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02-24-14 Regular MeetingCity of Delray Beach Regular Commission Meeting Monday, February 24, 2014 Regular Meeting 6:00 p.m. Public Hearings 7:00 p.m. Delray Beach City Hall RULES FOR PUBLIC PARTICIPATION 1. PUBLIC COMMENT: City Commission meetings are business meetings 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, presiding officer or a consensus of the City Commission has discretion to adjust the amount of time allocated. Public comment shall be allowed as follows: A. Comments and Inquiries on Non - Agenda and Agenda Items (excluding public hearing or quasi-judicial hearing items) from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. B. Public Hearings /Quasi - Judicial Hearings: Any citizen is entitled to speak on items under these sections at the time these items are heard by the Commission. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address the Commission should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission. The primary purpose of the sign -in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign -in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. The City will furnish auxiliary aids and services to afford an individual with a disability an opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Contact the City Manager at 243 -7010, 24 hours prior to the event in order for the City to accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers. 100 N.W. 1st Avenue Delray Beach, FL 33444 Phone: (561) 243 -7000 - Fax: (561) 243 -3774 www.mydelraybeach.com REGULAR MEETING AGENDA 1. ROLL CALL 2. INVOCATION 3. PLEDGE OF ALLEGIANCE TO THE FLAG A. NONE 4. APPROVAL OF MINUTES: A. January 21, 2014 - Regular Meeting 5. PRESENTATIONS: A. John Nolen Award - Anthea Gianniotes from The Congress for New Urbanism (Florida Chapter) B. City's 2014 Legislative Priorities - State Legislative Delegation 6. COMMENTS AND INQUIRIES ON AGENDA AND NON - AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PRESENTATIONS: A. City Manager's response to prior public comments and inquiries. B. From the Public. 7. AGENDA APPROVAL 8. CONSENT AGENDA: City Manager Recommends Approval A. ACCEPTANCE OF A RIGHT OF WAY DEED /1010 HIBISCUS LANE: and accept a right -of -way deed with Adam F. Weil for dedication along N.W. 6th Avenue for the property located at 1010 Hibiscus Lane. B. ACCEPTANCE OF A RIGHT- OF-WAY DEED /920 HIBISCUS LANE: Approve and accept a right -of -way deed with Brett R. Kaye for dedication along N.W. 6th Avenue for the property located at 920 Hibiscus Lane. C. ACCEPTANCE OF A RIGHT -OF -WAY DEED /1098 HIBISCUS LANE: Approve and accept a right -of -way deed with Elaine Lewis for dedication along N.W. 6th Avenue for the property located at 1098 Hibiscus Lane (formerly 602 N.W. 11th Street). D. REQUEST FOR A SIDEWALK DEFERRAL /115 N.W. 161H-- STREET: Approve an agreement to defer installing a sidewalk along N.W. 16th Street for the property located at 115 N.W. 16th Street. E. REQUEST FOR A SIDEWALK DEFERRAL /609 PALM TRAIL: Approve an agreement to defer installing a sidewalk along Palm Trail for the property located at 609 Palm Trail. F. RESCIND PURCHASE AWARD /AIR LIQUIDE INDUSTRIAL U.S. LP: Approve a request to rescind a purchase award to Air Liquide Industrial U.S. LP, originally awarded via a Palm Beach County Contract ( #13- 080 /SWC), in the amount of $88,000.00 for the purchase and delivery of Liquid Carbon Dioxide (CO2) for use at the Water Treatment Plant (WTP). G. CHANGE ORDER NO. 1(C.O. NO. 1)/ALL PHASE ROOFING & CONSTRUCTION: Approve Change Order No. 1 (C.O. No. 1) to All Phase Roofing & Construction in the total amount of $29,075.15 for additional scope due to a structural deficiency discovered during construction; and for a contract time extension of nine (9) days for the Beach Beautification Plan Project (Bid #2013 -54). The request is in compliance with Ordinance No. 29 -13, "Acquisition of Goods and Services and Disposal of City Property ", Section 36.06, "Change Orders ", (A) (1) & (3). Funding is available from 117 - 4170 - 572 -68.83 (Recreation Impact Fee FD: Other rovement /Beach Pavilion H. SERVICE AUTHORIZATION NO. 12- 14 /MATHEWS CONSULTING INC. /AREA 12B RECLAIMED WATER SYSTEM: Approve Service Authorization No. 12 -14 with Mathews Consulting Inc. in the amount of $178,176.00 for professional engineering services in the design of Area 12B Reclaimed Water System Project (RFQ #2012 -06). The recommendation for award is in compliance with Ordinance No. 29- 13, Chapter 36, "Acquisition of Goods and Services and Disposal of City Property ", Section 36.02, "Methods of Acquisition ", (C), "Direct Acquisition Method ", (3), "Professional Services ". Funding is available from 441 - 5161 - 536 -68.79 (Water and Sewer Fund: Improvements Other /Reclaim Water, Area 1213). 1. PROFESSIONAL SERVICES VENDOR LIST /NEIGHBORHOOD STABILIZATION PROGRAM (NSP): Approve the list of general contractors in response to the City's RIP #01- 2014NS for Professional Services required to carry out activities under the Neighborhood Stabilization Program (NSP) contingent on the list being approved by the Florida Department of Community Affairs. This is in compliance with Chapter 36 of the City Code of Ordinances, Section 36.02, (A)(2), "Request for Proposals ". Funding is available from 118 - 1935 - 554 -62.12 (Neighborhood Services: Department of Community Affairs- Neighborhood Stabilization Program /Capital Outlay /Acquisition Rehabilitation) and 118- 1934 -554- 62.12 (Neighborhood Services: Community Redevelopment Agency- Neighborhood Stabilization Program /Capital Outlay /Acquisition Rehabilitation). J. AMENDMENT TO THE WORKFORCE HOUSING COVENANT: SP5 WOOD MIDTOWN DELRAY, LLC.: Approve an Amendment to the Workforce Housing Covenant as proposed, between the City, Alta Congress Owner, LLC and SP5 Wood Midtown Delray, LLC., for the project associated with Midtown Delray. K. TEMPORARY USE AND HOLD HARMLESS AGREEMENT /THAB, LLC (d /b /a ADMIRAL WATER TAXI): Approve a Temporary Use and Hold Harmless Agreement between the City and THAB, LLC. (d /b /a Admiral Water Taxi), for the temporary use of dock space to load and unload passengers at Veterans Park from 6:30 p.m. to 9:30 p.m. on Thursday, Friday, and Saturday nights as part of its water taxi service. L. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period January 27, 2014 through February 21, 2014. M. PROCLAMATIONS: 1. Multiple Myeloma Awareness Month — March 2014 2. WellFestTM Delray — March 8 -9, 2014 N. AWARD OF BIDS AND CONTRACTS: 1. Purchase award to Rechtien International Trucks in the amount of $7,305.04 for repairs to the engine of Delray Beach Fire Rescue Ambulance #200865 West Palm Beach, Florida in accordance with Ordinance No. 29 -13, Chapter 36, Section 36.02 (C) (6) (a), "Sole Source and City Standard ". Funding is available from 501 - 3311 - 591 -52.52 (Garage Fund: Operating Supplies /City Garage — Outside Service). 9. REGULAR AGENDA: A. APPEAL OF THE CITY MANAGER'S DECISIONBUDDHA SKY BAR: Consider an appeal from Christopher Licata on behalf of Buddha Sky Bar, of the City Manager's denial of their request to extend their alcohol license premise on March 15, 2014 from 11:00 a.m. until 6:00 p.m. (Quasi- Judicial HeaNin_) B. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD'S (SPRAB) DECISION/ CHASE BANK: Consider an appeal to the Site Plan Review and Appearance Board's (SPRAB) decision of a waiver request to Land Development Regulations (LDR) Section 4.6.7(E)(7), "Design Standards Matrix ", to allow one (1) flat wall sign on the east elevation that faces an interior parking lot for Chase Bank located at 1755 South Federal Highway. (Quasi- Judicial Hearing) C. WAIVER REQUEST AND TEMPORARY USE PERMIT/ DELRAY KIA: Consider a waiver request to Land Development Regulations (LDR) Section 2.4.6(F)(3)(e), "Temporary Parking Lots ", and approve a temporary use permit to allow temporary storage of vehicles by Delray Kia at the former Ralph Buick Dealership located at 2501 South Federal Highway. (Quasi - Judicial Hearing) D. CONDITIONAL USE REQUEST /SOFA DISTRICT OFFICES AND LOFTS: Consider approval of a conditional use request pursuant to Land Development Regulations (LDR) Section 4.4.13(D)(12), "Conditional Uses and Structures Allowed ", to permit a density in excess of 30 dwelling units (67.6 dwelling units per acre proposed) for SOFA District Offices and Lofts located on the east side of S.E. 1st Avenue, south of S.E. 1st Street at 111 S.E. lit Avenue in the Central Business District (CBD). (Quasi- Judicial Hearina) E. PROPOSED CHANGES TO RULES OF PROCEDURE FOR THE CITY COMMISSION: Consider approval of the revised Rules of Procedure for the City Commission to comport with recent ordinance changes. F. SETTLEMENT PROPOSAL IN THE CLAIM OF ESTATE OF BRUCE KOESER: Consider a settlement proposal in the amount of $210,000.00 for unpaid life insurance to the Estate of Bruce Koeser. 10. PUBLIC HEARINGS: A. ORDINANCE NO. 05 -14: Consider an amendment to Chapter 36, "Acquisition of Goods and Services and Disposal of City Property ", of the Code of Ordinances, by amending Section 36.04, "Protest Procedures ", to provide for time requirements for the City's response to bid protests; and amending Section 36.07, "Termination, Extension, and Renewal ", to clarify which contracts may be terminated by the City Manager. (STAFF HAS REQUESTED THE ITEM BE POSTPONED UNTIL THE MARCH 4, 2014 CITY COMMISSION MEETING TO MEET ADVERTISEMENT REQUIREMENTS). B. RESOLUTION NO. 09 -14 /CONTRACT FOR SALE AND PURCHASE: 108 -110 N.W. 121H---AVENUE: Consider approval of Resolution No. 09 -14; a contract for sale and purchase between the City of Delray Beach and the Delray Beach Community Redevelopment Agency (CRA) in the amount of ten dollars ($10.00) for affordable housing purposes for the property located at 108 -110 N.W. 121h- Avenue. 11. FIRST READINGS: A. ORDINANCE NO. 03 -14: Consider a privately- initiated small -scale Future Land Use Map (FLUM) amendment from TRN (Transitional) to MD (Medium Density Residential 5 -12 du /ac) and an associated amendment to the FLUM to identify that the property is included within the Southwest Neighborhood Overlay District a parcel of land located on the south side of S.W. 1St Street, between S.W. 1St Avenue and S.W. 211d Avenue within the Coda Development. If passed, a public hearing will be held on March 4. 2014. B. ORDINANCE NO. 04 -14: Consider a privately- initiated rezoning from RO (Residential Office) District to RM (Medium Density Residential) District for a parcel of land located on the south side of S.W. 1St Street, between S.W. 1St Avenue and S.W. 211d Avenue within the Coda Development. If passed, a public hearing will be held on March 18, 2014. C. ORDINANCE NO. 06 -14: Consider a privately- initiated amendment to the Land Development Regulations (LDR) by amending Article 4.7, "Family /Workforce Housing ", Section 4.7.1, "Definitions ", Subsection (P), "Southwest Neighborhood Overlay District ", to expand the area as shown on the map by repealing the existing map and replacing it with a new one; and by amending Section 4.5.9, "The Southwest Neighborhood Overlay District ", to correct a scrivener's error. If passed, a public hearing will be held on March 18, 2014. 12. COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS: A. City Manager B. City Attorney C. City Commission JANUARY 21, 2014 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Cary Glickstein in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, January 21, 2014. 1. Roll call showed: Present- Commissioner Shelly Petrolia Commissioner Alson Jacquet Commissioner Adam Frankel Commissioner Angeleta E. Gray Mayor Cary Glickstein Absent - None Also present were - Louie Chapman, Jr., City Manager Terrill Pyburn, Interim City Attorney Chevelle D. Nubin, City Clerk Prior to the prayer, Mayor Glickstein observed a moment of silence in memory of former Commissioner Patricia Archer who passed away. 2. The opening prayer was delivered by Chaplain Howard Meridy. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. Mrs. Gray moved to approve the Minutes of the Regular Meeting of January 7, 2014, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes. Said motion passed with a 5 to 0 vote. 5. PRESENTATIONS: 5.A. RESOLUTION NO. 05 -14: Approve Resolution No. 05 -14 recognizing and commending Patricia A. Rashkind for 30 years of dedicated service to the City of Delray Beach. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING PATRICIA A. RASHKIND FOR THIRTY YEARS OF SERVICE TO THE CITY OF DELRAY BEACH. 01/21/14 (The official copy of Resolution No. 05 -14 is on file in the City Clerk's office.) Mayor Glickstein moved to approve Resolution No. 05 -14, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes. Said motion passed with a 5 to 0 vote. Patricia Rashkind came forward to accept the proclamation and gave a few brief comments. Anthony Strianese, Police Chief, came forward and thanked Patricia Rashkind for her thirty years of dedicated service to the City of Delray Beach. At this point, Mayor Glickstein presented the following proclamation by this Commission that was issued after the last regular meeting and although the day has passed he feels it is appropriate to go through this again. S.B. Martin Luther King, Jr. Day — January 20, 2014 Mayor Glickstein read a proclamation into the record hereby proclaiming January 20, 2014 as Martin Luther King, Jr. Day in the City of Delray Beach and urged all citizens to reflect upon the efforts and sacrifices made by Dr. King on behalf of all Americans enjoying in the celebration of his contributions to the struggle for peace and freedom for our nation and throughout the world. At this point, the Commission moved to Comments and Inquiries on Agenda and Non - Agenda Items from the City Manager and the Public Immediately Following Presentations. 6. City Manager's response to prior public comments and inquiries. With regard to a previous concern expressed by Carole Anderson, the City Manager stated the Environmental Services Department (ESD) contacted Jim Smith regarding the S.A.F.E. proposal and they will provide the Commission a more detailed update at a later meeting. The City Manager stated with regard to the food trucks downtown at special events he has agreed to put together a Task Force to build a set of rules to better cover the subject. With regard to Commissioner Gray's concern about loitering at S.W. 5th Avenue (Libby Wesley Park), the City Manager stated on January 2, 2014, the Police Department received a complaint of trespassing and loitering at Libby Wesley Park and since this complaint Community Patrol Officers and Specialty Unit Officers have conducted several extra patrols on foot at the location during all times of the day and 2 01/21/14 night. The City Manager stated several subjects were encountered and some arrests were made. The Police Department will continue to address these issues. With regard to Mrs. Petrolia's concern about the importance of preserving the downtown, the City Manager stated the City is looking into a form -based code. With regard to Mayor Glickstein's concern about additional bid language being included in the Agenda, the City Manager stated this language has been included in the current Agenda and will be followed upon on future agendas. With regard to Mr. Jacquet's suggestion about parking passes for the City Commission, the City Manager stated he would like Commission direction on this. With regard to Mr. Jacquet's concern about the street naming, the City Manager stated he would like direction on this as well. Mayor Glickstein stated the street naming is a discussion item tonight on the regular agenda. Mr. Jacquet stated last time the Commission spoke about the parking passes the City Manager informed the Commission that he was going to get those parking passes for the Commission. The City Manager stated he has not been directed by the entire City Commission to do this. Mayor Glickstein suggested that the Commission discuss this at the end of the meeting during Commission comments and see how the Commission would like to proceed. 6.B. From the Public. 6.B.1. Pauline Moody, 609 S.W. 8th Avenue, Delray Beach, FL 33444, asked about the status of the Waste Management contract. Secondly, Ms. Moody commented about the recognition award she received last December. 6.R3. Gary Ferreri, speaking on behalf of the Police Benevolent Association PBA read a brief statement into the record and urged the Commission to expedite the negotiation process. 6.B.4. Dr. Victor Kirson, D.D.S., 2050 Alta Meadows Lane #2110, Delray Beach, FL 33444 (President of the Board of Directors of Tierra Verde at Delray Beach and Member of the Alliance), echoed comments expressed by Mr. Ferreri. Dr. Kirson stated the City is reportedly up 5% in crime. 6.B.5. Jean Rose Shumann, owner of Naked Hair Salon, 10 S.E. 1St Avenue, Delray Beach, FL 33444, stated during the Delray Affair the street gets blocked off and 01/21/14 they would have a booth located outside on 1st Avenue and Atlantic Avenue where for the past three (3) years they have paid $300 for. Ms. Shumann stated this year she was informed if they wanted to participate they would now have to pay $2,500 for that same location. She stated they do not want to stop any events that go on in downtown but they only wish to continue to be a part of it but stated because they are not able to participate her business is hurt tremendously during that period of time. Ms. Shumann stated as much as they adore the events they still have to remain sustainable as a business of their own and being there helps them to capture some revenue during that 3 -day period of the Delray Affair. 6.11.6. Adam Shumann, stated he has an email from Karen Granger, City of Delray Beach Chamber of Commerce, showing what they paid for the booth in 2011, 2012 and 2013. Mr. Shumann stated every time there is an event downtown their street is blocked and noted their normal customers get ticketed every day on that street and the vendors get to park on their block free. Mr. Shumann stated he feels that for the fee of the booth to increase from $300 to $2,500 in one year is price gouging not inflation. 6.8.7. Major Joe Bernadel, retired Major with the United States Army (22 years) and President/Founder of the Toussaint L'Ouverture Charter High School, stated he supports the street renaming as suggested by Commissioner Jacquet. 7. AGENDA APPROVAL. Mrs. Petrolia requested that Item 8.E., Service Authorization No. 12- 10/Mathews Consulting, Inc./Delray Shores Water Main, Item 8.F., Service Authorization No. 12- 11/Mathews Consulting, Inc. /Tropic Palm Water Main Project, Item 8.G., Service Authorization No. 12 -3 /Calvin, Giordano and Associates, Inc., Item 8.H., Service Authorization No. 12- 04/Wantman Group, Inc., Item 8.J., Revisions to the Commission Rules of Procedure, Item 8.K., FY 2014 Performance Measures for the Tennis Facilities, Lakeview Golf Course and the Municipal Golf Course, Item 8.L., Interlocal Agreement /Palm Beach County Drowning Prevention Coalition (DPC), Item 8.N., Payments to Airgas Carbonic, and Item 8.0., Payments to Sentry Industries be moved to the regular meeting of February 4, 2014. Mayor Glickstein stated staff requests to postpone Item 10.A., Ordinance No. 01 -14 until the Planning and Zoning Board has considered the item. Mrs. Petrolia requested that Item 8.T.3., Purchase Award to Otto Environmental Systems be removed from the Consent Agenda and moved to the Regular Agenda as Item 9.1). Mrs. Gray moved to approve the Agenda as amended, seconded by Mrs. Petrolia. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote. 4 01/21/14 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. HOLD HARMLESS AGREEMENT /SHIELD INVESTMENT GROUP, INC.: Approve a Hold Harmless Agreement with Shield Investment Group, Inc. to install /construct utilities in the State right -of -way for the property located at 440 S.E. 5th Avenue. 8.B. LIMITED ACCESS EASEMENT AGREEMENT/N.E. 9 M STREET: Approve a Limited Access Easement Agreement with Marc and Deborah Matarazzo to allow the front setback to be determined from N.E. 9th Street for the property located at N.E. 9th Street. 8.C. LIMITED ACCESS EASEMENT AGREEMENT /899 N.E. 2ND AVENUE: Approve a Limited Access Easement Agreement with N.E. 9h LLC. to allow the front setback to be determined from N.E. 9th Street for the property located at 899 N.E. 2nd Avenue. 8.D. ACCEPTANCE OF A WATER EASEMENT DEED /TROPIC HARBOR CONDOMINIUM: Approve and accept an exclusive water easement deed for a water main at Tropic Harbor Condominium located at 800 Tropic Isle Drive. 8.E. THIS ITEM HAS BEEN MOVED TO FEBRUARY 4, 2014. 8.F. THIS ITEM HAS BEEN MOVED TO FEBRUARY 4, 2014. 8.G. THIS ITEM HAS BEEN MOVED TO FEBRUARY 4, 2014. 8.11. THIS ITEM HAS BEEN MOVED TO FEBRUARY 4, 2014. 8_I. AMENDMENT NO. 1 TO THE TROLLEY OPERATIONS AGREEMENT /UNIQUE TRANSPORTATION, INC.: Approve Amendment No. 1 to the Trolley Operations Agreement with Unique Transportation, Inc., to modify the scope of services to include exterior cleaning of the trolleys and to change provisions pertaining to the Inspector General and Public Records to comply with the provisions of the Palm Beach County Inspector General's Office. 8.J. THIS ITEM HAS BEEN MOVED TO FEBRUARY 4, 2014. 8.K THIS ITEM HAS BEEN MOVED TO FEBRUARY 4, 2014. 8.L. THIS ITEM HAS BEEN MOVED TO FEBRUARY 4, 2014. 8.M. MEMORANDUM OF LEASE AGREEMENT /OXFORD BUSINESS CORPORATION: Approve a restated Memorandum of Lease Agreement between the City of Delray Beach and Oxford Business Corporation for the Federspiel Parking Garage/Block 77 Parking Space Lease Agreement. 8.N. THIS ITEM HAS BEEN MOVED TO FEBRUARY 4, 2014. 01/21/14 8.0. THIS ITEM HAS BEEN MOVED TO FEBRUARY 4, 2014. 8.P. RESOLUTION NO. 08 -14: Approve Resolution No. 08 -14 and provide authorization to endorse the Mayors' Climate Action Pledge which affirms support for the Southeast Florida Regional Climate Change Compact, agreeing to consider implementing the Regional Climate Action Plan in whole or in part as appropriate, and urges all Mayors of Palm Beach County to support the Mayors' Climate Action Pledge. The caption of Resolution No. 08 -14 is as follows: A PLEDGE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ENDORSING THE MAYORS' CLIMATE ACTION PLEDGE, AFFIRMING SUPPORT FOR THE SOUTHEAST FLORIDA REGIONAL CLIMATE CHANGE COMPACT, AGREEING TO CONSIDER IMPLEMENTING THE REGIONAL CLIMATE ACTION PLAN IN WHOLE OR IN PART AS APPROPRIATE FOR EACH MUNICIPALITY, AND URGING ALL MAYORS OF PALM BEACH COUNTY TO SUPPORT THE MAYORS' CLIMATE ACTION PLEDGE; PROVIDING FOR AN EFFECTIVE DATE. (The official copy of Resolution No. 08 -14 is on file in the City Clerk's office.) 80. LETTER OF INTENT/PARTNERSHIP TO ADVANCE SCHOOL SUCCESS (PASS): Approve a Letter of Intent with the Council for Educational Change to participate in a matching grant opportunity for Carver Middle School to create a Partnership to Advance School Success (PASS). 8.R PROCLAMATIONS: 1. None 8_S. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period January 6, 2014 through January 17, 2014. 8.T. AWARD OF BIDS AND CONTRACTS: 1. Bid award to Man -Con, Inc. (Bid #2014 -14), in the amount of $1,456,545.00 for construction of the Area 12A -Phase 2 Reclaimed Water System project. The recommendation for award is in compliance with Ordinance No. 29 -13, Chapter 36, "Acquisition of Goods and Services and Disposal of City Property ", Section 36.02, "Methods of Acquisition ", (A) "Sealed 6 01/21/14 Competitive Method ". Funding is available from 441- 5161 -536- 68.73 (Water and Sewer Fund: Improvements Other/Reclaim Water, Area 12A), 448 - 5461 -538 -68.67 (Storm Water Utility Fund: Other ImprovementBay Street Pump Station Improvement), 442 - 5178 -536 -63.50 (Water & Sewer Renewal & Replacement Fund: Improvements Other/Water Mains) and 442- 5178 -536 -63.51 (Water & Sewer Renewal & Replacement Fund: Improvements Other /Sewer Mains). 2. Purchase award to Odyssey Manufacturing Company in the amount of $210,600.00 for the purchase and delivery of Sodium Hypochlorite for the Water Treatment Plant (WTP). The recommendation for award is in compliance with Ordinance No. 29 -13, Chapter 36, "Acquisition of Goods and Services and Disposal of City Property ", Section 36.02 (C) "Direct Acquisition Method ", (7)(c) "Utilization of Other Governmental Entities' Contracts ". Funding is available from 441 - 5122 -536 -52.21 (Water and Sewer Fund: Operating Supplies /Chemicals). 3. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.D. 4. Purchase award to CDW- Government in the amount of $271,149.20 per Florida State Contract 250- 0000 -09 -1 for replacement of the Office Management System (OMS) servers and disk storage space for the City's SAN (Storage Area Network) units. This recommendation for award is in compliance with Ordinance No. 29 -13, Chapter 36.02(C) "Direct Acquisition Method ", (8) "Cooperative Acquisitions ". Funding is available from 334 - 6112 - 519 -64 -11 (General Construction Fund: Machinery/Equipment/Computer Equipment). 5. Purchase award to NDM Technologies in the amount of $37,158.08 to replace the core switches with new switches that will support the increased capacity of the fiber optic cabling. The recommendation for award is in compliance with Ordinance No. 29 -13, Chapter 36.02(C) "Direct Acquisition Method ", (11) "Best Interest Acquisitions ". Funding is available from 334- 6111 -519- 62.45(General Construction Fund: Capital Outlay /Data Cabling). 6. Purchase award to CDW- Government in the amount of $78,992.44 for replacement of the current network backup system to a rapid recovery system. The recommendation for award is in compliance with Ordinance No. 29 -13, Chapter 36.02(C) "Direct Acquisition Method ", (11) "Best Interest Acquisitions ". Funding is available from 334 - 6111 -519 -64.11 (General Construction Fund: Machinery Equipment/ Computer Equipment). 7 01/21/14 Mrs. Petrolia moved to approve the Consent Agenda as amended, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion passed with a 5 to 0 vote. 9. REGULAR AGENDA: 9.A. REQUEST FOR SIDEWALK DEFERRAL AGREEMENT /331 N.E. BTAVENUE: Consider a sidewalk deferral agreement with Mitzi Katz to install a sidewalk along N.E. 8th Avenue for the property located at 331 N.E. 8th Avenue. Randal Krej carek, City Engineer, stated staff does not support the deferral is because of the location with this to the Central Business District (CBD). Mr. Krejcarek stated one of the goals in the Comprehensive Plan is to encourage other modes of transportation and to provide safe pedestrian access to the downtown which additional sidewalks would help. He stated north of this location there are two (2) single family structures that are putting sidewalks in. Mr. Krejcarek stated there are other remodelings that are happening in the same neighborhood but they do not cross the threshold that would require them to install a sidewalk at this time. Mitzi Kaitz, 110 N.E. 6th Street, Delray Beach, FL 33444, stated she respects that Delray Beach should be a safer place with better pedestrian walkways but she stated the plan that FDOT has proposed is flawed. Ms. Kaitz stated Engineering is only asking it of new builds. She distributed photographs to the Commission of a new build that just received a CO two months ago (no sidewalk) and two very large rehab houses on 8th Avenue that have no sidewalks. Ms. Kaitz suggested that a plan of beautifying the area with cobblestones or stamped concrete or something that coincides with the small town feel of Palm Trail. Ms. Kaitz urged the Commission to defer this sidewalk until the Engineering Department and the residents of Palm Trail agree on a plan that offers both the safety to the pedestrians and beauty to the homeowners. Mr. Frankel asked why the City does not do a sidewalk for everyone. Mr. Krejcarek stated staff is tying the request to the LDR requirement that if you are doing a new building then you need to put in a sidewalk. Mr. Krejcarek stated the intent of staff is to come back and fill in the gaps later. Mr. Frankel stated having gaps of sidewalks is dangerous. Mr. Krejcarek stated the sidewalk deferral goes with the property and whoever the current owner is at that time the City calls the deferral in is the person required to put the sidewalk in. Mr. Krejcarek stated the City is trying to require that the City put in the sidewalk and not burden a property owner in the future. Mrs. Petrolia asked how many pieces of sidewalk the City currently has on 8th Avenue. Mr. Krejcarek stated the City has three locations that the City is actually putting in the sidewalk and one location that came in four years ago that the City granted the deferral to and staff realized that was not the appropriate thing to do at that time. Mr. Krejcarek stated for the other two locations on N.E. 8th Avenue the City requested the sidewalk and it is being put in now. Mrs. Petrolia asked if there is a time specific date 8 01/21/14 that staff is going to be asking for the deferrals to be coming in as far as what the City has been giving out to have them place the sidewalks in. Mr. Krejcarek stated at this point staff does not have a date. However, Mr. Krejcarek stated for S.W. 14th Avenue the City took a deferral in the early 2000's and the City did a project there two years ago. Mr. Krejcarek stated it depends on the City's Capital Improvement Program (CIP) and what the plans are. Mrs. Gray asked how many sidewalks are put in each year and how much does that actually cost. Mr. Krejcarek stated in addition to the Community Development Block Grant (CDBG) that the City receives every year which varies in amount ($50,000- $90,000); there is an additional $50,000; $25,000 came from the CRA and $25,000 from the City. Mr. Krejcarek stated the cost of filling in the gaps is done a couple of ways: one, with the CDBG Block Grant if it is in the target area; this year there is money from the CRA; and the City crews go out and fill in gaps in certain area (i.e. route to high school; S.W. 4th Street). Mr. Krejcarek confirmed with Commissioner Gray that for all the needs the City has there is not enough money. Mayor Glickstein asked why this sidewalk deferral agreement is different than other sidewalk deferrals that have been approved in the past on the Consent Agenda. Mr. Krejcarek stated they listen to the HOA of the area and noted that the City Commission has approved multiple deferrals in the Tropic Isles area because the HOA has come before the City asking for sidewalks. In his opinion, Mayor Glickstein stated it is onerous on this applicant to now require it without more of a comprehensive policy in place and that would include going back to some of these HOAs to take another look at this. Ms. Kaitz stated there are currently no sidewalks so she would be the first to get sidewalks. In addition, Ms. Kaitz stated she has offered to pay for the sidewalk and put it in the City coffers for a future date. Ms. Katz stated there needs to be a better Master Plan for 8th Avenue keeping it charming, cohesive, and safe. Mayor Glickstein agreed with comments expressed by Ms. Katz. Brief discussion between Commissioner Jacquet and Mr. Krejcarek followed. Mr. Krejcarek explained that the City does not want to take money because the City would be taking today's dollars and if the sidewalk is built five years from now they are building with dollars that are five years old. Also, Mr. Krejcarek stated because of the City's requirements which are much harder so a private developer can put a sidewalk in much cheaper than the City can put it in. Mr. Krejcarek reiterated that whoever owns the property at the time the City decides that the sidewalks go in that particular property owner gets to put them in. Mr. Frankel moved to approve the Request for Sidewalk Deferral Agreement for 331 N.E. 8th Avenue, seconded by Mr. Jacquet. Upon roll call the Commission voted as follows: Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes. Said motion passed with a 5 to 0 vote. 9 01/21/14 9.B. APPEALS OF SITE PLAN REVIEW AND APPEARANCE BOARD'S (SPRAB) ACTIONS /ATLANTIC CROSSING: Consider privately - initiated appeals of the Site Plan Review and Appearance Board (SPRAB) actions on the Class V site for Atlantic Crossing, located on the north side of East Atlantic Avenue, between N.E. 6th Avenue and Veterans Park. (Quasi- Judicial Hearing) Mayor Glickstein read the City of Delray Beach Quasi - Judicial rules into the record for this item. Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Terrill Pyburn, Interim City Attorney, asked each Commissioner individually to disclose their ex parte communications with regard to Atlantic Crossing. Mr. Frankel disclosed that to the best of his knowledge he met with the applicant, the attorneys for the applicant and developers, all communications previously disclosed at prior meetings and to the best of his memory regarding any subject related to Atlantic Crossing /Atlantic Plaza and the like he spoke with Gary Goldfarb, Woodie McDuffie, Tom Carney, his family, Rick Burgess, Gerald Franciosa, Andre Fladell, Brad Winney, communications at a DDA meeting he attended, hundreds of emails listed on the City of Delray Beach server. In addition, Mr. Frankel disclosed that he read Facebook pages (Team Delray and Delray Raw) and a Chamber of Commerce email with their position (some people supporting the project and some against the project); however, he did not communicate or speak to any of those social media outlets. Mrs. Gray disclosed that she had communications with the attorneys, the applicant, representatives from the Beach Property Owners' Association (BPOA), representatives from the Marina District, Palm Trail District, Lake Ida District, has seen Facebook communications (Team Delray and Delray Raw) and emails about the project. Mrs. Gray stated she has not submitted the emails to the City Clerk but they are on the City's server. Mrs. Gray stated the communications were concerns about traffic and the size of the project. Mayor Glickstein disclosed that in addition to attending several public meetings he has received numerous emails all of which are on the City server, attended a meeting with representatives of the Palm Trail Association to discuss the road closure, attended a meeting at City Hall with the Developers' Design Consultants, Planning staff, and the City Manager to discuss the history of project modifications, attended a meeting at City Hall with the appellants, a representative of the Florida Coalition, Planning staff, Engineering staff, and Interim City Attorney to summarize their concerns. In addition, Mayor Glickstein stated he spoke with the Project Agent Mike Covelli and conveyed a summary of that meeting in the company of the Interim City Attorney, and spoke with the Site Plan Review and Appearance Board (SPRAB) Chair Rustem Kupi. Mayor Glickstein stated he did not view any Facebook pages and stated his emails are part of the 10 01/21/14 City's server. Mrs. Petrolia disclosed that she spoke to the attorneys for the applicant Bill Morris, Bob Currie, Mr. Edwards, Anita Goldstein, Kelly Barrette, Chamber email, met with Interim City Attorney last week to discuss some of the issues, Rustem Kupi, Chair of SPRAB, BPOA, and the Marina District. Mrs. Petrolia stated this was not on the City Commission Agenda until more recently and does not believe that this was discussed and disclosed that she received emails that are on the City's server. Mrs. Petrolia stated the nature of the communications that she had with the various groups were some in support and some against the project. Mr. Jacquet stated he has had conversations with the Development Groups and their attorney, Mr. Mack Bernard, Mr. Arlen Dominek, Bonita Goldstein, Bruce Leiner, Rustem Kupi, Chairman of SPRAB, and also had brief conversations with Alice Finst. Mr. Jacquet stated some of the people were for the project and others were against and none of the meetings that he had would have any effect on his vote today. Mayor Glickstein asked for decorum and respect for all speakers regardless of their point of view. Mayor Glickstein stated the Commission received two (2) requests for party status that the Commission must rule on and in order to obtain status as a party the owner of property located within 500 feet of the subject property must make a written request to the City's Planning and Zoning Department 3 or more business days prior to the hearing that satisfies certain criteria. Decisions as to party status shall be made by the Commission at the hearing. Interim City Attorney has advised two parties requesting party status Michelle Amiel and Bruce Leiner each satisfied all LDR requirements and quasi-judicial rules for party status in that the requests were timely filed they satisfy the City's quasi-judicial rules for content and both party addresses have been confirmed to be within 500 feet of the subject property. Mayor Glickstein moved to approve party status for Michelle Amiel and Bruce Leiner, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes. Said motion passed with a 5 to 0 vote. At this point, Mayor Glickstein stated the City has received several requests for extension of time and under the City's quasi-judicial rules the Commission may at their discretion extend the time for presentations. The applicant has requested 15 minutes, the appellants have requested 15 minutes, and Bruce Leiner has requested 15 minutes. Mayor Glickstein moved to approve that all parties requesting additional time be granted the same amount of time that being 15 minutes; party Michelle Amiel will have 10 minutes as she has not requested additional time, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; 11 01/21/14 Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes. Said motion passed with a 5 to 0 vote. Mark McDonnell, AICP, Interim Director of Planning and Zoning, entered the Planning and Zoning Department project file #2013 -196 into the record. Mr. McDonnell stated this item is consideration of private appeals of the Site Plan Review and Appearance Board's ( SPRAB) approval of the Site Plan for the mixed use development known as Atlantic Crossing. The project is located on the north side of Atlantic Avenue (N.E. 6th Avenue/Northbound Federal Highway eastward across 7th Avenue to a western boundary of Veteran's Park. Mr. McDonnell stated also included is a parcel on the north side of 1st Street and the overall property measures 9.22 acres. Mr. McDonnell reviewed the site plan approved on November 20, 2014 by the Site Plan and Appearance Board ( SPRAB) and the project contains 37,642 square feet of retail floor area, 39,434 square feet of restaurant floor area (including 1,443 square feet of outdoor dining area), 83,462 square feet of office floor area, 343 dwelling units, and 1,076 parking spaces primarily in the structured parking. At its meeting of December 18, 2013, SPRAB approved special action on building setbacks with regard to the Downtown Design Guidelines and the Board also gave final approval on the elevations that were east of 7th Avenue because they want those to come back to them. On January 7, 2014, the appeal was scheduled before the City Commission and it was postponed to tonight's meeting due primarily to notice and some people who were caught out -of -town with the snowstorm up north. Mr. McDonnell noted the primary focus of the appeal is directed towards traffic and circulation. He stated there was a TCEA Traffic Study done by Kimley -Horn that was the limitation of the requirement for this project. Mr. McDonnell stated the appellants hired their own traffic engineer and that study is included with the Agenda backup. Staff recommends Commission discretion on the appeals. Mayor Glickstein stated where appellants consist of more than one person as is the case tonight appellants may use or delegate their time allotment within their group or to a third party but the total presentation time remains the same as that of an individual appellant which is 15 minutes. The following appellants gave brief presentations: Mary Whittemore, 905 Bond Way, Delray Beach, FL 33483, provided a letter to the Interim City Attorney and stated she would like to give her time to Susan O'Rourke who the citizens paid to do a traffic study. Susan E. O'Rourke, P.E., Inc., 428 SW Akron Avenue, Ste. 1A Stuart, FL 34994 (previously worked for Kimley -Horn in California and has been in private practice since 1989), gave a brief PowerPoint presentation and stated she represents a group of Delray Beach citizens to help them to better understand the traffic and transportation with respect to the Atlantic Crossing Project. Ms. O'Rourke stated she did 12 01/21/14 not have an issue with what was in the traffic study because she recognizes that this is in a TCEA and there are limitations on what the City asks the applicant to do. She stated people in the community expressed concern that Atlantic Avenue builds up with traffic and typical standard capacities are not sufficient for residential neighborhoods and cannot handle 13,000 cars a day or 1,500/1,600 cars in an hour. Ms. O'Rourke stated they took the impact of the drawbridge and pedestrian crossings and ran a simulation (a "synchro ") to help residents understand the traffic, transportation, and circulation within their community. Arlen D. Dominek, 50 East Road #2G, Delray Beach, FL 33483 (Barr Terrace ), read a brief statement into the record regarding the project and the traffic study. Mr. Dominek referenced the following sections of the LDR support upholding the objectives stated in the appeal of SPRAB's decision. Mr. Dominek urged the Commission to vote "no" to LDR Requirements for Class V Site Plan Approval (Comprehensive Plan -Consistency) of the Board Order and LDR Section 3.3.1(D). Mr. Dominek stated that the City needs to adhere to the policies and objectives in the LDRs before it grants any approval for this project and any additional development project. Benita Goldstein, 302 N.E. 7th Avenue, Delray Beach, FL 33483 (member of the Palm Trail HOA Board), gave a brief PowerPoint presentation and read a brief statement regarding the proposed project and the traffic study into the record and distributed a handout to the Commission. Ms. Goldstein read LDR Section 3.2.3 into the record. Ms. Goldstein feels that the applicant should install a street level entrance and exit connecting Federal Highway to 7th Avenue between Atlantic Avenue and 1st Street in addition to an entry /exit directly into the underground garage. She stated the traffic engineer indicated that the east/west connection will assist in the circulation of traffic relieving volume from Atlantic Avenue and also the valet queue. Ms. Goldstein stated the new road from Federal Highway will drop out approximately 3,000 vehicles per day and 31% of driveway volumes to and from the project resulting in less spillover onto Atlantic Avenue. According to the traffic study, Ms. Goldstein stated Atlantic Avenue will be over capacity by the build out of this project (2017) and is further complicated by a drawbridge which opens twice on the hour for at least 15 minutes. She urged the Commission to vote to modify SPRAB's passing of the Atlantic Crossing site plan knowing the issues of traffic are a real safety concern to the residents the Commission is sworn to protect. Carolyn Patton, 1020 Tamarind Road, Delray Beach, FL 33483 (noted she and Sandy Zeller are speaking), owner of her late mother's house at 65 Palm Square in the Marina Historic District across the street from the proposed Atlantic Crossing development. Ms. Patton stated she lived in the house for 34 years and her parents have been residents since 1946. Ms. Patton read a brief statement into the record and stated she filed an appeal to SPRAB's approval of this project because there was no debate at SPRAB about protecting the historic district which is required by LDR Section 3.2.3. She stated the two blocks south of Atlantic Avenue are already at traffic capacity according to Randal Krejcarek's own study. Ms. Patton stated all additional significant traffic needs to be stopped from entering the district: (1) insist that there is a main 13 01/21/14 entrance /exit from Federal Highway through to 7m Avenue for Atlantic Crossing (diverting 30 -40% of traffic from their neighborhoods, (2) cul -de -sac (hammerhead) on Palm Square south of the entrances to Northern Trust and Deck 84 parking lots, and (3) no through traffic across Atlantic Avenue from or to the development on S.E. 7m Avenue. Ms. Patton stated the traffic calming was required (condition #15) in the conditional use grants of this project and this has to be done prior to the onset of 4 -5 years of construction prior to groundbreaking. Ms. Patton stated the developer offered to build numerous bump -outs and medians to slow traffic in the district but staff vetoed the hammerhead on Palm Square and the no- through traffic on 7m Avenue. Allen S. Zeller, 126 Marine Way, Delray Beach, FL 33483 (stated he has been involved in Land Use Planning and Zoning issues representing numerous municipalities in New Jersey for over 30 years), read a brief statement into the record and stated if the Commission allows this plan as proposed to force thousands of vehicles into the residential neighborhood it will adversely impact the safety, habitability, and stability of the Marina Historic District. Mr. Zeller stated the Kimley -Horn report states that it will be 45,000 new trips per week into this area and Atlantic Crossing has not explained how this traffic will be absorbed and stated they claim they do not have to because it is part of a TCEA area. Mr. Zeller stated if Atlantic Crossing has no legal obligation to address this problem then he urged the Commission to do something before it is approved. He stated they are being submitted in an effort to alleviate the potential failure of this project if they cannot get to and from and in and out of this development. Mr. Zeller stated the appellants request that there be a requirement of full access both ingress and egress to the site, not by a concept that requires people to travel through an underground garage in and out to get to Federal Highway but he feels they should be able to have access above ground. Mr. Zeller urged the City to eliminate the cross traffic across Atlantic Avenue by use of S.E. 7m Avenue, install appropriate traffic calming measures on residential streets, and reduce the potential cut - through traffic including the hammerhead on Palm Square and restrict all construction traffic during the construction of this period. Jack Barrette, 1201 Seaspray Avenue, Delray Beach, FL 33483 (he and his wife Kelly are active in the BPOA), read a brief statement into the record and gave a brief PowerPoint presentation. Mr. Barrette stated many of their neighbors support the appeal and noted that the Commission is hearing and seeing substantial competent evidence. Mr. Barrette stated residents raised their own money so they could pay for a traffic study. He stated there are over 10,612 total daily trips associated with the Atlantic Crossing Project. Mr. Barrette stated the City did not consider other large projects currently approved for construction downtown (i.e. The Strand and iPic) will also contribute to major traffic impact. He stated even without the Atlantic Crossing Project Atlantic Avenue will be over capacity by 2017 which is when Atlantic Crossing is scheduled for completion. Mr. Barrette stated Atlantic Avenue is also a designated evacuation route for the barrier island and bridge openings during peak hours already cause extensive backups and delays and the main entrance to Atlantic Crossing is 650 feet from the drawbridge. Mr. Barrette briefly reviewed traffic and parking solutions and stated that all of the traffic must enter or exit the project from either Atlantic Avenue or 14 01/21/14 from 1st and that the developer re- distributes traffic by adding rear access from Federal Highway to 7m Avenue. Mr. Barrette stated the proposal of the appellants for the vital road was presented to the developer on December 20, 2013 and has so far been ignored by the developer. Instead, Mr. Barrette stated the developer has sent their lawyers to demand that the appellants' appeals be dismissed. Mr. Barrette stated the developer should have reviewed the appellants' traffic study and made the reasonable changes they outlined. Mr. Barrette stated Atlantic Crossing as it stands today will have a profound negative and irreversible impact on the traffic flow on Atlantic Avenue degrading safety and quality of life in the neighborhoods. Mr. Barrette urged the Commission to add a service level road into and out of the project from Federal Highway (improving traffic flow by 30 %). Stanley Price, Attorney with Bilzin Sumber2 (Land Use Law), 1450 Brickell Avenue, 23' Floor, Miami, FL 33131 (representing the applicant), entered the following objections into the record: Mr. Price stated his request to the Interim City Attorney was for the same amount of time afforded the appellants but not less than 15 minutes, (2) Mr. Price stated the course of conduct that that the Interim City Attorney has indicated is different from almost every procedure he is used to practicing and practices throughout the State of Florida and stated he has never heard of cross - examination after a witness leaves a stand and has never heard of an applicant (one who has formulated a project) coming before a Board and if there are 20 appeals the appellants all have 15 minutes and the applicant whose project is being reviewed gets 15 minutes or 10 minutes. Mr. Price stated that is procedural due process that is avoided and the process the City is using does not make any common sense at all. Mr. Price stated he represents the developer of this project and is accompanied by Mr. Jeff Edwards, Principal of the Edwards Company and his co- counsel Henry Handler who will be assisting him. Mr. Price stated a through street will create chaos with the pedestrian movement through this project; a direct right -turn in and a right -turn out off Federal Highway into this project will address major concerns of the residents who live both to the north and south of this project. Mr. Price stated they have agreed to the street calming measures throughout the community. He stated the trips are reduced because of the usage and the mixture of uses on the property. Mr. Price stated December 2012, the City Commission made a specific finding that "this project will not have a significantly detrimental effect upon the stability of the neighborhood within it will be located." Mr. Price stated in the instance of ras judicata the conditional use approval was appealed by several people who are appellants today and was withdrawn voluntarily by these same appellants. Therefore, Mr. Price stated that makes it judicial ras judicata on the issue of traffic concurrency and traffic impact on this area. Mr. Price stated they have agreed that with the inclusion of the driveway on Federal Highway, they agreed to close the road on 7m Avenue and 1st Street, they agreed to traffic calming, and agreed to voluntarily reduce their density from a 2008 project. However, Mr. Price stated they were not afforded an opportunity to review this traffic study which was shared by members of this council. Furthermore, Mr. Price stated Ms. O'Rourke used the incorrect methodology in writing her report and noted that methodology is not accepted by the City Code, the Comprehensive Plan, and by State Statute. 15 01/21/14 Chris Hagen, Traffic Engineer with Kimley -Horn and Associates, 1920 Wekiva Way 200, West Palm Beach, FL 33411, stated their study is within the TCEA and their study followed the requirements of the traffic study within the TCEA boundaries consistent with other projects that the Commission has approved throughout the TCEA. Mr. Hagen stated the City, Palm Beach County, and the Florida Department of Transportation all concurred with findings of their analysis and recommendations on the site. Mr. Hagen stated at the intersection of N.E. 1st Street and US -1 they have agreed to a traffic signal, agreed to traffic calming measures on Palm Square, and performed a traffic calming for the entire Marina District. For the record, Mr. Hagen stated the number of daily trips has been misrepresented by the appellants and clarified that the total number of daily trips is 2,900 in comparison to the development that is there today; the 6,400 would be represented if the site were completely vacant today. Mr. Hagen stated if you take into account the traffic that is already there it is 4,100. Mayor Glickstein stated the following individuals will give party status presentations; Michelle Amiel (10 minutes) and Bruce Leiner (15 minutes): Michelle Amiel, 809 N.E. 1s' Street, #3 -E, Delray Beach, FL 33483 Board member of the Parkview Manors Homeowners' Association), stated her street is a dead -end street from 7h the Intracoastal and Parkview Manors is 500 feet from the proposed development. Ms. Amiel stated she currently has five exit routes to get out of her area and expressed concern over safety. She stated Delray festivals are held at Veterans Park that block off Atlantic Avenue and asked if those festivals are going to be relocated or will they remain where they currently are. Ms. Amiel stated if these festivals remain where they currently are they are in for some difficulties. She asked if the developers have ever attended the holiday parades when Atlantic Avenue is closed off and asked what will happen in those times. Ms. Amiel stated Parkview Manors is requesting that 7th Avenue stay open all the way to 2nd and not close it off at N.E. 1st Street. Ms. Amiel read a brief statement into the record and urged the Commission to come up with solutions. At this point, Mayor Glickstein amended his ex parte communications and stated he met with Mr. Leiner at City Hall regarding the project. Mayor Glickstein stated what is required for party status he directed Mr. Leiner to the City Attorney's office in that regard. Bruce Leiner, 825 N.E. 1s' Street #B, Delray Beach, FL 33483, stated this is a "de novo" procedure and new information is relevant and this is not just about traffic. Mr. Leiner conducted a brief PowerPoint presentation and stated there are eight (8) full accesses in and out and over 270 feet of the 600 that are actually curb cut and approved by FDOT currently. He stated at the SPRAB meeting there were thirteen (8 on US -1 and 5 on Atlantic) major in and out access points. He stated prior to this request the developer had never officially asked for an in and out nor have they asked for multiples. With regard to the grid system, Mr. Leiner stated the streets and the alleys of downtown are critical and the grid is the lifeblood. Mr. Leiner briefly reviewed the Mizner Park site plan which is just under 30 acres and pointed out that this is a good example of a good 16 01/21/14 grid to the central core of the development. He stated the developer has been very forthcoming in wanting to make this a good project but they disagree on the surface road. Mr. Leiner stated driving into an underground garage does not allow you full access in the grid and once there is a precedent set with closing these grids he believes there will be big problems. Mr. Leiner stated because there are only two access points because trucks cannot go into the underground garage. He stated most big trucks cannot turn on a right - hand turn from one lane to another. Mr. Leiner stated every scenario shows either encroachment into the lane to the left and then encroachment into the two lanes coming in or encroachment going into the main project. He stated every time someone turns into this development there is a conflict point with any vehicles in the roadway. Mayor Glickstein declared the public comment open and noted the public comment is limited to three (3) minutes per person; six (6) minutes if the person represents six (6) or more persons in attendance at the meeting who have yielded their time to the representative speaker. Jill Schifferly, 321 Palm Trail, Delray Beach, FL (President of the Palm Trail Homeowners' Association), stated Palm Trail encompasses over 110 single family homes and multi - family building's owner occupied and rentals. Ms. Schifferly stated this is a neighborhood populated by all ages; long -term residents as well as new neighbors who are attracted by its unique lifestyle. Ms. Schifferly stated the concern of the neighborhood is the size and impact of the Atlantic Crossing project have spurred them to request the closure of N.E. 7' Avenue and N.E. 1st Street which was approved as a condition when the project was approved in December 2012 and the developer has always supported the closure of N.E. 7th Avenue. She stated without mitigation of traffic issues the pedestrian friendly /bicycle friendly nature of the neighborhood is threatened. Ms. Schifferly stated a temporary closure is not a solution to these concerns. She stated at a recent lecture by Mr. Andres Duany one key recommendation was to provide walkability in the urban core and surrounding neighborhoods to maintain a vibrant and healthy city. Neal Bellinger, 1060 Homewood Boulevard, Delray Beach, FL 33445, stated he has attended almost every meeting regarding this project and noted there is a fire station 500 feet from the bridge that can take care of all the emergencies that the city has. Mr. Bellinger stated he moved from 4th Street because of all the traffic that uses this street as a cut - through street and feels if the entrance to 7th Avenue is blocked off at 1st Street that would eliminate not only the Marina District problem but also the problem of people cutting through from George Bush Boulevard to 1st Avenue. He entered a letter into the record from Lieutenant Colonel Rodriguez, Army Veteran who runs the 7ROTC Program of Delray Beach. Ed and Cheryl McCall, 36 Palm Square, Delray Beach, FL 33445, stated it appears that everyone agrees what needs to be done and it is in the City's hands to take this forward and get this done. 17 01/21/14 Jane Rankin, One East Broward Boulevard, Suite #1600, For Lauderdale, FL 33301 (represents Burt Handleman and his companies), entered a letter into the record from Mr. Handleman. Fran Marincola, 1138 S. Vista Del Mar, Delray Beach, FL 33483, briefly discussed the project and stated the Commission has to go by the law. Lee Harrison, owner of Blue Anchor (British Pub) directly opposite this new development, thanked the Commission and the Planners who spent so much time improving and refining this development to the plans. Mr. Harrison stated this is a beautiful development and feels it will be the jewel of Delray Beach. Dr. Josh Smith, 3616 Avenue De Gien, Delray Beach, FL 33445, stated this project will have an impact on more than just the surrounding areas. Dr. Smith briefly spoke about unemployment and stated they will not prevent high levels of unemployment of citizens living in the highest unemployment areas of the city unless large scale developers are placed in a position and given the opportunity to significantly reduce unemployment. He stated extremely high unemployment concerns would trump traffic concerns. Dr. Smith urged the Commission to approve the project enhancing the possibility of the provision of jobs to the most economically challenged citizens in the city. In addition, Dr. Smith feels the project will increase attractiveness and produce a significant increase in the City's tax base. Joe Silk, 1118 N.W. 5th Avenue, Delray Beach, FL 33444, supports the project and feels this will be a huge benefit to the people who live in city. Mr. Silk stated the developer has been very sensitive to the needs of everyone's concerns. Joseph Sanches. Executive Director of Dwight Stephenson Construction, of 401 W. Atlantic Avenue, Delray Beach, FL 33444, stated they are committed to work with local firms to make sure they have opportunities for a contract on this project and making sure that local Delray Beach residents have an opportunity for employment. Mr. Sanches urged the Commission to support this project. Dinah Stephenson, 4785 Tree Fern Drive, Delray Beach, FL 33445 (wife of Dwight Stephenson), urged the Commission to approve this project for their company and other local companies and residents of Delray Beach. Dwayne Randolph, 1191 N. Federal Highway, Delray Beach, FL (co- owner of Randolph and Dewdney Construction and born and raised in Delray Beach ), supports the Atlantic Crossing Project because of the diverse mix of uses that it is going to bring to the downtown and it will help strengthen Delray's tax base. Mr. Randolph stated in addition to its 600 permanent jobs that this project would also create in excess of 1,000 construction jobs local firms would have the opportunity to provide services for. Mr. Randolph stated he fully supports the Atlantic Crossing Project. Tina Hutchinson, owner of J &J Seafood on East Atlantic Avenue 18 01/21/14 (across from the proposed project), supports the Atlantic Crossing Project and stated it will bring growth to the community and the developer has been working with the communities to help with the traffic solutions. Brad Winney, 1515 North Swinton Avenue, Delray Beach, FL 33444 (lived in Delray Beach since 2002), stated he has had the pleasure of living in the Los Angeles area, the Marina District in San Francisco, and Manhattan. Mr. Winney stated hopefully the city can have a great project that brings jobs into the community without sacrificing the livelihood and the style of the community. Gary Goldfarb, 502 -506 East Atlantic Avenue, Delray Beach, FL 33483, stated this project has been scrutinized for approximately seven (7) years and urged the Commission to support it. Peter Humanik, 704 N.E. 5`° Street, Delray Beach, FL 33483, stated the developer has agreed to do many things to alleviate traffic by closing 7t Avenue (north) and has done many things to help the people who live in the Marina District. Mr. Humanik stated City staff is saying that 7th Avenue should be closed temporarily and feels the entire traffic issue should be addressed. Serena Cummings, 4892 Palmview Circle, Delray Beach, FL 33445, supports developing the area but expressed concern over what the impact will be on Veterans Park and the traffic flow. Joann Peart, 107 N.W. 9th Street, Delray Beach, FL 33444 (speaking on behalf of the Delray Beach Preservation Trust), urged the Commission to protect those neighborhoods, traffic patterns, and residents who have been living downtown for years and already support downtown. Mrs. Peart suggested that there be a cul -de -sac on 7th and Palm Square could help raise the property values and help those neighborhoods greatly. Bob Currie, 72 South Ocean Boulevard, Delray Beach, FL 33483, stated he came to Delray Beach 45 years ago and the downtown was in bad shape. Mr. Currie stated the developers have done an extraordinary job with this project. Mr. Currie stated this is the heart of the downtown and he urged the Commission to support it. Andv Katz. 220 South Ocean Boulevard. Delrav Beach. FL 33483. expressed concerns with the design of this project. Mr. Katz thanked the developer for addressing some of the BPOA's concerns; however, the issue that still remains unresolved is entry and exit points for the project. Mr. Katz stated the BPOA and others have consistently requested full use of Federal Highway. Mr. Katz stated this project as planned is not located within a full grid system of streets. He stated having as many options as possible to the west is very critical (i.e. Federal Highway). Mr. Katz urged the Commission to not forget the street grid limitations that are present at this location at Atlantic Avenue and the Intracoastal. 19 01/21/14 Gary Shusas, 120 South Ocean Boulevard #1 -E, Delray Beach, FL 33483 (resident of Delray Beach since 2002), stated he would like to see a manageable project in this location and feels that everyone wants to see jobs particularly in the minority community. Mr. Shusas stated Mizner Park works because there are four (4) exits off Federal Highway and urged the Commission to be considerate of the traffic. Justena Boughton, 525 East Atlantic Avenue, Delray Beach, FL 33483 (owner /operator of The Colony Hotel and resident since 1935), urged the developer to build what he wants between Federal Highway and 7h and give from 7th Avenue to the Intracoastal to the City for a beautiful park. Ryan Boylston, 135 East Atlantic Avenue, Delray Beach, FL 33483 (Del -Ida resident, owner of two businesses downtown, and member of the DDA and Pineapple Grove Board), stated Delray Beach is a thriving min -metro town and stated with regard to traffic and parking it will get worse because that comes with it. Mr. Boylston stated downtowns are supposed to be built around people not built around cars. He briefly discussed the density and the mixed use of the project. Mr. Boylston urged the Commission to not let the personal preference of some members of the community or a traffic study that was in an area that does not require a traffic study to stop this tonight and urged the Commission to move forward with this project. Joan McGrath, 86 MacFarlane Drive, Delray Beach, FL 33483, loves the project but feels people need to be mindful of parking for people who use the park for exercise, children, etc. She urged the Commission to be mindful of trying to do the entrances and exits on Federal Highway and noted that most of the time she has to go the bypass to get out of the city. Ms. McGrath referenced an article in the Sun - Sentinel dated January 18, 2014 entitled Delray gets advice on importance of preparing for storms and floods. She stated there were comments made regarding Mizner Park and noted all of the parking is above ground. Ms. McGrath stated with the proposed parking underground with this project next to the Intracoastal and the potential floodingwith the next hurricane we have. Ms. McGrath stated the article states the "sea -level projections will rise by 3 -7 inches by 2030 and 9 -24 inches by 2060 for Delray that means the ground level site where the Atlantic Crossing project is could be under water within 50 years." Dr. Victor Kirson, D.D.S., 2050 Alta Meadows Lane #2110, Delray Beach, FL 33444 (President of the Board of Directors of Tierra Verde at Delray Beach and Member of the Alliance), stated he has followed this project from the first meeting until now and has been obtaining 350 signatures all over the city and very few of them mind the project. Dr. Kirson stated if 4 -6 Police officers can protect the surrounding communities and the CRA can pay for it and he urged the Commission to get started with this project. Bill Plum, 2310 S.W. 23''d Cranbrook Drive, Boynton Beach, FL 33436, stated during his career he was in the real estate business and had the opportunity to build a building (101 S.E. 6th Avenue) which he operated for approximately 36 years and also commented about the bank building on Linton Boulevard. Mr. Plum stated he 20 01/21/14 wanted to be part of the growth in Delray Beach and noted he was one of the founders of the Delray Beach Drug Abuse Foundation which is in operation on Swinton Avenue in Delray Beach. Zack ? (last name unknown), 32 S.E. 2 "d Avenue, Delray Beach, FL 33444 (resident for 2 years), stated this project will bring economic prosperity, jobs, more tourism. He stated one thing that has been very consistent is the developer's commitment to the residents and how they have continued to evolve the project and meet the needs of the community. In addition, he feels this project fits into the goals of 2017 and urged the Commission to approve it. Margery Johnson, 46 Marine Way, Delray Beach, FL 33483 (resident for 22 years), stated this project needs a full ingress /egress not into an underground parking garage. Ms. Johnson stated her dining room floods every time the tide comes up and noted the developer has to dedicate the full street from Federal Highway not going underground because the garage will be flooded. Ms. Johnson stated the ingress /egress should be from Federal Highway not into a garage and most projects of this size have to have dedicated green space but there is none in this project. James Quillian, 925 S.E. 2"d Avenue, Delray Beach, FL 33483 (Osceola Park), expressed concern over the traffic and how it affects the quality of the neighborhood. Mr. Quillian stated this is a major thoroughfare and traffic will be an issue and noted some residents are fearful that if there are problems with the project it will take a long time to resolve and who will be responsible in the end. Kevin Homer. 125 S.W. 12th Avenue. Delrav Beach. FL 33483. commented about an article in the Sun - Sentinel yesterday and stated there are two sides to this challenge all based around traffic. Mr. Homer compared this to Obama Care and stated it seems that there are kinks that need to be worked out such as traffic, safety, and liability before this project is approved. He urged the Commission to support this project but only after addressing these issues. Vin Nolan. Economic Development Director for the Citv of Delrav Beach, encouraged the Commission to support this project and stated he has to represent on behalf of the Commission the ability to know that if a decision is made that it is not subsequently undone. Mr. Nolan urged the Commission to reflect on that particular aspect with respect to their decision making process as it represents future growth and development in Delray Beach. Charles Dortch, 112 S.E. 7th Avenue #2, Delray Beach, FL 33483, emphasized that predictability is important only if it is correct. The Interim City Attorney and Mayor Glickstein informed Mr. Dortch that he is an appellant and should not be speaking at this time. 21 01/21/14 Torrey Everett, 50 East Road #3A, Delray Beach, FL 33483, commented about predictability and stated the Commission has the opportunity to change their minds about a decision that was made in the past. Mr. Everett stated if the Commission does not do this and it turns out the residents in the area are correct about the traffic problems there will be no way to fix it. There being no one else from the public who wished to address the Commission regarding this item, the public hearing was closed. At this point, Mayor Glickstein stated the following individuals will give cross - examination which is limited to two (2) minutes per witness and cross - examination will follow the same order as the presentations which will bestaff followed by appellants, applicant, and those granted party status. Mr. McDonnell stated staff has no cross - examination. The following appellants gave brief cross - examinations: Mr. Zeller stated one of the primary issues was that the applicant's attorney was willing to do all of the remedial actions and take on these remedial steps and feels cross - examination is appropriate for whomever it was that decided that they would not take these remedial steps such as a permanent closure of Palm Trail, putting in the hammerhead on Palm Square and other traffic calming devices that the applicant, their attorney, and their engineers said that they were willing to do. Mr. Zeller stated he would like to know whose decision it was and went into it and he would like to explore that as to the credibility or viability of it. Mayor Glickstein emphasized the Commission will adhere to the rules and explained that Mr. Zeller's two minutes is up but he has the opportunity to bring up his concern up during rebuttal. Mr. Dominek stated he had no cross - examination. Mr. and Mrs. Barrette stated they had no cross - examination. Ms. Whittemore stated she had no cross - examination. Mr. and Mrs. Goldstein stated they had no cross - examination. Mr. Price (Attorney representing the Applicant) asked for clarification that if he has a series of questions and the response take two (2) minutes then his series of questions is over. Mayor Glickstein stated Mr. Price is correct. For the record, Mr. Price stated he objects to the procedures and feels it is a denial of due process that he is not afforded the right to properly cross - examine witnesses who have testified in front of the City Commission. 22 01/21/14 Mayor Glickstein stated for party status there are Mrs. Amiel and Mr. Leiner and asked them if they wish to give any cross - examination: Bruce Leiner stated if the project is approved with just the underground and no street level access this entire project is dependent upon this one street in and out. Mr. Leiner stated the project by the developer's study is going to have 4 million cars per year. He asked what the fix is if the street north is closed and the cars cannot get out by making a left hand turn. After brief discussion between the Interim City Attorney and the Commission, Mayor Glickstein stated it is important that the Commission stays within the City's rules and the rules have not changed relative to cross - examination from when the project application was submitted or any time thereafter so everybody is operating on the same rule. Mayor Glickstein stated the Commission can adjust for the procedural explanations before the time starts but then after that they are limited to the two (2) minutes. It was the consensus of the Commission to adjust for the procedural explanations before the time starts but then after that persons speaking are limited to the two (2) minutes. examination. At this point, Mayor Glickstein asked staff if they have any cross- Mr. McDonnell stated staff has no cross - examination. The following Appellants gave the following cross - examination: Mr. Zeller asked questions of Mr. McDonnell. Mr. Price asked questions of staff. Mr. Leiner asked three questions and clarified the first question is for staff and his second and third question are for the applicant. At this point, Mayor Glickstein stated at this time the City will allow for rebuttal which is limited to two (2) minutes for each party and the same order of the presentations which will be staff, the appellants, the applicant, and those granted party status. Mr. McDonnell stated he had no rebuttal. Ms. Whittemore stated she had no rebuttal. Ms. O'Rourke gave a brief rebuttal. Mr. Dominek stated he had no rebuttal. 23 01/21/14 Jordan and Benita Goldstein stated they had no rebuttal. Mayor Glickstein asked Mr. Dortch, Ms. Patton, Mr. Smith and Ms. Willis and Mr. Zeller if they had any rebuttal. Mr. Zeller gave a brief rebuttal. At this point, it was the consensus of the Commission to allow discussion with staff now and get answers from the cross - examination and then have the rebuttals. Mayor Glickstein asked questions of staff relative to Mr. Zeller's questions. Mr. Zeller asked if there was a traffic study done by staff. Mayor Glickstein asked if there has ever been a TCEA re- evaluation at any time. Mr. Donnell stated this was done five (5) years ago and due to update this year. Mayor Glickstein stated there was a question whether the 2012 project different and that is a staff question combined with a legal question concerning res judicata. Mayor Glickstein stated this Commission has not addressed the site plan; it has only addressed conditional use for height and density. For the record, the Interim City Attorney stated the conditional use was approved by the City Commission in 2012; there is a prior site plan approval for this project approved in 2009 and she clarified for the public that this is not what staff is referring to. Mr. McDonnell stated the conditional use is for the same project but just dealt with height and density not with the site plan. Mayor Glickstein stated the applicant has agreed to all the conditions in the SPRAB approval and the applicant is questioning why staff is not supporting certain conditions that were approved by SPRAB; which ones are they and why is staff not supporting them. Mr. McDonnell stated the one issue staff has is the permanent closure of N.E. 7m Avenue and the City wanted to do this on a trial basis as like other street closures. Randal Krejcarek, Director of Environmental Services, stated the only thing that staff does not support is the closure of N.E. 7m Avenue (traffic diversion) at 1st Street; staff supports the traffic calming measures on Palm Square (Marina District) not closure. Mr. Krejcarek stated this means staff works with the neighborhood to come up with a calming measure. Mayor Glickstein stated he had heard the term "hammerhead" and asked if that was part of any SPRAB approval. Mr. Krejcarek stated Palm Square had to do with traffic calming. Mayor Glickstein commented about condition #5. Mr. Krejcarek stated the applicant has come up with several designs to try and see if a hammerhead would fit at the location that the appellant wanted it to be. However, Mr. Krejcarek stated it does not work because they cannot get the delivery trucks in for the restaurants that have a delivery coming off Palm Square into Deck 84 restaurant and there is no right -of -way. Mr. Krejcarek stated if a hammerhead is put here it would be closing the driveway of the 24 01/21/14 first resident south of the Deck 84 parking lot. Mr. Krejcarek stated staff also suggested other traffic calming measures that would work and accomplish the same thing without actually closing and diverting traffic. Mayor Glickstein asked the questions that the applicants have of staff. Mr. Krej carek stated the Kimley -Horn traffic study did conform to the TCEA study but everything else beyond that is not required so it is not pertinent to the TCEA area. Mr. Krej carek stated certain requirements that have to be performed have to be provided in a statement if you are in the TCEA area and the Kimley -Horn study provided that and the O'Rourke traffic study confirmed that. Mr. Krej carek stated the study does not change staff s position on whether they support or do not support the proj ect. Mayor Glickstein stated with regard to Mr. Leiner's question that if Federal Highway is blocked forever with these plans there is one way in and one way out what do we do if it does not work and is there a backup plan. Mr. Krej carek stated the intersection of Atlantic Avenue and N.E. 7th Avenue will work and the intersection of N.E. 1st Street and N.E. 7th Avenue there could be a potential issue because of the closure of 7th. Mr. Krej carek recommends that if there is an issue there the City needs to consider looking at opening it up and utilizing the grid system. The Interim City Attorney stated Mr. Leiner expressed a concern with the existing garage and its limited access to the public; 178 spaces that are reserved for residential and asked how the public would then have access to that garage. Don DeVere 495 S. High Street Ste. #150, Edwards Atlantic Avenue, LLC, Columbus, Ohio 43215, stated the number of reserved spaces in the garage is dictated by City code (one space be reserved per residential unit). He hopes there is flexibility to that because they are required to unbundle their parking so that residents that do not want a parking space are not forced to pay for it and those spaces can be put back into circulation. Interim City Attorney stated the second part of the question is what if the valet backs up. Rudy Tourvell, 495 S. High Street Ste. #150, Edwards Atlantic Avenue, LLC, Columbus, Ohio 43215 (Consultant for the Developer; 22 years valet and parking experience), stated as an alternate valet stand in the west garage they have created a valet staging area near the elevator core in the staircase which provides a staging area for approximately six (6) vehicles with only taking up two (2) parking spaces currently. Mr. Tourvell stated this will allow people to come into the west garage and valet park there creating a total of 24 cars in the staging area. Mr. Tourvell stated the benefit of the plan is that they will be able to make the cars off the rotary, it is easily accessible to the north and the west, close to the elevator banks and the staircases, easily accessible to the establishments up above, and the cars will be able to exit onto Federal Highway from the garage. 25 01/21/14 Mayor Glickstein stated this concludes all cross - examinations and now the following rebuttals will be heard: Mr. McDonnell stated he had no rebuttal. Ms. Whittemore stated she had no rebuttal. Ms. O'Rourke stated if the fallback plan is to route the traffic out onto 7th Avenue to the north they do not see that as an acceptable fallback plan. She stated the west garage has limited efficiency related to the entire plan because of its limited access through multi -users on the site. Mr. Dominek stated he had no rebuttal. Mr. Jordan and Benita Goldstein stated they had no rebuttal. Mr. Zeller stated Policy C -3.5 states that "The City should monitor the development in the TCEA annually to assess the land use mix." Mr. Zeller stated Mr. McDonnell indicated that has not been done in five (5) years and stated that is a problem. Mr. Zeller stated they raised in their appeal that there be a limit for cross - traffic on 7th across Atlantic Avenue onto S.E. 7th to and from and noted it should be done. Mr. Zeller stated with regard to the truck traffic not being able to turn around on Palm Square, he stated the truck traffic is not supposed to go down Palm Square (can go into the parking for Northern Trust and Deck 84) to S.E. 1st or beyond on any other streets because there is already signage for that. Mr. Zeller stated the condition proposed by SPRAB says it may include a cul -de -sac beginning at the intersection with Atlantic Avenue and it needs to be considered because that is a traffic calming device that has been suggested that has been continually agreed to by the applicant. Mr. Barrette stated the idea that City staff has not reviewed the report that the appellants submitted as something that was irrelevant because this is TCEA area. Mr. Barrette stated that is an obligation that is relieved of the developer; and the developer is allowed to do a minimal study of only a certain type that Kimley -Horn did and although they agree with the study it is an incomplete study. Mr. Barrette stated that does not relieve the City of that obligation and he noted that the City should have done a study and consequently the appellants paid for their own study to be done. Mr. Price entered a letter from FDOT indicating the approval of right -turn in right -turn out from US -1 and the procedures given to him per Interim City Attorney as to governing of this hearing. Mr. Price stated in order for someone who goes through a conditional use process there is a requirement that you cannot get to SPRAB unless the site plan that is being submitted to SPRAB is in substantial conformity to the Master Plan that was given as part of the conditional use. He feels that comparing this to 2008/2009 approval is inappropriate and the res judicata applies to the December 2012 matter. Ms. Amiel stated she had no rebuttal. 26 01/21/14 Mr. Leiner stated staff has been involved in this process for 8 -10 years and feels staff has done a remarkable job. Secondly, Mr. Leiner stated the developer has done an outstanding job of trying to cooperate and meet everyone's needs. He stated the only disagreement currently is whether the City should have a surface road to complete the grid. Mr. Leiner stated it is possible that the in and out underground garage will actually solve the problems of this project. However, Mr. Leiner expressed concern that if it does work at the turn they will have to open the road on 7th. He stated there are two or three other methods they proposed that could help solve the problem and soften the Palm Trail problem. Mr. Leiner stated the key is being able to access 300 or more spaces in that lot because of the shared parking arrangement if there is only access to 150 it is not going to function the way the City needs it to in order to make it work; none of the cars coming off Federal Highway can get to the center core or to valet and there is no inter - connectivity. Mr. Leiner stated this decision is forever and feels the City really needs this proj ect. At this point, Mayor Glickstein stated this concludes all rebuttals. Mayor Glickstein read his credentials into the record and stated while mixed use projects are a great fit for urban areas such as downtown Delray they come with many problems associated with a small city such as traffic, noise, crime, garbage, loading, unloading, deliveries, parking, and the competing agendas among different users; businesses wanting bustling activity at all hours and residents wanting some semblance of quiet. Mayor Glickstein stated the larger the project the more intense the focus should be on internal logistics and external impacts. He continued to read a brief statement into the record and stated he commends the developers for making adjustments to the project plans he feels they have done a great job with integrating a portfolio of uses. Mayor Glickstein commented on an aerial photo depicting the existing property where there are 13 different entry and exit points; eight of which are on Federal Highway alone for a combined intensity that is a fraction of what is proposed. Mayor Glickstein stated the combination of the substantial competent evidence presented by the appellants including their traffic expert and from his own experience does not allow him to support the plan in its current form. He stated there are two primary entry /exit points both directed at these adjacent neighborhoods for a project geometrically larger and intense than the existing development. Mayor Glickstein stated Mizner Park is a great example of a large mixed -use project in a downtown environment that has similar demographics. He stated although Mizner Park is much larger than this project the development intensity is not; 530,000 total square feet at Atlantic Crossing compares to 503,000 square feet of commercial space at Mizner Park (does not include 270 dwelling units at Mizner). However, Mayor Glickstein stated there are 13 access and exit points and the adjacent neighborhood impacts were minimized by an integrated grid. He stated if traffic backed up in any one place there were multiple other options to utilize and it is not the case with Atlantic Crossing. Mayor Glickstein stated the entrance off US -1 combined with a secondary access of N.E. 7th Avenue would alleviate a large amount of traffic into adjacent neighborhoods and also provide ample options for this chaotic confluence of traffic and vehicles to work. He does not feel this is the case with the current proposal and does not understand the reluctance of the development team to incorporate that 27 01/21/14 access from Federal Highway. He stated the Commission saw a transact of Atlantic Avenue last week which showed with the exception of the ocean the Intracoastal basin and adjacent property to the west is the lowest elevation in the city. Mayor Glickstein stated based on the substantial competent evidence represented by the appellants including the traffic expert and his own experience does not allow him to support the plan in its current form. For the record, Mayor Glickstein cited LDR Section 3.2.3(D) in determining the modification to traffic circulation proposed by the current site plan would be detrimental to the neighborhoods north, south, east of the subject property and may result in the degradation of those neighborhoods which comprise approximately 30% of the taxable property value in the city. Mayor Glickstein also cited LDR Sections 3.2.3(H) and 3.2.3(I) in his vote to deny approval of the site plan based on how traffic volumes and circulation patterns both within the proposed site plan and the negative impacts on adjacent areas may result in negative impacts to the safety, habitability, and stability of the adjacent residential neighborhoods. Mayor Glickstein stated he is pro - development, however, he stated as Mayor his concerns are deeper than construction jobs that will come and go and the long -term effects of a site plan that he sees as deeply flawed. Mrs. Petrolia stated change is needed on this site and agrees that the developer has been completely amenable to so many of the requests that have been made. She does not feel that the City can make a mistake on this and feels this is an important decision that will affect the city forever. Mrs. Petrolia expressed concern over safety and getting EMS /fire trucks to areas where people are living and playing with one access point. She also expressed concern over the traffic flow and although there are two ways in and out if something happens to one of those areas there will be issues. Mrs. Petrolia stated the main flow of traffic is Federal Highway not Atlantic Avenue. She stated it is troubling to her that there would be no access road on that center portion. Mrs. Petrolia stated the grid system (on the inside) has been eliminated and the city is relying on the neighboring communities to use their grid system for this to function as it is and feels this is not acceptable. Mrs. Petrolia concurred with comments expressed by Mayor Glickstein with respect to LDR Section 3.2.3(D), 3.2.3(H) and 3.2.3(I). Mrs. Petrolia stated the strong points in supporting the project are the jobs and the fact that this would be a great location to redevelop but it does not outweigh doing something that the Commission cannot go backwards on. She stated this project can still be done without eliminating the jobs and the development with tweaking. Mrs. Petrolia stated The Strand project did not change a grid and nor did Sofa #1 and #2; this project is changing the City's grid and the City is asking for the north, south, and the east community and everything around it to adjust for the changing of that one piece of property. Mrs. Petrolia stated the surface road is the heart of this city and is also the heart of this project. She believes this can be done if we bring in the east to west road to alleviate this traffic and it should have not been eliminated when they were originally discussed because the flow of the traffic is on Federal Highway. Mr. Jacquet stated in 2012 he saw this project and at that time it was a conditional use for the density and height and he opposed it because at that time he felt the size and the density was not appropriate at that time. Mr. Jacquet stated res judicata 28 01/21/14 (meaning that's done) and noted that was the decision the Commission made at that time and stated he voted against it. Mr. Jacquet stated he has talked to people on both sides of the issue and noted the concern mostly is traffic, site movability and can people flow through the grid. Mr. Jacquet stated N.E. 7m Avenue is being closed in response to protect the neighborhoods and the City is saying that we need to create an entrance on Federal Highway to maintain the grid. He stated the grid is there and City is choosing to close it because the neighbors asked for it to be closed. Mr. Jacquet stated with respect to the valet there are concerns about movability, getting around the site, and whether the parking backs up into Atlantic Avenue. He stated the second valet queue is an attempt to help distribute some of that and the ingress /egress on Federal Highway is an attempt to alleviate some of that. Mr. Jacquet stated this is the largest project in the city and it is an opportunity to create jobs and bring something that everyone can be proud of on that site. Mr. Jacquet stated he was not in support of the height and density; he feels the developer has worked a lot with the communities and the neighbors have worked a lot and paid for their own traffic study. Mr. Jacquet stated he supports this project moving forward. Mr. Frankel moved to continue the meeting past 11:00 p.m., seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote. Mr. Frankel stated he appreciates everyone coming out this evening. Mr. Frankel stated many of the comments made tonight he cannot consider because this is on an appeal of a decision made by SPRAB that previously approved certain things. He stated there are three (3) elements that the Commission has to consider in making their decision which has been provided by the Interim City Attorney. Those three elements are: (1) Did the local government provided the parties procedural due process (i.e. notice and an opportunity to be heard, (2) Whether the local government observed essential requirements of law, and (3) Whether the local government decision is based on substantial competent evidence; staff testimony, the applicant's testimony, expert witness testimony and testimony of neighbors regarding the facts to the extent that it is relevant to the issues to be decided in support of maps, photos, and other relevant information. Mr. Frankel stated element #1 and #2 have been met and element #3. Mr. Frankel stated his neighborhood will be affected and at a previous hearing the President of the HOA came out and stated unanimously his community did support this although he did not take part in the polling of the community. Mr. Frankel stated Mr. Jim Smith gave S.A.F.E.'s approval to the project. Mr. Frankel stated according to the comments from the appellants with their study and staff comments he does not believe there is a consensus and feels there needs to be testimony and evidence that goes over the burden of the SPRAB's decision. For the record, Mr. Frankel stated there are 45 conditions attached and are agreed upon by the developer so based on the testimony and evidence he does not feel it is at the level to overturn the previous decision by SPRAB. Therefore, Mr. Frankel stated he does not support the appeal. Mr. Jacquet stated he wants to distinguish when he speaks as an attorney and when he speaks as an individual. Mr. Jacquet stated based on the Interim City 29 01/21/14 Attorney has told the Commission on what the Commission can consider with this appeal he has to stand by those laws. Mr. Jacquet stated he feels he has to stand by the three elements as stated by Commissioner Frankel and with respect to LDR Section 3.2.3(H) he believes modifications have been made. Mrs. Gray thanked everyone for coming out tonight and stated the Commission has to follow the law. She stated the infrastructure and roads are already in place and noted the public came out to speak with Worthing Place and people had the same issues with the traffic. Mrs. Gray stated she voted on this project approximately one year ago because the developer lowered the density and the height but pointed out the Commission is here to consider the site plan. She stated the developer mentioned that they would close the road north of N.E. 1st Street and inquired whether or not the traffic calming devices are in place. Mr. Krejcarek stated what was approved with the conditional use was Palm Square only. Mr. Krejcarek explained that they are asking for the right -in right -out only at S.E. 7th Avenue; he stated if that left turn is prohibited this way they will have to go all the way to Federal Highway go down Federal and cross back again to get back into their neighborhood. Mr. Krejcarek explained where the residents want Palm Square closed. Mrs. Gray asked when construction starts what is going to happen to the neighborhoods when trucks and other vehicles are coming to the community. Mr. Krejcarek stated the way it stands right now if it was to move forward as it is currently being proposed N.E. 7th Avenue at 1st would be temporarily closed. He stated N.E. 1st and S.E. 1st Street are the two one -way pairs that parallel Atlantic Avenue and their purpose is to relieve traffic on Atlantic Avenue and noted this was not mentioned at all to him; S.E. 1st Street will be two -way when the Federal Highway project is completed which will be completed before this project is anticipated to be completed. Mrs. Gray stated FDOT has supported the ingress /egress and asked if there is another entranceway to the garage. Mr. Krejcarek stated there is an entrance off of S.E. 7th Avenue (west side of 7th) between Atlantic Avenue and N.E. 1st Mrs. Gray asked if the road they want to open off Federal Highway can be done. The Interim City Attorney stated the project before the Commission will not have that road in there and the Commission has to review the project as it was proposed. Mrs. Gray stated she would like to see some of the measures put in glace that some of the residents have asked for as far the temporary closure of N.E. 7t Avenue. Mrs. Gray stated she would like for staff to look into some type of planning to see if the hammerheads actually work in Palm Square and would like to see the roundabouts prior to the C.O. being issued. She asked if the developer agrees with this. Mr. Price stated the additional traffic calming at Palm Square and the 45 conditions the developer agrees to. Mrs. Gray stated after listening to both sides for this project the biggest issue is coming off Federal Highway but going into the garage and coming right out of the garage helps alleviates some of the traffic. Mrs. Gray stated she supports the project tonight as it is presented with those conditions welcoming the jobs and additional revenue to the tax base. Mayor Glickstein stated with respect to the conditions of approval there are some limitations primarily based on the substantial competent evidence criteria and 30 01/21/14 feels that in any court of law would be acknowledged as an expert witness and the conclusions in that report rise to substantial competent evidence. Mayor Glickstein asked Mr. Krejcarek where his conclusion comes from regarding his comment that he does not think there is going to be a problem at Atlantic Avenue and S.E. 7th but there will be a problem at 1st and 7th. Mr. Krejcarek stated he did not see that as an issue based on the net increase in volume there is more than enough capacity to handle it right now. Mayor Glickstein stated if traffic is alleviated from Atlantic and 1st then the traffic calming and a road closure becomes less important. Mayor Glickstein stated it is not just the internal logistics that he was speaking of which he does not believe work on this site plan in the best of times. For example, Mayor Glickstein stated in August (off - season) there will be problems with this site plan. Mayor Glickstein stated he does not understand why there has not been insistence on a backup plan. He commented about Mr. Nolan's comments about predictability and everyone wants predictability and the anxiety about how the community and neighborhoods are changing the codes that are being worked on will go a long way to eliminating that. Mayor Glickstein stated the conditional use that was approved was for density and height only; there was no site plan approval. Mr. Krej carek stated one of the concerns staff had with the east/west road that was proposed was it did not line up with either the alley behind the Colony or with the driveway. Mr. Krejcarek stated staff's biggest concern was that there are going to be cars cutting across Federal Highway going against the traffic and by creating that roadway he sees a safety issue in cars going the wrong way on Federal Highway. Mayor Glickstein stated there is very little alignment with the access points to the various developments on Federal Highway. Mr. Krejcarek stated this is true with driveways but with respect to roads it is not because it would be considered an intersection. Mrs. Petrolia stated she concurs with Mayor Glickstein's position about this being entirely legal for the Commission to consider this and feels the Commission had a confident person who was making a decision in bringing their information and is something that the Commission could base its decision on. Mr. Jacquet stated he trusts the legal opinion of the Interim City Attorney and also respects Mr. Krejcarek's opinion and expertise. The Interim City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mr. Frankel moved to deny the private appeals of SPRAB's action on the Class V Site Plan of Atlantic Crossing based on the Board Order (upholds SPRAB's approval of the project) subject to the conditions listed in Exhibit C -E, seconded by Mr. Jacquet. Upon roll call the Commission voted as follows: Mayor Glickstein — No; Mrs. Petrolia — No; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion to DENY the appeal was approved with a 3 to 2 vote, Mayor Glickstein and Commissioner Petrolia dissenting. 31 01/21/14 9.C. DISCUSSION REGARDING NAMING OF STREET REQUEST: Consider a request from Commissioner Al Jacquet regarding the renaming or adding to the name of a street. Lula Butler, Director of Community Improvement, stated staff presented to the Commission a policy to address naming City facilities. Mrs. Butler stated at that time the City Commission gave direction that they did not wish to change the policy that had been adopted by prior Commissions in 1994 that said that they no longer wanted to name streets after individuals. In 1996, Mrs. Butler stated there was also a policy at the Commission level that they did not want to continue the processes doing dual names to cities. She stated staff has not brought this back to the Commission and noted it would have to go before the Planning and Zoning Board. Mrs. Butler stated Commissioner Jacquet has asked for either S.E. 2nd Avenue or S.E. 3rd Avenue to be dual named for Toussaint L' Ouverture. Mayor Glickstein stated he supports a policy first and also supports the specific request as well. Mr. Jacquet stated he specifically requested this street change and by allowing the dual name it acknowledges that neighborhood and community. After brief discussion, it was the consensus of the Commission that Mrs. Butler draft a policy to bring back before the Planning and Zoning Board and staff will bring back to a future Commission meeting. 