Beach P , . BEACH Special Event Permit RECEIVE �f Application OCT 17 2012 1 REVISED 11.2.10 11NISTRATIVI: SERVICES PLEASE TYPE OR PRIIq� 1993 2001 Event Name/Title; On The Ave /100 Ft. Tree Lighting Event Date(s): November 29, 2012_ Times: _5:00 -10 :30 pin _set -up 3 :30 pin Requesting street closure: yes —x— no (If yes, need time /date for closure and reopening) _3:30 pm street closure begins, Closure immediately reopens following the clearing of the streets Event Sponsor /Producer: Sarah Martin/ Delray Beach Marketing Cooperative Event Contact /Coordinator: Sarah Martin, Executive Director Name: Sarah Martin Address: 64 A SE 5th Avenue, Delray Beach, FL 33483 Telephone Number: 561 - 279 -1380 ext 35 Cellular Number: 954- 650 -0324 E -mail Address: smartingdelraybeach.com Event Description/Purpose: Economic Development event that allows exposure of merchants and restaurants as well as Delray Beach as a whole. Brief History of Event (If applicable): Economic Development event that showcases the downtown since 1993 Planned Activities (Outline of activities /number of activities, i.e. entertainment, children's rides, games, other programs): Musical venues throughout the downtown, open houses, art exhibitions, tree li iting, sky 12 delivery or Santa, Ice skating, Art Exhibition, Merchant Showcase Page 1 of 5 Page 2 of 5 Number of Individuals Served Previous Year (if applicable): 30,000 people Describe the targeted population and expected attendance: Delray Beach and surrounding communities; tourists Describe how the program or project addresses community needs: Opportunity for national exposure/ sense of community, socialization for conim nity /„merchant and restaurant sales Describe your Marketing/Promotions Program (How will you market/promote, i.e. TV, radio, posters, flyers, web sites, other): Sun - Sentinel CBS Billboards Radio/ CBS 12/ Ads posters, brochures/ social medial e- blasts/ PSA's Web listin s Sponsor Category (please check) City X Nan- Profit/Charitable ❑ Private ❑ Co- Sponsor -- Non- Profit/Private ❑ (If Non-profit attach proof of S01 c(3), c(4), c(b), C(10), or c(19) or (d) Event Location (Describe area boundaries of event/location): See site maps. Site plan attached: yes X no (Site plan required far entire event site. Include locations of tents, stage, portabets, dumpsters, portable lighting, and barricade location if applicable.) Rental of Old School Square: yes no —X— (If yes, attach proof of approval) Rental of Old School Square Park: yes X no_ (If yes, attach proof of rental agreement with Parks & Recreation) Private Property Use: yes no X (if yes, attach letter giving authorization from property owner) Event budget Revenue & Expenses attached: yes--X no (Required for all events) M:\Sarah12012 Nics\Christmas 20121City Dm\Special Event Permit Application On The Ave -Tree Lighting 2012.doe Previous year Revenue /Expense summary attached: yes —x, (Required for all events) Arts and Economic Impact Calculator attached: yes X Obtained on line at www.AmericansForTheArts.org (Required for all events except minor events and 5K Runs) Do you have cash sponsors for the event: yes —X no (Indicated on budget) Do you have inkind sponsors for the event: yes X no (Indicated on budget) -NO. ESTIMATED FOLLOWING EVENT no no Page 3 of 5 Serving or selling alcoholic beverages: yes no X If yes, what entity is obtaining the Alcohol License permit? (If yes, copy of license and alcohol liability insurance required two (2) weeks prior to event) Event certificate of insurance attached: yes X no (Required two (2) weeks prior to event naming the City as additional insured, also required for vendors) Playing of amplified music: (Waiver required) yes X no Will there be entertainment: yesX no_ (If yes, attached list of Performers and/or DJ's) If yes, sponsor agrees all entertainment will be family oriented and contain no obscenities: yes —x— no Requesting Police assistance: yes X no (traffic control /security) Will supplement with private security; yes X no (If yes, need plan attached) Requesting Emergency Medical assistance: yes X no Requesting barricade assistance: yes X no (If no, how are you handling ?) Requesting trash removal /clean up assistance: yes X no (If no, how are you handling ?) Requesting trash boxes /containers and liners: - yes X. no odt*nm r-" 4 Eir1r�R�yc. u 1v %arahV i2 CileslChrisimas 20121City DooMNcial Event Permit Application On Thu Avc•Treu Lighting 2012,doe Page 4of5 Requesting stage use: yes X _ no (If yes, check type) Large stage (14'x36') X Small stage (16' x 21') D Half small stage (8' x 21') Requesting signage: yes Type: 4'x4'Event sign X Parking Signs Banner hanging 1 week prior Indicate dates required (Waiver required if more than one (1) week prior to event) Requesting City Portable Generator: ycs_ X (If yes, size & power) TBD no Food and beverage vendors: yes X no If yes, approximate number 5 (Health Department approval required) yes X no Other vendors: yes X no (Indicate type) Sponsors, merchants, artists Tents: yes X no no If yes, How many 19 -22 What size or size required 10 x 10 only. (If yes, tent permits and fire inspections may be needed) Will the event include amusement rides: yes __ no Y (If yes, type and location and copy of liability insurance required, also requires state license and inspection.)- - - - -- v Will the event be gated: (Show on-site map) yes no X Will there be a charge for the event: yes_ no (If yes, indicate ticket prices) Will there be fireworks or other pyrotechnics: yes no X (If yes, contact Fire Marshal to obtain and complete permit application) Will there be cooking with compressed gas: yes X no (If yes, contact Fire Marshal for inspections) Will you be providing port -a -lets for the event: yes X no (Ifyes, locate on site map. If no, indicate how you will handle restroom heeds) -NEED TO USE OSS BATHROOMS AND GARAGE BATHROOMS Is reserved parking requested: yes X no (If yes, indicate locations and purpose for use) TBD Parking sponsors MA1Sarah12012 FileAChrislmas 20MCity DocslSpecial Event Permit Application On The Ave -Tree Lighting 2012,doe Page 5 of 5 Event Permit Attachments: Revenue /Expense Budget Revenue/Expense Recap Last Years Event Site Plan Arts and Economic Impact Calendar Letter Requesting Noise Ordinance Waiver Letter Requesting Waiver Consumption Alcohol Beverages Proof of Non -Profit Status General Liability Insurance Certificate Alcohol Beverage Liability Certificate Proof of Rental Agreement or Authorization Letter from Private Property Owner Hold Harmless Agreement, notarized. Submittal Date Requirements: • Minor Event 45 days prior to event • Intermediate Event 90 days prior to event • Major Event 120 days prior to event • Neigh borlkoyd Block Party 30 days prior to event It—A& I1Z... Lr-v-ent Contrac or /Co r�linato Date Please print 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. Required with permit application, For Staff Use Only Date Received Application fee received $ MASarehU012 t:iles\Christnlas 20121City DocASpecial went Permit Application On The Avc -Tree Lighting 2012.dae to N �a �Z I-� a I W U win r I ' 1 1 W f ,4A 1 1 N c� lk a+. k AV H d9 -1 ;AV H19 as 5:00 PM --- 6:30 PM 6:30 PM 7:00 PM 7:15 PM 7:30 PM -- 9:00 PM Christmas Tree Lighting Schedule Entertainment Large Stage Announcements Santa Arrives by Helicopter Tree Lighting Entertainment Large Stage U:\Barcinski\Christmas Tree Lighting Schedule Arts & Economic Prosperity IV: Calculator Page 1 of 2 POPULATION of your community: Your Organization's TOTAL EXPENSES (please do not use commas): TOTAL ATTENDANCE to your organization's arts events (again, do not use commas): CALCULATE Reset 50,000 to 99,999 "�, 191925 125000 Total The total dollars spent by your nonprofit arts and culture organization and its audiences; event - Expenditures: related spending by arts and culture audiences is estimated using the average dollars spent per person by arts event attendees in similarly populated communities. FTE Jobs: - The total number of full -time equivalent (FTE) jobs in your community that are supported by the expenditures made by your arts and culture organization and/or its audiences. An FTE can be one http:/ hvww. americansforthearts ,orglinfotination servicesl research /servicesleconomic _ im... 10/29/2012 Total Expenditures F FTE Jobs Household Income Local Government State Government Revenue Revenue Nonprofit and Culture $191,925' 7.1 $161 $6,696' $7,8861 Organizations: ion Organizations: -- _ _ __ . Nonprofit Arts and Culture $2,538,7501 70.3' i $1,532,669] $133,056; $144,125 Audiences: Total Industry Impact: Sum Organizations Audiences) $2,73fl,675 77.4 $1,694,139[ $139,7521 $152,011; (The of and ______ —1 Pxlnt Yoiar ResuCts Please see the line Prin t below. Total The total dollars spent by your nonprofit arts and culture organization and its audiences; event - Expenditures: related spending by arts and culture audiences is estimated using the average dollars spent per person by arts event attendees in similarly populated communities. FTE Jobs: - The total number of full -time equivalent (FTE) jobs in your community that are supported by the expenditures made by your arts and culture organization and/or its audiences. An FTE can be one http:/ hvww. americansforthearts ,orglinfotination servicesl research /servicesleconomic _ im... 10/29/2012 MEMORANDUM TO: Mayor and City Commissioners FROM: Jasmin Allen, Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: October 30, 2012 SUBJECT: AGENDA ITEM 8.P. - REGULAR COMMISSION MEETING OF NOVEMBER 6, 2012 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS ITEM BEFORE COMMISSION The action requested of the City Commission is review of appealable actions which were taken by various Boards during the period of October 15, 2012 through November 2, 2012. BACKGROUND This is the method of informing the City Commission of the land use actions, taken by designated Boards, which may be appealed to the City Commission. After this meeting, the appeal period shall expire (unless the 10 day appeal period has not occurred). Section 2.4.7(E), Appeals, of the LDRs applies. In summary, it provides that the City Commission hears appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: The item must be raised by a Commission member. By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. REVIEW BY OTHERS Planning and Zoning Board Meeting of October 15, 2012 A. Approved with conditions (7 to 0), a master development plan modification associated with the demolition of an existing bank and construction of a new 5,033 sq. ft. bank with drive -thru lanes for Chase Bank, located east of the northeast corner of West Atlantic Avenue and Military Trail. Concurrently, the Board approved the following waivers: i. Waiver to LDR Section 4.4.9(17)(3)(a)(I), which requires a minimum site area of 4 acres (0.984 acres proposed) within the Four Corners Overlay District. ii. Waiver to LDR Section 4.4.9(17)(3)(d)(1)(d), which requires a landscape buffer along the north, east and west sides of the property that is the lesser of 10% of the average depth of the property or 25 feet (6.5 -foot landscape strip along the north side of the property, 11.3 -foot strip along the east side, and a 7.7 -foot along the west side of the property). No other 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: B. Recommended approval (7 to 0), of a final subdivision plat for Maison Delray associated with the re -plat of six lots to four single family lots, located at the intersection of Grove Way, NW 3rd Avenue and NW 12th Avenue. C. Recommended approval with conditions (7 to 0), of a conditional use request for Jourdan's Bridge Club to allow the establishment of an indoor recreational establishment that will occupy a 6000 sq. ft. tenant bay within the Delray Town Center Shopping Center, located at the northeast corner of Linton Boulevard and Military Trail. D. Recommended approval with conditions (4 to 3, Clifford Durden, Gerald Franciosa and Derline Pierre -Louis dissenting), of a privately initiated rezoning request from POC (Planned Office Center) to SAD (Special Activities District) for Delray Place, located at the southeast corner of Linton Boulevard and South Federal Highway. E. Recommended approval with conditions (4 to 3 Clifford Durden, Connor Lynch and Derline Pierre -Louis dissenting ), of a conditional use request to allow a density in excess of thirty (30) residential units per acre (51.10 units per acre is proposed). The Board also recommended approval (7 to 0) of a conditional use request for the building height in excess of 48 feet (a maximum building height of 60 feet is proposed) for Atlantic Plaza II, located between East Atlantic Avenue and NE 1 st Street and between NE 6th Avenue (northbound Federal Highway) and Veterans Park. The development proposal is in conjunction with the demolition of the existing buildings and improvements and the construction of a new mixed -use development that includes 442 residential units, 79,071 sq. ft. of office area, 52,021 sq. ft. of retail, and 28,204 sq. ft. of restaurant. Site Plan Review and Appearance Board Meeting of October 24, 2012 1. Postponed (6 to 0, Mark Gregory stepped down), a request to establish a blanket sign program in conjunction with the addition of a new tenant, Palm Beach Community Bank, within the Law Center Building, located at 2160 West Atlantic Avenue (southwest corner of West Atlantic Avenue and Congress Avenue). 2. Denied (7 to 0), a request for a color change for Da Costa, an existing commercial establishment, located at 151 -153 NE 4th Avenue (east side of NE 4th Avenue, between NE 1st Street and NE 2nd Street). 3. Tabled (7 to 0), a request for a color change for an existing commercial establishment for Dee Dees Conch Rib & Crab Shack, located on the south side of West Atlantic Avenue, west of SW 5th Avenue (540 West Atlantic Avenue). 4. Postponed (7 to 0), a Class I site plan modification associated with the installation of a carport/awning for Ahead of Our Time, located at 280 NE 6th Avenue (west side of NE 6th Avenue, between NE 2nd Street and NE 3rd Street). 5. Approved with conditions (7 to 0), a Class III site plan modification, landscape plan and architectural elevation plan associated with the construction of a 4,150 sq. ft. drop -off customer service canopy addition, interior renovation of the existing service center, showroom offices, and parking lot improvements along the east property line for Ed Morse Cadillac, located at 2300 South Federal Highway, (west side of South Federal Highway, south of Linton Boulevard). 6. Approved with conditions (7 to 0), a Class III site plan modification, landscape plan and architectural elevation plan associated with the addition of a 5,950 sq. ft. Life Long Learning Center and a 3,348 sq. ft. terrace level dining area within a clubhouse building at Harbour's Edge, located at 401 Linton Boulevard (northwest corner of Linton Boulevard and the Intracoastal Waterway). 7. Approved with conditions (7 to 0), a Class V site plan, landscape plan and architectural elevation plan associated with the expansion of the existing Neighborhood Resource Center, including the construction of a new 3,433 sq. ft. one -story office building and a passive pocket park, located on the northeast corner of SW 2nd Street and SW 12th Avenue (133, 139 & 145 SW 12th Avenue). Concurrently, the Board recommended approval to the City Commission of a waiver to allow a reduction in the required 10' perimeter landscaping to 6'. Historic Preservation Board Meeting of October 17. 2012 8. Approved with conditions (7 to 0), a request for a Certificate of Appropriateness /master sign program for the commercial spaces on the first floor of the Old School Square Garage, located at 95 NE 1st Avenue within the Old School Square Historic District. 9. Approved with conditions (6 to 1, Ronald Brito dissenting), a request for a Certificate of Appropriateness for alterations and additions to a single family residence, demolition of an accessory structure and construction of a one - story, one -car garage for the "Waters - Wellenbrink Residence ", an individually designated property, located at 1108 Vista Del Mar Drive. Concurrently, the Board approved a variance (7 to 0), to allow the existing base flood elevation of 4.7' for improvements and additions to the existing structure, whereas a minimum of 7' is required. 10. Approved with conditions (7 to 0), a request for a Certificate of Appropriateness for the demolition of a contributing principal and accessory structure and construction of a one - story, single- family residence and a detached two -car garage at 130 SE 7th Avenue, within the Marina Historic District. RECOMMENDATION By motion, receive and file this report. Attachment: Location Map • CITY COMMISSION MEETING —_,—_C,nLIMITS N APPEALABLE ITEMS �- LOCATION MAP ONEtu11lE PLANNING AND ZONING 6, 2Q12 NOVEMBER CRAP iC SCALE DEPARTMENT PZB. HPB: A. CHASE BANK - DELRAY SQUARE 3_ DEE DEES CONCH RIB & CRAB SHACK 8. OLD SCHOOL SQUARE GARAGE SPRAB: 4. AHEAD OF OUR TIME 9. 1108 VISTA DEL MAR DRIVE 1. PALM BEACH COMMUNITY BANK 5. ED MORSE CADILLAC 10. 130 SE 7TH AVENUE 8. HARBOR'S EDGE 2. DA COSTA 7. NEIGHBORHOOD RESOURCE CENTER i UfUlIAL owsr mwr- srs rtrw -- -- ocs -- MAP HLF: S: \Planning & 7aning \DBMS \File— Cab \CC— DOC \11 -6 -12 MEMORANDUM TO: Mayor and City Commissioners FROM: David Boyd, Finance Director Patsy Nadal, Purchasing Manager THROUGH: David Harden, City Manager DATE: October 25, 2012 SUBJECT: AGENDA ITEM 8.0.1 - REGULAR COMMISSION MEETING OF NOVEMBER 6, 2012 CONTRACT AWARD/ THE DUMONT COMPANY. INC. ITEM BEFORE COMMISSION City Commission is requested to approve contract award to The Dumont Company, Inc. for the purchase and delivery of Hydrofluorosilicic Acid, per bid #2013 -01 for the Water Treatment Plant, at an estimated annual cost of $48,000. BACKGROUND Hydrofluorosilic Acid is used for fluoridation of drinking water. It is a crystal clear product that is manufactured consistently as a 23% solution. Since it is a manufactured product, it is very low in heavy metals. This makes it a good choice as a source of fluoride and minimizes the addition of other undesirable elements to the water system. One (1) vendor submitted completed bid documents and three (3) "Statements of No Bid" were received by the Purchasing Department with reasoning for the no bid varying from no bulk storage faculties to unable to meet specifications. Bid #2013 -01 documents on file in the Purchasing Office. FUNDING SOURCE 441 - 5122 - 536.52 -21 OPERATING SUPPLIES / CHEMICALS RECOMMENDATION The Manager of the Water Treatment Plant recommends award to The Dumont Company at an estimated annual usage of 16,500 gallons @ $2.90 per gallon total estimated annual cost $48,000. "as needed" for the City of Delray Beach per attached email dated October 24, 2012. � 0 ■ 0 a n � ) 7 ) � IL E � § § _ � § � o � 7 ( ■ f 0 D > k cc 0 � �/ \ z o z �f L § �� f 0 zk 0 2 � O -- p ❑ o 0 0 ; § U k C ■ 0 0 r- \ LL, o CL . ƒ \ � 2 LLI � > ; \ ® � _ ® z \§ « - An m < §\ R 2 -0 B W * c U > o k z E 2 X02 2 k ©% LU §k2 m F.- woo E Q W LM m M = rIL W 0 0 p =o 0 V ta FI N v w u w a w H 0 a O wQ° a� �Zm li 4f F Z LU F f- w ui Q 2 U w m J LU U. o� d OM L2 U 8� LLI a M; LL ou a ❑ W LU m W Q J LU W 0 CD uj W O Li h Ul fj) m= o U U) Wq U 04 C� CL z a o. e O ro d rL O U ur a LU a J a a LL' LU F 0 O I- C N k- LL 0 z o z z❑ O U Q a � Lu �- LLI U z LU C LU J F Z LLJ LU F � z a w x � Lu w m O \ \ e k ( I \ z 2 k � 2 E « /73 e LO ƒ \ L/) ��0 2 4 q \ q & U / \ Cl k E S \ \ e d F f \ �a -40 �CL � � � �� \ _r_ 7 % � / G $ ° L G = 3 A o 41 / m o 0 M 7 j R / = § CL � $ $ L; m 0 &p\ E \ o u�k �F't m_ / / 3 0 \ k } j 3 k = = E %# /f£ % f 7 ƒE m g k 27g \ @ [ \ \ 2 / / f a § K y\ y am\ 1 t $ a d\kk0 Sat ) \\ \ / \ E 2 - ■ � - E ° ± E ƒ k 1 S ( Z .... q a- f L2�J2 L -k \ \ e k ( I \ z 2 k � 2 E « /73 e LO ƒ \ L/) ��0 2 4 q \ q & U / \ Cl k E S \ \ e d F f \ �a -40 �CL � � � �� U U Q U I � N �' � ,�,� cad �� �rr��••�� Or%] .��" � ,� 7� j Cd y R A O W m tt3 d U> m U U W V1 N cn v i 45 -15 bA O 0 U� r� cci U A 4 a U o O F 20" O D U bU vU N w A C ^d cd �0 O F Sr b CM C Q�mj O O O U r Cd •��• �1 p- Q * bb 0 C'. O O U U U O y A cad oj bt P p U U O O L4!1 Ln O 0 U O p C ✓, U #, 0 c cn w o �. U N Cd cj R � K � O U 4 '�]„" ran '� ❑" � U F� Gn cin ID - � od o � p U �� U U �{ ° 3�b a� 0 0 U � O O O cd ¢� o rn to d ° r� cd O cti O +�+ N O U Ul v Q SL 0 c cn w o �. U N Cd cj R � K � O U 4 '�]„" ran '� ❑" � U F� Gn cin ID - � od o � p U �� U U �{ ° 3�b MEMORANDUM TO: Mayor and City Commissioners FROM: Begona Krane, Engineer Richard C. Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: October 30, 2012 SUBJECT: AGENDA ITEM 8.0.2 - REGULAR COMMISSION MEETING OF NOVEMBER 6, 2012 CONTRACT AWARD /FOSTER MARINE CONTRACTORS, INC. ITEM BEFORE COMMISSION This item is a request to award a contract to Foster Marine, Inc.as the lowest responsive bidder in the amount of $84,445 for the construction of roadside swales along NW 7th and 12th Streets and NW 3rd and 5th Avenues in the Lake Ida Neighborhood. BACKGROUND The scope of work for this project includes the construction of 6" deep roadside swales, clearing and grubbing, grading, sod, and maintenance of traffic on streets in the Lake Ida Neighborhood as shown on the attached location map. The project was competitively bid with the bid opening occurring on June 12, 2012. Bids were received from three contractors as follows: Devland Site, Inc. $66,356.30 Foster Marine Contractors, Inc., $ 84,445.00 West Construiction, Inc. $ 93,344.40 Devland Site, Inc. was the apparent low bidder, however a review of their submittal revealed the following discrepancies in their proposal: Of three project experience references provided in the Devland proposal, only one, for the City of Lake Worth, related to swale construction. Upon requesting verification of the reference from Lake Worth, we received a negative performance report relative to their experience with Devland on that project. The contractor's license provided in the Devland submittal reflected an expiration date of August 31, 2011. A visit to the state licensing website on June 13th, indicated that Devland's license was, indeed, current, but had a probationary status attached to it. That status had been removed by July 23rd when staff checked the website again. The primary construction activity of the project is swale construction. Analysis of the bid tabulation attached indicates that bidders two and three bid the project accordingly with the swale construction line item being the highest single cost. The Devland proposal for the project reflects a total cost of $34,000 for the first three line items which are essentially preliminary activities to the primary swale construction scope. This equates to approximately 51% of the bid price which would be invoiced prior to a comensurate percentage of work being performed. The proposal is clearly unbalanced in the bidder's favor. On the foregoing basis, the Devland bid was considered non - responsive resulting in a recommendation to award to Foster Marine as the lowest responsive bidder. This recommendation was posted on June 26, 2012. In accordance with City Purchasing Policies, any bid protest must be filed within 5 (five) calendar days of the date of publication of the award recommendation which, in this instance, was July 3, 2012. Devland Site submitted a formal bid protest dated July 13, 2012, well past the window for filing such a protest. The protest was considered and rejected based on the failure to meet the time elements for filing the protest. As a courtesy to Devland and for guidance for future bidding, the protest response detailed the problems with their proposal as well as the requirement for a protest to be considered to have merit being proof that an action or lack of action by the City gave a bidder an unfair competitive advantage. Such was not the case in this instance. Staff is, therefore, recommending that Commission award the subject contract to Foster Marine Contractors, Inc. as the lowest responsive bidder in the amount of $84,445.00. FUNDING SOURCE Funding for this contract is available in Stormwater Utility account #448 - 5461 - 538.46 -43, Drainage Swales. RECOMMENDATION Staff recommends award of a contract for swale construction in the Lake Ida Neighborhood to Foster Marine Inc. as the lowest responsive bidder in the amount of $84,445.00. W .O L W ca J ti r_ N O r 0 N O � Z ~ m 00 U 0) O a- u) 0) (6 M 0) c J m 00000000000 0 0000,1-000000 (j W O 00011-0000000 O O V O 0 0 0 0 0 0 U_ v00v 0') 00v00LO0 0" N— N I— V N M N� Ln M o < O c U) O U w U 00900999909 ° ° ° ° ° ° a O O O O N O O O O O > o o o N c v> o o o o o in o a 00000000000 000000000000 O W U O o0Lnl-vol-0000 O O N W O O O O O O Lo O NIA Ln O Ln 000 O LOO 2 d V V 000 NM NFL( � N ER ER ER ER ER O J Q ER ER 00 O U F-- G) O U 0 C � W U O O O O O O O O 0 O 0 O 0 O 0 0 O O 0 a O O 0 °o 0 0O 00 O 00 N � ° 69� Ln -00 W 0 0 0 oo 0 LL ) ( 6c, � 00000000000 000-0000000 0 O 0000000000 M 0001-00000000 (O W OOO I—I—O Cl) 00 LO Ln U M M 00 NNMMMN691Lt7 Cl) ELT 6c3 N Eck 6c3 6c3 6c3 6q 6q IL 6q J Gq f o > ° U O O o O 0 0 0 0 o 0 (Do d 00_ 00_ 0 d 00_ O 00_ 00_ 0 00_ R M W G 0 � Z � 0 � N W d O bA 0 C O U pp U W° _t� CC� o oQC7� U U � W Z � U 0) O a- u) 0) (6 M 0) c J m FOSTER MARINE CONTRACTORS, INC. General Contractor October 30, 2012 Engineering Department City of Delray Beach 434 S. Swinton Ave. Delray Beach, Florida 33444 Phone: (561) 243 -7299 Fax: (561) 243 -7060 Attention: Begona Krane 1550 Southern Boulevard, Suite 100 West Palm Beach, Florida 33406 0:561 -683 -0034 1 F:561 -683 -0335 Sent Via Email, 1 Pa e- 8:34am Re: LAKE IDA SWALES PROJECT Bid No. WUD # 2012 -27 "Honoring Bid Price 1 Award of Contract" Dear Ms. Krane: As discussed, we are willing to enter into a contract with the City of Delray Beach to construct the Lake Ida Swales Project for our bid price of $ 84, 445.00. Also, we hereby agree to honor our unit prices as bid 06112112. Therefore, if you are in agreement, please obtain the necessary approvals from your staff and forward a contract at your earliest convenience. Should you have any questions, please contact me at (561) 683 -0034, facsimile (561) 683 -0335 or email kevins @foster- marine.net Sincerely, evin E. Schwiderson President w /enc. cc: City of Delray Beach, Lake Ida Swales Project —Bid Folder EL , � i fti, 3 f -3 r _ 3 -J � sa - 1302 Wingfield Street Phone: 561 -585 -6370 Lake Worth, Florida 33460 Fax: 561 - 732 -0106 July 13, 2012 City of Delray Beach 100 NW 1st Ave. Delray Beach, Fl. 33444 Attn: Patsy Nadal Re: Letter of Protest f Lake Ida Swales Project 1 City of Delray Beach Project No: 2012 -010 f Bid No: 2012 -27 Dear Ms. Nadal: We ask that you accept his letter as a formal letter of protest regarding the award of the above listed solicitation. It is our firm belief that our company should be awarded the project based on being the lowest responsive bidder. We have been informed by the City of Delray Beach engineering department that Foster Marine was to be awarded this project; Foster Marines proposal was over 20% higher than Devland Site, Inc. It was further indicated that the reasoning for this determination was based on references/background and license check. Please note that on bid date our firm supplied references, all of which would give our company an excellent rating. The city chose to contact the City of Lake Worth and spoke with a Jimmy Brown. Mr. Brown is currently working with our company on a project that commenced this month, his knowledge of whether our company is reliable is irrelevant since we have not worked with him long enough to make this determination. The City of Delray Beach is more than welcome to contact The City of Lake Worth, a Mr. Douglas Lovelace and also Mr, Martin. July 13, 2012 City of Delray Beach Attn: Patsy Nadal We have completed several projects under their supervision; a letter of reference was enclosed with our bid. Other contacts enclosed in our bid were from Chuck Huff of The Village of North Palm Beach, and Jeff Krich of Creek Bay Development. If needed, our company is able to provide more references. Along with references I would like to point out that Devland Site, Inc., is a qualified site development company with over 30 years combined experience. We have worked with State agencies and county municipalities including the City of Delray Beach. Our firm completed both the Village of North Palm Beach Demolition and Swale project; project value exceeding $475,000.00. Also, the Bryant Park Swale project; project value exceeding $225,000.00. These swale projects were 3 - 5 feet, the current project for Lake Ida Swale is 12 ". We are more than confident of our ability to complete this project. Enclosed please find photographs of previous and current projects relating to our work. They consist of Village of North Palm Beach, Bryant Park, and Lake Worth Swale. As far as our license is concerned, Devland Site, Inc., has current and active licenses for both Palm Beach, and Broward County, and has no violations or restrictions on these licenses. When a company upgrades from county to state licensure it is normal and standard procedure to place the company on a one year probationary period. Our one year probationary period will end on August 31, 2012. Please note that this probationary period for the State in no way effects our cur -rent county licenses which consists of demolition, paving, utilities, and excavation. In the construction industry most companies allocate certain dollar amounts to the bid process that can be both costly and time consuming. It is discouraging when fair and ethical bid practices are not adhered to and companies not given the opportunity to prove their capability. In all fairness our firm should have been contacted if there was an issue relating to our submission. Had I not contacted the purchasing office direct the award would have been given to Foster Marine, despite Devland Site, Inc., being lowest bidder. A similar situation happened to our firm several years ago concerning a City of Delray Beach project named Germantown Road. We did not protest the award even though we were the lowest bidder, however this pattern concerns us and we are intent on proceeding with this protest. July 13, 2012 City of Delray Beach Attn: Patsy Nadal We are requesting this matter be brought before the board, Mr. Harden, and yourself. Furthermore, we would like the award determination pulled from the agenda so that we can discuss the matter. We strongly feel that any award other than to our firm is an injustice. Please contact our office at your earliest convenience. Sincerely, Car(Oeveau x Carl Deveaux Vice - President AD /ad cc. David T. Harden, City Manager Begona Krane, Engineer Rafel Ballestero, Director of Construction DELRAY BEACH o a 1 o bftd 1993 2001 t� WEi A, W 100 NW 1st AVENUE + DELRAY BEACH, FLORIDA 33,144 561/243 -7000 October 23, 2012 Mr. Carl Deveaux, Vice - President Devland Site, Inc. 1302 Wingfield Street Lake Worth, I=L 33460 Dear Mr. Deveaux: This is in response to your Letter of Protest/Lake Ida Swale Project/City of Delray Beach Project No. 2012010. The City's Bid Protest Procedure, which was included in the bid specifications and a copy of which is attached, clearly states that any bid protest must be filed within five days after posting of an award recommendation. In the case of this bid, the protest deadline was the close of business on July 3, 2012. Your protest was not filed until July 13, 2012; therefore, it is not legally sufficient. We do appreciate you interest in bidding on our projects, so we offer the following comments as constructive feedback. Of the three projects included in your bid package as representative experience for the project scope, only one related to swale excavation /construction, This project listed the City of Lake Worth as the owner. The other two projects involved demolition and hauling of lime sludge. The City of Lake Worth was contacted to provide a reference on their swale project and their comments, although indicating that the project was still in progress, were not positive. 5ERV_TCE ' PERFORi41ANCE ' INTE&PLTY a E5PON518LE ' 1NNOVATIVE ° TEAMWORK Mr. Carl Deveaux, Vice - President October 23, 2012 Page 2 of 2 The state contractor's license included in the bid submittal showed that it had expired on August 31, 2011. Upon checking with the state on June 13, 2012, staff verified that the license was indeed current but had a probationary status attached to it. (When we checked again on July 23, the probationary status had been removed.) Upon comparing the bids from the three respondents, your bid appears to be unbalanced. You bid $28,000 for Clearing and Grubbing compared with bids of $18,750 and $2,400 from the other two bidders. For swale grading, the primary activity of this contract, you bid $2,770.30 compared with $25,572 and $51,144 from the other two bidders. There was also a 25% disparity in the bids for sodding. Based on our evaluation, your bid appears to be front loaded to your advantage. Supplemental information and statements included in or with your protest letter regarding other project experience and references cannot be considered even if the protest had been submitted timely. They represent post bid opening information and their consideration would prejudice proposals from other bidders. I must also point out that our Bid Protest Procedure states A protest will only be considered to have merit if it can be proven that an action, or lack of action, by the City gave a bidder an unfair competitive advantage." You have not alleged any such action or inaction nor was there any. I hope that sharing these comments will help you in submitting more competitive bids in the future. I apologize for not responding sooner. Sincerely, 114kr_ �4� David T. Harden City Manager DTHIgb Attachment cc: Dick Hasko, Director of Environmental Services Patsy Nadal, Purchasing Manager SECTION xV SID PROTEST PROCEDURE The following is the procedure which shall be followed for all protests of formal, sealed bids or proposals. (1) In order to be considered, protests concerning the bid or RPP solicitation or award must be filed in writing with the Purchasing Officer, and may only be filed by bidders who may be aggrieved by the solicitation or award. Protests shall be addressed tot Purchasing Officer 100 N. W. First Avanue Delray Beach, F1. 33444 (2) The time limit for filing a protest is five (5) calendar days from the date bid results become public information. (3) No action to award a bid under protest will be taken until either the protestor withdraws the protest, or the City Commission determines the protest is without merit, and approves the bid award. (4) Upon receipt of a timely protest, the Purchasing Officer will review the protest, consult with appropriate City staff, and issue a written finding (Approved by the City Manager and City Attorney) within twenty (20) working days of receipt of the protest. A protest will only be considered to have merit if it can be proven th'at an action, or lack of action, by the City gave a bidder :an anfair competitive advantage. If the protest is found to have merit, appropriate action to correct the situation will be taken. (5) The written finding of the Purchasing Officer shall be sent by United States mail to the address of the protestor as set forth in his bid documents, and receipt of this notice shall be deemed to occur within five (5) calendar days from the mailing of the notice. (b) If the City Manager finds no merit in the protest, and does not direct alternative action by staff, the recommendation of staff in the written findings of the Purchasing Officer shall be placed, along with the recommended bid award, on a City Commission agenda for Commission action. The protestor may appear at the Commission meeting and state his protest; however, the City Commission shall be free to award the bid and enter into an agreement. MEMORANDUM TO: Mayor and City Commissioners FROM: Begona Krane, Engineer Richard C. Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: October 31, 2012 SUBJECT: AGENDA ITEM 8.0.3 - REGULAR COMMISSION MEETING OF NOVEMBER 6, 2012 CONTRACT AWARD/ TRANSMAP CORPORATION ITEM BEFORE COMMISSION This item is before the Commission seeking approval/authorization for Mayor to execute the Standard Form of Agreement with Transmap Corporation, piggybacking on an Escambia County, Florida agreement, for the City's Pavement Assessment Project. Total cost of this contract is $53,912.08. Project #13 -021. BACKGROUND Historically, the City's annual roadway reconstruction program administered through the City Engineering Department has been driven by priorites based on annual drive -by inspections performed by engineering staff. Letter designations "A" through "E" are assigned to street segments based on visual inspections of pavement condition with "A" representing the best condition and "E" representing the worst. Funding is then directed toward rehabilitating segments with the worst condition designations. There is little documenation generated from this method beyond maintenance of a Roadway Condition Atlas and the assignment of condition designations becomes somewhat inconsistent with multiple staff members performing the inspections. This proposal will result in the development of a Cartegraph database including 360 degree street level photography and conforming to American Society for Testing and Materials (ASTM) standards. This project will result in the establishment of a comprehensive citywide roadway condition database based on ASTM standards which will form the basis for a five year resurfacing and reconstruction program. The scope of work includes a street inventory of the city's 160 ± center line miles, and analysis to assist in developing the city's annual resurfacing program. The consultant will provide the following services for a total fee of $ 53,912.08: Raw data collection (Detailed surface crack analysis) Centerline file in GIS Distress analysis Data loaded into CarteGraph Attached are the following: Escambia County Road Evaluations Identification number PD 10- 11.062, Standard Form Agreement between City of Delray Beach and Contractor and City of Delray Beach Pavement Pricing and Road Atlas. FUNDING SOURCE Funding for this project is available in General Fund Capital Account #334 - 3162 -541- 61.17, Street Reconstruction. RECOMMENDATION Staff recommends approval. 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U (O C c fu +' o 0) c 7 .. +� E L, m Ln -6 ro ._ L CC C f z > Ill fu LL. f E c +: c a ro +c c Ln f6 N E L (D N E >>, > +� c� u ° a -O U fu a N N N N N m O a Ln II�^ In N E L cu ❑ L 0 U M n a� M.Y EaL m O C O O Ib +1 O O CO � O N o O rn U) O O Ln N m O a Ln II�^ In N E L cu ❑ L 0 U M n a� M.Y EaL m O C O i� O n� E c m � C 0 f6 N 3 O L a > f6 U E N (n f6 Ln m Ln 4.� fo fu �Q�C7 0 a� C N C L (O N a-r- -r- Ln r6 . E 3: fu "0 C p C daO.i E 0 a) f6 U EE°—'o E C O L L U '� a 0 fu U fu N O m L L O O a \N Ln Ill I) fu E N fu CO i C > O � In +' L ❑ Q M STANDARD FORM OF AGREEMENT BETWEEN CITY AND CONTRACTOR THIS AGREEMENT made this day of , 2012 , by and between the CITY OF DELRAY BEACH (hereinafter called CITY) and Transmap (hereinafter called CONTRACTOR). WITNESSETH: The CITY and the CONTRACTOR in consideration of the mutual covenants hereinafter set forth, agree as follows: 1. The undersigned CONTRACTOR hereby represents that he has carefully examined all Contract documents, and will perform the contractual requirements pursuant to all covenants and conditions. 2. The CONTRACTOR, as evidenced by the execution of this contract, acknowledges that it has examined the physical characteristics of the job requirements. The CONTRACTOR further acknowledges that the bid price includes all costs and expenses required for the satisfactory completion of the contracts requirements. 3. The contract between the CITY and the CONTRACTOR shall include the following documents which are attached hereto and incorporated herein by reference of the following: CONTRACT DOCUMENT (S) Standard Form of Agreement Corporate Acknowledgment Certificate Insurance Requirements Sample Insurance Form Page 1 PAGE NUMBERS 1 -5 6 7 8 -9 10-11 CONTRACT DOCUMENTS (cont'd) PAGE NUMBERS Drug Free Work Place Certification 12 (if not provided in other bid) Performance /Payment bond N/A Pricing 13 Standard Professional Documents (other agency) Exhibit A 4. The term of this contract shall commence on the date indicated the Notice to proceed by both parties and shall continue for a period of 4 months 5. This agreement shall be governed by the laws of the State of Florida as Now and hereafter in force. The venue for actions arising out of this agreement shall be Palm Beach County, Florida. 6. All notices, requests, demands, and other given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses: As to City: City of Delray Beach, FL 100 NW 1st Avenue Delray Beach, FL 33444 As to CONTRACTOR: Transmap 3001 N. Rocky Point Dr. E. ,Suite 200 Tampa, FL 33607 (813) 286- 6180 7. The CONTRACTOR shall not, without prior written consent of the CITY, assign any portion of its interest under this contract and, specifically, the CONTRACTOR shall not assign any moneys due or to become due without the prior written consent of the CITY. Page 2 8. The CITY and the CONTRACTOR each binds himself, his partners, successors, assigns and legal representatives to the other party hereto in respect to all convenants, agreements and obligations contained in the contract documents. 9. In consideration of ten dollars ($10.00) and other valuable consideration, the CONTRACTOR shall defend, indemnify and save harmless the CITY, its officers, agents and employees, from or on account of any liabilities, damages, losses and costs received or sustained by any person or persons by or in consequence of any negligence (excluding the sole negligence of the CITY), recklessness or intentional wrongful misconduct of the CONTRACTOR and any persons employed or utilized by the CONTRACTOR in the performance of this Project. CONTRACTOR agrees that negligent, reckless or intentional wrongful misconduct includes, but is not limited to, use of any improper materials or liabilities, damages, losses or costs caused by or on account of the use of any improper materials. CONTRACTOR agrees that negligent, reckless or intentional wrongful misconduct also includes but is not limited to the violation of any Federal, State, County or City laws, by -laws, ordinances or regulations by the CONTRACTOR, his subcontractors, agents, servants or employees. CONTRACTOR further agrees to defend, indemnify and save harmless the CITY from all such claims and fees, and from any and all suits and actions of every name and description that may be brought against the CITY on account of any claims, fees, royalties, or costs for any invention or patent, and from any and all suits and actions that may be brought against the CITY for the infringement of any and all patents or patent rights claimed by any person, firm, or corporation. Page 3 The indemnification provided above shall obligate the CONTRACTOR to defend at his own expense or to provide for such defense, at the CITY'S option, any and all claims or liability and all suits and actions of every name and description that may be brought against the CITY which may result from the operations and activities under this Contract whether the construction operations be performed by the CONTRACTOR, his subcontractor or by anyone directly or indirectly employed by either. This indemnification includes all costs and fees including attorneys fees and costs at trial and appellate levels. The CITY will pay to the CONTRACTOR the specific consideration of ten dollars and other good and valuable consideration as specific consideration for the indemnification provided herein. Furthermore, the CONTRACTOR acknowledges that the bid price includes said consideration for the indemnification provision. 10. This Agreement shall be considered null and void unless signed by both the CONTRACTOR and the CITY. 11. The contract documents constitute the entire agreement between the CITY and the CONTRACTOR and may only be altered, amended or repealed by a duly executed written instrument. 12. The Parties agree and acknowledge that the CITY is "piggybacking" off of the contract between Transmap and Escambia County, Florida , and that the terms and conditions of that agreement shall govern unless they are in conflict with the terms and conditions of this Agreement, and in that event, the terms and conditions of this Agreement shall govern. Page 4 IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the day and year first above written. ATTEST: City Clerk Approved as to form: City Attorney WITNESS: CITY OF DELRAY BEACH, FLORIDA By: CONTRACTOR: BY: Mayor (Print or type name and title) (Print or type name and title) (SEAL) Page 5 Exhibit "A" Escambia County Road Evaluations 2010 -2011 Fiscal Year "Scope of Work" Summary This project consists of evaluating pavement conditions for approximately 1400 centerline miles of roadway. These roadways are comprised almost entirely of hot mix asphalt pavement. This project will also include uploading the collected pavement condition data into Escambia County's CarteGraph pavement management database. The firm will review and update pavement performance models based upon the new condition data with Escambia County, as well as provide a refresher course on the use of the CarteGraph software. Escambia County currently uses a 0 to 100 sliding scale for ranking each roadways overall condition index. We intend to continue using that ranking system. The firm will assist Escambia County in the development of a 5 year roadway resurfacing/ reconstruction plan. Transmap Corporation Escambia County The detailed surface distress analysis November 2, 2011 Pavement Management Pricing calculation. Transmap uses ASTM D- includes pavement width at sample locations 1)Project Management /Raw Data Collection web environment with the PMS data, 6433 -09 compliant methods (units = and section length, including robust QA /QC. 13,739 Transmap Transmap Task (County has 5,444 segments in network, the Units Price Total 1.1 Transmap Project Management (units = Covers kickoff meeting in Escambia County, average samples per segment is 2.8 lump sum) support, conference calls, etc. - wrap up, 1 $15,263.00 $15,263.00 project tracking (deliveries) project reports days) County to review pavement practices and 1.2 ON- SIGHT'" Raw Data Collection (units = Raw roadway data and image capture. 360 - procedures. This will set the foundation for centerline miles) degree image view of all roadways (ROW) 1260 $99.00 $124,740.00 with dedicated pavement camera (100% 2.3 CarteGraph Formatting and Loading Transmap will run all pavement distress data roadway coverage) through CarteGraphto produce the OCI 1 ON- SIGHT'" Raw Data Collection (units = 40 miqFit on ra values. centerline miles) 2.4 Pavement Reporting (units = hours) A 5 -10 year pavement plan with candidate 40 $99.00 $3,960.00 Subtotal $125.00 $5,500.00 $143,963.00 2)Pavement Data Collection Creation Transmap Transmap Task Desrrintinn CnmmP.nts Units PrirP 2.1 Streets - Pavement Inspection and PCI The detailed surface distress analysis calculation. Transmap uses ASTM D- includes pavement width at sample locations $0.00 web environment with the PMS data, 6433 -09 compliant methods (units = and section length, including robust QA /QC. 13,739 $5.38 $73,915.82 samples). (County has 5,444 segments in network, the average samples per segment is 2.8 2.2 Pavement Manual /Bootcamp (units = Transmap will come on -site to Escambia days) County to review pavement practices and 2 $1,750.00 $3,500.00 procedures. This will set the foundation for reporting. 2.3 CarteGraph Formatting and Loading Transmap will run all pavement distress data through CarteGraphto produce the OCI 1 $5,500.00 $5,500.00 values. 2.4 Pavement Reporting (units = hours) A 5 -10 year pavement plan with candidate maps. The reporting is based on information 44 $125.00 $5,500.00 gathered at the boot camp. Subtotal $88,415.82 3) Core Deliverables _ Transmap 'wFans T-16, rl.0 Hr ti r mA tc I Wt. 3.1 ArcGIS Server Web -Based Image Viewer Transmap will set up Escambia County to view all collected images in ArcGIS Server 0 $0.00 web environment with the PMS data, Orthophotography and GIS basemap layer. Subtotal $0.00 Transmap suggested miles to meet budget = 1300 driving and inspection Total $232,378.82 Budget $228,498.00 40 mile Credit $3,880.82 MEMORANDUM TO: Mayor and City Commissioners FROM: David Boyd, Finance Director Patsy Nadal, Purchasing Manager THROUGH: David Harden, City Manager DATE: November 1, 2012 SUBJECT: AGENDA ITEM 8.0.4 - REGULAR COMMISSION MEETING OF NOVEMBER 6, 2012 CONTRACT AWARD/ UNIFIRST CORPORATION ITEM BEFORE COMMISSION City Commission is requested to award the uniform rental and flat supply services via City of Boca Raton RFP No. 2010 -034 to UniFirst Corporation for an estimated amount of $291,000.00 annually. BACKGROUND Per the SEW Contract dated October 2010 through September 2013, page 47, Section 5: "The City hereby agrees to pay the cost of City maintenance service for uniforms for the Union employees, when such uniforms are deemed appropriate by the City and are approved and supplied by the City, all in accordance with current City practices." The City's current vendor G &K Services, Inc. was awarded the contract via the City of Vero Beach BID# 97 -41 and was not renewed this year. Over the last year or so the service and quality of uniforms has greatly deteriorated, department complaints have increased, and there have been instances of invoice over billing, unexplained increases and other charges. G &K will not replace frayed items without a charge to the City. UniFirst Corporation has agreed to extend the terms and pricing to the City of Delray from Boca Raton RFP No. 2010 -034. The contract pricing via RFP No. 2010 -034 will save the City $16,151 on uniforms and flat supply services (floor mats). FUNDING SOURCE 52 -22 OPERATING SUPPLIES / UNIFORMS /LINEN SERVICE Multiple Departments RECOMMENDATION Staff recommends award of uniform rental and flat supply services for City of Delray Beach to UniFirst Corporation for an estimated annual amount of $291,000. City Of Delray Pricing Comparison Uniform G &K Weekly Cost $1,029.47 Monthly Cost $4,117.88 Annual Cost $53,532.44 Weekly Savings Monthly Savings Annual Savings Mats and Flat Goods Weekly Cost Monthly Cost Annual Cost Weekly Savings Monthly Savings Annual Savings $784.23 $3,136.92 $40,779.96 $245.24 $980.96 $12,752.48 G &K UniFirst $241.33 $175.96 $965.32 $703.84 $12,549.16 $9,149.92 $65.37 $261.48 $3,399.24 Total Savings Uniforms, Mats, and Flat Goods $16,151.72 $245.24 Nadal, Patsy From: Mark_DeLoach @unifirst.com Sent: Wednesday, October 31, 2012 10:54 AM To: Nadal, Patsy Subject: Fw: City of Boca Raton Attachments: City of Boca Raton. pdf Patsy, here is everything you requested. Let me know how it goes. Thanks, Mark - - - -- Original Message - - - -- From: Robert G Buzar Sent: 10/31/2012 10:38 AM EDT To: Mark DeLoach Subject: Fw: City of Boca Raton I have attached the award letter from the city of Boca for RFP NO. 2010 -034. UniFirst Corp. agrees to extend the terms and pricing to the City of Delray Beach that are included in RFP NO. 2010 -034 Uniform Rental Services and Flat Supplies. Please let me know if you need any additional information or documentation. Thank you, Robert Buzar Sales Manager Loc - 919 500 SW 13th Ter. Pompano Beach, FL 33069 robert buzar@unifirst.com Office - 954 -783 -6369 Fax - 954 -783 -7756 - - - -- Forwarded by Robert G Buzar /admin on 10/31/2012 10:33 AM - - - -- From: Mishell Arcos /admin To: Robert G Buzar /admin @unifirst.com, Date: 10/31/2012 10:31 AM Subject: City of Boca Raton (See attached file: City of Boca Raton.pdf) 1 3$ �� �MOCXr [:I I Y HALL • 701 WES'1 PArLMCI`10 PARK ROAD • B0(;A RAT4N, I-L [�R]f3A i 3q 17.3785 F'I l()hiF: (5$i) 39 1 -7700 (FOR IWARING 670PAiRFO) TUD_ ( 5111) 36t_- 046 SkYW -0m: (561) 9n -77'QG Ih!'f1iIL1VIi'r October www.ci.tm c3_T:j[nrs rijN 4, 2010 Unif=irst Corporation 500 SW 13 Terrace Pompano Beach, FL 33069 Sub�ect_ Uniform Rental Services and Flat Suppliers NOTICE TO PROCEED RFP NCI. 2010 -034 [dear Mr. Dukesire: This letter shall serve as your notice to proceed with 'the project described in PFP No, 2010 -034. According to the contract, you will perform and complete measurements of all City employee requiring uniforms within fourteen (14) calendar days fallowing the date indicated on this "Notice to Proree&. All transition. work roust be completed within forty -five (45). calendar days from the daze indicated in the notice. The contract completion date for the delivery of the uniforms Y01 be on or before December 2, 2011. While working on this City project, communication is a necessity and you are required to keep the contract liaison fully informed as to your status. Any problems or conflicts are to be reported to the contract Raison immediately via phone and followed up in writing. Please acknowledge receipt of this notice by signing, dating and returning this document promptly to this office- Should you have any questions please feel free to contact me at (551) 415.3384 or e-mail at jaahem myboca.uc. i c;ely, i J iA h er n perations Manager Cc: Lynn Kunkel Shadene Solis e e By: - - - -. Title: LerzA� e [gate:. 0 0 er AN E.QUAl- OPPOWUNITY EMPLOYER — Automatic Garment Replacement We keep you looking good A minimum of 17 cents of every uniform dollar invoiced is reinvested back into your account UnFirst SLOW Our Change -As- Needed system ensures a superior image Uniforms are inspected each week Worn items are automatically replaced i www.unifirst.com Automatic Repairs Repairs are made before you have to ask 97% of all needed repairs are found during our 10-point inspection process Uniforms are mended and returned on your next ` scheduled delivery day Our tag system makes it easy to indicate special needs UniFirS-t GII r r www.unifirst.com Ist r i ra: "14 low T J Professional Shirt Pressing A polished appearance makes the difference. At UniFirst, we know your • We take extra effort to • You get the sharp, crisp employees' appearance individually press all of look you want ... that your means a lot, both to you our work shirts before company deserves... at no and your customers. returning them. extra charge. unifirst. com Just one more example of the extra value you get with UnFirst I� t 0 P 0 Uniforms . Services . Solutions C° The UniFirst Service Promise Clothing We promise you will be supplied top - quality garments manufactured to the rigid standards demanded by industrial uniform programs, and that each employee will be carefully fitted to ensure both comfort and a good uniform look. Cleaning We promise your garments will be cleaned using environmentally safe detergents in modern industrial washers, thoroughly rinsed for fabric freshness and carefully dried and finished for the crisp look you expect. Repairs We promise that each time we clean one of your garments, we will carefully inspect it for minor tears, seam flaws, broken buttons, missing emblems, and more. Any deficiency will be repaired prior to the garment being returned. And any needed repair or alteration a wearer notifies us of through use of our Repair Tag System, will be taken care of before the garment is returned in the next week's delivery. Replacements Normal wear and tear, and repeated cleanings limit a garments useful life. We promise we will automatically change -out significantly worn garments and will supply replacements complete with fresh identification tapes and emblems. Route Service We promise your uniforms will be delivered on the same day at approximately the same time each week. In the event a national or local holiday falls on your normal delivery day, you will be notified in advance of a special alternate delivery arrangement. We have never missed a delivery due to circumstances within our control and we intend to maintain that record. Billing We promise the invoice you receive will individually list each employee by name and will show garment type, size, inventory issued, and weekly expense. It will also specifically identify any employees added to or deleted from the program and will serve as an effective control record. Customer Service Your Route Sales Representative's number one job is to ensure your satisfaction. But should you have a special need or problem that can't wait, we promise that the local UniFirst Customer Service Representative will handle your call and get a specific answer back to you within 24 hours. Or you Don't Pay Promises are fine, but they're not what you pay for. Any time we don't deliver precisely what we say we will, you won't be charged. To make that more specific: in any case where you have notified us of a service shortcoming and we don't correct it to your complete satisfaction, we'll make sure you're credited for the specific weekly garment charges... and that you continue to be credited until the service difficulty is fixed. We perform or you don't pay. It is as simple as that. It's a promise. UniFirst 100% Uniform Tracking UniFirst's exclusive UniTrack''' System p ultimate control for the uniforms you us( every garment is electronically tracked in your workplace by a UniFirst Route Rep who hand -scans special bar code labels affi item and immediately prints out your loci. UnffrackTM ensures total control. - You get an on- the -spot report of individual wearer usage... something suppliers with less sophisticated scanning systems don't deliver. - You see each wearer's cI.othing "turn -in" practice and know immediately who is or is not taking full advantage of the program. - You can quickly verify whether or not garment quantities picked up last week match quantities delivered this week. anifirst. com - You have detailed documentation to tie lost or missing garments to individual wearers. - In the event of an employee termination, you can see immediately the number of garments in his or her possession and in need of return. - You have quick and accurate information on overall program usage and the data needed to direct changes if necessary. M o l� Uniforms • Services - Solutions U. r c 0 Hassle -free Beginnings We take extra measures up front to ensure a smooth start to your uniform program. - "Try for Size" means a correct fit the first time unifirst.com - Automatic repairs, replacements keep your image intact. - Your dedicated service team ensures complete satisfaction. Begin your hassle -free UnIFlrst uniform program today. ®�� ® N Uniforms - Services . Solutions 100% Uniform Tracking with UniTrackTM A lot goes on between the time your soiled uniforms are picked up and your clean ones are delivered. Plant _ In -Count or Sling Loading Washer Dut Count Transport Unload/ Weighing of &Transport Loading by Computerized 6y Wearer to UniFirst -4,aT Soil Sort All Garments to Washroom '' Soil &Glass Wash Cycle Presort Press & Hang or _ Dryer LlnVnad pryer Loading r Washer Unload Garment Mang &Steam < & Sort for Inspection Tunnel Finishing - &Cycle �,: &Transport to Dryer RDLJtE! Delivery Drder to > Replace Garment Repair Garment Transport: {n -Count Inventory - As Needed As Needed to Customer by Wearer nts Garment Route Sort Order Processing/ Plant DutCaunt Repair Count by Item Picking Type /Garment gyyps N Garment ew Item Garment Verification & Fulfillment �s ��'�'' r., " Customer Sort Y i Vehicle Loading Despite this multi -step service process, you only see 2 things— pick -up and delivery. That's why UniTrack' is such a valuable tool, it guarantees accountability. And it's available only from UniFirst. Our scanner, coupled with the latest in bar code technology, allows us to precisely monitor all garments being picked -up and delivered, automatically entering the data in a custom database. Details of individual pieces are tracked by each employee's name, helping to manage "lost" items and to ensure accurate billing. For additional information, contact your UniFirst representative at 800.225.3364. r- fl 11M :St a unifirst.com Uniforms • Services • Solutions MEMORANDUM TO: Mayor and City Commissioners FROM: Clayton A. Gilbert, Building Maintenance Superintendent Richard C. Hasko, P.E., Director of Environmental Services THROUGH: David T. Harden, City Manager DATE: October 31, 2012 SUBJECT: AGENDA ITEM 8.0.5 - REGULAR COMMISSION MEETING OF NOVEMBER 6, 2012 CONTRACT AWARD/ CONSERV BUILDING SERVICES ITEM BEFORE COMMISSION This item is before the Commission to approve a contract award to ConSery Building Services in the amount of $47,500.00 for the replacement of aging mechanical components of the City Hall chiller system which provides air conditioning to portions of the facility. BACKGROUND City Hall is cooled by a chiller system that was installed in 1997; mechanical components of the system located in the pump room on the west side of City Hall circulate the chilled coolant throughout the system, providing air conditioning of the south portion of the facility. In the past few years, the system has experienced numerous failures due to the age and condition of the pump room facilities. The proposed upgrade will restore system reliability, minimizing the potential for future system failures. The system is currently maintained and serviced by ConSery Building Services, the vendor that holds the current annual HVAC contract with the City of Delray Beach for City Hall chiller system maintenance. FUNDING SOURCE The funding will be available from account 334 - 6112 -519- 64.90, City Hall Chiller /AC; project number 12 -037. RECOMMENDATION Public Works recommends approval of the contract award to ConSery Building Services in the amount of $47,500.00. -,mom A BCH Mechanical, Inc. Affiliate Presented to: City of Delray Beach each Project: City Hall Address: 100 West Atlantic Blvd. City: Delray Beach Florida Attn: Clayton Gilbert Corporate Office 635011W4 Avenue N., Largo, FL 33773 727.541.5503/FAx 727.544.1924 24 Flour Emergency Dispatch 800.940.3241 www.conservonline.com Date: October„ 26, 2012 Proposal No. A102612TEC -1 Subject: Replacement of circulation and lift pump assemblies for chiller system servicing the City Fall building. Scope of work: - Remove existing (4) chilled water pump assemblies and dispose of away from property. Furnish and install (2) new circulation pump assemblies. . Furnish and install (2) new lift pump assemblies. Furnish and install new shut off valves for all pumps. - Furnish and install (3) new motor starters. Furnish and install miscellaneous materials as needed. Furnish new glycol as required. Provide rigging, storage and handling services. 4. Provide insulation and piping supplies as needed. 4. Provide (1) year warranty on parts and labor. Perform start up and systems check. Qualifications / Clarifications 1) All installation work will be performed during overtime hours on a weekend. 2) Units will use existing power and electrical connections. 3) All painting and or patching will be done by others. 4) Engineering or design not part of this proposal if required. 5) Asbestos abatement by others. 6) Consery not responsible for unforeseen circumstances beyond Conserv's control. 7) f=acility can be without sufficient cooling throughout duration of jab. Total Base Cost, ....................... $47,500.00 This proposal will be honored for 30 days Customer Acceptance: Submitted by: Consery Building Services Inc. Name: Name: Thomas E. Coo rider Title: Title: Service Manager Customers Signature or P.O. Proposal # A102612TEC -1 Signature: Date: Serving the Southeastern United States Air Conditioning a Refrigeration • Electrical • plumbing a Test & Balance • Building Automation FL# CAC 1814721 • GA#! CN 209112 • NC# 3951 • SC# M108868 • TN# 00063404 • TX# TACLA00029710E MEMORANDUM TO: Mayor and City Commissioners FROM: Douglas E. Smith, Acting City Manager DATE: November 2, 2012 SUBJECT: AGENDA ITEM 8.0.6 - REGULAR COMMISSION MEETING OF NOVEMBER 6, 2012 PURCHASE AWARDANYTHING IN FENCE ITEM BEFORE COMMISSION City Commission is requested to approve a purchase award to Anything In Fence in the amount of $56,067 to remove the existing 4' fence and replace it with approximately 1,341 linear ft. 6' and 240 linear ft. 8' green chain link fence on Pompey Park fields #1, 2 and 3; install one 8' wide x 90' long canopy over the backstop at Field #1; and install approximately 400 linear ft. 6' high fence around two batting cages including (2) gates. BACKGROUND On June 19, 2012, the City of Delray Beach entered into an Interlocal Agreement with Palm Beach County for funding not to exceed $92,629 for the Pompey Park Baseball Field Renovation Project. This Agreement allows for reimbursement of eligible project costs. Parks and Recreation Department received three updated fencing quotes: Anything in Fence, Martin Fence Co., and Gomez & Son Fence. The quotes are attached for your review. Anything in Martin Fence Co. Gomez & Son Fence Fence Item Description Remove existing 4' Included Included Included fence Install approx. $36,305.00 $50,000.00 $40,188.50 1,341 L /Ft 6' & 240L /Ft 8' fence at Field 1, 2, 3 Install canopy on $10,998.00 Included $9,960.00 Field 1 backstop Install approx. $9,664.00 $7,027.00 $11,300.00 400L /Ft 6' high fence & (2) gates for batting cages Total 1 $56,967.00 1 $57,027.00 1 $61,448.50 1 Parks and Recreation requests City Commission approval to award the purchase of fencing for Pompey Park baseball fields to Anything In Fence Company, in the amount of $56,967.00, the lowest quote. FUNDING SOURCE Funding is available from account #334 - 4127 -572 -46.15 (General Construction Fund: Repair & Maintenance Services/ Improvements- Other Repair & Maintenance). RECOMMENDATION Staff recommends City Commission approval of the purchase award to Anything In Fence. 11/05/2012 14:46 5618484455 MARTIN FENCE PACE 62/03 11/65/2012 15.31 K1241726@ PK3 EEG 'DEPT i -'A&7- }sirO.,� POMPEY PARK Fieltds 1, 2, & 3 Fence Replacement Provide Labor, Materials and 5quiprnent to install the foliowing: Field #I- Remove 3$4 LIFT of 4` High Chain Link Fence Install: 304 L/FT of 6' High 6 Gauge Green Chain Link Fence 8ti L/FT of 8' High 6 Gauge Green Q*n Wnk Fend 384 L /FT of I-S /8" 5cheduie 40 Green Top Rall 5 -3" $chedule 40 Greed Termit)al Pales 35.2 1/2" Schedule 40 Green Liar moles 2- 4' x 8' Single Swing Gates 1. 6' x 6' Double Swing Gate I - 6' x 12' Doulhle Swing Gate Field #2- Remove 531 L /FT of 4' High Crain fink Fence instat 501 L /KTof 5' High 6 Gauge Green Chain Link Fence '80 L /FT of S' Nigh 6 Gauge Green Chain Link Fence 581 L /FT of 1 -5/8" Schedule 40 Green Tarr Rail 9 -3" Schedule 4L1 Career? Terminal Poles 53 -Z 1/2" Schedule 40 Green (_isle Poles 2- 4'x S' shale Swing Gates 1- 6' x 6' bauble Swing Gate I - 6' n 12' Double Suing Gate Field *- Remove 916 L /FT of 4' High Chain Link Fence Install: 536 ;./FT of 6' High 6 Gauge Green Chaim Ur k Fence 80 VrT of 8' High 6 Gauge Green Chain Link Fence 616 L /FT J 1 -518" Schedule 40 Green Top Rail 9 -3" Schedule 40 Green Terminal Pules 57 -2 VZ" Schedule 40 Grei to Line Poles 2- 4'x S' Single Swing Gatos 1, 6' x 6' Double Swing Gate 1- 6'x 12` Notable Swing Gate W T TOTAL FQR ABOVE 11/05/2012 14:46 5618484466 MARTIN FENCE PAGE 03/83 11/05/211 12 15:LIa, 5612437263 PKS RE4 DEFT PAGE Canopy on Field 4#1 Provide Labor, Materials and Equipment f4 instal; the fallowing; Instil: a _ V wide x 90' l oq Canopy Canopy will be constru4te� of 1 -5/8" Schedule 40 Green Pipe and will be Installed 24' off the ground TCTAL FOR ABOVE (2) Ba#inB Cages - Surrourtd each cage with foncing Provide Labor, Materials anti �quiprnent to install the folluwiq: Intt:Ml Batting Cage 4#1: 200 1-,157 of 6" High %Gauge Green Chain link Fence NO L/rT of 1 -518" Schedule 40 Green Top Rail 6 -'ill Schedule 40 Green Terminal Pales 16 - 2 1/2" Schedule 40 Green fine Poles I � 4' x 61 5inglp. Swing Gags Install batting Cage #2, 200 VFT of 6" High 5 Gouge Green Chain Link Fenct 700 L /FT of 1 -5/8!' Schedule 40 Green Top Rail 6 - 3" Schedule 40 Crean Terminal Poles 16 - 2 1 %2" Scho -dole 40 Green Line Polet, Z - 4"A S' Single Swing GaCl�s TOTAL FOR ABOW POMPEY PARK Fields 1, 2, & 3 Fence Replacement Provide Labor, Materials and Equipment to install the following: Field #1- Remove 384 L /FT of 4' High Chain Link Fence Install: 304 L/FT of 6' High 6 Gauge Green Chain link Fence 80 L /FT of 8' High 6 Gauge Green Chain Link Fence 384 L /FT of 1 -5/8" Schedule 40 Green Top Rail 6 -3" Schedule 40 Green Terminal Poles 35 -2 1/2" Schedule 40 Green Line Poles 2- 4'x 8' Single Swing Gates 1- 6' x 6' Double Swing Gate 1- 6'x 12' Double Swing Gate Field #2- Remove 581 L /FT of 4' High Chain Link Fence Install: 501 L /FT of 6' High 6 Gauge Green Chain Link Fence 80 L/FT of 8' High 6 Gauge Green Chain Link Fence 581 L/FT of 1 -5/8" Schedule 40 Green Top Rail 9 -3" Schedule 40 Green Terminal Poles 53 -2 1/2" Schedule 40 Green Line Poles 2- 4'x 8' Single Swing Gates 1- 6'x 6' Double Swing Gate 1- 6'x 12' Double Swing Gate Field #3- Remove 616 L /FT of 4' High Chain Link Fence Install: 536 L /FT of 6' High 6 Gauge Green Chain Link Fence 80 L /FT of 8' High 6 Gauge Green Chain Link Fence 616 L /FT of 1 -5/8" Schedule 40 Green Top Rail 9 -3" Schedule 40 Green Terminal Poles 57 -2 1/2" Schedule 40 Green Line Poles 2- 4'x 8' Single Swing Gates 1- 6'x 6' Double Swing Gate 1- 6'x 12' Double Suring Gate TOTAL FOR ABOVE `� o Anything In Fence 1207 S. Swinton Avenue Delray Beach, FL 33444 LA Canopy on Field #1 Provide Labor, Materials and Equipment to install the following: Install- 1 - 8' Wide x 40' Long Canopy Canopy will be constructed of 1 -5/8" Schedule 40 Green Pipe and will be installed 24' off the ground TOTAL FOR ABOVE 4 O m� (2) Batting Cages - Surround each cage with fencing Provide Labor, Materials and Equipment to install the following: Install Batting Cage #1: 200 L /FT of 6" Nigh 6 Gauge Green Chain Link Fence 200 L/FT of 1 -5/8" Schedule 40 Green Top Rail 6 - 3" Schedule 40 Green Terminal Poles 16 - 2 1/2" Schedule 40 Green Line Poles 1- 4' x 6' Single Swing Gates Install Batting Cage #2: 200 L /FT of 6" High 6 Gauge Green Chain Link Fence 200 L /FT of 1 -5/8" Schedule 40 Green Top Rail 6 - 3" Schedule 40 Green Terminal Poles 16 - 2 1/2" Schedule 40 Green Line Poles 1 - 4'x 6' Single Swing Gates TOTAL FOR ABOVE `# (.