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08-02-05 Agenda Reg ~ City of Delray Beach Regular Commission Meeting I ==:J RULES FOR PUBLIC PARTICIPATION 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order of presentation being as follows: City Staff, public comments, Commission discussion and official action. City Commission meetings are business meetings Tuesday. August 2.2005 and the right to limit discussion rests with the Commission. Generally, remarks by an individual will be limited to three minutes or less. The Mayor or Regular Meeting 6:00 p.m. presiding officer has discretion to adjust the amount of time allocated. Public Hearings 7:00 p.m. A. Public Hearings: Any citizen is entitled to speak on items under this Commission Chambers Dekay Beach City Hall section. B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments, C. Regular Agenda and First Reading Items: Public input on agendaed items, other than those that are specifically set for a formal public hearing, shall be at the specific request of individual City Commission members, 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address public hearing or non-agendaed items should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission on an appropriate item. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign-in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals, Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present, APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record, 100 NW 1st Avenue Dewy Beach, Florida 33444 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, Phone: (561) 243-7000 program, or activity conducted by the City. Contact Doug Randolph at 243- Fax: (561) 243-3774 7127, 24 hours pnor to the event in order for the City to accommodate your request. Adaptive listerung deVices are available for meetings in the Comnussion Chambers. 1. ROLL CALL. 2. INVOCATION. 3, PLEDGE OF ALLEGIANCE TO THE FLAG. 4, AGENDA APPROVAL. 5, APPROVAL OF MINUTES: . July 19, 2005 - Regular Meeting 6, PROCLAMATIONS: . NONE 7. PRESENTATIONS: A. Firemark Award, Liberty Mutual- Paramedic James Bunnell B, Dr. Nancy Poulson, Interim Dean of the Harriet L. Wilkes Honors College, John D, MacArthur Campus, Florida Atlantic University C. Jay Alperin, Presentation of a Resolution by Old School Square on Site Master Plan 8, CONSENT AGENDA: City Manager Recommends Approval, A. FINAL SUBDIVISION PLAT APPROVAL/NORTH DEL-IDA ESTATES PLAT: Approve the subdivision plat for North Del-Ida Estates, located on the west side ofN,E, 2nd Avenue, between N,E, 6th Street and N,E. 7th Street, B, FINAL SUBDIVISION PLAT APPROVAL/WALLACE DRIVE COMMERCE CENTER PLAT: Approve the subdivision plat for Wallace Drive Commerce Center, located on the west side of Wallace Drive, between Poinsettia Drive and Georgia Street, C. AGREEMENT/CO~ SECURITY CORPORATION: Approve an agreement with Command Security Corporation to administer the City's off-duty police details, D, AGREEMENT/URBAN DESIGN STUDIO, LLC: Approve a consulting agreement with Urban Design Studio, LLC to provide architectural review services for Beach Overlay District Projects that are governed by the Beach Design Guidelines for a fee of $750,00 per project, 08-02-2005 - 2 - E, SPECIAL EVENT REOUEST /CARIBBEAN AMERICAN CULTURAL FESTIVAL: Consider a special event request to allow the 3rd Annual Caribbean American Cultural Festival sponsored by the Caribbean American Business Association, Inc. to be held on October 16, 2005 from 3:00 p,m, until 11 :00 p,m. on the grounds of Old School Square, including a temporary use permit per LDR Section 2,3.6(H) for the use of a portion of N,E. 1st Avenue north of the grounds of Old School Square, staff assistance for traffic control/security, trash removal/ clean up, event signage, EMS assistance, and barricade set up with event signage to be installed no earlier than October 7, 2005; contingent on the sponsor providing a hold harmless agreement, certificate of insurance, and payment of City costs per event policies/procedures. F, FIRST AMENDMENT TO FUNDING AGREEMENT/DELRAY YOUTH VOCATIONAL CHARTER SCHOOL: Approve the First Amendment to the funding agreement with Delray Youth Vocational Charter School which provides for an award of $12,000,00 and extends the current agreement through September 30, 2005. Funding is available from 115-2126-521-83,01 (Special Projects Fund/2004 Weed and Seed/Other Grants/ Aid). G. RATIFICATION OF THE SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTIONS: Approve and ratify the actions of the South Central Regional Wastewater Treatment and Disposal Board at their Quarter Annual Meeting of July 26, 2005, H, RESOLUTION NO. 53-05: Approve Resolution No. 53-05 authorizing the reimbursement of original expenditures with proceeds of lease purchase financing of 133 Laptops for the Police Department totaling $487,977,00. I. RESOLUTION NO. 54-05: Approve Resolution No, 54-05 authorizing a master lease agreement with Fifth Third Bank and lease purchase financing for 133 Laptops for the Police Department totaling $487,977.00, J. LEASE AGREEMENT WITH RICK CASE HONDA: Approve a lease agreement with Rick Case Honda to lease nine (9) Honda Civics for thirty-six (36) months in the total amount of $78,435,00 to support the Police Department's Volunteer Program, Funding is available in 001-2113-521-44.40 (General Fund/Vehicle Rental/Lease), K. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period July 18,2005 through July 29, 2005, L. AWARD OF BIDS AND CONTRACTS: 1. Purchase award to Clarke Waste Systems, Inc, in the amount of $25,050,00 for the purchase of an Applied Green Machine Sidewalk Sweeper Model 424 RS, Funding is available from 119-4144-572-64,90 (Beautification Trust Fund/Other Machinery/Equipment). 08-02-2005 - 3 - 2, Purchase award to FireCo, Inc, in the amount of $21,386,00 for the purchase of two (2) hand held ISG Kl000 Thermal Imaging Cameras for the Fire Department. Funding is available from 115-0000-248-64.00 (Special Projects Fund/Reserve for Fire Rescue), 9, REGULAR AGENDA: A. CONDITIONAL USE REOUEST /BEAST TO BEAUTY: Consider a request to allow the establishment of a kennel to be known as Beast To Beauty, located at the Corporate Tech Center Bay "A" (2905-A South Congress Avenue), (Quasi-Judicial Hearing) B, RESOLUTION NO. 50-05: Consider approval of Resolution No, 50-05 authorizing the City to purchase approximately 6,02 acres of property located at the northwest comer of S.W. 7th Avenue and Auburn Avenue; and Contract for Sale and Purchase between the City and Auburn Trace, Ltd, in the amount of $1,500,000,00, C. CLEAR CHANNEL OUTDOOR REOUEST: Consider a request by Clear Channel Outdoor to reduce the local billboards in exchange for three (3) new 1-95 locations, Staff recommends denial. D, APPOINTMENTS TO THE PUBLIC ART ADVISORY BOARD: Appoint three (3) regular members to the Public Art Advisory Board for one (1) year terms ending August 2, 2006 and appoint four (4) regular members for two (2) year terms ending August 2,2007, Based upon the rotation system, the appointments will be made by Commissioner Ellis (Seat #1), Commissioner Archer (Seat #2), Commissioner Levinson (Seat #3), Commissioner McCarthy (Seat #4), Mayor Perlman (Seat #5), Commissioner Ellis (Seat #1), and Commissioner Archer (Seat #2), 10. PUBLIC HEARINGS: A. ORDINANCE NO. 56-05 ~IRST READING/TRANSMIITAL HEARING FOR COMPREHENSIVE PLAN AMENDMENT 2005-2): Consider on first reading an ordinance adopting Comprehensive Plan Amendment 2005-2 and associated Future Land Use Map (FLUM) amendments, and authorize transmittal to the State Department of Community Affairs. Amendment 2005-2 includes: 1. Text Amendments: a, Future Land Use Element - Modification of the description of the Medium Density FLUM designation to include provisions for increased density to approximately 18 units/acre within the boundaries of special overlay districts to accommodate higher density residential development subject to the provision of workforce housing, 08-02-2005 - 4 - b, Future Land Use Element - Modification of the description of the Transitional FLUM designation to include provisions for increased density to approximately 18 units/acre within the boundaries of special overlay districts to accommodate higher density residential development subject to the provision of workforce housing. c, Future Land Use Element - Modification of the description of the General Commercial FLUM designation to include provisions for increased density to approximately 18 units/acre within the boundaries of special overlay districts to accommodate higher density residential development subject to the provision of workforce housing, d, Future Land Use Element - Add policy regarding creation of an overlay district for the Congress A venue Corridor to encourage the development of Class A corporate offices, e, Transportation Element - Add policy regarding the change of NE/SE 1 st Streets from one-way back to two way traffic. f, Transportation Element - Add policy regarding enhancement of the US-1 corridor (NE/SE 5th Avenue and NE/SE 6th Avenue) between N,E. 4th Street and S,E, 4th Street through beautification and the provision of improved parking and pedestrian circulation, g, Transportation Element - Add policy to seek the reduction of the ultimate right-of-way for Federal Highway from 120 feet to 100 feet, north of George Bush Boulevard, h. Housing Element - Revise "Analysis" section to update information pertaining to historically significant housing, 1. Open Space and Recreation Element - Update "Analysis", "Conclusions" and "Needs and Recommendations" sections to reflect updated conditions and to be consistent with the adopted City of Delray Beach Parks and Recreation System Master Plan. 2, Future Land Use Map Amendments: a. Future Land Use Map amendment from ill (Residential Low Density 0-5 du/ac) in part and GC (General Commercial) in part, to OS (Open Space) for the public park within the Bexley Park Subdivision, located on the east side of Military Trail north of the L-31 Canal. b. Future Land Use Map amendment from County CH-8 (Commercial High with an underlying High Residential, 8 units per acre) to City GC (General Commercial), in part, and TRN (Transitional), in part for Valero Gas Station, Watkins Motor Lines, and Public Self Storage, Inc" located on the west side of Military Trail, 100 feet north of Conklin Drive, 08-02-2005 - 5 - c, Future Land Use Map amendment from RDA-3 (Redevelopment Area #3) to MD (Residential Medium Density 5-12 du/ac) for the Lee Burke property, located on the north side of Linton Boulevard, 660 feet west of S.W, 4th Avenue, d. Future Land Use Map amendment from RDA-3 (Redevelopment Area #3) to MD (Residential Medium Density 5-12 du/ac) for the Lintco multi-family site, located at the northwest comer of Linton Boulevard and S,W, 4th Avenue, B. ORDINANCE NO. 62-05 (FIRST READING/FIRST PUBLIC HEARING): Privately initiated amendment to Land Development Regulations (LDR), 4,4,6(D)(11), "Medium Density Residential (RM) District; Conditional Uses and Structures Allowed", to expand the geographical location where private beach clubs are allowed within the RM Zoning District, If passed, a second public hearing will be scheduled for August 16, 2005. C. ORDINANCE NO. 61-05 ~IRST READING/FIRST PUBLIC HEARING): Privately initiated amendment to Land Development Regulations (LDR), 4.4,19(D)(2), "Mixed Industrial and Commercial (MIC) District; Conditional Uses and Structures Allowed", to add the storage and rental of heavy construction equipment not over 1 00' long, 14' wide, and 15' high as a Conditional Use in the MIC (Mixed Industrial and Commercial) zoning district. If passed, a second public hearing will be scheduled for August 16, 2005. D, COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FIVE-YEAR CONSOLIDATED PLAN (2005-2010) AND FISCAL YEAR 2005-2006 ANNUAL ACTION PLAN: Consider approval of the Community Development Block Grant (CDBG) Five-Year Consolidated Plan (2005-2010) and Fiscal Year 2005- 2006 Annual Action Plan required by the Housing & Urban Development (HUD) Department of the United States for utilization of grant funds, 11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS. A. City Manager's response to prior public comments and inquiries, B, From the Public. 12, FIRST READINGS: A. ORDINANCE NO. 53-05: Rezoning from CBD (Central Business District) to CF (Community Facilities) for a 0,78 acre parcel of land for Delray Community Missionary Baptist Church, located on the north and south sides of S,W, 1st Street, west of S,W. 5th Avenue, If passed, a public hearing will be scheduled for August 16, 2005. 08-02-2005 - 6 - B, ORDINANCE NO. 57-05: Rezoning from PC (planned Commercial) in part, and PRD (planned Residential Development) in part, to OSR (Open Space and Recreation) for an 11,15 acre parcel of land for Bexley Park, located between Barwick Road and Military Trail north of the L-31 Canal, C. ORDINANCE NO. 59-05: Rezoning from R-1-A (Single Family Residential) to RM (Medium Density Residential) for a 0.5 acre parcel of land for the Lee Burke Property, located on the north side of Linton Boulevard, approximately 660 feet west of S.W, 4th Avenue. D, ORDINANCE NO. 60-05: Rezoning from R-1-A (Single Family Residential) to RM (Medium Density Residential) for a 7,05 acre parcel of land for Lintco Properties, generally located at the northwest comer of Linton Boulevard and S,W, 4th Avenue, E, ORDINANCE NO. 64-05: An ordinance amending Chapter 95, "Emergency Management", by enacting Section 95.16, "Portable Generators", to provide for the regulation of portable generators. If passed, a public hearing will be scheduled for August 16, 2005, 13, COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. A. City Manager B, City Attorney C. City Commission POSTED: JULY 29, 2005 08-02-2005 - 7 - JULY 19.2005 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Jeff Perlman in the Commission Chambers at City Hall at 6:00 p.m" Tuesday, July 19,2005. 1:. Roll call showed: Present - Commissioner Patricia Archer Commissioner Rita Ellis Commissioner Jon Levinson Commissioner Alberta McCarthy Mayor Jeff Perlman Absent - None Also present were - David T, Harden, City Manager Robert A. Barcinski, Assistant City Manager Susan A. Ruby, City Attorney Terrill Barton, Assistant City Attorney Janet K. Whipple, Acting City Clerk Mayor Perlman stated he would like to observe a moment of silence for three valued members of the community who passed away last week. He stated the mother (Rita Weaver) of the former CRA Chairman John Weaver, the mother (Ruth Chapin) of former City Councilman Robert Chapin and the mother (Alice Carney) of current CRA member Tom Carney, 2. The opening prayer was delivered by Reverend Nancy McCarthy (St. Paul's Episcopal Church) and whose Parish is in Deerfie1d Beach. 3. The Pledge of Allegiance to the flag of the United States of America was gIven, 4. AGENDA APPROVAL. Mayor Perlman noted the addition of information for Item 8.J.5, Award of Bids and Contracts. He also noted the addition of Item 8.K., Two (2) K-9 Sale and Hold Harmless Ae:reements for Approval/Officers Kenneth Duarte and David Weatherspoon and the City of Delrav Beach and Item 8.L., Proposal for a Comprehensive Survey of the Citizens of Delrav Beach Ree:ardine: Their Perceptions of Our Police Department to the Consent Agenda by addendum. Mr, Levinson moved to approve the Agenda as amended, seconded by Ms, McCarthy. Upon roll call the Commission voted as follows: Mrs. Ellis- Yes; Mrs. Archer - Yes; Mr, Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. 07/19/05 5. APPROVAL OF MINUTES: Mr. Levinson moved to approve the Minutes of the Regular meeting of July 5, 2005, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes. Said motion passed with a 5 to 0 vote. Mrs, Ellis moved to approve the Minutes of the Special/W orkshop Meeting of July 12, 2005, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr, Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs, Ellis - Yes; Mrs, Archer - Yes. Said motion passed with a 5 to 0 vote, 6. PROCLAMATIONS: 6.A. National Kids Day - Aue:ust 7. 2005 will be mailed to Stephanie Shipley. Development Coordinator of the Boys & Girls Clubs of Palm Beach. County. Inc. Mayor Perlman read and presented a proclamation hereby proclaiming the first Sunday in August as National Kids Day in the City of Delray Beach. He stated this proclamation will be mailed since Stephanie Shipley is not in attendance this evening. 7. PRESENTATIONS: 7.A. Lee:islative Session Update - Senator Ron Klein Senator Ron Klein with the 30th District (includes Delray Beach and parts of Palm Beach and Broward Counties) presented the Commission with the 2005 Legislative Session update (a copy is attached hereto and made an official part of the minutes), 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. FINAL BOUNDARY PLAT APPROVAL/OWENS BAKER PLAT: Approve the boundary plat for Owens Baker Plat (Atlantic High School Site) which includes formal abandonments of rights-of-way of dedicated street networks within the Parkside Townhomes and Breezy Ridge Estates Plat, located on the north side of West Atlantic A venue, between Coral Trace Boulevard and the Lake Worth Drainage District (LWDD) E-4 Canal. 8.B. RESOLUTION NO. 49-05: Approve Resolution No. 49-05 assessing costs for action necessary to remove junked andlor abandoned vehicles from six (6) properties throughout the City, - 2 - 07/19/05 The caption of Resolution No. 49-05 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, PURSUANT TO CHAPTER 90 OF THE CODE OF ORDINANCES OF THE CITY OF DELRA Y BEACH, ASSESSING COSTS FOR ABATING NUISANCES BY REMOVING JUNKED AND/OR ABANDONED VEHICLES WITHIN THE CITY OF DELRA Y BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING SAID COSTS; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE OF LIEN. (The official copy of Resolution No. 49-05 is on file in the City Clerk's Office. ) S.C. EASEMENT DEEDS/S.W./N.W. 5TH A VENUE: Approve and accept easement deeds and construction documents with property owners along S,W./N.W. 5th Avenue for the S.W./N.W. 5th Avenue Improvements Project. S.D. DONATION OF BRONZE STATUE: Authorize acceptance ofa gift of a bronze replica of a boy on a skateboard, valued at $2,500,00, for the Skate Park. S.E. FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT)! RESOLUTION NO. 46-05 AND RESOLUTION NO. 47-05/GATEWAY PARKS: Approve a Joint Participation Agreement (JP A) and a Memorandum of Agreement (MOA) with the Florida Department of Transportation (FDOT) for funding in the amount of $40,000,00 for landscape improvements to the Gateway Parks; and approve Resolution No, 46-05 and Resolution No, 47-05. The caption of Resolution No, 46-05 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, APPROVING THE JOINT PAR TICIP A TION AGREEMENT FOR THE IMPROVEMENTS AND FUNDING OF THE GATEWAY PARKS LOCATED ADJACENT TO ATLANTIC AVENUE ON THE EAST SIDE OF 1-95 AND AUTHORIZING THE EXECUTION OF THE AGREEMENT. - 3 - 07/19/05 (The official copy of Resolution No, 46-05 is on file in the City Clerk's Office. ) The caption of Resolution No. 47-05 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, APPROVING THE MAINTENANCE MEMORANDUM OF AGREEMENT FOR IMPROVEMENTS TO AREAS ADJACENT TO ATLANTIC AVENUE AND JUST EAST OF 1-95 AND AUTHORIZING THE EXECUTION OF THE AGREEMENT, (The official copy of Resolution No. 47-05 is on file in the City Clerk's Office, ) 8.F. SERVICE AUTHORIZATION NO. 2/HAZEN & SAWYER. INC.: Approve Service Authorization No, 2 to Hazen & Sawyer, mc, in the amount of $163,150.00 for design of infrastructure improvements for the Osceola Park Neighborhood Improvements Project, Funding is available from 334-3162-541-65,85 (General Construction Fund/Osceola Park), 442-5178-536-65,85 (Water/Sewer Renewal & Replacement Fund/Osceola Park), and 448-5461-538-65.85 (Stormwater Utility Fund/ Osceola Park). 8.G. RESOLUTION NO. 51-05: Approve Resolution No, 51-05 adopting the National Incident Management System (NIMS) as the official management standard for emergency operations within the City. The caption of Resolution No, 51-05 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, DESIGNATING THE NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS) AS THE CITY'S INCIDENT MANAGEMENT STANDARD FOR EMERGENCIES OCCURRING WITHIN THE CITY. (The official copy of Resolution No. 51-05 is on file in the City Clerk's Office, ) 8.H. SERVICE AUTHORIZATION NO. 2/KEITH & SCHNARS: Approve Service Authorization No.2 to Keith & Schnars in the amount of $125,760,00 for design of hardscaping and landscaping improvements for the West Atlantic Avenue Phase 3 Beautification Project. Funding is available from 334-3162-541-65.24 (General Construction Fund/W est Atlantic A venue Beautification Phase 3/10th A venue to 6th Avenue) and 441-5161-536-65.24 (Water/Sewer Fund/W est Atlantic Avenue Beautification Phase 3/1 oth A venue to 6th Avenue), -4- 07/19/05 8.1. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period July 5,2005 through July 15, 20005. S.J. AWARD OF BIDS AND CONTRACTS: 1. Bid award to Conco Horticultural in the amount of $36,093,50 for the installation of a landscape buffer at the Gateway Parks, Funding is available from 119-4151-572-61,74 (Beautification Trust Fund/Gateway Parks), 2. Purchase award to Contemporary Controls & Communications, Inc, in the amount of$41,328,67 for the purchase of nine (9) Flow Meters, one (1) Irrinet with two (2) radios and eight (8) Scorpio Controllers for the West Linton Boulevard Beautification Project. Funding is available from 119-4151-572-63.20 (Beautification Trust Fund/Landscaping/Beautification). 3. Purchase award to GameTime in the amount of $79,996,84 via Florida State Contract #650-001-04-1 for playground equipment for Lake Ida Park. Funding is available from 380-4150-572-63,26 (2004 G,O, Bond/Lake Ida Park). 4. Purchase award to GameTime in the amount of $39,692.11 via Florida State Contract #650-001-04-1 for playground equipment for the Mike Machek Boy Scout Park. Funding is available from 380-4150-572-63.25 (2004 G.O. Bond/Boy Scout Hut Park). 5. Contract award to Chaz Equipment for the Swinton Avenue Beautification Project. Contract award to Chaz Equipment Co., in the amount of $1,154,230.00 (City contribution $747,956.00; CRA contribution $406,274.00) for Beautification Improvements along Swinton Avenue from S.W';SE 2nd Street to Lake Ida Road and N.W. 1st Street from N.W, 1st Avenue to N. Swinton Avenue. Funding is available from 119-4151-572.60-69 (after the transfer and contribution from CRA). 8.K. TWO (2) K-9 SALE AND HOLD HARMLESS AGREEMENTS FOR APPROVAL/OFFICERS KENNETH DUARTE AND DAVID WEATHERSPOON AND THE CITY OF DELRAY BEACH: Consider approval of two (2) Police K-9 Sale and Hold Harmless Agreements between Officers Kenneth Duarte and David Weatherspoon and the City of Delray Beach, These agreements authorize the sale of Don and Art (German Shepherds) to Weatherspoon and Duarte respectively for $1.00. Officers Weatherspoon and Duarte further indemnify the City for any damages caused by the K-9's after the sale. S.L. PROPOSAL FOR A COMPREHENSIVE SURVEY OF THE CITIZENS OF DELRAY BEACH REGARDING THEIR PERCEPTIONS OF OUR POLICE DEPARTMENT: Approve agreement with DiagnosticsPlus, a sole - 5 - 07/19/05 -~- ------ source vendor, to conduct a survey to obtain a comprehensive, representative picture of attitudes and perceptions of the citizens of the City of Delray Beach regarding their Police Department. The results of the research will identify positive and productive approaches to improving the services provided, and to better the communications between the citizens and the Police Department. The total cost for the survey will be $25,000,00; funds are available in 115-2112-521-49.90 (Other Current Charges). Mrs. Archer moved to approve the Consent Agenda as amended, seconded by Mrs, Ellis. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs, Ellis - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes, Said motion passed with a 5 to 0 vote. 9. REGULAR AGENDA: 9.A. WAIVER REQUEST/SHERWOOD PONTIAC DEALERSHIP: Consider a waiver request to allow a temporary sales/office trailer for Sherwood Pontiac, located at 2450 South Federal Highway, approximately 600 feet north of Fladell's Way. (Quasi-Judicial Hearing) Mayor Perlman read the Quasi-Judicial procedures for a Quasi-Judicial Hearing for this item and all subsequent Quasi-Judicial items, Janet Whipple, Acting City Clerk, swore in those individuals who wished to give testimony on this item, Mayor Perlman asked the Commission to disclose their ex parte communications. No ex parte communications were disclosed. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2005-239 into the record, Mr. Dorling stated on April 27, 2005, the Site Plan Review and Appearance Board (SPRAB) approved the demolition of the existing 1,530 square foot modular sales office building, construction of a 4,543 square foot sales office and get- ready building, reconfiguration of the parking area adjacent to the proposed building, reducing the parking spaces from 194 to 164, and installation of associated landscaping, The developer is now requesting to relocate the existing 1,530 square foot modular sales office building to another location on the site to serve as a temporary sales trailer during construction of the new sales building, As permits for temporary modular buildings are not specifically identified in the list of allowable temporary uses provided in the LDR Section 2.4.6(F), approval of a waiver from the City Commission is required and is now requested. The required findings under LDR Section 2.4.7(B)(5) are found in the staff report and staff recommends approval of the waiver subject to the temporary relocation of the trailer for 18 months, and that the trailer permit be issued in conjunction with the building permit for the permanent building. The recommendation of staff is based upon positive findings - 6- 07/19/05 with respect to LDR Section 2.4,7(B)(5), subject to the following conditions: (1) that a site plan modification is processed and approval obtained from the Site Plan Review and Appearance Board (SPRAB), and (2) that the site be fully restored in compliance with the approved site plan of Sherwood Pontiac Used Cars Dealership once the trailer is removed, At this point, the applicant stepped forward, Mark Marsh of Digby Bridges, Marsh & Associates P.A., (Architects) 124 N,E, 5th Avenue, Delray Beach, stated he has no comments, Mayor Perlman stated if anyone from the public would like to speak in favor or in opposition of the waiver request, to come forward at this time. Ms, McCarthy moved to approve the waiver request to allow a temporary permit for a temporary sales office facility, for a period not to exceed 18 months, to be issued in conjunction with the building permit for the permanent building; based upon positive findings with respect to LDR Section 2.4,7(B)(5), subject to the two (2) conditions listed in the Planning and Zoning staff report, seconded by Mrs, Archer. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms, McCarthy - Yes. Said motion passed with a 5 to o vote. 9.B. RECONSIDERATION OF APPROVED OPERATING HOURS CONDITIONAL USE REQUESTS/QUICK LANE TIRE SERVICE CENTER/FULL SERVICE AUTO REPAIR: Reconsideration of the approved operating hours for the establishment of a Quick Lane Tire Service Center; and the establishment of an auto repair facility in conjunction with a used car dealership within the AC (Automotive Commercial District), located on a 3.04 acre site at 2225 and 2255 South Federal Highway, approximately 300 feet south of Tropic Boulevard, (Quasi- Judicial Hearing) Janet Whipple, Acting City Clerk, swore in those individuals who wished to give testimony on this item. At this point, the City Attorney stated it would be appropriate for the City Commission to make a motion for reconsideration, vote, and then hear the evidence presented, Mrs, Ellis moved to approve reconsideration of the approved Conditional Uses granted by the City Commission, seconded Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Ellis - Yes; Mrs, Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes, Said motion passed with a 5 to 0 vote. The City Attorney announced that the Commission can now continue with the Quasi-Judicial Hearing. - 7 - 07/19/05 ---- - ---- Mayor Perlman asked the Commission to disclose their ex parte communications, No ex parte communications were disclosed. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2005-154 into the record. Mr. Dorling stated this is a reconsideration of two (2) conditional uses granted by the City Commission on July 5,2005. One was a specialized Quick Lane Tire Service Center (all make lube and tire service) and one a Full Service Auto Repair facility in conjunction with a used car dealership. At that meeting, the City Commission approved these conditional use requests subject to restrictions on the hours of operation as recommended by the Planning and Zoning Board, The original hours requested by the applicant are for the Full Service Auto Repair facility would be Monday through Thursday, 8:00 a.m, to 8:00 p,m" Friday, 8:00 a,m. to 6:00 p.m" Saturday 8:00 a.m, to 5:00 p.m., and Sunday 12:00 noon to 5:00 p.m, The Commission approved the conditional uses with the modifications limiting the starting time for the Quick Lane Tire Service Center operation hours to begin at 8:00 a,m. versus 7:00 a.m, and not allowing the Sunday hours for the Auto Repair Facility. This was based upon concerns relating to the impact on residential uses immediately to the east. At its meeting of June 20, 2005, the Planning and Zoning Board held a public hearing in conjunction with the Conditional Use request. After discussion, the Board voted (7-0) in favor of the two Conditional Use requests, (1) to establish a Quick Lane Tire Service Center but to restrict the hours of Monday through Thursday, 8:00 a,m, to 7:00 p,m., Friday, 8:00 a,m. to 6:00 p,m., Saturday 8:00 a.m. to 5:00 p,m" no operation on Sunday, and (2) to establish a Full Service Auto Repair facility in conjunction with a used car dealership with no Sunday hours, and by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4,5(E)(5), and Chapter 3 of the LDR's, Staff recommends reaffirming the original approvals of these two conditional uses with the hours of operation as originally requested. Michael Weiner, Attorney with Weiner & Aronson, P,A, 102 N, Swinton Avenue, Delray Beach, stated this facility has been used as automotive repair and dates back as a Volkswagen Dealership in the 1960's before many of the houses were built. Mr, Weiner stated since that time an eight foot high wall and landscaping has been added. He stated in reviewing other automotive repair facilities (the applicant's competitors) are open for those same hours and therefore the applicant has been placed at a competitive disadvantage as a result of this Conditional Use. Mr. Weiner stated these hours are common in the industry; however, the applicant would be able to open up to these hours of operation thus the reason for the reconsideration, Mr, Weiner entered into the record studies that were performed with respect to noise, and urged the Commission to support the reconsideration, - 8 - 07/19/05 --~- Mayor Perlman stated if anyone from the public would like to speak in favor or in opposition of the reconsideration, to come forward at this time. No one from the public wished to address the Commission regarding the reconsideration, Brief discussion by the Commission followed. Mr. Levinson moved to approve leaving the hours of operation the same as was previously approved with the change that the Full Service Auto Repair Facility be changed from 8:00 a.m, to 7:00 p.m, (Monday through Thursday) and Friday would be 8:00 a.m, to 6:00 p,m" Saturdays from 8:00 a.m. to 5:00 p.m. with no Sunday hours; and that the Auto Center Portion close at 7:00 p,m. Monday through Thursday. Due to a lack of a second, the first motion failed and Mrs, Ellis stated the following alternative motion: Mrs, Ellis moved to approve to reaffirm the original Conditional Use, seconded by Ms, McCarthy, Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr, Levinson - No; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs, Ellis - Yes. Said motion passed with a 4 to I vote, Commissioner Levinson dissenting, 9.C. AGREEMENT/JEG ASSOCIATES. INC.: Consider two (2) options for resolving the conflict of interest regarding the JEG Associates, Inc. Agreement for consulting services for the implementation of the Southwest Neighborhood Plan. The City Attorney stated Mr, Joe Gray, President of JEG Associates, Inc. has been offered a position with the Community Redevelopment Agency (CRA) and therefore the existing contract with the City of Delray Beach needs to be addressed. Staff has performed research on what is required by the Division of Ethics and according to the findings, the City can (1) terminate the contract upon 30 days notice or, (2) accept an assignment to another entity or person or deny such assignment. Mr, Levinson directed staff to review who they would like to assign the contract to, Mr, Levinson moved to accept an assignment to the contract, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mr, Levinson -Yes; Ms, McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote, 9.D. PROPOSED MILLAGE RATE: Consider approval of a proposed millage rate for FY 2006, and set the budget review and adoption schedule. The City Manager gave a brief summary of the proposed budget. He suggested that in addition to the Work Session on August 9, 2005 that the Commission schedule a second Budget Work Session on August 23, 2005 and if necessary a third Work Session could be scheduled for August 30, 2005. - 9- 07/19/05 ---~---- The City Manager recommends that the proposed millage for fiscal year 200512006 be set at 7,9 mills. He stated the millage rate could be lowered but not raised. Mr, Levinson stated this would preclude the Commission from maintaining the current tax rate, If they choose to go to 7.9 mills it would require the City to reduce the taxes to at least 7.9 mills. He stated he is uncomfortable doing this without having had the opportunity to review or discuss the budget thoroughly although the City Manager has explained some of the highlights this evening, Mr, Levinson supports setting the cap at 8,0 mills and work at reducing the millage rate to 7,9 mills or lower, Mrs, Archer concurred with comments expressed by Mr, Levinson. Mayor Perlman stated he supports keeping the proposed millage rate at 8.0 mills this evening; however, he feels it is important to trim the millage this year in light of the growth that the City of Delray Beach has had. Ms. McCarthy stated she will support holding the millage rate as is at 8,0 mills, She stated every year there is a multitude of demands that come from citizens and staffing because we are such a busy City, she would like to see the millage rate lowered even if it is only a tenth of a percent. She stated the sales in Delray Beach and the taxes that have jumped from homes that previously had not sold for years defied the loss of income because of the three percent "Save Our Home" tax increments. Ms, McCarthy stated this is the first time in approximately five years that the City has not raised the millage rate. After brief discussion, it was the consensus of the Commission to support the current millage rate of 8,0 mills at this time, and direct staff to work at reducing the millage rate before the final budget is adopted. Mr, Levinson moved to adopt the proposed millage rate at 8,0 mills, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr, Levinson - 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. to. PUBLIC HEARINGS: to.A. ORDINANCE NO. 50-05: An ordinance designating the Sewell C. Biggs House, located at 212 Seabreeze Avenue, to the Local Register of Historic Places, Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The caption of Ordinance No, 50-05 is as follows: - 10- 07/19/05 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, DESIGNATING THE SEWELL C. BIGGS HOUSE, LOCATED AT 212 SEABREEZE A VENUE, AS MORE PARTICULARLY DESCRIBED HEREIN, AS A LOCAL HISTORIC SITE; PROVIDING FOR THE AMENDMENT OF THE "ZONING MAP OF DELRAY BEACH, FLORIDA, APRIL 2005"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE, (The official copy of Ordinance No. 50-05 is on file in the City Clerk's Office, ) The City Attorney read the caption ofthe ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida, Warren Adams, Historic Preservation Planner, stated the Sewell C. Biggs House (212 Seabreeze Avenue) was originally owned by Sewell C. Biggs, a person important in preserving, conserving, and promoting American fine and decorative arts. The style of the home is a design unique to Delray Beach and is the artistic work of an architect who was a leader in the 20th century American design field. It is also the only Paul Rudolph designed building in Delray Beach and is an example of the skill of the Sinks construction firm which built some of the best surviving historic buildings in Delray Beach. To qualify as a historic site the property must fulfill one or more of the criteria set forth in the Land Development Regulations, Sections 4,5.1 (B)(2) and/or (3), It is associated in a significant way with the life or activities of a major person important in the city, state, or national history; it embodies those distinguishing characteristics of an architectural style, period, or method of construction; it is a historic or outstanding work of a prominent architect, designer, landscape architect, or builder and, it contains elements of design, detail, material, or craftsmanship of outstanding quality or which represented, in its time, a significant innovation or adaptation to the South Florida environment. At its meeting of May 4, 2005, the Historic Preservation Board (HPB) conducted a formal review of the designation report and set a public hearing date for the designation of the subject property for May 18, 2005, However, the applicant did not submit the required names and addresses of property owners within a 500' radius of the property to meet that deadline, the public hearing was held on June 15, 2005, when the HPB voted unanimously (7-0) to forward a recommendation of approval to the City Commission. Staff recommends approval to list the Sewell C. Biggs House (212 Seabreeze Avenue) in the Local Register of Historic Places. Mayor Perlman declared the public hearing open. There being no one who wished to address the Commission regarding Ordinance No. 50-05, the public hearing was closed, - 11 - 07/19/05 ----- Mr. Levinson moved to adopt Ordinance No, 50-05 on Second and FINAL Reading, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs, Archer - Yes; Mr, Levinson - Yes; Ms. McCarthy - Yes, Said motion passed with a 5 to 0 vote. 10.D. ORDINANCE NO. 51-OS: City initiated amendment to Land Development Regulations (LDR), Article 6.3, "Use and Work in the Public Right-of- Way", relating to Sidewalk Cafes. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The caption of Ordinance No, 51-05 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ARTICLE 6.3, "USE AND WORK IN THE PUBLIC RIGHT-OF-WAY" TO ADD "SIDEWALK CAFE" TO THE TITLE AND AMENDING SECTION 6.3.3, "SIDEWALK CAFE" OF THE LAND DEVELOPMENT REGULATIONS TO PROVIDE FOR A REVISED DEFINITION OF SIDEWALK CAFE AND BY AMENDING 6.3.3(A) TO PROVIDE FOR PERMIT COMPLIANCE DATES; AMENDING SECTION 6.3,3(1) AND 6.3,3(J) ADDING STANDARDS FOR DENIAL, SUSPENSION, REVOCATION, OR APPEALS AND CLARIFYING THE JURISDICTION OF THE CODE ENFORCEMENT BOARD; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No, 51-05 is on file in the City Clerk's Office, ) The City Attorney read the caption of the ordinance, A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling, Director of Planning and Zoning, stated the proposed amendment provides clarification to the definition of Sidewalk, Cafe; provides for permit compliance dates; standards for denial, suspension, revocation, or appeals; and clarifies the jurisdiction of the Code Enforcement Board. With respect to changes to the definition it clarifies that sidewalk cafes are outside seating which occurs on either public or private property. At its meeting of June 20, 2005, the Planning and Zoning Board held a public hearing regarding the amendment. After discussing the amendment, the Board - 12- 07/19/05 voted 7-0 to recommend approval of the proposed amendment, by adopting the findings of fact and law contained in the staff report, and findings that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the LDR's, Mayor Perlman declared the public hearing open. Christie Campbell, 424 E, Atlantic Avenue, Delray Beach (owner of Beach Music), stated she took some photographs this afternoon with her camera phone and noted that the picture that Code Enforcement took was at an angle with no cars parked there which appears to give a wider passage. She stated people cannot get through on the sidewalks and there is no passage in between the tables. She and fellow merchants feel it has been interfering with traffic that could be coming into the stores, She requested that there be a variance that would allow at least two people to walk by at the same time. The City Manager stated the intent is that the five feet is not measured from the curb but it is measured from the obstacles that are inside the curb. He stated there should be a five foot clear area measured back from the sign toward the storefront and noted that this is where the five feet should start. Debbie Duckett, 215 Enfield Road, Delray Beach, stated the amendment is being classified as a clarification and in her opinion it is adding a whole new category of businesses to the ordinance (i.e. patio restaurants), Ms. Duckett stated as the ordinance stands now it only applies to actual sidewalk cafes (cafes on City property), In her opinion, she stated adding the private restaurants should not be included in this section of the ordinance because as it stands now some of the terms in the ordinance do not apply to the public restaurants, Ms. Duckett stated there may be constitutional violations with regard to the equal protection clause because she does not know whether there is a rational basis treating patio cafes this way and not treating indoor cafes or enclosed patio cafes the same way. She stated she believes that the indoor restaurants and the enclosed patio restaurants have to pay a fee for parking and the patio type restaurants that are not enclosed do not. There being no one who wished to address the Commission regarding Ordinance No, 51-05, the public hearing was closed, The City Attorney stated certain restaurants that have courtyards, etc. have a certain parking requirement that includes that outdoor space which is different than the sidewalk cafes which do not have the additional parking requirements. The City Attorney stated with regard to the issue of public versus private property there are meandering in front of stores which are public and private, Thus, the City Attorney stated sometimes the tables are straddling lines and it is an enforcement nightmare to make the determination, This is not meant to include those kinds of courtyard spaces that have already had a site plan approved. - 13 - 07/19/05 Mr. Dorling stated whether it is an indoor or outdoor patio they are all assessed parking and the sidewalk cafes are not assessed parking but are subject to the permit fee of $3.00 per square foot of approved sidewalk cafe space. The sidewalk cafes area is a combination of publici private property, Mrs. Ellis moved to adopt Ordinance No, 51-05 on Second and FINAL Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Ellis - Yes; Mrs, Archer - Yes; Mr. Levinson - Yes; Ms, McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. to.c. RESOLUTION NO. 48-05: A resolution establishing a budget for the Stormwater Utility System, establishing the rates for FY 2006 Stormwater Management Assessments, and certifying and adopting the Stormwater Assessment Roll, The caption of Resolution No. 48-05 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ESTABLISHING A BUDGET FOR THE STORMWATER UTILITY SYSTEM; ESTABLISHING RATES FOR STORMWATER MANAGEMENT ASSESSMENTS FOR EACH PARCEL WITHIN THE BENEFITTED AREA, OTHER THAN NON-ASSESSED PROPERTY; PROVIDING FOR A PUBLIC HEARING, ALL IN ACCORDANCE WITH CHAPTER 56 OF THE CODE OF ORDINANCES OF THE CITY OF DELRA Y BEACH, FLORIDA, AND RELEVANT STATUTORY AUTHORITY; PROVIDING FOR THE CERTIFICATION AND ADOPTION OF THE STORMW ATER ASSESSMENT ROLL. (The official copy of Resolution No, 48-05 is on file in the City Clerk's Office. ) A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida, The City Manager stated this ordinance establishes the stormwater charge and staff will be looking into increasing this next year, Mayor Perlman declared the public hearing open, There being no one who wished to address the Commission regarding Resolution No. 48-05, the public hearing was closed. Mr. Levinson moved to approve Resolution No. 48-05 establishing the rates for fiscal year 2005/2006 stormwater management assessments, and certifies and adopts the stormwater management assessment roll, seconded by Mrs. Ellis. Upon roll - 14- 07/19/05 call the Commission voted as follows: Mrs, Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes, Said motion passed with a 5 to o vote. lO.D. ORDINANCE NO. 49-05: City initiated amendment to Land Development Regulations (LDR), Section 2.4,3(K)(1), "Development Applications", to provide for an increase in the Development Application Fees. The caption of Ordinance No, 49-05 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF CODE OF ORDINANCES, BY AMENDING SECTION 2.4,3(K), "FEES", SUBSECTION 2.4.3(K)(1), "DEVELOPMENT APPLICATIONS", TO PROVIDE FOR AN INCREASE IN THE DEVELOPMENT APPLICATION FEES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 49-05 is on file in the City Clerk's Office,) At this point, Mr, Levinson left the dais, The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter ofthe City of Delray Beach, Florida, The City Attorney stated there is a change proposed in this ordinance which would require staff to treat this as another first reading. The change is to page 5 (bb) Single Family Overlay District Site Plan Review should read $750 and not $525. Paul Dorling, Director of Planning and Zoning, stated staff is in the fmal contract negotiation stages with Land Design South and staff understood that the fee of $525 was acceptable and they came back with a number slightly higher than $750, Mr. Dorling stated staff did not finalize this amount until just a few days ago and staff felt this approach was more prudent. Mayor Perlman declared the public hearing open, There being no one who wished to address the Commission regarding Ordinance No. 49-05, the public hearing was closed, Mrs, Archer moved to approve Ordinance No. 49-05 as amended, seconded by Ms, McCarthy, Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes, Said - 15 - 07/19/05 motion passed with a 4 to 0 vote, 10.E. ORDINANCE NO. 44-05: City initiated small scale Future Land Use Map (FLUM) Amendment from LD (Low Density Residential 0-5 duJac) to OS (Open Space) and rezoning from R-l-AAA-B (Single Family Residential) to OSR (Open Space and Recreation) for Cornell Park, a 3.4 acre parcel of land, located at the northeast comer of N,W. 9th Street and N,W. 4th Avenue, Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. Quasi-Judicial Hearing The caption of Ordinance No. 44-05 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE FUTURE LAND USE MAP DESIGNATION AS CONTAINED IN THE COMPREHENSIVE PLAN FROM LD (LOW DENSITY RESIDENTIAL 0-5 DU/ AC) TO OS (OPEN SPACE); ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; AND REZONING AND PLACING LAND PRESENTLY ZONED R-l-AAA-B (SINGLE FAMILY RESIDENTIAL) TO OSR (OPEN SPACE AND RECREATION) DISTRICT; SAID LAND BEING A PARCEL OF LAND LOCATED AT THE NORTHEAST CORNER OF NW 9TH STREET AND NW 4TH AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRA Y BEACH, FLORIDA, APRIL 2005"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No, 44-05 is on file in the City Clerk's Office. ) The City Attorney read the caption of the ordinance, A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida, Paul Dorling, Director of Planning and Zoning, stated the proposed FLUM amendment and rezoning involves a vacant property totaling 3.4 acres. The property has had a low density residential land use map designation and single family zoning designation for more than 40 years. The property was in private ownership until early 2000 when it was donated to the City of Delray Beach for the expressed purpose of providing a neighborhood park for the community. The proposed land use and zoning changes are necessary to accomplish this purpose. - 16- 07/19/05 At its meeting of June 20, 2005, the Planning and Zoning Board held a public hearing regarding the amendment. There was no public testimony regarding the proposed changes. After discussing the requests, the Board voted 7-0 to recommend approval. The City Attorney suggested that a Quasi-Judicial Hearing be held on the rezoning aspect. Mayor Perlman stated if anyone would like to address the Commission regarding Ordinance No, 44-05, to come forward at this time. Mayor Perlman asked the Commission to disclose their ex parte communications. No ex parte communications were disclosed. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning project file #2005-240 into the record. Janet Whipple, Acting City Clerk, swore in those individuals who wished to give testimony on this item, Stan Beck, 727 Lakeshore Drive, Delray Beach (2 blocks west of this site) stated residents in the area would love to see a park in the neighborhood as opposed to more development. There being no one else who wished to speak in favor or in opposition of the rezoning, the public hearing was closed, Mr, Levinson stated this is actually changing the use to CF (Community Facilities) so that it will be a park. Mrs. Archer moved to adopt Ordinance No, 44-05 on Second and FINAL Reading, seconded by Ms. McCarthy, Upon roll call the Commission voted as follows: Ms, McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs, Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. to.F. ORDINANCE NO. 47-05 (SECOND READING/SECOND PUBLIC HEARING): City initiated amendment to Land Development Regulations (LDR), 4.6,9(B)(4), "Off-Street Parking Regulations; Applicability", to provide a credit for parking under certain circumstances where a governmental entity acquires property for public parking or parks. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 47-05 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, - 17 - 07/19/05 -~- AMENDING ARTICLE 4,6, "SUPPLEMENTAL DISTRICT REGULATIONS" OF THE LAND DEVELOPMENT REGULATIONS SECTION 4,6.9, "OFF-STREET PARKING REGULATIONS", SUBSECTION (B) "APPLICABLITY" , BY AMENDING SUBSECTION 4,6,9(B)(4) PROVIDING A CREDIT FOR PARKING UNDER CERTAIN CIRCUMSTANCES WHERE A GOVERNMENTAL ENTITY ACQUIRES PROPERTY FOR PARK PURPOSES OR PUBLIC PARKING; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE, (The official copy of Ordinance No, 47-05 is on file in the City Clerk's Office, ) The City Attorney read the caption ofthe ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter ofthe City of Del ray Beach, Florida, Paul Dorling, Director of Planning and Zoning, stated at its meeting of January 18, 2005, the City Commission approved an amendment to LDR Section 4,6,9(B) to add subparagraph (4) to provide an incentive to private property owners to sell land to accommodate public parking facilities. This amendment extends the same incentive to owners who sell land to accommodate public parks. At its meeting of June 20, 2005, the Planning and Zoning Board held a public hearing regarding the amendment. There was no public testimony and the Board voted 7-0 to recommend approval of the proposed amendment. Mayor Perlman declared the public hearing open. There being no one who wished to address the Commission regarding Ordinance No, 47-05, the public hearing was closed, Mrs, Archer asked if this would apply to gifts of land, Mr. Dorling stated the land would have to be sold, Mr, Levinson moved to adopt Ordinance No, 47-05 on Second Reading/Second Public Hearing, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mrs, Ellis - Yes; Mrs. Archer- Yes; Mr. Levinson - Yes; Ms, McCarthy - Yes. Said motion passed with a 5 to 0 vote. t O.G. ORDINANCE NO. 46-05 (SECOND READING/SECOND PUBLIC HEARING): City initiated amendment to Land Development Regulations (LDR), 4.4.21(B), "Principal Uses and Structures Allowed", to add Clubs and Lodges which do not serve alcohol as a Permitted Use within the Community Facilities (CF) Zoning - 18 - 07/19/05 District. The caption of Ordinance No. 46-05 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.4.21, "COMMUNITY FACILITIES (CF) DISTRICT", SUBSECTION 4.4.21(B), "PRINCIPAL USES AND STRUCTURES ALLOWED", TO ADD CLUBS AND LODGES WHICH DO NOT SERVE ALCOHOL AS A PERMITTED USE WITHIN THE CF DISTRICT; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE, (The official copy of Ordinance No, 46-05 is on file in the City Clerk's Office, ) The City Attorney read the caption of the ordinance, A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter ofthe City of Delray Beach, Florida, Paul Dorling, Director of Planning and Zoning, stated the proposed text amendment is to add to the list of principal use and structures allowed as permitted uses in the CF (Community Facilities) zoning district. Clubs and lodges that are not restricted with regard to alcoholic beverages are currently allowed in the GC (General Commercial) and PC (Planned Commercial) districts as conditional uses. At its meeting of June 20, 2005, the Planning and Zoning Board considered this item. There was no public testimony and the Board recommended approval (7-0), Mayor Perlman declared the public hearing open, There being no one who wished to address the Commission regarding Ordinance No. 46-05, the public hearing was closed. Mrs. Ellis moved to adopt Ordinance No, 46-05 on Second Reading/Second Public Hearing, seconded by Mrs, Archer. Upon roll call the Commission voted as follows: Mrs, Ellis - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. - 19 - 07/19/05 to.H. ORDINANCE NO. 48-05 (SECOND READING/SECOND PUBLIC HEARING): City initiated amendment to Land Development Regulations (LDR), 4.3.3(D), "Residential and Non-Residential Licensed Service Provider Facilities", and Appendix "A", "Definitions", regarding Prevention Education Service Providers, Prior to consideration of passage of this ordinance on Second Reading/Second Public Hearing, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 48-05 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING APPENDIX "A", "DEFINITIONS", BY REPEALING THE DEFINITION OF "RESIDENTIAL LICENSED SERVICE PROVIDER", IN ITS ENTIRETY AND ENACTING A NEW DEFINITION FOR "RESIDENTIAL LICENSED SERVICE PROVIDER" IN ORDER TO PROVIDE A MORE CONSISTENT DEFINITION OF SAME AND ENACTING A NEW DEFINITION FOR "PREVENTION EDUCATION SERVICE PROVIDERS" AND AMENDING SECTION 4.3.3(D), "RESIDENTIAL AND NON- RESIDENTIAL LICENSED SERVICE PROVIDER FACILITIES", IN ORDER TO EXCLUDE THOSE LICENSED SERVICE PROVIDERS THAT ARE LICENSED UNDER CHAPTER 397 FOR THE SOLE PURPOSE OF PROVIDING PREVENTION AS DEFINED BY SECTION 397.311(18)(g), FLA. STAT.; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE, (The official copy of Ordinance No, 48-05 is on file in the City Clerk's Office,) The City Attorney read the caption of the ordinance, A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling, Director of Planning and Zoning, stated the desire is to have consistent definitions of Residential Licensed Service Providers throughout the City's Land Development Regulations and its Appendix of Definitions, A proactive approach to prevent alcohol and drug abuse is needed; therefore the City encourages Prevention Education regarding alcohol and drug abuse. He stated in order to help encourage Prevention Education, those Licensed Service Providers that are licensed under Chapter 397, Florida Statute for the sole purpose of providing Prevention Education should be - 20- 07/19/05 ------- excluded from the definitions of Residential and Non-Residential Licensed Service Providers since Prevention Education does not involve medical treatment and is not residential in nature, This exclusion would apply to license service providers who only provide education to locate without the distance restrictions. Mr, Dorling stated drug educators would not be treated the same as drug rehab centers. At its meeting of June 20, 2005, the Planning and Zoning Board held a public hearing regarding the amendment. There was no public testimony regarding the proposed changes. After discussing the amendment, the Board voted 7-0 to recommend approval of the proposed amendment. Mayor Perlman declared the public hearing open, There being no one who wished to address the Commission regarding Ordinance No. 48-05, the public hearing was closed, Ms, McCarthy moved to adopt Ordinance No. 48-05 on Second Reading/Second Public Hearing, seconded by Mrs. Ellis, Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr, Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes. Said motion passed with a 5 to 0 vote, 10.1. ORDINANCE NO. 52-05: An ordinance amending Chapter 35, "Employee Policies and Benefits", subheading "Retirement Plan", Section 35.097, "Retirement Income; Basis, Amount, and Payment", of the City Code of Ordinances to adopt changes to a previously enacted ordinance that mistakenly lettered the optional enhanced multiplier as 35.097(C) instead of 35.097(N). Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time, The caption of Ordinance No. 52-05 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35, "EMPLOYEE POLICIES AND BENEFITS", SUBHEADING "RETIREMENT PLAN", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 35,097, "RETIREMENT INCOME; BASIS, AMOUNT, AND PAYMENT", TO PROVIDE A CORRECTION TO THE LETTERING CHANGING THE (C) TO (N) AS IT PERTAINS TO AN OPTIONAL ENHANCED MULTIPLIER AND TO ENSURE THAT FORMER SECTION "C" IS IN FULL FORCE AND EFFECT; PROVIDING A GENERAL REPEALER CLAUSE; A V ALIDITY CLAUSE; AND AN EFFECTIVE DATE. - 21 - 07/19/05 (The official copy of Ordinance No, 52-05 is on file in the City Clerk's Office. ) The City Attorney read the caption of the ordinance, A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida, Mayor Perlman declared the public hearing open, There being no one from the public who wished to address the Commission regarding Ordinance No, 52-05, the public hearing was closed. Mrs. Archer moved to adopt Ordinance No, 52-05 on Second and FINAL Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr, Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes, Said motion passed with a 5 to 0 vote. At this point, the Commission moved to Item 11, Comments and Inquires on Non-Agenda Items from the City Manager and the Public. 11.A. City Mana2er's response to prior public comments and inquiries. At the last meeting, Mr, Glover spoke on behalf of Debra Lewis regarding her pending eviction from the Delray Beach Housing Authority and Mrs, Fields (sister to Debra Lewis) expressed concern about whether Debra's son could visit at Carver Estates, The City Manager stated there was a previous eviction notice filed in 2004 against Mrs, Lewis because of a number of criminal charges against her son over a period of time involving different incidents, When this went to County Court the resolution was that the County Court issued an order that states "Eddie Rollerson shall be ordered to not come upon the premises of Carver Estates." The City Manager stated when Mr. Rollerson came to Carver Estates this is when the Police arrested him and Mrs, Lewis became involved and made threatening statements, The City Manager stated the Delray Beach Housing Authority was looking into this matter further because there was some conflicting witness testimony, The City Manager stated this is the second time Mrs, Lewis has been given an eviction notice and he will try to give the Commission an update on the current status, 11.B. From the Public. I1.B.1. Rosetta Rolle. 301 N.W. 3rd Avenue. Delrav Beach. stated she attended the City Commission meeting of July 5, 2005 and spoke about eminent domain and the Supreme Court ruling, Mrs. Rolle asked for an answer on what Delray Beach proposes to do regarding eminent domain. Mayor Perlman stated the City Attorney had prepared copies of the City's history on eminent domain (when it was used and the reason it was used by both the City of Delray Beach and the Community Redevelopment Agency (CRA), The City Attorney stated the Attorney General's opinion was that in Florida the Supreme Court ruling does - 22- 07/19/05 not affect our law because, in his opinion, there has to be "blight" to take property for economic development. The City Attorney stated she has provided copies of the eminent domain cases in the City of Delray Beach for the past fifteen years. In the last five years the City has had only two cases, She stated neither case took homesteaded property for economic development. Instead the properties had been taken for public purposes (Central Fire Stations in the early 1990's, Tennis Center expansion, roadway extensions, master booster (lift) station, road improvements, and the like. The City Attorney stated there was extinguishing of a title by the City and also one business was taken by eminent domain with regard to the relocation of Atlantic High School. The City Attorney stated the CRA took vacant lots not homesteaded property or commercial restaurants. The City Attorney stated there were a few apartments which were taken for public parking for the Courthouse and the new Delray Beach Library, and to clear title defects. She stated there is a recent case regarding the downtown parking and the public park downtown. Mrs. Rolle stated approximately twenty years ago the State of Florida declared a "belt of blight" from Jupiter to Deerfield Beach near 1-95. She expressed concern that some of the residential areas in Delray Beach might be declared as a "belt of blight" because some residents may not be able to afford to repair or rehabilitate their homes, The City Attorney stated there is a Florida Statute dealing with Community Redevelopment Agencies, and there are findings that need to be made by the City Commission as to areas that meet the definition under that Statute of "blight". Therefore, the City Attorney stated she feels it would be limited under the Statute, 1l.B.2. Shirley Johnson. 701 N.W. 4th Street. Delrav Beach. stated she too is speaking this evening because she did not hear an answer that the City would provide residents with information regarding eminent domain, Ms, Johnson stated there is a great fear in the community because citizens are under the impression that it is easier now than ever to declare an area "blighted property" and to take property by eminent domain. She stated the entire community (northwest, southwest, African-American predominantly) is feeling very stressed about this issue. Mrs, Johnson read into the record an article from the newspaper and distributed copies to the City Commission. She stated it behooves the City Commission, the City of Delray Beach officials, and the CRA to not take lightly that the citizens are feeling threatened, Mt. Olive Baptist Church (one of the oldest churches in the city) is being sued over a dispute as to whether or not they wanted to sell a lot and the developer is using all its power to say otherwise. Mrs, Johnson stated the citizens do not take lightly that developers can come in and take whatever they want, whenever they want, and for whatever reason, Mayor Perlman stated since 2000, the focus of this Commission has been to improve the Northwest and Southwest sections without displacing people and without using eminent domain, He stated the City of Delray Beach asked the communities to participate in a plan to improve the quality of life and the conditions in these neighborhoods which have been neglected for a long time. Many residents stepped up and participated in, what was over a year long process, and developed a plan that the City - 23 - 07/19/05 Commission and the Community Redevelopment Agency (CRA) has since adopted; which specifically calls for "development without displacement" and without the use of eminent domain, Mayor Perlman stated the underlining philosophy of the SouthwestINorthwest Plan was not to involuntarily displace anyone but was to keep the neighborhoods intact and to develop policies so people could stay in their homes if they choose to do so, Mayor Perlman stated this does not prevent a homeowner from selling a home to someone in a private transaction, However, Mayor Perlman stated it would be the policy of the City to not displace, gentrify, involuntarily move people, or use eminent domain. Mayor Perlman stated this is an official policy the City has been working on for several years. The City is developing other things to increase the affordability of housing in that area, to improve the existing housing stock, to invest money in infrastructure (sidewalks, parks, and schools), and to improve the neighborhoods without displacing the residents. In addition, Mayor Perlman stated if anyone has any fears, or hears rumors, the Commission would like to be informed before the stress overwhelms everyone, Often the Commission can provide residents with the information that will help answer questions and help to ease concerns, Mayor Perlman stated the focus of the City Commission and the CRA is to improve the neighborhoods without displacement. Mayor Perlman stated this is the focus he hopes will continue into the future but these decisions cannot bind future Commissions, However, he is hoping that when citizens vote they will ask questions concerning their commitment to the SouthwestINorthwest Plan, the West Settlers' Historic District and Martin Luther King Drive, etc, He stated this City Commission is moving forward on the SouthwestINorthwest Plan that was developed alongside the neighborhood, Ms, McCarthy stated the CRA does have an employee working on the Southwest Plan that has been calling residents on homes which were not homesteaded but are investment properties (duplexes, single-family homes that are rented out). She stated when the CRA calls; they also send correspondence in the mail to inform them that someone from the CRA will be contacting them to discuss the letter they have received in the mail. Ms. McCarthy stated homestead property is someone's primary residence where they live and own, The CRA is not going after homesteaded houses, to the best of her knowledge and by the research that has been as well. She stated because many people who own investment properties in the southwest section are becoming aware of the Southwest Plan that was developed, and devised by the citizens of Delray Beach, are asking if they have to give away their land for it to be developed. Ms. McCarthy stated that an individual does not have to give away their land for it to be developed; unless they choose to do so. She stated the SouthwestINorthwest Plan is a Plan of goals and visions the citizens said they desire to have in the community (i,e, more housing, different housing, upgraded housing, and newer housing) and it is a Plan used as an outline to achieve the things that the community would like to see in their neighborhood. Ms. McCarthy encouraged the community to report anything they do not feel comfortable with, and something will be done about it. Ms. McCarthy stated no one will be forced to do anything they do not wish to do. 1l.B.3. Stephen Kine. 312 N.W. 11th Avenue. Delrav Beach. stated he is glad to hear that eminent domain will not be used and asked that the community be better - 24- 07/19/05 ~-- informed concerning the City's position, Mr. King stated after listening to the Mayor's explanation it has helped to alleviate some of his fears regarding eminent domain. Mr, Levinson stated people have been disseminating flyers that were only delivered to the Southwest/Northwest neighborhoods, specifically targeting the minority community, Mr. King suggested this document that explains when and where eminent domain has been used and the Mayor's comments be provided to the citizens via the City's website, Ms, McCarthy stated for the benefit of the people who have not seen the flyers, she is fully aware that there are circulars that we read, airwaves that we listen to, and that we are getting inundated with information from other states and cities concerning eminent domain, I1.B.4. Pearl "Bunny" Markfield Elrod. 302 S.W. 1st Avenue. Delray Beach. stated she is the individual who distributed the flyers that were mentioned this evening, She stated she is President of her homeowners association (Merritt Park) and is on the Southwest Presidents Association and feels she has the right to inform her neighbors and friends if she thinks something is happening that they should be aware of, Mrs, Elrod stated this flyer was not only distributed to the Southwest/Northwest neighborhood but was also distributed to people at the Seagate Beach Club, as well, who also spoke at the July 5, 2005 City Commission meeting, Mrs. Elrod stated if the public is not allowed to say what they think about an issue that affects them, their friends, neighbors, city or country, she feels the problem is much greater than eminent domain. H.B.5. Joe Gray. 2115 Surine: Harbor Drive. Delray Beach. thanked the City Commission for addressing this issue and stated he has been working in the community for the last few years following up on the Southwest/Northwest Plan. He stated the community has been very excited about what the Plan is all about and therefore was very dismayed when this issue regarding eminent domain came up and people were upset and started looking at the Plan in a different way. He encouraged everyone to stay informed by getting involved and staying involved. Mr. Gray stated he goes out every month on a regular basis to several neighborhood association meetings talking about all the projects and plans that are going on in the Southwest and Northwest areas, He recommended that everyone get involved in their neighborhood association meetings and attend the West Atlantic A venue Redevelopment Coalition (W ARC) meetings to help eliminate any misinformation, Mr, Gray stated that W ARC holds their meetings the first Monday of every month at the Delray Full Service Center at 6:00 p.m. Mr. Levinson suggested that the calendar on the web site include all meetings Citywide in order to create a centralized location for the public to access meetings and that the email subscription be updated to include the City's calendar. At this point, the Commission moved back to Item 9.E. of the Regular Agenda. - 25- 07/19/05 9.E. REQUEST/NAMING OF INGRESS-EGRESS EASEMENT: Consider a request to name an Inress-Egress Easement "Pugliese's Way", located north ofN.E. 15t Street between N.E, 2" Avenue and 3rd Avenue within the Creations at Delray Beach Development, Paul Dorling, Director of Planning and Zoning, stated the adoption of this policy was in part due to problems that were experienced in the renaming of streets for the Street Name Auction, On June 7, 2005, the City Commission approved a Final Plat for Villas in the Grove (alk/a Astor Condominiums), a mixed-use condominium project located within the Creations at Delray Beach development. An ingress-egress easement was dedicated on this plat to serve as a southerly extension of the north-south alleyway through this site to connect to N.E. 15t Street. The site is currently owned by Mr. Pugliese (Creations at Delray Beach owner) and Altman Development Corporation. Michael Weiner, Attorney with Weiner & Aronson, P,A., 102 N. Swinton Avenue, Delray Beach, representing Mr. Pugliese, stated this is not a street but is an access easement. He stated since there is precedent, there will be less confusion since it actually gives an address for a front door, and since the remainder of the alley is at the discretion of the Commission, or whatever the Commission, or whatever is decided will not affect any present development and the area is unlikely to have future development, this access should be given a name, Richard MacFarlane, representing Altman Development Corporation (developer of the condominium) stated they support the naming of the easement; however, they would like their condominium units to be addressed on non-public streets, Mr. Dorling stated it is also the applicant's desire to have this name placed on the plat and if the Commission wishes to do so then staff will need direction to proceed, Mrs, Archer moved to approve the naming of the ingress/egress easement "Pugliese's Way" (the entire alleyway) within the Creations at Delray Beach Development, with direction to staff to modify the plat, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms, McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs, Archer - Yes; Mr, Levinson - Yes, Said motion passed with a 5 to 0 vote. 9.F. AMENDMENT NO. IIFUNDING AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY (CRA)/CHAMBER OF COMMERCE/ BUSINESS RECRUITMENT: Consider approval of Amendment No. 1 to the Funding Agreement between the City, the Community Redevelopment Agency (CRA), and the Chamber of Commerce for the funding ofthe Business Recruitment Director position. Mayor Perlman declared a Conflict of Interest and passed the gavel to Vice Mayor Levinson and stepped down from the dais. - 26- 07/19/05 Mrs. Ellis moved to approve Amendment No. 1 to the Funding Agreement between the City of Delray Beach and the Community Redevelopment Agency (CRA), and the Chamber of Commerce for the funding of the Business Recruitment Director position, seconded by Mrs. Archer, Upon roll call the Commission voted as follows: Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr, Levinson - Yes; Ms, McCarthy - Yes. Said motion passed with a 4 to 0 vote, 9.G. EXTENSION/MOTOROLA MAINTENANCE AND SUPPORT AGREEMENT: Approve an extension to the Maintenance and Support Agreement SA#002292-000 with Motorola in the annual amount of $46,044.00 for support and upgrades to the Mobile Data Computer Software for the Police Department. Funding is available from 001-2113-521-46.90 (General Fund/Other Repair/Maintenance Costs), At this point, Mayor Perlman returned to the dais, Vice Mayor Levinson declared a Conflict of Interest and passed the gavel back to Mayor Perlman and stepped down from the dais, Mrs. Archer moved to approve the extension to the Maintenance and Support Agreement, seconded by Ms. McCarthy, Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Ms, McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes, Said motion passed with a 4 to 0 vote. 9.H. CLASS ACTION SETTLEMENT/AON COMPANY: Consider approval of participating in a class action settlement to collect money from the Daniel Fund regarding insurance purchased from Aon Company. Terrill Barton, Assistant City Attorney, stated staff is requesting permission to participate in a class action settlement for policyholder clients who obtained insurance through Aon Company between January I, 1994 and December 31, 2004. Mrs, Ellis moved to approve that the City of Delray Beach would participate in a class action settlement to collect money from the Daniel Fund regarding insurance purchased from Aon Company, seconded by Ms, McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms, McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs, Archer - Yes. Said motion passed with a 5 to 0 vote. 9.1. APPOINTMENT OF COMMUNITY REDEVELOPMENT AGENCY (CRA) CHAIRMANNICE-CHAIRMAN: Appoint a Chairman and Vice- Chairman to the Community Redevelopment Agency Board. Mayor Perlman declared a Conflict of Interest and passed the gavel to Vice Mayor Levinson and stepped down from the dais. - 27- 07/19/05 Ms. McCarthy moved to appoint Brenda Montague as Chairman to the Community Redevelopment Agency (CRA), seconded by Mrs, Archer, Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes; Vice Mayor Levinson - Yes. Said motion passed with a 4 to 0 vote, Ms. McCarthy moved to appoint Lamar Shuler as Vice Chairman to the Community Redevelopment Agency (CRA), seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs, Ellis - Yes; Mrs. Archer - Yes; Vice Mayor Levinson - Yes; Ms. McCarthy - Yes, Said motion passed with a 4 to 0 vote, 9.J. APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY: Appoint one (1) resident member to the Delray Beach Housing Authority for an unexpired term ending July 14, 2006. Based upon the rotation system, the appointment will be made by Commissioner McCarthy (Seat #4). At this point, Mayor Perlman returned to the dais. Ms. McCarthy moved to appoint Andre Tookes as a resident member to the Delray Beach Housing Authority for an unexpired term ending July 14, 2006, seconded by Mr. Levinson, Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr, Levinson - Yes; Ms. McCarthy - Yes, Said motion passed with a 5 to 0 vote, 9.K. APPOINTMENTS TO THE EDUCATION BOARD: Appoint one (1) regular member to the Education Board for a two (2) year term ending July 31,2007 and appoint one (1) student member for a one (1) year term ending July 31, 2006, Based upon the rotation system, the appointments will be made by Mayor Perlman (Seat #5) and Commissioner Archer (Seat #2). Mayor Perlman stated he wished to appoint Mary McKenna as a regular member to the Education Board for a two (2) year term ending July 31, 2007. Mrs, Archer so moved, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Ellis - Yes; Mrs, Archer - Yes; Mr, Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes, Said motion passed with a 5 to 0 vote, Mrs, Archer moved to appoint Kassandra Engroff as a student member to the Education Board for a one (1) year term ending July 31, 2006, seconded by Mrs, Ellis. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs, Ellis - Yes. Said motion passed with a 5 to 0 vote, 9.L. APPOINTMENT TO THE PLANNING AND ZONING BOARD: Appoint one (1) regular member to the Planning and Zoning Board for an unexpired term ending August 31, 2006, Based upon the rotation system, the appointment will be made by Commissioner Ellis (Seat #1), - 28- 07/19/05 Mrs. Ellis moved to appoint Gary Eliopoulos as a regular member to the Planning and Zoning Board for an unexpired term ending August 31, 2006, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs, Ellis - 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 ofthe Agenda. 12. FIRST READINGS: None, 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manae:er The City Manager gave a brief report from the League of Cities meeting regarding the Growth Management Bill. Secondly, the City Manager stated the League's Golf Tournament was very successful and netted approximately $11,000. He stated the League is having a Strategic Planning Session on September 14,2005, He stated with regard to the annexation suit, the City has filed an appeal and the County has cross-appealed. Lastly, the City Manager stated the following individuals were nominated to the Florida League of Cities Board: Susan Haynie, Carmine Priore, and Richard Radcliffe. 13.B. City Attornev The City Attorney stated she will be attending the Florida Municipal Attorneys' Association meeting on Thursday, July 21, 2005 and Brian Shutt, Assistant City Attorney, will be available in her absence. 13.e. City Commission 13.C.t. Mrs. Archer Mrs, Archer thanked Mayor Perlman and Commissioner Ellis for attending the Press Conference for the Miracle League Baseball Field and stated she looks forward to moving forward with the fundraiser. - 29- 07/19/05 --- 13.C.2. Mrs. Ellis Mrs. Ellis stated the Miracle League Baseball Field presentation was very moving and feels it is a privilege to be in a community that does things such as this on a regular basis, She stated this will be her first Budget Workshop session and stated she will do her best to stay on top of things. 13.C.3. Ms. McCarthv Ms. McCarthy stated she was disappointed that she could not attend the groundbreaking for the Miracle League and noted it is a marvelous endeavor, In addition, she commented about the t-shirts and noted the Press coverage was very nice. Secondly, she stated she attended the 32nd Anniversary of the Bahamian Independence, which was exceptionally well done and well attended. Ms. McCarthy stated the golf tournament fundraiser for the "Little Princess" was very well attended and Senator Dawson also managed to get an automobile donated from a car dealership. Ms. McCarthy stated the little girl's mother's car broke down and several people volunteered to pick her up. She was given the car so she could keep up with her daughter's well being, She stated Commissioner Ellis graced the Delray Beach Sunrise Rotary Club by presenting at the awards presentation, Ms. McCarthy stated the people who attended who had never met Commissioner Ellis before were thrilled at having the opportunity to see and hear her, 13.C.4. Mr. Levinson Mr, Levinson congratulated Janet Whipple, Acting City Clerk for a good job this evening, Secondly, Mr, Levinson stated someone this evening made an allegation that the Commission is silencing free speech and asked if anyone wanted to speak, to come to the microphone. Mr. Levinson stated he was in Miami for the Leadership Florida Board meeting and stated it is a very unique organization in terms that it establishes a sense of community amongst people throughout the state so we do not lose focus. As Floridians, we are in this together. He stated it was phenomenal to hear people that had visited say they love Delray. He continued to state that Delray Beach is held in high regard around the state as a place that has "done it right", - 30- 07/19/05 B.e.5. Mavor Perlman Mayor Perlman stated he was in City Hall last week when there was a power outage, He received a telephone call from the Mayor's office in Winnipeg, Canada as stated it is not just Florida that is hearing about Delray Beach. He stated the Mayor has a special Assistant for Initiatives and she called because they are convening a Canada-wide conference of cities in Winnipeg and heard about Delray Beach from Otis White (columnist for Governing Magazine). Mayor Perlman stated Mr, White sends out a daily newsletter where Delray Beach has been featured. He stated the City of Winnipeg will be coming next week to Delray Beach and noted that they will be inviting the Commission to their conference in May 2006 as a featured community. Their theme is Civic and Social Engagement. Mayor Perlman stated he will forward the information regarding the conference to the Commission. In addition, Mayor Perlman stated they are also inviting the Mayor of the City of Baltimore, Martin O'Malley who was named by one of the magazines as one the best young Mayor in the United States, Secondly, he thanked and acknowledged Mark Baron who gave the City of Delray Beach a Tiffany crystal bowl which is on display in the Mayor's office in City Hall, Mayor Perlman stated there is information in the Commission packets about the economic impact ofthe tennis tournament. He met with Kjell Bergh today who is in from Norway for a few weeks before he goes back to Europe. Mayor Perlman stated Mr. Bergh is trying to put together a delegation to go to Tanzania in June or July of2006. Mayor Perlman commented about the abundant amount of Tri-County Humane Society emails that he received, He stated there was an allegation that the City of Delray Beach is not enforcing the Palm Beach County's Tethering Law, which is not true. He stated he received an email today from the Executive Director acknowledging that the City is in compliance, He stated he met with the new Palm Beach County Cultural Council President Rena Blades today. Mayor Perlman stated when the Southwest/Northwest Plan is completed she has asked if the City of Delray Beach would present it to the Palm Beach County Cultural Council Board, He feels this is a good opportunity for the City of Delray Beach because Ms, Blades has indicated that there are corporations on the Board that may fund some ofthe City's organizations, Mayor Perlman announced Jeff Costello, Assistant Planning Director, will be leaving employment with the City of Delray Beach effective Friday, July 29, 2005. He stated he has heard so many good things about Jeff from people throughout the community, Mayor Perlman stated Jeff is accepting a job in the private sector and he feels this is a testament to the City that we have people with this kind of talent. Mayor Perlman stated Jeffhas been employed for 17 12 years and will be greatly missed. - 31 - 07/19/05 -~---- Lastly, Mayor Perlman publicly thanked his neighbors for their involvement with the Miracle League. There being no further business, Mayor Perlman declared the meeting adjourned at 9:02 p.m. Acting City Clerk MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on Tuesday, July 19, 2005, which Minutes were formally approved and adopted by the City Commission on Acting City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above, - 32 - 07/19/05 I Session Summary 2005 I I SENATOR I I I I i I ; I RON KLEIN I ! I : I I i I I I i I I I I 3333 SOUTH CONGRESS AVENUE -SUITE 305A .DELRAY BEACH, FLORIDA 33445 . (561) 274-4777 . (561) 279-1990 FAX f I E-MAIL ADDRESS: klein.ron. web@tlsenate.gov , I I The 2005 Legislative Florida Atlantic University Florida Atlantic University I I Session ended as scheduled and University of Miami as a seventh CARD location. I on Friday, May 6th. Of the Medical School- CARD centers are places I 1215 general bills filed in where families with autistic i the Senate, 175 passed both By earmarking $2 million in children can receive chambers and will be acted the state budget for the therapeutic interventions, I on by the Governor, I am expansion of the Florida services, referrals and other I pleased to report to you that Atlantic University and support they need, I I I several of the bills I University of Miami joint . i sponsored and co-sponsored Medical School program, we The Dori Slosberg Act - are among the successful. were able to ensure the I continuation of this Named for Representative I I The Legislature did not important and exciting Slosberg's daughter who approve controversial program in our community, was killed in a car accident, legislation dealing with the which will also include this bill makes the failure to repeal of the class size internships at Boca Raton wear a seatbelt a primary amendment, expansion of Community Hospital, and enforcement violation for I the school voucher program, solidify FAU's reputation drivers younger than 18, Medicaid Reform, or tort for high academics and I reform. These issues are excellence m educational Bicycle Safety - I I in the opportunities. I sure to reappear future. In tandem with our "Share Centers for Autism and the Road" program, this law Here are some of the Related Disabilities requITes the Florida legislative and budget issues (CARD) - Department of that I successfully worked Transportation to conduct a ! on this year: In response to a growing study of bicycle paths that number of children are on or connected to the I I diagnosed with autism, this State Highway System. I legislation designates :r -f c /'Vl f). A. The bill also requires an The budget for the State of improve water quality for implementation plan for Florida is now over $63 the Chain of Lakes, which incorporating bicycle paths billion dollars. Funded in IS a system of five on state highways within the the budget are several local interconnected lakes from department's five year work projects that I actively West Palm Beach to Delray program. supported, including: Beach, Golf Cart Regulation - $400,000 for the new Should you have any Center for Autism and questions regarding these, or In an effort to Improve Related Disabilities at any other issues from the safety in our communities, Florida Atlantic University, 2005 Legislative Session, this bill allows please do not hesitate to municipalities to pass $157,500 for contact me, ordinances that would Transportation for the require drivers of golf carts Elderly and Disabled, a F or those of you who may be to be licensed drivers. State program administered traveling this summer, law allows golf cart drivers through the South Palm please have a safe, happy to be as young as 14. Beach County Jewish and healthy vacation. I look Federation that provides forward to seeing you soon, Florida Alliance of transportation to doctor Assistive Services and appointments, shopping and Technologies (F AAST) - social activities for those who would otherwise be This bill details the activities homebound, and composition of the F AAST Advisory Council, $100,000 for the Caridad which is a body dedicated to Health Clinic, which providing access to assistive administers health care to services and technologies to migrant workers and their the disabled community. families with the help of a network of physician Arthritis Education and volunteers, Prevention Act- $100,000 to assist On behalf of the 3 million Holocaust Survivors with people in Florida impacted services they may need as by arthritis, this legislation they become older and more creates a program to infirm, establish a public awareness campaign by the Department $800,000 to implement a of Health on over 100 types restoration and management of arthritis and ways to plan that will create and minimize pain and prevent restore essential fish and injury, wildlife habitats and I FORM 88 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 Perlman, Jeffrey L. Delray Beach City Conunission MAILING ADDRESS THE BOARD, COUNCIL. COMMISSION, AUTHORITY OR COMMITTEE ON 971 Delra Lakes Drive WHICH I SERVE IS A UNIT OF CITY COUNTY CITY o COUNTY o OTHER LOCAl AGENCY Delra Beach FL 33444 Palm Beach NAME OF POUTlCAl SUBDIVISION: Cit of Delra Beach DATE ON WHICH VOTE OCCURRED MY POSITION IS: ~ ELECTIVE o APPOINTIVE WHO MUST FILE FORM 88 This fonn 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 fonn 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 tiling this form with the person responsible for recording the min- utes of the meeting, who should incorporate the fonn in the minutes. . . . . . . . . . . . . . . . . APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WIU BE TAKEN: . You must complete and tile this fonn (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the fonn in the minutes. (Continued on other side) CE FORM 88 - EFF. 1/2000 q.f 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 publidy 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 publidy at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, Jeffrey Perlman , hereby disdose that on July 19 ,20)2-: (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 , by whom I am retained; or _ inured to the special gain or loss of , which is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: Cl7/611 )~aoS , Date Filed NOTICE: UNDER PROVISIONS OF flORIDA STATUTES ~112,317, A FAilURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 88 - EFF. 112000 PAGE 2 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER lOCAL PUBLIC OFFICERS LAST NAME~IRST NAME-MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE Levinson, Jon Delray Beach City Commission MAILING ADDRESS THE BOARD, COUNCIL. COMMISSION, AUTHORITY OR COMMITTEE ON 943 Evergreen Drive WHICH I SERVE IS A UNIT OF CITY COUNTY [XCITY a COUNTY a OTHER LOCAl AGENCY Delray Beach, FL 33483 Palm Beach NAME OF POliTICAL SUBDIVISION: City of Delrav Beach DATE ON WHICH VOTE OCCURRED MY POSITION IS: July 19, 2005 XI ELECTIVE a APPOINTIVE WHO MUST FILE FORM 88 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 dependiQg 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 votlng; 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 ~escribed 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 willlOcorporate the form in the minutes. (Continued on other side) CE FORM 88 - EFF. 112000 PAGE 1 q-G 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 I, Jon Levinson , hereby disclose that on July 19 ,20~: (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, , -X. inured to the special gain or loss of ~T€QuA.l&~t)u fLeE? . by whom I am retained; or _ inured to the special gain or loss of ,which is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: .~'if ~ ~ ~ ~ ~ ~. ~:tF9-~ ( bJ QS" Date Filed NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~112.317. A FAIL RE TO E 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 86 - EFF. 1/2000 PAGE 2 ---~---~ I FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME--f'IRST NAME-MIDDlE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUll-iORlTY. OR COMMITTEE Perlman, Jeffrey L. Delray Beach City Commission MAILING ADDRESS THE BOARD, COUNCil, COMMISSION. AUll-iORITY OR COMMITTEE ON 971 Delra Lakes Drive WHICH I SERVE IS A UNIT OF: CITY COUNTY OTY Q COUNTY Q OTHER LOCAL AGENCY Delra Beach FL 33444 Palm Beach NAME OF POLITICAl SUBDIVISION: Cit of Delra Beach DATE ON WHICH VOTE OCCURRED MY POSITION IS: ELECTIVE Q APPOINTIVE WHO MUST FILE FORM 88 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 commumty 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 disdose 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 8B - EFF. 112000 Cf.-r. 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 I, Jeffrey Perlman , hereby disclose that on ---.J 111 Y 19 ,20);;_: (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 , by whom I am retained; or - inured to the special gain or loss of ,which is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: o 7/ d y.;o:,5 Date Filed NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SAlARY, REPRIMAND, OR A CIVIL PENAlTY NOT TO EXCEED $10,000. CE FORM 88 - EFF. 112000 PAGE 2 ,.,,-t... I CITY COMMISSION DOCUMENTATION I TO: DAVI~N ITV A~AGER THRU: PAUE:/1;~T OF PLANNING AND ZONING FROM: NGUY T N, ENIO LANNER SUBJECT: MEE NG OF AUGUST 2, 2005 * * * CONSENT AGENDA * * * APPROVAL OF A FINAL SUBDIVISION PLAT FOR NORTH DEL-IDA ESTATES, A PROPOSED 4-LOT, SINGLE FAMILY DETACHED SUBDIVISION, LOCATED ON THE WEST SIDE OF NE 2ND AVENUE, BETWEEN NE 6TH STREET AND NE 7TH STREET. I BACKGROUND I The subject property consists of Lots 11-16, Block 2 of the Historic Del-Ida Park plat and contains a one-story, 2,886 square foot non-contributing structure constructed in 1957 and a 916 square foot garage. The property is zoned Single Family Residential (R-1-AA) and is approximately 0.969 acre in size. The development proposal is to demolish the single family residence with garage and reconfiguration of the existing six (6) nonconforming lots into 4 buildable lots that will be larger in frontage/width. At their meeting of June 15, 2005, the Historic Preservation Board (H.P.B.) recommended approval of the subdivision plat. At their meeting of June 20, 2005, the Planning and Zoning Board approved the preliminary plat and recommended to the City Commission approval of the final plat. Additional background and a complete analysis of the request are found in the attached Planning and Zoning Board report. I PLAT DESCRIPTION I The six nonconforming lots will be reconfigured into 4 conforming lots that will be rectangular in shape and contain over 10,000 square feet each. Lots 1 and 2 will be oriented to take access from NE 7th Street and Lots 3 & 4 will be oriented to take access from NE 6th Street. No additional right-of-way dedications are necessary. Pedestrian access is provided by an existing 5' wide concrete sidewalk located within NE 7th Street and NE 2nd Avenue rights-of-ways and a 4' wide concrete sidewalk along NE 6th Street right-of-way. A 10' wide utility easement has been requested from Florida Power & Light centered along the rear of Lots 1, 2, 3, and 4 so that existing overhead facilities can be extended to serve these new lots, I PLANNING AND ZONING'BOARD CONSIDERA liON I The Planning and Zoning Board considered the proposed plat at their meeting of June 20, 2005. After reviewing the staff report, the Board voted 7 to 0 to approve the preliminary plat and to recommend to the City Commission approval of the final plat of North Del-Ida Estates. All technical items have been satisfactorily addressed. I RECOMMENDED ACTION I Move approval of the request for final plat approval for North Del-Ida Estates, by adopting the findings of fact and law contained in the Planning and Zoning staff report of June 20, 2005, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(J) (Major Subdivisions), Section 3.2,3 (Standards for Site Plan and/or Plat Actions) and Section 3.1.1 (Required Findings for Land Use and Land Development Applications) of the Land Development Regulations. Attachments: . Location Map, Reduced Survey and Reduced Plat . 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Ii ~" i ~ ~ ~ i I!: i! ~~ "=.. a I . . _ - _ r I: : f J I =! ! ~~ 0' ID.'~;:> ~ l~ ~ & P a i~ ;; II _:' i ~~ !: ql ~I r 2 ~ t _ I II . ~ a'! PLANNING AND ZONING BOARD CITY OF DELRAY BEACH --- STAFF REPORT --- MEETING DATE: June 20, 2005 AGENDA ITEM: v. A. ITEM: Combined Preliminary/Final Subdivision Plat Approval For North Del-Ida Estates Plat, A Proposed 4-Lot Subdivision, Located On The West Side Of NE 2nd Avenue, between NE 6th Street and NE 7'h Street. (QUASI-JUDICIAL) ===l ; - ii : !','!li 'I I -~ I' I Ii II, , I GENERAL DATA: ' NE 11TH ST. ,!I,!',III[ I! i ~ I :1" I ,-j ~ Owner............ ........................... Coastal Properties Holdings, LLC ==! ' ! , ~ a : A I. tAd S I - , i' iii' pp Ican ............................... n rew peng er, - -,': , Spengler Construction N E 10TH ST ! e- II Location...................................... Located on the west side of NE I '- , i 2nd Ave~ue, Between NE 6th Street I ! I I = II i i ! & NE 7 Street N E. 9TH ST ' Property Size.............................. 0.969 Acre e-'" I Future Land. Use Map................ LD (Low ~ensity, O-~ units per acre) I! e- Z I Current ZOning.... ....................... R-1-AA (Single Family I !!' e- ; I Residential) GEORci ! BU I BOUlEVARD Adjacent Zoning....... ...... ...North: R-1-AA ~, ". ~ \ East: R-1-AA "- South: R-1-AA i. ~'" ,! ~ West: R-1-AA N E 71H - Existing Land Use...................... Non-Contributing single family ~ i ; ~ .c", residence with detached garage. J ~ TOle -= ~ >~::: ~ ..~Q Proposed Land Use.................... Reconfiguring 6 existing , I Ii, J .,." q,rYs nonconforming lots into 4 NE 61H " buildable lots. m D "- Water Service............................. Available via connection to an ~[2'~ ~.y existing 6" water main within NE ~ ~! ,..-C d. >,;r NE 51H lERR 2n Avenue nght-of-way. < <;l ~ I ' Sewer Service............................. Available via connection to an ~ i; II existing 8" sewer main within NE ----i, ! - 2nd Avenue, NE 6th Street or NE N E 5TH CT 7'h Street rights-of-ways. ~ c,'" ~ I r- I-'- ~! i! ~ ( ""Ll -j i i ---1 (/l N E 51H 51 ~~~ _ N E 4TH 5T r---- __ - <- === Vi ~- ~ --- ..."'- '- w ,-..,- i== % 'z f-- 1== e-I-= V.A. I ITEM BEFORE THE BOARD I The item before the Board is that of approval of a preliminary plat and certification of a final plat for a proposed 4-Lot single family subdivision known as North Del-Ida Estates Plat The subject property consists of Lots 11-16, Block 2 of Del-Ida Park. This plat is being processed pursuant to LOR Section 2.4.5(J), Major Subdivisions. l BACKGROUND I The subject property is designated as a part of the Del-Ida Park Historic District and is located on the west side of NE 2nd Avenue, between NE 6th Street and NE 7th Street. The property is zoned Single Family Residential (R-1-M) and contains a one-story, 2,886 square foot non- contributing structure constructed in 1957 and a 916 square foot garage. The development proposal is to demolish the single family residence with garage and reconfiguration of the existing six (6) nonconforming lots into 4 buildable lots that will be larger in frontage/width. The six existing nonconforming lots are considered Lots of Record; however, Per LOR Section 4.1.4(C) Use of Lots of Record, If two or more adjoining lots (or combination of lots and portions of lots) of record were under the same ownership as of October 18, 1994, and if the total frontage and the total area is equal to or greater than that which is required by the zoning district regulations, said property shall not be developed except in accordance with the minimum frontage and lot area requirements of the district. These lots were under the same ownership as of October 18, 1994 and therefore need to be developed to current district regulations. All proposed lots currently exceed the minimum lot size requirements. Proposed Lot 2 and Lot 3 will need minor modifications in order to meet the current zoning district regulations with respect to Lot FrontagelWidth and a more in depth analysis is found within the Plat Analysis portion of this report. The applicant has submitted a plat (North Del-Ida Estates) which is now before the Board for action. I PLAT DESCRIPTION l As previously mentioned, the existing six nonconforming lots will be reconfigured into 4 conforming lots and contain a total of 0.969 acres. All reconfigured lots will be rectangular in shape and contain over 10,000 square feet each. Lots 1 and 2 will be oriented to take access from NE th Street and Lots 3 & 4 will be oriented to take access from NE 6th Street. No additional right-of-way dedications are necessary. Pedestrian access is provided by an existing 5' wide concrete sidewalk located within NE th Street and NE 2nd Avenue rights-of-ways and a 4' wide concrete sidewalk along NE 6th Street right-of-way. A 1 A' wide utility easement has been requested from Florida Power & Light centered along the rear of Lots 1, 2, 3, and 4 so that existing overhead facilities can be extended to serve these new lots. It is recommended that the proposed power line along the rear of these lots be installed underground within the new easement area. I PLAT ANALYSIS I Pursuant to Section 3.1.1 of the Land Development Regulations, prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information in the application, the staff report, or minutes. Findings shall be made by the Board to approve or deny the development application. These findings relate to Future Land Use Map Consistency, Planning and Zoning Board Meeting of June 20, 2005 North Del-Ida Estates Plat Page 2 Concurrency and Consistency with the Comprehensive Plan, and Compliance with the land Development Regulations. Section 3.1.1 IA) - Future land Use Map: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future land Use Map. The subject property has a Future Land Use Map designation of LD (Low Density, 0-5 dwelling units per acre) and is zoned Single Family Residential (R-1-AA). Pursuant to LDR Section 4.4.3(8)(1), within the R-1-AA zoning district, conventionally sited single family detached residences are allowed as a permitted use. As the proposed density is less than the 5 units maximum per acre, it is appropriate to make a positive finding with respect to consistency with the Future Land Use Map designation. Section 3.1.1 IB) - Concurrencv: Pursuant to Section 3.1.1 (B) Concurrency as defined pursuant to Objective B-2 of the Future land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Water and Sewer: . Water service is available via connection to an existing 6" water main within NE 2nd Avenue right-of-way. . Sewer service is available via connection to an existing 8" sewer main within NE 7'h Street, NE 2nd Avenue and NE 6th Street rights-of-ways. . Fire protection will be provided via an existing fire hydrant located within a triangular median at the southeast corner of NE 2nd Avenue and NE 6th Street. The Comprehensive Plan states that adequate water and sewer treatment capacity exists to meet the adopted LOS (Level of Service) at the City's build-out population based on the current FLUM. The 4 single family residential units were factored into the plan; thus, a positive finding with respect to this level of service standard can be made. Streets and Traffic: A traffic study/statement is not required for this proposal. However, each single family home is expected to generate 10 daily trips for a total of 40 daily trips. Given the credit for the existing home (10 trips) and net new trips Will be 30 daily trips. Parks and Recreation Facilities: The proposed 4 residential units will not have a significant impact with respect to level of service standards for parks and recreation facilities. Pursuant to LDR Section 5.3.2, a park impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building permit for each unit. A total fee of $2,000 will be required of this development for parks and recreation purposes. Planning and Zoning Board Meeting of June 20, 2005 North Del-Ida Estates Plat Page 3 Solid Waste: Trash generated each year by the 4 units is 7.96 tons of solid waste per year (4 units x 1.99 tons of solid waste per year = 7.96 tons). The trash generated by this proposal can be accommodated by existing facilities; therefore, a positive finding with respect to this level of service standard can be made. Drainaae: Drainage will be accommodated on site. There should be no impact on drainage as it relates to this level of service standard. Schools: The applicant has submitted the required letter of Concurrency Determination to the Palm Beach County School District and the City has received an approved letter of Concurrency from the Palm Beach County School District. Section 3.1.1 (C) - Consistencv: Pursuant to Section 3.2.1 (Basis for Determining Consistency), the performance standards set forth in Section 3.2.3 (Standards for Site Plan and/or Plat Actions) shall be the basis upon which a finding of overall consistency is to be made. As described in Appendix "A", a positive finding for consistency can be made as it relates to Standards for Plat Actions. Section 3.1.1 (D) - Compliance with the Land Development Reaulations: . LOR Section 5.1.3(A) (Plat Reauired): A plat is required for the subdivision of any lot, tract or parcel of land; and for the dedication, layout opening or construction of any street, storm sewer, sanitary sewer, water main, or other facility for public use or for the common use of building occupants. No additional right- of-way or access tracts are necessary for this project as all lots take direct access from either NE 6th Street, NE ih Street or NE 2nd Avenue. . Pursuant to LOR Section 4.3.4(E)(3) (Front and Frontaae): The front of a lot is the side with frontage on a street. For corner lots, the side having the least street frontage shall be the front for setback purposes. Where a corner lot or through lot has frontage on an arterial or collector street, the front shall be the side with frontage on the arterial or collector. According to the Transportation Element of the City of Delray Beach's Comprehensive Plan, NE 2nd Avenue (Seacrest Boulevard) is considered a City Collector; thereby making this street the Lot Frontage for proposed Lots 2 and 3. . Pursuant to LOR Section 4.3.4(E)(4): If a limited access easement or limited access right-of-way runs the length of the frontage on a street, then the front shall be on a frontage without such access restrictions. A non- vehicular access line is recommended along NE 2nd Avenue and is listed as a condition of Planning and Zoning Board Meeting of June 20, 2005 North Del-Ida Estates Plat Page 4 approval. With the placement of this access restriction along NE 2nd Avenue, the front of Lot 2 is now NE th Street and the front of Lot 3 is now NE 6th Street. . LOR Section 4.3.4(K} (Development Standards Matrix): The following table illustrates the required minimum lot size, width, depth and frontage requirements of the R-1-AA Zoning District per Land Development Regulations Section 4.3.4(K): Lot Size Lot Width I/C* Lot Deoth Lot Frontaae I/C* (ft.) (ft.) (ft.) Minimum Required 9,500 75/95 100 75/95 Proposed Lot 1 10,204 85 120.06 85 Proposed Lot 2 (corner lot) 10,891 91.87 120.06 91.87 Proposed Lot 3 (corner lot) 10,900 91.87 12006 91.87 Proposed Lot 4 10,500 85 12006 85 * IIC - Intenor Lot/Corner Lot As highlighted in the table above, proposed Lot 2 and Lot 3 do not meet the current district regulations regarding Lot Width and Lot Frontage for a corner lot. The current lot width for a corner lot is 95 feet and 91.87 feet is proposed. The current lot width for an interior lot is 75 feet and 85 feet is proposed for Lots 1 and 4. The lot width/frontage for Lots 1 and 4 can be reduced by a minimum of 3.13 feet and incorporated with proposed Lots 2 and 3 in order to meet the minimum requirement for a corner lot (91.81' + 3.13' = 95'). This is listed as a condition of approval. All interior lots contained within the plat of Del-Ida Park were platted as 50' wide lots that ranged in depth from 120' to 140'. The majority of the homes constructed in this neighborhood were developed on 50' to 75' wide lots. Within the same block, there are 4 lots that are 50' in width, 4 lots that are 75' in width, and 3 lots that are greater than 75' in width (95', 100', and 245'). All of the new lots will at least meet the zoning districts minimum size (75' to 95') with respect to lot width or lot frontage, but will slightly exceed the minimum lot size. . LDR Section 6.1.3(B)(2lfSidewalk Desian Reauirements): Pursuant to LOR Section 6.1.3(8)(2), 5' wide sidewalks must be constructed within the street right-of-way (or easement or tract) and must be constructed adjacent to the right-of-way (easement or tract) line. As previously mentioned, a 5' wide concrete sidewalk exists within the rights-of-ways for NE 7'h Street and NE 2nd Avenue while a 4' concrete exists along NE 6th Street right-of-way. The existing 4' wide concrete sidewalk shown on the survey along NE 6th Street must be expanded to a width of 5' along the entire property frontage for proposed Lots 3 and 4 with future development. . LDR Section 5.3.1 (Riaht-of-Wav Dedication): Per LOR Section 5.3.1 (A), streets, public or private, shall be shown on all subdivision plats as tracts dedicated for such purposes. As previously mentioned, vehicular access will be taken directly from NE 6th Street and NE 7th Street, no additional right-of-way dedications nor access tracts will be necessary. Planning and Zoning Board Meeting of June 20, 2005 North Del-Ida Estates Plat Page 5 Comprehensive Plan Policies: A review of the objectives and policies of the Comprehensive Plan and no applicable policies were found. l TECHNICAL ITEMS I Technical comments from the Planning & Zoning Department and Environmental Services Department are attached as Appendix liB", and must be addressed prior to scheduling of the plat for City Commission. While there are several comments, they are minor in nature and will not impact the general plat diagram. I REVIEW BY OTHERS I This project proposal is not within the geographical area requiring review by the Downtown Development Authority (DDA). However, it is within the geographical area requiring review by the Historic Preservation Board (HPB) and the Community Redevelopment Agency (CRA). Community Redevelopment Agency (CRA): The CRA considered the development proposal at its meeting of June 16, 2005, and recommended approval. Historic Preservation Board (HPB): The HPB considered the development proposal at its meeting of June 15, 2005, and recommended approval. Courtesy Notices: A courtesy notice has been sent to the following neighborhood and civic associations: . President's Council . Seacrest Neighborhood Association . PROD (Progressive Residents of Delray) . Del-Ida Homeowners Association Letters of objection or support, if any, will be presented at the Historic Preservation Board meeting. I ASSESSMENT AND CONCLUSION I The proposal to reconfigure 4 existing lots into 4 buildable lots is consistent with the Zoning and Future Land Use Map designation for the subject property. Positive findings can be made with respect to LDR Section 3.1.1 (Required Findings for Land Use and Land Development Applications), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and Goals, Objectives and Policies of the Comprehensive Plan. The plat will require minor technical modifications as listed in "Appendix liB" - Technical Items" section of this report before it can advance to City Commission. I AL TERNA TIVE ACTIONS I A. Continue with direction. Planning and Zoning Board Meeting of June 20, 2005 North Del-Ida Estates Plat Page 6 B. Move a recommendation of approval to the City Commission of the request for a Final Plat approval for the plat of North Del-Ida Estates, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4 5(J) (Major Subdivisions), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and Section 3.1 1 (Required Findings for Land Use and Land Development Applications) of the Land Development Regulations, subject to conditions. C. Approve the preliminary plat, and require submittal of a final plat to be processed separately. D. Move a recommendation of denial to the City Commission of the request for a Final Plat approval for the plat of North Del-Ida Estates, based upon a failure to make positive findings of fact and law contained in the staff report, and failing to make positive findings that the request and approval is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(J) (Major Subdivisions), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and Section 3.1.1 (Required Findings for Land Use and Land Development Applications) of the Land Development Regulations. I STAFF RECOMMENDATION I Move a recommendation of approval to the City Commission of the request for a Final Plat approval for the plat of North Del-Ida Estates, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(J) (Major Subdivisions), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and Section 3.1.1 (Required Findings for Land Use and Land Development Applications) of the Land Development Regulations, subject to the following condition: 1. That all comments under the "Technical Items" section (Appendix "B") of the report be addressed prior to scheduling the plat for City Commission action. Attachments: . Appendix "A" . Reduced Survey . Appendix "B" . Reduced Plat . Location Map . Del-Ida Park Plat Planning and Zoning Board Meeting of June 20, 2005 North Del-Ida Estates Plat Page 7 I APPENDIX - A I STANDARDS FOR PLAT ACTIONS A. Building design, landscaping, and lighting (glare) shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. Not applicable X Meets intent of standard Does not meet intent B. Separation of different forms of transportation shall be encouraged. This includes pedestrians, bicyclists, and vehicles in a manner consistent with policies found under Objectives 0-1 and 0-2 of the Transportation Element. Not applicable X Meets intent of standard Does not meet intent C. Open space enhancements as described in Policies found under Objective B-1 of the Open Space and Recreation Element are appropriately addressed. Not applicable X Meets intent of standard Does not meet intent D. The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood. If it is determined that the widening or modification will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted. Not applicable X Meets intent of standard Does not meet intent E. Development of vacant land which is zoned for residential purposes shall be planned in a manner which is consistent with adjacent development regardless of zoning designations. Not applicable Meets intent of standard X Does not meet intent F. Vacant property shall be developed in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. Planning and Zoning Board Meeting of June 20, 2005 North Del-Ida Estates Plat Page 8 Not applicable Meets intent of standard X Does not meet intent G. Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in the Housing Element. This shall be accomplished through the implementation of policies under Objective B-2 of the Housing Element. Not applicable Meets intent of standard X Does not meet intent H. The City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Not applicable Meets intent of standard X Does not meet intent I. Development shall not be approved if traffic associated with such development would create a new high accident location, or exacerbate an existing situation causing it to become a high accident location, without such development taking actions to remedy the accident situation. Not applicable Meets intent of standard X Does not meet intent J. Tot lots and recreational areas, serving children from toddler to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. Not applicable X Meets intent of standard Does not meet intent Planning and Zoning Board Meeting of June 20, 2005 North Del-Ida Estates Plat Page 9 I APPENDIX - B I TECHNICAL COMMENTS The following comments must be addressed prior to scheduling the plat for City Commission: Plannina & Zonina Department Comments: Technical Comments: 1. Please provide a copy of the latest Recorded Warranty Deed and a Certificate from an attorney or title insurance company certifying that Coastal Property Holdings, LLC. is the current fee simple title holder of record of the subject property and listing all encumbrances of record. 2. Please execute the enclosed Certificate if Corporation form allowing Andrew Spengler to sign on behalf of Coastal Property Holdings, LLC. 3. The City has not received a response from BellSouth and Adelphia Cable concerning any necessary easements. The Final Plat cannot proceed to City Commission until all responses have been received Technical Comments: 1. Acreage (0.54) and Square Feet Calculation (23,548) provided under the dedication statement does not seem to be correct if Lots 1, 2, 3 and 4 are all over 10,000 sq. feet each. 2. Please tie plat a section corner. 3. Florida Power & Light (FP&L) is requesting a 10' U.E. centered along the rear of lots 1 & 4 and continuing along the rear of Lots 2 & 3 and ending at NE 2nd Avenue (please see enclosed response). Please show a 10' G.U.E. as depicted on the enclosure. John Van Vleet, Senior Systems Project Manager may be contacted for additional questions. 4. North right-of-way dimension for NE 2nd Avenue shows it being 5' from property line to centerline. Please correct this to say 25'. 5. Please place a Non-Vehicular Access Line along the NE 2nd Avenue and provide the approved dedication language for this line. 6. Pursuant to LDR Section 4.3.4 (K) Development Standards Matrix for Residentially Zoned Property with an R-1-AA (Single Family) Designation, the minimum Lot width and Lot frontage for a corner lot is 95' and only 91.87' exist. Please make the corner lot conforming at 95' by reducing the Lot frontage and Lot width for Lots 1 and 4 since the minimum lot frontage and width for interior lots need only be 75'; otherwise, a waiver by City Commission would be required which would not be supportable. 7. Additional comments may follow after re-submittal. Planning and Zoning Board Meeting of June 20, 2005 North Del-Ida Estates Plat Page 10 Environmental Services Deoartment's Comments: Plat Comments: 1. Provide coordinates on all P.R.M. 2. Provide digital copy of approved plat in format per City of Delray Beach Engineering. 3. Tie Plat to a section corner. 4. Total square footage of dedication (23,548 sq. ft.) does not match total of lots 1 through 4 (approximately 42,000 sq. ft.). 5. 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W. 9 TH ST. i,: ;' ;'--- I !; I, f--- ! i !: Iii ~ ,i, c-- I 1 I' ' I :1 L---- ,: I II . ,--- , I f--- i c-- ,I , I ; I ; N.W 81TH ST. _._ GiORGE ~ ~BUSH BOULEVARD . ~ v" ~- I _ _ ~ <:( ,I q,~ - I N E. 7TH ST I '~t.:~~i~: " i N W 7TH 5T .:...:,:;;....... I l I J ,,~ n ". :.. .'.. .~. H.:....:.i.t.:..~......... ~ IV I w:. ........::.... <l: {f >....... . ..' . T,l3' <;) <{~:r~" ,;)" I .:S::f l;~Tt'} I 0 , .... ................"'- <0 N W. 6TH ST. I,.. I N E 6TH 5T I t1 ~ D I I ~ " w .t<V v tJ~ v" ::> v OJ... ~ : z ~ z !I ~ ~<v a <( <v" N.E 5TH TERR. Q Ii li)t'J f WOOD LN i r-- ! I I I ~ i I I I iN: I J I I N,E. 5TH CT I I ! ) I - ~ z ~' o (;' I ~ <5-'/'1 ~ I I I 9f- ~ '" I <<.~U i I 7 I ~I-- TRINITY (/) N.E 5TH 5T ~~ LUTHERAN 'ii) c:c _ I I I I ~/- w 4..1-- ; z I I I 7 I I J r LAKE IDA ROAD N.E. 4TH 5T I I I I ,r--l N - NORTH DEL-IDA ESTATES PLAT CITY OF DELRAY BEACH, FL EXISTING LOT CONFIGURATION PLANNING & ZONING DEPARTMENT -- DIGITAL BASE MAP SYSTEM -- MAP REF LM778 MEMORANDUM TO: MAYOR AND CIIT COMMISSIONERS FROM: fCIIT MANAGER SUBJECT: AGENDA ITEM # ~~ - REGULAR MEETING OF AUGUST 2. 2005 FINAL PLAT APPROVAL/WALLACE DRIVE COMMERCE CENTER DATE: JULY 29, 2005 1bis is before Commission to approve the minor subdivision plat for Wallace Drive Commerce Center, a re-plat of Lots 1 through 7, Block D, Plat of Sunny Acres. The property is located on the west side of Wallace Drive, between Poinsettia Drive and Georgia Street. All technical and staff comments have been addressed and the plat is ready for approval. Recommend approval of the final subdivision plat for Wallace Drive Commerce Center. S:\Clty Clerk\agenda memos\Fmal Plat/WaI1ace Dnve Commerce Center 080205 ~-------- -- , ~f City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: David T. Harden, City Manu FROM: Randal L. Krejcarek, PE B DATE: 25 July 2005 SUBJECT: Wallace Drive Commerce Center Plat Agenda Request The attached Agenda Request is for Commission approval of the Wallace Drive Commerce Center Plat, which is a re-plat of Lots 1 through 7, Block 0, Plat of Sunny Acres as recorded in Plat Book 21, Page 63 of the Public Records of Palm Beach County, Florida, lying in Section 20, Township 46 South, Range 43 East, City of Delray Beach, Palm Beach County, Florida. This minor subdivision plat is located on the west side of Wallace Drive between Poinsettia Drive and Georgia Street. Enclosed are a location map and a reduced copy of the plat. This is a minor subdivision plat; therefore, no additional approvals are required. If this meets with your approval, please place it on the 02 Aug 2005 Commission Agenda for approval. Thanks! enc cc Richard Hasko City Clerk TAC file S:\EngAdmin\TAC\Wallace Dr. Commerce Center (fka-Sunny Acres)\2005 08 02 agenda memo. doc \~I-~_~ ~ ~ ~ ~_r-~ I ~- ~II <f-- - < < < < ~ r-< I <- ~u f--I - I -- f!:1 ~===f!: f!: f!: ~- F r-f!: 'f!:-: DELRAYBEACH Ie- t"-,-- <0 _ Ii'J .... I"'l N -~- ~ 0' ~ ~-~ ~ ~ ~ ~ _ ~ i--~ ~- MEMORIAL <Xl ~[TIJ, ~ DJJ ~ ~ I ~ ~ - ~ ----i--e. ~I I ~ - GARDENS ~- V) V), V) V) V) V) Vl V) vi Vl - S.W. 10TH STREET lIT I I I ' ! / I W- I " I' i f-- '-- ~ ~r= , i1) I----, < <I-- ~ ~~. ~~. I / H i ~ < t$J t$J I l I ~ = , n'l;fr~ 'n'l;f --$), I IF I 'I ,,,J I ' n" I - ~ ,V ~ r----il' ~ I - V) ~- PARK TEN ~ / ! I <Xl_ V) 'ROYAL ALM DR Jj/ s W 11TH [j] ~ Y~QI fi1 - o _ PARK TEN _ / ~ _ 2ND ADD. // ~ ~= POINSETTIA DRIVE L / I - ~ w / ~ ~ mE LINTON g -' 'L I GROVES CENTRE W w I / z I ~ J //.. ~ GEORGIA -' STREET / w II!II!; Ii! r--< PROSPERI I ~ i i ii, ~ '::i , WAREHOUSE ~ I BESSIE 'ST '::ik i-::'::z I I < . z !LuQ::~ j. ~ 'LJ'<(< < ~ Q !~/j' v ~~ ~ ~ '<( ....; ~ ~ Iff ELLA ST Q::~:::J ' )_ ~ \ ~~ ~ II ~ ~:y~~0 <..?, ~ 9SU~=V MILFRED STREET! r C ,IU/ I SOUTHRiDGE RD :......----- I ~ 1== ,--- MAROONE MAROONE ,v) SOUTHRIDGE FORD r DODGE (' VILLAGE ~ MAROONE CONDO V) CHEVROLET ) / - ............. LINTON BOULEVARD . A OUTBACK ~ r ,J ~ LINTON INTERNAr:;2.[IONAL 2~' '~A~ Q:' < I 4J-' ~ CIRCUIT Ji I a.. ROSS ~ I -- CI TY J---...... / : / N WALLACE DRIVE COMMERCE CENTER CITY OF DELRA Y BEACH, FL PLANNING &: ZONING DEPARThtENT -- DIGITAL BASE MAP SYSTEM -- MAP REF U.A863 ~ i i Ii! iilll!ll! !! I ~r ISI;!llj ~Ii Iii; II lii&llil II~&II !~I · i I . ~ I ~ ;:~ ;11111 II II~B I I ~I~ I l~!~ .. 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I ~i I j I~ ~ ~ J ,,~. - Bilj JCl'UL~y - --;t:- - ~i'I~ IIi 'Ii ! . .....-r - - (PlA7_~ II , lS - -~ .. .. I'. - ..". if ~ "~I .., ... fIT ... 'Y I l!il I II I j . -- Ip .. I .. ~'I -1--1----' I i' i ~ I I H r ,71'.', ~. I: I I I " T !i I I I i i ~ 1 i I I I I ~ I : ~: I I '" I 1-:' I' I .;1 I II: , ii ~ I ~I::.I " '~' I ~ i~~~ I I II I I l~ tllll : I I !3 !'f I: e: t I .I~~ iA .~ I " I' ~!!llil .'l ~! I ::: i,. ~ ~;.~ ~ tl, t.. i~ I I I I ~liI l: I I I I ~ I: !t' !;& tlil!~ I I I., '~r ~ I; i *I ~~a[ ~lil="o -~ I I I. l 'i I \ I ~ AI 8 ~n~ I" i ~ I \ f~ \ \ I ;I~~ l -, 1 1\ \ : \ t: ~liIliItzi I I \ \ ; r lEi =:tj .. I I \ \ UI~ I ;! I !j ~ i~ I ,. ~ ~ .. t '..... i 11 ~'..... E -lllIil lani ~- II 0 1!11:lii'I~III!"llli'lI!llliil : FJ~' I '. ~ I ''I" 'II -I" r" !.. i"i11 ~ II ... - _ 'I i!l!l!i!!i~~il!!!r!!~I!ii~1 ! ~d;: r l~ ,i ~ i' i.~!i!i~ ~! ~II !;~;Il !ibi.~iEii:;h;~PI!nih,j ~ l:lll r'l II I I~~I Ed i 1 I~~~I~III 1& i1e dl. - -.~ 1I iliiJ; i I J. .I~~I A r II~ .~aJ.i I~ :1 ~ · i~I;11.i;;l 1"1 I 8 !I!!~ l n .. - n Date: 25 Julv 2005 AGENDA ITEM NUMBER: ~ tj CD ~~~Cc,<:: "" """" '-';'-;2\;-_ . ~_ .m_.,_ _ ._. .