9.D. AWARD OF BIDS AND CONTRACTS: Purchase award to Otto Environmental Systems in the amount of $60,000.00 for the purchase of hot - stamped, garbage carts, lids and wheels to be ordered "as- needed ". The recommendation for award is in compliance with Ordinance No. 29 -13, Chapter 36, "Acquisition of Goods and Services and Disposal of City Property ", Section 36.02(C) "Direct Acquisition Method ", (6) "Sole Source and City Standard ", (b) "City Standard ". Funding is available from 433- 3711 -534 -49.35 (Sanitation Fund: Other Current Charges /Cart Renewal & Replacement). Lula Butler, Director of Community Improvement, stated this item is a request for the Commission to approve a Purchase Award for $60,000 for the purchase of hot - stamped garbage carts, lids and wheels to be ordered as needed from Otto Environmental Systems as the product supplier. The blanket purchase order will cover a period of October 1, 2013 through September 30, 2014. Mrs. Butler stated in consulting with the Interim City Attorney based on the City's ordinance governing the Purchasing policies that what the City has with its carts at this time is a City standard. She stated the City has to service its current customers. Mrs. Butler stated she took this over from the Finance Department and explained that this will be bid and there are five (5) national companies that provide these carts. The City has specified the particular actual sizes and how the cart looks and the type of plastic that the City has used. Mrs. Butler stated since 1996 the Finance Department has used this as a "sole source ". However, Mrs. Butler stated it is not a "sole source" because the company fills the order from what the City has 32 01/21/14 asked and every four (4) years the Finance Department would re -quote it out and receive new quotes and Otto Environmental Systems was selected again because they were the lowest cost. She stated when the specs are done this time staff is sending it out to all five (5) companies and the one thing that has changed is the classic container that the City uses. Mrs. Butler stated Otto Environmental Systems has informed the City that they will no longer be making those carts so the City has to bid it out. Staff requested that the Commission approve this purchase order as presented and noted staff is going on the street with its new specs next month. Mrs. Petrolia asked how many carts are in reserve. Mrs. Butler stated she is not sure of the number; however, her staff knows what the inventory is and what projects are coming online that need the carts the City does not have enough to fill all the needs for this fiscal year. Mrs. Butler commented about the number of carts that will get to the number of units that are coming online and the trends on replacement carts. Mrs. Butler stated staff has been able to keep the cost down. Mrs. Petrolia stated this has been on and off the schedule since early November 2013 and she does not understand why staff is waiting until February to bid this. Mrs. Petrolia stated she contacted Mr. Mark Brodrick from Cascade who indicated that his company can meet the specs of the City's trash cans with the only difference being the location of the serial number and she feels it is unusual. Mrs. Butler stated the City orders three different cart sizes (30 gallon, 65 gallon, and 95 gallon) and three different costs. At this point, the time being 12:05 a.m., Mr. Jacquet moved to extend the meeting, seconded by Mrs. Petrolia. Upon roll call the Commission voted as follows: Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes. Said motion passed with a 5 to 0 vote. Mrs. Petrolia stated looking at the Orlando purchasing in August 2012 Otto quoted $43.50 for the same trash can that the City of Delray Beach is going to be paying $51.50. Mrs. Butler stated staff consulted with the City of Orlando and obtained their current prices for the 95 gallon cart which is $1.50 less than what the City is currently paying. On November 5, 2013, Mrs. Butler stated staff had a comment for the City Commission explaining that staff contacted the City of Orlando and they provided the detailed information on their carts. Mrs. Butler stated the City of Orlando stated they use a similar system based on the need for the 95 gallon container and they pay $51.50 for each container. Mrs. Petrolia stated she is not in favor of this because she feels this should go out to bid. Mayor Glickstein stated there is some confusion regarding whether or not this was a sole provider. Mrs. Butler stated any one of the five companies will do this and staff will bid this out. However, Mrs. Butler stated she is caught in a fiscal year using an old policy. 33 01/21/14 Mrs. Gray supports staff moving forward and allowing staff to purchase the carts at this time. Mr. Jacquet asked what happens if this does not go forward and the City needs to go out to bid. Mrs. Butler noted it takes three months from the time the carts are ordered; approximately 3 months for the RFP process and 3 months for the carts to be delivered once they are ordered. Mrs. Butler stated she cannot afford to run out of carts. Mayor Glickstein stated the last time this was discussed by the City Commission and the City Manager and given the logistical constraints that staff could purchase at the $25,000 level with the new procurement ordinance. Mrs. Butler stated staff has already done that. Mayor Glickstein stated he supports with the caveat that staff go back to the vendor to get the best price possible. Mr. Jacquet moved to approve Item 9.1). (formerly Item 8.T.3.), seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — No. Said motion passed with a 4 to 1 vote, Mrs. Petrolia dissenting. At this point, the time being 7:00 p.m., the Commission moved to Item 10, Public Hearings. 10. PUBLIC HEARINGS: N.A. ORDINANCE NO. 01 -14: Consider a small -scale Future Land Use Map (FLUM) Amendment for two parcels of land, as more particularly described herein, from OS (Open Space) to LD (Low Density Residential 0 -5 DU /AC), and from LD (Low Density Residential 0 -5 DU /AC) to OS (Open Space), respectively, for the Seagate Country Club Villas, located on the north side of Greensward Lane, East of Hamlet Drive, within the Seagate Country Club. (STAFF HAS REQUESTED THAT THIS ITEM BE POSTPONED UNTIL FURTHER NOTICE BECAUSE IT HAS NOT GONE BEFORE THE PLANNING & ZONING BOARD FOR CONSIDERATION) 11. FIRST READINGS: A. None 12. COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS. 12.A. City Manager The City Manager stated he received an email from Mr. Geddy today regarding his circular driveway. The City Manager stated the City was installing curbing and one side of Mr. Geddy's driveway was actually cleared and the other side of the 34 01/21/14 driveway was not cleared. However, the City has fixed the portion that was not cleared and will continue with the curbing installation. Secondly, the City Manager commented about the Oceanside Beach Services contract. Mayor Glickstein asked Mr. James Scala what the quantity of equipment is that has historically been there. Mr. Scala stated they counted 250 as a unit; the cabanas are comprised of two chairs, a table, and a hood /cabana and they have counted that as one (1). Mr. Scala stated if they are directed to count each individual chair as a single piece of equipment that means the amount of seating available will be cut by more than 50 %. Mayor Glickstein asked what recourse a recipient of that RFP has against the City to challenge the city if in fact they say "we changed the deal." Ms. Pyburn stated at this point the City's two options: to look at terminating the contract or amending the contract. Mayor Glickstein stated it all started with a sloppy RFP and the City is still wasting time because of a sloppy RFP. Mayor Glickstein asked Ms. Pyburn what her suggested course of conduct to correct it would be. In response, Ms. Pyburn suggested that this item come back to the City Commission at their regular meeting of February 4, 2014 for direction on whether or not to either amend it to get clarification and make sure the Commissioners are all on the same page going forward or to terminate the contract. Mr. Frankel stated it is unthinkable for any vendor to have to pay double and then have his equipment cut in half. Mr. Frankel stated he concurs with Commissioner Gray and Commissioner Jacquet that the one cabana would constitute one piece. Mrs. Gray asked if there is a reason why the equipment was delayed and not placed on the beach by the December 20, 2013 date as promised by the vendor. The City Manager stated the vendor represented to the Commission that he was going to manufacture the equipment and he has subsequently changed the type of equipment that he is buying. The City Manager stated the vendor is now offering the City two (2) chaise lounge chairs that are not connected together and has a separate table between them. The City Manager stated instead of manufacturing this equipment the vendor is purchasing this equipment from a vendor in North Carolina and it is based on availability. The City Manager stated he and Ms. Pyburn are meeting with Oceanside representatives on Friday to talk about the substance of not getting the equipment on the beach in a timely manner. The City Manager stated part of the reason Mr. Novatka indicated that he was changing the type of equipment was that he wanted to facilitate the breakdown because during turtle nesting season he has to breakdown the equipment nightly. Mr. Jacquet stated he was under the impression that the City was still going to have two adjoined chairs with the table but these are actually going to be separate chairs. Mr. Jacquet stated whether it is 250 units or 300 units the background information the vendor has in his mind is a unit is the unit he normally has. However, 35 01/21/14 Mr. Jacquet stated if they are separate pieces as opposed to being that one unit, then it poses more ambiguity. Mayor Glickstein suggested that at the meeting between the City Manager and the Interim City Attorney that the City Manager report back to the Commission with a definitive date on when every piece of equipment is going to be on the beach new and what the configuration of equipment will be. For the record, Mr. Jacquet stated he would like direction from the Interim City Attorney as to what constitutes one piece of equipment. Mrs. Petrolia stated Mr. Scala had from March/April 2013 to determine what kind of furniture he was going to put in his specs in the RFP and bid to the City of Delray Beach. Mrs. Petrolia stated in January 2014 after the signed contract all of a sudden the entire bid process is changing. Mrs. Gray stated she feels staff was too rushed with regard to the RFP and thus the reason for the errors in the process. In summary, Mayor Glickstein stated staff recommended cancellation of the RFP so this Commission effectively took that ability away from staff to go back and take their time when the Commission recognized that there were problems. Mayor Glickstein stated staff and the City Manager were recommending that the RFP be terminated and the City go back out to an RFP. Mayor Glickstein stated because this was not done the City is left with those ambiguities that were not clarified in the contract. Mayor Glickstein stated the Commission has very little patience relative to when the contract terms are going to be satisfied so whatever that equipment is that it is on the beach in its entirety very soon or that 30 -day clause is still in the contract. Ms. Pyburn concurred with comments expressed by Mayor Glickstein. 12.B. City Attorney The Interim City Attorney thanked the Commission for bearing with her during her reading of the Board Order. 12.C. City Commission 12.C.1. Mr. Frankel Mr. Frankel stated he would like to know when the construction will start for the iPic Theater. Secondly, Mr. Frankel commented about the panhandlers and appreciates the City Attorney's office expediting that. Mr. Frankel stated Salt Water Brewery (new brewery near I -95) requested to have food trucks because they do not have food service. He stated Planning and 36 01/21/14 Zoning informed him it was not allowed but the City lost a perspective business on Federal Highway because of this. Mr. Frankel stated he has seen the successes in Austin, Texas with this. Mr. Frankel asked that this be brought before the Commission. Mr. Frankel stated he spoke numerous times to the owner of Naked Hair Salon and requested that staff look into Mr. Shumann's concerns. Mr. Frankel stated Delray Beach was bestowed an amazing honor by nationally being recognized as "The Most Fun Small Town in America" and he does not see any signs promoting that. He stated there should be some designation and feels it is important for tourists to understand that. Mr. Frankel stated he was on I -95 over the weekend and he saw one of the electric billboards saying "Delray Center for the Arts exit here." Mr. Frankel stated he feels it is a waste of money that they have to advertise that the exit is Atlantic Avenue. The City Manager stated he spoke to Joe Gillie who informed him that he had a brown designated sign and it was taken down post hurricane and it is still in the approval process with the Florida Department of Transportation (FDOT). 12.C.2. Mrs. Gray Mrs. Gray stated the MLK events this weekend were awesome. Secondly, Mrs. Gray inquired about the joint meeting with the Community Redevelopment Agency (CRA). The City Clerk stated the joint meeting will be held at the Workshop meeting of February 11, 2014. Lastly, Mrs. Gray stated she would like to get more information about the Police Benevolent Association (PBA) one year contract. 12.C.3. Mrs. Petrolia Mrs. Petrolia stated she received an email from Kenneth Zeno to consider March as Melanoma Awareness Month. The City Manager stated a proclamation can be done for this. Secondly, Mrs. Petrolia stated the NOAA training needs a sign up for the City. Mrs. Petrolia stated Mr. Ferreri discussed the Police and Fire negotiations and urged the Commission to look at doing something temporary for the Police Department. Mrs. Petrolia encouraged the City Manager to look into this if at all possible as long as it does not negate or compromise the efforts to negotiate. 37 01/21/14 Mrs. Petrolia stated at the last regular Commission meeting there was a negative comment made from the dais about a resident and she respectfully urged the entire Commission to keep the trash that is online off the dais. Mrs. Petrolia stated it was a wonderful MLK Breakfast and the Spady Museum did a beautiful job. In addition, Mrs. Petrolia commended Mayor Glickstein for his speech. 12.C.4. Mr. Jacquet Mr. Jacquet stated the City Commission can get an ID from Human Resources. Secondly, Mr. Jacquet asked the Commission if they feel the parking passes would be useful for the Commission to have to be able to park downtown while meeting with constituents. With regard to the parking passes for the City Commission, Mr. Frankel asked if there is anything that could be considered unethical or could this be looked at as the granting of a gift. With regard to the parking passes for the City Commission, Mayor Glickstein stated he does not support it and the City Manager had reported to him that the Police Department does not support this either. Mayor Glickstein stated he feels this contradicts what the City is trying to do in terms of parking management. Terrill Pyburn, Interim City Attorney, stated she would look into this and get back with the Commission. 12.C.5. Mayor Glickstein Mayor Glickstein suggested placing the logo "The Most Fun Small Town" on the next order of City letterhead and posting it on the homepage of the City's web site. There being no further business, Mayor Glickstein declared the meeting adjourned at 12:50 a.m. ATTEST: MAYOR City Clerk 38 01/21/14 The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on January 21, 2014, which Minutes were formally approved and adopted by the City Commission on City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above. 39 01/21/14 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA APPEAL OF THE SPRAB 11/20/13 AND 12/18/13 APPROVALS OF A CLASS V SITE PLAN, LANDSCAPE PLAN, ARCHITECTURAL ELEVATIONS, AND SPECIAL ACTION ASSOCIATED WITH ATLANTIC CROSSING 1. This is an appeal of the November 20, 2013 and December 18, 2013 decisions by the Site Plan Review and Appearance Board ( °SPRAB ") approving the Class V Site Plan, Landscape Plan, Architectural Elevations, and Special Action associated with Atlantic Crossing which came before the City Commission at its meeting on January 21, 2014. 2. The Appellants, Appellee and City staff presented documentary evidence and testimony to the City Commission pertaining to the appeal of the approval of a Class V Site Plan, Landscape Plan, Architectural Elevations, and Special Action associated with Atlantic Crossing. Required findings are made in accordance with Subsections I, II, III, and V. LDR REQUIREMENTS FOR CLASS V SITE PLAN APPROVAL: A. LDR Section 2.4.5(F)(5), "Findings ": The approving body must make a finding that development of the property pursuant to the site plan will be compatible and harmonious with adjacent and nearby properties and the City as a whole so as not to cause substantial depreciation of property values. and LDR Section 3.1.1, "Required Findings": Prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map and Comprehensive Plan Consistency, Concurrency, and Compliance with the Land Development Regulations. At its meeting of December 4, 2012, the City Commission made positive findings with respect to the Future Land Use Map, Comprehensive Plan Consistency, and Concurrency provided conditions of approval are addressed. City Commission Meeting on January 21, 2014; Item 9.13. and Central core area of the Central Business District Zoning District provided in Exhibit "A ". Are these guidelines met? Yes 3 No 2 II. COMPREHENSIVE PLAN: A. Future Land Use Man /Future Land Use Element Obiective A -1: Is the property developed /redeveloped so that the future use and intensity is appropriate in terms of soil, topographic, and other applicable physical considerations, is complementary to adjacent land uses, and fulfills remaining land use needs and is consistent with the Land Use Map? Yes 3 No 2 B. Concurrency: Objective B -2 of the Land Use Element of the Comprehensive Plan requires that development not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas. Are the concurrency requirements met with respect to water, sewer, drainage, streets and traffic, parks, open space, solid waste and schools? C. Consistency: Will the granting of the Special action item, the Class V Site Plan, Landscape Plan and Architectural Elevations be consistent with and further the goals and policies of the Comprehensive Plan? Yes 3 No 2 III. ARCHITECTURAL ELEVATIONS PURSUANT TO LDR SECTION 4.6.18(E): A. The plan of the proposed structure is in conformity with good taste, good design, and in general, contributes to the image of the City as a place of beauty, spaciousness, harmony, taste, fitness, broad vistas, and high quality. City Commission Meeting on January 21, 2014; Item 9.13. B. The proposed structure, or project, is in its exterior design and appearance of quality such as not to cause the nature of the local environment to materially depreciate in appearance and value. C. The proposed structure, or project, is in harmony with the proposed developments in the general area, with the Comprehensive Plan, and with the supplemental criteria which may be set forth for the Board from time to time. Have the overall requirements of LDR Section 4.6.18(E) been met? Yes 3 No 2 IV. LANDSCAPE REQUIREMENTS; Pursuant to LDR Section 4.6.16, "Minimum Landscape Requirements ", Subsection 4.6.16(H)(3), "New Multiple Family, Commercial and Industrial Development ", provided requirements set forth in Exhibit "B ". Have the overall requirements of LDR Section 4.6.16 been met? Yes 5 No 0 V. SPECIAL ACTION REQUIREMENTS: Pursuant to LDR Section 4.4.13(F)(4)(e)4., modification to the frontage requirements may be granted by the City Commission in order to accommodate plazas that connect the building to the sidewalk and promote social interaction by offering one or more of the following: public seating areas, sidewalk cafes, sculptures or other artwork for display, and similar features. Have the overall requirements of LDR Section 4.4.13(F)(4)(e)4 been met? Yes 5 No 0 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original site plan was submitted. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. City Commission Meeting on January 21, 2014; Item 9.13. 5. Based on the entire record before it, the City Commission approves denies ✓ the appeal, subject to the following conditions set forth in Exhibits "C, "D ", and "E ". The City Commission hereby adopts this Order this 21st day of January, 2014, by a vote of 3 in favor and 2 opposed. ATTEST: Chevelle Nubin City Clerk City Commission Meeting on January 21, 2014; Item 9.13. EXHIBIT "A" SITE PLAN ANALYSIS COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the site and development application /request. LDR Section 4.4.13 — Central Business District Building Setbacks: The following tables indicate that the proposal complies with LDR Section 4.4.13(F)(4) as it pertains to the Downtown Design Guidelines for the Central Business District (CBD) zone district, except for those portions of the buildings as noted in the furthest column to the right: Buildings I, III, and VI Compliance with Road! o /° Building Required Proposed Propos LDR Building Building Frontage Frontage Lot Lot Requirements? 9 Side IIeight (min/max) Setback Frontage at Frontage Setback Yes No 70% 183.25' Ground min. /90% 10' max. min./236.4 155.42'* Atlantic Floor to max. 8' max. Avenue Remaining ]5' min. 27.48' 185.75' (Bid. 1) 262,75' Lot length min. Frontage 25' to 70% min. 15' min. 183.25' 185.75' 48' 70% 407.87' Ground min. /90% 10' max. min./524.4 280.67'* NF 6" Floor to max. 0' max. Remaining 58,27' Avenue 37' 15' min. 279' 582.67' * length min. Lot 37 to 70% min. 15' min. 407.87' 554.6T Frontage 48' min. is 48' to 90% 30' min. 236.48' 100% 60' min. 70% 180.43' Ground min. /90% 10' max. min. /231.9 181.25' Nb 1 Floor to max. 8' max. Street t 25' Remaining 15' min. 35.12' 80.25' length min. 25T75'*** Lot 25'to 70% min. 15' min. 180.43' 238.58' * ** 48, min. Frontage 48' to 90 %min. 30' 231.98' I00% 60' min. City Commission Meeting on January 21, 2014; Item 9.13. Per LDR Section 4.4.13(F)(4)(e)(4), Modifications to the frontage requirements may be granted by the Site Plan Review and Appearance Board or the Historic Preservation Board in order to accommodate plazas that connect the building to the sidewalk and promote social interaction by offering one or more of the following: public seating areas, sidewalk cafes, sculptures or other artwork for public display, and similar features. The applicant has provided an alternative plan that graphically depicts how the project would look if compliance with the design guidelines were achieved. The inability to provide sufficient building up on the street is due to the provision of public plazas and additional area for sidewalk cafes. Thus, the proposed development has demonstrated eligibility for relief from the frontage requirements. The granting of relief by SPRAB is reflected in the "Recommendation Section" of this staff report under Special Actions. ** The plans incorrectly note the building frontage along NE 0 Avenue. A condition of approval is attached that the plans are revised to correctly note the building frontage. * ** The plans incorrectly change the building, frontage for the upper floors and incorrectly note the frontage provided for the third floor of building VI along NE I' Street. A condition of approval is attached that the plans be revised to correctly note the northern frontage dimensions of building VI. Buildings II, IV -S, IV -N, and V 70°% 407.63' Compliance with NE 7th Ground min.190% 10' max, min./524.1 287.08'* LDR Building [iuilding Floor to max. Lot 0' max. Requirements? q Side Height Avenue 25' Remaining Frontage 58.3 15' min. 290.25' Yes No 70% 582733' Lot 25'to 70 % min. 15' min. 407.63' 494.42' Ground min. /90 %0 10' max. 48, 224.75' min. Atlantic Floor to max. Frontage 5' max. Avenue Remaining 15' min. 48' to 90% min. 30' 524.10' 100% 2.5' 277.5" Lot 60' min. min. Per LDR Section 4.4.13(F)(4)(e)(4), Modifications to the frontage requirements may be granted by the Site Plan Review and Appearance Board or the Historic Preservation Board in order to accommodate plazas that connect the building to the sidewalk and promote social interaction by offering one or more of the following: public seating areas, sidewalk cafes, sculptures or other artwork for public display, and similar features. The applicant has provided an alternative plan that graphically depicts how the project would look if compliance with the design guidelines were achieved. The inability to provide sufficient building up on the street is due to the provision of public plazas and additional area for sidewalk cafes. Thus, the proposed development has demonstrated eligibility for relief from the frontage requirements. The granting of relief by SPRAB is reflected in the "Recommendation Section" of this staff report under Special Actions. ** The plans incorrectly note the building frontage along NE 0 Avenue. A condition of approval is attached that the plans are revised to correctly note the building frontage. * ** The plans incorrectly change the building, frontage for the upper floors and incorrectly note the frontage provided for the third floor of building VI along NE I' Street. A condition of approval is attached that the plans be revised to correctly note the northern frontage dimensions of building VI. Buildings II, IV -S, IV -N, and V Compliance with Road/ %Building Required Proposed LDR Building [iuilding Frontage Required Lot Lot Requirements? q Side Height (minhnax) Setback Frontage at Frontage Setback Yes No 70% 194.25' Ground min. /90 %0 10' max. min. /249.7 224.75' Atlantic Floor to max. 5' max. Avenue Remaining 15' min. 27.75' 52.75' 2.5' 277.5" Lot length min. Frontage 25' to 70% min. 15' min. 194.25' 253.5' 48' min. 70% 407.63' 7th NB Ground min./90% 10' max, min./524.1 240.58'* Avenue Floor to max. 0' max. Remaining 15' min. 58.23' 278.92' 58233' 25' Lot length nun. Frontage t0 70% min. 15' min. 407.63' 472.42' 4$ min. NT 1 st 70% 171.62' Ground min. /90 %a 10' max. min./220.6 182' Street Floor to max. 5' max. Remaining 15' min . 24.52' 63.17' 245.17' 25' ten min Lot Frontage 48, Pursuant to LDR Section 4.4.13(F)(4)(e)(I), upper level setbacks do not apply to 3 -story townhomes. * Per LDR Section 4.4.13(F)(4)(e)(4); Modifications to the frontage requirements may be granted by the Site Plan Review and Appearance board or the Historic Preservation Board in order to accommodate plazas that connect the building to the sidewalk and promote social interaction by offering one or more of the following: public seating areas, sidewalk cafes, sculptures or other artwork for public display, and similar features. The applicant has provided an alternative plan that City Commission Meeting on January 21, 2014; Item 9.13. graphically depicts how the project would look if compliance with the design guidelines were achieved. The inability to provide sufficient building up on the street is due to the provision of public plazas and additional area for sidewalk cafes. Thus, the proposed development has demonstrated eligibility for relief from the frontage requirements. The granting of relief by SPRAB is reflected in the Recommendation section of this staff report under Special Actions. Allowable Upper Level FIoor Area: Per LDR Section 4.4.13(F)(4)(b)(2), Section 4.4.13(F)(4)(c)(2), and Section 4.4.13(F)(4)(d)(1), the floor area of the upper levels of a building cannot exceed a certain percentage of the allowable ground level footprint area. The following table identifies the allowable ground level footprint building areas and the proposed upper levels for the proposed development. Side Interior Setback: Per LDR Section 4.4.13(F)(5)(a), a 10 -foot setback is required along the east side of the property adjacent to Veterans Park and 10.5 feet is proposed. Thus, the development complies with this requirement. Parking Requirements: LDR Section 4.4.13(G)(1)(a), the required parking for the retail floor area is 1 parking space per 300 square feet of total gross floor area. Per LDR Section 4.4.13(G)(1)(d), the required parking for restaurants is 6 spaces per 1,000 sq. ft. of total gross floor area. Per LDR Section 4.4.13(G)(1)(i)(1), the required parking for the office floor area is one parking space per 300 square feet of net floor area. Parking for multi- family residential structures and mixed use developments must be provided pursuant to the following: • Efriciency dwelling unit Compliance with' • One bedroom dwelling unit LDR Requirement? Allowable ground Maximum • Guest parking shall be provided cumulatively as follows: - for the first 20 units level footprint allowed Proposed Yes No percentage (Upper Levels) 354,091sq.ft. 70% 47.16% (166,985 sq.ft) Third Floor 354,091sq.ft. 70% 28.28% (100,125 sq. fL) Fourth Floor 354,091sq.ft. 50% 1.1.71% (41,483 sq.ft.) Fifth Floor Side Interior Setback: Per LDR Section 4.4.13(F)(5)(a), a 10 -foot setback is required along the east side of the property adjacent to Veterans Park and 10.5 feet is proposed. Thus, the development complies with this requirement. Parking Requirements: LDR Section 4.4.13(G)(1)(a), the required parking for the retail floor area is 1 parking space per 300 square feet of total gross floor area. Per LDR Section 4.4.13(G)(1)(d), the required parking for restaurants is 6 spaces per 1,000 sq. ft. of total gross floor area. Per LDR Section 4.4.13(G)(1)(i)(1), the required parking for the office floor area is one parking space per 300 square feet of net floor area. Parking for multi- family residential structures and mixed use developments must be provided pursuant to the following: • Efriciency dwelling unit 1.0 space /unit • One bedroom dwelling unit 1.25 spaces /unit • Two or more bedroom dwelEng unit 1.75 spaces /unit • Guest parking shall be provided cumulatively as follows: - for the first 20 units 1 0.50 spaces/unit City Commission Meeting on January 21, 2014; Item 9.B. - for units 21 -50 0.30 spaces/unit - for units 51 and above 0.20 spaces/unit The proposed development contains 37,642 square feet of retail, 39,434 square feet of restaurant and outdoor dining area, 83,462 square feet of office along with 343 residential dwelling units that are comprised of 6 townhouse units (all are three - bedroom units), 25 loft units, 97 one- bedroom, 201 two - bedroom., and 14 three - bedroom units. Based on this development mix, the required parking for the proposed development is 1,026 parking spaces when adjusted by the shared parking allowance noted below. LDR Section 4.6.9(C)(8)(a) — Shared Parking allows for buildings, or a combination of buildings on a unified site, to utilize the shared parking calculations which affords reduced parking requirements by accommodating varied peak utilization periods for different uses (see below). The site plan data table indicates that a total of 1,089 parking spaces on -site via a combination of above grade and below grade parking (1078 spaces), 12 townhouse garage spaces, and 11 parallel parking spaces along NE 7'J' Avenue. However, in tabulating the actual parking provided from the floor plans, the project provides only 1,076 parking spaces. Thus, the proposed development contains a surplus of 50 parking spaces. The subgrade parking area on the west side of NE 7th Avenue has a two -way driveway from NE 7'h Avenue (abandoned and now a private street) and a one -way vehicular egress onto NE e Avenue (Northbound Federal). This parking area contains 271 reserved (gated) parking spaces and 144 shared parking spaces that will be accessible to the public. The vehicular ingress /egress access points will be gated for control and payment purposes. A driveway onto Federal Highway is proposed approximately 300 feet south of the intersection with NE 1st Street. While we have received a concern over its proximity to NE 1St Street it allows essentially the length of a football field for drivers to transition to the western lane to make the left turn at the intersection. The above grade parking garage on the east side of NE 7th Avenue contains 380 shared parking spaces and 93 reserved spaces. This facility is accessed via a driveway along NE 1St Street and a driveway from the circular drive along NE 7th Avenue. This facility is also gated for control and payment purposes. The reserved spaces are located on the ground floor and are accessed from City Commission Meeting on January 21, 2014; Item 9.13. Weekday Weekend Night Midnight to 6 A141 Day 9 AM to 4 PM Evening 6 PM to 111idni fit Day 9 AM to 4 PM Evening 6 PM to Midnight . Use' Require Residential 171.6 100% 171.6 60% 102.96 90% 15444 80 % 13728 90 % 154.44 Office 278.207 5% 13.91035 100% 278.207 10% 27.8207 16% 27.8207 5% 13.91035 Commercial/Retail 125.473 5% 6,27365 70 % 87.8311 90% 112.9257 100% 125.473 70% 87.8311 Hotel 80% 0 806/. 0 100% 0 80% 0 100% 0 Restaurant 236.604 10% 23.6604 50% 118.302 100% 236.604 50% 118.302 100% 236.604 Entertainment/Recreatiottal (theatres, bowling alleys, etc.) 10% 0 40% 0 100% 0 80% 0 100% 0 Reserved Parking 439 100% 439 100% 439 100% 439 100% 439 100% 439 Other 100% 0 100% 0 100% 0 100% D 100% 0 TOTALS 1251 654 1026 971 848 932 The site plan data table indicates that a total of 1,089 parking spaces on -site via a combination of above grade and below grade parking (1078 spaces), 12 townhouse garage spaces, and 11 parallel parking spaces along NE 7'J' Avenue. However, in tabulating the actual parking provided from the floor plans, the project provides only 1,076 parking spaces. Thus, the proposed development contains a surplus of 50 parking spaces. The subgrade parking area on the west side of NE 7th Avenue has a two -way driveway from NE 7'h Avenue (abandoned and now a private street) and a one -way vehicular egress onto NE e Avenue (Northbound Federal). This parking area contains 271 reserved (gated) parking spaces and 144 shared parking spaces that will be accessible to the public. The vehicular ingress /egress access points will be gated for control and payment purposes. A driveway onto Federal Highway is proposed approximately 300 feet south of the intersection with NE 1st Street. While we have received a concern over its proximity to NE 1St Street it allows essentially the length of a football field for drivers to transition to the western lane to make the left turn at the intersection. The above grade parking garage on the east side of NE 7th Avenue contains 380 shared parking spaces and 93 reserved spaces. This facility is accessed via a driveway along NE 1St Street and a driveway from the circular drive along NE 7th Avenue. This facility is also gated for control and payment purposes. The reserved spaces are located on the ground floor and are accessed from City Commission Meeting on January 21, 2014; Item 9.13. NE 1" Street. Given the peak usage times of the valet queue, the primary access to the garage will be from NE 1St Street. The applicant has indicated that this garage will be utilized for valet overflow. The subgrade parking facility on the east side of NE 7th Avenue contains 63 reserved parking spaces and 81 shared parking spaces. The applicant has indicated that this facility will be the primary valet storage lot. Given the peak usage and congestion, the developer will likely need to valet the resident's (reserved) vehicles in addition to the general public. The valet queue is designed with an entrance at the porte cochere, which serves as the drop -off. As stated, vehicles are parked in the primary sub grade facility and overflow to the above grade garage. Vehicle retrieval will occur further along the circular drive. The sidewalk around the circular drive includes a covered walkway for customer protection from the elements as they wait to retrieve their vehicles. All three parking garages will have roll down gates to secure these parking areas after hours. LDR Section 4.3.3 — Special Requirements for Specific Uses: Generators: Per LDR Section 4.3.3(00) & (000), all new multifamily residential buildings (including hotels and motels) equipped with public elevators shall provide auxiliary power generators for all interior corridor lighting and exit signs and at least one public elevator together with the clubhouse. The proposed development provides a generator for each of the buildings that contain residential units. Based on the above, the development complies with this requirement. LDR Section 4.3.4 — Base District Development Standards: Open Space: Per LDR Section 4.3.4(K), the minimum open space on the CF zoned property is 25% and 47% is proposed. Thus, this requirement has been met. Per LDR Section 4.4.13(F)(2), within the area encompassed by the boundaries of the original Downtown Development Authority as described in Section 8.2.2(B) there shall be no minimum open space requirement. Notwithstanding the provisions of this section, the body acting upon a development application within the CBD may require that open areas, including but not limited to courtyards, plazas, and landscaped setbacks, be provided in order to add interest and provide relief from the building mass. It is noted that the proposed development has provided 32,048 square feet (8.55 %) of the total project area as open space landscaped area. Minimum Residential Floor Area: Pursuant to LDR Section 4.4.13(H)(6) and LDR Section 4.3.4(K) [Minimum residential floor area], the minimum required floor area for efficiency dwelling units is 400 square feet, a one - bedroom unit is 600 square feet, a two - bedroom unit is 900 square feet, and a three - bedroom unit is 1,250 square feet. There are 25 efficiency (loft) dwelling units that range in size from 479 square feet to 663 square feet; 97 one- bedroom dwelling units that range in size from 663 square City Commission Meeting on January 21, 2014; Item 9.13. feet to 1,066 square feet; 201 two- bedroom dwelling units that range in size from 963 square feet to 1,997 square feet; and 20 three - bedroom units that range in size from 1,997 square feet to 3,962 square feet. Based upon the above this LDR requirement has been met. Workforce Housing: As noted in the background section of this staff report, the development was granted conditional use approval to increase the height of the building to 60 feet and a density of 43 dwelling units per acre subject to the condition that the applicant demonstrate compliance with the requirements of Article 4.7 (workforce housing) prior to certification of the site plan. Per LDR Section 4.3.4(J)(4)(b)(iii), workforce housing equal to at least 20% of the residential units on the top floor (fifth story) shall be provided within the development, offsite, or through monetary contributions as referenced in Article 4.7. Further pursuant to LDR Section 4.4.13(I)(1) (density), the development is required to provide 20% of the dwelling units above 30 dwelling units per acre as workforce units. The revised development proposal contains 33 dwellings on the fifth floor. The developer is now required to provide 7 workforce dwelling units for the height increase. The current development proposal includes 86 dwelling units over 30 dwelling units per acre. The development is now required to provide 18 workforce units for the density increase. The total required workforce requirement for the development is 25 dwelling units. The units (if any) that are provided either on -site or off -site will need to comply with the location and amenity requirements of LDR Section 4.7.9. If the developer opts to contribute monetary funds, an in- lieu payment of $160,000 per unit will be required payable to the City of Delray Beach Housing Trust Fund. The workforce housing option(s) and compliance with Article 4.7 will need to be finalized prior to certification of the site plan and this is attached as a condition of approval. Building Height Restriction: Pursuant to LDR Section 4.3.4(J)(4)(b)(i)(9), an increase to a maximum height of sixty feet, may be approved by the City Commission as a conditional use for property within the Central Core portion of the CBD (Central Business District), except for that portion within 150 feet of any zoning district which has a maximum height limit of 35 feet, measured from the property line of the CBD zoned property. The property located at the northwest corner of NE 7th Avenue and NE 1St Street and east of this intersection is zoned RM (Multiple Family Residential — Medium Density) which has a 35 -foot maximum height requirement. Thus, the 150 -foot separation requirement applies to building 46, which includes a fifth floor. The fifth -story floor plan for building #6 graphically depicts the 150 -foot separation. Therefore, the proposed development complies with this requirement. Floor Height: Per LDR Section 4.4.13(F)(1)(e), the floor height shall be a minimum of 10 feet for ground floors and a minimum height of 9 feet for all other floors. All heights shall be measured from finished floor to finished ceiling. Auxiliary and service rooms, such as, garages, restrooms, closets, laundry rooms, dressing rooms, storage rooms, mechanical, electrical, and plumbing City Commission Meeting on January 21, 2014; Item 9.13. equipment rooms are exempted from the floor height regulations. The smallest required ground floor height for all buildings are those with residential use on the ground floor, which have a height of 10 feet. The smallest required upper floor heights for all buildings are also the residential building with a floor height of 9.08 feet. Thus, the proposed development complies with the minimum floor height requirements. Special Buffer: Per LDR Section 4.4.21(H)(2), when the CF zone district is adjacent to residential zoning, the perimeter landscape area should be increased to a depth of fifteen feet; or, as an alternative, either a wall, decorative fencing, or hedging should be installed for aesthetic and buffer purposes. The suggested 15-foot perimeter landscape area has been provided on the north and east sides of the parking lot on the north side of NE 1" Street. City Commission Meeting on January 21, 2014; Item 93. EXHIBIT "B" (3) New Multiple Family, Commercial, and Industrial Development: Multi- family, commercial, industrial and all other uses are required to comply with the minimum requirements for off - street parking. On the site of a building or open -lot use providing an off - street parking, storage or other vehicular use area, where such an area will not be screened visually by an intervening building or structure from an abutting right -of -way or dedicated alley, there shall be provided landscaping as follows: Perimeter requirements adjacent to public and private rights -of -way: (a) A strip of land at least five (5) feet in depth located between the off - street parking area or other vehicular use area and the right -of-way shall be landscaped, provided, however, that should the zoning code of the Delray Code of Ordinances require additional perimeter depths, that the provisions of the zoning code shall prevail. This landscape strip shall be free of any vehicular encroachment, including car overhang. The landscaping shall consist of at least one tree for each thirty (30) linear feet or fraction thereof. The trees shall be located between the right -of -way line and the off - street parking or vehicular use area. Where the depth of the perimeter landscape strip adjacent to the right -of -way exceeds fifteen (15) feet, shade trees may be planted in clusters, but the maximum spacing shall not exceed fifty (50) feet. The remainder of the landscape area shall be landscaped with grass, ground cover, or other landscape treatment excluding pavement. Additionally, a hedge, wall or other durable landscape area shall be placed along the interior perimeter of the landscape strip. If a hedge is used, it must be a minimum of two (2) feet in height at the time of planting and attain a minimum height of three (3) feet above the finished grade of the adjacent vehicular use or off - street parking area within one year of planting. Multiple tier plantings are strongly encouraged for all properties, regardless of the depth of the landscape buffer. Those properties that have a landscape buffer depth of ten (10) feet or more shall be required to provide an additional layer of groundcover. The groundcover shall be located directly in front of the required hedge, so as to be visible from the adjacent right -of -way. This groundcover shall be installed at one -half (112) of the height of the required perimeter hedge. If a nonliving barrier is used, it shall be a minimum of three (3) feet above the finished grade of the adjacent vehicular use. Nonliving City Commission Meeting on January 21, 2014; Item 9.13. barriers shall require additional landscaping to soften them and enhance their appearance. For each ten (10) feet of nonliving barrier, a shrub or vine shall be planted along the street side of the barrier, in addition to tree requirements. Earth berms may be used only when installed in conjunction with sufficient plant materials to satisfy the screening requirements. The slope of the berm shall not exceed a 3:1 ratio. Hedges for multi - family projects which are used to separate a residential use from an adjacent arterial or collector road right -of- way may attain a height of eight (8) feet to mitigate the impact of the adjacent roadway Perimeter hedging installed to effect screening of storage areas must be a minimum of seventy -five (75) percent of the height of the storage structure at the time of installation and be permitted to grow to a height to conceal the materials being stored. Perimeter shade trees are required to be planted every thirty (30) feet and are not permitted to be clustered. (b) The unpaved portion of the right -of -way adjacent to the property line shall be landscaped with sod and provided with irrigation and maintenance. (c) The width of accessways which provide access to a site or vehicular use areas may be subtracted from the linear dimensions used to determine the number of trees required. Perimeter landscaping requirements relating to abutting properties: (d) A landscaped barrier shall be provided between the off- street parking area or other vehicular use area and abutting properties. The landscape barrier may be two (2) feet at the time of planting and achieve and be maintained at not less than three (3) nor greater than six (6) feet in height to form a continuous screen between the off- street parking area or vehicular use area and such abutting property. This landscape barrier shall be located between the common lot line and the off - street parking area or other vehicular use area in a planting strip of not less than five (5) feet in width that is free of any vehicular encroachment, including car overhang. Duplexes may be permitted to reduce the perimeter planting strip to two and one -half (2 112) feet in width in cases where lot frontage is less than fifty -five (55) feet. In addition, one (1) tree shall be provided for every thirty (30) linear feet of such landscaped barrier or fraction thereof. City Commission Meeting on January 21, 2014; Item 9.B. (e) Where any commercial or industrial areas abut a residential zoning district or properties in residential use, in addition to requirements established for district boundary line separators in the zoning code, one (1) tree shall be planted every twenty -five (25) feet to form a solid tree line. (f) The provisions for perimeter landscape requirements relating to abutting properties shall not be applicable where a proposed parking area or other vehicular use area abuts an existing hedge or established tree line, the existing hedge and trees may be used to satisfy the landscape requirements provided the existing material meets all applicable standards. The landscape strip, a minimum of five (5) feet in depth, however, is still required, and must be landscaped with sod or ground cover and be free of any vehicular encroachment, including car overhang. If the existing landscaping does not meet the standards of this article, additional landscaping shall be required as necessary to meet the standards. In the event that the landscaping provided by the adjacent property which has been used to satisfy the landscaping requirements for the property making application is ever removed, the property heretofore using the existing vegetation to satisfy landscaping requirements, must then install landscaping as required to comply with the provisions of this code. Interior landscape requirements for parking and other vehicular use areas. (g) The amount of interior landscaping within off - street parking areas shall amount to no less than ten percent (14 %) of the total area used for parking and accessways. (h) There shall be a group of palms or a shade tree for every one hundred twenty --five (125) square feet of required interior landscaping. No more than twenty -five percent (25 %) of these required trees shall be palms. (i) Landscape islands which contain a minimum of one hundred thirty - five (135) square feet of planting area, with a minimum dimension of nine (9) feet, exclusive of the required curb, shall be placed at intervals of no less than one landscaped island for every thirteen (13) standard parking spaces. One shade tree shall be planted in every island with a minimum of seventy -five (75) square feet of shrubs and groundcovers. Tree specifications shall adhere to those listed in Section 4.6.16(E)(5) and 4.6.16(E)(6). Where approval for the use of compact parking has be approved, islands may be placed at intervals of no less than one (1) island for every fifteen (15) compact parking spaces. City Commission Meeting on January 21, 2014; Item 9.B. 1. The distance between parking islands can be increased up to fifteen (15) standard or seventeen (17) compact parking spaces but the width of the parking island must be increased by one (1) foot for each additional space (i.e. if the distance between parking islands is fifteen (15) standard parking spaces the parking island would have to be eleven (11) feet wide). Properties within the Central Business District (CBD) shall adhere to the same landscape island width stated above, unless documentation of site constraints provide that such island width is not feasible. In such cases, the City will accept landscape islands with a minimum width of seven (7) feet, exclusive of curb, with one hundred an five (105) square feet of planting area. Under no circumstances shall any landscape island have a width smaller than seven (7) feet, exclusive of curb. Tree specifications shall adhere to those listed in Section 4.6.16(E)(5) and 4.6.16(E)(6). Minimum tree height shall be increased to eighteen feet (18') in overall height with an eight foot (8') spread if the option to increase the number of parking spaces between landscape islands is chosen. 2. Unobstructed cross - visibility shall be maintained at all terminal landscape islands where it intersects a right -of -way. Clear visibility shall be maintained between three (3) feet to six (6) feet above ground. Proper plant selection shall be utilized that fully accounts for the mature height and spread of that plant. The proper design shall have low groundcovers within the nose of the island with small shrubs located at the back end of the island. (j) Each row of parking spaces shall be terminated by landscape islands with dimensions as indicated above, An exception to this requirement is when a landscaped area, with the dimensions above, exists at the end of the parking row. (k) Whenever parking tiers abut, they shall be separated by a minimum five (5) foot wide landscape strip. This strip shall be in addition to the parking stall and be free of any vehicular encroachment, including car overhang. In addition, a two foot (2') hedge shall be installed within this landscape strip and run the entire length of the strip. Pedestrian walkways are permitted to allow passage through City Commission Meeting on January 21, 2014; Item 9.13. the hedge. Nonmountable curbs are not required for these landscaping strips, providing carstops are provided. (I) Perimeter landscape strips which are required to be created by this code or requirements of the zoning code shall not be credited to satisfy any interior landscaping requirements, however, the gross area of perimeter landscape strips which exceed minimum requirements may be credited to satisfy the interior landscape requirements of this section. (m} Interior landscaping in both parking areas and other vehicular use areas shall, insofar as possible, be used to delineate and guide major traffic movement within the parking area so as to prevent cross -space driving wherever possible. A portion of the landscaping for interior parking spaces, not to exceed twenty -five percent (25 %) of the total requirement, may be relocated so as to emphasize corridors or special landscape areas within the general parking area or adjacent to buildings located on the site, if helpful in achieving greater overall aesthetic effect. Such relocated landscaping shall be in addition to the perimeter landscaping requirements. (n) Existing native soil within all landscape islands, interior landscape strips and perimeter landscape strips, adjacent to vehicular use areas, shall be excavated down to a depth of thirty (30) inches below existing grade, except for a 12" buffer from the inside of curb or pavement (see diagram below). A suitable planting soil mixture of fifty /fifty (50150), sixty /forty (60140) (sand /topsoil) or as otherwise indicated by the Registered Landscape Architect, shall either be backfilled in place of the native soil or efficiently mixed with the native soil to create an optimum environment for successful root development. If native soil is to be mixed, it shall first be screened to remove rocks and debris larger than one -half (112) inch in diameter prior to mixing. All properties under this section shall be required to have an open landscape bed inspection prior to backfilling to insure the thirty (30) inch depth has been met. City Commission Meeting on January 21, 2014; Item 9.B. BACK of ajpz (TYIp) EXCAVATION AREA (30" DEPT4 cowACTED SOIL OT WIDE) 4, Ei i i T Q" -� -- (o) All air - conditioning units and other mechanical equipment and refuse areas whose height is five (5) feet or less shall be screened with shrubbery that is tall enough to fully screen the units from view. Equipment five (5) feet to sixteen (16) feet above grade shall be screened with hedges that are half of the height of the item to be screened. In such instances, the required hedge shall not be any less than five (5) feet in height. Anything higher than sixteen (16) shall be screened with shrubbery that is a minimum of eight (8) in height. (p) Landscaping may be permitted in easements only with the written permission of the easement holder. Written permission shall be submitted as part of the site plan or landscape plan review. (4) Foundation Landscaping Requirements (a) Foundation landscaping shall be required. This shall incorporate trees, shrubs and groundcovers with the minimum required specifications as set forth in 4.6.16(E). Multiple tiers of plant material should be utilized and thoughtfully designed to accomplish the goal of softening the building mass while adding vibrant color and textures. (b) New multi -story structures or landscape improvements to existing multistructures shall adhere to the landscape requirements set forth in this section. The purpose of these requirements is to aesthetically and visually buffer larger structures and to maintain an appropriately scaled relationship between the height of the structure and its surrounding landscape. Foundation trees with specifications listed in Table 'I shall City Commission Meeting on January 21, 2014; Item 9.B. be planted along the building fagade that faces a Right -of -Way. The spacing of these trees shall be determined based on the average canopy width of the proposed tree. These trees shall be spaced appropriately so that the canopies shall be touching at average maturity. Typical Foundation trees and spacing requirements are listed in Table 2. All trees listed in Table 2 are examples. Other species may be used so long as the spacing meets the intent of this section. Table 1. Foundation Tree Specifications Mean Structure Height (feet) Minimum Tree Height (feet) Minimum Tree Spread (feet) Minimum Overall Palm Height (feet) To 15 12 to 14 (code) 5 12 (code) 15 to 25 14 to 16 6 16 26 to 35 16 to 18 7 20 36 and greater 16 to 18 7 25 Table 2. Typical Foundation Trees and Spacing Requirements Tree Species Typical Spacing Quercus virginiana (Live Oak ) 30' Bursera simaruba (Gumbo Limbo ) 30' Swietenia maha oni (Mahogany Tree 30' Cocos nucifera (Coconut Palm) 20' Wod etia bifurcata (Foxtail Palm) 20' Veitchia montgomeriana (Montgomery Palm) 15' Bismarckia nobilis (Bismarck Palm) 25' Phoenix dact lifera (Date Palm) 25' (5) Special Landscape Regulations for Properties within the Central Business District (CBD) (a) Landscape Islands shall be installed within designated On- Street Parking locations. Properties submitting for Site Plan Modifications that are designated as Class IV or higher are required to install on- street landscape islands. Site Plan Modifications that are classified as Class III or lower that are proposing onstreet landscape islands shall adhere to the requirements outlined in this section. All islands are to be curbed with Type 'F' curbing to protect plant material. There are three types of landscape islands found within designated on- street parking sites. They are Intersection Islands, Driveway Islands and Parallel Parking Islands. City Commission Meeting on January 21, 2014; Item 9.B. 1. Intersection Islands are required at the corners of intersecting streets. These islands shall be a minimum of ten feet (10') in length. One (1) palm tree and associated understory plantings shall be located in each island and shall not pose a hazard to site visibility. If applicable, each palm shall be located behind traffic signs. Species and size to be consistent with those existing within adjacent on- street parking islands. 2. Driveway Islands are required on each side of the driveway apron leading into the property. These islands shall be a minimum of eight feet (8') in length. One (1) accent tree or palm and associated understory plantings shall be located in each island and shall not pose a hazard to site visibility. Species and size to be consistent with those existing within adjacent on- street parking islands. 3. Parallel Parking Islands shall be used to break up large expanses of pavement utilizing shade - producing canopy trees and associated understory plantings. No more than six (6) parallel parking spaces are allowed between the nearest parallel parking island and the subject property submitting for a Site Plan Modification. Spaces will be counted from the nearest street intersection. Each island shall be a minimum of twenty -two feet (22') in length and contain at least one (1) canopy tree and associated understory plantings. Species and size to be consistent with those existing within adjacent on- street parking islands. Properties abutting Atlantic Avenue are exempt from the requirement of constructing on- street landscape islands. The maintenance and irrigating of islands shall be the sole responsibility of the property owner who is located adjacent to these islands. Construction of landscape islands shall not create traffic safety hazards. The utilization of root barriers will be required in instances where underground utilities are present. All compacted soil, rock and other debris shall be removed to a depth of thirty inches (30 ") below top of curb and replaced with a sixty -forty (60140) mixture of sand to topsoil. Existing site conditions will be examined during the plan review process. Flexibility for location and size of islands will be considered in achieving the overall goal of creating a consistent and unified streetscape. City Commission Meeting on January 21, 2014; Item 9.B. EXHIBIT "C" SITE PLAN CONDITIONS 1. Address all Site Plan and Engineering Technical Items. (Exhibit A and Exhibit B). 2. That technical item number 9 on exhibit B be modified to read that the sidewalks in the CBD zoning district be a minimum of 8 feet and 10 feet wide and that the sidewalks should be 10 feet along Atlantic Avenue and on Federal Highway and 8 feet on all other locations within the project. 3. That the plans be revised to correctly note the building frontage dimension along NE 6th Avenue. 4. That the plans be revised to correctly note the northern frontage dimensions of building VI. 5. That the shared parking calculation table noted on the site plan be revised to be consistent with the current development proposal. 6. That the applicant contributes the cost of a shuttle bus trolley to the City. 7. That the applicant design and fund turn lane improvements (NE 1$t Avenue /Northbound right turn lane on to NE 6th Avenue) and provide the cost for the traffic signal at NE 6th Avenue and NE 1St Street. 8. That a written finding of concurrency approval from the School District be submitted. 9. That the applicant funds a bus shelter along Federal Highway. 10.That the provision of workforce housing units be addressed per an agreement to be approved by the Community Improvement Director and executed prior to certification of the site plan. 11. That at least one building achieves LEED certification. 12.Applicant shall provide design plans and pay for the closure of N.E. 7th Avenue at N.E. 1" Street. A temporary closure is to be provided at this time and if warranted after project impacts are analyzed the permanent closure would be constructed. 13.Applicant shall provide design plans and pay all costs for traffic calming on Palm Square, which may include a cul -de -sac, beginning at the intersection with Atlantic Avenue and south to S.E. 2nd Street in accordance with the City's LDRs and as determined by the City Engineer. 14. That the roll down gates have knox boxes to allow entrance. 15. If the Board finds that the loading facilities are adequate, the management company shall require delivery services to utilize the designated loading zones exclusively, and this be noted on the plan. 16. That the two tandem parking spaces in the subgrade parking area on the west side of NE 7th Avenue are to be eliminated. 17. That the last parking space in all dead -end parking tiers be striped -out to provide adequate turnaround options. 18. That the photometric plans be revised to include illumination levels in the east/west courtyards. 19. Unbundle parking from rent/purchase for those residents who do not need a car or a parking space. 20.Atlantic Crossing will disseminate third party bicycle rental information to all residents. City Commission Meeting on January 21, 2014; Item 9.13. 21. Provide an inside, safe and secure storage area for bicycles with racks for a minimum of 86 bicycles for the residents of Atlantic Crossing. 22. Provide storage, showers and lockers for employees. 23. Provide space for a permanent transportation information kiosk within the lobby or mailroom areas with info on short term vehicle rentals. The kiosk will contain: info and route and schedule information for Palm Tran, Tri -Rail, the Delray Shuttle, and the Roundabout as well as new or substitute providers (such as Tri -Rail Coastal Link); info on how to start a carpool and vanpool; details of the emergency ride home program; and Tri -Rail Bicycle Locker Program Application Forms, 24. Provide the following information at each calendar year to SAFE and the City for the first 5 years following occupancy: a. The number of residents who are paying a lower rent, because they don't own a car, or need a parking space, b. The number of owner stored bicycles at calendar year end, c. The number of times the residents used a community vehicle for grocery shopping. The number of times the shared bicycles are used in a calendar year. 25. Install a device that counts and records the number of motor vehicles that enter and exit the garages by hr /day, and report this activity annually to the SAFE and the City. 26. That if the traffic study and the City deem that retractable electric or pneumatic bollards are a viable option to assist in the closure of NE Seventh Avenue the developer will fund this system including on -site and remote operation. 27. That the trash receptacles on -site as labeled be accompanied by recycling receptacles and that residential and commercial recycling be provided to the entire site. 28. That the green wall shall be considered a trellis and shall be allowed to encroach in the setback along Federal Highway. 29. That the applicant will create an ingress from Federal Highway adjacent to the location of the egress into the garage level as long as this is approved by the FDOT and the City Engineer. City Commission Meeting on January 21, 2014; Item 9.13. EXHIBIT "D" LANDSCAPE CONDITIONS 1. That all the Landscape Technical Items are addressed. 2. That the vegetation be maintained below 3 feet and above 6 feet to maintain good surveillance throughout the property. 3. That item number two ( #2) of the Landscape Technical Items be fully funded by the developer and that includes the relocation of all of the trees determined by the City Landscape Planner including all root pruning, relocation of the trees and putting them into their new site and establishing them. 4. That the project have additional potted vegetation on the upper deck above the porte cochere on building number Four -S. 5. That additional multilevel vegetative screening be provided around all switch cabinets and transformer enclosures wherever possible when not conflicting with an access point and that the screening doors be provided to staff for review for appropriate aesthetics. City Commission Meeting on January 21, 2014; Item 9.13. EXHIBIT "E" ARCHITECTURAL ELEVATION CONDITIONS 9 . That the windows of the businesses and offices remain unobstructed by signage. 2 . That the metal roof material on Building IV -S be revised to either barrel clay tile, or a canvas awning to match the other proposed awnings on the building. 3. A 200 -foot line of sight survey needs to be submitted for verification for the roof top equipment on Buildings IV -N and V. 4. That the rooftop equipment be relocated to the interior of the roof deck and the requisite line of sight surveys submitted for buildings IIINI- N &VI -S. 5. That a note be added to the plans that indicate light transmission for ground floor glass areas be no greater than 20 %. 6. That at least one building achieves LEED certification. 7. That the developer study screening mechanical equipment that may be visible from the upper floors within the development, and to provide perimeter screening of any visible mechanical equipment from the sides. 8. That the developer modifies the metal awnings on building VI and building IV -S to be more proportional to the building and also to provide additional shutter detailing. 9. That more shutters be provided on Building number VI, not including the interior courtyard areas, just the exterior street - facing elevations and again to work on the proportion of the small metal awnings and overhangs. 10. That the Art Deco building, in the revised elevations, has a lower level glass which is storefront with no simulated mullions and that the stone material is identified with "ST -1." 11. That any tree or tree -like vegetation that is planted in that location (along Seventh Avenue and along Veterans Park) will have a minimum twenty -two foot (22') planted height and that the connector area between building V and building IV -N be one foot (1') back from the building wall of the top floor of the Mediterranean style building. City Commission Meeting on January 21, 2014; Item 9.13. MEMORANDUM TO: Mayor and City Commissioners FROM: Louie Chapman, Jr., City Manager DATE: February 21, 2014 SUBJECT: AGENDA ITEM 5.B. - REGULAR COMMISSION MEETING OF FEBRUARY 24, 2014 CITY'S 2014 LEGISLATIVE PRIORITIES ITEM BEFORE COMMISSION The item before the Commission is discussion of the City's 2014 legislative priorities and issues with the Legislative Delegation. BACKGROUND The Legislative delegation will be present for the February 24th Commission meeting to discuss the City's legislative priorities as they prepare to go into session the first week in March 2014. We are supporting the list of 2014 Legislative Priorities & Issues as presented by the Palm Beach County League of Cities, Inc. The formal document is attached for the Commission's reference. However, staff is recommending the Commission focus the discussion on the following items: 1. Residential Sober Houses: Support legislation that defines and establishes minimum regulatory standards for sober home facilities and allows for more stringent local regulations of these facilities. In particular, we support Senate Bill 582, proposed by Senator Clemens and House Bill 479, proposed by Representative Bill Hager. 2. Mandates: supports the League's position to recommend a moratorium on mandates of any kind during the 2014 legislative session. 3. Economic Development & Workforce Training: Support legislation dedicating state economic development resources towards small businesses as presented by the League. The City would like to add the inclusion of Enterprize Zones to this category. 4. Communication Service & Local Business Tax: Support legislation that protects the general revenues collected from communications services tax and the local business tax receipts, which are used to provide services to citizens. We agree that municipalities have absorbed significant increases in operational costs while receiving less tax revenues. 5. Housing & Small City CDBG Policy: The City will support legislation directing the State's housing trust fund monies be used exclusively for funding existing local government affordable housing initiatives, specifically, the State Housing Initiative Partnership Program (SHIP) established under the William E. Sadowiski Affordable Housing Act (trust fund). 6. Vacation Rentals: Supports the League's position to support legislation that repeals the state preemption of the regulation of vacation rental properties in order to allow local governments to regulate such properties to protect the health and welfare of their residents, visitors and businesses. 7. Beach Management: Supports the League's position to appropriate the $30 million annual doc stamp tax revenue to the Ecosystem Management and Restoration Trust Fund for beach preservation and repair. 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O . p p 7— c, o 4: s. ° UGC r~/1 oo Uc U� bA U' C o y C lu y p to cl U .a 0 0 U w 0 O .y �H ^�O U h U w O a T U a MEMORANDUM TO: Mayor and City Commissioners FROM: Tracie Lutchmansingh, P.E., Assistant City Engineer Randal Krejcarek, P.E., Director of Environmental Services THROUGH: Louie Chapman, Jr., City Manager DATE: February 12, 2014 SUBJECT: AGENDA ITEM 8.A. - REGULAR COMMISSION MEETING OF FEBRUARY 24, 2014 ACCEPTANCE OF A RIGHT -OF -WAY DEED /1010 HIBISCUS LANE ITEM BEFORE COMMISSION The item before the City Commission is approval of a right -of -way dedication along N.W. 6th Avenue from Adam F. Weil for the property located at 1010 Hibiscus Lane. BACKGROUND The City currently owns the east 25 -feet of N.W. 6th Avenue between N.W. 11 Street and Hibiscus Lane. The west 25 -feet is currently owned by the owners of the properties located at 1098 Hibiscus Lane (aka 602 N.W. 11th Street), 1010 Hibiscus Lane, and 920 Hibiscus Lane. A location map is attached regarding the homes involved in the dedication along N.W. 6th Avenue. Pursuant to LDR Section 5.3.1(D), additional rights -of -way is being taken to provide a public street for right -of -way and utility purposes. Based on the location of the existing travel lanes and a landscape island that runs through the center of N.W. 6th Avenue, a dedication of 10 -feet from 1010 Hibiscus Lane is sufficient. The "Dedication Location Map" is attached for 1010 Hibiscus Lane and in reference to all the dedications required along N.W. 6th Avenue to provide adequate public access, especially for the home owners that already utilize N.W. 6th Avenue. RECOMMENDATION Staff recommends approval of the right -of -way dedication. Prepared by and RETURN: City Attorney's Office 200 N.W. IA Avenue Delray Beach, Florida 33444 PIN # RIGHT-OF-WAY DEED THIS INDENTURE made this day of 2014, between ADAM F. WEIL, a married man, joined by his spouse DAWN M. WEIL, witha mailing address of 1010 Hibiscus Lane, Delray Beach, FL 33444, as party of the first part and CITY OF DELRAY BEACH, FLORIDA, a Florida municipal corporation with a mailing address of 100 N.W. 1st Avenue, Delray Beach, Florida 33444, as party of the second part. WITNESSETH: That said party of the first part, for and in consideration of the mutual promises herein contained and other good and valuable consideration, does hereby grant, remise, release, quit claim and convey unto the party of the second part, its successors and assigns, all right, title, interest, claim and demand which the party of the first part has in and to the following- described land, situate, lying and being in the County of Palm Beach, State of Florida, to -wit: See Exhibit "A" attached hereto. This Deed is made for the purpose of giving and granting to the party of the second part, its successors and assigns, a right -of -way and easement in and to said lands for public highway, street, and public utility purposes and the maintenance thereof, and is made, executed and delivered with the express understanding and condition that should the same ever be discontinued or abandoned as a public highway or street, the title to same shall thereupon revert to and revest in the party of the first part or assigns, except that the easement for public utility purposes shall remain until released. That this right -of -way shall be subject only to those easements, restrictions, and reservation of record. The party of the first part agrees to provide for the release of any and all mortgages or liens encumbering this right -of -way. The party of the first part also agrees to erect no building or effect any other kind of construction or improvements upon the above - described property. Party of the first part does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever claimed by, through or under it, that it has good right and lawful authority to grant the above - described right- of-way and Et that the same is unencumbered. Where the context of this Right -of -Way Deed allows or permits, the same shall include the successors or assigns of the parties. TO HAVE AND TO HOLD THE SAME, together with all and singular the appurtenances thereto belonging or in anywise incident or appertaining, and all the estate, right, title, interest, and claim whatsoever of the said party of the first part, in law or in equity to the only proper use, benefit, and behalf of the said party of the second part, its successors and assigns. IN WITNESS WHEREOF, said party of the first part has hereunto set their hand and seal the date first above written. Signed, sealed and delivered 1. I. (Name printed or typed) STATE OF FLORIDA COUNTY OF PALM BEACH PARTY OFJHKIPST P. ; /",:. W a M 1010 Hibiscus Lane Delray Beach, FL 33444 l MMMMI� ,►_ 1 % 1. 1010 Hibiscus Lane Delray Beach, FL 33444 The foregoing instrument was acknowledged before me this � 2, day of 2014, by ADAM F. WELL and DAWN M. WEIL, who are personally known to me or has p oduced L ,v as ide tafzcation. �i 11 .......... •tPµr n�� GERZE.L WKWO Noury PIS . a" g oftufto * pCOM. Ex AIR ii. $m L� 0 it $No My Commission Expires: 2 t,�of Notary Public - of Florida Printed Name of Notary !� Luot kk 'r�Jtl M Lp r - - -__ 949A Clint Moore Road SURVEYING & MA P P I N G Tel: {561) 241 -9988 Boca Raton, Florida 33487 Certificate of Authorization No. LB7264 Fax: (561) 241 -5182 {- * v r..._. �`� AND I �� E� DESCRIPTION (NOT A SURVEY) NW E ' AVEI - RNGHT-OF-WAY F LEGAL DESCRIPTION THE EAST 10.00 FEET OF THE NORTHWEST ONE- QUARTER OF LOT 2 IN SECTION 8, TOWNSHIP 4.6 SOUTH, RANGE 43 EAST, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, IN PLAT HOOK 1, AT PAGE 4 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LESS AND EXCEPT THE NORTH 125.00 FEET THEREOF,ALSO LESS AND EXCEPT THE SOUTH 20.00 FEET THEREOF, SAID LANDS SITUATE IN THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA, AND CONTAIN 1889 SQUARE FEET, MORE OR LESS. NOTES 1. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 2. NO SEARCH OF THE PUBLIC RECORDS WAS MADE IN THE PREPARATION OF THIS SKETCH AND DESCRIPTION 3, BEARINGS SHOWN HEREON ARE BASED ON THE ''COLNON SUBDIVISION RFPLAT ", WITH THE SOUTH LINE OF LOT 1 BEARING SOUTH 89° 14'36" WEST. _j NW 11th STREET z w Q W r w ASBR VV ATIO S )CATION MAP NOT TO SCALE L ARCLENGTH CONC. CONCRETE COR� CORNER D DELTA (CENTRAL ANGLE) D.E. DRAINAGE EASEMENT I.R. IRON ROD I.R.C. = IRON ROD AND CAP L.B. = LICENSED BUSINESS L.S. LICENSED SURVEYOR VON. = MONUMENT 0°R.B. OFFICIAL RECORDS BOOK P.0.8. POINT OF BEGINNING P.O.C. POINT OF COMMENCEMENT P:R. PLAT BOOK P,B. C R. PALM BEACH COUNTY RECORDS PG. = PAGE P.S.M. = PROFESSIONAL SURVEYOR G MAPPER R/W = RIGHT°OF —WAY UDEa UTILITY EASEMENT CERTIFICATION ]HEREBY CERTIFY THAT THE SKETCH AND DESCRIPTION SHOWN HEREON COMPLIES WITH MINIMUM TECHNICAL STANDARDS AS CONTAINED IN CHAPTER 5J- 17.051, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES, AND THAT SAID SKETCH AND DESCRIPTION IS TRU ND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS P ARED UNDER MY DIRECTION. s J APP— _____ -___ VEYOR AND MAPPER FLORIDA LICENSE NO. LE5111 Proleot Name: 1001 HIBISCUS LANE JOB No. 13126 P1VO BY: _JSI-I cK-n Bv: JEK DATE: 2/3/2014 SHEET 1 OF 2 30' PUBLIC R/W / I {P.D. 23, PG, 192, P.B.C.R.) N. LINE LOT 2-- 25' PUBLIC R/W DEED--' /'(D.B. 868, PG. 73, P.B.C.R.) II II e I N N PORTION OF o NW' /4LOT 2 SECTION 8 -46 -43 (P.B. 1, PG. 4, P. B. C. R. 4 z WARRANTY DEED ; w (O.R.B. 25070, PG. 116, P.B.C.R.) z I J I I w I i I f I N89° 18'48 'E I I 25' INGRESS- EGRESS ', co EASEMENT ___,� co (D13 722, PG. 562) E 00 (DB 918, PG. 436) PORTION OF NW /BLOT 2 SECTION 8 -46 -43 ; N (P.B. 1, PG. 4, P.B.C.R.) Ln WARRANTY DEED I o (O.R.B. 25301, PG. 1361, P.B.C.R.) a I � I � I I I I Ii} N � d- I I w� I � _ LOT 1 ° "COLNON SUBDIVISION REPLAT" (P.D. 96, PGS. 111 -112) P 15' U.E. ( I a (ORB 7208, PG. 484) - 20' INGRESS- ECRESS 43------------------- - --Li; ®� EASEMENT — WSCUIS LANE } /(DR 1110, PG. 661) 3—j__ —0' INGRESS - EGRESS SWY4 OT 2 SECTION- 8-146-43-- - EASEMENT- -� - - -- RB 3598 PG. 698) Oae No. 13125 P,ojeet Kc at 1001 HIHISCUS LANE DWG w: CK T BV. ii Ell I q E E --- 60' PUBLIC R/W (P.B. 23, PG. 192, P.B.C.R.) hq- LOT 3 BLOCK 5 LLj m _ n- Nw rri �m LOT 2 BLOCK 5 oo o ''AMENDED PLAT OF co LAKE IDA GARDENS'' 00 Ln (P.B_ 23, PC. 192, P.B.C.R.) N �f7 U a z LOT 1 BLOCK 5 S89.0 14'36 ''W 10.00' WITSE' /4LOT 2 SECTION B -46 -43 (P.B. 1, PG. 4, P.B.C.R.) I =4U 2/3/2014 SHEET 2 OF 2 02- 05- 14,15:44 From: To:737 -9938 ,5613673140 # 3l 3 Adam Fail 10 10 Hibiscus mane Delray Beach, FL 33444 January 15, 2014 . Mark 'McConnell. City of D61ray Brach Department of Planning aid Zoning 100 Nov l m Ave. Delray 9=h, : FL 33444 Ra: NW 6c4 Avenue Dear Mark; Please be advised that I wish to dedicate that portion. of NW Ef' Avenuo which is depicted to the attached. sketch and description, which :is owned by me, to the City of Delray Beach -as a right -of -way. Please proceed accordingly. Very tnily yob, dam V' eil �7 �I i Z O H Q U O J .� 4 ,L 1 anuany Lug MN - ? !r N CD O •- t3 jal- - 4m A h5T,- t -L c N7 M) 0 Z- oc�7 -7.Qo mi'%� M 30'.PUBUC /,,-'f.P.!E3- 23, P.G. 192, P.3.C.R-) N- LINE LOT 2 NW 11TH STREET :51:PLJSLIC R-1W -D.F-EO 50° PUBLIC R/W -B- B68, PG.. 73, PB.C.r-) 23, FG- 1092, S89� 1B'48"W---,'- I. 14 10.00, 1 0 Z-) PQRTjQN --OF IOWl/,LOT 2 SECTION B-46-43 LOT WARRANTY DEED C14 i Ln to BLOCK 5 (-C.R.137 25070, PG, '11.6, P-8.C.R-) I -E 0 4 0 Z Tis c 0A LIJ P [If PORTTON -DF 0 cc ©9a� N W 114 0 T 2 wz Li z a- ul 3� SECTION 8-48-43 -a- > (R.B. 1. 1'G_ 4., P.S. C - R LL co < WARRANTY DEED (0-R-B-, 253.01, PG-- 1351, P,B.c.-pl-) [if z CD cc LOT 1 "COLNDN SUBDIVISION REPLAT" (P.B, S6, pcs- *M-1712') " m LCT 1 BLOCK 5 15' U,'E- MR3 7208, PG.. 484Y] —2OLINGRESS-EGR1SS-4-1--.-- - ------- 611W 110.00, / EASEMENT 'HIBISCUS LANE /ODB 111.0, PG- -562 1-_ 'INGRESS-E'�7RESS 1 WV2SEVALOT 2 SWY -2- SECTION 8-46 �-L-017 --EASEMENT-�--:7�--j SECTIDI� -4-6-43 . 8 772F,7��J�.-R---)- T5n. (nRB 3598, PG. ---- (P.(.. 1, PG. 4, P.-B-C.R.) JOB we. B-126 Pro) ecrt wcm . M01 HIBISCIJS LAME I WIG BY-1 ,ASH 4D' RK3H7-OF—WAY DE:)CATION5 ON N.W. 6TH AVENUE CK'b UYT jD11 �Lr 3/2014 1 SHEET I -OF 1 MEMORANDUM TO: Mayor and City Commissioners FROM: Tracie Lutchmansingh, P.E., Assistant City Engineer Randal Krejcarek, P.E., Director of Environmental Services THROUGH: Louie Chapman, Jr., City Manager DATE: February 12, 2014 SUBJECT: AGENDA ITEM 8.B. -REGULAR COMMISSION MEETING OF FEBRUARY 24, 2014 ACCEPTANCE OF A RIGHT -OF -WAY DEED/ 920 HIBISCUS LANE ITEM BEFORE COMMISSION The item before the City Commission is approval of a right -of -way dedication along N.W. 6th Avenue from Brett R. Kaye for the property located at 920 Hibiscus Lane. BACKGROUND The City currently owns the east 25 -feet of N.W. 6th Avenue between N.W. 11 Street and Hibiscus Lane. The west 25 -feet is currently owned by the owners of the properties located at 1098 Hibiscus Lane (aka 602 N.W. 11th Street), 1010 Hibiscus Lane, and 920 Hibiscus Lane. A location map is attached regarding the homes involved in the dedication along N.W. 6th Avenue. Pursuant to LDR Section 5.3.1(D), additional rights -of -way is being taken to provide a public street for right -of -way and utility purposes. Based on the location of the existing travel lanes and a landscape island that runs through the center of N.W. 6th Avenue, a dedication of 25' x 20' from 920 Hibiscus Lane is sufficient. The "Dedication Location Map" is attached for 920 Hibiscus Lane and in reference to all the dedications required along N.W. 6th Avenue to provide adequate public access, especially for the home owners that already utilize N.W. 6th Avenue. RECOMMENDATION Staff recommends approval of the right -of -way dedication. Prepared by and RETURN: City Attorney's Office 200 N.W. Ist Avenue Delray Beach, Florida 33444 PIN # RIGHT -OF -WAY DEED THIS INDENTURE made this 11 day of Fe1NvIW I , 2014, between BRETT R. KAYE, an unmarried man, with a mailing address of 920 Hibiscus Lane, Delray Beach, FL 33444, as party of the first part and CITY OF DELRAY BEACH, FLORIDA, a Florida municipal corporation with a mailing address of 100 N.W. Ist Avenue, Delray Beach, Florida 33444, as party of the second part. WITNESSETH: That said party of the first part, for and in consideration of the mutual promises herein contained and other good and valuable consideration, does hereby grant, remise, release, quit claim and convey unto the party of the second part, its successors and assigns, all right, title, interest, claim and demand which the party of the first part has in and to the following- described land, situate, lying and being in the County of Palm Beach, State of Florida, to -wit: See Exhibit "A" attached hereto. This Deed is made for the purpose of giving and granting to the party of the second part, its successors and assigns, a right -of -way and easement in and to said lands for public highway, street, and public utility purposes and the maintenance thereof, and is made, executed and delivered with the express understanding and condition that should the same ever be discontinued or abandoned as a public highway or street, the title to same shall thereupon revert to and revest in the party of the first part or assigns, except that the easement for public utility purposes shall remain until released. That this right -of -way shall be subject only to those easements, restrictions, and reservation of record. The party of the first part agrees to provide for the release of any and all mortgages or liens encumbering this right -of -way. The party of the first part also agrees to erect no building or effect any other kind of construction or improvements upon the above - described property. Party of the first part does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever claimed by, through or under it, that it has good right and lawful authority to grant the above- described right-of-way and that the same is unencumbered. Where the context of this Right -of -Way Deed allows or permits, the same shall include the successors or assigns of the parties. TO HAVE AND TO HOLD THE SAME, together with all and singular the appurtenances thereto belonging or in anywise incident or appertaining, and all the estate, right, title, interest, and claim whatsoever of the said party of the first part, in law or in equity to the only proper use, benefit, and behalf of the said parry of the second part, its successors and assigns. IN WITNESS WHEREOF, said party of the first part has hereunto set their hand and seal the date first above written. Signed, sealed and delivered in t presence of: rc*i u-)� G (Name printed or typed) (Name printed or typed) STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was 2014, by BRETT R. KAYE, w (.O L At 2W L7 8a - Vie! ' -a99-as identification. My Commission Expires: 1 -1a ' 901 920 Hibiscus Lane Delray Beach, FL 33444 acknowledged before me this l day of 1,o are personally known to the or has produced r6w-�JooA4� Signa of Notary Pub 'c - State oT Florida Printed Name of Notary �pS'11y P"ae, PATTY ELDREDGE 2 * * MY COMMISSION # EE 834601 EXPIRES: September 12, 20, �I"r OF 11114' Bonded ThN Budges Notary Servio t O sX e- 949A;URI: wTe Read B ,Ra�x �F'�ii�ds .338'7: SKETCH AND LEGAL DESCRIPTION NOT 4 WRVS LEGAL DESCRIPT10M A R.Or 7IEIl :O LQT 7 "COLNO aU[�aIVIS QN R, ACCORDIN.O TO THE 'PLAT THEREOF, AS RECORDED IN PLA1 BOOK '96 AT PAGES 111 ANE). 112 GF TI ?E_ pVjT.L1c RECORDS Of PAL A4i BEACIA �flUNTY RLURIDA, B.EING MORE PA . MULARL.Y bE.S RfBEO A Ffl LC:s tz BEGINNING. AT THE SOUTHEAST CQRNIER 'r SAID LOOT l)- T1-IE1 .E SOUTH 8:c9,b 146 ',' WEST, ALONG:. THE S:OUT.H LINE OF SAI) L-01 1, A DIS "rANCE ,QF t;.Q.: FEET :.:HENCE TJbRTH 0,¢O1`: X EST., A QCTANCE OF 20( 00 FEET; THENCE NORTH 8-9`14'35" EAST , LONG F F` NORTH LINT OF :SAID .LOT 1, A MST, NCE OF 2..00 FEET- FNCL SOUTH 01° 01' " .EAST,. ALONE T,HE EA5'' 'L €N OF SAIO LOT 1, .A -:DISTANCE OF 2.3_00 FEET TO' THE POINT OF BEGIN INN, - SAIQ 'L. ivl SIT. ,,ATE IN 'THE COY OF IEYELRAY _BEACH, PALM BEACI-i' COUNTY. FLORID, AND CONTAIN 50C} SQUARE- E;EET MORE 4R LESS— �CER # IRCWTION i t ,I REB Y C RTIF Y 73 ik T Ti 3E SK T A,% I�� t�TlC; k s HEREON GC1Iv9PLIE.S WITH MIMMUM TECH. iGAL STANDAR€ S A5 CONTANED IN CHAPTER- -i 17,D51 FLORIDA ADMIM-ST'RATIVE' CME._RuRSUANT TD SECT10N 472.027, FLL)€ IDA STAVT�S :ANA )i TFIAT 5' -b S1CFT.C}I AND DESCRIPTION aS TRUE AOD GO'R Ir kN 11� 18( iLE7GE D :BT#:IEF AS 'PREPARED _WDER X Y AW,- ECTION, JEFF S,: AMAPP - -- SURVEYOR AMID MAPP1~R_ f�LQRt ©� LICENSE l�tt): L:Sa.1:�a AaawvlA'TII,ONS'. L_ pieuuNE:T13 CONC.. ;4 d €21 IF �0� • = C,ORnIE R i lk ; 4: IEUT' ( CENTRAL MOLE) VRAIAtAGE FAS idENT 1. RE-PRODUCT Dk1GT]C)I�S OF T (f S. S10E (GH ARE NOT VP:.C.D 1 _R r RON R4© �hHHOUT THE' SIGPIATURE AND THE OkIt' NAL RAISED i R.C. - tROnt R�4 ;at�a cnt� SEAL 2s A F LO.RIDA FIC,ENSLD S.TRVFYOR AND 'V.APF?F R. L g= L.S, L CCENSED auS fE$S LJC- ENSIF6 :StigVEYOR.. .2 NO SZAFtit QF THE PUBLIC R;EtORDS -WAS MADE ONt _ ra6ta�t�Fr�T IN THE.. PRfP,ARATt8N OF THIS SKETCDH ANb ;DESGRlPT #.()N;:. fl � � OFF 1t-1 AL REcctpDS Resit 3:. €3�AMws.:S1iCTWh REREON ARE BASED ON T P 4, t3: POINT of .�SCTr(�t:l�fc "GOLNOt SitL t1�a51C31! FREP�.AT'` WITH T1-1L- So11TH LINE f' 6.:C. - � H. POINT 'DF ;C VACt4C 1U;i PEAT V LOT 1 BEFM1RING SOl1Th &x.14 36'' %[EST -. � II,c:R.. R BOOK. p��l. Bf nc� c�lirxtY. Lei us. PALM: PROFE5STONAL s� YbR 8 mAppZR i l S R iDyff -DF °.15 4Y, . ?_ti71 (TY- F:ACFkh7T �CER # IRCWTION i t ,I REB Y C RTIF Y 73 ik T Ti 3E SK T A,% I�� t�TlC; k s HEREON GC1Iv9PLIE.S WITH MIMMUM TECH. iGAL STANDAR€ S A5 CONTANED IN CHAPTER- -i 17,D51 FLORIDA ADMIM-ST'RATIVE' CME._RuRSUANT TD SECT10N 472.027, FLL)€ IDA STAVT�S :ANA )i TFIAT 5' -b S1CFT.C}I AND DESCRIPTION aS TRUE AOD GO'R Ir kN 11� 18( iLE7GE D :BT#:IEF AS 'PREPARED _WDER X Y AW,- ECTION, JEFF S,: AMAPP - -- SURVEYOR AMID MAPP1~R_ f�LQRt ©� LICENSE l�tt): L:Sa.1:�a 30 PJ8UC- R /lei ;SE,C 7 ef 8-'46 -43 . WARRANTY ;DEED PORTION �F WARRANTY PEED (O R,B, .25,3M, F'G. 136:1, P_'B:'C.:R_;) N89' 14'36"E 2.5:. L4T 1 COL . N SUB D1 -'V 153CL W REPLAF 15'7 £_ .QRa 72D8, PG. 4.945-1' 661 HIBISCUS LANE .I M STREET . 69 UBLIQ_. RAW (P B -23 PG,. P B C .. OP" C" wit Ja j IIIGj IN .1, Y ?. 1 LOT 3 f: s; BLL3,�K r � b-! l P. { I I I f2 F.tI) LOT 2 BL.iK 5 Lu I I "A�tct�'t>�ED S1 PLAT OFF arj r� .. LASE 'O.A GAFD.ENS` . SS (P -8, 23, FG_ 192, F,B C,i2..) i z I 1 Lc1 LL hhrrff�� 3Si te�lr 1 i ;rl+J.t:l� °',r0152� W - L�3.Vi.7 rt. ✓ ''.P 0 S E. G -ORI,i)V F R. LOT 7 SUBDIVISION Rp RES W f2SEI /ILGT :ET.7iiJi 8-46' 43 $E- 'B.tly+ JEK: on E.c 12 -23 2{373' 5efEET: 2 OF Lol s Bret Kaye 92:0 'Hibiscus Zane Delray Beach, FL 33444 January I5., 20.14 Mark.Mccuszne l City of Delray Beach .Department af_ir Wning:and Zoning I0-0 NW I.st Ave: Delray Beach, FTC :33444 RE: NW.:6'.A`venue Dear .Mark:. Please.be.advised that I wash, to dedicate ttiat:portion of NW 6`' ,Avenue which is depicted in the attached :sketch and - description, which is owned by me, to the City of Delray Beach as a right-of-Way. Please proceed accordingly, Wry tr 0. yours, Brett Kaye �7 �I i Z O H Q U O J .� 4 ,L 1 anuany Lug MN - ? !r N CD O •- t3 jal- - 4m 3 0' PUBLIC R.>/ W r F �P.'B. 23, PG. 19-2, P.B.C.R,) r- N, LINE LOT 2 .25`-pUBLIC IR /W D1<ED B6B, P.G. 73, P_B_C.R.) 5890 18,48." " - `.- 10-00, PORTION OF NWl /SLOT 2 SECTION B- 46 -43 ; CP.B_ 1, PG. 4, P.B.C.R.) WARRANTY DEED � (D -R_B, 25070, PG, 116., P_B -C.R_) r F r i r ' A j NW ilTH STREET 1 (P.B. 23, PG. 192, P_B.C.R.) �1jI�'� DD I� -3 % zn 0 3 a 006 z z ----- _ =- - - -- - EASEMENT 'HIBISCUS LANE f`.CDB 1110, -PG. 561) X10' INGRESS - SW C PL T �� SE`C-rION 8 -'4+£ -43 F_EASE*AENT (P.8. 1, PG.44, -P_B. - -) f�ORR 3598.. PG. VWG 9Y, l^ U >s <�� Lp�C� Z � LOT ;3 BLOCK 5 LOT 2 BLOCK 5 "AMENDED PLAT OF LAKE IDA GAR -DENS" .P.B_ 23, PG. 19:2, P.B.C.R.) �� \t�0% J � Ytl� A Q C�2 fl ��5 ul.s A ''/2l/4 L OT 2 SECTION 8- 46 --43 1, PG. 4, I t 9 i E r� I I jl I I _ I ilk C cl CC) I UJ co PORTION .OF I 01- -`��; iNW1 %'LOT 2 CD 6,j S.ECTIOM 8- 4.6 -43 CY, -o- I (P B, 1, PG. 4, P.E,C.R.) to WARRANTY DEED��rn 253.01¢ PG; 1361, P.B.C.-R-) z na i I r I l„ r : in N a � i. Lq.a- i co LCT I "DOLNDN SUBDIVISION k RE-PLAT"'M o.B. 95, PC5- ill -11 z� f o 15' U.E- .. .(ORB 7.20B, PG,. 484) �'•, ; y ----- _ =- - - -- - EASEMENT 'HIBISCUS LANE f`.CDB 1110, -PG. 561) X10' INGRESS - SW C PL T �� SE`C-rION 8 -'4+£ -43 F_EASE*AENT (P.8. 1, PG.44, -P_B. - -) f�ORR 3598.. PG. VWG 9Y, l^ U >s <�� Lp�C� Z � LOT ;3 BLOCK 5 LOT 2 BLOCK 5 "AMENDED PLAT OF LAKE IDA GAR -DENS" .P.B_ 23, PG. 19:2, P.B.C.R.) �� \t�0% J � Ytl� A Q C�2 fl ��5 ul.s A ''/2l/4 L OT 2 SECTION 8- 46 --43 1, PG. 4, I MEMORANDUM TO: Mayor and City Commissioners FROM: Tracie Lutchmansingh, P.E., Assistant City Engineer Randal Krejcarek, P.E., Director of Environmental Services THROUGH: Louie Chapman, Jr., City Manager DATE: February 7, 2014 SUBJECT: AGENDA ITEM 8.C. - REGULAR COMMISSION MEETING OF FEBRUARY 24, 2014 ACCEPTANCE OF A RIGHT -OF -WAY DEED /1098 HIBISCUS LANE ITEM BEFORE COMMISSION The item before the City Commission is approval of a right -of -way dedication along N.W. 6th Avenue from Elaine Lewis for the property located at 1098 Hibiscus Lane (formerly 602 N.W. 11th Street). BACKGROUND The City currently owns the east 25 -feet of N.W. 6th Avenue between N.W. 11 Street and Hibiscus Lane. The west 25 -feet is currently owned by the owners of the properties located at 1098 Hibiscus Lane (aka 602 N.W. 11th Street), 1010 Hibiscus Lane, and 920 Hibiscus Lane. A location map is attached regarding the homes involved in the dedication along N.W. 6th Avenue. Pursuant to LDR Section 5.3.1(D), additional rights -of -way is being taken to provide a public street for right -of -way and utility purposes. Based on the location of the existing travel lanes and a landscape island that runs through the center of N.W. 6th Avenue; a dedication of 10 -feet from 1098 Hibiscus Lane is sufficient. The "Dedication Location Map" is attached for 1098 Hibiscus Lane and in reference to all the dedications required along N.W. 6th Avenue to provide adequate public access, especially for the home owners that already utilize N.W. 6th Avenue. RECOMMENDATION Staff recommends approval of the right -of -way dedication. Prepared by and RETURN: City Attorney's office 200 N.W. lst Avenue Delray :Beach.:Florida 33444 PIN 4 RIGHT -CIF -WAY .DEED THIS INDENTURE made this ALL ° day of r _ 2014, between ELAINE LEWIS, an unmarried woman, with a mailing_ address of 1608 Hibi cus Lane (formerly 602 NW 111b. St.); Delray Beach, .FL 33444. as party of the first part and CITY OF DELRAY BEACH' FLORIDA, a Florida municipal corporation with a nailing address of 100 N.W. 1st Avenue, Delray Beach, Florida .33444, :as party of the second part. WI,I N.ESSETH, That said party of the first part, for and in Consideration of the mutual. promises .herein contained and other goad and valuable consideration, does hereby grant, remise, release.; quit claim and convey unto the party of the second part, its successors and assigns, all right, title, interest, claim and demand which the party of the first part has in and to the following - described laird, : situate, lying and being in the County of Palm Beach, State of Florida, to -wit: See Exhibit "A" attached hereto. This Deed is made for the purpose of giving and granting to the party of the second part, its successors and assigns, a right-of-way and easement in and to said lands for public highway, street, and public utility purposes and the maintenance thereof; and is made, executed and delivered with the express understanding. and condition that should, the same ever be discoritinued or abandoned as a public highway or street, the title to same shall thereupon revert to and revert in the party of the first part or assigns,. except that the eascment.for public utility. purposes shall remain until, released. That this rightrof -way shall be subject only to those easements, restrictions, and. reservation of record. The party of the first part agrees to provide for the release of any and all mortgages or liens etrcumbering this right -of -way. The party of the first part also agrees to erect. no building or effect any other. kind of construction or improvements upon the above - described property. Party of the first part does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever claimed by, through or under it, that it has good right bird lawful authori to grant the above-described -rig ht -af way and that the same is unencumbered. Where the context of this Right-of-Way Deed allows or permits, the same shall include the successors or assigns of the parties. TO .HAVE AND TO HOLD THE SAME, together with all and singular the appurtenances thereto belonging or in anywise incident or appertaining, and. all. the estate, right, title; interest; and claim whatsoever of the said party of the first part, in law or in equity to the only proper use., benefit, and behalf of the said party of the second part, its successors and. assigns. IN WITNESS WHEREOF, said party of the first. part has herew -1to set their hand . and seal the date first above written. (Narne printed or typed) STATE OF FLORIDA COUNTY OF PALM BEACH PARTY OF THE FIRST PART 4itE—�WIS 1098 Hibiscus Larne Delray Beach, FL 33444. The foregoing instrument was acknowledged before me this day of 2014; by ELAINE, LEWIS who is Personally known to m or has produced as zdenla Fican %i�gnature of Not ublic - State of Florida 1..�_ Printed Name ofNota y My Commission Expires- � CAROL J. FREEST f Commission # EE 0 &7542 � Expires May 26, 2015 �fo{ .. ;,s Banded 7hru 7royFain lnsuranrea0p -385,7019 14 JE 949A Clint Moore Road SURVEYING &MAPPING Tel: (561) 241 -9988 Boca Raton, Horida 33487 Certificate of Authorization No. LB7264 Fax: (561) 241 -5182 SKETCH AND F G r R i P I s, N (NOT A SURVEY) MW 6TH AVENUE F l v LEGAL DESCRIPTION THE EAST 10.00 FEET OF THE NORTH 125.00 FEET OF THE NORTHWEST ONE- QUARTER OF LOT 2 IN SECTION 8, TOWNSHIP 46 SOUTH, RANGE 43 EAST, ACCORDING TO THE PLAT THEREOF ON TILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, IN FLAT BOOK 1, AT PAGE '4 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LESS AND EXCEPT THE NORTH 25.00 FEET THERI:nOF. SAID LANDS SITUATE IN THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA, AND CONTAIN 1000 SQUARE FEET, MORE OR LESS. 1. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, 2. NO SEARCH OF THE PUBLIC RECORDS WAS MADE IN THE PREPARATION OF THIS SKETCH AND DESCRIPTION. 3, BEARINGS SHOWN HEREON ARE BASED ON THE "COLNON SUBDIVISION REPLAT ", WITH THE SOUTH LINE OF LOT 1 BEARING SOUTH 89-14'36" WEST. � "'r i Er:' j Y i -� �; a L NW 17th STREET )CATION MAP NOT TO SCALE L ARCLENGTH CONIC. = CONCRETE CORa = CORNER D = DELTA (CENTRAL ANIGLEI D.E. - DRAINAGE EASEMENT I.R. IRON ROD I.R.C. IRON ROD AND CAP L.B. LICENSED BUSINESS L.S. LICENSED SURVEYOR MON. WNUMENT O.R.B. OFFICIAL RECORDS BOOK P.O.B. POINT OF BEGINNING P.OaCo POINT OF COMMENCEMENT P.B. = PLAT BOOK P.B.C.R. PALM BEACH COUNTY RECORDS PG. PAGE PROFESSIONAL SURVEYOR a MAPPER R/W RIGHT °OF -WAY U.E. UTILITY EASEMENT IHEREBY CERTIFY THAT THE SKETCH AND DESCRIPTION SHOWN HEREON COMPLIES WITH MINIMUM TECHNICAL STANDARDS AS CONTAINED IN CHAPTER 5J- 17.051, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES, AND THAT SAID SKETCH AND DESCRIPTION IS TRUE ANIQ CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIFF AS PREPA -n UNDER MY DIRECTION. JEFF P SUR , "OR AND MAPPER FLORIDA LICENSE NO_ LS5111 Project Name: 1001 HIBISCUS LANE I IDATE1 2/3/2014 Boa No. 13126 1 DWG BY JSH _ CK'D By: JEK I SHEET 1 OF 2 30' PUBLIC IR /W z (P. B. 23, PG- 192, P.B.C.R.) N. LINE LOT 2 _ 25' PUBLIC R/W DI ED /(D.B. 858, PG, 73, P.B.C.R.) S890 18'48 "W-- 90,00' `o PORTION OF NWI /4LOT 2 SECTION 8--46 -43 (P. B. 1, PG. 4, P- B.C.R.) WARRANTY DEED (0 -R.B. 25070, PG. 116, P.B.C.R.) PORTION OF NWI /4LOT 2 SECTION 8 -46 -43 (P, 3, 1, PG. 4, P, B, C.R.) WARRANTY DEED (O.R_B. 25301, PG. 1361, P.B.C.R.) LOT 1 'COLNON SUBDIVISION REPLAT'' (P.B. 96, PGS. 111 -112) 15'U.E. (ORB 7208, PG. 484 - -20' INGRESS - EGRESS y/I---------------------- EASEMENT --- HIBISCUS CU LANE (DB 1110, PG. 661) le M N Lo 0 a a z ® , ` r "; -vY . • 0 (N L 0 0 0 z € i i i i LLI � L U L',J w c� m v) a- CL DA € U, Li � N wUNcc Q a, -w nCD N cL NN �f N € € Lv Cl- 1 3 �CC) N 0 N N O r r € o z € w z J —_ LJ A -- 10' INGRESS - EGRESS SWY4LOT 2 SECTION 8- 46__43_ - -- _EASEMENT- (P.B. 11 PG. 41 f�.Q.C.R.) RB 3598 PG. 698) Boa No. 13125 Project Name: 1001 HIBISCUS LANE owe ar: - I CK T ay: -- 60' PUBLIC R/W (P.D. 23, PG. 192, P.B.C.R. All r! J LOT 3 BLOCK 5 LOT 2 BLOCK 5 "AMENDED PLAT OF LAKE IDA GARDENS" (P.O. 23, PG. 192, P_B.C.R -) LOT 1 BLOCK 5 W' /2SE' /LOT 2 SECTION 8- -46 -43 (P.B. 1, PG. 4 -, P.B.C.R.) SCALE: DATE: 2/3/2014 1 SI -iFFT 2 CH Elaine Lewis 1099 Hibiscus Lane Delray Beach, FL 33444 January .l5, 2014 Mark McConnell City ofDelray Beach Department of Planning and Zoning 100 NW 15Ave, Delray Beach, FL 33444 Re: NW 6h Avenue Dear Mark: Please be advised that I wish to .dedicate the poon of 3NTW 6th Avenge which is depicted in the attached sketch and description, which is owned by rnc, to the City of Delray Beach as a Tight-of-way. Please proceed accordingly, Very truly yours, Elaine Le Aris S �7 �I i Z O H Q U O J .� 4 ,L 1 anuany Lug MN - ? !r N CD O •- t3 jal- - 4m 3D'PUS-UC R/W %P.'P. 23, P.G. 1132, F,9 -C -R.) - �� -�N- LINE LOT 2 - �5',A111�LIC 868, PG.. 73, P..B.C.R -) 589 18'x$ "til!u - �" 10.00, E co cc o6 a PORTION OF 0W'%4LOT 2 SECTION B- -45 -43 a ,fP-9z 1, PG. 4, P.B.0 -U _ WARR.MT'Y DEED I � _ il3 (D.fR.B_ 25{)70, PG. 116, P_B,C -R -) ` G FD z z 0 ' 1 I !I - -20'- INGRESS- EGRES'S-7 --J-- .- - ----- EASEMENT HIBISCUS LANE j �`�DS 1.1101, PG. S61) - 1Cl' Il�1GF2ES5 —E" ESS SW.!fYLT SECTION 8= '4__�3 __—FpSEivIENT- - -�3RB 3598., PG. 698) JOB N6- 13126 ProlecF Komar 1001.HIBISCl1S LANE DAG RIGHT- OF -WAY DEMCATIDNS ON N.W. ETH AVENUE Ok-D rl�E 00 1 ^ LLI z m Ili >s < Ls L 7 cv cl- IW 11 TH STREET �..0' PUBLIC :R /W PG. 192, P- B.C.P_ I ,fill 4 c , CAX S LwfNe LOT .2 BLOCK 5 "AME:NDETD PLAT OF LAKE IDA GAR-DENS" (.P.3. 23, PG. 192, P.B.C.R.) LOT 3 y BLOCK 5 L SB9° 14'35 "'W 10..00' W!/2SE'. /4LOT 2 SECTION 8 -46 -43 cp.B. 1, PG. 4, .P.B -C.R -) [E7t I nnTE, 293/2014 1 DEEET 7 DF 1 Ly®ct Amoo N � I t t-; 'I I I t I Csl PORTION OF LLJ 1 WI/4'LOT 2 SEC70N 8- 4.6 -43 cn�� I L PG. 4, P.B -C -R.) � NTa WARRANTY DEED <�rn (O.R. -B_ 253.01, PG: 1361, P.B.C:R -) r,l � I r I r i in a � a cc LOT 7 " CO:LN011 SUBDIVISIDN REPLAY" 4P.8. �96, PGS_ M -112 a 15' U.E. ( O-RB 7208 PG. 484) ,,. ' 1 I !I - -20'- INGRESS- EGRES'S-7 --J-- .- - ----- EASEMENT HIBISCUS LANE j �`�DS 1.1101, PG. S61) - 1Cl' Il�1GF2ES5 —E" ESS SW.!fYLT SECTION 8= '4__�3 __—FpSEivIENT- - -�3RB 3598., PG. 698) JOB N6- 13126 ProlecF Komar 1001.HIBISCl1S LANE DAG RIGHT- OF -WAY DEMCATIDNS ON N.W. ETH AVENUE Ok-D rl�E 00 1 ^ LLI z m Ili >s < Ls L 7 cv cl- IW 11 TH STREET �..0' PUBLIC :R /W PG. 192, P- B.C.P_ I ,fill 4 c , CAX S LwfNe LOT .2 BLOCK 5 "AME:NDETD PLAT OF LAKE IDA GAR-DENS" (.P.3. 23, PG. 192, P.B.C.R.) LOT 3 y BLOCK 5 L SB9° 14'35 "'W 10..00' W!