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07-01-14 Regular Meeting AgendaCity of Delray Beach Regular Commission Meeting Tuesday, July 1, 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 ROLL CALL 2. INVOCATION 3. PLEDGE OF ALLEGIANCE TO THE FLAG A. NONE 4. APPROVAL OF MINUTES: A. NONE 5. PRESENTATIONS: A. RESOLUTION NO. 30 -14: Approve Resolution No. 30 -14 recognizing and commending Jasmin Allen, Planner, for 30 years of dedicated service to the City of Delrav Beach. B. Update on the Legislative Session — Senator Maria Sachs 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. RESOLUTION 25 -14: Approve Resolution No. 25 -14; abandonment of a 50' wide by 140.72' long portion of S.W. 2nd Avenue, leg south of S.W. 71h- Street within the Nichols First Addition and Nichols Second Addition Plats. 1 • ACCEPTANCE OF A WATER EASEMENT DEED /S.W. 71H-- STREET: Approve acceptance of a 12' wide Water Easement Deed between the City and al Beverley and Edward L. Forbes to accommodate an existing water main located on the western side of the road right -of -way for the property located at 206 S.W. 7th Street. B. INCREASE SPENDING CAP /RECHTIEN INTERNATIONAL TRUCKS: to increase the spending cap for Rechtien International Trucks to $80,000.00 for the purchase of parts and repairs for the City's Fire Rescue Ambulance vehicles, as a sole source vendor. This purchase award is in compliance with Code of Ordinances, Chapter 36, Section 36.02 (C)(6)(a) and (b), "Sole Source and City Standard ". Funding is available from 501- 3311 -591 -52.50 (Garage Fund: Operating Supplies /External Supplies) and 501- 3311 -591 -52.52 (Garage Fund: Operating Supplies /C.G. — Outside Service). C. RESOLUTION NO. 32 -14 /NAMING OF PUBLIC FACILITY REVEREND J.W.H. THOMAS, JR. PARK: Approve Resolution No. 32 -14; recognizing Reverend J.W.H. Thomas, Jr., by naming the S.W. 91h- Avenue and S.W. 1St Street pocket park in Delray Beach, Florida, the "Reverend J.W.H. Thomas, Jr." Park. D. AMENDMENT NO. 1 TO THE AGREEMENT FOR STATE PROFESSIONAL LOBBYING SERVICES /BALLARD PARTNERS: Approve Amendment No. 1 to the Agreement for State Professional Lobbying Services with Ballard Partners to renew the term of the contract for one (1) year. This is a renewal that is permitted per our Purchasing Code, Section 36.07(A)(3), "Renewals ". E. AMENDMENT NO. 2 TO THE AGREEMENT FOR PROFESSIONAL LOBBYING SERVICES /BECKER & POLIAKOFF: Approve Amendment No. 2 to the Agreement for Federal Professional Lobbying Services with Becker & Poliakoff to renew the term of the contract for one (1) year. This renewal is in compliance with Code of Ordinances, Chapter 36, Section 36.07(A)(3), "Renewals ". Funding is available from 001 - 1111 -511 -34.90 (General Fund: Operating Expenses - Miscellaneous /Other Contractual Services). F. PROCLAMATIONS: 1. Olympic Day - June 23, 2014 2. Park & Recreation Month — July 2014 3. Discrimination Free Zone G. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period June 16, 2014 through June 27, 2014. H. AWARD OF BIDS AND CONTRACTS: 1. Bid award to Layne In -liner in the amount of $24,740.00 to rehabilitate deteriorating storm drainage pipes for the properties located at 939 Evergreen Drive and 1036 Seasage Drive. This award is in compliance with Code of Ordinances, Chapter 36, Section 36.03(B), "Multiple Acquisitions from Vendor Exceeding $25,000 in Any Fiscal Year ". Funding is available from 448- 5461 -538- 46.90 (Storm Water Utility Fund: Repair & Maintenance Service /Other Repair /Maintenance Cost). 2. Contract award to Sullivan Electric and Pump, Inc., in an amount not to exceed $90,000.00 for repair and rehabilitation of submersible wastewater pumps and/or irrigation pumps. This award is in compliance with Code of Ordinances, Chapter 36, Section 36.03 (B) "Multiple Acquisitions from a Vendor Exceeding $25,000.00 in Any Fiscal Year ". Funding is available from 441 - 5144 - 536 -46.20 (Water and Sewer Fund: Repair and Maintenance Service /Equipment Maintenance) 3. Purchase award to Southeastern Pump Corporation in an annual amount not to exceed $83,000.00 for the purchase and supply of submersible wastewater pumps for Wastewater Lift Stations. This award is in compliance with Code of Ordinances, Chapter 36, Section 36.03 (B), "Multiple Acquisitions from a Vendor Exceeding $25,000.00 in Any Fiscal Year ". In addition, request approval of purchases and supplies of submersible wastewater pumps through Southeastern Pump Corporation as "Sole Source" and "City Standard ", in compliance with Code of Ordinances, Chapter 36, Section 36.02 (C)(6)(a) and (b), "Sole Source and City Standard ". Funding is available from 441 - 5144 - 536 -46.20 (Water and Sewer Fund: Repair and Maintenance Service /Equipment Maintenance). REGULAR AGENDA: A. WAIVER REQUEST /701 NORTH OCEAN BOULEVARD: Consider approval of a waiver request to Land Development Regulations (LDR) Section 4.6.5 (C), "Height Restrictions ", to allow the increased wall height from 6' to 7' in the required front yard setback areas for a single family residence located at 701 North Ocean Boulevard. (Quasi - Judicial Hearing) B. AMENDMENT NO. 2 TO THE WORKFORCE HOUSING COVENANT /CITY OF DELRAY BEACH AND SP5 WOOD MIDTOWN DELRAY, LLC.: Consider Amendment No. 2 to the Workforce Housing Covenant, as proposed between the City of Delray Beach and SP5 Wood Midtown Delray, LLC. C. AMENDMENT NO. 3 TO THE WORKFORCE HOUSING COVENANT /CITY OF DELRAY BEACH AND ALTA CONGRESS, OWNER LLC.: Consider Amendment No. 3 to the Workforce Housing Covenant, as proposed between the City of Delray Beach and Alta Congress, Owner LLC. D. DISCUSSION OF PROPOSED TRAFFIC PATTERN MODIFICATION /SOFA BUILDING #1 AND SOFA BUILDING #2: Provide direction regarding proposed traffic pattern modification for SOFA Building #1 and SOFA Building #2. E. SETTLEMENT OFFER BY LOUIE CHAPMAN, JR.: Consider approval of a proposed settlement offer by Mr. Louie Chapman, Jr., to settle his employment claims. F. APPOINTMENT OF AN ACTING CITY ATTORNEY: Appoint an Acting City Attorney upon the resignation of Ms. Terrill P b G. NOMINATION FOR APPOINTMENT TO THE HISTORIC PRESERVATION BOARD: Nominate one (1) regular member for appointment to the Historic Preservation Board to serve an unexpired term ending August 31, 2015! Based on the rotation system, the nomination for appointment will be made by Mayor Glickstein Seat #5). H. NOMINATION FOR APPOINTMENT TO THE DOWNTOWN DEVELOPMENT AUTHORITY (DDA): Nominate one (1) regular member for appointment to the Downtown Development Authority (DDA) to serve three (3) year terms ending July 1, 2017. Based on the rotation system, the nomination for appointment will be made by Mayor Glickstein (Seat #5). I. NOMINATIONS FOR APPOINTMENT TO THE CIVIL SERVICE BOARD: Nominate two (2) regular members and one (1) alternate member for appointment to the Civil Service Board to serve two (2) year terms ending July 1, 2016. Based on the rotation system, the nominations for appointment will be made by Commissioner Petrolia (,Seat #I), Commissioner Jacquet (,Seat #2) and Commissioner Frankel (,Seat #3). NOMINATIONS FOR APPOINTMENT TO THE PUBLIC ART ADVISORY BOARD: Nominate three (3) regular members to serve two (2) year terms ending July 31, 2016 and one (1) regular member to serve an unexpired term ending July 31, 2015 to the Public Art Advisory Board. Based on the rotation system, the nominations for appointment will be made by Mayor Glickstein (Seat #5), Commissioner Petrolia (Seat #1), Commissioner Jacquet (Seat #2) and Commissioner Frankel (Seat #3). K. NOMINATIONS FOR APPOINTMENT TO THE EDUCATION BOARD BOARD: Nominate two (2) regular members to serve two year terms ending July 31, 2016 and one (1) regular member to serve an unexpired term ending July 31, 2016 to the Education Board. Based on the rotation system, the nominations for appointment will be made by Commissioner Petrolia (Seat #1), Commissioner Jacquet (Seat #2) and Commissioner Frankel (,Seat #3). L. NOMINATION FOR APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY: Nominate three (3) regular members for appointment to the Delray Beach Housing Authority to serve four (4) year terms ending July 1, 2018. Based on the rotation system, the nominations for appointment will be made by Mayor Glickstein (Seat #5), Commissioner Petrolia (Seat #1) and Commissioner Jacquet Seat #2). M. NOMINATION FOR APPOINTMENT OF A CHAIRPERSON AND VICE CHAIRPERSON TO THE COMMUNITY REDEVELOPMENT AGENCY (CRA) BOARD: Recommend appointment of a Chairperson and Vice Chairperson to the Community Redevelopment Agency (CRA) Board. 10. PUBLIC HEARINGS: A. ORDINANCE NO. 07 -14 (SECOND READING /SECOND PUBLIC HEARING): Consider a privately- initiated amendment to the Future Land Use Element of the Comprehensive Plan, modifying the description of the General Commercial (GC) Future Land Use designation, and Policy A -7.2 of the Future Land Use Element, to allow an increase in density to a maximum of 24 units per acre, and establish a maximum Floor Area Ratio (FAR) of 0.75 for lands zoned General Commercial (GC) which are located within the Infill Workforce Housing Overlay District. B. ORDINANCE NO. 08 -14 (SECOND READING /SECOND PUBLIC HEARING): Consider privately- initiated amendments to the Land Development Regulations (LDR) Sections 4.4.9, "General Commercial ", Subsection 4.4.9 (C), "Conditional Uses ", to allow a density up to a maximum of twenty -four (24) units per acre within the Infill Workforce Housing Area; creating Subsection 4.4.9(G)(5), " Infill Workforce Housing Overlay District" to establish a maximum Floor Area Ratio (FAR) of 0.75; amending Article 4.7, "Family/Workforce Housing ", Section 4.7.1, "Definitions ", Subsection 4.7.1.1, " Infill Workforce Housing Area" and Section 4.7.4(g), to specify the maximum allowable density of 24 units per acre within the General Commercial zoning district. (Quasi- Judicial Hearing) C. ORDINANCE NO. 09 -14 (SECOND READING /SECOND PUBLIC HEARING) Consider a privately- initiated amendment to the Land Development Regulations (LDR) to Section 4.4.24 11)(C)(F) "Old School Square Historic Arts District: Principal Uses and Structures, Accessory Uses and Structures Permitted, Development Standards ", to include Lots 16 -18, Block 69, Lots 11 -12, the North half of Lot 13, and Lots 23 -25 Block 70, Town of Delray, to the list of lots within the Old School Square Historic Arts District (OSSHAD) zoning district that can be developed pursuant to the development standards and uses of the Central Business District (CBD, ) zoning district. (Quasi- Judicial Hearin ,-) D. ORDINANCE NO. 29 -14 (SECOND READING): Consider an amendment to Chapter 91, "Animals ", by enacting a new Section 91.18, "Retail Sale of Dogs and Cats ", to provide for regulations regarding dog and cat sales; and amending Chapter 37, "Code Enforcement ", Section 37.45, "Supplemental Code Enforcement Procedures ", Subsection (Q), "Civil Penalties" to provide penalties. RESOLUTION NO. 31 -14: QUIT CLAIM DEED WITH THE COMMUNITY REDEVELOPMENT AGENCY (CRA): Consider approval of Resolution No. 31 -14; authorizing a Quit Claim Deed between the City and the Community Redevelopment Agency (CRA) for two small parcels of land located at the existing sidewalk on S.E. 4th Avenue adjacent to the old library site and the expanded alley parking area on the north side of the old library site, in order for them to be properly dedicated as public right -of -way. F. AMENDMENT TO THE DEVELOPMENT AGREEMENT AND PURCHASE AND SALE AGREEMENT /CANNERY ROW, LLC: Consider approval of an Amendment to the Development Agreement and Purchase and Sale Agreement with Canner LLC., provides that instead of the City having the option to purchase a shell of a building on Lot 12 of the Cannery Row Plat for $530,000.00, the developer will give the City the property labeled Proposed Tract "O" on the plat for park purposes. 11. FIRST READINGS: A. NONE 12. COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS: A. City Manager B. City Attorney C. City Commission MEMORANDUM TO: Mayor and City Commissioners FROM: Dot Bast, Human Resources Administrator THROUGH: Terry Stewart, Interim City Manager DATE: June 12, 2014 SUBJECT: AGENDA ITEM 5.A. - REGULAR COMMISSION MEETING OF JULY 1, 2014 RESOLUTION NO. 30-14: JASMIN ALLEN BACKGROUND In accordance with the City's service award policy, employees with 30 years of continuous full -time service are to be honored by the City Commission with a resolution and plaque. Jasmin Allen, Planner, achieved this milestone on May 21,2014. RECOMMENDATION Approve Resolution No. 30 -14. RESOLUTION NO. 30 -14 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING JASMIN ALLEN FOR THIRTY YEARS OF SERVICE TO THE CITY OF DELRAY BEACH. WHEREAS, Jasmin Allen began her career with the City of Delray Beach on May 21, 1984 and on May 21, 2014, reached a milestone in her career, having achieved thirty years of full -time service with the City; and WHEREAS, Jasmin was hired as a Planning Technician in 1984, was promoted to Planner I in 1989 and in 1994 became a Planner where she has served with distinction; and WHEREAS, Jasmin is a valuable, integral part of the planning team, is skilled in coordination, administration and organization of all planning projects for the City and is known for her technical expertise; and WHEREAS, offering outstanding service is Jasmin's true strength and she embodies service with compassion to anyone fortunate enough to be her customer; and WHEREAS, Jasmin displays the highest level of professionalism and ethics at all times and always puts the City's interests above all else; and WHEREAS, Jasmin's consistent positive outlook brightens up the office, making her a joy to have on our team. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach hereby recognizes and commends Jasmin Allen for thirty years of dedicated and faithful public service. Section 2. That the City Commission hereby congratulates and expresses sincere thanks and appreciation to Jasmin Allen for her many years of service, and wishes her the best of health and happiness in her continued employment. PASSED AND ADOPTED in regular session on this the 1sr day of July 2014. MAYOR ATTEST: CITY CLERK MEMORANDUM TO: Mayor and City Commissioners FROM: Planning and Zoning Department THROUGH: Terry Stewart, Interim City Manager DATE: June 24, 2014 SUBJECT: AGENDA ITEM 8.A. - REGULAR COMMISSION MEETING OF JULY 1, 2014 RESOLUTION NO. 25-14/S.W. 2ND AVENUE ABANDONMENT BACKGROUND The proposed abandonment consists of the SW 2nd Avenue right -of -way located south of SW 7th Street. This portion of the right -of -way was dedicated by the plats of Nichols First Addition to Delray Beach, Florida (PB 21, Page 69) and Nichols Second Addition to Delray Beach, Florida (PB 21, Page 70), which were recorded on March 5, 1947. The area to be abandoned is 50 feet wide by approximately 141 feet deep. While the right -of -way contains existing utilities, it is unpaved, so it does not provide access to the adjacent properties. To accommodate existing utilities in the right -of -way, a general utility easement will be retained over the southern 5' of the abandonment area and a 12' wide water easement will be dedicated to the City by a separate Easement Deed to accommodate an existing water main located on the western side of the right -of -way. On May 19, 2014, the abandonment was reviewed by the Planning and Zoning Board and the Board recommended approval on a vote of 6 to 1 (Spodak dissenting). A full analysis of the proposed abandonment, including the required findings, is provided in the attached Planning and Zoning Board staff report. Discussion: Pursuant to LDR Section 2.4.6(M)(1), public right -of -way may be abandoned (returned) to the fee description of adjacent property to the same degree in which it was originally obtained (i.e. property dedicated exclusively from a single parcel shall be returned to that parcel; property dedicated through subdivision shall be divided at the center line and returned equally to abutting parcels.) As previously stated, the subject road right -of way was dedicated by two plats with the dividing line located at the centerline of the right -of -way. The owners of the adjacent properties (Lot 9, Nichols First Addition to Delray Beach, Florida and Lot 18, Nichols Second Addition to Delray Beach, Florida are each entitled to 25 feet of the abandoned area. Since the right -of -way dead -ends just south of SW 7th Street, and there is no way to continue the roadway through the property to the south to connect to SW 8th Street, the City has no plans to pave this portion of SW 2nd Avenue. The right -of -way is not needed for access to the surrounding properties, and while the right -of -way does include existing utilities, these can be accommodated within utility easements. The City's Environmental Services Department (ESD) has reviewed the request and has no issues with the abandonment provided utility easements are retained or dedicated to accommodate existing utilities. A 12' wide water easement will be dedicated by Easement Deed to accommodate an existing water main located on the western side of the road right -of -way. In order to roughly center the water main within the 12' easement, it is necessary to include a portion of the applicant's property to the west within the easement. City Commission acceptance of this easement has been included as a separate item on this agenda. The utility companies (Florida Public Utilities, AT &T, Comcast and FP &L) have been notified and have no objection to the abandonment provided an easement is retained over the southern five feet of the abandonment area. This easement is a continuation of a 5' easement located within the plats to the east and west of the abandonment area. With these two easements, the provision of utilities will not be affected in this area and there is no further public purpose for the existing right -of -way. Therefore, a positive finding can be made with respect to LDR Section 2.4.6(M)(5) and the request can be supported. With the abandonment, the property within the right -of -way will be included within the adjacent lots and returned to private ownership. FINANCIAL DEPARTMENT REVIEW Not applicable. RECOMMENDATION By motion, approve Resolution No. 25 -14 to abandon a portion of the road right -of -way for SW 2nd Avenue as described therein, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.6(M)(5), of the Land Development Regulations. RESOLUTION NO. 25 -14 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A PORTION OF THE SW 2ND AVENUE ROAD RIGHT -OF -WAY, AS MORE PARTICULARLY DESCRIBED HEREIN, BUT RESERVING AND RETAINING TO THE CITY A GENERAL UTILITY EASEMENT FOR PUBLIC AND PRIVATE UTILITIES OVER A PORTION OF THE ABANDONMENT AREA, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING A REVERTER CLAUSE AND AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach, Florida received an application for the abandonment of a portion of the existing 50' road right -of -way for SW 2nd Avenue as set forth on the plats for Nichols First Addition to Delray Beach, Florida (PB 21, Page 69) and Nichols Second Addition to Delray Beach, Florida (PB 21, Page 70), being more fully described in the sketch and legal description attached hereto as Exhibit "A "; and WHEREAS, the application for abandonment of said road right -of -way was processed pursuant to Section 2.4.6(M), "Abandonment of Rights -of- Way ", of the Land Development Regulations of the City of Delray Beach, Florida; and WHEREAS, pursuant to LDR Section 2.4.6(M)(3)(e), the Planning and Zoning Board, as Local Planning Agency, formally reviewed the matter at a public hearing on May 19, 2014, and voted 6 to 1 to recommend approval of the abandonment, based upon positive findings with respect to LDR Section 2.4.6(M)(5), subject to the condition that a general utility easement be retained over the southern 5 feet of the abandonment area; and a 12' wide water easement be dedicated by separate instrument over an existing water line located on the western side of the road right -of -way. WHEREAS, pursuant to LDR Section 2.4.6(M), the application was forwarded to the City Commission with the recommendation that the abandonment be approved, based upon positive findings; and WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that it to be in the best interest of the City of Delray Beach to vacate and abandon said road right of way, based upon positive findings pursuant to LDR Section 2.4.6(M)(5), but does not abandon and retains and reserves unto itself a general utility easement over the southern 5 feet of the abandonment area for the purpose of emergency access and constructing and /or maintaining, either over or under the surface, poles, wires, pipes, sewers, drainage facilities, or any other facilities used for various public utilities whether owned by the City or private corporations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA: Section 1. That the foregoing recitals are hereby incorporated herein by this reference. Section 2. That pursuant to Chapter 177.101(5) and Chapter 166 of the Florida Statutes, it is hereby determined by the City of Delray Beach Commission to vacate and abandon all rights and interests it holds to the real property described in Exhibit "A" except as provided for in Section 3 of this Resolution. Section 3. The City of Delray Beach Commission does not abandon and retains and reserves unto itself a general utility easement for the purpose of emergency access and constructing and /or maintaining, either over or under the surface, poles, wires, pipes, sewers, drainage facilities, or any other facilities used for various public utilities whether owned by the City or private corporations, over the southern 5 feet of the abandonment area, more particularly described in Exhibit `B ". Section 4. The abandonment shall not be effective until both this Resolution and a Water Easement Deed over the existing water line have beeen recorded in the Public Records of Palm Beach County, Florida. PASSED AND ADOPTED in regular session on this the day of 2014. ATTEST: CITY CLERK MAYOR 2 RES. NO. 25 -14 .■ SPECIFIC PUROSE SURVEY BY PULICE LAND SURVEYORS, 1 + 5381 NOB HILL ROAD SUNRISE, FLORIDA 33351 TELEPHONE: (954) 572 -1777 ° FAX: (954) 572 -1778 E —MAIL: surveys0pulicelandsurveyors.com . CERTIFICATE OF AUTHORIZATION #LB387 LEGAL DESCRIPTION: A PORTION OF THE RIGHT —OF —WAY FOR S.W. 2ND AVENUE AS DEDICATED BY "NICHOLS FIRST ADDITION TO DELRAY BEACH, FLORIDA ", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 21, PAGE 69, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA AND "NICHOLS SECOND ADDITION TO DELRAY BEACH, FLORIDA ", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 21, PAGE 70, OF SAID PUBLIC RECORDS BOUND AS FOLLOWS: ON THE EAST BY THE WESTERLY BOUNDARY OF LOT 9 OF SAID "NICHOLS FIRST ADDITION TO DELRAY BEACH, FLORIDA "; ON THE SOUTH BY THE SOUTHERLY PLAT LIMITS OF SAID OF "NICHOLS FIRST ADDITION TO DELRAY BEACH, FLORIDA" AND CONTINUING ON THE SOUTHERLY PLAT LIMITS OF "NICHOLS SECOND ADDITION TO DELRAY BEACH, FLORIDA ", SAID LINE ALSO BEING THE NORTH LINE OF LOT 1 OF "CHRIST' MISSIONARY BAPTIST CHURCH PLAT ", ACCORDING TO THE PLAT THEREOF,' AS RECORDED IN PLAT BOOK 66, PAGE 43, OF SAID PUBLIC RECORDS; ON THE WEST BY THE EASTERLY BOUNDARY OF LOT 18 OF SAID "NICHOLS SECOND ADDITION TO DELRAY BEACH, FLORIDA ", AND BOUNDED ON THE NORTH BY THE EASTERLY EXTENSION OF THE NORTH LINE OF SAID LOT 18, "NICHOLS SECOND ADDITION TO DELRAY BEACH, FLORIDA" AND THE WESTERLY EXTENSION OF THE NORTH LINE OF SAID LOT 9, "NICHOLS FIRST ADDITION TO DELRAY BEACH, FLORIDA ", SAID LINE BEING THE SOUTH RIGHT —OF —WAY LINE OF S.W. 7TH STREET AS DEPICTED ON SAID PLATS. SAID LANDS SITUATE, LYING AND BEING IN DELRAY BEACH, PALM BEACH COUNTY, FLORIDA AND CONTAINING 7,294 SQUARE FEET, 0.1674' ACRES. 10 11 12 13 14 15 16 17 18 ° ICHO i SECO�D ADI'MON *0 DEL Y 9, H, FL, RIDA PIAT 800K 21, PAM 70 SURVEY AREA 10 PORTION OF SECTION 20 -46 -43 I 8 7 6 5 4 3 1 'NI HOLS IRST 1TIM 0 B K 29, PAGE LLL- PT -- L _ —_ —SW 7ih STREET -------------------------- 2 I 1 9 10 7# 11 12 13 14 15 t ....1.._.� ...... ......... k,. 1� i Agriculture and Consumer Services ( "DOACS ") Number 5.1-17 FOUND FO ° ICHO SEC D AD�TDO. 0 DE Y BEH�FI,QRIDA ND PLAT' NAIL - -PK NAIL - -_ 10 11 12 13 14 15 16 17 18 ° ICHO i SECO�D ADI'MON *0 DEL Y 9, H, FL, RIDA PIAT 800K 21, PAM 70 SURVEY AREA 10 PORTION OF SECTION 20 -46 -43 I 8 7 6 5 4 3 1 'NI HOLS IRST 1TIM 0 B K 29, PAGE LLL- PT -- L _ —_ —SW 7ih STREET -------------------------- 2 I 1 9 10 7# 11 12 13 14 15 t ....1.._.� ...... ......... k,. 1� i LOT "CHRIST MISSIONARY BAPTIST CHURCH PLAT PLAT BOOK 66, PACE 43 i - --- -- - - -- SW 8th STREET LOCATION SKETCH NOT TO SCALE PORTION OF ' SECTION 20 -46 -43 I NOTES: 1) THIS SITE LIES IN SECTION 20, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA. 2) THIS SURVEY IS CERTIFIED EXCLUSIVELY TO: CARL JAMES 3) THE HORIZONTAL POSITIONAL ACCURACY OF WELL DEFINED IMPROVEMENTS ON THIS SURVEY IS t0.2'. 4) THE PURPOSE OF THIS SURVEY IS TO SHOW IMPROVEMENTS IN THE RIGHT —OF —WAY TO BE VACATED. 5) BEARINGS ARE BASED ON THE CENTERLINE OF SW 2nd AVENUE, BEING NOO °04'17 "W. SHEET 1 OF 2 THIS DOCUMENT IS NEITHER FULL NOR COMPLETE WITHOUT SHEETS 1 AND 2 FILE: JAMES, CARL CERTIFICATION SCALE= 1 " =30' ®iA1NN L.S. technical standards set forth by the Florida Department of hereby certify. That this sketch of survey meets the mini]Florido Agriculture and Consumer Services ( "DOACS ") Number 5.1-17 ORDER NO.: 57504A administrative code, pursuant to Chapter 472.027, Florida st Not valid without the signature and the original raised seal SURVEY DATE: 4 17 f 14 florida licensed surveyor and mapperSW 2nd AVENUEDELRAY BEACH, FLORIDA oAOFIN F. PULICE, PROFESSIONAL SURVEYOR AND MAPPER LS2 BETH BURNS, PROFESSIONAL SURVEYOR AND MAPPER LS6136 FOR= CARL JAMES STATE OF FLORIDA BOUNDARY SURVEY BY PULICE LAND SURVEYORS, INC. 5381 NOB HILL ROAD SUNRISE, FLORIDA 33351 TELEPHONE: (954) 572-1777 - FAX: (954) 572-1778 E-MAIL: surveys0pulicelandsurveyors.com - CERTIFICATE OF AUTHORIZATION #LB387 17+ "NICHOLS SECOND ADDITION TO I (NICHOLS FIRST ADDITION TO DELRAY BEACH, FLORIDA" DELRAY BEACH, FLORIDA" PLAT BOOK 21, PAGE 70 PLAT BOOK 21, PAGE 69 LOT 1 LOT 8 ;Z:7RI RIGHT -OF -WAY LINE ------'GHT-OF-WAY LINE R=25.0' 0 C; A=89'31''25" OUND SW 7th 1319EET ? F?? -- A=39.06' SEWER MANHOLE 50' RIGHT -OF -WAY PAC 7 PLAT BOOK 'ET N87 70TE 100-00' , ��'x TE�. MAILBOX WOOD WATER SOUTH RIGHT-OF-WAY LINE OL SIGN 0 0 SOUTH RIGHT-OF-WAY LINE P F�K--POL�) 0 VALVE OHW oHW OHW OHW WATER LINE SIGN VAL Fl LOT 9 7\-NORTH LINE w HYDRANT LOT 18 z AIN LINK —,� FENCE .0 R=25.00' CA=9928'35' A=39.48' N'm 7_ m I z 0 Ld z LOT 9 LOT 18 z w CD > "NICHOLS SECOND ADDITION TOE o DELRAY BEACH, FLORIDA" o PLAT BOOK 21, PAGE 70 GATE-' � 0 b -a b "NICHOLS FIRST ADDITION TO 0 c 0 DELRAY BEACH, FLORIDA" Z HAINQ� LINK PLAT BOOK 21, PAGEI 69 FENCE ico SOUTH PLAT SOUTH PLA--_ LIMITS LIMITS _ �,� - - - - - 5 - t�UFNT -3-FASEUM7 - - - - 1 25.00' 25. 00' - PLAT K 21, GL_7-0 _ffaO :lEmlEINT --�\-NORTH LINE LOT 1 UNPLATTED PORTION OF - - - - - - - f,�±T 64L AjGE".LJ - - - - - - - - - - SECTION 20-46-43 S8926'50"W 050 LOT 1 "CHRIST MISSIONARY BAPTIST CHURCH PLAT" PLAT BOOK 66, PAGE 43 IBS I SHEET 2 OF 2 THIS DOCUMENT IS NEITHER FULL NOR COMPLETE WITHOUT SHEETS 1 AND 2 FILE: JAMES, CARL SCALE: 1 " =30' IDRAWN L.S. ORDER NO.- 57504A SURVEY DATE. 4/17/14 SW 2nd AVENUE DELRAY BEACH, FLORIDA FOR: CARL JAMES LEGEND: CONCRETE ASPHALT PAVEMENT ELEVATION Pc CENTERLINE EXHIBIT "B99 LEGAL DESCRIPTION: A PORTION OF THE RIGHT —OF —WAY FOR SW 2nd AVENUE AS DEDICATED BY "NICHOLS FIRST ADDITION TO DELRAY BEACH, FLORIDA ", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 21, PAGE 69, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA AND "NICHOLS SECOND ADDITION TO DELRAY BEACH, FLORIDA ", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 21, PAGE 70, OF SAID PUBLIC RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 18 OF SAID "NICHOLS SECOND ADDITION TO DELRAY BEACH, FLORIDA ", THENCE NORTH 00'04'17" WEST ALONG THE EAST LINE OF SAID LOT 18, ALSO BEING THE WEST RIGHT —OF —WAY LINE OF SW 2nd AVENUE FOR 5.00 FEET; THENCE NORTH 89"26'50" EAST 50.00 FEET TO A POINT ON THE WEST LINE OF LOT 9 OF SAID "NICHOLS FIRST ADDITION TO DELRAY BEACH, FLORIDA "; THENCE SOUTH 00'04'17" EAST ALONG SAID WEST LINE, ALSO BEING THE EAST RIGHT —OF —WAY LINE OF SW 2nd AVENUE FOR 5.00 FEET TO THE SOUTHWEST CORNER OF SAID LOT 9; THENCE SOUTH 89'26'50" WEST ALONG THE NORTH LINE OF LOT 1 OF "CHRIST MISSIONARY BAPTIST CHURCH PLAT ", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 66, PAGE 43, OF SAID PUBLIC RECORDS FOR 50.00 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE, LYING AND BEING IN DELRAY BEACH, PALM BEACH COUNTY, FLORIDA AND CONTAINING 250 SQUARE FEET. I wI I I ' g I FNAILO 8 i 7 6 5 4 i 3` WICHOLS SECO� D AD�fTiON 70 DELRAY BEACH, FLORIDA" FO ND t PLAT BOOK 1. PAGE 70 WZ 2 1 1 >I aI Ic. 1 8 7 6 5 4 1 3 2 I 1 "NICHOLS FIRST ADDITION ! TO 1 DELRAY BEACH, FLORIDA" PLAT BOOK 21, !PAGE 69 PKNAIL la c1 1 I 1 10 i 11 1 12 t 13 14 15 16 I 17 I 18 ;ECOND ADDITION TO BEACH, FLORIDA- KDK 21, PAGE 70 EASEMENT AREA PORTION OF SECTION 20 -46 -43 9 110 11 I 12 13 14 15 16 "NIt HOLS Fa1'RSf ATSDmOM�To ; LOT 1 "CHRIST MISSIONARY BAPTIST CHURCH PLAT" PLAT BOOK 66, PAGE 43 SW 8ih 9 a nEET I I e PORTION OF SECTION 20 -46 -43 B J LOCATION A NOTES: 1"=200' 1) BEARINGS ARE BASED ON THE CENTERLINE OF SW 2ND AVENUE BEING N00'04'17 "W. 2) THIS IS NOT A SKETCH OF SURVEY AND DOES NOT REPRESENT A FIELD SURVEY. 3) THIS SKETCH IS NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. FILE= JAMES, CARL SCALE: 1'200' 1 DRAWN: L.S. ORDER NO: 57504B DATE: 4/18/14 5' UTILITY EASEMENT DELRAY BEACH, PALM BEACH COUNTY, FLORIDA FOR: CARL JAMES SHEET 1 OF 2 THIS DOCUMENT IS NEITHER FULL NOR -° COMPLETE WITHOUT SHEETS 1 AND 2 ONAL SURVEYOR AND MAPPER LS2691 %L SURVEYOR AND MAPPER LS6136 mlqm SOUTH RIGHT -OF -WAY LIN NORTH LINE LOT 18 W 50' RIGHT -OF -WAY PLAT BOOK 21, PAGE 70 SW 7th STREET h 0 J } a 0 LOT 18 in J w FW- a W "NICHOLS SECOND ADDITION TO DELRAY BEACH, FLORIDA" PLAT BOOK 21, PAGE 70 POINT OF BEGINNING SE CORNER LOT 18 SOUTH \ LIMITS _ PLAT BOOK 21 PAGE 7G UNPLATTED PORTION OF SECTION 20 -46 -43 FILE= JAMES, CARL SCALE: 1 ° =50' 1 DRAWN: L.S. ORDER NO: 57504B rw RIGHT -OF -WAY LINE RTH LINE s I Z Q CW1 b Q 9 O., ~ry d ® uj 0 o i�- Om o O O„ 3 z N� �ry >�O Li O r 2 C7 � R O � RIGHT -OF -WAY LINE RTH LINE s �- LOT 9 b 7410 J O„ 3 �ry >�O Li O �m Ng 2 C7 � R O � I d° n RIGHT -OF -WAY LINE RTH LINE s �- LOT 9 O } a Z LOT 9 O m J K H W 3 "NICHOLS FIRST ADDITION TO DELRAY BEACH, FLOR DA" PLAT BOOK 21, PAGE 69 1 SHEET 2 OF 2 THIS DOCUMENT IS NEITHER FULL NOR COMPLETE WITHOUT SHEETS 1 AND 2 DATE= 4/18/14 LEGEND: 5' UTILITY EASEMENT q CENTERLINE DELRAY BEACH, PALM BEACH COUNTY, FLORIDA O.R.B. OFFICIAL RECORDS BOOK FOR= CARL JAMES -- DIGITAL BASE MAP SYSTEM -- MAP REF: S: \Planning &Zoning \DBMS \File— Cab \Z —LM 1001 - 1500 \LM1465_SW 2nd Avenue Right —Of —Way Abandonment > Q CITY OF DELRA Y BEACH PUBLIC WORKS COMPLEX w WA TER Q TREA TMEN T S.W. 6TH S T. PLANT 0 z SW 2ND AVENUE PLANNING AND ZONING DEPARTMENT PORTION OF RIGHT -OF -WAY ABANDONMENT N S. W. 7TH ST. z v� f2 CH/ST MISSONAF? Y BAPTIST CHURCH S. W. 8TH ST. w cn 0 z N U� S. W. 8TH COURT -- DIGITAL BASE MAP SYSTEM -- MAP REF: S: \Planning &Zoning \DBMS \File— Cab \Z —LM 1001 - 1500 \LM1465_SW 2nd Avenue Right —Of —Way Abandonment N RIGHT —OF —WAY ABANDONMENT SW 2ND AVENUE PLANNING AND ZONING DEPARTMENT PORTION OF RIGHT -OF -WAY ABANDONMENT -- DIGITAL BASE MAP SYSTEM -- MAP REF: S: \Planning &Zoning \DBMS \File— Cab \Z —LM 1001 - 1500 \LM1465_SW 2nd Avenue Right —Of —Way Abandonment A t . �. M F� a�E puZ MS w f k do i 'I t yk V � - vi U t CC �40� N K 1 r _ r •. ' t d7 Mir, - AiiA r 4 4a � .� • -.�Y• ry M1 b M � M ❑ 6 � J M1 rn M1 M 00 Q in b N �. ❑ LL Q O V p M fr'f 6'f H ro ❑❑ rs H a` o❑ o p ' iE _❑ Q Vt W ++ O O O N N ❑ a laaJ ca ❑ = yQj v V Q M1 ❑ L k W ❑ N b m N N N Z n'1 6 T in ❑ 07 N O Y M L N td CU G .4 3 7 �¢� 0 0 3 w [C «v v v 01ttl M N o il+m o n N CL 7 7 7 7 ° m �e �e a W a C. N z❑ N ❑M o a E L � � fY fY O �� ttl � td Cl E LL I`yN'1 ILyNI � N qj !f1 W Q 0 R N v1 7 U 4 W T2 F ❑ ty — ~ LL Ln E a -Lt!V I � im-1 �. x M, lm j AA 4w E ill LZ EXHIBIT "A" SPECIFIC PUROSE SURVEY BY PULI E LAND SURVEYORS, . + 5381 NOB HILL ROAD SUNRISE, FLORIDA 33351 TELEPHONE: (954) 572 -1777 " FAX: (954) 572 -1778 E -MAIL: surveys0pulicelandsurveyors.com • CERTIFICATE OF AUTHORIZATION #LB387 LEGAL DESCRIPTION: A PORTION OF THE RIGHT —OF —WAY FOR S.W. 2ND AVENUE AS DEDICATED BY "NICHOLS FIRST ADDITION TO DELRAY BEACH, FLORIDA ", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 21, PAGE 69, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA AND "NICHOLS SECOND ADDITION TO DELRAY BEACH, FLORIDA ", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 21, PAGE 70, OF SAID PUBLIC RECORDS BOUND AS FOLLOWS: ON THE EAST BY THE WESTERLY BOUNDARY OF LOT 9 OF SAID "NICHOLS FIRST ADDITION TO DELRAY BEACH, FLORIDA "; ON THE SOUTH BY THE SOUTHERLY PLAT LIMITS OF SAID OF "NICHOLS FIRST ADDITION TO DELRAY BEACH, 'FLORIDA" AND CONTINUING ON THE SOUTHERLY PLAT LIMITS OF "NICHOLS SECOND ADDITION TO DELRAY BEACH, FLORIDA ", SAID LINE ALSO BEING THE NORTH LINE OF LOT 1 OF "CHRIST'' MISSIONARY BAPTIST CHURCH PLAT ", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 66, PAGE 43, OF SAID PUBLIC RECORDS; ON THE WEST BY THE EASTERLY BOUNDARY OF LOT 18 OF SAID "NICHOLS SECOND ADDITION TO DELRAY BEACH, FLORIDA ", AND BOUNDED ON THE NORTH BY THE EASTERLY EXTENSION OF THE NORTH LINE OF SAID LOT 18, "NICHOLS SECOND ADDITION TO DELRAY BEACH, FLORIDA" AND THE WESTERLY' EXTENSION OF THE NORTH LINE OF SAID LOT 9, "NICHOLS FIRST ADDITION TO DELRAY BEACH, FLORIDA ", SAID LINE BEING THE SOUTH RIGHT —OF —WAY LINE OF S.W. 7TH STREET AS''DEPICTED ON SAID PLATS. SAID LANDS SITUATE, LYING AND BEING IN DELRAY BEACH, PALM BEACH COUNTY, FLORIDA AND CONTAINING 7,294 SQUARE FEET, 0.1674', ACRES. 9 I g l 7 6 5 4 3 2 1 1 1SI 8 7 } 6 5 4 3 2 1 IQ� ' ' 17jI "NI HOLs FIRST DIT10 ` (( I'C'20?� SECv`ry 'D ADQTIIOt� 0 pl LRAY BEAGH ORI 1UN, FO NO LgY BFA�I�PAF+tI O I d -- P T B K 29. PAGE - - --?-- --1 1.01E PK NAIL KJR �N; __L_ _—J-__ _ _ _ _ _tn>�_ SW 7th 8TREEf _ -___- -__ 10 11� 12 T13 �14 I 15 16 11 18 9 1D 1 7 j ^�3 .�^,Tn, n 1� i SURVEY AREA IF LOT 1 PORTION OF "CHRIST MISSIONARY PORTION OF SECTION 20 -46 -43 PLAT BOOKH66. PAPS SECTION 20 -46 -43 i , �_- - --- --- -- -__ —_ — '-- ---' --- --- -- -'-_� 3W 8th STREET LOCATION SKETCH NOT TO SCALE NOTES: 1) THIS SITE LIES IN SECTION 20, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA. 2) THIS SURVEY IS CERTIFIED EXCLUSIVELY TO: CARL JAMES 3) THE HORIZONTAL POSITIONAL ACCURACY OF WELL DEFINED IMPROVEMENTS ON THIS SURVEY IS f0.2'. 4) THE PURPOSE OF THIS SURVEY IS TO SHOW IMPROVEMENTS IN THE RIGHT —OF —WAY TO BE VACATED. 5) BEARINGS ARE BASED ON THE CENTERLINE OF SW 2nd AVENUE, BEING N00 °0417 "W. SHEET 1 OF 2 THIS DOCUMENT IS NEITHER FULL NOR COMPLETE WITHOUT SHEETS 1 AND 2 FILE. JAMES, CARL CERTIFICATION SCALE= 1 " =30' DRAWN L.S. technical certify. That this sketch of survey meets the minimum technical standards set forth: by the Florida Department of Agriculture and Consumer Services ( "DOACS ") Number 5J -17, Florida ORDER NO: 57504A administrotive code, pursuani to Chapter 472.027, Floride statutes. Not valid without the signature and the original raised seal of a SURVEY DATE: 4/17/14 florlda licensed surveyor and mapper. SW 2nd AVENUE I� DELRAY BEACH, FLORIDA oAOHN F. PULICE, PROFESSIONAL SURVEYOR AND MAPPER LS2691 BETH BURNS, PROFESSIONAL SURVEYOR AND MAPPER LS6136 FOR: CARL JAMES STATE OF FLORIDA BOUNDARY SURVEY BY PULICE LAND SURVEYORS, INC. EE 5381 NOB HILL ROAD SUNRISE, FLORIDA 33351 TELEPHONE: (954) 572 -1777 • FAX: (954) 572 -1778 -MAIL: surveys®pulicelandsurveyors.com + CERTIFICATE OF AUTHORIZATION #LB387 I I I I "NICHOLS SECOND ADDITION TO I "NICHOLS FIRST ADDITION TO DELRAY BEACH, FLORIDA" DELRAY BEACH, FLORIDA" N PLAT BOOK 21, PAGE 70 PLAT BOOK 21, PAGE 69 LOT 1 LOT 8 —� — RIGHT -OF -WAY LINE RIGHT -OF -WAY LINE R=25.00' 7 T CA =89 °31'25" — SW A h rC 1 FOUND A_39.06' — — 11 RIGHT -OF -WAY CG SEWER MANHOLE PLAT BOOK 21. PAGE 79 N89 7'07 "E 100.00' MAILBOX WOOD WATER SOUTH RIGHT -OF -WAY LINE ft SOUTH RIGHT -OF -WAY LINE P POLEOH SIGN 0 VALVE HW" OHW �-- OHW OHW — OHW WATER SIGN I NORTH LINE _ T I — VAL NORTH LINE ,.w' HYDRANT LOT 9 LOT 18 R- 25.00' �. • I CHAT FENCE �.' n • •: CA= 9928'35' A= 39.48' w . 0o z'.a N•7 cO..J.. F 3Q ' Z LOT 9 LOT 18 m T I� 04 a Ld o � ?j7 IN I r m L 2k o W �o W W FAA J �� d- hm U FA W 1 ` ¢ O D > "NICHOLS SECOND ADDITION TO it o � d DELRAY BEACH, FLORIDA" ® q �8 z PLAT BOOK 21, PAGE 70 9.., Ns -a GATE b "NICHOLS FIRST ADDITION TO VO a C O DELRAY BEACH, FLORIDA" Z PLAT BOOK 21, PAGE 69 HAIN LINK FENCE IU) SOUTH PLAT SOUTH PLA I LIMITS LIMITS — — - - PLAT BOOK 2iPAC£ �o 25.00' 25.00 PrAT BOO�.2 _L PAW-A9 I — 6 L EASEMENT -NORTH LINE LOT 1 _ _ _ — — PLAT BOOK 66, PAGE A3 _ _ _ UNPLATTED PORTION OF I— — — — — — — — — — — SECTION 20 -46 -43 w� I S89°26'50 "W a I 050.00' �e LOT 1 joo I "CHRIST MISSIONARY BAPTIST CHURCH PLAT" �gz I PLAT BOOK 66, PAGE 43 SHEET 2 OF 2 THIS DOCUMENT IS NEITHER FULL NOR COMPLETE WITHOUT SHEETS 1 AND 2 FILE- JAMES, CARL SCALE: 1 "= 30' 1 DRAWN: L. S. ORDER NO: 57504A LEGEND: �i CONCRETE SURVEY DATE: 4/17/14 ASPHALT PAVEMENT SW 2nd AVENUE ELEVATION CENTERLINE DELRAY BEACH, FLORIDA FOR: CARL JAMES PLANNING AND ZONING BOARD CITY OF DELRAY BEACH MEETING DATE: May 19, 2014 ITEM: V.A. GENERAL DATA: - -- STAFF REPORT - -- Abandonment of a portion of SW 2nd Avenue road right -of -way that was dedicated by the plats of Nichols First Addition to Delray Beach, Florida (PB 21, Page 69) and Nichols Second Additional to Delray Beach, Florida (PB 21, Page 70), which were recorded on March 5, 1947. The area to be abandoned is 50 feet wide by approximately 141 feet deep. Applicant ...... ............................... Beverley Forbes Property Owners Adjacent to Beverley Forbes (West) road Being Abandoned ............. Alcadio Rincon (East) Agent ........... ............................... Carl James Location ....... ............................... SW 2nd Avenue, south of SW 7th Street. Property Size .............................. 0.1674 acres (7,294 sq. ft.) Future Land Use Map ................. LD (Low Density 0 -5 du /acre) Current Zoning ............................ R -1 -A (Single Family Residential) Adjacent Zoning ................North: CF (Community Facilities) East: R -1 -A (Single Family Residential) South: CF (Community Facilities) West: R -1 -A (Single Family Residential) Existing Land Use ...................... Unimproved road right -of -way Proposed Land Use .................... Abandoned area will be incorporated within adjacent single family lots. oil IlIIN ■ b ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission on the proposed abandonment of a portion of the SW 2nd Avenue road right -of -way located south of SW 7th Street. This right -of -way abandonment is being processed pursuant to LDR Section 2.4.6(M), Abandonment of Rights -of -Way. BACKGROUND This portion of the SW 2nd Avenue road right -of -way was dedicated by the plats of Nichols First Addition to Delray Beach, Florida (PB 21, Page 69) and Nichols Second Addition to Delray Beach, Florida (PB 21, Page 70), which were recorded on March 5, 1947. The area to be abandoned is 50 feet wide by approximately 141 feet deep. While the right -of -way contains existing utilities, it is unpaved, so it does not provide access to the adjacent properties. To accommodate existing utilities in the right -of -way, a general utility easement will be retained over the southern 5' of the abandonment area and a utility easement will be dedicated to the City by a separate Easement Deed to accommodate an existing water main located on the western side of the right -of -way. ABANDONMENT ANALYSIS Pursuant to LDR Section 2.4.6(M)(1), public right -of -way may be abandoned (returned) to the fee description of adjacent property to the same degree in which it was originally obtained (i.e. property dedicated exclusively from a single parcel shall be returned to that parcel; property dedicated through subdivision shall be divided at the center line and returned equally to abutting parcels.) As previously stated, the subject road right -of way was dedicated by two plats with the dividing line located at the centerline of the right -of -way. The owners of the adjacent properties (Lot 9, Nichols First Addition to Delray Beach, Florida and Lot 18, Nichols Second Addition to Delray Beach, Florida are each entitled to 25 feet of the abandoned area. The City's Environmental Services Department (ESD) has reviewed the request and has no issues with the abandonment provided utility easements are retained or dedicated to accommodate existing utilities. A utility easement will be dedicated by Easement Deed to accommodate an existing water main located on the western side of the road right -of -way. The utility companies, Florida Public Utilities, AT &T, Comcast and FP &L, have been notified and have no objection to the abandonment provided an easement is retained over the southern five feet of the abandonment area. With this easement, the provision of utilities will not be affected. REQUIRED FINDINGS Pursuant to LDR Section 2.4.6(M)(5), prior to any right -of -way abandonment being approved, the following findings must be made: A) That there is not, nor will there be a need for the use of the right -of -way for any public purpose. The unimproved road right -of -way does not provide access to the adjacent properties east and west of the abandonment area which front directly on SW 7th Street. Likewise, Christ Missionary Baptist Church, located immediately south of the abandonment area, takes access Planning and Zoning Board Meeting of May 19, 2014 Abandonment of a Portion of the SW 2nd Avenue Road Right -of -Way Page 2 from SW 8th Street and does not need the proposed abandonment area for access. Since existing utilities will be accommodated in the retained or replacement easements, there will be no further public purpose for the existing right -of -way. Therefore, a positive finding can be made. B) That the abandonment does not, nor will not, prevent access to a lot of record. As stated above, the unimproved road right -of -way does not provide access to the adjacent properties which front directly on SW 7th Street or SW 8th Street. Therefore, a positive finding can be made. C) That the abandonment will not result in detriment to the provision of access and /or utility services to adjacent properties or the general area. The existing road right -of -way is unpaved and does not provide access to the adjacent properties. Existing utilities will be accommodated in the retained or replacement easements. Therefore, the abandonment will not result in detriment to the provision of access or utility services to adjacent properties of the general area, and a positive finding can be made. REVIEW BY OTHERS Courtesy Notices: Courtesy notices have been provided to the following groups and neighborhood associations: Delray Citizen's Coalition Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property and notice was published in a local newspaper on May 8, 2014. The Planning Department has not received any letters of opposition to the abandonment. Future letters of objection or support, if any, will be provided at the Planning and Zoning Board meeting. ASSESSMENT The existing unpaved road right -of -way does not provide access to the adjacent properties. A general utility easement will be retained over the southern 5 foot portion of the abandonment area to accommodate existing utilities and a new utility easement will be established to accommodate an existing water line. Based on these factors, there is no further public purpose for the existing right -of -way. Therefore, a positive finding can be made with respect to LDR Section 2.4.6(M)(5) and the request can be supported. ALTERNATIVE ACTIONS 1. Continue with direction. 2. Move a recommendation of approval of the request for the abandonment of a portion of the road right -of -way for SW 2nd Avenue located south of SW 7th Avenue, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.6(M)(5) of the Land Development Regulations. Planning and Zoning Board Meeting of May 19, 2014 Abandonment of a Portion of the SW 2nd Avenue Road Right -of -Way Page 3 3. Move a recommendation of denial of the request for the abandonment of a portion of the road right -of -way for SW 2nd Avenue located south of SW 7th Avenue, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is not consistent with the Comprehensive Plan and that the required findings of LDR Section 2.4.6(M)(5) cannot be made. RECOMMENDED ACTION Move a recommendation of approval of the request for the abandonment of a portion of the road right -of -way for SW 2nd Avenue located south of SW 7th Avenue, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.6(M)(5) of the Land Development Regulations. Attachments: Location Map Aerial Photo Street View Photo Proposed Resolution No. 25 -14 Sketch and Legal Description of Abandonment Area Nichols First Addition to Delray Beach, Florida Plat Nichols Second Addition to Delray Beach, Florida Plat -- DIGITAL BASE MAP SYSTEM -- MAP REF: S: \Planning &Zoning \DBMS \File— Cab \Z —LM 1001 - 1500 \LM1465_SW 2nd Avenue Right —Of —Way Abandonment > Q CITY OF DELRA Y BEACH PUBLIC WORKS COMPLEX w WA TER Q TREA TMEN T S.W. 6TH S T. PLANT 0 z SW 2ND AVENUE PLANNING AND ZONING DEPARTMENT PORTION OF RIGHT -OF -WAY ABANDONMENT N S. W. 7TH ST. z v� f2 CH/ST MISSONAF? Y BAPTIST CHURCH S. W. 8TH ST. w cn 0 z N U� S. W. 8TH COURT -- DIGITAL BASE MAP SYSTEM -- MAP REF: S: \Planning &Zoning \DBMS \File— Cab \Z —LM 1001 - 1500 \LM1465_SW 2nd Avenue Right —Of —Way Abandonment N RIGHT —OF —WAY ABANDONMENT SW 2ND AVENUE PLANNING AND ZONING DEPARTMENT PORTION OF RIGHT -OF -WAY ABANDONMENT -- DIGITAL BASE MAP SYSTEM -- MAP REF: S: \Planning &Zoning \DBMS \File— Cab \Z —LM 1001 - 1500 \LM1465_SW 2nd Avenue Right —Of —Way Abandonment A t . �. M F� a�E puZ MS w f k do i 'I t yk V � - vi U t CC �40� N K 1 r _ r •. ' t d7 Mir, - AiiA r 4 4a � .� • -.�Y• ry M1 b M � M ❑ 6 � J M1 rn M1 M 00 Q in b N �. ❑ LL Q O V p M fr'f 6'f H ro ❑❑ rs H a` o❑ o p ' iE _❑ Q Vt W ++ O O O N N ❑ a laaJ ca ❑ = yQj v V Q M1 ❑ L k W ❑ N b m N N N Z n'1 6 T in ❑ 07 N O Y M L N td CU G .4 3 7 �¢� 0 0 3 w [C «v v v 01ttl M N o il+m o n N CL 7 7 7 7 ° m �e �e a W a C. N z❑ N ❑M o a E L � � fY fY O �� ttl � td Cl E LL I`yN'1 ILyNI � N qj !f1 W Q 0 R N v1 7 U 4 W T2 F ❑ ty — ~ LL Ln E a -Lt!V I � im-1 �. x M, lm j AA 4w E ill LZ RESOLUTION NO. 25 -14 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A PORTION OF THE SW 2ND AVENUE ROAD RIGHT -OF -WAY, AS MORE PARTICULARLY DESCRIBED HEREIN, BUT RESERVING AND RETAINING TO THE CITY A GENERAL UTILITY EASEMENT FOR PUBLIC AND PRIVATE UTILITIES OVER A PORTION OF THE ABANDONMENT AREA, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING A REVERTER CLAUSE AND AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach, Florida received an application for the abandonment of a portion of the existing 50' road right -of -way for SW 2nd Avenue as set forth on the plats for Nichols First Addition to Delray Beach, Florida (PB 21, Page 69) and Nichols Second Addition to Delray Beach, Florida (PB 21, Page 70), being more fully described in the sketch and legal description attached hereto as Exhibit "A "; and WHEREAS, the application for abandonment of said road right -of -way was processed pursuant to Section 2.4.6(M), "Abandonment of Rights -of- Way ", of the Land Development Regulations of the City of Delray Beach, Florida; and WHEREAS, pursuant to LDR Section 2.4.6 (M) (3) (e), the Planning and Zoning Board, as Local Planning Agency, formally reviewed the matter at a public hearing on May 19, 2014, and voted _ to _ to recommend approval of the abandonment, based upon positive findings with respect to LDR Section 2.4.6(M)(5), subject to the condition that a general utility easement be retained over the southern 5 feet of the abandonment area; and a utility easement be dedicated by separate instrument over an existing water line located on the western side of the road right -of -way. WHEREAS, pursuant to LDR Section 2.4.6(M), the application was forwarded to the City Commission with the recommendation that the abandonment be approved, based upon positive findings; and WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that it to be in the best interest of the City of Delray Beach to vacate and abandon said road right of way, based upon positive findings pursuant to LDR Section 2.4.6(M)(5), but does not abandon and retains and reserves unto itself a general utility easement over the southern 5 feet of the abandonment area for the purpose of emergency access and constructing and /or maintaining, either over or under the surface, poles, wires, pipes, sewers, drainage facilities, or any other facilities used for various public utilities whether owned by the City or private corporations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA: Section 1. That the foregoing recitals are hereby incorporated herein by this reference. Section 2. That pursuant to Chapter 177.101(5) and Chapter 166 of the Florida Statutes, it is hereby determined by the City of Delray Beach Commission to vacate and abandon all rights and interests it holds to the real property described in Exhibit "A" except as provided for in Section 3 of this Resolution. Section 3. The City of Delray Beach Commission does not abandon and retains and reserves unto itself a general utility easement for the purpose of emergency access and constructing and /or maintaining, either over or under the surface, poles, wires, pipes, sewers, drainage facilities, or any other facilities used for various public utilities whether owned by the City or private corporations, over the southern 5 feet of the abandonment area, more particularly described in Exhibit "B ". Section 4. The abandonment shall not be effective until both this Resolution and a Utility Easement Deed over the existing water line have been recorded in the Public Records of Palm Beach County, Florida. PASSED AND ADOPTED in regular session on this the day of 2014. ATTEST: CITY CLERK MAYOR 2 RES. NO. 25 -14 SPECIFIC PUROSE SURVEY BY PULICE LAND SURVEYORS, INC. 5381 NOB HILL ROAD SUNRISE, FLORIDA 33351 TELEPHONE: (954) 572 -1777 • FAX: (954) 572 -1778 E —MAIL: surveys®pulicelandsurveyors.com • CERTIFICATE OF AUTHORIZATION #L6387 LEGAL DESCRIPTION: A PORTION OF THE RIGHT —OF —WAY FOR S.W. 2ND AVENUE AS DEDICATED BY "NICHOLS FIRST ADDITION TO DELRAY BEACH, FLORIDA', ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 21, PAGE 69, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA AND "NICHOLS SECOND ADDITION TO DELRAY BEACH, FLORIDA ", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 21, PAGE 70, OF SAID PUBLIC RECORDS BOUND AS FOLLOWS: ON THE EAST BY THE WESTERLY BOUNDARY OF LOT 9 OF SAID "NICHOLS FIRST ADDITION TO DELRAY BEACH, FLORIDA "; ON THE 'SOUTH BY THE SOUTHERLY PLAT LIMITS OF SAID OF "NICHOLS FIRST ADDITION TO DELRAY BEACH, 'FLORIDA" AND CONTINUING ON THE SOUTHERLY PLAT LIMITS OF "NICHOLS SECOND ADDITION TO DELRAY BEACH, FLORIDA ", SAID LINE ALSO BEING THE NORTH LINE OF LOT 1 OF "CHRIST' MISSIONARY BAPTIST CHURCH PLAT ", ACCORDING TO THE PLAT THEREOF,' AS RECORDED IN PLAT BOOK 66, PAGE 43, OF SAID PUBLIC RECORDS; ON THE WEST BY THE EASTERLY BOUNDARY OF LOT 18 OF SAID "NICHOLS SECOND ADDITION TO DELRAY BEACH, FLORIDA ", AND BOUNDED ON THE NORTH BY THE EASTERLY EXTENSION OF THE NORTH LINE OF SAID LOT 18, "NICHOLS SECOND ADDITION TO DELRAY BEACH, FLORIDA" AND THE WESTERLY EXTENSION OF THE NORTH LINE OF SAID LOT 9, "NICHOLS FIRST ADDITION TO DELRAY BEACH, FLORIDA ", SAID LINE BEING THE SOUTH RIGHT —OF —WAY LINE OF S.W, 7TH STREET AS DEPICTED ON SAID PLATS. SAID LANDS SITUATE, LYING AND BEING IN DELRAY BEACH, PALM BEACH COUNTY, FLORIDA AND CONTAINING 7,294 SQUARE FEET, 0.1674 ACRES. 10 i ' 86,,.,.., 5 4 3 2 1 , - NICHOLS rIRST A DfliON JO 1 D LRAY ACH, ORID P T B K 21, PAGE ___- __-- - - - 93 94 15 96 V 18 I 9 10 1f I 1CH0 SECO D AD I O N. 0 I � •NU � PLAT BOOK 1� P E 70 �..1 p SURVEY AREA LOT 1 PORTION OF agTST CHURCH PLAT' SECTION 20 -46 -43 PLAT BOOK 66, PAGE 43 — ----- --- SW Bth STREET LOCATION SKETCH NOT TO SCALE 12 I 13 1 14 1 15 1 16 PORTION OF SECTION 20 -46 -43 NOTES: 1) THIS SITE LIES IN SECTION 20, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA. 2) THIS SURVEY IS CERTIFIED EXCLUSIVELY TO: CARL JAMES 3) THE HORIZONTAL POSITIONAL ACCURACY OF WELL DEFINED IMPROVEMENTS ON THIS SURVEY IS ±0.2', 4) THE PURPOSE OF THIS SURVEY IS TO SHOW IMPROVEMENTS IN THE RIGHT —OF —WAY TO BE VACATED. 5) BEARINGS ARE BASED ON THE CENTERLINE OF SW 2nd AVENUE, BEING N00'04'17 "W. SHEET 1 OF 2 THIS DOCUMENT IS NEITHER FULL NOR COMPLETE WITHOUT SHEETS 1 AND 2 FILE. JAMES, CARL CERTIFICATION SCALE= 1 " =30' DRAWN L.S. I hereby certify. That this sketch of survey meets the minimum technical standards set forth by the Florida Department of —z g g 7 5 5 4 3 2 1 id 1 1 FOUND �dOHN F. PULICE. PROFESSIONAL SURVEYOR AND MAPPER LS2691 '1 ND ICHO pL4T SEC BOOK0t?�PAOE D ADQpfT101� 0 0 Y NAIL - -FO PK NAIL LL - - -� 10 i ' 86,,.,.., 5 4 3 2 1 , - NICHOLS rIRST A DfliON JO 1 D LRAY ACH, ORID P T B K 21, PAGE ___- __-- - - - 93 94 15 96 V 18 I 9 10 1f I 1CH0 SECO D AD I O N. 0 I � •NU � PLAT BOOK 1� P E 70 �..1 p SURVEY AREA LOT 1 PORTION OF agTST CHURCH PLAT' SECTION 20 -46 -43 PLAT BOOK 66, PAGE 43 — ----- --- SW Bth STREET LOCATION SKETCH NOT TO SCALE 12 I 13 1 14 1 15 1 16 PORTION OF SECTION 20 -46 -43 NOTES: 1) THIS SITE LIES IN SECTION 20, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA. 2) THIS SURVEY IS CERTIFIED EXCLUSIVELY TO: CARL JAMES 3) THE HORIZONTAL POSITIONAL ACCURACY OF WELL DEFINED IMPROVEMENTS ON THIS SURVEY IS ±0.2', 4) THE PURPOSE OF THIS SURVEY IS TO SHOW IMPROVEMENTS IN THE RIGHT —OF —WAY TO BE VACATED. 5) BEARINGS ARE BASED ON THE CENTERLINE OF SW 2nd AVENUE, BEING N00'04'17 "W. SHEET 1 OF 2 THIS DOCUMENT IS NEITHER FULL NOR COMPLETE WITHOUT SHEETS 1 AND 2 FILE. JAMES, CARL CERTIFICATION SCALE= 1 " =30' DRAWN L.S. I hereby certify. That this sketch of survey meets the minimum technical standards set forth by the Florida Department of Agriculture and Consumer Services ( "DOACS ") Number 5J -17, Florida ORDER NO: 57504A administrative code, pursuant to Chapter 472.027, Florida statutes. Not valid without the signature and the original raised seal of a SURVEY DATE: 4/17/14 florido licensed surveyor and mapper. SW 2nd AVENUE ��L, DELRAY BEACH, FLORIDA �dOHN F. PULICE. PROFESSIONAL SURVEYOR AND MAPPER LS2691 BETH BURNS, PROFESSIONAL SURVEYOR AND MAPPER LS6136 FOR-- CARL JAMES STATE OF FLORIDA BOUNDARY BY SURVEY PULICE LAND SURVEYORS, INC. n �I 5361 NOB HILL ROAD SUNRISE, FLORIDA 33351 ti 4PL�o TELEPHONE' (954) 572 -1777 • FAX: (954) 572- 1778 E -MAIL: surveysC�pulicelandsurveyors .com CERTIFICATE OF AUTHORIZATION #L6387 V 1 I I I "NICHOLS SECOND ADDITION TO I "NICHOLS FIRST ADDITION TO DELRAY BEACH, FLORIDA" DELRAY BEACH, FLORIDA" N PLAT BOOK 21, PAGE 70 PLAT BOOK 21, PAGE 69 LOT 1 LOT 8 / I \ RIGHT -OF -WAY LINE ^ RIGHT -OF -WAY LINE 'y R=25,00' j1111 C A=89P31'25n SW 7 #h S EET ? "D A= 39.06' 50' RIGHT -OF -WAY SEWER PLAT BOOK Z. PAGE 7 MANHOLE N8 707"E 100.00' �#AAILBOX 0 D ATER SOUTH RIGHT -OF -WAY LINE SOUTH RIGHT -•OF -WAY LINE P R POL SIGN1 „�(ALVE 4 Hw, A msµ, j---- OHW OHW � OHW '— -��v — _ T�\ — — - WATER SIGN NORTH LINE `NORTH LINE HYDRANT '•” <�•,' , `i, LOT 9 LOT IS 4, .. R- 25.00, CHAIN FENCE : a' CA= 90°28'35" A= 39.48, 9 °T W N LOT 18 m �Oj' W 34 a °�zo LOT 9 o �I� b,,• 3 T- m q� N T til I�i CZi O w A� WE 3C�5 w >4 r "NICHOLS SECOND ADDITION Q , TO LL i" O Q b DELRAY BEACH, FLORIDA O g q z O I PLAT BOOK 21, PAGE 70 = Nk 1.7�i GATE "NICHOLS FIRST ADDITION TO O I VC DELRAY BEACH, FLORIDA" Z I N CIJ PLAT BOOK 21, PAGE 69 fff FENCE LINK E IVJ 3 SOUTH PLAT SOUTH PLA LIMITS LIMITS _ — — — USE - - - 25.00' -- - - 25.00' P/d£ BDGK2t PL76H� PL47�K 2- -PAGE 70 �-� -NORTH L INE LOT 1 UNPLATfED PORTION OF I- - - - -' S89�26'50„W ------ - - - SECTION 20 -46 -43 I 5 ®. ® ®, v I LOT 1 IZ i "CHRIST MISSIONARY BAPTIST CHURCH PLAT" PLAT BOOK 66, PAGE 43 SHEET 2 OF 2 THIS DOCUMENT IS NEITHER FULL NOR COMPLETE WITHOUT SHEETS 1 AND 2 FILE- JAMES, CARL SCALE. 1.=,30' DRAWN L.S. ORDER NO.-- 57504A LEGEND: -•a. CONCRETE SURVEY DATE. 4/17/14 ASPHALT PAVEMENT SW 2nd AVENUE ELEVATION �c CENTERLINE DELRAY BEACH, FLORIDA FOR: CARL JAMES EXHIBIT "B" SKETCH AND LEGAL DESCRIPTION BY POLICE LANDN�SURVVEEYORS, INC. �$ PI.S HILL ROAD SUNRISE, FLORIDA 33351 TELEPHONE: (954) 572 -1777 • FAX: (954) 572 -1778 E —MAIL: surveys®pullcelondsurveyors.com CERTIFICATE OF AUTHORIZATION LB #3870 LEGAL DESCRIPTION: A PORTION OF THE RIGHT —OF —WAY FOR SW 2nd AVENUE AS DEDICATED BY "NICHOLS FIRST ADDITION TO DELRAY BEACH, FLORIDA ", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 21, PAGE 69, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA AND "NICHOLS SECOND ADDITION TO DELRAY BEACH, FLORIDA ", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 21, PAGE 70, OF SAID PUBLIC RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 18 OF SAID "NICHOLS SECOND ADDITION TO DELRAY BEACH, FLORIDA ", THENCE NORTH 00'04'17" WEST ALONG THE EAST LINE OF SAID LOT 18, ALSO BEING THE WEST RIGHT —OF —WAY LINE OF SW 2nd AVENUE FOR 5.00 FEET; THENCE NORTH 8926'50" EAST 50.00 FEET TO A POINT ON THE WEST LINE OF LOT 9 OF SAID "NICHOLS FIRST ADDITION TO DELRAY BEACH, FLORIDA'; THENCE SOUTH 00'04'17" EAST ALONG SAID WEST LINE, ALSO BEING THE EAST RIGHT —OF —WAY LINE OF SW 2nd AVENUE FOR 5.00 FEET TO THE SOUTHWEST CORNER OF SAID LOT 9; THENCE SOUTH 89'26'50" WEST ALONG THE NORTH LINE OF LOT 3 OF "CHRIST MISSIONARY BAPTIST CHURCH PLAT ", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 66, PAGE 43, OF SAID PUBLIC RECORDS FOR 50.00 FEET TO THE POINT OF BEGINNING_ SAID LANDS SITUATE, LYING AND BEING IN DELRAY BEACH, PALM BEACH COUNTY, FLORIDA AND CONTAINING 250 SQUARE FEET_ �Zi I� j ' g$ 7 6 5 4[ 3 8 7 6 5 4 3 2 f 1 'NICHOLS FIRST ADDMON';TO i hIICHOlS SECO�EHO A417RIDA� O ' -0 pELRAY BEACH, FLORIDA" 'JOUND;I FO�1ND p{j BOOK 21. 4GE 70 ivy PEAT BOOK 21.:PAGE E 9 PK NAIL L_ - -� -- --------- ---- -- I ------ �___� —_ —._ OD� SW 7th 3TIaEEI ---------- '----- _.- '-- ------ -- _Y..- _.- --'-- -- -- I - --- -- --� --- -- - __-, z 10 11 12 ; 13 34 15 16 17 : 18 9 10 11 1 12 13 ', 14 15 16 'I+lICHOLS SECOND ADDMOtt TO 'N12HOLS FIRST ADDITION 10 ' z, DELRAY BEACH, FLpRIDA D T{ Y 16EACH. FLORIDA- PLAT BOOK 21, PAGE 70 PLAT BOOK 21. PAGE b9 O { i EASEMENT AREA PORTION OF sECTiON 20 -46 -43 'CHRIST MISSIONARY BAPTIST CHURCH PLAT' PLAT BOOK 66. PAGE 43 Svi8th STREET PORTION OF j SECTION 20 -46 -43 1 i LOCATION MAP NOTES: 1" =200' 1) BEARINGS ARE BASED ON THE CENTERLINE OF SW 2ND AVENUE BEING N00'04'17 "W. 2) THIS IS NOT A SKETCH OF SURVEY AND DOES NOT REPRESENT A FIELD SURVEY. 3) THIS SKETCH IS NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. FILE: JAMES, CARL SCALE- 1'200' 1 DRAWN. L.S. ORDER NO: 57504B DATE: 4/18/14 5' UTILITY EASEMENT DELRAY MACH, PALM BEACH COUNTY, FLORIDA FOR: CARL JAMES SHEET 1 OF 2 THIS DOCUMENT IS NEITHER FULL NOR !) COMPLETE WITHOUT SHEETS 1 AND 2 JOHN F. P ICfi'RtFE5SIONAL SURVEYOR AND MAPPER LS2691 C3 BETH B S, ROFESSIONAL SURVEYOR AND MAPPER LS6136 STATE F FLORIDA SKETCH AND LEGAL DESCRIPTION BY POLICE LAN'DNOSURVoEEYORS, INC. + PLS 5WB HILL SUNRISE, FLORIDA 33351 TELEPHONE: (954) 572 -1777 • FAX= (954) 572 - °-1778 E- MAIL: surveys ®pulicelandsurveyors.corn CERTIFICATE: OF AUTHORIZATION L8 #3870 50' RIGHT -OF -WAY — PLAT BOOK 21, PAGE 70 SOUTH RIGHT -OF -WAY LINE SW 7th STREET SOUTH RIGHT -OF -WAY LINE NORTH LINE NORTH LINE LOT 9 LOT 18 N W I a � o � 0 0 a LOT 9 LOT 18 J (z4 a WQ 7i m o "NICHOLS SECOND ADDITION, TO C) �x o O DELRAY BEACH, FLORIDA o a CD Ifj PLAT BOOK 21, PAGE 70 W "NICHOLS TO N0. FIRST ADDITION DELRAY BEACH, FLOR�DA" r PLAT BOOK 21, PAGE 69 T POINT OF o co o i BEGINNING o N89 °26'54 "E SW CORNER SE CORNER LOT 18 Z 00 LOT 9 5 0.00 SOUTH PLA SO TH PLAT LIMITS LIMITS - — — -3 -rASEdfE1PT PL4T BOOK 2 PPAGE 70 - PLA B1 21, PA 6 FR' EUEUElff -NORTH LINE LOT 1 UNPLATTED PORTION OF PAGE 41 PLAT BDOK 66, PAGE 43 — _ — — L — a— — — — — S§ 9 26'50"W SECTION 20 -46 -43 w 50.00' LOT 1 w „ "CHRIST MISSIONARY BAPTIST CHURCH PLAT 2•0117YE43EMEAFLAT BOOK 66, PAGE 43 PLAT BOOK 66, PAGE 43 FILE; JAMES, CARL SHEET 2 OF 2 THIS DOCUMENT IS NEITHER FULL NOR SCALE= 1 " -50' DRAWN= L.S. COMPLETE WITHOUT SHEETS 1 AND 2 ORDER NO: 57504B DATE= 4/18/14 LEGEND: 5' UTILITY EASEMENT CENTERLINE DELRAY BEAM, PALM BEACH COUNTY, FLORIDA O.R.B_ OFFICIAL RECORDS BOOK FOR= CARL JAMES EXHIBIT "A" SPECIFIC PUROSE SURVEY BY PULI E LAND SURVEYORS, . + 5381 NOB HILL ROAD SUNRISE, FLORIDA 33351 TELEPHONE: (954) 572 -1777 " FAX: (954) 572 -1778 E -MAIL: surveys0pulicelandsurveyors.com • CERTIFICATE OF AUTHORIZATION #LB387 LEGAL DESCRIPTION: A PORTION OF THE RIGHT —OF —WAY FOR S.W. 2ND AVENUE AS DEDICATED BY "NICHOLS FIRST ADDITION TO DELRAY BEACH, FLORIDA ", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 21, PAGE 69, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA AND "NICHOLS SECOND ADDITION TO DELRAY BEACH, FLORIDA ", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 21, PAGE 70, OF SAID PUBLIC RECORDS BOUND AS FOLLOWS: ON THE EAST BY THE WESTERLY BOUNDARY OF LOT 9 OF SAID "NICHOLS FIRST ADDITION TO DELRAY BEACH, FLORIDA "; ON THE SOUTH BY THE SOUTHERLY PLAT LIMITS OF SAID OF "NICHOLS FIRST ADDITION TO DELRAY BEACH, 'FLORIDA" AND CONTINUING ON THE SOUTHERLY PLAT LIMITS OF "NICHOLS SECOND ADDITION TO DELRAY BEACH, FLORIDA ", SAID LINE ALSO BEING THE NORTH LINE OF LOT 1 OF "CHRIST'' MISSIONARY BAPTIST CHURCH PLAT ", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 66, PAGE 43, OF SAID PUBLIC RECORDS; ON THE WEST BY THE EASTERLY BOUNDARY OF LOT 18 OF SAID "NICHOLS SECOND ADDITION TO DELRAY BEACH, FLORIDA ", AND BOUNDED ON THE NORTH BY THE EASTERLY EXTENSION OF THE NORTH LINE OF SAID LOT 18, "NICHOLS SECOND ADDITION TO DELRAY BEACH, FLORIDA" AND THE WESTERLY' EXTENSION OF THE NORTH LINE OF SAID LOT 9, "NICHOLS FIRST ADDITION TO DELRAY BEACH, FLORIDA ", SAID LINE BEING THE SOUTH RIGHT —OF —WAY LINE OF S.W. 7TH STREET AS''DEPICTED ON SAID PLATS. SAID LANDS SITUATE, LYING AND BEING IN DELRAY BEACH, PALM BEACH COUNTY, FLORIDA AND CONTAINING 7,294 SQUARE FEET, 0.1674', ACRES. 9 I g l 7 6 5 4 3 2 1 1 1SI 8 7 } 6 5 4 3 2 1 IQ� ' ' 17jI "NI HOLs FIRST DIT10 ` (( I'C'20?� SECv`ry 'D ADQTIIOt� 0 pl LRAY BEAGH ORI 1UN, FO NO LgY BFA�I�PAF+tI O I d -- P T B K 29. PAGE - - --?-- --1 1.01E PK NAIL KJR �N; __L_ _—J-__ _ _ _ _ _tn>�_ SW 7th 8TREEf _ -___- -__ 10 11� 12 T13 �14 I 15 16 11 18 9 1D 1 7 j ^�3 .�^,Tn, n 1� i SURVEY AREA IF LOT 1 PORTION OF "CHRIST MISSIONARY PORTION OF SECTION 20 -46 -43 PLAT BOOKH66. PAPS SECTION 20 -46 -43 i , �_- - --- --- -- -__ —_ — '-- ---' --- --- -- -'-_� 3W 8th STREET LOCATION SKETCH NOT TO SCALE NOTES: 1) THIS SITE LIES IN SECTION 20, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA. 2) THIS SURVEY IS CERTIFIED EXCLUSIVELY TO: CARL JAMES 3) THE HORIZONTAL POSITIONAL ACCURACY OF WELL DEFINED IMPROVEMENTS ON THIS SURVEY IS f0.2'. 4) THE PURPOSE OF THIS SURVEY IS TO SHOW IMPROVEMENTS IN THE RIGHT —OF —WAY TO BE VACATED. 5) BEARINGS ARE BASED ON THE CENTERLINE OF SW 2nd AVENUE, BEING N00 °0417 "W. SHEET 1 OF 2 THIS DOCUMENT IS NEITHER FULL NOR COMPLETE WITHOUT SHEETS 1 AND 2 FILE. JAMES, CARL CERTIFICATION SCALE= 1 " =30' DRAWN L.S. technical certify. That this sketch of survey meets the minimum technical standards set forth: by the Florida Department of Agriculture and Consumer Services ( "DOACS ") Number 5J -17, Florida ORDER NO: 57504A administrotive code, pursuani to Chapter 472.027, Floride statutes. Not valid without the signature and the original raised seal of a SURVEY DATE: 4/17/14 florlda licensed surveyor and mapper. SW 2nd AVENUE I� DELRAY BEACH, FLORIDA oAOHN F. PULICE, PROFESSIONAL SURVEYOR AND MAPPER LS2691 BETH BURNS, PROFESSIONAL SURVEYOR AND MAPPER LS6136 FOR: CARL JAMES STATE OF FLORIDA BOUNDARY SURVEY BY PULICE LAND SURVEYORS, INC. EE 5381 NOB HILL ROAD SUNRISE, FLORIDA 33351 TELEPHONE: (954) 572 -1777 • FAX: (954) 572 -1778 -MAIL: surveys®pulicelandsurveyors.com + CERTIFICATE OF AUTHORIZATION #LB387 I I I I "NICHOLS SECOND ADDITION TO I "NICHOLS FIRST ADDITION TO DELRAY BEACH, FLORIDA" DELRAY BEACH, FLORIDA" N PLAT BOOK 21, PAGE 70 PLAT BOOK 21, PAGE 69 LOT 1 LOT 8 —� — RIGHT -OF -WAY LINE RIGHT -OF -WAY LINE R=25.00' 7 T CA =89 °31'25" — SW A h rC 1 FOUND A_39.06' — — 11 RIGHT -OF -WAY CG SEWER MANHOLE PLAT BOOK 21. PAGE 79 N89 7'07 "E 100.00' MAILBOX WOOD WATER SOUTH RIGHT -OF -WAY LINE ft SOUTH RIGHT -OF -WAY LINE P POLEOH SIGN 0 VALVE HW" OHW �-- OHW OHW — OHW WATER SIGN I NORTH LINE _ T I — VAL NORTH LINE ,.w' HYDRANT LOT 9 LOT 18 R- 25.00' �. • I CHAT FENCE �.' n • •: CA= 9928'35' A= 39.48' w . 0o z'.a N•7 cO..J.. F 3Q ' Z LOT 9 LOT 18 m T I� 04 a Ld o � ?j7 IN I r m L 2k o W �o W W FAA J �� d- hm U FA W 1 ` ¢ O D > "NICHOLS SECOND ADDITION TO it o � d DELRAY BEACH, FLORIDA" ® q �8 z PLAT BOOK 21, PAGE 70 9.., Ns -a GATE b "NICHOLS FIRST ADDITION TO VO a C O DELRAY BEACH, FLORIDA" Z PLAT BOOK 21, PAGE 69 HAIN LINK FENCE IU) SOUTH PLAT SOUTH PLA I LIMITS LIMITS — — - - PLAT BOOK 2iPAC£ �o 25.00' 25.00 PrAT BOO�.2 _L PAW-A9 I — 6 L EASEMENT -NORTH LINE LOT 1 _ _ _ — — PLAT BOOK 66, PAGE A3 _ _ _ UNPLATTED PORTION OF I— — — — — — — — — — — SECTION 20 -46 -43 w� I S89°26'50 "W a I 050.00' �e LOT 1 joo I "CHRIST MISSIONARY BAPTIST CHURCH PLAT" �gz I PLAT BOOK 66, PAGE 43 SHEET 2 OF 2 THIS DOCUMENT IS NEITHER FULL NOR COMPLETE WITHOUT SHEETS 1 AND 2 FILE- JAMES, CARL SCALE: 1 "= 30' 1 DRAWN: L. S. ORDER NO: 57504A LEGEND: �i CONCRETE SURVEY DATE: 4/17/14 ASPHALT PAVEMENT SW 2nd AVENUE ELEVATION CENTERLINE DELRAY BEACH, FLORIDA FOR: CARL JAMES EXHIBIT "B99 LEGAL DESCRIPTION: A PORTION OF THE RIGHT —OF —WAY FOR SW 2nd AVENUE AS DEDICATED BY "NICHOLS FIRST ADDITION TO DELRAY BEACH, FLORIDA ", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 21, PAGE 69, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA AND "NICHOLS SECOND ADDITION TO DELRAY BEACH, FLORIDA ", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 21, PAGE 70, OF SAID PUBLIC RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 18 OF SAID "NICHOLS SECOND ADDITION TO DELRAY BEACH, FLORIDA ", THENCE NORTH 00'04'17" WEST ALONG THE EAST LINE OF SAID LOT 18, ALSO BEING THE WEST RIGHT —OF —WAY LINE OF SW 2nd AVENUE FOR 5.00 FEET; THENCE NORTH 89'26'50" EAST 50.00 FEET TO A POINT ON THE WEST LINE OF LOT 9 OF SAID "NICHOLS FIRST ADDITION TO DELRAY BEACH, FLORIDA "; THENCE SOUTH 00'04'17" EAST ALONG SAID WEST LINE, ALSO BEING THE EAST RIGHT —OF —WAY LINE OF SW 2nd AVENUE FOR 5.00 FEET TO THE SOUTHWEST CORNER OF SAID LOT 9; THENCE SOUTH 89'26'50" WEST ALONG THE NORTH LINE OF LOT 1 OF "CHRIST MISSIONARY BAPTIST CHURCH PLAT ", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 66, PAGE 43, OF SAID PUBLIC RECORDS FOR 50.00 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE, LYING AND BEING IN DELRAY BEACH, PALM BEACH COUNTY, FLORIDA AND CONTAINING 250 SQUARE FEET. g 8 I 7 6 5 4, 3 2 1 wICHOLS SECOND AD6ITION 70 -- FO ND DELRAY SEA H= FLORIDA" ' - - -� FNAILDr PK NAIL t PLAT BOOK 91, PAGE 70 10 11 ''; 12 13 14 15 16 17 18 NICHOLS SECOND ADDITION TO ' DELRAY BEACH, FLORIDA" PLAT ;BOOK 21, PAGE 70' iEASEMENT AREA i i PORTION OF SECTION 20 -46 -43 i i 8 7 6 5 4 3 2 1 ' ° "NICHOLS FIRST ADDITION TO ' BEACH, FLORIDA' PLAT -- t PLAT BOOK 21, )PAGE 6�9 - -SW 7th STREET ----------- 9 ' 10 11 i 12 13 14� 15 �- 16 - NICHOLS FIRST ADDITION P O DELRAY BEACH. FLORIDA, PLAT BOOK 21, PAGE 69 LOT 1 'CHRIST MISSIONARY BAPTIST CHURCH PLAT' PLAT BOOK 66, PAGE 43 ----------- - J�---- - - - - -- SW 8th STREET NOTES: 1'-=20U- 1) BEARINGS ARE BASED ON THE CENTERLINE OF SW 2ND AVENUE BEING N00'04'17 "W. 2) THIS IS NOT A SKETCH OF SURVEY AND DOES NOT REPRESENT A FIELD SURVEY. 3) THIS SKETCH IS NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. FILE= JAMES, CARL SCALE: 1'200' 1 DRAWN: L.S. ORDER NO: 57504B DATE: 4/18/14 5' UTILITY EASEMENT DELRAY BEACH, PALM BEACH COUNTY, FLORIDA FOR: CARL JAMES SHEET 1 OF 2 THIS DOCUMENT IS NEITHER FULL NOR °" COMPLETE WITHOUT SHEETS 1 AND 2 SOUTH RIGHT -OF -WAY LINE NORTH LINE LOT 18 50' RIGHT -OF -WAY PLAT BOOK 21, PAGE 70 h 0 J } Q O LOT 18 in J w FW- a W "NICHOLS SECOND ADDITION TO DELRAY BEACH, FLORIDA" PLAT BOOK 21, PAGE 70 POINT OF BEGINNING SE CORNER LOT 18 SOUTH PLA LIMITS PLAT BOOK 21 PAGE-70 UNPLATTED PORTION OF SECTION 20 -46 -43 TH RIGHT -OF -WAY LINE RTH LINE — �- LOT 9 FILE= JAMES, CARL SCALE: 1 ° =50' 1 DRAWN: L.S. ORDER NO: 57504B DATE= 4/18/14 5' UTILITY EASEMENT DELRAY BEACH, PALM BEACH COUNTY, FLORIDA FOR= CARL JAMES SHEET 2 OF 2 THIS DOCUMENT IS NEITHER FULL NOR COMPLETE WITHOUT SHEETS 1 AND 2 rn O 0 b } LOT 9 (za a _ O } 9 ON Zk, Ng O i P i m o) "NICHOLS FIRST ADDITION TO W DELRAY BEACH, FLOR DA PLAT BOOK 21, PAGE 69 r d' O ® N89 ?6'50 "E 0 ®^ SW COR�NER 50.00 LOT fl) Z SOUTH LIMITS AT PAGE 6y� 6 PLAT BOOK l — FPL EASEMENT —� NORTH LINE LOT 1 LS8926'50V PLATBOOK66- PAGE 43- - - - - -- _ -- Z J 50.00' LOT 1 "CHRIST MISSIONARY BAPTIST CHURCH PLAT" 2' uTLff EAsEm,,APLAT BOOK 66, PAGE 43 PLAT BOOK 66, PAGE 43 FILE= JAMES, CARL SCALE: 1 ° =50' 1 DRAWN: L.S. 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Z a c n MEMORANDUM TO: Mayor and City Commissioners FROM: Planning and Zoning Department THROUGH: Terry Stewart, Interim City Manager DATE: June 24, 2014 SUBJECT: AGENDA ITEM 8.A.1 - REGULAR COMMISSION MEETING OF JULY 1, 2014 ACCEPTANCE OF A WATER EASEMENT DEED/ S.W. 7TH STREET BACKGROUND Acceptance of this easement deed is associated with the abandonment of a portion of the S.W. 2nd Avenue right -of -way located south of S.W. 7th Avenue, which has been included as a separate item on this agenda. On May 19, 2014, the abandonment was reviewed by the Planning and Zoning Board and the Board recommended approval on a vote of 6 -1 (Spodak dissenting). Dedication of the easement was included as a condition of approval of the abandonment. A full analysis of the proposed abandonment, including the required findings, is provided in the Planning and Zoning Board staff report for the abandonment. Discussion: Concurrent with the abandonment of S.W. 2nd Avenue, a 12' wide water easement will need to be dedicated by Easement Deed to accommodate an existing water main located on the western side of the road right -of -way. In order to roughly center the water main within the 12' easement, it is necessary to include a portion of the applicant's property to the west within the easement. Timing of the Request: This item is not time - sensitive. FINANCIAL DEPARTMENT REVIEW Not applicable. RECOMMENDATION Planning and Zoning Staff recommends approval. Prepared by: RETURN: Terrill Pyburn, Esq. City Attorney's Office 200 N.W. 1 st Avenue Delray Beach, Florida 33444 WATER EASEMENT DEED THIS INDENTURE, made this day of , t , 2014, by and between Beverley Forbes and Edward L. Forbes, with a mailing address of 206 SW 7th Street, Delray Beach, Florida 33444, party of the first part, and the CITY OF DELRAY BEACH, with a mailing address of 100 N.W. lst Avenue, Delray Beach, Florida 33444, a municipal corporation in Palm Beach County, State of Florida, party of the second part: WITNESSETH: That the party of the first part, for and in consideration of the mutual promises herein contained and other good and valuable considerations, does hereby grant, bargain, sell and release unto the party of the second part, its successors and assigns, a right of way and perpetual easement for the purpose of the construction and maintenance of a water main with full and free right, liberty, and authority to enter upon and to install, operate, and maintain such water main under, across, through and upon, over, under or within the following described property located in Palm Beach County, Florida, to -wit: DESCRIPTION See Exhibit "A" Concomitant and coextensive with this right is the further right in the party of the second part, its successors and assigns, of ingress and egress over and on that portion of land described above, to affect the purposes of the easement, as expressed hereinafter. That this easement shall be subject only to those easements, restrictions, and reservations of record. That the party of the first part agrees to provide for the release or subordination of any and all mortgages or liens encumbering this easement. The party of the first part also agrees to erect no building or affect any other kind of construction or improvements upon the above - described property. It is understood that upon completion of such construction, all lands disturbed thereby as a result of such construction performed thereon, will be restored to its original or like condition without expense to the property owner. Party of the first part does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever claimed by, through or under it, that it has good right and lawful authority to grant the above - described easement and that the same is unencumbered except as provided' above. Where the context of this Easement Deed allows or permits, the same shall include the successors or assigns of the parties. IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals the day and year first above written. WITNESS 41: (name printed or typed) WITNESS #2: KL' (name printed or typed) STATE OF COUNTY OF PARTY OF THE FIRST PART BEFORE ME personally appeared Beverley Forbes and Edward L. Forbes, who are personally known to me or have produced Ft, and �t_ 1°=t iZ 41 , respectfully as identification, and who have executed the foregoing instrument, and acknowledged before me that they executed said instrument for the purposes expressed therein. WITNESS my hand and official seal this t_2 day of - o. , 2014. MAM L. JONES MY COMMISSION # FF072581 ENFIRES: January 14, 2018 (SEAL) 2 LEGAL DESCRIPTION: A PORTION OF LOT 18 AND A PORTION OF THE RIGHT —OF —WAY FOR SW 2nd AVENUE AS DEDICATED BY "NICHOLS SECOND ADDITION TO DELRAY BEACH, FLORIDA ", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 21, PAGE 70, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 18; THENCE SOUTH 89'26'50" WEST ALONG THE SOUTH LINE OF SAID LOT 18 ALSO BEING THE NORTH LINE OF LOT 1, "CHRIST MISSIONARY BAPTIST CHURCH PLAT ", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 66, PAGE 43, OF SAID PUBLIC RECORDS OF PALM BEACHH COUNTY, FLORIDA, FOR 4.39 FEET TO THE NORTHWEST CORNER OF SAID LOT 1; THENCE ALONG A LINE LYING 4.39 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF SAID LOT 18 AND ITS NORTHERLY EXTENSION, ALSO BEING THE WEST RIGHT —OF —WAY LINE OF SW 2nd AVENUE, NORTH 00'04'17" WEST 140.51 FEET TO A POINT ON THE EASTERLY EXTENSION OF THE NORTH LINE OF SAID LOT 18 ALSO BEING THE SOUTH RIGHT —OF —WAY LINE OF SW 7th STREET; THENCE NORTH 89 °27'07" EAST ALONG SAID EASTERLY EXTENSION 12.00 FEET; THENCE SOUTH 00'04'17" EAST ALONG A LINE LYING 7.61 FEET EAST OF AND PARALLEL WITH THE AFOREMENTIONED EAST LINE OF SAID LOT 18 FOR 140.51 FEET TO THE NORTH LINE OF SAID LOT 1 ALSO BEING THE EASTERLY EXTENSION OF THE SOUTH LINE OF SAID LOT 18; THENCE SOUTH 89'26'50" WEST ALONG SAID LINE 7.61 FEET TO THE POINT OF BEGINNING, SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA AND CONTAINING 1,686 SQUARE FEET. i 9( B j 7 f 6 ' 1 1 5 4 P 11 E 3 7 0 1 2 '111CHO SECO D D©ITIok 0 D 3 Y BEACH, FLORIDA FOUND FO ND PLAT (BOOK 21. NAIL PKK NAIL I l 1 i 10 11 12 13 14 115 16 ; 17 18 i 4CHOI.; SECO D AD [IITIOIL i DELRkY BEACH, FLORIDA j 1 PLAT I(BOOK 1, P E 70 ; 1 8 1 7 1 6 1 5 1 4 3 I 2 1 i "NI' HOLS FIRST DITION ITO ' PT BO�K 21. PAGED" — —Sw 7th STREET ----------------------_--- F 10 11 12 13 14 15 1 16 "ue urn a emocT a mmMI Irn i ra SKETCH AND LEGAL DESCRIFnON BY PULICE LAND SURVEYORS9 INC. A;w NOB HILL ROAD SUNRISE, FLORIDA TELEPHONE: (954) 572 -1777 ® FAX: (954) 572 -1778 E -MAIL: surveys®pulicelandsurveyors.com CERTIFICATE OF AUTHORIZATION LB #3870 50' RIGHT -OF -WAY PLAT BOOK 21, PAGE 70 SOUTH RIGHT -OF -WAY NORTH LINE LOT 18 N 0 o J } Q Z 0 O LOT 18 J F < F Q W °NICHOLS SECOND ADDITION TO DELRAY BEACH, FLORIDA" PLAT BOOK 21, PAGE 70 Z 4.39' POINT OF BEGINNING SE CORNER LOT 18 S8926'50"W 4.39 SOUTH PLAT LIMITS & SOUTH LINE LOT 18 — _ PLAT 800K 21 PACE 70 _�_ RIGHT -OF -WAY LII RTH LINE LOT 9 H 0 J } Q LOT 9 O m } J V) w "NICHOLS FIRST ADDITION TO DELRAY BEACH, FLORIDA" PLAT BOOK 21, PAGE 69 18926'50"W 7.6i1' SOUTH PLAT LIMITS ---- �nKA21. PAGE69� 6 FPL EASEMENT —� PLAT BOOK 66, PAGE 43\- LINE LOT 1 — z� —NW CORNER LOT 1 UNPLATTED PORTION OF , J� LOT 1 SECTION 20 -46 -43 I "CHRIST MISSIONARY BAPTIST CHURCH PLAT" UT/LlTY EASEMENT PLAT BOOK 66, PAGE 43 12" PLAT BOOK 66" PAGE 43 FILE: JAMES, CARL FOR: CARL JAMES SHEET 2 OF 2 THIS DOCUMENT IS NEITHER FULL NOR COMPLETE WITHOUT SHEETS 1 AND 2 LEGEND: (p- CENTERLINE O.R.B. OFFICIAL RECORDS BOOK BOUNDARY SURVEY BY PULICE LAND SURVEYORS, INC. EE 5381 NOB HILL ROAD SUNRISE, FLORIDA 33351 TELEPHONE: (954) 572 -1777 • FAX: (954) 572 -1778 -MAIL: surveys®pulicelandsurveyors.com + CERTIFICATE OF AUTHORIZATION #LB387 I I I I "NICHOLS SECOND ADDITION TO I "NICHOLS FIRST ADDITION TO DELRAY BEACH, FLORIDA" DELRAY BEACH, FLORIDA" N PLAT BOOK 21, PAGE 70 PLAT BOOK 21, PAGE 69 LOT 1 LOT 8 —� — RIGHT -OF -WAY LINE RIGHT -OF -WAY LINE R=25.00' 7 T CA =89 °31'25" — SW A h rC 1 FOUND A_39.06' — — 11 RIGHT -OF -WAY CG SEWER MANHOLE PLAT BOOK 21. PAGE 79 N89 7'07 "E 100.00' MAILBOX WOOD WATER SOUTH RIGHT -OF -WAY LINE ft SOUTH RIGHT -OF -WAY LINE P POLEOH SIGN 0 VALVE HW" OHW �-- OHW OHW — OHW WATER SIGN I NORTH LINE _ T I — VAL NORTH LINE ,.w' HYDRANT LOT 9 LOT 18 R- 25.00' �. • I CHAT FENCE �.' n • •: CA= 9928'35' A= 39.48' w . 0o z'.a N•7 cO..J.. F 3Q ' Z LOT 9 LOT 18 m T I� 04 a Ld o � ?j7 IN I r m L 2k o W �o W W FAA J �� d- hm U FA W 1 ` ¢ O D > "NICHOLS SECOND ADDITION TO it o � d DELRAY BEACH, FLORIDA" ® q �8 z PLAT BOOK 21, PAGE 70 9.., Ns -a GATE b "NICHOLS FIRST ADDITION TO VO a C O DELRAY BEACH, FLORIDA" Z PLAT BOOK 21, PAGE 69 HAIN LINK FENCE IU) SOUTH PLAT SOUTH PLA I LIMITS LIMITS — — - - PLAT BOOK 2iPAC£ �o 25.00' 25.00 PrAT BOO�.2 _L PAW-A9 I — 6 L EASEMENT -NORTH LINE LOT 1 _ _ _ — — PLAT BOOK 66, PAGE A3 _ _ _ UNPLATTED PORTION OF I— — — — — — — — — — — SECTION 20 -46 -43 w� I S89°26'50 "W a I 050.00' �e LOT 1 joo I "CHRIST MISSIONARY BAPTIST CHURCH PLAT" �gz I PLAT BOOK 66, PAGE 43 SHEET 2 OF 2 THIS DOCUMENT IS NEITHER FULL NOR COMPLETE WITHOUT SHEETS 1 AND 2 FILE- JAMES, CARL SCALE: 1 "= 30' 1 DRAWN: L. S. ORDER NO: 57504A LEGEND: �i CONCRETE SURVEY DATE: 4/17/14 ASPHALT PAVEMENT SW 2nd AVENUE ELEVATION CENTERLINE DELRAY BEACH, FLORIDA FOR: CARL JAMES PLANNING AND ZONING BOARD CITY OF DELRAY BEACH MEETING DATE: May 19, 2014 ITEM: V.A. GENERAL DATA: - -- STAFF REPORT - -- Abandonment of a portion of SW 2nd Avenue road right -of -way that was dedicated by the plats of Nichols First Addition to Delray Beach, Florida (PB 21, Page 69) and Nichols Second Additional to Delray Beach, Florida (PB 21, Page 70), which were recorded on March 5, 1947. The area to be abandoned is 50 feet wide by approximately 141 feet deep. Applicant ...... ............................... Beverley Forbes Property Owners Adjacent to Beverley Forbes (West) road Being Abandoned ............. Alcadio Rincon (East) Agent ........... ............................... Carl James Location ....... ............................... SW 2nd Avenue, south of SW 7th Street. Property Size .............................. 0.1674 acres (7,294 sq. ft.) Future Land Use Map ................. LD (Low Density 0 -5 du /acre) Current Zoning ............................ R -1 -A (Single Family Residential) Adjacent Zoning ................North: CF (Community Facilities) East: R -1 -A (Single Family Residential) South: CF (Community Facilities) West: R -1 -A (Single Family Residential) Existing Land Use ...................... Unimproved road right -of -way Proposed Land Use .................... Abandoned area will be incorporated within adjacent single family lots. oil IlIIN ■ b ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission on the proposed abandonment of a portion of the SW 2nd Avenue road right -of -way located south of SW 7th Street. This right -of -way abandonment is being processed pursuant to LDR Section 2.4.6(M), Abandonment of Rights -of -Way. BACKGROUND This portion of the SW 2nd Avenue road right -of -way was dedicated by the plats of Nichols First Addition to Delray Beach, Florida (PB 21, Page 69) and Nichols Second Addition to Delray Beach, Florida (PB 21, Page 70), which were recorded on March 5, 1947. The area to be abandoned is 50 feet wide by approximately 141 feet deep. While the right -of -way contains existing utilities, it is unpaved, so it does not provide access to the adjacent properties. To accommodate existing utilities in the right -of -way, a general utility easement will be retained over the southern 5' of the abandonment area and a utility easement will be dedicated to the City by a separate Easement Deed to accommodate an existing water main located on the western side of the right -of -way. ABANDONMENT ANALYSIS Pursuant to LDR Section 2.4.6(M)(1), public right -of -way may be abandoned (returned) to the fee description of adjacent property to the same degree in which it was originally obtained (i.e. property dedicated exclusively from a single parcel shall be returned to that parcel; property dedicated through subdivision shall be divided at the center line and returned equally to abutting parcels.) As previously stated, the subject road right -of way was dedicated by two plats with the dividing line located at the centerline of the right -of -way. The owners of the adjacent properties (Lot 9, Nichols First Addition to Delray Beach, Florida and Lot 18, Nichols Second Addition to Delray Beach, Florida are each entitled to 25 feet of the abandoned area. The City's Environmental Services Department (ESD) has reviewed the request and has no issues with the abandonment provided utility easements are retained or dedicated to accommodate existing utilities. A utility easement will be dedicated by Easement Deed to accommodate an existing water main located on the western side of the road right -of -way. The utility companies, Florida Public Utilities, AT &T, Comcast and FP &L, have been notified and have no objection to the abandonment provided an easement is retained over the southern five feet of the abandonment area. With this easement, the provision of utilities will not be affected. REQUIRED FINDINGS Pursuant to LDR Section 2.4.6(M)(5), prior to any right -of -way abandonment being approved, the following findings must be made: A) That there is not, nor will there be a need for the use of the right -of -way for any public purpose. The unimproved road right -of -way does not provide access to the adjacent properties east and west of the abandonment area which front directly on SW 7th Street. Likewise, Christ Missionary Baptist Church, located immediately south of the abandonment area, takes access Planning and Zoning Board Meeting of May 19, 2014 Abandonment of a Portion of the SW 2nd Avenue Road Right -of -Way Page 2 from SW 8th Street and does not need the proposed abandonment area for access. Since existing utilities will be accommodated in the retained or replacement easements, there will be no further public purpose for the existing right -of -way. Therefore, a positive finding can be made. B) That the abandonment does not, nor will not, prevent access to a lot of record. As stated above, the unimproved road right -of -way does not provide access to the adjacent properties which front directly on SW 7th Street or SW 8th Street. Therefore, a positive finding can be made. C) That the abandonment will not result in detriment to the provision of access and /or utility services to adjacent properties or the general area. The existing road right -of -way is unpaved and does not provide access to the adjacent properties. Existing utilities will be accommodated in the retained or replacement easements. Therefore, the abandonment will not result in detriment to the provision of access or utility services to adjacent properties of the general area, and a positive finding can be made. REVIEW BY OTHERS Courtesy Notices: Courtesy notices have been provided to the following groups and neighborhood associations: Delray Citizen's Coalition Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property and notice was published in a local newspaper on May 8, 2014. The Planning Department has not received any letters of opposition to the abandonment. Future letters of objection or support, if any, will be provided at the Planning and Zoning Board meeting. ASSESSMENT The existing unpaved road right -of -way does not provide access to the adjacent properties. A general utility easement will be retained over the southern 5 foot portion of the abandonment area to accommodate existing utilities and a new utility easement will be established to accommodate an existing water line. Based on these factors, there is no further public purpose for the existing right -of -way. Therefore, a positive finding can be made with respect to LDR Section 2.4.6(M)(5) and the request can be supported. ALTERNATIVE ACTIONS 1. Continue with direction. 2. Move a recommendation of approval of the request for the abandonment of a portion of the road right -of -way for SW 2nd Avenue located south of SW 7th Avenue, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.6(M)(5) of the Land Development Regulations. Planning and Zoning Board Meeting of May 19, 2014 Abandonment of a Portion of the SW 2nd Avenue Road Right -of -Way Page 3 3. Move a recommendation of denial of the request for the abandonment of a portion of the road right -of -way for SW 2nd Avenue located south of SW 7th Avenue, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is not consistent with the Comprehensive Plan and that the required findings of LDR Section 2.4.6(M)(5) cannot be made. RECOMMENDED ACTION Move a recommendation of approval of the request for the abandonment of a portion of the road right -of -way for SW 2nd Avenue located south of SW 7th Avenue, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.6(M)(5) of the Land Development Regulations. Attachments: Location Map Aerial Photo Street View Photo Proposed Resolution No. 25 -14 Sketch and Legal Description of Abandonment Area Nichols First Addition to Delray Beach, Florida Plat Nichols Second Addition to Delray Beach, Florida Plat -- DIGITAL BASE MAP SYSTEM -- MAP REF: S: \Planning &Zoning \DBMS \File— Cab \Z —LM 1001 - 1500 \LM1465_SW 2nd Avenue Right —Of —Way Abandonment > Q CITY OF DELRA Y BEACH PUBLIC WORKS COMPLEX w WA TER Q TREA TMEN T S.W. 6TH S T. PLANT 0 z SW 2ND AVENUE PLANNING AND ZONING DEPARTMENT PORTION OF RIGHT -OF -WAY ABANDONMENT N S. W. 7TH ST. z v� f2 CH/ST MISSONAF? Y BAPTIST CHURCH S. W. 8TH ST. w cn 0 z N U� S. W. 8TH COURT -- DIGITAL BASE MAP SYSTEM -- MAP REF: S: \Planning &Zoning \DBMS \File— Cab \Z —LM 1001 - 1500 \LM1465_SW 2nd Avenue Right —Of —Way Abandonment N RIGHT —OF —WAY ABANDONMENT SW 2ND AVENUE PLANNING AND ZONING DEPARTMENT PORTION OF RIGHT -OF -WAY ABANDONMENT -- DIGITAL BASE MAP SYSTEM -- MAP REF: S: \Planning &Zoning \DBMS \File— Cab \Z —LM 1001 - 1500 \LM1465_SW 2nd Avenue Right —Of —Way Abandonment A t . �. M F� a�E puZ MS w f k do i 'I t yk V � - vi U t CC �40� N K 1 r _ r •. ' t d7 Mir, - AiiA r 4 4a � .� • -.