� 6q ' = -- c�c TOTAL QUOTE S , 9 SIGNATURE Anything In Fence 1207 S. Swinton Avenue Delray Beach, FL 33444 (5z 2, -1'4 _L{ 3c�cn (mot 2:-T-A , g�c POMPEY PARK Fields 1, 2, & 3 Fence Replacement Provide Labor, Materials and Equipment to install the following: Field #1- Remove 384 L /FT of 4' High Chain Link Fence Install: 304 L /FT of 6' High 6 Gauge Green Chain Link Fence 80 L /FT of 8' High 6 Gauge Green Chain Link Fence 384 L /FT of 1 -5/8" Schedule 40 Green Top Rail 6 -3" Schedule 40 Green Terminal Poles 35 -2 1/2" Schedule 40 Green Line Poles 2- 4'x 8' Single Swing Gates 1- 6'x 6' Double Swing Gate 1 - 6'x 12' Double Swing Gate Field #2- Remove 581 L /FT of 4' High Chain Link Fence Install: 501 L /FT of 6' High 6 Gauge Green Chain Link Fence 80 L /FT of 8' High 6 Gauge Green Chain Link Fence 581 L /FT of 1 -5/8" Schedule 40 Green Top Rail 9 -3" Schedule 40 Green Terminal Poles 53 -2 1/2" Schedule 40 Green Line Poles 2- 4'x 8' Single Swing Gates 1- 6'x 6' Double Swing Gate 1 - 6'x 12' Double Swing Gate Field #3- Remove 616 L /FT of 4' High Chain Link Fence Install: 536 L /FT of 6' High 6 Gauge Green Chain Link Fence 80 L /FT of 8' High 6 Gauge Green Chain Link Fence 616 L /FT of 1 -5/8" Schedule 40 Green Top Rail 9 -3" Schedule 40 Green Terminal Poles 57 -2 1/2" Schedule 40 Green Line Poles 2- 4'x 8' Single Swing Gates 1- 6'x 6' Double Swing Gate 1 - 6'x 12' Double Swing Gate TOTAL FOR ABOVE = $ 40,188.50 Canopy on Field #1 Provide Labor, Materials and Equipment to install the following: Install: 1 - 8' Wide x 90' Long Canopy Canopy will be constructed of 1 -5/8" Schedule 40 Green Pipe and will be installed 24' off the ground TOTAL FOR ABOVE = $ 9,960.00 (2) Batting Cages - Surround each cage with fencing Provide Labor, Materials and Equipment to install the following: Install Batting Cage #1: 200 L /FT of 6" High 6 Gauge Green Chain Link Fence 200 L /FT of 1 -5/8" Schedule 40 Green Top Rail 6 - 3" Schedule 40 Green Terminal Poles 16 - 2 1/2" Schedule 40 Green Line Poles 1 - 4'x 6' Single Swing Gates Install Batting Cage #2: 200 L /FT of 6" High 6 Gauge Green Chain Link Fence 200 L /FT of 1 -5/8" Schedule 40 Green Top Rail 6 - 3" Schedule 40 Green Terminal Poles 16 - 2 1/2" Schedule 40 Green Line Poles 1 - 4'x 6' Single Swing Gates TOTAL FOR ABOVE = $ 11,300.00 TOTAL QUOTE = $ 61,1448.50 SIGNATURE Gaum, Alberta Subject: FW: Quote for Fence From: CC158Cc?aol.corn Finailto:CC158{@aol.com) Sent: Monday, October 01, 2012 10:02 AM To: Gaum, Alberta Subject: Re: Quote for Fence Alberta, The replace the fence and gates to 6' on the base ball fields is $40,000 per field. If you have any questions please give me a call. Thank you, Cindy Cartwright All Phase Roofing & Construction 561-350-7252 MEMORANDUM TO: Mayor and City Commissioners FROM: Scott Pape, AICP, FCP, Senior Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: October 24, 2012 SUBJECT: AGENDA ITEM 10.A. - REGULAR COMMISSION MEETING OF NOVEMBER 6, 2012 WAIVER REQUESTS/ LIZ BUILDING RENOVATIONS ITEM BEFORE COMMISSION The action requested of the City Commission is consideration of a waiver from the following Land Development Regulations associated with the Class III site plan modification for the Liz Building Renovation project: 1. A waiver to LDR Section 4.4.13(17)(4)(a)(2), which requires a 5 -foot minimum setback along Federal Highway. 2. A waiver to LDR Section 4.4.13(F)(1)(a), which requires a minimum building height of 25 feet. 3. A waiver to LDR Section 4.6.18(13)(14)(iv)(2), which requires a minimum window transparency or glass area of 75% on the ground floor. BACKGROUND At its meeting of October 10, 2012, the SPRAB (Site Plan Review and Appearance Board) approved the Class III site plan and architectural elevations for the construction of a 207 square foot building addition and demolition of an existing 5 square feet of floor area. The property is located at the northwest corner of NE 5th Avenue and Atlantic Avenue (445 East Atlantic Avenue) and was most recently occupied by the Ora Sorenson Art Gallery. The SPRAB considered the waivers and recommended approval. WAIVERS: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Front Setback: Per LDR Section 4.4.13(F)(4)(a)(2), the minimum front setback for buildings with nonresidential uses on the ground floor in the CBD zoning district is 5 feet. The eastern elevation of the building includes an angled architectural feature, which increasingly projects into the setback as it gets higher. The feature measures approximately 6 inches wide and projects into the 5 -foot minimum required setback (0 -foot setback proposed). The applicant has submitted the following verbatim narrative in support of the waiver: "... The Waiver Request does not adversely affect the neighboring area since the existing sidewalk and proposed improvements along Federal Highway (US -1) where the Liz Building is located extends in excess of fifteen (15) Feet from the existing building setback. This is consistent with other neighboring buildings at the intersections of Federal Highway (US -1) and Atlantic Avenue and in several cases the actual setback is in excess of the neighboring buildings. Additionally, a Sidewalk easement for public uses is being granted by the Owner which sidewalk area extends to the area along Federal Highway (US -1) preserving the sidewalk area for public use. The Waiver Request does not diminish the provision ofpublic facilities as an existing public sidewalks and right of way will remain and not be affected by such Waiver Request. Additionally, a Sidewalk easement for public uses is being granted by the Owner which sidewalk area extends to the area along Federal Highway (US -1) preserving the sidewalk area for public use. The Waiver Request does not create an unsafe condition in that the existing public sidewalks and right of way will remain and not be affected by such Waiver Request. Also, given that there is adequate distance between the existing building setback and Federal Highway (US -1) the Florida Department of Transportation and other City agencies have not found or reported an unsafe condition and none is created by the Waiver Request. The Waiver Request does not grant special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Given that there are several existing buildings located at the at the intersections of Federal Highway (US -1) and Atlantic Avenue with the same or similar circumstances in that they do not meet the LDR Section 4.4.13(F)(4)(a)(2) requirement for a five foot minimum setback along Federal Highway (US -1), the same waiver would be granted under similar circumstances on other property for another applicant or owner... " Waiver Analysis: The property has 36 feet of frontage along Federal Highway. The eastern portion of the existing building currently encroaches 2 feet 8 inches into the required 5 -foot setback along Federal Highway. The new angled architectural feature is proposed to encroach further into the required setback. This encroachment starts at a 2 feet 4 inch setback and angles upward to height of 15 feet 9 inches where it measures zero feet from the property line. The 6 inch wide architectural feature will have an insignificant impact on pedestrians or vehicles along Federal Highway in terms of massing, light, and air circulation. Further, this architectural feature has no impact on the provision of public services and does not create an unsafe situation. Similar circumstances on other properties would lead to the same conclusion. A similar waiver was granted for the Hyatt Place hotel for an angled glass architectural feature along Pineapple Grove Way. Consequently, positive findings can be made with respect to LDR Section 2.4.7(B)(5), Waiver Findings. Building Height: Pursuant to LDR Section 4.4.13(F)(1)(a), overall height of building shall be a minimum of 25 feet and a maximum of 48 feet. The proposed height of the building addition is 14 feet. The applicant has requested a waiver from the minimum building height. The applicant has submitted the following verbatim narrative in support of the waiver: "...The Waiver Request does not adversely affect the neighboring area since there are many existing buildings on, adjacent to or along Atlantic Avenue in the Central Business District (CBD) that are one story structures that are below the height required in LDR Section 4.4.13(F)(1)(a). Since no additional stories or height is being added as a result of this Site Plan Application request meeting this requirement is not necessary and is impracticable. The Waiver Request does not significantly diminish the provision for public facilities in that given the existing height of the building there has never been any impact on existing public facilities or is it expected that any future public facilities will be affected by granting this Waiver Request. The Waiver Request does not create an unsafe condition or situation as the existing building height shall remain as it has for the past 75 years. The Waiver Request does not grant special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Given that there are many existing buildings located on and adjacent to Atlantic Avenue in the Central Business District (CBD) that are one story structures that are below the height required in LDR Section 4.4.13(F)(1)(a) the same waiver would be granted under similar circumstances on other property for another applicant or owner and would not create a special grant or privilege... " Waiver Analysis: The purpose of the minimum height is to provide a uniform streetscape similar to other buildings along Atlantic Avenue. It is noted that this regulation is more appropriate in the situation when applied to new development or significant redevelopment of property. Given the nature of the existing building and the proposed building addition, application of this requirement could be considered onerous. If this requirement were applied to the proposed redevelopment it would create an issue with respect to scale between the existing and building addition. Consequently, positive findings can be made with respect to LDR Section 2.4.7(B)(5), Waiver Findings. Window Area: Per LDR Section 4.6.18(B)(14)(iv)(2), the minimum transparency or glass surface area on the ground floor wall area of all non - residential and mixed -use buildings shall be a minimum of 75% of the wall area for that elevation. The proposed development provides 52% of transparency along both Federal Highway and Atlantic Avenue. The applicant has submitted a waiver request from the minimum transparency requirement. The applicant has submitted the following verbatim narrative in support of the waivers: "...The Waiver Request does not adversely affect the neighboring area since there are many existing buildings on, adjacent to or along Atlantic Avenue in the Central Business District (CBD) that are one story structures that are below the Transparency requirement. Since adding additional transparency on ,und floor would require adverse structural changes resulting in removing the existing tie beam and major demolition of the structure meeting this requirement is not necessary and is impracticable. The Waiver Request does not significantly diminish the provision for public facilities in that given the existing transparency is adequate and has no impact on existing public facilities or is it expected that any future public facilities. The Waiver Request does not create an unsafe condition or situation as the existing transparency on the ground floor is not unsafe. The Waiver Request does not grant special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Given that there are many existing buildings located on and adjacent to Atlantic Avenue in the Central Business District (CBD) of similar size and window transparency the same waiver would be granted under similar circumstances on other property for another applicant or owner and would not create a special grant or privilege... " Waiver Analysis: The purpose of this requirement is to ensure that the relationship between the pedestrian and the businesses along the street is maintained. While the proposed development does not provide the minimum transparency as required, it does appear that sufficient window area has been provided to ensure that pedestrians will not notice the reduction and that "window shopping" will be maintained. The addition will bring the physical building closer to the pedestrians and enhance the downtown experience. It is noted that the City has approved similar waivers such as the Atlantic Plaza II and 5th Avenue at Delray projects. Consequently, a positive finding with respect to LDR Section 2.4.7(B)(5), Waiver Findings can be made. RECOMMENDATION 1. Approve the waiver to LDR Section 4.4.13(F)(4)(a)(2), which requires a 5 -foot setback along Federal Highway and 0' feet is proposed, based on a positive finding with respect to LDR Section 2.4.7(B)(5). 2. Approve the waiver to LDR Section 4.4.13(F)(1)(a), which requires a minimum building height of 25 feet and 14 feet is proposed, based on a positive finding with respect to LDR Section 2.4.7(B) (5). 3. Approve the waiver to LDR Section 4.6.18(B)(14)(iv)(2), which requires a minimum window transparency or glass area of 75% and 52% is proposed, based on a positive finding with respect to LDR Section 2.4.7(B)(5). IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUESTS FOR THE LIZ BUILDING AT 445 EAST ATLANTIC AVENUE 2012. 1. These waiver requests came before the City Commission on November 6, 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request for the Liz Building at 445 East Atlantic Avenue. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. WAIVERS: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. A. Waiver to LDR Section 4.4.13(F)(4)(a)(2) Pursuant to LDR Section 4.4.13(F)(4)(a)(2), buildings with nonresidential uses on the ground floor in the CBD district must have a minimum setback of five feet (5). The applicant is asking for a waiver to allow an architectural feature that angles upward that has a setback of two feet 4 inches (2'4 ") at the bottom of the feature, which is at ground level, and a setback of zero feet (0') at the top of the feature, which is fifteen feet, nine inches (15'9 ") from ground level. Should this waiver to Section 4.4.13(F)(4)(a)(2) be granted? Yes No 1 B. Waiver to LDR Section 4.4.13(F)(1)(a) Pursuant to LDR Section 4.4.13(F)(1)(a), the overall height of buildings shall be a minimum of twenty -five feet (25') and a maximum of forty -eight feet (48') in height. The applicant is asking for a waiver to allow a building height of fourteen feet (14'). Should the waiver to Section 4.4.13(F)(1)(a) to allow a building height of fourteen feet (14') be granted? Yes No C. Waiver to LDR Section 4.6.18(B)(14)(iv)(2) Pursuant to LDR Section 4.6.18(B)(14)(iv)(2), the minimum transparency or glass surface area on the ground floor wall area of all non - residential and mixed -use buildings shall be a minimum of seventy -five percent (75 %) of the wall area for that elevation. The applicant is asking for a waiver to allow for fifty -two percent (52 %) transparency for the ground floor wall area for the Federal Highway elevation and for the Atlantic Avenue elevation. Should the waiver to Section 4.6.18(B)(14)(iv)(2) to allow for fifty -two percent (52 %) transparency be granted? Yes No 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained 2 in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves denies the waiver request. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 6th day of November 2012, by a vote of in favor and opposed. ATTEST: Chevelle Nubin, City Clerk 3 Nelson S. McDuff ie, Mayor AVENUE N E w w .. z z. _. z w w w Q Q Q -- — ML ldmL II CC R � y�f 6 J " w w w z �— r z _ z. �. 27 - _ — ATLANTIC ;"t AVENUE . _lk w w w _ Z M . ! S z z ,� z w w > > > > y}k F dL p: F2 T •, r ;. w : w � U) i !►.. ae A is �. % CITY of DELRAY BEACH SUBJECT LIZ BUILDING PLANNING AND ZONING DEPARTMENT PROPERTY . 100 NW1STAVENUE ,DELRAY BEACH, FLORIDA 33444 NORTH D 445 EAST ATLANTIC AVENUE MEMBER OF N.Y., C.T. FL & D.C. BARS AVENUE HAND DELIVERED Scott D. Pape, AICP Senior Planner City of Delray Beach 100 N. W. I st. Avenue Delray Beach, Florida 33444 Dear Mr. Pape: LAW OFFICES LOUIS J. CA"ONE, P.A. A PROFESSIONAL ASSOCIATION 90 SE 4th AVENUE SUITE 1 DELRAY BEACH, FL 33483 (561) 272 -0282 FAX (561)272 -6013 E -MAIL: LJCLEGAL @AOL.COM NEW YORK OFFICE 111 NORTH CENTRAL PARK HARTSDALE, NEW YORK 10530 (914) 684 -0201 FAX (914) 684 -0356 October 4, 2012 RE: Waiver Request —LDR Section 4.4.13(F)(4)(a)(2) Premises: Liz Building -445 East Atlantic Avenue Delray Beach Class III Site Plan As agent for and on behalf of LIZ REALTY LLC the owner of the above premises, we hereby subunit this Waiver Request with respect to the above Land Development Regulations (LDR) in connection with the above referenced Class III Site Plan application. Back round: The Project consists of adding 207 square feet of internal retail space to an existing retail building (the "Liz Building ") built in the 1930's located at the corner of Atlantic Avenue and Federal Highway (US -1). Related External improvements include adding architectural elements, signage and awnings. All improvements are being made within the existing property line. With the exception of the addition of the noted square footage, the existing building is to remain intact. LDR Requirement: LDR Section 4.4.13(F)(4)(a)(2) requires a five foot minimum setback along Federal Highway (US -1). Waiver Request: The building as existing for over 75 years does not meet the five foot minimum setback along Federal Highway (US -1) and a waiver is requested. Waiver Justification: The Waiver Request is justified for the following reasons: (a) The Waiver Request does not adversely affect the neighboring area since the existing sidewalk and proposed improvements along Federal Highway (US -1) where the Liz Building is located extends in excess of fifteen (15) Feet from the existing building setback. This is consistent with other neighboring buildings at the intersections of Federal Highway (US -1) and Atlantic Avenue and in several cases the actual setback is in excess of the neighboring buildings. Additionally, a Sidewalk easement for public uses is being granted by the Owner which sidewalk area extends to the area along Federal Highway (US -1) preserving the sidewalk area for public use. (b) The Waiver Request does not diminish the provision of public facilities as an existing public sidewalks and right of way will remain and not be affected by such Waiver Request. Additionally, a Sidewalk easement for public uses is being granted by the Owner which sidewalk area extends to the area along Federal Highway (US -1) preserving the sidewalk area for public use. (c) The Waiver Request does not create an unsafe condition in that the existing public sidewalks and right of way will remain and not be affected by such Waiver Request. Also, given that there is adequate distance between the existing building setback and Federal Highway (US -1) the Florida Department of Transportation and other City agencies have not found or reported an unsafe condition and none is created by the Waiver Request. (d) The Waiver Request does not grant special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Given that there are several existing buildings located at the at the intersections of Federal Highway (US -1) and Atlantic Avenue with the same or similar circumstances in that they do not meet the LDR Section 4.4.13(F)(4)(a)(2) requirement for a five foot minimum setback along Federal Highway (US -1), the same waiver would be granted under similar circumstances on other property for another applicant or owner. Based on the foregoing, we request this Waiver Request from LDR Section LDR Section 4.4.13(F)(4)(a)(2)) be granted in connection with the subject Site Plan Application. We have enclosed a check for $150.00 for the Waiver Request fee payable to the City of Delray Beach. LOUIS J. CARBONE, P.A. By: LOUIS J. CARBONE LJC /aj a cc: LIZ Building LLC File MEMBER OF N.Y., C.T. FL & D.C. BARS AVENUE HAND DELIVERED Scott D. Pape, AICP Senior Planner City of Delray Beach 100 N.W. 1 st. Avenue Delray Beach, Florida 33444 Dear Mr. Pape: LAW OFFICES LOUIS J. CAIWONE, P.A. A PROFESSIONAL ASSOCIATION 90 SE 4th AVENUE SUITE 1 DELRAY BEACH, FL 33483 (561) 272 -0282 FAX (561)272 -6013 E -MAIL: LJCLEGAL @AOL.COM NEW YORK OFFICE 111 NORTH CENTRAL PARK HARTSDALE, NEW YORK 10530 (914) 684 -0201 FAX (914) 684 -0356 October 4, 2012 RE: Waiver Request —LDR Section 4.4.13(F)(1)(a) Premises: Liz Building -445 East Atlantic Avenue Delray Beach Class III Site Plan As agent for and on behalf of LIZ REALTY LLC the owner of the above premises, we hereby submit this Waiver Request with respect to the above Land Development Regulations (LDR) in connection with the above referenced Class III Site Plan application. Background: The Project consists of adding 207 square feet of internal retail space to an existing single storey retail building (the "Liz Building ") built in the 1930's located at the corner of Atlantic Avenue and Federal Highway (US -1). Related External improvements include adding architectural elements, signage and awnings. All improvements are being made within the existing property line. With the exception of the addition of the noted square footage, the existing building is to remain intact. The building height is to remain at the existing building height of 14'- 9" LDR Requirement: LDR Section 4.4.13(F)(1)(a) requires a minimum building height of 25 Feet. Waiver Request: The building's existing height is 14'- 9 ". The modifications requested under the Site Plan Application do not affect the building height which is to remain at 14'- 9" and therefore a waiver is required. Waiver Justification: The Waiver Request is justified for the following reasons: (a) The Waiver Request does not adversely affect the neighboring area since there are many existing buildings on, adjacent to or along Atlantic Avenue in the Central Business District (CBD) that are one story structures that are below the height required in LDR Section 4.4.13(F)(1)(a). Since no additional stories or height is being added as a result of this Site Plan Application request meeting this requirement is not necessary and is impracticable. (b) The Waiver Request does not significantly diminish the provision for public facilities in that given the existing height of the building there has never been any impact on existing public facilities or is it expected that any future public facilities will be affected by granting this Waiver Request. (c) The Waiver Request does not create an unsafe condition or situation as the existing building height shall remain as it has for the past 75 years. (d) The Waiver Request does not grant special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Given that there are many existing buildings located on and adjacent to Atlantic Avenue in the Central Business District (CBD) that are one story structures that are below the height required in LDR Section 4.4.13(F)(1)(a) the same waiver would be granted under similar circumstances on other property for another applicant or owner and would not create a special grant or privilege. Based on the foregoing, we request this Waiver Request from LDR Section LDR Section 4.4.13(F)(4)(1)(a) be granted in connection with the subject Site Plan Application. We have enclosed a check for $150.00 for the Waiver Request fee payable to the City of Delray Beach. LOUIS J. CARBONE, P.A. By LOUIS J. CARBONE LJC /aj a cc: LIZ Building LLC File MEMBER OF N.Y., C.T. FL & O.C. BARS AVENUE HAND DELIVERED Scott D. Pape, AICP Senior Planner City of Delray Beach 100 N. W. 1 st. Avenue Delray Beach, Florida 33444 Dear Mr. Pape: LAW OFFICES LOUIS J. CAIWONE, P.A. A PROFESSIONAL ASSOCIATION 90 SE 4th AVENUE SUITE 1 DELRAY BEACH, FL 33483 (561) 272 -0282 FAX (561)272 -6013 E -MAIL: LJCLEGAL@AOL.COM NEW YORK OFFICE 111 NORTH CENTRAL PARK HARTSDALE, NEW YORK 10530 (914) 684 -0201 FAX (914) 684 -0356 October 4, 2012 RE: Waiver Request —LDR Section 4.4.18(B)(14)(iv)(2) Premises: Liz Building -445 East Atlantic Avenue Delray Beach Class III Site Plan As agent for and on behalf of LIZ REALTY LLC the owner of the above premises, we hereby submit this Waiver Request with respect to the above Land Development Regulations (LDR) in connection with the above referenced Class III Site Plan application. Backeround: The Project consists of adding 207 square feet of internal retail space to an existing single storey retail building (the "Liz Building ") built in the 1930's located at the corner of Atlantic Avenue and Federal Highway (US -1). Related External improvements include adding architectural elements, signage and awnings. All improvements are being made within the existing property line. With the exception of the addition of the noted square footage, the existing building is to remain intact. The building height is to remain at the existing building height of 14'- 9 ". Existing window and glass transparency is to remain as expanding transparency would require complete building demolition. LDR Requirement: LDR Section 4.4.18(13)(14)(iv)(2) requires a 75% window transparency or glass area on the ground floor. Waiver Request: The building's existing window and transparency on the ground floor is to remain (except for installation of impact glass throughout) and is close to the LDR 75 %. To increase the window and glass transparency would require adverse structural changes to the Building and therefore a waiver is required. Waiver Justification: The Waiver Request is justified for the following reasons: (a) The Waiver Request does not adversely affect the neighboring area since there are many existing buildings on, adjacent to or along Atlantic Avenue in the Central Business District (CBD) that are one story structures that are below the Transparency requirement. Since adding additional transparency on the ground floor would require adverse structural changes resulting in removing the existing tie beam and major demolition of the structure meeting this requirement is not necessary and is impracticable. (b) The Waiver Request does not significantly diminish the provision for public facilities in that given the existing transparency is adequate and has no impact on existing public facilities or is it expected that any future public facilities. (c) The Waiver Request does not create an unsafe condition or situation as the existing transparency on the ground floor is not unsafe. (d) The Waiver Request does not grant special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Given that there are many existing buildings located on and adjacent to Atlantic Avenue in the Central Business District (CBD) of similar size and window transparency the same waiver would be granted under similar circumstances on other property for another applicant or owner and would not create a special grant or privilege. Based on the foregoing, we request this Waiver Request from LDR Section LDR Section 4.4.1 S(B)(14)(iv)(2) be granted in connection with the subject Site Plan Application. We have enclosed a check for $150.00 for the Waiver Request fee payable to the City of Delray Beach. 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ITEM: Class III Site Plan Modification Associated With The Construction Of A 207 Square Foot Building Addition To The Existing Commercial Building At The Northwest Corner of Atlantic Avenue and NE 5t" Avenue (445 East Atlantic Avenue). Lei -M 111 U 1. 7,1 N -O T-1 V 11113-1 Owner /Applicant ..................... Liz Realty, LLC Agent . ............................... Louis J. Carbone, Esq. Location ... ............................... Northwest Corner of Atlantic Avenue and NE 5t" Avenue, Property Size .......................... 0.0705 Acres FLUM Designation .................. CC (Commercial Core) Existing Zoning ....................... CBD (Central Business District) Adjacent Zoning ............ North: CBD East: CBD South: CBD West: CBD Existing Land Use .................. Vacant (formerly Ora Sorenson Art Gallery) Proposed Land Use ................ Retail Water Service ......................... Existing on -site. Sewer Service ......................... Existing on -site. A J0 The action before the Board is that of approval of the 6JUovVOg aspects of a Class U| site plan modification for the Liz Building Renovations, pursuant to L[}R Section 2.4.5(G)MVc): J She Plan Modification; CJ Architectural Elevations; and LJ Waivers. The subject property is located at the northwest corner of Atlantic Avenue and NE 5m Avenue (Federal Highway) [445 East Atlantic Aumnue]. The subject property consists of Lot 4 of the B|air'o Downtown 8UbdiVisioO, which consists of 0.0705 acres. The property contains a 1,658 square foot building that was constructed in 1925. The property was most recently occupied by the Ora Sorenson art gallery but is currently vacant. A site plan modification application has now been submitted for building addition primarily along the south side of the existing building and is now before the Board for action. The development proposal involves the following specifics- Li Construction of a2O7 square foot addition along the south side 0Y the existing building. m Demolition of square feet ofthe existing building. The development proposal includes waivers to the following sections of the Land Development Re0u|mtions� 1. A waiver to LOR Section 4.4.13/Fl(4)(a)(2). Vvhidl requires a 5-foot nlininnUOO setback along Federal Highway. 2. A waiver to LDR Section 4.4.13(F\(1)(a), which requires @Dlinirnumm building height of25feet. D, A waiver to LOFl Section 4.8.18(13)(14)(iv)/2). which requires o nnininnunn window transparency or glass area of75% oO the ground floor. aim 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 applicationtrequest. SPRAB Staff Report — October 10, 2012 Liz Building Renovations -- Class III Site Plan Modification Page 2 Open Space: Per LDR [Land Development Regulation] Section 4.4.13(F)(2), there is no minimum open space required in this section of the Central Business District. The property contains an 18 inch wide foundation landscape strip along the east side of the building. The Senior Landscape Planner has requested that the 12 inch wide paved strip between the landscape area and the building be removed and converted to widen the landscape area. The applicant has indicated that removing the pavement will cause settlement issues with the older building. Parking: Per LDR Section 4.4.13(G)(1)(a), the parking requirement for the proposed building addition is 1 space per 300 square feet of gross floor area. Thus, the required parking for the proposed building addition is one parking space. Per LDR Section 4.4.13(G)(1)(b), when the parking requirements are applied to either new development, expansion of an existing use or a change in use, which results in the requirement of only one new parking space, a one space exemption shall be allowed. This exemption may only occur once per property. The subject property has not previously taken advantage of this one space reduction. Therefore, the proposed building addition complies with the City's parking requirements. LDR Chapter 4.6 Supplementary District Regulations: Sight Visibility: Per LDR Section 4.6.14(B)(5), the sight visibility requirement along Federal Highway is the Florida Department of Transportation (FDOT) line -of -sight requirements. The site plan graphical depicts the FDOT line -of -sight for this intersection which indicates compliance. The sight visibility along Atlantic Avenue is LDR Section 4.6.14(B)(3), which requires a 25 -foot triangle. The sight plan graphical depicts this visibility triangle. The proposed building addition extends into this required visibility triangle. Per LDR Section 4.6.14(E), relief from this requirement may be granted by the City Engineer. The City Engineer considered this encroachment and granted relief since adequate safe line of sight will be maintained along Federal Highway and that this intersection is regulated by a traffic signal. Other Issues: Crime Prevention Through Environmental Design (OPTED): Per LDR Section 4.4.13(F)(4)(f)(2), building and site design shall incorporate CPTED standards to the greatest extent possible. The commercial storefront will provide adequate view corridors to discourage criminal activity on the south and east sides of the building. The rear of the property is a potentially hazardous area with poor visibility. The applicant will install view ports in the rear doors to improve visibility in the rear alley. Improving safety through proper lighting is discussed in the following section. Lighting: Per LDR Section 4.6.8(A)(3), the lighting requirement for the building entrances is a minimum of 1 foot candle and a maximum of 10 foot candles. The floor plans indicate by notation that the project will comply with this illumination standard along the front of the building and in the rear alley area. However, a photometric plan has not been submitted that demonstrates compliance with this SPRAB Staff Report — October 10, 2012 Liz Building Renovations -- Class 111 Site Plan Modification Page 3 requirement. Compliance with this requirement is of particular concern within the alley since this is a prime ambush point for employees of the business. Thus, a condition of approval is attached that a photometric plan that demonstrates compliance with the City's illumination standards be submitted prior to certification of the site plan. Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Front Setback: Per LDR Section 4.4.13(F)(4)(a)(2), the minimum front setback for buildings with nonresidential uses on the ground floor in the CBD zoning district is 5 feet. The eastern elevation of the building includes an angled architectural feature, which increasingly projects into the setback as it gets higher. The feature measures approximately 6 inches wide and projects into the 5 -foot minimum required setback (0 -foot setback proposed). The applicant has submitted the following verbatim narrative in support of the waiver: (a) '...The Waiver Request does not adversely affect the neighboring area since the existing sidewalk and proposed improvements along Federal Highway (US -1) where the Liz Building is located extends in excess of fifteen (15) Feet from the existing building setback. This is consistent with other neighboring buildings at the intersections of Federal Highway (US -1) and Atlantic Avenue and in several cases the actual setback is in excess of the neighboring buildings. Additionally, a Sidewalk easement for public uses is being granted by the Owner which sidewalk area extends to the area along Federal Highway (US -1) preserving the sidewalk area for public use. (b) The Waiver Request does not diminish the provision of public facilities as an existing public sidewalks and right of way will remain and not be affected by such Waiver Request_ Additionally, a Sidewalk easement for public uses is being granted by the Owner which sidewalk area extends to the area along Federal Highway (US -1) preserving the sidewalk area for public use. (c) The Waiver Request does not create an unsafe condition in that the existing public sidewalks and right of way will remain and not be affected by such Waiver Request. Also, given that there is adequate distance between the existing building setback and Federal Highway (US -1) the Florida Department of Transportation and other City agencies have not found or reported an unsafe condition and none is created by the Waiver Request. (d) The Waiver Request does not grant special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Given that there are several existing buildings located at the at the intersections of Federal Highway SPRAB Staff Report --- October 10, 2012 Liz Building Renovations — Class III Site Plan Modification Page 4 (US-1) and Atlantic Avenue with the same or similar circumstances in that they do not meet the LDR Section 4.4.13(F)(4)(a)(2) requirement for a five foot minimum setback along Federal Highway (US -1), the same waiver would be granted under similar circumstances on other property for another applicant or owner..." Waiver Analvsis: The property has 36 feet of frontage along Federal Highway. The eastern portion of the existing building currently encroaches 2 feet 8 inches into the required 5 -foot setback along Federal Highway. The new angled architectural feature is proposed to encroach further into the required setback. This encroachment starts at a 2 feet 4 inch setback and angles upward to height of 15 feet 9 inches where it measures zero feet from the property line. The 6 inch wide architectural feature will have an insignificant impact on pedestrians or vehicles along Federal Highway in terms of massing, light, and air circulation. Further, this architectural feature has no impact on the provision of public services and does not create an unsafe situation. Similar circumstances on other properties would lead to the same conclusion. A similar waiver was granted for the Hyatt Place hotel for an angled glass architectural feature along Pineapple Grove Way. Consequently, positive findings can be made with respect to LDR Section 2.4.7(B)(5), Waiver Findings. Building Height: Pursuant to LDR Section 4.4.13(F)(1)(a), overall height of building shall be a minimum of 25 feet and a maximum of 48 feet. The proposed height of the building addition is 14 feet. The applicant has requested a waiver from the minimum building height. The applicant has submitted the following verbatim narrative in support of the waiver: (a) "...The Waiver Request does not adversely affect the neighboring area since there are many existing buildings on, adjacent to or along Atlantic Avenue in the Central Business District (CBD) that are one story structures that are below the height required in LDR Section 4.4.13(F)(1)(a). Since no additional stories or height is being added as a result of this Site Plan Application request meeting this requirement is not necessary and is impracticable. (b) The Waiver Request does not significantly diminish the provision for public facilities in that given the existing height of the building there has never been any impact on existing public facilities or is it expected that any future public facilities will be affected by granting this Waiver Request. (c) The Waiver Request does not create an unsafe condition or situation as the existing building height shall remain as it has for the past 75 years_ (d) The Waiver Request does not grant special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Given that there are many existing buildings located on and adjacent to Atlantic Avenue in the Central Business District (CBD) that are one story structures that are below the height required in LDR Section 4.4.13(F)(1)(a) the same waiver would be granted under similar circumstances on other property for another applicant or owner and would not create a special grant or privilege.. _" SPRAB Staff Report — October 10, 2012 Liz Building Renovations —Class III Site Plan Modification Page 5 Waiver Analysis: The purpose of the minimum height is to provide a uniform streetscape similar to other buildings along Atlantic Avenue. It is noted that this regulation is more appropriate in the situation when applied to new development or significant redevelopment of property. Given the nature of the existing building and the proposed building addition, application of this requirement could be considered onerous. If this requirement were applied to the proposed redevelopment it would create an issue with respect to scale between the existing and building addition. Consequently, positive findings can be made with respect to LDR Section 2.4.7(8)(5), Waiver Findings. Technical Items: While the revised site plan has accommodated most of the staff concerns, the following items remain outstanding, and will need to be addressed prior to issuance of a building permit. 1. Provide copy of certified boundary and topographic survey meeting requirements of LDR Section 2.4,3 (A), (B) and (D). Survey needs to provide sufficient information to determine historical drainage pattern. Survey needs to be completed within the last 6 months per LDR Section 2.4.3 (B) (5). 2. The Survey, Site Plan and Landscaping Plans need to be at the same scale of 1" = 10', 1" = 20' or 1" = 30' per LDR Section 2.4.3 (B) (1) and (D) (1). 3. Provide existing elevations on existing roadway including edge of pavement and center line. 4. Clearly indicate limits of right -of -way and center line of the right -of -way of any adjacent streets with the basis of the center line clearly stated; the center line of the existing pavement; the width of the street pavement; the location and width of any adjacent sidewalk; and the identification of any improvements located between the property and any adjacent street per LDR Section 2.4.3 (B) (5). 5. Provide partially executed copy of Sidewalk Easement Deed, this will need to be taken to City Commission for approval. 6. Provide copy of FDOT correspondence or pre - application letter per LDR Section 2.4.2 (C) (2) (c). 7. Indicate limits of City improvements on Federal Highway. rag Vt' Pursuant to LDR Section 4.6.18(E), the following criteria shall be considered by the Site Plan Review and Appearance Board 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. SPRAB Staff Report — October 10, 2012 Liz Building Renovations — Class III Site Plan Modification Page 6 (2) The proposed structure, or project, is in its exterior design and appearance of quality such as not to cause the nature of the local environment or evolving environment to materially depreciate in appearance and value. (3) The proposed structure, or project, is in harmony with the proposed developments in the general area, with the Comprehensive Plan, and with the supplemental criteria which may be set forth for the Board from time to time. The proposed facade modifications result in a commercial vernacular architectural style that is sensitive to the era in which the building was constructed. The building will now have a decorative parapet and awning that will both be painted light blue and white. The architectural features on the east side of the building will be stucco with score lines and have decorative parapet caps. These architectural features will be painted teal. Based on the above, a positive finding with respect to LDR Section 4.6.18(1 =) can be made. Window Area: Per LDR Section 4.6.18(B)(14)(iv)(2), the minimum transparency or glass surface area on the ground floor wall area of all non - residential and mixed -use buildings shall be a minimum of 75% of the wall area for that elevation. The proposed development provides 52% of transparency along both Federal Highway and Atlantic Avenue. The applicant has submitted a waiver request from the minimum transparency requirement. The applicant has submitted the following verbatim narrative in support of the waivers: (a) "...The Waiver Request does not adversely affect the neighboring area since there are many existing buildings on, adjacent to or along Atlantic Avenue in the Central Business District (CBD) that are one story structures that are below the Transparency requirement. Since adding additional transparency on the ground floor would require adverse structural changes resulting in removing the existing tie beam and major demolition of the structure meeting this requirement is not necessary and is impracticable. (b) The Waiver Request does not significantly diminish the provision for public facilities in that given the existing transparency is adequate and has no impact on existing public facilities or is it expected that any future public facilities. (c) The Waiver Request does not create an unsafe condition or situation as the existing transparency on the ground floor is not unsafe. (d) The Waiver Request does not grant special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Given that there are many existing buildings located on and adjacent to Atlantic Avenue in the Central Business District (CBD) of similar size and window transparency the same waiver would be granted under similar circumstances on other property for another applicant or owner and would not create a special grant or privilege..." Waiver Analysis: The purpose of this requirement is to ensure that the relationship between the pedestrian and the businesses along the street is maintained. While the proposed development. does not provide the SPRAB Staff Report — October 10, 2012 Liz Building Renovations — Class III Site Plan Modification Page 7 minimum transparency as required, it does appear that sufficient window area has been provided to ensure that pedestrians will not notice the reduction and that "window shopping" will be maintained. The addition will bring the physical building closer to the pedestrians and enhance the downtown experience. It is noted that the City has approved similar waivers such as the Atlantic Plaza II and Stn Avenue at Delray projects. Consequently, a positive finding with respect to LDR Section 2.4.7(6)(5), Waiver Findings can be made. REf II,RED 1N C GS Pursuant to LDR Section 2.4.5(G)(1)(c)(Class III Site Plan Modification), a Class III site plan modification is a modification to a site plan which represents either a change in intensity of use, or which affects the spatial relationship among improvements on the land, requires partial review of Performance Standards found in LDR Sections 3.1.1 and 3.2.3, as well as required findings of LDR Section 2.4.5(G)(5). Pursuant to LDR Section 2.4.5 (G)(5) (Findings), with a Class III site plan modification formal findings under Section 3.1.1 are not required. However, a finding that the proposed changes do not significantly affect the originally approved plan must be made concurrent with approval of a Class III modification. Pursuant to LDR Section 2.4.5(G)(5), the development proposal will have the follow impact on Concurrency issues: Traffic: The proposed 207 square foot building addition will generate 9.17 average daily trips. Further, this addition will generate 1.41 peak a.m. trips and 1.04 peak p.m. trips. It is noted that the subject property is located in the City's Traffic Concurrency Exception Area. The proposed building addition will have an insignificant impact on traffic in the downtown area. Based upon the above, a positive finding with respect to traffic Concurrency can be made. Solid Waste: The solid waste generation of the 207 square foot building addition will be 1.06 tons per year. The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals until the year 2021. Downtown Development Authority (DDA): The DDA considered the site plan modification at its meeting of September 10, 2012 and unanimously recommended approval. Community Redevelopment Agency CRA): The CRA considered this project at its meeting on September 13, 2012 and recommended approval SPRAB Staff Report — October 10, 2012 Liz Building Renovations — Class Ill Site Plan Modification Page 8 Courtesy Notice: Courtesy notices have been provided to the following associations which have requested notice of developments in their areas: ➢ Neighborhood Advisory Council ➢ Chamber of Commerce ➢ Delray Citizens Coalition Letters of objection or support, if any, will be presented at the Site Plan Review and Appearance Board meeting. =: The proposed building addition will have insignificant impact on public services including traffic. Further, the proposed elevations are sensitive to the historical context of the building while providing a fresh appearance to the building. The waivers associated with the proposed development have been supported /approved for other projects that have similar circumstances to the subject property particularly with respect to infill development. Thus the proposal is consistent with LDR Section 3.1.1, Section 2.4.7(6)(5), and Section 2.4.5(G)(5) of the Land Development Regulations. A. Postpone with direction. B. Move approval of the Class III site plan modification, architectural elevations, and waivers for Liz Building Renovations, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with Section 3.1.1 (Performance Standards), Section 2.4.7(B)(5), and Section 2.4.5(G)(5) (Findings) of the Land Development Regulations subject to conditions. C. Move denial of the Class III site plan modification, architectural elevations, and waivers for Liz Building Renovations, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with Section 3.1.1(Performance Standards), 2.4.7(B)(5) and Section 2.4.5(G)(5) (Findings) of the Land Development Regulations. �� ._ �- �...... By Separate Motions: Waivers: 1. Recommend approval to the City Commission of the waiver to LDR Section 4.4.13(F)(4)(a)(2), which requires a 5 -foot setback along Federal Highway to zero feet, based on a positive finding with respect to LDR Section 2.4.7(B)(5). 2. Recommend approval to the City Commission of the waiver to LDR Section 4.4.13(F)(1)(a), which requires a minimum building height of 25 feet and 14 feet is proposed, based on a positive finding with respect to LDR Section 2.4.7(B)(5). SPRAB Staff Report — October 10, 2012 Liz Building Renovations — Class III Site Plan Modification Page 9 3. Recommend approval to the City Commission of the waiver to LDR Section 4.6.18(B)(14)(iv)(2), which requires a minimum window transparency or glass area of 75% and between 52% and 55% is proposed, based on a positive finding with respect to LDR Section 2.4.7(13)(5). Site Plan: Move to approve the Class III site plan modification for Liz Building Renovations, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with Section 3. 1.1 (Performance Standards) and Section 2.4.5(G)(5) (Findings) of the Land Development Regulations, subject to the following: 1. Address all Site Plan and Engineering Technical Items and submit three copies of the revised plans. 2. That a photometric plan be submitted that complies with the City's illumination requirements for building entrances. Elevations: Move to approve the building elevations for Liz Building Renovations, by adopting the findings of fact and law contained in the staff report, and finding that the modification is consistent with Section 3. 1.1 (Performance Standards), Section 4.6.18, and Section 2.4.5(G)(5) (Findings) of the Land Development Regulations. Attachments: Site Plan, Floor Plan, and Building Elevations Report prepared by: Scott Pape, AICP FCP Senior Planner MEMORANDUM TO: Mayor and City Commissioners FROM: Jasmin Allen, Planner Paul Dorling, AICP, Planning and Zoning Director THROUGH: City Manager DATE: October 25, 2012 SUBJECT: AGENDA ITEM 10.B. - REGULAR COMMISSION MEETING OF NOVEMBER 6, 2012 CONDITIONAL USE REQUEST /JOURDAN'S BRIDGE CLUB ITEM BEFORE COMMISSION The action before the City Commission is approval of a Conditional Use Request pursuant to LDR Section 2.4.5(E) for Jourdan's Bridge Club to allow the establishment of an indoor recreational establishment within the Delray Town Center Shopping Center (Phase 1), located at the northeast corner of Linton Boulevard and Military Trail. BACKGROUND The existing shopping center was approved by the City Commission on August 23, 1988, and subsequently rezoned from LC (Limited Commercial) to PC (Planned Commercial) with the citywide rezoning on October 1, 1990. Minor site plan modifications have been subsequently approved by the Site Plan Review and Appearance Board that include the construction of a 3,500 sq. ft. bank with drive - thru lanes; architectural elevation changes to accommodate the 22,528 sq. ft. ALDI Food Store within a portion of the building that was previously occupied by Albertsons; and demolition of an existing 6,500 sq. ft. Blockbuster building and the construction of a 4,423 sq. ft. Chase Bank. This Conditional Use request is to establish an indoor recreational facility for playing bridge within a 6,000 sq. ft. tenant bay adjacent to the Aldi Food store. The facility will accommodate 212 patrons with bridge sessions conducted at assigned hours that occur from 12:00p.m.- 4:00p.m., Monday through Sunday and from 7:00p.m.- 10:00p.m., Monday through Thursday. The site improvements involve interior renovations of the tenant bay to accommodate restroom facilities, a kitchen (without cooking apparatus), a pantry area and janitor's room. Exterior improvements are limited to the installation of two new entrance doors on the south building elevation and a new side egress door (east side). Additional background and an analysis of the Conditional Use request are found in the attached Planning and Zoning Board staff report. REVIEW BY OTHERS The Planning and Zoning Board considered the request at its meeting on October 15, 2012 at which time the Board unanimously recommended approval to the City Commission subject to conditions. RECOMMENDATION By motion, approve the Conditional Use request to allow an indoor recreational establishment known as the Jourdan's Bridge Club, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(E) (5), 4.4.12(D) [ref. Section 4.4.9(D)[11]and Chapter Three of the Land Development Regulations with the following conditions: That the number of patrons shall not exceed 212 during any assigned sessions. 2. That a Class I site plan modification application be processed for the proposed architectural elevation changes. 3. That a wall mounted light fixture be installed at the new side egress door that complies with the City's lighting requirement for building entrances. 4. That the overall site plan be updated to reflect the recently approved Chase Bank building at the southeast corner of the site. 5. That the interior site landscaping be maintained to comply with approved landscape plan. 6. That the seating layout plan be revised to show a total of 53 tables. 7. That the attached Fire Department Life Safety comments, with the exception of comment number six (6), be addressed prior to the issuance of a building permit. Attachment: Planning and Zoning Board Staff Report of October 15, 2012. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA CONDITIONAL USE REQUEST FOR JOURDAN'S BRIDGE CLUB ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This conditional use request has come before the City Commission on November 6, 2012. The conditional use request is to allow the establishment of an indoor recreational establishment in the Delray Town Center Shopping Center. 2. The City staff, applicant, and other persons have presented documentary evidence and testimony to the City Commission pertaining to the conditional use request of Jourdan's Bridge Club. All of the evidence is a part of the record in this case. Required findings are made in Sections I, II and III below. I. FUTURE LAND USE MAP A. Consistency: Pursuant to L. D. R. Section 3.1.1, the use and 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. Are the use and structure consistent with the Future Land Use Map designation? Yes No II. COMPREHENSIVE PLAN A. Concurrence: Objective B -2 of the Land Use Element of the Comprehensive Plan requires that development not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Are the concurrency requirements met with respect to water, sewer, parks, open space and recreation, drainage, schools, solid waste, and traffic? 1 Yes No III. LDR REQUIREMENTS A. Section 2.4.5(E)(5) requires certain findings: The conditional use will not: 1. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; 2. Hinder development or redevelopment of nearby properties. Will Section 2.4.5(E)(5) be met? Yes No 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the conditional use application was submitted. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports and testimony of witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves denies the conditional use application subject to the conditions attached hereto in Exhibit "A" and hereby adopts this Order this day of November 6, 2012, by a vote of in favor and opposed. ATTEST: Chevelle Nubin City Clerk 2 Nelson S. McDuff ie, Mayor EXHIBIT "A" Conditions Related to Jourdan's Bridge Club 1. That the number of patrons shall not exceed 212 during any assigned sessions. 2. That a Class I site plan modification application be processed for the proposed architectural elevation changes. 3. That a wall mounted light fixture be installed at the new side egress door that complies with the City's lighting requirement for the building entrances. 4. That the overall site plan be updated to reflect the recently approved Chase Bank building at the southeast corner of the site. 5. That the interior site landscaping be maintained to comply with approved landscape plan. 6. That the seating layout plan be revised to show a total of 53 tables. 7. That the following Fire Department Life Safety comments be addressed prior to the issuance of a building permit: a) Indicate the following Fire Code references: Florida Fire Prevention Code, 2010 Edition, NFPA 1, Fire Code, 2009 Florida Edition; and NFPA 101, Life Safety Code, 2009 Florida Edition. b) Provide seating plan. c) Address seating at tables abutting an aisle. See NFPA 101 — A. 12.2.5.8.3 for guidance. d) Show panic hardware for new doors at main entrance. e) Provide Life Safety Plan showing EXIT signs, emergency lighting, and fire extinguisher placement. f) Provide evacuation diagrams in accordance with 7.10.8.5. g) Post occupant load in a conspicuous place near main exit from room. h) Indicate whether the building has an existing fire sprinkler / fire alarm systems, which are Central Station. Occupant load exceeding 300 shall 1 be protected by an approved, supervised, automatic sprinkler system in accordance with 12.3.5.2. i) Presently, the plan shows new 1 hour west wall to extend to underside of roof deck. Tenant separation between an assembly and a mercantile must be 2 hours in accordance Table 6.1.14.4.1 (b), unless protected throughout by an approved automatic sprinkler. 2 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH -- -STAFF REPORT - -- MEETING DATE: October 15, 2012 AGENDA ITEM: V.A ITEM: Conditional Use Request for Jourdan's Bridge Club to allow the establishment of an indoor recreational establishment that will occupy a 6000 sq. ft. tenant bay within the Delray Town Center Shopping Center, located at the northeast corner of Linton Boulevard and Military Trail. (Quasi- Judicial Hearing). GENERAL DATA: Ownerl Applicant .......................'.. Delray Realty Associates, LLC Applicant ..... ............................... Delray Realty Associates, LLC Agent ........... ............................... Richard Cher Location ....... ............................... Northeast corner of Linton Boulevard and Military Trail Property Size._..... ............... 9.58 Acres Future Land Use Map ................ GC (General Commercial) Current Zoning ............................ PC (Planned Commercial) Adjacent Zoning... ............. North: CF (Community Facilities) East: PC (Planned Commercial) South: PC (Planned Commercial) West: County RM (Medium Density Residential) Existing Land Use ...................... Commercial Shopping Center Proposed Land Use .................... Establishment of an indoor recreational facility within the Shopping center,. Water Service ............................. Existing on site. Sewer Service ............................. Existing on site. V. A. w ® c The action before the Board is that of making a recommendation to the City Commission on a Conditional Use request for Jourdan's Bridge Club to allow the establishment of an indoor recreational establishment to accommodate the playing of bridge, within a 6,000 sq. ft. bay at the Delray Town Center, pursuant to LDR Section 2.4.5(E). The subject property is located at the northeast corner of Linton Boulevard and Military Trail. `B ►k �lJ 1i The subject property is part of Parcel 1 of the Delray Town Center plat as recorded in Plat Book 65, Page 189, of Palm Beach County. Phase I, Delray Town Center is the western half of the overall Delray Town Center development and contains 9.58 acres. The subject site has an extensive land use history. At its meeting of August 23, 1988, the City Commission approved a major site plan modification for Delray Town Center Phase I. The approval included a 91,417 square foot shopping center (63,442 sq. ft. Albertsons and 27,975 sq. ft. of retail uses) with two outbuildings consisting of a 5,000 square foot drive - through bank and a 5,000 square foot restaurant. The outparcel buildings were subsequent modified with the approval of a site plan modification by the City Commission on August 14, 1990. With the citywide rezoning on October 1, 1990, the property was rezoned from LC (Limited Commercial) to PC (Planned Commercial). At its meeting of July 25, 2001, the SPRAB approved a Class II Site Plan, landscape, and architectural elevations associated with the construction of a 3,500 sq. ft_ bank with two drive - thru lanes. At its meeting October 13, 2010, the Site Plan Review and Appearance Board approved a Class I site plan modification associated with architectural elevation changes to accommodate the 22,528 sq. ft. ALDI Food Store within a portion of the building that was previously occupied by Albertsons Food Store. On December 14, 2011, the Site Plan Review and Appearance Board approved a Class IV Site Plan associated with the demolition of the existing 6,500 sq. ft. Blockbuster building and the construction of a 4,423 sq. ft. Chase Bank, On August 7, 2012, a Conditional Use request was submitted to establish an indoor recreational facility for the playing of bridge within a 6,000 sq. ft. tenant bay adjacent to the Aldi Food store and is now before the Board for action. The conditional use request is to establish a Recreational Facility. The proposal includes the following: ❑ Establishment of an indoor Recreational Facility within a 6,000 square foot tenant bay located adjacent to (east side) the Aldi Food Store. Planning and Zoning Board Staff Report Jourdan's Bridge Club - Conditional Use Approval Page 2 ❑ The improvements involve the interior renovation of the tenant bay to accommodate restroom facilities, a kitchen (without cooking apparatus), a pantry area and janitor's room. Exterior improvements are limited to the installation of two new entrance doors on the south building elevation and a new side egress door (east side). ❑ Bridge sessions are conducted at assigned hours that occur from 12:00p.m.- 4:00p.m., Monday through Sunday and from 7:00p.m. - 10:00p.m., Monday through Thursday. The proposed use will employ five people. ❑ The request states that there will be 53 tables accommodating 4 players per table, for a total of 212 patrons. The applicant has provided the following narrative that describes the use: Jourdan's Bridge Club is currently operating in Delray Beach, at 14610 South Military Trail (northeast corner of Military Trail and Atlantic Avenue). The proposal is to relocate the existing facility to the Delray Town Center. The facility offers people the opportunity to learn the game of bridge as well as to improve the skill of those players who are at a more advanced level. The general public is welcome to attend the facility at any time that they are open. A $10.00 fee is charged per person to participate. Jourdan's maintains no membership lists, requires no dues and does not schedule regular group meetings or any other activity that would be normally associated with a club. Jourdan's operates as most other businesses, they are opened at an assigned hour. 12:00p.m.- 4:00p.m., Monday through Sunday and from 7:00p.m. - 10:00p.m., Monday through Thursday. The amount of parking for this facility was originally planned and provided for the use of a large shopping center tenant "Albertsons ", which has left the plaza and has left a very large unoccupied space. The number of persons occupying Jourdan's would be far less concentrated than that of an Albertsons type of facility. A d REQUIRED FINDINGS (Chapter Three): Pursuant to LDR Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body, which has the authority to approve or deny the development application. These findings relate to the following four areas. FUTURE LAND USE MAP: The use or structures must be allowed in the zone district and the zoning district must be consistent with the land use designation. The subject property has a Future Land Use Map designation of GC (General Commercial) and a PC (Planned Commercial) zoning designation. The PC zoning designation is consistent with the GC FLUM designation. Within the PC zoning district, the conditional uses of the GC zoning district are applicable. Pursuant to LDR Section 4.4.12(D) [ref. Section 4.4.9(D)(11)], within the PC zoning district "Recreational establishments such as bowling alleys, gymnasiums, health spas, miniature golf courses, skating rinks" are allowed as a Conditional Use. Based upon the Planning and Zoning Board Staff Report Jourdan's Bridge Club - Conditional Use Approval Page 3 above, a positive finding can be made with respect to consistency with the Future Land Use Map designation. CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. The conversion of the property to a recreational facility will not have an impact on water, sewer, parks and recreation, drainage or schools. Solid Waste: The previous use of a grocery store (for that area of the building) generated 41.7 tons of solid waste per year. The proposed recreational facility would generate 12.3 tons of solid waste per year. This equates to a net decrease of 29.4 tons of solid waste per year. The Solid Waste Authority forecasts that capacity will be available at the existing landfill through approximately the year 2021, Traffic: The existing floor area and the reuse of space within an existing shopping center does not require a traffic study or statement. The applicant has provided the following statement relating to traffic generation: The original use of this site was to accommodate a large retail grocery store and was designed to deal with heavy traffic circulation load. Jourdan's would not incur the continual traffic circulation that a large store like Albertsons would. The traffic generated would be more cyclical, with persons coming and leaving at the end of the instructional period, in Jourdan's case at approximately 12:00 noon, and then again at 4:00 p.m. on Mondays through Sundays and to a smaller extent at 7;00 p.m. and at 10 :p.m. on Mondays through Thursdays. CONSISTENCY: Compliance with performance standards set forth in Chapter Three and required findings in LDR Section 2.4.5(E) (5) for the Conditional Use request shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. A review of the Objectives and Policies of the adopted Comprehensive Plan was conducted and no applicable Objectives or Policies were found. LDR SECTION 2.4.5(E) - REQUIRED FINDINGS: Pursuant to LDR Section 2.4.5(E) (5), in addition to provisions of .Chapter Three, the City Commission must make findings that establishing the conditional use will not: (a) Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; (b) Hinder development or redevelopment of nearby properties. Planning and Zoning Board Staff Report Jourdan's Bridge Club - Conditional Use Approval Page 4 The following table indicates the zoning and land use of the properties surrounding the subject property: ::off Community Facilities (CF) Duncan Center iu Planned Commercial (PC) Boca Ray Plaza t Planned Commercial PC Delray Town Center Phase II _W Multiple Family Residential Las Verdes (Unincorporated Palm Beach County) As the proposed use will occupy a portion of a vacant bay which is internal to the Delray Town Center, there will be no impacts on adjacent properties. The proposed use will not hinder development or redevelopment of nearby properties. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: LDR Section 4.6.9 (Parking): Pursuant to LDR Section 4.6.9(C)(3)(e), shopping centers with 25,000 sq. ft. to 400,000 sq. ft. of gross leasable floor area, irrespective of uses, must provide 4 parking spaces per 1,000 square feet. The total gross floor area of the Delray Town is 100,835 square feet and thus, will require 403 parking spaces (100,835 sq. ft. x 411,000 — 403.34). The Delray Town Center (Phase 1) shopping center contains approximately 409 parking spaces with approximately 188 spaces in the general vicinity of the subject bay. Therefore, there will be a sufficient number of parking spaces in the immediate area to accommodate the demands of the proposed facility as well as the adjacent retail uses within the shopping plaza. Floor Plan With the Conditional Use request, a floor plan and a seating layout plan were submitted and reviewed by staff. A discrepancy in the number of tables is noted between the seating layout plan and the stated request. The application and floor plan indicates a total of 53 tables, with each table accommodating four (4) patrons. The seating plan shows a total of 54 tables. Thus a condition of approval is noted to revise the seating layout plan to reduce the number of tables to 53 tables. Additionally, a kitchen (without cooking apparatus), and restrooms are to be located in the center of the room. The proposed kitchen contains a refrigerator, stove and sink. The applicant has indicated that snacks and refreshments will be served to the players. Other Issues: Crime Prevention Through Environmental Design ( CPTED): Per LDR Section 4.4.13(F)(4)(f)(2), building and site design shall incorporate CPTED standards to the greatest extent possible. The proposed commercial storefront will provide adequate view corridors to discourage criminal activity on the south side of the building. Installation of the side egress door to the rear loading /parking area is a potentially hazardous area with poor visibility. The applicant should install view ports in the side door to improve visibility to the rear loading area. Improving safety through proper lighting is discussed in the following section. Planning and Zoning Board Staff Report Jourdan's Bridge Club - Conditional Use Approval Page 5 Lighting: Per LDR Section 4.6.8(A)(3), the lighting requirement for the building entrances is a minimum of 1 foot candle and a maximum of 10 foot candles. Compliance with this requirement is of particular concern that the egress door to the rear loading /parking area is a prime ambush point for employees of the business. Thus, a condition of approval is attached that wall mounted light fixture be provided at the new egress door (side elevation) that complies with the City's illumination standards be submitted prior to the certification of the Class I site plan modification. The development proposal is not located within a geographical area requiring review by the CRA (Community Redevelopment Agency) or the DDA (Downtown Development Authority). Public Notice: Formal public notice has been provided to property owners within a 500 -foot radius of the subject property. Letters of objection, if any, will be presented at the Planning and Zoning Board meeting. Courtesy Notice: Courtesy notices have been provided to the following homeowner's associations, which have requested notice of developments in their areas: ❑ Neighborhood Advisory Council ❑ Delray Citizen's Coalition ❑ Sherwood Park Civic Association ❑ Shadywoods ❑ Hammock Reserve • Lakeview Civic Association • Spanish Wells Letters of objection, if any, will be presented at the Planning and Zoning Board meeting, The proposed Conditional Use request involves the establishment of an indoor recreational facility known as the Jourdan's Bridge Club, within the Delray Town Center Phase I Shopping Plaza. The proposed use is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. There is adequate parking in the vicinity of this bay to accommodate parking demands of this facility as well as adjacent businesses. Positive findings can be made with respect to Section 2.4.5(E)(5) regarding compatibility of the proposed use with surrounding properties. A. Continue with direction. Planning and Zoning Board Staff Report Jourdan's Bridge Club - Conditional Use Approval Page 6 B. Move a recommendation of approval of the conditional use request to allow for the establishment of an indoor recreational establishment known as the Jourdan's Bridge Club, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(E)(5), 4.4.12(D)[ref. Section4.4.9(D)(11)], and Chapter Three of the Land Development Regulations, subject to the attached conditions. C. Move a recommendation of denial of the conditional use request to allow for the establishment of an indoor recreational establishment known as the Jourdan's Bridge Club, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet criteria set forth in Sections 2.4.5(E)(5), 4.4.12(D)[ref. Section4.4.9(D)(11)], and Chapter Three of the Land Development Regulations. Emm EM Move a recommendation of approval of the conditional use request to allow an indoor recreational establishment known as the Jourdan's Bridge Club, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(E) (5), 4.4.12(D) [ref. Section 4.4.9(D)(11] and Chapter Three of the Land Development Regulations with the following conditions: 1. That the number of patrons shall not exceed 212 during any assigned sessions. 