~. AGENDA REQUEST Request to be placed on: -1LConsent Agenda _Regular Agenda _Workshop Agenda _Special Agenda When: 02 Aug 2005 Description of Agenda Item (who, what, where, how much): Request for Commission Agenda Request is for Commission approval of the Wallace Drive Commerce Center Plat, which is are-plat of Lots 1 through 7, Block D, Plat of Sunny Acres as recorded in Plat Book 21, Page 63 of the Public Records of Palm Beach County, Florida, lying in Section 20, Township 46 South, Range 43 East, City of Delray Beach, Palm Beach County, Florida. This minor subdivision plat is located on the west side of Wallace Drive between Poinsettia Drive and Georgia Street. Staff Recommendation: Approval Department Head Signature: Ii ~0 City Attorney ReviewlRecommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes I No Initials: N.A. Account Number Description Account Balance: Funding Alternatives: (if applicable) City Manager Review: Approved for Agenda: Yes I No Initials: Hold Until: Agenda Coordinator Review: Received: S:\EngAdmm\TAC\Wallace Dr. Commerce Center (fka-Sunny Acres)\2005 08 02 agenda.doc --- ~ [IT' DF DElRAY IEA[H CITY AnORNEY'S OFFICE 300 \X' ATIA:\TIC '\\'E:\lT . DELRAY BEACH. FLORIDA 33444 Ia\1! POLICE lEGAL ADVISOR TELEPHO:-JE S6l '2-i3-""/'l23 . FACSI\lILE 561/243-7815 " III! 1993 POLICE LEGAL ADVISOR MEMORANDUM To: Mr. David Harden, City Manager Date: July 18, 2005 !J-' From: Catherine M. Kozol, Police Legal Advisor Re: Command Security Agreement Enclosed please find two signed original agreements with Command Security Corporation for approval by the City Commission. Command Security administers our off-duty police details including requests for services, scheduling work and confirmation of completion along with maintaining logs and completing 1099s for the individual officers. Paragraph 3 includes a provision wherein the City will be paid the sum of $5,010.00 for a portion of the services which are completed by The City of Delray Beach Police Department. If this is acceptable, would you please place this Agreement on the Consent Agenda and return a signed copy to my office. If you have any questions, please do not hesitate to call me. Ath/encs. cc to: Chief L. Schroeder Susan Ruby City, Attorney Chevelle Nubin, City Clerk ~C- -- --- AGREEMENT This Agreement dated this 9th Day of June 2005, by and between the CITY OF DELRAY BEACH, a municipal corporation in the State of Florida hereinafter referred to as the "City" and COMMAND SECURITY CORPORATION, hereinafter referred to as the "Contractor", a New York corporation with an office at 1133 Route 55 Suite D, Lagrangeville, New York 12540. This Agreement is governed by Florida law. WITNESSETH: WHEREAS the Contractor has proposed to the City that Contractor manage the administration of Off-Duty Police Work for the City's Police Department; and WHEREAS the City has need for these services; NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: SCOPE The scope of work to be performed by the Contractor will be as follows: 1. Contractor will provide administration of Non-City Sponsored Off Duty Police Detail, including requests for service, scheduling work and confirming completion. a. Approval by the City of another entity's request for security does not constitute a City sponsored event, unless the City declares the event as a City Sponsored Event and the security is paid for by the City. 2. Contractor will invoice clients, administer payment to officer for receivables, and process all approved client invoices in Contractor's name. 3. Contractor will provide payment of Five Thousand and Ten Dollars ($5,010.00) per year for administrative personnel involved in administration ofthe off-duty police details. Contractor will pay the Five Thousand and Ten Dollars ($5,010.00) divided in equal monthly payments of Four Hundred and Seventeen Dollars and 50 cents ($417.50) to the City of Delray Beach. 4. Contractor will provide management reports specifying hours worked by location, client and officer. 5. Contractor will purchase receivables from independently contracting officers when properly signed off by the officer and the client. The Contractor will own receivables and will, with the approval ofthe City, determine appropriate prepayment terms for service users and provide collection management reports, including finance charges for late payments. 6. Contractor shall administer program in accordance with City policies and Police Department General Order Number 530 as attached hereto and may be periodically amended. This contract is in accordance with General Order Number 530 and provides no change in the manner in which Non-City- Sponsored Off Duty Police Details are distributed to employees. A. OVERVIEW The Contractor will handle off-duty service requests, coordinate the scheduling of approved independent contracting officers and other administrative aspects of the program. Additionally, the Contractor will purchase invoices from independent contracting officers and provide associated payment to the officers and supervisors engaging in off duty assignments. Contractor will provide administrative services for management of the program, invoices to clients and regular reports to be used by the City for analysis of the extra duties provided by Police officers. Contractor will compile total annual hours worked by each officer and provide each officer a 1099- tax form in a timely manner for all officers who have provided 1-9 and W-4 forms to Contractor. This form will provide officers with their gross annual income from the services rendered under the program; it is understood that the officers are operating as independent contractors and are not employees of Command Security Corporation. It is the responsibility of each officer to report all income from off duty service with the filing of his /her tax return. Contractor will provide regular reports to be used by the City for the analysis ofthe extra duties provided by police officers. The City will provide Contractor with a list of approved officers for this program, a list of approved users and guidelines for this work. This paragraph is an overview of the program and the specific terms ofthe Agreement are as provided in the entire Agreement. B. SCHEDULING The City will provide lists of approved officers and approved sites along with the duty schedule of the officers no later than one week prior to proposed work. Contractor will prepare schedule through computerized system and provide schedule to officers as soon as possible and to the Police Department no later than 24 hours before the work is commenced. Contractor will provide a contact person for officers and clients to process requests and to modify schedules. C. PAYMENT Each week, the Contractor will enter information into the Contractor's computer including all of the hours submitted as worked by the officers and verified with client signature. All submissions by the officers will be signed by the officer and the client. Contractor will secure advanced payment authorization from the client if an on-site representative will not be available to sign the officer's invoice, verifying hours worked and job completion. The officer will then assign the receivable to Command Security Corporation. Every Monday the information will be "closed-off' for the prior week's work; submissions not completed by that time will not be processed. Completion will mean the work verification signed by the officer and the user with an acknowledgement ofthe assignment of the receivable. The Contractor will process payment for eligible requests for that period; payment will be provided on the Friday after for the work ending the prior Sunday. The Contractor will prepare reports from the computer-transferred information. Only completely verified and signed-off invoices will be purchased. D. BILLING Based on information entered into the computer and/or faxed to the Contractor, the Contractor will prepare in its standard format, all weekly invoices and mail them directly to the customers. E. REPORTS The Contractor will provide the following reports to the City each week for the previous week: 1. Invoice Register 2. Payment Register 3. Accounts Receivable Aging Report 4. Cash Application Report 5. Copies of invoices sent to customers 6. A record of all work performed in the pri~r week by officer, location and client. F. HOLD HARMLESS Contractor shall indemnify and hold the City harmless for all errors or omissions of Contractor in the performance of Contractor's duties provided under this Agreement, and shall pay all costs; claims of any kind, including City costs and attorney's fees at trial or appellate levels. G. CHARGES AND PAYMENTS For the management services and receivable financing, for police officers service each week, the Contractor will pay independently contracting officers for their receivable amount and withhold seven percent (7%) ofthe gross billings for Contractor's service fee. H. CASH STATEMENT The Contractor will send a letter to all of the City's customers stating that the Contractor is authorized to send invoices on behalf of the City and that all payments are to be sent to the Contractor's lock box. On the bottom of each invoice will appear the following message: "Remit to: Command Security Corporation, General Post Office, PO Box 27588, New York, NY 10087-7588. This invoice has been assigned to our Financing Organization." Upon reasonable prior written notice to the City, the Contractor will change the message and direct that payments be sent to another lock box designated by the Contractor or state that such invoice is property of a third party identified by the Contractor who provides financing to the Contractor. I. GENERAL Neither the City nor the Contractor will be responsible for acts of God (hurricanes, floods, etc.) nor items beyond their control (power failures, etc.), however, both the City and the Contractor will make every effort in an urgent manner to correct the problems and difficulties caused by such acts. Contract will commence July 4th, 2005, and will continue for a period of one year, after which time contract will be subject to renewal or extension by mutual written agreement. Either of the parties may end this agreement with or without cause upon sixty (60) days written notice to the other; however the City may terminate immediately if Contractor fails to follow City policies or General Orders' procedure. During the term ofthis Agreement, the City will not use any other entity to perform special duty officer scheduling, payroll or billing services outside this Agreement provided the Contractor is not in default of this Agreement. In addition to other provisions, this Agreement can be ended if either City or Contractor is unable to maintain or renew any permit or license necessary to do business. It is understood that Contractor is not City's employee nor the employer of any of City's personnel. If any part of this Agreement proves to be invalid, all the rest of the Agreement shall remain in effect. This is the entire Agreement and there are no representations or promises that are not included herein. J. REVIEW The Contractor will permit the City to review, at any time, all work performed under the terms ofthis Agreement at any stage of the work. K. BOOKS AND RECORDS The Contractor will maintain or cause to be maintained all records, books, or other documents relative to charges, including charges for extra work, alleged breaches of Agreement, settlement of claims, or any other matter involving the Contractor's demand for compensation by the City for a period of not less than three years from the date ofthe final payment for work performed under this Agreement. Contractor will provide to the City these records upon request. L. DISPUTES Any controversy or claim arising under this Agreement will be governed under Florida law with venue in Palm Beach County, Florida. M. This Agreement will be enforceable once executed by the parties. N. The parties do not intend to create any rights for any third parties not signatures to this Agreement. O. The City does not waive its sovereign immunity by entering into this Agreement. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. Witnessed By: Authorized By: CITY OF DELRA Y BEACH By: DELRAYBEACH POLICE DEPARTMENT By: Chief of Police COMMAND SECURITY CORP. By: C).pg - Q. ~J Jeffrey S. !dmiston Senior Vice President- Operations ~L't . [IT' OF DELIA' BEA[H CITY ATTORNEY'S OFFICE ~()I) '\1\\' ht -\\T'\TE. DELR-'\Y HI. \CH FLORIDA 33444 HJ.Ei'Wr\[ 5(-.I'~-U-7()')i) . [-\('';[[\IILE 5hli~n-4755 DELRAY BEACH Writer's Direct Line: 561/243-7091 f lOR I 0 .... Dad All-America City , III I! DATE: MEMORANDUM July 26, 2005 1993 TO: City Commission 2001 David Harden, City Manager O-~ FROM: Brian Shutt, Assistant City Attorney SUBJECT: AQreement with Urban DesiQn Studio The attached agreement provides that Urban Design Studio shall provide architectural review services for projects in the beach overlay districts that are governed by the Beach Design Guidelines. Urban Design shall perform such review for the fee of $750.00 per project. This Agreement shall be for a period of one year. Our office requests that this item be placed on the August 2, 2005 City Commission agenda. Please call if you have any questions. Attachment cc: Janet Whipple, Acting City Clerk Paul Dorling, Planning and Zoning Director Jeff Costello, Asst. Director Planning and Zoning ~~ --- . CONSULTING AGREEMENT THIS AGREEMENT made this day of , 2005 by and between the CITY OF DELRAY BEACH (hereinafter called City) a Florida Municipal corporation and Urban Design Studio, LLC (hereinafter called Consultant). WITNESSETH: WHEREAS, the parties desire to enter into an agreement to provide particular plan and architectural review services to the City; and, WHEREAS, the Consultant is experienced in providing the services required by this agreement; and, WHEREAS, the Consultant will provide all supplies necessary to provide the services contained herein without reimbursement; and, WHEREAS, the Consultant is engaged to perform the specific tasks contained herein. NOW, THEREFORE, in consideration of the covenants set forth herein, the parties agree as follows: 1. Recitals. That recitals set forth above are hereby incorporated, as if fully set forth herein. 2. Performance. The Consultant shall perform all services with the highest level of professional skill and competence and shall complete all services in an efficient and timely manner and as required by this Agreement. Due to the time certain deadlines, services will not begin until the Consultant receives a complete application as defined in Appendix B by items A through D on Pages B-1 and B-2 of the Beach Property Owners Design Manual dated March 15, 2005. --- -- 3. Duties. Consultant's duties are as follows: a.) Consultant shall perform standard architectural review services as follows: - Verification of lot/addresses pertinent to study area and specific districts; - Review of certified and sealed architectural plans and calculations; - Review of certified and sealed landscape plans and point calculations; - Review project for compliance with all Design Manual Regulations; - Review project for compliance with all Design Manual Guidelines and point thresholds; - Verify completed application checklist; - Coordination with Planning Department and/or applicant on issues pertaining to project; - Preparation of written notification and recommendations of all non-conforming regulations or Design Guidelines where applicable; - Preparation of written "letter of compliance" for completed applications that meet all the Regulations, Design Guidelines Thresholds, and Overall Design Intent for buildings, landscape and site plan issues as outlined in the Beach Property Owners Design Manual; - Review of recommended revisions (revisions must be provided within the designated thirty (30) day time frame); - Coordination of correspondence material with appropriate departments, boards and/or applicant; - Review of minor changes mandated by permitting. b.) Additional services may be agreed upon, in writing, from time to time. 4. Term. This agreement shall commence on upon execution by both parties and shall expire one year from the date of execution of the agreement. This agreement may be terminated by either party by giving thirty (30) days written notice to the other. 5. Comoensation. During the term of this agreement, the Consultant shall be paid a fee in the amount of $ 750.00 per review of "major renovation" or "new structure" projects. Consultant shall only be paid this amount upon the completion of its review. If the review involves repeated alterations to the plans whether based on comments by Consultant or from changes made by the applicant, the Consultant shall submit a written authorization for additional fees to the City for approval prior to performing services. Any review past the ----- allotted thirty (30) days will be considered a new application to which a new fee will be applied. If this agreement is terminated, the City shall only be responsible to compensate Consultant for fees billed up to the date of termination. 6. Relationship of the Parties. The parties intend that the Consultant, in performing services specified in this agreement, shall act as an independent contractor and shall not be deemed an agent, legal representative, joint venturer, partner, employee or servant of the City of Delray Beach for any purpose. Consultant shall have sole control of the work and the manner which it is performed. Consultant shall be free to contract for similar services to be performed for other entities or persons while under contract with the City. Consultant is not entitled to participate in any pension plans or other benefits provided by the City. 7. Compliance with Law. Consultant shall comply with all applicable laws, rules and regulations, including, but not limited to applicable worker's compensation, employer liability, Fair Labor Standards Act, and other federal, state, county and municipal laws, ordinances, rules and regulations, as may be applicable. 8. Taxes. Consultant shall be responsible for all federal, state or local taxes of any kind which Consultant now or hereafter shall be liable for or required to pay either on its own behalf on behalf of his employees or on behalf of the City or otherwise, and shall pay all penalties and interest thereon. 9. Assienment. This agreement is a personal service contract. An assignment of the duties to be provided under this agreement shall require the prior written consent of the City. 10. Indemnification. Consultant shall indemnify, defend and save the City, its officers, employees and agents harmless from any and all taxes, penalties and interest, that is claimed to be due, and claims, liability, and causes of action arising out of the willful, intentional or negligent performance of the duties covered by this agreement by Consultant or his officers, agents or employees, and Consultant shall pay all claims and losses in connection with the performance of this contract, including taxes, interest and penalties including, but not limited to, all costs, judgments and attorney's fees at the trial or appellate levels. 11. Insurance. Consultant shall at his own expense, provide forms of insurance and amounts of insurance as may be required by the Risk Manager for the City. 12. Notices. All notices shall be effective when mailed at the following addresses: Urban Design Studio 477 S. Rosemary Avenue Suite 225, The Lofts at City Place West Palm Beach, FL 33401 Attn: Kenneth Tuma City of Delray Beach David Harden, City Manager 100 N.W. 1st Avenue Delray Beach, FL 33444 13. Governine: Law: Venue. This agreement shall be governed by the laws of the State of Florida and venue shall be in Palm Beach County, Florida. 14. Non-Discrimination. Consultant shall not discriminate on the basis of age, religion, race, sex, marital status, or handicap in the performance of this Agreement. 15. Non-Exclusive. The provision of the services provided for herein is non- exclusive. The City may retain additional entities or persons to perform the same or similar work, if in its sole discretion the City desires to do so. 16. Entire Ae:reement: Modifications. This agreement constitutes the entire agreement between the parties, and supersedes all previous discussions or previous writings . between the parties. No waiver, alteration, or modification of any of the provisions of this agreement shall be binding, unless in writing and duly executed by the parties. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Jeff Perlman, Mayor Approved as to Form: City Attorney WITNESSES: URBAN DESIGN STUDIO By: Kenneth Tuma, Managing Principal (Type or Print Name) (Type or Print Name) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _ day of , 200_, by ,as (name of officer or agent, title of officer or agent), of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification. Signature of Person Taking Acknowledgment Name Typed, Printed or Stamped Title or Rank Serial Number, if any ~ ADM/NISTRA TIVE SEn VICES MEMORANDUM TO: David T. Harden, City Manager FROM: ~obert A. Barcinski, Assistant City Manager DATE: July 25, 2005 SUBJECT: Agenda Item City Commission Meeting August 2, 2005 Special Event Request "Caribbean American Cultural Festival" Action City Commission IS requested to consider approval of the 3rd Annual Caribbean American Cultural Festival sponsored by the Caribbean American Business Association, Inc. proposed to be held on October 16, 2005 from 3.00 p.m. until 11 :00 pm. on the grounds of Old School Square. Commission is also requested to authorize staff support for traffic control and security, EMS assistance, trash removal, event signage, barricade set up and to grant a temporary use permit per LOR's Section 2.3.6 (H) for the use of a portion of NE 1st Avenue north of the grounds at Old School Square. Backaround: Attached is an event permit received from Lincoln Joseph with the Caribbean American Business Association, Inc for this event, along with a site plan and event budget The purpose of thiS festival is to raise awareness about Caribbean culture through food, musIc and art. This would be a gated event with an entry fee. The estimated staff overtime costs for this event is $4,300 plus approximately $250 for signage and barncade rental The event sponsor has applied non-profit designation; therefore, per our policies they Will be charged 20% of all costs over $1,000. The estimated cost for the sponsor would be approximately $710. The event sponsor has a proposed agreement with Old School Square. Recommendation: Staff recommends consideration of approval of the event, the temporary use permit, staff support as requested and signage. We recommend that Slgnage not be installed before October ih and that approval is contingent on receipt of a certificate of insurance, hold harmless agreement and payment of City costs per event policies and procedures RAB.tasFlle u sweeney/events Doc'Carlbbean American Cultural Fest 2005 ~ ------ , City of Delray Beach DELRAY BEACH f l 0 . I D " tdtd Special Event Permit A1I-AmerlcaClly Application , , III! PLEASE PRINT 1993 2001 Event NamelTitle: (}tll?//J/;etl/J r141~/t'/t't2/} tJalltt/"dl N,j/,#f( (/i7/??'!?rj J//t?/'/la,II:;? . ( ft.flM n.~ ~ Event Date(s): Oc Iv~r i6NJ ';;005- Event Time(s): 3 -j /?/"f . Event Sponsor/Producer: ~K/bbetll1 +lM~r, c4'r; Bits- /7("" 4.55"<<-C I/b~ ]:rJC. Event Contact/Coordinator: /, /Jcvl/7 /i;7st!' /'~ .. . Name: L/r1~17I/J /tlS'C'.oh Address: :;(J'/ SlJ!t.;1 SW,'I}/,:}F') yfft!f7. j)1!//?~ ~.-;d; Telephone Number: ~:61-"';;1 (,- SI-?~.:z Cellular Number: 5.G!-9-?tJ-r.:Jl/3 E-mail Address: ~/rJ/.-v'l5/(?I?.2.&-C) l/P"?t7o. cC7n7 , Sponsor Category (please check) City 0 Non-Profit/Charitable 0 Private 0 Co-Sponsor - Non-Profit/Private ~ (If Non-profit attach proof of 501c(3) or (d)) Event Location (Describe area boundaries of event/location): Old S chao I sq (~ fJJL e. Site plan attached yes / no (Site plan required for entire event site) Event budget attached yes V no (Required for all events) Serving or selling alcoholic beverages yes / no (/f yes, copy of license and a/coho/liability insurance required two (2) weeks prior to event) 1 . , Event certificate of insurance attached yes X no / (Required two (2) weeks prior to event naming the City as additional insured, also required for vendors) Playing of amplified music yes / no (Waiver required) Requesting Police assistance yes /' no (traffic control/security) Will supplement with private security yes /' no (If yes, need plan attached) Requesting Emergency Medical assistance yes ~ no Requesting barricade assistance yes V' no Requesting trash removal/clean up assistance yes /' no Requesting trash boxes and liners yes /' no Requesting stage use yes no V'" (If yes, check type) Large stage covered 0 Large stage no cover 0 Small stage 0 Half small stage 0 Requesting signage yes / no Type: Event sign / Directional signs ,/ Banner hanging Indicate dates required (Waiver required if more than one (1) week prior to event) Food and beverage vendors yes./ no If yes, approximate number ,::2 Health Department approval yes no Other vendors yes /' no Tents yes /' no (If yes, tent permits and fire inspections maybe needed) Will the event include amusement rides yes V" no (If yes, type and location and copy of liability insurance required) Will the event be gated yes /" no (Show on-site map) 2 . . . Will there be fireworks or other pyrotechnics yes no / (If yes, contact Fire Marshall) Will there be cooking with compressed gas yes no / (If yes, contact Fire Marshall) Will you be providing port-a-Iets for the event yes no / (If yes, locate on-site map. If no, indicate how you will handle restroom needs) Will there be a charge for the event yes ./ no (If yes, indicate ticket prices) Is reserved parking requested yes no ~ (If yes, indicate locations) c/~~ f)/cY/tf~- Event Contractor/Coordinator Oat / Please print: L//?cph .::[(;;s e p).. Please enclose the appropriate non-refundable application fee payable to the City of Delray Beach, 100 N.W. 1st Avenue, Delray Beach, Florida 33444. For Staff Use Onl oS-- @ a)'LA.:) Date Received .3 Application fee received $ r I b./ ~/1 f J Site map ~ Budget V Certificate of insurance Hold Harmless agreement Security plan Waiver alcoholic beverage Railroad approval Coast Guard approval 501 c(3) or (d) certificate or letter Health Department approval Fire Inspector approval Police Department approval Public Works approval Parks and Recreation approval City Commission approval 3 . . CARIBBEAN AMERICAN CULTURAL FESTIV AL Estimated Budg@t n."-~j~~ . . ass Entertainment Pavilion $1,500.00 Bathroom Supply Fee $75.00 Sound $3,800.00 Insurance $1,500.00 -- -- Special Event Fencing $2,000.00 Tents $950.00 Extra Security $3,000.00 Performance $25,500.00 Advertisement $7,000.00 Estimat@d Total = $44,825.00 Estimated Income Attendance 2000 @ $5.00 $10,000.00 Sponsorship $40,000.00 Vendors $2,000.00 T-shirts & Beverage Sales $1,500.00 Estimated Total:;;;; $53,500.00 ----- ~~~ EAaT ATL""'T1C AYE>lJE - -- - -1- - - - -- - -- - --- - - - -- - -- - -- - -- - - - -, --~ 1 -- - - - 1 \ \ 1 I I I ---..... , / i " I (j ~ Ii' \ I I , I \ ' / .....--- , --- \ I I , I 1 - I ~!I )) II> -. ili j ~ - - . .. ~i ,I ~, ! I I I 1 I I EB I 1 % I - " U1 en ~ ~ I C') ." I r, ~ l~ I \~- Z I "J C:J , ------.. I lr) ,') ~L1 0 , i 0 I 1 _ __~ _ __ l'i.E_ha~6TREe:_T.__ _ __ _ __. __ _ _ __ _ __ --1 ~ ( .- --- MEMORANDUM TO: MAYOR AND CIIT COMMISSIONERS FROM: ~ CIIT MANAGER SUBJECT: AGENDA ITEM # ~F - REGULAR MEETING OF AUGUST 2. 2005 FIRST AMENDMENT TO FUNDING AGREEMENT/DELRAY YOUTH VOCATIONAL CHARTER SCHOOL DATE: JULY 29,2005 This is before Commission to approve the First Amendment to the funding agreement with Dekay Youth Vocational Charter School which provides for an award of $12,000.00 and extends the current agreement through September 30, 2005. Funding is available from 115-2126-521-83.01 (Special Projects Fund/2004 Weed and Seed/Other Grants/Aid). Recommend approval of the First Amendment to the funding agreement with Dekay Youth Vocational Charter School. S'\C,ty Clerk\agenda memos \ Weed and Seed FIrSt Amendment Fundmg Agmt Delray Youth Voc Charter School 080205 FIRST AMENDMENT TO THE AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS This FIRST AMENDMENT TO THE AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS is made and entered into as of this 2nd day of AUQust. 2005, by and between the City of Delray Beach and the Delray Youth Vocational Charter School. WHEREAS, the City of Delray Beach and the Delray Youth Vocational Charter School entered into an agreement dated March 15, 2005 (the "Contract"). WHEREAS, the parties desire to amend and modify the Contract as more particularly hereinafter set forth. NOW THEREFORE, the parties agree as follows: 1. "Allocation of Funds" is hereby amended as follows: an award of $12,000 in unspent "seeding" dollars will be granted to the Delray Youth Vocational Charter School in addition to the $16,000 approved by City Commission March 15,2005 for a full funding allotment of $28,000. These funds are to help off-set the costs of moving and expansion for the school and can be used to purchase classroom furniture, educational! instructional supplies, and! or audio visual equipment as stipulated in the original contract. 2. The contract will be extended through September 30,2005. 3. Except as modified hereby, the Contract shall remain in full force and effect. Delray Youth Voc tio CJ? /..<~Mc7C7 S- tOate czt:J~flJ ~~01 itness ate City of Delray Beach Date Attest: City Clerk Date GM200113 City Of Delray Beach Florida 7/27/05 Fiscal Year 2005 Account Balance Inquiry 12:51:23 Account number . . . : 115-2126-572.56-07 Fund . . . . . . . . : 115 SPECIAL PROJECTS FUND Department . . . . . : 21 POLICE _Division . . . . . . : 26 2004 WEED AND SEED GRANT .ctivity basic . . . : 57 CULTURE/RECREATION .sub activity . . . . : 2 PARKS AND RECREATION Element . . . . . : 56 PARKS & REC PROGRAMS Object . . . . . . . : 07 SEED-TECH COMPUTER LAB Original budget . . . . . . . . : 0 Revised budget . . . . . . . . . : 33,600 12/15/2004 Actual expenditures - current . : 1,910.00 Actual expenditures - ytd . . . : 10,803.06 Unposted expenditures . . . . . : .00 Encumbered amount . . . . . . . : .00 Unposted encumbrances . . . . . : .00 Pre-encumbrance amount . . . . . : .00 Total expenditures & encumbrances: 12,713.06 37.8% Unencumbered balance . . . . . . : 20,886.94 62.2 F5=Encwnbrances F7=project data F8=Misc inquiry FlO=Detail trans Fll=Acct activity list Fl2=Cancel F24=More keys .--~ :-- GM200113 City Of Delray Beach Florida 7/27/05 Fiscal Year 2005 Account Balance Inquiry 13:03:54 Account number . . . : 115-2126-521.83-01 Fund . . . . . . . . : 115 SPECIAL PROJECTS FUND Department . . . . . : 21 POLICE -T)ivision . . . . . . : 26 2004 WEED AND SEED GRANT .ctivity basic . . . : 52 POOL I C SAFETY Sub activity . . . . : 1 LAW ENFORCEMENT Element . . . . . . : 83 OTHER GRANTS & AID Object . . . . . . . : 01 OTHER GRANTS & AID Original budget . . . . . . . . : 0 Revised budget . . . . . . . . . : 26,862 03/12/2005 Actual expenditures - current . : 1,224.96 Actual expenditures - ytd . . . : 9,637.04 Unposted expenditures . . . . . : .00 Encumbered amount . . . . . . . : 16,000.00 Unposted encumbrances . . . . . : .00 Pre-encumbrance amount . . . . . : .00 Total expenditures & encumbrances: 26,862.00 100.0% Unencumbered balance . . . . . . : .00 0.0 F5-Encumbrances F7=project data Fa=Misc inquiry FlO-Detail trans Fll=Acct activity list Fl2=Cancel F24=More keys .-- , ,..-.. Delray Beach Weed & Seed Neighborhood Advisory Board! Steering Committee Meeting Minutes June 16,2005- DRAFT , - Auburn Trace, Community Room 625 Auburn Circle West Delray Beach Members Present: Members Absent: Evelyn Dobson Carolyn Gholston Kendra Graham Bill Sanders Millie Edwards, (deslgneefor Edith Thompson) Lamar Shuler Pame Williams Pastor Cook Gail-Lee McDermott, (also acting as designee Jerome Weatherspoon for Bunny Elrotf) Lisa Quillian Pepe Ramirez Captain Craig Hartmann Staff Present: Sharon L 'Herrou Guests Present: Uriel Neto Brian Hinners, Auburn Trace Owner Jose Feliberty, Auburn Trace Manager I. Call to order The meeting was called to order at 5:41 p.m. by Board Vice-Chair, Kendra Graham. .-- ll. Approval and/or changes to the agenda The revised agenda was approved unanimously. Ill. Approval and/or changes to the minutes of May 19, 2005 The meeting minutes of May 192005 were approved unanimously. IV. Old Business: A. Subcommittee Reports 1. Vision subcommittee: Evelyn Dobson, Chair The vision subcommittee presented their recommendations (which were included in the board packets mailed prior to the meeting). After discussion of each item. the full board was asked to vote. Results are indicated below. Finalized copies of documents are attached. a) Revision of Goals & Ob1ectives. FY '05- '06 priorities Subcommittee recommendations: Approved with the revision of the final objective which was changed to "Develop a strategy and implement a plan forreturning ex-offenders." b) Site Boundaries Subcommittee recommendation: Approved c) Fundinll orocess and eligibility Subcommittee recommendation to allocate funds via the Neighborhood Advisory Board through contracts and not release "Requests for Proposals" (RFPs): Approved d) Proposed budget - After much discussion, Evelyn Dobson made a motion to reallocate the $20,000 of mini-grant funding listed in the draft budget to existing programs. Evelyn read out the new allocations and staff recorded them 1 and repeated for the record. The motion was seconded and Approved unanimously by the board. Additional discussion ensued speculating about the community's likely - response upon hearing that mini-grants will not be available. Evelyn made a recommendation that the Met Life award of $15,000 be used to provide small grants to the same organizations typically supported by Weed & Seed, including: CLASS of Palm Beach County EPOCH The Multicultural Festival Roots The Delray Beach Basketball Boosters NW President's Alliance Delray Beach American Little League She further suggested that a review of prior awards could help determine the amounts. Board members agreed. Additional discussion occurred regarding potential liability if activities occur in private homes. The team agreed that Weed & Seed should fund activities occurring in public venues (such as Pompey Park). 2. Membership & Bylaws: Staff summary Staff summarized the recommendations of the membership subcommittee (which were included in the board packets mailed prior to the meeting). After discussion of each item, the full board was asked to vote. Results are indicated below. Finalized copies of documents are attached. a) Policy Drafts --- i. Board Membership Terms & Conditions, Policy 1 Approved with the addition of the CDC to the list of permanent representatives ii. Board member absences! vacancies, Policy 2 Approved with the phrase "without extenuating circumstances" added iii. Board membership seats, number of, Policy 3 Revised to state "13" seats and Approved IV. Selection process for new board members, Policy 4 Approved v. Votes by phone, email, Policy 5 Revised to include absentee voting policy and Approved b) Vote on Bylaws revision: elections to be held at annual meeting, date to be determined (generally September) Deferred v. Presentation of Appreciation Plaque to Auburn Trace An Appreciation plaque and thank you letter signed by the Board Chairman was presented to Brian Hinners, one of the owners of Auburn Trace. He thanked the group for the recognition and indicated how pleased Auburn Trace is to have a good relationship with the Police Department and to have Weed & Seed on-site. Property Manager, Jose Feliberty, was also recognized for his support. ---- I VI. New Business A. Budget Transfer Request: Seed Techl Parks & Recreation: Denied 2 Staff reported that the Seed Tech lab has a projected budget surplus. If spending continues at the current rate, the surplus is anticipated to be approximately $13,000 by 9/30/05. This is, in part, due to the fact that 2004 grant dollars were available and utilized through Dec. 2004 (instead of ending Sept. 30th which is the norm). This means that even - though the FY 2004-2005 was developed to cover 12 months, it only has to cover 9. Staff contacted Seed Tech management to discuss their spending plans. The Parks & Recreation Department forwarded a transfer request, which staff summarized for the board. They would like to utilize the excess Seed Tech funds to support their new Building Bridges program which is designed to provide FCA T support and tutoring to youth in Pompey Park sports programs. A staff liaison will be responsible for staying in contact with each child's school to share information. Board members commented that they were not comfortable making program decisions with little information and prefer to convene a subcommittee to review the program description in more depth before allocating any funds. Also, some board members commented that a significant portion of the Weed & Seed budget already goes to fund Parks & Recreation programs between the Safe Havens and the Seed Tech lab. Evelyn made a motion to reallocate the Seed Tech surplus, estimated to be approximately $13,000, to the Dekay Youth Vocational Charter School to offset programming expenses (which currently show a significant deficit) and costs related to their expansion and move. That motion was seconded and passed unanimously. B. Project Name Staff asked board members to consider what this project should be named. Since it will not be receiving Dept. of Justice funding after 9/30/05, the team should decide if the project should still be called "Weed & Seed." If not, what should it be named? Staff asked board members to consider over the summer and it will be brought up for further discussion and a vote at the fall meeting. ...-- C. Announcements! Other Staff made the following announcements: 1. The Dekay Beach Weed & Seed site received notice that we have received a Met Life- Community Policing Award which comes with $15,000. A special event where it will be presented needs to be planned. 2. Offender Re-Entry: Staff is collaborating with Gulfstream Goodwill on a proposal for an offender re-entry grant. If awarded, Gulfstream Goodwill would receive $600,000/ year and would focus services on the 3 Weed & Seed sites. 3. The Youth Crime Prevention Summit is scheduled for Thursday July 14,2005 4. The Police Department has worked to bring the Sheriffs Youth Ranch summer camp to Pompey Park: July 25-29, 2005 5. Weed & Seed's annual substance abuse prevention summer camp, DEFY, will be held: August 1-5,2005 6. Staff reminded the board that the 6-Month Categorical Progress Report is due to the Dept. of Justice in July. Since we won't be holding a board meeting that month, staff will complete the report and email to board members. Staff asked board members to respond providing either comments or their vote via phone/ email. D. Schedule next meeting September 15, 2005 r- VII. Comments i VIII. Adjournment The meeting was adjourned at 6:45 p.m. 3 --- -- - --~---- Date: 7/27/05 AGENDA ITEM NUMBER: <6~ .-' e . . AGENDA REOUEST Request to be placed on: X Consent Agenda _ Regular Agenda _ Workshop Agenda _ Special Agenda When: August 2. 2005 Description of agenda t~WhO, what, where, how much): roval of the followin Sharon L'Herr Weea & Seed Pro ram Mana er re uests a amendment to t existing contract (approved 3/15/05) Between the City of Delray Beach/ Weed & Seed Proiect and Delray Youth Vocational Charter School. The amendment provides for the following: 1. An award of $12.000 in unspent "seeding" dollars will be aranted to the Delray Youth Vocational Charter School. These funds are to help off-set the costs of moving and expansion for the school and can be used to purchase classroom furniture. educational! instructional supplies. and/ or audio visual eauipment as stipulated in the oriainal contract. 2. Extend contract throuah 9/30/05 ,.-. Note: This funding allocation follows Dept. of Justice/ Weed & Seed grant policies which indicate that budaet adiustments can be made within cateaories (i.e. "ConsultanV Contractual") with Board approval. This allocation was discussed and approved bY vote at the Delray Beach Weed & Seed Neiahborhood Advisorv Board meetina held 6/16/05 (meetina minutes attached), Department Head Signature: City Attorney Review /Recommenda . . pplicable): see signature on agreement Budget Director Review (required on all items ~vo~ expenditure of funds): . If; 1 ;'1/0$ ~ oIILK ar;u;t <t ,Ad Funding Available: e / No Ini s: ~ J.,OO.{ ~ Account Number: 115-2126-52183.01 . bu{Jf4v Description K. (. , ../ 1) 'J Account Balance: ..;pI '2, 0 0 D Funding Alternatives: N / A (if applicable) City Manager Review: Approved for Agenda@/ No Initials: ~~ --- Hold Until: AgendaCoor~torReview: Received: - MEMORANDUM TO: MAYOR AND CIIT COMMISSIONERS FROM: vJ1CIIT MANAGER SUBJECT: AGENDA ITEM # <:6G, - REGULAR MEETING OF AUGUST 2. 2005 RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION DATE: JULY 29, 2005 This is before the Commission to ratify the action taken by the South Central Regional Wastewater Treatment and Disposal Board at their Quarter Annual Meeting on July 26, 2005. By a vote of 6 to 0, the SCRWTD Board approved the following: . Authorization for the City of Dekay to approve an $11,500.00 Change Order with Chaz Equipment Company to increase our agreement with the City thus increasing the cost for in- plant reuse line from $415,240.00 to $426,740.00. This additional $11,500.00 cost to be split 50/50 from each city's capital fund. C405 Equipment #04411200. . Authorization to expend $4,265.80 for additional work performed by Widell, Inc. on the reclaimed water improvement project. This additional $4,265.80 cost to be split 50/50 from each city's capital fund. This finalizes all work performed by Widell on reclaimed water expansion and Contractor at Risk Projects. C605.101 Equipment #04411200. . Authorization to expend $20,000.00 for Hazen and Sawyer to prepare feasibility studies required by DEP in their letter of July 13,2005. The $20,000.00 cost would be split 50/50 from each city's capital fund. . Authorization for acceptance of 2005/2006 Wastewater and Reclaim 0 & M Budgets and Wastewater Repair and Replacement Expenditures (Sinking Fund). . Authorization to establish wastewater user rate to cities for fiscal year 2005/2006 as follows: Operations & Maintenance $0.7463/1,000 Gal Reserves SO.18OO/1.000 Gal Total $0.9263/1,000 Gal . Authorization to establish reclaim water user rate to consumers (Boynton, Dekay, and Plant) for fiscal year 2005/2006 as follows: O&M $0.25/1,000 Gal Recommend ratification of the action approved by the SCRWTD Board on July 26, 2005. s: \City Clerk \agenda memos \SCRWID Board Actton of 072605 . ;lAt,tt+ SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD 1801 North Congress Avenue . Delray Beach, Florida 33445 BOARD @ Telephone City Council Members of (561) 272-7061 (561) 734-2577 Boynton Beach & Delray Beach Fax: (561) 265-2357 www.scrwwtp.org ~€.C€.\\J€.O 1 ~ t\\\\'i ~\\\. C\\'l C\..f:.?~ MEMORANDUM TO: Ms. Carolanne Kucmerowski City of Delray Beach ~ FROM: Robert Hagel - Executive Director ;'l / Maggi Woodall - Fiscal/Systems Analyst DATE: July 26, 2005 RE: Ratifications for Signature Attached are the Ratifications from the Quarterly Annual Meeting of July 26, 2005, which require signatures. Would you, please, place these on the Agenda for your next Commission meeting? . Authorization for the City of Delray to approve an $11,500 Change Order with Chaz Equipment Company to increase our agreement with the City thus increasing the cost for in-plant reuse line from $415,240 + $11,500 to $426,740. This additional $11,500 cost to be split 50/50 from each city's capital fund. C405 Equipment # 04411200. . Authorization to expend $4,265.80 for additional work performed by Widell, Inc., on the reclaimed water improvement project. This additional $4,265.80 cost to be split 50/50 from each city's capital fund. This finalizes all work performed by Widell on reclaimed water expansion and Contractor at Risk Projects. C605.101 Equipment # 04411200. . Authorization to expend $20,000 for Hazen and Sawyer to prepare feasibility studies required by DEP in their letter of July 13, 2005. The $20,000 cost would be split 50/50 from each city's capital fund. . . . Authorization for acceptance of 2005/2006 Wastewater and Reclaim 0 & M Budgets and Wastewater Repair and Replacement Expenditures (Sinking Fund). . Authorization to establish wastewater user rate to cities for Fiscal Year 2005/2006 as follows: 2005/2006 OPERATIONS & MAINTENANCE $0.7463/1,000 GAL RESERVES $0.1800/1.000 GAL TOTAL $0.9263/1,000 GAL . Authorization to establish reclaim water user rate to consumers (Boynton, Delray and Plant) for Fiscal Year 2005/2006 as follows: 2005/2006 O&M $0.25/1,000 gal Please contact me, at 272-7061 ext. 11, or Maggie, at mwoodall@scrwwtp.org, when the Ratifications are executed. Thank you. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JULY 26, 2005 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on July 26, 2005, by a vote of 6-0, approve Authorization for the City of Delray to approve an $11,500 Change Order with Chaz Equipment Company to increase our agreement with the City thus increasing the cost for in-plant reuse line from $415,240 + $11,500 to $426,740. This additional $11,500 cost to be split 50/50 from each city's capital fund. C405 Equipment # 04411200. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Delray Beach hereby ratifies said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this _ day of , , bya vote. CITY OF DELRAY BEACH By: Mayor Attest: City Clerk Approved as to form: City Attorney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF July 26, 2005 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on July 26,2005, by a vote of 6-0, approve Authorization to expend $4,265.80 for additional work performed by Widell, Inc., on the reclaimed water improvement project. This additional $4,265.80 cost to be split 50/50 from each city's capital fund. This finalizes all work performed by Widell on reclaimed water expansion and Contractor at Risk Projects. C605.101 Equipment # 04411200. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Delray Beach hereby ratifies said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this _ day of , , bya vote. CITY OF DELRAY BEACH By: Mayor Attest: City Clerk Approved as to form: City Attorney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JULY 26, 2005 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on July 26, 2005 by a vote of 6-0, approve Authorization to expend $20,000 for Hazen and Sawyer to prepare feasibility studies required by DEP in their letter of July 13, 2005. The $20,000 cost would be split 50/50 from each city's capital fund. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Delray Beach hereby ratifies said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this _ day of , , bya vote. CITY OF DELRAY BEACH By: Mayor Attest: City Clerk ~... II'- Approved as to form: City Attorney RA TIFICA TION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JULY 26, 2005 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on July 26, 2005, by a vote of 6-0, approve Authorization for acceptance of 2005/2006 Wastewater and Reclaim 0 & M Budgets and Wastewater Repair and Replacement Expenditures (Sinking Fund). WHEREAS, said Board action requires ratification by the City of Delray Beach. NOW, THEREFORE, the City of Delray Beach hereby ratified said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this _ day of , , by a vote. CITY OF DELRA Y BEACH By: Mayor Attest: City Clerk Approved as to form: City Attorney . ; ; : 1 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT & DISPOSAL BOARD ANNUAL WASTEWATER & RECLAIM BUDGETS 2005 - 2006 F ldocsIBudgelVy200S-2006lacct delaH fyOS06 South Central Regional Wastewater Treatment & Disposal Board WASTEWATER OPERATIONS & MAINTENANCE BUDGETS 2001-2006 2001-2002 2002-2003 2003-2004 2004-2005 2004-2005 2005-2006 DESCRIPTION ACTUAL ACTUAL ACTUAL BUDGET PROJECTED BUDGET SUMMARY TOTALS PERSONNEL SERVICES $1,160,016 $1,296,000 $1,256,682 $1,441,000 $1,291,000 $1.454,000 OPERATING EXPENSES: 1,887,011 2,371,000 2,269,697 2,413,000 2,604,000 2,923,000 SERVICES 774,534 643,000 479,076 550,000 675,000 763,000 OPERATlONS/MAINTENANCE 819,636 1,187,000 1,168,611 1,242,000 1,155,000 1,325,000 CHEMICALSISUPPLlES 292,841 541 ,000 622,010 621,000 774,000 835,000 -..-.....--..--....----........ ----_...---- ...........-------.. ..---......-..------- ----..._--------.. -..---------- TOTAL PERSONNEL AND OPERATING EXPENSES 3,047,027 $3,667,000 3,526,379 3,854,000 3,895,000 4,377,000 OPERATING CONTINGENCY 50,000 50,000 0 50,000 50,000 50,000 ENGINEERING 50,416 43,481 106,860 95,000 90,000 95,000 ------------- -------------- ----..------- ..----------_.. -------..------- ----------- TOTAL BUDGET $3,147,443 $3,760,481 $3,633,239 $3,999,000 $4,035,000 $4,522,000 $ 0.7463 PERSONNEL ACCOUNT 2001-2002 2002-2003 2003-2004 2004-2005 2004-2005 2005-2006 NO. DESCRIPTION ACTUAL ACTUAL ACTUAL BUDGET PROJECTED BUDGET 1212 REGULAR WAGES $791,354 $840,355 868,428 $996,000 $890,000 $981,000 12121 SICK LEAVE REDUCTIONS 11,534 8,862 12,668 30,000 20,000 30,000 1214 OVERTIME 40,634 41,920 47,752 47,000 40,000 45,000 12151 EMPLOYEE ASSIST. PROG: 540 560 540 1,000 1,000 1,000 12152 PLANT PERFORMANCE 10,300 0 0 0 0 0 1221 SOCIAL SECURITY 67,208 70,192 75,575 87,000 75,000 90,000 1223 HEALTH INSURANCE 77,056 81,650 80,252 95,000 100,000 116,000 12231 DENTAL INSURANCE 5,956 6,169 6,961 8,000 0 0 12232 DISABILITY INSURANCE 5,536 5,278 5,318 7,000 6,000 11,000 12233 LIFE INSURANCE 1,158 1,190 1,064 2,000 1,000 2,000 12234 VISION CARE 0 0 0 0 1,000 2,000 1224 WORKERS' COMPENSATION 39,907 36,117 34,216 41,000 43,000 41,000 1225 UNEMPLOYMENT 0 143 11,039 1,000 3,000 3,000 1236 PENSION 107,900 109,704 111,700 125,000 110,000 130,000 1240 PAYROLL CONTINGENCY 933 801 1,169 1,000 1,000 2,000 -..--..------- --..-------..... _..----------- ...-...----------- ----..-------..----- ...--------- TOTAL PERSONNEL SERVICES $1,160,016 $1,202,941 $1,256,682 $1,441,000 $1,291,000 $1,454,000 F IdocslBudgetlly2OO5-2006\accl detail fy0506 Page 1 of5 -- - South Central Regional Wastewater Treatment & Disposal Board WASTEWATER OPERATIONS & MAINTENANCE BUDGETS 2001-2006 SERVICES ACCOUNT 2001-2002 2002.2003 2003-2004 2004-2005 2003-2004 2005.2006 NO. DESCRIPTION ACTUAL ACTUAL ACTUAL BUDGET PROJECTED BUDGET 3100 MEDICAL SERVICES $936 $598 $880 $2,000 $1,000 $2,000 3110 LEGAL (GENERAl & ADMIN) 29,164 33,077 23,821 29,000 25,000 27,000 3112 LEGAL (TOXICITY) 0 0 0 3,000 0 3,000 3120 SERVICES (G & A) 7,319 5,099 7,225 10,000 6,000 13,000 3200 AUDITING 19.861 22,150 19,249 22,000 23,000 22,000 3300 LAB PERMIT TESTING 40,656 41,329 44,539 50,000 46.000 53,000 3400 PRETREATMENT 0 0 0 0 0 0 3402 TOXICITY TESTING 262 0 0 0 0 0 3404 CHEMICAL ANALYSIS 0 0 0 0 0 3406 METER CALIBRATION 6,480 7,236 6,980 8,000 8,000 8,000 3410 SLUDGE HAULING 571,264 424,066 241,053 275,000 415,000 455,000 3411 GRIT HAULING 57,569 86,383 94,247 85,000 78,000 84,000 3412 TRASH HAULING 0 124 571 2,000 1,000 2,000 3500 SERVICES (0 & M) 41,023 23,522 40,511 64,000 72,000 94,000 --..---........--.. --------- ----......_---... ---.._------- ----------- ---------- TOTAL SERVICES $774,534 $643,584 $479,076 $550,000 $675,000 $763,000 F \dOCSIBudgetlly2OO5-2l1061acct delaIlly0506 Page 2 of 5 South Central Regional Wastewater Treatment & Disposal Board WASTEWATER OPERATIONS & MAINTENANCE BUDGETS 2001-2006 OPERATIONS/MAINTENANCE ACCOUNT 2001.2002 2002-2003 2003-2004 2004-2005 2004-2005 2005-2006 NO. DESCRIPTION ACTUAL ACTUAL ACTUAL BUDGET PROJECTED BUDGET 4000 VEHICLE EXPENSE $7,095 $8,698 $11,306 $11,000 $12,000 $12,000 4020 BOARD CONTINGENCY 2,856 1,805 1,390 5,000 5,000 5,000 4100 TELEP.HONE 14,706 17 ,938 19,583 24,000 21,000 24,000 4102 POSTAGE 3,902 3,827 3,594 5,000 5,000 6,000 4300 ELECTRICITY 481,965 601,767 712,669 740,000 730,000 790,000 4302 WATER 13,000 20,699 23,689 21,000 21,000 21,000 4303 IRRlPROCESS RECLAIM WATER 7,279 0 9,000 9,000 9,000 99,000 4400 EQUIPMENT RENTAL 1.463 726 0 2,000 1,000 2,000 4500 INSURANCE 184,503 253,930 231,028 240,000 200,000 220,000 4600 M & R EQUIPMENT 33,381 29,541 47,202 50,000 44,000 50,000 4620 M & R VEHICLES 6.452 7,390 4,205 8,000 4,000 8,000 4630 M & R GROUNDS 4,336 1,876 4,406 7,000 10,000 10,000 4640 M & R BUILDINGS 5,643 6,554 4,864 10,000 12,000 10,000 4650 M & R UNSPECIFIED 6,331 21,057 20,518 20,000 20,000 20,000 4900 ADVERTISING 1,987 3,912 3,517 3,000 4,000 3,000 4902 LICENSE & PERMITS 12.465 14,072 23,192 17,000 17,000 15,000 5400 MEMBERSHIP DUES & SUBSCRIP- 10,522 10,878 9,683 11,000 11,000 11,000 5410 TECHNICAL TRAINING 7,135 7,261 6,543 12,000 4,000 9,000 5420 EDUCATIONAL EXPENSES 1,963 2,741 2,792 3,000 5,000 10,000 6400 CAPITAL ASSETS 12,652 14,514 29,430 44,000 20,000 0 -..---------....- ---....-------....... _..-.._-----.._- ------------ ---.......-------.... --------- TOTAL OPERATIONS/MAINT. $819,636 $1,029,186 $1,168,611 $1.242,000 $1,155,000 $1.325,000 F IdocsIBudgetlly2005-20061acct defat fy0506 Page 30f5 ---~- South Central Regional Wastewater Treatment & Disposal Board WASTEWATER OPERATIONS & MAINTENANCE BUDGETS 2001-2006 CHEMICALS/SUPPLIES ACCOUNT 2001-2002 2002-2003 2003-2004 2004-2005 2004-2005 2005-2006 NO. DESCRIPTION ACTUAL ACTUAL ACTUAL BUDGET PROJECTED BUDGET 5100 OFFICE SUPPLIES $4,483 $4,084 $5,497 $6,000 $8,000 $8,000 5201 SAFETY SUPPLIES 3,228 3,126 4,893 5,000 10,000 6,000 5202 GENERAL OPERATING 18,137 22,119 15,734 20,000 15,000 20,000 5203 JANITORIAL SUPPLIES 1,644 2,487 2,870 3,000 3,000 3,000 5204 LABORATORY SUPPLIES 5,904 4,639 7,707 6,000 6,000 7,000 5210 CHEMICALS 242,431 550,566 557,993 544,000 698,000 755,000 5220 OIL, FUEL, LUBRICANTS 3,618 15,683 11,470 15,000 15,000 15,000 5230 CONSTRUCTION MATERIALS 2,581 1,648 2,070 3,000 3,000 3,000 5240 UNIFORMS 7,052 7,460 7,503 11,000 9,000 10,000 5250 SMALL TOOLS < $500 3,763 4,291 4,320 5,000 4,000 5,000 5251 OFFICE EQUIPMENT < $500 0 2,177 1,618 2,000 2,000 2,000 5252 LAB EQUIPMENT < $500 0 0 335 1,000 1,000 1,000 ------...-..._----- -----...------... .....------- -----..----------...- ------------ ----------- TOTAL CHEMICALS/SUPPLIES $292,841 $618,280 $622,010 $621,000 $n4,000 $835,000 OPERATING EXPENSES (SUMMARY) SERVICES $774,534 $643,584 $479,076 $550,000 $675,000 $763,000 OPERATIONS/MAINTENANCE $819,636 $1,029,186 $1,168,611 $1,242,000 $1,155,000 $1,325,000 CHEMICALS & SUPPLIES $292,841 $618,280 $622,010 $621,000 $774,000 $835,000 ---------------- ---------------.. -------..._------ ---------------- --------------...- ---------...._- TOTAL OPERATING EXPENSES $1,887,011 $2,291,050 $2,269,697 $2,413,000 $2,604,000 $2,923,000 . F \docsIBudgetlfy2005-2008\accl detail fy0506 Page 4 of 5 South Central Regional Wastewater Treatment & Disposal Board WASTEWATER OPERATIONS & MAINTENANCE BUDGETS 2001.2006 OPERATING CONTINGENCY ACCOUNT 2001.2002 2002-2003 2003-2004 2004-2005 2004-2005 2005-2006 NO. DESCRIPTION ACTUAL ACTUAL ACTUAL BUDGET PROJECTED BUDGET 4990 OPERATING CONTINGENCY $50,000 $50,000 $0 $50,000 $50,000 $50,000 .._---......------- --..--------------- ---...------ ---------....- --------------- ------------- TOTAL OPERATING $50,000 $50,000 $0 $50,000 . $50,000 $50,000 CONTINGENCY . ENGINEERING ACCOUNT 2001-2002 2002.2003 2003-2004 2004.2005 2004-2005 2005.2006 NO. DESCRIPTION ACTUAL ACTUAL ACTUAL BUDGET PROJECTED BUDGET 3150 GENERAL $48,342 $37,231 $87,115 $65,000 $90,000 $50,000 3151 FACE 0 6,250 18,750 25,000 0 40,000 3160 BIOTOXICITY 0 0 0 0 0 3162 PRETREATMENT 2,074 0 5,000 0 5,000 3163 THERMAL SCREENING 0 0 995 0 0 0 ----.......------- -..------------ ----------- ------------- --..------.....--..--- ----------- TOTAL ENGINEERING $50,416 $43,481 $106,860 $95,000 $90,000 $95,000 GRAND TOTAL BUDGET: $4,522,000 F \docsIBudgeMy2005-2OO6\acct detaft Jy0506 Page 5 of 5 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD PERSONNEL 2005-2006 ACCT. NO. ACCOUNT TITLE DESCRIPTION BUDGET 1212 REGULAR WAGES Base wages - 22 Regular Employees; 1 part-time $1,107,000 4 Administrative Reuse (126.000) 2 Lab & pretreatment Wastewater $981,000 10 Operators + Holiday reg 6 Maintenance Includes 4% average merit pay increase $126,000 for Reuse (35.00lhr est 300hr per mth) Special Parity Increase. Director of Operations 5% FiscallSytems Analyst 5% Maintenance Supervisor 10% Lab Coordinator 5% 12121 SICKNACA PAY REDUCTION Employees have the annual option to 30,000 cash out (at 50% payment) all sick days in excess of fifteen (15) accrued in sick day bank Vaca 100% up to 80 hours. 1214 OVERTIME Shift coverage as required for plant operations. Employees working over 40 hours per week (excluding sick hours) are paid at time and a half. 12141 Hurricane Watch 3,000 12142 Maintenance 4,000 12143 Shift 1 Coverage 5,000 12144 Shift 2 Coverage 4,000 12145 Shift 3 Coverage 7,000 12146 Training 2,000 12148 Holiday Coverage 16,000 12149 Lab/Pretreatment 2,000 12150 Special Projects 2,000 ---------------- 45,000 12151 EMPLOYEE ASSISTANCE Board cost: $2 25 per employee per 1,000 PROGRAM month Provides family counseling and referral services to employees and their famIlies. 12152 PLANT PERFORMANCE Award given to those employees whose pertormance 0 has contributed to overall efficiency of Plant as recommended by Executive Director and approved by the Board 1221 SOCIAL SECURITY! Employer's estimated cost: 765% 90,000 MEDICARE currently = Social Security - 6 2%; Medicare - 1,45%. 1223 BLUE CROSSI8LUE SHIELD Board cost per employee [22] is estimated @ 116,000 HEAL THIDENT AL INSURANCE $43700 monthly (@ 18% increase) 12231 DENTAL INSURANCE Included in Health as of 10/2004 0 F \docs\BudgeI\1y2005-2006laccl detalllyOSOB Page 1 of9 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD PERSONNEL (cont.) 2005-2006 ~CCT. NO. DESCRIPTION BUDGET 12232 DISABILITY INSURANCE Long term disability insurance provided 11,000 by the Board at approximately 1% of 40 hour base pay per employee. 12233 LIFE INSURANCE Board provides $10,000 life insurance. 2,000 12234 VISION CARE Employee vision plan $5 @ emp mthly 2,000 1224 WORKERS' COMPENSATION Cost per employee based on a 40 hour 41,000 base pay. Anticipate a 5% increase, 1225 UNEMPLOYMENT Paid on a reimbursable basis according 3,000 to claims received. 1236 PENSION Defined Board contribution based on 40 130,000 hours base pay for participants plus administrative fees 1240 PAYROLL CONTINGENCY Employee annual appreciation dinner 2,000 and luncheons (Le.: retirements, recognitions, and safety awards) -----..--------- TOTAL PERSONNEL $1,454,000 F IdocsIBudgetlfy2005-2D06lacct dele" fy0506 Page 2 of 9 -- SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD OPERATING EXPENSES: SERVICES; MAINTENANCE; CHEMICALS & SUPPLIES SERVICES 2004.2005 ACCT. NO. ACCOUNT TITLE DESCRIPTION BUDGET 3100 MEDICAL SERVICES Employee physicals, drug screens & immunizatIons $2,000 3110 LEGAL (ADMIN & LABOR) Attorney fees: 31101 Admin - Federspiel $25,000 31103 Pension - Richard Burke 1,000 31104 LewIs, Longman & Walker 1,000 ----...------...--- 27,000 3112 LEGAL (TOXICITY) Continuing Operational Permit Legislation 31121 Federspiel 2,000 31125 Lewis, Longman & Walker 1,000 -------..---- 3,000 3120 SERVICES: 31201 Accounting & Bookkeeping 1,000 General & Administrative 31202 Computer Consultant & Lic renewals 5,000 31206 Copier Malnt Contract 2,000 31207 Appraisal Fee 3,000 31208 Others 2,000 ..---------- 13,000 3200 AUDIT FEES 32001 Annual Audil 22,000 3300 LAB PERMIT TESTING Palm Beach County Water Utilities Laboratory 53,000 per Intergovernmentat Agreement 3406 METER CALIBRATION Calibration of transmitters, totalizers, 8,000 FLORIDA SERVICE recorders, and flowmeter pump as required 3410 SLUDGE HAULING Based on liquid hauling rate of $72.50/1,000 gals, 455,000 or $17 25 per cu yd for cake (910 loads * 500 25) 3411 GRIT HAULING 72 trips @ $650; 37 @ $900; 13 @ $300.00 per trip. 84,000 3412 TRASH AND HAULING Tipping fee for trash hauling Regular trash container 2,000 3500 SERVtCES: 35001 Centrifuge 30,000 Operations, Maintenance & 35002 Air Scrubbers Balancing 2,000 Professional 35003 Generators 13,000 35004 Lawn Maintenance 10,000 35005 Admin. Building Cleaning 6,000 35008 Other 2,000 35009 Contract Labor 1,000 35010 Wet Scrubber Maintenance 0 35011 Chlorination System Maint 30,000 ----......_------ 94,000 ...-------------- TOTAL SERVICES $763,000 ----------- ----------- F \doC9\Budgel\fy2005-2006\aec\ deIZlIlIy0506 Page 3 of 9 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD OPERATING EXPENSES: SERVICES; MAINTENANCE; CHEMICALS & SUPPLIES OPERATIONS/MAINTENANCE 2004-2005 ~CCT. NO. ACCOUNT TITLE DESCRIPTION BUDGET 4000 VEHICLE EXPENSE Mileage reimbursement @ $0. 36/mile; Fuel for company vehicles 1 approved vehicle allowance 40001 Vehicle Allow $6,000 40002 Mileage Reimbursement 1,000 40003 Fuel for Vehicles 5,000 --------------- $12,000 4020 BOARD CONTINGENCY Public relations, good will tours, floral arrangements or fruit baskets, cards for illnesses or funerals, and miscellaneous busmess expenses. 40201 Board Expense: Appreciation 1,000 40202 Board Expense: Meals and Entertainment 1,000 40204 Board Expense: Travel, Lodging 3,000 -------------- 5,000 4100 TELEPHONE EXPENSE Monthly base fees and long-distance usage 24,000 including Fax, pager, 4 cellular phones and E-mail/lnternet 4102 POST AGE U.S Mail - Rate 37 first class ($,39) 6,000 4300 ELECTRICITY KWH including surcharge for peak 790,000 usage Avg mthly 1.1 mKWH consumed + 10% increase per FPl 4302 WATER CONSUMPTION Budgeted for 1 m gallons/month 21,000 4303 IRRlPROCESS REUSE WATER Irrigation water cost 1.1 m gal/day @ $.25/1000 99,000 4400 EQUIPMENT RENTAL Cranes, various equipment, and instru- 2,000 ments as required in maintenanc~ and operations. 4500 INSURANCE EXPENSE 45001 Commercial Property 125,000 45002 Commercial Excell Property 50,000 45003 Boiler & Machinery 7,000 45004 Commercial Package 15,000 45005 Equipment Floater 7,000 45006 Petroleum & Tank Liability 1,000 45007 Pollution Liability (renew 10/01/2006) 15,000 ------------- 220,000 F \docsIBudget\ly2005-2006\acc\ detail fy0506 Page 4 of 9 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD OPERATIONS/MAINTENANCE 2004-2005 ACCT. NO. ACCOUNT TITLE DESCRIPTION BUDGET 4600 M & R EQUIPMENT Annual repair items for pumps and plant equipment. 46001 Influent Building 4,000 46002 Aerators 2,000 46003 Blower Building 3,000 46004 Scrubbers 4,000 46005 Clarifier 1,000 46006 Return Building 2,000 46007 Solids Handling Building 8,000 46008 Chlorination 1,000 46009 EQ Building 1,000 46010 Effluent Building 1,000 46011 Shop Building 1,000 46012 Office Building 4,000 46013 Dechlorination 1,000 46014 Miscellaneous (GMS) 15,000 46015 Operators Office 1,000 46016 Lime Silo 1,000 -------------- $50,000 Annual repairs for vehicles: 4620 M & R VEHICLES 46200 Company Vehicles 3,000 46201 Tractor 1,000 46203 Service Carts 2,000 46204 Boom Lift 1,000 46205 Other 1,000 ------------ 8,000 4630 M & R GROUNDS Landscaping, sprinkler systems, retention 10,000 ponds, piping, fertilizer, etc. 4640 M & R BUILDINGS Painting, Repair or replacement of doors, 10,000 screens, locks, windows, ceiling tiles, bulbs electrical, plumbing, and lighting. 4650 M & R UNSPECIFIED Funds for emergency or unidentified 20,000 equipment deficiencies that require upgrade or improvement in operation 4900 ADVERTISING Advertisement and legal ad allowance 3,000 related to plant operahon or bids and public notices. F \docs\BudgeI\1y2005-2006\accl detal1ly0506 Page 5 of 9 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD OPERA TIONSIMAINTENANCE 2004-2005 ACCT. NO. ACCOUNT TITLE DESCRIPTION BUDGET 4902 LICENSES AND PERMITS 15,000 STATE Professional & Operators license renewal 0 Operating Permit 7,500 Storage Tank 50 Risk Management 1.000 ------------...--- 8,550 PALM BEACH COUNTY Air Pollution Licenses 100 Wellfield Permit 75 Storm Water 500 Tags on Trucks 200 Wastewater 2,150 ----------------- 3,025 CITY & SPECIAL DISTRICT Solid Waste AssessmenVLake Worth Drainage 2,400 Special District Fee 175 Other 850 -----......------- 3,425 5400 MEMBERSHIP DUES AND Dues - Professional organizations 11,000 SUBSCRIPTIONS Professional Registration and licenses, joumals and subscriptions 5410 TECHNICAL TRAINING CPEs required for lic renewal per FLDEP Lab Technical, and Quality Assurance Short Schools, Personnel Seminars and technical conferences; computer classes 54101 Conferences 2,000 54102 Meals 1,000 54103 Travel & Lodging 3.000 54104 CEU courses 3,000 ------------ 9,000 5420 EDUCATIONAL EXPENSES Classes, books & fees 10,000 6400 CAPITAL ASSETS Purchase of needed Assets Required for Continuous Operation and not amoritized in Sinking Fund -------------- 0 --..------------ TOTAL OPERA TIONS/MAINT. $1,325,000 ----------- ----------- F \docsIBudgetlfy2005-2006\accl detail fy0506 Page 6 of 9 --- SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD OPERATING EXPENSES: SERVICES; MAINTENANCE; CHEMICALS & SUPPLIES CHEMICALS AND SUPPLIES 2004-2005 ACCT. NO. ACCOUNT TITLE DESCRIPTION BUDGET 5100 OFFICE SUPPLIES Copier paper, stationery, printer ink cartridges 8,000 business cards, check printing, general office supplies, & necessities. 5201 SAFETY SUPPLIES Gloves, protective glasses, face shields, 6,000 hearing protection, overboots, ear-plugs, muffs, emergency eye wash, cartridge respirators, gas cartridge, sterile storage bags for resp- irators, disinfection systems for respirators, fit test ampoules, respirator storage cabinets, disposal respirators, chemical spill absorb- ents, oil sorbent, liquid chemical neutralizers, barricade tape, hazardous materials response kit, salvage drum, diffusion detector tubes, signs, labels, tags, first aid supplies, fire extinguishers and accessories, hazardous area lights, emergency small tools, safety charts, books. 5202 GENERAL OPERATING Operating supplies, raingear, hard-hats, 20,000 SUPPLIES boots, drager tubes, gloves, hoses, firehoses, chart pens, charts, DO meters, sludge jugs, flags, coffee supplies, water cooler supplies, batteries, hurricane supplies, and other miscellaneous supplies. 5203 JANITORIAL SUPPLIES Mops, brooms, paper goods, brushes, all 3,000 necessary janitorial cleaning supplies, 5204 LABORATORY SUPPLIES Laboratory upgrades and replacements. 7,000 Reagents, glassware, replacement of equip- ment, apparatus. Lab supplies consumed by Process testing done in house 5210 CHEMICALS 52101 Polymer' 455,000 Ibs @ .90 Ib $410,000 52102 Lime Calculated 855 tons @ $123.00 105,000 per ton. 52103 Chlorine: 190 tons @ $678 05/ton. 129,000 52104 Bisulfite' 270,000 Ibs. @ $.092/lb 24,000 52105 Mlsc Chemicals 4,000 52106 Caustic 34,000 gal @$1.92 per gal 65,000 52107 Sulfuric Acid 200,000 Ibs. @ $.09Ib. 18,000 ------------- 755,000 F \docslBudgellfy2005-2006\acc\ detail fy0506 Page 7 of9 --- -------- . SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD CHEMICALS AND SUPPLIES (cant.) 2004-2005 ACCT. NO. ACCOUNT TITLE DESCRIPTION BUDGET 5220 Oil, GAS, GREASE, DIESEL AND Diesel fuel for generator, gas, 15,000 LUBRICANTS grease, oil, and lubricants for pumps and mowers, 5230 CONSTRUCTION MATERIAL Walkways, signs, fencing, rails, platforms, 3,000 small shelters, concrete, etc. Additional office and storage units. 5240 UNIFORMS Board participates 50% in uniform rental. 10,000 Provides five (5) new sets of uniforms to non-renters each year basis cost of $200 00 per employee Approved protective safety shoes: $8500 - $19000 employee per year. 5250 SMALL TOOLS AND Handtools, drills, bits, files, small toolboxes, 5,000 EQUIPMENT PURCHASE electrical equipment, and small maintenance tools < $750.00 value. 5251 OFFICE EQUIPMENT Filing cabinets, chairs, calculators, adding 2,000 machines, office mats, shelves, printers, tables < $750.00 value. 5252 LAB EQUIPMENT Small equipment <$750 00 1,000 ---------- TOTAL CHEMICALS AND $835,000 SUPPLIES --------- ----------- F \docsIBudget\fy2005-200Blaccl detail fy0506 Page 8 of 9 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD OPERATING CONTINGENCY 2004.2005 A.CCT. NO. ACCOUNT TITLE DESCRIPTION BUDGET 4990 OPERATING CONTINGENCY To be utilized as a supplement for any line $50,000 items which are exceeded during the budget year. Status of this Fund to be reported to Board. GASB & GAAP requirements. ENGINEERING 2004.2005 ACCT. NO. ACCOUNT TITLE DESCRIPTION BUDGET 3150 GENERAL 31501 General/Permit Assistance (permit renewal) 25,000 31502 Process Control 25,000 3151 FACE [FWEA] 40,000 ----------...--- $90,000 3162 PRE- TREATMENT 5,000 $5,000 --------------- TOTAL ENGINEERING $95,000 ----------- ----------- GRAND TOTAL BUDGET: $4,522,000 ----------- ----------- . F \docs\BudgeflIy2005-2006laccl detallly0506 Page 9 of 9 - ---- - Exhibit 1.1. SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD RECLAIM WATER OPERATIONS & MAINTENANCE BUDGET FN 200512006 ACCOUNT NO. DESCRIPTION 2001-2002 2002-2003 2003-2004 2004-2005 2004-2005 2005-2006 ACTUAL ACTUAL ACTUAL BUDGET PROJECTED BUDGET R 1212 REGULAR WAGES $95,000 $79,050 $ 96,000 $130,000 $110,000 $126,000 R 31101 LEGAL 5,000 2,389 3,200 5,000 3,200 4,000 R 31502 ENGINEERING 3,000 23,690 4,900 6,000 3,100 4,000 R 32001 AUDIT 4,000 4,000 2,000 4,000 4,000 4,000 R 3402 TESTING 15,000 16,628 14,800 20,000 17,000 17,000 R 3406 METER CALIBRATION 1,000 0 0 1,000 0 1,000 R 35004 SERVICES (LAWN MAlNT) 15,000 9,550 9,100 9,000 9,000 9,000 R 43000 FUEL FOR VEHICLES 0 0 0 1,000 0 1,000 R 4300 ELECTRICITY 96,000 97,544 116,000 117 ,ODD 126,000 135,000 R 45001 INSURANCE 20,000 26,861 22,409 2'5,000 21,000 25,000 R 46014 M & R EQUIPMENT 8,000 11,128 19,300 10,000 10,000 10,000 R 4640 M & R BUILDING 1,000 107 200 1,000 1,000 1,000 R 4902 LICENSES & PERMITS 0 0 0 0 0 0 R 5204 SUPPLIES LAB 1,000 0 0 1,009 0 1,000 452103 CHEMICALS CHLORINE 40,000 40,999 37,000 42,000 70,000 90,000 ------ ------------- ---....------ ...---------.... ------------------ TOTAL BUDGET: $304,000 $311,946 $ 324,909 $372,000 $374,300 $428,000 F 1docs\llOdgllNy200&2ClB1REUSE 050B Paoe 1 0/1 n.~.. ................... ...,.".. -------- SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD RECLAIM WATER OPERATIONS & MAINTENANCE BUDGET FN 2005/2006 2005-2006 ACCT. NO. ACCOUNT :nTlE DESCRIPTION BUDGET R 1212 REGULAR WAGES Reuse charged ($35.00/hr) $126,000 for work performed on system R 31101 LEGAL Atttorney fees associated with 4,000 reclaim R 31502 ENGINEERING Engineering fees associated 4,000 with reclaim R 32001 AUDIT Audit fees for reclaim 4,000 R 3402 TESTING Costs associated for lab fee 17,000 required by DEP R 3406 METER CALIBRATION Calibration of transmitters, 1,000 totalllzers, recorders as required R 35004 SERVICES Cost incurred for maintenance 9,000 of grounds associated with reclaim R 43000 FUEL FOR VEHICLES Fuel for monitoring of reclaim 1,000 R 4300 ELECTRICITY per KWH Including surcharge for 135,000 peak usage R 45001 INSURANCE Property liability package for 25,000 reclaim covered under plant policy R 46014 M & R EQUIPMENT Annual repair items for reclaim 10,000 pumps & equipment "R 4640 M & R BUILDINGS Cost Incurred for repair of reclaim 1,000 . buildings R 4902 LICENSE & PERMITS Cost for State & local reclaim 0 permits R 5204 LAB SUPPLIES Lab supplies consumed for 1,000 testing required by DEP R 52103 CHEMICALS Chlorine 133 tons @ $678 90,000 per ton ----...-...-- TOTAL BUDGET: $428,000 F :ldocslBudgenly2005-2006\REUSE 0506 Page 1 of 1 11 South Central Regional Wastewater Treatment & Disposal Board REPAIR & REPLACEMENT FUNDS 2005/2006 Interior modification Administration Building $ 150,000 Paint exterior Administration Building 10,000 Replace Tractor 35,000 Replace copier machine 10,000 Replace sampler 5,000 Replace Ford Ranger 12,000 Replace Confined Space Gas Detection 5,000 Replace Recirculating Pump Headworks Scrubber 40,000 Total $ 267,000 Page 3 of 5 F :\docs\Budget\fy2005-2006\SalientBudget0506.doc RA TIFICA TION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JULY 26, 2005 WHEREAS, the South Central Regional Wastewater Treatment and 'Disposal Board did on July 26, 2005, by a vote of 6-0, approve Authorization to establish wastewater user rate to cities for Fiscal Year 2005/2006 as follows: 2005/2006 OPERA TIONS & MAINTENANCE $0.7463/1,000 GAL RESERVES $0.1800/1.000 GAL TOTAL $0.9263/1,000 GAL WHEREAS, said Board action requires ratification by the City of Delray Beach. NOW, THEREFORE, the City of Delray Beach hereby ratified said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this _ day of , ,by a vote. CITY OF DELRA Y BEACH By: Mayor Attest: City Clerk Approved as to form: City Attorney South Central Regional Wastewater Treatment & Disposal Board WASTEWATER OPERATIONS, MAINTENANCE & RESERVES FUND USER RATE & PROJECTED REVENUES FN 2005/2006 RATE O&M Budaet $4,522,000 0.7463/1,000/gal O&M 0.1800/1.000/oal Reserves 0.9263/1.000/aal Total OPERATIONS & MAINTENANCE PROJECTED FLOW RATE INCOME MINIMUM 16.6 mgd $0.7463/1,000 GALS. $4,521,832 AVERAGE 17.5 mgd $0.7463/1,000 GALS. $4,766,991 MAXIMUM 18.4 mgd $0.7463/1,000 GALS. $5,012,151 RESERVES FOR REPAIRS & REPLACEMENT PROJECTED FLOW RATE INCOME MINIMUM 16.6 mgd $0.18/1,000 GALS. $1,090,620 AVERAGE 17.5 mgd $0.18/1,000 GALS. $1,149,750 MAXIMUM 18.4 mgd $0.18/1.000 GALS. $1,208,880 F:\docs\Budgel\fy2005-2006\rales 0506 Page 1 of 1 RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JULY 26, 2005 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on July 26, 2005, by a vote of 6-0, approve Authorization to establish reclaim water user rate to consumers (Boynton, Delray and Plant) for Fiscal Year 2005/2006 as follows: 2005/2006 O&M 0.25/1,000 gal WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Delray Beach hereby ratifies said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this _ day of , , bya vote. CITY OF DELRAY BEACH By: Mayor Attest: City Clerk Approved as to form: City Attorney South Central Regional Wastewater Treatment and Disposal Board RECLAIM USER RATE OPERATION & MAINTENANCE FN 2005/2006 City of Boynton Beach (1.1 billion gal/year) 3 year average City of Delray Beach (191 million gal/year) No History (by permit) SCRWWTP (396 million gal/year) average Total = (1.687 billion gal/year) Projected budget O&M = $428,000 Rate Reclaim user rate based on projected flows = $ 0.2537 0.25/1,000 GAL $428,000/1,687,000,000 gal User Flows RATE Revenue City of Boynton Beach 1.1 billion gal/year 0.25/1000 gal 275,000 City of Delray Beach 191 million gal/year 0.25/1000 gal 47,750 SCRWWTP 396 million gal/year 0.25/1000 gal 99,000 $ 421,750 F:\docs\Budget\fy2005-2006\rales 0506 Page 1 of 1 ----~ MEMORANDUM To: City Commission From: {JIJ David T. Harden, City Manager Subject: Resolution # 53-05 Date: July 29, 2005 Resolution #53-05 authorizes the reimbursement of original expenditures with proceeds of lease purchase financing of 133 laptops totalling $487,977. Tax law requires a reimbursement resolution for expenses that will be reimbursed by borrowed proceeds after 60 days or more. The closing on the lease purchase agreement will be 60 days past the payment to ProSys for the equipment requiring the passing of the attached resolution. I recommend approval of Resolution# 53-05. 53\\ ~~ MEMORANDUM To: David T. Harden, City Manager r From~ R.S. O'Connor, Treasurer ~vf Thru.. - Joseph M. Safford, Director of Finance Subject: Resolution # 53~05 Date: July 29, 2005 Resolution #53-05 authorizes the reimbursement of original expenditures with proceeds of lease purchase financing of 133 laptops totalling $487,977. Tax law requires a reimbursement resolution for expenses that will be reimbursed by borrowed proceeds after 60 days or more. The closing on the lease purchase agreement will be 60 days past the payment to ProSys for the equipment requiring the passing of the attached resolution. I recommend approval of Resolution# 53-05. RESOLUTION No. 53-05 DECLARATION OF OFFICIAL INTENT WITH RESPECT TO REIMBURSEMENT OF TEMPORARY ADVANCES MADE FOR CAPITAL EXPENDITURES TO BE MADE FROM SUBSEQUENT BORROWINGS WHEREAS, Treasury Regulation ~ 1.150-2 (the "Reimbursement Regulations"), issued pursuant to Section 150 of the Internal Revenue Code of 1986, as amended, (the "Code") prescribes certain requirements by which proceeds of tax-exempt bonds, notes, certificates or other obligations included in the meaning of "bonds" under Section 150 of the Code ("Obligations") used to reimburse advances made for Capital Expenditures (as hereinafter defined) paid before the issuance of such Obligations may be deemed "spent" for purposes of Sections 103 and 141 to 150 of the Code and therefore, not further subject to any other requirements or restrictions under those sections of the Code; and WHEREAS, such Reimbursement Regulations require that an Issuer (as hereinafter defined) make a Declaration of Official Intent (as hereinafter defined) to reimburse any Capital Expenditure paid prior to the issuance of the Obligations intended to fund such Capital Expenditure and require that such Declaration of Official Intent be made no later than sixty (60) days after payment of the Capital Expenditure and further require that any Reimbursement Allocation (as hereinafter defined) of the proceeds of such Obligations to reimburse such Capital Expenditures occur no later than eighteen (18) months after the later of the date the Capital Expenditure was paid or the date the property acquired with the Capital Expenditure was placed in service, except that any such Reimbursement Allocation must be made no later than three years after such Capital Expenditure was paid; and WHEREAS, the CITY OF DELRAY BEACH (the "Issuer") wishes to ensure compliance with the Reimbursement Regulations; NOW, THEREFORE, be it resolved by the Commission of the Issuer that: Section 1. Definitions. The following definitions apply to the terms used herein: "Allocation" means written evidence that proceeds of Obligations issued subsequent to the payment of a Capital Expenditure are to reimburse the Issuer for such payments. "To allocate" means to make such an allocation. "Capital Expenditure" means any expense for an item that is properly depreciable or amortizable or is otherwise treated as a capital expenditure for purposes of the Code, as well as any costs of issuing Reimbursement Bonds. "Declaration of Official Intent" means a written declaration that the Issuer intends to fund Capital Expenditures with an issue of Reimbursement Bonds and reasonably expects to be reimbursed from the proceeds of such an issue. "Issuer" means either a governmental unit that is reasonably expected to issue Obligations, or any governmental entity or 501 (c)(3) organization that is reasonably expected to borrow funds from the actual issuer of the Obligations. "Reimbursement" means the restoration to the Issuer of money temporarily advanced from other funds, including moneys borrowed from other sources, of the Issuer to pay for Capital Expenditures before the issuance of Obligations intended to fund such Capital Expenditures. "To reimburse" means to make such a restoration. "Reimbursement Bonds" means Obligations that are issued to reimburse the Issuer for Capital Expenditures, and for certain other expenses permitted by the Reimbursement Regulations, previously paid by or for the Issuer. "Reimbursement Regulations" means Treasury Regulation ~ 150-2 and any amendments thereto or superseding regulations, whether in proposed, temporary or final form, as applicable, prescribing conditions under which the proceeds of Obligations may be allocated to reimburse the Issuer for Capital Expenditures and certain other expenses paid prior to the issuance of the Obligations such that the proceeds of such Obligations will be treated as "spent" for purposes of Sections 103 and 141 to 150 of the Code. Section 2. Declaration of OffIcial Intent. (a) The Issuer declares that it reasonably expects that the Capital Expenditures described in Section (b), which were paid no earlier than sixty (60) days prior to the date hereof, or which will be paid prior to the issuance of any Obligations intended to fund such Capital Expenditures, will be reimbursed with the proceeds of Obligations, representing a borrowing by the Issuer in the maximum principal amount, for such Reimbursements, of $487,977; and (b) The Capital Expenditures to be reimbursed are to be used for: 133 LAPTOPS Section 3. Reasonable Expectations. The Issuer does not expect any other funds (including the money advanced to make the Capital Expenditures that are to be reimbursed), to be reserved, allocated on a long-term basis, or otherwise set aside by the Issuer or any other entity, with respect to the Capital Expenditures for the purposes described in Section 2(b). Section 4. Open Meeting. It is found and determined that all formal actions of this Commission of the Issuer concerning and relating to the adoption of this resolution were adopted in an open meeting of this Commission of the Issuer; and that all deliberations of this Commission of the Issuer and of any of its committees that resulted in such formal action, were in meetings open to the public, in compliance with the law. The undersigned has been authorized by Commission of the Issuer to sign this resolution on behalf of the Commission of the Issuer. Passed and adopted in regular session on this 2nd day of August, 2005. CITY OF DELRAY BEACH By: Mayor Attested by: City Clerk 2 AGENDA ITEM NUMBER: a -t\ AGENDA REQUEST Date: 7/27/05 Request to be placed on: ---L. Consent Agenda Special Agenda Workshop Agenda When: 8/2/05 Description of agenda item: Approve Resolution# 53-05 authorizing the reimbursement of original expenditures with proceeds of lease purchase financing of 133 laptops totalling $487,977 . ORDINANCE/RESOLUTION REQUIRED: X YES NO Draft of Resolution Attached: X YES NO Recommendation: Recommend the approval of Resolution# 53-05. Department Head Signature: G' ~~ . , Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: ~ ~ Yes lVt (JIr :;s No Funding alternatives (if applicable): Account Number: n/a Account Description: Account Balance: City Manager Review: Approved for Agenda: GJ ~t:J~ No Hold Until: Agenda Coordinator Review: Received: Action: Approved: Disapproved: P.O. # MEMORANDUM To: City Commission From: ~Vid T. Harden, City Manager Subject: Proposed $487,977 Master Lease Purchase Date: July 29, 2005 Staff received bids on July 20, 2005 for the lease purchase financing of 133 laptops at the Police department. Staff recommended Fifth Third Leasing. Fifth Third Leasing Company will provide a lease purchase financing at a rate of 3.37% for a thirty six (36) month term. I concur with their recommendation. ~I --- ~ MEMORANDUM To: David T. Harden, City Manager From: Rebecca S. O'Connor, Treasurer Thru: Joseph M. saffor~ctor of Finance Subject: Proposed Lease Agreement - Laptops Date: July 25, 2005 Backaround On July 20, 2005, the City Finance Department received bids for the above referenced financing ("Lease Agreement"). The Lease Agreement will provide funding the cost of the acquisition of 133 lap tops to be used by the Police Department ($487,977). Term We asked that the banks make their bids based on a 3-year fixed rate term. Bid ResDonses The City received responses from Sank of America thru the League of Cities, Fifth Third Sank, SunTrust Leasing and Wachovia. Please see the table below: Bank Rate Interest Cost Misc. Cost Total Cost Sank of America 4.18% $30,278 $488 $30,766 Fifth Third Sank 3.37% 24,328 0 24,328 SunTrust Leasing 3.38% 33,651 0 33,651 Wachovia 4.38% 31,754 0 31,754 Recommendation We recommend approving Resolution #54-05 authorizing the master lease purchase agreement with Fifth Third Leasing Company, the lowest bidder, as well as authorizing the execution of other such documents that may be necessary to execute the agreement. The lease will be at a rate of 3.37% for a 36 month term. File: rfp/commission/laptops pd RESOLUTION NO. 54-05 RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF A MASTER LEASE AGREEMENT, EQUIPMENT SCHEDULE NO. 01 AND RELATED INSTRUMENTS, AND DETERMINING OTHER MATTERS IN CONNECTION THEREWITH. WHEREAS, at a duly called meeting of the governing body of Lessee held in accordance with all applicable legal requirements, including open meeting laws; and WHEREAS, the governing body of City of Delray Beach, FL ("Lessee") desires to obtain certain equipment (the "equipmenf') described in Equipment Schedule No. 01 to the Master Lease Agreement (collectively, the "Lease") with The Fifth Third Leasing Company, the form of which has been available for review by the governing body of Lessee prior to this meeting; and WHEREAS, the Equipment is essential for the Lessee to perform its governmental functions; and WHEREAS, the funds made available under the Lease will be applied to the acquisition of the Equipment in accordance with such Lease; and WHEREAS, Lessee has taken the necessary steps, including those relating to any applicable legal bidding requirements, to arrange for the acquisition of the Equipment; and WHEREAS, Lessee proposes to enter into the Lease with The Fifth Third Leasing Company substantially in the form presented to this meeting; and NOW, THEREFORE, be it resolved by the Commission of the City of Delray Beach, Florida, as follows: SECTION 1. It is hereby found and determined that the terms of the Lease in the form presented to this meeting and incorporated in this resolution are in the best interests of Lessee for the acquisition of the Equipment. SECTION 2. The Lease and the acquisition and financing of the Equipment under the terms and conditions as described in the Lease are hereby approved. The Mayor of Lessee and any other officer of Lessee who shall have power to execute contracts on behalf of Lessee be, and each of them hereby is, authorized to execute, acknowledge and deliver the Lease with any changes, insertions and omissions therein as may be approved by the officers who execute the Lease, such approval to be conclusively evidenced by such execution and delivery of the Lease. The Mayor of the Lessee and any other officer of Lessee who shall have power to do so be, and each of them hereby is, authorized to affix the official seal of Lessee to the Lease and attest the same. SECTION 3. Pursuant to Section 265(b) of the Internal Revenue Code of 1986 , as amended (the "Code"), Lessee hereby specifically designates the Lease as a "qualified tax- exempt obligation" for purposes of Section 265(b)(3) of the Code. SECTION 4. The undersigned further certifies that the above resolution has not been repealed or amended and remains in full force and effect and further certifies that the Lease executed on behalf of Lessee is the same as presented at such meeting of the governing body of Lessee, excepting only such changes, insertions and omissions as shall have been approved by the officers who executed the same. PASSED and ADOPTED in regular session on this 2nd day of August, 2005. CITY OF DELRAY BEACH Lessee BY: Mayor ATTESTED BY: City Clerk Res. No. 54-05 --- - --------- - - -- ~~--~-- flJ Fifth Third Bank MASTER LEASE-PURCHASE AGREEMENT This Master Lease-Purchase Agreement is made this 9 day of August 2005 by and between THE FIFTH THIRD LEASING COMPANY (hereinafter called together with its successors and assigns, if any, "Lessor"), an Ohio corporation with offices at 38 Fountain Square Plaza, Cincinnati, Ohio 45263, and CITY OF DELRAY BEACH, FLORIDA ("Lessee"), with its principal address at 100 N. W. 1st Avenue, Delray Beach, Palm Beach County, FlOrida 33444, a city and a political subdivision of the State of Florida, organized and existing under and by virtue of the laws and Constitution of the State of Florida. RECITALS WHEREAS, Lessee is authorized by law to acquire equipment and other items of personal property and to finance such equipment and/or personal property by entering into lease-purchase agreements; WHEREAS, Lessee has determined that it is necessary for it to acquire under this Agreement certain items of personal property described herein as Equipment; and WHEREAS, Lessor is willing to acquire such items of Equipment and to lease and sell them to Lessee pursuant to this Agreement; NOW, THEREFORE, in the joint and mutual exercise of their powers, and in consideration of the mutual covenants herein contained, the parties hereto agree as follows: 1. Certain Defined Terms and References. (a) In addition to the terms defined elsewhere in this Agreement, the following terms have the meanings given below unless the context clearly requires otherwise: "Acquisition Fund" means the Acquisition Fund established pursuant to Section 4 of thiS Agreement. "Additional Rent" means the payments required to be made pursuant to Section 7 in addition to the Base Rent. "Agreement" means this Master Lease-Purchase Agreement as the same may be amended or supplemented from time to time, and all other documents and certificates required to be executed in connection herewith. "Applicable Rate of Interest" means such rate as shall be determined from each Individual Payment Schedule. "Authorized Officer" means: (i) With respect to Lessee, any officer of Lessee who is designated in writing by Lessee as an AuthOrized Officer for the purposes of thiS Agreement; THIS INSTRUMENT IS INTENDED BY THE PARTIES TO CONSTITUTE A SECURITY AGREEMENT UNDER THE FLORIDA UNIFORM COMMERCIAL CODE. @2003 Fifth Third Bancorp (ii) With respect to Lessor, any officer of Lessor who IS designated in writing as an Authorized Officer for purposes of this Agreement, or (Iii) With respect to any successor to Lessor as the Lessor, means the officer of the successor who is designated in writing by the successor's governing body as an Authorized Officer for purposes of this Agreement. "Base Rent" means the payments, including the principal and interest components thereof, specified in the Individual Payment Schedules attached hereto. "Bond Fund" means, to the extent an Escrow Agreement is applicable to a particular Lease, the Bond Fund established pursuant to Section 2 of the Escrow Agreement "Certificate of Acceptance" means a certificate evidencing Lessee's inspection and acceptance of the Equipment described on an Individual Payment Schedule, in form and substance satisfactory to Lessor. "Commencement Date" means the date when the term of the Individual Payment Schedule begins and Lessee's obligation to make Lease-Purchase Payments accrues, as evidenced by payment by Lessor to the Vendor of the purchase price (or pertinent portion thereof) for the applicable Equipment. "Contractor" means each of the manufacturers or vendors from whom Lessee has ordered or will order or with whom Lessee has contracted or will contract for the manufacture, delivery or installation of the Equipment. "Environmental Law" means any federal, state, local or foreign statute, law, ordinance, rule, regulation, code, order, writ, judgment, decree or judicial or agency interpretation relating to pollution or protection of the environment, health, safety or natural resources, including those relating to the use, handling, treatment, storage, disposal or release of any substance designated, classified or regulated as hazardous or toxic material, including petroleum and petroleum by-products, asbestos-containing materials, PCBs, radioactive materials and radon gas "Escrow Agenf means the Escrow Agent acting under and pursuant to the Escrow Agreement, if applicable. "Escrow Agreement" means, to the extent required by an Individual Payment Schedule, an Escrow Agreement by and between the Escrow Agent and Lessee, as the same may be amended and supplemented from time to time. "Equipment" means the personal property described in the Individual Payment Schedules, which is being leased and purchased by Lessee pursuant to this Agreement The property so listed shall be, collectively, the "Equipment" and individually, a "Unit of Equipment" "Equipment Location" means the location or locations within Lessee's jUrisdiction where the Equipment is installed, used or maintained by Lessee. "Event of Loss" means with respect to any Unit of Equipment if such Unit of Equipment or any material part thereof has been lost, stolen, requisitioned or condemned by any governmental authority, damaged beyond repair or damaged In such a manner that results in an insurance settlement on the basis of an actual or arranged total loss. "Final Renewal Period" or "Final Period" means the last period during which a Lease will be renewed, commencing on the first day of the Fiscal Period of Lessee specified In the applicable Individual Payment Schedule with respect to each Unit of Equipment and ending on the date specified in such Individual Payment Schedule as the last payment date. - 2- @2003 Fifth Third Bancorp "Fiscal Period" means the applicable fiscal year of Lessee. "Implicit Rate of Interest" means the rate used to determine the interest portion of the Lease-Purchase Payments, as set forth in the Individual Payment Schedules "Independent Counsel" means any attorney or attorneys duly admitted to practice law before the highest court of any state and not an officer or full time employee of Lessor or Lessee and who IS not reasonably objected to by Lessee. "Individual Payment Schedules" means the schedules which identify specific Units of Equipment, the Commencement Date of the individual leases and terms thereof (which are treated as separate lease obligations) which may become a part of this Agreement from time to time. "Initial Fiscal Period" or "Initial Period" means such period as shall be indicated by the Commencement Date set forth in each Individual Payment Schedule for the Equipment, which shall terminate the last day of Lessee's then current Fiscal Period. The term of the Leases will be renewed in the manner described in Section 6 hereof at the end of the Initial Period or any Renewal Period for one (1) addItional year, upon Lessee's budgeting of sufficient funds for the making of Lease-Purchase Payments for the next occurring Renewal Period with respect to the Equipment or specific UnIts of Equipment, as provided in Section 10 of the Agreement. "Lease-Purchase Payment Account" means the account established by Lessor for receipt and deposit of the Lease-Purchase Payments of Lessee under the Agreement and for deposit of any insurance proceeds not used for repair or replacement of Equipment, as provided in Section 19 of this Agreement. "Lease-Purchase Payments" means the sum of the Base Rent and any Additional Rent due at or during a stated time. "Lease Tenn" means, collectively, the Initial Period and thereafter, each Renewal Period provided for in the Agreement. "Lease" or "Leases" means an individual lease or leases of the Units of Equipment, as specified in the Individual Payment Schedules and the other documents, agreements and instruments executed in connection therewith, entered into as a part of and pursuant to the Agreement. "Lessee" means as referenced above, a political subdivision of the State. "Lessor" means as referenced above, or its successors or assigns. "Maximum Fiscal Periods" means the total number of Fiscal Periods of Lessee during which the Leases may be renewed from and including the first Fiscal Period to and including the final Fiscal Period. "Payment Date" means each date of payment during the Lease Term designated as a Payment Date in the Individual Payment Schedules, commencing as of the Commencement Date. "Purchase Price" means, as of any Purchase Price Date, the amount set forth In the Individual Payment Schedules which Lessee may pay to purchase the Equipment or speCific Units of Equipment. "Purchase Price Date" means any Payment Date referred to in the Individual Payment Schedules, on which Lessee may purchase the Equipment or specific Units of Equipment by payment of the applicable Purchase Price after payment of the Lease-Purchase Payment due on such date. "Renewal Period" means any Fiscal Period subsequent to the Initial Period of an individual Lease during which such Lease is renewed. -3- el2003 Fifth Third Bancorp "State" means the State or Commonwealth where Lessee is located. "Taxable Rate of Interest" means a rate of interest equal to the Tax Equivalent Yield "Tax Equivalent Yield" means the Implicit Rate of Interest divided by the remainder resulting from subtracting the current maximum federal corporate income tax rate from one. "Vendor" means the manufacturer of the Equipment as well as the agents or dealers of the manufacturer from whom Lessor purchased or will purchase the Equipment. (b) References to sections, exhibits or attachments, unless otherwise indicated, are to sections of or exhibits or attachments to this Agreement. 2. Assianment of Warranties. Lessor hereby assigns to Lessee during the Lease Term, all warranties, if any, express or implied with respect to the Equipment. This assignment includes an authorization to Lessee to obtain the customary services furnished in connection with those warranties, at Lessee's expense. 3. Lease of Equipment. Lessor hereby agrees to demise, lease and let to Lessee, and Lessee hereby agrees to rent, lease and hire from Lessor, the Equipment in accordance with the provisions of this Agreement, to have and to hold for the Lease Term. Upon and during acquisition of the Equipment, all leasehold rights granted to Lessee by Lessor under this Agreement shall vest in Lessee, Without any further action on the part of Lessor. Each Lease of each Unit of Equipment shall be evidenced by an Individual Payment Schedule executed by Lessor and Lessee describing specific personal property, and setting forth provisions relating to the rent, term of the Lease, and other details relating to such Equipment. The Lease for each Unit of Equipment shall become effective on the Commencement Date, and the Individual Payment Schedule for such Equipment shall specify such date as the effective date of the Lease. 4. Disbursements. Subject to the terms and conditions hereof, Lessor and Lessee agree to disburse funds directly to the Vendor of Equipment or, to the extent an Escrow Agreement is applicable to any Individual Payment Schedule, establish an AcquiSition Fund for the purposes hereinafter described for each Individual Payment Schedule through such Escrow Agreement. Lessor is authorized to disburse such funds directly to the applicable party or from the AcquiSition Fund, in accordance with the provisions of the Escrow Agreement, as applicable, in each case for payment of, or reimbursement to Lessor or Lessee for payment of, the following: (a) Expenses incurred in connection with the authorization, Issuance and delivery of this Agreement and the preparation and delivery of all agreements, instruments and documents related thereto, including, but not limited to, all financial, legal, administrative, accounting and printing fees, expenses and charges and all recording, filing or insurance, and any other fees, expenses or charges relating to the Equipment or this Agreement; (b) Any other costs, expenses, fees and charges properly chargeable to the cost of acquisitIon and installation of the Equipment; and (c) Any other costs relating to the Equipment for which payment may be made under the terms of this Agreement. Any such disbursements in respect of the purchase price of the Equipment or related costs from the Acquisition Fund or otherwise for the payment of costs shall be made upon acceptance of the Equipment pursuant to Section 5 hereof. -4 - @2003 Fifth Third Bancorp Reimbursements to Lessee for amounts paid on the Equipment (by virtue of a down payment or payment for the Equipment) from the amounts provided for by this Agreement must be in accordance with U.S. Treas. Reg. ~ 1 150-2. 5. Acceptance of Eauipment. Upon the acquisition and installation of each Unit of Equipment, Lessee shall acknowledge and certify in writing its acceptance of such Equipment by signing a Certificate of Acceptance. 6. Lease Term. The term of each Lease will be for the Initial Period and will be renewable upon budgeting by Lessee of sufficient funds to pay Base Rent and Additional Rent on the first day of each succeeding Fiscal Period for the Maximum Fiscal Periods indicated on the Individual Payment Schedules, unless Lessee exercises its Purchase Option (as specified in Section 20 hereof) prior to the end of the Final Renewal Period. The Lease will terminate upon payment of the final Lease-Purchase Payment indicated on the applicable Individual Payment Schedule (plus any Additional Rent payable under the terms of this Agreement), or on a sooner Purchase Price Date. This paragraph shall not be considered a general obligation of the City and the taxing power of the Lessee is not pledging In any way. 7. Rent. (a) Lessee agrees to pay to Lessor during the Lease Term of each Lease the Lease-Purchase Payments set forth in the Individual Payment Schedules on the dates and in the amounts set forth therein, Including the interest components thereof, equal to the amounts provided below In this Section. The Lease-Purchase Payments dUring the Lease Term Will be absolute and unconditional in all events and will not be subject to any set-off, defense, counterclaim or recoupment for any reason whatsoever. (b) Lessee agrees to pay as Base Rent directly to Lessor the following amounts: (i) Lessee agrees to pay the Lease-Purchase Payments specified in each Individual Payment Schedule. Each payment shall be applied first to payment of the interest component of the respective Lease-Purchase Payment. (ii) To the extent permitted by law, if any Lease-Purchase Payment shall not have been received by Lessor ten (10) days after the Payment Date, Lessee agrees to pay a late payment fee equal to 1 Y2% of the due and owing Lease-Purchase Payment. (c) Lessee agrees to pay to Lessor the following amounts as Additional Rent: (i) Lessee represents that no charges or taxes (local, state or federal) are currently imposed on the ownership, leasing, rental, sale, purchase, possession or use of the Equipment, exclusive of taxes on or measured by Lessor's income, and acknowledges that no provision has been made for the inclusion of any such charges or taxes in the Base Rent. If during the Lease Term, the ownership, leasing, rental, sale, purchase, possession or use of the Equipment shall result In the imposition on Lessor of any charges or taxes (local, state or federal), exclusive of taxes on or measured by Lessor's income, Lessee shall promptly pay to Lessor, upon receipt from Lessor of a statement therefor, as Additional Rent an amount equal to those charges and taxes imposed on Lessor. (ii) Upon an Event of Default, Lessee will pay to Lessor as Additional Rent all reasonable costs and expenses incurred or to be paid by Lessor under the Agreement, which were not part of the original cost of the Equipment - 5 - @2003 Fifth Third Bancorp (iii) Lessee will pay to Lessor as Additional Rent all supplemental payments required by Section 8(d) below in the amount necessary to preserve the Tax Equivalent Yield to Lessor under the terms of the Agreement, in the manner provided therein. (d) If Lessee does not make payment of all or any part of the Additional Rent, Lessor shall have the right, but shall not be obligated, to payor advance the amount of such Additional Rent. If Lessor pays any portion of such Additional Rent, Lessee shall pay Lessor no later than the first Payment Date in the next succeeding Fiscal Period during which the Lease Term is in effect an amount equal to the sum of such Additional Rent and the costs incurred by Lessor in making such payment or advance, including the amount Lessor would have earned from investment of the amount paid or advanced before repayment thereof as determined by the prime rate of Fifth Third Bank as announced from time to time, plus 1%%. Lessor shall notify Lessee in writing of the costs incurred in any case of its paying or advancing such Additional Rent. If Lessor pays or advances such Additional Rent, and is repaid as provided for in this paragraph, then such initial failure to pay shall be deemed to be cured and shall not be deemed to be an Event of Default under Section 22 of this Agreement. (e) Lease-Purchase Payments shall be payable at the principal commercial leasing office of Lessor or at such other place as Lessor may from time to time designate in writing 8. Actions Relatlna to Tax Exemption of Interest Components. (a) Lessor and Lessee each covenant that it will restrict the use of moneys realized under this Agreement or otherwise in connection with the acquiSition and financing of the Equipment in such manner and to such extent, if any, as may be necessary, after taking into account reasonable expectations at the time of entering into this Agreement, so that there will not exist at any time any obligation in connection with this Agreement or the Equipment that constitutes an obligation the interest on which is includible In gross income for federal Income tax purposes or an "arbitrage bond" under Section 148 of the Internal Revenue Code of 1986, as amended (the "Code"), and the regulations prescribed under that Section and any subsequent amendments or modifications thereto. Any officer of Lessor or Lessee having responsibility with respect to the execution and delivery of this Agreement shall, alone or in conjunction with any other officer, employee or agent of or consultant to Lessor or Lessee, give an appropriate certificate of Lessor or Lessee (in form and substance satisfactory to Lessor or Lessee, as applicable) pursuant to Sections 103 and 148 of the Code and those regulations, setting forth the reasonable expectations of Lessor or Lessee on the date of entering into each IndiVidual Payment Schedule of thiS Agreement, regarding each Lease and the use of those moneys, which such certificate shall bind the Lessee With respect to the covenants and undertakings contained therein. (b) Lessee represents and covenants that it will not use the Equipment, or permit the Equipment to be used, in such a manner as would result in the loss of the exclUSion from gross income for federal income tax purposes of the component of the Lease-Purchase Payments designated as interest on the Individual Payment Schedules afforded under Section 103(a) of the Code, (c) Lessor and Lessee each covenant to take all action required to maintain exclusion from gross income for federal income tax purposes afforded under Section 103(a) of the Code, of the Lease-Purchase Payments designated as the interest component on the IndiVidual Payment Schedules attached hereto. (d) (i) If at any time the yield to Lessor as to any Lease is decreased by any change in the limitation in the deductibility of the interest paid on debt incurred by Lessor to carry tax exempt obligations from that which is presently incurred by Lessor, or if there shall occur any other change in law which lowers the Tax Equivalent Yield to Lessor, then Lessee shall make a supplemental payment to Lessor annually, on written demand by Lessor, in an amount which is equal to the amount necessary on an after-tax baSIS to preserve the same Tax EqUivalent Yield. (ii) If for any reason the interest portion of the Lease-Purchase Payments of any Lease is determined not to be excludable from gross income for federal income tax purposes, the Implicit Rate of Interest will increase to a rate equal to a Taxable Rate of Interest. In addition, Lessee Will pay an amount equal to the difference between the portion of the - 6- ~2003 Fifth Third Bancorp --- -- --- Lease-Purchase Payments which constituted interest with respect to such Lease which were actually paid and the interest which would have been paid if the Implicit Rate of Interest had been a Taxable Rate of Interest from the Commencement Date or, if later, the effective date from which the interest component IS determined to be taxable, plus any penalties, interest, assessments and additions to tax payable by Lessor as a result of the loss of the tax exempt status of interest on the Lease. 9. Authority and Authorization. Lessee represents, covenants and warrants, and will deliver to Lessor not later than the Commencement Date an opinion of its counsel to the effect that: (i) Lessee is a political subdivision of the State, duly organized and validly existing under and by virtue of the laws of the State; (ii) the execution, delivery and performance by Lessee of this Agreement have been duly authorized by all necessary action on the part of Lessee; and (iii) this Agreement constitutes a legal, valid and binding obligation of Lessee enforceable in accordance with its terms. Lessee agrees and warrants that: (i) it will do or cause to be done all things necessary to preserve and keep this Agreement, including each Individual Payment Schedule hereunder, in full force and effect; (ii) It has complied with all requirements applicable to it, and has taken all steps for approval and adoption of this Agreement as a valid obligation on its part; and (iii) sufficient funds are appropriated to pay all amounts due under this Agreement for the Initial Period. 10. Title: Termination: Nonapproprlation. (a) Lessee will obtain title to the Equipment during the Lease Term, subject to Lessor's rights under this Agreement. Lessor and Lessee agree that this Agreement or any other appropriate documents may be filed or recorded to evidence the parties' respective interests in the Equipment and the Agreement. (b) The Equipment shall become the property of Lessee and Lessor's interest therein shall pass to Lessee without cost upon (i) Lessee's exercise of the Purchase Option granted in Section 20 hereof, or (Ii) the complete payment and performance by Lessee of all of ItS obligations during the Lease Term; provided, however, that title shall immediately and without any action by Lessee vest in Lessor, and Lessee shall immediately surrender possession of the applicable Units of Equipment to Lessor upon (A) any termination of any Lease under this Agreement without Lessee exerCising its Purchase Option to purchase With respect thereto, or (8) the occurrence of an Event of Default which is not cured in accordance With the terms of this Agreement. In any of such cases, Lessee agrees to execute such instruments and do such things as Lessor reasonably requests In order to effectuate transfer of any and all of Lessee's right, title and interest in such Equipment, as is, to Lessor. Subject to Lessee's obligations under Section 14 hereof, It is hereby acknowledged by Lessor and Lessee that Lessee will purchase the Equipment on the terms set forth In the Individual Payment Schedules of this Agreement (c) It is Lessee's intent to pay Lease-Purchase Payments for the Initial Period and all Renewal Periods as scheduled on each Individual Payment Schedule if funds are legally available to it and in this regard, Lessee represents that the use of the Equipment is essential to its operations. If Lessee is not allotted funds for any successive Fiscal Period to continue paying the Lease-Purchase Payments as to any Individual Payment Schedule for the Units of Equipment relating thereto and It has no funds legally available for such payment from other sources, Lessee may terminate the applicable Individual Payment Schedules of this Agreement at the end of the then current Fiscal Period, and Lessee shall not be obligated to make any payments thereon beyond the end of the then current Fiscal Period. Lessee shall provide Lessor with thirty (30) days written notice of its intention to terminate this Agreement as a result of an event of nonappropriation. In such event, Lessor shall have all the rights and remedies to take possession of the Units of Equipment relating to the Individual Payment Schedules so terminated. Lessee agrees to transfer all of its right, title and interest and to peaceably surrender possession of the applicable Units of Equipment to Lessor or its assignee on the effective date of such termination, and to have such Equipment packaged for shipment in accordance with manufacturer's specifications. 11. Security Interest. In order to secure all of its obligations hereunder, Lessee hereby (a) grants to Lessor a first and prior security interest in any and all right, title and interest of Lessee in (i) the - 7- @2003 Fifth Third Bancorp ------ Equipment and in all additions, attachments, accessions, and substitutions thereto, and on any proceeds therefrom, (ii) all general intangibles, software intangibles and other property relating thereto (excluding accounts receivable), (iii) all warehouse receipts, bills of lading and other documents of title now or hereafter covering any of the foregoing property, (iv) all securities, funds, moneys, deposits and other property at any time held in or subject to the Acquisition Fund (if any), (v) all accessions thereto, (vi) all accessories, attachments, parts, equipment and repairs now or hereafter attached or affixed or used in connection with any of the foregoing property, (VII) all substitutions for any of the foregoing property and (viii) proceeds of any of the foregoing property (including, without limitation, any property acquired by Lessee with such proceeds); (b) agrees that this Agreement may be filed as a financing statement evidencing such security interest and authorizes Lessor to file such other UCC Financing Statements relating to such collateral in such jurisdictions as Lessor shall determine are necessary or appropriate; and (c) agrees to execute and deliver all financing statements, certificates of title and other instruments necessary or appropriate to evidence such security interest and Lessee hereby irrevocably makes, constitutes and appoints Lessor as Lessee's true and lawful attorney with full power to sign the name of Lessee to any such document. 12. Disclaimer of Warranties. LESSOR MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO THE VALUE, DESIGN, CONDITION, COMPLIANCE WITH SPECIFICATIONS, QUALITY OF MATERIALS OR WORKMANSHIP, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, USE OR OPERATION, SAFETY, PATENT, TRADEMARK OR COPYRIGHT INFRINGEMENT, SUBJECT TO LESSEE'S OBLIGATIONS UNDER SECTION 14 HEREOF, OF ANY OF THE EQUIPMENT OR AS TO ITS TITLE THERETO OR ANY OTHER REPRESENTATION OR WARRANTY WITH RESPECT TO THE EQUIPMENT. Lessor hereby assigns to Lessee for and during the Lease Term all manufacturer's warranties or guaranties, express or implied, Issued on or applicable to the Equipment and Lessor authorizes Lessee to obtain the customary services furnished in connection with such warranties or guaranties at Lessee's expense. Lessee acknowledges that the EqUipment shall be purchased by Lessor in accordance with Lessee's specifications and from a vendor selected by Lessee; that Lessor IS not a manufacturer of or dealer of such Equipment and takes no part in or responsibility for the Installation of the EqUipment, and that Lessor has made no representation or warranty and assumes no obligation with respect to the merchantability, condition, quality or fitness of the Equipment or the enforcement of the manufacturer's warranties or guaranties. All such risks, as between Lessor and Lessee, are to be borne by Lessee. Without limiting the foregoing Lessor shall have no responsibility or liability to Lessee or any other person with respect to any of the following' (i) any liability, loss or damage caused or alleged to be caused directly or indirectly by the Equipment, any inadequacy thereof, any deficiency or defect (latent or otherwise) therein, or any other circumstances in connection therewith; (il) the use, operation or performance of the Equipment or any risks relating thereto; (iii) any interruption of service, loss of business or anticipated profits or consequential damages; or (iv) the delivery, operation, servicing, maintenance, repair, improvement or replacement of the Equipment. 13. Personal Property. The Equipment is and shall at all times be and remain personal property notwithstanding that the Equipment or any part thereof may be or hereafter become In any manner affixed or attached to or embedded in or permanently rested upon real property or any building or fixtures thereon or otherwise attached In any manner to what is permanent by means of cement, plaster, nails, bolts, screws or otherwise. 14. Use: Maintenance and Repair; Indemnification. (a) Lessee will: (i) use the Equipment in a careful manner for the use contemplated by this Agreement and the laws of the State with respect to equipment of this type, (ii) comply with all laws, insurance policies and regulations relating to the use, maintenance and operation of the Equipment; and (iii) pay all costs, claims, damages, fees and charges arising out of its possession, use or maintenance of the EqUipment. - 8 - @2003 Fifth Third Bancorp ---- ---- -- (b) Lessee, at its expense, will: (i) keep the Equipment in good repair and fumish all parts, mechanisms and devices required therefor, and (ii) obtain and maintain any governmental licenses and permits required for ownership and operation of the Equipment. (c) Lessee will repair and maintain, or by contract provide for the proper repair and maintenance of, the Equipment during the Lease Term. (d) Lessor agrees that so long as no Event of Default has occurred and is continuing during the Lease Term it will not impair Lessee's abilities to operate or maintain the Equipment in sound operating condition so that the Equipment will be able to carry out its intended functions. 15. Alterations. Following completion of the acquisition of the Equipment, Lessee will not make any alterations, additions, substitutions, subtractions or replacements to the Equipment which would have an adverse effect on either the nature of the Equipment or the function or value of the Equipment, unless such alterations, additions, substitutions, subtractions, replacements or Improvements may be readily removed or re-added without damage to the Equipment. Any alterations, additions or improvements to the Equipment which may not be readily removed without damage to the Equipment, and any substItutions or replacements, shall be considered to constitute a part of the Equipment. 16. Location: Inspection. Lessee shall not remove the Equipment from the Equipment Location without the consent of Lessor, which consent shall not be unreasonably withheld. Lessor will be entitled to enter upon the EqUipment Location or elsewhere during reasonable business hours to inspect or observe the use, operation and maintenance of the Equipment. 17. Liens and Encumbrances. Lessee and Lessor shall keep the Equipment free and clear of all liens and encumbrances except those created or permitted under this Agreement. 18. Risk of Loss: Damaae: Destruction. Lessee assumes all risk of loss or damage to the Equipment from any cause whatsoever. No loss of or damage to, or appropriation by governmental authorities of, or defect In or unfitness after delivery or obsolescence of, the EqUipment will relieve Lessee of its obligation under this Agreement or the Individual Payment Schedules hereunder. Lessee will promptly repair or replace any portions of Equipment lost, destroyed, damaged or appropriated necessary to maintain the Equipment in sound operating condition so that at all times during the Lease Term the Equipment Will be able to carry out its intended functions. If an Event of Loss to any EqUipment has occurred, Lessee shall immediately notify Lessor of same, and at the option of Lessor, Lessee shall: (a) repair or replace such Equipment in accordance with the Immediately preceding sentence and the other terms and conditions hereof or (b) pay to Lessor on the next succeeding Payment Date the sum of (i) all Base Rent and Additional Rent due on such Payment Date and all other amounts then due and owing hereunder plus (ii) the Purchase Price as of such Payment Date with respect to the Equipment Upon Lessor's receipt of the payment required under subsection (b) above, Lessee shall be entitled to Lessor's interest In such Equipment, in its then condition and location, "as is" and "where IS", Without any representations or warranties, express or implied. 19. Insurance. Lessee during the Lease Term of this Agreement shall maintain: (a) property insurance, with any loss deductible commonly used by Lessee, covering the Equipment, naming Lessor as loss payee and otherwise on the terms and in the amounts specified in the Insurance Coverage Certificate executed by Lessee; (b) liability insurance covering the use of the Equipment, whIch may be a combination of self-insurance and an excess liability policy, naming Lessor as an additional insured and otherwise on the terms and in the amounts specified in the Insurance Coverage Certificate executed by Lessee; -9- C>2003 Fifth Third Bancorp (c) the proceeds of any personal injury insurance, casualty Insurance, or appropriation awards, to the extent they are not promptly used or encumbered for the purposes stated in 18 hereof, shall be paid to Lessor for deposit In the Lease-Purchase Payment Account; and (d) in the event of total destruction of any Units of Equipment, Lessee shall apply insurance proceeds, self-insurance and any other moneys available and appropriated for the purpose, to the acquisition of replacement Equipment. 20. Purchase ODtion. Lessee, upon thirty (30) days prior written notice to Lessor and after the Commencement Date, shall have the right to purchase the Equipment or any Unit of Equipment thereof on any Purchase Price Date by paying to Lessor the Lease-Purchase Payment then due on the applicable Individual Payment Schedule, together with the Purchase Price relating to that date. Any purchase of Equipment hereunder shall be on an "as-is, where-is" baSIS without representation or warranty of any kind from Lessor except that Lessor shall warrant that the Equipment IS free, clear and unencumbered of all liens arising by, through or under Lessor except for such liens as Lessee is required to remove pursuant to the terms hereof. 21. Assianments. (a) Lessee may not, without the prior written consent of Lessor: (i) assign, transfer, pledge, hypothecate or grant any security interest in or otherwise dispose of this Agreement or any Individual Payment Schedule under this Agreement or any Unit of Equipment (without replacement or substitution) or any interest in this Agreement or any Individual Payment Schedule under this Agreement or Unit of EqUipment, or (ii) sublease the Equipment or permit it to be operated by anyone other than Lessee, Lessee's employees or persons authorized by Lessee in connection with Lessee's operation and maintenance of the Equipment (b) This Agreement and each Individual Payment Schedule and the obligations of Lessee to make payments under each Individual Payment Schedule, may be sold, aSSigned or otherwise disposed of in whole or in part to one or more successors, grantees, holders, assignees or subassignee by Lessor, whereupon such successors, grantees, holders, assignees or subassignee shall succeed to all of Lessor's rights and (except to the extent of any servicing obligations retained by Lessor) obligations. Upon any sale, disposition, assignment or reassignment, Lessee shall be provided with a notice of the same by Lessor or its grantees, holders, assignees or subassignee; provided, however, that failure to provide such notice to Lessee shall not invalidate, void or render ineffective such assignment. Such sale, disposition, assignment or reassignment shall be effective upon receipt of such notice by Lessee. (c) Lessee agrees to make all payments to the assignee designated in the assignment, notwithstanding any claim, defense, setoff or counterclaim whatsoever (except ariSing from Lessor's breach of this Agreement) that Lessee may from time to time have against Lessor or Vendor. Lessee agrees to execute all documents, including registering of assignments, notices of assignment and chattel mortgages or financing statements, which may be reasonably requested by Lessor or assignee to protect its interest in the Equipment, in this Agreement and in each Individual Payment Schedule. (d) Lessee hereby agrees that Lessor may sell or offer to sell this Agreement (i) through a certificate of participation program, whereby one or more interests are created in the Agreement under each IndiVidual Payment Schedule, the Equipment or the Rental Payments under this Agreement and each Individual Payment Schedule or (ii) with other similar instruments, agreements and obligations through a pool, trust, limited partnership, or other entity. 22. Events of Default. The occurrence of anyone or more of the following events constitutes an "Event of Default" under this Agreement: (a) Lessee's failure to make during the then current Fiscal Period any Lease-Purchase Payment (or any other payment) as it becomes due in accordance with the terms of any -10 - Cl2003 Fifth Third Bancorp Individual Payment Schedule of this Agreement, and the failure continues for thirty (30) days after the due date; or (b) Lessee's failure to perform or observe any other covenant, condition or agreement to be performed or observed by it under this Agreement, and the failure is not cured or steps satisfactory to Lessor taken to cure the failure, within fifteen (15) days after written notice of the failure to Lessee by Lessor; or (c) The discovery by Lessor that any material statement, representation or warranty made by Lessee in this Agreement or in any writing delivered by Lessee pursuant to or In connection With this Agreement is false, misleading or erroneous in any material respect; or (d) The initiation by Lessee of a proceeding under any federal or state bankruptcy or insolvency law seeking relief under such laws concerning the indebtedness of Sub-Lessee or Lessee, or (e) Lessee shall be or become insolvent, or admit in writing its inability to pay its or his debts as they mature, or make an assignment for the benefit of creditors; or Lessee shall apply for or consent to the appointment of any receiver, trustee or similar officer for it or for all or any substantial part of its property; or such receiver, trustee or similar officer shall be appointed without the application or consent of Lessee; or Lessee shall institute (by petition, application, answer, consent or otherwise) any bankruptcy, insolvency, reorganization, arrangement, readjustment of debt, dissolution, liquidation or similar proceeding relating to it under the laws of any jurisdiction; or any such proceeding shall be instituted (by petition, application or otherwise) against Lessee, or any judgment, Writ, warrant of attachment or execution or similar process shall be issued or levied against a substantial part of the property of Lessee. 