�Y• ry M1 b M � M ❑ 6 � J M1 rn M1 M 00 Q in b N �. ❑ LL Q O V p M fr'f 6'f H ro ❑❑ rs H a` o❑ o p ' iE _❑ Q Vt W ++ O O O N N ❑ a laaJ ca ❑ = yQj v V Q M1 ❑ L k W ❑ N b m N N N Z n'1 6 T in ❑ 07 N O Y M L N td CU G .4 3 7 �¢� 0 0 3 w [C «v v v 01ttl M N o il+m o n N CL 7 7 7 7 ° m �e �e a W a C. N z❑ N ❑M o a E L � � fY fY O �� ttl � td Cl E LL I`yN'1 ILyNI � N qj !f1 W Q 0 R N v1 7 U 4 W T2 F ❑ ty — ~ LL Ln E a -Lt!V I � im-1 �. x M, lm j AA 4w E ill LZ RESOLUTION NO. 25 -14 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A PORTION OF THE SW 2ND AVENUE ROAD RIGHT -OF -WAY, AS MORE PARTICULARLY DESCRIBED HEREIN, BUT RESERVING AND RETAINING TO THE CITY A GENERAL UTILITY EASEMENT FOR PUBLIC AND PRIVATE UTILITIES OVER A PORTION OF THE ABANDONMENT AREA, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING A REVERTER CLAUSE AND AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach, Florida received an application for the abandonment of a portion of the existing 50' road right -of -way for SW 2nd Avenue as set forth on the plats for Nichols First Addition to Delray Beach, Florida (PB 21, Page 69) and Nichols Second Addition to Delray Beach, Florida (PB 21, Page 70), being more fully described in the sketch and legal description attached hereto as Exhibit "A "; and WHEREAS, the application for abandonment of said road right -of -way was processed pursuant to Section 2.4.6(M), "Abandonment of Rights -of- Way ", of the Land Development Regulations of the City of Delray Beach, Florida; and WHEREAS, pursuant to LDR Section 2.4.6 (M) (3) (e), the Planning and Zoning Board, as Local Planning Agency, formally reviewed the matter at a public hearing on May 19, 2014, and voted _ to _ to recommend approval of the abandonment, based upon positive findings with respect to LDR Section 2.4.6(M)(5), subject to the condition that a general utility easement be retained over the southern 5 feet of the abandonment area; and a utility easement be dedicated by separate instrument over an existing water line located on the western side of the road right -of -way. WHEREAS, pursuant to LDR Section 2.4.6(M), the application was forwarded to the City Commission with the recommendation that the abandonment be approved, based upon positive findings; and WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that it to be in the best interest of the City of Delray Beach to vacate and abandon said road right of way, based upon positive findings pursuant to LDR Section 2.4.6(M)(5), but does not abandon and retains and reserves unto itself a general utility easement over the southern 5 feet of the abandonment area for the purpose of emergency access and constructing and /or maintaining, either over or under the surface, poles, wires, pipes, sewers, drainage facilities, or any other facilities used for various public utilities whether owned by the City or private corporations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA: Section 1. That the foregoing recitals are hereby incorporated herein by this reference. Section 2. That pursuant to Chapter 177.101(5) and Chapter 166 of the Florida Statutes, it is hereby determined by the City of Delray Beach Commission to vacate and abandon all rights and interests it holds to the real property described in Exhibit "A" except as provided for in Section 3 of this Resolution. Section 3. The City of Delray Beach Commission does not abandon and retains and reserves unto itself a general utility easement for the purpose of emergency access and constructing and /or maintaining, either over or under the surface, poles, wires, pipes, sewers, drainage facilities, or any other facilities used for various public utilities whether owned by the City or private corporations, over the southern 5 feet of the abandonment area, more particularly described in Exhibit "B ". Section 4. The abandonment shall not be effective until both this Resolution and a Utility Easement Deed over the existing water line have been recorded in the Public Records of Palm Beach County, Florida. PASSED AND ADOPTED in regular session on this the day of 2014. ATTEST: CITY CLERK MAYOR 2 RES. NO. 25 -14 SPECIFIC PUROSE SURVEY BY PULICE LAND SURVEYORS, INC. 5381 NOB HILL ROAD SUNRISE, FLORIDA 33351 TELEPHONE: (954) 572 -1777 • FAX: (954) 572 -1778 E —MAIL: surveys®pulicelandsurveyors.com • CERTIFICATE OF AUTHORIZATION #L6387 LEGAL DESCRIPTION: A PORTION OF THE RIGHT —OF —WAY FOR S.W. 2ND AVENUE AS DEDICATED BY "NICHOLS FIRST ADDITION TO DELRAY BEACH, FLORIDA', ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 21, PAGE 69, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA AND "NICHOLS SECOND ADDITION TO DELRAY BEACH, FLORIDA ", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 21, PAGE 70, OF SAID PUBLIC RECORDS BOUND AS FOLLOWS: ON THE EAST BY THE WESTERLY BOUNDARY OF LOT 9 OF SAID "NICHOLS FIRST ADDITION TO DELRAY BEACH, FLORIDA "; ON THE 'SOUTH BY THE SOUTHERLY PLAT LIMITS OF SAID OF "NICHOLS FIRST ADDITION TO DELRAY BEACH, 'FLORIDA" AND CONTINUING ON THE SOUTHERLY PLAT LIMITS OF "NICHOLS SECOND ADDITION TO DELRAY BEACH, FLORIDA ", SAID LINE ALSO BEING THE NORTH LINE OF LOT 1 OF "CHRIST' MISSIONARY BAPTIST CHURCH PLAT ", ACCORDING TO THE PLAT THEREOF,' AS RECORDED IN PLAT BOOK 66, PAGE 43, OF SAID PUBLIC RECORDS; ON THE WEST BY THE EASTERLY BOUNDARY OF LOT 18 OF SAID "NICHOLS SECOND ADDITION TO DELRAY BEACH, FLORIDA ", AND BOUNDED ON THE NORTH BY THE EASTERLY EXTENSION OF THE NORTH LINE OF SAID LOT 18, "NICHOLS SECOND ADDITION TO DELRAY BEACH, FLORIDA" AND THE WESTERLY EXTENSION OF THE NORTH LINE OF SAID LOT 9, "NICHOLS FIRST ADDITION TO DELRAY BEACH, FLORIDA ", SAID LINE BEING THE SOUTH RIGHT —OF —WAY LINE OF S.W, 7TH STREET AS DEPICTED ON SAID PLATS. SAID LANDS SITUATE, LYING AND BEING IN DELRAY BEACH, PALM BEACH COUNTY, FLORIDA AND CONTAINING 7,294 SQUARE FEET, 0.1674 ACRES. 10 i ' 86,,.,.., 5 4 3 2 1 , - NICHOLS rIRST A DfliON JO 1 D LRAY ACH, ORID P T B K 21, PAGE ___- __-- - - - 93 94 15 96 V 18 I 9 10 1f I 1CH0 SECO D AD I O N. 0 I � •NU � PLAT BOOK 1� P E 70 �..1 p SURVEY AREA LOT 1 PORTION OF agTST CHURCH PLAT' SECTION 20 -46 -43 PLAT BOOK 66, PAGE 43 — ----- --- SW Bth STREET LOCATION SKETCH NOT TO SCALE 12 I 13 1 14 1 15 1 16 PORTION OF SECTION 20 -46 -43 NOTES: 1) THIS SITE LIES IN SECTION 20, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA. 2) THIS SURVEY IS CERTIFIED EXCLUSIVELY TO: CARL JAMES 3) THE HORIZONTAL POSITIONAL ACCURACY OF WELL DEFINED IMPROVEMENTS ON THIS SURVEY IS ±0.2', 4) THE PURPOSE OF THIS SURVEY IS TO SHOW IMPROVEMENTS IN THE RIGHT —OF —WAY TO BE VACATED. 5) BEARINGS ARE BASED ON THE CENTERLINE OF SW 2nd AVENUE, BEING N00'04'17 "W. SHEET 1 OF 2 THIS DOCUMENT IS NEITHER FULL NOR COMPLETE WITHOUT SHEETS 1 AND 2 FILE. JAMES, CARL CERTIFICATION SCALE= 1 " =30' DRAWN L.S. I hereby certify. That this sketch of survey meets the minimum technical standards set forth by the Florida Department of —z g g 7 5 5 4 3 2 1 id 1 1 FOUND �dOHN F. PULICE. PROFESSIONAL SURVEYOR AND MAPPER LS2691 '1 ND ICHO pL4T SEC BOOK0t?�PAOE D ADQpfT101� 0 0 Y NAIL - -FO PK NAIL LL - - -� 10 i ' 86,,.,.., 5 4 3 2 1 , - NICHOLS rIRST A DfliON JO 1 D LRAY ACH, ORID P T B K 21, PAGE ___- __-- - - - 93 94 15 96 V 18 I 9 10 1f I 1CH0 SECO D AD I O N. 0 I � •NU � PLAT BOOK 1� P E 70 �..1 p SURVEY AREA LOT 1 PORTION OF agTST CHURCH PLAT' SECTION 20 -46 -43 PLAT BOOK 66, PAGE 43 — ----- --- SW Bth STREET LOCATION SKETCH NOT TO SCALE 12 I 13 1 14 1 15 1 16 PORTION OF SECTION 20 -46 -43 NOTES: 1) THIS SITE LIES IN SECTION 20, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA. 2) THIS SURVEY IS CERTIFIED EXCLUSIVELY TO: CARL JAMES 3) THE HORIZONTAL POSITIONAL ACCURACY OF WELL DEFINED IMPROVEMENTS ON THIS SURVEY IS ±0.2', 4) THE PURPOSE OF THIS SURVEY IS TO SHOW IMPROVEMENTS IN THE RIGHT —OF —WAY TO BE VACATED. 5) BEARINGS ARE BASED ON THE CENTERLINE OF SW 2nd AVENUE, BEING N00'04'17 "W. SHEET 1 OF 2 THIS DOCUMENT IS NEITHER FULL NOR COMPLETE WITHOUT SHEETS 1 AND 2 FILE. JAMES, CARL CERTIFICATION SCALE= 1 " =30' DRAWN L.S. I hereby certify. That this sketch of survey meets the minimum technical standards set forth by the Florida Department of Agriculture and Consumer Services ( "DOACS ") Number 5J -17, Florida ORDER NO: 57504A administrative code, pursuant to Chapter 472.027, Florida statutes. Not valid without the signature and the original raised seal of a SURVEY DATE: 4/17/14 florido licensed surveyor and mapper. SW 2nd AVENUE ��L, DELRAY BEACH, FLORIDA �dOHN F. PULICE. PROFESSIONAL SURVEYOR AND MAPPER LS2691 BETH BURNS, PROFESSIONAL SURVEYOR AND MAPPER LS6136 FOR-- CARL JAMES STATE OF FLORIDA BOUNDARY BY SURVEY PULICE LAND SURVEYORS, INC. n �I 5361 NOB HILL ROAD SUNRISE, FLORIDA 33351 ti 4PL�o TELEPHONE' (954) 572 -1777 • FAX: (954) 572- 1778 E -MAIL: surveysC�pulicelandsurveyors .com CERTIFICATE OF AUTHORIZATION #L6387 V 1 I I I "NICHOLS SECOND ADDITION TO I "NICHOLS FIRST ADDITION TO DELRAY BEACH, FLORIDA" DELRAY BEACH, FLORIDA" N PLAT BOOK 21, PAGE 70 PLAT BOOK 21, PAGE 69 LOT 1 LOT 8 / I \ RIGHT -OF -WAY LINE ^ RIGHT -OF -WAY LINE 'y R=25,00' j1111 C A=89P31'25n SW 7 #h S EET ? "D A= 39.06' 50' RIGHT -OF -WAY SEWER PLAT BOOK Z. PAGE 7 MANHOLE N8 707"E 100.00' �#AAILBOX 0 D ATER SOUTH RIGHT -OF -WAY LINE SOUTH RIGHT -•OF -WAY LINE P R POL SIGN1 „�(ALVE 4 Hw, A msµ, j---- OHW OHW � OHW '— -��v — _ T�\ — — - WATER SIGN NORTH LINE `NORTH LINE HYDRANT '•” <�•,' , `i, LOT 9 LOT IS 4, .. R- 25.00, CHAIN FENCE : a' CA= 90°28'35" A= 39.48, 9 °T W N LOT 18 m �Oj' W 34 a °�zo LOT 9 o �I� b,,• 3 T- m q� N T til I�i CZi O w A� WE 3C�5 w >4 r "NICHOLS SECOND ADDITION Q , TO LL i" O Q b DELRAY BEACH, FLORIDA O g q z O I PLAT BOOK 21, PAGE 70 = Nk 1.7�i GATE "NICHOLS FIRST ADDITION TO O I VC DELRAY BEACH, FLORIDA" Z I N CIJ PLAT BOOK 21, PAGE 69 fff FENCE LINK E IVJ 3 SOUTH PLAT SOUTH PLA LIMITS LIMITS _ — — — USE - - - 25.00' -- - - 25.00' P/d£ BDGK2t PL76H� PL47�K 2- -PAGE 70 �-� -NORTH L INE LOT 1 UNPLATfED PORTION OF I- - - - -' S89�26'50„W ------ - - - SECTION 20 -46 -43 I 5 ®. ® ®, v I LOT 1 IZ i "CHRIST MISSIONARY BAPTIST CHURCH PLAT" PLAT BOOK 66, PAGE 43 SHEET 2 OF 2 THIS DOCUMENT IS NEITHER FULL NOR COMPLETE WITHOUT SHEETS 1 AND 2 FILE- JAMES, CARL SCALE. 1.=,30' DRAWN L.S. ORDER NO.-- 57504A LEGEND: -•a. CONCRETE SURVEY DATE. 4/17/14 ASPHALT PAVEMENT SW 2nd AVENUE ELEVATION �c CENTERLINE DELRAY BEACH, FLORIDA FOR: CARL JAMES EXHIBIT "B" SKETCH AND LEGAL DESCRIPTION BY POLICE LANDN�SURVVEEYORS, INC. �$ PI.S HILL ROAD SUNRISE, FLORIDA 33351 TELEPHONE: (954) 572 -1777 • FAX: (954) 572 -1778 E —MAIL: surveys®pullcelondsurveyors.com CERTIFICATE OF AUTHORIZATION LB #3870 LEGAL DESCRIPTION: A PORTION OF THE RIGHT —OF —WAY FOR SW 2nd AVENUE AS DEDICATED BY "NICHOLS FIRST ADDITION TO DELRAY BEACH, FLORIDA ", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 21, PAGE 69, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA AND "NICHOLS SECOND ADDITION TO DELRAY BEACH, FLORIDA ", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 21, PAGE 70, OF SAID PUBLIC RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 18 OF SAID "NICHOLS SECOND ADDITION TO DELRAY BEACH, FLORIDA ", THENCE NORTH 00'04'17" WEST ALONG THE EAST LINE OF SAID LOT 18, ALSO BEING THE WEST RIGHT —OF —WAY LINE OF SW 2nd AVENUE FOR 5.00 FEET; THENCE NORTH 8926'50" EAST 50.00 FEET TO A POINT ON THE WEST LINE OF LOT 9 OF SAID "NICHOLS FIRST ADDITION TO DELRAY BEACH, FLORIDA'; THENCE SOUTH 00'04'17" EAST ALONG SAID WEST LINE, ALSO BEING THE EAST RIGHT —OF —WAY LINE OF SW 2nd AVENUE FOR 5.00 FEET TO THE SOUTHWEST CORNER OF SAID LOT 9; THENCE SOUTH 89'26'50" WEST ALONG THE NORTH LINE OF LOT 3 OF "CHRIST MISSIONARY BAPTIST CHURCH PLAT ", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 66, PAGE 43, OF SAID PUBLIC RECORDS FOR 50.00 FEET TO THE POINT OF BEGINNING_ SAID LANDS SITUATE, LYING AND BEING IN DELRAY BEACH, PALM BEACH COUNTY, FLORIDA AND CONTAINING 250 SQUARE FEET_ �Zi I� j ' g$ 7 6 5 4[ 3 8 7 6 5 4 3 2 f 1 'NICHOLS FIRST ADDMON';TO i hIICHOlS SECO�EHO A417RIDA� O ' -0 pELRAY BEACH, FLORIDA" 'JOUND;I FO�1ND p{j BOOK 21. 4GE 70 ivy PEAT BOOK 21.:PAGE E 9 PK NAIL L_ - -� -- --------- ---- -- I ------ �___� —_ —._ OD� SW 7th 3TIaEEI ---------- '----- _.- '-- ------ -- _Y..- _.- --'-- -- -- I - --- -- --� --- -- - __-, z 10 11 12 ; 13 34 15 16 17 : 18 9 10 11 1 12 13 ', 14 15 16 'I+lICHOLS SECOND ADDMOtt TO 'N12HOLS FIRST ADDITION 10 ' z, DELRAY BEACH, FLpRIDA D T{ Y 16EACH. FLORIDA- PLAT BOOK 21, PAGE 70 PLAT BOOK 21. PAGE b9 O { i EASEMENT AREA PORTION OF sECTiON 20 -46 -43 'CHRIST MISSIONARY BAPTIST CHURCH PLAT' PLAT BOOK 66. PAGE 43 Svi8th STREET PORTION OF j SECTION 20 -46 -43 1 i LOCATION MAP NOTES: 1" =200' 1) BEARINGS ARE BASED ON THE CENTERLINE OF SW 2ND AVENUE BEING N00'04'17 "W. 2) THIS IS NOT A SKETCH OF SURVEY AND DOES NOT REPRESENT A FIELD SURVEY. 3) THIS SKETCH IS NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. FILE: JAMES, CARL SCALE- 1'200' 1 DRAWN. L.S. ORDER NO: 57504B DATE: 4/18/14 5' UTILITY EASEMENT DELRAY MACH, PALM BEACH COUNTY, FLORIDA FOR: CARL JAMES SHEET 1 OF 2 THIS DOCUMENT IS NEITHER FULL NOR !) COMPLETE WITHOUT SHEETS 1 AND 2 JOHN F. P ICfi'RtFE5SIONAL SURVEYOR AND MAPPER LS2691 C3 BETH B S, ROFESSIONAL SURVEYOR AND MAPPER LS6136 STATE F FLORIDA SKETCH AND LEGAL DESCRIPTION BY POLICE LAN'DNOSURVoEEYORS, INC. + PLS 5WB HILL SUNRISE, FLORIDA 33351 TELEPHONE: (954) 572 -1777 • FAX= (954) 572 - °-1778 E- MAIL: surveys ®pulicelandsurveyors.corn CERTIFICATE: OF AUTHORIZATION L8 #3870 50' RIGHT -OF -WAY — PLAT BOOK 21, PAGE 70 SOUTH RIGHT -OF -WAY LINE SW 7th STREET SOUTH RIGHT -OF -WAY LINE NORTH LINE NORTH LINE LOT 9 LOT 18 N W I a � o � 0 0 a LOT 9 LOT 18 J (z4 a WQ 7i m o "NICHOLS SECOND ADDITION, TO C) �x o O DELRAY BEACH, FLORIDA o a CD Ifj PLAT BOOK 21, PAGE 70 W "NICHOLS TO N0. FIRST ADDITION DELRAY BEACH, FLOR�DA" r PLAT BOOK 21, PAGE 69 T POINT OF o co o i BEGINNING o N89 °26'54 "E SW CORNER SE CORNER LOT 18 Z 00 LOT 9 5 0.00 SOUTH PLA SO TH PLAT LIMITS LIMITS - — — -3 -rASEdfE1PT PL4T BOOK 2 PPAGE 70 - PLA B1 21, PA 6 FR' EUEUElff -NORTH LINE LOT 1 UNPLATTED PORTION OF PAGE 41 PLAT BDOK 66, PAGE 43 — _ — — L — a— — — — — S§ 9 26'50"W SECTION 20 -46 -43 w 50.00' LOT 1 w „ "CHRIST MISSIONARY BAPTIST CHURCH PLAT 2•0117YE43EMEAFLAT BOOK 66, PAGE 43 PLAT BOOK 66, PAGE 43 FILE; JAMES, CARL SHEET 2 OF 2 THIS DOCUMENT IS NEITHER FULL NOR SCALE= 1 " -50' DRAWN= L.S. COMPLETE WITHOUT SHEETS 1 AND 2 ORDER NO: 57504B DATE= 4/18/14 LEGEND: 5' UTILITY EASEMENT CENTERLINE DELRAY BEAM, PALM BEACH COUNTY, FLORIDA O.R.B_ OFFICIAL RECORDS BOOK FOR= CARL JAMES EXHIBIT "A" SPECIFIC PUROSE SURVEY BY PULI E LAND SURVEYORS, . + 5381 NOB HILL ROAD SUNRISE, FLORIDA 33351 TELEPHONE: (954) 572 -1777 " FAX: (954) 572 -1778 E -MAIL: surveys0pulicelandsurveyors.com • CERTIFICATE OF AUTHORIZATION #LB387 LEGAL DESCRIPTION: A PORTION OF THE RIGHT —OF —WAY FOR S.W. 2ND AVENUE AS DEDICATED BY "NICHOLS FIRST ADDITION TO DELRAY BEACH, FLORIDA ", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 21, PAGE 69, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA AND "NICHOLS SECOND ADDITION TO DELRAY BEACH, FLORIDA ", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 21, PAGE 70, OF SAID PUBLIC RECORDS BOUND AS FOLLOWS: ON THE EAST BY THE WESTERLY BOUNDARY OF LOT 9 OF SAID "NICHOLS FIRST ADDITION TO DELRAY BEACH, FLORIDA "; ON THE SOUTH BY THE SOUTHERLY PLAT LIMITS OF SAID OF "NICHOLS FIRST ADDITION TO DELRAY BEACH, 'FLORIDA" AND CONTINUING ON THE SOUTHERLY PLAT LIMITS OF "NICHOLS SECOND ADDITION TO DELRAY BEACH, FLORIDA ", SAID LINE ALSO BEING THE NORTH LINE OF LOT 1 OF "CHRIST'' MISSIONARY BAPTIST CHURCH PLAT ", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 66, PAGE 43, OF SAID PUBLIC RECORDS; ON THE WEST BY THE EASTERLY BOUNDARY OF LOT 18 OF SAID "NICHOLS SECOND ADDITION TO DELRAY BEACH, FLORIDA ", AND BOUNDED ON THE NORTH BY THE EASTERLY EXTENSION OF THE NORTH LINE OF SAID LOT 18, "NICHOLS SECOND ADDITION TO DELRAY BEACH, FLORIDA" AND THE WESTERLY' EXTENSION OF THE NORTH LINE OF SAID LOT 9, "NICHOLS FIRST ADDITION TO DELRAY BEACH, FLORIDA ", SAID LINE BEING THE SOUTH RIGHT —OF —WAY LINE OF S.W. 7TH STREET AS''DEPICTED ON SAID PLATS. SAID LANDS SITUATE, LYING AND BEING IN DELRAY BEACH, PALM BEACH COUNTY, FLORIDA AND CONTAINING 7,294 SQUARE FEET, 0.1674', ACRES. 9 I g l 7 6 5 4 3 2 1 1 1SI 8 7 } 6 5 4 3 2 1 IQ� ' ' 17jI "NI HOLs FIRST DIT10 ` (( I'C'20?� SECv`ry 'D ADQTIIOt� 0 pl LRAY BEAGH ORI 1UN, FO NO LgY BFA�I�PAF+tI O I d -- P T B K 29. PAGE - - --?-- --1 1.01E PK NAIL KJR �N; __L_ _—J-__ _ _ _ _ _tn>�_ SW 7th 8TREEf _ -___- -__ 10 11� 12 T13 �14 I 15 16 11 18 9 1D 1 7 j ^�3 .�^,Tn, n 1� i SURVEY AREA IF LOT 1 PORTION OF "CHRIST MISSIONARY PORTION OF SECTION 20 -46 -43 PLAT BOOKH66. PAPS SECTION 20 -46 -43 i , �_- - --- --- -- -__ —_ — '-- ---' --- --- -- -'-_� 3W 8th STREET LOCATION SKETCH NOT TO SCALE NOTES: 1) THIS SITE LIES IN SECTION 20, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA. 2) THIS SURVEY IS CERTIFIED EXCLUSIVELY TO: CARL JAMES 3) THE HORIZONTAL POSITIONAL ACCURACY OF WELL DEFINED IMPROVEMENTS ON THIS SURVEY IS f0.2'. 4) THE PURPOSE OF THIS SURVEY IS TO SHOW IMPROVEMENTS IN THE RIGHT —OF —WAY TO BE VACATED. 5) BEARINGS ARE BASED ON THE CENTERLINE OF SW 2nd AVENUE, BEING N00 °0417 "W. SHEET 1 OF 2 THIS DOCUMENT IS NEITHER FULL NOR COMPLETE WITHOUT SHEETS 1 AND 2 FILE. JAMES, CARL CERTIFICATION SCALE= 1 " =30' DRAWN L.S. technical certify. That this sketch of survey meets the minimum technical standards set forth: by the Florida Department of Agriculture and Consumer Services ( "DOACS ") Number 5J -17, Florida ORDER NO: 57504A administrotive code, pursuani to Chapter 472.027, Floride statutes. Not valid without the signature and the original raised seal of a SURVEY DATE: 4/17/14 florlda licensed surveyor and mapper. SW 2nd AVENUE I� DELRAY BEACH, FLORIDA oAOHN F. PULICE, PROFESSIONAL SURVEYOR AND MAPPER LS2691 BETH BURNS, PROFESSIONAL SURVEYOR AND MAPPER LS6136 FOR: CARL JAMES STATE OF FLORIDA BOUNDARY SURVEY BY PULICE LAND SURVEYORS, INC. EE 5381 NOB HILL ROAD SUNRISE, FLORIDA 33351 TELEPHONE: (954) 572 -1777 • FAX: (954) 572 -1778 -MAIL: surveys®pulicelandsurveyors.com + CERTIFICATE OF AUTHORIZATION #LB387 I I I I "NICHOLS SECOND ADDITION TO I "NICHOLS FIRST ADDITION TO DELRAY BEACH, FLORIDA" DELRAY BEACH, FLORIDA" N PLAT BOOK 21, PAGE 70 PLAT BOOK 21, PAGE 69 LOT 1 LOT 8 —� — RIGHT -OF -WAY LINE RIGHT -OF -WAY LINE R=25.00' 7 T CA =89 °31'25" — SW A h rC 1 FOUND A_39.06' — — 11 RIGHT -OF -WAY CG SEWER MANHOLE PLAT BOOK 21. PAGE 79 N89 7'07 "E 100.00' MAILBOX WOOD WATER SOUTH RIGHT -OF -WAY LINE ft SOUTH RIGHT -OF -WAY LINE P POLEOH SIGN 0 VALVE HW" OHW �-- OHW OHW — OHW WATER SIGN I NORTH LINE _ T I — VAL NORTH LINE ,.w' HYDRANT LOT 9 LOT 18 R- 25.00' �. • I CHAT FENCE �.' n • •: CA= 9928'35' A= 39.48' w . 0o z'.a N•7 cO..J.. F 3Q ' Z LOT 9 LOT 18 m T I� 04 a Ld o � ?j7 IN I r m L 2k o W �o W W FAA J �� d- hm U FA W 1 ` ¢ O D > "NICHOLS SECOND ADDITION TO it o � d DELRAY BEACH, FLORIDA" ® q �8 z PLAT BOOK 21, PAGE 70 9.., Ns -a GATE b "NICHOLS FIRST ADDITION TO VO a C O DELRAY BEACH, FLORIDA" Z PLAT BOOK 21, PAGE 69 HAIN LINK FENCE IU) SOUTH PLAT SOUTH PLA I LIMITS LIMITS — — - - PLAT BOOK 2iPAC£ �o 25.00' 25.00 PrAT BOO�.2 _L PAW-A9 I — 6 L EASEMENT -NORTH LINE LOT 1 _ _ _ — — PLAT BOOK 66, PAGE A3 _ _ _ UNPLATTED PORTION OF I— — — — — — — — — — — SECTION 20 -46 -43 w� I S89°26'50 "W a I 050.00' �e LOT 1 joo I "CHRIST MISSIONARY BAPTIST CHURCH PLAT" �gz I PLAT BOOK 66, PAGE 43 SHEET 2 OF 2 THIS DOCUMENT IS NEITHER FULL NOR COMPLETE WITHOUT SHEETS 1 AND 2 FILE- JAMES, CARL SCALE: 1 "= 30' 1 DRAWN: L. S. ORDER NO: 57504A LEGEND: �i CONCRETE SURVEY DATE: 4/17/14 ASPHALT PAVEMENT SW 2nd AVENUE ELEVATION CENTERLINE DELRAY BEACH, FLORIDA FOR: CARL JAMES EXHIBIT "B99 LEGAL DESCRIPTION: A PORTION OF THE RIGHT —OF —WAY FOR SW 2nd AVENUE AS DEDICATED BY "NICHOLS FIRST ADDITION TO DELRAY BEACH, FLORIDA ", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 21, PAGE 69, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA AND "NICHOLS SECOND ADDITION TO DELRAY BEACH, FLORIDA ", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 21, PAGE 70, OF SAID PUBLIC RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 18 OF SAID "NICHOLS SECOND ADDITION TO DELRAY BEACH, FLORIDA ", THENCE NORTH 00'04'17" WEST ALONG THE EAST LINE OF SAID LOT 18, ALSO BEING THE WEST RIGHT —OF —WAY LINE OF SW 2nd AVENUE FOR 5.00 FEET; THENCE NORTH 89'26'50" EAST 50.00 FEET TO A POINT ON THE WEST LINE OF LOT 9 OF SAID "NICHOLS FIRST ADDITION TO DELRAY BEACH, FLORIDA "; THENCE SOUTH 00'04'17" EAST ALONG SAID WEST LINE, ALSO BEING THE EAST RIGHT —OF —WAY LINE OF SW 2nd AVENUE FOR 5.00 FEET TO THE SOUTHWEST CORNER OF SAID LOT 9; THENCE SOUTH 89'26'50" WEST ALONG THE NORTH LINE OF LOT 1 OF "CHRIST MISSIONARY BAPTIST CHURCH PLAT ", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 66, PAGE 43, OF SAID PUBLIC RECORDS FOR 50.00 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE, LYING AND BEING IN DELRAY BEACH, PALM BEACH COUNTY, FLORIDA AND CONTAINING 250 SQUARE FEET. g 8 I 7 6 5 4, 3 2 1 wICHOLS SECOND AD6ITION 70 -- FO ND DELRAY SEA H= FLORIDA" ' - - -� FNAILDr PK NAIL t PLAT BOOK 91, PAGE 70 10 11 ''; 12 13 14 15 16 17 18 NICHOLS SECOND ADDITION TO ' DELRAY BEACH, FLORIDA" PLAT ;BOOK 21, PAGE 70' iEASEMENT AREA i i PORTION OF SECTION 20 -46 -43 i i 8 7 6 5 4 3 2 1 ' ° "NICHOLS FIRST ADDITION TO ' BEACH, FLORIDA' PLAT -- t PLAT BOOK 21, )PAGE 6�9 - -SW 7th STREET ----------- 9 ' 10 11 i 12 13 14� 15 �- 16 - NICHOLS FIRST ADDITION P O DELRAY BEACH. FLORIDA, PLAT BOOK 21, PAGE 69 LOT 1 'CHRIST MISSIONARY BAPTIST CHURCH PLAT' PLAT BOOK 66, PAGE 43 ----------- - J�---- - - - - -- SW 8th STREET NOTES: 1'-=20U- 1) BEARINGS ARE BASED ON THE CENTERLINE OF SW 2ND AVENUE BEING N00'04'17 "W. 2) THIS IS NOT A SKETCH OF SURVEY AND DOES NOT REPRESENT A FIELD SURVEY. 3) THIS SKETCH IS NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. FILE= JAMES, CARL SCALE: 1'200' 1 DRAWN: L.S. ORDER NO: 57504B DATE: 4/18/14 5' UTILITY EASEMENT DELRAY BEACH, PALM BEACH COUNTY, FLORIDA FOR: CARL JAMES SHEET 1 OF 2 THIS DOCUMENT IS NEITHER FULL NOR °" COMPLETE WITHOUT SHEETS 1 AND 2 SOUTH RIGHT -OF -WAY LINE NORTH LINE LOT 18 50' RIGHT -OF -WAY PLAT BOOK 21, PAGE 70 h 0 J } Q O LOT 18 in J w FW- a W "NICHOLS SECOND ADDITION TO DELRAY BEACH, FLORIDA" PLAT BOOK 21, PAGE 70 POINT OF BEGINNING SE CORNER LOT 18 SOUTH PLA LIMITS PLAT BOOK 21 PAGE-70 UNPLATTED PORTION OF SECTION 20 -46 -43 TH RIGHT -OF -WAY LINE RTH LINE — �- LOT 9 FILE= JAMES, CARL SCALE: 1 ° =50' 1 DRAWN: L.S. ORDER NO: 57504B DATE= 4/18/14 5' UTILITY EASEMENT DELRAY BEACH, PALM BEACH COUNTY, FLORIDA FOR= CARL JAMES SHEET 2 OF 2 THIS DOCUMENT IS NEITHER FULL NOR COMPLETE WITHOUT SHEETS 1 AND 2 rn O 0 b } LOT 9 (za a _ O } 9 ON Zk, Ng O i P i m o) "NICHOLS FIRST ADDITION TO W DELRAY BEACH, FLOR DA PLAT BOOK 21, PAGE 69 r d' O ® N89 ?6'50 "E 0 ®^ SW COR�NER 50.00 LOT fl) Z SOUTH LIMITS AT PAGE 6y� 6 PLAT BOOK l — FPL EASEMENT —� NORTH LINE LOT 1 LS8926'50V PLATBOOK66- PAGE 43- - - - - -- _ -- Z J 50.00' LOT 1 "CHRIST MISSIONARY BAPTIST CHURCH PLAT" 2' uTLff EAsEm,,APLAT BOOK 66, PAGE 43 PLAT BOOK 66, PAGE 43 FILE= JAMES, CARL SCALE: 1 ° =50' 1 DRAWN: L.S. ORDER NO: 57504B DATE= 4/18/14 5' UTILITY EASEMENT DELRAY BEACH, PALM BEACH COUNTY, FLORIDA FOR= CARL JAMES SHEET 2 OF 2 THIS DOCUMENT IS NEITHER FULL NOR COMPLETE WITHOUT SHEETS 1 AND 2 a � U Z V m 3 c N� cpp W ¢ Iy V 0 p v0 Y � J x x� h u 0 4 � e c N� °0 h F W °o�ie o oL�oo � i 3 o LL e c N� °0 LL V kv'3n�S �Al F O U "'Illyyy U� 1 OO U w Z ® V �A v W v L9 a Y o0 Q ❑a Z �l 8o M d �i W ��J�,��}�'�nY� Q e c N� °0 m :m m� n�o 7/7N.7AV =s =I. NOlN /MS mg a 9b'Ob/ 9> oai .y I W W ° N h Q �A n /3 V/ h W 0 N O a os ,E , -, N; �aanN3ny — v.v z i� S N N � nhe � ae. nA c o 9 Z m 4£v o a �W 4 I V kv'3n�S �Al F Z 8o M d �i W ��J�,��}�'�nY� m :m m� n�o 7/7N.7AV =s =I. NOlN /MS mg a 9b'Ob/ 9> oai .y I W W ° N h Q �A n /3 V/ h W 0 N O a os ,E , -, N; �aanN3ny — v.v z i� S N N � nhe � ae. nA c o 9 Z m 4£v o a �W 4 I y 4,3y°43o AWAY A r3n�8 $ ti a Y 2 U ° °T ig5° . A � e„ ��. E 0 GN N "J h Vl I � l l � b LJ � � V I Ij) t tl m � N N � � A Q LL o o OO 1— Z i V tit to Jll .. .�i lot Q Y C. Q i Jill lJJ y� ty n,.� 1 'l`C�? 'z ° Y' m ° h4 o LL a 4 N m u oil W 4 v \ N p ^ F' 7: � 74 E o ;�k8��a��x � Sap Sol l uT iC�`�mkiz F7 2 n yc R R A119511,1101 Q 1ip " C rCj '0p MUM y 4,3y°43o AWAY A r3n�8 $ ti a Y 2 U ° °T ig5° . A � e„ ��. E 0 GN N "J h Vl I Q OS ° I son V —W+ 11MS� a �r Jim ° o �m i c e o Wye a c y 2a� rg �u 'Wc o a . Z a c n 4 � b b � � V I Ij) t tl m � N N � � OS ° I son V —W+ 11MS� a �r Jim ° o �m i c e o Wye a c y 2a� rg �u 'Wc o a . Z a c n MEMORANDUM TO: Mayor and City Commissioners FROM: Environmental Services Department Kevin G. Rumell, Fleet Superintendent Jim Schmitz, Deputy Director Public Works Randal Krejcarek, Environmental Services Director THROUGH: Terry Stewart, Interim City Manager DATE: June 23, 2014 SUBJECT: AGENDA ITEM 8.B. - REGULAR COMMISSION MEETING OF JULY 1, 2014 INCREASE SPENDING CAP/RECHTIEN INTERNATIONAL TRUCKS BACKGROUND In accordance with Purchasing Ordinance No. 29 -13, Chapter 36, Section 36.02 (c) (6) (a), City Commission on March 18, 2014 approved a limit of $40,000 for the purchase of parts and repairs for City of Delray Beach vehicles to Rechtien International Trucks, as a sole source vendor. As was previously explained, the City of Delray Beach has an extensive number of International Trucks within its Fleet, including nine (9) Fire Rescue Ambulances. The demand for parts and outside services for these vehicles can vary greatly from year to year, and based on FY 2013's spending level of $34,100 with Rechtien it was thought that $40,000 was a reasonable figure to seek for approval. During this fiscal year to date, the City of Delray Beach has now spent just over $40,000 with Rechtien International for truck parts and services. On June 12, 2014, Mr. Barcinski approved an emergency engine repair on Ambulance 200766 in the amount of $3,346.30, and on June 20, 2014, Mr. Stewart approved another emergency purchase in the amount of $302.73 for a part for Ambulance 201167. In accordance with Section 36.03 (B) of the purchasing ordinance, City Commission's approval is requested to increase approved spending with this vendor up to $80,000. This new limit is requested to avoid the necessity of returning to Commission for further approval for this vendor in the current fiscal year. DISCUSSION Request to increase the spending cap for Rechtien International to $80,000.00. TIMING OF THE REQUEST This request is time sensitive due to invoices for emergency vehicle parts and services already obtained under emergency conditions, as well as to maintain the operational status of our fleet Fire Rescue vehicles. FUNDING SOURCE Funding is available from 501- 3311 -591 -52.50 (Garage Fund: Operating Supplies /External Supplies) and 501 -3311 -591 -52.52 (Garage Fund: Operating Supplies /C.G. — Outside Service). 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VI VI Lo Ln M VI 'dl dl Ln VI VI' p dl VI VI lD C7C-1 I M a l 0101M0)Ql010)010)01 Cl) 010)016) rn Q I\ 1 W0,D lD to W lA Q',D lD lD 1D W tiD 1D\0 LD ;4 0 0 6 1 Q = 1 0IDV -q4 Lf) Ln W'dl dl�dl Vl e)I V' W lD W H HW P48 >, Z U I nn01016101010101 n n n c-- n n Ln Ln Ln pI OI CO w J-1 t W [.� r OCDOOONNNOMMMMMMNNNwI r-IW FYi Od •ri I Fl,' I Hpr•IHH000Hgp 00000 O 000N a 2 U 0 Vt PURCHASE ORDER DATE; 06,'17/14 City of Delray Beach PURCHASING DIVISION j 100 NW FIRST AVENUE DELRAY BEACH, FLORIDA 33444 7699102 1 5611243 -7115 VENDOR: SKIP TO: RECHTIEN INTERNATIONAL TRUCKS 3787 INTERSTATE PARK ROAD RIVIERA BEACH, FL 33404 3891 1 06/30/14 THIS NUMBER MUST APPEAR ON ALL INVOICES, PACKING LISTS, LABELS, BILLS OF LADING AND CORRESPONDENCE. City Of Delray Beach Florida CENTRAL GARAGE 434 S SWINTON AVE DELRAY BEACH, FL 33444 RUMELL /CONFIRMED 1 188947 1 NET ACCOUNT: 50133115915252 ***** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** * * * CONFIRMATION COPY * DO NOT DUPLICATE * ***** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 1 1.00 JOB ENGINE REPAIR, AMBLANCE #20076 3346.300 3346.30 >OIL LEAKS AND COOLANT LEAKS EMERGENCY REPAIRS PER VENDOR CHECK & ADVISE, 05.28.2014 APPROVED BY CM OFFICE 06.12.2014 TOITAL 1 3346.30 BILLT O' APPROVED: CITY OF DELRAY BEACH ACCOUNTS PAYABLE 100 NW 1ST AVENUE DELRAY BEACH, FL 33444 FLORIDA STATE SALES TAX EXEMPTION CERTIFICATE NO. 85-8012621559C-4 EXPIRATION DATE 0613112017 THORIZED SIGNATURE ORDER SUBJECT TO TERMS AND COIIDITIONS AS ON REVERSE OR ATTACHED. PI620UO2 City Of Delray Beach Florida 6/17/14 Re Ty Purchase Requisition Comments 6:30 Ty 4 Requisition number . . . : 0000188947 Re By . . . . RUMELL /CONFIRMED _ Re Requisition date . . . . = 6/17/14 Da Type information, press Enter. Ve ' Comments RECHTIEN INTERNATIONAL IS A SOLE SOURCE VENDOR EMERGENCY REPAIRS APPROVED BY MR. BARCINSKI ON Co 6 -13 -14 Sh REPAIR PER RECHTIEN QUOTE 954734: $3,346.30 De Fi Ty tes Op r F12= Cancel F22= Sequence numbers on /off F3 ' TO: Robert Barcinski, Interim City Manager i F FROM: Jim Schmitz, Deputy Director Public Works THROUGH: Randal Krejcarek, P.E., Director of Environmental Services 1L SUBJECT: (Emergency Engine Repair Ambulance #200766 DATE: June 12, 2014 Public Works is requesting approval for the completion of emergency repairs on ambulance #20076 by Rechtien International Trucks, in the amount of $3,346.30., per dealer check and advise dated 05.28.2014. Commission on March 1 Stt , 2014 approved the cap of $25,000, to be extended "not to exceed" $40,008. for the purchase of parts .and repairs by Rechtien International Trucks. Rechtien is currently at $40,750,00 for this fiscal year. Ambulance #200766 is currently at Rechtien International, an authorized International Truck dealer in the South Florida region. Funding from account code: 501- 3311 -591- 52.52. This purchase is in compliance with Ordinance No. 29 -13 Chapter 36.02(0) Direct Acquisition Method (5) Emergency Acquisitions. If you approve, please sign below and return to the Public Works Division. ,Z City Manager Date Attachments: Vendor Check & Advise dated 05.28.2014 G°i'� v,1 �- -c • Rechtien Int'I Truck Authorized Dealer letter dai eo &Y1 cc: Patsy Nadal, Purchasing Manage Repair Management B Y Nil lw$TAJq RECHTIEN INTL TRUCKS, 1 3787 INTERSTATE PRK RD W - RIVIERA BEACH, FL 33404 Phone: (866) 882 -9050 - Fax: (561) 882 -0218 Estimate Number, 954734 - RO Number; 53765 Service Writer: mike phlflips - Date: 5/2812014 11:04 AM (C) Currency. LSD *Rechti VIN. 1HTMRAAM17H405054 Recall /AFC: No Model: 4400 SBA LP 4X2 Engine: DT466 HT 285 HP /2400 RPM GOV SPD Contact Name; Kevin Rurned Make: International Posftfon: primary, service- prfmary Delivered: 8/31/2006 Phone: (561') 243 -7333 In Service: 7 Years 9 Months E -Mall: rumell @mydefraybeach.com Mileage: 122478 Eng Hrs 74847 PO Number. This estimate is subject to teardown and Inspection and Is vaild for 30 days from date above. f, the undersigned, authorize you to perform the repairs and furnish the necessary materials, I understand any casts verbally quoted are an estimate only and not binding. Your employees may operate vehicle for Inspecting, testing and delivery at my rlsl<. You will not be responsible for loss or damage to vehicle or articles left In it. AUTHORIZED BY: DATE~ I I Generated by On Command Repair Management Currency: USD Page : 1 of 1 Copyright 2009 -2014 Navistar Inc, All rights reserved, 0 Y 1 P 1 Engine Front Cover And1Qr Gasket, R & R AndlQr Replace $2,108.00 $71s,4s $OAO $2,825.45 1 KIT, FRQNT COVER REAR HALF WI SEAL 1 KIT, GQVER SEALS FRONT HALF 1 KIT,' FRQNT OfL SEAL DT4fifi I BOLT M16 X 66MM - 12PT 1 BOLT M20 X 70 MM 5 RING, "O" #210,734" X.873" 1 GASKET 518 ELIMINATOR 50 MILLfLETER 1 KIT" OfL FILTER LONG 30) OIL 5) COOLANT 8 BOLT, FLANGE 3 HOSE,HEATER 1 GASKET HIGH PRESSURE PUMP 1 GASKET AIR COMPRESSOR 4 RING, "O" 4 LINED HOSE CLAMPS SAE 44 Automatic Belt Tensioner And /Or Idler Pulley, Replace $234,00 $236.84 $Q00 $470,84 (1) TENSIONER, BELT (1 BELT, FAN RIBBED W" 8 PACK2072 MM Notes; (512812014 91:04 AM] - Deafer- CHECK AND ADVISE ENGINE HAS A Parts: $956,30 COOL4NTAND AN OIL LEAK. CoCe: $0 c0 Labor: $2,344.00 Shop.: $50.00 Flit Tax: $0.00 TOTAL: $3,346.30 This estimate is subject to teardown and Inspection and Is vaild for 30 days from date above. f, the undersigned, authorize you to perform the repairs and furnish the necessary materials, I understand any casts verbally quoted are an estimate only and not binding. Your employees may operate vehicle for Inspecting, testing and delivery at my rlsl<. You will not be responsible for loss or damage to vehicle or articles left In it. AUTHORIZED BY: DATE~ I I Generated by On Command Repair Management Currency: USD Page : 1 of 1 Copyright 2009 -2014 Navistar Inc, All rights reserved, PARTS GROUP Navistar, Inc. 2701 Navistar Drive Lisle, IL 60532 USA Michael A Cicerchia Parts Sales Manager February 28, 2:014 To Whom It May Concern, This letter is to inform all Parties that Rechtien International Truck, with Facilities in the following locations; 2565 SR 84, Fort Lauderdale, Florida, 7227 NW 74'h Ave., Miami, Florida, 3787 Interstate Park Rd., Riviera Beach, Florida 1699 N. US 1, Fort Pierce, Florida Is International Truck and Engine Corporation I Navistar.lnc.'s only authorized Dealer for all International I Navistar related Trucks; Parts, Service, Sales and Warranty in the Southeast Region of the State of Florida. Thank You. Sincerely, wow '4' %ie�nelsce� Michael A. Cicerchia Parts Sales Manager; South -East Region Navistar Inc. International Truck and Engine Corporation Cell # 224-532 -7081 mi chael.cicerchia @ navistar. corn 11:38:12 * * * P I C K T I C K E T INVOICE NO. 369360 RECHTIEN PALM BEACH REF NO. 369360 CUST N0, A18740 SALE TYPE CHG -N /T SOLD TO: SHIP TO: CITY OF DELRAY BEACH FROM FTP- CAROL; ATTN: ACCTS PAYABLE 100 NW 1ST AVE DELRAY BEACH, FL 33444 (551 )243 -7132 20 JUN 14 PAGE 1 OF 1 PO N0, 201167 EMP. 134 SHIP VIA DEL PC BIN..... PART- NO......... DESC....... Q.O. Q.S. LIST..... SALE..... NET -SALE. 1 2595485092 CUSHION 1 1 421.42 302.73 302.73 FREIGHT: 0.00 TAX: 0.00 TOTAL: 302.73 Rumell, Kevin From: Stewart, Terrance Sent: Friday, June 20, 2014 5:12 PM To: Krejcarek, Randal Cc: Rumell, Kevin; Nadal, Patsy; Warner, Jack Subject: RE: Emergency Part Purchase - Rechtien international Randal, Thank you for the follow up. Because this is for an emergency medical response vehicle, I concur with your assessment that this circumstance constitutes an emergency purchase and support moving forward with it in order to get the vehicle back in service ASAP. 7elhry Stewart hite) -bn. City -Alla?iager (561)243 -7010 steii,artPii,t ideCra,tlbeacf.con,. From: Krejcarek, Randal Sent: Friday, June 20, 2014 2:41 PM To: Stewart, Terrance Cc: Rumell, Kevin Subject: FW: Emergency Part Purchase- Rechtien international Importance: High The truck is on an international chassis and only international seat will work. The justification for this emergency purchase is listed below. Please approve. Thank you. Randal L. Krejcarek, P.E. LEER AP, LISP Delray Beach, FL Ph: 561.243.7322 Fx: 561.243.7060 kreicarek(WybelrayBeach.com PUBLIC RECORDS NOTE: Florida has a very broad public records taw. Most written communications to or from local officials, employees, or the general public regarding city business are public records available to the public and media upon request. Your e- mail communications may therefore be subject to public disclosure. From: Rumell, Kevin Sent: Friday, June 20, 2014 12:22 PM To: Krejcarek, Randal Cc: Majtenyi, Victor Subject: Emergency Part Purchase- Rechtien international Importance: High Randal: 1 On behalf of the Fire Department, I am seeking approval to purchase a part from Rechtien International on an emergency basis for one of our Fire Rescue Ambulances, #201167. 1 know that the City Manager will need to approve this purchase. While on a medical call, Fire Dept. was transporting a patient and allowed the patient's family member to accompany them to the hospital, riding in the passenger seat of the truck cab. While in route to the hospital, the family member defecated on the seat in the truck cab. Attempts have been made to have the seat cleaned, but unfortunately some of the fecal matter has soaked into the seat cushion and actually became worse after the attempted cleaning. This presents a bio- hazard to others operating the truck, not to mention the unpleasant odor present in the cab. We are currently over the $40,000 spending cap that we have authorization for with Rechtien International. However there is an agenda item prepared for the July 15, 2014 Commission meeting seeking an increase to $80,000 for this vendor, which Jack Warner has already signed off on. This is an International truck cab, and as a sole source vendor for International, Rechtien has a sole source letter on file with our Purchasing Department. The cost for this part is $302.73, and is available for delivery on Monday morning (see attached quote). There are no other issues with this Ambulance, and this is keeping this unit out of service until the seat cushion can be replaced. Please advise as soon as possible. Kevin G. Rumell Fleet Maintenance Superintendent City of Delray Beach Office (561) 243 -7333 Cell (561) 665 -1115 Fax (561) 272 -5366 Email rumen @mydeiraybeach.com Certified y AutornotiVe Fleet Specialist `5e3E An ASE Blue Seal Certified Facility PUBLIC RECORDS NOTE: Florida has a very broad public records law. Most written communications to or from local officials, employees, or the general public regarding city business are public records available to the public and media upon request. Your e- mail communications may therefore be subject to public disclosure. MEMORANDUM TO: Mayor and City Commissioners FROM: Community Improvement THROUGH: Terry Stewart, Interim City Manager DATE: June 17, 2014 SUBJECT: AGENDA ITEM 8.C. - REGULAR COMMISSION MEETING OF JULY 1, 2014 RESOLUTION NO. 32-14/ NAMING OF PUBLIC FACILITY REVEREND J.W.H. THOMAS JR. PARK BACKGROUND The Commission adopted a policy on the naming of public facilities at the regular meeting of December 4, 2012. The policy established procedures to govern the honorary naming of public facilities, adding meaning and significance to minimize conflict and provides a forum for meaningful discussion regarding naming. The formal letter of recommendation to name the Pocket Park that will be constructed at SW 9th Avenue and SW 1st Street in honor of Reverend J.W.H. Thomas, Jr. was submitted to the City in April, 2014 by Reverend Dr. Howard B. Barr, Jr., Pastor of the St. Paul Missionary Baptist Church. The construction of the park is scheduled to begin within the next couple of months. The property is currently owned and planned improvements funded by the Community Redevelopment Agency (CRA). The park will be deeded over to the City when completed. The CRA Board agreed, at its regular meeting on May 22, 2014, to support the City moving forward with the naming of this public facility and acknowledged their support of the recommended honorary name. Pursuant to the policy, the Facility Naming Committee was formed and the participants were: 1) Jeff Costello, Assistant Director, CRA 2) Suzanne Davis, Director, Parks & Recreation 3) Patricia Wright, Community at Large 4) Zack Straghn, the Elders Group 5) Josh Smith, the Elders Group 6) Rev. Dr. Howard Barr, Jr, Pastor, St. Paul Missionary Baptist Church 7) Lawrence Strainge, St. Paul Missionary Baptist Church 8) Lula Butler, Director, Community Improvement Reverend Barr presented a compelling list of credentials, services to this community, character and reputation of Reverend J.W.H. Thomas, Jr., to the committee. Each participant commented on their working knowledge and association with his work. The committee was unanimous in their recommendation to the Commission to name the SW 9th Avenue and SW 1St Street Pocket Park, the Reverend J.W.H. Thomas, Jr. Park. DISCUSSION Consideration by the Commission to approve Resolution No. 32 -14 naming the SW 9th Avenue and SW 1St Street Pocket Park, the Reverend J.W.H. Thomas, Jr. Park. OPERATING COST There are no operating costs associated with this request. TIMING OF THE REQUEST This item is not time sensitive. RECOMMENDATION The Facility Naming Committee is recommending approval to name the SW 9th Avenue and SW 1st Street Pocket Park, the Reverend J.W.H. Thomas, Jr. Park. RESOLUTION NO. 32 -14 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING REVEREND J.W.H. THOMAS, JR. BY NAMING THE SW 9TH AVENUE AND SW 1sT STREET POCKET PARK IN DELRAY BEACH, FLORIDA, THE "REVEREND J.W.H. THOMAS, JR. PARK; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Community Redevelopment Agency (CRA) currently owns the property located at SW 9t' Avenue and SW V Street; and WHEREAS, the City Commission of the City of Delray Beach adopted a policy regarding the naming of public facilities on December 12, 2014. WHEREAS, pursuant to this policy, the City Facility Naming Committee recommended that the pocket park that will be constructed at SW 9`'' Avenue and SW 1s` Street be named after Reverend J.W.H Thomas, Jr. after receiving a letter outlining his significant contributions to the Community as an educator, a Man of Faith, a community servant, and a military hero. WHEREAS, the CRA Board agreed to support the recommended honorary name for this park at its board meeting held on May 22, 2014. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the above recitals are incorporated as if fully set forth herein. Section 2. That the City Commission shall honor Reverend J.W.H. Thomas Jr. by naming the SW 9`'' Avenue and SW 1s` Street Pocket Park in Delray Beach, Florida, the "Reverend J.W.H. Thomas, Jr. Park ". Section 3. This resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED in regular session on this the 1s` day of July 2014. ATTEST: City Clerk MAYOR RES. NO. 6 -05 Saint cPaufWissionary Baptist Church 46 Southwest 10 th Avenue Delray Beach, Florida 33444 Office: 561 -278 -7149 * Fax: 561- 278 -7171 Dr. YfowardB. Garr, jr,, Senior Tastor Deacon Samuel Strainge Chairman of Deacons Deacon Artis Johnson Chairman of Trustees Sister Lotion Strainge Church Clerk Deacon Leroy Harrison Church Treasurer Sister Amanda Wallace Financial Chair Monday, April 21, 2014 The Honorable Cary Glickstein & City Commissioners City Hall 100 N. W. I't Avenue Delray Beach, FL 33444 Reverend Dr. Howard B. Barr, Jr. St. Paul Missionary Baptist Church 46. S.W. 10' Ave. Delray Beach, FL 33444 RE: Policy On Naming of Public Facilities (Unnamed Park on S.W. 9h Ave. and S.W. 1St Street) Dear Mayor Glickstein & City Commissioners, My name is Dr. Howard B. Barr, Jr. I serve in the capacity of Senior Pastor for St. Paul Missionary Baptist Church in Delray Beach, FL. First of all, I commend you for your service to the residents of Delray Beach., FL. I am also grateful for the opportunity to collaborate with each of you particularly during the Palm Beach County municipal elections. As a servant leader and community advocate, I would like to express my interest in continuing the collaborative partnership we have initiated. With this idea in mind, I enlist your support in the recommendation and designation of the current construction site identified as Avenue Parking Lot & Pocket Park located in Delray Beach on S.W. 9th Ave. and S. W. 1 St Street as a public facility honoring Reverend J. W.H. Thomas, Jr. Per our meeting held on Wednesday, March 25, 2014, and in response to the successive email pertaining to the matter of Policy On Naming of Public Facilities, I write this letter to elaborate on the achievements and accomplishments of Reverend J.W.H. Thomas, Jr. As an Educator, "Reverend Thomas" as he was affectionately referred to by the congregation and community -at- large, earned dual undergraduate Bachelor's degrees from Bethune- Cookman College in coursework areas of social studies and elementary education. "Reverend Thomas" furthered his education through graduate study (ies) coursework at the following institutions of higher learning Florida A &M, Florida State, Marquette, and Hampton Universities respectively. Saint (Paul Missionary Baptist Church 46 Southwest l Oth Avenue Delray Beach, Florida 33444 Office: 561- 278 -7149 * Fax: 561 -278 -7171 Dr. Ylowanf B. Barr, Jr, Senior Pastor Deacon Samuel Strainge Chairman of Deacons Deacon Artls Johnson Chairman of Trustees Sister Lorious Strainge Church Clerk Deacon Leroy Harrison Church Treasurer Sister Amanda Wallace Financial Chair "Reverend Thomas" used the knowledge and training he obtained to motivate and educate children as a thirty -year educator with the Florida Public School System until his retirement in 1981. As a Man of Faith, Reverend Thomas' years of service to the pastoral ministry began in 1955 at Shiloh Missionary Baptist Church in Daytona Beach, FL. Following his relocation to (the city of) Delray Beach in 1959, "Reverend Thomas" received frequent invitations to speak for various church engagements hosted by St. Paul Missionary Baptist Church. He was eventually selected to pastor St. Paul Missionary Baptist Church. Following his 46 -year pastoral tenure, Reverend Thomas retired in 2007, but he continued to serve the congregation of his beloved St. Paul Missionary Baptist Church in the capacity of Pastor Emeritus. As a Community Servant, "Reverend Thomas" revealed his character by seizing every moment to show love to his fellowman. He was steadfast in his conviction to serve in numerous ways including standing on the frontline to speak for community issues and serving in countless organizations to improve living conditions for citizens of the community. "Reverend Thomas" was also known as the "tri -city area community pastor ". He earned a reputation for living random acts of kindness. The community he lived in, loved, served and actively committed himself to through ministry and community affiliated efforts remembered his civic engagement activities. The citizens honored him by spearheading efforts to ensure that his name was attributed to the Delray Beach Housing Authority Building (Carver Estates Development). As an American Hero, "Reverend Thomas" encouraged those around him during his military service by remaining upbeat and maintaining a calm demeanor. While serving in the United States Army some of the U.S. Troops were afraid they would never return. Reverend Thomas' philosophy was simple, "...Whether north, south, east, or west- -every territory belonged to God, he knew he was in good hands." In closing, I am seeking your support in the following endeavor, recommendation and designation of Reverend J.W.H. Thomas, Jr. as the honoree for the aforementioned construction site project in the vicinity of St. Paul Missionary Baptist Church. I believe Reverend J.W.H. Thomas, Jr., is worthy of such an honor based upon our meeting related to this issue, previous discussion(s) and established criteria specified in the successive email. Again, I thank you for your consideration and await your timely response. Sincerely C Reverend Dr. Howard B. Barr, r. MEMORANDUM TO: Mayor and City Commissioners FROM: Terrill Pyburn, Interim City Attorney DATE: June 18, 2014 SUBJECT: AGENDA ITEM 8.D. - REGULAR COMMISSION MEETING OF JULY 1, 2014 AMENDMENT NO. 1 TO THE AGREEMENT FOR STATE PROFESSIONAL LOBBYING SERVICES /BALLARD PARTNERS BACKGROUND This Amendment No. 1 to the agreement beteween the City of Delray Beach and Ballard partners for State Professional Lobbying Services is before the Commission in order for the Commission to consider extending the State Professional Lobbying Service agreement that the city currently has with Ballard Partners that is scheduled to expire on August 7, 2014. The Amendment renews the term of the contract for one (1) year. The contract allows for up to three (3) renewals for one (1) year. This is a renewal that is permitted per our Purchasing Code, Section 36.07 (A)(3), "Renewals ". FINANCIAL DEPARTMENT REVIEW Finance recommends approval. DISCUSSION This item before the Commission is a request for approval of Amendment No. 1 to the agreement with Ballard Partners. TIMING OF THE REQUEST This agreement will expire on August 7, 2014. RECOMMENDATION Staff recommends City Commission approval of Amendment No. 1. AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND BALLARD PARTNERS FOR STATE PROFESSIONAL LOBBYING SERVICES THIS AMENDMENT NO. 1 to the Agreement for State Professional Lobbying Services between the City of Delray Beach and Ballard Partners dated August 7, 2013, is entered into by and between BALLARD PARTNERS, hereinafter referred to as "Contractor' and the CITY OF DELRAY BEACH, a Florida municipal corporation, hereinafter referred to as "City ") under the following terms and conditions: WITNESSETH: WHEREAS, the City and Contractor mutually covenant and agree to amend and modify the Agreement for State Professional Lobbying Services entered into on August 7, 2013, in order to exercise the renewal option in the contract by extending the term for one (1) year. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows: 1. The recitations referred to above are hereby incorporated as if fully set forth herein. 2. Paragraph 3 of the Agreement for State Professional Lobbying Services shall hereby be amended to read as follows: 3. The term of this contract shall commence upon execution by both parties and extend e4* for one (1) two 2 years from the date of the execution of the contract. The parties may agree to renew the contract, at the same terms, conditions and prices(s) for up to three -(3) two 2 consecutive terms of one (1) year. Any such renewal must be approved by the City Commission. 3. All other terms and conditions of the Agreement for State Professional Lobbying Services dated August 7, 2013 not in conflict with this Addendum No. 1 shall remain in full force and effect and are incorporated herein. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to be duly executed this day of , 2014. ATTEST: CITY OF DELRAY BEACH, FLORIDA City Clerk Approved as to Form: City Attorney WITNESS: Print Name: STATE OF FLORIDA COUNTY OF M Cary D. Glickstein, Mayor BALLARD PARTNERS Brian D•. Ballard, President Date Signed: The foregoing instrument was acknowledged before me this day of , 2014, by Brian D. Ballard, President of Ballard Partners, a Florida corporation, on behalf of the corporation. He is personally known to me or has produced as identification. Signature of Notary Public - State of Florida 2 STANDARD FORM OF AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND BALLARD PARTNERS FOR STATE PROFESSIONAL LOBBYING SERVICES THIS AGREEMENT made this day of AAA , 2013, by and between the CITY OF DELRAY BEACH, FLORIDA (he� inafter called CITY), and BALLARD PARTNERS (hereinafter called CONTRACTOR). WITNESSETH: WHEREAS, the CITY prepared a Request for Proposal (RFP 92013 -52) for Professional State Lobbying Services; and .WHEREAS, the CONTRACTOR submitted a Proposal to the CITY and was selected by the CITY as the best and most qualified applicant; and WHEREAS, the CITY and CONTRACTOR have negotiated mutually satisfactory terms for the execution of this Project. NOW, THEREFORE, in consideration of the promises set forth in the Agreement and for other good and valuable consideration, the receipt of which is hereby acknowledged, and intending to be legally bound, the parties further hereto agree as follows: 1. CONTRACTOR agrees to provide state lobbying services by representing the CITY'S interests with regard to the issue of "Sober Houses" before the Department of Children and Families ( "DCF ") and /or applicable State Agency and the Florida House of Representatives and Florida Senate and to keep the CITY informed as to the status of all work performed on the CITY'S behalf via oral or written communication to be provided to the CITY at least one (1) time per month. 2. The Contract between the CITY and the CONTRACTOR shall include the following documents which are attached hereto and incorporated herein by reference: CONTRACT DOCUMENTS Standard Form of Agreement Corporate Acknowledgment Certificate (If Corporation) Schedule of Pricing PAGE NUMBERS 1 4 5 6 3. The term of this contract shall commence upon execution by both parties and extend until one (1) year from the date of the execution of the contract. The parties may agree to renew the contract, at the same terms, conditions and price(s) for up to three (3) consecutive terms of one (1) year. Any such renewal must be approved by the City Commission. 4. This agreement shall be governed by the laws of the State of Florida as now and hereafter in force. The venue for actions arising out of this agreement shall be Palm Beach County, Florida. 5. All notices, requests, demands, and other given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses to: As to City- City of Delray Beach, Florida Attn: Finance Department 100 N.W. It" Avenue Delray Beach, Florida 33444 As to Contractor: Ballard Partners Attn: Brian D. Ballard 403 East Park Avenue Tallahassee, FL 32301 6. 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. 7. The CITY and the CONTRACTOR each binds himself /herself, his/her partners, successors, assigns and legal representatives to other party hereto in respect to all covenants, agreements and obligations contained in the contract documents. 8. The CONTRACTOR for good and valuable consideration shall indemnify, defend and save harmless the CITY, its officer's, agents and employees from or on account of any claims, damages, received or sustained by any person or persons resulting from CONTRACTOR'S work; or by or in consequence of negligence in connection with the same, or by or on account of any act or omission of the said CONTRACTOR or his subcontractors, agents, servants or employees. CONTRACTOR agrees to defend, indemnify and save harmless the CITY, its officers, agents and employees, against any liability arising from or based upon the violation of any federal, state, county or city laws, by -laws, ordinances or regulations by the CONTRACTOR, his subcontractors, agents, servants or employees. The indemnification provided above shall obligate the CONTRACTOR to defend at their own expense or to provide for such defense, at the CITY'S option, any and all claims or liability and all suits and actions of every name and description that may be brought against the CITY, its officers, agents, or employees which may result from the 2 operations and activities under this contract whether the work be performed by the CONTRACTOR, his subcontractor or by anyone directly or indirectly employed by either. This indemnification includes all costs and fees including attorney's fees and costs at trial and appellate levels. 9. This Agreement shall be considered null and void unless signed by both the CONTRACTOR and the CITY. 10. This Agreement may be terminated by cause by either party upon seven (7) days advanced written notice of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. CITY shall have the right to terminate this Agreement or suspend performance thereof without cause upon fourteen (14) days written notice to CONTRACTOR, and CONTRACTOR shall terminate or suspend performance of services on a schedule acceptable to the CITY or at the end of the fourteen (14) day period, at the option of the CITY. In the event of termination or suspension, the CITY shall pay CONTRACTOR for all services performed through the date of notice of termination or suspension. CONTRACTOR shall provide CITY with a complete file of all accounts notified, up to the termination date, which remains unpaid. 11. The CONTRACTOR shall notify the particular contact person for the CITY as determined by the CITY and based upon the information required. 12. 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, al no cost, to the CITY all records in possession of the CONTRACTOR at the termination of the CONTRACTOR 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 3 is compatible with the information technology systems of the CITY. All records shall be transferred to the CITY prior to final payment 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. 93. The contract documents constitutes the entire agreement between the CITY and the CONTRACTOR and may only be altered, amended, or repealed by a duly executed written instrument. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the day and year first above written. ATTEST: City Clerk Approved as to form: k0+1 ity Attorney` �3 4 CITY OF_PY BEACH RIDA By: a . Glickstein, Mayor WITNESS: (P in )or type name and title) SSIG- AMT CORPORATE ACKNOWLEDGEMENT STATE OF FLOfjZIDA COUNTY OF If On The foregoing instrument was ackaowledgeq b re me this LSD- day of 2013, by 7 io �. 1 " (name of off"Iter or agent, title of officer or agent), of 1 XjaI35 a (state or place of incorporation) corporation, on behalf of the corporation. He /shm is ersonail known ) (or has produced identification) and has used his/her (typV of i ntification) as identification. �" — _ A SHMNA KAYE CMVVLEY ignature of Person Taking _ :� Commission # EE 034213 A owledgm ent K CMIAAV Yom, �Me �C' �r RA Name of Acknowled er g Typed, Printed or Stamped 5 CERTIFICATE (IF CORPORATION) STATE OF FL RIDA ) COUNTY OF f r�n} I HEREBY CERTIFY that a meeting of the Board of Directors of tc'S , a corporation under the laws of the State of held on 2013, the following resolution was duly passed and adopted: "RESOLVED ", that 1. -?=I Gtr , as President of the corporation, help is hereby authorized to execute the Agreement dated „ , 2013, between the City of Delray Beach, Florida and this corporatiorY, and that his /her execution thereof, attested by the Secretary of the Corporation and with corporate seal affixed, shall be the official act and deed of this corporation ". further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have reunto set my hand and affixed the official seal of the corporation this � day of - .2013. O-e..A- tom, (Secretary) 0 SCHEDULE OF PRICING Professional State Lobbying Services Price shall be Fifteen Thousand Dollars ($15,000.00) for the year payable as follows: One Thousand Two Hundred Fifty Dollars ($1,250.00) to be paid to CONTRACTOR within seven (7) days of execution of this Agreement and One Thousand Two Hundred Fifty Dollars ($1,250.00) to be paid to CONTRACTOR monthly by the fifteenth of every month for twelve (12) months from the date of execution. Costs and expenses up to Two Hundred Fifty Dollars ($250.00) shall be reimbursed to CONTRACTOR within thirty (30) days of submission of any invoice for same. Any costs in excess of Two Hundred Fifty Dollars ($250.00) shall require prior approval by the City Commission. 7 MEMORANDUM TO: Mayor and City Commissioners FROM: Terrill Pyburn, Interim City Attorney DATE: June 18, 2014 SUBJECT: AGENDA ITEM 8.E. - REGULAR COMMISSION MEETING OF JULY 1, 2014 AMENDMENT NO.2 TO THE AGREEMENT FOR PROFESSIONAL LOBBYING SERVICES /BECKER & POLIAKOFF BACKGROUND This Amendment No. 2 to the Agreement between the City of Delray Beach and Becker & Poliakoff for Federal Professional Lobbying Services is before the Commission in order for the Commission to consider extending the Federal Professional Lobbying Service agreement that the city currently has with Becker & Poliakoff that is scheduled to expire on July 17, 2014. The Amendment renews the term of the contract for one (1) year. The contract allows for up to three (3) renewals for one (1) year. This is a renewal that is permitted per our Purchasing Ordinance, Section 36.07(A)(3), "Renewals ". FINANCIAL DEPARTMENT REVIEW Finance recommends approval. DISCUSSION The item before the Commission is a request for approval of Amendment No. 2. TIMING OF THE REOUEST This agreement will expire on July 17, 2014. RECOMMENDATION Staff recommends City Commission approval of Amendment No. 2 to the Agreement with Becker & Poliakoff. AMENDMENT NO. 2 TO AGREEMENT FOR PROFESSIONAL FEDERAL LOBBYING SERVICES THIS AMENDMENT NO. 2 to the Consulting Agreement of July 17, 2013 is entered into by and between BECKER & POLIAKOFF, hereinafter referred to as "Contractor" and the CITY OF DELRAY BEACH, a Florida municipal corporation, hereinafter referred to as "City ") under the following terms and conditions: WITNESSETH: WHEREAS, the City and Contractor mutually covenant and agree to amend and modify the Agreement entered into on July 17 2013, in order to exercise the renewal option in the contract by extending the term for one (1) year. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows: 1. The recitations referred to above are hereby incorporated as if Fully set forth herein. 2. Paragraph 3 of the Agreement for Professional Federal Lobbying Services shall hereby be amended to read as follows: 3. The term of this contract shall commence upon execution by both parties and extend e ems' two 2 years from the date of the execution of the contract. The parties may agree to renew the contract, at the same terms, conditions and prices(s) for up to three -(3) two (2) consecutive terms of one (1) year. Any such renewal must be approved by the City Commission. 3. All other terms and conditions of the Agreement for Professional Federal Lobbying Services dated July 13, 2013 and Amendment No. 1 to Agreement for Professional Federal Lobbying Services dated August 22, 2013 not in conflict with this Addendum No. 2 shall remain in full force and effect and are incorporated herein. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 2 to be duly executed this day of ATTEST: 2014. CITY OF DELRAY BEACH, FLORIDA By: City Clerk Cary D. Glickstein, Mayor Approved as to Form: City Attorney WITNESSES: BECKER & POLIAKOFF By: Print Name: Print Name: Title Date Signed: Print Name: STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of 2014, by , as (name of officer or agent, title of officer or agent), of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He /She is personally known to me or has produced as identification. Signature of Notary Public - State of Florida 2 AMENDMENT NO. 1 TO AGREEMENT FOR PROFESSIONAL FEDERAL LOBBYING SERVICES THIS AMENDMENT NO. 1 to the Consulting Agreement of `iae%, �_ } °� c J �•� is entered into by and between BECKER & POLIAKOFF, hereinafter referred to as "Contractor" and the CITY OF DELRAY BEACH, a Florida municipal corporation, hereinafter referred to as "City ") under the following terms and conditions: WITNESSETH: WHEREAS, the City and Contractor mutually covenant and agree to amend and modify the Agreement entered into on ; U G . , 2013, in order to provide for inclusion of new statutory language regarding public records requirements. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows: 1. The recitations referred to above are hereby incorporated as if fully set forth herein. 2. Paragraph 4 of the Agreement for Professional Federal Lobbying Services shall hereby be amended to read as follows: This Agreement shall be governed by the laws of the State of Florida as now and hereafter in force. 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 Contractor 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 being made to the Contractor. ee) 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. The venue for actions arising out of this Agreement shall be Palm Beach County, Florida. 3. All other terms and conditions of the Agreement for Professional Federal Lobbying Services dated Yt , 2013 not in conflict with this Addendum No. 1 shall remain in full force and effect and are incorporated herein. IN WITNESS WHERE F, the parties hereto have caused this Amendment No to be duly executed this day of , 2013. ATTEST: CITY OF D By: City Clerk 0 ary Approved as to For Minty Attorney 2 BEACH, FLORIDA Glickstein, Mayor WITNESSES: Print Name: Colleen LaPlant F'Vin-t Name: Janet Capote STATE OF FLORIDA COUNTY OF sc� BECKOFF /�l : Na S n . Lesser Secretary Date Signed: July 19, 2013 The foregoing instrument was acknowledged before me this 19th day of July, 2013, by Steven B. Lesser as Secretary (name of officer or agent, title of officer or agent), of Becker & Poliakoff, P.A. (name of corporation acknowledging), a Florida (state or place of incorporation) corporation, on behalf of the corporation. He is personally known to me. gCOLLEEN WLANT �� Commissi on # EE 880483 Expires June 18, 2017 9ond.d 11.,m * : y FRb Insur&Va 60038 &7019 NM7il�4ia.��M1� ! Signature of Notary Public - State of Florida 3 STANDARD FORM OF AGREEMENT BETWEEN CITY AND CONTRACTOR THIS AGREEMENT made this 17th day of July , 2013, by and between the CITY OF DELRAY BEACH (hereinafter called CITY) and Becker & Poliakoff. P.A. (hereinafter called CONTRACTOR). WITNESSETH: WHEREAS, the CITY prepared a Request for Qualifications (RFP #2013 -46) for Professional Federal Lobbying Services; and WHEREAS, the CONTRACTOR submitted a Proposal to the CITY and was selected by the CITY as the best and most qualified applicant; and WHEREAS, the CITY and CONTRACTOR have negotiated mutually satisfactory terms for the execution of this Project. NOW, THEREFORE, in consideration of the promises set forth in the Agreement and for other good and valuable consideration, the receipt of which is hereby acknowledged, and intending to be legally bound, the parties further hereto agree as follows: 1. CONTRACTOR agrees to provide federal lobbying services by representing the CITY'S interests before the Federal Administration and /or applicable Federal.Agency and U.S. Congress (House of Representatives and Senate) in accordance with the Scope of Work specifically stated in Exhibit "1" and to keep the CITY informed as to the status of all work performed on the CITY's behalf via oral or written communication to be provided to the CITY at least one (1) time per month. 2, The Contract between the CITY and the CONTRACTOR shall include the following documents which are attached hereto and incorporated herein by reference: CONTRACT DOCUMENTS PAGE NUMBERS Invitation to Bid 1 General Conditions, Instructions and Information 2.4 Cone of Silence 5 Standard Form of Agreement 6-8 Corporate Acknowledgment g Certificate (If Corporation) 10 Scope of Work 11 Schedule of Pricing 12 References 13 Exhibit 1 — Scope of Work 14 Bid Signature Form 15 Statement of No Bid 16 3. The term of this contract shall commence upon execution by both parties and extend until one (1) year from the date of the execution of the contract. The parties may agree to renew the contract, at the same terms, conditions and price(s) for up to three (3) consecutive terms of one (1) year. Any such renewal must be approved by the City Commission. 6 1,, 4. This agreement shall be governed by the laws of the State of Florida as now and hereafter in force. The venue for actions arising out of this agreement shall be Palm Beach County, Florida. 5. All notices, requests, demands, and other given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses to: As to City: City of Delray Beach, Florida Attn: Finance Department 100 N.W. 151 Avenue Delray Beach, Florida 33444 As to Contractor: BerkPr R %liakoff, P A Attn: Neil M. Schiller 3111 Stirling Road Fort Lauderdale, Florida 33312 6. 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. 7. The CITY and the CONTRACTOR each binds himself /herself, his /her partners, successors, assigns and legal representatives to other party hereto in respect to all covenants, agreements and obligations contained in the contract documents. 8. The CONTRACTOR for good and valuable consideration shall indemnify, defend and save harmless the CITY, its officer's, agents and employees from or on account of any claims, damages, received or sustained by any person or persons resulting from CONTRACTOR'S work; or by or in consequence of negligence in connection with the same, or by or on account of any act or omission of the said CONTRACTOR or his subcontractors, agents, servants or employees. CONTRACTOR agrees to defend, indemnify and save harmless the CITY, its officers, agents and employees, against any liability arising from or based upon the violation of any federal, state, county or city laws, by -laws, ordinances or regulations by the CONTRACTOR, his subcontractors, agents, servants or employees. The indemnification provided above shall obligate the CONTRACTOR to defend at their own expense or to provide for such defense, at the CITY'S option, any and all claims or liability and all suits and actions of every name and description that may be brought against the CITY, its officers, agents, or employees which may result from the operations and activities under this contract whether the work be performed by the CONTRACTOR, his subcontractor or by anyone directly or indirectly employed by either. This indemnification includes all costs and fees including attorney's fees and costs at trial and appellate levels. 9. This Agreement shall be considered null and void unless signed by both the CONTRACTOR and the OWNER. 7 'Po c 10. This Agreement may be terminated by cause by either party upon seven (7) days advanced written notice of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. CITY shall have the right to terminate this Agreement or suspend performance thereof without cause upon fourteen (14) days written notice to CONTRACTOR, and CONTRACTOR shall terminate or suspend performance of services on a schedule acceptable to the CITY or at the end of the fourteen (14) day period, at the option of the CITY. In the event of termination or suspension, the CITY shall pay CONTRACTOR for all services performed through the date of notice of termination or suspension. CONTRACTOR shall provide CITY with a complete file of all accounts notified, up to the termination date, which remains unpaid. 11. The CONTRACTOR shall notify the particular contact person for the CITY as determined by the CITY and based upon the information required. 12. The contract documents constitutes the entire agreement between the CITY and the CONTRACTOR and may only be' altered, amended or repealed by a duly executed written instrument. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the day and year first above written ATTEST: ity Clerk Approved as to form, Poof,city Attorney + 3 WITNESS: &60e,er, �-a Pla- (Print or type name and title) CITY OF DEAY BEACH FLORIDA By: I -� a D. Glickstein, Mayor CONT T Iq 7 BY: Nail Schiller Pso Shareholder (Print or type name and title) 81Pa;;_.e CORPORATE ACKNOWLEDGEMENT STATE OF Flnriria COUNTY OF Droward The foregoing instrument was acknowledged before me this 17th day of .1111V 1 20j3__, by Neil Schiller, Shareholder (name of officer or agent, title of officer or agent), of Florida (state or place of incorporation) corporation, on behalf of the corporation, He /She is (personally known to me) (or has produced identification) and has used his /her (type of identification) as identification. a Signature of Person Taking Acknowledgment C-t" L I e -e-n �- - P Name of Acknowledger Typed, Printed or Stamped Commission 9 E 880483 Expires June 16, 2017 it P,f;;1••� B.,&dTMImyFahYwrrneB009BS101Y 911,age WHEREAS, for over 100 years, the Olympic movement has built a more peaceful and better world by educating young people through amateur athletics, by bringing together athletes from many countries in friendly competition, and by forging new relationships bound by friendship, solidarity, and fair play; and WHEREAS, the United States Olympic Committee is dedicated to coordinating and developing amateur athletic activity in the United States to foster productive working relationships among sports- related organizations; and WHEREAS, the City of Delray Beach Parks and Recreation Department promotes and supports amateur athletic activities involving Olympic sport; and WHEREAS, the City of Delray Beach Parks and Recreation Department promotes and encourages physical fitness and public participation in amateur athletic activities; and WHEREAS, the City of Delray Beach Parks and Recreation Department assists organizations and person concerned with sports in the development of athletic programs for able- bodied and disabled athletes regardless of age, race, or gender; and WHEREAS, June 23rd is the anniversary of the founding of the modern Olympic movement, representing the date on which the Congress of Paris approved the proposal of Pierre de Coubertin to found the modern Olympics. NOW, THEREFORE, I, CARY D. GLICKSTEIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim June 23, 2014, as: OLYMPIC DAY in the City of Delray Beach and urge all citizens to observe the anniversary of modern Olympics with group sports activities and competitions. 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 1s1 day of July, 2014. CARY D. GLICKSTEIN MAYOR WHEREAS, parks and recreation programs are an integral part of communities throughout this country, including Delray Beach; and WHEREAS, our parks and recreation are vitally important to establishing and maintaining the quality of life in our communities, ensuring the health of all citizens, and contributing to the economic and environmental well -being of a community and region; and WHEREAS, parks and recreation programs build healthy, active communities that aid in the prevention of chronic disease, provide therapeutic recreation services for those who are mentally or physically disabled, and also improve the mental and emotional health of all citizens; and WHEREAS, parks and recreation programs increase a community's economic prosperity through increased property values, expansion of the local tax base, increased tourism, the attraction and retention of businesses, and crime reduction; and WHEREAS, parks and recreation areas are fundamental to the environmental well -being of our community; and WHEREAS, parks and natural recreation areas improve water quality, protect groundwater, prevent flooding, improve the quality of the air we breathe, provide vegetative buffers to development, and produce habitat for wildlife; and WHEREAS, our parks and natural recreation areas ensure the ecological beauty of our community and provide a place for children and adults to connect with nature and recreate outdoors. 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 July as: PARKS AND RECREATION MONTH in Delray Beach and urge that attention be directed to the many ways in which parks, recreation and civic groups, public schools, private organizations, and other agencies may expand recreation facilities and programs so that every citizen will have the opportunity to develop meaningful and satisfying leisure activities. 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 Pt day of July, 2014. CARY D. GLICKSTEIN MAYOR WHEREAS, the Discrimination Free Zone Foundation is a non - profit 501(c) (3) public charity whose mission is to silence discriminatory language; and WHEREAS, all people should recognize the harmful and damaging effects of discriminatory language and the importance of fostering an environment of unity, equality and acceptance for everyone; and WHEREAS, our community supports the Discrimination Free Zone Foundation in their mission to end the use of discriminatory language; and WHEREAS, the City of Delray Beach is proud to recognize the positive impact of silencing discriminatory language on the community. NOW, THEREFORE, I, Cary D. Glickstein, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim the City of Delray Beach a: DISCRIMINATION FREE ZONE and in so doing, urge all citizens to support the Foundation's mission of creating a peaceful world free of discriminatory language. 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 1" day of July 2014. CARY D. GLICKSTEIN MAYOR MEMORANDUM TO: Mayor and City Commissioners FROM: Planning and Zoning Department THROUGH: Terry Stewart, Interim City Manager DATE: June 26, 2014 SUBJECT: AGENDA ITEM 8.G. - REGULAR COMMISSION MEETING OF JULY 1, 2014 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS BACKGROUND The action requested of the City Commission is review of appealable actions which were taken by various Boards during the period of June 16, 2014 through June 27, 2014. 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. Planning and Zoning Board Meeting of June 16, 2014 There were no appealable items considered by the Planning and Zoning Board. The following item which was considered by the Board will be forwarded to the City Commission for action: A. Recommended approval (4 to 0, Thuy Shutt, Gerald Franciosa and Dr. Craig Spodak absent) of the final subdivision plat for St. George, a proposed 38 -unit townhouse development located on the east side of North Federal Highway, north of George Bush Boulevard. Site Plan Review and Appearance Board Meeting of June 25, 2014 1. Approved (7 to 0), a request to amend the blanket sign program for Boost Mobile at Delray Beach Shopping Center, located on the west side of North Federal Highway, south of NE 14th Street (1310 North Federal Highway), to allow the tenant sign to exceed the maximum letter height of 18" and to use their corporate colors. 2. Tabled (7 to 0), a master sign program that includes identification signs, freestanding signs and flat wall tenant signs for Delray Place, located at the southeast corner of Linton Boulevard and South Federal Highway (1811 South Federal Highway). 3. Approved with conditions (6 to 1, James Knight dissenting), a Class V site plan and landscape plan associated with the construction of a 284 -unit multiple family residential development for Depot Square Apartments, located between the CSX Railroad and I -95 rights -of -ways. The Board postponed action of the architectural elevation plan on a 6 to 1 vote (James Knight dissenting). 4. Approved with condition (7 to 0), a Class III site plan modification associated with the addition of a walk -in cooler to the rear of the property for Vintage Tap, located on the south side of West Atlantic Avenue, west of SW 5th Avenue (524 West Atlantic Avenue). 5. Approved (7 to 0), a Class II site plan modification associated with hardscape and landscape improvements for a public plaza at the southeast corner of the property and extending along the front of the property adjacent to West Atlantic Avenue for the Delray Beach Fire Rescue Headquarters, located at 501 West Atlantic Avenue (north side of West Atlantic Avenue, between NW 5th and NW 6th Avenues. (This item will be considered by the West Atlantic Redevelopment Coalition [WARC] on July 3, 2014. Should there be any recommendations by WARC that calls the plan to change, reconsideration by SPRAB will be scheduled). 6. Approved (7 to 0), a Class I site plan modification associated with the addition of balconies, windows and doors for Cranes Beach House, located at 82 Gleason Street (northwest corner of Gleason Street and Miramar Drive). 7. Approved (6 to 0, Alice Finst stepped down), a Class I site plan modification associated with architectural elevation changes including the installation of new impact resistant doors, decorative circles and horizontal score lines and color change for the Gracey Building, located at 271 NE 6th Avenue (east side of NE 6th Avenue, north of NE 2nd Street). Historic Preservation Board Meeting of June 18, 2014 8. Approved (6 to 0), a waiver request to LDR Section 4.6.16(H)(3)(i), is to reduce the landscape islands from the required 9' width to 6' in conjunction with the construction of a parking lot at 104 SE 1st Avenue. 9. Approved (6 to 0), a request for a Certificate of Appropriateness for the installation of a 6' high fence (shadowbox) along portions of both the rear (east) and side street (north) property line for 247 NE 1st Avenue. Concurrently, the Board approved a waiver request to LDR Section 4.5.1(E)(3)(a)l.c., to permit a fence measuring 6' within the side - street setback, whereas 4' is the maximum height permitted. DISCUSSION The action requested of the City Commission is review of appealable actions which were taken by various Boards during the period of June 16, 2014 through June 27, 2014. TIMING OF THE REQUEST This item is not time sensitive. RECOMMENDATION By motion, receive and file this report. CITY V COMMISSION MEETING APPEALABLE ITEMS LOCATION MAP JULY 1, 2014 -- -- CITYLIMITS "' ONE MILE PLANNING AND ZONING GRAPHIC SCALE DEPARTMENT SPRAB: �w �w HPB: 1. BOOST MOBILE 5. DELRAY FIRE HQ 8. 104 SE 1 ST AVENUE 2. DELRAY PLACE 6. CRANES BEACH HOUSE 9.247 NE 1ST AVENUE 3. DEPOT SQUARE APARTMENTS 7. GRACEYBUILDING 4. VINTAGE TAP -- DIGITAL BASE MAP SYSTEM -- -- DLS -- MAP REF: S: \Planning & Zoning \DBMS \File— Cab \CC— DDC \7 -1 -14 MEMORANDUM TO: Mayor and City Commissioners FROM: Environmental Services Department Harold Bellinger, Superintendent Streets /Traffic Jim Schmitz, Deputy Director of Public Works Randal Krejcarek, P.E., Environmental Services Director THROUGH: Terry Stewart, Interim City Manager DATE: June 23, 2014 SUBJECT: AGENDA ITEM 8.H.1 - REGULAR COMMISSION MEETING OF JULY 1, 2014 BID AWARD /LAYNE IN -LINER BACKGROUND Request Commission approve a bid award to Layne In -Liner in the amount of $24,740 to rehabilitate deteriorating storm drainage pipes. Storm drainage pipes constructed of corrugated aluminum pipe, located at 939 Evergreen Drive and 1036 Seasage Drive, are deteriorating and collapsed in several locations. This condition prohibits either system from working at design capacity. Public Works has solicited quotes to make necessary repairs. The repair procedure to be utilized is a pipe lining process, which consists of minimum or no open cut construction. Approximately 260 feet of pipe will be lined. Staff received the following responses: Layne Inliner $24,740.00 Lanzo Trenchless Technologies $33,312.00 Johnson Davis No Response To date the City has spent $56,345.00 with Layne Inliner, thus requiring City Commission approval. This recommendation complies with the Code of Ordinances, Chapter 36, Section 36.02 "Methods of Acquisition ", (B) "Written Quotations Method" and Section 36.03 (B) "Multiple Acquisitions from Vendor Exceeding $25,000 in Any Fiscal Year ". FINANCIAL DEPARTMENT REVIEW Finance recommends approval. DISCUSSION Consider approval of an award to Layne In -Liner in the amount of $24,740 to rehabilitate deteriorating storm drainage pipe at Evergreen Drive and Seasage Drive. TIMING OF THE REOUEST Timing of this request is important in mitigating further deterioration of the pipe segments as well as the surrounding areas. FUNDING SOURCE Funding is available from 448 - 5461 -538 -46.90 (Storm Water Utility Fund: Repair & Maintenance Service /Other Repair /Maintenance Cost): after transfer. RECOMMENDATION Public Works recommends that the Commission approve the award to Layne Inliner in the amount of $24,740.00, to complete the storm water pipe repairs. W MI r -s- PROPOSAL DATE: May 21, 2014 SUBIVIITTED TO: City of Delray Beach Streets and Traffic 434 S. Swinton Avenue Delray Beach, FL 33444 Attn: Harold Bellinger, Superintendent JOB LOCATION: 939 Evergreen / 1036 Seasage Drive We propoSC hereby to furnish material and labor - complete in accordance with specifications below, for the sum of Twenty -Four Thousand Seven Hundred Foliy dollars and no cents ($24,740.00) Payment terms - 100 %within thirty (30) days upon completion and acceptance. All material is guamnteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from specifications below involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado and other necessary insurance. Our workers are fully covered by Workman's Compensation insurance. Note: This proposal may be withdrawn by us ifnot accepted within thirty days. We hereby submit specifications and estimates as follows: Layne Inliner, LLC shall supply all equipment, materials and labor to install InlinerTM as follows: DESCRIPTION QTY UNIT PRICE r TOTAL Item #3 - Furnish /Install 18"CIPP Lining (9mm) 257 LF $85.00 $21,845.00 Item #21 - Mobilization I LS $2,000.00 $2,000.00 Item #22 - Maintenance of Traffic 1 LS $125.00 $125.00 Item #23 - Dewatering and Pipe Cleaning 1 LS $770.00 $770.00 TOTAL $24,740.00 NOTES: I. Prices based on unit prices contained in existing contract between Layne Inliner, LLC and Polk County Bid #14 -227, P.O. #21402308 2. Payment shall be based on actual field measurements from center of inlet to center of outlet 3. Proposal subject to pre-TV inspection by Layne Inliner, LLC indicating that line conditions are acceptable for installation of Inliner. 4. Price quoted does not include point repairs if required prior to installing Inliner. 5. City of Delray Beach to provide water for cleaning, l iner installation and processing. 6. Layne Inliner, LLC shall furnish City of Delray Beach with a Final Inspection CD of the rehabilitated,. stormwater Jine(s). 7. Proposal does not include bonds or permit fees. Bond, If required will be invoiced at 2% of total. Pen ! fees, if any, will be invoiced nt cost. Signatu �, '� lchnel Cnnmz t anngel' You are authorized to do the work Acceptance of Proposal - The above paces, specifications and conditions are tisfactory and are hereby accepted ns specified. Payment will ho made as outlined above. ' Date of A c c e p to n c �_-- Authorized Sigrlatur� 2531 Jewett Lane, Sanford, FL 32771 Office: 407.472.0014 1 Fax 407.472.0097 1 layne.com ' [3. TRENCHLESS TECHNOLOGIES S Delivering innovative trenchless technology solutions to rehabilitate the world's diverse infrastructure Date: 6/3/14 Project: Del Ray Beach Storm Sewer Lining & Rehab proposal Estimate No Attention : Harold Bellinger Proposal Phone: 561 243 7338 ITEM DESCRIPTION QTY 11 IF PRICE EXTENDED GIPP LINING 2.00 Clean & CCTV 2.00 EA 2,600.00 5,200.00 1030 Seasage Drive 3.00 Install Outfall #1 GIPP Liner 18" 145.00 LF 109.00 15,805.00 939 Evergreen 4.00 Install Outfall #2 GIPP Liner 18" 112.00 LF 109.00 12,208.00 Proposal Price: $ 33 213.00 We hereby propose to furnish materials, equipment and labor in accordance with the plans referenced above as follows: All Cleaning, CCTV Pre & Post Video inspections, GIPP Lining perASTM F 1216, Third Party Testing & Warranty. Qualifications: 1.00 Insurance shall be furnished naming Owner as "additionally insured" 2.00 Permits, maintenance of traffic, are included within this proposal. 3.00 We will require access to a suitable water source as needed. 4.00 Mobilization included in proposal. 5.00 Final Payment will be made based on the actual units installed in accordance with the unit prices contained herein. 6.00 All invoices submitted by the 25th are due and payable within 30 days. 7.00 This proposal is submitted, based on the incomplete plans provided, and is subject to change upon receipt and review of final plans. 8.00 This proposal may be withdrawn if not accepted within 45 days. 9.00 This proposal cointingent on access adequate at the upstream inlets Respectfully submitted, Acceptance of Proposal The above prices, specification and conditons are satisfactory and are hereby accepted. You are authorized to do the work as specified. Fred Tingberg By: Fred Tingberg for Lanzo Lining Inc., Florida Authorized Signature MEMORANDUM TO: Mayor and City Commissioners FROM: Environmental Services Department Victor Majtenyi, Deputy Director of Public Utilities Randal Krejcarek, Director of Environmental Services Department THROUGH: Terry Stewart, Interim City Manager DATE: June 16, 2014 SUBJECT: AGENDA ITEM 8.H.2 - REGULAR COMMISSION MEETING OF JULY 1, 2014 CONTRACT AWARD /SULLIVAN ELECTRIC AND PUMP, INC. BACKGROUND Consider a recommendation for award to Sullivan Electric and Pump Inc. for the repairs and rehabilitation of submersible wastewater pumps for Lift Stations at an annual of expenditure of $90,000. Wastewater pumps are used in sewage Lift Stations for the conveyance of wastewater to the South Central Regional Wastewater Treatment Plant for treatment. The City owns 127 Sewage Lift Stations, which are maintained by Public Utilities Division/Utility Maintenance Group. Most lift stations have two to three pumps, with pumps ranging in size from 2 to 30 horsepower. Due to their operation in a hazardous environment, there are very few vendors that will repair and service sewage lift station pumps. Over the years, staff has found that Sullivan Electric and Pump Inc. will remove, diagnose, and repair if applicable, submersible wastewater sewage pumps. In addition, once a pump is removed for troubleshooting, transporting to another facility to obtain quotes on repair or service would be at additional cost to the City. The Golf Course and Parks and Recreation may also utilize Sullivan Electric and Pump, Inc. for repairs to irrigation pumps. The table below summarizes the annual expenditures with Sullivan Electric and Pump, Inc., indicating average transaction amounts over the last fiscal year and this fiscal year, as well as the minimum and maximum values per each: Sullivan Electric and Pump Inc. FY 2013 FY 2014 (to date) Expenditures $80,468.60 $62,010.85 Min. transaction amount $95.00 $194.00 Max. transaction amount $8,825.34 $8,593.00 Average transaction amount $2, 174.82 $ 1,722.52 Funding level for FY 2014 is estimated to be above the previous year. Work performed has been valued at less than $10,000 per service transaction. Since annual purchases will exceed $25,000, City Commission approval is requested in accordance with Code of Ordinances, Chapter 36, Section 36.03 (B) "Multiple Acquisitions from a Vendor Exceeding $25,000.00 in Any Fiscal Year ". DISCUSSION This is a request for City Commission to approve expenditures with Sullivan Electric and Pump, Inc. on an annual basis in an amount not to exceed $90,000 for repair and rehabilitation of submersible wastewater pumps and /or irrigation pumps. TIMING OF THE REQUEST Repairing and /or rehabilitation of submersible wastewater pumps is essential in keeping wastewater Lift Stations operational, thus the timing of this request is of high importance. FUNDING SOURCE Funding is available from 441- 5144 -536 -46.20 (Water and Sewer Fund: Repair and Maintenance Service /Equipment Maintenance) in the amount not to exceed $90,000 annually. 