2. That a Class I site plan modification application be processed for the proposed architectural elevation changes. 3. That a wall mounted light fixture be installed at the new side egress door that complies with the City's lighting requirement for the building entrances. 4. That the overall site plan be updated to reflect the recently approved Chase Bank building at the southeast corner of the site. 5. That the interior site landscaping be maintained to comply with approved landscape plan. 6. That the seating layout plan be revised to show a total of 53 tables. 7. That the attached Fire Department Life Safety comments be addressed prior to the issuance of a building permit. Attachments: Location Map Site /sketch plan Floor /Seating Plan Report Prepared by: Jas,min Allen, Planner Planning and Zoning Board Staff Report Jourdan's Bridge Club - Conditional Use Approval Page 7 Pursuant to LDR Section 3.1.1(6), Concurrency, as defined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan, must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Water and Sewer: Water and sewer services are on -site and new plumbing extensions will be made to accommodate the proposed restroom facilities interior to the building. Pursuant to the City's Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build -out. Based upon the above, positive findings can be made with respect to this level of service standards. Parks and Recreation Facilities: Park and Recreation requirements do not apply for non - residential uses. Schools: School concurrency findings do not apply for non - residential uses. Thus, the proposed development will not have any impacts with respect to this standard. Drainage: Drainage is accommodated on -site via an exfiltration trench system. There should be no impact on drainage as it relates to this standard. Ae<t17_ it y. � �,. �� •� .may :.. ,� �_ s rip - s LINTON rr �� T BOULEVARD s� s _ Mwi r " Of Off" i *� r: 11 119 rm ;j �t a CITY of DELRAY BEACH SUBJECT JOURDAN'S BRIDGE CLUB PLANNING AND ZONING DEPARTMENT PROPERTY A • 100 NW 1ST AVENUE, DELRAY BEACH, FLORIDA 33444 NORTH D LOCATION MAP r ❑�� Lam' ❑ L._� E n4 �� Interoffice Memo Date: 9/24/12 , , To zn • Jasin ,llen, Planner cc: TAC File From: B. Hal Knabb Captain - Fire Department 1 corner „ of Linton Boulevard & Military Trail -- u 'ect• Jourdan's Club, NE. Conditional Use Request 1. Indicate Eire Code reference— Florida Fire Prevention Code, 2010 Edition., NFPA 1, Fire Code, 2009 Florida Edition, and NFPA 101, Life Safety Code, 2009 Florida Edition. 2. Provide seating plan. 3. Address seating at tables abutting an aisle. See NFPA 101— A. 12.2.5.8.3 for guidance. 4. Show panic hardware for new doors at main entrance. 5. Provide Life Safety Plan showing EXIT signs, emergency lighting, and fire extinguisher placement. 6. Cooling equipment producing grease laden vapors — kitchen hood and suppression system required. 7. Evacuation diagrams in accordance with 7.10.8.5 shall be provided. S. Post occupant load in a conspicuous place near main exit from room. 9. Indicate if building has existing fire sprinkler / fire alarm systems. They will need to be Central Station. Occupant load exceeding 300 shall be protected by an approved, supervised, automatic sprinkler system. Per 12.3.5.2 10. Plan shows new 1 hour west wall to extend to underside of roof deck. Tenant separation between an assembly and a mercantile is 2 hours per Table 6.1.14.4.1 (b). Unless protected throughout by an approved automatic sprinkler. MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: October 30, 2012 SUBJECT: AGENDA ITEM N.C. - REGULAR COMMISSION MEETING OF NOVEMBER 6, 2012 APPOINTMENT TO THE PUBLIC ART ADVISORY BOARD ITEM BEFORE COMMISSION This item is before the City Commission for an appointment to the Public Art Advisory Board. BACKGROUND There is a vacancy on the Public Art Advisory Board due to the resignation of Ms. Lynda Kidd. An appointment is needed for one (1) regular member to serve an unexpired term ending July 31, 2013. On February 1, 2005, the Delray Beach City Commission adopted Ordinance No. 77 -04 establishing the Public Art Advisory Board for the purpose of advising and making recommendations to the City Commission with respect to public art policy and related issues including, but not limited to, the selection, construction and placement of public art in/on City rights -of -way and City owned property. The Public Art Advisory Board shall consist of seven (7) members. Three (3) seats on the Board must be filled with either an artist, architect, landscape architect or engineer. Laypersons of knowledge, experience and judgment who have an interest in public art shall make up the balance of the Board. The following individuals have submitted applications and would like to be considered for appointment: (See Exhibit "A" attached) A check for code violations and /or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the appointment will be made by Commissioner Carney (Seat #1) for one (1) regular member to serve an unexpired term ending July 31, 2013. RECOMMENDATION Recommend appointment of one (1) regular member to serve an unexpired term ending July 31, 2013. PUBLIC ART ADVISORY BOARD 10/12 TERM EXPIRES REGULAR MEMBERS OCCUPATION 07/31/13 Daniel Bellante Business Owner Unexp Appt03 /20/12 07/31/14 Sharon Koskoff Artist Appt07/17/12 07/31/13 Unexp Vacant 07/31/14 Sandi Franciosa Appt 07/20/10 Administrative Reappt07 /17/12 Asst /Retired 07/31/14 Kevin Rouse Artist /Photographer Appt07/17/12 07/31/14 Carolyn Pendelton- Parker Landscape Architect Appt08 /07/12 07/31/13 Mary Minieka Administration Appt07 /21/09 Reappt07 /05/11 Mary Elizabeth Cohn Shirl Fields Jerry Rabinowitz PUBLIC ART ADVISORY BOARD EXHIBIT A Education Consultant Jewelry Designer/Retired Photographer/Business Owner Chris Stray Landscape Designer MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: October 29, 2012 SUBJECT: AGENDA ITEM 11.A. - REGULAR COMMISSION MEETING OF NOVEMBER 6, 2012 ORDINANCE NO. 40 -12 (SECOND READING /SECOND PUBLIC HEARING) ITEM BEFORE COMMISSION This ordinance is before Commission for second reading and second public hearing to consider a city - initiated amendment to the Land Development Regulations (LDR) Section 4.3.3 (ZZZ), "Transient Residential Use ", in order to clarify prohibitions, exemptions /exceptions, waivers, and penalties; and amending Appendix "A ", "Definitions ", in order to amend the definition of "Transient Residential Use" and amending Subsection 4.4.6(b), "Principal Uses and Structures Permitted ", to remove transient residential use as a principal use. BACKGROUND At the first reading on October 16, 2012, the Commission passed Ordinance No. 40 -12. RECOMMENDATION Recommend approval of Ordinance No. 40 -12 on second and final reading. ORDINANCE NO. 40 -12 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.3.3, "SPECIFIC REQUIREMENTS FOR SPECIFIC USES ", BY AMENDING SUBSECTION 4.3.3(ZZZ), "TRANSIENT RESIDENTIAL USE ", IN ORDER TO CLARIFY PROHIBITIONS, EXEMPTIONS/ EXCEPTIONS, WAIVERS, AND PENALTIES FOR SAME; AMENDING APPENDIX "A ", "DEFINITIONS ", IN ORDER TO AMEND THE DEFINITION OF "TRANSIENT RESIDENTIAL USE "; AMENDING SUBSECTION 4.4.6(B), "PRINCIPAL USES AND STRUCTURES PERMITTED ", TO REMOVE TRANSIENT RESIDENTIAL USE AS A PRINCIPAL USE; PROVIDING A SAVING CLAUSE, A GENERAL, REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission hereby finds and declares that the leasing, renting, licensing, subleasing or otherwise allowing in any manner or form the use of single - family residential dwelling units for periods of less than twelve (12) months with a turnover in occupancy more often than three (3) times per year to any person, entity or family, is a non - residential activity and is not considered an accessory use customarily accessory and incidental and subordinate to the primary intended purpose of dwellings, See, ScbwanZ v. City of Treasure Island, 21 F1a.L.Weekly Fed. C11541 (11th Cir. 2008); and WHEREAS, the Census Data collected by the U.S. Census Bureau in 2010 provides that the average family size is 2.24 people in the City of Delray Beach; and WHEREAS, transient residential uses often maximize occupancy causing increased pressure on infrastructure, including: garbage, sewer, water, roadways, and utilities; code enforcement, law enforcement, fire protection and inspection services; and WHEREAS, transient residential uses can result in increased noise and traffic in single - family residential communities; and WHEREAS, unless regulations are placed on the amount and location of transient uses, such uses could overwhelm the non - transient related single - family residential community making the City of Delray Beach a less attractive place to reside; and WHEREAS, transient residential uses can be incompatible with permanent and seasonal residential uses if not properly planned, controlled and regulated; and WHEREAS, the rapid turnover in occupancy associated with transient residential uses can be a disruptive influence on the peaceful use and enjoyment of single family residential areas; and WHEREAS, reserving land for single family residences preserves the character of neighborhoods, securing "zones where family values, youth values, and the blessings of quiet seclusion and clean air make the area a sanctuary for people." See, City of Edmonds v. Oxford House, 514 U.S. 725, 733 115 S.Ct. 1776, 131 L.Ed. 2d 801 (1995); and WHEREAS, Congress intended the FHA to "prohibit the use of zoning regulations to limit the ability of the handicapped to live in the residence of their choice in the community; however, the FHA does not pre -empt or abolish a municipality's power to regulate land use and pass zoning laws." See, Jeffry O. v. City of Boca Raton, 511 F. Supp. 2d 1339 (S.D. Fla. 2007); and WHEREAS, transient residential uses can displace permanent single family residential dwellings and thus reduce the number of permanent residents in the City and cause a reduction in state revenue sharing funds necessary to support the services that influence the quality of life for residents, commercial interests, and visitors to the City of Delray Beach; and WHEREAS, uncontrolled and unregulated transient residential uses is found to have a negative impact on the City of Delray Beach's economy, property values, law enforcement, traffic, safety, and the general health, safety, and welfare of the citizens of Delray Beach; and WHEREAS, the State of Florida has recognized that leases, rentals, licenses, subleases, and assignments or otherwise allowing in any manner the use of a residential dwelling unit for under six (6) months in duration is a transient use and is therefore taxed by the State of Florida at a rate of six (6) percent of the total rental amount charged; and WHEREAS, the Delray Beach Planning and Zoning Board has reviewed this ordinance and a duly noticed public hearing was held before the Planning and Zoning Board on September 24, 2012, and said Board has recommended adoption of the changes to the City's Land Development Regulations regarding the regulation of transient rental units by a vote of 7 to 0 ; and WHEREAS, the City Commission and the Planning and Zoning Board both find that the ordinance is consistent with the City's Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Land Development Regulations of the City of Delray Beach, Florida, Section 4.3.3, "Specific Requirements for Specific Uses ", Subsection 4.3.3(ZZZ), "Transient Residential Uses ", shall hereby be amended to read as follows: 2 ORD. NO. 40 -12 (ZZZ) TRANSIENT RESIDENTIAL USE The entire dwelling unit or any part thereof, which is located in Single Family, Rural Residential, or Planned Residential Development Zoning Districts and is operated or used in such a way that any part of the dwelling unit turns over occupancy more often than three (3) times in any one (1) year shall be presumed to be a Transient Residential Use and therefore prohibited. An entire dwelling unit or any part thereof, which is located in Low Density Residential $U o Medium Density Residential (RM) Zoning Districts and is operated or used in such a way that any part of the entire dwelling unit turns over occupancy more often than six (6) times in any one (1) year shall be presumed to be a Transient Residential Use and therefore prohibited. (1) Exceptions/ Exemptions: (a) Existing transient residential uses with a turnover more often than three (3) times per year but not exceeding six (6) times per year in single - family, rural residential, and planned residential development zoning districts may continue until twelve (12) months after the effective date of +4is ordinance 03 -12. (b) The leasing, renting, licensing, subleasing or otherwise allowing in any manner or form the use of a single - family dwelling unit for Community Residential and Group Homes which are licensed by the state are exempt. (c) The real property owners of the dwelling unit and their family are exempt regardless of how much time the owners and family spend at the dwelling unit on a yearly basis. (2) Waiver for Undue Economic Hardship: In all instances where there is a claim of undue economic hardship, the property owner may be granted a waiver from Section 4.3.3(ZZZ) after submission of waiver request to the City's Community Improvement Director or his /her designee (al All waivers requests shall include the following documentation: {a} I. The amount paid for the property, the date of purchase, and the party from whom purchased; {} 2. The assessed value of the land and improvements thereon, according to the two most recent assessments; {� 3. Real estate taxes for the previous two years; 3 ORD. NO. 40 -12 {�} 4. Annual debt service or mortgage payments, if any, for the previous two years; All appraisals, if any, obtained within the previous two years by the owner or applicant in connection with the purchase, financing, or ownership of the property; {f} L. Any listing of the property for sale or rent, price asked, and offers received, if any; {g} 7. The annual gross income from the property for the previous two years, if any; {4 8. The annual cash flow, if any, for the previous two years; {} 9. An applicant may submit and the Community Improvement Director or his /her designee may require that an applicant furnish additional information relevant to the determination of any alleged undue economic hardship; and {} 10. In the event that any of the required information is not reasonably available to the property owner and cannot be obtained by the property owner, the property owner shall file statement of the information which cannot be obtained and the reasons why such information cannot be reasonably obtained. Where such unobtainable information concerns required financial information, the property owner will submit a statement describing estimates which will be as accurate as are feasible. (b) Notice of Proposed Decision. The City's Community Improvement Director, or his/her designee, shall have the authority to consider and act on waivers for undue economic hardship under this section. When a waiver has been requested, the Citv's Community Improvement Director, or his /her designee, shall issue a written determination within for , -five �45Lys of the date of receipt of all required documentation and mad. (1) grant the waiver request, (2) grant a portion of the request and den portion of the request, and /or impose conditions upon the grant of the request, or (3 ) deny the request. Any such denial shall be in writing and shall state the grounds therefore. All written determinations shall give notice of the right to appeal. The notice of determination shall be sent to the 4 ORD. NO. 40 -12 requesting nart�T by certified mail, return receipt requested. If reasonably necessary to reach a determination on the request for reasonable accommodation, the Cit,:'s Community Improvement Director, or his /her designee, mad. prior to the end of said fo , -five (45) da: period. request additional information from the requesting part, specif�g in sufficient detail what information is required. The requesting part,: shall have fifteen (15) days after the date of the request for additional information to provide the requested information. In the event a request for additional information is made, the forty -five (45) da: period to issue a written determination shall no longer be applicable, and the Cit,:'s Community Improvement Director, or his /her designee, shall issue a written determination within thirt„L(0) dys after receipt of the additional information. If the requesting party fails to provide the requested additional information within said fifteen (15) da) period, the Cit,:'s Community Improvement Director, or his/her designee, shall issue a written notice advising that the requesting part,: had failed to timely submit the additional information and therefore the request for waiver shall be deemed abandoned and /or withdrawn and no further action by the City with regard to said wavier request shall be required. (c) Appeal. Within thirt,T (30) days after the Community Improvement Director's, or his/her designee's, determination on a waiver request is mailed to the requesting part. such applicant ma): the decision. All appeals shall contain a statement containing sufficient detail of the grounds for the appeal. Appeals shall be to the City Commission who shall, after public notice and a public hearing, render a determination as soon as reasonabl) practicable, but in no event later than sixt„L(60,� days after an appeal has been filed. (3) Reasonable Accommodation: Reasonable Accommodations from this section may be obtained pursuant to LDR Section 2.4.7(G). (4) Penalties for Violations: The City adopts all enforcement methods, which include, but are not limited to, the issuance of a citation, summons, notice to appear in county court, arrest for violation of municipal ordinances, civil citations, injunction or any other enforcement method authorized by law including penalties as set forth in Section 10.99 of the City's Code of Ordinances. Any property owner that leases, rents, licenses, subleases, or otherwise allows in any manner or form the use of an entire dwelling unit within a single - family, rural residential, or planned residential development zoning district for a period of less than twelve (12) months with a turnover in occupancy of any part of the dwelling unit more often than three (3) times in any one (1) year as well as those entire dwelling units that are 5 ORD. NO. 40 -12 located within Low Density Residential (RLL Medium Density Residential (RM) Zoning Districts with a turnover in occupancy of any part of the dwelling unit more often than six (6) times in any one (1) year shall be in violation of this section. (5) Severability: (a) Generally. If any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of Section 4.3.3(ZZZ) is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect the remainder of Section 4.3.3(ZZZ), "Transient Residential Uses ". (b) If the entire Section 4.3.3(ZZZ) is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the earlier version of this section adopted by the City Commission on July 7, 2009 as Ordinance 29 -09 shall be substituted herein and shall be deemed to be in full force and effect. Section 2. That Appendix "A ", "Definitions ", of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be amended to read as follows: TRANSIENT RESIDENTIAL USE shall mean the entire dwelling unit or any part thereof, which is located in Single Family, Rural Residential, or Planned Residential Development Zoning Districts and is operated or used in such a way that any part of the dwelling unit turns over occupancy more often than three (3) times in any one (1) year and the entire dwelling unit or any part thereof, which is located in Low Density Residential $u o Medium Density Residential (RM) Zoning Districts and is operated or used in such a way that any part thereof turns over occupancy more often than six (6) times in any one (1) year. Section 3. That Section 4.4.6, "Medium Density Residential (RM) District ", Subsection (B), "Principal Use and Structures Permitted ", of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be amended to read as follows: (B) Principal Uses and Structures Permitted: The following types of use are allowed within the (RM) District as a permitted use: (1) Single family detached dwellings. (2) Duplex structures. (3) Multiple family structures. (4) An abused spouse residence with twelve (12) or fewer residents. 6 ORD. NO. 40 -12 (5) Group Homes, Types 1 and 2, and Community Residential Homes, pursuant to restrictions set forth in Section 4.3.30. (6) Parking lots not associated with a use, pursuant to an adopted neighborhood or redevelopment plan. (7) Pocket parks. (8) Public educational facilities of The School District of Palm Beach County, pursuant to the regulations set forth in Section 4.3.3 (HH). (9) Assisted Living Facilities and Continuing Care Facilities. {44)4L0 Residential Licensed Service Provider Facilities. {} 11 Nursing Homes within multi - family structures only. {4} 4L2 Community Gardens pursuant to regulations set forth in Section 4.3.3(D). 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 12012. ATTEST City Clerk First Reading Second Reading MAYOR 7 ORD. NO. 40 -12 Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: October 10, 2012 SUBJECT: AGENDA ITEM 11.A. - REGULAR COMMISSION MEETING OF OCTOBER 16, 2012 ORDINANCE NO. 40 -12 (FIRST READING/ FIRST PUBLIC HEARING) ITEM BEFORE COMMISSION Page I of I Approval of a city- initiated amendment to the Land Development Regulations (LDRs) that will amend prohibitions, exemptions /exceptions, waivers and penalties for transient residential uses; and will amend the definition of `transient residential uses. ' BACKGROUND Transient Residential Uses are prohibited in Single Family and Planned Residential Development (PRD) zoning districts, but are allowed as a permitted use in the Medium Density Residential (RM) districts with turnover rates of up to six (6) times per year and prohibited thereafter. Turnover rate refer to the entire dwelling unit or any part thereof, regardless of how it is segmented. These current modifications clarify that the Single Family Residential Zoning districts category includes the (RR) Rural Residential zoning designation and that the Medium Density Residential zoning districts category includes the (RL) Low Density Residential zoning designation. These ordinance modifications also provide for procedural standards for undue economic hardship requests and remove a reference to "Transient Residential Use" as a principal use allowed in the RM (Medium Density Residential District) . The Planning and Zoning Board reviewed the item at its September 24, 2012 meeting and made a recommendation of approval on a 7 -0 vote RECOMMENDATION By motion, approve Ordinance No. 40 -12 on first reading for a city- initiated amendment to the Land Development Regulations to modify Subsection 4.3.3(ZZZ), "Transient Residential Uses ", in order to clarify prohibitions, exemptions /exceptions, waivers, and penalties for same; and amending Appendix "A ", "Definitions ", in order to amend the definition of "Transient Residential Uses, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5 (M). http:// itwebapp/ AgendaIntranet /Bluesheet.aspx ?ItemID= 6107 &MeetingID =392 10/29/2012 PLANNING'AND ZONING. `BOARD STAFF REPORT MEETING DATE: SEPTEMBER 24, 2012 AGENDA NO: VI. E. AGENDA ITEM: CONSIDERATION OF A CITY - INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDR), AMENDING SUBSECTION 4.3.3(ZZZ), "TRANSIENT RESIDENTIAL USES ", IN ORDER TO CLARIFY PROHIBITIONS, EXEMPTIONSIEXCEPTIONS, WAIVERS, AND PENALTIES FOR SAME; AND AMENDING APPENDIX "A ", "DEFINITIONS ", IN ORDER TO AMEND THE DEFINITION OF "TRANSIENT RESIDENTIAL USES ". ITEM �8EFOREIHE,'BOARD The item before the Board is to make a recommendation to the City Commission regarding a city - initiated amendment to the Land Development Regulations (LDRs) that will amend prohibitions, exemptions/exceptions, waivers and penalties for transient residential uses; and will amend the definition of 'transient residential uses.' Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board, BACKGROUND';; In February of 2012 the City enacted ordinances relating to transient residential uses which stemmed from concerns that allowing use of single family residential dwelling units for transient residential use elevates the use to one that has characteristics of a non - residential activity and is not considered incidental and subordinate to the primary purpose of a single family dwelling. Those original ordinances clarified prohibitions, exemptionslexceptions, and waivers and penalties for transient residential uses and modified the existing definition of transient residential uses to limit occupancy turn over to no more than three (3) times per year for any dwelling or any part thereof. Additional changes to one of these ordinances are now proposed which will provide additional clarification as to applicability and provide additional procedural standards for waiver requests. ANALYSIS Transient Residential Uses are prohibited in Single Family and Planned Residential Development (PRD) zoning districts, but are allowed as a permitted use in the Medium Density Residential (RM) districts with turnover rates of up to six (6) times per year and prohibited thereafter. Turnover rate refer to the entire dwelling unit or any part thereof, regardless of how it is segmented. These current modifications clarify that the Single Family Residential Zoning districts category is inclusive of the (RR) Rural Residential zoning designation and that the Medium Density Residential zoning districts category is inclusive of the (RL) Low Density Residential zoning designation. These ordinance modifications also provide for procedural standards for undue economic hardship requests. Planning and Zoning Board Meeting, September 24, 2012 LDR Amendment — Transient Residential Uses Any property owner that leases, rents, licenses, subleases a single family residential dwelling unit within the single family zoning districts more than three (3) times in any given year or a dwelling unit in Medium Density Zoning districts more than six (6) times in any given year will be in violation of this ordinance. REQUIRED FINDINGS Comprehensive Plan Conformance LDR Section 2.4.5(M)(5) (Findings) requires that the City Commission make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. A review of the Comprehensive Plan identified the following applicable objectives /policies: Housing Element Ob'ective A -4 For those areas identified as "needing stabilization" on the Residential Neighborhood Categorization Map ", the City shall take measures to prevent further decline (i.e. environmental impact, police activity, traffic, building height and density), and to help move the neighborhood toward a classification of "stable" residential," without displacement of existing residents. Housing Element Objective A -11 To assist residents of the City in maintaining and enhancing their neighborhood, the City, through public input and notification, shall take steps to ensure that modifications in and around the neighborhood do not lead to its decline, such as those described in the following policies. The proposed ordinance is consistent with the above- stated objectives. REVIEW BY OTHERS`` Courtesy Notices Courtesy notices were provided to the following homeowner and civic associations: • Neighborhood Advisory Council • Delray Citizens Coalition Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission of the amendment to Land Development Regulations, modifying Subsection 4.3.3(ZZZ), "Transient Residential Uses ", in order to clarify prohibitions, exemptions /exceptions, waivers, and penalties for same; and amending Appendix "A ", "Definitions", in order to amend the definition of "Transient Residential Uses, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). 2 Planning and Zoning Board Meeting, September 24, 2012 LDR Amendment — Transient Residential Uses C. Move a recommendation of denial to the City Commission of the amendment to Land Development Regulations, modifying Subsection 4.3.3(ZZZ), "Transient Residential Uses ", in order to clarify prohibitions, exemptions/exceptions, waivers, and penalties for same; and amending Appendix "A ", "Definitions ", in order to amend the definition of "Transient Residential Uses, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M) (motion to be made in the affirmative). RECOMMENDED ACTION.. Recommend approval to the City Commission of the amendment to Land Development Regulations, modifying Subsection 4.3.3(ZZZ), "Transient Residential Uses ", in order to clarify prohibitions, exemptions/exceptions, waivers, and penalties for same; and amending Appendix "A °, "Definitions ", in order to amend the definition of "Transient Residential Uses, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). Attachment: Proposed Ordinance 3 MEMORANDUM TO: Mayor and City Commissioners FROM: Ronald Hoggard, AICP, Principal Planner Paul Dorling, AICP, Director Planning and Zoning THROUGH: City Manager DATE: October 31, 2012 SUBJECT: AGENDA ITEM 11.B. - REGULAR COMMISSION MEETING OF NOVEMBER 6, 2012 ORDINANCE NO. 41 -12 (FIRST READING /FIRST PUBLIC HEARING) ITEM BEFORE COMMISSION Consideration of a privately- initiated rezoning from POC (Planned Office Center) to SAD (Special Activities District) for Delray Place, located at the southeast corner of Linton Boulevard and South Federal Highway (1801 and 1845 South Federal Highway). BACKGROUND The 9.95 acre property was originally annexed into the City of Delray Beach in the early 1980's. The existing development on the property, which was constructed in 1983, is known as the Old Harbor Office and Bank Facility, and consists of 96,702 square feet of office use in three buildings. In 1991, the City of Delray Beach adopted new Land Development Regulations and the property was assigned the new zoning designation of POC (Planned Office Center), which was consistent with the existing office development. A policy requiring that a redevelopment plan be prepared for South Federal Highway was added to the Comprehensive Plan in Amendment 2008 -1, adopted on December 9, 2008. In March of 2011, staff attended two public workshops with property owners, residents and business owners in the area to discuss existing conditions, identify problems and listen to what the attendees had to say about how the area should be redeveloped. After the initial workshops, staff prepared a series of recommendations for the redevelopment area and held a second set of two workshops in June of 2011 to discuss the recommendations and get feedback from the attendees. Staff presented two alternatives for the redevelopment of the subject property at these workshops. One alternative was to rezone the property to PC (Planned Commercial) to allow development of a commercial shopping center. The second alternative was to rezone the property to AC (Automotive Commercial) to allow development of an automobile dealership. Staff's recommendation was for the Planned Commercial alternative and the response from residents was generally favorable, although some residents felt that the area was better suited for automobile sales, which they also felt would be less impacting to the adjacent neighborhood. The property was acquired by the current owner in September, 2011, and an application to initiate a Future Land Use Map amendment and a zoning change to PC (Planned Commercial) was submitted on January 6, 2012. Since the proposal was in keeping with staff's recommendation, the application was supported by staff. However, residents were concerned that the redevelopment of the property would not have to comply with buffering and setback provisions which had been previously presented for inclusion in the redevelopment plan, and felt that action on the proposal should be delayed until the Plan was completed. Ultimately, the application was continued for a period of up to six months at the public hearing on the ordinance by the City Commission on April 3, 2012. This continuance was to give the applicant time to address the concerns of the residents of the adjacent neighborhood to the east. Since the residents' concerns were mostly site development issues related to building size, setbacks, location of service areas, and buffering, an alternative rezoning to SAD (Special Activities District) was also discussed. This zoning district requires that a site plan be included as part of the rezoning action and would provide a higher level of comfort to the adjacent residents. The South Federal Highway Redevelopment Plan was adopted by the City Commission on September 20, 2012. The Plan recommended that the subject property retain its original POC zoning with the option for a privately- initiated rezoning by the property owners to SAD. Since the original rezoning application was submitted prior to adoption of the Redevelopment Plan, the current proposal for redevelopment of the subject property is not required to comply with the Redevelopment Plan per se. However, it is noted that the underlying issue of compatibility with the adjacent residential neighborhood, discussed in the Redevelopment Plan, must still be addressed during consideration of the project proposal. If the current rezoning action does not go forward, any future redevelopment of the subject property will be required to comply with the Redevelopment Plan. On August 21, 2012, the City Commission approved the applicant's request for up to an additional 6 months (in addition to the 6 months previously granted) to submit a privately sponsored rezoning from POC (Planned Office Center) to SAD (Special Activities District) for the subject property. The applicant amended the rezoning application on September 7, 2012 to request SAD zoning. The SAD rezoning process is shown below: 1. Planning and Zoning Board review of the SAD and a recommendation made to the City Commission; 2. First reading of the SAD Rezoning Ordinance by the City Commission; 3. Review of the site plan by the Site Plan Review and Appearance Board; and 4. Second and final reading of the SAD Rezoning Ordinance, which will include the approved site plan, by the City Commission. Development Proposal & Site Plan Issues A complete analysis of the required findings for the rezoning and the site plan can be found in the attached Planning and Zoning Board Staff Report. A synopsis of the major issues is included below: Staff continues to support the property owner's proposal to redevelop the site as a high end shopping center, subject to the site plan adequately addressing the development's compatibility with adjacent residential development, and feels that a major retail center at this corner will anchor the South Federal Highway Redevelopment Area and encourage additional redevelopment. The POC zoning designation currently assigned to the property may have been adequate in the past, but office use at this location now represents an economically infeasible use of the property and current market trends indicate that a zoning designation which permits commercial development is more appropriate. Much of the office space in this project is currently vacant and the demand for office space has been marginal in this area. The City is currently promoting office development in the downtown area and in the "Innovation Corridor" along Congress Avenue in the MROC (Mixed Residential, Office and Commercial) zoning district. It would be better if this site did not compete with those initiatives. The proposed SAD zoning designation will allow development of a major commercial shopping center at this location. Since the site plan for the project will be included in the rezoning ordinance, compatibility with the adjacent Tropic Isles single - family residential development to the east must be assured at the time of rezoning. It is not unusual for commercially zoned property to directly abut single- family residential development. Properly designed shopping centers can and do exist adjacent to residential development throughout the City. Residential and general commercial uses can be compatible and complimentary in that the commercial uses provide necessary goods and services for residential neighborhoods and the residents provide the market base to support the commercial uses. Key issues that need to be addressed to ensure compatibility include the mix of uses, the level of intensity and appropriate buffering. Unfortunately, as discussed below, the currently proposed site plan for Delray Place does not adequately address these issues. Due to the excessive amount of building area, the proposed site plan does not meet the minimum open space requirements or provide adequate parking for the proposed uses. Nor is there room to provide adequate buffering in some areas. These issues, which are identified in Appendix "B" of the attached Planning and Zoning Board Staff Report, have been discussed with the applicant over a more than 6 month period. The applicant's response to these concerns is that the overall building area cannot be reduced without rendering the entirety of the project economically infeasible, and that relief will be sought. As stated earlier, a commercial shopping center is the best use of this property, but not at the level of intensity proposed. For comparison purposes, the intensity of other Delray Beach commercial shopping centers on South Federal Highway and Linton Boulevard was reviewed, and the level of intensity proposed for Delray Place (current proposed Floor Area Ratio (FAR) is 0.32) significantly exceeds that of these other centers. At a more consistent FAR of 0.24, the total building area of Delray Place would be reduced to approximately 104,000 square feet. The least open space provided in the alternative scenarios included on the site plan is 16.2 %, while 25% is required. If a reduction of 34,000 of building floor area was moved to open space, the total open space would be increased to 24.1% and the total parking requirement reduced to 416 spaces, as opposed to the 552 spaces required with the current plan (444 spaces provided). A subsequent reduction in parking from 444 to 416 spaces would increase open space to the required 25 %. A reduction in building intensity and subsequent increase in open space would also allow buffering to be better addressed. The proposed site plan has a much greater impact on the adjacent residential neighborhood to the east than the current office development, especially as it relates to the adjacent single family lots on McCleary Street. The extreme length of the proposed buildings with limited buffering in this area is a concern. Except for the lower connections between buildings, the (5) interconnected 600 to 1000 Buildings present a continuous 700+ feet long, 22 feet high wall located 15 feet from the rear property line of the single family houses. Architecturally, the essentially blank wall of the south elevation of these buildings is reminiscent of a self - storage facility. The 15' setback with 10' of landscaped area is not large enough to adequately buffer the back of these buildings. The closeness of the loading areas for the 500 Buildings is also a concern. Even though the loading docks are enclosed, trucks backing into these spaces will generate noise. An increase in the buffers at these locations is appropriate. Staff reviewed the applicant's site plan submittal for compliance with the Land Development Regulations. Although revised site plans have not been submitted, the applicant has submitted responses indicating how each comment will be addressed. Staff's comments and the applicant's responses are included as Appendix `B" in the attached Planning and Zoning Board Staff Report. These items must be addressed prior to scheduling review by the Site Plan Review and Appearance Board. From staff's review of the proposed site plan and applicant's responses, it was determined that one variance and five waivers will be required. These include the following: 1. A variance to the 25% open space required (16.2% provided) required by LDR Section 4.3.4(K); 2. A waiver for pavement encroachment into the required 15' perimeter setback for the SAD district. Pursuant to LDR Section 4.4.25(D), "Within the front and any street side setback, the fifteen foot (15') setback area shall be a landscape area and no pavement shall be allowed therein except for pedestrian ways and driveways (or streets) which provide access to the property and which are generally perpendicular to the abutting street." 3. A waiver to LDR Section 4.3.4(H)(6)(b), Special Landscape Setbacks, requiring a 25 foot landscape buffer along South Federal Highway. 4. A waiver to LDR Section 4.3.4(H)(6)(b), Special Landscape Setbacks, requiring a special landscape area at the smaller distance of either 30' or 10% of the average depth of the property along Linton Boulevard. 5. A waiver to LDR Section 4.6.9(13)(3)(c), Stacking Distance, requiring a stacking distance of 50 feet between a right -of -way and the first parking space or aisleway in a parking lot. 6. A waiver to LDR Section 4.6.16(H)(3)(i), requiring, landscape islands which contain a minimum of one hundred thirty -five (13 5) square feet of planting area, with a minimum dimension of nine (9) feet, exclusive of the required curb, to be placed at intervals of no less than one landscaped island for every thirteen (13) standard parking spaces or fifteen (15) compact parking spaces. Final approval of the rezoning to SAD will require the inclusion of an approved site plan in the SAD rezoning ordinance. The Site Plan must be approved by the Site Plan Review and Appearance Board ( SPRAB) prior to the second and final reading of the SAD rezoning ordinance. However, if the site plan is not approved by SPRAB, an appeal must be approved by the City Commission, overturning the SPRAB decision, prior to second and final reading of the SAD rezoning ordinance. Since a rezoning to SAD is linked to a site plan at the time of rezoning, the specific uses are known and compatibility with adjacent and nearby land uses can be assured at that time. This is a unique situation which only occurs with this zoning district. Staff supports SAD zoning at this location, because of this uniqueness. The SAD can be tailored to the situation, allowing both appropriate and compatible commercial development. With this in mind, the compatibility of SAD zoning is entirely dependent on the SAD rezoning ordinance and the associated site plan. As stated earlier in this report, staff does not feel that the proposed site plan for this project is compatible with the surrounding area. The intensity is just too high to allow adequate open space and buffering. The applicant's response is that a reduction in intensity will make the project economically infeasible; relief will be sought to address LDR compliance; and in some cases, the applicant maintains that no relief is required for the SAD district. Since this response does not address the underlying concern with respect to the development intensity depicted on the proposed site plan, a positive finding of compatibility with respect to Section 3.2.2 cannot be made. Parking: Pursuant to LDR Section 4.4.25(E)(1), "Parking and loading requirements (number of spaces) shall be as set forth on the site and development plan." However, the parking requirement for shopping centers of this size is typically 4 spaces per 1,000 square feet in the City [LDR Section 4.6.9(C)(3)(e).] The proposed site plan shows a substantial reduction (19.7 %) from this requirement with a deficit of 109 spaces. While a waiver is not required, the number of spaces must be adequate to support the proposed development. Therefore, a parking study must be provided to support this reduction. Additionally, with respect to parking balance, the spaces provided for the buildings along Linton Boulevard have a 28% deficit of 43 spaces from the typical shopping center requirements. Given that four of the five buildings in this area are labeled as potential restaurants, this is a concern. In fact, the number of potential restaurants in the entire shopping center is a concern. Given the limited parking, a reduction in the number of restaurants should be considered. SAD Rezoning Ordinance: The applicant submitted a revised SAD Rezoning Ordinance (attached) in response to staff comments. While the revised ordinance does address most of staff's concerns with the previous version, it still needs to be revised. At a minimum, the Ordinance should include the following items: 1. A list of the uses allowed within the SAD and the maximum intensity (square footage) of each use. These uses can be general use categories such as retail, restaurant, services, office, etc. 2. Specific items which will ensure compatibility with the adjacent residential development should be listed, such as limiting hours of delivery and service at the rear of the buildings. REVIEW BY OTHERS At its meeting of October 15, 2012, the Planning and Zoning Board held a public hearing associated with the rezoning from POC (Planned Office Center) to SAD (Special Activities District). Staff presented its analysis of the applicant's submittal, including the proposed site plan for the project, and recommended that the Board move a recommendation of denial based on a failure to make positive findings with respect to LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions) and LDR Section 2.4.5(D)(5)(Rezoning Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan, due to the inability to make positive findings with respect to compatibility with surrounding development. Note: the complete analysis is included in the attached Planning and Zoning Board Staff Report. The applicant made a presentation of the proposal and members of the public spoke on this agenda item —both in favor of and in opposition to the proposed rezoning. After a discussion, the Board recommended approval of the proposal on a 4 -3 vote. The development proposal is not within a geographical area requiring review by the DDA (Downtown Development Authority) or CRA (Community Redevelopment Agency). Courtesy Notices: A special courtesy notice was provided to the following homeowners and/or civic organizations: • Neighborhood Advisory Council • Delray Citizen's Coalition • Tropic Isle Civic Association • Banyan Tree Village • Domain Delray • Harbour's Edge • Harbourside Public Notices: • Linton Woods • Pelican Pointe • Pelican Harbor • Spanish Trail Condo • Tropic Bay • Tropic Harbor Formal public notice has been provided to property owners within a 500' radius of the subject property. The letters and emails received to date are attached to this staff report. Other letters of objection and /or support, if any, will be presented at the City Commission meeting. RECOMMENDATION Although the Planning and Zoning Board recommended approval, staff recommends that the City Commission deny Ordinance No. 41 -12 for rezoning from POC (Planned Office Center) to SAD (Special Activities District) for Delray Place, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is inconsistent with the Comprehensive Plan, and does not meet the criteria set forth in Sections 2.4.5(D)(5), 3.1.1, and 3.2.2 of the Land Development Regulations. ORDINANCE NO. 41 -12 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED PLANNED OFFICE CENTER (POC) DISTRICT TO SPECIAL ACTIVITIES DISTRICT (SAD); SAID LAND BEING LOCATED AT THE SOUTHEAST CORNER OF LINTON BOULEVARD AND SOUTH FEDERAL, HIGHWAY, AS MORE PARTICULARLY DESCRIBED HEREIN; ESTABLISHING THE USES AND REGULATIONS FOR THE SUBJECT PROPERTIES UNDER THE SAD ZONING; AMENDING THE "ZONING MAP OF DELRAY BEACH, FLORIDA, JANUARY 2012 "; AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 4.4.25(G), "S.A.D.S ", TO ADD SUBSECTION (11), "DELRAY PLACE" TO THE LIST OF APPROVED S.A.D.S; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, Delray Place, LLC is the fee simple owner ( "Owner ") of the subject property as more particularly described herein; and WHEREAS, the subject property hereinafter described is within the corporate limits of the City of Delray Beach, Florida; and WHEREAS, the subject property hereinafter described presently has a Future Land Use Map (FLUM) designation of TRN (Transitional); and WHEREAS, pursuant to LDR Section 2.2.2(E)(6), the Planning and Zoning Board for the City of Delray Beach, as local planning agency held a public hearing and considered the subject matter at its meeting of October 15, 2012 and voted 4 to 3, to recommend that the requests be approved, based upon positive findings; 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 changes are consistent with 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 ORD. NO. 41 -12 CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That the subject property affected by this ordinance is described as Exhibit "A„ Section 3. That the subject property described in Section 2, above, shall be rezoned from Planned Office Center (POC) to Special Activities District (SAD) and the City's Zoning Map shall be amended accordingly. Section 4. That the development of the subject property described in Section 2, above, and the uses approved therein, shall be in accordance with the site plan and development plans known as Delray Place as approved by the Site Plan Review and Appearance Board or City Commission. Section 5. That any future requested Class I or Class II modification to the site plan or development plans which does not seek to increase overall project size or height shall be processed as a site plan modification reviewed either administratively or by the Site Plan Review and Appearance Board, in the sole discretion of the City, and shall not be considered an amendment to this ordinance such as would otherwise require compliance with public notice and hearing procedures for rezoning ordinances. Section 6. That the City Commission hereby recognizes that specific tenants of the project have distinctive, nationally recognized branding identities, established through unique aesthetic design features associated with their business and commonly referred to as "Trade Dress;" and that any modification to the approved architectural elevations for the project which seeks to incorporate a nationally recognized tenant's established "Trade Dress" shall be processed as Class I or Class II site plan modification reviewed either administratively or by the Site Plan Review and Appearance Board, in the sole discretion of the City, and shall not be considered an amendment to this ordinance such as would otherwise require compliance with public notice and hearing procedures for rezoning ordinances. Section 7. That Section 4.4.25(G), "S.A.D.s ", of the Land Development Regulations of the City of Delray Beach, Florida, is hereby amended to add Subsection (11), (11) Delray Place, Ordinance 41 -12. Section 8. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 9. That should any section or provision of this ordinance or any portion ORD. NO. 41 -12 thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 10. That this ordinance shall become effective immediately upon its passage on the second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of 12012. ATTEST: City Clerk First Reading Second Reading MAYOR ORD. NO. 41 -12 EXHIBIT "A" PARCEL A ALL OF OLD HARBOR OFFICE AND BANK FACILITY, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 42, PAGE 61, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. LESS AND EXCEPT THEREFROM THAT PARCEL OF LAND DESCRIBED AS PARCEL 103 IN THAT ORDER OF TAKING ON PALM BEACH COUNTY PETITION FILED IN PALM BEACH COUNTY CIRCUIT COURT UNDER CASE NO. CL99 -229AN AND RECORDED MARCH 30, 1999 IN OFFICIAL RECORDS BOOK 11016, PAGE 226, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: A PARCEL OF LAND LYING IN SECTION 28, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THAT PORTION OF THE PLAT OF OLD HARBOR OFFICE AND BANK FACILITY, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 42, PAGE 61, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID PLAT; THENCE NORTH 89 DEGREES 47 MINUTES 57 SECONDS EAST, ALONG THE NORTHERLY BOUNDARY LINE OF SAID PLAT, A DISTANCE OF 25.00 FEET; THENCE SOUTH 57 DEGREES 26 MINUTES 45 SECONDS WEST, A DISTANCE OF 42.24 FEET TO A POINT ON THE WESTERLY BOUNDARY LINE OF SAID PLAT AND ON THE ARC OF A CIRCULAR CURVE TO THE RIGHT, WHERE THE RADIAL LINE BEARS SOUTH 65 DEGREES 17 MINUTES 42 SECONDS EAST; THENCE NORTHEASTERLY ALONG SAID WESTERLY BOUNDARY LINE AND THE ARC OF SAID CURVE, HAVING A RADIUS OF 1850.08 FEET AND A CENTRAL ANGLE OF 00 DEGREES 47 MINUTES 27 SECONDS, A DISTANCE OF 25.00 FEET TO THE POINT OF BEGINNING. 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F c � 3 ¢ JR a Yo >g as y It AM R kit M m. PLANNING AND ZONING BOARD CITY OF DELRAY BEACH -- -STAFF REPORT - -- MEETING DATE: October 15, 2012 ITEM: VI. B. Privately initiated rezoning from POC (Planned Office Center) to SAD (Special Activities District) for the property located at the southeast corner of Linton Boulevard and South Federal Highway (1801 and 1845 South Federal Highway). Quasi - Judicial Hearing. GENERAL DATA: Agent ..... ............................... Weiner, Lynne & Thompson, P.A. Location ....... ............................... Southeast corner of Linton Boulevard and Federal Highway (1801 and 1845 South Federal Highway) Property Size .............................. 9.95 acres Existing FLUM ........................... TRN (Transitional) Current Zoning ............................ POC (Planned Office Center) Proposed Zoning ........................ SAD (Special Activities District) Adjacent Zoning ................North: PC (Planned Commercial) and RM (Multiple Family Residential - Medium Density) East: R- 1 -AA -B (Single Family Residential) And CD (Conservation District) South: PC (Planned Commercial); RM (Multiple Family Residential- Medium Density); R- 1 -AA -B (Single Family Residential. West: PC (Planned Commercial) Existing Land Use ..................... Proposed Land Use .................. Water Service ....................... Old Harbor Office and Bank Facility Multiple building commercial shopping center development Available via connection to a 12" water main located on the east side of S. Federal Hwy., a 10" water main on Eve Street, and a 6" water main on the south side of Linton Boulevard. Sewer Service ........................ Available via connection to a 8" sewer main located on Eve Street. ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission on a privately initiated rezoning from POC (Planned Office Center) to SAD (Special Activities District) for the property located at the southeast corner of Linton Boulevard and South Federal Highway (1801 and 1845 South Federal Highway). Pursuant to Section 2.2.2(E)(6) of the Land Development Regulations, the Planning and Zoning Board shall review and make a recommendation to the City Commission with respect to the rezoning of any property within the City. BACKGROUND The subject property is located at the southeast corner of Linton Boulevard and South Federal Highway and is approximately 9.95 acres in size. The existing development, known as the Old Harbor Office and Bank Facility, consists of 96,702 square feet of office use in three buildings: two multiple -story office buildings (one located to the north of the property and the other to the south), and a one -story office building located on the east side of the property along Linton Boulevard. The property was originally annexed into the City of Delray Beach from unincorporated Palm Beach County in the early 1980's. The property was originally assigned the Future Land Use Map designation of Transitional (TRN) and a zoning of SAD (Special Activities District). The three office buildings and associated parking were constructed in 1983. In 1991, the City of Delray Beach adopted new Land Development Regulations and the property was assigned the new zoning designation of POC (Planned Office Center), which was consistent with the existing office development. The Future Land Use Map Designation of TRN (Transitional) was retained. In 2008, as the country was heading into an economic recession, city leaders saw how volatile the automotive industry had become and became concerned that the large amount of automotive dealerships on South Federal Highway would not be sustainable in the long term. If the industry imploded and dealers began to withdraw from the area, there would be a major economic impact on the corridor and the City as a whole. The City Commission wanted the area to be evaluated and a Plan prepared that would help the area to become more sustainable. A Policy dealing with South Federal Highway was added to the Comprehensive Plan in Amendment 2008 -1, adopted on December 9, 2008. Following a series of visits to the area to collect land use and environmental data, staff attended two public workshops with property owners, residents and business owners in the area to discuss existing conditions, identify problems and listen to what the attendees had to say about how the area should be redeveloped. These workshops occurred in March of 2011, and those people who attended the workshops were enthusiastic and generally supportive of the planning effort. After the initial workshops, staff prepared a series of recommendations for the redevelopment area and held a second set of two workshops in June of 2011 to discuss the recommendations and get feedback from the attendees. Staff presented two alternatives for the redevelopment of the subject property at these workshops. One alternative was to rezone the property to PC (Planned Commercial) to allow development of a commercial shopping center. The second alternative was to rezone the property to AC (Automotive Commercial) to allow development of an automobile dealership. The Future Land Use Map amendment would be required in either Planning & Zoning Board Staff Report - Meeting of October 15, 2012 Delray Place - Rezoning to SAD Page 2 case. Staff's recommendation was for the Planned Commercial alternative and the response from residents was generally favorable, although some residents felt that the area was better suited for automobile sales, which they also felt would be less impacting to the adjacent neighborhood. The property was acquired by the current owner in September, 2011, and an application to initiate a Future Land Use Map amendment and a zoning change to PC (Planned Commercial) was submitted on January 6, 2012. Since the proposal was in keeping with staff's recommendation, the application was supported by staff. However, residents were concerned that the redevelopment of the property would not have to comply with buffering and setback provisions which had been previously presented for inclusion in the redevelopment plan, and felt that action on the proposal should be delayed until the Plan was completed. Ultimately, the application was continued for a period of up to six months at the public hearing on the ordinance by the City Commission on April 3, 2012. This continuance was to give the applicant time to address the concerns of the residents of the adjacent neighborhood to the east. Since the residents' concerns were mostly site development issues related to building size, setbacks, location of service areas, and buffering, an alternative rezoning to SAD (Special Activities District) was also discussed. This zoning district requires that a site plan be included as part of the rezoning action and would provide a higher level of comfort to the adjacent residents. At its meeting of July 16, 2012, the Planning and Zoning Board held a public hearing on the proposed South Federal Highway Redevelopment Plan. Staff presented the Plan and several members of the public spoke about the various components of the Plan, including the proposed rezonings, the maximum tenant size, buffer requirements and restrictions on the west side of South Federal Highway. The Planning and Zoning Board recommended approval of the Redevelopment Plan with a number of recommended changes, including that rezoning of the subject property be limited to SAD. The Plan was amended to retain the original POC zoning with the option for a privately- initiated rezoning by the property owners to SAD. The Plan was adopted by the City Commission on September 20, 2012. Since the original rezoning application was submitted prior to adoption of the Redevelopment Plan, the current proposal for redevelopment of the subject property is not required to comply with the Redevelopment Plan per se. However, it is noted that the underlying issue of compatibility with the adjacent residential neighborhood, discussed in the Redevelopment Plan, must still be addressed during consideration of the project proposal. If the current rezoning action does not go forward, any future redevelopment of the subject property will be required to comply with the Redevelopment Plan. On August 21, 2012, the City Commission approved the applicant's request for up to an additional 6 months (in addition to the 6 months previously granted) to submit a privately sponsored rezoning from POC (Planned Office Center) to SAD (Special Activities District) for the subject property. The applicant amended the rezoning application on September 7, 2012 to request SAD zoning. The SAD rezoning process is shown below: 1. Planning and Zoning Board review of the SAD and a recommendation made to the City Commission; 2. First reading of the SAD Rezoning Ordinance by the City Commission; 3. Review of the site plan by the Site Plan Review and Appearance Board; and 4. Second and final reading of the SAD Rezoning Ordinance, which will include the approved site plan, by the City Commission. Planning & Zoning Board Staff Report - Meeting of October 15, 2012 Delray Place - Rezoning to SAD Page 3 REZONING ANALYSIS REQUIRED FINDINGS (Chapter 3): Pursuant to LDR Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body, which has the authority to approve or deny the development application. These findings relate to the following four areas. Future Land Use Map: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. The subject property has a Future Land Use Map (FLUM) designation of TRN (Transitional) and the proposed zoning designation is SAD (Special Activities District). Pursuant to the Land Use Designation /Zoning Matrix (Table L -7, Future Land Use Element), SAD Zoning is consistent with any land use designation on the Future Land Use Map. Pursuant to LDR Section 4.4.25(A) "Purpose and Intent" for the SAD zoning district, "While SAD zoning is deemed consistent with any land use designation on the Future Land Use Map, the uses allowed within a specific SAD shall be consistent with the land use category shown on the Future Land Use Map. The uses, activities, and characteristics of a SAD are to be consistent with the Comprehensive Plan, suitable and compatible with surrounding existing developments, and with the proposed character of the area. " Pursuant to LDR Section 4.4.25(B)(1), "Allowed Uses and Structures ", all uses which are to be allowed in a particular SAD shall be established at the time of establishment of the SAD zoning designation through inclusion in the rezoning ordinance. Additional uses may be allowed after review and recommendation by the Planning and Zoning Board and approval by ordinance of the City Commission. The proposed SAD rezoning ordinance, prepared by the applicant, must be amended to incorporate a list of the uses allowed within the SAD and the maximum intensity (square footage) of each use. These uses can be general use categories such as retail, restaurant, services, office, etc. Based upon the above, it is appropriate to make a positive finding with respect to consistency with the Future Land Use Map designation. CONCURRENCY: Pursuant to Section 3.1.1(B), Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. As described in Appendix "A ", a positive finding of concurrency can be made as it relates to water and sewer, streets and traffic, drainage, parks and recreation, open space, and solid waste. CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required findings in LDR Section 2.4.5(D)(5) for the Rezoning request shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objective and policy were found: Planning & Zoning Board Staff Report - Meeting of October 15, 2012 Delray Place - Rezoning to SAD Page 4 Future Land Use Element Objective A -1: Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate in terms of soil, topographic and other applicable physical considerations, is complimentary to adjacent land uses and fulfills remaining land use needs. Since the subject property is already developed, soil, topographic and other applicable physical considerations do not have an impact on the appropriate development intensity. Ensuring that the proposed development will be complimentary to adjacent land uses and fulfill remaining land use needs is discussed below. Due to its close proximity to Interstate 95 and the Linton Boulevard Interchange, the Federal Highway / Linton Boulevard intersection is a prime location for destination shopping for goods and services. Commercial activity in Delray Beach has greatly expanded and this intersection has become a robust commercial hub. There are major developments on all four corners of the intersection: the Plaza at Delray Shopping Center at the northwest corner; the Old Harbour Plaza at the northeast corner; the Linton Tower and SunTrust Bank development at the southwest corner; and the Old Harbor Office and Bank Facility on the subject property at the southeast corner. While the subject property is zoned POC (Planned Office Center), all three of the other corners are zoned PC (Planned Commercial). Staff continues to support the property owner's proposal to redevelop the site as a high end shopping center, subject to the site plan adequately addressing the development's compatibility with adjacent residential development, and feels that a major retail center at this corner will anchor the South Federal Highway Redevelopment Area and encourage additional redevelopment. The POC zoning designation currently assigned to the property may have been adequate in the past, but office use at this location now represents an economically infeasible use of the property and current market trends indicate that a zoning designation which permits commercial development is more appropriate. Much of the office space in this project is currently vacant and the demand for office space has been marginal in this area. The City is currently promoting office development in the downtown area and in the "Innovation Corridor' along Congress Avenue in the MROC (Mixed Residential, Office and Commercial) zoning district. It would be better if this site did not compete with those initiatives. The proposed SAD zoning designation will allow development of a major commercial shopping center at this location. Since the site plan for the project will be included in the rezoning ordinance, compatibility with the adjacent Tropic Isles single - family residential development to the east must be assured at the time of rezoning. It is not unusual for commercially zoned property to directly about single - family residential development. Properly designed shopping centers can and do exist adjacent to residential development throughout the City. Residential and general commercial uses can be compatible and complimentary in that the commercial uses provide necessary goods and services for residential neighborhoods and the residents provide the market base to support the commercial uses. Key issues that need to be addressed to ensure compatibility include the mix of uses, the level of intensity and appropriate buffering. Unfortunately, as discussed below, the currently proposed site plan for Delray Place does not adequately address these issues. Due to the excessive amount of building area, the proposed site plan does not meet the minimum open space requirements or provide adequate parking for the proposed uses. Nor is there room to provide adequate buffering in some areas. These issues, which are identified in the attached technical comments in Appendix "B ", have been discussed with the applicant over a more than 6 month period. The applicant's response to these concerns is that the overall building area cannot be reduced without rendering the entirety of the project economically infeasible, and that relief will be sought. As stated earlier, a commercial shopping center is the best use of this property, but not at the level of intensity proposed. For comparison purposes, Planning & Zoning Board Staff Report - Meeting of October 15, 2012 Delray Place - Rezoning to SAD Page 5 the intensity of other Delray Beach commercial shopping centers on South Federal Highway and Linton Boulevard were reviewed. As shown in the table below, the level of intensity proposed for Delray Place significantly exceeds that of these other centers. At a more consistent FAR of 0.24, the total building area of Delray Place would be reduced to approximately 104,000 square feet. The least open space provided in the alternative scenarios included on the site plan is 16.2 %, while 25% is required. If a reduction of 34,000 of building floor area was moved to open space, the total open space would be increased to 24.1 % and the total parking requirement reduced to 416 spaces, as opposed to the 552 spaces required with the current plan (444 spaces provided). A subsequent reduction in parking from 444 to 416 spaces would increase open space to the required 25 %. A reduction in building intensity and subsequent increase in open space would also allow buffering to be better addressed. As noted in the technical comments, the proposed site plan has a much greater impact on the adjacent residential neighborhood to the east than the current office development, especially as it relates to the adjacent single family lots on McCleary Street. The extreme length of the proposed buildings with limited buffering in this area is a concern. Except for the lower connections between buildings, the (5) interconnected 600 to 1000 Buildings present a continuous 700+ feet long, 22 feet high wall located 15 feet from the rear property line of the single family houses. Architecturally, the essentially blank wall of the south elevation of these buildings is reminiscent of a self- storage facility. The 15' setback with 10' of landscaped area is not large enough to adequately buffer the back of these buildings. The closeness of the loading areas for the 500 Buildings is also a concern. Even though the loading docks are enclosed, trucks backing into these spaces will generate noise. An increase in the buffers at these locations is appropriate. This analysis is provided to show what the intensity of the project would have to be to comply with open space and parking requirements with little or no relief. This is not to say that the ultimate intensity cannot be approved above an FAR of 0.24. Maintaining economic feasibility is a concern and some relief may still be needed. Staff is concerned that the current proposal pushes the envelope too far to make a finding of compatibility with the neighborhood. Commercial Development Intensity Comparison Project Name Total Building Area Floor Area Ratio (Square Feet) (Total Building Area /Total Land Area) Delray Place 138,130 0.32 1801 -1845 South Federal Highway Plaza at Delray 293,327 0.19 1400 South Federal Highway Harbor Plaza 52,679 0.21 1725 South Federal Highway South Delray Shopping Center 91,402 0.24 3001 South Federal Highway Linton Center (Target) 206,008 0.24 1200 Linton Boulevard New Century Commons 89,164 0.23 500 Linton Boulevard Lavers International 88,376 0.24 660 Linton Boulevard Future Land Use Element Policy C -1.12: The following pertains to the South Federal Highway area, south of Linton Boulevard. In Fiscal Year 2010111, the City's Planning & Zoning Department shall review existing land uses in this area and shall create a redevelopment plan, overlay district or other development tool to promote and guide future redevelopment of the area. Planning & Zoning Board Staff Report - Meeting of October 15, 2012 Delray Place - Rezoning to SAD Page 6 The South Federal Highway Redevelopment Plan was adopted by the City Commission on September 20, 2012. Since the original rezoning application was submitted prior to adoption of the Redevelopment Plan, the current proposal for redevelopment of the subject property will not be required to comply with the Redevelopment Plan per se. However, if the current rezoning action does not go forward, any future redevelopment of the subject property will be required to comply with the Redevelopment Plan. It is noted that the Plan supports redevelopment of the subject property with a commercial shopping center development, subject to the site plan adequately addressing the development's compatibility with adjacent residential development, and recommends the option for a privately - initiated rezoning by the property owners to SAD. While the PC zoning district would have allowed the proposed uses, the SAD zoning district, with its required site plan, provides the mechanism to ensure compatibility at the time of rezoning. LDR SECTION 2.4.5(D)(5) - REZONING FINDINGS: Pursuant to LDR Section 2.4.5(D)(5), in addition to provisions of Chapter 3, the City Commission must make findings that the rezoning fulfills at least one of the reasons listed under Subsection (2): (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 Applicant submitted a statement and supporting documentation addressing this requirement, attached as Appendix "C ". The applicant's statement seeks to justify the rezoning based on all three of the reasons. Staff does not agree with the statement that the original zoning was established in error (item a), since the POC zoning was appropriate given the existing use of the property. The fact that the office development proved not to be economically sustainable and viable over time does not demonstrate an error, it reflects a change in circumstances (item b). Staff concurs that a rezoning to SAD is appropriate based on items "b" and "c" identified above, indicating that there has been a change in circumstances which make the current Planned Office Center (POC) zoning inappropriate. The property is bordered on three sides by commercial zoning districts. The long term operation of an office center (Old Harbor Office and Bank Facility) is less compatible than commercial uses given development that has occurred along both of these corridors, and is not sustainable based on market conditions. This change in circumstances supports the change to allow commercial development similar to the other three corners of the intersection. All zoning districts permitted within the TRN (Transitional) Future Land Use Map designation are subject to a maximum FAR of 1.00, and the proposed shopping center is significantly below that maximum level. Within the TRN designation, the SAD zoning district is the clear choice to allow development of a commercial center while ensuring compatibility with the adjacent residential neighborhood. 