/2SE'. /4LOT 2 SECTION 8 -46 -43 cp.B. 1, PG. 4, .P.B -C.R -) [E7t I nnTE, 293/2014 1 DEEET 7 DF 1 Ly®ct Amoo N � MEMORANDUM TO: Mayor and City Commissioners FROM: Tamara Genius, Plan Reviewer Tracie Lutchmansingh, P.E., Assistant City Engineer Randal Krejcarek, P.E., Director of Environmental Services THROUGH: Louie Chapman, Jr., City Manager DATE: February 4, 2014 SUBJECT: AGENDA ITEM 8.D. - REGULAR COMMISSION MEETING OF FEBRUARY 24, 2014 REQUEST FOR A SIDEWALK DEFERRAL /115 N.W. 16TH STREET ITEM BEFORE COMMISSION This item before Commission is the approval of a sidewalk deferral for the property located at 115 N.W. 16th Street (formerly known as 1607 N.W. 2nd Avenue). BACKGROUND The owner plans to construct a 3,683 square foot single family residence on the 0.34 acre subject property. This property is located at the northeast intersection of N.W. 2nd Avenue and N.W. 16th Street. It is zoned Single Family Residential (R -1 -AA) and falls within the boundaries of the Lake Ida Neighborhood. The location map is attached for your review. Currently, there are no plans to install sidewalks in the Lake Ida Neighborhood or along N.W. 16th Street. At its meeting held on January 30, 2014, the Development Services Management Group (DSMG) supported the sidewalk deferral. RECOMMENDATION Staff recommends approval of the sidewalk deferral. Prepared By: RETURN TO: Environmental Services Department 434 S. Swinton Avenue Delray Beach, Florida 33444 AGREEMENT FOR SIDEWALK IMPROVEMENTS THIS AGREEMENT entered into this 28th day of January, 2014, between the City of Delray Beach (hereinafter the City) and Connor Lynch and Ryan Lynch (hereinafter the Owners), for the purpose of waiving the requirement of the installation of a sidewalk along 115 NW 1.6"' Street until such time as the City requests the construction of the sidewalk by the Owner. WHEREAS, Land Development Regulation Section 6.1.3(C) requires the installation of a sidewalk, within the NW 16th Street and NW 2nd Avenue right -of -way immediately abutting the subject property, by the Owner prior to the issuance of a certificate of occupancy; and, WHEREAS, the Owners have requested a waiver from the requirement of the installation of a sidewalk pursuant to Land Development Regulation Section 6.1.3(1))(1)(b); and, WHEREAS, in order to provide conformity along the street the City Commission voted to waive the requirement for the installation of a sidewalk until such time as the City requests the Owner construct the sidewalk. S :lEngAdnxinlSidewallc Deferr^ai& dewallc deferral agmt.doe I WITNESSETH NOW, THEREFORE, in witness of the above mid in consideration of the City agreeing to waive the requirement for the installation of a sidewalk, at this time, for the property located at: 1.15 NW 161" Street High Acres Delray In, High Acres of 6 1243-46-08-10-000-0060 1. 'rhe Owner agrees to construct trud a sidewalk, at its sole cost and expenses along the NW 16t" Street and/or NW 2nd Avenue right-of-way abutting the subject property, within a time period that is acceptable to the City, after being requested to do so by the City. The sidewalk, when constructed, shall meet all of the current ordinances of the City of Delray Beach., 1 it is the intent of the parties that this Agreement shall run with. the land. This Agreement shall be recorded in the public records of Palm Beach. County, Florida and shall be binding on the Parties legal representatives, heirs, successors and assigns. IN 'WITNESS WHEREOF, the parties to this agreement set their hands and seals this -- day of 2014. ATTEST: City Clerk-, Approved as to form and sufficiency.- City Attorney 2 CITY OF DEL AY BEACH, FLORIDA By. Mayor MN E S S E S ell (Please type or print name) (Please type or print aarne) OWNER: By* Connor . Lynch or Rye Ilynch STKFE OF FLORIDA) COUNTY OF PALM BEACH) y cared who is BEFORE ME'personall app —L�0-nn —or personally known to me and who executed the foregoing instrument, and acknowledged before me that they executed. said illstrulnent. for the purposes expressed therein. WITNESS my hand and official seat this _ZL__ day of 201.4. �Xolarny, Public (Seal) I P OF V Notary Public State of Florida 14 t. F:ont8[n)ez ac-Cqu%,�e' F 74 -E 216,2 MI ,.i,, FEE 216274 MI C.' 10 OJE5 Exipit8s 1010812015 :M x _ 4p Jaw fir+ J6, l r a r � nub 4 MEMORANDUM TO: Mayor and City Commissioners FROM: Tamara Genius, Plan Reviewer Tracie Lutchmansingh, P.E., Assistant City Engineer Randal Krejcarek, P.E., Director of Environmental Services THROUGH: Louie Chapman, Jr., City Manager DATE: February 4, 2014 SUBJECT: AGENDA ITEM 8.E. - REGULAR COMMISSION MEETING OF FEBRUARY 24, 2014 REQUEST FOR A SIDEWALK DEFERRAL /609 PALM TRAIL ITEM BEFORE COMMISSION This item before Commission is the approval of a sidewalk deferral for the property located at 609 Palm Trail. BACKGROUND The Owner plans to construct a 4,128 square foot single family residence on the subject property which is a 0.46 acre vacant lot. It is located on the east side of Palm Trail between George Bush Boulevard and N.E. 6th Street. This property is zoned Single Family Residential (R -1 -A). The location map is attached for your review. Currently, there are no plans to install sidewalks in this vicinity along Palm Trail. At its meeting held on January 30, 2014, the Development Services Management Group (DSMG) supported the sidewalk deferral. RECOMMENDATION Staff recommends approval of the sidewalk deferral. Prepared By: RETURN TO: Environmental Services Department 434 S. Swinton Avenue Delray Beach, Florida 33444 AGREEMENT FOR SIDEWALK IMPROVEMENTS 4 THIS AGREEMENT entered into this 7 day of , A 20A , between the City of Delray Beach (hereinafter the City) and (hereinafter the Owners), for the purpose of waiving the requirement of the installation of a sidewalk along (} � 1 l ip f % until such time as the City requests the construction of the sidewalk by the Owner. WHEREAS, Land Development Regulation Section 6.1.3(C) requires the installation of a sidewalk, within the �'.O;` right-of-way immediately abutting the subject property, by the Owner prior to the issuance of a certificate of occupancy; and, WHEREAS, the Owners have requested a waiver from the requirement of the installation of a sidewalk pursuant to Land Development Regulation Section 6.1.3(D)(1)(b); and, WHEREAS, in order to provide conformity along the street the City Commission voted to waive the requirement for the installation of a sidewalk until such time as the City requests the Owner construct the sidewalk. WITNESSETH Macintosh HD: Users: doug: Librarv.-Caches: Temporaryltems: 04tlook Temp :sidewalk deferral agmt[l]. doe NOW, THEREFORE, in witness of the above and in consideration of the City agreeing to waive the requirement for the installation of a sidewalk., at this time, for the property located at: e / f 4,V l 1. The Owner agrees to construct a sidewalk, at its sole cost and expense, along the right-of-way abutting the subject property, within a time period that is acceptable to the City, after being requested to do so by the City. The sidewalk, when constructed, shall meet all of the current ordinances of the City of Delray Beach. 2. It is the intent of the parties that this Agreement shall run with the land. This Agreement shall be recorded in the public records of Palm Beach County, Florida and shall be binding on the parties legal representatives, heirs, successors and assigns. IN WITNESS WHEREOF, the parties to this agreement set their hands and seals this day of ATTEST: City Clerk Approved as to form and sufficiency: City Attorney WITNESSE 20_ CITY OF DELRAY BEACH, FLORIDA Mayor OWNER: f Macintosh HD: Users: doug :Library:Caches: Temporaryltems: 021ook Temp: sidewalk deferral agmt(1 J.doc (Please type or print type dr print name) STATE OF Inc oc-,& COUNTY OF b1vx, t� BEFORE ME personally appeared t c who [is] [are] personally known to me or [has] [have] produced [and respectively] as identification, and who executed the foregoing instrument, and acknowledged before me that [he] [she] [they] executed said instrument for the purposes expressed therein. WITNESS my hand and official seal this My commission expires: u agt / sidewalk deferral agreement day of ,u cti ,� < 20 � . NotaryPiAlic Macintosh HIS: Users: doug: Library: Caches: Temporaryltems: Ot3look Temp: sidewallc deferral agmt[i].doc ire s AV �5 a il\ G I 5 AW 4L _ 4 + c k �. f dh AL ;OL dq M1sr lift r For, i y' � i.5• +; -+ � T# F 'may ��,''i tMN F: MEMORANDUM TO: Mayor and City Commissioners FROM: John Bullard, Water Treatment Plant Manager Victor Majtenyi, Deputy Director of Public Utilities Randal Krejcarek, P.E., Director of Environmental Services Department THROUGH: Louie Chapman, Jr., City Manager DATE: January 29, 2014 SUBJECT: AGENDA ITEM 8.F. - REGULAR COMMISSION MEETING OF FEBRUARY 24,201 RESCIND PURCHASE AWARD / AIR LIQUIDE INDUSTRIAL U.S. LP ITEM BEFORE COMMISSION Request to rescind an award to Air Liquide Industrial U.S. LP in the amount of $88,000 for the purchase and delivery of Liquid Carbon Dioxide (CO2) for use at the Water Treatment Plant. BACKGROUND On January 7, 2014, City Commission approved an award to Air Liquide, via a Palm Beach County contract ( #13- 080 /SWC) in the amount of $88,000 for the purchase and deliveries of liquid carbon dioxide (CO2) for the Water Treatment Plant, for FY 2014. Prior to the recommendation, the Air Liquide representative was provided a sample agreement required for execution upon award. However, subsequent the approval, staff forwarded to Air Liquide the "Standard Form of Agreement between the City and Vendor" for execution. On January 23, 2014, an Air Liquide representative notified the City of their reluctance to execute the Agreement; instead, they requested the City sign their own Purchase Order form. Under these circumstances, staff recommends City Commission rescind the previous award to Air Liquide. RECOMMENDATION Staff recommends rescission of the award to Air Liquide for purchase and delivery of Liquid Carbon Dioxide (CO2) for use at the Water Treatment Plant for fiscal year 2014. Majtenyi, Victor From: Doty, Jennifer <Jennifer.Doty @airiiquide.com> Sent: Thursday, January 23, 2014 4:17 PM To: Majtenyi, Victor Cc: Bullard, John; Watkins, Bob Subject: RE: Proposed Agenda Item for Jan 7, 2014; Award to Air Liquide Attachments: PO Acknowledgment Agreement.pdf Victor, We've received the Standard Form of Agreement in the mail from the City of Delray Beach and sadly I have some unpleasant news to share with you. The Agreement was reviewed by our legal department and unfortunately we cannot accept the terms and conditions as it is outlined in the Agreement. The good news is however, we can still honor the same price as Palm Beach County of $0.0925/1-6, but only upon acceptance of the attached Purchase Order Acknowledgement Agreement. We, at Air Liquide, look forward to the opportunity of earning the City of Delray Beach's business. We would be more than happy to discuss the PO Acknowledgement with you in greater detail and answer any questions or concerns you may have. I look forward to your response. Kindest Regard, Jennifer Doty Inside Sales, Southeast Region Air Liquide Industrial U.S. LP 18222 E. Petroleum Dr., Boton Rouge, LA 70809 Office: 225.754.0554 Facsimile: 225.754.0670 From: Majtenyi, Victor [mailto :Majtenyi @mydelraybeach.comj Sent: Friday, January 10, 2014 8:53 AM To: Watkins, Bob; Bullard, John Cc, Doty, Jennifer; Kucmerowski, Carolanne Subject: RE: Proposed Agenda Item for Jan 7, 2014; Award to Air Liquide Bob / Jennifer: Good Morning! Yes, we are just as please that the award by our City Commission went smoothly. We are in the process of assembling the "Standard form of Agreement ". These documents will be sent out to you for execution the first of next week. We appreciate your assistance with this award and look forward to working with Air Liquide. Thanks Vic Victor Majtenyl Deputy Director of Public Utilities 434 South Swinton Avenue Delray Beach, Florida 33444 561 -243 -7328 ma'ten i m delra beach.com EPA Watr_ ne PARTNUR From: Watkins, Bob [ma I Ito: Bob.WatkinsC&Airl!guide.com] Sent: Friday, January 10, 2014 9:01 AM To: Majtenyi, Victor; Bullard, John Cc: Doty, Jennifer Subject: RE: Proposed Agenda Item for Jan 7, 2014; Award to Air Liquide Good morning, It appears from the Agenda Results posted for the January 7th meeting that the Award for the supply of CO2 to Air Liquide was approved. Good news. .lust wanted to follow -up to see if you needed anything at all from Air Liquide and what you anticipate the timing would be for the final agreement documents. Thank you Bob Watkins Sales Manager Southeast Region Air Liquide Industrial US LP Phone: (407) 701 -9212 Fax: (713) 803 -7437 A111 UQU 08 From: Bullard, John [ mailto :BullardJ(cbmydelraybeach.com] Sent: Thursday, December 26, 2013 2:03 PM To: Doty, Jennifer Subject: FW: Proposed Agenda Item for Jan 7, 2014; Award to Air Liquide Jennifer, I'm passing this on from Victor. if you have any questions just let him know. Thank you, John M. Bullard Water Treatment Plant Manager 200 SW 6th St, Delray Beach, FL 33444 561 --243 -7319 bullardj @mydelraybeach.com U PA - WaterSense PAItMA From: Majtenyi, Victor Sent: Thursday, December 26, 2013 2:46 PM To: Bullard, John Subject; FW: Proposed Agenda Item for Jan 7, 2014; Award to Air Liquide John, Per the email, please let the Air Liquide representative know that they will need to execute the Standard form of agreement... sample attached. Thanks Victor Majtenyi Deputy Director of Public Utilities 434 South Swinton Avenue Delray Beach, Florida 33444 561 - 243 -7328 rnaitenyi:@mV(IefroVbeach.com 1' PA Water- Se-nse 1 `YU E� IA *sp y From: Pyburn, Terrill Sent: Friday, December 20, 2013 1:39 PM To: Majtenyi, Victor Cc: Rustin, Janice Subject: RE: Proposed Agenda Item for Jan 7, 2014; Award to Air Liquide Victor, The letter is great. I did not have that. As for the reference you mention below, I am ok with that contingency being added to the memo. Thank you. Terrill Terrill Pyburn, Assistant City Attorney 200 NW IstAvenLie Delray Beach, FL 33444 (561) 243 -7090 From: Majtenyi, Victor Sent: Friday, December 20, 2013 1:22 PM To: Pyburn, Terrill Cc: Rustin, Janice Subject; FW: Proposed Agenda Item for Jan 7, 2014; Award to Air Liquide Terrill, Thanks for the quick review. Attached is a letter we have from the vendor stating the lowest pricing. In regards to standard form of agreement ... do you want that as an attachment to the agenda item, or just reference in the agenda memo that a "Standard form of Agreement Between the Vendor and City", along with the appropriate insurance certificate, will be executed upon City Commission approval. Thanks, Vic Victor Majtenyi Deputy Director of Public Utilities 434 South Swinton Avenue Delray Beach, Florida 33444 561 -243 -7328 maitenvi(Om dy elroybeach.com 4f+ E, PIN WaterSense PARTNER From: Pyburn, Terrill Sent: Friday, December 20, 2013 12:37 PM To: Majtenyi, Victor Cc: Rustin, Janice Subject: FW: Proposed Agenda Item for Jan 7, 2014; Award to Air Liquide Victor, We need a statement from the vendor that their price is the lowest contract price in the state (with other governmental entities) per Section 36.02(7)(c) of Ord. 29 -13, Also, we will need a short form agreement and a certificate of insurance listing us as additional insured. Thanks. Terrill Terrill Pyburn, Assistant City Attorney 200 NW 1 st Avenue Delray Beach, FL 33444 (561) 243 -7090 From: Weaver, Jo Sent: Friday, December 20, 2013 7:27 AM To: Pyburn, Terrill Cc: Rustin, Janice Subject: FW: Proposed Agenda Item for Jan 7, 2014; Award to Air Liquide This was in the folder Jo Weaver From: Majtenyi, Victor Sent: Wednesday, December 18, 2013 3:39 PM To: CAagendareview Subject: Proposed Agenda Item for Jan 7, 2014; Award to Air Uquide Please see attached... proposed agenda item for your review and comment. Thanks, Vic Victor Majtenyi Deputy Director of Public Utilities 434 South Swinton Avenue Delray Beach, Florida 33444 561 - 243 -7328 ma'ten 1 m delra beach.com L PAS 46 WatSee PAR MER AIR LIQUIDS This Purchase Order Acknowledgment Agreement ("Agreement") dated 23 JANUARY 2014 between Supplier and Customer relates to Customer's proposed purchase agreement ("PO ") under which Supplier would provide certain product and/or equipment, work and services for Customer. A copy of the PO is attached as Exhibit A. Supplier accepts the PO on the condition that Customer agrees by signing below to modify the PO as follows: a) The terms stated in Section A below ARE MADE part of the PO; b) Terms referred to in Section B below ARE REMOVED FROM the PO; c) Any other PO terms (whether ornot mentioned here) that conflict with Section A terms ARE ALSO REMOVED. SECTIONA. The following are made part of the PO A.1. Warning Concerning Hazardous Nature of Products and Training Obligations. Customer acknowledges: a) that the Products are hazardous and must be handled accordingly; b) the Products are classified by the U. S. Occupational Safety and Health Administration ( "OSHA ") as hazardous chemicals, and that there are hazards associated with the possession and use of the Products, and that Customer must take proper account of those hazards and deal with them appropriately; c) it will wain all persons who may be exposed to any hazards relating to any of the Products and equipment and shall train them in the proper use of the Products and equipment; d) that Supplier has supplied Customer with all relevant Material Safety Data Sheets ( "MSDSs ") relating to the Products, and that more MSDSs are available from Supplier on request; e) that OSHA regulations require Customer to develop and implement a written chemical hazard communications program for its employees regarding all hazardous chemical Products; f) the Products must not be used without consulting the MSDSs, and Customer will ensure that all employees, customers and others who may be exposed to the Products receive and refer to the MSDSs; and g) Customer assumes all risk and liability arising out of the presence, production, storage, delivery or use of the Products after delivery thereof to Customer pursuant to this Agreement. A.E. Product Storage/Use And Cylinders. Supplier will, at its expense, maintain any cylinders, vessels or other equipment that it provides to Customer, and Customer will keep the equipment and cylinders lien -flee, pay for any damage and loss at full replacement value unless caused by Supplier's sole negligence, and otherwise abide by Supplier's standard terms and conditions relating to the cylinders and equipment. Customer will not fill or have others fill Supplier's equipment or cylinders. A.3. Warranties. Supplier warrants that gas Products manufactured by Supplier, except for carbon dioxide Products, will comply with Compressed Gas Association (CGA) guidelines. Supplier warrants that carbon dioxide Products manufachud by Supplier will comply with Supplier's standard specification for the grade of liquid carbon dioxide Product selected in Section A.B. Any other Products manufactured by Supplier will conform to Supplier's standard specifications. Supplier makes no warranty with respect to Products manufactured by others, but will, on request, to the extent permitted, pass on to Customer any applicable manufacturer's warranty. SUPPLIER MAKES NO OTHER WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. A.4. Damage Limitations. SUPPLIER SHALL NOT BE LIABLE TO CUSTOMER FOR INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, SUPPLIER'S SOLE LIABILITY AND CUSTOMER'S SOLE REMEDY FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES RESULTING FROM PRODUCTS MANUFACTURED BY SUPPLIER OR SUPPLIER'S FAILURE TO DELIVER SUCH PRODUCTS, INSTALLATION OR MAINTENANCE OF EQUIPMENT OR EQUIPMENT MANUFACTURED BY SUPPLIER, OR SERVICES PROVIDED BY SUPPLIER SHALL BE LIMITED TO, AT SUPPLIER'S OPTION, THE REFUND OF THE PURCHASE PRICE OR REPLACEMENT OF THE PRODUCT OR SERVICE IN QUESTION. CUSTOMER MUST NOTIFY SUPPLIER OF ANY CLAIM WITHIN FIFTEEN DAYS OF THE EVENT GIVING RISE TO SUCH CLAIM OR SUCH CLAIM IS WAIVED. THE LIMITATIONS CONTAINED IN THIS SECTION SHALL APPLY REGARDLESS OF WHETHER THE CLAIM FOR DAMAGES IS BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT OR OTHERWISE, AND SHALL APPLY EVEN WHERE SUCH DAMAGES ARE CAUSED IN WHOLE OR IN PART, BY THE NEGLIGENCE, GROSS NEGLIGENCE OR ACTS AND OMISSIONS OF THE PARTY CLAIMING DAMAGES OR THE PARTY FROM WHOM DAMAGES ARE SOUGHT. AS USED IN THIS SECTION, THE TERM "CUSTOMER" AND "SUPPLIER" SHALL INCLUDE NOT ONLY THE PARTY TO THIS AGREEMENT BUT ALSO ALL OF ITS AFFILIATES. THE PROVISIONS GOVERNING DAMAGE LIMITATIONS AND INDEMNITY SET FORTH IN THIS AGREEMENT SHALL SURVIVE EXPIRATION, TERMINATION, OR CANCELLATION OF THIS AGREEMENT. A.S. Indemnity And Insurance. If there is any injury (including death), loss or damage to the person or property of any third party ('including employees of either party), then, subject to any limitations set forth in this Agreement, each party agrees to indemnify the other party to the extent of the indemnifying party's negligence. Supplier has no obligation to insure Customer or its employees (or other Customer - related parties) or to provide a waiver of subrogation under Supplier's insurance. A.6. Additional Standard Terms And Conditions. Supplier: a) will not be obligated to deliver Product in excess of one hundred and twenty percent of the lesser of Customer's average monthly purchases of each Product during the prior three months or the estimated volumes (if any) set forth in A.9., b) may reduce and apportion deliveries if there is insufficient Product from the normal supply source for any reason, and may charge extra for Product from non - normal sources, c) will not be liable for f dlure to perform for reasons beyond its reasonable control, d) may increases pnoes (including facility fees) on thirty days written notice except if and as limited or otherwise provided by Section A.9. below, and e) may collect Supplier's scheduled applicable non -price charges, including Hazardous Materials ("Hazmat") Charge for the handling of hazardous materials and for compliance with laws and regulations concerning hazardous materials, Medical Charge for the handling of medical Products and for compliance with laws and regulations concerning medical Products, delivery charge, and other special non -price charges (inchuiing temporary emergency, plant outage, fuel and energy surcharges) that Supplier may assess. These non- price charges may be amended and others may be added at Supplier's discretion. The total amount due from the customer may include various itemized charges, including: charges for the handling of hazardous materials and for compliance with laws and regulations concerning hazardous materials; charges for handling, delivery, and shipping; and/or charges for energy or fuel. None of the charges represent a tax or fee paid to or imposed by any govemmental authority, and all of the charges are retained by the Supplier. Customer will: e) provide a site, site access, and site utilities, services, and permits, and receive site equipment, on Supplier's standard terms; b) pay Supplier's standard cylinder rates except if and as limited in Section A.9. and; c) buy its total requirements of the covered Products from Supplier, d) pay all charges, including all applicable taxes, within thirty days of invoice date, and pay one and one -half percent per month (or, if less, the maximum permitted by law) on any delinquent balance, e) give reasonable advance notice of orders and allow deliveries twenty -four hours, seven days a week; and f) Customer may not terminate this Agreement for convenience. 2B4NOSAL- LEG4024F Revision c Page 1 of 2 Air Uguide Industrial U.S. LP • 2700 Post Oak Doulevard, Suile 1ao0, Houston, Texas 77056 • Phone (806) 82x2522 CONFIDENTIAL www.uaaldlqulde.cam A.7. Miscellaneous. a) Customer represents that Customer is contractually free to enter into this Agreement and to perform hereunder and shall indemnify and defend Supplier against all damages Supplier may sutler if Customer's representation is not correct. b) The laws of the state of Customer's Mailing Address shall govern this Agreement. The invalidity or uneufarceali ity of any provision of this Agreement under the laws of any state in which this Agreement ism effect shall not affect the validity or enforceability of any other provision of this without Seller written consent d This A Agreement, c) Customer may not assign this Agreement, or resell Products, Agreement including the PO (as modified hereby) constitutes the parties' entire agreement e) This Agreement may be cancelled by Supplier's corporate headquarters within thirty days after signing by both parties. 1) The term of the PO, and applicable Products and equipment prices, are as indicated on the face of the PO unless otherwise indicated in A.4. g) This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. No provision of anv Customer Durchase order or other Customer dncnm~, ahsll Alter nr add to this a gr�-e. — n—, modifications of this Agreement must be in writing, signed by both patties and dated. The parties expressly agree that terms and conditions of this Agreement may not be modified, supplemented, or amended by electronic menus. h) While general information regarding this Agreement and the transactions contemplated herein may be exchange by the parties electronically, the parties expressly agree not to conduct the transactions contemplated by this Agreement by electronic means except for notices as set forth herein. All notices shall be in writing. All notices, other than termination or cancellation notices, may be sent by prepaid mail, facsimile or a -mail. If notices are sent by mail, the notices shall be sent to the Mailing Address for the party set forth on page one or any substitute Mailing Address the party may provide to the other by notice hereunder. Notice shall be considered to be given on the date it is sent by prepaid mail or, if otherwise delivered, on the date of delivery. Notice of Germination or cancellation must be sent certified mail, return receipt requested, to the Mailing Address of the receiving party; and i) The titles, captions and heading used in this A:q_ reement and the PO are for convenience and shall not be aged for construction or interpretation. A.S. Liquid Carbon Dioxide and Dry Ice Provisions, a) If this Agreement pertains to liquid carbon dioxide Products, Supplier will provide the product grade checked below, as per Supplier's standard specifications. If none or more than one are checked, the Basic specification will apply: ❑ Basic ❑ Industrial [Z] Food ❑ Specialty ❑ Beverage ❑ USP b) If this Agreement pertains to Dry Ice Products the following shall also apply: i) All Products shall be delivered F.O.B. Supplier's supply source (or, if requested by Customer and acceptable to Supplier, by delivery vehicle to the Facility). Title and risk of loss shall pass to Customer upon delivery, ii) Customer shall monitor Product levels and give Supplier reasonable, advance notice when ordering Product Customer may, at the option of Supplier, be subject to a minimum delivery and/or a Transport Container C'Box') cleaning charge. Customer shall allow Supplier to make deliveries by vehicle twenty four horns a day, seven days a week. Customer pick -ups, as applicable, may be made during Supplier's normal weekday business hours at times designated by Supplier. Customer shall promptly return to Supplier all Supplier provided dry ice Boxes. Supplier shall have the right to charge Customer a daily charge per Box. Customer shall compensate Supplier for all loss or damage to Boxes. A.9. Other. (Add any other applicable item – type in below or attach) SECTION $ The following terms of the Customer's PO, along with any other terms of the Customer's PO that conflict with Section A above, are hereby REMOVED from the PO (type in below or attach): (AN AUTHORIZED SIGNATURE IS REQUIRED FROM BOTH SUPPLIER AND CUSTOMER) City of Delray Beach Customer By: Name/Titte: Date: By: Name/Title: Date: AIR LIQUIDE INDUSTRIAL U.S. LP Supplier Jennifer Doty 5ubauaed for Supplier by 28- INDSAL- LEG -0024 -F Revision 0 Page 2 of 2 Air Liquide Industrial U.S. LP • 2704 Post Oak Boulevard, Suite 1800, Houston, Texas 77058 • Phone (app) 820.2522 CONFIDENTIAL www.us.eirfiquide.com MEMORANDUM TO: Mayor and City Commissioners FROM: Bob Diaz, Construction Manager Rafael Ballestero, Deputy Director of Construction Randal Krejcarek, Director of Environmental Services THROUGH: Louie Chapman, Jr., City Manager DATE: February 10, 2014 SUBJECT: AGENDA ITEM 8.G. - REGULAR COMMISSION MEETING OF FEBRUARY 24, 2014 CHANGE ORDER NO. UALL PHASE ROOFING & CONSTRUCTION: BEACH BEAUTIFICATION PROJECT ITEM BEFORE COMMISSION This item is before the Commission to approve Change Order No. I (CO #1) to All Phase Roofing & Construction, in the total amount of $29,075.15, for additional scope due to a structural deficiency discovered during construction; and for a contract time extension of nine (9) days, for the Beach Beautification Plan Project (Bid #2013 -54). BACKGROUND On September 3, 2013, Commission approved a Bid Award #2013 -54, in the amount of $249,210.00, for Phase I of the beach beautification plan, which entails the demolition and replacement of the beach pavilion located just south of Atlantic Avenue on Ocean Boulevard. New amenities include a larger gazebo structure, ADA compliant access ramp for the pavilion, brick paver walkways, sea turtle compliant lighting and the mitigation of ancillary structures across the site. The original budget for the project was set without the benefit of a defined scope of work; plans and specifications were provided pro bono to the City. During construction of the gazebo, a structural deficiency was discovered with the ridge connection detail as proposed per plan; which required 3/4" all threaded rods counter sunk and secured with stainless steel washers and nuts. After investigating the issue, the structural engineer provided a revised connection detail that consisted of 1/4" thick x 10" wide x 3'2" long stainless steel plates on each side of the ridge connection (52 total) with 3/4" stainless steel through bolts (8) per plate. The costs, in the amount of $17,982.92 and $6,650.40, respectively, are detailed on Exhibit "A" to CO #1; and includes a credit for the original material. Temporary bracing currently holds the structure together. CO #1 also includes a cost in the amount of $4,441.83 for support brackets for the hand railing system and plywood sheathing for the interior exposed glulam beams and towers; which will provide sustenance and aesthetic value. Also, during the demolition of the wooden gazebo, concealed by several feet of beach sand, a large concrete slab and footer were discovered; all of it had to be removed prior to the installation of new "sonotube" footers. The contractor and City teamed up to save time and contain the cost to $6,994.40; this unforeseen condition was funded out of the Contract's Undefined Contingency Allowance of $15,000. As part of this change order, the contractor has requested nine (9) additional contract days to complete the scope of work. A dedication of the facility is tentatively scheduled for March 12, 2014. CO #1 is in compliance with Ordinance No. 29 -13 "Acquisition of Goods and Services and Disposal of City Property", Section 36.06 "Change Orders ", (A) (1) & (3). FUNDING SOURCE Funding is available from 117 - 4170 -572 -68.83 (Recreation Impact Fee Fund/Other Improvement /Beach Pavilion); after budget transfer. RECOMMENDATION This item is before the Commission to approve Change Order No. I (CO #1) to All Phase Roofing & Construction, in the total amount of $29,075.15, for additional scope due to a structural deficiency discovered during construction; and for a contract time extension of nine (9) days; for the Beach Beautification Plan Project. r O r d cc IL M .CY DP Q a O 0 N E H O O O r N m � N r N 0 bg cl; U r G± as N ❑ N oo Z O � O H D p ❑ ❑ h 1 Z U) O o Z 0 co U CL m uj O :2 W N O m O m a Z U c� LL 0 Z a -� IL a a O W a a- a J r O N a r 2 Z ❑ Z W d V � E W m W N Z ❑ k N 7 Lu Z Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: Bob Diaz Construction Manager Victor Majtenyi Interim Environmental Services Director THROUGH: Louie Chapman, Jr., City Manager DATE: August 26, 2013 SUBJECT: AGENDA ITEM 8.X.1 - REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2013 BID AWARDIALL PHASE ROOFING & CONSTRUCTION, INC. ITEM BEFORE COMMISSION This item is before the Commission to consider approval of a bid award to All Phase Roofing and Construction, Inc., in the total amount of $249,210.00 for the Beach Master Plan Gazebo. BACKGROUND This activity entails the demolition and replacement of the beach pavilion located just south of Atlantic Avenue on Ocean Boulevard. New amenities include a larger gazebo structure, ADA compliant access ramp for the pavilion, brick paver walkways, sea turtle compliant lighting and the mitigation of ancillary structures across the site. Bids for this project were opened on Thursday, August 22, 2013; four bids were received. The apparent low bidder was All Phase Roofing and Construction, Inc. with a bid amount of $249,214. During the bid package evaluation process, a scrivener's error was detected on the proposal page; specifically item number 12 (as built record drawings). All Phase hand wrote $250.00 dollars in lieu of $2,500.00 dollars for this unit price item; however, their bid tabulation total reflects the correct amount and recommended contract award total of $249,210.00. As a point of reference, the dollar amount for line item 12 is consistent with the value submitted by the three other bidders. Overall, background reference and qualification checks were positive; All Phase Construction submitted a complete bid package that meets the criteria set forth in the bid documents and is the most responsive bid. Upon approval, construction activities would start in late October with a completion goal of February 2014. FUNDING SOURCE Funding is available from 117 -4170- 572 -68.83 Recreation Impact Feel Parks and Recreation Beach Pavilion. RECOMMENDATION Staff recommends approval of a bid award to All Phase Roofing and Construction, Inc., in the total amount of $249,210.00 for modifications to Beach Master Plan Gazebo project. http:// agendas. mydeiraybeach. com/ Bluesheet .aspx ?ItemlD =7097&MeetingID =459 [2/13/2014 1:20:55 PM] 0 w Rr Rr 10 I .._,: 2 fu �3 dui L- sV ._ . ' ... .0 0 w La 0.0 06 UA d 0-0) yj to v ': �. r - a W T 64 T Fn '. M- 0 w Rr Rr 10 I .._,: 2 fu �3 dui L- sV ' ... .0 0 w La 0.0 06 UA 0-0) to 0 w Rr Rr 10 I .._,: 2 fu �3 dui L- sV Aga iT 0 w La CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 1 PROJECT NO. 12 -035 DATE: PROJECT TITLE: Beach Beautification Plan TO CONTRACTOR: All Phase Roofing & Construction YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Additional scope due to structural deficiency discovered during construction to include stainless steel plates and steel thm bolts; support brackets for hand railing system; and plywood sheathing for beams and towers. In addition a nine (9) day contract time extension to complete the work. Costs are detailed on the attached Exhibit "A ". SUMMARY OF CONTRACT AMOUNT /CHANGES ORIGINAL CONTRACT AMOUNT $249,210.00 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ .00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $249,210.00 COST OF CONSTRUCTION CHANGES THIS ORDER $ 29,075.15 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $278,285.15 PERCENT INCREASE THIS CHANGE ORDER 11.66% TOTAL PERCENT INCREASE TO DATE 11.66% TOTAL CONTRACT TIME WILL BE INCREASED BY 9 DAYS CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate and that the prices quoted are fair and reasonable. All Phase Roofing & Construction (Contractor to sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding is available from account: 117 - 4170 - 572 -68.83 (Recreation Impact Fee Fund /Other Improvement/ Beach Pavilion) DEPARTMENT RECOMMEND: APPROVED: Environmental Services City Attorney FUNDING CERTIFIED BY DELRAY BEACH, FLORIDA By: Mayor ATTEST: By: City Clerk C: \Users \diuj\Desktop\REV COI All Phase add] scope contract 5me ext GC 022414.docx ALL PHASE ROOFING & Construction 601 Whitney Avenue Lantana Florida 66462 Phone: 954 -818 -2085 561- 588 -8782 Fax: 561- 964 -5025 11/14/13 PROPOSAL SUBMITTED TO: City Of Delray Beach STREET: 100 N.W. 1St Avenue CITY, STATE, & ZIP: Delray Beach Florida 33444 Re — Change Order request Gusset plate additions in lieu of center truss bolt and all thread single connection support ENTIRE SCOPE OF WORK: ALL PHASE ROOFING PROPOSES TO FURNISH ALL LABOR, MATERIALS, TOOLS, EQUIPMENT, INSURANCE, AND JOB SUPERVISION TO PERFORM IN A PROFESSIONAL MANNER THE FOLLOWING WORK EXCLUDING ENGINEERING & PERMIT FEES: ITEM # 01 All Phase proposes to supply and install all necessary labor materials and equipment to install Truss Gusset supports as outlined by Architect of record. Please note stainless steel in this case is cheaper from our manufacturer as they have this readily available and galvanized is more money and will take longer process cause they will have to be sent out to be galvanized this can be confirmed through Southern sheet metal Contact manager Ernie @ 561- 737 -2368 ITEM # 02 Material 1) 24- 1 /a" # 304 stainless steel plating with 8 punched holes for Bolts and nuts $5,153.00 2) 12 -1/4 # 304 stainless plates for interior Truss tower $2,576.00 3) 288- 3/" x 6" stainless steel rod through bolt @ 28.59 each $8,233.92 4) 288 = 3/4 ",stainl,ess steel washer and nut @ 1.05 each $302.40 Labor 1) Carpenter rate two hours to install each total hours 1 I hours @ 38.80 ph. total $426.80 15% for O.H. & profit $2,503.82 Total for COQ 19,195.94 Deduct for Through Bolts for original single truss connection 1) 18 through bolts stainless @ rod Bolt @ 28.59 each $(514.62) 2) Labor 18 man hours @ 38.80 $(698.40) Total deduct (1,213.02) Total Cost for CO . less credit deduct Gusset Install: $17,982.92 No Additional Contract Time is reuuested. WE PROPOSE HEREBY TO FURNISH LA13OR AND MATERIALS IN ACCORDANCE WITH THE ABOVE REFERENCED WORK SCOPE, EXCLUSIONS & QUALIFICATIONS FOR THE SUM OF: S 17,9 2.92 1/30/2014 L PHASE RO G & Construction DATE AUTHORIZED SIGNATURE DATE ALL PHASE ROOFING ASSUMES NORESPONS IBILITYFOR DAMAGE CA [BED BYWATER INTRUSION, FIRE, MND,ANACTOFGOD, ORANYACT BEYOND OUR CONTROL. ALL PHASE ROOFING ASSUMES RESPONSIBILITYONLYAFTER COMPLETIONOFNEW construction SYSTEt f AND FINAL PAYMENT HAS BEENPOSTED AFTER FINAL PAYMENT HAS BEENMADEALL PHASE ROOFING ASSUMES RESPONSIBILITY FOR WORKMRNSHIP I ONLYONTHE construction MATERIALS INSTALLED BYALL PHASESROOFING_ Construction EXHIBIT (A) ALL PHASE ROOFING & Construction 601 Whitney Avenue Lantana Florida 66462 Phone: 954- 818 -2085 561 -588 -8782 Fax: 561- 964 -5025 PROPOSAL SUBMITTED TO: City Of Delray Beach STREET: 100 N.W. 1St Avenue CITY, STATE, & ZIP: Delray Beach Florida 33444 Re — Cost Change Request (Tower Gusset plates) and all thread single connection support. ENTIRE SCOPE OF WORK: ALL PHASE ROOFING PROPOSES TO FURNISH ALL LABOR, MATERIALS, TOOLS, EQUIPMENT, INSURANCE, AND JOB SUPERVISION TO PERFORM IN A PROFESSIONAL MANNER THE FOLLOWING WORK EXCLUDING ENGINEERING & PERMIT FEES: ITEM # 01 All Phase proposes to supply and install all necessary labor materials and equipment to install Truss Gusset supports as outlined by Architect of record. Please note stainless steel in this case is cheaper from our manufacturer as they have this readily available and galvanized is more money and will take longer process cause they will have to be sent out to be galvanized this can be confirmed through Southern sheet metal Contact manager Ernie @ 561- 737 -2368 ITEM # 02 Material 1) 16- t /4' # 304 stainless steel plating with 4 punched holes for Bolts and nuts $3,392.00 2) 64- 3/4" x 6" stainless steel rod through bolt @ $28.59 each $1,829.76 3) 128- 3/4 " stainless steel washer and nut @ $1.05 each $134.40 Labor 1) Carpenter rate two hours to install each total hours 11 hours @ $38.80 ph. total $426.80 15% for O.H. & profit $867.44 Total $6,650.40 No Additional Contract Time is requested. WE PROPOSE HEREBY TO FURNISH LABOR AND MATERIALS IN ACCORDANCE WITH THE ABOVE REFERENCED WORK SCOPE, EXCLUSIONS & QUALIFICATIONS FOR THE SUM OF: $ 6,650.40 Pat /�! /Q11o�e 2/18/2014 ALL PHASE ROOFING & Construction DATE AUTHORIZED SIGNATURE DATE ALL PHASE ROOFING ASSUMES NO RESPONSIBILITY FOR DAMAGE CAUSED BY WATER INTRUSION, FIRE, WIND, ANA CT OF GOD, OR ANY ACT BEYOND OUR CONTROL. ALL PHASE ROOFING ASSUMES RESPONSIBILITY ONLYAFTER COMPLETION OF NEW construction SYSTEMAND FINAL PAYMENT HAS BEENPOSTED. AFTER FINAL PAYMENT HAS BEENMADE ALL PHASE ROOFING ASSUMES RESPONSIBILITYFOR WORKMANSHIP ONLY ON THE construction MATERIALS INSTALLED BYALL PHASES ROOFING. Construction 601 Whitney Avenue Lantana Florida 66462 Phone: 954 - 818 -2085 561 -588 -8782 Fax: 561- 964 -5025 11/14/13 PROPOSAL SUBMITTED TO: City Of Delray Beach STREET: 100 N.W. l' Avenue CITY, STATE, & ZIP: Delray Beach Florida 33444 Re -- Change Order request Interior Plywood on inside of Arched walls between Glulam ( not shown on plans) support brackets for Hand railing( not shown on plans) Ix2 pt drip edge not shown on plans ENTIRE SCOPE OF WORK: ALL PHASE ROOFING PROPOSES TO FURNISH ALL LABOR, MATERIALS, TOOLS, EQUIPMENT, INSURANCE, AND JOB "ERVISION TO PERFORM IN A PROFESSIONAL MANNER THE FOLLOWING WORK EXCLUDING ENGINEERING & PERMIT FEES: ITEM # 01 All Phase proposes to supply and install all necessary labor materials and equipment to install Plywood on interior walls and hand railing support chairs. ITEM # 02 Material 1) 1x2 PT 2721f@ .28 ° $76.16 2) 2 box gun nails @ 84.00x2= $168.00 3) 8 sheets of 4x8x3/4 PT @ 44.50 per sheet $356.00 4) Simpson support chairs 45 total @ 3.5 each $157.50 Labor 1) Install PT lx2- 15 man hour @ 38.81= $582.15 2) Plywood interior radius 2 mteu @ 39 hours x 38.81= $1,513.59 .3) Install Simpson railing supports 26 man hours @ 38.81= $1,009.06 Labor and material subtotal $3,862.46 15% OH &P $579.37 Total CO. S4,441.83 Nine (9) Additional Calendar„ Dais Are Requested WE PROPOSE HEREBY TO FURNISH LABOR AND MATERIALS IN ACCORDANCE WITH THE ABOVE REFERENCED WORK SCOPE, EXCLUSIONS & QUALIFICATIONS FOR THE SU F• $4441_83 nor- — 2/05/2014 L PHASE RtKrFING & Construction DATE AUTHORIZED SIGNATURE DATE ALL PHASE ROOFING ASSUMESNO RESPOAWBILTY FOR DAMAGE CAUSED BY WATER INTRUSION, FIRE, 97ND, ANACT OFGOD, OR ANY ACT BEYOND OUR CONTROL. ALL PHASE ROOFING ASSUMES RESPONSIBILTY ONLY AFTER COMPLETION OF NSW comiruction SYSTEMAND FINAL PAYMENTHAS BT:EN POSTED. AFTER FINAL PAYMENT HAS BEENMADE ALL PHASE ROOFING ASSUMES RESPONSIBLLTY FOR WORKMANSHIP ONLY ON THE comiruclianMATER IALS INSTALLED BYAU PHASE ROOFING . &Comintciion MEMORANDUM TO: Mayor and City Commissioners FROM: Victor Majtenyi, Deputy Director of Public Utilities Randal Krejcarek, P.E., Director of Environmental Services Department THROUGH: Louie Chapman, Jr., City Manager DATE: February 6, 2014 SUBJECT: AGENDA ITEM 8.H. - REGULAR COMMISSION MEETING OF FEBRUARY 24, 2014 SERVICE AUTHORIZATION NO. 12- 14 /MATHEWS CONSULTING, INC. ITEM BEFORE COMMISSION The item before Commission is approval of Service Authorization No. 12 -14 to Mathews Consulting, Inc. in the amount of $178,176.00 for professional engineering services in the design of Area 12B Reclaimed Water System, P/N 2012 -009. BACKGROUND The City adopted the Reclaimed Water Master Plan in 2003. Subsequently, the City has been progressively pursuing the expansion of the reclaimed water system for use as an alternative source for irrigation. The plan identifies 16 geographic areas for potentially receiving the product. Construction of the transmission and distribution piping system in the areas identified as Areas 1 thru 4 (golf courses west of I -95) and Area 9 (Pompey Park and NE 2nd St) have been completed, with customers using reclaimed water for irrigation. The next areas programed for construction are areas on the Barrier Island, referred to as Areas 11 and 12. Area 11, north of Atlantic Avenue, subdivided into two areas A and B, was completed in 2011. Reclaimed Water Area 12 encompasses the area south of Atlantic Avenue to Linton Boulevard. This area has also been divided, referred to as areas 12A, 12B and 12C. The second Phase of Area 12A, the area from Atlantic Avenue south to Casuarina Road, is currently under construction, with anticipated completion date of August 2014. The next phase programed for consideration is Area 12B, which encompasses the area from Casuarina Road south to Poinsettia Road. This service authorization is for professional services in the design of Area 12B. Services under this authorization include final engineering design, surveying, geotechnical services, field verifications of existing utilities, permitting, and bidding services required in preparing a bid package for the Area 12B Reclaimed Water Transmission /Distribution system. In addition, the authorization includes services to address water and drainage improvements within this area that will be performed in conjunction with this project's construction. Total cost for Service Authorization No. 12 -14 is $178,176. Historically, reclaimed projects have been awarded between the amounts of $1.2 to $1.7 million. In addition, historically, the City has been eligible to receive supplemental grant funding from the South Florida Water Management District ( SFWMD) for the expansion of its reclaimed water system. SFWMD granted the City $100,000 for the phase currently under construction, and $170,000 for the prior phase just recently completed. Staff anticipates completing the design of Area 12B in time for the next grant application period, usually in August- September. Since implementation of the reclaimed water system (2003), Mathews Consulting has been successful in securing $2.87 million dollars in grant funding for the City from the SFWMD. Copies of the Service Authorization and area location map are attached. Mathews Consulting Inc. Service Authorization is based on a General Consulting Services Agreement related to RFQ #2012 -06, originally awarded by the City Commission in January 2012 for an initial two year term. On November 5, 2013, City Commission renewed the term for another year, the first of three potential renewals. The recommendation for award is in accordance with Ordinance No. 29 -13, Chapter 36 "Acquisition of Goods and Services and Disposal of City Property", Section 36.02 "Methods of Acquisition" (C) "Direct Acquisition Method" (3) "Professional Services ". FUNDING SOURCE Funding is available from 441 - 5161 -536 -68.79 (Water & Sewer Fund/Reclaimed Water Area 1213), after a budget transfer. RECOMMENDATION Staff recommends approval of Service Authorization No. 12 -14 to Mathews Consulting, Inc. in the amount of $178,176.00 for professional engineering services related to the design of Area 12B Reclaimed Water System, P/N 2012 -009. CITY OF DELRAY BEACH CONSULTING SERVICE AUTHORIZATION DATE: SERVICE AUTHORIZATION NO. 12 -14 FOR CONSULTING SERVICES CITY P.O. NO. CITY EXPENSE CODE: CITY PROJECT NO. MATHEWS CONSULT. PROJECT NO. TITLE: Reclaimed Water Expansion - Area 12B This Service Authorization, when executed, shall be incorporated in and shall become an integral part of the Contract. TITLE: Agreement for General Consulting Engineering Services L PROJECT DESCRIPTION The City of Delray Beach has adopted a Reclaimed Water Master Plan (RWMP), (prepared by Mathews Consulting, Inc., October, 2003) which identifies areas of service for the City's new reclaimed water system. The purpose of the RWMP is to serve as a planning document from which a reclaimed water system can be developed in phases as capital improvements are budgeted and scheduled through a designated time frame. The first project identified for implementation in the RWMP was "Area 1" and was placed in operation in 2005. The second project(s) identified for implementation in the RWMP were "Area 2" and "Area 3" and they were placed in operation in 2006. The third project identified for implementation in the RWMP was "Area 4" and was placed in operation in 2008. The fourth project identified for implementation was "Area 11 ". The Area 11 RWS was broken into Area I IA and Area 11B. The Area 11A RWS was placed in operation in late 2009 and the Area I IB RWS was placed in operation in August 2011. The fifth project identified for implementation was "Area 12 ". The Area 12 RWS will be broken into Area 12A (Phase 1 & 2), Area 12B and Area 12C. The Area 12A (Phase 1) was placed in operation in August 2013. The Area 12A (Phase 2) has been bid and construction is expected to be completed by end of August 2014. The proposed reclaimed water system for "Area 1213" is shown in Figure 1. This project involves providing engineering design, permitting, surveying, geotechnical investigations, utility locates (e.g. soft digs) and bidding services for the "Area 1213" reclaimed water transmission /distribution system. RWMareal2Acontract02 /04/14 Project components consist of: • Reclaimed water mains (ranging from 6 -inch to 10 -inch diameters), valves, fittings & reclaimed water meter boxes /services. The reclaimed water mains will either be designed as conventional open -cut method of construction. • Connection will be made to the existing reclaimed water main stub -out at the intersection of Venetian Drive /Casuarina Road. • Provide 6 -inch reclaimed water stub -outs as required for future connections. • Roadways — trench repair w/ all roads to be milled and overlayed. • Abandon existing 4 -inch water mains in the project area (refer to Figure 2). • Remove or abandon existing 8 -inch water main along Sea Sage Drive (refer to Figure 2). • Extend the existing 6 -inch water main along Sea Sage Drive between Azalea Road and Bauhinia Road. The 6 -inch water main will tie into the existing 12 -inch water main on Bauhinia Road (refer to Figure 2). • Connect the two (2) existing catch basins on Casuarina Road to the existing outfall (refer to Figure 3). II. SCOPE OF SERVICES Phase I — Study and Report Phase Not Applicable. Phase II — Preliminary Design Phase Not Applicable. Phase III — Final Design Phase Consultant shall provide final design phase services in accordance with Article IILC of the Agreement for Engineering Services with the City, dated January 24, 2012. 1. Field Investigation: Field reconnaissance of the proposed pipeline alignment shall be performed. Photograph log walk - through will be included. In addition, potential underground existing utilities will be identified. 2. Utility Coordination: Coordination with utility agencies (electric, phone, gas, and cable TV) shall be performed to collect record information. This Subtask includes reconciling apparent discrepancies between record information and existing photographic and field- verification information. 3. Design Drawings: Consultant shall prepare construction drawings which shall include: cover sheet, general notes, civil plan/profile drawings, and detail sheets conforming to the requirements of the current City of Delray Beach Minimum Construction Standards. The drawing scale shall be 1" = 20' for plan and 1" = 2' for profile. Consultant shall prepare the engineering design elements on topographic survey information prepared by Consultant's surveyor using AutoCAD Release 2013 format and available As -Built Drawings. Consultant shall coordinate with the City in RWMareal2Acontract02 /04/14 2 Tu 04 Feb 2014 — 321pm Palh\N— : SVP— p,6,,ADelrayV12 -14 oenay RWM Area 12RVCADVArea 11 -12 Ae,V'dwq Layout Tab: a1 4Y Jj. EW bt _Auk n 1 ' -�b s +•� - �? t�� If r 1'- a• v <7, lob • 1P�ii�� t ,xf X.. a.•� '. a - ♦' 11 it add; r •R'� 71� 0 CITY � Fa, OF MEMORANDUM TECHNICAL AREA 12 RECLAIMED WATER PROJECla • >H EET 36 r 1 Cr j SHEET 36 Publication date: Jun 09, 2009- 10:03am File Location: S: \EngCADD \Atlas Deliverables 2006 \Water Map and Book.dwg Q z r w w cn w Li Cn i Water Atlas � �„ r �„„,„, � SHEET 37 38 A -T 36 V I" - 400• I R w N 0 z 0 100 200 300 400 GRAPHIC SCALE IN FEET 1AINAGE ATLAS ISECTION: RANGE 43 I SHEET37 I TOWN3HIP: 46 21 (NORTH) order to design the proposed reclaimed water transmission /distribution piping in accordance with the requirements and design standards of the City. Drawings (two copies) shall be submitted for City review at 30% (plan view only), 60 %, 90% and 100% Stages. 4. Specifications: Contract documents consisting of "front -end" documents and technical specifications shall be prepared and shall conform to City of Delray Beach Standards and the FDOT Standard Specifications for road and bridge work. Specifications (two copies) shall be submitted for City review at the 30 %, 60 %, 90% and 100% stages. 5. Cost Estimate: At the 30 %, 60 %, 90% and 100% stages, Consultant shall prepare a detailed opinion of probable construction cost based upon the level of design drawings and specifications approved by the City. The cost opinion shall reflect changes in general scope, extent or character of design requirements incorporated during the various design review stages. Opinion of probable construction cost (two copies) shall be submitted for City review at the 30 %, 60 %, 90% and 100% stages. 6. Meetings: Consultant shall attend kick -off meeting and three (3) design meetings with the City and provide written summary of the issues discussed. 7. QA/QC: Consultant shall provide internal QA /QC reviews on the 30 %, 60% and 90% Design Documents (e.g. drawings, specifications and cost estimates). Phase IV — Biddin2/Ne2otiation Phase Consultant shall provide bidding phase services in accordance with Article IILD of the Agreement for Engineering Services with the City, dated January 24, 2014. 1. Bid Advertisement: Consultant shall assist City in advertising for and obtaining bids or negotiating proposals for construction (including materials, equipment and labor). It is anticipated that work shall be awarded under a single construction contract. Consultant shall provide up to four (4) sets of bidding documents to the City to issue bid package. The City shall receive and process deposits for bidding documents and shall maintain a record of prospective bidders to whom bidding documents have been issued. 2. Demand Star Bid Submittal: Consultant shall furnish the bidding information to the City in electronic format to be used in conjunction with "Demand Star ". 3. Pre -Bid Conference: Consultant shall attend pre -bid conference and provide a written summary of issues discussed. 4. Bid Clarification: Consultant shall issue addenda and shall provide supplemental information or clarification, as appropriate, to interpret, clarify, or expand the bidding documents to all prospective bidders during the bid period. RWMareal2Acontract02 /04/14 3 5. Contract Award: Consultant shall attend the bid opening, prepare bid tabulation sheets and assist City in evaluating bids and proposals, and in assembling and awarding contract for construction. Consultant shall submit to City a written recommendation concerning contract award. 6. Final Deliverable: After Contract Award, Consultant shall furnish the As -Bid design drawings, one (1) set of AutoCAD (Version 2013) files and one (1) set of pdf files in electronic format on CD. Consultant shall also provide one hard copy only of the Contract Documents (i.e. front -ends and technical specifications). Phase V — Construction Administration Phase Upon completion of the final design phase, the Consultant shall submit Addendum No. 1 to this service authorization for approval of fees for construction phase services to be provided in accordance with Section III -E of the Agreement with the City Other — Permitting At the outset of the Design Phase, the Consultant shall meet with the appropriate permitting agencies to determine potential permitting requirements. Agencies anticipated to have jurisdiction over the project include: (1) MOT for work within State Road AIA R -O -W. Permit applications shall be completed as required for FDOT. Associated permit application fees shall be determined by Consultant and paid by City. ■ MOT Utility Permit for work within State Road AlA right -of -ways, which is a State maintained road. In addition to preparing the permit applications for appropriate regulatory agencies, Consultant shall assist the City in consultations with the appropriate authorities. Consultation services shall include the following: • Attend up to one (1) pre - application meeting with the staff of each of the regulatory agencies. • Attend up to one (1) meeting with each of the regulatory agencies during review of the final permit applications. • Respond to request(s) for additional information from each regulatory agency. Other — Geotechnical Consultant shall furnish the services of a professional geotechnical engineer to provide subsurface investigations of the project area that will include: ■ Perform up to fifteen (15) standard penetration test (SPT) borings to an average depth of ten (10). RWMareal2Acontract02 /04/14 4 ■ Evaluate field data collected and provide geotechnical engineering evaluation report. Other— Survey Consultant shall furnish the services of a professional surveyor to provide survey services consisting of field topography and horizontal locations referenced by baseline stationing. All existing facilities and utilities within the established project limits will be referenced by baseline station with an offset distance (left or right) from baseline for the project and will include the following: 1. Topography survey at 100 -foot intervals and at major ground elevation changes to depict existing ground profile at proposed project area. This shall be accomplished by creating a baseline in the field to collect pertinent data which shall include the following: a. Location of all visible fixed improvements within the project limits, including physical objects, roadway pavement, railway tracks, canals, driveways, sidewalks, curb, trees, signs, fences, power poles, buildings, and other encumbrances, including point of curvature and point of tangency. b. Location of all known above and below ground existing utilities: FP &L, BellSouth, Cable TV, Natural Gas, Potable Water (pipe diameter, TOP, valves, fire hydrants, and meters), Reclaimed Water Mains (pipe diameter, TOP and valves), Force Mains (pipe diameter, TOP, and valves), Sanitary Sewer (pipe diameter, manhole inverts and direction, rim elevations, laterals, and clean- outs), Storm Sewers (pipe diameter, manhole inverts and direction, catch basins, and rim /grate elevations), and all other accessible structures. This will include coordination with Sunshine and City of Delray Beach. Underground piping shall be pot -holed by City in a timely fashion. C. Identify platted rights -of -way (including bearing and distances for centerline), lot numbers, house address, ownership lines, block numbers and dedicated easements. d. Elevations shall be indicated every 100 feet, at a minimum, to indicate centerline grades, edge of pavement grades, and shoulder grades, low points, railway ditch bottoms, and all right -of -way lines. Intermediate grades shall be indicated at all grade breaks, driveways and sidewalks. Sufficient grades shall be indicated on the driveways and parking areas to indicate direction of grade. e. Provide and reference benchmarks at maximum 600 -foot intervals. Elevations to be referenced to an existing established City or County Benchmark. • The above topographical survey data will be prepared in AutoCAD (Version 2009) format at a scale of 1 " =20', as one continuous file. The City of Delray Beach standard layering system shall be followed. RWMareal2Acontract02 /04/14 5 Other — Field Verification Consultant shall furnish the services of a professional underground services company to provide underground field locations of affected existing utilities. The work shall consist of measuring and recording the approximate horizontal location of affected utilities within the project limits. It is anticipated that approximately sixty -five (65) utility locations will need to be pot - holed. ASSUMPTIONS Work described herein is based upon the assumptions listed below. If conditions differ from those assumed in a manner that will affect schedule of Scope of Work, Consultant shall advise City in writing of the magnitude of the required adjustments. Changes in completion schedule or compensation to Consultant will be negotiated with City. 1. City will provide Consultant record drawings of all available existing facilities and proposed facilities, which shall serve as the basis of design in this project. The information will be provided to Consultant within 5 calendar days of NTP. 2. City personnel will assist in field verification of affected existing City facilities. This includes marking in field (in a timely manner) existing water mains, sanitary sewers & laterals, force mains, reclaimed water mains and drainage in the field for the Surveyor. 3. Consultant can assume that all existing and proposed reclaimed water main alignment is within City of Delray Beach and FDOT rights -of -way. 4. AlA is a State Road. 5. City is responsible for all permitting fees, including costs of public notification in local newspapers. 6. The Contract Documents will be prepared as a single contract. No pre - purchase of materials and /or equipment is presumed. 7. A single bidding effort for the project is assumed. Re- bidding of the project is considered Additional Services. 8. City will be responsible for preparation of any descriptions, sketches and acquisition of easements (including temporary construction easements) that may be required. Consultant will identify the location and dimensions of any easements or temporary construction easements required for use of the City to prepare the easement descriptions and deeds. 9. The design is to be based on the federal, state and local codes and standards in effect at the beginning of the project. Revisions required for compliance with any subsequent changes to those regulations is considered an Additional Services Item not currently included in this Scope of Work. 10. Consultant assumes that there are no contaminated soils or groundwater in the project area. RWMareal2Acontract02 /04/14 6 ADDITIONAL SERVICES Consultant shall provide additional engineering services relating to the provision of surveying, geotechnical, sanitary, water, reclaimed water, and drainage improvements to the project area that are not covered under this Service Authorization. These additional services may be required due to uncertainties discovered during survey, soils, investigations, field verification of existing facilities and conditions, and potential property or easement acquisitions. Services performed under this task will be on as- directed basis in accordance with a written Notice -to- Proceed from the City Manager. The Notice -to- Proceed issued shall contain the following information and requirements: • A detailed description of the work to be undertaken. • A budget establishing the amount of the fee to be paid in accordance with the Agreement. A time established for completion of the work. III. TIME OF PERFORMANCE The completion dates for this work will be as follows (starting at written notice -to- proceed). Refer to Attachment A for the project schedule. Engineering Services Survey Phase III — Final Design Permitting (2) Phase IV — Bidding Time per Phase 60 days 220 days 30 days 60 days Cumulative Time 60 days 280 days 280 days 340 days (1)Geotechnical, Surveying, and Field Verification will be completed during Final Design Phase. (2)Permitting will overlap with 100% design time frame. * The schedule is based upon conducting a review meeting within 14 calendar days after the City receives the design submittal. All review comments shall be provided to Consultant within 14 calendar days after the City receives the submittal. An adjustment to the overall schedule will be required in case the review meeting takes longer to be conducted and/or obtaining comments takes longer to receive. VI. COMPENSATION The compensation for services provided shall be billed on an hourly basis plus reimbursable expenses for each phase of work in accordance with Article VII, Method II, up to the following not to exceed cost for each phase. Refer to Attachment B for budget summary. Engineering Services Estimated Fees Phase III — Final Design Phase $ 82,554.00 Phase IV — Bidding Phase $ 7,199.00 Permitting $ 1,203.00 Surveying $ 55,656.00 Geotechnical $ 5,897.00 Field Verification $ 23,667.00 Out -of- Pocket Expenses $ 2,000.00 TOTAL PROJECT COST $ 1789176.00 Notes: (I)Out -of- Pocket Expenses include the following: printing /reproduction and postage. RWMareal2Acontract02 /04/14 7 This Service Authorization is approved contingent upon the City's acceptance of and satisfaction of the completion of the services rendered in the previous phase whereas encompassed by the previous Service Authorization. If the City in its sole discretion is unsatisfied with the services provided in the previous phase or Service Authorization, the City may terminate the contract without incurring any further liability. The Consultant shall commence work upon City Commission approval and this Service Authorization to be included as part of the contract without any further notice to proceed. Approve by: CITY OF DELRAY BEACH: Date: Cary D. Glickstein, Mayor Attest: Approved as to Legal Sufficiency and Form RWMareal2Acontract02 /04/14 8 MATHEWS CONSULTING, INC. Date: David Mathews, P.E., Vice President Witness STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of , 2014 by David Mathews, Vice President of Mathews Consulting, Inc., a Florida corporation, on behalf of the corporation. He /She is (personally known to me) or (has produced identification), Florida Driver's License and (did /did not) take an oath. 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EW bt _Auk n 1 ' -�b s +•� - �? t�� If r 1'- a• v <7, lob • 1P�ii�� t ,xf X.. a.•� '. a - ♦' 11 it add; r •R'� 71� 0 CITY � Fa, OF MEMORANDUM TECHNICAL AREA 12 RECLAIMED WATER PROJECla • MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: Louie Chapman, Jr., City Manager DATE: February 12, 2014 SUBJECT: AGENDA ITEM 8.I. - REGULAR COMMISSION MEETING OF FEBRUARY 24, 2014 PROFESSIONAL SERVICES VENDOR LIST/NEIGHBORHOOD STABILIZATION ITEM BEFORE COMMISSION The item before City Commission is approval of the list of General Contractors required to carry-out housing rehabilitation activities under the Neighborhood Stabilization Program (NSP) solicited under RFP 01- 2014NS. BACKGROUND On October 27, 2013, the City publicized a Request for Proposal (RFP 01- 2014NS) to obtain general contractors to provide housing rehabilitation services for NSP properties, in accordance with Chapter 36 of the City Code of Ordinances, Sec. 36.02, (A)(2), "Request for Proposals ". Responses were received on November 18, 2013, from thirteen (13) companies, three (3) of which were determined to be qualified and selected to provide services for rehabilitation and construction, in accordance with City purchasing policies and the specifications of the RFP. A tabulation of responses and costs is attached for your review. The Neighborhood Services Division is expecting to purchase and rehabilitate a maximum of five (5) units during this period. The total cost of repairs for housing units acquired will be determined on a case -by -case basis. Staff is recommending the following companies be approved for the professional services designated after executing the required agreement with the City: All Phase Roofing and Construction Blackstreet Enterprises, LLC CJ Contracting, LLC. FUNDING SOURCE Funding is available from 118 - 1935 - 554 -62.12 (Neighborhood Services: Department of Community Affairs- Neighborhood Stabilization Program/Capital Outlay /Acquisition Rehabilitation) and 118 -1934- 554- 62.12 (Neighborhood Services: Community Redevelopment Agency- Neighborhood Stabilization Program/Capital Outlay /Acquisition Rehabilitation). RECOMMENDATION Staff recommends approval of the list of qualified vendors in response to the City's RFP 01- 2014NS. o v�v_i 0 o o o v v a Y} c O � m m C4 6 °m °m u°� v °v N C O a v N Y] N U w cR w w w w w w w w w C� O O O 4 O Q O O O v O O O O O v O v O O 4l M1 c R d F 0 U d rt O U d w w w w w w w w w w to -yA o f O Q 4 O v O 0 O O d p v F YJ N f0+ v h ti f M N m � r� o in p lu w m c 0 N lC a a N m U a O N o O M1 o O a O M1 o O n o O � $ W 0 O fU 0 O IO 0 O m 0 O N ° g C 0 o m } m U W > G L N W w w w r» w w w w w w w c 0 0 0 0 0 0 0 o v o 0 °n W vi of ai ai o o r v ri Ki z C v> a ui c U t w w w w en o vi vi ri � uu ou e 0 o c ao urS 7 � U U w w Vf w w w w w w 10 w > m 0 q 0 o 0 v o O a o o v 0 o 0 n 0 u] 0 0 0 4 m i!1 a M N n N N RnJ N N l0`i b E N 16 z O m b m x c � Z 6 m U O o W O U O D. N m w w w w w w w w w w w 0 0 0 v a o n n o 0 0 m n v a v M m m m U rt W w w w w w w w w w w w J O O v O O O O O O O v O C O 4 O O O o O O O m F M b m tD N N 'u 0 u w w w w w «» w w w w w > o! v p 4 v O O O O b O d O a O O O O O a O O O 9 0 C m N N N N N N N N faV W e W � C U V w w w w w w w w w w w 0 R NCA u> w w a@ a m a m a m a m b m a m w � a 4 v°� W° ua� � j a M � Ili N 11"l N fN W fD O �D N J W U w w w fR w w w w w c 0 v 0 a 0 o o o a a a o o o v a 0 0 o v a m m° o a o o v r5 0 0 0 6 a 0 V3 w a c o m > a ¢° o U w w Y+ w w w w w w w w 0 m C N ° a o m m N O= a (7 N N m H N N N U W Lo m r m m o o v�v_i 4 N Y} O O � h o a v N Y] N o � e n u] 4 a o m is c R d rt C � C O O 01 r� o in p N lC a E a 0 o m } m U 0 e _a °n N c O v w C v> a ui t .b 0 v c e 7 g O rn Q w W c m 2 a E N 16 v o W O U O D. N m V"1 0 T4 N E t fo CL D C s v IL W z W W LL z 0 u z� z W CL 0 0 m J LLI W C3 d' I.. C z m L WI la J d� e la z 0 E 0 0 p U U U L N 16 U � � I6 m 9 � � ro ro E E m � c ° ro W IAN W i\ W end N rod z P, A C @4 N M N N N r! rl a=1 � H � W IAN W i\ W m m m z P, A C J j O G N O O O z IL e' W 3 O O L Q O !, a z � a � w z W IAN W i\ W m m m z P, A C J j O G L O O O z IL e' W 3 O O L Q O !, a z � E m r. z STANDARD FORM OF AGREEMENT BETWEEN CITY AND CONTRACTOR THIS AGREEMENT made this day of 2014, by and between the CITY OF DELRAY BEACH (hereinafter called CITY) and CJ Contracting, LLC., (hereinafter referred to as the CONTRACTOR). follows: WITNESSETH: The CITY and the CONTRACTOR in consideration of the mutual covenants hereinafter set forth, agree as 1. The undersigned CONTRACTOR hereby represents that he has carefully examined all Contract documents, and will perform the contractual requirements pursuant to all covenants and conditions.. 2. The CONTRACTOR, as evidenced by the execution of this contract, acknowledges that it has examined the physical characteristics of the job requirements. The CONTRACTOR further acknowledges that the Proposal Price includes all costs and expenses required for the satisfactory completion of the contracts requirements. 3. The contract between the CITY and the CONTRACTOR include the following documents which are attached hereto and incorporated herein by reference of the following: CONTRACT DOCUMENTS Request for Qualification Insurance Requirements Conflict of Interest Statement Fee Schedule Acceptance of Proposal Terms and Conditions Addendum Acknowledgment 4. The term of this contract shall commence on the date indicated on the Notice to Proceed. 5. This agreement shall be governed by the laws of the State of Florida as Now and hereafter in force. The venue for actions arising out of this agreement shall be Palm Beach County, Florida. 6. All notices, requests, demands, and other given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses: As to City: City of Delray Beach 100 NW 1St Avenue Delray Beach, FL 33444 As to CONTRACTOR: CJ Contracting, LLC 541 SW Dahled AVenue Port St, Lucie, FL 34953 7. The CONTRACTOR shall not, without prior written consent of the CITY, assign any portion of its interest under this contract and, specifically, the CONTRACTOR shall not assign any moneys due or to become due without the prior written consent of the CITY. 8. The CITY and the CONTRACTOR each binds himself, his partners, successors, assigns and legal representatives to the other party hereto in respect to all covenants, agreements and obligations contained in the contract documents. 9. In consideration of ten dollars ($10.00) and other valuable consideration, the CONTRACTOR shall defend, indemnify and save harmless the CITY, its officers, agents and employees, from or on account of any liabilities, damages, losses and costs received or sustained by any person or persons by or in consequence of any negligence (excluding the sole negligence of the CITY), recklessness or intentional wrongful misconduct of the CONTRACTOR and any persons employed or utilized by the CONTRACTOR in the performance of the Project. CONTRACTOR agrees that negligent, reckless or intentional wrongful misconduct includes, but is not limited to, use of any improper materials or liabilities, damages, losses or costs caused by or on account of the use improper materials, CONTRACTOR agrees that negligent, reckless or intentional wrongful misconduct also includes but is not limited to the violation of any Federal, State, County or City laws, by -laws, ordinances or regulations by the CONTRACTOR, his subcontractors, agents, servants or employees. CONTRACTOR further agrees to defend, indemnify and save harmless the CITY from all such claims and fees, and from any and all suits and actions of every name and description that may be brought against the CITY on account of any claims, fees, royalties, or costs for any invention or patent, and from any and all suits and actions that may be brought against the CITY for the infringement of any and all patents or patent rights claimed by any person, firm, or corporation. The indemnification provided above shall obligate the CONTRACTOR to defend at his own expense or to provide for such defense, at the CITY'S option, any and all claims or liability and all suits and actions of every name and description that may be brought against the CITY which may result from the operations and activities under this Contract whether the construction operations be performed by the CONTRACTOR, his subcontractor or by anyone directly or indirectly employed by either. This indemnification includes all costs and fees including attorney's fees and costs at trial and appellate levels. The CITY will pay to the CONTRACTOR the specific consideration of ten dollars and other good and valuable consideration as specific consideration for the indemnification provided herein. Furthermore, the CONTRACTOR acknowledges that the Proposal price includes said consideration for the indemnification provision. 10. This Agreement shall be considered null and void unless signed by both the CONTRACTOR and the CITY. 11. The contract documents constitute the entire agreement between the CITY and the CONTRACTOR and may only be altered, amended or repealed by a dully executed written instrument. 12. CONTRACTOR is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this contract, and may demand and obtain records and testimony from CONTRACTOR and its subcontractors and lower tier subcontractors. CONTRACTOR understands and agrees that in addition to all other remedies and consequences provided by law, the failure of CONTRACTOR or its subcontractor or lower tier subcontractors to fully cooperate with the Inspector General when requested may be deemed by the CITY to be a material breach of this Agreement justifying its termination. 13. CONTRACTOR shall comply with all public records laws in accordance with Chapter 119, Fla. Stat. In accordance with state law, CONTRACTOR agrees to: a. Keep and maintain all records that ordinarily and necessarily would be required by the CITY. b. Provide the public with access to public records on the same terms and conditions that the CITY would provide for the records and at a cost that does not exceed the costs provided in Chapter 119, Fla. Stat. or as otherwise provided by law. c. Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law. d. Meet all requirements for retaining public records and transfer, at no cost, to the CITY all records in possession of the CONTRACTOR at the termination of the contract and destroy any public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the CITY in a format that is compatible with the information technology systems of the CITY. All records shall be transferred to the CITY prior to final payment t being made to the CONTRACTOR. e. If CONTRACTOR does not comply with this section, the CITY shall enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law. IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT, the day and year first above written. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Cary Glickstein, Mayor Approved as to form: City Attorney Contractor Firm Name WITNESS: CONTRACTOR" By: (Print or type name and title) (Print or type name and title) STANDARD FORM OF AGREEMENT BETWEEN CITY AND CONTRACTOR THIS AGREEMENT made this day of 2014, by and between the CITY OF DELRAY BEACH (hereinafter called CITY) and Blackstreet Enterprises, LLC., (hereinafter referred to as the CONTRACTOR). follows: WITNESSETH: The CITY and the CONTRACTOR in consideration of the mutual covenants hereinafter set forth, agree as The undersigned CONTRACTOR hereby represents that he has carefully examined all Contract documents, and will perform the contractual requirements pursuant to all covenants and conditions.. 2. The CONTRACTOR, as evidenced by the execution of this contract, acknowledges that it has examined the physical characteristics of the job requirements. The CONTRACTOR further acknowledges that the Proposal Price includes all costs and expenses required for the satisfactory completion of the contracts requirements. 3. The contract between the CITY and the CONTRACTOR include the following documents which are attached hereto and incorporated herein by reference of the following: CONTRACT DOCUMENTS Request for Qualification Insurance Requirements Conflict of Interest Statement Fee Schedule Acceptance of Proposal Terms and Conditions Addendum Acknowledgment 4. The term of this contract shall commence on the date indicated on the Notice to Proceed. 5. This agreement shall be governed by the laws of the State of Florida as Now and hereafter in force. The venue for actions arising out of this agreement shall be Palm Beach County, Florida. 6. All notices, requests, demands, and other given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses: As to City: City of Delray Beach 100 NW 1St Avenue Delray Beach, FL 33444 As to CONTRACTOR: Blackstreet Enterprises, LLC 535 NW Mercantile Place, Unit 107 Port St, Lucie, FL 34986 7. The CONTRACTOR shall not, without prior written consent of the CITY, assign any portion of its interest under this contract and, specifically, the CONTRACTOR shall not assign any moneys due or to become due without the prior written consent of the CITY. 8. The CITY and the CONTRACTOR each binds himself, his partners, successors, assigns and legal representatives to the other party hereto in respect to all covenants, agreements and obligations contained in the contract documents. 9. In consideration of ten dollars ($10.00) and other valuable consideration, the CONTRACTOR shall defend, indemnify and save harmless the CITY, its officers, agents and employees, from or on account of any liabilities, damages, losses and costs received or sustained by any person or persons by or in consequence of any negligence (excluding the sole negligence of the CITY), recklessness or intentional wrongful misconduct of the CONTRACTOR and any persons employed or utilized by the CONTRACTOR in the performance of the Project. CONTRACTOR agrees that negligent, reckless or intentional wrongful misconduct includes, but is not limited to, use of any improper materials or liabilities, damages, losses or costs caused by or on account of the use improper materials, CONTRACTOR agrees that negligent, reckless or intentional wrongful misconduct also includes but is not limited to the violation of any Federal, State, County or City laws, by -laws, ordinances or regulations by the CONTRACTOR, his subcontractors, agents, servants or employees. CONTRACTOR further agrees to defend, indemnify and save harmless the CITY from all such claims and fees, and from any and all suits and actions of every name and description that may be brought against the CITY on account of any claims, fees, royalties, or costs for any invention or patent, and from any and all suits and actions that may be brought against the CITY for the infringement of any and all patents or patent rights claimed by any person, firm, or corporation. The indemnification provided above shall obligate the CONTRACTOR to defend at his own expense or to provide for such defense, at the CITY'S option, any and all claims or liability and all suits and actions of every name and description that may be brought against the CITY which may result from the operations and activities under this Contract whether the construction operations be performed by the CONTRACTOR, his subcontractor or by anyone directly or indirectly employed by either. This indemnification includes all costs and fees including attorney's fees and costs at trial and appellate levels. The CITY will pay to the CONTRACTOR the specific consideration of ten dollars and other good and valuable consideration as specific consideration for the indemnification provided herein. Furthermore, the CONTRACTOR acknowledges that the Proposal price includes said consideration for the indemnification provision. 10. This Agreement shall be considered null and void unless signed by both the CONTRACTOR and the CITY. 11. The contract documents constitute the entire agreement between the CITY and the CONTRACTOR and may only be altered, amended or repealed by a dully executed written instrument. 12. CONTRACTOR is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this contract, and may demand and obtain records and testimony from CONTRACTOR and its subcontractors and lower tier subcontractors. CONTRACTOR understands and agrees that in addition to all other remedies and consequences provided by law, the failure of CONTRACTOR or its subcontractor or lower tier subcontractors to fully cooperate with the Inspector General when requested may be deemed by the CITY to be a material breach of this Agreement justifying its termination. 13. CONTRACTOR shall comply with all public records laws in accordance with Chapter 119, Fla. Stat. In accordance with state law, CONTRACTOR agrees to: a. Keep and maintain all records that ordinarily and necessarily would be required by the CITY. b. Provide the public with access to public records on the same terms and conditions that the CITY would provide for the records and at a cost that does not exceed the costs provided in Chapter 119, Fla. Stat. or as otherwise provided by law. c. Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law. d. Meet all requirements for retaining public records and transfer, at no cost, to the CITY all records in possession of the CONTRACTOR at the termination of the contract and destroy any public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the CITY in a format that is compatible with the information technology systems of the CITY. All records shall be transferred to the CITY prior to final payment t being made to the CONTRACTOR. e. If CONTRACTOR does not comply with this section, the CITY shall enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law. IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT, the day and year first above written. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Cary Glickstein, Mayor Approved as to form: City Attorney Contractor Firm Name WITNESS: CONTRACTOR" By: (Print or type name and title) (Print or type name and title) STANDARD FORM OF AGREEMENT BETWEEN CITY AND CONTRACTOR THIS AGREEMENT made this day of 2014, by and between the CITY OF DELRAY BEACH (hereinafter called CITY) and All Phase Roofing & Construction., (hereinafter referred to as the CONTRACTOR). follows: WITNESSETH: The CITY and the CONTRACTOR in consideration of the mutual covenants hereinafter set forth, agree as The undersigned CONTRACTOR hereby represents that he has carefully examined all Contract documents, and will perform the contractual requirements pursuant to all covenants and conditions.. 2. The CONTRACTOR, as evidenced by the execution of this contract, acknowledges that it has examined the physical characteristics of the job requirements. The CONTRACTOR further acknowledges that the Proposal Price includes all costs and expenses required for the satisfactory completion of the contracts requirements. 3. The contract between the CITY and the CONTRACTOR include the following documents which are attached hereto and incorporated herein by reference of the following: CONTRACT DOCUMENTS Request for Qualification Insurance Requirements Conflict of Interest Statement Fee Schedule Acceptance of Proposal Terms and Conditions Addendum Acknowledgment 4. The term of this contract shall commence on the date indicated on the Notice to Proceed. 5. This agreement shall be governed by the laws of the State of Florida as Now and hereafter in force. The venue for actions arising out of this agreement shall be Palm Beach County, Florida. 6. All notices, requests, demands, and other given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses: As to City: City of Delray Beach 100 NW 1St Avenue Delray Beach, FL 33444 As to CONTRACTOR: All Phase Roofing & Construction 601 Whitney Avenue #1 Lantana, FL 33462 7. The CONTRACTOR shall not, without prior written consent of the CITY, assign any portion of its interest under this contract and, specifically, the CONTRACTOR shall not assign any moneys due or to become due without the prior written consent of the CITY. 8. The CITY and the CONTRACTOR each binds himself, his partners, successors, assigns and legal representatives to the other party hereto in respect to all covenants, agreements and obligations contained in the contract documents. 9. In consideration of ten dollars ($10.00) and other valuable consideration, the CONTRACTOR shall defend, indemnify and save harmless the CITY, its officers, agents and employees, from or on account of any liabilities, damages, losses and costs received or sustained by any person or persons by or in consequence of any negligence (excluding the sole negligence of the CITY), recklessness or intentional wrongful misconduct of the CONTRACTOR and any persons employed or utilized by the CONTRACTOR in the performance of the Project. CONTRACTOR agrees that negligent, reckless or intentional wrongful misconduct includes, but is not limited to, use of any improper materials or liabilities, damages, losses or costs caused by or on account of the use improper materials, CONTRACTOR agrees that negligent, reckless or intentional wrongful misconduct also includes but is not limited to the violation of any Federal, State, County or City laws, by -laws, ordinances or regulations by the CONTRACTOR, his subcontractors, agents, servants or employees. CONTRACTOR further agrees to defend, indemnify and save harmless the CITY from all such claims and fees, and from any and all suits and actions of every name and description that may be brought against the CITY on account of any claims, fees, royalties, or costs for any invention or patent, and from any and all suits and actions that may be brought against the CITY for the infringement of any and all patents or patent rights claimed by any person, firm, or corporation. The indemnification provided above shall obligate the CONTRACTOR to defend at his own expense or to provide for such defense, at the CITY'S option, any and all claims or liability and all suits and actions of every name and description that may be brought against the CITY which may result from the operations and activities under this Contract whether the construction operations be performed by the CONTRACTOR, his subcontractor or by anyone directly or indirectly employed by either. This indemnification includes all costs and fees including attorney's fees and costs at trial and appellate levels. The CITY will pay to the CONTRACTOR the specific consideration of ten dollars and other good and valuable consideration as specific consideration for the indemnification provided herein. Furthermore, the CONTRACTOR acknowledges that the Proposal price includes said consideration for the indemnification provision. 10. This Agreement shall be considered null and void unless signed by both the CONTRACTOR and the CITY. 11. The contract documents constitute the entire agreement between the CITY and the CONTRACTOR and may only be altered, amended or repealed by a dully executed written instrument. 12. CONTRACTOR is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this contract, and may demand and obtain records and testimony from CONTRACTOR and its subcontractors and lower tier subcontractors. CONTRACTOR understands and agrees that in addition to all other remedies and consequences provided by law, the failure of CONTRACTOR or its subcontractor or lower tier subcontractors to fully cooperate with the Inspector General when requested may be deemed by the CITY to be a material breach of this Agreement justifying its termination. 13. CONTRACTOR shall comply with all public records laws in accordance with Chapter 119, Fla. Stat. In accordance with state law, CONTRACTOR agrees to: a. Keep and maintain all records that ordinarily and necessarily would be required by the CITY. b. Provide the public with access to public records on the same terms and conditions that the CITY would provide for the records and at a cost that does not exceed the costs provided in Chapter 119, Fla. Stat. or as otherwise provided by law. c. Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law. d. Meet all requirements for retaining public records and transfer, at no cost, to the CITY all records in possession of the CONTRACTOR at the termination of the contract and destroy any public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the CITY in a format that is compatible with the information technology systems of the CITY. All records shall be transferred to the CITY prior to final payment t being made to the CONTRACTOR. e. If CONTRACTOR does not comply with this section, the CITY shall enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law. IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT, the day and year first above written. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Cary Glickstein, Mayor Approved as to form: City Attorney Contractor Firm Name WITNESS: CONTRACTOR" By: (Print or type name and title) (Print or type name and title) MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: Louie Chapman, Jr., City Manager DATE: February 12, 2014 SUBJECT: AGENDA ITEM 8.1 - REGULAR COMMISSION MEETING OF FEBRUARY 24, 2014 AMENDMENT TO WORKFORCE HOUSING COVENANT/ALTA CONGRESS OWNER, LLC AND SP5 WOOD MIDTOWN DELRAY, LLC ITEM BEFORE COMMISSION The item before City Commission is consideration and approval of an amendment to the Workforce Housing Covenant between the City of Delray Beach and Alta Congress Owner, LLC and SP5 Wood Midtown Delray, LLC, pursuant to the requirements under Section 4.7 of the Land Development Regulations. BACKGROUND The lending institution for these projects has required that the City make the following changes to the language under Section 2.5 governing workforce housing units offered for rental. The language serves to clarify and correct the intent of this section. Changes are highlighted below: 2.5. Workforce Housing Units offered for rental shall be marketed continuously as Workforce Housing Units. In the event that, notwithstanding the marketing efforts, Workforce Housing Unit(s) that are vacant or to become vacant upon the termination of an expiring lease are offered for iwnfal mnain Parart for forty-five (45) days or more but are not leased to eligible occupants due to a lack of Eligible Occupants, the Workforce Unit(s) may be rented to other non - Eligible Occupants willing to rent such unit within the rental rate required under the Covenant, provided that the rental rate is the same as it would have been if the occupant had been deemed to be an Eligible Occupant under the City's Workforce Housing Ordinance. In such event, the Unit will still be considered a Workforce Housing Unit for the purposes of this Ordinance for the duration of the rental term provided; however, in no event shall there be less than fifteen percent (15 %) of the Units occupied or available for occupancy at any time by Eligible Occupants. Notwithstanding the above, in the event that despite good faith marketing efforts, occupancy of fifteen percent (15 %) of the Units by Eligible Occupants cannot be achieved, City and Developer shall, within 30 days of a request by Developer, negotiate in good faith to agree upon an alternative commercially reasonable percentage and this covenant shall be amended accordingly. These changes have been reviewed by the Interim City Attorney who has agreed that the language is appropriate and acceptable and does not create a substantial change to the agreement. RECOMMENDATION Staff is recommends approval of the Amendment to the Workforce Housing Covenant, as proposed, between the City and Alta Congress Owner, LLC and SP5 Wood Midtown Delray, LLC. CFN 201202498,513 OR BK `?`5'281 :'G .0060 RECORDED 36/25/203.2. 164+0x25 Palm Beach aunty, Florida Sharon R. Bock, CLERK COAPTROLLER Tbis instrument prepared by: Rg -5' { 6p ) Jeffrey C. Lynne, Esquire Weiner, Lynne & Thompson, PA 10 SE V A.ve.aue, Ste. C Delray Beach, Florida 33444. AMENDMENT: TO W'ORKF'ORCE I OUSING COVENANT T IS AMENDMENT O WORKFORCE HOUSING CtJ'4TNAN T (this "Amendment ") is made this day of ; 2012 by and between CITY OF DELRAY BEACH, a Florida Municipal Corporation (referxed to herei n as "City "), and ��LTA CONGRESS OWNER . LLC, a Delaware limited liability company (referred to herein as . `'.Developer ", which term shall .include any successor to Developer as owner of the entire Development). RECITALS A, The City and Developer entered into that certain Workforce Housing Covenant, dated as of .February 2d, 2011 and recorded March 21. 2011, in Official Records Boole 24418, Page 970, of the Public Records of Palm Beach County; Florida (the `;Agreement" ). B. This Covenant shall apply and be enforceable against Developer and all current and fixture Olxners. as applicable, during the term of this Covenant arid shall restrict the sale, resale, rental and use.of the applicable housing as provided Herein. C. Section 53 of the Agreement provides that the A nr anent may be amended at any time by a recorded document acknowledged by the Developer. D. City and Developer desire to amend the Agreemeni as hereinafter provided, NOW, THEREFORE, City and Developer hereby agree as folloNIVs: 1: The recitals set forth above are trite, correct and incorporated hereby by reference. In the event of any conflict between the :terms and provisions of this. Amendmeat and the Agreement, then the terms and provisions of this Anzendrnetit.shall control. 2. This Amendment. bas been duly approved by the City azid Developer:' 3. Section 1.11 of the Agreement is amended as follows: Moderate Income Household A household with a gross, combined income between 81% and 120% of the Palm Beach Countv Adjusted Median Income (as *~ defined by the Florida Housing Finance Corporation) as published more Vecifically -in the "Income Limits Florida Housing Finance Corporation CWHIP Homeownership Program" table for W e.5t Palm Beach -- Boca Raton H,MFA .Palm Beach area. 4 Section 23 of the Agreement is hereby amended as follows: At all. tams; at least. M. renty (20 %) percent of all Units in the Development must be Workforce I:lo€�sing Units that are affordable to moderate income fainilies. However, the Developer ; shalI be uncle -f no- obligation to gent a Unit to anv particular Moderate Income Household and may use its staridard un&nkritin� criteria to gtWif all Moderate Income Households. 5. Section 2.3a 1 of the Agreement is hereby amended as follows: Woxlcfnxce Housing Units targeted to moderate Moderate ineelRe Income bausehold s Households at 81% to the 120% affordability level of the balm Beach Coup ty- median income. adjusted for family size; shall not have rental rates that exce ' I °' f the �D-��e �..�F resat . limit for the area as in "React Li Palm Bead area >. 5. Except as set fDrtb in this A erzdz ent, the Agreement roinains unmodified and is in full force and effect. [SIGNATURES ON FOLLOWING WAGES] M ............. mess:'. TNvelb cr have caused this Covenant to :tae � ccct�fed an ato duly: authorized. . . - -._... Ne�sc�zt �5 � c ih. t e., May`oi form EXHIBIT "A" Legal Description of Real Pro icrty; IN . ..... . ............. '.f. I ! 3eOds:' at rental lr market rent E. This Covenant shall apply and be enforceable agairist Developer and all current and future Owners, as applicable, during the term of this Covenant and shall restrict the. sale., resale, rental and use of the applicable housing as proN dr d herein. NOW, THEREFORE, City and Developer hereby agree as.follows.. .1, DEFINITIONS The followri g terns not otherwise defiled . herein shall. have the meanings set forth below for purposes of this Covenant,. and if a. tei is defined in the Regulations, the Regulations shall controf: Adjusted: Median Income {A.M.1 The Palm: Beach, County median income, based on a family of four, as published. by`F°lorida Housing.Finance Agency. 1.1 Afforda i iiy Controls — Restrictions placed on. dwelling Units by Which the rent of such "Units and/or the income of the purchaser or lessee will be restricted in order to ensure that the Units remain affordable to moderate income households. 1.3. City The City of Delray Beach.; Florida 1.4 CRA — The Delray Beach. Community Redevelopment Agency 1.5. Development _ The housing development at the'R:eal Property for which approvals of density bonus Units have been granted . by the City to the Developer. 1.6. Eligible Occupant -- A .household who is income eligible to. relit, a Workforce Housing Unit. Priority will be given to persons who. have lived or worked within. the City. .limits of Delray Beach. continually for one year Immediately prior to the date of application for a Workforce Housing 'Unit in the Development and. Who are: income eligible. 1 7. Exempt Transfer — A 'Transfer of all of the Development, as opposed to a Transfer of one or More indivi&ad Units that are separate from a `transfer of the entire Development. L.S. First T6e Home Bu rcr -- A person who has not held ri vnership in a residence within the past three years. 1.9. HUD means the United States 'Department of Mousing_ and -Urban Development. l,1 0. Household -- A single person living alone, or two or more persons sharing. residency, writh a combined income available to cover household expenses. 2 1,11. Moderate Income Household A household with a gross, combined income between 8.1% and 120% of the Pair Beach. County Adjusted Median Income (as defined by the Florida Housing Finance Corporation). 1.12. Purchase Price or Sales Price small mean all consideration paid for the Transfer of a Unit either at or outside of closing, but shall not include any proration amounts, taxes, costs and .expenses: of obtaining financing, the fair market value of furnishings or personal property,, leader fees; title insurance fees, closing costs, inspection fees; or other not .al and customary costs related to the purchase of property but not paid directly to. the seller. 1.13. Transfer means any sale; assignment or transfer, ��oluaitary err involctutary, or by operation: of law (whether by deed, contract of.sale::gift, devise ;. b ecitiest, trustee's sale; creed in licit of foreclosure, or otherwise) of any interest in a Unit, including but not limited to, a, fee :simple: interest, a joint tonaney interest;. a tenancy in .common, .a life estate; a leasehold interest (except. for an Affordable Housing Unit lease -as permitted by this Covenant), or any interest evidenced by a land contract by which possession of such Unit Is transferred while the existing Unit ONvr er retains title. 1.14. Unit tneans a single .family, c-ondorruniuin, townhouse, or apartment residence located in the Development, 1.15 Unit € wner means the record title owner at anytime. of a Unit Unit dwelling unit for I.16. '�V�rkftmrce Housing 1.�it of, Wor force Unit A , , whichh the rent or mortgage payment (including principal, interest, taxes and Insurance. (" p.I:T.I ")) does not exceed 35% of the gross income .of households that classify as moderate income households and meets the other requirements of the Affordable Hous. ig Program? 1. RENTAL OF UNITS. 2.1. The Development shall be subject to this Covenant, and each lessee shall be an Eligible 0mupant, except.as provided in Section 2:5 below. 12: Ip no event shall any Unit in the Development be used for transient, interval or timeshare rental. or ownership: 23, At all times, at least twenty (20%) percent of all Units in. the Development roust be Workforce Housing Units that `are affordable to' moderate i ncomne families.. 2.3.1. Workforce Housing Units to moderate income- housebolds at 81% to: the 120% affordability level of the Palm Beach County Median n1come, adjusted for family size, shall not :have. recital rates that exceed 140% of the HUD determined fair rnarlcet rent.for the area. 2.3.2. No %orkforce Housing Units shall be offered for rent: to the general public until all requirements of this Covenant are met, 2.1 3. No efficiency or studio type Workforce Housing Units are allowed. 2A. The Developer 'shall provide Workforce:: Housing Units that include Unit types in the same proportion as the market rate housing unit types, The following conditions roust be duet: 2AL The proportion of one (l) bedroom Work-force Units to total Workforce Units may not exceed the proportion of one (l) bedroom market mite Units, to total rnarket rate Units. 2.42, The proportion of two (2) bedroom Workforce Units to Total Workforce Units may not exceed the proportion of two (2) bedroom market Tate Units to total market rate Units. 2,43. The proportion of three (3) bedroom Workforce Units to total Workforce Units must meet cat° exceed the proportion of three (a) bedroom market rate Units to total market rate Units, unless four plus (4+) bedroorn Workforce UnitF are provided. 2.4.4. The proportion of four plus (4+) bedroom Workforce Units to total Workforce Units must meet or exceed the proportion of four plus 4+ bedroom market rate: Units to total market rate Units.. 2A5. If the Development contains a mix of different types of Units, (e,g; condominium, tomihouse, detached, etc), the pzc�poriioir of Workforce Units of each type to total Workforce Units roust be approximately the same as the proportion of market rate Units' of each type to total market rate Units. 2.4.6. If the development includes both. for sale and for rent Units, the proportion of for rent Workforce Units to for sale Workforce Units must not exceed the proportion of for rent market rate Units to for sale market rate Emits; provided however if the Workforce Housing; Units: are funded under Florida Housing Fiance Corporation's Housing Credit or SAIL Programs, the ar€iportionality rqt irerrient. herein stated shall not apply if the Development provides, at least twenty percent (20 %) of the "for sale" Units as Workforce Housing Units. 214.1. The total number of oxme bedroom Units shall not exceed 30% of the total number of Units in the Project including both Workforce units and market rate Units,. 