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Most written communications to or from local officials, employees, or the general public regarding city business are public records available to the public and media upon request. Your e-mail communications may therefore be subject to public disclosure. From: Emopb @aol.com [maiito:Emopb@aol.com] Sent: Wednesday, May 28, 2014 9:18 AM To: Williams, Harold Subject: FROM TOM AT EMOPB ELECTRIC MOTORS of PALM BEACH, INC. 729 BELVEDERE ROAD WEST PALM BEACH, FL 33405 PH: 561 - 832 -0233 FX: 561 -655 -8814 CITY OF DELRAY BEACH UTILITIES ATTN: HAROLD WILLIAMS REF: REPAIR ON SEWAGE PUMPS WE GREATLY APPRECIATE ANY ELECTRIC MOTOR AND PUMP REPAIR WORK THE CITY OF DELRAY SENDS OUR WAY. WE WORK HARD IN PROVIDING YOU WITH QUALITY REPAIRS AT BEST POSSIBLE PRICING AND IN A FAST TURN AROUND TIME. UNFORTUNATELY, OUR FACILITY IS NOT SET UP TO SANDBLAST OR PRESSURE CLEAN SEWAGE PUMPS AND THEN LEGALLY CONTAIN AND DISPOSE OF THE REMOVED CONTAMINENTS AS REQUIRED BY REGULATORS. THEREFORE WE ARE UNABLE TO PERFORM REPAIRS ON ANY OF THESE TYPE PUMPS, UNLESS THEY HAVE BEEN PROPERLY CLEANED BEFORE ENTERING OUR SHOP. THANK YOU TOM MCGINNIS ELECTRIC MOTORS OF PALM BEACH MEMORANDUM TO: Mayor and City Commissioners FROM: Environmental Services Department Victor Majtenyi, Deputy Director of Public Utilities Randal Krejcarek, Director of Environmental Services Department THROUGH: Terry Stewart, Interim City Manager DATE: June 16, 2014 SUBJECT: AGENDA ITEM 8.H.3 - REGULAR COMMISSION MEETING OF JULY 1, 2014 PURCHASE AWARD/ SOUTHEASTERN PUMP CORPORATION BACKGROUND Consider a recommendation for award to Southeastern Pump Corporation for the purchase and supply of submersible pumps for wastewater Lift Stations at an annual amount of $83,000. Wastewater pumps are used in sewage Lift Stations for the conveyance of wastewater to the South Central Regional Wastewater Treatment Plant for treatment. The City owns 127 Sewage Lift Stations, which are maintained by Public Utilities Division/Utility Maintenance Group. Prior to the late 1990's, pumps from multiple manufacturers were used. This created a major challenge in maintaining an in- house inventory of multiple pumps from various manufacturers, along with associated fittings and adaptors to fit multiple applications and conditions through the City's Central Warehouse. For efficiency in maintenance response relating to trouble - shooting, service and repair of these stations, pumps and associated parts were standardized. The City's standard for Lift Station submersible pumps is the Barnes brand. Pump sizes range from 2 to 30 horsepower. Pumps are ordered on an as "needed basis" to restock the City's warehouse inventory. Southeastern Pump Corporation in Pompano Beach, Florida is the authorized distributor of Barnes pumps and parts for this region; they are the sole source distributor of "Barnes" submersible pumps used as the City "standard" in all wastewater Lift Stations. Thus, staff recommends award on the basis of meeting criteria for City standard and sole source to Southeastern Pumps. Expenditures on an annual basis are estimated at $83,000 per year. The table below summarizes the annual expenditures with Southeastern Pump Corporation, indicating average transaction amounts over the last fiscal year and this fiscal year, as well as the minimum and maximum values per each transaction: Southeastern Pump Corp. FY 2013 FY 2014 (to Date) Expenditure Total $60,170.20 $53,475.56 Min. transaction amount $57.36 $57.36 Max. transaction amount $9,046.00 $14,964.00 Average transaction amount $3,342.79 $3,145.62 Since FY 2014 purchases have exceeded $25,000, City Commission approval is requested in accordance with Code of Ordinances, Chapter 36, Section 36.03 (B) "Multiple Acquisitions from a Vendor Exceeding $25,000.00 in Any Fiscal Year ". In addition, request approval of purchases and supplies of submersible wastewater pumps through Southeastern Pump Corporation as "Sole Source" and "City Standard ", in compliance with Code of Ordinances, Chapter 36, Section 36.02 (C)(6)(a) and (b) respectively. FINANCIAL DEPARTMENT REVIEW Finance recommends approval. DISCUSSION This is a request for City Commission to approve an award and expenditures with Southeastern Pump Corporation on an annual basis in an amount not to exceed $83,000 for purchase and supply of submersible wastewater pumps for Wastewater Lift Stations. TIMING OF THE REOUEST Maintaining an in -house inventory of submersible wastewater pumps is essential in keeping wastewater Lift Stations operational, thus the timing of this request is of high importance. FUNDING SOURCE Funding is available from 441- 5144 -536 -46.20 (Water and Sewer Fund: Repair and Maintenance Service /Equipment Maintenance) in the amount not to exceed $83,000 annually. RECOMMENDATION Staff recommends approval of an award and expenditures with Southeastern Pump Corporation on an annual basis in an amount not to exceed $83,000 for purchase and supply of submersible wastewater pumps for Wastewater Lift Stations. CRAM E PUMPS & SYSTEMS BARNES • BURKS • CROWN • DEMING • PROSSER • WEINMAN May 28, 2014 Patsy Nadal, Purchasing Manager City of Delray Beach 100 N.W. 1 st Avenue Delray Beach, FL 33444 Re: Crane Pumps & Systems Dear Ms. Nadal: TELEPHONE: +1 937 778 8947 FACSIMILE: +1 937 773 7157 WEBSITE: www.cranepumps.com In response to your recent request for information regarding Barnes, Burks, Crown, Deming, Prosser and Weinman pump products: Southeastern Pump is our exclusive municipal distributor for Florida excluding the panhandle. Southeastern Pump is our authorized distributor for both pump and parts serving the municipal market. They carry inventory to service and support their exclusive geographic sales territory. The Corporate Headquarters and branch serving Boca Raton is located at: Southeastern Pump 1368 SW 12th Avenue Pompano Beach, FL 33069 Phone: (954) 781 -8400 Fax: (954) 781 -8434 www.sepump.com Thank you for your inquiry and your interest in Crane Pumps & Systems products. Sincerely, K.athu t� etcha vu. 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I H CD U') --I M 0+ C7 r00 r�00CDr�i� tl [1f 71 Z L3 I HMa�NNCVNNLr7N NM ON N � H M N N N NCO N CO CO CD CN M Caa cq mOO Lo o Or-I i ",U"7 "Oc)caONMQ1r -rte , �'�'•� 1 } Q t r�tt d•C �7C)[ 7 [7(`7C'7NNNMMNNC']NNNNNNNNHr -IH Hr-0H r[H C] C7 C7Om atlU1 mr aaaaaa000DOOOaaa��a�00000OCa Claa00000000 MEMORANDUM TO: Mayor and City Commissioners FROM: Community Improvement THROUGH: Terry Stewart, Interim City Manager DATE: June 17, 2014 SUBJECT: AGENDA ITEM 9.A. - REGULAR COMMISSION MEETING OF JULY 1, 2014 WAIVER REQUEST /701 NORTH OCEAN BLVD BACKGROUND The applicant is requesting that the City Commission consider waiving the height restrictions to allow a 7' high wall in the front yard setback areas when only 6' is allowed by LDR Section 4.6.5(C). The property is located at 701 North Ocean Boulevard and is an existing single family residence. The house was purchased 2011 by the current owner who is now renovating the structure. Along the north portion of the property is an existing pedestrian access easement to the beach. The applicant wishes to construct an 8' wall for safety and privacy concerns. Pursuant to LDR 4.6.5 (C) Height Restrictions: Walls, fences, or hedges located in a required front yard or street side yard shall not exceed six feet (6') in wall height. Walls, fences, or hedges located in a required interior side or rear yard shall not exceed eight feet (8') in height. The subject property is located in the R -IAAA Single Family Zoning District and is situated in the North Beach Overlay District which requires a front yard setback of 35'. The proposed 7' fence is generally situated along the west and north property line with additional fencing being proposed south of the driveway area (see attached site plan for exact locations). All the 7' fencing being proposed is located in the front yard setback where 6' is allowed by code. Waiver Analysis: Section 2.4.7(B) of the Land Development Regulations 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 granting of a special privilege in that the same waiver would not be granted under similar circumstances on other property for another applicant or owner. The applicant has provided a letter of justification which states: "There was an existing pedestrian access easement to the beach that runs through the property and were part of the property when the house was purchased. The majority of properties do not have pedestrian access that allows neighbors and /or transient foot traffic to come through the property causing both safety and privacy concerns. The increased wall height will provide additional privacy and safety ". The increase in wall height will not adversely affect the neighboring area; it does not diminish public facilities, nor does not create an unsafe situation. It would be reasonable and logic for the Commission to grant a similar waiver for another property that has a public access easement next to their lot, therefore it would not be a granting of a special privilege. Based on the above, a positive finding can be made to LDR Section 2.4.7(B) Waiver Findings. DISCUSSION Consideration to approve a waiver to LDR Section 4.6.5(C) to allow the increase height of a wall from 6' to 7' in the required front yard setback for a single family residence located at 701 North Ocean Boulevard. OPERATING COST There are no operating costs associated with this request. TIMING OF THE REQUEST This item is not time sensitive, however, the owner would like to proceed as quickly as possible in order to pull a building permit for the fence. RECOMMENDATION Staff recommends approval of the waiver to LDR Section 4.6.5(C) to allow the increase wall height from 6' to 7' in the required front yard setback areas for a single family residence located at 701 North Ocean Boulevard. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA FINAL SUBDIVISION PLAT APPROVAL AND WAIVER REQUEST FOR 701 NORTH OCEAN BLVD. ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. The waiver request regarding 701 North Ocean Blvd. has come before the City Commission on July 1, 2014 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request and plat approval for 701 North Ocean Blvd. All of the evidence is a part of the record in this case. I. Waiver: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) shall not adversely affect the neighboring area; (b) shall not significantly diminish the provision of public facilities; (c) shall not create an unsafe situation; and (d) does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Pursuant to LDR Section 4.6.5(C), "Height Restrictions ", Walls, fences, or hedges located in a required front yard or street side yard shall not exceed six feet (6') in wall height. Walls, fences, or hedges located in a required interior side or rear yard shall not exceed eight feet (8') in height. The subject property is located in the R -1AAA Single Family Zoning District and is situated in the North Beach Overlay District which requires a front yard setback of thirty -five feet (35'). The proposed eight foot (8') fence is generally situated along the west and north property line with additional fencing being proposed south of the driveway area. All the eight foot (8') fencing being proposed is located in the front yard setback where six feet (6') is allowed by code. Should the waiver to Section 4.6.5(C) to allow an increased fence height in front yard setback from 6' to 8' be granted? 1' - ► r•7 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original plat 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 which supports the findings set forth in this Order. 5. Based on the entire record before it, the City Commission approves denies the waiver requests and plat approval and hereby adopts this Order this 17th day of June, 2014, by a vote of in favor and opposed. ATTEST: Chevelle Nubin, City Clerk 2 Cary D. Glickstein, Mayor architecture, inc. architects, planners & designers aa26002044 205 george bush boulevard delray beach, f1 33444 tel 561.276.60 11 fax 561,276.6129 May 1, 2014 City of Delray Beach Planning and Zoning Department 100 N. W. 1 st Avenue Delray Beach, FL 33444 Re: Shear Holdings Beach LLC Single Family Residence 701 North Ocean Blvd. Delray Beach, FL 33483 To Whom It May Concern: 01 1r td hi19p1v Please accept this letter to request a wall height waiver from the City Commission for the single family residence at the above referenced address. Our client would like to increase the wall height to 8' -0" along the front and side walls. We feel this request is justified for the following reasons: 1. This is an existing home that our client purchased in 2011. There is an existing pedestrian access easement to the beach that runs through our client's property and that was part of the property when the house was purchased. 2. The majority of properties do not have pedestrian access that allows neighbors and /or transient foot traffic to come through the property, causing both safety and privacy concerns. The increased wall height will provide additional privacy and safety. The proposed waiver request is for an increase from the maximum 6-0" to 8' -0" as per LDR Section 4.6.5(C). Please see the attached survey and feel free to call our office (5¢1r27E AIA, NCARB Vice President 1. drawings and photos. Should you have any questions, please IM AY � �� E T- " ,; i ti. ., g+ z. w z 11 11 $ 111CIH�NJ 61'�fN 3M�1?31iM!Irtl 39 �o NDICILd3d N3111YI� 3M11fGM1M1N3W4�04 SIMI dO 35i1 M3M10 NO lYJI1JhG�PJd3Bl 1101'935BOd 1M/ ONtl 02�b ?93tl �Y S111nM. 1lV'JNI 3tlf�L�3lIH�V 3'J d04W3ddd 3X1911N3i.lA�Od 51H1 ND'-=''jo 0UN11 v I III lit R11 MEMORANDUM TO: Mayor and City Commissioners FROM: Community Improvement THROUGH: Terry Stewart, Interim City Manager DATE: June 17, 2014 SUBJECT: AGENDA ITEM 9.B. - REGULAR COMMISSION MEETING OF JULY 1, 2014 AMENDMENT NO. 2 TO THE WORKFORCE HOUSING CONVENANUCITY OF DELRAY BEACH AND SP5 WOOD MIDTOWN DELRAY, LLC. BACKGROUND The Developer (Midtown) has requested the following language to be added to the Workforce Housing Agreement between the City and Midtown dated June 14, 2012 and Amendment No. 1 dated April 10, 2014, "Notwithstanding anything to the contrary contained herein, the rents that may be charged by Developer need not be less than those rents calculated in accordance with the terms hereof based on the rental rates described in Section 1.11 and Section 2.3.1 that existed in June 2012 or, if greater than those in existence in June 2012, those with respect to any year subsequent to 2012. The intent of this provision is to recognize and provide a rent floor (a rent floor having been recognized and provided by the Internal Revenue Code and the Housing Economic Recovery Act). The rent limit and household income in 2012 shall initially serve as the floor. Developer never need use rent limits or household incomes that are lower than the greater of that used in 2012 or in any year subsequent to 2012 ". The density bonus program is an incentive program intended to encourage developers to build affordable owner - occupied and rental housing within the City of Delray Beach. 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. The Ordinance requires the use of the established Adjusted Median Income (AMI) published annually by Palm Beach County to ensure the affordability for the duration of the period of compliance. The annual AMI is the industry standard for continued affordability of housing units offered to low- moderate income households. DISCUSSION This proposed language provides for the rent limit and household income in existence in June 2012 to serve as the rent floor in order to provide some certainty to developers, lenders and investors of affordable housing, as to a minimum amount of rental revenue that can be achieved by a project. TIMING OF THE REQUEST There is no time sensitivity to this request. RECOMMENDATION Staff recommends denial of Amendment No. 2 to the Workforce Housing Convenant. This instrument prepared by: Jeffrey C. Lynne, Esquire Weiner, Lynne & Thompson, PA 10 SE 1" Avenue, Ste. C Delray Beach, Florida 33444 AMENDMENT NO.2 TO WORKFORCE HOUSING COVENANT THIS AMENDMENT NO. 2 TO WORKFORCE HOUSING COVENANT (this "Amendment ") is made this day of , 2014, by and between 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. The City and Developer entered into that certain Workforce Housing Covenant, dated as of June 14, 2012 and recorded July 2, 2012, in Official Records Book 25304, Page 0401, of the Public Records of Palm Beach County, Florida (the "Agreement "). B. The City and Developer entered into that certain Amendment to Workforce Housing Covenant dated as of April 10, 2014 and recorded April 22, 2014, in Official Records Book 26743, Page 0101, of the Public Records of Palm Beach County, Florida ( "Amendment No. 1 "). C. This Agreement as amended shall apply and be enforceable against Developer and all current and future Owners, as applicable, during the term of this Agreement as amended and shall restrict the sale, resale, rental and use of the applicable housing as provided herein. D. Section 5.3 of the Agreement provides that the Agreement may be amended at any time by a recorded document acknowledged by the Developer. E. City and Developer desire to amend the Agreement as hereinafter provided. NOW, THEREFORE, City and Developer hereby agree as follows: 1. The recitals set forth above are true, correct and incorporated hereby by reference. In the event of any conflict between the terms and provisions of this Amendment and the Agreement, then the terms and provisions of this Amendment shall control. 2. This Amendment has been duly approved by the City and Developer. 3. Section 2.6 of the Agreement is added as follows: 2.6. Notwithstanding anything to the contrary contained herein the rents that may be charged by Developer need not be less than those rents calculated in accordance with the terms hereof based on the rental rates described in Section 1.11 and Section 2.3.1 that existed in June 2012 or, if greater than those in existence in June 2012, those with respect to M year to 2012. The intent of this provision is to recoggize and provide a rent floor (a rent floor having been recognized and rp ovided by the Internal Revenue Code and the Housing Economic Recovery Act). The rent limit and household income in 2012 shall initially serve as the floor. Developer never need use rent limits or household incomes that are lower than the greater of that used in 2012 or in any year subsequent to 2012. 4. Except as set forth in this Amendment, the Agreement remains unmodified and is in full force and effect. [SIGNATURES ON FOLLOWING PAGES] 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 SP5 WOOD MIDTOWN DELRAY, LLC, a Delaware limited liability company Witness: CITY OF DELRAY BEACH, FLORIDA Loan Cary D. Glickstein, Mayor By: SP5 Wood Midtown Delray Manager, LLC, a Delaware limited liability company, its managing member By: Wood Midtown Delray, LLC, a Delaware limited liability company, its manager Print name of Witness Witness: Print name of Witness 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 limited liability company, its manager By: David E. Thompson, Vice President 3 STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of , 2014, by David E. Thompson, authorized signatory of SP5 WOOD MIDTOWN DELRAY, LLC, a Delaware limited liability company, on behalf of the company. He is personally known to me or has produced (type of identification) as identification and did (did not) take an oath. (Printed Name of Notary Public) Commission # (NOTARY'S SEAL) (Signature of Notary Public) My Commission Expires 0 MEMORANDUM TO: Mayor and City Commissioners FROM: Community Improvement THROUGH: Terry Stewart, Interim City Manager DATE: June 17, 2014 SUBJECT: AGENDA ITEM 9.C. - REGULAR COMMISSION MEETING OF JULY 1, 2014 AMENDMENT NO.3 TO THE WORKFORCE HOUSING CONVENANUCITY OF DELRAY BEACH AND ALTA CONGRESS, OWNER, LLC. BACKGROUND The Developer (ALTA) has requested the following language to be added to the Workforce Housing Agreement between the City and Alta dated February 24, 2011, Amendment No. I dated May 31, 2012, and Amendment No. 2 dated April 22, 2014, "Notwithstanding anything to the contrary contained herein, the rents that may be charged by Developer need not be less than those rents calculated in accordance with the terms hereof based on the rental rates described in Section 1.11 and Section 2.3.1 that existed in June 2012 or, if greater than those in existence in June 2012, those with respect to any year subsequent to 2012. The intent of this provision is to recognize and provide a rent floor (a rent floor having been recognized and provided by the Internal Revenue Code and the Housing Economic Recovery Act). The rent limit and household income in 2012 shall initially serve as the floor. Developer never need use rent limits or household incomes that are lower than the greater of that used in 2012 or in any year subsequent to 2012 ". The density bonus program is an incentive program intended to encourage developers to build affordable owner - occupied and rental housing within the City of Delray Beach. 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. The Ordinance requires the use of the established Adjusted Median Income (AMI) published annually by Palm Beach County to ensure the affordability for the duration of the period of compliance. The annual AMI is the industry standard for continued affordability of housing units offered to low- moderate income households. DISCUSSION This proposed language provides for the rent limit and household income in existence in June 2012 to serve as the rent floor in order to provide some certainty to developers, lenders and investors of affordable housing, as to a minimum amount of rental revenue that can be achieved by a project. TIMING OF THE REQUEST There is no time sensitivity to this request. RECOMMENDATION Staff recommends denial of Amendment No. 3 to the Workforce Housing Convenant. This instrument prepared by: Jeffrey C. Lynne, Esquire Weiner, Lynne & Thompson, PA 10 SE 1St Avenue, Ste. C Delray Beach, Florida 33444 AMENDMENT NO.3 TO THE WORKFORCE HOUSING COVENANT THIS AMENDMENT NO. 3 TO THE WORKFORCE HOUSING COVENANT (this "Amendment No. 3") is made this day of , 2014, by and between CITY OF DELRAY BEACH, a Florida Municipal Corporation, (referred to herein as "City "), and ALTA 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 24, 2011 and recorded March 21, 2011, in Official Records Book 24418, Page 970, of the Public Records of Palm Beach County, Florida (the "Agreement "). B. The City and Developer entered into that certain Amendment to Workforce Housing Covenant dated as of May 31, 2012 and recorded June 25, 2012, in Official Records Book 25288, Page 0060, of the Public Records of Palm Beach County, Florida ( "Amendment No. 1 "). C. The City and Developer entered into that certain Amendment to Workforce Housing Covenant dated as of April 10, 2014 and recorded April 22, 2014, in Official Records Book 26743, Page 0105, of the Public Records of Palm Beach County, Florida ( "Amendment No. 2 "). D. This Agreement as amended shall apply and be enforceable against Developer and all current and future Owners, as applicable, during the term of this Agreement as amended and shall restrict the sale, resale, rental and use of the applicable housing as provided herein. E. Section 5.3 of the Agreement provides that the Agreement may be amended at any time by a recorded document acknowledged by the Developer. F. City and Developer desire to further amend the Agreement as hereinafter provided. NOW, THEREFORE, City and Developer hereby agree as follows: 1. The recitals set forth above are true, correct and incorporated hereby by reference. In the event of any conflict between the terms and provisions of this Amendment and the Agreement, then the terms and provisions of this Amendment shall control. 2. This Amendment has been duly approved by the City and Developer. 3. Section 2.6 of the Agreement is added as follows: 2.6. Notwithstanding anything to the contrary contained herein the rents that may be charged by Developer need not be less than those rents calculated in accordance with the terms hereof based on the rental rates described in Section 1.11 and Section 2.3.1 that existed in June 2012 or, if greater than those in existence in June, 2012, those with respect to any year subse ueg nt to 2011. The intent of this provision is to recognize and provide a rent floor (a rent floor having been recognized and provided by the Internal Revenue Code and the Housing Economic Recovery Act). The rent limit and household income in 2012 shall initially serve as the floor. Developer never need use rent limits or household incomes that are lower than the greater of that used in 2012 or in any year subsequent to 2012. 4. All other terms and conditions of the Agreement not in conflict with Amendment No. 1, Amendment No. 2 and with this Amendment No. 3 shall remain in full force and effect and are incorporated herein. [SIGNATURES ON FOLLOWING PAGES] 2 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 Witness: CITY OF DELRAY BEACH, FLORIDA ALTA CONGRESS OWNER LLC, a Delaware limited liability company Print name of Witness Witness: Print name of Witness Cary D. Glickstein, Mayor By: Alta Congress L.L.C., a Delaware limited liability company, its manager By: Wood Alta Congress II, L.L.C., a Georgia 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 limited liability company, its manager 3 By: David E. Thompson, Vice President STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of , 2014, by David E. Thompson, authorized signatory of ALTA CONGRESS OWNER LLC, a Delaware limited liability company, on behalf of the company. He is personally known to me or has produced (type of identification) as identification and did (did not) take an oath. (Printed Name of Notary Public) Commission # (NOTARY'S SEAL) (Signature of Notary Public) My Commission Expires 0 MEMORANDUM TO: Mayor and City Commissioners FROM: Randal L. Krejcarek, P.E., LEED AP, GISP THROUGH: Terry Stewart, Interim City Manager DATE: June 20, 2014 SUBJECT: AGENDA ITEM 9.D. - REGULAR COMMISSION MEETING OF JULY 1, 2014 SOFA #1 AND SOFA #2 PROPOSED TRAFFIC PATTERN MODIFICATION DURING CONSTRUCTION BACKGROUND SOFA (South of Atlantic) #1 and SOFA #2 are two developments in the southeast section of Delray Beach. SOFA #1 is on the east side of SE 3rd Avenue between SE 2nd Street and SE 1st Street. SOFA #2 is on the west side of SE 2nd Avenue between SE 2nd Street and SE 3rd Street. The Attachments provide details related to requested closures. DISCUSSION The item before the Commission is the proposed street closures requested for the construction of both buildings. TIMING OF THE REQUEST This item is time sensitive. RECOMMENDATION Commission discretion. HL KAUFMAN LYNN CONSTRUCTION I uy = V-0-74- , "-" To: Ms. Tracie M. Lutchmansingh, P.E. —City of Delray Beach CC: Mr. Rafael C. Ballestro —City of Delray Beach From: Annmarie Mia Lonergan — Kaufman Lynn Construction Date: 5/20/2014 Re: City Commission Submission for road and sidewalk closure at South of Atlantic Building One 151 S.E 3`d Avenue, Delray Beach, Florida Please accept our submission for approval to close the road and sidewalks at project named South of Atlantic Building One, located at 151 S.E. 3rd Avenue, Delray Beach, Florida 33144. Enclosed within this submission are the following documents: I. Project narrative, detailing site constraints and reason why the request for road and sidewalk closure is being presented at this time. 2. Description and details of heavy equipment required for lifting at this project. 3. MOT plan for approval 4. Site logistics This Project is anticipated to commence construction July 2014 with a total duration of 15 months, completion slated for October 2015. We will require the MOT road and sidewalk closure for the crane and erection of the structure as well as the City of Delray underground Utility improvements at or about September 2014 for a period of six (6) months until the end of February 2015.. After an exhaustive review of the site logistics the constraints due to overhead high voltage power lines the overall size of the structure safest means of construction for the public well being shall be the isolation of the areas shown for new construction as indicated on the MOT plans. We respectfully request review and approval of this proposed MOT, Site Narrative and Site Logistics for the Project known as South of Atlantic Building One, Delray Beach, Florida. BOCA RATON FORT LAUDERDALE 4650 T -Rex Ave., Suite 300, Boca Raton, FL 33431 500 E Broward Blvd., #1710, R. Lauderdale, FL 33394 P: 561.361.6700 ■ F. 561 .361,6979 P: 954.320.7022 ■ F: 954.320.7025 VM MIAMI 1200 Brickell Ave., #1950, Miami, FL 33131 P: 786.350.1055 ■ F: 786.523.7989 HL SAUFMAN LYNN CONSTRUCTION May 20, 2014 Tracie Lutchmansingh, PE City of Delray Beach - Engineering Department 434 S Swinton Avenue Delray Beach, FL 33444 RE: South of Atlantic Building One - Narrative MOT for road and sidewalk closure at 151 SE 3rd Avenue, Delray Beach, Florida Ms. Lutchmansingh, We are excited to begin construction on the new South of Atlantic Building One otherwise known as SoFa Delray Building One, estimated commencement July 2014. The Project at this site consists of one (1) four stories Residential Apartment Structure at 151 SE 3`d Avenue, Delray Beach with an overall length of 602 lineal feet, 114 lineal feet deep and top of parapet at 52 feet high. The Residential Building will include first floor parking, with three stories of apartments, common rooms, site amenities and roof deck directly above the ground floor parking. In addition to the Building there will be numerous underground City utility improvements, new and added street parking and renovated and added public sidewalks with accompanying landscape and signage as approved by the City of Delray Beach, Zoning and Building Departments.The estimated total duration of construction for this project is 15 months. Currently there three existing buildings located at this site, two of which are vacant with the third building scheduled for vacancy June 1, 2014 which are slated for total demolition upon Notice to Proceed. Based on the complexity of this project we have contracted with American Traffic Services Association to create an MOT in accordance with TA19 of the MUTCD and Standard Index 660. Our primary goal is to provide a safe environment for the general public at large while certain construction activities are proceeding. Due to the constraints at this location of existing street/parallel parking, public and non - public sidewalks, overhead power lines, overhead AT &T and overhead Cable services to the east of the site we are forced to approach the construction of the building from SE Yd Avenue. With the intent of meeting the Delray Beach City Commission guidelines and public safety we have included this MOT plan as well as supporting documentation demonstrating our site constraints, the required crane equipment and site logistics to construct the planned improvements to the City of Delray Beach utilities, parking, sidewalks and curbs as well as a future 4 -story residential building, and respectfully request approval of our proposed MOT Our first mobilization and work activities will not impact any road or sidewalk closures, we plan to implement temporary fencing along the border of the property for approximately three (3) months; this will enable us to prepare the site for deep underground work, foundations and the first lift of columns to the second floor deck. After we complete the abovementioned activities we request the road closure at S.E 3`d Avenue and sidewalk closure along S.E. 2" Street from the alleyway directly behind the site to S.E. P Avenue, (where the road will be closed) for a period of six months. Please note there is unobstructed and continuing sidewalk along the south side of S.E. 2nd Street running east and west from Federal highway to Swinton Avenue. Due to the limited set back at the property line, the face of the new Residential Apartment building, the overall length, depth and height we require a crawler crane with extension to provide lifting capacity for the erection of structure. By allowing us to close the road and public sidewalks at this site we will be able to allow deliveries of F15 WN materials, equipment, concrete pump trucks, and the lifting of materials to the upper decks for installation and BOCA BATON FORT LAUDERDALE MIAMI 4850 T -Rex Ave., Suite 3110, Boca Raton, FL 33431 500 E Broward Blvd., #1710, Ft. Lauderdale, FL 33394 1200 Bhckell Ave., #1950, Miami, FL 33131 P: 561.361.6700 ■ F: 561.361.6979 P: 954.320.7022 v F: 954.3203025 R 786.350.1055 ■ F: 786.523.7989 CCCO21732 HL KAUFMAN LYNN CONSTRUCTION completion of the building. As we noted before we are prevented from staging the crane and deliveries to this site along the east side alleyway due to overhead utility and high voltage power lines. We will make every endeavor to erect the structure and roof as quickly as possible and if we are successful may save some of time from the proposed six (6) month duration. After the structure is erected and the road/sidewalk is closed we plan to complete the new underground domestic water lateral which runs the entire front of the site (600 + /- lineal feet) and install the new asphalt, curb and sidewalk at this location. Once those activities are completed we will remove the MOT and re -erect our temporary construction fence to the parallel parking for completion of other utility tie -ins, striping, and signage, et el. Included in this MOT, and as stated earlier is also the closure of the public sidewalk along the south side of the property line. Due to the projected new construction for site utilities, Hardscape and street parking we will require the redirecting of pedestrian walkways to the south side of the street, we are not able to provide a covered walkway as much of the work with light and heavy equipment shall be under and at ground level at this location. Please note the logistics are as follows and shown on the MOT /Site Survey attached to this narrative: From property line at S.E. 3'a Avenue to building setback is 10 lineal feet, to center of road is 20 lineal feet to west edge of S.E. 3`a Avenue is another 20 lineal feet. We require at a minimum 32 lineal feet for the base of the crane swing and weights this does not include the angle of repose for the boom and the width/length of accompanying flat bed trucks which will need to line up beside the crane for delivery of materials and unloading of goods to the upper decks of the building. We have analyzed the site from all sides and have found this approach to be the most expedient as well as the safest for the general public and vehicular traffic surrounding this site. We respectfully request approval of this MOT for the SoFa Building One at S.E. 3`d Avenue, Delray Beach, Florida. Our team is available to answer any questions that you may have pertaining to this proposal tank'-W. White, III ice President Cc: Rafael Ballestero • Transport complete crane with base section, drums with rape and self assembly device, less counterweights at under 100,000 lbs (45 360 kg) • Rated capacity limiter with full color graphic display • Powerful winch package with wet brake design • 7 -piece counterweight system design with innovative counterweight removal system • Superior capacities • Optional attachments: Angle boom 5' auxiliary tip Offsettable jib Lulling attachment .M .k m .i� Belt G R A N E S I R 1r r [� f ! 1. r 62 218 ASL attachments are versatile and strong Heavy -duty tube boom • 40'- 230'02.2 - 70.1 m) heavy -duty tubular boom • Heavy -duty boom tip • Maximum tip height of tube boom + jib: 278.8' (84.92m) • Conventional boom is also luffing boom Fixed jib • 30'- 75'(9.14 - 22.86m) fixed jib • Offset angles at 5 °, 15° and 25• Heavy duty angle boom • 45'- 155'(13,72- 47.24m) • Designed for rough application and handling where job site and transportation conditions are less than ideal for tube boom Auxiliary 5' tip exlension • Designed to use in place of jib to provide clearance between working hoist lines • Maximum capacity is 18.5 tons (16.78 mt) Lufiing boom attachment • Maximum luffing attachment: 140 f1+ 140 ft (42.7 m + 42.7m) • 283 ft (86.26 m) maximum working height • 208 ft (63.40 m) maximum working 360° radius • Working angles of 90 °, 85°, 80°, 75 °, 70° and 65° • Luffing cap and fan post assembly transports as one piece � L The boom top section features heavy duty polyamide sheaves and standard pin -on poirds for attachment of op- tions such as a fixed jib, tip extension and adapters for universal pile driving leads. Narrow head machinery allows pendants to rest on top of boom extensions. In -tine boom suspension load cell, standard with anti -two block system for both front and rear drum. Optional pile driving lead adapter, extended head shaft for hanging leads, three sheave idler to separate load lines Angle boom Wiring boom Maximum Maximum Conventional & luffingjib conventional cnnventional tube boom with doom &jib boom 5 ft extension 1' l• I f r� ;w. r ' of Outstanding standard features • HSL capacity limifer with high visibility Color graphic display • Multi -disc wet brakes offer automatic or free fall mode • Dual swing drives provide smooth swing control • Full length removable catwalks on both sides of the upper house luffer readyi • Conventional boom extensions can be used as luffing boom exlensions • 3rd drum optional second hoist line • Rear drum luffing jib hoist • Fold -under assembly F V fY Y, • a 21 i.4 I .; aAC,— 0 5666 {supersedes 5533 } -- 0114 —N6 5 C Dimensions Basic Boom 40 ft 12.19m Minimum Load Radius 11.28 ft 3.44m Maximum Boom Angle I 80° 80° Track Shoe Width 36 in 0.91m Maximum height of live mast from ground is 30' 11 " (9.42m) - r•1 22'10"** (6.96m) (3.46m) I 4' 6.75° (1.39m) 13'0,75" (3.98m) 15'2.5" (4.63m) rk OF ROTATION Note: * *@ Maximum boom angle (80 °) with maximum boom [240 ft (73 . i5m)j� maximum rotation radius occurs. OVERALL DISTANCE FOR OPERATION= 32' -Or' Link -Belt Cranes 218 HSL 7' 5" (2.26m) 6 RADIUS TOTAL 32' MINIMUM Tai 1' (' OPERATING WIDTH FOR TRAVEL = 1 9' -6" 4; (1. 19'6.19" (5.95m) Extended 14'4.19" (4.37m) Retracted 18'8.5" (5.70m) Extended 13'6.5" (4.13m) Retracted 17'2" (5.23m) Extended 12'0" (3.66m) Retracted 11.12" 16.44" (0.28m) (0.42m) 14'2" (4.32m) Extended 9'0" (2.74m) Retracted 218 H5L 5666 (supersedes 5533) -0114' NB 36" (0.91m) Lmk43eft Cranes 1s Working Areas 360'w 0� 64E_ 5M (supersedes 5533)- 4114 —N6 ever zjlae Note: These Lines Determine The Limiting Position Of Any Load For Operation Within Working Areas Indicated. C0,00 `,-' 218 H5L Fink -Belt Cranes 20 5666 (supersedes 5539) - 0114 —N6� . 40 -200 ft (12.19- 60.96m) Main 80 -140 ft (24.38- 42.67m) Tube Boom With 30 -75 ft Luffing Boom + 50 -140 ft (9.14- 22.86m) Offset Jib (15.24- 42.67m) Luffing Jib SOUTH OF ATLANTIC CRANES 218 HSL Link -Batt Cranes 16 5666 (supersedes 5533)-{]114 —N6 Transport Drawings —Tube Boom 13' 2.19" (4.02m) 34" LOAD #1 — 99,508,(45 137kg) (0.86m) Base crane BASE WEIGHT 13' 0.50" (3.97m) 40" LOAD #2 — 39,349 Ib (17 849kg) (1 02m) Base slab counterweight, wing counterweight, 10 ft (3.05m) boom extension, two 20 ft (6.10m) boom extensions, and 75 ft (22.86m) jib assembly 13' 0.50" (3.97m) LOAD #3 — 32,248 Ib (14 628kg) 40" Three wing counterweights, 30 It (9.14m) boom extension, (1.02m) and 40 ft (12.19m) boom extension 13' 0.50„ (3.97m) 413" LOAD #4 — 28,647 Ib (12 994kg) (1.02m) 30 ft (9.14m) boom extension, 40 ft (12.19m) boom extension, 20 ft (6.10m) top section, and two side frame counterweights 218 HSL Link -Belt Cranes 5886 (supersedes 5533)- 0114 —N6 Cuffing Atta Diagrams Zo 150' Luff Boom .0 Maximum e 0 rn 140' Luff Boom 0 M 0 -0 m d r 0 0 M a L 80' Luff Boor S Minimum CRANE FOR SOUTH OF ATLANTIC PROJECT 11d c� 6 A �--. 35 chment Working Range 900 Luffing Boom Angle — 3600 Luffing Jib 40' 60' 80' 100' 120' 140' 160' 180' 200' 300' 280' 260' 240' 220' 200' 180' y e a 0 rn 160' y 0 a m v 140' s E 0 0 20' a O s ai m 00' _ 0' 0' 0' 3' Notes: Rot I -- -- • --- , .., ,..,, ,�„ �.,� ation operating Radius 1. Boom geometry shown Is for unloaded condition and crane standing level on firm supporting surface. Boom deflection, subsequent radius, and boom angle change must be accounted for when applying load to hook. 2. Maximum and minimum boom angles are equal to the values Ifsted In the capacity chart for each boom length. 3. Refer to the Capacity Charts for allowable IAIng boom and IuffIng Jib combinations. Link -Belt Cranes 218 HSL 1 PW O .. i M Q) O t � N � O U C i. -j (n l J ' Z a .. Alan o= r r I a� L C 3 0 N N O K 0 rr .tn -�� h�W pW l� -1E m Lo _ C0 vJ Q � N t } r w e �y l g o 4. uj > 1 ? L o � co N 'C H v > cU co c U � J � co r An - .. `T co C. �. W 2 (n C: U) Nco � Y0) t. Q � I - ' - a ;sax sssaa �I�1 * a! .O U350L M1tlM305 o+4a �rst H0013a p avoa � , o�5o�os a ba DETOUR 1 _ PW O .. i M Q) O t � N � O U C i. -j (n l J ' Z a .. Alan o= r r I a� L C 3 0 N N O K 0 rr .tn -�� h�W pW l� -1E s ail t, m Lo _ C0 vJ Q � N } r w e LL O g uj > 1 ? L CC ►+ W = LS ya a co N 'C H v > cU co c U � J � s ail t, Ow -o� I y I I I I y l 1 I £z£0 -089 (496) ',xoj ££99 -089 (496) :auoyd 9z 22 - 111-Ij 'ay.oa boL all's - "ua Alls,anlun s o£z9 6up�oq vo0 �a�auaO ;`uam &-n mgongsw0 s�a(an�ng 1--ld 's� .5.3 '✓Nl `S.Lmvl lnSNloD xv riij M21! '3'd bai7�nsuop VO1N073 ;(UVn00 ONVA40NO HOV38 AVN730 30 U/O 1 JN1071nGAVY730 V40S 1NMdOEMWAMVi111MMV a C 4 I `' ib I wN - F z r Z o , 3F O Wc�i o_ F I �n aicxror w.v I I F W✓yy- 2 E Z Q 4 z 3 LL ZLLOry w �: � _. ( J g�oi3 W W waw W op �o arm - owz wQ rc I� v�l - z I I E a�o0 w o z o a o a I I _ I w WZ N° p m IR v UM o8 �s wo ¢2 ALIm § oo � w �5 �p zF �w gym I 4 8 1 8- a t L T� 3 8 ! $ w O r Vz N i II i 1 I Ipg 3G 8 a L�ti� Z 'Sc pa < d ` W Z W � Z Z a IIl6� 1� G II I 1 gY d O� N m g k I `' ib I I I I F W✓yy- Oz - �: � - I" aiE el - I I E UM p�VOOO a z °i � o w C. xa4 �wzLo _ 03aao$�8`c3i5� Z W R Cu �f w I 4 8 1 8- a t L T� 3 8 ! $ w O r Vz N i II i 1 I Ipg 3G 8 a L�ti� Z 'Sc pa < d ` W Z W � Z Z a IIl6� 1� G II I 1 gY d O� N m HL HAUFMAN LYNN CONSTRUCTION To: Ms. Tracie M. Lutchmansingh, P.E. —City of Delray Beach CC: Mr. Rafael C. Ballestro —City of Delray Beach From: Annmarie Mia Lonergan Kaufman Lynn Construction Date: 5/20/2014 Re: City Commission Submission for alleyway and sidewalk closure at South of Atlantic Building Two 150 S.E 2nd Avenue, Delray Beach, Florida Please accept our submission for approval to close the alleyway and sidewalk at project named South of Atlantic Building Two, located at 150 S.E. 2nd Avenue, Delray Beach, Florida 33144. Enclosed within this submission are the following documents: 1. Project narrative, detailing site constraints and reason why the request for alleyway and sidewalk closure is being presented at this time. 2. Description and details of heavy equipment required for lifting at this project. 3. MOT plan for approval 4. Site logistics This Project is anticipated to commence construction July 2014 with a total duration of I4 months, completion slated for September 2015. We will require the MOT alleyway and sidewalk closure for the crane and erection of the structure as well as the City of Delray underground Utility improvements at or about August 2014 for a period of twelve (12) months until the end of August 2015.. After an exhaustive review of the site logistics the constraints due to overhead high voltage power lines the overall size of the structure, the safest means of construction for the public well being shall be the isolation of the areas shown for new construction as indicated on the MOT plans. We respectfully request review and approval of this proposed MOT, Site Narrative and Site Logistics for the Project known as South of Atlantic Building Two, Delray Beach, Florida. Please note, shall the City of Delray find means to allow the road closure at S.E. 2nd Avenue at the east side of this site we respectfully request an allowance to resubmit for an expanded MOT road closure at that specific area four month duration in the first part of our construction schedule. ' ' im BOCA RATON 4850 T -Rex Ave., Suite 300, Boca Raton, FL 33431 P: 561.361.6700 ■ F: 551.361.6979 www.kaufmanlynn cor FORT LAUDERDALE MIAMI 4NEW 500 E Broward Blvd., #1710, Ft. Lauderdale, FL 33394 1200 Brickell Ave., #1950, Miami, FL 33131 P: 954.320.7022 ■ F: 954.320.7025 P: 786.350.1055 v F: 786.523.7989 s r HL SAUFMAN LYNN CONSTRUCTION May 20, 2014 Tracie Lutchmansingh, PE City of Delray Beach - Engineering Department 434 S Swinton Avenue Delray Beach, FL 33444 RE: South of Atlantic Building Two - Narrative MOT for alleyway and sidewalk closure at 150 SE 2nd Avenue, Delray Beach, Florida. Ms. Lutchmansingh, We are excited to begin construction on the new South of Atlantic Building Two, otherwise known as SoFa Delray Building Two, estimated commencement July 2014. The Project at this site consists of one (1) four stories Residential Apartment Structure at 150 SE 2 "d Avenue, Delray Beach with an overall length of 274 lineal feet, 135 lineal feet deep and top of parapet at 52 feet high. The Residential Building will include first floor parking, with three stories of apartments, common rooms, site amenities and roof deck directly above the ground floor parking. In addition to the Building there will be several underground City utility improvements, renovated and added street parking and renovated and added public sidewalks with accompanying landscape and signage as approved by the City of Delray Beach, Zoning and Building Departments. The estimated total duration of construction for this project is 15 months. Based on the complexity of this project we have contracted with American Traffic Services Association to create an MOT in accordance with TAI of the MUTCD and Standard Index 660. Our primary goal is to provide a safe environment for the general public at large while certain construction activities are proceeding. Due to the specific constraints at this location; existing Occupied Businesses on either side of the project property boundaries, overhead high voltage power line services above the west alleyway and extremely limited distance from the valley curb at S.E. 2nd Avenue to face of new structure we are forced to approach the construction of the building from both SE 2"d Avenue and the Western Alleyway bordering the site. With the intent of meeting the Delray Beach City Commission guidelines and public safety we have included this MOT plan as well as supporting documentation demonstrating our site constraints, the required crane equipment and site logistics to construct the planned improvements to the City of Delray Beach utilities, parking, sidewalks and curbs as well as a future 4 -story residential building, and respectfully request approval of our proposed MOT We propose to utilize the West side alleyway as a primary trash disposal and delivery staging area for materials and equipment. For all high lifts we are forced to access the site from the parallel parking/sidewalk area in front of the building on S.E. 2nd Avenue to avoid the high voltage power lines overhead in the alleyway to the west. Due to the limited set back at the property line, the face of the new Residential Apartment building, the overall length, depth and height we require a crane with extension to provide lifting capacity for the erection of the structure. By allowing us to close the sidewalk and parallel parking as well as the western alleyway at this site we will be able to allow deliveries of materials, equipment, concrete pump trucks, and the lifting of materials to the upper decks for installation and completion of the building. As we noted before we are prevented from staging the crane and deliveries to this site along the west side alleyway due to overhead high voltage power lines that WM BOCA RATON FORT LAUDERDALE MIAMI 48511 T -Rex Ave., Suite 300, Boca Ratan, FL 33431 500 E Broward Blvd., #1710, Ft. Lauderdale, FL 33394 1200 Brickell Ave., #1950, Miami, FL 33131 P: 561.361.6700 ■ F: 561.361.6979 1':954.320.7022 ® F: 954.320,7025 P: 766.350,1055 a F: 78 6.523.7989 cccoz»ar HL KAUFMAN LYNN CONSTRUCTION We will make every endeavor to erect the structure and roof as quickly as possible and if we are successful may save some of time from the proposed twelve (12) month duration. Included in this MOT, and as stated earlier is the closure of the public sidewalk along the east side of the property line. Due to overhead deliveries and the extremely tight site conditions we will not be able to provide for pedestrian use along the eastern side of the project as this is the lifting area also known as a Red Safe Zone, and new construction for site utilities, the finish Hardscape and street parking we will also require the closure of the sidewalk Please note the logistics are as follows and shown on the MOT /Site Survey attached to this narrative: From property line at S.E. 2nd Avenue to building setback is 16.5 lineal feet, to the edge of the existing valley gutter and edge of street with an additional 5' -0" lineal feet to face of new structure for an overall total construction lifting and delivery area of 23 lineal feet from valley gutter to face of new structure. We will require each lineal foot (inch) at the front of S.E 2nd Avenue and all of the lay -down and trash removal area to the west as allowed per this MOT. We have analyzed the site from all sides and have found this approach to be the safest for the general public, pedestrian, and vehicular traffic surrounding this site. We respectfully request approval of this MOT for the SoFa Building Two at S.E. 2nd Avenue, Delray Beach, Florida. Should the option to close S.E. 2nd Avenue become available we most respectfully request that this MOT approval be subject to immediate revision and allow us to close S.E. 2nd Avenue for a minimum of four (4) months duration. Our team is available to answer any questions that you may have pertaining to this proposal c W. 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S.E. 1ST STREET --- }---- ' - wz°o, ¢¢¢�� Z �3Eaw W'w o mo y (Q - -- -- - my C r~ LLFK Ku K WWI ZQm rc (O Y _ N KOmm �ON n j o o z w ILJ- tC a a' 'day] UU ° a<a tl Njz Vwio i�xa a ¢ Q� Q OJ z P Ni � 08 `- W t" y�rc3 Itimel `m8 q9-�w3�W one �oP�� ...E � Ali 1111Y 1 I► III 1� I L V � F 8 p7 � 9 1 . 6 II o 118 I IY o sW 1 ow� L UX W3%(I — s—, i i z r� L V � F 8 p7 � 9 1 . 6 II o 118 I IY o sW 1 ow� L UX W3%(I — s—, i i z MEMORANDUM TO: Mayor and City Commissioners FROM: Terrill Pyburn, Interim City Attorney DATE: June 24, 2014 SUBJECT: AGENDA ITEM 9.E. - REGULAR COMMISSION MEETING OF JULY 1, 2014 SETTLEMENT OFFER BY MR. LOUIE CHAPMAN, JR. BACKGROUND This is an offer by Louie Chapman, Jr. to settle his employment claims against the City of Delray Beach. Mr. Chapman has proffered his resignation to be effective July 15, 2014 and has agreed to release the City from any claims of federal, state, or municipal anti - discrimination, anti - harassment or anti - retaliation laws, and "whistleblower" laws such as the Fair Labor Standards Act, the Equal Pay Act, the False Claims Act, the Americans with Disabilities Act, Title VII of the Civil Rights Act, as amended, the Age Discrimination in Employment Act, the Family Medical Leave Act, the Palm Beach County Equal Employment Ordinance, the Florida Civil Rights Act of 1992, Section 440.205, Florida Statutes, the National Labor Relations Act, OSHA, the Florida Whistleblower Act, the Bank Secrecy Act, Sarbanes - Oxley, and the Patriot Act, that the Employee on behalf of himself and on behalf of persons similarly situated, ever had, now has, or which his heirs, executors, administrators, attorneys, or assigns, or any of them, hereafter can, shall or may have, for or by reason of any cause whatsoever, based on any set of facts known or unknown, occurring prior to, and including, the date of the execution of a settlement agreement and general release in exchange for payment by the City of the equivalent of twenty (20) weeks' salary in the amount of Sixty -One Thousand Five Hundred Forty-Four Dollars and 00 /100 Cents ($61,544.00) as well as Five Thousand Five Hundred Thirty-Eight Dollars and 96/100 Cents ($5,538.96) as payment of nine (9) accrued vacation days as well as Two Thousand Four Hundred Dollars and 24/100 Cents ($2,400.24) of reimbursed contributions made by Mr. Chapman to the City's General Employees' Pension Plan. Both parties will execute a mutual release of liability agreement containing non - disparagement clauses. Further, the City Commission must agree that no Commissioner individually or collectively will instigate any federal, state, or local agencies to conduct any investigation into Mr. Chapman's conduct or performance while City Manager going forward from the effective date of the Release. Finally, the City Commission must agree to revoke his suspension and substitute a written letter of reprimand in his personnel file. DISCUSSION The item before the Commission is a settlement offer by Louie Chapman, Jr. to settle his employment claims. TIMING OF THE REQUEST This proposal is time - sensitive. The proposal offer will lapse if the City does not respond to the proposal by July 15, 2014. RECOMMENDATION The City Attorney's Office recommends approval of the proposal for settlement at this time. MEMORANDUM TO: Mayor and City Commissioners FROM: Terrill C. Pybum, Interim City Attorney DATE: June 26, 2014 SUBJECT: AGENDA ITEM 9.F. - REGULAR COMMISSION MEETING OF JULY 1, 2014 APPOINTMENT OF ACTING CITY ATTORNEY BACKGROUND The City Commission shall appoint an Acting City Attorney upon resignation of the current Interim City Attorney effective 5:00 p.m. on July 1, 2014 to 5:00 p.m. on July 8, 2014. RECOMMENDATION Commission discretion MEMORANDUM TO: Mayor and City Commissioners FROM: Terry Stewart, Interim City Manager DATE: June 18, 2014 SUBJECT: AGENDA ITEM 9.G. - REGULAR COMMISSION MEETING OF JULY 1, 2014 NOMINATION FOR APPOINTMENT TO THE HISTORIC PRESERVATION BOARD BACKGROUND Ms. Iris McDonald, regular member on the Historic Preservation Board, was removed due to having missed three (3) consecutive meetings. This creates a vacancy for one (1) regular member to serve an unexpired term ending August 31, 2015. Nomination for appointment is needed for one (1) regular member. To qualify for appointment, a person shall either be a resident of, or own property in the City, and /or own a business within the City. In addition, the City Commission shall fill five (5) seats on the Board with either an architect, landscape architect, realtor /real estate broker, civil engineer, general contractor, architectural historian, preservationist, land planner or interior designer. Laypersons of knowledge, experience and judgment that have an interest in historic preservation shall compose the balance of the Board. Preference should be given to professional and lay persons who own property within historic districts or whose property is individually listed in the Local Register of Historic Places. The following individuals have submitted applications and would like to be nominated for appointment: (Applications are in alphabetical order; however, the applicants are placed in their respective categories.) (See Exhibit "A" attached) A check for code violations and /or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the nomination for appointment will be made by Mayor Glickstein (Seat #5) for one (1) regular member to serve an unexpired term ending August 31, 2015. DISCUSSION This item is before the City Commission for nomination for an appointment to the Historic Preservation Board. TIMING OF THE REQUEST This item is not time - sensitive; however this appointment was deferred at the June 17, 2014 meeting. RECOMMENDATION Recommend nomination for appointment for one (1) regular member to serve on the Historic Preservation Board for an unexpired term ending August 31, 2015. HISTORIC PRESERVATION BOARD EXHIBIT A Applicants with experience in the professions required: David Harden Retired — City Manager Andrea Sherman Interior Designer Scott Wheeler Realtor HISTORIC PRESERVATION BOARD 05/14 TERM REGULAR MEMBERS OCCUPATION EXPIRES 08/31/2014 Ana Maria Aponte Urban Designer Unexp Appt 08/16/11 Reappt08 /21/12 08/31/2015 Ronald Brito General Contractor Appt 08/16/11 President Reappt10 /01/13 08/31/2014 John Miller Merchandising Unexp Appt 08/20/13 Director 08/31/2014 Annie Adkins Roof, Chairperson Attorney /Real Appt 08/17/10 Estate Broker Reappt09 /04/12 08/31/2014 Annette Smith, Vice Chairperson Business Unexp Appt 10/05/10 Owner /Interior Reappt09 /20/12 Designer 08/31/2015 Vacant 08/31/2015 Samuel Spear, 2nd Vice Chairperson Computer Appt 09 /06/11 Consultant Rea t08/20/13 Contact: Diane Miller X 7041 S /City Clerk /Board 13 /Historic Preservation Board i iAIN AM % C�j \ / \ o� o� i i o CA a� W� Q� o� H �N �N z F-_z0 fW z z0 Qn Qn O M N M O M N M p M N M N M �i o 0 MEMORANDUM TO: Mayor and City Commissioners FROM: Terry Stewart, Interim City Manager DATE: June 18, 2014 SUBJECT: AGENDA ITEM 9.H. - REGULAR COMMISSION MEETING OF JULY 1, 2014 NOMINATION FOR APPOINTMENT TO THE DOWNTOWN DEVELOPMENT AUTHORITY BOARD BACKGROUND The term for regular members, Mr. Albert Richwagen and Mr. David Beale will expire on July 1, 2014. Mr. Richwagen will have served one (1) full term, is eligible, and would like to be nominated for reappointment. Mr. David Beale will have served one (1) unexpired term, is eligible, and would like to be nominated for reappointment. Nomination for appointment is needed for one (1) regular member to serve a three (3) year term ending July 1, 2017. To qualify for appointment, a prospective member must reside in or have his or her principal place of business in the City, and shall not be serving as a City officer or employee. There is a requirement that at least four of the members must be owners of real estate within the downtown area, a lessee thereof required by the lease to pay taxes thereon, or a director, officer or managing agent of an owner or of a lessee thereof so required to pay taxes thereon. A map of the Downtown Development Authority Boundary is included for your review. Currently serving on the Downtown Development Authority and meeting ownership and tax payment qualifications are Mr. Albert Richwagen, Ms. Bonnie Beer, Mr. David Cook, Mr. David Beale and Mr. Scott Kennedy. The following individuals have submitted applications and would like to be nominated for appointment: (See Exhibit "A" attached) A check for code violations and /or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the nomination for appointment will be made by Mayor Glickstein (Seat #5) for one (1) regular member to serve on the Downtown Development Authority for a three (3) year term ending July 1, 2017. DISCUSSION This item is before the City Commission for nomination for an appointment to the Downtown Development Authority Board. TIMING OF THE REOUEST This item is not time - sensitive. RECOMMENDATION Recommend nomination for appointment for one (1) regular member to serve on the Downtown Development Authority Board for a three (3) year term ending July 1, 2017. DOWNTOWN DEVELOPMENT AUTHORITY EXHIBIT "A" Peter Arts Insurance David Beale Attorney Incumbent /Tax Qualification Alan Costilo Business Owner (also applying for the Community Redevelopment Agency, Parking Management Advisory Board and Downtown Development Authority) Mark Denkler Sales - Business Owner Tax Qualification Kenneth Peltzie Health Administration /Self - employed (also applying for the Community Redevelopment Agency Board) Albert Richwagen Business Owner Incumbent /Tax Qualification Annie Roof Attorney Bryan Weber Attorney (also applying for the Community Redevelopment Agency Board) DOWNTOWN DEVELOPMENT AUTHORITY (DDA) 85 SE 4h Avenue, Suite #108 Delray Beach, FL 33483 3 year term 06/14 Marjorie Ferrer Executive Director ofDDA TERM REGULAR MEMBERS EXPIRES 07/01/2014 Albert Richwagen *Tax qualification Appt 06/21/11 07/01/2017 Ryan Boylston Appt 07/05/11 Reappt 06/17/14 07/01/2015 Bonnie Beer *Tax qualification Appt 06/19/12 07/01/2017 Frank Frione Appt 06/17/14 07/01/2015 David Cook, Treasurer *Tax qualification Unexp Appt 05/15/07 Reappt 07/07/09 Reappt 07/05/12 07/01/2017 Scott Kennedy *Tax qualification Appt 06/17/14 07/01/2016 Seabron A. Smith, Vice Chair Unexp Appt 07/21/09 Reappt 07/06/10 Reappt 06/18/13 Contact person: Marjorie Ferrer Phone: 243 -1077 Fax: 243 -1079 Cell: 271 -3168 Membership increased to 7 members on 07/01/99 S /City Clerk /Board 14 /DDA Marjorie Ferrer Executive Director Delray Beach Downtown Development Authority 85 SE 4th Avenue, Suite #108 Delray Beach, FL 33483 ph: 561- 243 -1077 fax: 561- 243 -1079 cell: 561- 271 -3168 U Wo Q U� 0 H ti o� No 00o No No 0 00 000000 00 00 00 ^I i i H Z W A wz .o A � i0 Q i Q i U i \ O / N i i MEMORANDUM TO: Mayor and City Commissioners FROM: Terry Stewart, Interim City Manager DATE: June 18, 2014 SUBJECT: AGENDA ITEM 9.I. - REGULAR COMMISSION MEETING OF JULY 1, 2014 NOMINATIONS FOR APPOINTMENT TO THE CIVIL SERVICE BOARD BACKGROUND The term for regular members, Ms. Carol Clark, Mr. Keith Sonderling, and alternate member Ms. Kristin Christensen will expire on July 1, 2014. Ms. Clark and Mr. Sonderling will have served one (1) full term, are eligible, and would like to be nominated for reappointment. Ms. Christensen will have served an unexpired term and would not like to be nominated for reappointment. Nominations for appointment are needed for two (2) regular members and one (1) alternate member to serve two (2) year terms ending July 1, 2016. According to the Civil Service Act, there are to be five (5) regular members on the Civil Service Board; three (3) of which are to be of different vocations or vocational backgrounds, not employed by the City in any capacity, official or otherwise and appointed by the City Commission. Eligible City employees elect two (2) regular members. In addition, there are two (2) alternate members. The appointee need not be a resident, property owner or business owner within the City. The following individuals have submitted applications and would like to be nominated for appointment: Keith Sonderling Retired /Accounting Clerk Incumbent Carol Clark Attorney Incumbent Kevin Warner Educator (also applying to the Education and Delray Beach Housing Authority Board) A check for code violations and /or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the nominations for appointment will be made by Commissioner Petrolia (Seat #1) and Commissioner Jacquet (Seat #2) for two (2) regular members to serve two (2) year terms ending July 1, 2016. Commissioner Frankel (Seat #3) will nominate one (1) alternate member to serve on the Civil Service Board for a two (2) year term ending July 1, 2016. DISCUSSION This item is before the City Commission for nominations for appointment to the Civil Service Board. TIMING OF THE REOUEST This item is not time - sensitive. RECOMMENDATION Recommend nominations for appointment for two (2) regular members and one (1) alternate member to serve on the Civil Service Board for two (2) year terms ending July 1, 2016. CIVIL SERVICE BOARD 04/13 TERM EXPIRES REGULAR MEMBERS CURRENT OCCUPATION 07/01/2014 Keith Sonderling Appt 07/05/12 Attorney 07/01/2014 Carol Clark Retired /Accounting Appt 07/06/10 alt Clerk Appt 06/19/12 reg 04/01/2015 Larry Zalkin Financial Advisory Appt 04/05/11 Reappt04 /16/13 04/24/2015 Jennifer Reynolds, Chairperson Elected 04/27/05 Network Engineer Re- elected 04/26/06 Re- elected 04/26/07 Re- elected 04/30/08 Re- elected 04/30/09 Re- elected 04/29/10 Re- elected 04/28/11 Re- elected 04/25/12 Re- elected 04/25/13 Re- elected 04/30/14 04/24/15 Chassler Holm, Vice Chairperson Utility Maintenance Elected 04/25/12 Supervisor Re- elected 04/25/13 Re- elected 04/30/14 ALTERNATES 07/01/2014 Kristin Christensen Financial Services Unexp Appt 08/21/12 04/24/2015 Desiree Lancaster Executive Assistant Elected 04/30/14 Contact: Yolaina Ruiz 243 -7056 S /City Clerk /Board 13 /Civil Service U W Q O z i U 0 i H w N i / ti W N N WW W ii pp O / W zo �wwH�z�� d rW ti NN 0 0 O 6 U / 'O i i W N N WW W ii MEMORANDUM TO: Mayor and City Commissioners FROM: Terry Stewart, Interim City Manager DATE: June 18, 2014 SUBJECT: AGENDA ITEM 9.1 - REGULAR COMMISSION MEETING OF JULY 1, 2014 NOMINATIONS FOR APPOINTMENT TO THE PUBLIC ART ADVISORY BOARD BACKGROUND The term for regular members Ms. Sharon Koskoff, Mr. Kevin Rouse and Ms. Carolyn Pendelton- Parker will expire on July 31, 2014. Ms. Koskoff, Mr. Rouse and Ms. Pendelton- Parker will have served one (1) full term, are eligible, and would like to be nominated for reappointment. Please note that there is a vacancy due to the resignation of Mr. Chris Metzger. Nominations for appointment are needed for three (3) regular members to serve two (2) year terms ending July 31, 2016 and one (1) regular member to serve an unexpired term ending July 31, 2015. On February 1, 2005, the Delray Beach City Commission adopted Ordinance No. 77 -04 establishing the Public Art Advisory Board for the purpose of advising and making recommendations to the City Commission with respect to public art policy and related issues including, but not limited to, the selection, construction and placement of public art in/on City right -of -way and City owned property. The Public Art Advisory Board shall consist of seven (7) members. Three (3) seats on the Board must be filled with either an artist, architect, landscape architect or engineer. Laypersons of knowledge, experience and judgment who have an interest in public art shall make up the balance of the Board. The following individuals have submitted applications and would like to be nominated for appointment: (See Exhibit "A" attached) A check for code violations and /or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the nominations for appointment will be made by Mayor Glickstein (Seat #5), Commissioner Petrolia (Seat #1) and Commissioner Jacquet (Seat #2) for three (3) regular members to serve two (2) year terms ending July 31, 2016. Commissioner Frankel (Seat #3) will nominate one (1) regular member to serve an unexpired term ending July 31, 2015. DISCUSSION This item is before the City Commission for nomination for an appointment to the Public Art Advisory Board. TIMING OF THE REOUEST This item is not time sensitive. RECOMMENDATION Recommend nomination for appointments for three (3) regular members to serve on the Public Art Advisory Board for two (2) year terms ending July 31, 2016 and one (1) regular member to serve an unexpired term ending July 31, 2015. PUBLIC ART ADVISORY BOARD EXHIBIT A Shirl Fields Jewelry Designer/Retired Sharon Koskoff Artist Incumbent Carolyn Pendelton- Parker Landscape Architect Incumbent Kevin Rouse Photographer/Artist/Business Owner Incumbent PUBLIC ART ADVISORY BOARD 05/14 TERM EXPIRES REGULAR MEMBERS OCCUPATION 07/31/15 Daniel Bellante Business Owner Unexp Appt 03/20/12 Reappt07 /09/13 07/31/14 Sharon Koskoff Artist Appt 07/17/12 07/31/15 Vacant Unexp Appt 2/11/14 07/31/14 Sandi Franciosa Appt 07/20/10 Administrative Reappt07 /17/12 Asst /Retired 07/31/14 Kevin Rouse Artist /Photographer Appt 07/17/12 07/31/14 Carolyn Pendelton- Parker Landscape Architect Appt 08/07/12 07/31/15 Patricia Truscello Public Relations Appt 05/21/13 Unexp Appt + Specialist 2 yr Contact: Suzanne Davis 243 -7151 S/ City Clerk /Board 14 /Public Art Advisory Board U WN Q ON z i �N 0 i wN M O M N M O O O O O O O O O O O �N �N N �1 Q �1 N � / i p N •^I � i.l '�^yI 0 •^I •^I •i.l a / O O N / N a pp ti -o 0 O M M M O M ,� O U O / Z N �u t / i M O M N M O O O O O O O O O O O N �1 Q �1 •^I � i.l '�^yI 0 •^I •^I •i.l MEMORANDUM TO: Mayor and City Commissioners FROM: Terry Stewart, Interim City Manager DATE: June 18, 2014 SUBJECT: AGENDA ITEM 9.K. - REGULAR COMMISSION MEETING OF JULY 1, 2014 NOMINATIONS FOR APPOINTMENT TO THE EDUCATION BOARD BACKGROUND The term for regular members Ms. Debra Kaiser and Ms. Angela Burns, will expire on July 31, 2014. Mr. Herrera resigned effective May 30, 2014. This creates a vacancy for one (1) regular member to serve unexpired term ending July 31, 2014. Ms. Debra Kaiser will have served two (2) full terms and is not eligible for reappointment. Ms. Burns will have served one (1) full term, is eligible, and would like to be nominated for reappointment. Nominations for appointment are needed for two (2) regular members to serve two (2) year terms ending July 31, 2016 and one (1) regular member to serve an unexpired term ending July 31, 2016. Per Ordinance No. 15 -12, the appointed member shall be allowed to serve the following full regular term without reappointment because the unexpired term is for a period of time less than six months. Members of the Education Board must be a resident of the City, own property, own or operate a business within the City or have a child attending Delray Beach public schools. It is the intent, whenever possible, that the membership include persons with a background in business, real estate and /or education. The following individuals have submitted applications and would like to be considered for appointment: (See Exhibit "A" attached) A check for code violations and /or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the nominations for appointment will be made by Commissioner Petrolia (Seat #1) and Commissioner Jacquet (Seat #2) for two (2) regular members to serve two (2) year terms ending July 31, 2016. Commissioner Frankel (Seat #3) will nominate one (1) regular member to serve an unexpired term ending July 31, 2016. DISCUSSION This item is before the City Commission for nomination for an appointment to the Education Board. TIMING OF THE REOUEST This item is not time sensitive. RECOMMENDATION Recommend nominations for appointment for two (2) regular members to serve on the Education Board for two (2) year terms ending July 31, 2016 and one (1) regular member to serve an unexpired term ending July 31, 2016. Mercie Alcindor Angela Burns Adam Reback Lisa Paolo Kevin Warner EDUCATION BOARD EXHIBIT A Educator Educator Incumbent Operation Consultant (Currently on Nuisance Abatement Board) Director of Academy Operations Educator (also applying to the Delray Beach Housing Authority and the Civil Service Board) 6/14 EDUCATION BOARD TERM EXPIRES NAME & ADDRESS OCCUPATION 07/31/2015 Mitchell Katz, Chair Development Appt 07 /05/11 Representative Reappt07 /25/13 07/31/2014 Vacant Special Events Coordinator Unexp Appt 04/21/11 Appt 07/17/12 07/31/2016 Jeremy Office Certified Financial Planner Appt 4/01/14 07/31/2016 Michelle Quigley Educator Appt 4/01/14 07/31/2014 Debra Kaiser Senior Director Appt 07/20/10 Reappt07 /17/12 07/31/2014 Angela Burns Educator Unexp Appt 11/15/11 Reappt 07/17/12 7/31/2015 Julia Kadel Director of Admissions Unexp Appt 12/06/11 Reappt07 /25/13 07/31/2015 Cathy DeMatto Development Consultant Appt 08/06/13 07/31/2015 Daryl Pauling Educator Unexp Appt 10/01/13 07/31/2015 Joyce Warner Educator Appt 07/25/13 07/31/2015 Margarita Kaufman Educator Appt 08/06/13 STUDENT MEMBERS one term limit 7/31/2015 Vacant Student 2 YEAR TERM 7/31/2014 Vacant 1 YEAR TERM Student Contact: Janet Meeks 243 -7231 S /City Clerk /Board 2013 /Education Board U W� Q OM z U� 0 w� N M� � QI QI � QI � QI QI QI � QI QI ti ti ti� � ti ti ti '� ti ti ff "'i ti "'i ti ti ff ti ff ti ff ti "'i l(1 M M M M M N M M N1 O N M N O M M N M O M O O p O O O O O O O O O O O p 0 O O O O p O O i i \ N / O / O p \ 'O \ O / O oc W Qn MEMORANDUM TO: Mayor and City Commissioners FROM: Terry Stewart, Interim City Manager DATE: June 18, 2014 SUBJECT: AGENDA ITEM 9.L. - REGULAR COMMISSION MEETING OF JULY 1, 2014 NOMINATIONS FOR APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY BACKGROUND The term for regular members Ms. Marcia Beam, Ms. Sylvia Morris and Ms. Choli Aronson will expire on July 14, 2014. Ms. Beam will have served an unexpired term, is eligible, and would like to be nominated for reappointment. Ms. Morris and Ms. Aronson will have served one (1) full term, are eligible, and would like to be nominated for reappointment. Nominations for appointment are needed for three (3) regular members to serve four (4) year terms ending July 14, 2018. Per Florida Statute, Chapter 421, an appointee may not be an officer or employee of the City. The following individuals have submitted applications and would like to be nominated for appointment: (See Exhibit "A" attached) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. According to Florida Statutes, members are appointed by the Mayor and ratified by the Commission. However, at the City Commission meeting of June 5, 1991, a consensus was reached whereby each Commissioner would, on an informal basis and according to the rotation procedure, make a recommendation to the Mayor as to the Housing Authority appointees. Based on this system, the nominations for appointment will be made by Mayor Glickstein (Seat #5), Commissioner Petrolia (Seat #1), and Commissioner Jacquet (Seat #2) for three (3) regular members to serve on the Delray Beach Housing Authority for four (4) year terms ending July 14, 2018. DISCUSSION This item is before the City Commission for recommendations for appointment to the Delray Beach Housing Authority Board. TIMING OF THE REQUEST This item is not time - sensitive. RECOMMENDATION Recommend nominations for appointment for three (3) regular members to serve on the Delray Beach Housing Authority Board for four (4) year terms ending July 14, 2018. DELRAY BEACH HOUSING AUTHORITY EXHIBIT "A" Choli Aronson Incumbent Marcia Beam Incumbent Philip Friedman Finance (currently serving on the Nuisance Abatement Board) Sylvia Morris Incumbent Kevin Warner Educator (also applying to the Education and Civil Service Board) Morris Weinman Retired Alan Weitz CEO Financial Banking DELRAY BEACH HOUSING AUTHORITY 4 YEAR TERM 600 N. Congress Avenue, Suite 310B Delray Beach, FL 33445 05/14 TERM REGULAR MEMBERS EXPIRES 07/14/2016 Joseph Hepp, Chair Unexpired Appt 10/21/08 Reappt06 /19/12 07/14/2014 Marcia Beam Unexp Appt 10/04/11 07/14/2014 Sylvia Morris Unexp Appt 07/10/07 Reappt07 /06/10 07/14/2017 Gaston Joseph Unexp Appt+ 4 yrs. 05/21/13 10/27/2015 Christel Silver, Vice Chair Appt 11/6/07 Reappt10 /04/11 03/06/2018 Guam Sims Unexp Appt 10105110 Rea t 5/13/14 07/14/2014 Choli Aronson Unexp Appt 05/19/09 Reappt07 /06/10 Director: Dorothy Ellington Contact: Jackie Fernandez 272 -6766 X -18 jfernandez@dbha.org Housing Authority Fax 278 -4937 272 -7352 S/ City Clerk /Board 14 /Delray Beach Housing i O � x i x U Q U \ O / N i i U Q� O° N z o� H �N ti �N zo 2Eww�-_zo wN a� a a a a a w ti ~ inl ^/1 T� 0 V1 •� �.y� �i.y��l i O � x i x U Q U \ O / N i i U Q� O° N z o� H �N ti �N zo 2Eww�-_zo MEMORANDUM TO: Mayor and City Commissioners FROM: Diane Colonna, CRA Executive Director THROUGH: Terry Stewart, Interim City Manager DATE: June 23, 2014 SUBJECT: AGENDA ITEM 9.M. - REGULAR COMMISSION MEETING OF JULY 1, 2014 NOMINATION FOR APPOINTMENT OF A CHAIRPERSON AND VICE - CHAIRPERSON TO THE CRA BOARD BACKGROUND Florida Statutes Chapter 163.356(c) states that the governing body of a municipality (i.e. the City Commission) is to designate the Chair and Vice Chair of the Community Redevelopment Agency (CRA) Board. The CRA Board appoints its own First Vice Chair and Treasurer. The City's LDRs, Section 8.1.1(13)(3) state that the Commission shall designate the Chair and Vice Chair on an annual basis, with the terms beginning on August 1st and ending July 31 st CRA Chair Howard Lewis's term on the board ends with the June 26th meeting. Herman Stevens is the current Vice Chair, Annette Gray is the First Vice Chair, and Bill Branning is the Treasurer. Attached is a list of the full CRA board of Commissioners and their terms (effective July 1, 2014). DISCUSSION The item before the City Commission is the appointment of CRA Chair and Vice Chair. TIMING OF THE REQUEST With the expiration of Mr. Lewis's term, the office of CRA Chair will be vacant until filled. RECOMMENDATION Appoint a Chair and Vice -Chair of the Community Redevelopment Agency. 06/14 COMMUNITY REDEVELOPMENT AGENCY 4 YEAR TERM 20 N. Swinton Avenue Delray Beach, FL 33444 TERM REGULAR MEMBERS OCCUPATION EXPIRES 07/01/2017 Joseph Bernadel Chief Operating Appt 06/18/13 Officer 07/01/2015 Annette Gray, First Vice Chair Real Estate Broker Appt 06/21/11 07/01/2017 Reginald Cox Chief Building Appt 07/09/13 Official 07/01/2018 Cathy Balestriere Managing Director Appt 06/17/14 07/01/2016 William Branning, Treasurer Unexp Appt 05/02/06 Contractor Reappt07 /01/08 Reappt 06/05/12 07/01/2017 Paul Zacks Appt 07/25/13 Attorney 07/01/2017 Herman Stevens, Vice Chair Attorney Appt 06/16/09 Reappt06 /18/13 Contact person: Diane Colonna 276 -8640 S /City Clerk /Board 14 /CRA MEMORANDUM TO: Mayor and City Commissioners FROM: Planning and Zoning THROUGH: Terry Stewart, Interim City Manager DATE: June 23, 2014 SUBJECT: AGENDA ITEM 10.A. - REGULAR COMMISSION MEETING OF JULY 1, 2014 ORDINANCE NO. 07 -14 (SECOND READING /SECOND PUBLIC HEARING) BACKGROUND On April 16, 2014, the City Commission approved Ordinance No. 07 -14 on First Reading. The subject Ordinance was before the City Commission for Second Reading at its June 17, 2014 meeting. The Commission voted to approve Ordinance 07 -14 on a vote of 4- 1(Jarjura dissenting), subject to a density of 21 units per acre, as opposed to the requested 24 units per acre. However, the City Commission subsequently made the decision on a vote of 5 -0 to reconsider the item at the July 1, 2014 meeting, so further discussion of the density request could occur. FINANCIAL DEPARTMENT REVIEW Finance recommends approval. DISCUSSION This ordinance is before Commission for second reading to consider a privately- initiated amendment to the Future Land Use Element of the Comprehensive Plan, modifying the description of the General Commercial (GC) Future Land Use designation, and Policy A -7.2 of the Future Land Use Element, to allow an increase in density to a maximum of 24 units per acre, and establish a maximum Floor Area Ratio (FAR) of 0.75 for lands zoned General Commercial (GC) which are located within the Infill Workforce Housing Overlay District. TIMING OF THE REQUEST This item is not time - sensitive. RECOMMENDATION Staff recommends approval of Ordinance No. 07 -14 on second and final reading. ORDINANCE NO. 07 -14 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING A COMPREHENSIVE PLAN AMENDMENT, PURSUANT TO THE PROVISIONS OF THE "COMMUNITY PLANNING ACT ", FLORIDA STATUTES SECTIONS 163.3161 THROUGH 163.3248, INCLUSIVE; ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED " DELRAY PRESERVE COMPREHENSIVE PLAN AMENDMENT ", AND INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach exercised the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.3248, 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, the Planning and Zoning Board, as Local Planning Agency, did prepare an amendment to the Comprehensive Plan entitled 'Delray Preserve Comprehensive Plan Amendment "; and, WHEREAS, the Planning and Zoning Board, as Local Planning Agency, following due public notice, held a public hearing on February 24, 2014, in accordance with the requirements of the "Community Planning Act "; and WHEREAS, after the above referenced public hearing, the Planning and Zoning Board, as Local Planning Agency, recommended to the City Commission that the proposed Delray Preserve Comprehensive Plan Amendment be transmitted; and WHEREAS, the proposed Delray Preserve Comprehensive Plan Amendment was submitted to and reviewed by the City Commission; and WHEREAS, following due public notice, the first of two required public hearings on Delray Preserve Comprehensive Plan Amendment was held by the City Commission on April 16, 2014 at which time it was authorized to be transmitted to the Department of Economic Opportunity for required review; and WHEREAS, 'Delray Preserve Comprehensive Plan Amendment" was found to be in compliance by the Florida Department of Economic Opportunity and no ORC (Objections, Recommendations & Comments) Report was issued; and WHEREAS, following due public notice, the second of two required public hearings on Delray Preserve Comprehensive Plan Amendment was held on June 17, 2014 in accordance with statutory requirements. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Florida, 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 2. That in implementation of its declared intent as set forth in Section 1 of this ordinance, there is hereby adopted the document entitled "Delray Preserve Comprehensive Plan Amendment ", which is attached hereto as Exhibit "A" and incorporated herein by reference. Section 3. That the document entitled "Comprehensive Plan - Delray Beach, Florida" is hereby amended pursuant to the document entitled "Comprehensive Plan Amendment 2014 -1 ". Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 6. That this ordinance shall become effective upon the date a final order is issued by the Department of Economic Opportunity finding the amendment in compliance in accordance with Chapter 163.3184, F.S.; or the date a final order is issued by the Administration Commission finding the amendment to be in compliance in accordance with Chapter 163.3 184, F. S. 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. 07 -14 EXHIBIT "A" DELRAY PRESERVE COMPREHENSIVE PLAN AMENDMENT 1) Location: Future Land Use Element — Pg. FL -23 Policy A -7.2 (Workforce Housing) 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 I- 95 /CSX RR Corridor Overlay District shall have a maximum of 24 units per acre. • The SW 10ffi 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. • The Infill Overlay District shall have -a maximum density of 24 units per acre for lands zoned General Commercial. All other zoning districts within the Infill Overlay District shall have a maximum density of 18 units per acre. 2) Location: Future Land Use Element — Pg. FL -39, Description of the General Commercial FLUM designation. General Commercial: This designation is applied to land which is, or should be, developed for general commercial purposes e.g. retail, office, services. Light industrial type uses such as fabrication and assembly are permissible under this designation when located in the special overlay district between Federal Highway and Dixie Highway, north of N.E. 14th Street to the north City limit. A maximum Floor Area Ratio of 3.0 is permitted for nonresidential uses, except as indicated within the following overlay districts: • Four Corners Overlay District - For mixed -use development within this overlay district, the nonresidential component is limited to an FAR of 2.0 • Silver Terrace Courtyards Overlay District - Nonresidential development is limited to an FAR of 0.75 • Lintco Development Overlay District - Nonresidential development is limited to an FAR of 0.36. • Waterford Overlay District - Nonresidential development is limited to an FAR of 1.32. • Infill Workforce Housing Overlay District - Nonresidential development is limited to an FAR of 0.75 for lands zoned General Commercial (GC. ORD. NO. 07 -14 Residential uses may comprise up to 15% of the total floor area of the General Commercial Land Use designation. Residential uses are permitted either in conjunction with a commercial use, or as a stand alone use subject to Conditional Use approval. Residential density is limited to a maximum of 12 dwelling units per acre, except in Redevelopment Area #6 (Lindell /Federal Highway) where residential densities may be allowed up to a maximum of 16 units per acre subject to Conditional Use approval and the criteria outlined in the Redevelopment Plan for that area and within the Silver Terrace Courtyards Overlay District where residential densities may be allowed up to a maximum of 22 units per acre subject to Conditional Use approval. Areas with the General Commercial designation, located within a workforce housing overlay district, may also exceed 12 units per acre up to a maximum of 30 units per acre within the Four Corners Overlay District and 48 24 units per acre within the infill workforce housing area, by obtaining density bonuses through the provision of workforce housing units. 