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. Planning & Zoning Board Staff Report - Meeting of October 15, 2012 Delray Place - Rezoning to SAD Page 7 Final approval of the rezoning to SAD will require the inclusion of an approved site plan in the SAD rezoning ordinance. The Site Plan must be approved by the Site Plan Review and Appearance Board (SPRAB) prior to the second and final reading of the SAD rezoning ordinance. However, if the site plan is not approved by SPRAB, an appeal must be approved by the City Commission, overturning the SPRAB decision, prior to second and final reading of the SAD rezoning ordinance. Staff reviewed the applicant's site plan submittal for compliance with the Land Development Regulations. Although revised site plans have not been submitted due to time constraints, the applicant has submitted responses indicating how each comment will be addressed. Staff's comments and the applicant's responses are attached as Appendix "B ". These items must be addressed prior to scheduling review by the Site Plan Review and Appearance Board. From staff's review of the proposed site plan and applicant's responses, it was determined that one variance and five waivers will be required. These include the following: A variance to the 25% open space required (16.2% provided) required by LDR Section 4.3.4(K); 2. A waiver for pavement encroachment into the required 15' perimeter setback for the SAD district. Pursuant to LDR Section 4.4.25(D), "Within the front and any street side setback, the fifteen foot (15) setback area shall be a landscape area and no pavement shall be allowed therein except for pedestrian ways and driveways (or streets) which provide access to the property and which are generally perpendicular to the abutting street." 3. A waiver to LDR Section 4.3.4(H)(6)(b), Special Landscape Setbacks, requiring a 25 foot landscape buffer along South Federal Highway. 4. A waiver to LDR Section 4.3.4(H)(6)(b), Special Landscape Setbacks, requiring a special landscape area at the smaller distance of either 30' or 10% of the average depth of the property along Linton Boulevard. 5. A waiver to LDR Section 4.6.9(D)(3)(c), Stacking Distance, requiring a stacking distance of 50 feet is required between a right -of -way and the first parking space or aisleway in a parking lot. 6. A waiver to LDR Section 4.6.16(H)(3)(i), requiring, landscape islands which contain a minimum of one hundred thirty -five (135) square feet of planting area, with a minimum dimension of nine (9) feet, exclusive of the required curb, to be placed at intervals of no less than one landscaped island for every thirteen (13) standard parking spaces or fifteen (15) compact parking spaces. Although relief can be sought for these identified deficiencies, the applicant maintains that relief is not required for many of the deficiencies due to language in Section 4.4.25(F), "Special Regulations" of the SAD zoning district, which states that any special regulations may be applied through the SAD review and approval process. The "Special Regulations" section is included in all zoning districts and is used to denote special requirements for each zoning district. All zoning districts must comply with the requirements in other sections of the LDRs unless specific provisions, which exempt the district from these requirements, are included in the zoning district. The applicant argues that the "Section F" language gives the unique ability to approve a deficient site plan without appropriate relief to other sections of the LDRs. This is not the case, and staff maintains that relief will be required for the items identified in the technical comments. An additional point of contention between staff and the applicant is related to relief for a deficiency in open space. Pursuant to Section 2.2.4(D), "Duties, Powers, and Responsibilities" of the Board of Adjustment, the Board has the authority to grant variances and hear appeals Planning & Zoning Board Staff Report - Meeting of October 15, 2012 Delray Place - Rezoning to SAD Page 8 from the provisions of the General Development Standards set forth in Section 4.3. Since required open space is included in Section 4.3.4 "Base District Development Standards" of the LDRs, relief to this section of the LDRs will require a variance. The applicant contends that relief from this section can be accomplished by a waiver. This issue will be needed to be resolved. Parking: Pursuant to LDR Section 4.4.25(E)(1), "Parking and loading requirements (number of spaces) shall be as set forth on the site and development plan." However, the parking requirement for shopping centers of this size is typically 4 spaces per 1,000 square feet in the City [LDR Section 4.6.9(C)(3)(e).] The proposed site plan shows a substantial reduction (19.7 %) from this requirement with a deficit of 109 spaces. While a waiver is not required, the number of spaces must be adequate to support the proposed development. Therefore, a parking study must be provided to support this reduction. Additionally, with respect to parking balance, the spaces provided for the buildings along Linton Boulevard have a 28% deficit of 43 spaces from the typical shopping center requirements. Given that four of the five buildings in this area are labeled as potential restaurants, this is a concern. In fact, the number of potential restaurants in the entire shopping center is a concern. Given the limited parking, a reduction in the number of restaurants should be considered. As noted elsewhere in this report, the major issue with the site plan is the level of intensity. There is a direct relationship and balance between building area, open space, and parking. When one component is out of balance, the other components are compromised. This is what is happening with the proposed site plan. The property is just not large enough to accommodate the proposed building area without sacrificing these other components. The result is a project that staff feels is not compatible with the surrounding area. This one issue also has a direct impact on many of the other technical comments identified by staff, such as an 8.8% deficiency in open space, a 19.7% deficiency in parking, failure to meet special landscape setbacks, and inadequate buffering of adjacent residential development. If the SAD rezoning moves forward from this point, the site plan must be modified or relief sought to address the technical comments attached in Appendix "B" prior to consideration by the Site Plan Review and Appearance Board. SAD Rezoning Ordinance: The applicant submitted a revised SAD Rezoning Ordinance (attached) in response to technical comments. Section 4 of the proposed Ordinance states the following: "That any future requested modification to the site plan or development plans which the City would customarily classify as a Class / or Class 11 site plan modification, or any requested amendment which does not change the approved uses, densities, intensities or height for the project, may be approved administratively consistent with the City's land development regulations existing as of the date of this ordinance and such modification shall not be deemed an "amendment" of this ordinance such as would otherwise require compliance with the public notice and hearing procedure." While this revised ordinance language does address some of staff's concerns with the previous version, it still needs to be revised. Up to this point, the rezoning process has been very inclusive and the developer has had extensive meetings with neighborhood residents to obtain support for this project. The City Commission's suggestion to consider SAD zoning instead of the previously requested PC zoning was specifically aimed at providing the adjacent neighborhood with a level of certainty of what to expect with redevelopment of the site. The SAD language, as proposed, could allow some site plan modifications, which directly impact the neighborhood to be approved administratively. This is in direct opposition to what the SAD Planning & Zoning Board Staff Report - Meeting of October 15, 2012 Delray Place - Rezoning to SAD Page 9 district was meant to achieve. At a minimum, the revised Ordinance should include the following items: 1. Some Class I and II Site Plan modifications require review by the Site Plan Review and Appearance Board and cannot be approved administratively. 2. All Site Plan modifications which directly impact the surrounding properties should go to the Site Plan Review and Appearance Board. These would involve buffering or changes to the rear of buildings adjacent to the neighborhood. 3. A list of the uses allowed within the SAD and the maximum intensity (square footage) of each use. These uses can be general use categories such as retail, restaurant, services, office, etc. 4. Changes of use or intensity will require modification of the SAD through the rezoning process. 5. Specific items which will ensure compatibility with the adjacent residential development should be listed, such as limiting hours of delivery and service at the rear of the buildings. Section 3.2.2 (Standards for Rezoning Actions): Standards "A ", "B ", "C ", and "E" are not applicable with respect to this rezoning request. An evaluation of the applicable standards is discussed below: Standard "D" requires 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 table identifies the zoning designations and uses that are adjacent to the subject property: Since a rezoning to SAD is linked to a site plan at the time of rezoning, the specific uses are known and compatibility with adjacent and nearby land uses can be assured at that time. This is a unique situation which only occurs with this zoning district. Staff supports SAD zoning at this location, because of this uniqueness. The SAD can be tailored to the situation, allowing both appropriate and compatible commercial development. With this in mind, the compatibility of SAD zoning is entirely dependent on the SAD rezoning ordinance and the associated site plan. As stated earlier in this report, staff does not feel that the proposed site plan for this project is compatible with the surrounding area. The intensity is just too high to allow adequate open space and buffering. The applicant's response is that a reduction in intensity will make the project economically infeasible; relief will be sought to address LDR compliance; and in some cases, the applicant maintains that no relief is required for the SAD district. Since this response does not address the underlying concern with respect to the development intensity depicted on the proposed site plan, a positive finding with respect to Section 3.2.2 cannot be made. Adjacent Zoning: Adjacent Land Uses: North PC (Planned Commercial) and RM Old Harbor Shopping Plaza and Harbors Edge (Multiple Family Residential) Multiple family Residential Development West PC (Planned Commercial) SunTrust Bank and Burger King East R- 1 -AA -B (Single Family Residential) and Tropic Isles Single Family Residential CD (Conservation District) Development South PC (Planned Commercial) & R- 1 -AA -B Tropic Square Shopping Center and Tropic Isles (Single Family Residential) Residential Development Since a rezoning to SAD is linked to a site plan at the time of rezoning, the specific uses are known and compatibility with adjacent and nearby land uses can be assured at that time. This is a unique situation which only occurs with this zoning district. Staff supports SAD zoning at this location, because of this uniqueness. The SAD can be tailored to the situation, allowing both appropriate and compatible commercial development. With this in mind, the compatibility of SAD zoning is entirely dependent on the SAD rezoning ordinance and the associated site plan. As stated earlier in this report, staff does not feel that the proposed site plan for this project is compatible with the surrounding area. The intensity is just too high to allow adequate open space and buffering. The applicant's response is that a reduction in intensity will make the project economically infeasible; relief will be sought to address LDR compliance; and in some cases, the applicant maintains that no relief is required for the SAD district. Since this response does not address the underlying concern with respect to the development intensity depicted on the proposed site plan, a positive finding with respect to Section 3.2.2 cannot be made. Planning & Zoning Board Staff Report - Meeting of October 15, 2012 Delray Place - Rezoning to SAD Page 10 REVIEW BY OTHERS The development proposal is not within a geographical area requiring review by the DDA (Downtown Development Authority) or CRA (Community Redevelopment Agency). Courtesy Notices: A special courtesy notice was provided to the following homeowners and /or civic organizations: • Neighborhood Advisory Council • Delray Citizen's Coalition • Tropic Isle Civic Association • Banyan Tree Village • Domain Delray • Harbour's Edge • Harbourside Public Notices: • Linton Woods • Pelican Pointe • Pelican Harbor • Spanish Trail Condo • Tropic Bay • Tropic Harbor Formal public notice has been provided to property owners within a 500' radius of the subject property. To date, three emails have been received and are attached to this staff report. Other letters of objection and /or support, if any, will be presented at the Planning and Zoning Board meeting. ASSESSMENT AND CONCLUSION The requested rezoning from Planned Office Center (POC) to Special Activities District (SAD), for the subject property is to allow development of the property as a commercial shopping center. Positive findings cannot be made with respect to LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions) and LDR Section 2.4.5(D)(5)(Rezoning Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan due to the inability to make positive findings with respect to compatibility with surrounding development. RECOMMENDED ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission for the privately- initiated rezoning from POC (Planned Office Center) to SAD (Special Activities District) for Delray Place, 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 LDR Sections 3.1.1 (Required Findings), 3.2.2 (Standards for Rezoning Actions), and 2.4.5(D)(5)(Rezoning Findings), with the condition that the site plan be modified and /or relief be sought to address the technical comments attached in Appendix "B" prior to review by the Site Plan Review and Appearance Board. C. Move a recommendation of denial to the City Commission for the privately- initiated rezoning from POC (Planned Office Center) to SAD (Special Activities District) for Delray Place, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Sections 3.1.1 (Required Findings), 3.2.2 (Standards for Rezoning Actions), and 2.4.5(D)(5)(Rezoning Findings). Planning & Zoning Board Staff Report - Meeting of October 15, 2012 Delray Place - Rezoning to SAD Page 11 STAFF RECOMMENDATIONS Move a recommendation of denial to the City Commission for the privately- initiated rezoning from POC (Planned Office Center) to SAD (Special Activities District) for Delray Place, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Sections 3.1.1 (Required Findings), 3.2.2 (Standards for Rezoning Actions), and 2.4.5(D)(5)(Rezoning Findings). (Motion to be made in the affirmative) Attachments: • Location Map • Existing Zoning Map • Proposed Zoning Map • Reduced Plans • SAD Rezoning Ordinance • ULI Report - Ten Principals for Rebuilding Neighborhood Retail • Public comments on the project via email Planning & Zoning Board Staff Report - Meeting of October 15, 2012 Delray Place - Rezoning to SAD Page 12 APPENDIX "A" CONCURRENCY FINDINGS Pursuant to Section 3.1.1(B), Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. Water and Sewer: The site is already served by water and sewer service. Municipal water service is available via connection to a 12" water main located the east side of S. Federal Hwy., a 10" water main on Eve Street, and a 6" water main on the south side of Linton Boulevard. Fire protection is provided by two fire hydrants located on the south side of Linton Boulevard and one along the north side of Eve Street. Additional fire hydrants may be required and this was noted in the Fire Department's technical comments. Sewer service is available to the site via connection to an existing 8" sewer main which is located along on Eve Street. On site sewer main improvements will be considered as part of the site development approval process. Pursuant to the Comprehensive Plan, treatment capacity is available at the South Central County Waste Water Treatment Plant for the City at build -out. The Comprehensive Plan also states that adequate water and sewer treatment capacity exists to meet the adopted LOS at the City's build -out population based on the current Future Land Use Map. Thus, a positive finding with respect to this level of service standard can be made. Streets and Traffic: A traffic analysis report for the proposed development was prepared by Traf Tech Engineering. The traffic report determined that the proposed redevelopment will generate a net increase of 3,262 Average Daily Trips (ADT), with a net reduction of 82 A.M. peak hour trips, and a net increase of 316 new P.M. peak hour trips. The report concluded that the adjacent street network has adequate available capacity to accommodate the project traffic associated with the Delray Place Project and that the project is not anticipated to negatively affect the roadway network located within the project study area. The applicant transmitted the traffic study to the Palm Beach County Traffic Division for review. A letter from Palm Beach County indicating that the project meets the Traffic Performance Standards of Palm Beach County is required prior to final reading of the SAD rezoning ordinance. Drainage: Engineering has requested that the applicant provide a signed and sealed drainage report indicating the proposed system's ability to meet storm water quality and quantity requirements in accordance with the South Florida Water Management District regulations per LDR Section 2.4.3 (D) (7). In addition, the surface water management system needs to be designed in accordance with LDR Section 6.1.9 for a minimum of a 10 yr. / 24 hr. storm event. The system needs to provide for positive drainage of lots, streets, roads, and other public areas as well as handling any run -off from adjacent areas that historically flowed into the subject area. Include drainage calculations confirming that there will be no negative post development impacts on adjacent homes, structures or properties. The applicant has indicated that the drainage calculations will be provided at final engineering and show that the parking lot is designed to be protected from the 10 yr. / 24 hr. storm event while maintaining the existing discharge from the site. Thus, a positive finding with respect to this level of service standard can be made. Parks and Open Space: Park dedication requirements do not apply for non - residential uses. Thus, the proposed development will not have an impact with respect to this level of service standard. Schools: School concurrency findings do not apply for non - residential uses. Thus, the proposed development will not have an impact with respect to this level of service standard. Planning & Zoning Board Staff Report - Meeting of October 15, 2012 Delray Place - Rezoning to SAD Page 13 Solid Waste: As shown on the following table, the proposed redevelopment of the property will result in a net increase of 829.7 tons per year in solid waste generation. In its annual capacity letter, dated January 6, 2012, the Solid Waste Authority indicates that it has sufficient capacity for concurrency management and comprehensive planning purposes. As stated in the letter, "Capacity is available for both the coming year, and the five and ten year planning periods specified in 9J -5- 005(4)." Based on population projections, waste generation rate projections, waste reduction, and recycling, the Solid Waste Authority forecasts that capacity will be available at the existing landfill through approximately the year 2047. Thus, a positive finding with respect to this level of service standard can be made. Solid Waste Generation Delray Place Existing Development Proposed Development 56,515 SF General Office @ 5.4 Ibs /sf = 152.6 tons /year 88,056 SF Retail @10.2 Ibs /sf = 449.1 tons /year 29,366 SF Medical Office @ 4.6 Ibs /sf = 67.5 50,074 SF Potential Restaurants @ 24.9 Ibs /sf = tons /year 623.4 tons /year 4,459 SF Retail @ 10.2 Ibs /sf = 22.7 tons /year Total: 242.8 tons /year Total: 1,072.5 tons /year Planning & Zoning Board Staff Report - Meeting of October 15, 2012 Delray Place - Rezoning to SAD Page 14 APPENDIX "B" SITE PLAN TECHNICAL COMMENTS AND APPLICANT'S RESPONSES Planning and Zoning Technical Comments: SAD Ordinance: The proposed SAD Ordinance, as it relates to future modifications, does not conform to the normal procedures the City has taken in the past to modify SADs and must be revised. Since the SAD is linked to a specific site plan, modifications of the approved site plan will require the processing of a rezoning. The comment is noted. We would like to further explore the opportunity to limit extensive and otherwise unnecessary duplicitous public hearings for otherwise minor site plan modifications which the City's Land Development Regulations may allow staff to handle administratively. We do not believe that the plain language of the SAD zoning code requires, nor is it the intent of the City Commission, to require such minor revisions to go through the entire rezoning process anew. 2. Compatibility: Pursuant LDR Section 4.4.25(A), Purpose and Intent, "The uses, activities, and characteristics of a SAD are to be consistent with the Comprehensive Plan, suitable and compatible with surrounding existing development, and with the proposed character of the area. Additional findings of compatibility are also required under LDR Sections 3.2.2, Standards for Rezoning Actions, and 3.2.3, Standards for Site Plan and /or Plat Actions. The proposed site plan has a much greater impact on the adjacent residential neighborhood to the east than the current office development, especially as it relates to the adjacent single family lots on McCleary Street. The extreme length of the proposed buildings with limited buffering in this area is a concern. Except for the lower connections between buildings, the (5) interconnected 600 to 1000 Buildings present a continuous 700+ feet long, 22 feet high wall located 15 feet from the rear property line of the single family houses. Architecturally, the essentially blank wall of the south elevation of these buildings is reminiscent of a self - storage facility. The 15' setback with 10' of landscaped area is not large enough to adequately buffer the back of these buildings. The closeness of the loading areas for the 500 Buildings is also a concern. Even though the loading docks are enclosed, trucks backing into these spaces will generate noise. Consider reducing the overall building area on the site and increase the buffering in the rear. This will also serve to reduce the parking and open space deficits. RPG held another meeting with the Tropic Isle homeowners, specifically those living along McCleary and Eve Streets, at the Delray Beach Public Library on Wednesday, October 10, 2012, from 6:30pm to 8 :00pm. The intent of the meeting was to ensure their concerns were heard and, to the extent feasible, incorporated into the Delray Place site plan upon resubmittal in response to the City's TAC comments. The various issues presented in the TAC comments were discussed and are addressed individually below: A. Rear Elevations It appears from the meeting that the residents are requesting the removal of the lower connections between buildings facing Linton Boulevard so that there is a continuous wall adjacent to the Tropic Isle neighborhood. The intended goal of this design is to mitigate noise from the patrons of those specific businesses, which noise may otherwise be channeled towards Tropic Isle based upon the present site plan layout. Planning & Zoning Board Staff Report - Meeting of October 15, 2012 Delray Place - Rezoning to SAD Page 15 The residents also appear to have preferred this design to deter patrons from otherwise wandering behind the buildings. Overall, the reduction in height of the existing structure (from 3 stories to 1) coupled with the extensive landscape buffering utilizing very mature existing trees and additional landscaping (as depicted on the Landscape Plan) will sufficiently - if not entirely - screen the project from the view of the neighbors. The assumption therefore that the 15' setback with 10' of landscaped area is not large enough to provide an adequate buffer is sufficiently addressed and mitigated by the extensive landscaping being added as well as the reduced scale and location of the existing buildings in relation to the Tropic Isle homes. B. Loadin_g Areas To accommodate the requests of Tropic Isle residents, RPG designed the loading areas to consolidate as many potential loading zone areas as possible into fewer locations in an attempt to noise from the property. This noise reduction plan had been previously presented to the Tropic Isle Civic Association and over 100 of its residents, all of whom approved of this concept and were appreciative of the additional expense being incurred by RPG to accommodate the neighbors. The McCleary Street and Eve Street residents continued to express concern regarding the location of the loading docks and anticipated noise generated from trucks backing into such locations. RPG has assumed considerable voluntary expense in providing 14 -foot high walls (18 feet from _ground to top inside the loadin_g area) with noise- dampenin_g wall treatments to minimize any noise which may be generated. The McCleary Street and Eve Street residents desire a fully- enclosed loading area, which RPG previously represented to the residents it would explore. However, after review by RPG as to the effectiveness of such a fully- enclosed structure, it has been determined that the extreme cost far outweighs any perceived benefit. Moreover, the need to fully ventilate such a structure with mechanical fans would actually create more noise on a continuous basis than the intermittent noise perceived from deliveries. However, the trash areas for the businesses adjacent to Linton Boulevard will be, as previously represented to the community, fully enclosed. Reason dictates an acknowledgment that ambient commercial noise is a natural part of the South Federal Highway makeup and can ever be eliminated in its entirety from any commercial project. However, this has been appropriately addressed by the City's Land Development Regulations regulating limited hours of permissible and prohibited loading times and strikes the proper balance. C. Reducing Overall Building Area During the most recent neighborhood meeting held on Wednesday, October 10, 2012, the residents suggested a preferred reconfiguration of the buildings facing Linton Boulevard that did not require a reduction of overall building area. RPG's design team is currently intensely evaluating the feasibility of this design suggestion as it relates to the Florida Building Code and Florida Life Safety Code. It must be noted that the existing width of the property adjacent to Linton Boulevard is constrained. It does not allow for relocation of proposed buildings or a reduction in overall building area without rendering the entirety of the project economically Planning & Zoning Board Staff Report - Meeting of October 15, 2012 Delray Place - Rezoning to SAD Page 16 infeasible and would actually hinder appropriate and necessary pedestrian traffic flow throughout the site as anticipated by retail tenants. 3. Pursuant to LDR Section 4.3.4(K), Development Standards Matrix, the minimum open space required for a project in the SAD zoning District is 25 %. The proposed site plan provides for alternative concepts which provide between 16.2% and 17.12% open space. Relief from this section of the LDRs requires a variance. A waiver will be provided with the resubmittal of plans. A suggestion is made for consideration of significant landscape improvements (including an ongoing and perpetual maintenance obligation) relating to Eve Street to augment open space. With regard to all waivers to be submitted, the following is a general statement that we respectfully ask the City to consider as we move forward with this endeavor to replace the aging and mostly vacant office complex on the southeast corner of South Federal Highway and Linton Boulevard with a modern retail and dining destination. RPG's principals and development team has a collective 100 years of significant retail site planning experience and have successfully built, own, and continue to manage and operate a portfolio of seven Florida significant retail properties totaling approximately 1.25 million square feet of retail space. Using this successful business experience, coupled with being local residents themselves, the principals of RPG are dedicated to bringing this prominent gateway of the City of Delay Beach back to prominence with a project of quality in every aspect, from exceptional architecture to an exceptional tenant mix. In such regard, and utilizing the intent of the Special Activities District zoning paradigm as suggested by the City Commission, RPG believes site planning elements for this particular project should be judged based upon form and the utilitarian aspect, rather than a zoning paradigm which the SAD construct seeks to avoid. All modern economic development surveys point to the rather long and uncertain land development process as the primary inhibitor to sustainable economic development, particularly in the retail sector. In shopping and dining projects, this long approval process often causes quality tenants to hesitate about coming into new markets when adjacent municipalities may be more inviting or when the immediate surrounding business environment (i.e., South Federal Highway) does not have a proven track record of success. However, working directly in concert with the greater Tropic Isle neighborhood to create a consensus site plan, quality tenants are beginning to feel more confident that they can commit to the South Federal Highway corridor and the Delray Place project. For the residents of the Tropic Isle Civic Association, RPG has taken a close look to court the right mix of tenants by beginning to "put the pieces of the puzzle together" in identifying quality retailers, quality dining options, and neighborhood services and amenities that best meet the present and future needs of the greater South Federal Highway community. This framework was then utilized to design a neighborhood retail center that could accommodate all of these needs and remain economically feasible for years to come. As a result of these discussions, RPG worked very hard to design an optimized site plan that intended to meet both the needs and desires of the City, the adjacent community, as well as the reasonable requirements of the types of quality retail and dining tenant RPG seeks to place, who themselves seek to protect and promote their own business models, trade dress, and goodwill. Planning & Zoning Board Staff Report - Meeting of October 15, 2012 Delray Place - Rezoning to SAD Page 17 RPG remains committed to the continued collaboration with the leadership of the Tropic Isle, Tropic Bay, and the other neighborhood associations to develop a project that is financially feasible and economically sustainable for such an important corner of our City. 4. Pursuant to LDR Section 4.3.4(K), Development Standards Matrix, the minimum perimeter setback required for a project in the SAD zoning District is 15 feet. The 100 Building encroaches into this setback at the corner of Linton Boulevard and South Federal Highway; and it appears that a portion of the loading dock (Loading Area #1) also encroaches. Remove these encroachments or seek relief from this requirement. Relief from this section of the LDRs requires a variance. The north end of Building 100 on Linton Blvd. will be reduced 5 ft. to provide for the required 15 ft. setback. Loading Area # 1 does not encroach within the 15 ft. setback requirement. 5. Pursuant to LDR Section 4.4.25(D), Development Standards, "Within the front and any street side setback, the fifteen foot (15) setback area shall be a landscape area and no pavement shall be allowed therein except for pedestrian ways and driveways (or streets) which provide access to the property and which are generally perpendicular to the abutting street." An outdoor dining area is located within the required landscape area adjacent to the 400 building. Remove this encroachment or seek relief from this requirement. Relief from this section of the LDRs requires a waiver. For Building 400, it may be desired to locate a dining tenant at that location, if ultimately feasible. To the extent an outdoor dining area is included within a pedestrian way permitted within a required landscape area, no waivers should be required as this meets code. 6. Pursuant to LDR Section 4.3.4(H)(6)(b), Special Landscape Setbacks, a 25 foot landscape buffer is required along South Federal Highway. Provide the required buffer or seek relief from this requirement. Relief from this section of the LDRs requires a waiver. Dimension the landscape buffer adjacent to the parking areas along South Federal Highway and the distance from the property line to the dumpster adjacent to the 400 Building. Consistent with the elimination of the "Special Landscape Setback" endorsed by the South Federal Highway Redevelopment Plan, RPG has worked with planning staff to meet the intent of this code provision wherever an "urban edge" of buildings has not been provided. Notwithstanding, LDR Section 4.4.25(F) provides that such Special Regulations "may be applied" in SAD projects but are not required. Therefore, seeking relief is not necessary as this is not a "requirement" applicable to the project and may be otherwise addressed through the SAD review and approval process by the City Commission. 7. Pursuant to LDR Section 4.3.4(H)(6)(b), Special Landscape Setbacks, "Along Linton Boulevard, from A - 1 -A to the western City limits, a special landscape area shall be provided. This landscape area shall be the smaller distance of either 30' or 10% of the average depth of the property; however, in no case shall the landscape area be less than ten feet (10). "A 15.5 foot buffer is required along the narrow portion of the property along Linton Boulevard; and a 30 foot buffer is required along the deep portion of the property. Provide the required buffers or seek relief from this requirement. Relief from this section of the LDRs requires a waiver. While a 10' buffer is indicated, it appears that the parking overhang encroaches into Planning & Zoning Board Staff Report - Meeting of October 15, 2012 Delray Place - Rezoning to SAD Page 18 this area. Provide additional dimensioning that clearly shows the dimension of the provided buffer. Additional dimensioning that clearly shows the dimension of the provided buffer will be provided. As stated above, LDR Section 4.4.25(F) provides that such Special Regulations "may be applied" in SAD projects but is not required. Therefore, seeking relief is not necessary as this is not a "requirement" applicable to the project and may be otherwise addressed through the SAD review and approval process by the City Commission. 8. As indicated in the Landscape Comments, an Existing Tree Survey must be provided. The proposed plans seek to remove all of the existing vegetation on the site. There are quite a few mature trees on this site. Where possible, these trees should be incorporated into landscape islands in the parking areas. A tree survey will be provided with the resubmittal of plans. 9. Pursuant to LDR Section 4.4.25(E)(1), "Parking and loading requirements (number of spaces) shall be as set forth on the site and development plan." However, the parking requirement for shopping centers of this size is typically 4 spaces per 1,000 square feet in the City [LDR Section 4.6.9(C)(3)(e).] The proposed site plan shows a substantial reduction (19.7 %) from this requirement with a deficit of 109 spaces. While a waiver is not required, the number of spaces must be adequate to support the proposed development. Therefore, a parking study must be provided to support this reduction. Additionally, with respect to parking balance, the spaces provided for the buildings along Linton Boulevard have a 28% deficit of 43 spaces from the typical shopping center requirements. Given that four of the five buildings in this area are labeled as potential restaurants, this is a concern. In fact, the number of potential restaurants in the entire shopping center is a concern. Given the limited parking, a reduction in the number of restaurants should be considered. A parking study will be provided with the resubmittal of plans. 10. Parking along the main access drive from South Federal Highway should be minimized to avoid conflicts and improve traffic flow. The handicapped accessible space in this aisle should be relocated. The HC space will be relocated. After reviewing various permutations, the design professionals have determined that the balance of the parking has been designed to be optimized for the usefulness of the site without further reducing parking count. 11. Pursuant to LDR Section 4.6.9(D)(3)(c), Stacking Distance, a required stacking distance of 50 feet is required. This distance has not been provided at the driveway connections to Eve Street and Linton Boulevard. Relief from this section of the LDRs requires a waiver. Eve Street is not a "thru street" and therefore we do not believe that the concerns with stacking distance exist. The effective stacking distance is to Federal Highway. The entrances on Linton, as proposed, match existing stacking distances which are twenty -six feet (26). 12. The dumpster enclosures for the 200, 300 and 400 buildings are located adjacent to designated outdoor dining areas for these buildings. This may not be practical due to odor issues. Planning & Zoning Board Staff Report - Meeting of October 15, 2012 Delray Place - Rezoning to SAD Page 19 The areas designated as "outdoor dining areas" on the site plans are for reference only. Actual tenant location is not yet feasible to be determined until final approvals are obtained and requires an examination of desired patron foot traffic circulation. 13. Indicate how trash is handled for the 600,700 and 1000 buildings. There are enclosed trash rooms in buildings 800 and 900 which will be used for all the tenants in buildings 600 -1000. 14. Indicate where grease traps might be located for the potential restaurants. All grease traps will be located under paving in the parking lot. No grease traps will be located behind buildings 500 -510 and 600 -1000. 15. Indicate how loading is handled for the frontage buildings along South Federal Highway and Linton Boulevard. The South Federal Highway buildings will primarily use smaller box trucks for loading and temporary loading areas have been provided in between each of the South Federal Highway outparcels next to the trash enclosures. The Linton Boulevard buildings will similarly utilize smaller box trucks due to the limited size of the stores and temporary loading for these smaller premises will be primarily through adjacent loading zones utilized for the larger stores. Delivery of goods will then occur either through the front entrances or, as feasible or necessary under conditions then existing, through the rear tenant entrances. 16. There are only two connections to the external sidewalk system for the entire development. Provide sidewalk connections to all buildings. All other buildings are connected to one another other which satisfy ADA requirements for shopping centers. 17. Provide a sidewalk along Eve Street and connect it to the sidewalk in front of the 506 -510 Building. The Tropic Isle community has expressed a strong concern against the removal the gate on Eve Street. RPG has no plans to remove or relocate, or to request to remove or relocate, the Eve Street gate without the express consent of the Tropic Isle Civic Association. While a sidewalk can be provided on Eve Street, connection of the sidewalk to the front of the 506 -510 building will require modifications to the Tropic Isle security wall and /or Eve Street gate, neither of which RPG has control over. 18. The proposed monument signs will require separate action and site plan approval. Noted. A master sign package will be submitted for the project. 19. It is anticipated that egress from the driveway on Eve Street will cause traffic problems for the adjacent neighborhood if the proposed redesign of the Tropic Square shopping center is not constructed. Redesign this connection to restrict exiting traffic to right -turn only. An alternative design with full turning movements can be provided as an alternative on the site plan approved with the SAD zoning and conditioned on the construction of the Tropic Planning & Zoning Board Staff Report - Meeting of October 15, 2012 Delray Place - Rezoning to SAD Page 20 Square connection. This alternative design should be coordinated with the Tropic Square proposal. The current design appears to be slightly offset. While RPG agrees in concept, RPG is requesting that the currently proposed site plan depicting the connection with Tropic Square with full turning movements be approved as the primary egress from the driveway on Eve Street, with the alternative design that restricts exiting traffic to right -turn only movements be required only if the Tropic Square cross access connection point is not constructed. 20. Show sight visibility triangles for all driveway connections. Sight triangles will be provided with the resubmittal of plans. 21. Indicate the location of bicycle racks on the site plan. Bicycle racks will be provided with the resubmittal of plans. 22. Indicate the number of children for the proposed daycare center and provide documentation that the requirements of LDR Section 4.3.3(E), Child Care Facilities, are being met. The location of the daycare center with the outdoor play area adjacent to the single family lots on McCleary Street is problematic. A less impacting location for this use should be sought. The presently identified location of the proposed pre- school facility is problematic for some of the residents of McCleary Street, as expressed to RPG on October 10, 2012, because they did not want to hear children during the day. Assuming the desired use of the premises as identified on the site plan for the proposed pre- school is ultimately sought, RPG will continue to work with the residents to endeavor to find a feasible solution. That being said, provisions for quality pre- schools in Delray Beach are a desired amenity which benefits not only Tropic Isle, but the greater South Federal Highway corridor in general. RPG agrees to comply with the provisions of LDR Section 4.3.3(E), as applicable. 23. Generators are required for all new grocery stores and pharmacies in the City. If these uses are anticipated, consideration should be given where they might be located now to avoid future compatibility issues with adjacent residential development. In the current site configuration, the generator would have to be located on the roof. As a general premise, the intent behind the requirement of a generator for both grocery stores and pharmacies was in response to past power outages resulting from hurricanes and the need to protect the public by preserving perishable goods. The intended food store for Delray Place overwhelmingly does not carry many perishable items but rather mainly dry goods. Likewise, there are no current plans to have a pharmacy use included within the project. 24. Provide a point by point response on how these items are being addressed. Respectfully provided and contained herein. Landscape Technical Comments: 1) A Special Landscape Setback is established for this property along Federal Highway and Linton Boulevard. The Special Landscape Setback along Federal Highway is twenty -five (25') feet. The Special Landscape Setback along Linton Boulevard is fifteen and four /tenths (15.4') feet for the narrow portion (eastern -half) of the site and thirty (30') feet for the wider Planning & Zoning Board Staff Report - Meeting of October 15, 2012 Delray Place - Rezoning to SAD Page 21 portion (western - half). The City would support building frontage along Federal Highway, however, the Overhead Lines that power the street lights along Federal Highway and Linton Boulevard would have to be buried underground. This will allow for more growing space to plant larger canopy trees within the landscape buffer. The project is designed with the "urban edge" building form suggested (but not required for this project) by the South Federal Highway Redevelopment Plan). Therefore, the Special Landscape Setback should not be applicable for both Federal Highway and Linton Boulevard. Burying the power lines is cost - prohibitive. The Landscape Architect will coordinate with the project's Engineer to alleviate possible conflicts between landscaping and utility lines. However, as applicable, any required waivers will be sought. 2) An Existing Tree Survey was not submitted. Submit this plan on a separate sheet. All existing trees that have a caliper of 4" or greater must be documented on the plan. Each tree shall be properly identified with a number that can be referenced to a table that lists each species name (botanical and common names), caliper, size (height and spread), condition and proposed action (remain in place, relocate or remove). City staff may or may not agree with all proposed removals and may institute mitigation requirements. More comments will be generated upon review of this submitted document. An existing tree survey will be submitted with the required tabular data as requested. 3) Document on plans where the temporary holding area for all relocated trees will be. Show temporary watering source. Provide a note detailing proper root pruning procedures. The temporary holding area and note will be provided on the resubmitted plans. 4) There are a few instances where the Engineer has placed fire hydrants in landscape islands. Coordinate with Engineer on alternate locations that will not pose a conflict for required canopy trees. All islands are required to contain one (1) canopy tree with specifications of sixteen (16') feet in height with a seven (7') foot spread. The LA will coordinate with the project engineer to alleviate possible conflicts between landscape and utility lines. Fire hydrant locations in landscape islands will be coordinated with the Fire Department to relocate fire hydrants out of the landscape islands if possible. Additionally, an alternative landscape island arrangement has been provided and suggested for the City's consideration based upon RPG's prior successful experiences on other similar retail projects. However, as applicable, any required waivers will be sought. 5) All landscape islands are required to contain a canopy tree with the above specifications. Canopy trees are defined as a tree that will attain a minimum spread of twenty (20') feet. Green Buttonwoods, East Palatka Hollies and Sabal Palms are NOT considered canopy trees. Switch to larger growing trees such as Live Oak (many varieties are available), Gumbo Limbo, etc. `Highrise' and `Cathedral' Oaks are popular choices because they grow more vertically before branching out allowing better storefront visibility. The landscape plans will be revised to include alternate species as suggested. 6) All required parking lot trees must be in the form of canopy or shade trees. Palm trees will not be credited towards the interior tree count. Revise planting plans and chart tabulations. The landscape plans will be revised to meet this requirement. Planning & Zoning Board Staff Report - Meeting of October 15, 2012 Delray Place - Rezoning to SAD Page 22 7) Several required landscape islands are missing. Pay particular attention to the parking rows in front of Buildings 600 thru 1000, between Buildings 100 and 200 and along the north side of Eve Street. Parking rows are allowed thirteen (13) standard parking spaces between islands. Parking rows are also required to begin and terminate with a landscape island. All islands are to be curbed and have minimum dimensions of nine (9') in width, exclusive of curbing. Each island shall have a minimum planting area of one hundred and thirty -five square feet (135 SF) and contain seventy -five square feet (75 SF) of shrubs and groundcovers and one (1) canopy tree that is sixteen (16') feet in height with a seven (7') foot spread. Make sure all islands are of proper dimensions and contain the required plant material. An alternative landscape island arrangement has been provided and suggested for the City's consideration based upon RPG's prior successful experiences on other similar retail projects. However, as applicable, any required waivers will be sought. 8) Several of the required landscape islands do not meet the required minimum width of nine feet (9'), exclusive of curbing. Thus, they do not meet the minimum planting area of one hundred and thirty -five square feet (135 SF). Revise all plans and adjust planting plan as needed. An alternative landscape island arrangement has been provided and suggested for the City's consideration based upon RPG's prior successful experiences on other similar retail projects. However, as applicable, any required waivers will be sought. 9) All landscape islands are required to contain a minimum of seventy -five (75 SF) square feet of shrubs and groundcovers. Shrubs shall be placed at the back of the island with low groundcovers in the nose to eliminate sight visibility issues. The landscape plans will be revised to meet this requirement. 10) All landscape areas adjacent to vehicular use areas are required to be curbed with Type `D' curb or better. Show on all plans. The landscape plans will be revised to meet this requirement. The landscape islands will be curbed with Type D curb. 11) Per LDR 4.6.16(H)(4), all buildings shall have foundation trees spaced so that their canopies will be touching at maturity. Size specifications are to adhere to the chart listed within this regulation. This requirement has not been met for Buildings 600, 700, 800, 900, 1000, 500- 504 and 506 -510. No Foundation trees have been proposed. Revise planting plans and chart tabulations. Landscape plans will be revised accordingly to meet this requirement. 12) All existing soil within landscape areas adjacent to vehicular use areas is required to be removed (to 30" below grade), inspected and then replaced with a sixty to forty (60/40) mix of sand to topsoil, native soil that has been screened of rock or another mixture suggested by the Landscape Architect. Provide note on plans. Include in plans the illustration found in LDR 4.6.16(H)(3)(n). Landscape plans will be revised accordingly to meet this requirement. Planning & Zoning Board Staff Report - Meeting of October 15, 2012 Delray Place - Rezoning to SAD Page 23 13) Show sight triangles on landscape plans and modify design to accommodate visibility between 3' -6' above grade within triangles. Landscape plans will be revised accordingly to meet this requirement. 14) Show light poles on landscape plans. Coordinate with Engineer to move light poles so that potential conflict between tree canopy and light pole is minimized. Landscape plans will be revised accordingly to meet this requirement. 15) A Landscape Maintenance Agreement will be required for those plantings outside the property line. This applies particularly to the plantings along Eve Street. This agreement shall be submitted prior to submittal of building permits to be executed by City Commission. Noted. RPG is further suggesting significant landscape improvements (including an ongoing and perpetual maintenance obligation) relating to Eve Street to further satisfy open space requirements. 16) The plant palette along Federal Highway and Linton Boulevard lacks vivid colors. Incorporate more flowering and colorful plants into these areas. For example, use Muhly or Red Fountain Grass instead of Dwarf Fakahatchee Grass. Croton varieties such `Mammy' will add a splash of red. Trinettes and Variegated Ginger will help make the landscape pop with their greens and yellows. In other words, use plants that add a variety of colors (reds, yellows, purples) in addition to green. Landscape plans will be revised accordingly to meet this requirement. 17) Specify Crinum augustum `Queen Emma' as the Crinum of choice. It performs much better and is more attractive. Landscape plans will be revised accordingly to meet this requirement. 18) Extend the landscape beds along Federal Highway and Linton Boulevard outward to incorporate the proposed trees so that the landscape is completely unified rather than throwing trees out in an oasis of sod. Typically, trees incorporated within landscape beds of shrubs and groundcovers looks much better than those planted in an area surrounded by sod. Landscape plans will be revised accordingly to meet this suggestion. Preliminary Engineering Technical Comments: Provide a response letter with a detailed description of how each of these comments has been addressed and reference plans sheet number for accurate review. Contained herein. 2. Provide copy of certified boundary and topographic survey meeting requirements of LDR Section 2.4.3 (A), (B) and (D). Existing grades should be taken at least 10 -feet outside all subject property lines for all adjacent properties per LDR Section 2.4.3 (B) (20). Survey shall provide sufficient information to determine historical drainage pattern. Survey shall include all existing easements. This will be provided with the resubmittal of plans. Planning & Zoning Board Staff Report - Meeting of October 15, 2012 Delray Place - Rezoning to SAD Page 24 3. Provide Survey completed within the last 6 months per LDR Section 2.4.3 (B) (5). This will be provided with the resubmittal of plans. 4. The Survey, Site, Landscaping and Civil Plans need to be at the same scale. All plans needs to be drawn on 24" x 36" sheets and at a scale of 1" = 10', 1" = 20' or 1" = 30' per LDR Section 2.4.3 (B) (1) and (D) (1). Civil plans will be resubmitted at the same scale as the survey, site plan, and landscaping plans. Due to the size of the center and in and in effort to avoid match lines, the planner has agreed to a 1 " =50' scale. 5. Provide Civil Plans with existing and proposed spot elevations showing changes of elevations of not more than 2 -feet, throughout the site and at a minimum distance of 10 -feet into all adjacent properties per LDR Section 2.4.3 (B) (20) and (D) (2). Provide sufficient elevations to ensure proposed improvements will not have a negative impact on surrounding drainage and to establish historical storm water flow. Complete site grading will be provided on final engineering plans. 6. Provide existing elevations on existing roadway including edge of pavement and center line. This will be provided with the resubmittal of plans. 7. Clearly indicate limits of right -of -way and center line of the right -of -way of any adjacent streets with the basis of the center line clearly stated; the center line of the existing pavement; the width of the street pavement; the location and width of any adjacent sidewalk; and the identification of any improvements located between the property and any adjacent street per LDR Section 2.4.3 (B) (5). This will be provided with the resubmittal of p 8. Please coordinate location of all existing and proposed easements on Site, Civil, Landscape and Composite Utility Plans. Existing and proposed easement locations and labeling needs to be consistent on all plans. The existing easements are shown on the survey. Proposed easements will be added to the engineering plans. 9. Indicate sight distances at all ingress /egress points and all intersections. Sight triangles must be indicated on Landscape and Engineering plans per LDR Section 4.6.14. All visual obstructions within the site visibility shall provide unobstructed cross - visibility at a level between 3 -feet and 6 -feet, this includes tree trunks. Sight triangles are to be measured from the edge of pavement for driveways and from the ultimate right -of -way line for alleys and streets. The sight distances at ingress / egress points will be added to the engineering plans. 10. Indicate sight visibility triangles in accordance with the FDOT Design Standard Index 546, Sight Distance at applicable FDOT intersections. Sight visibility triangles per FDOT Index 546 will be added to the engineering plans. Planning & Zoning Board Staff Report - Meeting of October 15, 2012 Delray Place - Rezoning to SAD Page 25 11. Provide a minimum 10 -foot General Utility Easement (GUE) through the property for all other utilities. This GUE is not allowed in public right -of -way. Water, sewer or drainage system(s) cannot occupy or share this GUE. The required 10' GUE will be provided at final engineering. 12. Indicate location of required FPL easements. The required FPL easements will be provided at final engineering. 13. If project phasing is proposed, such phases need to be clearly shown on the plans and a narrative describing the phasing program provided per LDR Section 2.4.3 (B) (22). Please indicate phasing plan on Civil Plans and clearly indicate how this would affect proposed improvements; specifically water and sewer improvements. This project is not expected to be phased at this time. 14. Please take into consideration constructability, health department releases, road closures, re- paving, inconvenience to local residence, etc. when developing a civil phasing plan. Acknowledged. 15. Palm Beach County Health Department permits required for this project. Permits will have to be phased in accordance with construction phasing so Health Department releases do not hold -up Certificate of Occupancy issuance by the Building Permit Department. Palm Beach County Health Department permits for water and sewer will be obtained prior to final engineering approval. 16. Palm Beach County permit(s) or permit modification through the Traffic Division required for this project per LDR Section 2.4.2 (C) (2) (d). Provide documentation indicating applicant has met with Palm Beach County regarding proposed project. A Palm Beach County Right -Of -Way Permit will be obtained prior to final engineering approval for the existing drainage connection to the Linton Boulevard drainage system. 17. Florida Department of Transportation (FDOT) permit(s) required for this project per LDR Section 2.4.2 (C) (2) (c). Submit copy of FDOT pre - application letter. An FDOT Drainage permit will be obtained prior to final engineering approval because the project is adjacent to the FDOT right -of -way of Federal Highway. No driveway connection permit is required because we are not proposing any improvements within the FDOT right -of -way of Federal Highway. 18. South Florida Water Management District ( SFWMD) permit, permit modification or Letter of "No Notice" required for this project in accordance with LDR Section 2.4.6(J). Provide Letter of "No Notice" from SFWMD or pre - application correspondence with SFWMD regarding proposed project. If project qualifies for a "No Notice General Permit for Activities in Uplands," submit specific criteria in accordance with Section 40E- 400.315 and Section 40E- 400.316 of the Florida Administrative Code to City of Delray Beach Engineering Division for consideration; otherwise, submit to SFWMD for determination. Planning & Zoning Board Staff Report - Meeting of October 15, 2012 Delray Place - Rezoning to SAD Page 26 This project has already been submitted to SFWMD as application 120906 -4. The SFWMD permit will be obtained prior to final engineering approval. 19. Provide Demolition Plans at a scale to match Civil Plans. Include any underground utilities to be removed or abandoned in place. Provide notes that state the disposition of all existing facilities including service lines and cleanouts. Demolition plans for the site will be provided at final engineering. 20. Clearly dimension driveway width on Civil Plans. The driveway dimensions will be provided on a horizontal control plan at final engineering. 21. Indicate handicap spaces are to be provided in accordance with LDR Section 4.6.9 (D)(8)(d); City of Delray Beach Construction Standard Detail RT 4.2; and the Florida Building Code, Chapter 11, Accessibility Code for Building Construction. Handicapped parking spaces need to be paved, properly marked, and ramp and curb cuts provided if required. Handicap spaces that are paved, marked, and with curb ramps will be provided in accordance with LDR Section 4.6.9 (D) (8)(d), City of Delray Beach Construction Detail RT 4.2, and the Florida Building Code Chapter 11 at final engineering. 22. Provide ADA compliant access from the parking space to the building. ADA compliant access will be provided from the parking space to the building at final engineering. 23. Provide note that parking layout and striping needs to follow City of Delray Beach current standards. Provide latest Parking Lot Detail RT 4.1 and Typical Parking Space Details RT 4.2 A thru C, as applicable on Civil Plans. On plan view, indicate double striping at parking spaces. Parking and striping layout will follow City of Delray Beach current standards at final engineering. 24. Provide finished floor elevation. In accordance with LDR Section 7.1.3 (B) (2), if finished floor elevation is less than 18- inches above centerline of adjacent road, but above the 100 - year storm or National Flood Insurance minimum elevations, then a letter is required from a professional registered engineer certifying that the drainage conditions have been investigated and the proposed floor elevation is above the flooding level. It must be shown that the property will have adequate drainage to ensure that flooding will not occur in a 100 - year, 3 -day storm event. A letter from a professional engineer will be provided at final engineering that certifies the drainage conditions have been investigated and the proposed finished floor elevation is above the 100yr -3day flood stage. 25. Provide finish floor elevations for nearest adjacent structures / buildings abutting all property boundaries. This will be provided on the revised survey. Planning & Zoning Board Staff Report - Meeting of October 15, 2012 Delray Place - Rezoning to SAD Page 27 26. Provide signed and sealed drainage report indicating the proposed system's ability to meet storm water quality and quantity requirements in accordance with the South Florida Water Management District regulations per LDR Section 2.4.3 (D) (7). In addition, the surface water management system needs to be designed in accordance with LDR Section 6.1.9 for a minimum of a 10 yr. /24 hr. storm event. The system needs to provide for positive drainage of lots, streets, roads, and other public areas as well as handling any run -off from adjacent areas that historically flowed into the subject area. Include drainage calculations confirming that there will be no negative post development impacts on adjacent homes, structures or properties. The drainage calculations will be provided at final engineering and show that the parking lot is designed to be protected from the 10yr -24hr storm event while maintaining the existing discharge from the site. 27. Show nearest existing drainage structures per LDR Section 2.4.3 (D) (3). This will be provided on the revised survey. 28. Provide note indicating that no landscaping shall be planted over any exfiltration trenches on Civil Plans. A note will be provided on the final engineering plans that states "No landscaping shall be planted over any exfiltration trench ". 29. Provide drainage easements for all proposed private drainage systems in accordance with LDR Section 5.3.4. Drainage easements will be shown over the private drainage system on the final engineering plans in accordance with LDR Section 5.3.4. 30. Provide a separate tap for irrigation, domestic water and fire lines. Separate taps are shown for the irrigation, water, and fire lines on the Conceptual Water and Sewer Plan (C2) submitted. 31. Provide separate tap from water main for single or double water service connections per City standard detail PW 9.2, revise accordingly. The water service connections will be provided per City standard detail PW 9.2 on the final engineering plans. 32. Provide a second valve at fire hydrant for runs that exceed 20 -feet, per City Standard detail PW 5.1 (see note #7). A second valve will be added to the fire hydrant runs that exceed 20'. 33. Provide double valves at connection points for new mains to existing mains, not at service lines. Double valves will be provided at the connections to existing mains. 34. Indicate typical configuration and location of proposed sewer services with cleanouts. A cleanout will be required on the existing sewer service at a maximum distance of 18- inches from the right -of -way line and /or easement line per City of Delray Beach Standard Detail Planning & Zoning Board Staff Report - Meeting of October 15, 2012 Delray Place - Rezoning to SAD Page 28 WW 4.1. At locations where this cannot be obtained, an exclusive sewer easement will be required up to the first clean -out. The location of proposed sewer services with cleanouts will be provided. 35. Provide on the detail sheet City of Delray Beach Standard Detail WW 4.1, WW 5.1 or 5.2 (as applicable). The applicable City details will be provided with final engineering plans. 36. Indicate grease trap(s) will be installed in accordance with City of Delray Beach Minimum Construction Standards and Specifications. Grease traps will be provided in accordance with the City of Delray Beach Minimum Construction Standards and Specification on final engineering plans. 37. Provide 12 -foot exclusive water and 12 -foot exclusive sewer easement over water and sewer mains, respectively. Water and sanitary sewer lines cannot share a 12 -foot easement. Separate 12' water and sewer easements will be shown. 38. Provide the following note on both the Engineering Plans and the Landscape Plans that, "any trees or shrubs placed within water, sewer or drainage easements shall conform to the City of Delray Beach Standard Details; LD 1.1 & LD 1.2." These Details are to be shown on the Landscape Plans. The note "Any trees or shrubs placed within the water, sewer, or drainage easements shall conform to the City of Delray Beach Standard Details LD 1.1 and LD 1.2" will be added to the engineering plans. 