2,5. Workforce Housing Units offered for rental shall be marketed continuously as Workforce. Housing Units. In the event that, dot - withstanding the marketing efforts., Workforce Housing Unit(s) offered for rental emain vacant for 45 4 days or more due. to a lack of Eligible Occupants, the Workforce, Unit(s) may be rented to other non eligi ale occupants, provided that the rental rate is the same as it would have .been if the occupant had been deemed to be an .Eligible Occupant under the City's' workforce Housing ordinance; In such event,. the Unit will still he considered a Workforce. Housing Chit for the purposes of this ordinance. for the duration of the rental term. provided, however; in no event shall there be less than I5 percent of the Units occupied or available far: occuparrcy at any time -by Eligible Workforce Housing. Occupants, Notwithstanding the above, in the event that despite good faith marketing efforts occupancy of l5 percent of the units by Eligible Workforce Housing. Occupants cannot be achieved, City and Developer shall, within 3€1 days' of a request by Developer, negotiate in good faith to agree upon an alternative cc�mmercz tly reasonable. percentage and this Covenant shall be amended accordingly. 11 1. FUTURE SALE OF WORKFORCE HOUSING UNITS 1.I. Should Units be offered for sale in the future in accordance With Florida Condotninium..l:.,aw o.rtly deeds of those uftits to be sold as Wbrkforc-e. Housing Units shall include reference to this Covenant. All sales contracts shall state that the AVorkforce Housing Unit is part. of the Affordable Housing Program and subject to these Covenants. All deeds to Unit Owners of Workforce Housing; Units (except: for a deed for an Exempt Transfer) shall provide`that the Delray Beach Community Laid Trust, Inc., a Florida not for profit corporation ( "DBCLT"') shall have the right of first refusal to purchase the Workforce Housing Unit on the same 'terms and conditions as a prospective buyer. Developer and/or the Workforce Housing Unit Owner shall.notify the DBCLT and the City in writing within five () days after the Developer's or Workf.°orce Housing Unit Owner's acceptance of a contract for sale -and purchase (except for a?z Exempt Transfer). and shall include irk the notice a true and correct copy of the contract. The DBCLT Trust shall have ten (10) business days Ater receipt of the written notice and contract to exercise its right to purchase the 'Unit on the same terms as stated in the contract, except as stated. The DBCLT shall deliver written notice of its exercise to purchase the Workforce ;Housing Unit, to the Developer/ w'orkf'orce Housing Unit Owner within tern (10) days after the receipt by the DBCLT of the Developer's/Unit Owner's written notice. The DBCLT shall close the transaction within.thirty (30) business stays after its election to exercise its right of first refusal. In the event the.DBCL`l` is :not then in existence or no longer qualities to act. as a for the; City, then the City, its successors and assigns nriay exercise te right o first refusal. 3.2. All purchasers of Workforce. Housing Units (except a purchaser pursuant to an 'Exempt Transfer) shall be moderate income households and roust be First Tillie Home Buyers: 3.3: OAmers of Workforce Housing Units (other than the Developer) shall be required to occupy the Unit. If, during ownership, the Owner is unable to continuously occupy the Unit due to illness or incapacity, based upon evidence and application made to. the City, City may i:n.its discretion, excuse compliance with this requirernent. 3A. Closing costs and title insurance shall be paid pursuant to the custom and practice. in Malin Beach. County at the time of closing. No charges or fees shall be imposed by the seller on the purchaser of a Workforce .Housin- Unit which are in addition to or more than charges unposed upon purchasers of market rate Units, except - for adnnnistrative..fees charged.by the City /CRS, or their designee, 3:x.,1.. `Ihe .ma_ximum Sales Price of a Workforce Housing Unit (except for an Exempt Transfer) shall be established by the City Coriirnunity 'Improvement Department based on a formula that considers the prevailing .Institutional Lender mortgage, interest rates,. as approved by the City Commission by resolution. 3:5. Except for an Exempt Transfer, no Workforce Housing units shall be offered. for sale to the general public until all requirements: of this Covenant: are met. Eaeh.purchaser shall. be an Eligible Occupant: 3.6. Except as expressly permitted by this Covenant, no Workforce Housing Unit may be transferred. 3.7. At all times, at least. twenty percent (20 %) of all_ Units. in the Develop.nient must be Workforce.Housing Units that are affordable to moderate income. families. 3;8; Not less than ten (10) calendar days prior to. the closing on any sale or resale (except for an Exempt Trader); the City shall be notified of the sale or resale; and the City shall be provided with a true and correct copy of the. proposed contract. Developer or Workforce Housing Unit Owner, respectively.. shall deliver written motive of the intent to sell to the City, and. shall provide to the City all. information which is necessary f6r the City to determine that the proposed.. sale complies with the terms,: restrictions, and conditions contained in this Covenant. The 'information shall be provided to the, Cite= on City approved forms -vvhich; shall be executed under oath by the proposed transleror or transferee,.. as applicable_ The City. shall have ten (10) business days after'the receipt of the written notice to determine and Notify the Developer and/or Workforce Housing Unit Owner whether the proposed transfer is in comp] iatice with time terms, conditions, and restrictions contained in this Covenant. If not, the proposed transfer shall . not be made. If the City does not deliver written notice to Developer and/or Workforce. Housing Unit Owner with said 10 -day period that the proposed contract is not in. comi3liance, such. contract shall he deemed approved by the City. City shall have the right to waive the notice requirements at its. sole disoretion as circumstances may warrant to facilitate sale of Workforce Housing Units. Each contract for sale and purchase of a Workforce Housing Unit (except for a deed.for an Exempt Transfer) shall contain a clause v;Thich subjects the proposed transfer to the prior review of the City, n ". ADDITIONAL RESTRICTIONS 4.1. All 'Workforce Housing Units constructed or rehabilitated in 'the Project shalt be situated within the Real Propeity= so as not to be in less desirable locations than rtzart- rt?Fraais ................... n 7evet?pent and. shall, o avez3ge b no less accss'ble ;try cc�n�is�enr z�zcn or,�rec;eae;cne consrructx�t� 4.4. Them shall be no lot; faremi 4.5. Resale and Subsuent Rei tho availability of Workforce: Housing T_Ta the following resale andlol rental condizc and #lie same shall also be :included in tle', .less To . rna: DeveI.OPT Housing Ore.. d=36rr tial Y.c.cu a.nG r ali W.ork.f( to elrgiR Ho herwl Pro vi d i. Transfers by inheritance to the purchaser- owner's sin- viv€ng spouse, qualified domestic partner, or. .lineal descendants, or; ii. Transfers. of title to a spouse: as part of a divorce decree, or to a qualified domestic partner as part of a court approved property settlement agreement; iii. Acquisition. of title or .interest therein by an existing Owner's spouse if it is in conjunction with. marriage of the Owner and his spouse, or by an existing Owner.. s qualified domestic partner, or iv. Exempt Transfers. 4A No resales of Workforce Housing Units are permitted until. the requirements of this Covena i.t are ?net. 4.7. No Workforce Housing Unit may be sublet or assigned to a 'tenant(s) or purchaser(s). 'vvbose income exceeds the percent of .AMI under which the Unit was originally approved, except as otherwise provided in Section 2.5, 4:8. Household income is deternaiued, by the cumulative income of all tenants. or purchaserq under one (1 ).roof. 4;9. The maximum permitted resale price may not exceed the initial Sales Price of the Work-force. Housing Unit, subject to an increase at the same; rate as the Palm Beach County median income has increased from the initial date of purchase. 4.10.. Nothing contained in this Covenant shall. require a Workforce Household. to vacate a rental Workforce Housing Unit or to sell a Workforce Housing Unit if the tenant(s) or purchaser(s) incom,-, respectively, later exceeds AI I, provided such Household initially qualified as Eligible Occupants for such lease or purchase. 4:71. The foams of the lease, contract for sale (except for art. Exempt Transfer)9 and deed far the rental and sale of a Workforce Housing 1JUit, respectively, shall be approved in advance, for corripliance with dais. Covenant by the City Attorney; WhiCh approval shall not be unreasonably wit.Me,. d. 4.12, 'T'o ensure the Developer's compliance. with the Affordability Controls and restrictions contained in this. Covenant, not later than the tenth (tdll) day of each calendar month for every month during the term of this Covenant, Developer shall deliver a written. report (" Repor ) to the City containing such information and documents as the City may require to verify that the Developer is in compliance with this Covenant.. The Report shall be current as of the first .day of the month in which the Report is delivered to the .City. The form, cif the Report shall be approved. by the City Attorney. At miriirn n,. the Report shall contain the following information and documents -V%q'.th respect to each. Workforce Housing Unit: 4.12,'1 With respect to Workforce Housing Unit leases;. a.. Name and address of each Unit Eligible. Occupant and member of the Household, b, the Developer. Unit. C� d. h, Date lease term conupenoed. Date lease, term terminates. Amount of nionthly tent due under the lease. Qualif ying Household income. Unit address., Number of bedroorns and baths iii each Unit Household size. i.. )Miether UrL t is occupied or vacant. j. Total number of Workforce Housing Units presently leased.. 4.12,2. With. respect to Workforce .1-Iousing Unit sales.-: a. Total number of Workforce Housing Units listed for salt. b. Total number of Workforce Housing Units transferred by C. Date, of each sale closing. d. Household size, el Nameand, address of all Eligible Occupw-its. f, Number of bedrooms and baths in Unit. g; A copy of the recorded instrument which transferred the b" Unit address. 9 i. Qualifying Houschold income. 4412.3. The Report shall 'be executed under Oath by the Developer or its authorized agent or representative. 4.13. Provided no Units are offered for sale by the Developer and the Developer owns, all of the Units in the Development, the Developer. may redesignate a Unit :as a rental Workforce Housing Unit or redesignate a Unitas a:market °ate rental Unit provided, at all times, there is not less than twenty percent (20 %) rental or .once Housing Units in the Development. 4.14. At any time and from time to tinge; the City may conduct � ritten or oral surveys of Eligible Occupants. and. Unit Owners to verify the Developer's compliance with the terms and conditions of this Covenant, and City may enter the Development and access the Workforce Housing Units for the purpose of conducting. personal interviews and obtainin other information reasonably necessary to verify Developer's compliance - vNith.the City'. s Affordable Housing Program recluize Tents. 4.15 Developer shall comply with all applicable Federal; State and local laws, rules, regulations acid ordinances relating to the sale and rental of real property. 4.16.. Developer shall pronmptly notify the City upon the occurrence of an Exempt Transfer.. V. DURATION AND AMENDMENT 5.1. Por both sale and rental of Workforce Housing. Units, this Covenant shall' remain in effect: for forty (40) years from the date of recording of this Covenant in the Public :Records of Palm Beach County, Florida. This Covenant shall apply to any replacement if structure or structures constructed f a structure containing: a Workforce Housing Unit. or Units is demolished or destroyed,, prodded that if demolition or destruction of a structure containing Workforce Housing. Units occurs thirty- five. (35) years after recording of this Covenant and. dernolition or destruction was unintentional, this Covenant with respect to the Unit in. the structure shall terininate on demolition or destruction. 5.2. Covenant Ruiuiing 'Vith Land. The terms of this Covenant: constitute: covenws running with the Real. Property and each.designated Workforce Housing Unit, This Covenant shall bind, and the benefit hereof shall inure to, Developer, the Workforce Housing Unit: Owners, DBCLT:. and the City, and any heirs, legal representatives, executors, successors and;assig ees thereof. The Workforce Housing Units shall be held.,, conveyed (including pursuant to an Exempt Transfer), hypothecated, encumbered, .Leased, rented and .occupied subject to the covenants, restrictions and limitation set forth: Herein. which are intended.to constitute both equitable servitudes 8rnd covenants ruining with the Real Property. Any lessee, buyer, or transferee of a Workfbrce Housing Unit or any portion thereof, by acceptance of a lease or a deed therefor, or by the signing a lie or of 1.0 a connUact to purchase the same, shall, by acceptance of such ]ease or deed or by the signing of such contract or agreement, be deemed. to have consented to and accepted the covenants, conditions, restrictions and limitations set forth herein, whether or not there is any express reference to this :Covenant in such ,lease, deed or contrast. 53. Amendment, 'Ms Covenant may be amended at any time by a.. recorded document. executed. and. acknowledged by the Unit Owners (including Developer, should Developer hold. a Unit for sale) and the City. An. amendment may be, effective as to some but not all of the Units, in which event it need: only be approved by the If-nit ONAMer(s) of the Unif(s) so affected. V1. ENFORCEMENT 6.1, Rig. L to Enforce. The City reserves, and Developer, all proposed lessees, buyers and the Workforce Housing Unit Owners are deemed to have granted the City the right to review and enforce compliance with all provisions' of this Covenant, as fatter set f`ortb in this Article V1. (a) In the event that the City has reasonable. ca.�zse to Believe that the Developer, lessee, occupant, Household or a Workforce Housing Unit Owner is in default of ai'.y of the. provisions of this Covenant, then the City Manager, or his or her designee, may inspect the Unit wwned by the Developer or such Workforce: Housing Unit Owner at any reasonable time and from. tirne to time, after providing the Developer, lessee or such Workforce Housing Unit Owner not less than twenty -four (24) hours advance written notice, except 111 the case of an cinergency when less advance notice may be given. (b) Except in the case of a defaWt which constitutes an incurable default or involves the health, safety and welfare: of Households in the Development, or in the case of an emergency. (in which event no notice and opportunity to cure are .required), in the event' of any other default of this Covenant, the City shall give the Developer.. lessee, Workforce Hous ng Unit C)w e .car Household Occupant who. is: in default, fiftwn (15) days written notice of such. default, which. notice shall state: the nature of the default. If the default is not cured to the satisfaction of the City within fifteen (15) days froin the giving of such notice, or immediately when no notice and opportunity to cure; is required, the: City may pursue any of all remedies available to it, as set forth in Section. 5.1(e) below. (c) The City hereby reserves the right to enforce this Covenant by pursuing any and all remedies .provided by law or in equity. The City's remedies shall. include, by. way of example_ and not .limitation, the right to specific perfon nance of this: Covenant, the right to a'mandatory injunction requiring the sale or lease of a Work-force Housinb Unit in conformance with this Covenant, the 'right to cancel arid .. declare void the sale, deed, contract or lease, the right to .remove occupants, and damages arid. injunctive relief for breach of this Covenant , All of the remedies available to the City shall be Cumulative, and the: City's: election to pursue any remedy shall. not preclude the City for then or later pursuing any one or irnoie other remedies, I t : to, any: lien er; "d shWl snry veto no Notices to the Developer shall lie. sent to; Alta Congress. C-�Arncr LLC 2600 N. Military Trail, Suite 100 Boca Raton,. FL 33431 Attention. David E. Thompson, Vice President. Notices to the Delray Beach Community Land Trust. Inc, shall be seat to: Delray Beach Community Land Trust, Inc. 20 North Swinton. Avenue Delray Beach, Florida 33144 Notices to a Workforee Housing Unit 'lessee or Workforce Mousing Unit Owner may be given in like manner addressed to the applicable Unit. Such notice shall be: deemed given when hand delivered or when deposited, postage prepaid, in the United States mail, 7.3. Severability. If any provision of this Covenant shall be held by a court of proper jurisdiction to be invalid or unenforceable; the rcmaining.provisions shall sundve and their validity, legality and enforceability'shall not in any ivay be affected or iznpaiTed thereby; and the 'court may, but shall not be required to fashion a substitute for the provision held to be invalid or unenforceable. 7.4< Headings. The headings of the Sections in this Covenant are for convenience only and shall not be used to interpret the. meaning of any provision thereof. -- Homestead Waiver: This Covenant is prior and superior to each Workforce .Housing Unit O nier-s right to a homeste d exemption, Each )Xrozkforce Housing Unit. Owner waives the Workforce Housing Unit Owner's homestead rights to the ,fullest, extent that they conflict or 'impair die City's rights acid remedies under this Covenant. 7.6, No Guarantee. Nothing: herein shall. be construed or give rise to ally implied representa #ion, warranty or guarantee; and the City expressly disclaims,- that any Workforce Housing Limit Owner will be able to resell his. or her: Workforce mousing Unit: for the maximum purchase price or recover the purchase price for such Workforce Housing Unit or release for the maxiinw-n rent for such Workforce. Housing Emit, Such Workforce, housing Unit Owner :reccognizes and accepts that his or her Unit may be less. marketable than other Units in the Project and may not sell for as great a purchase price.. T7. Governmental Functions,. Notwithstanding. anything to the contrary contained in this Declaration: a. Even though the City has certain contractual .obligations; under this Covenant such obligations shall not relieve any person subject to this 13 Covenant from complying with all applicable goverrnnental regulations, rules, laws, and ordinances; b. To. the extent approval or permission must be obtained from the City, such approval or permission shall be granted. m denie& in accordance -with applicable vernmental regulations, rules; lags; and ordinances, and 90 . s .. s no person shall have any vested. rights; c, The City has not waived its soverei i t . 19r, mmuniy; and I Any action by City shall be without prejudice to, and. shall not constitute a limit on,. impairment -or waiver of, or otherwise affect City's right to exercise its discretion in comection with its governmental or quasi - governmental unctions. 7.8. This Agteement shall be governed . by and construed in accordance 'with the laws: of the State of Florida. 7.9. DEVELOPER. AND CITY HEREBY KNOWINGLY, VOLL NITARILY, AND INTENTIONALLY WAIVE THE PJGIIT ANY MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION BASED HEREON, OR ARISING OUT OF, UNDER, OR IN CONNECTION WITH THIS COVENANT AND ANY AGREEMENT EXECUTED IN CONJUNCTION HEREWITH OR. THEREWITH, OR AN G Y COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (WFMTH . ER VERBAL OR -\N TRITTEN) OR ACTIONS OF ANY PARTY. 7.10 This Agreement constitutes the entire, agreement between City and Developer. 7-1.1 In the evQttt of a default :of either party to this Covenant, the noli-defaulting party may bring an action at law or in equity. to. enforce his -rights under this Covenant, . The proper place of venue shall be Palm Beach Cotuaty, Florida. 7.12 Conflict. To the eNtent of any conflict between the terms of this Covenant and Section 4.7 of the C i ty's Code of Ordinances in effect as of the date of the execution: of this Covenant by the City, the Code of Ordinances shall control. [REMAMIDER OF PAGE INTENTJONALLY LEFT BLANKI [SIGNATURES ON FOLLOWING PAGES] 14 IN WITNESS WHEREOF,. the City a d DeyeWei ;have caused phis covenant to EXHIBIT " 3g ALL OF TRACT A -1 AND PORTIONS OF TRACTS A., B, F AND E -2 CONGRESS PARK,: ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 44, AT PAGES 194 AND 195 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID PLAT; THENCE NORTH 90. 00'00" WEST; A DISTANCE OF 7.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH '9.0000'00" WEST, A DISTANCE OF 735.97 FEET;. THENCE NORTH 45 00£1'00" WEST, A DISTANCE OF 28.28 FEET; THENCE NORTH 90 °00'00" WEST, A DISTANCE OF 75.56 FEET (THE LAST FOUR [4] CALLS BEING COINCIDENT WITH THE SOUTH LINE OF SAID PLAT); 'THENCE NORTH 00042'04" WEST ALONG THE. WEST LINE OF TRACT B OF SAID' PLAT AND THE EAST LINE OF LAKE WORTH DRAINAGE DISTRICT CANAL E -4,-.A DISTANCE OF 404.79 FEET;. THENCE SOUTH 90 °00'.0:0" EAST, A DISTANCE OF 65.86 FEET; THENCE :NORTH. 45 °00'00 EAST; A DISTANCE OF 47.00 FEET; THENCE NORTH 00000'00" EAST, A. INSTANCE OF 65.00 FEET; THENCE NORTH 45 °0.0'00' EAST, A DISTANCE OF 46.00 FEET; THENCE SOUTH 90 °00'00" EAST= A DISTANCE OF 107._00 FEET;' THENCE SOUTH 60 °00'00" EAST, A DISTANCE OF 38.00 FEET; THENCE SOUTH 90. °0()'00" EAST, A DISTANCE OF 94.00. FEET, THENCE SOUTH '4 °00'00' EAST, A DISTANCE OF 100.00 FEET; THENCE NORTH 45' O'GUI EAST, A DISTANCE OF 71.513; FEET; THt -NCE NORTH 00000'00n EAST, A DISTANCE OF 38.00 FEET; THENCE NORTH 45.00'00 EAST, A DISTANCE OF 24.00 FEET; THENCE SOUTH 90 °00'00" EAST, A DISTANCE OF 190.66 FEET, THENCE FORTH 00000'00" EAST, A DISTANCE OF 21.21 FEET; THENCE SOUTH 90 °00'00 EAST, A DISTANCE OF 115.27 FEET; THENCE SOUTH 45'.00'00" EAST, A DISTANCE OF 46.36 FEET TO A POINT ON THE WEST LINE OF CONGRESS AVENUE, THENCE SOUTH OW00100" EAST ALONG SAID WEST LINE; A DISTANCE OF 529;76' FEET TO THE POINT OF BEGINNING. CONTAINING 9.77 ACRES, MORE OR LESS. ,Y. ,y Prepared by and Rol um to: Brian Shutt, 'Esg:, City Attorney City of Delray Florida 200 NW V5 Avenue Delray Beach, FL 334444 OR DK 25304 PG 0401 RECORDED 07/02/2-012 16-45:10 Palm Beach C€ Unty, Florida Sharon R. Book, CLERK & COMPTROLLER PSs 0401 - 418; t1s at WORKFORCF, HOUSING COVENANT THIS WORKFORCE IIOIJStNG COVENANT (the "Covenant ") is entered into as of the day oT�57 _, 2012, by the CITY OF DELRAY BEACH, a Florida Municipal Corporation, (referred to herein as "City")., and SP5 WOOD MIDTOWN DELRAY, LLC, a Delaware limited liability company ( referred to herein as "Developer ", which term shall include any successor to Developer as owner of the entire Development). RECITALS A, City has implemented affordable housing requirements as set forth in Article 43 of the Delray Beach land Development Regulations ( "'Regulations ") by establishing a FarnilylWork Force Housing Program (hereinafter referred to as the "Affordable Housing Program ") for the City of Delray Beach, Article 4.7 of the Regulations grants to Developer certain density bonus Units (additional market rate Units) beyond the base number allowed per existing City Zoning Ordinance after performance standards have been trtet, B. Developer desires to be part of the Affordable Housing Program with respect to that certain real property which is owned by the Developer and is located in the SAD Zoning District in Delray Beach, Florida, and more particularly described in Exhibit "A" which is attached hereto and incorporated by reference herein ( "Real Property "). Developer has agreed to provide affordable rental housing Units within the residential development project ( "Development ") to be constructed on the Real Property. C. .Pursuant to the City's Affordable Housing Program and. via Ordinance 46- 07, residential development in the SAD Zoning District must .include thirty -two (32) Workforce Units consisting of Moderate Income Households at rental rates which do not exceed a certain percentage of the Florida Housing Finance Corporation rent Bruits for the area. D. Pursuant to Article 4.7 of the Regulations, the Developer has agreed to enter into this Covenant to evidence of record the affordable housing covenant against the Real Property. E. This Covenant shall apply and be enforceable against Developer and all current and fixture Owners, as applicable, during, the term of this Covenant and shall restrict the sale, resale, rental and use of the applicable housing as provided :herein.. NOW, TfMREFORE, City and Developer hereby agree as follows: 1. DEFINITIONS The following terms not otherwise defined herein shall have the meanings set forth below for purposes of this Covenant, and if a. tem is defined in the Regulations, the Regulations shall control: 1.1. Adjusted Median Income A.M.I.. -- The Palm Beach County median income, based on a family of four, as published by Florida Housing Finance Agency. 1.2. Affordabilily Controls — Restrictions placed on dwelling Units by which the rent of such Units and/or the income of the purchaser Or lessee will be, restricted in order to ensure that the Units remain affordable to moderate income households. 1.3. City — The City of Delray Beach, Florida. 1A. CRA — The Delray Beach Community Redevelopment Agency 1.5. Development — The housing development at the Real Property for which approvals of density bonus Units have been granted by the City to the Developer. l.E. Eligible Occupant — A household who is income eligible to rent a Workforce Housing Unit- Priority will be given to persons who have lived or worked within the City limits of Delray Beach continually for one year immediately prior to the date of application for a Workforce Housing Unit in the Development and who are income eligible. 1.7. Exempt _Transfer A Transfer of all of the Development, as opposed to a Transfer of one or more individual Units that are separate from a Transfer of the entire Development. 1.8. first Time Horne Bu er — A person who has not held ownership in a residence within the past three years. 1 -,9. HUD — The United States Department of Housing and Urban Development. 1.10. Hou'schold — A single person living alone, or two or more persons sharing residency, with a combined income available to cover household expenses. I,11. Moderate Income Household — A household with a gross, combined income between 81 % and 120% of the Palm Beach County Adjusted Median Income (as 2 defined by the Florida lousing Finance Corporation) as published more specifically in the "Income limits Florida Housing Finance Corporation CWHIP Homeoumerhip Program" table for West Palm Peach — Boca Raton HMFA (palm Beach) area. 1.12:. Purchase Price or Sales Price —All consideration paid for the Transfer of a Unit either at or outside of closing, but shall not include any proration amounts, taxes, costs and expenses of obtaining finan:eing, the fair market value of furnishings or personal property, lender fees, title insurance fees, closing costs, inspection fees, or other normal and customary costs related to the purchase of property but not paid directly to the seller. 1.13.. Transfer — Any sale, assignment or transfer, voluntary or involuntary, or by operation of law (whether by deed, contract of sale, gift, devise, bequest, trustee's sale, deed in lieu of foreclosure, or otherwise) of any interest in a Unit, including but not limited to, a fee simple interest, a joint tenancy interest, a tenancy in common, a life estate, a leasehold interest (except for .an Affordable Housing Unit lease as permitted by this Covenant), or airy interest evidenced by a land contract by which possession of such Unit is transferred while. the existing Unit Owner retains title. 1.14. Unit— A single family., condo.minium, townhouse, or apartment residence located in the Development. 1.15. Unit Owner —The record title owner at anytime of a Unit I.16. Workdorce Housing Unit or Workfarce Unit — A dwelling unit for which the rent or mortgage payment (including principal, interest, taxes and Insurance ( "P.I.T,U )) does not exceed 35% of the gross income of households that classify as moderate income households and meets the other requiremerits of the Affordable Housing Program. Ilr. RENTAL OF UNITS 2.1. The Development shall be subject to this Covenant, and each lessee shall be an Eligible Occupant, except as provided in Section 2.5 below. 2.2. In no event shall any Unit in the Development be used for transient, interval or timeshare rental or ownership. 2.3. At all times, at least thirty -two (32) of all Units in the Development must be Workforce Housing 'Units that are affordable to Moderate Income Households. However, the Developer shall be under no obligation to rent a Unit to any particular Moderate Income Household and may use its standard underwriting criteria to qualify all Moderate Income Households. 2.3.1; Workforce Housing Units targeted to Moderate income Households at 81% to the 120% affordability level of the Palm Beach County median income, adjusted for family size, shall not have rental rates that exceed 140% rent limit: for the area (as defined by the Florida Housing Finance Corporation) as published more specifically in "Rent Limits Florida Housing Finance Corporation State Housing Initiatives Program (SHIP)" table for 'hest Palm Beach — Bona Raton HMFA (Palm .Beach) area. 2.).2. No Workforce Housing Units shall be offered for rent to the general public until all requirements of this Covenant axe met. 2..3.3. No efficiency or studio type Workforce Housing Units are allowed. 2.4. The Developer shall provide Workforce Housing Units that include Unit types in the same proportion as the market rate housing unit types. The following conditions must be met: 2.4.1. The proportion of one (1) bedroom Workforce Units to total Workforce Units may not exceed the proportion of one (1) bedroom► market rate Units to total market rate Units. 14.1 The proportion of two (2) bedroom Workforce Units to Total Workforce Units may not exceed the proportion of two (2) bedroorn market rate Units to total market rate Units. 2.43. The proportion of three (3) bedroom Workforce `Units to total Workforce Units gust meet or exceed the proportion of three (3) bedroom market rate Units to total market rate Units unless four plus (4+) bedroom Workforce Units are provided. 2.4.4. The proportion of four plus (4+) bedroom Workforce Units to total Workforce Units must meet or exceed the proportion of four plus 4+ bedroom market rate Units to total market rate Units. 2.4.5. If the Development contains a mix of different types of Units, (e.g, condominium, townhouse, detached, etc), the proportion of Workforce Units of each type to total Workforce Units must be approximately the saute as the proportion of market rate Units of each type to total market rate Units. .2.4.6. If the development includes both for sale and for rent Units, the proportion of for rent Workforce Units to for sale Workforce .Units must . not exceed the proportion of for rent :market rate Units to for sale mark.et.rate Units; provided however if the Workforce Housing Units are funded under Florida Housing Finance Corporation's Housing Credit or SAIL. Programs, the proportionality requirement herein stated shall not apply if the Development provides at Ieast thirty two (32) of the "for sale" Units as Workforce Housing Units, 2.4.7. The total number of one bedroom Units shall not exceed 30 % of the total number of Units in the Project, including both Workforce Units and market rate Units. 4 2.5. Workforce Housing Units offered for rental shall be marketed . continuously as Workforce housing Units. In the event 'that, notwithstanding the marketing efforts, Workforce Housing Unit(s) offered for rental remain vacant for forty - five (45) days or more due to a lack of Eligible Occupants, the Workforce Unit(s) may be rented to other non - Eligible Occupants, provided that the rental rate is the same as it would have been if the occupant had been deemed to be an Eligible Occupant under the City's Workforce Ilousing Ordinance_ In such event, the Unit wi.Il still be considered a Workforce Housing Unit for the purposes of this Ordinance for the duration of the rental term provided, however, in no event shall there be less than fifteen percent (15 %) of the Units occupied or available for occupancy at any time by Eligible Occupants. Notwithstanding the above, in the event that despite good faith marketing efforts, occupancy of fifteen percent (15 %) of the Units by Eligible Occupants cannot be achieved, City and Developer shall, within 30 days of a request by Developer, negotiate in. good faith to agree- upon an alternative commercially reasonable percentage and this Covenant shall be amended accordingly, 111. FUTURE SALE OF WORKF ORCE 110USING UNITS 3.1. Should Units be offered for sale in the future in accordance with Florida Condominium Law, only deeds of those units to be sold as Workforce Housing Units shall include reference to this Covenant. All sales contracts shall state that the Workforce Mousing Unit is part of the Affordable Housing Program and subject to these Covenants. All deeds to Unit Owners of Workforce Housing Units (except for a deed for an Exempt Transfer) shall provide that the Dolray Beach Community Land Trust, Inc., a Florida not for profit corporation ( "DBCI..,T ") shall have the right of first refusal to purchase the Workforce Housing Unit on the same terms and conditions as a prospective buyer. Developer anchor the Workforce Housing Unit Owner shall notify the DBCLT and the City in writing within five (5) days after the Developer's or Workforce Housing Unit Owner's acceptance of a contract for sale and purchase (except for an Exempt Transfer) and shall include in the notice a: true and correct copy of the contract. The DBCLT Trust shall have ten (1.0) business days after receipt of the written notice and contract to exercise its right to purchase the Unit on the same terms as stated in the contract, except as stated herein. The DBCLT shall deliver written notice of its exercise to purchase the Workforce Housing Unit to the Developer / Workforce Housing Unit Owner within ten (10) days after the receipt by the DBCLT of the Developer's /Unit Owner's written notice. The DBCLT shall close the transaction within thirty (30) business days after its election to exercise its right of first refusal. In the event the DBCLT is not then in existence or no longer qualifies to act as a Sub - Recipient for the City; then the City, its successors and assigns may exercise the right of first refusal. 3.2. All purchasers of Workforce Housing Units (except a purchaser pursuant to an Exempt Transfer) shall be Moderate Income Households and must be First Time Home Buyers. 3.3. Owners of Workforce Housing Units (other than the Developer) shall be required to occupy the Unit. If, during ownership, the Owner is unable to continuously occupy the Unit due to illness or incapacity, based upon evidence and application made to the City, City may in its discretion, excuse compliance with this requirement, 34: Closing costs and title .insurance shall be paid pursuant to the custom and practice in Palm 'Beach County at the time of closing. No charges or fees: shall be imposed by the seller on the purchaser of a Workforce Housing Unit which are in addiCion to or more than charges imposed upon purchasers of market rate Units, except for administrative fees charged by the City /CRA, or their designee. 3.4.1. The maximum sales price of a Workforce Housing Unit (except for an Exempt Transfer) shall be established by the City Cornmurrity Improvement DepartTnent based on a formula that considers the prevailing institutional lender mortgage interest rates, as approved by the City Commission by resolution. 3.5. Except for an Exempt Transfer, no Workforce Housing Units shall be offered for sale to the general public until all requirements of this Covenant are met. Each purchaser shall be an Eligible Occupant, 16. Except as expressly permitted by this Covenant, no Workforce Housing Unit may be transferred. 3.7. At all times, at least. thirty -two (32) of all Units in the Development roust be Workforce Housing Units that are affordable to Moderate Income Households. 3.8. Not less than ten (.10) calendar days prior to the closing on any sale or resale (except for an Exempt Transfer), the City shall be notified of the sale or resale, and the City shall be provided with a true and correct copy of the proposed contract. Developer or Workforce Housing Unit Owner, respectively, shall deliver written notice of the intent to sell to the City, and shall provide to the City all information which is necessary for the City to determine that the proposed sale complies with the terms, restrictions, and conditions contained in this Covenant. The information shall be provided to the City on City approved forms which shall be executed under oath. by the proposed transferor or transferee, as applicable. The City shall have ten (10) business days after the receipt of the wrincia notice to determine and .notify the Developer and/or Workforce Housing Unit Owner whether the proposed transfer is in compliance with the terms, conditions, and. restrictions contained in this Covenant. If not, the proposed trans-for shall not be made, If the City does not deliver written notice to Developer and/or Workforce Housing Unit Owner with said 10 -day period that the proposed contract is not in compliance, such contract shall be deemed approved by the City. City shall -have the right to waive the notice requirements at its sole discretion as circumstances may warrant to facilitate sale of Workforce Housing Units, Each contract for sale and purchase of a Workforce Housing Unit (except for a deed for an Exempt Transfer) shall contain a clause which subjects the proposed Transfer to the prior review of the City. IV. ADDITIONAL RESTRICTIONS 4,1. All Workforce .Housing Units constructed or rehabilitated in. the Project shall be situated within the Real Property so as not to be in less desirable locations than market -rate Units in the Development and shall, on average; be no less accessible to public amenities, such as open space, as the market -rate Units. 4.2, Workforce Housing Units shall be integrated with the rest of the Development and shall be compatible in exterior design, appearance, construction, and quality of materials and contain comparable HVAC systems and appliances with market rate Units and provide them. as standard. features. All Workforce Housing Units shall. contain. comparable square footage to the corresponding inarket -rate Unit. 4.3. The construction schedule for Workforce Housing Units shall be consistent with or precede the construction of market rate Units. 4.4. There shall be no lot premiums charged on the Workforce Housing Units 4.5. Resale and subsequent. rentals of Workforce Housing Units, To maintain the availability of Workforce Mousing Units which are constructed in the Development, the following resale and/or rental conditions are imposed on the Workforce Housing Units and the same shall also be included in the deed: a. All Workforce Housing Units shall remain affordable for a period of no Tess and no more than forty (40) years commencing from the date of initial occupancy of the Unit. b. Except for an Exempt Transfer, all Workforce Housing Units must be rented or sold to all Eligible Occupants except as otherwise Provided in Section 2.5. If the Units in: the Development are part of a condominium, cooperative, homeowners association or similar community, these Covenants shall be incorporated into the governing documents of such community and the governing documents shall be approved by the City Attorney. The governing documents may not be amended without the City's consent. d. Workforce Housing Unit resales shall be limited to Households of the same category relative to income. e. The sales price of Workforce Housing Units may not exceed the upper limit of affordability for the income . category to which. the Unit was originally assigned. £ Transfers of tide under the following circumstances shall be allowed, and are not subject to the Affordability Controls included in this Covenant; I. Transfers by inheritance to the purchaser- owner's surviving ;spouse, qualified domestic partner, or lineal descendants, or; ii. Transfers of title to a spouse as part of a divorce decree, or to a qualified domestic partner as part of a court approved property settlement agreement; iii. Acquisition of title or interest therein by an existing Owner's spouse if it is in conjunction with marriage of the Owner and his spouse, or by an existing Owner's qualified domestic partner; or iv. Exempt Transfers 4.6. No resales of Workforce Housing Units are permitted until the requirements of this Covenant are met. 4.7. No Workforce Housing Unit may, be sublet or assigned to a tenants) or purchaser(s) whose income exceeds the percent of AMT under which the Unit was originally approved, except as otherwise provided in Section 2.5. 4.8. Household income is determined by the cumulative income of all tenants or purchasers under one (1) roof, 4.9. The maximum permitted resale prise may not exceed the initial sales price of the Workforce Housing Unit, subject to an increase at the same rate as the Palm Beach County AMl has increased from the initial date of purchase. 4.10. Nothing contained in this Covenant shall require an Eligible Occupant to vacate a rental Workforce Housing Unit or to sell a Workforce Housing Unit if the tenant(s) or purebaser(s) income respectively, later exceeds AMT, provided such Household initially qualified. as Eligible Occupants for such lease or purchase. 4.11. The forms of the lease, contract for sale (except for an..Exempt Transfer), and deed for the rental and sale of a Workforce Housing Unit, respectively, shall be approved in advance for compliance with this Covenant by the City Attorney, which .approval shall not be unreasonably withheld. 4..12. To ensure the Developer's compliance with the Affordability Controls and restrictions contained in this Covenant, not later than the tenth (10'h) day of each calendar month for every month during the term of this Covenant, Developer shall deliver a written report ( "Report ") to the City containing such information and documents as the City may require to verify that the Developer is in compliance with this Covenant. The Report shall be current as of the first day of the month in which the .Report is delivered to the City. The form of the Report shall be approved by the City Attorney. At mi.nimutn, the Report. shall contain the following information and documents with respect to each Workforce I ousing Unit: 4.12.1. With respect to Workforce Housing Unit leases: a. Name and address of each Unit Eligible Occupant and member of the Household. h. Date lease term commenced.. c: Date Lase term terminates. d. Amount of monthly rem due under the lease. e. Qualifying Household income. f. Unit address, g. Number of bedrooms. and baths in each Unit. h, household size. i. Whether Unit is occupied or vacant j. Total number of Workforce Housing Units presently leased. 4.111 With respect to Workforce Housing Unit sales: a. Total number of Workforce Housing Units listed for sale. b. Total number of Workforce Housing Units transferred by the Developer. Unit. c. Date of each sale closing. d. Household size. e. Name and address of all Eligible Occupants. f. Number of bedrooms and baths in Unit. g. A copy of the recorded instrument which transferred the M h. Unit address. i. Qualifying Household income. 4123, The Report shall be executed tinder Oath by the Developer or its authorized agent or representative. 4.13. Provided no Units are offered for sale by the Developer and the Developer owns all of the Units in the Development, the Developer may redesignate a Unit as a rental Workforce housing Unit or redesignate a Unit as a market rate rental Unit provided, at all times, there is not less than thirty two (32) rental. Workforce Housing Units in the Development,. 4.14. At any time and from tune to time, the City may conduct written or oral surveys of Eligible Occupants and Unit Owners to verify the Developer's compliance with the terms and conditions of this Covenant, and City may enter the Development and access the Workforce Housing Units for the purpose of conducting personal interviews and obtaining other inforination reasonably necessary to verify Developer's compliance with the City's Workforce Housing requirements. 4.15. Developer shall comply with all applicable Federal, State and local laws, rules, regulations and ordinances relating to the sale and rental of real property. 4.16. Developer shall promptly notify the City upon the occurrence of an Exempt Transfer, V. DMkTION AND A.lt ENl7MFN 5.1. For both sale and rental of Workforce Housing Units, this Covenant shall remain in effect for forty (40) years from the date of recording of .this Covenant in the Public Records of Patin Beach County, Florida. This Covenant shall apply to any replacement structure or structures constructed if a structure containing a Workforce Housing Unit or Units is demolished or destroyed, provided that if demolition or destruction of a structure containing Workforce housing Units occurs thirty-five (35) years after recording of this Covenant and demolition or destruction was unintentional, this Covenant with respect to the Unit in the structure shall terminate on demolition or destruction. 5.1 Covenant Running With Land. The terms of this Covenant constitute covenants running with the Real Property and each designated Workforce Housing Unit. This Covenant shall bind; and the benefit hereof shall inure to, Developer; the Workforce Housing Unit Owners, DBCLT, and the City, and any Heirs, legal representatives, executors, successors and assignees thereof. The, Workforce Housing Units shall be held., conveyed (including pursuant to an Exempt Transfer), hypothecated, encumbered, leased, rented and occupied, subject to the covenants, restrictions and limitation set forth herein, which are intended to constitute both equitable servitudes and covenants running; with the Real Property. Any lessee, buyer, or transferee of a Workforce Housing Unit or any FM portion thereof, by acceptance of a lease or a deed therefor, or by the signing a lease or of a contract to purchase the same, shall, by acceptance of such lease or deed or by the signing of such contract or agreement, be deemed to have consented to and accepted the covenants, conditions, restrictions and limitations set forth herein. whether or not there is any express reference to this Covenant in such lease, deed or contract. 53. Amendment. This Covenant may be amended at any time by a recorded document executed and acknowledged by the Unit Owners (including Developer, :should Developer hold a Unit for sale) and the City. An amendment may be effective as to some but not all of the Units, in which event it need only be. approved by the Unit. Owner(s) of the Unit(s) so affected. R WI R. l a� 6.1. Right to Enforce. The City reserves, and Developer, all proposed lessees, buyers and the Workforce .Housing Unit Owners are deemed to have granted the City the right to review and enforce compliance with all. provisions of this Covenant, as further set forth in this Article VI. (a) In the event that the City has reasonable cause to believe that the Developer, lessee, occupant, Household or a Workforce Housing Unit OvAmer is in default of any of the provisions of this Covenant, then the City Manager, or his or her designee, may inspect the Unit owned by the Developer or such Workforce Dousing Unit Owner at any reasonable time and from time to time, after providing the Developer, lessee or such Workforce Housing Unit Owner not less than twenty -four (24) hours advance written notice, except in the case of an emergency when less advance notice may be given. (b) Except in the case of a default which constitutes an incurable default or involves the health., safety and welfare of Households in the Development, or in the case of an emergency (in which event no notice and opportunity to cure are required), in the event of any other default of this Covenant, the City shall give the Developer, lessee, Workforce Housing Unit Owner or Household Occupant who is in default, fifteen (15) days written notice of such default, which notice shall state the nature of the default. If the default is not cured to the satisfaction of the City within fifteen (15) days from the giving of such notice, or immediately when no notice and opportunity to cure is required, the City may pursue any or all remedies available to it, as set forth in Section 6.1(c) below. (c) The City hereby reserves the right to enforce this Covenant by pursuing any and all remedies provided by law or in .equity. The City's remedies shall include, by way of example and not limitation, the right to specific performance of this Covenant; the right to a mandatory injunction requiring the sale or lease of a Workforce Housing Unit in conformance with. this Covenant; the right to cancel and declare void the sale, deed, contract or lease; and the right to remove occupants, and damages and injunctive relief for breach of this Covenant. All of the remedies available to the City shall be cumulative, and the City's election to pursue any remedy shall not preclude the City for then: or later pursuing any one or more other remedies. (d) In the event City resorts to litigation with respect to any default under this Covenant, the prevailing party shall be entitled to recover its damages and costs, including expert witness fees from the party at fault. Developer shall not be liable for default that was due to misrepresentation or other wrongful act of an occupant. The party in default hereunder shall be responsible for the costs required to exiforce the provisions of this Covenant. 'V'enue for any action for breach of, or to enforce, this Covenant shall be properly in Palm Beach County, Florida. (e) In the event any Workforce Housing Unit is transferred or leased in a manner that is not in full compliance with the provisions of this Covenant, such transfer or lease shall be wholly null and void and shall confer no title or rights whatsoever upon the purported transferee or lessee. 6.2. Prioxity of Covenant. This Covenant shall be of equal dignity to, and shall not be subordinated to, any lien or encumbrance, including without limitation, any Institutional lender, and shall survive and not be extinguished by the foreclosure or deed - in -lieu of foreclosure regarding any such liens or encumbrances. This includes, but is not limited to, judgment liens, assessment liens, tax liens, construction. liens and mortgage liens. 'tai. MISCELLANEOUS 7.1, No Tliird fart Beneficiaries. There are no intended third party beneficiaries of this Covenant, and no party other than the City shall have standing to bring an action for, breach of, or to enforce, the provisions of this Covenant; except for the Delray Beach Community Land Trust which shall be a third party beneficiary of this Covenant with respect to its right of first refusal: 7.2. Notices. Notices to any person or entity shall be given in writing and delivered in person or mailed, by certified or registered prepaid U. S. Mail, return receipt requested, to the person's or entity's representative set forth below (as may changed by notice from time to time) at the address set forth below: Notices to the City shall be sent to: City of Delray Beach 100 N. W. I't Avenue Delray Beach; Florida 33444 Attention: City Manager With a copy to: City Attorney City of Delray Beach 200 N. W. O Avenue Delray Beach, Florida 33444 12 Notices to the Developer shall be sent to: SP5 WOOD MIDTOWN DELRAY, LLC 114 N.E. l st Avenue Delray Beach, Florida 33444 A.TTN: Mr. David 1, Thompson Notices to the Delray Beach Community .Land Trust, Inc. shall be, sent to: Delray Beach Community Land Trost, Inc. 20 North. Swinton Avenue Delray Beach, Florida 33444 Notices to a Workforce Housing Unit lessee or Workforce Housing Unit Owner may be given in like manner addressed to the applicable Unit, Such notice shall be deemed given when hand delivered or when deposited, postage prepaid, in the United States mail. 7.3. Se- verability. If any provision of this Covenant shall be held by a court of proper jurisdiction to be invalid or unenforceable; the remaining provisions shall survive and their validity, legality and enforceability shall not in any way be affected or impaired thereby; and the court tray, but shall not be required to fashion a substitute for the provision held to be invalid or unenforceable. 7.4. Headings. The headings of the sections in this Covenant are for convenience only and shall not be used to interpret the meaning of any provision hereof. 7.5. Homestead Waiver. This Covenant is prior and superior to each Workforce Housing Unit Owner's right to a homestead exemption. Each Workforce Housing Unit Owner waives the Workforce Housing Unit Owner's homestead rights to the fullest extent that they conflict or impair the City's rights and remedies under this Covenant. 7.6, No Guarantee. Nothing herein shall be construed or give rise to any implied representation., warranty or guarantee, and the City expressly disclaims, that any Workforce Housing Unit Owner will be able to resell his or her Workforce Housing Unit for the maximum purchase price or recover the purchase price for such Workforce Housing Unit or release for the maximum rent for such Workforce Mousing Unit. Such Workforce .Housing Unit Owner recognises and accepts that his or her Unit may be less marketable than other Units in the Project and may not sell for as great a purchase price. 7.7. Governmental Functions: Notwithstanding anything to the contrary contained in this :Declaration: a. Evert though the City has certain contractual obligations under this Covenant such obligations shall not relieve any person subject to this Covenant, from complying with all applicable governmental regulations, rules, Laws, and ordinances; 13 b. To the extent approval or permission must be obtained froth. the City, such approval or permission shall be granted or denied .in accordance with applicable governmental regulations, riles, laws, and ordinances, and no person shall have any vested lights; C, The City has not waived its sovereign immunity; and d. Any action. by City shall be without prejudice to, and shall not constitute a limit can, impairment or waiver of, or otherwise .affect City's right to exercise its discretion in connection with its governmental or quasi- governmental functions. 7.8. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 7.9. DEVELOPER AND CITY HI aREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WANE THE RIGHT ANY MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION BASED HEREON, OR ARISING OUT OF, UNDER, OR IN CONNECTION WITH THIS COVENANT AND ANY AGREEMENT EXECUTED IN CONJUNCTION HEREWITH. OR THEREWITH, OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER VERBAL OR 'WRITTEN) OR AC'T'IONS OF ANY PARTY. 730 This Agreement constitutes the entire agreement between City and Developer. 7.11 In the event of a default of either party to this Covenant, the non- defaulting party may bring an action at lave or in equity to enforce his rights under this Covenant. The proper place of venue shall be Palm. Beach County, Florida. 7.12 Conflict. To the extent. of any conflict between the terms of this Covenant and Section 4.7 of the City's Code of Ordinances in effect as of the elate of the execration of this Covenant by the City, the Code of .Ordinances shall control. [SIGNATURES ON FOLLOWING PAOES1 14 IN WITNESS WHEREOF, the City and Developer have caused this Covenant to be executed on its behalf by its respective officers thereunto duly authorized. DEVELOPER SPS WOOD MIDTOWN DELRAY, LLC a Delaware limited liability company By: SPS Wood Midtown Delray Manage:(,, LLC, a Delaware limited liability compatly, its "nanaging member By; Wood Midtown Delray, LLC, a Delaware limited liability company, its manager By: WP South Development Enterprises, L.L.C., a. Delaware limited liability company., its manager By: Wood. Real Estate investors, L.L.C., a. Delaware 11mited /Hab�fl?'ty ; its mianager By: Da e President Witness: Pri:rit name of Witness STATE OF FLORIDA COUNTY OF PALM BEACH: T he foregoing instrunietzt was acknowledged before rice this �ay of MELRA�-- 2012, by David. E, Thompson, Vice President of SP5 WOOD MIDTOWN LLC, a Delaware limited liability company who: (pleas check one) is (are) personally known to me OR has (lave) Produced as identification. Samartl }a Northcutt COMM ISSfON #8 8149338 t� EXPIRES; JAN. 05, 2016 i,)NNoIARY.com ? My Commission Expires: Notary Public 15 AI 17EST: City Clerk Approved as to legal form and sufficiency: City Attorney W'tness. Print iiarne of Wit. ess Print name of Witness STATE OF FLORIDA, CaUNTY OF PA.l:-,M BEACH CITY OF DELRAY BEACH, a Florida Municipal Corporaoi CITY(OF IDELRAY By: Nelson S. McDuffie, The foregoing instrument was acknowledged before me this I i,��day of iiwt .L _ 2012, by Nelson S. McDuffie, Mayor, City of Delray Beach, Florida who: (ple4se check one) is (are) personally known to me OR has (have) produced My Commission Expires: ti `1 [ 3 k m 6 ! as identification. Notary l'ublict lug EXMI31T "A" Legal Description of Real Property- 17 ALL OF THE PLAT OF MIDTOWN DELRAY, AS RECORDED IN PLAT BOOK 111, PAGES 87 THROUGH 90, PALM BEACH COUNTY PUBLIC RECORDS, LESS AND EXCEPT THEREFROM TRACT "H° OF THE AFORESAID PLAT OF MIDTOWN DELRAY, CONTAINS 7.27 ACRES, MORE OR LESS. AMENDMENT NO. 1 TO THE WORKFORCE HOUSING COVENANT BETWEEN THE CITY OF DELRAY BEACH AND SP5 WOOD MIDTOWN DELRAY LLC THIS AMENDMENT NO. 1 to the Workforce Housing Covenant dated June 14, 2012 is entered into by and between the CITY OF DELRAY BEACH, FLORIDA ( "City ") and SP5 WOOD MIDTOWN DELRAY LLC ( "Developer") on this day of February, 2014. WITNESSETH: WHEREAS, the parties desire to amend and modify the Covenant entered into on February 24, 2011 in order to clarify and correct the intent of section 2.5. NOW, THEREFORE, in consideration of the mutual covenants, stipulations and agreements herein contained, the parties agree as follows: 1. The recitations referred to above are hereby incorporated herein. 2. The parties desire to amend Section 2.5 of the Covenant as follows: 2.5. Workforce Housing Units offered for rental shall be marketed continuously as Workforce Housing Units. In the event that, notwithstanding the marketing efforts, Workforce Housing Unit(s) effered fr-r ron4 -1 that are vacant or are to become vacant upon the termination of an expiring lease are offered for 45 days or more but are not leased to eligible occupants due to a lack of Eligible Occupants, the Workforce Unit(s) may be rented to other non - eligible occupants willing to rent such unit within the rental rate required under the Covenant, provided that the rental rate is the same as it would have been if the occupant had been deemed to be an Eligible Occupant under the City's Workforce Housing Ordinance. In such event, the Unit will still be considered a Workforce Housing Unit for the purposes of this ordinance for the duration of the rental term provided; however, in no event shall there be less than fifteen percent (15 %) of the Units occupied or available for occupancy at any time by Eligible Occupants. Notwithstanding the above, in the event that despite good faith marketing efforts occupancy of fifteen percent (15 %) of the units by Eligible Occupants cannot be achieved, City and Developer shall, within 30 days of a request by Developer, negotiate in good faith to agree upon an alternative commercially reasonable percentage and this Covenant shall be deemed accordingly. 3. All other terms and conditions of the Workforce Housing Covenant dated June 14, 2012 not in conflict with this Amendment No. 1 shall remain in full force and effect and are incorporated herein. IN WITNESS WHEREOF, the parties hereto have set their hands the day and year first above written. ATTEST: City Clerk Approved as to Legal Form and Sufficiency: City Attorney WITNESSES: Print Name: Print Name: STATE OF FLORIDA COUNTY OF CITY OF DELRAY BEACH, FLORIDA Cary D. Glickstein, Mayor SP5 WOOD MIDTOWN DELRAY LLC By: Print Name: Title: The foregoing instrument was acknowledged before me this day of , 2014, by (name of officer or agent, title of officer or agent) of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He /She is personally known to me or has produced (type of identification) as identification and did (did not) take an oath. 2 Signature of Notary Public - State of Florida AMENDMENT NO. 2 TO THE WORKFORCE HOUSING COVENANT BETWEEN THE CITY OF DELRAY BEACH AND ALTA CONGRESS OWNER, LLC THIS AMENDMENT NO. 2 to the Workforce Housing Covenant dated February 24, 2011 is entered into by and between the CITY OF DELRAY BEACH, FLORIDA ( "City ") and ALTA CONGRESS OWNER, LLC ( "Developer") on this day of February, 2014. WITNESSETH: WHEREAS, the parties desire to amend and modify the Covenant entered into on February 24, 2011 and subsequently amended on May 31, 2012 in order to clarify and correct the intent of Section 2.5 of the original Covenant. NOW, THEREFORE, in consideration of the mutual covenants, stipulations and agreements herein contained, the parties agree as follows: 1. The recitations referred to above are hereby incorporated herein. 2. The parties desire to amend Section 2.5 of the Covenant as follows: 2.5. Workforce Housing Units offered for rental shall be marketed continuously as Workforce Housing Units. In the event that, notwithstanding the marketing efforts, Workforce Housing Unit(s) effered fr-r ron+ -1 that are vacant or to become vacant upon the termination of an expiring lease are offered for 45 days or more but are not leased to eligible occupants due to a lack of Eligible Occupants, the Workforce Unit(s) may be rented to other non - eligible occupants willing to rent such unit within the rental rate required under the Covenant, provided that the rental rate is the same as it would have been if the occupant had been deemed to be an Eligible Occupant under the City's workforce housing ordinance. In such event, the Unit will still be considered a Workforce Housing Unit for the purposes of this ordinance for the duration of the rental term provided; however, in no event shall there be less than 15 percent of the Units occupied or available for occupancy at any time by Eligible Workforce Housing Occupants. Notwithstanding the above, in the event that despite good faith marketing efforts occupancy of 15 percent of the units by Eligible Workforce Housing Occupants cannot be achieved, City and Developer shall, within 30 days of a request by Developer, negotiate in good faith to agree upon an alternative commercially reasonable percentage and this Covenant shall be deemed accordingly. 3. All other terms and conditions of the Workforce Housing Covenant dated February 24, 2011 not in conflict with Amendment No. 1 dated May 31, 2012 and with this Amendment No. 2 shall remain in full force and effect and are incorporated herein. IN WITNESS WHEREOF, the parties hereto have set their hands the day and year first above written. ATTEST: City Clerk Approved as to Legal Form and Sufficiency: City Attorney WITNESSES: Print Name: Print Name: STATE OF FLORIDA COUNTY OF CITY OF DELRAY BEACH, FLORIDA LIM Cary D. Glickstein, Mayor ALTA CONGRESS OWNER, LLC By: Print Name: Title: The foregoing instrument was acknowledged before me this day of , 2014, by (name of officer or agent, title of officer or agent) of (name of corporation acknowledging), a behalf of the corporation take an oath. (state or place of incorporation) corporation, on He /She is personally known to me or has produced (type of identification) as identification and did (did not) 2 Signature of Notary Public - State of Florida MEMORANDUM TO: Mayor and City Commissioners FROM: Janice Rustin, Assistant City Attorney THROUGH: Terrill Pyburn, Interim City Attorney DATE: February 11, 2014 SUBJECT: AGENDA ITEM 8.K. - REGULAR COMMISSION MEETING OF FEBRUARY 24, 2014 TEMPORARY USE AND HOLD HARMLESS AGREEMENT/ THAB, LLC (D /B /A ADMIRAL WATER TAXI) ITEM BEFORE COMMISSION The attached is a Temporary Use and Hold Harmless Agreement between the City of Delray Beach and THAB LLC (doing business as "Admiral Water Taxi ") for the temporary use of dock space to load and unload passengers at Veterans Park from 6:30 p.m. to 9:30 p.m. on Thursday, Friday, and Saturday nights as part of its water taxi service. BACKGROUND Admiral Water Taxi is a water taxi service that operates out of the Boynton Harbor Marina. It plans to drop off and pick up passengers at Veterans Park in order to provide its customers the opportunity to travel via water to Delray Beach for dinner three (3) nights per week. As part of this service, passengers will board the water taxi at Boynton Harbor Marina, be dropped off at Veterans Park in Delray Beach, and then be picked up three (3) hours later. Pursuant to Chapter 92 of the City's Code of Ordinances, the City can permit temporary docking of boats at Veterans Park for up to three (3) hours in any one - day period, for a maximum not to exceed twenty -one (2 1) hours per week. The attached Temporary Use and Hold Harmless Agreement grants Admiral Water Taxi the non- exclusive right to dock at Veterans Park for the purpose of dropping off and picking up customers on Thursday, Friday, and Saturday nights. The taxi service is required to obtain City Manager approval if it wants to drop off or pick up water taxi passengers at any other time. In exchange, Admiral Water Taxi agrees to indemnify and hold harmless the City for any damages or claims that may arise from Admiral's use of the City dock space at Veterans Park in connection with the water taxi service. RECOMMENDATION The City Attorney's office recommends approval of the agreement. TEMPORARY USE AND HOLD HARMLESS AGREEMENT THIS TEMPORARY USE AND HOLD HARMLESS AGREEMENT is entered into this day of , 2014 by and between the CITY OF DELRAY BEACH, FLORIDA, a Florida municipal corporation (hereinafter referred to as "CITY ") and THAB LLC, d/b /a ADMIRAL WATER TAXI an Ohio corporation, registered in Florida (hereinafter referred to as "OPERATOR "). WITNESSETH: WHEREAS, OPERATOR is the operator of a water taxi service operating out of Boynton Harbor Marina and seeks to use the CITY dock space at Veterans Park to drop off and pick up passengers; and WHEREAS, pursuant to Chapter 92 of the Code of Ordinances of the City of Delray Beach, the CITY has the power to permit temporary docking of boats at Veterans Park for up to three (3) hours in any one -day period, for a maximum not to exceed twenty -one (21) hours per week. WHEREAS, the City Commission believes it to be in the best interest of the economic development of the downtown and beach areas of the City of Delray Beach to allow such operation. NOW, THEREFORE, for the mutual covenants and matters set forth herein, as of the date set forth above, the parties hereby agree as follows: 1. The recitations set forth above are incorporated herein. 2. Water Taxi Service. The City agrees to grant OPERATOR the non - exclusive right to use the dock at Veterans Park on a first -come, first- served basis to drop off passengers at 6:30 p.m. and pick them up at 9:00 p.m. on Thursday, Friday and Saturday nights, except that OPERATOR shall not be permitted to use dock space that has been leased to a charter or sightseeing vessel operator. OPERATOR may not use Veterans Park to drop off water taxi passengers outside the time and days listed herein unless authorized by City Manager or his or her designee. 3. Term and renewal. The term of this Agreement shall be for one (1) year from the date written above. 4. Termination. This Agreement may be revoked in writing by the CITY with or without cause at any time during the term of this Agreement by giving thirty (30) days written notice to the OPERATOR. 5. Conditions of the Water Taxi Service. OPERATOR agrees to comply with the following conditions during the term of this Agreement. A. All individuals who drive or direct the water taxi, hereinafter referred to as "captains ", shall be eighteen (18) years of age and possess a valid United States Coast Guard Master Operator license for the class of vessel the captain will operate. B. The captains shall not operate the vessels in such a manner that would jeopardize the safety of passengers transported therein or of the general public, or in such a manner that intentionally impedes other vessel traffic, creates a hazardous situation or otherwise violates state or local laws. C. The OPERATOR shall comply with all state and federal laws and regulations concerning the vessels of the type utilized by OPERATOR. D. The OPERATOR shall maintain Florida vessel registration and a United States Coast Guard certificate of inspection for all vessels utilized for the water taxi service. 2 6. Indemnification. OPERATOR, for good and valuable consideration, agrees to defend, indemnify, and hold harmless the CITY, its agents, officers, employees and servants from any and all suits, causes of action or any claim whatsoever made, and damages, which may result from any activity conducted by OPERATOR, its agents, employees, assigns or contractors, in relation to the use of the CITY dock space at Veterans Park in connection with the operation of the OPERATOR'S water taxi service. 7. Insurance. OPERATOR shall obtain insurance in the amounts and of the types specified in Exhibit "A" attached hereto which is incorporated herein as if fully set forth. Operator shall list CITY as Additional Insured on the insurance certificate. 8. Governing laws; venue. This agreement shall be governed by the laws of the State of Florida. Any proceeding initiated to enforce the provisions of this agreement shall be brought in the State or Federal courts located in Palm Beach County, Florida. 9. Binding Effect. All of the terms and provisions of this Agreement shall be binding upon, inure to the benefit of, and be enforceable by, the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns. 10. Entire Agreement. This Agreement shall constitute the entire agreement of the parties with respect to the subject matter of it. All prior understandings and agreements between the parties with respect to such matters are merged into this Agreement, which alone fully and completely expresses their understanding. 11. Amendments. This Agreement may not be amended, modified, altered, or changed in any respect, except by a further agreement in writing duly executed by each of the parties hereto. 3 12. Third Parties. Nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Agreement upon any person other than the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns, nor is anything in this Agreement intended to relieve or discharge the obligation or liability of any third persons to any party to this Agreement, nor shall any provision thereof give any third person any right of subrogation or action over or against any party to this Agreement. IN WITNESS WHEREOF, the parties hereto have entered into this agreement the day and year first written above. CITY OF DELRAY BEACH, FLORIDA, a Florida municipal corporation ATTEST: IM City Clerk Approved as to Form: City Attorney Cary D. Glickstein, Mayor THAB LLC. By: Print Name: Title: STATE OF FLORIDA COUNTY OF PALM BEACH (SEAL) The foregoing instrument was acknowledged before me this day of , 2014 by officer or agent) of acknowledging), a (name of officer or agent, title of (name of corporation (state or place of incorporation) corporation, on behalf S of the corporation. He /She is personally known to me or has produced an oath. (type of identification) as identification and did (did not) take Signature of Notary Public - State of Florida Exhibit "A" INSURANCE REQUIREMENTS OF THE CITY OF DELRAY BEACH Operator shall not commence operations under the terms of this Agreement until certification or proof of insurance, detailing terms and provisions of coverage, has been received and approved by the City of Delray Beach Risk Manager. If you have any questions call (561) 243 -7150. The following insurance coverage shall be required. A. Worker's Compensation Insurance covering all employees and providing benefits as required by Florida Statute 440 and including Employers Liability coverage, regardless of the size of your firm. Operator further agrees to be responsible for employment, control and conduct of its employees and for any injury sustained by such employees in the course and scope of their employment. B. General liability insurance with a minimum limit of $1,000,000 per occurrence and $2,000,000 in the aggregate annually, providing coverage for Premises and Operations, Products and Completed Operations, Fire Legal Liability, and Personal and Advertising Injury Liability. Insurance Policies must be obtained through insurance companies that are authorized to transact business in the State of Florida by the Department of Financial Services, and they must carry a minimum rating of A.M. Best of A- as to management and VII as to financial size. C. Marine Protection & Indemnity Insurance, or similar Watercraft Liability for owned, hired or borrowed watercraft. Coverage may be provided either by way of endorsement under the Commercial General Liability (GC 24 12 Boats) or by separate Marine Protection and Indemnity insurance with limits not less than $1,000,000 per occurrence. D. The certification or proof of insurance must contain a provision for notification to the City thirty (30) days in advance of any material change in coverage, non - renewal or cancellation. Operator shall furnish to the City, Certificate(s) of Insurance evidencing insurance required by the provisions set forth above, at least thirty (30) days prior to the holding of the event. If so requested by the City, certified copies of insurance policies will be provided by Operator. If any of the above coverages expire during the term of this Agreement, Operator will provide a renewal certificate at least ten (10) days prior to expiration. Mail to: City of Delray Beach, Attu. Risk Manager, 100 N.W. I't Avenue, Delray Beach, Florida 33444 with a copy to Assistant City Manager, 100 N.W. I't Avenue, Delray Beach, FL 33444 0 If you have GPS in your vehicle, we are located at the intersection of North 26.31.666 and West 80.03.324. Directions from Interstate -95: 1. Exit at Boynton Beach Blvd. (Exit 57) 2 Go East on Boynton Beach Blvd. Follow till end and make right into Condo Public Parking Garage. Park free and walk out opposite entrance to boats. Boynton Harbor Marina 700 Casa Loma Blvd. Boynton Beach, Florida "LET'S DO LUNCH 51/2 HOUR EVENT! Cruise the calm Intracoastal Waterway from Boynton Beach all the way South to Deerfield Beach Be prepared to see homes that are fancy to extravagant and beyond! Next you will stop at the famous Two Georges Waterfront Restaurant at the Cove. There you will be seated and served a delirious lunch of your choice, all the while yachts pass on by • Free Parking • Experienced Licensed Captain • U.S. Coast Guard Certified Inspected 40 foot Fiberglass Diesel Pov Bred Vessel Daily Water Taxi to Lunch - $28.00 per Person Includes Round Trip Taxi Ride Qnjj Depart Boynton Harbor Marina - 10.05 AM sharpl Arrive Two Georges Restaurant - 12 :15 PM Depart Two Georges Restaurant - 1 45 PM Arrive Boynton Harbor Marina - 3.45 PM Dining at Delray - $20.00 per Person Includes Round Trip Taxi Ride QnJy Thursday • Friday • Saturday Other Nights Available for Pnvate Groups Depart Boynton Harbor Marina - 6:00 PM Arrive Downtown Delray Beach - 6.30 PM Depart Downtown Delray Beach - 9.00 PM Arrive Boynton Harbor Marina - 9.30 PM Please Note: • The vessel is not equipped for credit card service. Please visit your ATM prior to boarding. • Pricing does not include food. • Limited seating - sorry, no discounts. • Captain reserves the right to change or cancel trips without pnor notice. N .. " " WATER TAXI igs 1 to Lunch Dinner (Deerfield) (Delray) If you have GPS in your vehicle, we are located at the intersection of North 26.31.666 and West 80.03.324. Directions from Interstate -95: 1. Exit at Boynton Beach Blvd. (Exit 57) 2 Go East on Boynton Beach Blvd. Follow till end and make right into Condo Public Parking Garage. Park free and walk out opposite entrance to boats. Boynton Harbor Marina 700 Casa Loma Blvd. Boynton Beach, Florida "LET'S DO LUNCH 51/2 HOUR EVENT! Cruise the calm Intracoastal Waterway from Boynton Beach all the way South to Deerfield Beach Be prepared to see homes that are fancy to extravagant and beyond! Next you will stop at the famous Two Georges Waterfront Restaurant at the Cove. There you will be seated and served a delirious lunch of your choice, all the while yachts pass on by • Free Parking • Experienced Licensed Captain • U.S. Coast Guard Certified Inspected 40 foot Fiberglass Diesel Pov Bred Vessel Daily Water Taxi to Lunch - $28.00 per Person Includes Round Trip Taxi Ride Qnjj Depart Boynton Harbor Marina - 10.05 AM sharpl Arrive Two Georges Restaurant - 12 :15 PM Depart Two Georges Restaurant - 1 45 PM Arrive Boynton Harbor Marina - 3.45 PM Dining at Delray - $20.00 per Person Includes Round Trip Taxi Ride QnJy Thursday • Friday • Saturday Other Nights Available for Pnvate Groups Depart Boynton Harbor Marina - 6:00 PM Arrive Downtown Delray Beach - 6.30 PM Depart Downtown Delray Beach - 9.00 PM Arrive Boynton Harbor Marina - 9.30 PM Please Note: • The vessel is not equipped for credit card service. Please visit your ATM prior to boarding. • Pricing does not include food. • Limited seating - sorry, no discounts. • Captain reserves the right to change or cancel trips without pnor notice. N WW Fhm" WSW*W 'him 0940� 'tr igs 1 1 1 A,1A Dead, aw €mot 5d 57 ora"M Is Aver_ 49 MR *ArA if�taoi 1144W . Nq Ursp Raw Hmn If you have GPS in your vehicle, we are located at the intersection of North 26.31.666 and West 80.03.324. Directions from Interstate -95: 1. Exit at Boynton Beach Blvd. (Exit 57) 2 Go East on Boynton Beach Blvd. Follow till end and make right into Condo Public Parking Garage. Park free and walk out opposite entrance to boats. Boynton Harbor Marina 700 Casa Loma Blvd. Boynton Beach, Florida "LET'S DO LUNCH 51/2 HOUR EVENT! Cruise the calm Intracoastal Waterway from Boynton Beach all the way South to Deerfield Beach Be prepared to see homes that are fancy to extravagant and beyond! Next you will stop at the famous Two Georges Waterfront Restaurant at the Cove. There you will be seated and served a delirious lunch of your choice, all the while yachts pass on by • Free Parking • Experienced Licensed Captain • U.S. Coast Guard Certified Inspected 40 foot Fiberglass Diesel Pov Bred Vessel Daily Water Taxi to Lunch - $28.00 per Person Includes Round Trip Taxi Ride Qnjj Depart Boynton Harbor Marina - 10.05 AM sharpl Arrive Two Georges Restaurant - 12 :15 PM Depart Two Georges Restaurant - 1 45 PM Arrive Boynton Harbor Marina - 3.45 PM Dining at Delray - $20.00 per Person Includes Round Trip Taxi Ride QnJy Thursday • Friday • Saturday Other Nights Available for Pnvate Groups Depart Boynton Harbor Marina - 6:00 PM Arrive Downtown Delray Beach - 6.30 PM Depart Downtown Delray Beach - 9.00 PM Arrive Boynton Harbor Marina - 9.30 PM Please Note: • The vessel is not equipped for credit card service. Please visit your ATM prior to boarding. • Pricing does not include food. • Limited seating - sorry, no discounts. • Captain reserves the right to change or cancel trips without pnor notice. MEMORANDUM TO: Mayor and City Commissioners FROM: Jasmin Allen, Planner Mark McDonnell, AICP, Interim Director of Planning and Zoning THROUGH: Louie Chapman, Jr., City Manager DATE: February 20, 2014 SUBJECT: AGENDA ITEM 8.L. -REGULAR COMMISSION MEETING OF FEBRUARY 24, 2014 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS ITEM BEFORE COMMISSION The action requested of the City Commission is review of appealable actions which were taken by various Boards during the period of January 27, 2014 through February 21, 2014. BACKGROUND This is the method of informing the City Commission of the land use actions, taken by designated Boards, which may be appealed to the City Commission. After this meeting, the appeal period shall expire (unless the 10 day appeal period has not occurred). Section 2.4.7(E), Appeals, of the LDRs applies. In summary, it provides that the City Commission hear appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: • The item must be raised by a Commission member. • By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. REVIEW BY OTHERS Planning and Zoning Board Meeting of January 27, 2014 A. Approved (7 to 0), a conditional use modification associated with the conversion of three (3) automobile service bays to accommodate the expansion of the convenience store for S & H Exxon, located at the southeast corner of Pineapple Grove Way and NE 4th Street (206 NE 4th Street). B. Approved (7 to 0), a conditional use modification associated with the conversion of two (2) automobile service bays to accommodate the expansion of the convenience store for Chevron Gasoline Station, located at the northeast corner of SE 6th Avenue and SE 5th Street (445 SE 6th Avenue). There were no other appealable items 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: C. Recommended approval (6 to 1, Christopher Davey dissenting), of a conditional use request to allow an increase in density in excess of 30 units per acre (67.6 units per acre proposed) for Sofa District Offices and Lofts, located on the east side of SE Ist Avenue, south of SE Ist Street (I l l SE Ist Avenue). D. Recommended approval (7 to 0), of a privately- initiated small -scale Future Land Use Map amendment from TRN (Transitional) to MD (Medium Density Residential 6 -12 du /ac); and an associated amendment to the Future Land Use Map to identify that the property is included within the Southwest Neighborhood Overlay District; and Rezoning from RO (Residential Office) District to RM (Medium Density Residential) District for a parcel of land located on the south side of SW Ist Street, between SW 1St Avenue and SW 2nd Avenue within the Coda Development. E. Recommended approval (7 to 0), of a privately- initiated amendment to the Land Development Regulations by amending Article 4.7 "Family/Workforce Housing ", Section 4.7.1 "Definitions ", Subsection (p) "Southwest Neighborhood Overlay District" to expand the area as shown on the map by repealing the existing map and replacing it with a new one; and by amending Section 4.5.9 "The Southwest Neighborhood Overlay District" to correct a scrivener's error. F. Recommended approval (7 to 0), of a conditional use request to allow a density in excess of 12 units per acre (21.22 units per acre proposed) to accommodate sixteen (16) townhomes in four (4) three - story buildings for Coda, located on the south side of SW 1 st Street, between SW 1 st Avenue and SW 2nd Avenue. G. Tabled ( 7 to 0), a privately- initiated Future Land Use Map amendment for Seagate Country Club Villas which includes three undeveloped parcels of land: Parcels 3 and 4 from OS (Open Space) to LD (Residential Low Density 0 -5 units /acre) and Rezoning from OSR (Open Space & Recreation) to R -1 -A (Residential Single Family); and Parcel 8, from LD (Residential Low Density 0 -5 units /acre) to OS (Open Space) and Rezoning from R -1 -A (Residential Single Family) to OSR (Open Space & Recreation). Parcels 3 and 4 measure 0.36 acres each; and Parcel 8 measures 0.02 acres, all located on the north side of Greensward Lane, within the Seagate Country Club Residential Development at the Hamlet. Site Plan Review and Appearance Board Meeting of February 12, 2014 1. Approved with conditions (7 to 0) a twenty -four (24) month extension (expiring February 22, 2016), of a Class V site plan, landscape plan and architectural elevation plan associated with the construction of a 10,712 sq. ft. industrial building for Georgia Lime Commerce Center, located at the northwest corner of Georgia Street and Lime Lane. Same Location as Item# A Above: Approved with conditions (7 to 0), a Class III site plan modification associated with the conversion of three (3) existing automotive service bays to retail use for interior expansion of the existing convenience store for the S & H Exxon, located at the southeast corner of Pineapple Grove Way and NE 4th Street (206 NE 4th Street). Concurrently, the Board approved the following waivers: i. Approved (7 to 0), a waiver to LDR 4.6.16(H)(3)(i) which requires terminal landscape islands to be located at the end of each parking row and have a minimum width of nine (9) feet and depth of fifteen feet (15') for a total of 135 sq. ft. to eliminate this requirement on either side of the handicap space, and reduce this requirement to 5'4" for the parking row along the east property line. ii. Approved (7 to 0), a waiver to LDR Section 4.6.16(H)(3)(d), which requires a five foot (5') landscaped buffer between the off - street parking area or other vehicular use area and abutting property to allow a three foot (3') landscape buffer between the parking row on the east property line and the adjacent alley. iii. Recommended to the City Commission (7 to 0), a waiver to LDR Section 4.6.18.B.14.iv.2., to reduce the minimum transparency or glass surface area on the ground floor wall area from a minimum required of 75% of the wall area to allow a 53.4% glass transparency area along the front (i.e. NE 4th Street) elevation in place of the existing roll down doors (currently 0% transparency exists). 2. Postponed (6 to 1, Jose Aguila dissenting), the Class V site plan, landscape plan and architectural elevation plan associated with the demolition of an existing site and construction of a new 5,761 sq. ft. storage warehouse building for Rainbow Warehouse, located on the west side of Wallace drive, north of Mildred Street (1402 Wallace Drive). 3. Postponed (7 to 0), the Class III site plan for Abbey Delray associated with the construction of a new front entry, additions to the Club house, renovation to the existing auditorium building, construction of a new marketing center, administration and wellness pavilions for Abbey Delray, located at the southwest corner of Congress Avenue and Lowson Boulevard (2000 Lowson Boulevard). Historic Preservation Board Meeting of February 19, 2014 4. Approved (5 to 0, Ana Maria Aponte and Iris McDonald absent), a request for a Certificate of Appropriateness to allow the installation of a new illuminated wall sign on a contributing property at 812 East Atlantic Avenue (southwest corner of East Atlantic Avenue and the Intracoastal Waterway). 5. Approved (5 to 0, Ana Maria Aponte and Iris McDonald absent), a request for a Certificate of Appropriateness to allow the installation of a freestanding pergola to the west side of a contributing structure located at 236 Dixie Boulevard (south side of Dixie Boulevard, east of Seacrest Boulevard). Concurrently, the Board approved a variance (5 to 0), to LDR Section 4.3.4(x), to reduce the side interior (west) setback for the pergola to 2', whereas 7'6" is required. There were no other appealable items considered by the Historic Preservation Board. The following item which was considered by the Board will be forwarded to the City Commission for action: 6. Recommended (4 to 1, John Miller dissenting and Ana Maria Aponte and Iris McDonald absent), to the Planning and Zoning Board, a privately initiated amendment to LDR Sections 4.4.24(B), 4.4.24 (C), and 4.4.24(F) to add Lots 16 — 18 of Block 69, and Lots 11 -12 and the North Half of Lot 13, and Lots 23 -25 of Block 70 to those properties zoned OSSHAD (Old School Square Historic Arts District) to which the "Permitted Uses" of 4.4.13(B), "Accessory Uses" of 4.4.13(C), and "Development Standards" 4.3.4(J)(4) of the CBD (Central Business District) zoning district are allowed, excluding exceptions to height provided in LDR Section 4.3.4(J)(4). RECOMMENDATION By motion, receive and file this report. CITY COMMISSION MEETING - - - - CTYUMTS .,� _,_ N APPEALABLE ITEMS -� ! M>>_E PLANNING AND ZONING LOCATION MAP crzar�rirc scac� DEPARTMENT FEBRUARY 24. 2014 P &Z; A. S& H EXXON B. CHEVRON GASOLINE STATION SPRAB: 1. GEORGIA LIME COMMERCE CENTER 2. RAINBOW WAREHOUSE 3. ABBEY DELRAY HPB: 4. 892 E. ATLANTIC AVENUE 5.236 DIXIE BOULEVARD -- DIGITAL. BASE MAP SYSTEM -- -- DLS -- MAP REF: S: \Planning & Zoning \DBMS \File — Cob \CC— DOC \2 -24 -14 WHEREAS, multiple myeloma, the second most common blood cancer worldwide, is a cancer of plasma cells in the bone marrow. It is called "multiple" because the cancer can occur at multiple sites; and WHEREAS, multiple myeloma currently affects more than 100,000 people in the United States, with an estimated 20,000 new cases diagnosed each year and 10,000 losing their battle each year; and WHEREAS, once a disease of the elderly, it is now being found in increasing numbers in people under the age of 65; and WHEREAS, because multiple myeloma is a rare disease, there can be a delayed diagnosis leading to delayed treatment. For this reason, an increased awareness of multiple myeloma for clinicians and the general public will lead to earlier diagnosis allowing people to live longer; and WHEREAS, continued investment and innovation is critical to achieve early diagnosis and implement the most effective and safest treatments for multiple myeloma patients; and WHEREAS, although we have seen important advances in the last decade, there is still no cure for Myeloma. NOW, THEREFORE, I, CARY D. GLICKSTEIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim the month of March 2014 as: MULTIPLE MYELOMA AWARENESS MONTH in the City of Delray Beach and encourage all residents to participate in voluntary activities to support Myeloma education and the funding of research programs to find a cure. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 24th day of February, 2014. CARY D. GLICKSTEIN MAYOR WHEREAS, more and more people are focusing on staying fit, eating well, reducing stress, thinking positive, becoming more aware of holistic and a range of formerly "alternative," but now mainstream methods of caring for themselves and others (acupuncture, chiropractic, massage, meditation, aromatherapy and more) as well as thinking green; and WHEREAS, Bob Lipp, the founder, Sandra Tribioli, the Director of Operations, for WellFestT" , and many others in Delray and surrounding communities are moving forward with a "grass roots" initiative to educate, inform, motivate and inspire people of all levels, new and longtime practitioners of this "Wellness - lifestyle" and the mind, body and spirit connection; and WHEREAS, this initiative has resulted in an event named "Weffesc" Delray ", a two -day showcase that will feature a Wellness Business Expo, an Eat Well Food Court, a Fitness /Well -being area, WellPet area, Wellness Cooking, Event Area and over two dozen Expert Speakers talking about a range of important and significant wellness - related issues; and WHEREAS, WellFestT" Delray will take place on the weekend of March 8 -9, 2014 from 11 a.m. - 5 p.m., outdoors at Delray Center for the Arts and indoors at Hyatt Place Delray. NOW, THEREFORE, I, CARY D. GLICKSTEIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim March 8 -9, 2014 as: WELLFESTTm DELRAY and urge all residents in the City of Delray Beach to increase their awareness and understanding of their own personal Wellness and that of family and friends. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 241h day of February 2014. CARY D. GLICKSTEIN MAYOR MEMORANDUM TO: Mayor and City Commissioners FROM: Kevin Rumell, Fleet Superintendent Jim Schmitz, Deputy Director of Public Works Randal L. Krejcarek, P.E., LEED AP, Environmental Services Director THROUGH: Louie Chapman, Jr. City Manager DATE: February 20, 2014 SUBJECT: AGENDA ITEM 8.N.1 - REGULAR COMMISSION MEETING OF FEBRUARY 24,201 PURCHASE AWARD / RECHTIEN INTERNATIONAL TRUCKS ITEM BEFORE COMMISSION This item is before the Commission to approve the repairs to the engine of DBFR Ambulance #200865 by Rechtien International, West Palm Beach, Florida. BACKGROUND In accordance with Purchasing Ordinance No. 29 -13, Chapter 36, Section 36.02 (C) (6) (a), City Commission approval is requested to award the repair of the Fire Rescue Ambulance to Rechtien International Trucks, as a sole source vendor. Rechtien International is the only authorized International Truck dealer in the South Florida region. During this fiscal year to date, the City of Delray Beach has spent approximately $18,400 with Rechtien International for truck parts and services. This repair will cross the $25,000 threshold, and per Section 36.03 (B) of the purchasing ordinance, City Commission approval is required. The affected 2008 model Ambulance is constructed on an International Truck cab and chassis, and would not run due to mechanical failure within the engine. The Ambulance was towed to Rechtien International in West Palm Beach, Florida for diagnosis and a repair quote. The scope of work by Rechtien International, which is included in their diagnosis and repair quote, involves removing the engine cylinder head and replacement of the camshaft and related parts at a total cost of $7,305.04. FUNDING SOURCE Funding is available from 501- 3311 - 591.52 -52 (Garage- Outside Services), as approved in the FY 2013- 2014 budget. RECOMMENDATION Staff recommends approval the purchase award to Rechtien International, in the amount of $7,305.04 for repairs to the 2008 Ambulance. Estimate #889733 Customer: City of Delray Beach Vehicle: 4400 SBA LP 4X2 Labor Card VIN: 1HTMRAAM18H577358 RO: 52754 Date: 2/18/2014 Unit: 0865 Mileage: 104607 L12- 1357K -20 Time: 35.0 Engine Camshaft, 1 -6 (IN CHASSIS), Replace Variation: L12- 1357K -20 4400, MAXXFORCE DT /9/10 Standard Operation Notes: N/A Additional Notes: N/A Generated by On Command Repair Management Currency: USD Page: 1 of 1 Copyright 2009 -2014 Navistar Inc. All rights reserved. RECHTIEN INTL TRUCKS, 3787 INTERSTATE PRK RD W - RIVIERA BEACH, FL 33404 Repair Management Phone: (866) 882 -9050 - Fax: (561) 882 -0218 Re[t�tierr BY NAWS TAR Estimate Number: 889733 - RO Number: 52754 f Service Writer: mike phillips - Date: 2/18/2014 11:55 AM (C) Currencv: USD VIN: 1 HTMRAAM18H577358 Model: 4400 SBA LP 4X2 Engine: MAXXFORCE DT 285HP/2400 GOV Make: International Delivered: 9/6/2007 In Service: 6 Years 5 Months Mileage: 104607 Eng Hrs: 9550 Engine Camshaft, 1 -6 (IN CHASSIS), Replace 1) CAMSHAFT ASSY 1 -326 466/570 12) TAPPET ASSY ROLLER 12) CLEANER, BRAKE NON CHLORINATED 30) OIL 12) GUIDE VALVE LIFTER 2) ROD, PUSH 2) FLUID 1) KIT,CYLINDER HEAD GASKETS 1326 1) SEAL, COOLANT PORT 6) WASHER LOWER SUPPORT 1) GASKET NLET DUCT TO INTAKE MANIFOLD 1) KIT, COVER SEALS FRONT HALF 5) RING, "O" #210.734" X.873" 1) BOLT ASM, W /SEAL M8 X 50MM 1) PUMP KIT, OIL GEN III ONLY 466 1) GASKET ASM, VALVE COVER HARNESS W/ BRAKE 1) HOSE, RADIATOR INLET 4) LINED HOSE CLAMPS SAE 44 1) KIT, OIL FILTER LONG Recall /AFC: No Contact Name: RAY Ballard Position: service- primary Phone: (561) 243 -7340 E -Mail: PO Number: $4,095.00 Notes: [211812014 11:55 AM] - Dealer. CHECK AND ADVISE CHECK ENGINE LIGHT IS ON AND OIL PRESSURE VERY LOW. $3,160.04 Parts: Core: Labor: Shop: Tax: TOTAL: $0.001 $7,255.04 $3,160.04 $0.00 $4,095.00 $50.00 $0.00 $7,305.04 This estimate is subject to teardown and inspection and is valid for 30 days from date above. I, the undersigned, authorize you to perform the repairs and furnish the necessary materials. I understand any costs verbally quoted are an estimate only and not binding. Your employees may operate vehicle for inspecting, testing and delivery at my risk. You will not be responsible for loss or damage to vehicle or articles left in it. AUTHORIZED BY: DATE:—/ / Generated by On Command Repair Management Currency: USD Page: 1 of 1 Copyright 2009 -2014 Navistar Inc. All rights reserved. Estimate #889733 Parts Card Customer: City of Delray Beach Mileage: 104607 RO: 52754 Vehicle: 4400 SBA LP 4X2 VIN: 1 HTMRAAM18H577358 Date: 2/18/2014 Engine Camshaft, 1 -6 (IN CHASSIS), Replace 1 1854644C94 $699.51 $699.51 CAMSHAFT ASSY 1 -326 466/570 12 1850160C3 TAPPET ASSY ROLLER $32.62 $391.44 12 NAL4620 CLEANER, BRAKE NON CHLORINATED $2.99 $35.88 30 15W40 OIL $3.24 $97.20 12 1813892C1 GUIDE VALVE LIFTER $36.71 $440.52 2 11854756C1 ROD, PUSH $22.81 $45.62 2 ZSH9404206021G FLUID $11.84 $23.68 1 1889247C95 KIT,CYLINDER HEAD GASKETS 1326 $331.99 $331.99 1 1841479C1 SEAL, COOLANT PORT $15.40 $15.40 6 1841650C1 WASHER LOWER SUPPORT $1.63 $9.78 1 1845023C1 GASKET NLET DUCT TO INTAKE MANIFOLD $13.22 $13.22 1 11842663C93 KIT, COVER SEALS FRONT HALF $249.72 $249.72 5 1818402C2 RING, "O" #210.734" X.873" $2.49 $12.45 1 1873599C91 BOLT ASM, W /SEAL M8 X 50MM $9.48 $9.48 1 1881751C91 PUMP KIT, OIL GEN III ONLY 466 $278.56 $278.56 1 185050OC92 GASKET ASM, VALVE COVER HARNESS W/ BRAKE $415.75 $415.75 1 13610318C2 HOSE, RADIATOR INLET $38.72 $38.72 4 ISMP10295 LINED HOSE CLAMPS SAE 44 $2.16 $8.64 1 11842639C92 KIT, OIL FILTER LONG $42.481 $42.48 Generated by On Command Repair Management Currency: USD Page: 1 of 1 Copyright 2009 -2014 Navistar Inc. All rights reserved. MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: Louie Chapman, Jr., City Manager DATE: February 13, 2014 SUBJECT: AGENDA ITEM 9.A. - REGULAR COMMISSION MEETING OF FEBRUARY 24, 2014 APPEAL OF THE CITY MANAGER'S DECISION /BUDDHA SKY BAR ITEM BEFORE COMMISSION City Commission is requested to consider an appeal from Christopher Licata on behalf of Buddha Sky Bar, of the City Manager's denial of their request to extend their alcohol license premise on March 15, 2014 from 11:00 a.m. until 6:00 p.m. BACKGROUND Attached is a letter received from Christopher Licata appealing the City Manager's decision to deny the extension of their alcohol license per City Code of Ordinances Section 113.02(B). Also attached as backup is the City Manager's denial letter, the extension application, a copy of the referenced code and the Police Chief's recommendation to deny all such requests, not only for the St. Patrick's Day Parade, but also other events which is the basis for denial. One such request was processed in the past and was approved. However, since they only used french style barricades, problems occurred with passing alcoholic beverages over the fence. The site requested is entirely on private property. RECOMMENDATION Staff recommends denial of the appeal. However, if Commission decides to approve the appeal we recommend the following conditions: The appellant must adhere to the site plan and enclose the entire site with a 6' high chain link or similar type fencing. The appellant must confirm that they have hired licensed private security guards or off duty law enforcement personnel to ensure patrons remain on site with alcohol beverages. The appellant must process their application through the State Department of Business Regulation with a copy of their Temporary License sent to the City Manager's Office by March 10, 2014. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA APPEAL OF ADMINISTRATIVE DETERMINATION REGARDING BUDDHA SKY BAR ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This appeal of the denial of an administrative waiver request to allow the consumption of alcoholic beverages on property outside Buddha Sky Bar, from 11:00 a.m. to 6:00 p.m. on March 15, 2014, pursuant to Ordinance Section 113.02(8) has come before the City Commission on February 24, 2014 2. The Appellants, Appellee and City staff presented documentary evidence and testimony to the City Commission pertaining to the appeal of the denial of an administrative waiver request to allow the consumption of alcoholic beverages on property outside his business pursuant to Ordinance Section 113.02(8). All of the evidence is part of the record in this case. 3. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 4. Based on the entire record before it, the City Commission approves denies the appeal subject to the conditions set forth in Exhibit "A ". The City Commission hereby adopts this Order this 24th day of February, 2014, by a vote of in favor and opposed. Cary D. Glickstein, Mayor ATTEST: Chevelle Nubin City Clerk ('.nnrlifinn¢ 1. The appellant must adhere to the site plan and enclose the entire site with 6' chain link or similar type fencing. 2. The appellant must confirm that they have hired private security guards or off duty law enforcement personnel to ensure patrons remain on site with alcohol beverages. 3. The appellant must process their application through the State Department of Business Regulations with a copy of their Temporary License sent to the City Manager's Office by March 10, 2014. 