4 ORD. NO. 07 -14 Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: Amy E. Alvarez, Senior Planner Mark McDonnell, AICP, Interim Director of Planning and Zoning THROUGH: Louie Chapman, Jr., City Manager DATE: April 1, 2014 SUBJECT: AGENDA ITEM N.A. -REGULAR COMMISSION MEETING OF APRIL 16, 2014 ORDINANCE 07 -14 (FIRST READINGMRST PUBLIC HEARING) ITEM BEFORE COMMISSION Page 1 of 2 The item before Commission is consideration of Ordinance No. 07 -14, a privately- initiated amendment to the Future Land Use Element of the Comprehensive Plan, modifying the description of the GC (General Commercial) Future Land Use designation, and Policy A -7.2 of the Future Land Use Element, to allow an increase in density to a maximum of 24 units per acre, and establish a maximum Floor Area Ratio (FAR) of 0.75 for lands zoned GC (General Commercial) which are located within the Infill Workforce Housing Overlay District. BACKGROUND The Family/Workforce Housing Ordinance, initially adopted by the City Commission on December 6, 2004, includes incentives to provide workforce housing by allowing density bonuses in certain areas of the City. In 2006, Ordinance No. 17 -06 was adopted by the City Commission to expand the City's Workforce Housing Program to provide additional opportunities and incentives which included the addition of the Infill Workforce Housing Area. This area specified the property at 2001 North Federal Highway (fka Delray Beach Swap Shop) which is zoned General Commercial (GC). The amendment provided for a maximum density of 18 units per acre through density bonuses for the provision of workforce housing. The subject text amendment is to the Future Land Use Element of the Comprehensive Plan. Policy A- 7.2 will be amended to permit a maximum density of 24 units per acre for land zoned General Commercial within the Infill Overlay District, and that all other zoning districts within the overlay district will continue to have a maximum density of 18 units per acre. Additionally, the description of General Commercial within the Future Land Use Element will be amended to establish a Floor Area Ratio (FAR) of 0.75 (reduced from the current 3.0 FAR) for non- residential development of lands zoned GC within the Infill Workforce Housing Overlay District. http: l/ itwebappl Agendalntranet /Bluesheet.aspx ?ltemlD= 7776 &MeetingID =501 6/12/2014 Coversheet Page 2 of 2 The owner of the property at 2001 North Federal Highway (fka Delray Beach Swap Shop) is proposing to redevelop the vacant property to accommodate a free - standing, multi - family housing development containing 205 units within the GC (General Commercial) zoning district, at a density of 23.9 dwelling units per acre. The subject property is also currently designated as an Infill Workforce Housing Area. It is noted that the proposed project for 2001 North Federal Highway, referred to as Delray Preserve, does not contain commercial use. While the subject request is not property specific, the property at 2001 North Federal Highway is the only property to which the amendment is applicable at this time, as it is the only GC zoned property identified as an Infill Workforce Housing Area. As a conditional use, the subject property could presently be developed at 18 units per acre, in accordance with the requirements of the Infill Workforce Housing Area. It is noted that an LDR Text Amendment (Ordinance No. 08 -14) to increase the number of dwelling units per acre from 18 to 24 has been submitted and is being reviewed concurrently with the subject amendment; the First Reading of Ordinance 08 -14 will be scheduled for a First Reading subsequent to a response from the State of Florida's Department of Economic Opportunity on the subject Comprehensive Plan Text Amendment. The Applicant has indicated that the increased density is required to provide "sustainable development." Additionally, the required Workforce Housing Units would double from between 13 and 26 workforce units at a density of 18 units per acre, to between 25 and 55 workforce units at a density of 24 units per acre. A complete copy of the justification for the request is provided as an attachment. REVIEW BY OTHERS The Community Redevelopment Agency (CRA) reviewed the proposed amendment at its meeting of February 13, 2014 and recommended approval. The Planning and Zoning Board reviewed the proposed amendment at its meeting of February 25, 2014 and recommended approval on a vote of 2 -3 (Jarjura, Davey, and Darden dissenting; Shutt and Pierre -Louis absent). Following the presentation of the item, many property owners from adjacent residential developments and nearby neighborhoods spoke in opposition of the request over concerns of intensity, density, and traffic. The members of the Planning and Zoning Board discussed these issues, as well, with three members expressing similar concerns as the public. The complete Planning and Zoning Board Staff Report is included as an attachment and provides additional analysis of the proposed amendment. RECOMMENDATION Approve on first reading Ordinance No. 07 -14, a privately - initiated amendment to the Future Land Use Element of the Comprehensive Plan, modifying the description of the GC (General Commercial) Future Land Use designation and Policy A -7.2 of the Future Land Use Element to allow an increase in density to a maximum of 24 units per acre, and establish a maximum Floor Area Ratio (FAR) of 0.75 for lands zoned GC (General Commercial) which are located within the Infill Workforce Housing Overlay District, by adopting the findings of fact and law contained in the Staff Report and finding that the request is consistent with the Comprehensive Plan. http:// itwebapp/ AgendaIntranet /Bluesheet.aspx ?ItemID- 7776 &MeetingID =501 6/12/2014 Rick Scott Jesse Panuccio GOVERNOR - �� EXECUTIVE DIRECTOR FLORIDA DEPAPT"MlENT-f ECONOMIC OPPORTUNITY May 23, 2014 The Honorable Cary Glickstein, Mayor City of Delray Beach 100 NW 1't Avenue Delray Beach, Florida 33444 Dear Mayor Glickstein: The Department of Economic Opportunity has completed its review of the proposed comprehensive plan amendment for the City of Delray Beach (Amendment No. 141ESR), which was received on April 25, 2014. We have reviewed the proposed amendment pursuant to Sections 163.3184(2) and (3), Florida Statutes (F.S.), and identified no comment related to important state resources and facilities within the Department's authorized scope of review that will be adversely impacted by the amendment if adopted. The City is reminded that pursuant to Section 163.3184(3)(b), F.S., other reviewing agencies have the authority to provide comments directly to the City. If other reviewing agencies provide comments, we recommend the City consider appropriate changes to the amendment based on those comments. If unresolved, such comments could form the basis for a challenge to the amendment after adoption. The City should act by choosing to adopt, adopt with changes, or not adopt the proposed amendment. Also, please note that Section 163.3184(3)(c)1, F.S., provides that if the second public hearing is not held and the amendment adopted within 180 days of your receipt of agency comments, the amendment shall be deemed withdrawn unless extended by agreement with notice to the state land planning agency and any affected party that provided comment on the amendment. For your assistance, we have enclosed the procedures for adoption and transmittal of the comprehensive plan amendment. We appreciate the opportunity to work with the City of Delray Beach on planning and community development issues. If you have any questions concerning this review, please contact Adam Antony Biblo, at (850) 717 -8503, or by email at Adam.Biblo @deo.mvFlorido.com . Sincerely, r Ana Richmond, Chief Bureau of Community Planning AR /aab Enclosure: Procedures for adoption of comprehensive plan amendments cc: Amy E. Alvarez, Senior Planner, City of Delray Beach Planning and Zoning Department Michael J. Busha, AICP, Executive Director, Treasure Coast Regional Planning Council Florida Department of Economic Opportunity Caldwell Building f 107 E. Madison Street I Tallahassee, FL 32399 866.FLA.2345 850.245.7105 1 850.921.3223 Fax www- floridajobs.or www.twitter.com /FLDEO I www.facebook.cnm /FLDEO SUBMITTAL OF ADOPTED COMPREHENSIVE PLAN AMENDMENTS FOR EXPEDITED STATE REVIEW Section 163.3184(3), Florida Statutes NUMBER OF COPIES TO BE SUBMITTED: Please submit three complete copies of all comprehensive plan materials, of which one complete paper copy and two complete electronic copies on CD ROM in Portable Document Format (PDF) to the State Land Planning Agency and one copy to each entity below that provided timely comments to the Iocal government: the appropriate Regional Planning Council; Water Management District; Department of Transportation; Department of Environmental Protection; Department of State; the appropriate county (municipal amendments only); the Florida Fish and Wildlife Conservation Commission and the Department of Agriculture and Consumer Services (county plan amendments only); and the Department of Education (amendments relating to public schools); and for certain local governments, the appropriate military installation and any other local government or governmental agency that has filed a written request. SUBMITTAL LETTER: Please include the following information in the cover letter transmitting the adopted amendment: State Land Planning Agency identification number for adopted amendment package; Summary description of the adoption package, including any amendments proposed but not adopted; Identify if concurrency has been rescinded and indicate for which public facilities. (Transportation, schools, recreation and open space). Ordinance number and adoption date; Certification that the adopted amendment(s) has been submitted to all parties that provided timely comments to the local government; Name, title, address, telephone, FAX number and e-mail address of local government contact; Letter signed by the chief elected official or the person designated by the local government. Effective: June 2, 2011 Page 1 ADOPTION AMENDMENT PACKAGE: Please include the following information in the amendment package: In the case of text amendments, changes should be shown in strike - through/underline format. In the case of future land use map amendments, an adopted future land use map, in color format, clearly depicting the parcel, its future land use designation, and its adopted designation. A copy of any data and analyses the local government deems appropriate. Note: If the local government is relying on previously submitted data and analysis, no additional data and analysis is required; Copy of the executed ordinance adopting the comprehensive plan amendment(s); Suggested effective date language for the adoption ordinance for expedited review: The effective date of this plan amendment, if the amendment is not timely challenged, shall be 31 days after the state land planning agency notifies the local government that the plan amendment package is complete. If timely challenged, this amendment shall become effective on the date the state land planning agency or the Administration Commission_ enters a final order determining this 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. List of additional changes made in the adopted amendment that the State Land Planning Agency did not previously review; List of findings of the local governing body, if any, that were not included in the ordinance and which provided the basis of the adoption or determination not to adopt the proposed amendment; Statement indicating the relationship of the additional changes not previously reviewed by the State Land Planning Agency in response to the comment letter from the State Land Planning Agency, Effective: June 2, 2011 Page 2 GULF STREAM BOULEVARD SEACREST BLVD. c qv£. 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Q 3 2 rL" 2 _ U z 7:1 -- DIGITAL BASE MAP SYSTEM -- MAP REF: S: \Planning & Zoning \DBMS \File— Cob \Z —LM 1000 - 1500 \LM1458_2001 N FEDERAL HWY N SUBJECT D E L RAY PRESERVE PROPERTY PLANNING AND ZONING DEPARTMENT Q LOCATION MAP c� s > _ W W � a � Z i S GJ i z V-1 O O N F --I" L _. I � �'ti■ r�y7, Y� yh 1 Y :1 yr Jl',r T I !� � •fir. 'u. 3 s dA a� a� a � LL i S GJ i z V-1 O O N s• „ 1A. f �I I I} E i ro 3 s � - 1��^ I M1 W W C L 00 a W Y LL o ,. i s a CL 0 N i, Z °' i 0 0 N �I I I} E i ro N d � 3 3 s � 3 s 0 GJ i c a LPL -° L s s O " 0 Z � w O O CL N ° - a I V 11 1, f 1 s �{ ;tow A v t r 1 s �{ ;tow A v � 3 3 t s 0 a� dJD t _ c � � Y a � a L i N _ s a W � N O U Z 16 N O t O a Q N ° CL l` A r s" y r- 1 Y � { a PLANNING AND ZONING BOA: D MEMORANDUM STAFF REPORT MEETING DATE: FEBRUARY 25, 2014 AGENDA NO: IV.C. AGENDA ITEM: Privately- initiated amendments to the Future Land Use Element of the Comprehensive Plan, modifying the description of the GC (General Commercial) Future Land Use designation and Policy A -7.2 of the Future Land Use Element to allow an increase in density from 18 to a maximum of 24 units per acre, and establish a maximum Floor Area Ratio (FAR) of 0.75 for lands zoned GC (General Commercial) which are located within the Infill Workforce Housing Overlay District, and identify the previously established Silver Terrace Courtyards Overlay District as Workforce Housing Overlay District. The item before the Board is that of making a recommendation to the City Commission regarding privately - initiated amendments to the Future Land Use Element of the Comprehensive Plan, modifying the description of the GC (General Commercial) Future Land Use designation, and Policy A -7.2 of the Future Land Use Element, to allow an increase in density to a maximum of 24 units per acre, and establish a maximum Floor Area Ratio (FAR) of 0.75 for lands zoned GC (General Commercial) which are located within the Infill Workforce Housing Overlay District, and identify the previously established Silver Terrace Courtyards Overlay District as Workforce Housing Overlay District. Pursuant to LDR Section 2.2.2(E)(6)(a), the Planning and Zoning Board shall review and make a recommendation to the City Commission with respect to Amendments to the Comprehensive Plan. The subject text amendment is to the Future Land Use Element of the Comprehensive Plan, Policy A -7.2 will be amended to permit a maximum density of 24 units per acre for land zoned General Commercial within the Infill Overlay District, and that all other zoning districts within the overlay district will continue to have a maximum density of 18 units per acre. Additionally, the description of General Commercial within the Future Land Use Element will be amended to establish a Floor Area Ratio (FAR) of 0.75 (from the current 3.0 FAR) for non- residential development of lands zoned GC within the Infill Workforce Housing Overlay District. The owner of the property at 2001 North Federal Highway (fka Delray Beach Swap Shop) is proposing to redevelop the vacant property to accommodate a free- standing, multi - family housing development containing 205 units within the GC (General Commercial) zoning district, at a density of 23.9 dwelling units per acre. The subject property is also currently designated as an Infill Workforce Housing Area. It is noted that the proposed project for 2001 North Federal Highway, referred to as Delray Preserve, does not contain commercial use. As a conditional use, the subject property could presently be developed at 18 units per acre, in accordance with the requirements of the Infill Workforce Housing Area. It is noted that an LDR Text Planning and Zoning Board Memorandum Staff Report, February 25, 2014 Amendment to Comprehensive Plan, Future Land Use Element re: Workforce Housing for GC Zoned Property Page 2 Amendment to increase the number of dwelling units per acre from 18 to 24 has been submitted and is being reviewed concurrently with the subject amendment. The applicant's justification letter includes a complete background description regarding development on the subject property at 2001 North Federal Highway. The letter, which is included as an attachment in its entirety, states the following: "Following the economic downturn which began in 2008, a mixed -use development project like Village Parc is no longer economically feasible under the current economic climate, and while a residential apartment project like Delray Preserve is feasible, it will require a higher density than currently permitted on the property to be a sustainable development. Depending on the affordability level of the workforce units (very low to moderate income) being provided under the provisions of the Workforce Housing Program, between 13 and 26 workforce units must be provided to permit a density of 18 units per acre. With the proposed text amendments, at 24 units per acre, the number of required workforce units would double to between 25 and 52. There is precedent to support this increased density since higher densities are already permitted in other workforce housing overlay districts with 22 units per acre permitted in the Silver Terrace Courtyards overlay district, 24 units per acre permitted in the Southwest Neighborhood, Carver Estates and 1- 951CSX RR Corridor overlay districts, 30 units per acre permitted in the Four Corners overlay district, and 40 to 50 units per acre permitted in the MROC zoning district. The size of the subject property and its location on North Federal Highway makes it an ideal location for a higher density residential project. Development of a large commercial project is more difficult on the property since it is not located at the intersection of two roadways and the traffic on North Federal Highway is relatively low for a four lane arterial roadway. Additionally, the close proximity of the Central Business District makes this area better suited to support downtown commercial development than to compete with it. in addition to providing needed workforce housing, the proposed higher density residential development will add to the customer base for existing commercial uses along North Federal Highway and aid in the redevelopment of this corridor. It will also support retail and services provided in the Central Business District." Note: The following omission from a prior action was discovered during the review of this current item, and is therefore being corrected with this current ordinance. The Silver Terrace Courtyards Overlay District was established in 2009, yet was not specified as a Workforce Housing Overlay District in Policy A -7.2 of the Future Land Use Element. The amendment includes the listing of this district. It is noted that the district was appropriately listed elsewhere in the Comprehensive Plan at that time. The text amendment to the Future Land Use Element of the Comprehensive Plan is now before the Board for consideration. While the proposal is not a Future Land Use Map amendment, it does affect the intensity of use. Therefore Future Land Use Element Policy A -1.7 is being applied. Planning and Zoning Board Memorandum Staff Report, February 25, 2014 Amendment to Comprehensive Plan, Future Land Use Element re: Workforce Housing for GC Zoned Property Page 3 Future Land Use Element Policy A -1.7: Amendments to the Future Land Use Map (FLUM) must be based upon the findings listed below, and must be supported by data and analysis that demonstrate compliance with these findings: ❑ Demonstrated Need -- That there is a need for the requested land use. The need must be based upon circumstances such as shifts in demographic trends, changes in the availability of land, changes in the existing character and FLUM designations of the surrounding area, fulfillment of a comprehensive plan objective or policy, annexation into the municipal boundaries, or similar circumstances. The need must be supported by data and analysis verifying the changing demographics or other circumstances. This requirement shall not apply to requests for the FLUM designations of Conservation or Recreation and Open Space; nor shall it apply to FLUM changes associated with annexations when the City's advisory FLUM designation is being applied, or when the requested designation is of a similar intensity to the advisory designation. However, the findings described in the remainder of this policy must be addressed with all FLUM amendments. Future Land Use Element 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. Future Land Use Element Policy A -7.1: 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 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. The applicant's justification relates to the ability to develop a parcel of property located within the North Federal Highway Corridor and identified as a blighted area. Additionally, the property is identified as an Infill Workforce Housing Area, which further incentivizes its redevelopment. However, such redevelopment has not occurred, and the current property has proposed an increased density in order to obtain a sustainable development in a transitional area at the City's north end. Further, the amendment would decrease the maximum development intensity with respect to commercial use, as a reduced FAR of 0.75 is proposed, as opposed to the currently permitted 3.0 FAR. Therefore, an increased amount of housing would be provided, which is needed, while decreasing the commercial potential on the property. Based upon the above, a positive finding can be made that there is a demonstrated need to amend Future Land Use Element Policy A -7.2, and the description of General Commercial. ❑ Consistency -- The requested designation is consistent with the goals, objectives and policies of the most recently adopted Comprehensive Plan. Future Land Use Element Ob'ective 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. Future Land Use Element Policy C -1.4 The following pertains to the North Federal Highway Corridor.- Planning and Zoning Board Memorandum Staff Report, February 25, 2014 Amendment to Comprehensive Plan, Future Land Use Element re: Workforce Housing for GC Zoned Property Page 4 The North Federal Highway Corridor is defined as the area bounded by the FEC railroad right - of -way to the west, the easterly boundary of the CRA to the east, NE 4th Street to the south, and the north City limits to the north. Properties in the corridor that front on Federal Highway primarily contain small - scale, strip commercial development. Many parcels in the area contain vacant or dilapidated structures, substandard parking, and substandard landscaping. The area also contains residential areas identified as "Stabilization" and Revitalization" on the Residential Neighborhood Categorization Map contained in the Housing Element. Many of the remaining parcels in the area are currently vacant. Due to those conditions, the North Federal Highway Corridor is hereby identified as a blighted area. The North Federal Highway Redevelopment Plan was approved by City Commission on March 16, 1999. The Plan identified the need for limited rezonings and LDR amendments, along with improvements necessary to accomplish certain redevelopment goals. Future development in the area must be in accordance with the provisions of the Redevelopment Plan. As previously indicated, the subject amendment is applicable to property zoned GC and designated as an Infill Workforce Housing Area. Therefore, review of the subject Policy is also applicable as the parcel is located within the North Federal Highway Corridor which has been identified as a "blighted area." The subject amendment will assist in the revitalization of the corridor while providing an ample amount of residential development which will have the opportunity to provide Workforce Housing Units. ❑ Concurrency -- Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. With regard to traffic impacts, the applicant has submitted a traffic statement and indicated that, "an analysis of the traffic impacts associated with the maximum development potential of a mixed -use development on the property was conducted. Since the increased residential development (due to the density increase) generates less traffic than the eliminated retail uses (due to the decreased FAR), the new land use mix would represent a net reduction in potential traffic volumes of 17,275 trips with comparable reductions in AM and PM peak hour traffic ... this analysis is a comparison of the traffic generation at the maximum development potential of the property before and after the proposed text amendments..." Drainage can be accommodated on site via an exfiltration system. Through the use of reclaimed water, the City's 20 -Year Water Supply Facilities Work Plan indicates that water supply facilities are planned and will be available to meet the future growth and water demands of the City of Delray Beach through the year 2030. The maximum development of the property would result in a net decrease of 73% or 4,527 tons in annual solid waste generation. The Solid Waste Authority has indicated that its facilities have sufficient capacity to accommodate all development proposals until 2046. Thus, positive findings can be made at this time with regard to concurrency for all services and facilities. ❑ Compatibility -- The requested designation will be compatible with the existing and future land uses of the surrounding area. The surrounding land uses consist of commercial uses to the north and west of the parcel, a residential townhouse development to the south, and a spoil area utilized by FIND (Florida Inland Navigation District) to the east resulting from maintenance of the Intracoastal Waterway, The residential redevelopment of the subject parcel will assist in providing a buffer between the townhouse development to the south and the commercial use (automotive sales) to the north. The residential redevelopment will be incentivized by the increased density, while also decreasing the commercial potential on the site yet also providing additional workforce housing Planning and Zoning Board Memorandum Staff Report, February 25, 2014 Amendment to Comprehensive Plan, Future Land Use Element re: Workforce Housing for GC Zoned Property Page 5 units. As a result, the increased density and decreased FAR for commercial development is found to be compatible with the existing and future land uses of the surrounding area. ❑ Compliance -- Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. The applicant has submitted an amendment to the LDRs which would provide compliance between the subject Future Land Use Amendment and the LDRs, upon adoption of each. Conclusion Based upon the above, the subject amendment to increase the density from 18 to 24 units per acre while reducing the maximum commercial development potential is appropriate. The changes will assist in providing an appropriate transition or buffer between the existing townhouse development to the south (Kokomo Key) and the commercial parcel to the north which is presently used for automotive sales. Further, the changes provide an incentive for redevelopment of a vacant property while also providing additional workforce housing opportunities for residents. Positive findings can be made with respect to the requests text amendment to the Future Land Use Element of the Comprehensive Plan. The Community Redevelopment Agency (CRA) reviewed the proposed amendment at its meeting of February 13, 2014 and recommended approval. Public Notices were sent out to all property owners within a 500' radius. Courtesy Notices were provided to the following homeowner and civic associations: Delray Citizens Coalition, Kokomo Key, Town of Gulfstream, and La Hacienda. Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. RECQIVIMEI� f=D A TIQN 5 e Recommend approval to the City Commission of a privately- initiated amendments to the Future Land Use Element of the Comprehensive Plan, modifying the description of the GC (General Commercial) Future Land Use designation and Policy A -7.2 of the Future Land Use Element to allow an increase in density to a maximum of 24 units per acre, and establish a maximum Floor Area Ratio (FAR) of 0.75 for lands zoned GC (General Commercial) which are located within the Infill Workforce Housing Overlay District, and identify the previously established Silver Terrace Courtyards Overlay District as Workforce Housing Overlay District, by adopting the findings of fact and law contained in the Staff Report and finding that the request is consistent with the Comprehensive Plan. Lm Lqmmp I� SEACREST BLVD. - �� 1 CHURCH CHRISPAN SCHOOL , '- � ■ i�� ■��.1111111� � ; ,;, r, ■. � � 1�I111 1111��1�� ■ X11111 �� r:, �1�i-111111110I■� • �■ -•11 1� �: � � ��IIIIII- 1111111111 ,,,.:�:�_,:..,E Sm �� ' 1111111111 ~' s E SS!E!I !� �11111111� � 1 ■■ �IIIIIIIIr � � ■11111111111 � � ��, � 1111 \11 - - 11111�l1l1lil • , i�� 11111 III. �1� I�IIIIIIM� r 1j1111�11l1 • Ell WE e N SUBJECT PROPERTY 2001 NORTH FEDERAL HWY PLANNING AND ZONING DEPARTMENT LOCATION MAP ORDINANCE NO. 07 -14 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING A COMPREHENSIVE PLAN AMENDMENT, PURSUANT TO THE PROVISIONS OF THE "COMMUNITY PLANNING ACT ", FLORIDA STATUTES SECTIONS 163.3161 THROUGH 163.3248, INCLUSIVE; ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED "DELRAY PRESERVE COMPREHENSIVE PLAN AMENDMENT ", AND INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach exercised the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.3248, 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, the Planning and Zoning Board, as Local Planning Agency, did prepare an amendment to the Comprehensive Plan entitled "Delray Preserve Comprehensive Plan Amendment "; and, WHEREAS, the Planning and Zoning Board, as Local Planning Agency, following due public notice, held a public hearing on February 24, 2014, in accordance with the requirements of the "Community Planning Act "; and WHEREAS, after the above referenced public hearing, the Planning and Zoning Board, as Local Planning Agency, recommended to the City Commission that the proposed Delray Preserve Comprehensive Plan Amendment be transmitted; and WHEREAS, the proposed Delray Preserve Comprehensive Plan Amendment was submitted to and reviewed by the City Commission; and WHEREAS, following due public notice, the first of two required public hearings on Delray Preserve Comprehensive Plan Amendment was held by the City Commission on at which time it was authorized to be transmitted to the Department of Economic Opportunity for required review; and WHEREAS, "Delray Preserve Comprehensive Plan Amendment" was found to be in compliance by the Florida Department of Economic Opportunity and no ORC (Objections, Recommendations & Comments) Report was issued; and WHEREAS, following due public notice, the second of two required public hearings on Delray Preserve Comprehensive Plan Amendment was held on in accordance with statutory requirements. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Florida, hereby declares its intent to exercise the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 1 63.3248, inclusive, known as the "Community Planning Act ". Section 2. That in implementation of its declared intent as set forth in Section 1 of this ordinance, there is hereby adopted the document entitled "Delray Preserve Comprehensive Plan Amendment ", which is attached hereto as Exhibit "A" and incorporated herein by reference. Section 3. That the document entitled "Comprehensive Plan - Delray Beach, Florida" is hereby amended pursuant to the document entitled "Delray Preserve Comprehensive Plan Amendment ". 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 upon the date a final order is issued by the Department of Economic Opportunity finding the amendment in compliance in accordance with Chapter 1633184, F.S.; or the date a final order is issued by the Administration Commission finding the amendment to be in compliance in accordance with Chapter 163.3184, F.S. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2014. ATTEST City Clerk First Read'ng Second Reading MAYOR 2 ORD. NO. 07 -14 EXHIBIT "A" DELRAY PRESERVE COMPREHENSIVE PLAN AMENDMENT 1) Location: Future Land Use Element — Pg. FL -23 Policy A -7.2 (Workforce Housing) 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 I- 95 /CSX RR Corridor Overlay District shall have a maximum of 24 units per acre. • The SW I 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. • The Silver Terrace Courtyards Overlay District shall have a maximum density of 22 units per acre. • The Infill Overlay District shall have a maximum density of 24 units per acre for lands zoned General Commercial. All other zoning- districts within the Infill Overlay District shall have a maximum density of 18 units per acre. 2) Location: Future Land Use Element — Pg. FL -39, Description of the General Commercial FLUM designation. General Commercial: This designation is applied to land which is, or should be, developed for general commercial purposes e.g. retail, office, services. Light industrial type uses such as fabrication and assembly are permissible under this designation when located in the special overlay district between Federal Highway and Dixie Highway, north of N.E. 14th Street to the north City limit. A maximum Floor Area Ratio of 3.0 is permitted for nonresidential uses, except as indicated within the following overlay districts: • Four Corners Overlay District - For mixed --use development within this overlay district, the nonresidential component is limited to an FAR of 2.0 • Silver Terrace Courtyards Overlay District - Nonresidential development is limited to an FAR of 0.75 • Lintco Development Overlay District - Nonresidential development is limited to an FAR of 0.36. • Waterford Overlay District - Nonresidential development is limited to an FAR of 1.32. • Infill Workforce Housing Overlay District - Nonresidential development is limited to an FAR of 0.75 for lands zoned General Commercial (GCS ORD. NO. 07 -14 Overview of the Proposed Amendments: In addition to conditional use approvals, site plan approval and a replat of the property, it is noted that separate LDR and Comprehensive Plan text amendments are being processed concurrently with these applications to increase the maximum potential residential density and decrease the maximum potential nonresidential intensity on the subject property. The property, which is located within the Infill Workforce Housing Area, has a maximum density of 18 units per acre with the provision of workforce housing within the project. The proposed text amendments increase the maximum residential density from 18 to 24 units per acre, which allows an additional 51 units and a total of 205 units on the subject property. Although no commercial development is planned in the proposed Delray Preserve project, the ability to incorporate some commercial development at a later date has been retained within the text amendments, but has been significantly reduced from the current maximum nonresidential FAR of 3.0 within the General Commercial FLUM designation to 0.75 on the subject property. The effect of this change is to reduce the maximum development potential of the property. Beginning in 2004, the City has made provisions to allow increased residential densities in workforce housing overlay districts with the requirement that developments include a workforce housing component. Two of these overlay districts include properties within the Federal Highway corridor. The Silver Terrace Overlay District, which is located on South Federal Highway, adjacent to the Plaza at Delray, has a maximum. density of 22 units per acre. This property was subsequently developed as "The Franklin" apartment complex. The Infill Workforce Housing Area was created to allow increased density in all areas within the RM (Residential Medium Density) zoning district which lie east of Interstate 95 and not within the Coastal High Hazard Area. One additional area in the General Commercial zoning district was included within the overlay to encourage redevelopment of the "Delray's Lost Drive -in" property —a former swap shop located on the subject property. No other General Commercial property is included in the Infill Workforce Housing Area. Free - standing multi - family residential developments are allowed as a conditional use in the GC (General Commercial) Zoning District subject to the requirements of the RM District except for setback and height requirements which are pursuant to the GC District. Residential density may be increased with conditional use approval within the Infill Workforce Housing Area, subject to the performance standards of Section 4.4.6(1) and the workforce housing provisions of Article 4.7. The actual density of a particular development is based upon its ability to achieve certain performance standards which are intended to mitigate the impacts of the increased density and ensure that the project is compatible with surrounding land uses. Within the Infill Workforce Housing Area, the actual density is also based upon the number and affordability level of the workforce units being provided. Background of the Property: The property was developed as a drive -in theater in 1957, under Palm Beach County jurisdiction. The drive -in theater continued to operate until the late 1970s, at which time it was converted to a flea market. On January 11, 1994, the City Commission approved an interlocal agreement with Palm Beach County for the annexation of the North Federal Highway enclaves, including the Swap Shop. Annexation of the Swap Shop property with a zoning of General Commercial was approved by the City Commission on May 17, 1994. On November 22, 1997, a planning charrette was held to determine the redevelopment direction for the North Federal Highway corridor. The concept for redevelopment of the Swap Shop property included locating buildings closer to North Federal Highway and creation of a marketplace plaza. As a participant of the charrette, the owner of the Swap Shop incorporated these suggestions into a major redevelopment effort known as Delray's Lost Drive -in. Phase One of the redevelopment was completed in 1999 and included a large metal building to house vendors indoors. Phases Two and Three, which would have included two new buildings adjacent to Federal Highway with a secondary plaza between the buildings, were never constructed. Delray's Lost Drive -in operated until 2006 when the property was sold to a developer to construct a mixed -use development know as Village Parc. The new development proposal included 104 townhouse units as a stand -alone residential component along the eastern portion of the site. The western portion along Federal Highway was to contain three buildings (two mixed -use and one office building). Overall, the project was to include 134 residential units, 15,338 square feet of retail uses and 6,825 square feet of office. Of the thirty (30) residential units within the mixed use buildings, fifteen (15) units were to be designated as "affordable workforce housing ". Two Conditional Uses for the project were approved by the City Commission on May 2, 2006. The first was to allow a freestanding residential development in the General Commercial zoning district and the second was to allow a density in excess of twelve (12) units per acre, subject to the provisions of Article 4.7 "Family Workforce Housing ". The site plan for the project was approved by SPRAB on May 24, 2006. The buildings for Delray's Lost Drive -in were demolished in preparation of development of Village Parc, but when the economy downturned, the project was put on hold and then finally canceled when the development approvals lapsed. The current proposal for the property includes a free - standing residential development with 205 one, two and three- bedroom apartments. The Delray Preserve project is comprised of seven garden style 3 -story apartment buildings, one 4 -story apartment building and a 1- story clubhouse. Some units within the buildings have garages. In the 3 story buildings there are a total of 26 units with one car garages and 4 units with 2 car garages. The 4 story building has 16 units with one car garages. Many amenities will be provided, including a clubhouse with an entertainment kitchen, a resort style pool with resident cabana and BBQ area, a membership quality fitness center, a screening room and E- lounge and a tot lot to name a few. Justification of Text Amendments: Although the proposed Comprehensive Plan amendment does not involve a change in the Future Land Use Map (FLUM) designation, it does affect the future land use and overall development potential of the property. Therefore a justification for the proposed text amendments has been provided below in context with meeting the requirements of Future Land Use Element Policy A -1.7. Future Land Use Element Policy A -1.7: Amendments to the Future Land Use Map (FLUM) must be based upon the findings listed below, and must be supported by data and analysis that demonstrate compliance with these findings: • 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 Page 2 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. Following the economic downturn which began in 2008, a mixed -use development project like Village Parc is no longer economically feasible under the current economic climate, and while a residential apartment project like Delray Preserve is feasible, it will require a higher density than currently permitted on the property to be a sustainable development. The proposed Comprehensive Plan and LDR text amendments to increase the density necessary to support the Delray Preserve project are consistent with Future Land Use Element Objective A -7 and Policy A -7.1 of the Comprehensive Plan which encourage the provision, of workforce housing units by permitting higher density residential development. Future Land Use Element 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. Future Land Use Element Policy A -7.1: 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 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. Depending on the affordability level of the workforce units (very low to moderate income) being provided under the provisions of the Workforce Housing Program, between 13 and 26 workforce units must be provided to permit a density of 18 units per acre. With the proposed text amendments, at 24 units per acre, the number of required workforce units would double to between 25 and 52. There is precedent to support this increased density since higher densities are already permitted in other workforce housing overlay districts with 22 units per acre permitted in the Silver Terrace Courtyards overlay district, 24 units per acre permitted in the Southwest Neighborhood, Carver Estates and I- 951CSX RR Corridor overlay districts, 30 units per acre permitted in the Four Corners overlay district, and 40 to 50 units per acre permitted in the MROC zoning district. When the Family/Workforce Housing Ordinance was originally conceived in 2004, there was a severe shortage of housing in the City that was affordable to the everyday working families and citizens of the City. The City Commission recognized that the need to provide workforce housing was critical to maintaining a diversified and sustainable City having the character and sense of a community where people can live and work in the same area. During the recession, housing prices dropped substantially and affordability became less of an issue, but as the housing market has been recovering in the City and home prices are again increasing, it is important to get as many units as possible into Page 3 the workforce housing program so that affordable units will remain available in the long term (40 years under the program). The size of the subject property and its location on North Federal Highway makes it an ideal location for a higher density residential project. Development of a large commercial project is more difficult on the property since it is not located at the intersection of two roadways and the traffic on North Federal Highway is relatively low for a four lane arterial roadway. Additionally, the close proximity of the Central Business District makes this area better suited to support downtown commercial development than to compete with it. Consistency -- The requested designation is consistent with the goals, objectives and policies of the most recently adopted Comprehensive Plan. In addition to the Objective and Policy related to workforce housing discussed above, a review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable Objective and Policy 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. There are no significant environmental characteristics to the subject property which has supported several land uses including the former Swap Shop Flea Market and past drive -in theater use for decades. The property is bordered on the north side by AC (Automotive Commercial zoning, on the south by RM (Medium Density Residential), on the west by GC (General Commercial) zoning, and on the east by the Town of Gulf Stream. The adjacent land uses include the Autonation Volvo dealership to the north, Kokomo Key Townhomes (developed at 11.97 units per acre) to the south, several retail commercial uses to the west across Federal Highway, and a Florida Inland Navigation District tract used for spoil disposal resulting from maintenance of the Intracoastal Waterway to the east. The higher density development proposed will be compatible with all of these uses. Redevelopment of the corridor has been going slowly since adoption of the North Federal Highway Redevelopment Plan, and most of the development on the east side of Federal Highway has been primarily residential, including "The Estuary" and "Old Palm Grove ". The most recent project, St. George, an 11.88 unit per acre townhouse development, was just approved by SPRAB on December 18, 2013. In addition to providing needed workforce housing, the proposed higher density residential development will add to the customer base for existing commercial uses along North Federal Highway and aid in the redevelopment of this corridor. It will also support retail and services provided in the Central Business District. Future Land Use Element Policy C -1.4 The following pertains to the North Federal Highway Corridor: The North Federal Highway Corridor is defined as the area bounded by the FEC railroad right -of -way to the west, the easterly boundary of the CRA to the east, NE 4th Street to the south, and the north City limits to the north. Page 4 Properties in the corridor that front on Federal Highway primarily contain small - scale, strip commercial development. Many parcels in the area contain vacant or dilapidated structures, substandard parking, and substandard landscaping. The area also contains residential areas identified as "Stabilization" and "Revitalization" on the Residential Neighborhood Categorization Map contained in the Housing Element. Many of the remaining parcels in the area are currently vacant. Due to those conditions, the North Federal Highway Corridor is hereby identified as a blighted area. The North Federal Highway Redevelopment Plan was approved by City Commission on March 96, 9999. The Plan identified the need for limited rezonings and LDR amendments, along with improvements necessary to accomplish certain redevelopment goals. Future development in the area must be in accordance with the provisions of the Redevelopment Plan. The goals of the Redevelopment Plan are to improve the appearance of the area and to stimulate the revitalization of the North Federal Highway corridor by encouraging new development, including additional residential development in the area. The Plan states that it should be the private sector rather than the public sector that is the driving force behind the redevelopment initiative on North Federal Highway, with the role of the public sector to provide direction, remove obstacles, and promote the area. Although the Redevelopment Plan assumed that the Swap Shop would remain on the subject property, its removal has left a void in this part of the corridor that must be filled. The Plan states that North Federal Highway should not compete with Atlantic Avenue, but compliment it by becoming a "workplace" with office buildings and light - industrial uses as opposed to boutiques and specialty shops. Light industrial uses are permitted in an overlay district on the west side of Federal Highway and office development is now being promoted by the City downtown and in the Congress Avenue corridor. The size and location of the property is not conducive to development of a large retail center. The property is not located at a major intersection and the traffic on North federal Highway is too low to sustain a large center. By creating a freestanding residential project on the subject property, competition with the downtown is avoided and the higher density residential development will help to fulfill the goal of the plan to promote revitalization by stimulating related commercial development on the smaller parcels along the corridor by creating demand for goods and services in the immediate area. Based upon the above, the redevelopment of the subject property will be complimentary to adjacent land uses and will fulfill remaining land use needs. Therefore, a positive finding can be made that the amendments are consistent with and further the Goals, Objectives, and Policies of the Comprehensive. • Concurrency -- Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. The concurrency analysis assumes redevelopment of the property at the maximum intensity allowed under the amended description for the General Commercial designation. As shown on the following table, since the maximum nonresidential FAR is being reduced from 3.0 to 0.75, development under the new provisions would result in a reduction in nonresidential building area. The maximum development potential with the proposed amendment would be a mixed -use project with residential development at 24 units per acre and retail development at an FAR of 0.75. Therefore, the amendment will result in an increase in residential development potential and a reduction in maximum nonresidential potential from what is currently permitted within this portion of the Infill Page 5 Workforce Housing Area. A comparative analysis of the maximum development potential of the property has been provided below to support this conclusion. Table 1: Maximum Development Potential Mixed -Use Mixed -Use GC 1,119,928 SF Retail (FAR 3.0) GC 279,981 SF Retail (FAR 0.75) (8.57 acres) 154 Multi - Family Residential Units 18.57 acres) 205 Multi - Family Residential Units (18 units per acre) (24 units per acre) Traff ic: An analysis of the traffic impacts associated with the maximum development potential of a mixed -use development on the property was conducted. Since the increased residential development (due to the density increase) generates less traffic than the eliminated retail uses (due to the decreased FAR), the new land use mix would represent a net reduction in potential traffic volumes of 17,275 trips with comparable reductions in AM and PM peak hour traffic. As noted earlier, this analysis is a comparison of the traffic generation at the maximum development potential of the property before and after the proposed text amendments. It is does not represent the actual traffic generated by the proposed Delray Preserve project, which does not include retail development. A letter from Palm Beach County Traffic Division indicating that the project meets the traffic performance standards of Palm Beach County is required prior to approval (certification) of the related site plan. Table 2: Trip Generation Comparison Maximum Development Potential Trip Generation rates from Palm Beach County Page 6 Daily AMPeak Haut PM Reak FEour Land Use Intensity Trips , '' .TbtalK,:.` in ,-' out.' 'Total . In 'Out Existing Future Land Use General Commercial (FAR 3.0) 1,119,928 32,652 1,120 683 437 3,210 1,541 ### Residential Apartments (18 dutac) 154 1,078 79 16 63 95 62 33 Existing FLU Trips 33,730 1,199 699 500 3,305 1,603 Less Pass -by Traffic General Commercial 17.88% (5,840) (200) (122) (78) (574) (276) (298) Existing FLU External Trips 27,890 999 577 422 2,731 1,327 14M Proposed Future Land Use General Commercial (FAR 0.75) 279,981 13,261 280 171 109 11268 609 659 Residential Apartments (24 dulac) 205 1,435 104 21 83 127 83 44 Proposed FLU Trips 14,696 384 192 192 1,395 692 703 Less Pass -by Traffic General Commercial 30.78% (4,081) (86) (53) (34) (390) (187) (203) 1 Proposed FLU External Trips 10,615 298 139 158 1,005 505 500 Net New External Trips (Proposed - Existing) 1 (17,275) (701) (438) (264) (1,726) (822) (904) Trip Generation rates from Palm Beach County Page 6 Water & Wastewater: Water and Wastewater service are both available to the property through connection to existing mains along North Federal Highway. Water treatment is provided by the City of Delray Beach at the Water Treatment Plant. The geographic service area coincides with the Planning Area plus service provided to the Town of Gulf Stream through contract as a bulk customer. The service area encompasses approximately 18 square miles. The treatment plant, with a capacity of 28 million gallons per day, was constructed in 1972 and has a programmed life of 50 years (2022). Wastewater from the City is treated at the South County Regional Wastewater Treatment Plant ( SCRWWTP), which is managed by the South Central Regional Wastewater Treatment and Disposal Board, established in 1974 through an agreement between the cities of Delray Beach and Boynton Beach. The wastewater treatment plant was constructed in 1979, with a programmed life of 50 years (2029). The Comprehensive Plan indicates that the current plant has adequate capacity to service the City's project population beyond the year 2025. The SCRWWTP has the capacity to provide up to 24 mgd of reclaimed- quality water. This capacity is shared equally between Boynton Beach and Delray Beach. In 2003, the City developed a Reclaimed Water Master Plan, which identified 16 areas for reclaimed water application. Through the use of reclaimed water, the City's 20 -Year Water Supply Facilities Work Plan indicates that water supply facilities are planned and will be available to meet the future growth and water demands of the City of Delray Beach through the year 2030. Since adequate capacity is available in the City's water and wastewater systems to meet the demand, the proposed text amendments will not impact the level of service standard for these facilities. Drainage: The adopted LOS standards for drainage is the SFWMD standard of retention of the first one inch of runoff or 2.5 inches of water storage times the percentage of impervious area. Local and City -wide drainage deficiencies are identified in the Stormwater Master Plan (Kimley -Horn, 2000). The City has programmed projects to correct the deficiencies identified in this report and achieve the Level of Service standard. Public Facilities Element Objective E -1 states: A capital improvement program directed specifically to storm drainage and runoff management has been adopted by the City Commission, and capital projects, as identified in that program, are implemented with funding from the Stormwater Utility Fee. The additional impervious area for residential units and parking area as a result of the text amendments to increase the density from 18 to 24 units per acre will not negatively impact the LOS standard for drainage on the property or the surrounding area. There are no problems anticipated with obtaining South Florida Water Management District permits within the area, since the amount of impervious area is being reduced compared to the former swap shop development. "Delray's Lost Drive -in" was substantially paved with only 10.3% open space, while the proposed Delray Preserve project has 26% open space. Drainage will be accommodated on site via an exfiltration trench system on the property. Page 7 Parks & Recreation The Open Space and Recreation Element of the City's Comprehensive Plan indicates in its conclusion that "The City will have sufficient recreation facilities at build -out 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. The proposed additional units will not have a significant impact with respect to level of service standards for parks and recreation facilities. However, pursuant to LDR Section 5.32, whenever a development is proposed upon land which is not designated for park purposes in the Comprehensive Plan, an in -lieu fee of $500.00 per dwelling unit will be collected prior to issuance of building permits for each unit. Thus, an in -lieu fee of $102,500 will be required of this development. Education (School Concurrency): School concurrency is addressed with all proposals for residential development. A request for concurrency determination will be submitted to the Palm Beach County School District as part of the Site Plan review process. A formal determination by the School District is required prior to approval (certification) of the related site plan. Solid Waste: As shown on the following table, with the proposed text amendments, the maximum development of the property would result in a net decrease of 73% or 4,527 tons in annual solid waste generation. The Solid Waste Authority has indicated that its facilities have sufficient capacity to accommodate all development proposals until 2046. Table 3: Solid Waste Generation Maximum Development Potential Extstmg M' ml, DeYelo:prnen# Po #en #ai Proposed Mixed 4lSe lUlaxlmum Development Poten #ial . 1,119,928 SF Retail @ 10.2 Ibslsf = 5,712 tons /yr 154 MF Units @.52 tons/year = 80 tonslyr 279,981 SF Retail @10.2 Ibslsf = 1,428 tons/year 205 MF Units @ .52 tons/year = 107 tons/year Based on the above analysis, positive findings can be made at this time with regard to concurrency for all services and facilities. • Compatibility -- The requested designation will be compatible with the existing and future land uses of the surrounding area. As noted earlier in this paper, the proposed residential development with the text amendments is compatible with the surrounding neighborhood, which consists primarily of commercial development to the north and west, residential townhouse development to the south, and a P.I.N.D. spoil area to the east. The proposed development, with its increase in density from 18 to 24 units per acre is compatible with the existing and future land uses of the surrounding area, and a positive finding with respect to compatibility can be made. Page 8 ® Compliance --Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. Compliance with the Land Development Regulations will be evaluated by the City during review of the conditional use and site plan requests. Following City review, any deficiencies will be corrected or relief will be sought. Page 9 0 U) S.E. 36th Ave. I, L--111 SITE 2001 N. Federal Hwy. Q �, Delray Beach, FL 33483 Q N.E. 22nd Ln, ca 0 a ¢ � _ E N 0 � Z O Kokomo Key Ln. U `- w co N.E. 14th St. a' 2 a z koveffi 2295 N.W. Corporate Blvd. Suite 213 Boca Raton, Florida 33431 561- 910 -0330 )esign l.0 26000287 ,ssociates Inc. covellidesign.com Urban Planning • Landscape Architecture Q Q � 1 NORTH Site Location Map Defray Preserve Delray Beach Florida ca U U a Date 12 -20 -13 Scale N.T.S. PN# 1001 Overview of the Proposed Amendments: In addition to conditional use approvals, site plan approval and a replat of the property, it is noted that separate LDR and Comprehensive Plan text amendments are being processed concurrently with these applications to increase the maximum potential residential density and decrease the maximum potential nonresidential intensity on the subject property. The property, which is located within the Infill Workforce Housing Area, has a maximum density of 18 units per acre with the provision of workforce housing within the project. The proposed text amendments increase the maximum residential density from 18 to 24 units per acre, which allows an additional 51 units and a total of 205 units on the subject property. Although no commercial development is planned in the proposed Delray Preserve project, the ability to incorporate some commercial development at a later date has been retained within the text amendments, but has been significantly reduced from the current maximum nonresidential FAR of 3.0 within the General Commercial FLUM designation to 0.75 on the subject property. The effect of this change is to reduce the maximum development potential of the property. Beginning in 2004, the City has made provisions to allow increased residential densities in workforce housing overlay districts with the requirement that developments include a workforce housing component. Two of these overlay districts include properties within the Federal Highway corridor. The Silver Terrace Overlay District, which is located on South Federal Highway, adjacent to the Plaza at Delray, has a maximum density of 22 units per acre. This property was subsequently developed as "The Franklin" apartment complex. The Infill Workforce Housing Area was created to allow increased density in all areas within the RM (Residential Medium Density) zoning district which lie east of Interstate 95 and not within the Coastal High Hazard Area. One additional area in the General Commercial zoning district was included within the overlay to encourage redevelopment of the "Delray's Lost Drive -in" property —a former swap shop located on the subject property. No other General Commercial property is included in the Infill Workforce Housing Area. Free - standing multi - family residential developments are allowed as a conditional use in the GC (General Commercial) Zoning District subject to the requirements of the RM District except for setback and height requirements which are pursuant to the GC District. Residential density may be increased with conditional use approval within the Infill Workforce Housing Area, subject to the performance standards of Section 4.4.6(1) and the workforce housing provisions of Article 4.7. The actual density of a particular development is based upon its ability to achieve certain performance standards which are intended to mitigate the impacts of the increased density and ensure that the project is compatible with surrounding land uses. Within the Infill Workforce Housing Area, the actual density is also based upon the number and affordability level of the workforce units being provided. Background of the Property: The property was developed as a drive -in theater in 1957, under Palm Beach County jurisdiction. The drive -in theater continued to operate until the late 1970s, at which time it was converted to a flea market. On January 11, 1994, the City Commission approved an interlocal agreement with Palm Beach County for the annexation of the North Federal Highway enclaves, including the Swap Shop. Annexation of the Swap Shop property with a zoning of General Commercial was approved by the City Commission on May 17, 1994. On November 22, 1997, a planning charrette was held to determine the redevelopment direction for the North Federal Highway corridor. The concept for redevelopment of the Swap Shop property included locating buildings closer to North Federal Highway and creation of a marketplace plaza. As a participant of the charrette, the owner of the Swap Shop incorporated these suggestions into a major redevelopment effort known as Delray's Lost Drive -in. Phase One of the redevelopment was completed in 1999 and included a large metal building to house vendors indoors. Phases Two and Three, which would have included two new buildings adjacent to Federal Highway with a secondary plaza between the buildings, were never constructed. Delray's Lost Drive -in operated until 2006 when the property was sold to a developer to construct a mixed -use development know as Village Parc. The new development proposal included 104 townhouse units as a stand -alone residential component along the eastern portion of the site. The western portion along Federal Highway was to contain three buildings (two mixed -use and one office building). Overall, the project was to include 134 residential units, 15,338 square feet of retail uses and 6,825 square feet of office. Of the thirty (30) residential units within the mixed use buildings, fifteen (15) units were to be designated as "affordable workforce housing ". Two Conditional Uses for the project were approved by the City Commission on May 2, 2006. The first was to allow a freestanding residential development in the General Commercial zoning district and the second was to allow a density in excess of twelve (12) units per acre, subject to the provisions of Article 4.7 "Family Workforce Housing ". The site plan for the project was approved by SPRAB on May 24, 2006. The buildings for Delray's Lost Drive -in were demolished in preparation of development of Village Parc, but when the economy downturned, the project was put on hold and then finally canceled when the development approvals lapsed. The current proposal for the property includes a free - standing residential development with 205 one, two and three - bedroom apartments. The Delray Preserve project is comprised of seven garden style 3 -story apartment buildings, one 4 -story apartment building and a 1- story clubhouse. Some units within the buildings have garages. In the 3 story buildings there are a total of 26 units with one car garages and 4 units with 2 car garages. The 4 story building has 16 units with one car garages. Many amenities will be provided, including a clubhouse with an entertainment kitchen, a resort style pool with resident cabana and BBQ area, a membership quality fitness center, a screening room and E- lounge and a tot lot to name a few. Justification of Text Amendments: Although the proposed Comprehensive Plan amendment does not involve a change in the Future Land Use Map (FLUM) designation, it does affect the future land use and overall development potential of the property. Therefore a justification for the proposed text amendments has been provided below in context with meeting the requirements of Future Land Use Element Policy A -1.7. Future Land Use Element Policy A -1.7: Amendments to the Future Land Use Map (FLUM) must be based upon the findings listed below, and must be supported by data and analysis that demonstrate compliance with these findings: • 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 Page 2 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. Following the economic downturn which began in 2008, a mixed -use development project like Village Parc is no longer economically feasible under the current economic climate, and while a residential apartment project like Delray Preserve is feasible, it will require a higher density than currently permitted on the property to be a sustainable development. The proposed Comprehensive Plan and LDR text amendments to increase the density necessary to support the Delray Preserve project are consistent with Future Land Use Element Objective A -7 and Policy A -7.1 of the Comprehensive Plan which encourage the provision of workforce housing units by permitting higher density residential development. Future Land Use Element 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. Future Land Use Element Policy A -7.1. 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 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. Depending on the affordability level of the workforce units (very low to moderate income) being provided under the provisions of the Workforce Housing Program, between 13 and 26 workforce units must be provided to permit a density of 18 units per acre. With the proposed text amendments, at 24 units per acre, the number of required workforce units would double to between 25 and 52. There is precedent to support this increased density since higher densities are already permitted in other workforce housing overlay districts with 22 units per acre permitted in the Silver Terrace Courtyards overlay district, 24 units per acre permitted in the Southwest Neighborhood, Carver Estates and I- 95/CSX RR Corridor overlay districts, 30 units per acre permitted in the Four Corners overlay district, and 40 to 50 units per acre permitted in the MROC zoning district. When the Family/Workforce Housing Ordinance was originally conceived in 2004, there was a severe shortage of housing in the City that was affordable to the everyday working families and citizens of the City. The City Commission recognized that the need to provide workforce housing was critical to maintaining a diversified and sustainable City having the character and sense of a community where people can live and work in the same area. During the recession, housing prices dropped substantially and affordability became less of an issue, but as the housing market has been recovering in the City and home prices are again increasing, it is important to get as many units as possible into Page 3 the workforce housing program so that affordable units will remain available in the long term (40 years under the program). The size of the subject property and its location on North Federal Highway makes it an ideal location for a higher density residential project. Development of a large commercial project is more difficult on the property since it is not located at the intersection of two roadways and the traffic on North Federal Highway is relatively low for a four lane arterial roadway. Additionally, the close proximity of the Central Business District makes this area better suited to support downtown commercial development than to compete with it. Consistency -- The requested designation is consistent with the goals, objectives and policies of the most recently adopted Comprehensive Plan. In addition to the Objective and Policy related to workforce housing discussed above, a review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable Objective and Policy 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. There are no significant environmental characteristics to the subject property which has supported several land uses including the former Swap Shop Flea Market and past drive -in theater use for decades. The property is bordered on the north side by AC (Automotive Commercial zoning, on the south by RM (Medium Density Residential), on the west by GC (General Commercial) zoning, and on the east by the Town of Gulf Stream. The adjacent land uses include the Autonation Volvo dealership to the north, Kokomo Key Townhomes (developed at 11.97 units per acre) to the south, several retail commercial uses to the west across Federal Highway, and a Florida Inland Navigation District tract used for spoil disposal resulting from maintenance of the Intracoastal Waterway to the east. The higher density development proposed will be compatible with all of these uses. Redevelopment of the corridor has been going slowly since adoption of the North Federal Highway Redevelopment Plan, and most of the development on the east side of Federal Highway has been primarily residential, including "The Estuary" and "Old Palm Grove ". The most recent project, St. George, an 11.88 unit per acre townhouse development, was just approved by SPRAB on December 18, 2013. In addition to providing needed workforce housing, the proposed higher density residential development will add to the customer base for existing commercial uses along North Federal Highway and aid in the redevelopment of this corridor. It will also support retail and services provided in the Central Business District. Future Land Use Element Policy C -1.4 The following pertains to the North Federal Highway Corridor. The North Federal Highway Corridor is defined as the area bounded by the FEC railroad right -of -way to the west, the easterly boundary of the CRA to the east, NE 4th Street to the south, and the north City limits to the north. Page 4 Properties in the corridor that front on Federal Highway primarily contain small - scale, strip commercial development. Many parcels in the area contain vacant or dilapidated structures, substandard parking, and substandard landscaping. The area also contains residential areas identified as "Stabilization" and "Revitalization" on the Residential Neighborhood Categorization Map contained in the Housing Element. Many of the remaining parcels in the area are currently vacant. Due to those conditions, the North Federal Highway Corridor is hereby identified as a blighted area. The North Federal Highway Redevelopment Plan was approved by City Commission on March 16, 1999. The Plan identified the need for limited rezonings and LDR amendments, along with improvements necessary to accomplish certain redevelopment goals. Future development in the area must be in accordance with the provisions of the Redevelopment Plan. The goals of the Redevelopment Plan are to improve the appearance of the area and to stimulate the revitalization of the North Federal Highway corridor by encouraging new development, including additional residential development in the area. The Plan states that it should be the private sector rather than the public sector that is the driving force behind the redevelopment initiative on North Federal Highway, with the role of the public sector to provide direction, remove obstacles, and promote the area. Although the Redevelopment Plan assumed that the Swap Shop would remain on the subject property, its removal has left a void in this part of the corridor that must be filled. The Plan states that North Federal Highway should not compete with Atlantic Avenue, but compliment it by becoming a "workplace" with office buildings and light- industrial uses as opposed to boutiques and specialty shops. Light industrial uses are permitted in an overlay district on the west side of Federal Highway and office development is now being promoted by the City downtown and in the Congress Avenue corridor. The size and location of the property is not conducive to development of a large retail center. The property is not located at a major intersection and the traffic on North federal Highway is too low to sustain a large center. By creating a freestanding residential project on the subject property, competition with the downtown is avoided and the higher density residential development will help to fulfill the goal of the plan to promote revitalization by stimulating related commercial development on the smaller parcels along the corridor by creating demand for goods and services in the immediate area. Based upon the above, the redevelopment of the subject property will be complimentary to adjacent land uses and will fulfill remaining land use needs. Therefore, a positive finding can be made that the amendments are consistent with and further the Goals, Objectives, and Policies of the Comprehensive. • Concurrency -- Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. The concurrency analysis assumes redevelopment of the property at the maximum intensity allowed under the amended description for the General Commercial designation. As shown on the following table, since the maximum nonresidential FAR is being reduced from 3.0 to 0.75, development under the new provisions would result in a reduction in nonresidential building area. The maximum development potential with the proposed amendment would be a mixed -use project with residential development at 24 units per acre and retail development at an FAR of 0.75. Therefore, the amendment will result in an increase in residential development potential and a reduction in maximum nonresidential potential from what is currently permitted within this portion of the Infill Page 5 Workforce Housing Area. A comparative analysis of the maximum development potential of the property has been provided below to support this conclusion. Table 1: Maximum Development Potential EXISTING PROPOSED FLUM Maximum Development Potential FLUM Maximum Mixed Use (acres) Trips (acres) Development Potential Mixed -Use Mixed -Use GC 1,119,928 SF Retail (FAR 3.0) GC 279,981 SF Retail (FAR 0.75) (8.57 acres) 154 Multi - Family Residential Units (8.57 acres) 205 Multi - Family Residential Units Out (18 units per acre) (24 units per acre) Traffic: An analysis of the traffic impacts associated with the maximum development potential of a mixed -use development on the property was conducted. Since the increased residential development (due to the density increase) generates less traffic than the eliminated retail uses (due to the decreased FAR), the new land use mix would represent a net reduction in potential traffic volumes of 17,275 trips with comparable reductions in AM and PM peak hour traffic. As noted earlier, this analysis is a comparison of the traffic generation at the maximum development potential of the property before and after the proposed text amendments. It is does not represent the actual traffic generated by the proposed Delray Preserve project, which does not include retail development. A letter from Palm Beach County Traffic Division indicating that the project meets the traffic performance standards of Palm Beach County is required prior to approval (certification) of the related site plan. Table 2: Trip Generation Comparison Maximum Development Potential Trip Generation rates from Palm Beach County Page 6 Daily AM Peak Hour PM Peak Hour Land Use Intensity Trips Total In Out Total In Out Existing Future Land Use General Commercial (FAR 3.0) 1,119,928 32,652 1,120 683 437 3,210 1,541 #### Residential Apartments (18 du /ac) 154 1,078 79 16 63 95 62 33 Existing FLU Trips 33,730 1,199 699 500 3,305 1,603 #### Less Pass -by Traffic General Commercial 17.88% (5,840) (200) (122) (78) 1 (574) (276) (298) Existing FLU External Trips 27,890 999 577 422 2,731 1,327 #### Proposed Future Land Use General Commercial (FAR 0.75) 279,981 13,261 280 171 109 1,268 609 659 Residential Apartments (24 du /ac) 205 1,435 104 21 83 127 83 44 Proposed FLU Trips 14,696 384 192 192 1,395 692 703 Less Pass -by Traffic General Commercial 30.78 °� (4,081) (86) (53) (34) (390) (187) (203) Proposed FLU External Trips 10,615 298 139 158 1,005 505 500 Net New External Trips (Proposed - Existing) (17,275) (701) (438) (264) (1,726) (822) (904) Trip Generation rates from Palm Beach County Page 6 Water & Wastewater: Water and Wastewater service are both available to the property through connection to existing mains along North Federal Highway. Water treatment is provided by the City of Delray Beach at the Water Treatment Plant. The geographic service area coincides with the Planning Area plus service provided to the Town of Gulf Stream through contract as a bulk customer. The service area encompasses approximately 18 square miles. The treatment plant, with a capacity of 28 million gallons per day, was constructed in 1972 and has a programmed life of 50 years (2022). Wastewater from the City is treated at the South County Regional Wastewater Treatment Plant ( SCRWWTP), which is managed by the South Central Regional Wastewater Treatment and Disposal Board, established in 1974 through an agreement between the cities of Delray Beach and Boynton Beach. The wastewater treatment plant was constructed in 1979, with a programmed life of 50 years (2029). The Comprehensive Plan indicates that the current plant has adequate capacity to service the City's project population beyond the year 2025. The SCRWWTP has the capacity to provide up to 24 mgd of reclaimed - quality water. This capacity is shared equally between Boynton Beach and Delray Beach. In 2003, the City developed a Reclaimed Water Master Plan, which identified 16 areas for reclaimed water application. Through the use of reclaimed water, the City's 20 -Year Water Supply Facilities Work Plan indicates that water supply facilities are planned and will be available to meet the future growth and water demands of the City of Delray Beach through the year 2030. Since adequate capacity is available in the City's water and wastewater systems to meet the demand, the proposed text amendments will not impact the level of service standard for these facilities. Drainage: The adopted LOS standards for drainage is the SFWMD standard of retention of the first one inch of runoff or 2.5 inches of water storage times the percentage of impervious area. Local and City -wide drainage deficiencies are identified in the Stormwater Master Plan (Kimley -Horn, 2000). The City has programmed projects to correct the deficiencies identified in this report and achieve the Level of Service standard. Public Facilities Element Objective E -1 states: A capital improvement program directed specifically to storm drainage and runoff management has been adopted by the City Commission, and capital projects, as identified in that program, are implemented with funding from the Stormwater Utility Fee. The additional impervious area for residential units and parking area as a result of the text amendments to increase the density from 18 to 24 units per acre will not negatively impact the LOS standard for drainage on the property or the surrounding area. There are no problems anticipated with obtaining South Florida Water Management District permits within the area, since the amount of impervious area is being reduced compared to the former swap shop development. "Delray's Lost Drive -in" was substantially paved with only 10.3% open space, while the proposed Delray Preserve project has 26% open space. Drainage will be accommodated on site via an exfiltration trench system on the property. Page 7 Parks & Recreation The Open Space and Recreation Element of the City's Comprehensive Plan indicates in its conclusion that "The City will have sufficient recreation facilities at build -out 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. The proposed additional units will not have a significant impact with respect to level of service standards for parks and recreation facilities. However, pursuant to LDR Section 5.3.2, whenever a development is proposed upon land which is not designated for park purposes in the Comprehensive Plan, an in -lieu fee of $500.00 per dwelling unit will be collected prior to issuance of building permits for each unit. Thus, an in -lieu fee of $102,500 will be required of this development. Education (School Concurrency): School concurrency is addressed with all proposals for residential development. A request for concurrency determination will be submitted to the Palm Beach County School District as part of the Site Plan review process. A formal determination by the School District is required prior to approval (certification) of the related site plan. Solid Waste: As shown on the following table, with the proposed text amendments, the maximum development of the property would result in a net decrease of 73% or 4,527 tons in annual solid waste generation. The Solid Waste Authority has indicated that its facilities have sufficient capacity to accommodate all development proposals until 2046. Table 3: Solid Waste Generation Maximum Development Potential Existing Maximum Development Potential Proposed Mixed -Use Maximum Development Potential 1,119,928 SF Retail @ 10.2 Ibs /sf = 5,712 tons /yr 279,981 SF Retail @10.2 Ibs /sf = 1,428 tons /year 154 MF Units @.52 tons /year = 80 tons /yr 205 MF Units @ .52 tons /year = 107 tons /year Based on the above analysis, positive findings can be made at this time with regard to concurrency for all services and facilities. • Compatibility -- The requested designation will be compatible with the existing and future land uses of the surrounding area. As noted earlier in this paper, the proposed residential development with the text amendments is compatible with the surrounding neighborhood, which consists primarily of commercial development to the north and west, residential townhouse development to the south, and a F. I. N. D. spoil area to the east. The proposed development, with its increase in density from 18 to 24 units per acre is compatible with the existing and future land uses of the surrounding area, and a positive finding with respect to compatibility can be made. Page 8 • Compliance -- Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. Compliance with the Land Development Regulations will be evaluated by the City during review of the conditional use and site plan requests. Following City review, any deficiencies will be corrected or relief will be sought. Page 9 Workforce Housing Overlay Districts 1- 95 /CSX Railroad Corridor Overlay District Zoning: MIC Density: 24 d/u per acre (Maximum) with Workforce Housing CANAL L -32 MO TRCNLAhA IA / i 3 ICS J _€ ViFR/ARTIC ICE NoLaNO f1 a PALM RAN SA IEL 1 - FACILITY CELRAY y A-11 U ROYAL COMM PARK OF o pELRAY U CHEVRON Overlay Southwest 10th Street Density: - i■ ■■ ■■ ■■ � 111 ■11■ ■�I= ■ ■■: 5= ! = == == = 5.11111111 ■111 ■11■ II = IIYI �_ _� .! e i■ ■■ ■■ ■■ 11111111 111 ■11■ € - :� �! .E =� ■■ 111..