39. Provide a minimum horizontal distance of 10 -feet between water mains and storm or sanitary sewers; refer to City Standard Detail PW 2.1 for other City design criteria. A minimum horizontal distance of 10' will be provided between water mains and storm / sanitary sewers. 40. Provide note indicating, "No proposed improvements, buildings or any kind of construction can be placed on or within any water, sewer or drainage easements, unless approved by the City of Delray Beach City Engineer." A note indicating "No proposed improvements, buildings, or any other kind of construction can be placed on or within any water, sewer, or drainage easements, unless otherwise approved by the City of Delray Beach City Engineer" will be added to the engineering plan. 41. Provide note indicating, "No proposed structures shall be installed within a horizontal distance of 10 -feet from any existing or proposed water, sewer or drainage facilities, unless approved by the City of Delray Beach City Engineer." A note indicating "No proposed structures shall be installed within a horizontal distance of 10' from any existing or proposed water, sewer, or drainage facilities, unless otherwise approved by the City of Delray Beach City Engineer" will be added to the engineering plan. Planning & Zoning Board Staff Report - Meeting of October 15, 2012 Delray Place - Rezoning to SAD Page 29 42. Provide a minimum horizontal distance of 6 -feet between water main / connection and right - of -way and /or easement line. A minimum horizontal distance of 10' between water mains and the easement / right - of -way line will be provided. 43. Provide a minimum horizontal distance of 6 -feet between sanitary sewer main / connection and right -of -way and /or easement line. A minimum horizontal distance of 10' between sanitary sewer mains and the easement/ right -of -way line will be provided. 44. Provide details for all water, sewer and drainage conflicts. Provide both bottom and top elevations at all conflict locations on profile sheets. This will be checked during the Building Permit review process. Details for water, sewer, and drainage conflicts will be provided on final engineering plans. 45. Provide signed and sealed calculations indicating current and proposed estimated flows into existing or proposed lift station and force main. Written approval from the Deputy Director of Public Utilities stating that the City's system has sufficient capacity to treat proposed flows is required. Signed and sealed calculations indicating the current and proposed flows into the existing City system will be provided. 46. Provide a Composite Utility Plan signed by a representative of each utility provider attesting to the fact that services (water, sewer, drainage, gas, power, telephone and cable) can be accommodated as shown on the Composite Utility Plan. The Composite Utility Plan needs to address the responsibility for relocation of existing services and installation of new services in accordance with LDR Section 2.4.3 (F) (4). Composite Utility Plan is also used to ensure physical features do not conflict with each other and existing or proposed utility services. A composite utility plan will be provided. 47. The Composite Utility Plan (or Composite Overlay Plan) needs to include all existing and proposed overhead and underground utilities; all existing and proposed light poles; all existing and proposed easements; all existing and proposed improvements to hardscape and landscape. The Composite Utility Plan is also used to ensure physical features and existing or proposed utilities do not conflict with each other. A composite utility plan will be provided. 48. Indicate City approved bus shelter and mass transit easement will be provided per City of Delray Beach Comprehensive Plan, Policy A -1.5. New residential projects with over 25 units and nonresidential projects over 10,000 square feet which are adjacent to existing or future Palm Tran bus stops are required to provide an easement and install a City approved bus shelter on site. If project is not adjacent to a bus stop, or bus shelter already exist, a contribution made to the City in -lieu of providing the bus shelter on site is required. Acknowledged. Planning & Zoning Board Staff Report - Meeting of October 15, 2012 Delray Place - Rezoning to SAD Page 30 49. If bus shelter required, please indicate on plans a City approved bus shelter will be installed in accordance with Palm Tran and ADA requirements (eg. 5' x 8' landing area, 30' from intersection, direct access to site, etc). Acknowledged. 50. Submit revised plans and any required documentation for Preliminary Engineering review with next submittal. Please ensure a complete set is provided for the City of Delray Beach Engineering Division and indicate which documents are for the Engineering Division. Acknowledged. 51. Additional comments may follow after review of revised plans. Acknowledged. 52. Final Engineering comments will also be generated after submittal of Final Engineering Plans for the Building Permit. Acknowledged. Fire Department Technical Comments: 1. Indicate fire code reference — Florida Fire Prevention Code 2010 Edition, NFPA 1, Fire Code, 2009 Florida Edition, NFPA 101, Life Safety Code, 2009 Florida Edition. 2. Maintain inside turning radius of 25 feet in fire lanes for fire apparatus. 3. Post of symbols on buildings for light frame truss type construction. 4. Identify fire hydrant locations. Commercial and business districts not more than 300 feet between hydrants. As measured by way of road travel. Provide clearances of seven and one half feet (7' 6 ") in front of and to the sides of the fire hydrant, with a four feet (4') clearance to the rear of the hydrant. 5. Maximum 100' distance from Fire Department Connections to a fire hydrant. Fire Department Connections shall be identified by a sign stating "No Parking. Fire Department Connection" and shall be designed in accordance with FDOT standards for information signage. Provide clearances of seven and one half feet (7'6") in front of and to the side of these appliances. 6. Knox Box access at main entrance for all buildings. 7. Fire Sprinkler and fire alarm systems — central station monitored for buildings B — 500 — 504 and B — 506 — 510. Separate permits required. 8. Show fire lanes in front of retail buildings 500 - 504 and 506 - 510. See Section 18.2.3.5.3 NFPA 1 Fire Code, 2009 Florida Edition. 9. Building 1000 - New Day - Care Occupancy - Remote supervising station fire alarm system required. Planning & Zoning Board Staff Report - Meeting of October 15, 2012 Delray Place - Rezoning to SAD Page 31 10. Dead end fire department roads in excess of 150 feet in length shall be provided with approved provisions for fire apparatus to turn around. See Section 18.2.3.4.4 NFPA 1 Fire Code, 2009 Florida Edition. Planning & Zoning Board Staff Report - Meeting of October 15, 2012 Delray Place - Rezoning to SAD Page 32 APPENDIX "C" APPLICANT'S STATEMENT - SECTION 2.4.5(D)(5) REZONING FINDINGS 1. OVERVIEW OF SAD (SPECIAL ACTIVITIES DISTRICT) ZONING. The new Delray Place neighborhood commercial retail center is the next evolution of modern urban redevelopment that seeks to amenitize surrounding residential uses in an appropriate scale, taking into consideration that the quality of retail tenant is the strongest driver in sustaining the quality of any given project. Retail Property Group ( "RPG "), the project's developer, is very excited to be able to implement the City Commission's desire to utilize the SAD (Special Activities District) zoning for this site as a way to design the center, tied to a site plan, which the adjacent Tropic Isle /Tropic Bay community has had extensive collaborative input. Rather than simply performing the Euclidean zoning function of "separating incompatible land uses," the City's SAD zoning is a modern zoning and land use regulatory processes utilized in both urban centers and outlying suburban areas that is intended to promote the public welfare by attempting to shape the creation of integrated, functional, and aesthetically pleasing communities. Further, SAD zoning allows the City to incorporate, rather than be at odds with, proven market -based realities. Through innovative regulatory techniques such as SAD zoning, RPG intends to implement a host of diverse uses complimentary to the desired economic vibrancy of the South Federal Highway corridor and remain respectful to the social, cultural, environmental and aesthetic concerns of the adjacent Tropic Isle /Tropic Bay communities. See generally, Meshenberg, "The Administration of Flexible Zoning Techniques" 3-4 (1976) (American Planning Association, PAS Rept. No. 318). The adoption by communities of flexible zoning design incorporating site plan specific review has proven to be an important land use regulatory device in facilitating high quality, innovative and integrated development projects which traditional Euclidian zoning often cannot accommodate. Also, the design flexibility afforded by SAD zoning (which is analogous to planned development review) allows of responsiveness to changing consumer preferences and economic and fiscal conditions as well as in controlling public service and infrastructure costs by generally providing better planning for and increased control over new development has led to widespread utilization of this regulatory technique. See generally, Moore & Siskin, "PUDS In Practice," 3 -12 (1985) (Urban Land Institute). See also Baers, "Zoning Code Revisions to Permit Mixed Use Development', 7 Zoning & Plan. L. Rep. 81, 82 (1984), wherein the author notes the following as potential benefits of flexible development: (1) provide a transition zone between single purpose land use districts; (2) achieve close proximity among employment centers, cultural and recreational uses, and residential areas; (3) enhance the vitality which comes from the interplay among various activities; (4) use space efficiently and economically, relieving development pressure on rural and agricultural land; (5) preserve older, but sound housing, which is often located within or adjacent business districts. In short, the City's SAD zoning ordinance acknowledges the need to embrace the evolutionary change and the natural process of land development that juxtaposes older, imbedded land uses and newer, more profitable ones as well as local shopping activities, which create the need for commercial uses in even relatively stable neighborhoods. It is within this paradigm that RPG proposes the new Delray Place retail development to compliment the neighborhood and to serve as the catalyst for the revitalization of the entire South Federal Highway corridor. Planning & Zoning Board Staff Report - Meeting of October 15, 2012 Delray Place - Rezoning to SAD Page 33 2. COMPLIANCE WITH REZONING STANDARDS OF LDR SECTION 2.4.5(D)(2). City of Delray Beach Land Development Regulation Section 2.4.5(D) sets forth the requirement that "a statement of the reasons for which the change is being sought" to accompany any application for rezoning of property. (a) That the zoning had previously been changed, or was originally established, in error. The City's records regarding the property reveal the following to be correct: The property was originally annexed into the City of Delray Beach from unincorporated Palm Beach County in the 1970's. The property was assigned the Future Land Use Map designation of Transitional (TRN) and a zoning of SAD (Special Activities District) and it was developed with three office buildings and associated parking simultaneously with the annexation. In 1991, the City of Delray Beach adopted new Land Development Regulations and the property was assigned the new zoning designation of POC (Planned Office Center) and retained the Future Land Use Map Designation of TRN (Transitional).' It therefore appears that the prior rezoning by the City from SAD to POC was predicated upon the fact than an office building existed on the property at the time of its annexation and that such a use was economically sustainable and viable. This has proven to be untrue. See, e.g., Mayor and Council of Rockville v. Stone, 271 Md. 655, 319 A.2d 536, 541 (1974) ( "On the question of original mistake, this Court has held that when the assumption upon which a particular use is predicated proves, with the passage of time, to be erroneous, this is sufficient to authorize a rezoning."). (b) That there has been a change in circumstances which makes the current zoning inappropriate. The City's Planning & Zoning staff has identified that changing the zoning at this location "will formally acknowledge what the market trend has already indicated." 2 It has been repeatedly acknowledged, as recently as the City Commission hearing on this application on April 3, 2012, that this corner at Linton Blvd. and South Federal Highway has been unable to sustain office - type uses and the repeated demand for new, complimentary retail to amenitize and serve the adjacent Tropic Isle community, the beach property owners, and their respective environs, remains great. Staff has agreed, stating: Residential and general commercial uses are both compatible and complimentary in that the commercial uses provide necessary goods and services for residential neighborhoods and the residents provide the market base to support the commercial uses. Existing trends repeatedly point to the need to have this property's zoning designation returned to its former SAD to allow an economically sustainable neighborhood retail center to be developed. The City's Planning & Zoning staff has again acknowledged the need for this zoning map change in its prior staff report of February 27, 2012, when it was concluded: "The commercial activity in Delray Beach has greatly expanded and the Federal Highway /Linton 1 See, City of Delray Beach, Staff Report to Planning & Zoning Board, February 27, 2012. 2 See, City of Delray Beach, Staff Report to Planning & Zoning Board, February 27, 2012, pg. 3. Planning & Zoning Board Staff Report - Meeting of October 15, 2012 Delray Place - Rezoning to SAD Page 34 Boulevard intersection has become a robust commercial hub. An office use at this location represents an economically unfeasible use of the property that the market trend has clearly identified as suited for commercial use." 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. Objective A -1 of the Future Land Use Element of the Comprehensive Plan states that property shall be redeveloped in a manner so that the use and intensity is appropriate and complimentary to adjacent land uses and fulfills remaining land use needs. The proposed SAD zoning designation would be complimentary to the surrounding commercial and residential properties. Moreover, the change in zoning to SAD will provide an appropriate and necessary land pattern for the South Federal Highway corridor with the implementation of a neighborhood retail center. The Urban Land has repeatedly recognized the need for neighborhood serving retail centers near residential communities :3 The decline of neighborhood retailing has had a profound effect on the desirability of many urban neighborhoods and communities. The convenient availability of goods and services is a key factor that people consider when choosing a place to live, and neighborhoods without suitable retailing are dramatically weakened. Residents who can afford it, leave, and potential new residents choose to live somewhere else. In this type of environment, communities cannot be sustained over the long term. By the tailoring of more specific and distinct restrictions to particular land areas, particularly when coupled with a development review process that provides for specific site -plan and design review, the utilization of the SAD zoning district significantly enhances the project and the neighbor by affording a measure of flexibility and discretion in regulating land use and development not found in traditional Euclidean zoning regimes. 3 See, "Ten Principles for Rebuilding Neighborhood Retail' (2003). The Urban Land Institute, is a 501(c) (3) nonprofit research and education organization supported by its members. Founded in 1936, ULI has members worldwide, representing the entire spectrum of land use and real estate development disciplines working in private enterprise and public service. As a multidisciplinary real estate forum, ULI facilitates an open exchange of ideas, information, and experience among industry leaders and policy makers dedicated to creating better places. Hoggard, Ron From: Peggy Paterra <ppaterra @gmail.com> Sent: Wednesday, September 12, 2012 2:22 PM To: Breto, Estelio; Hoggard, Ron; Dorling, Paul; Alan Margolis Cc: Joe Carosella; Kelli Freeman Subject: Proposed shopping center - Delray Place I recently attended a presentation proposing the construction of Delray Place by Retail Property Group, Inc. As a 12 -year resident of Tropic Isle, I personally welcome the proposed shopping center which will be an asset to the community in my opinion. After the meeting I spoke to both their lawyer and directly to Joe Carosella, the developer, regarding my concerns about traffic in the area. I made the suggestion that there should be an alternate entrance to the new shopping center that would accommodate both Tropic Isle and Tropic Bay communities (as well as the other residences in that neighborhood) by giving access to shopping without having to join the traffic on Federal Highway or Linton Blvd. This could be from either Tropic Blvd. or Spanish Trail and would accommodate 3 types of traffic - auto, bicycle and pedestrian - from this area. One excellent solution would be to utilize the existing entrance into Delray Square from Tropic Blvd. and create a pass- through road to Delray Place. I would think it would make access much more convenient and far safer for our residents, as well as alleviating the traffic load on the highways for others coming to the new area merchants, making those highways safer as well. At the same time, there would be no traffic increase to Tropic Isle streets since residents would have to go onto Tropic Blvd. anyway to get to Federal Highway. A Spanish Trail alternative would make for more congestion on that street - and I'm not sure of the status of the road with a gate that exists there now. I'm not sure of the numbers, but I believe there are 450 residences in Tropic Isle, and hundreds of condos in Tropic Bay and other communities in this section of town (East of Federal.) The proposed traffic pattern of having one entrance on Federal Hwy. and one exit on Linton Blvd. would be prone to excessive congestion at the peak times of day or season (think Christmas ?) The volume of traffic at that busy intersection (Federal and Linton) varies from season to season and from hour to hour, but with all the new development going on at that intersection - new stores coming in to all four corners, I've heard, it would seem to me that the traffic volume is going to increase substantially, including many tractor trailers which we rarely have now. The patterns of having traffic making u- turns on Federal Hwy. and / or Linton Blvd. are also a concern to me. We currently have some vehicles making u -turns at Tropic Blvd. and it becomes a problem when drivers don't always follow the rules of safety and courtesy (or the law!) So, please consider the above in planning for upgrading of this area. We have a lovely, quiet waterfront community in here and take great pride in our neighborhood. In order to make the proposed project a true enhancement to the community, I hope you will take a long hard look at what will make the project one which we can all be proud to support. Thank you for your consideration. Sincerely, Peggy Paterra 915 Dogwood Drive Delray Beach, FL 33483 Cell Phone: 561 - 702 -0428 z Hoggard, Ron From: Truxell, Rebecca Sent: Thursday, October 11, 2012 4:29 PM To: Hoggard, Ron Subject: FW: Delray Place Please see email below sent to PZ Mail. Rebecca Truxe# Administrative Assistant /Secretary to SPRAB Interim Secretary to the Planning & Zoning Board and Historic Preservation Board Planning & Zoning Department City of Delray Beach 100 NW 1st Avenue Delray Beach, FL 33444 Phone: 561.243.7040 Fax: 561.243.7221 truxel ICS mydelraybeach.com From: csmith727 [ma ilto :csmith727(a)bellsouth.net] Sent: Thursday, October 11, 2012 8:18 AM To: PZmail (a)MvDelravBeach.com Subject: Delray Place I attended the meeting in Tropic Isles recently to learn about the proposal for a new development at the corner of Linton & Federal Hwy. I was extremely impressed by the presentation given by the architect and engineers involved! There has been a great deal of thought put in with regard to providing up -scale tenants for'Delray Place' (an asset to our community), and details as to the limitation of noise /odors (which could potentially affect Tropic Isles). I am in favor of this development 100 %. The rendering provided is not only cosmetically beautiful but it affords a retail outlet that has long been awaited. This will be a great asset to our community. I look forward to the building of Delray Place. Sincerely, Christine Smith Cypress Drive Truxell, Rebecca From: R. Van Gernert <superone @ix.netcom.com> Sent: Friday, October 12, 2012 10:12 AM To: aaaa - TEST TO MYSELF Subject: FAILURE TO GIVE PROPER NOTIFICATION UNDER THE LAW I am forwarding the following letter to you so you are aware what is happening. 1 delivered this letter yesterday Oct. 11, 2012, to Mayor McDuffie; City Attorney, Brian Shutt; Planning and Zoning Board Director, Paul Dorling; and City Manager, Harden. I also copied the letter and filed a complaint with the State Attorney General, Pam Bundi, since State law is involved. Thank you for your continued dedication to a better Delray Beach. Your eff orts on behalf of the residents are deeply appreciated. Richard Van Gernert URGENT - READ IMMEDIATELY Oct. 11, 2012 Mr. Paul Darling Director of Planning & Zoning Board City of Delray Beach 100 NW 1st Ave. Delray Beach, FL Re: Notification of Rezoning Hearing for Delray Place (Corner Linton Blvd. & Fed. Hwy.) Dear Mr. Dorling; Under Section 2.4.2 (A) (1) of the City of Delray Beach Ordinances, it states as follows: (B) Public Hearing Requirements (1) Notice (b) Privately Initiated Rezoning: Notice Requirements contained within the applicable sections of Florida Statutes Chapter 166 shall apply. Additional notice shall be given before the Planning and Zoning Board hearing in accordance with Section 2.4.2(13)(1)(j) (i), (ii), (iii) and (iv). [Amd.Ord. 78 -04 1/18/051; [Amd. Ord, 60.95 10/24/95] (B) Public Hearing Requirements (1) Notice (j) Additional Public Notice: When a section of these Land Development Regulations requires additional notice pursuant to this section, the additional notice shall be sent in accordance with one or more of the following: [Amd.Ord. 78 -04 1/18/05]; [Amd. Ord. 8 -97 2/18/971 (B) Public Hearing Requirements (1) Notice (j) Additional Public Notice (iii): Notice posted by the City on the affected property by placing one placard visible from each adjoining right -of- way or on each street block face, at least seven (7) days before the scheduled hearing. The placard shall be I prepared by the City and shall identify the action to be considered and state the time and place of the hearirig. The placard shall be removed by the City within five (5) business days after the date the public hearing is held. Photographic documentation of the posted placard shall be placed in the file to document the posting of the placard. (Amd.Ord. 78- 041/18/051 Page 2, Letter to Paul Dorling, Delray Planning & Zoning Board, Oct. 11, 2412. This letter is my formal notification to you that the above requirements have not been met as set forth in the laws of the City of Delray Beach and the State of Florida. Although placards were posted on Federal Highway and Linton Blvd., no placards were posted on the property facing Eve Street, Spanish Trail, or at the head of McCleary Street, as required by law. The placards must be up seven days before the meeting. Therefore the public hearing for Delray Place, scheduled to be held before the Planning and Zoning Board on Oct. 15, 2012, must be withdrawn since it is not in compliance with the legal requirements set forth by the laws of the City and State. I ask that you comply with the regulations, by notifying all parties concerned, that this item has been withdrawn from the agenda for that date, and a new date will be set, to be announced. I empathize with your staff and the applicant for this postponement but it is important that you comply with every aspect of the law to avoid further complications. I have taken the liberty to copy this letter to the Attorney General, State of Florida, along with the City of Delray Mayor, City Manager, and City Attorney, to make them aware of this situation. Sincerely, Richard Van Gemert 912 Eve Street Delray Beach, FL 33483 Cc: Attorney General, State of Florida, Pamela Jo "Pam" Bondi Mayor, Nelson S. "Woodie" McDuffie City Manager, Mr. David T. Hardin City Attorney, R. Brian Shutt, Es q. Truxell, Rebecca From: FRANCIOSA4DELRAY @ aol.com Sent: Friday, October 12, 2012 7:35 PM To: Truxell, Rebecca; Harden, David; McDuffie, Woodie; Shutt, Brian Subject: Re: Paul Dorling's Response Letter to Richard Van Gernert Rebecca, Please pass this email on to the other P & Z board members and to Paul Dorling: Paul: I received an email from Richard Van Gemert stating in essence that the public notification of the upcoming meeting for the Delray Place rezoning was not properly posted. My question is can you provide documentation that all the requirements of the LDR's were meet concerning public notice of the public hearing for the Delray Place. In the letter Mr Van Gemmert stated "no placards were posted on the property facing Eve Street, Spanish Trail, or at the head of McCleary Street, as required by law" and further the LDR requirement as asserted by Mr. Van Gemert... "Notice posted by the City on the affected property by placing one placard visible from each adjoining right-of-way or on each street block face, at least seven (7) days before the scheduled hearing. As I mentioned has this been done and do you have documentation as required by the LDR... Photographic documentation of the posted placard shall be placed in the file to document the posting of the placard. [Amd.Ord. 78 -04 1/18105]. Thank you, Gerald Franciosa In a message dated 10/12/2012 4:23:56 P.M. Eastern Daylight Time, trux0 mydelraybeach.com writes: Good afternoon, Attached please find a copy of Mr. Darling's response letter to Mr. Richard Van Gernert regarding Notification of Rezoning Hearing for Delray Place. Please let us know if you have any questions. Regards, Administrative Assistant /Secretary to 5PRA8 Interim 5ecretary to the Planning & Zoning Board and Historic Preservation Board Planning & Zoning Department City of Delray Beach Truxell, Rebecca Subject: FW: Delray Place South Federal Highway From: Robert Wiebelt [mailto:bob(&delrayplaza.comj Sent: Friday, October 12, 2012 12:20 PM To: Truxell, Rebecca Cc: Bob Wiebelt Subject: Delray Place South Federal Highway To'the Delray Beach Planning & Zoning Dept: My name is Robert Wiebelt. I live at 955 Jasmine Drive in Tropic Isles. Also, I am the owner of the Delray Plaza located at 2275 South Federal Highway. The Delray Plaza is located in the heart of the South Federal Highway corridor, which is being considered in the current Redevelopment Plan. I have many important concerns regarding what has been proposed for the area in which I live and have worked for over 60 years. OF PRIME IMPORTANCE is the shopping center proposed by the Retail Property Group for the corner of Linton Boulevard and Federal Highway. Considering that over 50% of the commercial property in the corridor is zoned automotive, their proposed shopping center is an ideal asset to South Federal Highway. Further, I think this center would be just the catalyst for change that we have long needed in our area! My wife and 1 attended the neighborhood workshop that the Retail Property Group sponsored. They provided a detailed rendering of the proposed shopping center and revealed the names of tenants that are considering opening in the center. Also, they assembled their whole group of professionals to consider and thoughtfully answer everyone's concerns. Clearly, the Retail Property Group have seriously considered the issues of commercial deliveries and trash pick -up. They have come up with logical solutions. The proposed elevations of the buildings are not offensive, nor do they detract from neighboring properties. The Retail Property Group is a "hands on" group of professionals. Their proposed shopping center will be the catalyst for a vibrant revitalization of South Federal Highway. PLEASE VOTE TO APPROVE TIME DELRAY PLACE SHOPPING CENTER! Sincerely, Bob Wiebelt Tropic Isles Resident Owner of the Delray Plaza Truxell, Rebecca From: Nancy Richards <nd rich @bellsouth,net> Sent: Monday, October 15, 2012 11:13 AM To: PZmail @MyDelrayBeach.com Subject: Delray Place re- zoning I am writing to voice my support for the re- zoning of the SE corner of Federal Hwy and Linton Blvd from General Office to SAD so that the Delray Place project can move forward. The city of Delray Beach needs quality re- development on this lot, and I believe RPG's plans will give the city just this. They have a good reputation, from what I've gathered, and will be managing the development themselves. That self - management tells me that they want to keep their good name clean, and keep the quality high. Also, there is a small group of Tropic Isle residents who are very vocal in their opposition to this plan. If you talk to them, they are opposed to anything and everything that has been proposed. They do not want retail, as you are certainly aware. They do not want the complex razed and developed into Class A office space, since taller and bigger buildings would be called for. They do not want State government offices and telemarketers to move into the current office complex. In my opinion, they like a run -down, nearly empty, quiet_ office building and pretend that it does not attract the homeless element during the night. I want to stress that these people in opposition, from discussions I've had with neighbors, are a very small minority of Tropic Isle residents. The rest of the people I speak with want quality development on the corner that complements our neighborhood and enhances our quality of life. To sum, please do not be swayed by the vocal minority. Best regards, Nancy Richards 934 Cypress Drive Delray Beach, FL 33483 (561) 702 -0550 Truxell, Rebecca From: Jilly Cammisa < Jilly @premierestateproperties.com> Sent: Monday, October 15, 2012 3:29 PM To: PZmail @MyDeirayBeach.com; McDuffie, Woodie; Carney, Tom Subject: For Delray Place Dear Commissioners, I'm writing to give my support for the Delray Place proposed plans on the SE Corner of Linton Blvd. As a residential Estate Agent, who lives and works in Tropic Isle, I believe this is a sound project for our neighborhood. I like the architectural plans, I like the fact they aim to appeal to high end retail companies and would be very happy to see Trader Joes as one of their Tenants. This would be the best market place for all of US. I'm also encouraging a high end personal training gym to choose this location for their premises as I believe it will be an asset for everyone living on the Island side and for residents south of Atlantic Avenue. We have been waiting for a high end Mall -- remember in Tropic Isle, Boca Raton promised us another "Mizner" where the now failed Theatre is. Given the surge of rental developments in the area, traffic is definitely on the increase. As long as we can get sufficient off road parking, I believe the location is perfect for Retail space. On the other hand, the "shed" development of the Ralph Buick property is of great concern and I will oppose plans for that. I'm sorry I'm not able to attend this evening's meeting. Yours sincerely, Jilly Cammisa Estate Agent 561.665.8181 Direct 561.278.8188 Office 561.271.7010 Mobile 561.278.7188 Facsimile premierestate,prope -tics com iillynnrenlierestateproperties. cam 900 East Atlantic Avenue, Boutique 4, Delray Beach, Florida 33483 Presenting Properties Exclusively In Excess Of One Million Dollars Notice of Confidentiality: This e-mail communication and the attachment(s) hereto, if any, are intended solely for the information and use of the addressee(s) identified above and may contain information which is legally privileged from disclosure and /or otherwise confidential. If a recipient of this e-mail communication is not an addressee {or an authorized representative of an addressee), such recipient is hereby advised that any review, disclosure, reproduction, re- transmission or other dissemination or use of this e -mail communication (or any information contained herein) is strictly prohibited_ If you are hot an addressee and have received this e-mail communication in error, please advise the sender either by reply e-mail or by telephone at 561. 394.7700, immediately delete this e-mail communication from any computer and destroy ail physical copies of same_ Thank yam. 60 7- � HEIDI H. UURANNIEMI, P.A. ESQUIRE 7634 NW ffl-I AVE. BOLA RA-'ON FL 3348 PHONE 561 - 994 -0280 FAX 561 - 994- -0270 Date: October 15, 2012 To: Kelli A. Freeman, President 1730 S. Federal Highway, Unit 145 Delray Beach, FL 33483 Planning and Zoning Department City Hall 100 NW V' Avenue Delray Beach, FL 33444 Re: Proposed Rezoning for Delray Place initiated by the property owner Dear Ms. Freeman and Mr. Haggard, Please be advised that I have been asked to represent Stroms, LLC in certain legal matters. Stroms, LLC recently purchased a property located at 1801 Spanish Trail, Delray Beach, FL 33483 on June 20, 2012. The owners were out of the country at that time and arrived here at this home on September 28, 2412. Upon moving in, it was brought to their attention by neighbors about the proposed rezoning for Delray Place initiated by the property owner. Stroms, LLC strongly opposes this rezoning, as this action would cause unpleasant noise, dust, trash, and traffic and the unsightly presence of large work vehicles. This greatly diminishes the value of their property and interferes with their quiet enjoyment and use of the property. Please feel free to contact me with any questions and concerns and let me know of any new developments. /�i�NDGD D 6)7- ..... .... ..... . PETITION:.;. TO THE CITY OF DEL RAY BEACH To: The following petition is directed to the members of the Planning and Zoning Board of the City of Delray Beach, Chairperson, Connor Lynch; Clifford Durden; Derline Pierre - Louis; Gerald Franciosa; Craig Spodak; Thuy Shutt; Jan Hansen; and to Paul Dorling, Director of the Planning and Zoning Board. Topic; Request by Delray Place for rezoning of property located at the Southeast corner of Linton Blvd. and Federal Highway. I, the undersigned, herewith petition the above noted authorities to recommend denial of the request for rezoning of such property referred to commonly as Delray Place, located at the southeast corner of Federal Highway and Linton Blvd., from Planned Office Center (POC) to Special Activities District (SAD) as requested by the applicant, Delray Place through their attorney, Jeffrey Lynn. It is requested that the Planning and Zoning Board and City Staff recommend to the City Commission against such change. 1 find that the proposed change is not compatible with the surrounding single family community since it would dramatically change the character of our peaceful residential neighborhood into a noisy, (trucks loading and unloadii7g),_ smelly (garbage durnpsters), disturbing, hectic, (traffic) and intruding commercial area which would subject residents to many nuisances and disturbances related with a retail shopping center use. This would be detrimental to our quality of life and will reduce the market value of our properties. In order to protect the integrity of our single family neighborhood the only course of action is to deny this rezoning application based upon its lack of compatibility with the surrounding single family residential neighborhood. — P�' c�_' �� 10/13LL Sign name here Date Address Property identification number PETITION TO THE CITY O R 1 BEACH To. The following petition is directed to the members of the Planning and Zoning Board of the City of Delray Beach, Chairperson, Connor Lynch; Clifford Durden; Derline Pierre - Louis; Gerald Franciosa; Craig Spodak; Thuy Shutt; Jan Hansen; and to Paul Dorling, Director of the Planning and Zoning Board. Topic: Request by Delray Place for rezoning of property located at the Southeast corner of Linton Blvd. and Federal Highway. Petition: I, the undersigned, herewith petition the above noted authorities to recommend denial of the re nest for rezoning of such property referred to commonly as Delray Place, located at the southeast corner of Federal Highway and Linton Blvd., from Planned Office Center (POC) to Special Activities District (SAD) as requested by the applicant, Delray Place through their attorney, Jeffrey Lynn. It is requested that the Planning and Zoning Board and City Staff recommend to the City Commission against such change. proposed change is not compatible with the surrounding single family community since it would dramatically change the character of our peaceful residential neighborhood into a noisy trucks loading and unloading), smelly Igarbago dum stern disturbing, hectic, traffic and intruding commercial area which would subject residents to many nuisances and disturbances related with a retail shopping center use. This would be detrimental to our guali!Y of life and will reduce the market value of our properties. In order to protect the integrity of our single family neighborhood the only course of action is to deny this rezoning application based upon its lack of compatibility with - surrounding single family residential Sign name here L Date Address Property identification number _.,. PETITION 0 THE CITY OF DELRAY BEACH Tod The following petition is directed to the members of the Planning and Zoning Board of the City of Delray Beach, Chairperson, Connor Lynch; Clifford Durden; Derline Pierre - Louis; Gerald Franciosa; Craig Spodak; Thuy Shutt; Jan Hansen; and to Paul Dorling, Director of the Planning and Zoning Board. Topic. Request by Delray Place for rezoning of property located at the Southeast corner of Linton Blvd. and Federal Highway. I, the undersigned, herewith petition the above noted authorities to recommend denial of the re, tit for rezoning of such property referred to commonly as Delray Place, located at the southeast corner of Federal Highway and Linton Blvd., from Planned Office Center (POC) to Special Activities District (SAD) as requested by the applicant, Delray Place through their attorney, Jeffrey Lynn. It is requested that the Planning and Zoning Board and City Staff recommend to the City Commission against such change. I find that the proposed change is not compatible with the surrounding single family community since it would dramatically change the character of our peaceful residential neighborhood into a noisy, (trucks loading and unloadin smell (garbage dum stern disturbing, hectic traffic and intruding commercial area which would subject residents to many nuisances and disturbances related with a retail shopping center use. This would be detrimental to our_gualily of life and will reduce the market value of our properties. In order to protect the integrity of our single family neighborhood the only course of action is to deny this rezoning application based upon its lack of compatilbility with the surrounding single family residential neighborhood. (6 c ('9-0 V`a- Date / 9-9-0 1000 ois--v Property identification number PETITION TO THE CITY OF DELRAY BEACH To: The following petition is directed to the members of the Planning and Zoning Board of the City of Delray Beach, Chairperson, Connor Lynch; Clifford Durden; Derline Pierre - Louis; Gerald Franciosa; Craig Spodak; Thuy Shutt; Jan Hansen; and to Paul Dorling, Director of the Planning and Zoning Board. Topic: Request by Delray Place for rezoning of property located at the Southeast corner of Linton Blvd. and Federal Highway. Petition: I, the undersigned, herewith petition the above noted authorities to recommend denial of the request for rezoniM of such property referred to commonly as Delray Place, located at the southeast corner of Federal Highway and Linton Blvd., from Planned Office Center (POC) to Special Activities District (SAD) as requested by the applicant, Delray Place through their attorney, Jeffrey Lynn. It is requested that the Planning and Zoning Board and City Staff recommend to the City Commission against such change. I find that the proposed change is not compatible with the surrounding sin g le family community since �t would dramatically c hange the character of our peaceful residential neighborhood into a noisy, (trucks loading and unloading), smelly (garbage dumpsters), disturbing, hectic, (traffic) and intruding commercial area which would subject residents to many nuisances and disturbances related with a retail shopping center use. This would be detrimental to our quality of life and will reduce the market value of our properties. In order to protect the integrity of our single family neighborhood the only course of action is to deny this rezoning application based upon its lack of compatibility with the surrounding single family residential neighborhood. ?f F sign narpe here Address Date /� k3 �� a-9r0/ 0 o d 0 X6 6 Property identification number PETITION TO THE CITY OF DELRAY BEACH To: The following petition is directed to the members of the Planning and Zoning Board of the City of Delray Beach, Chairperson, Connor Lynch; Clifford Durden; Derline Pierre- Louis; Gerald Franciosa; Craig Spodak; Thuy Shutt; Jan Hansen; and to Paul Dorling, Director of the Planning and Zoning Board. Topic: Request by Delray Place for rezoning of property located at the Southeast corner of Linton Blvd. and Federal Highway. Petition: I, the undersigned, herewith petition the above noted authorities to recommend denial of the re guest for rezoning of such property referred to commonly as Delray Place, located at the southeast corner of Federal Highway and Linton Blvd., from Planned Office Center (POC) to Special Activities District (SAD) as requested by the applicant, Delray Place through their attorney, Jeffrey Lynn_ It is requested that the Planning and Zoning Board and City Staff recommend to the City Commission against such change. I find that the proposed change is not compatible with the surrounding single family community since it would dramatically change the character of our peaceful residential neighborhood into a noisy, trucks loading and unloading), smells (garbage dumpsters), disturbing, hectic, (traffic) and intruding commercial area which would subject residents to many nuisances and disturbances related with a retail shopping center use_ This would be detrimental to our quality of life and will reduce the market value of our properties. In order to protect the integrity of our single family neighborhood the only course of action is to deny this rezoning application based upon its lack of compatibility with the surrounding single family residential neighborhood. Sign narr�e here Date Address Property identification number PETITION TO THE CITY OF DELRAY BEACH To: The following petition is directed to the members of the Planning and Zoning Board of the City of Delray Beach, Chairperson, Connor Lynch; Clifford Durden; Derline Pierre- Louis; Gerald Franciosa; Craig Spodak; Thuy Shutt; Jan Hansen; and to Paul Dorling, Director of the Planning and Zoning Board. Topic: Request by Delray Place for rezoning of property located at the Southeast corner of Linton Blvd. and Federal Highway. Petition: I, the undersigned, herewith petition the above noted authorities to recommend denial of the request for rezoning of such property referred to commonly as Delray Place, located at the southeast corner of Federal Highway and Linton Blvd., from Planned Office Center (POC) to Special Activities District (SAD) as requested by the applicant, Delray Place through their attorney, Jeffrey Lynn. It is requested that the Planning and Zoning Board and City Staff recommend to the City Commission against such change. 1 find that the proposed change is not compatible with the surrounding single family community since it would dramatically change the character of our peaceful residential neighborhood into a noisy, (trucks loading and unloading), smelly (garbage dumpsters), disturbing, hectic, (traffic) and intruding commercial area which would subject. residents to many nuisances and disturbances related with a retail shopping center use. This would be detrimental to our quality of life and will reduce the market value of our properties. In order to protect the integrity of our single family neighborhood the only course of action is to deny this rezoning application based upon its lack of compatibility with the surrounding single family residential neighborhood. G ti lti" Address Date Property identification number PETITION TO THE CITY OF DELRAY BEACH To: The following petition is directed to the members of the Planning and Zoning Board of the City of Delray Beach, Chairperson, Connor Lynch; Clifford Durden; Derline Pierre - Louis; Gerald Franciosa; Craig Spodak; Thuy Shutt; Jan Hansen; and to Paul Dorling, Director of the Planning and Zoning Board. Topic: Request by Delray Place for rezoning of property located at the Southeast corner of Linton Blvd. and Federal Highway. Petition: I, the undersigned, herewith petition the above noted authorities to recommend denial of the request for rezonina of such property referred to commonly as Delray Place, located at the southeast corner of Federal Highway and Linton Blvd., from Planned Office Center (POC) to Special Activities District (SAD) as requested by the applicant, Delray Place through their attorney, Jeffrey Lynn. It is requested that the Planning and Zoning Board and City Staff recommend to the City Commission against such change. I find that the proposed change is not compatible with the surrounding single family community since it would dramatically change the character of our peaceful residential neighborhood into a noisy, (trucks loading and unloading), smell (garbage dum stern disturbin hectic traffic and intruding commercial area which would subject residents to many nuisances and disturbances related with a retail shopping center use. This would be detrimental to our quality of life and will reduce the market value of our properties. In order to protect the integrity of our single family neighborhood the only course of action is to deny this rezoning application based upon its lack of compatibility with the surrounding single family residential neighborhood. (I - /t 2 QLLLUhAA 10 1 z _. Sign name here Date -Y-3 64 3 A o Address Property identification number PETITION TO THE CITY OF DELRAY BEACH To: The following petition is directed to the members of the Planning and Zoning Board of the City of Delray Beach, Chairperson, Connor Lynch; Clifford Durden; Derline Pierre- Louis; Gerald Franciosa; Craig Spodak; Thuy Shutt; Jan Hansen; and to Paul Dorling, Director of the Planning and Zoning Board. Topic: Request by Delray Place for rezoning of property located at the Southeast corner of Linton Blvd. and Federal Highway. Petition: 1, the undersigned, herewith petition the above noted authorities to recommend denial of the request for rezoning of such property referred to commonly as Delray Place, located at the southeast corner of Federal Highway and Linton Blvd., from Planned Office Center (POC) to Special Activities District (SAD) as requested by the applicant, Delray Place through their attorney, Jeffrey Lynn. It is requested that the Planning and Zoning Board and City Staff recommend to the City Commission against such change. I find that the proposed change is not compatible with the surrounding single family community since it would dramatically change the character of our peaceful residential neighborhood into a noisy, (trucks loading and unloading}, smelly (garbage dumpsters). disturbing, hectic (traffic) and intruding commercial area which would subject residents to many nuisances and disturbances related with a retail shopping center use. This would be detrimental to ourguality of life and will reduce the market value of our properties. In order to protect the integrity of our single family neighborhood the only course of action is to deny this rezoning application based upon its lack of compatibility with the surrounding single family residential neighborhood. n name here Address to 9 11 Date IA cT -o o / ,3.o Property identification number Fa_:1110601 TO THE CITY OF DELRAY BEACH To: The following petition is directed to the members of the Planning and Zoning Board of the City of Delray Beach, Chairperson, Connor Lynch; Clifford Durden; Derline Pierre - Louis; Gerald Franciosa; Craig Spodak; Thuy Shutt; Jan Hansen; and to Paul Dorling, Director of the Planning and Zoning Board. Topic: Request by Delray Place for rezoning of property located at the Southeast corner of Linton Blvd. and Federal Highway. Petition: I, the undersigned, herewith petition the above noted authorities to recommend denial of the request for rezoning of such property referred to commonly as Delray Place, located at the southeast corner of Federal Highway and Linton Blvd., from Planned Office Center (POC) to Special Activities District (SAD) as requested by the applicant, Delray Place through their attorney, Jeffrey Lynn. It is requested that the Planning and Zoning Board and City Staff recommend to the City Commission against such change. I find that the proposed change is not compatible with the surrounding single family community since it would dramatically change the character of our peaceful residential neighborhood into a noisy, (trucks loading and unloadin smell (garbage dum stern disturbing, hectic traffic and intruding commercial area which would subject residents to many nuisances and disturbances related with a retail shopping center use. This would be detrimental to our quality of life and will reduce the market value of our properties. In order to protect the integrity of our single family neighborhood the only course of action is to deny this rezoning application based upon its lack of compatibility with the surrounding single family residential neighborhood. //)Zt& 165 -131 ? Sign nam ere Date x;.31 � Brag s1f -72f � � / � � � � 00 6 _ 1 Address Property identification number PETITION TO THE CITY OF DELRAY BEACH To: The following petition is directed to the members of the Planning and Zoning Board of the City of Delray Beach, Chairperson, Connor Lynch; Clifford Durden; Derline Pierre - Louis, Gerald Franciosa; Craig Spodak; Thuy Shutt; Jan Hansen; and to Paul Dorling, Director of the Planning and Zoning Board. Topic: Request by Delray Place for rezoning of property located at the Southeast corner of Linton Blvd. and Federal Highway. Petition: I, the undersigned, herewith petition the above noted authorities to recommend denial of the request for rezoning of such property referred to commonly as Delray Place, located at the southeast corner of Federal Highway and Linton Blvd., from Planned Office Center (POC) to Special Activities District (SAD) as requested by the applicant, Delray Place through their attorney, Jeffrey Lynn. It is requested that the Planning and Zoning Board and City Staff recommend to the City Commission against such change. I find that the proposed change is not compatible with the surrounding single family community since it would dramatically change the character of our peaceful residential neighborhood into a noisy, (trucks loading and unloading), smelly (garbage dumpsters), disturbing, hectic, (traffic) and intruding commercial area which would subject residents to many nuisances and disturbances related with a retail shopping center use. This would be detrimental to our quality of life and will reduce the market value of our properties. In order to protect the integrity of our single family neighborhood the only course of action is to deny this rezoning application based upon its lack of compatibility with the surrounding single family residential neighborhood. l Sign name here Date Address Property identification number PETITION TO THE CITY OF DELRAY BEACH To: The following petition is directed to the members of the Planning and Zoning Board of the City of Delray Beach, Chairperson, Connor Lynch; Clifford Durden; Derline Pierre- Louis; Gerald Franciosa; Craig Spodak; Thuy Shutt; Jan Hansen; and to Paul Dorling, Director of the Planning and Zoning Board. Topic: Request by Delray Place for rezoning of property located at the Southeast corner of Linton Blvd. and Federal Highway. Petition: I, the undersigned, herewith petition the above noted authorities to recommend denial of the request for rezoning of such property referred to commonly as Delray Place, located at the southeast corner of Federal Highway and Linton Blvd., from Planned Office Center (POC) to Special Activities District (SAD), as requested by the applicant Delray Place, through their attorney, Jeffrey Lynn. It is requested that the Planning and Zoning Board and City Staff recommend to the City Commission against such change. I find that the proposed change is not compatible with the surrounding single family community since it would dramatically change _the character of our peaceful residential neighborhood into a noisy, (trucks loading and unloading), smelly (garbage dumpsters), disturbing, hectic, (traffic) and intruding commercial area which would subject residents to many nuisances and disturbances related with a retail shopping center use. This would be detrimental to our quality of life and will reduce the market value of our propertles. In order to protect the integrity of our single family neighborhood the only course of action is to deny this rezoning application based upon its lack of compatibility with the surrounding single family residential neighborhood. sign nam re Date Iry Address '3o Property identification number PETITION TO THE.. CITY OF DELRAY BEACH To: The following petition is directed to the members of the Planning and Zoning Board of the City of Delray Beach, Chairperson, Connor Lynch; Clifford Darden; Derline Pierre - Louis; Gerald Franciosa; Craig Spodak; Thuy Shutt; Jan Hansen; and to Paul Dorling, Director of the Planning and Zoning Board, Topic: Request by Delray Place for rezoning of property located at the Southeast corner of Linton Blvd. and Federal Highway, Petition: 1, the undersigned, herewith petition the above noted authorities to recommend denial of the request for rezoning_ of such property referred to commonly as Delray Place, located at the southeast corner of Federal Highway and Linton Blvd., from Planned Office Center (POC) to Special Activities District (SAD), as requested by the applicant Delray Place, through their attorney, Jeffrey Lynn. It is requested that the Planning and Zoning Board and City Staff recommend to the City Commission against such change. I find that the proposed change is not compatible with the surrounding single family community since it would dramatical! y chap e . the character of our peaceful residential neighborhood into a noisy, trucks loadln and unloadin smell (garbage dum sters disturbing.. hectic traffic and intrudin commercial area which would subject residents to many nuisances and disturbances related with a retail shopping center use. This would be detrimental to our Quality.of life and will reduce the market value of our properties. In order to protect the integrity of our single family neighborhood the only course of action is to deny this rezoning application based upon its lack of compatibility with the surrounding single family residential neighborhood. —IR A il Sign name ere Date Address /,- 93'/6,�- e /0ec0 Property identification number PETITION TO THE CITY OF DELRAY BEACH To: The following petition is directed to the members of the Planning and Zoning Board of the City of Delray Beach, Chairperson, Connor Lynch; Clifford Durden; Derline Pierre - Louis; Gerald Franciosa; Craig Spodak; Thuy Shutt; Jan Hansen; and to Paul Dorling, Director of the Planning and Zoning Board. Topic: Request by Delray Place for rezoning of property located at the Southeast corner of Linton Blvd. and Federal Highway. Petition: I, the undersigned, herewith petition the above noted authorities to recommend denial of the request for rezoning of such property referred to commonly as Delray Place, located at the southeast corner of Federal Highway and Linton Blvd., from Planned Office Center (POC) to Special Activities District (SAD), as requested by the applicant Delray Place, through their attorney, Jeffrey Lynn. It is requested that the Planning and Zoning Board and City Staff recommend to the City Commission against such change. I find that the proposed change is not compatible with the surrounding single family community since it would dramatically change the character of our peaceful residential neighborhood into a nois trucks loading and unloadin smelly WAKtLaAe dum sters disturbing, hectic traffic and intruding commercial area which would subject residents to many nuisances and disturbances related with a retail shopping center use. This would be detrimental to our guaity of life and will reduce the market value of our properties. In order to protect the integrity of our single family neighborhood the only course of action is to deny this rezoning application based upon its lack of comp tib ity with the surrounding single family residential neighborhood. Sign nee here A2,-1 Tien1p�,. %?LVI_) Address 11-2-,l 1 Date /,,4L Ll 3 It/-C ;1- 91) ` 0 CO 0 ) Property identification number 173iiLii15e1.l TO THE CITY OF DELRAY BEACH To; The following petition is directed to the members of the Planning and Zoning Board of the City of Delray Beach, Chairperson, Connor Lynch; Clifford Durden; Derline Pierre - Louis; Gerald Franciosa; Craig Spodak; Thuy Shutt; Jan Hansen; and to Paul Dorling, Director of the Planning and Zoning Board. Topic: Request by Delray Place for rezoning of property located at the Southeast corner of Linton Blvd. and Federal Highway. Petition: I, the undersigned, herewith petition the above noted authorities to recommend denial of the request for rezoning of such property referred to commonly as Delray Place, located at the southeast corner of Federal Highway and Linton Blvd., from Planned Office Center (POC) to Special Activities District (SAD), as requested by the applicant Delray Place, through their attorney, Jeffrey Lynn. It is requested that the Planning and Zoning Board and City Staff recommend to the City Commission against such change. I find that the proposed change is not compatible with the surrounding single family community since it would dramatically change the character of our peaceful residential neighborhood into a noisy, (trucks loading and unloading), smelly (garbage dumpsters), disturbing,_ hectic, (traffic) and intruding commercial area which would subject residents to many nuisances and disturbances related with a retail shopping center use. This would be detrimental to our quality of life and will reduce the market value of our properties. In order to protect the integrity of our single family neighborhood the only course of action is to deny this rezoning application based upon its lack of comp: 'bility with the surrounding single family residential neighborhood. Sign name here Date Addres T Property identification number 3 PETITION TO THE CITY OF DELRAY BEACH To: The following petition is directed to the members of the Planning and Zoning Board of the City of Delray Beach, Chairperson, Connor Lynch; Clifford Durden; Derline Pierre- Louis; Gerald Franciosa; Craig Spodak; Thuy Shutt; Jan Hansen; and to Paul Dorling, Director of the Planning and Zoning Board. Topic: Request by Delray Place for rezoning of property located at the Southeast corner of Linton Blvd. and Federal Highway. Petition: 1, the undersigned, herewith petition the above noted authorities to recommend denial of the request for rezoning of such property referred to commonly as Delray Place, located at the southeast corner of Federal Highway and Linton Blvd., from Planned Office Center (POC) to Special Activities District (SAD) as requested by the applicant, Delray Place through their attorney, Jeffrey Lynn. It is requested that the Planning and Zoning Board and City Staff recommend to the City Commission against such change. I find that the proposed change is not compatible with the surrounding single family community since it would dramatically change the character of our peaceful residential neighborhood into a noisy, (trucks loading and unloading), smelly (garbage dumpsters), disturbing, hectic, (traffic) and intruding commercial area which would subject residents to many nuisances and disturbances related with a retail shopping center use. This would be detrimental to our quality of life and will reduce the market value of our properties. In order to protect the integrity of our single family neighborhood the only course of action is to deny this rezoning application based upon its lack of compatibility with the surrounding single family residential neighborhood. Sign name he elvle_ Address Date seal Dad a �Y-o Property identification number PETITION TO THE CITY OF DELRAY BEACH To: The following petition is directed to the members of the Planning and Zoning Board of the City of Delray Beach, Chairperson, Connor Lynch; Clifford Durden; Derline Pierre - Louis; Gerald Franciosa; Craig Spodak; Thuy Shutt; Jan Hansen; and to Paul Dorling, Director of the Planning. and Zoning Board. Topic: Request by Delray Place for rezoning of property located at the Southeast corner of Linton Blvd. and Federal Highway. Petition: I, the undersigned, herewith petition the above noted authorities to recommend denial of the reguest_f'or rezoning of such property referred to commonly as Delray Place, located at the southeast corner of Federal Highway and Linton Blvd., from Planned Office Center (POC) to Special Activities District (SAD) as requested by the applicant, Delray Place through their attorney, Jeffrey Lynn. It is requested that the Planning and Zoning Board and City Staff recommend to the City Commission against such change. I find that the proposed change is not compatible with the surrounding single family community since it would dramatically change the character of our peaceful residential neighborhood into a noisy. (trucks loading and unloading smell arba a dum sters disturbing, hectic traffic and intrudin commercial area which would subject residents to many nuisances and disturbances related with a retail shopping center use. This would be detrimental to our Quality of life and will reduce the market value of our properties. In order to protect the integrity of our single family neighborhood the only course of action is to deny this rezoning application based upon Its lack of compatibility with the surrounding single family residential neighborhood. Sign Ome here6 Address Date Property identification number PETITION TO THE CITY OF DELRAY BEACH To: The following petition is directed to the members of the Planning and Zoning Board of the City of Delray Beach, Chairperson, Connor Lynch; Clifford Durden; Derline Pierre - Louis; Gerald Franciosa; Craig Spodak; Thuy Shutt; Jan Hansen; and to Paul Dorling, Director of the Planning and Zoning Board. Topic: Request by Delray Place for rezoning of property located at the Southeast corner of Linton Blvd. and Federal Highway. Petition: 1, the undersigned, herewith petition the above noted authorities to recommend denial of the request for rezoning of such property referred to commonly as Delray Place, located at the southeast corner of Federal Highway and Linton Blvd., from Planned Office Center (POC) to Special Activities District (SAD) as requested by the applicant, Delray Place through their attorney, Jeffrey Lynn. It is requested that the Planning and Zoning Board and City Staff recommend to the City Commission against such change. I find that the proposed change is not compatible with the surrounding single family community since it would dramatical! y change the character of our peaceful residential neighborhood into a noisy, trucks loading and unloading), smelly Warbage- dum sters disturbin hectic traffic and intruding commercial area which would subject residents to many nuisances and disturbances related with a retail shopping center use. This would be detrimental to our quality of life and will reduce the market value of our properties. In order to protect the integrity of our single family neighborhood the only course of action is to deny this rezoning application based upon its lack of compatibility with the surrounding single family residential neighborhood. Date %'i-It 3 71_"-� 6:7 P 0I 00 (3 ® / 6 6 Property identification number PFTiT10N TO THE CITY OF DELRAY BEACH To: The following petition is directed to the members of the Planning and Zoning Board of the City of Delray Beach, Chairperson, Connor Lynch; Clifford Durden; Derline Pierre- Louis; Gerald Franciosa; Craig Spodak; Thuy Shutt; Jan Hansen; and to Paul Dorling, Director of the Planning and Zoning Board. Topic: Request by Delray Place for rezoning of property located at the Southeast corner of Linton Blvd. and Federal Highway. Petition: I, the undersigned, herewith petition the above noted authorities to recommend denial of the request for rezoning of such property referred to commonly as Delray Place, located at the southeast corner of Federal Highway and Linton Blvd., from Planned Office Center (POC) to Special Activities District (SAD) as requested by the applicant, Delray Place through their attorney, Jeffrey Lynn. It is requested that the Planning and Zoning Board and City Staff recommend to the City Commission against such change. I find that the proposed change is not compatible with the surrounding single family community since it would dramatically change the character of our peaceful residential neighborhood into a noisy, (trucks loading and unloading), smell y (garbac ie dum sters disturbing, hectic traffic and intruding commercial area which would subject residents to many nuisances and disturbances related with a retail shopping center use. This would be detrimental to our quality of life and will reduce the market value of our properties. In order to protect the integrity of our single family neighborhood the only course of action is to deny this rezoning application based upon its lack of compatibility with the surrounding single family residential neighborhood. Sign name here Date �) f Zve 5-� 1AKY sc61k. ddress 1.:2- V- �-6A&_,0l oo0 ®l6® Property identification number PETITION TO THE CITY OF DELRAY BEACH To: The following petition is directed to the members of the Planning and Zoning Board of the City of Delray Beach, Chairperson, Connor Lynch; Clifford Durden; Derline Pierre - Louis; Gerald Franciosa; Craig Spodak; Thuy Shutt; Jan Hansen; and to Paul Dorling, Director of the Planning and Zoning Board. Topic: Request by Delray Place for rezoning of property located at the Southeast corner of Linton Blvd. and Federal Highway. Petition: I, the undersigned, herewith petition the above noted authorities to recommend denial of the request for rezoning of such property referred to commonly as Delray Place, located at the southeast corner of Federal Highway and Linton Blvd., from Planned Office Center (POC) to Special Activities District (SAD) as requested by the applicant, Delray Place through their attorney, Jeffrey Lynn. It is requested that the Planning and Zoning Board and City Staff recommend to the City Commission against such change. I find that the proposed change is not compatible with the surrounding single family community since it would dramatically change the character of our peaceful residential neighborhood into a noisy, trucks ioadin and unloading), smelly (garbage dumpsters), disturbing, hectic, (traffic) and _intruding commercial area which would subject residents to many nuisances and disturbances related with a retail shopping center use. This would be detrimental to our quality of life and will reduce the market value of our properties. In order to protect the integrity of our single family neighborhood the only course of action is to deny this rezoning application based upon its lack of compatibility with the surrounding single family residential neighborhood. Z� Sign name here Date /c V r Address Property identification number a00 0/60 PETITION TO THE CITY OF DELRAY BEACH To: The following petition is directed to the members of the Planning and Zoning Board of the City of Delray Beach, Chairperson, Connor Lynch; Clifford Durden; Derfine Pierre - Louis; Gerald Franciosa; Craig Spodak; Thuy Shutt; Jan Hansen; and to Paul Dorling, Director of the Planning and Zoning Board. Topic: Request by Delray Place for rezoning of property located at the Southeast corner of Linton Blvd. and Federal Highway. Petition: I, the undersigned, herewith petition the above noted authorities to recommend denial of the request for rezoning of such property referred to commonly as Delray Place, located at the southeast corner of Federal Highway and Linton Blvd., from Planned Office Center (POC) to Special Activities District (SAD), as requested by the applicant Delray Place, through their attorney, Jeffrey Lynn. It is requested that the Planning and Zoning Board and City Staff recommend to the City Commission against such change. I find that the proposed change is not compatible with the surrounding single family community since it would dramatically change the character of our peaceful residential neighborhood into a noisy, (trucks loading and unloading , smelly (garbage dumpsters), disturbing, hectic, (traffic) and intruding commercial area which would subject residents to many nuisances and disturbances related with a retail shopping center use. This would be detrimental to our quality of life and will reduce the market value of our properties. In order to protect the integrity of our single family neighborhood the only course of action is to deny this rezoning application based upon its lack of compatibility with the surrounding single family residential neighborhood. /;�- � 3 Lt &;L9 0 / 061d 6) �> �6 Address Property identification number PETITION TO THE CITY OF DELRAY BEACH To: The following petition is directed to the members of the Planning and Zoning Board of the City of Delray Beach, Chairperson, Connor Lynch; Clifford Durden; Derline Pierre- Louis; Gerald Franciosa; Craig Spodak; Thuy Shutt; Jan Hansen; and to Paul Dorling, Director of the Planning and Zoning Board. Topic: Request by Delray Place for rezoning of property located at the Southeast comer of Linton Blvd. and Federal Highway. Petition: I, the undersigned, herewith petition the above noted authorities to recommend denial of the request for rezoning of such property referred to commonly as