2 RECEIVED FEB 121014 ADMINISTRATIVE SERVICES 2/11/14 Mayor and City Commissioner Attn : Louie Chapman Jr. City Manager 100 NW 1S1 Ave Delray l3each,FI 33444 I would like to appeal the request and application to extend my alcohol license permit as per application on March 15, 2014 from 1100 am until 6pm . Please reconsider, we are hosting the 27til /28t" union . They will be announcing the Parade from our balcony ( televised ] every year from now on. The crowd will be to much to handle inside .So we need the additional parking lot. Regards, Christopher Licata 954 729 -0222 EITY OF DEP-AY BEACH DELRAY BEACH blftd January 29, 2014 AIIAmerica City I 1 a Mr. Christopher Licata Buddha Sky Bar 1993 217 E. Atlantic 2001 Delray Beach, FL 33444 100 NAY. 1st AVENUE 1, t DELRAY BEACH, FLORIDA 33444 5611243 -7000 RE: Alcohol License Extension Request St. Patrick's Day, March 15, 2014 Dear Mr. Licata: 1 have completed my review of the above subject request and application to extend your alcohol license permit as per your application on March 15, 2014, from 11:00 a.m. until 6:00 p.m., with City staff. Our Police Chief has recommended denial of this request and all such requests for this event, as well as other events. Based on staff recommendations, this request is denied. Per the City Code of Ordinances Section It 3.02(B), you may appeal my decision to City Commission. Said appeal would be heard by City Commission at the next available meeting, which would be February 25, 2014. Please address appeal letter to: Mayor and City Commissioners Attn: Louie Chapman, Jr., City Manager 100 NW 1st Avenue Delray Beach, FL 33444 Also, please copy Robert Barcinski, Assistant City Manager Sincerely, Louie Chapman, Jr. City Manager cc: Robert Barcinski Al Berg Lula Butler Lt. Privitera Chief Strianese U:lw,A'data\Letters\Ltr to Chris Licata re Alcohol License Extension Req St Pat 3.15.14.dmx INTEGRITY ` [',ESPONSIBLE ' INNOVATIVE - T ERMVV0PK Louie Chapman Jr. City Manger 100 NW 1St Ave Delray Beach Fl, 33444 1 -15 -14 RECEIVED I l' f l! LE! 114 ,'iDtfl��'ISTF;Ai'Ii'!r SFr i�f i'S Mr. Chapman , 1 writing this letter t ask for a wavier of City Code 113.02 (B) to allow the extension of licensed premises on3/15/14 , St Pattys Day located at 217 E Atlantic Ave Delray Beach F1,33444 ( Parking Lot) . Thank you for your time . i14a -FPM Regards, Christopher Licata Buddha Sky bar /Garden 954 729 -0222 DBPR ABT -6029 — Division of Alcoholic Beverages and Tobacco Application for Extension or Amended Sketch of Licensed Premises STATE OF FLORIDA DBPR Form DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION ABT -11029 Revised 0212013 If you have any questions or need assistance in completing this application, please contact Ilia Division of Atcoholic Beverages & Tobacco's (AB &T) local district office. Please submit your completed application and required fee(s) to your local district office. This application may be submitted by mail, through appointment, or it can be dropped off. A District Office Address and Contact Information Sheet can be found on AB &T's web site at the link provided below.* i_a alili : a a - a a � � = a K • 1 " 1 � t ! l ll SECTION 1 -CHECK TRANSACTION REQUESTED Transaction Type, ❑■ Temporary Extension ❑ Amended Sketch ❑ Permanent Extension SECTION 2 - LICENSE INFORMATION Licensee (as listed on alcoholic beverage license) ATLANTIC DRAGONSTONE, LLC Business Name (D /B /A) BUDDHA SKY BAR Location Address (Street) 217 EAST ATLANTIC AVENUE City DELRAY BEACH County PALM BEACH Slate FL Zip Code 33444 Alcoholic Beverage License Number BEV60 -13585 Series 4COP Type /Class Business Telephone Number 561 -450 -7557 ext. Email Address (Optional) FOR TEMPORARY EXTENSIONS ONLY: Date(s) of Extension: MARCH 15-16,2014 ABT District Office Received 1 Date Stamp Auth. 61A -SM17 s SECTION 3 ZONING APARQVAt_ TO BE!_COMPt_ETI =D':BY THEZONING AUTHORITY GD11i =RNiNG YOUR Bl1SfNESS LOCATION This sect�on.onl".a° ales to a� "eriitaiient or tem ora extensfo� Hof lice "need ,remises Location Street Address 217 EAST ATLANTIC AVENUE City County Zip Code DELRAY BEACH PALM BEACH FL 33444 Are there outside areas which are contiguous to the premises which are to be part of the premises sought to be licensed ?" ® Yes ❑ No ❑ The PERMANENT extension of the licensed premises as shown in the sketch complies with zoning requirements for the sale of atcoholic beverages pursuant to this application. 0 The TEMPORARY extension of the licensed premises as shown in the sketch complies with zoning requirements for the sale of alcoholic beverages pursuant to this application. Signed: Title: Date: This approval is valid until The above establishment complies with the requirements of the Florida Sanitary Code. Signed Date. Title Agency, This approval is valid until Auth. 61A- 5.0017 II SECTINOTARIZA IONIR QUIREDICANT 11 ss Name BUDDHA "I, the undersigned individually, or if a registered legal entity for itself, its officers and directors, hereby swear or affirm that l am duly authorized to make the above and foregoing application and, as such, I hereby swear or affirm that the attached sketch is a true and correct representation of the extended licensed premises and agree that the place of business may be inspected and searched during business hours or at any time business is being conducted on the premises without a search warrant by officers of the Division of Alcoholic Beverages and Tobacco, the sheriff, his deputies, and police officers for the purposes of determining compliance with the beverage and cigarette laws." I swear under oath or affirmation under penalty of perjury as provided for in Sections 559.791, 562.45 and 837.06, Florida Statutes that the foregoing information is true and correct." If applying for a temporary extension, check the box to confirm the following statement: ❑ 0 "I understand that the promises must be restored to its original form at the conclusion of the authorized temporary event." STATE OF FLORIDA COUNTY OF PALM BEACH APPMANT SIGNATURE APPLICANT SIGNATURE cal �r' The foregoing was ( ) Sworn to and Subscribed OR ( ) Acknowledged Before me this Day of 20J By known to me OR ( ) who produced f� '1` / Nota Public. Auth. 61A- 5.0017 Chris Licata (print name(s) of person(s) making statement) who is (,- -personally identification. [' pfiY P`6 JUDY A. BYRD M1� ��i �=Notary Public - State of Florida • _ My Comm. Expires Aug 16. 2014 Bonded through flkonal (rotary Assn. 5)~CTION 6 �ESCRIP�pN OF PREMISES 7O'BE LICENSED rvk j '1 Business Name (D1BIA) BUDDHA SKY BAR 1. Yes ❑ No p Is the proposed premises movable or able to be moved? 2. Yes ❑ No ® Is there any access through the premises to any area over which you do not have dominion and control? Are there more than 3 separate rooms or enclosures with permanent bars or 3. Yes ❑ No ® counters? Is the business located within a Specialty Center? If yes, check the applicable statute: 4. Yes ❑ No [p E] 561.20(2)(b)1, F.S. or ❑ 561.20(2)(b)2, F.S. Beatty draw a floor plan of the premises in ink, including sidewalks and other outside areas which are contiguous to the premises, walls, doors, counters, sales areas, storage areas, restrooms, bar locations and any other specific areas which are part of the premises sought to be licensed. A multi -story building where the entire building is to be licensed must show the details of each floor. Auth. 61A•5.0017 0 z 0 U O O � Z a d d oWSbw: AW LU V Z Z—V LLL Q- I d) d) LU L f U f LU F- I z I � 1 xLU� z <_ LU u o j wI m 4 iy- I F- rn!x 1 I _i fl I CC LLL c° Q 1 �U Z n/� LU j 1 II 1 1 1 0 1 W J u Q 0 a z z u N iy W N Q 1 a rW 1 y0 W W J 0 1 W J u Q 0 a z z u N iy W N Q 1 a rW 1 y0 W W J Mtw_icode Page 1 of 2 Delray Beach, Florida, Code of Ordinances » GENERAL PROVISIONS >> GENERAL PROVISIONS Sec. 113.01. DEFINITIONS. Sec. 113.02. PROHIBITION OF CONSUMPTION OR POSSESSION OF OPEN CONTAINERS OF ALCOHOLIC BEVERAGES IN PUBLIC PLACES. Secs. 113.03- 113.14. RESERVED. Sec. 113.01. DEFINITIONS. The definitions as set forth in F.S. Section 561.01 are hereby adopted by reference. (Code 1980, § 3 -1) Sec. 113.02. PROHIBITION OF CONSUMPTION OR POSSESSION OF OPEN CONTAINERS OF ALCOHOLIC BEVERAGES IN PUBLIC PLACES. (A) Within this City it shall be unlawful for any person to consume alcoholic beverages or have in his/her possession any open container containing an alcoholic beverage while such person is: (1) On the public streets, sidewalks, alleys and other rights -of -way with the exception that seated patrons of a permitted sidewalk cafe may consume alcoholic beverages; (2) On the beach; (3) In public parks, provided, however, that patrons of the restaurants located at the Delray Beach Municipal Golf Course and Lakeview Golf Course may consume alcoholic beverages on the Delray Beach Municipal Golf Course and Lakeview Golf Course when they are golfing, and patrons attending an Old School Square, Inc. event at Old School Square, patrons attending an event at the Delray Beach Arts Garage /Arts Warehouse, or a Delray Beach Tennis Center event at the Delray Beach Tennis Center may consume alcoholic beverages during the event; (4) In motor vehicles or trailers; or (5) On business property outside the building with the exception that patrons seated at permanent tables provided by the business may consume alcoholic beverages. (B) Any person may request that the City Manager waive the applicability of subsection (A) for certain public functions or affairs. The City Manager shall have seven (7) days to consider such a request and if denied, the applicant may appeal the denial of the request to the City Commission. Such appeal to the City Commission, must be made within seven (7) days and will be considered by the City Commission within thirty (30) days of the denial. (Ord. No. 4-90, passed 2127190; Am. Ord. No. 28 -91, passed 2126191; Am. Ord. No. 11 -98, passed 313198; Ord. No. 46 -11, § 1, passed 113112) Cross reference— Penalty, § 113.99 Secs, 113.03 - 113.14. RESERVED. htfn• //I;hrnry rn»nirnrlp rnm /nrint 17f? 4k ..THTNTReniiest-- httn %10 /n2f___ 1/29/2014 Anthony W. Strianese Chief of Police Delray -Beach ;- — iBr & Ei Police Department All-A icaCfiy 300 West, Atlantic Avenue Delray Beach, Florida 33444 -3695 (561) 243 -7888 Fax (561) 24.34816 ]993 Accredited Since 2004 MEMORANDUM TO: Mr. -Robert Barcinski,- Assistant City Manager FROM, Anthony W. Stdanese, Chief of Police DATE: January 28, 2014 SUBJECT: CONSUMING ON PUBLIC PROPERTYISUSiNESS EXTENSIONS It has been brought to my attention that the Chamber of Commerce is seeking a waiver for public alcohol consumption -for the upcoming 2014 Delray Affair. Please be advised that the Delray Beach Polio Department adamantly .opposes the granting of waivers for the 2014 Delray Affair and the St. Patrick's Day Parade and any future waivers of similar riature in the featured downtown areas, The Delray Affair -and St. Patrick's. Day Parade footprints_consumes approximately -nine city blocks In our entertainment district. There are in excess of 30 establishments in this footprint that serve alc'6h -oGc beverages ©n a daily tjasis for #Bose: that desire. In addition, the granting of waivers for consuming on public property and allowing business extensions, which are routinely occurring during events, certainly 'are not conducive to the safety -of the, public. These events are manpower intensive and eWemely clHicult to monitor and enforce. by the Police Department.. Furt .her,. the granting of waivers for some 6Vent's and hot for others leads to great confusion for both the visiting public arid. -the business. owners themselves. Historically, those granted business extensions to serve alcohol have NOT properly followed the rules of the extensions AND violate cify 6Cdinarice acid beverage taws. It is bur contention and recommendation that the city no longer needs to support or allow such activity (waivers) to fttfract visitars to our mixed use downtown area. It is the Police Department's desire to work towards making each special event more family friendly. Cc. Mr. Louie Chapman Jr., City Manager AWSlbcs Sen,i7W ivith RR.I.D.R. Prpfessipnaltsin -, Respect; Integrity, ,Diversity acrd E.tcellenae MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: Louie Chapman, Jr., City Manager DATE: February 14, 2014 SUBJECT: AGENDA ITEM 9.B. - REGULAR COMMISSION MEETING OF FEBRUARY 24, 2014 APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD'S (SPRAB) DECISION /CHASE BANK ITEM BEFORE COMMISSION The item before the City Commission is consideration of an appeal of the Site Plan Review and Appearance Board's January 22, 2014 denial of a waiver request to allow a wall sign that does not meet sign code requirements, pursuant to the Land Development Regulations (LDR) Section 4.6.7(E)(7), providing for one (1) flat wall sign on the east elevation that faces an interior parking lot for Chase Bank located at 1755 South Federal Highway. BACKGROUND Chase Bank is under construction on the northeast corner of Linton Boulevard and Federal Highway. The 3,550 square foot building is owned by Fairway Harbor LLC, but is platted separately from the New Harbor Plaza and is therefore, a stand -alone building. The applicant is requesting a total of (5) five signs: two (2) free - standing monument signs and three (3) flat wall signs. Four of the five signs meet the sign code regulations. The proposed sign to be placed over the main entrance (east elevation) of the bank faces an interior parking lot and is not allowed by code as it does not face a dedicated street frontage. The applicant has stated this sign is necessary for its patrons to identify the entrance to the building and help patrons navigate the parking lot, which is confusing as it shares a driveway with the adjoining plaza. A justification letter for the waiver request from Chase Bank is attached. The proposed sign was considered by the Site Plan Review and Appearance Board ( SPRAB) at their regular meeting on January 22, 2014. SPRAB voted 6 -1 to deny the recommendation of the waiver to allow a flat wall sign to be placed on the east elevation. The consensus of Board was that the signage allowed by code was sufficient for this business. Allowing a waiver for an additional sign would result in "sign pollution ". Further, they noted Chase Bank was proposing numerous signs that do not require permits including: directional, ATM, Handicap Parking and Name Plate signage that contain the Chase name and logo. These signs make it easy to identify functions and the points of access to the parking lot. While the Board in the past has approved waivers for other Chase Bank locations, this Board feels they have been too lenient and do not wish to support this waiver request. Waivers under the LDR Section 2.4.7(B)(5) require that prior to granting a waiver, the granting body shall make findings that granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. A positive finding can be made as to all of the above findings. RECOMMENDATION Staff recommends approval of the appeal, which grants a waiver to LDR Section 4.6.7(E)(7) for the flat wall sign to be placed on the east elevation of the building for the Chase Bank located at 1755 South Federal Highway based on prior and similar actions taken by the Commission. Staff acknowledges the concerns raised by SPRAB related to "sign pollution" and their recommendation to deny the waiver from the Site Plan Review and Appearance Board. The board will have representation at the meeting to speak on this waiver. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This appeal of the Site Plan Review and Appearance Board's January 22, 2014 denial of a waiver request to allow a wall sign that does not meet sign code requirements for the Chase Bank at 1755 South Federal Highway came before the City Commission on February 24, 2014. 2. The Appellee and City staff presented documentary evidence and testimony to the City Commission pertaining to the appeal of the Site Plan Review and Appearance Board's denial of the waiver request to allow a wall sign that does not meet sign code requirements for the Chase Bank at 1755 South Federal Highway. All of the evidence is part of the record in this case. Required findings are made in accordance with Subsection I. I. Waiver to LDR Section 4.6.7(E)(7): Pursuant to LDR Section 4.6.7(E)(7), wall signs must face the dedicated street frontage. The applicant is asking for a waiver to allow the wall sign over the main entrance on the east elevation and facing the interior parking lot. Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Should the waiver to Section 4.6.7(E)(7) to allow a wall sign on the east elevation, not facing dedicated street frontage, be granted? Yes No 3. The City Commission has applied the LDR requirements in existence at the time the original site plan was submitted. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves denies the appeal and hereby adopts this Order this 24th day of February, 2014 by a vote of in favor and opposed. ATTEST: Chevelle Nubin City Clerk 2 Cary D. Glickstein, Mayor 4 > m O J Lli O t�A ca Q ca N ca N U bn N O ca _N N C6 W ca t�A O a t�A cr) N ca ca N N r-I O N r-I r-I m Q N O i Q Q i ca t�A O a t�A cr) 4-j O C2A 'n ca � Q N ca � N +� N O ca cn rl N rl U C6 _ l n pp .N Q m O O J NO N i � � Q � � Q ca t�A O a t�A cr) N ca O � t�A � ca Q r-I i r-I 'O O i N ate-+ N •� i f6 f6 N � U (o C6 t�A O N m � � a }, O V) ca _a N > Z = O U-) i Q ca Q O r- 0 N r-I O a--' N O bn N ca bA Q � Q O c O N � O Ln E N E U U t�A � cu O O m > ca N i w a..+ w U DUNAY .• MISKEL • 'r" BACKMAN BLATTNER Chase Barr Linton Boulevard & Federal Highway Waiver Request &,lusthfiication G'al y 5. Dollay Uonnicx Mvskr,f Scott FIdC,M,lrl:iil M]Ad K. FJL;.�Ilrurr 11wayrrr, t.. [hckrtr"Ml �:hl st +n: POollh Chase Bank, N.A. ( "Petitioner ") is developing a +/- 3,550 square foot bank building ('"Project ") at 1755 South Federal Highway ( "Property„) which is generally located on the northeast corner of Linton Boulevard and Federal Highway in the City of Delray Beach ("City"). The Project has been approved by the City and is currently In the construction phase. The property is zoned PC Planned Commercial District and the underlying land use is Commercial. The City's sign regulations define the number and location of signs for all proposed uses within a given zoning district. The City's sign regulations do not provide the necessary signage and visibility required for a local bank, such as Chase Bank, that relies heavily upon a localized customer base to ensure the viability of its local branches. Considering the current economic conditions in the South Florida region, proper signage and identification are vital to the Petitioner's. success. As such, the requested sign waivers are necessary to promote quality use. Granting the sign waiver to allow the proposed signage for the Project will allow customers to easily identify the Project, as well as its access paints upon approach from Federal Highway and Linton Boulevard, regardless of the direction of travel, as well as within the surrounding shopping center. Navigating through the shopping center surrounding the Project can be Incredibly challenging for individuals that are not familiar with its unique design. Aerials of the shopping center are attached hereto as Exhibit "A ". While a typical commercial center offers a linear building design with ample parking in front designed to facilitate vehicular movements with parallel rows and drive aisles which run from one end of the center to the other, such as the center on Federal Highway immediately across from the Property, the shopping center surrounding the Property is unique. The buildings within the shopping center are designed in the shape of the letter "F" with commercial spaces extended out into the main parking areas. This creates some difficulty navigating through the shopping center as vehicles cannot drive along the building fronts In a linear way to traverse the property and reach their destination, as is the case in a typical commercial center, nor can you see from one end of the center to the other due to the design of the buildings. While the parking rows may be parallel to one another, drive aisles do not extend north and south without requiring vehicular movements along and around rows of parking. This makes navigating through the shopping center difficult. In addition, the entrances are often difficult to locate, causing additional confusion for customers visiting the Project. While there is an entrance point in the middle of the shopping center off Federal Highway, this can only be accessed by traffic travelling north. Many patrons also miss this entrance and continue north to the main traffic light, where they will turn east to enter from the shopping center from the side street, as would south bound traffic. Further, east bound traffic must pass the plaza until they have the opportunity to first turn into a shared driveway to a senior's residence, before turning west again into the shopping center. This shared driveway is also the first opportunity for vehicles to enter the plaza when travelling west on Linton Boulevard. As such, 14 S.L. 4th Street, Suite 36, Brica Baton, FL 3343 Tel: 1561) 4U -" JOO Fax: 1561) 409 -2343 ;rxvw.clmbblaw.com many customers will enter the shopping center in a location far from their destination point. They will then be requhed to travel up and down rows of parking or along the building fronts extending out into the parking areas drive ,aisles do not for easy maneuvering north and south because of the building layout and parking aisle design. As even locating a destination paint can be difficult when in the shopping center, sufficient visibility and signage is necessary. As such, Petitioner is requesting a variance from the sign code. Not only will this optimize the Project's visibility, thereby encouraging business and increasing its opp oitunity to thrive, but it will aiso alleviate potential traffic flow and safety issues attributed to frustrated ated anal confused drivers who cannot locate their respective destination. Alternatively, the number and placement of signage based on the requirement in the City's code may not clearly identify the bank's location, requiring customers to haphazardly speculate a course of action while operating a vehicle and navigafiag through a busy intersection — essentially discouraging business and causing traffic and safety co€aceirlis. As such, the following sign waivers are necessitated for the Project; Waivu &M .Section 4.6. Z E 7 permitting n maximum of three f3j wall si ns not to earceed an ranareaote of 353 square feet in lieu a two ( diver"), The City's code permits one (1) wall sign facing each dedicated street frontage with an area of 15% of building face (max. of 12' height), not to exceed 160 square feet, as well as one (1) gall sign on the rear of the building with an area of nine (9) square feet. Based on the Citys code, Petitioner is permitted two wall signs, one on the west elevation fronting Federal Highway and one on the south elevation fronting Linton Boulevard_ Both these wall signs with street frontage will be +/ -57.61 square feet and are well within the area permitted based on the 15% of building face formula above. Petitioner proposes one additional +%- 36.84. square foot wall sign to be located over the main entrance of the bank to facilitate in directing patrons into the building. The three proposed wall signs in aggregate total +1- 152.05 square feet, while one sign of nearly that same size is otherwise permitted by code on the wrest facing facade. Wherefore, the total square footage forthe proposed wail sign in less than the permissible square footage for one sign on the west facade, The proposed wail sign, attached hereto as Exhibit 'B", will create better visibility of the bank to patrons entering the shopping center from every entrance. As shown In Exhibit "B ", the proposed signs will be proportional with each facade and provide an aesthetically pleasing appearance. The signs are compatible with the other businesses within the shopping center as well as competing businesses along Linton Boulevard and Federal Highway. In support of the proposed waiver, Petitioner will demonstrate that: (a) the Waiver will not adversely affect the neighboring area; (b) the Waiver will not significantly diminish the provision of public facilities; (c) the Wainer will not create an unsafe situation; and (d) the Waives will not result in the grant of a special privilege in that the sane waiver would be granted under similar circumstances on other property for another applicant or owner. (ra) The Waiver will riot adversely affect the neighboring area. The Waiver will not adversely affect the neighboring area. The Property is located along the heavily trafficked intersection between Linton Boulevard and Federal Highway. Each corner of the intersection is developed, or soon to be developed, with commercial buildings, many of which have signs much larger than those proposed by Petitioner. Rather than proposing the maximum permitted signage per street facing facade under the 15% formula, Petitioner is proposing three (3) much smaller signs, As such, they are proportional and create a more aesthetically-pleasing appearance that fits within the character of the surrounding commercial development. Further, similarly situated commercial tenants in adjacent properties have additional wall signs not located on a street facing facade in order to increase visibility within the shopping center. The Waiver will further benefit the adjacent shopping center as it will facilitate traffic and better direct customers to the entrance of the bark, alleviating potential traffic flow and safety issues attributed to confused drivers. As such, the Waiver will not adversely affect the neighboring area. (b) The Waiver will not significantly diminish the provision of public facilities. The Waiver will not significantly diminish the provision of public facilities. The additional signage will not have a significant impact on streets, potable water, sewage, stormvwater management, solid waste, schools, parks, emergency facilities or any other public facilities. (c) The Waiver will not create an unsafe situation. The Waiver will not create an unsafe situation. The Waiver will actually help facilitate traffic and safe vehicular movements by guiding vehicles within the shopping center and directing customers to the main entrance of the building. As the additional wall sign proposed will be located directly above the main entrance to the building, customers will be able to easily identify the bank from the various entrances to the Property and any Confusion as to the entrance or location of the building will be dissipated. The Waiver will prevent Confusion of customers haphazardly speculating a course of action while operating a vehicle and navigating through the intersection or within the shopping center. As such, the Waiver will not create an unsafe situation. (d) j The Waiver will not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. The Waiver will not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Similar waivers have previously been granted for similarly situated banks, retailers and other commercial development to create additional visibility within shopping centers. For example, multiple hanks at the intersection of Military Trail and Atlantic Avenue have recently been permitted wail signs on walls without street frontage. The shopping plaza directly across Federal Highway has also been afforded additional wall signs for some of its retailers and restaurants. Petitioner is only asking to construct signage that will allow their Property similar vKibility. This waiver request is entirely consistent with the signage in similar Properties w the n the area and the City as a whole. Further, as discussed above, the design of the shopping center surrounding the Property is unique and difficult to rravigate. Vehicles are not able to traverse the shopping center in a linear fashion along the building frontage or through the parking areas and customers cannot see from one end of the center to the other due to the design of buildings. Further, as the majority of customers entering the shopping :enter from the side street to the north or shared driveway near the southeast corner of the Property, customers will have difficulty locating their destination. As such, this Is not the case of a standard shopping canter where parking areas are easy to maneuver and customers can clearly see and traverse from one end of a shopping center to another. This is a special circumstance because of the unique design of the buildings and parking areas. As noted above, Petitioner is only requesting one additional sign to the number allowed in the Cade in orderto direct customers to the entrance of the building. As such, the Waiver will not result in the grant of a special privilege in that the sai" waiver would be, and has been, granted under similar circurtnstances on other property for another applicant or owner. Exhibit "A "t Exhffilt 'B"' �r LLJ tn C%l C') LLA..J V W_§ �§ V% �f �E Z § 2 E 0 � � \ � � � | # ■ # | a � K | � # | $§■ .� !§ ■ ' §� $}| �§m| �| 14 9� k�\ » ®) � $| 02 � k \, §| 52| ( qk� % � | % | e � § � ! 2 . § � §� � LU dt V) z J" CD LU Is O t4 �8tip iwa O t4 �8tip t fS r-2! 7 cn cr uj I k' I ITV m Ii i 7.1-M Vul .9 ;Rj YI td R 0 jl� 7.1-M Vul .9 ;Rj YI td R MEMORANDUM TO: Mayor and City Commissioners FROM: Scott Pape, AICP, FCP, Senior Planner Mark McDonnell, AICP, Interim Director of Planning and Zoning THROUGH: Louie Chapman, Jr., City Manager DATE: February 11, 2014 SUBJECT: AGENDA ITEM 9.C. - REGULAR COMMISSION MEETING OF FEBRUARY 24, 2014 WAIVER REQUEST AND TEMPORARY USE PERMIT/ DELRAY KIA ITEM BEFORE COMMISSION The action requested of the City Commission is consideration of a waiver request to expand the list of allowed temporary uses in LDR [Land Development Regulations] Section 2.4.6(F) and approve a temporary use permit to allow temporary storage of vehicles by Delray Kia at the former Ralph Buick Dealership (2501 South Federal Highway). BACKGROUND The Planning and Zoning Department has received a request from the property owner to store vehicles at the former Ralph Buick Dealership at 2501 South Federal Highway by the Delray Kia Dealership which is located at 2001 South Federal Highway. The property consists of Lots 12 through 33, Block 22; all of Block 23; Lots 1 through 10 and Lots 57 through 66, Block 35; Lots 12 through 33, Block 36; together with abandoned portions of Avenue "E" and Frederick Boulevard. The area of the property measures 6.28 acres and is zoned AC (Automotive Commercial). The property contains four buildings that were constructed between 1972 and 1992 and are currently in the process of being demolished. An automobile dealership was established in 1972 with the construction of the initial building. On October 24, 2013, the property owner was cited by the Code Enforcement Division for storing vehicles on the subject property for the Delray Kia Dealership which is located at 2001 South Federal Highway. Since the storage of vehicles is not allowed as a principal use in the AC zoning district and is not specifically identified in the list of allowable temporary uses provided in LDR Section 2.4.6(F), approval of a waiver is necessary to allow the use, and is now before the City Commission for consideration. WAIVER ANALYSIS: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a fording that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. The following is a verbatim excerpt from the applicant's narrative in support of the waiver: "...Ordinance 13 -98 amended the City's LDRs in 1998 to add Temporary Parking Lots as a use for which a Temporary Use Permit may be obtained. According to the City Staff memorandum which accompanied the ordinance at public hearing, dated March 12, 1998, the intent of the amendment was to address growing demand for parking downtown. Based upon the geographic area selected, it appears this concept was meant as a way to supplement parking demand during special events and other occasions where current off - street parking supply was lacking. This amendment was adopted before the construction of the City's parking garages. Notwithstanding, the requested waiver from the geographic limitations ofLDR Section 2.4.6(F) (3) (e) still meets the intent of the code, which is to provide temporary parking for primary uses which are otherwise compatible with the neighboring area. The Property in question is zoned AC /Automotive Commercial and has been utilized as an automobile dealership. It is now vacant and abandoned. The safety, security and aesthetic of the surrounding properties and neighboring area would be maintained if not improved by allowing the new vehicles to be temporarily parked on the site, as our client has a vested interest to ensure both the security of its inventory and to exclude persons not otherwise authorized to enter (and potentially loiter on) the Property, which is immediately west of the adjacent Tropic Isle neighborhood. Temporary parking of new vehicles on AC zoned properties is an inherent part of operating an automobile dealership and is, by design, compatible with the South Federal Highway corridor. Therefore will not adversely affect the neighboring area... " The applicant has compared the temporary storage of vehicles in the AC zoning district to temporary parking lots. The applicant correctly indicates that temporary parking lots were meant for special events that require additional parking above the minimum required for a particular use. The proposed storage of vehicles as a principle use is more associated with the conditional use in the MIC (Mixed Industrial and Commercial) zoning district [LDR Section 4.4.19(13)(2)(b)]. However, given the location of the property along a corridor containing numerous automotive dealerships, the off -site storage of vehicles is not a use foreign to the area, particularly if only for a determined period of time. The property is considerably deficient with respect to landscaping, particularly along Federal Highway, together with the north and south sides of the property. The buffer along the east side of the property consists of an 8 -foot high concrete wall and 20 -foot high trees. Further, the site lighting appears to be in disrepair. Thus, a condition of approval for the temporary use and waiver is that the perimeter landscaping be brought up to the approved landscape plan along the north, south, and west sides of the property. Further, the existing site lighting needs to be reviewed and certified by an Electrical Engineer that they are functioning. Finally, the property contains debris (used tires), roll -off dumpster, construction equipment, and graffiti on the building walls. A condition of approval is attached that the debris, dumpster skid, construction equipment, and graffiti be removed and painted over (or that all buildings be razed, which is in progress) and the property maintained in a clean and orderly manner. The applicant has requested that the duration of the temporary use be contingent on the approval of a site plan application to redevelop the property as an automobile dealership and construction of the improvements. It is not in the best interest of the City to approve an open -ended "temporary use" permit. It is recommended that a period of two years be provided, after which an extension request could be considered. If approved, the temporary use permit would be valid until February 24, 2016. Consequently, positive findings can be made with respect to LDR Section 2.4.7(B)(5), Waiver Findings subject to the conditions of approval. RECOMMENDATION By motion, approve the waiver to expand the list of temporary uses and approve a Temporary Use Permit to allow the storage of automobiles for a period not to exceed two lears at 2501 South Federal Highway, based on positive findings with respect to LDR Section 2.4.7(B)(5) and Section 30.15 of the City Code of Ordinances, subject to the following conditions: 1. That the landscaping and irrigation be brought up to the approved landscape plan along the north, south, and west sides of the property. 2. That the existing site lighting be reviewed and certified by an Electrical Engineer that they are functioning properly. 3. That the debris, roll -off dumpster, construction equipment, and graffiti be removed and painted over (or all buildings be razed, which is in progress), and the property maintained in a clean and orderly manner. 4. That the temporary use is valid for a period of two years with an expiration date of February 24, 2016. 5. That the temporary use is exclusive and limited to the storage of vehicles; commercial sales and/or service is prohibited at this location until such time as a dealership is approved and established. 2014. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST TO ALLOW DELRAY KIA TO TEMPORARILY USE 2501 SOUTH FEDERAL HIGHWAY FOR THE STORAGE OF AUTOMOBILES FOR A PERIOD OF TWO YEARS 1. This waiver request came before the City Commission on February 24, 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request to allow Delray Kia to temporarily use 2501 South Federal Highway for the storage of automobiles for a period of two years. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. WAIVERS: A. Pursuant to Section 30.15 "Waivers of City Ordinances" of the Code of Ordinances of the City of Delray Beach, the City Commission has the authority to waive or otherwise modify the written provisions of City's Code of Ordinances. The City's Land Development Regulations are incorporated into the City's Code of Ordinances pursuant to Section 151.01 "Land Development Regulations Adopted by Reference." Pursuant to LDR Section 2.4.6(F), the City Commission or the Chief Building Official may grant a temporary use permit for the following types of uses: • Circuses or Carnivals • Uses under a Tent • Sales Offices and Models at a Residential Development • Construction Trailers and Compounds • City Operated Seasonal Farmer's Market • Temporary Parking Lots • Horse Drawn Carriage Rides, Ice Skating Rink, Carousel, and Other Related Holiday, Seasonal/Temporary Uses 1 The applicant is asking for a waiver to modify the list of temporary uses to allow temporary storage of automobiles on South Federal Highway. This modification will expire February 24, 2016. Should the list of temporary uses in Section 2.4.6(F) be temporarily modified to allow for temporary storage of automobiles? ► r•7 B. Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. The applicant is asking for a waiver to modify the list of temporary uses to allow Delray Kia to temporarily use 2501 South Federal Highway for storage of automobiles for a period not to exceed two years, subject to the conditions attached in Exhibit "A ". Does the waiver request to allow Delray Kia to temporarily use 2501 S. Federal Highway for storage of automobiles for up to 2 years subject to the conditions attached in Exhibit "A" meet all the requirements of 2.4.7(8)(5)? ► C7 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 2 5. Based on the entire record before it, the City Commission approves denies this waiver request subject to the conditions listed in Exhibit "A ". 6. Based on the entire record before it, the City Commission hereby adopts this Order this 24th day of February 2014, by a vote of in favor and opposed. ATTEST: Chevelle Nubin, City Clerk 3 Cary D. Glickstein, Mayor Exhibit "A" 1. That the landscaping and irrigation be brought up to the approved landscape plan along the north, south, and west sides of the property. 2. That the existing site lighting be reviewed and certified by an Electrical Engineer that they are functioning properly. 3. That the debris, roll -off dumpster, construction equipment, and graffiti be removed and painted over, and the property maintained in a clean and orderly manner. 4. That the temporary use is valid for a period of two years with an expiration date of February 24, 2016. 5. That the temporary use is exclusive and limited to the storage of vehicles; commercial sales and /or service is prohibited at this location until such time as a dealership is approved and established. 12 Q c� ALLAMANDA DRIVE BANYAN DRIVE AVE. C W X CYPRESS _ a N ° z a O w J W DOGWOOD DRIVE O Z > FLAD ELL'S WAY ° TRANSPOR TA TIO < N LN' AVENUE G w m FE LA —MAT AVENUE z LA —MAT AVENUE p m GARDENIA I Y U W AVENUE H ° w W m 2 J HYACINTH DRIVE Q W D J W Q LL G_ H IVE GREEN DRIVE I -- DIGITAL BASE MAP SYSTEM -- MAP REF: S: \Planning & Zoning \DBMS \File— Cab \Z —LM 1001 - 1500 \LM1460_Delray Kia N SUBJECT PROPERTY D E L RAY K I A --Idmmr-- PLANNING AND ZONING DEPARTMENT Ewl TEMPORARY USE PERMIT -- DIGITAL BASE MAP SYSTEM -- MAP REF: S: \Planning & Zoning \DBMS \File— Cab \Z —LM 1001 - 1500 \LM1460_Delray Kia LA�'4"+v OFFICES R�WEINER�,(q�LYNNE NA & i 11OM SOl \, P.A. MICHAEL S. WEINER JEFFREY C. LYNNE LAURIE A. THoMPsON JUSTIN M.CLAUD November 15, 2013 VIA HAND DELIVERY Mr. Paul Dorling Director of Planning and Zoning City of Delray Beach 100 N. W. I st Avenue Delray Beach, Florida 33444 PROFESSIONAL ASSOCIATION 10 SE I- AVENUE, SUITE C DELRAY BEACH, FLORIDA 33444 TELEPHONE (561) 265 - 2666 FACSIMILE (561) 272 - 6$31 ,LYNNE @ZONELAW.COM W W W.ZONELAw.COM PROJECT: DELRAY KIA REQUEST: WAIVER - LOCATION REQUIREMENT Dear Paul: FOULED JV r 1 1 4 2013 Please accept this letter on behalf of our client, Florida MAG Enterprises, Inc. dba Delray Kia, as their written request for a Waiver pursuant to Section 2.4.7(B)(2) of the Delray Beach Land Development Regulations ( "LDRs "). Our client is requesting relief from LDR Section 2.4.6(F)(3)(e), which LDR section allows temporary parking lots via a Temporary Use Permit within certain geographic areas of the City. Our client is requesting a waiver from this geographical limitation, as further indicated in the accompanying Temporary Use Permit application. Our client is the recent purchaser of the vacant former Ralph Buick dealership, located at 2501 S. Federal Highway (the "Property "). Our client is preparing to submit a Class V Site Plan Application to redevelop the Property in order to relocate their existing Kia dealership at this location due to the success of their existing combined Mazda and Kia automobile dealership located at 2001 -2255 S. Federal Highway. The application for site plan approval will be submitted soon hereafter and is being designed to be compatible with the adjacent Tropic Isle neighborhood. In the interim, and in order to meet continuing demand, our client desires to store their new vehicles at the Property pending site plan approval for the redevelopment of the Ralph Buick site. The City's LDRs otherwise grant the City Commission the authority to approve temporary parking lots such as this via the Temporary Use Permit process. However, the LDRs limit such uses to a defined geographical area within the City. The Property is just outside this area. Therefore, our client is requesting a waiver from this geographical limitation, as further indicated in the Temporary Use Permit application. Delray Kia Waiver Request November 15, 2013 page 2 To support a waiver, LDR Section 2.4.7(B)(5) requires that the City make a finding that granting the waiver: (a) Shall not adversely affect the neighboring area; (n) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. We believe this request meets all of these standards, as more fully explained below. A. Approval of the waiver will not adversely affect the neiahboring area. Ordinance 13 -98 amended the City's LDRs in 1998 to add Temporary Parking Lots as a use for which a Temporary Use Permit may be obtained. According to the City Staff memorandum which accompanied the ordinance at public hearing, dated March 12, 1998, the intent of the amendment was to address growing demand for parking downtown. Based upon the geographic area selected, it appears this concept was meant as a way to supplement parking demand during special events and other occasions where current oft - street parking supply was lacking. This amendment was adopted before the construction of the City's parking garages. Notwithstanding, the requested waiver from the geographic limitations of LDR Section 2.4.6(F)(3)(e) still meets the intent of the code, which is to provide temporary parking for primary uses which are otherwise compatible with the neighboring area. The Property in question is zoned AC /Automotive Commercial and has been utilized as an automobile dealership. It is now vacant and abandoned. The safety, security and aesthetic of the surrounding properties and neighboring area would be maintained if not improved by allowing the new vehicles to be temporarily parked on the site, as our client has a vested interest to ensure both the security of its inventory and to exclude persons not otherwise authorized to enter (and potentially loiter on) the Property, which is immediately west of the adjacent Tropic Isle neighborhood. Temporary parking of new vehicles on AC zoned properties is an inherent part of operating an automobile dealership and is, by design, compatible with the South Federal Highway corridor. Therefore will not adversely affect the neighboring area. B. Approval of the waiver will not significantly diminish the provision of public facilities. Public facilities are not impacted by this requested waiver. C. Approval-of the waiver will not create an unsafe situation. As stated above, it is our belief that by creating the appearance of an "occupied" site, which is otherwise dark and vacant, creates a safer and more secure environment for the entire neighborhood. Rather than creating an unsafe situation, granting the waiver to allow the temporary parking of vehicles at this location would seem to increase the overall security of the corridor. OAMEM00031Locatiou Waiver.Docx Delray Kia Waiver Request November 15, 2013 Page 3 1). Approval of the waiver will not result in the grant of a special privilege in that the same waiver has been granted under similar circumstances on other property for other applicants or owners. Temporary Use Permits are routinely granted under similar circumstances on other properties for other applicants or owners. Though difficult to search all of the City's records for specific instances of waivers of the locational requirement for Temporary Parking Lots, it does appear that the City had granted a Temporary Use Permit for the temporary parking of six (6) camping trailers located on the Trinity Lutheran Church property for approximately 5 -6 months (if not longer), which property appears to be outside of the designated geographic area pursuant to the map accompanying Ordinance 13 -98, While Trinity Lutheran is otherwise surrounded by residential properties, the Property subject to this request is surrounded by automotive commercial uses and is adjacent to a federal highway, making this request reasonable as the requested location is compatible with all surrounding uses. Our client therefore is not seeking any special privilege not afforded to other similarly situated properties in the City. Each such property has unique circumstances which the City Commission is authorized to weigh when determining the appropriateness of a waiver. Our client is willing to condition approval of the waiver, and the accompanying Temporary Use Permit, upon the diligent processing by our client of site plan approval and redevelopment of the Property itself. Thus, we respectfully request that a positive finding be made with respect to LDR Section 2.4.7(B)(5), Waiver findings, based upon the justifications set forth herein and the this waiver be approved. This letter is accompanying the request for Temporary Use Permit. The fee for this Waiver request in the amount of $280.00 is enclosed. If you should need any additional information, please do not hesitate to contact me. 0AMEMOOOK ,ocation 'Waiver.Docx LAW OITICES WEINER, LYNNE Q� THOMPSON, P.A. MICHAEL S. WEINER JEFFREY C. LYNNE LAURIE A. THOMPS ON JUSTIN M. CLAUD November 15, 2013 VIA HAND DELIVERY Mr, Paul Dorling Director of Planning and Zoning City of Delray Beach 100 NW 1St Avenue Delray Beach, Florida 33444 ATTORNEYS AT LAW 10 SE 1" AVENUE, SUrIT C DELRAY BEACH, FLORIDA 33444 PROJECT: DELRAY KIA REQUEST: TEMPORARY USE PERMIT Dear Paul: TELEPHONE (561) 265 - 2666 FACSIMILE (561) 272 - 6831 JLYNNE@ZONELAW.COM WWW.ZONELAW.COM N =OV 14 2 013 PLANNING & ZONING, Please accept this letter on behalf of our client, Florida MAG Enterprises, Inc. dba Delray Kia, as their written request for a Temporary Use Permit for a Temporary Parking Lot as permitted by Section 2.4.6(F)(3)(e) of the City's Land Development Regulations ( "LDRs "). Our client is the recent purchaser of the vacant former Ralph Buick dealership, located at 2501 S. Federal Highway (tile "Property "). Our client is preparing to submit a Class V Site Plan Application to redevelop the Property in order to relocate their existing Kia dealership at this location due to the success of their existing combined Mazda and Kia automobile dealership located at 2001 -2255 S. Federal Highway. The application for site plan approval will be submitted soon hereafter and is being designed to be compatible with the adjacent Tropic Isle neighborhood. In the interim, and in order to meet continuing demand, our client desires to store their new vehicles at the Property pending site plan approval for the redevelopment of the Ralph Buick site. To support a Temporary Use Permit, LDR Section 2.4.6(F)(2) requires that a request for a Temporary Use Permit shall contain specific information, which is set forth below: (a) Name of petitioner: The name of the petitioner is Florida MAG Enterprises, Inc. dba Delray Kia. (b) Name of property owner and consent therefrom: The property owner is Florida MAG Enterprises, Inc. (c) Location of site: The site is located at 2501 S. Federal Highway, Delray.Beach (the "Property "). Paul Dorling, AICP November 15, 2413 Page 2 (d) Purpose, activity to be conducted: The parking of new Kia vehicles associated with the redevelopment of the property into the new Delray Kia dealership. (e) Period of use: Our client purchased the property from the former owner, Delray Imports II, Inc., relatively recently, on 10/23113. Since that time, they have been in the process of engaging design professionals to prepare the Class V Site Plan Application for the new Delray Kia. We have been advised that they anticipate having the plans completed for submittal in 2 -3 months. Pursuant to LDR Section 2.4.6(F)(e)5, "[p]ermits for temporary parking lots shall be issued for a one -year period." The anticipated period of use is dependent upon obtaining final site plan approval from SPRAB and the completion of construction. Our client is anxious to complete the redevelopment as expeditiously as possible in order to provide a positive car buying experience for their patrons and to meet the continuing demand for Kia vehicles. (f) Proof of ability to connect temporary electric services: There is existing electric service at the property and appropriate site lighting as approved by the City. (g) Proof of _ a_bility to provide toilet facilities for both men and women on the premises, subject to approval of the County Health Department: It will not be necessary to provide toilet facilities for this temporary use since the only activity at the Property will be the temporary parking of cars. (h) How foodstuffs are to be handled: No foodstuffs will be handled for this temporary use. Enclosed please find the processing fee for the Temporary Use Permit application in the amount of $150.00. Accompanying this letter is a request for a Waiver from the locational requirements for Temporary Parking Lots pursuant to LDR Section 2.4.6(F)(7). If you should need any additional information, please do not hesitate to contact me. OAMEM00031Letter Re Delray Kia Temporary Use Permit.Docx YS (� %' -�; " r� '� �� O � i � �� ,. '�: ` -- ` -: . f `� _' +[pg� � � ; = �i � s [ ^' i J iy�s I iP wS � G' l4 ° f J alb � 1 II �f 1 �g w I , C.. A� ig rx II i. J4i ri -JAL- MEMORANDUM TO: Mayor and City Commissioners FROM: CANDI N. JEFFERSON, SENIOR PLANNER MARK MCDONNELL, AICP, INTERIM DIRECTOR OF PLANNING & ZONING THROUGH: LOUIE CHAPMAN, JR., CITY MANAGER DATE: February 12, 2014 SUBJECT: AGENDA ITEM 9.D. - REGULAR COMMISSION MEETING OF FEBRUARY 24, 2014 CONDITIONAL USE REOUEST /SOFA DISTRICT OFFICES AND LOFTS ITEM BEFORE COMMISSION The item before Commission is consideration of a conditional use request to allow a density in excess of 30 dwelling units (67.6 dwelling units per acre proposed) for Sofa District Offices and Lofts located on the east side of SE 1 st Avenue, south of SE 1 st Street at 111 SE 1 st Avenue in the Central Business District (CBD), pursuant to LDR Section 4.4.13(D)(12). BACKGROUND The development proposal encompasses 1.431 acres which combines two (2) separate parcels in a proposed mixed -use development with shared parking. Parcel 1 (Sofa District Lofts) is 1.124 acres on which a five (5) story mixed -use building is proposed with seventy -six (76) residential units on the upper four (4) levels and a parking garage on the ground floor along with 2,250 sq. ft. of retail use fronting on SE 1st Avenue. Parcel 1 is located on the east side of SE 1st Avenue, just south of the Boueri Mixed -Use Building. One hundred fifty -eight (158) parking spaces will be constructed on -site which will meet the needs of the proposed 76 residents, their guests and retail patrons. Parcel 2 (Sofa District Offices) is 0.307 acres on which a four (4) story mixed -use building with 15,495 sq. ft. of "Class A" office space on the 2nd and 3rd levels, and a parking garage on the ground floor along with 1,600 sq. ft. of retail use within two (2) bays fronting on SE 1 st Street. The fourth floor will contain a 234 sq. ft. pavilion and 2,667 sq. ft. amenity deck on the roof terrace level. Nineteen (19) parking spaces will be constructed on -site, whereas a minimum of sixty -seven (67) spaces are required. The Sofa District Offices and Lofts mixed -used development will utilize the shared parking table to accommodate the additional spaces needed for the office parcel that are provided on the Lofts site. Both sites are currently comprised of vacant /undeveloped land. The subject site (Sofa District Lofts) contains 1.124 acres on which 76 units are proposed for a density of 67.6 units per acre, whereas a maximum of thirty (30) units per acre is allowed by right. Density in excess of 30 units per acre is permitted with conditional use approval. REVIEW BY OTHERS At its meeting of January 27, 2014, the Planning and Zoning Board held a public hearing in conjunction with the conditional use request to allow the increased density. Presentations were made by staff and the applicant. There was testimony presented from the public in support of the project. The Board had discussions regarding the appropriateness of conditional use request for an increased density on the property without the provision of substantial retail space on the ground floor. The Board recommended, and the applicant agreed, to allow for the proposed 1,422 sq. ft. fitness center presented as an amenity to the residents to also be available for membership purchase by the general public. The applicant further offered to the Planning & Zoning Board that the list of required waivers could be significantly reduced by eliminating the need for some of them (i.e. items g., h., and i. as indicated in the conditional use approval motion that pertain to balcony encroachment, landscape buffers and upper story setbacks). After some deliberation, the Board moved a recommendation of approval for the conditional use request to allow a density of 67.6 units per acre on a vote of 6 -1 (Christopher Davey dissented), by adopting the fmdings of fact and law contained in the staff report. Additional background information and full analysis of the proposal can be found in the attached Planning and Zoning Board staff report dated January 27, 2014. RECOMMENDATION Move approval of the conditional use request to allow for a density in excess of 30 units per acres (i.e. 67.6 units per acre proposed) for Sofa District Offices and Lofts, by adopting the findings of fact and law contained in the staff report, and fmding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(E)(5), 4.4.130 (Performance Standards), and Chapter 3 of the Land Development Regulations, subject to the following conditions: 1. That the applicant submit an application for Class V Site Plan Approval which at a minimum addresses the following issues initially identified in the attached Planning and Zoning Board staff report: a. A contribution of approximately one -half the cost of a bus shelter must be paid prior to certification of the site plan for the development for the Sofa District Offices site. b. The amenity deck should be designed to minimize the transmission of noise into the surrounding area. C. Amplified music will not be permitted on the amenity deck areas. d. A note shall be placed on the site plan to indicate nine and one -half feet (9.5') of height in the parking garage to allow the access of handicap vans. e. A waiver to LDR Section 4.6.18.B.14.iv.2., whereas the minimum transparency or glass surface area on the ground floor wall area of all non - residential buildings shall be a minimum of 75% of the wall area for that elevation. The site data chart indicates that the percent of proposed transparent or glass surface area provided on the ground level is 57.87% along SE 1 st Ave. f. A waiver to LDR Section 4.4.13.F.4.c.2., whereas the floor area for each floor contained within the portion of the structure that is 25' to 48' in height shall not exceed (seventy percent) 70% of the floor area contained within the allowable ground level footprint. The 3rd, 4th and 5th levels fall within this height range. One hundred eighty -seven (187 %) is proposed, whereas seventy percent (70 %) is the maximum. g. A waiver to LDR Section 4.4.13(F)(8), whereas balconies, loggias, trellises and roof eaves may encroach into the required setback area up to a maximum of four feet (4'). Five foot (5') balconies appear to encroach into the rear setback area along the alley on all upper floors. h. A waiver to LDR Section 4.6.16(H)(3)(d), whereas a five foot (5') landscaped buffer shall be provided between the off - street parking area or other vehicular use area and abutting property. No landscaping is provided on the ground level to separate the ground floor bicycle storage area and the twenty -four foot (24') wide two -way driveway access ramp to the upper level parking garage along the west property line. Thus, a zero foot (0') landscape buffer is proposed. i. A waiver to LDR Section 4.4.13.F.4.c.2., whereas upper levels between 25 and 48 feet in height must be setback a minimum of 15 feet for 70% of the building frontage. Seventy percent (70 %) , which equates to 267.75 feet, must be setback 15 feet, whereas only 57.5 feet is proposed (15 %), a reduction of 55 %. The third floor measures between a height of 19' -6" and 29 feet. j. A waiver to LDR Section 4.6.18(13)(14)(vi)(4)(b), whereas fifty percent (50 %) of the garage portion of the building on the ground level to be dedicated to use for retail, office, entertainment or other non - residential uses is required. The applicant is proposing five percent (5 %) of the ground level to be dedicated for retail, office, entertainment or other non - residential uses. If the fitness center is open to membership by the public, the percentage rises to nine percent (9 %), but will still necessitate a waiver. k. Five (5) additional parking spaces are required to support the recreational amenity deck and pavilion on the 4th floor of the Sofa District Offices building. 1. Provision of a minimum 12' x 30' loading space shall be provided off of the existing 16' alley in the rear with convenient access to a service elevator serving all five (5) floors. m. Sight visibility triangles are correctly drawn along the alley and SE 1St Avenue which meet the minimum dimensional and visibility requirements between 3' and 6'. n. A waiver to LDR Section 4.4.13.F.1.C. to reduce the ground floor ceiling height from ten feet (10') to nine feet (9'). Nine feet (9') has been proposed on all levels of the Sofa District Lofts building. o. Condition #2 as proposed by S.A.F.E. (Safety As Floridians Expect) from the Chairman, James "Jim" Smith dated January 27, 2014 which reads "Provide a minimum of twenty (20) secured bicycle spaces in the Loft Building and ten (10) secured bicycle spaces in the Office Building." p. Condition #3 as proposed by S.A.F.E. (Safety As Floridians Expect) from the Chairman, James "Jim" Smith dated January 27, 2014 which reads "Construct a shower /changing room in the Office Building." q. Condition #4 as proposed by S.A.F.E. (Safety As Floridians Expect) from the Chairman, James "Jim" Smith dated January 27, 2014 which reads "Provide lockers for bicyclists and joggers in the Office Building." r. Condition #5 as proposed by S.A.F.E. (Safety As Floridians Expect) from the Chairman, James "Jim" Smith dated January 27, 2014 which reads "Install an automatic door for the Loft & Office Buildings' bicycle storage rooms for ease of entry /exit." S. Condition #6 as proposed by S.A.F.E. (Safety As Floridians Expect) from the Chairman, James "Jim" Smith dated January 27, 2014 which reads "Purchase and maintain an electrical vehicle (street - legal golf cart or similar vehicle) to provide local transportation for residents within the Loft Building for shopping and other local use within downtown Delray Beach on a first come, first served basis." t. Condition #8 as proposed by S.A.F.E. (Safety As Floridians Expect) from the Chairman, James "Jim" Smith dated January 27, 2014 which reads "Provide the following info at each calendar year to SAFE and/or the City of Delray Beach until all of the units have been sold by the developer: a) The number of combined Retail or Office, and Loft purchases, b) The number of stored bicycles and, c) The number of times EV was used during each calendar year." U. The proposed 1,422 sq. ft. fitness center presented as an amenity to the residents must be available for membership purchase by the general public. Adjust shared parking requirements accordingly and modify plans as needed to demonstrate compliance. 2. Verification from the Palm Beach County School District that the project will meet school concurrency. 3. Evenly distribute the Workforce Housing (WFH) units on various floors and in various locations throughout the Sofa District Lofts building and assure that each different type of unit is offered on -site. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA CONDITIONAL USE MODIFICATION REQUEST FOR SOFA DISTRICT OFFICES AND LOFTS ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This conditional use request to increase the residential density of the project to 67.6 dwelling units per acre for the SOFA District Offices and Lofts, located on the east side of SE 1 st Avenue, south of SE 1St Street at 111 SE 1St Avenue, has come before the City Commission on February 24, 2014 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the conditional use request for the SOFA District Offices and Lofts. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsections I and II. I. COMPREHENSIVE PLAN a. Comprehensive Plan - Future Land Use Element Objective A -1: This objective requires that the property shall be developed or redeveloped as it pertains to height, in a manner so that the future use and intensity is appropriate in terms of soil, topographic, and other applicable physical considerations, is complementary to adjacent land uses, and fulfills remaining land use needs. Is this objective met? Yes No b. Future Land Use Map: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. The subject property has a Future Land Use Map designation of Commercial Core and is zoned Central Business District. Future Land Use - Is project's proposed location consistent with the Future Land Use Map? Yes No C. 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. Concurrency as defined pursuant to Objective B -2 of the Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and /or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Are the concurrency requirements met as respect to water, sewer, drainage, streets and traffic, parks, open space, solid waste and schools? Yes No d. Consistency: Will the granting of the conditional use be consistent with and further the goals and policies of the Comprehensive Plan? Yes No II. LDR REQUIREMENTS: a. LDR Section 2.4.5(E) Required Findings: (Conditional Use): Pursuant to Section 2.4.5(E)(5), in addition to provisions of Chapter 3, the conditional use will not: 1. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; 2. Hinder development or redevelopment of nearby properties. 2 Will Section 2.4.5(E)(5) be met? Yes No b. Increase in Density. Pursuant to LDR Section 4.4.13(1), an increase in density greater than 30 dwelling units per acre may be approved by the City Commission as a conditional use for property within the Central Core portion of the CBD, provided that 20% of the residential units above 30 dwelling units per acre in the commercial core shall be workforce housing units. The workforce housing units shall be divided between low and moderate income levels and shall be provided either onsite, offsite or through a monetary contribution. 1. The applicable performance standards for development under this section are met as follows: (a) The development offers variation in design to add interest to the elevations and relief from the building mass. (b) If the building includes a parking garage as an associated structure or within the principal building, the garage elevation provides unified design elements with the main building through the use of similar building materials and color, vertical and horizontal elements, and architectural style. (c) A number of different unit types, sizes, and floor plans are available within the development. Two and three bedroom units are encouraged, as are a combination of multi -level units and flats. In projects consisting of more than twelve (12) dwelling units, the proportion of efficiency or studio type units may not exceed 25% of the total units. (d) The project design shall create an overall unified architectural character and image by the use of common elements between the building(s), parking lot, and landscaping. (e) The development provides common areas and /or amenities for residents such as swimming pools, exercise rooms, storage rooms or lockers, covered parking, gardens, courtyards or similar areas and /or amenities. (f) The development promotes pedestrian movements by providing convenient access from the residential units to the public sidewalk system. (g) The development provides opportunities to share parking, accessways, driveways, etc., with adjoining properties, or provides additional parking spaces that may be used by the public. (h) Projects fronting on Atlantic Avenue, NW /SW 5t" Avenue, NE 1St Street or SE 1St Street contain nonresidential uses on the ground floor. At least 75% of the surface area of the front street wall(s) at the ground floor area of each such building is devoted to display windows and to entrances to commercial uses from outside the building. (i) The landscape plan for the development preserves and incorporates existing native vegetation (where available), provides new landscaping that is in excess of minimum standards (in height and quantity), demonstrates innovative use of plant material, improves site design, provides useable open space or public plazas, and maximizes available areas for pedestrian interaction. Are these requirements met? Yes No 3. The comments and notes set forth in the staff report are hereby incorporated herein. 4. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the conditional use request was submitted. 5. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. M 6. Based on the entire record before it, the City Commission approves denies the conditional use request set forth above subject to the conditions set forth in Exhibit A, attached hereto and made a part hereof, and hereby adopts this order this 24th day of February, 2014, by a vote of in favor of approval and opposed. Cary D. Glickstein, Mayor ATTEST: Chevelle Nubin City Clerk EXHIBIT A TO THE CONDITIONAL USE MODIFICATION REQUEST FOR SOFA DISTRICT OFFICES AND LOFTS 1. That the applicant submit an application for Class V Site Plan Approval which at a minimum addresses the following issues recommended by the Planning & Zoning Board on January 27, 2014: a. A contribution of approximately one -half the cost of a bus shelter must be paid prior to certification of the site plan for the development for the Sofa District Offices site. b. The amenity deck should be designed to minimize the transmission of noise into the surrounding area. c. Amplified music will not be permitted on the amenity deck areas. d. A note shall be placed on the site plan to indicate nine and one -half feet (95) of height in the parking garage to allow the access of handicap vans. e. A waiver to LDR Section 4.6.18. B. 14.iv.2., whereas the minimum transparency or glass surface area on the ground floor wall area of all non - residential buildings shall be a minimum of 75% of the wall area for that elevation. The site data chart indicates that the percent of proposed transparent or glass surface area provided on the ground level is 57.87% along SE 1St Ave. f. A waiver to LDR Section 4.4.13.F.4.c.2., whereas the floor area for each floor contained within the portion of the structure that is 25' to 48' in height shall not exceed (seventy percent) 70% of the floor area contained within the allowable ground level footprint. The 3rd 4t" and 5t" levels fall within this height range. One hundred eighty -seven (187 %) is proposed, whereas seventy percent (70 %) is the maximum. g. A waiver to LDR Section 4.4.13(F)(8), whereas balconies, loggias, trellises and roof eaves may encroach into the required setback area up to a maximum of four feet (4'). Five foot (5) balconies appear to encroach into the rear setback area along the alley on all upper floors. h. A waiver to LDR Section 4.6.16(H)(3)(d), whereas a five foot (5) landscaped buffer shall be provided between the off - street parking area or other vehicular use area and abutting property. No landscaping is provided on the ground level to separate the ground floor bicycle storage area and the twenty -four foot (24') wide two -way driveway access ramp to the upper level parking garage along the west property line. Thus, a zero foot (0') landscape buffer is proposed. i. A waiver to LDR Section 4.4.13.F.4.c.2., whereas upper levels between 25 and 48 feet in height must be setback a minimum of 15 feet for 70% of the building frontage. Seventy percent (70 %) , which equates to 267.75 feet, must be setback 15 feet, whereas only 57.5 feet is proposed (15 %), a reduction of 55 %. The third floor measures between a height of 19' -6" and 29 feet. A waiver to LDR Section 4.6.18(B)(14)(vi)(4)(b), whereas fifty percent (50 %) of the garage portion of the building on the ground level to be dedicated to use for retail, office, entertainment or other non - residential uses is required. The applicant is proposing five percent (5 %) of the ground level to be dedicated for retail, office, entertainment or other non - residential uses. If the fitness center is open to membership by the public, the percentage rises to nine percent (9 %), but will still necessitate a waiver. k. Five (5) additional parking spaces are required to support the recreational amenity deck and pavilion on the 4t" floor of the Sofa District Offices building. I. Provision of a minimum 12' x 30' loading space shall be provided off of the existing 16' alley in the rear with convenient access to a service elevator serving all five (5) floors. m. Sight visibility triangles are correctly drawn along the alley and SE 1St Avenue which meet the minimum dimensional and visibility requirements between 3' and 6'. n. A waiver to LDR Section 4.4.13.F.1.C. to reduce the ground floor ceiling height from ten feet (10') to nine feet (9'). Nine feet (9') has been proposed on all levels of the Sofa District Lofts building. o. Condition #2 as proposed by S.A.F.E. (Safety As Floridians Expect) from the Chairman, James "Jim" Smith dated January 27, 2014 which reads "Provide a minimum of twenty (20) secured bicycle spaces in the Loft Building and ten (10) secured bicycle spaces in the Office Building." p. Condition #3 as proposed by S.A.F.E. (Safety As Floridians Expect) from the Chairman, James "Jim" Smith dated January 27, 2014 which reads "Construct a shower /changing room in the Office Building." q. Condition #4 as proposed by S.A.F.E. (Safety As Floridians Expect) from the Chairman, James "Jim" Smith dated January 27, 2014 which reads "Provide lockers for bicyclists and joggers in the Office Building." r. Condition #5 as proposed by S.A.F.E. (Safety As Floridians Expect) from the Chairman, James "Jim" Smith dated January 27, 2014 which reads "Install an automatic door for the Loft & Office Buildings' bicycle storage rooms for ease of entry/exit." s. Condition #6 as proposed by S.A.F.E. (Safety As Floridians Expect) from the Chairman, James "Jim" Smith dated January 27, 2014 which reads "Purchase and maintain an electrical vehicle (street -legal golf cart or similar vehicle) to provide local transportation for residents within the Loft Building for shopping and other local use within downtown Delray Beach on a first come, first served basis." t. Condition #8 as proposed by S.A.F.E. (Safety As Floridians Expect) from the Chairman, James "Jim" Smith dated January 27, 2014 which reads "Provide the following info at each calendar year to SAFE and /or the City of Delray Beach until all of the units have been sold by the developer: a) The number of combined Retail or Office, and Loft purchases, b) The number of stored bicycles and, c) The number of times EV was used during each calendar year." u. The proposed 1,422 sq. ft. fitness center presented as an amenity to the residents must be available for membership purchase by the general public. Adjust shared parking requirements accordingly and modify plans as needed to demonstrate compliance. 2. Verification from the Palm Beach County School District that the project will meet school concurrency. 3. Evenly distribute the Workforce Housing (WFH) units on various floors and in various locations throughout the Sofa District Lofts building and assure that each different type of unit is offered on -site. PLANNING AND ZONING BOARD CITY OF DELRAY BEACH --- STAFF REPORT- MEETING DATE: January 27, 2014 ITEM: Conditional Use request to allow a density in excess of 30 Units Per Acre (67.6 dulac Proposed) within the Central Business District (CBD) to construct a 76 -unit multi - family residential development on a 1.124 acre site with for Sofa District Offices and Lofts, a proposed mixed -use development using two (2) properties, which includes a 32,092 sq. ft. retail /office building on the northeast corner of SE 15t Street and SE 1St Avenue, and a 98,415 sq. ft. commercial/residential building to the south of SE 15t Street, utilizing shared parking. GENERAL DATA: Agent....... Richard Jones Architecture, Inc. Applicants /Owners ................... Location .. ............................... _ .. Property Size ............................. Existing FLUM .................... _ Proposed FLUM ...................... Existing Zoning ....................... Proposed FLUM ...................... Adjacent Zoning ............. North SW Delray One LLC (Lofts) & J & M Holdings and Investments, Inc. (Offices) On the east side of SE 1St Avenue, north and south of SE 1St Street 1.124 acres (Lofts Only) Central Core (CC) No Change Central Business District (CBD) No Change Central Business District (CBD) South: Central Business District (CBD) East: Central Business District (CBD) West: OSSHAD (Old School Square Historic Arts District) Existing Land Use ...................... Vacant/Undeveloped Land Proposed Land Use ................... Commercial /Offices (North) & Commercial /Residential (South) Water Service ............................ Via Service Lateral Connection to an Existing 8" Water Main Located within the SE 1St Avenue Right -of- Way Sewer Service ............................ Via Service Lateral Connection to an Existing 8" Sanitary Sewer Main Located within the Adjacent Alley to the East The subject property consists of Lots 2 -6, Block 78, Town of Linton Plat and is approximately 1.124 acres. The property is located on the east side of SE Vt Avenue, approximately 765 south of SE Vt Street. The parcel has a Future Land Use Map (FLUM) designation of Central Core (CC) and is zoned Central Business District (CBD). The site is currently vacant. Prior Actions: At its meeting of January 24, 2005, the Planning and Zoning Board held a public hearing in conjunction with two (2) conditional use requests associated with a 46 -unit residential development known at the time as First Avenue Townhomes. The conditional uses associated with the development proposal, later known as Miraflores, were to allow the rear building within the development to exceed the maximum building height of 48' (58' -4 ") and to allow a density in excess of 30 dwelling units per acre (38.8 du/ac). The Board moved recommendations of approval for both conditional use requests, subject to conditions. At its meeting of February 11, 2005, the Site Plan Review and Appearance Board approved the Class V Site Plan, Architectural Elevations and Landscape Plan associated with the Miraflores project. At its meeting of February 15, 2005, the City Commission approved the conditional use requests for building height (58' -4") and density (38.8 du/ac) for the Miraflores, subject to the conditions. At its meeting of June 6, 2006, the City Commission approved the Final Plat associated with the Miraflores development proposal. Consequently, Miraflores was never constructed and the approved conditional use and the associated site plan have since expired. At its meeting of February 22, 2012, the Site Plan Review and Appearance Board (SPRAB) approved the Class V Site Plan associated with the Saxena White Corporate Offices consisting of a proposed three -story commercial building with a rooftop pavilion, green roof garden area and a main lobby that opens to all three floors. The approved Class V Site Plan will expire on February 22, 2014. On March 6, 2012, the City Commission approved Resolution No. 12 -12 to abandon a ten foot (10') drainage easement previously associated with the "Miraflores at Delray" plat recorded in Plat Book 108, Pages 184 -185 of the public records of Palm Beach County. On March 20, 2012, the City Commission approved a landscape maintenance agreement with SW Delray One, LLC to allow the future location of landscape materials within the public right - of -way along SE 15t Avenue. Planning and Zoning Board Staff Report: Meeting of January 27, 2014 Conditional Use Request for Sofa District Offices and Lofts On April 3, 2012, the City Commission approved five (5) waivers associated with the Saxena White Offices Class V Site Plan approval. Current Proposal: Now before the Board for consideration is a conditional use application to exceed a density of 30 dwelling units per acre to construct a 76 -unit multi- family residential development on the combined 1.124 acre site. The proposed density of 67.6 units per acre exceeds the maximum thirty (30) units per acre allowed as a permitted use in the Central Core area of the Central Business District (CBD). PROJECT DESCRIPTION;, The development proposal incorporates the following: Lofts: (South Parcel) ❑ Construction of a seventy -six (76) unit, five (5) story mixed -use residential /retail building ❑ Provision of 2,250 sq. ft. of retail space on the ground floor fronting on SE 1 St Avenue ❑ Provision of a 1,422 sq. ft. fitness center for residents on the ground level ❑ Provision of a swimming pool, fire pit, cabanas and courtyards on the third level ❑ Provision of a club room on the fifth level • Spiral staircases at corners of building leading to a rooftop terrace level • Construction of ninety -two (92) parking spaces on a ground level and sixty -six (66) parking spaces on a partial second floor garage for a total of one hundred fifty -eight (158) spaces ❑ Installation of an eight foot (8') wide concrete sidewalk along SE 1St Avenue ❑ Installation of associated on -site landscaping and landscape nodes in the adjacent rights -of- way. Offices: (North Parcel) ❑ Construction of a four (4) story mixed -use officefretail building • Provision of two (2) retail bays totaling 1,600 sq. ft. on the ground floor fronting on SE 1St Street • Provision of 15,495 sq. ft. of "Class A" office space on three (3) levels ❑ Provision of a 234 sq. ft. pavilion and 2,667 sq. ft. amenity deck on the fourth floor roof /terrace level ❑ Installation of an eight foot (8') wide concrete sidewalk along SE 1St Avenue and SE 1St Street ❑ Installation of associated on -site landscaping and landscape nodes in the adjacent rights -of- way 2 Planning and Zoning Board Staff Report: Meeting of January 27, 2014 Conditional Use Request for Sofa District Offices and Lofts Cl Construction of nineteen (19) covered surface parking spaces © Shared parking with the Sofa District Lofts site to allow shared use of an additional forty - eight (48) spaces, whereas sixty -seven (67) spaces would normally be required on -site Based on the review of the preliminary site plan submitted for the Sofa District Lofts, the development proposal would also require the following seven (7) waiver requests: A waiver to LDR Section 4.4.13.F.1.C. to reduce the ground floor ceiling height from ten feet (10') to nine feet (9'). Nine feet (9') has been proposed on all levels of the Sofa District Lofts building. 2. A waiver to LDR Section 4.6.18.6.14.iv.2., whereas the minimum transparency or glass surface area on the ground floor wall area of all non - residential buildings shall be a minimum of 75% of the wall area for that elevation. The site data chart indicates that the percent of proposed transparent or glass surface area provided on the ground level is 57.87% along SE Vt Ave. 3. A waiver to LDR Section 4.4.13.F.4.c.2., the floor area for each floor contained within the portion of the structure that is 25' to 48' in height shall not exceed (seventy percent) 70% of the floor area contained within the allowable ground level footprint. The 3rd 4th and 5th levels fall within this height range. One hundred eighty -seven (187 %) is proposed, whereas seventy percent (70 %) is the maximum. 4. A waiver to LDR Section 4.4.13(F)(8), balconies, loggias, trellises and roof eaves may encroach into the required setback area up to a maximum of four feet (4'). Five foot (5') balconies appear to encroach into the rear setback area along the alley on all upper floors. 5. A waiver to LDR Section 4.6.16(H)(3)(d), a five foot (5) landscaped buffer shall be provided between the off - street parking area or other vehicular use area and abutting property. No landscaping is provided on the ground level to separate the ground floor bicycle storage area and the twenty -four foot (24') wide two -way driveway access ramp to the upper level parking garage along the west property line. Thus, a zero foot (0') landscape buffer is proposed 6. A waiver to LDR Section 4.4.13.F.4.c.2., for upper level setbacks, since the 3rd floor which ranges between 19'6" and 29'0" and encroaches within the upper level setback portion of the building which begins at 250 ". The minimum frontage requirement for the upper level (25' — 48' height) is not met on the 3`d floor because lower level (0' -25' height) setback requirements were inadvertently applied. 7. A waiver to LDR Section 4.6.18(B)(14)(vi)(4)(b) requires fifty percent (50 %) of the garage portion of the building on the ground level to be dedicated to use for retail, office, entertainment or other non - residential uses. The applicant is proposing five percent (5 %) of the ground level to be dedicated for retail, office, entertainment or other non - residential uses. Waiver # 1 was requested by the applicant and will be considered with the processing and approval of a subsequent Class V Site Plan application. However, waivers #2 - #7 were determined to be applicable after staff's internal review of the conceptual site plan submitted in association with the Sofa District Lofts conditional use request for increased density. The applicant will have an opportunity to resolve these technical noncompliance issues or request waivers in association with subsequent processing and approval of a future Class V Site Plan Planning and Zoning Board Staff Report: Meeting of January 27, 2014 Conditional Use Request for Sofa District Offices and Lofts application. Additional review of the Sofa District Office site (north parcel) will be performed with the submittal of a subsequent and separate Class V Site Plan, at which time, additional waivers not mentioned in this report may be identified. Since the conditional use request for a density increase is associated solely with the Sofa District Lofts site, review of the Sofa District Offices site is limited to the evaluation and assessment of the shared parking allowed between the two (2) unified sites. All of the aforementioned seven (7) waivers, which are site plan related, will be considered by the Site Plan Review and Appearance Board (SPRAB) during Site Plan review. A recommendation by SPRAB will then be forwarded to the City Commission for final action. CONDITIQNAL USE ANALYSIS REQUIRED FINDINGS (Chapter 3): Pursuant to LDR Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body, which has the authority to approve or deny the development application. These findings relate to the following four areas. FUTURE LAND USE MAP: The 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 (FLUM) designation of Commercial Core (CC) and a zoning designation of Central Business District (CBD), which are consistent with one another. Pursuant to LDR Section 4.4.13(D)(12), multiple- family dwelling units at a density over 30 units per acre are permitted through the conditional use approval process, subject to substantial compliance with the performance standards identified in LDR Section 4.4.13(1). As discussed later in this report, positive findings can be made with respect to the referenced performance standards, thus positive findings can be made with respect to FLUM consistency. CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy (CO). These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. Drainage: Preliminary engineering and drainage plans have been submitted with the proposed development. Drainage will be accommodated via floor drains on the ground level of the parking garage that will connect to an exfiltration trench system. Therefore, there appears to be no problems anticipated in accommodating on -site drainage. However, the Engineering Department does have preliminary engineering technical comments regarding drainage that will need to be addressed at the time of site plan approval. Based upon the above, positive findings with respect to this level of service standard can be made, subject to satisfaction of all preliminary engineering technical comments during the subsequent site plan approval process. Parks and Open Space: The Open Space and Recreation Element of the City's Comprehensive Plan concludes that "The City will have sufficient recreation facilities at build -out to meet the adopted standards ". A park impact fee is collected to offset any impacts that the project may have on the City's recreational facilities. Pursuant to LDR Section 53.2, 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 thirty -eight thousand dollars ($38,000.00) will be required of this development for parks and recreation purposes, prior to building permit issuance. Solid Waste: For the Sofa District Lofts site, the proposed 2,250 sq. ft. of retail generates a total of 11.47 tons of solid waste per year. The proposed 76 dwelling units will generate a total of 39.52 tons of solid waste per year. Therefore, there will be a net increase of 50.99 tons per year with the proposed development of the site. The Solid Waste Authority has indicated that its Planning and Zoning Board Staff Report: Meeting of January 27, 2014 Conditional Use Request for Sofa District Offices and Lofts facilities have sufficient capacity to handle all development proposals until the year 2046, thus a positive finding with respect to this level of service standard can be made. Streets and Traffic: The subject property is located within the City's Transportation Concurrency Exception Area (TCEA), which encompasses the CBD, CBD -RC, OSSHAD, and West Atlantic Avenue Business Corridor. The TCEA exempts the above - described areas from complying with the Palm Beach County Traffic Performance Standards Ordinance. Therefore, a traffic study is not required for concurrency purposes. However, a traffic statement is necessary to keep a record of trips approved in the TCEA and for calculation of traffic impact fees. A traffic statement has been provided which indicates that the proposed mixed -use development will generate 821 net new vehicle trips per day. Specifically, it will generate 43 AM net new peak hour trips and 74 PM net new peak hour trips. Water and Sewer: Water service is proposed via a service lateral connection to the existing eight inch (8 ") water main located within the SE 1St Avenue right -of -way. Sewer service is proposed via a service lateral connection to the existing eight inch (8 ") sanitary sewer main located within the adjacent alley to the east. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build -out. Based upon the above, positive findings can be made with respect to this level of service standard. Schools: The Palm Beach County School District must approve the development proposal for compliance with the adopted Level of Service for School Concurrency. Verification from the Palm Beach County School District is pending and a written finding of approval from the School District is attached as a condition of approval. CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required findings in LDR Section 2.4.5(E)(5) for the Conditional Use request shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objectives and policies that are relevant to the Conditional Use application were noted: Future Land Use Element Objective A -1: Property shall be developed or redeveloped, in a manner so that the future use, intensity and density are appropriate in terms of soil, topographic, and other applicable physical considerations; encourage affordable goods and services; are complementary to and compatible with adjacent land uses; and fulfill remaining land use needs. The subject sites are vacantlundeveloped land have been cleared of all buildings, trees and shrubs. Thus, there are no special physical or environmental characteristics of the land that would be negatively impacted by the proposed mixed -use developments. The site is bordered by public right -of -way (SE 1" Avenue) on the west. To the east of the site is an existing sixteen foot (16') public alleyway. Across the alley, to the east, is the approved "Sofa Building 2" multi- family residential development. To the west of the site, across SE 1St Avenue, are historic single family dwellings. To the north of the Sofa District Lofts site, is the recently constructed Boueri mixed -used building. To the north of the Sofa District Offices site (north parcel), is the Worthing Place mixed -used development. To the south of the Sofa District Lofts site is a multi- tenant, multi -story retail and office building (The Mark). To the South of the Sofa District Offices site, across the SE 1St Street right -of -way is the Boueri mixed -use building. 5 Planning and Zoning Board Staff Report: Meeting of January 27, 2014 Conditional Use Request for Sofa District Offices and Lofts The surrounding properties to the east, north and south are all are zoned Central Business District (CBD). The single family residential properties to the west, across SE 15t Avenue, are located within the OSSHAD (Old School Square Historic Arts District). This request for Conditional Use approval to allow for increased density is compatible with the surrounding uses and zoning designations. In terms of fulfilling remaining land use needs, the Housing Element of the Comprehensive Plan states the following: "One of the most important objectives of the City's overall housing policy is the establishment of housing in the downtown area. in the years since adoption of the 9989 Comprehensive Plan the downtown has changed from a somewhat sleepy, seasonally oriented shopping district to a vibrant year-round retail, service, and entertainment area with an active nightlife. A critical missing element is a significant housing development. The City recognizes the importance of providing housing in close proximity to shopping, employment, and transportation, and the need to have a residential base to support the businesses in the downtown area ". The proposed Sofa District Lofts will help to fulfill this stated land use need by providing 76 additional dwelling units in the downtown area in close proximity to shopping, employment and transportation, and is therefore consistent with this policy. Future Land Use Element Obiective C -3: The Central Business District (CBD) and surrounding neighborhoods, including A -1 -A, Seacrest and Swinton Avenue represents the essence of what is Delray Beach i.e. a "village by the sea ". The continued revitalization of the CBD is essential to achieving the overall theme of the City's Comprehensive Plan by managing growth and preserving the charm. The following policies and activities shall be pursued in the achievement of this objective. Future Land Use Element Policy C -3.2: The "Downtown Delray Beach Master Plan" was adopted by the City Commission on March 19, 2002. Covering the downtown business districts surrounding the Atlantic Avenue corridor between 1 -95 and A -1 -A, it represents the citizens' vision for the growth and unification of Delray Beach, while still retaining the "village by- the -sea" character of the CBD. The Plan addresses a wide range of issues including infill development, neighborhood parks, shared parking, public art, the roadway and alleyway systems, marketingleconomic development, and the need to modify the Land Development Regulations to include design guidelines to retain the character of Delray Beach. Future development and redevelopment in this area shall be consistent with the Master Plan. The following excerpts are from the Downtown Delray Beach Master Plan: On page 36 - "Increasing residential density is absolutely crucial to ensure a healthy and lasting life to the Central Core District. The residential component will be the element that will make the Central Core District evolve from a high -end leisure area for a few, to a true downtown that serves the needs of the community as a whole. It will be the factor that induces the proliferation of services for locals, today very scarce or even non- existent. " On page 38 - `In order to maintain the overall "Village Atmosphere" of the City, but at the same time create enough density to encourage a variety of local services and a more balanced mix of retail in downtown, the Master Plan's recommendation in all the reviewed cases consistently supports higher densities within the CRA's downtown district, especially in the four blocks north and south of the Avenue. It is this Plan's 6 Planning and Zoning Board Staff Report: Meeting of January 27, 2014 Conditional Use Request for Sofa District Offices and lofts additional recommendation to include a minimum density requirement in the zoning code. Within the downtown area, low, suburban densities will cause more harm than slightly higher ones. Within a downtown area, density is directly associated with the health and success of downtown." As noted above, increased residential density is crucial to the long -term sustainability of the downtown. The proposed conditional use will allow a residential density of 67.6 dwelling units per acre on the subject property. This increased density equates to an additional 37.6 units over the base density of 30 units per acre. The development proposal will locate a total of 76 residential dwelling units of various floor plans and sizes within the downtown area. The residents of these dwellings will be able to walk to shops, restaurants, cultural areas and parks. They will interact on a regular basis with storekeepers and employees, and their neighbors. They will get to know the downtown much more intimately than the majority of Delray residents. They will play a major role as participants, in and contributors to, the downtown area community. The Sofa District Lofts and Offices development proposal is consistent with Future Land Use Element Objective C -3 and Policy C -3.1 as it will facilitate the continued rehabilitation and dynamic revitalization of the CBD zoning district. Transportation Element Policy A -1.5: New residential projects over 25 units and nonresidential projects over 10,000 square feet adjacent to existing or future Palm Tran bus stops shall provide an easement and install a city- approved bus shelter on site. If the project is not adjacent to a bus stop, or a bus shelter already exist, a contribution shall be made to the City in -lieu of providing the bus shelter on site. Currently, the Palm Tran Route #81 (Eastbound Atlantic Avenue) serves this site along SE 1st Street with an existing bus stop at the southeast corner of SE 1st Avenue and SE 1st Street. The development should contribute toward the provision of a bus shelter at this location. A contribution of approximately one -half the cost of a bus shelter must be paid prior to certification of the site plan for the development. This requirement will be addressed as part of the site plan review process. Subject to it being addressed at that time, the development will comply with Transportation Element Policy A -1.5. Transportation Element Policy D -2.2: Bicycle parking and facilities shall be required on all new development and redevelopment. Particular emphasis is to be placed on development within the TCEA Area. The subject property is located within the City's Transportation Concurrency Exception Area (TCEA), which encompasses the CBD, CBD -RC, OSSHAD, and West Atlantic Avenue Business Corridor. Bicycle racks and storage areas have been provided on the Sofa District Lofts site. Thus, the development complies with Transportation Element Policy D -2.2. Open Space and Recreation Element Policy A -3.1: Tot lots and recreational areas, serving children from toddlers to teens, shall be a feature of all new housing developments as part of design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. The City may require a monetary contribution in -lieu of the provision of on -site facilities where appropriate. This policy may be waived for projects in the downtown because the City recognizes that households located in the downtown are likely to have fewer children than those located in suburban settings. Furthermore, land in the downtown is at a premium and it can be cost prohibitive to provide land intensive recreational features such as tennis courts, volleyball courts, etc. However, the proposed development does provide recreational facilities on the second level of the four story building for its residents which include an amenity deck with 7 Planning and Zoning Board Staff Report: Meeting of January 27, 2014 Conditional Use Reauest for Sofa District Offices and Lofts extensive planting material, a swimming pool, lounge chairs, fire pits with outdoor seating, a fitness - exercise room, a clubhouse and a game room for younger residents. Other recreational, cultural and open space opportunities located in proximity to the Sofa District Lofts development include Veteran's Park, which contains a large playground and recreational area; the Municipal Beach; Currie Commons Park, which includes a baseball field and playground; the City's Tennis Center; and Old School Square Cultural Center. As playground areas are located close by (Veteran's Park and Currie Commons Park) and other facilities are available on site that can be utilized by children, such as the pool and game room, the intent of this policy has been met. Based on the above, it is appropriate to partially waive (tot lot) this requirement to provide these services entirely on site. Housing Element Objective B -2: Redevelopment and the development of new land shall result in the provision of a variety of housing types and other amenities (i.e. bike trails, parks, sidewalks) to accommodate the diverse economic makeup of the City's demographic profile, and meet the housing needs of all residents. Policies which will implement this objective include: Housing Element Policy B -2.2: The development of new adult oriented communities within the City is discouraged. New housing developments shall be designed to accommodate households having a range of ages, especially families with children, and shall be required to provide 3 and 4 bedroom units and activity areas for children ranging from toddlers to teens. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. While the proposed development will not be restricted to occupancy by adults only, it is acknowledged that downtown dwellings are not typically occupied by families with two (2) or more children. To appropriately address the market demand, this development will primarily accommodate single adults, elderly and young professional couples. The development will provide a mix of efficiency (studio units), one (1) and two (2) bedroom units. (See Page 17 of this report for unit mix breakdown). Housing Obiective A -11: To assist residents of the City in maintaining and enhancing their neighborhood, the City, through public input and notification, shall take steps to ensure that modifications in and around the neighborhood_ do not lead to its decline, such as those described in the following policies. Housing Policy A -11,3: In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. As previously noted, the residents of this development will aid in the revitalization and economic stability of the downtown area. The introduction of additional residential dwelling units will increase safety of the area by introducing more nighttime activity and more "eyes on the street" as a deterrent to criminal behavior. While the development proposal will result in additional 43 AM and 74 PM peak hour trips onto the surrounding roadway network, the number of daily trips (821) generated will not negatively impact the area. N Planning and Zoning Board Staff Report: Meeting of January 27, 2014 Conditional Use Request for Sofa District Offices and Lofts It is noted that the location of the outdoor recreation facilities on the second floor "amenity deck" could become a noise issue, especially to the single - family residential homes to the west. The amenity deck should be designed to minimize the transmission of noise into the surrounding area. This could include the use of additional landscaping at the edges and the use of sound - absorbing materials. Additionally, amplified music will not be permitted on these deck areas. These two items will be addressed as part of the site plan review process. Subject to these items being addressed at that time, the development will be consistent with Housing Policy A- 11.3. LDR SECTION 2.4.5(E) - REQUIRED FINDINGS: Pursuant to LDR Section 2.4.5(E)(5), 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) Hinder development or redevelopment of nearby properties. The following table identifies the zoning designations and uses that are adjacent to the subject property: The surrounding properties to the east, north and south are all are zoned Central Business District (CBD). The single family residential properties to the west, across SE I" Avenue, are located within the OSSHAD (Old School Square Historic Arts District). Specifically, across the alley, to the east, is the approved "Sofa Building 2" multi - family residential development. To the west of the site, across SE 1st Avenue, are historic single family and multi - family dwellings. To the north of the Sofa District Lofts site, is the recently constructed Boueri mixed -used building. To the north of the Sofa District Offices site, is the Worthing Place mixed -used development. To the south of the Sofa District Lofts site is a multi- tenant, multi -story retail and office building called "The Mark ". To the South of the Sofa District Offices site, across the SE 1st Street right -of- way is the Boueri mixed -use building. Thus, the proposed residential development will be compatible with the uses that prevail in the neighborhood, will not hinder development or redevelopment of nearby properties, and will not have a detrimental effect upon the stability of the neighborhood. The additional residents should improve the stability of the CBD downtown neighborhood by increasing the number of "eyes on the street" in the neighborhood. The development activity should have a positive effect on redevelopment of neighboring properties. By adding to the downtown customer base, the additional residential development will also help to encourage a variety of local services and a more balanced mix of retail downtown. Based upon the above, positive findings can be made with respect to LDR Section 2.4.5(E)(5) for the conditional request which further support an increase in density to 67.6 dwelling units per acre. Zoning: Use: North Central Business District (CBD) Mixed -Use Retail & Office Building (Boueri) South Central Business District (CBD) Mixed -Use Retail and Office Building (The Mark) East Central Business District (CBD) Approved "Sofa Building 2" Multi - Family Residential Development West Old School Square Historic Arts District Single - Family and Multi - Family Dwellings ( OSSHAD) The surrounding properties to the east, north and south are all are zoned Central Business District (CBD). The single family residential properties to the west, across SE I" Avenue, are located within the OSSHAD (Old School Square Historic Arts District). Specifically, across the alley, to the east, is the approved "Sofa Building 2" multi - family residential development. To the west of the site, across SE 1st Avenue, are historic single family and multi - family dwellings. To the north of the Sofa District Lofts site, is the recently constructed Boueri mixed -used building. To the north of the Sofa District Offices site, is the Worthing Place mixed -used development. To the south of the Sofa District Lofts site is a multi- tenant, multi -story retail and office building called "The Mark ". To the South of the Sofa District Offices site, across the SE 1st Street right -of- way is the Boueri mixed -use building. Thus, the proposed residential development will be compatible with the uses that prevail in the neighborhood, will not hinder development or redevelopment of nearby properties, and will not have a detrimental effect upon the stability of the neighborhood. The additional residents should improve the stability of the CBD downtown neighborhood by increasing the number of "eyes on the street" in the neighborhood. The development activity should have a positive effect on redevelopment of neighboring properties. By adding to the downtown customer base, the additional residential development will also help to encourage a variety of local services and a more balanced mix of retail downtown. Based upon the above, positive findings can be made with respect to LDR Section 2.4.5(E)(5) for the conditional request which further support an increase in density to 67.6 dwelling units per acre. Planning and Zoning Board Staff Report: Meeting of January 27, 2014 Conditional Use Request for Sofa District Offices and Lofts . PERFORMANCE STANDARDS PERFORMANCE STANDARDS FOR DENSITY INCREASE: The applicant is seeking an increase in density above 30 units per acre (67.6 units per acre). In order to grant the increase positive findings with respect to LDR Section 4.4.13(1) need to be made. LDR Section 4.4.13(1) - Performance - Standards: These standards shall apply to all applications for new development and modification of existing developments which would result in a density greater than 30 dwelling units per acre. (1) The maximum permissible density of a particular project will be established through the conditional use process, based upon the degree to which the development complies with the performance standards of this section, the required findings of Section 2.4.5(E), and other applicable standards of the Comprehensive Plan and Land Development Regulations. Notwithstanding the above, the approving body may deny an application for increased density where it is determined that the proposed project is not compatible in terms of building mass and intensity of use with surrounding development. All eligible developments to use these performance standards shall provide twenty percent (20 %) of the residential units above thirty (30) dwelling units per acre in the Commercial Core or twelve (12) units per acre in the West Atlantic Neighborhood as Workforce Housing units (fractions shall be rounded up). The workforce housing units shall be divided between low and moderate income levels and shall comply with other applicable provisions of Article 4.7. The units shall be provided either onsite, offsite or through a monetary contribution or as noted in LDR Section 4.7.2 c. The proposed development is compatible in terms of building mass and intensity with the surrounding development. There is a mix of uses and building heights in the area, with the Worthing Place development to the north and other recently approved multi -story developments. The proposed development will provide the required Workforce Housing (WFH) Units at a calculation of twenty percent (20 %) of all units over the permitted thirty (30) dwelling units, rounded up. Based on said requirements and a total of 37.6 additional units, the applicant is proposing to incorporate nine (9) work force housing (WFH) dwelling units into the project, which will be divided between low and moderate income levels and will comply with all applicable provisions of LDR Section 4.7. (2) In addition to the standards and requirements set forth in subsection 4.4.13(1)(1), above, the applicable performance standards for development exceeding twelve (12) units per acre within the West Atlantic Neighborhood or thirty (30) units per acre within the Central Core are as follows: (a) The development offers variation in design to add interest to the elevations and relief from the building mass. Building elevations incorporate several of the. following elements: diversity in window and door shapes and locations; features such as balconies, arches, porches; and design elements such as shutters, window mu /lions, quoins, decorative tiles, or similar distinguishing features. The proposed design of the site and building offers a variation in design and color which adds interest to the building and reduces the appearance of massing. The building elevations incorporate a diversity of window and door shapes and locations. It features cantilevered balconies, porches, terraces, and other modern decorative tiles and accents. 10 Planning and Zoning Board Staff Report: Meeting of January 27, 2014 Conditional Use Request for Sofa District Offices and Lofts (b) If the building includes a parking garage as an associated structure or within the principal building, the garage elevation provides unified design elements with the main building through the use of similar building materials and color, vertical and horizontal elements, and architectural style. Development of a portion of the ground floor perimeter adjacent to street rights of way is devoted to window displays or floor area for active uses such as retail stores, personal and business service establishments, entertainment, offices, etc., is encouraged. The proposed building includes a parking garage which has been designed as an integral part of the building and blends with the design of the residential uses above. Vehicular access to the ground floor garage is provided at the rear of the building via the alley and not from the main street, thereby reducing the appearance of a parking garage. The project is not located in a retail corridor and non - residential use on the ground floor is proposed. (c) A number of different unit types, sizes and floor plans are available within the development, Two and three bedroom units are encouraged, as are a combination of multi -level units and flats. In projects consisting .of more than twelve (12) dwelling units, the proportion of efficiency or studio type units may not exceed 25% of the total units. There is no maximum percentage established for projects having twelve (12) or fewer units, however, a mix of unit types and sizes is encouraged. The project includes a total of 76 units comprised of studiolefficiency, one - bedroom, and two - bedroom units. Forty -six (46) units are 2 bedroom and twenty -two (22) are 1 bedroom. Eight (8) units are efficiencies. There are multiple floor plans available. The living area varies among units. Some units will have terraces, while other will have balconies. (d) The project design shall create an overall unified architectural character and image by the use of common elements between the building(s), parking lot, and landscaping. Examples of some features that could be incorporated to meet this standard are: freestanding light poles and exterior light fixtures that are decorative and consistent with the architectural treatment of the building(s); pedestrian amenities such as benches, shaded walkways, and decorative pavement treatment, that are similar in forms, colors, materials, or details as the architecture of the building(s), focal points such as public art, water feature /fountain, courtyard or public plazas designed to connect different uses along a continuous pedestrian walkway" or a combination of similar features that meet the intent of this standard. The project design creates an overall unified architectural character and image by the use of common elements on and within the building and ancillary parts of the project. Decorative light fixtures, a landscaped public plaza area with decorative pavers, and the use of bold urban colors and a modern design are some of the common design elements that add character to the project. Additionally, the residents will enjoy the use of on -site amenities as identified below. (e) The development provides common areas and /or amenities for residents such as swimming pools, exercise rooms, storage rooms or lockers, covered parking, gardens, courtyards, or similar areas and /or amenities. The amenity deck offers numerous interactive uses from ping pong and pool tables to fire pits with cozy seating groups. Also offered on the amenity deck are the swimming pool and a sun deck along with an inviting trellised spa with a water feature as its back drop. Cabanas offer different types of seating and lounge areas. There are also barbecues, outdoor dining, and an outdoor trellised bar for interactive gatherings. The amenity deck also offers private patios with built -in planters with native shrubs and lush palms as boundaries between areas. 11 Planning and Zoning Board Staff Report: Meeting of January 27, 2014 Conditional Use Request for Sofa District Offices and Lofts (f} The development promotes pedestrian movements by providing convenient access from the residential units to the public sidewalk system. Pedestrian areas adjacent to the building are enhanced by providing additional sidewalk area at the same level as the abutting public sidewalk. Accessways to parking areas are designed in a manner that minimizes conflicts between vehicles and pedestrians. The public street or streets immediately adjacent to the development are enhanced in a manner that is consistent with the streetscape in the downtown area (i.e., installation of landscape nodes, extension of existing paver block system, installation of approved street lighting, etc.). The project is inherently pedestrian friendly due to its proximity to a lively downtown area surrounding the site. The main pedestrian access to SE Vt Avenue is via the main lobby area in the center of the building, encouraging pedestrian activity to the street. The provision of eight foot (8') sidewalks along SE 1st Street and SE 1St Avenue will connect the project to the surrounding pedestrian network. The project's proximity to Atlantic Avenue, Federal Highway and Swinton Avenue will result in residents being able to walk to the main commercial, entertainment, and cultural activities that create the downtown. The project incorporates landscape nodes and decorative pavers at the front of the building to create a sense of residential character for the area, along with decorative lighting. (g) The development provides opportunities to share parking, access ways, driveways, etc., with adjoining properties, or provides additional parking spaces that may be used by the public. The development provides for new parallel parking spaces along SE 16t Avenue. These spaces are not required to meet the parking requirements of the project. All of these spaces may be used by the public. Additionally, LDR Section 4.6.9(C)(8)(a) allows for shared parking for a building or combination of buildings containing a mix of uses on a unified site or sites. (h) Projects fronting on Atlantic Avenue, NW /SW 5th Avenue, N.E. Ist Street, or S.E. 9st Street contain nonresidential uses on the ground floor. At least seventy -five percent (7556) of the surface area of the front street wall /(s) at the ground floor of each such building is devoted to display windows and to entrances to commercial uses from outside the building. In association with the Sofa District Offices, nonresidential uses are provided along SE Vt Street. Therefore, this performance standard has been met with the combined project, but is actually not applicable to the south parcel on which the conditional use is requested. (i) The landscape plan for the development preserves and incorporates existing native vegetation (where available), provides new landscaping that is in excess of minimum standards (in height and quantity), demonstrates innovative use of plant material, improves site design, provides useable open space or public plazas, and maximizes available areas for pedestrian interaction. if necessary to achieve this standard, the project may exceed the maximum setback area on the ground floor. The landscape plan for the project is in excess of the minimum standards. It demonstrates an innovative use of plant material in the design and provides useable open space and maximizes available areas for pedestrian interaction. The project offers a variety of vegetation and paving interactions. The Landscape Plan exceeds the tree requirements, and also exceeds the native tree requirements. There are also barbecues, outdoor dining, and an outdoor trellised bar for interactive gatherings. The amenity deck also offers private patios with built -in planters with native shrubs and lush palms as boundaries between areas. 12 Planning and Zoning Board Staff Report: Meeting of January 27, 2014 Conditional Use Request for Sofa District Offices and Lofts Of the nine (9) performance standards outlined in LDR Section 4.4.13(1), the subject development proposal complies with all nine (9) performance standards (a), (b), (c), (d), (e), (f), (g), (h) and (i), considering the unified properties. Given this level of achievement with the performance standards it is appropriate to grant the requested increase in density. COMPLIANCE;INI,TH THE LAND bEVELOPMENT REGULATIONS In conjunction with the Conditional Use request a sketch play; was submitted which staff has reviewed. It is noted that the conceptual plan is insufficient to conduct a complete analysis of the Land Development Regulations. If the Conditional Use is approved, a full site plan submittal complying with LDR Section 2.4.3 will be required. Based upon staff's review of the sketch plan and site inspections, the following analysis is provided. Building Setbacks & Frontage Requirements - Design Guidelines: LOWER LEVEL (Ground floor to 25') (Min./Max.) Standard: Required: Proposed: (Applied to 3 Floor Building Setbacks: Front (West) 5' min. 5' - frontage 3825) 70% min. 190% max. 10' max. 325'_(85%) - remaining length 10% min. 130% max. 15' min. 57.5' (15% Rear east 10' 10'1" Side Interior (north) 0' S "/" Side Interior (south) Of 04" UPPER LEVEL (25' to 48' height) (Min./Max.) Standard: Required: Proposed: (Applied to 3 Floor Building Setbacks: Front west -frontage (382.5') 70% min. 15' min. 57.5' (15 %) - remainin length 10% min. !30% max. 5` min. 325' (85 %) UPPER LEVEL (25' to 48' height) (Min./Max.) Standard: Required: Proposed: (4r'' and 5f' Floors) Building Setbacks: Front (west) - frontage (3825) 70% min. 15' min. 268.5' (70 %) - remaining length 10% min. 130% max. 5' min. 114.0' 30% Staff review of the preliminary site plan indicates that a waiver to LDR Section 4.4.13(F)(4)(c)(2) will be required. This LDR Section requires that from a height of twenty -five feet (25') to forty - eight feet (48'), the required building frontage has to be setback at a fifteen foot (15') minimum for seventy percent (70 %) of the lot frontage along SE 15i Avenue for the Sofa District Lofts site. The applicant has applied the lower level setback requirements and must either revise the plans to comply with the upper level requirements or request a waiver. This will be further addressed during the site plan review process. 13 Planning and Zoning Board Staff Report: Meeting of January 27, 2014 Conditional Use Request for Sofa District Offices and Lofts Off - Street Parking: Pursuant to LDR Section 4.4.13(G)(1)(e), the parking requirements for residential units in multi- family structures located within the CBD are to be provided as follows: Type of Unit Total No. of Units Spaces per Unit Parking Spaces Required Parking Spaces Provided Efficient 1 room 8 1.0 8 8 1 bedroom 22 1.25 28 28 2 bedrooms 46 1.75 81 81 2.60 Commercial /Retail Guest parking 0.65 For the first 20 units 20 0.5 10 10 For units 21 -50 30 0.3 9 9 For units 51 and above 26 0.2 5 5 Totals 141 141 As shown in the above table, one hundred forty -one (141) parking spaces are required for the proposed 76 unit development and 141 spaces have been provided within the parking garage. Thus, this LDR requirement has been met. LDR Section 4.6.9(C)(8)(a) allows for sites to be presented as a unified development. Shared parking between the two (2) sites is further encouraged with LDR Section 4.6.9(E)(5)(a)(1) allowing for parking associated with a development to be provided off -site so long as it is within a pedestrian path of no greater than three hundred feet (300'). Since the Sofa District Lofts site is only 150' south of the proposed Sofa District Offices site, the shared parking approach can be applied. Under the shared parking provisions of the City's parking regulations, as shown on the table below, five (5) additional parking spaces are required to support the recreational amenity deck and pavilion on the 4t" floor of the Sofa District Offices building. Pursuant to CBD: LDR 4.4.13(G)(1)(f) Parking Req. Weekday Night Weekday Day Weekday Evening Weekend Day Weekend Evening Residential 68.00 68.00 40.80 61.20 54.40 61.20 Office 52.00 2.60 52.00 5.20 5.20 2.60 Commercial /Retail 13.00 0.65 9.10 11.70 13.00 9.10 Hotel 0.00 0.00 0.00 0.00 0.00 0.00 Restaurant 0.00 0.00 0.00 0.00 0.00 0.00 Entertainment/Recreational 10.00 1.00 4.00 10.00 8.00 10.00 Other /Guests /Reserved 76.00 76.00 76.00 76.00 76.00 76.00 total required 219,00 148.25 181.90 164.10 156.60 158.90 total provided 177.00 148 182 164 157 159 shared total Due to the exclusion of the 2,901 sq. ft. amenity deck and pavilion on the 4th floor of the Sofa District Lofts site, an additional ten (10) spaces were unaccounted for in the "Entertainment /Recreational" category of the revised shared parking table indicated above. As such, the table has been modified to calculate the new shared parking requirement at 182 spaces, whereas 177 spaces are currently proposed. Therefore and additional five (5) on -site parking spaces are required. If revised plans can not accommodate the necessary additional five (5) parking spaces on either site, then the Sofa District Offices site will be subject to no less than five (5) in -lieu parking spaces. This issue will be further addressed during the site plan review process. 14 Planning and Zoning Board Staff Report: Meeting of January 27, 2014 Conditional Use Request for Sofa District Offices and Lofts On Street Parking: For the Sofa District Lofts site, twelve (12) on- street parking spaces are proposed to be retained along SE 1St Avenue. For the Sofa District Offices site, three (3) on- street parking spaces are proposed to be retained along SE 1" Street. Although these spaces will remain available to the general public, they will also help to meet the short -term parking requirements of residents and guests of the project. Pursuant to LDR Section 4.6.9(E)(2)(a),(b), and (c), the following regulations apply to on- street parking: (2) Required off - street parking shall be provided on the same lot, or parcel, as the building and uses for which it is required. Where adequate right -of -way exists, construction of additional on- street parking spaces directly and wholly abutting the lot, or parcel, may be counted towards the off - street parking requirement of the lot or parcel it is intended to serve, provided that: (a) The adjacent right -of-way has not been previously utilized for parking or, in cases where the adjacent right -of -way has been used for parking only those spaces in addition to the number of existing spaces shall be counted; (b) Such parking spaces are clearly marked on the site plan and designed in accordance with appropriate City, County or State standards, as applicable; and (c) Such parking spaces shall be publicly accessible and cannot be reserved or restricted by the owner(s) or tenant(s) of the lot or parcel, unless approved by the City Commission for special events or valet parking. Due the preexistence of these on- street parking areas, no parking credit is allowed per this provision of the Code. Compact Parking: Pursuant to LDR Section 4.6.9(C)(1)(g), up to 30% of the required parking for any use may be designated for compact cars. The development proposal includes forty -seven (47) compact parking spaces located within the proposed ground floor parking garage. This represents 25.8% of the total required spaces (182), thus meeting the requirement. Handicapped Accessible Parking: Pursuant to LDR Section 4.6.9(C)(1)(b), special parking spaces designed for use by the handicapped shall be provided pursuant to the provisions of Florida Accessibility Code for Building Construction. Accessibility for residential structures is also covered by the Federal Fair Housing Act. Under the provisions of these codes, accessible parking must be provided at a rate of 2% of the spaces required for the residents. This equates to a requirement of three (3) accessible parking spaces (141 x 2% = 3). The requirement for non - resident guest spaces is addressed in the Florida Accessibility Code for Building Construction. Under this code, the twenty -four (24) guest spaces will require one (1) additional accessible parking space, for a total of four (4) spaces required for the proposed development. Since seven (7) handicap accessible parking spaces have been provided, this LDR requirement has been met. Additionally, the Florida Accessibility Code for Building Construction requires the height clearance of the handicap parking areas to be nine and one -half feet (95) high to allow the access of handicap vans. A note to this effect shall be placed on the site plan. This requirement will be addressed during the site plan review process. 15 Manning and Zoning Board Staff Report: Meeting of .January 27, 2014 Conditional Use Request for Sofa District Offices and Lofts Bicycle Parking: LDR Section 4.6.9(C)(1)(c) and Transportation Element Policy D -2.2 of the Comprehensive Plan require that a bicycle parking facility be provided. The subject property is located within the City's Transportation Concurrency Exception Area (TCEA). Bicycle racks and a secure bicycle storage area on the second floor comprising 720 sq. ft. are available to future residents of the Sofa District Lofts site. Thus, this requirement is met. Stacking Distance: Staff review of the preliminary site plan indicates that the proposed plans meet the required stacking distance for the Sofa District Lofts site. This LDR Section requires that the minimum stacking distance between the adjacent street right -of -way and the first parking space in a parking lot with more than fifty -one (51) parking spaces shall be twenty feet (20) when there are multiple points of access. The applicant has proposed twenty -two feet (22') of stacking off of the adjacent alley, which meets this requirement. Lighting: A photometric plan consistent with the requirements of LDR Section 4.6.8 has been provided. Loading: A loading area for the Sofa District Lofts project has not been identified. Provision of a minimum 12' x 30' loading space shall be provided off of the existing 16' alley in the rear with convenient access to a service elevator serving all five (5) floors. This will be further addressed during the site plan review process. Sight Visibility Triangles: Pursuant to LDR Section 4.6.14(B)(1), when an access way intersects a public right -of -way, triangular areas shall provide unobstructed cross - visibility. The area on both sides of a driveway formed by the intersection of a driveway and an alley with a length of ten (10) feet along the driveway, a length of ten (10) feet along the alley right -of -way and the third side being a line connecting the ends of the other two lines, Visibility triangles for driveway access point to the upper level parking garage along the SE 1St Avenue has not been depicted. Plans must be modified to comply with this LDR requirement. This will be further addressed during the site plan review process. Pursuant to LDR Section 4.6.14(B)(2), the visibility triangle shall be the area formed by the intersection of an alley and a street with a length of ten (10) feet along the alley right -of -way, a length of twenty (20) feet along the street right -of -way, and the third side being a line connecting the ends of the other two lines. Visibility triangles at the two (2) entry points along the alley have not been correctly depicted to demonstrate compliance with this LDR requirement. Plans must be modified to comply with this LDR requirement. This will be further addressed during the site plan review process. Pursuant to LDR Section 4.6.14(6)(3), within the Central Business District (CBD), the visibility triangle shall be the area formed by the intersection of two or more street rights -of -way with two sides of the triangular area being twenty (20) feet in length along each street, measured from their point of intersection, and the third side being a line connecting the ends of the other two lines. For the Sofa District Offices site, visibility triangles have been drawn at the intersection of SE 1st Street and SE 18t Avenue. Thus, this requirement has been met. 16 Planning and Zoning Board Staff Report: Meeting of January 27, 2014 Conditional Use Request for Sofa District Offices and Lofts Open Space: A minimum of 10% non - vehicular open space shall be provided for all development in this section of the Central Business District. Plans indicate that 10% open space has been provided, which meets this requirement for the Sofa District Lofts site as indicated in the chart below: CBD Zoning (Min./Max.) Standard: Required: Proposed:. 70% max. of ground floor 187% (25'_ 48' high) 28,578 sq. ft. 140,826 sq. ft. Building Height: 25' min. 148' max. 48'0" Lower Level Floor Area: N/A 100% of ground floor 40,826 proposed sq. ft. (Ground floor to 25' high) Open Space (10 %): 4,896 sq.ft.148,958 sq.ft. 4,898 sq.ft. 10% Building Height: A maximum height of 48' is allowed within the CBD Zoning District. As indicated in the chart above, the proposed development meets this requirement. It should be noted that 48' tall buildings were envisioned to equate to four (4) stories. The provision of the 9' floor heights and minimal space between floors results with 5 stories where 4 stories was the intention. Bus Shelter: As noted earlier in this report, pursuant to Transportation Element A -1.5 of the Comprehensive Plan, the applicant shall provide a contribution of approximately one -half the cost of a bus shelter prior to certification of the site plan for the Sofa District Offices site which fronts along SE 1st Street served by the Palm Tran Route #81. This requirement will be addressed as part of the site plan review process. Maximum Upper Level Floor Area: Pursuant to LDR Section 4.4.13.F.4.c.2., the floor area for each floor contained within the portion of the structure that is 25' to 48' in height shall not exceed (seventy percent) 70% of the floor area contained within the allowable ground level footprint. The 3`d, 4th and 5th levels fall within this height range. One hundred eighty -seven (187 %) is proposed, whereas seventy percent (70 %) is the maximum as indicated in the chart below: Plans will have to be modified to meet the maximum 70% ground floor area requirement for upper levels or a waiver will need to be requested and approved. This will be further addressed during the site plan review process. Minimum Residential Floor Area: The following table indicates that the proposal complies with LDR Section 4.3.4(K) - Minimum residential floor area. There are 8 efficiency dwelling units that range in size from 588 square feet to 781 square feet; 22 one- bedroom dwelling units that range in size from 777 to 845 17 Required., Proposed: Upper Level Floor Area: 70% max. of ground floor 187% (25'_ 48' high) 28,578 sq. ft. 140,826 sq. ft. 76,799 sq. ft. 140,826 sq. ft. - 3rd 4t" & 5" Floors Lower Level Floor Area: N/A 100% of ground floor 40,826 proposed sq. ft. (Ground floor to 25' high) - 1st Floor Only Plans will have to be modified to meet the maximum 70% ground floor area requirement for upper levels or a waiver will need to be requested and approved. This will be further addressed during the site plan review process. Minimum Residential Floor Area: The following table indicates that the proposal complies with LDR Section 4.3.4(K) - Minimum residential floor area. There are 8 efficiency dwelling units that range in size from 588 square feet to 781 square feet; 22 one- bedroom dwelling units that range in size from 777 to 845 17 Planning and Zoning Board Staff Report: Meeting of January 27, 2014 Conditional Use Request for Sofa District Offices and Lofts square feet; and 46 two - bedroom dwelling units that range in size from 964 square feet to 1,332 square feet. Based upon the above, this LDR requirement has been met. Right- of-Way Dedications: SE I" Avenue: Pursuant to LDR Section 5.3.1 and the Transportation Element of the City's Comprehensive Plan, the ultimate right -of -way width for SE Vt Avenue is 60' and only 40' of right -of -way currently exists. For existing streets, the City Engineer, upon a favorable recommendation from the Development Management Services Group (DSMG), may grant reductions in right -of -way width. The City Engineer and DSMG have reviewed the request for a reduction in right -of -way width and have determined that a reduction in right -of -way width to 50' would be sufficient for this section of SE Vt Avenue. Based upon the above,'a dedication of five feet (5') of right -of -way is required and has been depicted on the proposed development plans. It is attached as a condition of approval that the five feet (5') of right -of -way deed for SE 15t Avenue be processed and approved by the City Commission prior to building permit issuance. Alley: Pursuant to LDR Section 5.3.1(D)(2), the required width of an alley is 20' or the existing dominant width. Further, pursuant to LDR Section 5.3.1(D) (3), additional right -of -way width may be required to promote public safety and welfare, provide for storm water management, provide adequate area for street trees and to ensure adequate access, circulation and parking in high intensity use areas. The existing alley right -of -way width is 16' with a paved width of approximately 14'. The development proposal will provide garbage pick -up off the alley. The City Engineer and DSMG have determined that the width of the alley should be expanded to a width of 20', which is consistent with the widths provided with recent redevelopment proposals. Therefore, a dedication of two feet (2') from the subject property is required from this development and has been depicted on the site plan. It is attached as a condition of approval that the two foot (2') of right -of -way dedication for the alley be processed and approved by the City Commission prior to building permit issuance. Street Improvement Obligations: Pursuant to LDR Section 6.1.2(A)(2)(a), when a street or alley is located on a boundary of a project, the project is responsible for providing one -half of the current costs (in cash funds) of such improvements along its property line. When access to the project is provided from a local street and/or alley, then the project must provide appropriate traffic lanes meeting requirements of Section 5.3.1(C) in order to provide continuous paved access from the nearest paved street or alley to the subject property in addition to the improvements on its side of the center line of the right -of -way. The existing 16 -foot alley right -of -way, which abuts the east property line of the subject property, is already improved. Paving of the additional 2' of alley right -of -way dedicated with this project is the obligation of the developer and will occur with construction of the project. Sidewalks: Staff review of the preliminary site plan indicates that a waiver to LDR Section 6.1.3(B)(1)(f) will be required. This LDR Section requires that sidewalks within the Central Business District be 18 Standard (Sq. Ft.) Provided (Sq. Ft.) Total Units Compliance with LDR Requirements? Dwelling Size Yes No Efficiency 400 588 -781 8 1 Bedroom Units 600 777 -845 22 2 Bedroom Units 900 964 -1,332 46 3 Bedroom Units 1,250 NIA 0 NIA 4 Bedroom Units 1,500 NIA 0 NIA Right- of-Way Dedications: SE I" Avenue: Pursuant to LDR Section 5.3.1 and the Transportation Element of the City's Comprehensive Plan, the ultimate right -of -way width for SE Vt Avenue is 60' and only 40' of right -of -way currently exists. For existing streets, the City Engineer, upon a favorable recommendation from the Development Management Services Group (DSMG), may grant reductions in right -of -way width. The City Engineer and DSMG have reviewed the request for a reduction in right -of -way width and have determined that a reduction in right -of -way width to 50' would be sufficient for this section of SE Vt Avenue. Based upon the above,'a dedication of five feet (5') of right -of -way is required and has been depicted on the proposed development plans. It is attached as a condition of approval that the five feet (5') of right -of -way deed for SE 15t Avenue be processed and approved by the City Commission prior to building permit issuance. Alley: Pursuant to LDR Section 5.3.1(D)(2), the required width of an alley is 20' or the existing dominant width. Further, pursuant to LDR Section 5.3.1(D) (3), additional right -of -way width may be required to promote public safety and welfare, provide for storm water management, provide adequate area for street trees and to ensure adequate access, circulation and parking in high intensity use areas. The existing alley right -of -way width is 16' with a paved width of approximately 14'. The development proposal will provide garbage pick -up off the alley. The City Engineer and DSMG have determined that the width of the alley should be expanded to a width of 20', which is consistent with the widths provided with recent redevelopment proposals. Therefore, a dedication of two feet (2') from the subject property is required from this development and has been depicted on the site plan. It is attached as a condition of approval that the two foot (2') of right -of -way dedication for the alley be processed and approved by the City Commission prior to building permit issuance. Street Improvement Obligations: Pursuant to LDR Section 6.1.2(A)(2)(a), when a street or alley is located on a boundary of a project, the project is responsible for providing one -half of the current costs (in cash funds) of such improvements along its property line. When access to the project is provided from a local street and/or alley, then the project must provide appropriate traffic lanes meeting requirements of Section 5.3.1(C) in order to provide continuous paved access from the nearest paved street or alley to the subject property in addition to the improvements on its side of the center line of the right -of -way. The existing 16 -foot alley right -of -way, which abuts the east property line of the subject property, is already improved. Paving of the additional 2' of alley right -of -way dedicated with this project is the obligation of the developer and will occur with construction of the project. Sidewalks: Staff review of the preliminary site plan indicates that a waiver to LDR Section 6.1.3(B)(1)(f) will be required. This LDR Section requires that sidewalks within the Central Business District be 18 Planning and Zoning Board Staff Report: Meeting of January 27, 2014 Conditional Use Request for Sofa District Offices and Lofts provided at a minimum of eight feet (8') wide. The applicant has proposed a eight foot (8') sidewalk widths along SE 1St Avenue and SE 1St Street. Thus, this requirement is met. Undergrounding of Utilities: Pursuant to LDR Section 6,1.8, utility facilities serving the development shall be located underground throughout the development. A note to this effect shall be place on the site plan. This requirement will be addressed during the site plan review process. Refuse Enclosure: Pursuant to LDR Section 4.6.6(C)(1), dumpsters, recycling containers and similar service areas must be enclosed on three (3) sides with vision obscuring gates on the fourth (4t") side, unless such areas are not visible from any adjacent public right -of -way. The development proposal includes trash rooms located interior to the building. Rolling dumpsters will be located along the alley for daily pick -up. The applicant has stated that maintenance personnel will transfer the trash to the dumpster. Accommodation for bins for recyclables has been provided, and thus, this LDR requirement has been met. Landscape Buffers: Staff review of the preliminary site plan indicates that a waiver to LDR Section 4.6.16(H)(3)(d) will be required. This LDR Section requires a minimum five foot (5) landscape buffer separating a parcel boundary line and a vehicular use area. The applicant proposes to provide zero feet (0') landscape buffer along the south property line. Plans will have to be modified to meet the minimum requirement or a waiver will need to be requested and approve. This will be further addressed during the site plan review process. Architectural Standards: It is noted that pursuant to LDR Section 4.6.18(B)(14)(v), buildings subject to the Downtown Design Guidelines are required to provide a change in roof design, doors and window rhythm and articulation, and building materials or textures every 150' of building frontage. Minimum spacing between the same architectural compositions shall be 300'. Whether or not the proposed elevations meet the required separation and design standards will be evaluated during the site plan review process. Staff review of the preliminary site plan indicates that a waiver to LDR Section 4.6.18(B)(14)(iv)(2) will be required. This LDR Section requires that the minimum transparency or glass surface area on the ground floor shall be a minimum of seventy -five percent (75 %). The applicant has not met this requirement for neither the Sofa District Lofts nor the Sofa District Offices site. Plans will have to be modified to meet the minimum requirement or a waiver will need to be requested and approve. This will be further addressed during the site plan review process. Ground Floor Commercial Usage: Per LDR Section 4.6.18(B)(14)(vi)(4)(b) requires fifty percent (50 %) of the garage portion of the building on the ground level to be dedicated to use for retail, office, entertainment or other non- residential uses. The applicant is proposing five percent (5 %) of the ground level to be dedicated for retail, office, entertainment or other non - residential uses. Plans will have to be modified to meet the minimum requirement or a waiver will need to be requested and approve. This will be further addressed during the site plan review process. 19 Planning and Zoning Board Staff Report: Meeting of January 27, 2014 Conditional Use Request for Sofa District Offices and Lofts YU ,RKFORC EHS3USING;ANALY5IS,. , FAMILYIVVORKFORCE HOUSING: General Provisions: Per LDR Section 4.7.9(a), all workforce housing units shall be situated within the development so as not to be in less desirable locations than market -rate units in the development and shall, on average, be no less accessible to public amenities, such as open space, as market -rate units. Further, per LDR Section 4.7.9(b), the workforce units must be integrated with the rest of the development and shall be compatible in exterior design, appearance, construction, and quality of materials and contain comparable HVAC systems and appliances with market rate units and provide them as standard features. All workforce housing units shall contain comparable square footage to the corresponding market -rate unit. The proposed locations of the workforce housing units are identified on each of the five (5) floors. A variety of floor plans and unit sizes are proposed. However, the applicant does not propose any studio units as workforce housing. The applicant shall need to provide at least one (1) studio unit to match the ratio of market rate units. This is attached as a condition of approval. Maximum One Bedroom Units: Pursuant to LDR Section 4.7.9(1), the total number of one bedroom units in any qualifying project shall not exceed 30% of the total number of units in the project, including both workforce units and market rate units. The development proposal consists of twenty -two (22) one bedroom units or 28.9% of the seventy -six (76) total units. This meets this requirement. Minimum Family /Workforce Housing: Plans must include a minimum of 20% workforce units consisting of moderate income workforce units as defined by Article 4.7 Family/VVorkforce Housing. Thus, no less than 20% or eight (8) of the excess 37.6 units shall be work force housing. This requirement is met with the proposed nine (9) workforce housing units. Thus, this standard is met. Ratio: Per LDR Section 4.7.9(c), the developer shall endeavor to provide workforce housing units that include unit types in the same proportion as the market rate housing unit types. This shall be accomplished by matching the ratios as indicated in the following table: Unit Type Proposed Workforce Units Proposed Ratio Required Workforce Units Required Matching Ratio Required Market Rate Market Rate Ratio Total Units Efficiency /Studio 0 0.00 1 0.11 7 0.11 8 1 Bedroom 4 0.44 3 0.28 19 0.28 22 2 Bedroom 5 0.56 5 0.61 41 0.61 46 WFH Units 9 1.00 9 1.00 67 1.00 76 20 Planning and Zoning Board Staff Report: Meeting of January 27, 2014 Conditional Use Request for Sofa District Offices and Lofts Per LDR Section 4.7.9(c)(i), the proportion of one bedroom workforce units to total workforce units may not exceed the proportion of one bedroom market rate units to total market rate units. As indicated in the table above, the applicant does not comply with the proportion of workforce units to market rate units for one bedroom units. Thus, one 1 BR workforce unit shall be converted to an efficiency/studio unit to meet this requirement. Per LDR Section 4.7.9(c)(ii), the proportion of two bedroom workforce units to total workforce units may not exceed the proportion of two bedroom market rate units to total market rate units. As indicated in BOLD in the table above, the applicant complies with the proportion of workforce units to market rate units for two bedroom units. Thus, the proposed distribution of workforce housing units is not found to be in compliance. As a condition of approval, the workforce housing ratio requirements, the applicant shall convert one (1) 1 BR unit to an efficiency/studio unit to demonstrate compliance with the aforementioned criteria. Upon provision of this information on the plans, this requirement will be met. Covenant: Per LDR Section 4.7.6(x), a covenant will need to be recorded that specifies the income level served, rent levels, reporting requirements and all restrictions applicable to the workforce housing units. All leases shall contain language incorporating covenants applicable to the workforce housing unit and reference recorded covenants. As a condition of approval, a master plan approval technical item is attached that a covenant be submitted for approval by the City Attorney's Office and recorded. Community Redevelopment Agency: The consensus of the Community Redevelopment Agency (CRA) was to recommend approval of the Conditional Use request to allow a density exceeding 30 dwelling units per acre (67.6 du/ac proposed) at its meeting of January 9, 2014, Downtown Development Authority: The Downtown Development Authority (DDA) recommended approval of the Conditional Use request to allow a density exceeding 30 dwelling units per acre (67.6 du/ac proposed) at its meeting of January 13, 2014. Courtesy Notices: Courtesy notices have been provided to the following homeowner's and/or civic associations which have requested notice of developments in their areas: ❑ Osceola Park ❑ Delray Citizen's Coalition Public Notice: Formal public notice was provided to property owners within a 500' radius of the subject property. Letters of support or objection, if any, will be presented at the Planning and Zoning Board meeting. 21 Planning and Zoning Board Staff Report: Meeting of January 27, 2014 Conditional Use Request for Sofa District Offices and Lofts ASSESSMENT AND CONCLUSION The proposed conditional use request is to allow a density in excess of 30 units per acre within the CBD (67.6 du/ac is proposed). As described in this staff report, the request for an increase in density above 30 units per acre is supportable as the project meets the Performance Standards found in LDR Section 4.4.13(1). The provision of additional residential dwelling units within the downtown area will further the long term revitalization and stabilization of the CBD. The proposed use is consistent with the objectives and policies of the Comprehensive Plan and Chapter 3 of the LDRs. Positive findings can be made with respect to LDR Section 2.4.5(E)(5), regarding compatibility of the proposed development with the surrounding properties for the requested increase in density. It is noted that pursuant to LDR Section 4.4.13(1)(1), despite the fact that compliance with the performance standards is met, the Board may deny the application for increased density if the Board, does not agree that the proposed changes are compatible in terms of building mass and intensity of use with surrounding development. Based on the preliminary site plan submitted, staff has identified seven (7) waivers associated with the proposed Sofa District Lofts mixed -use development. One (1) of these waivers was requested by the applicant. The other six (6) waivers were determined to be applicable upon internal staff review of the conceptual site plans. All seven (7) of these waivers will be considered during the site plan review process, unless plan revisions are made with a subsequent Class V Site Plan application. Since the conditional use for increased density requires that an affordable housing component be included in the development, the provisions of Article 4.7, "FamilyN\Iorkforce Housing" must be considered with the conditional use. Staff notes that the work force housing component has been met with the exception of the market rate ratio for the studio /efficiency units. To resolve this deficiency, one (1) workforce housing unit shall be converted from a one bedroom unit to a stud i oleffi ciency unit to meet this requirement. A. Move to postpone a recommendation for the conditional use request associated with an increase in density to 67.6 du/ac for Sofa District Lofts and Offices where thirty (30) units per acre is allowed, by choosing to continue review of the development proposal and offer further direction. B. Move a recommendation of approval of the conditional use request in order to allow a density in excess of 30 units per acre (67.6 dulac) for Sofa District Lofts and Offices, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(E)(5), 4.4.13(1), and Chapter 3 of the Land Development Regulations, subject to conditions. C. Move a recommendation of denial of the conditional use request in order to allow a density in excess of 30 units per acre (67.6 du/ac) for Sofa District Lofts and Offices, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet criteria set forth in Sections 2.4.5(E)(5), 4.4.13(1), and Chapter 3 of the Land Development Regulations. 22 Planning and Zoning Board Staff Report: Meeting of January 27, 2014 Conditional Use Request for Sofa District Offices and Lofts R,ECOMMENDED ACTION Conditional Use. Move a recommendation of approval to the City Commission of the conditional use request to allow a density in excess of 30 units per acre (67.6 dulac) for Sofa District Lofts and Offices, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(E)(5), 4.4.13(1), and Chapter 3 of the Land Development Regulations, subject to the following conditions: 1. That the applicant submit an application for Class V Site Plan Approval which at a minimum addresses the following issues identified in this staff report: a. A contribution of approximately one -half the cost of a bus shelter must be paid prior to certification of the site plan for the development for the Sofa District Offices site. b. The amenity deck should be designed to minimize the transmission of noise into the surrounding area. c. Amplified music will not be permitted on the amenity deck areas. d. A note shall be placed on the site plan to indicate nine and one -half feet (9.5') of height in the parking garage to allow the access of handicap vans. e. A waiver to LDR Section 4.6.18.B.14.iv.2., whereas the minimum transparency or glass surface area on the ground floor wall area of all non - residential buildings shall be a minimum of 75% of the wall area for that elevation. The site data chart indicates that the percent of proposed transparent or glass surface area provided on the ground level is 57.87% along SE 1"Ave. A waiver to LDR Section 4.4.13.F.4.c.2., the floor area for each floor contained within the portion of the structure that is 25' to 48' in height shall not exceed (seventy percent) 70% of the floor area contained within the allowable ground level footprint. The 3rd 4t, and Stn levels fall within this height range. One hundred eighty -seven (187 %) is proposed, whereas seventy percent (70 %) is the maximum. g. A waiver to LDR Section 4.4.13(F)(8), balconies, loggias, trellises and roof eaves may encroach into the required setback area up to a maximum of four feet (4'). Five foot (5') balconies appear to encroach into the rear setback area along the alley on all upper floors. h. A waiver to LDR Section 4.6.16(H)(3)(d), a five foot (6) landscaped buffer shall be provided between the off- street parking area or other vehicular use area and abutting property. No landscaping is provided on the ground level to separate the ground floor bicycle storage area and the twenty -four foot (24') wide two -way driveway access ramp to the upper level parking garage along the west property line. Thus, a zero foot (0') landscape buffer is proposed. i. A waiver to LDR Section 4.4.13.F.4.c.2., for upper level setbacks, since the 3rd floor which ranges between 19'6" and 29'0" and encroaches within the upper level setback portion of the building which begins at 25'0 ". The minimum frontage requirement for the upper level (25' — 48' height) is not met on the 3rd floor because lower level (0' -25' height) setback requirements were inadvertently applied. j. A waiver to LDR Section 4.6.18(B)(14)(vi)(4)(b) requires fifty percent (50 %) of the garage portion of the building on the ground level to be dedicated to use for retail, office, entertainment or other non - residential uses. The applicant is proposing five 23 Planning and Zoning Board Staff Report: Meeting of January 27, 2014 Conditional Use Request for Sofa District Offices and Lofts percent (5 %) of the ground level to be dedicated for retail, office, entertainment or other non - residential uses. k. Five (5) additional parking spaces are required to support the recreational amenity deck and pavilion on the 4tr floor of the Sofa District Offices building. I. Provision of a minimum 12' x 30' loading space shall be provided off of the existing 16' alley in the rear with convenient access to a service elevator serving all five (5) floors. m. Sight visibility triangles are correctly drawn along the alley and SE 1St Avenue which meet the minimum dimensional and visibility requirements between 3' and 6'. 2. Verification from the Palm Beach County School District that the project will meet school concurrency. Attachments: • Location Map • Boundary Survey • Site Plan • Landscape Plan • Floor Plans • Architectural Elevations Staff Report Prepared ,by: • Gandi N. Jefferson, Senior Planner 24 Ll Ll i w I z I A T L A N T IC A V E N U E ILE w z w w z __ Q Lij w Q LLI Q Ll L S. 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HOUR fw °a �a ��i `a x'°�a� a 0 ° w ° �° o ' <ou oggfi s� =� ; €° e� = �a� �s €s € �° �;w° �� € °�s�:e NOR C1 ° W N � O Z � r o � H M y a F S W J N _ zw Z, m 0 � _ a � o � W J o K o m < v O O � N W ry z =J 3? a o W¢ am ow zo ®may W U -- - m pQ O� N SAFETY As FLORIDIANs EXPECT "Help Florida become the most motorist, pedestrian and bicyclist friendly state in the USA" 6. • January 27, 2014 Based on the (9) nine commitments made by SofA District Retail, Offices & Lofts and contingent upon the P & Z Board approval of the applicants proposal, Safety As Floridians Expect (SAFE) strongly supports the project and respectfully asks the P & Z Board to recommend approval. The applicant successfully has addressed every single issue SAFE proposed to reduce parking requirements and mitigate future traffic trips. SAFE estimates that the number of daily traffic trips will be 25% less, and the parking requirement 5% less than other properties such as the older high -rise condos on the island because SofA District Retail, Offices & Lofts will be implementing a complete package of Transportation Demand Management (TDM) initiatives that are not considered by today's LDR's parking calculations. SofA District Retail, Offices & Lofts, if approved, will become vet another project in Delray where owning a car will not be a necessity. For that reason, the project will attract young professionals, and members of the creative class, who will bring vitality and increased economic activity to Downtown Delray. For these reasons, SAFE believes that SofA District Retail, Offices & Lofts will join SofA I & II, The Strand, UpTown Delray, and Atlantic Crossing in attracting residents who will walk and bicycle more and drive less in Downtown Delray. SAFE urges the P & Z Board to approve the applicant's request. For the Board: James E. Smith SAFE Chairman Charles T. Bonfield SAFE President Sofa District Retail, Offices & Lofts Commitments to SAFE January 27, 2014 1. Offer a purchase price discount on a combination Office & Retail, Loft purchase, 2. Provide a minimum of (20) secured bicycle spaces in the Loft Building; and, (10) secured bicycle spaces in the Office Building, 3. Construct a shower/changing room in the Office Building, 4. Provide lockers for bicyclists and joggers in the Office Building, 5. Install an automatic door for the Loft & Office Buildings' bicycle storage rooms for ease of entry/exit, 6. Purchase and maintain an electrical vehicle (street-legal golf cart or similar vehicle) to provide local transportation for residents within the Loft Building for shopping and other local use within downtown Delray Beach on a first come, first served basis with the cost thereof including, without limitation, insurance expense, to be a pass-thru to the residents and the use thereof will be subject to rules and regulations promulgated from time to time with respect to the use of such vehicles, 7. Distribute a public transportation package to all purchasers at the time of closing that will include: info & route and schedule information for Palm Tran, Tri-Rail, the Delray Roundabout as well as new or substitute providers (such as Tri-Rail Coastal Link); info on how to carpool and vanpool; details of the emergency ride home program; and Tri-Rail Bicycle Locker Program Application Forms, 8. Provide the following info at each calendar year to SAFE until all of the units have been sold by the developer: a. The number of combined Retail or Office, and Loft purchases, b. The number of stored bicycles and, c. The number of times the EV was used during each calendar year, 9. No additional items will be added by S.A.F.E. as we move through the approval process. MEMORANDUM TO: Mayor and City Commissioners FROM: Terrill C. Pyburn, Interim City Attorney DATE: February 5, 2014 SUBJECT: AGENDA ITEM 9.E. - REGULAR COMMISSION MEETING OF FEBRUARY 24, 2014 PROPOSED CHANGES TO THE RULES OF PROCEDURE FOR THE CITY COMMISSION ITEM BEFORE COMMISSION The item before the Commission proposes to change the Commission Rules of Procedure to comport with recent ordinance changes. BACKGROUND The proposed changes to the attached Delray Beach City Commission Rules of Procedure include the following: 1) A clarification that the City Commission will follow the voting requirements as set forth in Section 3.12 of the City's Charter regarding voting requirements to comport with recent Charter changes recently adopted by the Commission via Ordinance 32 -13, which is scheduled to go before the voters via referendum on March, 11, 2014. 2) Changes to allow a new Board member that has been selected to replace a prior Board member that has not fulfilled their entire term of membership to serve the full regular board term of the prior Board member without reappointment so long as the unexpired term is for a period of time less than six (6) months to comport with recent amendments to Section 32.09 and 32.10 of the City's Code of Ordinances via Ordinance No. 15 -12. 3) A provision regarding Civility during the Commission meetings. The language for this provision is similar to language from the City of Palmetto Bay. 4) Changes to reflect that the public may speak for three (3) minutes at regular Commission meetings and two (2) minutes at workshop Commission meetings. RECOMMENDATION The City Attorney's Office recommends approval of the rule changes. RULES OF PROCEDURE - DELRAY BEACH CITY COMMISSION I. GENERAL PARLIAMENTARY RULES. The general parliamentary procedure to be followed by the City Commission of the City of Delray Beach, Florida, except as otherwise modified by the City Commission or as modified or amended herein, shall be in accordance with the rules of parliamentary procedures entitled "Robert's Rules of Order ", being the reprint of the 1907 edition. H. LOCAL RULES. A. The following Local Rules of Procedure shall be applicable to the organization and conduct of business, as well as preparation and publication of agendas, of the City Commission of the City of Delray Beach, Florida. To the extent these Local Rules shall modify or conflict with the standard "Robert's Rules of Order" as adopted above, these Local Rules shall prevail to the extent of their conflict or inconsistency with "Robert's Rules of Order ". In addition to these local rules, rules for quasi judicial proceedings shall apply to proceedings which require quasi judicial hearings. 1. Regular meetings of the City Commission shall be held on the first and third Tuesdays of each month, with the exception of the month of December and any Delray Beach municipal election dates, at 6:00 p.m., in City Hall. During the month of December only, the regular City Commission meetings shall occur on the first and second Tuesdays at 6:00 p.m. at City Hall. There shall be no regular City Commission meeting on the date of a Delray Beach municipal election. A meeting that would otherwise have been scheduled for such date shall be held on the Thursday immediately following the election at 6:00 p.m. at City Hall. 2. Workshop meetings of the City Commission shall be held on the second Tuesday of each month at 6:00 p.m. in City Hall, except that there shall be no workshops in the month of December. 3. All regular City Commission meetings shall be held in the City Commission Chambers at City Hall, unless otherwise designated by the City Commission. All workshop City Commission meetings will be held in either the First Floor Conference Room or the Commission Chambers at City Hall, as determined by the City Manager. All meetings of the City Commission shall end by 11:00 p.m. unless extended beyond 11:00 p.m. by a motion of the City Commission. Thereafter, the meeting shall end upon the conclusion of each hour (12:00, 1:00, etc.), unless extended by a motion of the City Commission for each hour. Any unfinished business shall be considered at a time and place set by the City Commission. 4. There may also be special workshop meetings at such other times as so designated in advance by the City Commission for the purposes of holding joint meetings with City boards, etc., to include receiving annual reports and presentations from the City's boards, committees, agencies and authorities, or for such other purposes as may be deemed necessary or desirable by the City Commission. 5. Special meetings shall be called at the request of the Mayor in accordance with the provisions of the City Charter and the Code of Ordinances. 6. To the extent compatible with the conduct of business, all workshop meetings shall be held on an informal basis. The applicability of the City's general rules shall not be strictly applied. Public comments after presentations will be limited to three (3) minutes at the Mayor's discretion or by consensus of the City Commission. Presentations made at workshop meetings shall be limited to fifteen (15) minutes, unless the Commission, by consensus, agrees to extend the time. In the event there is a special meeting agenda during a workshop meeting, public comment on only the special meeting agenda items, not to exceed 3 minutes per person in total, shall be allowed prior to the start of the special meeting agenda. 7. Although appropriate members of the City Attorney's Office and City Administration may place items on either the workshop or the regular agendas, all regular agendas shall be subject to review in advance by the Mayor prior to their publication, except that a majority of the members of the City Commission may request that the City Manager's office place or remove an item on such regular agendas, and that all such regular agendas shall be further subject to the approval of the City Commission preceding the conduct of business at each such meeting. If the Commission or any of its members wish to place or remove an item on an agenda, or if any member of the Commission has a question or concern about an item, any such request or inquiry shall be directed to the City Manager's office for disposition as opposed to any Commission member contacting any City officer or employee who is subject to the direction and supervision of the City Manager. 8. With regard to the agenda for regular City Commission meetings, the following shall apply: a. To the extent possible, the City Administration shall group all matters by subject area, and shall place as many as possible on the consent portion of the agenda. b. The agenda format shall be generally as follows: A call to order, invocation, pledge of allegiance, formal approval of minutes, and presentations, if any, public comments and inquiries from the floor, formal approval of the agenda, the consent agenda, the regular agenda, public hearings, first readings of ordinances, followed by items not specifically on the published agenda from the City Manager, the City Attorney, and members of the City Commission. The public comment and inquiry portion shall not extend beyond 7:00 p.m. and in the event there are persons who have not been able to voice their comments prior to 7:00, the public comment portion shall resume after the public hearing segment of the agenda. The public hearing segment of the agenda shall be duly advertised for and shall commence at 7:00 p.m. or as soon thereafter as possible. Any items received during the public comment portion of the regular agenda may, at the discretion of the Commission, be discussed by the City Commission at the time of such presentation, may be directed by the Commission to the City Manager for action or resolution, or may be added to a subsequent workshop agenda if a member of the City Commission so specifically requests. d. (1) Votes taken on ordinances, resolutions, and motions shall be by roll call and shall be recorded by the City Clerk. The roll call shall be on a rotating basis and according to the numbered Commission seats, i.e.: Motion A — Order of rotation: Seat 1, Seat 2, Seat 3, Seat 4, Seat 5 Motion B — Order of rotation: Seat 2, Seat 3, Seat 4, Seat 5, Seat 1 Motion C — Order of rotation: Seat 3, Seat 4, Seat 5, Seat 1, Seat 2, etc. (2) , The City Commission shall follow the voting requirements as set forth in Section 3.12 of the City's Charter. All public comment on agendaed or non - agendaed items shall be limited to not more than three (3) minutes, in total, per person at regular Commission meetings and two (2 minutes, in total, per person at workshop Commission meetings subject to an extension of such time upon the formal approval by a majority vote of the City Commission members present and voting on such request for extension of time. Public comment on quasi - judicial items and items that have been set for a formal public hearing shall only be allowed when those items are specifically heard by the Commission. f. The Mayor shall have the authority to limit immaterial, unnecessary, or redundant presentations or requests. 9. The C4: Commission of the Citv of Delrav Beach is committed to maintaining civili , in public and political discourse and expects the public to do the same. All comments b�: the public shall: a. Respect the right of all citizens in our community to hold different opinions, b. Avoid rhetoric intended to humiliate or question the wisdom of those whose opinions are different from ours; C. Strive to understand differing perspectives-, I Be truthful, not accusatory and avoid distortion: and e. Avoid violence, prejudice and incivility towards citizens, employ. and officials of the City of Delray Beach. III. CITY BOARD, COMMITTEE, COMMISSION AND AGENDA APPOINTMENTS. A. All appointments to city boards, commissions and committees whose members are not subject to appointment by other entities, and in accordance with any applicable restrictions by State Statute, shall be made in accordance with the following procedures: 1. All vacancies subject to appointment to such city boards, commissions and committees shall be made on a nomination basis by each of the members of the City Commission. This nomination shall be construed to be a Motion to Appoint . The Commission shall follow the voting reauirements as set forth in Section 3.12 of the City's Charter. A Commissioner may defer an appointment to the next regular meeting. If a Commissioner is not ready to make an appointment at the next regular meeting then the nomination shall rotate to the next appropriate Commissioner. 2. The rotation system shall be by numbered Commission seat and insofar as possible, each Commission seat shall be assigned an equal number of initial appointments from the date of adoption of these rules, i.e.: Board A — Order of Rotation: Seat 1, Seat 2, Seat 3, Seat 4, Seat 5 Board B — Order of Rotation: Seat 2, Seat 3, Seat 4, Seat 5, Seat 1 Board C — Order of Rotation: Seat 3, Seat 4, Seat 5, Seat 1, Seat 2 3. A separate rotation list shall be established by the City Clerk's office for each such City board, commission or committee, and the City Clerk's office shall maintain records of the rotation list, the status of same, and the nominations made by each Commissioner. In the instance where a vacancy is available at a City Commission meeting where the Commissioner who is next on the rotation is absent, then the City Commission shall postpone this appointment to the next regular meeting. Should 11111 E-1 2. The rotation system shall be by numbered Commission seat and insofar as possible, each Commission seat shall be assigned an equal number of initial appointments from the date of adoption of these rules, i.e.: Board A — Order of Rotation: Seat 1, Seat 2, Seat 3, Seat 4, Seat 5 Board B — Order of Rotation: Seat 2, Seat 3, Seat 4, Seat 5, Seat 1 Board C — Order of Rotation: Seat 3, Seat 4, Seat 5, Seat 1, Seat 2 3. A separate rotation list shall be established by the City Clerk's office for each such City board, commission or committee, and the City Clerk's office shall maintain records of the rotation list, the status of same, and the nominations made by each Commissioner. In the instance where a vacancy is available at a City Commission meeting where the Commissioner who is next on the rotation is absent, then the City Commission shall postpone this appointment to the next regular meeting. Should this Commissioner not be present at the subsequent meeting, then the nomination ability shall pass to the next Commissioner on the rotation system present at that meeting. 4. In the event that an individual, duly nominated and appointed to a board, commission or committee by a Commissioner at a City Commission meeting, is unable to accept or declines the appointment, for whatever reason, then the Commissioner who appointed the individual unable to serve shall have the opportunity to nominate a replacement appointee to fill the vacancy before the nomination ability passes to the next Commissioner on the rotation system. Such replacement appointment shall be made no later than the second regular meeting subsequent to the meeting at which the declined appointment was made. If the replacement appointment is not made within this time frame, then the nomination ability shall pass to the next Commissioner on the rotation system. 5. Appointments for vacancies occurring on a board wherein the particular member has, for whatever reason, not fulfilled their entire term of membership on that particular board, commission or committee, shall be to complete the unexpired term only. -, unless the unexpired term is for a period of time less than six months. In that event, the appointed member shall then be allowed to serve the following full regular term without reappointment. -�.6. These rules, when adopted, shall supersede any other general rules or local rules which are inconsistent herewith, to the extent of such inconsistency. IV. CITY MANAGER /CITY ATTORNEY ANNUAL REVIEW. The City Commission shall annually, in the month of May, conduct a performance evaluation and salary review of the City Manager and City Attorney. Approved and adopted by the City Commission of the City of Delray Beach, Florida, at the Meeting held on , 2014. ATTEST: Chevelle D. Nubin, MMC City Clerk MEMORANDUM TO: Mayor and City Commissioners FROM: Terrill C. Pyburn, Interim City Attorney DATE: February 11, 2014 SUBJECT: AGENDA ITEM 9.F. - REGULAR COMMISSION MEETING OF FEBRUARY 24, 2014 SETTLEMENT PROPOSAL IN CLAIM OF ESTATE OF BRUCE KOESER ITEM BEFORE COMMISSION This is a settlement proposal being put forward by the City to settle a claim for unpaid life insurance to the Estate of Bruce Koeser. BACKGROUND Bruce Koeser, the City's Director of Human Resources, passed away unexpectedly on May 22, 2013. Thereafter, his wife, Linda Koeser, attempted to collect his life insurance on behalf of the Estate of Bruce Koeser on or around June, 2013. Cigna, the City's life insurance provider, responded to the request in July, 2013 by denying the claim for excess coverage on the basis that the appropriate paperwork was never forwarded to them despite the fact that on or around June 6, 2011, Bruce Koeser submitted a supplemental life insurance application for four (4) times his salary entitling his estate to $410,000 in life insurance benefits upon his death. This document was submitted to Portia Dinkins, the City's former Benefits Manager in June, 2011. Further, Mr. Koeser began having additional deductions from his paycheck to cover the costs of the supplemental life insurance as of June 10, 2011. Despite these deductions from Mr. Koeser's paycheck every two (2) weeks, Ms. Dinkins never submitted the paperwork to Cigna as required. The City self - administers the life insurance; meaning that the City pays Cigna in bulk for X amount of employees and Cigna does not know who is entitled to what insurance until a claim is made upon that person's death. In this instance, the City never forwarded Cigna the paperwork for Mr. Koeser's supplemental life insurance, therefore, the bulk payment, which included Mr. Koeser's bi- weekly payroll deduction, was not accounted for by Cigna. Based upon the City's failure to submit the appropriate paperwork, our office is requesting permission to pay the Estate of Bruce Koeser the $210,000 additional coverage that Mr. Koeser signed up to obtain ($200,000 was paid by Cigna). We discussed this with Bill Ritzmann, our Claims Adjuster for our Third Party Benefits Administrator, PGCS, and he is in agreement that this money is due to Mr. Koeser's estate. Two Hundred Thousand Dollars ($200,000.00) of the settlement will come from our self - insurance. The remaining Ten Thousand Dollars ($10,000.00) will come from our insurance provider, Florida League of Cities under the Florida Municipal Insurance Trust Fund pursuant to our Errors and Omissions policy. RECOMMENDATION The City Attorney's office recommends approval of the proposal for settlement. MEMORANDUM TO: Mayor and City Commissioners FROM: Janice Rustin, Assistant City Attorney THROUGH: Terrill Pyburn, Interim City Attorney DATE: February 13, 2014 SUBJECT: AGENDA ITEM 10.A. - REGULAR COMMISSION MEETING OF FEBRUARY 24, 2014 ORDINANCE NO. 05-14 ITEM BEFORE COMMISSION The attached Ordinance No. 05 -14 is amending Section 36.04 "Protest Procedures" and Section 36.07, "Termination, Extension, and Renewal" of Chapter 36 "Acquisition of Goods and Services and Disposal of City Property". This ordinance is before you for second reading /public hearing at this time. BACKGROUND This ordinance amendment is before Commission for consideration to amend Section 36.04 "Protest Procedures" to provide that the City Manager or his/her designee must acknowledge bid protests within five (5) days of receipt, the bid protest committee must meet publicly as soon as possible or no later than twenty (20) days after receipt of a bid protest, and that the City Manager must provide the determination of the protest committee to all bidders, responders or bid protesters within ten (10) days after the protest committee meeting. Any appeals of the bid protest committee's determination shall be heard by the City Commission at the next available Commission meeting. This ordinance further clarifies that all purchase orders and contracts up to $24,999.99 approved by the City Manager may be terminated by the City Manager. RECOMMENDATION The City Attorney's office recommends approval of Ordinance No. 5 -14. ORDINANCE NO. 05 -14 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 36, "ACQUISITION OF GOODS AND SERVICES AND DISPOSAL OF CITY PROPERTY ", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 36.04, "PROTEST PROCEDURES ", TO PROVIDE FOR TIME REQUIREMENTS FOR THE CITY'S RESPONSE TO BID PROTESTS; AND AMENDING SECTION 36.07, "TERMINATION, EXTENSION, AND RENEWAL" TO CLARIFY WHICH CONTRACTS MAY BE TERMINATED BY THE CITY MANAGER; PROVIDING A GENERAL, REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission believes that the City must respond to bid protests within a reasonable time; and WHEREAS, the City Commission finds it necessary to add time requirements to the bid protest procedures to ensure that the City responds to bid protests in a timely manner; and WHEREAS, the City Commission believes that all contracts subject to City Manager's approval shall also be able to be terminated by the City Manager NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Title III, "Administration ", Chapter 36, "Acquisition of Goods and Services and Disposal of City Property ", Section 36.04, "Protest Procedures ", of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: Sec. 36.04 PROTEST PROCEDURES. (A) Standing. Parties that are not actual bidders, proposers or responders, including, but not limited to, subcontractors, material and labor suppliers, manufacturers and their representatives, shall not have standing to protest or appeal any determination made pursuant to this Section. (B) Procedure. (1) Protest of Failure to Qualify. Upon notification by the City that a bidder, proposer or responder is deemed non - responsive and /or non - responsible, the bidder, proposer or responder who is deemed non - responsive and /or non - responsible may file a protest with the Purchasing Manager by close of business on the third business day after notification (excluding the day of notification) or any right to protest is forfeited. It shall be the sole responsibility of such bidder, proposer or responder to verify the operating hours of City Hall. (2) Protest of Award of Agreement. After a Notice of Intent to Award an Agreement is posted, any actual bidder, proposer or responder who is aggrieved in connection with the pending award of the agreement or any element of the process leading to the award of the agreement may file a protest with the Purchasing Manager by close of business on the third business day after posting (excluding the day of posting) or any right to protest is forfeited. It shall be the sole responsibility of such bidder, proposer or responder to verify the operating hours of City Hall. The Ci , Manager or his/her designee shall have five (5) days to acknowledge receipt of a bid protest. A Notice of Intent to Reject all Bids, Proposals or Responses is subject to the protest procedure. (3) Content and filing. The protest shall be in writing, shall identify the name and address of the protester, and shall include a factual summary of, and the basis for, the protest. Filing shall be considered complete when the protest and the Protest Bond are received by the Purchasing Manager. The time stamp clock located in the Finance /Purchasing office shall govern. (C) Protest Bond. Any bidder, proposer or responder filing a protest shall simultaneously provide a Protest Bond to the City in the amount set forth in the Sealed Competitive Method documents. If the protest is decided in the protester's favor, the entire Protest Bond shall be returned to the protester. If the protest is not decided in the protester's favor, the Protest Bond shall be forfeited to the City. The Protest Bond shall be in the form of a cashier's check, and shall be in the amount specified in the Sealed Competitive Method documents. (D) Protest Committee. The Protest Committee shall review all protests at a public meeting as soon as possible or no later than twent� (20) days after a bid protest is filed. The City Manager shall appoint the members of the Protest Committee. No member of the City Commission shall serve on the Protest Committee. The Protest Committee members shall not be the same as the Evaluation Selection Committee members. The City Attorney or designee shall serve as counsel to the Committee. The meeting of the Protest Committee shall be opened to the public and all of the actual bidders, responders or proposers shall be notified of the date, time and place of the meeting. If the Protest Committee determines that the protest has merit, the City Manager shall direct that all appropriate steps be taken. The protest appeal shall be heard at the next available City Commission meeting, All of the actual bidders, responders or proposers shall be notified of the determination by the Protest Committee no later than ten (10) days after the Protest Committee meeting. The Protest Committee shall terminate upon the award of the contract, or such other time as determined by the City Commission. (E) Stay of award of Agreement or Sealed Competitive Method. In the event of a timely protest, the City Manager shall stay the award of the Agreement or the Sealed Competitive Method unless the City Manager determines that the award of the Agreement without delay or the continuation 2 ORDINANCE NO. 05 -14 of the Sealed Competitive Method is necessary to protect any substantial interest of the City. The continuation of the Sealed Competitive Method or award process under these circumstances shall not preempt or otherwise affect the protest. (F) Appeals to City Commission. Any actual bidder, proposer or responder who is aggrieved by a determination of the Protest Committee may appeal the determination to the City Commission by filing an appeal with the City Clerk by close of business on the third Business Day after the protester has been notified (excluding the day of notification) of the determination by the Protest Committee. The appeal shall be in writing and shall include a factual summary of, and the basis for, the appeal. Filing of an appeal shall be considered complete when the appeal is received by the City Clerk. (G) Failure to file protest. Any actual bidder, proposer or responder that does not formally protest or appeal in accordance with this Section shall not have standing to protest the City Commission's award. Section 2. That Tide III, "Administration ", Chapter 36, "Acquisition of Goods and Services and Disposal of City Property ", Section 36.07, "Termination, Extension, and Renewal" of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: Sec. 36.07 TERMINATION, EXTENSION AND RENEWAL. (A) City Commission approved contracts. (1) Termination. Contracts approved by the City Commission may be terminated only by the City Commission. If the City Manager desires to terminate a City Commission approved contract, the City Manager may suspend the work under the contract until the City Commission makes a final determination. (2) Extensions. The City Manager may extend a City Commission approved contract for up to 90 days. The extension of any City Commission approved contract for longer than 90 days shall be subject to prior approval by the City Commission. In the event of an Emergency, the City Manager may extend a City Commission approved contract without City Commission approval, subject to later ratification by the City Commission. (3) Renewals. When a contract is entered into by the City pursuant to City Commission approval and provides for one or more renewals by affirmative action of the City, only the City Commission may approve such renewals. (4) Suspensions. The City Manager may suspend a City Commission approved contract for up to 90 days. Suspension of a City Commission approved contract for longer than 90 days shall be subject to City Commission approval. 3 ORDINANCE NO. 05 -14 (B) City Manager approved contracts. For purposes of this section, City Manager approved contracts shall include all contracts and purchase orders up to $24.999.99 approved b Department Heads and the Ci , Manager. (1) Termination. Contracts that were approved by the City Manager and not approved by the City Commission may be terminated by the City Manager. (2) Extensions. The City Manager is authorized to extend for up to 120 days any contract entered into by the City that was not approved by the City Commission. (3) Renewals. When a contract is entered into by the City pursuant to City Manager approval and provides for one or more renewals by affirmative action of the City, the City Manager is authorized to approve such renewals without City Commission approval. (4) Suspensions. Contracts that were not approved by the City Commission may not b e suspended by the City Manager. Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. 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 this ordinance shall become effective upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this day of .2014. ATTEST: City Clerk First Reading Second Reading MAYOR 4 ORDINANCE NO. 05 -14 Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: Janice Rustin, Assistant City Attorney THROUGH: Terrill C. Pyburn, Interim City Attorney DATE: February 10, 2014 SUBJECT: AGENDA ITEM SP.13 - SPECIAL MEETING OF FEBRUARY 11, 2014 ORDINANCE 05 -14 Page I of I ITEM BEFORE COMMISSION The attached Ordinance 05 -14 is amending Section 36.04 "Protest Procedures" of Chapter 36 "Acquisition of Goods and Services and Disposal of City Property ". BACKGROUND This ordinance amendment is before Commission for consideration to amend Section 36.04 "Protest Procedures" to provide that the bid protest committee must meet publicly as soon as possible or no later than thirty (30) days after receipt of a bid protest and that the City Manager must provide the determination of the protest committee to all bidders, responders or bid protesters within ten (10) days after the protest committee meeting. RECOMMENDATION The City Attorney's Office recommends City Commission approval. http:// itwebapp/ AgendaIntranet /Bluesheet.aspx ?ItemID= 7593 &MeetingID =496 2/19/2014 MEMORANDUM TO: Mayor and City Commissioners FROM: Terrill C. Pyburn, Interim City Attorney THROUGH: DATE: February 6, 2014 SUBJECT: AGENDA ITEM 10.B. - REGULAR COMMISSION MEETING OF FEBRUARY 24, 2014 RESOLUTION NO. 09 -14 /CONTRACT FOR SALE AND PURCHASE FOR 108 -110 NW 12TH AVENUE ITEM BEFORE COMMISSION The item before Commission is approval of Resolution No. 09 -14 and Contract for Sale and Purchase between the City of Delray Beach and the Delray Beach Community Redevelopment Agency for purchase of property located at 108 -110 NW 12th Avenue. BACKGROUND Resolution No. 09 -14 adopts and includes the Agreement for Purchase and Sale of Real Property between the City and the CRA for property located at 108 -110 NW 12th Avenue. The cost of the purchase is Ten Dollars ($10.00) and is for the Eagle's Nest Program Project #3 at Atlantic High School so that the Eagle's Nest Program Career Academy students can construct a home on the property for affordable housing purposes. This transaction has been advertised and is ready for approval by the City Commission. Further, the associated Interlocal Agreement between the City, the CRA, and the School District was approved at the December 10, 2013 City Commission meeting. RECOMMENDATION Staff recommends approval of the Agreement for Purchase and Sale contingent upon approval of Resolution No. 09 -14. RESOLUTION NO. 09 -14 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 SELLER AND THE CITY OF DELRAY BEACH, FLORIDA. WHEREAS, the City of Delray Beach, Florida, wishes to acquire certain property located at 108 -110 NW 12`h Avenue, Delray Beach, to provide for affordable housing, a valid public purpose; 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 DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Florida, as Buyer, hereby agrees to purchase from the Delray Beach Community Redevelopment Agency, as Seller, for the purchase price of Ten Dollars ($10.00), and other good and valuable consideration; said parcel being more particularly described as follows: Commencing at the southeast corner of the East half (1/2) of the southeast quarter (1/4) of Lot 2, Subdivision of Section 17, Township 46 South, Range 43 East, as recorded in Plat Book 1, Page 4, of the Public Records of Palm Beach County; thence run northerly along the East line of said Lot 2, a distance of 100.0 feet to appoint; thence run westerly along a line parallel with the South line of said Lot 2 a distance of 25.0 feet to the point of beginning; thence continue westerly along the same course a distance of 99.55 feet to a point; thence run northerly along a line parallel with the West line of said East half (1/2) of the Southeast quarter (1/4) of Lot 2 a distance of 75.3 feet to a point; thence run easterly along a line parallel with the South line of said Lot 2 a distance of 99.41 feet to a point; thence run southerly along a line parallel with and 25.0 feet West of the East line of said Lot 2 a distance of 75.0 feet to the point of beginning. 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 "A ". PASSED AND ADOPTED in regular session on the day of , 2014. Attest: City Clerk MAYOR 2 RES. NO. 09 -14 AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY THIS AGREEMENT is made and entered into as of this _ day of 2014 ( "Agreement ") by and between the Delray Beach Community Redevelopment Agency, a Florida public body corporate and politic created pursuant to Section 163.356 F.S, whose post office address is 20 North Swinton Avenue, Delray Beach, Florida 33444 (hereinafter referred to as "SELLER ") and the City of Delray Beach, a Florida municipal corporation, whose post office address is 100 NW 1St Avenue, Delray Beach, Florida 33444 -1533 (hereinafter collectively referred to as "PURCHASER "). WITNESSETH In consideration of the mutual agreements and upon and subject to the terms and conditions herein contained, the parties hereto agree as follows: 1. The following terms when used in this Agreement for Purchase and Sale shall have the following meanings: 1.1 Pro e . That certain real property located at 108 -110 NW 126' Avenue Delray Beach, Florida, together with all improvements thereon and attached personal property (collectively the "Property) which Property is more particularly described with the legal description in Exhibit "A," attached hereto and made a part hereof. 1.2 Closing. The delivery of a Special Warranty Deed to PURCHASER concurrently with the delivery of the purchase price and other cash consideration to SELLER. 1.3 Closing Date. The Closing Date shall occur on or before thirty (30) days after the expiration of the Inspection Period. 1.4 Deed. A Special Warranty Deed, in its statutory form, which shall convey the Property from SELLER to PURCHASER. 1.5 Effective Date. The Effective Date of this Agreement shall be the date upon its execution by all parties to this Agreement: SELLER, PURCHASER and the Escrow Agent. 1.6 SELLER'S Address. Seller's mailing address is 20 N. Swinton Avenue, Delray Beach, Florida 33444, with copy to Goren, Cherof, Doody & Ezrol, P.A., Attn: David N. Tolces, Esq., at 3099 East Commercial Boulevard, Suite 200, Fort Lauderdale, Florida 33308. 1.7 PURCHASER'S Address. Purchaser's mailing address is 100 N.W. 1" Page 1 Avenue, Delray Beach, Florida 33444, with copy to Brian Shutt, City Attorney, 200 N.W. 1'` Avenue, Delray Beach, FL 33444. 1.8 Other Definitions. The terms defined in any part of this Agreement shall have the defined meaning wherever capitalized herein. Wherever appropriate in this Agreement, the singular shall be deemed to refer to the plural and the plural to the singular, and pronouns of each gender shall be deemed to comprehend either or both of the other genders. As used in this Agreement, the terms "herein ", "hereof' and the like refer to this Agreement in its entirety and not to any specific section or subsection. 2. PURCHASE PRICE. Subject to the provisions of this Agreement, the SELLER hereby agrees to sell to PURCHASER, and PURCHASER hereby agrees to purchase from SELLER, the Property previously identified on Exhibit "A" for the total Purchase Price of Ten and 00 /100 ($10.00) Dollars, other good and valuable consideration, and upon and subject to the terms and conditions hereinafter set forth. PURCHASER shall pay the Purchase Price to SELLER at Closing pursuant to the terms of this Agreement by check or wire transfer of readily negotiable funds to an account identified in writing by SELLER. 2.1 The Purchase includes: (a) All buildings and improvements located on the Property; (b) All right -of -ways, alleys, waters, privileges, easements and appurtenances which are on or benefit all the Property; (c) All right, title and interest, if any, of SELLER in any Land lying in the bed of any public or private street or highway, opened or proposed, in front any of the adjoining Property to the center line thereof. The sale also includes any right of SELLER to any unpaid award to which SELLER may be entitled: (1) due to taking by condemnation of any right, title or interest of SELLER and (2) for any damage to the Property due to change of grade of any street or highway. SELLER will deliver to PURCHASER at closing, or thereafter on demand, proper instruments for the conveyance of title and the assignment and collection of award and damages: (d) To the extent transferable, all licenses, permits, contracts and leases, if applicable, with respect to the property. Page 2 3. INSPECTIONS. PURCHASER shall have forty five (45) days commencing on the Effective Date to perform inspections of the Property as the PURCHASER deems necessary ( "Inspection Period "). During the Inspection Period, PURCHASER shall, at its sole cost and expense, determine that utility services including, water, waste water, electric, telephone and all other utilities are available in the proper size and capacity= to serve the existing facilities and installed to the property lines. At all times during the Inspection Period, PURCHASER and its agents shall be provided with reasonable access during normal business hours to the Property for purposes of on -site inspection, upon reasonable prior notice to SELLER. The scope of the inspection contemplated herein shall be determined by the PURCHASER as deemed appropriate under the circumstances. This Agreement is contingent upon PURCHASER, at its sole cost and expense, obtaining and accepting a satisfactory Phase I Environmental Audit, and if deemed necessary at its discretion, a Phase H Environmental Audit for which it will be granted an additional sixty (60) days for inspections. In the event that any inspections and any review of documents conducted by the PURCHASER relative to the Property during this Inspection period prove unsatisfactory in any fashion, the PURCHASER, at its sole discretion, shall be entitled to terminate this Agreement prior to the end of the forty-five (45) day Inspection Period. PURCHASER will provide written notice by mail or facsimile to SELLER and/or SELLER'S counsel in the event the PURCHASER determines that the Property is unsuitable during the Inspection Period or proceed to Closing as set forth herein. 4. SELLER'S REPRESENTATIONS. To induce PURCHASER to enter into this Agreement, SELLER makes the following representations, all of which, to the best of SELLER'S knowledge, in all material respects and except as otherwise provided in this Agreement (i) are now true, and (ii) shall be true as of the date of the Closing unless SELLER receives information to the contrary, and (iii) shall survive the Closing. In that event, PURCHASER shall be provided immediate notice as to the change to the following representations: 4.1 At all times from the Effective Date until prior to Closing, SELLER shall keep the Property (whether before or after the date of Closing) free and clear of any mechanic's or materiahnen's liens for work or materials furnished to or contracted for, by or on behalf of SELLER prior to the Closing, and SELLER shall indemnify, defend and hold PURCHASER harmless from and against all expense and liability in connection therewith (including, without limitation, court Page 3 costs and reasonable attorney's fees). 4.2 SELLER has no actual knowledge nor has SELLER received any notice of any litigation, claim, action or proceeding, actual or threatened, against SELLER or the Property by any organization, person, individual or governmental agency which would affect (as to any threatened litigation, claim, action or proceeding, in a materially adverse fashion) the use, occupancy or value of the Property or any part thereof or which would otherwise relate to the Land. 4.3 SELLER has full power and authority to enter into this Agreement and to assume and perform his obligations hereunder in this Agreement. SELLER does not and will not conflict with or result in the breach of any condition or provision, or constitute a default under, or result in the creation or imposition of any lien, charge, or encumbrance upon any of the Property or assets of the SELLER by reason of the terms of any contract, mortgage, lien, lease, agreement, indenture, instrument or judgment to which the SELLER is a party of which is or purports to be binding upon the SELLER or which affects the SELLER; no action by any federal, state or municipal or other governmental department, CRA. board, bureau or instrumentality is necessary to make this Agreement a valid instrument binding upon the SELLER in accordance with its terms. 4.4 SELLER represents that SELLER will not, between the date of this Agreement and the Closing, without PURCHASER'S prior written consent, which consent shall not be unreasonably withheld or delayed, except in the ordinary course of business, create by their consent any encumbrances on the Property. For purposes of this provision the term "encumbrances" shall mean any liens, claims, options, or other encumbrances, encroachments, rights -of -way, leases, easements, covenants, conditions or restrictions. 4.5 SELLER represents that there are no parties other than SELLER in possession of the Property or any portion of the Property as a lessee. 4.6 SELLER shall not list or offer the Property for sale or solicit or negotiate offers to purchase the Property while this Agreement is in effect. SELLER shall use their best efforts to maintain the Property in its present condition so as to ensure that it shall remain substantially in the same condition from the conclusion of the forty (45) day Inspection Period to the Closing Date. 5. EVIDENCE OF TITLE. 5.1 Title to the Property. SELLER shall convey to PURCHASER at Closing, by delivery of a Special Warrant), Deed, title to the subject Property. SELLER shall, within fifteen (15) days of the commencement of the Inspection Period, secure a title insurance commitment issued by a title insurance underwriter approved and selected by SELLER for the Property insuring Page 4 PURCHASER'S title to the Property subject only to those exceptions set forth in the commitment. The costs and expenses relative to the issuance of a title commitment and an owner's title policy shall be borne by the PURCHASER. PURCHASER shall have fifteen (15) days from the date of receiving said commitment to examine the title commitment. If PURCHASER objects to any exception to title as shown in the title commitment, PURCHASER within ten (10) days of expiration of the Inspection Period shall notify SELLER in writing specifying the specific exception(s) to which it objects. Any objection(s) of which PURCHASER has so notified SELLER, and which SELLER chooses to cure, shall be cured by SELLER so as to enable the removal of said objection(s) from the title commitment within ten (10) days after PURCHASER has provided notice to SELLER. Within five (5) days after the expiration of SELLER'S time to cure any objection, SELLER shall send to PURCHASER a notice in writing (a "cure notice ") stating either (1) that the objection has been cured and in such case enclosing evidence of such cure, or (ii) that SELLER is either unable to cure or has chosen not to cure such objection. If SELLER shall be unable or unwilling to cure all objections within the time period set forth in the preceding sentence, then PURCHASER may (a) terminate this Agreement by written notice to the SELLER within five (5) days after receipt of a cure notice specifying an uncured objection, in which event all instruments and monies held by the Escrow Agent shall be immediately returned to PURCHASER; or (b) subject to the provisions set forth below, proceed to close the transaction contemplated herein despite the uncured objection. 