- . . -- �- (p ■11111 111 ■1111■ � � � � 1■� �■■� ■■ ■■ 111 ■11111 111 ■1111■ �' 1 ■11 —■ 55 111111■ ■�i■ ■11111 111 ■1111■ ■; ■— —_■ ■11111 ■1 1111111111■ ■1 ■111111 ■111111 ■1 -■ ■5 =_- 11111111 IIIIIIIIIII 1111 ■� -- ■_ _ ■ _- 1 11111 ■11 ■I � E __ �■ ■= I ■11111 ■1 1111111111■ ■■■■■■ ■ 11111 ■ ■ ■ ■ ■11111 ■1 1111111111■ ■111 ■■ ■■ ■ � ■■ -5 SiE� I nl_■ _ nn �_� 11.111 aF `■ ■� I nI ■II■ 1 ■nl, ■ noon ■� = llilil � ■� ■IL1u■r• ■li■1 ■ NII■lii: ' — ®N 111111■ 111111111111 ■111 ■111 ■111 /I/ EME311�1-1-11M 11 Silver Terrace Courtyards Overlay District (Franklin at Delray Beach) Zoning: PC Density: 22 d/u per acre (Maximum) with Workforce Housing Non - Residential Development: 0.75 FAR (Maximum) 0! C! W W O O W S.E. 10TH sT. > 3 W 3 _U 2 � � CIR. WILSON AVE. UE Q _LLIJ S.E. 121H Rp, ~ CENTRAL AVE. ^ =O Q LILLLJ � O U — COWNS AVENUE J' a cc ~ W X s Z — �P O� - 4�" BANYAN EE LANE Additional Workforce Overlay Districts • 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 Four Corners Overlay District shall have a maximum density of 30 units per acre. N Gmail - Proposed Delray Reserve additional 6 townhouses Cry: i� https: / /tuail.google. coin/ maWu/4 / ?ui= 2 &ik= gd8681fe7d&view —pt&se.. . McCALL Credle- Rosenthal <mccal16030 @gmail.com> Proposed Delray Reserve additional 6 townhouses 3 messages McCALL Credle - Rosenthal <mcca 116030@g mail. com> Mon, Apr 14, 2014 at 5:24 AM To: Amy Alvarez <Alvarez @mydeiraybeach.com> Cc: glickstein @mydelraybeach.com, Petrolia @mydelraybeach.com, janjura @mydelraybeach.com Bec: toddiharvey@bellsouth.net, slatw @comcast.net, jackie @cmcmanagement.biz, Lane Carlee < Ian ecarlee@ma c.com>, Andrew Trupin <trupinp @gmail.com >, Rebecca Truxell <truxell @mydelraybeach.com >, Alice Finst - newest <ajfinst @earthlink.net >, Debra Rosen - La Hacienda <dwrosen @hctmail.com >, Ben & Prisa -new La Hacienda <bean ranch@ bellso uth. net>, Pat Truscello <ptruscello@hotmail.com >, Tony and Vee La Hacienda <tony.fasciani @gmail.com >, Kim Leahy <leahydelray @gmail.com >, "aennis @paradisebank.com" <aennis @paradisebank.com >, "GonzaleeF @aol.com" <GonzaleeF @aol.com> To City Commissioners and Honorable Mayor of Delray Beach. Every time a developer goes before the City of belray Beach requesting variances for an existing allocation, it is our hope that the Commissioners will factor in the effect invariably on the water run off, parking and trafficking. We, the La Hacienda HOA, oppose the the request for an additional 6 townhouses to be added to the already allocated 18 at the Federal Hwy Delray Preserve project. The La Hacienda neighborhood is submitting to the City an additional 15 letters of OPPOSITION to be included with the emails that you have received in advance of the Commission meeting of April 16th. I will not be in Delray Beach on the 16th of April and we hope that the signed letters and emails will serve as our voice of opposition to the additional 6 townhouses request. Please consi er our request to oppose an additional 6 for your consi eration. McCall Credletha� President — LG Hacienda HOA 817 Lake Avenue N belray Beach, Fl 33483 mc.ccll60 Oc'- rq",'10 _c"ri Townhouses. We would like to thank you in advance Mail Delivery subsystem <mailer- daemon@googlemail.com> To: mcca116030@gmaii.com Delivery to the following recipient failed permanently: janjura @mydelraybeach.com Mon, Apr 14, 2014 at 8:25 AM 1 of 3 4/14/2014 8:32 AM April 10, 2014 To the Board of Planning and Zoning City of Delray Beach We, the La Hacienda Neighborhood, located just south of the proposed Delray Preserve Oppose the plan to expand the proposal for development of a 24 Townhome Rental Unit Project. We, as citizens of Delray Beach, are continuously being asked to make exceptions or allow additions for conditional use. The City had allocated between 12 units to 15 units to an acre and we are constantly asked to overlook allowances agreed upon. We, La Hacienda Home Owners believe that the 18 units to that acre are already over the limit and additional units should NOT be considered. Please consider our request as citizens of this city who are hoping that our voices will be considered in your voting decision. Thank you. cj��w --- (sign here) Member of La Hacienda Neighborhood Homeowners Association �Z(, �-' L, d'�-t ) April 10, 2014 To the Board of Planning and Zoning City of Delray Reach We, the La Hacienda Neighborhood, located just south of the proposed Delray Preserve Oppose the plan to expand the proposal for development of a 24 Townhome Rental Unit Project. We, as citizens of Delray Beach, are continuously being asked to make exceptions or allow additions for conditional use. The City had allocated between 12 units to 15 units to an acre and we are constantly asked to overlook allowances agreed upon. We, La Hacienda Home Owners believe that the 18 units to that acre are already over the limit and additional units should NOT be considered. Please consider our request as citizens of this city who are hoping that our voices will be considered in your voting decision. Thank you. (sign here) Member of La Hacienda Neighborhood Homeowners Association April 10, 2014 To the Board of Planning and Zoning City of Delray Beach We, the La Hacienda Neighborhood, located just south of the proposed Delray Preserve Oppose the plan to expand the proposal for development of a 24 Townhome Rental Unit Project. We, as citizens of Delray Beach, are continuously being asked to make exceptions or allow additions for conditional use. The City had allocated between 12 units to 15 units to an acre and we are constantly asked to overlook allowances agreed upon. We, La Hacienda Home Owners believe that the 18 units to that acre are already over the limit and additional units should NOT be considered. Please consider our request as citizens of this city who are hoping that our voices will be considered in your voting decision. :nk you. -_ -f (sign here) Member of La Hacienda Neighborhood Homeowners Association xpni iu, zu..4 0 To the Board of Planning and Zoning City of Delray Beach We, the La Hacienda Neighborhood, located just south of the proposed Delray Preserve Oppose the plan to expand the proposal for development of a 24 Townhome Rental knit Project. We, as citizens of Delray Beach, are continuously being asked to make exceptions or allow additions for conditional use. The City had allocated between 12 units to 15 units to an acre and we are constantly asked to overlook allowances agreed upon. We, La Hacienda Home Owners believe that the 18 units to that acre are already over the limit and additional units should NOT be considered. Please consider our request as citizens of this city who are hoping that our voices will be considered in your voting decision, Thank you. sign here) Homeowners Association 7 Apnl 111, zujL 0 To the Board of Planning and Zoning City of Delray Beach We, the La Hacienda Neighborhood, located just south of the proposed Delray Preserve Oppose the plan to expand the proposal for development of a 24 Townhome Rental Unit project. We, as citizens of Delray Beach, are continuously being asked to make exceptions or allow additions for conditional use. The City had allocated between 12 units to 15 units to an acre and we are constantly asked to overlook allowances agreed upon. We, La Hacienda Home Owners believe that the 18 units to that acre are already over the limit and additional units should NOT be considered. Please consider our request as citizens of this city who are hoping that our voices will be considered in your voting decision. iign here) iomeowners Association April 10, 2014 To the Board of Planning and Zoning City of Delray Beach We, the La Hacienda Neighborhood, located just south of the proposed Delray Preserve Oppose the plan to expand the proposal for development of a 24 Townhome Rental Unit Project. We, as citizens of Delray Beach, are continuously being asked to make exceptions or allow additions for conditional use. The City had allocated between 12 units to 15 units to an acre and we are constantly asked to overlook allowances agreed upon. We, La Hacienda Home Owners believe that the 18 units to that acre are already over the limit and additional units should NOT be considered. Please consider our request as citizens of this city who are hoping that our voices will be considered in your voting decision. Thank you. (sign here) e ber of La Hacienda Neighborhood Homeowners Association April 10, 2014 To the Board of Planning and Zoning City of Delray Beach We, the La hacienda Neighborhood, located just south of the proposed Delray Preserve Oppose the plan to expand the proposal for development of a 24 Townhome Rental Unit Project. We, as citizens of Delray Beach, are continuously being asked to make exceptions or allow additions for conditional use. The City had allocated between 12 units to 15 units to an acre and we are constantly asked to overlook allowances agreed upon. We, La Hacienda borne Owners believe that the 18 units to that acre are already over the limit and additional units should NOT be considered. Please consider our request as citizens of this city who are hoping that our voices will be considered in your voting decision. Thank you. E 4/ d"i'n here) Member of La A ci nda Neighborhood Homeowners Association April 10, 2014 To the Board of Planning and Zoning City of Delray Beach We, the La Hacienda Neighborhood, located just south of the proposed Delray Preserve Oppose the plan to expand the proposal for development of a 24 Townhome Rental Unit Project. We, as citizens of Delray Beach, are continuously being asked to make exceptions or allow additions for conditional use. The City had allocated between 12 units to 15 units to an acre and we are constantly asked to overlook allowances agreed upon. We, La Hacienda Home Owners believe that the 18 units to that acre are already over the limit and additional units should NOT be considered. Please consider our request as citizens of this city who are hoping that our voices will be considered in your voting decision. Thank you. (sign here) Homeowners Association April 10, 2014 To the Board of Planning and Zoning City of Delray Beach We, the La Hacienda Neighborhood, located just south of the proposed Delray Preserve Oppose the plan to expand the proposal for development of a 24 Townhome Rental Unit Project. We, as citizens of Delray Beach, are continuously being asked to make exceptions or allow additions for conditional use. The City had allocated between 12 units to 15 units to an acre and we are constantly asked to overlook allowances agreed upon. We, La Hacienda Home Owners believe that the 18 units to that acre are already over the limit and additional units should NOT be considered. Please consider our request as citizens of this city who are hoping that our voices will be considered in your voting decision. Thank you. ( here) ember of La Hacienda Neighborhood Homeowners Association April 10, 2014 To the Board of Planning and Zoning City of Delray Beach We, the La Hacienda neighborhood, located just south of the proposed Delray Preserve Oppose the plan to expand the proposal for development of a 24 Townhome Rental Unit Project. We, as citizens of Delray Beach, are continuously being asked to make exceptions or allow additions for conditional use. The City had allocated between 12 units to 15 units to an acre and we are constantly asked to overlook allowances agreed upon. We, La Hacienda Home Owners believe that the 18 units to that acre are already over the limit and additional units should NOT be considered. Please consider our request as citizens of this city who are hoping that our voices will be considered in your voting decision. Thank you. LU., = '" (sign here) Membe of La Hacienda N 'ghborhood Homeowners Association April 10, 2014 To the Board of Planning and Zoning City of Delray Beach We, the La Hacienda Neighborhood, located gust south of the proposed Delray Preserve Oppose the plan to expand the proposal for development of a 24 Townhome Rental Unit Project. We, as citizens of Delray Beach, are continuously being asked to make exceptions or allow additions for conditional use. The City had allocated between 12 units to 15 units to an acre and we are constantly asked to overlook allowances agreed upon. We, La Hacienda Home Owners believe that the 18 units to that acre are already over the limit and additional units should NOT be considered. Please consider our request as citizens of this city who are hoping that our voices will be considered in your voting decision. Thank you. {sign here) Mem6 of La Hacienda Neighborhood Homeowners Association April 10, 2014 To the Board of Planning and Zoning City of Delray Beach We, the La Hacienda Neighborhood, located just south of the proposed Delray Preserve Oppose the plan to expand the proposal for development of a 24 Townhome Rental Unit Project. We, as citizens of Delray Beach, are continuously being asked to make exceptions or allow additions for conditional use. The City had allocated between 12 units to 15 units to an acre and we are constantly asked to overlook allowances agreed upon. We, La Hacienda Home Owners believe that the 18 units to that acre are already over the limit and additional units should NOT be considered. Please consider our request as citizens of this city who are hoping that our voices will be considered in your voting decision. Thank you. (sign here) Membed6la Hacienda Neighborhood Homeowners Association * 1,A> J' C* COMMISSIONERS E. TYLER CHAPPELL CHAIR BRowARD COUNTY J. CARL BLOW VICE-CHAIR ST. JOHNS COUNTY DONALD J. CUOZZO TREASURER MARTIN COUNTY JONATHAN S, NETTS SECRETARY FLAGLER COUNTY AARON L, BOWMAN DUVAL COUNTY T. SPENCER CROWLEY, III MIAMI-DAOECOUNTY PAUL U. DRITENBAS INDIAN RIVER COUNTY CHARLES C. ISIMINGER PALM BEACH COUNTY GAIL KAVANAGH ST. LUCIE COUNTY SUSANNE MCCABE VOLUSIA COUNTY JERRY H. SANSOM BREVARD COUNTY LYNN A. WILLIAMS NASSAU COUNTY MARK T.CROSLEY EXECUTIVE DIRECTOR JANET ZIMMERMAN ASSISTANT EXECUTIVE DIRECTOR FLORIDA INLAND NAVIGATION DISTRICT June 2, 2014 Mark McDonnell Interim Planning and Zoning Director City of Delray Beach 100 NW Ist Avenue Delray Beach, FL 33444 Re: Proposed "Delray Preserve" Project Development Dear Mr. McDonnell: I am writing to advise the City that Florida Inland Navigation District ( "FIND ") objects to the proposed Delray Preserve project in its current form. As you may be aware, FIND is the owner of the property (referred to as MSA 6411 641A) located directly east of and abutting the proposed project site. FIND has owned this property since 1941 and, with the assistance of the U.S Army Corps of Engineers ( "USACE "), recently completed the construction of a dredged material management facility thereon. This facility is an important and necessary infrastructure facility to serve the long -term maintenance needs of the Intracoastal Waterway ( "IWW "), a federal navigation channel. In 1996, FIND and Drive -In Theatres of Florida, Inc., the owner of the site of the proposed project at that time, entered into a Permanent Access Easement Agreement ( "Easement Agreement "), a copy of which is attached. The Easement Agreement provided that FIND would have a permanent 30 -foot wide, unobstructed easement and right of way between MSA 641/641A and State Road 5 along a designated alignment. This alignment was negotiated between the parties to accommodate the owner's then ongoing use of the site as a drive -in theatre and swap shop. The Easement Agreement provided that the owner could relocate the easement elsewhere within the Drive -In property, provide it remained a minimum of 30 feet in width and was unobstructed. The preliminary site plan for the proposed Delray Preserve project designates and relocates FIND's easement to the northerly portion of the site, through the facility's permanent parking area, and exiting an emergency access gate at the northwest corner of the property. This proposed realignment has several serious concerns and drawbacks which make it unacceptable to FIND. First, the easement is not a consistent 30 feet in width. Given that the easement must be able to accommodate two -way traffic of heavy dump trucks and other equipment, this minimum width is critical. ADMINISTRATIVE OFFICE ON THE INTRACOASTAL WATERWAY IN PALM BEACH COUNTY 1314 MARCINSKI ROAD. JUPITER, FLORIDA 33477 -9427 TELEPHONE 661. 627 -33B6 FAX No. 561 - 624 -6480 www.aicw.org Second, there are approximately 85 parking spaces and garages backing directly into the easement area. It is our grave concern that during the course of an off - loading event (i.e., when the dredged material is removed from MSA 6411641 A, requiring numerous dump truck trips over the course of several months), there could be a collision between a resident's automobile and heavy construction equipment and trucks accessing the site. Third, truck traffic and automobile traffic are inherently incompatible along this easement. Trucks have much longer stopping distances and reaction times than automobiles, which creates an inherently dangerous situation. Fourth, and probably most important, pedestrians, especially children, will be crossing the easement to access their parked automobiles as well as walking and riding bicycles in the easement. There is no practical way to exclude vehicles and pedestrians from the easement while it is being used to access the dredge material management facility. Once again, this creates a very hazardous situation. When the Easement Agreement was originally entered into, the site was zoned and used for commercial purposes. Whatever safety issues there may have been at that time appeared to be manageable. However, now that the current owners and purchasers are attempting to develop the site for an intense multifamily residential use, a severe safety problem will result unless a separate, segregated access easement is provided. This easement must be free of automobiles backing into it and pedestrians using it while FIND is conducting unloading operations. We have no doubt that the City and the developer share our concerns and desire to mitigate, if not completely eliminate, foreseeable operational and safety issues. The current site plan has serious shortcomings in this regard and needs to be revised. We are available to discuss alternative designs with City staff, the owner and the developer. Thank you. cc: FIND Commissioner Charles Isiniinger Peter L. Breton, FIND General Counsel William P. Doney, FIND Special Counsel Kyle Clayton, ZOM Florida Enclosure Alvarez, Amy From: Jim <jim @jtingram.com> Sent: Wednesday, June 04, 2014 9:50 AM To: Alvarez, Amy Subject: Delray Preserve I do not believe Delray Beach can afford the impact to the sense of community, the police force, fire Dept., sewage, and schools that these changes will cause. If all these units are families (2 adults, 2 kids per unit), where do they go to school? How many people are projected to live here? What assumptions are these numbers based on? i would like to see single family homes, or at worse case the original zoning (not the last change proposal request). I purchased and invested in my Home based on this zoning. The developer can make plenty of money on single family homes. There are plenty of companies doing this. If he is thinking about working people he can make them affordable and make less, maybe give one or two away in a lottery. Single family homes encourage a sense of community. People make improvements and maintain single family homes, have a sense of permanent not transient. Delray Beach has a fair amount of rental units and transient "visitors ". We need more single family homes. More stable families. Jim Ingram 620 Allen Ave Delray Beach, FL 33483 561 573 6533 Jim @ifiinram.com Rvarez, Amy From: jpierrard @iberiafood.com Sent: Tuesday, June 03, 2014 12:49 PM To: Alvarez, Amy Subject: Proposed zoning change Dear. Ms. Alvarez, As a longtime resident of Allen Ave, I have lived , owned rental property and built houses on this street since 1990. 1 have serious concerns to the rezoning proposal for Delray Reserve. I understand that you are considering increasing density from 18 units per acre to 24 units per acre as requested by the developer of the Delray Reserve project at 2001 N Federal Highway. Have any concurrence studies been completed to see the impact of this change? Why would you consider giving this zoning change that is uncharacteristic to the surrounding area? I believe the proposed change will have a negative effect of property values on the surrounding area and would ask you to provide me with independent impact studies show otherwise before you move forward with project. I feel like this project is being rushed through without the proper vetting process. Due to my limited time I may or may not be able to attend or speak at future meetings. Although I would hope you will address my concern and receive my feedback before moving forward with this change.. Respectfully, John Plerrard 637Allen Ave Delray Beach FL 33483 305- 710 -6939 John Pierrard Chief Financial Officer Iberia Food Corporation 305 - 863 -8840 41varez, Amy From: Andrew Trupin <trupinp @gmail.com> Sent: Tuesday, June 03, 2014 91:30 AM To: Alvarez, Amy Subject: Delray Preserve Attachments: pripyat.jpg Dear Ms. Alvarez, I would like to voice my opposition to the large size and poor planning of the rental complex being considered at Delray Preserve at North Federal Hwy. I am sure you have driven the section of Pompano Beach, with its Soviet Style apartment blocks that look like the deserted city of Pripyat, Ukraine, shortly after the Chernobyl disaster. A picture is attached. Of course your vision for Delray Beach does not have this city as a model. If so, then it should be an easy choice for you to stand up for the citizens of this city, who have labored to make this an attractive and desirable home, one that is regularly listed among the best beach towns in America. To ensure that this city continues to be an attractive place, development must taper off at some level. There is a finite amount of space for rental housing in this city and, based on the hundreds of sober homes, and thousands of empty townhomes, that level has surely been reached. There is also a finite amount of capital that may be wisely applied to rental units, and, as you know, rental housing regularly attracts a huge amount of mal- invested capital, or hot money, which reveals itself in the inevitable collapse that follows. It takes firm hand and a solid political stance to hold off this tidal wave of hot money. You can use the argument that water runoff is not adequate. You may note that the new units will strain city services, or that you plan to beautify federal highway will be frustrated by the traffic, or you might note that renters, not homeowners do not have a vested interest in keeping the units clean or well maintained. Or you can encourage the city council members to drive about 15 miles south on A1A to Pompano beach to view the future of Delray, and vote accordingly. With the best interest of this city in mind, I remain Sincerely Andrew Trupin 720 Lake Ave. N 33483 Alvarez, Amy From: Kevin Osborn <ko1967 @g mail. com> Sent: Tuesday, June 03, 2014 8:35 AM To: Alvarez, Amy Subject: Fwd: Delray Preserve Amy, This is the first of 2 letters that I referenced. Kevin ---- - - - - -- Forwarded message ---- - - - - -- From: Prism Augustyn <beanranchnbellsouth.net> Date: Mon, Jun 2, 2014 at 7:40 PM Subject: Delray Preserve To: glickstein &mydel.raybeach.com, petroliagmydelraybeach.com, 'ar'ura a m delra beach.com, trankel cr,mydelraybeach._c_om, jacquet(i�,mydelraybeach.com Dear Mayor Glickstein and Commissioners, I am writing to express my concern about the negative impact of the proposed 205 unit rental community on North Federal Highway. Together with our neighbors, we have been investing in preserving our quality of life and family- friendly atmosphere in spite of the increasing number of group - homes, unattractive and socially questionable businesses along the North corridor. We've seen the nursery disappear north of us, then the Swap Shop and the Flea market, where we used to walk to buy vegetables on the weekend. All gone for condominiums with barely any green space. Please think about the families trying to raise children in the concrete jungle you are creating here! Let the importance of sustainability enter your decision making and the necessity to preserve some level of safety and dignity for your residents! Thank you for your consideration. Sincerely, Prisca Augusty From: Kevin Osborn <ko1967 @gmail.com> Sent: Tuesday, June 03, 2014 8:35 AM To: Alvarez, Amy Subject: Fwd: Delray Preserve Opposition Amy, Here is the second of the two additional emails that I referenced. Kevin ---------- Forwarded message ---- - - - - -- From: Patricia Truscello <ptruscello(crotniail.com> Date: Mon, Jun 2, 2014 at 4:11 PM Subject: Delray Preserve Opposition To: "jacquet ct mydelrayb each. com" <iacguetAmydelraybeacb.com >, Adam Frankel <frankel(2amydelraybeach.com >, Jariura m delra beach.com" <jarjuragm, d�etraybeach.com >, " petrolia(cr,mydelraybeach.com" < etrolia n� delra bcach.com >, "glickstein(a m, d�ybeach.com" <glickstein(cr,mydelraybeach. com> TO: Mayor Glickstein, Vice -Mayor Petrolia, Deputy Vice Mayor Jarjura, Commissioner Frankel, Commissioner Jacquet I strongly oppose increasing the density of the Delray Preserve proposed housing. I have lived in a nearby community, La Hacienda, since 2001. We have experienced many changes in our neighborhood and have witnessed several dramatic changes in the surrounding areas. Although in general I feel change is good, this project could rapidly destroy North Delray Beach. High density housing is NOT what we need anywhere in Delray Beach. The existing communities near the Delray Preserve are quite charming and upscale. We need to extend the Delray Beach charm northward along the Federal Highway corridor. We have worked hard at not only preserving our neighborhood's character, but improving it. Please help us continue to improve our neighborhoods, not witness their deterioration from overcrowding and congestion. Please do not allow high density housing that does not fit in with this neighborhood. It has been my understanding over the past 13 years, that one of the city's goals is to improve North Delray Beach, not bring it down. I am still waiting for the high -end restaurants that we were promised years ago. The area north of George Bush Boulevard along Federal Highway is still the City of Delray Beach and should be just as exquisite as areas to the south. All of Delray Beach could be lovely! Homeowners pay high taxes and appreciate the city's alluring characteristics. Downtown Delray is delightful! The residents in northeast Delray Beach would benefit greatly from the creation of an equally alluring hamlet in the northeast section of the city. Sharing our vision of a healthy, safe and livable community is greatly appreciated. Thank you so much, Patricia Truscello 829 Lake Avenue North Delray Beach, FL 33483 Alvarez, Amy From: Cynthia Taylor < cynthia .taylor @palmbeachschools.org> Sent: Monday, June 02, 2014 9:57 AM To: Alvarez, Amy Cc: ko1967 @gmail.com Subject: Delray Preserve Attachments: Amy Alveraz.docx Dear Amy -- please include this letter of opposition to the Delray Preserve file for tomorrow's Public Hearing Thank you, Cynthia Taylor Last Day of School for Students is .dune 5 and Teachers .tune 6. Have a Safe anof Para Summer! Follow us on 91 Ed Disclaimer: Under Florida law, e -mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. Amy Alveraz, I have been a home owner for the past 15 years. My peaceful abode is located at 611 Allen Avenue. I attended the last City Hall meeting concerning the increase to 24 units per acre of the proposed Delray Preserve located in our neighborhood. My opposition to the steady rise of the original zoning for this property from 12 units to 18 units and now 24 units is on record. At that time I expressed many concerns of the impact the current density increase from 18 to 24 units per acre /50 additional apartments would have. I expressed concern of the traffic flow of the area. I have seen the difference first hand in traffic flow with the growth of Walmart and other businesses in the area in the last few years. It is necessary to enter northbound Federal Hwy from Allen Avenue and do a U -turn to travel South. This U -turn area is also the entrance /exit area for Kokomo Key residence. With the current 18 unit per acre proposal /150 apartments that equates to approximately 200/300 additional cars vying for entrance to Federal Hwy during morning and evening work commute times in the same vicinity. It is also on public record that there is a proposed office space being considered on the east side of Federal across the street from Johnny Mangos. This poses additional traffic concern. An increase in density not only means more traffic, it also means more noise, more solid waste, and resident turn over. Additionally, an increased density is not consistent with surrounding areas of Kokomo Key, Allen Avenue, Old Palm Grove, The Estuary, La Hacienda, or other neighborhoods down to George Bush. I heard other relevant comments at the last meeting to name a few. One gentleman made the point that the City of Delray had conducted a study (paid for with taxpayers money) of the property in question and made the recommendation of a maximum of 18 units — Why wasn't the City's own recommendation given credence? Delray markets itself and takes pride in being the quaint "Village by the Sea ". To not protect this status near our northern border blends the line between Boynton and Delray. Please maintain the At the closing of the afore mentioned meeting attended, I was shocked at the comments made by City Council members and it was evident to me that a collaborative decision to allow the increase had already been made before the public meeting even started. The traffic pattern issue was dismissed with the logic of saying, "It is not a density issue rather a traffic flow issue" -- To my logic they are one and the same— more apartments= more traffic flow. I felt letdown by my elected officials and that my time and comments made were not given the credit deserved. It was disrespectful. I hope that tomorrow's Public meeting is met with the consideration that our community members deserve. I will be there in support of Kevin Osborn's presentation. I am also asking for the City to conduct a study and monitor the current traffic flow before in the area mentioned above before any final decision is made. Sincerely, Cynthia Taylor 611 Allen Avenue, Delray Beach 33432 ■ From: shawn olds <socompletemarine @gmail.com> Sent: Monday, June 02, 2014 10:24 AM To: Alvarez, Amy Subject: Delray Preserve I am a single resident of 630 Allen ave. This is the street just south of the proposed Delray Preserve project. In my opinion, this project is not going to be good for the already existing properties. This project will increase the noise traffic and it will also increase the crime as all rental apartmentprojects do. Please help us keep our beautiful and well respected area as clean and safe as possible. Please do not allow the Developers to come in and lower our already existing standards and property values just so they can profit short terra. Keep Delray CLEAN AND BEAUTIFUL... Thank you for listening to a concerned citizen Shawn Olds. Shawn Olds 630 Allen Ave. Delray Beach FL 334,83 Alvarez, Amy From: Jim <jimQtingram.com> Sent: Monday, June 02, 2014 12:25 PM To: Alvarez, Amy Subject: development of the Drive inn theater /flea market site 1 do not believe Delray Beach can afford the impact to the sense of community, the police force, fire Dept., sewage, and schools that these changes will cause. If all these units are families (2 adults, 2 kids per unit), where do they go to school? How many people are projected to live here? What assumptions are these numbers based on? I would like to see single family homes, or at worse case the original zoning (not the last change proposal request). I purchased and invested in my Home based on this zoning. The developer can make plenty of money on single family homes. There are plenty of companies doing this. If he is thinking about working people he can make them affordable and make less, maybe give one or two away in a lottery. Single family homes encourage a sense of community. People make improvements and maintain single family homes, have a sense of permanent not transient. Delray Beach has a fair amount of rental units and transient "visitors ". We need more single family homes. More stable families. Jim Ingram High Tech Photonics JT Ingram Sales and Marketing 455 NE 5th Ave D -277 Delray Beach, FL 33483 561 573 6533 Jim @itingram.com Alvarez, Amy From: Sabrina A. Caruana & Associates Real Estate <c21 caruana @aol.com> Sent: Thursday, May 15, 2014 3:17 PM To: Alvarez, Amy Subject: Delray Reserve Project Dear Ms. Alvarez, As a citizen of Delray Beach for 20 years and a resident close to 2001 N. Federal Hwy, I would like to formally object to the increase in density from 18 units per acre to 24 units per acre as requested by the developer of the Delray Reserve project at this property address. The increase in density for that property is not consistent with or complementary to the surrounding neighborhoods. Increasing the density to allow 50 additional apartments to be build will result in increased people, increased traffic, increased noise, increased trash, and increased turnover that is not necessary for the development of this property. In addition, it will bring transient residents to our neighborhood, people with no permanent roots, who are not the type of neighbors we are looking for. We would much prefer that this land was used to develop condos or townhouses that are For Sale and not For Rent. People who want to make Delray Beach their permanent home and not just a place to rent a high density, lower income rental apartment. Due to being out of the country for work, l may or may not be able to attend or speak at future meetings. Please add my objection to the file for that property. Respectfully, Sabrina Caruana 619 Allen Avenue Delray Beach, FL 33483 gars'! MEMORANDUM TO: Mayor and City Commissioners FROM: Planning and Zoning THROUGH: Terry Stewart, Interim City Manager DATE: June 23, 2014 SUBJECT: AGENDA ITEM 10.B. - REGULAR COMMISSION MEETING OF JULY 1, 2014 ORDINANCE NO. 08 -14 (SECOND READING /SECOND PUBLIC HEARING) BACKGROUND On June 3, 2014, the Commission approved Ordinance No. 08 -14 on First Reading. On June 17, 2014, the Commission voted 5 -0 to defer the Second Reading of the subject Ordinance to its July 1, 2014 meeting. Legal Department Review: Ordinance No. 08 -14 was published in the Palm Beach Post newspaper on Friday, June 11, 2014 in compliance with advertisement requirements. Finance Department Review: Finance recommends approval. Discussion: This ordinance is before Commission for second reading and quasi-judicial hearing to consider privately- initiated amendments to the Land Development Regulations (LDR) Sections 4.4.9, "General Commercial ", Subsection 4.4.9 (C), "Conditional Uses ", to allow a density up to a maximum of twenty -four (24) units per acre within the Infill Workforce Housing Area; creating Subsection 4.4.9 (G)(5), "Infill Workforce Housing Overlay District" to establish a maximum Floor Area Ratio (FAR) of 0.75; amending Article 4.7, "Family /Workforce Housing ", Section 4.7.1, "Definitions ", Subsection 4.7.1.1, "Infill Workforce Housing Area" and Section 4.7.4(g), to specify the maximum allowable density of 24 units per acre within the General Commercial zoning district. Timing of Request: This item is not time - sensitive. RECOMMENDATION Recommend approval of Ordinance No. 08 -14 on second and final reading. ORDINANCE NO. 08 -14 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS, BY AMENDING SECTION 4.4.9, "GENERAL COMMERCIAL (GC) DISTRICT', SUBSECTION (D), "CONDITIONAL USES AND STRUCTURES ALLOWED ", TO INCREASE DENSITY IN THE INFILL WORKFORCE HOUSING AREA TO A MAXIMUM OF 24 UNITS PER ACRE; AMENDING SUBSECTION (G), "SUPPLEMENTAL DISTRICT REGULATIONS ", TO ADD "INFILL WORKFORCE HOUSING OVERT AY DIS T RICI", TO PROVIDE AN FAR OF 0.75; AMENDING ARTICLE 4.7, "FAMILY WORKFORCE HOUSING", SUBSF__ C -HON 4.7.1, "DEFINITIONS ", SUBSECTION (, "INFILL WORKFORCE HOUSING AREA" TO AMEND MAPS TO INCREASE THE DENSITY IN THE GENERAL, COMMERCIAL (GC) ZONING DISTRICT; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on February 25, 2014 and voted 2 to 3 to approve the amendments; 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. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Section 4.4.9, "General Commercial (GC) District ", Subsection 4.4.9(D) of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (D) Conditional Uses and Structures Allowed: The following are allowed as conditional uses within the GC District, except as modified in the North Federal Highway Overlay District by Section 4.4.9(G)(2) and except as modified in the Four Corners Overlay District by Section 4.4.9 (G) (3) (c) . (1) Amusement game facilities. (2) Wash establishments or facilities for vehicles. (3) Child Care and Adult Day Care. (4) Clubs and Lodges; social, fraternal, and recreational not exceeding 3,500 sq. ft. of gross floor area. (5) Drive -in Theaters. (6) Flea Markets, bazaars, merchandise marts, and similar retail uses. (7) Funeral Homes. (8) Gasoline Stations or the dispensing of gasoline directly into vehicles. (9) Hotels and Motels. (10) Free - standing multiple - family housing, including residential licensed service provider facilities, subject to the requirements of the RM District except for setback and height requirements which shall be pursuant to this Section. (11) Recreational establishments such as bowling alleys, gymnasiums, health spas, miniature golf courses, skating rinks. (12) Sales and service of All Terrain Vehicles and personal watercraft (waverunners, jet skis), with no outside display, outside storage or outside service. (13) Multiple family residential development, including residential licensed service provider facilities and assisted living facilities, may exceed twelve (12) units per acre, up to a maximum of twen , -four (24� units per acre within the Infill Workforce Housing Area, subject to the provisions of Section 4.4.6(1), and Article 4.7, and subject to the requirements of the RM District except for setback and height requirements, which shall be pursuant to this Section. (14) Veterinary Clinics. (15) Group Home, Type 2 and Community Residential Homes, pursuant to restrictions set forth in Section 4.3.3(1). (16) Adult Gaming Centers. (17) Churches or places of worship, and their attendant Sunday school, recreational and columbarium facilities not exceeding 3,500 square feet of gross floor area. The foregoing does not allow establishment of educational and care uses such as elementary school and general day care. (18) Multiple family residential development, including residential licensed service provider facilities and assisted living facilities, may exceed twelve (12) units per acre, up to a maximum of eighteen (18) units per acre within the Infill Workforce Housing Area, subject to the provisions of Section 4.4.60), and Article 4.7, and subject to the requirements of the RM District except for setback and height requirements, which shall be pursuant to this Section. (19) Assisted Living Facilities, Nursing Homes, and Continuing Care Facilities subject to the requirements of the RM District except for setback and height requirements which shall be pursuant to this Section. (20) Large Family Child Care Home, subject to Section 4.3.3(TT). Section 2. That Section 4.4.9, " General Commercial (GC) District ", Subsection 4.4.9(G)(5) of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: 2 ORD. NO. 08 -14 (G) Supplemental District Regulations: In addition to the supplemental district regulations set forth in Article 4.6, the following supplemental district regulations shall apply in the GC District. (1) The parking requirement for business and professional offices within that portion of the GC zoning district bounded by S.E. 5th Avenue on the west, S.E. 6th Avenue on the east, S.E. 4th Street on the north and S.E. 10th Street on the south is established at one (1) space per 300 sq. ft. of net floor area. (2) North Federal Highway Overlay District: The following supplemental district regulations apply to the North Federal Highway Overlay District, as defined in Section 4.5.7. (a) In addition to the uses listed in 4.4.9(D), the following light industrial uses are allowed as conditional uses: 1. Fabrication and /or assembly of manufactured materials or parts for distribution or sale, such as sheet metal, sign shops, glass shops, electronics, cabinet and furniture making. 2. The wholesaling, storage and distribution of products and materials; 3. Self service storage facilities that comply with subsection (c) below. (b) All uses listed under subsection (a) above must: 1. Operate in conjunction with a permitted service or retail use that is located on the premises; 2. Maintain a commercial facade along North Federal Highway, with the light industrial aspect of the business oriented toward Dixie Highway; 3. Operate within an enclosed building, with no outside storage; 4. Orient overhead doors away from adjacent rights -of -way, except where existing, or where the approving body determines that it is not feasible to comply; and, 5. Along the property line adjacent to Dixie Highway, provide a landscape buffer consisting of a 4' high hedge, and trees planted 25 feet on center to form a solid tree line. (c) In addition to subsection (b) above, any self service storage facility shall comply with the following. The following regulations supersede Section 4.3.3(A). 1. Lot Area: The minimum lot area is 1.5 acres and the maximum lot area is 3 acres. 3 ORD. NO. 08 -14 2. Facilities and Requirements: a. Outdoor bay type access to individual self - storage units that face a street is prohibited. The exterior loading access points shall be designed in such a way to minimize sight lines from adjacent roads. b. No building shall exceed forty -eight feet (48') in height. c. Parking shall be provided at the rates set forth in Section 4.6.9 for the permitted service, office and retail uses and for self - storage uses, parking shall be at a rate of one (1) parking space per 100 storage units or portion thereof, including: (a) a minimum of three (3) loading spaces for the self - service storage facility that must be striped and signed to limit the time for loading and unloading to one (1) hour; and in addition (b) three and one -half (3.5) spaces for each 1,000 square feet of accessory office use associated with the self - storage use. Notwithstanding the above, a minimum of five (5) parking spaces other than loading spaces shall be provided in connection with the self - storage use. d. At least 2,500 square feet of ground floor area shall be devoted to at least one additional principal retail or service use without limiting the foregoing. The additional principal uses may be eating and drinking establishments, retail or personal service. 3. Limitation of Uses: a. Activities not related to the rental or lease of self - storage units shall not be conducted within the self service storage facility area, unless specifically permitted through the conditional use process. b. Except as otherwise provided in subsection (c), no business or activity other than self storage shall be conducted from any self - storage unit in the facility. Examples of prohibited uses include, but are not limited to the following: the servicing, repair and /or restoration of automobiles, boats, recreational vehicles, and /or restoration of automobiles, boats, recreational vehicles, lawnmowers and the like; moving and self - storage companies; cabinet making and wood working (whether personal or professional); personal hobbies and arts and crafts; and any other activity unless specifically permitted through the conditional use process. 4 ORD. NO. 08 -14 c. Except as otherwise provided in this subsection (c), there shall be no electrical power provided to, or accessible from any individual self - storage units. This includes the provision of lighting fixtures to the interior of a self - storage unit, unless specifically addressed in the conditional use approval. The use of portable generators is also prohibited. d. The use or storage of any hazardous materials is prohibited. e. the terms and conditions of this section shall be clearly expressed in all self - storage rental or leasing contracts, as well as conspicuously displayed in plain view on a sign no smaller than one foot (1') by two feet (2') in the leasing office at the facility. 4. On -Site Manager: An on -site manager shall be employed at the facility during all hours of operation. 5. Hours of Operation: Customers of the self service storage facility may not access individual self - storage units before 5:00 a.m. or any later than 9:00 p.m. Hours of operation may be further restricted when it is deemed that morning and evening traffic into and out of the facility may negatively impact the character of an adjacent residential area. In no circumstance shall customers of any self service storage facility have 24 hour access to their self - storage unit(s). 6. Landscape Requirements: In addition to all applicable landscape requirements and other special provisions pursuant to the individual zone district, a minimum ten foot (10') landscape buffer shall be required adjacent to Federal Highway and Dixie Highway and a minimum five foot (5') landscape buffer shall be required along all property lines that do not abut a roadway. 7. Outdoor Storage of vehicles, Boats & Truck Rental: Outdoor storage of boats and vehicles and truck rental is prohibited. 8. Architecture: All self service storage facility buildings must comply with the following architectural standards. a. Building facades visible from the public right -of -way shall have the appearance of a service and /or retail building through the use of doors, windows, awnings, and other appropriate building elements. b. Exterior building material shall be stucco or a similar material. 5 ORD. NO. 08 -14 c. Buildings that can accommodate two or more stories shall be designed where facing a street to have the appearance of a multi- story building through the use of windows, doors, awnings, canopies or other appropriate building elements. d. Building facades facing a public right -of -way must have a 15% minimum transparency consisting of windows that provide visibility from the public right -of -way from the interior. e. Detailed building elevations shall be submitted prior to the Conditional Use public hearing. 9. Location: A self service storage facility shall not be located within a radius of 1,000 feet of another existing self service storage facility. (3) Four Corners Overlay District: The following supplemental district regulations apply to the Four Corners Overlay District, as defined in Section 4.5.14. (a) The permitted uses shall be those uses listed in Sections 4.4.9(B)(1,2,4,5). (b) The accessory uses shall be those uses listed in Section (C). (c) The conditional uses shall be those uses listed in Sections (D) ( 2, 3, 9, 11, 14, 19, and 20). (d) Standards Pertaining to Allocation of Uses: 1. Office uses can encompass up to one hundred percent (100 %) of the total building square footage within a Four Corners Overlay master development plan. 2. Retail uses shall not encompass more than one hundred percent (100 %) of the total building area square footage of the Four Corners Overlay master development plan. 3. Hotels, motels, and residential all suite lodging shall not encompass more than 20% of the total building area square footage of the Four Corners Overlay master development plan. Notwithstanding the above, hotels, motels and residential all suite lodging can comprise 100% of the floor area of an individual building within a MDP containing multiple buildings. 4. Multi- family Dwelling Units: Multi- family uses and assisted living facilities, but excluding duplexes subj ect to (a) (b) (c) (d) (e) below, ranging in density not to exceed 30 units per acre subject to the following: 6 ORD. NO. 08 -14 a. Residential units may comprise 75% of the total floor area of the development master plan at a maximum density of (30) units per acre and only when proposed as part of a mixed -use development containing office and /or commercial uses. b. Residential developments must include a minimum of 20% workforce units consisting of moderate income workforce units as defined by Article 4.7 Family /Workforce Housing. c. Workforce units shall be subject to general provisions of Article 4.7.6, 4.7.7, 4.7.8, 4.7.9, and 4.7.10. d. For mixed -use developments, the shared parking provisions of LDR Section 4.6.9. (C) (8) shall be allowed. e. All residential developments shall be subject to the Performance Standards of 4.4.13(1)(2) (e) Standards Unique to the Four Corners Overlay District: Where standards unique to the Four Corners Overlay District conflict with standards contained elsewhere in the zoning, subdivision, and landscape codes, the standards of this Subsection shall apply: 1. Lot Coverage & Open Space: a. Land area equal to at least 25% of the individual Four Corners Overlay District Master Development Plan (MDP) including the perimeter landscaped boundary, shall be in open space. Water bodies and paved areas shall not be included in the meeting of this 25% open space requirement. 2. Minimum Structure Size: Any free - standing non - residential principal structure shall have a minimum floor area of 4,000 square feet; shall be architecturally consistent with other structures in the master development plan; and shall have direct access to and from other portions of the Four Corners Overlay development. 3. Office and Commercial Floor Heights shall be a minimum of twelve feet (12') floor to floor on the first floor and ten (10') floor to floor on all floors above. Residential uses shall have a minimum nine feet (9') floor to floor on all floors. Hotel, motel and residential all suite lodging shall have a minimum of eight feet six inches (8' 6 ") floor to floor on all floors. Auxiliary and service rooms, such as, garages, restrooms, closets, 7 ORD. NO. 08 -14 laundry rooms, dressing rooms, storage rooms, mechanical, electrical, and plumbing equipment rooms are exempted from the floor height regulations. (4) Lintco Development Overlay District: Within the Lintco Development Overlay District, as defined by Section 4.5.19(A), non - residential development intensity in non- residential or mixed -use developments shall be limited to a maximum Floor Area Ratio (FAR) of 0.36. (5) Infill Workforce Housing Overlay District: Within the Infill Workforce HousinV, Overlay District, as defined by Section 4.5.12 non - residential development intensity in non- residential or mixed -use developments shall be limited to a maximum Floor Area Ratio (FAR) of 0.75. Section 3. That Section 4.7, "Family Workforce Housing ", Subsection 4.7.1(1), of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same hereby amends the maps to increase the density in the GC zoning district to twenty -four (24) units per acre as attached as Exhibit A herein. 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 upon its adoption on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of 12014. MAYOR ATTEST: City Clerk First Reading Second Reading 8 ORD. NO. 08 -14 Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: Amy E. Alvarez, Senior Planner Mark McDonnell, AICP, Interim Director of Planning and Zoning THROUGH: Robert A. Barcinski, Interim City Manager DATE: May 21, 2014 SUBJECT: AGENDA ITEM 10.B -REGULAR COMMISSION MEETING OF JUNE 3.2014 ORDINANCE NO. 08 -14 BACKGROUND Page 1 of 3 The Family/Workforce Housing Ordinance was initially adopted by the City Commission on December 6, 2004 and included incentives to provide workforce housing by allowing density bonuses in certain areas of the City. In 2006, Ordinance No. 17 -06 was adopted by the City Commission to expand the City's Workforce Housing Program to provide additional opportunities and incentives which included the addition of the Infill Workforce Housing Area. This area specified the property at 2001 North Federal Highway (fka Delray Beach Swap Shop) which is zoned General Commercial (GC). The amendment provided for a maximum density of 18 units per acre through density bonuses for the provision of workforce housing. This currently proposed amendment is to permit a maximum total density of 24 units per acre for a development in the Infill Workforce Housing Area also zoned GC, whereas all other designations within the Infill Workforce Housing Overlay District would be limited to 18 units per acre. In addition, a FAR (Floor Area Ratio) for non - residential or mixed -use development within the GC zoning district will be established at a maximum of 0.75 within the Infill Workforce Housing Overlay District to retain the ability to incorporate some commercial development at a later date. The provision of a FAR is already established in the Comprehensive Plan at 3.0. The amendment will also revise the applicable maps of the Land Development Regulations (LDR) Section 4.7.1, Workforce Housing; Definitions, to specify 18 units per acre in the RM Zoning District and 24 units per acre in the GC Zoning District. The current maps only specify 18 units per acre, and do not differentiate between zoning districts. It should be noted that while the subject request is not property specific, the property at 2001 North Federal Highway is the only property to which the amendment is applicable at this time, as it is the only GC zoned property identified as an Infill Workforce Housing Area. http: // agendas. mydeiraybeach .com /Bluesheet.aspx ?ItemID= 793 8 &MeetingID =511 6/11/2014 Coversheet Page 2of3 The Applicant has indicated that the increased density is required to provide "sustainable development." Additionally, the required Workforce Housing Units would double from between 13 and 26 workforce units at a density of 18 units per acre to between 25 and 55 workforce units at a density of 24 units per acre. A complete copy of the justification for the request is provided as an attachment. A text amendment (Ordinance 07 -14) to the Comprehensive Plan to permit 24 units per acre and reduce the FAR to .75 was reviewed by the City Commission at its April 16, 2014 meeting. The City Commission approved the Ordinance on First Reading, and the amendment was subsequently transmitted to the Florida Department of Economic Opportunity (DEO) for review, where a finding of no impact was made (see attached DEO letter dated May 23, 2014). Based on that finding, the subject LDR Amendment was able to move forward. Both Ordinance 07 -14 and Ordinance 08 -14 (subject Ordinance) are each tentatively scheduled for Second Reading at the City Commission meeting of June 17, 2014. REVIEW BY OTHERS The Comm_ unity Redevelopment Agency (CRA) reviewed the proposed amendment at its meeting of February 13, 2014 and recommended approval. The Planning and Zoning Board reviewed the proposed amendment at its meeting of February 25, 2014 and made a motion to recommend approval, but it failed on a vote of 2 -3 (Jarjura, Davey, and Durden dissenting; Shutt and Pierre -Louis absent). Following the presentation of the item, many property owners from adjacent residential developments and nearby neighborhoods spoke in opposition of the request over concerns of intensity, density, and traffic. The members of the Planning and Zoning Board discussed these issues, as well, with three members expressing similar concerns as the public. The complete Planning and Zoning Board Staff Report is included as an attachment and provides additional analysis of the proposed amendment. Legal Department Review: This item complied with all applicable conditions precedent prior to coming before the City Commission. Financial Department Review: Not applicable Discussion: Consideration of a privately- initiated amendment to Land Development Regulations by amending 4.4.9 "General Commercial', Subsection 4.4.9 (C) "Conditional Uses ", to allow a density up to a maximum of twenty -four (24) units per acre within the Infill Workforce Housing Area; creating Subsection 4.4.9(G)(5) "Infill Workforce Housing Overlay District" to establish a maximum Floor Area Ratio (FAR) of 0.75; amending Article 4.7 "Family/Workforce Housing" Section 47.1 "Definitions" Subsection 4.7.1,1 "Infill Workforce Housing Area " and Section 4.7.4(8) to specify the maximum allowable density of 24 units per acre within the General Commercial zoning district. Operating Cost: NIA Timing of the Reguest: Second Reading is presently scheduled for June 17, 2014. Recommendations): Approve on first reading Ordinance 08 -14, a privately- initiated amendment to Land Development Regulations by amending 4.4.9 "General Commercial', http: // agendas .mydelraybeach.com /Bluesheet. aspx ?ltemID =793 8 &MeetingID =511 6/11/2014 Coversheet Page 3 of 3 Subsection 4.4.9 (C) "Conditional Uses ", to allow a density up to a maximum of twenty -four (24) units per acre within the Infill Workforce Housing Area; creating Subsection 4.4.9(G)(5) "Infill Workforce Housing Overlay District" to establish a maximum Floor Area Ratio (FAR) of 0.75; amending Article 4.7 "Family/Workforce Housing" Section 4.7.1 "Definitions" Subsection 4.7.1.1 "Infill Workforce Housing Area" and Section 4.7.4(g) to specify the maximum allowable density of 24 units per acre within the General Commercial zoning district, by adopting the findings of fact and law contained in the Staff Report and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M)(5). http:// agendas. mydelraybeach .com /Blueshect.aspx ?ItemlD =793 8 &MeetingID =511 6/11/2014 J OF I of 3 a, SECTION 4.7.1 I. ■r ■ ■ ■■ ■■ �;� ■■ ■■ �■ ■■� U ■ �■ ■�� ■fir � � ��'' �� rq r # 0 0 fill � l i 1 ♦ • � ' r RMIN � - • f 1 Map 2 4.7 -5 SECTION 4.7. 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Q 3 2 rL" 2 _ U z 7:1 -- DIGITAL BASE MAP SYSTEM -- MAP REF: S: \Planning & Zoning \DBMS \File— Cob \Z —LM 1000 - 1500 \LM1458_2001 N FEDERAL HWY N SUBJECT D E L RAY PRESERVE PROPERTY PLANNING AND ZONING DEPARTMENT Q LOCATION MAP c� s > _ W W � a � Z i S GJ i z V-1 O O N F --I" L _. I � �'ti■ r�y7, Y� yh 1 Y :1 yr Jl',r T I !� � •fir. 'u. 3 s dA a� a� a � LL i S GJ i z V-1 O O N s• „ 1A. f �I I I} E i ro 3 s � - 1��^ I M1 W W C L 00 a W Y LL o ,. i s a CL 0 N i, Z °' i 0 0 N �I I I} E i ro N d � 3 3 s � 3 s 0 GJ i c a LPL -° L s s O " 0 Z � w O O CL N ° - a I V 11 1, f 1 s �{ ;tow A v t r 1 s �{ ;tow A v � 3 3 t s 0 a� dJD t _ c � � Y a � a L i N _ s a W � N O U Z 16 N O t O a Q N ° CL l` A r s" y r- 1 Y � { a PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING DATE: FEBRUARY 25, 2014 AGENDA NO: IV.D. AGENDA ITEM: Privately- initiated amendments to the Land Development Regulations that include amending Section 4.4.9 "General Commercial ", Subsection 4.4.9 (C) "Conditional Uses ", to allow a density up to a maximum of twenty -four (24) units per acre within the Infill Workforce Housing Area; creating Subsection 4.4.9(G)(5) "Infill Workforce Housing Overlay District" to establish a maximum Floor Area Ratio (FAR) of 0.75; amending Article 4.7 "Family/Workforce Housing" Section 4.7.1 "Definitions" Subsection 4.7.1.1 "Infill Workforce Housing Area " and Section 4.7.4(8) to specify the maximum allowable density of 24 units per acre within the General Commercial zoning district. ITEM BEFbRE, THE BOARD 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 4.4.9 "General Commercial ", Subsection 4.4.9 (C) "Conditional Uses ", to allow a density up to a maximum of twenty -four (24) units per acre within the Infill Workforce Housing Area; creating Subsection 4.4.9(G)(5) "Infill Workforce Housing Overlay District" to establish a maximum Floor Area Ratio (FAR) of 0.75; amending Article 4.7 "Family/Workforce Housing" Section 4.7.1 "Definitions" Subsection 4.7.1.1 "Infill Workforce Housing Area " and Section 4.7.4(g) to specify the maximum allowable density of 24 units per acre within the General Commercial zoning district. 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. The Family/Workforce Housing Ordinance, initially adopted by the City Commission on December 6, 2004, includes incentives to provide workforce housing by allowing density bonuses in certain areas of the City. In 2006, Ordinance 17 -06 was adopted by the City Commission to expand the City's Workforce Housing Program to provide additional opportunities and incentives which included the addition of the Infill Workforce Housing Area. This area specified the property at 2001 North Federal Highway (fka Delray Beach Swap Shop) which is zoned General Commercial (GC). The amendment provided for a maximum density of 18 units per acre through density bonuses for the provision of workforce housing. This currently proposed amendment is to permit a maximum total density of 24 units per acre for a development in the Infill Workforce Housing Area also zoned GC, whereas all other designations within the Infill Workforce Housing Overlay District would be limited to 18 units per acre. In addition, an FAR (Floor Area Ratio) for non - residential or mixed -use development within the GC zoning district will be established at a maximum of 0.75 within the Infill Workforce Planning and Zoning Board Memorandum Staff Report, February 25, 2014 Amendment to LDRs re: Workforce Housing for GC Zoned Property Page 2 .... .... .. ..... ... ... Housing Overlay District to retain the ability to incorporate some commercial development at a later date. The provision of an FAR is already established in the Comprehensive Plan. The amendment will also revise the applicable maps of LDR Section 4.7.1, Work-force Housing; Definitions, to specify 18 units per acre in the RM Zoning District and 24 units per acre in the GC Zoning District. The current maps only specify 18 units per acre, and do not differentiate between zoning districts. It is noted that the applicant has also submitted an amendment to the Future Land Use Element of the Comprehensive Plan to modify the description of the GC future land use designation and Policy A-7.2 of the Future Land Use Element to allow an increase in density to a maximum of 24 units per acre, and to decrease the FAR to 0.75 for lands zoned GC located within the Infill Workforce Housing Overlay District. This amendment is being reviewed concurrently with the subject LDR Amendment. It should also be noted that while the subject request is not property specific, the property at 2001 North Federal Highway is the only property to which the amendment is applicable at this time, as it is the only GC zoned property identified as an Infill Workforce Housing Area. The Applicant has indicated that the increased density is required to provide "sustainable development." Additionally, the required Workforce Housing Units would double from between 13 and 26 workforce units at a density of 18 units per acre to between 25 and 55 workforce units at a density of 24 units per acre. A complete copy of the justification for the request is provided as an attachment. The proposed LDR Amendment is now before the Board for consideration. LDR .AMENDMENT 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. The goals, objectives and policies of the Comprehensive Plan were reviewed and the following applicable objectives and policies were noted: Future Land Use Element 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. Future Land Use Element Policy A-7.1: 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 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. Future Land Use Element Obiective 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. Planning and Zoning Board Memorandum Staff Report, February 25, 2014 Amendment to LDRs re: Workforce Housing for GC Zoned Property Page 3 The increased density from 18 to 24 units per acre will substantially increase the amount of workforce housing provided while providing a more viable and sustainable use with additional residential units, as opposed to general commercial at the north end of the City. While commercial would still be permitted on the site (at an FAR of 0.75), it would be limited, and further incentivize the residential development and provision of vital workforce housing units. Future Land Use Element Policy C-1.4 The following pertains to the North Federal Highway Corridor. The North Federal Highway Corridor is defined as the area bounded by the FEC railroad right - of -way to the west, the easterly boundary of the CRA to the east, NE 4th Street to the south, and the north City limits to the north. Properties in the corridor that front on Federal Highway primarily contain small- scale, strip commercial development. Many parcels in the area contain vacant or dilapidated structures, substandard parking, and substandard landscaping. The area also contains residential areas identified as "Stabilization" and `Revitalization" on the Residential Neighborhood Categorization Map contained in the Housing Element. Many of the remaining parcels in the area are currently vacant. Due to those conditions, the North Federal Highway Corridor is hereby identified as a blighted area. The North Federal Highway Redevelopment Plan was approved by City Commission on March 16, 1999. The Plan identified the need for limited rezonings and LDR amendments, along with improvements necessary to accomplish certain redevelopment goals. Future development in the area must be in accordance with the provisions of the Redevelopment Plan. As previously indicated, the subject amendment is not property specific; however, only one property is zoned GC and is designated as an Infill Workforce Housing Area. Therefore, review of the subject Policy is also applicable as the parcel is located within the North Federal Highway Corridor which has been identified as a "blighted area." The subject amendment will assist in the revitalization of the corridor while providing an ample amount of residential development which will have the opportunity to provide Workforce Housing Units. Based on the above, the proposed amendment is consistent with the applicable Goals, Objectives and Policies of the Comprehensive Plan. Therefore, positive findings can be made with respect to LDR Section 2.4.5(M)(5). REVIEW BY OTHERS The Community Redevelopment Agency (CRA) reviewed the proposed amendment at its meeting of February 13, 2014 and recommended approval. Public Notices were sent out to all property owners within a 500' radius. Courtesy Notices were provided to the following homeowner and civic associations: Delray Citizens Coalition, Kokomo Key, Town of Gulfstream, and La Hacienda. Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. Planning and Zoning Board Memorandum Staff Report, February 25, 2014 Amendment to LDRs re: Workforce Housing for GC Zoned Property Page 4 RECOMMENDED. ACTION; Move a recommendation of approval to the City Commission for a privately- initiated amendment to Land Development Regulations by amending Section 4.4.9 "General Commercial', Subsection 4.4.9 (C) "Conditional Uses ", to allow a density up to a maximum of twenty -four (24) units per acre within the Infill Workforce Housing Area; creating Subsection 4.4.9(G)(5) "Infill Workforce Housing Overlay District" to establish a maximum Floor Area Ratio (FAR) of 0.75; amending Article 4.7 TamilylWorkforce Housing" Section 4.7.1 "Definitions" Subsection 4.7.1.1 "Infill Workforce Housing Area " and Section 4.7.4(g) to specify the maximum allowable density of 24 units per acre within the General Commercial zoning district.by adopting the findings of fact and law contained in the Staff Report and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M)(5). Prepared by: Amy E. Alvarez, Senior Planner Attachments: • Justification Statement • Draft Ordinance a N SUBJECT PROPERTY 2001 NORTH FEDERAL HWY PLANNING AND ZONING DEPARTMENT LOCATION MAP ORDINANCE NO. 08 -14 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS, BY AMENDING SECTION 4.4.9, "GENERAL COMMERCIAL (GC) DISTRICT", SUBSECTION (D }, "CONDITIONAL USES AND STRUCTURES A.I I OWED ", TO INCREASE DENSITY IN THE ENTILL WORIORCE HOUSING AREA TO A MAXIMUM OF 24 UNITS PER ACRE; AMENDING SUBSECTION (G), 'SUPPLEMENTAL EMRNIAL DI:SMCT REGULATIONS ", TO ADD 'JNFILL WORKFORCE HOUSING OVERLAY DFIRICT", TO PROVIDE AN FAR OF 0.75; AMENDING ARTICLE 4.7, "FAMILY WORKFORCE HOUSING", SUBSECTION 4.7.1, `T)EFI IITIONS ", SUBSE(:HON @, "INNIIT, WORKFORCE HOUSING AREA" TO AMEND MAPS TO INCREASE THE DENSITY IN THE GENERAL COMMERCIAL (GC) ZONING DISTRICT; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on XXX and voted to to approve the amendments; 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. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section L That Section 4.4.9, "General Commercial (GC) District ", Subsection 4.4.9(D) of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (D) Conditional Uses and Structures Allowed: The following are allowed as conditional uses within the GC District, except as modified in the North Federal Highway Overlay District by Section 4.4.9(G)(2) and except as modified in the Four Corners Overlay District by Section 4.4.9 (G) (3) (c). (1) Amusement game facilities. (2) Wash establishments or facilities for vehicles. (3) Child Care and Adult Day Care. (4) Clubs and Lodges; social, fraternal, and recreational not exceeding 3,500 sq. ft. of gross floor area. (5) Drive -in Theaters. (6) Flea Markets, bazaars, merchandise marts, and similar retail uses. (7) Funeral Homes. (8) Gasoline Stations or the dispensing of gasoline directly into vehicles. (9) Hotels and Motels. (10) Free - standing multiple- family housing, including residential licensed service provider facilities, subject to the requirements of the RM District except for setback and height requirements which shall be pursuant to this Section. (11) Recreational establishments such as bowling alleys, gymnasiums, health spas, miniature golf courses, skating rinks. (12) Sales and service of All Terrain Vehicles and personal watercraft (waverunners, jet skis), with no outside display, outside storage or outside service. (13) Multiple family residential development, including residential licensed service provider facilities and assisted living facilities, may exceed twelve (12) units per acre, up to a maximum of twenty --four (24) units per acre within the Infill Workforce Housing Area, subject to the provisions of Section 4.4.67, and Article 4.7, and subject to the requirements of the RM District except for setback and height requirements, which shall be pursuant to this Section. (14) Veterinary Clinics. (15) Group Home, Type 2 and Community Residential Homes, pursuant to restrictions set forth in Section 4.3.3(1). (16) Adult Gaming Centers. (17) Churches or places of worship, and their attendant Sunday school, recreational and columbarium facilities not exceeding 3,500 square feet of gross floor area. The foregoing does not allow establishment of educational and care uses such as elementary school and general day care. (18) Multiple family residential development, including residential licensed service provider facilities and assisted living facilities, may exceed twelve (12) units per acre, up to a maximum of eighteen (18) units per acre within the Infill Workforce Housing Area, subject to the provisions of Section 4.4.6(1), and Article 4.7, and subject to the requirements of the RM District except for setback and height requirements, which shall be pursuant to this Section. (19) Assisted Living Facilities, Nursing Homes, and Continuing Care Facilities subject to the requirements of the RM District except for setback and height requirements which shall be pursuant to this Section. (20) Large Family Child Care Home, subject to Section 4.3.3(M. Section 2. That Section 4.4.9, " General Commercial (GC) District ", Subsection 4.4.9(G)(5) of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: 2 ORD. NO. 08 -14 (G) Supplemental District Regulations: In addition to the supplemental district regulations set forth in Article 4.6, the following supplemental district regulations shall apply in the GC District. (1) The parking requirement for business and professional offices within that portion of the GC zoning district bounded by S.E. 5th Avenue on the west, S.E. 6th Avenue on the east, S.E. 4th Street on the north and S.E. 10th Street on the south is established at one (1) space pet 300 sq. ft. of net floor area. (2) North Federal Highway Overlay District: The following supplemental district regulations apply to the North Federal Highway Overlay District, as defined in Section 4.5.7. (a) In addition to the uses listed in 4.4.9(D), the following light industrial uses are allowed as conditional uses: 1. Fabrication and /or assembly of manufactured materials or parts for distribution or sale, such as sheet metal, sign shops, glass shops, electronics, cabinet and furniture making. 2. The wholesaling, storage and distribution of products and materials; 3. Self service storage facilities that comply with subsection (c) below. (b) All uses listed under subsection (a) above must: 1. Operate in conjunction with a permitted service or retail use that is located on the premises; 2. Maintain a commercial facade along North Federal Highway, with the light industrial aspect of the business oriented toward Dixie Highway; 3. Operate within an enclosed building, with no outside storage; 4. Orient overhead doors away from adjacent tights-of-way, except where existing, or where the approving body determines that it is not feasible to comply; and, 5. Along the property line adjacent to Dixie Highway, provide a landscape buffer consisting of a 4' high hedge, and trees planted 25 feet on center to form a solid tree line. (c) In addition to subsection (b) above, any self service storage facility shall comply with the following. The following regulations supersede Section 4.3.3(A). 1. Lot Area: The minimum lot area is 1.5 acres and the maximum lot area is 3 acres. 3 ORD. NO. 08 -14 2. Facilities and Requirements: a. Outdoor bay type access to individual self - storage units that face a street is prohibited. The exterior loading access points shall be designed in such a way to minimize sight lines from adjacent roads. b. No building shall exceed forty -eight feet (48') in height. c. Parking shall be provided at the rates set forth in Section 4.6.9 for the permitted service, office and retail uses and for self storage uses, parking shall be at a rate of one (1) parking space per 100 storage units or portion thereof, including: (a) a minimum of three (3) loading spaces for the self-service storage facility that must be striped and signed to limit the time for loading and unloading to one (1) hour; and in addition (b) three and one -half (3.5) spaces for each 1,000 square feet of accessory office use associated with the self - storage use. Notwithstanding the above, a minimum of five (5) parking spaces other than loading spaces shall be provided in connection with the self- storage use. d. At least 2,500 square feet of ground floor area shall be devoted to at least one additional principal retail or service use without limiting the foregoing. The additional principal uses may be eating and drinking establishments, retail or personal service. 3. Limitation of Uses: a. Activities not related to the rental or lease of self - storage units shall not be conducted within the self service storage facility area, unless specifically permitted through the conditional use process. b. Except as otherwise provided in subsection. (c), no business or activity other than self storage shall be conducted from any self- storage unit in the facility. Examples of prohibited uses include, but are not limited to the following: the servicing, repair and /or restoration of automobiles, boats, recreational vehicles, and /or restoration of automobiles, boats, recreational vehicles, la`vntnowers and the like; moving and self - storage companies; cabinet making and wood working (whether personal or professional); personal hobbies and arts and crafts; and any other activity unless specifically permitted through the conditional use process. 4 ORD. NO. 08 -14 c. Except as otherwise provided in this subsection (c), there shall be no electrical power provided to, or accessible from any individual self - storage units. This includes the provision of lighting fixtures to the interior of a self - storage unit, unless specifically addressed in the conditional use approval. The use of portable generators is also prohibited. d. The use or storage of any hazardous materials is prohibited. e. the terms and conditions of this section shall be clearly expressed in all self storage rental or leasing contracts, as well as conspicuously displayed in plain view on a sign no smaller than one foot (l') by two feet (2') in the leasing office at the facility. 4. On -Site Manager: An on -site manager shall be employed at the facility during all hours of operation. 5. Hours of Operation: Customers of the self service storage facility may not access individual self storage units before 5:00 a.m. or any later than 9:00 p.m. Hours of operation may be further restricted when it is deemed that morning and evening traffic into and out of the facility may negatively impact the character of an adjacent residential area. In no circumstance shall customers of any self service storage facility have 24 hour access to their self - storage unit(s). 6. Landscape Requirements: In addition to all applicable landscape requirements and other special provisions pursuant to the individual zone district, a minimum ten foot (10') landscape buffer shall be required adjacent to Federal Highway and Dixie Highway and a minimum five foot (5') landscape buffer shall be required along all property lines that do not abut a roadway. 7. Outdoor Storage of vehicles, Boats & Truck Rental: Outdoor storage of boats and vehicles and truck rental is prohibited. 8. Architecture: All self service storage facility buildings must comply with the following architectural standards. a. Building facades visible from the public right -of- -way shall have the appearance of a service and /or retail building through the use of doors, windows, awnings, and other appropriate building elements. b. Exterior building material shall be stucco or a similar material. 5 ORD. NO. 08-14 c. Buildings that can accommodate two or more stories shall be designed where facing a street to have the appearance of a multi- story building through the use of windows, doors, awnings, canopies or other appropriate building elements. d. Building facades facing a public right- of-way must have a 15% minimum transparency consisting of windows that provide visibility from the public right -of -way from the interior. e. Detailed building elevations shall be submitted prior to the Conditional Use public hearing. 9. Location: A self service storage facility shall not be located within a radius of 1,000 feet of another existing self service storage facility. (3) Four Corners Overlay District: The following supplemental district regulations apply to the Four Cornets Overlay District, as defined in Section 4.5.14. (a) The permitted uses shall be those uses listed in Sections 4.4.9 (B) (1,2,4,5). (b) The accessory uses shall be those uses listed in Section (C). (c) The conditional uses shall be those uses listed in Sections (D) ( 2, 3, 9, 11, 14, 19, and 20). (d) Standards Pertaining to Allocation of Uses: 1. Office uses can encompass up to one hundred percent (100 %) of the total building square footage within a Four Corners Overlay master development plan. 2. Retail uses shall not encompass more than one hundred percent (100 0/0) of the total building area square footage of the Four Corners Overlay master development plan. 3. Hotels, motels, and residential all suite lodging shall not encompass more than 20% of the total building area square footage of the Four Corners Overlay master development plan. Notwithstanding the above, hotels, motels and residential all suite lodging can comprise 100% of the floor area of an individual building within a MDP containing multiple buildings. 4. Multi - family Dwelling Units: Multi - family uses and assisted living facilities, but excluding duplexes subject to (a) (b) (c) (d) (e) below, ranging in density not to exceed 30 units per acre subject to the following: 6 ORD. NO. 08 -14 a. Residential units may comprise 75% of the total floor area of the development master plan at a maximum density of (30) units per acre and only when proposed as part of a mixed -use development containing office and /or commercial uses. b. Residential developments must include a minimum of 20% workforce units consisting of moderate income workforce units as defined by Article 4.7 Family /Workforce Housing. c. Workforce units shall be subject to general provisions of Article 4.7.6, 4.7.7, 4.7.8, 4.7.9, and 4.7.10. d. For mixed -use developments, the shared parking provisions of LDR Section 4.6.9. (C) (8) shall be allowed. e. All residential developments shall be subject to the Performance Standards of 4.4.13(1)(2) (e) Standards Unique to the Four Corners Overlay District: Where standards unique to the Four Corners Overlay District conflict with standards contained elsewhere in the zoning, subdivision, and landscape codes, the standards of this Subsection shall apply: 1. Lot Coverage & Open Space: a. Land area equal to at least 25% of the individual Four Corners Overlay District Master Development Plan NDP) including the perimeter landscaped boundary, shall be in open space. Water bodies and paved areas shall not be included in the meeting of this 25% open space requirement. 2. Minimum Structure Size: Any free - standing non - residential principal structure shall have a minimum floor area of 4,000 square feet; shall be architecturally consistent with other structures in the master development plan; and shall have direct access to and from other portions of the Four Corners Overlay development. 3. Office and Commercial Floor Heights shall be a minimum of twelve feet (12') floor to floor on the first floor and ten (10') floor to floor on all floors above. Residential uses shall have a minimum nine feet (9') floor to floor on all floors. Hotel, motel and residential all suite lodging shall have a minimum of eight feet six inches (8' 6 ") floor to floor on all floors. Auxiliary and service rooms, such as, garages, restrooms, closets, 7 ORD. NO. 08 -14 laundry rooms, dressing rooms, storage rooms, mechanical, electrical, and plumbing equipment rooms are exempted from the floor height regulations. (4) Lintco Development Overlay District: Within the Lintco Development Overlay District, as defined by Section 4.5.19(A), non - residential development intensity in non- residential or mixed -use developments shall be limited to a maximum Floor Area Ratio (FAR) of 0.36. 2 Infill Workforce Housing Overlay District: Within the Infill Workforce Housin-g Overlay District�as defined by Section 45.12 non -- residential development intensity in non- residential or mixed use developments shall be limited to a maximum Floor Area Ratio {FAR) of 0. 75. Section 3. That Section 4.7, "Family Workforce Housing ", Subsection 4.7.1(1), of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same hereby amends the maps to increase the density in the GC zoning district to twenty-four (24) units per acre as attached as Exhibit A herein. 