Delray Place, located at the southeast corner of Federal Highway and Linton Blvd., from Planned Office Center (POC) to Special Activities District (SAD), as requested by the applicant Delray Place, through their attorney, Jeffrey Lynn. It is requested that the Planning and Zoning Board and City Staff recommend to the City Commission against such change. I find that the proposed change is not compatible with the surrounding single family community since it would dramatically change the character of our peaceful residential neighborhood into a noisy, trucks loading and unloading), smelly (garbage dumpsters), disturbing, hectic, (traffic) and intruding commercial area which would subject residents to many nuisances and disturbances related with a retail shopping center use. This would be detrimental to our guality of life and will reduce the market value of our prope rnes. In order to protect the integrity of our single family neighborhood the only course of action is to deny this rezoning application based upon its lack of compatibilityXAtJhe surrounding single family residential neighborhood. Sign L Address le'l 6�1��. oat Property identification number PETITION TO THE CITY OF DELRAY BEACH To: The following petition is directed to the members of the Planning and Zoning Board of the City of Delray Beach, Chairperson, Connor Lynch; Clifford Durden; Derline Pierre - Louis; Gerald Franciosa; Craig Spodak; Thuy Shutt; Jan Hansen; and to Paul Dorling, Director of the Planning and Zoning Board. Topic: Request by Delray Place for rezoning of property located at the Southeast corner of Linton Blvd. and Federal Highway. Petition: I, the undersigned, herewith petition the above noted authorities to recommend denial of the request for rezoning of such property referred to commonly as Delray Place, located at the southeast corner of Federal Highway and Linton Blvd., from Planned Office Center (POC) to Special Activities District (SAD), as requested by the applicant Delray Place, through their attorney, Jeffrey Lynn. It is requested that the Planning and Zoning Board and City Staff recommend to the City Commission against such change. I find that the proposed change is not compatible with the surrounding single family community since it would dramatically change_ the character of our peaceful residential neighborhood into a noisy,. (trucks loading and unloading], smelly (garbage dumpsters), disturbing, hectic, (traffic) and intruding commercial area which would subject residents to many nuisances and disturbances related with a retail shopping center use. This would be detrimental to our quality of life and will reduce the market value of our properties. In order to protect the integrity of our single family neighborhood the only course of action is to deny this rezoning application based upon its lack of compatibility with the surrounding single family residential neighborhood. Sign nam ere Date f "__ S '-t- /--I- � -3 'It'l / ® 000 a� Address Property identification number PETITION TO THE CITY OF DELRAY BEACH To: The following petition is directed to the members of the Planning and Zoning Board of the City of Delray Beach, Chairperson, Connor Lynch; Clifford Durden; Derline Pierre - Louis; Gerald Franciosa; Craig Spodak; Thuy Shutt; Jan Hansen; and to Paul Dorling, Director of the Planning and Zoning Board. Topic: Request by Delray Place for rezoning of property located at the Southeast corner of Linton Blvd. and Federal Highway. Petition: I, the undersigned, herewith petition the above noted authorities to recommend denial of the re nest for rezoning of such property referred to commonly as Delray Place, located at the southeast corner of Federal Highway and Linton Blvd., from Planned Office Center (POC) to Special Activities District (SAD), as requested by the applicant Delray Place, through their attorney, Jeffrey Lynn. It is requested that the Planning and Zoning Board and City Staff recommend to the City Commission against such change. I find that the proposed change is not compatible with the surrounding single family community since it would dramatically change the character of our peaceful residential neighborhood into a noisy, (trucks loading and unloading), smelly (garbage dumpsters), disturbing, hectic, (traffic) and intruding commercial area which would subject residents to many nuisances and disturbances related with a retail shopping center use. This would be detrimental to our quality of life and will reduce the market value of our properties. In order to protect the integrity of our single family neighborhood the only course of action is to deny this rezoning application based upon its lack of compatibility with the surrounding single family residential neighborhood. Sign name here ,31 EV i Address Date /�4e_g r 0000 �) ae, Property identification number PETITION TO THE CITY OF DELRAY BEACH To: The following petition is directed to the members of the Planning and Zoning Board of the City of Delray Beach, Chairperson, Connor Lynch; Clifford Durden; Derline Pierre - Louis; Gerald Franciosa; Craig Spodak; Thuy Shutt; Jan Hansen; and to Paul Dorling, Director of the Planning and Zoning Board. Topic: Request by Delray Place for rezoning of property located at the Southeast corner of Linton Blvd. and Federal Highway. Petition: I, the undersigned, herewith petition the above noted authorities to recommend denial of the reciuestfor rezoning of such property referred to commonly as Delray Place, located at the southeast corner of Federal Highway and Linton Blvd., from Planned Office Center (POC) to Special Activities District (SAD), as requested by the applicant Delray Place, through their attorney, Jeffrey Lynn. It is requested that the Planning and Zoning Board and City Staff recommend to the City Commission against such change. I find that the proposed change is not compatible with the surrounding single family community since it would dramatically change the character of our peaceful residential neighborhood into a noisy, (trucks loading and unloading), smelly (garbage dumpsters), disturbing, hectic, (traffic) and intruding commercial area which would subject residents to many nuisances and disturbances related with a retail shopping center use. This would be detrimental to our guality of life and will reduce the market value of our propert ies. In order to protect the integrity of our single family neighborhood the only course of action :is y this rezoning application based upon its lack of compatibility with s o n ing singl"ily residential neighborhood. Sign name here Address Date / )-V3�,c cc"'0 l aC'00 3 9--/ Property identification number PETITION TO THE CITY OF DELRAY BEACH To: The following petition is directed to the members of the Planning and Zoning Board of the City of Delray Beach, Chairperson, Connor Lynch; Clifford Durden; Derline Pierre - Louis; Gerald Franciosa; Craig Spodak; Thuy Shutt, Jan Hansen; and to Paul Dorling, Director of the Planning and Zoning Board. Topic: Request by Delray Place for rezoning of property located at the Southeast corner of Linton Blvd. and Federal Highway. Petition: I, the undersigned, herewith petition the above noted authorities to recommend denial of the re guest for rezonin of such property referred to commonly as Delray Place, located at the southeast corner of Federal Highway and Linton Blvd., from Planned Office Center (POC) to Special Activities District (SAD), as requested by the applicant Delray Place, through their attorney, Jeffrey Lynn. It is requested that the Planning and Zoning Board and City Staff recommend to the City Commission against such change. I find that the proposed change is not compatible with the surrounding single family community since it would dramatically change the character of our peaceful residential neighborhood into a noisy, trucks loading and unloading), smelly (garbage dumpsters), disturbing, hectic, (traffic) and intruding commercial area which would subject residents to many nuisances and disturbances related with a retail shopping center use. This would be detrimental to our quality of life and will reduce the market value of our properties. In order to protect the integrity of our single family neighborhood the only course of action is to deny this rezoning application based upon its lack of compatibility with the surrounding single family residential neighborhood. oM Sign name here Date v1 Address (, Property identification number PETITION TO THE CITY OF DELRAY BEACH To: The following petition is directed to the members of the Planning and Zoning Board of the City of Delray Beach, Chairperson, Connor Lynch; Clifford Durden; Derline Pierre - Louis; Gerald Franciosa; Craig Spodak; Thuy Shutt; Jan Hansen; and to Paul Dorling, Director of the Planning and Zoning Board. Topic: Request by Delray Place for rezoning of property located at the Southeast corner of Linton Blvd. and Federal Highway. Petition: 1, the undersigned, herewith petition the above noted authorities to recommend denial of the request for rezoniga of such property referred to commonly as Delray Place, located at the southeast corner of Federal Highway and Linton Blvd., from Planned Office Center (POC) to Special Activities District (SAD), as requested by the applicant Delray Place, through their attorney, Jeffrey Lynn. It is requested that the Planning and Zoning Board and City Staff recommend to the City Commission against such change. I find that the proposed change is not compatible with the surrounding single family community since it would dramatically change the character of our peaceful residential neighborhood into a noisy. (trucks loading and unloading), smelly (garbage dumpsters), disturbing hectic, (traffic) and intruding commercial area which would subject residents to many nuisances and disturbances related with a retail shopping center use. This would be detrimental to our quality of life and will reduce the market value of our properties. In order to protect the integrity of our single family neighborhood the only course of action is to deny this rezoning application based upon its lack of compatibility with the surrounding single family residential neighborhood. Sign name here Address Date l6- Y-3�-69A0/ 69 000 J2 90 Property identification number PETITION TO THE CITY OF DELRAY BEACH To: The following petition is directed to the members of the Planning and Zoning Board of the City of Delray Beach, Chairperson, Connor Lynch; Clifford Durden; Derline Pierre - Louis; Gerald Franciosa; Craig Spodak; Thuy Shutt; Jan Hansen; and to Paul Dorling, Director of the Planning and Zoning Board. Topic: Request by Delray Place for rezoning of property located at the Southeast corner of Linton Blvd. and Federal Highway. Petition: I, the undersigned, herewith petition the above noted authorities to recommend denial of the request for rezoning of such property referred to commonly as Delray Place, located at the southeast corner of Federal Highway and Linton Blvd., from Planned Office Center (POC) to Special Activities District (SAD), as requested by the applicant Delray Place, through their attorney, Jeffrey Lynn. It is requested that the Planning and Zoning Board and City Staff recommend to the City Commission against such change. I find that the proposed change is not compatible with the surrounding single family community since it would dramatically change the character of our peaceful residential neighborhood into a noisy, (trucks loading and unloading), smelly (garbage dumpsters), disturbing, hectic, (traffic) and intruding commercial area which would subject residents to many nuisances and disturbances related with a retail shopping center use. This would be detrimental to our quality of life and will reduce the market yalue of our prope rnes. In order to protect the integrity of our single family neighborhood the only course of action is to deny this rezoning application based upon its lack of compatibility with the surrounding single family residential neighborhood. Sign name here 'I q Address Date Property identification number PETITION TO THE CITY OF DELRAY BEACH To: The following petition is directed to the members of the Planning and Zoning Board of the City of Delray Beach, Chairperson, Connor Lynch; Clifford Durden; Derline Pierre - Louis; Gerald Franciosa; Craig Spodak; Thuy Shutt; Jan Hansen; and to Paul Dorling, Director of the Planning and Zoning Board. Topic: Request by Delray Place for rezoning of property located at the Southeast corner of Linton Blvd. and Federal Highway. Petition: I, the undersigned, herewith petition the above noted authorities to recommend denial of the request for rezoning of such property referred to commonly as Delray Place, located at the southeast corner of Federal Highway and Linton Blvd., from Planned Office Center (POC) to Special Activities District (SAD), as requested by the applicant Delray Place, through their attorney, Jeffrey Lynn. It is requested that the Planning and Zoning Board and City Staff recommend to the City Commission against such change. I find that the proposed change is not compatible with the surrounding single family community since it would dramatically change the character of our peaceful residential neighborhood into a noisy. (trucks loading and unloadiingL smelly (aarbaae dumpsters), disturbina, hectic, (traffic) and intruding commercial area which would subject residents to many nuisances and disturbances related with a retail shopping center use. This would be detrimental to our quality of life and will reduce the market value of our properties. In order to protect the integrity of our single family neighborhood the only course of action is to deny this rezoning application based upon its lack of compatibility with the surrounding single family residential neighborhood. Sign name here Address Date /:�L �-3V-6 oioc,�2oc)3'.>d Property identification number PETITION TO THE CITY OF DELRAY BEACH To: The following petition is directed to the members of the Planning and Zoning Board of the City of Delray Beach, Chairperson, Connor Lynch; Clifford Durden; Derline Pierre - Louis; Gerald Franciosa; Craig Spodak; Thuy Shutt; Jan Hansen; and to Paul Dorling, Director of the Planning and Zoning Board. Topic: Request by Delray Place for rezoning of property located at the Southeast comer of Linton Blvd_ and Federal Highway. Petition: I, the undersigned, herewith petition the above noted authorities to recommend denial of the re uest for rezoniV2 of such property referred to commonly as Delray Place, located at the southeast corner of Federal Highway and Linton Blvd., from Planned Office Center (POC) to Special Activities District (SAD), as requested by the applicant Delray Place, through their attorney, Jeffrey Lynn. It is requested that the Planning and Zoning Board and City Staff recommend to the City Commission against such change. 1 find that the proposed change is not compatible with the surrounding single family community since it would dramatically change the character of our peaceful residential neighborhood into a noisy, trucks loading and unloading). smelly (aarbage dumpsters), disturbing, hectic, (traffic) and intruding commercial area which would subject residents to many nuisances and disturbances related with a retail shopping center use. This would be detrimental to our quality of life and will reduce the market value of our prop erties. In order to protect the integrity of our single family neighborhood the only course of action is to deny this rezoning application based upon its lack of compatibility with the surrounding single family residential neighborhood. i /t- Sign name he Date Address IA03 V-6 "100-010000930 Property identification number PETITION TO THE CITY OF DELRAY BEACH To: The following petition is directed to the members of the Planning and Zoning Board of the City of Delray Beach, Chairperson, Connor Lynch; Clifford Durden; Derline Pierre - Louis; Gerald Franciosa; Craig Spodak; Thuy Shutt; Jan Hansen; and to Paul Dorling, Director of the Planning and Zoning Board. Topic: Request by Delray Place for rezoning of property located at the Southeast corner of Linton Blvd. and Federal Highway. Petition: I, the undersigned, herewith petition the above noted authorities to recommend denial of the request for rezoning of such property referred to commonly as Delray Place, located at the southeast corner of Federal Highway and Linton Blvd., from Planned Office Center (POC) to Special Activities District (SAD), as requested by the applicant Delray Place, through their attorney, Jeffrey Lynn. It is requested that the Planning and Zoning Board and City Staff recommend to the City Commission against such change. I find that the proposed change is not compatible with the surrounding single family community since it would dramatically change the character of our peaceful residential neighborhood into a noisy, (trucks loading and unloading), smelly (garbage dumpsters), disturbing, hectic, (traffic) and intruding commercial area which would subject residents to many nuisances and disturbances related with a retail shopping center use. This would be detrimental to our guallity of life and will reduce the market value of our properties. In order to protect the integrity of our single family neighborhood the only course of action is to deny this rezoning application based upon its lack of compatibility with the surrounding single family residential neighborhood. /o� l� Sign name here Date qy� sthe S101- Address /"� V3 C 0( 0 00 a 3 6 6 Property identification number PETITION TO THE CITY OF DELRAY BEACH To: The following petition is directed to the members of the Planning and Zoning Board of the City of Delray Beach, Chairperson, Connor Lynch; Clifford Durden; Derline Pierre - Louis, Gerald Franciosa; Craig Spodak; Thuy Shutt; Jan Hansen; and to Paul Dorling, Director of the Planning and Zoning Board. Topic: Request by Delray Place for rezoning of property located at the Southeast corner of Linton Blvd. and Federal Highway. Petition: I, the undersigned, herewith petition the above noted authorities to recommend denial of the request for rezoning of such property referred to commonly as Delray Place, located at the southeast comer of Federal Highway and Linton Blvd., from Planned Office Center (POC) to Special Activities District (SAD), as requested by the applicant Delray Place, through their attorney, Jeffrey Lynn. It is requested that the Planning and Zoning Board and City Staff recommend to the City Commission against such change. I find that the proposed change is not compatible with the surrounding single family community since it would dramatically change the character of our peaceful residential neighborhood into a noisy, (trucks loading and unloading), smelly (garbage dumpsters), disturbing, hectic, (trafficY and intruding commercial area which would subject residents to many nuisances and disturbances related with a retail shopping center use. This would be detrimental to our quality-of life and will reduce the market value of our prope rnes. In order to protect the integrity of our single family neighborhood the only course of action is to deny this rezoning application based upon its lack of compatibility with the surrounding single family residential neighborhood. Sign name here Date Address Property identification number PETITION TO THE CITY OF DELRAY BEACH To: The following petition is directed to the members of the Planning and Zoning Board of the City of Delray Beach, Chairperson, Connor Lynch; Clifford Durden; Derline Pierre - Louis; Gerald Franciosa; Craig Spodak; Thuy Shutt; Jan Hansen; and to Paul Dorling, Director of the Planning and Zoning Board. Topic: Request by Delray Place for rezoning of property located at the Southeast corner of Linton Blvd. and Federal Highway. Petition: I, the undersigned, herewith petition the above noted authorities to recommend denial of the re guest for rezoning of such property referred to commonly as Delray Place, located at the southeast corner of Federal Highway and Linton Blvd., from Planned Office Center (POC) to Special Activities District (SAD), as requested by the applicant Delray Place, through their attorney, Jeffrey Lynn. It is requested that the Planning and Zoning Board and City Staff recommend to the City Commission against such change. I find that the proposed change is not compatible with the surrounding single family community since it would dramatically change the character of our peaceful residential neighborhood into a noisy, (trucks loading and unloading), smelly {garbage dumpsters), disturbing, hectic, (traffic) intruding commercial area which would subject residents to many nuisances and disturbances related with a retail shopping center use. This would be detrimental to our cluality of life and will reduce the market value of our properties. In order to protect the integrity of our single family neighborhood the only course of action is to deny this rezoning application based upon its lack of compatibility with the surrounding single family residential neighborhood. name here Date Address Pr rty identification number /&Y-13 �_6 o f 0 0 003sv PETITION TO THE CITY OF DELRAY BEACH To: The following petition is directed to the members of the Planning and Zoning Board of the City of Delray Beach, Chairperson, Connor Lynch; Clifford Durden; Derline Pierre - Louis; Gerald Franciosa; Craig Spodak; Thuy Shutt; Jan Hansen; and to Paul Dorling, Director of the Planning and Zoning Board. Topic: Request by Delray Place for rezoning of property located at the Southeast corner of Linton Blvd. and Federal Highway. Petition: 1, the undersigned, herewith petition the above noted authorities to recommend denial of the request for rezoning of such property referred to commonly as Delray Place, located at the southeast corner of Federal Highway and Linton Blvd., from Planned Office Center (POC) to Special Activities District (SAD) as requested by the applicant, Delray Place through their attorney, Jeffrey Lynn. It is requested that the Planning and Zoning Board and City Staff recommend to the City Commission against such change. I find that the proposed change is not compatible with the surrounding single family community since it would dramatically change the character of our peaceful residential neighborhood into a noisy, (trucks loading and unloading), smelly (garbage dumpsters), disturbing, hectic.. (traffic) and intruding commercial area which would subject residents to many nuisances and disturbances related with a retail shopping center use. This would be detrimental to our quality of life and will reduce the market value of our properties. In order to protect the integrity of our single family neighborhood the only course of action is to deny this rezoning application based upon its lack of compatibility with the surrounding single family residential neighborhood. f Sign name here ��/ S_t� Address 46 Date Property identification number PETITION TO THE CITY OF DELRAY BEACH To: The following petition is directed to the members of the Planning and Zoning Board of the City of Delray Beach, Chairperson, Connor Lynch; Clifford Durden; Derline Pierre - Louis-, Gerald Franciosa; Craig Spodak; Thuy Shutt; Jan Hansen; and to Paul Dorling, Director of the Planning and Zoning Board. Topic: Request by Delray Place for rezoning of property located at the Southeast corner of Linton Blvd. and Federal Highway. Petition: 1, the undersigned, herewith petition the above noted authorities to recommend denial of the request for rezoning of such property referred to commonly as Delray Place, located at the southeast corner of Federal Highway and Linton Blvd., from Planned Office Center (POC) to Special Activities District (SAD), as requested by the applicant Delray Place, through their attorney, Jeffrey Lynn. It is requested that the Planning and Zoning Board and City Staff recommend to the City Commission against such change. I find that the proposed change is not compatible with the surrounding single family community since it would dramatically chancle the character of our peaceful residential neighborhood into a noisy, trucks loading and unloading), smelly (garbage dumpsters), disturbing, hectic, (traffic) and intruding commercial area which would subject residents to many nuisances and disturbances related with a retail shopping center use. This would be detrimental to our quality of life and will reduce the market value of our properties. In order to protect the integrity of our single family neighborhood the only course of action is to deny this rezoning application based upon its lack of compatibility with the surrounding single family residential neighborhood. w 4L C�_J �o6 L_x" Sign name here Date / 6) C70 0 3—C-0 LZT� 3_'9� Address Property identification number PETITION TO THE CITY OF DELRAY BEACH To: The following petition is directed to the members of the Planning and Zoning Board of the City of Delray Beach, Chairperson, Connor Lynch; Clifford Durden; Derline Pierre - Louis; Gerald Franciosa; Craig Spodak; Thuy Shutt; Jan Hansen; and to Paul Dorling, Director of the Planning and Zoning Board. Topic: Request by Delray Place for rezoning of property located at the Southeast comer of Linton Blvd. and Federal Highway. Petition: I, the undersigned, herewith petition the above noted authorities to recommend denial of the request for rezoning of such property referred to commonly as Delray Place, located at the southeast corner of Federal Highway and Linton Blvd., from Planned Office Center (POC) to Special Activities District (SAD), as requested by the applicant Delray Place, through their attorney, Jeffrey Lynn. It is requested that the Planning and Zoning Board and City Staff recommend to the City Commission against such change. I find that the proposed change is not compatible with the surrounding single family community since it would dramatically thane the character of our peaceful residential neighborhood into a noisy, trucks loading and unloading), smelly (garbage dumpsters), disturbing, hectic, (traffic) and intruding commercial area which would subject residents to many nuisances and disturbances related with a retail shopping center use. This would be detrimental to our quality of life and will reduce the market value of our properties. In order to protect the integrity of our single family neighborhood the only course of action is to deny this rezoning application based upon its lack of compatibility with the surrounding single family residential neighborhood. Sign name here Address /(-) h -,/12 - Date Property identification number PETITION TO-THP CITY OF DELR" BEACH To: The following petition is directed to the members of the Planning and Zoning Board of the City of Delray Beach, Chairperson, Connor Lynch; Clifford Durden; Derline Pierre- Louis; Gerald Franciosa; Craig Spodak; Thuy Shutt; Jan Hansen; and to Paul Dorling, Director of the Planning and Zoning Board. Topic: Request by Delray Place for rezoning of property located at the Southeast corner of Linton Blvd. and Federal Highway. Petition: I, the undersigned, herewith petition the above noted authorities to recommend denial of the request for rezoning of such property referred to commonly as Delray Place, located at the southeast corner of Federal Highway and Linton Blvd., from Planned Office Center (POC) to Special Activities District (SAD) as requested by the applicant, Delray Place through their attorney, Jeffrey Lynn. It is requested that the Planning and Zoning Board and City Staff recommend to the City Commission against such change. I find that the proposed change is not compatible with the surrounding single family community since it would dramatically change the character of our peaceful residential neighborhood into a noisy, (trucks loading and unloading), smell (garbage dum sters disturbing, hectic (traffic)_ and intruding commercial area which would subject residents to many nuisances and disturbances related with a retail shopping center use. This would be detrimental to our guali!Y of life and will reduce the market value of our properties. In order to protect the integrity of our single family neighborhood the only course of action is to deny this rezoning application based upon its lack of compatibility with the surrounding single family residential neighborhood. /0--, o - ) Sign name here - Date Address /� H 6 aff_ -; 'dd 0 a0 A(9 Property identification number PETITION TO THE CITY OF DELRAY BEACH To. The following petition is directed to the members of the Planning and Zoning Board of the City of Delray Beach, Chairperson, Connor Lynch; Clifford Durden; Derline Pierre - Louis; Gerald Franciosa; Craig Spodak; Thuy Shutt; Jan Hansen; and to Paul Dorling, Director of the Planning and Zoning Board. Topic; Request by Delray Place for rezoning of property located at the Southeast corner of Linton Blvd. and Federal Highway. I, the undersigned, herewith petition the above noted authorities to recommend denial of the request for rezoning of such property referred to commonly as Delray Place, located at the southeast corner of Federal Highway and Linton Blvd., from Planned Office Center (POC) to Special Activities District (SAD) as requested by the applicant, Delray Place through their attorney, Jeffrey Lynn_ It is requested that the Planning and Zoning Board and City Staff recommend to the City Commission against such change. I find that the proposed change is not compatible with the surrounding single family community since it would dramatically. change the character of our peaceful residential neighborhood into a noises _(trucks ,loading and unloadingl, smelly (garbage dumpsters), disturbing, hectic, (traffic) and intruding commercial area which would subject residents to many nuisances and disturbances related with a retail shopping center use. This would be detrimental to our uali!y of life and will reduce the market value of our properties. In order to protect the integrity of our single family neighborhood the only course of action is to deny this rezoning application based upon its lack of compatibility with the surrounding single family residential neighborhood. Sign ame re Date 1117 �-116 / 0 / M L 6-4 k V G'T- DI cL /' /X-1 "* Address 5-3 4 5'3 Property identification number PETITION TO THE CITY OF DELRAY To: The following petition is directed to the members of the Planning and Zoning Board of the City of Delray Beach, Chairperson, Connor Lynch; Clifford Durden; Derline Pierre - Louis; Gerald Franciosa; Craig Spodak; Thuy Shutt; Jan Hansen; and to Paul Dorling, Director of the Planning and Zoning Board. Topic: Request by Delray Place for rezoning of property located at the Southeast corner of Linton Blvd. and Federal Highway. Petition: 1, the undersigned, herewith petition the above noted authorities to recommend denial of the request for rezoning of such property referred to commonly as Delray Place, located at the southeast corner of Federal Highway and Linton Blvd., from Planned Office Center (POC) to Special Activities District (SAD) as requested by the applicant, Delray Place through their attorney, Jeffrey Lynn. It is requested that the Planning and Zoning Board and City Staff recommend to the City Commission against such change. I find that the proposed change is not compatible with the surrounding single family community since it would dramatically change the character of our peaceful residential neighborhood into a noisy, (trucks loading and unloading), smelly Igarbage durn sters disturbing, hectic traffic and iintrudin commercial area which would subject residents to many nuisances and disturbances related with a retail shopping center use. This would be detrimental to our quality of life and will reduce the market value of our properties. In order to protect the integrity of our single family neighborhood the only course of action is to deny this rezoning application based upon its lack of compatibility with the surrounding single family residential neighborhood. va4" Sign name here Address �- Q �o Date 6- H �_g 0000 t3o TLI Property identification number PETITION TOTHE CITY OF DELRAY BEACH To: The following petition is directed to the members of the Planning and Zoning Board of the City of Delray Beach, Chairperson, Connor Lynch; Clifford Durden; Derline Pierre - Louis; Gerald Franciosa; Craig Spodak; Thuy Shutt; Jan Hansen; and to Paul Dorling, Director of the Planning and Zoning Board. Topic: Request by Delray Place for rezoning of property located at the Southeast corner of Linton Blvd. and Federal Highway. I, the undersigned, herewith petition the above noted authorities to recommend denial of the reguest_for rezoning of such property referred to commonly as Delray Place, located at the southeast corner of Federal Highway and Linton Blvd., from Planned Office Center (POC) to Special Activities District (SAD) as requested by the applicant, Delray Place through their attorney, Jeffrey Lynn. It is requested that the Planning and Zoning Board and City Staff recommend to the City Commission against such change. I find that the proposed change is not compatible with the surrounding single family community since it would dramatically change the character of our peaceful residential neighborhood into a n ®is , (trucks loading and unloading), smell (garbage durn stern disturbing, hectic traffic and intruding commercial area which would subject residents to many nuisances and disturbances related with a retail shopping center use. This would be detrimental to our quality of life and will reduce the market value of our Rroperties. In order to protect the integrity of our single family neighborhood the only course of action is to deny this rezoning application based upon its lack of compatibility with the surrounding single family residential neighborhood. 1-1 4 >1 - Date � 3 �-e 130 r) /' C Property identification number PETITION 10 THE CITY OF DELRAY BEACH To. The following petition is directed to the members of the Planning and Zoning Board of the City of Delray Beach, Chairperson, Connor Lynch; Clifford Durden; Derline Pierre - Louis; Gerald Franciosa; Craig Spodak; Thuy Shutt; Jan Hansen; and to Paul Dorling, Director of the Planning and Zoning Board. Topic: Request by Delray Place for rezoning of property located at the Southeast corner of Linton Blvd. and Federal Highway. Petition; I, the undersigned, herewith petition the above noted authorities to recommend denial of the request for rezoning of such property referred to commonly as Delray Place, located at the southeast corner of Federal Highway and Linton Blvd., from Planned Office Center (POC) to Special Activities District (SAD) as requested by the applicant, Delray Place through their attorney, Jeffrey Lynn. It is requested that the Planning and Zoning Board and City Staff recommend to the City Commission against such change. I find that the proposed change is not compatible with the surrounding single family community since it would dramatically change the character of our peaceful residential neighborhood into a noisy, (trucks loading and unloading), smell (garbage dum sters disturbing, hectic traffic and intrudin commercial area which would subject residents to many nuisances and disturbances related with a retail shopping center use. This would be detrimental to our guality of life and will reduce the market value of our properties. In order to protect the integrity of our single family neighborhood the only course of action is to deny this rezoning application based upon its lack of compatibility with the surrounding single family residential neighborhood. Sign name here b ,address S Y $3 Date T Property identification number PETITION TO THE CITY OF DELRAY BEACH To: The following petition is directed to the members of the Planning and Zoning Board of the City of Delray Beach, Chairperson, Connor Lynch; Clifford Durden; Derline Pierre - Louis; Gerald Franciosa; Craig Spodak; Thuy Shutt; Jan Hansen; and to Paul Dorling, Director of the Planning and Zoning Board. Topic: Request by Delray Place for rezoning of property located at the Southeast corner of Linton Blvd. and Federal Highway. Petition: I, the undersigned, herewith petition the above noted authorities to recommend denial of the request for rezoning of such property referred to commonly as Delray Place, located at the southeast corner of Federal Highway and Linton Blvd., from Planned Office Center (POC) to Special Activities District (SAD) as requested by the applicant, Delray Place through their attorney, Jeffrey Lynn. It is requested that the Planning and Zoning Board and City Staff recommend to the City Commission against such change. I find that the proposed change is not compatible with the surrounding single family community since it would dramatically change the character of our peaceful residential neighborhood into a noisy, (trucks loading and unloading), smelly figarbage duan stern disturbing, hectic traffic and intruding commercial area which would subject residents to many nuisances and disturbances related with a retail shopping center use. This would be detrimental to our gualibEof life and will reduce the market value of our properties. In order to protect the integrity of our single family neighborhood the only course of action is to deny this rezoning application based upon its lack of compatibility with the surrounding single family residential neighborhood. 6j,1(, 41 Si n name here Address /P 1/1 � LL Date � ? ; , f 0000 f ;� 0 al'� kc.zle 6*//3 Property identification number PETITION TO THE CITY OF DELRAY BEACH To The following petition is directed to the members of the Planning and Zoning Board of the City of Delray Beach, Chairperson, Connor Lynch; Clifford Durden; Derline Pierre- Louis; Gerald Franciosa; Craig Spodak; Thuy Shutt; Jan Hansen; and to Paul Dorling, Director of the Planning and Zoning Board. Topic: Request by Delray Place for rezoning of property located at the Southeast corner of Linton Blvd. and Federal Highway. Petition: I, the undersigned, herewith petition the above noted authorities to recommend denial of the re oast for rezoning of such property referred to commonly as Delray Place, located at the southeast corner of Federal Highway and Linton Blvd., from Planned Office Center (POC) to Special Activities District (SAD) as requested by ft applicant, Delray Place through their attorney, Jeffrey Lynn. t is requested that the Planning and Zoning Board and City Staff recommend to the -e°a?=s^°� 5..Mon °€� is% Y was h a°-?^�. p -n ' that the � � ate le -- ���.�----- .- _� €. -�_ �__�_,.�3 _, �.��sa�� == - -- _�ie �'1,-- ��d change E� �� �� � -- vAL t the surrounding single family community since it would dramatir llv - -n�� t �rz. ? _r ucks _ c " p rh r – mv rm r^7 ------ __1 re-den i € °' s t Y*sc- nois & smelly f€�a -bage jum stersh distffi�a bin g, hectic (traffic) and intruding vv ---s, r'.'°€ a�ar•xa ±� ��;? �,r �g residents r4 :use :�: gip`g ,r+r e• _nA 4— °r g F_ -rnl with a retail shopping center use. This would be detrimental to our quali of life and j" in --i— to protect the Integrity of our single family neighborhood the only ny this rezoning an 1r-ation based upon its lack Off compatibility with the surrounding single family residential neighborhood PETITION TO THE CITY OF 1 BEACH To: The following petition is directed to the members of the Planning and Zoning Board of the City -of Delray Beach, Chairperson, Connor Lynch; Clifford Durden; Derline Pierre - Louis; Gerald Franciosa; Craig Spodak; Thuy Shutt; Jan Hansen, and to Paul Dorling, Director of the Planning and Zoning Board. Topic: Request by Delray Place for rezoning of property located at the Southeast corner of Linton Blvd. and Federal Highway. Petition: I, the undersigned, herewith petition the above noted authorities to recommend denial of the request for rezoning of such property referred to commonly as Delray Place, located at the southeast corner of Federal Highway and Linton Blvd., from Planned Office Center (POC) to Special Activities District (SAD) as requested by the applicant, Delray Place through their attorney, Jeffrey Lynn. It is requested that the Planning and Zoning Board and City Staff recommend to the City Commission against such change. I find that the proposed change is not compatible with the surrounding single family community since it would dramatically change the character of our peaceful residential neighborhood into a noisy, iTtrucks loading and unloa linal. smell (garbage dum stern disturbing., hectic (traffic) and intruding commercial area which would subject residents to many nuisances and disturbances related with a retail shopping center use. This would be detrimental to our duality of life and will reduce the market value of our properties. In order to protect the integrity ,: family neighborhood course of action is to deny this rezoning appllication based upon its lack of compatibility with the surrounding single family residential neighborhood. �___T' 1 V Sign name here c - 3 _%9 Address Date Property identification number PETITION TO THE CITY OF DELRAY BEACH To: The following petition is directed to the members of the Planning and Zoning Board of the City of Delray Beach, Chairperson, Connor Lynch; Clifford Durden; Derline Pierre - Louis; Gerald Franciosa; Craig Spodak; Thuy Shutt; Jan Hansen; and to Paul Dorling, Director of the Planning and Zoning Board. Topic: Request by Delray Place for rezoning of property located at the Southeast corner of Linton Blvd. and Federal Highway. Petition: I, the undersigned, herewith petition the above noted authorities to recommend denial of the re nest for rezoninq of such property referred to commonly as Delray Place, located at the southeast corner of Federal Highway and Linton Blvd., from Planned Office Center (POC) to Special Activities District (SAD) as requested by the applicant, Delray Place through their attorney, Jeffrey Lynn. It is requested that the Planning and Zoning Board and City Staff recommend to the City Commission against such change. I find that the proposed change is not compatible with the surrounding single family community since it would dramatically change the character of our peaceful residential neighborhood into a noisy, (trucks loading and unloading), smelly (garbage dumpsters), disturbing, hectic, (traffic) and intruding commercial area which would subject residents to many nuisances and disturbances related with a retail shopping center use. This would be detrimental to our quality of life and will reduce the market value of our properties. In order to protect the integrity of our single family neighborhood the only course of action is to deny this rezoning application based upon its lack of compatibility with the surrounding single family residential neighborhood. Address Date (n1 e 00 CT l' 0 Property identification number PETITION TO THE CITY OF DELRAY BEACH To. The following petition is directed to the members of the Planning and Zoning Board of the City of Delray Beach, Chairperson, Connor Lynch; Clifford Durden; Derline Pierre - Louis; Gerald Franciosa; Craig Spodak; Thuy Shutt; Jan Hansen; and to Paul Dorling, Director of the Planning and Zoning Board. Topic: Request by Delray Place for rezoning of property located at the Southeast corner of Linton Blvd. and Federal Highway. Petition; I, the undersigned, herewith petition the above noted authorities to recommend denial of the request for rezoning of such property referred to commonly as Delray Place, located at the southeast corner of Federal Highway and Linton Blvd., from Planned Office Center (POC) to Special Activities District (SAD) as requested by the applicant, Delray Place through their attorney, Jeffrey Lynn. It is requested that the Planning and Zoning Board and City Staff recommend to the City Commission against such change. I find that the proposed change is not compatible with the surrounding single family community since it would dramatically change the character of our peaceful residential neighborhood into a noisy, trucks loading and unloading), smell arba a dum stern disturbing, hectic traffic and intruding] commercial area which would subject residents to many nuisances and disturbances related with a retail shopping center use. This would be detrimental to our quality of life and will reduce the market value of our properties. In order to protect the integrity of our single family neighborhood the only course of action is to deny this rezoning application based upon its lack of compatibility with the surrounding single family residential neighborhood. Sig - na a here Date ; `� ae-0 ! 0000 /X0 L &/I T y. E � � Address Property identification number 1: To. The following petition is directed to the members of the Planning and Zoning Board of the City of Defray Beach, Chairperson, Connor Lynch; Clifford Durden; Derline Pierre - Louis; Gerald Franciosa; Craig Spodak; Thuy Shutt; Jan Hansen; and to Paul Dorling, Director of the Planning and Zoning Board. Topic; Request by Delray Place for rezoning of property located at the Southeast comer of Linton Blvd. and Federal Highway. I, the undersigned, herewith petition the above noted authorities to recornrnend denial of the request for rezoning of such property referred to commonly as Delray Place, located at the southeast corner of Federal Highway and Linton Blvd., from Planned Office Center (POC) to Special Activities District (SAD) as requested by the applicant, Delray Place through their attorney, Jeffrey Lynn. It is requested that the Planning and Zoning Board and City Staff recommend to the City Commission against such change. I find that the proposed change is not compatible with the surrounding single family community since it would dramatically change the character of our peaceful residential neighborhood into a noisy, (trucks loading and unloading), smelly (garbage durnoters), disturbing, hectic, [traffic) . and intruding commercial area which would subject residents to many nuisances and disturbances related with a retail shopping center use. This would be detrimental to our guality of life and will reduce the market value of our properties. In order to protect the integrity of our single family neighborhood the only course of action is to deny this rezoning application based upon its lack of compatibility with the surrounding single family residential neighborhood. 31...�€:_,1V'i. _G'°1__��': P �a...`a,"�rst -sw.. �..�° '� P�..✓ 6 Sig name here Date _._ 1�-q3 006)0 /r0 Address Property identification number MOO To. The following petition is directed to the members of the Planning and Zoning Board of the City of Delray Beach, Chairperson, Connor Lynch; Clifford Durden; Derline Pierre - Louis; Gerald Franciosa; Craig Spodak; Thuy Shutt; Jan Hansen; and to Paul Dorling, Director of the Planning and Zoning Board. Topic: Request by Delray Place for rezoning of property located at the Southeast corner of Linton Blvd. and Federal Highway. _>; ;,; I, the undersigned, herewith petition the above noted authorities to recommend denial of the re guest for rezoning of such property referred to commonly as Delray Place, located at the southeast corner of Federal Highway and Linton Blvd., from Planned Office Center (POC) to Special Activities District (SAD) as requested by the applicant, Delray Place through their attorney, Jeffrey Lynn. It is requested that the Planning and Zoning Board and City Staff recommend to the City Commission against such change. I find that the proposed change is not compatible with the surrounding single family community since it would dramatically change the character of our peaceful residential neighborhood into a noisy, (trucks loading and unloading), smelly (garbage dumpsters), disturbing, hectic, (traffic) and intruding commercial area which would subject residents to many nuisances and disturbances related with a retail shopping center use. This would be detrimental to our quality of life and will reduce the market value of our properties. In order to protect the integrity of our single family neighborhood the only course of action is to deny this rezoning application based upon its lack of compatibility with the surrounding single family residential neighborhood. Sign name hew- e Date �Z2. 2 I Address Property identification number PETITION TO THE CITY OF DELRAY BEACH To: The following petition is directed to the members of the Planning and Zoning Board of the City of Delray Beach, Chairperson, Connor Lynch; Clifford Durden; Derline Pierre - Louis; Gerald Franciosa; Craig Spodak; Thuy Shutt; Jan Hansen; and to Paul Dorling, Director of the Planning and Zoning Board. Topic: Request by Delray Place for rezoning of property located at the Southeast corner of Linton Blvd. and Federal Highway. 1, the undersigned, herewith petition the above noted authorities to recommend denial of the request for rezoning of such property referred to commonly as Delray Place, located at the southeast corner of Federal Highway and Linton Blvd., from Planned Office Center (POC) to Special Activities District (SAD) as requested by the applicant, Delray Place through their attorney, Jeffrey Lynn. It is requested that the Planning and Zoning Board and City Staff recommend to the City Commission against such change. I find that the proposed change is not compatible with the surrounding single family community since it would drarna_t cally change the character of our peaceful residential neighborhood into a noisy,- _$tr_uc)cs__loading and unloading), smelly (garbage durnpsters), disturbing, hectic, (traffic) and intruding commercial area which would subject residents to many nuisances and disturbances related with a retail shopping center use. This would be detrimental to our qua!!bLqf life and will reduce the market value of our properties. In order to protect the integrity of our single family neighborhood the only course of action is to deny this rezoning application based upon its lack of compatibility with the surrounding single family residential neighborhood. 4 IL Sign name here Address S Date Property identification number PETITION TO THE CITY OF `` 1! A BEACH Tor The following petition is directed to the members of the Planning and Zoning Board of the City of Delray Beach, Chairperson, Connor Lynch; Clifford Durden; Derline Pierre - Louis; Gerald Franciosa; Craig Spodak; Thuy Shutt; Jan Hansen; and to Paul Dorling, Director of the Planning and Zoning Board. Topic., Request by Delray Place for rezoning of property located at the Southeast corner of Linton Blvd. and Federal Highway. I, the undersigned, herewith petition the above noted authorities to recommend denial of the request for rezoning of such property referred to commonly as Delray Place, located at the southeast corner of Federal Highway and Linton Blvd., from Planned Office Center (POC) to Special Activities District (SAD) as requested by the applicant, Delray Place through their attorney, Jeffrey Lynn. It is requested that the Planning and Zoning Board and City Staff recommend to the City Commission against such change. I find that the proposed change is not compatible with the surrounding single family community since it would dramatically change the character of our peaceful residential neighborhood into a noisy, (trucks loading and unloading), smelly (garbage dumpsters), disturbing, hectic, (traffic) and intruding commercial area which would subject residents to many nuisances and disturbances related with a retail shopping center use. This would be detrimental to our quality of life and will reduce the market value of our properties. In order to protect the integrity of our single family neighborhood the only course of action is to deny this rezoning application based upon its lack of compatibility with the surrounding single family residential neighborhood. Sign name here Date Address � V 7 -6r Property identification number PETITION TO THE CITY OF DELRAY BEACH To: The following petition is directed to the members of the Planning and Zoning Board of the City of Delray Beach, Chairperson, Connor Lynch; Clifford Durden; Derline Pierre - Louis; Gerald Franciosa; Craig Spodak; Thuy Shutt; Jan Hansen; and to Paul Dorling, Director of the Planning and Zoning Board. Topic: Request by Delray Place for rezoning of property located at the Southeast corner of Linton Blvd. and Federal Highway. Petition: I, the undersigned, herewith petition the above noted authorities to recommend denial of the re nest for rezoning of such property referred to commonly as Delray Place, located at the southeast corner of Federal Highway and Linton Blvd., from Planned Office Center (POC) to Special Activities District (SAD) as requested by the applicant, Delray Place through their attorney, Jeffrey Lynn. It is requested that the Planning and Zoning Board and City Staff recommend to the City Commission against such change. I find that the proposed change is not compatible with the surrounding single family community since it would dramatically change the character of our peaceful residential neighborhood into a noisy, (trucks loading and unloading), smelly (garbage dumpsters , disturbing, hectic, (traffic) and intruding commercial area which would subject residents to many nuisances and disturbances related with a retail shopping center use. This would be detrimental to our quality of life and will reduce the market value of our properties. In order to protect the integrity of our single family neighborhood the only course of action is to deny this rezoning application based upon its lack of compatibility with the surrounding single family residential neighborhood. i T , sio name here Date C /1-1 � �% s Address Property identification number o► To: The following petition is directed to the members of the Planning and Zoning Board of the City of Delray Beach, Chairperson, Connor Lynch; Clifford Durden; Derline Pierre- Louis; Gerald Franciosa; Craig Spodak; Thuy Shutt; Jan Hansen; and to Paul Dorliing, Director of the Planning and Zoning Board. Topic: Request by Delray Place for rezoning of property located at the Southeast corner of Linton Blvd. and Federal Highway. I, the undersigned, herewith petition the above noted authorities to recommend denial of the re nest for rezoning of such property referred to commonly as Delray Place, located at the southeast corner of Federal Highway and Linton Blvd., from Planned Office Center (P ®C) to Special Activities District (SAD) as requested by the applicant, Delray Place through their attorney, Jeffrey Lynn. It is requested that the Planning and Zoning Board and City Staff recommend to the City Commission against such change. I find that the proposed change is not compatible with the surrounding single family community since it would drarnatically change the character of our peaceful residential neighborhood into a noisy, (trucks loading and unloading), smelly (garbage durnpsters), disturbing, hectic, (traffic) and intruding commercial area which would subject residents to many nuisances and disturbances related with a retail shopping center use. This would be detrimental to our quality of life and will reduce the market value of our properties. In order to protect the integrity of our single family neighborhood the only -.ourse of action is to deny this rezoning application based compatibift with the surrounding single family residential neighborhood. Sign name here JLVb -I Address -to -� Date Property identification number PETITION BEACH TO THE CITY OF DELRAY To. The following petition is directed to the members of the Planning and Zoning Board of the City of Delray Beach, Chairperson, Connor Lynch; Clifford Durden; Derline Pierre - Louis; Gerald Franciosa; Craig Spodak; Thuy Shutt; Jan Hansen; and to Paul Dorling, Director of the Planning and Zoning Board. Topic: Request by Delray Place for rezoning of property located at the Southeast corner of Linton Blvd. and Federal Highway. Petition 1, the undersigned, herewith petition the above noted authorities to recommend denial of the request for rezoning of such property referred to commonly as Delray Place, located at the southeast corner of Federal Highway and Linton Blvd., from Planned Office Center (POC) to Special Activities District (SAD) as requested by the applicant, Delray Place through their attorney, Jeffrey Lynn. It is requested that the Planning and Zoning Board and City Staff recommend to the City Commission against such change. I find that the proposed change is not compatible with the surrounding single family community since it would dramatically change the character of our peaceful residential neighborhood into a noisy, trucks loading. and unloading), smell (garbage dumpstersb disturbing, hectic traffic and intruding commercial area which would subject residents to many nuisances and disturbances related with a retail shopping center use. This would be detrimental to our guallty of life and will reduce the market value of our properties. C_ k__\ Address Property identification number BEACH PETITION TO THE CITY OF DELRAY To: The following petition is directed to the members of the Planning and Zoning Board of the City of Delray Beach, Chairperson, Connor Lynch; Clifford Durden; Derline Pierre - Louis; Gerald Franciosa; Craig Spodak; Thuy Shutt; Jan Hansen; and to Paul Dorling, Director of the Planning and Zoning Board. Topic: Request by Delray Place for rezoning of property located at the Southeast corner of Linton Blvd. and Federal Highway. Petition: I, the undersigned, herewith petition the above noted authorities to recommend denial of the request for rezoning of such property referred to commonly as Delray Place, M—r-ted at the southeast corner of Federal Highway and Linton Blvd., from Planned Office t __+ Center to Special r�vig r- ri 9r (SAD) as requested by the applicant, !Trap. It is requested that the Plan ;rig aid Zoning Board and City Staff recommend to the 6.@.y g':_'�;�•�`:':.. 1 - - �� find that ah proposed ctan s is not - g� - _PHU :.,.- .-: - - -' - az € ?u.. c��?�P y:va }�aa • -_'a _� -- _ �• Via- - a,w - �ri,aa_�@� �� m=£ f .€ 'the surl-ouind'Ing € ?F � � z 4 � a r miaik agey Lh--�e �Y �Ea= ___ _ a. �...•.__- v5 °EwP -- _3Sia.a'a €'4i's3es ur,102dinal sr-neli (garbage dumpsteral. disturbing. hec%i tra `c' and intruding ems= __ _ _ _ _�� e•0.1r_ a a,�r = == with a retail shopping center use. This would be detrimental to our quality of life and will reduce the market value of seer Propertiest. In order to protect the integrity of our single f mIly neighborhood the only n, �s �J Ak Ems s "nmv i— "d� EY9 i`5 sfi'�v EEem S'� ' _ _ _ _ _ t P Ino -.0041 n easel upon A lack of compatibill"Ity with a surround ng mingle family residential neighborhood. Sign n me here - Date r Address Property identification number PETITION TO THE CITY OF DELRAY BEACH To: The following petition is directed to the members of the City Commission of the City of Delray Beach, Mayor, Nelson S. MCDuffie; Vice -Mayor Thomas Carney; Deputy Vice- Mayor, Adam Frankel; Commissioner, Angeleta Grey; and Commissioner, Al Jacquet. Topic. Request by Delray Place for rezoning of property located at the Southeast corner of Linton Blvd. and Federal Highway. Petition: I, the undersigned, herewith petition the above noted authorities to deny the request for rezoning of such property referred to commonly as Delray Place, located at the southeast corner of Federal Highway and Linton Blvd., from Planned Office Center (POC) to Special Activities District (SAD), as requested by the applicant Delray Place, through their attorney, Jeffrey Lynn. I find that the proposed change is not compatible with the surrounding single family community since it would dramatically change the character of our peaceful residential neighborhood into a noisy, (trucks loading and unloading), smelly (garbage dumpsters), disturbing, hectic, (traffic) and intruding commercial area which would subject residents to many nuisances and disturbances related with a retail shopping center use. This would be detrimental to our gual of _life and will reduce the market value of our properties. In order to protect the integrity of our single family neighborhood the only course of action is to deny this rezWjng application based upon its lack of compatibility with the surrounding single family residential neighborhood. Sign name here Date Address Property identification number v PETITION TO THE CITY OF DELRAY BEACH To: The following petition is directed to the members of the Planning and Zoning Board of the City of Delray Beach, Chairperson, Connor Lynch; Clifford Durden; Derline Pierre - Louis; Gerald Franciosa; Craig Spodak; Thuy Shutt; Jan Hansen; and to Paul Dorling, Director of the Planning and Zoning Board. Topic: Request by Delray Place for rezoning of property located at the Southeast corner of Linton Blvd. and Federal Highway. Petition: I, the undersigned, herewith petition the above noted authorities to recommend denial of the request for rezoning of such property referred to commonly as Delray Place, located at the southeast corner of Federal Highway and Linton Blvd., from Planned Office Center (POC) to Special Activities District (SAD) as requested by the applicant, Delray Place through their attorney, Jeffrey Lynn_ It is requested that the Planning and Zoning Board and City Staff recommend to the City Commission against such change. I find that the proposed change is not compatible with the surrounding single family community since it would dramatically change the character of our peaceful residential neighborhood into a noisy, (trucks _loading and unloading), smell (garbage dum stern disturbing, hectic traffic and intruding commercial area which would subject residents to many nuisances and disturbances related with a retail shopping center use. This would be detrimental to our guality of life and will reduce the market value of_ our properties, In order to protect the integrity of our single family neighborhood the only course of action is to deny this rezoning application based upon its lack of compatibility with the surrounding single family residential neighborhood. Si amp here Date Z�Cf�cG� Address Property identification number PETITION TO THE CITY OF CELRAY BEACH To: The following petition is directed to the members of the Planning and Zoning Board of the City of Delray Beach, Chairperson, Connor Lynch; Clifford Durden; Derline Pierre - Louis; Gerald Franciosa; Craig Spodak; Thuy Shutt; Jan Hansen; and to Paul Dorling, Director of the Planning and Zoning Board. Topic: Request by Delray Place for rezoning of property located at the Southeast corner of Linton Blvd. and Federal Highway. Petition: I, the undersigned, herewith petition the above noted authorities to recommend denial of the request for rezoning of such property referred to commonly as Delray Place, located at the southeast corner of Federal Highway and Linton Blvd., from Planned Office Center (POC) to Special Activities District (SAD) as requested by the applicant, Delray Place through their attorney, Jeffrey Lynn. It is requested that the Planning and Zoning Board and City Staff recommend to the �i > Com;;fission against such i ch tinge. I find that the proposed change is not compatible with the surrounding single family community since it would dramatically change the character of our peaceful residential neighbors rood is :to a nolsy, ftrucl, !0a'ding ang u.plo , ing) smelly 11ga baje., -m. stem` disturbing, hecfic ',traffic,,' and intruding -_ -- _ - . U ate �� = _ ° . _ =e- _ with a retail shopping center use. This would be detrimental to our guality of life and will rerluc , 6$31 x m s -. rp€ , t a'ke F our prape. aiem� . in order to protect the integrity of our single family neighborhood the only g AID' '6.m IS � t �an� I��9� ����aasAa �s��oe�.gl ���e� �.`saa9� g compatibility with the surrounding single family residential neighborhhood. Sign narille here 2 �r f+ L Address '/er `/_z A"�6141 U1 1 Date r 77' 1 Property identification number PETITION TO THE CITY OF DELRAY BEACH To: The following petition is directed to the members of the Planning and Zoning Board of the City of Delray Beach, Chairperson, Connor Lynch; Clifford Durden; Derline Pierre - Louis; Gerald Franciosa; Craig Spodak; Thuy Shutt; Jan Hansen; and to Paul Darling, Director of the Planning and Zoning Board. Topic: Request by Delray Place for rezoning of property located at the Southeast corner of Linton Blvd. and Federal Highway. Petition: 1, the undersigned, herewith petition the above noted authorities to recommend denial of the request for rezoni92 of such property referred to commonly as Delray Place, located at the southeast corner of Federal Highway and Linton Blvd., from Planned Office Center (POC) to Special Activities District (SAD), as requested by the applicant Delray Place, through their attorney, Jeffrey Lynn. It is requested that the Planning and Zoning Board and City Staff recommend to the City Commission against such change. I find that the proposed change is not compatible with the surrounding single family community since it would dramatically change the character of our peaceful residential neighborhood into a noiisy,Ltrucks loading and unloading), smelly (garbage „dumpsters), disturbing, hectic, (traffic) and intruding commercial area which would subject residents to many nuisances and disturbances related with a retail - shopping center use. This would be detrimental to our quality of life and will reduce the market value of our properties. In order to protect the integrity of our single family neighborhood the only course of action is to deny this rezoning application based upon its lack of compatibility with the surrounding single family residential neighborhood. Sign name here Date 2�3Ll '� C Address Property identification number PETITION TO THE CITY OF DELRAY REACH To: The following petition is directed to the members of the Planning and Zoning Board of the City of Delray Beach, Chairperson, Connor Lynch; Clifford Durden, Derline Pierre- Louis; Gerald Franciosa; Craig Spodak; Thuy Shutt; ,tan Hansen; and to Paul Dorling, Director of the Planning and Zoning Board. Topic: Request by Delray Place for rezoning of property located at the Southeast corner of Linton Blvd. and Federal Highway. Petition: 1, the undersigned, herewith petition the above noted authorities to recommend denial of the request for rezoning of such property referred to commonly as Delray Place, located at the southeast corner of Federal Highway and Linton Bird., from Planned Office Center (POC) to Special Activities District (SAD), as requested by the applicant Delray Place, through their attorney, Jeffrey Lynn. It is requested that the Planning and Zoning Board and City Staff recommend to the City Commission against such change. I find that the proposed change is not comoatible with the surrounding single family community since it would dramaticall chap a the character of our peaceful residential neighborhood into a not trucks loading and unloadin smell arba a dum stern disturbin hectic traffic and intrudiin commercial area which would subject residents to many nuisances and disturbances related with a retail shopping center use_ This would be detrimental to our quality of life and will reduce the market value of our rp aaerties. In order to protect the integrity of our single family neighborhood the only course of action is to deny this rezoning application based upon its lack of compatibility with the surrounding single family residential neighborhood. Sign name h4e Date 0 6003,30 Address Properly identification number PETITION TO THE CITY OF DELRAY BEACH To: The following petition is directed to the members of the Planning and Zoning Board of the City of Delray Beach, Chairperson, Connor Lynch; Clifford Durden; Derline Pierre - Louis; Gerald Franciosa; Craig Spodak; Thuy Shutt; Jan Hansen; and to Paul Dorling, Director of the Planning and Zoning Board. Topic: Request by Delray Place for rezoning of property located at the Southeast corner of Linton Blvd. and Federal Highway. Petition: I, the undersigned, herewith petition the above noted authorities to recommend denial of the request for rezoninci of such property referred to commonly as Delray Place, located at the southeast corner of Federal Highway and Linton Blvd., from Planned Office Center (POC) to Special Activities District (SAD), as requested by the applicant Delray Place, through their attorney, Jeffrey Lynn. It is requested that the Planning and Zoning Board and City Staff recommend to the City Commission against such change. I find that the proposed change is not compatible with the surrounding single family community since it would dramatically change the character of our peaceful residential neighborhood into a noisy, (trucks loading and unloading smell arba a dum stets disturbin hectic traffic and intruding commercial area which would subject residents to many nuisances and disturbances related with a retail shopping center use. This would be detrimental to our quality of life and will reduce the market value of our Properties. In order to protect the integrity of our single family neighborhood the only course of action is to deny this rezoning application based upon its lack of compatibility with the surrounding single family residential neighborhood. 