23. Remedies. Upon the occurrence of an Event of Default, and as long as the Event of Default is continuing, Lessor may, at its option, exercise anyone or more of the following remedies as to the Equipment: (a) By written notice to Lessee, declare an amount equal to all amounts then due under all Individual Payment Schedules and all remaining Lease-Purchase Payments due thereon during the then applicable Fiscal Period, whereupon that amount shall become Immediately due and payable; (b) Within fifteen (15) days after written demand or notice to Lessee, enter and take immediate possession of the Equipment wherever situated, without any court order or process of law and without liability for entering the premises; (c) Sell or lease the Equipment or sublease the Equipment for the account of Lessee, holding Lessee liable for all Lease-Purchase Payments and other payments due during the then applicable Fiscal Period to the effective date of such selling, leasing or subleasing and for the difference between the purchase price, rental and other amounts paid by the purchaser, lessee or sublessee pursuant to such sale, lease or sublease and the amounts payable during such Fiscal Period by Lessee under all Individual Payment Schedules of thiS Agreement; and (d) Exercise any other right, remedy or privilege which may be available to it under the applicable laws of the State or any other applicable law or proceed by appropriate court action to enforce the terms of this Agreement or to recover damages for the breach of this Agreement or to rescind this Agreement as to any or all of the Equipment. Upon an Event of Default or as otherwise required herein or in any Agreement, Lessee shall within ten (10) calendar days after notice from Lessor, at its own cost and expense: (a) if deinstallation, disassembly or crating IS required, cause the Equipment to be deinstalled, disassembled and crated by an authorized manufacturer's representative or such other service person as is satisfactory to Lessor; and (b) deliver the Equipment to a location specified by Lessor, freight and insurance prepaid by Lessee. If -11 - @2003 Fifth Third Bancorp ------- -- - --- - -- - --- Lessee refuses to deliver the Equipment in the manner designated, Lessor may enter upon Lessee's premises where the Equipment is kept and take possession of the Equipment and charge to Lessee the costs of such taking To the extent permitted by applicable law, Lessee hereby expressly waives any damages occasioned by such taking, unless caused solely and directly by Lessor's failure to comply with the UCC. If Lessee makes modifications to a site after any Equipment has been Installed therein and such modifications impede the removal of the Equipment, the cost of removing the impediments and restoring the site shall be the sole expense of Lessee. Lessee agrees that if Lessee is required to deliver any item of Equipment to Lessor or Lessor's agent, the Equipment shall be delivered free of all substances which are regulated by or form a basis for liability under any Environmental Law (other than items necessary for the use or operation of the Equipment for the purposes for which it was intended so long as such items have been hauled, conveyed, stored, treated, transported and disposed of in accordance with Environmental Laws) All of Lessee's right, title and Interest in any EqUipment the possession of which is taken by Lessor upon the occurrence of an Event of Default (including, without limitation, construction contracts, warranties, guaranties or completion assurances applicable to such Equipment) shall pass to Lessor, and Lessee's rights in such Equipment shall terminate Immediately upon such repossession. 24. No Remedv Exclusive. No remedy herein conferred upon or reserved to Lessor is intended to be exclusive and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter eXisting at law or in equity. No delay or omission to exercise any right or power accruing upon any Event of Default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right or power may be exercised from time to time and as often as may be deemed expedient All remedies herein conferred upon or reserved to Lessor shall survive the termination of thiS Agreement. 25. Notices. All notices to be given under this Agreement shall be made in writing and mailed by certified or registered mail, return receipt requested, to the parties at the addresses set forth herein or at such other address as the party may provide in writing from time to time. 26. Headlnas. All section headings contained in this Agreement are for convenience of reference only and are not intended to define or limit the scope of any provision of this Agreement. 27. Governlna Law. This Agreement shall be construed in accordance with and governed by the laws of the State of Florida. 28. Delivery of Related Documents. Lessee will execute or provide, as requested by Lessor, such other documents and information as are reasonably necessary With respect to the transactions contemplated by this Agreement, Including the Individual Payment Schedules which are or become a part of this Agreement. Lessor and Lessee agree that this Agreement or any other appropriate documents may be filed or recorded to evidence the parties' respective interests in the Equipment and this Agreement or the individual Leases hereunder. 29. SDeclal ReDresentatlons and Covenants of Lessor. Lessor represents that: (a) Lessor is an Ohio corporation authorization to do business In Florida and is duly organized, existing and in good standing under the laws of such state; has full and complete power to enter into this Agreement and to enter into and carry out the transactions contemplated hereby, and to carry out its obligations under this Agreement; is possessed of full power to own and hold real and personal property, and to lease the same, and has duly authorized the execution and delivery of thiS Agreement; (b) neither the execution and delivery of this Agreement or any Lease, nor the fulfillment of or compliance with the terms and conditions hereof and thereof, nor the consummation of the -12 - @2003 Fifth Third Bancorp transactions contemplated hereby and thereby, conflicts with or results in a breach of the terms, conditions or provisions of any restriction or any agreement or instrument to which Lessor IS now a party or by which Lessor or its property is bound, or constitutes a default under any of the foregoing, or results in the creation or imposition of any lien, charge, or encumbrance whatsoever upon any of the property or assets of Lessor, or upon the EqUipment, as defined In any Lease except encumbrances permitted by the Lease, and (c) upon exercise by Lessee of its option to purchase the Equipment pursuant to any Lease, Lessor will deliver to Lessee all documents which are or may be necessary to vest all of Lessor's right, title and interest in and to the Equipment in Lessee, and will release all liens and encumbrances created under the Lease with respect to the Equipment 30. Special Representations and Covenants of Lessee. Lessee represents that. (a) it is a Florida Municipal corporation of the State of Florida responsible for City Office Equipment and that acquiring, owning and financing of the Equipment and the leasing of the Equipment will advance such purposes. Lessee further represents that it intends, to the fullest extent possible, to support and maintain the Equipment to assure performance of its essential function; (b) the laws of the State of Florida authorize Lessee to acquire, operate and maintain the equipment to be leased pursuant to the Lease, to enter into the Lease and the transactions contemplated thereby, and carry out its obligations under the Lease; (c) the officers of Lessee executing the Lease have been duly authorized to execute and deliver the Lease under the terms and provisions of a resolution of Lessee's governing body or by other appropriate official action; (d) Lessee has complied with all open meeting laws, all public bidding laws and all other laws of the State and the United States applicable to the Lease and the acquisition of the Equipment by Lessee; (e) except as provided under the terms of the Lease, Lessee will not transfer, lease, assign, mortgage or encumber the EqUipment; (f) the Equipment constitutes public property to be used solely for public purposes and Lessee will use the Equipment during the term of the Lease only to perform essential governmental functions; (g) Lessee will execute and file with the Internal Revenue Service the information reporting statement required by Section 149(e) of the Code, (Form 8038G or 8038GC); (h) Lessee does not reasonably anticipate that less than ninety-five percent (95%) of the proceeds of the Lease will be used for "local government activities" of Lessee; and (i) all representations, warranties, covenants and statements contained in this Lease are true and correct. Upon the execution of each Individual Payment Schedule, Lessee will provide Lessor a completed and executed copy of the opinion of the legal counsel to Lessee, in form and substance satisfactory to Lessor The opinion of legal counsel to Lessee will be dated the date that funding for the Individual Payment Schedule IS provided by Lessor. In addition, Lessor's obligation to fund the purchase price for the Equipment referred to in any Individual Equipment Schedule executed pursuant hereto is conditioned upon prior receipt of the following documents, in each case, duly executed by Lessee and In form and substance satisfactory to Lessor' (I) Arbitrage and Tax Certificate, (ii) Certificate of Fiscal Officer, (iii) -13 - @2003 Fifth Third Bancorp - --- Bank Eligibility Certificate, (iv) Insurance Coverage Letter, (v) Municipal Certificate and (vi) Essential Use/Source of Funds Certificate. 31. Escrow Aareement. To the extent required by any Individual Payment Schedule executed pursuant hereto, at the time of the execution and delivery of such Individual Payment Schedule, Lessor and Lessee agree to execute and deliver and to cause Escrow Agent to execute and deliver the Escrow Agreement. Such Individual Payment Schedule shall take effect only upon execution and delivery of the Escrow Agreement by the parties thereto. Upon receipt of each properly completed Payment Request Form, in the form prescribed by the Escrow Agreement, Lessor shall deposit or cause to be deposited with Escrow Agent for credit to the Acquisition Fund the sum designated therein, which shall be held, invested and disbursed in accordance with the Escrow Agreement. 32. Entire Aareement. This Agreement, together with all Individual Payment Schedules and attachments and exhibits, and other documents or instruments executed by Lessee and Lessor in connection with this Agreement, constitute the entire agreement between the parties with respect to the lease of the Equipment. 33. Amendments. This Agreement may not be modified, amended, altered or changed except with the written consent of Lessee and Lessor and except as contemplated by the addition of Individual Payment Schedules. 34. Severability. In any provision of, or any covenant, obligation or agreement contained in this Agreement is determined by a court to be invalid or unenforceable, that determination shall not affect any other provision, covenant, obligation or agreement, each of which shall be construed and enforced as if the invalid or unenforceable portion were not contained in this Agreement. The Invalidity or unenforceability shall not affect any valid or enforceable application thereof, and each such provision, covenant, obligation or agreement shall be deemed to be effective, operative, made, entered into or taken in the manner and to the full extent permitted by law. 35. Counterparts. This Agreement may be simultaneously executed in several counterparts, each of which shall be an onginal and all of which shall constitute but one and the same Agreement. 36. Disputes: Venue. All disputes shall be governed by the laws of the State of Florida with venue in Palm Beach County, Florida. -14 - @2003 Fifth Third Bancorp -~- IN WITNESS WHEREOF, the parties have executed this Master Lease-Purchase Agreement by their authorized officers as of the date set forth above. LESSOR: THE FIFTH THIRD LEASING COMPANY By: Name: Mark J. Zink Title: Assistant Vice President LESSEE: CITY OF DELRAY BEACH, FLORIDA By: Name: Title: Attested by: City Clerk Approved as to legal sufficiency and form on behalf of Lessee -15 - @2003 Fifth Third Bancorp ill Fifth Third Bank INSURANCE COVERAGE CERTIFICATE TO: THE FIFTH THIRD LEASING COMPANY, an Ohio corporation ("Lessor") Please provide the evidence of insurance to Lessor at The Fifth Third Leasing Co., 38 Fountain Square Plaza, MD10904A, Cincinnati, Ohio 45263 Attn: Sales Support Manager FROM: CITY OF DELRAY BEACH, FLORIDA a city in the State of Florida RE: INSURANCE COVERAGE REQUIREMENTS of the Master Lease-Purchase Agreement between Lessor and CITY OF DELRAY BEACH, FLORIDA ("Lessee") dated as of August 9, 2005 (the "Master Lease") and Individual Payment Schedule No 001 thereto dated August9, 2005 (the "Individual Payment Schedule") 1. In accordance with Section 19 of the Master Lease and the Individual Payment Schedule referenced above (collectively, the "Agreement"), we have instructed the insurance agent named below. A.J. GallaQher (Name of Insurance Agent) (Name of Insurance Agency) 8200 NW 41 51 St. Ste. #200 (Street Address) (Street Address) Miami Florida 33166 (City) (State) (ZIP Code) 800-488-3003 (Phone) to issue: (a) All Risk Physical Damage Insurance on the leased Equipment or Unit thereof (as defined in the Agreement) evidenced by a Certificate of Insurance and Long Form Loss Payable Clause naming Lessor "and/or its assigns" as Loss Payee. (b) Public Liability insurance evidence by a Certificate of Insurance naming Lessor "and/or Its assigns" as an Additional Insured. Minimum Coverage Required: $1,000,000 per person $1,000,000 aggregate bodily injury liability $1,000,000 property damage liability @2003 Fifth Third Bancorp 2. Proof of insurance coverage will be provided to Lessor prior to the time that the Equipment or Unit thereof is delivered to us 3. Lessee will furnish a Certificate of Insurance with the following additional endorsements' (a) Endorsement requiring that insurer furnish Lessor thirty (30) days' prior written notice of the effective date of any material alteration or the cancellation or expiration of coverage. (b) Endorsement confirming that the interest of Lessor shall not be invalidated by any actions, inactions, breach of warranty or conditions or negligence of the undersigned Lessee or any person other than Lessor (c) Endorsement waiving any right of insurer to subrogation action against Lessor. (d) Endorsement providing that premiums may be paid by the Lessor, but Without liability on the part of Lessor for such premiums. (e) Endorsement confirming that the each policy of insurance is primary without any right of set-off or right of contribution from any other insurance carried by Lessor IN WITNESS WHEREOF, the undersigned has executed this Insurance Coverage Certificate this 2nd day of August 2005. LESSEE: CITY OF DELRAY BEACH, FLORIDA By: Name: Jeff Perlman Title: Mavor -2 - @2003 Fifth Third Bancorp DRAFT FOR DISCUSSION PURPOSES ONLY - 7/26/05 --------------- m Fifth Third Bank INDIVIDUAL PAYMENT SCHEDULE - No. 001 DATED AUGUST 9, 2005 To MASTER LEASE-PURCHASE AGREEMENT DATED AS OF AUGUST 9, 2005 Lessor: THE FIFTH THIRD LEASING COMPANY an Ohio corporation Lessee: CITY OF DELRAY BEACH, FLORIDA a city in the State of Florida This Individual Payment Schedule is entered into this August 9, 2005, by and between Lessor and Lessee pursuant to and subject to the terms and conditions of the Master Lease-Purchase Agreement dated as of August 9, 2005 (as amended, supplemented or modified from time to time, the "Master Lease-Purchase Agreement"). All of the terms of the Master Lease-Purchase Agreement are incorporated by reference herein. Capitalized terms used, and not otherwise defined, herein shall have the meanings attached thereto in the Master Lease- Purchase Agreement 1. Equipment covered by this Individual Payment Schedule. Subject to the terms and conditions hereof, Lessor agrees to acquire and lease to Lessee the equipment listed below ("Equipment"). Manuf. and/or Description of Equipment Serial Invoice Vendor Name & Equipment Location Number Total Invoice No. ProSys 133 Laptop computers 100 N W. 1st Avenue $487,97700 InvOice #38356 Delray Beach. FL 33444 Palm Beach County Total' $487,97700 The total cost of the Equipment covered by this Individual Payment Schedule IS Four Hundred Eighty-seven Thousand, Nine Hundred Seventy-seven and 00/100 dollars ($487,977.00). 2. Billing Address. 100 N. W. 1 st Avenue Attention: R.S. O'Connor Delray Beach, Florida 33444 3. Term. The Scheduled Term is 36 months The Final Period shall be the period commencing on the first day of the Fiscal Year in which the final payment is scheduled to occur and ending on July 9, 2008. @2003 Fifth Third Bancorp 4. Rent and Purchase Option. (a) Base Rent: See Schedule 1 (b) Commencement Date: August 9,2005 (c) First Payment Date. August 9, 2005 (d) Payment Frequency: monthly (e) Number of Payments: thirty-six (36) (f) Purchase Price Dates and Purchase Price: See dates and amounts designated on Schedule 2 5. Base Rent. The total cost for the Equipment is the amount specified in Section 1 hereof. Of that amount, Lessee shall pay zero ($0.00) and, subject to the terms and conditions hereof, Lessor shall advance Four Hundred Eighty-seven Thousand, Nine Hundred Seventy-seven and 00/100 dollars ($487,977.00) (the "Lessor Amount"). The Base Rent of the Lease-Purchase Payments is determined by applying an annual rate of Interest equal to Three and 37/100 percent (3 37%) (the "Implicit Interest Rate") of the outstanding balance equal to the Lessor Amount. (Remainder of page intentionally left blank. Signature page follows.) -2 - @2003 Fifth Third Bancorp ---- ----- IN WITNESS WHEREOF, the parties have executed this Individual Payment Schedule by their authorized officers as of the date set forth above. LESSOR: THE FIFTH THIRD LEASING COMPANY By: Name: Mark J. Zink Title: Assistant Vice President LESSEE: CITY OF DELRAY BEACH, FLORIDA By: Name: Jeff Perlman Title: Mavor - 3 - @2003 Fifth Third Bancorp ---- SCHEDULE 1 TO INDIVIDUAL PAYMENT SCHEDULE 001 SCHEDULE OF PAYMENTS Payment Rent Payment Interest Principal Total Base Number Date Component Component Rent of Base Rent of Base Rent Payment Due 1 08/09/05 0.00 14,230.71 14,230.71 2 09/09/05 1,330.44 12,900.27 14,23071 3 10/09/05 1,294 21 12,936.50 14,230.71 4 11/09/05 1,257.88 12,972.83 14,230.71 5 12/09/05 1,221.45 13,009.26 14,230.71 6 01/09/06 1,184.91 13,045.80 14,230.71 7 02/09/06 1 ,148 28 13,082.43 14,230.71 8 03/09/06 1,111.54 13,119.17 14,230.71 9 04/09/06 1,074.69 13,156.02 14,230.71 10 05/09/06 1,037.75 13,192.96 14,230.71 11 06/09/06 1,000.70 13,230 01 14,230.71 12 07/09/06 963.54 13,267.17 14,230.71 13 08/09/06 926 28 13,304.43 14,23071 14 09/09/06 888.92 13,341.79 14,23071 15 1 0/09/06 851.45 13,379.26 14,230.71 16 11/09/06 813.88 13,416.83 14,230.71 17 12/09/06 776.20 13,454.51 14,230.71 18 01/09/07 738.41 13,492.30 14,23071 19 02/09/07 700.52 13,530.19 14,230.71 20 03/09/07 662.53 13,568.18 14,23071 21 04/09/07 624.42 13,606.29 14,230.71 22 05/09/07 586.21 13,644.50 14,230.71 23 06/09/07 547.89 13,682.82 14,230.71 24 07/09/07 509.47 13,721.24 14,230 71 25 08/09/07 470.93 13,759.78 14,230,71 26 09/09/07 432.29 13,798.42 14,23071 27 1 0/09/07 393.54 13,837.17 14,230.71 28 11/09/07 354.68 13,876.03 14,230.71 29 12/09/07 315.71 13,915.00 14,230.71 30 01/09/08 276.64 13,954.07 14,230.71 31 02/09/08 237 45 13,993.26 14,230.71 32 03/09/08 198.15 14,032.56 14,230.71 33 04/09/08 158.74 14,071.97 14,230.71 34 05/09/08 119.22 14,111.49 14,230.71 35 06/09/08 79.59 14,15112 14,23071 36 07/09/08 40.05 14,190.66 14,230.71 -4 - @2003 Fifth Third Bancorp SCHEDULE 2 TO INDIVIDUAL PAYMENT SCHEDULE 001 PURCHASE PRICE DATES AND PURCHASE PRICES Purchase Price Purchase Price Date 08/09/05 473,746.29 09/09/05 460,846.02 1 0/09/05 447,909.52 11/09/05 434,936.69 12/09/05 421,927.43 01/09/06 408,881.63 02/09/06 395,799.20 03/09/06 382,680.03 04/09/06 369,524.01 05/09/06 356,331.05 06/09/06 343,101.04 07/09/06 329,833.87 08/09/06 316,529.44 09/09/06 303,187.65 1 0/09/06 289,808.39 11/09/06 276,391.56 12/09/06 262,937.05 01/09/07 249,444.75 02/09/07 235,914.56 03/09/07 222,346.38 04/09/07 208,74009 05/09/07 195,095.59 06/09/07 181,41277 07/09/07 167,691.53 08/09/07 153,931.75 09/09/07 140,133.33 10/09/07 126,296.16 11/09/07 112,420.13 12/09/07 98,505.13 01/09/08 84,551.06 02/09/08 70,557.80 03/09/08 56,525.24 04/09/08 42,453.27 05/09/08 28,341.78 06/09/08 14,190.66 07/09/08 0.00 - 5- @2003 Fifth Third Bancorp ill Fifth Third Bank CERTIFICATE OF FISCAL OFFICER TO: THE FIFTH THIRD LEASING COMPANY, an Ohio corporation ("Lessor") RE: Master Lease-Purchase Agreement between Lessor and CITY OF DELRA Y BEACH, FLORIDA ("Lessee") dated as of August 9, 2005 (the "Master Lease") and Individual Payment Schedule No. 001 thereto dated August 9, 2005 (the "Individual Payment Schedule") The undersigned, Director of Finance of Lessee, pursuant to the Master Lease and Individual Payment Schedule referenced above, hereby certifies that the moneys required to meet the obligations of the Lessee during the current fiscal penod for the payments due or coming due pursuant to the Individual Payment Schedule have been lawfully appropriated by Lessee for such purposes and are In the treasury of Lessee or in the process of collection to the credit of an appropriate fund, free from any encumbrances IN WITNESS WHEREOF, the undersigned has executed this Certificate of Fiscal Officer this 2nd day of August 2005. CITY OF DELRAY BEACH, FLORIDA Name: JoseDh M Safford Title: Director of Finance @2003 Fifth Third Bancorp - -------- ~ ill Fifth Third Bank ESSENTIAL USE/SOURCE OF FUNDS CERTIFICATE TO: THE FIFTH THIRD LEASING COMPANY, an Ohio corporation ("Lessor") RE: Master Lease-Purchase Agreement between Lessor and CITY OF DELRAY BEACH, FLORIDA ("Lessee") dated as of August 9,2005 (the "Master Lease") and Individual Payment Schedule No. 001 thereto dated August 9,2005 (the "Individual Payment Schedule") The undersigned, Mayor of Lessee, pursuant to the Master Lease and Individual Payment Schedule referenced above, hereby certifies as follows' 1. That the equipment identified in the Individual Payment Schedule (the "Equipment") is essential to the governmental functions of Lessee and constitutes public property to be used for public purposes. 2. Lessee has an immediate need for, and expects to make immediate use of, substantially all the Equipment, which need is not temporary or expected to diminish in the foreseeable future. The Equipment will be used by Lessee for the purpose of performing one or more of Lessee's governmental functions consistent with the permissible scope of Lessee's authority. 3. The estimated useful life of the Equipment, based upon manufacturer's representations and Lessee's projected needs, is three (3) years. 4. Lessee's source of funds for making rental payments under the Lease is the General Fund Non Advalorem revenues. Lessee expects and anticipates adequate funds to be available to make all future rental payments. IN WITNESS WHEREOF, the undersigned has executed this Essential Use/Source of Funds Certificate this 2nd day of August 2005. CITY OF DELRA Y BEACH, FLORIDA By: Name: Jeff Perlman Title: Mavor @2003 Fifth Third Bancorp m Fifth Third Bank MUNICIPAL CERTIFICATE TO: THE FIFTH THIRD LEASING COMPANY, an Ohio corporation ("Lessor") RE: Master Lease-Purchase Agreement between Lessor and CITY OF DELRAY BEACH, FLORIDA ("Lessee") dated as of August 9,2005 (the "Master Lease") and Individual Payment Schedule No. 001 thereto dated August 9,2005 (the "Individual Payment Schedule") I, the undersigned, the duly appointed, qualified and acting Mayor of the above-captioned Lessee do hereby certify as follows: 1. Lessee did, at a Commission meeting of the governing body of the Lessee held on August 15, 2005 by motion duly made, seconded and carried in accordance with all requirements of law approve and authorize the execution and delivery of the above-referenced Master Lease-Purchase Agreement, Individual Payment Schedule NO.001 (collectively, the "Agreement") on behalf of Lessee by its following named representatives, to wit: Printed Name: Jeff Perlman Title: Mavor Signature: Printed Name: Title: Signature: 2. One (1) of the above named representatives is required to execute each such document. 3. Each of the above named representatives of the Lessee held at the time of such authorization, and holds at the present time, the office set forth above. 4. The meeting of the governing body of the Lessee at which the Agreement and the Escrow Agreement were approved and authorized to be executed was duly called, regularly convened and attended throughout by the requisite majority of the members thereof and the action approving the Agreement and the Escrow Agreement and authorizing the execution thereof has not been altered or rescinded. 5. There is no litigation of any nature, either pending or threatened, restraining or enjoining the execution of the Lease nor directly or indirectly affecting the proceedings and authority by which the Agreement and the Escrow Agreement have been authorized and executed, nor any dispute, controversy or litigation affecting the validity of or security for the Agreement. 6. No event or condition that constitutes, or with the giving of notice or the lapse of time or both would constitute, an Event of Default (as such term is defined in the Agreement) exists at the date hereof. @2003 Fifth Third Bancorp DRAFT FOR DISCUSSION PURPOSES ONLY - 7/26/05 7. All insurance required in accordance with the Agreement is currently maintained by the Lessee. 8. Lessee has, in accordance with the requirements of law, fully budgeted and appropriated sufficient funds for the current fiscal year to make the rental payments scheduled to come due during the Initial Period and to meet its other obligations for the Initial Period (as such terms are defined in the Agreement) and such funds have not been expended for other purposes. 9. Lessee is not in default for the payment of principal of or interest on any of its notes or bonds or other obligations now outstanding. IN WITNESS WHEREOF, the undersigned has executed this Municipal Certificate this _ day of August 2005. CITY OF DELRAY BEACH, FLORIDA By: Name: Janet WhiPple Title: Actina Cltv Clerk STATE OF FLORIDA SS: COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this 2nd day of August, 2005 by , , on behalf of the Lessee. Notary Public My commiSSion expires: [SEAL] - 2 - @2003 Fifth Third Bancorp m Fifth Third Bank CERTIFICATE OF ACCEPTANCE TO: THE FIFTH THIRD LEASING COMPANY, an Ohio corporation ("Lessor") RE: Master Lease-Purchase Agreement between Lessor and CITY OF DELRAY BEACH, FLORIDA ("Lessee") dated as of August 9, 2005 (the "Master Lease") and Individual Payment Schedule No. 001 thereto dated August 9, 2005 (the "Individual Payment Schedule") The undersigned Lessee under the Master Lease and Individual Payment Schedule referenced above hereby certifies that: 1. A present need exists for the Equipment (as defined in the Individual Payment Schedule) which need is not temporary or expected to diminish in the near future. The Equipment is essential to and will be used by Lessee only for the purpose of performing one or more governmental functions of Lessee consistent with the permissible scope of Lessee's authority. 2. Lessee confirms that sufficient funds have been appropriated to make all Rental Payments due during its current fiscal year and expects and anticipates that sufficient funds will be available to make all Rental Payments due in subsequent years 3. The Equipment is covered by insurance in the types and amounts required by the Master Lease and is located at the location set forth in the Individual Payment Schedule. 4. The Equipment has been delivered to, and installed at, the Equipment Location specified therein and, as between Lessor and Lessee, is good working order and IS hereby accepted 5. Lessee acknowledges, affirms and agrees to be bound by the terms and conditions of the Master Lease and the Individual Payment Schedule. Lessee represents and warrants that (a) each of the representations and warranties of Lessee contained in the Master Lease is true and correct as of the date hereof and (b) no Default or Event of Default (as defined In the Master Lease) has occurred and is continuing as of the date hereof. IN WITNESS WJ-IEREOF, the Lessee has caused this Certificate of Acceptance to be executed as of this 2nd day of August 2005. LESSEE: CITY OF DELRAY BEACH, FLORIDA By: Name: Jeff Perlman Title: Mavor @2003 Fifth Third Bancorp ~ - ---- ----~- AGENDA ITEM NUMBER: ~ AGENDA REQUEST Date: 7/27/04 Request to be placed on: X Consent Agenda Special Agenda Workshop Agenda When: 8/2/05 Description of agenda item: Approve Resolution# 54-05 authorizing the execution and Delivery of a master lease agreement with Fifth Third Bank. The lease purchase agreement Provides financing for 133 laptops at the Police Department at a rate of 3.37% for a period of 36 months. ORDINANCE/RESOLUTION REQUIRED: X YES NO Draft of Resolution Attached: X YES NO Recommendation: Recommend the approval of Resolution# 54-05. Department Head Signature: ...... ~ ' ~~ Determination of Consistency with Comprehensive Plan: \.. City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: Yes X No Funding alternatives (if applicable): Account Number: 00171115197150and00171115197250 Account Description: Lease - Principal Exp; Account Balance: $106,154 City Manager Review: Approved for Agenda: @ k No Hold Until: Agenda Coordinator Review: Received: Action: Approved: Disapproved: P.O. # ---- --- MEMORANDUM TO: MAYOR AND CIIT COMMISSIONERS FROM: ~ CIIT MANAGER SUBJECT: AGENDA ITEM # ~~ - REGULAR MEETING OF AUGUST 2. 2005 LEASE AGREEMENT WITH RICK CASE HONDA DATE: JULY 29, 2005 This is before the Commission to approve a lease agreement with Rick Case Honda to lease nine (9) Honda Civics for thirty-six (36) months in the total amount of $78,435.00 to support the Police Department's Volunteer Program. Funding is available in 001-2113-521-44.40 (General Fund/Vehicle Rental/Lease). Recommend approval of a lease agreement with Rick Case Honda to lease nine (9) Honda Civics for the Police Department's Volunteer Program. S:\Clty Clerk\agenda memos\ Velucle Lease Agmt Rtck Case Honda 080205 . .. ~ Delray Beach DELRAY BEACH f ' 0 I( I ::l . Police Department .......... All-America City 300 West Atlantic Avenue , III I! Delray Beach, Florida 33444-3695 (561) 243-7888 Fax (561) 243-7816 2004 1993 Joseph L. Schroeder 2001 Chief of Police MEMORANDUM TO: David Harden City Manager FROM: Tina L. Lunsford ~ Administrative Officer DATE: July 28, 2005 SUBJECT: AGENDA REQUEST The Delray Beach Police Department has requested that the attached Consent Agenda go before the Commission on August 2, 2005 for approval. The lease of seven (7) vehicles to support our volunteer programs expires on September 6,2005. Per the attached memo from Volunteer Coordinator, Officer Andrew Arena, he solicited quotes from nine dealerships. His memo includes the four lowest bidders. He then took three of our Volunteer Captains to test drive each model and they overwhelming preferred the Honda Civic. Due to a decrease in anticipated pricing the Department would like to lease nine (9) vehicles instead of seven (7). The Department had estimated a cost of $2,100 per month or $25,200 per year for the lease of seven volunteer vehicles in the FY05/06 Budget. Due to the zero down sign & drive, the first year for the Honda Civics would cost $24,651.00 and the remaining two years would be $26,892.00 each for a total of $78,435.00 for three years. With a compliment of over 500 volunteers, the additional vehicles would be used for more patrols on a daily basis, spares for preventive maintenance, and use during special events/functions. Funding is available in 001-2113-521-44.40. Should you require further information, please contact me at ext. 7852. TLL/rmh Attachment Serving with P.RJ.D.E. Professionalism, Respect, Integrity, Diversity and Excellence DELRA Y BEACH POLICE DEPARTMENT MEMORANDUM TO: Tina Lunsford, Administrative Officer OffIcer A. Arena, Volunl_ Coordinator (/j!, ~ fl - FROM: DATE: July 27, 2005 SUBJECT: REQUEST FOR REPLACEMENT VOLUNTEER VEHICLES As you know the leases on our Volunteer Saturn's are coming due. The final payment is due August 7th and the cars are due to be returned by September 6th. The city garage said that they need about 2-3 weeks to remove the light packages and decals, and to make any necessary repairs before the return date. Therefore, the cars need to come off line no later than Friday, August 19TH. Also, the city garage needs about two weeks to outfit the replacement vehicles. Bottom line, we need to take possession of the replacement cars BY AUGUST 5TH to avoid any gap in service. I have solicited quotes from 9 dealerships for replacement cars. The LOWEST bids are listed below. Currently we are budgeted for $300 per vehicle (7) per month ($2100 monthly). 1) Maroone Nissan: Nlssan Sentra, 4 door, white, auto, power windows & locks, 12,000 miles: VERBAL ONL Y - STILL HA VE NOT RECEIVED WRITTEN BID a. $600 down (includes Tag, Fees & 1st Payment). b. 35 additional months @ $225 per month ($256.25 per month actual for first year, then $225 per month remainder) c. 41 additional months @ $208 per month ($240.67 per month actual for the first year, then $223 per month remainder including $15 per month extended warranty) 2) Maroone Chevrolet: Chevrolet Cobalt, 4 door, white, auto, power windows & locks, 12,000 miles: a. $0 down (Sign & Drive) b. 36 months @ $244 per month c. 48 months @ $228 month (extended warranty included) Serving with P.R.lD.E. , . 3) Ed Morse Delray Toyota: Toyota Corolla, 4 door, white, auto, power windows & locks, 12,000 miles: a. $250 down b. 48 months @ $227.91 per month ($264.75 per month actual first year including $16 per month extended warranty, then $243.91 per month remained including $16 per month extended warranty) 4) Rick Case Honda: Honda Civic, 4 door, white, auto, power windows & locks, 12,000 miles: a. $0 down (Sign & Drive) (dealer makes first months payment) b. 35 months @ $249 per month ($228.25 per month actual first year, then $249 per month remainder) I have spoken with Tony and Ray at the city garage. They have said that it does not matter to them what type of vehicle we lease. They work on all makes, but prefer American models. I had three of our Volunteer Captains test drive each model. They overwhelming preferred the Honda Civic. Based on our current budgeted amount of $2100 per month (FY 200512006), we would be able to lease 9 Honda Civics instead of the 7 Saturn's that we currently lease. With a compliment of over 500 volunteers, there are many times when more vehicles are needed. Some examples are: preventative maintenance takes a vehicle out of service for a day; vehicle damage/crashes take a vehicle out for at least 2-3 weeks; during special functions there are not enough Volunteer Vehicles available; also, by obtaining 2 additional cars we are able to put out more patrols on a daily basis. In the past we have had situations where pairs of volunteers arrive for patrol only to be sent home because no car is available. I do not think that our volunteers feel very appreciated when they come in at night, after work, in uniform, and find that they wasted their time. If there are any questions, please feel free to contact me at your convenience. Serving with P.R.LD.E. JLL-~-~l:1:> 1'{:::>4 MHI'<UUNI:. CHI=VY lJI::.LI<HY 561 454 3'308 P.I2I1/12I1 . - . MarooneC.Chevrolet MilroDne che'#l'CIlt.t II De"&v 1111ll"0, ."',. e FAXFAXFAX~AXFAXFAXFAXFAXFAXFAXFAXFAXFAX Delray Beach. f'L 33444 ' (56\1 45-'-3900 n FAXFAXFAXFAXFAXFAXPAXFAXFAXPAXFAXPAXFAX (561) 454'3908 rilll ty Y/WW.MirOOl'lt.'om 'AXFAXFAXFAXFAXFAXFAXF~XFAXFAXFAXFAXF^X TO; /jtJj)/&/W A,eI?N.4 CI"N I/'- L)e2/J'Yf ~ FROM; :/);z ~-S;v/(~ COPIES: , MESSAGE; J. () 0 S- C#lfV. CIJd;fJ.T ~ S' Su7JA/lI S/6~ tJ- /JRJvl7 -;ZtJ;e() f)ut? A 7 S;7A7e T /2, (}~-'f) /I4/tt:-..f rr Yb'~ 3 to Nd~~~ ~ I/I/IJI) PL~ /Adl 7' #f #jW/p;!: ).;).R 0 () ~t.1~ tf.,v/ /' /jl/ltR- ~, 7~> /C .fi;u2 fi:f-A// a~3()2-77/J FAXF~XFAXFAXFAXFAXFAXF^XFAXFAXFAXF^XFAXFAXFAXFAXFAXFAXFAXFAXFAX F^XFAXFAXFAXFAXFAXFAXFAXFAXFAXFAXFAXF~XFAXFAXFAXFAXFAXFAXFAXFAX: qp .....;. :~,. TOTAL P.12I1 JUL-26-21211215 16:42 MAROONE CHEVY DEL RAY 561 454 391218 P.I2I1 ....,. . ~ Marooneo.Chevrolet M...... ......~. .. ..1... 6 1111 Linton Blvel. > FAXFAXFAXFAXFA~~AXFAXFAXFAXFAXFAXFAXFAX ~elt.V Be.ch. rL 33444 (56\1 01154-3900 FAXFAXFAXFAXFAXFAXFAXPAXFAXFAXFAXFAXFAX (560454-3908 ru WloVW. Ma roane.com . PAX'AXFAXF~XFAXFAXFAXFAXFAXFAXFAXFAXFAX TO I AAlP~dIAI /4/f/?/V/t :J-VJ -71'/.6 FROM: COPIES: , MESSAGE: 2,oS- c;/W v.vf J.. '/ ~.s S" l7f.14/1l :] 6 #;vt///-;/ > /. prlJ /'4/Lid fi y&Wt ~ .~ f )J lit? 1"9 '7 S 7/1R T ~/r;N dJ lJ,Rttlt:::- .~ ~. I)tJ9.9/jJe rI' ~. " 'AXF~XFAXFAXFAXPAXPAXFAXFAXFAXFAXFAXFAXF~X~AXFAXFAXFAXFAXFAXFAX FAXFAXFAXFAXFAXFAXFAXFAXFAXFAXFAXFAXFAXFAXFAXFAXFAX~AXFAXFAXFAX: ~ .' I. JLL-26-2l2I05 16:42 MRROONE CI-EVY DELRAY 561 454 391218 P.12I2 .Jt - . July 28. 2005. 04:40 PM m" /, :,,~;;~.' '.'. "', .~" '";::~,~:' r,J.,J.-.J..,J........... .w............_ ..r ~c-'L.......l.....;..J"&1: Customer Vehicle Search Detail Report MAROONE CHEVROLET OF DELRAY 200S Chevrole11AU9 . Cobalt: LS Sedan "Must H."." Options -Don' Want.. Options SOU VIN I Order'" Event Code MSRP 1 G1AL52F157527241 5000 Vehicle delivered to dealer $17 ,350 Cotor1 : SOU Summit White Primary Color Col0r2: N/A Ttlm: 14C Gray Sport Cloth Trim Paeklge: 1SA 1 SA Option Package Engine: L61 ENGINE GAS, 4 CYL, 2.2L, MFI. ALUM, OOHC Trans: MXO Transmission. 4 Speed Automatic Other. 1SZ DISCOUNT OPTION PACKAGE OT4 Ashtray and Lighter FE9 Federal Emissions NW7 Traction Control- Powertrain Management PF7 WHEEL 15 X 6. ALUMINUM CAST. STYLED QTU TIRE ALL P195/60R15-87S BW RIPE TL AL2 SLM Stock Order Identifier YK3 LICENSE PLA rE FRONT FRT MOUNTING PKG i rk'~ /l/'lA7~ TOTAL P.12I2 Jul 25 05 02:02p Morse Operations 561-278-2146 p.3 Lease Information Sheet Monday, July 25, 2005 Vehicle: TOY2614: NEW 2005 TOYOTA COROLLA 18224D SEDAN LE AUTO Customer: Default Customer Code: TOY2614 Scan Type: 39mo. Lease Prophet Scan ID Number: P0724M0725009454 Market: Florida Lender: SETF_1BZ Rank: 97 Description: Southeast Toyota Finance (Tier I Lease Program <=105% Advance) Beacon Score 720+ - Zero Sec. Dep. - FL Trade(s) Allowance: $0.00 Warranty Cost: N/A ACV of Trade{s): $0.00 Warranty Charge: N/A Pay Off of Trade(s): $0.00 Dealer Cost: $15,825.00 Equity in Trade(s): $0.00 Selling Price: $15,825.00 Customer CashIRebate: $250.00 Price Adjustment: $374.55 Total CashlRebatelEquity: $250.00 Adjusted Selling Price: $16,199.55 Inception Fees: $624.55 Down Payment: $0.00 CashlEquity: Deficiency $374.55 Down Payment Tax: See Inception Fees Original MSRP: $16,750.00 Assignment Fee: $595.00 MSRP Discounts: $250.00 MSRP Adjustments: $250.00 $16,794.55 Adjusted MSRP: $17,000.00 Total Cap. Cost: Maximum Advance: $18,445.00 Vehicle Mark-Up: $0.00 Residual Value: (46.00%) $7,820.00 Warranty Mark-Up: $0.00 Mileage Adj: (0) + 1.00% $170.00 Paid Reserve: $0.00 Annual Miles: 12000 Dealer Incentive: $0.00 Excess Miles: N/A $0.00 Trade{s) Over Allowance: $0.00 Adjusted Residual Value: $7,990.00 Total Profit $0.00 Discount I Buy Rate: 0.002090 Payment s@ Adjusted I Sell Rate: 0.002090 Manually Verify All Data Before Contracting & Delivery Copyright @ 2004 Market Scan Information Systems, Inc. All rights reserved. http://www.marketscan.com Jul 25 05 02:02p Morse Operations 561-278-2146 p.2 Lease Information Sheet Monday, July 25,2005 Vehicle: TOY2614: NEW 2005 TOYOTA COROLLA 18224D SEDAN LE AUTO Customer: Default Customer Code: TOY2614 Scan Type: 48mo.LeaseProphetScan 10 Number: P0724M0725009454 Market: Florida Lender: SETS_1AZ Rank: 3 Description: Southeast Toyota Finance (Tier I Residual Enhancement Special Lease Program) Beacon Score 700+ - Zero Sec. Dep. - FL Trade(s) Allowance: $0.00 Warranty Cost: N/A ACV of Trade (s): $0.00 Warranty Charge: N/A Pay Off of Trade(s): $0.00 Dealer Cost: $15,825.00 Equity in Trade(s): _. ~o.oo Selling Price: $15,825.00 Customer CashlRebate: ,~ U~O~()O rice Adjustment: $321.43 Total CashIRebate/Equity: $250.00 Adjusted Selling Price: $16,146.43 Inception Fees: $571.43 Down Payment: $0.00 CashlEquity: Deficlency $321.43 Down Payment Tax: See Inception Fees Original MSRP: $16,750.00 Assignment Fee: $595.00 MSRP Discounts: $250.00 MSRP Adjustments: $250.00 $16,741.43 Adjusted MSRP: $17,000.00 Total Cap. Cost: Maximum Advance: $19,295.00 Vehicle Mark-Up: $0.00 Residual Value: (40.00%) $6,800.00 Warranty Mark-Up: $0.00 Mileage Adj: (0) + 2.00% $340. Paid Reserve: $0.00 Annual Miles: 12000 2ealer Incentive: $0.00 Excess Miles: N/A '-"_-~ Trade(s) Over Allowance: $0.00 Adjusted Residual Value: $8,450.00 Total Profit: $0.00 Discount I Buy Rate: 0.002190 @ Adjusted I Sell Rate: 0.002190 ----~ Manually Verify All Data Before Contracting & Delivery Copyright @ 2004 Market Scan Information Systems, Inc. All rights reserved. http://www.marketscan.com Bl/271?B05 13:50 9543643263 I-mDA FI PAGE 01 i . 6) . Rick Ca...: Honda . . 15700 Rick Ca,c Rand. Way . navie Fl 33331 . . 954.364.3000 . . . To: Andy Arena fIIX: 561.243.78J6 From: Daniel Demar Date: 7/2712005 Re: Quote PegM: 2 including this cover sheet cc: Cl Urgent D Far R8vI8w D Please CommenI o PIed8e Reply o PIe888~ . . . . . . . ". , , .. ..to . ': " - .. " .... " , <, ' . , .. .....< ..:.(' ;. ; - , '" ,'( , ," :c ~ ........ ~~ ~ . .... ....... ...."""'.... "'0(' .. . .. .... .......... . -..~ ~.;.... t::. ">>t:, .,. .,;--' ..,..... .. -, , , ,- . ....................... , ' . .)' . M .' " .. ','M ....., .'. ~ . '" :"'N ;.'.. l><.. ...... ,on.) ,.. .... 07.,127/2005 13:50 9543643263 HONDA FI PAGE 02 , 4. Andy Arena, As per your request for 8-10 Honda Civics we are able to offer the following. 2005 Honda Civic Lx White (PWt pd1t keyless entry, Cruise Control. Cd, AM FM, Automatic Transmission) Zero money Down (Sign and Drive) We make first payment and Tag 36 month lease (35 remaining payments) $249 Plus any taxes that apply. If there are any questions please feel free to contact Dan Demar at Rick Case Honda. 954.364.3140 Direct 954.326.7148 Cell danieldemar@rickc:ase.CQm (l.r 00 C> fI/I;U\"- JUL 28 2005 9:34AM HP LASERJET 3200 p. 1 ---.----.-.- . :t:ONDA.. (g) lnancial ScrvlC!ctl Leadership Leasing" CLOSED-END VEHICLE LEASE AGREEMENT - FLORIDA ItIlrnt of Llllt... NwrwlDluao' 8trttlAd_ , ,...- -- Cltf CIlJ cny ....lIp -~ IItII.Zlp CItIo\Y Coonlp DtIIIr Nu"'" ......Ct-~ 0_.... _. By s1gnlnt lhls Lease. Lesse~ rr, "my", "mel:grae to lease the Vehicle, descrllled b61ow, according to the terms on bath sides of lhis Lease. I accept deIJve:y CIf the Vehicle and acknowledge ttiat It Is good operatl~ 0 er, 8~Ulllped as crlbed and has the odometer reading recorded below. "lessor" refers to the Lessor ("Dealer') named abCMl and Assignee. American Honda finance Corporation (AJ:i ) will adm nlsf8r this lease. Aalgner. HONDA LEASE TRUST LEASETIRM: _ MONnIS. , VEHICLE;DESQRlPTI()N"'~1"~"':P~;\~;;" ,;":.!... :. ;'. '.:"< .".":. " - ,", " d :. '.",! I . 'J]f)'.1 '.~ ~, New! Year/MakelModel Body Style VehIcle Identltcation Number Odometer Primary Use: Used Reading o Personal, Family, or Household o Business, Commeltlal, Agtlcllltural. or Lessee Is an organization Dr govemmental entity Including Standard M.nlllacturer Installed Fllturas (Illlless replaced !tV Ipgnded equlpmeal) and 1he following Dealer Installed Options: _ Air Conditioning _ Leather Interior _ Power Moonroof _ Custom Wheels _ Rear Wing Spoiler _Alarm System Audio System Includes: _ AMIFM Stereo _ AMIFM Stereo with cassette Player _ Cassette Player _ CD Changer _ CD Player Other Dealer Installed Options: I I ,. , f.e(ltefnlzed'Blll0W) .... $ Is due on ~ I *ITEtVlIZATION OF AMOUNT ou,: ,~r:LI:~S.~ SIGtJlNG ' : : i Amount Dill at lease Signing How the Amount Due at Lease SIgning will be Paid Capitalized COst Reduction (Amount Paid in Cash) ....................... ~ Credit for Net Trade-In Allowance I SaleslUs8 Tax on Amount Paid In Cash ............................... + Year _ Make Model ~ Capitalized Cost Reduction (Cre!!lt tor Net Trade-In Allowance) ..... + Rebates: + Sales/Usa Tax on Credit lor Net Trade.ln Allowance ........... + Noncash Credits: + Advanct Monthly Payment (1st Month) .......................................... + Amount Paid By: + Advance Single Paymant (If Single Paymen1 Lease) ....................... + Amount to be PaId In Casl1: ................................... ........ + Re1undablll Security Deposit .............. ............................................ + TOTAL ................_........._...._................._........ - $ Initial TItle Fees ................................................................................ + Initial Registration Fees ................................................................... + Other: + Other: + Other: + TOTAL ..._..._.............._..__.........._._.........._............ - ~ GROSS CAPITALIZED COST ......,...............:$) For an Itemization of this amount. please chllCk this box: 0 The agreed UpOA value of the Vehicle ( ~ 1 and any items I pay for over the Lease Term (such as taxes, fees, service contracts, insurance, and any outstanding prior credit or lease balance). CAPITALIZED COST REDUCTION ...............- The amount of any net trade-In allowance, rabate. noncash credit, or cash t pay that reduces the gross capltallzed cost, ADJUSTED CAPITALIZED COST ................ - The amount lIsed In calculating my base monthly or single payment RESIDUAL VALUE .......................................- The est/mated value of the Vehicle at the scheduled end of the Laase Tarm used in calculating my base DEPRECIATION AND AffY AMORTIZED monthly or single payment. AMOUNTS ................................,........ m ,. - The amount charged lor the Vehicle's decline in value through normal use ClAd for other Items paid over the Lease Term. RENT CHARGE ........................................... + The amount charged In addition to th& depreciation and any amortized amounts, TOTAL OF BASE PAYMENT(S) ................... - The depreciation and any amortized amounts plus the rent charge. LEASE PAYMENTS ..................................... + The number of payments require!! during the term 01 my Lease. BASE MONTHLYISINGLE PAYMENT .......... - MONTHLY SALESIUSE TAX ....................... + !'lAI F!:vII~F TAX (SINGLE PAYMENT) ....... + JUL 28 2005 9:35AM HP LASERJET 3200 . UI".. "...., ,.....'..,."....._ I ... ....... . - p.2 - EARLY,TERMINAnON: I may lIi1vt to:p~ a iiabstandal cllirii1f" edWJ,ii"i~'J.~r~ .ifte1i:liarlilm.y bll'up t6 senral tItounnd dollars. The actual charg. wm lIepaRIJ on I ,~n,tb81e8s"1I81'mlflalld.:Thlla .t~r I ~,nclthe Lelll,llIe Dri~~n~!!.-IJ!!q~. "I _~!,to.~!: '. .-"':' '..:.. .' . - .- . . ~ ':'. ".,~. ~,::.. EXCESSIVE WEAR AND USE. I may be charged for excessive wear based on Lessor's standards for normal use and for mlleaoe In excess of miles per year al the rate of cents per mIle. PURCHASE OPlION AT END OF LEASE TERM. I have an option to purchase the Vehicle AS-IS, WHERE-IS at the end of the Lease Term for :s> , plus any required taxes and faes. OTHER IMPORTANT TERMS. 'Review t~l~ Lease for additional information on early termlnatlDn, purchase optlons, maintenance responsibilities warranties rate and defaun charoas. insurance ami anv seellrl Interests n almlicable. ' , ttThis charge represents costs and profit 10 the dealer for items such as Inspecting, cleaning, and adjusting vehicles, and preparing documents related to the sale v.E ' CLEWA ANTlE ~".J. '::',; _~;J A:~~}ff'1:::Ji!:;~r V"A"":!~~"'f.~~.t.':-N'rl" "'-<-r ~:...V~<~t taJI~~~~j.l~t~ilm~~~ If the Vehicle Is new, It Is covered by the Manufacturer's New Vehicle Warranty If the r agree to pay wilen due or reimburse Lessor for all tltle/license/registratlonlofficial fees Vehicle is new or used, It is not covered by any other warranty unless Identi1led below: and taxes over the term of my Lease (including any extensions), whether paid at lease _ Remainder of Manufacturer's New Vehicle Warranty Signing, included In my monthly payments or assessed otherwise. Lessor estimates this _ Manufacturer's Used Vehicle Umltec Warranty, amount to be:.................... ........................ ............................... ~ _ Manufacturer's Extended Warranty. The actual total of fees and taxes may be higher, or lower, depending upon whether the _ Other: garaging address of the vehicle changes, and on the tax rales In effect, or the value of the Vehicle at the time a fee or tax IS assessed. Some taxes and fees may come due after the Lessor assigns to me all of its rights in the above specified warranties. LESSOR LEASES Lease terminates. I agree to pay any such amounts within 10 days of belno Invoiced. I THE VEHICLE "AS-IS" AND MAKES NO WARRANTIES, EXPRESS OR IMPLIED, will be responsible for any fines Dr penalties if I fail to pay the bill when due. REGARDING THE VEHICLE AND SPECIFICALLY DISCLAIMSANY WARRANTIES IMPLIED '~=j;lr~~ ANCE,' $:' '~",~-;,.:..'" :,',. .\ , , '. . ~ ~ . \~. 't ': BY LAW, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF I Will pay for and maintain during the Lease torm, and until the Vehicle Is relurned to. Lessor, MERCHANTABIlITY AND FITNESS FOR ANY PARTICULAR PURPOSE, insurance on the Vehicle which has the follOWing minimum coverages: (1) Public Liability Insurance that eitner C<.lvers up to $100,000 for bodily injuries to anyone person, $300,000 for bodily Injuries for any one accident, and $80,000 lor property damage, OT ER CHARGES. , ", '. ~ ~ , or has a comblned single limit of $500,000 for bodily injuries and properly damage for ~c. 'L ., _. .,.'r>',"", - ' , - , . anyone accident: and (2) Physical Damage Insurance covering 10$8 or damage'to tne I understand that the "Other Charges" arid "Total of Payments" boxes above do not reflect Whicle, With deducUbles 01 no more than $1,000 for collision and upset lass and amounts collected on behalf 01 third parties (such as property taxes, fines, fees, elc.) or $1,000 for cDmprehensive lire and theft loss, The Policy ell Public LlabiUty Insurance charges imposed if I fall to abide by or modify the terms of thiS Lease. I am also responsible must show Assignee as an eddltional insured The policy of Physical Damage Insurance for these amounts and will refer to all other terms and conditions of this Lease for a must show Assignee as loss payee. I may choose to get the required coverages myself or description of all charges due. through any person. The policies must be written by an Insurancll company acceptable to Lessor. I agree to provide written proof 01 Insurance to Lessor upon request, and authorize Lessor, and Its agents, to conlact my insurance agent and insurance company to verify Eli IONAl SEAvICt;'iCONTFtAt:t.~,' :'..,'~~<::': :"" <- < ~ ~. , -';' J ! ~}t} coverage as required by this Lease. I further authorize Lessor to endorse my narne(s) on any check or draft from my insurance company lor any claim. LBssor may change the An optIonal service contract promises to perform services or provide benefits relatina to amounts of required insurance, I acknowledge that the limits required under this Lease mal the maintenance or repair 01 the Vehicle. These coverages are not prelvided by the Lessor. not be sufficient for mreeds, and will see rr1lnsurance a~ent for more Information. TH I must pursue a" matters relating to these coverages through the provider. The terms and VALID AND ~OL ECTIBLE lIABIL TV INSU ANCE AND PERSONAL conditions ior these coverages are in a separate contract, which I have read and received, INJURY PRO ECTION INSURANCE OF ANY AUTHORIZED RENTAL DR LEASING DRIVER IS PRIMARY FOR THE LIMITS OF LIABILITY AND Price, ~ Provider: PERSONAL INJURY PROTECTION COVERAGE REQUIRED BY SECTIONS 324.021(7) AND 627.736, FLORIDA STATUTES. All insurance related Price: $ ProvIder: information must be addressed to the Assignee, c/o pop Services, P.O. Box 650201, Hunt VaUey, Maryland 2t 065-0201. If the price of any service contract Is not Included In the Amount Due at Lease Signing, the price will be I neluded in tha Gross Capl1allzed Cost and will be subject to rent charges. Insurance Company Name Policy Number Agent Nlme AQent Ttlephon. Agmt Address at)' Slatl ZIp Code DISCLOSURES REQUIRED BY FLORIDA LAW. FOR PURPOSES OF THIS NOTICE, THE REFERENCES TO "YOU" AND "YOUR" REFER TO THE LESSEE. THIS IS A lEASE AGREEMENT. THIS IS NOT A PURCHASE AGREEMENT. PLEASE REVIEW THESE MAITERS CAREFULLY AND SEEK INDEPENDENT PROFESSIONAL ADVICE IF YOU HAVE ANY QUESTIONS CONCERNING THIS TRANSACTION. YOU ARE ENTITLED TO AN EXACT COPY OF THE AGREEMENT YOU SIGN. NOTICES TO LESSEE~S): ~1 CAUTION -IT IS IMPORTANT THAT I THOROUGHLY READ nllS AGREEMENT BEFORE I SIGN rr.eW) I WILL NOT SIGN THIS AGREEMENT BEFOR I R 0 BOTH SIDES OF IT OR IF IT CONTAINS ANY BLANK SPACES TO BE FILLED IN. (3) I AM ENTITl TO AN EXACT COPY OF THE LEASE I SIGN. I WILL KEEP IT TO PROTECT MY LEGAL RIGHTS. BY SIGNING BB.OW, I ACKNOWLEDGE THAT 1 HAVE READ BOTH SIDES AND RECEIVED A COMPLETED COPY OF THIS LEASE AGREEMENT. WARNING - UNLESS A CHARGE IS INCLUDED IN THIS AGREEMENT FOR PUBLIC LIABILITY OR PROPERTY DAMAGE INSURANCE, NONE IS PROVIDED BY LESSOR. BY SIGNING BELOW, YOU ACKNOWLEDGE THAT YOU HAVE READ AND RECBVED A COMPLETED COPY OF THIS LEASE AGREEMENT. LESSEE: BY' TITLE: LESSEE: BY: TITLE: Lessor acceptS 1hls Lease and assigns all right, title, and Interest In thls Lease and the Vehicle described herein, and Lessor's rights under any guaranty signed In connection with this Lease, to Assignee. Lessor (Dealer): By: TItle: - - ---- -..----- .--.-.-..... -_............ .........~JII'IIll..............I"..~ JUL, ~8 2005 9:35AM HP LASERJET 3200 p.3 ,- . I . . , ' ':' VeffICLE'~A!NTENAN'CE"A:N'a:-lOSSt.;t"':'-~lii'''',;'r'.''''''':"t.\,1.~;.-.t::;,',,' ,.'":';": .~-;\ I , -: ~ ~ '''''. I. l I .,'~... .: ",tt.;;~{t~~t~.,h,~~}f,t..;!...~... ~""'~~''',:r. ~:~>:;~~ "~~ l'":~,,,,"~ - - - I EHICLE MAINTEN~CE A~o.:OPERATI"'G.COSTS: hV/in (EI) allow unll~8ed drivers to operate the Vehicle; (b) IJse or allow the Vehicle to aInta1n the. Vehicle in good Yforldng order and condition and have all nec,~ry be used UlegaUy, improper1y, or to transport goo<1s or people for pay; (c:) lJ30 the ~Ira made, using genuine manufacturer'll replacement ~rts..I will pay all Vehicle in a way that causes cancellation or !SUSpension of insurance or cau_ cpenses for Vehicle use and operation, Including mainten8l1ce, repair, fluids, the manufacturer'll wa'Tanty to become ....oid; (el) use the Vehicle to pull trailerS "&5 and other expenses. At my expense. I will have the Vehicle $enticed in that exc.-eed the manufacturer's trailer towing recommendations; (e) remove the I ;oordance with the manufacturer's minimum recommendations and as requested Vol,lcle from the 48'oof'ltiguous United States wlthoutAHFC's written consent; or I I the manufacturer In connection with any recall campaign, have the servIce (1) change, mark or Install equipment In the Vehlcla without AHFC's written COMent. I Ulc\ated, and be able to provide proof that such servlce has been perlonned. -.or may Inspect the Vehicle at any reasonable time. REGISTRATION: I v~1II register the Vehicle, as required in the state whore the I ISE: , wlR notify my Insurance company and AHFClmmediately of any damage Vehicle is garaged and pay for all license, title and regIstration costs, If I move or I change the Vehicle's ,garaging address, I will notify AHFC Immediately and pay ,or loss of the Vehicle, and willl'.ooperate following any such incident. I will not: for all resultmg taxes a'1~ title, registration or other fees, I, I , ! ." .. '., .., , .' EN INQ'~((;EASE"'" - """. . .' "." . ,.~ - '" , ~. . '~,!'. .~L' ~'f"... !.- "". D ., -.- <' '.::::,~l~. {_:".,::j,,~.~...~f,""'l~.!'J'''' _, .~i;\:>: l'".... "'.-;:,"' 'f"' . "~J'~ .... '.' " " ' - ,- ,.' ;' I: '" ~ '~''''_ ' .' . ~ ,P ',"':'1 i - Jl~"....~"'j",<, ,- 't""~t ~ '" .,'~ ~. . \ }', o' .;,' , " , ,~ ," , . ", .,.t'. URCHASE OPTION PRIOR' TO 'THE END OF LEA.SE TERM: under this Lease at its Inception; and on the IlSsumptlo,n,*,itv\:!I! gq, full term. If 18ve the option to purchase the Vehic:le AS IS, WHERE IS at arty time the Lease is terminated early, the Laase Will be treated "a~ one 'whibh calls ~or nl8S88 'governmental agency has seized the Vehlclo and Instruc.ted lossor not monthly pa~'1'Tlents, eal1h In the amount o(ltte:AdvaticeISinQjf{PayrnontdMd9d t release the Vehicle to me). This purehase option may be exercised 2D)y. by the'-"by the number" of nio~s Irf the Lease Term:'llen rny-earJytel'lTlinatfOn llal>lUty !81I8e, If I pwehase the Vehicle prior to the end of the LElQSe Term, the purcha.8e w'" ~ calculated in the manner setforth under "I:=.arly TermInation Lease Uabtllty-. 1ce wID be the AdJustild Lease' Balanoe (described In the paragraph' below), " " " ; ,,' I " , us (I) allY payments or olher charges dUe and unpaid under this Lease (except SCHEDULED EN 0 OF LEASE LIABILITY: I agree lhat if I ~o n<}t <cess mileage anq excessive wear and IJS{l charges) and O~ any taxes or fees pllrchasc tl'le Vshlcle at the end of the Lease, my payment liability at that time will oquired by law In connectlon WIth the purchase. I will re-register and re-title the be the 'Sum of: (a) any monthly pnyments already due and unpaid Drld any other I !Jhicle III niy namest the time I ~nrh~SC\}t If I fail to do so, Lesspr.~y.~?el ,amountS arising from r:Y, failure to k~p in)' pr~mlses un!:1erthi:;> Lease~ plus.{b} I8regtstratlon. . '~""" '. ' . I, any~cessl....eWearandU~flamounls,deflnedbelow;plu!(c)al1yexcessmitea~ , . '. ." . f. charges; plus (d) any offICIal fees and taxe~'lmpOsed In conneotiOn with Lease he Adjusted Lease Bal8nce Is the unamortized portion of the Ad/Usted Capitalized ..., telTTllnatlon. " ~ , ' . ' oat, determined on an Actuarial basis, where earnings are accrued on the first '. : 1: ~ ft/ of every period. "Actuarial basis. method means the method of allocating EXCESSIVE .WEAR. AND USE/EXCESS MILEAGE: If I do not '" .~ Paymet;l~:~~: (I) t/le' fediQtlOn 9f the:~db.JI*, .~lfalTf.ed purchase t!J~rtel;1Ji:le at the andpf my'SQheO,,!I~.!1 Lease ~su~eC.t}o the oet tdN'Resldual'4loltOva; the':fem;e Term; anti (iij Rent Charges. Under4t.ht ,limited waivel"bEilow, '.wllI relmbtirae t:essor for the amount Ifwolid"'Ct:lsfll1essdr ~9d. a Base Monthly Payment ls--ajJpIiecl1lrst to the accumulated Rent Charges to Npalr .e)(~ivetweal' and. use to the Vehicle. whetlwr or noH.esaor. makes nd any 1'emalncler Is subtracted from. or any' deficiency is added to, the balance repalr.s. "Excessive Wear .and Usa" Includes, but is not Iirnited to: (aJ ally r t~ Adjusted .9.~ltallzed Cost. ~ ,~ ~ , t":r'- mechanical defect or f&n ura; (b) ''broken of m1S~ing part!\ or accessories (including ,., I ";'".-, missing keys or remoi'l.ent"y'de"ilICes); (c) damaged body, fenders. metal work, IOTICE: If I exercise the Purct1ase Option under this Lease, I acknowledge lights or trim, or dama~leCl Or tlroken glass; (d)'pairJt whlch Is chipped; (e) interior lat AHFC, on barndf of Assignee. does hereby transfer, set over and assign all of lipS, Shll/IS, bums, or e)'.cE\Ssjv~ly worn ,S!'6lfUlo;'(f).Il1IStllnq or l'nsafe \"Ihep.ll> Or I rights (but not Its obligations) to BeU such Vehicle to Honda Fj~ance ExchangEl, ures (including spare), Ures Witll less than 1/sth 1I1cJ1 of.lteacJ r811laining at Lhe IC. pl.l'&usnt to the Sub-Servicing and Master ExCh~e AgreGmen~ between sI1allowest point; (g) da'TIsge or any other condition that makes tile VehIcle unsafe Hr-C and 't1Onda' Finance Exchange"Inc. Notice Is. ereby given that or unlawful 10 operate; or (h) safety and emlssiQ1l control equipment not in ploper ~I of the rights (but not the obligations))o sell ttie Vehicle wo~mg order,. I also agree to pay for excess mIleage as staled on the other" sict,e IBve been assigned to Honda 'Finance '-=:)Cchange, Inc. under the paragraph entitled -ExceSSIve Wear and Use". ' , I.. I . tUrsuant to such Master exChange Agreement. : LIMITED EXCESSIVE WEAR AND USE WAIVER: If I' am fn , ' :ARLY TERMINATION LEASE LIABIUTY: If' de~lde to terminate compliance w~h all terms ~d conditions of, thIs Lease at the scheduled Lea.~ lis Laase early. I will retum the Veh!cle to Lessor on the due date of a monthly end (1ncludlng, witho..lt limitation, payment Obligations and insurance &.ymem. , will owe Lessor. (a) any monthly payments already (juei'and unpaid requirements),1.oosor agrees to waive Exr;esslve Wear and Use Charges r.8used nd any other amounts owed Ellising from my failure to keep promises UnQ9I" this bV one or m01o'slnRle Events, ~c.hQi~o.h total leS$ than $800 to repair, up tp eaee; plus (b) any offlCia! f~ and taxes impose<! in con~ecliOn ,v..\1h the (l. maximum of $1500 waived. t remain responsible for the CO$t Q'f mnlnation; plus (o) the amollnt. If any, by which the then Adjusted Lease Balance any damage ari$ing from anv sin~a event that would co~t fetermint'd a~ described above) exceeds the ReAlized Value of the Vehicle, $500 or more to re~alr, and for xcessive Wear and Use escribed below, at early termination Lessor may terminate this Lease :at I;lny Charges exceedi'1g 1500. A "Dingle event" is a single occurrence that me If the Lease is in default, or If the Vehicle Is lost, ,>tolen or destroyed, in resvlts in damage to the Vehicle. A single occurrenoe may result in damage to rhlch Cllse I alSQ agree to pay Lessor's costs of repossessing, storing and multiple areas pt the Vehicle (as in front and back. or both sides) but would be '8I1Sportlng the VehIcle as well as Lessor's costs of collection, Includinq court consldere<.l tl single event for purposes of this limited Waiver. ' ost:s and reasonable attorneys' fees, to the extent permitted by law. I RETURN OF THE VEHICLE: Whether the Lease is terminated early or Wi ~RMINATION OF AEALlZED- VALUE OF THE VEHICLE: scheduled, I agree to ruturn the VehlCie to the Dealer's addresS as shown on this . he Realized Vallie of the Vehlcle upon early tennlnatlon will be determined In Lease or to any address AHFC specifies. If I keep possession of the Vehicle past ! ne of the follov..~ng ways: (a) by written ag~ement between'Lessor and'me, the Lease Term. I agrt'e to continue monthly payments, but I understand that rovided It is signed within 10 days 8ft~ r return Ihe Vehicl43 to I.essor; (b) by a continued payment dces not permit me to keep the Vehicle. I agree to pay f9r 1 rofesstonal apptalsal of the wholesale value of the Vehicle, if I choose to ob1a1n any damages that Lessor may suffel because I failed to return the Vehicle at M.at my sole expense within 10 days atteueturning the Vehicle to Lessor.' The Lease termination. , ppralsal must be made by an independent third party who is acceptable to ODOMETER DISCLOSURE STATEMENT: On termination of this I "$Or and to me; the appraised value will then be ttl~ Realized Value;.or (c) If the ;ealized Value 1$ not determined by (a) or (b) above. within 1 q, ~ after I return lease (or upon electIon to purchase the Vehicle). I agree to provide a -signed . Vehicle to Lussor, L.essor will proceed to sell the Vehlcte at wholesale In a " written disclosure to Lessor of the correct odometer mileage on the VehiQIG, ~ ommerclaJly reasonable manner. The net sale price, less any fees and taltEls required by fedomllaw I agree to pay Lessor for any loss, claims, damage, 'costs nposed upon Vehicle disposition, will be the Realized Value. and expenses (lncludir,g legal expenses) whictl result from my failure to promptly p": ' " , provide Lessor with a correct written odometer disclosure statement. F THIS IS A SINGLE PAYMENT,LEASE: The Advance Single Payment mount Is caloufated based on the fact that I pay all, pit!OdIc payments due I " ~ .... _;i;f;.\~.l!U(~!l-~"'K~UlfIG'.1E'I!33m' " ":r:'!:":.~;._:~."i.>;', "~,t ' , ~. '::! /. t:.~'. ~ ~ :. '::'~... < ~,-< . : JUL 28 2005 9:36AM HP LASERJET 3200 I , ;;i.~7 ibi "'b~~kr;:;Ptq, p;;UU;" ~ filed by or against me; (e) a procieedlng In remedy permitted by law, All of less(lf's rights are oumultllllJ& ~CI,~IIw.lQ~ 4 \ '- receivership is filed by ~ a{lalnlrt me or my property, 01' I make an assignment for any action wHI nol prevant the taking of any oltl<< action. I also agree to pay I f \he bClJofll 01 \;10011015; (Ul I lull 10 c\ll11ply with Un: Insurance. raqulN1I1uul:i uf ,lessUl ,1UI wi COIIQctlOllllll\J legal W&I1:;. ulc1uding allleasonsblf.! attorneys' r~ \ I this L.eae; (e) 1 do not repalrormalntalnthe Vehic'e as the Leaserequiras; (f)the and court costs Lessor Incurs, to the extcnt'pei.mltt~ by law," I ' , Vehicle Is lost, stolen. destroyed or detennlned by lesSQl', to. be unl$i.Ilta9~Jor . I ! use; (g) , fall.to answer traffic summons or pay any traffic "~ or othe( fl~ JPTf',L ItOSS PROTECTION: Total Loss Protection ~mlts the amount I when due; (hI the Vehicle becomes subject to a lien; (i) the \Ailhicle is ~or I will owe i1,~ Vehlole fslost, stolen ar deetl'Oyed If the Vehicle Is lost, stole/! or I I . r.onfl8Cated-for eny~etlSon by a law enforcement agen&yt..{j} I break any-of.my de&troyll(/ and I have maintained the required Insurance ooverages and Le&sor I : I)fher agreements in the Lease and such breach slgniftcantly'lrnPali'S'tht'l ProS~.l " receives all Iosurance proceeds, Total Loss Protection will apply and I wAl onlY I of pa)llT1ent. performance. or realization of Lessor's interest In ths Vehicle; or (k) I owe La:ssor for. (l) pa$t due monthly lease payrnonts and other amoums iocurrcp die. Remedies: In the event of default, Lessor lT'ay do any or all o11he following as of the date of the los'!: QI) the insurance doducUble and any amounts deducted I , without giving advBn~ notice to me: Ie) take any reasonablo measures de6igned from the InsulllJlce S6tllarnent for other, pnordamage, elCces.slve wear,lUfi811f1.d I , {tither to correct the delault or to save Lessor Irom loss, In which case I will pay mijeago; and (ili) applicable taxes al,d offidalleeo I.cssor waives, 1I~1UI' I Lessor upon Lessor's request for the costs and expenses Incurred; (b) terminate t~, Its light to co'lact any amount In excess of thed amounts. I agree I I the lease and my rights to possess and use the Vehicle; (c) take. possession of to consult wtth L.essor prior to acceptIng any actual cash value Insurance I the Vehicle by lIny method or manner permllted by law; (d) determine my eettlement offered by my Insurer and to Pfovida Lesllorwlth a copy of the Insurer's tennlnatlon liability on $'l eaI1y terminatIon basis which I agree to pay immediately; settlement statement I , - , ~ .' .':' ~~'~ '~, ,,~~ " ..., ~ "'.{:' ~".'~ ADDITIONAL JNf,ORMATION.',I _.t. ': '."'.', " " " - I ' , r . - , . OWNERSH,1t. this Is a'8ase agreement. Lessor owns the VehiCle. I agree Lease Date, The second payment is due no lator than 34 days after the Lease that this Lease Is B true IeaSIt for talC and other purpos\'l\l,a.nd ttlat Lessor Will Date and must biJ on or between tile 1s' a'ld 28th ollne month. If the lotal recelv8 the benefits of ownership. L8$sor has not given me any information or mon1hly payment Incll,cIes sales or use tax, this payment amounl may vary to advice regarding any possible tax consequencoe or benefits under this L.ease. the extent of any tax hlcrease or decrease. I wlll not change or stop any Lease LESSEE'S REPRESENTATIONS: ~ promise, that I have 9i~ true and payments for any reaeoo. even II the VehICle Ie stolen, destroyed, seized by a governmental ohthority or experiences mechanical problems. correct information In the application for aedlt, and lI,ve,no knowledge that would meke that infOfT11lltlon untrue in the future Lessor has relied on the truth ASSIGNMENT: I alll1lO not 10 transfer. subleaStl, rent, or assign this Lease, and Bccuracy of that Information In entering 11110 thIs Lease, l promise that I have the Vehicle or my rtght to use the Vehicle. This Lease will be assigned to the I given a true payoff amount on any Vehicle traded In. If that pa)lOff Is more than AssIgnee identl1led on the other sIde. AHFC Will admlmster this ~e. "agree to the amount shown In the lterrlzatlon of Amc>unt DUll at Lease Signing on the make all payments and perform nil other obligatJons uncler this l,ease to AHFC. I i front of this Leue. I WIll pay Lessor the excess amount upon demand. acknowledge that AHFC (and Assignee. If different) will not have to make l!l"Y I ., .J I" I", I,"~. . .:' ~ ' I _ 11 repllirs. maintain the Vehicle or perform any of D~ler's duties under this l...e8se. ! , NOnCESlNO WAlVER:'1 agree to notify Lessarwlth1n 30 days of any AHFC has the power 10 act on behalf 01 Assignee to admlnlster, enforce ana f chenge In my addl8S8. Unless" notlfy lessor In writing' oIl!lt'iy ~hange In my defend this Lease. I I addresS: arrt 'notices Lessor lsends me IIf1l sufficient if sent to rrti address as I ~ iM'~tNse. Lesser Can' waive or deiay the enfo~ dim ri~'8s CREDIT REPORTING: I authorize AHFC and its afflHates. at any 1Ima, to ! "'to ~~ I signing this LeaM wlll10ut affecting Its rights ule arly'Other persOIl reinvestigate any Information provided on my credit application I1I1d to verify my , . iIlQl'1l,RQ ttft~,Le::.,1 abe agreeth'at Lessorcanrelee.seMyitig~'f~ '!i~prher cumm1 credit stancllng and,.in the course ~ doing so, request and receive credit I f ,<?~!Q~~o.~,~r, . ~t,~g!'I"Y other sign",r fro"'!,!.f:1eJr q~IP'~~~ ,.: ' bureau reports, If I def3u1t under this Lease, I authorize AHFC and Its afIiIlates to I ; ~1J. P.HA~El.,RETURNED CHECK'"Ct1~G~\,WIII ~ a late make any credit inquiries AHFC ai1d its affihates deem.appropriate, an<l underst~ I that a negative credit report reflecting on my credit record may be submltled to a I ~ !'lI~lJO the!esser 01 $25 or 8% of the unpjli~ ~~ ,9fI,eny payment credit reporting agency. I authorize AHFC and Its affiliates and others to exChange : thf,t is O!?t.~~VlilcJwlthln 10 days after It Is due, or~ct1.~~ amounl~s set credit, account, and f'nanclal InformatIOn about me at any timo. except to the I by ...,1;)/(,1 t.alsq pay a $28 oharge for allY cheCK 01' ~Iar IflSff.flf1)allt retlJl'Tl8d o1ctent I have Instructed you otherwIse. I i ~~,81))' n18son.~,.. 11' \o'f ['I :l:,t, '. . 1 I . _".. I JOINT AND SEVERAL UABILlTY: If this L..ease Is signed by more than I SEOURITY DEPOSIT: A refundable security deposit may be part of'the one Lessee. each L$'3eEl1s lnclllllduaRy liable for the eJTbre amount owing under I 1iaym8rtt f rmil<e When I sign thIS (ease. At lease termination; whether-ear1y_dr lIS this Lease In addition 10 being jointly liable wtth other Lessees. , I , ~ufed;~tM'deduct f~tHe ~d,po6Itan(~nts I oweu'nder 1 : thls l~~ ~ 'dO ~ .~. If I. My .pertor'(l'l.rrtf. ~b~~~~.1Jilder this Lease. MODIFICATIONS/GOVERNING LAW: This Lease sets forth all of the f upcn1(!rmu'latlor! any ~itofth~''ie<;t!~ftY deposit n.l:2t tt~lteG will be retvnded to agreements between Lessor and Lessee for the Lease of the Vehicle, and no I me. In the evenfi:..e88or has not belitI bllled for persOnal property taxes for the modlflcation of this Lease shall be valid unless It Is made in writing !lnd signad by , j VehiCle' for thir.Je4r (or~part thefeo1) In which the 'Lease 'terminates, I authorize Lessor and lessee. If any provision of this Lease Is unenloroeable 01' invalid, that I ! Lessor to retain a portion of the security deposit estimated to cover any personal prOVision shall be severed from the remainder of the Lease and the valldtty and i property taJC allOCBUon for such year and apply It to the tax when due. No Interest, enforcaablhty of the remaining provisions shall not be affected or Impaired. This inCl'GElse or profits win ,~u~ or be paid to me on the MCurlty dep~t. Lease Is to be goverMd by the laws oI1he stale 01 Dealer's business, SECURITY INTEREST: I give Lessor a security Intel'96t in the proceeds. REIMBURSEMENT AGREEMENT: I agree that I wID reimburse Lessor cancellation retundll or other rights I may have under any Inauranoe, repair or for any toss or damage to the Vehicle and wi. Indemnify lessor from an claims. service contract whose cost Is Included in the tolat monthly payment, I authorize losses, and costs reluted to the use. maintenance or condition 01 th8 Vehicle. AHFC, on my behalf, to ~Ive and endorse checks or drafts, and ~ltle or release Ii Lessor pays any repair bills. storage bills. laKes. fines, tickets or other charges I~ ~:'?l~~:<Irn;~~_f~~to the~'s ow~~.~~~,~]~hlcle. on the Veh~, I agree to repay the amount, to Lessor immediately upon demand If I do not pay, I will reimburse AHFC and pay a,$20 administrative fee. unless , ~A'l(ME~I1EDU~: I agree io mak& pa)'fl'*\flI t~~ atOOf'!:Jmg to 'prohibited by law,. for eveIY suctt, fine, tlckel, perialty or other cherge p81d o,n t~ ~edul. sh~ on the rever'!S8 side. The f~t monthly payment Is fI\l8 01'\ the my behalf. l .,1 , . ~.. ,.-: .~ ,: i~f~ .~'.' i'l \ , .... ~~ , ~~"~ . ;"l..q~' I " ,. . ~ i \t i \ . I . ~ , ' . - ". .' . ;. I -. _. _ :~.i.EASE ~F..~ARAT~ ~~ ~OPIES BE~~R~.~I_GNI~r~~UA~.:ORIGI~ SIGNATUF.l~ REQOIRED O~Al,L.'(J~~, . , .. ~ .f'" _ "II . GUARANTY: 'Vwe joIntl; and eeverallY gUlI/'8Ilty payment'of all amounts owed under ihJs lease, Tllia I1'Ie8l1S thai If the L8sSee(s)faRs to pay any money owed, VWe wUlPllY itlJ/lOlIlIefault under the lease,lessor m~ K:;()(;ee(f lmmeclataly against me/us for payment.lf/thout Brsl proceeclng against tile lasS8'llsl. any other guarantor, or any 118CI;r\ty. Will ~Isowlll be lable for I aI feas', including attorneys ll88.'1hafUle l..esaor Incul& fn enforclng the Lea&e or tIlll gUe~l'1 ur lluararrly of ta~mtnt Is lHlCondltlOllat. and wIn not be e1fec:tecl by any seUlament. i extenalon.renewal or amendment of the Lease. or ttle release of any person or securtty,lJWe aU ootIcse 01 every md and nature 8IId also walV& an rlgl1ts tD demand and prellelJlment.' I . ' , ,- '\ . .. I , ~. ,..- ' , I Co.SlllnerlGuarontor Stgnature Print Nama Co-SllInerfGueranlor ~rnrture Print Name SEE OTHER SIDE FOR ADDITIONAL TERMS AND CONDITIONS ~ , I LS FL-1Il1tlO3 I L - Date: July 28. 2005 AGENDA ITEM NUMBER: X0- AGENDA REOUEST Request to be placed on: --X- Consent Agenda _ Regular Agenda _ Workshop Agenda_ _ Special Agenda When: August 2.. 2005 Description of agenda item (who, what, where, how much): The current lease on Seven C0 of the Police Department volunteer vehicles expires 09/06/2005. After looking at a lot of different vehicles the Department has decided to switch to Honda Civics. Based on our FY 2005/2006 proposed budget amount of $2,100 per month, the Department would be able to lease nine (9) Honda Civics, for a slight increase of $141.00 per month, instead of the seven vehicles that are currendy leased. By obtaining two additional vehicles the Department will be able to put out more patrols on a daily basis, more vehicles would be available for special events and cover vehicle maintenance and repairs. Attached you will find a letter and sample Motor Vehicle Lease Agreement with Rick Case Honda for 36 months @ $249.00 per month per vehicle. (Note: The first month is free due to the zero down sign & drive program) The total lease price for all nine (9) vehicles for 36 months is $78,435.00 Funding for this budget year is available from 001-2113-521-44.40 ==~tH~~~~ City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: Q/ No Initials: UbL Account Number f} 0 I r 2 II 3 - t7?! . tjt./ - tj 0 Description V --efu"t b- r;?ula-l . (i,,'hfilak IU LULJ;'I' $<<710 ~/a6~ Account Balance: & / ()/ c; J i-, t-/Y (/. y ~ ~ V-Uw/-Ie S j .fA/! tTU r; It h- crov.e r' ~~O'.D *0 mOnM s I~q 5..e/ J>ay~S'). Funding Alternatives: (if applica~ FtoS'~....f~ I~ .44~, y 7t> City Manager Review: Approved for Agen<1@No Initials: 2A16t>( Hold Until: Agenda Coordinator Review: - ~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: f CITY MANAGER SUBJECT: AGENDA ITEM # ~K REGULAR MEETING OF AUGUST 2, 2005 REPORT OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS DATE: JULY 29, 2005 Attached is the Report of Appealable Land Use Items for the period July 18,2005 through July 29, 2005. It informs the Commission of the various land use actions taken by the designated boards that may be appealed by the City Commission. Recommend review of the appealable actions for the period stated. Receive and file the report as appropriate. S:\C1ty Clerk\agenda memos\apagmem 080205 ~~ r CITY COMMISSION DOCUMENTATION I TO: DAVID T. HARDEN, CITY MANAGER ~~ --lAC!- THRU: PAUL DORLlNG, DIRECTOR ~LANNING~N&1c;aING FROM: JASMIN ALLEN, PLANNER /, ~f\ (ltfjdJ SUBJECT: MEETING OF AUGUST 2, 2-t5 *CONSENT AGENDA * REPORT OF APPEALABLE LAND USE ITEMS JULY 18, 2005 THRU JULY 29, 2005 I ACTION REQUESTED OF THE COMMISSION I The action requested of the City Commission is that of review of appealable actions which were made by various Boards during the period of July 18, 2005 through July 29, 2005. I BACKGROUND I This is the method of informing the City Commission of the land use actions, taken by designated Boards, which may be appealed by the City Commission. After this meeting, the appeal period shall expire (unless the 10 day minimum has not occurred). Section 2.4.7(E) of the LDRs applies. In summary, it provides that the City Commission hears appeals of actions taken by an approving Board It also provides that the City Commission may fIle an appeal. To do so: 1. The item must be raised by a Commission member. 2. By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed Item. I PLANNING AND ZONING BOARD MEETING OF JULY 18, 2005 ~ No appealable items were considered by the Planning and Zoning Board. The following items which were considered by the Board will be forwarded to the City Commission for action. . Recommended postponement (5 to 1, Johnny Kincaide dissenting) of the abandonment of that portion of Eve Street lying between U.S, Highway No. 1 and the 20 foot north/south alley . Recommended approval (6 to 0), of a rezoning request from Central Business District (CBD) to Community Facilities (CF) for Delray Community Missionary Baptist Church, located on the north and south sides of SW 1 st Street, west of SW 5th Avenue. . Recommended approval (6 to 0), of a conditional use request to allow the establishment of a kennel (with no on-site disposal of carcasses) and associated pet grooming activities for Beast To Beauty, Inc., located on the east Side of South Congress Avenue, approximately 550 feet north of the C-15 Canal (2905-A South Congress Avenue). . Recommended approval (6 to 0), of the transmittal of Comprehensive Plan Amendment 2005-2 which Includes the following: -- -- -- - -- ---- City Commission Documentation Appealable Items Meetmg of August 2, 2005 Page 2 Amendments to the Text of the Comprehensive Plan Include: a. Future Land Use Element - Modification of the description of the Medium Density FLUM designation to include provisions for increased density to approximately 18 units/acre within the boundaries of special overlay districts to accommodate higher density residential development subject to the provision of workforce housing; b Future Land Use Element - Modification of the description of the Transitional FLUM designation to include provisions for increased density to approximately 18 units/acre within the boundaries of special overlay districts to accommodate higher density residential development subject to the provIsion of workforce housing; c. Future Land Use Element - Modification of the description of the General Commercial FLUM designation to include provisions for increased density to approximately 18 units/acre within the boundaries of special overlay districts to accommodate higher density residential development subject to the provision of workforce housing; d. Future Land Use Element - Add Policy regarding creation of an overlay district for the Congress Avenue Corridor to encourage the development of Class A corporate offices, e. Transportation Element - Add Policy regarding the change of NE/SE 15t Streets from one-way back to two way traffic. f. Transportation Element - Add Policy regarding enhancement of the US-1 corridor (NE/SE 5th Avenue and NE/SE 6th Avenue) between NE 4th Street and SE 4th Street through beautification and the provision of improved parking and pedestrian circulation. g Transportation Element - Add Policy to seek the reduction of the ultimate right-of-way for Federal Highway from 120 feet to 100 feet, north of George Bush Boulevard h. Housing Element - Revise "Analysis" section to update information pertaining to historically significant housing, i. Open Space and Recreation Element - Update "Analysis", "Conclusions" and "Needs and Recommendations" sections to reflect updated conditions and to be consistent with the adopted City of Delray Beach Parks and Recreation System Master Plan. Amendments to the Future Land Use Map Include' i Recommended approval (6 to 0), of a Future Land Use Map amendment from LD (Low Density Residential 0-5 du/ac) in part and GC (General Commercial) in part, to OS (Open Space) and rezoning from PC (Planned Commercial) in part, and PRD (Planned Residential Development) in part, to OSR (Open Space and Recreation) for the public park within the Bexley Park SubdivIsion located on the east side of Military Trail, north of the L-31 Canal. ii. Recommended approval (6 to 0), of a voluntary annexation (via water service agreement), Future Land Use Map amendment from County CH-8 (Commercial High with an underlying High Residential, 8 units per acre) to (City) GC (General Commercial), In part, and TRN (Transitional), In part and rezoning from County GC/SE (General Commercial/Special Exception) to GC (General Commercial) in part and SAD (Special Activities District) in part for Valero Gas Station, Watkins Motor Lines and Public Self Storage, Inc, located on the west side of Military Trail, 100 feet north of Conklin Drive. City Commission Documentation Appealable Items Meeting of August 2, 2005 Page 3 iil. Recommended approval (6 to 0), of a Future Land Use Map amendment from RDA-3 (Redevelopment Area #3) to MD (Medium Density Residential 5-12 du/ac) and rezonrng from R-1-A (Single Family Residential) to RM (Medium Density Residential) for the Lee property, located on the north side of Linton Boulevard, 660 feet west of SW 4th Avenue. iv. Recommended approval (6 to 0), of a Future Land Use Map amendment from RDA-3 (Redevelopment Area #3) to MD (Residential Medium Density 5-12 du/ac) and rezoning from R-1-A (Single Family Residential) to RM (medium Density Residential) for Lintco multi-family site, generally located at the northwest corner of Linton Boulevard and SW 4th Avenue. . Recommended approval (6 to 0), of an Abandonment of two 20' wide north/south alleyways lying west of Block C and Block D of the Replat of Blocks 2-5 Inclusive of Gulf Stream Estates, located south of Gulf Stream Boulevard, approximately 120 feet west of Webb Avenue. . Recommended approval (6 to 0), of a privately-initiated amendment to the Land Development Regulations Section 4.4.6(D)(11) RM (Medium Density Residential) to expand the geographical location where private beach clubs are allowed. . Recommended approval (6 to 0), of a privately initiated amendment to Land Development Regulation Section 4.4.19(D)(2) to add the storage and rental of heavy construction equipment not over 100' long, 14' wide, and 15' high as a conditional use in the MIC (Mixed Industrial and Commercial) zoning district. ~ SITE PLAN REVIEW AND APPEARANCE BOARD MEETING OF JULY 27, 2005 t A. Approved (6 to 0, Reginald Cox absent), a request for a color change for the Vinings at Delray, an existing rental development located south of Linton Boulevard, east of SW 10th Avenue. 8. Approved with conditions (6 to 0), a Class I site plan modification associated with the installation of telecommunication antennas and equipment box at Palm Court Plaza, located at the southwest corner of Linton Boulevard and Military Trail. C. Approved with conditions (6 to 0), a Class II site plan modification and landscape plan associated with the enlarging the parking lot from 23 spaces to 55 spaces for Casale Marble Imports, located at the southwest corner of SW 1 th Avenue and SW 7th Street. D. Approved with conditions (6 to 0), a Class III site plan modification, landscape plan and archItectural elevation plan associated with the conversion of an approved mixed-use condominium project to a mixed-use hotel development for Seagate Hotel at Atlantic Place, located on the south side of Atlantic Avenue, between Venetian Drive and Gleason Street. E Approved with conditions (6 to 0), a Class V site plan and landscape plan for Cornell Park, a 34 acre park located at the northeast corner of NW 9th Street and NW 4th Avenue. F. Approved with conditions (6 to 0), a Class IV site plan modification, landscape plan and architectural elevation plan associated with the construction of a 3,350 square foot building addition for the Crossroads Club, located at the southwest corner of Lake Ida Road and the CSX Railroad. . City Commission Documentation Appealable Items Meeting of August 2, 2005 Page 4 G. Approved with conditions (6 to 0), a Class V site plan, landscape plan and architectural elevation plan associated with the construction of four townhomes for 5th Street Townhomes, located on the south side of SE 5th Street, east of SE 6th Avenue ~ HISTORIC PRESERVATION BOARD MEEnNG OF JULY 20,2005 I 1. Approved (6 to 0, Michelle Reich absent), a request for a Certificate of Appropriateness assocIated with the InstallatIon of a wall mounted, cabinet style sign for 60 West Atlantic Avenue. 2. Approved (6 to O),a request for a Certificate of Appropriateness associated with the construction of an addition and a change in the roofing material for 407 North Swinton Avenue. ~ RECOMMENDED ACTION I By motion, receive and file this report. Attached: Location Map CITY OF DELRAY BEACH, FLORIDA - City Commission Meeting - AUGUST 2, 2005 L-30 CANAL ~ ~ ~ UJ ~ 5 0 "< '" ~ .... '? ~ ~ UJ '" ~ :e '" I Cl I ~ LAKE IDA ROAD I ;z:1 13 I SI :e LAKE 4:104 I :ill D:: ;:j I c I r- - I L___ r-- I L___J---' r- I I I I L-_ L__ A _______J I I SW 2NDST ...., ATLANTIC In ~ ~ uL, ~ ~ "< "< L ~ ~ '" '" I ~ 31:: 31:: (::J OJ: @ '" '" =!I UJ ~I ~ I '" '" LOWSON BOULEVARD SW 10TH .... ..... I ~ >-1 ~ D:: ~ D:: "< ~ 11::1 '" i!: " ~ ::::JI ~ '" ~ ..... '-' :iil :x: 31:: ~ LINTON BOULEVARD '" 'B ,...~ LINTON BLVD --( I .... ., O(LJ G,c:; 0 I I ~Nro~ L_ I ~ I I "- I I I I i j!:1 I I ~ ~ :l: =>1 I I 'l: :ill L...__-.J .., ~ I i ~ tS I Cl :z ~ u ------------------------ - L-38 CANAL C-15 CANAL ~ SPRAB HPB A. VININGS AT DELRA Y 1. 60 W. A TLANTlC AVE - - - - - CITYLlr.AITS - - - - - B. NEXTEL COMMUNlCA TlONS 2.407 N. SWINTON AVE C. CASALE MARBLE IMPORTS D. SEAGATE HOTEL AT ATLANTIC PLACE I ONE MILE I E. CORNELL PARK GRAPHIC SCALE F. CROSSROADS CLUB G. 5TH STREET TOWNHOMES CITY OF DELRA Y BEACH, FL PLANNING & ZONING DEPARTMENT JUL Y 2005 - - DIGITAL BASE MAP SYSTEM.. - ---------------- MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~ITY MANAGER SUBJECT: AGENDA ITEM # <6'-. - REGULAR MEETING OF AUGUST 2. 200S AWARD OF BIDS AND CONTRACTS DATE: JULY 29, 2005 This is before the City Commission to approve the award of the following bids: 1. Purchase award to Clarke Waste Systems, Inc. in the amount of $25,050.00 for the purchase of an Applied Green Machine Sidewalk Sweeper Model 424 RS. Funding is available from 119-4144-572-64.90 (Beautification Trust Fund/ Other Machinery/Equipment). 2. Purchase award to FireCo, Inc. in the amount of $21,386.00 for the purchase of two (2) hand held ISG K1000 Thermal Imaging Cameras for the Fire Department. Funding is available from 115-0000-248-64.00 (Special Projects Fund/Reserve for Fire Rescue). Recommend approval of the above bids and purchases. s:\C,ty Clerk\agenda memo\B,d Memo 080205 --~---- -~ 7Ite1lUJ mvDF.......~ PURCHASING DIVISION TO: David Harden. City Manager FROM: Palsy Nadal, ~~ THROUGH: Joseph Saffo, nce Director DATE: July 27, 2005 SUBJECT: DOCUMENTATION-CITY COMMISSION MEETING August 02, 2005, 2OOS-GREEN MACHINE SIDEWALK SweEPER Item Before Commission: City Commission is requested to approve the purchase of a Green Machine Sidewalk Sweeper from Clarke Waste Systems Inc., an exclusive distributor of all Applied Sweepers for Florida with the exception of a few counties. The cost for the Green Machine Sidewalk Sweeper is $25,050.00. Cost includes transportation to South Rorida_ The CRA has agreed to fund this equipment. Background: Complying with Purchasing guidetines, proposals were requested and received: VENDOR COST Clarke Waste S stems $22,200.00 Clarke Waste S stems $25,050.00 FL Munici IE ui . Inc. $25,819.00 Pan American Distributors MPV-60 $0.00 - Industrial Onl * The demonstrator model of this sweeper is a recondition unit. The Green Machine Sidewalk Sweeper is a time and manpower saving machine. This equipment will be used to for litter collection from the sidewalks of Atlantic Avenue and NE ~ Avenue. The sweeper will be part of the City's maintenance program for the downtown area and can be utilized in other areas as needed. This is a second purchase which will improve productivity as well as provide a backup unit for this activity. Recommendation: After research for a sweeper with the required specifications and pricing through Florida State Contracts, US Communities, GSA. and Snaps Agreements. Purchasing and the department recommends the purchase of the new model vs. the reconditioned unit a new of the Applied Sweeper 424 RS from Clarke Waste Systems in the amount of $25,050.00. Funding from account code: #119-4144-572-64.90 Attachments: Proposals and Correspondence ~Li. 137/21/213135 138:4121 2437269 PAGE 1212 Jul 20 05 01:4Gp Cla~ke Waste S~ste.s 954 58? 31tH p.2 QUOT4TION - --..--. CLARKE WASTE SYSTEM&, INC. Date: July 20,200.5 ' , . 2651 N..W. 48. Street Quotatiell No. ~ Pompano Beach. FL 33073 P.heae: 9S4I587-7380 Fu: 954/587..3164 www.clarkewaste.com J r Custo..er bUormatiolll: Mr. TlID. sm...... Deb'ay Beada Deu:riptiOD Price ..- Applied Sweep<<I GreeD Mac:lUDe Sidewalk Sweeper'Model 4t4 BS.. nil DDit w:iII be .-a.ppIied with .. staodard equip....t illdJldillg voiu wa.rnhag syste., fold & stow Hat, whoesh waadedlole, ..d oue (1) e2tra 61_ bag. Price ind.,. traDJpOrtatioD to 8.R6rida. S 25,050.08 !!me:. aarke Waste SYBteDu DemODStratol' en- Madame Uadt II ready for ddwery. S 22,SOO.OO ~TE: ABOVE PRICES DO NOT INCLlJOH SAL~S- STATE QR ~DERAL TAXES 1beae pXes are Jina 8Ild wi\J NIDIin ill effect 6rfllXl:)' (60) da)ts &em a1xm qtIllCAtion date.. CI..AIUCE WASTE SYSTEMS, me. Dr. ~ eeL Eric Clarke ;r" --~- - ------- -- 07/21/2005 08:40 2437269 PAGE 01 Jul 20 05 Ol=4Gp Clark. Waste $~$~.ms 954 587 3164 p.l , -. Clarke Waste Systems, Ine.. www.clarke....com 2851 N.W..wlh Straet TEL: (954) 581-7380 Pompano Beaoh. Florida 33073 FAX: ~) 581-3164 FAX#: 561.243.7269 DATE: 4.29.05 NO. OF PAGES INCLUDING COVER SHEET: 2 To: Mr_ TIm Simmons From: Eric~ ~ Gn2en M8c:hine Quotadon Dear Tun. Attactled is the latest quotation for the Grge'1 Machine. I also inCluded our demonstralor unit as . leGs f:JIfPeIISiYe reedy for delivery type of GNen Machine.. Please lei me know" you need anything else. Thanks Tm. SincerBIy, z:; cE! Eric C*ke "- - -- ~, ,~i , >, (~ ~ - .' ,~.. I'~,.. \:~ " '\ ~ " ' ~~~-..:;: \' ' "- \,/ '. ...... ~'-~: : .' ,,... c ., " ,:-., ,~" I '..0 :\ "'- ......:.:::.::. '- :~ [' h" j \., J to I' --=:; - - .~ "~ ';\c '~:, ?' 1Tf:b:::'i) ~. -------:i.; . I:' \ ' .~' I r;>) \ d .,( ~ \ ; --' . f. " "- ~',.t,. -:~- .~ ~ I C/,'--." '" . - '" '. ~ .' ~.. - -'4 ---:~ . ~~.,/ .- --_.~- ~ . -~.~.'- - - '::J' '~~ , f :-:- ~.. I --'. F' '~:l ~.I -.j' C' ~ r ~ ( ~-\I: - _' ,./1 c ___ _~i/ " ] r '~ - ,-"I . - - ) "~----~~ , ~J 1"1' r:;;' p..}. G - L L ..de:':; ~ .. ,.- c":: ~ ~_ e,...' ~ L L ..... .. f.' , - .-~ hI<; - . " r, -; ;:,;~- ,-,.-- I' 1-' ~-," __~> ~: d_C..' ,.l ;:::'--:'~~_/ '.. f~'t~ ;T(~lr; ~ lit .: -"U'UJI ~, ~ " ~~-"'<:,'~' ~ " .. "., 'Yil "'<;;,..-- t! /"\ '" ".f'~I. ,,,<"' "'iy~ , - , ,,', .' 1- 'i . c...~,.".' 'Ii I ~I .l.:~-::..'~ '.1 1- . ~ ~~ ' (/;>/ -'l', !! - _.. r-c- f I.- ....;..:-='~. --~.. _~ <.,.v> '"". t. r, " ,.,' i1 ~-. .-,\,~2.::' -....,. . ( .' ,> -=,r",",,-~C':_::, \: <-~"t:",~'l' ,-~~~ ,', ~f . ,.~ -.-," r ~ -~...:::..;-: --~--'_:- ~~.::_~ ., ~_. '. ," ! .., - ~" .Co ~ I "'---' ._- "---- =~.' .. (. -":: ,.0 ~ --'>Z-- ~ ....... 'PV~~-~~~- /~;'--~ . '.,' , . " ','. '" ~y ~ --"'~'.~" - J ' :. .. \ .; ~ ~ ~ =-=) ~ l>' "" ~- ' ~.I)\ -- .. ~ r,.~('~~"~~ t~ '7'--~~' ' . \ r',,~\ '\S ~-,. ""'V~- -'~ - .;.~. - -;;::.. '\ \, /'. ~ ~,. ,_ .~~~ \~: ..;r~T33t,.-:.t, ; '- - ~~~ ,~, ~~:;~~i i, . .-../'.,/ " ':.---"'::.1" ' -~ .~"'V>:~,' , .~~ . : . ~ ~" , _ . - " 'i.}:i ' ~. l.. -i.:-,~~g;:~i?~~;:5~;:;.; ~~, \. I ( t ! --.- - . . . , " . - - '" '. (~\ - I. Attachment re: City ofDelray Beach Florida Municipal Equipment, Inc. Spike Nagel Territory Manager January 13, 2005 / MadVac Model PS300 Quote c1.~sY (1) Std PS300 including the Following options: 'i10 . V'1 Wander hose with hydraulic shut.off ('" 'Y ~ Hydraulic raiseflower brushes & nozzle ~~~~ Quick releases fold and stow seat w/Mirrors Soft reverse with audible alarm Y6 v Voice messaging system Diesel safety shutdown Collection Bags (100) Total cost of equipment with options: $ 24,619.00 Freight and delivery................... ....$ 1,200.00 ,~ ) ilC Total F.O.B. Delray Beach Parks Department $25,819.00 , Note: This quote will be honored until May 1st, 2005 Anticipated delivery will be 90days from time order is placed with Florida Municipal .Equipment, Inc. 0 PAN ~ICAH PAGE 81 . : 82/13/2885 22:54 9544217193 . Pan American Distribl,ntors 11 II 3315 NE 15" SIr ll$l Ft. l..andenIaIe, FI. 83304 Ph: 954 421 7airS Fax: 9S4 421- 71!~S .. Fax Cover Date: -February 14,2005 TO: Tim Simmons From: Bonny Oliver Page.:- 1 of 1 Fax: 561 243 7269 ' Dear"Mr. Simmons, In regards to your inquiret for a sidewalk sweeper, we will hot be able to supply a machine for your needs since the machines we provide are.mucl11arger than the requirements that are needed for your application. . Please keep us in.mind for any 1\1tu1e needs the City ofDelray might have regatd~ng industrial sweepers and scrobbers. Thank you foryour-tfme. Regards, --. , " Message Page 1 of 1 Nadal, Patsy From: Rooney, Jackie Sent: Friday, July 15, 20055:06 PM To: Nadal, Patsy Subject: FW: Clean and Safe IGreen Machine -----Original Message----- From: Barcinski, Robert Sent: Friday, July 15, 2005 4:42 PM To: Weldon, Joseph Cc: Sinmons, Tim; Rooney, Jackie Subject: FW: Clean and Safe IGreen Machine Proceed with order of second machine. Probably have to put on Commission agenda for approval. -----Original Message----- From: Harden, David Sent: Friday, July 15, 2005 4: 16 PM To: Barcinski, Robert Subject: RE: Clean and Safe IGreen Machine Yes. Go ahead and order it. -----Original Message----- From: Barcinski, Robert Sent: Thursday, July 14,20053:21 PM To: Harden, David Subject: Clean and Safe IGreen Machine The CRA has agreed to fund a green machine. It was our intent to use the funds to purchase the second machine which will improve productivity as well as provide a back up. If you concur I'll get with Joe Weldon and Tim Simmons to get the second machine ordered. 7/19/2005 -- -- AGENDA ITEM NUMBER: ~L.~ AGENDA REQUEST Request to be placed on: August 02, 2006 Date: July 27, 2005 ~ Consent Agenda _ Special Agenda _ Workshop Agenda Description of agenda item: City Commission is requested to approve the purchase of a Green Machine Sidewalk Sweeper from Clarke Waste Systems Inc., an exclusive distributor of all Applied Sweepers for Florida with the exception of a few counties. The cost for the Green Machine Sidewalk SWeeper is $25,050.00. Cost includes transportation to South Florida_ The CRA has agreed to fund this equipment. ORDlNANCElRESOLUTlON REQUIRED: YES NO _X Draft Attached: YES NO _X Recommendation: After research for a sweeper with the required specifications and pricing through Florida State Contracts, US Communities, GSA, and Snaps Agreements, Purchasing and the department recommends the purchase of the new model vs. the reconditioned unit a new of the Applied Sweeper 424 RS from Clarke Waste Systems in the amount of $25,050.00. Department Head Signature: Determination of Consistency with Comprehensive Plan: City Attorney ReviewlRecommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): ,,"--",. ::s:s- Funding available: !Yes " l-bf... No ~ Funding alternatives: (If applicable) Account Number: 119-4144-572-64.90 Account Description: MACHINERY/EQUIPMENT I OTHER MACH.lEQUIPMENT *ArxtJun.-1 (tW- i::aJCJfeJ rBr /2f e'l/oS; iJaf U)/I/ ~ Account Balance: v:60" 9--bt:t ?t t; "1 - :;t Ix ;J , / 1 ~ ~ '" ^~( (!f t5i..-Ut.! WI II . Uf...' ~ City Manager Review: .ft; ?:f7.:e-:r<6u.-t ~uU td//I Ix- Lf/n;L L-JG rLl/LM-t. fL Approved for agendae ~ ttt. No Hold Until: Agenda Coordinator Review: Received: Action: Approved Disapproved . ... . flTY p~ DFI anl.1 ,,?"~~ c',: ;.o_~ - ~ '-. _ -il>~1i ~; .-:: ~:~~~- ~., .~ j --' j~ :~ _- ~:.:-~ :-- {~.a.--?-.,.:- -~~', ~;?-' -- .~ , FIRE.RESCUE DEPARTMErJT .' . - ,-:~;"'~L/-\"".jD [:EA.CH DELRAY BEACH f!t!e!M!D F LOll Ie... -.-.. JUL 1 4 2005 All-America City , III r! CITY MANAGER 1993 MEMORANDUM 2001 TO: David T. Harden, City Manager FROM: Kerry B. Koen, Fire Chief DATE: July 12, 2005 SUBJECT: Purchase of Thermal Imagers I would like to purchase two hand held ISG KI000 Thermal Imaging Cameras from FireCo, Inc. These two Thermal Imagers would allow us to complete our original plan to have an Imager on either the engine or ladder truck at each fire station so that all "first due" units can expedite search and rescue operations. We are requesting the purchase from the same manufacturer, ISG Thermal Systems USA. Inc. that has produced the previous four Imagers. By doing this, we maintain compatibility with the operating features of our current inventory for deployment. care and maintenance purposes. FireCo, Inc. is the sole source Master Distributor for the State of Florida for the ISG Thermal Imagers. The purchase price for the KI000 Thermal Imager is $10,613.00 each, plus $80.00 each shipping for a total purchasing price of $10,693.00 each. Funding for this purchase ($21,386) is available in # 115-0000-248-64.00 (Paramedic Fund). If you need any additional information concerning this issue, please feel free to contact me. ~ ~L K~oen Fire Chief oK, FIRE-RESCU:= D;:::p:\;:::nJFr,:~' '--;:::l j";: "\~;,- ~',. . .,.-.-- \\ f ~ t i(~ . ~)~: c ;":;i-Y-I EC.t.Cd ~~ (JRIDA 3:i44.''1 1 ,{' ~~ <gl-.~ " ,. .- . Date: Julv 27.2005 AGENDA ITEM NUMBER: ~ ~ AGENDA REOUEST Request to be placed on: X Consent Agenda _ Regular Agenda _ Workshop Agenda _ Special Agenda When: August 2. 2005 Description of agenda item (who, what, where, how much): Approval to purchase two (2) hand held ISG K1000 Thermal Imagmg Cameras from sole source l\Jaster DIStrlbutor FtteCo. Inc. ill the amount of $21.386. Fundmg for tills purchase to be taken from the Paramedic Fund account #115-0000-248-64.00. Recommendation: Approve the recommended purchase. Department Head Signature: \r~ D <- City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Fundtng Available: Qo Imtials: W-- Account Number //5-- tJiJtJ 0 - 2t(fJ,6 t/"' t!) U Descnption N~f/V(',fJ,.. ;-->R.- jj;s~ Account Balance: S' ~ ~ Z3:). c.f 7 Fundtng Alternatives: (If apphcable) City Manager Review: Approved for- Agend@ No Initials: ~~ Hold Cnttl: , Agenda Coordinator Review: ReceIved: \"\.1 E- 0 C€. ' f\ E. ') ~ t\l\\~ ~ \) \.. 'f. 0\' C\1"'t C\..'C- ~ ~ CITY COMMISSION DOCUMENTATION ~ TO: DAVID T. HARDEN, CITY MANAGE~~. {~ THRU: PAUL DORLlNG, DIRECTOR OF PLANNIN~)-ONING FROM: SCOTT PAPE, SENIOR PLANNER ~..p'-- SUBJECT: MEETING OF AUGUST 2, 2005 CONDITIONAL USE REQUEST TO ESTABLISH A KENNEL TO BE KNOWN AS BEAST TO BEAUTY AT THE CORPORATE TECH CENTER BAY "A" (2905-A CONGRESS AVENUE) t BACKGROUND/PROJECT DESCRIPTION I The development proposal involves one bay within the Corporate Tech Center, which was constructed in 1986. The subject property is zoned MIC (Mixed Industrial and Commercial) and contains 9.699 acres. There has been no additional land use activity or development proposals with regard to the subject property. The proposal is to establish a kennel within a 3,196 sq. ft. bay of Corporate Tech Center. The proposed use will provide day care and overnight kenneling, retail sales, and grooming for household pets. The hours of operation will be Monday through Friday (7:00 a,m, to 7:00 p.m.) and Saturday from 9:00 a.m to 6:00 p.m. The proposal indicates that the dogs will be walked within the 25' deep landscape strip along Congress Avenue and interior landscape areas along the north side of the building The attached P&Z staff report contains additional background and analysis of the request. I PLANNING AND ZONING BOARD':e:BNsIDERA TION I The Planning and Zoning Board held a public hearing on this request on July 18, 2005. There was one person from the public that expressed concerns regarding the areas where the dogs would be walked and the adequacy of the solid waste receptacles. After diSCUSSing the proposal the Board voted 6-0 to recommend to the City Commission approval of the conditional use request, based upon positive findings with respect to Section 3.1.1 and Section 2.4.5(E)(5) [does not create a detrimental effect on adjacent properties nor hinder redevelopment], and policies of the Comprehensive Plan, subject to the condition of approval that all solid waste be immediately picked-up and placed in sealed containers prior to disposal. I RECOMMENDED ACTION ~ By motion, approve the conditional use request to establish a kennel for Beast to Beauty, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan Future Land Use Element Objective A-1 and meets criteria set forth in Section 2.4,5(E)(5) [does not create a detrimental effect on adjacent properties nor hinder redevelopment] and Chapter 3 (LDR compliance) of the Land Development Regulations, subject to the condition of approval that all solid waste be immediately picked-up and placed in sealed containers prior to disposal. Attachments' Letter from Vicki Pearson Dated July 14, 2005 P & Z Staff Report and Documentation of July 18, 2005 qA Thursday, July 14,2005 Vicki A. Pearson 2906 S.W. 21st Terrace Apt. D- 2 Delray Beach, FL 33445 Mr. Scott Pape City of Delray Beach Planning and Zoning Department 100 N.W. 1st Avenue Delray Beach, FL 33444 Dear Mr. Pape: Thank you for taking the time to notify the residents of Delray Beach, of the pending permit request by "Beast to Beauty" to conduct business in my neighborhood. Given the details mentioned in your letter (enclosed) dated July 6, 2005, I am strongly against the City of Delray Beach granting a Certificate of Operation for this business at this location. I will attempt to attend the July 18 Board meeting and listen to comments regarding this issue. Thank you for your consideration of this very important matter. zerelY, I;"GA'Y-~' Vicki A. Pearson Resident \ f~ !:-: ~"'; ~'~ ~: ---:~ '-~) \ \ - 1;- or-.1'r l ' ; , "0' 0 "':) \ .~\)L ~~ ~~J~~ '; , , ... , . f ; .....- PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT --- MEETING DATE: July 18, 2005 AGENDA ITEM: IV.C. ITEM: Conditional Use Request to Allow the Establishment of a Kennel to be Known as Beast to Beauty within the Corporate Tech Center Bay "A" (2905-A Congress Avenue). BJ , I ~ MNCf BLOC GENERAL DATA: ~w / Owner.... ............... ................. ..... AI Marulli :::l z Agent. ... ... . ...... ........ .. .. .... .. .... Bonnie Anthony w Applicant..................................... Michelle Martiya Martins > ff'~c, < Location...................................... Corporate Tech Center <<-Q Bay "A" (2905-A Congress 0-?' Avenue ). I Property Size.............................. 9.699 Acres Future Land Use Map................ CMR (Commerce) Current Zoning............................ MIC (Mixed Industrial and HARDRIVES Commercial) Adjacent Zoning................North: MIC (Mixed Industrial and Commercial) CAN A. East: OS (Open Space) South: MIC (Mixed Industrial and Commercial) West: OS (Open Space) Existing Land Use...................... Vacant bay Proposed Land Use.................... Establishment of a kennel III III with pet day care, overnight, w and grooming services with 0:: DELRA Y limited retail. 0 OAKS CORPORATF: Water Service........................_.... Existing on site. z TECH PRESERVE 1...........1 Sewer Service............................. Existing on site. I -. . I s.w. 2~' l.. ......1 9~ VEHICLE <( '::' IN SPEC nON 0: BLOG_ - 1= --:::::-- ~ SUN- S.,. SEN flNfL IV.C. ---- ..i4i,....,.:t:'..-.:~... . . r.:\..J'_~t..... . (T E'M":B.E'F"O"R"E" 't"H'i:' B"-O~A'R ti_o": ". .. I . (" ..r-. . The action before the Board is making a recommendation to the City Commission on a request for Conditional Use approval to establish a kennel to be known as Beast to Beauty, pursuant to LDR Section 2.4.5(E). The use is to be established within the Corporate Tech Center Bay "A" (2905-A Congress Avenue). 'r~~'l'\" . . .. .p.' '.' ~ . 'B"'~fC K:G:R"bl'o"rt. '-~:. ,- .,.1':....; ":':""" :~.,:...,....,< 1.!' it.... ...} _ . ".'.' ..... . ,.... - ".'~ . I; ~ . . ..1;"'. _... ;..:.-... :..",..c.. .',.' t.!" "p.. . ",-..j(A.~ . .. ~ .f. - ... .. _ . I . ... . I' ,_ .' r ... ......... . ..... The development proposal involves one bay within the Corporate Tech Center, which was constructed in 1986. The subject property is zoned MIC (Mixed Industrial and Commercial) and contains 9.699 acres. There has been no additional land use activity or development proposals with regard to the subject property. On May 26, 2005, a request for conditional use approval to establish a kennel was submitted. The request is now before the Board for action. II ..... 'p R 0 J E CT. 0 E S 'c R.I P T ION '. " '. '11 The proposal is to establish a kennel within a 1,175 sq. ft. bay of Corporate Tech Center. The bay is located at the north end of the southern building that fronts on Congress Avenue. The proposed use will provide day care and overnight service, retail sales, and grooming for household pets. The applicant has submitted the following narrative, which describes the operation: "Day boarding, day care and grooming. Some retail (less than 25%). Most generated through website sales but day care items. [Hours of operation will be] Monday-Friday 7 a.m. to 7 p.m. and Saturday 9 a.m. - 6 p.m. starting out with 3 employees (including owner) will eventually have 5-6 employees. Dogs are to stay for half or full days for day care with 2 to 3 walks per day depending on drop off and pick up times. Dogs that are boarded will have 3 walks per day and be groomed before they are picked up at the end of their stay. Grooming will be Tuesday-Saturday 9 a.m. - 5 p.m. for both boarding and day care clients. Retail will be strictly dog related." "Cageless day care - dogs are kept lose in fenced in indoor play areas. Overnight dogs are kept in cages or small rooms. Rooms are a bit larger than cage size. Walks are provided five times a day in the grassy areas to the front and north side of building. Clean up of outside areas will be performed Planning and Zoning Boarc' 1ft Report Conditional Use Approval - Jast to Beauty Page 2 . . immediately after each walk and continuously throughout the day as owners come and go with their dogs. " 1(Br". :: ,'" :. ....C:Cr.N.O:1 T I O'N A L USE ANALYSI$ II " REQUIRED FINDINGS: (Chapter 3): Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. The~e findings relate to the following four areas. FUTURE LAND USE MAP: The use or structures must be allowed in the zoning district and the zoning district must be consistent with the land use designation). The subject property has a Future Land Use Map designation of CMR (Commerce), and a zoning designation of MIC (Mixed Industrial and Commercial). The MIC zoning is consistent with the Commerce land use designation. Pursuant to LOR Section 4.4.19(0)(1)(a), kennels are listed as a conditional use in the MIC zoning district. Pursuant to LDR Section 4.4. 19(B)(4), limited retail uses are allowed as permitted uses in the MIC zoning district subject to the provision that they not exceed 25% of the total floor area of the business. The reception area will be the primary area of retail sales/displays. This area equals 12.62% of the total floor area of the tenant space. Based upon the above, it is appropriate to make a positive finding with respect to the Future Land Use Map. 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. Provision of water, sewer, drainage, traffic, schools and impacts on the City's park facilities will not be affected by this proposed use. However, Concurrency as it relates to Solid Waste is discussed below. Solid Waste: Trash generated each year by the proposed 1,175 sq. ft. kennel will be 17.28 tons of solid waste per year [1,175 sq. ft. x 14.4lbs. = 16,920 Ibs/2,OOO = 8.46 tons]. A portion of this waste will be animal solid waste and how this will be disposed of is of particular concern . The applicant has indicated that the animals will be walked in the grassy areas along the west and north sides of the building. A condition of approval is attached that all solid waste be immediately picked-up and appropriately disposed of. The Solid Waste Authority indicates in its annual report that the established level of service Planning and Zoning Boarc' 'ff Report Conditional Use Approval - _ ~ast to Beauty Page 3 , standards for solid waste will be met for all developments until 2021. Therefore, a positive finding can be made to this Level of Service standard. CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required findings in Section 2.4.5(E)(5) for the Conditional Use request shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. A review of the goals, objectives and policies of the City's Comprehensive Plan was conducted and the following is noted. Future Land Use Element Obiective A-1 - Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate and complies in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. The proposed conditional use is for a kennel that will include dog day care and overnight services together with grooming and limited retail sales. The applicant has indicated that the dogs will be walked along the north and west sides of the building within landscape areas. The landscape strip along Congress Avenue is 25' deep and sodded. The landscape area along the north side of the building varies in depth from 7' to 15' wide and also contains sod. These areas are adequate for the walking of the animals. However, the principal concern with respect to compatibility will be the removal of the waste from these areas. The applicant has indicated that the waste will be picked up immediately during the walks and after client's pick-up/drop-off their pets. In order to eliminate the smell associated with the waste, it needs to be placed in sealed containers such as garbage bags prior to placing them in the dumpst~rs. A condition of approval is attached that the solid waste is immediately picked-up and placed in sealed containers prior to disposal. SECTION 2.4.5(E) REQUIRED FINDINGS: (Conditional Use) Pursuant to Section 2.4.5(E)(5) (Findings), in addition to provisions of Chapter 3, the City Commission must make findings that establishing the conditional use will not: A. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; B. Nor that it will hinder development or redevelopment of nearby properties. The subject property is surrounded by MIC (Mixed Industrial and Commercial) zoning to the north and south and OS (Open Space) to the east and west across Interstate 95 Planning and Zoning Soan" 1ft Report Conditional Use Approval - Jast to Beauty Page 4 and Congress Avenue respectively. The existing land uses to the north and south are light industrial uses; to the east is the Interstate 95 right-of-way; and, to the west is the Delray Oaks nature preserve. The proposal is for the establishment of a kennel within an existing industrial/warehouse building. There are ample pervious areas within the Corporate Tech center to walk the animals. The proposed kennel should not cause a nuisance on the surrounding light industrial uses. Therefore, the proposed use will not have a significant detrimental effect on the neighborhood or hinder development in the area. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: In conjunction with the Conditional Use request a full site inspection was conducted to determine if al1Y site improvements were needed. The inspection of the property did not reveal any deficiencies with respect to the Land Development Regulations; therefore no site improvements are required at this time. 1-. I '". {'t....~~ .. . . -REVrEW BY OTHERS . . II . ". \. .-. The development proposal is not located within a geographical area requiring review by the CRA (Community Redevelopment Agency) or the DDA (Downtown Development Authority). Courtesy Notice: Courtesy notices have been provided to the following homeowner's associations that have requested notice of developments in their areas: . Progressive Residents of Delray (PROD) . President's Council 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. The proposed conditional use request is for the establishment of a kennel to be known as Beast to Beauty. The use is allowed as a conditional use and should not negatively impact adjacent industrial uses. The only issue appears to be the assurance that areas which will be utilized to exercise the animals is maintained and associated waste is picked-up immediately. A condition of approval is attached that the waste is ----- ----- Planning and Zoning Boarr' '"i3ff Report Conditional Use Approval - .::ast to Beauty Page 5 irnmediately collected and appropriately disposed. The proposed use is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. Positive findings can be made with respect to Section 2.4.5(E)(5) regarding compatibility. ~~'!"~-';AIff~"'~"""~'C'r:E~"~'E ..~.' e'f-X6"'N'S~':'~~"'~"'" ,. :;o~..t!--S:.C 1I....;.."la ......'1 .~. .\: r.-...... ...:. ..-. !.. I,...)..... Y..' 'a + . ".. . o. -p.. A. Postpone with direction. B. Move a recommendation of approval to the City Commission for the conditional use modification request to establish a kennel for Beast to Beauty, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan Future Land Use Element Objective A-1 and meets criteria set forth in Section 2.4.5(E)(5) )[ does not create a detrimental effect on adjacent properties nor hinder redevelopment] and Chapter 3 (LDR compliance) of the Land Development Regulations. C. Move a recommendation of denial to the City Commission for the conditional use modification request of a kennel for Beast to Beauty, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan Future Land Use Element Objective A-1 and do not meet criteria set forth in Section 2.4.5(E)(5)[detrimental effect on adjacent properties and hinder redevelopment] and Chapter 3 (LOR compliance) of the Land Development Regulations. .)I,..,,,.,...p.",,..t":n~"~" . "'-~"""~"N""'''''~t[)....II'Jl:'''''-'''''''' .....,. ...,.~- , ... ~. i\'''~ 11" :-.>o!~' . "...' ~R E C O'M'M:E D'E ."~IA:CI]'~. O~ . )'Y" old:""" ., . ..'-'i' "~. I ..........\~.. '~I '!- ~..li.I.... .. " '" ". ... .. "'.... ...~ ,. I .....:n. . .,' " ",' \ ~. .~. ,,', . ........ .. IJ.....~ . '....... .lI..~#.""'I"f:t~ . '. ."'~ . Recommend approval to the City Commission for the conditional use modification request to establish a kennel for Beast to Beauty, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan Future Land Use Element Objective A-1 and meets criteria set forth in Section 2.4.5(E)(5) )[does not create a detrimental effect on adjacent properties nor hinder redevelopment] and Chapter 3 (LOR compliance) of the Land Development Regulations, subject to the condition of approval that all solid waste be immediately picked-up and placed in sealed containers prior to disposal. Attachments: . Floor Plan . Site Plan . Location Map Staff Report Prepared by: Scott Pape. Senior Planner ~qos- A 5oL^-+"- Cc~("" (.. ~5 A v L, :)::tJ:-"'7 T5ULc.. '^ , r L "> Jt-( L.{ ~ ~ ~'-O" --f 13'.1. 28'-1. 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S~ " r "CO;;l) "'1; III ?Jil " ~jf I.'! 0 ~~~2~~~ r ~ ' II f J 11111': "/::i~ I ,. -; l' "'~!'1~~~'" s: !l _ ' J: ~/)!I~ fHi~ :: " i!i g~~g~.~~ ;: ~ ( I~r i'~ L., '\ . _ ~" 'I ~ L.J <=;;;J I" -0 ~ ill '" 1; I "I ~>iL:l.i3~ .' i@ ~l @_ to i~-<>> ~S ~Bf j I'-r .,-,~', >! 1"- ~ '"'lc I ""::r- " <, I' ,t 4: r I:, ~. : -------.J L I '0203' + 21'" ': --16 - . :,-':- C;';l I! ~ I'!@ f I' ! I ""J. 'I :"'-,:-,., ~><_ /~II I 11171 I:~ i ... . "'-" I .,.. _. ~VI'..r"'rI(" stT~~... IJ~tC .;' J] ,- lB ~d S3i~IjOSS~ aI^~ 90vrt ~t9S Zr:EO SOBl/t0!9B - ~~-- ------------~ ---- -- w => z w > ,{vS <( ~ ~'0 0'(- i I I i HARDRIVES WA TERFORD APARTMENTS C A ~..J A L [ l AUDUBON BLVD Ul DELR A Y Ul I OAKS W a:::: CORPORATE PRESERVE C> Z TECH -' 0 <( U z <( <.) S.W. 29TH ST. VEHICLE 0 <<: 0 INSPECTION "" -' BLDG. 4: "" I l- X 0 ui N SUN- 0 SENTINEL N - BEAST TO BEAUTY aTY OF DELRAY BEACH, FL CORPORTATE TECH CENTER PLANNING ole ZONING DEPARTMENT -- DIGITAL BASE MAP SYSTEM -- MAP REF LM860 . " ~ . . . I [IT' DF DELIAY BEA[H CITY ATTORNEY'S OFFICE ::'()() 1\;W ] q -\\E:'...;l'E . DELRA'{ BEACH. FLORID-\ 33444 TELLPHO\;L 56! 1::'4.<- :()l)() . fACSI\HLE 561/::'78-4755 DElRAY BEACH Writer's Direct Line 561/243-7091 F LOll I 0 " It.I.8I:III All-America City MEMORANDUM , , II J! DATE July 11, 2005 1993 TO: City Commission 2001 FROM: Susan A. Ruby, City Attorney SUBJECT: Contract for Sale and Purchase between Auburn Trace, Ltd. and the City of Delrav Beach This Agreement calls for the purchase of approximately 6.02 acres of land from Auburn Trace, Ltd. in the amount of $1,500,000.00. The contract permits Auburn Trace, Ltd. to continue to drain into the pond/drainage area and allows them to continue irrigation from the pond, so long as they provide pumps and other equipment. The City will maintain the pond and Auburn Trace, Ltd. will maintain their irrigation pumps and equipment. The Agreement also provides that Auburn Trace will, prior to closing, grant the School District an easement for drainage purposes and secure their mortgagee's release on the easement. By copy of this rnemorandum to David Harden, City Manager, our office requests that this item be placed on the August 2, 2005 City Commission agenda for approval. Attachment Cc: David Harden, City Manager Chevelle Nubin, City Clerk 9B RESOLUTION NO. 50-05 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO PURCHASE FROM SELLER CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE SELLERS AND THE CITY OF DELRA Y BEACH, FLORIDA; PROVIDING FOR A PUBLIC HEARING AND AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach, Florida, wishes to acquire certain property located at the northwest corner of S.W. 7th Avenue and Auburn Avenue in Delray Beach, Florida, to provide land for public purposes; and WHEREAS, the Seller hereinafter named desires to sell the property hereinafter described to the City of Delray Beach Florida; and WHEREAS, it is in the best interest of the City of Delray Beach, Florida, to purchase said property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Florida, as Buyer, hereby agrees to purchase from Auburn Trace, Ltd., as Seller, for the purchase price of One Million Five Hundred Dollars ($1,500,000.00), and other good and valuable consideration; said parcel being more particularly described as follows: The West 300.0 feet of Tract B, Auburn Trace, according to the plat thereof as recorded in Plat Book 64, Pages 184, 185 and 186, public records of Palm Beach County, Florida, less the south 80 feet thereof. Section 2. That the terms and conditions contained in the contract for sale and purchase and addenda thereto between the City of Delray Beach, Florida, and the Seller as hereinabove named are incorporated herein as Exhibit U A". Section 3. The City Commission shall consider the purchase at a meeting to be held on August 2, 2005. PASSED AND ADOPTED in regular session on the day of ,2005. MAYOR Attest: City Clerk ----~- "~ '" CONTRACT FOR SALB AND PURCBASB PARTIBSz AUBURN TRACB, LTD. ("Seller"), a Florida Limited Partnerhip (Phone: (561) 278-0053), and the CITY OF DBLRAY BBACH, a Florida municipal corporation, ("Buyer"), C/O 200 NW 1st Avenue, Delray Beach, FL 33444 (Phone: 561-243-7090), hereby agree that the Seller shall sell and Buyer shall buy the following described Real Property and Personal Property (collectively "Property") upon the following terms and conditions, which INCLUDE the Standards for Real Estate Transactions ("Standard(s)") on the reverse side hereof or attached hereto and riders and any addenda to this Contract for Sale and Purchase ("Contract"). I. DBSCRIPTIOHz (a) Legal description of the Real Property located in Palm Beach County, Florida: See Legal Description attached hereto as Exhibit "An Property Control No. 12-43-46-20-56-002-0000 (b) Street address, city, zip, of the Property is: the northwest corner of S.W. 7~ Avenue and Auburn Avenue in Delray Beach, Florida II. PURCHASB PRICB $ 1,500,000.00 PAYMBNT: (a) Deposit{s) to be held in escrow by Robert w. Federspiel, P.A. Trust Account in the amount of $ 50,000.00 (b) Balance to close shall be paid in the form of U.S. cash or a LOCALLY DRAWN certified or cashier's check, subject to adjustments or prorations $ 1,450,000.00 III. TIMB FOR ACCBPTAHCB, BFFBCTIVB DATB, FACSIKILB: If this offer is not executed by and delivered to all parties OR FACT OF EXECUTION communicated in writing between the parties on or before August 5, 2005, the deposit(s) will, at Buyer's option, be returned and this offer withdrawn. The date of Contract ("Effective Date") will be the date when the last one of the Buyer and the Seller has signed this offer. A facsimile copy of this Contract and any signatures thereon shall be considered for all purposes as originals. IV. TITLB BVIDBHCBz Within thirty (30) days from the Effective Date of this Contract, (CHECK ONLY ONE): X Seller shall, at Seller's expense, deliver to Buyer or Buyer's attorney; OR ___Buyer shall at Buyer's expense obtain (CHECK ONLY ONE) : abstract of title or X title insurance commitment (with legible copies of instruments listed as exceptions attached thereto) and, after closing, an owner's policy of title insurance. ~)V V. CLOSING DATBz This transaction shall b~_closed and the deed and other closing papers delivered no later than January~, 2006 provided however, Seller shall convey the Easement Deed referenced by Section XI E in the timeframe set forth therein. VI. RBSTRICTIONS, BASBMBNTS, LIHITATIONSz Buyer shall take title subject to: comprehensive land use plans, zoning, restrictions, prohibitions and other requirements imposed by governmental authority; restrictions and matters appearing on the plat or otherwise common to the subdivision; public utility easements of record {easements are to be located contiguous to Real Property lines and not more than 10 feet in width as to the rear or front lines and 7-1/2 Page 1 of 7 ~\\'b,," "A'l . . feet in width as to the side lines, unless otherwise stated herein); taxes for year of closing and subsequent years; assumed mortgages and purchase money mortgages, if any (if additional items, see addendum); provided that there exists at closing no violation of the foregoing. v:n . OCctJPANCY : Seller warrants there are no parties in occupancy other than Seller; Seller shall deliver occupancy of Property to Buyer at time of closing subject to Paragraph XI E. VI:U. 'l'YPBWRITTBH OR HANDWRIT'l'BN PROVISIONS: Typewritten or handwritten provisions, riders and addenda shall control all printed provisions of this Contract in conflict with them. IX. ASSIGNABILITY: (CHECK ONLY ONE) : Buyer (1) ___may assign and thereby be released from any further liability under this Contract; ___may assign but not be released from liability under this Contract; or ~ may not assign this Contract. X. DISCLOSURBS: (a) Radon is a naturally occurring radioactive gas that, when accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding Radon or Radon testing may be obtained from your County Public Health unit. (b) Buyer may have determined the energy efficiency rating of the residential building, if any is located on the Real Property. XI. SPBCIAL CLAUSBS, ADDBNDA: If additional terms are to be provided, attach addendum and CHECK HERE X ---------- CITY OF DELRAY BEACH AUBURN TRACE, LTD. By: By'~~~ Date omas nners at Print Name: President Tax ID No. Social security b~t? ~ 'f.. ~ or Tax ID No. p '/. ~ Date Social Security or Tax ID No. Deposit(s) under Paragraph II(a) received; IF OTHER THAN CASH, THEN SUBJECT TO CLEARANCE: ROBERT W. FEDERSPIEL, P.A. (Escrow Agent) By: Page 2 of 7 --- . ADDENDUM TO CONTRACT FOR SALB AND PURCHASB SELLER: AUBURN TRACE, LTD. BUYER: CITY OF DELRAY BEACH, a Florida municipal corporation PROPERTY ADDRESS: Northwest Corner of S.W. 7th Street and Auburn Avenue XI. SPBCIAL CLAUSBS; ADDBNDA (Continued): A. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT ("FIRPTA"): The parties shall comply with the provisions of Internal Revenue Code Section 1445 and applicable Treasury Regulations issued thereunder. If the Seller is a U.S. person for Internal Revenue Code Section 1445 purposes, then on demand of the Buyer and prior to closing the Seller shall provide the Buyer with a certificate of non- foreign status in the manner provided in Treasury Regulations Section 1.1445-2. If the Seller provides the Buyer with such certificate, and if the Buyer is otherwise permitted to rely on such certificate under those Regulations, the Buyer shall not withhold under Internal Revenue Code Section 1445. If the Seller is a 'foreign person' as defined by the Internal Revenue Code, the Buyer generally is required to withhold 10% of the gross sales price from the Seller at closing and to pay the withheld amount over to the Internal Revenue Service (IRS) unless an applicable exemption from withholding or a limitation on the amount to be withheld is available. To the extent that the cash to be paid over to the Seller at closing is insufficient to cover the Buyer's withholding obligation, the Seller shall provide to the Buyer at closing cash equal to such excess for purposes of making such withholding payment. If the Seller's federal income tax on the gain is less than the applicable withholding amount, the Seller may make advance application to the IRS for reduced withholding and, if granted, the Buyer shall withhold only the authorized reduced amount. If such ruling has not been received by closing, the parties at closing shall enter into an escrow agreement reasonably satisfactory to the Buyer and Seller pending receipt of the ruling, provided that at closing the Seller shall have the obligation to provide to the escrow agent from the closing proceeds (or from the Seller's other resources if necessary) cash equal to the maximum required withholding, with any excess withholding being refundable to the Seller upon receipt of a favorable ruling from the IRS. Buyer and Seller understand that the IRS requires the Buyer and the Seller to have a U.S. federal taxpayer identification number and to supply that number on the foregoing forms. A foreign individual may acquire an International Taxpayer Identification Number for this purpose. Since it may take several weeks to receive the number after application and the IRS will not process these forms without the actual number, a party lacking a TIN is advised to apply immediately. B. The Buyer shall have forty-five (45) calendar days within which to conduct any and all feasibility studies and determinations relative to the suitability for the acquisition of the subject property by the Buyer and the Buyer reserves the express right to terminate this Contract at any time during said period for any reason or no reason, in Buyer's sole discretion, whereupon Buyer shall receive a full refund of all deposit monies paid hereunder. Buyer shall be granted reasonable access to the premises to conduct such feasibility studies and determinations, including environmental assays, core drilling, surveys, soil sampling and other such testing. C. This Contract is expressly contingent and conditioned upon the approval of the same by the City Commission of the City of Delray Beach. Page 3 of 7 . . . D. The parties represent and warrant that there is no broker involved in this transaction to whom a commission would be due other than William Plum, who will be paid by Buyer. B. The Seller shall have the right to continue to drain into the pond/drainage area as shown on the survey to the extent that Seller has been doing, at the date of this contract. The Seller shall also have the right to irrigate from the pond as long the pond exists. The City shall maintain the pond/drainage area after closing, provided Seller shall maintain all irrigation pumps and equipment that pertains to the Auburn Trace property. Seller shall obtain approval from its lenders to an easement for drainage by the School District of Palm Beach County within sixty (60) days of execution of this contract. This Paragraph B shall survive closing. SELLERS' INITIALS: BUYER'S INITIALS: d~ Page 4 of 7 .' STANDARDS POR REAL BSTATB TRANSACTIONS A. BVIDBRCB OP TITLB, (l)An abstract of t1tle prepared or brought current by a reputable and exist1ng abstract firm (if not eX1sting then certified as correct by an eX1st1ng firm) purporting to be an accurate SynOpS1S of the 1nstruments affect1ng t1tle to Real Property recorded in the pub11c records of the county where1n Real Property 1S located, through Effective Date. It shall commence w1th the ear11est pub11c records, or such later date as may be customary 1n the county, Upon clos1ng of th1S Contract, the abstract shall become the property of Buyer, subJect to the r1ght of retent10n thereof by f1rst mortgagee unt1l fully pa1d, (2) A t1tle insurance comm1tment 1ssued by a Flor1da 11censed t1tle 1nsurer agree1ng to issue to Buyer, upon recording of the deed to Buyer, an owner's po11cy of title 1nsurance 1n the amount of the purchase pr1ce, 1nsur1ng Buyer's title to Real Property, subJect only to 11ens, encumbrances, except10ns or qua11f1cation prov1ded 1n th1s Contract and those wh1ch shall be d1scharged by Seller at or before clos1ng. Seller shall convey a marketable t1tle subJect only to liens, encumbrances, except10ns or qua11f1cat10ns set forth 1n Contract Marketable t1tle shall be determ1ned accord1ng to app11cable T1tle Standards adopted by author1ty of The Flor1da Bar and 1n accordance w1th law, Buyer shall have 30 days, 1f abstract, or 5 days, 1f title commitment, from date of rece1ving eV1dence of title to examine 1t If title is found defect1ve, Buyer shall, w1th1n 3 days thereafter, notify Seller 1n writ1ng specifY1ng defect(s), If the defect(s) render t1tle unmarketable, Seller w111 have 30 days from rece1pt of notice to remove the defect(s), fa111ng wh1ch Buyer shall, w1th1n f1ve (5) days after exp1rat10n of the thirty (30) day per10d. de11ver wr1tten not1ce to Seller e1ther: (1) extend1ng the time for a reasonable per10d not to exceed 120 days w1th1n which Seller shall use d111gent effort to remove the defects; or (2)request1ng a refund of depos1t(s) pa1d which shall 1mmed1ately be returned to Buyer. If Buyer fa11s to so not1fy Seller, Buyer shall be deemed to have accepted the t1tle as it then 1S. Seller shall, 1f t1tle 1S found unmarketable, use d111gent effort to correct defect(s) 1n t1tle w1thin the t1me prov1ded therefor. If Seller 1S unable to timely correct the defects, Buyer shall e1ther wa1ve the defects, or rece1ve a refund of depos1t(s), thereby releas1ng Buyer and Seller from all further ob11gat10n under th1s Contract. B. PllRCHASB HONBY lIORTOMmI S1ICURITY AGRBIDIBMT '1'0 SBLLBlh A purchase money mortgage and mortgage note to Seller shall provide for a 30 day grace per10d ln the event of default 1f a f1rst mortgage and a 15 day grace per10d 1f second or lesser mortgage; shall prov1de for r1ght of prepayment 1n whole or 1n part without penalty; shall perm1t accelerat10n 1n event of transfer of the Real Property; shall require all pr10r 11en and encumbrances to be kept 1n good stand1ng and forb1d modif1cat10ns of or future advances under pr10r mortgage(s); shall requ1re Buyer to ma1ntaln po11cles of 1nsurance conta1ning a standard mortgagee clause covering all 1mprovements located on the Real Property against f1re and all per11s 1ncluded w1th1n the term "extended coverage endorsements" and such other r1sks and per11s as Seller may reasonably requ1re, in an amount equal to the1r h1ghest 1nsurable value; and the mortgage, note and security agreement shall be otherw1se 1n form and content requ1red by Seller; but Seller may only requ1re clauses customar11y found in mortgages, mortgage notes, and security agreements generally uti11zed by sav1ng and loan inst1tut10ns or state or nat10nal banks located in the county where1n Real Property 1S located. All Personal Property and leases being conveyed or ass1gned will. at Seller's opt10n, be subJect to the l1en of a secur1ty agreement eV1denced by recorded f1nancing statements. If a balloon mortgage, the f1nal payment w1ll exceed the periodic payments thereon. C. SORVBY, Buyer, at Buyer's expense. with1n t1me allowed to de11ver eV1dence of t1tle, may have Real Property surveyed and cert1fied by a reg1stered Flor1da surveyor If the survey discloses encroachments on the Real Property or that 1mprovements located thereon encroach on setback l1nes, easements, lands of others, or v10late any restr1ctions, Contract covenants or app11cable governmental regulation, the same shall const1tute a title defect. II. _IRII. B..~er, at Buyer's elllileRse. _1tlua tUlle alls.ea los aelr'er e"'~aeRee af t~tle aRa ta enallliae sallIE!, 1IIa} lIa e Real I?rsllel!'t} ~aslleetee!. S} a Fler~aa Sertit~ea Pest CSRtrsl SlIel!'atar ("SlIel!'ater"l ta aelOenuRe lf tllere lS aa} .1sisle aet~"e ter.ute latestatlaR ar .islsle e"ist~Rg liaIllage frslll teFM~te lafestatlaR lR tile Prsllert}. If eltller ar sata aFe fa~a, BIi}er 111 be.e i da}S trelll aate st _rlttea Rat~ee tasreaf .1ta~a ..lIiea ta lIa.e east af treatllleRt, ~f re~irea, estlmatea s~ tile Speratar aaa all damage laslleetea aRa estlmatee!. S} a 11esasee!. slllleer sr geael'al eaatraetar. Seller saall lIa} valie!. essts sf treatlllE!at aae!. rells~r sf all damage 1111 te tile amellat lire ~aea ~a Pal'agralla ______ (al. If estlmatea easts eneeea taat alllsllRt, B~er sftall as.e tile slltleR sf BaRsellRg tals CsatFaBt .1thlR 5 aa~s after reBeipt sf eSRtraetsr's rellalr estlmate s~ gl.1ag rlttea Retiee ts Seller sr B..~er ma} eleet ts IIraeeea lth the traRsaetlsa, aRa reeel e a ere.ht at elssiag aR the a_Iiat lira iaee!. la Paragri!>f'lh _ (a). "Termites" Bftall Be aeelllea ts lsBllie!.e all sse!. e!.estra}1Rg srgaR1sllls re~1rea ta se rellsrtea ~aer tae Flsriaa Pest Caatrsl ~et, as allleRaea. B. INGRBSS AND BGRBSS. Seller warrants and represents that there 1S 1ngress and egress to the Real Property suff1c1ent for the intended use as descr1bed in Paragraph VI hereof, title to wh1ch 1S 1n accordance w1th Standard A. P. LBASBS. Seller shall, not less than 15 days before closing, furn1sh to Buyer copies of all wr1tten leases and estoppel letters from each tenant specifying the nature and durat10n of the tenant's occupancy, rental rates, advanced rent and secur1ty depos1ts pald by tenant. If Seller 1S unable to obta1n such letter from each tenant, the same 1nformat10n shall be furn1shed by Seller to Buyer wlth1n that t1me period ln the form of a Seller'S aff1dav1t, and Buyer may thereafter contact tenants to conflrm such lnformatlon. Seller shall, at clos1ng, deliver and assign all orlg1nal leases to Buyer. G. LIBRS. Seller shall furnish to Buyer at time of clos1ng an affidav1t attest1ng to the absence, unless otherw1se prov1ded for herein, of any f1nancing statements, claims of lien or potential lienors known to Seller and further attest1ng that there have been no improvements or repalrs to Property for 90 days 1mmed1ately preced1ng date of clos1ng, If Property has been 1mproved, or repa1red w1th1n that time, Seller shall deliver releases or wa1vers of mechan1cs' l1ens executed by all general contractors, subcontractors, suppliers, and materialmen 1n additlon to Seller's l1en aff1dav1t sett1ng forth the names of all such general contractors, subcontractors, suppliers and mater1almen and further affirm1ng that all charges for 1mprovements or repairs which could serve as a bas1s for a mechan1c's lien or a cIa 1m for damages have been pa1d or w11l be pa1d at clos1ng of th1S Contract. H. PLACK OP CLOSING, Clos1ng shall be held in the county ~here Real Property 1S located, at the off1ce of the attorney or other clos1ng agent des1gnated by Seller. I. TIKB, In comput~ng t1me per10ds of less than S1X (6) days, Saturdays, Sundays and state or national legal ho11days shall be excluded Any t1me perlods prov1ded for herein wh1ch shall end on Saturday, Sunday or legal holiday shall extend to 5:00 p.m. of the next bus1ness day, Time i. of the ...enc. in this Contract. J. DOCUNBNTS POR CLOSING, Seller shall furn1sh deed, b1l1 of sale, construct10n l1en aff1davit. owner's possess10n affidav1t, assignments of leases, tenant and mortgage estoppel letters, and corrective 1nstruments. Buyer shall furn1sh clos1ng statement, mortgage, mortgage note, secur1ty agreement, and f1nanc1ng statements. It. BltPBRSBS. Documentary stamps on the deed and record1ng correct1ve 1nBtruments shall be paid by Seller. Documentary stamps and lntangible tax on the purchase money mortgage and any mortgage assumed, and record1ng of purchase money mortgage to Seller, deed and f~nanc1ng statements shall be pald by Buyer, Unless otherw1se prov1ded by law or r1der to th1s Contract. charges for the followlng related t1tle serv1ces, namely title or abstract charge, t1tle exarn1nation, and settlement and clos1ng fee, shall be pa1d by the party responslble for furnlshing the title eVldence in accordance w1th Paragraph IV L. PRORATIOlOh CRm)ITS. Taxes, assessments, rent, lnterest, insurance and other expenses and revenue of Property shall be prorated through day before clos1ng. Buyer shall have the opt10n of taking over any eX1st1ng po11c1es of 1nsurance, 1f assumable, in wh1ch event prem1ums shall be prorated, Cash at clos1ng shall be 1ncreased or decreased as may be requ1red by prorat10ns to be made through day prior to closing or occupancy lf occupancy occurs before clos1ng Advance rent and secur1ty depos1ts w11l be credlted to Buyer Escrow deposlts held by mortgagee w11l be cred1ted to Seller, Taxes shall be prorated based on the current year's tax w1th due allowance made for max1mum allowable discount, homestead and other exempt10ns. If closing occurs at a date when the current year's millage 1S not f1xed, and current year's assessment 1S avallable, taxes ~111 be prorated based upon such assessment and the pr10r year's millage. If current year's assessment 1S not ava1lable, then taxes w1ll be prorated on the pr10r year's tax. If there are completed 1mprovements on Real Property by January 1st of year of closing, wh1ch 1mprovements were not 1n eX1stence on January 1st of Page 5 of 7 . . . . the prior year, then taxes shall be prorated based upon the prlor year's millage and at an equitable assessment to be agreed upon between the parties, faihng which, request wlll be made to the County Property Appralser for an informal assessment taking into consideration avallable exemptlons. Any tax proration based on an estlmate shall, at request of elther party, be readjusted upon recelpt of tax blll on condltlon that a statement to that effect is slgned at closlng. M. SPBCIAL ASSBSSMBNT LIENS. Certified, confirmed and ratified speclal assessment llens as of date of closing (not as of Effectlve Date) are to be pald by Seller. Pending liens as of date of closlng shall be assumed by Buyer. If the lmprovement has been substantially completed as of Effectlve Date. any pending lien shall be consldered as certlfled, confirmed or ratlfled and Seller shall , at closlng, be charged an amount equal to the last estlmate of assessment for the improvement by the publlC body. 11'. lHSP.QIlI9II', R.PAIR 1l.HB JIll.IH'l'BIiIJIlJQB, Seller .lsrraB~S ~ka~, as af 19 &a)a prlar ta e1asiBg, tke eelliRg, raaf (lBelluhBg tke faseia aM safhts) aHa enterl.BE aRa 1RtEzisE' \lalla, faliBsatlaB, seaua.lls (ar eElUi.aleBt) ails saellage sa Be~ ha.e aR} "ISIBl.B SVIElBlICB af 1 ealls , SEer a8Ma!e SF s~FHetHral samage aBs ~hat tke septle ta~l, paal, all appllaBees, meeaaRieal 1tems, lleatlB!. eaallBg, eleetrleal, plliMS1B! s}stems aBa MaeklaeF} are lB 1I0RKnlG C9!lBITleN Tile fSre!alft!J .arraH~} shall Be 11M1tea ta tke i~ems speelflea liBless stke~'lse p.-a.laea lB an asseB~. !llfj e.. ma), at. Bl:I} ey I 8 e3epeRBE I Ila.e iBspeetisBs mase sf tAsse ltems E} a flFM sr lBsl.ldHal speelallB1Bg lB llama iBspeetiaBs and Ilalalft!J aft aeeapstisRal llesBse far suek p~~ase (If I'elflu..ea) a.- B} aft appreprla~el} lieeBsea FlaI'lsa eeRtraetar. Bli}er skall, prler te B~e..'s aeelipaae} er Bet less tksR 19 as}s p.-is.. ta eleS1B!, .kieke.e.. eeeli..S fl"S~, ..epe..~ ia _"ltlB! ta Selle.. s~eR items tRat ae BSt meet tae aSa.e staHdarss as ~e aefeets, Ualess Bli)er ~lmel} repa..ts sliek aefee~s, Bli}er skall Be aeemea ta Ra.e .al.ea Seller's .a....afttles as ta aefeets HS~ repertes. If repa1Y8 SY replaeemest are :re~ired ~s eeMpl) .itR tklS StaBsars, Seller shall ealise them te Be maae aHa saall pa} lip te the ame~Rt pre.iaea lB Pa..a!rapk _____ (B) . Selle.- lS BSt reElUi..ea te ~le repal.-s e.- replaeemaRts af a eeSMe~le na~~re aRless salises B} a aefee~ Seller lS respsBslBle te repalr e.. ..eplaee. If ~ke ees~ ef SlieR repal" e.- replaeemeHt eueeeas tke alllStIfl~ pra.ises iR paI'S!ra!JR _____ (s), Bt>} er s.. Seller IIla7 eleet t s PS} BHSS Bneees, falllft! ..Rlek eltlle.. par~} 1Ila) eaReel tR1S CeB~rae~ If Seller lS ~le ~s eerreet the sefeets prlsr ta elaaing, tile esa~ ~ke..eaf shall se pS1S lMe esere at elasiB!. Seller sksll, ~aR reaseBaBle Retlee, pra.lse li~ilitles se~lee and aeeess ~a tile Prspe.-t} fer 1Rs,eet1sas, lRellislBg a _alll ~Rreli!R prler te elesiB!, te eeBflFm ~ka~ all items sf Perssnal PrepeFt} aI'e eR ~ke Real Preperty aRs, s".ejeet te the fsregalRg, ~hs~ all reElUlrea ..epairs aRs replaesmeBts ha.e BeeR mase aRS tkat tke Prspert}, lRelliS1R! Slit Ret Ilmites ~e, la .... shraeeer} aBs peel, lf ~, has seeR malR~alRes lR ~ke eeRsltleR e,ustlR! as sf Effee~l. e Ela~e, el'SiBar} weal" aHa tear eneepEea O. RISlt OF LOSS. If the Property is damaged by fire or other casualty before closing and cost of restoratlon does not exceed 3' of the assessed valuatlon of the Property so damaged, cost of restoration shall be an obllgation of the Seller and closing shall proceed pursuant to the terms of Contract with restoration costs escrowed at closing. If the cost of restoration exceeds 3' of the assessed valuatlon of the lmprovements so damaged, Buyer shall have the option of either taking Property as lS, together Wl.th elther the 3' or any lnsurance proceeds payable by vlrtue of such loss or damage, or of cancellng Contract and recelvlng return of deposlt(s). P. PROCBBDS OF SALB I CLOSING PROCBDURE. The deed shall be recorded upon clearance of funds. If an abstract of tltle has been furnished, evidence of title shall be continued at Buyer's expense to show title in Buyer, without any encumbrances or change WhlCh would render Seller's title unmarketable from the date of the last evidence. All closlng proceeds shall be held ln escrow by Seller's attorney or other mutually acceptable escrow agent for a perlod of not more than 5 days after closing date. If Seller's title lS rendered unmarketable, through no fault of Buyer, Buyer shall, within the 5 day period, notify Seller ln wrlting of the defect and Seller shall have 30 days from date of receipt of such notlficatlon to cure the defect. If Seller fails to timely cure the defect, all deposit (s) shall , upon written demand by Buyer and wlthln 5 days after demand. be returned to Buyer and slmultaneously wlth such repayment, Buyer shall return Personalty and vacate Real Property and reconvey the Property to Seller by speclal warranty deed and bill of sale. If Buyer falls to make tlmely demand for refund, Buyer shall take title as lS, waivlng all rights agalnst Seller as to any intervening defect except as may be avallable to Buyer by vlrtue of warranties contalned ln the deed or blll of sale. If a portion of the purchase prlce lS to be derlved from lnstitutional financlng or refinanclng, requlrements of the lendlng lnstltution as to place, tlme of day and procedures for closlng, and for disbursement of mortgage proceeds shall control over contrary provislon ln this Contract. Seller shall have the rlght to requlre from the lendlng institutlon a wrltten commitment that lt wl11 not wlthhold disbursement of mortgage proceeds as a result of any tltle defect attributable to Buyer-mortgagor. The escrow and closlng procedure requlred by thlS Standard may be waived lf title agent lnsures adverse matters pursuant to Sectlon 627.7841, F.S. , as amended. Q. BSCROIf. Any escrow agent ("Agent") receivlng funds or equivalent is authorized and agrees by acceptance of them to deposit them promptly, hold same in escrow and, subject to clearance, disburse them ln accordance wlth terms and conditions of Contract. Failure of clearance of funds shall not excuse Buyer'S performance. If ln doubt as to Agent's dutles or liabillties under the provislons of Contract, Agent may, at Agent's option, continue to hold the subJect matter of the escrow until the partles hereto agree to its disbursement, or until a Judgment of a court of competent Jurlsdiction shall determine the rights of the partles or Agent may deposit with the clerk of the clrcuit court havlng Jurlsdiction of the dlspute. Upon notlfying all parties concerned of such action, all 11ability on the part of Agent shall fully terminate. except to the extent of accountlng for any ltems prevlously dellvered out of escrow. If a licensed real estate broker, Agent will comply wlth provisions of Chapter 475, F.S., as amended. Any SUlt between Buyer and Seller where Agent ~s made a party because of actlng as Agent hereunder, or ln any SUlt wherein Agent lnterpleads the subject matter of the escrow, Agent shall recover reasonable attorneys' fees and costs lncurred with these amounts to be pald from and out of the escrowed funds or equivalent and charged and awarded as court costs ln favor of the prevalllng party. The Agent shall not be 11able to any party or person for misdelivery to Buyer or Seller of ltems subject to this escrow, unless such misdellvery is due to wl11ful breach of Contract or gross negligence of Agent. R. ATTOlUfBY FBBSI COSTS. In any 11t~gation, lnclud~ng breach, enforcement or lnterpretation, arlslng out of this Contract, the prevailing party ln such litlgation WhlCh, for the purposes of this Standard. shall lnclude Seller, Buyer, and any brokers actlng in agency or nonagency relatlonshlps authorlzed by Chapter 475, F.S. , as amended, shall be entltled to recover from the non-prevaillng party reasonable attorney's fees, costs, and expenses. S. FAILURE OF PBRFOIlJQII'CB. If Buyer fails to perform thlS Contract withln the tlme specified (lncluchng payment of all deposit (s)) , the deposit (s) pald by Buyer and deposlt(S) agreed to be pald, may be recovered and retalned by or for the account of Seller as agreed upon liquidated damages, conslderation for the execution of this Contract and ln full settlement of any clalms; whereupon, Buyer and Seller shall be relieved of all obllgatlons under Contract; or Seller, at Seller's optlon, may proceed in equlty to enforce Seller's rights under thlS Contract. If, for any reason other than fallure of Seller to make Seller's tltle marketable after dlllgent effort, Seller falls, neglects or refuses to perform thlS Contract, the Buyer may seek speclfic performance or elect to recelve the return of Buyer's deposlt(S) wlthout thereby walvlng any actlon for damages resultlng from Seller's breach. T. CON"l'RACT NOT RBCORDABLBI PBRSON'S BOlDIDl NOTICB. Neither thlS Contract nor any notice of it shall be recorded in any publlC records ThlS Contract shall blnd and lnure to the beneflt of the partles and thelr successors in lnterest. Whenever the context penro.ts, singular shall lnclude plural and one gender shall lnclude all. Notlce glven by or to the attorney for any party shall be as effective as lf glven by or to that party. U. COII'VBYlUfCB . Seller shall convey tltle to Real Property by statutory warranty, trustee's, personal representatlve's or guardian'S deed, as approprlate to the status of Seller, subject only to matters contained ln Paragraph VI and those otherwlse accepted by Buyer. Personal Property shall, at request of Buyer, be transferred by an absolute bill of sale wlth warranty of title, subJect only to such matters as may be otherwlse provlded for here~n. V. OTHBR AGRBBMBNTS I No prlor or present agreements or representations shall be blndlng upon Buyer or Seller unless lncluded ln thlS Contract. No modlflcatlon or change ln thlS Contract shall be valld or binding upon the partles unless ln wrltlng and executed by the party or partles intended to be bound by It. W. NARRAJlTIBS. Seller warrants that there are no facts known to Seller materlally affecting the value of the Property WhlCh are not readlly observable by Buyer or WhlCh have not been dlsclosed to Buyer. Page 6 of 7 . , r < . EXHIBIT "A" The West 300.0 feet of Tract B, Auburn Trace, according to the plat thereof as recorded in Plat Book 64, Pages 184, 185 and 186, public records of Palm Beach County, Florida, less the south 80 feet thereof. (Approximately 6.02 acres, as depicted on the survey also attached as Exhibit "A") Page 7 of 7 - MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: JIliCITY MANAGER C\c.. SUBJECT: AGENDA ITEM # - REGULAR MEETING OF AUGUST 2, 2005 CLEAR CHANNEL OUTDOOR REOUEST DAlE: JULY 29, 2005 This is before Commission to consider a request by Clear Channel Outdoor to remove four (4) existing billboards at various locations and to relocate three (3) to new locations along the 1-95 Corridor. Three (3) of the existing billboards are along the Atlantic Avenue Corridor and one (1) is on U.s. Highway 1. The proposed locations are currendy undeveloped property and it is likely that they will be developed in the future. The existing billboards proposed for removal are on property that, with escalating land values, may be prime locations for redevelopment. Landowners of these properties may very well, due to development potential, let these billboard leases expire. We believe it will only be a matter of time before these billboards become obsolete. Florida Statutes allow, by mutual consent, the relocation of billboards but do not require the City to enter into such an agreement. Staff is recommending denial of this request. S:\Clty Clerk\Agenda Cover Memos\CM Memo\Clear Channel Billboards 080205 Page 1 of I Barcinski, Robert From: Ruby, Susan Sent: Friday, July 29,200510:12 AM To: Barcinski, Robert Subject: Clear Channel Memo I have reviewed F,S. Section 70 referenced in the memo from Clear Channel. The Statute allows consensual agreements to relocate billboards on terms that are mutually acceptable to municipalities and billboard companies. However there IS no requirement In the law that we enter into such agreement. Susan .J\. 'Ru6y City Attorney 200 N. W. 1st Ave. Delray Beach. FI. 33444 Telephone. 561-243-7091 Facsimile: 561-278-4755 [I,.!RY@CJ.deIJay-beach. fl, u~ 7/29/2005 Planning & Zoning Department M E M 0 RA N D U M 'W' "'''' , """"",' '" "','" " , ""M'" "~''''''''''F' "F'M"","'" ,""" " . "'"'' """,-,." ""'''' , ,-,,,,,,, '"0_''''' TO: David T. Harden City Manager DATE: JU~~~' FROM: Paul Dorling, AI.C.P Director, Planning a oning Lula Butler~ Director, Community Improvement SUBJECT: Clear Channel Outdoor Request We have reviewed the most recent request by Clear Channel Outdoor to reduce four (4) of the local billboards in exchange for three (3) new 1-95 locations. We would recommend against approving this proposal for the following reason: . The proposed locations are on properties currently zoned GC (General Commercial), A (Agricultural), and MIC (Mixed Industrial and Commercial), and are currently underdeveloped. Given this factor, it is quite likely that these sites will be redeveloped in the future While Florida Statutes prohibits the City from requiring the removal of billboards with development or redevelopment, nothing prohibits the underlying landowners from not renewing existing leases and voluntarily removing the billboards. We believe this will be an ongoing trend given the negative impact billboards may have on quality redevelopment of sites. Given the escalation of land values and the deSire of developers and landowners to maximize development potential on sites, we believe it will only be a matter of time before these local billboards will become obsolete. Given this we feel that the Commission should not consider placing three (3) new signs on 1-95 which would negatively impact the 1-95 view corridor for many years to come PD:dav '"'~ '"" ---.' " " ,;ry".:r-~'~ ~"'!IJP",,~,",~ ~}.!.'r~~b.~~~ ..-- ~ , ' ~,''''-'''': tn C 0::: <C 0 m ...I J: ...I - m ~ 0 tn co <C z ~ w 0 "'C m ~ c ~ 0 t=- ~ m 0 - D:: - 0 Z ..c ~/<a ~ :) +-' iit' < w :E ::J ~ -.- ~ c 0 If--':.-':~, -, :E en < ~Ji!t.~ ~i" J LL 0 ..... 0 0 LL I ~ ...I 0 W 0 Z C\l - , 0 z ai <C 32 :::t: en 0 +-' en 0::: co <C w W I ...I - 0 ~ I ~ Q) "'C Q) LL Z - T"'" ~ I en ::::> Q) :::J C Q) ~ C/) C/) ~ C> C 0 U '+- 0 - C/) Q) ~ l- LL. I 0 -.:::t C'\I Q) "'C en ..c t 0 Z I Q) :::J c: Q) ~ u +=- c CO ~ . . ; . . i if'" - ~ := i lO ~ 1 i i~ ~ ~I' '~ 1--' ~ CC .ell ;~ ~!: ~ ;.J ZI jOoi ,-... <1:;, j"t" '-' "'I ' ", w ~'.i;:: I, ,'(',) - i ' ! '"0 ~ , 1..... -- , 'I,~ ...., r ...) "'C ~ CO - c '0 a. ...c: 0> I - 0 - CJ) Q) ~ r- LL I 0 0 LO Q) "'C U5 ...c: t 0 Z I ; - Q) , :::J C I Q) > <( I ~f' () +:; I c co <( LZ:€O 900ZoSZo co L.. ~ ~ co :'!:: ~ en -- 0 - en ro W en Q) ~ C\I Q) "'C en ..c: - ::J 0 en I Q) ~ (,) ~ c: CO :( O'lll~/Z1JU~ MUN IJ:IU ~1U JUJ I HJ4~U Clear cnannel OUluoor IgJUUlI UIU ~ CLEARCHANNEL OUTDOOR July 25, 2005 Via Fax and Hand Delivercd#: 561-243-3774 The Honorable Mayor IeffPerlman City of Delray Beach 100 N.W. First Avenue Delray Beach, FL 33444 RE Clear Channel Communications Proposed Billboard Reduction Program. Dear Mayor Perlman: Please find enclosed. a revised proposal from Clear Channel Communications to reduce the number of existing billboards within the City ofDelray Beach. Clear Channel Communications owns the below four (4) billboards in the city at the following locations: 1. US Hwy. 1- east side, 200 feet south of Bond Way 2. Atlantic Ave. - north side, 500 feet west of Highpoillt Blvd. 3. Atlantic Ave. - north side, 240 feet west of Congress Ave. 4. Atlantic Ave. - south side, .2 miles east of Military Trail. Clear Channel proposes to remove four (4) in the City in exchange tor three (3) new sites along 1-95 within the City of Delray Beach municipal city limits. We believe that the removal of these billboards from residential areas to industrial areas is a positive move tor the City and the residents. Attached for your review is the proposed agreement, along with a copy of Florida Statute 70.20 which is the enabling legislation which provides for billboard relocation/reduction programs by municipalities. We have contacted Mr. David Harden, City Manager, and have requested that this item be scheduled for consideration by the City Commission at the Tuesday, August 2nd, 2005 City Commission meeting. If you have any questions or would like to meet with us again to discuss the agreement, please give me a call at the number listed below or call our Palm Beach County consultant Geoff Sluggctt at 561-689-2202. We look forward to working with you. Cc: Geoff Sluggett " ,.' ,-- ~~T\/ED t l.~v~. ~i iQ2-'-62,'O;..1 JUl 1 5 2005 i .:W5 I' ... 1 CIc..cCh...nlld OU1:dOOl . i -177" {75U f.. I I... .. ... .... . _ _ ____ _______--' )KUlJ N.W 77rh Court''' f\.1umi~ 1'1 .:l3I,.(. crrv CLERK vl/J.u,i,-vvu 1I1Vl' .LV..L.L 1 tl...l UVU I J.."IU~UV v,L\"Ul vUUl.lll\.-.1. VU.\,,\.lVVl '0 VV"I V.1.V BILLBOARD RELOCATION AGREEMENT THIS AGREEMENT is made and entered into this _day of 2005 by and between the CITY OF DELRAY BEACH, a Florida municipal corporation. 100 N.W. 1st Avenue, Delray Beach. Florida 33444 (hereinafter ~City"), and CLEAR CHANNEL OUTDOOR. INC.. a Delaware corporation, 5800 NW _ 77th Court. Miami. Florida 33166 (hereinafter "Clear Channen. WHEREAS, Clear Channel ClJrrently maintains several billboard structures within the corporate limits of the City of Delray Beach; and WHEREAS, Clear Channel wishes to remove four (4) existing billboard structures in exchange for three (3)new sites within the corporate limits of the City of Delray Reach, adjacent to and visible from Interstate 95 ("1-95"); and WHEREAS, section prohibits off-premises signs. including billboards, and requires that all sign copy advertise, promote or otherwise attract attention to goods and services available on the property on which the signs are located; and WHEREAS. notwithstanding the City Code's prohibition against off premises signs, section 70.20. Florida Statutes (2002), authorizes municipalities to enter into relocation agreements and provide for the relocation and reconstruction of billboards by agreement. ordinance or resolution; and WHEREAS, the City and Clear Channel have agreed to a reduction in the number of billboard structures within the corporate limits of the City and to the relocation of existing billboard structures to the Interstate 95 corridor; and WHEREAS, the parties Wish to pro",ide the terms and conditions under which such billboards shall be removed and relocated. NOW, THEREFORE, in consideration of the mutual covenants and promises hereafter set forth. the City and Contractor agree as follows: A. RECITALS The above recitals are true and correct and incorporated herein by this reference B. RELOCATION OF BILLBOARD STRUCTURES 1- Clear Channel agrees to remove four (4) existing billboard structures in exchange for the opportunity to construct three (3) billboard structures on sites located adjacent to and visible from Interstate 95 (hereinafter '~1-95 sites"). In the event of Clear Channel losing a location, Clear Channel may have the right to relocate any such sign to another site located adjacent to and visible from 1-95. 2. The City shall grant Clear Channel a credit for three (3) 1-95 sites for four (4) Existing Billboards demolished. Each credit entitles Clear Channel to apply for a billboard construction permit in accordance with section C below, provided all other requirements of this Agreement are met. Clear Channel, its successors or assigns, agrees that any and all assignees or successors of a credit shall be given a copy of this Agreement and specially made aware of the terms and conditions of this Agreement of the fact that they would also be bound by all the terms and conditions contained herein. C. BILLBOARD CONSTRUCTION PERMITS AND ANNUAL FEES 1. Each application for a billboard construction permit shall contain, at a minimum, the follOWing information: 1 - ------- ------ V II J.\JI '-VVU J.I1Vl' .J.V. ~~ 1...1...1. uvu I~""IU'"IVV \""~"'Ul '-'llUlllJ.'-'~ V\.l\.r\.l.VVl --C VVUI V.LV a. A specific purpose survey of the leased property indicating proposed setbacks from the nght-of-way, the nearest billboard on the same side of the right-of-way, and the nearest intersection on the same side of the right-of-way; and b. A cross-section depicting the distance between the billboard and the right-of-way. as well as the maximum height of the billboard at grade and from the crown of all adjacent rights-of-way; and c. An elevation plan depicting the dimension of the billboard face: and d. Written permission of the property owner for the billboard location. 2. Clear Channel shall pay an annual fee to the City of Delray Beach in the amount of$ ~r new 1-95 billboard structure. The City shall facilitate and process in fifteen (15) days any and all complete applications relating to construction of -relocation". A permit application shall be deemed complete if it includes the standard building permIt information and is accompanied by an engineer registered in the State of Florida. D. STANDARDS FOR BILLBOARD STRUCTURES AND SIGNS 1. All billboard structures and signs constructed on any '-95 site shall comply with all Florida Department of Transportation permitting requirements. 2_ In addition to Florida Department of Transportation permitting requirements, all billboard structures and sign faces constructed pursuant to this Agreement shall comply with the follOWIng additional requirements: a. Structural ReQuirements Each billboard structure shall consist of a single monopole and a double-sided sign face and shall comply with all Florida Building Code requirements. Roof mounted billboard are prohibited. b. Location (1 ) No billboard structure shall be located within one hundred (100) feet of any reSidentially zoned property on the same side of the 1-95 right-of way. (2) No billboard structure shall be located within fifteen (15) feet of the 1-95 right-at-ways. (3) All billboard structures along the same side of the 1-95 right-of-way shall be separated by a distance of at least fifteen hundred (1500) feet. Upon the Florida Department of Transportation issuance of the permits. Clear Channel shall proceed with the removals of in accordance with this agreement. c. HeiQht The sign height shall not exceed sixty-five (65) feet above the crown of the adjacent main traveled way of Interstate 95. 2 V II t.tJl t.VV" DIVl1 1.". U. l'n.1 "V" /1. 'l"'lUV I.lCOl \..1101111C1. VU\,UVVl Ll!:)VV't1 VJ.V d. SiQn Faces (1 ) Each sign face shall be no larger than forty-eight (48) feet wide and fourteen (14) feet high and shall not exceed 672 square feet. (2) Embellishments shall not exceed twenty (20%) of the total area of the sign face or extend more than five (5) feet beyond the edge of the sign face. (3) Each sign face shall be placed so as to be primarily visible from the traffic lanes on Interstate 95. e. III u m ination (1 ) Signs may be illuminated; however, signs which contain include or are illuminated by any flashing, intermittent or moving lights are prohibited. (2) No sign shall be illuminated so that it interferes with the effectiveness of or obscures an official traffic sign, device or signal. (3) All illumination shall be directed toward the sign face. f. Content (1) Signs advertising any establishment or business that could reasonably be characterized as providing adult entertainment, publications containing sexually graphic materials or any other form of entertainment that appeals to the prurient interest in sex shall be prohibited. (2) No sign erected pursuant to this Agreement shall contain any of the following: obscene language or language that describes sexual conduct; graphics that depict sexual conduct, human genitalia or buttocks which are not fully covered, or female breasts which are not fUlly covered; or graphics which depict scenes or images which could reasonably be construed as being obscene or which appeal to prurient interests. E. RECOGNITION OF CIlYS REGULATORY AUTHORITY AND WAIVER By executing this Agreement. Clear Channel recognizes and acknowledges the City's home rule and statutory authority to regulate and/or ban billboards within its corporate boundaries. In consideration of the City's agreement to allow the relocation of existing billboards and not otherwise seek their removal, Clear Channel, its successors or assigns, covenants and agrees that it shall not file any administrative or judicial challenge to the City's sign code as it relates to billboards, as it currently exists or as it may be amended from time to time, and shall not seek any additional billboard structures within the corporate limits of the City of Delray Beach. 3 U/I'J/~UUJ mun IJ.I' r~1 dUd II~d~OV Liedl Llldllllei UUlUUUl ~ VVtJl VIV F. AGREEMENT RUNNING WITH CLEAR CHANNEL This Agreement shall run Clear Channel and the locations permitted hereunder. This Agreement shall be binding upon the parties hereto. their successors and assigns. The parties represent that they have full authority to enter into this Agreement and implement this Agreement for the application. location and SIgns referenced herein. G. MISCELLANEOUS PROVISIONS 1. All notices or other written communications required. contemplated or permitted under this Agreement shall be in writing and shall be hand delivered. telecommunicated, or mailed by registered or certificated mail (postage prepaid), return receipt requested. to the following addresses: As to City: City of Delray Beach 100 N.W. 1st Avenue Delray Beach. Florida 33444 Attn: Facsimile: <_) As to Clear Channel: Clear Channel Outdoor 5800 N.W. 77th Court Miami, Florida 33166 Attn: Real Estate Department Facsimile: (305) 714-3480 2. This Agreement constitutes the entire understanding and agreement between the parties with respect to the subject matter hereof. 3. This Agreement may be executed in one or more counterparts. each of which shall be deemed an original but all of which constitute the same Agreement. 4. All of the terms and provisions of this Agreement, whether so expressed or not, shall be binding upon. inure to the benefit of, and be enforceable by the parties and their respective legal representatives. successors, and permitted assigns. 5_ It any part of this Agreement is contrary to. prohibited by or deemed invalid under applicable law or regulation. such proviSion shall be inapplicable and deemed omitted to the extent so contrary, prohibited or invalid, but the remainder hereof shall not be invalidated thereby and shall be given full force and effect so far as possible. 6. This Agreement and all transactions contemplated by this Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of Florida without regard to any contrary conflicts of law principle. Venue of all proceedings in connection herewith shan lie exclusively In Palm Beach County, Florida, and each party hereby waives whatever its respective rights may have been in the selection of venue_ 7. The headings contained in this Agreement are for convenience of reference only, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement. 8. The effective date of this Agreement shall be as of the dale it has been executed by both the parties hereto_ 9 The parties acknowledge that each has shared equally in the drafting and preparation of thIS Agreement and, accordingly, no Court or Administrative Hearing Officer 4 U'f/,~/1UU~ MUl~ l~:lJ r!\1 JU:J flqJqOU Clear Cllallllel UUluuur ~UUUf UIU construing this Agreement shall construe it more strictly against one party than the other and every covenant. term and provision of this Agreement shall be construed simply according to its fair meaning. 10. It is hereby understood and agreed that in the event any lawsuit In the judicial system, federal or state, is brought to enforce compliance with this Agreement or interpret same. or if any administrative proceeding is brought for the same purposes, the non-prevailing party pay to the prevailing party reasonable attorney's fees and costs, induding appellate fees and costs. IN WITNESS WHEREOF, the parties have executed this Agreement on the dates hereinafter written. Executed by the City this_day of ,2005. CITY OF DELRA Y BEACH, a Florida [SEAL] municipal corporation By: Mayor ATTEST: City Clerk ST ATE OF FLORIDA ) COUNTY OF PALM BEACH )ss: The foregoing instrument was acknowledged before me this_day of 2005. by . as Mayor and City Clerk, respectively. for the City of DeJray Beach, who did I did not take an oath. NOTARY PUBLIC (SEAL) (Print Name) My Commission Expires: Personally Known OR produced identification Type of Identification: 5 Uj/l~/lUU~ MUN l~:lJ rf\1 JU;) IlllJIlOU Clear cnannel UULUuur It':lUU/lUlU Executed by Clear Channel this_day of ,2005. CLEAR CHANNEL OUTDOOR, INC.. a Florida corporation. By: Name: Jasper Johnson Title: President. Clear Channel Outdoor. S. FL Div. ATIEST: Name: Tille: STATE OF FLORIDA } COUNTY OF )55: The foregoing instrument was acknowledged before me this day of _ , 2005. by and , as and for Clear Channel Outdoor, Inc.. a Delaware Corporation, who did did not take an oath. NOTARY PUBLIC (SEAL) (Print Name) My Commission Expires: . Personally Known OR Produced Identification Type of Identification: 6 U7!Z~fZUU~ MUN l~:lJ tAl JU~ (lqJq~U Clear cnannel OUlaoor tgj UUOI UIU Title VI Chaoter 70 View Entire CIVIL PRACTICE RELIEF FROM BURDENS Chapter AND PROCEDURE ON REAL PROPERTY RIGHTS 70.20 Balancing of interests.--It Is a policy of this state to encourage municipalities, counties, and other governmental entities and sign owners to enter into relocation and reconstruction agreements that allow governmental entities to undertake public projects and accomplish public goals without the expenditure of public funds while allowing the continued maintenance of private investment In signage as a medium of commercial and noncommercial communication. (1) Municipalities, counties, and all other governmental entities are specifically empowered to enter into relocation and reconstruction agreements on whatever terms are agreeable to the sign owner and the municipalityr county, or other governmental entity involved and to provide for relocation and reconstruction of signs byagreementr ordinance, or resolution. As used in this section, a "relocation and reconstruction agreement" means a consensual, contractual agreement between a sign owner and a municipality, county, or other governmental entity for either the reconstruction of an existing sign or the removal of a sign and construction of a new sign to substitute for the sign removed. (2) Except as otherwise provided in this section, no municipality, county, or other governmental entity may remove, or cause to be removed, any lawfully erected sign located along any portion of the interstate, federal-aid primary or other highway system, or any other road without first paying just compensation for such removal as determined by agreement between the parties or through eminent domain proceedings. Except as otherwise provided in this section, no municipalityr county, or other governmental entity may cause in any way the alteration of any lawfully erected sign located along any portion of the interstate, federal-aid primary or other highway system, or any other road without first paying just compensation for such alteration as determined by agreement between the parties or through eminent domain proceedings. The provisions of this section shall not apply to any ordinance the validity, constitutionality, and enforceability of which the owner has by written agreement waived all right to challenge. (3) In the event that a municipality, county, or other governmental entity undertakes a public project or public goal requiring alteration or removal of any lawfully erected sign, the municipality, county, or other governmental entity shall notify the owner of the affected sign In writing of the public project or goal and of the intention of the municipality, county, or other governmental entity to seek such alteration or removal. Within 30 days after receipt of the notice, the owner of the sign and the municipality, county, or other governmental entity shall attempt to meet For purposes of negotiating and executing U7/25/200~ MUN IJ:14 fAI JUJ (14J4~U Clear cnannel omaoor ~UU:1/UIU a relocation and reconstruction agreement as provided for in subsection (1). (4) If the parties fail to enter into a relocation and reconstruction agreement within 120 days after the initial notification by the municipality, county, or other governmental entity, either party may request mandatory nonbinding arbitration to resolve the disagreements between the parties. Each party shall select an arbitrator, and the Individuals so selected shall choose a third arbitrator. The three arbitrators shall constitute the panel that shall arbitrate the dispute between the parties and, at the conclusion of the proceedings, shall present to the parties a proposed relocation and reconstruction agreement that the panel believes equitably balances the rights, interests, obligations, and reasonable expectations of the parties. If the municipality, county, or other governmental entity and the sign owner accept the proposed relocation and reconstruction agreement, the municipality, county, or other governmental entity and the sign owner shaJl each pay its respective costs of arbitration and 'shall pay one-half of the costs of the arbItration panel, unless the parties otherwise agree. (5) If the parties do not enter into a relocation and reconstruction agreement, the municipality, county, or other governmental entity may proceed with the public project or purpose and the alteration or removal of the sign only after first paying just compensation for such alteration or removal as determined by agreement between the parties or through eminent domain proceedings. (6) The requirement by a municipality, county, or other governmental entity that a lawfully erected sign be removed or altered as a condition precedent to the issuance or continued effectiveness of a development order constitutes a compelled removal that is prohibited without prior payment of just compensation under subsection (2). This subsection shall not apply when the owner of the land on which the sign is located is seeking to have the property redesignated on the future land use map of the applicable comprehensive plan for exdusively single-family residential use. (7) The requirement by a municipality, county, or other governmental entity that a lawfully erected sign be altered or removed from the premises upon which it is located incident to the voluntary acquisition of such property by a municipality, county, or other governmental entity constitutes a compelled removal that is prohibited without payment of just compensation under subsection (2). (8) Nothing in this section shall prevent a municipality, county, or other governmental entity from acquiring a lawfully erected sign through eminent domain or from prospectively regulating the placement, size, height, or other aspects of new signs within such entity's jurisdiction, including the prohibition of new signs, unless otherwIse authorized pursuant to this section. Nothing in this section shall impair any ordinance or provision of any ordinance not 07/ 2~I.ZUU~ IUN l~: 14 ~Al jU~ Ilqjq~U Clear cnannel OULooor ItY V1VI U1V inconsistent with this section, including a provision that creates a ban or partial ban on new signs, nor shall this section create any new rights for any party other than the owner of a sign, the owner of the land upon which It Is located, or a municipality, county, or other governmental entity as expressed in this section. (9) This section applies only to a lawfully erected sign the subject matter of which relates to premises other than the premises on which it is located or to merchandise, services, activIties, or entertainment not sold, produced, manufactured, or furnished on the premises on which the sign is located. (10) This section shall not apply to any actions taken by the Department of Transportation that relate to the operation, maintenance, or expansion of transportation facilities, and this section shall not affect existing law regarding eminent domain relating to the Department of Transportation. (11) Nothing in this section shall impair or affect any written agreement existing prior to the effective date of this act, including, but not limited to, any settlement agreements reliant upon the legality or enforceability of local ordinances. The provisions of this section shall not apply to any signs that are required to be removed by a date certain In areas designated by local ordinance as view corridors if the local ordinance creating the view corridors was enacted in part to effectuate a consensual agreement between the local government and two or more sign owners prior to the effective date of this act, nor shall the provisions of this section apply to any signs that are the subJect of an ordinance providing an amortization period, which period has expired, and which ordinance is the subject of judicial proceedings that were commenced on or before January 1, 2001, nor shall this section apply to any municipality with an ordinance that prohibits billboards and has two or fewer billboards located within its current boundaries or its future annexed properties. (12) Subsection (6) shall not apply when the development order permits construction of a replacement sign that cannot be erected without the removal of the lawfully erected sign being replaced. (13) Effective upon this section becoming a law, the Office of Program Policy Analysis and Government Accountability, in consultation with the property appraisers and the affected private sector parties, shall conduct a study of the value of offsite signs in relation to, and in comparison with, the valuation of other commercial properties for ad valorem tax purposes, including a comparison of tax valuations from other states. The Office of Program Policy Analysis and Government Accountability shall complete the study by Oecember 31, 2002, and shall report the results of the study to the President of the Senate and the Speaker of the House of Representatives. ~c{ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~TY MANAGER SUBJECT: AGENDA ITEM # q\') - REGULAR MEETING OF AUGUST 2. 2005 APPOINTMENTS TO THE PUBLIC ART ADVISORY BOARD DATE: JULY 29, 2005 On February 1,2005, The City of Delray Beach City Commission adopted Ordinance No. 77-04 establishing the Public Art Advisory Board fo~ 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 right-of-way and City owned property. The Public Art Advisory Board shall consist of seven (7) members. Three 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 Pursuant to Commission direction, a check for code violations and/or municipal liens was conducted. None were found. Voter's registration verification was completed and all are registered. Based on the rotation system, the appointments will be as follows: See Exhibit "B" attached Recommend appointment of seven (J) regular members to the Public Art Advisory Board for specified term expiration dates as listed in Exhibit "B". -- PUBLIC ART ADVISORY BOARD EXHIBIT "A" Applicant Occupation Dorothy Beck Business Owner Geraldine Biller Museum Curator Linda Christy CEO Robert Currie Architect Laura Di Bello Director Vincent Dole Finance Joe Gillie Executive Director (currently on the Parking Management Advisory Board) Marilynn Gladstone Executive Director Roger Hurlburt Art History Professor Jayne King Educator Sharon Koskoff Artist Isabel Make Professor Carolyn Pendelton-Parker Landscape Architect Jerry Rabinowitz Photographer Kevin Rouse Business Owner Susan Sabin Sales/Business Owner Mary Smith Consultant Kera Trowbridge President Patricia Truscello Public Relations Specialist Peggy Usem Educator -- PUBLIC ART ADVISORY BOARD EXHIBIT "B" Expiration Date Commissioner/Mayor to appoint August 2, 2006 (one year term) Commissioner Ellis (Seat #1) August 2, 2006 (one year term) Commissioner Archer (Seat #2) August 2, 2006 (one year term) Commissioner Levinson (Seat #3) August 2,2007 (two year term) Commissioner McCarthy (Seat #4) August 2, 2007 (two year term) Mayor Perlman (Seat #5) August 2, 2007 (two year term) Commissioner Ellis (Seat #1) August 2, 2007 (two year term) Commissioner Archer (Seat #2) 06/01/~OI)5 ~l: 4E. ~61~747437 [1f'.1P PAGE O~ oe..RAY lEACH LJtl$IA;~SY tNver .. .. . .. . . .. l!!l!! 'lllr CITY OF DELRAY BEACH {j~/1J1 BOARD MEMBER APPLICATION 1993 2.001 Please type or print the foUowWg mfom12.noQ; ML L ~1JE~ NameD ?J~.LJ r H' 2- HO~ A'~:s: C Stlltc: DI'?- , 117& FL-. /01 _. S'seLL 3. Legal Residc.o= Cicy Stace 4. PJincipal Busin=s Ad~: City State Zip Code //~3 E. /7 TL ,qAJ r Ie ffrl6 ()GL-~/f. -: /30{ F-L. 51f~ 3 -- Business Phone: E-Mill .Add.ccss: C~ll Phone: F~ S. Home Phone: t. / - 2t S- - all C. 2-14-7~3' OO/S1/LIlj513~Ad... 54.1-70 - 770 t.7+-7+:J o. _~.I'C TOll" I:e.gistacd Toter? YES If ~07 whe.f:e 2.tC you .r~(:Grc& ffi ~ /k/f"J f) e</I 7. WblIt Boud{s) :u:~ you 11l.cacst~ in serving? Please ~l in ol:der of pt'~fe.[eacc: -- /:;u6/;c. ,/J/21- /9dYL~~{1; ~41 _ . ~.- g ~t- ill- UlY 11.........J.. on ~ch you UC <:un: y :l~ or hve pttViOWJ.ly 5et"9hb$C indu& date:s) I Cft' ~"f 1'9 E..e. - \ /-:"Y A!7-i/ ovr vI=- E - /J ~ A ,q - 't/ /3 L-/ C. A-,e.. I I 9 E.du~~-qo.iliEca.tion.,: /1-:5 /./) - A/Jt//:::: '~L~' ./f,.1= F-/>>C"? rh~T-S - N Y - ~ L~' ()~ cA./-:::/AJcC;;,e;: / .~J C , 10. 11&!:my r.eh.tt:.d profc:.s5iorul ccnificuioos Uldlic.e.nses -whic:;h JO\1 hold -- - - 11. Give YOUJ: prcse.nr, or moat rc:c.cnt CCD.ploycr, and p~3itior.l: ...5 C:-L"- e7f-:;? /'~ 0 Y c=- D - /1 (/0 7[!P "C.R.6.+T6L /,g NtPM/f..v" /bL2Mc=ec:: V vDp,E!OrHY.5 ~/~ /. / 12. Describe ~~CJ.c.c:s. skills or knowkdge which qlUlify yo~l to $erve: on this boud: (pl<:aSc a.ttach .. b~f reslJt1'\~) '/(/7"" c- e G ./A) T/f-c ~;eT5 -rGcrz:.A)~LO 6 - ~AJ _.D6[~/9 V 85/1-C# - --- -,. , - I hcceby c.c.rtiL} chat llll me llh~we $t:l.ten1euu :u:e: ~--;;d 1 :lgo'X and ut'ldt:D~d ~(allY millStltcD\eu.t of roatctDl f1\C'l:S ~'Zin dW 'l'pli~oio. may ~. f<<fU""" upon my pm of.." oppo"",,=' T nay ="' t.4L~/ ~ '~/~/6JS- - SlCN.t\.l1JRE. / - OATH /" Note: Tbi.! applicatioQ will .remain on 61('; in The. City ~k'1> Offi~ &'1: II. p~ of 2 ycus from me d3.te it. W1UI zubwittcd. It 'Will be the applieant's J:~po"$ibi1ity to <:nsuie that... cuac-.nt appliation is on 6le. ~uo's . ~ ~OOZ E - NOr a3^13~3H ---~-- rev cc cuu~ ~:ll~M H~ LH~~~JET 3200 p.2 ., ".s Tl~ 09", FAX ... '" 'f" CIT< CLER' i1'tCI~ ~~~ ~':~"! .. RECEI\/FD , III In CITY OF DELRAY BEACH ~ ~ BOARD MEMBER APPLICATIO.II FEB ? 3 2005 1993 C\TY CLERK ::W01 - Please e or ~t the fonoWlnfi; infomutioa; ~ _ :(,.. ~ -01 1_ LastN-e I ~~A- 7&i::R.ADI10c ( <:r-eE~~Y I M.J'R 1 2. Home AddJltu= I City I ~.~tc Zip Code . ~ b1.0 1'1<'-5..1 I1.fl be y: B'EA<:H t.l- L g<2'fl 3. Lega! Re&J.Cir.lc:;e: Cuy ~ .la.te Zip Code 4. p~~t~s.sV;;dre's= ~ty. "'-~ ';i-an: Zip Code tJ~ ~os;.3 - '.'1 HILW,,\J\<t:L... UJI 5320 I M I LU)fI. 0 r-<. t::::L: J L-V , 5. HOIJ1e Pboo.r:; " BIl;1ness Phone Cc! Phone: '~ax: f 5 b' ~;) (PC; -X3~~k1H-""3 Od- 4.pt--/~ ~t.f( .tL~~d -~7~ - ~b'lS'4 6. ^[~ YOU;1 tc~$cered votui "YE S when: ue you r-egisrered? 't) f: l::,..R y elAeJ-{ _ .t ? 'i.Vbu BOlUd(~) llrt.Jou auuesr.ed 1.ll s~lease li~t in Ot'dl!:[ of ptrtcren<::e r ~Ue\LI C ~E.S - --~ 8. L.,.: a!1 City Bo;u:ds or.. which you ue CUttl:.'ldy laving ex bllV'e p.t'e'9iomly ,crvcd (pICf<5c incl\ldt dues) - --- , t:::11.LL:Q1 L' \ ~:\'fI 1<;ltR' .\ Des; &- !\jb\'Z,+t. ilER.1\J ___'__ V N.~ j~~"I:L LV f\(V'STt)r\)J - - ~ 'lS~ :::t L..W LS. 11. (rtV"e yotU preseot, or most uceat .rnplop:z. an<! P~~.~ 't- I k~ p\ll..r MUSt:-Uf'..1 -Cl )R.A"l)~!~~LIR~ Gt:.e: ^ Tr A <:.J-{'E; b R:t.Su N E~ " 12. DCloibe ~uienc.es. IkiJls or kao~ ..ro.tch c:wUy you to serve on thi!> boRcl. (pleue 2m. :h .. bOd resume) C1JAA1Q~ltL- R t..Sr-oNSI ~(uyie.s lAJc..U/t)E ~~_s.e::-.AJ:~~ ~ ~ t,.~J2J<;,.IT7(}t0 'l-~ O~S~\e..V 1i'\J 1) V\.) t} t:- ALL Vt~VA kJ\R-t ~ f3 '- Rl:..P ,~ Df- ~LL f::.ssAYS AtV f;) Nf1'\l:.RJ ALS.. F '[Xtlr~IJI I hac:by cucify m:u::ill :he a~e stUcro<:nlll UI: tt\le. 1LO.d I agree &nd lU1dcr~tUId ct.u U17 lnUSt1tCl :v::1t ofJD.ll.te.tW lut. <:..A cotlc.inod.in l:hir> application roilY came forCeit\IR upon my put of MY -.ppoin1m.em I m.y reccive /' ~~ p. ~ ~BRUf\P-\._;L:>') ;)..DtS~ SfGNATlJRE D.'\l'E Note" Thill .pplicatioa will rc:::znW ou file in the City Cluk'!! Office. for,. period Qf 2: ycus irrom the date it 'Was allbmitted. It will be the appJicatlt"!l responsibility to enllure du,t a ctu:rellt fl.Pplil;&tic In is 00. file.. ~..."""""uc-.nOH " FEB 22 2005 4:11PM HP LASER JET 3200 p.3 31'3 ~raldine P. Bitler PROfESSION AL EXPERIENCE Milwaukee Art Museum 1988 to,~ 199cg Guest Curator. LaJin American Women Artists, 1915-1995, March 3, 1995 - Aug wt 25, 1996 (Milwaukee Art Museum; Phoenix Art Museum; Denver An MuseumlM lIseo de las Americas, Denver; National Musewn of Women in the Arts, Washington D.C., Ce Iter for the Fine Arts, Miami). Exhibition Coordinator, A Haitian Celebration: An and Culture. April-June 199: Curatorial staff member Involved. in all aspects of the following exhibitions: Word as Image: Anzerican Art from 1960 to 1990, lune - AugUSt J 991. / Milwaukee Art Museum. Oklahoma City Art Museum, Oklahoma City, Oklahoma; COll't:mporary Art Museum, Houston, Texas). Currents 13: Ross Bleckne.r, March-May 1989 100 Years ot WlSconsin An, September-November 1988 Freelance Graphic Designer 1976-1986 Project Director Department of International Programs. Georgetown University, Washington, D.C.. 1914-1976 Carnegie Graduate Program for Training and Research. Department of Political .s :'iteoce, Northwestern University. Evanston, Illinois. 1958-1959 Art Teacher, Program Director, Curriculum Coordinator Quito School for Deaf and Blind, QUItO, Ecuador, 1966-1969 International School, The Hague, Netherlands, 1959-1962 Wa1cefield Jr.-Sr. High School. Arlington, Virginia, 1955-1956 EDUCATION University of Wisconsin - MilwauJcee, M.A., An HistoI)', 1990 Corcoran School of Art. Washington. D.C., Graduate Seminar in Graphic Design, 1975 American University, Washington, D.C., Graduate Studies in Education, 1955 Northwestern Univernity, Evanston, Illinois, B.A., Art History and Design, 1955 FOREIGN EXPERIENCE Le Havre, France, 1956-1958 The Hague. Netherlands, 1959-1962 Quito, Ecuador, 1966-1969 Buenos Aires, Argentina. 1969-1971 Smtiago, Chile, 1971-1973 ,. tetJ-O,e/Jcv7 d7~ . DElRAY BEACH . , 0 . . 0 " ItwJftd .... I II....CIty CITY OF DELRA Y BEACH , III t! BOARD MEMBER APPLICATION 1993 2001 1. Name{,.. M.I. t ,...tD 2. Hom~ddress: Ci ,0 State ~~~~ 22.J ~ - 7r ~ 3. Legal Residence: City Zip Code 4Yfl ~.~L:; ,..IE: J€.. ~.t>~( OS 4'1'7"2 4. Principal Business Address: City State Zip Code 5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax: - - ~(P. e 6. Are you a registered voter? \ 7. 8. City Boards on which you are currendy ~g or have pr~ served: (please include dates) - t-Ir1 \.Ct t tt> \. c.rt-. $-rKrE= N. 10. List any related professional certifications and licenses which you hold: ~ c..e;;.. . all the above statements are true, and I agree and understand that any misstatement of material facts p licati n forfeiture upon my part of any appointment I may receive. <:1'Z~/ot? DAm I IVED . This appli tion will on file in the City Clerk's Office for a period of 2 years from the date it was . It will be the applicant's responsibility to ensure that a current applicatio~~Jtf1l005 ( AlU)lAPPUCATION CITY CLERK Page 10fl Cobb, Venice From: urbanmatters [urbanmatters@sbcglobal.net] Sent: Thursday, July 28, 20054:59 PM To: Cobb, Venice Subject: Application Hi Venice - Thank you for your thoroughness in following up on my application for consideration as a board member. My office address is 2200 Old Germantown Rd., Delray Beach, FL 33445 where I work as a Category Manager. If there's any other information that I need to submit with my application, please feel free to give me a call on my cell (616.485.3352) Thank you so much for your help. Linda Linda Christy Executive Director/CEO urbanmatters 616.485.3352 urbanmatters@sbcglobal.net 7/29/2005 Urban issues do matter: more today than in any time in recent history. Society is shifting its focus from sprawling to the suburbs to coming together within the city's center and exploring multiculturalism, diversity of philosophies, religions, orientations and education. And education is the key. Unfortunately, urban environments have bom the brunt of budget balancing for far too long; feeling the effects of the squeeze upon its infrastructure, its people, their education and the next generation. A previous generation understood and protected the provisions of a liberal education. They cherished and protected the process of education which first provided the tools and then encouraged one to think. '!bat generation understood the significance of a thinking population and its ability to foster a thoughtful society. Today's generation of educators must turn its back upon the concept of a liberal education; for the core tools of literature and music and art and theatre have been forsaken for a balanced budget. Urban Matters believes that a thoughtful, thlnklng people is essential to our society's future. The Arts are one means of ensuring that the next generation is able to think and create and imagine and solve. The local artists who are part of Urban Matters are a means of providing the essential tools required to leam these skills even though budgets have been shifted and funds have been frozen. I Linda Christy, Founder of Urban Matters, has over 20 years of high-level marketing experience as co-owner of ]ONHHYAdvertising, Director of Interactive Marketing for WLA V, WKLQ and WBBL, Director of Marketing for Salon Enterprises (panopoulos Salons, Haircuts Plus Salons and Chic University of Cosmetology), and Project Manager for American Seating. She has successfully applied her knowledge of marketing, communications, and public relations in many high-profile, non-profit events, including the Positivejy Wamn Go!! Classic - raising funds to support cancer research in memory ofWOOD-l'V's past Sports Director Warren Reynolds. She has been recognized by the American Advertising Federation for creative excellence, and was honored with the Association of Women in Radio and Television Professionalism Award Christy received her B.A. in Communication Arts and Sciences from Michigan State University - and firmly believes "when learning stops, so does life." Professional Accomplishments Vice President of Operations/ Co-owner, ]OHNNYAdvertising, Inc. Operations Management; Marketing Management; Media/Community Relations; Creative Direction Marketing Communications Project Manager, American Seating Co. Product Management; Website and E-Commerce Development/ Management; Media Planning/Management; Media Relations; Copywriting; Creative Direction Marketing Manager, Pipp Mobile Storage Systems, Inc. Website Management; CRM Management; Media Relations; Trade Show Management; Copywriting Interactive Marketing Director, Michigan Media, Inc. CRM Management (Customer Relationship Management); Sales Management; Promotions Management; Copywriting Director of Marketing, Salon Enterprises, Inc. Marketing Management; Promotion/Event Management; Media Relations; Media Planning/Management; Creative Direction; Copywriting; Photography Professional Affiliations and Achievements Ad Club of West Michigan (2003) Chair, Ad Club PM HolidayFest (1998- 2002) Sre~gCorrmlltteeM~bcr Positively Warren Golf Classic (2001 - 2003) Steering COrrmllttee Member; Chair. <<Swing into Spring" gala American Advertising Federation Advertising Awards (2000) Recipient, Citation of Excellence American Advertising Federation (A.A.F.) (1999 - 2000) Member. National Board of Directors American Advertising Federation Advertising Awards (1998) Recipient, Addy Award Association of Women in Radio and Television (1994) Recipient, Professionalism Award Ad Club of West Michigan (1985 - Past-President; President; Vice President; <CAddy" Awards present) Chair; Program Chair; <CSilvcr Medal>> A wards Chair; Board Member; Editor AdVisor; Membcr The Kensington Project (1989- 1992) Chair. Co-chair The Salon Source (1988 -1996) Chair; Business Development Committee Chair; Membership Committee Chair; Member YWCA/"~ jane, run" (1988-1998) Steering COrrmllttee Member; Chair. PR Committee "Tee-Off Against MS" (1990 - 1999) Steering Committee M~ber; Chair. PR Committee Women's Resource Center (1996 -1997) 'Women in the Workplace>> Steering Committee Junior Achievement (1986 - 1988) Project Business Consultant DURAY BEACH /?R'tf A/lt?(fr " , 0 . f . " 7-tk-D7 , CITY OF DELRA Y BEACH BOARD MEMBER APPLICATION RECEIVED 1993 2001 J U L 1 1 2005 Please type or print the following information: - -.. -. ,.. M f 1. Last Name: Name vi MI......_- \ " CURRIE ROBERT G. 2. Home Address: City State ZiK Code 72 S. OCEAN BLVD. #4 DELRA Y BEACH FL 3483 3. Legal Residence: City State Zip Code 72 S. OCEAN BLVD. #4 DELRA Y BEACH FL 33483 .4. Principal-Business Address: City State ZIp Code 134 N. E. 1ST AVENUE DELRA Y BEACH FL 33444 5. Home Phone: Business Phone: E-mail Address: Cell Phone: Fax; 789-6638 276-4951 RGCPCWCURRIEARC.COM 789-6638 . 243-8184 6. Are you a registered voter? If so, where are you registered? YES PALM BEACH COUNTY 7. What Board(s) are you interested in Serving? Please list in Order Of Preference: PUBLIC ART ADVISORY BOARD 8. List all City Boards on which you are currently serving or have previously served: (Please include dates) SEE A IT ACHED RESUME 9. Educational qualifications: Master in Architecturel1965/Harvard University Bachelor of Archltecturel1962/University of Minnesota 10. List any related professional certifications and licenses which you hold: Architectural License 11. Give your present, or most recent employer, and position: Currie Sowards Aguila Architects - PRESIDENT 12. Describe experiences, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume) Artist,7 ears of design education, 50 design awards, AlA Florida Firm of the Year 2000, Palm Beach Chapter of AlA Award of Honor for Contribution to Architectural Design in 1990 and the Gold Medal Award in 2002 I hereb certify that all the above statement are true, and I agree, and understand that any misstatement of material facts contain d in this application may cause forfeiture upon my part of any appointment I m y receive. Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. CURRIE . SOWARDS . AGUILA · ARCHITECTS ~ - ""-.o._~"""_ , " >:1....-"""':io__.-"" Robert G. Currie, AlA Jess M. Sowards, AlA Jose N. Aguila, AlA ROBERT G. CURRIE, AlA Senior Designer YEARS EXPERlEl'ICE Robert G. Currie is the founding principal of the . Since 1969 architectural firm CURRIE SOWARDS AGUILA ImGISTRATIOl'l ARCHITECTS located since its 1969 inception in Delray . Architect: Cert. Beach, Florida. He received a Master in Architecture fL#4964 . l'ICARB, #11365 from Harvard University, Graduate School of Design in 1965 and a Bachelor of Architecture from the EDUCATIOl'l University of Minnesota in 1962. Mr. Currie is certified . Bachelor of Arcbltecture, 1962 as an architectural professional by NCARB and has University of been registered in the states of Florida, Connecticut, Minnesota . Master In Illinois, Massachusetts, Maine, New Hampshire, Rhode Arcbltecture, 1965 Uarvard University Island, South Carolina and Virginia. Graduate Scbool of DesIgn Over the course of his professional career, Mr. Currie PROfESSIOl'lAL has planned and designed virtually every project type, AFflLIATIOl'lS including municipal, public assembly, residential, . American Institute of Arcbltects commercial office, hospitality and historical . florlda Association of AlA - restoration facilities, in both the United States and State Director abroad. His knowledge of international design and Palm Beacb Cbapter of fAlA - construction was developed through projects in the Past President Design Awards Middle East, Australia, Central America, China and the Committee - United Kingdom. In addition, he taught at the Chairman University of Sydney (Australia), the University of Miami COMMUl'Il'IY SERVICE (Florida) and Florida Atlantic University. ae ORG.VlIZATIOl'lS . federal Reserve Bank Ad\'lsory With almost fifty design awards to his credit, Mr. Currie Board - Southeast Region - Atlanta is the firm's principal designer and responsible for . Delray Beach projects through the design development phase. In Public Library Board Member 1990, he received the American Institute of Architects . Pineapple Grove Main Street Palm Beach Chapter Award of lIonor for Design for Board Member ae his contributions to architectural design. The firm was Design Cbalr . City of Delray honored by the Florida Association of AlA as the Firm Beach Planning and Zoning Board of the Year 2000 . In November 2002, Mr. Currie Past Chair received the prestigious Gold Medal Award from the . CIty of Delray Beacb Community Palm Beach Chapter of the AlA in recognition of his Appearance Board Past Chair contributions to the architectural profession. fORMERLY ROBERT O. CURRIE PARTNERSHIP, INC.' AlA FLORIDA FIRM OF THE YEAR 2000 1~4 Northeast First Avenue. Delray Beach, Florida ~~444' 561-276-4951' Fax 561-24~-8184. AAOOO2271 www curriearc com III lJi ~S 05 13:03 FAX I4l 00 ~ DElRAY BEACH ~'X 5101 d'-J3-377tj , I ~I . . I' '" ***** A+\-v1, \)c-rnl' Ce. AlI4AmericaCity 'tllE CITY OF DELRAY BEACH J. <j~'{l BOARD MEMBER APPLICATION ~~cf6 1993 c/ .2 Oo-J RECE.\VEO Please ty e or ,nnt the followin mformanon: 1- I.~15t Name: D. ~ '! I Name !- JU' ~I~n5 ii_I. () CLu..ra 2. Home Address: Ci~~ I State ~l ~ f\ ~~I 17 ~ I q -rh Sr, /~U1 !-=( C\ . 3. Le:gal Residence: City , State Zip Code S~ 4. Pnnclp<I1 Business Addn'ss: MIIQCj YO C~, City State Zip Code :3 Yo S Lt) ~. tvt RveY\ uc., 1):[ &LL-h -Fe.- 53"Lf y.1..{ 5. Horne Phone: Business Phone. r>Mail Address: Cell Phone: Fax: ~J27(, l!q~y %1 2-r1ZQ 7{) . ~ S10I fqqq q~Sb {Cl.-LLvud, k (to a.,:.{. 6. llif:. you .1 registered 'lorer? Tf 50, 'Where are you registered? 7. \,,('hat Bo ml('i) .!.r<oO you illtLI:L'Stcu ill serviIlg~ Please list in order of preference: c: &.l tu-ruJ Uctv l ~ 6~ 8. L!sr all CllY Boards on which you a1:e cunendv sel'V11lg or h',lV~ pn:viIJusly sLrvt:d (please mdude da[es) - 5h~.s -farb'IL Sou.-l lnL. 2Do {-2CO?- , 9. EducatJ.onal quahficarions: fY'tu-'L h.CL D1/li/\/'-\ \/\/'- , 10 List any rt'lated profession:;ll c"r.ti ~e.: CL~~ 11. Give yr...ur present., or most recent employer, .;Illd P')Slllon: ~ C-LlttL~ I::'. Describe experien.:es, skills or knowledge which qualify you (0 serve on this boacd: (please attadl a brief resume) ~ 0J:t~ I hereby certify dut all the above statemen[s ar:e true, and I af:."1:ee and understand that any missra[emenr of material fact~ , -d in tl-lis applicatit.\n Illay cause forfemlre upon my p<u:t of ;illy appollltlllCnr I may reCell!e. ; conto nJu-~ 2-;; 6~ SlGN.'\TtTRE Note" This applic.lt10n will remain on file in. the City Clerk's Office for 4 period .)f 2 years f1:om the date it was submmed. Ie WIll be dIe apphc:mt's responsibility to ensure that a cum~nt application is OIl file. ~\("II YCLERJ<:I!?OARD\rJ>Pt.lCATlOl" lIi,'2S:05 13: 04 FA.'\: 14I 003 - ~ City of Del ray Beach Board Member Application Cultural City Advisory Board July 2~ 2005 Laura Di Bello 231 NE 14th Street Dekay Beach, Florida H: 561 276 4964 Cell (best number to be reached) 561 699 9650 At present I am away on vacation and can supply you with a more complete resume if necessary when I return to Delmy on Aug. ;fd. Currently I am the Director of Public Relations for the Milagro Center ofDelray Beach. The Mila.gro Center is a non-profit visual and performing arts after school program for at risk children. We currently 'serve thirty-eight children within the center and over two hundred children in affiliated out reach programs such as Parks and Recreation and The Epoch program The focus of my position is to create and develop cultural arts programs within the Dekay Beach community to benefit the center by raising awareness for the Center while enriching the adtural ans community ofDelray Beach. In March of 2005 I was responsible for creating the Milagro Center Community Concen Series. The first series consisting of four classical music concerts was a tremendous success and received mention in two nationally distributed magazines as well as four local newspapers including a front page article in the Delray Times which I will forward to you upon my retum The conceits were held at the Cacace Fine An Gallery and Studio at 135 East Atlantic Avenue in Dekay Beach and will continue there this season with seven concerts. Each of the foUl' concerts averaged seventy attendants and ranged in musical styles from classical to Baroque. I am also in the process of developing a Gallery Circle to benefit the Milagro Center. The Gallery Circle will consist ofDelray Beach Galleries who are supporting the Milagro Center either through showing the children's visual8I1, hosting benefits or donating a portion of their proceeds to the center. I have been a vocal instructor as well at the Milagro Center for the past three semesters and will continue there in the falt I have developed a cluldren's vocal workshop integrating journal writing and vocal training where in which the children write their own music. An out line of this program can be provided upon request. In addition to my positions currently held at the Milagro Center I am a professional classical vocalist. I currently perform. with The Master Chond of South Florida (formerly the Florida Philharmonic) I also perform solo classical oratorio works and varied solo performances as well as teaching private stUdents and vocal workshops. I received my vocal training from private instruction as well as through The Boston University Tanglewood Institute in Lenox Mass. Oi ~8 05 1.3' 0-1 FAX I4I 004 Prior to my work with the Milagro Center I was Vice President of a Florida based children's non profit organization called Shoe's Fortbe Soul. I made the decision to leave the position due to personal financial needs that could not be met through the work at that time. I also sa! on the company's Board of Directors. (2001-2002) My additional bac1cground positions in the arts include working as an administrative assistant and then Administrative Supervisor ofElle MagPine in NY. (1989-1991)1 was on staffwith the magazine for two years and then left to further my classical vocal training_ While studying voice I worked as an administrative assistant at the Metropolitan Opera Gallery at Lincoln Center in NY. "As a prospective member of the Delmy Beach Cultural Advisory Board it is my wish to utilize my experience and background in Arts Administration to enrich the Dekay Beach Cultural Arts Community. The Milagro Cemer Community Concert Series is only one example of ways is which the visual and performing arts can be utilized as a means by which to draw together our multicultural community. The arts represent the only true universal language and their power to overcome social and cultural barriers while creating forums for artistic expression remain for the most part untapped. It is not difficult to imagine Delray Beach being known as <The~ Cultural Arts Center of South Florida. I would like to be a part of making that happen. Please feel free to contact me after the first for further information.. If a place on the Board is not available at this time I would still be more than happy to lend suggestions of ans progrmnming that could be integrated into our community. Formal resume and references may be supplied upon request. OElRAY BEACH f;~\~Ce-- flO...... b.8:d sjll/a 7 Alln....uil CITY OF DELRAY BEACH '1111 BOARD MEMBER APPLICATION ""'E r'. ,r :~ ", j ;-- .-.~. .. ~ - ~ "',..T" c: j :/ ~.:: t - 1993 MAY 1 1 lO05 2001 Please or rint the folIo information: .' . 1. Last Name: ':))o~ Name V ~ I ~ c....e.1J , 2. Home Address: e .fL A ~6~ fJ c^ d-. State 'v-/-s Nt. - V61\J Lte, FL 3. Legal Residence: City State - ~AM.L- 4. Principal Business Address: City State Zip Code - ~A,,^CL - 5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax: .{b' -2.."14 -'f1'~ l.3 ^ T E4< ~ \ (:. i!E. fl'tI-"rN Q.. A. t" "0, c....M 6. Me you a registered voter? "Y e.-S If so. where are you registeredr:v~A. Y3~c..h 7. What Board(s) are you interested in serving? Please list in order of preference: &-Jo I.'c... A-~ Ad,;,s;;) Ie ~. list all City Board~ on which you ~e .cuaendy or have previously served: (please include dates) . . --i.,... , \ ' 9. EdI~~~uaIifications: ~ j'3'::j) .'. 0' C&;- .... ',~. A-i':"( -: ~ "\.1 ~~ ~... ~_' A>'. ' ;'k.CUL-- . '< '~v ~~rt:i of' ~;N~i- LV4I.J,'A: "'~A ")) New Ya-Jc- U,.i.v - ~Jk.J' L ScLGi> L . ~u- - k..t IN~ 10. list any related professional certifications and licenses which you hold: 11. Givef!l.U1: present. or most recent emJ.loyer. position: Aft.. "H.. - l..)AIut.S.~ <t.... Aa..r~ h;~~ d,,;'Ulttt\..... - ~oLe~~ ka. o AA \ :;1001 C-Cood ~^..s "'-~ c:r wtIUL 12 Desa:ibe experiences. skills or knowledge which qualify you to serve on this board: (please attach a brief resume) ~~ Ai:t:A ~4l.L I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts ~.. tIUs 'PPlico"S' """" furleiture ~ my P'" of ooy appointmeot I ...y receiv~ u....-L P. :,L-' n1 g I kilt' SIGNATURE DATE Note: This application will remain on file in the City Oak's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. SICfIY~TJON ,. BOARD MEl\'JBER APPLICA nON Vincent P. Dole Item 12: I have served as a member of the Auxiliary Board of the Art Institute of Chicago, and was active in planning a large exhibition of sculpture in the public parks of Chicago. I am now a member of the Board of Trustees ofthe Foundation for the National Archives in Washington. Our group has planned and funded a new public exhibition space which has opened in 2005, and is expected to receive 500,000 visitors this year. I am also an active supporter of the National Foundation for Advancement in the Arts, which organizes exhibitions and scholarship competitions for young artists across the United States. I ~ DB.RAY BEACH R~("dIt~;e- . .. a _ . . .. 7/ gjlT! ***** AUmericaCity CITY OF DELRAY BEACH 'llll! BOARD MEMBER APPLICATION 1993 2001 information: Name -".- ML J(j €- Home Address: City lJe/rfJ be/<JcA 0 Legal Residence: S/ftn'J ~ City Principal Business Address: ~a State Zip Code ~I ;J ~/tif-kN /M. /J~ Pl :13f'l-1 . Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax: "/-;1.'7.;2,7133 ~/'J 3- 7'1t.:L dtl?edorfJdlcl ~ck S-&,/-'1ol" 11blf 56/-t-!3-1()/1 .()~ . he you a registered voter? ~:5. If so, where are you registered6t 15 k/ 'Ie~ . What Board(s) are you interested in serving? Please list in order o~ preference: 7ub(/~ ~U- A&VI5 DO (}Jl~ List all City Boards on which you are currendy serving or have previously served: (please include dates) 11A.A'" A ~ d- 150 aA..c.Q ~~( IU- '-b ~-I- M..'A - Tkd tR- O. List any related professional certifications and licenses which you hold: 1. Give your present, or ~ost r~t employer, and Sositio~ c.nJwtM if ~ cc.vJ., ~~ltH,v~ 0'& . ~ . ~ 2 Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach a brief resume) 'S ~IG ~<!- '"7 . t~ ~Ol- ~ ~ VJ,tJ'/JJ>IU' J1d-\Sb hereby certify at all the above statements are true, and I agree and understand that any misstatement of materuu facts ontamed . - ap' . n may cause forfeiture upon my part of any appointmen I may receive. ~ E ,'. ' ~1f};~ IGNA DATE JUl n R 260 'late: pplication will remain .on file in the City Clerk's Office for a period .of 2 years frQm th~1f'\l ~ submitted It will be the applicant's responsibility to ensure that a current application is .on e. S\CI'fYO.I!RK\BARDIAPPUCAnON Joe Gillie is the Executive Director of Old School Square, a national historic site and cultural center and the heart of Delray Beach's renaissance. He has a long history with the arts in Palm Beach County and worked for the Caldwell Theatre Company in Boca Raton for 16 years in various capacities including P.R. Director and member of the highly successful Caldwell Cabaret. Joe taught drama and public forum at Lynn University for six years. He has a B.A. degree from Averett College in Danville, Virginia and an M.A. degree from Portland State University, Portland, Oregon. Joe traveled professionally as an actor for three years with the first national touring company of a Broadway show and has worked in regional repertory companies throughout the southeast. Locally Joe is former member of the Board of the Delray Merchants and Business Association and current member of the Parking Management Board in Delray Beach and is Past Chairman of the Cultural Executives Committee for the Palm Beach County Cultural Council. He currently serves as chair of the Palm Beach County Historic Centennial Committee. In 1993 and 2001, Joe staged the City of Delray's successful bid for the All-America City Award, making Delray Beach the only two-time winner in the State of Florida. In 1994 he received a scholarship from the Getty Foundation to speak and received an award at the Smithsonian in Washington D.C. where Old School Square was named one of the top three projects in the United States for using the arts to affect a positive change on the community by the International City/County Management Association. Joe has served on State and local grants panels and in February of 2000 conducted an adaptive school re-use program for the State's Division of Historic Resources. Most recently, Joe accepted the George Washington Medal of Honor from the Freedom's Foundation at Valley Forge, recognizing Old School Square's outstanding growth and commitment to American values. Previous winners include Bob Hope, Shirley Temple, Black and NBC. DRRAY BEACH qttlLVr "ved:J1 €~6/Cr if t. 0 << . . ... ***** 7-;21---11-1 AD-AmericaCity CITY OF DELRAY BEACH , III J! BOARD MEMBER APPLICATION )\'d31() ^l\~ 1993 SOOz L llnf 2001 Please riot the followin information: 3\:! l. Last Name: Name .tJ (,L.AVS/7)N G' VI. I L'-}'v IV Z. Home Address: City State Zip Code =:,;)...~ r 14-t... ~ ,Kt:'.-f L- 1) G"L Je;a" J:9 t;;}a,- 6- J+ ;::::-L '3 ? '-I Y.3 ~. Legal Residence: City State Zip Code I- ~. Principal Business Address: City State Zip Code .. 5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax: ~ / n.d- .s-iPf ~/-;) '-}- f1\.-jO ~ ~ k d @/M.l p'<.K. .;t"1 -:2S"C?o 7'-1-0133 6. Me you a r.e~~ered voter? If so, where are you ~tered? V).e4- 7. What Board(s) are you interested in serving? Please list in order of reference: ~\.J l-J L ~'l A; V(., 0 II! r3 0 ~~.D 8. list all City Boards on which you are currendy serving or have previously served: (please include dates) 9. EducatiorW qualifications: t311'\ . . n~~- .J.ltJ Ml'fV ~ ~Soo,.e.t..V p-i. "'r 1u,t4- & G 1M-- 57V { t, W '" ti:IC\IF. 10. list any related professional certifications and licenses which you hold: 11. Give yow: present, or most recent eniployer, and position: ~f.-rI\(t::O' lei F C:~, 1Jld~c.--rOA! -6/A.HJl. Ftuio,"" P f"'1J)41-C1 12 Describe experiences, skills or knowledge which qualify you to seNe on this board: (please attach a brief resume) 11 er2 t.?S"1 f'f. EI-<. YJ F Ie or;. ~T JU1 'Pv ,-, <::..- P '- 14-L.C5 hI J44< I FL - "~r.-S IvT ~-t o/LJ "T U.:> 0 V EV4 r ~ /V (;a-5 )~ l..#~SH. >It' e Jot E J C Ill- DL ~()V,f)GC> E v' e ~IE" "P I hereby certify that all the above statements are true, and I agree and understand that any misstatement of materuu facts contained in this application may cause forfeiture upon my part of any appointment I may receive. ~~')1~~ , J~7- ..27, 6 S"" SIGNA11JRE D < Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. S'CITYa.I!IUruIOAlWlAPPUCATION DB...RAY B"EACH $?:I ,d~ /!#/d:S'~ ........'" ***** All-AmericaCity CITY OF DELRAY BEACH ;f}Jj g;;; dZb7. " II I! BOARD MEMBER APPLICATION Hj-'1"'"'\r'l ! 118 ) ::1 h' i\, 1993 ~OOZ 1 U A\1W 2001 Please tint the fono - informatiolL ~ L List Name: H vR.~uRT Name ~O~~ z.. Home Address; M bR Ci~~l,t2A 'I BcAt . State l~;() V'5TA t>U I\-oe.. . ~L. 3. Legal Residence: City State M " 'I 4. Pcincipal Business Address: R.M lOt. City ~OC It- 12.1\- \,oJ() State Zip Code ~ ,71 ~.;.S Ro""~ C:=L. s. Home Phone: Business Phone: E-Mail Address: Cen Phone: Fax: ;2.,e...OuPS- ~5"I-q9'{) RJ.'lJRL.~~T~ AcL . UI -'2g"o Co-rH 6. Are you a registered voter? Y~.5 If so. where are you registered? .P €l-eA->f " . ec;iG., A) c;r ,. 7. What Board(s) are you interested in serving? Please list in order of preference: Pu'oL\c. A~'- 8. List all City Boards on which you are currendy serving or have previously served: (please include dates) - I er~. . 10. List any related professional certifications and licenses which you hold: 11. Give your present, or most recent employer, and position: ~ U uc" ~&>I\J. ~ro-- . JrteT'" t-\\.~,..c)'l. :;l{P t:-A-IZS . -r:o~enc....., (Lii1q- '-oO~ FlJu~ ~ e..D,,.., Cd L.~)V"\T 4 ~ ......c.. . "Fo.e-r ~'MIL S 1fJ - S~ "I;a;.G 12. Describe experiences> skills or knowledge which qualify you to sCEVe O? this board: (please attach a brief resume) . 'F11f)f:.. ~4.AI"'L\,.- Cft.-IIT'c, c,o ~M~7 . . . -Aer ~rt . ~~ . *'" ':C Ihvt.. ~Il: fPe~ ~2."" , E..~r,lEL Did t:alee:n;"'s flUt~et.fm. 0\- ""\,1,, \>L.A.Gf: S I hereby certify that all th a~ove statrot.en are true, 2tId I agree and understand that any misstatement of material facts contained in. this a plica on may cause rfeitute upon my part of any appointment I may receive. , r . /Jtj 8"! OT DATE ----- Note: This application willrema.in on file in the City Clerk's Office for a period of2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. SICI1YQ.I!RK\IlOARDIAPl'UCATION €ilU~ U9/~/V~ r~l ~~:~O rAA ~O~Z4~~11~ ',.111 IvLl:.1Ul. 'fHvu,,:; .- _____J__ _ -BfMJi * 0~h ;Ce.- CffJh.b c1,1-1 I~ ~- )~ . 1m! CITY O.F .DELRAY BEACH RECEIVED .BOARD MEMBER APPLICATION JUN 2 4 Z005 1993 CITY'CLERK . . 2001 2- Ho~dress: \j I s'rL ~ _ 0 ~e/ a Pitl,fl(lY__,_~, ~- 'RCUdence: .' Sta~ L SLd1l1 ~ a s \!~ I>L P~Nr!; City S"te Zip Cocic HOOIie Pl\<>ae: "Business Phone: B-M2il Adch:ess~ Cdll'hooc: F:ar 17_ WhatBoud(s) ucyoaintl:l.es I a. lise.. Gty ~ 0tI -whim YOu,r.oe o.ax..mly t~or Juw.t p~y aecved: ~ indodc dares) . 3 . Ed l.A.L :. . ~ ZeD Sl. &:ioalDoo.l~l1I~ - .-...---- I . This app1b6oa. 9iIl.Ld:J:Ain QD filcin 1bcCityCkdc'"a Office fuu. paiod of2 years. from the.da.rettwu ~ l~~n.!x= !heappIiam.t"s ~tQ Cnsw:c'dJa~1~( ~n.is on flic... . ~_"'80"'~.:'..!~ Cl3H1IW9tII >l ;::L;::;::L~'3T'3S1 L~:t-T S(lg;::/t-;::/'3(t 10 3SI'v'd 05.-10'-"5 TUE 07:~9 FAX 561 2~' 377~ ClIT CLERK III 901 P'P':'': ~ VE~iC~ a4::r~I'~ ... ',ur CITY OF DELRA Y BEACH aR/-iU- BOARD MEMBER APPLICATION RECE:\'lED 199..1 MA'1 1 6 2005 2001 Please ~ or print the fo" . infonns.tion: _.., ,...., {:~ \( 1. Lut Naac: Koskoff ! Natoe Sharon \.I lL~ - 2. Home..~ 325 SW 29th Avenue City St:.t.~ ~Code Delray Beach, FL 3 445 ,- Legal Rl:sidmce: Gty Sbtc Zip COOe same 4. PDncipal Business _O\~: Gq St3tc ~Code same S. Home Phooe; I BuUncss Phone: E-Mail Add.t~n: Cd! PbDue: Fax: 561 276- 9925- : 561 276-9925 sharonk@adelph~a net 699-7899 276-9925. i 6. Are YOG S J:egistttcd V'OteU yes If so. where u:e you <<:egUlcr:ed? Palm Beach Cty 7_ Wb2t Boatd(.) att you in~tcd in sa:ving? p~ Jist io. ordez of Ffeancc: 1 -I /_~ Public Art Advisory Board of Delray Beach , I 8.. List.u Ocr Bauds on 'Which you ace cuucnd.y serving or bue pceviouslj' saved: (please include d~teS) I I I ! Delray Beach Arts Implementation Committee 8/2004 9. ~b~~~ Fine Arts Degreee Brooklyn College, BA - New YOrK School. or l.nterlor ueslgn 10. list: any rdaQ:d plofcssioD2l ccttificarions md licenses which you hold: . See Bio. It. Gin your prcsen~ or most mcea.t employet, md poUtio~ old School Square / Self Employed. See Bio. 12. Dt$aibc apnicoca. $kiIls (tt ~wbidt qualifryou to JUV"e OIl dUs baud; (please ~ i. brief~) See Bio. I ba-cby a:r:tify tbM alllhe .bo\re ctal-eme:tts ue tAle, tmd I agree and undeaund that 24'1 mis$tJtcmcnt of mataial f~ SI:::;/Di],TapoamyP"'of>AY~_;;;;/tl -S I SlGNA"'IURE I DA'ffi i Note:. This appliatiOIl will teI1Wn on fik iI! the City CIerlts Office foe a petiod of 2 yeus ttO!l1 the da~ it 'WlU ~ It wiD. be the 2pplicant's 1:'aponsmaity to ensure- thAt a cutta1t atJplioti.on is on file. li"an~~-n0t' ,. SHARON KOSKOFF 325 SW 29TH Avenue Delray Beach, Florida 33445 Phone & Fax (561) 276-9925 sharonk@adelphia.net htlp:/Iwww. bvsharon. com To Whom It May Concern: I hereby submit my application to the Public Art Advisory Board of Delray Beach. I was an appointed member of the Public Arts Implementation Committee, term ending August 2004. I attended all other meetings of the Public Art Task Force Committee for two years prior. The purpose of these committies was to research, identify and make recommendations as to the best methods to incorporate art into future development projects. Delray Beach has been my home for 19 years. I have been active in creating public art from 'designing the Original Art & Jazz poster, to eight Community Mural Projects, to the First Night Giant Puppets and Miniature Golf, to the Delray Beach Millennium Flower Festival, to the highly successful Cultural Loop Open Door Project and the most recent Community Chair Project. I am known for my work with multicultural and multigenerational populations in diverse neighborhoods. (See Attached Bio.) I have served as a sculpture judge for the Delray Affair for the many years and I am currently teaching art classes to youth at Old School Square. I am the founding president of the historic preservation organization. the Art Deco Society of the Palm Beaches and lead walking tours entitled Deco in Delray. I am proud to live in Delray Beach and be a leader in the Public Arts Community! Please consider my application for the Public Art Advisory Board of Delray Beach. Respectfully, ~. /eP1tI c5jo/~ Sharon Koskoff " 1 81uJ.'t.On. 9(g~lcoff ~ ~ haron Koskoff is a full lime professional artisl known for her Decomelric murals, conceptual installations, giant puppets, environmental designs, children's programming and love of architecture. As fine arts major of sculpture and photography, she received a cum laude Bachelor of Arts degree from Brooklyn College, and a second degree in Color Theory from the New York School of Interior Design. Koskoff taught at the Armory Art Center for fifteen years and is currently teaching at Old School Square. She is also a well known lecturer on the architectural stylings of Twentieth Century design. Koskoff is the founding president of the historic preservation organization Art Deco Society of the Palm Beaches, and a past vice president of the Artists' Guild of the Norton Museum. She serves as a Palm Beach Post Pathfinder Award judge for high school art students. Koskoff enjoys working on both public and private commissions while designing needlepoint for her own company, New York Needlecraft! Currently on view is the Community Chair Project, 12 Adirondack Chairs painted by 30 Volunteers on display in the Cultural Loop of Delray Beach, sporting Delray Beach icons. Koskoff just completed eight murals at UB Kinsey/Palmview School of the Arts, 'seven murals at Roosevelt Elementary School and three murals at Discovery Key Elementary School.. Her seventy panel "Timeline Collage" entitled 350 Years of Jewish History in America will be on display at the JCC in Boynton through 2005. Sharon has recently completed three large murals at Greenacres Elementary School, a Chinese New Year mural for the Palm Beach Zoo at Dreher Park and a seven-hole miniature golf course installation for First Night 2004 Delray Beach Celebration. Her "Gator Calculator" was positioned in front of the Clematis Street Fountain. Koskoffs Delray Beach Cultural Loop Open Door Project 2003-4 installation, displaying 111 Doors painted by community artists was a huge success. WXEL-TV featured the Doors on South Florida Today. Sharon Koskoff is the only artist on record to receive eight consecutive grants from the Palm Beach County Cultural Council for the Neighborhood in Artist Residency Program (NARP). This award funded group art projects in multicultural areas. The results of these efforts have been the public murals in Delray Beach known as the Community Mural Projects. Koskoff has also painted over 125 murals in twenty five Palm Beach County Public Schools. In 2002 and 7003, Koskoff worked with ten community school/organizations, each creating a fourteen-foot tall giant puppet to march in the annual Delray People's Procession Parade. I In 2000, Koskoff appeared on the nationally televised Home & Garden HGTV network program Modem Masters. A Coney Island themed mural environment she designed in a nine- seat "home theatre" in Admiral's Cove, Jupiter premiered on the Sunday evening show. ~ Sharon Koskoff loves to create living floral installations. She is well known for designing a seventy-five foot flower "float" using 15,000 live impatiens for the Delray Beach Flower Festival in the years 2000 and 2003. Her live "Flower Bed" installation at the Showtel 2004 exhibition held at Hotel Biba was rewarded with a TV interview on WCTN, Channel 15. Koskoff has taught art classes and workshops in many educational facilities as the Norton Museum of Art, Boca Museum of Art, Palm Beach Institute of Contemporary Art, Palm Beach Community College, Vero Museum of Art, Edna Hibel Museum, Art Institute of Fort Lauderdale, Lynn University, and public libraries etc. The City Commission has appointed Koskoff to the Delray Beach Public Arts Committee. Sharon and her family moved from Brooklyn, NY to Delray Beach, FL in 1985. d'u1J1k e.ommJ.UlolU American Heart Association - Signature Artist, Wellington ARC - 4 Murals - WPB Armory Art Center - 1997- 2001 "Artists Ball Designer" - WPB Armory Art Center - Gators Galore - "Gator Calculator" - Clematis Street Fountain, WPB Art & Jazz on the Avenue - Official Poster - Delray Beach Artigras - 2 Community Murals - Jupiter Atlantic Community High School - 3 Murals - Delray Beach Belvedere Elementary School- 8 Murals - WPB Boca Raton Elementary School - 2 Murals - Boca Raton Boca Raton Historical Society - Ceramic Tile Mural, Count de Hoemle Train Depot, Boca Raton C.W. Gerstenberg Hospice - Children's Bereavement Mural- WPB 'Carver Middle School- 2 Murals - Delray Beach Cezanne Jazz Club at Sheraton Hotel - Mural - WPB City of Aventura - 3 Murals - Founders Day Festival - Aventura Clematis Street Bench Project - Metropolitan Sponsor Coffee Gallery Cafe - 3 Murals Lake Worth I 4 Murals - Stuart Connor Moran Children's Cancer Foundation - Murals - WPB Del Prado Elementary School - Cafeteria Murals - Boca Raton Delray Beach Cultural Loop - Open Door Project - 111 Doors Installation Delray Beach Cultural Loop - Community Chair Project -12 Adirondack Chairs Installation Delray Beach Flower Festival- Millennium Project - 2000 -15,000 Flowers Delray Beach Flower Festival- Toussaint L'Overture H. S. 2003 - 15,000 Flowers Delray Beach Multicultural Festival- Mural- 2002 - Delray Beach Delray Full Service Center (Old Carver Middle) - Murals - Delray Beach Discovery Key Elementary School - 3 Murals - Lake Worth Eagles Landing Middle School - 7 Murals - Boca Raton Environmental Resources Management Of Palm Beach County - Murals - WPB First Night 2002 and 2003 - 10 Puppets on Wheets - Delray Beach First Night 2004 - Seven Hole Miniature Golf Murals - Delray Beach Galilee Retirement Village - 7 Murals - North Palm Beach Good Samaritan Hospital Kids ER Lobby - WPB Greenacres Elementary School - 3 Murals - Greenacres Gringle, Dougherty & Wheat - Have a Seatt - Adirondack Chair- Delray Beach Hotel Biba Showtel 2004 - Flower Bed Installation - WPB HRS Lobby & HRS Pediatric AIDS - Riviera Beach Indian Ridge School - 2 Murals, WPB ~ JCC - Theatre Production Mural and 6 Sculptures - WPB JCC - Wild Things: A Child's Right to Read - 5 Room Installation - WPB JCC - Hanukkah-fest - 10 Pastel Murals - WPB JCC - 350 Years of Jewish History in America - 70 Collage Panels, WPB and Boynton Bch Jefferson Davis Middle School- Murals - WPB Loggers Run Middle School - 4 Murals - Boca Raton Love's Drug Building - 1 st Community Mural Project - Delray Beach March of Dimes - 8 Murals Panels - WPB Marids Market - Exterior Murals - Delray Beach Morikami Park Elementary School - MuralS - Delray Beach Native Sun - Have a Seat! - Adirondack Chair- Delray Beach Nine Muses - Art Therapy Mural - Fort Lauderdale Norton Museum of Art - 2 Murals on Canvas, 2 Wood Cutouts - WPB Northmore Elementary School - 2 Murals and 1 Collage Mural - WPB Odyssey Middle School - 10 Murals - Boynton Beach Office Depot Corporate Headquarters - 3 Murals, Olympics Sponsor - Delray Beach Palm Beach County Millenium Council - 3-D Mural Collage - Time Capsule - Travel Exhibit Palm Beach Gardens Hospital - 10 Murals - Palm Beach Gardens Palm Beach ICA - Street Painting Artist 2003 - "The Smiths" - Lake Worth Palm Beach International Airport - 2 Murals - B & C Terminals - WPB Palm Beach Public School - 2 Murals - Palm Beach Palm Beach Zoo at Dreher Park - 50 Mural Panels on Wood, Construction Expansion Fence Palm Beach Zoo at Dreher Park - Boo at the Zoo, 7 Murals on Wood Palm Beach Zoo at Dreher Park - Year of the Horse, Monkey and Rooster - 7 murals on Wood Palm Beach Zoo at Dreher Park - Live Animal Stage Scenery Palm Beach Zoo at Dreher Park - Christmas in July, 7 Murals on Wood and Decorations Palm Springs Elementary School - 2 Murals - Palm Springs Palmetto Elementary School - Murals - WPB Parkers Kitchen Building - 2 Murals - Oelray Beach Pine Grove School of the Arts - 15 Murals & 5 Metal Sculptures - Delray Beach Port Salerno Elementary School - 2 Murals - Martin County, FL Post Card Murals Sent to the US Troops In Saudi Arabia Quest Theatre - Theatre Design and Murals - WPB Ranger Construction Corporate Office - 3-D Mural Collage - WPB Robert Montgomery's Home Safe Project - 3 Murals - Lake Worth Royce Hotel - Murals - Fort Lauderdale SO Spady Elementary School - 11 Murals - Delray Beach Solid Waste Authority PB County - "Do the Right Thing" Campaign South Florida Science Museum -2 Murals - WPB Sf. Mary's Hospital - Murals - WPB Sugar Sand Science Playground - 4 Murals - Boca Raton Sunfest Banner Project - 3 Years - WPB Sunrise Park Elementary School -3 Murals - Boca Raton U. B Kinsey/Palmview School of the Arts - WPB, 12 Murals United Way Day Care - 5 Murals - Pembroke Pines Very Special Arts I VSA - 4 Murals - Delray Beach Migrant Workers Washington Elementary School - Murals and Gardens - Riviera Beach West Palm Beach Centennial - Murals - West Palm Beach Whispering Pines Elementary School - 12 Wood Cut outs - Boca Raton ~ -- DELRAY BEACH 1~:JO-01 ...0..04 ***** fJukJ!)r All-AmericaCity CITY OF DELRAY BEACH " II J! BOARD MEMBER APPLICA1UOPF'VED JUl 1 0 2005 1993 2001 crr'l CLER\<. Please rint the followin information: 1. Last Name: A~~ Name p \ M.L rSo- Q.... R. 2. H~e Address: \{a.~ \ City e,eac:.-h SftL Zip C~e I 4 \.. ~$~c..r oe..\ ro. ~~ g3 3. Legal Re~nce: City State Zip Code 0- t""Y\ e.... 4. Principal Business Address: City State Zip Code 5oJ~e.- s. Ho~e Phone: Business Phone: E-Mail Address: Cell Phone: Fax: l..G (g' -a\C So.. h'\ e...- - - 6. Are you a registered voter? Y.e.S If so, where are you register~d? \ '0 h C a n, t:-a<:... 0 Lt ~ 7. What Board(s) are you interested in serving? Please list in order of preference: 9lA '0 . A,}- ~'4:S6( Ga~r-d 8. List all City Boards on which you are currently serving or have previously served: (please include dates) Non e...- 9. Educational qualifications: U t1 ~ '" e.r," ; J.. M - Te..rn \ a.- 0 (; (J re,ss - We.s~ \J~r 10. List any related professio~l certifications licenses which you hold: e. e-- e... s 1.4 ("y") kt>r' 12. Describe expe ~M)~-- J \,..&. \ j \~ I 0100S SIG ~TURE DATE Note: This application will remain on file in the City Clerk's Office for a period of 2 years from dIe date it was submitteg. It will be d1e applicant's resp~sibility to ~sur~at a current application is on file. ~ *- a..,..- \. \ ~ _ \ 0 n~ Cl> Y'Y' ~ 6 ~ e.... n 6 S e.<" 6 OJ. rn 'ITYe~YA"QIl'\TfN}-, 0.- t"\ c\. ~ re..o- .\- e. () k' h V1S \ ~ t\'"\ ..f 0 ("'" xh ;.s e ('\ e do '" Ci ~ 11: :11 :d '0/ _Ii !.I ,Ii il, I"~ Iii P' III "\ '" ~C'> K _ 'j 0 l.A ~6r- acc..e..-rh""5 Iii """"'j 0 ~f \ I co--k-l ~ '" ..(0 ..... _ n1 Th e., 9v\' \ t '- A\\- A~'-i ISO ,V, B c a..r- J, I,! ...J Ii j' .1 . h :r=. 'b e-A, u e-- ~ ~.\-- .::t:- LJ 0 l.,... \. cl.- h ~ III '\ ill 0../ 5 rf.-~.\- 0. S-S- e..-~ 5 \" e.-" f"Ylj o~ 5 III ~ ,'" 0 \ -.J e.- ,...,., e. n .\- vJ ; Yh kh "'" 0. r k '?s c..o ry>tYl U.^ ;~ III .l \:on f"lJ ) IS" ::l eD'-C-:.s: _ o~ ~pe-r; ena 'I 0 () T\1 e.-- 1'1 ~~ 0 r-.s. Co ("'y)rJ\" S co f") -for -\- h e..- i Ar-.\-~ _C Gr<-...,...woo..!.. \t; HO-'j e{ (6) ~ M_\....J...,-"j I 0- .l." I ~ I n j A- \-. e... c; ~ o.,.\-- \-. e..-- f\... no: h <<s: e..- 0 J;- 9u. \., \, l-- A-r~. .:c o-m 0-- t?6l.4 n d. ~ Mj ~ ~ rn b e,- o.c: I -rh Q....--- Cv.. r}~.> A-r ~s o.t'l ~ \tv-man l ~ es Ce,tl k r- I, (&.--e.....,... w" b 4- ,,; \ l <1-5 e.. I co") oe. \I <> \-e. ~ -\-0 I I k'\le...- ~ (e.s e<" " ~.\-- i. 0 n 0.('\ ~ e..~ 'n 0- rv.- e....rn e..At- 6 ~ 'n ~~ .\--o("""~c.- o.~v'n ~ .\-:"e..v~rc..- o.n d C-r'e-<1.\ ~ n ~ ~t') .e.n\J\ r'O nW\.e..("')~ ""-,,he.-re...- a.("k 't.:S fce-,se..n.\-e..d from I ~\", e..rs.e.. \ 0 (..0-\ 6 r'j""';....... ~<!. n S c>-nd i ".};" ; .L...~ \ a. ('~\5X-S . I. vas 0- '0 oo..~.l.. \"'("\e.~ b~r- 0 k- T he.. Co\or~ I eo", sot'"" .\- ~ \J. tn 0 ( c... 0"" f"\'\.\.A. t'" : ~ k('" ir ~ C 0 L4 n c:.-~ ~ I ~.e..-.fc,... e..- I ~t:>"~~, .\-'0 Oe..-\r~ @e.eu....h 4 ~e.A--'-S a.30~ tl:C \nb~e.. >ro e.'JJe~nd l'Y\~ C()~fY)<...t(\.,-~ ser,,;c....e- , '0 e- '::) ~ ('\ b- rn i \ e.. v-.h..t..r -L- S ,'4> ,-- -r 'n e..-- De- t r a... '? '0t2.-G1(.....- '" \-\ ~ r a. r '; 0- f' ~ ., /") ~ 0 ~ e... o.r e... <::C./ C> ~ Pv'o \ ~ L.- t>r- (' >r . \hC1()~OlA ~r ~ov..r c..o~S,~~'A'11 1'"""\_ {L DA ./ ~ tl..._ Isabel R.Make \5 ~ Y cC s .\-- vo..r ~ ""'\'('a..~ \ \ (?>e. a c.. ~ L 3- 3 '-\ 9 ;. Oe. '-0..) I "- (.5~\) ~~ ~ - -;.)\O~ COMMUNITY SERVICE C9 Chaired Child Care Task Force, University Hospital at The Boston University Medical Center. Developed child care options for 1200 employees including in-house Resource and Referral program and employee counseling for community child care options. Created fundraising opportunities for staff and developed model in-house day care program. ~haired Legislative and Regulations Subcommittee West-Suburban Council for Children, Offi'ce for Children, Commonwealth of Massachusetts. Wrote state regulations for child care providers and awarded state contracts for day care for the disabled. ~FOunding Board member of The Denver Parenting Center. Developed inner city non- profit organization to provide support services, professional consultation ~d day care. (9) t6 'jeCl'-r5 (IQqo- ~o06) ~6Vt'l~e 6. L\.4....~\.s t:>r....!rs ~d (. ~ ') o.n 0. "'pro, I").\-e d- ~ u. '"" A. n ;~; e ~ C e,.., ke.,... c.. 0 \ 0 r- c:t... ,l) \ J.. . d .6. "ko t'~Q>'1 0 ~ 's At" \~ Counc,J I l ':'G- '- 6 OJ Ow '1\ \n~ e.~ >r-j 0 ~ P~r-c.- \na S Q./ 0 4- . -f>\A. b\ ,~ Ar-.3s. . (l) ~ - ~~-;;s-c. \0 ~o ~o-r')S4r~\.Arn. o~ tbooC'" d.. t..{e.rn ~e"- L '0, ,n\l t' l- 6 n ~o ~ ~ (.c " ~ 'f f.J.rrJ.. s. c.. '-4-(""":.. ~ \..s EDUCATION Doctorate In Progress :. West Virginia University A warded Certificate of Advanced Graduate Studies in Secondary Reading and Learning Disabili ties, mmor m Curriculum Planning and Development and Educational Psychology E4.. M., Temple University Remedial Reading and Child Psychology. Reading Specialist Certification. 8.A.. George Washington University English, School of Secondary Education. Teaching Certification K-12 and college HONORS Biography in Who's Who in American Education Who's Who in American Women Who's Who in the West MAXIMIZING HUMAN POTENTIAL · Inspired marginal inner city college students to incorporate life skills for success · Challenged teachers requmng recertification to refine classroom skills for mainstreaming disablelstudents · Developed alternative materials for students' post-college use on topics such as integrity, sexual discrimination, racism, ageism and character development I .' j " ! -::\ i 1 I ! I i , I I , " <:r~ Curtis Arts & Humanities center 2349 East orchard Road Greenwood villAge, co 80121-1570 Te1eyltone: (303) 797-1779 Fax': (303) 738-8775 -, ":-- - -. ..t: .1"'",,-, - :~l- IJ;- ~. ~ u. _ -- ~- -- a ~ ;. "e i: fI) C ;], " (b g 0 :'1 :::l ~Q::!' E:.."S!Q:?~ .::;(1)('>(;; (') p:l -<: \II' \... . ~;;..:-,-.. -- "'C ("J =:s c =' S ~ ~ -. ~ .'A ~ ~ ~ ,,...,, Po C Po ~ =. 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O"CI ~ "a:/l ~::..;:;:__~(.;., s:;~;;; ~5:2 "C:I "" _I V__ 05'lZ/OS THU Ui:{)l FA.!: 561 2~J 371t CITY CLERIC ~ m>'ca~ f4J 002 OEUtA\' BEACH ~t?h; 7t:d-- ' ... 4 ... . p .... ~ !if &-/ CYJ JUt-Ame:ricaCity "II J! CITY OF DELRAY BEACH REC~:!'JE D BOARD MEMBER APPLICATION MAY 1)!, 2005 1993 2001 CITY CLERK M.I tV) :teJ~ z- c City 4. Principal Bwiness Address: Ciry Zip Code .14-0 ui P Ur"\ S~~~k PbUvl ~~ 331~0 5_ Hom~ Phone: ~~hP~eqa:b Ut~~sn:\ Cdl Phone: Fax: :;vi 27t1 405 \ tDS.jC07 6. ALe you ~ reg1s(cced VOCCI:( ~S If so, wha:c 3.rC YO'J. r<;gist<:.rcd? ...:j:::e. J ~ ~+ 7. What Boucl(s) ue you i.a.r~e;:(ecl iu serving? Plcoue listia ord= of pref~enc~ rvt.clo\ le..- A 8_ use "Ill Ciry Boards on which you arc currendy serving or ha.ve previously s=~d: (plca.sc include dares) ~,.e- . cc. ('l? ;, 1= <- r~ . 9. 11.. Give yow: p.res Of., or most recenr a:i1ployer,. and posicion.: eZ- ~ or knowJ~dge whidl q~ you to serve OD. this boud: (pI<=lSC attll:h a brief resume) P~e~ C 5>=:- yV\n~ 12, Zod5 DATE ~ . . .--- Carolyn M. Pendelton-Parker undscepe Architect PBS&J Education Ms. Pendelton-Parker has 21 years experience in the practice of landscape MLA, Landscape Architecture, architecture and landscape construction, representative project experience includes; Harvard University Graduate School of Design For International Drive, Orlando, urban commercial corridor planning utilizing emblematic landscape merging pedestrian amenities with traffic calming strategies. BFA, Graphic Art, Florida Atlantic University For Citrus County, Florida along the Withlacoochee Trail and US41 an ecologic native plant landscape trail roadway buffer. Tree and Pine varieties were selected to CO. Graphic Art. engage the process of succession woods. Parsons School of Design For the City of 1:ampa, Ms. Pendelton-Parker was involved in master planning of Professional Affiliations 250 miles of urban and suburban greenways. Urban bike routes, hiking trails, canoe- kayak blueways and equestrian trails links communities, parks, schools, both bays, American Society of Landscape and the urban center. Planning included GIS mapping, public art, funding research. Architects fuwre transportation indexing and site analysis. Florida Certified Landscape For Palms West tri-community corridor plan, Palm Beach County. she designed the Contractor #59 iconography and place-making landscape architecture. Hardscape design included artful overpasses, gateway features, mast arm structures, mile markers, lighting, Native Plant Society of Florida boardwalks, sidewalks, sound walls, and gazebos. Linear parks and btueways were also developed at the master plan level. American Planning Association For the new town center development of Golden Oca1a in central Florida, she International Association for designed an ~IO$ical and bistorically scaled solution. The system of water featutes, Landscape Ecology community parks and trails link: the downtown to the residences. Additionally, equestrian and hiking trails linkages encourage community interaction. Community Participation: For the City of Deerfie1d and Broward County School Board she is part of a team City of De/ray Beach developing a neighborhood park and athletic OOJt1ptex. SpottS activities include basketball. softball, soccer, football. competitive swimming, playgrounds. tennis and Visioning 2020 educational components. Pineapple Grove Art Walk In the Village of Pineerest, Mianti she desigrted a severt-mile comprehensive street tree planting program utilizing sequenced flowering and broad canopy native species. Roadways were shaded for aesthetics and to lower the roadway Publications: microclimate. Public outreach, ecological analysis and CPTED elements were engaged. "New Community Petersham MA" As a member of a three-person team, Ms. Pendelton-Parker modeled a new regional 3-Dimensional Studies. Harvard Craduate School ofDeslgn. scale community in Petersham, Massachusetts for 300 livelwork residents and Published: Princeton Press commuters. Specialized horticultural laboratories. research center, community Studio Works Volume S. 1998 center. worship center. housing, constructed wetland sewage treatment, cemetery, community parks, trails and open space were developed with geospatial analysis (GIS) and three-dimensional modeling. Princeton Press published the planning results. Coneept planning for Hudson-Bergman Light Rail, 1ersey City. A 2.2 miles high- density urban corridor with design scales ranging from historic town homes. post indu~al. instiwtional and 1950-6O's suburban. Landscape and hydrological system solutions were utilized for the multiple brownfields along the site. Urbani Institutional scale roof and road run-off were treated via phytoremedial plantings. 1 Large constructed wetlands, mile long parallel filtering gabion runs. hyper- accumulator groves were designed for heavy metals uptake and decontamination. Ecological engineering and landscape materials dictated the intricate urban environmental solution. 5. -., Working with artists, Douglas Hollis and Anna Murch. concept design solutions for a park in Cambridge, Massachusetts. Focused temporal indicators were constructed and tested as part of this study. The design entailed an aU season retlectivelinteractive water feature as environmental recorder accompanied by multi surfaced, experiential path system. For the City of Charlestown, Massachusetts master planned an urban park and aligned with adjacent corridor planning and resulting artery alterations. This urban site was the site of the city's fOnner landfill and an historic prison dating from the 1640's. Concept planning for artful public space plaza and parking lot and for the Museum of Fine Arts in Boston, Massachusetts. Unique paving patterning and creative contour solutions focused the combined urban design and landscape architecture. She was part of the team for the downtown redevelopment studies for the City of Winter Park. Florida. Master plannin~ historical research, economic-development strategies, report and guidelines were produced for the downtown commercial and residential districts. She coordinated construction administration and construction project management for Disney lmagineering at Coronado Springs Convention Center and Resort. She headed up the Project plant material management and procurement for Atlantis at Paradise Island, Bahamas. $1.2 million in plant materials were collected, field tagged and exportlimported, from the US, Jamaica and the Caribbean. . Her extensive experience in tropical landscape Design-Build projects include estates in Manalapan, Delray Beach. Highland Beach, Boca Raton, Hypoluxo Island, Palm Beach and Cypress Head. She has created original hardscape design for several of these projects. Clients include Ron Pearlman, Chris Everett, Sam Snead, and Yvonne Lendel. Her South Florida Community landscape project management includes Hunters Run, Boca Woods, Boca West, Admirals Cove, Woodfield Hunt Club, Polo Club, Stonebridge, Les Jardins, St Andrews, and Gleneagles. Fot itWitutiORAl and coounerciallandscape ~t1\1ctiOfi management projects ran~e from the Good Year Blimp Base in Pompano Beach, the FPL Headquarters Juno Beach, the Br~ Hospital Parking Deck in Fort Lauderdale, and the South East Financial ~ in'doWntown Miami. She has been involved with landscape design. project management and installation for CB Smith Park in Pembroke Pines, Plantation Centr~ Park in Plantation, the Canacet Savings and Loan in Delray Beach, Florida, The McDonalds Corporation in Palm Beach and Broward County Florida, The Orand IAlcayan resort in Freeport, Bahamas, the Radisson Corporate Center and Hotel in Fort Lauderdale, Headway Office Park in Fort Lauderdale and the Crocker Center Hotel and retail center in Boca Raton, Florida. Ms. Pendelton-Parker was part of the initial team responsible for Comprehensive City Beautification Project for the City of Boca Raton, Florida. Landscape architecture, roadway conditions, utilities, right of ways and related infrastlucture were a part of her research that was published as part of the study. This Ten-year program was initiated by the city of Boca Raton in 1980. Ms. Pendelton-Parker has also served a guest critic for the Florida International University's Master Program in Landscape Architecture. \ I ~ -..-- - -.. ~---.- ~ - - - ----~".-- _.--~~ -- - -- ------ ---------- ---~---- - - ------ DElRAV BEACH /JNI~pI~ . .. .... .~, 1-/~-I/'7 ........ AlHmericaCity CITY OF DELRAY BEACH , III I! BOARD MEMBER APPLICATION RECEIVED 1991 ..!OOl information: JUL 1 2 2005 1. Name ell ~R 2 '5 Hc(lu.JQ::J fO~f1. State Zip Code PL 33tf4S' 3. Legal Residence: City State Zip Code (S:1~ a~ cd.otJve) 4. Principal Business Address: City State Zip Code ( 5M11L- as a hove) 5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax: 56/-63<1-- h11 5&/- 'ij(YfoJIXJ j re.J ("tib'flDtvr5 5bl-~~~ - 6. Are you a registered voter? y. If so, where are you registered? ~5 p~.r. 7. t Board(s) are you interested in s~ Please list in order of preferen , K.. l) 8. List all City Boards on which you are currendy serving or have previously served: (please include dates) - 9. rl~'1. qualify you to serve on this board: (please attach a brief resume) I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts contained in this a may""", eo........ upon my put of "'Y appoUument ; fl ~ ~ SIGN RE DATE/ / Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was submitted. It will be d1e applicant's responsibility to ensure that a current application is on file. SlCITYCLllltXIBOARDIAPPLICATlON Jerry Rabinowitz JRabinowitz Photography 56 J -870-6300 Skills and Qualifications: - President ASMP (American Society of Media Photographers), New Mexico - Steering Committee - President's Council - ASMP - Aspen, CO - "Albuquerque, A Celebration of Contrasts: Albuquerque's I st coffee table book in conjunction with City of Albuquerque, Chamber of Commerce and Bernalillo County Government - Commissioned Photographer - 'Our Governor's Mansions' Book, in cooperation with New Mexico Governor Gary Johnson and Oklahoma Governor Frank Keating - Selected, New Mexico Photographer - Photographer for numerous large scale public buildings. Metropolitan Court House, Navajo Nation Cultural Museum. New Mexico Museum of Natural History. Roswell Government Center - Boston University, College of FIne Arts - Guest Lecturer, Large Format Photography - Winner numerous New Mexico Addy A wards - Advertising Federation: Commercial Photography - Consultant with Public Art Sculptors on integration of art with public building projects - Fl!ii Film Corp - Traveling Lecturer- Architectural Photography Clients include: 0 Trump Properties. including Mara-Lago Resort & Spa o The Breakers. Palm Beach o American Airlines 0 Intel Corp o The Navajo Nation 0 Fisher Island 0 New Mexico. South Florida and Delrayarchitects Publications Ust includes: 0 .Palm Beach I/Iustrated. - Contributing Photographer 0 .Florida Design. 0 "Santa Fean, The Magazine of Santa Fe lifestyle. 0 "Business Week. 0 "Su Casa. The Magazine of New Mexico Homes. - Sole Photographer 0 .Florida Architect., AlA (American Institute of Architects) 0 "New Mexico AlA Journar 0 "Range Finder" - Journal of Professional Photography 0 .Naples Illustrated" - Contributing Photographer 0 .American Archeology Magazine" - Contributing Photographer My studies of art and architecture as a profession bring a broad awareness towards the confluences of form function, flow of life and purpose of public spaces and its surrounding environments. , DElRAY BEACH If; t/;fUJ . to . . . . ... t&ed ~/d55@~r mr CITY OF DELRAY BEACH BOARD MEMBER APPLICATIO"ECElVED 1993 JUN 01\ 2005 2001 information: 2. 3. Legal Residence: State 5. Home Phone: lJ/ .f7t ~3f3 6. Are you a registered voter? 7. What Board(s) are you intereste PUBLIC ART BOARD 8. List all City Boards on which you are currently serving or have previously served: (please include dates) ~~ tu<.- 12. Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach a brief .... 6-6 -05 DATE , Note: nus application will remain on file in d1e City Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. S'CIlYaDXIIlOAIlDIAJlPUCA11ON . ~ Kevin Rouse (Kevro) Fine Art Printmaker, Photographer, Artist, Designer KEVRO Gallery & Imaging Studio 168 Pineapple Grove Way 1002 Lake Shore Drive Delray Beach, FI 33444 561-274-0007/561-789-5104 Kevroart.comlKevroart@aol.com Education 1982 Graduate of The Art Institute of Fort Lauderdale Experience 1975 -1985 Freelance Photographer 1985 - 1998 Manager, Multi Media Photo & Digital Lab Multi Image Group in Boca Raton (Full production) 1998 - Present Owner of KEVRO Ine in Delray Beach Gallery & creative incubator for artistic solutions featuring high end photography, custom designs, original art & large format printing ',3 '" " ,~ ., , ,I< " : \ ,\ I \ I ---. -- i' \ ~ , .I -1\ ,. , \ r' .. , -- ~~.J~ .-1 f! q~ il'" \ ;,..l~ ,I L'i '..':; '! 1 \"r \ I: -"',. - ~ - ~- ~ ,. - - .. . ~.. -- .. -. ., ~ on '.,.- ---'.-.- - - --. - .,._- -- ..... - _..-'.- --,-... -- - ----. -.-. -.--. -- . .---...- ... .... . ----... -. --.". . - -----. ...' - ~ -. . - -. - -- ...- . ---.... - . - ---. - .---... - -.. - -.. ~.. -. :~ -: '"'' - - - . . -.' ... -.. . . - . - . . - :.. --.-. - .- . ,...--- .. - -... .. -..~ - . -. - _...- .... 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' - ....... -. ....:---..- "..-........... ,n '. . - - .' .-. :x.:";....~.~-:..~: ":~:' .. ..... ..:...... .... ........... , .. ..- .......... .. - -- .. , -- . -~...-......":. ........ " - or: ;.......:._ _. _-........=....... .-." .. ".- ...... -...... "'-"--"- . .. . , . .- ... ....- - ~ ... n '-I I ,- l.ili.U. Lilli', l!.:IIHF'M Nt!. 4 h Ij .1 p, L LJUS/ffSS ~I DRRAY BEACH .. & . . . . .. ..... {f/j-3/0? III r --CitJ CITY OF DELRAY BEACH , III I! BOARD MEMBER APPLICATION RECE1VED 1993 2001 JUN. 2 3 2005 information: RK L 5AB IN NlUIle SU SA 2. Home Address: -#- ~ c Sr~ ZiIJ CrS .;;tqO Nc 5-/~ AJe..- ( _l~(;L((_At BE A c f{ ~ <{ -> 3. Le~ Residence: C Srale :lip Code 0 Nt ~'rFk. A-< #I~' 10[L flAY &7kf-J. K JJf/fJ 4. Principal Business Address: City State: Zip Code 5A 11~' 5. Home Phone: Busin~s Phone: E-Mail Address: Cell Phone: Fax: 56 (-;1.. 77-- ,1 J. c > 6f - S'({ 3. - (J. s If be< v./ ft) 56cs. N(?{ St:/.SY5 ',},3to 'Scr-Q.S/'ot'1t 6. ke yon a I~telcd vorer? If s~helc are you regisrcd? ~ - _ <.-/2..41 <>:C -fL 7. \X'hac Bvard(s) ue you Ult<::rc"t~d in serving? Pbsc hs[ in order of prefereuce: / .Ad'/'_~D C0fr cL t20rn0'1 'i~ .- }-:ye:T 8. Lise all Ciry Bo s on which yOll are currently sc.rviog or have previously served: (please mdiirle datcs) j,Jo /l-) E-. 9. F.duatlonal qllilIifications: (jACH 2.'I...C;(S --:J.) c- 6 R..c: -- nJ 1JS L c-J.-)uL- 0 t <..' c- Z 10. Lis( any rdated professional cer.ri6catioos and licenses which you hold: r- tc - -;tr- ) jc E }'7 5'~,j . ' --I\.::.C:i e.."'j 7c--L.- . e_. 11 Give your pr~cnt, or most recent employer:, and position: ..- C /e- 02) - -.:..:J Ct . -) S 11. Describe exp,ricoce~, skills or knowl~dge .:::::j-. h<:.iUQ.. C( U. r- I 'n r<..::i.R, '.-L_.__bCtIlQ_ !x)(?.J.l. J>\ ~jg_r.:...' __:: :f2~.C _ ~}J {,~ ,. (.::,=~D E::: ,..:,:;-~!:-:.. . ,_c ... .__-_ "'_ _____ __'-_ ....l______ _f_ OVrl CjYl J~ 17) f nei _(jrrent-J e/ )/D) led Iy) ch ..r" c:;- - -1.5 (-:J -1 I hcceby certify that all rhe above statements ate tIlle. and I agt"Cc :ilnd and s[and tb3t OlOY aUsscatemcot of material facts y~ coo . ed in rhis <Jpplic -on may cause forfeirl1{'c upon my part of 30Y appoincmeot I PUy .r:ecei~ aiel --S.c. ~ J ~ u ) ') /f. . (, J;;; .~ J'~ ~ ~-<.-..~.:l-c:""- . ..- ").....[.-1----. '- -J (j "- , G Al'URE DATF. Note: This application will renuin on file in the City Clerk's Office for II period of 2 Ye'J.rS from the date i( was submitted. I( will be the applicant's responsibility to ensure that a current application is on file. S\CITYClJlIlJC\8O.UlDUCATlOtl UD..IV'i D<<=^~n {t07SLi II q/l.!-j .,........ ***** 5; 'lIen All-AmericaCity CITY OF DELRA Y BEACH 'lIlJ! <>/-0 BOARD MEMBER APPLICATION R E C t== \ '-t t:. Mb.~ , 9 1005 1993 2001 crr'l CLERK information: 1. Name MI.vr. 2. Home Address; '-15 ~rde 3. Legal Residencei 1./.5 ;f t. / 7-Ci- 5t City 7) /. Bead, SPL Zip Code ~ ra.... 33 lj;7cip>15;;;:'lDI rJwd.2 5-t City7k)r~y &Yi State Zip Code FL 33 5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax: () !Jhl- d7c1-()tJtJ. 5bl- J76-J/if1 t..S-LL - 1.0 1- df} j-- d. 6. / 7. fu--bl/~ 1k-f:5 :j::/l) Ie enfa-htJn 6inm ;" 8. List all City Boards on which you are currently serving or have previously served: (please include <htes) IIfF 9. EduCl.uonal qualifiCl.tions: .. )1 fe.5.5t:Jr;' ~ Cerlih' 7e.oe-her . to. List any related professional certifications and licenses which you hold: t 1. Give yow: present, or most recent employer, and positio~ I 5vU){) / -- --;eo f Il-d,nl/1istra-ItJr "12 ~~/#~ences,skillso~owlc~A?Jtlt -;9J)j-erv;=o2~~Sf3tbch ~~ lAfo,e)::.. IN -Pl!-/ V# Tc 0 elJ A ;; L}elHZ- LLCC7l~/V3.. $/f//e-e 7J I e;;;-c, It!) ~ 'enSIJ ,. e/l,5 tJn Cl/JJ1 ~ /ler\ (};n:Jol-knt 5- areu I hereby certify that all the above sute.ments are true. and I ee and understand that any misstat ent of mateci.al facts i :5 iOI contained in this application may cause forfeiture upon my part of any appointment I may receive. 9' ) IeA' YJl.n~ 7dL;t..JL . . '1J1tu--r / ~ 2/J4.5 SJr:.NA DATE i j Noie: This application will remain on file in the City Clerk's Office for a period of 2 yea1:S from the date it was submitted It will be the applicant's responsibility to ensure that a current application is on file. SlCITYaJlRK\BOAlUlVIl'PUCAnON FROI" : PHOIIE 110. : S61 n8 sew Oct. ?j;J:~i- OEUtAY 8eA.CI' ., " .. .. , . .. ,*-* '* - "" ANmericaCity CITY OF DELRAY BEACH "III! BOARD MEMBER APPLICATION 1993 2001 lease rint dle followin infonnanon: Last Name: M..L State - e.. 7 City . Princip:ill Busi.o.c.:;s AddJ..c-'<;s: City SCH:e Zip Code ~- .::: '-----, -.:::::> /4 T'1"' ~ '.' Home Phone: " Busiaess Phone: E-Mw Address: Cell Phone; , ;&:, F2X: ". 'JD(cV ,,\\1..\ . - ~\):l)~-~ot ~ ~e.u.\. ~,~~ 00'0 . 1u.e you a registered voter? If so, wne.tc lie you l"egist.cred? V~ --"?f=l. ~C'.~ ~\ ~ .., c "\ ~ - What Boa.rd(s) 2.(<:: you inteccstcd in stlVing? Ple<tsc list in OI:d= o~ pc.cfercnce: ~ \ <::> C> J. ust:ill City Boards on which you are cw:rcndy serving or have prdiously se.cved: (please include d~ces) u. Give youe prcsenc, or most uf:enl <l:..4k...T-t'., 2nd position: -\;>~"'!..<;:'O~1'"'\- ~~~\S('.('\S c;t..-A ... oJ G.,- ~- oS- RECeIVED DATE J Not.e: This applicatiou will remm on file in the City Cktk's Ollie<=: for a period. of 2 years from. the d.2.te It WtlS submitted. Ir -will be the applic.ant's r<".spoosibifuy t.o ensUI:(~ chat a. current appIICllti.oO!~~ _ CA~N =Ror., : PHOHE 110. : %1 278 5010 ~..'-S...~"'c.~ Goo- Oct. 08 2004 07:10H1 PI RESUME - KERA TROWBRIDGE { WOULD LIKE TO ADD THAT IN ADDITION TO WORKING AS AN INTERVIEWER - AND PANELIST FOR WXEL (90.7 FM) - ON A YEAR ROUND WEEKL Y BASIS - I ALSO OWN A HOUSE ONHA.RM:ON COURT - (OFF OF LAING- OFF OF ANDREWS AVE) THAT WAS BUILT IN 1921 - IT IS ((KEY WEST' - STYLE (AS IS OUR NEIGHBORHOOD) - AND I HAVE ENJOYED RESTORING IT - THE HOUSE AND ITS GARDEN. -IT HAS BEEN OPEN FOR CHARITY TOURS FOR VARIOUS ORGANIZATIONS AND WILL BE AGAIN TIllS WlNTER. I HA VE LONG WATCHED THE VARIOUS STANDING SCULPTURES WIDeR PREVIOUSLY HAVE BEEN ON DISPLAY IN THE NOW CALLED "PINEAPPLE GROVE AREA" AND .MIGHTILY WISHED THAT SOMETHING COULD BE DONE.- I HAVE DONE MANY COMMERCIALS - MOVIES - AND PRINT ADDS - IN ADDTION TO BUD..DlNG AND RESTORING HOMES IN THE SAN DlEGO.CA. COUNTY AREA- I WISH PUBLIC ART ADVISORY BOARD GREAT SUCCESS IN 1HEIR NEW ENDEA VOR- oaRAY BEACH ?U.b/tC k?~/#~ ...c.... 5~Clia/J&/- ***** AI~City CITY OF DELRA Y BEACH " II J! BOARD MEMBER APPLICATION 1993 2001 infottrultion: . NameltL~ M.. 1....- ;,J. . Home Address: LAle. f1w- CityO / ~~h State ~~ <i?"d-.q N~ '-t.,(t =Fl.- . Legal Residence: City State Zip Code a.0~ Prin~al Business Address: 11 p.1 1?t'eu. City . State Zip Code . f?t1A tJ~ (p~ 6m1t"f155"d~(.s (NlS-r dJed~ &<t. ch -pL -3 3'Td 1 "?vL.u t.- /}P.feu-~ VLft1lr~ert+- ~4L N. ON~ol.. Av~~ue... __ _... . Home Phone: Business Phone: E-Mail Address: . Cell Phone: Fax: ~..:1 '1--- <i? ?/1- '35':) ---4~53 ptvvste-lL1v M~ 1- G . Are you a registered voter? '1"--> If so, where are you registered? 5~ad1 'FL ,. . What Board(s) are you interested_in servipg? Please list in order of preference:. .. "PalM I'J-<Ali-1 (~(fVlh f0bh& ft.p.pouY~ 0-( t'l~ - 4rf- i;-. 