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 upon its adoption on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of 2014. MAYOR ATTEST: City Clerk First Reading Second Reading 8 ORD. NO. 08-14 Overview of the Proposed Amendments: In addition to conditional use approvals, site plan approval and a replat of the property, it is noted that separate LDR and Comprehensive Plan text amendments are being processed concurrently with these applications to increase the maximum potential residential density and decrease the maximum potential nonresidential intensity on the subject property. The property, which is located within the Infill Workforce Housing Area, has a maximum density of 18 units per acre with the provision of workforce housing within the project. The proposed text amendments increase the maximum residential density from 18 to 24 units per acre, which allows an additional 51 units and a total of 205 units on the subject property. Although no commercial development is planned in the proposed Delray Preserve project, the ability to incorporate some commercial development at a later date has been retained within the text amendments, but has been significantly reduced from the current maximum nonresidential FAR of 3.0 within the General Commercial FLUM designation to 0.75 on the subject property. The effect of this change is to reduce the maximum development potential of the property. Beginning in 2004, the City has made provisions to allow increased residential densities in workforce housing overlay districts with the requirement that developments include a workforce housing component. Two of these overlay districts include properties within the Federal Highway corridor. The Silver Terrace Overlay District, which is located on South Federal Highway, adjacent to the Plaza at Delray, has a maximum density of 22 units per acre. This property was subsequently developed as "The Franklin" apartment complex. The Infill Workforce Housing Area was created to allow increased density in all areas within the RM (Residential Medium Density) zoning district which lie east of Interstate 95 and not within the Coastal High Hazard Area. One additional area in the General Commercial zoning district was included within the overlay to encourage redevelopment of the "Delray's Lost Drive -in" property —a former swap shop located on the subject property. No other General Commercial property is included in the Infill Workforce Housing Area. Free - standing multi - family residential developments are allowed as a conditional use in the GC (General Commercial) Zoning District subject to the requirements of the RM District except for setback and height requirements which are pursuant to the GC District. Residential density may be increased with conditional use approval within the Infill Workforce Housing Area, subject to the performance standards of Section 4.4.6(1) and the workforce housing provisions of Article 4.7. The actual density of a particular development is based upon its ability to achieve certain performance standards which are intended to mitigate the impacts of the increased density and ensure that the project is compatible with surrounding land uses. Within the Infill Workforce Housing Area, the actual density is also based upon the number and affordability level of the workforce units being provided. Background of the Property: The property was developed as a drive -in theater in 1957, under Palm Beach County jurisdiction. The drive -in theater continued to operate until the late 1970s, at which time it was converted to a flea market. On January 11, 1994, the City Commission approved an interlocal agreement with Palm Beach County for the annexation of the North Federal Highway enclaves, including the Swap Shop. Annexation of the Swap Shop property with a zoning of General Commercial was approved by the City Commission on May 17, 1994. On November 22, 1997, a planning charrette was held to determine the redevelopment direction for the North Federal Highway corridor. The concept for redevelopment of the Swap Shop property included locating buildings closer to North Federal Highway and creation of a marketplace plaza. As a participant of the charrette, the owner of the Swap Shop incorporated these suggestions into a major redevelopment effort known as Delray's Lost Drive -in. Phase One of the redevelopment was completed in 1999 and included a large metal building to house vendors indoors. Phases Two and Three, which would have included two new buildings adjacent to Federal Highway with a secondary plaza between the buildings, were never constructed. Delray's Lost Drive -in operated until 2006 when the property was sold to a developer to construct a mixed -use development know as Village Parc. The new development proposal included 104 townhouse units as a stand -alone residential component along the eastern portion of the site. The western portion along Federal Highway was to contain three buildings (two mixed -use and one office building). Overall, the project was to include 134 residential units, 15,338 square feet of retail uses and 6,825 square feet of office. Of the thirty (30) residential units within the mixed use buildings, fifteen (15) units were to be designated as "affordable workforce housing ". Two Conditional Uses for the project were approved by the City Commission on May 2, 2006. The first was to allow a freestanding residential development in the General Commercial zoning district and the second was to allow a density in excess of twelve (12) units per acre, subject to the provisions of Article 4.7 "Family Workforce Housing ". The site plan for the project was approved by SPRAB on May 24, 2006. The buildings for Delray's Lost Drive -in were demolished in preparation of development of Village Parc, but when the economy downturned, the project was put on hold and then finally canceled when the development approvals lapsed. The current proposal for the property includes a free- standing residential development with 205 one, two and three - bedroom apartments. The Delray Preserve project is comprised of seven garden style 3 -story apartment buildings, one 4 -story apartment building and a 1- story clubhouse. Some units within the buildings have garages. In the 3 story buildings there are a total of 26 units with one car garages and 4 units with 2 car garages. The 4 story building has 16 units with one car garages. Many amenities will be provided, including a clubhouse with an entertainment kitchen, a resort style pool with resident cabana and BBQ area, a membership quality fitness center, a screening room and E- lounge and a tot lot to name a few. Justification of Text Amendments: Although the proposed Comprehensive Plan amendment does not involve a change in the Future Land Use Map (FLUM) designation, it does affect the future land use and overall development potential of the property. Therefore a justification for the proposed text amendments has been provided below in context with meeting the requirements of Future Land Use Element Policy A -1.7. Future Land Use Element Policy A -1.7: Amendments to the Future Land Use Map (FLUM) must be based upon the findings listed below, and must be supported by data and analysis that demonstrate compliance with these findings: + 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 Page 2 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. Following the economic downturn which began in 2008, a mixed -use development project like Village Parc is no longer economically feasible under the current economic climate, and while a residential apartment project like Delray Preserve is feasible, it will require a higher density than currently permitted on the property to be a sustainable development. The proposed Comprehensive Plan and LDR text amendments to increase the density necessary to support the Delray Preserve project are consistent with Future Land Use Element Objective A -7 and Policy A -7.1 of the Comprehensive Plan which encourage the provision of workforce housing units by permitting higher density residential development. Future Land Use Element 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. Future Land Use Element Policy A -7.9: 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 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. Depending on the affordability level of the workforce units (very low to moderate income) being provided under the provisions of the Workforce Housing Program, between 13 and 26 workforce units must be provided to permit a density of 18 units per acre. With the proposed text amendments, at 24 units per acre, the number of required workforce units would double to between 25 and 52. There is precedent to support this increased density since higher densities are already permitted in other workforce housing overlay districts with 22 units per acre permitted in the Silver Terrace Courtyards overlay district, 24 units per acre permitted in the Southwest Neighborhood, Carver Estates and I- 95 /CSX RR Corridor overlay districts, 30 units per acre permitted in the Four Corners overlay district, and 40 to 50 units per acre permitted in the MROC zoning district. When the Family /Workforce Housing Ordinance was originally conceived in 2004, there was a severe shortage of housing in the City that was affordable to the everyday working families and citizens of the City. The City Commission recognized that the need to provide workforce housing was critical to maintaining a diversified and sustainable City having the character and sense of a community where people can live and work in the same area. During the recession, housing prices dropped substantially and affordability became less of an issue, but as the housing market has been recovering in the City and home prices are again increasing, it is important to get as many units as possible into Page 3 the workforce housing program so that affordable units will remain available in the long term (40 years under the program). The size of the subject property and its location on North Federal Highway makes it an ideal location for a higher density residential project. Development of a large commercial project is more difficult on the property since it is not located at the intersection of two roadways and the traffic on North Federal Highway is relatively low for a four lane arterial roadway. Additionally, the close proximity of the Central Business District makes this area better suited to support downtown commercial development than to compete with it. Consistency -- The requested designation is consistent with the goals, objectives and policies of the most recently adopted Comprehensive Plan. In addition to the Objective and Policy related to workforce housing discussed above, a review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable Objective and Policy were noted: Future Land Use Element ONective A -9: 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 which has supported several land uses including the former Swap Shop Flea Market and past drive -in theater use for decades. The property is bordered on the north side by AC (Automotive Commercial zoning, on the south by RM (Medium Density Residential), on the west by GC (General Commercial) zoning, and on the east by the Town of Gulf Stream. The adjacent land uses include the Autonation Volvo dealership to the north, Kokomo Key Townhomes (developed at 11.97 units per acre) to the south, several retail commercial uses to the west across Federal Highway, and a Florida Inland Navigation District tract used for spoil disposal resulting from maintenance of the Intracoastal Waterway to the east. The higher density development proposed will be compatible with all of these uses. Redevelopment of the corridor has been going slowly since adoption of the North Federal Highway Redevelopment Plan, and most of the development on the east side of Federal Highway has been primarily residential, including "The Estuary" and "Old Palm Grove ". The most recent project, St. George, an 11.88 unit per acre townhouse development, was just approved by SPRAB on December 18, 2013. In addition to providing needed workforce housing, the proposed higher density residential development will add to the customer base for existing commercial uses along North Federal Highway and aid in the redevelopment of this corridor. It will also support retail and services provided in the Central Business District. Future Land Use Element Policy C -9.4 The following pertains to the North Federal Highway Corridor. The North Federal Highway Corridor is defined as the area bounded by the FEC railroad right-of-way to the west, the easterly boundary of the CRA to the east, NE 4th Street to the south, and the north City limits to the north. Page 4 Properties in the corridor that front on Federal Highway primarily contain small- scale, strip commercial development. Many parcels in the area contain vacant or dilapidated structures, substandard parking, and substandard landscaping. The area also contains residential areas identified as "Stabilization" and "Revitalization" on the Residential Neighborhood Categorization Map contained in the Housing Element Many of the remaining parcels in the area are currently vacant. Due to those conditions, the North Federal Highway Corridor is hereby identified as a blighted area. The North Federal Highway Redevelopment Plan was approved by City Commission on March 16, 1999. The Plan identified the need for limited rezonings and LDR amendments, along with improvements necessary to accomplish certain redevelopment goals. Future development in the area must be in accordance with the provisions of the Redevelopment Plan. The goals of the Redevelopment Plan are to improve the appearance of the area and to stimulate the revitalization of the North Federal Highway corridor by encouraging new development, including additional residential development in the area. The Plan states that it should be the private sector rather than the public sector that is the driving force behind the redevelopment initiative on North Federal Highway, with the role of the public sector to provide direction, remove obstacles, and promote the area. Although the Redevelopment Plan assumed that the Swap Shop would remain on the subject property, its removal has left a void in this part of the corridor that must be filled. The Plan states that North Federal Highway should not compete with Atlantic Avenue, but compliment it by becoming a "workplace" with office buildings and light - industrial uses as opposed to boutiques and specialty shops. light industrial uses are permitted in an overlay district on the west side of Federal Highway and office development is now being promoted by the City downtown and in the Congress Avenue corridor. The size and location of the property is not conducive to development of a large retail center. The property is not located at a major intersection and the traffic on North federal Highway is too low to sustain a large center. By creating a freestanding residential project on the subject property, competition with the downtown is avoided and the higher density residential development will help to fulfill the goal of the plan to promote revitalization by stimulating related commercial development on the smaller parcels along the corridor by creating demand for goods and services in the immediate area. Based upon the above, the redevelopment of the subject property will be complimentary to adjacent land uses and will fulfill remaining land use needs. Therefore, a positive finding can be made that the amendments are consistent with and further the Goals, Objectives, and Policies of the Comprehensive. • Concurrency -- Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. The concurrency analysis assumes redevelopment of the property at the maximum intensity allowed under the amended description for the General Commercial designation. As shown on the following table, since the maximum nonresidential FAR is being reduced from 3.0 to 0.75, development under the new provisions would result in a reduction in nonresidential building area. The maximum development potential with the proposed amendment would be a mixed -use project with residential development at 24 units per acre and retail development at an FAR of 0.75. Therefore, the amendment will result in an increase in residential development potential and a reduction in maximum nonresidential potential from what is currently permitted within this portion of the Infill Page 5 Workforce Housing Area A comparative analysis of the maximum development potential of the property has been provided below to support this conclusion. Table 1; Maximum Development Potential Mixed -Use Mixed -Use GC 1,119,928 SF Retail (FAR 3.0) GC 279,981 SF Retail (FAR 0.75) (8.57 acres) 154 Multi - Family Residential Units (8.57 acres) 205 Multi - Family Residential Units (18 units per acre) (24 units per acre) Traffic: An analysis of the traffic impacts associated with the maximum development potential of a mixed -use development on the property was conducted. Since the increased residential development (due to the density increase) generates less traffic than the eliminated retail uses (due to the decreased FAR), the new land use mix would represent a net reduction in potential traffic volumes of 17,275 trips with comparable reductions in AM and PM peak hour traffic. As noted earlier, this analysis is a comparison of the traffic generation at the maximum development potential of the property before and after the proposed text amendments. It is does not represent the actual traffic generated by the proposed Delray Preserve project, which does not include retail development. A letter from Palm Beach County Traffic Division indicating that the project meets the traffic performance standards of Palm Beach County is required prior to approval (certification) of the related site plan. Table 2; Trip Generation Comparison Maximum Development Potential Land Use Inten §ity 'Daily, Y A{UI "Peak;Mour PM.P ®akHoue Total : {n Out = Total_< In .. Oita Existing Future Land Use General Commercial (FAR 3.0) 1,119,928 32,652 1,120 683 437 3,210 1,541 11#k Residential Apartments (18 du /ac) 154 1,078 79 16 63 95 62 33 Existing FLU Trips 33,730 1,199 699 500 3,305 1,603 #ktik# Less Pass -by Traffc General Commercial 17.88% (5,840) (200) (122) (78) 1 (574) (276) (298) Existing FLU External Trips 27,890 999 577 422 2,731 1,327 #### Proposed Future Land Use General Commercial (FAR 0.75) 279,981 13,261 280 171 109 1,268 609 659 Residential Apartments (24 dulac) 205 1,435 104 21 63 127 83 44 Proposed FLU Trips 14,696 384 192 192 1,395 692 703 Less Pass -by Traffic General Commercial 30.78% (4,081) (85) (53) (34) (390) (187) (203) Proposed FLU External Trips 10,615 298 139 156 1,005 505 500 Net New External Trips (Proposed - Existing) (17,275) (701) (438) (264) (1,726) (B22) (904) Trip Generation rates from Palm Beach County Page 6 Water & Wastewater: Water and Wastewater service are both available to the property through connection to existing mains along North Federal Highway. Water treatment is provided by the City of Delray Beach at the Water Treatment Plant. The geographic service area coincides with the Planning Area plus service provided to the Town of Gulf Stream through contract as a bulk customer. The service area encompasses approximately 18 square miles. The treatment plant, with a capacity of 28 million gallons per day, was constructed in 1972 and has a programmed life of 50 years (2022). Wastewater from the City is treated at the South County Regional Wastewater Treatment' Plant ( SCRWWTP), which is managed by the South Central Regional Wastewater Treatment and Disposal Board, established in 1974 through an agreement between the cities of Delray Beach and Boynton Beach. The wastewater treatment plant was constructed in 1979, with a programmed life of 50 years (2029). The Comprehensive Plan indicates that the current plant has adequate capacity to service the City's project population beyond the year 2025. The SCRWWTP has the capacity to provide up to 24 mgd of reclaimed - quality water. This capacity is shared equally between Boynton Beach and Delray Beach. In 2003, the City developed a Reclaimed Water Master Plan, which identified 16 areas for reclaimed water application. Through the use of reclaimed water, the City's 20 -Year Water Supply Facilities Work Plan indicates that water supply facilities are planned and will be available to meet the future growth and water demands of the City of Delray Beach through the year 2030. Since adequate capacity is available in the City's water and wastewater systems to meet the demand, the proposed text amendments will not impact the level of service standard for these facilities. Drainage: The adopted LOS standards for drainage is the SFWMD standard of retention of the first one inch of runoff or 2.5 inches of water storage times the percentage of impervious area. Local and City -wide drainage deficiencies are identified in the Stormwater Master Plan (Kimley -Horn, 2000). The City has programmed projects to correct the deficiencies identified in this report and achieve the Level of Service standard. Public Facilities Element Objective E -1 states: A capital improvement program directed specifically to storm drainage and runoff management has been adopted by the City Commission, and capital projects, as identified in that program, are implemented with funding from the Stormwater Utility Fee. The additional impervious area for residential units and parking area as a result of the text amendments to increase the density from 18 to 24 units per acre will not negatively impact the LOS standard for drainage on the property or the surrounding area. There are no problems anticipated with obtaining South Florida Water Management District permits within the area, since the amount of impervious area is being reduced compared to the former swap shop development. "Delray's Lost Drive -in" was substantially paved with only 103% open space, while the proposed Delray Preserve project has 26% open space. Drainage will be accommodated on site via an exfiltration trench system on the property. Page 7 Parks & Recreation The Open Space and Recreation Element of the City's Comprehensive Plan indicates in its conclusion that "The City will have sufficient recreation facilities at build -out 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. The proposed additional units will not have a significant impact with respect to level of service standards for parks and recreation facilities. However, pursuant to LDR Section 5.3.2, whenever a development is proposed upon land which is not designated for park purposes in the Comprehensive Plan, an in -lieu fee of $500.00 per dwelling unit will be collected prior to issuance of building permits for each unit. Thus, an in -lieu fee of $102,500 will be required of this development. Education (School Concurrency): School concurrency is addressed with all proposals for residential development. A request for concurrency determination will be submitted to the Palm Beach County School District as part of the Site Plan review process. A formal determination by the School District is required prior to approval (certification) of the related site plan. Solid Waste: As shown on the following table, with the proposed text amendments, the maximum development of the property would result in a net decrease of 73% or 4,527 tons in annual solid waste generation. The Solid Waste Authority has indicated that its facilities have sufficient capacity to accommodate all development proposals until 2046. Table 3: Solid Waste Generation Maximum Development Potential Existing : Maximum D eu I oprnent Pot e l Proposed Mixed U?e Maximam Development Poierttial 1,119,928 SF Retail @ 10.2 Ibslsf = 5,712 tonslyr 154 MF Units @.52 tons/year = 80 tonslyr 279,981 SF Retail @10.2 Ibslsf = 1,428 tons/year 205 MF Units @ ,52 tonslyear = 107 tons/year Based on the above analysis, positive findings can be made at this time with regard to concurrency for all services and facilities. • Compatibility -- The requested designation will be compatible with the existing and future land uses of the surrounding area. As noted earlier in this paper, the proposed residential development with the text amendments is compatible with the surrounding neighborhood, which consists primarily of commercial development to the north and west, residential townhouse development to the south, and a F.I.N.D. spoil area to the east. The proposed development, with its increase in density from 18 to 24 units per acre is compatible with the existing and future land uses of the surrounding area, and a positive finding with respect to compatibility can be made. Page 8 • Compliance -- Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. Compliance with the Land Development Regulations will be evaluated by the City during review of the conditional use and site plan requests. Following City review, any deficiencies will be corrected or relief will be sought. Page 9 Overview of the Proposed Amendments: In addition to conditional use approvals, site plan approval and a replat of the property, it is noted that separate LDR and Comprehensive Plan text amendments are being processed concurrently with these applications to increase the maximum potential residential density and decrease the maximum potential nonresidential intensity on the subject property. The property, which is located within the Infill Workforce Housing Area, has a maximum density of 18 units per acre with the provision of workforce housing within the project. The proposed text amendments increase the maximum residential density from 18 to 24 units per acre, which allows an additional 51 units and a total of 205 units on the subject property. Although no commercial development is planned in the proposed Delray Preserve project, the ability to incorporate some commercial development at a later date has been retained within the text amendments, but has been significantly reduced from the current maximum nonresidential FAR of 3.0 within the General Commercial FLUM designation to 0.75 on the subject property. The effect of this change is to reduce the maximum development potential of the property. Beginning in 2004, the City has made provisions to allow increased residential densities in workforce housing overlay districts with the requirement that developments include a workforce housing component. Two of these overlay districts include properties within the Federal Highway corridor. The Silver Terrace Overlay District, which is located on South Federal Highway, adjacent to the Plaza at Delray, has a maximum density of 22 units per acre. This property was subsequently developed as "The Franklin" apartment complex. The Infill Workforce Housing Area was created to allow increased density in all areas within the RM (Residential Medium Density) zoning district which lie east of Interstate 95 and not within the Coastal High Hazard Area. One additional area in the General Commercial zoning district was included within the overlay to encourage redevelopment of the "Delray's Lost Drive -in" property —a former swap shop located on the subject property. No other General Commercial property is included in the Infill Workforce Housing Area. Free - standing multi - family residential developments are allowed as a conditional use in the GC (General Commercial) Zoning District subject to the requirements of the RM District except for setback and height requirements which are pursuant to the GC District. Residential density may be increased with conditional use approval within the Infill Workforce Housing Area, subject to the performance standards of Section 4.4.6(1) and the workforce housing provisions of Article 4.7. The actual density of a particular development is based upon its ability to achieve certain performance standards which are intended to mitigate the impacts of the increased density and ensure that the project is compatible with surrounding land uses. Within the Infill Workforce Housing Area, the actual density is also based upon the number and affordability level of the workforce units being provided. Background of the Property: The property was developed as a drive -in theater in 1957, under Palm Beach County jurisdiction. The drive -in theater continued to operate until the late 1970s, at which time it was converted to a flea market. On January 11, 1994, the City Commission approved an interlocal agreement with Palm Beach County for the annexation of the North Federal Highway enclaves, including the Swap Shop. Annexation of the Swap Shop property with a zoning of General Commercial was approved by the City Commission on May 17, 1994. On November 22, 1997, a planning charrette was held to determine the redevelopment direction for the North Federal Highway corridor. The concept for redevelopment of the Swap Shop property included locating buildings closer to North Federal Highway and creation of a marketplace plaza. As a participant of the charrette, the owner of the Swap Shop incorporated these suggestions into a major redevelopment effort known as Delray's Lost Drive -in. Phase One of the redevelopment was completed in 1999 and included a large metal building to house vendors indoors. Phases Two and Three, which would have included two new buildings adjacent to Federal Highway with a secondary plaza between the buildings, were never constructed. Delray's Lost Drive -in operated until 2006 when the property was sold to a developer to construct a mixed -use development know as Village Parc. The new development proposal included 104 townhouse units as a stand -alone residential component along the eastern portion of the site. The western portion along Federal Highway was to contain three buildings (two mixed -use and one office building). Overall, the project was to include 134 residential units, 15,338 square feet of retail uses and 6,825 square feet of office. Of the thirty (30) residential units within the mixed use buildings, fifteen (15) units were to be designated as "affordable workforce housing ". Two Conditional Uses for the project were approved by the City Commission on May 2, 2006. The first was to allow a freestanding residential development in the General Commercial zoning district and the second was to allow a density in excess of twelve (12) units per acre, subject to the provisions of Article 4.7 "Family Workforce Housing ". The site plan for the project was approved by SPRAB on May 24, 2006. The buildings for Delray's Lost Drive -in were demolished in preparation of development of Village Parc, but when the economy downturned, the project was put on hold and then finally canceled when the development approvals lapsed. The current proposal for the property includes a free - standing residential development with 205 one, two and three - bedroom apartments. The Delray Preserve project is comprised of seven garden style 3 -story apartment buildings, one 4 -story apartment building and a 1- story clubhouse. Some units within the buildings have garages. In the 3 story buildings there are a total of 26 units with one car garages and 4 units with 2 car garages. The 4 story building has 16 units with one car garages. Many amenities will be provided, including a clubhouse with an entertainment kitchen, a resort style pool with resident cabana and BBQ area, a membership quality fitness center, a screening room and E- lounge and a tot lot to name a few. Justification of Text Amendments: Although the proposed Comprehensive Plan amendment does not involve a change in the Future Land Use Map (FLUM) designation, it does affect the future land use and overall development potential of the property. Therefore a justification for the proposed text amendments has been provided below in context with meeting the requirements of Future Land Use Element Policy A -1.7. Future Land Use Element Policy A -1.7: Amendments to the Future Land Use Map (FLUM) must be based upon the findings listed below, and must be supported by data and analysis that demonstrate compliance with these findings: • 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 Page 2 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. Following the economic downturn which began in 2008, a mixed -use development project like Village Parc is no longer economically feasible under the current economic climate, and while a residential apartment project like Delray Preserve is feasible, it will require a higher density than currently permitted on the property to be a sustainable development. The proposed Comprehensive Plan and LDR text amendments to increase the density necessary to support the Delray Preserve project are consistent with Future Land Use Element Objective A -7 and Policy A -7.1 of the Comprehensive Plan which encourage the provision of workforce housing units by permitting higher density residential development. Future Land Use Element Obiective A -7: To encourage the provision of workforce housing and transit - oriented workforce residential development in the City, the following policies shall be implemented. Future Land Use Element Policy A -7.1: 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 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. Depending on the affordability level of the workforce units (very low to moderate income) being provided under the provisions of the Workforce Housing Program, between 13 and 26 workforce units must be provided to permit a density of 18 units per acre. With the proposed text amendments, at 24 units per acre, the number of required workforce units would double to between 25 and 52. There is precedent to support this increased density since higher densities are already permitted in other workforce housing overlay districts with 22 units per acre permitted in the Silver Terrace Courtyards overlay district, 24 units per acre permitted in the Southwest Neighborhood, Carver Estates and I- 95/CSX RR Corridor overlay districts, 30 units per acre permitted in the Four Corners overlay district, and 40 to 50 units per acre permitted in the MROC zoning district. When the Family/Workforce Housing Ordinance was originally conceived in 2004, there was a severe shortage of housing in the City that was affordable to the everyday working families and citizens of the City. The City Commission recognized that the need to provide workforce housing was critical to maintaining a diversified and sustainable City having the character and sense of a community where people can live and work in the same area. During the recession, housing prices dropped substantially and affordability became less of an issue, but as the housing market has been recovering in the City and home prices are again increasing, it is important to get as many units as possible into Page 3 the workforce housing program so that affordable units will remain available in the long term (40 years under the program). The size of the subject property and its location on North Federal Highway makes it an ideal location for a higher density residential project. Development of a large commercial project is more difficult on the property since it is not located at the intersection of two roadways and the traffic on North Federal Highway is relatively low for a four lane arterial roadway. Additionally, the close proximity of the Central Business District makes this area better suited to support downtown commercial development than to compete with it. Consistency -- The requested designation is consistent with the goals, objectives and policies of the most recently adopted Comprehensive Plan. In addition to the Objective and Policy related to workforce housing discussed above, a review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable Objective and Policy were noted: Future Land Use Element Obiective 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. There are no significant environmental characteristics to the subject property which has supported several land uses including the former Swap Shop Flea Market and past drive -in theater use for decades. The property is bordered on the north side by AC (Automotive Commercial zoning, on the south by RM (Medium Density Residential), on the west by GC (General Commercial) zoning, and on the east by the Town of Gulf Stream. The adjacent land uses include the Autonation Volvo dealership to the north, Kokomo Key Townhomes (developed at 11.97 units per acre) to the south, several retail commercial uses to the west across Federal Highway, and a Florida Inland Navigation District tract used for spoil disposal resulting from maintenance of the Intracoastal Waterway to the east. The higher density development proposed will be compatible with all of these uses. Redevelopment of the corridor has been going slowly since adoption of the North Federal Highway Redevelopment Plan, and most of the development on the east side of Federal Highway has been primarily residential, including "The Estuary" and "Old Palm Grove ". The most recent project, St. George, an 11.88 unit per acre townhouse development, was just approved by SPRAB on December 18, 2013. In addition to providing needed workforce housing, the proposed higher density residential development will add to the customer base for existing commercial uses along North Federal Highway and aid in the redevelopment of this corridor. It will also support retail and services provided in the Central Business District. Future Land Use Element Policy C -1.4 The following pertains to the North Federal Highway Corridor. The North Federal Highway Corridor is defined as the area bounded by the FEC railroad right -of -way to the west, the easterly boundary of the CRA to the east, NE 4th Street to the south, and the north City limits to the north. Page 4 Properties in the corridor that front on Federal Highway primarily contain small - scale, strip commercial development. Many parcels in the area contain vacant or dilapidated structures, substandard parking, and substandard landscaping. The area also contains residential areas identified as "Stabilization" and "Revitalization" on the Residential Neighborhood Categorization Map contained in the Housing Element. Many of the remaining parcels in the area are currently vacant. Due to those conditions, the North Federal Highway Corridor is hereby identified as a blighted area. The North Federal Highway Redevelopment Plan was approved by City Commission on March 16, 1999. The Plan identified the need for limited rezonings and LDR amendments, along with improvements necessary to accomplish certain redevelopment goals. Future development in the area must be in accordance with the provisions of the Redevelopment Plan. The goals of the Redevelopment Plan are to improve the appearance of the area and to stimulate the revitalization of the North Federal Highway corridor by encouraging new development, including additional residential development in the area. The Plan states that it should be the private sector rather than the public sector that is the driving force behind the redevelopment initiative on North Federal Highway, with the role of the public sector to provide direction, remove obstacles, and promote the area. Although the Redevelopment Plan assumed that the Swap Shop would remain on the subject property, its removal has left a void in this part of the corridor that must be filled. The Plan states that North Federal Highway should not compete with Atlantic Avenue, but compliment it by becoming a "workplace" with office buildings and light- industrial uses as opposed to boutiques and specialty shops. Light industrial uses are permitted in an overlay district on the west side of Federal Highway and office development is now being promoted by the City downtown and in the Congress Avenue corridor. The size and location of the property is not conducive to development of a large retail center. The property is not located at a major intersection and the traffic on North federal Highway is too low to sustain a large center. By creating a freestanding residential project on the subject property, competition with the downtown is avoided and the higher density residential development will help to fulfill the goal of the plan to promote revitalization by stimulating related commercial development on the smaller parcels along the corridor by creating demand for goods and services in the immediate area. Based upon the above, the redevelopment of the subject property will be complimentary to adjacent land uses and will fulfill remaining land use needs. Therefore, a positive finding can be made that the amendments are consistent with and further the Goals, Objectives, and Policies of the Comprehensive. • Concurrency -- Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. The concurrency analysis assumes redevelopment of the property at the maximum intensity allowed under the amended description for the General Commercial designation. As shown on the following table, since the maximum nonresidential FAR is being reduced from 3.0 to 0.75, development under the new provisions would result in a reduction in nonresidential building area. The maximum development potential with the proposed amendment would be a mixed -use project with residential development at 24 units per acre and retail development at an FAR of 0.75. Therefore, the amendment will result in an increase in residential development potential and a reduction in maximum nonresidential potential from what is currently permitted within this portion of the Infill Page 5 Workforce Housing Area. A comparative analysis of the maximum development potential of the property has been provided below to support this conclusion. Table 1: Maximum Development Potential EXISTING PROPOSED FLUM Maximum Development Potential FLUM Maximum Mixed Use (acres) Trips (acres) Development Potential Mixed -Use Mixed -Use GC 1,119,928 SF Retail (FAR 3.0) GC 279,981 SF Retail (FAR 0.75) (8.57 acres) 154 Multi - Family Residential Units (8.57 acres) 205 Multi - Family Residential Units Out (18 units per acre) (24 units per acre) Traffic: An analysis of the traffic impacts associated with the maximum development potential of a mixed -use development on the property was conducted. Since the increased residential development (due to the density increase) generates less traffic than the eliminated retail uses (due to the decreased FAR), the new land use mix would represent a net reduction in potential traffic volumes of 17,275 trips with comparable reductions in AM and PM peak hour traffic. As noted earlier, this analysis is a comparison of the traffic generation at the maximum development potential of the property before and after the proposed text amendments. It is does not represent the actual traffic generated by the proposed Delray Preserve project, which does not include retail development. A letter from Palm Beach County Traffic Division indicating that the project meets the traffic performance standards of Palm Beach County is required prior to approval (certification) of the related site plan. Table 2: Trip Generation Comparison Maximum Development Potential Trip Generation rates from Palm Beach County Page 6 Daily AM Peak Hour PM Peak Hour Land Use Intensity Trips Total In Out Total In Out Existing Future Land Use General Commercial (FAR 3.0) 1,119,928 32,652 1,120 683 437 3,210 1,541 #### Residential Apartments (18 du /ac) 154 1,078 79 16 63 95 62 33 Existing FLU Trips 33,730 1,199 699 500 3,305 1,603 #### Less Pass -by Traffic General Commercial 17.88% (5,840) (200) (122) (78) (574) (276) (298) Existing FLU External Trips 27,890 999 577 422 2,731 1,327 #### Proposed Future Land Use General Commercial (FAR 0.75) 279,981 13,261 280 171 109 1,268 609 659 Residential Apartments (24 du /ac) 205 1,435 104 21 83 127 83 44 Proposed FLU Trips 14,696 384 192 192 1,395 692 703 Less Pass -by Traffic General Commercial 30.78% (4,081) (86) (53) (34) (390) (203) Proposed FLU External Trips 10,615 298 139 158 1,005 J505 500 Net New External Trips (Proposed - Existing) (17,275) (701) (438) (264) (1,726) (904) Trip Generation rates from Palm Beach County Page 6 Water & Wastewater: Water and Wastewater service are both available to the property through connection to existing mains along North Federal Highway. Water treatment is provided by the City of Delray Beach at the Water Treatment Plant. The geographic service area coincides with the Planning Area plus service provided to the Town of Gulf Stream through contract as a bulk customer. The service area encompasses approximately 18 square miles. The treatment plant, with a capacity of 28 million gallons per day, was constructed in 1972 and has a programmed life of 50 years (2022). Wastewater from the City is treated at the South County Regional Wastewater Treatment Plant ( SCRWWTP), which is managed by the South Central Regional Wastewater Treatment and Disposal Board, established in 1974 through an agreement between the cities of Delray Beach and Boynton Beach. The wastewater treatment plant was constructed in 1979, with a programmed life of 50 years (2029). The Comprehensive Plan indicates that the current plant has adequate capacity to service the City's project population beyond the year 2025. The SCRWWTP has the capacity to provide up to 24 mgd of reclaimed - quality water. This capacity is shared equally between Boynton Beach and Delray Beach. In 2003, the City developed a Reclaimed Water Master Plan, which identified 16 areas for reclaimed water application. Through the use of reclaimed water, the City's 20 -Year Water Supply Facilities Work Plan indicates that water supply facilities are planned and will be available to meet the future growth and water demands of the City of Delray Beach through the year 2030. Since adequate capacity is available in the City's water and wastewater systems to meet the demand, the proposed text amendments will not impact the level of service standard for these facilities. Drainage: The adopted LOS standards for drainage is the SFWMD standard of retention of the first one inch of runoff or 2.5 inches of water storage times the percentage of impervious area. Local and City -wide drainage deficiencies are identified in the Stormwater Master Plan (Kimley -Horn, 2000). The City has programmed projects to correct the deficiencies identified in this report and achieve the Level of Service standard. Public Facilities Element Objective E -1 states: A capital improvement program directed specifically to storm drainage and runoff management has been adopted by the City Commission, and capital projects, as identified in that program, are implemented with funding from the Stormwater Utility Fee. The additional impervious area for residential units and parking area as a result of the text amendments to increase the density from 18 to 24 units per acre will not negatively impact the LOS standard for drainage on the property or the surrounding area. There are no problems anticipated with obtaining South Florida Water Management District permits within the area, since the amount of impervious area is being reduced compared to the former swap shop development. "Delray's Lost Drive -in" was substantially paved with only 10.3% open space, while the proposed Delray Preserve project has 26% open space. Drainage will be accommodated on site via an exfiltration trench system on the property. Page 7 Parks & Recreation The Open Space and Recreation Element of the City's Comprehensive Plan indicates in its conclusion that "The City will have sufficient recreation facilities at build -out 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. The proposed additional units will not have a significant impact with respect to level of service standards for parks and recreation facilities. However, pursuant to LDR Section 5.3.2, whenever a development is proposed upon land which is not designated for park purposes in the Comprehensive Plan, an in -lieu fee of $500.00 per dwelling unit will be collected prior to issuance of building permits for each unit. Thus, an in -lieu fee of $102,500 will be required of this development. Education (School Concurrency): School concurrency is addressed with all proposals for residential development. A request for concurrency determination will be submitted to the Palm Beach County School District as part of the Site Plan review process. A formal determination by the School District is required prior to approval (certification) of the related site plan. Solid Waste: As shown on the following table, with the proposed text amendments, the maximum development of the property would result in a net decrease of 73% or 4,527 tons in annual solid waste generation. The Solid Waste Authority has indicated that its facilities have sufficient capacity to accommodate all development proposals until 2046. Table 3: Solid Waste Generation Maximum Development Potential Existing Maximum Development Potential Proposed Mixed -Use Maximum Development Potential 1,119,928 SF Retail @ 10.2 Ibs /sf = 5,712 tons /yr 279,981 SF Retail @10.2 Ibs /sf = 1,428 tons /year 154 MF Units @.52 tons /year = 80 tons /yr 205 MF Units @ .52 tons /year = 107 tons /year Based on the above analysis, positive findings can be made at this time with regard to concurrency for all services and facilities. • Compatibility -- The requested designation will be compatible with the existing and future land uses of the surrounding area. As noted earlier in this paper, the proposed residential development with the text amendments is compatible with the surrounding neighborhood, which consists primarily of commercial development to the north and west, residential townhouse development to the south, and a F.I. N. D. spoil area to the east. The proposed development, with its increase in density from 18 to 24 units per acre is compatible with the existing and future land uses of the surrounding area, and a positive finding with respect to compatibility can be made. Page 8 • Compliance -- Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. Compliance with the Land Development Regulations will be evaluated by the City during review of the conditional use and site plan requests. Following City review, any deficiencies will be corrected or relief will be sought. Page 9 Rick Scott Jesse Panuccio GOVERNOR - �� EXECUTIVE DIRECTOR FLORIDA DEPAPT"MlENT-f ECONOMIC OPPORTUNITY May 23, 2014 The Honorable Cary Glickstein, Mayor City of Delray Beach 100 NW 1't Avenue Delray Beach, Florida 33444 Dear Mayor Glickstein: The Department of Economic Opportunity has completed its review of the proposed comprehensive plan amendment for the City of Delray Beach (Amendment No. 141ESR), which was received on April 25, 2014. We have reviewed the proposed amendment pursuant to Sections 163.3184(2) and (3), Florida Statutes (F.S.), and identified no comment related to important state resources and facilities within the Department's authorized scope of review that will be adversely impacted by the amendment if adopted. The City is reminded that pursuant to Section 163.3184(3)(b), F.S., other reviewing agencies have the authority to provide comments directly to the City. If other reviewing agencies provide comments, we recommend the City consider appropriate changes to the amendment based on those comments. If unresolved, such comments could form the basis for a challenge to the amendment after adoption. The City should act by choosing to adopt, adopt with changes, or not adopt the proposed amendment. Also, please note that Section 163.3184(3)(c)1, F.S., provides that if the second public hearing is not held and the amendment adopted within 180 days of your receipt of agency comments, the amendment shall be deemed withdrawn unless extended by agreement with notice to the state land planning agency and any affected party that provided comment on the amendment. For your assistance, we have enclosed the procedures for adoption and transmittal of the comprehensive plan amendment. We appreciate the opportunity to work with the City of Delray Beach on planning and community development issues. If you have any questions concerning this review, please contact Adam Antony Biblo, at (850) 717 -8503, or by email at Adam.Biblo @deo.mvFlorido.com . Sincerely, r Ana Richmond, Chief Bureau of Community Planning AR /aab Enclosure: Procedures for adoption of comprehensive plan amendments cc: Amy E. Alvarez, Senior Planner, City of Delray Beach Planning and Zoning Department Michael J. Busha, AICP, Executive Director, Treasure Coast Regional Planning Council Florida Department of Economic Opportunity Caldwell Building f 107 E. Madison Street I Tallahassee, FL 32399 866.FLA.2345 850.245.7105 1 850.921.3223 Fax www- floridajobs.or www.twitter.com /FLDEO I www.facebook.cnm /FLDEO SUBMITTAL OF ADOPTED COMPREHENSIVE PLAN AMENDMENTS FOR EXPEDITED STATE REVIEW Section 163.3184(3), Florida Statutes NUMBER OF COPIES TO BE SUBMITTED: Please submit three complete copies of all comprehensive plan materials, of which one complete paper copy and two complete electronic copies on CD ROM in Portable Document Format (PDF) to the State Land Planning Agency and one copy to each entity below that provided timely comments to the Iocal government: the appropriate Regional Planning Council; Water Management District; Department of Transportation; Department of Environmental Protection; Department of State; the appropriate county (municipal amendments only); the Florida Fish and Wildlife Conservation Commission and the Department of Agriculture and Consumer Services (county plan amendments only); and the Department of Education (amendments relating to public schools); and for certain local governments, the appropriate military installation and any other local government or governmental agency that has filed a written request. SUBMITTAL LETTER: Please include the following information in the cover letter transmitting the adopted amendment: State Land Planning Agency identification number for adopted amendment package; Summary description of the adoption package, including any amendments proposed but not adopted; Identify if concurrency has been rescinded and indicate for which public facilities. (Transportation, schools, recreation and open space). Ordinance number and adoption date; Certification that the adopted amendment(s) has been submitted to all parties that provided timely comments to the local government; Name, title, address, telephone, FAX number and e-mail address of local government contact; Letter signed by the chief elected official or the person designated by the local government. Effective: June 2, 2011 Page 1 ADOPTION AMENDMENT PACKAGE: Please include the following information in the amendment package: In the case of text amendments, changes should be shown in strike - through/underline format. In the case of future land use map amendments, an adopted future land use map, in color format, clearly depicting the parcel, its future land use designation, and its adopted designation. A copy of any data and analyses the local government deems appropriate. Note: If the local government is relying on previously submitted data and analysis, no additional data and analysis is required; Copy of the executed ordinance adopting the comprehensive plan amendment(s); Suggested effective date language for the adoption ordinance for expedited review: The effective date of this plan amendment, if the amendment is not timely challenged, shall be 31 days after the state land planning agency notifies the local government that the plan amendment package is complete. If timely challenged, this amendment shall become effective on the date the state land planning agency or the Administration Commission_ enters a final order determining this 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. List of additional changes made in the adopted amendment that the State Land Planning Agency did not previously review; List of findings of the local governing body, if any, that were not included in the ordinance and which provided the basis of the adoption or determination not to adopt the proposed amendment; Statement indicating the relationship of the additional changes not previously reviewed by the State Land Planning Agency in response to the comment letter from the State Land Planning Agency, Effective: June 2, 2011 Page 2 Gmail - Proposed Delray Reserve additional 6 townhouses Cry: i� https: / /tuail.google. coin/ maWu/4 / ?ui= 2 &ik= gd8681fe7d&view —pt&se.. . McCALL Credle- Rosenthal <mccal16030 @gmail.com> Proposed Delray Reserve additional 6 townhouses 3 messages McCALL Credle - Rosenthal <mcca 116030@g mail. com> Mon, Apr 14, 2014 at 5:24 AM To: Amy Alvarez <Alvarez @mydeiraybeach.com> Cc: glickstein @mydelraybeach.com, Petrolia @mydelraybeach.com, janjura @mydelraybeach.com Bec: toddiharvey@bellsouth.net, slatw @comcast.net, jackie @cmcmanagement.biz, Lane Carlee < Ian ecarlee@ma c.com>, Andrew Trupin <trupinp @gmail.com >, Rebecca Truxell <truxell @mydelraybeach.com >, Alice Finst - newest <ajfinst @earthlink.net >, Debra Rosen - La Hacienda <dwrosen @hctmail.com >, Ben & Prisa -new La Hacienda <bean ranch@ bellso uth. net>, Pat Truscello <ptruscello@hotmail.com >, Tony and Vee La Hacienda <tony.fasciani @gmail.com >, Kim Leahy <leahydelray @gmail.com >, "aennis @paradisebank.com" <aennis @paradisebank.com >, "GonzaleeF @aol.com" <GonzaleeF @aol.com> To City Commissioners and Honorable Mayor of Delray Beach. Every time a developer goes before the City of belray Beach requesting variances for an existing allocation, it is our hope that the Commissioners will factor in the effect invariably on the water run off, parking and trafficking. We, the La Hacienda HOA, oppose the the request for an additional 6 townhouses to be added to the already allocated 18 at the Federal Hwy Delray Preserve project. The La Hacienda neighborhood is submitting to the City an additional 15 letters of OPPOSITION to be included with the emails that you have received in advance of the Commission meeting of April 16th. I will not be in belray Beach on the 16th of April and we hope that the signed letters and emails will serve as our voice of opposition to the additional 6 townhouses request. Please consi er our request to oppose an additional 6 for your consi eration. McCall Credletha� President — LG Hacienda HOA 817 Lake Avenue N belray Beach, Fl 33483 mc.ccll60 Dc'- rq",'10 _c"ri Townhouses. We would like to thank you in advance Mail Delivery subsystem <mailer- daemon@googlemail.com> To: mcca116030@gmaii.com Delivery to the following recipient failed permanently: janjura @mydelraybeach.com Mon, Apr 14, 2014 at 8:25 AM 1 of 3 4/14/2014 8:32 AM Additional Information for Item 10.13; Regular Meeting June 3, 2014 April 10, 2014 To the Board of Planning and Zoning City of Delray Beach We, the La Hacienda Neighborhood, located just south of the proposed Delray Preserve Oppose the plan to expand the proposal for development of a 24 Townhome Rental Unit Project. We, as citizens of Delray Beach, are continuously being asked to make exceptions or allow additions for conditional use. The City had allocated between 12 units to 15 units to an acre and we are constantly asked to overlook allowances agreed upon. We, La Hacienda Home Owners believe that the 18 units to that acre are already over the limit and additional units should NOT be considered. Please consider our request as citizens of this city who are hoping that our voices will be considered in your voting decision. Thank you. cj��w --- (sign here) Member of La Hacienda Neighborhood Homeowners Association �Z(, �-' L, d'�-t ) Additional Information for Item 10.13; Regular Meeting June 3, 2014 April 10, 2014 To the Board of Planning and Zoning City of Delray Reach We, the La Hacienda Neighborhood, located just south of the proposed Delray Preserve Oppose the plan to expand the proposal for development of a 24 Townhome Rental Unit Project. We, as citizens of Delray Beach, are continuously being asked to make exceptions or allow additions for conditional use. The City had allocated between 12 units to 15 units to an acre and we are constantly asked to overlook allowances agreed upon. We, La Hacienda Home Owners believe that the 18 units to that acre are already over the limit and additional units should NOT be considered. Please consider our request as citizens of this city who are hoping that our voices will be considered in your voting decision. Thank you. (sign here) Member of La Hacienda Neighborhood Homeowners Association Additional Information for Item 10.13; Regular Meeting June 3, 2014 April 10, 2014 To the Board of Planning and Zoning City of Delray Beach We, the La Hacienda Neighborhood, located just south of the proposed Delray Preserve Oppose the plan to expand the proposal for development of a 24 Townhome Rental Unit Project. We, as citizens of Delray Beach, are continuously being asked to make exceptions or allow additions for conditional use. The City had allocated between 12 units to 15 units to an acre and we are constantly asked to overlook allowances agreed upon. We, La Hacienda Home Owners believe that the 18 units to that acre are already over the limit and additional units should NOT be considered. Please consider our request as citizens of this city who are hoping that our voices will be considered in your voting decision. :nk you. -_ -f (sign here) Member of La Hacienda Neighborhood Homeowners Association Additional Information for Item 10.13; Regular Meeting June 3, 2014 xpni iu, zu..4 0 To the Board of Planning and Zoning City of Delray Beach We, the La Hacienda Neighborhood, located just south of the proposed Delray Preserve Oppose the plan to expand the proposal for development of a 24 Townhome Rental knit Project. We, as citizens of Delray Beach, are continuously being asked to make exceptions or allow additions for conditional use. The City had allocated between 12 units to 15 units to an acre and we are constantly asked to overlook allowances agreed upon. We, La Hacienda Home Owners believe that the 18 units to that acre are already over the limit and additional units should NOT be considered. Please consider our request as citizens of this city who are hoping that our voices will be considered in your voting decision, Thank you. sign here) Homeowners Association Additional Information for Item 10.13; Regular Meeting June 3, 2014 7 Apnl 111, zujL 0 To the Board of Planning and Zoning City of Delray Beach We, the La Hacienda Neighborhood, located just south of the proposed Delray Preserve Oppose the plan to expand the proposal for development of a 24 Townhome Rental Unit project. We, as citizens of Delray Beach, are continuously being asked to make exceptions or allow additions for conditional use. The City had allocated between 12 units to 15 units to an acre and we are constantly asked to overlook allowances agreed upon. We, La Hacienda Horne Owners believe that the 18 units to that acre are already over the limit and additional units should NOT be considered. Please consider our request as citizens of this city who are hoping that our voices will be considered in your voting decision. iign here) iomeowners Association Additional Information for Item 10.13; Regular Meeting June 3, 2014 April 10, 2014 To the Board of Planning and Zoning City of Delray Beach We, the La Hacienda Neighborhood, located just south of the proposed Delray Preserve Oppose the plan to expand the proposal for development of a 24 Townhome Rental Unit Project. We, as citizens of Delray Beach, are continuously being asked to make exceptions or allow additions for conditional use. The City had allocated between 12 units to 15 units to an acre and we are constantly asked to overlook allowances agreed upon. We, La Hacienda Home Owners believe that the 18 units to that acre are already over the limit and additional units should NOT be considered. Please consider our request as citizens of this city who are hoping that our voices will be considered in your voting decision. Thank you. (sign here) e ber of La Hacienda Neighborhood Homeowners Association Additional Information for Item 10.13; Regular Meeting June 3, 2014 April 10, 2014 To the Board of Planning and Zoning City of Delray Beach We, the La hacienda Neighborhood, located just south of the proposed Delray Preserve Oppose the plan to expand the proposal for development of a 24 Townhome Rental Unit Project. We, as citizens of Delray Beach, are continuously being asked to make exceptions or allow additions for conditional use. The City had allocated between 12 units to 15 units to an acre and we are constantly asked to overlook allowances agreed upon. We, La Hacienda borne Owners believe that the 18 units to that acre are already over the limit and additional units should NOT be considered. Please consider our request as citizens of this city who are hoping that our voices will be considered in your voting decision. Thank you. E 4/ d"i'n here) Member of La A ci nda Neighborhood Homeowners Association Additional Information for Item 10.13; Regular Meeting June 3, 2014 April 10, 2014 To the Board of Planning and Zoning City of Delray Beach We, the La Hacienda Neighborhood, located just south of the proposed Delray Preserve Oppose the plan to expand the proposal for development of a 24 Townhome Rental Unit Project. We, as citizens of Delray Beach, are continuously being asked to make exceptions or allow additions for conditional use. The City had allocated between 12 units to 15 units to an acre and we are constantly asked to overlook allowances agreed upon. We, La Hacienda Home Owners believe that the 18 units to that acre are already over the limit and additional units should NOT be considered. Please consider our request as citizens of this city who are hoping that our voices will be considered in your voting decision. Thank you. (sign here) Homeowners Association Additional Information for Item 10.13; Regular Meeting June 3, 2014 April 10, 2014 To the Board of Planning and Zoning City of Delray Beach We, the La Hacienda Neighborhood, located just south of the proposed Delray Preserve Oppose the plan to expand the proposal for development of a 24 Townhome Rental Unit Project. We, as citizens of Delray Beach, are continuously being asked to make exceptions or allow additions for conditional use. The City had allocated between 12 units to 15 units to an acre and we are constantly asked to overlook allowances agreed upon. We, La Hacienda Home Owners believe that the 18 units to that acre are already over the limit and additional units should NOT be considered. Please consider our request as citizens of this city who are hoping that our voices will be considered in your voting decision. Thank you. ( here) ember of La Hacienda Neighborhood Homeowners Association Additional Information for Item 10.13; Regular Meeting June 3, 2014 April 10, 2014 To the Board of Planning and Zoning City of Delray Beach We, the La Hacienda neighborhood, located just south of the proposed Delray Preserve Oppose the plan to expand the proposal for development of a 24 Townhome Rental Unit Project. We, as citizens of Delray Beach, are continuously being asked to make exceptions or allow additions for conditional use. The City had allocated between 12 units to 15 units to an acre and we are constantly asked to overlook allowances agreed upon. We, La Hacienda Home Owners believe that the 18 units to that acre are already over the limit and additional units should NOT be considered. Please consider our request as citizens of this city who are hoping that our voices will be considered in your voting decision. Thank you. LU., = '" (sign here) Membe of La Hacienda N 'ghborhood Homeowners Association Additional Information for Item 10.13; Regular Meeting June 3, 2014 April 10, 2014 To the Board of Planning and Zoning City of Delray Beach We, the La Hacienda Neighborhood, located gust south of the proposed Delray Preserve Oppose the plan to expand the proposal for development of a 24 Townhome Rental Unit Project. We, as citizens of Delray Beach, are continuously being asked to make exceptions or allow additions for conditional use. The City had allocated between 12 units to 15 units to an acre and we are constantly asked to overlook allowances agreed upon. We, La Hacienda Home Owners believe that the 18 units to that acre are already over the limit and additional units should NOT be considered. Please consider our request as citizens of this city who are hoping that our voices will be considered in your voting decision. Thank you. {sign here) Mem6 of La Hacienda Neighborhood Homeowners Association Additional Information for Item 10.13; Regular Meeting June 3, 2014 April 10, 2014 To the Board of Planning and Zoning City of Delray Beach We, the La Hacienda Neighborhood, located just south of the proposed Delray Preserve Oppose the plan to expand the proposal for development of a 24 Townhome Rental Unit Project. We, as citizens of Delray Beach, are continuously being asked to make exceptions or allow additions for conditional use. The City had allocated between 12 units to 15 units to an acre and we are constantly asked to overlook allowances agreed upon. We, La Hacienda Home Owners believe that the 18 units to that acre are already over the limit and additional units should NOT be considered. Please consider our request as citizens of this city who are hoping that our voices will be considered in your voting decision. Thank you. (sign here) Membe f a Hacienda Neighborhood Homeowners Association Additional Information for Item 10.13; Regular Meeting June 3, 2014 Alvarez, Amy From: Sabrina A. Caruana & Associates Real Estate <c21 caruana @aol.com> Sent: Thursday, May 15, 2014 3:17 PM To: Alvarez, Amy Subject: Delray Reserve Project Dear Ms. Alvarez, As a citizen of Delray Beach for 20 years and a resident close to 2001 N. Federal Hwy, I would like to formally object to the increase in density from 18 units per acre to 24 units per acre as requested by the developer of the Delray Reserve project at this property address. The increase in density for that property is not consistent with or complementary to the surrounding neighborhoods. Increasing the density to allow 50 additional apartments to be build will result in increased people, increased traffic, increased noise, increased trash, and increased turnover that is not necessary for the development of this property. In addition, it will bring transient residents to our neighborhood, people with no permanent roots, who are not the type of neighbors we are looking for. We would much prefer that this land was used to develop condos or townhouses that are For Sale and not For Rent. People who want to make Delray Beach their permanent home and not just a place to rent a high density, lower income rental apartment. Due to being out of the country for work, 1 may or may not be able to attend or speak at future meetings. Please add my objection to the file for that property. Respectfully, Sabrina Caruana Delray Beach, FL 33483 Additional Information for Item 10.13; Regular Meeting June 3, 2014 Alvarez, Amy From: Cynthia Taylor <cynthia .taylor @palmbeachschools.org> Sent: Monday, June 02, 2094 9:57 AM To: Alvarez, Amy Cc: ko9967 @gmail.com Subject: Delray Preserve Attachments: Amy Alveraz.docx Dear Amy -- please include this letter of opposition to the Delray Preserve file for tomorrow's Public Hearing Thank you, Cynthia Taylor Last Day of School for Students is June 5 and Teachers June 6. Have a Safe and Fun Summer! Follow us on 91 a Disclaimer: Under Florida law, e -mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. Additional Information for Item 10.13; Regular Meeting June 3, 2014 Amy Alveraz, I have been a home owner for the past 15 years. My peaceful abode is located at 611 Allen Avenue. I attended the last City Hall meeting concerning the increase to 24 units per acre of the proposed Delray Preserve located in our neighborhood. My opposition to the steady rise of the original zoning for this property from 12 units to 18 units and now 24 units is on record. At that time I expressed many concerns of the impact the current density increase from 18 to 24 units per acre /50 additional apartments would have. I expressed concern of the traffic flow of the area. I have seen the difference first hand in traffic flow with the growth of Walmart and other businesses in the area in the last few years. It is necessary to enter northbound Federal Hwy from Allen Avenue and do a U -turn to travel South. This U -turn area is also the entrance /exit area for Kokomo Key residence. With the current 18 unit per acre proposal /150 apartments that equates to approximately 200/300 additional cars vying for entrance to Federal Hwy during morning and evening work commute times in the same vicinity. it is also on public record that there is a proposed office space being considered on the east side of Federal across the street from Johnny Mangos. This poses additional traffic concern. An increase in density not only means more traffic, it also means more noise, more solid waste, and resident turn over. Additionally, an increased density is not consistent with surrounding areas of Kokomo Key, Allen Avenue, Old Palm Grove, The Estuary, La Hacienda, or other neighborhoods down to George Bush. I heard other relevant comments at the last meeting to name a few. One gentleman made the point that the City of Delray had conducted a study (paid for with taxpayers money) of the property in question and made the recommendation of a maximum of 18 units — Why wasn't the City's own recommendation given credence? Delray markets itself and takes pride in being the quaint "Village by the Sea ". To not protect this status near our northern border blends the line between Boynton and Delray. Please maintain the At the closing of the afore mentioned meeting attended, I was shocked at the comments made by City already been made before the public meeting even started. The traffic pattern issue was dismissed with the logic of saying, "It is not a density issue rather a traffic flow issue" -- To my logic they are one and the same —more apartments= more traffic flow. I felt letdown by my elected officials and that my time and comments made were not given the credit deserved. It was disrespectful. I hope that tomorrow's Public meeting is met with the consideration that our community members deserve. I will be there in support of Kevin Osborn's presentation. I am also asking for the City to conduct a study and monitor the current traffic flow before in the area mentioned above before any final decision is made. Sincerely, Cynthia Taylor 611 Allen Avenue, Delray Beach 33432 Additional Information for Item 10.13; Regular Meeting June 3, 2014 Alvarez, Amy From: shawn olds <socompletemarine @gmail.com> Sera: Monday, June 02, 2014 10:24 AM To: Alvarez, Amy Subject: Delray Preserve I am a single resident of 630 Allen ave. This is the street just south of the proposed Delray Preserve project. In my opinion, this project is not going to be goad for the already existing properties. This project will increase the noise traffic and it will also increase the crime as all rental apartment projects do. Please help its keep our beautiful and well respected area as clean and safe as possible. Please do not allow the Developers to come in and lower our already existing standards and property values just so they can profit short term. Deep Delray CLEJN,0M BEAUTIFUL... Thank you for listening to a concerned citizen Shawn Olds. Shawn Olds 630 flllen fLve. Delray Beach FL 334,83 Additional Information for Item 10.13; Regular Meeting June 3, 2014 Alvarez, Amy From: Jim <jim @jtingram.com> Sent: Monday, June 02, 2014 12:25 PM To: Alvarez, Amy Subject: development of the Drive inn theater /flea market site i do not believe Delray Beach can afford the impact to the sense of community, the police force, fire Dept., sewage, and schools that these changes will cause. If all these units are families (2 adults, 2 kids per unit), where do they go to school? How many people are projected to live here? What assumptions are these numbers based on? I would like to see single family homes, or at worse case the original zoning (not the last change proposal request). I purchased and invested in my Home based on this zoning. The developer can make plenty of money on single family homes. There are plenty of companies doing this. If he is thinking about working people he can make them affordable and make less, maybe give one or two away in a lottery. Single family homes encourage a sense of community. People make improvements and maintain single family homes, have a sense of permanent not transient. Delray Beach has a fair amount of rental units and transient "visitors ". We need more single family homes. More stable families. Jim Ingram High Tech Photonics JT Ingram Sales and Marketing 455 NE 5`" Ave D -277 Delray Beach, FL 33483 561 573 6533 Jim @ltingram.com Additional Information for Item 10.13; Regular Meeting June 3, 2014 MEMORANDUM TO: Mayor and City Commissioners FROM: Planning & Zoning Department THROUGH: Terry Stewart, Interim City Manager DATE: June 23, 2014 SUBJECT: AGENDA ITEM 10.C. - REGULAR COMMISSION MEETING OF JULY 1, 2014 ORDINANCE NO. 09 -14 (SECOND READING /SECOND PUBLIC HEARING) BACKGROUND The intent of the subject LDR amendment is to apply the development standards and uses (excluding conditional uses) of the CBD to multiple properties within the south area of the OSSHAD zoning district. The properties are located at 36, 48, 104, and 122 SE 1st Avenue, and 14 and 18 SE 1st Street. All of the subject properties are also located within the Old School Square Historic Arts District, and either contain contributing (historic) structures, or abut properties containing contributing structures. The proposed changes would further increase the range of both principal and accessory uses that could be established on the subject properties, such as: • A wider range of retail (i.e. automotive parts, pharmacies, lawn care equipment, sporting goods, toys); • Business, professional and medical uses (i.e. dental clinics, medical laboratories, publishing); • Services and facilities (i.e. dry cleaning, cocktail lounges, parking garages, commercial or public parking lots); • Multi - family dwelling units up to a density of 30 units per acre; and, • Hotels, motels, and residential -type inns. For example, OSSHAD does not permit multi - family residential development, as a duplex is the maximum type of residential use permitted; however, the CBD permits a density of 30 units per acre. Based on the sizes of the subject properties, the proposed amendment would permit approximately 15 units at 36 -48 SE 1St Avenue, and approximately 27 units on the properties at 104 -122 SE 1St Avenue and 14 and 18 SE 1St Street. Therefore, the density would increase by nearly five times from what is presently permitted, which is 12 units if one duplex were constructed on each of the subject properties (56 units versus 12 units). In addition, any new development would be larger in scale and mass given the more liberal setbacks and height of the CBD (see attached Development Standards comparison chart as a separate exhibit, and also included in attached Planning and Zoning Board Memorandum Staff Report.). While the HPB will continue to have purview over the site plan and design review of the properties, it would be very difficult to deny an application found to be in compliance with the Development Standards permitted on those properties (yet not compatible in scale and massing) if the subject amendment is passed, as a result of making positive findings with this currently proposed amendment. There are other lots in the immediate vicinity located within the OSSHAD zoning district that were extended with the CBD overlay in 2000 that may be, or have already been, developed in accordance with the permitted uses and development standards of the CBD. Those lots are located immediately to the north and across the east /west alley from the subject property and include a surface parking lot, the City's Robert Federspiel Parking Garage, and a mixed -use building (Royal Atlantica). Those three lots were included in one text amendment adopted on January 4, 2000 (Ordinance No. 47 -99) which provided for the expansion of the CBD overlay district (uses and development standards), for the primarypurpose of constructing the Block 69 parking, garage (a/k/a Federspiel Garage). The Comprehensive Plan requires that development be complementary to adjacent land uses. The proposed amendment would allow for the subject properties to be developed in a manner complementary to those properties located on the east side of SE 1st Avenue, outside of the historic district and zoned CBD. The amendment would not promote complementary development with the historic properties in the historic district and would allow for the incursion of more intense development with reduced setback requirements and the potential for greater height. Additionally, the Comprehensive Plan requires the preservation of historic resources through the redevelopment of land and buildings, which will not occur with the subject LDR Amendments. The proposed amendment not only fails to provide for historic preservation, it creates potential for further intensification of development, thereby discouraging the preservation of the historic structures located immediately to the west of and abutting the subject property, as well as the subject properties. Moreover, the proposed amendment does not incentivize the preservation of the historic structures on their existing sites, but rather, increases the allowable intensity which incentivizes razing or relocating historic structures. The increase of density within this historically designated area will allow development inconsistent with the established development pattern of the OSSHAD district. This desired development pattern is explained in the "Purpose and Intent" section of the LDRs and calls for encouraging the restoration or preservation of historic structures and, maintaining and enhancing the historic and pedestrian scale of the area. Uses and development densities and intensities that are currently allowed in the OSSHAD promote the preservation and adaptive reuse of all structures within the District. Increasing the intensity of use of the properties available under the CBD will have an adverse impact on the stability of this historic area and allow development inconsistent with the scale of the remainder of the historic district. It appears that development that has occurred outside of the designated historic district is being used to justify inappropriate regulations within the historic district, such as the Worthing Place development, the Boueri Mixed -Use Building, and the pending SofA District Offices and Lofts project all located along the east side of SE 1st Avenue in the CBD, across from the subject properties. If development outside of the historic districts justifies changing regulations within the historic district, then the same rationale could be applied to properties adjacent to the subject properties, or other historic districts and /or individually designated properties. Moreover, it was made clear during the review for the amendment adopted in 2000, which applied CBD overlay to the properties to the north in Block 69, that providing CBD overlay of permitted uses and development standards for those properties would not be precedent setting. In summary, the OSSHAD district is typified as a low intensity, mixed use district that allows single family residential, professional offices, boutiques, etc. The intensity allowed as principal uses as well as the more liberal development standards in the CBD zoning district, such as setbacks and height, for the subject property, is incompatible with the historic district. Consequently, a positive finding cannot be made with respect to Ordinance 09 -14, as the existing zoning and development regulations are more appropriate and will provide more compatibility than the proposed regulations. Last, the Comprehensive Plan calls for the preservation of historic resources (including districts and their historic character), which is not achieved by the proposed amendment. Therefore, a positive finding cannot be made that the amendments are consistent with and further the Goals, Objectives, and Policies of the Comprehensive Plan. The First Reading for the subject Ordinance took place at the City Commission meeting of June 17, 2014. The City Commission voted to approve the Ordinance on a 3 -2 vote (Vice -Mayor Petrolia and Mayor Glickstein dissenting). REVIEW BY OTHERS The Community Redevelopment Agency (CRA) considered the subject LDR Amendments at its meeting of February 13, 2014; the consensus of the Board was to not support the proposed amendment. Subsequently, the applicant requested that the CRA reconsider the amendments. At its meeting of March 27, 2014, the consensus of the CRA was to support the proposed amendments on a vote of 3 -2 (Paul Zacks and Herman Stevens dissenting; Major Joe Bernadel absent). The Historic Preservation Board (HPB) considered the subject LDR Amendments at its meeting of February 19, 2014; the Board recommended approval on a vote of 4 -1 (Miller dissenting; Aponte and McDonald absent). The Planning and Zoning Board considered the subject LDR Amendments at its meeting of February 25, 2014; a motion was made to recommend approval of the request, but it failed on a vote of 2 -3 (Jarjura, Davey, and Durden dissenting; Shutt and Pierre -Louis absent). FINANCIAL DEPARTMENT REVIEW Not applicable. DISCUSSION The item before the City Commission is a privately- initiated amendment to LDR Section 4.4.24 Old School Square Historic Arts District ( OSSHAD), subsections (B) Permitted Uses, (C) Accessory Uses, and (F) Development Standards. The proposed amendment is 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 within the OSSHAD zoning district that can be developed pursuant to the development standards and permitted uses of the CBD (Central Business District) zoning district, pursuant to LDR Section 2.4.5(M). TIMING OF THE REQUEST This item is not time sensitive. RECOMMENDATION By motion, deny on second reading Ordinance No. 09 -14, the privately- initiated amendment to Land Development Regulation Section 4.4.24(B)(12), 4.4.24(C), and 4.4.24(F)(1)(a), allowing the permitted uses and development standards excluding the exceptions to additional height in the CBD for Lots 16 — 18 of Block 69, and Lots 11 -12 and the North Half of Lot 13, and Lots 23 -25 of Block 70, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Section 2.4.5(M). ORDINANCE NO. 09 -14 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD)", SUBSECTION 4.4.24(B), "PRINCIPAL USES AND STRUCTURES" TO INCLUDE ADDITIONAL PROPERTIES THAT ARE ALLOWED THE PERMITTED USES OF THE CBD ZONING DISTRICT; AMENDING SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD) ", SUBSECTION 4.4.24(C), "ACCESSORY USES AND STRUCTURES PERMITTED" TO INCLUDE ADDITIONAL PROPERTIES THAT ARE ALLOWED THE ACCESSORY USES OF THE CBD ZONING DISTRICT;AMENDING SUBSECTION 4.4.24(F), "DEVELOPMENT STANDARDS ", TO INCLUDE ADDITIONAL PROPERTIES IN THE OSSHAD DISTRICT THAT ARE SUBJECT TO THE STANDARDS OF THE CBD ZONING DISTRICT; PROVIDING A SAVING CLAUSE, A GENERAL, REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on February 25, 2014 and voted 2 to 3 to approve the amendments; 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. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Section 4.4.24, "Old School Square Historic Arts District (OSSHAD) ", Subsection 4.4.24(B), "Principal Uses and Structures" of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: B. Principal Uses and Structures: The following types of uses are allowed within the OSSHAD as a permitted use: (1) Single family detached dwellings. (2) Duplex structures. (3) Business, Professional, Medical and Governmental Offices. (4) Retail uses and /or facilities through specialty shops (single purpose businesses) such as: bath shops, book stores, gift shops, florists, hobby shops, kitchen shops, boutiques, bicycle shops, excluding liquor stores, convenience stores and pharmacies. (5) Arts related businesses such as craft shops, galleries, and studios within which is conducted the preparation of, display of, and /or sale of art products such as antiques, collectibles, custom apparel, jewelry, paintings, photography, picture framing, pottery, sculpture, stained glass. (6) Educational and /or Instructional activities including training, vocational, or craft schools, the arts, personal development, and libraries, museums, and social and philanthropic institutions. (7) Restaurants of a sit down nature such as a cafe, snack shop, full service dining but excluding any drive -in and /or drive- through facilities or features. (8) Providing of personal services such as barbershops, beauty shops, salons, cosmetologists. (9) Bed and Breakfast Inns, subject to the provisions of LDR Section 4.3.3 (Y). (10) Catering services not associated with a restaurant, subject to the special regulations of Section 4.4.24(1-1). (11) Group Home, Type 1, pursuant to restrictions set forth in Section 4.3.3(l). (12) Within the following described areas, the uses allowed as permitted uses in Section 4.4.13(B) pursuant to the base district and special regulations of the Central Business District regulations shall also be allowed in the OSSHAD: (a) Lots 13 -16, Block 60 (b) Lots 1- 4, Block 61 (c) Lots 1- 7, Lots 16 - 18 and 19 - 24, Block 69 (d) Lots 11 -12 and the North Half of Lot 13, and Lots 23 -25, Block 70 (e) Lots 7- 8, and the South 34.75 feet of Lot 6, Block 75; and (e) Lots 1- 6, Block 76 2 ORD. NO. 09 -14 (13) Assisted Living Facilities (14) Residential Licensed Service Providers Facilities (15) Nursing Homes Section 2. That Section 4.4.24, "Old School Square Historic Arts District (OSSHAD) ", Subsection 4.4.24(C), "Accessory Uses and Structures Permitted ", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (B) Accessory Uses and Structures Permitted: The following uses are allowed when a part of, or accessory to, the principal use: (1) Uses and structures normally associated with residences such as: bird aviaries, dog houses and dog runs, garages, greenhouses, guest cottages, playhouses, pool houses and covers /enclosures, pump houses, slat houses, storage sheds, workshops, swimming pools, and home occupations. (2) On a parcel that has as its principal use a non - residential use, there may be no more than two residential units, either within a separate structure or within a structure housing a non - residential use. (3) Family Day Care Home, pursuant to Section 4.3.3(1). (4) Parking lots and refuse storage areas (5) Outdoor dining areas which are accessory or supplemental to a restaurant or business use, provided the operation of the outdoor dining area is limited to daylight hours. (6) Within the following described areas, the uses allowed as accessory uses in Section 4.4.13(C) pursuant to the base district and special regulations of the Central Business District regulations shall also be allowed in the OSSHAD: (a) Lots 13 -16, Block 60 (b) Lots 1- 4, Block 61 (c) Lots 1- 7, Lots 16 - 18 and 19 - 24, Block 69 (d) Lots 11 -12 and the North Half of Lot 13, and Lots 23 -25, Block 70 (e) Lots 7- 8, and the South 34.75 feet of Lot 6, Block 75; and (e) Lots 1- 6, Block 76 3 ORD. NO. 09 -14 Section 3. That Section 4.4.24, "Old School Square Historic Arts District (OSSHAD) ", Subsection 4.4.24(F), "Development Standards ", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (F) Development Standards: The development standards as set forth, for the OSSHAD District, in Section 4.3.4 apply, except for as modified below: (1) The following locations shall be subject to the development standards of the Commercial Core (CC) area of the CBD Zone District, excluding exceptions to height limitations provided in Section 4.3.4U)(4): (a) Lots 1- 7, Lots 16 — 18 and 19 - 24, Block 69 (b) Lots 11 -12 and the North Half of Lot 13, and Lots 23 -25, Block 70 (c) Lots 7- 8, and the South 34.75 feet of Lot 6, Block 75; and (c) Lots 1- 6, Block 76 (2) The following locations shall be subject to the development standards of the West Atlantic Neighborhood (WAN) area of the CBD Zone District: (a) Lots 13 -16, Block 60 (b) Lots 1- 4, Block 61 (3) Parcels located along N.E. 1st Avenue between N.E. 2nd Street and N.E. 3rd Street (Banker's Row) shall comply with either provisions of Section 4.3.4 or provisions of the Banker's Row Development Plan, whichever is more permissive. (4) Except for properties identified in Sections 4.4.24(F)(1) and (2) and the Old School Square Cultural Arts Complex, the maximum width of a building fronting a street shall be limited to 60' and shall have a minimum separation of 15' between buildings fronting a street in a development site that contains more than one structure. (5) The floor area for the third floor shall be limited to 50% of the second floor area and the building setbacks or planes of the facade are offset and varied to provide visual relief. (6) Notwithstanding the provisions of Section 4.4.24(F)(4), or elsewhere in this code, residential -type inn developments, shall be permitted to connect adjacent on -site buildings using all- weather, covered walkways, that are constructed of not less than seventy percent (70 %) vertical transparent glass or similar material. Said walkways shall be on the ground floor only, shall be located not closer than fifteen (15) feet from the front building face, 4 ORD. NO. 09 -14 and may be joined to elevators, lobbies, or accessory use facilities permitted herein. (7) All properties located within the Old School Square Historic District and are subject to the provisions of Section 4.5.1. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same, are hereby repealed. Section 6. That this ordinance shall become effective upon its adoption on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of 12014. ATTEST: City Clerk First Reading Second Reading M AYOR 5 ORD. NO. 09 -14 Proposed LDR Amendment Extend CBD Overlay to additional properties in the OSSHAD Zoning District Subject Properties of proposed amendment Current OSSHAD properties already subject to CBD Overlay Contributing Structures Yy Lr1a 7 M" V ! . E Atlantic Ave k"IM '�� ' SOPRA % i SF 211dSt� i CBD VS. OSSHAD DEVELOPMENT STANDARDS " Additional height exceptions would not apply, as identified in 4.4.13(F)(1). See LDR Section 4.4.13 """ Pursuant to LDR Section 4.6.4(A)(1)(a)(ii). Otherwise, rear setback is 10'. OSSHAD CBD - Central Core Difference Height* 35' 48' +13' Cannot determine Lot Coverage 40% - -- difference Open Space 25% 10% -15% Lot Size 8,000 square feet 0 - -- Lot Width 80' 0 - -- Lot Depth 100' 0 - -- Lot Frontage 80' 0 - -- Setbacks** 1st & 2nd Stories Up to 25' 5-10', depending on 70 %- 90 %= 15' -20' Front 25' ground floor use; closer; 70 % -90% = 5' -10' max.; 10 %- 30 % =10' closer; 10 % -30% = 15' min. Side - Interior 7'6" 0' 7'6" closer 5-10', depending on 70 %- 90 %= 5' -10' Side - Street 15' ground floor use; closer; 70 % -90% = 5' -10' max. 10 %- 30 % =No 10 % -30% = 15' min. difference Rear 10' 10' No Difference 3rd Story -Over 25' -48' The floor area for the At least 70% = 15' min.; Front third floor shall be Up to 30% = 5' -10' min. limited to 50% of the Cannot determine 0' or difference. second floor area and Side - Interior (depending on n vehicular the building setbacks or planes of the fagade access to rear of property) Side - Street are offset and varied to provide visual relief. See Front (above) Rear 10' 4th Story — Over 37' Front At least 70% = 15' min.; N/A Up to 30% = 5' -10' min. 0' or 10' Side - Interior (OSSHAD height limit (depending on vehicular OSSHAD height limit is 35') access to rear of property) is 35' Side - Street See Front (above) Rear 22' * ** " Additional height exceptions would not apply, as identified in 4.4.13(F)(1). See LDR Section 4.4.13 """ Pursuant to LDR Section 4.6.4(A)(1)(a)(ii). Otherwise, rear setback is 10'. CBD VS. OSSHAD USES OSSHAD CBD - Central Core Permitted Uses Note: Each District provides listed examples of the types of uses, and these may vary between districts. Single family and duplex dwellings X - -- X Business, Professional, Medical and Governmental Offices X (Except Government Offices) Retail uses and /or facilities through specialty shops (single purpose businesses) X X X X Restaurants of a sit down nature X Arts related businesses X Educational and /or Instructional activities (including training, vocational, or craft schools, the X X arts, personal development, and libraries, museums, and social and philanthropic institutions) X X Libraries and museums Personal services (barbershops, beauty shops, salons, cosmetologists) X X Catering services X X (not associated with a restaurant) Bed and breakfast inns X X Group Home, Type 1 X Assisted Living Facilities X X Residential Licensed Service Providers Facilities X Nursing Homes X X Continuing Care Facilities - -- X General retail uses and /or facilities - -- X Services and facilities (See 4.4.13(8)(3)) - -- X Commercial Parking Lots and Parking Garages - -- X Multi- family Residential X (Up to 30 units per acre Hotels, motels, bed and breakfast inns, and X residential -type inns (Bed & Breakfast Inn Only) X 3 Q > Q Q 4-0 4-0 N N i m LL W 4-A E N O f� i G7 � t t 3 3 O O N N 4A Y O O J 3 4-0 i N G7 G7 Q 3 s N i O LL Z ++ N � f� 47 Y t O *' O � J O �► N �A �, 1� '�. �. 1�. 3 4-1 � N G7 � Q 3 N ++ LL N N t O 4-0 3 O J O N Mc! 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I O H W w b w p +J A C U N •• w w W O w 1 •.1 U U 4 N C w N O to g :3 -4 C row OH O W O -� N a +J Jy 't7 0444 +J 010 U 04 > 10 E b n MEETING DATE: FEBRUARY 25, 2014 ITEM NO.: IV.E. AGENDA ITEM: 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 DISTRICT) TO WHICH THE "PERMITTED USES' OF 4.4.13(B), "ACCESSORY USES" OF 4.4.13(C), AND "DEVELOPMENT STANDARDS" OF 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). ITEM BEFORE' THE, BOARD The item before the Board is that of making a recommendation to the City Commission regarding a privately- initiated amendment to LDR Section 4.4.24 Old School Square Historic Arts District ( OSSHAD), subsections (B) Permitted Uses, (C) Accessory Uses, and (F) Development Standards. The proposed amendment is 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 within the OSSHAD zoning district that can be developed pursuant to the development standards and uses of the CBD (Central Business District) zoning district, pursuant to LDR Section 2.4.5(M). The intent of the subject LDR amendment is to apply the development standards and uses (excluding conditional uses) of the CBD to multiple properties within the south area of the OSSHAD zoning district. The properties are located at 36, 48, 104, and 122 SE 1St Avenue, and 14 and 18 SE 1st Street. All of the subject properties are also located within the Old School Square Historic District, and as such, a description of each property is provided: 36 SE 1St Avenue (North portion of Lots 16, 17, and 18, Block 69): Vacant. A circa 1938 frame vernacular structure was relocated from the subject property to 186 NW 5th Avenue in 2011, where it was individually designated and listed on the Local Register of Historic Places as "The Harvel House" in the West Settlers Historic District. Prior to its relocation, the structure was classified as contributing within the Old School Square Historic District. 48 SE 1st Avenue (South portion of Lots 16, 17, and 18, Block 69); A circa 1955 two - story, 4,107 square foot building remains on the property and is classified as contributing. In 1984, the City Commission approved a conditional use application for an Adult Living Facility. • 104 SE 1 st Avenue (Lot 11, Block 70): Vacant. A one -story, multi- family dwelling was constructed on the property in 1952; it was demolished in 2004. A valet parking lot was approved for the site in 2011 in association with the approved Swinton Social project on South Swinton Avenue. • 122 SE 18t Avenue (Lot 12, Block 70): A circa 1955, one -story multi -unit building is located on the property and is classified as non - contributing. Page 2 of 10; Planning and Zoning Board Meeting of 02.25.14 Amendment to apply CBD overlay to OSSHAD 14 SE 1St Street (Lot 23, Block 70): A circa 1935, Minimal Traditional style structure is located on the property and is classified as contributing. 