10 Sign name here a Date Address o�V_ 3�-(, eFY-000 (�9030 Property identification number PETITION TO THE CITY OF DELRAY BEACH To: The following petition is directed to the members of the Planning and Zoning Board of the City of Delray Beach, Chairperson, Connor Lynch; Clifford Durden; Derline Pierre - Louis; Gerald Franciosa; Craig Spodak; Thuy Shutt; Jan Hansen; and to Paul Dorling, Director of the Planning and Zoning Board. Topic: Request by Delray Place for rezoning of property located at the Southeast corner of Linton Blvd. and Federal Highway. Petition: I, the undersigned, herewith petition the above noted authorities to recommend denial of the request for rezoning of such property referred to commonly as Delray Place, located at the southeast corner of Federal Highway and Linton Blvd., from Planned Office Center (POC) to Special Activities District (SAD), as requested by the applicant Delray Place, through their attorney, Jeffrey Lynn. It is requested that the Planning and Zoning Board and City Staff recommend to the City Commission against such change. I find that the proposed change is not compatible with the surrounding single family community since it would dramatically change the character of our peaceful residential neighborhood into a noisy. (trucks loading and unloading), smell (garbage dum stern disturbing, hectic traffic and intruding commercial area which would subject residents to many nuisances and disturbances related with a retail shopping center use. This would be detrimental to our _qua_lty -_of -life and will reduce the market value of our properties. In order to protect the integrity of our single family neighborhood the only course of action is to deny this rezoning application based upon its lack of compatibility with the surrounding single family residential neighborhood. Sign name here Date Address Property identification number From: Jeffrey Lynne [mailto:ilvnne(azonelaw.com] Sent: Wednesday, October 17, 2012 11:30 AM To: nd rich @bellsouth.net; kellifreeman@bellsouth.net; hanuschakm @aol.com; balbert315 @vahoo.com; bddeaner @vahoo.comet; arandpabobbvlew @aol.com; scubarepsilvia @att.net; tarheel bill @bellsouth.net Cc: sea sidebldrs @belI south. net; superone @ix.netcom.com; Hoggard, Ron; Ashlee Coosaia; Joe Carosella; Louis Carosella; Msaltz @saltzmichelson.com Subject: Delray Place - Tropic Isle Input Dear Board of the Tropic Isle Civic Association, Mr. Schnabel, and Mr. Van Gernert: Our clients continue to desire to find a solution that works for you. When we met with you last week, we listened to what you wanted and heard that you would be satisfied if our clients incorporated your desired redesign of the buildings along Linton Blvd. as requested, to eliminate the perpendicular pathways and move the potential outdoor dining closer to Linton. RPG then paid their architects to start drawing those redesigned buildings at their expense. But then, at the P &Z meeting, you all came out unequivocally opposed to the project. So now, we are confused. If you could provide some clear direction as to reasonable requests, we will be more than happy to consider them. Thanking you in advance for your time, " �Rlll ", =1 JEFFREY C. LYNNE, ESQ., LEED AP WEINER, LYNNE Et THOMPSON, P.A. 10 SE 1 st Avenue, Suite C I Delray Beach, Florida 33444 Direct (561) 900 -0725 1 Cell (561) 239 -0839 Main (561) 265 -2666 1 Fax (561) 272 -6831 National (877) 901 -2666 REAL ESTATE I ZONING I GOVERNMENT AFFAIRS I LITIGATION ilynne@zonelaw.com I www.zonelaw.com Please consider the environment before printing this email. Hoggard, Ron From: Bill Schnabel <tarheel_bill @bellsouth.net> Sent: Sunday, October 21, 2012 7:03 PM To: 'Jeffrey Lynne'; ndrich @bellsouth.net; kellifreeman @bellsouth.net; hanuschakm @aol.com; balbert315 @yahoo.com; bddegner @yahoo.comet; grandpabobbylew @aol.com; scubarepsilvia @att.net Cc: seasidebldrs @bellsouth.net; superone @ix.netcom.com; Hoggard, Ron; 'Ashlee Coosaia'; 'Joe Carosella'; 'Louis Carosella'; Msaltz @saltzmichelson.com Subject: RE: Delray Place - Tropic Isle Input Attachments: Kohl's Sheridan St..jpg Yes, we have had several meetings but we don't see any evidence that you have taken our concerns seriously. Our discussions with Joe and Louis were met with "can't be done," "won't work" and "not economically feasible." We never agreed that eliminating the perpendicular pathways and moving the outside dining closer to Linton was our only concern. The 22' height of the buildings along Linton Blvd. that would create a concrete monolith just 15 feet from our property line is unacceptable. The height of these buildings is almost 4 times as high as the existing 6' wall and would tower over our property eliminating all view of the sky to the north for the eight homes on the north side of McCleary St. and it would be visible to the homes on the south side of McCleary St. over the tops of the north -side homes. You listened to us but I don't think you heard us. At the P &Z meeting, staff enlightened the group that you would need at least seven variances to build this project according to the site plan submitted to P &Z. I don't think that the City of Delray Beach has any obligation to change zoning regulations and negatively impact existing residential properties just to make your project economically feasible. Here are some other concerns: • Restaurants and a day -care center should not be located behind the houses on the north side of McCleary St. These are not compatible with the surrounding residential property. • Your suggested traffic pattern, which now includes a u -turn on Federal Hwy instead of Linton Blvd, for trucks poses a danger for the 25,000 cars you claim go past your site each day. Southbound 18- wheelers making a U- turn on Federal Highway at Tropic Blvd. will create a traffic hazard to all vehicles traveling north and south on Federal Hwy in that area and make it even more difficult to exit Tropic Isle at the traffic signal. • Landscape buffers are not adequate on two sides of the project. How can you plant mature 25' canopy trees in a 10' wide planting area on the Linton Blvd. side of the project? • I have personally visited the Kohl's store on Sheridan St. in Hollywood that you stated used the same sound muffling wall materials that you are proposing for the loading docks in Delray Place. I did not see that any extra sound proofing was installed in these walls and, as you can see in the attached photo, the trailers are higher than the existing wall. Is this what you are planning for Delray Place? • The other project that you showed with a Michael's store should not be compared with Delray Place because that center is completely surrounded by streets with no part of the property directly abutting residential property. We are not against re- developing this site — but it needs to be done with less impact on the surrounding residential properties. Please show us how you have taken our concerns seriously and made changes that will minimize the impact on McCleary St., Eve St. and Tropic Blvd. The residents of McCleary St., Eve St. and Tropic Blvd. are always available to meet to discuss these issue again. Bill and Nancy Schnabel FrHlll U 2 6 Z012- PLANNING & ZONING October 22, 2012 LISA MALLOY JOHN MALLOY 925 McCleary Street Delray Beach, FL 33483 (561) 573 -5596 Paul Dorling, Director City of Delray Beach Planning & Zoning Dept. Site Plan Review and Appearance Board ICE: Proposed Delray Place shopping center SAD Land Use :submittal Dear Mr. Darling and /or To Whom It May Concern: Tropic Isle residents were initially receptive to the 8/13/12 SAD Land Use presentation provided by Joe Carosella, President of Retail Property Group and his staff. The following is a comparison; of promises made (versus} actual 9/7/12 site plan submittal reflecting ?a classic Bait and Switch approach`in. deal ing with adjacent Tropic Isle Association, representing hundreds of affected adjacent residents. All of the below misrepresentations reflects developer /RPG's credibility which, if approved as submitted would rob every Tropic Isle resident the quiet, peaceful enjoyment of their waterfront home, and negatively impact home values. Tropic Isle residents do not approve of the 9/7/12 SAD Land Use site plan. Mr. Carosellaaon 8130/12 arrogantly advised everyone that the Delray Beach Mayor and City Commissioners loves us, and will give us anything we want?? He further stated Tropic Isle approved his site plan at the 8/13/12 HOA meeting. Unfortunately most of RPG's promises have been withdrawn, and many other unacceptable demands made. 1. Promise — totally enclosed loading docks for 500 building roof vented for diesel fumes and noise. Site plan — withdraws enclosed loading dock in favor of less expensive open docks, 30 feet from Tropic Isles homes. 2. Promise -- front only deliveries — 600 through 1,000 building on Linton. Site plan -- withdraws front door only deliveries, in favor adding rear building deliveries 15 feet from Tropic Isle homes. 3. Promise — limited rear door use on 600 through 1,000 building fire exit only. Site plan — withdraws limited fire door only use in favor of general use 15 feet Tropic Isle homes. 4. Promise — follow all building and zoning codes, minimizes noise and security issues for adjacent Tropic Isle residents. Site plan -- withdraws quiet use of directly adjacent Tropic Isles homes by eliminating 17 needed parking spaces in favor of 6,000 'sq.` ft. outdoor school playground for 1,000 building nursery school directly adjacent Tropic Isle homes. 5. Promise — follow all building and zoning codes, minimizes noise and security issues, for adjacent Tropic Isle residents. Site plan -- withdraws quiet use of adjacent Tropic Isles homes by eliminating required 9% open area, and 109 parking spaces in favor of four large restaurants along Linton Blvd. containing an additional 2,700 sq. ft. outdoor dining entertainment area, 15 feet from Tropic Isle homes. 6. Promise — height reduction of the 3 story (BOA) office building being replaced with one story retail providing much lower profile. Site plan — no reduction both 500 building and Bank of America buildings are same height, only reduce number of stories. Tropic Isle wants to be a good neighbor, support an acceptable Bank of America property redevelopment. In return we do not wish our peaceful enjoyment of our home taken away, so developer increase profit as a result of Tropic isle loss. Sincerely, Lisa Malloy cc: Hand Delivered s Ron Hoggard, AICP Principal Planner Planning & Zoning Dept. • Mayor Nelson "Woodie" McDuifie • Vice -Mayor Thomas Carney • Deputy Vice -Mayor Adam Frankel e Commissioner Angeleta Gray • Commissioner Al Jacquet • City Manager David Harden • Tropic Isles HOA • President, Retail Property Group, Joe Carosella • Fred Fetzer, Tropic Isles resident/Retired Delray Beach City Commissioner * Tropic Bay HOA • Tropic Harbor HOA cc: E -mail Delivery Truxell, Rebecca From: Kelli Freeman <kellifreeman @bellsouth.net> Sent: Monday, October 22, 2012 4:25 PM To: PZmail @MyDelrayBeach.com Subject: Attention Paul Dorling Hi Paul I would like your professional opinion on the Delray Place issue as it relates to the current zoning request and possible outcome if NOT approved. If the Delray Place request for SAD zoning does not pass the Commission, what then happens to that property? Would it automatically revert to PC zoning based on the new S. Federal Highway Redevelopment plan (SFHRP) that has been adopted? And, if it does revert to PC would the property have to follow all of the setback/buffers within the SFHRP? I'm trying to determine if our residents could be more negatively impacted if the SAD is not approved. Please feel free to email me or call me with your thoughts. Thanks so much, Kelli Kelli Freeman (561) 706 -8766 Cell Tropic Isle Civic Association "Caring For Our Community" Please "like" Tropic Isle Civic Association on Facebook for updates! Truxell, Rebecca From: Hoggard, Ron Sent; Friday, October 26, 2012 1125 AM To: Truxell, Rebecca Subject: FW: Proposed Tropic Square Cross Access with adjacent Borth planned Delray Place Ronald Hoggard, Jr., AICP Principal Planner Planning & Zoning Department 100 N.W. 1st Avenue Delray Beach, FL 33444 Phone: 561 -243 -7325 Fax: 561 - 243 -7221 From: Joe Carosella Gmailto :JCarosella(arpgl23,com] Sent, Wednesday, September 12, 2012 5:20 PM To: Peggy Paterra Cc: Breto, Estelio; Hoggard, Ron; Dorling, Paul; Alan Margolis; Louis Carosella; Kelli Freeman; Mark Saltz (Msaltz saitzmichelson.com); Joaquin Vargas (joaquinCa traftech.biz); Dennis Shultz (dshultz (&flynnengineerinq com); Alan Margolis (alanm leases.net); Lorraine; Michele Burns; Linda Lewis (Ilewis , smith- ,knibbs.com); Andrea Knibbs (aknibbs (&smith- knibbs.com) Subject: Proposed Tropic Square Cross Access with adjacent North planned Delray Place We appreciate your below proposed email suggesting cross access between our planning delray place and the adjacent south tropic square and we will start to review same with all the parties involved We appreciate all our planning progress with the nearby tropic isle and tropic bay neighborhoods and the neighborhood support for same and look forward to providing this quality delray place project to the neighbors Best regards Joe Carosella President Retail Property Group, Inc. Royal Palm Place 101 Plaza Real South Suite 200 Boca Raton, Florida 33432 Direct: 561 - 961 -1732 Cell: 954- 647 -6790 Fax: 561- 961 -1744 Email: jcarosella @rpgl23.com From: Peggy Paterra [mailta.ppaterra @gmaillcom] Sent: Wednesday, September 12, 2612 2 :22 PM To: Estelio Breto; Ron Hoggard; Paul Dorling; Alan Margolis Cc: Joe Carosella; Kell! Freeman Subject: Proposed shopping center - Delray Place I recently attended a presentation proposing the construction of Delray Place by Retail Property Group, Inc. As a 1 -year resident of Tropic Isle, I personally welcome the proposed shopping center which will be an asset to the community in my opinion, f ter the meeting I spoke to both their lawyer and directly to Joe Carosella, the developer, regarding my concerns about traffic in the area. I made the suggestion that there should be an alternate entrance to the new shopping center that would accommodate both Tropic Isle and Tropic Bay communities (as well as the other residences in that neighborhood) by giving access to shopping without having to join the traffic on Federal Highway or Linton Blvd. This could be from either Tropic Blvd. or Spanish Trail and would accommodate 3 types of traffic - auto, bicycle and pedestrian - from this area. I'm not sure of the numbers, but I believe there are 450 residences in Tropic isle, and hundreds of condos in Tropic Bay and other communities in this section of town (East of Federal.) The proposed traffic pattern of having one entrance on Federal Hwy, and one exit on Linton Blvd. would be prone to excessive congestion at the peak times of day or season (think Christmas?) 01 The volume of traffic at that busy intersection (Federal and Linton) varies from season to season and from hour to hour, but with all the new development going on at that intersection - new stores coming in to all four corners, I've heard, it would seem to me that the traffic volume is going to increase substantially, including many tractor trailers which we rarely have now. The patterns of having traffic making u- turns on Federal Hwy. and / or Linton Blvd. are also a concern to me. We currently have some vehicles making u-turns at Tropic Blvd. and it becomes a problem when drivers don't always follow the rules of safety and courtesy (or the law!) Thank you for your consideration. Sincerely, Peggy Paterra 915 Dogwood Drive Delray Beach, FL 33483 Cell Phone: 561-702-0428 Truxell, Rebecca From: Thuy Shutt <TShutt @pbegov.org> Sent: Thursday, October 18, 2012 12:49 PM To: David Dipino Cc: Truxell, Rebecca Subject: RE: Delray Forum Staff Writer David DiPino with a quick question Importance: High Hi, David, It has been a long time and hope this finds you well. I have not had a chance to see my personal emails since this weekend and some may have been spammed out if they are not on my frequent contact list. In addition, I understand that many of these residents are acting on emotions and may not have had the history of the downtown redevelopment or knowledge in the development review processes. With that in mind, I feel there is no need to legitimitize references to our integrity. As a board member, I need to weigh the code requirements, the testimonies given at the meeting, and the mitigation strategies/conditions that will be in place once the project has been through the development review processes. These are not taken lightly as we all are volunteers who are also stakeholders in the community. The hours I spend on reviewing these items and at the meeting are hours away from my family and that is priceless. I would be more than willing to speak to you on my decision but not during work hours. I would appreciate it if you contact me by phone in the future on these matters versus my work email. Thank you. Thuy ( "Twee ") T. Shutt, AIA, CRA Assistant Director Westgate /Belvedere Homes CRA 1280 N. Congress Avenue, Suite 215 West Palm Beach, FL 33409 (561) 640 -8181 (561) 640 -8180 fax www.westgatecra.org From: David Dipino [ddipino @gmail.com] Sent. Thursday, October 18, 2012 9:23 AM To: Thuy Shutt Subject: Delray Forum Staff Writer David DiPino with a quick question Good Morning Mrs. Shutt, Delray Forum reporter David DiPino here... It's been awhile, how are you? I received a few emails after the last P &Z board meeting concerning Atlantic Plaza 11 changes in density and how it would affect Tropic Isles. Did you receive the emails below? Does the P &Z dept, staff or the P &Z Board have a comment concerning the email below? Have any residents gone ahead and asked for resignations of any P &Z Board Members? Thanks for your time, David DiPino Delray Forum Staff Writer From: Judy Craig <judy udraig com> To: delrayneighbors <delrgynei ghborsg goo glegroups.com> Sent: Tue, Oct 16, 2012 11:15 am Subject: RE: P &Z Meeting last night: Atlantic Plaza 11 It appears two neighborhoods got thrown under the bus last night at the P & Z meeting. First was Tropic Isle. It was amazing to sit there & listen to why they need to destroy a large office building for which it is currently zoned, and sits some distance from the east property line, therefore not right up against residential back yards, and build more retail /restaurants & position them right up against residential properties. (We kept telling Walmart to go away until they finally did, we're not going to stop speaking out now.) There must be a dozen or more restaurants at Old Harbor Plaza & Delray Plaza combined, not to mention clothing, grocery, pharmacy, movies. One Tropic Isle resident in favor of the project got up & said he was excited to be able to ride his bike to shopping & restaurants, as if there were none available! He can't cross the intersection of Linton/Federal ? ?? You think it's dangerous now? Wait till those tractor trailers start with the U -turns which they admitted they would need to do to get in & out! The second was Atlantic Plaza development, stunning is all I can say. After just approving getting rid of the office building at Linton & Fed — they determined we are desperate for more office space so we need to approve this developer's plan to build more office space! Do the board members all have a short term memory problem? Or did they think the residents wouldn't notice that contradiction? Next, I fail to understand why raising the density from 30 to 51 per acre is not a huge "NO, not going to happen "! We have limits in place for a reason. I have not heard a good reason to throw them out the window. It seems all the developer condescended to do was lower the height slightly in a portion of the project, but spread the footprint to make up the difference, therefore taking away green space. When he started his presentation, the developer's representative stated they had added more green space. Apparently it's a wash -- all smoke & mirrors. How this P & Z board can sit there & pat these guys on the back for throwing us a bone (but they took it back by slight of hand!) is beyond me. Donating a bus just doesn't cut it. Apparently they have been "gotten to ", I don't know what else to think. No mention at all was made of the "step backs" of the buildings that have been required by other projects, so the site line is more palatable. They apparently are unconcerned about the block of empty new buildings that sit in the 200 blk of NE 5th Ave. I imagine there is lots of "Class A" office space waiting there. Mizner (which is widely reported to be a failure) was brought up a number of times by the proponents. Two of the parking garages are entered from Federal Hwy, the other two from the rear service road, Mizner Blvd. Why is this parking garage not on Federal, in the first phase of this development? I still don't know where these occupants will park while phase 2 is being built has anyone addressed that? Can we ask for some resignations? I don't know how that works, but it seems the current P & Z board are not upholding their fiduciary responsibility to the citizens of Delray Beach. We are who they are supposed to represent, not developers who appear in town with their vision for this town, which has no relation to ours. I have no problem with anyone making a profit, it's what everyone who works strives for. But do it with integrity. When the property was purchased, the owners were well aware of the zoning regulations. Live with it, or don't buy it, but don't misrepresent your intentions & then expect us to give you carte blanche to do whatever suits your purposes. Let's flood some email inboxes at city hall for starters. Please feel free to share these thoughts with others who might want to be included. Judy Craig, (Palm Trail Neighborhood resident of 26 years) David DiPino Delray Forum Staff Writer Sun- Sentinel.com Reporter Delray Beach Forum Food Critic Hometown Downtown Column Co- Writer ddipino ,gmail.com or dddipinogtribune.com 954- 621 -5000 Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. Truxell, Rebecca From: Fred Fetzer <fbfetzer @bellsouth.net> Sent: Monday, October 29, 2012 9:52 AM To PZmail @MyDelrayBeach.com; CityManager @MyDelray Beach, com; Kelli Freeman; CityAttorney @MyDelrayBeach.com; wmduffie @mydeiraybeach.com; Carney, Tom; frankel @mydelayeach.com; Gray, Angeleta; jacquet @myelraybeach.com; Gary Eliopolus; mweiner @zonelaw.com Subject: Delray Place proposed SAD rezoning Attachments; wakeup.tropicisle.pdf Mr. Dorling: As a resident of Tropic Isle, I want to give you my concerns regarding the rezoning and proposed site plan for the Delray Place redevelopment project at the southeast corner of Linton Blvd. and South Federal Highway. I believe most Tropic Isle residents, including myself, are in favor of this property being redeveloped and feel this redevelopment will help revitalize the South Federal Highway corridor. However, I also believe that many Tropic Isle residents, including myself, have some major concerns with the proposed site plan as it is presently configured. Most Tropi Isle residents would welcome redevelopment of this property as long as this plan is respectful of the Tropic Isle homes which are very close to this proposed development. understand your staff has documented numerous issues with the proposed site plan, as it is presently configured. I believe there are additional issues that need to be addressed before this site plan is approved. Please read the attached letter from a Tropic Isle resident whose home backs up to the proposed development. This letter reflects my concerns that the present site plan does not adequately buffer the the proposed development from the adjacent Tropic Isle homes. I am copying this letter regarding to the Mayor and City Commission in order to make them aware of the concerns of many Tropic Isle residents, since I understand this will be on the next City Commission agenda. I would appreciate any assistance that you and you staff can provide in this matter. Thanks, Fred Fetzer LISA MALLOY JOHN MALLOY 925 McCleary Street Delray Beach, FL 33483 (561) 573 -5596 October 22, 2012 Paul Dorling; Director City of Delray Beach Planning & Zoning Dept. Site Plan Review and Appearance Beard RE P oposed:` Delray .Place shopping center SAID .Land:'Use:submittal Dear Mr. Dorling and /or To Whore It May Concern. Tropic Isle residents were initially receptive to the 8/13/12 SAD land Use presentation provided by Joe Carosella, President of Retail Property Group and his staff. Tropic Isle residents do not approve of the 9/7/12 SAD Land Use site plan. Nlr. Carosella on, 13 . arrogantly advised everyone that the Delray Be ell Mayor and Cify Cornrn ssroners loves u`s, and will give us anything we want ? ?? He further stated Tropic Isle approved his site plait at the 8/13/12 HOA meeting. Unfortunately most of RPG`s promises have been withdrawn, and many other unacceptable demands made. 1. Promise — totally enclosed loading docks for 500 building, roof vented for diesel fumes and noise. Site plan —wit .hdraws enclosed.loading dock in favor of less expensive open docks, 30 feel' from Tropic Isles homes. 2. Promise -- front- only deliveries — 600 through 1,000 building on Linton. Site plan — with'draw's frorifi duos aril, deliveries in favor adding rear building deliveries 15 feet from Tropic isle homes. 3. Promise — limited rear door use on 600 through 1,000 building fire exit onl Site plan — withdraws limited fire door onl `use in favor of general use 15 feet Tropic Isle homes. 4. Promise -- follow all building and zoning codes, minimizes noise and security issues for adjacent Tropic Isle residents. site plan w1ithd6ii guiiet use of directly adjacent Tropic Isles homes by eliminating 17 needed parking spaces in favor of Fi,{If00 ca. ft oufdoor 'school playground for 1,000 building nursery school directly adjacent Tropic Isle homes. S. Promise —follow all. building: and zonin codes minimizes noise and security issues, for adjacent Tropic Isle residents. Site plan — withdraws g uiet use of adjacent Tropic Isles homes by eliminating required 9% open area, and 109 parking spaces in favor of four large restaurants along Linton Blvd. containing an additional 2100:...s 4 ft outdoor dining entertatn�ent area, 5 feet from Tropic Isle homes. 6. Promise height reduction of the 3 story (60A) office building being replaced with one story retail providing much lower profile. Site plan — no reduction both 500 building and Bank of America buildings are same height, only reduce number of stories. Tropic Isle wants to be a good neighbor, support an acceptable Bank of America property redevelopment. In return we do not wish our peacef€ l enjaymer t of our home taken avuay, r o developer increase pro ., as a result of Tropic isle loss. Sincerely, Is s&a flilalloy LISA MALLOY JOHN MALLOY 925 McCleary Street Delray Beach, FL 33483 (561) 573 -5596 October 29, 2012 Delray Beach Site Plan Review and Appearance Board Jose Aguila Jason Bregman Alice Finst Rustem Kupi Scott Porten Mark Gregory James Knight RE: SAD Land Use Delray Place Dear Ladies and Gentlemen: L T012 OCT PLANNING & ZONING As long time residents of Tropic Isle we realize the Bank of America property is going to be revitalized. We must don't want our quiet, secure Tro�aic s:I6 lifestyle drastic.ally altered so developers can make more money at Tropic Isle residents' expense. Please honestly ask yourselves if you would accept any of the following proposed, intense commercial' land uses to take place in your families backyard. If you answer no, then please do not force these obmectionable /unwanted uses on us Tropic Isle residents. 1) Four additional large Linton Blvd. restaurants with 3,000 sg ft. of additional outdoor seatinglentertainment, with paying patrons, doing what paying patrons do, eat - drink -have a good time, loud competing conversations over each other on top of restaurant music entertainment. All of the above is perfectly acceptable for downtown Atlantic Avenue or Boston On The Beach, but not compatible 15' feet from „Tropic Isle families. 2) 6,000 sg.'ft. school plays love to do, doing what children Once again screaming is perfectible, acceptable in the middle of nowhere, but not compatible right next, to Tropic Isle families trying to enjoy their quiet Tropic Isle homes. 3) Rear building deliveries, general access to anyone behind 600 feet of Linton Blvd. building, 10 feet from Tropic Isle families. • Employees /patrons ducking behind buildings for cigarette or loud ` >'cell phione conversations. • Potential homeless — transients hanging out. • Potential petty theftf home burglary staging area. • This above use doesn't exist in current Linton Blvd. buildin s only in proposed RPG current Site Plan Land Use request. Again we beg the City Commission to treat us like ou would want you r fa`mil' treated, i.e. 1) cut back on so many Linton Blvd. restaurants, and eliminate all outdoor seating /entertainment; 2) keep people out from behind Linton Blvd. building, fire alarm doors use only, and deliver through front as promised; 3) Have outdoor playground moved somewhere allowing kids to make all the noise they want without driving neighbors crazy. Tropic Isle quiet, secure neighborhood has been here for over fiftV veam, lease do not sell us out so a commercial intense shopping center developer can make more money at Tropic Isle families' expense. Sincerely, Lisa Malloy cc: I • Ron Hoggard, AICP Principal Planner Planning & Zoning Dept. Paul Dorling, Director Planning & Zoning Dept. Site Plan Review and Acceptance Board • City Manager David Harden • Tropic Isles HOA • President, Retail Property Group, Joe Carosella • Fred Fetzer, Tropic Isle resident/Retired Delray Beach City Commissioner • Tropic Bay HOA • Tropic Harbor HOA Truxell, Rebecca From: Joe Smith <delrayjoel999 @gmail.com> Sent: Tuesday, October 30, 2012 2:02 PM To: PZmail @MyDelrayBeach.com; CityManager @MyDelrayBeach.com; CityAttorney @MyDelrayBeach.com; wmduffie @mydelraybeach.com; Carney, Tom; f ran kel @mydelayeach.com; Gray, Angeleta; jacquet @myelraybeach.com; Harden, David; kellifreeman @bellsouth.net - ndrich @bellsouth.net; gersan2 @aol.com; tarheel_bill @bellsouth.net; balbert315 @yahoo.com; bddegner @yahoo.com; grand pabobbylew @aol.com; hanuschakm @aol.com; scu bare psilvia @att.net; seasidebldrs @bellsouth.net; djr@crosstecsoftware.com; info @friendsofdelray.com Subject: Gerald Franciosa - Potential Illegal Voting Conflict of interest - Delray Place Attachments: RQO- 12- 063.pdf; RQO- 12- 063.pdf Dear Commissioner Harden and Members of the City Commission: I am writing out of concern that Mr. Gerald Franciosa may have had an undisclosed conflict of interest when voting on the Delray Place project as a member of the City's Planning & Zoning Board on October 15, 2012. He lives in the adjacent residential Tropic Isle community and clearly stated he was opposing the project. As a matter of law and the County's Ethics regulations, I do not know whether he should have recused himself. I believe the City has a fiduciary duty to inquire with the Commission on Ethics and let that body make a fair, impartial, and independent decision. Attached are opinions from the Commission which would seem to indicate he had to step down or, at a minimum, file the required paperwork with the clerk. tt'�� -Ly 0- a.Lm Beach 'ounL A 0 . . . . . . . . . . .......... .... 1� F L;ommismon on wEthics r� 4i J EACH �® September 13, 2012 John C. Randolph, Esquire Town of Palm Beach Town Attorney Jones, Foster, Johnston & Stubbs, P.A. 505 South Flagler Drive, Suite 1100 West. Palm Beach, FL 33401_ Re RQO12 -063 Voting Conflicts Dear Mr.';ftandolph, Commissioners Manuel Farach, Chair Robin N, Fiore, Vice Chair Ronald E. Harbison Daniel T, Galo Patricia L. Archer Executive Director Alan S. Johnson The Palm Beach County Commission on Ethics (COE) considered your request for an advisory opinion, and rendered its opinion at a public meeting held on September 12, 2012,, YOU ASKED in your submission stated August 28, 2012 whether an employee of a corporation that owns property within a study area may serve on an advisory board created to review potential development proposals for the study area and if so, whether he may participate and vote on any ultimate recommendation submitted to the Town. IN SUM, advisory board members are prohibited from using their official position, participating or voting on an issue that would give a financial .benefit to their outside employer, not shared with similarly situated members of the general public. There is no bright line as to whether a contingent financial benefit creates a conflict. In evaluating conflict of interest under the Palm Beach County Code of Ethics, the Commission considers 1) the number of persons who stand to gain from a decision and .2) Whether the gain or loss is remote and speculative: Where the class of persons who stand to gain from a decision is small, it is more likely that a member will have a conflict: Similarly, where a gain or loss to an official or his or her employer is not subject to significant contingencies, it may result in a conflict of interest under the Palm Beach County Code of Ethics. THE FACTS as we understand them are as follows: You are the Town Attorney for the Town of Palm Beach (Town). The Town Council (Council) recently appointed an ad hoc committee to consider the future development of a five acre commercial area on Royal Poinciana Way (the study :area), The Royal Poinciana Way Study Committee (RPWSC) has 7 members, The Chair was appointed by the full council, each councilperson appointed an RPWSC member and the final member, also appointed by the full council, is the Chair of the Town Planning and Zoning Commission. Members were selected from town residents and businesses who. have expressed a special interest in the area or who, based upon special knowledge or interest,: may lend a particular contribution to the RPWSC. The :committee does not h.ave authority to make . changes to the zoning code, but.ca.n make recommendations to the Town Council. The Town did not provide the RPWSC with much direction regarding future development of the sturdy area. Accordingly, the RPWSC. along with Town staff have discussed traditional planning mechanisms such as potential increases in density, height, setbacks, etc to the area. The RPWSC has heard various presentations and each member of RPWSC expressed individual opinions in regard to potential development in the area. At some point in time in the future, the RPWSC will vote on a recommendation to the Town Council. 2633 Vista Parkway, West Palm Beach, FL 33411 561.233.0724 FAX: 561.233.0735 Hotline: 877.766.5920 E -mail: ethics@)palmbeachcountyethics.com Website: www.paimbeachcountyethics.com One of the 7 appointees is an employee of the Breakers PB, Inc. (Breakers). The Breakers owns an office building located within the study area. In total, based upon the study area legend prepared by Town staff and submitted to COE staff, there are 15 property owners who may be affected by changes in the study area. In addition, the Breakers owns property on the south side of Royal Poinciana Way as well as resort and golf club properties not included in the study area in the Town. As mentioned above, the RPWSC has heard presentations detailing potential development options and has discussed these presentations at their meetings. Recommendations ultimately could include land use changes affecting density, height restriction and permitted uses within the study area. Changes could have a significant impact on property values, however, it is unknown at this time whether the recommendations will have a financial impact on the area. The RPWSC's next meeting is on September 14, 2012. The question has arisen as to 1) whether it is a conflict of interest for an employee of the Breakers to sit on the RPWSC and /or 2) to vote on any ultimate recommendation which may be made to the Town Council in an advisory capacity. THE LEGAL BASIS for this opinion is found in the following relevant sections of the revised Palm Beach County Commission on Ethics Ordinance and Code of Ethics, which took effect on June 1, 2011: Sec. 2 -443. Prohibited conduct. (a) Misuse of public office or employment. An official or employee shall not use his or her official position or office, or take or fall to take any action, or influence others to take or fail to take any action, in a manner which he or she knows or should know with the exercise of reasonable care will result in a special financial benefit, not shared with similarly situated members of the general public, for any of the following persons or entities: (1) Himself or herself; (4) An outside employer or business of his or hers, or of his or her spouse or domestic partner, or someone who is known to such official or employee to work for such outside employer or business; Section 2- 443(2) prohibits advisory board members from using their official position to take or fail to take any action if they know or should know with the exercise of reasonable care that the action would result in a special financial benefit not shared with similarly situated members of the general public, for certain entities or persons including themselves or their employer. Section 2- 443(c) Disclosure of voting conflicts, similarly requires an advisory board member to abstain and not participate in any matter coming before his or her board which would result in a special financial benefit, not shared with similarly situated members of the general public, to themselves or their employer. Under state statute, to constitute a prohibited voting conflict, the possibility of a financial gain must be direct and immediate, rather than remote and speculative.' Where an official's gain or loss would require many steps and be subject to many contingencies, any gain or loss is remote and speculative and cannot be said to inure to one's special financial benefit. Similarly, for a financial benefit to be "special ", the benefit must inure uniquely to the voting member, rather than benefiting the Town as a whole. There is no bright line in determining the number of individuals who would need to be affected to transform a personal gain or loss into a gain or loss shared with similarly situated members of the general public. Where a class is large, a prohibited financial gain would result only if there are circumstances unique to the voting official which would enable him to gain more than the other members of the class. However, where the class of persons benefiting is small, the likelihood of prohibited financial benefit is much greater.a Each advisory opinion is based upon a unique set of facts and circumstances. Whether a matter rises to the level of a voting conflict will be based upon the facts and circumstances presented to the COE. For example, the COE has previously opined that a municipal advisory board member was prohibited from presenting his client's project to his advisory board, participating in discussions regarding the project or voting on a matter financially benefiting his 1 George v. City of Cocoa, Florida, 78 F.3d 494 (1996). a CEO 05 -15, CEO 91 -61, CEO 12-19 a CEO 77 -129 2633 Vista Parkway, West Palm Beach, FL 33411 561.233.0724 FAX: 561.233.0735 Hotline: 877.766.5920 E -mail: ethics @palmbeachcountyethies.com Website: palmbeachcountyethics.com customer or client.4 under the facts presented the gain to the board member's customer or client was direct and immediate. First, the board member's employer is one of 15 property owners than would be subject to any changes recommended by the RPWSC. The number of persons or entities directly affected by potential changes is too small a class to be considered similarly situated to members of the general public. Second, the RPWSC was established to provide input and recommendations to the Town concerning a proposed ordinance that would, if adopted, make changes to the land use code in the study area.. For example, should the Committee recommend a land use change resulting in an increase In density and that recommendation is adopted by the Town Council, the value of the Breakers property may be increased, regardless of whether or not the current owner takes advantage of the changes. The sole purpose of the RPWSC is to consider changes to the study.area containing these 15 properties. Therefore, any discussion, recommendation or vote of the Committee..woul.d, present -a conflict of intterest for the board member. Because the Code prohibits participation as well as voting on the matter, the COE is of the opinion that the board member should resign from. the Committee. That. being said, the Cade does not prohibit business owners, their employees or citizens with a vested financial interest in development of their property from providing meaningful and valuable comment to the Committee or Town Council provided they do not do so while serving;as an official in an appointed advisory capacity. IN SUMMARY, an advisory .board member may not use his official position, including participation and voting on issues before the RPWSC, affecting the financial interests of his employer, where his employer is one of 15 landowning entities within an affected study area. Based upon the facts and circumstances provided, including the limited class of persons or entities that stand to gain from the RPWSC process and the absence of significant contingencies to obtain that gain if changes are approved, the potential financial benefit to a board member's employer is not so remote and speculative as to eliminate a conflict of interest under the Palm Beach County Code of Ethics. This opinion construes the Palm Beach County Code of Ethics Ordinance and is based upon the facts and circumstances that you have submitted. It is not applicable to any conflict under state law. Inquiries regarding possible conflicts under state law should be directed to the State of Florida Commission on Ethics. Please feel free3-ojcontact me at 561 - 233 -0724 if I can be of any further assistance in this matter. Z znon�— Execu ti }ector ASJ /mcr /gal cc: WIJ.Nm 0. Cooley " aQo 11 -067 2633 Vista. Parkway, West Palm Beach, FL 33411 561.233.07.24 FAX: 551.233.0735 Hotline: 877.766.5920 E-mail: ethics@palmbeachcountyethics.com Website: palmbeachcountyethics.eoa LISA MALLOY JOHN MALLOY 925 McCleary Street Delray Beach, FL 33483 (551) 573 --5596 October 22, 2012 �. C. Paul Dorling, Director City of Delray Beach Plannin g & Zoning Dept. Site Plan Review and Appearance Board RE. Proposed Delray Place shopping center SAD Land Use submittal Dear Mr_ Dorling and /or To Whom It May Concern: I OCR 26 2011 -I, I r 10) -- ` Z Tropic Isle residents were initially receptive to the 8/13/12 SAD Land Use presentation provided by Joe Carosella, President of Retail Property Group and his staff. The following is a comparison of promises_ made (versus) actual 9/7112 site plant submittal reflecting a classic Bait and Switch approach in dealing with adjacent Tropic Isle Association, representing hundreds of affected adjacent residents. All of the below misrepresentations reflects developer /RPG's credibility which, if approved as submitted, would rob every Tropic Isle resident the quiet, peaceful enjoyment of their waterfront home, and negatively impact home values_ Tropic Isle residents do not approve of the 9/7/12 SAD land Use site plan. Mr. Carosella an 8/30/12 arrogantly advised everyone that the Delray Beach Mayor and City Commissioners loves us, and will give us anything we want ? ?? He further stated Tropic Isle approved his site plan at the 8/13/12 HOA meeting. Unfortunately most of RPG`s promises have been withdrawn, and many other unacceptable demands made. 1._ Promise — totally enclosed loading docks for 500 building, roof vented for diesel fumes and noise. Site plan — withdraws enclosed loading dock in favor of less expensive open docks, 30 feet from Tropic Isles homes. 2. Promise —front only deliveries — 600 through 1,000 building on Linton. Site plan — withdraws front door only_ deliveries in favor adding rear building deliveries 15 Meet from Tropic Isle homes. 3. Promise — limited rear door use on 600 through 1,0 0 buildin fire exit only- Site plan — withdraws limited fire door only use in favor of general use 15 feet Tropic Isle homes. 4. Promise — follow all building and zoning codes minimizes noise and security issues for adjacent Tropic Isle residents_ Site plan — withdraws quiet use of directly adjacent Tropic Isles homes by eliminating 17 needed parking spaces in favor of 6,000 sq. ft. outdoor school playground for 1,000 building nursery school directly adjacent Tropic Isle homes. S. Promise — follow all building and zoning . codes, minimizes noise and security issues, for adjacent Tropic Isle residents. Site plan — withdraws quiet use of adjacent Tropic Isles homes by eliminating required 9% open area and 109 parking spaces in favor of four large restaurants along Linton Blvd_ containing an additional 2,700 sq. ft. outdoor dining entertainment area, 15 feet from Tropic Isle homes_ 6. Promise — height reduction of the 3 story (BOA) office building being replaced with one story retail providing much lower profile. Site plan — no reduction both 500 building and Bank of America buildings are same height, only reduce number of stories. Tropic Isle wants to be a good neighbor, support an acceptable Bank of America property redevelopment. In return we do not wish our peaceful enjoyment of our home taken away, so developer increase profit as a result of Tropic Isle 1055_ Sincerely, �isa Malloy cc: Hand Delivered • Ron Hoggard, AICP Principal Planner Planning & Zoning Dept. • Mayor Nelson "Moodie" McDuff e • Vice -Mayor Thomas Carney • Deputy Vice -Mayor Adam Frankel • Commissioner Angeleta Gray • Commissioner Al Jacquet _ • City Manager David Harden • Tropic Isles HOA • President, Retail Property Group, Joe Carosella ' • Fred Fetzer, Tropic Isles resident/Retired Delray Beach City Commissioner • Tropic Bay HOA • Tropic Harbor HOA cc: E -mail Delivery LISA MALLOY JOHN MALLOY 925 McCleary Street Delray Beach, FL 33483 (561) 573 -5596 - / October 29, 2012 Delray Beach-City Commission Mayor Nelson "Woodie" McDuffie Vice -Mayor Thomas Carney Deputy Vice -Mayor Adam Frankel Commissioner Angeleta Gray Commissioner Al Jacquet RE: SAD Land Use Delray Place Dear Ladies and Gentlemen: Hand Delivered RECEIVEM OCT 3 12012 CITY CLERK As long time residents of Tropic Isle we realize the Bank of America property is going to be revitalized. We must don't want our quiet, secure Tropic Isle lifestyle drasticall altered so developers can make more money at Tropic Isle residents' expense. Please honestly ask if you would accept any of the following proposed, intense commercial land uses to take place in your families' backyard. If you answer no, then please do not force these objectionable unwanted uses on us Tropic Isle residents. 1) Four additional large Linton Blvd. restaurants with 3,000 sq. ft. of additional outdoor seating /entertainment with paying patrons, doing what paying patrons do, eat -drink -have a good time, loud competing conversations over each other on top of restaurant music entertainment. All of the above is perfectly acceptable for downtown Atlantic Avenue or Boston On The Beach, but not compatible 15 feet from Tropic Isle families. 2) 6,000 s . ft. school playground full of exuberant children doing what children love to do, scream in their high pitched voices. Once again screaming is perfectible, acceptable in the middle of nowhere, but not compatible right next to Tropic Isle families trying to enjoy their quiet Tropic Isle homes. 3) Rear building deliveries, general access to anyone behind 600 feet of Linton Blvd. building, 10 feet from Tropic Isle families. • Employees /patrons ducking behind buildings for cigarette or loud cell phone conversations. • Potential homeless — transients hanging out. • Potential petty theft /home burglary staging area. • This above use doesn't exist in current Linton Blvd. buildings, only in proposed RPG current Site Plan Land Use request. Again we beg the CitV Commission to treat us like you would want your family treated, i.e. 1) cut back on so many Linton Blvd. restaurants, and eliminate all outdoor seating /entertainment; 2) keep people out from behind Minton Blvd. building, fire alarm doors use only, and deliver through front as promised; 3) Have outdoor playground moved somewhere allowing kids to make all the noise they want without driving neighbors crazy. Tropic Isle quiet, secure neighborhood has been here for over fifty ears lease do not sell us out so a commercial intense shopping center developer can make more money at Tropic Isle families' expense. Sincerely, Lisa Malloy cc: • Ron Hoggard, AICP Principal Planner Planning & Zoning Dept. Paul Dorling, Director Planning & Zoning Dept. Site Plan Review and Acceptance Board • City Manager. David Harden • Tropic Isles HOA • President, Retail Property Group, Joe Carosella • Fred Fetzer, Tropic Isle resident/Retired Delray Beach City Commissioner • Tropic Bay HOA • Tropic Harbor HOA 0 la u IL 1 NNE he r•� 4 J 1 1 1 1 Pon%� IN 7 AL = Vli- i li + r � - V77 q, t e CD la u IL 1 NNE he r•� 4 J 1 1 1 1 Pon%� IN 7 AL = Vli- i li + r � - V77 Ten Principles for Rebuilding Neighborhood Retail Michael D. Beyard Michael PaMukiewicz Alex Bond The Urban Land Institute gratefully acknowledges the financial support of Bank of America in underwriting this project. Bankof America t� ABOUT ULI -THE URBAN LAND INSTITUTE ULI -the Urban Land Institute is a non- profit education and research institute that is supported by its members. Its mis- sion is to provide responsible leadership in the use of land in order to enhance the total environment. ULI sponsors education programs and forums to encourage an open international exchange of ideas and sharing of experi- ences; initiates research that anticipates emerging land use trends and issues and proposes creative solutions based on that research; provides advisory services; and publishes a wide variety of materials to disseminate information on land use and development. Established in 1936, the Institute today has more than 20,000 members and associates from some 70 countries representing the entire spectrum of the land use and develop- ment disciplines. Richard M. Rosan President Recommended bibliographic listing: Beyard, Michael D., Michael Pawlukiewicz, and Alex Bond. Ten Principles for Rebuilding Neigh- borhood Retail. Washington, D.C.: ULI -the Urban Land Institute, 2003. ULI Catalog Number: T21 International Standard Book Number: 0- 87420 -922 -6 Copyright 2003 by ULI -the Urban Land Institute 1025 Thomas Jefferson Street, N.W. Suite 500 West Washington, D.C. 20007 -5201 Printed in the United States of America. All rights reserved. No part of this book may be reproduced in any form or by any means, elec- tronic or mechanical, including photocopying and recording, or by any information storage and retrieval system, without written permis- sion of the publisher. ULI PROJECT STAFF Rachelle L. Levitt Executive Vice President, Policy and Practice Publisher Marta V. Goldsmith Senior Vice President, Land Use Policy Michael D. Beyard Senior Resident Fellow ULI /Martin Bucksbaum Chair for Retail and Entertainment Michael Pawlukiewicz Director, Environment and Policy Education Alex Bond Project Intern, Land Use Policy Nancy H. Stewart Director, Book Program Managing Editor Carol A. Bell Manuscript Editor Betsy VanBuskirk Art Director Book /Cover Design, Layout Diann Stanley- Austin Director, Publishing Operations Cover photograph: Wisconsin Avenue, Georgetown, Washington, D.C. / ©B.R. Wilson. Participants CHAIR Smedes York President York Properties, Inc. Raleigh, North Carolina DEVELOPERS Richard Lake Managing Principal Madison Retail Group /Roadside Development Washington, D.C. Margaret (Midge) McCauley Director Downtown Works Kravco King of Prussia, Pennsylvania PLANNERS /DESIGNERS/ ARCHITECTS H. Cates Givens Principal /Vice President EDAW, Inc. Denver, Colorado Bruce Leonard StreetSense Bethesda, Maryland William B. Renner Associate Principal EDSA /Edward D. Stone, Jr. and Associates Fort Lauderdale, Florida MARKET ANALYSTS Thomas Moriarity Principal Economics Research Associates Washington, D.C. Leah D. Thayer, Principal LDT Advisors Middleburg, Virginia PUBLIC SECTOR REPRESENTATIVES Ceil Cirillo Executive Director City of Santa Cruz— Redevelopment Agency Santa Cruz, California Barbara Kaiser Redevelopment Bureau Manager City of Long Beach Redevelopment Agency Long Beach, California Roderick S. Woolard Director of Development City of Norfolk Norfolk, Virginia INNER -CITY NONPROFIT SPECIALISTS Kenneth T. Bacchus President /CEO Housing and Economic Development Financial Corporation (HEDFC) Kansas City, Missouri Hipolito Roldan President Hispanic Housing Development Corporation Tropic Construction Corporation Chicago, Illinois PUBLIC /PRIVATE FINANCIAL SPECIALISTS Michael Banner President /CEO Los Angeles LDC, Inc. Los Angeles, California J. Michael Pitchford Senior Vice President Bank of America Charlotte, North Carolina ULI SENIOR RESIDENT FELLOWS Maureen McAvey Senior Resident Fellow for Urban Development ULI —the Urban Land Institute Washington, D.C. Michael D. Beyard Senior Resident Fellow for Retail ULI —the Urban Land Institute Washington, D.C. ff Introduction Orenco Station, Hillsboro, Oregon. iv Over the past five decades, retailing in urban neighborhoods has hollowed out, leaving most cities and inner -ring suburbs with too little to support healthy neighborhoods and strong communities. The results are apparent to anyone living in or visiting a 21st century city: commercial streets with deteri- orating buildings, empty storefronts or marginal month -to -month tenants, an undersupply of essential goods and services, social problems, poor pedestrian environments and amenities, and untended streets and sidewalks. The decline of neighborhood retailing has had a profound effect on the desirabil- ity of many urban neighborhoods and communities. The convenient availability of goods and services is a key factor that people consider when choosing a place to live, and neighborhoods without suitable retailing are dramatically weakened. Residents who can afford it, leave, and potential new residents choose to live somewhere else. In this type of environment, communities cannot be sustained over the long term. The challenges of rebuilding persist not only in low- income neighborhoods, but also in many other urban locations where retailing never recovered from the shift of buying habits that led people to suburban shopping centers. Even in some of the most affluent communities —where first - generation, auto - oriented shopping streets have begun to urbanize and take on characteristics of urban shopping districts— redevelopment efforts are often stymied by NIMBYists who object to the transition as well as to the changes in character, diversity, The Village at Shirlington in Arlington, and density that the transition brings. Virginia, is a mix of 1940s neighborhood retail buildings and new retail and In all cases, rebuilding neighborhood retail streets is a difficult, lengthy, and residential developments. complicated process. It differs significantly from developing a suburban shop- ping center or reestablishing downtown shopping districts, so innovative strate- gies must be employed to restore the neighborhood's vitality and competitive- ness. Neighborhood retail streets are betwixt and between most communities' established retail locations, and they have been largely forgotten or purposely avoided for years by retailers, developers, and shoppers. The reasons are clear: misperceptions about the extent of urban buying power are widespread, retail opportunities are perceived to be greater elsewhere, and the many social prob- lems faced by urban neighborhoods have proved difficult to solve. As a result, even those who live near neighborhood shopping streets are often forced to travel outside their own neighborhoods to shop for goods and services that most others take for granted in their everyday lives. Opportunities to reestablish retailing along neighborhood commercial streets are great. Through careful planning, new roles can be found for these streets to fill in today's marketplace to better serve neighborhood residents. But a word of v Bloor West Village in Toronto, Ontario. Vi caution: Attempts to re- create past glories —a commonly voiced goal— rarely succeed because most urban neighborhoods have changed dramatically over the past few decades, and their position in the regional hierarchy of retail destina- tions has been marginalized by newer concentrations of retailing in wealthier neighborhoods with better access, visibility, parking, security, and retailing environments. The large trade areas that many neighborhood streets once enjoyed have been cut off by newer centers, changes in retail merchandising have rendered obsolete much of the retail space along neighborhood streets, demographic shifts have reduced population densities and buying power, and a critical mass of retailers no longer exists along many of these streets. The result has been lower demand, high vacancies, a poor retail environment, and a failure to adapt to changed competitive circumstances. To achieve long -term sustainability, plans for rebuild- ing neighborhood shopping streets must recognize these changes and embrace solutions that are realistically market - based. It is not enough to base them solely on enlightened public policy goals or the community's wish list, no matter how well intentioned. In spite of the challenges faced by neighborhood retail streets, their future is turning much brighter, and the Urban Land Institute believes that the timing is n #•� r r - .4 right to rebuild them. Numerous metro- politan trends are redirecting growth back into existing communities, which has positive implications for the rebirth of neighborhood retailing. Urban lifestyles are becoming more popular among empty nesters, singles, the elderly, and nontraditional households; immigrants are flocking to many neigh- borhood streets as low -cost places to open small businesses, stores, and restaurants; retailers are again inter- ested in urban locations because their traditional suburban markets are satu- rated; states are increasingly concerned about the effects of sprawl and are instituting smart growth policies; pedestrian- oriented, streetfront retail environments are gaining favor with today's consumers; inner -city crime has declined dramatically in the past ten years; and local governments are using increasingly sophisticated plan- ning, regulatory, and financial in- centives to encourage market -based real estate investments in distressed urban neighborhoods. But these positive trends alone are not enough to ensure that rebuilding will occur —even in affluent locations —since it takes far more time and effort to rebuild neighborhood retailing than it took to destroy it. The challenge for the public and private sectors is to work together aggressively to create the environ- ment in which retailing can thrive. If this doesn't happen, retailing will continue to shun neighborhood streetfront locations and choose more competitive sites. Gaining the public sector's commitment is a difficult challenge because cities and states are faced with increasingly limited resources and many new and com- peting obligations. Nevertheless, ULI believes that ways must be found, as part of a long -term strategy, to get started today on the task of rebuilding retail services because the future prosperity of our metropolitan areas depends on it. The revitalization of Old Pasadena, California, incorporated new retail trends for shopping and entertainment in a historic main street environment. Vii New Haven, Connecticut. Viii Part of ULI's mission is to examine cutting -edge issues and propose creative solutions for improv- ing the quality of land use and development. To that end, ULI sponsored a charrette on smart growth solutions to devise strategies to reahsti- caUy restore the vitality of neighborhood shopping streets to create more livable environments and sustainable communities. In June 2003, during three days of intensive study of three neighbor- hood shopping streets in the greater Washington, D.C., area, teams of planning and development , � experts from around the country toured and stud- ied three very different types of neighborhood streets. The teams were made up of leading commercial developers, public planners, nonprofit developers, archi- tects, economic consultants, and property advisers. The three streets were chosen as representative of different types of urban neighborhood environments. H Street N.E., at the edge of a gentrifying neigh- borhood, is an elongated and dilapidated commercial arterial that until the 1960s was one of Washington's major shopping streets; upper Wisconsin Avenue N.W. is a discontinuous, poorly merchandised, and unsightly commercial street in the midst of one of Washington's wealthiest uptown neighborhoods; and the devastated commercial district surrounding the intersection of Charles Street and North Avenue in Baltimore is in one of the poorest and most crime -ridden neigh- borhoods in the city. ULI teams were assigned to each strip and given the following tasks: to deter- mine the critical issues and challenges that neighborhood streets face; to deter- mine the most effective ways to rebuild neighborhood streets to ensure their long -term competitive position; and to set strategic principles to guide commu- nity residents, public planners, and developers in this effort. These principles were consolidated and refined by the three teams so that they could be applied universally to all types of neighborhood streets around the world. ULI had the support and participation of the two cities — Washington, D.C., and Baltimore, Maryland —in whose jurisdictions the streets are located. Each provided detailed background information, briefings, and tours for the ULI teams. After much deliberation, the teams adopted the following ten strategic principles to guide communities, developers, retailers, and residents in rebuilding their neighbor- hood retail streets. Ten Principles for Rebuilding Neighborhood Retail Great Streets Need Great Champions It Takes a Vision 'B Think Residential Honor the Pedestrian u 0 Parking Is Power a Merchandise and Lease Proactively - Make It Happen Be Clean, Safe, and Friendly 9) Extend Day into Night qQ Manage for Change Great Streets Need Great Champions King Street, Alexandria, Virginia. 2 Every revitalization project needs a champion— someone to initiate the process, fight to ensure it is done right, and follow through to completion. This is particularly true for rebuilding neighborhood retailing because of the length and complexity of the undertaking. In most situations, the champion will be a person (or a group of people) who is a committed, responsible stakeholder who recognizes the problem, has dreams of something better, and has the pas- sion to overcome obstacles to achieve results. Without a champion, retail revi- talization efforts will most likely get lost among competing needs in a commu- nity when it comes time to fight for attention and limited resources. In some quarters, neighborhood revitalization efforts are seen as inherently public responsibilities that should be led exclusively by public representatives, because the private sector is often seen as unwilling, uninterested, or unable to do the job itself. Others believe that if a market exists, the private sector will find it and, without government help, lead the way through its own entrepre- neurial efforts. ULI believes that, in most cases, neither extreme is an effective approach. Long -term success will come only when public /private part- nerships are created that marry the public's planning, coor- dination, infrastructure, and public financing tools with the private sector's entrepreneurial savvy, development expert- ise, retailing know -how, and private capital. When new retail markets are just being formed, neither sector can achieve its goals without aggressive assistance from the other. It doesn't matter whether the champion is from the public or private sector, but he or she must make sure that all the other stakeholders are included in the redevelopment effort. ■ The champion can be a group or an individual. Possible group champions include a business improvement district (BID), corporation or partnership of businesses, community development group, financial institution, or neighborhood anchor such as a hospital or university. ■ An individual champion can be a resident, a business or community group leader, an elected official such as a mayor or councilperson, a property owner, a retailer, or a city staff person. ■ The champion should pull together a core group of involved stakeholders to form a public /private partnership entity to guide the rebuilding effort. Y ■ The stakeholders are the people and groups who will be directly affected by the redevelopment and the decisions made by the public /private partnership. Ideally, they will transcend political turnover because the redevelopment effort will last through several election cycles. Politicians may be involved, of course, but they should be willing to remain involved if they lose future elections or choose not to run. Staying power is essential to long -term success. ■ The champion should lead efforts to develop a process or mechanism to resolve conflicts among the stakeholders and reach consensus. Conflict is healthy, and the champion is ideally positioned to help resolve conflicts and make sure that potential problems and issues are debated and not avoided. By building interest and commitment among diverse stakeholders, a champion can foster the development of a consensus vision for the street. 3 It a Vision Retailing has changed forever. Big -box stores and category killers; fortress malls; outlet, lifestyle, and power centers; catalogs; and the Internet are where today's consumers shop. The competition is fierce, and consumers want it all: low prices, endless variety, the latest designs, parking at the door, and an environment so entertaining that they go there even when they don't need to shop! How can neighborhood streets hope to compete? By providing goods and services tailored to the specific needs of each neighborhood in an environment that is convenient, service- oriented, pedestrian- scaled, and connected to the urban lifestyles of the neighborhood's residents. The visioning process can identify streetscape improvements that are needed, how tenants will be recruited, and other action items. A thorough visioning process will help ensure retailers that the city and property owners are committed to redeveloping a vibrant urban retail street. 4 i r The successful rebuilding of a neigh- borhood shopping street will be in- cremental, so it must be based on a shared vision that provides a strategic framework for imagining, analyzing, judging, and implementing each step along the way. The champion of a rebuilding effort is the one best posi- tioned to pull together the diverse partnership of stakeholders to create the long -term vision for the street. Although the champion should make sure that no interests are left behind, the community's vision must be rooted in market realities. Too often, commu- nities have followed the loudest voices and pursued plans that cannot be sus- tained economically, which inevitably leads to disappointment and failure. Rec- ognize that there is often a great difference between what one group of stake- holders may want and what the market will support. Reaching a shared vision requires facing the tough questions upfront, making sure everyone understands the realities of the situation, and setting short -, medium -, and long -range goals that are realistically attainable. There is no cookie - cutter solu- tion that will be effective long term, and pie -in- the -sky doesn't qualify as vision, so it is essential to understand the reality of the street and what is possible before asking what it can become. There is a general rule: Strive to be what you really can be. Most urban streets cannot successfully become like a suburban mall, and it's doubtful that this would be a good idea even if it were possible. Each retail street needs to be individually crafted to reflect the community, people, lifestyle, and aspirations of its neighborhood because one -size visions do not fit all. The first task of the public /private partnership is to make sure that the vision is shared. Property own- ers, residents, and nontraditional neighborhood anchors, such as churches, colleges, and hospitals, must buy in because they have the most at stake. These players have a strong vested interest in the neighborhood environment because their success depends in part on desirability of their surroundings. Large employers should be actively recruited because they have important resources that can be brought to bear. ■ Do not allow the rebuilding process to be "hijacked" by any one group or individual —even the residents. It is only natural that stakeholders have agen- das; bringing these agendas into the open and aligning them are critical. ■ Create momentum for the vision by assigning specific roles to each stakeholder and getting them to buy in to the plan. Getting stakeholders monetarily involved in the process may help to ensure their continued involvement h and support. ■ Identify negative influences that are hindering the redevelopment effort and neutralize or eliminate them as soon as possible; they could be a person, a building, or a neighborhood condition. ■ Create an identity for the street that is inventive and reflects the neighborhood. Some neighborhood streets are already place- specific and have identities that can be reinforced or enhanced. In other cases, the identity is either nonexistent or negative —in which case, changing the perceived identity (or overcoming the nonidentity) will be one of the biggest challenges. ■ Adapt the retail environment to serve and enhance the surrounding neighbor- hood. Serving a broader trade area may be important, but will usually be a sec- ondary goal. ■ Recognize that nearby competition not only will dramatically affect the mar- ket for your street, but will also affect the vision you have for its future. ■ Hire a leasing professional from day one to coordinate management and recruitment of retail tenants. Recognize that retailers will "vote" on the sound- ness of the redevelopment's vision by deciding whether to rent or not. Visioning will help create and enhance an identity for the street that reflects the neighborhood. M Street, Washington, D.C. 5 ink Residential High- density single - family homes accommodate families and make neighborhoods more walkable. s Successful retail depends on successful residential neighborhoods. Retailing cannot survive in an environ- ment of deteriorating neighborhood housing, declining pop- ulation and homeownership rates, disinvestment, crime, and neglect. Most important, successful retail needs a growing number of high - quality residents because this is what retailers look for. High - quality residents are found in high -, medium -, and low- income brackets so, individually and as a group, residents need to take ownership of their streets and start changing the negatives in their neighborhoods so the environment is right to attract retailers. Great streets are always surrounded by dense residential development. Where residential growth and revitalization is occurring, retail is primed to follow; it simply will not occur the other way around. Retailers will not be attracted to a neighborhood street, regardless of how much public money they get, unless they see the cash registers ringing, and this depends on the strength of the surrounding residential market. Streets evolve over time, and the quality and amount of the residential development will dictate what type of retail tenant will be interested in leasing space. The typical pat- tern is for home - grown, startup businesses and creative enterprises looking for low -cost locations to move in first, followed by mass - market national stores and, if the neigh- borhood is very successful, by specialized higher -end retailers. The community should not expect the best stores to move in immediately, but to the extent that higher - quality residential development occurs, retailing will continue to improve. ■ Increase homeownership (including condominium ownership) to stabilize the neighborhood and create more stakeholders and customers. ■ Residential development creates a customer base for neighborhood - serving retail, especially grocery store and pharmacy anchors. It is important for such stores —which commonly are national chains and require the most parking —to conform to the urban character of the community. ■ Encourage mixed -use develop- ments. A mix of housing and offices supports retail by creating more customers, supporting longer business hours, and bring- ing in rents up to 20 percent higher than would be likely in the same place without the mix of housing and office space. Office components provide daytime retail and restaurant demand, while res- idents add customers in the evening. ■ It isn't necessary to attract national retailers to be a success. k a Successful streets often have a 'MU.