'Pc/hi. t:. PIh.CL 5 (Oi'V!"'" I #~~ "fubh;:" {}yJ-- fhluSay~ B J(}lydl '. List all City Boards on which you are currendy serving or have previously se.lVed: (please include" dates) -- '. Educational qualifications: .' c { 'B'S CUM \CLV~ L.CA~t)(S(~~ ttn-ttl fa..fvy~ I (vt A- "Ens It ~~ ~so l..- ) O. List any related professional certifications and licenses which you hold: W~~l t. Give your present, or most recent employer, and position:\1;bl' ~.Ii S ~ ~+- ,\ t- tJltIS feeL 'I. 7\^ till & (YI I 'P~li ~ It RPOtAY~ f}-e 4rJ-n<<-d ,2 Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach a brief resume) ft.etls.f <;./.f aJIzLtlt t! le{ky aM hy(eP rtSU/J'-C L hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts . in this application orfeitute upon my part of any appointment I truly receive. . '\J E. 0 :0 caus ~ - :J-/ -- OsRECE\ DATE JU~ ? 1 "l.~ Note: This application will.remain on file in the City Clerk's Office for a period of 2 years fr~ submitted. It will be d1e applicant's responsibility to ensure that a current application e. SIoCITYa..J:!1tIOIlOAn::N.nUCATION . 829 N. Lake Avenue Delray Beach, FL 33483 June 23, 2005 Delray Beach City Commissioners lOON.W. pi Avenue Delray Beach, Fl 33444 Dear Commissioners: I am absplutely thrilled by the prospect of serving the Commissioner on the Delray Beach Public Art Advisory Board. It would be a pleasure to contribute to enhancing the community that I have thoroughly enjoyed living in for the past six years. In this short time, I've been delighted to see the public art that has popped up throughout the City. I envision Delray Beach as eventually being an artist enclave, of sorts, with cultural centers, world-class exhibitions, and an art education center for adults and children. It could become a mecca for writers, painters, photographers, sculptors, cinematographers and multi-media artists. The public art would reflect the cultural nuances and dedication to the value of art in our communities and our daily lives. I believe my art background, degree in Landscape Architecture, professional experience with the Palm Beach County Public Affairs Department and twelve years of teaching English to a diversity of students of various nationalities, make me an excellent, well-rounded and well- informed candidate for the Board. In addition, I am very enthusiastic about serving on such a board and have the desire to commit my schedule to monthly meetings as well as special events. I have enclosed a portion of an upcoming issue of the County Line, the Palm Beach County employee newsletter that I am editor of, that features a cover story about the courthouse public art project that I recently wrote and photographed. Feel free to contact me if you would like more information. I am very excited about devoting my time, energy, knowledge and skills to such a beneficial board! Sincerely, ~ Patricia J. Truscello Pat Truscello 829 N. Lake Avenue, Delray Beach, FL 33483 279-8374 Current Experience · Current Position: Public Relations Specialist, Palm Beach County Board of County Commissioners · Current Committee: Art in Public Places Committee (Palm Beach County Department of Public Affairs) · Current Projects: Field Reporter for TV 20's news program, "On 20," Editor of Palm Beach County employee newsletter (The County Line), Photographer for special events, commissioner requests, promotional materials and County Web site Education · 1978 BS cum laude, Landscape Architecture, SUNY College of Environmental Science & Forestry · 1994 MS, TESOL (Teaching English as a Second Language), University of Massachusetts, Boston · 1985 Certificate with Honors, New England School of Photography, Boston Previous Employment · Taught English as a Second Language at various educational institutions for 12 years including New England Conservatory of Music, Berklee College of Music, Boston University, Harvard University and Kitakyushu YMCA English School (Kokura, Japan) Photography/Media Awards/Honors · 2005 Excellence Award (Photography) NACIO - Annual Report/Calendar · 2005 Meritorious Award (Editor) NACIO, Internal Publications/Newsletter Format - County Line · 2004 Best in Class (Photography) Award of Excellence - NACIO (National Association of County Information Officers) - "Teens are 'all ears' when listening to Jane Goodall" · 2004 Superior Award (Photography) NACIO - "Teens are 'all ears' when listening to Jane Goodall" · 2004 Excellence Award (Editor) NACIO, Internal Publications Category - County Line · 2004 Excellence Award (Photography) Sawy Awards, 3CMA (City-County Communications and Marketing Association) - County Calendar · 2004 Excellence Award (Photography) NACIO - Annual Report Calendar · 2002 Superior Award, (Photography) NACIO - Photographic Series Award · 1993 Second Place, (Producing) Cultural Series, National Alliance for Community Media - "Ethnic Beat" · 1993 First Place, (Producing) Documentary Profile, National Alliance for Comm. Media - "Welcome to CC" · 1991 President, Multicultural Graduate Student Organization, University of Massachusetts, Boston · 1990 Full Tuition/Stipend, Harvard University Summer School, Division of ESL, Cambridge, MA Photography Exhibitions/Publications · 1988 Red Eye Gallery, Providence, RI, group show, cibachromes · 1988 Gallery 54, Boston, MA, group show, black & white · 1985 NESOP Gallery, Boston, MA, group show, black & white · 1983 Spectrum Gallery, Boston, one-woman show, cibachromes · Published in various newspapers, magazines in Boston area. · Published in various promotional materials for Palm Beach County Board of County Commissioners including the upcoming bus wrap advertisement on Palm Tran's Route 3 bus. · 2001 - present: Published various articles for Palm Beach County Public Affairs, authored brochures · 1988 Published autobiographical stories in the Kyushu Post, Kitakyushu, Japan · 2001 - 2005 Artist in Lake Worth Street Painting Festival June 2005 \\'hat's Inside Art in Public Places Creates New Look ~~l~~;~c:?'-:T~&~:1:~' for South County Courthouse One of the latest proj- ~ag~ f :. , - ; .Pe[Pf~dop~i9n ects implemented by the e-age'6:.,. .. ... . V.i~[im-SerVices __ :-"(_,' " 1 ~ ~ ~ Art in Public Places pro- ?~et J ~._._.--, I~f>~gTrai'ling t~~~~I~;l~~~:;:i::'~;~i~~t~e~;~~ gram is just about com- plete. The South County Plant Pruning Courthouse, located at 200 West Atlantic Avenue Lecture at Mounts in Delray Beach, now has "Where: Mounts Auditor- a colorful 3,300-square- ium, 531 N. Military Trail, foot mural covering two West Palm Beach exterior walls that can be When: Thursday, July 21, viewed from Atlantic 7 p.m. Avenue. And, the bench Fee: $ 5, members free Continued on Page 3 Artist Andrew Reid has been busy at the South County Courthouse. He has transformed two large exterior concrete walls into coloifUl murals that are Call 233-1747 easily viewed from Atlantic Avenue in Defray BetUh. .............................................. New Security Checkpoint Lanes Open at PBlA The first phase of the Palm Beach International Airport security check- point expansion program is now complete with the opening of five security lanes for Concourse B. The enlarged screening area helps to keep the lines and the wait time for passengers shorter. This western area of the terminal has increased from 3,300 A larger security screening area is now open at Concourse AlB at Palm BetUh International Airport. square feet to 16,000 November is a much larg- At Concourse C, a from five to seven. The square feet. Also part of er "meet and greet >> wall is being moved 60 entire project is expected area the $23.6 million expan- located In Concourse feet and the screening to be completed by the Slon that began III A1B. lanes will be increased end of the year. Pa~e 3 Bee Business Continued from cover - public art tops in front of the courthouse are adorned with ceram- At the June 7, 2005 Board of County Commissioners ic tile mosaics. In addition, a unique 12-foot ceramic meeting, the board took the following action: tile pineapple-sculpture bench will be located at the · Biotechnology Development District (BOD) - Named plaza's northeast corner, adjacent to the new city library Morgan Stanley as senior manager and Jackson Securities, that is under construction. Janney Montgomery and UBS Financial Services as co- The mural, created by Andrew Reid, is a historical managers of revenue bonds for first phase infrastructure depiction of life in Delray Beach and the south County. improvements at the Mecca Farms site; appointed Scripps The art on the concrete walls portrays a community time- Program Manager Shannon LaRocque as interim district line. Looking from right to left, the painting travels engineer for the BD D; and directed Public Affairs to work through time beginning with immigrants, farmers, schools with consultants on a new name for the research park. and nature, and ending with contemporary imagery · Homestead Pilot Program - Approved criteria for a local including the beach, children and even a postal carrier. homesteading pilot program under the federal Community The large pineapple, created by Carlos Alves, will Development Block Grant program. The County's Housing be quite a landmark. This ceramic sculpture will be and Community Development Department will use $1.2 surrounded by a bench seat, and because of its size million in CDBG funds to purchase six homes and resell and color, will be clearly visible from blocks away. them at affordable prices to qualified lower-income families. The Art in Public Places program previously coordi- · Traffic Signals - Adopted guidelines for installation of nated the barrier art project at the main courthouse on traffic signals in front of residential developments N. Dixie Highway in downtown West Palm Beach. where there is no developer to fund the cost. · Five- Year Road Plan - Approved on prelinUnary reading ....................... and advertised for public hearing on June 21,2005 at 9:30 State Legislature Wraps Up a.m. an ordinance to amend the Five-Year Road Program. · Legislative Report - Received a report from Legislative Affairs Director Todd Bonlarron on state appropriations The 2005 Florida legislative session recently con- and bills stemming from the 2005 Florida Legislative cluded, and the County did welL Some of the funding Session and the County's overall lobbying efforts. includes $68.8 million for transportation projects, $14.6 · Utility Easements - Agreed to compensate 32 private million for local water projects, $4.8 million for beach property owners along 40th Street North in The Acreage for restoration projects and $3.7 million for park projects. utility easements to run pipes to the Mecca Farms project. Some of the specific allocations are as follows: Lake Now Hear This... Okeechobee restoration - $5 million, Loxahatchee River Preservation Initiative - $3.6 million, Lake Worth · EightY-five percent oflearning is derived from listening. Lagoon - $1 million, Palm Beach Island beach restora- · Listeners are distracted, forgetful and preoccupied 75 tion - $1.1 million, Ocean Ridge Beach renourishment - percent of the rime. $1 million, Lake Okeechobee scenic trail - $1 million, · Most listeners only recall 50 percent of what they have turnpike canal protection - $13.4 million, Jog Road par- heard immediately after hearing someone say it. tial interchange - $9.8 million, Hungryland Canal bridge · People spend 45 percent of-their waking rime listening. deck rehabilitation - $3.8 million, PGA Boulevard west · Most people only remember about 20 percent of what of 1-95 - $7.8 million, Florida Atlantic University (FAD) they hear over rime. Wellness Center - $6.1 million, FAU/Scripps Joint Use · People listen at about 125 to 250 words per minute but Facility - $2 million and about $350,000 for the Palm think at about 1,000 to 3,000 words per minute. Beach County 1916 Courthouse. · There have been at least 35 business studies indicating Unfortunately, one of the County's top priorities, the listening as a top skill needed for success. Lake Region Water Treatment Plant, received only - ad4pted from the International Listening Assoc. \Web site $200,000 of the $2.5 million that was hoped for. DB.RAY BEACH cdu~ .c.oc.."" ***** AHmericaCity CITY OF DELRAY BEACH 1- ~- 01 ',,, J! BOARD MEMBER APPLICATION 1993 2001 information: () 5 trY) Name ff(;G-9 MI. 2. Home Address: '- ~rL~ft:J State Zip Code '"'U'O z-- rJO R.Jlflc. , 0 , RO, E<tK If G 339'0 3. Legal Residence: City State Zip Code . , frIn f I 4. Principal Business Address: City Sate Zip Code CAM [;Q IY)) 0 D L l S- c /foOL O~ {flIT!:! t8 t IK Ii rL 33LfP6 JOI 8ttl<.u/j Ck R-D. 5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax: t;b f-2k; 0~f)f} '5b/~63 Z-z/oCJ Tel) tl tnes _'1~ 51 i 6. Are you a registered voter? ! {S i 1 7. I , I I I ! 8. List all City B02J:ds on which you 2J:e CUttently serving or have previously served: (please include dates) . , - j j I 9. : , , I i , 10. List any related professional certifications and licenses which you hold: ---rrAcft: C'." {"" ,L -, OL .. \ : ~ j 10. sell. [)E; ~ ! L , , e attach a brief resume) , , >.! " I hereby certify that all the above statements are true, and I agree and understmd that any misstatement of material facts contain . application may cause forfeiture upon my part of any appointmen I ma receive. . .' I. 4. -- RECEIVED . . O!) D, JUl 0 R 2005 Note: This application will remain on file in the' City ClerYs Office for a period of 2 years fr0tW <0ti submitted It will be the applicant's responsibility to ensure that a current application is on file. S\CITY~AlWIAPl'UCAnON --~---- PEGGY USEM, M.P.A. 2002 Northridge Road Delray Beach, FL 33444 561-266-8599 tentimes 99@vahoo.com Education: B.S. Art Education, University of South em Colorado-Pueblo, 1974; M.P.A., (public Administration), Florida Atlantic University, 1992 Employment History: 1974-present: Classroom teacher. Currently teaching grades 7 and 8 at Carver Middle School, Delray Beach, Florida. PHOTOGRAPHY: 1997-2001 Special events photographer for Florida Marlins, Miami Dolphins, including SuperBowl XXXIII 1997-2001 Gala, Opening Nite, Special Events Photographer for Fort Lauderdale Film Festival 1998 Oprah Winfrey's party photographer, Key West, Miami, Florida Memberships: Palm Beach County Recreation Coalition, 1990-1995, Chair; Association for Public Administration, 1990-1999, Treasurer Certifications: Colorado, Texas, Florida Classroom Teacher, Language Arts, ESOL . ~ . ORDINANCE NO. 56-05 AN ORDINANCE OF ruE CITY COMMISSION OF ruE CITY OF DELRA Y BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 2005-2, PURSUANT TO THE PROVISIONS OF THE "LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT', FLORIDA STATUTES SECTION 163.3161 THROUGH 163.3243, INCLUSIVE; ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED "COMPREHENSIVE PLAN AMENDMENT 2005-2" AND INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach exercised the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.3243, inclusive, known as the "Local Government Comprehensive Planning and Land Development Regulation Act"; and WHEREAS, via Ordinance No. 82-89, the City Commission adopted the document entided "Comprehensive Plan - Delray Beach, Florida"; and WHEREAS, the Planning and Zoning Board, as Local Planning Agency, did prepare an amendment to the Comprehensive Plan entitled "Comprehensive Plan Amendment 2005-2; and, WHEREAS, the Planning and Zoning Board, as Local Planning Agency, following due public notice, held a public hearing on July 18, 2005, in accordance with the requirements of the "Local Government Comprehensive Planning and Land Development Regulation Act"; and WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that d1e changes are consistent with and furthers the objectives and policies of the Comprehensive Plan; and WHEREAS, after the above referenced public hearing, the Planning and Zoning Board, as Local Planning Agency, recommended to the City Commission that the proposed Comprehensive Plan Amendment 2005-2 be transmitted; and WHEREAS, proposed Comprehensive Plan Amendment 2005-2 was submitted to and reviewed by the City Commission; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and ~\~aS~ ~~1t\~\ ~~~~~~ 100A . . WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan; and WHEREAS, following due public notice, the first of two required public hearings on Comprehensive Plan Amendment 2005-2 was held by the City Commission on August 2, 2005, at which time it was authorized to be transmitted to the Department of Community Affairs for required review; and WHEREAS, Comprehensive Plan Amendment 2005-2 was found to be in compliance by the Florida Department of Community Affairs and the Department of Community Affairs did not identify any objections; and WHEREAS, following due public notice, the second of two required public hearings on Comprehensive Plan Amendment 2005-2 was held on . . . . ...., in accordance with statutory requirements. NOW, THEREFORE, BE IT ORDAINED BY THE CI1Y COMMISSION OF THE CI1Y OF DELRA Y BEACH, FLORIDA, AS FOllOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That the City Commission of the City of Delray Beach, Florida, hereby declares its intent to exercise the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.3243, inclusive, known as d1e "Local Government Planning and Land Development Regulation Act". Section 3. That in implementation of its declared intent as set forth in Section 1 of this ordinance, d1ere is hereby adopted the document entitled "Comprehensive Plan Amendment 2005- 2, which is attached hereto as Exhibit "A" and incorporated herein by reference. Section 4. That the document entitled "Comprehensive Plan - Delray Beach, Florida" is hereby amended pursuant to the document entitled "Comprehensive Plan Amendment 2005-2. Section 5. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect d1e validity of d1e remainder hereof as a whole or part d1ereof other d1an the part declared to be invalid. Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. 2 ORD. NO. 56-05 . . Section 7. That the effective date of this ordinance, is upon the date a final order is issued by the Department of Community Affairs (DCA) finding the amendment in compliance in accordance wid1 Chapter 163.3184, F.S.; or the date a final order is issued by d1e Administration Commission finding the amendment to be in compliance in accordance wid1 Chapter 163.3184, F.S. PASSED AND ADOPTED in regular session on second and final reading on this the _ day of , 2005. ATIEST MAYOR Acting City Clerk First Reading Second Reading 3 ()RJ).~().56-05 ~ I CITY COMMISSION DOCUMENTATION I TO: THRU: FROM: SUBJECT: MEETING OF AUGUST 2, 2005 - FIRST READING AND TRANSMITTAL OF COMPREHENSIVE PLAN AMENDMENT 2005-2 (05-2). J BACKGROUND I The City Commission initiated Comprehensive Plan Amendment 05-2 on July 5, 2005. The amendment includes three (3) City initiated Future Land Use Map Amendments, one (1) privately initiated Future Land Use Map Amendment, and nine (9) text changes, including updating the needs and analysis for the Open Space and Recreation Element. A brief description of each item is listed below and a full analysis is contained in the attached Comprehensive Plan Amendment and support documents. I PLANNING & ZONING BOARD CONSIDERATION I The Planning and Zoning Board held its public hearing regarding the amendment on July 18, 2005. During the Public Hearing, Gary Eliopoulos, agent for the applicant of the privately initiated FLUM Amendment for Lintco was available for any questions concerning the project. No one from the public spoke and after discussion, the Planning and Zoning Board voted 6-0 (one seat vacant) to recommend approval of Comprehensive Plan Amendment 05-1 on first reading and transmittal of the amendment to the Florida Department of Community Affairs. , RECOMMENDED ACTION , By motion, approve on first reading, Ordinance No. 56-05, adopting Comprehensive Plan Amendment 05-2, based on positive findings that it supports and furthers the Goals, Objectives and Policies of the Comprehensive Plan, and transmit the Amendment, containing the material in the staff report and attachments to the Florida Department of Community Affairs. \oA SUMMARY OF ITEMS IN COMPREHENSIVE PLAN AMENDMENT 05-1 1. Text Amendments a. Future Land Use Element - Modification of the description of the Medium Density FLUM designation to include provisions for increased density to approximately 18 units/acre within the boundaries of special overlay districts to accommodate higher density residential development subject to the provision of workforce housing; b. Future Land Use Element - Modification of the description of the Transitional FLUM designation to include provisions for increased density to approximately 18 units/acre within the boundaries of special overlay districts to accommodate higher density residential development subject to the provision of workforce housing; c. Future Land Use Element - Modification of the description of the General Commercial FLUM designation to include provisions for increased density to approximately 18 units/acre within the boundaries of special overlay districts to accommodate higher density residential development subject to the provision of workforce housing; d. Future Land Use Element - Add Policy regarding creation of an overlay district for the Congress Avenue Corridor to encourage the development of Class A corporate offices; e. Transportation Element - Add Policy regarding the change of NE/SE 1st Streets from one-way back to two way traffic. f. Transportation Element - Add Policy regarding enhancement of the US-1 corridor (NE/SE 5th Avenue and NE/SE 6th Avenue) between NE 4th Street and SE 4th Street through beautification and the provision of improved parking and pedestrian circulation. g. Transportation Element - Add Policy to seek the reduction of the ultimate right- of-way for Federal Highway from 120 feet to 100 feet, north of George Bush Boulevard. h. Housing Element - Revise "Analysis" section to update information pertaining to historically significant housing. i. Open Space and Recreation Element - Update "Analysis", "Conclusions" and "Needs and Recommendations" sections to reflect updated conditions and to be consistent with the adopted City of Delray Beach Parks and Recreation System Master Plan. 2. Future Land Use Map Amendments a. City Initiated Future Land Use Map amendment for the public park within the Bexley Park subdivision from LD (Residential Low Density 0-5 du/ac), in part and GC (General Commercial), in part to OS (Open Space); b. City Initiated Future Land Use Map amendment to assign City Future Land Use Map designations concurrently with annexation via water service agreement of approximately 10 acres of property for Valero Gas Station, Watkins Motor Lines and Public Self Storage, Inc, located west of Military Trail, 100 feet north of Conklin Drive. The current County Land Use Map designation is CH-8 (Commercial High with an underlying High Residential, 8 units per acre) and the proposed City designation is GC (General Commercial), in part and TRN (Transitional), in part; c. City Initiated Future Land Use Map amendment for the Lee Burke property, containing approximately 0.5 acres on the north side of Linton Boulevard, 660 feet west of SW 4th Avenue, from RDA-3 (Redevelopment Area #3) to MD (Residential Medium Density 5-12 du/ac); and d. Privately Initiated Future Land Use Map amendment for the Lintco multi-family site, containing approximately 7.05 acres at the northwest corner of Linton Boulevard and SW 4th Avenue, from RDA-3 (Redevelopment Area #3) to MD (Residential Medium Density 5-12 du/ac). Attachments: . Comprehensive Plan Amendment 05-2 . Ordinance No. 56-05 ..., ---- .,.," " - ., " ~ ,-~ > " ., CITY OF DELRA Y BEACH, FLORIDA , ., ..,".~t i , i ., , CrG'MPREHENSIVE PLAN AMENDMENT / 1 2005 - 2 , ; Planning & Zoning Board Transmittal Public Hearing July 18, 2005 City Commission Transmittal Public Hearing August 2, 2005 - - .' ~ ~. ,~ - .- -- . ~--~~. -- ~ - - -~ ~ ~.~ ~.~ .~ ~~- ,-- I COMPRE,HENS'VE PLAN AMENDMENT 05-2 I CITY OF DELRA Y BEACH, FLORIDA - TABLE OF CONTENTS - Page TEXT CHANGES - (CITY INITIATED) 1 Description of the Medium Density FLUM designation, Future Land Use Element 2 Description of the Transitional FLUM designation, Future Land Use Element 3 Description of the General Commercial FLUM designation, Future Land Use Element 4 Policy A-1.9, Future Land Use Element (Congress Avenue Corridor) 4 Policy 0-3.12, Transportation Element (NElSE 1st Streets) 4 Policy 0-3.13, Transportation Element (US-1 Downtown) 5 Policy A-3.2, Transportation Element (North Federal Highway ROW) 5 Housing Element - Modification of Table HO-15 and Text Dealing with Historically Significant Housing) 7 Open Space & Recreation Element - Text changes to Reflect Updated Conditions and to Achieve Consistency with the Adopted City of Delray Beach Parks and Recreation System Master Plan. AMENDMENTS TO THE FUTURE LAND USE MAP - (CITY INITIATED) 9 Bexley Park 9 Valero Gas Station, Watkins Motor Lines & Public Self Storage Facility Property 10 Lee Burke Property AMENDMENTS TO THE FUTURE LAND USE MAP - (PRIVATELY INITtA TED) 10 Lintco r"~O;"p~~~EN~I~EPLAN AMENDMENT 05-2 J CITY OF DELRAY BEACH, FLORIDA I CITY INITIA TED TEXT CHANGES I FUTURE LAND USE ELEMENT 1) location: Pg. FL-42, Description of the Medium Density FlUM designation. Medium Density: This designation is applied to land which is developed, or is to be developed, at a density between five and twelve units per acre. Residential density is limited to a maximum of 12 dwelling units per acre, except within the portion of the Southwest Neighborhood Area Overlay District, between the commercial area along West Atlantic Avenue and SW 2nd Street, from Swinton Avenue to Interstate 95, where the density may exceed 12 units per acre, up to a maximum of 24 units per acre subject to Conditional Use approval and the recommendations and strategies outlined in the Southwest Area Neighborhood Redevelopment Plan. Such land is usually developed in planned communities or exists in older areas where there are duplexes and condominiums. Home ownership is characteristic of this designation. Where this designation exists, uses other than those which are residential in character shall not be considered. Change: REVISION Medium Density: This designation is applied to land which is developed, or is to be developed, at a density between five and twelve units per acre. Residential density is limited to a maximum of 12 dwelling units per acre, except within the portion of the Southwest Neighborhood Area Overlay District, between the commercial area along West Atlantic Avenue and SW 2nd Street, from Swinton Avenue to Interstate 95, where the density may exceed 12 units per acre, up to a maximum of 24 units per acre subject to Conditional Use approval and the recommendations and strategies outlined in the Southwest Area Neighborhood Redevelopment Plan. Areas with this desiqnation, located within a workforce housinq overlay district, may also exceed 12 units per acre UP to a maximum of 18 units per acre by obtaininq density bonuses throuqh the provision of workforce housinq units. Such land is usually developed in planned communities or exists in older areas where there are duplexes and condominiums. Home ownership is characteristic of this designation. Where this designation exists, uses other than those which are residential in character shall not be considered. ( 1 ) Comment: This revision is being made to implement strategies to encourage the provision of workforce housing within the City. The increased density to a maximum of 18 units per acre will provide an incentive; however, any density increase that exceeds 12 units per acre will be subject to Conditional Use approval and compliance with provisions of the Workforce Housing Ordinance. 2) Location: Pg. FL-42, Description of the Transitional FLUM designation. TRANSITIONAL LAND USES: This designation is applied to land which is developed, or is to be developed, for either residential or nonresidential uses. In some instances this designation provides for a transition between less intensive residential use and commercial uses. In other instances, this designation allows the establishment of uses which are compatible with adjacent residential use. When Neighborhood Commercial Zoning is placed within or adjacent to a residential area, such zoning shall be limited to two acres, or less, which is sufficient to accommodate the needs of an immediate residential neighborhood. While in others, it provides for uses which are not as intensive as general commercial in areas where residential use is not desirable and/or appropriate. Residential development at a density between five and twelve units per acre, mobile home parks and apartment development in addition to condominiums, Continuing Care Facilities, A.C.L.F., and various types of group homes are appropriate under this designation. Nonresidential development at an intensity equivalent to that associated with medium density residential land uses is also appropriate. Change: REVISION TRANSITIONAL lAND USES: This designation is applied to land which is developed, or is to be developed, for either residential or nonresidential uses. In some instances this designation provides for a transition between less intensive residential use and commercial uses. In other instances, this designation allows the establishment of uses which are compatible with adjacent residential use. When Neighborhood Commercial Zoning is placed within or adjacent to a residential area, such zoning shall be limited to two acres, or less, which is sufficient to accommodate the needs of an immediate residential neighborhood. While in others, it provides for uses which are not as intensive as general commercial in areas where residential use is not desirable and/or appropriate. Residential development at a density between five and twelve units per acre, mobile home parks and apartment development in addition to condominiums, Continuing Care Facilities, A.C.L.F., and various types of group homes are appropriate under this designation. Areas with this desiQnation, located within a workforce housinQ overlay district, may exceed 12 units per acre up to a maximum of 18 units per acre by obtaininQ density bonuses throuQh the provision ( 2 ) of workforce housinq units. Nonresidential development at an intensity equivalent to that associated with medium density residential land uses is also appropriate. Comment: This revision is being made to implement strategies to encourage the provision of workforce housing within the City. The increased density to a maximum of 18 units per acre will provide an incentive; however, any density increase that exceeds 12 units per acre will be subject to Conditional Use approval and compliance with provisions of the Workforce Housing Ordinance. 3) Location: Pg. FL-42, Description of the General Commercial FLUM designation. General Commercial: This designation is applied to land which is, or should be, developed for general commercial purposes e.g. retail, office, services. Light industrial type uses such as fabrication and assembly are permissible under this designation when located in the special overlay district between Federal Highway and Dixie Highway, north of N.E. 14th Street to the north City limit. A maximum Floor Area Ratio of 3.0 is permitted for nonresidential uses. Residential uses may comprise up to 15% of the total floor area. Residential uses are permitted either in conjunction with a commercial use, or as a stand alone use subject to Conditional Use approval. Residential density is limited to a maximum of 12 dwelling units per acre, except in Redevelopment Area #6 (Lindell/Federal Highway) where residential densities may be allowed up to a maximum of 16 units per acre subject to Conditional Use approval and the criteria outlined in the Redevelopment Plan for that area. Change: REVISION General Commercial: This designation is applied to land which is, or should be, developed for general commercial purposes e.g. retail, office, services. Light industrial type uses such as fabrication and assembly are permissible under this designation when located in the special overlay district between Federal Highway and Dixie Highway, north of N.E. 14th Street to the north City limit. A maximum Floor Area Ratio of 3.0 is permitted for nonresidential uses. Residential uses may comprise up to 15% of the total floor area. Residential uses are permitted either in conjunction with a commercial use, or as a stand alone use subject to Conditional Use approval. Residential density is limited to a maximum of 12 dwelling units per acre, except in Redevelopment Area #6 (Lindell/Federal Highway) where residential densities may be allowed up to a maximum of 16 units per acre subject to Conditional Use approval and the criteria outlined in the Redevelopment Plan for that area. Areas with this desiqnation, located within a workforce housinq overlay district, may also exceed 12 units per acre up to a maximum of 18 units per acre by obtaininq density bonuses throuqh the provision of workforce housing units. Comment: This revision is being made to implement strategies to encourage the provision of workforce housing within the City. The increased density to a ( 3) ------ maximum of 18 units per acre will provide an incentive; however, any density increase that exceeds 12 units per acre will be subject to Conditional Use approval and compliance with provisions of the Workforce Housing Ordinance. 4) Location: Pg. FL-23, Policy A-1.9 (Congress Avenue Corridor) Policy A-1.9 The City shall create an overlay district for the Congress Avenue Corridor and the Land Development Regulations shall be modified to facilitate and encourage the development of Class A corporate offices within the district. Change: ADDITION Comment: This addition is being made to encourage the development of Class A corporate offices within the Congress Avenue Corridor. TRANSPORTATION ELEMENT 5) Location: Pg. TR-48, Policy 0-3.12 (NE/SE 1st Streets) Policy 0-3.12 To facilitate and encourage the redevelopment on NE/SE 1st Streets and simplify traffic flow in the downtown area, the City and CRA shall establish a plan by the year 2005 to change NE/SE 1 st Streets from one-way back to two way traffic flow. Change: ADDITION Comment: The existing one-way way traffic flow for NE/SE 1 st Streets unnecessarily complicates traffic circulation in the downtown area, especially for visitors unfamiliar with the area. The reversion back to two-way traffic flow will eliminate this problem and make these streets more attractive for redevelopment. 6) Location: Pg. TR-48, Policy 0-3.13 (US-1 Downtown) Policy 0-3.13 By 2006, the City and CRA shall establish a plan for enhancement of the US-1 corridor (NE/SE 5th Avenue and NE/SE 6th Avenue) between NE 4th Street and SE 4th Street through beautification and the provision of improved parking and pedestrian circulation. Change: ADDITION Comment: The US1 corridor in this area has limited on-street parking, minimal landscaping and narrow sidewalks which are not conducive to pedestrian circulation. Enhancement of the corridor will promote activity beyond Atlantic Avenue. ( 4 ) ~ ~ - 7) Location: Pg. TR-4i Policy A-3.2 (North Federal Highway) Policy A- 3.2 The City and the CRA shall work with the M.P.O. to encourage the Florida Department of Transportation to reduce the ultimate right-of-way for North Federal Highway, north of George Bush Boulevard, from 120' to 100'. Change: ADDITION Comment: The North Federal Highway Redevelopment Plan recommended reducing the ultimate right-of-way for Federal Highway, north of George Bush Boulevard, from 120' to 100'. The Plan recommends that buildings be moved closer to the roadway and parking be provide in the rear to provide a more urban feel to the corridor. A major reconstruction of Federal Highway was completed by the state in 1999. The modifications which included medians, bike lanes and sidewalk enhancements were constructed within the existing 100 feet of right-of- way. HOUSING ELEMENT 8) Location: Pg. HO-i1 (Table HO-i5) & Pg. HO-21 (text) - Historically Significant Housing. TABLE HO-i5 INVENTORY OF SIGNIFICANT HISTORIC HOUSING NUMBER TYPE OF LISTINGS OF PROPERTIES Florida Master Site File 285 National Register of Historic Places 4 Local Register of Historic Places/Sites Individually 17 Local Register of Historic Places/Historic Districts 5 Historically significant housing and neighborhoods are protected through the City's Historic Preservation Ordinance. As noted in Table HO-15, there are within the City 285 structures listed on the Florida Master Site File, four (4) on the National Register, and seventeen (17) on the Local Register, as well as five (5) locally registered historic districts. Most of the significant housing is located within the districts. Within these established districts the Historic Preservation Board must issue a Certificate of Appropriateness for changes in use, new construction, demolitions, and exterior building modifications. The City regularly evaluates its ( 5) ----- older neighborhoods to determine if the age and character of the housing warrant the creation of new districts. The City also promotes the preservation of historic structures through the recently adopted tax abatement program, which allows for the abatement of property taxes on improvements to qualified buildings for a specified time period. Change: REVISION TABLE HO-15 INVENTORY OF SIGNIFICANT HISTORIC HOUSING "L it " 'L, '. ';..... ...> ". ",'.; ; it ',it,' RUMBER",;: ',' TYP'E .0p:ti:STIt.JGS: ., >-.. . '0 , ; OF tpllePERTIES Florida Master Site File -285 1.347 National Register of Historic Places -4-5 Local Register of Historic Places/Sites Individually 4+30 Local Register of Historic Places/Historic Districts 5 SiQnificant historical properties Historic~lIy significant housing and noighborhoods archaeoloQical sites are protected through the City's Historic Preservation Ordinance. As noted in Table HO-15, there are within the City 1 .347 buildinQs or sites 285 structures listed in 00 the Florida Master Site File. four (4) five (5) on the National Register, and soventeen (17) thirty (30) on the Local Register. as well as five (5) locally registered historic districts. Most of the significant housing stock is located within the districts. however, recent surveys have indicated siQnificant concentrations outside of the desiQnated districts. Within these established districts and for all individually listed properties, the Historic Preservation Board must issue a Certificate of Appropriateness for changes in use, new construction, demolitions, and exterior building modifications. The City regularly evaluates and re-evaluates its older buildinQ stock and potential archaeoloQical sites neighborhoods to determine if the age and historical. architectural or archaeoloQical character of the housing property warrant~ the creation of new districts or an individually listed property or supports modification to an existinQ desiQnation. The City also promotes the preservation of historic structures through the recently ~dopted tax abatement program, which allows for the exemption 3batement of property taxes for 00 improvements to qualified properties buildings for a ten year specified time period. Comment: The changes to the table and text are required to update the information and reflect current conditions. ( 6) OPEN SPACE AND RECREATION ELEMENT 9) Location: Pg. 05-14 to 05-15, Needs and Recommendations NEEDS AND RECOMMENDA TlONS Summarizing from the above and drawing upon additional information from the source documents, the following needs and recommendations are put forth from the Open Space and Recreation Element: D Development of the southwest park site. D Opportunities may exist for providing additional access to the Intracoastal Waterway, preserving natural areas, and providing public park areas through development of the FIND parcel (MSA 650), additions to the boat ramps at Knowles Park, and enhancement of existing street ends at the Intracoastal Waterway. a Establish at least two additional playgrounds prior to build-out. a Develop a scenic recreation network for bicycles and pedestrians. a Encourage siting of appropriate private recreational facilities within the City. a Develop a program, with funding requirements, to establish an information exchange, staffed by City personnel, to act as a clearinghouse to encourage and publicize recreational activities to meet the needs of all cultural and age groups. a Encourage other community partners, including religious and social organizations, to join in the effort to provide leisure programs and activities for the community as a whole. a Develop a program, with funding requirements, to diversify recreational programs to offer more alternative sports, music, drama, arts and crafts and youth-in-government programs. a Develop a program to establish small parks in neighborhoods. The program would include identification of vacant or surplus parcels, and strategies to assure that the neighborhood determines that parameters of the park and is responsible for construction and operating costs. Such strategies should rely heavily on existing neighborhood associations as the originating, motivating and organizing forces. a Expand the Community Center to provide needed office space while maximizing multi-purpose room space for program needs. ( 7) a Develop a program, with funding requirements, for the reuse of Sarah Gleason Park. a Develop a program, with funding requirements, for field lighting at the Full Service Center and Carver Middle School. The program will include cost sharing by the School Board. Change: REVISION NEEDS AND RECOMMENDA TIONS Summarizing from the above and drawing upon additional information from the source documents, the following needs and recommendations are put forth from the Open Space and Recreation Element: a Development of the southwest park site. o Opportunities may exist for providing additional access to the Intracoastal Waterway, preserving natural areas, and providing public park areas through development of the FIND parcel (MSA 650), additions to the boat ramps at Knowles Park, and enhancement of existing street ends at the Intracoastal Waterway. D Establish at least two additional playgrounds prior to build-out. D Develop a scenic recreation network for bicycles and pedestrians. o Encourage siting of appropriate private recreational facilities within the City. D Develop a program, with funding requirements, to establish an information exchange, staffed by City personnel, to act as a clearinghouse to encourage and publicize recreational activities to meet the needs of all cultural and age groups. o Encourage other community partners, including religious and social organizations, to join in the effort to provide leisure programs and activities for the community as a whole. o Develop a program, with funding requirements, to diversify recreational programs to offer more alternative sports, music, drama, arts and crafts and youth-in-government programs. o Develop a program to establish small parks in neighborhoods. The program would include identification of vacant or surplus parcels, and strategies to assure that the neighborhood determines that parameters of the park and is responsible for construction and operating costs. Such strategies should rely heavily on existing neighborhood associations as the originating, motivating and organizing forces. ( 8 ) ----~.- o Expand the Community Center to provide needed office space while maximizing multi-purpose room space for program needs. o Develop a program, with funding requirements, for the reuse of Sarah Gleason Park. o Develop a program, with funding requirements, for field lighting at the Full Service Center and Carver Middle School. The program will include cost sharing by the School Board. o Development of a NeiQhborhood Park in the northwest section of the City. o Expansion of the Old School Square complex to accommodate an urban park. o Development of a Community Center west of 1-95 Comment: The revisions are being made to reflect updated conditions and to achieve consistency with the adopted City of Delray Beach Parks and Recreation System Master Plan. I AMENDMENTS TO THE FUTURE LAND USE MAP I CITY INITIA TED FUTURE LAND USE MAP AMENDMENTS: . Future Land Use Map amendment for the public park within the Bexley Park subdivision from LD (Residential Low Density 0-5 du/ac), in part and GC (General Commercial), in part to OS (Open Space). See Support Document #1 - Bexley Park - FLUM Amendment and Rezoning staff report. . Future Land Use Map amendment to assign City Future Land Use Map designations concurrently with annexation via water service agreement of approximately 10 acres of property for Valero Gas Station, Watkins Motor Lines and Public Self Storage, Inc, located west of Military Trail, 100 feet north of Conklin Drive. The current County Land Use Map designation is CH- 8 (Commercial High with an underlying High Residential, 8 units per acre) and the proposed City designation is GC (General Commercial), in part and TRN (Transitional), in part. See Support Document #2 - Valero Gas Station, Watkins Motor Lines & Public Self Storage Facility - FLUM Amendment and Rezoning staff report. ( 9 ) . Future Land Use Map amendment for the Lee Burke property, containing approximately 0.5 acres on the north side of Linton Boulevard, 660 feet west of SW 4th Avenue, from RDA-3 (Redevelopment Area #3) to MD (Residential Medium Density 5-12 du/ac). See Support Document #3 - Lintco & Lee Burke Property- FLUM Amendment and Rezoning staff report. PRIVA TEL Y INITIA TED FUTURE LAND USE MAP AMENDMENTS: . Future Land Use Map amendment for the Lintco multi-family site, containing approximately 7.05 acres at the northwest corner of Linton Boulevard and SW 4th Avenue, from RDA-3 (Redevelopment Area #3) to MD (Residential Medium Density 5-12 du/ac). See Support Document #3 - Lintco & Lee Burke Property - FLUM Amendment and Rezoning staff report. s:\plannmg & zoning\longrange\comp\amend 05-2\transmittal\05-2 maindoc city commission xmit.doc "- ( 10) I COMPREHENSIVE PLAN AMENDMENT 05-2 I CITY OF DELRAY BEACH, FLORIDA . SUPPORT DOCUMENT #1 Bexley Park FLUM Amendment & Rezoning Staff Report SD#1 -------- PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: July 18, 2005 AGENDA ITEM: IV.D. (2)(a) ITEM: Future land Use Map amendment from lD (Residential low Density 0-5 du/ac) in part and GC (General Commercial) in part, to OS (Open Space) and rezoning from PC (Planned Commercial) in part, and PRO (Planned Residential Development) in part, to OSR (Open Space and Recreation) for the public park within the Bexley Park Subdivision located on the east side of Military Trail north of the l-31 Canal. (Quasi-Judicial Hearing) _ --1-_1-.-1-.-_-_.... ....-. Il= t - -- ----~ _n____ --- -- - - ~ --< -<--: CLASSICAL 30UtEV,.\PQ '. l' I - , - - , '-J II " ,- f ---- '"'- -- -,--' t-- --, ---- - -~ l' - \---= -' ~_____________J : _ t -- ~r)~;_- - l-- -} =_-' lY!i.~/-- \,,-- II -1~--~ GENERAL DATA: ~i=-l-<;rr',~-~---/~ - - ~~i - J~~r · ~,---- ~ MODERN DR"~"[ 1--= r ~- '-- - --- '- -- - - -- l~ - - ~~~~ Owner...................................... City of Delray Beach , " '- /~,- _ - - ~~t=- ~ A I. t C' I" d · C'..AS~C<L BOULE""C --3 1.31---= pp Ican ..................................... Ity nitrate ~- ~ ------ ----- : -r~--~ Location...................................... North of lake Ida Road, between 11-. B-..-H___-H-..-~ - c - -1i:::c--- Military Trail and Barwick Road, ! M "'DGE Be" n_ I /BE"'-O ,,;: OR . within Bexley Park subdivision. 1_ _ _ _____~I \ _ ~ ---1 - - r t- _ -- Property Size.............................. 11.15 acres ~ 61 j ~ _ I' - Existing Future land Use Map.. LD (Lo~ Density Residential, 0-5 ff~- __-~_ ~II ~ _- l-- du/ac) In part and GC (General , u\J-- - - -~ --Il - ~ . ............. Commercial) In part . . Proposed F.L.U.M.................... OS (Open Space) : : Existing Zoning........................... PRO (Planned Residential) in part: : and PC (Planned Commercial) in ~ · · · .. : rt - · pa . . Proposed Zoning..................... OSR (Open Space and Recreation) : :. Adjacent Zoning................North: PRO i---- __ CA,N~L_ __ _ _ L-31 _ ___ East: PRO ~ 0 ~ South: RM (Medium Density Residential) I :~~D'~ (0) ,~'~ (I,~ W t. PC ~",",(,'" \\ ~11;; IJ I &'6}. es . f''''~'' \' /J,/ ~0' .\ (~'" . . / II p-<! $;:/ c::'- EXisting Land Use...................... Vacant ~ 1\ ~,c-- ( -, //I{=;" '0' ~\~~O) ~. 0 '-':'l Proposed Land Use.................... Future land Use Map Amendment ~ II '.::J I L and Rezoning to more consistent ~ ~ d~signations to accommodate a (~$) ~~;gl City Park. , \\ i'" I' Water Service............................. n/a ~, II rcI('\ I S S. I tQ(\~\,!o5-::>' ~ \~!'v- ewer ervlce............................. n a \S! ~ ~ .;; LAKE IDA ROAD , J ! ; '( N W 6TH c' f-~-~ ~------------- - -- - n f- 'I 'I - · ____ /" . IV 6Jti IV. D. (2)(a) :.,.. ':..~.:Oj '.', ,r:j"'E~itt'~'E"f.'tj7~;E''''iii'~o'A'R'b..,;:.~(~~r...~b-;;.- ,-. .,:;t5-%.Ii-\~"'.t'~ , ' ". . .... 10.' .'~-='. I: . . t .' ," 1'....'" -.. '. .. . ". ,"=...t; "; ~'I::"".. ..;'i.~ . :., r ~~';.~'I.~~'" The action before the Board is making a recommendation to the City Commission on a City initiated Future Land Use Map amendment from LD (Low Density Residential 0-5 du/ac) and GC (General Commercial) in part to OS (Open Space) and rezoning from PRO (Planned Residential Development) and PC (Planned Commercial) to OSR (Open Space and Recreation) for Bexley Park, generally located north of Lake Ida Road, between Military Trail and Barwick Road. within the Bexley Park subdivision. Pursuant to Section 2.2.2(E} of the Land Development Regulations, the Planning and Zoning Board shall review and make a recommendation to the City Commission with respect to FLUM and Rezoning Amendments for any property within the City. r; - ,-:e-_ e '("1 ':,:'j~., '''~~!l~~: ~ t'~'.Br'~' .,. '.13'. "-""owr - ~~~~'~.M>'~~":- -. .r~\~1F~oij~ ~[:-<.. ~ ~ f ,. ..... ~.": ,~.~ "" . .'". C"' ~.......' "A Ci<. .R.p) ~. 'l~. "I !~~~ ..... ..<~-=.r,~ !'_ II '.. 1.'; .tt':~ "......~~... The subject property has an extensive land use history and the following are the most recent land use actions regarding the subject property: In 2001, the City acquired approximately 55 acres of land at the City's northwest planning area. Under direction of the City Commission, staff issued a Request for Proposal (RFP) to Master Plan the property for future development. The RFP emphasized several items including the provision of moderate-income housing and the reservation of approximately 10-15 acres of the residential component for a neighborhood park. At its meeting of November 5, 2002, the City Commission approved the selection of the development proposal known as Bexley Park. At its meeting on June 16, 2003, the Planning and Zoning Board approved a Master Development Plan for the entire 55 acre development. The development includes a 264 lot subdivision located on a 55.187 acre site and includes 101 single-family zero lot line homes, 82 three-story townhomes, and 81 two-story triplex villas. The development proposal also incorporates the following: . A publicly dedicated 11.15 acre park site; . A 3.78 acre lake parcel; A Conditional Use approval was granted on July 22, 2003 for a free standing multiple family development on the 6.79 acre parcels zoned PC (Planned Commercial) located adjacent to South Military Trail, which was depicted on the previously described master plan. . At its meeting of November 19, 2003, the Site Plan Review and Appearance Board approved a Class II Site Plan Modification, Landscape Plan and Architectural Elevations for the development. At its meeting of February 17, 2004, the City Commission approved the preliminary/final plat for Bexley Park. The Bexley Park residential components are under construction. . ,-.;) ~ ';:'- ,,;;;~ .z. -~IR'-~<'--}~C\r----i1-~~~- -.,cz;- -;'-~f'-\F.-rT,,".-;~~"V":"--- -~':-:;-:~--~ ~ ~. 4'~ , ~"J '-~~ ,,? ~ ,,~.~,,\!l1 "J~ ~t~j{l i :'l.l>~~;' f ~'~~~ !:I ~ ~~~; ~ J.l k" ~ .....,;~."--"'--><:._--'--~.......,~___o,:b,___.=~"" 'i&;,Ut.",," ~~~~~_~"""'-_=--""~~=~~_.."'...-"""""'" ~4...~"",",~ This Future Land Use Map Amendment is being processed pursuant to the twice a year statutory limits for consideration of plan amendments (F.S. 163.3187). land Use Analvsis: Pursuant to land Development Regulation Section 3.1.1(A) (Future land Use Map), all land uses and resulting structures must be allowed in the zoning district within which the land is P & Z Board Staff Report Bexley Park - FLUM Amendment and Rezoning Page 2 situated and, said zoning must be consistent with the land use designation as shown on the Future Land Use Map. The underlying Future Land Use Map designation for the subject property is a combination of LD (Low Density) and GC (General Commercial) and the proposed designation is OS (Open Space). The Parks and Recreation Master Plan identifies this 11.15 acre site as a appropriate location for a neighborhood park. The proposed zoning designation of OSR (Open Space and Recreation) will be consistent with the proposed Future Land Use Map designation. Based upon the above, a positive finding with respect to Future Land Use Map consistency can be made. REQUIRED FINDINGS: Future land Use Element Policy A-1.7: Amendments to the Future land Use Map must be based upon the following findings: o Demonstrated Need - That there is a need for the requested land use. The need must be based upon circumstances such as shifts in demographic trends, changes in the availability of land, changes in the existing character and FlUM designations of the surrounding area, fulfillment of a comprehensive plan objective or policy, or similar circumstances. The need must be supported by data and analysis verifying the changing demographics or other circumstances. This requirement shall not apply to requests for the FLUM designations of Conservation or Recreation and Open Space; nor shall it apply to FlUM changes associated with annexations when the City's advisory FlUM designation is being applied or when the requested designation is of a similar intensity to the advisory designation. However, the findings described in the remainder of this policy must be addressed with all FLUM amendments. The basis for the FLUM change is that the existing FLUM designation of LD (Low Density Residential 0-5 du/ac) and GC (General Commercial) will not accommodate the park use envisioned for the site. The above policy does not require data and analysis to be provided to support the new OSR FLUM designation; however, the adopted Parks and Recreation Master Plan identifies the demonstrated need which was adopted by the City Commission in 2002. a Consistency - The requested designation is consistent with the goals, objectives, and policies of the most recently adopted Comprehensive Plan. A review of ~he applicable Comprehensive Plan Policies was undertaken and the following applicable policy was identified. Open Space and Recreation Element Policy A2.14 - All planning for parks and recreational facilities shall be in accordance with the adopted City of Delray Beach Parks and Recreation Master Plan The proposed FLUM amendment is consistent with this policy as a directive of the Master Plan is to provide additional neighborhood parks Citywide. The Park was depicted on the master plan and dedicated in conjunction with the subdivision plat. a Concurrency -- Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. P & Z Board Staff Report Bexley Park - FLUM Amendment and Rezoning Page 3 The proposed FLUM change and rezoning will place the property in an open space category rather than the current residential category. This will result in a reduction in intensity therefore concurrency can be met and is not an issue. Compatibility -- The requested designation will be compatible with the existing and future land uses of the surrounding area. The requested designation of OS will be consistent with the surrounding land use designations and will accommodate the proposed use of the property. Since the proposed park will primarily serve the recreation needs for the immediate neighborhood and was depicted as part of the Bexley Park subdivision master plan compatibility is not an issue. D Compliance -- Development under the requested designation will comply with the provisions and requirements of the land Development Regulations. The subject property will be developed as a park and will be reviewed for compliance with the LOR during the related site plan approval process. No problems are anticipated in meeting the LOR requirements. ," ~","' '. ~t';lIJ.w.!!...~!Iit>'J.l;'rA'1';""r9"~~~~lrS"~;;:~':~':':;--"':" ';-~-:-'-':~-;-:; "l-~-..""...,.,.. ~ ....~~\"-i,+~1". .;.J.1i-~~K"'t-"';"'."_..:';~:".<I~'";:;':'" .. ....~. "":. ....." ..~.~. ... ..":.i.~ .~~'...~..,. ..~ . .. ,a., ~I.. REQUIRED FINDINGS: (Chapter 3) Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the Staff Report or Minutes. Findings shall be made by the body, which has the authority to approve or deny the development application. These findings relate to the Future land Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance with the land Development Regulations. Future land Use Map, Concurrency and Comprehensive Plan Consistency were previously discussed under the "Future Land Use Map Amendment Analysis" section of this report. Compliance with the Land Development Regulations with respect to Standards for Rezoning Actions and Rezoning Findings are discussed below. CONSISTENCY: Compliance with the performance standards set forth in Section 3.2.2 (Standards for Rezoning Actions), along with the required findings in Section 2.4.5(D) (5) (Rezoning Findings), 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. Section 3.2.2 (Standards for RezoninQ Actions): Standard B, C and E are not applicable with respect to this rezoning request. The applicable performance standards of Section 3.2.2 are as follows: (A) The most restrictive residential zoning district that is applicable given existing development patterns and typical lot sizes shall be applied to those areas identified as "stable" and "stabilization" on the Residential Neighborhood Categorization Map. Requests for rezonings to a different zoning designation, other than Community Facilities, Open Space, Open Space and Recreation, or Conservation shall be denied. P & Z Board Staff Report Bexley Park - FLUM Amendment and Rezoning Page 4 The surrounding residential areas are classified as "Stable" residential areas on the Residential Neighborhood Categorization Map. The adjacent residential properties are zoned PRO (Planned Residential Development) to the north and west, County AR (Agricultural Residential) to the east, and RM (Medium Density Residential) to the south. The City-initiated rezoning request is to a designation identified in the above policy, and therefore meets the intent of this regulation. (D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses 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 property is surrounded by residential zoning districts. The proposed changes will allow the site to be developed into a community park to serve this immediate neighborhood and as such should not be incompatible. Section 2.4.5(0) (5) (Rezonina Findinas): Pursuant to Section 2.4.5(0)(5) (Findings), in addition to provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: a. That the zoning had previously been changed, or was originally established, in error; b. That there has been a change in circumstances which make the current zoning inappropriate; c. That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The reason for the rezoning is "b" and "c". The change in circumstance is that the property has been annexed with the expressed purpose identified in the RFP of establishing a community parle The proposed land use changes and zoning change are necessary to accomplish that goal. Further, the zoning designation of Open Space and Recreation is of similar intensity (if not less) and more appropriate for the property to accommodate the envisioned development of the parcel to benefit the community. r -- - - - ~ - C_' 7;-~ l~-"---;-.-C::CS;;'::-A . ,'0;- "7';C'''''j;- Y '-~':' ':, ~ ' - . . ...,:;,.,r...- " ~ '''-'1,': ~l.;-r -; _ _ ~ 1..- '^ .0 '. % . ~~-~~ ~ The development proposal is not located within the geographical area requiring review by the CRA (Community Redevelopment Agency). Courtesy Notices: A special courtesy notice was provided to the following Homeowners and Civic Associations: . Barwick Ranch Estates . Country Manor . PROD (Progressive Residents of Delray) . President's Council P & Z Board Staff Report Bexley Park - FlUM Amendment and Rezoning Page 5 Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of objection and support, if any, will be presented at the Planning and Zoning Board meeting. ~ ~ ~ ~ ~~{~T ~: ';"ri,-11~ ~~ ~ ~ E'ttnt~"'N.'ii:Jt~"~~1!:i:fs '1"0 'N:' -:i ~...,.:: . ...,. .-,-::--:- ~;:i:.: :r";;'~;;' , , .....! ......;. I. .,,-.:.".;. ...: .~..." ~.....:,. . I ,,~!:';'I~'. . \ :'~l:,"....:;... :-$.... ~ The existing FLUM designation of LO (Low Density Residential 0-5 du/ac) and GC (General Commercial) and zoning of PRO (Planned Residential Development) are inappropriate for the site in light of the expressed purpose of the property per the RFP, dedication and the Parks and Recreation Master Plan. The FLUM amendment and rezoning will allow the development of the parcel as a neighborhood parte As this intended use of the property was envisioned by the City and the immediate neighborhood, it is appropriate to approve these changes. Positive findings can be made with respect to Future Land Use Element Policy A-1.7 (FLUM Amendments Findings) of the Comprehensive Plan, and Sections 3.1.1, 3.2.2, and 2.4.5(0) of the Land Development Regulations. . .J~~~t[:~f~~R'N ~-::t.fV'E~!.A~c""iT"1 0" N-~ .. --;-.-' ::----;-.;:- ""(",:' :':~.~-; '.. . '1ft' or:. .:01 .1 ..tEt- 1':,. ".. . . ... .. . A. Continue with direction. B. Move a recommendation of approval to the City Commission for the Future Land Use Map amendment from LD and GC to OS and rezoning from PRO and PC to OSR for Bexley Park, by adopting the findings of fact and law contained in the staff report, and a finding that the request is consistent with the Comprehensive Plan, and meets the criteria set forth in Sections 3.1.1, 3.2.2, and 2.4.5(0) (5) of the Land Development Regulations. C. Move a recommendation of denial to the City Commission for the Future Land Use Map amendment from LD and GC to OS and rezoning from PRO and PC to OSR for Bexley Park, by adopting the findings of fact and law contained in the staff report, and a finding that the request is inconsistent with the Comprehensive Plan, and does not meet the criteria set forth in Sections 3.1.1, 3.2.2, and 2.4.5(0) (5) of the Land Development Regulations. ,> ._"'. "''r~ ~ ;;2:~ v",~~v",_~~~~_~"A.~~~~l' _~~_"""':.x ~.X;~~'!l , -, ,c, " - 0 ".' ~, - ~ /( , 'd~', :?;~&''"' .. ~. . - ., k -" c. . ^' ~ ~ 1: -~}' : l~ ;; ~~:~ ~'tl:4~! d -'l{;~~~ _ -............._~~ ___ _ ~ ~_>-<<->~ .J;~~ ~ ~ __~,"""......~_:-m_~ _~~~_~LW"" . ~~_~~____ ~ Move a recommendation of approval to the City Commission for the Future Land Use Map amendment from LD and GC to OS and rezoning from PRO and PC to OSR for Bexley Park, by adopting the findings of fact and law contained in the staff report, and a finding that the request is consistent with the Comprehensive Plan, and meets the criteria set forth in Sections 3.1.1, 3.2.2, and 2.4.5(0) (5) of the Land Development Regulations. Attachments: Existing & Proposed Future land Use Map Existing & Proposed Zoning Map ('-^~I^ t -,n - .- -~ :I~ I '1'1:' III I I' > ., ~ ( li'l 11 ~~N~~';II IIi TJ~;IT~~ 'v}mfn^~'~'IT!i ~ =1'-; tlil~~M=~IIIJ ~.~ '0~~ =--= ~J::; ! I i rTm ~'c 1 I. L' !~y ---- _1= r" y "-1- " ,,- I~ t=~g II. 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".. , , ~\ \ I I 'I ill I I .~ l III rlml 1III1 1111111111 Ill!. 1 :~ . DANSON WAY ""'< ! ~,Tl~,^'il'n ;2 ~ ~ (11I=~=III} ,jp, ~ ( ~ ~!~= I 1~'GHGrl ,I IT11", I, J I~ I r:1.o/~ - - '-1 ' ,." i'-----J .' - - ~ ~ \ ~ ~ 3' I II - a = = :== ~/. PINE TREE DRIll{: IItD I -~ ,~, "OO,,'"~~ ,-- ~ ~Vl! m~ I------ -~ / III i I ~- ~ - -u u_ ~ - - ar I I I I I)~ - - 5 V \.. SUNRISE BOULEVARD ~.y CLASSICAL BOULEVARD d :3 = I I I I ~ - I!, I ,I, I, II ~ I r~\' i =<L - I PALMRIDGE~l:' , ~ \;(\ II 'I~/ 1"1 ;~\; ;'?GE, 'Y:L'f' ,'. ;'- --.l -..... ~/ '--- I BEXLEY PAR~ ,/' ([hlRANCH I - >- hllU - - I ~ - r-- '" <( ~ -- - ~ OJ 0::: '--- 1- - - 0"'- '" ii! 1== 5 . 1- - LD - ~ ;;'j (j 0 c-- , l- 0- _ _ _ "''''- - ! I Tl:JN' ~ '\ ~- -- 7 :-= --- 't=<< =--':< J i .....u \.-- 'l... /i \~o_~ I II C----- -,' / \ 0:: _ u I j _" ,;, .." = I >- /." 'n I "l ~L : 0:: ffifHlffHl U I ! - os: I' BEECHWOOD ROAD <( ,.. --- ::j:: I ~' : '. = g In;: .J -~ , l- r--:U I _. -:l; ! - Q;= =~ ~D- I --.l "'::== -r- -' '.c::: --' \ ,;.,:.1... c-- ~ OAK HILL ROAD :;;; I ,I B1mJ! I " .J ~ ,'" 11= ' 1 r-".'."- I : l:::=:= i II L CANAL L-31 I ------. VIA DELRAY ~,)L, J::? ~ V - 0 0 Q '""<.; 0 ~~.6r~ ~{)) f-- ~ = ","c,<?,{f' '\ ~'f' I ~ 'IrIJ '(~ V << ,$I {J G< ~ '"' I JlT I ( -<-"~ ,) i c.,.!;- OS ~1< ~ .\ ~'b ~ : COURT 'J Cj oq:. <" \''--!:..ANE I) - Z III I LANE /"@ -( 0 0 ~ (Q) ~ Fl. COUNTRY I\MANORS ROAD I i[ ~~r JL . .I \\ I;-- -=---- - 9)' "-.::: y . I ~ Int';;;--'"'--- IAEAOOllt 0 0 0 () ~ ! ~ ') ~:~ ~WILL 0 ~ IB~RD (JAROINAl; I J l )) U1 ~ L- -1 ~ t 0:: '- 15 f\\. LP,~ 0 Lf'~ c: \,- ~ 0 \ ~ LANE 0 oe( FIRE ~ ---=- '----- 0 ~ ~. m S;:. - LAKE IDA ROAD ,n') \ I 111111111111111(11)rl II I \ : N PROPOSED FUTURE LAND USE MAP AMENDMENT FOR: CITY PARK WITHIN BEXLEY PARK : ory Of DELRAY BEACH FL PLANNING &. ZONING OEPARrMENT RUM FROM LO (RESIDENTIAL LOW DENSlfY 0-5 DUlAC) AND GC ( GENERAL CO......EROAL) TO OS (OPEN SPACE) I - - DIGITAL BASE AlAP SYSTEM - - MAP REF UA854 I : -------- --.J ~ \.1 ! I If-- J. - --" ,~ 'N"- lRl'( ON""" " "'''''~ - f-- -II---- \ 0 f-- bu " " - ~ ~~ / "' MODERN DRIVE ~~. LV 0 ~ ''',J", ~~'"" ~ '" .""~ == '= ~((1i . ! ! k.~, i~:-: ,-,,""" ,"l~"'I"-..I"-..I""',,~ '" == r= "- I I I II I L/J~H 1 f-- ~ , " ~u~iS~OOUVABO" '" ~ f\. - /"''11 Q,,;,eUOOU:VAAO , T d ; ,j ~ ~~ -, ~~ "" ""I'-- "" ~ <'~" "'~ - I III I I I! i i \ II ~ ~ ,,""{ "" ""~~"'~' "" ~~ ~ "" == ~ ~~~~ I?\ I "iT \J I I f)~' \~-"I ,~ ' c-- -I L RI E vo }>.. I:~ \ I / i! ~ ..l. I / f-- " " " "" ~"'" /' SEXLEY PARK ~ (RANCH f-- ~~~'~ ~ ~1~1~=-y I - ill c-- <( - <( ~ - . f-- - - ~ I ... :==0::: I'\.. '~ - f--O- ~ \ ."l;;v- = c-- "'''''' ~ ~ ,"-= ~flD ~~- c-'" 1,.[..1[1 P::= ~I- ~ - ""~'" ~ \ _ _ f-- I ~ ,. ) r--- f-- :1:, \ - I-- f-- 81 - f-- E 1==>- f-- f--o::: '" ~If ~ ~~~~ = f-- f-- <( f-- ~I- ~~ '\ lij~ ' g ~ ' 1= E 1==-1 f-- t-- m ~lliHmid~ Ii! 1--2 ~ ~, ~. CANAL L-31 - f---' f----, o ~ o A' 0 ~ ~~~ ~- - ,>>..G~ ) rS- ~ <~ f-- -0\)~ ~0~ ~ %--t.: ( LANE J: 0 o aq:. ~,~ - " 0 o COONlRY MANORS 0 ROAO I / - I 1 - - ::r:: f~~ (Q~AR",NAl ~ I- ~"EAOO",. 0 O~ () ::) '?f- c,B/RO I~ ~ - 0 ~ ,\ I:;; 06- ( ~ (j) - '---.J ~ !<J 0::: I>-n s \\ LANE II~ o L"t-l( I~ 0 0 -/ "-- ") L A K E IDA R 0 A 0 \ I I I I I I I I I I I I I I I 1 1 ( .- \ I I I I N EXISTING ZONING DISTRICT MAP FOR: CI TY OF DELRA Y BEACH. fL CITY PARK WITHIN BEXLEY PARK PLANNING .Ie ZONING DEPARTMENT -- DIGITAL BASE MAP SYSTEM -- Mf>P REF LMB54 ---' ~_~ II IH, ___u" " ,<'N"-TRff DN"", , , '''K:-\ f-- -' - i 0 1------, ~ " ~ := ~ = / "" '- MODERN DRIVE ~ ~ ~ ~ '" "'" l~~ "'" "" ~' "" ~ ~l'( ~ := ~ /M I I I, I,', l~~ 1:= ~ '" "'~ '" "" "" ~ ~ "'" K"~ ~ '" == f--" III II I \ i)~1--- ,~6 N'''' ~u~lsNOtx.EV~D"'" " ~ = ~/Y CLASSICAL B,OU,LEVARD d \--; !:== ~I-- " I~~~ "'" "" ~ "" ~ ""~ ~ / III II Jill i ill ", 'JE :== ~""l~!~~~~!",,,,,,,"\~~~ == ~~~~ ;?\ JI!I! 'I I /:>;. ""1' -7-" == L Rl E YO .... '~\ I I I i / \i / \' 11.l .I / _ -1 " " " "" """,,, -/ BEXLEY PARK "'" I RANCH ~~~~~~,~~ :==1~:~~-=,_5 ! 11- ill ~~~'" ~ ~ 1:= -;;;; D l:=~'=-~ hJ~__o ~ '= ~~__ ~ " ,~M - # ~ _ "" ~ '" ~ \ _ _ JI - - _ "" q. ~ - ~ ""'~ /; I'-.. " \ =-= ~--: ({ -- / /.,~ I ~ 0 := == f'... : ---,' / I \ no- ~>-~ ' m'V" "~~ ~ ~ '" ~ rnmJIIDJ ~ "~~ - ~=~~'\ liI~ ~~ 1~~~ ~ ~2 ~I~tmrl~ ~ ~ : J" \ == "" j~ i - , CANAL L-31 - I---' f---. o b 5? J ~ 51- \--' 0 - <.lY~<;J,~ o -<- ~G ' ~ ~ ('1. ~ ~s ~ ~~ - ..(-.-0v. J 0'" ~ - : I LANE~ (j ~ ~E " 0 o =:5 0 if v I-- 1 ..... COUNTRY \MANORS ROAD I - I--- I :(~ r2 ~ I- ~~~ o~ u ::> ~-r \ c,BIRD I~ ~ - 0 ~ ,\ I:;; If 3 (/) ~ ---.J ~ 0 a::: -n ~ 1>- 'r ~ LANE I~ o LANs.- I~ "0 - 0 ~ I~ c0' .../ '-- 'I L A K E IDA R 0 A 0 \ I I I I I I I I I I I I I I I I I I I 1 ( . \ I I I I N PROPOSED ZONING DISTRICT MAP FOR: - CITY PARK WITHIN BEXLEY PARK CITY OF OURAY BEACH, FI.. PLANNING'" ZONING DEPARTMENT REZONING .FROM PRO (PlANNED RESIOENTAL) AND PC (PLANNED COMMEROAL) TO OSR (OPEN SPACE'" RECREATION) -- DIGITAL BASE MAP SYSTEM -- MAP REF LM854 I COMPREHENSIVE PLAN AMENDMENT 05-2 I CITY OF DELRA Y BEACH, FLORIDA SUPPORT DOCUMENT #2 Valero Gas Station, Watkins Motor Lines & Public Sellf Storage, Inc. FLUM Amendment & Rezoning Staff Report SD#2 --------- ---- PLANNING AND ZONING BOARD CITY OF DELRA Y BEACH ---ST AFF REPORT --- MEETING DATE: July 15, 2004 AGENDA ITEM: IV.D.2.b. ITEM: Future land Use Map desIgnatIon change from County CH-8 (Commercial High with an Underlying High ResIdentIal, 8 du/ac) to CIty TRN (Transitional) and rezoning from County CG/SE (CommerCIal General Special Exception) to City SAD (Special ActIvities District) for WatkIns Truck Termmal and Public Storage Facility; and Future land Use Map designatIon change from County CH-8 (Commercial HIgh with an UnderlYing High Residential, 8 du/ac) to City GC (General Commercial) and rezoning from County CG/SE (Commercial General/SpeCIal Exception) to City General Commercial (GC) for Valero Gas StatIon. The three parcels are contamed in a 9.13 acres site located on the west Side of Military Trail apprOJomately 1,400' south of lake Ida Road. 10 , R 0 , 0 - L . K - GENERAL DATA: > -< Owner/Applicant.. ...... ................. City of Del ray Beach '" Agent............. .............. ............... City of Delray Beach ~ Location...................................... West side of Military Trail z approximately 1400' I I south of Lake Ida Road. 11 - Property Size.............................. 9.13 Acres - Existing County Future Land Use CH-8 (Commercial High Map Designation ........................ with an Underlying High r Ct: Residential, 8 du/ac) CANAL L-32 Proposed City Future Land Use f- Map Designation......................... GC (General Commercial) in part, and TRN (Transitional) in part. Existing County Zoning............... CG/SE (Commercial General Special Exception) Proposed City Zoning................. GC (General Commercial), in part, and SAD (Special Activities District) in part. Adjacent Zoning................North: Palm Beach County Single Family Residential (RS) East: Residential Medium Density (RM) and Planned Office Center (PaC) South: Palm Beach County Agricultural Residential (AR) and City Automotive Commercial (AC) POST f- West: Palm Beach County Agricultural HIG/-fPOlN r - OFFICE LA.KE. ::l Residential (AR) 0- Existing Land Use...................... Truck Terminal, Storage UJ o-f> q,."> Facility, and Gas Station . qj ~<;; t ~, Proposed Land Use.................... Same as existing ~ <r--t: ",i' Water Service.. ........ ......... .......... 12" water main located along Military Trail. Sewer Service.......................--.... Sewer service IS available from a lift station at the north east corner of the site IV.D.2.b i'.i,,':J.l .",..,;. .,J -, .. , ..I.... . . .....':.iTE"M' BEFORE THE BOARD' . "0; . ;~:"... ~,~~" . ...."'"f.~....~9:Ji1i ~ "~ . The action before the Board is that of making a recommendation to the City Commission on Voluntary Annexation, Future Land Use Map Amendments and Rezoning as follows: 0 Parcel 1 - Public Storage Facility: Future Land Use Map designation change from County CH-8 (Commercial High with an Underlying High Residential, 8 du/ac) to City TRN (Transitional) and rezoning from County CG/SE (Commercial General Special Exception) to City SAD (Special Activities District). o Parcel 2 - Watkins Truck Terminal: Future Land Use Map designation change from County CH-8 (Commercial High with an Underlying High Residential, 8 du/ac) to City TRN (Transitional) and rezoning from County CG/SE (Commercial General Special Exception) to City SAD (Special Activities District). 0 Parcel 3 - Valero Gas Station: Future Land Use Map designation change from County CH-8 (Commercial High with an Underlying High Residential, 8 du/ac) to City GC (General Commercial) and rezoning from County CG/SE (Commercial General/Special Exception) to City General Commercial (GC). The three parcels are contained in a 9.13 acres site located on the west side of Military Trail approximately 1,400' south of Lake Ida Road. Pursuant to Land Development Regulations (LOR) Section 2.2.2(E) (6), the Local Planning Agency (Planning & Zoning Board) shall review and make a recommendation to the City Commission with respect to a FLUM amendment and Rezoning of any property within the City. rr~ ""-','- ~ ~.,- I";>~f?fi"~';~rr'[ "-:::;;~7 ,.'"........:.---""""~7>"'?~ ""--..=-"" ~tm~~""~')v-'W""7 ,~~ "-~-"",,,,~ =~,"'~M~", x' ,-" -~ ~ ~ . ',~ ",.' ~'aY" p c ;:t;'},&JI v ~ ' " ,~ L ' . . . c' ~ " .", :2' ~~ ':;: ~ ," ~~~ The subject property is 9.13 acre site which contains three parcels located on the south side of Canal L-32 and to the north of Conklin Drive and front on Military Trail. The property is bound to the south by Tire Kingdom and La Sedona town house development. To the west the property is bound by the Rockland Park Single Family Subdivision located along Conklin Drive; to the north by High Point of Delray West (Condo Development); and to the east (across Military Trail) by High Point of Delray East (Condo Development) and Pylon Professional Center. The subject property contains Valero Gas Station, a Public Self Storage facility and Watkins Truck Terminal. The truck terminal known as Watkins Motor Lines was legally established by Resolution No. 71-299 approved on August 19, 1971 by the Board of County Commissioners which modify the zoning from A-1 (Agricultural District) to C-2 (General Commercial District) to allow a truck terminal facility (Watkins Motor Lines truck terminal) on the northern portion of the property . Valero Gas Station was legally established by Resolution No. 81-1212 approved on September 29, 1981 by the Board of County Commissioners which granted a special exception to allow an auto service station on the southeast portion of the property. The Public Self Storage facility was legally established by Resolution No. 84-1857 approved on December 11, 1984 by Planning and Zoning Board Staff Report: Meeting of 07118105 Valero Gas Station, Watkins Truck Terminal. Public Storage Facility Annexation, FlUM Amendment with Initial Zoning of GC and SAD Page 2 the Board of County Commissioners which granted a special exception to allow an enclosed storage facility on the southwest portion of the property. The access to these parcels is directly from Military Trail. The property is under the jurisdiction of Palm Beach County but is in a designated annexation area for the City of Delray Beach. The City has an Advisory land use designation of TRN (Transitional) on the property that allows the establishment of uses which are compatible with adjacent residential use. The applicants are currently receiving water service from the City and are contiguous to the City limits to the east. This water was provided pursuant to a water service agreement which contains an annexation clause. The execution of that agreement was a consent to voluntary annexation under Florida Statute 171.044(1), when the property is contiguous to the corporate limits of the City and the City Commission deems it to be in the best interests to the City to annex the property. The Future Land Use amendment and rezoning of the subject property will part of Comprehensive Plan Amendment 2005-2 September 2005 to be adopted in September 2005. . '. rFfJTURE .~ND "USE'MAP 'AMENDMENT ANAL YSIS...... '. . II -r-~~yt~ .. . ...- ... . '" -~... Current Land Use Designation: The current land use map designation for the property is County CH-8 (Commercial High with an Underlying High Residential, 8 du/ac). The current City Advisory designation is TRN (Transitional). Reauested land Use Designation: The requested Future Land Use Designation is to City TRN (Transitional) for Watkins Truck Terminal and the Public Self Storage facility and to City GC (General Commercial) for Valero Gas Station. Florida Statues Governing Voluntary Annexations: Pursuant to the Florida Statutes 171.044 (1) "the owner or owners of real property in an unincorporated area of the County, which is contiguous to a municipality and reasonably compact may petition the governing body of said municipality that said property be annexed to the municipality" . The proposed GC land use designation for the Gas Station is not consistent with the advisory designation of Transitional. However, given the long standing use it would appear inappropriate to apply a designation which would make the existing use non-conforming. In the case of the other two uses they are currently allowed in industrial districts. While the proposed zoning will allow the uses to continue, the long term redevelopment of the sites to a use more consistent with the transitional land use and compatible with adjacent residential areas is desired. . land Development Regulations Governing Annexations: Pursuant to the Land Development Regulations 2.4.5 (C) (1) "the owner of land may seek the annexation of contiguous property, under his ownership" pursuant to Florida Statutes. The property owners consented to voluntary annexation via execution of the water service agreement. It is noted that all the parcels are subject to the voluntary annexation. The original agreement was signed by Watkins Truck facility and parcels were later sold off for development as the Self Storage and Gas Station facility. However, as the agreement runs with the land all these parcels are now subject to annexation. Planning and Zoning Board Staff Report: Meeting of 07/18/05 Valero Gas Station, Watkins Truck Terminal. Public Storage Facility Annexation, FLUM Amendment with Initial Zoning of GC and SAD Page 3 Land Use Analysis: Consistency Between the City and County Land Use Designations: The proposed City Advisory Land Use Map Designation for the property is TRN (Transitional). The existing County Future Land Use Map Designation for the property is CH-8 (Commercial High with an Underlying High Residential, 8 du/ac). The City's TRN Land Use Designation is consistent with the County's residential component of the CH-8 designation in that residential developments with a density between five and twelve units per acre are allowed. However, the Transitional land use designation does not allow commercial development other than that of a neighborhood scale. Given the development of adjacent properties with predominantly residential uses it would appear more appropriate to limit redevelopment to those allowed in City zoning districts consistent with a Transitional land use designation (office, medium density residential, or neighborhood residential commercial) rather than heavy commercial uses. Adiacent Land Use Map Desianations, Zonina Desianations and Land Uses: The following zoning designations and uses abut the subject property: I I Zoning Designation I Use I North: Palm Beach County Single Family High Point of Delray West (Condo Residential (RS) Development) Palm Beach County Agricultural Rockland Park Single Family South: Residential (AR) and City Automotive Subdivision (Along Conklin Drive) and Commercial AC Tire Kin dom Residential Medium Density (RM) and High Point of Delray East (Condo East: Planned Office Center (POC) Development) and Pylon Professional Center West: Palm Beach County Agricultural Rockland Park Single Family Residential AR Subdivision Alon Conklin Drive North: North of the subject property, has a Palm Beach County zoning of RS (Residential Single Family). The property is developed and contains multiple family structures. South: To the south, across Conklin Drive, has a Palm Beach County land use designation of LR-3 (Low Residential 3 - du/ac) and a City Land Use designation of MD (Residential Medium Density). The property is zoned County Agricultural Residential (AR). The existing land use is a single family subdivision located along the perimeter of Conklin Drive. Also, to the south (at the intersection of Conklin Drive and Military Trail) the property is zoned County Commercial General Special Exception (CG/SE) and is vacant land. West: The abutting property to the west has a Palm Beach County land use designation of Low Residential 3 - du/ac (LR-3) with a City land use designation of MD (Residential Medium Density). The property is zoned County Agricultural Residential (AR). The existing land use is a single family home and horse farm located on a five acre parcel. Planning and Zoning Board Staff Report: Meeting of 07/18/05 Valero Gas Station, Watkins Truck Terminal. Public Storage Facility Annexation, FLUM Amendment with Initial Zoning of GC and SAD Page 4 East: East of the property (across Military Trail) has a City land use designation of MD (Medium Density Residential) 5-12 du/ac) and is zoned RM (Residential Medium Density). The property to the east is known as High Point of Delray East Condo development. Staff is recommending that although the adjacent development pattern to the west and to the north, and a portion to the south consists of RL (Multifamily Residential Low Density) and AR (Agricultural Residential) a land use change to General Commercial and rezoning of GC (General Commercial) for the southeast portion of the property, and a land use change to Transitional (TRN) and rezoning of SAD (Special Activities District) for the balance of the property can be supported. This rezoning will maintain consistency with the development pattern to the south and will avoid creating non-conforming structures of these previously legally established uses. The Transitional land use and SAD zoning will allow flexibility in future development but will not promote further industrial development upon redevelopment as currently exists on the site. Allowable land Uses: Under the proposed GC (General Commercial) zoning designation gasoline stations are allowed as a conditional use [Ref: LOR Section 4.4.9(0)(9)]. Within the SAD (Special Activities District) zoning designation all uses which are allowed are established at the time of establishment of the SAD zoning through inclusion in the rezoning ordinance. Additional uses may be allowed after review and recommendation by the Planning and Zoning Board and approved (via ordinance) by the City Commission. Therefore, the existing Truck Terminal and Public Self Storage Facilities will become permitted uses with the adoption of the SAD zoning for this site. REQUIRED FIDINGS: lAND DEVELOPMENT REGULATIONS CHAPTER 3 - PERFORMANCE STANDARDS: Pursuant to lOR Section 3.1.1, prior to approval of land Use applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future land Use Map (FlUM), Concurrency, Comprehensive Plan Consistency, and Compliance with the land Development Regulations. o Future land Use Map: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future land Use Map. . Pursuant to Land Development Regulations Section 3.1.1 (A) (Future Land Use Map), all land uses and resulting structures must be allowed in the zoning district within which the land is situated, and said zoning must be consistent with the land use designation as shown on the Future Land Use Map. The proposed General Commercial (GC) zoning district is consistent with the proposed General Commercial (GC) FLUM designation. Under the proposed GC (General Commercial) zoning district gasoline stations are allowed as conditional use to the GC District. The SAD zoning is deemed consistent with any land use designation on the Future Land Use Map and has been established to allow for projects which are not otherwise classified in other zone districts. With the adoption of the SAD (Special Activities District) zoning designation the Planning and Zoning Board Staff Report: Meeting of 07/18/05 Valero Gas Station, Watkins Truck Terminal. Public Storage Facility Annexation, FLUM Amendment with Initial Zoning of GC and SAD Page 5 public self storage facility and truck terminal will become permitted uses at that site. This will allow the current uses to remain conforming yet not encourage future industrial redevelopment. Based on the above, positive findings can be made with respect to FLUM consistency. o Concurrency: Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. The proposal involves amending the FLUM designation from CH-8 to GC for the southeast portion of the property and to TRN for the remaining balance on a 9.3 acres site that contains three parcels. The proposed FLUM Amendment will accommodate existing uses. While impacts will not increase they will shift from County providers to City providers. It is noted the City has provided the site with water service for many years and will continue to do so upon annexation. Concurrency findings with respect to Solid Waste and Sewer are discussed below: Solid Waste: The existing 924 square feet of gasoline station floor area generates 13.63 tons of solid waste per year (924 sq.ft x 29.5.12,000 Ibs. = 27,258 Ibs or 13.63 tons). The existing 49,423 square feet of public storage floor area generates 128.50 tons of solid waste per year (49,423 sq.ft x 5.2.12,000 Ibs. = 256,9991bs or 128.50 tons). The existing 17,980 square feet of truck terminal floor area generates 82.71 tons of solid waste per year (17,980 sq.ft x 9.2.12,000 Ibs. = 165,416 Ibs or 82.71 tons). Total waste generated by the existing uses is 225 tons. This amount of solid waste can be accommodated by existing facilities and thus, will not have a significant impact on this level of service standard. The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals and existing facilities till the year 2024. Sewer: Sewer service is available from a lift station at the northeast corner of the site. Pursuant to the Comprehensive Plan, treatment capacity is available at the South Central County Waste Water Treatment Plant for the City at build-out. o Consistency: The requested designation is consistent with the goals, objectives and policies of the most recently adopted Comprehensive Plan. The following applicable Comprehensive Plan objective and policies are noted: Future Land Use Element Policv A-1. 7: Amendments to the FLUM must be based upon the findings listed below, and must be supported by data and analysis that demonstrate compliance with these findings: Demonstrated Need -- That there is a need for the requested land use. The need must be based upon circumstances such as shifts in demographic trends, changes in the availability of land, changes in the existing character and FLUM designations of the surrounding area, fulfillment of a comprehensive plan objective or policy, annexation into the municipal boundaries, or similar circumstances. The need must be supported by data and analysis verifying the changing demographics or other circumstances. This requirement shall not apply to requests for the FLUM designations of Conservation or Recreation and Open Space; nor shall it apply to FLUM changes associated with annexations when the City's Advisory FLUM designation is being applied, or when the requested designation is of a similar intensity to the Advisory designation. However, the findings described in the remainder of this policy must be addressed with all FLUM amendments. Planning and Zoning Board Staff Report: Meeting of 07/18/05 Valero Gas Station, Watkins Truck Terminal. Public Storage Facility Annexation, FlUM Amendment with Initial Zoning of GC and SAD Page 6 The proposal involves annexation of unincorporated property which requires changing the FLUM designation from County to City. The current County FLUM designation is CH-8 (Commercial High with an Underlying High Residential, 8 du/ac) and the proposed City's designation is GC (General Commercial) for the southeast portion of the property, which provides basic regulations for small parcels that are best suited for general retail use but which are not of sufficient size to be designed in a planned sense. The proposed City's land use designation for the balance of the property is TRN (Transitional). The City's FLUM designation being applied is also the City Advisory designation of TRN. As the designations are either the adopted City Advisory designations (TRN) or are of similar intensity and more appropriate given existing approved development (General Commercial), the data and needs analysis are met. Future Land Use Element Obiective A-1: Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate - in terms of soil, topographic and other applicable physical considerations; is complimentary to adjacent land uses; and fulfills remaining land use needs. The subject property at the time it was established did not have any unique environmental characteristics that would have prohibited development of the site or require mitigation measures. The property was developed in a manner that was complimentary to the adjacent use located to the south (a tire and auto-repair service known as Tire Kingdom) and also to the adjacent residential areas with the provision of a buffer along the west, and south portion of the site. It is noted, that Resolution No. R-81-1212 of the Board of Commissioners of Palm Beach County made the following finding of fact with regards to the gasoline station: 1. The proposal would be in harmony and compatible with the present and future development of the area concerned. It is also noted, that resolution No. R-84-1857 of the Board of Commissioners of Palm Beach County allowed an enclosed storage facility on the property subject to the following conditions: 1. The Property Owner shall convey for the ultimate right-of-way of Military Trail, 60' feet from centerline approximately an additional 10 feet within 90 days of adoption of the resolution by the Board of County Commissioners; conveyance must be accepted by Palm Beach County prior to issuance of first building permit; 2. The developer shall be permitted only one access onto Military Trail within the existing 20 foot ingress/egress easement. 3. Prior to certification by the Site Plan Review Committee, the site plan shall be modified to reflect: . Placement of a required 6' masonry wall along the western and southern property lines so that tree planting may be included between the wall and property line (external to the enclosing wall). Adequate space shall be allowed to permit maintenance of the plantings; Planning and Zoning Board Staff Report: Meeting of 07/18/05 Valero Gas Station, Watkins Truck Terminal. Public Storage Facility Annexation, FLUM Amendment with Initial Zoning of GC and SAD Page 7 . Canopy trees 8' - 12' in height planted 20' on center average, along the southern and western boundaries of the site, placed between the required masonry wall and the property lines; . Canopy trees 10' - 12' in height, planted 30' on center average, along the site's frontage on Military Trail. It is also noted, that resolution No. R-71-299 of the Board of Commissioners of Palm Beach County rezoned the northeast portion of the subject property (Watkins Motor Lines Truck Terminal) from A-1 (Agricultural District) to C-2 (General Commercial District) to allow the Truck Terminal facility on the property. Compatibility -- The requested designation will be compatible with the existing and future land uses of the surrounding area. As described previously, the GC (general Commercial) land use designation will be compatible with adjacent development pattern to the south of the subject property which has a City zoning of AC (Automotive Commercial). However, compatibility with the abutting low density residential properties to the south (Conklin Drive), and to the north and west (High Point of Delray West Condo) is of some concern. With existing commercial developments of this kind, the City requires that trees must be installed every 25' along the south and west property line abutting single family residences. With future modifications to the site these regulations will be applied. This along with other LOR requirements will assure compatibility with surrounding uses. Compliance -- Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. At this time no issues have been identified which would indicate non-compliance with the requirements of the GC and SAD zoning district. Buffering particularly with respect to the adjacent single family areas to the south and west as required by the approved County sites plans and must be maintained. ~ '" ....--~U'h'i "'q 'B3f:"'4~- iI'., ". ~."".,.-- . . p. -;.,,,,, v<~ ~'.'" "iI'" "~. U! ~~1'"' . .?~ lnlnll ~8: I. .;~~ :-... :.. ~ -;:: -:.,,:~,=:... , ,. .....~~~ ~-!~f "~iI'.~ . .t ..v,:\ ...;"'''() J~~ . = I~~_,. .. "'.ir'1 ... 'i... .ltl..~ (I .....1' .'!:..,...._ : .." ~ S" . . I....:.. ."-:'.~ -::.. ......~.. f ~1-:".~.6 Florida Statues Governing Voluntary Annexations: Pursuant to the Florida Statutes 171.044 "the owner or owners of real properties in an unincorporated. area of the County, which is contiguous to a municipality and reasonably compact may petition the governing body of said municipality that said property be annexed to the municipality". Pursuant to F. S. 171.044 (5) "land shall not be annexed through voluntary annexation when such annexation results in the creation of endaves". Pursuant to F.S. 171.031 (13), an "enclave" is (1) any unincorporated improved or developed area that is enclosed within and bounded by a single municipality and a natural or man made obstade that allows the passage of vehicular traffic to that unincorporated area only through the municipality. . The property is contiguous with the City and reasonably compact. These three parcels do not meet the definition of an enclave nor would its annexation create one. Planning and Zoning Board Staff Report: Meeting of 07/18/05 Valero Gas Station, Watkins Truck Terminal. Public Storage Facility Annexation, FLUM Amendment with Initial Zoning of GC and SAD Page 8 land Development Reaulations GoverninQ Annexations: Pursuant to the Land Development Regulations 2.4.5 (C) (1) "the owner of land may seek the annexation of contiguous property, under his ownership" pursuant to Florida Statutes. The original property owner for all three parcels has consented to voluntary annexation. CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN: Deslanated annexation area: The territory to be annexed is located within the designated annexation area (Area F) located on the west side of Military Trail north of Atlantic Avenue. Annexation of the subject territory is consistent with the Future Land Use Element Policy B-3.5, which calls for annexation of eligible properties through voluntary annexations as the opportunities arise. CONCURRENCY: Provision of Services: Future Land Use Element B-3.1 states that when annexation of property occurs, services are to be provided in a manner which is consistent with services provided to other similar properties already in the City. What follows is a discussion of required services and the manner in which they will be provided. Police: The subject property is currently served by the Palm Beach County Sheriff's Office, located at 345 South Congress Avenue, which serves the South County area. The property lies within Sheriff Patrol zone 7. Zone 7 is bordered by EI Clair Road on the west, the Atlantic Ocean on the east, and Boynton Beach on the north and Atlantic Avenue to the south. One officer is assigned to a particular zone during a shift (three shifts per day). The City of Delray Beach's Police Department has 14 cars per shift patrolling a 15 square mile area during the day and 15 cars during the night; and as a consequence, response time is significantly improved upon annexation. Annexation will not require additional manpower since the police currently pass the property during routine patrolling to the north, west and east of the property. Fire and Emeroencv Services: The municipal area is served by Fire Station NO.4 (Barwick Road and Lake Ida Road). With annexation, the property will receive an improved response time from the current 5.5 minutes of the County's Fire Department (Fire Station #42 located on Hagen Ranch Road close to the Turnpike) to 2.5 minutes for the City's Fire Department (Fire Station #4 located at Barwick and Lake Ida Road). Water and Sewer: City services regarding water and sewer have previously been discussed under Future L~md Use Analysis section of this report. Streets: The subject property has direct access to Military Trail which is under the jurisdiction of Palm Beach County. The jurisdictional responsibility immediately adjacent to the property change as both side of the street will be within the City limits. However, associated road maintenance will not change upon annexation. ---------- - Planning and Zoning Board Staff Report: Meeting of 07/18/05 Valero Gas Station, Watkins Truck Terminal. Public Storage Facility Annexation, FLUM Amendment with Initial Zoning of GC and SAD Page 9 Financiaflmpacts: Effect upon Annexed Property: The following table depicts the current assessed value and total (County) taxes for the subject property: I ~ T'; ~ '-T~;: "~jT".::~ r- ~, < :/: ~l- t~ ~~ ~;- ,,-~li'7'~, ~r---::",;7J:,;-.:,-~""'~~;;7rfrfr~~"F);?:J:~v;:".~t~"""~~~T~",q~r;~:';--...F'~Ji-\-~~ ~ ,"~1. .~ 1~..~1".1~~..l- '~':.~ _""-,".IJ~~,,~'l(5.':'~~0J'~!:, ~}~"'..,.'~ ~<~~~4~~~~~~f~~ ~~~,,;~...f ~ ~ b~,.",{.~ ~~df1'''''-''''''- : ~(il ',~~" ~ 'fJb!j:~ :f22'~~;f3;j. b~(f;i;gi > :\_:, ~).,it_:w~.~~f";k!a!~rlI!;~JJ~~U~~~i~~~if4!~r'~b ' : ~...._\~~_k:..\ "~"J"~Y--"~ ~ ~~=.......,= '""~ ' <~~ 424614000001010 $1,304,531,00 $25,445.00 $1,674.00 27,119,00 19 50509 23.7254 $30,950 52 $5,505.52 424614000001140 $2,000,000.00 $39,010.00 $2,594 00 41,604.00 19.50500 23.7254 $47,450.80 $8,440.80 424614000001150 $490,000.00 $9,558 00 $469.00 10,027.00 19.50612 23.7254 $11,625.44 $2,067.44 TOTAL $3,794,531.00 $74,013.00 $4,737.00 $78,750.00 19.50518 23.7254 $90,026.76 $16,013.76 For the 2005 tax year the subject property (three parcels) had a combined assessed value of $3,794,531. With the change from County to City jurisdiction, the following taxes and rates will be affected: ~ l'Jlj ... 'knY'~ - II! ,..... r: ~ . i\XES'~ :'M~LL~G~~ E. Fire/Rescue MSTU 12,138.70 3.198999 DELETE 0.00 0.00 Palm Beach County Lib. 2,050.19 0.540301 DELETE 0.00 0.00 Palm Beach CO.Lib.Debt 153.30 0.040400 DELETE 0.00 0.00 Florida Inland Navegation 146.09 0.038500 146.09 0.038500 Health Care District 4,173.98 1.099999 4,173.98 1.099999 Children Service Council 2,618.99 0.690201 2,618.99 0.690201 Palm Beach Coun 17,075.39 4.500000 17,075.39 4.500000 Palm Beach County Debt 1,015.79 0.267698 1,015.79 0.267698 Public Schools Debt Servo 1,039.70 0.274000 1,039.70 0.274000 Public Schools Loc.Board 9,835.42 2.591999 9,835.42 2.591999 Public Schools State Law 21,120.36 5.566000 21,120.36 5.566000 SFWMD District 2,265.34 0.597001 2,265.34 0.597001 SFWMD Everglades Const. 379.45 0.099999 379.45 0.099999 Ci of Delray Beach 7.466100 Added (City) $28,330.35 7.466100 City of Delray Beach Debt 0.533900 Added (City) $2,025.90 0.533900 --'SUB-TOTAL ,:"::'.$74,013 ;19:505098 Di~t.~~. $90,026.76 23.725398 ....e:U~l' * Total tax millage in the county is 19.505098 mills while in the city the total millage is 23.725398 mills. Therefore the difference is 4.220221 mills. The current yearly ad valorem taxes are $74,013. With annexation the yearly ad valorem taxes will be $90,026.76, (74,013+16013.76=90,026.76); a tax difference of $16,013.76 (3,794,531 x4.220221/1 000=16,013.76). In addition to property taxes, the following Non Ad Valorem fiscal responsibility will apply: Defray Beach Storm Water Utility - This assessment is based upon the percentage of impervious area of the buildings, parking areas, etc. For non-residential units the assessment fee is calculated using the following formula (# sq.ft. of impervious area 68,327/2,502) X $54)/1,000=1,474.68). As the property contains a nonresidential use, this assessment would be imposed in the amount of approximately $1,474.68. A further increase based upon new Planning and Zoning Board Staff Report: Meeting of 07/18/05 Valero Gas Station, Watkins Truck Terminal. Public Storage Facility Annexation, FLUM Amendment with Initial Zoning of GC and SAD Page 10 impervious surfaces will be realized with future development/redevelopment of the site. A 25% discount from the assessment is available since the property is within the lake Worth Drainage District. An additional 25% is also available as drainage is retained on site. Occupational License Fees - The gas station, public storage facility and truck terminal have an occupational license. With the annexation, these facilities must obtain an occupational license from the City, in addition to the County's license. The City license fee is $142. Solid Waste Authority - The Military Trail annexation areas are serviced under a new contract by Waste Management (pursuant to a contract awarded October 1, 2003). City's contract is currently through Waste Management. Pursuant to Florida Statute 171.062 (4) (a) " if a party has an exclusive franchise which is in effect for at least six months prior to the initiation of an annexation, the franchise may continue to provide such services to the annexed area for five years or the remainder of the franchise term whichever is shorter". As the waste provider is currently the same this annexation will have no impact. For non-residential units the assessmen~_ fee for solid waste collection is calculated using the following formula (# sq.ft. of impervious area 68,327*$17.09)/1,000=$1,167.70). Resulting Impacts to Property Owners: AD VALOREM TAXES 2005 + $16,013.76 City Mills. County Mills 23.7254 - 19.50518 = 4.2203 NON AD VALOREM TAXES 2005 Stonnwater Assessment $1,474.68 Solid Waste Collection $1,167.71 WATER & SEWER UTILITY FEES $0.00 ANNUAL FINANCIAL IMPACT: + $18,656.15 Fire Response + Faster response from an estimated 5.5 minutes (Coun ) to 2.5 minutes Ci ). Emergency Medical + Faster response from an estimated 5.5 Services (EMS) minutes (Coun ) to 2.5 minutes (Ci ). Police + Better response based upon more officers in field; 14 patroll cars per shift daytime, 15 patroll cars durin the ni ht. Code Enforcement + Pro-active vs reactive opportunity to work with rope owners. Fiscal Impacts to the City: At the 2004/2005 City operating mileage of 7.4661 mills and debt rate of 0.5339 mills, the property will generate approximately $16,014.06 in new ad valorem taxes per year. Additional revenues will be realized through increased assessment value, the annual collection of the storm water assessment fee as well as utility taxes (9.5% electric, 7% telephone) and franchise fees on electric, telephone, and cable. Planning and Zoning Board Staff Report: Meeting of 07/18/05 Valero Gas Station, Watkins Truck Terminal. Public Storage Facility Annexation, FLUM Amendment with Initial Zoning of GC and SAD Page 11 ~~r_~~ -, -""..,......-, ~~ ~~"' ;;:/",,\~~~-~-\~,-; ,+'t~?c:'Si-c.-J't' ""~-cz::,-..'!j":-c...-"--~"'~.""'~-~""~ ~', "'--'~~"""""^-~""0'~"'-"':" ~~~~",,~~~,,~~k~~~~ AD VALOREM TAXES 2005 City of Oelray Beach (7.4661 Mills) $28,330.35 City of Delray Beach Debt (0.5339 Mills) $2,025.90 SUB-TOTAL $30,356.25 NON-AD VALOREM TAXES Storm Water Utility (# sq.ft. of impervious area/2,502) X $54) $1,474.68 SUB-TOTAL $31,830.93 PARK AND RECREATION IMPACT FEE $500 per dwelling $0.00 TOTAL $31,830.93 ~........ . . . . - .. '.,.,..... ....... ......... ~..~f;.- ,..... , ...... '0; ," .;..... .' ., . . ZONING!AN~r.:VSIS: .:j:,.". ":;, .' . . -I" ~ . iff." . . . . .. ... '. '" '.. .-:.: .' Future Land Use Map Consistency, Concurrency, Comprehensive Plan Consistency and Compliance with the development criteria of the LOR were previously discussed under the "Future Land Use Map Amendment Analysis" section of this report. Compliance with the Land Development Regulations with respect to Standards for Rezoning Actions and Rezoning Findings are discussed below. The proposed City zoning designation is GC (General Commercial) and SAD (Special Activities District) while the current County zoning designation is CG/SE (Commercial General/Special Exception). The surrounding zoning designations are: County AR (Agricultural Residential) to the west; City RM (Residential Medium Density) and POC (Planned Office Center) to the east; County RS (Single Family Residential) to the north and a portion of the south; and County AR (Agricultural Residential) and City AC (Automotive Commercial) to the south. COMPREHENSIVE PLAN POLICIES: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objectives and policies are noted: Policy 8-3.2 - Water and sewer facilities may be provided to unincorporated areas by the City, upon demand, in a manner consistent with Policies of the City. The provision of water facilities shall be accompanied by an agreement to voluntary annex upon eligibility unless the prQperty is already eligible in which case, annexation shall precede the provision of service. This annexation is consistent with this policy as well as the City Commission policy relating to annexation of contiguous properties if City services are required. This request is also consistent with Future Land Use Policy A-1.7 which has been previously discussed. REQUIRED FINDINGS: (Chapter 3) Previously discussed under Land Use section of this report Planning and Zoning Board Staff Report: Meeting of 07/18/05 Valero Gas Station, Watkins Truck Terminal. Public Storage Facility Annexation, FlUM Amendment with Initial Zoning of GC and SAD Page 12 COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: CONSISTENCY: Compliance with the performance standards set forth in LOR Section 3.2.2, along with the required findings in LOR Section 2.4.5(0) (5), shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. Comprehensive Plan Policies: Consistency with the Comprehensive Plan was previously discussed under the Future Land Use Map Amendment and Zoning analysis sections of this report. Section 3.2.2 (Standards for RezoninQ Actions): Standard "A", "B", "C", and "E" are not applicable with respect to this rezoning request. The only applicable performance standard of Section 3.2.2 is as follows: D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land use both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. The initial GC and SAD zoning designations will allow the existing facilities to continue to operate. It is noted, that south of the subject property has a City Land Use Designation of CG (Commercial General) and is zoned AC (Automotive Commercial). The property is developed and contains a tire store and automobile repair facility (Tire Kingdom) which is consistent with the type uses of the subject property (Public Self Storage facility, Watkins Truck Terminal, and Valero Gas Station). Staff is recommending that although the adjacent development pattern to the west, and south of the subject property consists of AR (Agricultural Residential) and RS (residential Single Family) to the north a rezoning of GC (General Commercial) and SAD (Special Activities District) are appropriate. This rezoning will maintain consistency with the development pattern south of the subject property and will avoid creating non- conforming uses that have been in operation since December 11, 1984 (Public Storage facility), August 19, 1971 (Watkins Motor Lines - Truck Terminal), and September 29, 1981 (Valero Gas Station). Section 2.4.5 (D) (5) (Rezoning Findings): Pursuant to Section 2.4.5 (D) (5), Pursuant to LOR Section 2.4.5(0) (5), in addition to provisions of Chapter Three, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: (a) That the zoning had previously been changed, or was originally established, in error; (b) That there has been a change in circumstances which make the current zoning inappropriate; or ---- Planning and Zoning Board Staff Report: Meeting of 07/18/05 Valero Gas Station, Watkins Truck Terminal. Public Storage Facility Annexation, FLUM Amendment with Initial Zoning of GC and SAD Page 13 (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 is applying for annexation of this property into the City and the annexation requires that an appropriate City zoning designations be applied. The GC (General Commercial) and SAD (Special Activities District) zoning are appropriate as they are consistent with the County CG/SE (Commercial General/Special Exception). IC~:.'~~~ . . .~~::;. 10 -: . REVIE.W"BV.PTHERS' ,.-', ;.- ; ~ . . '" .:~ I . . .. 'I ". ... The subject properties are not in an area that requires review by the Community Redevelopment Agency (CRA) or Downtown Development Authority (DDA). Palm Beach County Notice: On June 29, 2005 the Palm Beach County Planning Division was notified of the City's intent to annex this property. To date no reply has been received. Lake Worth DrainaQe District: On June 29, 2005 lake Worth Drainage District was notified of the City's intent to annex this property . IPARC Notice: On June 28, 2005, notice of the Future land Use Amendment has also been provided to the Interlocal Plan Amendment Review Committee (IPARC) which distributes the information to adjacent municipalities. No objections have been received. Courtesy Notices: Special courtesy notices were provided to the following homeowners and civic associations: o Jerry Franciosa, PROD (Progressive Residents of Delray) o Carolyn Zimmerman, Presidents Council o Frances Chassen Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Additional letters of support or objection, if any, will be presented at the Planning and Zoning Board meeting. ~:"'1 "!',t.~~~~- ~~~'~~'"5SE'5iiE'NT:XNij~C'59fjt:iJSnjN'J:'"'' '.:'j',- );~l~i~' .,.;" ;. '~-.;Ji'9i;.\;.ft ....~... ;.-..'. ...~~.,.:.r . .. . .t.: . ..' . .~.to.' '.~'f J:;-. ".. ~ ,,- 'L~. "-:-''''C'",:''It't Accommodating the annexation of this property is consistent with the City's program for annexation of territory within its planning and service area. The application of initial zoning designations of GC and SAD are consistent with existing land uses and the existing County zoning (CG/SE) for this property. Planning and Zoning Board Staff Report: Meeting of 07118105 Valero Gas Station, Watkins Truck Terminal. Public Storage Facility Annexation, FLUM Amendment with Initial Zoning of GC and SAD Page 14 The annexation will provide with better Police, Fire, EMS and Code Enforcement services. The property will experience a slight increase in ad valorem taxes. The City will receive additional revenue from property taxes, in addition to storm water assessment fees, utility taxes, franchise fees, and licensing fees. The total immediate revenue increase is approximately $31,830.93, a year. Based upon the above, the proposed Annexation, Future Land Use Map Amendment and associated Rezoning application should be approved. J(.~.' :f ,.' :~':}1:..;'~~~~~ ' . . "~AlTERNATiYE'4A"CtJ.P;.rS:' j~.<.,:.~.;.... .~'..,......~. 'f:~.'~:'. I ~. .:..~: '.~:':.&(' . '5~ , .:'.'f. . .. . . . ... ".... . "..- p , - . ~..' . ""'. A. Continue with direction. B. Move a recommendation of approval to the City Commission for the voluntary annexation, FLUM Amendment from County CH-8 to General Commercial (GC) in part and Transitional (TRN) in part, and the initial zoning designation of General Commercial (GC) in part and Special Activities District (SAD) in part, for the subject property, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in Sections 2.4.5(D} (5), 3.1.1 and 3.2.2 of the Land Development Regulations. C. Move a recommendation of denial to the City Commission for the voluntary annexation, FLUM Amendment from CH-8 to General Commercial (GC) in part and Transitional (TRN) in part, and the initial zoning designation of General Commercial (GC) in part and Special Activities District (SAD) in part, for the subject property, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is not consistent with the Comprehensive Plan nor meets the criteria set forth in Sections 2.4.5(0) (5), 3.1.1 and 3.2.2 of the Land Development Regulations, subject to the following condition: .~., ..........,..., '.. ,.'... N1""~.Q:' ~~~'"'N''''''' '. ,.."",..', ,... 'J'''''l''''''~'' . :. .~:~... 4- .~.c,:.., t~'),:~~.~. ~"'4 .... ..... .. '~J~~l'~}i ';\,'~1.',::: ....:.... ~....1.1I.. .:/ :~....~'l.... .:..~~\t:.,.. .,...." ...:~.,.},., ,1-~''''.1 .,.RE.cPI,VI.,.~~ .. .~g. n~.,.;;...." :lL..,.:fi..~~~f'.It.t'I~. ~...::,"~~~..:f~ Move a recommendation of approval to the City Commission for the voluntary annexation, FLUM Amendment of: o Parcel 1 - Public Storage Facility: FLUM amendment from County CH-8 (Commercial High with an Underlying High Residential, 8 du/ac) to City TRN (Transitional) and rezoning from County CG/SE (Commercial General Special Exception) to City SAD (Special Activities District). o Parcel 2 - Watkins Truck Terminal: FLUM amendment from County CH-8 (Commercial High with an Underlying High Residential, 8 du/ac) to City TRN (Transitional) and rezoning from County CG/SE (Commercial General Special Exception) to City SAD (Special Activities District). o Parcel 3 - Valero Gas Station: FLUM amendment from County CH-8 (Commercial High with an Underlying High Residential, 8 du/ac) to City GC (General Commercial) and rezoning from County CG/SE (Commercial General/Special Exception) to City General Commercial (GC). Planning and Zoning Board Staff Report: Meeting of 07/18/05 Valero Gas Station, Watkins Truck Terminal. Public Storage Facility Annexation, FlUM Amendment with Initial Zoning of GC and SAD Page 15 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 does meet the criteria set forth in Sections 2.4.5(D} (5), 3.1.1 and 3.2.2 of the Land Development Regulations. Attachments: LocatIon Map Staff Reporl Prepared by: Estelio Breto, Senior Planner . :/ I FI I ~I a.--')! 1 T 1 I ~ \ I I I 0 ~l-- \ 0 FERNDALE w DRIVE -.1, ~ I I (/] I ~&_~/ N.W 6TH 0:: ~-l :ri I I z ~ <(I ) (/] N E 5 TIN G ~ > WAY 0::: z ~ -----\ ( kI- I- / N.W 5TH CT. ' / ~ . / 7 II I J-. /if ~ I' I J / U - 1 ~ . = Nw. <- / )-,~~~ I j2J ~ I I 0::: ~ - \ CANAL L-32 <( I :.[JJ ~ \ f?= I i N IN 3RD DR. 2f11 I I (yW 3RD CT. ~ I + + + + + V1CEJ.W+ I ~!I " ,-...- ~ I I I .- w ii,,_.._, -, -, _ ,- III > r- oC )> CONKLIN D~I\7t".".o,.".'.' ' - ^ I--- fTI , J._, " L" " ,-,_..1 ._,,_,1,_.L ,. I! N W. 3RD 5T "-, - .0, R 'H' f!. o ~' I~I'I"" "_".".'i.. . "." ~ - OC I I I r Till '0 f------ ~ I '" t-- Z 0-0 DC f--O '---- ~ '---- <( II I I I III II EXTRA CLOSET .J ~ f-- STORAGE '---- 3: ~ z ..-. ,_,,_,,_, U . A IRoo LF.: . "-"-..-.. 'III ~ "-,,..,., , , " , , " , " ".".".".".JI' :r:: '- ~ O'lvr I- POST ROSEAIRE I ~~AkE o\l,\\It. OFFICE RETREA T :::> v--- t 0 (/) ~l -11-11 I-II ~l-P-I BOYS ~" , , , 0"",-,_ ...... Iii FARMERS f--- ~~~ ~ 3:: . MARKET - lu /1/7 ,\ 5: -0 f--- ~ VII I Ji - ;3- f- a:: r- \. SHOPPES - f-- ~ .. I ~ 1-- / OF - w DELRA Y - ~f-- J'-- ~ VAlERO GAS STATION MAP REF: 1..M853 N fLUM FROM CH-8 (COMI.IERClAl HIGH Willi AN UNOERD1NG HIGH RESlDENllAL) TO CITY GC (GENERAL COMMERCIAL) - REZONING- FROI.4 CGlSE (COMMERCIAL GENERAl SPECIAL EXEPl1ON) TO GC (GENERAL COMMERCIAL) CITY or OELRAY BEACH. fL ~ WATKINS MOTORE LINES AND PUBLIC SELF STORAGE FACILITY PLANNING'" ZONING DEPARTMENT fLUM FROM CH-8 (COMMERCIAl HIGH WITH AN UNDERL YlNG HIGH RESIDENllAL) TO CITY TRN (TRANSITIONAL) - - DIGITAL BASE MAP SYSTEM -- REZONING FROM CGlSE (COMMERCIAL GENERAl SPECIAL EXCEPTION) TO SAD (SPECIAL ACTIVITIES DISTRICT) I COMPREHENSIVE PLAN AMENDMENT 05-2 I CITY OF DELRA Y BEACH, FLORIDA SUPPORT DOCUMENT #3 Lintco & Lee Burke Property FLUM Amendment and Rezoning Staff Report - SD#3 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: July 18, 2005 AGENDA ITEM: IV.D.(2)(c) and I.V.D(2)(d) ITEM: Future land Use Map amendment from RDA-3 (Redevelopment Area #3) to MD (Residential Medium Density 5-12 dufac) and rezoning from R-1-A (Single Family Residential) to RM (Medium Density Residential) for the lee property and Untco multi-family site, located at the northwest corner of Linton Boulevard and SW 4th Avenue. (Quasi-Judicial Hearing) GENERAL DATA: Owner...................................... Burke lee and Untco Applicant..................................... lee Property: City-initiated Lintco Property: Privately- initiated location...................................... Northwest corner of Linton Boulevard and SW 4th Avenue ~ '" v,~ Property Size.............................. 0.5 acre (lee Property) V> OUTHRIDGE !i! '" 7.05 acres (Lintco Property) CONDO c;: Existing Future land Use Map.. RDA-3 (Redevelopment Area #3) LINTON Proposed F.L.U.M.................... MD (Residential Medium Density, '$! I < I 5-12 dufac) V> 1 cos rco Existing Zoning........................... R-1-A (Single Family Residential) LA VER S ~ I :5 l Proposed Zoning..................... RM (Medium Density Residential) Adjacent Zoning................North: RM & R-1-A East: POD (Professional Office District) APARTMENTS i & MIC (Mixed Industrial and I <>~ I , Commercial) South: PC (Planned Commercial) West: CF (Community Facilities) & R-1- A Existing land Use...:.................. Vacant and Single Family Residence Proposed Land Use.................... Future land Use Map Amendment and Rezoning to accommodate a proposed multiple family development that I will contain workforce housing. I , Water Service............................. nfa I, \ i Sewer Service............................. nfa I ;, \ CLUB IV. D. (2){c) and IV.D.(2)(d) I . ... 't.-......... - I' ..f'. II. .... ;"":.-----::.':'------:--.---- ---... ----;--- --- ------ . ----:--...-. ;---. - .-- '1 . . ITEM BEFORE THE BOARD The action before the Board is that of making a recommendation to the City Commission on the following Future Land Use Map Amendments from RDA-3 (Redevelopment Area #3) to MD (Medium Density Residential 5-12 du/ac) and Rezoning from R-1-A (Single Family Residential) to RM (Medium Density Residential) for properties generally located at the north west corner of Linton Boulevard and SW 4th Avenue: The Future Land Use Map Amendments involve thirteen (13) parcels totaling 7.55 acres (See attached Map): o Area A - Lintco Property: A privately-initiated request involving thirteen (12) parcels containing a total of 7.05 acres. o Area B - Burke Lee Property: A City-initiated request involving a 0.5 acre parcel. Pursuant to Section 2.2.2(E) of the Land Development Regulations, the Planning and Zoning Board shall review and make a recommendation to the City Commission with respect to FLUM Amendments or Rezoning of any property within the City. r-'-:-; .'.~~\\;' ..,-,:; .----.-r - . . -;.:;--. --. - ___I . _.__ ---... . -- . -- _ _____n .-. .. ..--.- -, BACKGROOND The proposal involves 13 parcels, which are located within the Southridge/S.W. 4th Avenue Redevelopment Area. These lots are unplatted and undeveloped, except for an existing single family house (0.5 acre parcel) next to the Fire Station. The vacant parcel consists of 12 acres under one ownership (7.05 acres) and the existing single family residence next to the fire station is under separate ownership (0.5 acres). On January 9, 1978, the Burke Lee Property containing the single family residence was annexed into the City with the R-1-A zoning designation. The Lintco property was annexed into the City on October 11, 1998 as part of the Enclave Act (Enclave #34) with the R-1-A (Single Family Residential zoning designation. With the adoption of the Southridge/S.W. 4th Avenue Redevelopment plan on June 13, 1999, the Redevelopment Area #3 Future Land Use Map designation and R-1-A (Single Family Residential) zoning designation were retained as a "holding" zone until a specific development proposal is submitted. A development proposal has been submitted to construct a multiple family development that will contain workforce housing on the Lintco properties. Rather than leave the remaining 0.5 acre lot R-1-A it is appropriate to rezone the parcel with the privately-initiated proposal. . ~"'~:'!':"~::r~r' .":....:.F~U T\jR~E~[.A'i.fB"1ltS'E -::Ni'~'P.;:'A M-E:ND NfE NT 'AN A-L'ls 1'5 ."'-' ..~..' "'.' . This Future Land Use Map Amendment is being processed pursuant to the twice a year statutory limits for consideration of plan amendments (F.S. 163.3187) as part of the City's Comprehensive Plan Amendment 2005-02. REQUIRED FINDINGS: LOR (CHAPTER 3) PERFORMANCE STANDARDS: Pursuant to Section 3.1.1 (Required Findings), prior to approval of Land Use applications, certain findings must be made in a form which is part of the official record. This may be - ------ Planning and Zoning Board Staff report Lintco & Burke Lee Properties - FLUM Amendment and Rezoning to RM (South ridge Redevelopment Area) Page 2 achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. Future Land Use Map: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. With the adoption of the Southridge/S.W. 4th Avenue Redevelopment plan on June 13, 1999, the Redevelopment Area #3 Future land Use Map designation and R-1-A (Single Family Residential) zoning designation were retained as a "holding" zone until a specific development proposal is submitted. A development proposal has been submitted to construct a multiple family development that will contain workforce housing. The proposed FlUM amendment will assign a Future land Use Map designation of MD (Medium Density Residential 5-12 du/acre) and the proposed zoning is RM (Medium Density Residential). The proposed zoning designation of RM (Medium Density Residential) is consistent with the proposed MD Future land Use Map designation. Based upon the above, a positive finding with respect to Future land Use Map consistency can be made. The Southridge/S.W. 4th Avenue Redevelopment Plan identifies development scenarios and criteria for development to occur within the area. These aspects of the Plan are discussed below. The remaining required findings of lDR Section 3.1.1, Concurrency, Comprehensive Plan Consistency and Compliance with the Land Development Regulations are discussed below. Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map (FLUM) must be based upon the findings listed below, and must be supported by data and analysis that demonstrate compliance with these findings: 0 Demonstrated Need - That there is a need for the requested land use. The need must be based upon circumstances such as shifts in demographic trends, changes in the availability of land, changes in the existing character and FLUM designations of the surrounding area, fulfillment of a comprehensive plan objective or policy, annexation into the municipal boundaries, or similar circumstances. The need must be supported by data and analysis verifying the changing demographics or other circumstances. This requirement shall not apply to requests for the FLUM designations of Conservation or Recreation and Open Space; nor shall it apply to FLUM changes associated with annexations when the City's advisory FLUM designation is being applied, or when the requested designation is of a similar intensity to the advisory designation. However, the findings described in the remainder of this policy must be addressed with all FLUM amendments. Future Land Use Element Policv C-2.5 The fol/owing pertains to the area on both sides of S. W. 4th Avenue, north of Linton Boulevard. This area involves warehouses, heavy industrial use, sporadic residential uses, and vacant land. The vacant land was platted as a part of the Woods of Southridge Subdivision. The Southridge/SW 4th Avenue Redevelopment Plan was adopted by City Commission on June 15, 1999. The plan establishes Future Land Use Map designations for the majority of the Redevelopment Area. Future development must be in accordance with the provisions of the Redevelopment Plan. Several parcels along Linton Boulevard are to retain their existing Planning and Zoning Board Staff report lintco & Burke Lee Properties - FLUM Amendment and Rezoning to RM (South ridge Redevelopment Area) Page 3 Redevelopment Area #3 Future Land Use designation and R-1 A zoning designation until such time that a development proposal that is consistent with the parameters outlined within the Redevelopment Plan is processed. To the greatest extent possible, these parcels are to be aggregated to accommodate a unified development. The redevelopment plan presented five (5) development scenarios for the vacant properties at the northwest comer of S. W. 4th Avenue and Linton Boulevard. Each of the potential scenarios has certain benefits and certain drawbacks. The provision of residential development at this comer was identified in Scenario 3, which stated the following: ". . .there already exists a mix of existing residential uses in the general area, and economic activities that will provide more jobs should be encouraged. Many of the multifamily developments in the area, particularly those along Linton, have deteriorated. Given the surrounding industrial and commercial uses and the intensity of traffic in the area, residential development on this property is not encouraged. " With adoption of the Plan, application of a specific Future Land Use Map designation was not pursued without a specific proposal in mind, as it could have eliminated a potentially positive development of the property. The only Future Land Use Map change to be processed at that time was for the office building at the northwest corner of Linton Boulevard and S.W. 4th Avenue, which was given the Transitional FLUM designation with POD (Professional and Office District) zoning. The adopted Redevelopment Plan recommended the following scenario (Scenario 5), which established the following parameters for the consideration of any future development proposals for this area: . To the greatest extent possible, the properties are to be aggregated for a unified development. . Residential development, unless part of a comprehensive mixed use project or an assisted living type facilfty, is not to be considered. . Uses identified wfthin Scenarios 1 and 4 are encouraged. . Commercial uses may be appropriate if it can be demonstrated that the traffic can be accommodated on the roadway network, and that impacts on the adjacent residential uses will be minimal. A mix of uses, including retail, office and second story residential, and entertainment is encouraged. Gasoline stations, fast food restaurants, flea marketlbazaar/merchandise marts, and auto repair and maintenance type facilities shall not be considered. . The style of development shall be of a distinctive architectural character that enhances the area and encourages new investment and redevelopment. . Adjacent residential areas are to be separated from the development by a wall and substantial landscape buffer. Since the adoption of the Redevelopment Plan in 1999, the City and South Florida has experienced a tremendous increase in the price of housing, which has significantly impacted housing attainable to very low, low and moderate income households. Escalating land costs and rapidly diminishing amounts of land available have hindered the provision of sufficient workforce dwelling units by the private sector. According to the Florida Association of Realtors, Inc., the median price of existing homes in Palm Beach County in March 2005 was $371,500, a 37% increase over the March 2004 median of $272,100 (UPalm Beach County Median Home Resale Soars Past $370,000" p. 1-A, April 26, 2005 Palm Beach Post article by Stephen Pounds). According to a May 2005 Sun-Sentinel newspaper article, rents in South Florida began climbing in 2004, and are expected to continue to increase. According to real estate analysts, occupancy rates are averaging 95%, and as a result, rents have climbed. Another factor affecting rents is Planning and Zoning Board Staff report Lintco & Burke Lee Properties - FLUM Amendment and Rezoning to RM (Southridge Redevelopment Area) Page 4 the condo conversion boom, with more rental complexes being taken out of the marketplace than being built. ("For S. Florida tenants, rental picture turns bleak: Demand for units rises as home costs continue to surge" May 15, 2005 Sun-Sentinel article by Robin Benedick). Due to the escalating cost of housing, many renters have been unable to purchase a home. Thus, there is a shortage of housing affordable to the everyday working families and citizens. The need to provide workforce housing is critical to maintaining a diversified and sustainable City having the character and sense of a community where people can live and work in the same area. In order to address this public need, on December 6, 2004, the City adopted a FamilylWorkforce Housing ordinance, which established a Density Bonus Program based upon the number of units that are made available to very low, low and moderate income households. The FamilylWorkforce Housing Ordinance is in the process of being amended to add more overlay districts that can accommodate workforce housing. With the City's annual Comprehensive Plan Amendment 2005-2, the Medium Density land use designation description is being modified to include the following statement: i~reas with this desianation, located within a workforce housinq overla v district. may also exceed 12 units per acre UP to a maximum of 18 units per acre bv obtainina density bonuses throuah the provision of workforce housina units." Based upon the above, an opportunity exists to develop the property in a manner that will provide workforce housing. Development of the property for residential purposes will not have as significant an impact on traffic concurrency as office or commercial development. The Redevelopment Area has experienced some stabilization since adoption of the Plan through the construction of infill housing in the single family subdivisions to the north and associated infrastructure improvements. The multi-family developments that have deteriorated along Linton Boulevard, are primarily rental properties, which have not been well maintained and are not properly managed. Per the Comprehensive Plan, infill housing for low to moderate income families is encouraged with the redevelopment of this area. It is noted the Redevelopment Plan will be amended to modify the development scenarios for these parcels to encourage/require the provision of workforce housing for all residential development. 0 Consistency - The requested designation is consistent with the goals, objectives and policies of the most recently adopted Comprehensive Plan. The following applicable Comprehensive Plan objective and policies are noted: Future Land Use Element Objective A-1: Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate in terms of soil, topographic and other applicable physical considerations; is complimentary to adjacent land uses; and fulfills remaining land use needs. The subject properties are primarily vacant with a single family home at the southwest corner, adjacent to Fire Station #3. Development of the properties can occur in a manner to comply with this Policy. This Policy will be further addressed with a development proposal (site plan and/or conditional use for the property. The property to the east (across S.W. 4th Avenue) is industrial and contains a self storage facility; to the south, across Linton Boulevard, is commercial, to the west, is a Fire Station and R-1-A (Single Family Residential) zoned property; and to the north, is Linton Ridge condominium, which is zoned RM (Medium Density Residential). The development will be complimentary to the adjacent land uses. The Redevelopment Plan provides the following directives with regard to development of these properties: Planning and Zoning Board Staff report Lintco & Burke lee Properties - FlUM Amendment and Rezoning to RM (Southridge Redevelopment Area) Page 5 . The style of development shall be of a distinctive architectural character that enhances the area and encourages new investment and redevelopment. . Adjacent residential areas are to be separated from the development by a wall and substantial landscape buffer. Housina Element Policv A-12.3: In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. As discussed below with the Concurrency analysis, the proposed new development will result in a decrease of potential traffic generated by commercial, office and/or recreational development scenarios identified in the Redevelopment Plan. Given the existing traffic and potential traffic flow on Linton Boulevard. The Plan recommends that any new development take access from both Linton Boulevard and S.W. 4th Avenue where possible. With a specific development proposal, a traffic study will be submitted, which must comply with Palm Beach County Traffic Performance Standards Ordinance. The style of development shall be of a distinctive architectural character that enhances the area and encourages new investment and redevelopment. The Plan also calls for adjacent residential areas to be separated from the development on the subject properties by a wall and substantial landscape buffer. Development of the property can occur in a manner that will enhance the stability of the area. With a conditional use and/or site plan request this policy will be revisited. a Concurrency -- Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. The proposal involves amending the FLUM designation from RDA #3 to MD on parcels, which total approximately 7.55 acres. The proposed FLUM Amendment will result in an increased impact on adopted concurrency standards. Concurrency findings with respect to Parks and Recreation, Schools, Solid Waste, Traffic and Water and Sewer are discussed below: Water and Sewer: A 20" water main is located within S.W. 4th Avenue along with fire hydrants. Along Linton Boulevard, installation of a water main may be required along with fire hydrants spaced as required. With respect to sewer, Lift Station 26C is located adjacent to S.W. 4th Avenue at the northeast corner of the office building site and connects to a 6" force main within S.W. 4th Avenue. With any development of these parcels, installation of water and sewer mains, fire hydrants: and drainage improvements must be accommodated. The location of these improvements will depend upon site design layout of any proposed development(s). The proposed FLUM Amendment to MD will increase the demand on these public services; however, adequate capacity exists to accommodate the proposal. Pursuant to the Comprehensive Plan adequate water and sewer treatment capacity exists to meet the adopted level of service standards at the City's build-out. Thus, a positive finding with respect to this level of service standard can be made. Traffic: Linton Boulevard is classified as a County minor arterial road from the west City limits to Federal Highway. Linton Boulevard currently operates at Level of Service "0" from South Federal Highway to S.W. 10th Avenue. S.W. 4th Avenue is classified as a two-lane City collector. Regardless of the development scenario selected for this area (residential. office, mixed use), Planning and Zoning Board Staff report lInteo & Burke lee Properties - FlUM Amendment and Rezoning to RM (Southridge Redevelopment Area) Page 6 internal traffic circulation will need to be provided for any development. Per the Redevelopment Plan, given the existing traffic and potential traffic flow on Linton Boulevard, it is recommended that any new development take access from both Linton Boulevard and S.W. 4th Avenue where possible. The applicant has submitted a traffic study based upon the maximum potential density permitted by the proposed MD FLUM designation, based on the proposed text amendment to allow 18 dulac to accommodate workforce housing. The current FLUM designation of RDA-3 with R-1-A (Single Family Residential) zoning, which allows a maximum of 5 du/ac. Under the existing FLUM designation and zoning, the 7.55 acre site could accommodate 37 units generating 370 average daily trips, while the proposed MD could accommodate 135 units, which will generate 945 average daily trips. This results in a trip generation potential of 545 average daily trips. It is also noted that the development scenarios recommended in the Redevelopment Plan consisting of office, mixed-use (retail, office and residential), and recreational facilities (public or private), would generate a greater number of average daily trips than a residential development with the proposed densities. A copy of the submitted traffic analysis has been transmitted to the Palm Beach County Traffic Division for review. The proposed Medium Density FLUM designation will allow a range from 6 to 18 du/ac. With a specific development proposal, a traffic study will be submitted. The maximum development potential will be based on the ability to comply with the Palm Beach County Traffic Performance Standards Ordinance. Based upon the above condition of approval being addressed, a positive finding with respect to traffic concurrency can be made at this time. Drainaae: Any development of the site will be required to retain drainage on-site in compliance with South Florida Water Management District (SFWMD) requirements. There are no problems anticipated complying with SFWMD requirements. Parks and Recreation: The Open Space and Recreation Element of the Comprehensive Plan indicates in its conclusion that "The City will have sufficient recreation facilities at build-out to meet the adopted standards". A park impact fee is collected to offset any impacts that individual projects may have on the City's recreational facilities. Pursuant to Land Development Regulations (LOR) Section 5.3.2, a park impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building permit for each residential unit. Based upon the proposed FLUM Amendment and Rezoning, the maximum allowable density (18 du/ac) would allow 135 dwelling units, thus requiring a park impact fee of $67,500.00. Schools: A School Concurrency Application has been transmitted to the School District of Palm Beach County for their consideration. The Palm Beach County School District must approve the development proposal for compliance with the adopted Level of Service for School Concurrency. Verification ffOm the Palm Beach County School District is pending; however no problems are anticipated meeting this levelof service standard. Solid Waste: The subject properties are primarily vacant, except for a single family residence, and therefore currently have no impact on this level of service standard. The single family residence currently generates 1.99. tons per year. Assuming the proposed maximum density (18 du/ac), the subject properties will generate 268.65 tons of solid waste per year (135 units X 1.99 tone per year). The increase can be accommodated by existing facilities and thus, will not have a significant impact on this level of service standard. The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals till the year 2021, thus a positive finding with respect to this level of service standard can be made. Thus, positive findings can be made at this time with regard to concurrency for all services and facilities. Planning and Zoning Board Staff report Lintco & Burke Lee Properties - FLUM Amendment and Rezoning to RM (Southridge Redevelopment Area) Page 7 0 Compatibility -- The requested designation will be compatible with the existing and future land uses of the surrounding area. The parcels in question abut a condominium development to the north (Linton Ridge Condos), and a portion of a single family subdivision to the west (Woods of Southridge. As previously discussed, the property can be developed to be compatible with and complimentary to the adjacent neighborhoods. There are directives in place to ensure that any development of the property will be compatible. Also, there are development regulations to ensure development will occur in manner that will be the same. Based upon the above, the proposed FLUM and zoning designations are compatible with the existing and future land uses of the surrounding area, and a positive finding with respect to compatibility can be made. o Compliance -- Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. All future development within the requested designation shall comply with the provisions and requirements of the Land Development Regulations. Compliance with the Land Development Regulations will be further addressed with review of a conditional use or site plan request as applicable. r ~ ~~~ , "~7- (~l4P.~~~Sl ,. f&',~ ~.... iN' ;:Z;:"lIZ."A):jfi:~'" rs;":!-:'~~:i'nr';'~ ~-' ~~-,~~+, ", ". ...,....:;. ."#_I......-~.~..:~.. .....~~ZO. IN~~'~..:O 5" ~I="... : ..:;"f :.-:11:.... .;,~.~.....)...~~.;.:,.J"..,....Ch.'.:.::.; REQUIRED FINDINGS (Chapter 3): Pursuant to Section 3.1.1 (Required Findings), prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. Future Land Use Map, Concurrency and Comprehensive Plan Consistency were previously discussed under the "Future Land Use Map Amendment Analysis" section of this report. Compliance with the Land Development Regulations with respect to Standards for Rezoning Actions and Rezoning Findings are discussed below. CONSISTENCY: Compliance with the performance standards set forth in LOR Section 3.2.2, along with the required findings in LOR Section 2.4.5(0) (5), shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. LOR Section 3.2.2: Standards A, a, C and E are not applicable. The applicable performance standard of LOR Section 3.2.2 is as follows: (D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land use both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. Planning and Zoning Board Staff report Llntco & Burke Lee Properties - FLUM Amendment and Rezoning to RM (Southridge Redevelopment Area) Page 8 Direction ZoninQ Uses North RM Linton Ridge condominiums West CF and R-1-A Fire Station #3 and Woods of Southridge single family subdivision South PC and POD Global Imports and an office building East MIC Security Self Storage Facility The proposed FLUM amendment and rezoning are compatible with the adjacent land uses and consistent with the development pattern within the Redevelopment Area. As discussed under Future Land Use Element Policy A-1.7, the proposed FLUM and zoning designations are compatible with the existing and future land uses of the surrounding area, and a positive finding with respect to compatibility can be made. LOR Section 2.4.5(0) (5) (Rezoninq FindinQs): Pursuant to LOR Section 2.4.5(0) (5), in addition to provisions of Chapter Three, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: (a) That the zoning had previously been changed, or was originally established, in error; (b) That there has been a change in circumstances which make the current zoning inappropriate; or (c) That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site andlor neighborhood. The following is the applicant's justification statement: "The subject site is zoned R-1-A (Single Family Residential). The property is located on a major thoroughfare (Linton Boulevard) and is 7 acres; which does not allow for proper development of a single family development. It is also adjacent to a fire station and an office building. The development along Linton and the increase in traffic has made the current zoning inappropriate. Multi-family residential including workforce housing is more appropriate for the property based upon circumstances particular to the site." The appropriate 'reasons for the proposed rezoning are lOb" and "c". With the adoption of the Southridge/S.W. 4th Avenue Redevelopment plan on June 13, 1999, the Redevelopment Area #3 Future Land Use Map designation and R-1-A (Single Family Residential) zoning designation were retained as a "holding" zone until a specific development proposal is submitted. A development proposal has been submitted to construct a multiple family development that will contain workforce housing. Thus, circumstances have changed that make the current zoning inappropriate. Further, the RM zoning designation is similar in intensity as proposed under the requested MD FLUM designation and is more appropriate for the site based on circumstances which relate to the community's need for workforce housing. The RM designation will encourage a development scenario that will not have substantial traffic impacts and will be complimentary to the neighborhoods to the north and west. Planning and Zoning Board Staff report lintco & Burke Lee Properties - FLUM Amendment and Rezoning to RM (Southridge Redevelopment Area) Page 9 "r~ " - < . "'";,. '" i-"'-"-"'1-~ ~ 1 ~ . ~ - ...,~-,,~~~"l7~-r- -n-'-' "'~~"'-'~~"'~'"7<'. -""".-~~ ~."..~...; - ,~~-~-- ---- ~ "'I"" ., ~ ~ ,,- ~ 7F,~- -,...",~~~- -,., ,,- ~ :\:o :; . I ~ ';;; ;:(,/', ' ~ if,/.-~.;t';.., ~.,;:; p.~"'. .~ ,. Courtesy Notices: Special courtesy notices were provided to the following homeowners and civic associations: . Fallridge Condo . Woods of South ridge . Pinegrove . PROD (Progressive Residents of Delray) . South ridge . President's Council Public Notice: Formal public notice has been provided to the affected property owners as well as property owners within a 500' radius of- the subject property. Letters of support and objection, if any, will be presented at the Planning and Zoning Board meeting. f ~: 'y: 't~: - <{f'~~;;~~:':;;r~~'~:~ ~-:~~1~f.'f~ < ,~.~~ ,- ~~ ~"- ~~- ~~~~ ~ ~~ ~,_'"_v_ o~ -y,," ... ;>"'; ~;~ -... " ," ' - lld~h~~"" ~ ~~ The FLUM designations and zoning dassifications for the subject properties are being amended as these designations were retained as a "holding" zone until a specific development proposal is submitted. A development proposal has been submitted to construct a multiple family development that will contain workforce housing on the Lintco properties. Rather than leave the remaining 0.5 acre lot R-1-A, it is appropriate to rezone the parcel with the privately-initiated proposal. As indicated in the staff report, there is a community need for workforce housing and the development of this property to accommodate this type of housing will help address the need. The directives of the Southridge/S.W. 4th Avenue Redevelopment Plan will need to be amended to address/require the provision of workforce housing on these parcels. Positive findings can be made with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LOR Section 3.1.1 (Required Findings), LOR Section 3.2.2 (Standards for Rezoning Actions), LOR Section 2.4.5(0)(5) (Rezoning Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan. Therefore the proposed FLUM amendments and rezonings can be recommended for approval based on the findings outlined in this report. ~ " - ~ -" -~ -~ ;;""-0-i"CCj\j'" ~~:: "-Vt'-;"-:' ,p.,~';~i -.....c, . 'h" ',__ ,. ,~_..~_~ ~~~;~_~_"--'-:~. Ka3 ~J, Id~~~~'::\:_' :c._~_~~'''L~_~_~~~_~_~~_~~~ A. Postpone with direction. S. Move to recommend to the City Commission approval of the proposed FLUM Amendments from RDA #3 (Redevelopment Area #3) to MD (Medium Density Residential) and Rezonings from R-1- A (Single Family Residential) to RM (Medium Density Residential) by adopting the findings of fact and law contained in the staff report, and finding that the requests are consistent with the Goals, Objectives and Policies of the Comprehensive Plan. and meet criteria set forth in Section 2.4.5(0)(5), Section 3.1.1 (Required Findings) and Section 3.2.2 (Standards for Rezoning Actions) of the Land Development Regulations. C. Move to recommend to the City Commission denial of the proposed FLUM Amendments from RDA #3 (Redevelopment Area #3) to MD (Medium Density Residential) and Rezonings from R-1- A (Single Family Residential) to RM (Medium Density Residential) by adopting the findings of fact and law contained in the staff report, and finding that the requests are inconsistent with the Goals, Objectives and Policies of the Comprehensive Plan. and do not meet the criteria set forth Planning and Zoning Board Staff report Lintco & Burke lee Properties - FlUM Amendment and Rezoning to RM (Southridge Redevelopment Area) Page 10 in Section 2.4.5(0)(5), Section 3.1.1 (Required Findings) and Section 3.2.2 (Standards for Rezoning Actions) of the Land Development Regulations. -- , ~ ~~ >"""'::~" - - , -- "-~~'';~, ii'-(;;'~f\;C;J~- ~n_,::'; .: _"~~ ;:, ~c"~1:"i ,- - -- - - " ~ --~, ~ " - ", v , -;:::..c/ to ^ "'f' ':" ~" . ^ J b~~~lb1~~ ~ ':.J. J~_~ _~~ ~L-""'~.~~ ~~~ Move to recommend to the City Commission approval of the proposed FLUM Amendment from ROA #3 (Redevelopment Area #3) to MD (Medium Density Residential) and Rezoning from R-1-A (Single Family Residential) to RM (Medium Density Residential) for the following: o Area A - Untco Property: A privately-initiated request involving thirteen (12) parcels containing a total of 7.05 acres. o Area B - Burke Lee Property: a City-initiated request involving a 0.5 acre parcel. by adopting the findings of fact and law contained in the staff report, and finding that the requests are consistent with the Goals, Objectives and Policies of the Comprehensive Plan. and meet criteria set forth in Seetion 2.4.5(0)(5), Section 3.1.1 (Required Findings) and Section 3.2.2 (Standards for Rezoning Actions) of the Land Development Regulations. Attachments: . Current & Proposed Future land Use Map . Current & Proposed Zoning Map II ~I II wi II Iii I II I II I--f '<:1 II !4:L II . I I I II L-J . c:: W 11TH ST RI:J, U FALL RIDGE - --~ ~ AID .6'0 ~ ~. OF OELRA Y I STERLING AVENUE Wll III II i I I i 1.1 I I I I i 1= ! I THE DOUGLASS AVENUE "'--C I u~rn1--- GROVES \ \'" ~ ~ SOUTHRIDGE ROAD .l.f.-J~~ \~\ll wIt ~-::.<v , \ \ \ \ \ \ \ \ ~ I T II1I ~r;; \ \ \ \ \ \ \ \ t ~ GULF STREAM I BESSIE ST ~..... ~'0 \ ' \ \ \ \ \ L COMMERCIAL CENTRE ,'II Z _~ nO \\\ w -::" ""' , \ ;;C Cj ~~'Q"C LINTON muss II ELLA ST - i:' ) G t-O LINTON # ( v r ftGE ==:1{0/ F 0-::'''-<' ~IfIOO I COUNTY SU~.<~==<t) Cj ~~~/~:'- SANITATION ~~ r.v'<- ,~E r -' ",<v'0 ~/ i SOUTI-lRI GE 11 ~ 7.I1.R A vr:. It ~I CF W ml~" ~ SECURITY SOUTHRIDGE ~ SELF STORAGE ONE VILLAGE ~ ~ V; UNTO CONDO if) SOUTHRIDcE it: ~ << CAlR BLVDN CONDO ~ ~ ~ ~ ~ J LINTON r BOULEVARD ~ . r~ LINTON llNTERNA TlONAL PLAZA ~ TRN ~ if) COSTCD ~ ~ . P LA~RS ~~ ----- GC DELRAYINDUSTRIAL LAKEV/EW I ) L PARK l'a,n A N~ I .3 ,y~ I -- 1. CI-?C . ~ ~ I LID WASTE ( \ \ ANSFER STA nON V ~i THE l cf ~:t \' VININGS MILLER ~ I FIELD - ~ j I N EXISTING FUTURE LAND USE MAP AMENDMENT FOR: L1NTCO AND LEE PROPERTIES OTY Of' OELRA Y BEACH. fL PLANNING o!c ZONING OEPARn.tENT ~ AREA A (L1NTCO PROPERTY) r::J AREA 8 (LEE PROPERTY) _ _ DIGITAL BASE AlAP S'fSTEAI _ _ MAP REF LM856 ~------- I wi 11...1 111 I 11 II T-c::J I ~I II 1;;1 II II II I 11 I ~ . S. W 11TH 5T R cOt Lt.AVl:.NUI:. FALL RIDGE ! I =-~ ~ MD i I I ~ro ~ I ~ I M 0 ~ ~ I OF DELR A Y STERLING A VENUE I ]1 II I I i 11111: - ! i I THE DOUGLASS \ AVENUE ~ f---- I Jurj J / GROVES \ \ \ --~ SOUTHR1DGE ROAD - Fj" ~ \ , t \ \ \ \ I r ~ \ \ \ ~.L I ~-0 , \ \ \ \ ...-Itj III1 I L,;0 \ \ \. ~ \ \ \ ~ GULF STREAM I BESSIE 5T::J J... ~' \ \ \ \ .u COMMERCIAL CENTRE tj ~ ~ \ ~ 0-0 ?-\\)G'<-- UN TON TRUSS I E~A ST ~ ) c,<V """,,0 UN TON ~ , <j;;'V V RIDGE r-l <~/ ~ 0-0~ CONDO \ COUN TY ~mU\'l'0V:!i<'--- ro '? c/<> SAN/TA nON I--- 'TCl.E: Jj I--- ~Q;- <$J 'V SOUTHRl c1 'n ~ 7>I>R AV> Dc...., .. . , L-' CF I ~ SECURITY SOUTHR/DGE r~ ,:! ~ SELF STORAGE ONE VILLAGE 3: Vj t') ~ C LINTON CONDO Ul SOUTHRID k ~ ~: + : M R BL VD. CONDO ~ ~ + + ~ J LINTON f BOULEVARD LINTON ~NTERNA TlONAL PLAZA ~ TRN~ = Ul COSTeo '$ --- ~ ~ LAVER'S ~ P ~----- ~ =0 GC DELRAY INDUSTRIAL A LAKEW~~ I V! C'. 3 PARK IND .~' ~ 1 ~~/D WASTE ( '\\ ~~NSFER ) _ --4~, STAf' ~ ~ I C \ VININGS MILLER ~ tJ i I FIELD - j , I N PROPOSED FUTURE LAND USE MAP AMENDMENT FOR: - L1NTCO AND LEE PROPERTIES fLUM FROM RDA-3 (REDE\U.OPMENT AREA # 3) TO 1.10 (RESIDENTIAL I.IEDlUM DENSITY 5-12 DUlAC) aTY OF DELRAY BEACH. FL PLANNING & ZONING OEPART\AENT ~ AREA A (UNTCO PROPERTY) E:I AREA B (LEE PROPERTY) __ DIGITAL BASE AlAP SYSTEM __ MAP REF. LMB56 ------------ - I I ;5!1 II It.... I II \I I \I 101 <I II I~ 11 I II I 1 II S _ 11TH ST RtJGLt <> FALL RIDGE , I ! I ll::_ j ~- f--- RM I :s l- I "" I"- u ~ I :;: :;: OF DELRA Y STERLING AVENUE RM '" (j) I I I III \ j I I i III~ e- THE DOUGLASS , AVENUE e- ,~ ...,./ GROVES \ \ \ \ --- '-------' SOUTHRIDGE ROAD - 1 '\ \\ \, \, -- I 0<V \\ "\\\lw \ _, i \ I ::J \\\\'\\ z IIII ~'-<:' , \ \, ,1" I w '?- ' \ '\ \ \ \ ~ GULF STREAM VI b1 w \\,\\\\\ COMMERCIAL CEN TRE I ! 14 I BESSIE ST ;:) ~J... ~ \ \\ \ \ Z ~O .., w 0'-<:' > ") \ <{ ~" DG"- LINTON TRUSS ~-- '\l.~ ELLA ST ~ 0"'" LINTON . ) ~<:J ~ T V RIDGE I D{V I ,J~ I- RlVI "" COUNTY ~ '?-L-- ::0 c,o SANITA TlON ~- r 0'"' ~ - x.-~ __- 0> y i-~ I T,/ '\; II~ SOU THRtCiGE" =<0. ~ 7i=-[)i=-R A vr: I'lENJAMIN AVE 1/ SECURI TY 1- I~ CF SOU THRIOGE ~. SELF STORAGE ONE VILLAGE :;: :;~ + + LINTON CONDO (j) ~ MIC ,ouk ~ ++++ BLVD CON R + + + + LINTON ........... BOULEVARD ,-J w I U LINTON INTERNA TlONAL PLAZA > \ c: .C <{ ~ <('I L-, (j) COSTCO - IY . ~ w LAVER'S ~ -~t-- PC DELRA Y INDUSTRIAL G C LAKEVIEW I [ PARK 1 APARTMENTS I 1 Of,?, ~ . -~ SOLID WASTE TRANSFER - - ---~ ~P-") ~ STA TlON a "" 0 "\ II:: CF -' ;C ) THE ll:: '-' \ VININGS 4J MILLER (j j nELD N EXISTING ZONING DISTRICT MAP FOR: - L1NTCO AND LEE PROPERTIES OTY OF OCLRAY BEACH, FL mJ AREA A (UNTeO PROPERTY) r:;:] AREA B (LEE PROPERTY) PLANNING'" ZONING DEPARTMENT - - DIGITAL BASE MAP SYSTEM -- MAP REF. LMB56 II ~ II I.,. II III I II I T---II ~l II 1-:;11 11 I /I I II I ~I S W. 11 TH RtJGu:. FALL RIDGE I ! -_ I - I RM' ~ , \ I R ~ OF DELRA Y . STERLING AVENUE M 1111111 \ IlilIQ- !1 THE DOUGLASS A\VE~U~ '-- ~ I I II" 1:......- GROVES \ \ \.. '-----' SOUTHRIDGE ROAD - '1 ~0<V \: \\\ \ \ \ \ \1 ~ I I t IIII t ~4) \ \ \ \ \ \ \ 11 ~ GULF STREAM I BESSIE ST => ~ ~" \ \ " \ \ COMMERCIAL CENTRE · JIll (~ '~,f'V ,<::0 '" \ \ \ IIVI ~.., < ~" ~~\\)GS LINTON TRUSS ELLA ST ~ . ) c,<V ",0 LINTON 1>'0 0~ RIDGE I -. r-l{V~ O.:)~ ~ONDO ~ COUNTY ~y- aJ Cj Clr"> SANITA nON ~--, - 'TCLf: Jr n" ~ - ~<<- 'J ~- ~<5> i -..., SOUTHRI GE D l..-----' 7C'f)C AI'" RENJAMIN AVE ~ - ~ ~_ ~V 13 SECURITY SOUTHRIDGE C~F;::s ~ SELF STORAGE ONE VILLAGE ~ Vj ~ ~ LINTON CONDO (f) SOUr, RIDGE Ii! ~ ~ + ~ ~Jm : M I C BL VD. CON ~ ~ ~ + ~ ~ ~ LINTON ~ BOULEVARD LlNTON ~NTERNA T/ONAL PLAZA ~ \ C:i C U -, (f) COSTCO .". 5 . ~I ~ LAVER'S --.......... ~ ~;: t- PC DELRA Y INDUSTRIAL ;1 PARK LAKEVIEW GC APARTMENTS I Ii I 1 Of>?, ~~ . C SOLID WASTE { _ _ __ TRANSFER -Ah~ ~ STA110N ~ / ~)THE CF! \ VININGS MILLER ::: FIELD I ~ J N PROPOSED ZONING DISTRICT MAP FOR: LlNTCO AND LEE PROPERTIES REZONING FROM R-l-A (SINGLE FAMilY RESIDENTIAL) TO RM (MULTIPLE fMlILY RESIDENTIAL) OTY Of DELRA Y BEACH, FL PLANNING'" ZONING DEPARTMENT ~ AREA A (UNTCD PROPERTY) I::l AREA B (LEE PROPERTY) __ OlelTAL B4SE MAP SYSTEM __ MAP REF LM856 4~ ~ CITY COMMISSION DOCUMENTATION f TO: DAVID T. HARDEN, CITY MANAGER ~ -{;Ie.... THRU: PAUL DORLlNG, DIRECTOR OF PLAN ING D Z~IN~~ FROM: JEFFREY A. COSTELLO, ASSIST ANT PLANNING DIRECT 0 SUBJECT: MEETING OF AUGUST 2, 2005 PRIVATELY INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS SECTION 4.4.6(D)(11 ) TO EXPAND THE GEOGRAPHICAL LOCATION WHERE PRIVATE BEACH CLUBS ARE ALLOWED WITHIN THE RM (MEDIUM DENSITY RESIDENTIAL) ZONING DISTRICT. II BACKGROUND I ANALYSIS II The privately-initiated amendment to Land Development Regulations was submitted on the behalf of the owners of the Seagate Beach Club to allow the inclusion of the Seagate Beach Club within the geographic area of the RM zone district where private beach clubs are allowed. LDR Section 4.4.6(0)(11) is proposed to be amended as follows: "Private beach clubs with attendant recreational, dining, and related accessory facilities within one of the followina areas: (a) south of Atlantic Dunes Park and east of State Road A-1-A, or (b) south of Casuarina Road, north of Bucida Road, and east of State Road A-1-A" (Underlined text highlights new language). "The purpose for the proposed amendment is to provide an opportunity for the petitioner's Club to remove its non-conforming/grandfathered status into that of a conditional use. The existing beach club will become a conforming conditional use, which will allow the owners to make an application to reconfigure it in a manner that is much more compatible with the surrounding area. A reconfiguration of the site will enable the driveway to be pulled back from the roadway, reducing the potential for traffic conflicts and congestion. This will be even more critical with the road widening scheduled to occur at that portion of A 1 A. Additionally, any new building will be a significantly better fit for the neighborhood. " Additional background and a complete analysis of the proposed LDR amendment are found in the attached Planning and Zoning Board staff report of July 18, 2005 ! PLANNING AND ZONING BOARD CONSIDERATION I I At its meeting of July 18, 2005, the Planning and Zoning Board held a public hearing regarding the amendment. There was public testimony from a person in support of the proposed changes. After discussing the amendment, the Board voted 6-0 to recommend to the City Commission approval of the proposed amendment, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M)(5). II RECOMMENDED ACTION II Move approval on first reading the ordinance amending Land Development Regulations (LDRs) Section 4.4.6(0)(11) to expand the geographical location where private beach clubs are allowed within the RM (Medium Density Residential) zoning district as a conditional use, by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations, with second reading to occur on August 15, 2005. Attachments: Proposed Ordinance & Planning and Zoning Board Staff Report of July 18, 2005 \O~ City Commission Documentation Amendment to LOR Section 4.4.6(0)(11) regarding Private Beach Clubs Page 2 ORDINANCE NO. 62-05 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF CODE OF ORDINANCES, BY AMENDING SECTION 4.4.6, "MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT", SUBSECTION 4.4.6(D), "CONDITIONAL USES AND STRUCTURES ALLOWED", TO EXPAND THE GEOGRAPHICAL LOCATION WHERE PRIVATE BEACH CLUBS ARE ALLOWED WITHIN THE RM ZONING DISTRICT; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on July 18, 2005, and voted 6 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Section 4.4.6, "Medium Density Residential (RM) District", Subsection 4.4.6(D), "Conditional Uses and Structures Allowed", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the RM District. (1 ) Adult congregate living facilities and continuing care facilities. (2) Residential Licensed Service Provider Facilities subject to restrictions set forth in Section 4.3.3(D). (3) Child care and adult day care. (4) Private educational facilities subject to the restrictions set forth in Section 4.3.3(HHH). (5) Churches, or places of worship, and their attendant educational, nursery, Sunday school, recreational, and columbarium facilities. The foregoing does not allow establishment of educational and care uses such as elementary school and general day care; however, such uses may be established by a separate conditional use application for child care or rezoning to CF, as appropriate. (6) Convalescent homes, homes for the aged, nursing homes, and rest homes. City Commission Documentation Amendment to LOR Section 4.4.6(0)(11) regarding Private Beach Clubs Page 3 (7) The use of common recreational facilities such as swimming pools, tennis courts, and golf courses (associated with a subdivision) for club or commercial purposes. (8) Single family detached residences in zero lot developments. (9) Yacht club with facilities. (10) Dock master facilities when associated with a multi-family development which has a marina. (11 ) Private beach clubs with attendant recreational, dining, and related accessory facilities within one of the followinq areas: (a) the area lying south of Atlantic Dunes Park and east of State Road A1A. or (b) south of Casurina Road. north of Bucida Road. and east of State Road A1A. (12) Multiple family residential development may exceed twelve (12) units per acre, up to a maximum of up to twenty-four (24) units per acre within the Southwest Neighborhood Overlay District defined in Section 4.5.9, subject to the provisions of Section 4.4.6(1), Article 4.7, and based upon the development's conformance with the applicable standards and criteria described within the adopted Southwest Area Neighborhood Redevelopment Plan. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of ,200 . ATTEST MAYOR City Clerk First Reading Second Reading DElIA~ BEIDt " DElllAY BEACH ~ti.''':lli PLANNING AND ZONING BOARD ~~'~a:. -ClIy -CIty '1111: MEMORANDUM STAFF REPORT " III! 1l)(H 1993 ;001 ,!fll)1 MEETING OF: JUL Y 18, 2005 AGENDA ITEM: IV.F. - CONSIDERATION OF A PRIV A TEL Y -INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS SECTION 4.4.6(0)(11) TO EXPAND THE GEOGRAPHICAL LOCATION WHERE PRIVATE BEACH CLUBS ARE ALLOWED WITHIN THE RM (MEDIUM DENSITY RESIDENTIAL) ZONING DISTRICT. l.. ..~~._~'.~-_- _ (!.~ ~ ---8 E f;--?J(~. .~~tt ~=~~i ~..R~_. ...-_. '-=__-'~'= ~ ..'~~ The item before the Board is that of making a recommendation to the City Commission regarding a privately-initiated amendment to the land Development Regulations Section 4.4.6(0)(11) concerning Private Beach Clubs in the RM (Medium Density Residential) zoning district, pursuant to lOR Section 2.4.5(M)(5). 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. [.=-__ .._:~. ~~~~-=~ ~",R ~.~ ~_~.E -~~.' L ~ R~ _~. ~'~_~p M~~.!{ T' ... - ,=' __,. .. n' :J The privately-initiated amendment to land Development Regulations was submitted on the behalf of the owners of the Seagate Beach Club to allow the inclusion of the Seagate Beach Club within the geographic area of the RM zone district where private beach clubs are allowed. lOR Section 4.4.6(0)(11) is proposed to be amended as follows: "Private beach clubs with attendant recreational, dining, and related accessory facilities within one of the followinq areas: (a) south of Atlantic Dunes Park and east of State Road A-1-A, or (b) south of Casuarina Road. north of Bucida Road. and east of State Road A-1-A" (Underlined text highlights new language). Attached is a copy of the applicant request/justification letter concerning the proposed lOR amendment; however the following excerpt from the request letter is provided: "The purpose for the proposed amendment is to provide an opportunity for the petitioner's Club to remove its non-conforming/grandfathered status into that of a conditional use. The existing beach club will become a conforming conditional use, which will allow the owners to make an application to reconfigure it in a manner that is much more compatible with the surrounding area. A reconfiguration of the site will IV.F. P&Z Board Memorandum Staff Report Amendment to LDR Section 4.4.6(D}( 11} regarding Private Beach Clubs Page 2 enable the driveway to be pulled back off of the roadway, reducing the potential for traffic conflicts and congestion. This will be even more critical with the road widening scheduled to occur at that portion of A 1 A. Additionally, any new building will be a significantly better fit for the neighborhood. In terms of impacts on the surrounding area, the beach club use is compatible with the public beach to the north and the RM zoned property to the west, and the proposed improvements will improve compatibility with the single family zoning district to the south. " I -- -- ---- .- --- --.- .. . =- -----='jl ..--. -----.------ BACKGROUND _ ___ .__ _ ._______ _ . ___ ___ ____ ___ _n_ ___ _... -. --- -- --- --- - --- - -- .- - - .--- --- The Seagate Beach Club has an extensive land use history, which dates back to the late 1930's. On May 11, 1959, the City Commission (then City Council) approved a site plan for the remodeling and additions to The Seagate Beach Club. At that time, the property was zoned R-3 (Multiple Family Dwelling District), which allowed hotels and apartment hotels as permitted uses. Subsequently, in the 1960's, the property was rezoned RM-1-A (Multiple Family Dwelling District), which allowed clubs and hotels as conditional uses. In 1972, the property was rezoned to RM-15, which allowed public or private swimming and tennis clubs and similar recreational facilities as a conditional use. In October 1990, with the Citywide Rezoning associated with the adoption of the land Development Regulations, the property was rezoned to RM and the Conditional Use language in the RM zone district was changed to read: the use of common recreational facilities such as swimming pools, tennis courts, and golf courses (associated with a subdivision) for club or commercial purposes. On January 28, 1998, the Planning and Zoning Department received a privately- initiated request from The Delray Beach Club to amend the land Development Regulations to add private beach clubs as a Conditional Use in the RM zone district, pursuant to the following language: "Private beach clubs with or without attendant recreational and/or dining facilities on properties with a minimum land area of two acres lying south of Atlantic Dunes Park and east of State Road A 1 A". The Delray Beach Club, located south of Linton Boulevard on the east side of South Ocean Boulevard (S.R. A-1-A), within the RM zoning district, submitted the request to accommodate an expansion to an existing restaurant and addition of a free standing snack bar. As the use was non-conforming under the regulations at that time, the proposed modifications were not permitted. The proposed geographical area associated with the LOR amendment also included The Colony Beach Club (also located south of Atlantic Dunes Park). P&Z Board Memorandum Staff Report Amendment to LOR SectIon 4.4.6(O}(11) regarding Private Beach Clubs Page 3 At its meeting of May 5, 1998, the City Commission approved an amendment to the land Development Regulations to add "Private beach clubs with attendant recreational, dining, and related accessory facilities within the area lying south of Atlantic Dunes Park and east of State Road A1A" as a conditional use in the RM (Medium Density Residential) zoning district. The proposed language was amended per Staffs recommendation. Staff felt it was unnecessary to put limitations on the land area as there are enough regulations in place to ensure compatibility. ~~ -- .- - -- ._- '-' .--- .- -.- --' - - .----- .-. - -.- - ---I ~.:~':"'-:"':~? -., ---:;-:-- --. -' - "A.- N Al Y-S1s-.----------:-n-. :- ---. -.- ---- .. .-:....-::.:.---=--. ...:---:-:- -=-..:- -=-- -==- -=.-- -:-- . :-.::- ':"'::' :_- -==- ==----.=- :=-':'.~ - ==-"."-==--- ~. .':..-=-- ..:==0-':''''':'':'''''" Currently, there are three known privately operated beach clubs in the City, all of which are located east of A-1-A. These include: The Seagate Beach Club, the Colony Beach Club, and Defray Beach Club. Pursuant to the lOR amendment approved in 1998, the Colony Beach Club and Delray Beach Club, located south of Atlantic Dunes Park are conforming, while the Seagate is nonconforming and is subject to Article 1.3 of the land Development Regulations concerning nonconforming uses, lots and structures. This Article restricts the types and amount of improvements that occur to nonconformities. It is the intent of the regulations to allow such nonconformities to continue until they are removed, but not to encourage their continuation. Nonconformities are not to be enlarged upon, expanded, extended, or used as grounds for adding other structures or uses prohibited elsewhere in the same zoning district. The predominant zoning districts along the City's coastline east of A-1-A and north of Atlantic Dunes Park, are Single Family (R-1 districts) and Open Space (OS) with a few pockets of multiple family districts (refer to the attached map). All of the properties located south of Atlantic Dunes Park are zoned RM. The existing land uses south of the Atlantic Dunes Park include older hotels/time shares, high density multiple family developments, and two private beach clubs (Colony and Delray Beach Club). The area west of A-1-A, from Bucida Road northward to the commercially-zoned properties along Atlantic Avenue, is primarily zoned RM, with a couple of R-1-A (Single Family Residential) and OS (Open Space) zoned pockets. This area contains nonconforming motels/time shares and high density multiple family developments. Recently, there has been redevelopment activity in the area, which has resulted in townhouse developments at permitted densities. The Seagate Beach Club is located east of A-1-A, at the south end of the RM zoned area and Municipal Beach, and abuts a single family zoned property (R-1-AAA) to the south. At the time of the 1998 LOR amendment, the staff report read "From a compatibility and land use stand point, it seems reasonable to limit private beach clubs to the geographical area proposed by the applicant (i.e. south of the Atlantic Dunes Park)." At that time, the inclusion of the Seagate as a potential site was not seriously considered or studied as the privately-initiated proposal focused on the beach clubs south of Atlantic Dunes Park. The Seagate Beach Club has co-existed with the adjacent residential neighborhoods/area for over 60 years. This area is identified as "Stable" on P&Z Board Memorandum Staff Report Amendment to LOR Section 4 4.6(0)(11} regarding Private Beach Clubs Page 4 the Residential Neighborhood Categorization Map. "Stable" areas have no apparent signs of physical or other decline. The proposal for the Seagate is to redevelop the club house in manner that will be more compatible and complementary to the surrounding area. As mentioned above, the use of common recreational facilities such as swimming pools, tennis courts, and golf courses (associated with a subdivision) for club or commercial purposes is listed as a Conditional Use in the RM zone district. These facilities are also allowed as a Conditional Use in the Single Family Residential (R-1) zoning districts as well as the PRO (Planned Residential development) and Rl (low Density residential) zoning districts. The Seagate Beach Club operates independently of any residential development or subdivision, and therefore became a non-conforming !Jse. A club as defined by the lDRs is a building or facility owned or operated by an association, corporation, person, or persons, for an educational, recreational, or social purpose, and to which membership is required for participation, but not primarily for profit or to render a service which is customarily restricted to members and their guests. Private beach clubs fit the definition of "clubs", and are currently allowed as a conditional use within a certain geographical area of the RM zone district. The potential impacts with respect to level of service standards, and issues relating to compatibility would be the same whether a club is associated with or without a subdivision and would be subject to the same required findings Le. that the club will not have a significantly detrimental effect upon the stability of the neighborhood within which it will be located, and that it will not hinder development or redevelopment of nearby properties. Any proposal would also need to comply with the land Development Regulations and be consistent with the Goals, Objectives and Policies of the City's Comprehensive Plan. The Planning and Zoning Board and/or City Commission may also impose conditions to further assure that the development is compatible with adjacent properties. LOR Section 2.4.5(M)(5) (Findinas): Pursuant to LOR Section 2.4.5(M)(5) (Findings), in addition to LOR Section 1.1.6(A}, the City Commission must make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. The Goals, Objectives and Policies of the City's Comprehensive Plan were reviewed and the following are noted: Future Land Use Element Policy C-3.4: The City's Coastal Area is one of its most valuable resources in terms of economic attraction, recreation, and natural beauty. While action is appropriate to capitalize upon the economic benefits of this resource, commercialization and promotion shall not occur to such an extent that they diminish this beach resource. Private beach clubs are a recreational use that can provide economic benefits to the City in a manner that that will not diminish the beach resource. The intensity of private P&Z Board Memorandum Staff Report Amendment to LOR Section 4.4.6(O}(11} regarding Private Beach Clubs Page 5 beach clubs can be controlled through the Conditional Use process, through which limitations can be placed on the types of activities provided, hours of operation, number of memberships, etc. Coastal ManaQement Element: Obiective C-3:The development of vacant and under-developed land on the barrier island shall occur in a manner which does not change the character, intensity of use, or demand upon existing infrastructure in the Coastal Planning Area, as dictated in the following policies: Policy C-3.2: There shall be no change in the intensity of land use within the barrier island and all inti II development which does occur shall connect to the City's storm water management system and sanitary sewer system. Obiective D-2: There shall not be any development upon the barrier island which shall reduce hurricane evacuation time beyond its present level or which shall lower the level of service at the intersection of SR A-1-A and Atlantic Avenue; George Bush Boulevard and SR A-1-A; or at Linton Boulevard and SR A-1-A. The upgrading of the existing beach club facility or the establishment of a new club will not affect hurricane evacuation times on the barrier islands. Hurricane evacuation times are primarily impacted by the number of dwelling units as residents attempt to leave the area for safer accommodations. r - .- . ---- n_ . - -. . . - ..--.-----.. - . --- .--- . --- . - - -- II r~ -~~-=--- .~._~ ---~ . ~ ~ . -~. _ - ~ .._~-~- -R~vI"E:~.,~!..~-r:_~ER~,,_ ..-- Courtesy Notices: Courtesy notices were provided to the following homeowner and civic associations: . Beach Property Owners Association . Progressive Residents of Delray (PROD) . President's Council . Via Marina Association letters of objection and support, if any, will be provided at the Ptanning and Zoning Board meeting. r:~~.'.'-:~--~ ~~~~::~.~~~:-~:~.~ ~~SES"5MENT'~.~~ ~C~NGi~~~ION'-_~=- -. .'.-=- ----:-.-... "., The applicant is requesting an amendment to lOR Section 4.4_6(0)(11) to expand the geographical location where private beach clubs are allowed within the RM (Medium Density Residential) zoning district as a conditional use, as follows: "Private beach P&Z Board Memorandum Staff Report Amendment to LOR Section 4.4 6(O}(11) regarding Private Beach Clubs Page 6 clubs with attendant recreational, dining, and related accessory facilities within one of the followinq areas: (a) south of Atlantic Dunes Park and east of State Road A-1-A, or (b) south of Casuarina Road. north of Bucida Road, and east of State Road A-1-A" . As outlined in this report, it is appropriate to expand the geographical area as requested as clubs are already allowed in the RM zone district and there are adequate regulations to mitigate any potential concerns identified through the Conditional Use process. The proposed amendment is consistent with the Goals, Objectives and Policies of the Comprehensive Plan, and does not diminish them. 1...____ .- . - - - . ... -- -- ...- . . ...... .....- . . -'. -.- --=--~-=-ll RECOMMENDED ACTION - -----.--- ..... --- .--- -- --. . . - ---..- - - . . ._---- Move to recommend to the City Commission approval of the amendment to land Development Regulations Section 4.4.6(0)(11) to expand the geographical location where private beach clubs are allowed within the RM (Medium Density Residential) zoning district as a conditional use, by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the land Development Regulations. Attachments: . Location Map . Request/Justification Letter . Proposed LOR Amendment , ./, iT ,~ ;IJI,' - 'I/,:'j , "'~f~t-AInJ...-Je.- =l M II I c" c- CUJ ""," ' "! ~-' -', ~!t-1 ; '- ~'!~~: _" .. -1~. 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"", --., . .. .~ ,j\\.i '---~ I. =, ~~L ,__" J \ +, 1 :_:.~:,."^:;".. _ I \ L ' ---l\;' - --j 1 ---I' ~.:;:c. 1 U j I I ~ ff,/J J1 L=1r- - .t~ y'::,' ~= -~,,:., ;~'li .-fi ' _i' N PRIVATE BEACH CLUBS CONDITIONAL USE - t':---., ALLOWABLE AREA AS A OTY Of DELRAY BEACH. FL t.___-' MAP REF: UAA75 PLANNING &: ZONING DEPARTMENT -- DIGITAL BASE MAP SYSTEM -- THE CARNEY LEGAL GROUP, P.A. Attorneys At Law Thomas F. Carney, Jr. 901 GEORGE BUSH BOULEVARD Also admitted in MA DELRA Y BEACH, FLORIDA 33483 TEL: (561) 278-5565 Peter H. Carney FAX: (561) 330-8233 Also admitted in NH & MA EMAIL: tfc@cameylegalgroup.com June 3, 2005 Mr. Paul Dorling Director, Planning and Zoning Department City of Delray Beach 100 NW First Avenue Delray Beach, Fl 33444 Re: Petition for Text Amendment to Section 4.4.6 Medium Density Residential (RM District) of the land Development Regulations Dear Paul: Pursuant to your discussions and meeting with E. Anthony Wilson of Seagate Beach Club several months ago, please consider this the formal petition of Seagate Beach Club for the text amendment to the above-referenced RM Zoning District of the lOR in the manner set forth in this letter. Additionally, enclosed please find Seagate Beach Club's filing fee of $1,000.00 to initiate the process. Currently, Section 4.4.6 (D) (11) re~ds as follows: "Private beach clubs with attendant recreational, dining, and related accessory facilities within the area lying south of Atlantic Dunes Park and east of State Road A1A." The proposed text amendment would add to 4.4.6 (D) (11) the land area lying south of Casuarina Road, north of Bucida Road, and east of State Road A 1A. Accordingly, if the proposed text amendment is adopted, Section 4.4.6 (D) (11) would read as follows: "Private beach clubs with attendant recreational, dining, and related accessory facilities within one of the followina areas: &l south of Atlantic Dunes Park and east of State Road A 1 A, or (bJ south of Casuarina Road, north of Bucida Road, and east of State Road A fA. II (Emphasis added to highlight proposed new language.) 1 Mr. Paul Dorling Director, Planning and Zoning Department City of Delray Beach June 3, 2005 The purpose for the proposed amendment is to provide an opportunity for the petitioner's Club to remove its non-conforming grandfathered status into that of a conditional use. The potential impacts of the text amendment are positive. It is consistent with the current use of similar beach clubs situated within the RM zoning district to the south, and is consistent with the Goals, Objectives, and Policies of the Comprehensive Plan. No change in the underlying Medium Density (MD) Future land Use Map designation is proposed, and "private beach clubs" have already been determined to be consistent with the MD designation and the RM zoning category (as a conditional use). Therefore, the amendment is consistent with Comprehensive Plan Objective C-3 of the Coastal Management Element "The development of vacant and underdeveloped land on the barrier island shall occur in a manner which does not change the character, intensity of use, or demand upon existing infrastructure in the Coastal Planning Area" and Policy C-3.2, "There shall be no change in the intensity of land use within the barrier island and all infill development which does occur shall connect to the City's storm water management system and sanitary sewer system". Adding the use "Private Beach Clubs" to this section of the RM district does not increase the potential for the development of residential units, therefore, evacuation times will not be adversely affected. Given that the use is already established, the text amendment will not lead to an increase in traffic volumes. Therefore the amendment can be found to be consistent with Coastal Element Objective 0-2, "There shall not be any development upon the barrier island which shall reduce hurricane evacuation time beyond its present level or which shall lower the level of service at the intersections of SR A 1 A and Atlantic Avenue, George Bush Boulevard and SR A1A. or at Linton Boulevard and SR A1A". The existing beach club will become a conforming conditional use, which will allow the owners to make an application to reconfigure it in a manner that is much more compatible with the surrounding area. A reconfiguration of the site will enable the driveway to be pulled back off of the roadway, reducing the potential for traffic conflicts and congestion. This will be even more critical with the road widening scheduled to occur at that portion of A1A. Additionally, any new building will be a significantly better fit for the neighborhood. In terms of impacts on the surrounding area, the beach club use is compatible with the public beach to the north and the RM zoned property to the west, and the proposed improvements will improve compatibility with the single family zoning district to the south. 2 Mr. Paul Dorling Director, Planning and Zoning Department City of Delray Beach June 3, 2005 Please proceed with the scheduling of the staff review and attendant hearings to follow, and notify us as to the schedule. If you have any questions, please do not hesitate to call. I look forward to hearing from you. Sincerely, The Carney Legal Group, P.A. By: Thomas F. Carney, Jr. For the Firm - TFC/db Encl. ccs: E. Anthony Wilson, Seagate Beach Club Marie Horenburger Jeff Costello 3 L__,-~:' -'. "~-~p~Fi"6'p 0 S~E.~. L'~B:___~_ ~..~.~_.D_.~ ~_-~.-i~'n . .. .. -=-~J Section 4.4.6 Medium Density Residential (RM) District: (0) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses in the RM district. (11) Private beach clubs with attendant recreational, dining, and related accessory facilities within one of the followinQ areas: (a) south of Atlantic Dunes Park and east of State Road A-1-A, or (b) south of Casuarina Road. north of Bucida Road. and east of State Road A-1-A" Page 1 of 1 Valek, Denise From: Susan Capone [susandelray@yahoo com] Sent: Monday, July 18, 20056:28 AM To: PZmail@MyOelrayBeach com Cc: randy@stoff com Subject: Seagate Beach Club Hello, We live have lived in the Seagate neighborhood for the last 19 years and have seen many changes. I think improvements to the Seagate Beach Club would help maintain and potentially enhance it. I see a need to change the zoning of "conforming conditional use" in this case. The Seagate Beach Club has been a wonderful neighbor and I have enjoyed many activites there throughout the years. Thank you in advance for your consideration in this matter. Sincerely, John and Susan Capone 800 Seasage Drive Delray Beach, FL 33483 561.276.0480 Do You Yahoo!? Tired ofspam? Yahoo! Mail has the best spam protection around http://mail.yahoo.com 7/18/2005 Page I of I Valek, Denise From: Kim Dwyer [2kimdwyer@gmail.com] Sent: Monday, July 18, 2005 10.57 AM To: PZmail@MyDelrayBeach.com Subject: support for Seagate Conformmg Condittonal Use Dear Planning & Zoning Board, We are writing this letter in support of the Conforming Conditional Use change to the Seagate Beach Club zoning. We live I block South of the club in the Seagate neighborhood. Though not members, I have enjoyed the amenities the club has to offer as a guest and feel improvements are necessary. The Seagate Club employees are always courteous and responsible neighbors. Regards, Kim and Pete Dwyer 711 Seagate Drive 7/1812005 -- ~----- -- ---- 07/18/20135 04:47 1551272'38137 IeN L TD PAGE 01 pzmail@MyDelrayBeach.com, 03:41 PM 7/18/2005, No Subject To: pzmail@MyDelrayBeach.com From: Eric Cherry <echerry@icnltd.com> Subject: Cc: Bcc: Attached: To whom it may concern, We have lived in the vicinity for nearly 20 years and are about to move into our home at 1111 South Ocean Blvd here in Delray. We have always felt that the Seagate Club was a positive addition to our community.Although we are not members,we know many people that are. We are thrilled that they are planning renovations that will benefit the traffic flow as well as be more aesthetically pleasing. I urge you approve the Conforming Conditional use permit that they are applying for Thank you. Veronica and Eric Cherry I{C:(:~:: ' I ~ j ; i 2f11 .; '-' '_ I Printed for Eric Cherry <echerry@icnltd.com> 1 ,&ttJ~ II CITY COMMISSION DOCUMENTATION II TO: DAVID T. HARDEN, CITY MANAGE~VoJ: (fle THRU: PAUL DORLlNG, DIRECTOR OF ~~~NG FROM: SCOTT PAPE, SENIOR PLANNER cy.- SUBJECT: MEETING OF AUGUST 2, 2005 PRIVATELY INITIATED AMENDMENT TO LAND DEVELOPMENT REGULATION SECTION 4.4.19(D)(2) TO ADD THE STORAGE AND RENTAL OF HEAVY CONSTRUCTION EQUIPMENT NOT OVER 100' LONG, 14' WIDE, AND 15' HIGH AS A CONDITIONAL USE IN THE MIC (MIXED INDUSTRIAL AND COMMERCIAL) ZONING DISTRICT. II BACKGROUND AND ANALYSIS II The City has received a privately initiated LDR text amendment to include the above referenced use as a conditional use in the MIC zoning district. This amendment should be analyzed as a non-site specific application as it affects all areas Within the City that are zoned MIC. However, the amendment was initiated by Hunter Crane in order to operate its business at the former Shaw Trucking site at 2189 West Atlantic Avenue (west of the northwest corner of Congress Avenue and West Atlantic Avenue). The Shaw Trucking property was annexed in November 1988 and was assigned an initial zoning designation of GC (General Commercial). The property was subsequently rezoned to MIC as part of the citywide rezoning in 1990. Shaw Trucking operated its business up to February, 2003 at which time the business ceased operation Hunter Crane has since occupied the site and applied for an occupational license which was denied in August of 2003. Since that time the business has operated on site without an occupational license. Hunter Crane was cited on February 25, 2004 for conducting business without an occupational license. The occupational license denial was based on the determination that the use fell within the classification of "heavy equipment and tool rental" which is not an allowed use within the MIC zoning distnct. The matter has been considered by the Code Enforcement Board and the citation is pending the consideration of the pnvately initiated text amendment by the City Commission. At its meeting of February 28, 2005, the Planning and Zoning Board considered the applicant's original LDR text amendment which redefined the dimensions of light construction equipment storage and rental to accommodate the large construction equipment. The Planning and Zoning Board postponed the text amendment and directed the applicant to work with staff to add a new use category for the storage and rental of heavy storage equipment rather than redefining the dimensions to be considered under light construction use. In response to the Planning and Zoning Board's direction, the applicant submitted a new LDR text amendment to add a new use known as the "Storage and Rental of Heavy Construction Equipment not over 100' Long, 14' Wide, and 15' High." The applicant has added a 250' separation requirement from any arterial roadway (except Interstate 95) for this use The revision also includes buffer requirements that include either a 5'-high wall or 5'-hlgh hedge together With increase perimeter landscape buffer and trees. It is noted that additional buffers could be added on a case-by-case basis during the conditional use process given the nature of a specific use to ensure compatibility With surrounding properties. Pursuant to LDR Section 2.4.5(M)(1), amendments to the Land Development Regulations may be initiated by the City Commission, Planning and Zoning Board or City Administration; or an individual may request an amendment. Pursuant to Land Development Regulation Section 2 4.5(M)(5), approval of an LDR amendment must be based upon a finding that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. Based on the separation and buffer \ac- City Commission Documentation LDR Amendment - Heavy Construction Equipment in the MIC Zoning Distnct Page 2 requirements, a positive finding can be made that the Land Development Regulation text amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. Additional background and a detailed analysis is provided in the attached Planning and Zoning Board staff report. II PLANNING AND ZONING BOARD CONSIDERATION I The Planning and Zoning Board held a public hearing regarding this item at its meeting of July 18, 2005. There was no public testimony regarding the proposed amendment. After discussing the amendment, the Board unanimously voted 6-0 to recommend to the City Commission approval of the proposed amendment to Land Development Regulation Section 4.4.19(0)(2), based upon positive findings with respect to LOR Section 2.4.5(M). II RECOMMENDED ACTION II By motion, approve on first reading the ordinance amending Land Development Regulation Section 4.4.19(D)(2)(g) to add the storage and rental of heavy construction equipment not over 100'-long, 14'- wide, and 15'-high as a conditional use in the MIC zoning district by adopting the findings of fact and law contained in the Staff Report and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in LOR Section 2.4.5(M)(5). Attachment: Planning and Zoning Memorandum Staff Report of July 18, 2005 Proposed Ordinance No 61-05 r~~~~f)~tt~lJfj(fNj~~~~ep-ofi~~~ MEETING DATE: JULY 18, 2005 AGENDA ITEM: IV.G. PRIVATELY INITIATED AMENDMENT TO LOR SECTION 4.4.19(0)(2) TO ADD THE STORAGE AND RENTAL OF HEAVY CONSTRUCTION EQUIPMENT NOT OVER 100' LONG, 14' WIDE, AND 15' HIGH AS A CONDITIONAL USE IN THE MIC (MIXED INDUSTRIAL AND COMMERCIAL) ZONING DISTRICT. ~&.~'S.~'C-~~~rr.'''''''1;;'';'''':~~~';''r.i:~_~''''~~.Ft'i.:i'~~1I .~a. ... q?C..ftI"'iFDt~~.... ~~I::~.. '". ,,".:e""'.Btu!~'t( D ~~':. ~~.,... I-' ..~1'..~ : ".. ~ _==-___-====--::,. ~ ..." ._ '_._ ____~_:.': .,~,.:-_.. ':'_~":'." .... :....::,..::.:_.... ~. ~". . ... . .._.....1. ., ._ ... :_..:.._ ..o~~..,... ". The item before the Board is that of making a recommendation to the City Commission regarding a privately initiated text amendment to the Land Development Regulations (lOR) Section 4.4.19(0)(2). The applicant proposes to amend the MIC zoning district to add heavy construction equipment to include equipment up to 100' long, 14' wide, and 15' high. Pursuant to Section 1.1.6(A), an amendment to the land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. ~1~~~::...~.!'1,'~~'~.::i~B~CK(jRbUND'f'tlEVEi~oPMENT:PROPO:S'AL ::.- ..:~:--.-' .-.:~ :.....~..: "~if~~1ftl1 IL,,:,""':""'--:---,,::, .... - .. ... . --- . . - -- - ". .--.... . ----- . '. --- -- -- .. "-~:'''~ This amendment should be analyzed as a non-site specific application as it affects all areas within the City that are zoned MIC. However, as this is a privately initiated amendment a brief history of the applicant is provided. Hunter Crane has made this request in order to operate its business at the former Shaw Trucking site at 2189 West Atlantic Avenue (west of the northwest comer of Congress Avenue and West Atlantic Avenue). The Shaw Trucking property was annexed in November 1988 and was assigned an initial zoning designation of GC (General Commercial). The property was subsequently rezoned to MIC as part of the citywide rezoning in 1990. Shaw Trucking operated its business up to February, 2003 at which time the business ceased operation. Hunter Crane has since occupied the site and applied for an occupational license which was denied in August of 2003. Since that time the business has operated on site without an occupational license. Hunter Crane was cited on February 25, 2004 for conducting business without an occupational license. The occupational license denial was based on the determination that the use fell within the classification of "heavy equipment and tool rental" which is not an allowed use within the MIC zoning district. The Code Enforcement Board considered the citation at its meeting of December 27, 2004 and found that the property was not in compliance with City code. The Code Enforcement Board granted a 120-day period for the property owner to become compliant or incur a $250 daily fine. At its meeting of February 28, 2005, the Planning and Zoning Board considered a LDR text amendment to redefine the dimensions of light construction equipment storage and rental which is currently an allowed use. These dimensions were the same as are now proposed by the current request. The Planning and Zoning Board postponed the text amendment and directed the applicant to work with staff in adding a new use category for the storage and rental of heavy Planning and Zoning Board Staff Report LOR Text Amendment - Hunter Crane Page 2 storage equipment rather than redefining the light construction use. A new lDR text amendment was submitted on July 5, 2005 for the storage and rental of heavy construction equipment not over 100' long, 14' wide, and 15' high. Pursuant to LDR Section 2.4.5(M)(1), amendments to the Land Development Regulations may be initiated by the City Commission, Planning and Zoning Board or City Administration; or an individual may request an amendment. The proposed amendment is a privately initiated text amendment to the land Development Regulations and is now before the Board for action. . . t:!l~< - ~~ ~\~r ''ilJ::'; I fC.l~ t~Yj-~ - ~!if"is - ---~ - - .- - -, ' - I" - ~"",~'&~" ~~~'-=~~: ,J '6 " J ...~~"'~ '" n"",..- .~~ ~ l."',.....,~~ ;;r The following is an excerpt from the original justification n~rrative submitted by the applicant for the redefinition of light construction equipment: "Prior to our taking over this property in your city, Shaw Trucking had been doing business for many years at this same location. Delray Land Holdings LLC, the owner of Hunter Crane, is providing similar services and is at a loss as to why the city would take any issue with our operating out of this location. Additionally, the businesses surrounding our location are industrial and the city of Delray Beach has a serious need for a reasonable, reputable and reliable crane company. Currently, Hunter Crane is the ONL Y crane company with in the Delray Beach city limits. These reasons alone would appear to support our request that the city continue to allow our business to operate at this location as its predecessor had done for years. Additionally, Hunter Crane (Delray Land Holdings LLC) has proven our abilities in not only in the daily construction and growth of the "new Delray Beach", but under our contract with FPL. Hunter Crane (Delray Land Holdings, LLC) was responsible for handling all post hurricane and emergency response operations, and we all know the trying time.s Florida went through during our most recent Hurricane season, and Delray Beach surely did not go unscathed. Additionally Hunter Crane (Delray Land Holdings, LLC) is responsible for all rail road crossing clearings during any emergency situation and is responsible for any tree clearing that is required throughout the city of Delray Beach. Delray Land Holdings would like to continue doing business in Delray Beach as this would not only benefit the company but the city as we employee many individuals who not only live in the area but as they are employed and working in the area support neighborhood business by spending money in the area and thereby support Delray Beach's tax base. n In the past, there has been a great deal of debate on the allowed uses and intensities that should be allowed in the MIC zoning district. In 1997, the City Commission considered a text amendment on the uses and buffering requirements allowed in the MIC district. At that time there was a concern with the incompatibility and negative impact of certain uses in these areas. It was felt that these uses were inhibiting the quality of development that the City sought in these areas. As part of the greater philosophical debate, the City placed dimensional limitations on light construction equipment and distance requirements (150') from arterial roads in order to control aesthetic aspects of the storage component. It is noted that the majority of the MIC zoning district is located along highly visible and the well traveled Congress Corridor. Planning and Zoning Board Staff Report LOR Text Amendment - Hunter Crane Page 3 In accordance with direction by the Planning and Zoning Board, the applicant has submitted a new text amendment, which would allow the storage of larger equipment but has mitigated it by increasing the required setback to 250' setback from arterial roads (excluding Interstate 95). The applicant has also included a provision of a 6' -high wall or hedge to buffer the property. This provision includes a codicil that when the property is adjacent to a public building, school, park or library a 6'-high hedge in lieu or in addition to a wall will be required. Staff recommends this be modified to read that a 6'-high hedge in addition to the wall (rather than in lieu of) be provided and adjacent residential properties be added. Further, that a perimeter buffer a minimum of 10' with trees 25' on center be required around the storage area. The MIC zoned properties that have frontage on an arterial road are located along Congress Avenue and Linton Boulevard (see attached location map). The 250' setback would not prohibit the majority of properties that have frontage along these roads from having the heavy construction equipment outdoor storage component of the use. Under this criterion, establishment of such use would be severely restricted to a limited space on the rear portions of these properties. It is noted that there are numerous properties that have the M IC zoning designation which would not be affected by this restriction since they are not located within 250' of an arterial road. The 250' setback and 6'-high wall and hedge buffer should be sufficient to adequately screen the establishment of such uses for those properties located on arterial roadways. As the use will be allowed only as a conditional use, the City will have additional safeguards based on a site-by- site basis to ensure compatibility on all other properties. During any conditional use request for this site an appropriate condition will be that all equipment be stored in a down position (i.e. no raised cranes will be allowed on site). Pursuant to LOR Section 4.4.20(0)(6), "heavy equipment and tool rentaf' is allowed as a conditional use in the Industrial zoning district. There are no restrictions on the dimensions of heavy equipment and tool rental within the Industrial zoning district as proposed by the applicant within the MIC zoning district. Since many of the industrial areas are isolated from general public view, compatibility issues are diminished. Comprehensive Plan Policies: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following objective is noted: Future Land Use Element Obiective A-1 - Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate and complies in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. The proposed text amendment will add the storage and rental of heavy construction equipment to the MIC zoning district subject to setbacks and limits on equipment dimensions, and add buffer requirements. The majority of the MIC zoned property in the City is located along Congress Avenue, while some additional properties are located along Wallace Drive and Linton Boulevard. When the MIC zoning district was modified in 1997 several uses were added as conditional uses including lumberyards, parking garages and lots, storage and rental of light construction equipment, monumental and ornamental stone cutting, and rental and sales of Planning and Zoning Board Staff Report LOR Text Amendment - Hunter Crane Page 4 modular buildings. These uses were added to the MIC zoning district with the restriction that any outdoor storage associated with these uses cannot be located within 150' of any property line adjacent to an arterial roadway excluding Interstate 95. The 150' separation requirement was added in response to a concern with respect to the aesthetics of such uses along the City's major roadways. This requirement was included as a necessary buffer for 24'-long, 8'-wide, and 10'-high light construction equipment. The proposed 250'-setback and buffer requirements for heavy construction equipment should be sufficient to mitigate the aesthetic impact of such uses on the City's major roadways. Pursuant to LOR Section 2.4.5(M)(5), in addition to provisions of 1.1.6(A), the City Commission must make a finding that the text amendment is consistent and furthers the goals, objectives, and policies of the Comprehensive Plan. Given the discussion above positive findings with respect to this amendment can be made. ~tJtEltlryt()ytleR~.i1t~.~M~JBj,,~----- -.. _n_ . _ _ __n..'..-.:.:...:...':...;...._::_ ..~:.._:..._ __ - :_:.. -'. r:_.':=...: _ '_ '.' ": .. ..____...."...:.._. _.'. '. -. _ .__ - . . .. .....~. ~J The proposed text amendment was not reviewed by the CRA (Community Redevelopment Agency) or DDA (Downtown Development Authority) since the boundaries of these agencies do not encompass MIC zoned property. Courtesy Notices: Special courtesy notices were provided to the following homeowners and civic associations: 0 PROD 0 President's Council Letters of objection and support, if any, will be presented at the Planning and Zoning Board meeting. --- - --- - - ~ - ~ ~ -~ ~\ ~[ ';, ~~ :, ~ f::;:, \l t~ :\ ~~ W~!; ~:;\ ~L~~~~, t.~o.:i ~ i::;1 ' ~ h~J " ~ ~ ~, . ,,-,',,"" ~-;:.,-~ ~ - "-' L! ~< !>..;,;,\,,"~ _if~ ~~.;M~ ",,=-,~h:_~___~ ~~'" "'-- In 1997 the City of Delray Beach included additional uses in the MIC zoning district and established the appropriate separation of these uses from an arterial road. At that time the City made a distinction between light construction equipment and heavy equipment, the latter an allowed use in the Industrial zoning district. At the direction of the Planning and Zoning Board, the applicant has revised the request to include the storage and rental of heavy equipment as a conditional use in the MIC zoning district. The proposed 250' setback, 6'-high buffer requirements, landscape buffer and perimeter trees should be sufficient to adequately mitigate the impact of these uses within the City. Based on the analysis in the staff report the required findings of lOR section 2.4.5(M)(5) can be made. ~ . c=;~ , ,.,'j; , ~ <C, >"~ "" A. Postpone with direction. Planning and Zoning Board Staff Report LOR Text Amendment - Hunter Crane Page 5 B. Move a recommendation of approval to the City Commission for the text amendment to lOR Section 4.4.19(D)(2)(g) to add the storage and rental of heavy construction equipment not over 100'-long, 14'-wide, and 15'-high as a conditional use in the MIC zoning district by adopting the findings of fact and law contained in the Staff Report and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in lOR Section 2.4.5(M)(5). C. Move a recommendation to the City Commission to deny the request for approval of the text amendment to lOR Section 4.4.19(D)(2)(g) to add the storage and rental of heavy construction equipment not over 100'-long, 14'-wide, and 15'-high as a conditional use in the MIC zoning district by adopting the findings of fact and law contained in the Staff Report and finding that the request is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in lOR Section 2.4.5(M)(5). 1~~~'~~~~~~~~~Y~1 Move a recommendation of approval to the City Commission for the text amendment to lOR Section 4.4.19(D)(2)(g) to add the storage and rental of heavy construction equipment not over 100'-long, 14'-wide, and 15'-high as a conditional use in the MIC zoning district by adopting the findings of fact and law contained in the Staff Report and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in LOR Section 2.4.5(M)(5). Attachments: . Applicant's Proposed Amendment . MIC Location Map Staff Report Prepared by: Scott Paoe. Senior Planner Planning and Zoning Board Staff Report LOR Text Amendment - Hunter Crane Page 6 Proposed Text Amendment to MIC Zoning District (2) The following additional uses are also allowed as conditional uses in the MIC zoning district. However, any outside storage associated with such uses may not be located within one hundred and fifty feet (150') of any property line adjacent to an arterial roadway (excluding Interstate 95); [Amd. Ord. 33-979/23/97] (a) lumberyards; [Amd. Ord. 33-979/23/97] (b) Garages and lots for the parking and storage of vehicles, including the storage of light trucks, up to and including two-ton trucks; [Amd. Ord. 33-979/23/97] (c) Storage and rental of light construction equipment not over twenty-four feet (24') long, eight feet (8') wide, and ten feet (10') high; [Amd. Ord. 33-97 9/23/97] (d) Monument and ornamental stone cutting; [Amd. Ord. 33-97 9/23/97] (e) Rental and sales of modular buildings; [Amd. Ord. 33-979/23/97]; [Amd.Ord. 4-91 1/29/91] ill Towing services, with outside storage. [Amd. Ord. 11/16/99] (q) Storaqe and rental of construction equipment not over one hundred feet (100') lonq. fourteen feet (14') wide, and fifteen feet (15') hiqh provided that each of the followinq requirements are met: i. Anv outside storaqe associated with such use may not be located within two hundred fifty feet (250') of any property line adiacent to an arterial roadway (excludinQ Interstate 95) and; ii. The property is buffered bv a minimum six foot (6') wall or minimum six foot (6') hedQe. However, if the property is surrounded by a public buildinQ. school. park. library. or residential area at the time of conditional use approval. a minimum six foot (6') hedQe in lieu of or in addition to a wall shall be required. iii. Provision of a 10' minimum landscape buffer with trees planted 25' on center around the perimeter of the storaQe area. .;p.R1VAltLY INlnA TEO LDR TEXT A",[NOMENT STORAGE ANO RENTAL Of HEAVY CONSlRUCllON EQUIPMENT 2SO" OUlOOOR SEffiACK RESTRlCnON- IZlIollC AREA 1MlHlN lHE 25ft SElBACK RESlRtCnON III ....C NIF.A - ~ -:il! 1 ::: - -\ ~ ! . .. , -- , . .1 ~ ! · i · ~ I : I : I. .. ., I L , ...... , I ~.~- I : :: i 'J I. ! .. = I .. - : ~ I .~ .... . . .-. .1 .1 ~ I r ... ~ . -. . ~ - I . I _ I I' . , I "e" .. - ~ i I .. J' - = ...."'~..- . ~ ~ ~ -- .. ~p'-i .... 'i.~ 1"1 fl. r. .! I ~ II I j, I : . - OM .. . -.- -- .,. ... ..... .. I ._.._ I.. -- - .. - - - - i .---= 1~~' - = ,u ir~ - ~'f - , I ~J~dE~' :~\":)l , --/-- ~~------~ L:J ~~ ~-~. ----- -~ -; I ~--- ORDINANCE NO. 61-05 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.4.19, "MIXED INDUSTRIAL AND COMMERCIAL (MIC) DISTRICT", SUBSECTION 4.4. 19(D), "CONDITIONAL USES AND STRUCTURES ALLOWED", TO ADD THE STORAGE AND RENTAL OF HEAVY EQUIPMENT AS A CONDITIONAL USE IN THE MIC ZONING DISTRICT; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on July 18, 2005, and voted _ to _ to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.317 4( 4)( c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Section 4.4.19, "Mixed Industrial and Commercial (MIC) District", Subsection 4.4.19(D), "Conditional Uses and Structures Allowed", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (D) Conditional Uses and Structures Allowed: (1) The following uses are allowed as conditional uses within the MIC Zone District: (a) Kennels, no on-site disposal of carcasses; (b) Material and component recovery for reuse, such as the disassembly and resale of computer components, appliances, and electrical components. This does not include resource recovery facilities as described and regulated by Section 4.3.3 (Z); (c) Automobile paint, body, and repair shops; (d) Boat repair and service; (e) Self-Service Storage Facilities (SSSF), pursuant to the provisions set forth in 4.3.3 (A). (2) The following additional uses are also allowed as conditional uses in the MIC zoning district. However, any outside storage associated with such uses may not be located within one hundred and fifty feet (150') of any property line adjacent to an arterial roadway (excluding Interstate 95); (a) Lumberyards; (b) Garages and lots for the parking and storage of vehicles, including the storage of light trucks, up to and including two-ton trucks; (c) Storage and rental of light construction equipment not over twenty-four feet (24') long, eight feet (8') wide, and ten feet (10') high; (d) Monument and ornamental stone cutting; (e) Rental and sales of modular buildings; tefill Towing services, with outside storage. (g) Storage and rental of construction equipment not over one hundred feet (100') long. fourteen feet (14 ') wide, and fifteen feet (15 ') high provided that each of the following requirements are met: 1. Any outside storage associated with such use may not be located within two hundred fifty feet (250') of any property line adiacent to an arterial roadway ( excluding Interstate 95) and: 11. The property is buffered by a minimum six foot (6') wall or minimum six foot (6') hedge. However, if the property is adiacent to a public building. school. park, library, or residential area at the time of conditional use approval. a 2 ORD. NO. minimum six foot (6') high hedge and either a minimum six foot (6') high wall or 6' berm shall be required. 111. Provision of a 10' minimum landscape buffer with trees planted 25' on center around the perimeter of the storage area. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the _dayof ,200_ ATTEST MAYOR City Clerk First Reading Second Reading 3 ORD. NO. ~~ MEMORANDUM TO: David 1. Harden, City Manager THRU: Lula Butler, Community Improvement Director l8 FROM: Kendra W. Graham, Community Development Administrator DATE: July 27,2005 SUBJECT: Community Development Block Grant (CDBG) Five Year Consolidated Plan (2005-2OO9j and Annual Action Plan (FY 2005 - 2006) .).a,a <?An) ITEM BEFORE THE COMMISSION This item is before the City Commission for Public Hearing and approval of the Five Year Consolidated Plan and 2005-2006 Annual Action Plan required by the United States Housing & Urban Development Agency (HUD) for utilization of grant funds. BACKGROUND Pursuant to the Housing Act of 1974, HUD requires all local municipalities and urban counties to prepare local housing plan documents as a condition of receiving federal assistance. Federal Regulation 24 CFR Part 91 governs the local housing plan submission requirements. HUD requires that each municipality and urban county submit a Consolidated Plan every five years. In addition, an Annual Plan is prepared each fiscal year. 24 CFR Part 91 requires the City of Delray Beach to develop viable communities by providing decent housing and a suitable living environment and expanding economic opportunities principally for low and moderate income persons. The City's plan to address these issues must be identified in a one plan document that identifies these goals for all the community planning and development programs, as well as housing programs. The City of Delray Beach's local plan (referred to as "Consolidated Plan") will serve as a planning document, a strategy to be followed in carrying out HUD programs, and documenting the community vision. Citizen participation is integral to the development of the Consolidated Plan. Grantees are required to provide for at least two public hearings per year to obtain the public's views and to respond to proposals and questions. Any comments received from the public which are not accepted must be summarized and included in the final plan as an attachment. The attached Five Year Consolidated Plan identifies community needs, resources, and priorities and the Annual Action Plan provides a description of the City's plan to utilize CDBG funding for activities and programs consistent with the needs delineated in the Five Year Consolidated Plan. RECOMMENDATION Staff is recommending approval of the Five Year Consolidated Plan and Annual Action Plan required by HUD to address the needs identified by the Target Area residents. 'CrD -- - - --- - ---- -- - ~,,\-'ENTO,.e- {: 11111(0) 3-5 Year Strategic Plan ~ IIIII1 .f This document includes Narrative Responses to specific questions G-"9's ....oq'" that grantees of the Community Development Block Grant, HOME -'1", DE'\!\' Investment Partnership, Housing Opportunities for People with AIDS and Emergency Shelter Grants Programs must respond to in order to be compliant with the Consolidated Planning Regulations. ::;;""""'--'-' -- Executive Summary The Executive Summary is optional, but encouraged. If you choose to complete it, please provide a brief overview that includes major initiatives and highlights that are proposed throughout the 3-5 year strategic planning period. 3-5 Year Strategic Plan Executive Summary: The City of Delray Beach became an entitlement city in 1992 for Community Development Block Grant (CDBG) funding through the Department of Housing and Urban Development (HUD). The overall goal of the CDBG program is to develop viable communities by providing decent housing and a suitable living environment and expanding economic opportunities, principally for low- to moderate-income persons. CDBG funds must be spent on projects that meet at least one of the three national objectives: . Benefit low- to moderate-income persons . Removal of slum and blight . Meet an urgent (emergency) community development need One key component of the CDBG Program is the Consolidate Plan, which is a planning document in which the City identifies and prioritizes the community's needs over a five-year period. The Consolidated Plan contains certain specific elements required by HUD - it must address the City's estimated housing needs, homeless needs, other special housing needs, and non-housing community development needs. The Plan must also summarize the City's priority needs, describe the basis for assigning the priorities, set specific goals and objectives and describe how it plans to allocate funds to meet these identified needs. As a CDBG entitlement City, Delray Beach receives funding under a formula allocation from HUD. The City's annual allocation varies, but generally increased from $629,000 in 2000 up to $715,000 in 2003. In the last two years the City's allocation has decreased from $700,000 in 2004 to $663,000 in 2005. This decline is not a reflection of the City's program management, but rather the result of an increase in the number of entitlement jurisdictions throughout the nation without an accompanying increase in federal funding for the CDBG program. 3-5 Year Strategic Plan 1 Version 1,3 Jurisdiction As the funding allocations for the next five years are unpredictable, the 2005-2010 Consolidated Plan has been prepared using the anticipated 2005 allocation as the funding amount for each of the five years covered in the Plan. CDBG program regulations place a 20% "cap" on the amount of funds that can be used to administer the program. Program administration includes staff salaries, the cost of publishing required notices and documents, office supplies, and training/travel expenses. The following table shows the estimated 5-year funds available: Program Year CDBG Allocation Administration Available Program Estimate Expense Fundina Estimate 2005-2006 $663,871 $132,774 $531,097 2006-2007 $663 871 $132,774 $531,097 2007-2008 $663 871 $132,774 $531,097 2008-2009 $663 871 $132,774 $531,097 2009-2019 $663 871 $132,774 $531,097 5-Year Total $3,319 355 $663,870 $2,655,485 Strategic Plan Due every three, four, or five years (length of period is at the grantee's discretion) no less than 45 days prior to the start of the grantee's program year start date. HUD does not accept plans between August 15 and November 15. Mission: The mission of the City of Delray Beach is to create a strong community, foster a high quality of life, promote neighborhood integrity, support sound community and economic development, and safeguard the health, safety and welfare of the City's residents. General Questions 1. Describe the geographic areas of the jurisdiction (including areas of low income families and/or racial/minority concentration) in which assistance will be directed. 2. Describe the basis for allocating investments geographically within the jurisdiction (or within the EMSA for HOPWA) (91.215(a)(1)) and the basis for assigning the priority (including the relative priority, where required) given to each category of priority needs (91.215(a)(2). 3. Identify any obstacles to meeting underserved needs (91.215(a)(3)). 3-5 Year Strategic Plan General Questions response: Demographics/Low Income and Racial/Ethnic Concentrations The heart of Delray Beach's commercial area runs from the Intracoastal Waterway to Swinton Avenue, an area of only about '/2 mile. In the 3/4'S of a mile between 3-5 Year Strategic Plan 2 Version 1.3 ----- JUriSdiction Swinton Avenue and interstate 95 (encompasses the majority of the CDBG target area), the highest concentration of African-American and minority populations exists. The income and ethnic makeup of Delray Beach is typical of other Florida cities. The most affluent and least minority areas are at the beach and on either side of the Intracoastal Waterway. Moving westward the ethnicity becomes more mixes and incomes drop. The City's only Public Housing Authority is located within the CDBG target area. According to the 2000 Census, African-American and minority populations made up 34% of Delray's overall population of 60,020 with the CDBG target area having a minority population of 89%. In addition, the 2000 Census revealed a median household income in Delray Beach of $43,371, with the median household income in the CDBG target area being $29,366. For the purposes of this Plan, racial concentration is defined as an area which has a minority population exceeding 40%. Low-income concentration is defined as an area which has low- to moderate-income households exceeding 50%. The table below illustrates the areas of low-income and minority concentration in the City of Delray Beach: Tract Tract Income Tract Median Census Tract # Minority 0/0 Level Household Income 54.03 3.94% UDDer $93 555 59.09 32.08% Middle $54 563 59.11 4.18% Middle $47 516 59.15 13.88% Middle $47 090 64.01 10.11% Upper $71 667 64.02 5.96% Upper $74 821 65.01 53.31% Middle $46 641 65.02 73.300/0 Low-Mod $37.713 66.02 9.38% UDDer $76 310 66.03 2.49% UDDer $70 057 66.04 50.61 % Middle $46 875 66.05 35.41% Middle $53 977 67 96.880/0 Low-Mod $29.219 68.01 90.840/0 Low $23.666 68.02 93.570/0 Low-Mod $37.781 69.03 16.47% Middle $44 955 69.05 13.28% Upper $71 429 69.06 19.20% Middle $60 243 69.07 19.91% Middle $55 042 69.08 36.71% Middle $44 600 74.01 3.45% UDDer $98 903 74.02 3.80% UDDer $93,781 Source: 2000 U. S. Census 3-5 Year Strategic Plan 3 Version 1.3 JUriSdiction Geographic Allocation of Investments The City of Delray Beach is considered an Entitlement City and our entitlement is directly linked to the City's demographic profile. The City's CDBG target area was designated based on the desire to direct resources and services to areas with the highest concentration of poverty, blighted conditions, and economic problems. Basis for Assigning Priorities The general priorities the City has identified for its five-year Plan provides the vision for the establishment of specific priorities, goals and objectives within each of the following need categories: Affordable Housing, Homelessness, Special Needs, and Non-Housing Community Development. The general priorities are: . To improve existing neighborhoods by constructing infill housing, renovate existing housing, and make infrastructure improvements; . To eliminate conditions detrimental to health, safety, and welfare of citizens within the City; . To encourage private investment and economic growth in eligible neighborhoods. In addition, the City has been engaged in extensive strategic planning activities with community stakeholders over the past several years to identify comprehensive community needs. Residents throughout the City, especially the CDBG target area, have participated in these ongoing efforts to plan for the revitalization and maintenance of the City's civic, social, and physical infrastructure, as well as its economic systems and institutions. As a result, several neighborhood and redevelopment plans have been formulized to revitalize distressed and transitional neighborhoods; improve local schools and service networks; rebuild the downtown area and create additional jobs and commerce; and, improve the relationship among the City's diverse ethnic and cultural groups. The basis for assigning priorities for each category of priority need is based primarily on guidelines provided by U. S. Department of HUD (Source: "Guidelines for preparing A Consolidated Plan Submission for Local Jurisdictions" at htto: / /www.hud.gov /offlces/cod/about/conolan/toolsandguidance/guidance/guideline s.odf). Obstacles to Meeting Underserved Needs In determining project activities, the primary obstacle to meeting underserved needs is the availability of resources. In addition, some needs are not met because of choices to fund one set of priority needs versus another. The lack of decent, affordable housing is a major problem throughout Palm Beach County due mainly to rapidly escalating land and construction costs. Explosive growth fueled by the areas natural amenities (warm weather, beaches, etc.) has created a dearth of existing affordable homes for purchase or rent. In addition, within the City of Delray Beach, lack of buildable, conforming, platted lots in affordable neighborhoods; many individuals seeking assistance do not have clear title to property; and limited funds for Section 8 assistance and other rental assistance programs are all obstacles to the lack of affordable housing. 3-5 Year Strategic Plan 4 Version 1.3 JUrisdiction Lack of adequate public and private funds to provide ongoing financial support, case management, and maintenance for shelters are all obstacles to meeting the underserved needs of the homeless and special needs population. In addition, "Not in my back yard" or "NIMBY" may be encountered when evaluating potential site locations. Managing the Process (91.200 (b)) 1. Lead Agency. Identify the lead agency or entity for overseeing the development of the plan and the major public and private agencies responsible for administering programs covered by the consolidated plan. 2. Identify the significant aspects of the process by which the plan was developed, and the agencies, groups, organizations, and others who participated in the process. 3. Describe the jurisdiction's consultations with housing, social service agencies, and other entities, including those focusing on services to children, elderly persons, persons with disabilities, persons with HIV/AIDS and their families, and homeless persons. *Note: HOPWA grantees must consult broadly to develop a metropolitan-wide strategy and other jurisdictions must assist In the preparation of the HOPWA submiSSion. 3-5 Year Strategic Plan Managing the Process response: The City of Delray is an Entitlement City that receives funding from HUD through the Community Development Block Grant Program. The City's Community Improvement Department/Community Development Division is responsible for overssing the development of the Consolidated Plan and for implementing the Community Development Block Grant Program. The City provides technical assistance to individuals, businesses, and agencies participating in the CDBG program and works with them in the development and coordination of new programs and services to meet the housing and service needs of the community. Included in this technical assistance is an ongoing effort to avoid duplication of services and maximize local resources. Community Development Division staff developed the Consolidated Plan through analysis of demographic data, consultation with community groups and concerned citizens, meetings with individual contacts, consultation with public and private agencies, and discussions with other governmental agencies. Representatives of the following agencies either attended meetings, or were contacted individually for input: The Delray Beach Housing Authority, The Delray Beach Community Redevelopment Agency, The Delray Beach Community Development Corporation, Aid to Victims of Domestic Abuse, The Center for Technology, Enterprise and Development, Boys and Girls Club of Palm Beach County, Community Child Care Center, Community Financing Consortium, Community Food Pantry Program, Delray Beach Merchant's Association, Habitat for Humanity of Delray Beach, Homeless Coalition of Palm Beach County, Fair Housing Center of the Greater Palm Beaches, The Delray Beach Chamber of Commerce, Urban League of Palm Beach County, Palm Beach County Health Department, Palm Beach County Weed & Seed, City of Delray Beach Planning and Zoning Department, Palm Beach County Department of Housing and Community 3-5 Year Strategic Plan 5 Version 1.3 JUriSdiction Development, City of Boynton Beach Community Improvement Department, and the City of Boca Raton Community Improvement Division. In addition, information was extracted from the following sources: U. S. Department of HUD, 2000 U. S. Census, Palm Beach County Planning Division, Regional MLS, Inc., City of Delray Beach Local Housing Assistance Plan and the Census and Survey of the Homeless Population in Palm Beach County, Florida. The City has formal partnership agreements in place with many of the community partners listed above. Joint planning activities occur on an ongoing basis to develop collaborative projects and initiatives consistent with strategic community objectives. The City provides direct funding for many of the programs and services provided by the partner agencies and is directly involved in the monitoring and oversight of those programs and activities. The City has worked very closely with the Delray Beach Public Housing Authority and the Community Redevelopment Agency to plan and implement affordable housing projects and initiatives. The City meets regularly with the board of directors of both agencies, and has formed joint planning committees and task forces to develop specific plans to address the areas most pressing housing needs. Among the current initiatives being collaboratively planned and/or implemented are the development of a Community Land Trust to promote affordable housing development, a redevelopment plan for the City's own public housing complex, the Southwest Neighborhood Redevelopment Plan, the West Settlers Historic District Revitalization, the Downtown Master Plan, and the RACE initiative. Citizen Participation (91.200 (b)) 1. Provide a summary of the citizen participation process. 2. Provide a summary of citizen comments or views on the plan. 3. Provide a summary of efforts made to broaden public participation in the development of the consolidated plan, including outreach to minorities and non- English speaking persons, as well as persons with disabilities. 4. Provide a written explanation of comments not accepted and the reasons why these comments were not accepted. *Please note that Citizen Comments and Responses may be included as additional files Within the CPMP Tool. 3-5 Year Strategic Plan Citizen Participation response: The City of Delray Beach's City Commission delegates responsibility for the preparation of the Consolidated Plan to the Community Improvement Department/Community Development Division. The Community Development Division is responsible for administering the City's housing and neighborhood services programs and develops and manages most contracts with outside agencies and provide housing and social services to residents throughout the City. The City has adopted and follows a Citizen Participation Plan. For the past several years the City has been engaged in strong and vital planning initiatives with citizens, non-profit organizations, and other community stakeholders 3-5 Year Strategic Plan 6 Version 1.3 J u r1sd Ictlon to improve housing, economic development, and livability conditions throughout the City. Particular emphasis has been placed on involving residents within the CDBG target area in these planning processes. The City has worked very closely with neighborhood associations and other community organizations to ensure that the planning processes reflect the priorities of those most impacted. In addition, several grassroots planning bodies have been established to create opportunities for ongoing stakeholder involvement, including: The West Avenue Task Team - a planning body consisting of representatives from all the neighborhood associations and community organizations; as well as the City City Commission appointed 16 member Neighborhood Advisory Council. Both groups wee provided the opportunity to review the plan and provide input. Specific recommendations offered by community stakeholders include: . Continue to develop and nurture collaborative relationships among community stakeholders and provide coordinated support and technical assistance to residents, neighborhoods associations and other community groups; . Develop mechanisms to keep the community informed about implementation progress, changes, or setbacks related to community revitalization initatives; . Develop partnerships between the City, the County, the CRA, and the Delray Beach Housing Authority, and other appropriate community stakeholders to provide for maximum leveraging of public resources; . Cultivate and coordinate resources for property acquisition and land banking to accommodate the infill development, and redevelopment strategies outlined in community revitalization strategic plans; . Develop programs that minimize gentrificaton and displacement and gives residents in areas slated for redevelopment priority when selecting potential tenants and/or homeowners for new and rehabilitated units; and . Continue to work with local nonprofit partners and employ creative strategies such as the community land trust and inclusionary zoning to maintain the affordability of housing units. In addition, neighborhood associations were notified of the date, time, and location of public hearings held on needs assessments of the community. The first needs assessment/public hearing was held at Pompey Park, 1101 NW 2nd Street on June 30th at 6:30 p.m. As a result of the meeting a final draft of the Consolidated Plan was completed and made available for public comment between July 1, 2005 and August 1, 2005. A second public hearing was held on August 2, 2005 at the City of Delray Beach City Commission Chambers, 100 NW 1st Avenue at 7:00 p.m. before final adoption of the Plan. The meetings allowed groups and individuals the opportunity to identify community housing and non-housing needs and to obtain the views of the citiziens, public agencies, and other interested parties. No comments were received at either public hearing. Institutional Structure (91.215 (i)) . 1. Explain the institutional structure through which the jurisdiction will carry out its consolidated plan, including private industry, non-profit organizations, and public institutions. 2. Assess the strengths and gaps in the delivery system. 3. Assess the strengths and gaps in the delivery system for public housing, including a description of the organizational relationship between the jurisdiction and the 3-5 Year Strategic Plan 7 Version 1.3 JUriSdiction public housing agency, including the appointing authority for the commissioners or board of housing agency, relationship regarding hiring, contracting and procurement; provision of services funded by the jurisdiction; review by the jurisdiction of proposed capital improvements as well as proposed development, demolition or disposition of public housing developments. 3-5 Year Strategic Plan Institutional Structure response: The Consolidated Plan is to be carried out through a network of public, private, and non-profit organizations, many of which participated in the public participation process of the five-year plan. The City's Community Improvement Department has been working with these agencies to construct affordable housing, improve neighborhoods, and establish services for all segments of the City's population. Noted strengths of the delivery system of housing and community development programs include the number of lenders and financial institutions participating in the First-time Homebuyers Program, and the number of foundations and non-profit agencies in the community actively participating in a variety of activities benefiting the community. Some gaps and weaknesses in the delivery system include lack of builders engaged in construction and rehabilitation of affordable housing, no Community Housing Development Organizations (CHDOs) in the City and lack of contractors and subcontractors owned by minority and/or women. The City works very closely with the Delray Beach Housing Authority (DBHA), which manages the only public housing complex and the local section 8 program. The DBHA is a public housing authority separately chartered under State law responsible to a Board of Directors. The City of Delray Beach City Commission appoints the seven-member Board of Directors for the DBHA. The DBHA Board hires its own executive director, who is responsible for hiring, contracting and procurement, provision of services, review of proposed development sites, and comprehensive planning of the public housing authority. The DBHA submits a Public Housing Agency Plan which details the housing authority's plans for the next five years and their priorities. That plan is incorporated in this plan by reference. Over the years the City Commission has supported the DBHA in a number of ways including providing funds for infrastructure improvements within the DBHA complex and providing funds to assist with the acquisition of property adjacent to the DBHA property for future expansion. Construction or demolition projects initiated by the DBHA are subject to the City's permitting and inspection process. One of the strengths of the DHBA is the longevity of its administrative personnel. The Executive Director (formerly the Community Development Administrator for the City) has held that position for 10 years. This provides program continuity and stability. The largest gap for the DHBA is the need for additional affordable housing both in their Section 8 voucher program and in public housing. The DBHA maintains a waiting list for their facilities, adding names until the estimated wait to obtain housing reaches one year. At that point no additional names are added until the list is substantially reduced. The waiting list currently has 80 people on it and has been closed since January, 2000. 3-5 Year Strategic Plan 8 Version 1.3 JUriSdiction Coordination activities will be enhanced through the implementation of several joint planning activities involving the City, DBHA, non-profit CDC's and the Community Redevelopment Agency. Of note will be efforts to demolish and redevelop the Carver Estates public housing complex, create senior housing projects within the CDBG target area, development of a Community Land Trust and a newly enacted Workforce Housing Ordinance (creating inclusionary zoning districts). Monitoring (91.230) 1. Describe the standards and procedures the jurisdiction will use to monitor its housing and community development projects and ensure long-term compliance with program requirements and comprehensive planning requirements. 3-5 Year Strategic Plan Monitoring response: The City of Delray Beach Community Development Division has all monitoring responsibilities for the Community Development Block Grant Program. Agencies or individuals that undertake projects and activities with Federal funds made available through the City are required to sign agreements outlining the scope of work to be accomplished and all the related statutory and regulatory requirements. The agreements allow the City to do site inspections and also review financial or other records as needed to determine compliance. In addition, the Community Development Division monitors subrecipients on an annual basis to ensure compliance with federal regulations. Priority Needs Analysis and Strategies (91.215 (a)) 1. Describe the basis for assigning the priority given to each category of priority needs. 2. Identify any obstacles to meeting underserved needs. 3-5 Year Strategic Plan Priority Needs Analysis and Strategies response: The basis for assigning priorities to need is discussed under each category of priority need. Generally, the assignment of priorities is influenced by the following guidelines provided by HUD: High Priority: Activities to address this need will be funded by the City with federal funds, either alone or in conjunction with the investment of other public or private funds during the next five years. Medium Priority: If funds are available, activities to address this need may be funded by the City with federal funds either alone or in conjunction with the investment of other public or private funds during the next five years. Low Priority: The City will not fund activities to address this need during the five year period. The City will consider certifications of consistency for other entitites' application for Federal assistance. 3-5 Year Strategic Plan 9 Version 1.3 JUriSdiction No Such Need: Either the need is already addressed, or is not considered to be a need. Therefore, the need level ratings do not reflect the actual urgency of the need; rather, they reflect the probability that federal funds will be available to meet that need. As is the case for most communities, the primary obstacle to meeting underserved needs is lack of available resources. However, a more detailed explanation is given under each priority needs section. Lead-based Paint (91.215 (g)) 1. Estimate the number of housing units that contain lead-based paint hazards, as defined in section 1004 of the Residential Lead-Based Paint Hazard Reduction Act of 1992, and are occupied by extremely low-income, low-income, and moderate-income families. 2. Outline actions proposed or being taken to evaluate and reduce lead-based paint hazards and describe how lead based paint hazards will be integrated Into housing policies and programs. 3-5 Year Strategic Plan Lead-based Paint response: Any house or apartment built before 1978 may contain lead-based paint. According to HUD methodology, which was developed to be used by the nation, 90% of houses built prior to 1940 used lead-based paint; 80% of homes built from 1940 through 1959 used lead-based paint, and 62% of homes built from 1960 through 1979 used lead-based paint. According to the 2000 Census, in the City of Delray Beach there were a total of 11,697 homes built during the years when the use of lead-based paint was prevalent. Using HUD methodology, lead hazards exist in an estimated 9,825 units or 37% of the occupied housing units in Delray Beach. Since it is unknown how many of these have been demolished over the years and/or abated through the removal of lead-based paint, the number of housing units at risk may be overstated. The 2000 Census revealed that 23% of all homes in the City of Delray Beach are occupied by low- and extremely low-income residents. Another 18% are occupied by moderate-income residents. Based on this, approximately 2,260 homes with lead hazards are occupied by low and extremely low-income residents. Moderate-income residents occupy approximately 1,769 homes with lead hazards. In addition to developing these estimates, City staff contacted the Palm Beach County Health Department for information. The Health Department provided information tabulated and reported by zip code. An examination of the 4 zip codes within the City's jurisdiction for the period 1/1/2000 through 4/15/2005 indicated 84 confirmed cases of children with elevated blood lead levels. Of the 84 cases for whom race or ethnicity was reported, the majority were non-Hispanic, African- American males. Also, the largest number of reported cases was located in the 33444 zip code which encompasses the CDBG target area. The City implements its housing related activities in a manner which assesses the lead-based paint risk for the traditional target population (i.e. at risk children under 7 years of age). When providing assistance under its housing programs, the City 3-5 Year Strategic Plan 10 Version 1.3 --- - ~ - ------ JUrisdiction provides all clients and potential clients with the "Lead-Based Paint" pamphlet that describes hazards of lead-based paint. The City utilizes the services of a certified lead-based paint professional to conduct lead inspections and risk assessments. In addition, the City created an awareness of and promotes to local contractors the "Lead-Safe Work Habits" training. ~~ ...., ~'\- 'i:""- -"~~~1~'~~~.~~_ " Housing Needs (91.205) *Please also refer to the Housing Needs Table in the Needs.xls workbook 1. Describe the estimated housing needs projected for the next five year period for the following categories of persons: extremely low-income, low-income, moderate-income, and middle-income families, renters and owners, elderly persons, persons with disabilities, including persons with HIV/AIDS and their families, single persons, large families, public housing residents, families on the public housing and section 8 tenant-based waiting list, and discuss specific housing problems, including: cost-burden, severe cost- burden, substandard housing, and overcrowding (especially large families). 2. To the extent that any racial or ethnic group has a disproportionately greater need for any income category in comparison to the needs of that category as a whole, the jurisdiction must complete an assessment of that specific need. For this purpose, disproportionately greater need exists when the percentage of persons in a category of need who are members of a particular racial or ethnic group is at least ten percentage points higher than the percentage of persons in the category as a whole. 3-5 Year Strategic Plan Housing Needs response: Cost Burden Housing costs for homeowners in Delray Beach are just slightly lower than in Palm Beach County as a whole. According to the 2000 Census, the median value of a home in Delray Beach was $127,700 compared to $135,200 for Palm Beach County. Renters, however, paid more on average in Delray Beach than renters in the County ($807 versus $739). In addition, more households owned their housing units (69.7%) while 30.3% rented. Many households in the City are what HUD defines as cost burdened (i.e., pay more than 30/% of monthly gross income for housing expenses) . This varies by income level, household type, age, minority status, and tenure (whether one rents or owns). Extremely Low-Income ( <=30% MFI) Currently 30% of median income for a four person household in Delray Beach is $18,850; at the time of the U. S. Census it was $17,000. In 2000, 3090 (or 11.6%) of all households in the City had incomes in the extremely low-income category. Of the total households in this category, 71% were cost burdened and 54% were severely cost burdened. Most extremely low-income owners were cost burdened (72%) with 53% severely cost burdened. Renters in this category fared slightly 3-5 Year Strategic Plan 11 Version 1,3 ---- -- --- --- JUriSdiction better than owners with 69% of renters cost burdened and 55% severely cost burdened. Low-Income (>30% to <=50% MFI) Currently 50% of median income for a four person household in Delray Beach is $31,400; at the time of the U. S. Census it was $28,300. In 2000, 3132 or (11. 7%) of all households in Delray Beach had incomes in the very low-income category. Of these households, 65% were cost burdened and 33% were severely cost burdened. Most very low-income owners (72%) were cost burdened with 53% severely cost burdened. Renters in this category fared slightly better than owners with 69% of renters cost burdened and 55% severely cost burdened. Moderate-Income (>50% to <=80% MFI) Currently 80% of median income for a four person household in Delray Beach is $50,250; at the time of the 2000 U. S. Census it was $45,300. In 2000, 17.4% of all households in the City had incomes in the moderate-income category. Of these households, 43% were cost burdened and 12% were severely cost burdened. 37% of owners were cost burdened in 2000, with 11% severely cost burdened. While most renters in thiS income category were cost burdened (54%), fewer (15%) were severely cost burdened. Housina TVDe Renters As shown above, renters are more likely to be cost burdened than owners, regardless of income. With regard to household type, small households (defined by the Census as 2-4 persons) are the most cost-burdened. HUD normally relies on incomes listed by family size for the Metropolitan Statistical Area (MSA) as a definition of affordable. In 2005, a household at thirty percent of the median income should spend no more than $471/month on housing ($18,805 -:- 12 months X 30%). A survey of rental apartments in the "Del ray Beach" area revealed the following: Income Maximum Maximum Actual Average Monthly Category /0/0 of Income for Affordable Mean Rents Median 4 Person Rent Unit Size Unit Cost Household Extremely Low 30% of median $18 350 $471 1 Bdrm. 1022 Very Low 31-50% of median $31 400 $785 2 Bdrm. $1 307 Low 51-80% of median $50 250 1256 3 Bdrm. 1432 Source: If the average (mean) rent is assumed to be representative, the above chart shows that essentially no apartments are affordable to extremely low- and low-income renters. 3-5 Year Strategic Plan 12 Version 1.3 JUriSdiction Owners Low-income owners are also cost burdened. According to the 2000 CHAS Data, a total of 3,275 (or 51% of Delray Beach homeowners) had a cost burden of 30% or more. Actual Median Sales Price** Income Maximum Maximum Maximum Category 10/0 Income Affordable Affordable Delray East Delray Central of Median for 4 Monthly Home Beaches Beach Delray Person Mortgage Price* (east of (Intracoastal Beach Household Payment Intracoastal) west to (1-95 1-95) west to turnDike 1 Extremely Low (30% $18,500 $471 $39,000 >$500,000 $323,500 $209,400 of median) Very Low (31-50% of $31,400 $785 $80,000 median) Low (51-80% of $50,250 $1,256 $150,000 median) *Assumptlons: 5% down payment, 6% Interest, 30 year mortgage, and $250-$400 for tYPical taxes, Insurance and homeowner's association fees depending on income range. **Reglonal MLS, Inc. 3rd Quarter "Economic Market AnalysIs Watch Report" As shown on the above chart, the median sales price of homes sold in the Delray Beach area during the third quarter of 2004 exceed the amount affordable to the low-income population. The property tax situation adds to the cost burden on homebuyers. Florida's "Save Our Homes" legislation keeps residential property taxes artificially low for long-term owners, while penalizing buyers when a home is sold. This also makes current homeowners hesitant to "move up," decreasing the supply of homes on the market and thus adding to the upward swing in prices. Sales Price of 2005 Value Home in 2000 $150 000 $354 000 Source: March 27, 2005 Palm Beach Post article by Barbara Marshall, "Property Owners' Taxing Problem" The private supply of low- to moderate-income housing in Delray Beach is almost non-existent because of the extremely high cost of land. One component of the City's CDBG program has been housing rehabilitation for extremely low-, low-, and moderate-income owner-occupants. While rehabilitation helps preserve the existing stock of affordable housing, it does not increase the supply. 3-5 Year Strategic Plan 13 Version 1.3 JUriSdiction Since 1992, the City has received SHIP funds from the State of Florida. These funds are primarily used to provide purchase assistance to low- and moderate-income first- time homebuyers. Under the program, buyers must obtain a first mortgage that has a monthly payment no more than 35% of monthly income, and a SHIP second mortgage provides gap financing for the balance needed. Demand for the program is high, and the number of families assisted is limited by the amount of funds received from the State. Over the past several years, the City's SHIP program has suffered from the rapid escalation in home sales prices and the cost of land in our area. Most families assisted during this time were families who already had vacant lots or who were able to obtain vacant lots at a somewhat reasonable price and use one of the Housing Renaissance Partnership's participating contractors to construct the home. Very few families were able to locate existing homes within the program guidelines even with the maximum subsidy award (currently ($35,000). 5Decial Needs PODulation Although no data is available to accurately assess the number of persons who require supportive housing, this section assesses the needs primarily in a qualitative fashion, providing statistics when available. Special needs populations include the elderly, frail elderly, persons with disabilities (mental, physical, developmental), persons with alcohol or other drug addition, and those with HIV/AIDS. Agencies addressing the needs of these populations are included in the "Special Needs Housing" section of the Housing Market Analysis. Elderlv Persons aged 65 and over in Delray Beach constituted 25% of the population in 2000. The frail elderly population, generally considered those aged 75 and older, composed 15%. According to the 2000 Census, a lower percentage of elderly households (47%) own their homes in comparison with non-elderly households (54%) in Delray Beach. Elderly households (34%) are not disproportionately represented in any income category when compared to total non-elderly (36%) households. HIV / AIDS The availability of decent affordable housing was identified as the primary concern for people living with HIV/AIDS in Palm Beach County in the Palm Beach County HIV/AIDS Housing Plan produced by AIDS Housing of Washington (pursuant to a contract with the City of West Palm Beach), the HOPWA Grantee for PBC). The Plan provided a framework for assisting and planning for the housing needs of people living with HIV/AIDS. Supportive services including assistance with food and nutrition, substance use, mental health issues and education/employment programs were also identified as needs. As part of their assessment process, AIDS Housing of Washington conducted a survey of 897 persons living with HIV/AIDS. Although specific data for Delray Beach is not available, the survey yielded the following findings applicable to the County: . 59% of respondents reported incomes below poverty level . More than 33% had been homeless at some point in the past . More than 20% said they did not have enough money for a security deposit and first and last month's advance rent needed to obtain rental housing . 18% were on a waiting list for rental assistance 3-5 Year Strategic Plan 14 Version 1,3 JUriSdiction . 28% paid more than 50% of their monthly income for housing costs . 13% paid between 30-50% of their monthly income for housing costs Disabled Disabled PODulation bv Race & Ethnicitv Race Ethnicity Total Other Hispanic Non- Statistic Population Disabled White Black Asian Race HisDanic Total Number 60,020 13 ,496 9,069 3,601 90 699 976 12,520 Total Percent 100% 22.5% 67.2% 26.7% 0.7% 5.2% 7.2% 92.8% Source: u. S. Dept. of HUD (www.hud.qov/offlces/cod/svstems/census/cdbqdlsabled2index.cfm) The proportion of the disabled population that is constituted by each racial group does not differ much from each group's proportion of the population overall. Income and Housing Cost Burden for Households including Person(s) with Disabilities Aae 15+ 2000 Income as Percentaae of Income SDent on Housina Percentage of AMI Area Median Income) 0-29.9% 30-39.9% 40-49.9% 50-74.9% 75+0/0 Total 0-30% Number 400 164 109 255 495 1,423 (ext. low) Percent 28.1% 11.5% 7% 17.9% 34.8% 100% 30.1-50% Number 454 319 245 285 230 1,248 (very low) Percent 36.4% 25.6% 19.5% 22.8% 18.4% 100% 50.1-80% Number 1,150 390 195 155 44 1,923 (low) Percent 59.8% 20.3% 10.1% 8.1% 1.7% 100% Number 9,140 345 110 85 35 9,715 80.1+% Percent 94.1% 3.6% 1.1% .09% .04% 100% Number 11,144 1,218 659 780 793 14,549 Total Percent 76.6% 8.4% 4.5% 5.4% 5.5% 100% Source: Florida Housing Data Clearinghouse The above table displays cost burden regarding disabled households. The data is not broken down in the same exact categories as in the CHAS table (e.g., both owners and renters are included), some comparisons with the overall population may be made. For example, 23.8% of all households containing a disabled person (i.e. regardless of income) are cost burdened, while this is true for 30.2% of the City's population overall. 