5.2. Survey and Legal Description. Within ten (10) days of the commencement of the Inspection Period, PURCHASER at its own expense shall order: (i) a survey prepared by a registered land surveyor or engineer licensed in the State of Florida showing the boundaries of the Property, and the location of any easements thereon and certifying the number of acres (to the nearest one thousandth acre) of land contained in the Property, all buildings, improvements and encroachments; and (ii) a correct legal description of the Property which, upon approval thereof by PURCHASER and SELLER (not to be unreasonably withheld), shall be the legal description used in the deed of conveyance. The survey and legal description shall be prepared and certified by a surveyor licensed and registered in the State of Florida and shall comply with the requirements of the survey map established in connection with the issuance of an owner's title insurance policy on the Property. The survey shall be certified to PURCHASER and the title insurance company issuing the title insurance. Page 5 6. PURCHASER'S REPRESENTATIONS. PURCHASER hereby represents and warrants to the best of its knowledge that all of the following are true and correct: (a) PURCHASER has full power and authority to enter into this Agreement and to assume and perform all of its obligations hereunder. (b) The execution and delivery of this Agreement and the consummation of the transaction contemplated hereunder on the part of the PURCHASER do not and will not violate the corporate or organizational documents of PURCHASER and will not conflict with or result in the breach of any condition or provision, or constitute a default under, or result in the creation or imposition of any lien, charge or encumbrance upon any of the terms of any contract, mortgage, lien, lease, agreement, indenture, instrument or judgment to which the PURCHASER is a party. (c) No action by any federal, state, municipal or other governmental department, board, bureau or instrumentality is necessary to make this Agreement a valid instrument binding upon PURCHASER in accordance with its terms and conditions. All of the representations, warranties and covenants of PURCHASER contained in this Agreement or in any other document, delivered to SELLER in connection with the transaction contemplated herein shall be true and correct in all material respects and not in default at the time of Closing, just as though they were made at such time. 7. CONDITIONS PRECEDENT TO CLOSING. Each of the following events or occurrences ( "Conditions Precedents ") shall be a condition precedent to PURCHASER'S obligation to close this transaction: (a) That the PURCHASER has not timely notified SELLER that it is not satisfied with the Inspection Period investigation conducted on the Property during the Inspection Period. (b) SELLER has performed all covenants, agreements and obligations, and complied with all conditions required by this Agreement to covey clear and marketable title of the Property to PURCHASER, prior to closing. (c) Approval of this Agreement by the Delray Beach Community Redevelopment Agency. Page 6 (d) Approval of this Agreement by the Delray Beach City Commission. 8. RISK OF LOSS. Risk of loss or damage from fire, other casualty, or both: is assumed by SELLER until the deed described in Paragraph 5.1 hereof is delivered by SELLER to PURCHASER. In the event any portion of the Property is destroyed, rendered unleaseable or dysfunctional by fire or other casualty then the following shall apply: (a) If the damage, as determined by the insurance adjuster, is not more than $25,000 dollars, (i) PURCHASER shall complete settlement and all insurance proceeds relating to the improvements damaged by such casualty loss shall be paid to the PURCHASER, and (ii) SELLER shall assign to PURCHASER on the date of Closing the full amount of any proceeds payable under SELLER'S fire and extended coverage insurance policy applicable to said damage; (b) If the damage, as determined by the insurance adjuster, is more than $25,000 dollars, PURCHASER shall have the option to (i) complete the settlement hereunder and collect all available insurance proceeds relating to the improvements damaged by such casualty loss, in which case SELLER shall pay to PURCHASER on the date of Closing the full amount of any deductible under SELLER'S fire and extended coverage insurance policy, or (ii) terminate this Agreement and receive a refund of entire deposit and interest. SELLER warrants that they shall maintain until the date of the Closing adequate "All Risk" property insurance; and: (c) In the event the Property, or any portion thereof, is condemned by any governmental authority under its power of eminent domain or becomes the subject of a notice of condemnation, prior to Closing, PURCHASER may elect to terminate this Agreement, or PURCHASER may elect to complete settlement hereunder, in which event SELLER shall assign to PURCHASER all of SELLER'S right, title and interest in and to any condemnation awards, whether pending or already paid applicable to the loss of the real property and the improvements located thereon, and there shall be no adjustment to the Purchase Price. Page 7 9. CLOSING DOCUMENTS. At closing, SELLER shall deliver to PURCHASER a Special Warranty Deed, Bill of Sale, if applicable, No Lien/Gap Affidavit, Non - Foreign Certification in accordance with Section 1445 of the Internal Revenue Code, 1099 Form and any other documents as listed as title requirements in Schedule B -I of the Title Commitment to assure the conveyance of good and marketable fee simple title of the Property to the PURCHASER. 10. CLOSING COSTS, TAXES AND PROBATIONS. PURCHASER agrees that it shall pay for all closing costs associated with the subject transaction. 11. CLOSING DATE AND PLACE. The Closing shall take place within thirty (30) days from the expiration of the Inspection Period and at the law offices of Goren, Cherof, Doody & Ezrol, P.A located at 76 NE 5tr' Avenue, Delray Beach, Florida 33483. 12. DEFAULT. In the event of a default by SELLER, PURCHASER shall have the right to enforce the terms and conditions of this Agreement either through a decree for specific performance or injunctive relief. In the event of a default by PURCHASER,, SELLER shall have the right to enforce the terms and conditions of this Agreement either through a decree for specific performance or injunctive relief. 13. CONTINGENCIES. PURCHASER'S obligations under the Agreement are contingent upon the following: (a) That the PURCHASER is fully satisfied with its due diligence investigation conducted during the Inspection Period. (b) The conveyance of clear and marketable title to the Property. (c) The Board of Commissioners of the Delray Beach Community Redevelopment Agency authorizes the transaction in accordance with the terms and provisions set forth in this Agreement. (d) The City Commission of the City of Delray Beach authorizes the transaction in accordance with the terms and provisions set forth in this Agreement. 14. RIGHT TO REPURCHASE. As this Property will be subject to the provisions of an Interlocal Agreement to be entered into contemporaneously by the PURCHASER, SELLER, Page 8 and the School District of Palm Beach County ( "DISTRICT "), SELLER expressly reserves the right at its sole option and election, to repurchase the Property for the same Purchase Price as paid by PURCHASER to SELLER hereunder, in the event the DISTRICT shall fail to construct and obtain a certificate of occupancy for a single family residence within thirty six (36) months of the Closing Date; subject, however, to extensions for delays attributable to force majeure as hereinafter provided. Accordingly, prior to closing, PURCHASER and SELLER shall enter into a separate document which is to be recorded in the Public Records of Palm Beach County, Florida, and provide for the ability of the SELLER to repurchase the Property for the same Purchase Price from the PURCHASER. Notwithstanding the provisions of the immediately preceding sentences, the dates provided above may be extended on a day for day basis for delays occasioned by acts of God, catastrophe and inclement weather which is in excess of those days normally forecasted by the National Weather Service for the given month in South Florida which interfere with construction, unforeseen physical conditions on the site, unavailability or shortages of material or labor, labor disputes, governmental approvals or restrictions and any appeals thereof, claims or lawsuits by any third party (whether individual or otherwise) threatened or instituted to prevent the issuance of any approvals or permits, the commencement of construction or otherwise stop construction of the development after commencement, or other matters beyond the reasonable control of PURCHASER (collectively "Force Majeure "). By the tenth (10) business day of each of month, PURCHASER shall deliver or cause to be delivered to SELLER a list of the days during each proceeding month as to which PURCHASER believes the Force Majeure provisions apply and the reasons therefore. SELLER shall, within ten (10) business days after receipt of any such list provide notice to PURCHASER as to whether SELLER disputes that any of the days set forth on that list would give rise to an extension of time for PURCHASER's performance based on Force Majeure. Any days claimed to be subject to the foregoing Force Majeure provision by PURCHASER which are not so disputed by SELLER Avithin said time period shall be deemed approved by SELLER. hi the event of a dispute between SELLER and PURCHASER as to whether there has been a commencement of construction as provided in this Section or whether a claim for delay is valid or otherwise in connection with this Agreement and the transactions contemplated thereby shall be endeavored to be resolved and settled by mediation using a mutually acceptable third -party mediator. Such mediator shall be appointed upon the written demand of either party. Upon such appointment, the mediation shall be held within fifteen (15) days at a mutually agreeable site in Palm Beach County, Florida. The fees and expenses of such mediator shall be born equally by the parties hereto. In the event of the Page 9 failure of the parties to settle the dispute by mediation, either party may bring the dispute for legal redress before the City Court in and for Palm Beach County, Florida. 15. BROKER: The parties each represent to the other that they have not dealt with any real estate broker, real estate salesman or finder in conjunction with this transaction who is entitled to a fee or brokerage commission in accordance with Florida law. 16. ENFORCEABILITY. If any provision in this Agreement shall be held to be excessively broad, it shall be construed, by limiting and reducing it, to be enforceable to the extent compatible with applicable law. If any provision in this Agreement shall, notwithstanding the preceding sentence, be held illegal or unenforceable, such illegality or unenforceability shall not affect any other provision of this Agreement. 17. NOTICE. All written notices shall be deemed effective if sent to the following places: SELLER: Delray Beach Community Redevelopment Agency- 20 North Swinton Avenue Delray Beach, Florida 33444 Attn: Diane Colonna, Executive Director With Copy to: David N. Tolces, Esquire GOREN, CHEROF, DOODY & EZROL, P.A. 3099 East Commercial Boulevard, 4200 Fort Lauderdale, Florida 33308 Tel: (954) 7714500/Fax: (954) 771 -4923 PURCHASER: City of Delray Beach 100 N.W. 1St Avenue Delray Beach, Florida 33444 -1533 Attn: Louie Chapman, Jr., City Manager Tel: (561) 243 -7010 Fax: (561) 243 With a Copy to: Terrill Pyburn, Interim City Attorney 200 N.W. 1St Avenue Delray Beach, Florida 33444 Tel: (561) 243 -7090 Fax: (561) 278 -4755 Page 10 18. GOVERNING LAW. This Agreement shall be governed by the laws of the State of Florida. Venue shall be in the Federal or State Courts in Palm Beach County, Florida. 19. ENTIRE AGREEMENT. All prior understandings and agreements between SELLER and PURCHASER are merged in this Agreement. This Agreement completely expresses their full agreement. 20. AMENDMENT. No modification or amendment of this Agreement shall be of any force or effect unless in writing and executed by both SELLER and PURCHASER. 21. SUCCESSORS. This Agreement shall apply to and bind the executors, administrators, successors and assigns of SELLER and PURCHASER. 22. COUNTERPARTS: This Agreement may be executed in two or more counterparts, each of which shall be taken to be an original and all collectively deemed one instrument. The parties hereto agree that a facsimile copy hereof and any signatures hereon shall be considered for all purposes as originals. 23. LITIGATION COSTS: In connection with any litigation arising out of this Agreement, the prevailing party shall be entitled to recover from the non - prevailing party all costs and expenses incurred, including its reasonable attorney's fees at all trial and appellate levels and post judgment proceedings. (SIGNATURE PAGE TO FOLLOW) Page 11 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates indicated above: Witnesses: ATTEST: City Clerk SELLER: Delray Beach Community Redevelopment Agency By: Howard Lewis, Chair Signed on: L PURCHASER: CITY OF DELRAY BEACH, FLORIDA Cary Glickstein, Mayor Approved, as to Form: L- Signed on: �rp)4�eAr,;City Attorney z 11 `T H:1_GOV CLIENTSIDBCRA 655/060018 DBCRA\AGMT 20131Sale to City of Delray Beach (Eagle Nest 108 -110 NW 12 Ave).doc Page 12 EXHIBIT "A" PROPERTY CONTROL NUMBER, LOCATION AND LEGAL DESCRIPTION (subject to verification by a survey to be obtained by Purchaser) 108 -110 NW 12'h Avenue PCN # 12- 43- 46- 17 -42- 002 -0021 Legal Description: Commencing at the southeast corner of the East half (1 /2) of the southeast quarter (1/4) of Lot 2, Subdivision of Section 17, Township 46 South, Range 43 East, as recorded in Plat Book 1, Page 4, of the Public Records of Palm Beach County, Florida; thence run northerly along the East line of said Lot 2, a distance of 100.0 feet to a point; thence run westerly along a line parallel with the South line of said Lot 2 a distance of 25.0 feet to the point of beginning; thence continue westerly along the same course a distance of 99.55 feet to a point; thence rum northerly along a line parallel with the West line of said East half (1/2) of the Southeast quarter (1/4) of Lot 2 a distance of 75.3 feet to a point; thence run easterly along a line parallel with the South line of said Lot 2 a distance of 99.41 feet to a point; thence run southerly along a line parallel with and 25.0 feet West of the East line of said Lot 2 a distance of 75.0 feet to the point of beginning. Page 13 AN INTERLOCAL AGREEMENT AND MULTIPLE PARTY AGREEMENT FOR THE EAGLE NEST PROGRAM, PROJECT #3 AT ATLANTIC HIGH SCHOOL CAREER ACADEMY (known as the Eagle Nest Interlocal Agreement #3) THIS INTERLOCAL AGREEMENT AND MULTIPARTY AGREEMENT is made this ( _ day of , 2014, by and between the CITY OF DELRAY BEACH, FLORI A (her inafter referred to as the "CITY"), the DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY (hereinafter referred to as the "CRA "), and the SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA, a corporate body politic pursuant to the Constitution of the State of Florida (hereinafter referred to as "SCHOOL DISTRICT ") (and collectively known as the "PARTIES'). WITNESSETH: WHEREAS, Community partnerships are encouraged to provide quality educational experiences to students and to promote the attainment of "real- world" skills which benefit the CITY, the CRA, and the SCHOOL DISTRICT and Palm Beach County, and WHEREAS, the PARTIES realize that assisting the construction project of the Career Academy Program at Atlantic High School on Atlantic Avenue within the City of Delray Beach, known as the Eagle Nest Program (the "Program ") will involve Language Arts (code and zoning restrictions); Math (measuring, estimating, budgeting and purchasing); Physics (insulation, material testing, trusses); Economics (taxes, insurance, mortgage, financing, budgets); Drafting (working drawings and blueprints); Journalism (newspaper articles and brochures); Criminal Justice (security issues, door locks, window treatments and lighting); career education (career preparation, applied opportunities, apprenticeships); E.S.E. (transition skills); Health (first aid /CPR); Biology (water cooler contamination); Foreign Language (safety sayings in six languages); Team Work; Leadership Skills (working with others to overcome obstacles); Public Speaking (speaking about the program to interested groups); and WHEREAS, the construction industry will benefit when students learn the construction skills needed by the industry; and WHEREAS, the construction industry, through its ability to give its support and materials will not only help the students and the construction industry, but all the PARTIES, including the students and the construction industry will be playing an important part in providing an affordabletworkforce housing opportunity to a family in need; and WHEREAS, the Program, as provided for in this Agreement, is consistent with the Delray Beach Community Redevelopment Agency Redevelopment Plan, furthers redevelopment within the CRA's Community Redevelopment Area, and serves a municipal and public purpose; and WHEREAS, the Program in summary provides that the CRA will convey to the CITY property on which to construct a single- family residence, the CITY will then provide the property for the Program, the CRA will grant to the CITY funds for construction, in the amount of One Hundred Fifty Thousand Dollars ($150,000.00) (the "Funds") that will be used by the SCHOOL DISTRICT for the construction of a single - family residence (the "Eagle Nest House "), the SCHOOL DISTRICT, through the Program will construct the Eagle Nest House, through the efforts of students in the Program, and the Eagle Nest House will be sold and the construction monies will be repaid to the CRA through the use of the City's First Time Homebuyer Program, and a first time homebuyer will be able to buy through the First Time Homebuyer Program the Eagle Nest House. Profits over and above the construction loans and expenses will be retained by the Program for the building of future houses through the Program and the SCHOOL DISTRICT shall donate to the CITY ten percent of the profits, to offset costs and expenses and to further the Program. NOW, THEREFORE, for the Mutual Promises and Covenants herein contained, the Parties agree as follows: 1. Recitations: The Recitations set forth above are incorporated herein. 2. CIty Responsibilities and Rlahts: The CITY shall: (a) Allow the SCHOOL DISTRICT, through the Program, to build the Eagle Nest House on property, which shall be conveyed to the CITY by the CRA, more fully described in Exhibit "A" hereto (the "Property "). The CITY may take whatever action is necessary in law or in equity to secure its rights and obligations under this Agreement. (b) Once the CITY receives Funds from the CRA it will disburse the Funds from time to time as follows: (1) The CITY, using the Funds received by the CRA for the Program, shall deposit the Funds in an Eagle Nest Construction Fund. The Funds to be drawn by the SCHOOL DISTRICT for the Program during the term of this loan shall be disbursed by the CITY, not more than one time each month, on a direct payment basis as work progresses upon receipt by the CITY of properly executed draw requests 2 acceptable to the CITY both as to form and substance together with bills and /or lien waivers. In addition, the CITY shall receive prior to any disbursement, a certification from the CITY's inspectors, the SCHOOL DISTRICT's architect, the SCHOOL DISTRICT's general contractor and the SCHOOL DISTRICT indicating the work completed as of the date of the payment request, and that the work completed is consistent with the contract between the SCHOOL DISTRICT and its contractor. The CITY must receive an invoice at least seven (7) working days prior to the payment of draw request. Payments shall not exceed 90% of the value of the work performed and materials in place or the amount due to the contractors and material suppliers, whichever is less. Such ten percent (10 %) hold back will be retained until completion of construction and funding of the final loan proceeds. There shall be no disbursements for materials stored offsite. Disbursements for materials stored onsite shall be permitted unless such disbursements are prohibited by or are in violation of the payment and performance bonds. (2) The Funds shall be disbursed in accordance with all of the standard controls typically placed upon the disbursement of construction proceeds by the CITY. Disbursement will be made based upon a percentage of completion as described above, or directly to the contractor, subcontractor and /or supplier or in such other manner as the CITY may determine. Requisitions for advances shall be on the CITY's approved forms. All determinations as to cost -to- complete, feasibility, compliance with plans, specifications and building codes, frequency and amount of advance and other matters relating to disbursements shall be at the sole discretion of the CITY. (3) No change orders that would cause the total construction cost to exceed the amount of the Funds will be permitted unless approved in writing by the CITY and the CRA. (4) If the services of an architect and /or engineer are employed, the CITY shall, but at the SCHOOL DISTRICT's expense, require the architect's and /or engineer's certificate as to the progress of construction before making each disbursement in accordance with the aforesaid schedule. (5) The CITY and the CRA may require, at its option, from time to time during construction, and following completion of the Eagle Nest House, for its own information and protection, evidence from the SCHOOL DISTRICT or contractor, or both, of the payment of bills for all labor and materials, but neither the CITY nor the CRA shall not be required or responsible to ascertain that any bills are paid. (6) All monies disbursed hereunder shall be used solely on account of costs of construction and improvements on the Property.and expenses of the construction loan, and no such monies shall be diverted or borrowed for any other use. 3 (7) The CITY and the CRA shall rely on the expertise of the SCHOOL DISTRICT to ensure that the construction of the Eagle Nest House has been in accordance with the specifications of any contract of the SCHOOL DISTRICT for the construction thereof and with industry standards. (8) As requested by the CITY during construction, an Engineering Report satisfactory to the CITY shall be provided, at the SCHOOL DISTRICT's expense, from an independent engineering firm approved by the CITY. Said inspections shall show all buildings and equipment to be in satisfactory condition and working order. (9) Notwithstanding any other provision hereof, the CITY shall be entitled at its option to refuse to make any disbursements hereunder, or to withhold a part of any disbursement, if the SCHOOL DISTRICT shall fail to perform or comply with any condition, contingency or requirement of any agreement between the PARTIES. (10) If the SCHOOL DISTRICT or the SCHOOL DISTRICT's contractor shall fail to perform according to the terms of this Agreement or cause or permit conditions to arise so that performance would be rendered unduly difficult or hazardous, or if the SCHOOL DISTRICT shall fail, neglect or refuse to perform either or any of the SCHOOL DISTRICT's promises or agreements hereunder, or breach any promise, covenant, warranty or agreement made hereby, or if it becomes apparent that the SCHOOL DISTRICT or the SCHOOL DISTRICT's contractor will not complete said Improvements within the time specified in this Agreement, or if the SCHOOL DISTRICT's contractor shall become insolvent or if there is filed a voluntary or involuntary petition in bankruptcy or if a conservator or trustee or receiver is, appointed or an assignment for the benefit of creditors is made, then and in either such event the CITY may, at its option, withhold further disbursements hereunder and will be entitled to take possession of the Property and has all rights as set forth in this ,agreement and is entitled to pursue all of the remedies available at law and in equity and may pursue any or all rights and remedies as set forth in this Agreement and exhibits hereto. (c) The CITY shall provide a first time home buyer for the Eagle Nest House through its First Time Homebuyer Program and assist the buyer in qualifying and obtaining a mortgage through the First Time Homebuyer Program. The CITY does not act as a guarantor for any loans. The CITY shall convey the Eagle Nest House and Property under the First Time Homebuyer Program. (d) The CITY shall receive from the First Time Homebuyer Program proceeds in a sufficient amount to pay off the construction loan given by the CRA and will repay such loan to the CRA without interest upon the sale of the Eagle Nest House and Property. 4 (e) The CITY shall retain ten percent (10 %) of the profits received upon the sale of the Eagle Nest House to use to facilitate the acquisition and costs, including, but not limited to quiet title costs, for the Eagle Nest House or for future, similar endeavors with the PARTIES or if none to facilitate the CITY'S Affordable/Workforce Housing Program. (f) The CITY shall ensure that the CRA is referenced on any and all marketing materials for the Eagle Nest House. (g) Neither the CITY nor the CRA shall be liable to materialmen, contractors, subcontractors, laborers or others for goods and /or services delivered and /or rendered by them in or upon the Property or employed in the construction of the Eagle Nest House or for any debts or claims accruing in favor of any such parties and against the SCHOOL DISTRICT or others or against the Property. The SCHOOL DISTRICT is not and shall not be the agent of the CITY nor the CRA for any purpose whatsoever. (h) All inspection services, if any, rendered by the CITY or officers, agents, or employees, shall be rendered solely for its own information and protection. Neither the CITY nor its officers, agents or employees shall be in any way liable for the failure of any contractor, subcontractor or laborer to deliver materials or perform services to be delivered or performed by them. (I) Once the CRA conveys the Property to the CITY, the CITY shall be responsible for insuring that the Property is maintained in a manner consistent with the CITY's Code of Ordinances and Land Development Regulations. This includes maintaining the lawn, landscaping, and fencing on the Properly. 3. CRA Responsibilities and Rights: (a) The CRA shall convey to the CITY the Property pursuant to the Agreement for Purchase and Sale, which is attached hereto as Exhibit "D ", and incorporated herein by reference. (b) No later than seven (7) days following conveyance of the Property to the CITY, the CRA shall pay to the CITY Fifty Thousand Dollars ($50,000.00) to be disbursed by the CITY to the SCHOOL DISTRICT for the Program at Atlantic High School for the construction of the Eagle's Nest House located on Property. Additional draws shall be disbursed by the CRA to CITY, following the receipt of a written request with supporting documentation, no later than seven (7) days after the receipt of the written request, so long as the total amount of all payments by CRA to CITY do not exceed the sum of One Hundred Fifty Thousand and 00/100 Dollars ($150,000.00). At the time of the closing on the sale of the Eagle Nest House to a qualified individual, 5 pursuant to the requirements of this Agreement, the Funds provided by the CRA shall be repaid to the CRA without interest. (b) The CRA may take whatever action is necessary in law or in equity to secure its rights and obligations under this Agreement. 4. School Distrlct's Responsibilities and Risahts: (a) The SCHOOL DISTRICT, through the Program, shall construct and erect, in a true, thorough, workmanlike and substantial manner, the Eagle Nest House on the Property, in substantial compliance and accordance with the plans attached hereto as Exhibit "B" (the "Plans ") such other specifications as are mutually agreed to between the SCHOOL DISTRICT and the CITY. The SCHOOL DISTRICT shall fully equip the Eagle Nest House and install and pay for any fixtures and materials and complete and pay for any landscaping, walls, drives, approaches or walks required by the Plans. (b) The SCHOOL DISTRICT, through the Program, shall receive from the CITY, (through monies the CITY receives from the CRA) the Funds, interest free. (c) All services under this Agreement for which a contracting license is required by law shall be performed by a holder of the appropriate license retained by the SCHOOL DISTRICT. (d) The SCHOOL DISTRICT shall take all necessary steps to ensure that construction of the Eagle Nest House shall proceed continuously and diligently, and in all events shall complete construction and equipage of Eagle Nest House and perform all covenants and promises contained in this Agreement not later than thirty -six (36) months from the commencement of construction. In the event that, notwithstanding the SCHOOL DISTRICT's diligent efforts to complete the Eagle Nest House within the thirty -six (36) month period, the SCHOOL DISTRICT is unable to complete construction, the SCHOOL DISTRICT shall request up to an additional twelve (12) months to complete construction by providing written notice to the CITY and CRA, which may extend the Agreement upon approval by the City Commission and CRA Board. For purposes of this provision the SCHOOL DISTRICT's Chief Operating Officer, shall be authorized to approve all extensions on behalf of the SCHOOL DISTRICT without further consideration or approval of the SCHOOL DISTRICT or the School Board. (e) The SCHOOL DISTRICT covenants and warrants that all necessary licenses or permits will be obtained to permit the completion of the Eagle Nest House and that all materials contracted or purchased are for delivery to the Property and for use in said construction, and all labor contracted or hired for or in C connection with said construction shall be used and employed solely on the Property and in said construction and only in accordance with the Plans. Copies of the necessary building permits shall be furnished by the SCHOOL DISTRICT to the CITY forth with prior to any disbursement of the Funds pursuant to this Agreement. (0 The SCHOOL DISTRICT shall work diligently towards the completion of the Eagle Nest House and during construction shall secure the Eagle Nest House and Property in a manner that does not cause undue deterioration of the aesthetics and safety of the neighborhood. (g) The SCHOOL DISTRICT shall be entitled to ninety percent (90 %) of the profits after the construction loan and expenses are paid in full. The CITY shall be entitled to the remaining ten percent (10 %) of the profits to be used by the CITY as set forth in Paragraph 2(e). (h) The SCHOOL DISTRICT shall maintain adequate records to justify all charges, expenses, and costs incurred in the construction of the Eagle Nest House. The SCHOOL DISTRICT shall furnish, on completion of construction of the Eagle Nest House, all receipted bills, certificates, affidavits, releases of liens and other documents which may be required by the lien laws of the State of Florida or which shall be reasonably required by the CITY as evidence of full payment for all labor and materials incident to said construction and release of the Eagle Nest House on the Property from all liens therefor. (i) The SCHOOL DISTRICT covenants and warrants that as of the date hereof no materials of any kind have been placed on the Property and no labor has been performed upon the Property incident to the contemplated construction. Q) The SCHOOL DISTRICT shall furnish the CITY, at the Program's expense upon the completion of the Eagle Nest House, a survey showing the improvements properly located on the Property. (k) The SCHOOL DISTRICT shall require its contractor to provide a standard one -year warranty homeowner warranty on the Eagle Nest House, said warranty to commence upon the date that the final Certificate of Occupancy is issued. The SCHOOL DISTRICT shall itself cooperate and require that its contractor cooperate with the CITY and the homeowner in the scheduling and performance of any warranty work. (1) The SCHOOL DISTRICT agrees to comply with. all federal, state, and local laws, rules and regulations of any nature whatsoever, applicable zoning ordinances and subdivision restrictions, now in effect or in the future. 7 (m) The SCHOOL DISTRICT shall ensure that the construction of the Eagle Nest House is appropriately supervised, without charge or deduction for such services. (n) The SCHOOL DISTRICT shall execute all instruments required to fully comply with and shall abide by, complete, perform and carry out all of the SCHOOL DISTRICT representations, proposals and obligations. It is specifically agreed and understood that CITY's obligation to disburse the Funds at any time in accordance with this Agreement is contingent upon the SCHOOL DISTRICT's full and strict compliance with all of the covenants, warranties, representations, terms and conditions of the documents executed and delivered in connection with this Agreement. (o) The SCHOOL DISTRICT shall furnish CITY forthwith and prior to the disbursement of any Funds pursuant to this Agreement, duly executed copies of the contract between contractor and the SCHOOL DISTRICT and any other contracts and/or subcontracts, purchasing orders and any other agreements between the SCHOOL DISTRICT, and any other party that the CITY shall reasonably request, including, without limitation a copy of the executed contract between the SCHOOL DISTRICT and its architect. 5. Notices: Any notice given pursuant to the terms of this Interlocal Agreement shall be in writing and hand delivered or sent by certified mail, return receipt requested. All notices shall be addressed to the following: As to the CRA: Community Redevelopment Agency Diane Colonna, Director 20 North Swinton Avenue Delray Beach, FL 33444 As to School District: Principal, Atlantic High School 2455 W. Atlantic Avenue Delray Beach, FL 33445 With copy to: General Counsel School Board of Palm Beach County P.O. Box 19239 West Palm Beach, FL 33406 8 As to City: Louie B. Chapman, Jr., City Manager City of Delray Beach 100 N.W. 1 't Avenue Delray Beach, FL 33444 6. Default: (a) The PARTIES agree that, in the event any party is in default of its obligations under this Agreement, the non - defaulting party shall provide to the defaulting party thirty (30) days written notice to cure the default. In the event the defaulting parry falls to cure the default within the thirty (30) day cure period, the non - defaulting party shall be entitled to seek any remedy available to it at law or equity, including, but not limited to, the right to terminate this Agreement and seek damages, (b) In the event that the SCHOOL DISTRICT defaults under its obligations during construction of the Eagle Nest House, the CITY is entitled to take possession of the Property and has the option to complete the Eagle Nest House using whatever Funds the CITY has retained and is entitled to receive the Funds from the SCHOOL DISTRICT that have been disbursed by the CITY for the Program, but have not been expended. This covenant is in addition to and not a substitution for all rights of the CITY set forth elsewhere in this Agreement and any exhibits thereto. 7. Termination: The SCHOOL DISTRICT or CITY may terminate this Interlocal Agreement upon thirty (30) days advance written notice to each other for non- compliance in the performance of any of the terms and conditions as set forth herein and where SCHOOL DISTRICT or the CITY does not cure said non - compliance within ninety (90) days of receipt of written notice to do so. Further, upon written notice, SCHOOL DISTRICT shall reimburse the CITY any Funds provided to SCHOOL DISTRICT pursuant to this Interlocal Agreement that have not been expended by the SCHOOL DISTRICT by the date of the notice of termination and the CITY will use the Funds to complete the project. In the event of termination, prior to the commencement of any construction, the CITY shall return all Funds to the CRA. 8. Governlna Law: Remedies, Venue: This Interlocal Agreement shall be governed by the laws of the State of Florida. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. The parties hereto may pursue any and all actions available under law to enforce this Interlocal Agreement including, but not limited to, actions arising from the breach of any provision set forth herein. Venue shall be in Palm Beach County. E 9. Eilino: A copy of this Interlocal Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County. 10. Liability: The PARTIES recognize their respective liability for certain tortious acts of their agents, officers and employees, and agree to be responsible respectively for all claims, liability, losses, and /or causes of action that may arise from any negligent act or omission due to the acts of its agents, servants, or employees, to the extent and limits provided by law, the PARTIES being subject to the limits provided in Section 768.28, Florida Statutes, the State of Florida's partial waiver of Sovereign Immunity; provided, however, that this provision shall not be construed as a waiver of any right or defense that any of the PARTIES have under said statute. In addition, the SCHOOL DISTRICT will indemnify the CITY and the CRA against any loss or damage incurred by the CITY and the CRA which loss or damage is suffered or incurred as a result of the negligence of its students, contractors, and employees. Such indemnity is expressly limited, subject to and within the extent and limitations of F.S. §768.28 but in no event for any amount greater than provided by F.S. §768.28. 11. Insurance. The Parties recognize that the SCHOOL DISTRICT is self - insured. SCHOOL DISTRICT shall require its contractor to maintain sufficient professional, general liability automobile liability, builder's risk, and worker's compensation coverage and other insurance as required by Exhibit "C ", which is attached hereto and incorporated herein by reference. So long as the SCHOOL DISTRICT complies with this requirement, the CITY shall not look to the DISTRICT itself to correct any defects In construction which are first discovered or identified after the issuance of a Final Certificate of Occupancy or its equivalent by the appropriate building official of the CITY. The cost of the insurance shall be included within the lump sum contractor's fee and the SCHOOL DISTRICT shall pay that fee from the Funds provided by the CRA for the project. Certificates of insurance evidencing the required insurance coverage shall be provided to the CITY, pursuant to the provisions of Exhibit "C ", which is attached hereto and incorporated herein by reference. 12. Captions: The captions and section designations herein set forth are for convenience only and shall have no substantive meaning. 13. Severability: If any term or provision of this Interlocal Agreement, or the application thereof to any person or circumstance, shall to any extent be held invalid or unenforceable, the remainder of this Interlocal Agreement, or the application of such term or provision, to any person or circumstance other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Interlocal Agreement shall be deemed valid and enforceable to the extent permitted by law. 14. Entirety of Aureement: This Interlocal Agreement and Exhibits hereto, which are incorporated herein by reference, represents the entire understanding Us] between the CITY, the CRA, and the SCHOOL DISTRICT and supersedes all other negotiations, representations or agreements, either written or oral. 15. No Third Party Beneficiaries: This Interlocal Agreement is made solely and specifically among and for the benefit of the PARTIES hereto, and no other person or entity shall have any rights, interest, or claims hereunder or be entitled to any benefits under or on account of this Interlocal Agreement as a third -party beneficiary or otherwise. 16. No Interpretation Against Drafter: No party shall be considered the author of this Interlocal Agreement since the PARTIES have participated in extensive negotiations and drafting and redrafting of this document to arrive at a final Interlocal Agreement. Thus, the terms of this Interlocal Agreement shall not be strictly construed against one party as opposed to another party based upon who drafted it. 17. Dispute Resolution: In the event an issue arises which cannot be resolved between the SCHOOL DISTRICT's Atlantic High School principal and the CITY's Director of Community Improvement regarding the interpretation or operation of this Agreement, the dispute shall be referred to the SCHOOL BOARD'S Chief Operating Officer and the CITY's City Manager who shall both make a good faith effort to resolve the dispute, before instituting any litigation. Should the PARTIES be unable to resolve a dispute respecting the true construction and meaning of the Plans and specifications, the same shall be decided by a competent architect and /or engineer to be selected by the CITY and the SCHOOL DISTRICT and the costs of such services shall be borne equally by the CITY and the SCHOOL DISTRICT. 18. Amendment: Except as otherwise provided for in this Agreement, this Agreement may be modified and amended only by written instrument executed by the PARTIES hereto. 19. Equal Opportunity Provision: The PARTIES agree that no person shall, on the grounds of race, color, sex, national origin, disability, religion, ancestry, marital status, sexual orientation or gender, gender identity or expression be excluded from the benefits of, or be subjected to any form of discrimination under any activity carried out by the performance of this Agreement. 20. Waiver: iver: No waiver of any provision of this Agreement shall be effective against any party hereto unless it is in writing and signed by the party waiving such provision. A written waiver shall only be effective as to the specific instance for which it is obtained and shall not be deemed a continuing or future waiver. 21. Force Maieure. No party shall be obligated to perform any duty, requirement or obligation under this Agreement if such performance is prevented by fire, hurricane, earthquake, explosion, wars, sabotage, accident, flood, acts of God, strikes, 11 or other labor disputes, riot or civil commotions, or by reason of any other matter or condition beyond the control of any party, and which cannot be overcome by reasonable diligence and without unusual expense ( "Force Majeure"). In no event shall a lack of funds on the part of any party be deemed Force Majeure. 22. Inspector General. The parties agree and understand that the School District's Office of Inspector General ( "Inspector General ") shall have immediate, complete and unrestricted access to all papers, books, records, documents, information, personnel, processes (including meetings), data, computer hard drives, emails, instant messages, facilities or other assets owned, borrowed or used by the City and CRA with regard to the Agreement. The City's and CRA's employees, vendors, officers and agents shall furnish the Inspector General with requested information and records within their custody for the purposes of conducting an investigation or audit, as well as provide reasonable assistance to the Inspector General in locating assets and obtaining records and documents as needed for investigation or audit relating to the Agreement. Furthermore, the City and CRA understand, acknowledge and agree to abide by School Board Policy 1.092. 23. Records. Each party shall maintain its own respective records and documents associated with this Agreement in accordance with the records retention requirements applicable to public records. Each party shall be responsible for compliance with any public documents request served upon it pursuant to Section 119.07, Florida Statutes, and any resultant award of attorney's fees for non - compliance with that law. 24. Survival. Provisions contained in this Agreement that, by their sense and context, are intended to survive the suspension or termination of this Agreement, shall so survive. 25. 'Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES THE RIGHT EITHER OF THEM MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION BASED HEREON, OR ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. SIGNATURES ON THE FOLLOWING PAGE 12 IN WITNESS WHEREOF, the parties be executed on the day and year first aboy, Attest: City Clerk Approved as to Form and Legal Sufficiency: L l kn • Ciy Attorney 7 J q A Sr ,A , i�. Diane Colonna, ecretary Approved as to Form and Legal Su iency: AUI s School Di trict Attorney �bq-- this jnkrlocal Agreement to DELRAY B AC , FLORIDA ry D. Glicks n, Mayor DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY By:i� Howard Lewis, -Chairperson SCHOOL BOARD OF COUNTY, FLOMDAI By: Chuck E. Wayne Gent, Superintendent BEACH HA GOV CLIENTSMCRA 6551060018 DBCRAIAGMT 20131EagWs Nest Merged Document.docxH:1 GOV CLIE M03CRA 655/060018 DBCRAIAGMT 20131Eagks Nest ILA- Project #3REV I Am 13 EXHIBIT "A" LEGAL DESCRIPTION Commencing at the southeast corner of the East half ( %z) of the southeast quarter(Y4) of Lot 2, Subdivision of Section 17, Township 46 South, Range 43 East, as recorded in Plat Book 1, page 4, Public Records of Palm Beach County, Florida; thence run northerly along the East line of said Lot 2 a distance of 100.00 feet to a point; thence run westerly along a line parallel with the South line of said Lot 2 a distance of 25.0 feet to the point of beginning; thence continue westerly along the same course a distance of 99.55 feet to a point; thence run northerly along a line parallel with the West line of said East half (%) of the Southeast quarter (%) of Lot 2 a distance of 75.0 feet to a point; thence run easterly along a line parallel with the South line of said Lot 2 a distance of 99.41 feet to a point; thence run southerly along a line parallel with and 25.0 feet West of the East line of said Lot 2 a distance of 75.0 feet to the point of beginning. 108 NW 12th Avenue, Delray Beach, Florida Parcel Control No. 12-43 -46- 17-42- 002 -0021 14 "W 1 WAND yea BRUCE CARTER do ASSOCIATES. INC. NOLSON BEAQ! � �0 1 (eat) U5 -Into SKEM OF SURVEY BOUNDARY . erne FOR: WA m�'�d� w CxRro= lz Pi F A wW wtopc.M otwwo i AN 0 duel; alloy A OVA M rho ft A ilbo a1 Raw &Jwdfim Cllr am Domp"m O�i+naeM +i YM wvrwet arrlrr of No art hfr j� er Ww mw#-" �0 OF Lot $ aoiw . M J�We r4 w.Hp 1Y +�4p ib Irk air a9 ese! et remrWM h Att tko L pw a JfiFe of r�nb. Sotll q bpi W tMwler 0 ,lrr se.t oz mr c.r a..i oee.,. q �p ly.! 1. s sMrn Ala r srr .taly : @.r aAtlY ier Tr1Y 3f. ai' sai 1. e f -I-mw f If At owt Yi.. /M/t N rpmr reoY111t a ? MI �Ir�►sfsf{rlas . trtrnea K no ftwt to a Ic+N oeee. nn ew'tlrrly a puefrt IrMi Nr YbF ar ie a /fir aveW�f r M % we +~r It or' a�.ae �ti1t�■ petl @ aw wl wrhr{t, sl. an sh iNA w eso Mt W.r .mil me tov it w xee a s �i�l�oe o-r fM e� rfn a�ldrq ,Ne; a 7d/ hot so w ratlt er 1 NAY& PR1= M DMOM � a nos f=M ►avoNOL VIU MWAN¢ OGArANI' ttAUtrdr Oft d/t M AM ifA DN 14 Wl AND RM W PIiWWU aatani M�1+01r,,p�y� '. X10 nW Or MOb A� FM MWM94F- AV ARV40 We" UE a .r Iii IL : .w a s art . S'a ; u . am ar . : m . .y a,.s. i i :�o I& atla .mer •�wsa YyRrr . ayia " r M'�IAr�7i r01[ .CJ G A L ra9er sr 61FC#Nf RYM N W raN nea. l u � IL1Y1 1.o `�^ V" N " FAW � " Ns MNBW I exec, 1• -w I a w der J ewer s. 1 losowr awn Nutrt 0 ma,.Ir e M . a 9 EXHIBIT "C" EAGLE NEST PROGRAM CONTRACTOR INSURANCE REQUIREMENTS Insurance /Bond Reauirements and Conditions: During the term of this Agreement with the City, except as otherwise stated in this Agreement, the School District's contractor shall procure and maintain insurance and bonds, if required, of the types and to the limits and conforming to requirements as specified in the following paragraphs. No work under this contract shall begin until evidence of these financial guarantees is delivered as is directed under this contract. Commercial General Liability Insurance: Shall be written on the most current ISO Occurrence Form, or equivalent, to cover legal liabilities arising from premises and operations, independent contractors, contractual (indemnification) agreement, products and completed operations, personal injury and XCU exposures as required by the work to be performed under this Contract, unless waived by the City. The combined bodily injury and property damage limit shall not be less than $1,000,000 per occurrence with an annual aggregate of $2,000,000. The School District's contractor will maintain the completed operations insurance for a period of one (1) year after the work performed under this Agreement has been completed and accepted by the City. Automobile Liability Insurance: Shall be maintained in accordance with the laws of the State of Florida to cover the ownership, maintenance and /or use of all owned, non - owned, or hired vehicles as required by the work to be performed under this Contract. The combined bodily injury and property damage limit shall not be less than $500,000 per occurrence. Workers' Compensation Insurance: Shall be provided and maintained in accordance with the State of Florida's Workers' Compensation Law. Included shall be Employee's Liability Insurance to protect against on-the-job injury or illness which may not fall within the provisions of the State's Workers' Compensation Law. The limits shall be no less than $500,000 each accident and an occupational disease limit of $500,000 per employee/$500,000 aggregate. Additional Insured: The City and the CRA shall be included as additional insureds by way of the most current ISO endorsement, or its equivalent, on the School District's contractor's liability insurance policies required under this Agreement. Subcontractor Provision: The School District will assure that all subcontracted work essentially requires the subcontractor(s) to adhere to the same insurance, safety and indemnity provisions as in this Agreement, or otherwise the School District's contractor will assume the legal liabilities of such subcontractor(s). Safety Practices /Hazardous Waste Agreement: The School District's contractor warrants that work practices of employees and agents of the School District's contractor, and the services and /or products supplied will be provided and/or used in compliance with, although not an exhaustive reference, the standards set forth in the Occupational Safety and Health Act of 1970 and its amendments, Federal and State environmental pollution laws, and the policies and procedures of the City. The City retains the right to stop work if such compliance is not maintained. Evidence of Insurance: Prior to the commencement by the School District's contractor or subcontractor of any work under this Agreement, the City and the CRA must receive and approve Certificates of Insurance evidencing the insurance coverages and requirements as required by this Agreement. Certified copies of the policies will be provided if requested by the City or the CRA. Renewal Certificates shall be provided to the City and CRA at least ten (10) days prior to the expiration of any policy. If at any time the School District's contractor fails to maintain, or provide evidence of insurance coverage required by this Agreement, all work may be halted by the City. Cancellation /Changes /Renewal: At least thirty (30) days written notice must be given to the City of any cancellation, intent to non - renew, or material reduction or change in insurance coverages. Primary Policies: The School District's contractor's insurance will be primary to the City's insurances or self - insurance programs. Waiver of Subroaation: The School District's contractor and it's insurer(s) waive all rights of subrogation against the City, its employees, officers, directors and agents for the recovery of damages to the extent such damages are covered under any of the City's general liability, automobile liability, excess liability or property insurance and self - insurance programs. Insurance Ratings: All insurers of the School District's contractor shall be authorized to do business in Florida, and shall have an A.M. Best rating of A-/VI I, or equivalent. Deductibles and Self - Insured Retentions: The School District's contractor is responsible for all deductibles and self - insured retentions. In the event of loss which would have been covered but for the deductible or self - insured retention, the City may withhold from payment to the School District an amount equal to the deductible or self -insi +red 17 retention should the full loss recovery not be obtained under the School District's contractor's insurance as a result. Builders Risk Insurance: Shall be maintained by the School District's contractor during the work performed under this Agreement and shall be an all risk coverage, to include wind storm and flood as required by the City, with limits equal to 100% of the replacement value of the completed structure. This insurance shall include, or inland marine insurance shall be maintained by the School District's contractor, to provide all risk coverage for related property, to include machinery and equipment, while in transit or being stored at the work site. If necessary, the insurance policy will contain a waiver of occupancy clause which would allow the City or the School District to occupy the structure as stipulated in the Agreement without jeopardizing the insurance coverage. Professional Liability Insurance: Shall be maintained during the life of this Agreement to cover the "errors and omissions' of the School District, or the School District's contractor will assure such coverage is provided by any person(s) acting on the School District's behalf, in an amount of at least $1,000,000 per occurrence /annual aggregate. Performance and Payment Bonds: The School District shall upon execution of the Agreement furnish to the City a Performance Bond (including a Maintenance Bond) and a Payment Bond each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all the School District's obligations under this Contract. These Bonds shall remain in effect at least until one year after the date when final payment becomes due, except as otherwise provided by Law or Regulation or by the Contract Documents. The premiums for these bonds will be paid by the School District. The form and conditions of the Bonds and the Surety shall be acceptable and satisfactory to the City. These bonds shall be in a Surety Company licensed to do business in the State of Florida, shall have a resident agent in the State of Florida and shall have a current A.M. Best financial rating of at least A Nil. No work under this contract shall commence until the properly executed Bond is received and approved by the City. If the Surety on any Bond furnished by the School District -is declared bankrupt or becomes insolvent or its right to do business is terminated in the state of Florida or it ceases to meet the requirements of the above paragraph, the School District shall within five days thereafter substitute another Bond and Surety, both of which must be in conformance with the above paragraph. 18 EXHIBIT M" AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY THIS AGREEMENT is made and entered into as of this _ day of , 2013 ( "Agreement ") by and between the Delray Beach Community Redevelopment Agency, a Florida public body corporate and politic created pursuant to Section 163.356 F.S, whose post office address is 20 North Swinton Avenue, Delray Beach, Florida 33444 (hereinafter referred to as "SELLER ") and the City of Delray Beach, a Florida municipal corporation, whose post office address is 100 NW Id Avenue, Delray Beach, Florida 33444 -1533 (hereinafter collectively referred to as "PURCHASER "). WITNESSETH In consideration of the mutual agreements and upon and subject to the tenors and conditions herein contained, the parties hereto agree as follows: 1. The following terms when used in this Agreement for Purchase and Sale shall have the following meanings: 1.1 Property. That certain real property located at 108 -110 NW 12th Avenue Delray Beach, Florida, together with all improvements thereon and attached personal property (collectively the "Property) which Property is more particularly described with the legal description in Exhibit "A," attached hereto and made a part hereof. 1.2 Closins. The delivery of a Special Warranty Deed to PURCHASER concurrently with the delivery of the purchase price and other cash consideration to SELLER. 1.3 Closing Date. The Closing Date shall occur on or before thirty (30) days after the expiration of the Inspection Period. I A Deed. A Special Warranty Deed, in its statutory form, which shall convey the Property from SELLER to PURCHASER 1.5 Effective Date. The Effective Date of this Agreement shall be the date upon its execution by all parties to this Agreement: SELLER, PURCHASER and the Escrow Agent. 1.6 SELLER`S Address. Seller's mailing address is 20 N. Swinton Avenue, Delray Beach, Florida 33444, with copy to Goren, Cherof, Doody & Ezrol, P.A., Attn: David N. Tolces, Esq., at 3099 East Commercial Boulevard, Suite 200, Fort Lauderdale, Florida 33308. 1.7 PURCHASER% Address. Purchaser's mailing address is 100 N.W. 1" Page 1 EXHIBIT "D" Avenue, Delray Beach, Florida 33444, with copy to Brian Shutt, City Attorney, 200 N.W. Id Avenue, Delray Beach, FL 33444. 1.8 Other Definitions. The terms defined in any part of this Agreement shall have the defined meaning wherever capitalized herein. Wherever appropriate in this Agreement, the singular shall be deemed to refer to the plural and the plural to the singular, and pronouns of each gender shall be deemed to comprehend either or both of the other genders. As used in this Agreement, the terms "herein ", "hereof' and the like refer to this Agreement in its entirety and not to any specific section or subsection. 2. PURCHASE PRICE. Subject to the provisions of this Agreement, the SELLER hereby agrees to sell to PURCHASER, and PURCHASER hereby agrees to purchase from SELLER, the Property previously identified on Exhibit "A" for the total Purchase Price of Ten and 001100 ($10.00) Dollars, other good and valuable consideration, and upon and subject to the terms and conditions hereinafter set forth. PURCHASER shall pay the Purchase Price to SELLER at Closing pursuant to the terms of this Agreement by check or R-ie transfer of readily negotiable funds to an account identified in writing by SELLER. 2.1 The Purchase includes: (a) All buildings and improvements located on the Property; (b) All right -of -ways, alleys, waters, privileges, easements and appurtenances which are on or benefit all the Property; (c) All right, title and interest, if any, of SELLER in any Land lying in the bed of any public or private street or highway, opened or proposed, in front any of the adjoining Property to the center line thereof. The sale also includes any right of SELLER to any unpaid award to which SELLER may be entitled: (1) due to taking by condemnation of any right, title or interest of SELLER and (2) for any damage to the Property due to change of grade of any street or highway. SELLER will deliver to PURCHASER at closing, or thereafter on demand, proper instruments for the conveyance of title and the assignment and collection of award and damages; (d) To the extent transferable, all licenses, permits, contracts and leases, if applicable, with respect to the property. Page 2 EXHIBIT "D" 3. INSPECTIONS. PURCHASER shall have forty five (45) days commencing on the Effective Date to perform inspections of the Property as the PURCHASER deems necessary ( "Inspection Period "). During the Inspection Period, PURCHASER shall, at its sole cost and expense, determine that utility services including, water, waste water, electric, telephone and all other utilities are available in the proper size and capacity to serve the existing facilities and installed to the property lines. At all times during the Inspection Period, PURCHASER and its agents shall be provided with reasonable access during normal business hours to the Property for purposes of on -site inspection, upon reasonable prior notice to SELLER. The scope of the inspection contemplated herein shall be determined by the PURCHASER as deemed appropriate under the circumstances. This Agreement is contingent upon PURCHASER, at its sole cost and expense, obtaining and accepting a satisfactory Phase I Environmental Audit, and if deemed necessary at its discretion, a Phase 11 Environmental Audit for which it will be granted an additional sixty (60) days for inspections. In the event that any inspections and any review of documents conducted by the PURCHASER relative to the Property during this Inspection period prove unsatisfactory in any fashion, the PURCHASER, at its sole discretion, shall he entitled to terminate this Agreement prior to the end of the forty -five (45) day Inspection Period. PURCHASER will provide written notice by mail or facsimile to SELLER and/or SELLER'S counsel in the event the PURCHASER determines that the Property is unsuitable during the Inspection Period or proceed to Closing as set forth herein. 4. SELLER'S REPRESENTATIONS. To induce PURCHASER to enter into this Agreement, SELLER makes the following representations, all of which, to the best of SELLER'S knowledge, in all material respects and except as otherwise provided in this Agreement (i) are now true, and (ii) shall be true as of the date of the Closing unless SELLER receives information to the contrary, and (iii) shall survive the Closing. In that event, PURCHASER shall be provided immediate notice as to the change to the following representations: 4.1 At all times from the Effective Date until prior to Closing, SELLER shall keep the Property (whether before or after the date of Closing) free and clear of any mechanic's or materialmen's liens for work or materials furnished to or contracted for, by or on behalf of SELLER prior to the Closing, and SELLER shall indemnify, defend and hold PURCHASER harmless from and against all expense and liability in connection therewith (including, without limitation, court Page 3 IWAVI 31iYalil costs and reasonable attorney's fees). 4.2 SELLER has no actual knowledge nor has SELLER received any notice of any litigation, claim, action or proceeding, actual or threatened, against SELLER or the Property by any organization, person, individual or governmental agency which would affect (as to any threatened litigation, claim, action or proceeding, in a materially adverse fashion) the use, occupancy or value of the Property or any part thereof or which would otherwise relate to the Land. 4.3 SELLER has full power and authority to enter into this Agreement and to assume and perform his obligations hereunder in this Agreement. SELLER does not and will not conflict with or result in the breach of any condition or provision, or constitute a default under, or result in the creation or imposition of any lien, charge, or encumbrance upon any of the Property or assets of the SELLER by reason of the terns of any contract, mortgage, lien, lease, agreement, indenture, instrument or judgment to which the SELLER is a party of which is or purports to be binding upon the SELLER or which affects the SELLER; no action by any federal, state or municipal or other governmental department, CRA, board, bureau or instrumentality is necessary to make this Agreement a valid instrument binding upon the SELLER in accordance with its terms. 4.4 SELLER represents that SELLER will not, between the date of this Agreement and the Closing, without PURCHASER'S prior written consent, which consent shall not be unreasonably withheld or delayed, except in the ordinary course of business, create by their consent any encumbrances on the Property. For purposes of this provision the term "encumbrances" shall mean any liens, claims, options, or other encumbrances, encroachments, rights -of -way, leases, easements, covenants, conditions or restrictions. 4.5 SELLER represents that there are no parties other than SELLER in possession of the Property or any portion of the Property as a lessee. 4.6 SELLER shall not list or offer the Property for sale or solicit or negotiate offers to purchase the Property while this Agreement is in effect. SELLER shall use their best efforts to maintain the Property in its present condition so as to ensure that it shall remain substantially in the same condition from the conclusion of the forty (45) day Inspection Period to the Closing Date. 5. EVIDENCE OF TITLE. 5.1 Title to the Prope_yt . SELLER shall convey to PURCHASER at Closing, by deli -,my of a Special Warranty Deed, title to the subject Property. SELLER shall, within fifteen (15) days of the commencement of the Inspection Period, seem a title insurance commitment issued by a title insurance underwriter approved and selected by SELLER for the Property insuring Page 4 EXHIBIT "D" PURCHASER'S title to the Property subject only to those exceptions set forth in the commitment. The costs and expenses relative to the issuance of a title commitment and an owner's title policy shall be borne by the PURCHASER PURCHASER shall have fifteen (15) days from the date of receiving said commitment to examine the title commitment. If PURCHASER objects to any exception to title as shown in the title commitment, PURCHASER within ten (10) days of expiration of the Inspection Period shall notify SELLER in writing specifying the specific exception(s) to which it objects. Any objection(s) of which PURCHASER has so notified SELLER, and which SELLER chooses to cure, shall be cured by SELLER so as to enable the removal of said objection(s) from the title commitment within ten (10) days after PURCHASER has provided notice to SELLER. Within five (5) days after the expiration of SELLER'S time to cure any objection, SELLER shall send to PURCHASER a notice in writing (a "cure notice") stating either (1) that the objection has been cured and in such case enclosing evidence of such cure, or (ii) that SELLER is either unable to cure or has chosen not to cure such objection. If SELLER shall be unable or unwilling to cure all objections within the time period set forth in the preceding sentence, then PURCHASER may (a) terminate this Agreement by written notice to the SELLER within five (5) days after receipt of a cure notice specifying an uncured objection, in which event all instruments and monies held by the Escrow Agent shall be immediately returned to PURCHASER; or (b) subject to the provisions set forth below, proceed to close the transaction contemplated herein despite the uncured objection. 5.2. Survey and Legal Description, Within ten (10) days of the commencement of the Inspection Period, PURCHASER at its own expense shall order. (i) a survey prepared by a registered land surveyor or engineer licensed in the State of Florida showing the boundaries of the Property, and the location of any easements thereon and certifying the number of acres (to the nearest one thousandth acre) of land contained in the Property, all buildings, improvements and encroachments; and (ii) a correct legal description of the Property which, upon approval thereof by PURCHASER and SELLER (not to be unreasonably withheld), shall be the legal description used in the deed of conveyance. The survey and legal description shall be prepared and certified by a surveyor licensed and registered in the State of Florida and shall comply with the requirements of the survey map established in connection with the issuance of an owner's title insurance policy on the Property. The survey shall be certified to PURCHASER and the title insurance company issuing the title insurance. Page 5 EXHIBIT "D" 6. PURCHASER'S REPRESENTATIONS. PURCHASER hereby represents and warrants to the best of its knowledge that all of the following are true and correct: (a) PURCHASER has full power and authority to enter into this Agreement and to assume and perform all of its obligations hereunder. (b) The execution and delivery of this Agreement and the consummation of the transaction contemplated hereunder on the part of the PURCHASER do not and will not violate the corporate or organizational documents of PURCHASER and will not conflict with or result in the breach of any condition or provision, or constitute a default under, or result in the creation or imposition of any lien, charge or encumbrance upon any of the terms of any contract, mortgage, lien, lease, agreement, indenture, instrument or judgment to which the PURCHASER is a party. (c) No action by any federal, state, municipal or other governmental department, board, bureau or instrumentality is necessary to make this Agreement a valid instrument binding upon PURCHASER in accordance with its terms and conditions. All of the representations, warranties and covenants of PURCHASER contained in this Agreement or in any other document, delivered to SELLER in connection with the transaction contemplated herein shall be true and correct in all material respects and not in default at the time of Closing, just as though they were made at such time. 7. CONDITIONS PRECEDENT TO CLOSIIYG. Each of the following events or occurrences ( "Conditions Precedents ") shall be a condition precedent to PURCHASER'S obligation to close this transaction: (a) That the PURCHASER has not timely notified SELLER that it is not satisfied with the Inspection Period investigation conducted on the Property during the Inspection Period. (b) SELLER has performed all covenants, agreements and obligations, and complied with all conditions required by this Agreement to covey clear and marketable title of the Property to PURCHASER, prior to closing. (c) Approval of this Agreement by the Delray Beach Community Redevelopment Agency. Page 6 EXHIBIT "D" (d) Approval of this Agreement by the Delray Beach City Commission. S. RISK OF LOSS. Risk of loss or damage from fire, other casualty, or both, is assumed by SELLER until the deed described in Paragraph 5.1 hereof is delivered by SELLER to PURCHASER In the event any portion of the Property is destroyed, rendered unleaseable or dysfunctional by fire or other casualty then the following shall apply: (a) If the damage, as determined by the insurance adjuster, is not more than $25,000 dollars, (i) PURCHASER shall complete settlement and all insurance proceeds relating to the improvements damaged by such casualty loss shall be paid to the PURCHASER, and (ii) SELLER shall assign to PURCHASER on the date of Closing the full amount of any proceeds payable under SELLER'S fire and extended coverage insurance policy applicable to said damage; (b) If the damage, as determined by the insurance adjuster, is more than $25,000 dollars, PURCHASER shall have the option to (i) complete the settlement hereunder and collect all available insurance proceeds relating to the improvements damaged by such casualty loss, in which case SELLER shall pay to PURCHASER on the date of Closing the full amount of any deductible under SELLER'S fire and extended coverage insurance policy, or (ii) terminate this Agreement and receive a refund of entire deposit and interest. SELLER warrants that they shall maintain until the date of the Closing adequate "All Risk" property insurance; and: (c) In the event the Property, or any portion thereof, is condemned by any governmental authority under its power of eminent domain or becomes the subject of a notice of condemnation, prior to Closing, PURCHASER may elect to terminate this Agreement, or PURCHASER may elect to complete settlement hereunder, in which event SELLER shall assign to PURCHASER all of SELLER'S rigbt, title and interest in and to any condemnation awards, whether pending or already paid applicable to the loss of the real property and the improvements located thereon, and there shall be no adjustment to the Purchase Price. Page 7 EXHIBIT "D" 9. CLOSING DOCUMENTS. At closing, SELLER shall deliver to PURCHASER a Special Warranty Deed, Bill of Sale, if applicable, No Lien/Gap Affidavit, Non - Foreign Certification in accordance with Section 1445 of the Internal Revenue Code, 1099 Form and any other documents as listed as title requirements in Schedule B-I of the Title Commitment to assure the conveyance of good and marketable fee simple title of the Property to the PURCHASER 10. CLOSING COSTS, TAXES AND PRORATIONS. PURCHASER agrees that it shall pay for all closing costs associated with the subject transaction. 11. CLOSING DATE AND PLACE. The Closing shall take place within thirty (30) days from the expiration of the Inspection Period and at the law offices of Goren, Cherofi Doody & Ezrol, P.A located at 76 NE 5s' Avenue, Delray Beach, Florida 33483. 12. DEFAULT. In the event of a default by SELLER, PURCHASER shall have the right to enforce the terms and conditions of this Agreement either through a decree for specific performance or injunctive relief. In the event of a default by PURCHASER„ SELLER shall have the right to enforce the terms and conditions of this Agreement either through a decree for specific performance or injunctive relief. 13. CONTINGENCIES. PURCHASER'S obligations under the Agreement are contingent upon the following. (a) That the PURCHASER is fully satisfied with its due diligence investigation conducted during the Inspection Period. (b) The conveyance of clear and marketable title to the Property. (c) The Board of Commissioners of the Delray Beach Community Redevelopment Agency authorizes the transaction in accordance with the terms and provisions set forth in this Agreement. (d) The City Commission of the City of Delray Beach authorizes the transaction in accordance with the terns and provisions set forth in this Agreement. 14. RIGHT TO REPURCHASE. As this Property will be subject to the provisions of an Interlocal Agreement to be entered into contemporaneously by the PURCHASER, SELLER, Page 8 EXHIBIT "D" and the School District of Palm Beach County ( "DISTRICT "), SELLER expressly reserves the right at its sole option and election, to repurchase the Property for the same Purchase Price as paid by PURCHASER to SELLER hereunder, in the event the DISTRICT shall fail to construct and obtain a certificate of occupancy for a single family residence within thirty six (36) months of the Closing Date; subject, however, to extensions for delays attributable to force majeure as hereinafter provided. Accordingly, prior to closing, PURCHASER and SELLER shall enter into a separate document which is to be recorded in the Public Records of Palm Beach County, Florida, and provide for the ability of the SELLER to repurchase the Properly for the same Purchase Price from the PURCHASER. Notwithstanding the provisions of the immediately preceding sentences, the dates provided above may be extended on a day for day basis for delays occasioned by acts of God, catastrophe and inclement weather which is in excess of those days normally forecasted by the National Weather Service for the given month in South Florida which interfere with construction, unforeseen physical conditions on the site, unavailability or shortages of material or labor, labor disputes, governmental approvals or restrictions and any appeals thereof, claims or lawsuits by any third party (whether individual or otherwise) threatened or instituted to prevent the issuance of any appro, als or permits, the commencement of construction or otherwise stop construction of the dexelopment after commencement, or other matters beyond the reasonable control of PURCHASER (collectively "Force Maj eure "). By the tenth (10) business day of each of month, PURCHASER shall deliver or cause to be delivered to SELLER a list of the days during each proceeding month as to which PURCHASER believes the Force Majeure provisions apply and the reasons therefore. SELLER shall, within ten (10) business days after receipt of any such list provide notice to PURCHASER as to whether SELLER disputes that any of the days set forth on that list would give rise to an extension of time for PURCHASER's performance based on Force Majeure. Any days claimed to be subject to the foregoing Farce Majeure provision by PURCHASER which are not so disputed by SELLER within said time period shall be deemed approved by SELLER. In the event of a dispute between SELLER and PURCHASER as to whether there has been a commencement of construction as provided in this Section or whether a claim for delay is valid or otherwise in connection with this Agreement and the transactions contemplated thereby shall be endeavored to be resolved and settled by mediation using a mutually acceptable third party mediator. Such mediator shall be appointed upon the written demand of either party. Upon such appointment, the mediation shall be held within fifteen (15) days at a mutually agreeable site in Palm Beach County, Florida. The fees and expenses of such mediator shall be born equally by the parties hereto. In the event of the Page 9 EXHIBIT "D" failure of the parties to settle the dispute by mediation, either party may bring the dispute for legal redress before the City Court in and for Palm Beach County, Florida. 15. BROKER: The parties each represent to the other that they have not dealt with any real estate broker, real estate salesman or finder in conjunction with this transaction who is entitled to a fee or brokerage commission in accordance with Florida law. 16. ENFORCEABILITY. If any provision in this Agreement shall be held to be excessively broad, it shall be construed, by limiting and reducing it to be enforceable to the extent compatible with applicable law. If any provision in this Agreement shall, notwithstanding the preceding sentence, be held illegal or unenforceable, such illegality or unenforceability shall not affect any other provision of this Agreement. 17. NOTICE. All written notices shall be deemed effective if sent to the following places: SELLER. Delray Beach Community Redevelopment Agency 20 North Swinton Avenue Delray Beach, Florida 33444 Attn: Diane Colons, Executive Director With Copy to: David N. Tolces, Esquire GOREN, CHEROF, DOODY & EZROL, P.A. 3099 East Commercial Boulevard, #200 Fort Lauderdale, Florida. 33308 Tel: (954) 771- 4500/Fax: (954) 7714923 PURCHASER City of Delray Beach 100 N.W. 1 " Avenue Delray Beach, Florida 334441533 Attn: Louie Chapman, Jr., City Manager Tel: (561) 243 -7010 Fax: (561) 243 With a Copy to: Brian Shutt, City Attorney 200 N.W. 1 "Avenue Delray Beach, Florida 33444 Tel: (561) 243 -7090 Fax: (561) 278 -4755 Page 10 EXHIBIT "D" 18. GOVERNING LAW. This Agreement shall be governed by the laws of the State of Florida Venue shall be in the Federal or State Courts in Palm Beach County, Florida. 14. ENTIRE AGREEMENT. All prior understandings and agreements between SELLER and PURCHASER are merged in this Agreement. This Agreement completely expresses their full agreement. 20. AMENDMENT. No modification or amendment of this Agreement shall be of any force or effect unless in writing and executed by both SELLER and PURCHASER 21. SUCCESSORS. This Agreement shall apply to and bind the executors, administrators, successors and assigns of SELLER and PURCHASER. 22. COUNTERPARTS: This Agreement may be executed in two or more counterparts, each of which shall be taken to be an original and all collectively deemed one instrument. The parties hereto agree that a facsimile copy hereof and any signatures hereon shall be considered for all purposes as originals. 23. LITIGATION COSTS: In connection with any litigation arising out of this Agreement, the prevailing party shall be entitled to recover from the non - prevailing party all costs and expenses incurred, including its reasonable attorney's fees at all trial and appellate levels and post judgment proceedings. (SIGNATURE PAGE TO FOLLOW) Page 11 EXHIBIT "D" W WITNESS WHEREOF, the parties have executed this Agreement as of the dates indicated above: Witnesses: Print t Name: Print Name: ATTEST: City Clerk Approved as to Form: City Attorney SELLER. Delray Beach Community Redevelopment Agency By: Howard Lewis, Chair Signed on: PURCHASER: CITY OF DELRAY BEACH, FLORIDA By: Cary Glickstein, Mayor Signed on: HA GOV CLI6NTS0BCRA 655/060018 DBCRrV.AGMT 2013%Sale to City of Delmy Beach (Engle Nest 108 -110 NW 12 Ave).doc Page 12 EXHIBIT "D" PROPERTY CONTROL NUMBER, LOCATION AND LEGAL DESCRIPTION (subject to verification by a survey to be obtained by Purchaser) 108 -110 NW 120' Avenue PCN # 124346- 17-42- 002 -0021 Page 13 MEMORANDUM TO: Mayor and City Commissioners FROM: Jasmin Allen, Planner Mark McDonnell, AICP, Interim Director of Planning and Zoning THROUGH: Louie Chapman, Jr., City Manager DATE: February 11, 2014 SUBJECT: AGENDA ITEM 11.A. - REGULAR COMMISSION MEETING OF FEBRUARY 24, 2014 ORDINANCE NO. 03-14 ITEM BEFORE COMMISSION The item before Commission is consideration of a privately- initiated small -scale Future Land Use Map amendment for a 0.86 acre parcel located within the Coda Development. The proposed request includes changing the Future Land Use Map designation from TRN (Transitional) to MD (Medium Density Residential 5 -12 du /ac) and an associated amendment to the Future Land Use Map to identify that the property is included within the Southwest Neighborhood Overlay District. The subject property is located on the south side of SW 1 st Street, between SW 1 st Avenue and SW 2nd Avenue. BACKGROUND The overall Coda development contains 2.45 acres. The subject area measures 0.86 acres and is vacant in part (north 0.62 acre). The south 0.24 acre portion of the subject parcel is improved with a driveway and parking area. Prior to September 2004, the entire Coda Development was zoned RM (Medium Density Residential) District and was designated MD (Medium Density Residential 5 -12 du /ac) on the Future Land Use Map. At its meeting of September 21, 2004, the City Commission approved a Small -Scale Future Land Use Map amendment from MD (Medium Density Residential 5 -12 du /ac) to TRN (Transitional) and Rezoning from RM (Medium Density Residential) to RO (Residential /Office) for the north 0.86 acre of the Coda development site. This action was in conjunction with a development proposal to accommodate a mixed -use building at the north end of the site. On January 3, 2006, the City Commission adopted Ordinance 80 -05, rezoning a portion (0.24 acres) of the 0.86 RO (Residential Office) parcel to RM (Medium Density Residential). On February 22, 2006, the Site Plan Review and Appearance Board approved a Class V site plan to construct a 3 -story mixed - use building that accommodated 19,448 square feet of gross office floor area on the first and second floors and four 2- bedroom loft units together with 36 stand -alone townhouse units. The mixed -use building was never constructed and that portion of the site has remained vacant. The current proposal for development of the subject property is to construct 16 townhomes for a total of 52 townhomes within the development. An attendant rezoning from RO (Residential Office) to RM (Medium Density Residential 5 -12 du /ac) and an amendment to the Land Development Regulations to expand the Southwest Neighborhood Overlay District map to include the subject property are being processed in order to accommodate the proposed development. REVIEW BY OTHERS At its meeting of January 27, 2014, the Planning and Zoning Board held a public hearing and recommended approval on a 7 to 0 vote of the Future Land Use Map amendment from TRN to MD and the associated amendment to the Future Land Use Map to identify that the property is included within the Southwest Neighborhood Overlay District. RECOMMENDATION Approve on first reading Ordinance 03 -14, the privately initiated small -scale Future Land Use Map amendment from TRN (Transitional) to MD (Medium Density Residential 5 -12 du /ac) and an associated amendment to the Future Land Use Map to identify that the property is included within the Southwest Neighborhood Overlay District for a 0.86 acre parcel of land located on the south side of SW 1 st Street, between SW 1 st Avenue and SW 2nd Avenue within the Coda Development, 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 the Southwest Area Neighborhood Redevelopment 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. ORDINANCE NO. 03 -14 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA ADOPTING A SMALL -SCALE COMPREHENSIVE PLAN AMENDMENT, PURSUANT TO THE PROVISIONS OF THE "COMMUNITY PLANNING ACT ", FLORIDA STATUTES SECTION 163.3187, FOR A SMALL -SCALE FUTURE LAND USE MAP AMENDMENT FROM TRN (TRANSITIONAL) TO MD (MEDIUM DENSITY RESIDENTIAL 5 -12 DU /AC) FOR LAND LOCATED ON THE SOUTH SIDE OF SW 1sT STREET, BETWEEN SW 1sT AVENUE AND SW 2" AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN AND AN ASSOCIATED AMENDMENT TO THE FUTURE LAND USE MAP TO IDENTIFY THAT SAID PROPERTY IS INCLUDED WITHIN THE SOUTHWEST NEIGHBORHOOD OVERLAY DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING 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 163.3248, inclusive, known as the "Community Planning Act "; and WHEREAS, via Ordinance No. 82 -89, the City Commission adopted the document entitled "Comprehensive Plan - Delray Beach, Florida "; and WHEREAS, New Urban Lighthouse, LLC is the fee simple owner of the property located on the south side of SW 1st Street, between SW 1st Avenue and SW 2nd Avenue; and WHEREAS, the subject property hereinafter described has an existing Future Land Use Map (FLUM) designation of TRN (Transitional); and WHEREAS, the owner of the property requested to change the Future Land Use Map designation from TRN (Transitional) to MD (Medium Density Residential 5 -12 du /ac); and WHEREAS, New Urban Lighthouse, LLC, has requested an amendment to the Future Land Use Map to modify the Southwest Neighborhood Overlay District to include said property located on the south side of SW 1st Street, between SW 1st Avenue and SW 2nd Avenue; and WHEREAS, at its meeting of January 27, 2014, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 7 to 0 to recommend that the request be approved, based upon positive findings; and WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the changes are consistent with and further the objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings of the Planning and Zoning Board; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida be amended to reflect the revised zoning classification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That the Future Land Use Map designation of the subject property is hereby officially affixed as MD (Medium Density Residential 5 -12 du /ac) for the following described property: The North 131 feet of Coda, according to the Plat thereof as recorded in Plat Book 108, Pages 11 through 12 of the Public Records of Palm Beach County, Florida. Section 3. That the Future Land Use Map is hereby amended to modify the Southwest Neighborhood Overlay District to include said herein described property located on the south side of SW 1st Street, between SW 1st Avenue and SW 2nd Avenue. Section 4. 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 163.3248, inclusive, known as the "Community Planning Act." Section 5. That the Planning and Zoning Director of the said City shall, upon the effective date of this ordinance, amend the Future land Use Map of the City of Delray Beach, Florida, to conform with the provisions of Section 2 and Section 3 hereof. Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. 2 ORD NO. 03 -14 Section 7. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 8. That this ordinance shall become effective as follows: thirty -one (3 1) days after adoption, unless the Comprehensive Plan amendment is timely challenged. If timely challenged, the effective date of this Ordinance shall be the date a final order is issued by the State Land Planning or the Administration Commission, finding the adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the State Land Planning Agency. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2014. ATTEST City Clerk First Reading Second Reading MAYOR 3 ORD NO. 03 -14 PLANNING AND ZONING BOARD I CITY OF DELRAY BEACH --- STAFF REPOZT-- MEETING DATE: January 27, 2014 ITEM: Privately- initiated small -scale Future Land Use Map amendment from TRN (Transitional) 'to MD (Medium Density Residential 5 -12 du/ac); and an associated amendment to the Future Land Use Map to identify that the property is included within the Southwest Neighborhood Overlay District; and Rezoning from RO (Residential Office) District to RM (Medium Density Residential) District for a parcel of land located on the south side of SW 1st Street, between SW 1st Avenue and SW 2nd Avenue within the Coda Development. (Quasi - Judicial Hearing). GENERAL. DATA: Owner /Applicant ...................... Agent....... ............................... Location . ............................... _ Property Size .......................... Existing FLUM Proposed FLUM Existing Zoning Proposed Zoning Adjacent Zoning New Urban Lighthouse, LLC Tim Hernandez Located on the south side of SW 1St Street, between SW 1 St Avenue and SW 2nd Avenue 0.86 Acres (Area of FLUM) 0.62 Acres (Area of Rezoning) TRN (Transitional) MD (Medium Density Residential 5- 12 dulac) RO (Residential Office) RM (Medium Density Residential) .......North: CF (Community Facilities) East: OSSHAD (Old School Square Historic Arts District) South: RM (Medium Density Residential) West: CF (Community Facilities) Existing Land Use ...................... Vacant Proposed Land Use .................... Construct 16 townhomes Water Service ............................. Available via connections on SW 1 St Street Sewer Service ............................. Sewer service is available via connections to existing sewer lines within the developed portion of the site to the south OARD IT.E B��ORE THE B IyAr The item before the Board is that of making a recommendation to the City Commission on a privately- initiated small -scale Comprehensive Plan /Future Land Use Map amendment and rezoning for Coda, located on the south side of SW 1St Street, between SW 1St Avenue and SW 2nd Avenue. The small -scale Comprehensive Plan amendments consist of a Future Land Use Map change from TRN (Transitional) to MD (Medium Density Residential 5 -12 du /ac) and modifying the Future Land Use Map to reflect an expansion of the Southwest Neighborhood Overlay District to include the subject property. The associated rezoning consists of a zoning change from RO (Residential Office) to RM (Medium Density Residential). Pursuant to Section 2.2.2(1;)(6) of the Land Development Regulations, the Planning and Zoning Board shall review and make a recommendation to the City Commission with respect to amendments to the Future Land Use Map or the Rezoning of any property within the City. The overall development contains 2.45 acres and is divided into two future land use map categories and two zoning districts, namely Transitional and Medium Density Residential; and, Residential Office and Medium Density Residential zoning districts. The subject area of this action has a Future Land Use Map designation of TRN (Transitional) and is zoned RO (Residential Office) and is vacant. The remaining site is designated MD (Medium Density Residential 5 -12 dulac) on the Future Land Use Map and is zoned RM (Medium Density Residential) and contains thirty -six (36) townhomes. The following is provided with respect to the land use history of this development: At its meeting of September 21, 2004, the City Commission approved a Small -Scale Future Land Use Map amendment from MD (Medium Density Residential 5 -12 du /ac) to TRN (Transitional) and Rezoning from RM (Medium Density Residential) to RO (Residential /Office) for the north 0.86 acre of the Coda development site. This action was in conjunction with a development proposal to accommodate a mixed -use building at the north end of the site. On January 3, 2006, the City Commission adopted Ordinance 80 -05, rezoning a portion of the 0.86 RO (Residential Office) parcel to RM (Medium Density Residential). This rezoning was requested as the developer discovered that the land area zoned RM did not meet the proposed density requirements. Concurrently, the City Commission approved a conditional use request to allow an increase above 12 dwelling units per acre (19.6 du /ac proposed) pursuant to the City's FamilylWorkforce Housing Ordinance on the RM portion of the site. On February 22, 2006, the Site Plan Review and Appearance Board approved a Class V site plan to construct a 3 -story mixed -use building that accommodated 19,448 square feet of gross office floor area on the first and second floors and four 2- bedroom loft units together with 36 stand -alone townhouse units. Subsequent to these approvals, several minor site plan modifications have been processed during the construction of the residential units. The current proposal for development of the property is to construct 16 townhomes. The small - scale Future Land Use Map amendments and rezoning, currently before the Board, are necessary to accommodate the proposed use. Additionally, in order to obtain a density in excess of 12 units per acre (21.22 units per acre proposed) under the proposed RM zoning, the applicant is seeking a concurrent amendment to the Land Development Regulations to expand Planning and Zoning Board Staff Report — January 27, 2014 Coda — Future Land Use Map Amendment and Rezoning Page 2 of 12 the Southwest Neighborhood Overlay District map exhibit to include the subject property, as well as a concurrent conditional use request, which are being processed separately. FUT,UrRE, LAND USE MAP. 'AMEN,DME.NT, ANALYSIS Current Land Use Desi nation: The current Future Land Use Map designation for the subject property is TRN (Transitional). Requested Land Use Desi nation; The requested Future Land Use Designation is MD (Medium Density Residential 5 -12 dulac) REQUIRED FINDINGS LAND DEVELOPMENT REGULATIONS CHAPTER 3— PERFORMANCE STANDARDS: Pursuant to LDR 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. © 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. Based on past Future Land Use Map amendments and rezoning actions the area subject to the FLUM amendment action is 0.86 acres (however, with the adoption of Ordinance 80 -05, which rezoned 0.21 acres of the 0,86 acre site, the area now being rezoned is 0.62 acres). The proposed Future Land Use Map amendment is being processed as a small scale Comprehensive Plan amendment. Florida Statutes F.S. 163.3187 provides a small scale development amendment may be adopted under the following conditions: (a) The proposed amendment involves a use of 10 acres or fewer; (b) The cumulative annual effect of the acreage for all small scale development amendments adopted by the local government does not exceed a maximum of 120 acres in a calendar year; (c) The proposed amendment does not involve a text change to the goals, policies, and objectives of the local government's comprehensive plan, but only proposes a land use change to the future land use map for a site - specific small scale development activity. However, text changes that relate directly to, and are adopted simultaneously with, the small scale future land use map amendment shall be permissible under this section; (d) The property that is the subject of the proposed amendment is not located within an area of critical state concern, unless the project subject to the proposed amendment involves the construction of affordable housing units meeting the criteria of s. Planning and Zoning Board Staff Report --- January 27, 2014 Coda — Future Land Use Map Amendment and Rezoning Page 3o €12 420.0004(3), and is located within an area of critical state concern designated by s. 380.0552 or by the Administration Commission pursuant to s. 380.05(1). This is the third amendment for 2013, which results in a cumulative total of 2.09 acres for these three small -scale amendments (0.49 acres + 0.74 acres + 0.86 acres = 2.09 acres), thus the maximum of 120 acres has not been exceeded. The proposed FLUM amendment does not involve a text change to the goals, policies, and objectives of the Comprehensive Plan_ The request is to process a change to the Future Land Use Map for a site - specific vacant parcel of land which is part of a larger subdivision. The applicant has indicated that sixteen townhomes will be built on the property. The subject property is not located within an area of critical state concern, but will include the construction of affordable housing units. Thus, the proposed FLUM amendment can be processed as a small scale amendment because it complies with all of the above conditions. The proposed land use change is to accommodate Medium Density Residential uses which provide for a density in excess of 12 units per acre subject to the provision of family workforce housing for the future development of the parcel. The existing RO (Residential Office) zoning and TRN (Transitional) FLUM designation does not allow a density in excess of 12 units per acre within this geographic area of the City. Pursuant to LDR Section 4.4.6 the RM (Medium Density Residential) zoning district provides a residential zoning district with flexible densities having a base of 6 units per acre and a maximum of 12 units per acre except within the Southwest Neighborhood Overlay District and the Carver Estates Overlay District where the maximum density is 24 units per acre, and within the Infill Workforce Housing Area, where the maximum density is 18 units per acre. Pursuant to LDR Section 4.4.6 (B)(3) multiple family structures are principal (permitted) uses. Policy A -7.1, Future Land Use Element states "The maximum density may be increased within the Medium Density, General Commercial and Transitional Future Land Use designations through the Workforce Housing "Density Bonus Program ". The applicant is requesting an amendment to modify the boundaries of the Southwest Neighborhood Overlay District as depicted in the geographic map pursuant to [LDR Section 4.7.1(p)] to include the subject property. This would allow for an increase in density from 12 units per acre to a maximum of 24 units per acre subject to the approval of a conditional use request and the provision of workforce housing units. The LDR text amendment and conditional use applications are being processed separately. Policy A -7.2 Workforce Housing Overlay Districts shall be identified on the Future Land Use Map. The maximum density within these districts shall be as follows: • The MROC (Mixed Residential Office Commercial) zoning district shall have a maximum density of 40 units per acre except within the Tri -rail Station Overlay where the maximum density is 50 units per acre. • The Southwest Neighborhood and Carver Estates Overlay Districts shall have a maximum density of 24 units per acre. • The 1- 951CSX RR Corridor Overlay District shall have a maximum of 24 units per acre. • The SW 10th Street Overlay District shall have a maximum density of 12 units per acre. • The l=our Corners Overlay District shall have a maximum density of 30 units per acre. Planning and Zoning Board Staff Report — January 27, 2014 Coda — Future Land Use Map Amendment and Rezoning Page 4 of 12 ® All other Overlay Districts shall have a maximum density of 18 units per acre. The Future Land Use Map amendment action also includes modifying the map to reflect that the subject parcel is included within the Southwest Neighborhood Overlay District as shown on the attached map exhibits. The applicant is proposing a density of 21.22 units per acre which is consistent with the maximum density of 24 units per acre. As an increase in density is allowed within the MD Future Land Use designation through the Workforce Housing "Density Bonus Program ", within the Southwest Neighborhood Overlay District based upon the above, a positive finding can be made with respect to consistency with the Future Land Use Map designation. ❑ Concurrency: Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. 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 (including public schools), of the requested land use and/or development application, will not exceed the ability of the City and The School District of Palm Beach County to fund and provide, or to require the provision of needed capital improvements to maintain the Levels of Service Standards established in Table CI -GOP -1 of the adopted Comprehensive Plan of the City of Delray Beach. Water_ Water service is available via connections to an existing 8" water main located within the SW 1st Street right -of -way. Water treatment is provided by the City of Delray Beach at the Water Treatment Plant. Water demand projections for the City's Water Service Area were calculated based on the City's population projections multiplied by the projected per capita demands. Potable water demand projections, credits for the use of reclaimed water and the total excess /deficit for the years 2010 through 2030 are given in the following table. The City's Utilities Department has indicated that adequate capacity exists to service the subject property at its maximum development potential proposed with this FLUM Amendment Potable Water Demand Projections Year 2010 2015 2020 2025 2030 Service Area Population 69,335 74,504 81,114 82,233 82,556 Per Capita Use ( pd) ) 240 240 240 240 240 Avg. Daily Demand (MG) 16.64 17.88 19.47 19.74 19.81 Permit Base Condition (MGD ) 19.00 19.00 19.00 19.00 19.00 Excess /(Deficit) (MGD) 2.36 1.12 (0,47) {0.74) (0.81) Alternative sources Reclaimed Water Credits for Ground Water Demand Removal 1.08 1.895 1.895 1.895 1.895 Potable demand removal 039 0.84 0.84 0.84 0.84 Total Excess /Deficit 3.83 3.85 2.27 2.00 1 92 Planning and Zoning Board Staff Report -- January 27, 2014 Coda — Future Land Use Map Amendment and Rezoning Page 5 of 12 Notes: 1. Population projections based on Palm Beach County 2007 Population Allocation Model using March 2008 BEBR Population Projections. 2. Per capita use assumes a 10% reduction from current permitted values achieved through conservation. 