-'� mix of locally owned and operated vendors, especially specialty food stores (sell- ing baked goods, ethnic foods, coffee, and wine), ethnic restaurants, pharma- cies, art shops, antique stores, hardware stores, and service providers (laundry, video rental, garden). If you sit around waiting for Pottery Barn, nothing else is going to happen. ■ Recognize that although neighborhood residential development provides a strong shot in the arm for retailing, it does not provide the only source of demand. ■ Encourage mixed - income housing. A big challenge of retail is the recruitment of retail workers, and they need a convenient place to live. A stock of potential workers living close by enhances the attractiveness of the site for retailers. ■ Ground floor space does not need to be all retail. If the neighborhood street is too long for shopping the entire length, retailing should be concentrated in designated blocks. Shoppers typically will walk for only three or four city blocks. Residential or office uses should predominate beyond a core walking area. ■ Don't underestimate the value of anchors on the street. They help the smaller, independent tenants succeed by drawing customers to the area. Residential units above retail keep the street active around the clock, providing convenience for residents and sales volume for retailers. Honor the Pedestrian The era when anything developed in an urban neighbor- hood was considered to be better than nothing is over. Desperation has driven many communities to accept devel- opments that are inappropriate for an urban street and antithetical to an enjoyable pedestrian experience. Sub- urban- style, pedestrian- deficient retailing with blank walls facing the sidewalk, parking lots that disrupt retail continu- ity, throw -away architectural quality, inappropriate building design and scale, and lack of pedestrian amenities are some of the most egregious mistakes that made many urban streets mean and decidedly unfriendly to shoppers. Neighborhood retailing that is rebuilt in these ways has proved unsustainable, failed to generate ongoing improve- ments in retail quality or spin -off activity, and fallen short of attracting the level of customer loyalty from the neigh- borhood or beyond that is necessary for long -term growth. When pedestrians are not honored with a pleasant and enjoyable shopping experience, they usually choose com- peting locations that do a better job of creating such an environment. The first goal for a neighborhood shopping street should be to satisfy the aspirations and enhance the lifestyles of a neighborhood's residents. Neighborhood retail should not be structured in a way that encourages commuters to move quickly through the neighborhood to reach other neighbor- hoods. Too often, neighborhood streets have evolved in ways that make it easier and more enjoyable for shoppers and commuters to travel to other neighborhoods than to stay and conveniently shop nearby. Pedestrian amenities entice shoppers ■ Don't let traffic engineers rule the streets. Accommodating traffic is only to linger. one of many goals for successful shopping streets. Retail streets must balance the needs of the pedestrian and the needs of the automobile. Traffic must be calmed, and pedestrian amenities must be added for successful shopping streets to be rebuilt. ■ Street width is an important determinant of retail success. In neighborhood locations, wide streets form a great barrier to success since they make it difficult to establish either an intimate neighborhood feel or a community connection. 8 Me F�tl i Successful single- loaded retail streets are rare, so to improve chances for suc- cess, narrow the street or introduce a landscaped median that will tie the two sides of the street together into one retail experience and make it easier for cus- tomers to shop both sides of the street. ■ Recognize that street patterns also affect the pedestrian experience. In most cases, one -way streets should be converted to two -way streets to eliminate the raceway effect of one -way arterials and give the streets more of a neighborhood character. ■ Convenient parking must be designed to enhance the pedestrian experience and not detract from it. Traffic can be slowed by providing on- street parking — this type of configuration protects shoppers from speeding traffic, allows shoppers to park in front of the store, and creates a stronger connection to the street. ■ Encourage multiple entrances to shops so they are accessible from the front sidewalk as well as from off- street parking areas. M Landscaping and brick sidewalks — often on a modest scale —add significantly to a neighborhood's ambiance for pedestrians and shoppers as in West Chester, Pennsylvania. 9 VISIBILITY Transparency is critical. Buyers want to see inside the store — they want it to look safe, they want to see that it offers the goods or services they are interested in, and they want to feel comfortable that a salesperson is not hovering to accost them when they walk in the door. The best design provides visibility into the store and not just into a window display. ARCHITECTURE Buildings must look as though they belong in the neighbor- hood, especially in terms of scale, height, and character. Retail is most successful when it is on a single level, but offices and apartments work very well in levels over retail. The neighborhood vernacular should be expressed in the design of buildings. Good archi- tecture improves the quality of 10 ■ Pedestrian amenities should be added first along the blocks with the greatest concentration of retailing or those with the greatest potential. In some cases, neighborhood shopping streets are too long and some blocks may no longer be suited for retail. In such cases, clearly designate the blocks that are targeted for retailing and concentrate pedestrian amenities there first. ■ Sidewalks should be wide enough to accommodate outdoor dining while pro- viding enough room to allow an unimpeded pedestrian flow; tables should be permitted at the curb line to allow window shoppers to stroll next to the shop windows. Rebuilding sidewalks with brick or patterned concrete also can have a positive effect. ■ Greening the street is necessary to make it more comfortable for pedestrians. Improvements should include tree canopies that provide shade from day one, green spaces where shoppers can linger and relax, and flowers and shrubs that enliven store fronts, tree boxes, light standards, and parking lots. the neighborhood. In revitaliza- tion, it can serve as a model of good design. Flexible guide- lines that allow variation within acceptable ranges may be best. Even convenience stores can be accommodated with good design standards. The standard retail bay in the United States is 30 feet wide by 60 to 90 feet deep. Multiples of this module can accommodate larger users, such as restaurants. Neighbor- hood retail often has regular turnover, and adherence to these standards can help find new users. Windows that offer visibility into the store are good advertising and con- tribute to comfort on entry. Awnings or recessed entries provide comfortable shelter from rain and sun. LANDSCAPING Designs for visibility and land- scaping often conflict. Here again, the need for trans- parency and visibility of retail takes precedence. However, in addition to meeting a commu- nity's consumer needs, a retail street can be a place to social- ize or to relax and linger, es- pecially when the hard urban edge is softened and enhanced with high - quality plant mate- rial. Outdoor dining is an instant indicator of safety and congeniality, but it needs a minimum sidewalk depth of ten to 12 feet for convenient pedestrian flow. SIGNAGE, LIGHTING, AND STREET FURNITURE As in other design media, qual- ity sells — particularly over the long term. Signs, lighting, and street furniture (seating) are low -cost and highly visible ways of projecting a quality image. To ensure consistency and quality, adopt design guide- lines that regulate the scale, typeface, materials, and other design elements of signage, while at the same time encour- aging flexibility and creativity. A critical consideration is whether to allow freestanding or hanging signs on buildings. Flush mounting is desirable because it doesn't intrude into the pedestrian zone, but the need for signage to be visible to motorists and pedestrians should contribute to decisions about sign guidelines. Differen- tiation in retail graphics is both an indicator of unique offerings and a brand identifier. A graph- ics scheme should not prohibit free expression, but should set standards to ensure long -term quality. Lighting and street fur- niture in complementary design families add character and safety — lighting for visibility and seating to attract people to the street. William B. Renner, EDSA / Edward D. Stone, Jr. and Associates PV*•V ■ Landscaping, street furniture, and other pedestrian amenities should be sensi- tively designed so as not to block retail sight lines for motorists or shoppers. ■ High visibility for potential customers who are driving or walking by the stores is as important for retail success as easy accessibility and parking. ■ Lighting should be bright enough to ensure security in the evening, but sodium vapor —often referred to as "slum lighting " — should be avoided in favor of white lighting, which renders more realistic colors, less sinister appearances, and a more inviting, comfortable, and reassuring feeling for shoppers. ■ Set design standards and work with retailers regarding facade improvements, appropriate historic preservation measures, store signage, awnings, window dis- plays, and advertising. These details indelibly frame the pedestrian experience. The city of San Rafael, California, encourages the development of housing as a way of bringing life — including evening activity and customers for merchants —to its commercial streets. 77 7 r1r rldng Is Power N i W z W Q W , o � LL Easy accessibility, high visibility, a sense of personal security, and adequate, convenient parking are all preconditions for successful retailing, and with- out them retail likely will fail, regardless of the sophistication of the shopping environment or the quality of the tenants. 16- - . f f t_ - r va, Parking is arguably the most important of these requirements because today's consumers, condi- tioned by their suburban shopping center experi- ences, expect nothing less than a guaranteed space close to their shopping destination every time they shop. Neighborhood streets that repli- cate the convenience and abundance of suburban parking— albeit in quite different configurations — will have solved one of the great dilemmas that - • . d - • .- 1 urban shopping locations face These are the chal- At Bethesda Row in the Maryland suburbs of Washington, D.C., designers placed parking behind and to the side of buildings. This fosters a pedestrian - friendly environment and allows stores to utilize most of the road frontage. A mix of parking accommodates different users. Short. -term customers can park on the street, while shoppers planning a longer stay can parkin the garage. lenges: How can communities squeeze enough convenient parking into a pedestrian environment where it is not desirable to have large parking lots facing the street in front of the stores? How can commu- nities configure parking in ways that are clearly organized so that shoppers can find spaces in multiple locations from block to block? ■ Size the street's parking requirements realistically. Recognize that parking needs will usually be less along neighborhood shopping streets than in suburban shopping centers because some urban shoppers will arrive on foot or by transit, shuttle, or bicycle. ■ Recognize that parking needs often change over time. If a neighborhood gets improved transit service, parking needs may decline. Conversely, the introduction of additional anchors, changes in tenant types, or a denser concentration of retailers as the street's popularity grows can increase the number of parking spaces needed. 12 ■ Provide spaces in a clear, evenly distributed supply of parking that includes on- street and off- street options. Encourage store employees to park away from store entrances. ■ On- street parking is critical for some retailers' success because it is the most convenient type of parking and cre- ates the steady turnover of shoppers needed by stop- and -go retailers like coffee shops, dry cleaners, and specialty food stores. ■ Metered parking— whether on- or off- street — should be designed to encourage people to use it. The time limits should be fairly enforced so that the needed turnover actually occurs, but don't go overboard. Customers will shop elsewhere if they are turned off by unreasonable and inflexible adher- ence to the rules. L1 V i ■ Off- street parking needs to be highly visible from the street, but it should not dominate the landscape, break up the retail district into disjointed parts, or be located farther than one block from storefronts. ■ Parking should be user - friendly, starting with clear signage directing cus- tomers to individual lots and lighting that is configured to ensure their personal safety and provide a sophisticated ambiance that makes them feel comfortable at night. ■ Innovative parking designs —such as parking behind, above, or below the stores — should be considered in dense, high -value urban locations. If these configurations are used, parking must be seen as nonthreatening, as visible as possible, and easily accessible, or motorists will avoid it. ■ Shared parking should be planned to accommodate the parking needs of different groups of shoppers as they appear at different times of day. This will eliminate unnec- essary spaces that otherwise would sit unused during periods of inactivity. On- street parking along Clematis Street, West Palm Beach, Florida. ■ Transit (retailer- sponsored shuttles, bus, light rail, and subway) should be The parking garage at Seventh and Collins, actively promoted by developers, retailers, and employers because it reduces Miami Beach, Florida. parking needs, extends the street's trade area, and brings a greater diversity of demand. ■ Don't forget about bicycle parking. Bicycles are a growing part of the urban lifestyle and parking for them is cheap to build. The need for bicycle parking is especially important in college communities and in neighborhoods with young, highly educated, and sophisticated residents. 13 Merchandise and Lease Proactively Bellevue, Washington. Betai[ers are the soul of the neighborhood commercial street, so getting the right tenant mix and quality will give the street its unique character as well as the diversity of product offerings it needs to compete successfully with more established retail destinations. To achieve this mix, a neighborhood com- mercial street must be managed and operated like a shopping center —but rec- ognize that having multiple landowners and operating in the public realm enor- mously complicate these tasks. Finding tenants that meet all of these criteria is tough, especially in the early years of rebuilding when a critical mass of retailers is often absent and the en- vironmental and social conditions along the street may not yet be optimal to achieve high sales levels. Complicating this task is the fact that the city cannot rely individually on landlords along neighborhood shopping streets to recruit appropriate high - quality tenants, since they are inclined — understandably —to lease their spaces to whomever is willing to pay the rent. It's not easy for a landlord to turn down a tenant because it does not fit within a street's overall leasing plan or add to its optimal tenant mix. Retailers also do not like to take risks, but if you have a coordinated merchandising plan and strive for a good tenant mix, the risk to retailers will be reduced. To achieve higher sales, rents, and land values, landlords along the street need to band together and work proactively with the public sector to merchandise and .. lease their street in a coor- dinated and mutually sup- portive way. ■ Establish a quasi - public retail leasing and manage- ment agency to plan and coordinate the street's leasing strategy, actively recruit tenants, and direct them to appropriate land- lords and property owners so that leasing deals can be made privately. Recog- nize that the tighter the leasing control this agency has, the more quickly the street will evolve into a thriving retail destination. ■ As the first priority, hire a leasing and management professional to set up the leasing agency and direct its activities. This needs to be someone who can Shopping centers carefully choose ten - ants based on many factors, and neigh - dynamically "sell" your street and neighborhood, and has a sophisticated under- borhood streets must do the same. standing not only of retail leasing but also of shopping center management and Tenants should: public /private partnerships. The leasing professional should be part of the ■ Fit into the street's agreed -upon street's planning and design team, so she /he not only understands the long- vision and leasing strategy; term vision of the project but also helps to shape it. ■ Fill gaps in the street's retail mix or reinforce specialized tenant concentra- ■ Develop a comprehensive leasing plan that is flexible and builds on the tions; strengths and competitive advantages that the street and neighborhood already ■ Sell merchandise aimed at the street's targeted customer markets; have. Recognize that the plan will need to be adjusted constantly to reflect changing market conditions. ■ Project the right image, aesthetic, and lifestyle orientation; ■ Context matters. Tailor the leasing strategy to your community and its posi- ■ Fit within the physical limitations of tion in the regional retail hierarchy. Understand the characteristics of your mar- the available space; ket and location, know your customer and competition, and evaluate nearby ■ Be well managed and creditworthy; and retail streets and tenants to guide tenant recruitment. ■ Be able to afford the rent! ■ Recognize what your street is now and what it can become, and market the space realistically with an eye to the future. Cookie - cutter stores are not attrac- tions in and of themselves, but they do lend legitimacy to the location in the eyes of other retailers, and they have advertising clout that helps one -of -a -kind stores. ■ Lead the leasing effort with destination- and neighborhood- appropriate retailers. This will lay the foundation for more intense commercial activity as the street matures. ■ Initiate the leasing program along one or two blocks that have the greatest potential. Creating a successful retail nucleus to build around will give momen- tum to the project, stimulate the interest of other retailers, and form a critical mass that becomes a recognizable retail destination for neighborhood shoppers. ■ Besides coordinating the leasing program, the leasing and management pro- fessional should provide technical assistance to existing and prospective retail- ers. Financial assistance may also be desirable for facade improvement, building improvements to achieve code compliance, new signage, and the like. She or he should also coordinate maintaining the streetscape and making needed repairs if there is no business improvement district in place. 15 Make It Happen Neighborhood retailing will not spontaneously regenerate. Miracles happen in the movies, but they rarely happen in real life. In many communities, market conditions that caused neighborhood commercial streets to decline are still in place, and it takes an aggressive commitment by the public sector in partnership with the private stakeholders to address negative influences before sustainable retail revitalization will occur. Communities have powerful financial and regulatory tools to attract desired pri- vate investment capital if used judiciously. Some of these tools are "carrots" that create a positive investment climate, improve infrastructure, or reward investors who further community goals. Others are "sticks," which may need to be used if carrots are not sufficiently convincing. Communities should be willing to use both to convince landowners, developers, and retailers that the revitaliza- tion efforts are in their interests. Willingness to exercise regulatory powers to achieve the stakeholders' vision and protect it from negative influences projects a sense of momentum to the stakeholders and potential tenants and enhances the street's appeal as a place to do business. Produce markets, often sponsored by BIDS, add a lifestyle- oriented dimension to neigh- borhood shopping streets. 16 ■ Research carefully what public regu- latory and financial tools are available to achieve your goals and what is required to qualify for them, then determine how you can use them as catalysts to make things happen when and where you want them to happen. Direct public resources to generate the maximum bang for the buck in terms of generating and leveraging private investment money. ■ Develop a strong relationship with local financial institutions and non- profit organizations, and partner with them to achieve your goals. These organizations are likely to be more willing than national institutions to lend money to developers of nontraditional urban real estate projects and to neighborhood retailers. They are also likely to be more flexible in terms of what you can do with the money. ■ Set up design guidelines and development stan- dards to make sure that new developments as well as facade and other improvements are compatible with the planned character of the street. These standards can control not only aesthetics, but also such con- cerns as the types of stores that are acceptable, store operating hours, building scale and materials, build- ing setbacks, and number of parking spaces required. ■ Business improvement districts are quite effective at enhancing both the business and physical environ- ment for retailing and for engaging business owners in the revitalization process. Retailers, however, can- not fund BIDS alone; offices are needed to help pay for BID operations. BIDS or special taxing or assess- ment districts should be set up in the more estab- lished commercial streets where landowners and ten- ants can afford the incremental tax increase. These types of districts should be viewed more as revitaliza- tion tools than redevelopment tools. ■ Tax increment financing is best used in districts where major land holdings need to be rebuilt and where infrastructure is substandard or lacking. ■ "Demolition by neglect" statutes should be added to zoning and land development codes to deter landowners from letting their properties deteriorate to the point that they have to be torn down. Don't be afraid to use eminent domain powers to take control of properties that are aban- doned or neglected. These properties are a cancer, and cannot be allowed to spread blight throughout the neighborhood. However, before proceeding, have a full understanding of applicable laws in your state, and give the property owner adequate opportunity to correct the problem. ■ So- called friendly eminent domain can be useful with some property owners who may be willing to sell a deteriorated property to rid themselves of a prob- lem. This can be an effective tool to assemble property required for a large -scale redevelopment project. ■ Use targeted requests for proposals or requests for qualifications to solicit interest in redeveloping key properties. New Haven, Connecticut. 17 Se Clean, Safe, and Friendly Successful BIDS keep standards for mainte- nance, cleanliness, and security high. They also organize activities and events that draw customers to the shopping street, as in Cleveland, Ohio's Playhouse Square. 'f a neighborhood shopping street is clean, safe, and friendly, customers will be drawn to their favorite shops even though the street as a whole may still be in transition from failure to success. If even one of these characteristics is absent, some neighborhood residents will continue to shop elsewhere, and few commuters are likely to stop as they drive through. Achieving an acceptable comfort level for neighborhood shoppers, however, won't happen without a coordinated, holistic approach to addressing the street's underlying problems and deficiencies. To solve these problems, an ongoing management entity for the street should be created to perform many of the tasks that a shopping center manager performs. This organization will need to manage the street in perpetuity, operate it like a shopping center, protect its competitive position against more established retail locations, and ensure that it does not slip back into its old dysfunctional ways. A BID is an effective vehicle to act as the management entity because it has the sup- port of the property owners and has a dedicated income stream to support its activi ties. If a BID is not available to fill the management role, it may fall to a group of business leaders, retailers, or city government representatives. 18 ■ Think of the street holistically. Work with the city to stringently enforce building health and safety codes to maintain the street's quality, appear- ance, and safety. But make sure the codes are flexible and suitable for older /historic buildings, and don't stymie undercapitalized but legitimate improvement efforts. ■ Be the advocate for the neighbor- hood —lobby for scarce resources and ensure that commitments are fulfilled. ■ Regularly check the pulse of prop- erty owners and retailers to keep on top of issues, concerns, and problems before they spin out of control. ■ Enact extra levies and assessments on property owners who neglect their property. This will encourage them to adhere to the neighborhood's standards. ■ Provide an extra layer of security along the street. Crime prevention and customer security are keys to bringing the shoppers back, so security guards need to be visible but benign, helpful, and unobtrusive. ■ Added police patrols also lend peace of mind for potential retailers and customers, particularly if the area had a bad reputation before redevelopment. But public resources are often stretched thin, and the police alone probably won't be able to solve the problem. ■ If homelessness and drug abuse are problems along the street, work closely with city agencies and neighborhood nonprofit organizations to address them. Social services, how- ever, should not be clustered nearby. ■ Work with the city to make sure that street people don't overwhelm the street — although when street people begin moving to the area, it is an indica- tion of success! ■ Security devices such as roll -down metal doors and window grilles should be eliminated or altered so they are see - through and provide visibility to the shop windows. ■ Plan holiday and other special events to give people an extra reason to visit and bond with the shopping district. viv BID staff stand ready to offer assistance to stranded motorists in Birmingham, Alabama. University City, Philadelphia, Pennsylvania. 19 Extend Day into Night An artistic facade creates an inviting destination at night in the Manayunk district of Philadelphia. Longer hours equal stronger sales, and strong sales define a successful shop- ping street. It's as simple as that! As revitalization accelerates and rents rise, retailers will be unable to survive unless business hours can be extended to capture more business. The way to do this is to identify, plan for, and tap multi- ple markets to keep the cash register jingling throughout the day and after the sun goes down. The evening is the hardest time to keep businesses open even though that's when people have time to shop, and it will take a healthy dose of imagination and hard work to achieve the mix of stores, coordinated hours, and sense of security to create an environ- ment where people are comfortable going out after dark. 20 Different customers can be drawn to the street during different periods of the day, but the revitalization team must implement a comprehensive strat- egy to make it happen. Only in the strongest locations will vital retail streets evolve on their own. In the best of these locations, commuters, residents, and nearby workers can be drawn to the street in the morning for coffee or breakfast, to use neighbor- hood services, and to visit the gym. At midday, office and retail workers will eat lunch, run errands, and leisure shop. In the afternoon, residents and workers will go food shopping, stop at pubs and outdoor cafes, and use neighborhood services. As the evening progresses, neighborhood residents and visitors from other neighborhoods can be drawn out of the house to leisure shop, visit the gym, have dinner, go to the movies and theaters, and take advantage of the nightlife. This is the ideal that neighborhood commercial streets should strive for. To achieve it requires that multiple sources of demand be brought to the street to broaden the support for retai ling. ■ Day and night, its the density and mix of uses that extends the shopping day and creates an exciting urban feel to the street. Signpost decorations, tree lights, and a han- som cab set the scene for an exciting evening ■ Day and night, it's the proximity and continuity of diverse retailers that cre- during the winter holiday season. Holiday ates the opportunities for cross - shopping that makes the street a compelling decorations and festivals are a great way to attract families to a shopping area during the retail destination. evening hours. a 0 O O W W 0 z z a O W W 0 ■ Office uses should be recruited because they are "demand anchors" for retail- ing along the street, especially in the morning and at noontime, if they are inte- grated with other activities along the street. If they are self - enclosed fortresses As the sun sets, Third Street Promenade in or if they disrupt the retail continuity, they will detract from rather than add to Santa Monica, California, lights up. The well -lit the street. pedestrian street remains active long after dark. ■ Professional tenants such as doctors and lawyers are very desirable because they steadily attract visitors, employ office staff, and serve neighborhood residents —all of whom are potential shoppers. ■ Civic, cultural, and entertainment anchors attract a high number of visitors and create the possibility for trip chain- ing and multiple purchases along the street. Nighttime uses such as restaurants, theaters, and cinemas can help com- pensate for smaller daytime populations such as office workers. ■ Civic uses should be encouraged because they can be attuned to the neighborhood's demographics. A social security office, community center, youth activity center, or department of motor vehicles branch office serves the neighborhood while adding a steady stream of customers to the street. ■ Educational facilities, such as university satellite cam- puses, should also be encouraged because they bring teach- ers, students, and educational workers to the neighborhood. A bonus is that they fill off -peak parking spaces. Clematis Street, West Palm Beach, Florida. 22 Manage for Change Plan for the long term, but manage for constant change in the short term. Rebuilding a neighborhood retail street is a long reinvestment process, and market realities will undoubtedly continue to change throughout the ongoing life of the street. If the champion, the city, or the property owners are not pre- pared to support this dynamic in perpetuity —with both their efforts and their money —the revitalization project should not be undertaken. One -shot projects will fail, following a formula will fail, operating on autopilot will fail, and lock- ing a street into an unchanging reality will fail as well. These truisms need to be recognized up front. Rebuilding neighborhood retail should be planned comprehensively as an inte- gral piece of the larger community that surrounds it, and it should be tailored to the realities of the area. Communities should focus their initial efforts on care- fully chosen development nodes to maximize the impact of their efforts, create momentum, and foster faith in the project. As more resources become available, the focus should expand to neighboring blocks and streets. Individual strategies will vary widely because every street is different —each has its own set of prob- lems and opportunities, each has a unique identity that can be capitalized on, and each will evolve over time as entrepreneurship grows. What usually begins as a street with local retailers will likely attract regional and national stores as its success builds and its market is reestablished. And even after a critical mass of retailing is achieved, the street still must be constantly managed and nurtured, like a shopping center, to meet fickle consumer demands. ■ Treat emerging retail districts as liv- ing, breathing entities. Build momen- tum by continuously putting energy into them, and they will create energy on their own. I ■ Like children, retail streets could grow and change without guidance, but we At Ohio State University, High Street, in wouldn't like the results. If you doubt this conclusion, simply visit most of our Columbus, Ohio, is undergoing a revitalization cities' neighborhood shopping streets. that will include 250,000 square feet of retail, restaurant, and entertainment space. ■ Keep close tabs on the markets that you serve, and lease proactively to match the changing demands of these markets. ■ Sometimes there is a need to "prune the deadwood" when leases run out. Even when a retailer may be willing to renew its lease, it may no longer fit into the vision or image of the area. In these cases, the space should be leased to a more suitable tenant. It is not unusual for a shopping center to remove 5 to 10 percent of its tenants every year to remain at the cutting edge of what its cus- tomers want. Neighborhood shopping streets need to be willing to do the same. ■ Monitor emerging trends, problems, and conflicts closely so that they can be dealt with quickly. An ongoing conflict resolution process should be established to resolve conflicts among stakeholders. ■ An ongoing central point of reference and clearinghouse for information should be operated to serve existing and potential customers, tenants, and investors. ■ Representatives of the business community and citizen leaders should develop and nurture long -term relationships with public sector representatives who have responsibilities for the district to get an appropriate share of attention and funding. Public officials should likewise reach out to the business and citizen leaders. Strong two -way working relationships will help to achieve both public and private goals over the long term. 23 Planning 8s Zoning Department .�_ MEMORANDUM TO: TAC FROM: Ron Hoggard, AICP, Principal Planner DATE: 10/4/2012 RE: Delray Place Site Plan - Project Review Comments The following comments were generated from review of the site plan submittal for Delray Place: 1. SAD Ordinance: The proposed SAD Ordinance, as it relates to future modifications, does not conform to the normal procedures the City has taken in the past to modify SADs and must be revised. Since the SAD is linked to a specific site plan, modifications of the approved site plan will require the processing of a rezoning. A further revised SAD ordinance has been submitted. The goal is to allow the public hearing process to be controlled by SPRAB rather than require the entire rezoning process to have to occur for otherwise non - spatial issues. 2. Compatibility: Pursuant LDR Section 4.4.25(A), Purpose and Intent, "The uses, activities, and characteristics of a SAD are to be consistent with the Comprehensive Plan, suitable and compatible with surrounding existing development, and with the proposed character of the area. Additional findings of compatibility are also required under LDR Sections 3.2.2, Standards for Rezoning Actions, and 3.2.3, Standards for Site Plan and /or Plat Actions. The proposed site plan has a much greater impact on the adjacent residential neighborhood to the east than the current office development, especially as it relates to the adjacent single family lots on McCleary Street. The extreme length of the proposed buildings with limited buffering in this area is a concern. Except for the lower connections between buildings, the (5) interconnected 600 to I999 1100 Buildings present a continuous 700+ feet long, 22 feet high wall located 15 feet from the rear property line of the single family houses. Architecturally, the essentially blank wall of the south elevation of these buildings is reminiscent of a self- storage facility. The 15' setback with 10' of landscaped area is not large enough to adequately buffer the back of these buildings. The closeness of the loading areas for the 500 Buildings is also a concern. Even though the loading docks are enclosed, trucks backing into these spaces will generate noise. Consider reducing the overall building area on the site and increase the buffering in the rear. This will also serve to reduce the parking and open space deficits. RPG held another meeting with the Tropic Isle homeowners, specifically those living along McCleary and Eve Streets, at the Delray Beach Public Library on Wednesday, October 10, 2012, from 6:30pm to 8:OOpm. The intent of the meeting was to ensure their concerns were heard and, to the extent feasible, incorporated into the Delray Place site plan upon resubmittal in response to the City's TAC comments. The various issues presented in the TAC comments were discussed and are addressed individually below: A. Rear Elevations .!NMI 111 In response to the neighbors, an 8' high wall has been added between the 600 through 1100 buildings to serve to deflect any sounds occurring in the front of the building and to provide security to the rear. In addition, the wall between the buildings has been setback 20' from the southern wall of these buildings to provide a landscape break between the buildings to assist in reducing the buildings' scale. All the rear doors and rear sidewalks have been deleted from within these buildings. The rear setback is gated on both ends and will kept locked and only accessed for landscape maintenance. The doors located between the buildings in the 8' wall also will be kept locked and only be used for Fire Department access. Additional scoring and color have been added to the rear elevations to help mitigate the appearance of a long unbroken wall. Also, mature landscaping (trees) relocated from other areas of the existing property will be located in the 15' setback between the buildings and the property line that abuts the Tropic Isle neighborhood. B. Loadin_g Areas To accommodate the requests of Tropic Isle residents, RPG designed the loading areas to consolidate as many potential loading zone areas as possible into fewer locations in an attempt to noise from the property. The loading areas (spaces) and trash compactors for all the buildings on the site are fully enclosed with a roof and walls all around. The trash enclosures are designed to be air - conditioned to reduce any odors that may occur. The loading and trash collection will occur behind roll -up doors. ibis none reduction Ian ha Aeen previousiy presenEeci Eo tne . ron.n a.e . yk Association and ever 100 of its residents, �/l of ■uho.» approved of �s consent and were ppr-e t:■ie rrr- rc�rare�%ca, ca-vr � cvrrcc�c- mra- �rcrc- aF/arcEit�crr� the additional evnense being :nn..rren/ by PPG to accommodate the neghhors The nn;Q t-rec Street t- reef rem desire a hill ._ � k��ee� T„Ac�,- .,r,.��-A� area, which RPG - ►d,/ep��.,ti- to �„�epc- the residents -Iea it would ern /e f LAo■�. #ter pFeviecrrv�Te�esented e■.. h ■. RPG �� to effectiveness ef#cc�.- of s.. � hilly_ /eser/ I��„�en�c� - .P.re�e�a strMUP"�,/ -xevf Fit has been �t#e- determined that the ren��ac- extreaaynect f,r eutwee4hs any per-EefVed rr■enhan:na/ -/ benefit. Man- 49reeover -, the Teed to hill antUaIIY nreate more y ventilate s..eh C .�JCf noise on a nont:n..e.a a tf;u tore ■.i +h �TJCTITri Ti T7 CTI basis than the :nter-mittenf noise fcv deliveries. However-, the trash areas the businesses adfaEen-t— -.rom pexEeived te— Lin-Lttn Fd will he -fvr as nre �rra- au�rrrcz��.r represented to the B�tev sow■ unit■. f . hill enclosed crm- w-- �r.r�- -ova., �a� y C. Reducin_g Overall Buildin_g Area During the most recent neighborhood meeting held on Wednesday, October 10, 2012, the residents suggested a preferred reconfiguration of the buildings facing Linton Boulevard that did not require a reduction of overall building area. PG/ s des on team is s..rrent/y intenselv evalua :no the fens bilit■. of this The revised site plan incorporates these requested neighbor changes. r C. Reducin_g Overall Buildin_g Area During the most recent neighborhood meeting held on Wednesday, October 10, 2012, the residents suggested a preferred reconfiguration of the buildings facing Linton Boulevard that did not require a reduction of overall building area. PG/ s des on team is s..rrent/y intenselv evalua :no the fens bilit■. of this The revised site plan incorporates these requested neighbor changes. 3. Pursuant to LDR Section 4.3.4(K), Development Standards Matrix, the minimum open space required for a project in the SAD zoning District is 25 %. The proposed site plan provides for alternative concepts which provide between 16.2% and 17.12% open space. Relief from this section of the LDRs requires a variance. A waiver will be provided with the resubmittal of plans. a suggestien iq .,,,,�e for deration a 4nifinant lands i.,,nrn.iemepts (iR .ding a AHivA. g and perpetual maintelCir'racne —e ,�4ati , q m1a '/ng to to Eve 4e augment open spaGe. With regard to all waivers to be submitted, the following is a general statement that we respectfully ask the City to consider as we move forward with this endeavor to replace the aging and mostly vacant office complex on the southeast corner of South Federal Highway and Linton Boulevard with a modern retail and dining destination. RPG's principals and development team has a collective 100 years of significant retail site planning experience and have successfully built, own, and continue to manage and operate a portfolio of seven Florida significant retail properties totaling approximately 1.25 million square feet of retail space. Using this successful business experience, coupled with being local residents themselves, the principals of RPG are dedicated to bringing this prominent gateway of the City of Delay Beach back to prominence with a project of quality in every aspect, from exceptional architecture to an exceptional tenant mix. In such regard, and utilizing the intent of the Special Activities District zoning paradigm as suggested by the City Commission, RPG believes site planning elements for this particular project should be judged based upon form and the utilitarian aspect, rather than a zoning paradigm which the SAD construct seeks to avoid. All modern economic development surveys point to the rather long and uncertain land development process as the primary inhibitor to sustainable economic development, particularly in the retail sector. In shopping and dining projects, this long approval process often causes quality tenants to hesitate about coming into new markets when adjacent municipalities may be more inviting or when the immediate surrounding business environment (i.e., South Federal Highway) does not have a proven track record of success. However, working directly in concert with the greater Tropic Isle neighborhood to create a consensus site plan, quality tenants are beginning to feel more confident that they can commit to the South Federal Highway corridor and the Delray Place project. For the residents of the Tropic Isle Civic Association, RPG has taken a close look to court the right mix of tenants by beginning to "put the pieces of the puzzle together" in identifying quality retailers, quality dining options, and neighborhood services and amenities that best meet the present and future needs of the greater South Federal Highway community. This framework was then utilized to design a neighborhood retail center that could accommodate all of these needs and remain economically feasible for years to come. As a result of these discussions, RPG worked very hard to design an optimized site plan that intended to meet both the needs and desires of the City, the adjacent community, as well as the reasonable requirements of the types of quality retail and dining tenant RPG seeks to place, who themselves seek to protect and promote their own business models, trade dress, and goodwill. RPG remains committed to the continued collaboration with the leadership of the Tropic Isle, Tropic Bay, and the other neighborhood associations to develop a project that is financially feasible and economically sustainable for such an important corner of our City. 4. Pursuant to LDR Section 4.3.4(K), Development Standards Matrix, the minimum perimeter setback required for a project in the SAD zoning District is 15 feet. The 100 Building encroaches into this setback at the corner of Linton Boulevard and South Federal Highway; and it appears that a portion of the loading dock (Loading Area #1) also encroaches. Remove these encroachments or seek relief from this requirement. Relief from this section of the LDRs requires a variance. The north end of Building 100 on Linton Blvd. has been relocated on the site plan i ill be eduEedb to provide for the required 15 ft. setback. Loading Area # 1 does not encroach within the 15 ft. setback requirement. 5. Pursuant to LDR Section 4.4.25(D), Development Standards, "Within the front and any street side setback, the fifteen foot (15) setback area shall be a landscape area and no pavement shall be allowed therein except for pedestrian ways and driveways (or streets) which provide access to the property and which are generally perpendicular to the abutting street." An outdoor dining area is located within the required landscape area adjacent to the 400 building. Remove this encroachment or seek relief from this requirement. Relief from this section of the LDRs requires a waiver. For Building 400, it may be desired to locate a dining tenant at that location, if ultimately feasible. To the extent an outdoor dining area is included within a pedestrian way permitted within a required landscape area, no waivers should be required as this meets code. Though designed as a pedestrian way, the Applicant acknowledges that a Sidewalk Cafe Permit must be processed and approved before outdoor dining will be allowed. 6. Pursuant to LDR Section 4.3.4(H)(6)(b), Special Landscape Setbacks, a 25 foot landscape buffer is required along South Federal Highway. Provide the required buffer or seek relief from this requirement. Relief from this section of the LDRs requires a waiver. Dimension the landscape buffer adjacent to the parking areas along South Federal Highway and the distance from the property line to the dumpster adjacent to the 400 Building. Consistent with the elimination of the "Special Landscape Setback" endorsed by the South Federal Highway Redevelopment Plan, RPG has worked with planning staff to meet the intent of this code provision wherever an "urban edge" of buildings has not been provided. Notwithstanding, LDR Section 4.4.25(F) provides that such Special Regulations "may be applied" in SAD projects but are not required. Therefore, seeking relief is not necessary as this is not a "requirement" applicable to the project and may be otherwise addressed through the SAD review and approval process by the City Commission. However, an in an abundance of caution, a waiver will be submitted. 7. Pursuant to LDR Section 4.3.4(H)(6)(b), Special Landscape Setbacks, "Along Linton Boulevard, from A -1 -A to the western City limits, a special landscape area shall be provided. This landscape area shall be the smaller distance of either 30' or 10% of the average depth of the property; however, in no case shall the landscape area be less than ten feet (10'). "A 15.5 foot buffer is required along the narrow portion of the property along Linton Boulevard; and a 30 foot buffer is required along the deep portion of the property. Provide the required buffers or seek relief from this requirement. Relief from this section of the LDRs requires a waiver. While a 10' buffer is indicated, it appears that the parking overhang encroaches into this area. Provide additional dimensioning that clearly shows the dimension of the provided buffer. Additional dimensioning that clearly shows the dimension of the provided buffer will be provided. As stated above, LDR Section 4.4.25(F) provides that such Special Regulations "may be applied" in SAD projects but is not required. Therefore, seeking relief is not necessary as this is not a "requirement" applicable to the project and may be otherwise addressed through the SAD review and approval process by the City Commission. However, and in an abundance of caution, a waiver will be submitted. 8. As indicated in the Landscape Comments, an Existing Tree Survey must be provided. The proposed plans seek to remove all of the existing vegetation on the site. There are quite a few mature trees on this site. Where possible, these trees should be incorporated into landscape islands in the parking areas. A tree survey will be provided with the resubmittal of plans. 9. Pursuant to LDR Section 4.4.25(E)(1), "Parking and loading requirements (number of spaces) shall be as set forth on the site and development plan." However, the parking requirement for shopping centers of this size is typically 4 spaces per 1,000 square feet in the City [LDR Section 4.6.9(C)(3)(e).] The proposed site plan shows a substantial reduction (19.7 %) from this requirement with a deficit of 109 spaces. While a waiver is not required, the number of spaces must be adequate to support the proposed development. Therefore, a parking study must be provided to support this reduction. Additionally, with respect to parking balance, the spaces provided for the buildings along Linton Boulevard have a 28% deficit of 43 spaces from the typical shopping center requirements. Given that four of the five buildings in this area are labeled as potential restaurants, this is a concern. In fact, the number of potential restaurants in the entire shopping center is a concern. Given the limited parking, a reduction in the number of restaurants should be considered. A parking study will be provided that justifies the proposed parking. Additional parking has also been added to the site in excess of the previous site plan submittal. 10. Parking along the main access drive from South Federal Highway should be minimized to avoid conflicts and improve traffic flow. The handicapped accessible space in this aisle should be relocated. The HC space will be relocated. After reviewing various permutations, the design professionals have determined that the balance of the parking has been designed to be optimized for the usefulness of the site without further reducing parking count. 11. Pursuant to LDR Section 4.6.9(D)(3)(c), Stacking Distance, a required stacking distance of 50 feet is required. This distance has not been provided at the driveway connections to Eve Street and Linton Boulevard. Relief from this section of the LDRs requires a waiver. Eve Street is not a "thru street" and therefore we do not believe that the concerns with stacking distance exist. The effective stacking distance is to Federal Highway. The entrances on Linton, as proposed, match existing stacking distances which are twenty -six feet (26). However, an in an abundance of caution, a waiver will be submitted. 12. The dumpster enclosures for the 200, 300 and 400 buildings are located adjacent to designated outdoor dining areas for these buildings. This may not be practical due to odor issues. T�#j/���nre�a-g d Tat +e�d �l��as�n "ems ��n n.. eas" jon- the- its - plans. �a��,Te� -Hfor .r-e eFen Ge en,VT7T . AGtual tenant lonation is not yet- /'A "+GTrJ77.~7le' -t ^e be- GTetGT1'7'7'I'ne-d until final ppro-yals ter^ ^h+ain^rl and r^in�ir ^c �n ^34awina+i ^n ^�f Chocim -d until These dumpster enclosures will be fully enclosed and air - conditioned. 13. Indicate how trash is handled for the 600,700 and 1000 buildings. There are enclosed trash rooms in buildings 800 and 900 which will be used for all the tenants in buildings 600 -1100 1999. 14. Indicate where grease traps might be located for the potential restaurants. All grease traps will be located under paving in the parking lot. No grease traps will be located behind buildings 500 -510 and 600 - 11001999. 15. Indicate how loading is handled for the frontage buildings along South Federal Highway and Linton Boulevard. The South Federal Highway buildings will primarily use smaller box trucks for loading and temporary loading areas have been provided in between each of the South Federal Highway outparcels next to the trash enclosures. The Linton Boulevard buildings will similarly utilize smaller box trucks due to the limited size of the stores and temporary loading for these smaller premises will be primarily through adjacent fully- enclosed loading spaces between buildings 800 and 900. Zenes a tilized-uvaFrfiU idfcge -.-yes Delivery of goods will then occur either through the front entrances or, as feasible or necessary under conditions then existing, through the rear tenant entrances. 16. There are only two connections to the external sidewalk system for the entire development. Provide sidewalk connections to all buildings. All other buildings are connected to one another other which satisfy ADA requirements for shopping centers. 17. Provide a sidewalk along Eve Street and connect it to the sidewalk in front of the 506 -510 Building. 1--h, .'rn k Isle �r-m-e- »�r� - unity has expressed ng concern against �j removal gate -on Eve Street. RPG has no plane to emeve -9#: eleea +te, 9 TequeiTt- tPTpT•I�A•/TV'vp or elec-ate, the Eve Street gate without the express c-ens t o -the T� epi�y GiyiG Amass -�"A -at in,,n,. IAMiJe a sirlmknan be nrn.,irldrEe Stree nnec- tioni�- =„of tHi eiwal Ito- the hm_ nt ea h0-51.0 hui4ding tvi // medifinc°ltiens +ce +i-rre Ti "nv�aiG 14 P 4pruirku wall °nd4nr rmvp C+r -a+ nat- ne"ther of whin 00/'_` has nnn +rn� n.,er A sidewalk has been provided on Eve Street. 18. The proposed monument signs will require separate action and site plan approval. Noted. A master sign package will be submitted for the project. 19. It is anticipated that egress from the driveway on Eve Street will cause traffic problems for the adjacent neighborhood if the proposed redesign of the Tropic Square shopping center is not constructed. Redesign this connection to restrict exiting traffic to right -turn only. An alternative design with full turning movements can be provided as an alternative on the site plan approved with the SAD zoning and conditioned on the construction of the Tropic Square connection. This alternative design should be coordinated with the Tropic Square proposal. The current design appears to be slightly offset. While RPG agrees in concept, RPG is requesting that the currently proposed site plan depicting the connection with Tropic Square with full turning movements be approved as the primary egress from the driveway on Eve Street, with the alternative design that restricts exiting traffic to right -turn only movements be required only if the Tropic Square cross access connection point is not constructed. 20. Show sight visibility triangles for all driveway connections. Sight triangles wig be nrn.,ided with the— r-e-SUAmittal Gf are shown on the revised site plans. 21. Indicate the location of bicycle racks on the site plan. Two bicycle racks, each containing space for four bicycles, are shown on the revised site plan. will he pfuviueu ._..r_. r_._. „_.__. udf _.r 22. Indicate the number of children for the proposed daycare center and provide documentation that the requirements of LDR Section 4.3.3(E), Child Care Facilities, are being met. The location of the daycare center with the outdoor play area adjacent to the single family lots on McCleary Street is problematic. A less impacting location for this use should be sought. Tne Fesen y ynenunen ter�*ien of nre nes e_s�ee/ �f��ity is rr�pr �i�r --rcr cw— rvccrcrvrr v�vs rr w�--ra rcy-�� r-eh/ +is ffer sey»e O�f the resin is o f A4GG!e #y Street-, pressed +e ��e��o� ,- ����,�— .�TUep����as e����� O Orv-v on vEtebeF 10L, 2012, -her--the y did nelt iwaant to hear c- hfldr-en d'� 'army � Assuming the desired use of the premises as identified on the sites plan feF the nrepePJ pre_schewer ra-ultimate h ayi' +rr- R�v�rrr�Evr�th.0 ta to uyOrb uyit+hp resit'./ s to newer +O find � �fe�sih /e sO/yy +iOn That he�9 .r-..r �,� —.��en �en���r- �r,,at b said previsions fer quality nre_srhee /s in /le/Yw Qearh are a dpgir -pd amani+�i 1•m ir__ -4 aeneb +s not Only TreniG se ,- e a te#r � Coucm h Federal ^htya,y / i30 Cer +in ._-F in yv aI��00/_` 0=00C +e rer»nly With +he nrevis ns n�f ien 4.3.3(€), as app;kable. The childcare facility has been removed from the project. 23. Generators are required for all new grocery stores and pharmacies in the City. If these uses are anticipated, consideration should be given where they might be located now to avoid future compatibility issues with adjacent residential development. In the current site configuration, the generator would have to be located on the roof. As a general premise, the intent behind the requirement of a generator for both grocery stores and pharmacies was in response to past power outages resulting from hurricanes and the need to protect the public by preserving perishable goods. The intended food store for Delray Place overwhelmingly does not carry many perishable items but rather mainly dry goods. Likewise, there are no current plans to have a pharmacy use included within the project. 24. Provide a point by point response on how these items are being addressed. Respectfully provided and contained herein. LAW OFFICES WEINER, LYNNE & THOMPSON, P.A. MICHAEL S. WEINER JEFFREY C. LYNNE LAURIE A. THOMPSON JUSTIN M. CLAUD November 5, 2012 VIA EMAIL Ron Kolins, Esquire Two City Plaza 701 South Olive Avenue, Unit 313 West Palm Beach, Florida 33401 Re: Delray Place Our File No.: CAR0003 Dear Ron: PROFESSIONAL ASSOCIATION 10 SE 1 "AVENUE, SUITE C DELRAY BEACH, FLORIDA 33444 TELEPHONE (561) 265 - 2666 FACSIMILE. (561) 272 - 6$31 JLYNNE @ZONELAW.COM wWW.ZONEI AW.COM I understand you have been retained by some residents who live on McCleary Street directly behind the project and that you want to meet later this week or next to review all of the plans. We are more than happy to provide you with a copy of all plans and submittal documents associated with this project. Based upon our most recent resubmittal, the plans clearly demonstrate our ongoing commitment to integrating a great number of the numerous site changes requested by your clients including but not limited to fully - enclosed loading docks, trash compactors within fully - enclosed air - conditioned rooms, and a complete redesign with no rear doors of the small stores facing Linton Boulevard. This redesign also removed the proposed pre - school (at your clients' request) which our client felt was an otherwise essential feature to the sustainability of young families in the neighborhood. Our client further removed any ingress /egress to /from the rear of those buildings, as requested. Last, our client also redesigned some of the elevations facing south to break up the parapets, notwithstanding that the rear of those buildings will be effectively hidden from view by the extensive existing and additional landscape buffering proposed. In order to assist you in respect of your review of the public record, I have enclosed a copy of the site plan, the updated and revised TAC response comments, and a link on the City's website to the staff report and backup material, which can be found at: http: // agendas. mydelrayb each. ,com /ItemAttachments. aspx ?itemid- 61 60 &meetingi d =393 While we understand you have just been retained, please understand that my clients have been working with the neighbors and/or your clients for about a year. The Tropic Isle Civic Association Board of Directors supports the project as does the overwhelming majority of Tropic Isle /Tropic Bay residents. We have continually endeavored, in good faith and with best O:1CAR00031Letter to Ron Kohns. Nov 5 2012.doex Ron Kolins, Esq. November 5, 2012 Page 2 intentions, to meet and work with your clients and the other neighbors to find a way to reasonably address their concerns. That said, the current hearing schedule is one that we developed far in advance directly with the City's Planning Director. Based upon those hearing dates, business term agreements have been entered into with prospective tenants and commitments made which would otherwise cause significant financial harm and prejudice to our client if all parties do not adhere to that schedule. Your client's failure to timely hire you is not a reason for the adoption of a new schedule. It is our belief that the matter on tomorrow night's City Commission agenda is a Public Hearing only and not quasi-judicial in nature. If you have any questions, please confirm that with the City Attorney's Office. As we discussed, we look forward to now having a single -point of contact. We would appreciate a list of clients you represent since we still receive random inquiries from citizens and we would want to explain to them that your representation precludes us from speaking with them directly. Please be aware that the few residents who oppose the project have expressed competing demands upon Retail Property Group. Our client has incurred significant expense continually redesigning the site plan attempting to make one group happy only to be criticized by a different group. We are hopeful that we can resolve any outstanding differences in short order. Sincerely, FF YNNE JCL:ek Enclosures cc: Mr. David Harden, City Manager (via e -mail) Mayor Woodie McDuffe (via e -mail) Commissioner Torn Carney (via e -mail) Commissioner Adam Frankel (via e -mail) Commissioner Al Jacquet (via e -mail) Commissioner Angeleta Gray (via e -mail) Mr. Paul Dorling, Director of Planning and Zoning (via e -mail) Mr. Ron Hoggard, Senior Planner (via e -mail) Brian Shutt, Esquire, City Attorney (via e -mail) Chevelle Nubin, City Clerk (via hand - delivery) Ms. Kelly Freeman, President, Tropic Isle Civic Association (via e -mail) Mr. Joe Carosella, Retail Property Group (via e -mail) Mr. Louis Carosella, Retail Property Group (via e -mail) ��77 1�a7.— ����7�7 aDv ld AV va a HG W U Q I..L TF �1 J LL Q LU m Q ry LU rh 15 wd vs rh 15 wd z U) aa`mvaa .StliIT3Q H . = H -H " S Q �4 s v1 fl, IfN� . .... ........ W _ w bhNa w H8��3i O o U O oG 0 og SSS�p �9 0� zo 8 6 s� Bus - -s y z 00 e o$ a� a� . .... ........ 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I rF�� 1� U- (1) z 0 -q w q (D Ti \�/ I Z cl LL, cl LU LL, CL z 60 Z 60 > �w I > cl w - IQ w 0 — 11� U- co z LU M: 0 Scl }�� \�\� jq }�\ 0 (1) z w 0 5. I rF�� 1� U- (1) z 0 -q w q (D Ti \�/ I Z cl LL, cl LU LL, CL z 60 Z 60 > �w I > cl w - IQ w 0 — 11� U- co z LU M: 0 Scl 14 RIVIS kVA11G U U:)Vld AvIdIgG 24 �5 m 7 z LL 0 0 F- LLI C) C:) U) z LJ -J -3 < LLI z C) W 0 < P: 0- C) Lu co 0 2 F- F- < LLI C) 9 di 0 C) Ln z M -i D z 0 F: C) w U) C) Lu T- C) U) Wynn, Kimberly From: Dechicchio, Rosanne Sent: Tuesday, November 06, 2012 9:35 AM To: Harden, David; Dorling, Paul; Nubin, Chevelle Cc: Truxell, Rebecca; Bauer, Gerri; Wynn, Kimberly Subject: Resident's Input Regarding Delray Place Agenda Item Importance: High FYI From: Jeanette [mailto:iaflare(a)bellsouth.net] Sent: Monday, November 05, 2012 11:03 PM To: Dechicchio, Rosanne Subject: Re: Response to Inquiry Regarding Agenda Item Atlantic plaza was scheduled for nov 6th BUT since it conflicted with election day it was postponed. Not postponing Delray Place is a kick in the face to tropic isle homeowners. The city is only interested in the tax money that will be coming from developing Delray place and unfortunately NOT the homeowners whose property values will decrease. Leaving this issue on the table for nov 6th is wrong and in fact holding any meeting that evening is not in the interest of the public that most likely not be able to attend. On Nov 5, 2012, at 5:18 PM, " Dechicchio, Rosanne" < dechicchio(ctmydelraybeach.com> wrote: Thank you for the email correspondence regarding Ordinance No. 41 -12, "Consideration of a privately- initiated rezoning from POC (Planned Office Center) to SAD (Special Activities District) for Delray Place, located at the southeast corner of Linton Blvd and South Federal Highway." This item was advertised as a Public Hearing for the November 6, 2012 City Commission Meeting and therefore cannot be changed. However, this is the First Reading /First Public Hearing. If passed, those who were unable to attend the November 6th meeting will have another opportunity to present public comment at the Second Reading /Second Public Hearing on December 11, 2012. During the Second Public Hearing, the City Commission will be reviewing the site plan. In addition to public comment at the Commission meeting, comments, questions and concerns regarding this Agenda item can be emailed to pio(O-)-mydelraybeach.com and /or mailed to: City of Delray Beach, Public Information Office, 100 NW 1St Avenue, Delray Beach, FL 33444. The correspondence will be forwarded to the appropriate City official and /or City staff member. Feel free to contact me for additional assistance. . anne DeChieehio Administrative Assistant Public Information Office City of Delray Beach Additional Information for Item 11. B. (561) 243 -7190 dechicchWcDm ydelra ybeach. com From: Jeanette Alexander [mailto:iaflare(abellsouth.net] Sent: Sunday, November 04, 2012 11:43 AM To: PIOCamvdelravbeach.com Subject: Nov 6th. Commission Meeting I would assume that the Federal Highway/Linton Blvd. issue has also been moved to the 13th. of November. No agenda should be reviewed on the election night, to many working people that may still be voting in long lines and unable to defend their choices regarding their community and homestead. Jeanette Alexander 561 -573 -1454 Additional Information for Item II.B. MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: David Harden, City Manager DATE: October 31, 2012 SUBJECT: AGENDA ITEM 12.A. - REGULAR COMMISSION MEETING OF NOVEMBER 6, 2012 ORDINANCE NO. 31 -12 ITEM BEFORE COMMISSION Consider a City- initiated amendment to Chapter 117, "Landlord Permits ", of the Code of Ordinances, by amending Section 117.01(B) Permit Required to Eliminate the "Rental Payment" as a requirement to the City. BACKGROUND The City adopted Ordinance 08 -12 at its regular meeting of February 21, 2012, providing for multiple changes to Chapter 117 governing Landlord Permits. Staff is in the middle of the annual renewal process. One of the major objections from property owners is the requirement to include the monthly rental amount on the lease. Thus, we are recommending amending the Chapter 117 to eliminate this specific requirement. RECOMMENDATION Staff recommends City Commission approval of Ordinance 31 -12 on first reading, providing for the public hearing and second reading on November 20, 2012. ORDINANCE NO. 31 -12 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 117, "LANDLORD PERMITS ", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 117.01, "PERMIT REQUIRED ", TO REMOVE THE REFERENCE TO RENTAL PAYMENT AMOUNT; PROVIDING A SAVING CLAUSE, A GENERAL, REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission has the authority to protect the public health, safety and welfare of its citizens; and WHEREAS, the City Commission of the City of Delray Beach desires to update the landlord permit submission requirements in order to streamline the landlord permit application process. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 117, "Landlord Permits ", Section 117.01, "Permit Required ", shall be amended to read as follows: Sec. 117.01. PERMIT REQUIRED. (A) No person, company or other entity may offer to or lease, sublease, rent, license, sublicense or have any other arrangement allowing occupancy of any residential units unless a landlord permit is obtained or in existence for the units. All oral rental arrangements shall be included within the scope of this Section, but the operation of a hotel shall not be included in this Section (any building which fits the definition of hotel but also fits the definition of another use which requires a landlord permit shall be interpreted to require a landlord permit), nor shall any facility licensed by the State as a Group Home or Community Residential Home or Assisted Living Facility. Whenever Chapter 117 refers to "lease(s) ", "leased ", "rent(s) ", or "rented ", it shall hereinafter include leases, subleases, rentals, licenses, sublicenses and all other arrangements for the occupancy of property. (B) A separate permit shall be required for each leased unit. However, where a building contains a number of leased units under the same owner, or where a number of different owners in one building authorize the same person or company to act as their agent for the purposes of applying for a permit, a single permit may be obtained for all qualifying units within a single building which are under the same owner or agent, provided that the permit fee is paid for each individual unit. Any such permit issued by the City for residential unit(s) being leased for the first time shall be conditioned upon the applicant providing the City's Director of Community Improvement or his /her designee a current copy of all leases, subleases and /or agreements to occupy the building or unit(s) therein and providing updated copies of all leases, subleases and /or agreements to occupy the building or unit(s) therein within thirty (30) days of any changes. In the event of an oral agreement between the parties instead of a written lease, the terms of these agreements shall be reduced to writing, specifically including, but not limited to, duration of the lease term, , and number of tenants, such information to be provided to the City at the time of application and within thirty (30) days of any modification thereof. Any such permit being renewed by the City shall be conditioned upon the applicant providing to the City's Director of Community Improvement or his /her designee all required information with the application. Nothing in this Section shall require a permit for any unit enrolled in Federal housing programs or under Federal [Department of] Housing and Urban Development general supervision. (C) Leased residential dwelling units seeking such permits shall be limited to four (4) vehicles per dwelling unit, for which residential parking stickers may be obtained, provided that, upon good cause shown, specifically including availability of garage space, additional parking stickers may be issued by the Community Improvement Director, if the additional stickers will not affect the quality of the neighborhoods. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such 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 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. 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 2012. ATTEST MAYOR City Clerk First Reading Second Reading 2 ORD. NO. 31 -12