10.9% of all households containing a disabled person are severely cost burdened, while this applies to 18.1% of Delray Beach's population overall. The incidence of cost burden is of course highest in the lower income categories. Public Housing Residents Please refer to "Needs of Public Housing" and "Public Housing Strategy" section of the Plan. 3-5 Year Strategic Plan 15 Version 1.3 JUriSdiction Housina Condition Substandard Housing The City does not track the number of substandard housing units within the City. However, 2000 Census records show that of the 26,757 occupied housing units, 102 renter-occupied units and 57 owner-occupied units, lack complete plumbing facilities and 69 owner-occupied units and 64 renter-occupied units lack complete kitchen facilities. The Census Bureau definition of "substandard" is units lacking complete plumbing and kitchen facilities. 18 rental units and 7 owner-occupied units that lack complete plumbing and kitchen facilities also suffer from overcrowding with 1.51 or more occupants per room (Source: 2000 Census H22 and H51) The City has emphasized its commitment to maintaining the quality of the housing stock through its housing rehabilitation program. The City utilizes CDBG and SHIP funds to provide deferred payment rehabilitation grants of up to $25,000 to eligible very low-, low-, and moderate-income homeowners. Overcrowd i ng Overcrowding in housing terms occurs when the number of residents exceeds one person per room. 2000 Census records (Source: 2000 Census H21) shows that 4% of owner-occupied and 11% of renter-occupied households are overcrowded and that 2% of the owner-occupied and 5% of renter-occupied households are overcrowded at a rate of 1.51 people or more per room. DisDroDortionate Need bv Racial or Ethnic GrouD Data from the CHAS Databook was analyzed to determine if racial or ethnic groups experienced a disproportionately greater need for any income category in comparison to the needs of that category as a whole. HousmQ TVDe and Race in 2000 Percent of Total Percent of Owner Percent of Renter Racial Group Households Households Households White 78.8% 84.4% 66% African-American 16.7% 12.9% 25.6% American Indian or Alaska Native 1% .1% .2% Asian or Hawaiian or Other Pacific Islander 0.9% .6% 1.6% Other Race/Two or More Races 3% 1.9% 6.6% Source: 2000 U. S. Census 3-5 Year Strategic Plan 16 Version 1.3 J U r1sd Ictlon Income Level of Renters b Racial Group White African-American His anics Racial Group White African-American His anics All Households *The number of households In the other racial categories is insignificant. Source: 2000 CHAS Data, U. S. Dept. of HUD As shown in the tables above, minority groups are disproportionately represented among the lowest income households in Delray Beach, which impacts their ability to access housing they can afford. Priority Housing Needs (91.215 (b)) 1. Identify the priority housing needs in accordance with the categories specified in the Housing Needs Table (formerly Table 2A). These categories correspond with special tabulations of U.S. census data provided by HUD for the preparation of the Consolidated Plan. 2. Provide an analysis of how the characteristics of the housing market and the severity of housing problems and needs of each category of residents provided the basis for determining the relative priority of each priority housing need category. Note: Family and income types may be grouped in the case of closely related categories of residents where the analysis would apply to more than one family or Income type. 3. Describe the basis for assigning the priority given to each category of priority needs. 4. Identify any obstacles to meeting underserved needs. 3-5 Year Strategic Plan Priority Housing Needs response: The HUD Housing Needs Table describes the unmet housing needs and the priorities assigned following HUD's guidelines, which base assignment of priorities on funding availability. The table shows the number of households with housing problems. The data presented is for both renters and owners in each income category (extremely low-, low-, and moderate-income). The information in the table is based on the 2000 CHAS Tables discussed earlier. 3-5 Year Strategic Plan 17 Version 1.3 JUrisdiction The assignment of priorities in the "Priority Need" column is influenced by the following guidelines provided by the U. S. Department of HUD (Source: "Guidelines for Preparing A Consolidated Plan Submission for Local Jurisdictions" at http: / /www.hud. gov / offices/cod/about! con olan/toolsa ndgu Ida nce/ gu ida nce/ 9 u idel i ne s.pdf): High Priority: Activities to address this need will be funded by the City with federal funds, either alone or in conjunction with the investment of other public or private funds during the next five years. Medium Priority: If funds are available, activities to address this need may be funded by the City with federal funds either alone or in conjunction with the investment of other public or private funds during the next five years. Low Priority: The City will not fund activities to address this need during the five- year period. The City will consider certifications of consistency for other entities' applications for Federal assistance. Based on the above guidance. the need level ratings do not reflect the actual urgencv of the need; rather. they reflect the orobability that federal funds will be available to meet that need. The "Goals" columns, per HUD instructions, are to be filled in piecemeal as each Annual Action Plan is submitted. In accordance with HUD guidance, the numbers entered in the goals columns indicate "the number of households to be assisted with housing with funding from all sources" during the period covered. This applies only to households not currently receiving assistance. The basis for the figures entered in the "year 1" (2005-2006) section is as follows: . The only assistance to renters available in Delray Beach is through the Delray Beach Housing Authority (DBHA), via their public and Section 8 housing complexes, senior citizen complex, and Section 8 tenant-based rental assistance program. Even if there is turnover of existing units, allowing a new family to move off the waiting list, this is not counted as an additional housing unit. Since HUD has not increased the number of vouchers issued, no increase in assisted rental units is expected. Thus, zero was entered into the table for all sections pertaining to renters. . The SHIP first-time homebuyers program is funded by the State of Florida. If current levels of funding continue, the program is expected to assist 10 families per year to purchase homes (50 over five years). Extremely low-, low-, and moderate-income households are eligible for this program. They were placed in various sections of the table, but were ranked "medium" priority because SHIP funding is from the State, not from a federal source (see priority level definition above). . The housing rehabilitation program is funded by CDBG and SHIP respectively. This program is expected to keep an average of 10 units per year from becoming dilapidated and eventually lost to demolition. The ten units were placed in various sections of the table. 3-5 Year Strategic Plan 18 Version 1.3 JUriSdiction . The Bootstrap Program is funded with City general fund dollars. This "streetscape" program provides homeowners with matching dollars to make exterior repairs. Based on income, the homeowners receive the funds as a grant, or as a 60/30, 40/70, or 50/50 match with City dollars. Extremely low- , low-, and moderate-income households are eligible for this program. The program is expected to assist 8 homeowners (40 over five years) per year. Again, they were placed in various sections of the table, but were ranked "medium" priority because assistance is provided from City funds. The HUD Housing Market Analysis Table is also derived mostly from CHAS data. It contains information on the City's housing stock inventory. The figures in the "Affordability Mismatch" section are derived from a CHAS Table showing occupied and vacant units by bedroom size, for renters and owners in 2000. The rent figures indicate the amount of rent that is considered affordable by HUD; these amounts are lower than the current average rents in our area that were reviewed in the Housing Market Analysis section of this document. The data on public housing units was obtained from the Delray Beach Housing Authority. Obstacles to meeting underserved housing needs are a lack of resources, high land costs, and the rapidly escalating cost of housing. Housing Market Analysis (91.210) *Please also refer to the Housing Market Analysis Table In the Needs.xls workbook 1. Based on information available to the jurisdiction, describe the significant characteristics of the housing market in terms of supply, demand, condition, and the cost of housing; the housing stock available to serve persons with disabilities; and to serve persons with HIV/AIDS and their families. 2. Describe the number and targeting (income level and type of household served) of units currently assisted by local, state, or federally funded programs, and an assessment of whether any such units are expected to be lost from the assisted housing inventory for any reason, (i.e. expiration of Section 8 contracts). 3. Indicate how the characteristics of the housing market will influence the use of funds made available for rental assistance, production of new units, rehabilitation of old units, or acquisition of existing units. Please note, the goal of affordable housing is not met by beds in nursing homes. 3-5 Year Strategic Plan Housing Market Analysis responses: Inventorv. Condition and Cost of Housina Data from the 2000 Census indicated 31,702 housing units in the City of Delray Beach, with 26,787 occupied and 4,915 vacant. Of the total occupied units, 18,678 or 69.7% were owner-occupied units and 8,109 or 30.3% were rental units. The 4,915 vacant units consisted of 687 for rent, 283 for sale, 3483 for seasonal, recreational and occasional use, and 462 as other. According to 2000 Census statistics, over 87% of the City's housing stock has been added since 1960. A review of the City's land records management system show that 1389 building permits for housing were issued from 2000-04 for 2,112 units. Another 686 units added due to annexation were built after 1970. Taking the above 3-5 Year Strategic Plan 19 Version 1.3 JUriSdiction into account, it appears that a majority of the City's current housing units were build since 1970. Thus, most of the units are well maintained and In good condition. The 2000 Census indicated that 159 units lacked complete plumbing facilities, while 133 units were without complete kitchen facilities. The Census bureau reported that just 6.4% of occupied units were overcrowded ("overcrowded" is defined as more than one occupant per room). Number of Buildina Permits Issued 2000-2004 Multi-Familv Calendar Year Single Family Duplex Permits Units 2000-01 364 1 9 140 2001-02 299 0 25 300 2002-03 430 1 8 174 2003-04 241 3 3 154 Totals 1334 5 50 768 Source: City of Delray Beach BUilding DIvISion At the time of the 2000 Census, multi-family units constituted 52% of all residential units in Delray Beach, while 47% of the City's housing units were single family. According to the Census (Summary File 3), in 2000, 37% of all houses in Delray Beach were valued below $100,000, with 39% of all homes valued between $100,000 and $200,000. An additional 9% of all homes were valued between $200,000 and $300,000 with the remaining 15% valued in excess of $300,000. Increase in Median Safes Price in Defray Beach 1995-2004 Single Single Family Family Condo Condo Total Total Year Sales Median Sales Median Sales Median 1995 652 $122,250 690 $58 000 1342 $82 450 1996 665 $125,000 800 $58 000 1465 $80 000 1997 716 $138,000 886 $63 750 1602 $87 300 1998 842 $142,250 836 $60 000 1678 $92 600 1999 785 $156,000 897 $64 900 1682 $95 000 2000 714 $168,300 1142 $72 750 1856 $108,500 2001 712 $189,588 1376 $90 000 2088 $125,000 2002 757 $205,000 1394 $100,500 2151 $135,000 2003 870 $275,000 1516 $131,188 2386 $185,000 2004 870 $285,000 1031 $159,000 1901 $237,500 Source: 5-22-05 Palm Beach Post and http://www.palmbeachpost.com 0/0 Price Change Single Familv Condo Total 1995 to 1999 27.6% 11.8% 15.2% 2000 to 2004 69.3% 118.5% 118.8% 1995 to 2004 133.1% 174.1% 188.0% According to the Florida Association of Realtors, the median price of existing homes in Palm Beach County in March 2005 was $371,500, a 37% increase over the March 2004 median of $272,100 ("Palm Beach County Median Home Resale Soars Past $370,000" p. i-A, April 26, 2005 Palm Beach Post article by Stephen Pounds.) The 2000 Census indicated that just 6.7% of gross rents charged were under $500, 3-5 Year Strategic Plan 20 Version 1.3 ------- J U r1sd Ictlon 27% were in the $500-$749 range, 25% were $750-$999, 24% were $1,000-$1,499 and 5% were $1,500 or more, (5% had no cash rent). According to a May 2005 Sun-Sentinel newspaper article, rents in South Florida began climbing in 2004, and are expected to continue to increase. Due to the escalating cost of housing, many renters have been unable to purchase a home. According to real estate analysts, occupancy rates are averaging 95%, and as a result, rents began to climb. Another factor affecting rents is the condo conversion boom, with more rental complexes being taken out of the marketplace than being built. ("For S. Florida tenants, rental picture turns bleak: Demand for units rises as home costs continue to surge" May 15, 2005 Sun-Sentinel article by Robin Benedick) . Currently there are two federal funding sources serving people with HIV/AIDS in the County: The Housing Opportunities for People with AIDS (HOPWA) grant from HUD and the Ryan White Comprehensive AIDS Resource Emergency (CARE) Act grant from the U. S. Department of Health and Human Services' Health Resources and Services Administration (HRSA). The HOPWA grant in Palm Beach County is administered by the City of West Palm Beach. Projected HOPWA funding for FY 2005-2006 is $3,460,000. HOPWA funds can be used to provide short term housing assistance, provider-based housing, transitional housing and supportive services through a number of subrecipient agencies. Ryan White CARE Act funds are administered by Palm Beach County and are used primarily for health care and supportive services. Ryan White CARE Act funding under Title I and Title II for FY 2005-2006 is projected at $10,200,000. An additional $1,400,000 for FY 2005 is available for health care through two state of Florida general funding sources, HIV Patient Care and AIDS Network. The combined federal funds projected for Palm Beach County are inadequate to meet the needs of the County's HIV / AIDS population. The Palm Beach County HIV Care Council, a community-based organization assists in establishing annual priorities for the HOPWA and Ryan White Care Act grant through its Priorities and Allocations Committee. See narrative under "Homeless Inventory" for a description of the housing stock available to serve persons with disabilities; and serve persons with HIV/AIDS and their families. Public and Assisted Housina The Delray Beach Housing Authority (DBHA) operates the Section 8 tenant-based rental assistance program. The program provides housing assistance payments to landlords on behalf of 904 tenants throughout the area. Tenants must have incomes below 80% of median to be eligible. HUD requires that at least 75% of newly leased housing vouchers each year go to "extremely low income" households (with incomes below 30% of the median). The waiting list had 80 names as of June, 2005. Due to the low rate of turnover, it takes a very long time (as long as five years) for an applicant's name to come to the top of the list. The list has been closed to new applicants since January 2000. When eligible applicant's names come to the top of the list, they are issued a housing voucher that entitles them to rental assistance. They are sometimes unsuccessful, however, in locating a rental unit within the City. Consequently, many tenants have taken their Section 8 vouchers to nearby communities where the supply of affordable unIts is greater. The DBHA owns and operates a 200 unit public housing complex, called Carver 3-5 Year Strategic Plan 21 Version 1.3 JUriSdiction Estates at 770 S. W. 12th Terrace. The complex provides subsidized housing for low- income households. HUD requires that at least 40% of new tenants be "extremely low-income" households (with incomes below 30% of the median). Currently 98.7% of those on the waiting list are extremely low-income. Specific Housing Objectives (91.215 (b)) 1. Describe the priorities and specific objectives the jurisdiction hopes to achieve over a specified time period. 2. Describe how Federal, State, and local public and private sector resources that are reasonably expected to be available will be used to address identified needs for the period covered by the strategic plan. 3-5 Year Strategic Plan Specific Housing Objectives response: Owners and Renters Housing Objective 1: Make housing providers aware of the provision of the Fair Housing Act, and make the protected classes aware of fair housing rights and enforcement. This objective is included in the City's AI (Analysis of Impediments to Fair Housing) to expand housing opportunity. . Strategy 1-1: Facilitate the provision of fair housing education and outreach by funding a fair housing service provider as a part of the overall administration of the CDBG program. . Strategy 1-2: Perform outreach to landlords through the City's LandlordjTenant Housing Inspector to broaden the selection of units available to Section 8 voucher holders. There are some strategies planned by the City which are not directly measurable, but nevertheless will assist in meeting affordable housing goals: Objective: Encourage new affordable housing development . Strategy: Expedite the processing of development permits for affordable housing (the procedure for this was adopted in the City's current SHIP Local Housing Assistance Plan). . Strategy: The City will continue waiving building permit fees for rehab and construction of low- to moderate-income housing. The City of Delray Beach receives funding assistance under the State of Florida's State Housing Initiatives Partnership (SHIP) program. The City's SHIP dollars are targeted to provide increased funding in support of its owner-occupied rehabilitation program and as the primary funding source for the first-time homebuyer program. These programs provide homeownership opportunities for families and households at or below 100% of the median family income (MFI) for Palm Beach County. The Delray Beach Housing Renaissance Partnership utilizes SHIP program funds in support of new construction activities as well as the acquisition/rehabilitation of existing units. In addition, the City makes available funds from the repayment of an Urban Development Action Grant (UDAG) investment. Funds are used for Homeowner's Association activities and programs and exterior improvements to residential units in specific targeted neighborhoods throughout the City. 3-5 Year Strategic Plan 22 Version 1.3 JUrisdiction Owners Housing Objective 2: Provide assistance to enable 50 very low- to moderate-income families to become first-time homebuyers during the next five years. Perform outreach to low-income and minority households, to provide them with an opportunity for homeownership, as well as assist current homeowners in avoiding foreclosure. . Strategy 2-1: Utilize State Housing Initiatives Partnership (SHIP) funds for purchase assistance. The City expects to receive approximately $465,689 annually from the State of Florida for fiscal years 2005-2010. It is projected that for each of these fiscal years, funds will be spent to assist low- to moderate-income homebuyers to purchase and/or construct 10 homes, amounting to 50 over the five-year period. . Strategy 2-2: If vacant lots become available to the City via donations, they will be provided at reduced cost to individuals, developers or non-profit organizations for new construction of affordable housing units for income eligible households. . Strategy 2-3: Participate in homebuyer seminars for pre and post purchase education for home maintenance, budgeting, credit issues, energy conservation, and landscaping. . Strategy 2-4: Community Development Division staff will continue to partner with the Delray Beach Housing Authority in their efforts to assist Public Housing and Section 8 residents to obtain homeownership through the City's SHIP program. . Strategy 2-5: Utilize the Urban League, housing counseling program to assist families in overcoming adverse housing situations such as foreclosure and utility disruption. Continue to refer homeowners to Palm Beach County's Commission on Affordable Housing which has a mortgage foreclosure assistance program. Housing Objective 3: Conserve the existing housing stock by preventing an average of 18 owner-occupied units per year from becoming dilapidated and eventually lost to demolition. Under this strategy funding is provided for a Housing Rehabilitation Specialist and a Housing Rehabilitation Inspector. . Strategy 3-1: Utilize the housing rehabilitation program funded by CDBG and SHIP to provide forgivable rehabilitation grants up to $25,000 to very low-, low- and moderate-income homeowners. The City's policy may be changed to increase the maximum grant amount if it is determined that a higher amount is necessary to bring properties up to code. . Strategy 3-2: Utilize City general fund dollars to provide a matching grant of 70/30, 60/40, or 50/50 to eligible homeowners to make exterior repairs to their properties. The City will target these funds to a specific neighborhood each year in conjunction with its Strategic Task Team (STT) initiative. Needs of Public Housing (91.210 (b)) In cooperation with the public housing agency or agencies located within its boundaries, describe the needs of public housing, including the number of public housing units in the jurisdiction, the physical condition of such units, the restoration and revitalization needs of public housing projects within the jurisdiction, and other factors, including the number of families on public housing and tenant-based waiting lists and results from the Section 504 needs assessment of public housing projects located within its boundaries (i.e. assessment of needs of tenants and applicants on 3-5 Year Strategic Plan 23 Version 1.3 Jurisdiction waiting list for accessible units as required by 24 CFR 8.25). The public housing agency and jurisdiction can use the optional Priority Public Housing Needs Table (formerly Table 4) of the Consolidated Plan to identify priority public housing needs to assist in this process. 3-5 Year Strategic Plan Needs of Public Housing response: The Delray Beach Housing Authority owns and operates Carver Estates, the only public housing complex in Delray Beach. Rent is income based at 30% of the resident's monthly income, with a target income group of those earning at or below 30% of the Area Median Income. The unit size varies from one to four bedrooms, with a corresponding maximum occupancy of one to eight people. Approximately 95% of their households are families with a female head of household. The DBHA has a total of 200 public housing units, with waiting lists maintained for each unit size. It typically takes 6 months to one year for applicants on the waiting list to receive housing. The Delray Beach Housing Authority also provides assisted housing through the Section 8 Voucher Program, also known as the Housing Choice Voucher Program. This Program helps very low-income families, the elderly, and the disabled to rent decent, safe, and sanitary housing in the private market. A rental subsidy is paid directly to a landlord by the DBHA on behalf of the participating family; the family then pays the remaining balance of the actual rent charged. The family's portion is generally no more than 30% of the adjusted monthly family income. The DBHA administers 904 Section 8 Housing Choice Vouchers. There are currently approximately 80 people on the waiting list, which has been closed since January, 2000. In addition to the Choice Voucher Program, some project-based Section 8 assistance is available for elderly residents 55 years of age and older in the City of Delray Beach. This program provides eligibility to specific, identified developments. If the recipient moves from a designated unit, they no longer receive assistance. The DBHA maintains 200 project-based vouchers. In February, 2004, MEP Structural Engineering and Inspection, Inc. issued a report on the physical condition of the Carver Estates housing complex, finding that the structures are essentially obsolete and in need of demolition. Consequently, the DBHA is now faced with the challenge of creating a development plan that includes: . Relocation of existing residents . Demolition of existing housing units . New construction and financing of some level of replacement units . Management of the development efforts, and . The long-term management oversight of the new housing Public Housing Strategy (91.210) 1. Describe the public housing agency's strategy to serve the needs of extremely low-income, low-income, and moderate-income families residing in the jurisdiction served by the public housing agency (including families on the public housing and section 8 tenant-based waiting list), the public housing agency's strategy for addressing the reVitalization and restoration needs of public housing projects within the jurisdiction and improving the management and operation of 3-5 Year Strategic Plan 24 Version 1.3 JUriSdiction such public housing, and the public housing agency's strategy for improving the living environment of extremely low-income, low-income, and moderate families residing in public housing. 2. Describe the manner in which the plan of the jurisdiction will help address the needs of public housing and activities it will undertake to encourage public housing residents to become more involved in management and participate in homeownership. (NAHA See. 105 (b)(l1) and (91.215 (k)) 3. If the public housing agency is designated as "troubled" by HUD or otherwise is performing poorly, the jurisdiction shall describe the manner in which it will provide financial or other assistance in improving its operations to remove such designation. (NAHA Sec. 105 (g)) 3-5 Year Strategic Plan Public Housing Strategy response: There is a definite need for additional public housing units in Delray Beach as is evidenced by the long waiting lists that exist for all housing categories, including Section 8 vouchers. The DBHA's strategy for extending the supply of assisted housing include (a) applying for additional rental vouchers; (b) reducing public housing vacancies; (c) leveraging private/other public funds to create additional housing opportunities, and to acquire or build additional units and developments. The Carver Estates Public Housing complex, located at 770 SW 12th Terrace in Delray Beach, consists of 15 buildings, comprising 200 units of low rent housing with a population of 600 persons. The site has a land mass of 15 acres and is located in the City's CDBG target area. The DBHA acquired a 3-acre plot of vacant land just south of the Carver property in 2004. For this Plan, reference to the Carver site includes both the original is-acre and the newly acquired 3-acre parcel. A recent analysis of the market prepared by Anderson & Carr, Inc. indicates that the highest and best use of the site would be for development as a residential subdivision. One of the challenges for the DBHA is to create a redevelopment plan for Carver Estates that is consistent with and compliments the Land Use planning of the City as a whole. Another challenge is to formulate a redevelopment plan that recognizes and accommodates (at some level) the affordabillty constrictions generated by the incomes of existing Carver residents in the mix and sizing of replacement housing. The DBHA continually strives to improve the quality of its public housing and voucher management. They also follow a program of routine maintenance and renovations to their facilities. The DBHA has a goal of increasing housing choices by providing voucher mobility counseling, conducting outreach efforts to potential voucher landlords, and increasing voucher payment standards. They have also implemented the Family Self-Sufficiency Program. This program works with public housing and Section 8 residents to help them reach economic independence. This program helps residents develop goals and target dates, with check-ins with staff at least once every three months. Programs are offered monthly on topics such as buying a home, budgeting, parenting, and cleaning up credit records. Residents who participate can build an escrow fund for themselves that is available as a cash payment towards the purchase of a home. The base rental rate is established when the resident enters 3-5 Year Strategic Plan 25 Version 1.3 JUriSdiction into the escrow program, the difference between the base rate and any increase in rent over the next five years (due to increase in family income) is deposited into the escrow account. Use of payout is restricted. The DBHA, in partnership with the City of Delray Beach, the Community Redevelopment Agency, two non-profit housing developers and a consortium of financial institutions, provide homeownership opportunities for public housing residents through the award-winning Housing Renaissance Program. The DBHA is categorized as a High Performer. Barriers to Affordable Housing (91.210 (e) and 91.215 (f)) 1. Explain whether the cost of housing or the incentives to develop, maintain, or improve affordable housing are affected by public policies, particularly those of the local jurisdiction. Such policies include tax policy affecting land and other property, land use controls, zoning ordinances, building codes, fees and charges, growth limits, and policies that affect the return on residential investment. 2. Describe the strategy to remove or ameliorate negative effects of public policies that serve as barriers to affordable housing, except that, if a State requires a unit of general local government to submit a regulatory barrier assessment that is substantially equivalent to the information required under this part, as determined by HUD, the unit of general local government may submit that assessment to HUD and it shall be considered to have complied with this requirement. 3-5 Year Strategic Plan Barriers to Affordable Housing response: Housing affordability is a key component to the quality of life for the City's residents. Any housing cost negatively affects affordable housing. Some obstacles that prevent or impede housing availability include: . Low family/household income . Lack of education, training, jobs . Cost of land and construction costs . Lack of affordable housing stock . Lack of affordable rental units . Lack of funding for housing programs In recent months the City of Delray Beach began exploring mechanisms to maintain and encourage production of affordable housing in recognition of quickly escalating real estate values. One of the most recent efforts is the passage of the Family Workforce Housing Ordinance in November 2004. The Ordinance provides regulations and incentives to encourage developers to build housing within the City's CDBG target area; and includes and preserves the Family/Workforce housing along with market rate housing. Performance criteria contained in the Ordinance controls the proportions of workforce housing to market rate housing in terms of bedroom sizes, for sale and for rent, and housing product types, as well as in other ways that would promote development of workforce housing units. Covenants and restrictions 3-5 Year Strategic Plan 26 Version 1.3 JUrisdiction apply to both for sale and for rent workforce housing to ensure sustained affordability for a longer term. In addition, the City is currently in the process of developing a Community Land Trust to develop and maintain affordable housing, primarily within the CDBG target area. No public policies have been identified as barriers or as having a negative effect upon the availability of affordable housing; therefore, the City does not propose any reform measures. A~""'c.;;'!' ' . - -.c,,,,,;", ""'i~J';'~t~~~~~~"':~.1f'.;}.1<~tf*:,~y. v. Homeless Needs (91.205 (b) and 91.215 (e)) *Please also refer to the Homeless Needs Table in the Needs.xls workbook Homeless Needs- The jurisdiction must provide a concise summary of the nature and extent of homelessness in the jurisdiction, (including rural homelessness where applicable), addressing separately the need for facilities and services for homeless persons and homeless families with children, both sheltered and unsheltered, and homeless subpopulations, in accordance with Table 1A. The summary must include the characteristics and needs of low-income individuals and children, (especially extremely low-income) who are currently housed but are at imminent risk of either residing in shelters or becoming unsheltered. In addition, to the extent information is available, the plan must include a description of the nature and extent of homelessness by racial and ethnic group. A quantitative analysis is not required. If a jurisdiction provides estimates of the at-risk population(s), it should also include a description of the operational definition of the at-risk group and the methodology used to generate the estimates. 3-5 Year Strategic Plan Homeless Needs response: The Palm Beach County Continuum of Care is the countywide strategy for meeting the needs of individuals and families who are homeless or at risk of becoming homeless. The Continuum of Care system begins with the Homeless Management Information System of HMIS, which includes a telephone hotline as well as a countywide computer database accessible to all service providers. The hotline is operated by the Center for Information & Crisis Services, which also refers to HMIS as CMIS (Client Management Information System). A countywide one day "point-in-time" count was conducted by the Homeless Coalition in January 2005. The report showed 54 unsheltered homeless individuals in Delray Beach, or 13% of the total counted in the County (Source: Palm Beach County Homeless Continuum of Care Point-in-Time Homeless County, January 26, 2005 Noon to January 27, 2005 Noon). c.R.a.S. Ministries, which operates the Caring Kitchen, a hot meal program, located in the City's CDBG target area, reported serving an estimated 500 homeless persons, 3-5 Year Strategic Plan 27 Version 1.3 JUriSdiction primarily male individuals, in 2004. The data on meals served is not recorded as unduplicated individuals; i.e., the same individual may be served on multiple days and be counted once for each meal. Of the estimated 500 homeless, the Center Director indicated that approximately 5 or 6 male individuals show up repeatedly on a weekly basis to receive a hot meal. The food pantry in Delray Beach, also operated by C.R.O.S. Ministries, provides groceries for homeless and low-income while they are pending food stamps or in other crises. Of the total 6,832 persons who received service in 2004, an estimated 5% were homeless. An interview with two Delray Beach Police Officers revealed that no homeless persons are observed on the streets of Delray Beach. Occasionally, they will find homeless persons living in the woods outside the City limits and Will refer them to appropriate agencies. In addition, they indicated that because the hot meal program is open to anyone who walks in, the homeless population from surrounding municipalities come to Delray Beach for the hot meal and then leave because there are no overnight shelter facilities in Delray Beach. Based on both the January 2005 point-in-time count and the information cited above, it is estimated that on a given day there are an average of 59-60 homeless persons present in the city limits of Delray Beach, all of them adult males. One shelter for abused spouses, AVDA (Aid to Victims of Domestic Abuse), operates in Delray Beach. According to AVDA's records 12 persons from Delray Beach took shelter at their facility, five of whom were children. Detailed demographic data on the homeless subpopulation is not available for Delray Beach, or on the extent of homelessness by racial or ethnic group. Priority Homeless Needs 1. Using the results of the Continuum of Care planning process, identify the jurisdiction's homeless and homeless prevention priorities specified in Table lA, the Homeless and Special Needs Populations Chart. The description of the jurisdiction's choice of priority needs and allocation priorities must be based on reliable data meeting HUD standards and should reflect the required consultation with homeless assistance providers, homeless persons, and other concerned citizens regarding the needs of homeless families with children and individuals. The jurisdiction must provide an analysis of how the needs of each category of residents provided the basis for determining the relative priority of each priority homeless need category. A separate brief narrative should be directed to addressing gaps in services and housing for the sheltered and unsheltered chronic homeless. 2. A community should give a high priority to chronically homeless persons, where the jurisdiction identifies sheltered and unsheltered chronic homeless persons in its Homeless Needs Table - Homeless Populations and Subpopulatlons. 3-5 Year Strategic Plan Priority Homeless Needs response: See Homeless Needs narrative. 3-5 Year Strategic Plan 28 Version 1.3 JUriSdiction Homeless Inventory (91.210 (c)) The jurisdiction shall provide a concise summary of the existing facilities and services (including a brief inventory) that assist homeless persons and families with children and subpopulations identified in Table 1A. These include outreach and assessment, emergency shelters and services, transitional housing, permanent supportive housing, access to permanent housing, and activities to prevent low-income individuals and families with children (especially extremely low-income) from becoming homeless. The jurisdiction can use the optional Continuum of Care Housing Activity Chart and Service Activity Chart to meet this requirement. 3-5 Year Strategic Plan Homeless Inventory response: Aid to Victims of Domestic Abuse (AVDA), an emergency shelter for abused spouses, operates in the City of Delray Beach. In South Palm Beach County (inclusive of Delray Beach), assistance for the homeless can be accessed through the following: . The Homeless Help Line - main point of entry for persons seeking assistance in Palm Beach County. It is accessed by dialing 2-1-1, and assists homeless individuals and families in need by screening for service eligibility, providing information and referrals to agencies in Palm Beach County Continuum of Care, scheduling appointments for individuals with the County Homeless Outreach Teams, completing data collection - it serves as the HMIS (Homeless Management Information System) for 44 homeless service providers. . Aid to Victims of Domestic Abuse (family shelter in Delray Beach) . The Lord's Place (emergency shelter and transitional housing in Boynton Beach, for singles and families) . Adopt-a-Family of the Palm Beaches, Inc. . Project SAFE (Stable, Able, Family, Environment) - transitional housing (all north of Delray Beach) and supportive services . Temporary Assistance to Homeless Families Grants . Palm Beach County Division of Human Services operates the "HOT" (Homeless Outreach Team) which provides multi-disciplinary assessment and short-term case management, available to homeless persons countywide. . C.R.O.S. Ministries operates the Caring Kitchen, a hot meal program that provides a hot meal daily and a "bag lunch" on weekends and IS accessible to homeless persons. Homeless Strategic Plan (91.215 (c)) 1. Homelessness- Describe the jurisdiction's strategy for developing a system to address homelessness and the priority needs of homeless persons and families (including the subpopulations identified in the needs section). The jurisdiction's strategy must consider the housing and supportive services needed in each stage of the process which includes preventing homelessness, outreach/assessment, emergency shelters and services, transitional housing, and helping homeless persons (especially any persons that are chronically homeless) make the transition to permanent housing and independent living. The jurisdiction must also describe its strategy for helping extremely low- and low-income individuals and families who are at imminent risk of becoming homeless. 3-5 Year Strategic Plan 29 Version 1.3 JUriSdiction 2. Chronic homelessness-Describe the jurisdiction's strategy for eliminating chronic homelessness by 2012. This should include the strategy for helping homeless persons make the transition to permanent housing and Independent living. This strategy should, to the maximum extent feasible, be coordinated with the strategy presented Exhibit 1 of the Continuum of Care (CoC) application and any other strategy or plan to eliminate chronic homelessness. Also describe, in a narrative, relationships and efforts to coordinate the Conplan, CoC, and any other strategy or plan to address chronic homelessness. 3. Homelessness Prevention-Describe the jurisdiction's strategy to help prevent homelessness for individuals and families with children who are at imminent risk of becoming homeless. 4. Institutional Structure-Briefly describe the institutional structure, including private industry, non-profit organizations, and public institutions, through which the jurisdiction will carry out its homelessness strategy. 5. Discharge Coordination Policy-Every jurisdiction receiving McKinney-Vento Homeless Assistance Act Emergency Shelter Grant (ESG), Supportive Housing, Shelter Plus Care, or Section 8 SRO Program funds must develop and implement a Discharge Coordination Policy, to the maximum extent practicable. Such a policy should include "policies and protocols for the discharge of persons from publicly funded institutions or systems of care (such as health care facilities, foster care or other youth facilities, or correction programs and institutions) in order to prevent such discharge from immediately resulting in homelessness for such persons." The jurisdiction should describe its planned activities to implement a cohesive, community-wide Discharge Coordination Policy, and how the community will move toward such a policy. 3-5 Year Homeless Strategic Plan response: The Homeless Needs section describes the City's participation in the Palm Beach County Continuum of Care which is a countywide strategy (inclusive of Delray Beach) for meeting the needs of individuals and families who are homeless or at risk of homelessness. As has been annually for the past seven years, a City representative will continue to sign statements of consistency with the Consolidated Plan, for a grant application by the Continuum of Care Collaborative, to obtain Emergency Shelter Grant (ESG) Program and Supportive Housing grant funds for the homeless from HUD. In addition, affordable housing strategies will also further the accomplishment of homeless goals. Specifically, down payment assistance and housing rehabilitation (under the Affordable Housing strategies) will assist those in danger of homelessness by providing financial assistance to very low-, low- and moderate-income individuals and families in danger of becoming homeless. Emergency Shelter Grants (ESG) (States only) Describe the process for awarding grants to State recipients, and a description of how the allocation will be made available to units of local government. 3-5 Year Strategic Plan 30 Version 1.3 JUrisdiction 3-5 Year Strategic Plan ESG response: ";>"'''<~~;';O''''O >': ,:~';<ji;~<;~~~Ji Community Development (91.215 (e)) *Please also refer to the Community Development Table in the Needs.xls workbook 1. Identify the jurisdiction's priority non-housing community development needs eligible for assistance by CDBG eligibility category specified in the Community Development Needs Table (formerly Table 2B), - i.e., public facilities, public improvements, public services and economic development. 2. Describe the basis for assigning the priority given to each category of priority needs. 3. Identify any obstacles to meeting underserved needs. 4. Identify specific long-term and short-term community development objectives (including economic development activities that create jobs), developed in accordance with the statutory goals described in section 24 CFR 91.1 and the primary objective of the CDBG program to provide decent housing and a suitable living environment and expand economic opportunities, principally for low- and moderate-income persons. NOTE: Each specific objective developed to address a priority need, must be Identified by number and contain proposed accomplishments, the time period (I.e., one, two, three, or more years), and annual program year numeric goals the Jurisdiction hopes to achieve In quantitative terms, or in other measurable terms as Identified and defined by the JUriSdiction. 3-5 Year Strategic Plan Community Development response: See the Community Needs Table. Information provided in the HUD prescribed Community Needs Table identifies the Specific Non-Housing Community Development Needs for the City during the five years covered by the Consolidated Plan. According to HUD guidance ("Guidelines for Preparing a Consolidated Plan Submission for Local Jurisdictions") jurisdictions are not required to indicate the priority need level. Hence the column titled "Priority Need" has been left blank In all cases except those where adequate knowledge of the item exists. Where it is filled in, priority levels follow HUD gUidance. The items in the column titled "Community Development Needs" correspond to the list of activities eligible for HUD funding (i.e., CDGB, ESG, HOME and HOPWA programs). Of these various HUD programs, the City of Delray Beach received only CDBG funds, so for the most part, only those items eligible for CDBG are addressed in the table. The "Goals" columns, per HUD instructions, are to be filled in piecemeal as each Annual Action Plan is submitted. In accordance with HUD guidance, the amounts listed in the "Dollars to Address" column reflect the estimated expenditure needed 3-5 Year Strategic Plan 31 Version 1.3 J u r1sd Iction (in current dollars) for the entire five year period, and include all funds needed (both public and private) to address the items listed. Objectives are based on the Year 1 figures shown in the "Goals" column of the Housing Needs Table. Community Development Objective 1: Provide funding to expand economic opportunities primarily for persons of low- to moderate-incomes. The City estimates that a total of $300,000 will be available over the next five years for programs that will provide an area-wide benefit in the CDBG target area and/or encourage the creation of new jobs, principally for the benefit of low- and moderate-income persons. . Strategy CD 1-1: Utilize CDBG funds to provide financial and technical assistance to eligible for-profit businesses located in, or will be located, within the established CDBG target area for any activity where the assistance is appropriate to carry out an economic development project. Assistance may be provided directly, or through the use of public and private organizations, agencies, and other subrecipients (including non-profit and for-profit subrecipients). . Strategy CD 1-2: Funding will be channeled to address economic development needs through public facility and infrastructure improvements in association with the Southwest Redevelopment Plan. . Strategy CD 1-3: Provide assistance for job training, placement and other types of eligible services In conjunction with the Southwest Neighborhood Redevelopment Plan. Community Development Objective 2: To protect and enhance the health, safety, and welfare of low- to moderate-income persons residing in Delray Beach and to further the stabilization of deteriorating neighborhoods. The City will spend $497,000 over the next five years (15% of the estimated allocation) on activities which include, but are not limited to: child care services, senior services, youth services, crime prevention services, fair housing, tenant/landlord counseling, employment training, and recreational services. Community Development Objective 3: To improve the safety and livability of neighborhoods to include a full range of public facilities, utilities, and infrastructure improvements that will meet the needs of low- to moderate-income residents of Delray Beach, particularly those residing within the CDBG target area. Approximately $200,000 will be made available from CDBG funds over the next five years. . Strategy CD 3-1: Provide funds to make infrastructure improvements (generally construction or installation)(e.g., sidewalks, street improvements, water and sewer lines) . Strategy CD 3-2: Funding will be provided to rehab or install neighborhood facilities. . Strategy CD 3-3: Provide assistance to facilities with special needs populations Community Development Objective 4: Funds are provided for the overall administration of the CDBG Program and Community Development Division and for Fair Housing activities. Community Development Objective 5: Funds are provided for the demolition of 3-5 Year Strategic Plan 32 Version 1.3 JUriSdiction unsafe and dilapidated housing. The lack of funds from State and Federal sources has a negative impact on all needs categories. Specific long-term and short-term objectives the City has identified for the next five- years are as follows: . Establish a Neighborhood Resource Center to provide a wide-range of services and resources for individuals, families and neighborhood organizations. . Provide assistance to the local Boys and Girls Club for expanded youth programs and services . Provide homeownership opportunities through the City's first-time homebuyer's program. . Provide tenant/landlord counseling and mediation services utilizing a City landlord liaison staff position. . Provide a wide range of educational, cultural, and recreational services to youth through support of the Beacon Center Program operated at the Village Academy Elementary School . Provide housing rehabilitation assistance to low- to moderate-income households through the City's housing rehabilitation program. . Create a Community Land Trust Antipoverty Strategy (91.215 (h)) 1. Describe the jurisdiction's goals, programs, and policies for reducing the number of poverty level families (as defined by the Office of Management and Budget and revised annually). In consultation with other appropriate public and private agencies, (i.e. TANF agency) state how the jurisdiction's goals, programs, and policies for producing and preserving affordable housing set forth in the housing component of the consolidated plan will be coordinated with other programs and services for which the jurisdiction is responsible. 2. Identify the extent to which this strategy will reduce (or assist in reducing) the number of poverty level families, taking into consideration factors over which the jurisdiction has control. 3-5 Year Strategic Plan Antipoverty Strategy response: The goals, objectives and actions outlined in this 2005-2010 Consolidated Plan and in the 2005-2006 Action Plan are intended, in all cases, to assist those currently living in poverty by providing them with resources to move out of poverty, or to assist those in danger of moving into poverty to remain out of poverty. The City's holistic approach to community development provides various programming efforts and initiatives (as described throughout this document) aimed at reducing the number of poverty level families. Various partnerships with area social service and housing provider agencies greatly increase the effectiveness and efficiency of our commitment. The Florida Housing Finance Corporation approved the 2004-07 Local Housing Assistance Plan (LHAP) prepared by the City's Community Development Division. The LHAP includes local housing assistance strategies for utilizing SHIP funds, and local housing incentive strategies for affordable housing development. The City is 3-5 Year Strategic Plan 33 Version 1.3 JUriSdiction unable to assess the extent to which its current housing policies and programs might assist in reducing the number of households with incomes below the poverty level. The Delray Beach Housing Authority's Family Self-Sufficiency (FSS) Program serves as an anti-poverty tool. The program provides a holistic approach to service delivery that includes homeownership, adult education, vocational training, social and economic counseling, employment counseling and placement, medical screenings, and transportation assistance. A family-centered approach is utilized as well, so that the needs of each family are addressed. To date the program has assisted over 20 families in obtaining homeownership. In addition, the DBHA applies for Section 8 rental assistance whenever HUD makes funds available. Both the City and the DBHA follow HUD guidelines pertaining to Section 3, which require contractors working on projects funded with HUD dollars to be diligent in attempting to hire low-income persons. This has the potential of reducing poverty. The City partners with the Community Child Care Center, a Title XX Day Care facility which also operates the Beacon Center at Village Academy. Village Academy is a neighborhood school located within the CDBG target area which offers extended day and week-end child care services, adult education, and other programs to assist low- income residents. Low Income Housing Tax Credit (LIHTC) Coordination (91.315 (k)) 1. (States only) Describe the strategy to coordinate the Low-income Housing Tax Credit (LIHTC) with the development of housing that is affordable to low- and moderate-income families. 3-5 Year Strategic Plan LIHTC Coordination response: t~"':'_~-,.. .' -"-~".'- -',"'_.o:f'",v''"'"-'~7"~>~~~~~~~~~-,~ ;r,p~""~7''1'~ .'-' - "t,A<_.> ::-. '-. '~.-" <,-'- ...-~ :' ~ - -1j::' ";-.ol ;?:'~ -t,*.t ~~:~~~t_-(~~~~k-~~i~:)~f~,~~r~,~ "-1"- ~~ -~~ J~-;-~0~-~~-:~:-:~ ~~'~~i~/"J:":;~- Specific Special Needs Objectives (91.215) 1. Describe the priorities and specific objectives the jurisdiction hopes to achieve over a specified time period. 2. Describe how Federal, State, and local public and private sector resources that are reasonably expected to be available will be used to address identified needs for the period covered by the strategic plan. 3-5 Year Non-homeless Special Needs Analysis response: Although the City will use relatively few, if any, Consolidated Plan resources to meet the needs of the Special Needs population over the next five years, through its holistic approach to community development the City hopes to meet some of those needs. Through its partnership with the DBHA, the City will continue to provide 3-5 Year Strategic Plan 34 Version 1.3 - ------ JUrisdiction increased housing opportunities for public assistance families to purchase their first home, accessibility for the disabled will continue to be addressed as a component of the City's housing rehabilitation program, funding provided to small businesses for economic development activities will require job creation for low-income persons, and the City will continue to provide funding to non-profit and social service agencies for programs that benefit special needs residents. Funding to support the goals listed above will come from a variety of sources, including the City's CDBG allocation SHIP funds, and the City's General Fund dollars. Non-homeless Special Needs (91.205 (d) and 91.210 (d)) Analysis (including HOPWA) *Please also refer to the Non-homeless Special Needs Table In the Needs.xls workbook. 1. Estimate, to the extent practicable, the number of persons in various subpopulations that are not homeless but may require housing or supportive services, including the elderly, frail elderly, persons with disabilities (mental, physical, developmental, persons with HIV/AIDS and their families), persons with alcohol or other drug addiction, and any other categories the jurisdiction may specify and describe their supportive housing needs. The jurisdiction can use the Non-Homeless Special Needs Table (formerly Table 1B) of their Consolidated Plan to help identify these needs. *Note: HOPWA recipients must Identify the size and characteristics of the population with HIV/AIDS and their families that will be served in the metropolitan area. 2. Identify the priority housing and supportive service needs of persons who are not homeless but require supportive housing, i.e., elderly, frail elderly, persons with disabilities (mental, physical, developmental, persons with HIV/AIDS and their families), persons with alcohol or other drug addiction by using the Non-homeless Special Needs Table. 3. Describe the basis for assigning the priority given to each category of priority needs. 4. Identify any obstacles to meeting underserved needs. 5. To the extent information is available, describe the facilities and services that assist persons who are not homeless but require supportive housing, and programs for ensuring that persons returning from mental and physical health institutions receive appropriate supportive housing. 6. If the jurisdiction plans to use HOME or other tenant based rental assistance to assist one or more of these subpopulations, it must justify the need for such assistance in the plan. 3-5 Year Non-homeless Special Needs Analysis response: The Non-Homeless Special Needs population includes the elderly, persons with mental illness, developmentally disabled, alcohol/other drug addicts, persons with HIV/AIDS and their families, and residents of public housing. It is difficult to provide 3-5 Year Strategic Plan 35 Version 1.3 -~~------ JUrisdiction adequate counts for these subpopulation groups and to estimate future needs. See "Special Needs Population" narrative under the "Housing Needs" section of this plan. Supportive services are provided by a number of local organizations. Many of their activities serve more than one special needs population and all agencies contacted reported that they do coordinate available resources by referral of special needs patients to other agencies. The Mae Volen Senior Center which is located in Delray Beach targets persons aged 60 and over, providing personal care, respite, homemaker, adult day care, case management, home delivered and congregate meals, recreation and education. The South County Mental Health Center located in Delray Beach provides mental health care, case management and substance abuse treatment. The Drug Abuse Foundation which is also located in Delray Beach provides day/night outpatient, intervention, prevention, residential care and treatment and the Wayside House provide drug and alcohol treatment to women. Housing Opportunities for People with AIDS (HOPWA) *Please also refer to the HOPWA Table In the Needs.xls workbook. 1. The Plan includes a description of the activities to be undertaken with its HOPWA Program funds to address priority unmet housing needs for the eligible population. Activities will assist persons who are not homeless but require supportive housing, such as efforts to prevent low-income individuals and families from becoming homeless and may address the housing needs of persons who are homeless in order to help homeless persons make the transition to permanent housing and independent living. The plan would identify any obstacles to meeting underserved needs and summarize the priorities and specific objectives, describing how funds made available will be used to address identified needs. 2. The Plan must establish annual HOPWA output goals for the planned number of households to be assisted during the year in: (1) short-term rent, mortgage and utility payments to avoid homelessness; (2) rental assistance programs; and (3) in housing facilities, such as community residences and SRO dwellings, where funds are used to develop and/or operate these facilities. The plan can also describe the special features or needs being addressed, such as support for persons who are homeless or chronically homeless. These outputs are to be used in connection with an assessment of client outcomes for achieving housing stability, reduced risks of homelessness and improved access to care. 3. For housing facility projects being developed, a target date for the completion of each development activity must be included and information on the continued use of these units for the eligible population based on their stewardship reqUirements (e.g. within the ten-year use periods for projects involving acquisition, new construction or substantial rehabilitation). 4. The Plan includes an explanation of how the funds will be allocated including a description of the geographic area in which assistance will be directed and the rationale for these geographic allocations and priorities. Include the name of each project sponsor, the zip code for the primary area(s) of planned activities, 3-5 Year Strategic Plan 36 Version 1.3 ------~----- JUrisdiction amounts committed to that sponsor, and whether the sponsor is a faith-based and/or grassroots organization. 5. The Plan describes the role of the lead jurisdiction in the eligible metropolitan statistical area (EMSA), involving (a) consultation to develop a metropolitan-wide strategy for addressing the needs of persons with HIV/AIDS and their families living throughout the EMSA with the other jurisdictions within the EMSA; (b) the standards and procedures to be used to monitor HOPWA Program activities in order to ensure compliance by project sponsors of the requirements of the program. 6. The Plan includes the certifications relevant to the HOPWA Program. 3-5 Year Strategic Plan HOPWA response: Specific HOPWA Objectives 1. Describe how Federal, State, and local public and private sector resources that are reasonably expected to be available will be used to address identified needs for the period covered by the strategic plan. 3-5 Year Specific HOPWA Objectives response: '. P-:" ~ > ~~-- . ' ' ", '''o~~"{~w'''~~~F;:~~!i~ft~gp~~~~~F r~3! Include any Strategic Plan information that was not covered by a narrative in any other section. 3-5 Year Strategic Plan 37 Version 1.3 ------- CPMP Version 1.3 Continuum of Care Homeless Population and Subpopulations Chart Sheltered Total Jurisdiction Part 1: Homeless Population EmerQencv Un.sheltered Transitional Data Quality 1. Homeless Individuals ~:t~~:g~~~2i,(1:'-r~~-~ ~ '~;',~;~11D ~ i;,-, 'J...',VS4: 54 I 1""1 I (N) enumerations 2. Homeless Families with Children ,.'F ,',c'O,;t .,-'$ ~':' r / "~'Y', :, .: .:';:0 , , ~.:: "'.OJ 2' 2a. Persons in Homeless With : ~t- ,:-,'-~ ~,~~t:, ::~,; ", ::~~,~ . ;'C ,~ :':,~; , Children Families 1"", ;1,2' ' -' " ~O, 12 Total (lines 1 + 2a) 12 0 54 66 Part 2: Homeless Subpopulatlons Sheltered Un-sheltered Total Q I _.__._~...__ ..____ Data ua Ity B 1. Chronically Homeless ; , . '..' _' C I 5 .- . (E) estimates 2. Severely Mentally III I" . , 'r. :' r. .if....\-\'9.~;:::.;.r.a.r'l1 ' .. ..' .... - . -- . ..... 'WI.. ...... 3, Chromc Substance Abuse . 'J!.-!: .tir.:','Ji5 -". .~~:.u51 4, Veterans .-.... '.' ..... ~';I:: ~.i.M;.;S tV. t' II.~! 5. Persons with HIV/AIDS ' ... , . , .' ''';1'"''''#~'91- .;.. .3'191 6. Victims of Domestic Violence . >:-: : ...~;;; .:. '.:. ,.' ~. : . ':-~I~~:~',.~Ji#::~'l)"'~::'~ . i3.~..,1 7. Youth (Under 18 years of age) j.:. -. .., '..)', .':. '....: . '-I:' ~"'n;;ll~'ifG ~,.."....-t."51 ..... . 11' . .} .......... ...... ~.. .'. 'L. ~IA.:", .1" 'Ii ... ~., o. ,. "..... .. . . .... ~ ..0. 5-Year Quantities Total ;j >-Q) Year 1 Year 2 Year 3 Year 4 Year 5 ~ ~~~ Part 3: Homeless Needs <Il !:l- ~ "0 c;J:l Co Q) Q) Q) Q) 2 - I ~ <II ~~ I1l ., ., O! ., :9 ~ Table: Individuals <II ... III l!) <ii <ii <ii <ii <ii Q) <ii ~ ~ Z :> > 0 Ci 0 Ci 0 Ci 0 Ci 0 Ci 0 ? I ." , . U<( ~ E ~ E ~ E ~ E ~ E ~ 1j I - 1:1 ~:: ~. 0 0 0 0 0 <( I ,; I " u u u u u I :.........J.I' - ... .J = 11 ~$''f1 :I?'~'t~ ~l~::~'1"""'~:I~"0~'fQ ~~;~\~ ~-:~~-~~. ft~jj' ~~l1lJ ,..: - ;..'L\:~ ~t~N",~~,.,. ". Emergency Shelters ';,t1lW 54 0 .. Transitional HOUSing - ,<' ~~l;2- ii'\U' ~: 12 tt~~~;Io i.:.'~'O r-}\}'i!i ~::t);Q: ;;~:~~ ~;;"~!Q ;,~ .._~i;z~ :it5~~ ....~F;-~-. 0 I 1::. 'I. tJ>;,:," III ,,<<,'i'o/TJ .-- I . " " Permanent Supportive - , ~.<; '. '- , ~ 'i> ~ > <>__:~:)::~~~~iL,~ " ,.~" i. "-;<: ~;J~~::'~>> ~'~ -.;; ~J~~~ :~1!~>::;l':~ in. Q) .j L. i r: .,j co Housing ':0 ~'~d 0 ' ,'U . , ,,:'(} '>' Jl. ' ';,-0: ':,' .70 0 Total 66 0 66 0 0 0 0 0 0 0 0 0 0 0 '-. . -I 'I;.. :i .N. . I _.>-~' . ..1....1'~.. Chronically Homeless 5-Year Quantities Year 1 Year 2 Year 3 Year 4 Year 5 Total ! u;~ V'l >Q) i Part 4: Homeless Needs :0- "0 c;J:l Co Q) Q) Q) Q) Q) <ii <II ~~ III Table: Families <II <..? ., ., ;; ., ., <ii 0 ... III <ii <ii n; <ii ;;; <ii ~ Z :> > Ci Ci Ci Ci Ci 3 U<( 0 0 0 0 0 0 ... ~ E ~ E ~ E ~ ~ ~ E ~ u 0 0 0 0 (5 0 <( d U U U U u '# ~ Emergency Shelters I ..~--:-.p::: C "I ' .-----;:-.-';)i-.~:r. . .;1 .".,,,, . "r,l 0 o ##-~I"L" ',N"'" ,Ji '----::1 .. o ##.~.I L' III Transitional HOUSing ~ : ' I : ' ; , I . .. , ' .' , t . ~ I , I 0 ' ,"'J ~ '. ~' " Permanent Supportive ! ' I -- , ~ I .1' Q) ! ..' I _ I ; .. ! I co - . I I " HOUSing I .1' I, I I. t" II .' . , 0 o ## __I L: " . ol-.i,'--cij--'oj""-"Qj---oi .. oi .-.....oj----Qj--...Qj. Total 2 01 01 0 0## L I. i ' Completing Part 1: Homeless Population. This must be completed using statistically reliable, unduplicated counts or estimates of homeless persons In sheltered and unsheltered locations at a one-day point In time. The counts must be from: (A) administrative records, (N) enumerations, (S) statistically reliable samples, or (E) estimates. The quality of the data presented in each box must be identified as: (A), (N), (S) or (E). Completing Part 2: Homeless Subpopulations. This must be completed using statistically reliable, unduplicated counts or estimates of homeless persons in sheltered and unsheltered locations at a one-day point in time, The numbers must be from: (A) administrative records, (N) enumerations, (S) statistically reliable samples, or (E) estimates. The quality of the data presented in each box must be Identlfled as: (A), (N), (5) or (E). Sheltered Homeless. Count adults, children and youth residing In shelters for the homeless. "Shelters" Include all emergency shelters and transitional shelters for the homeless, including domestic violence shelters, residential programs for runaway/homeless youth, and any hotel/motel/apartment voucher arrangements paid by a public/prIVate agency because the person or family is homeless. Do not count: (1) persons who are living doubled up In conventional housing; (2) formerly homeless persons who are reSiding in Section 8 SRO, Shelter Plus Care, SHP permanent housing or other permanent hOUSing units; (3) children or youth, who because of their own or a parent's homelessness or abandonment, now reSide temporarily and for a short anticipated duration In hospitals, residential treatment faCilities, emergency foster care, detention facilities and the like; and (4) adults living In mental health faCilities, chemical dependency facilities, or criminal justice facilities. Unsheltered Homeless. Count adults, children and youth sleeping in places not meant for human habitation. 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The Executive Summary narratives are optional. ._-.<,-.~~o>,"'f -"~:"':-'''rr~~'f';~(:5:;1l1J~.~j~~~r~~~~. Complete the fillable fields (blue cells) in the table below. The other items are pre- filled with values from the Grantee Information Worksheet. Date Submitted ~oolicant Identifier Type of Submission Date Received by state State Identifier [Application Pre-application Date Received by HUD Federal Identifier o Construction o Construction o Non Construction o Non Construction Applicant Information urlsdiction FL120732 DELRAY BEACH Citv of Delray Beach 07-7283737 100 NW 1st Avenue Municioallty Delray Beach Florida Community Imorovement 33444 Country U.S.A. Community Develooment Employer Identification Number (EIN): Palm Beach County 59-60000308 Program Year Start Date (10101) [Applicant Type: Specify Other Type if necessary: Local Government: City Specify Other Type U.S. Department of Program Funding Housing and Urban Development Catalogue of Federal Domestic Assistance Numbers; Descriptive Title of Applicant Project(s); Areas Affected by proJect(s) (Cities, Counties, localities etc.); Estimated Funding Community Development Block Grant 14.218 Entitlement Grant CDBG Project Titles Description of Areas Affected by CDBG Project( s) $CDBG Grant Amount I~Addltional HUD Grant(s) IDescri be $663 871 Leveraged $Additional Federal Funds Leveraged $Additional State Funds Leveraged $465,689 $Locally Leveraged Funds $Grantee Funds Leveraged :j>149,000 $Anticipated Program Income Other (Describe) Total Funds Leveraged for CDBG-based Project(s) Home Investment Partnerships Program 14.239 HOME HOME Project Titles Description of Areas Affected by HOME Project(s) First Program Year Action Plan 1 Version 1.3 JUriSdiction $HOME Grant Amount I~Additional HUD Grant(s) IDescribe Leveraoed $Additional Federal Funds Leveraged $Additional State Funds Leveraged $Locally Leveraged Funds $Grantee Funds Leveraged $Anticipated Program Income Other (Describe) rrotal Funds Leveraged for HOME-based Project(s) Housing Opportunities for People with 14.241 HOPWA ~IDS HOPWA Project Titles Description of Areas Affected by HOPWA Project(s) $HOPWA Grant Amount I~Additional HUD Grant(s} IDescribe Leveraqed $Additional Federal Funds Leveraged $Additional State Funds Leveraged $Locally Leveraged Funds $Grantee Funds Leveraged $Antlclpated Program Income Other (Describe) Total Funds Leveraged for HOPWA-based Project(s) Emergency Shelter Grants Program 14.231 ESG ESG Project Titles DeScription of Areas Affected by ESG Proiect( s) $ESG Grant Amount I$Additional HUD Grant(s) Leveraged IDescribe $Additional Federal Funds Leveraged $Additional State Funds Leveraged $Locally Leveraged Funds $Grantee Funds Leveraged $Antlclpated Program Income Other (Describe) Total Funds Leveraged for ESG-based Project(s) Conoresslonal Districts of: Is application subject to review by state Aoolicant Districts I Proiect Districts Executive Order 12372 Process? Is the applicant delinquent on any federal DYes This application was made available to debt? If "Yes" please include an additional the state EO 12372 process for review document explaining the situation. on DATE D No Program is not covered bv EO 12372 DYes I D No D N/A Program has not been selected by the state for review First Program Year Action Plan 2 Version 1.3 JUriSdiction Person to be contacted regarding this application Kendra W Graham C. D. Administrator (561) 243-7280 (561) 243-7221 graham@ci.delray-beach.fl.us Grantee Website Other Contact Signature of Authorized Representative Date Signed Narrative Responses ""X-<. < , i 'j5t~~K' '<:Y~l!i~~'!;:;;t':~1~1. Executive Summary The Executive Summary is optional, but encouraged. If you choose to complete it, please provide a brief overview that includes major initiatives and highlights that are proposed during the next year. Program Year 1 Action Plan Executive Summary: General Questions 1. Describe the geographic areas of the jurisdiction (including areas of low income families and/or racial/minority concentration) in which assistance will be directed during the next year. 2. Describe the basis for allocating investments geographically within the jurisdiction (or within the EMSA for HOPWA) (91.215(a)(1)) during the next year and the rationale for assigning the priorities. 3. Describe actions that will take place during the next year to address obstacles to meeting underserved needs. Program Year 1 Action Plan General Questions response: Because this is the first year of a 5-year Plan, a majority of the narrative responses required for the Action Plan mirror the narrative responses for the 5-Year Strategic Plan. Accordingly, under each of the narrative headings, we will refer back to answers contained in the Strategic Plan or, as appropriate, provide a specific response regarding the City's intentions for fiscal year 2005. First Program Year Action Plan 3 Version 1.3 JUriSdiction Activities and programs funded focus on the area identified as the City of Delray Beach's CDBG target area which encompasses the residential core of the City. The boundaries of the CDBG target area extend from Lake Ida Road (north) to Linton Boulevard (south), and from Interstate 95 (west) to U. S. 1 (east). This area includes the downtown business district and twenty-eight residential neighborhoods. The majority of the City's minority and low-income population is concentrated within the 728 acres that make up the residential core. The area contains approximately 2,224 dwelling units, including single family, duplex, and multi-family units. The City's only public housing (200 units), and tax credit housing (256 units) facilities are located in the CDBG target area. Two affordable housing project, Allamanda Gardens, consisting of thirty-six single family unit and Swinton Gardens, an 11 unit single-family development, are both located in the target area. The activities that will be implemented with fiscal year 2005-06 funds have been developed to address the priority needs, strategies and objectives identified in the 2005-2010 Consolidated Plan. The general priorities as stated in the five-year plan are to: 1. To improve existing neighborhoods by constructing infill housing, renovate existing housing, and make infrastructure improvements; 2. To eliminate conditions detrimental to the health, safety, and welfare of citizens within the City; and 3. To encourage private investment and economic growth in eligible neighborhoods. In 2005, the City of Delray Beach will continue to provide funding for an array of community development projects and programs designed to meet the various and diverse needs of its citizens. On an on-going basis the City is involved with numerous initiatives and has successfully formed various essential collaborative agreements with area agencies and service provider organizations focused on meeting the needs of our citizenry. The City will continue using its unique network of Homeowners/Neighborhood Associations to foster communication throughout the City at the neighborhood and resident level. Through this system, each obstacle is addressed as it presents itself to the City and the Community Improvement Department. Managing the Process 1. Identify the lead agency, entity, and agencies responsible for administering programs covered by the consolidated plan. 2. Identify the significant aspects of the process by which the plan was developed, and the agencies, groups, organizations, and others who participated in the process. 3. Describe actions that will take place during the next year to enhance coordination between public and private housing, health, and social service agencies. Program Year 1 Action Plan Managing the Process response: First Program Year Action Plan 4 Version 1.3 JUriSdiction See Consolidated Plan Strategic Plan narrative. In addition, during fiscal year 2005- 06 the City is planning to develop a Neighborhood Resource Center to provide a "one-stop" collaborative service information and resource center for residents in the CDBG target area. Citizen Participation 1. Provide a summary of the citizen participation process. 2. Provide a summary of citizen comments or views on the plan. 3. Provide a summary of efforts made to broaden public participation in the development of the consolidated plan, including outreach to minorities and non- English speaking persons, as well as persons with disabilities. 4. Provide a written explanation of comments not accepted and the reasons why these comments were not accepted. *Please note that Citizen Comments and Responses may be included as additional files within the CPMP Tool. Program Year 1 Action Plan Citizen Participation response: See Strategic Plan narrative. Also see Exhibit 1 (copies of the newspaper ads for the two Public Hearings). Institutional Structure 1. Describe actions that will take place during the next year to develop institutional structure. Program Year 1 Action Plan Institutional Structure response: See Strategic Plan narrative. Monitoring 1. Describe actions that will take place during the next year to monitor its housing and community development projects and ensure long-term compliance with program requirements and comprehensive planning requirements. Program Year 1 Action Plan Monitoring response: During the 2005-06 program year, the City of Delray Beach will conduct an on-site monitoring visit for all subrecipient contracts to verify compliance with all federal regulations and City policies. Additional visits may be made, as deemed necessary by the Community Improvement Department. Lead-based Paint First Program Year Action Plan 5 Version 1.3 JUriSdiction 1. Describe the actions that will take place during the next year to evaluate and reduce the number of housing units containing lead-based paint hazards in order to increase the inventory of lead-safe housing available to extremely low-income, low-income, and moderate-income families. Program Year 1 Action Plan Lead-based Paint response: The City will continue to implement its housing related activities in a manner which assesses lead-based paint risk for the traditional target population (i.e., at risk children under the age of 7). When providing assistance under its housing programs, the City will provide all clients and potential clients with the "Lead-Based Paint" pamphlet that describes hazards of lead-based paint. The City will utilize the services of a certified lead-based paint professional to conduct lead inspections and risk assessments. The City will require contractors who participate in the Housing Rehabilitation Program to conduct all work in a manner conducive with lead safe work practices. r -,"~ > ': <>,,<I~W~"~:'.~*\, ;~:;f~k~~ft_~~~~:>:.,. .?;~~~' , r<<~,- Specific Housing Objectives *Please also refer to the Housing Needs Table In the Needs.xls workbook. 1. Describe the priorities and specific objectives the jurisdiction hopes to achieve during the next year. 2. Describe how Federal, State, and local public and private sector resources that are reasonably expected to be available will be used to address identified needs for the period covered by this Action Plan. Program Year 1 Action Plan Specific Objectives response: The City's primary focus over the next year will be the development and maintenance of affordable housing within the jurisdiction. Utilizing budgeted portions of the combined resources described below, the City plans to accomplish approximately 10 substantial hOUSing rehabilitation activities, and provide at least 10 new homeownership opportunities under our first-time homebuyer program. All activities will serve to directly benefit very low-, low-, and moderate-income families and households. The City will also continue its collaborative effo rts with the Community Redevelopment Agency (CRA), and the Delray Beach Housing Authority (DBHA) in the establishment of a Community Land Trust to create additional affordable housing and ensure long-term affordability; mitigating the Carver Square sits and constructing new single-family units for low- to moderate-income families and converting the historic LaFrance Hotel, located in the West Settler's Historic District, into affordable units for Seniors. First Program Year Action Plan 6 Version 1.3 JUriSdiction Federal, state and local resources will be utilized to provide direct assistance to eligible households, as well as to leverage private investment in the area. The City expects to receive $663,871 in CDBG program funds for the 2005-2006 program year, $463,791 in State Housing Initiatives Partnership (SHIP) funds, and $145,000 in funding assistance via revenue received from the repayment of an Urban Development Action Grant (UDAG) investment in support of our local Neighborhood Housing Program. The City will also apply for additional dollars from the State (SHIP) under its Hurricane Housing Recovery Program for rebuilding efforts. All housing programs are available to eligible very low-, low-, and moderate-income families and households. Needs of Public Housing 1. Describe the manner in which the plan of the jurisdiction will help address the needs of public housing and activities it will undertake during the next year to encourage public housing residents to become more involved in management and participate in homeownership. 2. If the public housing agency is designated as "troubled" by HUD or otherwise is performing poorly, the jurisdiction shall describe the manner in which it will provide financial or other assistance in improving its operations to remove such designation during the next year. Program Year 1 Action Plan Public Housing Strategy response: The City will continue to work closely with the Delray Beach Housing Authority (DBHA) in its efforts to plan for the demolition and redevelopment of the Carver Estates public housing complex. Eligible families will be provided homeownership opportunities through the City's first-time homebuyer program. Members of the Carver Estates Tenant Association will participate in leadership training and organizational capacity building activities sponsored by the City through the Neighborhood Resource Center. Barriers to Affordable Housing 1. Describe the actions that will take place during the next year to remove barriers to affordable housing. Program Year 1 Action Plan Barriers to Affordable Housing response: The City recently passed a Workforce Housing Ordinance that is expected to create additional affordable housing throughout the City. The ordinance relaxes some regulatory (zoning) restrictions in designated areas, allowing increased density in exchange for affordable housing units. During the next year, the City will explore options for expanding the program to additional areas throughout the City. In addition, the City will continue to provide direct homeownership assistance to low- to moderate-income homebuyers to be used for down-payment, closing cost, or as a direct mortgage subsidy, all of which will help to increase the affordability of housing. First Program Year Action Plan 7 Version 1.3 Jurisdiction HOME/ American Dream Down payment Initiative (ADDI) 1. Describe other forms of investment not described in 9 92.205(b). 2. If the participating jurisdiction (PJ) will use HOME or ADD! funds for homebuyers, it must state the guidelines for resale or recapture, as required in 9 92.254 of the HOME rule. 3. If the PJ will use HOME funds to refinance existing debt secured by multifamily housing that is that is being rehabilitated with HOME funds, it must state its refinancing guidelines required under 9 92.206(b). The guidelines shall describe the conditions under which the PJ will refinance existing debt. At a minimum these guidelines must: a. Demonstrate that rehabilitation is the primary eligible activity and ensure that this requirement is met by establishing a minimum level of rehabilitation per unit or a required ratio between rehabilitation and refi na nci ng. b. Require a review of management practices to demonstrate that disinvestments in the property has not occurred; that the long-term needs of the project can be met; and that the feasibility of serving the targeted population over an extended affordability period can be demonstrated. c. State whether the new investment is being made to maintain current affordable units, create additional affordable units, or both. d. Specify the required period of affordability, whether it is the minimum 15 years or longer. e. Specify whether the investment of HOME funds may be jurisdiction-wide or limited to a specific geographic area, such as a neighborhood identified in a neighborhood revitalization strategy under 24 CFR 91.215(e)(2) or a Federally designated Empowerment Zone or Enterprise Community. f. State that HOME funds cannot be used to refinance multifamily loans made or insured by any federal program, including CDBG. 4. If the PJ is going to receive American Dream Down payment Initiative (ADDI) funds, please complete the following narratives: a. Describe the planned use of the ADDI funds. b. Describe the PJ's plan for conducting targeted outreach to residents and tenants of public housing and manufactured housing and to other families assisted by public housing agencies, for the purposes of ensuring that the ADDI funds are used to provide down payment assistance for such residents, tenants, and families. c. Describe the actions to be taken to ensure the suitability of families receiving ADD! funds to undertake and maintain homeownership, such as provision of housing counseling to homebuyers. Program Year 1 Action Plan HOME/ADDI response: The City does not receive HOME/ADD! funds. A>'.....~~ .00__ . ....l' ".P~.r.~~'\~'~';~;:.~'i~:,i~:":,tr~~~~~~~'i.~,.:: . ,- '- :~<o/~~~' ~ - --- -=.." - First Program Year Action Plan 8 Version 1.3 JUriSdiction Specific Homeless Prevention Elements *Please also refer to the Homeless Needs Table In the Needs.xls workbook. 1. Sources of Funds-Identify the private and public resources that the jurisdiction expects to receive during the next year to address homeless needs and to prevent homelessness. These include the McKinney-Vento Homeless Assistance Act programs, other special federal, state and local and private funds targeted to homeless individuals and families with children, especially the chronically homeless, the HUD formula programs, and any publicly-owned land or property. Please describe, briefly, the jurisdiction's plan for the investment and use of funds directed toward homelessness. 2. Homelessness-In a narrative, describe how the action plan will address the specific objectives of the Strategic Plan and, ultimately, the priority needs identified. Please also identify potential obstacles to completing these action steps. 3. Chronic homelessness- The jurisdiction must describe the specific planned action steps it will take over the next year aimed at eliminating chronic homelessness by 2012. Again, please identify barriers to achieving this. 4. Homelessness Prevention-The jurisdiction must describe its planned action steps over the next year to address the individual and families with children at imminent risk of becoming homeless. 5. Discharge Coordination Policy-Explain planned activities to implement a cohesive, community-wide Discharge Coordination Policy, and how, in the coming year, the community will move toward such a policy. Program Year 1 Action Plan Special Needs response: See Strategic Plan homeless narratives describing the City's participation in the Palm Beach County Continuum of Care, which is a countywide strategy (inclusive of Delray Beach) for meeting the needs of individuals and families who are homeless or at risk of homelessness. The Continuum of Care system includes the following components: Homeless Prevention Services, Outreach and Assessment, Emergency Shelter, Transitional Housing, Permanent Supportive Housing, and Permanent Housing. Emergency Shelter Grants (ESG) (States only) Describe the process for awarding grants to State recipients, and a description of how the allocation will be made available to units of local government. Program Year 1 Action Plan ESG response: ~"""V'~"-'f~#~ 1', :~;"~':!f,~~~'i~i~:, fi~~~~~j;~}:",;,:::~'}~:, r,"?;~t., ,., First Program Year Action Plan 9 Version 1.3 JUrisdiction Community Development *Please also refer to the Community Development Table in the Needs.xls workbook. 1. Identify the jurisdiction's priority non-housing community development needs eligible for assistance by CDBG eligibility category specified in the Community Development Needs Table (formerly Table 2B), public facilities, public improvements, public services and economic development. 2. Identify specific long-term and short-term community development objectives (including economic development activities that create jobs), developed in accordance with the statutory goals described in section 24 CFR 91.1 and the primary objective of the CDBG program to provide decent housing and a suitable living environment and expand economic opportunities, principally for low- and moderate-income persons. *Note: Each specific objective developed to address a priority need, must be identified by number and contain proposed accomplishments, the time period (I.e., one, two, three, or more years), and annual program year numeric goals the jUrisdiction hopes to achieve In quantitative terms, or in other measurable terms as identified and defined by the jurisdiction. Program Year 1 Action Plan Community Development response: A description of the activities and specific goals are included in the project charts. A summary listing of activities and the Consolidated Plan priority need addressed by each appears below (please note that "CD" stands for Community Development): Amount of Priority Need Objective Activity Proposed Funds CD Objective 1: Utilize CDBG funds The Center for Technology, to provide businesses located in, or Enterprise and Development will be located, within the established CDBG target area for any activity where the assistance is $30,000 appropriate to ca rry out an economic development project. CD Objective 1: Utilize CDBG funds Southwest Area to provide financial and technical Redevelopment Plan Economic assistance to eligible for-profit Development Activity businesses located in, or will be located within, the established $70,000 CDBG target area for any activity where the assistance is appropriate to ca rry out an economic development proiect. CD Objective 2: Utilize CDBG funds Community Child Care Center - to provide for a wide range of provides subsidized childcare activities which include, but are not services and extended daycare limited to, senior services, crime services for youth at the Village prevention, child care, youth Academy Beacon Center $75,000 services, fair housing counseling, recreational services, tenant/landlord counseling and employment traininQ. First Program Year Action Plan 10 Version 1.3 Jurisdiction Amount of Priority Need Objective Activity Proposed Funds CD Objective 2: Utilize CDBG funds Urban League of Palm Beach to provide for a wide range of County - provides housing activities which include, but are not counseling and emergency limited to, senior services, crime intervention programs prevention, child care, youth $15,000 services, fair housing counseling, recreational services, tenant/landlord counseling and employment training. CD Objective 2: Fair Housing Fair Housing Center of the Outreach and Education Greater Palm Beach, Inc. $5 000 CD Objective 2: Contingency Unidentified Public Service Activity $4 000 CD Objective 4: Funds are Administration provided for the overall administration of the CDBG $126,650 program and Community Development Division CD Objective 5: Funds are provided for the demolition of Demolition unsafe and dilapidated housing $9,000 structures Housing Objective 2: Conserve the Single Family Owner-Occupied existinq affordable housinq stock Housinq Rehabilitation $329,221 Total $663,871 See Strategic Plan narrative for specific long- and short-term community development objectives. Antipoverty Strategy 1. Describe the actions that will take place during the next year to reduce the number of poverty level families. Program Year 1 Action Plan Antipoverty Strategy response: See Strategic Plan narrative. " ~ "':""".dC"~, ,"".~ ',' ,"?C:""~"~,,,"f~><" '9:'"'-'if"":!'~~~?'.J';9'-:'*~"'~t'I':"" . :'".\ ""~7)?" Non-homeless Special Needs (91.220 (e) and (e)) *Please also refer to the Non-homeless Special Needs Table In the Needs.xls workbook. 1. Describe the priorities and specific objectives the jurisdiction hopes to achieve for the period covered by the Action Plan. 2. Describe how Federal, State, and local public and private sector resources that First Program Year Action Plan 11 Version 1,3 ------ JUriSdiction are reasonably expected to be available will be used to address identified needs for the period covered by this Action Plan. Program Year 1 Action Plan Specific Objectives response: Although the City will use relatively few, if any Consolidated Plan resources to meet the needs of the Special Needs population during the next year, through its holistic approach to community development the City hopes to meet some of those needs. Through its partnership with the DSHA, the City will continue to provide increased housing opportunities for public assistance families to purchase their first home, accessibility for the disabled will continue to be addresses as a component of the City's housing rehabilitation program, funding provided to small businesses for economic development activities will require job creation for low-income persons, and the City will continue to provide funding to nonprofit and social service agencies for programs that benefit special needs residents. Funding to support the goals listed above will come from a variety of sources, including the City's CDSG Housing Opportunities for People with AIDS *Please also refer to the HOPWA Table In the Needs.xls workbook. 1. Provide a Brief description of the organization, the area of service, the name of the program contacts, and a broad overview of the range/ type of housing activities to be done during the next year. 2. Report on the actions taken during the year that addressed the special needs of persons who are not homeless but require supportive housing, and assistance for persons who are homeless. 3. Evaluate the progress in meeting its specific objective of providing affordable housing, including a comparison of actual outputs and outcomes to proposed goals and progress made on the other planned actions indicated in the strategic and action plans. The evaluation can address any related program adjustments or future plans. 4. Report on the accomplishments under the annual HOPWA output goals for the number of households assisted during the year in: (1) short-term rent, mortgage and utility payments to avoid homelessness; (2) rental assistance programs; and (3) in housing facilities, such as community residences and SRO dwellings, where funds are used to develop and/or operate these facilities. Include any assessment of client outcomes for achieving housing stability, reduced risks of homelessness and improved access to care. 5. Report on the use of committed leveraging from other publiC and private resources that helped to address needs identified in the plan. 6. Provide an analysis of the extent to which HOPWA funds were distributed among different categories of housing needs consistent with the geographic distribution plans identified in Its approved Consolidated Plan. 7. Describe any barriers (including non-regulatory) encountered, actions in response First Program Year Action Plan 12 Version 1.3 JUriSdiction to barriers, and recommendations for program improvement. 8. Please describe the expected trends facing the community in meeting the needs of persons living with HIVjAIDS and provide additional information regarding the administration of services to people with HIVjAIDS. 9. Please note any evaluations, studies or other assessments that will be conducted on the local HOPWA program during the next year. Program Year 1 Action Plan HOPWA response: Specific HOPWA Objectives Describe how Federal, State, and local public and private sector resources that are reasonably expected to be available will be used to address identified needs for the period covered by the Action Plan. Program Year 1 Specific HOPWA Objectives response: ~ "j-";J' ~ " i" ,":V~~~iF'c ':<li'!~!,,~ .~:~'~~~. ?,~~~~~~:'(>~~,',-,:~?~~~'~~':"';:--c""''I;''tl~''''~r- Include any Action Plan information that was not covered by a narrative in any other section. First Program Year Action Plan 13 Version 1.3 CPMP Version 1 3 Grantee Name: Jurisdiction Project Name: IThe Center for TechnoloQv, Enterorise and Development Oescription: I IIOIS Project #: UOG Code: IFL120732 DELRAY BEACH Location: Priority Need Category 33 S.E. 1st Avenue i ...1 Oelray Beach, Florida 33444 Select one: Economic Development I Explanation: Expected Completion Date: (09/30/2006) National Objective Codes: ! LMA "'i I Project Primary Purpose: Specific Objectives o Help the Homeless 1 Improve economic opportunities for low-Income persons ...1 o Help Persons with HIV/AIDS ! : ...1 o Help Persons with Disabilibes 2 o Address Public Housing Needs 3 :.1 08 Businesses ...' Proposed Accompl. Type: ... Proposed III ..., Underway Underway - C QJ QJ Complete Complete > E .!.c Accompl. Type: I'" Proposed Accompl. Type: ... Proposed I III 'ti= Underway Underway QJD. Complete Complete '0' E ... 0 Accompl. Type: ... Proposed Accompl. Type: I'" Proposed a. u u Underway Underway c:C Complete Complete Proposed Outcome Performance Measure Actual Outcome 5 Businesses Matrix Codes i ...1' Matrix Codes j.1 Matnx Codes ...1 Matrix Codes i ...1 Matrix Codes '...1 Matrix Codes 1.1 ... CDBG ... Proposed Amt. 30,000 ;:und Source: "'1 Proposed Amt. ... Actual Amount Actual Amount ftI Proposed Amt. Proposed Amt. QJ Fund Source: ... Fund Source: ... > Actual Amount Actual Amount E ftI Accompl. Type: ... Proposed Units Accompl. Type: ... Proposed Units ... C' Actual Units Actual Units 0 Accompl. Type: I... ... Accompl. Type: ... Proposed Units Proposed Units a. Actual Units Actual Units Project (1) 1 CPMP CPMP VersIon 1 3 Grantee Name: Jurisdiction Project Name: I Southwest Area Redevelopment Plan Economic Development Activity Description: I IDIS Project #: I I UOG Code: IFL120732 DELRAY BEACH Utilize CDBG funds to provide financial and technical asistance to eligible for-profit businesses located in, or will be located in, the established CDBG target area for any activity where the assistance IS appropriate to carry out an economic development activity. Location: Priority Need Category Select one: Economic Development "'I Explanation: Expected Completion Date: (09/30/2006) National Objective Codes: LMA ;'" Project Primary Purpose: Specific Objectives o Help the Homeless 1 Improve economic opportumtles for low-income persons '...T o Help Persons WIth HIV/AIDS ! ...1 o Help Persons WIth Disabilities 2 o Address Public Housing Needs 3! ...1 08 Businesses i'" Proposed Accompl. Type: ... Proposed In ..., Underway Underway - C G1 G1 Complete Complete > E .!!J: Accompl. Type: ... Proposed Accompl. Type: I'" Proposed I In t= Underway Underway G.lQ. Complete Complete '0' E I.. 0 Accompl. Type: I... Proposed Accompl. Type: ... Proposed I:l. u u Underway Underway c( Complete Complete ProDosed Outcome Performance Measure Actual Outcome 18A ED Direct Financial Assistance to For-Profits S70.203(b) I ...1 Matnx Codes [...1 Matrix Codes ...1 Matnx Codes ...1 Matrix Codes i ...1; Matrix Codes ...1 .... CDBG ... Proposed Amt. 70,000 Fund Source: ... Proposed Amt. I.. Actual Amount Actual Amount I'Cl Proposed Amt. I... Proposed Amt. G1 Fund Source: ... F .md Source: > Actual Amount Actual Amount E Proposed Units I'Cl Accompl. Type: '" Proposed Units Accompl. Type: i'" I.. c::n Actual Units Actual Units 0 I.. Accompl. Typ~~ Proposed Units A::compl. Type: ... Proposed Units I:l. Actual Units Actual Units Project (2) 1 CPMP C Grantee Name: Jurisdiction PMP Version 1 3 Project Name: ICommunity Child Care Center Description: I IIDIS Project #: I UOG Code: IFL120732 DELRAY BEACH Provides subsidized chHdcare services and extended daycare servIces for youth at the Village Academy Beacon Center Location: Priority Need Category 555 NW 4th Avenue I I Delray Beach, FL 33444 Select one: ' Public Services ... Explanation: Expected Completion Date: (09/30/yyyy) National Objective Codes: LMC I .... ProJeCt Primary Purpose: Specific Objectives o Help the Homeless 1 ' ...1 o Help Persons With HIV/AIDS 1...1 o Help Persons with Disabilities 2 o Address Public Housing Needs 3 ; ....1 III 01 People i.... Proposed Accompl. Type: .... Proposed _ 1: Underway Underway ~ QI Complete Complete QI E I "i" i Accompl. Type: .... Proposed Accompl. Type: ,.... Proposed ti :: Underway Underway QlD. '0' E Complete Complete L. 0 D. u Accompl. Type: .... : Proposed Accompl. Type: .... Proposed ~ Underway Underway Complete Complete Proposed Outcome Performance Measure Actual Outcome OSL Child Care Services S70.201(e) I ....1 i Matrix Codes 1-...1 Matnx Codes ....1 ! Matrix Codes 1 ....1 I Matrix Codes .... I Matrix Codes I ....1 I 'I"'f CDBG .... Proposed Amt. 75,000 Fund Source: .... I Proposed Amt. L. Actual Amount Actual Amount ~ Fund Source: I.... Proposed Amt. Fund Source: .... Proposed Amt. ~ Actual Amount Actual Amount ~ Accompl. Type: I.... Proposed Units Accompl. Type: .... Proposed Units at Actual Units Actual Units o G:. Accompl. Type: .... Proposed Units Accompl. Type: .... Proposed Units Actual Units Actual Units Project (3) 1 CPMP CPMP Version 1 3 Grantee Name: Jurisdiction Project Name: IUrban League of Palm Beach County Description: I IIDIS Project #: I I UOG Code: I FL120732 DELRAY BEACH Provides housing counseling and emergency mterventlon programs Location: Priority Need Category 1700 N. Australian Avenue ....1 West Palm Beach, FL 33407 Select one: 1 Public Services Explanation: Expected Completion Date: (09/30/2006) National Objective Codes: ,- ;LMC ....: ---- Project Primary Purpose: Specific Objectives o Help the Homeless I ....1 1 ' Improve the services for low/mod Income persons o Help Persons with HIV/AIDS : I ....1 o Help Persons with Disabilities 2 ' Improve access to affordable rental housing o Address Public Housing Needs 3 Improve access to affordable owner housing 1....1 01 People I Proposed Accompl. Type: Proposed ....; .... (II .... Underway Underway - C G.J G.J Complete Complete > E .!.c Accompl. Type: . .... Proposed Accompl. Type: .... Proposed I III 1:;= Underway Underway G.JQ. Complete Complete '0' E "- 0 Accompl. Type: .... Proposed Accompl. Type: I.... Proposed 0. u u Underway Underway CC Complete Complete Pro Dosed Outcome Performance Measure Actual Outcome OSK Tenant/Landlord Counseling S70.201(e) i .... I. Matrix Codes ....1 Matrix Codes i ....1, Matrix Codes i ....1 Matrix Codes ! ....l Matrix Codes 1....1 'I"'t CDBG ~ Proposed Amt. 15,000 Fund Source: I.... Proposed Amt. "- Actual Amount Actual Amount ftI Proposed Amt. Proposed Amt. G.J Fund Source: ,.... Fund Source: .... > Actual Amount Actual Amount E ftI Accompl. Type: I.... Proposed Units Accompl. Type: .... Proposed Units "- en Actual Units Actual Units 0 "- Accompl. Type: .... Proposed Units Accompl. Type: .... Proposed Units 0. Actual Units Actual Units Project (4) 1 CPMP CPMPV 3 Grantee Name: Jurisdiction erSlOn 1 Project Name: IFair Housing Center of the Greater Palm Beaches Inc. Description: I 11015 Project #: I IUOG Code: IFL120732 DELRAY BEACH Provide fair housing outreach and education Location: Priority Need Category 1300 W. Lantana Road I SUite 100 5 I t i Public Services ..... e ec one: Lantana, FL 33462 Explanation: Expected Completion Date: (09/30/2006) National Objective Codes: I LMA ... Project Primary Purpose: Specific Objectives o Help the Homeless 1 Increase range of housing options & related services for persons wi speCial needs ... ! o Help Persons with HIV/AIDS ; 1 O 2 Improve access to affordable owner housing for mlnontles : .... Help Persons With Disabilities o Address Public Housing Needs 3 Improve access to affordable rental housing ! ...1 III 01 People :.... Proposed Accompl. Type: .... Proposed _ ~ Underway Underway ~ CI.lE Complete Complete CI.l! I Z i Accompl. Type: !.... Proposed Accompl. Type: I.... Proposed u :.: Underway Underway CI.lQ. '0' E Complete Complete ... 0 a. u Accompl. Type: .... Proposed Accompl. Type: .... Proposed u I--- cc Underway Underway Complete Complete Proposed Outcome Performance Measure Actual Outcome OSJ Fair Housing ActiVities (If CDBG, then subject to S70.201(e)' .... i! Matnx Codes : ....1 I Matrix Codes .... I Matrix Codes I.... I I Matrix Codes ~ Matrix Codes ....1 '1"4 CDBG I.... Proposed Amt. 5,000 Fund Source: .... Proposed Amt. ... Actual Amount Actual Amount "' ~ Fund Source: .... Proposed Amt. Fund Source: .... Proposed Amt. E Actual Amount Actual Amount ~ Accompl. Type: .... Proposed Units Accompl. Type: .... Proposed Units Ct Actual Units Actual Units o Ii: Accompl. Type: .... Proposed Units Accompl. Type: I.... Proposed Units Actual Units Actual Units Project (5) 1 CPMP --- CPMP Version 1.3 Grantee Name: Jurisdiction Project Name: IAdministration Description: I IIDIS Project #: I I UOG Code: IFL120732 DELRAY BEACH Provides for the overall administration of the CDBG program and Community Development Division Location: Priority Need Category 100 NW 1st Avenue ! Planning/Administration ...1 Delray Beach, Fl 33444 Select one: Explanation: Expected Completion Date: (09/30/2006) National Objective Codes: Not Applicable , ... -- Project Primary Purpose: Specific Objectives D Help the Homeless 1 ; ...1 D Help Persons with HIV/AIDS I ...1 D Help Persons With Disabilities 2' D Address Public Housing Needs 1 ...1 3' Accompl. Type: i... Proposed Accompl. Type: , ... Proposed en ..., Underway Underway - l: QJ QJ Complete Complete > E ~-'= Accompl. Type: ... ' Proposed Accompl. Type: ... Proposed I en 1J= Underway Underway QJ CI. Complete Complete '0' E ... 0 Accompl. Type: '... Proposed Accompl. Type: I'" Proposed a. u u Underway Underway < Complete Complete Proposed Outcome Performance Measure Actual Outcome 21A General Program Administration 570.206 1...1 Matnx Codes ...1 Matrix Codes ,...1 Matnx Codes r...1 i Matnx Codes ...1 Matrix Codes ! ...1 .-t CDBG I'" Proposed Amt. 126,650 Fund Source: ... Proposed Amt. f--- ... Actual Amount Actual Amount 10 Proposed Amt. Proposed Amt. QJ Fund Source: ... Fund Source: ... > Actual Amount Actual Amount E 10 Accompl. Type: ... Proposed Units ,::;;::;::;' Accompl. Type: I'" Proposed Units ... c:n Actual Units Actual Units 0 ... Accompl. Type: i'" Proposed Units j!iiliW!i Accompl. Type: I'" Proposed Units a. Actual Units Actual Units Project (6) 1 CPMP CPMP Version 1.3 Grantee Name: Jurisdiction Project Name: I Demolition Description: I IIDIS Project #: UOG Code: IFL120732 DELRAY BEACH Funds are provided for the demoliton of unsafe and dilapidated housing structures Location: Priority Need Category CDBG target area I Other .../ Select one: Explanation: Expected Completion Date: (mm/dd/yyyy) National Objective Codes: LMA j. Project Primary Purpose: Specific Objectives o Help the Homeless 1 . ...1 o Help Persons With HIV/AlDS 1...1 o Help Persons with Disabilities 2 o Address Public Housing Needs 3 i ...1 10 HOUSing Units ... Proposed Accompl. Type: ... Proposed III 1-- - .... Underway Underway - C Q,J Q,J Complete Complete > E .!.c Accompl. Type: i... Proposed Accompl. Type: ... Proposed I III t= Underway Underway Q,J C. Complete Complete '0' E L. 0 , Proposed Proposed a. u Accompl. Type: !... Accompl. Type: ,'" u Underway Underway <C Complete Complete Proposed Outcome Performance Measure Actual Outcome 04 Clearance and Demolition 570.201(d) ...1 i MatriX Codes i ... i I Matnx Codes ...1 Matnx Codes 1...1 I MatriX Codes I "'1 MatJix Codes : ...1 'I"f CDBG I... Proposed Amt. 9.0()() Fund Source: J... Proposed Amt. L. Actual Amount Actual Amount ra Proposed Amt. "'1 Proposed Amt. Q,J Fund Source: ... Fund Source: > E Actual Amount Actual Amount ra Accompl. Type: I... Proposed Units Accompl. Type: ... Proposed Units L. c:n Actual Units Actual Units 0 L. Accompl. Type: ... Proposed Units Accompl. Type: ... Proposed Units a. Actual Units Actual Units Project (7) 1 CPMP CPMP Version 1.3 Grantee Name: Jurisdiction Project Name: ISinCJle Familv Owner-Occupied Housing Rehabilitation Description: I IIDIS Project #: I I UOG Code: IFL120732 DELRAY BEACH Funding prOVided to conserve the eXisting affordable housing stock Location: Priority Need Category CDBG target area ~ Select one: Owner Occupied Housing Explanation: Expected Completion Date: (09/30/2006) National Objective Codes: LMH !... Project Primary Purpose: SpecifiC Objectives o Help the Homeless 1 Increase the availability of affordable owner housing , I i.... , o Help Persons with HIV/AIDS 2 Improve the quality of owner housing ...1 o Help Persons With Disabilities o Address Public Housing Needs 31 ....1 10 Housing Units ... Proposed Accompl. Type: ... Proposed III .... Underway Underway - C CU CU Complete Complete > E .!!.c Accompl. Type: ... Proposed Accompl. Type: ... Proposed I III 'ti= Underway Underway CUe. Complete Complete '0' E '- 0 I Proposed Proposed D. u Accompl. Type: ...: Accompl. Type: ... u ~ <C Underway Underway Complete Complete Proposed Outcome Performance Measure Actual Outcome 14A Rehab; Single-Unit ReSidential 570.202 1 ...1 Matrix Codes ! ....1 Matrix Codes ...1 ; Matrix Codes 1....1 Matrix Codes ... J Matrix Codes ...1 '1"'4 CDBG , ... Proposed Amt. 329,221 ;o";..nd Source: ... Proposed Amt. '- Actual Amount Actual Amount IV Proposed Amt. ...i Proposed Amt. CU Fund Source: '... Fund Source: > I E Actual Amount Actual Amount IV Accompl. Type: ... Proposed Units Accompl. Type: ... Proposed Units '- Dl Actual Units Actual Units 0 '- Accompl. Type: .... Proposed Units Accompl. Type: .... Proposed Units D. Actual Units Actual Units Project (8) 1 CPMP Agenda Item No.: \\0 D AGENDA REQUEST Request to be placed on: Date: July 27, 2003 _ Regular Agenda _ Special Agenda _ Workshop Agenda _ Consent Agenda When: August 2, 2005 Description of item: ;>..oIO~ City Commission approval of the Five Year Consolidated Plan (2005-2-009) and 2005- 2006 Annual Action Plan required by the United States Housing & Urban Development (HUD) Agency for utilization of grant funds. ORDINANCE/RESOLUTION REQUIRED: Yes/No Draft Attached: Y es/N 0 Recommendation: :loIO~ Staff recommends approval of the Five Year Consolidated Plan (2005-2Be9) and 2005- 2006 Annual Action Plan required by HUD to address the needs identified by the Target Area residents. CDBG Total: Account Number: Department Head Signature: ~v p--- - City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure offunds): Funding Available: YESINO Funding Alternatives: (if applicable) Account No. & Description: Account Balance: City Manager Review: ~O~ Approved for Agenda: Hold Until: Agenda Coordinator Review: RECE\VED Received: jUl 19 1.005 Placed on Agenda: C\1'{ CLEf\y( ~d, .,/1;' ~ CITY COMMISSION DOCUMENTATION I TO: DAVID T. HARDEN, CITY MANAGE~,t -file- THRU: PAUL DORLlNG, DIRECTOR OF PLANNING ANfilzONING FROM: JASMIN ALLEN, PLANNER lt2&n,;ij (jf~ ~ SUBJECT: MEETING OF AUGUST 2, 2 05 REZONING FROM CBD (CENTRAL BUSINESS DISTRICT) TO CF (COMMUNITY FACILITIES) FOR DELRAY COMMUNITY MISSIONARY BAPTIST CHURCH, LOCATED ON THE NORTH AND SOUTH SIDES OF SW 1ST STREET, WEST OF SW 5TH AVENUE. ~ BACKGROUND ( Delray Community Missionary Baptist Church currently occupies the building, located at 94 SW 5th Avenue (northwest corner of SW 1st Street and SW 5th Avenue) In 1989, the church acquired Lot 9 and 10, Block 22 (southwest corner SW 1st Street and SW 5th Avenue). An additional parcel (north of the existing church) was purchased in 1997 These parcels are currently vacant. The subject property has been rezoned several times beginning in 1990 with the City-wide rezonings, from RM-6 (Multiple Family Resldential-6 du/ac) to RM (Medium Density Residential) In conjunction with the approval of the West Atlantic Avenue Redevelopment Plan on December 5, 1995, the City Commission passed Ordinance No. 75-95 which rezoned the subject parcels located on the north side of SW 1st Street from RM (Medium Density ReSidential) to GC (General Commercial) On January 6, 2004, the City Commission approved a change in the zone district from RM (Medium Density Residential) to GC (General Commercial) for Lots 9 and 10 Block 22, pursuant to the adopted Southwest Area Neighborhood Redevelopment Plan. In conjunction with the adopted Delray Beach Downtown Master Plan, the City Commission on October 19,2004, approved Ordinance No. 31-04 which rezoned the subject site from GC (General Commercial) to CBD (Central Business District). The church IS proposing to renovate the existing building to accommodate a meeting/fellowship hall and the construction of a 3,500 sq. ft. sanctuary with classrooms and associated parking on the vacant parcels located at the southwest corner of SW 1st Street and SW 5th Avenue. As the CBD zone district does not allow churches or places of worship a rezoning application has been submitted by the Church to change the zoning designation of the entire church's holdings from CBD (Central Business District) to CF (Community Facilities). POSitive findings can be made with respect to Sections 3.1.1, 3 2.2, and 2 4.5(D) of the Land Development Regulations. Additional background and an analysis of the request IS found in the attached Planning and Zoning Board Staff Report. I PLANNING AND ZONING BOARD CONSIDERATION I At ItS meeting of July 18, 2005, the Planning and Zoning Board held a public hearing In conjunction with the request There was no publiC testimony in support of or opposition to the proposal. After revieWing the staff report and discussing the proposal, the Board voted 6-0 to recommend to the City Commission approval of the rezoning, by adopting the findings of fact and law contained in the staff report, and a finding that the request IS consistent With the Comprehensive Plan, and meets the criteria set forth in Sections 3,1.1, 3.2.2, and 2.4.5(D)(5} of the Land Development Regulations , RECOMMENDED ACTION , Move approval of the rezoning from CBD to CF, by adopting the findings of fact and law contained in the staff report, and a finding that the request IS consistent with the Comprehensive Plan. and meets the criteria set forth in Sections 3.1 1, 3.2.2, and 2 4.5(D}(5} of the Land Development Regulations, with second reading to occur on August 16, 2005 Attachments: Proposed Ordinance & Planning and Zoning Board Staff Report of July 18, 2005 \~A ORDINANCE NO. 53-05 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED CBD (CENTRAL BUSINESS DISTRICT) DISTRICT TO CF (COMMUNITY FACILITIES) DISTRICT; SAID LAND BEING A PARCEL LOCATED ON THE NORTH AND SOUTH SIDES OF SW 1 S1 STREET, WEST OF SW 5TH A VENUE, AS MORE P ARTICULARL Y DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRA Y BEACH, FLORIDA, APRIL 2005"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated April 2005, being zoned CBD (Central Business District) District; and WHEREAS, at its meeting of July 18, 2005, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 6 to 0 to recommend that the property hereinafter described be rezoned, based upon positive findings; and WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the changes are consistent with and furthers the objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, be amended to reflect the revised zoning classification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That the Zoning District Map of the City of Delray Beach, Florida, be, and the same is hereby amended to reflect a zoning classification of CF (Community Facilities) District for the following described property: Lots 9 & 10 Subdivision of the North half of Block 22 Town of Linton (now Delray) according to the Plat thereof as recorded in Plat Book 10 Page 38 of the Public Records of Palm Beach County, Florida. Together With Commencing at the Southeast comer of Block 21 for a point of beginning; thence westerly a distance of 135 feet; thence northerly 100 feet; thence easterly a distance of 135 feet; thence southerly a distance of 100 feet to the point of beginning, being in the Town of Delray Beach, formerly Linton, according to the Plat now on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida recorded in Plat Book 1, Page 3 Section 3. That the Planning and Zoning Director of the said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with the provisions of Section 2 hereof. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 6. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and [mal reading on this the _ day of , 200_ ATTEST MAYOR City Clerk First Reading Second Reading 2 ORD NO. 53-05 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT --- MEETING DATE: July 19, 2005 AGENDA ITEM: IV.B. ITEM: Rezoning from Central Business District (CBD) to Community Facilities (CF) for Delray Community Missionary Baptist Church, located on the north and south sides of SW 1 st Street, west of SW 5th Avenue. ill.[ITCO, ~J ~ ~'~~< - == ~-~~ ~== I FIRE f------ ;::: I~ STAnON ~- e~ W' ITillillIill L- LE "" , , z \ ~:! I ~ ~ i ,!I 'z NO 1 z ATLANTIC AVE [Ill] : : ! Uill POLICE GENERAL DATA: . , . . I ~ - il' : ----- COMPLEX :il:, -- ___ :-r- -- -- --- -- r-- --- ~ Owner...................................... Delray Community Missionary --;;- > ~ a='==C-< < Baptist Church, Inc -,- :=r--- ~ Applicant.................................. Fine Built Construction, inc. ~ -- t-- - --1---- I-+-::,-- S T Agent.. ..................................... Charles Fifield ~ 1ST r- ~ ~ I 1---, I -- -- r---' I p-L r--- . -J _ Location.................. ................. North and South sides of SW f ~ II == f---::= f-- f--l--- c---- It-- I-- Street, west of SW 5th Avenue ! t--- iE ~ ~ oD II Property 0.78 Acre , II H- rTlF 1 Size............................ . ~ i i I t- T1 I Existing F.L.U.M. Designation.. CC (Commercial Core) ~I 'j 2ND ST Current CBD (Central Business District) ~ ]I! ]]I r-r- II Ii I Zoning.... ............ .......... I--- Existing Land Church, with the remaining ~ r+ - Use.................... . portion of the site vacant ~ '" V> Proposed Land Construction of a new !B II III m I I Use................. . sanctuary building at the I--- I r I. I southwest corner of SW 1 sl SW JRD , [[]]] '" I II I II Street and SW 5th Avenue and _U> - '" - - V> conversion of the existing - - church to a fellowship hall - - Water n/a - C Service......................... .. - f-- ]ill I i ~ II = I I Sewer n/a w ST Service........... ...... .......... r~~ - I - I-- [ :- - -i--' J_ , - --1 iE ! > r1i f-- r-~ . . --- ---+- -- -'~____ : I iE --I ~ --+ ____ _L ~- '" -TTT I-----i I ; : "' i ' i '" I! i ~ I------i - - ~.. , hA 6TH ST IV.B. 1- ITEM';'BEFORE THE BOARD ~ The item before the Board is that of making a recommendation to the City Commission on a rezoning from CBD (Central Business District) to CF (Community Facilities) for Delray Community Missionary Baptist Church. The subject property is located at on the north and south sides of SW 1 st Street, west of SW 5th Avenue and contains 0.78 acres J~'~~~op.:,.. . .. lr<'B.A~d1(G'lfo"lrN'D' (p,;R"o:ie'C'T"',j) a;:'S C'R I P T'I 0 N ~ The proposal incorporates the following: Lots 9 & 10 Subdivision of the North half of Block 22 Town of Linton (now Delray) according to the Plat thereof as recorded in Plat Book 10 Page 38 of the Public Records of Palm Beach County, Florida. Together with a parcel described as: Commencing at the Southeast corner of Block 21 for a point of beginning; thence westerly a distance of 135 feet; thence northerly 100 feet; thence easterly a distance of 135 feet; thence southerly a distance of 100 feet to the point of beginning, being in the Town of Delray Beach, formerly Linton, according to the Plat now on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida recorded in Plat Book 1, Page 3 Delray Community Missionary Baptist Church currently occupies the building within Block 21, located at 94 SW 5th Avenue (northwest corner of SW 1 st Street and SW 5th Avenue). The structure was constructed in 1960 and was originally utilized as retail store. An apartment addition was constructed in 1968 to the rear of the structure. From file correspondence it appears that the building was converted and utitized as a church facility since the early 1980's. In 1989, the church acquired Lot 9 and 10, Block 22 (southwest corner SW 1st Street and SW 5th Avenue). An additional parcel (north of the existing church) was purchased in 1997. These parcels are currently vacant. Recent land use history includes several zoning changes to the subject property. In 1990 with the City-wide rezonings, the subject parcels were rezoned from RM-6 (Multiple Family Residential-6 du/ac) to RM (Medium Density Residential). In conjunction with the approval of the West Atlantic Avenue Redevelopment Plan on December 5, 1995, the City Commission passed Ordinance No. 75-95 which rezoned the subject parcels located on the north side of SW 1 st Street from RM (Medium Density Residential) to GC (General Commercial). On January 6,2004, the City Commission approved a change in the zone district from RM (Medium Density Residential) to GC (General Commercial) for Lots 9 and 10 Btock 22. In conjunction with the adopted Delray Beach Downtown Master Plan, the City Commission on October 19, 2004, approved Ordinance No. 31-04 which rezoned the subject site from GC (General Commercial) to CBD (Central Business District). In 1997, ---- P&Z Board Staff Report Rezoning from CBO to CF for Oelray Community Missionary Baptist Church Page 2 a Class I site plan modification was approved to allow the installation of a sidewalk and concrete drive to the property. The church is proposing to renovate the existing building to accommodate a meeting/fellowship hall and the construction of a 3,500 sq. ft. sanctuary with classrooms and associated parking on the vacant parcels located at the southwest corner of SW 1 st Street and SW 5th Avenue. As the CBO zone district does not allow churches or places of worship a rezoning application has been submitted by the Church to change the zoning designation of the entire church's holdings from CBO (Central Business District) to CF (Community Facilities) and is now before the Board for action. I --, . ..... -.' ,:-:';" .....;... .... ~ .. . .. ANALYSIS ~ . ":. . "." REQUIRED FINDINGS: LOR (Chapter 3) PERFORMANCE STANDARDS: Pursuant to LOR Section 3.1.1, prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan Consistency and Compliance with the Land Development Regulations. D Future Land Use Map - The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. The subject property has a Future Land Use Map designation of (CC). Pursuant to LOR Section 4.4.21, the CF (Community Facilities) zoning district is a special purpose zoning district primarily, but not exclusively, intended for locations at which facilities are provided to serve public, semi-public and private purposes. Pursuant to LOR Section 4.4.21 (B)(5) within the CF zoning district religious uses such as churches and places of worship and attendant uses of day care, pre-school, educational facilities, and with other normal educational (Sunday school) and recreational facilities, and support facilities (e.g. parsonage) are principal (permitted) uses. The proposed CF (Community Facilities) zoning designation is deemed consistent with all Future Land Use Map designations. Thus, based upon the above, a positive finding can be made with respect to consistency with the Future Land Use Map designation. D Concurrency - Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. In the preparation of the Oelray Beach Comprehensive Plan, the land use designations throughout the entire planning and service area were considered with respect to the overall land use pattern, assessment of level of service, the provision - ---- - --- -------- P&Z Board Staff Report Rezoning from CBO to CF for Delray Community Missionary Baptist Church Page 3 of services, and meeting remaining land use needs. It is noted that uses allowed under the CF zoning designation characteristically have less impact on concurrency than the uses allowed within the CBD designation. Drainaae: With rezoning request drainage plans are not required. With redevelopment of the site, drainage plans will be submitted; however there are no problems anticipated in retaining drainage on site and obtaining any/all necessary permits. Traffic: A traffic statement has been submitted indicating that the proposed church facility will generate 129 average daily trips (41 peak hour trips). A peak hour distribution of the weekday trips has been submitted representing an additional 3 trips during the P.M. and A.M. peak hours. Parks and Recreation: Non-residential uses are not considered to have an impact on the City's Parks and Recreation facilities. Solid Waste: Based upon the Solid Waste Authority's typical waste generation rates, the indicated church development would generate 2.8 tons of waste annually. The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals till the year 2021. 