3. Permit base condition as provided by SFWMD per ground water availability rule. Sewer. Sewer service is available via connections to existing sanitary sewer lines within the developed portion of the site to the south. Adequate capacity is available in the City's water and wastewater systems to meet the demand, the proposed FLUM amendment will not impact the level of service standard. Traffic: An analysis of the traffic impacts associated with the maximum development potential for both the existing and proposed Future Land Use Map designations and zoning were conducted. The study notes that the approved development of 17,780 sq. ft. of net office use area with 4 residential units under the current RO zoning would generate 385 average daily trips. Additionally, under the current RO zoning, the maximum potential development for the site is 26,670 square feet of medical office which would generate 964 average daily trips. While the current proposal of 16 townhouse units generates 112 average daily trips, the maximum development potential under the MD designation is 20 multi - family units (24 units per acre (maximum) x 0.86 acres) which generate 140 average daily trips. Based on the above traffic generation rates, the traffic study concludes that the traffic to be generated with the_ redevelopment of the site under the MD land use designation and RM zoning under its maximum potential will be significantly less than the trips either by the approved mixed -use building or the maximum potential traffic that could be generated under the existing RO zoning district and correspondingly under the TRN land use designation. Drainage_ Within this area of the City, drainage is usually accommodated on -site via exfiltration trench systems or swale retention areas. While no problems are anticipated with obtaining South Florida Water Management District permits, technical comments and issues pertaining to the drainage will be addressed during the conditional use and site plan process. Parks and Open Space. The Open Space and Recreation Element of the City's Comprehensive Plan indicate in its conclusion that "The City will have sufficient recreation facilities at build -out to meet the adopted standards." The LOS standard for open space and recreation in the city is 3 acres per 1,000 residents. The amount of land currently provided in activity based recreation facilities, the municipal beaches, and the two public, golf courses, establishes a level of service of 6.2 acres per 1,000 residents (2007), far exceeding the general guideline. Additionally, a park impact fee is collected to offset any impacts that a residential project may have on the City's recreational facilities. Pursuant to LDR Section 5.3.2, a park impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building permit for Planning and Zoning Board Staff Report — January 27, 2014 Coda — Future Land Use Map Amendment and Rezoning Page 6 of 12 each residential unit at the time a project is presented for approval at the Building Department. This item will be addressed during the Site Plan Review process. Education School Concurrenc : 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 and a written finding of approval from the School District has been provided. Based upon the above, positive findings can be made with respect to this level of service standard. Solid Waste: As shown on the following table, with the proposed amendment, the maximum development potential of the property would result in a net decrease of 42.1 tons per year in solid waste generation. Existing ❑euelopment'Under, y ns tonal Maxamurn Development Potentiak Uesi nation UnderMedrum,I7enSit 19,448 sq. ft. @ 5.4 lbslsq, ft. =52.5 tons per year plus 0.8 per unit X 4 units =3.2 tons 20 MF Units @.52 tons /year = 10.4 tons per year = Total 55.7 tons per year In its annual capacity letter, dated January 7, 2013, the Solid Waste Authority indicates that it has sufficient capacity for concurrency management and comprehensive planning purposes. As stated in the letter, "Capacity is available for both the coming year, and the five and ten year planning periods specified in 9J -5- 005 (4)," Based on population projections, waste generation rate projections, waste reduction, and recycling, the Solid Waste Authority forecasts that capacity will be available at the existing landfill through approximately 2046. Based on the above analysis, positive findings can be made at this time with regard to concurrency for all services and facilities. LJ 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 Policy A -7.7: 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. The Applicant has provided the following statement: "This request is to re- designate the north portion of the subject property from TRN to MD to allow the construction of 16 additional townhomes as Coda on the north potion of the site which was originally planned for a mixed -use (office /residential) building. The entire site was originally zoned RM, but was rezoned to RO to permit the construction of a three story mixed use building with office on the first and second floors and 4 residential units on the third floor. The townhome portion of Coda, with 36 units is now complete. The application will result in a 52 -unit townhome development when completed. The townhome development will match the Bermuda style architecture of the first 36 townhomes, with white tile roofs, balconies and porches. The development of the property will further stabilize the surrounding neighborhood and will be consistency with the Housing Element, Goal Area A." The requested MD FLUM designation will allow residential uses similar in density and character with the remaining portion of the Coda development. The proposed land use map change is more consistent with the existing character and residential nature of the development. These circumstances demonstrate a need for the requested zoning and FLUM change. Future Land Use Element Ob "ective A -': Property shall be developed or redeveloped, in a manner so that the future use, intensity and density are appropriate in terms of soil, topographic, and other applicable physical considerations; encourage affordable goods and services; are complementary to and compatible with adjacent land uses; and fulfill remaining land use needs. There are no significant environmental characteristics to the subject property. The future development of the property based upon the proposed MD land use map designation and RM zoning will be complimentary to the adjacent land uses which consist of multiple - family residential uses to the south, a mixed -use (restaurant /hotel) development to the east, the South County Courthouse parking garage and parking lot to the north and the South County Courthouse to the west. While it will eliminate the provision of much needed Class A office space, it will provide for the consistent build -out of the Coda development, the provision of additional workforce housing units within the Southwest Neighborhood Overlay District as discussed in greater detail with Future Land Use Element Policies C -1.7. Based upon the above, a positive finding can be made with respect to Future Land Use Element Objective A -1. Policy C -1.7 The following pertains to redevelopment of the Southwest Neighborhood Area: Planning and Zoning Board Staff Report — January 27, 2014 Coda — Future Land Use Map Amendment and Rezoning Page 8 of 12 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 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. The proposed FLUM amendment and rezoning is associated with an overall development proposal which will provide sixteen new townhouse units, including two new workforce housing units. While the proposal eliminates the potential for Class A office space, the site has remained vacant and this zoning change will allow the build -out of a residential development that has provided a substantial redevelopment in the Southwest Neighborhood area. Policy A -11.3 In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. As indicated above, prior to the adoption of Ordinance No. 47 -04 on September 21, 2004, the property had a MD Future Land Use Map designation. The adoption of the Transitional designation was accomplished to accommodate a specific development proposal that included office uses. Reverting back to the MD designation will not result degradation of the neighborhood as impacts such as traffic and solid waste will be reduced and no odors or dust will be generated by the proposed use. ❑ Compliance with LDRs: Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. Whenever an item is identified elsewhere in these Land Development Regulations (LDRs), it shall specifically be addressed by the body taking final action on a land development Planning and Zoning Board Staff Report — January 27, 2014 Coda — Future Land Use Map Amendment and Rezoning Page 9 of 12 applicationfrequest. Such items are found in Section 2.4.5 and in special regulation portions of individual zoning district regulations. The applicant has submitted a development proposal for the construction of 16 townhomes which will be reviewed for compliance with the provisions and requirements of the Land Development Regulations as part of the conditional use and site plan process. ❑ Compatibility: The requested designation will be compatible with the existing and future land uses of the surrounding area. As demonstrated in the "Rezoning Analysis" section under findings for Section 3.2.2 (Standards for rezoning Actions) the requested RM (Medium Density Residential) zoning and MD (Medium Density Residential) FLUM designation will be compatible with existing and future land uses of the surrounding area and a positive finding with respect to compatibility can be made. LAND DEVELOPMENT REGULATIONS CHAPTER 3— PERFORMANCE STANDARDS: Pursuant to LDR 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. REZONING, A „NALYSIS Section 3.2.2 (Standards for o Rezoning Actions): Standards "A” "B ", "C ", and "E" are not applicable with respect to this rezoning request. The applicable performance standard of LDR Section 3.2.2 is as follows: Standard "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 from the new use. Existing land uses Zoning Designation Land Uses North Community Facilities (CF) Palm Beach County Courthouse Parking Gara e South Medium Density Residential (RM) Multiple Family Residential - Coda Development West Community Facilities CF South County Courthouse East Old School Square Historic Arts District OSSHAD Restaurant/Hotel (Sundy House) Planning and Zoning Board Staff Report — January 27, 2014 Coda — Future Land Use Map Amendment and Rezoning Page 10 of 12 The proposal will rezone the 0.62 acres from RO to RM. The rezoning action is an expansion of the existing RM northward within the boundaries of the Coda Development. No compatibility issues have been identified with the CF zoning /uses to the north and west and the OSSHAD zoning /uses to the east. As demonstrated above, this request does not result in an incompatible land use, thus, the proposed rezoning can be found to be in compliance with Section 3.2.2(D). Section 2.4.5 (D) (5) (Rezoning Findings): Pursuant to Section 2.4.5 (D) (5), Pursuant to LDR Section 2.4.5(D) (5), in addition to provisions of Chapter Three, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: (a) That the zoning had previously been changed, or was originally established, in error; (b) That there has been a change in circumstances which make the current zoning inappropriate; or (c) That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The applicant has submitted the following justification statement based on items (a) and (c) above: (a) Change in circumstances: "There has been a change in zoning which makes the current zoning inappropriate. The property was originally zoned RM. A rezoning application was processed to allow for the construction of a mixed -use office /residential building on the site. Despite marketing the property for 8 years, the applicant has been unable to secure a user or obtain financing to build a speculative office building." (b) Zoning is of similar intensity as allowed and the FLUM designation is „ -a more appropriate category: "The requested zoning is of similar intensity as allowed under the Future Land Use Plan and it is more appropriate for the property based upon circumstances particular to the site and neighborhood. The applicant has completed the construction of the townhomes component of the community. The residents of the existing townhomes at Coda strongly support the rezoning of the parcel to allow the construction, as they believe an all residential community will be more secure, more attractive and will best enhance their property values.” The RM zoning is consistent with the zoning of the residential properties within the Southwest Neighborhood Overlay District and will be similar in intensity as the remaining portion of the development. As indicated in the Concurrency section of this report, the traffic generated by the proposed development will be far less than that which would be generated by the approved mixed -use building. No safety issues have been identified with the existing development, the build -out of the remainder of the site will infill the vacant tract across from the parking garage and will provide a continuity of uselactivities extending from Atlantic Avenue. This will improve the safety of the area and should serve to further stabilize the area. Based on the above, a positive finding can be made with respect to LDR Section 2.4.5(D)(5). Planning and Zoning Board Staff Report — January 27, 2014 Coda — Future Land Use Map Amendment and Rezoning Page 11 of 12 IPA P(' Aintice- On December 19, 2013, notice of the Comprehensive Plan Amendment was provided to the lnterlocal Plan Amendment Review Committee (IPARC) which distributes the information to adjacent municipalities. No objections have been received to date. CommunitZ Redevelo meet Agency CRA): The Delray Beach Community Redevelopment Agency (CRA) reviewed the proposed rezoning at its meeting of November 7, 2013 and recommended approval. Courtesy Notices: A special courtesy notice was provided to the following homeowners associations: • Delray Citizens Coalition Ebony Homeowners Association Public Notices: 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. The proposed FLUM amendment and rezoning will result in the overall Coda development having the same Future Land Use Map and zoning designations and will be similar in intensity as the remaining portion of the development. 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(D)(5) (Rezoning Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan. Therefore, the FLUM amendment from TRN to MD and the rezoning of the subject property from RO to RM can be recommended for approval. A. Move a recommendation of approval to the City Commission for the request for a small - scale Comprehensive Plan amendment associated with a Future Land Use Map amendment from TRN (Transitional) to MD (Medium Density Residential 5 -12 du /ac); an associated amendment to the Future Land Use Map modifying the Southwest Neighborhood Overlay District to include the subject property; and rezoning from RO (Residential Office) to RM (Medium Density Residential) 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 the Southwest Area Neighborhood Redevelopment Plan, and does meet the criteria set forth in Sections 2.4.5(D)(5), 3.1.1 and 322 of the Land Development Regulations. B. Move a recommendation of denial to the City Commission for the request for a small -scale Comprehensive Plan amendment associated with a Future Land Use Map amendment from TRN (Transitional) to MD (Medium Density Residential 5 -12 du /ac); an associated amendment to the Future Land Use Map modifying the Southwest Neighborhood Overlay District to include the subject property; and rezoning from RO (Residential Office) to RM Planning and Zoning Board Staff Report — January 27, 2014 Coda — Future Land Use Map Amendment and Rezoning Page 12 of 12 (Medium Density Residential) for the subject property, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and Southwest Area Neighborhood Redevelopment Plano 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. C. Move to postpone a recommendation of approval or denial and continue the requests for the subject property with direction. STAFIF RE'COMMEN,DATION -; Staff recommends that the Planning and Zoning Board moves a recommendation of approval to the City Commission for the request for a small -scale Comprehensive Plan amendment associated with a Future Land Use Map amendment from TRN (Transitional) to MD (Medium Density Residential 5 -12 du/ac); an associated amendment to the Future Land Use Map modifying the Southwest Neighborhood Overlay District to include the subject property; and rezoning from RO (Residential Office) to RM (Medium Density Residential) 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 the Southwest Area Neighborhood Redevelopment 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. Report prepared by Jasmin Allen, Planner Attachments: • Existing and Proposed Future Land Use maps • Existing and Proposed Maps of the Southwest Neighborhood Overlay District • Existing and Proposed Zoning District maps �0 v W ffmq Al � D CODA s A � SUBJECT AREA � CODA PLANNING AND ZONING BOUNDARY AREA DEPARTMENT r �"--i EXISTING FUTURE LAND USE MAP a� � . .. . ....... . � SUBJECT CODA e A� AREA � � CODA ® PLANNING AND ZONING BOUNDARY AREA DEPARTMENT PROPOSED FUTURE LAND USE MAP `o _ �M •S c WIN Lk 3 0 CL Z JAV Q "s. F Q i $ Q K U .r, O -311tl MS m in Ni�r$i^'�'!� e }„ in o LLLL Y O z WN ° i MN fi u r: M'S rV z 30 •w.r p- �' I Spay - ".J'�'' �.S ' _�" ^ �'kY ";,'�... ❑ Z - LL x§'�sk `� ❑8 rA M"5 F M 'HID HIS •M-N a `L' axs . -M'S O pm may, k4, n; L3 W 1 -,. , Vl '3nv � �H .�'��,�� 2.. WS � c �� M'Nrvs ALILI CE 1 O IN ow -M -N S ry %ic a` 'M'S Ille. m S, E, 2ND ��I SUBJECT AREA CODA PLANNING AND ZONING BOUNDARY AREA DEPARTMENT EXISTING ZONING MAP T L A N T I C > �s SUBJECT AREA N CODA PLANNING AND ZONING BOUNDARY AREA DEPARTMENT r -1 PROPOSED ZONING MAP MiRNV4=1 M1,1016=14111 A T L A N T I C A V E w w z > w LLJ Q > > Q Q S.W. 1ST ST. S. E. 1ST ST. Q w Lei Q Q o � o z cn � CV z O c w IT c, F7 —1 z S. W. 2ND ST. S.E. 2ND ST. IL I vi u� -- DIGITAL BASE MAP SYSTEM -- MAP REF: S: \Planning & Zoning \DBMS \File— Cab \Z —LM 1000 - 1500 \LM1445_Coda Rezoning � N SUBJECT AREA CODA PLANNING AND ZONING BOUNDARY AREA DEPARTMENT FUTURE LAND USE MAP MEMORANDUM TO: Mayor and City Commissioners FROM: Jasmin Allen, Planner Mark McDonnell, AICP, Interim Director of Planning and Zoning THROUGH: Louie Chapman, Jr., City Manager DATE: February 11, 2014 SUBJECT: AGENDA ITEM 11.B. - REGULAR COMMISSION MEETING OF FEBRUARY 24, 2014 ORDINANCE NO. 04-14 ITEM BEFORE COMMISSION The item before Commission is consideration of a privately- initiated rezoning for a 0.62 acre parcel located within the Coda Development. The proposed request includes changing the zoning district map from RO (Residential Office) District to RM (Medium Density Residential) District. The subject property is located on the south side of SW 1 st Street, between SW 1 st Avenue and SW 2nd Avenue. BACKGROUND This action pertains to the north 0.62 acres of the Coda Development. This portion of the development is vacant and is zoned RO (Residential Office). The remaining 1.83 -acre portion contains 36 townhomes and is zoned RM (Medium Density Residential). As stated in the Future Land Use Map amendment report, prior to September 2004, the entire Coda Development was zoned RM (Medium Density Residential) District and was designated MD (Medium Density Residential 5 -12 du /ac) on the Future Land Use Map. At its meeting of September 21, 2004, the City Commission approved a Small -Scale Future Land Use Map amendment from MD (Medium Density Residential 5 -12 du /ac) to TRN (Transitional) and Rezoning from RM (Medium Density Residential) to RO (Residential /Office) for the north 0.86 acre of the Coda development site. This action was in conjunction with a development proposal to accommodate a mixed -use building at the north end of the site. On January 3, 2006, the City Commission adopted Ordinance 80 -05, rezoning a sliver of the 0.86 RO (Residential Office) parcel to RM (Medium Density Residential). This resulted in the north 0.62 acre being zoned RO. On February 22, 2006, the Site Plan Review and Appearance Board approved a Class V site plan to construct a 3 -story mixed -use building that accommodated 19,448 square feet of gross office floor area on the first and second floors and four 2- bedroom loft units together with 36 stand -alone townhouse units. The mixed -use building was never constructed and that portion of the site has remained vacant. The current proposal for development of the subject property is to construct 16 townhomes for a total of 52 townhomes within the development. An attendant Future Land Use Map amendment from TRN (Transitional) to MD (Medium Density Residential 5 -12 du /ac) and an amendment to the Land Development Regulations to expand the Southwest Neighborhood Overlay District map to include the subject property are being processed in order to accommodate the proposed development. REVIEW BY OTHERS At its meeting of January 27, 2014, the Planning and Zoning Board held a public hearing and recommended approval on a 7 to 0 vote of the rezoning from RO (Residential Office) District to RM (Medium Density Residential) District. RECOMMENDATION Approve on first reading Ordinance 04 -14, the privately- initiated rezoning from RO (Residential Office) District to RM (Medium Density Residential) District for a 0.62 acre parcel of land located on the south side of SW 1St Street, between SW 1St Avenue and SW 2nd Avenue within the Coda Development, 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 the Southwest Area Neighborhood Redevelopment 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. ORDINANCE NO. 04 -14 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RO (RESIDENTIAL OFFICE) DISTRICT TO RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT; SAID LAND BEING A PARCEL LOCATED ON THE SOUTH SIDE OF SW 1sT STREET, BETWEEN SW 1sT AVENUE AND SW 2ND AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, JANUARY 2012" PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated January 2012, as being zoned RO (Residential Office) District; and WHEREAS, at its meeting of January 27, 2014, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 7 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 further the objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, be amended to reflect the revised zoning classification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the 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: The North 98 feet of Coda, according to the Plat thereof as recorded in Plat Book 108, Pages 11 through 12 of the Public Records of Palm 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, 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 upon the effective date of Ordinance No. 03 -14, under which official Future Land Use Map designation of MD (Medium Density Residential 5 -12 du /ac) is affixed. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2014. ATTEST City Clerk First Readi Second Reading MAYOR 2 ORD NO. 04 -14 PLANNING AND ZONING BOARD I CITY OF DELRAY BEACH --- STAFF REPOZT-- MEETING DATE: January 27, 2014 ITEM: Privately- initiated small -scale Future Land Use Map amendment from TRN (Transitional) 'to MD (Medium Density Residential 5 -12 du/ac); and an associated amendment to the Future Land Use Map to identify that the property is included within the Southwest Neighborhood Overlay District; and Rezoning from RO (Residential Office) District to RM (Medium Density Residential) District for a parcel of land located on the south side of SW 1st Street, between SW 1st Avenue and SW 2nd Avenue within the Coda Development. (Quasi - Judicial Hearing). GENERAL. DATA: Owner /Applicant ...................... Agent....... ............................... Location . ............................... _ Property Size .......................... Existing FLUM Proposed FLUM Existing Zoning Proposed Zoning Adjacent Zoning New Urban Lighthouse, LLC Tim Hernandez Located on the south side of SW 1St Street, between SW 1 St Avenue and SW 2nd Avenue 0.86 Acres (Area of FLUM) 0.62 Acres (Area of Rezoning) TRN (Transitional) MD (Medium Density Residential 5- 12 dulac) RO (Residential Office) RM (Medium Density Residential) .......North: CF (Community Facilities) East: OSSHAD (Old School Square Historic Arts District) South: RM (Medium Density Residential) West: CF (Community Facilities) Existing Land Use ...................... Vacant Proposed Land Use .................... Construct 16 townhomes Water Service ............................. Available via connections on SW 1 St Street Sewer Service ............................. Sewer service is available via connections to existing sewer lines within the developed portion of the site to the south OARD IT.E B��ORE THE B IyAr The item before the Board is that of making a recommendation to the City Commission on a privately- initiated small -scale Comprehensive Plan /Future Land Use Map amendment and rezoning for Coda, located on the south side of SW 1St Street, between SW 1St Avenue and SW 2nd Avenue. The small -scale Comprehensive Plan amendments consist of a Future Land Use Map change from TRN (Transitional) to MD (Medium Density Residential 5 -12 du /ac) and modifying the Future Land Use Map to reflect an expansion of the Southwest Neighborhood Overlay District to include the subject property. The associated rezoning consists of a zoning change from RO (Residential Office) to RM (Medium Density Residential). Pursuant to Section 2.2.2(1;)(6) of the Land Development Regulations, the Planning and Zoning Board shall review and make a recommendation to the City Commission with respect to amendments to the Future Land Use Map or the Rezoning of any property within the City. The overall development contains 2.45 acres and is divided into two future land use map categories and two zoning districts, namely Transitional and Medium Density Residential; and, Residential Office and Medium Density Residential zoning districts. The subject area of this action has a Future Land Use Map designation of TRN (Transitional) and is zoned RO (Residential Office) and is vacant. The remaining site is designated MD (Medium Density Residential 5 -12 dulac) on the Future Land Use Map and is zoned RM (Medium Density Residential) and contains thirty -six (36) townhomes. The following is provided with respect to the land use history of this development: At its meeting of September 21, 2004, the City Commission approved a Small -Scale Future Land Use Map amendment from MD (Medium Density Residential 5 -12 du /ac) to TRN (Transitional) and Rezoning from RM (Medium Density Residential) to RO (Residential /Office) for the north 0.86 acre of the Coda development site. This action was in conjunction with a development proposal to accommodate a mixed -use building at the north end of the site. On January 3, 2006, the City Commission adopted Ordinance 80 -05, rezoning a portion of the 0.86 RO (Residential Office) parcel to RM (Medium Density Residential). This rezoning was requested as the developer discovered that the land area zoned RM did not meet the proposed density requirements. Concurrently, the City Commission approved a conditional use request to allow an increase above 12 dwelling units per acre (19.6 du /ac proposed) pursuant to the City's FamilylWorkforce Housing Ordinance on the RM portion of the site. On February 22, 2006, the Site Plan Review and Appearance Board approved a Class V site plan to construct a 3 -story mixed -use building that accommodated 19,448 square feet of gross office floor area on the first and second floors and four 2- bedroom loft units together with 36 stand -alone townhouse units. Subsequent to these approvals, several minor site plan modifications have been processed during the construction of the residential units. The current proposal for development of the property is to construct 16 townhomes. The small - scale Future Land Use Map amendments and rezoning, currently before the Board, are necessary to accommodate the proposed use. Additionally, in order to obtain a density in excess of 12 units per acre (21.22 units per acre proposed) under the proposed RM zoning, the applicant is seeking a concurrent amendment to the Land Development Regulations to expand Planning and Zoning Board Staff Report — January 27, 2014 Coda — Future Land Use Map Amendment and Rezoning Page 2 of 12 the Southwest Neighborhood Overlay District map exhibit to include the subject property, as well as a concurrent conditional use request, which are being processed separately. FUT,UrRE, LAND USE MAP. 'AMEN,DME.NT, ANALYSIS Current Land Use Desi nation: The current Future Land Use Map designation for the subject property is TRN (Transitional). Requested Land Use Desi nation; The requested Future Land Use Designation is MD (Medium Density Residential 5 -12 dulac) REQUIRED FINDINGS LAND DEVELOPMENT REGULATIONS CHAPTER 3— PERFORMANCE STANDARDS: Pursuant to LDR 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. © 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. Based on past Future Land Use Map amendments and rezoning actions the area subject to the FLUM amendment action is 0.86 acres (however, with the adoption of Ordinance 80 -05, which rezoned 0.21 acres of the 0,86 acre site, the area now being rezoned is 0.62 acres). The proposed Future Land Use Map amendment is being processed as a small scale Comprehensive Plan amendment. Florida Statutes F.S. 163.3187 provides a small scale development amendment may be adopted under the following conditions: (a) The proposed amendment involves a use of 10 acres or fewer; (b) The cumulative annual effect of the acreage for all small scale development amendments adopted by the local government does not exceed a maximum of 120 acres in a calendar year; (c) The proposed amendment does not involve a text change to the goals, policies, and objectives of the local government's comprehensive plan, but only proposes a land use change to the future land use map for a site - specific small scale development activity. However, text changes that relate directly to, and are adopted simultaneously with, the small scale future land use map amendment shall be permissible under this section; (d) The property that is the subject of the proposed amendment is not located within an area of critical state concern, unless the project subject to the proposed amendment involves the construction of affordable housing units meeting the criteria of s. Planning and Zoning Board Staff Report --- January 27, 2014 Coda — Future Land Use Map Amendment and Rezoning Page 3o €12 420.0004(3), and is located within an area of critical state concern designated by s. 380.0552 or by the Administration Commission pursuant to s. 380.05(1). This is the third amendment for 2013, which results in a cumulative total of 2.09 acres for these three small -scale amendments (0.49 acres + 0.74 acres + 0.86 acres = 2.09 acres), thus the maximum of 120 acres has not been exceeded. The proposed FLUM amendment does not involve a text change to the goals, policies, and objectives of the Comprehensive Plan_ The request is to process a change to the Future Land Use Map for a site - specific vacant parcel of land which is part of a larger subdivision. The applicant has indicated that sixteen townhomes will be built on the property. The subject property is not located within an area of critical state concern, but will include the construction of affordable housing units. Thus, the proposed FLUM amendment can be processed as a small scale amendment because it complies with all of the above conditions. The proposed land use change is to accommodate Medium Density Residential uses which provide for a density in excess of 12 units per acre subject to the provision of family workforce housing for the future development of the parcel. The existing RO (Residential Office) zoning and TRN (Transitional) FLUM designation does not allow a density in excess of 12 units per acre within this geographic area of the City. Pursuant to LDR Section 4.4.6 the RM (Medium Density Residential) zoning district provides a residential zoning district with flexible densities having a base of 6 units per acre and a maximum of 12 units per acre except within the Southwest Neighborhood Overlay District and the Carver Estates Overlay District where the maximum density is 24 units per acre, and within the Infill Workforce Housing Area, where the maximum density is 18 units per acre. Pursuant to LDR Section 4.4.6 (B)(3) multiple family structures are principal (permitted) uses. Policy A -7.1, Future Land Use Element states "The maximum density may be increased within the Medium Density, General Commercial and Transitional Future Land Use designations through the Workforce Housing "Density Bonus Program ". The applicant is requesting an amendment to modify the boundaries of the Southwest Neighborhood Overlay District as depicted in the geographic map pursuant to [LDR Section 4.7.1(p)] to include the subject property. This would allow for an increase in density from 12 units per acre to a maximum of 24 units per acre subject to the approval of a conditional use request and the provision of workforce housing units. The LDR text amendment and conditional use applications are being processed separately. Policy A -7.2 Workforce Housing Overlay Districts shall be identified on the Future Land Use Map. The maximum density within these districts shall be as follows: • The MROC (Mixed Residential Office Commercial) zoning district shall have a maximum density of 40 units per acre except within the Tri -rail Station Overlay where the maximum density is 50 units per acre. • The Southwest Neighborhood and Carver Estates Overlay Districts shall have a maximum density of 24 units per acre. • The 1- 951CSX RR Corridor Overlay District shall have a maximum of 24 units per acre. • The SW 10th Street Overlay District shall have a maximum density of 12 units per acre. • The l=our Corners Overlay District shall have a maximum density of 30 units per acre. Planning and Zoning Board Staff Report — January 27, 2014 Coda — Future Land Use Map Amendment and Rezoning Page 4 of 12 ® All other Overlay Districts shall have a maximum density of 18 units per acre. The Future Land Use Map amendment action also includes modifying the map to reflect that the subject parcel is included within the Southwest Neighborhood Overlay District as shown on the attached map exhibits. The applicant is proposing a density of 21.22 units per acre which is consistent with the maximum density of 24 units per acre. As an increase in density is allowed within the MD Future Land Use designation through the Workforce Housing "Density Bonus Program ", within the Southwest Neighborhood Overlay District based upon the above, a positive finding can be made with respect to consistency with the Future Land Use Map designation. ❑ Concurrency: Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. 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 (including public schools), of the requested land use and/or development application, will not exceed the ability of the City and The School District of Palm Beach County to fund and provide, or to require the provision of needed capital improvements to maintain the Levels of Service Standards established in Table CI -GOP -1 of the adopted Comprehensive Plan of the City of Delray Beach. Water_ Water service is available via connections to an existing 8" water main located within the SW 1st Street right -of -way. Water treatment is provided by the City of Delray Beach at the Water Treatment Plant. Water demand projections for the City's Water Service Area were calculated based on the City's population projections multiplied by the projected per capita demands. Potable water demand projections, credits for the use of reclaimed water and the total excess /deficit for the years 2010 through 2030 are given in the following table. The City's Utilities Department has indicated that adequate capacity exists to service the subject property at its maximum development potential proposed with this FLUM Amendment Potable Water Demand Projections Year 2010 2015 2020 2025 2030 Service Area Population 69,335 74,504 81,114 82,233 82,556 Per Capita Use ( pd) ) 240 240 240 240 240 Avg. Daily Demand (MG) 16.64 17.88 19.47 19.74 19.81 Permit Base Condition (MGD ) 19.00 19.00 19.00 19.00 19.00 Excess /(Deficit) (MGD) 2.36 1.12 (0,47) {0.74) (0.81) Alternative sources Reclaimed Water Credits for Ground Water Demand Removal 1.08 1.895 1.895 1.895 1.895 Potable demand removal 039 0.84 0.84 0.84 0.84 Total Excess /Deficit 3.83 3.85 2.27 2.00 1 92 Planning and Zoning Board Staff Report -- January 27, 2014 Coda — Future Land Use Map Amendment and Rezoning Page 5 of 12 Notes: 1. Population projections based on Palm Beach County 2007 Population Allocation Model using March 2008 BEBR Population Projections. 2. Per capita use assumes a 10% reduction from current permitted values achieved through conservation. 3. Permit base condition as provided by SFWMD per ground water availability rule. Sewer. Sewer service is available via connections to existing sanitary sewer lines within the developed portion of the site to the south. Adequate capacity is available in the City's water and wastewater systems to meet the demand, the proposed FLUM amendment will not impact the level of service standard. Traffic: An analysis of the traffic impacts associated with the maximum development potential for both the existing and proposed Future Land Use Map designations and zoning were conducted. The study notes that the approved development of 17,780 sq. ft. of net office use area with 4 residential units under the current RO zoning would generate 385 average daily trips. Additionally, under the current RO zoning, the maximum potential development for the site is 26,670 square feet of medical office which would generate 964 average daily trips. While the current proposal of 16 townhouse units generates 112 average daily trips, the maximum development potential under the MD designation is 20 multi - family units (24 units per acre (maximum) x 0.86 acres) which generate 140 average daily trips. Based on the above traffic generation rates, the traffic study concludes that the traffic to be generated with the_ redevelopment of the site under the MD land use designation and RM zoning under its maximum potential will be significantly less than the trips either by the approved mixed -use building or the maximum potential traffic that could be generated under the existing RO zoning district and correspondingly under the TRN land use designation. Drainage_ Within this area of the City, drainage is usually accommodated on -site via exfiltration trench systems or swale retention areas. While no problems are anticipated with obtaining South Florida Water Management District permits, technical comments and issues pertaining to the drainage will be addressed during the conditional use and site plan process. Parks and Open Space. The Open Space and Recreation Element of the City's Comprehensive Plan indicate in its conclusion that "The City will have sufficient recreation facilities at build -out to meet the adopted standards." The LOS standard for open space and recreation in the city is 3 acres per 1,000 residents. The amount of land currently provided in activity based recreation facilities, the municipal beaches, and the two public, golf courses, establishes a level of service of 6.2 acres per 1,000 residents (2007), far exceeding the general guideline. Additionally, a park impact fee is collected to offset any impacts that a residential project may have on the City's recreational facilities. Pursuant to LDR Section 5.3.2, a park impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building permit for Planning and Zoning Board Staff Report — January 27, 2014 Coda — Future Land Use Map Amendment and Rezoning Page 6 of 12 each residential unit at the time a project is presented for approval at the Building Department. This item will be addressed during the Site Plan Review process. Education School Concurrenc : 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 and a written finding of approval from the School District has been provided. Based upon the above, positive findings can be made with respect to this level of service standard. Solid Waste: As shown on the following table, with the proposed amendment, the maximum development potential of the property would result in a net decrease of 42.1 tons per year in solid waste generation. Existing ❑euelopment'Under, y ns tonal Maxamurn Development Potentiak Uesi nation UnderMedrum,I7enSit 19,448 sq. ft. @ 5.4 lbslsq, ft. =52.5 tons per year plus 0.8 per unit X 4 units =3.2 tons 20 MF Units @.52 tons /year = 10.4 tons per year = Total 55.7 tons per year In its annual capacity letter, dated January 7, 2013, the Solid Waste Authority indicates that it has sufficient capacity for concurrency management and comprehensive planning purposes. As stated in the letter, "Capacity is available for both the coming year, and the five and ten year planning periods specified in 9J -5- 005 (4)," Based on population projections, waste generation rate projections, waste reduction, and recycling, the Solid Waste Authority forecasts that capacity will be available at the existing landfill through approximately 2046. Based on the above analysis, positive findings can be made at this time with regard to concurrency for all services and facilities. LJ 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 Policy A -7.7: 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. The Applicant has provided the following statement: "This request is to re- designate the north portion of the subject property from TRN to MD to allow the construction of 16 additional townhomes as Coda on the north potion of the site which was originally planned for a mixed -use (office /residential) building. The entire site was originally zoned RM, but was rezoned to RO to permit the construction of a three story mixed use building with office on the first and second floors and 4 residential units on the third floor. The townhome portion of Coda, with 36 units is now complete. The application will result in a 52 -unit townhome development when completed. The townhome development will match the Bermuda style architecture of the first 36 townhomes, with white tile roofs, balconies and porches. The development of the property will further stabilize the surrounding neighborhood and will be consistency with the Housing Element, Goal Area A." The requested MD FLUM designation will allow residential uses similar in density and character with the remaining portion of the Coda development. The proposed land use map change is more consistent with the existing character and residential nature of the development. These circumstances demonstrate a need for the requested zoning and FLUM change. Future Land Use Element Ob "ective A -': Property shall be developed or redeveloped, in a manner so that the future use, intensity and density are appropriate in terms of soil, topographic, and other applicable physical considerations; encourage affordable goods and services; are complementary to and compatible with adjacent land uses; and fulfill remaining land use needs. There are no significant environmental characteristics to the subject property. The future development of the property based upon the proposed MD land use map designation and RM zoning will be complimentary to the adjacent land uses which consist of multiple - family residential uses to the south, a mixed -use (restaurant /hotel) development to the east, the South County Courthouse parking garage and parking lot to the north and the South County Courthouse to the west. While it will eliminate the provision of much needed Class A office space, it will provide for the consistent build -out of the Coda development, the provision of additional workforce housing units within the Southwest Neighborhood Overlay District as discussed in greater detail with Future Land Use Element Policies C -1.7. Based upon the above, a positive finding can be made with respect to Future Land Use Element Objective A -1. Policy C -1.7 The following pertains to redevelopment of the Southwest Neighborhood Area: Planning and Zoning Board Staff Report — January 27, 2014 Coda — Future Land Use Map Amendment and Rezoning Page 8 of 12 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 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. The proposed FLUM amendment and rezoning is associated with an overall development proposal which will provide sixteen new townhouse units, including two new workforce housing units. While the proposal eliminates the potential for Class A office space, the site has remained vacant and this zoning change will allow the build -out of a residential development that has provided a substantial redevelopment in the Southwest Neighborhood area. Policy A -11.3 In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. As indicated above, prior to the adoption of Ordinance No. 47 -04 on September 21, 2004, the property had a MD Future Land Use Map designation. The adoption of the Transitional designation was accomplished to accommodate a specific development proposal that included office uses. Reverting back to the MD designation will not result degradation of the neighborhood as impacts such as traffic and solid waste will be reduced and no odors or dust will be generated by the proposed use. ❑ Compliance with LDRs: Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. Whenever an item is identified elsewhere in these Land Development Regulations (LDRs), it shall specifically be addressed by the body taking final action on a land development Planning and Zoning Board Staff Report — January 27, 2014 Coda — Future Land Use Map Amendment and Rezoning Page 9 of 12 applicationfrequest. Such items are found in Section 2.4.5 and in special regulation portions of individual zoning district regulations. The applicant has submitted a development proposal for the construction of 16 townhomes which will be reviewed for compliance with the provisions and requirements of the Land Development Regulations as part of the conditional use and site plan process. ❑ Compatibility: The requested designation will be compatible with the existing and future land uses of the surrounding area. As demonstrated in the "Rezoning Analysis" section under findings for Section 3.2.2 (Standards for rezoning Actions) the requested RM (Medium Density Residential) zoning and MD (Medium Density Residential) FLUM designation will be compatible with existing and future land uses of the surrounding area and a positive finding with respect to compatibility can be made. LAND DEVELOPMENT REGULATIONS CHAPTER 3— PERFORMANCE STANDARDS: Pursuant to LDR 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. REZONING, A „NALYSIS Section 3.2.2 (Standards for o Rezoning Actions): Standards "A” "B ", "C ", and "E" are not applicable with respect to this rezoning request. The applicable performance standard of LDR Section 3.2.2 is as follows: Standard "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 from the new use. Existing land uses Zoning Designation Land Uses North Community Facilities (CF) Palm Beach County Courthouse Parking Gara e South Medium Density Residential (RM) Multiple Family Residential - Coda Development West Community Facilities CF South County Courthouse East Old School Square Historic Arts District OSSHAD Restaurant/Hotel (Sundy House) Planning and Zoning Board Staff Report — January 27, 2014 Coda — Future Land Use Map Amendment and Rezoning Page 10 of 12 The proposal will rezone the 0.62 acres from RO to RM. The rezoning action is an expansion of the existing RM northward within the boundaries of the Coda Development. No compatibility issues have been identified with the CF zoning /uses to the north and west and the OSSHAD zoning /uses to the east. As demonstrated above, this request does not result in an incompatible land use, thus, the proposed rezoning can be found to be in compliance with Section 3.2.2(D). Section 2.4.5 (D) (5) (Rezoning Findings): Pursuant to Section 2.4.5 (D) (5), Pursuant to LDR Section 2.4.5(D) (5), in addition to provisions of Chapter Three, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: (a) That the zoning had previously been changed, or was originally established, in error; (b) That there has been a change in circumstances which make the current zoning inappropriate; or (c) That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The applicant has submitted the following justification statement based on items (a) and (c) above: (a) Change in circumstances: "There has been a change in zoning which makes the current zoning inappropriate. The property was originally zoned RM. A rezoning application was processed to allow for the construction of a mixed -use office /residential building on the site. Despite marketing the property for 8 years, the applicant has been unable to secure a user or obtain financing to build a speculative office building." (b) Zoning is of similar intensity as allowed and the FLUM designation is „ -a more appropriate category: "The requested zoning is of similar intensity as allowed under the Future Land Use Plan and it is more appropriate for the property based upon circumstances particular to the site and neighborhood. The applicant has completed the construction of the townhomes component of the community. The residents of the existing townhomes at Coda strongly support the rezoning of the parcel to allow the construction, as they believe an all residential community will be more secure, more attractive and will best enhance their property values.” The RM zoning is consistent with the zoning of the residential properties within the Southwest Neighborhood Overlay District and will be similar in intensity as the remaining portion of the development. As indicated in the Concurrency section of this report, the traffic generated by the proposed development will be far less than that which would be generated by the approved mixed -use building. No safety issues have been identified with the existing development, the build -out of the remainder of the site will infill the vacant tract across from the parking garage and will provide a continuity of uselactivities extending from Atlantic Avenue. This will improve the safety of the area and should serve to further stabilize the area. Based on the above, a positive finding can be made with respect to LDR Section 2.4.5(D)(5). Planning and Zoning Board Staff Report — January 27, 2014 Coda — Future Land Use Map Amendment and Rezoning Page 11 of 12 IPA P(' Aintice- On December 19, 2013, notice of the Comprehensive Plan Amendment was provided to the lnterlocal Plan Amendment Review Committee (IPARC) which distributes the information to adjacent municipalities. No objections have been received to date. CommunitZ Redevelo meet Agency CRA): The Delray Beach Community Redevelopment Agency (CRA) reviewed the proposed rezoning at its meeting of November 7, 2013 and recommended approval. Courtesy Notices: A special courtesy notice was provided to the following homeowners associations: • Delray Citizens Coalition Ebony Homeowners Association Public Notices: 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. The proposed FLUM amendment and rezoning will result in the overall Coda development having the same Future Land Use Map and zoning designations and will be similar in intensity as the remaining portion of the development. 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(D)(5) (Rezoning Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan. Therefore, the FLUM amendment from TRN to MD and the rezoning of the subject property from RO to RM can be recommended for approval. A. Move a recommendation of approval to the City Commission for the request for a small - scale Comprehensive Plan amendment associated with a Future Land Use Map amendment from TRN (Transitional) to MD (Medium Density Residential 5 -12 du /ac); an associated amendment to the Future Land Use Map modifying the Southwest Neighborhood Overlay District to include the subject property; and rezoning from RO (Residential Office) to RM (Medium Density Residential) 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 the Southwest Area Neighborhood Redevelopment Plan, and does meet the criteria set forth in Sections 2.4.5(D)(5), 3.1.1 and 322 of the Land Development Regulations. B. Move a recommendation of denial to the City Commission for the request for a small -scale Comprehensive Plan amendment associated with a Future Land Use Map amendment from TRN (Transitional) to MD (Medium Density Residential 5 -12 du /ac); an associated amendment to the Future Land Use Map modifying the Southwest Neighborhood Overlay District to include the subject property; and rezoning from RO (Residential Office) to RM Planning and Zoning Board Staff Report — January 27, 2014 Coda — Future Land Use Map Amendment and Rezoning Page 12 of 12 (Medium Density Residential) for the subject property, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and Southwest Area Neighborhood Redevelopment Plano 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. C. Move to postpone a recommendation of approval or denial and continue the requests for the subject property with direction. STAFIF RE'COMMEN,DATION -; Staff recommends that the Planning and Zoning Board moves a recommendation of approval to the City Commission for the request for a small -scale Comprehensive Plan amendment associated with a Future Land Use Map amendment from TRN (Transitional) to MD (Medium Density Residential 5 -12 du/ac); an associated amendment to the Future Land Use Map modifying the Southwest Neighborhood Overlay District to include the subject property; and rezoning from RO (Residential Office) to RM (Medium Density Residential) 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 the Southwest Area Neighborhood Redevelopment 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. Report prepared by Jasmin Allen, Planner Attachments: • Existing and Proposed Future Land Use maps • Existing and Proposed Maps of the Southwest Neighborhood Overlay District • Existing and Proposed Zoning District maps �0 v W ffmq Al � D CODA s A � SUBJECT AREA � CODA PLANNING AND ZONING BOUNDARY AREA DEPARTMENT r �"--i EXISTING FUTURE LAND USE MAP a� � . .. . ....... . � SUBJECT CODA e A� AREA � � CODA ® PLANNING AND ZONING BOUNDARY AREA DEPARTMENT PROPOSED FUTURE LAND USE MAP `o _ �M •S c WIN Lk 3 0 CL Z JAV Q "s. F Q i $ Q K U .r, O -311tl MS m in Ni�r$i^'�'!� e }„ in o LLLL Y O z WN ° i MN fi u r: M'S rV z 30 •w.r p- �' I Spay - ".J'�'' �.S ' _�" ^ �'kY ";,'�... ❑ Z - LL x§'�sk `� ❑8 rA M"5 F M 'HID HIS •M-N a `L' axs . -M'S O pm may, k4, n; L3 W 1 -,. , Vl '3nv � �H .�'��,�� 2.. WS � c �� M'Nrvs ALILI CE 1 O IN ow -M -N S ry %ic a` 'M'S Ille. m S, E, 2ND ��I SUBJECT AREA CODA PLANNING AND ZONING BOUNDARY AREA DEPARTMENT EXISTING ZONING MAP T L A N T I C > �s SUBJECT AREA N CODA PLANNING AND ZONING BOUNDARY AREA DEPARTMENT r -1 PROPOSED ZONING MAP MiRNV4=1 M1,1016=14111 T L A N T I C A V E N U E w z Lv Q Lv Lv > > Q Q 1ST ST. S. E. 15T ST. w o > L�j z Q > CV Q z CV LJ cn z Of `� O S. W. 2ND ST. Z S. E. 2ND ST. � I v� LEI vi cn, vi -- DIGITAL BASE MAP SYSTEM -- MAP REF: S: \Planning & Zoning \DBMS \File— Cab \Z —LM 1000 - 1500 \LM1445_Coda Rezoning Location Map SUBJECT AREA D CODA REZONING PLANNING AND ZONING BOUNDARY AREA DEPARTMENT r - - LOCATION MAP -- DIGITAL BASE MAP SYSTEM -- MAP REF: S: \Planning & Zoning \DBMS \File— Cab \Z —LM 1000 - 1500 \LM1445_Coda Rezoning Location Map MEMORANDUM TO: Mayor and City Commissioners FROM: Jasmin Allen, Planner Mark McDonnell, AICP, Interim Director of Planning and Zoning THROUGH: Louie Chapman, Jr., City Manager DATE: February 11, 2014 SUBJECT: AGENDA ITEM 11.C. - REGULAR COMMISSION MEETING OF FEBRUARY 24, 2014 ORDINANCE NO. 06-14 ITEM BEFORE COMMISSION The item before Commission is consideration of a privately- initiated amendment to Land Development Regulations Article 4.7 "Family/ Workforce Housing ", Section 4.7.1, "Definitions ", Subsection 4.7.1 (p.) "Southwest Neighborhood Overlay District" to expand the area as shown on the map by repealing the existing map and replacing it with a new one; and, Section 4.5.9, "The Southwest Neighborhood Overlay District ", Subsection 4.5.9(A), "Defined" to correct a scrivener's error. BACKGROUND The Family/Workforce Housing Ordinance adopted by the City Commission on December 6, 2004, included incentives to provide workforce housing by allowing density bonuses within the Southwest Neighborhood Overlay District. On November 20, 2007, the City Commission adopted Comprehensive Plan Amendment 2007 -2, which included a City- initiated text amendment to expand the Southwest Neighborhood Overlay District by amending the description of the Medium Density FLUM designation to include the area along SW 12th Avenue, between SW 2nd Street and SW 3rd Street. On August 19, 2008, the City Commission adopted Ordinance No. 33 -08 which amended the description of the overlay district of the Southwest Neighborhood Overlay District within LDR Section 4.5.9, as well as the description and map within LDR Section 4.7.1(p) which depicts the Southwest Neighborhood Overlay District. Pursuant to LDR Section 4.4.6 "Medium Density Residential" District, properties that are located within the Southwest Neighborhood Overlay District are allowed an increase in density above 12 units per acre to a maximum density of 24 units per acre. The existing Southwest Neighborhood Overlay District encompasses the south 1.83 acre portion of the Coda Development which is located on the south side of SW Ist Street between SW Ist Avenue and SW 2nd Avenue. The north 0.62 acre portion of the site which is currently zoned Residential Office (RO) is not included within the boundaries of this overlay district. In order to implement the same density that is allowed on the south parcel, the applicant has requested an LDR Amendment to modify the map within LDR Section 4.7.1(p) by expanding the Southwest Neighborhood Overlay District to include the entire Coda development. In addition, the request includes a revision to LDR Section 4.5.9 "Southwest Neighborhood Overlay District" to correct a scrivener's error to the boundary description. The boundary description incorrectly references NW 1St Avenue whereas SW 1St Avenue should have been referenced as the eastern boundary of the overlay area. REVIEW BY OTHERS At its meeting of January 27, 2014, the Planning and Zoning Board held a public hearing and recommended approval on a 7 to 0 vote of the proposed LDR Text amendment, by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M)(5) of the Land Development Regulations. RECOMMENDATION Approve on first reading Ordinance No. 6 -14, a privately- initiated amendment to Land Development Regulations by amending Article 4.7 "Family/Workforce Housing ", Section 4.7.1, "Definitions ", Subsection 4.7.1(p.) "Southwest Neighborhood Overlay District" to expand the area as shown on the map by repealing the existing map and replacing it with a new one; and, Section 4.5.9, "The Southwest Neighborhood Overlay District ", Subsection 4.5.9(A), "Defined" to correct a scriveners error, 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). Attachments: Ordinance No. 06 -14 Planning & Zoning Board Staff Report of January 27, 2014 ORDINANCE NO. 06 -14 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 ARTICLE 4.7 "FAMILY/WORKFORCE HOUSING ", SECTION 4.7.1 "DEFINITIONS ", SUBSECTION (P) "SOUTHWEST NEIGHBORHOOD OVERLAY DISTRICT" TO EXPAND THE AREA AS SHOWN ON THE MAP BY REPEALING THE EXISTING MAP AND REPLACING IT WITH A NEW ONE; AND BY AMENDING SECTION 4.5.9 "THE SOUTHWEST NEIGHBORHOOD OVERLAY DISTRICT" TO CORRECT A SCRIVENER'S ERROR, PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on January 27, 2014 and voted 7 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Article 4.7 "Family/Workforce Housing ", Subsection 4.7.1 "Definitions ", Subsection (p) "Southwest Neighborhood Overlay District" of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, shall be the same and is hereby amended to repeal the existing map in its entirety and enacting a new map as follows: p. Southwest Neighborhood Overlay District — The area zoned RM between Interstate 95 and S.W. 1st Avenue, from Atlantic Avenue to S.W. 2nd Street, except along SW 12th Avenue, where it extends south to SW 3rd Street, as shown in the map below. Section 3. That Section 4.5.9 "The Southwest Neighborhood Overlay District" 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: (A) Defined: The Southwest Neighborhood Overlay District is the area zoned RM located between Interstate 95 and . S.W. 1st Avenue from Atlantic Avenue to S.W. 2nd Street, except along S.W. 12th Avenue, where it extends south to S.W. 3rd Street. The applicable regulations set forth in Section 4.7, "Family/Workforce Housing" (in addition to applicable Land Development Regulations) shall apply to this district. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 6. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2014. ATTEST Mayor 2 ORD. NO. 06 -14 City Clerk First Reading Second Reading ORD. NO. 06 -14 PLANNING AND`ZONING BOARD MEMORANDUM STAFF'REPORT MEETING DATE: JANUARY 27, 2414 AGENDA NO: V.0 AGENDA ITEM: CONSIDERATION OF A PRIVATELY - INITIATED AMENDMENT TO THE The item before the Board is that of making a recommendation to the City Commission regarding a privately- initiated amendment to Land Development Regulations by amending Article 4.7 "Family/ Workforce Housing ", Section 4.7.1, "Definitions ", Subsection 4.7.1(p.) "Southwest Neighborhood Overlay District" to expand the area as shown on the map by repealing the existing map and replacing it with a new one; and, Section 4.5.9, "The Southwest Neighborhood Overlay District ", Subsection 4.5.9(A), "Defined" to correct a scriveners error. Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. BACKGROUND 1 PROPOSED AMENDMENT The Family/Workforce Housing Ordinance, adopted by the City Commission on December 6, 2004, included incentives to provide workforce housing by allowing density bonuses within the Southwest Neighborhood Overlay District. On November 20, 2007, the City Commission adopted Comprehensive Plan Amendment 2007 -2, which included a City - initiated text amendment to expand the Southwest Neighborhood Overlay District by amending the description of the Medium Density FLUM designation to include the area along SW 12th Avenue, between SW 2nd Street and SW 3rd Street. On August 19, 2008, the City Commission adopted Ordinance 33 -08 which amended the description of the overlay district of. the Southwest Neighborhood Overlay District within LDR Section 4.5.9, as well as the description and map within LDR Section 4.7.1(p) which depicts the Southwest Neighborhood Overlay District. This currently proposed amendment is associated with a portion of a larger development known as Coda, which is located on the south side of SW 15t Street, between SW 1" Avenue and SW 2 d Avenue. Coda is located on property within two (2) zoning districts: RM (Medium Density Residential) and RO (Residential Office). The southern portion, which measures 1.83 acres, is zoned RM (Medium Density Residential) and consists of 36 residential units. The northern portion, which measures 0.62 acres, is currently Planning and Zoning Board Memorandum Staff report, January 27, 2014 Amendment to the LDRs to Expand the Southwest Neighborhood Overlay District zoned RO (Residential Office) and was approved for a mixed -use building that accommodated 17,780 sq. ft. of office (net) space and four (4) residential units. This building was never constructed. The southern portion of the development is also located within the Southwest Neighborhood Overlay District which allows for densities up to a maximum of 24 units per acre. However, the northern portion of the development, which is zoned RO, is not included within the Southwest Neighborhood Overlay District. As a result, the maximum allowable density is 12 units per acre. It is noted that the applicant has also submitted a Future Land Use Map amendment from TRN (Transitional) to MD (Medium Density Residential 5- 12dulac and rezoning from RO to RM in order to increase the maximum allowable density from 12 to 24 units per acre subject to the provision of workforce housing. In order to implement the same densities that are allowed on the south parcel, the applicant has requested an LDR Amendment to modify the map within LDR Section 4.7.1(p) by expanding the Southwest Neighborhood Overlay District to include the entire Coda development (see Exhibit "A" — Pages 5 and 6). The Applicant has provided the following justification for the proposed change: 1. Approximately 78% of our 2.492 acre site is already located in the Overlay District. 2. The language in the code defines the Overlay District as "The area zoned RM between Interstate 95 and S. W. 1st Avenue, from. Atlantic Avenue to S. W. 2nd Street, except along SW 12th Avenue, where it extends south to SW 3rd Street. If the rezoning request is adopted, we will be consistent with this language. 3. The proposed amendment is consistent with the Comprehensive Plan and is projected to result in the creation of two additional workforce housing units in a location convenient to the downtown. In addition, the request includes a revision to LDR Section 4.5.9 "Southwest Neighborhood Overlay District" to correct a scrivener's error to the boundary description. The boundary description incorrectly references NW 15i Avenue whereas SW 1s# Avenue should have been referenced as the eastern boundary of the overlay area as shown below: Section 4.5.9 The Southwest Neighborhood Overlav District (A) Defined. The Southwest Neighborhood Overlay District is the area zoned RM located between Interstate 95 and n —i SW 1st Avenue from Atlantic Avenue to S. W 2nd Street, except along SW 12th Avenue, where it extends south to SW 3rd Street. The applicable regulations set forth in Section 4.7, "Family/Workforce Housing" (in addition to applicable Land Development Regulations) shall apply to this district_ ANALYSIS ` ' Pursuant to LDR Section 2.4.5(M)(5), Findings, in addition to LDR 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. Comprehensive Plan Policies: The goals, objectives and policies of the Comprehensive Plan were reviewed and the following applicable objectives and policies were noted: Objective A -7: To encourage the provision of workforce housing and transit - oriented workforce residential development in the City, the following policies shall be implemented. 2 Planning and Zoning Board Memorandum Staff report, January 27, 2014 Amendment to the LDRs to Expand the Southwest Neighborhood Overlay District _ icy A -7.1: The maximum density may be increased within the Medium Density, General Policy _ Commercial and Transitional Future Land Use designations through the Workforce Housing "Density Bonus Program" The concept is that for every workforce housing unit that a developer builds, a calculated number of market rate units greater than would be allowed otherwise may be built. Policy A -7.2: Workforce Housing Overlay Districts shall be identified on the Future Land Use Map. The maximum density within these districts shall be as follows: • The MROC (Mixed Residential Office Commercial) zoning district shall have a maximum density of 40 units per acre except within the Tri -rail Station Overlay where the maximum density is 50 units per acre. • The Southwest Neighborhood and Carver Estates Overlay Districts shall have a maximum density of 24 units per acre. • The 1- 951CSX RR Corridor Overlay District shall have a maximum of 24 units per acre. • The SW 10t" Street Overlay District shall have a maximum density of 12 units per acre. • The Four Corners Overlay District shall have a maximum density of 30 units per acre. • All other Overlay Districts shall have a maximum density of 18 units per acre. The proposed amendment will further these policies by supporting expansion of the Workforce Housing Program. The goal of this program is to encourage the provision of housing which is affordable to very low and also to moderate income households. If approved, the amended Southwest Neighborhood Overlay District boundaries shall be reflected on the Future Land Use Map. Based on the above, a positive finding can be made that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive. The purpose of this privately initiated LDR text amendment is to expand the Southwest Neighborhood Overlay District to incorporate the north 97.33 feet of the Coda development, lying south of SW 15t Street, between SW 1St Avenue and SW 2 "d Avenue and to correct a scriveners error. Positive findings can be made with respect to LDR Section 2.4.5(M)(5). `REVIEW BY OTHERS Community Redevelopment Acrency (CRA): The Delray Beach Community Redevelopment Agency (CRA) reviewed the proposed rezoning at its meeting of November 7, 2013 and recommended approval. Courtesy notices were provided to the following homeowner and civic associations: ■ Delray Citizens Coalition Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. RECOMMENDED ACTION Move a recommendation of approval to the City Commission for a privately - initiated amendment to Land Development Regulations by amending Article 4.7 "FamilyANorkforce Housing ", Section 4.7.1, "Definitions ", Subsection 4.7.1(p) "Southwest Neighborhood Overlay District" to expand the area as shown on the map by repealing the existing map and replacing it with a new one; and, Section 4.5.9, "The Southwest Neighborhood Overlay District ", Subsection 4.5.9(A), "Defined" to correct a scriveners error by adopting the findings of fact and law contained in the Staff Report and Planning and Zoning Board Memorandum Staff report, January 27, 2094 Amendment to the LDRs to Expand the Southwest Neighborhood Overlay District finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M)(5). Attachments: • Exhibit "A" • Proposed Ordinance Q Planning and Zoning Board Memorandum Staff report, January 27, 2014 Amendment to the LDRs to Expand the Southwest Neighborhood Overlay District Exhibit "A" Current Language LDR Section 4.7.1(p) p. Southwest Neighborhood Overlay District — The area zoned RM between Interstate 95 and S.W. 1st Avenue, from Atlantic Avenue to S.W. 2nd Street, except along SW 12th Avenue, where it extends south to SW 3rd Street, as shown in the map below. [Amd. Ord. 52 -08 11118108]; [Amd. Ord. 33 -08 8119108] 5 Proposed Change Showing Modified Map LDR Section 4.7.1(p) p. Southwest Neighborhood Overlay District — The area zoned RM between Interstate 95 and S.W. 1st Avenue, from Atlantic Avenue to S.W. 2nd Street, except along SW 12th Avenue, where it extends south to SW 3rd Street, as shown in the map below. [Amd. Ord. 52 -08 11118/08]; [Amd. Ord. 33 -08 81191081 N, ORDINANCE NO. XX -14 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 ARTICLE 4.7 "FAMILYIWORKFORCE HOUSING ", SECTION 4.7.1 "DEFINITIONS ", SUBSECTION (P) "SOUTHWEST NEIGHBORHOOD OVERLAY DISTRICT" TO EXPAND THE AREA AS SHOWN ON THE MAP BY REPEALING THE EXISTING MAP AND REPLACING IT WITH A NEW ONE; AND BY AMENDING SECTION 4.5.9 "THE SOUTHWEST NEIGHBORHOOD OVERLAY DISTRICT" TO CORRECT A SCRIVENER'S AREA, 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 December 16, 2013, and voted to to recommend that the changes be approved; and WHEREAS, the City Commission reviewed the proposed text amendment at a public hearing held January , 2014 and voted to to amend the proposed text amendment to add parking regulations regarding call centers to Subsection 4.4.13 (G)(1) "Core And Beach Area Supplemental Regulations" only. WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Article 4.7 "Family /Workforce Housing ", Subsection 4.7.1 "Definitions ", Subsection (p) "Southwest Neighborhood Overlay District" of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, shall be the same and is hereby amended to repeal the existing map in its entirety and enacting a new map as follows: p. Southwest Neighborhood Overlay District — The area zoned RM between Interstate 95 and S.W. 1st Avenue, from Atlantic Avenue to S.W. 2nd Street, except along SW 12th Avenue, where it extends south to SW 3rd Street, as shown in the map below. Section 3. That Section 4.5.9 "The Southwest Neighborhood Overlay District" 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: (A) Defined: The Southwest Neighborhood Overlay District is the area zoned RM located between Interstate 95 and N-.W. SW 1st Avenue from Atlantic Avenue to S.W. 2nd Street, except along SW 12th Avenue, where it extends south to SW 3rd Street. The applicable regulations set forth in Section 4.7, "Family /Workforce Housing" (in addition to applicable Land Development Regulations) shall apply to this district. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 6. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2014. 2 ORD. NO. Mayor ATTEST City Clerk First Reading Second Reading ORD. NO, Xl 6 TRANSMITTAL F U TO: Valerie Blake Date: 2/26/2014 Agenda Coordinator RE: ROW 100 NW 1st Ave. Delray Beach, FL 33444 FROM: Carolanne Kucrnerowski C_V, City of Delray Beach - ESD 434 South Swinton Ave. Delray Beach, FL 33444 RE: Fully Executed Right -of -Way Dedication /Adam Weil 1010 Hibiscus Lane Attached, please find one (1) fully executed original Right -of -Way Dedication from Adam F. Weil, for the property located at 1010 Hibiscus Lane. Please have this right -of -Way Dedication RECORDED WITH PALM BEACH COUNTY. This item was approved by Commission on February 24, 2014; Agenda Item B.A. Please return a RECORDED COPY. Thank you, Carolanne City of Delray Beach - Environmental Services Department 434 South Swinton Avenue, Delray Beach, FL 33444 Regular Meeting February 24, 2014; Item 8.A. Prepared by and RETURN: City Attorney's Office 200 N.W. 1st Avenue Delray Beach, Florida 33444 PIN # RIGHT -OF -WAY DEED THIS INDENTURE made this day of1rt,. 2014, between ADAM F. WELL, a married man, joined by his spouse DAWN M. WEIL, witfea mailing address of 1010 Hibiscus Lane, Delray Beach, FL 33444, as party of the first part and CI'T'Y OF DELRAY BEACH, FLORIDA, a Florida municipal corporation with a mailing address of 100 N.W. 1st Avenue, Delray Beach, Florida 33444, as party of the second part. WITNESSETH: That said party of the first part, for and in consideration of the mutual promises herein contained and other good and valuable consideration, does hereby grant, remise, release, quit claim and convey unto the party of the second part, its successors and assigns, all right, title, interest, claim and demand which the party of the first part has in and to the following- described land, situate, lying and being in the County of Palm Beach, State of Florida, to-wit- See Exhibit "A" attached hereto. This Deed is made for the purpose of giving and granting to the party of the second part, its successors and assigns, a right -of -way and easement in and to said lands for public highway, street, and public utility purposes and the maintenance thereof; and is made, executed and delivered with the express understanding and condition that should the same ever be discontinued or abandoned as a public highway or street, the tide to same shall thereupon revert to and revert in the parry of the first part or assigns, except that the easement for public utility purposes shall remain until released. That this right -of -way shall be subject only to those easements, restrictions, and reservation of record. The party of the first part agrees to provide for the release of any and all mortgages or liens encumbering this right -of -way. The parry of the first part also agrees to erect no building or effect any other kind of construction or improvements upon the above - described property. Party of the first part does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever claimed by, through or under it, that it has good right and lawful authority to grant the above - described right-of-way and Regular Meeting Febru ry�2{7��14; ➢14� "-'^fie that the same is unencumbered. Where the context of this Right -of -Way Deed allows or permits, the same shall include the successors or assigns of the parties. TO HAVE AND TO HOLD THE SAME, together with all and singular the appurtenances thereto belonging or in anywise incident or appertaining, and all the estate, right, title, interest, and claim whatsoever of the said parry of the first part, in law or in equity to the only proper use, benefit, and behalf of the said party of the second part, its successors and assigns. IN WITNESS WHEREOF, said party of the first part has hereunto set their hand and seal the date first above written. Signed, sealed and delivered i iw ence (Name printed or (Name printed or typed) STATE OF FLORIDA COUNTY OF PALM BEACH �... P ..: 0,10� s 1 • Med V, 179 1010 Hibiscus Lane Delray Beach, FL 33444 k 14, DAWN M. WEIL 1010 Hibiscus Lade Delray Beach, FL 33444 The foregoing instrument was acknowledged before me this ( a- day of 20145 by ADAM F. WEIL and DAWN M. WEIL, who are personally known to me or has p oduced as identification, s �f ` Signa of Notary Public - ENZELL 1 r'l G S of Florida {� NOINY POW - Oft M qiM!/{�* Printed Name of Notary My Commission Expires: 2 b16u W, %�,�,cw•s Regular Meeting February 24, 2014; Item 8.A .� 2 949A Clint Moore Road SURVEYING & M A P P I N G Boca Ratan, Florida 33487 Certificate of Authorization No, LD7264 SKE-CCH A, HD U7 ALA DESCRPTi MA SHOT Q SMR VEY) MVO 67H AWr=NUM - E:Z QGH- T- OF -VVaY (8) LEGAL L DESC P-HP T ION THE EAST 10.00 FEET OF THE NORTHWEST ONE- QUARTER OF LOT 2 IN SECTION 8, TOWNSHIP 46 SOUTH, RANGE 43 EAST, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, IN PLAT BOOK 1, AT PAGE 4 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LESS AND EXCEPT THE NORTH 125.00 FEET THEREQF,ALSO LESS AND EXCEPT THE SOUTH 20.00 FEET THEREOF. SAID LANDS SITUATE IN THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA, AND CONTAIN 1889 SQUARE FEET, MORE OR LESS. MOTES 1. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID WITHOUT THE S:IGNATURF AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, 2, NO SEARCH OF THE PUBLIC RECORDS WAS MADE IN THE PREPARATION OF THIS SKETCH AND DESCRIPTION 3. BEARINGS SHOWN HEREON ARE BASED ON THE "COLNON SUBDIVISION REPLAT ", WITH THE SOUTH LINE OF LOT 1 BEARING SOUTH 89 14135" WEST. CERTIFICATION Tel; (561) 241 -9988 Fax: (561) 241 --5182 NW 11th STREET s u w r ABSR E V QATIO N S )'CATION MAP NOT TO SCALE L = ARCLENGTH CONC. CONCRETE COR. CORNER D DELTA (CENTRAL ANGLE) D.E. DRAINAGE EASEMENT 1.R. IRON ROD ].R.C. ON ROD AND CAP L.B. LICENSED BUSINESS L.S. = LICENSED SURVEYOR MON, = M4NUMENT O.R.B. = OFFICIAL RECORDS BOOK P.O.B. PC-1NT OF BEGINNING P.O.C. PC =INT OF COMMENCEMENT P.B. PLAT BOOK P.B.C.R. - PALM BEACH COUNTY RECORDS PG. PAGE PROFESSIONAL SURVEYOR a MAPPER R/W = RIGHT -OF -WAY U.E. = UTILITY EASEMENT IHEREBY CERTIFY THAT THE SKETCH AND DESCRIPTION SHOWN HEREON COMPLIES WITH MINIMUM TECHNICAL STANDARDS AS CONTAINED IN CHAPTER 5J- 17.051, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES, AND THAT SAID SKETCH AND DESCRIPTLON IS TRU ND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS P ARED UNDER MY DIRECTION, J APP-=- - - - -__ EYOR AND MAPPER FLORIDA LICENSE NO. LS5111 project flame: Job NO. 1001 HIBISCUS LANE I I DATE: 2/3/2014 DING BY: J51 -I CK'D 13y: JFIK SHEET I OF 2 Regular Meeting February 210 4; It /� � 10 � �SCwS ��3 s � ` 1 30' PUBLIC R/W /(P.B. 23, PG. 192, P.B.C.R.) f N- LINE LOT 2-�, — 25' PUBLIC R/W DEED I- /(D-3- 868, PG. 73, P.B.C.R.) PORTION OF N NWI 14LOT 2 SECTION 8 -46 -43 (P.B. 1, PC. 4, P.B.C.R.) WARRANTY DEED (0 -R.B- 25070, PG, 116, P.B.C.R.) i N890 18'48''E 10.00' 25' INGRESS- EGRESS EASEMENT f� (DB 722, PG- 56.2) PORTION OF (DB 918, PG. 436) NW /4LOT 2 SECTION 8 -46 -43 (P.B- 1, PG- 4, P.B.C.R.) WARRANTY DEED (O.R.B. 25301, PG. 1361, P.B.C.R.) LOT 1 ''COLNON SUBDIVISION REPLAT'' (P.B. 96, PGS. 111 -112) 15'U -E. (ORB 7208, PG. 484)1 0 z w z m rn m rr � / Lo C� t . � m 00 i 0 N Lo 0 0 z I � N 3 d- 1 � w� O �N - -20'- INGRESS - EGRESS- . -p --- -- EASEMENT IIHBMGUS LANE /(/ DB 1110, P(3. 661) \0' INGRESS- EGRESS SW1/4EOT -2- SECTION - - 8 -'46 = - 43 _ - -- EASEMENT - � -- (P.B. 1, PG 4, P.B- C.R.)RB 3598 PG. 698) Jos NO. 13126 Project Nct : 1001 HIBISCUS LANE owc BY CK•o Bv: 00 m 0 M 4 Lo Ln Q0 co N Ln O O �— 60' PUBLIC R/W (P.B. 23., PG, 192, P.B.C.R.) - - 66, � LOT 3 BLOCK 5 LOT 2 BLOCK 5 ''AMENDED PLAT OF LAKE IDA GARDENS." (P.B. 23, PC. 192, P.B -C.R.) LOT 1 BLOCK 5. S89° 14`36 "W 10,00' W' /2SE' /4L0T 2 SECTION 8 -46 -43 (P.B. 1, PG, 4, P.B.C.R.) IDATE: 2/3/2014 1 _SHEET 2 OF 2 1 Regular Meeting Febr r 4, 20 tem 8.A. 1�0,� tt t n SU5 I._ c�v� 02 -05- 14,15,44 ;From: To:737�938 ;5613672140 # 3/ 3 Adaxn Wail 1010 Hibiscus Lane Delray Beach, FL 33444 January 15, 2014 Mark McConnell City Of Delray Beach Department of Planning axed Zoning 100 NW 1 s` Ave. Delray Beach, FL 33444 Itc_ NW 6' Avenue Dear Mark; .Please be advised that I wish to dedicate that portion of NW 6`' Avenue which is depicted in the attached sketch and description, which is owned by ,me, to the City of Delray Beach as a right -of -way. Please proceed accordingly. Very trwy yours, dam Weil Regular Meeting February 24, 2014; Item 8.A. UJAM a a Z O H a v 0 J onuoAV u 49 MN 4E IL Regular Meeting February 24, 2014; Item 8.A. rk h��-_ t w C, N7 M 16 N L oc,�,,7 `LQo tv\ i�,� E, 3D' PUBUC RJW. f-P:B- 23, PG. 19.2, P.B.C.R.) N_ LINE L07 2 25'= PUBLIC P,1W {D1 ='ED A(D -B_ 868, PG.. 73, P.B,C -R -) 589° 18'4$ "tNW ;, 10.00' 1 PORTION ©T LOT 2 SECT)ON 5- 46 -.43 ; 1P:13_ 1, PG. 4, P_B.C.R,) WARRANTY DEED , CD,R.B_ 25670, PG. 176, P_B,C -a -) s 1 I t I l € J j NW 11TH STREET 50' PUBLIC R/W 7 {P.B. 23, PG_ 192, P.B_C.R.) �\ 1 0 rill n -4 1 N _N a O z = i� z W. WNn n lz I - a LOT :3 BLOCK 5 e Cl�ca�� ov1 ViDRAAWA LOT 1 BLOCK 5 i��xliei W��2SEl /`ILOT 2 SECTION 8- 46--43 [FI.B. 1, PG. 4, P:B.C.R.) fl E� Reg Zf eeting February 24, 2014; Item 8. I} � � I�©o 0C Ta-t5 � i\' t 9 7 I I>j � d 1 1 ti PORTION •DFI- NWI /4LOT 2 Li c� SECTION 8- 4.6 -43 (P -.B. 1, PG, 4, P.B.C.RD L2 c; WARRANTY DEED LLJ .� (L) -R.B.. 25301, PG. 136.1, P.B -C.R.) Ln i t f f 1 no z a ¢ 3 1 I C� Wa S � � '� V o },�1��^^��,,�LOCTr ��`1y rr LNDN S.UBDMSION fREPLAT ( ?.f3. 96, PGS_ 15' U.E_ -('CURB 7208, PG.'. x-84 )-I 1. ti, I ---2O= DIGRESS- EGRESS-,��--- - - - - -- .. - - - - -�- EASEIMENT ---HIBISCUS LANE j 1110, -PG. 561) - 1Cis II�GRE55 -E SS SE_CT }DN_ -- (P -B. 1, PG 4., P- B.C.F. -j- ((7RB 3508. Pr. 698) JOB 9- 13125 'Prot ec4 Mamas 1001- WBISCUS LANE 1-1 RIGHT OF -WAY D DRAT €UNS ON N.W_ 5TH AVENUE :t i� z W. WNn n lz I - a LOT :3 BLOCK 5 e Cl�ca�� ov1 ViDRAAWA LOT 1 BLOCK 5 i��xliei W��2SEl /`ILOT 2 SECTION 8- 46--43 [FI.B. 1, PG. 4, P:B.C.R.) fl E� Reg Zf eeting February 24, 2014; Item 8. I} � � I�©o 0C Ta-t5 � i\' TRANSMITTAL TO: Valerie Blake Date: 2/26/2014 City Clerk's Office RE: ROW 100 NW 1st Ave. Delray Beach, FL 33444 FROM: Carolanne Kucmerowski C City of Delray Beach - ESD 434 South Swinton Ave. Delray Beach, FL 33444 RE: Fully Executed Right -of -Way Dedication /Brett R. Kaye 920 Hibiscus Lane Attached, please find one (1) fully executed original Right -of -Way Dedication from Brett R. Kaye, for the property located at 920 Hibiscus Lane. Please have this right -of -Way Dedication RECORDED WITH PALM BEACH COUNTY. This item was approved by Commission on February 24, 2014; Agenda Item 8.B. Please return a RECORDED COPY. Thank you, Carolanne City of Delray Beach - Environmental Services Department 434 South Swinton Avenue, Delray Beach, FL 33444 Regular Meeting February 24, 2014; Item 8.13. Prepared by and RETURN: City Attorney's Office 200 N.W. 1 st Avenue Delray Beach, Florida 33444 PIN # RIGHT -OF -WAY DEED THIS INDENTURE made this I Z day of Felkur427 , 2014, between BRETT R. KAYE, an unmarried man, with a mailing address of 920 Hibiscus Lane, Delray Beach, FL 33444, as parry of the first part and CITY OF DELRAY BEACH, FLORIDA, a Florida municipal corporation with a mailing address of 100 N.W. 1st Avenue, Delray Beach, Florida 33444, as party of the second part. WITNESSETH: That said parry of the first part, for and in consideration of the mutual promises herein contained and other good and valuable consideration, does hereby grant, remise, release, quit claim and convey unto the party of the second part, its successors and assigns, all right, title, interest, claim and demand which the party of the first part has in and to the following- described land, situate, lying and being in the County of Palm Beach, State of Florida, to -wit: See Exhibit "A" attached hereto. This Deed is made for the purpose of giving and granting to the party of the second part, its successors and assigns, a right -of -way and easement in and to said lands for public highway, street, and public utility purposes and the maintenance thereof, and is made, executed and delivered with the express understanding and condition that should the same ever be discontinued or abandoned as a public highway or street, the title to same shall thereupon revert to and revel in the party of the first part or assigns, except that the easement for public utility purposes shall remain until released. That this right-of-way shall be subject only to those easements, restrictions, and reservation of record. The party of the first part agrees to provide for the release of any and all mortgages or liens encumbering this right -of -way. The party of the first part also agrees to erect no building or effect any other kind of construction or improvements upon the above - described property. Party of the first part does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever claimed by, through or under it, that it has good right and lawful authority to grant the above - described right -of -way and t Regular Meeting Febru ry e�� that the same is unencumbered. Where the context of this Right -of -Way Deed allows or permits, the same shall include the successors or assigns of the parties. TO HAVE AND TO HOLD THE SAME, together with all and singular the appurtenances thereto belonging or in anywise incident or appertaining, and all the estate, right, title, interest, and claim whatsoever of the said parry of the first part, in law or in equity to the only proper use, benefit, and behalf of the said party of the second part, its successors and assigns. IN WITNESS WHEREOF, said party of the first part has hereunto set their hand and seal the date first above written. Signed, sealed and delivered in PC presence of: G � (Name printed or typed) (Name printed or typed) STATE OF FLORIDA COUNTY OF PALM BEACH PARTY T ST PART B TT R. KAYE 920 Hibiscus Lane Delray Beach, FL 33444 The foregoing instrument was acknowledged before me this Ie9l day of 2014, by BRETT R. KAYE, who are personally known to me or has produced I&M I, QQ2 L 78a Y q '909-s identification. My Commission Expires 1 /a 9011v A* �VZA &k� Signa r of Notary Pub is - State o Florida G( -e' Printed Name of Notary 2 =. � PATIYELDREDGE MY COMMISSION 4 EE 8848x, * ooy EXPIRES'. September 12,20! �rF eF f 'p Bonded Thrd Budget Notary Serviti Ta —0 \"\ C X& Y Regular Meeting February 24, 201 �F_km .j S� Q � 949A Clint Moore Road Tel: (561) 241 998B Boca Raton, Florida 33487 SURVEYING &MAPPING Fax: (561) 241 Certificate of Authorization No. LB7264 - -5182 SKETCH AND LEGAL DESCRIPTION (NOT A SURVEY) NW 6TH AVENUE - RIGHT -AF -WAY (C) LEGAL DESCRIPTION A PORTION OF LOT 1, "COLNON SUBDIVISION REPLAT '', ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 96 AT PAGES 111 AND 112 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS= BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 1, THENCE SOUTH 89014136'' WEST, ALONG THE SOUTH LINE OF SAID LOT 1, A DISTANCE OF 25.00 FEET; THENCE NORTH 01° 01'52" WEST, A DISTANCE OF 20.00 FEET; THENCE NORTH 89014'36'' EAST, ALONG THE NORTH LINE OF SAID LOT 1, A DISTANCE OF 25.00 FEET, THENCE :SOUTH 01° 01'52" EAST, ALONG THE EAST LINE OF SAID LOT 1, A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE IN THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA, AND CONTAIN 500 SQUARE FEET, MORE OR LESS. NOTES 1. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 2. NO SEARCH OF THE PUBLIC RECORDS WAS MADE IN THE PREPARATION OF THIS SKETCH AND DESCRIPTION 3. BEARINGS SHOWN HEREON ARE BASED ON THE "COLNON SUBDIVISION REPLAT ", WITH THE SOUTH LINE OF LOT 1 BEARING SOUTH 89° 14'36" WEST. CERTIFICATION ABBREVIATIONS NW 11th STREET u 4FF , z STREET td z 0 LOCATION MAP NOT TO SCALE L ARCLENGTH CONIC. CONCRETE COR, CORNER D DELTA (CENTRAL ANGLE? D.E. DRAINAGE EASEMENT I.R. IRON ROD I. R. C: IRON ROD AND CAP L.B. - LICENSED BUSINESS L.S. LICENSED SURVEYOR MON. MONUMENT C.R.B. = OFFICIAL RECORDS BOOK P.O.B. POINT OF BEGINNING P.O.C. POINT OF CDMMENCEMENT P.B. PLAT BOOK P.B.C.R. = PALM BEACH COUNTY RECORDS PG. PAGE P.S.M. PROFESSIONAL SURVEYOR & MAPPER R/W RIGHT -OF -WAY D.E. UTILITY EASEMENT I HEREBY CERTIFY THAT THE SKETCH AND DESCRIPTION SHOWN. HEREON COMPLIES WITH MINIMUM TECHNICAL STANDARDS AS CONTAINED IN CHAPTER 5J- 17.031, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES, AND THAT SAID SKETCH AND DESCRIPTION IS TRUE ANU CORRECT TO THE BEST OF MY KNOWLEDGE A#BEL REP UNDER MY DIRECTION. S MAPPER F E NO_ LS5111 Project Nome: 1001 HIBISCUS LANE DATE= 1.2/23/2013 Boa NO, 13126 DWG BY: JSH cK•D BY: dEK SHEET 1 OF 2 Regular Me pg,F�br�t�r�y 24 5;�%, �. 30' PUBLIC R/W I /(P.B. 23, PG. 192, P.B.C.R.) � NW 11TH STREET ---------- - - - - -� - - - -, - ------ ------ - 25' PUBLIC R/W DEED 60' PUBLIC R/W (D.B. 868; PG. 73, P.B.C.R.) (P.B. 23, PG. 192, P.B.C.R-,)—\ PORTION OF NWI /4LOT 2 SECTION 8 -46 -43 (P -B. 1, PG. 4, P.B.C.R.) WARRANTY DEED (O.R.B. 25070, PG. 116, P.B.C.R.) m 0 z w _z. I 1I LOT 3 BLOCK 5 a�j Nk Regular Me ruajrtiy 1�Item Vr I I I I I I f I I I cf) _ Lll N p W {D I`r) W PORTION OF ;p I— m LCT 2 NWI /ILOT 2 Y w 66 Z - BLOCK 5 SECTION 8 -46 -43 jV) � � � N (P.B. 1, PG. 4, P.B.C.R.) WARRANTY DEED cwv l,J V) DO ;m < �.m Q E � ''AMENDED PLAT OF (O.R.B- 25301, PG- 1361, P.B.C.R.) ;zW m nc� LAKE [DA GARDENS'' III �� N� (P.B. 23, PG. 192, P.B.C.R.) Z N m LOT 1 BLOCK 5 wCL N89° 14'36 "E 25.00' 1 L-i LOT 1 II Ln ° "COLNON SUBDIVISION `" N01° 01'52 "W 20.00' REPLAT' (P.B. 96, PGS. 111 -112) i o /S01° 01'52 "E 20.00' 15' U.E- S89° 14'36 "W 25.00' (ORB 7208, PG. 484) P.O.B. I ;//x S -E. CORNER LOT 1 J------------- / --20' INGRESS-EGRESS = - - - - -- - ''COLNON SUBDIVISION REPLAT EASEMENT HIBISCUS LANE (P.B. 96, PGS. 111 -112) DB 1110, PG. 661) 100, 10' INGRESS- EGRESS WI /2SE1 /4LOT 2 SVyy 2_ SECTION 8_46 -43 __EASEMENT �- - SECTION 8 -46 -43 (P.B. 1, PG. 4, P.B.C.R.) RB 3598 PG. 698) 1 (P.B. 1, PG. 4, P.B.C.R.) oa 1 13126 Project tJa,ne, 1001 HIBfSCUS LANE G ae: JSH sens: CUD By, JEK 111.1 12/23/20131 SHEET 2 OF 2 Regular Me ruajrtiy 1�Item Vr Brett Kaye 920 Hibiscus Lane Delray Beach, FL :33444 January 15, 2014 Mark McConnell City of Delray Beach Department of Planning and Zoning 100 NW Is` Ave.. Delray Beach, FL 33444 Re: NW 6�' Avenue Dear Mark: Please be advised that I wish to dedicate that portion of NW 6tl Avenue which is depicted in the attached sketch and description, ,which is owned by me, to the City of Delray Beach as a right-of-way. Please proceed accordingly. Very tr yours, Bret[ Kaye Regular Meeting Fe ruar��V Sltgm 8.B. CL Q Z O H Q U O J F' it �--- - w► v . _ anuany y49 MN rim Regular Meeting February 24, 2014; Item 8.13. 3 0' .Pl#B c R r w, I i CP.B. 23, P.G. 192, P.B.C. R.) _ LINE � NW 11TH STREET 5` F'U:bl IC Rl— W OEE ;D L. PUBLIC JW _ (D.B_ 868, PG- P3, P,�_C.R_) {P.B. 23, PG. 192, 589° 18'48 "VV 10 -00' PORTIQN 'OF NWI %LOT 2 SECTION 8 -46 -43 •CP_B. t PG. 4, P_B.C.R.) WARRANTY DEED CD-R.3- 250:70, PG. 115-, P_B.0 -R -) i 9 , I X11 r 1 LOS :3 ,n BLOCK 5 Lo _ ° o ° z: b o z I X11 r 1 :I LJ I PORTION �al` 0� - Uj n M NW14LOT 2 �Lj06. Lu. FBLCCf 5 SECTION 8 -46 -43 {n��-a- LLJ }� tP_B. 1, PG. 4, P.B.C.R.) 0 WARRANTY DEED �; <�f I AMENDED PLAT OF t0_R..H.. 253.D1r PC: 1361, P.B.C.R_) ; �., � LAKE IDA GAR -DENS" {.P.D. 23, PG. 192, P.B.0 -R.) r r ] z y° . m { Cf.0 Q` ON _ � i Li-] LL' f CC s; O'C'R b V� LOT � N V "COLNDN SIJBDIVIS0N r.- 4\A RE.PLAT' "' CP.B_ 96, PGS_ " 15' U.'E_ G2�] s0lks -(-ORB 7208, PG, 484)1 - 2a -' I NGRESS_EG:RESS- ,�i--- - - - - -- - ,r EASEMENT - -HIBISGUS LANE /'(DB 111.0, PG. 661) 10' INGRESS- swy T .- SECTION 8 ]4%_43 - -- EASEMENT –�� -npR SE�TIO 8 -46-43 fP B. 1 PG 4, .P_B.0 -R -) 3598 PG- 698) CP.B,. 1, PG. 4, JOB 90. 13525 'Pra,] oct Noma 1001 H91SCUS LAME I M BY, ,,;$H $GALE= T'-4V RIGHT-OF -WAY iC.ATIONS ON !�l_VJ_ 6TH AVENUE cr.,D ev, I.-�4t DAZE 51.'V M4 11 Sif-FT 1-,F t CI Regu r Meeting February 24, 2014; Item 8.B f � E 1 C'� t� � () c4 a-15 0 N �� . TRANSMITTAL TO: Valerie Blake City Clerk's Office 100 NW 1st Ave. Delray Beach, FL 33444 FROM: Carolanne Kucmerowski City of Delray Beach - ESD 434 South Swinton Ave. Delray Beach, FL 33444 RE: Fully Executed Right -of -Way Dedication /Elaine Lewis 1098 Hibiscus Lane Date: 2/26/2014 RE: ROW Attached, please find one (1) fully executed original Right -of -Way Dedication from Elaine Lewis, for the property located at 1098 Hibiscus Lane. Please have this right -of -Way Dedication RECORDED WITH PALM BEACH COUNTY. This item was approved by Commission on February 24, 2014; Agenda Item B.C. Please return a RECORDED COPY. Thank you, Carolanne City of Delray Beach - Environmental Services Department 434 South Swinton Avenue, Delray Beach, FL 33444 Regular Meeting February 24, 2014; Item 8.C. Prepared by and RETURN: City Attorney's office 200 N.W,. Ist Avenue Delray Beach, Florida 33444 PIN # RTGHT -aF -WAY DEED THIS INDENTURF made this 1" day of "109!8Hibi 2014, . between ELAINE LEWIS, an unmarried woman, with a mailing address of et Lane (form erly 602 NNW 1 la' St.), Delray Beach, FL 33444, as party of the first part and CITY OF DELRAY BEACH, FLORIDA, a Florida municipal corporation writh a mailing address of 100 N.W. l st Avenue, Delray Beach, Florida 3 3444, as party of the second part. WITNESSETH: That said party of the first part, for and in consideration of the mutual promises herein contained and other good and valuable consideration,. does hereby grant, remise, release,. quit claim and convey unto the party of the second part, its successors and assigns; all right, title, . interest, claim and demand which the party of the first part has in and to the following - described land, situate, lying and being in the County of Palm Beach, State of Florida, to -wit: See Exhibit "A.." attached hereto. This Deed is made for the purpose of .giving and granting to the party of the second part, its successors and assigns, a right -of -way and easement in and to said lands for public highway, street, and public utility purposes and the maintenance thereof, and is made, executed and delivered with the express understanding and condition that should the saute ever be discontinued or abandoned. as a public highway nr street, the. title to same shall thereupon . revert to and revert in the party of the first part or assigns; except that the easement for public utility purposes shall remain until released, That this right -of -way shall be subject only to those easements, restrictions, and reservation of record, The party of the f rst part agrees to provide for the release of any and all mortgages or liens encumbering this right-of-way. The party of the first part also agrees to erect no building or effect any other kind of construction or improvements upon the above - described property, Party of the first part does hereby fully warrant the title to said land. and will defend the same against the lawful claims of all persons whomsoever claimed by, through: or under it, that it has good right and.. lawful authority to grant the above - described right -of -way and Regular Meeting February 24, t;Ql�n � Cur � e � �S that the same is unencumbered. Where the context of this Right -of -Way Deed allows or permits, the same shall include the successors or assigns of the parties. TO HAVE AND TO HOLD THE SAME, together with all and singular the appurtenances thereto belonging or in anywise incident or appertaining, and all. the estate; right, title, interest; and claim whatsoever of the said party of the first part, in law or in equity to the only proper use, benefit, and behalf of the said patty of the second part, its successors and assigns, IN WITNESS WHEREOF, said party of the first part has hereunto set their hand and seal the date first above written. Signed, sealed and delivered in the pre ce of; (Name printed or typed) (Name printed or typed) STATE OF FLORIDA COUNTY OF PALM BEACH PARTY OF THE FIRST PART ELAINE LEWIS� 1098 Hibiscus Lane Delray Beach, FL 33444 The foregoing instrument was ,acknowledged before me this ja' day of , 2014, by ELAINE LEWIS who is personally known to me)or has produced as igiiat e of Not ublic - State of Florida Printed Name of Notary My Commission E�€pires:. S � �S 2 f" CAROL J. PRIEST *� h` Commission # EE 067542 Expires May 26, 2095 Wded Thru TnryFain lnsuran BOp�85do79 Regular Meeting February 24, ,$ re �k�•��;,�t� fit, T e�` 949A Clint Moore Road SURVEYING & MAPPING Boca Raton, Florida 33487 Certificata cf Autharizatlon No.1-137264 SKE CGS AM LEGAL DIESCR p AON (N07 AR SURVEY) MIA1 67H QVEC ULE — RnGH -T—O — 'UP&QY (A) LEGAL DESCMPTIMA THE EAST 10.00 FEET OF THE NORTH 125.00 FEET OF THE NORTHWEST ONE— QUARTER OF LOT 2 IN SECTION 8, TOWNSHIP 46 SOUTH, RANGE 4 -3 EAST, ACCORDING TO THE PLAT THEREOF ON FfLE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, IN PLAT BOOK 1, AT PAGE '4 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LESS AND EXCEPT THE NORTH 25.00 FEET THEREOF, SAID LANDS SITUATE IN THE CITY OF DEFRAY BITACH, PALM BEACH COUNTY, FLORIDA, AND CONTAIN 1000 SQUARE FEET, MORE OR LESS. NOTES 1. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID. WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL. OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 2. NO SEARCH OF THE PUBLIC RECORDS WAS MADE IN THE PREPARATION OF THIS SKETCH AND DESCRIPTION 3. BEARINGS SHOWN HEREON ARE BASED ON THE "COLNON SUBDIVISION REPLAT ", WITH THE SOUTH LINE OF LOT 1 BEARING SOUTH 89° 14136" WEST. CERTIFICATION QBBREV0AT0ONIS Tel: (561) 241 -9988 Fax: (561) 241-5182 NW 11th STREET LOCATION MAP NOT TO SCALE L = ARCLENGTH CCNC. CONCRETE COR. CORNER D DELTA !CENTRAL ANGLE) D.E. DRAINAGE EASEMENT 1.R. IRON ROD ].R.C. IRON ROD AND CAP L.B. LICENSED BUSINESS L.S. LICENSED SURVEYOR VON. = MONUMENT O. R Bo = OFFICIAL RECORDS BOOK P.O :. B. = POINT OF BEGINNING P. O.C. = POINT OF COMMENCEMENT P. Be PLAT BOOK P.B�C<R. PALM BEACH COUNTY RECORDS PG. - PAGE P.S.M. PROFESSIONAL SURVEYOR 3 MAPPER R/W = RIGHT -OF -WAY U.E. = UTILITY EASEMENT IHEREBY CERTIFY THAT THE SKETCH AND DESCRIPTION SHOWN HEREON COMPLIES WITH MINIMUM TECHNICAL STANDARDS AS CONTAINED IN CHAPTER SJ- 17.D51, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES, AND THAT SAID SKETCH AND DESCRIPTION IS TRUE AN CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF A PREPA UNDER MY DIRECTION_ JEFF — P -- _- - --- -- SUR OR AND MAPPER FLORIDA LICENSE NO. LS5111 Project Name: 1DDI HIBISCUS LANE DDB INC. 13126 IOWU Bv: JSH cK'o By: JEK GATE: 2/3/2014 SHEET 1 O 2 't Uki' e- CE ; 30' PUBLIC R/W X '(P.B, 23, PC. 192, P.B.C.R.) �— N. LINE LOT 2 25' PUBLIC R/W DEED M.B. 868, PG. 73, P.B.C.R.) S89° 18'48 'W 10.00' N PORTION OF NWI /4LOT 2 SECTION 8 -46 -43 (P.B. 1, PG. 4, P.B.C.R.) WARRANTY DEED (0 -R.B. 25070, PG. 116, P- B.C.R.) S890 18'48 "W 10.00' PORTION OF NWI /4LOT 2 SECTION 8 -46 -43 (P.B. 1, PG. 4, P.S.C.R.) WARRANTY DEED (O.R.B. 25301, PG. 1361, P.B.0 -R.) LOT 1 "COLNON SUBDIVISION REPLAT" (P.B. 96, PGS- 111 -112) 15, U. E. (ORB 7208, PC. 484 - -20 INGRESS- EGRESS - JAS---- - - - - -- ---- -----I- ,/(DBEA EMENT661) HUSCUS LANE 0 0 N Lo a 0 Q z LLo 1U) '>m0- W LLJ �`Q N� c? Lj Iz m m ,L a N Ln I N d' i 0 W �I �n NI m 0 I ® 10' INGRESS - EGRESS SWY4LOT 2 _SECTION 8_`46 -43 _ -_ -- EASEMENT- � °- (P.B. 1, PG. 41 P.B.C-W) ORB 3598, PC, 698) Jaa No. 13126 I Praj eci Name: 10x1 HIDJSCUS LANF �wc Nr: --- CK'D BL 0 0 O N u7 0 0 0 z 1� L w >�N � Ly un 0 �Nm MITI A Ii TH STREEET :6C' PUBLIC R/W (P,B- 23, PG. 192, P.B.C.R.) II�II. LOT 3 BLOCK 5 LOT 2 BLOCK 5 "AMENDED: PLAT OF LAKE IDA GARDENS" (P.B. 23, PC- 192, P.B.C.R -) N 0 LOT 1 BLOCK 5 z w z LLJ WI /2SE' /4LOT 2 SECTION 8 -46 -43 (P.B. 1, PG. 4, P.B.C.R.) H sce��: 1 " =40` K SCIL 2/3/2094 SHEFT 2 OF 2 Regular Meeting February 24, 2014 `' f l tJC1 . �a'Y'Uw5 �.4,jne ?b +4 d s Elaine Lewis I098 lhbiscus Lane Delray Beach FL 3.3444 January 1 5, -2014 ,Mark McConnell City -of Delray Beach Department of Planning and Zoning 100 NW I" Ave. Delray Beach, FL 33444 Re: NW 6`h Avenue Dear Mark: Please be advised that I wish to .dedicate that portion of NW 6`h Avenue which is :depicted in the attached sketch and description, which is owned by rnc, to the City of Delray Beach as a right -of -way. Please proceed accordingly, Very tr�y yours, R � Elaine Lewis �Qh e- p S S Regular Meeting February 24, 2014; Item 8.C. a Q Z O H Q V O J C anuand y1g MN Regular Meeting February 24, 2014; Item 8.C. 30' PUBLIC R/W /'f-P3. 23, PG. 192, ,P.B.C.R.) r- N. LIFE LOT 2 25'.F7USL }C TZIVV DEED 868, P.G. 73, P- B -C.R.) 4 } NW 11TH STREET .1 PUBLIC 'R /W P_B.C.R_3 ' n r� N� , , i 03 LOT I N "Ci OLNON SUBDIVISION � r` REPLAT " >' LOT i (?a 96, PGS. 111 -112,. � 0 � BLOCK o I -DP,B 7208, PG. 484) ` -- 20- 1#VGRE S- EGRE55-- _�_-------------- -_ -1__ S8901 -`36 "W 10-DQ' { FASEMENT - HIBISCUS LANE X61) 1t3' INGRESS -E E:SS W f2SEI// LOT 2 51 �LC7T 5ECTl10N_ 8 ='4_ -43 . - _EASEMENT- =�- S.ECTION 8 -46 -43 (P.B. 1, PG. 4, P.B. : -) nR 3598. PG. 698) 1, PG. 4; .P:B.C.R_) JOB 00. 13125 �Pro}ec°F Romp: 1DO1- HIBISCUS DARE Mo gw! ,ASH SCALE, 1 " -4V- R1CFiT -•2)f -WAY DFi]1C,SfiFCf ATV N_1N_ 6 _H AVENUE t�-o i yr Jn( BATE, 9YSl9fl3A %_PF T I EF 1 CI _ ,r Regul Meeting February 24, 2014; Item 8. �1 S890 13'4-8" .� be �ca u , >n i O PORTION DF i` Lo�,, NW{ /A,LOT 2 1 05� S1 CT1DN 8 -46 -43 a P.B. PG. 4,P.S.C:R.) WARRANTY DEED L,'= o U' 0- a- t Z W (-O.R.B_ 25070, PG. 118, P_B,C.R.) ; 0 SECTIDN 8-4.6-L'3 LIM �� (P..B. 1, PG. 4, F.B,C.R_) WARRANTY DEFD ro ; � <�rn; � <�r "AMENDED PLAT OF 253 01 (0 .1T PG Lame ' n r� N� , , i 03 LOT I N "Ci OLNON SUBDIVISION � r` REPLAT " >' LOT i (?a 96, PGS. 111 -112,. � 0 � BLOCK o I -DP,B 7208, PG. 484) ` -- 20- 1#VGRE S- EGRE55-- _�_-------------- -_ -1__ S8901 -`36 "W 10-DQ' { FASEMENT - HIBISCUS LANE X61) 1t3' INGRESS -E E:SS W f2SEI// LOT 2 51 �LC7T 5ECTl10N_ 8 ='4_ -43 . - _EASEMENT- =�- S.ECTION 8 -46 -43 (P.B. 1, PG. 4, P.B. : -) nR 3598. PG. 698) 1, PG. 4; .P:B.C.R_) JOB 00. 13125 �Pro}ec°F Romp: 1DO1- HIBISCUS DARE Mo gw! ,ASH SCALE, 1 " -4V- R1CFiT -•2)f -WAY DFi]1C,SfiFCf ATV N_1N_ 6 _H AVENUE t�-o i yr Jn( BATE, 9YSl9fl3A %_PF T I EF 1 CI _ ,r Regul Meeting February 24, 2014; Item 8. �1 Lo�,, LLI NWI /4LOT 2 L,'= o U' 0- a- t Z W 9LOCK 5 SECTIDN 8-4.6-L'3 LIM �� (P..B. 1, PG. 4, F.B,C.R_) WARRANTY DEFD ro ; � <�rn; � <�r "AMENDED PLAT OF 253 01 (0 .1T PG LAKE TDA OAR,DENS' -R..B_ o i P.B. 23, PG. 19:2, P.B.C_R.) ,__, tit r � ' n r� N� , , i 03 LOT I N "Ci OLNON SUBDIVISION � r` REPLAT " >' LOT i (?a 96, PGS. 111 -112,. � 0 � BLOCK o I -DP,B 7208, PG. 484) ` -- 20- 1#VGRE S- EGRE55-- _�_-------------- -_ -1__ S8901 -`36 "W 10-DQ' { FASEMENT - HIBISCUS LANE X61) 1t3' INGRESS -E E:SS W f2SEI// LOT 2 51 �LC7T 5ECTl10N_ 8 ='4_ -43 . - _EASEMENT- =�- S.ECTION 8 -46 -43 (P.B. 1, PG. 4, P.B. : -) nR 3598. PG. 698) 1, PG. 4; .P:B.C.R_) JOB 00. 13125 �Pro}ec°F Romp: 1DO1- HIBISCUS DARE Mo gw! ,ASH SCALE, 1 " -4V- R1CFiT -•2)f -WAY DFi]1C,SfiFCf ATV N_1N_ 6 _H AVENUE t�-o i yr Jn( BATE, 9YSl9fl3A %_PF T I EF 1 CI _ ,r Regul Meeting February 24, 2014; Item 8. �1