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. D Consistency - The requested designation is consistent with the goals, objectives and policies of the most recently adopted Comprehensive Plan. Future Land Use Element Obiective 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. There are no significant environmental characteristics to the subject property. The future redevelopment of the property based upon the proposed zoning can be compatible with the adjacent land uses, which consist of retail establishment (florist) to the north, retail use (under construction) and multiple-family residential to the east; and single family residences to the west and south. The most significant potential for impact resulting from a church use normally relates to traffic impact on the adjacent neighborhood and the ability to accommodate parking on-site without spillage onto adjacent roadways and into the neighborhood. There are no improved parking areas with the existing facility. This situation will be improved with the construction of a new facility and the attendant paved parking areas. ---------- - P&Z Board Staff Report Rezoning from CBD to CF for Delray Community Missionary Baptist Church Page 4 Future Land Use Element Policv C-1.7: The following pertains to the Southwest Neighborhood Redevelopment Area: This area is generally defined as the area bounded by West Atlantic Avenue on the north, SW 10th Street on the south, Interstate-95 on the west, and Swinton Avenue on the east. Many of the parcels in the area contain vacant or dilapidated structures, substandard parking and substandard landscaping. The area also contains residential areas identified as "Rehabilitation" on the Residential Neighborhood Categorization Map contained in the Housing Element. The Southwest Area Neighborhood Redevelopment Plan was adopted by the City Commission at its meeting of June 3, 2003. The Plan establishes a blueprint for the revitalization and stabilization of the area. The Southwest Area Neighborhood Redevelopment Plan is divided into five sub-areas based upon current and proposed land uses. The sub-areas serve to define potential boundaries for the phased implementation of the various plan components. Future development in the area must be in accordance with the provisions of the Redevelopment Plan. The subject property is located within the borders of the Southwest Area Neighborhood Redevelopment Plan and is more specifically included within sub-area #5. Sub-area #5 is identified as "infill area" consisting of relatively stable residential neighborhoods that are experiencing some deterioration, but do not require substantial redevelopment to achieve community livability goals. While the narrative for sub-area #5 does not address the establishment of new churches, the Redevelopment Plan does note increased faith based community involvement as an essential ingredient to improve livability. Based upon the above, a positive finding can be made with respect to Future Land Use Element Policy C-1.7, as increased faith based community involvement is identified as an essential element to improve the livability of the community and fulfill the goals and objectives of the Southwest Area Neighborhood Redevelopment Plan. Future Land Use Element Policv C-4.2: The "Downtown Delray Beach Master Plan" was adopted by the City Commission on March 19, 2002. Covering the downtown business districts surrounding the Atlantic Avenue corridor between 1-95 and A-1-A, it r~presents the citizens' vision for the growth and unification of Delray Beach, while still retaining the "village like, community by-the-sea" character of the CBD. The Plan addresses a wide range of issues including infill development, neighborhood parks, shared parking, public art, the roadway and alleyway systems, marketing/economic development, and the need to modify the Land Development Regulations to include design guidelines to retain the character of Delray Beach. Future development and redevelopment in this area shall be consistent with the Master Plan. The subject property is located within the borders of the downtown as defined by the Downtown Oelray Beach Master Plan and is more specifically located within the West Atlantic Neighborhood. The Master Plan does not specifically address the subject property with regard to a specifiC development proposal and the parcels are P&Z Board Staff Report Rezoning from CBO to CF for Delray Community Missionary Baptist Church Page 5 noted as vacant parcels which are identified for in-fill opportunities to increase the housing stock in the area. The subject parcels have been under the ownership of the church since 1981 (existing church) and more recently additional parcels were purchased in 1989 (south parcels) and 1997 (northernmost parcel). Give the above the development of these parcels in this manner are not inconsistent with the Future Land Use Element Policy C-4.2, nor the goals and objectives of the Downtown Delray Beach Master Plan. Housina Element Policv A-12.3: In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. The proposed church is located in an established residential neighborhood. The most significant potential for impact resulting from a church use normally relates to traffic impact on the adjacent neighborhood and the ability to accommodate parking on-site without spillage onto adjacent roadways and into the neighborhood. With the development of the new facility, parking will have to be accommodated within improved parking areas thus improving the current parking situation, since there are no parking spaces assigned for the existing facility. During the development review for the new sanctuary, it will be conditioned that the existing building be retained as a support facility only such as a fellowship hall and not an additional sanctuary without adequate parking. o Compatibility -- The requested designation will be compatible with the existing and future land uses of the surrounding area. Compatibility is discussed below under the Standards for Rezoning. o Compliance -- Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. Future redevelopment of the parcels of land can occur in accordance with the City's Land Development Regulations. During the site plan review process the development proposal will be reviewed for compliance with the LDR. At this time no issues have been identified which would prohibit compliance with the requirements of the CF zoning district. Given the above, a positive finding with respect to compliance with the Land Development Regulations can be assumed. '; ;r.'~.;yf,:;~-~: . "; 'ZONING ANAL3f1 STANDARDS FOR REZONING ACTIONS: Compliance with the performance standards set forth in LOR Section 3.2.2, along with the required findings noted in LOR Section 2.4.5(0) (5) shall be the basis upon which a finding of overall consistency is to be made. Other objectives and P&Z Board Staff Report Rezoning from CBD to CF for Delray Community Missionary Baptist Church Page 6 policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. LOR Section 3.2.2: Standards A, B, C and E are not applicable. The applicable performance standard of LOR Section 3.2.2 is as follows: (D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land use both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. The following zoning designations and uses border the property: Zonina Oesiqnation: Use: North: Central Business District (CBD) Retail South: Central Business District (CBD) Single Family Residences East: Central Business District (CBD) Retail (under construction) and Multiple Family residences West: Medium Density Residential (RM) Single Family residences The proposal will rezone the 0.78 acre subject property from CBO to CF. The property is bordered on the north, south and east by properties zoned CBD and will not result in an incompatibility as the CF zoning district is of less intensity than the CBD district. To the west is zoned RM and compatibility can be enhanced through specific regulations which apply to the CF zoning district which, requires increased landscape perimeter buffer treatment. There are no compatibility concerns with regard to the CF zoned parcels, as CF zoning is deemed to be compatible with all other zoning districts. Based upon the above, a positive finding can be made with regard to LDR Section 3.2.2(0), that the proposed rezoning will not result in adjacent incompatible land uses. LOR Section 2.4.5(0) (5): In addition to provisions of Chapter Three, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning is being sought. These reasons include the following: A. That the zoning had previously been changed, or was originally established, in error; B. That there has been a change in circumstances which make the current zoning inappropriate; or C. That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The applicant has submitted the following statement indicating the reasons for which the rezoning is being sought based on "C" above: P&Z Board Staff Report Rezoning from CBD to CF for Oelray Community Missionary Baptist Church Page 7 'The existing church at 94 SW fJh Avenue wants to make use of their property which they have owned for many years by expanding their current facility. This includes building a new sanctuary on Lots 9 and 10 Block 22." In addition the applicant has further indicated that they had no record of the rezoning to CBD and the church has owned the property for many years" The basis for which the rezoning should be granted relates to "c" in that the use of the property for a church is more appropriate given that it has been under the ownership of the church for many years. The proposed zoning will allow the renovation of the existing facility and the provision of a new sanctuary which will eliminate the parking deficiencies which currently exists. Based upon the above, a positive finding with respect to LOR Section 2.4.5(D)(5) can be made. ~" '. '... ..... ... ". ~ ". REVIEW,BY'OTHERS '. . \ I i :,.:. '''~ '. ,Ia.. .. . .. ;. Community Redevelopment AQency (CRA): At its meeting of June 23, 2005, the CRA reviewed the proposed rezoning and recommended approval. Downtown Development Authority (DDA): At its meeting of July 11, 2005, the DDA reviewed the rezoning and recommended approval. Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of objection and/or support, if any, will be presented at the Planning and Zoning Board meeting. Courtesy Notices: A special courtesy notice was provided to the following homeowners associations: . Ebony of Oelray . PROD . President Council . ~&"~ ..~..,. ~li:.JU;Iti;A'~'b":C-Q}(t:-L,U~S 1'ci'N' _ . " . .... ~. ~~"".r~' The proposed rezoning from CBD (Central Business District) to CF (Community Facilities) designation is supportable given the land use history on these parcels and the proposed CF zoning will allow for the renovation of the existing facility and construction of a new facility which will address the current parking deficiencies. Positive findings can be made with respect to LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions), LDR Section 2.4 5(O)(5} (Rezoning Findings), and the P&Z Board Staff Report Rezoning from CBD to CF for Delray Community Missionary Baptist Church Page 8 Goals, Objectives, and Policies of the Comprehensive Plan. Therefore, this rezoning can be recommended for approval based on the findings outlined in this report. l:'~~}.t""'-:' .r,' ...:-~!~= ... 'A L T ERN A T I ye"'A c''T I O'N"S I A. Continue with direction. B. Move a recommendation of approval to the City Commission for the privately sponsored request for a rezoning from CBD to CF for the subject property, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan, the Southwest Area Neighborhood Redevelopment Plan, the Downtown Delray Beach Master Plan, and meets the criteria set forth in Sections 2.4.5(D) (5), 3.1.1 and 3.2.2 of the Land Development Regulations. C. Move a recommendation of denial to the City Commission for the privately sponsored request for rezoning from CBD to CF for the subject property, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan, the Southwest Area Neighborhood Redevelopment Plan, the Downtown Delray Beach Master 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. r~.PI!i!.IT"~" '.' . . - STAFF R E C 0 M,'M E N:OATION '.; ",~ " .:'..~,I .. Move a recommendation of approval to the City Commission for the privately sponsored request for rezoning from CBD to CF for the subject property, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan, the Southwest Area Neighborhood Redevelopment Plan, the Downtown Delray Beach Master Plan, and meets the criteria set forth in Sections 2.4.5(D) (5), 3.1.1 and 3.2.2 of the Land Development Regulations. Attachments: 0 Zoning Map 0 Survey I I I I III I II I L MARTIN LU KING JR UKIVlc i I I ~ ,--, 0- j _i ! , ~I c-------- - ,. .. -:> ~ -- f--- . ~ -- f--- - - \ I--- i ........ - ~J b.... w w w !---- > > > CITY ..: ..: t,c .. Cl HALL - ~ J Z 4: N ! 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CT'iP) - I~?Q:?', I , ~ '0, W. I <;,.- S TREtT - t -- - (So'FVw) - _, ------J_ <:::---l 1~?,?I' r, ~lIIIiIII iU'J@ --=4:1 1- ) ( -'ji (),AI. I.L ~o~ ~ \i ~"7 '0 J...-.. " ~ '" &~ ~ f "l '" j~~ \~ ~ '!~ '~I ~~ t" " ~~ F\ J' - - % ~ '?'; ?r - - - ~ ~ ~ \i\ ~ tl\ - . ~il - ----- . I e @ Ie.. -:!.~ 20' ,( ~ I (~ I~~,?l .ll~ ~ j...r"' ~- ~ j ~~ ~ ~'O ';:;\ ~.i~ ~~ ~'X lL ,j'o o~ ~ pi ~~~ Jc8 ~'>- ,,' ~ -. " ~------ - ~ I CITY COMMISSION DOCUMENTATION I TO: DAVID T. HARDEN, CITY MANAGE~.oni. ..(AL.- FROM: PAUL DORLlNG, DIRECTOR OF PLANNING AND/'ONING SUBJECT: MEETING OF AUGUST 2, 2005 CITY INITIATED REZONING FROM PRO (PLANNED RESIDENTIAL DEVELOPMENT) AND PC (PLANNED COMMERCIAL) TO OSR (OPEN SPACE AND RECREATION), FOR BEXLEY PARK, LOCATED BETWEEN BARWICK ROAD AND MILITARY TRAIL NORTH OF THE L-31 CANAL. I BACKGROUND I ANALYSIS I At its meeting on June 16, 2003, the Planning and Zoning Board approved a Master Development Plan for the entire 55 acre Bexley Park development. The development includes a 264 lot subdivision and consists of 101 single-family zero lot line homes, 82 three-story town homes, and 81 two-story triplex Villas, a publicly dedicated 11 15 acre park site and 3.78 acre lake parcel. A Conditional Use approval was granted on July 22, 2003 for a free standing multiple family development on the 6.79 acre parcels zoned PC (Planned Commercial) located adjacent to South Military Trail, which was depicted on the previously described master plan At its meeting of November 19, 2003, the Site Plan Review and Appearance Board approved a Class II Site Plan Modification, Landscape Plan and Architectural Elevations for the development. At its meeting of February 17, 2004, the City Commission approved the preliminary/final plat for Bexley Park, The Bexley Park residential components are under construction at this time, The rezoning to OSR is being processed concurrently with a Future Land Use Map amendment from LD (Low Density Residential 0-5 du/ac) in part and GC (General Commercial) in part to OS (Open Space) The existing FLUM and zoning designations do not accommodate the park use envisioned for the site The adopted Parks and Recreation Master Plan identifies a demonstrated need for the park. At its meeting of August 2, 2005, the City Commission Will conSider the assOCiated FLUM amendments for the property in conjunction with Comprehensive Plan Amendment 2005-2, If approved on first reading, the second reading of the rezoning ordinance Will occur at the same meeting as the adoption of the Comprehensive Plan amendment Additional background and analysis of the requests are found in the attached Planning and Zoning Board Staff Report. I PLANNING AND ZONING BOARD CONSIDERATION I At its meeting of July 18, 2005, the Planning and Zoning Board held a public hearing regarding the rezoning and related Future Land Use Map amendment. There was no public testimony regarding the proposed changes. After discussing the request, the Board voted 6-0 (Jill Morris resigned) to recommend to the City Commission approval of the rezoning from PRO (Planned Residential Development) and PC (Planned Commercial) to OSR (Open Space and Recreation) for Bexley Park by adopting the findings of fact and law contained in the staff report, and a finding that the request is consistent with the Comprehensive Plan, and meets the criteria set forth in Sections 3.1,1, 3.2.2, and 2.4 5(0) (5) of the Land Development Regulations. I RECOMMENDED ACTION , --- n --- Move to approve the rezoning from PRD (Planned Residential Development) and PC (Planned CommerCial) to OSR (Open Space and Recreation) for Bexley Park, by adopting the findings of fact and law contained in the staff report, and a finding that the request is consistent with the Comprehensive Plan, and meets the Criteria set forth In Sections 3.1 1, 3.2.2, and 2 4 5(D) (5) of the Land Development Regulations. Attachments Planning and ZOning Board Staff Report of July 18, 2005 and Proposed Ordinance \~B ORDINANCE NO. 57-05 AN ORDINANCE OF THE CI1Y COMMISSION OF mE CI1Y OF DELRA Y BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED PC (pLANNED COMMERCIAL) DISTRICT IN PART AND PRD (pLANNED RESIDENTIAL DEVELOPMENT) DISTRICT IN PART TO OSR (OPEN SPACE AND RECREATION) DISTRICT; SAID LAND BEING A PARCEL LOCATED ON THE EAST SIDE OF MILITARY TRAIL, NORTH OF THE L-31 CANAL, AS MORE P ARTICULARL Y DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRA Y BEACH, FLORIDA, APRIL 2005"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated April 2005, as being zoned PC (planned Commercial) District in part and PRD (planned Residential Development) District in part; and WHEREAS, at its meeting of July 18, 2005, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 6 to 0 to recommend that the property hereinafter described be rezoned, based upon positive findings; and WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the changes are consistent with and furthers the objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, be amended to reflect the revised zoning classification. NOW, THEREFORE, BE IT ORDAINED BY THE CI1Y COMMISSION OF THE CI1Y OF DELRA Y BEACH, FLORIDA, AS FOllOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That the Zoning District Map of the City of Delray Beach, Florida, be, and the same is hereby amended to reflect a zoning classification of OSR (Open Space and Recreation) District for the following described property: Tracts C-1 and C-2, Plat of Bexley Park as recorded in Plat Book 102, Pages 48-56, of the Public Records of Pahn Beach County, Florida Section 3. That the Planning and Zoning Director of the said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Flonda, to conform with the provisions of Section 2 hereof. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 6. That this ordinance shall become effective upon the date a final order is issued by the Department of Community Affairs (DCA) finding the amendment in compliance in accordance with Chapter 163.3184, F.S.; or the date a final order is issued by the Administration Commission finding the amendment to be in compliance in accordance with Chapter 163.3184, F.S. PASSED AND ADOPTED in regular session on second and final reading on this the _ day of . 200_. MAYOR ArrEST Acting City Clerk First Reading Second Reading 2 ORD NO. 57-05 PLANNING AND ZONING BOARD CITY OF DELRA Y BEACH ---STAFF REPORT --- MEETING DATE: July 18, 2005 AGENDA ITEM: IV.D. (2)(a) ITEM: Future Land Use Map amendment from LD (Residential Low Density 0-5 duJac) in part and GC (General Commercial) in part, to OS (Open Space) and rezoning from PC (Planned Commercial) in part, and PRD (Planned Residential Development) in part, to OSR (Open Space and Recreation) for the public park within the Bexley Park Subdivision located on the east side of Military Trail north of the L-31 Canal. (Quasi-Judicial Hearing) . . . . . '. . '------.-+-- ---= -----~~--~----- __ -f ClASSICAl 'SOUlEV.a,RO ~~ - "~'~r 'uT -- '----- <(r==70 y,:::-. - - I---=-- '> ~ -- GENERAL DATA: ~i~~I1::)\cc- .....~ . ill I~- ~t~~~ ,.~ M~:N_D.,~ _ ~I_ ~bJ Owner........... ....... .................... City of Delray Beach ", \. ,_./~,' ~~t= ~ . ~'::LASSl":"L eOUL[".o,RO J -13~ ;;:; Apph~(mt..................................... City Initiated -- ----.--~ Tt ::'.i location...................................... North of Lake Ida Road, between ..-H-___..________......-~-- - -I' r~-: - , Military Trail and Barwick Road, .,," RIDGE BL'U n__ i /u" ,,:. ;;,- . within Bexley Park subdivision. I ~I r ,~-~ -:: 1[- . - Property Size.............................. 11.15 acres I - -- __u---;-~__ ~ i \' Existing Future Land Use Map.. LD (Lo~ Density Residential, 0-5 r-' --_.~, i ! -! - du/ac) In part and GC (General r -- -- -"ij - Il . . ............. ...., Commercial) In part . . I Proposed F.LU.M.................... OS (Open Space) : : Existing Zoning........................... PRD (Planned Residential) in part: : and PC (Planned Commercial) in . · · · .. : rt . · pa . . Proposed Zoning..................... OSR (Open Space and Recreation) ~ ~ :.. Adjacent Zoning.. ..........., ..:=~ :~~MediUm Density Residential) r' @,~_ --. -- L-::..31 , . M -' ~ ~ ~G'?J'I. ,\ West: PC , ,,~0~~' \\ E . t' L d U ;1' /I XIS Ing an se...................... Vacant \\ ,h'-::::::-. ~, L~NE ~o Proposed Land Use.................... Future Land Use Map Amendment '~II-..0 and Rezoning to more consistent ~ ~ d~signations to accommodate a \~o ~EA~"'-~~_ i . City Park. I ~ \ ~ '\ Water Service............................. n/a ~ J ~O~. " \~I S S. · .---:'0(--'\ ,ONL /' I{ II '\'~C'NL -e.( , \.~/. -.::::;/ ~~ ewer ervlce............................. n/a i''::::lJ ~ " o! LAKE IDA ROAD Ji [/ ." ". jl- L.-~---~,--- -- - '--, l---~- . I -__... sn-< IV. D. (2)(a) . .. ~ - - -~ ~ - -- ~ ~-, ~~ - . .. -., ;.~~~~~~~~ ~<~~ .~~~~ __~~~~~ ~~ ~~:~ f~(s ;~~<'1~~~~~~~1=th_ ~~~~~~~3: ~ ; ~~.~-'''o-.''",- :~~ . . , ; ., The action before the Board is making a recommendation to the City Commission on a City initiated Future Land Use Map amendment from LD (Low Density Residential 0-5 du/ac) and GC (General Commercial) in part to OS (Open Space) and rezoning from PRD (Planned Residential Development) and PC (Planned Commercial) to OSR (Open Space and Recreation> for Bexley Park, generally located north of Lake Ida Road, between Military Trail and Barwick Road, within the Bexley Park subdivision. Pursuant to Section 2.2.2(E) of the Land Development Regulations, the Planning and Zoning Board shall review and make a recommendation to the City Commission with respect to FLUM and Rezoning Amendments for any property within the City. The subject property has an extensive land use history and the following are the most recent land use actions regarding the subject property: In 2001, the City acquired approximately 55 acres of land at the City's northwest planning area. Under direction of the City Commission, staff issued a Request for Proposal (RFP) to Master Plan the property for future development. The RFP emphasized several items including the provision of moderate-income housing and the reservation of approximately 10-15 acres of the residential component for a neighborhood park. At its meeting of November 5, 2002, the City Commission approved the selection of the development proposal known as Bexley Park. -" At its meeting on June 16, 2003, the Planning and Zoning Board approved a Master Development J Plan for the entire 55 acre development. The development includes a 264 lot subdivision located on a 55.187 acre site and includes 101 single-family zero lot line homes, 82 three-story town homes, and 81 two-story triplex villas. The development proposal also incorporates the following: . A publicly dedicated 11.15 acre park site; " . A 3.78 acre lake parcel; A Conditional Use approval was granted on July 22, 2003 for a free standing multiple family development on the 6.79 acre parcels zoned PC (Planned Commercial) located adjacent to South Military Trail, which was depicted on the previously described master plan. . At its meeting of November 19,2003, the Site Plan Review and Appearance Board approved a Class II Site Plan Modification, Landscape Plan and Architectural Elevations for the development. At its meeting of February 17, 2004, the City Commission approved the preliminary/final plat for Bexley Park. The Bexley Park residential components are under construction. This Future Land Use Map Amendment is being processed pursuant to the twice a year statutory limits for consideration of plan amendments (F.S. 163.3187). Land Use Analysis: .. ;'1 Pursuant to Land Development Regulation Section 3.1.1 (A) (Future Land Use Map), all land _ ~<yl uses and resulting structures must be allowed in the zoning district within which the land is P & Z Board Staff Report Bexley Park - FLUM Amendment and Rezoning Page 2 situated and, said zoning must be consistent with the land use designation as shown on the Future Land Use Map. The underlying Future Land Use Map designation for the subject property is a combination of LD (Low Density) and GC (General Commercial) and the proposed designation is OS (Open Space). The Parks and Recreation Master Plan identifies this 11.15 acre site as a appropriate location for a neighborhood park. The proposed zoning designation of OSR (Open Space and Recreation) will be consistent with the proposed Future Land Use Map designation. Based upon the above, a positive finding with respect to Future Land Use Map consistency can be made. REQUIRED FINDINGS: Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map must be based upon the following findings: o Demonstrated Need - That there is a need for the requested land use. The need must be based upon circumstances such as shifts in demographic trends, changes in the availability of land, changes in the existing character and FLUM designations of the surrounding area, fulfillment of a comprehensive plan objective or policy, or similar circumstances. The need must be supported by data and analysis verifying the changing demographics or other circumstances. This requirement shall not apply to requests for the FLUM designations of Conservation or Recreation and Open Space; nor shall it apply to FLUM changes associated with annexations when the City's advisory FLUM designation is being applied or when the requested designation is of a similar intensity to the advisory designation. However, the findings described in the remainder of this policy must be addressed with all FLUM amendments. The basis for the FLUM change is that the existing FLUM designation of LD (Low Density Residential 0-5 du/ac) and GC (General Commercial) will not accommodate the park use envisioned for the site. The above policy does not require data and analysis to be provided to support the new OSR FLUM designation; however, the adopted Parks and Recreation Master Plan identifies the demonstrated need which was adopted by the City Commission in 2002. o Consistency -- The requested designation is consistent with the goals, objectives, and policies of the most recently adopted Comprehensive Plan. A review of the applicable Comprehensive Plan Policies was undertaken and the following applicable policy was identified. Open Space and Recreation Element Policy A2.14 - All planning for parks and recreational facilities shall be in accordance with the adopted City of Delray Beach Parks and Recreation Master Plan The proposed FLUM amendment is consistent with this policy as a directive of the Master Plan is to provide additional neighborhood parks Citywide. The Park was depicted on the master plan and dedicated in conjunction with the subdivision plat. 0 Concurrency -- Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. P & Z Board Staff Report . Bexley Park - FLUM Amendment and Rezoning Page 3 '\ The proposed FLUM change and- rezoning will place the property in an open space category 1 rather than the current residential category. This will result in a reduction in intensity therefore concurrency can be met and is not an issue. Compatibility - The requested designation will be compatible with the existing and future land uses of the surrounding area. The requested designation of OS will be consistent with the surrounding land use designations and will accommodate the proposed use of the property. Since the proposed park will primarily serve the recreation needs for the immediate neighborhood and was depicted as part of the Bexley Park subdivision master plan compatibility is not an issue. D Compliance -- Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. The subject property will be developed as a park and will be reviewed for compliance with the LOR during the related site plan approval process. No problems are anticipated in meeting the LOR requirements. _ ~~ ",-.. 't" "'. ~.~ _O~._ - ,-- - - - - ~ '>'- ~ -- -- <___--'~~....___"" 'i;."~ ~~~~~~~~...:.:_A):~ ":'J~~~~h;e~ >:~'"""-"~~~ ~~; ,3~ _~_;.,.~",~1::~ ,,~,,~-:~ '> ~~~_~..&~~~ REQUIRED FINDINGS: (Chapter 3) Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This J may be achieved through information on the application, the Staff Report or Minutes. Findings shall be made by the body, which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. Future Land Use Map, Concurrency and Comprehensive Plan Consistency were previously discussed under the "Future Land Use Map Amendment Analysis" section of this report. Compliance with the Land Development Regulations with respect to Standards for Rezoning Actions and Rezoning Findings are discus~ed below. CONSISTENCY: Compliance with the performance standards set forth in Section 3.2.2 (Standards for Rezoning Actions), along with the required findings in Section 2.4.5(0) (5) (Rezoning Findings), 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. Section 3.2.2 (Standards for Rezoniml Actions): Standard B, C and E are not applicable with respect to this rezoning request. The applicable performance standards of Section 3.2.2 are as follows: (A) The most restrictive residential zoning district that is applicable given existing development patterns and typical lot sizes shall be applied to those areas identified as "stable" and "stabilization" on the Residential Neighborhood Categorization Map. Requests for rezonings to a different zoning designation, other than Community < Facilities, Open Space, Open Space and Recreation, or Conservation shall be denied. P & Z Board Staff Report Bexley Park - FLUM Amendment and Rezoning Page 4 The surrounding residential areas are classified as "Stable" residential areas on the Residential Neighborhood Categorization Map. The adjacent residential properties are zoned PRD (Planned Residential Development) to the north and west, County AR (Agricultural Residential) to the east, and RM (Medium Density Residential) to the south. The City-initiated rezoning request is to a designation identified in the above policy, and therefore meets the intent of this regulation. (D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses 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 property is surrounded by residential zoning districts. The proposed changes will allow the site to be developed into a community park to serve this immediate neighborhood and as such should not be incompatible. Section 2.4.5(0) (5) (Rezonina Findinas): Pursuant to Section 2.4.5(0)(5) (Findings), in addition to provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: a. That the zoning had previously been changed, or was originally established, in error; b. That there has been a change in circumstances which make the current zoning inappropriate; c. That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. -~ The reason for the rezoning is "b" and "c". The change in circumstance is that the property has been annexed with the expressed purpose identified in the RFP of establishing a community park. The proposed land use changes and zoning change are necessary to accomplish that goal. Further, the zoning designation of Open Space and Recreation is of similar intensity (if not less) and more appropriate for the property to accommodate the envisioned development of the parcel to benefit the community. The development proposal is not located within the geographical area requiring review by the CRA (Community Redevelopment Agency). Courtesy Notices: A special courtesy notice was provided to the following Homeowners and Civic Associations: . Barwick Ranch Estates . Country Manor . PROD (Progressive Residents of Delray) . President's Council . P & Z Board Staff Report . Bexley Park - FLUM Amendment and Rezoning Page 5 Public Notice: ) Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of objection and support, if any, will be presented at the Planning and Zoning Board meeting. , r ~,~ > . _ _ ,"~ ~,- ~ <'"~~~ _~~~~_ _ _. ~_~~~~~--=-~"' '- . : _ ~~~~.~ ~~~::~'~ ~ ",~_y ~:~_~-,:~ ~~~,;..'..""'.,,';'.~,,,,:;4 ~,,-',> fl~ ('";~~~.i~~ili _ ,,_=-~_ ~_Lo~=~~ ~'" _~~ The existing FLUM designation of LD (Low Density Residential 0-5 du/ac) and GC (General Commercial) and zoning of PRD (Planned Residential Development) are inappropriate for the site in light of the expressed purpose of the property per the RFP, dedication and the Parks and Recreation Master Plan. The FLUM amendment and rezoning will allow the development of the parcel as a neighborhood park. As this intended use of the property was envisioned by the City and the immediate neighborhood, it is appropriate to approve these changes. Positive findings can be made with respect to Future Land Use Element Policy A-1.7 (FLUM Amendments Findings) of the Comprehensive Plan, and Sections 3.1.1, 3.2.2, and 2.4.5(D) of the Land Development Regulations. A. Continue with direction. S. Move a recommendation of approval to the City Commission for the Future Land Use Map amendment from LD and GC to OS and rezoning from PRD and PC to OSR for Bexley Park, by adopting the findings of fact and law contained in the staff report, and a finding that the ~ request is consistent with the Comprehensive Plan, and meets the criteria set forth in Sections J 3.1.1, 3.2.2, and 2.4.5(D) (5) of the Land Development Regulations. C. Move a recommendation of denial to the City Commission for the Future Land Use Map amendment from LD and GC to OS and rezoning from PRD and PC to OSR for Bexley Park, by adopting the findings of fact and law contained in the staff repott, and a finding that the request is inconsistent with the Comprehensive Plan, and does not meet the criteria set forth in Sections 3.1.1, 3.2.2, and 2.4.5(D) (5) of the Land Development Regulations. Move a recommendation of approval to the City Commission for the Future Land Use Map amendment from LD and GC to OS and rezoning from PRD and PC to OSR for Bexley Park, by adopting the findings of fact and law contained in the staff report, and a finding that the request is consistent with the Comprehensive Plan, and meets the criteria set forth in Sections 3.1.1, 3.2.2, and 2.4.5(D) (5) of the Land Development Regulations. Attachments: Existing & Proposed Future Land Use Map Existing & Proposed Zoning Map ) > r ^.. ^' :n - ,-" " ,,-,. " ,. 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I-- LAKE IDA ROAD -FJ" \ II IIIII1 riTIIIII\(1 1II1I \ N PROPOSED FUTURE LAND USE MAP AMENDMENT FOR: · - - CITY PARK WITHIN BEXLEY PARK CITY OF DELRA Y BEACH, fL PLANNING'" ZONING DEPARTMENT fLUM FROM LD (RESIDENTIAL LOW DENSITY 0-5 DUlAC) AND GC ( GENERAL COMMERCIAL) TO OS (OPEN SPACE) __ DIG/TAL BASE MAP SYSTEM __ MAP REF UA8S4 ----.J Vl \ ! I I l I I---- f-- "\ /'. '\ ~ IN'=' TR& O]lijVE'\... '\... '\... '\... ~ - I-- -,I-- _ '- I rJp I------ I---- ;; '\ '" \ '\ '\ == '= B~ / /,,, MODERN DRIVE ~~, ~ f--- ~f'\- "'l""'~ ""'~ "'" ~ ~ ""- == = dl~ j _ "f'\- ~ '" """'" "'" ~ "'" "'" ~ ~ '" '" == - \(' I r 11 l)~ 6 ~ ~ " ~ U~IS~obt..Ev~D "\... '" ~ " '" == ~"-r---' CLASSICAL BOULEVARD ,d ~J = ~ - ~ '" '''''' ~~ '" i'--.. " '" '\ '" " '" ,,~ ~ / I I I I I \ J =-- -, '" ~ ""'I"" "'" ~ '" '" '" '" '" l'\. "'" 2= ~ "''' '" ~~ "- "~~ ;t\ I I I! I I') , " , , " ".' -'-- ,-, " ~ -l . ~~R~E~~ ~" "" \ / 'J I I ~ 1 J / f-- '\. 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HARDEN, CITY MANAGER ~~Q~' THRU: PAUL DORLlNG, DIRECTOR OF PLAN G A ~ING FROM: JEFFREY A. COSTELLO, ASSISTANT PLANNING DIRECT SUBJECT: MEETING OF AUGUST 2, 2005 CITY-INITIATED REZONING FROM R-1-A (SINGLE FAMILY RESIDENTIAL) TO RM (MEDIUM DENSITY RESIDENTIAL) FOR THE LEE BURKE PROPERTY LOCATED ON THE NORTH SIDE OF LINTON BOULEVARD, APPROXIMATELY 660 FEET WEST OF S.W. 4TH AVENUE. I BACKGROUND ~ The subject property is a 0,5 acre parcel, which contains an existing single family residence. The property IS located within the Southridge/S.W 4th Avenue Redevelopment Area, With the adoption of the Southridge/S.W 4th Avenue Redevelopment plan on June 13, 1999, the Redevelopment Area #3 Future Land Use Map designation and R-1-A (Single Family Residential) zoning designation were retained as a "holding" zone until a specific development proposal was submitted. A development proposal has been submitted to construct a multiple family development that will include workforce housing on the adjacent vacant 7.05 acres known as Lintco properties. Rather than leave this remaining 0.5 acre parcel zoned R-1-A, it appears appropriate to Include this parcel with the privately- initiated FLUM amendment and rezoning proposal, which is also before the City Commission for consideration. At its meeting of August 2, 2005, the City Commission will also consider the associated FLUM amendment for the property in conjunction with Comprehensive Plan Amendment 2005-2 If approved on first reading, the second reading of the rezoning ordinance will occur at the same meeting as the adoption of the Comprehensive Plan amendment Additional background and analysis of the requests are found in the attached Planning and Zoning Board Staff Report. I PLANNING AND ZONING BOARD CONSIDERATION I At its meeting of July 18, 2005, the Planning and Zoning Board held a public hearing in conjunction with the FLUM amendments and Rezonings There was no public testimony regarding the requests. After reviewing the staff report and discussing the FLUM amendment and rezoning, the Board voted 6-0 to recommend to the City Commission approval of the proposed FLUM Amendment from RDA #3 (Redevelopment Area #3) to MD (Medium Density Residential) and Rezoning from R-1-A (Single Family Residential) to RM (Medium Density Residential) for the Lee Burke Property, by adopting the findings of fact and law contained In the staff report, and finding that the requests are consistent with the Goals, Objectives and Policies of the Comprehensive Plan and meet criteria set forth in Section 2 4 5(D)(5), Section 3.1.1 (Required Findings) and Section 3.2 2 (Standards for Rezoning Actions) of the Land Development Regulations. I RECOMMENDED ACTION i Move approval on first reading, the ordinance for the proposed rezoning from R-1-A (Single Family Residential) to RM (Medium Density Residential), by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Goals, Objectives and Policies of the Comprehensive Plan and meets criteria set forth in Section 2.4.5(D)(5), Section 3.1.1 (ReqUired Findings) and Section 32 2 (Standards for Rezoning Actions) of the Land Development Regulations. Attachments Planning and Zoning Board Staff Report of July 18, 2005 & Proposed Ordinance l~c- , PLANNING AND ZONING BOARD CITY OF DELRA Y BEACH ---ST AFF REPORT --- MEETING DATE: July 18,2005 AGENDA ITEM: IV.D.(2)(c) and I.V.D(2)(d) ITEM: Future Land Use Map amendment from RDA-3 (Redevelopment Area #3) to MD (Residential Medium Density 5-12 du/ac) and rezoning from R-1-A (Single Family Residential) to RM (Medium Density Residential) for the Lee property and Lintco multi-family site, located at the northwest corner of Linton Boulevard and SW 4th Avenue. (Quasi-Judicial Hearing) GENERAL DATA: Owner........... ......... ........... ....... Burke Lee and Untco Applicant............. .............. .......... Lee Property: City-initiated Lintco Property: Privately- initiated Location...................................... Northwest corner of Linton Boulevard and SW 4th Avenue Property Size.............................. 0.5 acre (Lee Property) 7.05 acres (Untco Property) . Existing Future Land Use Map.. RDA-3 (Redevelopment Area #3) LINTON BOULEVARD Proposed F.L.U.M.................... MO (Residential Medium Density, W I '< \ 5-12 du/ac) '" I COSTeo "' Existing Zoning........................... R-1-A (Single Family Residential) L",\O(frS II! 5 Proposed Zoning..................... RM (Medium Density Residential) I Adjacent Zoning................North: RM & R-1-A ! i East: POD (Professional Office District) APARTMENTS I & MIC (Mixed Industrial and Commercial) \ South: PC (Planned Commercial) , West: CF (Community Facilities) & R-1- A Existing Land Use...................... Vacant and Single Family Residence Proposed Land Use.................... Future Land Use Map Amendment and Rezoning to accommodate a proposed multiple family development that will contain workforce housing. Water Service............... .............. n/a Sewer Service............................. n/a ... - #-..... ... .. .. . - 1_"''' .. ----. . ~ :~~~r-: ~ -~ ~~____'7~_ ~f !-f~-;~- ~~ ~~: ;-\~~~A~=--:'~;~ ~~;t:R{<~~-~ - y 7r"- = --", ,- , ~-----....~~ The action before the Board is that of making a recommendation to the City Commission on the ) following Future Land Use Map Amendments from RDA-3 (Redevelopment Area #3) to MD (Medium Density Residential 5-12 du/ac) and Rezoning from R-1-A (Single Family Residential) to RM (Medium Density Residential) for properties generally located at the north west comer of Unton Boulevard and SW 4lh Avenue: The Future Land Use Map Amendments involve thirteen (13) parcels totaling 7.55 acres (See attached Map): o Area A - Untco Property: A privately-initiated request involving thirteen (12) parcels containing a total of 7.05 acres. o Area B - Burke Lee Property: A City-initiated request involving a 0.5 acre parcel. Pursuant to Section 2.2.2(E) of the Land Development Regulations, the Planning and Zoning Board shall review and make a recommendation to the City Commission with respect to FLUM Amendments or Rezoning of any property within the City. .:---r'~,:-;~'..""- .'. '.~' ..'. -~.-: :='~'B):ti~iti{oiiiti~:<l.:O."t;,",,~~'t"r.'.:",,: ...~.', ::'~l~'!i;~."':: "C'.~." .....,,~~.(.II~....._.: ~.\:',..l I, ."' . . .4"'1""~"";';", .....:,,)'<-:.."'.......:... ....~~..l.III!(~ !t!:~ ". .". . ~ .. '.. .... . . _-. .... ..... ..... . ~".... ...... 'I .... . "". ..... .. ,. I"' -. . .. - ~.. I ..I The proposal involves 13 parcels, which are located within the Southridge/S.W. 4th Avenue Redevelopment Area. These lots are unplatted and undeveloped, except for an existing single family house (0.5 acre parcel) next to the Fire Station. The vacant parcel consists of 12 acres under one -) ownership (7.05 acres) and the existing single family residence next to the fire station is under separate ownership (0.5 acres). On January 9, 1978, the Burke Lee Property containing the single family residence was annexed into the City with the R-1-A zoning designation. The Untco property was annexed into the City on October 11, 1998 as part of the Enclave Act (Enclave #34) with the R-1-A (Single Family Residential zoning "- designation. With the adoption of the Southridge/S.W. 4th Avenue Redevelopment plan on June 13, 1999, the Redevelopment Area #3 Future Land Use Map designation and R-1-A (Single Family Residential) zoning designation were retained as a "holding" zone until a specific development proposal is submitted. A development proposal has been submitted to construct a multiple family development that will contain workforce housing on the Untco properties. Rather than leave the remaining 0.5 acre lot R-1-A it is appropriate to rezone the parcel with the privately-initiated proposal. . :~':f~T;;EUa--UR~:~~"A:NiD'1(j.s~E-- ".:~PiWM'BtliJj.;JIJf...;{-i~.:;Jl'~f~f: : . .':'J.~~. . ..". ~ . .If. . ... _'" .' " '. ...,...:!M. '..-. ..~.... ....._ _, . _'.. .,. . -N. ~\l:i.: @...rr _. " . 4" This Future Land Use Map Amendment is being processed pursuant to the twice a year statutory limits for consideration of plan amendments (F.S. 163.3187) as part of the City's Comprehensive Plan Amendment 2005-02. REQUIRED FINDINGS: LOR (CHAPTER 3) PERFORMANCE STANDARDS: -\ 11 ~._j Pursuant to Section 3.1.1 (Required Findings), prior to approval of Land Use applications, certain findings must be made in a form which is part of the official record. This may be Planning and Zoning Board Staff report Lintco & Burke lee Properties - FlUM Amendment and Rezoning to RM (Southridge Redevelopment Area) Page 2 achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. Future Land Use Map: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. With the adoption of the Southridge/S.W. 4th Avenue Redevelopment plan on June 13, 1999, the Redevelopment Area #3 Future Land Use Map designation and R-1-A (Single Family Residential) zoning designation were retained as a "holding" zone until a specific development proposal is submitted. A development proposal has been submitted to construct a multiple family development that will contain workforce housing. The proposed FLUM amendment will assign a Future Land Use Map designation of MD (Medium Density Residential 5-12 du/acre) and the proposed zoning is RM (Medium Density Residential). The proposed zoning designation of RM (Medium Density Residential) is consistent with the proposed MD Future Land Use Map designation. Based upon the above, a positive finding with respect to Future Land Use Map consistency can be made. The Southridge/S.W. 4th Avenue Redevelopment Plan identifies development scenarios and criteria for development to occur within the area. These aspects of the Plan are discussed below. The remaining required findings of LDR Section 3.1.1, Concurrency, Comprehensive Plan Consistency and Compliance with the Land Development Regulations are discussed below. Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map (FLUM) must be based upon the findings listed below, and must be supported by data and analysis that demonstrate compliance with these findings: 0 Demonstrated Need - That there is a need for the requested land'Use. The need must be based upon circumstances such as shifts in demographic trends, changes in the availability of land, changes in the existing character and FLUM designations of the surrounding area, fulfillment of a comprehensive plan objective or policy, annexation into the municipal boundaries, or similar circumstances. The need must b~ supported by data and analysis verifying the changing demographics or other circumstances. This requirement shall not apply to requests for the FLUM designations of Conservation or Recreation and Open Space; nor shall it apply to FLUM changes associated with annexations when the City's advisory FLUM designation is being applied, or when the requested designation is of a similar intensity to the advisory designation. However, the findings described in the remainder of this policy must be addressed with all FLUM amendments. Future Land Use Element Policv C-2.5 The following pertains to the area on both sides of S. W 4th Avenue, north of Linton Boulevard. This area involves warehouses, heavy industrial use, sporadic residential uses, and vacant land. The vacant land was platted as a part of the Woods of Southridge SubdMsion. The Southridge/SW 4th Avenue Redevelopment Plan was adopted by City Commission on June 15, 1999. The plan establishes Future Land Use Map designations for the majority of the Redevelopment Area. Future development must be in accordance with the provisions of the Redevelopment Plan. Several parcels along Unton Boulevard are to retain their existing Planning and Zoning Board Staff report . Lintco & Burke Lee Properties - FLUM Amendment and Rezoning to RM (South ridge Redevelopment Area) Page 3 Redevelopment Area #3 Future Land Use designation and R-1A zoning designation until such :1 time that a development proposal that is consistent with the parameters outlined within the Redevelopment Plan is processed. To the greatest extent possible, these parcels are to be aggregated to accommodate a unified development. The redevelopment plan presented five (5) development scenarios for the vacant properties at the northwest corner of S. W. 4th Avenue and Linton Boulevard. Each of the potential scenarios has certain benefits and certain drawbacks. The provision of residential development at this comer was identified in Scenario 3, which stated the following: "...there already exists a mix of existing residential uses in the general area, and economic activities that will provide more jobs should be encouraged. Many of the multifamily developments in the area, particularly those along Linton, have deteriorated. Given the surrounding industrial and commercial uses and the intensity of traffic in the area, residential development on this property is not encouraged. " With adoption of the Plan, application of a specific Future Land Use Map designation was not pursued without a specific proposal in mind, as it could have eliminated a potentially positive development of the property. The only Future Land Use Map change to be processed at that time was for the office building at the northwest corner of Linton Boulevard and S.W. 4th Avenue, which was given the Transitional FLUM designation with POD (Professional and Office District) zoning. The adopted Redevelopment Plan recommended the following scenario (Scenario 5), which established the following parameters for the consideration of any future development proposals for this area: . To the greatest extent possible, the properties are to be aggregated for a unified ) development. . Residential development unless part of a comprehensive mixed use project or an assisted living type facility, is not to be considered. . Uses identified within Scenarios 1 and 4 are encouraged. . Commercial uses may be appropriate if it can be demonstrated---that the traffic can be accommodated on the roadway network, and that impacts on the adjacent residential uses will be minimal. A mix of uses, including retail, office and second story residential, and entertainment is encouraged. Gasoline stations, fast food restaurants, flea market/bazaar/merchandise marts, and auto repair and maintenance type facilities shall not be considered. . The style of development shall be of a distinctive architectural character that enhances the area and encourages new investment and redevelopment. . Adjacent residential areas are to be separated from the development by a wall and subswntialmndscapebuffe~ Since the adoption of the Redevelopment Plan in 1999, the City and South Florida has experienced a tremendous increase in the price of housing, which has significantly impacted housi~g attainable to very low, low and moderate income households. Escalating land costs and rapidly diminishing amounts of land available have hindered the provision of sufficient workforce dwelling units by the private sector. According to the Florida Association of Realtors, Inc., the median price of existing homes in Palm Beach County in March 2005 was $371,500, a 37% increase over the March 2004 median of $272,100 ("Palm Beach County Median Home Resale Soars Past $370,000" p. 1-A, April 26, 2005 Palm Beach Post article by Stephen Pounds). ~ ;: According to a May 2005 Sun-Sentinel newspaper article, rents in South Florida began climbing >' in 2004, and are expected to continue to increase. According to real estate analysts, occupancy rates are averaging 95%, and as a result, rents have climbed. Another factor affecting rents is Planning and Zoning Board Staff report Lintco & Burke lee Properties - FlUM Amendment and Rezoning to RM (Southridge Redevelopment Area) Page 4 the condo conversion boom, with more rental complexes being taken out of the marketplace than being built. ("For S. Florida tenants, rental picture turns bleak: Demand for units rises as home costs continue to surge" May 15, 2005 Sun-Sentinel article by Robin Benedick). Due to the escalating cost of housing, many renters have been unable to purchase a home. Thus, there is a shortage of housing affordable to the everyday working families and citizens. The need to provide workforce housing is critical to maintaining a diversified and sustainable City having the character and sense of a community where people can live and work in the same area. In order to address this public need, on December 6, 2004, the City adopted a FamilylWorkforce Housing ordinance, which established a Density Bonus Program based upon the number of units that are made available to very low, low and moderate income households. The FamilylWorkforce Housing Ordinance is in the process of being amended to add more overlay districts that can accommodate workforce housing. With the City's annual Comprehensive Plan Amendment 2005-2, the Medium Density land use designation description is being modified to include the following statement: "Areas with this desianation, located within a workforce housina overlay district. mavalso exceed 12 units per acre UP to a maximum of 18 units per acre by obtainina density bonuses throuqh the provision of workforce housina units. " Based upon the above, an opportunity exists to develop the property in a manner that will provide workforce housing. Development of the property for residential purposes will not have as significant an impact on traffic concurrency as office or commercial development. The Redevelopment Area has experienced some stabilization since adoption of the Plan through the construction of infjll housing in the single family subdivisions to the north and associated infrastructure improvements. The multi-family developments that have deteriorated along Linton Boulevard, are primarily rental properties, which have not been well maintained and are not properly managed. Per the Comprehensive Plan, infill housing for low to moderate income families is encouraged with the redevelopment of this area. It is noted the Redevelopment Plan will be amended to modify the development scenarios for these parcels to encourage/require the provision of workforce housing for aU residential development. -~ 0 Consistency - The requested designation is consistent with the goals, objectives and policies of the most recently adopted Comprehensive Plan. The following applicable Comprehensive Plan objective and policies are noted: Future Land Use Element Objective A-1: Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate in terms of soil, topographic and other applicable physical considerations; is complimentary to adjacent land uses; and fulfills remaining land use needs. The subject properties are primarily vacant with a single family home at the southwest corner, adjacent to Fire Station #3. Development of the properties can occur in a manner to comply with this Policy. This Policy will be further addressed with a development proposal (site plan and/or conditional use for the property. The property to the east (across S:W. 4111 Avenue) is industrial and contains a self storage facility; to the south, across Linton Boulevard, is commercial, to the west, is a Fire Station and R-1-A (Single Family Residential) zoned property; and to the north, is Unton Ridge condominium, which is zoned RM (Medium Density Residential). The development will be complimentary to the adjacent land uses. The Redevelopment Plan provides the following directives with regard to development of these properties: Planning and Zoning Board Staff report lintco & Burke Lee Properties - FLUM Amendment and Rezoning to RM (South ridge Redevelopment Area) Page 5 . The style of development shall be of a distinctive architectural character that enhances the ) area and encourages new investment and redevelopment. . Adjacent residential areas are to be separated from the development by a wall and substantial landscape buffer. Housina Element Policv A-12.3: In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modffledaccommg~ordemed. As discussed below with the Concurrency analysis, the proposed new development wm result in a decrease of potential traffic generated by commercial, office and/or- recreational development scenarios identified in the Redevelopment Plan. Given the existing traffic and potential traffic flow on Linton Boulevard. The Plan recommends that any new development take access from both Linton Boulevard and S.W. 4th Avenue where possible. With a specific development proposal, a traffic study will be submitted, which must comply with Palm Beach County Traffic Performance Standards Ordinance. The style of development shall be of a distinctive architectural character that enhances the area and encourages new investment and redevelopment. The Plan also calls for adjacent residential areas to be separated from the development on the subject properties by a wall and substantial landscape buffer. Development of the property can occur in a manner that will enhance the stability of the area. With a conditional use and/or site plan request this policy will be revisited. ) 0 Concurrency - Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. The proposal involves amending the FLUM designation from RDA #3 to MD on parcels, which total approximately 7.55 acres. The proposed FLUM Amendment wilt. result in an increased impact on adopted concurrency standards. Concurrency findings with respect to Parks and Recreation, Schools, Solid Waste, Traffic and Water and Sewer are discussed below: Water and Sewer: A 20" water main is located within S.W. 4th Avenue along with fire hydrants. Along Linton Boulevard. installation of a water main may be required along with fire hydrants spaced as required. With respect to sewer, Lift Station 26C is located adjacent to S.W. 4th Avenue at the northeast corner of the office building site and connects to a 6" force main within S.W. 4th Avenue. With any development of these parcels. installation of water and sewer mains. fire hydrants, and drainage improvements must be accommodated. The location of these improvements will depend upon site design layout of any proposed development(s). The proposed FLUM Amendment to MD will increase the demand on these public services; however, adequate capacity exists to accommodate the proposal. Pursuant to the Comprehensive Plan adequate water and sewer treatment capacity exists to meet the adopted level of service standards at the City's build-out. Thus. a positive finding with respect to this level of service standard can be made. Traffic: Linton Boulevard is dassified as a County minor arterial road from the west City limits to Federal Highway. Linton Boulevard currently operates at Level of Service "D" from South Federal Highway to S.W. 10th Avenue. S.W. 4th Avenue is classified as a two-lane City collector. Regardless of the development scenario selected for this area (residential. office, mixed use), Planning and Zoning Board Staff report Lintco & Burke Lee Properties - FLUM Amendment and Rezoning to RM (Southridge Redevelopment Area) Page 6 internal traffic circulation will need to be provided for any development. Per the Redevelopment Plan, given the existing traffic and potential traffic flow on Linton Boulevard, it is recommended that any new development take access from both Linton Boulevard and S.W. 4th Avenue where possible. The applicant has submitted a traffic study based upon the maximum potential density pennitted by the proposed MD FLUM designation, based on the proposed text amendment to allow 18 du/ac to accommodate workforce housing. The current FLUM designation of ROA-3 with R-1-A (Single Family Residential) zoning , which allows a maximum of 5 du/ac. Under the existing FLUM designation and zoning, the 7.55 acre site could accommodate 37 units generating 370 average daily trips, while the proposed MD could accommodate 135 units, which will generate 945 average daily trips. This results in a trip generation potential of 545 average daily trips. It is also noted that the development scenarios recommended in the Redevelopment Plan consisting of office, mixed-use (retail, office and residential), and recreational facilities (public or private), would generate a greater number of average daily trips than.a residential development with the proposed densities. A copy of the submitted traffic analysis has been transmitted to the Palm Beach County Traffic Division for review. The proposed Medium Density FLUM designation win allow a range from 6 to 18 du/ac. With a specific development proposal, a traffic study will be submitted. The maximum development potential will be based on the ability to comply with the Palm Beach County Traffic Performance Standards Ordinance. Based upon the above condition of approval being addressed, a positive finding with respect to traffic concurrency can be made at this time. Drainaqe: Any development of the site will be required to retain drainage on-site in compliance with South Florida Water Management District (SFWMD) requirements. There are no problems anticipated complying with SFWMD requirements. Parks and Recreation: The Open Space and Recreation Element of the Comprehensive Plan indicates in its condusion that "The City will have sufficient recreation facilities at build-out to meet the adopted standards.... A park impact fee is collected to offset any impacts that individual projects may have on the City's recreational facilities. Pursuant to Land Development Regulations (LOR) Section 5.3.2, a park impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building permit for each residential unit. Based upon the proposed FLUM Amendment and Rezoning, the maximum aUowable density (18 du/ac) would allow 135 dwelling units, thus requiring a park impact fee of $67,500.00. Schools: A School Concurrency Application has been transmitted to the School District of Palm Beach County for their consideration. The Palm Beach County School District must approve the development proposal for compliance with the adopted Level of Service for School Concurrency. Verification from the Palm Beach County School District is pending; however no problems are anticipated meeting this level. of service standard. Solid Waste: The subject properties are primarily vacant, except for a single family residence, and therefore currently have no impact on this level of service standard. The single family residence currently generates 1.99. tons per year. Assuming the proposed maximum density (18 dulac), the subject properties will generate 268.65 tons of solid waste per year (135 units X 1.99 tone per year). The increase can be accommodated by existing facilities and thus, will not have a significant impact on this level of service standard. The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals till the year 2021, thus a positive finding with respect to this level of service standard can be made. Thus, positive findings can be made at this time with regard to concurrency for all services and facilities. -------- Planning and Zoning Board Staff report Untco & Burke lee Properties - FlUM Amendment and Rezoning to RM (Southridge Redevelopment Area) Page 7 0 Compatibility - The requested designation will be compatible with the existing and future land uses of the surrounding area. I The parcels in question abut a condominium development to the north (Linton Ridge Condos), and a portion of a single family subdivision to the west (Woods of Southridge. As previously discussed, the property can be developed to be compatible with and complimentary to the adjacent neighborhoods. There are directives in place to ensure that any development of the property will be compatible. Also, there are development regulations to ensure development will occur in manner that will be the same. Based upon the above, the proposed FLUM and zoning designations are compatible with the existing and future land uses of the surrounding area, and a positive finding with respect to compatibility can be made. o Compliance - Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. All future development within the requested designation shall comply with the provisions and requirements of the Land Development Regulations. Compliance with the Land Development Regulations will be further addressed with review of a conditional use or site plan request as applicable. - - -- "-<~ - - -- ~-, - ,. - ~ ~ ~ ~ - - - ',< , ~ ~~ ~~,~~::~~~2~~~_,.~~.s.-_~~>=~~_ ~~ ~ _.~~~~_~~~,,~~ ~~~_~ . - - - --- - ~ -- ~ -~ ~ -~ ._~~ ~---=-_::..."^ REQUIRED FINDINGS (Chapter 3): Pursuant to Section 3.1.1 (Required Findings), prior to approval of development applications, ) certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance with the Land " De"elopment Regulations. Futur~ Land Use Map, Concurrency and Comprehensive Plan Consistency were previously discussed under'the "Future Land Use Map Amendment Analysis" section of this report. Compliance with the Land Development Regulations with respect to Standards for Rezoning Actions and Rezoning Findings are discussed below. CONSISTENCY: Compliance with the performance standards set forth in LOR Section 3.2.2, along with the required findings in LOR Section 2.4.5(0) (5), shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. LP~ Section 3.2..2: ~tandards A, B, C and E are not applicable. The applicable performance standard of LOR Section 3.2.2 is as follows: (D) Tbat 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. Planning and Zoning Board Staff report Untco & Burke Lee Properties - FLUM Amendment and Rezoning to RM (Southridge Redevelopment Area) Page 8 Direction ZoninQ Uses ) North RM Linton Ridge condominiums West CF and R-1-A Fire Station #3 and Woods of Southridge single family subdivision South PC and POD Global Imports and an office building East MIC Security Self Storage Facility The proposed FLUM amendment and rezoning are compatible with the adjacent land uses and consistent with the development pattern within the Redevelopment Area. As discussed under Future Land Use Element Policy A-1. 7, the proposed FLUM and zoning designations are compatible with the existing and future land uses of the surrounding area, and a positive finding with respect to compatibility can be made. LOR Section 2.4..5(0) (5) (Rezonina Findings): Pursuant to LOR Section 2.4.5(0) (5), in addition to provisions of Chapter Threey the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: (a) That the zoning had previously been changed, or was originally established, in error; (b) That there has been a change in circumstances which make the current zoning ) inappropriate; or (c) That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site andlor neighborhood. The following is the applicant's justification statement: "- "'The subject site is zoned R-1-A (Single Family Residential). The property is located on a major thoroughfare (Unton Boulevard) and is 7 acres; which does not allow for proper development of a single family development. It is also adjacent to a fire station and an office building. The development along Unton and the increase in traffic has made the current zoning inappropriate. Multi-family residential including workforce housing is more appropriate for the property based upon circumstances particular to the site. 11 The appropriate reasons for the proposed rezoning are "b" and "c". With the adoption of the Southridge/S.W. 4th Avenue Redevelopment plan on June 13, 1999, the Redevelopment Area #3 Future Land Use Map designation and R-1-A (Single Family Residential) zoning designation were retained as a "holding" zone until a specific development proposal is submitted. A development propOsal has been submitted to construct a multiple family development that will contain workforce housing. Thus, circumstances have changed that make the current zoning inappropriate. Further, the RM zoning designation is similar in intensity as proposed under the requested MD FLUM designation and is more appropriate for the site based on circumstances which relate to the community's need for workforce housing. The RM designation will encourage a development scenario that win not have substantial traffic impacts and will be complimentary to the neighborhoods to the north and west ------ -- Planning and Zoning Board Staff report Lintco & Burke lee Properties - FlUM Amendment and Rezoning to RM (Southridge Redevelopment Area) . Page 9 - . >, '..: l2.-. ~ '-- ~;:' ~ , ") - " -- ^ - ---.. ~-<~-^~-~----~---"~"'-""'--=--~:":_~_.",,~---"-~----_.~""" ~-~~~-~ ~ ~~-- ~~~~-"' ~-~--~~~ ~,,~~~~_::...-_<...._~ Courtesy Notices: Special courtesy notices were provided to the following homeowners and civic associations: . Fallridge Condo . Woods of Southridge . Pinegrove . PROD (Progressive Residents of Delray) . Southridge . President's Council Public Notice: Formal public notice has been provided to the affected property owners as well as property owners within a 500" radius of the subject property. Letters of support and objection, if any, will be presented at the Planning and Zoning Board meeting. -..- - - .. - - ~ ~--- ~~ - ~_~~~~_, _ ~ ~ .0._ ~~~:;;~'.:. . l~ ~ _~~~_~___ ~~~-~~_ ~~ _-=-3 _~=-~ _' _ _ ~ _ _~~_~~~~~~~~ _~, The FLUM designations and zoning classifications for the subject properties are being amended as these designations were retained as a "holding" zone until a specific development proposal is submitted. A development proposal has been submitted to construct a multiple family development that will contain workforce housing on the Untco properties. Rather than leave the remaining 0.5 acre lot R-1-A, it is appropriate to rezone the parcel with the privately-initiated proposal. As indicated in the ) staff report, there is a community need for workforce housing and the development of this property to accommodate this type of housing will help address the need. The directives of the Southridge/S.W. 41h Avenue Redevelopment Plan will need to be amended to address/require the provision of workforce housing on these parcels. Positive findings can be made with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions), LDR Section 2.4.5(D)(5) (Rezoning Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan. Therefore the proposed FlUM amendments and rezonings can be recommended for approval based on the findings outlined in this report. - " .- - ...._" -- ~ ~ ~ -? ... - -- .......-'-~ - - -~ - ~ ~ --"""'~""-"""""'~"""""'- '"- - ~ ~'" _~._ _ '~_~_=~_"'~__'~_'~.,o.-__ ..~_ __~_ __._ . A. Postpone with direction. B. Move to recommend to the City Commission approval of the proposed FLUM Amendments from RDA #3 (Redevelopment Area #3) to MD (Medium Density Residential) and Rezonings from R-1- A (Single Family Residential) to RM (Medium Density Residential) by adopting the findings of fact and law contained in the staff report, and finding that the requests are consistent with the Goals, Objectives and Policies of the Comprehensive Pl<;In. and meet criteria set forth in Section 2.4.5(D)(5), Section 3.1:1 (Required Findings) and Section 3.2.2 (Standards for Rezoning Actions) of the Land Development Regulations. C. Move to recommend to the City Commission denial of the proposed FLUM Amendments from RDA #3 (Redevelopment Area #3) to MD (Medium Density Residential) and Rezonings from R-1- ) A (Single Family Residential) to RM (Medium Oensity Residential) by adopting the findings of fact and law contained in the staff report, and finding that the requests are inconsistent with the Goals, Objectives and Policies of the Comprehensive Plan. and do not meet the criteria set forth Planning and Zoning Board Staff report lintco & Burke lee Properties - FlUM Amendment and Rezoning to RM (Southridge Redevelopment Area) Page 10 ') in Section 2.4.5(0)(5), Section 3.1.1 (Required Findings) and Section 3.2.2 (Standards for Rezoning Actions) of the Land Development Regulations. - - - - -- - -- - - - ~--~ - ~ - " < - - -- - < - - --'-- - _....~ ~ - - Move to recommend to the City Commission approval of the proposed FLUM Amendment from ROA #3 (Redevelopment Area #3) to MD (Medium Density Residential) and Rezoning from R-1-A (Single Family Residential) to RM (Medium Density Residential) for the following: o Area A - Lintco Property: A privately-initiated request involving thirteen (12) parcels containing a total of 7.05 acres. o Area B - Burke Lee Property: a City-initiated request involving a 0.5 acre parcel. by adopting the findings of fact and law contained in the staff report, and finding that the requests are consistent with the Goals, Objectives and Policies of the Comprehensive Plan. and meet criteria set forth in Section 2.4.5(0)(5), Section 3.1.1 (Required Findings) and Section 3.2.2 (Standards for Rezoning Actions) of the Land Development Regulations. Attachments: . Current & Proposed Future land Use Map ) . Current & Proposed Zoning Map .... I ~ II LJt II -lflT -r EI I l:;(l 1\ ~I II I H I I II I . " 11 TH .T. Rl:.IVL' c:i FALL RIDGE ') "'- ~--~ r MD ' '" &.. I- g-- ~ . MD":-' ~ OF DELRA Y STERLING AVENUE THE I LJAL I I A<ENUE I Lt ~ .lL4 )l.-- GROVES ,,~~~j ~ SOUTHRIOGE ROAD I .1Ii 1 ~ \ ~ 1111 J. ~ 1 ~ GULF STREAM I BESSIE ST. ~ '-I.. '?:: COMMERCIAL CENTRE ~ 0-0~<:;) ~o ~ <( ~€>G~ \ LINTON TRUSS I ELlA ST. ~ ) ~~ ~"a LINTON # v r jl!lGE P: Y iE 0-0".('- BOO COUNTY ~ro q ~Clt> I SANITATION l- I - '<ct.€: f - ~~ c--..-/ ",<3> 1 I SOUlliRt GE -------- 7Fnn~ AVF on, J> I L..' I SECURI TY SOUTHRIDGE C_~F ~ ~ SELF STORAGE ONE, VILLAGE ~ V)~~ C LINTON } CONDO (jJ 50UTHRID ~ ~ +: + : M R BL VD, ' CONDO R'-- + + + + J LINTON f BOULEVARD LINTON INTERNATIONAL PLAZA ~ TRN~ " <1l CDS TeD ~ ~ ~ ~ LAm ~ ~ r= GC b DELJ?A Y INDUSTRIAL ~ PARK LAKEVlEW / ! I AI n A N~ I. IIW~ - c/~ ~ ~- t ~I~D WASTE j ANSFER 1 ~ STATION ) ~ f < V \'N~~S AIIUER 1",,--- C J:' FJELD J J I N EXISTING FUTURE LAND USE MAP AMENDMENT FOR: ) L1NTCO AND LEE PROPERTIES - - OTY OF DEUlAY BEAOi, fL PLANNING &: ZONING DEPARnAENT m AREA A (UN TeD PROPERTY) r:J AREA B (LEE PRQP[RTY) -- DfGlTAL BASE MAP SYSTEM -- MAP REF LM856 I I .jJ II ..1 II a I II -1 tjl <I II 1:;;:1 II I . I r If . "'.W 11m T Rl:.I\;Lt. , ) FALL RIDGE - -r - E i!: MO - :;:: ?i OF DELRA Y STERUNG A VENUE MD '" vi -- I -II TT I I l~ - THE DOUGLASS AVENUE - JWIl~ GROVES ~ ---' SOUTHRIOGE ROAD 1 "\ I ~ I IIIII >)~ \ t ~~ l~ GULF STREAM 'i'"- I BESSIE ST. ::J R):J.. ~ ..>--- COMMERCIAL CENTRE z ~o w v~ > 0 < ~ f.)G(. UN TON TRUSS I ~ ELlA ST. ) ,,<<... t-O~ UN TON V ~<i:'<:J( v RIDGE I COUNTY =:y~~ sa" ~ONDO SANIT A nON (= # ~ J -' '\..'X) >' ,. / ~. SOUTHRI GE n ~ 7FOFR A \IF / VF I SOUTHRIOGE L-' CF ~ I ~ SECURITY ~ SELF STORAGE ONE WLLAGE :;:: r~ 0 CONDO vi 'SOU THRID ~ ~ ~:':. CMR LINTON BLVD_ CONDO f.<-- . ~ , ~ ~ LINTON f BOULEVARD ---! w TRN---1 UN TON INTERNA naNAL PLAZA > <( '- '--, Ul caSTca w >. p a:: ~ w LAVER'S > <( ...J GC = DELRA Y INDUSTRIAL LAKEV/EW ~ PARK INO A DNTS / ~ )f WAS~ ( ANSFER ~ STA nON V I Cf ) THE V/NINGS MILLER '-- ,.:, I FIELD J . N PROPOSED FUTURE LAND USE MAP AMENDMENT FOR: - UNTCO AND LEE PROPERTIES fLUMe fROU ROA-3 (REDE\'ELOPMENT AREA I 3) TO MO (RESlOENTlAl IAEOlUM OENSlTY 5-12 DUlAC) aTY OF OOJlAY BEACH. fL m AREA A (UNTeO PROPERTY) ~ AREA B (LEE PROPERTY) PlANNING .1< ZONING OEPART\lENT -- DIGITAL BA5E UAP 5YSTEM -- IA/>P REf t..Ma56 . . . I I WI 1\ I... II H IT T a ;;J II :::II II I " I I U SW. 11TH R~I\ u: "'Vl:.NUE lil_ FALL RIDGE ) - ~- I RM ~ x 0 ~ ~ ?i OF DELRA Y STERLING AVENUE FlM en vi 11 II II AVENU ' I I~ = mE DOUGLASS '\ ,~ =,..... GROVES -- L--.-' SOUTHRIOGE ROAD - .-. 0~ "\ 1 ~ II ~~ .1--j w j > GULF STREAM ~ <(: ~ w \ L 1..-' COMMERCIAL CEN TRE 14 I BESSIE ST. ::l !0'" o~ z J w .;;,~ ~ > CJ <(: ~ ~'" ~\'\)ri- LINTON TRUSS ELlA ST. ,;:(j-: LlN TON . ) ~~ # ..s RIDGE j!: . =V~I ,)~ ~'M COUNTY S~'\)Y :0 e;,o SANlT A nON ~= ~q,. r n" ~ 0J I/_LI T 1; ( ~ SOUTHRI GE"""RD . ------ DENJAMIN AVE '''I"'I''D A \C / - I CF SECUR! TY SOU THRIDGE ~ SELF STORAGE VILLAGE ?i Vj~ ~I ONE ;,) CONDO VI MIC LINTON SO~k Ii! ~ ,"'".. BLVD. CON " . '" :...- '". . '" LINTON '- B OU LEV A R D w <: iC 0 LlN TON INTERNA T10NAL PLAZA > <(: ~ "- c:{f , Ul COSTCO I LAVER'S Q: ~ w > <(: PC ~ LAK,WEW -' - ~ - DELRA Y INDUSTRIAL - PARK G C APARTMENTS ; IL I " ~ .' c~ , q(' SOLID WASTE ( - - ~ TRANSFER ~~... STA nON ) a ~ / '" CF --' ~ '" ~,mE ti . V1NINGS t.i MILLER ..: FIELD I J j . . . - N EXISTING ZONING DISTRICT MAP FOR: : . , - LINTCO AND LEE PROPERTIES -, OTY OF OELRAY BEAOi. fL ~ AREA A (U'IfCO PROPERTY) [::::J AREA B (tEE PROPERTY) PLANNING'" ZONING DEPARTMENT -- OIG1TAL BASE MAP SYSTEM -- t.lAP REF LM856 I ~ II It.... II I HID I I-----l . ~ II 1:;;1 1\ I nil II I L-J S. . 11TH RIoIIU: i ci FALL RIDGE i=-:r: RM gr--~ f'.. FI !: ~ ~ OF DElR A Y S1U<UNG A >a<JE I\,!! I ills I~I A"'N~I I Ll = 1ft" ~.-' GROVES -- ---' SOUlHRIDGE ROAD ~ ~ \' I \ \ 1 w ,::,'v ~ IIII % >-- ~ GULF STREAM I BESSIE ST. ~ CI.. ~ \ L 1....... COMMERCIAL CENTRE I ~ JI I ~ ~ ~ 00~<;J ~a ~ VI '''' <( ~" WC.\\:F:J't.. LINTON TRUSS ElLA 5f ~ - . ) u'v ,,0 LlN TON / . ~<::j v~ RIDGE ;I . ~..{Y"'~ a':::'~ ~ONDO COUNTY ~~lXl Cj ~'O SANITATION ?~ - "CL~ J n,..,. ~ - ~S. r ",0J · / '-' ..., L..o ______ ( ~ / SOUTHRIOGE RD. 'I=T)~R A\JIC ~ENJAMIN AVE / - C F I SECURITY SOUTHRIDGE ~ i:! ~ SELF STORAGE ONE ) VILLAGE 3: VJ ~ ~ ~ LINTON CONDO (f) SOUr, RIDGE 1$ ~ ~: ~: ! 11 M I C BLVD. CON ~- ~ + + + ~ L LINTON"""""" BOULEVARD LINTON INTERNA T/ONAL PLAZA ~ " <::. C u (f) CaSTCO r--. ~ ~ . 'I ~ LAVER'S ~~ t---- PC DELRA Y INDUSTRIAL PARK G C LAKEVlEW II I APARTMENTS.I '( o/, j ~q .-... (" SOLID WASTE ( _ _ .......-... --... TRANSFER _ - a.... ~ STAT/ON a -- ~II ~ / THE CF! V1NINGS MILLER :t I FIELD I J J N PROPOSED ZONING DISTRICT MAP FOR: - LlNTCO AND LEE PROPERTIES REZONING FROM R-l-A (SINGlE FAMILY RESIOENnAL) TO RM (MULTlPlE FA....ILY RESlOENllAL) OTY OF llfiRA Y BEACH. fl. I2'i('I .,..., PtANNlHG &: ZONING DEPARTMENT ~ AREA A (lINTCO PROPERN) L:J AREA 6 (lEE PROPERTY) -- DIGITAL BASE MAP SYSTEU -- MAP REF- l1.l856 ORDINANCE NO. 59-05 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED R-I-A (SINGLE FAMILY RESIDENTIAL) DISTRICT TO RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT; SAID LAND BEING A PARCEL LOCATED ON THE NORTH SIDE OF LINTON BOULEVARD, 660 FEET EAST OF SW 4TH A VENUE AS MORE P ARTICULARL Y DESCRIBED HEREIN ; AMENDING "ZONING MAP OF DELRA Y BEACH, FLORIDA, APRIL 2005"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated April 2005, as being zoned R-I-A (Single Family Residential) District; and WHEREAS, at its meeting of July 18, 2005, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 6 to 0 to recommend that the property hereinafter described be rezoned, based upon positive findings; and WHEREAS, pursuant to Florida Statutes 163.317 4( 4)( c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the changes are consistent with and furthers the objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, be amended to reflect the revised zoning classification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That the Zoning District Map of the City of Delray Beach, Florida, be, and the same is hereby amended to reflect a zoning classification of RM (Medium Density Residential) District for the following described property: East 139 feet of the west 638 feet of the south 208 feet of the south half (S lf2) of Lot 8, Model Land Company's Subdivision of Section 20, Township 46 South, Range 43 East, Palm Beach County, Florida (Less the south 53 feet for road R/W). Section 3. That the Planning and Zoning Director of the said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with the provisions of Section 2 hereof. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 6. That this ordinance shall become effective immediately upon the effective date of Ordinance 56-05, under which official land use designation ofMD (Medium Density ResidentialS- 12 du/ac) is affixed to the subject parcel hereinabove described. PASSED AND ADOPTED in regular session on second and final reading on this the _ day of , 200_. ATTEST MAYOR City Clerk First Reading Second Reading 2 ORD NO. 59-05 /lrJd l CITY COMMISSION DOCUMENTATION I TO: DAVID T. HARDEN, CITY MANAGER ~~..g. -1/1(. THRU: PAUL DORLlNG, DIRECTOR OF PLANNING A D Z~G ~ - FROM: JEFFREY A. COSTELLO, ASSISTANT PLANNING DIRECT~ .. ." .. SUBJECT: MEETING OF AUGUST 2, 2005 PRIVATELY-INITIATED REZONINGS FROM R-1-A (SINGLE FAMILY RESIDENTIAL) TO RM (MEDIUM DENSITY RESIDENTIAL) FOR LlNTCO PROPERTIES GENERALLY LOCATED AT THE NORTHWEST CORNER OF LINTON BOULEVARD AND SW 4TH AVENUE: t BACKGROUND I The rezoning involves 12 parcels (7.05 acres), which are located Within the Southridge/S.W. 4th Avenue Redevelopment Area, With the adoption of the Southridge/S.W, 4th Avenue Redevelopment plan on June 13, 1999, the Redevelopment Area #3 Future Land Use Map designation and R-1-A (Single Family Residential) zoning designation were retained as a "holding" zone until a specific development proposal was submitted A development proposal has been submitted to construct a multiple family development that will include workforce housing on the properties. At its meeting of August 2, 2005, the City Commission will consider the associated FLUM amendment for the properties in conjunction with Comprehensive Plan Amendment 2005-2 If approved on first reading, the second reading of the rezoning ordinance will occur at the same meeting as the adoption of the Comprehensive Plan amendment. Additional background and analysis of the requests are found in the attached Planning and Zoning Board Staff Report. r PLANNING AND ZONING BOARD CONSIDERATION I At its meeting of July 18, 2005, the Planning and Zoning Board held a public hearing in conjunction with the FLUM amendment and Rezoning. There was no publiC testimony regarding the requests. After reviewing the staff report and discussing the FLUM amendment and rezoning, the Board voted 6-0 to recommend to the City Commission approval of the proposed FLUM Amendment from RDA #3 (Redevelopment Area #3) to MD (Medium Density Residential) and Rezoning from R-1-A (Single Family Residential) to RM (Medium Density Residential) for the Lintco property, by adopting the findings of fact and law contained in the staff report, and finding that the requests are consistent with the Goals, Objectives and Policies of the Comprehensive Plan and meet criteria set forth In Section 2 4.5(D)(5), Section 3.1.1 (Required Findings) and Section 3.2 2 (Standards for Rezoning Actions) of the Land Development Regulations. t RECOMMENDED ACTION t Move approval on first reading, the ordinance for the proposed rezoning from R-1-A (Single Family Residential) to RM (Medium Density Residential), by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent With the Goals, Objectives and Policies of the Comprehensive Plan and meets criteria set forth in SectIon 24 5(D)(5), Section 3,1.1 (Required Findings) and Section 3 2,2 (Standards for Rezoning Actions) of the Land Development Regulations. Attachments Planning and Zoning Board Staff Report of July 18, 2005 & Proposed Ordinance \~D ._-~- ORDINANCE NO. 60-05 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTI.Y ZONED R-I-A (SINGLE FAMILY RESIDENTIAL) DISTRICT TO RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT; SAID LAND BEING A PARCEL LOCATED AT THE NORTHWEST CORNER OF LINTON BOULEVARD AND SW 4TH AVENUE AS MORE P ARTICULARL Y DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, APRIL 2005"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated April 2005, as being zoned R-I-A (Single Family Residential) District; and WHEREAS, at its meeting of July 18, 2005, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 6 to 0 to recommend that the property hereinafter described be rezoned, based upon positive findings; and WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the changes are consistent with and furthers the objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, be amended to reflect the revised zoning classification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That the Zoning District Map of the City of Delray Beach, Florida, be, -- ---------- and the same is hereby amended to reflect a zoning classification of RM (Medium Density Residential) District for the following described property: A portion of Lot 8, Model Land Company's Subdivision of Section 20, Township 46 South, Range 43 East, according to the Plat thereof as recorded in Plat Book 1 at Page 4 of the Public Records of Palm Beach County, Florida, being more particularly described as follows: Commence at the Southwest comer of Lot 8, Model Land Company's Subdivision of Section 20, Township 46 South, Range 43 East, according to the Plat thereof as recorded in Plat Book 1 at Page 4 of the Public Records of Palm Beach County , Florida, said point being coincident to the South one-quarter Section comer of said Section 20; thence N 890 38' 18"E along the South line of said Lot 8 and said line being coincident with the centerline line of Linton Boulevard (106' right-of-way) for a distance of 663.31 feet to the West line of the East one-half (E %) of Lot 8; thence N 000 00' 31" W for 53 feet to a point on the north right-of-way line of said Linton Boulevard said point also being the point of beginning. Thence continue N 000 00' 31" W along the West line of the East one-half (E %) of said Lot 8 for a distance of 475.48 feet, thence N 890 38' 18" E along a line parallel with and 528.47 feet north of as measured at right angles to the South line of Said Lot 8 for a distance of 638.42 feet; thence S 000 00' 13" W along a line parallel with and 25.00 feet West of the East line of said Lot 8 for a distance of 318.48 feet (said last described line being coincident with the West right-of-way line of SW 4th Avenue); thence S 890 38' 18" W along a line parallel with and 210.00 feet north of as measured at right angles to the South line of said Lot 8 for a distance of 145.13 feet; thence S 000 00' 31" W along a line parallel with and 1,156.50 feet East of as measured at right angles to the West line of said Lot 8 for a distance of 157.00 feet to a point on the said North right-of-way line of Linton Boulevard; thence S 890 38' 18" W along a line parallel with and 53.00 feet North of as measured at right angles to the said South line of Lot 8 for a distance of 189.52 feet; thence S 000 00' 31"E for 23.00 feet; thence S890 38' 18" W along a line parallel with and 30.00 feet North of as measured at right angles to the said South line of Lot 8 for a distance of 209.25 feet; thence N 000 00' 31" W for 23.00 feet; thence S 890 38' 18" W along a line parallel with and 53.00 feet north of as measured at right angles to the said south line of Lot 8 for a distance of 94.45 feet to the point of beginning. Together With The Southwest quarter of Lot 8, Subdivision of Section 20, Township 46 South, Range 43 East, according to the Plat thereof, recorded in Plat Book 1, Page 4, of the Public Records of Palm Beach County, Florida, less thereof the West 499 feet and 2 ORD NO. 60-05 also the Less the East 139 feet of the West 638 feet of the South 207 feet. Also less the right-of-way of SW 12th Street (aka Linton Boulevard). Section 3. That the Planning and Zoning Director of the said City shall, upon the effective date of this ordinance. amend the Zoning Map of the City of Delray Beach, Florida. to conform with the provisions of Section 2 hereof. Section 4. That all ordinances or parts of ordinances in conflict herewith be. and the same are hereby repealed. Section 5. That should any section or provision of this ordinance or any portion thereof. any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid. such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 6. That this ordinance shall become effective immediately upon the effective date of Ordinance 56-05. under which official land use designation of MD (Medium Density Residential 5- 12 du/ac) is affixed to the subject parcel hereinabove described. PASSED AND ADOPTED in regular session on second and final reading on this the _ day of . 200_. ATTEST MAYOR Acting City Clerk First Reading Second Reading 3 ORD NO. 60-05 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: July 18, 2005 AGENDA ITEM: IV.D.(2)(c) and I.V.D(2)(d) ITEM: Future Land Use Map amendment from RDA-3 (Redevelopment Area #3) to MD (Residential Medium Density 5-12 du/ac) and rezoning from R-1-A (Single Family Residential) to RM (Medium Density Residential) for the Lee property and Lintco multi-family site, located at the northwest corner of Linton Boulevard and SW 4th Avenue. (Quasi-Judicial Hearing) GENERAL DATA: Owner...................................... Burke Lee and Lintco Applicant.. ................ ................... Lee Property: City-initiated Lintco Property: Privately- initiated Location........... ............. ..... ......... Northwest corner of Linton ! i . Boulevard and SW 4th Avenue .-- "YY. ~ : :J :.:::: ::.: Property Size......... ....... .............. 0.5 acre (Lee Property) <n i tJ......1: . . . .. . OUTHRIDG[; i'fi '..; . 7.05 acres (Lintco Property) CONDO 'C;: . _...i . Existing Future Land Use Map.. RDA-3 (Redevelopment Area #3) LINTON Proposed F.L.U.M.................... MD (Residential Medium Density, ~ < 5-12 du/ac) - VJ COSTCO '" Existing Zoning........................... R-1-A (Single Family Residential) ~ :3 Proposed Zoning.... . . . . . . . . . . . . . . . .. RM (Medium Density Residential) Adjacent Zoning................North: RM & R-1-A East: POD (Professional Office District) & MIC (Mixed Industrial and 0,>\\ c Commercial) South: PC (Planned Commercial) West: CF (Community Facilities) & R-1- A TH[ Existing Land Use...................... Vacant and Single Family V!NINGS Residence Proposed Land Use.................... Future Land Use Map : Amendment and Rezoning to accommodate a proposed multiple family development that ~ ~- ,----- ~ - will contain workforce housing. , -- Water Service......... .................... n/a " i : i Sewer Service..... ........................ n/a I t-f '~I' CLUB i; ..!.- I i I~--/ ~ IV. D. (2)(c) and IV.D.(2)(d) I ITEM BEFORE THE BOARD I The action before the Board IS that of making a recommendation to the City Commission on the following Future Land Use Map Amendments from RDA-3 (Redevelopment Area #3) to MD (Medium Density Residential 5-12 du/ac) and Rezoning from R-1-A (Single Family Residential) to RM (Medium Density Residential) for properties generally located at the north west corner of Linton Boulevard and SW 4th Avenue: The Future Land Use Map Amendments and Rezonings involve thirteen (13) parcels totaling 7,55 acres (See attached Map): o Area A - Lintco Property: A privately-initiated request involving twelve (12) parcels containing a total of 7.05 acres. o Area B - Burke Lee Property: A City-initiated request involving a 0 5 acre parcel Pursuant to Section 2.2.2(E) of the Land Development Regulations, the Planning and Zoning Board shall review and make a recommendation to the City Commission with respect to FLUM Amendments or Rezoning of any property within the City, I BACKGROUND I The proposal Involves 13 parcels, which are located within the Southridge/S.W. 4th Avenue Redevelopment Area. These lots are unplatted and undeveloped, except for an existing single family house (0,5 acre parcel) next to the Fire Station. The vacant parcel consists of 12 acres under one ownership (7.05 acres) and the existing single family residence next to the fire station is under separate ownership (0.5 acres), On January 9, 1978, the Burke Lee Property containing the single family residence was annexed into the City with the R-1-A zoning designation The Lintco property was annexed into the City on October 11, 1998 as part of the Enclave Act (Enclave #34) with the R-1-A (Single Family Residential zoning designation With the adoption of the Southridge/S.W. 4th Avenue Redevelopment plan on June 13, 1999, the Redevelopment Area #3 Future Land Use Map designation and R-1-A (Single Family Residential) zoning designation were retained as a "holding" zone until a specific development proposal is submitted, A development proposal has been submitted to construct a multiple family development that will contain workforce housing on the Lintco properties, Rather than leave the remaining 0.5 acre lot R-1-A It IS appropriate to rezone the parcel with the privatelY-initiated proposal . I FUTURE LAND USE MAP AMENDMENT ANALYSIS I This Future Land Use Map Amendment is being processed pursuant to the twice a year statutory limits for consideration of plan amendments (F.S. 163.3187) as part of the City's ComprehenSive Plan Amendment 2005-02. REQUIRED FINDINGS: LOR (CHAPTER 3) PERFORMANCE STANDARDS: Pursuant to Section 3.1.1 (Required Findings), prior to approval of Land Use applications, certain findings must be made in a form which is part of the official record. This may be Planning and Zoning Board Staff report Lmtco & Burke Lee Properties - FLUM Amendment and Rezoning to RM (Southndge Redevelopment Area) Page 2 achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. Future Land Use Map: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. With the adoption of the Southridge/S.W 4th Avenue Redevelopment plan on June 13, 1999, the Redevelopment Area #3 Future Land Use Map designation and R-1-A (Single Family Residential) zoning designation were retained as a "holding" zone until a specific development proposal is submitted. A development proposal has been submitted to construct a multiple family development that will contain workforce housing. The proposed FLUM amendment will assign a Future Land Use Map designation of MD (Medium Density Residential 5-12 du/acre) and the proposed zoning IS RM (Medium Density Residential) The proposed zoning designation of RM (Medium Density Residential) IS consistent with the proposed MD Future Land Use Map designation, Based upon the above, a positive finding with respect to Future Land Use Map consistency can be made. The Southridge/S.W. 4th Avenue Redevelopment Plan identifies development scenarios and criteria for development to occur within the area. These aspects of the Plan are discussed below The remaining required findings of LDR Section 3.1.1, Concurrency, Comprehensive Plan Consistency and Compliance with the Land Development Regulations are discussed below. Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map (FLUM) must be based upon the findings listed below, and must be supported by data and analysis that demonstrate compliance with these findings: 0 Demonstrated Need -- That there is a need for the requested land use. The need must be based upon circumstances such as shifts in demographic trends, changes in the availability of land, changes in the existing character and FLUM designations of the surrounding area, fulfillment of a comprehensive plan objective or policy, annexation into the municipal boundaries, or similar circumstances. The need must be supported by data and analysis verifying the changing demographics or other circumstances. This requirement shall not apply to requests for the FLUM designations of Conservation or Recreation and Open Space; nor shall it apply to FLUM changes associated with annexations when the City's advisory FLUM designation is being applied, or when the requested designation is of a similar intensity to the advisory designation. However, the findings described in the remainder of this policy must be addressed with all FLUM amendments. Future Land Use Element Policv C-2.5 The following pertains to the area on both sides of S. W 4th A venue, north of Linton Boulevard. This area involves warehouses, heavy industrial use, sporadic residential uses, and vacant land. The vacant land was platted as a part of the Woods of South ridge Subdivision. The Southridge/SW 4th A venue Redevelopment Plan was adopted by City Commission on June 15, 1999. The plan establishes Future Land Use Map designations for the majority of the Redevelopment Area. Future development must be in accordance with the provisions of the Redevelopment Plan. Several parcels along Linton Boulevard are to retain their existing Planning and Zoning Board Staff report Lintco & Burke Lee Properties - FLUM Amendment and Rezoning to RM (South ridge Redevelopment Area) Page 3 Redevelopment Area #3 Future Land Use designation and R-1A zoning designation until such time that a development proposal that is consistent with the parameters outlined within the Redevelopment Plan is processed. To the greatest extent possible, these parcels are to be aggregated to accommodate a unified development. The redevelopment plan presented five (5) development scenarios for the vacant properties at the northwest corner of S, W, 4th Avenue and Linton Boulevard, Each of the potential scenarios has certain benefits and certain drawbacks. The provision of residential development at this corner was Identified in Scenario 3, which stated the follOWing ft.. . there already exists a mix of existing residential uses In the general area, and economic activities that will provide more jobs should be encouraged. Many of the multifamily developments in the area, particularly those along Linton, have detenorated. Given the surrounding industrial and commercial uses and the intensity of traffic in the area, residential development on this property is not encouraged. " With adoption of the Plan, application of a specific Future Land Use Map designation was not pursued without a specific proposal in mind, as it could have eliminated a potentially positive development of the property The only Future Land Use Map change to be processed at that time was for the office building at the northwest corner of Linton Boulevard and S.W, 4th Avenue, which was given the Transitional FLUM designation With POD (Professional and Office District) zoning. The adopted Redevelopment Plan recommended the following scenario (Scenario 5), which established the follOWing parameters for the consideration of any future development proposals for this area: . To the greatest extent possible, the properties are to be aggregated for a unified development. . Residential development, unless part of a comprehensive mixed use project or an assisted living type facility, is not to be considered. . Uses identified within Scenarios 1 and 4 are encouraged. . Commercial uses may be appropriate if it can be demonstrated that the traffic can be accommodated on the roadway network, and that impacts on the adjacent residential uses will be minimal, A mix of uses, including retail, office and second story residential, and entertainment is encouraged. Gasoline stations, fast food restaurants, flea market/bazaar/merchandise marts, and auto repair and maintenance type facilities shall not be considered. . The style of development shall be of a distinctive architectural character that enhances the area and encourages new investment and redevelopment. . Adjacent residential areas are to be separated from the development by a wall and substantial landscape buffer. Since the adoption of the Redevelopment Plan in 1999, the City and South Florida has experienced a tremendous Increase in the price of housing, which has significantly impacted hOUSing attainable to very low, low and moderate income households, Escalating land costs and rapidly diminishing amounts of land available have hindered the provision of sufficient workforce dwelling units by the private sector According to the Florida Association of Realtors, Inc., the median price of existing homes in Palm Beach County In March 2005 was $371,500, a 37% increase over the March 2004 median of $272,100 {"Palm Beach County Median Home Resale Soars Past $370,000" p 1-A, April 26, 2005 Palm Beach Post article by Stephen Pounds). According to a May 2005 Sun-Sentinel newspaper article, rents in South Florida began climbing in 2004, and are expected to continue to Increase. According to real estate analysts, occupancy rates are averaging 95%, and as a result, rents have climbed. Another factor affecting rents is -------- Planning and ZOning Board Staff report Llntco & Burke Lee Properties - FLUM Amendment and Rezoning to RM (Southndge Redevelopment Area) Page 4 the condo conversion boom, with more rental complexes being taken out of the marketplace than being built. ("For S. Florida tenants, rental picture turns bleak: Demand for units rises as home costs continue to surge" May 15, 2005 Sun-Sentinel article by Robin Benedick). Due to the escalating cost of housing, many renters have been unable to purchase a home. Thus, there is a shortage of housing affordable to the everyday working families and citizens The need to provide workforce housing is critical to maintaining a diversified and sustainable City having the character and sense of a community where people can live and work in the same area, In order to address this public need, on December 6, 2004, the City adopted a FamilylWorkforce Housing ordinance, which established a Density Bonus Program based upon the number of units that are made available to very low, low and moderate Income households, The FamilylWorkforce Housing Ordinance is in the process of being amended to add more overlay districts that can accommodate workforce housing. With the City's annual Comprehensive Plan Amendment 2005-2, the Medium Density land use designation description is being modified to include the following statement. "Areas with this desianation, located within a workforce housina overlay district, may also exceed 12 units per acre UP to a maximum of 18 umts per acre bv obtainma density bonuses throuah the proviSion of workforce housma units." Based upon the above, an opportunity eXists to develop the property in a manner that will provide workforce housing, Development of the property for residential purposes will not have as Significant an impact on traffic concurrency as office or commercial development. The Redevelopment Area has experienced some stabilization since adoption of the Plan through the construction of infill housing in the single family subdivisions to the north and associated infrastructure improvements. The multi-family developments that have deteriorated along Linton Boulevard, are primarily rental properties, whIch have not been well maintained and are not properly managed. Per the Comprehensive Plan, infill housing for low to moderate income families is encouraged with the redevelopment of this area. It IS noted the Redevelopment Plan will be amended to modify the development scenarios for these parcels to encouragelrequire the provision of workforce housing for all residential development. 0 Consistency -- The requested designation is consistent with the goals, objectives and policies of the most recently adopted Comprehensive Plan. The following applicable Comprehensive Plan objective and policies are noted' Future Land Use Element Objective A-1: Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate in terms of soil, topographic and other applicable physical considerations; is complimentary to adjacent land uses; and fulfills remaining land use needs. The subject properties are primarily vacant with a single family home at the southwest corner, adjacent to Fire Station #3. Development of the properties can occur in a manner to comply with this Policy. This Policy Will be further addressed With a development proposal (site plan and/or conditional use for the property The property to the east (across S,W. 4th Avenue) is industrial and contains a self storage faCility; to the south, across Linton Boulevard, is commercial, to the west, IS a Fire Station and R-1-A (Single Family Residential) zoned property; and to the north, is Linton Ridge condominium, which is zoned RM (Medium Density ReSidential). The development will be complimentary to the adjacent land uses. The Redevelopment Plan prOVides the following directives with regard to development of these properties: Planning and ZOning Board Staff report Lmtco & Burke Lee Properties - FLUM Amendment and Rezoning to RM (Southndge Redevelopment Area) Page 5 . The style of development shall be of a distinctive architectural character that enhances the area and encourages new investment and redevelopment. . Adjacent residential areas are to be separated from the development by a wall and substantial landscape buffer. HousinQ Element Policv A-12.3: In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. As discussed below with the Concurrency analysis, the proposed new development will result in a decrease of potential traffic generated by commercial, office and/or recreational development scenarios identified In the Redevelopment Plan, Given the existing traffic and potential traffic flow on Linton Boulevard, The Plan recommends that any new development take access from both Linton Boulevard and S,W. 4th Avenue where possible. With a specific development proposal, a traffic study Will be submitted, which must comply with Palm Beach County Traffic Performance Standards Ordinance. The style of development shall be of a distinctive architectural character that enhances the area and encourages new investment and redevelopment. The Plan also calls for adjacent reSidential areas to be separated from the development on the subject properties by a wall and substantial landscape buffer. Development of the property can occur in a manner that will enhance the stability of the area. With a conditional use and/or site plan request thiS policy will be revisited. 0 Concurrency -- Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. The proposal involves amending the FLUM designation from RDA #3 to MO on parcels, which total approximately 7.55 acres, The proposed FLUM Amendment will result in an increased Impact on adopted concurrency standards Concurrency findings with respect to Parks and Recreation, Schools, Solid Waste, TraffiC and Water and Sewer are discussed below: Water and Sewer: A 20" water main is located within S,W, 4th Avenue along with fire hydrants. Along Linton Boulevard, Installation of a water main may be required along With fire hydrants spaced as required. With respect to sewer, Lift Station 26C IS located adjacent to S.W 4th Avenue at the northeast corner of the office building site and connects to a 6" force main within S,W. 4th Avenue. With any development of these parcels, installation of water and sewer mains, fire hydrants, and drainage improvements must be accommodated, The location of these improvements will depend upon site design layout of any proposed development(s) The proposed FLUM Amendment to MD will increase the demand on these public services; however, adequate capacity exists to accommodate the proposal. Pursuant to the Comprehensive Plan adequate water and sewer treatment capacity eXists to meet the adopted level of service standards at the City's build-out. Thus, a positive finding With respect to this level of service standard can be made. Traffic: Linton Boulevard is classified as a County minor arterial road from the west City limits to Federal Highway. Linton Boulevard currently operates at Level of Service "0" from South Federal Highway to S.W, 10th Avenue. S,W. 4th Avenue is classified as a two-lane City collector Regardless of the development scenario selected for this area (residential, office, mixed use), Planning and Zoning Board Staff report Llntco & Burke Lee Properties - FLUM Amendment and Rezoning to RM (Southndge Redevelopment Area) Page 6 internal traffic circulation will need to be provided for any development. Per the Redevelopment Plan, given the existing traffic and potential traffic flow on Linton Boulevard, it is recommended that any new development take access from both Linton Boulevard and S,W. 4th Avenue where possible. The applicant has submitted a traffic study based upon the maximum potential density permitted by the proposed MD FLUM designation, based on the proposed text amendment to allow 18 du/ac to accommodate workforce housing. The current FLUM designation of RDA-3 with R-1-A (Single Family Residential) zoning , which allows a maximum of 5 du/ac. Under the existing FLUM designation and zoning, the 7.55 acre site could accommodate 37 units generating 370 average dally trips, while the proposed MD could accommodate 135 units, which Will generate 945 average daily trips. This results In a trip generation potential of 545 average daily trips, It is also noted that the development scenarios recommended In the Redevelopment Plan consisting of office, mixed-use (retail, office and residential), and recreational facilities (public or pnvate), would generate a greater number of average daily trips than a residential development with the proposed densities A copy of the submitted traffic analysis has been transmitted to the Palm Beach County Traffic DiVision for review. The proposed Medium Density FLUM designation will allow a range from 6 to 18 du/ac. With a specific development proposal, a traffic study will be submitted The maximum development potential will be based on the ability to comply with the Palm Beach County Traffic Performance Standards Ordinance, Based upon the above condition of approval being addressed, a positive finding with respect to traffic concurrency can be made at this time. Drainaae: Any development of the site will be required to retain drainage on-site in compliance with South Florida Water Management Distnct (SFWMD) requirements There are no problems anticipated complying with SFWMD requirements. Parks and Recreation: The Open Space and Recreation Element of the Comprehensive Plan Indicates in its conclusion that "The City will have sufficient recreation facilities at build-out to meet the adopted standards". A park impact fee is collected to offset any impacts that individual projects may have on the City's recreational facilities. Pursuant to Land Development Regulations (LOR) Section 5 3.2, a park impact fee of $500 00 per dwelling unit will be collected prior to issuance of a building permit for each residential unit. Based upon the proposed FLUM Amendment and Rezoning, the maximum allowable density (18 du/ac) would allow 135 dwelling units, thus requiring a park impact fee of $67,500,00. Schools: A School Concurrency Application has been transmitted to the School District of Palm Beach County for their consideration The Palm Beach County School District must approve the development proposal for compliance with the adopted Level of Service for School Concurrency. Verification from the Palm Beach County School District is pending; however no problems are anticipated meeting this level of service standard Solid Waste: The subject properties are primarily vacant, except for a single family residence, and therefore currently have no Impact on this level of service standard. The single family residence currently generates 1,99. tons per year. Assuming the proposed maximum density (18 du/ac), the subject properties will generate 268,65 tons of solid waste per year (135 units X 1,99 tone per year), The increase can be accommodated by eXisting facilities and thus, will not have a significant impact on this level of service standard, The Solid Waste Authonty has indicated that ItS facilities have sufficient capacity to handle all development proposals till the year 2021, thus a positive finding with respect to this level of service standard can be made Thus, positive findings can be made at thiS time with regard to concurrency for all services and facilities Planning and Zoning Board Staff report Lintco & Burke Lee Properties - FLUM Amendment and Rezoning to RM (Southndge Redevelopment Area) Page 7 0 Compatibility -- The requested designation will be compatible with the existing and future land uses of the surrounding area. The parcels in question abut a condominium development to the north (Linton Ridge Condos), and a portion of a single family subdivision to the west (Woods of Southridge, As previously discussed, the property can be developed to be compatible with and complimentary to the adjacent neighborhoods, There are directives in place to ensure that any development of the property will be compatible. Also, there are development regulations to ensure development will occur in manner that will be the same. Based upon the above, the proposed FLUM and zoning designations are compatible with the existing and future land uses of the surrounding area, and a positive finding with respect to compatibility can be made. o Compliance -- Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. All future development within the requested designation shall comply with the provisions and requirements of the Land Development Regulations Compliance with the Land Development Regulations will be further addressed with review of a condItional use or site plan request as applicable I ZONING ANALYSIS I REQUIRED FINDINGS (Chapter 3): Pursuant to Section 3.1.1 (Required Findings), prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. Future Land Use Map, Concurrency and Comprehensive Plan Consistency were previously discussed under the "Future Land Use Map Amendment Analysis" section of this report. Compliance with the Land Development Regulations with respect to Standards for Rezoning Actions and Rezoning Findings are discussed below. CONSISTENCY: Compliance with the performance standards set forth in LOR Section 3.2.2, along with the required findings in LOR Section 2.4.5(0) (5), shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. LOR Section 3.2.2: Standards A, B, C and E are not applicable. The applicable performance standard of LOR Section 3.2.2 is as follows: (D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land use both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. Planning and Zoning Board Staff report Llntco & Burke Lee Properties - FLUM Amendment and Rezoning to RM (Southndge Redevelopment Area) Page 8 Direction Zoninq Uses North RM Linton Ridge condominiums West CF and R-1-A Fire Station #3 and Woods of South ridge single family subdivision South PC and POD Global Imports and an office building East MIC Security Self Storage Facility The proposed FLUM amendment and rezoning are compatible with the adjacent land uses and consistent with the development pattern within the Redevelopment Area. As discussed under Future Land Use Element Policy A-1 7, the proposed FLUM and zoning designations are compatible with the existing and future land uses of the surrounding area, and a positive finding with respect to compatibility can be made LOR Section 2.4.5(0) (5) (RezoninQ FindinQs): Pursuant to LOR Section 2.4.5(0) (5), in addition to provisions of Chapter Three, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: (a) That the zoning had previously been changed, or was originally established, in error; (b) That there has been a change in circumstances which make the current zoning inappropriate; or (c) That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site andlor neighborhood. The following is the applicant's justification statement: 'The subject site is zoned R-1-A (Smgle Family Residential). The property is located on a major thoroughfare (Linton Boulevard) and is 7 acres; which does not allow for proper development of a single family development. It IS also adjacent to a fire station and an office building. The development along Linton and the increase in traffic has made the current zoning inappropriate, Multi-family residential including workforce housing is more appropnate for the property based upon circumstances particular to the site." The appropriate reasons for the proposed rezoning are "b" and "c". With the adoption of the Southndge/S,W. 4th Avenue Redevelopment plan on June 13, 1999, the Redevelopment Area #3 Future Land Use Map designation and R-1-A (Single Family Residential) zoning designation were retained as a "holding" zone until a specifiC development proposal is submitted. A development proposal has been submitted to construct a multiple family development that Will contain workforce housing Thus, circumstances have changed that make the current zoning inappropriate, Further, the RM zoning designation IS similar In intensity as proposed under the requested MD FLUM designation and IS more appropnate for the site based on circumstances which relate to the community's need for workforce housing. The RM designatIon Will encourage a development scenario that will not have substantial traffic impacts and will be complimentary to the neighborhoods to the north and west. Planning and Zoning Board Staff report Llntco & Burke Lee Properties - FLUM Amendment and Rezoning to RM (Southridge Redevelopment Area) Page 9 I REVIEW BY OTHERS I Courtesy Notices: Special courtesy notices were provided to the following homeowners and civic associations: . Fallridge Condo . Woods of Southridge . Pinegrove . PROD (Progressive Residents of Delray) . South ridge . President's Council Public Notice: Formal public notice has been provided to the affected property owners as well as property owners within a 500' radius of the subject property. Letters of support and objection, If any, Will be presented at the Planning and Zoning Board meeting. I ASSESSMENT AND CONCLUSION I The FLUM designations and zoning classifications for the subject properties are being amended as these designations were retained as a "holding" zone until a specific development proposal is submitted, A development proposal has been submitted to construct a multiple family development that will contain workforce housing on the Untco properties, Rather than leave the remaining 0.5 acre lot R-1-A, it is appropriate to rezone the parcel with the privately-initiated proposal. As indicated in the staff report, there is a community need for workforce housing and the development of this property to accommodate thiS type of housing will help address the need The directives of the Southridge/S W 4th Avenue Redevelopment Plan will need to be amended to address/require the provision of workforce housing on these parcels. Positive findings can be made with respect to Future Land Use Element Policy A-1 7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1,1 (Required Findings), LOR Section 3.2,2 (Standards for Rezoning Actions), LDR Section 24 5(D)(5) (Rezoning Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan. Therefore the proposed FLUM amendments and rezonlngs can be recommended for approval based on the findings outlined in thiS report. I ALTERNATIVE ACTIONS ' I A. Postpone with direction. B. Move to recommend to the City Commission approval of the proposed FLUM Amendments from RDA #3 (Redevelopment Area #3) to MD (Medium Density Residential) and Rezonings from R-1- A (Single Family Residential) to RM (Medium Density Residential) by adopting the findings of fact and law contained in the staff report, and finding that the requests are consistent with the Goals, Objectives and Policies of the Comprehensive Plan and meet criteria set forth in Section 2.4.5(D)(5), Section 3,1,1 (Required Findings) and Section 3 2 2 (Standards for Rezoning Actions) of the Land Development Regulations C. Move to recommend to the City Commission denial of the proposed FLUM Amendments from RDA #3 (Redevelopment Area #3) to MD (Medium Density Residential) and Rezonings from R-1- A (Single Family Residential) to RM (Medium Density Residential) by adopting the findings of fact and law contained in the staff report, and finding that the requests are inconsistent with the Goals, Objectives and Policies of the Comprehensive Plan and do not meet the criteria set forth - - - - ---~~- Planning and Zoning Board Staff report Llntco & Burke Lee Properties - FLUM Amendment and Rezoning to RM (Southridge Redevelopment Area) Page 10 in Section 2.4.5(D)(5), Section 3.1,1 (Required Findings) and Section 3 2.2 (Standards for Rezoning Actions) of the Land Development Regulations, I R E COM MEND E 0 ACT I ON I Move to recommend to the City Commission approval of the proposed FLUM Amendments from ROA #3 (Redevelopment Area #3) to MD (Medium Density Residential) and Rezonlngs from R-1-A (Single Family Residential) to RM (Medium Density Residential) for the following: o Area A - Untco Property: A privately-initiated request involving twelve (12) parcels containing a total of 7,05 acres, o Area B - Burke Lee Property: a City-initiated request involving a 0.5 acre parcel. by adopting the findings of fact and law contained in the staff report, and finding that the requests are consistent with the Goals, Objectives and Policies of the Comprehensive Plan. and meet criteria set forth in Section 2.4,5(0)(5), Section 3.1,1 (Required Findings) and Section 3.2.2 (Standards for Rezoning Actions) of the Land Development Regulations Attachments' . Current & Proposed Future Land Use Map . Current & Proposed Zoning Map FALL RIDGE MD I ;;;; ;;;; MD I III III OF DELRA Y THE GROVES GULF STREAM COMMERCIAL CENTRE LINTON TRUSS II COUNTY SANITA nON SECURITY SOU THRtOGE SELF S TOR AGE ONE VILLAGE CMR UN TON CONDO BLVD LINTON BOULEVARD w ',TRN~ LINTON i INTERNA TiONAL PLAZA > <( COSTCO w I > ; LAVER'S i GC DELRA Y INDUSTRIAL PARK IND THE VININGS MILLER FIELD N EXISTING FUTURE LAND USE MAP AMENDMENT FOR: - L1NTCO AND LEE PROPERTIES CI TY OF DELRA Y BEACH. FL m AREA A (UNTCO PROPERTY) c:::J AREA B (LEE PROPERTY) PLANNING & ZONING DEPARTMENT -- DIGITAL BASE MAP SYSTEM -- MAP REF LM8S6 FALL RIDGE I I MD I- 00 I- "- i :;:: :;:: OF DELRA Y MD {fJ {fJ THE AVENUE GRO VES GULF STREAM COMMERCIAL CENTRE UN TON TRUSS II I I COUNTY SANITA nON - SECURITY SOUTHRIDGE SELF STO.RAGE ONE VILLAGE CMR LINTON CONDO BLVD LINTON BOULEVARD w '.TRN LiNTON ' IN TERNA TlONAL PLAZA > <l: I COSTCO w > LAVER'S GC OELRA Y INOUST.RIAL PARK IND THE VININGS MILLER FiELD N PROPOSED FUTURE LAND USE MAP AMENDMENT FOR: - L1NTCO AND LEE PROPERTIES FLUM FROM RDA-3 (REDEVELOPMENT AREA # 3) TO MD (RESIDENTIAL MEDIUM DENSITY 5-12 DUlAC) CITY OF DELRA Y BEACH, FL m AREA A (UNTCO PROPERTY) [:::J AREA B (LEE PROPERTY) PLANNING <5< ZONING DEPARTMENT -- DIGITAL BASE MAP SYSTEM -- MAP REF LM856 FALL RiDGE I RM f- r-.. OF DELRA Y STERLING M ! i THE AVENUE GRO VES i GULF STREAM L_ COMMERCIAL CENTRE LINTON TRUSS --~ I f- "<t SECURITY SOU THF?IDGE SELF STOF?AGE ONE VILLA GE LINTON CONDO MIC BLVD LINTON 8 0 U LEV A R D i' w GC LINTON i INTERNA TiONAL PLAZA > <( - COSTCO LAVER'S I PC , DELF?A Y INDUSTRIAL I PARK I GC LAKEVIEW I APARTMENTS i I SOLID WASTE TRANSFER STA nON 0 <( 0 CF :J <( '" THE VININGS MILLER FIELD N EXISTING ZONING DISTRICT MAP FOR: - L1NTCO AND LEE PROPERTIES CITY OF DELRA Y BEACH, FL ~ AREA A (L1NTCO PROPERTY) r::::J AREA B (LEE PROPERTY) PLANNING & ZONING DEPARTMENT -- DIGITAL BASE MAP SYSTEM -- MAP REF LM856 I WI II IL..I JI! 11 II I ~I I ~I II ::;JIl: I II I r lr l L-JI S W lnH Rt.lGLt. -- FALL RIDGE ' I' ! 1 ' 'I ! I'! I" , =r- ~ R M Iii i!' I ' , ,I ': . r-- , ' I' j' ---;- , R ! :;: ~. OF DELRAY STERliNG! ,AVENUE M 11:1 I i ,1! ~i: I! ~ Ii I I THE DOUGLASS AVENUE 0t i' i r ~ GROVES,,"" /..~, 'SOUTHRID,GE ROAD ~ ~ '.,.,.,/x...,"'"', " j' ill 11 i'!1 I i,l ,,'.,/". , : ,~ i ',' !, _I , '<., '..., ';J<V , ' . z I I; I, "'"'J, '... rv""" I' I W ~ L ;' I : w><^",,"';' . ,~GULt- smEAM e: BESSIE ST ~ </.'," ,:)-<-, O,?:~.,,' ../ COMMERCIAL CENTRE I~ JII, I ' ! 1 W'., '..;::,""" ... <(" " / r'.' 1----:......-.;...- ~ ~ "-, C:3 "'~""" """,""'>"./"-"~", i I 1 ~>' x '~.;<>"" '~\\F:JS LINTON TRUSS I' ELLA ST" X',-, '... i:-, I ' ~ ' c,<V '...V '...' ,,0 LINTON ~. I _.~' 0r>-$5 "'"', / v-<:- RIDGE ~ ; , ~<v ~ 0';::'''''''" /~~. CONDO'" . COUNTY I SU\'l\)'< co '? '. /<; .' '.""'/ Clf? _ .- J.-2ANITA nON , - '...' '.'.// c(t JJ ~~ ~ I I - " ~ ' ~ /, O'<J '.,,',-, - . '-'..., ! I I L- ( ",'y/ -/ SOUTHRIIJGE'"RD 7,TII=-R Avr: QENJAMIN AVE 1/ ' IILLAG~:;: VJ LINTON CONDO Ul SOU '0' RIDGE !t ~ < < ~ M I C BL VO CON f<-' .. .. I .. + i LINTON f"'.... BOULEVARD LINTON 'INTERNA TlONAL PLAZA ~ i c:. C u - if,; COSTCO <(' , 5 -. ; I " LAVER'S ~-~ 5 PC -... r---. DURA Y INDUSTRIAL '; PARK G C LAKEVIEW / J ' I APARTMENTS ' C ~C;,'?9 C SOLID WASTE ( _ _ ~ TRANSFER __ ~") , STATION 0 ) ...", ,.') ~ / ',_ THE C F : I, ~ L VININGS MILLER l~ f RaD jJ N PROPOSED ZONING DISTRICT MAP FOR: - L1NTCO AND LEE PROPERTIES REZONING FROM R-l-A (SINGLE FAMILY RESIDENTlAL) TO R'A (MULTIPLE FAMILY RESIDENTIAL) CITY OF DELRAY BEACH, FL r""""1 PLANNING & ZONING DEPARTMENT ~ AREA A (L1NTCO PROPERTY) L.:J AREA B (LEE PROPERTY) __ DIGITAL BASE MAP SYSTEM -- MAP REF LM856 -- -- ~"l . . [ITY DF DELIA' BEA[H CITY ATTORNEY'S OFFICE ~ilf) ,\\ l,tWE'll:' Pr:lR\Y BEe\CH. FLORID:'\. 33-l--l--l- j fei) PH()',E ~(J:!~e+~e;.:l)(i 'I\C~J\IILE :,f,IC78--l-755 DELRAY BEACH Writer's Direct Line: 561/243-7091 f LOR I D " Dad All-America City , , III! DATE: MEMORANDUM July 26, 2005 1993 TO: City Commission 2001 David Harden, City Manager ~ ~...... "' FROM: Brian Shutt, Assistant City Attorney SUBJECT: ReQulations of Portable Generators The attached ordinance provides for regulations governing the use of portable generators. The ordinance provides that portable generators shall not be used within 5 feet of any opening into a building; within garages or enclosed or partially enclosed areas; or on roofs, balconies, ingress/egress areas, stairways or walkways. The ordinance also provides that the portable generator shall be operated in a safe manner and in accordance with all applicable codes and laws. Our office requests that this item be placed on the August 2, 2005 City Commission agenda. Please call if you have any questions. Attachment cc: Janet Whipple, Acting City Clerk Chief Koen, Fire Dept. George Diaz, Chief Building Official \~ f ORDINANCE NO. 64-05 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 95, "EMERGENCY MANAGEMENT", BY ENACTING SECTION 95.16, "PORT ABLE GENERATORS", TO PROVIDE FOR THE REGULATION OF PORTABLE GENERATORS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE. WHEREAS, during times of a natural disaster or other emergency electrical power may be interrupted; and WHEREAS, the placement or use of portable generators may create or cause harm or injury to the owner or other persons in proximity to the portable generator; and WHEREAS, the City wishes to regulate the placement and use of portable generators. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 95, "Emergency Management", Section 95.16, "Portable Generators", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby enacted to read as follows: Sec. 95.16. PORTABLE GENERATORS. (A) The use and operation of a portable auxiliary electrical generator is prohibited within or on the following areas: (1 ) within 5 feet of any opening (includes but is not limited to doors and windows) into a building or structure; (2) within garages, enclosed or partially enclosed areas, or under eaves or other overhangs; (3) on roofs or roof areas, balconies, ingress/egress areas and discharge ways, including but not limited to walkways, stairways and stairwells; (B) The generator shall be operated in a safe manner and in accordance with NFPA 70, the National Electric Code and all other applicable laws, regulations and City ordinances. 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 upon its adoption on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the _ day of ,200_. MAYOR ATTEST: City Clerk First Reading Second Reading 2