18 SE 1St Street (Lots 24 and 25, Block 70): A circa 1930 Mission style structure is located on the property, as well as a circa 1955 Frame Vernacular style structure. Both structures are classified as contributing. When the citywide rezonings occurred in 1990, the OSSHAD (Old School Square Historic Arts District) zoning district was created and applied to properties located within the historic district including all of Block 69. All lots within Block 69 were rezoned from GC (General Commercial) to OSSHAD. There are other lots in the immediate vicinity located within the OSSHAD zoning district that may be developed in accordance with the permitted uses and development standards of the CBD. Those lots are located immediately to the north and across the east /west alley from the subject property and include a surface parking lot, the City parking garage, and a mixed -use building (Royal Atlantica). Those three lots were included in one text amendment adopted on January 4, 2000 (Ordinance 47 -99) which provided for the expansion of the CBD overlay district (uses and development standards), for the primary purpose of constructing the Block 69 parking ag rape (aka Federspiel Garage). In 2007, a privately- initiated LDR Amendment (Ordinance 31 -07) was submitted which also proposed to extend the CBD Overlay at 36 SE 1St Avenue. The ordinance was reviewed by the HPB (September 5, 2007), Community Redevelopment Agency (September 6, 2007), and Planning and Zoning Board (September 17, 2007) and was unanimously recommended for denial by all three Boards. The ordinance was placed on hold by the property owner while a Class V Site Plan Application and COA were reviewed by the HPB for a replacement project involving new Class A offices. The HPB also reviewed four variances and three waiver requests associated with the Class V Site Plan and COA, all of which were denied. Subsequently, the property owner moved forward with an appeal to the City Commission of the Class V Site Plan denial. The appeal was upheld, thereby overturning the HPB's denial of the project; as a result, the Class V Site Plan was approved by the City Commission at its August 19, 2008 meeting. Subsequently, the LDR amendment described in Ordinance 31 -07 was withdrawn. The plans for the Class A office space approved by City Commission on August 19, 2008 received extensions of approval twice and remain valid until August 19, 2014. In 2013, a second privately - initiated LDR Amendment was submitted which was identical to Ordinance 31 -07. This amendment, processed as 09 -13, was reviewed by the CRA on March 28, 2013 and by the HPB on April 3, 2013. At both meetings, the item was tabled; the request was placed on hold by the applicant prior to the item being further reviewed. A new proposed LDR Amendment expanding the CBD overlay into the OSSHAD zoning district is now before the Board for consideration. Pursuant to LDR Section 2.4.5(M)(1), amendments to the Land Development Regulations may be initiated by the City Commission, Planning and Zoning Board or City Administration; or an individual. The proposed amendment is a privately- initiated text amendment to the Land Development Regulations. The application of the CBD development standards onto the subject properties would permit a maximum height of forty -eight feet (48'), versus a thirty -five foot (35') maximum height permitted 1►: Page 3 of 10; Planning and Zoning Board Meeting of 02.25.14 Amendment to apply CBD overlay to OSSHAD within OSSHAD. In the OSSHAD zoning district, the required setbacks are twenty -five feet (25) for the front, seven feet, six inches (7'6 ") for the side interior, and ten feet (10') for the rear, whereas the CBD setbacks are as follows: • Front setback may vary from five feet to ten feet (5-10') for 70 % -90% of the front elevation depending upon the proposed use on the ground floor and at least fifteen feet (15') for 10 % -30% of the front elevation. These setbacks are required up to a height of twenty -five (25'). For the remainder of the building (25' -48' in height), at least 70% of the building shall be setback fifteen feet (15'), with up to thirty percent (30 %) containing a setback of five feet to ten feet (5' -10'). Additionally, the floor area for each floor above 25' in height, shall not exceed 70% of the floor area contained in the ground level footprint; • Side setbacks may be zero (0) if there is vehicular access to the rear. Otherwise, one side must be setback at least ten feet (10'); • Rear setbacks are ten feet (10') up to thirty -seven feet (37') in height, while the elevation over thirty -seven feet (37') must be setback twenty -two feet (22') as the subject property abuts a zoning district ( OSSHAD) with a maximum height requirement of thirty -five feet (35'). The proposed changes would further increase the types of both principal and accessory uses that could be established in the OSSHAD zoning district to allow the following: • A wider range of retail (i.e. automotive parts, pharmacies, lawn care equipment, sporting goods, toys); • Business, professional and medical uses (i.e. dental clinics, medical laboratories, publishing); • Services and facilities (i.e. dry cleaning, cocktail lounges, parking garages, commercial or public parking lots); • Multi- family dwelling units up to a density of 30 units per acre; and, • Hotels, motels, and residential -type inns. A complete chart containing the above noted "use" information has been provided as Appendix A to this report, and a complete copy of LDR Sections 4.4.13(B), .Permitted Uses, 4.4.13(C), Accessory Uses, and 4.4.13(F), Development Standards have also been provided as attachments. 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. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable Objectives and Policies were noted: FUTURE LAND USE ELEMENT, GOAL AREA "A ": Land within the Planning area shall be developed or redeveloped, to enhance the existing quality of life, complement existing land use and result in a mixed, but predominantly residential community with a balanced economic base. Future Land Use Element Objective A -1 - Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate and complies in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. 3 Page 4 of 10; Planning and Zoning Board Meeting of 02.25.14 Amendment to apply CBD overlay to OSSHAD Future Land Use Element Objective A -4 The redevelopment of land and buildings shall provide for the preservation of historic resources. The objective shall be met through continued adherence to the City's Historic Preservation Ordinance and the following policies: Future Land Use Policy A -4.1 Prior to approval or recommending approval of any land use or development application for property located within a historic district or designated as a historic site, the Historic Preservation Board must make a finding that the requested action is consistent with the provisions of Section 4.5.1 of the Land Development Regulations (see below) relating to historic sites and districts and the "Delray Beach Design Guidelines ". Pursuant to LDR Section 4.5.1(A), Historic Preservation Sites and Districts: In recognition of findings as set forth in the original enactment of Ordinance 13 -87; passed March 10, 1987, this Section is created in order to provide for the identification, preservation, protection, enhancement, perpetuation, and the use of districts, archeological sites, buildings, structures, improvements, and appurtenances that are reminders of past eras, events, and persons important in local, state, and national history; that provide significant examples of architectural styles of the past; that are unique and irreplaceable assets to the City and its neighborhoods; or that provide this and future generations with examples of the physical surroundings in which past generations lived; and other purposes. Future Land Use Policy A -4.2 In order to protect the City's historic resources, the Land Development Regulations shall include provisions for designation of historically significant buildings, structures, archaeological sites, or districts. The City shall conduct periodic neighborhood surveys to identify and evaluate potential historic resources. STAFF ANALYSIS: Objective A -1 noted above requires that development be complimentary to adjacent land uses. The proposed amendment would allow for the subject properties to be developed in a manner complimentary to those properties located on the east side of SE 1St Avenue, outside of the historic district and zoned CBD. The amendment would not provide for complimentary development with the historic properties in the historic district and would allow for the incursion of more intense development with reduced setback requirements and the potential for greater height. The OSSHAD zoning regulations were established as a mixed use district with less intensity with respect to uses, density, and scale and massing than those allowed in the CBD. The adjacent properties to the west and south are also zoned OSSHAD and consist of a mix of uses and building types, as well as both contributing and non - contributing structures. The proposal is not consistent with Objective A -4 which requires that the amendment provide for the preservation of historic resources through the redevelopment of land and buildings. Further, Policy A -4.1 requires that the Historic Preservation Board make a finding that the requested action is consistent with the provisions of Section 4.5.1 of the Land Development Regulations. The provisions of the Section are to provide for the preservation of districts, buildings, and structures. The proposed amendment not only fails to provide for historic preservation, it creates potential for further intensification of development, thereby discouraging the preservation of the historic structures located immediately to the west of and abutting the subject property. Moreover, the proposed amendment does not incentivize the preservation of the historic structures on their existing sites. Therefore, positive findings cannot be made as the proposed LDR text amendment is not consistent with and does not further the Goals, Objectives_ and Policies of the Comprehensive Plan Future Land Use Element. HOUSING ELEMENT,_GOAL AREA "A ": To maintain a safe and adequate supply of housing by preserving existing stable neighborhoods, stabilizing and enhancing neighborhoods that are in transition, and restoring and rehabilitating neighborhoods that have declined. 4 Page 5 of 10; Planning and Zoning Board Meeting of 02.25.14 Amendment to apply CBD overlay to OSSHAD Housing Element Objective A -10: The City shall support the conservation and rehabilitation of historically significant housing, especially where such housing is an identifying characteristic of a particular neighborhood. Housing Element Policy A -10.1 This objective will be implemented in accordance with the standards and criteria of Section 4.5.1 of the Land Development Regulations, Historic Preservation Sites and Districts. Housing Element Policy A -10.2 The City will promote the use of historic designations as a revitalization tool in its preparation of Neighborhood Plans for those areas which have a significant inventory of historic structures. Housing Element Objective A -12 To assist residents of the City in maintaining and enhancing their neighborhood environment, the City shall take steps to ensure that modifications in and around the neighborhood do not lead to its decline, such as those described in the following policies. Housing Element Policy A -12.3: In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Housing Element Policy A -12.4: The City will provide planning and technical assistance to implement neighborhood - supported initiatives aimed at preserving the character of existing residential areas. Such assistance may involve the formulation of regulations that would limit the size and scale of new homes to be consistent with existing structures within a defined neighborhood, and analysis of the housing inventory to determine if the area qualifies for designation as a historic district, and similar measures. STAFF ANALYSIS The increase of density within this historically designated area will allow development inconsistent with the established development pattern of the OSSHAD district. This desired development pattern is explained in the "Purpose and Intent" section of the LDRs and calls for encouraging the restoration or preservation of historic structures and, maintaining and enhancing the historic and pedestrian scale of the area. Uses and development densities and intensities that are currently allowed in the OSSHAD promote the preservation and adaptive reuse of all structures within the District. Increasing the intensity of use of the properties available under the CBD will have an adverse impact on the stability of this historic area and allow development inconsistent with the scale of the remainder of the historic district. Additionally, the proposed amendment has the potential to negatively affect the historic neighborhood environment of the Old School Square Historic District by impacting the safety, habitability, and stability of this predominantly residential area. Therefore, positive findings cannot be made, as the proposed LDR text amendment is not consistent with and does not further the Goals, Objectives and Policies of the Comprehensive _Plan Housing Element. V Page 6 of 10; Planning and Zoning Board Meeting of 02.25.14 Amendment to apply CBD overlay to OSSHAD CBD VS. OSSHAD As previously noted, the properties are currently regulated by those requirements listed in LDR Section 4.4.24 ( OSSHAD) which is a mixed use zoning district intended to: 1. Provide for mixed uses of residential, office, and commercial activities, with an emphasis on the arts, that will encourage the restoration or preservation of historic structures and, yet, maintain and enhance the historic and pedestrian scale of the area; 2. Stimulate greater awareness and pride in the City's architectural heritage, and create an atmosphere and feeling of "Old Delray Beach "; 3. Improve the environmental quality and overall livability of this Historic District and stabilize and improve property value therein, and; 4. Allow uses which promote preservation and adaptive reuse of all structures within the District. The CBD was "established in order to preserve and protect the cultural and historic aspects of downtown Delray Beach and simultaneously provide for the stimulation and enhancement of the vitality and economic growth of this special area. The regulations within the Central Core, within which the subject property lies, are "intended to result in development that preserves the downtown's historic moderate scale, while promoting a balanced mix of uses that will help the area evolve into a traditional, self- sufficient downtown. Further, "residential development is permitted at higher densities in this area than any other part of the city, in order to foster compact, pedestrian oriented growth that will support downtown businesses." There are clear differences between the purposes and intents of the OSSHAD and CBD zoning districts. Overall, the CBD does not emphasize the preservation of historic structures, but rather, strives to protect, historic aspects of the downtown, such as the scale, which is low - scale, particularly when looking to the surrounding municipalities and their larger height maximums. However, when compared with the historic districts, the CBD scale is not compatible in that it is taller and permits a significantly larger scale and massing. Therefore, the OSSHAD intent is more appropriate, as are its development requirements, with the intention to maintain the historic development pattern of the original Town of Delray neighborhood. As previously noted, the proposed amendment will allow the incursion of a more intense development having reduced setback requirements and a potential for greater height into an historic district having zoning regulations that established a mixed use district with a less intensity of uses, density, scale and massing. The chart below gives a comparison of the development standards applicable to the proposed amendment and conditions of the subject property: n. OSSHAD CBD - Central Core Difference Height* 35' 48' +13' Lot Coverage 40% - -- Cannot determine difference Open Space 25% 10% -15% Lot Size 8,000 square feet 0 - -- Lot Width 80' 0 - -- Lot Depth 100' 0 - -- n. Page 7 of 10; Planning and Zoning Board Meeting of 02.25.14 Amendment to apply CBD overlay to OSSHAD * Additional height exceptions would not apply, as identified in 4.4.13(F)(1). * See LDR Section 4.4.13 ** Pursuant to LDR Section 4.6.4(A)(1)(a)(ii). Otherwise, rear setback is 10' See Appendix A for a comparison of the permitted uses within both the OSSHAD and CBD zoning district. The surrounding area includes the CBD zoning district and the Old School Square Historic District (properties zoned OSSHAD). A majority of the properties adjacent to the subject properties contain contributing structures within the subject historic district, and will be the most affected by the proposed amendment. This is of concern as those properties that have not yet benefited from redevelopment could be further hindered as there would be less incentive for the rehabilitation and adaptive reuse of those properties. Further, the east -west alleyway in Block 69 serves as a physical boundary between those properties to the north which are already subject to the CBD uses and Development Standards, and the subject properties which make up portions of the,southern area of the historic district. Further, it appears that development that has occurred outside of the designated historic district is being used to justify inappropriate regulations within the historic district, such as the Worthing Place development, the Boueri Mixed -Use Building, and the pending SofA District Offices and Lofts project all located along the 7 OSSHAD CBD - Central Core Difference Lot Frontage 80' 0 - -- Setbacks ** 1st & 2"d Stories Up to 25' 5' -10', depending on 70 %- 90 %= 15' -20' Front 25' ground floor use; closer; 70 % -90% = 5' -10' max.; 10 %- 30 % =10' closer; 10 % -30% = 15' min. Side- Interior 7'6" 0' 7'6" closer 5' -10', depending on 70 %- 90 %= 5' -10' Side - Street 15' ground floor use; closer; 70 % -90% = 5' -10' max. 10 %- 30 % =No 10 % -30% = 15' min. difference Rear 10' 10' No Difference 3`d Story -Over 25' -48' The floor area for the At least 70% = 15' min.; Front third floor shall be Up to 30% = 5' -10' min. limited to 50% of the Cannot determine 0' or 10' second floor area and Side - Interior (depending on vehicular difference. the building setbacks or planes of the facade access to rear of property Side- Street are offset and varied to provide visual relief. See Front (above) Rear 10, 4th Story -- Over 37' At least 70% = 15' min.; Front Up to 30% = 5' -10' min. O'or10' Side- Interior ( OSSHAD height limit (depending on vehicular OSSHAD height limit is 35') access to rear of property) is 35' Side - Street See Front (above) Rear 22' * ** * Additional height exceptions would not apply, as identified in 4.4.13(F)(1). * See LDR Section 4.4.13 ** Pursuant to LDR Section 4.6.4(A)(1)(a)(ii). Otherwise, rear setback is 10' See Appendix A for a comparison of the permitted uses within both the OSSHAD and CBD zoning district. The surrounding area includes the CBD zoning district and the Old School Square Historic District (properties zoned OSSHAD). A majority of the properties adjacent to the subject properties contain contributing structures within the subject historic district, and will be the most affected by the proposed amendment. This is of concern as those properties that have not yet benefited from redevelopment could be further hindered as there would be less incentive for the rehabilitation and adaptive reuse of those properties. Further, the east -west alleyway in Block 69 serves as a physical boundary between those properties to the north which are already subject to the CBD uses and Development Standards, and the subject properties which make up portions of the,southern area of the historic district. Further, it appears that development that has occurred outside of the designated historic district is being used to justify inappropriate regulations within the historic district, such as the Worthing Place development, the Boueri Mixed -Use Building, and the pending SofA District Offices and Lofts project all located along the 7 Page 8 of 10; Planning and Zoning Board Meeting of 02.25.14 Amendment to apply CBD overlay to OSSHAD east side of SE 1't Avenue in the CBD, across from the subject properties. If development outside of the historic districts justifies changing regulations within the historic district, then the same rationale could be applied to other historic districts and/or individually designated properties. It should be noted that it was made clear during the review for the amendment adopted in 2000, which applied CBD overlay to the properties to the north in Block 69, that providing CBD overlay of permitted uses and development standards for those properties would not be precedent setting. The OSSHAD district is typified as a low intensity, mixed use district that allows single family residential, professional offices, boutiques, etc. The intensity allowed as principal uses as well as the more liberal development standards in the CBD zoning district, such as setbacks and height, for the subject property, is incompatible with the historic district. Consequently, a positive finding cannot be made with respect to LDR Section 2.4.5(M)(5). The Comprehensive Plan calls for the preservation of historic resources, which is not achieved by the proposed amendment. Therefore, a positive finding cannot be made that the amendments are consistent with and further the Goals, Objectives, and Policies of the Comprehensive Plan. The Community Redevelopment Agency (CRA) considered the subject LDR Amendments at its meeting of February 13, 2014; the consensus of the Board was to not support the proposed amendment. The Historic Preservation Board (HPB) considered the subject LDR Amendments at its meeting of February 19, 2014; the Board recommended approval on a vote of 4 -1 (Miller dissenting; Aponte and McDonald absent). Public Notice Since the proposed LDR text amendment is site specific, a public notice has been provided to property owners within a 500' radius of the subject properties. Letters of objection and support, if any, will be presented at the meeting. Page 9 of 10; Planning and Zoning Board Meeting of 02.25.14 Amendment to applv CBD overlav to OSSHAD A. Continue with direction. B. Move a recommendation of approval to the City Commission of the amendment to Land Development Regulation Section 4.4.24(6)(12) and 4.4.24(F)(1)(a), allowing the permitted uses and development standards excluding the exceptions to additional height in the CBD for Lots 16 — 18 of Block 69, and Lots 11 -12 and the North Half of Lot 13, and Lots 23 -25 of Block 70, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). C. Move a recommendation of denial to the City Commission of the amendment to Land Development Regulation Section 4.4.24(B)(12) and 4.4.24(F)(1)(a), allowing the permitted uses and development standards excluding the exceptions to additional height in the CBD for Lots 16 — 18 of Block 69, and Lots 11 -12 and the North Half of Lot 13, and Lots 23 -25 of Block 70, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is not consistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Section 2.4.5(M). (Motion to be phrased in the affirmative. See above.) Recommend denial to the City Commission of the amendment to Land Development Regulation Section 4.4.24(B)(12), 4.4.24(C), and 4.4.24(F)(1)(a), allowing the permitted uses and development standards excluding the exceptions to additional height in the CBD for Lots 16 — 18 of Block 69, and Lots 11 -12 and the North Half of Lot 13, and Lots 23 -25 of Block 70, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is not consistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Section 2.4.5(M). Motion to be j2hrased in the affirmative. See above. Attachments: • Appendix A — Chart of Permitted Uses within OSSHAD and CBD • LDR Section 4.4.13(B), (C), (F) • Exhibit "A" [Proposed Amendment] • Location Map • Justification Statement E Page 10 of 10; Planning and Zoning Board Meeting of 02.25.14 Amendment to apply CBD overlay to OSSHAD 10 APPENDIX A OSSHAD CBD - Central Core _ Permitted Uses !Vote: Each District provides listed examples of the types of uses, and these may vary between districts. Single family and duplex dwellings X - -- Business, Professional, Medical and X Governmental Offices X (Except Government Offices) Retail uses and/or facilities through specialty shops (single purpose businesses) X X Restaurants of a sit down nature X X Arts related businesses X X Educational and /or Instructional activities (including training, vocational, or craft schools, the X X arts, personal development, and libraries, museums, and social and philanthropic institutions) Libraries and museums X X Personal services (barbershops, beauty shops, salons, cosmetologists) X X Catering services X (not associated with a restaurant) X Bed and breakfast inns X X Group Home, Type 1 X Assisted Living Facilities X X Residential Licensed Service Providers Facilities X Nursing Homes X X Continuing Care Facilities - -- X General retail uses and /or facilities __ X Services and facilities (See 4.4.13(B)(3)) --- X Commercial Parking Lots and Parking Garages ___ X Multi- family Residential - -- X (Up to 30 units per acre Hotels, motels, bed and breakfast inns, and X residential -type inns (Bed & Breakfast Inn Only) X 10 ORDINANCE NO. 09--14 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD) ", SUBSECTION 4.4.24(B), "PRINCIPAL USES AND STRUCTURES" TO INCLUDE AN ADDITIONAL PROPERTY THAT IS ALLOWED THE PERMITTED USES OF THE CBD ZONING DISTRICT; AMENDING SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD) ", SUBSECTION 4.4.24(C), "ACCESSORY USES AND STRUCTURES PERMITTED" TO INCLUDE AN ADDITIONAL PROPERTY THAT IS ALLOWED THE ACCESSORY USES OF THE CBD ZONING DISTRICT; AMENDING SUBSECTION 4.4.24(F), "DEVELOPMENT STANDARDS ", TO INCLUDE AN ADDITIONAL PROPERTY IN THE OSSHAD DISTRICT THAT IS SUBJECT TO THE STANDARDS OF THE CBD ZONING DISTRICT; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on February 25, 2014 and voted to to approve the amendments. 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. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Section 4.4.24, "Old School Square Historic Arts District (OSSHAD) ", Subsection 4.4.24(B), "Principal Uses and Structures" of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: B. Principal Uses and Structures: The following types of uses are allowed within the OSSHAD as a permitted use: (1) Single family detached dwellings. (2) Duplex structures. (3) Business, Professional, Medical and Governmental Offices. (4) Retail uses and /or facilities through specialty shops (single purpose businesses) such as: bath shops, book stores, gift shops, florists, hobby shops, kitchen shops, boutiques, bicycle shops, excluding liquor stores, convenience stores and pharmacies. (5) Arts related businesses such as craft shops, galleries, and studios within which is conducted the preparation o£, display of, and /or sale of art products such as antiques, collectibles, custom apparel, jewelry, paintings, photography, picture framing, pottery, sculpture, stained glass. (6) Educational and /or Instructional activities including training, vocational, or craft schools, the arts, personal development, and libraries, museums, and social and philanthropic institutions. (7) Restaurants of a sit down nature such as a cafe, snack shop, full service dining but excluding any drive -in and /or drive- through facilities or features. cosmetologists. (8) Providing of personal services such as barbershops, beauty shops, salons, (9) Bed and Breakfast Inns, subject to the provisions of LDR Section 4.3.3(Y). (10) Catering services not associated with a restaurant, subject to the special regulations of Section 4.4.24(H). (11) Group Home, Type 1, pursuant to restrictions set forth in Section 4.3.3(1). (12) Within the following described areas, the uses allowed as permitted uses in Section 4.4.13(B) pursuant to the base district and special regulations of the Central Business District regulations shall also be allowed in the OSSHAD: (a) Lots 13 -16, Block 60 (b) Lots 1- 4, Block 61 (c) Lots 1- 7, Lots 16 - 18 and 19 - 24, Block 69 (d) Lots 11 -12 and the North Half of Lot 13, and Lots 23 -25 Block 70 (e) Lots 7- 8, and the South 34.75 feet of Lot 6, Block 75; and (e) Lots 1- 6, Block 76 (13) Assisted Living Facilities (14) Residential Licensed Service Providers Facilities (15) Nursing Homes Section 2. That Section 4.4.24, "Old School Square Historic Arts District (OSSHAD) ", Subsection 4.4.24(C), "Accessory Uses and Structures Permitted ", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: 2 ORD. NO. 09 -14 (B) Accessory Uses and Structures Permitted: The following uses are allowed when a part of, or accessory to, the principal use: (1) Uses and structures normally associated with residences such as: bird aviaries, dog houses and dog runs, garages, greenhouses, guest cottages, playhouses, pool houses and covers/ enclosures, pump houses, slat houses, storage sheds, workshops, swimming pools, and home occupations. (2) On a parcel that has as its principal use a non - residential use, there may be no more than two residential units, either within a separate structure or within a structure housing a non- residential use. (3) Family Day Care Home, pursuant to Section 4.3.3(1). (4) Parking lots and refuse storage areas (5) Outdoor dining areas which are accessory or supplemental to a restaurant or business use, provided the operation of the outdoor dining area is limited to daylight hours. (6) Within the following described areas, the uses allowed as accessory uses in Section 4.4.13(C) pursuant to the base district and special regulations of the Central Business District regulations shall also be allowed in the OSSHAD: (a) Lots 13 -16, Block 60 (b) Lots 1- 4, Block 61 (c) Lots 1- 7, Lots 16 - 18 and 19 - 24, Block 69 (d) Lots 11 -12 and the North Half of Lot 13, and Lots 23 -25; Block 70 (e) Lots 7- 8, and the South 34.75 feet of Lot 6, Block 75; and (e) Lots 1- 6, Block 76 Section 3. That Section 4.4.24, "Old School Square Historic Arts District (OSSHAD) ", Subsection 4.4.24(F), "Development Standards ", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (F) Development Standards: The development standards as set forth, for the OSSHAD District, in Section 4.3.4 apply, except for as modified below: (1) The following locations shall be subject to the development standards of the Commercial Core (CC) area of the CBD Zone District, excluding exceptions to height limitations provided in Section 43.40)(4): (a) Lots 1- 7, Lots 16 — 18 and 19 - 24, Block 69 (b) Lots 11--12 and the North Half of Lot 13, and Lots 23 -25, Block 70 3 ORD. NO. 09-14 (c) Lots 7- 8, and the South 34.75 feet of Lot 6, Block 75; and (c) Lots 1- 6, Block 76 (2) The following locations shall be subject to the development standards of the West Atlantic Neighborhood (WAN) area of the CBD Zone District: (a) Lots 13 -16, Block 60 (b) Lots 1- 4, Block 61 (3) Parcels located along N.E. 1st Avenue between N.E. 2nd Street and N.E. 3rd Street (Banker's Row) shall comply with either provisions of Section 4.3.4 or provisions of the Banker's Row Development Plan, whichever is more permissive. (4) Except for properties identified in Sections 4.4.24(F) (1) and (2) and the Old School Square Cultural Arts Complex, the maximum width of a building fronting a street shall be limited to 60' and shall have a minimum separation of 15' between buildings fronting a street in a development site that contains more than one structure. (5) The floor area for the third floor shall be limited to 50% of the second floor area and the building setbacks or planes of the facade are offset and varied to provide visual relief. (6) Notwithstanding the provisions of Section 4.4.24(F)(4), or elsewhere in this code, residential -type inn developments, shall be permitted to connect adjacent on -site buildings using all- weather, covered walkways, that are constructed of not less than seventy percent (70 %) vertical transparent glass or similar material. Said walkways shall be on the ground floor only, shall be located not closer than fifteen (15) feet from the front building face, and may be joined to elevators, lobbies, or accessory use facilities permitted herein. (7) All properties located within the Old School Square Historic District and are subject to the provisions of Section 4.5.1. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section S. 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 upon its adoption on second and final reading. 4 ORD. NO. 09 -14 PASSED AND ADOPTED in regular session on second and final reading on this the day of 2014. M AYOR ATTEST: City Clerk First Reading Second Reading ORD. NO, 09-14 OVERLAY OSSHAD PROPOSED CONTRIBUTING NON - CONTRIBUTING CONTRIBUTING NON - CONTRIBUTING DISTRICT BOUNDARIES PROPERTIES �rluu N " is ■ • ■ A A e ■ MEN ■ �� ■ter �� N 199011111111111- PROPOSED LDR AMENDMENT CBD OVERLAY CfTY OF D @CRAY BEACH, FL PLANNING k ZONING DEPARTMENT 1 -STORY 2 -STORY AND MORE CBD ZONING OVERLAY OSSHAD PROPOSED CONTRIBUTING NON - CONTRIBUTING CONTRIBUTING NON - CONTRIBUTING DISTRICT BOUNDARIES PROPERTIES �FI I L A K E I D A R 0 A D �'rr�lY� ` • r i o N11 W /1 TO I I3 I a z 0 m 0 12 2I 10 4 I �� 010 ■ �" s�� a� 2 FinedTY FEDERAL I- 8AN U-) 4 L,J Ul IO 24 10 N OSSHAD LOTS SUBJECT TO CBD REGULATIONS --Ndmmr- ■• ■ ■ ■ ■ ■ ■ OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD) CITY OF DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT ®- EXISTING LOTS - PROPOSED LOTS O� �i - BLOCK NUMBER 5 -LOT NUMBER -- DIGITAL BASE MAP SYSTEM -- MAP REF: S: \Planning & 7oning \DBMS \Proje0s \H1st Districts \OSSHAD Lots Subject to CBD Regulations SECTION 4.4.24 Section 4.4.24 Old School Square Historic Arts District ( OSSHAD) (A) Purpose and Intent: The Old School Square Historic Arts District ( OSSHAD) is a mixed use district which is intended to: (1) Provide for mixed uses of residential, office, and commercial activities, with an emphasis on the arts, that will encourage the restoration or preservation of historic structures and, yet, maintain and enhance the historic and pedestrian scale of the area; [Amd. Ord. 13 -93 2123193] (2) Stimulate greater awareness and pride in the City's architectural heritage, and create an atmosphere and feeling of "Old Delray Beach "; (3) Improve the environmental quality and overall livability of this Historic District and stabilize and improve property value therein, and; (4) Allow uses which promote preservation and adaptive reuse of all structures within the District. [Amd. Ord. 13 -93 21231931 (B) Principal Uses and Structures: The following types of uses are allowed within the OSSHAD as a permitted use: (1) Single family detached dwellings. [Amd. Ord. 59 -04 11116104] (2) Duplex structures. [Amd. Ord. 59 -04 11116104] (3) Business, Professional, Medical and Governmental Offices. [Amd. Ord. 59 -04 11116104] (4) Retail uses and/or facilities through specialty shops (single purpose businesses) such as: bath shops, book stores, gift shops, florists, hobby shops, kitchen shops, boutiques, bicycle shops, excluding liquor stores, convenience stores and pharmacies. [Amd. Ord. 35 -10 101191101; [Amd. Ord. 59 -04 11116104] (5) Arts related businesses such as craft shops, galleries, and studios within which is conducted the preparation of, display of, and /or sale of art products such as antiques, collectibles, custom apparel, jewelry, paintings, photography, picture framing, pottery, sculpture, stained glass. [Amd. Ord. 59 -04 11116104] (6) Educational and/or Instructional activities including training, vocational, or craft schools, the arts, personal development, and libraries, museums, and social and philanthropic institutions. [Amd. Ord. 59 -04 11116104]; [Amd. Ord. 13 -93 2123193] (7) Restaurants of a sit down nature such as a cafe, snack shop, full service dining but excluding any drive -in and/or drive - through facilities or features. [Amd. Ord. 59 -04 11116104]; [Amd. Ord. 13 -93 2123193] 4.4-117 SECTION 4.4.24 (B) (8) (8) Providing of personal services such as barbershops, beauty shops, salons, cosmetologists. [Amd. Ord. 59 -04 11116104] (9) Bed and Breakfast Inns, subject to the provisions of LDR Section 4.3.3(Y). [Amd. Ord. 11 -10 71201101; [Amd. Ord. 59 -04 11116104] (10) Catering services not associated with a restaurant, subject to the special regulations of Section 4.4.24(H). [Amd. Ord. 59 -04 11116104]; [Amd. Ord. 5 -00 3121100] (11) Group Home, Type 1, pursuant to restrictions set forth in Section 4.3.3(1). [Amd. Ord. 59 -04 11116104]; [Amd. Ord. 23 -01 511101] (12) Within the following described areas, the uses allowed as permitted uses in Section 4.4.13(B) pursuant to the base district and special regulations of the Central Business District regulations shall also be allowed in the OSSHAD: [Amd. Ord. 59 -04 11116104]; [Amd. Ord. 23 -01 511101]; [Amd. Ord. 5 -00 3121100] (a) Lots 13 -16, Block 60 (b) Lots 1- 4, Block 61 (c) Lots 1- 7 and 19 -24, Block 69 [Amd. Ord: 47 -99 114100] (d) Lots 7- 8, and the South 34.75 feet of Lot 6, Block 75; and [Amd. Ord. 79 -04 1118105] (e) Lots 1-- 6, Block 76 (13) Assisted Living Facilities [Amd. Ord. 01 -10 11191101 (14) Residential Licensed Service Providers Facilities [Amd. Ord. 10 -11 415111] (15) Nursing Homes [Amd. Ord. 10 -11 415111] (C) Accessory Uses and Structures Permitted: The following uses are allowed when a part of, or accessory to, the principal use: (1) Uses and structures normally associated with residences such as: bird aviaries, dog houses and dog runs, garages, greenhouses, guest cottages, playhouses, pool houses and coverslenclosures, pump houses, slat houses, storage sheds, workshops, swimming pools, and home occupations. (2) On a parcel that has as its principal use a non - residential use, there may be no more than two residential units, either within a separate structure or within a structure housing a non - residential use. [Amd. Ord. 59 -04 11116104]; [Amd. Ord. 13- 93 2123193] DELETED (a), (b), (c). [Amd. Ord. 59 -04 111161041 (3) Family Day Care Home, pursuant to Section 4.3.3(T). [Amd. Ord. 25 -10 10119110] 4.4 -118 SECTION 4.4.24 (C) (4) (4) Parking lots and refuse storage areas (5) Outdoor dining areas which are accessory or supplemental to a restaurant or business use, provided the operation of the outdoor dining area is limited to daylight hours. [Amd. Ord. 13 -93 21231931 (6) Within the following described areas, the uses allowed as accessory uses in Section 4.4.13(C) pursuant to the base district and special regulations of the Central Business District regulations shall also be allowed in the OSSHAD: [Amd. Ord. 57 -07 1103108] (a) Lots 13 -16, Block 60 (b) Lots 1- 4, Block 61 (c) Lots 1- 7 and 19 -24, Block 69 (d) Lots 7- 8, and the South 34.75 feet of Lot 6, Block 75; and (e) Lots 1- 6, Block 76 (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the OSSHAD: DELETED (1) AND (2) AND RENUMBERED. [Amd. Ord. 59 -04 11116104] (1) Outdoor dining which operates at night or which is the principal use or purpose of the associated restaurant. [Amd. Ord. 59 -04 11116104]; [Amd. Ord. 13 -93 2123193] (2) Child Care, and Adult Day Care. [Amd. Ord. 10 -11 415111]; [Amd. Ord. 20 -08 4115108];[Amd. Ord. 59 -04 11116104]; [Amd. Ord. 4 -04 213104]; [Amd. Ord. 35 -00 112101] (3) Public Parking lots not associated with a use. [Amd. Ord. 38 -07 215108]; [Amd. Ord. 59 -04 111161041 (4) Residential -type inns, not to exceed more than eighteen (18) individually leased suites or rooms per acre. [Amd. Ord. 59 -04 11116104], [Amd, Ord. 9 -98 2117198] (5) Group Home, Type 2, and Community Residential Homes, pursuant to restrictions set forth in Section 4.13(1). [Amd. Ord. 59 -04 11116104], [Amd. Ord. 23- 01 511101] (6) Large Family Child Care Home, subject to Section 4.3.3(TT). [Amd. Ord. 25 -10 10119110] (E) Review and Approval Process: (1) All principal uses and accessory uses thereto, which do not require a permit shall be allowed upon application to, and approval by, the Chief Building Official. [Amd. Ord. 59 -04 11116104] 4.4-119 SECTION 4.4.24 (E) (2) (2) Structures which require a building permit for external work must receive approval from the Historic Preservation Board, or the Director of Planning and Zoning or designee, as applicable, through the issuance of a Certificate of Appropriateness. [Amd. Ord. 59 -04 11116104] (3) For new development, or a change in use which results in the requirement to provide additional parking, approval must be granted from the Historic Preservation Board pursuant to Sections 2.4.5 (F), (H), and (1). [Amd. Ord. 59 -04 11116104] (4) Conditional uses must be approved pursuant to Section 2.4.5(E). Prior to action by the Planning and Zoning Board, the conditional use request must be reviewed by the Historic Preservation Board with a recommendation forwarded to the Planning and Zoning Board. [Amd. Ord. 59 -04 11116104] (F) Development Standards: The development standards as set forth, for the OSSHAD District, in Section 4.3.4 apply, except as modified below: [Amd. Ord. 59 -04 11116104]; [Amd. Ord. 13 -93 2123193] (1) The following locations shall be subject to the development standards of the Commercial Core (CC) area of the CBD Zone District, excluding exceptions to height limitations provided in Section 4.3.4(J)(4): [Amd, Ord. 64 -04 11116104]; [Amd. Ord. 59 -04 11116104]; [Amd. Ord. 21 -04 514104]; [Amd. Ord. 13 -93 2123193] (a) Lots 1- 7 and 19 -24, Block 69 [Amd. Ord. 21 -04 514104]; [Amd. Ord. 47 -99 114100] (b) Lots 7- 8, and the South 34.75 feet of Lot 6, Block 75; and [Amd. Ord. 79 -04 1118105]; [Amd. Ord. 21 -04 514104] (c) Lots 1- 6, Block 76 [Amd. Ord. 21 -04 514104] (2) The following locations shall be subject to the development standards of the West Atlantic Neighborhood (WAN) area of the CBD Zone District:: [Amd. Ord. 64- 04 11116104]; [Amd. Ord. 21 -04 514104]; (a) Lots 13 -16, Block 60 [Amd. Ord. 21 -04 514104] (b) Lots 1- 4, Block 61 [Amd, Ord. 21 -04 514104] (3) Parcels located along N.E. 1st Avenue between N.E. 2nd Street and N.E. 3rd Street (Banker's Row) shall comply with either provisions of Section 4.3.4 or provisions of the Banker's Row Development Plan, whichever is more permissive. [Amd. Ord. 21 -04 514104]; [Amd. Ord. 13 -93 2123193] (4) Except for properties identified in Sections 4.4.24(F)(1) and (2) and the Old School Square Cultural Arts Complex, the maximum width of a building fronting a street shall be limited to 60' and shall have a minimum separation of 15' between buildings fronting a street in a development site that contains more than one structure. [Amd. Ord. 59 -04 11116104] (5) The floor area for the third floor shall be limited to 50% of the second floor area and the building setbacks or planes of the facade are offset and varied to provide visual relief. [Amd. Ord. 59 -04 11116104] 4.4-120 SECTION 4.4.24 (F) (6) (6) Notwithstanding the provisions of Section 4.4.24(F)(4), or elsewhere in this code, residential -type inn developments, shall be permitted to connect adjacent on -site buildings using all- weather, covered walkways, that are constructed of not less than seventy percent (70 %) vertical transparent glass or similar material. Said walkways shall be on the ground floor only, shall be located not closer than fifteen (15) feet from the front building face, and may be joined to elevators, lobbies, or accessory use facilities permitted herein. [Amd. Ord. 01 -12 8121112]; [Amd. Ord. 59 -04 11116104] (7) All properties located within the Old School Square Historic District and are subject to the provisions of Section 4.5.1. Amd. Ord. 01 -12 8121112] (G) Supplemental District Regulations: Supplemental district regulations as set forth in Article 4.6, except as modified herein, apply: (1) Parcels located along N.E. 1st Avenue between N.E. 2nd Street and N.E. 3rd Street (Banker's Row) shall comply with either provisions of Article 4.6 of these Supplemental District Regulations [Subsection (G)], or provisions of the Banker's Row Development Plan, whichever is more permissive. [Amd. Ord. 13 -93 2123193] (2) The perimeter landscaping requirements of Section 4.6.16(H)(3)(e) shall not apply. [Amd. Ord. 13 -93 2123193] (3) All parking, except for single family homes and duplexes, shall be located in the side or rear yard or adjacent to a rear alley. No such parking shall be located in the area between any street and the closest building or structure. Where there are existing buildings or structures, the Historic Preservation Board may waive this requirement during the site plan review process, provided that it is determined that compliance is not feasible and that the character of the area will be maintained. if approved, such parking shall be substantially screened from off - premises view by a hedge or decorative fencing. [Amd. Ord. 13 -93 2123193] (4) Parking Requirements: [Amd. Ord. 83 -93 1111194] (a) All non - residential uses, with the exception of restaurants, and business and professional offices, shall provide one parking space per 300 sq.ft. of total new or existing gross floor area being converted to non - residential use. This requirement may be reduced to one parking space per 400 sq.ft. of gross floor area, or by at least one space, where there is a mix of residential and non - residential use in the same structure. [Amd. Ord. 01 -09 1120109]; [Amd. Ord. 83 -93 1111194] [Amd. Ord. 13 -93 21231931 (b) Restaurants shall provide six spaces per one thousand square feet of total new or existing floor area being converted to restaurant use, except for Lots 1 through 6 in Block 69 where 12 spaces per 1,000 square feet of gross floor area up to 6,000 sq. ft. and then 15 spaces per 1,000 sq. ft. of gross floor area over the initial 6,000 sq, ft. is required. [Amd. Ord. 29 -11 9120111]; [Amd. Ord. 83 -93 1111194] 4.4-121 SECTION 4.4.24 (G) (4) (c) (c) Residential -type inns shall provide one parking space per guest room /unit. Other accessory uses shall be calculated separately based upon square footage of the use area as provided for in subsections 4.4.24 (G) (4) (a) and (b) above. [Amd. Ord. 9 -98 2117198] (d) Business and professional offices shall provide one (1) space per 300 sq. ft. of total new or existing net floor area being converted to office use. This requirement may be reduced to one parking space per 400 sq.ft. of net floor area, or by at least one space, where there is a mix of residential and office use in the same structure. [Amd. Ord. 01 -09 1120109] (5) If the required parking is not or cannot be provided on -site or off -site, or it is just inappropriate to provide it on site, the in -lieu fee option provided in Section 4.6.9(E)(3) may be collected. For the purpose of this provision, "inappropriateness" may be considered in relationship to the historic character of this zone district. [Amd. Ord. 21 -11 812111]; [Amd. Ord. 13 -93 2123193] (6) When the parking requirements are applied to either new development, expansion of an existing use or a change in use, which results in the requirement of only one new parking space, a one space exemption shall be allowed. This exemption may only occur once per property. [Amd. Ord. 01 -12 8121112]; [Amd. Ord. 6 -01 2/20/01] () and Buildings: Properties located within a 7 Historic Districts Sites, a Historic District or Individually Designated Sites, as listed on the Local Register of Historic Places in Section 4.5.1(I), shall comply with the Visual Compatibility Standards of Section 4.5.1(E)(8). [Amd. Ord. 01 -12 8121112] (H) Special District „ (1) The gross floor area of residential units within a structure containing permitted non - residential use(s) shall not exceed 50% of the gross floor area of the structure within which they are located. [Amd. Ord. 38 -07 215108] ;[Amd, Ord. 13 -93 2123193] (2) Residential uses shall comprise no less than 10% of the uses in the OSSHAD District as expressed by the exclusive use of individual parcels, other than condominium ownerships. The existence of an occupational license, except for one issued for a home occupation, shall establish that such a parcel is non - residential. [Amd. Ord. 13 -93 2123193] (3) Residential -type inns shall create a transitional or buffer area between residential uses and non - residential uses (such as office, commercial, etc.) which are either on or near the subject property. [Amd. Ord. 9 -98 2117198] (4) A residential -type inn shall be associated with an historic structure and must be residential in design, scale and character. [Amd. Ord. 9 -98 2117198] (5) Catering services cannot exceed 2,000 sq. ft. of total floor area and shall not have overnight storage of more than two vehicles, which shall not exceed 1 -112 ton capacity. [Amd. Ord. 5 -00 3121100] E,XMF *a SECTION 4.4.24 (H) (6) (6) 24 -Hour or late night businesses as defined herein must be processed as a conditional use and are subject to the provisions of Section 4.3.3(V1/). [Amd. Ord. 41- 01 8/7101] (7) Duplex structures must have an integrated design to give the appearance of a single family dwelling. [Amd. Ord. 59 -04 11116104] 4.4-123 SECTION 4.4.13 Section 4.4.13 Central Business (CBD) District: (A) Purpose and Intent: The Central Business District (CBD) Zone District is established in order to preserve and protect the cultural and historic aspects of downtown Delray Beach and simultaneously provide for the stimulation and enhancement of the vitality and economic growth of this special area. Establishment of the CBD District is consistent with and implements, in part, Objective C -4 of the Land Use Element of the Comprehensive Plan. The CBD District is generally applied to territory depicted in the Commercial Core designation on the Future Land Use Map. The areas described below and shown in Figures 4.4.13 -1, 4.4.13 -2 and 4.4.13 -3 provide for development that is consistent with the adopted Downtown Delray Beach Master Plan. [Amd. Ord. 64 -04 11/16104]; [Amd. Ord. 21 -04 514104] Central Core: The regulations are intended to result in development that preserves the downtown's historic moderate scale, while promoting a balanced mix of uses that will help the area evolve into a traditional, self- sufficient downtown. Residential development is permitted at higher densities in this area than any other part of the city, in order to foster compact, pedestrian oriented growth that will support downtown businesses. [Amd. Ord. 21 -04 514104] Figure 4.4.13 -1 -- Central Core 4.4-58 ME ik - I I n — WI �` ■ I �_ ®� II � Illlhl VIII i® ®u ®i ®i� n iiii iii ®� p■ �_® n�� . n ID ■ p ■ n — I inn p nl Figure 4.4.13 -1 -- Central Core 4.4-58 SECTION 4.4.13 (A) Beach Area: The goal for this area is to "preserve and enhance the character of these areas, the public condition of the beach, the vitality of its center, and the natural environment." The Master Plan calls for redevelopment of existing buildings in a manner that places storefronts close to the street and parking in the rear. Where existing buildings are separated from the pedestrian ways by wide landscaped areas, the addition of arcades and new building square footage to bring the storefronts closer to the street is encouraged. [Amd. Ord. 21 -04 5/4104] Figure 4.4.13 -2 — Beach Area 4.4-59 Ell 111 _ � _ 0 C _ IIIIII� Milli ®■ = ■ � — ■ ■■ ■� -- — -°IS �1111� � ■® — . ■_.1111 It ■� ter■ ■ nllllnl I Il 1111111 _ ""� zz —�— 111 _ �_ _ ■■■ �- ■ 111 111 Illlll ®_ ■ 1111 lull E --Immmmp-- BEACH AREA :. DISTRICT Figure 4.4.13 -2 — Beach Area 4.4-59 SECTION 4,4.13 (A) West Atlantic Avenue Neighborhood: The goal for this area is to provide for development that is consistent with the adopted West Atlantic Avenue Redevelopment Plan and the Downtown Delray Beach Master Plan. The emphasis is on the preservation and enhancement of existing neighborhoods, while promoting a pedestrian friendly commercial area along Atlantic Avenue that contains a mix of residential, commercial and civic functions. Businesses that are oriented toward serving the local neighborhood, as opposed to a regional area, are encouraged. [Amd. Ord, 64 -04 11116/04] 1 vi�� ■ � ®Iii ■■ 11 f11N1 1 � � 1 its ■ 1111■ 111111 __ � ■�� ■� Iloilo millif ME — Jim= ME i 11� i — ® ■,� � ® ® —IIIG IIII ■ GIIII ■ Iii GZ ■ II ■ ■ = _ __ 1 _off � m ■ ®■ ■_ ®■ 11111 ® -"�'� � :e m ® �� Iii =� � ®— � ■ � ®` I� _® —� - =� — _ _ ® — IIIIIGI 111 1■ 1111■ - ® = _ ®® IIIII II —_ - - = =1 X11 -_ ■=_ - � fl N —+1111111m— WEST ATLANTIC NEIGHBORHOOD Cm c BELRAY BEACH, FL CBD (CENTRAL BUSINESS DISTRICT) ZONED DISTRICT PLMNNG d ZVNING E:E1AR1MLNf -- D r6A. 6455 A P 5/ ,EO Figure 4.4.13 -3 — West Atlantic Neighborhood 4.4-60 SECTION 4.4.13 (B) (B) Principal Uses and Structures Permitted: The following types of use are allowed within the CBD District as a permitted use: (1) General retail uses and /or facilities, including, but not limited to: [Amd. Ord. 35 -10 10119110]; [Amd. Ord. 22 -99 7120199] (a) Antiques, arts and crafts, automotive parts, baked goods, books, carpet and floor covering, cheeses, beer, wine, liquor, confectioneries, cosmetics, meats, draperies and slipcovers, pharmacies, electrical fixtures and supplies, fabrics, fish, flowers and plants, fruits and vegetables, food, garden supplies, gifts, glassware, hardware and paints, home furnishings, ice cream, lawn care equipment, leather goods, luggage, medical and surgical equipment, music and musical instruments, nautical supplies, office furniture equipment and supplies, pets and pet supplies, photographic equipment and supplies, sewing supplies, sporting goods, toys, wearing apparel and accessories, appliances, bicycles, business machines, jewelry. [Amd. Ord. 35 -10 10119110]; [Amd. Ord. 22 -99 7120199] (2) Business, Professional and Medical uses pursuant to restrictions set forth in Section 4.4.13(H)(1) including, but not limited to: [Amd. Ord. 09 -10 7120110]; [Amd. Ord. 45 -06 9119106]; [Amd. Ord. 22 -99 71201991 (a) Interior decorating, medical and dental clinics, medical and dental laboratories, photographic studios, printing and publishing, business, medical and professional offices. [Amd. Ord. 09 -10 7120110]; [Amd. Ord. 22 -99 7120199] (3) Services and facilities including, but not limited to: (a) Auctions, barber and beauty shops and salons, caterers, dry cleaning limited to on -site processing for customer pickup only, dry cleaning and laundry pickup stations, laundromats limited to self - service facilities, pet grooming, restaurants excluding drive -in and drive - through, outdoor cafes, tailoring, tobacconist, vocational schools limited to arts and crafts, business, beauty, dancing, driving, gymnastics, photography, modeling, and karate -judo, small item repair, and rental of sporting goods and equipment (such as but not limited to bicycles, skates, boogie boards). With the exception of bicycles with an electric - helper motor as defined in section 72.02, Delray Beach Code of Ordinances, all rented sporting goods must be non- motorized. [Amd. Ord. 36 -11 10118111]; [Amd, Ord. 15 -98 4121198] (b) Galleries, broadcast studios, butcher shops, cocktail lounges, exercise facilities e.g. gyms and clubs, museums, libraries, newsstands, commercial or public parking lots and parking garages. (c) Public open space plazas [Amd. Ord. 32 -09 814109] 4.4-61 SECTION 4.4.13 (13) (4) (4) Multi - family dwelling units, including residential licensed service provider facilities, but excluding duplexes, up to a maximum density of thirty (30) units per acre except for the West Atlantic Neighborhood or Beach District, where the maximum density is twelve (12) dwelling units per acre. [Amd. Ord. 10 -11 415111]; [Amd. Ord. 64 -04 11/16104]; [Amd. Ord. 8 -98 213198]; [Amd. Ord. 80 -95 12151951 (5) Hotels, motels, and residential -type inns except in the West Atlantic Neighborhood. [Amd. Ord. 11 -10 7120110]; [Amd, Ord. 64 -04 11116104]; [Amd. Ord. 9 -98 2117198] (6) Assisted Living Facilities, Nursing Homes, and Continuing Care Facilities, up to a maximum density of thirty (30) units per acre except for the West Atlantic Neighborhood or Beach District, where the maximum density is twelve (12) dwelling units per acre. [Amd. Ord. 10 -11 4/5111]; [Amd. Ord. 01 -10 1119110]; [Amd. Ord. 20- 08 4115108] (7) Bed and Breakfast Inns, except in the West Atlantic Neighborhood, subject to the provisions of Section 4.3.3(Y). [Amd. Ord. 11 -10 7120110] (C) Accessory Uses and Structures Permitted: The following uses are allowed when a part of, or accessory to, the principal use: (1) Parking lots. (2) Refuse and service areas. (3) Provision of services and repair of items incidental to the principal use. (4) Storage of inventory either within the same structure as where the sale of goods occurs or in a separate structure on the same parcel provided that such storage facilities are not shared or leased independent of the primary commercial use of the site. (5) A single family residence, either separate or within a structure housing a nonresidential use, provided that the residence is occupied by the owner, proprietor, or employee of a business enterprise conducted on the property. (6) Recreational facilities attendant to a multi - family residential development, such as tennis courts, swimming pools, exercise areas, and meeting rooms. [Amd. Ord. 80 -95 1215195] (7) Single level mechanical parking lifts for in -fill development projects that have been vacant for a minimum period of one (1) year, pursuant to the requirements of Sections 4.6.9(D)(11) and 4.6.9(F)(4). [Amd. Ord. 02 -08 2/19108]; [Amd. Ord. 34 -07 9118107] (8) Family day care home pursuant to Section 4.3.3(T). [Amd. Ord. 25 -10 10119110] 4.4-62 SECTION 4.4.13 (D) (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the CBD District: DELETED NUMBERS AND RENUMBERED. [Amd. Ord. 10 -11 415111];[Amd. Ord. 20 -08 4115108] (1) Amusement game facilities limited to such uses as pinball, air hockey, electronic games, and other similar coin operated games when an attendant is on duty. (2) Child care and adult day care. (3) Financial institutions, e.g., banks and similar institutions including drive through facilities pursuant to restrictions set forth in Section 4.4.13(H)(1). [Amd. Ord. 45 -06 9119106]; [Amd. Ord. 70 -04 114105] (4) Funeral homes including accessory uses, such as, a chapel, crematory, and the like. [Amd. Ord. 70 -04 114105] (5) Gasoline stations or the dispensing of gasoline directly into vehicles, except that such use shall not be allowed in the West Atlantic Neighborhood, the Beach District, nor on lots which front along Atlantic Avenue or N.E. 2nd Avenue (alk/a Pineapple Grove Way), beginning at a point 105' south of N.E. 4th Street. [Amd. Ord. 70 -04 114105]; [Amd. Ord. 64 -04 11116104]; [Amd. Ord. 22 -99 7120199] (6) Recreational establishments such as bowling alleys, gymnasiums, health spas, miniature golf courses, skating rinks. [Amd. Ord. 70 -04 114105] (7) Veterinary clinics, [Amd. Ord. 70 -04 114105]; [Amd. Ord. 14 -91 02126191] (8) Movie theaters, excluding drive -ins. [Amd. Ord. 70 -04 114105] (9) Playhouses, dinner theaters, and places of assembly for commercial entertainment purposes (e.g., concerts, live performances). [Amd. Ord. 70 -04 114105] (10) Flea markets, bazaars, merchandise marts, and similar retail uses. [Amd. Ord. 70 -04 114105]; [Amd. Ord. 51 -92 10127192] (11) Wash establishment, with automatic /mechanical systems only, for vehicles, except that such use shall not be located east of the Intracoastal Waterway or on lots which front along Atlantic Avenue. Further, this use must be established on property with a minimum lot area of 20,000 sq.ft. [Amd. Ord. 70 -04 114105]; [Amd. Ord. 51 -93 10126193] (12) Multi- family dwelling units, including residential licensed service provider facilities and assisted living facilities, but excluding duplexes, at a density greater than thirty (30) units per acre, on property located south of N.E. 2nd Street and north of S.E. 2nd Street, subject to the standards and limitations of Section 4.4.13(I).[Amd. Ord. 47 -11 1131121; [Amd. Ord. 10 -11 415111]; [Amd. Ord. 70 -04 114105]; [Amd. Ord. 54- 01 111201011; [Amd. Ord. 8 -98 213198] (13) Group Home, Type 2 and Community Residential Homes, pursuant to restrictions set forth in Section 4.33(l). [Amd. Ord. 70 -04 114105]; [Amd. Ord. 23 -01 5/1/011 4.4-63 SECTION 4.4.13 (D) (14) (14) Restaurants, Cocktail Lounges, Hotels, and Residential Type Inns may provide their required parking as valet parking, subject to the provisions of Section 4.6.9(F)(3). [Amd. Ord. 70 -04 114105]; [Amd. Ord. 37 -01 7110101] (15) Drive -in or drive - through restaurants on property located within the West Atlantic Neighborhood. [Amd. Ord. 70 -04 114105]; [Amd. Ord. 64 -04 11116104] (16) Hotels, motels, and residential -type inns on property located within the West Atlantic Neighborhood. [Amd. Ord. 11 -10 7120110]; [Amd. Ord. 70 -04 114105]; [Amd. Ord. 64-04 11/16/041 (17) Free standing or mixed -use residential development, including residential licensed service provider facilities and assisted living facilities at a density greater than twelve (12) units per acre, but not exceeding 30 units per acre, on property located within the West Atlantic Neighborhood, subject to the standards and limitations of Section 4.4.13(1). [Amd. Ord. 47 -11 113112]; [Amd. Ord. 10 -11 415111]; [Amd. Ord. 27 -07 8121107]; [Amd. Ord. 70 -04 114105]; [Amd. Ord. 64 -04 11116104] (18) Bed and Breakfast Inns within the West Atlantic Neighborhood, subject to the provisions of LDR Section 4.3.3(Y) [Amd. Ord. 11 -10 7120110] (19) Live/Work Unit, subject to Section 4.3.3 (KKK). [Amd. Ord. 23 -10 1015110] (20) Large Family Child Care Home subject to Section 4.3.3(TT). [Amd. Ord. 25 -10 10119110] (21) Segway Tours and Segway Sales pursuant to restrictions set forth in Section 4.3.3(ZZZZ). [Amd. Ord. 04 -11 415111] (E) Review and Approval Process: (1) In established structures, uses shall be allowed therein upon application to, and approval by, the Chief Building Official for an occupational license. (2) For any new development, approval must be granted by the Site Plan Review and Appearance Board (SPRAB) pursuant to Sections 2.4.5(F), 2.4.5(H), and 2.4.5(I), unless the property is located within a designated historic district or is individually designated. [Amd. Ord. 01 -12 8121112] (3) Conditional uses must be approved pursuant to the provisions of Section 2.4.5(E). (4) Applications for conditional use approval pursuant to Section 4.4.13(1) must include, in addition to the standard application items of 2.4.3(A), a site and development plan (including landscaping, elevations, and floor plans) that are of sufficient detail to determine that the applicable performance standards are being met. Final approval of the detailed site plan is by the Site Plan Review and Appearance Board. [Amd. Ord. 8 -98 2131981 4.4-64 SECTION 4.4.13 (E) (5) (5) The process for modification of a conditional use and site plan approved pursuant to Section 4.4.13 (1) is as follows: [Amd. Ord. 8 -98 213198] (a) Modifications to any aspect of the plan that was a basis for determining compliance with the applicable performance standards shall be processed as a modification to the conditional use approval. [Amd. Ord. 8 -98 213198] (b) Modifications to the plan that do not affect the application of the performance standards may be processed as a site plan modification. [Amd. Ord. 8 -98 213198] (6) All development applications which are processed through either the Planning and Zoning Board, SPRAB, or HPB shall be referred to the Downtown Development Authority and the Community Redevelopment Agency prior to action by the approving body. [Amd. Ord. 01 -12 8121112]; [Amd. Ord. 8 -98 213198] (7) Any development of properties located within a Historic District or Individually Designated Sites as listed on the Local Register of Historic Places in Section 4,5.1(1) is subject to review by the Historic Preservation Board, pursuant to Section 2.2.6(D). [Amd, Ord. 01 -12 8121112] (F) Development Standards: The development standards set forth in Section 4.3.4 shall apply, except as modified below. In case of conflict with other applicable development regulations, this Section shall apply: [Amd. Ord. 24 -95 5116195] (1) H� ight: The CBD is a geographic area in which exceptions to height regulations are allowed pursuant to Section 4.3.4(J). [Amd. Ord. 21 -04 514104] (a) Overall Height of buildings shall be a minimum of twenty -five feet (25') and a maximum of forty -eight feet (48') in height. Exceptions to the height limitations shall comply with Section 4.3.4(J)(3) and (4). For the purposes of this section, height is defined as the vertical distance from grade to the highest finished roof surface of a flat roof, or the soffit above the last habitable floor of a gable, hip or gambrel roof. Amd. Ord. 6 -07 315107] (b) Arcade Height shall be a minimum ten feet (10'), measured from finished arcade floor to finished arcade ceiling. 4.4-65 SECTION 4.4.13 (F) (1) (c) (c) Floor Height shall be a minimum of ten feet (10') for ground floors and a minimum height of nine feet (9) for all other floors. Hotel /Motel and all suite lodging shall have a minimum floor height of eight feet six inches (8'6 ") for all floors, provided that the lobby and all public rooms shall have a minimum floor height of ten feet (10'). 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 equipment rooms are exempted from the floor height regulations. Amd. Ord. 6 -07 315107] NOTE EXEMPTIONS TO 25 FT. MIN. HECOHT ARE PROVI050 48 FT, BUILDING IN 4AA3(F�(I)(C) AZOVr. HEiGi 4T I 9 FT. MIN, 10 FT. 17 MK f 12A M i !f . Figure 4.4.13 -4 — Building Height Requirements [Amd. Ord. 6 -07 315107] (2) Open Space: A minimum of 10% non- vehicular open space shall be provided, except as follows: [Amd. Ord. 01 -12 8121112]; [Amd. Ord. 22 -99 7120199]; [Amd. Ord. 24 -95 5116195] (a) There shall be no minimum open space requirement within the area encompassed by the boundaries of the original Downtown Development Authority as described in Section 8.2.2(8); within the Pineapple Grove Main Street area; or east of the Intracoastal Waterway. [Amd. Ord. 01 -12 8121112] (b) The body acting upon a development application for a property 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. [Amd. Ord. 01- 12 8121112] 4.4-66 SECTION 4.4.13 (F) (3) (3) Building Frontage: [Amd. Ord. 6 -07 315107]; [Amd. Ord. 64 -04 11116104]; [Amd. Ord. 21--04 514104] (a)' The building frontage for an interior lot is the portion of the lot abutting the primary street minus the minimum required side setbacks. (b) The building frontage for the primary street side of a corner lot is the portion of the lot abutting the primary street minus the minimum required side setbacks. (c) The building frontage for the secondary street side of a corner lot is the portion of the lot abutting the secondary street minus the minimum required front and rear setbacks. (d) Frontage and setbacks shall be taken from the property line, or if a dedication is required, from the resulting property line after dedication. Figure 4.4.13 -5 — Building Frontage (4) Front Setbacks: [Amd. Ord. 6 -07 316107] (a) The following minimum front setbacks shall apply in all districts: 1. For buildings with residential uses on ground floor: ten feet (10') 2. For buildings with nonresidential uses on the ground floor: five feet (5') 3. For arcaded buildings fronting on A-1 -A or on Atlantic Avenue within the West Atlantic and Beach Area districts: zero feet (0') 4.4-67 LLI r i lire PRIMARY �.- PRIMARY -- STREET 0i 90/1' try -� ililllil� R.O.W. �1�1�1� i �1�11� Figure 4.4.13 -5 — Building Frontage (4) Front Setbacks: [Amd. Ord. 6 -07 316107] (a) The following minimum front setbacks shall apply in all districts: 1. For buildings with residential uses on ground floor: ten feet (10') 2. For buildings with nonresidential uses on the ground floor: five feet (5') 3. For arcaded buildings fronting on A-1 -A or on Atlantic Avenue within the West Atlantic and Beach Area districts: zero feet (0') 4.4-67 SECTION 4.4.13 (F) (4) (b) (b) In addition to Section 4.4.13(F)(4)(a) above, for buildings fronting on A- 1-A, Atlantic Avenue in the West Atlantic Neighborhood and Beach Districts, and on NE and SE 5th and NE and SE 6th Avenues: LOWER LEVELS - Ground floor to thirty -seven feet (37'): A minimum of seventy percent (70 %) and a maximum of ninety percent (90 %) of the building frontage shall be set back no greater than ten feet (10') from the property line. The remaining length of the building shall be setback a minimum of fifteen feet (15') from the property line. 2. UPPER LEVELS - above thirty -seven feet (37') to forty -eight feet (48'): At least seventy percent (70 %) of the frontage shall be set back a minimum of fifteen feet (15') from the property line. The remaining length of the building shall comply with the minimum required setbacks. The floor area for each floor contained within the portion of the structure that is thirty -seven feet (37') to forty -eight feet (48') in height shall not exceed seventy percent (70 %) of the floor area contained within the allowable ground level footprint. (c) In addition to Section 4.4.13(F)(4)(a), above, for buildings fronting on other rights -of -way in the CBD: 1. LOWER LEVELS - Ground floor to twenty -five feet (25'): A minimum of seventy percent (70 %) and a maximum of ninety percent (90 %) of the building frontage shall be set back no greater than ten feet (10') from the property line. The remaining length of the building shall be set back a minimum of fifteen feet (15') from the property line. 2. UPPER LEVELS - above twenty -five feet (25') to forty -eight feet (4$'): At least seventy percent (70 %) of the frontage shall be set back a minimum of fifteen feet (15') from the property line. The remaining length of the building shall comply with the minimum required setbacks. The floor area for each floor contained within the portion of the structure that is twenty -five feet (25') to forty -eight feet (48') in height shall not exceed seventy percent (70 %) of the floor area contained within the allowable ground level footprint. 4.4-68 SECTION 4.4.13 (F) (4) (d) (d) In addition to Section 4.4.13(F)(4)(a), above, where allowed: UPPER LEVELS — above forty -eight feet (48'): At least ninety percent (90 %) of the frontage shall be set back a minimum of thirty feet (30') from the property line. The remaining length of the building shall comply with the minimum required setbacks. The floor area for each floor contained within the portion of the structure that exceeds forty -eight feet (48') in height shall not exceed fifty percent (50 %) of the floor area contained within the allowable ground level footprint. (e) Exceptions: Three (3) story town homes having residential uses on all three levels are not required to comply with upper level frontage and floor area requirements. Ground floor frontage and setback requirements shall apply. Each story shall not exceed twelve feet (12') in height. 2. Modifications to the frontage requirements may be permitted to accommodate stair towers, elevator shafts, life and safety elements, other non - habitable elements of the structure, sight visibility triangles, vehicular access ways, and utilities. In all cases the modification shall be the minimum required to accommodate the necessary feature. 3. Lots of record with a width of fifty feet (50') or less shall be exempted from the building frontage requirements provided a minimum five foot (5') to maximum ten foot (10') setback is provided for the portion of the building from finished grade to twenty -five feet (25') in height and a minimum fifteen foot (15') setback is provided above a height of twenty -five feet (25') and above forty -eight feet (48') a thirty foot (30') minimum setback from the property line shall apply. 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. 5. Parking garages, subject to minimum front and street side setbacks of ten feet (10'), and a minimum setback of five feet (5) from any alley right of way. Parking garages must comply with the requirements of Section 4.6.18(B)(14)(vi)(4). 4.4-69 SECTION 4.4.13 (F) (4) (e) 6. 6. 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 civic buildings such as libraries, cultural facilities, municipal buildings, etc. (f) Supplemental: 1. The front setback area shall be finished with paving materials to match the existing or planned sidewalks within the adjacent right -of- way. 2. Building and site design shall incorporate Crime Prevention Through Environmental Design (CPTBD) standards to the greatest extent possible. 3. Arcades shall have a minimum width of ten feet (10'), inclusive of columns or pilasters up to a maximum width of two feet (2'). (5) Side Interior Setbacks for all buildings shall be as follows: [Amd. Ord 21- 04 5/4104] (a) Zero feet (0') from the property line if there is vehicular access available to the rear of any structure, or (b) Ten feet (10') from the property line where no vehicular access is available to the rear of any structure. For a side interior lot, a ten foot (10') setback is required only on one (1) side. (c) Buildings shall also comply with Section 4.6.4(A), as applicable. [Amd Ord. 6 -07 315107] (6) Side Street Building Frontage and Setbacks [Amd. Ord. 64 -04 1111 6104; [Amd. Ord. 21 -04 514104] (a) Side street setbacks shall be taken from the property line, or if a dedication is required, from the resulting property line after dedication. (b) Side street building frontage and setbacks shall comply with the applicable requirements in Section 4.4.13(F)(4). [Amd. Ord. 6 -07 315107] (c) Corner lots may continue primary frontage setbacks for a distance of sixty feet (60') from the front property line or if a dedication is required from the resulting property line after dedication. [Amd. Ord. 6 -07 315107] 4.4-70 SECTION 4.4.13 (F) (6) (c) Figure 4.4.13 -6 — Corner lots [Amd. Ord. 6 -07 315107] (7) Rear Setbacks [Amd. Ord. 6 -07 3151071 (a) All building floors shall be a minimum of ten feet (10') from the property line. (b) Buildings shall also comply with Section 4.6.4(A), as applicable. (8) Structures Allowed Within Setback [Amd. Ord. 21 -04 514104] (a) Balconies may encroach a maximum of four feet (4) into the setbacks. (b) Loggias and Trellises above the ground floor are allowed to encroach into the setbacks provided they do not exceed the required building setback of the portion of the floor directly below it. (c) Roof Eaves may encroach into the setbacks a maximum of four feet (4'). 4.4-71 SAME DEVELOPMENT STANDARDS MAY APPLY TO FIRST 60 FT. e C] / r 0 60 FT. PRIMARY R.0,W, Figure 4.4.13 -6 — Corner lots [Amd. Ord. 6 -07 315107] (7) Rear Setbacks [Amd. Ord. 6 -07 3151071 (a) All building floors shall be a minimum of ten feet (10') from the property line. (b) Buildings shall also comply with Section 4.6.4(A), as applicable. (8) Structures Allowed Within Setback [Amd. Ord. 21 -04 514104] (a) Balconies may encroach a maximum of four feet (4) into the setbacks. (b) Loggias and Trellises above the ground floor are allowed to encroach into the setbacks provided they do not exceed the required building setback of the portion of the floor directly below it. (c) Roof Eaves may encroach into the setbacks a maximum of four feet (4'). 4.4-71 SECTION 4.4.13 (F) (8) ROOF EAVES MAX. 4 FT, OPEN TRELLISES AND LOGGIA~ -- BALCONIES 4 FT. MAX. �} PROPERTY LINE Figure 4.4.13 -7 — Encroachments (9) Historic Districts, and In addition to the above, properties located within a Historic District or Individually Designated Sites, as listed on the Local Register of Historic Places in Section 4.5.1(I), are subject to the provisions of Section 4.5.1. [Amd. Ord. 01 -12 8121112] (G) Supplemental District Re ulations: In addition to the supplemental district regulations as set forth in Article 4.6, except as modified below, the following shall also apply. (1) Central Core and Beach Area supplemental Regulations: [Amd. Ord. 64-04 11116104] (a) Within that portion of the CBD bounded by Swinton Avenue on the west, N.E. 2nd Street on the north, the Intracoastal Waterway on the east and S.E. 2nd Street on the south, the parking requirements for all non - residential uses, except restaurants, hotels and motels, business and professional offices, and call centers, shall be one space for each 300 square feet of gross floor area or fraction thereof. The parking required for the creation of new floor area, shall also include the replacement of any previously required parking which may be eliminated. Within all other geographic areas of the Central Core and Beach Area within the CBD Zone District, the provisions of Section 4.6.9(C) shall apply, as further modified within this Subsection (G)(1). [Amd. Ord. 08 -13 4116113]; [Amd. Ord. 01 -09 1120109]; [Amd. Ord. 35 -07 9118107]; [Amd. Ord. 64 -04 11116104]; [Amd. Ord. 61 -01 118102]; [Amd. Ord. 4 -01 216101]; [Amd. Ord. 63 -93 11123193] 4.4-72 SECTION 4.4.13 (G) (1) (b) (b) When the parking requirements are applied to either new development, expansion of an existing use or a change in use, which results in the requirement of only one new parking space, a one space exemption shall be allowed. This exemption may only occur once per property. [Amd. Ord. 6 -01 2120101]; [Amd. Ord. 63 -93 11123193] (c) If the required parking is not or cannot be provided on -site or off -site, the in -lieu fee option provided in Section 4.6.9(E)(3) may be applied. [Amd. Ord. 21 -11 812111]; [Amd. Ord. 63 -93 11123193] (d) For all property located from Swinton Avenue on the west to NE/SE 6th Avenue to the east, between Atlantic Avenue and the east -west alleys on the north and south sides of Atlantic Avenue, as shown on the Town of Linton Plat (P.B. 1, P.G. 3), the parking requirement for restaurants is established at 12 spaces per 1,000 square feet of gross floor area up to 6,000 sq. ft. and then 15 spaces per 1,000 sq. ft. of gross floor area over the initial 6,000 sq. ft., with the exception of Old School Square. The parking requirement for restaurants in the balance of the Central Core and Beach Area is established at six (6) spaces per 1,000 sq. ft. of gross floor area. [Amd. Ord. 29 -11 9120111]; [Amd. Ord. 01 -09 1120109]; [Amd. Ord. 63 -93 11123193] (e). The parking requirement for hotels and motels within that portion of the CBD bounded by Swinton Avenue on the west, N.E. 2nd Street on the north, the Intracoastal Waterway on the east and S.E. 2nd Street on the south is established at 0.7 of a space for each guest room plus one (1) space per 300 sq. ft. of floor area devoted to ballrooms, meeting rooms, and shops and 12 spaces per 1,000 square feet of gross floor area up to 6,000 sq. ft. and then 15 spaces per 1,000 sq. ft. of gross floor area over the initial 6,000 sq. ft., for restaurants and lounges within a hotel or motel on property located from Swinton Avenue on the west to NE/SE 5th Avenue to the east, between Atlantic Avenue and the east -west alleys on the north and south sides of Atlantic Avenue, as shown on the Town of Linton Plat (P.B. 1, P.G. 3). In the balance of the Central Core and Beach Area, the minimum parking requirement is six (6) spaces per 1,000 sq. ft. of gross floor area devoted to restaurants and lounges within the hotel or motel. [Amd. Ord. 29 -11 9120111]; [Amd. Ord. 01 -09 1120109]; [Amd. Ord. 35 -07 9118107] 4.4-73 SECTION 4.4.13 (G) (1) (f) (f) The parking requirements for residential units in multi- family structures and mixed -use buildings shall be as follows: [Amd. Ord. 37 -99 101'19199] • Efficiency dwelling unit 1.0 space /unit • One bedroom dwelling unit 1.25 spaces/unit • Two or more bedroom dwelling unit 1.75 spaces /unit • Guest parking shall be provided cumulatively as follows: - for the first 20 units 0.50 spaces /unit - for units 21 -50 0.30 spaces /unit - for units 51 and above 0.20 spaces/unit (g) Within Townhouse and Townhouse type developments, parking may be provided in front of garage units provided that such parking does not result in the space for one unit impeding access to a space of the other unit. [Amd. Ord. 01 -12 8121112]; [Amd. Ord. 37 -01 7110101] (h) Location of Guest Parking Spaces: Guest parking spaces must be accessible to all visitors and guests and may be centralized or located near recreational features within a development project. [Amd. Ord. 01 -12 8121112]; [Amd. Ord. 6 -03 5120103] (i) The parking requirement for business and professional offices within the following portions of the CBD is established at one (1) space per 300 sq. ft. of net floor area. [Amd. Ord. 01 -12 8121112]; [Amd. Ord. 01 -09 1120109]; [Amd. Ord. 07 -09 313109] 1. The portion of the CBD bounded by Swinton Avenue on the west, N.E. 2nd Street on the north, the Intracoastal Waterway on the east and S.E. 2nd Street on the south; [Amd. Ord. 07 -09 313109] 2. The portion of the CBD bounded by N.E. 5th Avenue on the west, N.E. 6th Avenue on the east, N.E. 2nd Street on the south and George Bush Blvd. on the north; and [Amd. Ord. 07 -09 313109] 3. The portion of the CBD bounded by S.E. 5th Avenue on the west, S.E. 6th Avenue on the east, S.E. 2nd Street on the north and S.E. 4th Street on the south. [Amd. Ord. 07 -09 313109] 4.4-74 SECTION 4.4.13 (G) (2) (2) West Atlantic Neighborhood Supplemental District Regulations: The following supplemental district regulations apply in the West Atlantic Avenue Overlay District as defined in Section 4.5.6(6): [Amd. Ord. 64 -04 11116104] (a) Commercial structures are limited to a maximum depth of 150 feet from the ultimate right -of -way of Atlantic Avenue, unless the parcel has frontage on N.W. 5th Avenue or S.W. 5th Avenue. Accessory uses such as parking areas, landscaping, and drainage retention areas may extend beyond the 150 foot limit. Establishment or expansion of structures beyond the 150 foot limit may be allowed as a conditional use, subject to the required findings of Section 2.4.5(E)(5). (b) There is no restriction on repair and/or reconstruction of non- conforming single family residences located a minimum of 150 feet from Atlantic Avenue. (c) Six (6) parking spaces per 1,000 square feet of gross floor area are required for restaurants and one (1) parking space per 300 square feet of gross floor area is required for all other non - residential uses, except hotels and motels, and business and professional offices. Parking spaces for residential uses are required at the rates established in Section 4.6.9(C)(2). [Amd. Ord. 01 -09 1120109] (d) The parking requirement for hotels and motels is established at 0.7 of a space for each guest room plus one (1) space per 300 sq. ft. of floor area devoted to ballrooms, meeting rooms, and shops and six (6) spaces per 1,000 sq. ft. of floor area devoted to restaurants and lounges within the hotel or motel. (e) If the required parking is not or cannot be provided on -site or off -site, the in -lieu fee option provided in Section 4.6.9(E)(3) may be applied. [Amd. Ord. 21 -11 812/11] (f) Parking areas and accessways to parking lots must be located to the rear of commercial structures that have frontage on Atlantic Avenue. Where locating parking to the rear of the structure is impossible or inappropriate, the Site Plan Review and Appearance Board may approve an alternate location. (g) The parking requirement for business and professional offices is established at one (1) space per 300 sq. ft. of net floor area. [Amd. Ord. 01 -09 1120109] (3) Historic Districts, Sites, and Buildings: Properties located within a Historic District or Individually Designated Sites, as listed on the Local Register of Historic Places in Section 4.5.1(I), shall comply with the Visual Compatibility Standards of Section 4.5.1(E)(8). [Amd. Ord. 01 -12 8121112] 4.4-75 SECTION 4.4.13 (H) (H) Special Regulations: (1) Office uses including financial institutions (e.g. banks, savings and loans, credit unions, and mortgage offices) shall not be allowed on the ground floor within businesses which have an entry from and/or windows along and/or frontage on Atlantic Avenue in the Central Core Area or the Beach Area. Office uses shall be allowed up to 50% of the ground floor as a permitted use within businesses which have an entry from and/or windows along and/or frontage on Atlantic Avenue in the West Atlantic Area and as a Conditional Use if greater than 50 %. Office uses are allowed on floors other than the ground floor along Atlantic Avenue and on all floors elsewhere in the CBD district. This regulation shall not apply to existing buildings in the Central Core Area or the Beach Area that have 80% or more of their frontage at a setback of 25 feet or greater. [Amd. Ord. 21 -07 6119/07]; [Amd. Ord. 45 -06 9119106] (2) The sale of second hand material, other than verifiable antiques, shall not be allowed within businesses nor on properties which have an entry from and/or windows along and/or frontage on Atlantic Avenue or N.E. 2nd Avenue (alkla Pineapple Grove Way) between East Atlantic Avenue and N.E. 4th Street. [Amd. Ord. 45 -06 9119106]; [Amd. Ord. 64 -04 11116104]; [Amd. Ord. 22 -99 7120199]; [Amd. Ord. 14 -98 3117198]; [Amd. Ord. 58 -90 12111190] (3) The sale of automotive parts, firearms, and lawn care equipment, shall not be allowed within the West Atlantic Neighborhood nor within businesses or on properties which have an entry from and/or windows along and/or frontage on East Atlantic Avenue or N.E. 2nd Avenue (a /k /a Pineapple Grove Way) between East Atlantic Avenue and N.E. 4th Street. [Amd. Ord. 45 -06 9119106]; [Amd. Ord. 64 -04 11116104] (4) The picking -up, dropping -off, or otherwise transporting workers, assigned through an employment agency, from an assembly point in the CBD to the work site is prohibited, except within the West Atlantic Neighborhood area provided the structure involved does not have an entrance from and/or windows facing West Atlantic Avenue. [Amd. Ord. 45 -06 9119106]; [Amd. Ord. 64 -04 11116/04] (5) Within the West Atlantic Neighborhood, all permitted uses with drive - through facilities shall require conditional use approval. [Amd. Ord. 45 -06 9119106]; [Amd. Ord. 64 -04 11/16104] (6) Minimum floor area for multi - family residential dwelling units shall be as established for the Medium Density Residential (RM) zoning district in Section 4.3.4(K). [Amd, Ord. 45 -06 9119106]; [Amd. Ord. 8 -98 213198]; [Amd. Ord. 80 -96 1215195] (7) Multi - family dwelling units may be located in structures that are comprised of residential units only or in mixed -use buildings that contain a combination of residential and non - residential uses. However, where residential uses are located in structures having frontage on Atlantic Avenue, NW /SW 5th Avenue or N.E. 2nd Avenue (a /k /a Pineapple Grove Way), there must be nonresidential uses fronting the Avenue on the ground floor. In lieu of providing non - residential uses fronting the west side of N.E. 2"d Avenue between N.E. 3rd Street and N.E. 4th Street (hereinafter referred to as the 4.4-76 SECTION 4.4.13 (H) (7) exception area), the developer may elect to provide a building and property fronting on N.E. 2nd Avenue at the intersection of N.E. 3rd Street and N.E. 2"d Avenue which shall be conveyed to the City for Community Facility purposes and dedicate an area for Open Space in the northeast corner at the intersection of N.E. 2nd Avenue and N.E. 0 Street. The purpose of the alternative is to encourage pedestrian travel, promotion of the Arts, the provision of needed Open Space, encouraging public art and to provide space for an entry way feature, all of which is in keeping with the vision for Pineapple Grove. If the developer chooses the alternative in the exception area instead of providing non- residential uses, he must submit a developer's agreement containing terms acceptable to the City at the time of application of a building permit. [Amd. Ord. 47 -06 101031061; [Amd. Ord. 45 -06 9119106]; [Amd. Ord. 64 -04 11116104]; [Amd. Ord. 22 -99 7120199]; [Amd. Ord. 8 -98 213198]; [Amd. Ord. 80 -95 1215195] (8) The rental of sporting goods and equipment shall be limited to no more than one business renting a specific category of item (i.e. bicycles, skates, etc.) every 300 feet measured in a straight line from door to door, and any outdoor displays are subject to the restrictions set forth in Section 4.6.6(C)(3). [Amd. Ord. 45 -06 9119106]; [Amd. Ord. 15 -98 4121198] (9) 24 -Hour or late night businesses as defined herein must be processed as a conditional use and are subject to the provisions of Section 4.3.3(VV). [Amd. Ord. 45- 06 9119106]; [Amd. Ord. 41 -01 817101] DELETED SUBPARAGRAPHS 4.4.93(H) (3) AND (4) IN THEIR ENTIRETY. [Amd. Ord. 33 -95 6120195] (I) 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 thirty (30) dwelling units per acre in the Commercial Core or twelve (12) units per acre in the West Atlantic Neighborhood. [Amd. Ord. 64 -04 11116104]; [Amd. Ord. 8 -98 213198] (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. [Amd. Ord. 52 -08 11118108]; [Amd. Ord. 19 -06 414106]; [Amd. Ord. 54 -01 11120101]; [Amd. Ord. 8 -98 213198] 4.4-77 SECTION 4.4.13 (I) (2) (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: [Amd. Ord. 19 -06 414106]; [Amd. Ord. 64- 04 11116/04]; [Amd. Ord. 8 -98 213198] (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 mullions, quoins, decorative tiles, or similar distinguishing features. [Amd. Ord. 21 -04 514104]; [Amd. Ord. 8 -98 2131981 (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. [Amd. Ord. 21 -04 514104]; [Amd. Ord. 8 -98 213198] (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. [Amd.Ord.8 -98 213198] (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. [Amd. Ord. 21 -04 5!4104]; [Amd. Ord. 8-98 213198] 4.4-78 SECTION 4.4.13 (I) (2) (e) (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. [Amd. Ord. 8 -98 213198] (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.). [Amd. Ord. 8-98 213198] (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. [Amd. Ord. 8 -98 213198] (h) Projects fronting on Atlantic Avenue, NW /SW 5th Avenue, N.E. 1st Street, or S.E. 1st Street contain nonresidential uses on the ground floor. At least seventy -five percent (75 %) 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. [Amd. Ord. 64 -04 11116104]; [Amd. Ord. 21 -04 514104]; [Amd. Ord. 8-98 213198] (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. [Amd. Ord. 21 -04 514104] (3) It is acknowledged that it may not be possible for projects which involve the modification of existing structures to comply with many of the above referenced standards. For those types of projects, the ultimate density should be based upon compliance with those standards which can be reasonably attained, as well as the project's ability to further the goal of revitalizing the central business district (i.e., adaptive reuse of older structures and the provision of housing in close proximity to employment opportunities and services). [Amd. Ord. 8 -98 213198] 4.4-79 MEMORANDUM TO: Mayor and City Commissioners FROM: Terry Stewart, City Manager DATE: June 23, 2014 SUBJECT: AGENDA ITEM 10.D. - REGULAR COMMISSION MEETING OF JULY 1, 2014 ORDINANCE NO. 29 -14 (SECOND READING) BACKGROUND At the first reading on June 17, 2014, the Commission passed Ordinance No. 29 -14. DISCUSSION This ordinance is before Commission for second reading to consider an amendment to Chapter 91, "Animals ", by enacting a new Section 91.18, "Retail Sale of Dogs and Cats ", to provide for regulations regarding dog and cat sales; and amending Chapter 37, "Code Enforcement ", Section 37.45, "Supplemental Code Enforcement Procedures ", Subsection (Q), "Civil Penalties ", to provide penalties. TIMING OF THE REQUEST This item is not time sensitive. RECOMMENDATION The City Attorney's Office recommends City Commission discretion. ORDINANCE NO. 29 -14 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 91, "ANIMALS ", BY ENACTING A NEW SECTION 91.18, "RETAIL SALE OF DOGS AND CATS" TO PROVIDE FOR REGULATIONS REGARDING DOG AND CAT SALES; AND AMENDING CHAPTER 37, "CODE ENFORCEMENT ", SECTION 37.45, "SUPPLEMENTAL CODE ENFORCEMENT PROCEDURES ", SUBSECTION (Q), "CIVIL PENALTIES" TO PROVIDE PENALTIES; PROVIDING A SAVING CLAUSE, A GENERAL, REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach desires to ensure that all dogs and cats are treated humanely and desires to prohibit substandard breeding facilities known as "puppy mills" or "kitten mills," that mass - produce animals for sale to the public, many of which are sold at retail in pet stores; and WHEREAS, because of the lack of proper animal husbandry practices at those facilities, animals born and raised there are more likely to have genetic disorders and lack adequate socialization, while breeding animals utilitzed there are subject to inhumane housing conditions and are indiscriminately disposed of when they reach the end of their profitable breeding cycle; and WHEREAS, while not all dogs and cats sold are the products of inhumane breeding conditions and not every commercial breeder selling dogs or cats to pet stores operates "puppy mills" or "kitten mills," the City Commission believes that "puppy mills" and "kitten mills" continue to exist in part because of public demand and the sale of dogs and cats that are purchased from substandard breeding facilities; and WHEREAS, the City Commission believes that prohibiting the retail sale of dogs and cats obtained from puppy mills in the City will promote community awareness of animal welfare and, in turn, will foster a more humane environment in the City; and WHEREAS, the City Commission believes that the prohibition of the sale of dogs and cats obtained from puppy mills in the City will also encourage pet consumers to adopt dogs and cats from shelters, thereby saving animals' lives and reducing the cost to the public of sheltering animals. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 91, "Animals ", Section 91.18, "Retail Sale of Dogs and Cats ", of the Code of Ordinances of the City of Delray Beach is hereby amended to read as follows: Sec. 91.18 — RETAIL SALE OF DOGS AND CATS. A. Definitions. For the purpose of this chapter: (1) Animal Rescue Organisation means a duly incorporated nonprofit organization devoted to the rescue, care, and adoption of stray, abandoned, or surrendered animals and which does not breed animals. (2) Animal Shelter means a municipal or related public animal shelter or dull incorporated nonprofit organization devoted to the rescue, care, and adoption of stray, abandoned, or surrendered animals, and which does not breed animals. (3) Cat means an animal of the Felidae family of the order Carnivore. (4) Certificate of Source means a document declaring the source of origin of the dog or cat sold or transferred, or offered for sale or transfer, b): the pet store. The certificate shall include the name and address of the original source of the dog or cat and license information if the original source breeder is licensed by the United States Department of Agriculture and shall be signed by both the pet store certif)g the accuracy of the certificate, and b,T� purchase or transferee of the companion animal acknowledging receipt of the certificate. ( Dog means an animal of the Canidae family of the [orderl Carnivora. (6) O4er4),for Sale means to display, sell, deliver, offer for sale or adoption, advertise for the sale of barter, auction, give away or otherwise dispose of a dog or cat. (7) Pet Store means any retail establishment located within the City of Delray Beach and that is open to the public and sells, transfers, or offers for sale or transfer, dogs and /or cats, including puppies and kittens, regardless of the age of the dog or cat. (8) Pet ,Store Werator means a person who owns or operates a pet store, or both. (9) Pu4bv Mills or Kitten Mills. a. A Puol)y Mill or Kitten Mill means a facility where dogs or cats are bred whether licensed by the USDA or not, and where any two O of the following conditions are found to exist: 1. More than twent,�(20) puppies (under the age of 12 weeks) more than twent„L(20) kittens (under the age of 16 weeks) are kept at a single time: 2. No genetic (heredity) health testing appropriate for the breed is conducted: ORD. NO. 29 -14 3. No long -term (over one (1) 3�ear) guarantees are offered; 4. A single female is bred ever, T� cle; 5. A single female is bred more than five (5 times; 6. There are no records of the dogs' parents; 7. More than eight () dogs or kittens are kept in a single cage or fenced area. (10) Retailer means an): person licensed or required to be licensed under this chapter who offers for sale any dog or cat in the City of Delray Beach. (11) Rescue Organi.ation means an): not - for - profit organization that has tax exempt status under Section 501() 3) of the United States Internal Revenue or whose mission and practice is, in whole or in significant part, the rescue and placement of dogs and cats. B. Pu4t)v Mills Prohibited. It shall be unlawful for an): person or entity to establish, operate or maintain a puptw mill in the Cit,v of Delray Beach. C. Sale or Transfer of Dogs andl or Cats. No pet store, retailer, or individual located within the City of Delray Beach shall display, sell, trade, deliver, barter, lease, rent, auction �iv��awa):, transfer, offer for sale, or otherwise dispose of dogs or cats obtained from a pupn,T D. Certificate o ,Source. (1) All pet stores or retailers within the Cit,v of Delray Beach shall post and maintain in a conspicuous place, on or within three (3) feet of each animal's kennel, cage or enclosure, a certificate of source of each dog or cat offered for sale or transfer, and shall provide a copy of such certificate to the purchaser or transferee of an): dog or cat sold or transferred. (2) Any law enforcement officer or employee of a city or county animal shelter may, at an time, request to review copies of such certificates and, upon such request; the pet store or retailer must present such certificates at that time and without delay E. Adoption of Shelter and Rescue Animals. (1) Nothing in this section shall prevent a pet store, retailer, or its owner, operator, or employ, from providing space and appropriate care for animals owned bLpubliclLperated animal control agency, nonprofit humane society, or nonprofit animal rescue agency that is registered ORD. NO. 29 -14 with the count, and maintained at the pet store for the purpose of adopting those animals to the public. F. An312et store or retailer that is lawfull3� operating on the adoption date of this section shall be permitted to continue its sales of dogs and cats even if it is not in compliance with this section for a period of time not to exceed one (1) year from the effective date of the ordinance creating this section. G. Violations-Enforcement. (1) An3person who violates this section shall be subject to the penalties set forth in Chapter 37 of the Code of Ordinances. (2) Additionally, the Ci , may initiate a civil action in a court of competent jurisdiction to enjoin any violation of this section. Section 2. That Chapter 37, "Code Enforcement ", Section 37.45, "Supplemental Code Enforcement Procedures ", Subsection (Q), "Civil Penalties ", shall hereby be amended as follows: Q) Civil Penalties. Code Civil Penalty Code Section Desai tion qf Violation I Noncontested Contested CITY CODE OF ORDINANCES ANIMALS 91.18 Unlawful retail sales of dogs and cats obtained 400.00 500.00 from a pupnv mill /Failure to post or falsified certificate of source 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. hereby repealed. Section 5. final reading. That all ordinances or parts of ordinances in conflict herewith be, and the same are That this ordinance shall become effective immediately upon its passage on second and 4 ORD. NO. 29 -14 PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2014. MAYOR ATTEST: City Clerk First Reading Second Reading ORD. NO. 29 -14 Page 1 of 2 MEMORANDUM TO: Mayor and City Commissioners FROM: Terrill Pyburn, Interim City Attorney DATE: June 23, 2014 SUBJECT: AGENDA ITEM 11.A. - MEETING OF JULY 1. 2014 ORDINANCE NO. 29 -14 BACKGROUND The attached proposed ordinance was drafted pursuant to the Commission's request at the April 8, 2014 workshop meeting. The ordinance defines puppy mills and restricts the retail sale of dogs and cats obtained from puppy mills within the City. The proposed ordinance provides that no pet store shall display, sell, trade, deliver, barter, lease, rent, auction, give away, transfer, offer for sale or transfer, or otherwise dispose of dogs or cats obtained from puppy mills in the City on or after the effective date of this section. It further provides one (1) year for any existing businesses to comply. Several cities throughout the State of Florida have adopted similar ordinances including, but not limited to: 1. Lake Worth 2. Wellington 3. Coconut Creek 4. Parkland 5. Palmetto Bay 6. Lauderdale Lakes 7. Coral Gables 8. North Bay Village 9. Margate 10. Sunrise There are several issues that the Commission should be aware of regarding the adoption of this type of ordinance. The Pet Industry Joint Advisory Council (PIJAC) has taken a strong stance that these types of ordinances violate the Commerce Clause of the U.S. Constitution. On the other side of the issue is the Companion Animal Protection Society (CAPS) which takes the opposite position that these types of ordinances do not violate the Commerce Clause. The courts have addressed the extent to which a state or local government may adopt regulations which affect interstate commerce. Local ordinances that discriminate against or excessively burden interstate commerce violate the commerce Clause. "Discrimination" means that an ordinance treats in -state and out -of -state economic interest differently, i.e. benefiting local interests while simultaneously burdening out -of -state or non -local interest. Where an ordinance affects interstate commerce, the ordinance must http: / /itwebapp/NovusAgenda/Preview. aspx ?ItemlD=8101 &MeetinglD=508 6/23/2014 Page 2 of 2 regulate even - handedly to effectuate a legitimate local public interest. So long as the law's effects on interstate commerce are incidental, the law will be upheld unless the burden imposed on such commerce is clearly excessive in relation to the local benefits. If a legitimate local purpose is found, the question becomes one of degree. Whether or not a burden on commerce will withstand scrutiny will depend on the nature of the local interest involved and whether it could be promoted as well with a lesser impact on interstate activities. Although the ordinance may be challenged, a strong argument can be made that the ordinance is based upon a legitimate public interest, i.e. promoting the adoption of dogs and cats from rescue organizations; reducing the cost to the public of sheltering unwanted animals; encouraging community awareness of animal welfare and protecting the health and safety of companion pets in the City. The proposed ordinance uniformly restricts the sale of dogs and cats obtained from puppy mills. It does not discriminate between pets obtained from local breeders or in -state breeders for sale at pet stores or those pets obtained from out -of -state breeders. The proposed ordinance prohibits the sale of dogs obtained from puppy mills but does not regulate the sale or transfer of dogs or cats from non -puppy mill sources, animal shelters, rescue organizations, or pet stores that sell dogs or cats in connection with a shelter or animal rescue organization. The proposed ordinance provides for a fine of $400 per noncontested and $500 per contested violation. Fines are imposed for failure to post a certificate of source within three (3) feet of the kennel and for unlawful retail sales of dogs and cats obtained from a puppy mill. The City of Parkland has a somewhat similar ordinance and they have the Broward County Sheriff's Office enforce it on a complaint basis. (They do not have a separate Code Enforcement Department). They review the records and information on the dogs and cats to check for compliance as requested. It should be noted that a lawsuit was recently filed against the City of Sunrise challenging their ordinance, however, it is different from our proposed ordinance because it has an exception for local "hobby breeders" and ours does not. A similar lawsuit was also recently filed against the City of Phoenix, AZ, but their ordinance also had a local "hobby breeder" exception as well. Legal Review: The City Attorney's Office has prepared a Risk Analysis which is attached as backup to this item. Financial Review: N/A Discussion: This ordinance is before you for first reading at this time. Operating Cost: N/A Timing of the Request: There is no time sensitivity to this item. RECOMMENDATION The City Attorney's Office recommends City Commission discretion. http: / /itwebapp/NovusAgenda/Preview. aspx ?ItemlD=8101 &MeetinglD=508 6/23/2014 TO: City Commission FROM: Janice Rustin, Assistant City Attorney THROUGH: Terrill Pyburn, Interim City Attorney DATE: June 2, 2014 SUBJECT: Legal Risk Analysis of Proposed Ordinance XX -14 Regulating the Retail Sale of Cats and Dogs The City Attorney's office has been asked to prepare a legal risk analysis of Ordinance XX -14 prohibiting the sale of cats and dogs from puppy mills that is scheduled for a first reading on June 17, 2014. Under Florida's Municipal Home Rule Powers Act a municipality may exercise any power for a municipal purpose unless otherwise expressly prohibited. City of Boca Raton v. State, 595 So.2d 25 (Fla. 1992). State law contains a number of provisions relating to animals, including: a. marking, branding and stamping of livestock (Chapter 534); b. horse sales, shows and exhibitions (Chapter 535); c. animal industry and disease control, inspection and eradication (Chapter 585); d. euthanasia of animals offered for sale by pet shops (F.S. 828.065); e. sale of animals found in distress (F.S. 828.073); f. sale of pelts of dogs or cats prohibited (F.S. 828.1231); g. artificial coloring and sale of certain animals (F.S. 828.1615); and h. health requirements for dogs and cats transported or offered for sale (F.S. 828.29). Further, section 828.27, Florida Statutes expressly authorizes counties and municipalities to enact ordinances that regulate the control of animals or prevention of cruelty. Fla. Stat. § 828.27. "Control" is defined as "the regulation of the possession, ownership, care, and custody of animals." Id. Palm Beach County has adopted ordinances intended to protect the health, safety, and welfare of the citizens and animals of the county. These provisions include but are not limited to setting basic care standards, defining requirements for dangerous dogs, and licensing and regulating guard dogs and pet shops. Since 2011, the County ordinance has required pet store owners to provide consumers with the name and address of a puppy's breeder along with the animal's medical history and vaccination records. This regulation is consistent with national efforts to provide transparency to consumers purchasing pets from pet stores. Existing State and County statutory provisions do not preclude or prohibit a municipality from more closely regulating the sale of dogs and cats. Pursuant to the Municipal Home Rule Powers Act, the City may regulate such sales, so long as the proposed ordinance complies with constitutional requirements. In regulating and prohibiting the sale of dogs and cats obtained from puppy mills in the City, the proposed ordinance implicates both the Takings Clause and the Commerce Clause of the U.S. Constitution. Fifth Amendment The Takings Clause of the Fifth Amendment, made applicable to the States through the Fourteenth, provides that private property shall not "be taken for public use without just compensation." Government regulation of a business may, in some instances, be so encompassing or onerous, that its effect is similar to the direct appropriation of land or property. Pennsylvania Coal Co. v. Mahon, 260 U.S. 393 (1922). If a regulation completely deprives an owner of "all economically beneficial us[e]" of his or her property, the government must compensate the owner for their loss. Lucas v. South Carolina Coastal Council, 505 U.S. 1003, 1019 (1992). Under Florida law, dogs and cats are considered personal property. Bennett v. Bennett, 655 So.2d 109 (1 st DCA 1995). Because the proposed ordinance would bar the sale of only cats and dogs that were obtained from puppy mills, shop owners would not likely be entitled to compensation from the City. A court would most likely find that the ordinance does not deprive the pet store owners of all economically beneficial use of the store as the store would be able to continue selling puppies that are obtained from breeders who use lawful facilities. Furthermore, store owners are not prohibited from selling pet care items or services, pet food products or pet toys. For these reasons, the ordinance as proposed does not create a cause of action for compensation. Commerce Clause The Commerce Clause of the United States Constitution is both a grant of congressional authority to regulate interstate commerce and a restriction on states' authority. Local ordinances that discriminate against or excessively burden interstate commerce violate the Commerce Clause. Cachia v. Islamorada, 542 F.3d 839 (2008). "Discrimination" means that an ordinance treats in -state and out -of -state economic interests differently; benefiting local interests while simultaneously burdening out of state or non -local interests. Oregon Waste Systems, Inc. v. Department of Environmental Quality of Ore., 511 U.S. 93, 99 (1994). Laws motivated by economic protectionism alone are subject to a virtual per se rule of invalidity unless the government can show that there are no other means of advancing a legitimate local purpose. Where an ordinance affects interstate commerce, the ordinance must regulate even - handedly to effectuate a legitimate local public interest. So long as the law's effects on interstate commerce are incidental, it will be upheld unless the burden imposed on such commerce is clearly excessive in relation to the putative local benefits. Huron Portland Cement Co. v. City of Detroit, 362 U.S. 440, 443 (1960). *If a legitimate local purpose is found, then the question becomes one of degree. Whether or not a burden on commerce will withstand scrutiny will depend on the nature of the local interest involved and whether it could be promoted as well with a lesser impact on interstate activities. Pike v. Bruce Church, Inc. 397 U.S. 137, 142 (1970). 2 Here, the proposed ordinance is grounded in a legitimate public interest: encouraging community awareness of animal welfare; promoting adoption of dogs and cats from rescue organizations and shelters; protecting of the health and safety of companion pets in the City; reducing the cost to the public of sheltering animals. Moreover, the ordinance uniformly prohibits the sale of dogs and cats that are obtained from all puppy mills. It does not discriminate between pets obtained for sale locally or those purchased for sale outside of the City, Palm Beach County or the State of Florida. The International City /County Management Association recommends budgeting between $4.00 and $7.00 per animal for animal control issues, a significant cost to Florida municipalities and counties. Recent data reflects that over 7,000 dogs and cats were euthanized in 2012 alone by Palm Beach County Animal Care and Control. National organizations including the Humane Society and the American Society for the Prevention of Cruelty to Animals advocate for and recommend adoption of puppy mill bans as a mechanism to prevent overpopulation and stem cruelty in breeding. The regulation's intended purpose is not clearly excessive in relation to the City's substantial interest in protecting consumers, guarding taxpayer dollars, promoting the humane treatment of companion pets and safeguarding the health and welfare of residents' healthy animals. Several local municipalities have recently passed laws banning the sale of dogs and cats obtained from puppy mills, including the City of Parkland and the City of Sunrise. Many have banned the sale of dogs and cats from retail stores entirely, including Village of Wellington and the City of Lake Worth. Nationally, the following cities have passed ordinances aimed at curbing puppy mills including Phoenix, AZ., San Diego, CA., Chicago, Il., Austin, TX., Albuquerque, NM. At present, the constitutionality of the ordinances from Sunrise, Phoenix, and San Diego have been challenged. In the complaint filed against the City of Sunrise, the Plaintiff alleges that the ordinance, which has an exception for hobby breeders, violates the Commerce clause. Specifically, it alleges that by allowing local hobby breeders to sell to the local market, the ordinance has a discriminatory impact on out -of -state breeders who do not have access this market. A similar constitutional violation has been alleged in the case against the City of Phoenix in relation to its ordinance, which also has a hobby breeder exception. Neither of these cases has been resolved. In light of these lawsuits, cities such as Plantation and Los Angeles have postponed passing similar ordinances pending the outcome of the above mentioned cases. The City of Davie was poised to pass an ordinance in April, but has since pulled the item, opting instead to enact a zoning in progress moratorium that prevents more pet stores from opening until November, 2015. Based on the foregoing, the City Attorney's office is of the opinion that the proposed ordinance would likely withstand a Constitutional challenge alleging a Takings violation. It would also likely withstand a Commerce clause challenge because, unlike the Sunrise ordinance, the proposed ordinance does not have a hobby breeder exception and therefore does not have a discriminatory impact on out -of- state breeders. 3 City of Lake Worth, Florida Municode L&tc w Page 1 of 2 Sec. 6 -8. Retail sales of dogs and cats. (a) Definitions. For the purpose of this chapter: Animal rescue organization means a duly incorporated nonprofit organization devoted to the rescue, care and adoption of stray, abandoned or surrendered animals and which does not breed animals. Animal shelter means a municipal or related public animal shelter or duly incorporated nonprofit organization devoted to the rescue, care and adoption of stray, abandoned or surrendered animals, and which does not breed animals. Cat means an animal of the Felidae family of the order Camivora. Certificate of source means a document declaring the source of origin of the dog or cat sold or transferred, or offered for sale or transfer, by the pet store. The certificate shall include the name and address of the original source of the dog or cat and license information if the original source breeder is licensed by the United States Department of Agriculture and shall be signed by both the pet store certifying the accuracy of the certificate, and by the purchase or transferee of the companion animal acknowledging receipt of the certificate. Dog means an animal of the Canidae family of the [order] Carnivora. Pet store means any retail establishment open to the public that sells or transfers, or offers for sale or transfer, dogs and /or cats, including puppies and kittens, regardless of the age of the dog or cat. Pet store operator means a person who owns or operates a pet store, or both. (b) Sale or transfer of dog and/or cats. No pet store shall display, sell, trade, deliver, barter, lease, rent, auction, give away, transfer, offer for sale or transfer, or otherwise dispose of dogs or cats in the city on or after the effective date of this chapter. (c) Exemptions. This chapter does to apply to: (�) A person or establishment that sells, delivers, offers for sale, trades, barters, leases, rents, auctions, gives away, or otherwise transfers or disposes of only animals that were bred and reared on the premises of the person or establishment; (2) A publicly operated animal control facility or animal shelter; (3) A private, charitable, nonprofit humane society or animal rescue organization; or (4) A publicly operated animal control agency, nonprofit humane society, or nonprofit animal rescue organization that operates out of or in connection with a pet store. (d) Certificate of source. (�) A pet store shall post and maintain in a conspicuous place, on or within three (3) feet of each animals' kennel, cage or enclosure, a certificate of source of each dog or cat offered for sale or transfer, and shall provide a copy of such certificate to the purchaser or transferee of any dog or cat sold or transferred. (2) Any law enforcement officer or employee of a municipal or county animal shelter may, at any time, request to review copies of such certificates and, upon such request, the pet store must present such certificates at that time and without delay. http:// library. municode.comlprint.aspx?h= &clientlD =10091 &HTMRequest= http %3a %2P /o... 2/6/2014 Municode Page 2 of 2 (e) Adoption of shelter and rescue animals. Nothing in this section shall prevent a pet store or its owner, operator, or employees, from providing space and appropriate care for animals owned by a publicly operated animal control agency, nonprofit humane society, or nonprofit animal rescue agency that is registered with the county, and maintained at the pet store for the purpose of adopting those animals to the public. (fl Violations— Enforcement. (1) Any person who commits an act in violation of this section is may be prosecuted for such violation pursuant to cjiion 1 -:i of this Code of Ordinances. Alternatively, a violation of this section may be charged as a civil infraction pursuant to section 6 -'q of this Code of Ordinances, in which case, upon conviction, the person shall be punishable as provided sc�tion 5 -0 of this chapter. (2) The city may initiate a civil action in any court of competent jurisdiction to enjoin any violation of this chapter. (3) A pet store found to have falsified a certificate of source shall pay two thousand five hundred dollars ($2,500.00) in damages to each recipient of such falsified certificate. " http:// library. municode .com /print.aspx ?h= &clientID =10091 &HTMRequest= http %3a %2P /o... 2/6/2014 Village of Wellington, Florida 1 ORDINANCE NO. 2014-02 2 3 AN ORDINANCE OF WELLINGTON, FLORIDA'S 4 COUNCIL, AMENDING CHAPTER 14 OF THE CODE OF 5 ORDINANCES BY CREATING A NEW SECTION .14 -2, 6 ENTITLED "RETAIL SALE OF DOGS AND CATS/ 7 PROHIBITION OF PUPPY AND KITTEN MILLS "; 8 PROVIDING FOR CONFLICT; PROVIDING FOR 9 CODIFICATION; PROVIDING FOR SEVERABILITY; 10 PROVIDING FOR AN EFFECTIVE DATE. 11 12 WHEREAS, according to the Humane Society of the United Stated, hundreds of 13 thousands of dogs and cats in the United States have been housed and bred at 14 substandard breeding facilities, known as "puppy mills" or "kitten factories," that mass - 15 produce animals for sale to the public, many of which are sold in pet stores; and 16 17 WHEREAS, cats and dogs that are bred in puppy mills or kitten factories often 18 suffer from health, social and /or temperament problems that sometimes result in costly 19 treatment or even death; and 20 21 WHEREAS, in addition to the congenital and hereditary conditions resulting from 22 substandard breeding facilities, dogs and cats bred at these facilities may arrive in pet 23 stores and their new homes with giardia, parvovirus, and distemper, illnesses that can 24 be transmitted to healthy family animals; and 25 26 WHEREAS, while not all dogs and cats sold in retail pet stores are the product of 27 inhumane breeding conditions and not every commercial breeder selling dogs or cats to 28 pet stores operates "puppy mills" or "kitten factories," these facilities continue to exist in 29 part because of public demand for the sale of dogs and cats in pet stores; and 30 31 WHEREAS, according to the Humane Society of the United States, Florida has 32 the highest number of consumer complaints submitted to the Humane Society and the 33 highest number of complaints about puppies purchased from pet stores; and 34 35 WHEREAS, prohibiting the retail sale of dogs and cats in the Village will promote 36 community awareness of animal welfare and will encourage pet consumers to adopt 37 dogs and cats from shelters, thereby saving animals' lives and reducing the cost to the 38 public of sheltering animals. 39 40 NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE 41 VILLAGE OF WELLINGTON, FLORIDA: 42 43 SECTION 1: Chapter 14 of the Village of Wellington's Code of Ordinances is 44 amended to create Section 14 -2, "Retail Sale of Dogs and Cats /Prohibition of Puppy 45 and Kitten Mills," as follows: 46 1 2 3 Section 14 -2. Retail Sale of Dogs and Cats. 4 5 (1) Definitions. For purposes of this section, the following definitions shall apply; 6 7 a. "Animal rescue organization" means a duly incorporated nonprofit organization 8 devoted to the rescue, care and adopting of stray, abandoned or surrendered 9 animals and which does not breed animals. 10 b. "Animal shelter" means a municipal or related public animal shelter or duly 11 incorporated nonprofit organization devoted to the rescue, care and adoption of 12 stray, abandoned or surrendered animals, and which does not breed animals. 13 c. "Cat" means an animal of the Felidae family of the order Carnivora. 14 d. "Dog" means an animal of the Canidae family of the Carnivora. 15 e. "Pet store" means any retail establishment open to the public that sells or transfers, 16 or offers for sale or transfer, dogs and/or cats, regardless of the age of the dog or 17 cat. 18 f. "Pet store operator" means a person who owns or operates a pet store. 19 g. "Puppy or Kitten Mill" means a facility where dogs and cats are bred for the purpose 20 of selling them and where any two (2) of the following conditions are found to exist: 21 a. More than twenty (20) puppies (under the age of 12 weeks) or more than 22 twenty (20) kittens (under the age of 16 weeks) are kept at a single time; 23 b. No genetic (heredity) health testing appropriate for the breed is conducted; 24 c. No long -term (over one (1) year) guarantees are offered; 25 d. A single female is bred every cycle; 26 e. A single female is bred more than five (5) times; 27 f. There are no records of the dogs' or cats' parents; 28 g. More than eight (8) dogs or kittens are kept in a single enclosure For 29 purposes of this ordinance, the space requirements for dogs and cats /kittens 30 shall comply with Section 4- 23(h)((3)(d)(1)(D)(i) though (vii) and 4- 31 23(h)(3)(d)(1)(E)(i)(a) -(b) of the Palm Beach County Code of Ordinances 32 known as the Palm Beach County Animal Care and Control Ordinance of 33 1998. 34 35 (2) Puppy,and Kitten mills. 36 37 It shall be unlawful for any person or entity to establish, operate or maintain a puppy or 38 kitten mill in the Village of Wellington. 39 40 (3) Sale or transfer of dogs and /or cats. 41 42 No pet store shall display, sell, trade, deliver, barter, lease, rent, auction, give away, 43 transfer, offer for sale or transfer, or otherwise dispose of dogs or cats in the Village of 44 Wellington. 45 46 (4) Exemptions. This section does not apply to: 47 48 a. A person that sells, delivers, offers for sale, trades, barters, leases, rents, auctions, 49 gives away, or otherwise transfers or disposes of dogs and /or cats that were bred 50 and reared on property owned by the person I b. An animal shelter. 2 c. An animal rescue organization. 3 d. An animal shelter or animal rescue organization that operates out of or in connection 4 with a pet store. 5 6 (5) Adoption of shelter and rescue animals. Nothing in this section shall prevent a pet store 7 or its owner, operator or employees from providing space and appropriate care for 8 animals owned by an animal shelter or animal rescue organization and maintained at the 9 pet store for the purpose of adopting those animals to the public. 10 11 (6) Violations — Enforcement. 12 a. Any person who violates this section shall be subject to penalties set forth in 13 Section 1 -12 of this Code of Ordinances. 14 b. Additionally, the Village may initiate a civil action in a court of competent 15 jurisdiction to enjoin any violation of this section. 16 17 SECTION 2. Should any section, paragraph, sentence, clause, or phrase of this 18 Ordinance conflict with any section, paragraph, clause or phrase of any prior Wellington 19 Ordinance, Resolution, or Municipal Code provision; then in that event the provisions of this 20 Ordinance shall prevail to the extent of such conflict. 21 SECTION 3: Should any section, paragraph, sentence, clause, or phase of this 22 Ordinance be declared by a court of competent jurisdiction to be invalid, such decision 23 shall not affect the validity of this Ordinance as a whole or any portion or part thereof, 24 other than the part so declared to be invalid. 25 26 SECTION 4: This Ordinance shall become effective immediately upon adoption 27 of the Wellington Council following second reading. 28 29 PASSED this 14th day of January, 2014 upon first reading. 30 31 PASSED AND ADOPTED this 28th day of January, 2014, on second and final 32 reading. 33 34 WELLINGTON 35 l F?R AGAINST 36 BY: 37 RQb Mar Alis, M6' or, 39 40 Howard `K. Coates, Jr., Vice Mayor 41 - ��., 43 MatJ Willhite, Councilman 44 t l 46 '`Anne Gerwig, Councilwoman 49 John Greene, Councilman 2 3 4 5 6 7 8 9 1.0 11 12 D .:0 14 15 16 17 18 19 ATTEST: BY:,-, Awilda Rodr! guez, Clerk APPROVED AS TO FORM AND LEGA /SUFFJCIENCY BY: Laurie S. Cohen, Village Attorney W:\Del3ii-filiciits\Le-.al\ORDTNANCES\Ordinaiiee No (Retail S de of Dogs and Cats).docx City of Coconut Creek, Florida AGENDA ITEM REPORT DATE: January 9, 2014 ITEM: AN ORDINANCE AMENDING CHAPTER 5, CODE OF ORDINANCES, ENTITLED "ANIMALS," BY CREATING A NEW SECTION 5 -12 ENTITLED "RETAIL SALE OF DOGS AND CATS." (ORDINANCE NO. 2014 -001) (FIRST READING) (QUASI - JUDICIAL) SUMMARY: The problem with pet overpopulation has been in the news recently and Broward County has struggled with this issue for years. Advocates for humane treatment of animals have suggested that controlling the problem needs to incrude controlling the marketing of puppies and kittens raised in inhumane conditions. The proposed ordinance provides detailed regulations to restrict the retail sale of dogs and cats in retail environments and encourages adoption of pets available at the Humane Society or other shelters. This ordinance was modeled after comparable amendments made by the City of Hallandale Beach and the City of Pinecrest. DEPARTMENT: Sustainable Development ORDINANCE NO. 2014-001 AN ORDINANCE OF THE CITY OF COCONUT CREEK, FLORIDA, AMENDING CHAPTER 5, CODE OF ORDINANCES ENTITLED "ANIMALS," BY CREATING A NEW SECTION 5 -12 ENTITLED "RETAIL SALE OF DOGS AND CATS;" PROVIDING FOR CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE WHEREAS, according to the Humane Society of the United States, hundreds of thousands of dogs and cats in the United States have been housed and bred at substandard breeding facilities known as "puppy mills" or "kitten factories," ( "Facilities ") that mass - produce animals for sale to the public; and WHEREAS, because of the lack of proper animal' husbandry practices at these Facilities, animals born and raised there are more likely to have genetic disorders and lack adequate socialization, and breeding animals utilized there are subject to inhumane housing conditions and are indiscriminately disposed of when they reach the end of their profitable breeding cycle; and WHEREAS, many animals produced in these Facilities are purchased by retail pet stores for sale to the public; and WHEREAS, while not all dogs and cats sold in retail pet stores are the product of inhumane breeding conditions and not every commercial breeder selling dogs or cats to pet stores operates "puppy mills" or "kitten factories," the City Commission believes that puppy mills and kitten factories continue to exist in part because of public demand fueled by the availability of dogs and cats in pet stores leading to "impulse" purchases of animals; and WHEREAS, the City Commission believes that restricting the retail sale of dogs and cats in the City will promote community awareness of animal welfare and, in turn, will foster a more humane environment in the City; and WHEREAS, the City Commission believes that the restriction of the retail sale of dogs and cats in pet stores in the City will reduce impulse purchases of pets, which can lead to abandonment or mistreatment of the .animals once they have outgrown their initial puppy or kitten appeal and will also encourage pet consumers to adopt dogs and CODING: Words in skink thmugp type are deletions from existing text. Words in underscored type are additions to existing text. A line of indicates existing text not shown. cats from shelters where proposed owners are screened for their suitability with respect to the animal, thus reducing the likelihood that the animal will be mistreated or abandoned and thereby saving animals' lives and reducing the cost to the public of sheltering animals; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF COCONUT CREEK, FLORIDA: Section 1: That Chapter 5, Code of Ordinances, entitled "Animals" is hereby amended to create Section 5 -12, "Retail Sale of Dogs and Cats," as follows: Sec. 5 -12. Retail Sale of Dogs and Cats. (1) Definitions. For purposes of this section, the following definitions shall apply: Animal rescue organization means humane society or other duly incorporated nonprofit organization registered with the Florida Department of State and operated as a bona fide charitable organization under Section 501(c) 3 of the Internal Revenue code, which organization is devoted to the rescue, care and/or adoption of stray, abandoned or surrendered animals and which does not breed animals. Animal Shelter means a municipal or related public animal shelter or duly incorporated nonprofit organization devoted to the rescue, care and /or adoption of stray, abandoned or surrendered animals, and which does not breed animals. Cat means an animal of any age of the Felidae family of the order Carnivora. Certificate of source means a document declaring the source of origin of a dog or cat- sold or transferred or offered for sale or transfer. A certificate of source shall include the name and address of the original source of the dog or cat and license information of the original source breeder evidencing that the original source breeder is licensed by the United States Department of Agriculture and shall be signed by both the pet store certifying the accuracy of the certificate and by the purchaser or transferee of the dog or cat acknowledging receipt of the certificate. Dog means an animal of any age of the Canidae family of the Camivora. Hobby Breeder means any person or entity that causes or allows the breeding or studding of a dog or cat resulting in no more than a total of one litter per adult animal per calendar year whether or not the animals in such litter are offered for sale or other transfer. Pet store means any retail establishment open to the public that sells or transfers, or offers for sale or transfer, dogs and /or cats, regardless of the age of the dog or cat. CODING: Words in ebrskthmugh type are deletions from existing text. Words in underscored type are additions to existing text. A line of " indicates existing text not shown. Pet store operator means a person who owns or operates a pet store. (2) Sale or transfer of dogs and /or cats. No pet store shall display, sell, trade, deliver, barter, lease, rent, auction, give away, transfer, offer for sale or transfer, or otherwise dispose of dogs or cats in the City of Coconut Creek on or after the effective date of this Ordinance. (3) Exemptions. This section does not apply to: (a) A Hobby Breeder as defined herein. (b) A person or pet store that sells, delivers, offers for sale, trades, barters, leases, rents, auctions, gives away, or otherwise transfers or disposes of dogs and /or cats that were bred and reared on property zoned for such purpose within the City of Coconut Creek and owned by such person or pet store. (c) An animal shelter. (d) An animal rescue organization. (e) An animal shelter or animal rescue organization that operates out of or in connection with a pet stone or other retail store. (4) Certificate of Source. A pet store shall post and maintain in a conspicuous place, on or within three (3) feet of each dog's or cat's kennel, cage or enclosure, a certificate of source of each dog or cat offered for sale or transfer, and shall provide a copy of such certificate to the purchaser or transferee of any dog or cat sold or transferred. Section 2: All ordinances or parts of ordinances and all resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3: It is the intention of the City Commission that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances; and that the sections of this Ordinance may be renumbered or re- lettered and the word "ordinance" may be changed to "section," "article," or such other appropriate word or phrase to accomplish such intentions. Section 4: In the event that 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: This Ordinance shall become effective immediately upon passage by the City Commission on second reading. CODING. Words in 8kiek &m type are deletions from existing text. Words in underscored type are additions to existing text. A line of — Indicates existind text not shown. PASSED FIRST READING THIS 9th DAY OF January '2014. PASSED SECOND READING THIS 23rd DAY OF January . 2014. Attest: Ja64uelyW Cook, !;MC Acting City Clerk Rebecca A. Tooley, Mayor WSS:jw S:1Data%Development ServicesZ=monlDocuments%PIANNING & ZONING1Project Coordinstor0rdinanceslOrd752 ch 5 puppy milts.docx 11 -5-13 PAR11$13 CODING: Words in abusk type are deletions from existing text. Words in underscored type are additions to existing text. A line of I indicates existing text not shown. 1st 2nd Tooley AM Aye Aronson 6Y-Q A= Sarbone AVG Aye Belvedere & e Aye Welch AVe Aye WSS:jw S:1Data%Development ServicesZ=monlDocuments%PIANNING & ZONING1Project Coordinstor0rdinanceslOrd752 ch 5 puppy milts.docx 11 -5-13 PAR11$13 CODING: Words in abusk type are deletions from existing text. Words in underscored type are additions to existing text. A line of I indicates existing text not shown. City of Parkland, Florida Nfunicode Page 1 of 1 Parkland, Florida, Code of Ordinances >> PART II - CODE OF ORDINANCES >> Chapter 3 - ANIMALS >> ARTICLE III. PUPPY MILLS >> ARTICLE III. PUPPY MILLS Sec. 3 -49. Puppy mills. Sec. 3 -49. Puppy mills. (a) A puppy mill is hereby defined as a facility where dogs are bred for the purpose of selling them and where any two (2) of the following conditions are found to exist: (1) More than twenty (20) puppies (under the age of twelve (12) weeks) are kept at a single time; (2) No genetic (heredity) health testing appropriate for the breed is conducted; (3) No long -term (over one (1) year) guarantees are offered; (4) A single female is bred every cycle; (5) A single female is bred more than five (5) times; (6) There are no records of the dogs' parents; (7) More than eight (8) dogs are kept in a single cage or fenced area. (b) It shall be unlawful for any person or entity to establish, operate or maintain a puppy mill in the City of Parkland. (c) It shall be unlawful for any retailer or wholesaler who sells puppies to the public or other entities or organizations to purchase puppies from a puppy mill. (d) Any person or entity found violating this section shall be guilty of a punishable fine of up to five hundred dollars ($500.00). Each day that the violation exists shall be considered a separate violation of this section punishable by a five hundred dollar ($500.00) fine. (Ord. No. 2010 -26, § 2, 11 -30 -2010) http:// library. municode .com /print.aspx ?h= &clientlD= 11286 &HTMRequest= http %3a %2f%... 4/1/2014 Village of Palmetto Bay, Florida ORDINANCE NO. 2013-14 AN ORDINANCE OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, FLORIDA, AMENDING SECTION 30- 50.16(B)(44) OF THE CODE OF ORDINANCES RELATING TO PET STORE USE WITHIN THE 114 ZONING DISTRICT TO SPECIFICALLY REFERENCE THE PROVISIONS OF 30- 60.31; AND CREATING SECTION 30- 60.31, ENTITLED "RETAIL SALE OF DOGS AND CATS;" TO PROVIDE CONDITIONS RELATING TO THE SALE OF DOGS AND CATS; PROVIDING FOR VIOLATIONS AND A $250.00 FINE; PROVIDING FOR CONFLICT; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, according to the Humane Society of the United States, hundreds of thousands of dogs and cats in the United States have been housed and bred at substandard breeding facilities known as "puppy mills" or "kitten factories," that mass- produce animals for sale to the public, many of which axe sold at retail in pet stores; and, WHEREAS, because of the lack of proper animal husbandry practices at those facilities, animals born and raised there are more likely to have genetic disorders and lack adequate socialization, while breeding animals utilized there are subject to inhumane housing conditions and are indiscriminately disposed of when they reach the end of their profitable breeding cycle; and, WHEREAS, while not all dogs and cats sold in retail pet stores are not the products of inhumane breeding conditions and not every commercial breeder selling dogs of cats to pet stores operates "puppy mills" or "kitten factories," the Village Council believes that puppy mills and kitten factories continue to exist in part because of public demand and the sale of dogs and cats in pet stores; and, WHEREAS, the Village Council believes that prohibiting the retail sale of dogs and cats in the Village will promote community awareness of animal welfare and, in turn, will foster a more humane environment in the Village; and, WHEREAS, the Village Council believes that the prohibition of the retail sale of dogs and cats in pet stores in the Village will also encourage pet consumers to adopt dogs and cats from shelters, thereby saving animals' lives and reducing the cost to the public of sheltering animals; and, WHEREAS, Section 30- 50.16, delineates the uses authorized as of right within the B -1, Limited Business District, which uses include pet shops; and, WHEREAS, Section 30- 50.16(b)(44), is proposed for amendment to cross- reference new section 30- 60.31, entitled "Retail Sale of Dogs and Cats" and delineates the parameters under which these animals may be sold to the community; providing for definitions; and penalties. Page 1 of 4 Additions shown by undedinin and deletions shown by egg. BE IT ENACTED BY THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, FLORIDA, AS FOLLOWS: Section 1. Sections 30- 50.16(b)(44) is amended as to the Pet store use listed in the B -1 zoning district, and Division 30 -60, -relating to "General Regulations" is amended to include Section 30- 60.31, entitled "Retail Sale of Dogs and Cost," which provisions are amended to read as follows: Division 30 -50 Zoning Districts Section 30- 50.16. B -1, Limited Business District. (a) Pmpose. The purpose of the B -1, Limited Business District, is to provide for retail and service convenience facilities which satisfy the essential and frequent needs of the adjacent residential neighborhood. (b) UsespemdUed. No land, body of water or structure shall be used or permitted to be used and no structure shall be hereafter erected, constructed, moved, reconstructed or structurally altered or maintained in any B -1 District, which is designed, arranged or intended to be used or occupied for any purpose, except for one or more of the following uses: (1) Antique shops. (44) Pet stores, shops, pet care centers and dog beauty and pet grooming as per Section 30- 60.31. DIVISION 30 -60 GENERAL REGULATIONS Section 30- 60.31, Retail Sale of Dogs and (�) As of December 9, 2013, pet stores shops or care centers shall be precluded from dkWayiig selling, tr dj=, dglivgrjng bartering, leasing, renting, auctioning,ke away, transferring, offer for sale or transfer, or othax ise dispose of_dogs or cats in the Village of Palmetto Bay, except as provided below: (1) A person or net store gl gg1k.- delivers, offers for sale, trades barters, leases, rents, auctions o vet, or otherwise tmwfw 2X doses of dogs and /or oil lhgl mere bred and reared on property owmed by and zoned for the person or pet store (2) An animal shelter. (3) An animal rescue ora nintion Page 2 of 4 Additions shown by underlining and deletions shown by Wig. An animal shelter or animal rescue organization that operates_ out _of or in connection with a 12et store. (b1 Certificate of Source. A net store shall Host and mainWg, on or within three (3) feet of each dog's or cat's kennel, cage or enclosure, a certificate of source of each _dog or cat offered far sale or transfer. and sball provide a cony of such certificate tQ the p=ha§er or transferee of any dog or cat sold or transferred. (e) Violations — Enforcement. Any person who violates this segbn shall be suul jeet a $250.00 daily fine. (2) Additionally, the Village may initiate a civil action in court of competent jurisdiction to enjoin any 3dQk ion of this section. (3 Pet stores or shops that sold dogs Qr cats prior to December 2. 2013- that did not comply with the terms herein shall be vested. If the use is discontinued for six months or more. the use shall he considered nonconforming, and the use, if re- established is to comply with the foregoing provisions of section 30- 60.31. (fit) Definitions, For V=oses of this subsection, the following definitions sbali apply- (1) "Animal rescue organization" means a duly incorporated nonprofit organization devoted to the escm. care and adoption of stray, . abandoned or surrendered animals and zhich does not breed animals. (2) "animal shelter" means a municipal or related puLfig Owmal shelter or duly incorporated nonprofit organization devoted to the rescue, care and adoption of stray. abandoned or surrendered animals, and mEgh does not breed animals. (3) "Cat" means gn animal of the FeRdae fan* of the order Comivora. QL "Certificate of source" means a document declaring the source of origin of the dog or cat sold or transferred or offered for sale of Iranafm A certificate of some shall include the name and address of tide Qd&al source of the dog or cat and license information if the ggi al source breeder is licensed by the United States Department of .t g&ulture and shall be Aimed by both the net store certifying, the accuracy of the certificate and by the purrhh$er Qr tMngferee of the dog or cat acknowledging r=gWt of the certificate. (55 "Dog' meant an animal of the Cgnidae fa" of the Carnivora. () "Pet Store" means any retail establishment open to the publig t Halls Qr transfers, or offers for sale or ians&-r , dogg and /or cats, regj_!dless of the age of the dog or Cat (. ,}7 "Pet store operator" means g person who owns or operates a pet store. Section 2 All ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed. Seetign 3• This ordinance shall be codified and included in the Code of Ordinances. Page 3 of 4 Additions shown by anderlining and deletions shown by Wig. Section 4. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this ordinance. Section 5. This ordinance shall take effect immediately upon enactment. First Reading: November 4, 2013 Second Reading: December 9, 2013 PASSED AND ENACTED this 9s` day of f� Attest: eig an Alexander ge Clerk FINAL VOTE AT ADOPTION: Council Member Patrick Fiore YES Council Member Tim Schaffer YES Council Member Joan Lindsay NO Vice -Mayor John DuBois YES Mayor Shelley Stanczyk YES Page 4 of 4 Additions shown by undeWvn and deletions shown by everstriifieg. City of Hallandale Beach, Florida I ORDINANCE NO. 2012 - 03 2 3 AN ORDINANCE OF THE CITY OF HALLANDALE BEACH, 4 FLORIDA, AMEi4DING CHAPTER 6 OF THE CODE OF 5 ORDWANCES BY CREATING A NEW. SECTION 6 -12, 6 ENTITLED "RETAIL SALE OF DOGS AND CATS;" PROVIDING 7 FOR CONFLICT; PROVIDING FOR INCLUSION IN THE CODE; 8 PROVIDING FOR SEVERABILITY; PROVIDING FOR AN 9 EFFECTIVE DATE. 10 11 WHEREAS, according to the Humane Society of the United States, hundreds of 12 thousands of dogs and cats in the united States have been housed and bred at substandard 13 breeding facilities known as "puppy mills" or "kitten factories," that mass - produce animals for 14 sale to the public, many of which are sold at retail in pet stores; and 15 16 WHEREAS, because of the lack of proper animal husbandry practices at those facilities, 17 animals born and raised there are more likely to have genetic disorders and lack adequate 18 socialization, while breeding animals utilized there are subject to inhumane housing conditions 19 and are indiscriminately disposed of when they reach the end of their profitable breeding cycle; 20 and 21 WHEREAS, while not all dogs and cats sold in retail pet stores are not the products of 22 inhumane breeding conditions and not every commercial breeder selling dogs or cats to pet 23 stores operates "puppy mills" or "kitten factories," the City Commission believes that puppy mills 24 and kitten factories continue to exist in part because of public demand and the sale of dogs and 25 cats in pet stores; and 26 27 WHEREAS, the City Commission believes that prohibiting the retail sale of dogs and 28 cats in the City will promote community awareness of animal welfare and, in turn, will foster a 29 more humane environment in the City; and 30 31 WHEREAS, the City Commission believes that the prohibition of the retail sale of dogs 32 and cats in pet stores in the City will also encourage pet consumers to adopt dogs and cats from 33 shelters, thereby saving animals' lives and reducing the cost to the public of sheltering animals. 34 35 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY 36 OF HALLANDALE BEACH, FLORIDA: 37 38 SEC_ TION 1. Chapter 6, Article I, Animals, of the Code of Ordinances of the City of 39 Hallandale Beach, Florida, is amended to create Section 6 -12, "Retail Sale of Dogs and Cats," 40 as follows: 1 ORD. NO. 2012 - 03 41 Section 6 -12. Retail Sale of Dogs and Cats. 42 43 (1) Derinifions. For purposes of this section, the following definitions shall apply: 44 a. "Animal rescue organization" means a duly incorporated nonprofit organization 45 devoted to the rescue, care and adoption of stray, abandoned or surrendered 46 animals and which does not breed animals. 47 b. "Animal shelter" means a municipal or related public animal shelter or duly 48 incorporated nonprofit organization devoted to the rescue, care and adoption of 49 stray, abandoned or surrendered animals, and which does not breed animals. 50 c. "Cat" means an animal of the Felidae family of the order Carnivora. 51 d. "Certificate of source" means a document declaring the source of origin of the 52 dog or cat sold or transferred or offered for sale or transfer. A certificate of source 53 shall include the name and address of the original source of the dog or cat and 54 license information if the original source breeder is licensed by the United States 55 Department of Agriculture and shall be signed by both the pet store certifying the 56 accuracy of the certificate and by the purchaser or transferee of the dog or cat 57 acknowledging receipt of the certificate. 58 e. "Dog' means an animal of the Canidae family of the Carnivora. 59 f. "Pet store" means any retail establishment open to the public that sells or 60 transfers, or offers for sale or transfer, dogs and/or cats, regardless of the age of 61 the dog or cat (see also Pet Shop Chapter 6 Section 1). 62 g. "Pet store operator" means a person who owns or operates a pet store. 63 64 (2) Sale or transfer of dogs and /or cats. 65 No pet store shall.display, sell, trade, deliver, barter, lease, rent, auction, give away, 66 transfer, offer for sale or transfer, or otherwise dispose of dogs or cats in the City of 67 Hallandale Beach. 68 (3) Exemptions. This section does not apply to: 69 a. A person or pet store that sells, delivers, offers for sale, trades, barters, leases, 70 rents, auctions, gives away, or otherwise transfers or disposes of dogs and /or 71 cats that were bred and reared on property owned by and zoned for the person 72 or pet store. 73 b. An animal shelter. 74 c. An animal rescue organization. 75 d. An animal shelter or animal rescue organization that operates out of or in 76 connection with a pet store. 77 78 (4) Certificate of Source. 79 A pet store shall post and maintain, on or within three (3) feet of each dog's or cat's 80 kennel, cage or enclosure, a certificate of source of each dog or cat offered for sale 81 or transfer, and shall provide a copy of such certificate to the purchaser or transferee 82 of any dog or cat sold or transferred. 83 84' (5) Violations — Enforcement. 85 a. Any person who violates this section shall be subject to the penalties set forth in 86 Section 9 -5 of this Code of Ordinances. 87 b. Additionally, the City may initiate a civil action in a court of competent jurisdiction 88 to enjoin any violation of this section. 2 ORD. NO. 2012 - 03 89 c. In addition to any other penalty, a pet store owner who is found to have falsified a 90 certificate of source shall pay $2,500.00 in damages to each recipient of such 91 falsified certificate. 92 SECTION 2. All ordinances or parts of ordinances and all resolutions or parts of 93 resolutions in conflict herewith are hereby repealed. 94 SECTION 3. It is the intention of the City Commission that the provisions of this 95 Ordinance shall become and be made a part of the Hallandale Beach Code of Ordinances; and 96 that the sections of this Ordinance may be renumbered or re- lettered and the word "ordinance" 97 may be changed to "section," "article," or such other appropriate word or phrase to accomplish 98 such intentions. 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 SECTION 4. In the event that 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. This Ordinance shall become effective immediately upon passage by the City Commission on second reading. PASSED AND ADOPTED on 1" reading April 4, 2012. PASSED AND ADOPTED on 2nd reading April 18, 2012. ATTEST -CITY 0, EERK APPROVED AS• 0 LEGAL SUFFICIENCY FORM; tr Y• V. NN WHITFIELD CITY ATTORNEY 3 ORD. NO. 2012 - 03 VOTE AYF/Ir Mayor Cooper . vice Mayor Sanders Comm. Lowy Comm. London Comm. Ross s7j= 3 ORD. NO. 2012 - 03 Municode Page 2 of 3 Sec. 6 -12. Retail sale of dogs and cats. (a) Definitions. For purposes of this section, the following definitions shall apply: Animal rescue organization means a duly incorporated nonprofit organization devoted to the rescue, care.and adoption of stray, abandoned or surrendered animals and which does not breed animals. Animal shelter means a municipal or related public animal shelter or duly incorporated nonprofit organization devoted to the rescue, care and adoption of stray, abandoned or surrendered animals, and which does not breed animals. Cat means an animal of the Felidae family of the order Carnivora. Certificate of source means a document declaring the source of origin of the dog or cat sold or transferred or offered for sale or transfer. A certificate of source shall include the name and address of the original source of the dog or cat and license information if the original source breeder is licensed by the United States Department of Agriculture and shall be signed by both the pet store certifying the accuracy of the certificate and by the purchaser or transferee of the dog or cat acknowledging receipt of the certificate. Dog means an animal of the Canidae family of the [order] Carnivora. Pet store means any retail establishment open to the public that sells or transfers, or offers for sale or transfer, dogs and/or cats, regardless of the age of the dog or cat (see also "pet shop," section 6 -1). Pet store operator means a person who owns or operates a pet store. (b) Sale or transfer of dogs and/or cats. No pet store shall display, sell, trade, deliver, barter, lease, rent, auction, give away, transfer, offer for sale or transfer, or otherwise dispose of dogs or cats in the City of Hallandale Beach. (c) Exemptions. This section does not apply to: (1) A person or pet store that sells, delivers, offers for sale, trades, barters, leases, rents, auctions, gives away, or otherwise transfers or disposes of dogs and/or cats that were bred and reared on property owned by and zoned for the person or pet store. (2) An animal shelter. (3) An animal rescue organization. (4) An animal shelter or animal rescue organization that operates out of or in connection with a pet store. (d) Certificate of source. A pet store shall post and maintain, on or within three feet of each dog's or cat's kennel, cage or enclosure, a certificate of source of each dog or cat offered for sale or transfer, and shall provide a copy of such certificate to the purchaser or transferee of any dog or cat sold or transferred. (e) Violations — Enforcement. (1) Any person who violates this section shall be subject to the penalties set forth in section 9 -5 of this Code of Ordinances. (2) Additionally, the city may initiate a civil action in a court of competent jurisdiction to enjoin any violation of this section. (3) http: / /Iibrary.municode.com/ print. aspx? h= &clientlD= 14646 &HTMRequest =http %3 a %2P /o... 4/1/2014 Municode Page 3 of 3 In addition to any other penalty, a pet store owner who is found to have falsified a certificate of source shall pay $2,500.00 in damages to each recipient of such falsified certificate. (Ord. No. 2012 -03, § 1, 4 -18 -2012) http : / /library.municode. comlprint. aspx ?h= &clientID= 14646 &HTMReque st= http %3 a %2f %... 4/1/2014 Village of Pinecrest, Florida ORDINANCE NO. 013 -11 AN ORDINANCE OF THE VILLAGE OF PINECREST, FLORIDA, AMENDING CHAPTER 16, ENTITLED "OFFENSES AND MISCELLANEOUS PROVISIONS" , BY CREATING A NEW ARTICLE ENTITLED "RETAIL SALE OF DOGS AND. CATS"; PROVIDING FOR SEVERABILITY; . PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR EFFECTIVE DATE. WHEREAS, existing state and federal laws regulate dog and cat breeders, as well as pet stores that sell dogs and cats including the Animal Welfare Act ( "AWA ") (7 U.S.C. Section 2131 et seq.); and WHEREAS, the Animal Welfare Act requires, among other things, the licensing of certain breeders of dogs and cats and that these breeders maintain minimum health, safety and welfare standards for animals in their care with enforcement of these requirements by the United States Department of Agriculture ( "USDA "); and WHEREAS, according to The Humane Society of the United States, American consumers purchase dogs and cats from pet stores that the consumers believe to be healthy and genetically sound, but in reality, the animals often face an array of health problems including communicable diseases or genetic disorders that present immediately after sale or that do not surface until several years later, all of which lead to costly veterinary bills and distress to consumers; and WHEREAS, according to The Humane Society of the United States, hundreds of thousands of dogs -and cats in the United States have been housed and bred at substandard breeding facilities known 'as "puppy mills" or "kitten factories," that mass - produce animals for sale to the public; and many of these animals are sold at retail in pet stores; and WHEREAS, according to USDA inspection reports, some additional documented problems . found at puppy mills include: (1) sanitation problems leading to infectious disease; (2) large numbers of animals overcrowded in cages; (3) lack of proper veterinary care for severe illnesses and injuries; (4) .lack of protection.from harsh weather conditions; and (5) lack of adequate food and water; and WHEREAS, while "puppy mill" puppies and "kitten factory" kittens are being sold in pet stores, many dogs and cats are euthanized by Miami -Dade County's Animal Control Services; and WHEREAS, across the country, thousands of independent pet stores as well as large chains operate profitably with a business model focused on the sale of pet services and supplies and not on the sale of dogs and cats; many of these stores collaborate with local animal sheltering and rescue organizations to offer space and support for showcasing adoptable homeless pets on their premises; and WHEREAS, while the Village Council recognizes that not all dogs and cats retailed in pet stores are products of inhumane breeding conditions and would not classify every commercial breeder selling dogs or cats to pet stores as a "puppy mill" or "kitten factory," it is the Village Council's belief that puppy mills and kitten factories continue to exist in part because of public demand and the sale of dogs and cats in pet stores; and WHEREAS, the Village Council believes that eliminating the retail sale of dogs and cats in pet stores in the Village will promote community awareness of animal welfare and, in turn, will foster a more humane environment as well as encourage pet consumers to adopt dogs and cats from shelters, thereby saving animals' lives and reducing the cost to the public of sheltering animals; NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE OF PINECREST, FLORIDA: Section 1. The forgoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby rendered a specific part of this Ordinance upon adoption and shall serve as its legislative history. Section 2. That Chapter 16 of the Village's Code of Ordinances is hereby amended as follows': Article VII. Retail Sale of Dogs and Cats Sec. 16-60. Definitions. For purposes of this article, the following definitions shall apply: 1. "Animal shelter" means a public animal shelter or duly incorporated. nonprofit organization devoted to the rescue. ' Underlined text has been added. Strike through text has been deleted. -2- care and adoption of stray, abandoned or surrendered animals and which does not breed animals. 2. "Cat" means an animal of the Felidae family of the order Carnivora. 3. "Certificate of source" means a document declaring the source of the dog or cat sold or transferred by the pet store. The certificate shall include the name and address of the source of the dog or cat. 4 "Dog" means an animal of the Canidae family of the order Carnivora. 5. "Existing pet store" means any pet store or pet store operator that displayed, sold, dglivered, offered for sale, offered for adoption, bartered, auctioned, gave away, or otherwise transferred cats or dogs in the Village on the effective date of this article and complied with all applicable provisions of the Code of Ordinances. 6. "Pet store means a retail establishment open to the public and enga,�g in the business of offering for sale and /or selling animals at retail. 7. "Pet store operator" means a person who owns or operates a pet store. or both. 8. "Retail sale" includes display, offer for sale, for adoption, barter, auction. give a away, or other transfer of any cat or dog Sec. 60-61. Prohibition. No pet store shall display, sell deliver, offer for sale, barter, auction, give away, or otherwise transfer or dispose of dogs or cats in the Village on or after the effective date of this article. Sec. 60-62. Existing Pet Stores. An existing pet store may continue to display, offer for sale, offer for adoption barter, auction, give away, or otherwise transfer cats and dogs until December 31, 2013. -3- Sec. 60 -63. Exemptions. This article shall not apply to: 1. A person or establishment that sells, delivers, offers for sale, barters, auctions, gives away[, or otherwise transfers or disposes of only animals that were bred and reared on the premises of the person or establishment; 2. A publicly operated animal control facility or animal shelter; 3. A private, charitable, nonprofit humane society or animal rescue organization; or 4. A publicly operated animal control agency, nonprofit humane societ,y, or nonprofit animal rescue organization that operates out of or in connection with a pet store. Sec. 60 -64. Adoption of Shelter and Rescue Animals. Nothing in this article shall prevent a pet store or its owner, operator or employees from providing space and appropriate care for animals owned by a publicly operated animal control agency, nonprofit humane society, or nonprofit animal rescue agency and maintained at the pet store for the purpose of adopting those animals to the public. Section 2. Sever. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 3. Inclusion in the Code. It is the intention of the Village Council, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Code of the Village of Pinecrest; that the sections of this Ordinance may be renumbered or El I re- lettered to accomplish such intention; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 4. Effective Date, This Ordinance shall be effective immediately upon adoption c)n second reading. PASSED on first reading this 11 th day of September, 2013. PASSED AND ADOPTED on second reading this 8th day of October, 2013. Cindy Lern r, yor Attest: .^,� G ' o H. guanzo, Jr., CMC,_,._ Village Clerk 61 ,�'23a1 ' Approved as to Form and Legal Sufficiency: ' Village Attorney API N, :Olr'f Motion on Second Reading by: Councilmember Corrodino Second on Second Reading by: Councilmember Ross Vote: Councilmembers Corrodino, McDonald, Ross, Vice Mayor Cutler, and Mayor Lerner voting Yes -5- City of Margate, Florida 1 2 3 CITY OF MARGATE, FLORIDA 4 5 ORDINANCE NO. 1500 -603 6 7 8 AN ORDINANCE AMENDING THE CODE OF THE CITY OF 9 MARGATE, FLORIDA, CHAPTER 4, ANIMALS AND FOWL; 10 SECTION 4 -80 DEFINITIONS; SECTION 4 -81 11 DANGEROUS DOG; SECTION 4 -82 ENFORCEMENT OF 12 VIOLATIONS.; SECTION 4 -85 OUTDOOR PEN 13 REQUIREMENTS; SECTION 4 -86 FENCE REQUIREMENTS; 14 ADDING SECTION 4 -88 SALE OR TRANSFER OF DOG 15 AND /OR CATS; ADDING SECTION 4 -89 MINIMUM 16 STANDARDS - HOUSING AND CARE OF ANIMALS; 17 AMENDING APPENDIX A OF THE ZONING CODE ARTICLE 18 II SECTION 2.2, TERMS DEFINED, ARTICLE VI.- 19 TRANSIT ORIENTED CORRIDOR (TOC) SECTION 6.3 20 PERMITTED USES, SECTION 6.4 - TOC -G GATEWAY 21 PERMITTED USES, ARTICLE XI- NEIGHBORHOOD 22 BUSINESS B -1 DISTRICT, SECTION 11.3.- PERMITTED 23 USES, ARTICLE XII- COMMUNITY BUSINESS B -2 24 DISTRICT, SECTION 12.3 PERMITTED USES, ARTICLE 25 XIII - LIBERAL BUSINESS B -3 DISTRICT, SECTION 26 13.3 PERMITTED USES; PROVIDING FOR SALE AND 27 TRANSFER OF DOGS AND /OR CATS; PROVIDING FOR 28 DEFINITIONS; PROVIDING FOR MINIMUM STANDARDS; 29 PROVIDING FOR ENFORCEMENT; PROVIDING FOR 30 REPEAL; PROVIDING FOR SEVERABILITY; PROVIDING 31 FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE 32 DATE. 33 34 35 WHEREAS, from April 2011 to April 2012, 10,821 cats 36 and dogs were euthanized at Broward County animal shelters; 37 and 38 39 WHEREAS, on April 3, 2012, the Board of County 40 Commissioners of Broward County unanimously approved 41 Broward County Resolution 2012 -271, with the goal of 42 becoming a "no- kill" community; and 1 CODING: Words in struek thEeugh type we deletions from wing text; Words in underscored type are additions. 1 2 WHEREAS, while there has been a reduction of 3 euthanized animals in the fourteen (14) months since 4 Broward County embraced a "no- kill" goal, 11,900 dogs and 5 cats have been euthanized at its animal shelters; and 6 7 8 WHEREAS, the City Commission of the City of Margate 9 believes that reduction of the retail sale of dogs and cats 10 in pet stores will encourage pet consumers to adopt dogs 11 and cats from shelters, thereby saving animals' lives and 12 reducing the cost to the public of sheltering animals; and 13 14 WHEREAS, the City Commission of the City of Margate 15 further believes that reducing the retail sale of dogs and 16 cats in pet stores in the City will promote community 17 awareness of animal welfare and support Broward County in 18 meeting its goal to becoming a "no- kill" community. 19 20 NOW THEREFORE BE IT ORDAINED BY THE CITY COMMISSION OF 21 THE CITY OF MARGATE, FLORIDA: 22 23 SECTION 1: The Code of Ordinances of the City of 24 Margate, Florida, Chapter 4, Section 4 -80, Animals and 25 Fowl, Definition, is hereby amended to read as follows: 26 271 Sec. 4 -80. - Definitions. 28 (a) nemnitien— ef—dDangerous dog. 29 30 dispesit en to attaek human beings e3ra ether animals 2 CODING: Words in struek through type are a_, _t i €rem existing text; Words in underscored type are additions. 10 11 12 13 14 15 16 17 18 19 20 21 22 witheut being er harassed. A danger preveked the purpese —ef this seet} ius deg €er ear -shall F 1 When unprevelted, has mean any that: bitten, �mete assaulted er etherwise , attaeked safety ez human beings eL— endangered —the has 935 ewe rf i e i a l it te — er- — death -- eaused --mere than a f en ahl }e er pri,;o:ate preperty. -e any defnestle and (1) "Dangerous dog" means any dog that according to the records of the appropriate authority: (a) Has aggressively bitten, attacked, or endangered or has inflicted severe injury on a human being on ublic or private property; (b) Has more than once severely injured or killed a domestic animal while off the owner's property; or (c) Has, when unprovoked, chased or approached a person upon the streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack, provided that such actions are attested to in a sworn statement by one or more persons and dutifully investigated by the ap2ropriate authority. CODING: Words in struek through type are a l from existing text; Words in underscored type are additions. I (d)Has been classified as a dangerous dog in another 2 jurisdiction. 3 (2) "Unprovoked" means that the victim who has been 4 conducting himself or herself peacefully and lawfully 5 has been bitten or chased in a menacing fashion or 6 attacked by a dog. 7 8 (b)Animal rescue or anization shall mean a humane 9 society or other non-profit organization that is 10 dedicated to the protection of domestic animals, duly 11 registered with the Florida Department of State, and 12 properly organized as a bona fide charitable 13 organization under Section 501(c) (3) of the Internal 14 Revenue Code. 15 16 (c)Animal shelter shall mean a municipal or related 17 public animal shelter or duly incorporated nonprofit 18 organization devoted to the rescue, care and adoption of 19 stray, abandoned or surrendered animals, and which does 20 not breed animals. 21 22 (d) Certificate of source shall mean a document declaring 23 the source of the dog or cat sold or transferred by a 4 CODING: Words in struek through type are—deletA<ms. #rem - existing - textj Words in underscored type are additions. I pet store, including the name and address of the source 2 If the source is not the original breeding location, 3 certificate of source information shall include the 4 breeding location. 5 6 (e)Commercial animal enterprise means any animal boarding 7 place or other establishment related to the keeping 8 and /or care of animals including the breeding, boarding, 9 grooming, sale or training of dos and /or cats at which 10 more than four (4) animals are maintained at one (1) 11 time; however establishments or animal hospitals 12 maintained by a licensed veterinarian as part of the 13 practice of veterinary medicine and animal hospitals 14 maintained primarily for the treatment of animals shall 15 not be included in this definition provided than any use 16 of such facility for breeding, grooming, sale or training 17 of animals is secondary and subordinate to the primary 18 use of such facility for the treatment of animals. 19 (f) Hobby Breeder shall mean any person or entity who 20 intentionally or un- intentionally causes or allows the 21 breeding or studding of a cat or dog of up to two (2) 22 litters per household or premises during a consecutive 5 CODING: Words in struck trough type are delebiens from e°__ting ten-; Words in underscored type are additions. 1 12 -month period whether or not such animals were made 2 available for sale, adoption or other placement 3 (g)Kennel shall mean any establishment for the raising, 4 training, boarding or selling of dogs, cats, birds, mice, 5 rats, or other small animals for hire or profit, or where 6 more than four dogs or cats are harbored or kept over 7 four (4) months of age, as allowed by the applicable 8 zoning regulations of the City of Margate "Kennel,' shall 9 not include any humane society, animal protection agency, 10 veterinarian clinic, or hobby breeder. Kennel shall also 11 include any person or establishment that intentionally or 12 un- intentionally causes or allows the breeding or 13 studding of a cat or dog of three (3) or more litters of 14 dogs or cats per household or premises during a 15 consecutive 12 -month period whether or not such animals 16 were made available for sale, adoption or other 17 placement. 18 (h)Pet store or et shop shall mean a retail 19 establishment open to the public and engaging in the 20 business of offering for sale and /or selling animals at 21 retail. 22 6 CODING: Words in Btruele through type are deletiens from existing text; Words in underscored type are additions. 1 (i) Pet store (or shop) operator means a person who owns 2 and /or operates a pet store or shop. 3 4 (j)Rescue Group or Animal Rescue Group or means a group 5 of persons who hold themselves out as an animal rescue 6 group, accept or solicit dogs, cats, or other animals 7 with the intent of finding permanent adoptive homes or 8 providing lifelong care for such dogs, cats, or other 9 animals, and who use foster homes as the primary means 10 of housing animals; or a group of persons formed for the 11 prevention of cruelty to animals. 12 13 (h) Retail sale of cats or dogs shall include display, 14 offer for sale, adoption, barter, auction, give away, or 15 other transfer of any cat or dog. 16 17 SECTION 2: The Code of Ordinances of the City of 18 Margate, Florida, Chapter 4, Section 4 -81, Animals and 19 Fowl, Dangerous dog, is hereby amended to read as 20 follows: 21 22 An animal control officer or law enforcement officer 23 shall conduct a probable cause investigation of reported 7 CODING: Words in Struele through type are deletions from existing tentp Words in underscored tY a are additions. 1 incidents involving any dog that may be dangerous and 2 shall, if possible, interview the owner and obtain a 3 sworn affidavit from any person, including any animal 4 control officer or law enforcement officer, desiring to 5 have the dog classified as dangerous. 6 (a) It shall be deemed a violation of this section for 7 the owner or person harboring or having the care or 8 custody of the accused dog to violate any of the 9 following provisions while the probable cause 10 investigation or any related hearings are being 11 conducted. Violations of this section will result in a 12 five - hundred- dollar fine to the owner or person 13 harboring or having the care or custody of a dog under 14 investigation. 15 (1) Any animal that is the subject of a dangerous 16 dog investigation that cannot be safely confined to 17 a secure enclosure shall be impounded with an animal 18 control authority pending resolution of the 19 investigation and resolution of any hearings 20 relating to the dangerous dog classification. 21 (2) No dog that is the subject of a dangerous dog 22 investigation may be relocated or ownership 23 transferred pending the outcome of an investigation 8 CODING: Words in Struek through tyre are deletie Evem — exiting text,- Words in underscored type are additions. 1 or any hearings related to the determination of a 2 dangerous dog classification unless approved by the 3 city police department. 4 (3) The owner or person harboring or having the care 5 or custody of a dog under investigation as dangerous 6 shall provide the address of where the animal 7 resides to the city police department. 8 (4) Any dog under investigation as dangerous shall 9 reside on the premises of the owner and no person 10 owning, harboring or having the care or custody of 11 the dog shall suffer or permit such dog to go at 12 large or be unconfined on the premises of such 13 person. A dangerous dog is unconfined, as that term 14 is used in this section, if the dog is not confined 15 to a secure enclosure or securely confined in a 16 vehicle. 17 (5) No person owning, harboring, or having the care 18 or custody of a dog under investigation as dangerous 19 shall suffer or permit such dog to be outside of a 20 completely enclosed and secure building or pen, as 21 provided in this part, or unless such dog is 22 securely muzzled and restrained by a chain or lead 23 having a minimum tensile strength of three hundred 9 CODING: Words in struele through type deletions hem existing text,- Words in underscored type are additions. 1 (300) pounds and not exceeding three (3) feet in 2 length and is under the physical control of the 3 designated handler. The muzzle must be made in a 4 manner that will not cause injury to the dog or 5 interfere with his vision or respiration but will 6 prevent it from biting any person or animal. 7 (6) No person owning, harboring, or having the care 8 or custody of a dog under investigation as dangerous 9 shall hide the accused dog or in any way hinder a 10 dangerous dog investigation. 11 (7) Owners of a dog under investigation that wish to 12 destroy the subject dog must coordinate with the 13 investigating officer so as to assure that a 14 quarantine is conducted if required, and to verify 15 death. 16 (b) Upon finding of sufficient probable cause, the 17 city police department shall provide written 18 notification to the owner by registered mail, 19 certified hand delivery, or service in accordance with 20 provisions of F.S. Chapter 48. The owner may file a 21 written request for a hearing within seven (7) days 22 from the date of receipt of the notification of the 23 sufficient cause finding and, if requested, the 10 CODING: Words in suers thr .g,.. type are deletions from existing te3Et; words in underscored type are additions. 1 hearing shall be held by a hearing officer as soon as 2 possible but not more than thirty (30) days and no 3 sooner than five (5) days after receipt of the request 4 from the owner. Failure to request a hearing within 5 the seven -day period after the receipt of the 6 notification of sufficient cause finding shall result 7 in a final determination that the dog shall be 8 classified as dangerous. The code enforcement special 9 master of the city is authorized to serve as hearing 10 officer to administer this section. 11 (c) Once a dog is classified as a dangerous dog, the 12 police department shall provide written notification 13 to the owner by registered mail, certified hand 14 delivery, or service in accordance with the provisions 15 of F.S. Chapter 48, and the owner may file a written 16 request for a hearing in the county court to appeal 17 the classification within ten (10) days after receipt 18 of a written determination of dangerous dog 19 classification and shall initiate the filing of any 20 legal action necessary in furtherance of the appeal. 21 The dog must be confined by the owner in a securely 22 fenced or enclosed area pending a resolution of the 23 appeal. If the owner is unable or unwilling to 11 CODING: Words in p tr ek throng type are deletions frem— emsting text; Words in underscored type are additions. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 8 19 20 21 22 23 securely confine the dog, the police department may impound the dog if deemed necessary to protect the public. The owner shall be responsible for boarding fees, veterinary and other costs incurred by the city as may be required to humanely and safely keep the dog impounded during the appeal procedures, unless the owner prevails at the conclusion of all legal proceedings. Failure to timely request a hearing in the county court shall mean the owner has waived the right to appeal the dangerous dog classification and must comply with the provisions herein. (d) It shall be deemed a violation of this section for the owner of a dangerous dog to violate any of the following provisions. Violations of this section will result in a five - hundred - dollar fine to the owner and /or the city may request the owner to surrender the dog or petition a court of competent jurisdiction to order the seizure and impoundment and /or destruction of the dangerous dog. (1) Within fourteen (14) days after a dog is classified as dangerous, or a dangerous dog classification is upheld by the county court on appeal, the owner of the dog must obtain a 12 CODING: Words in stru k through e a from existing tents Words in underscored tune are additions. 1 certificate of registration for the dog from the 2 city police department and the certificate shall be 3 renewed annually. Certificates of registration and 4 renewal thereof shall only be issued to persons who 5 are at least eighteen (18) years of age and who 6 present evidence of the following to the police 7 department: 8 (a) Current certificate of rabies vaccination for 9 the dog. 10 (b) A secure enclosure to confine a dangerous dog 11 and the posting of the premises with clearly visible 12 warning signs at all entry points that inform both 13 children and adults of the presence of a dangerous 14 dog, including a picture of a fierce, snarling dog. 15 {e} The ewner s all ebtain a-- dangere:us —deg lieense 16 tag fief — the pe3iee department; -w# -J e.h, 17 of all - ties f ems --the pee e e f pFav=ding immedia 18 identifieatien to aiiserral eentrel and th pub lie t t 19 the dog has been ae ei ara a [19L L-eLJ . 20 (d c) Permanent identification consisting of a 21 tattee en the inner thigh bearing the dangere;us deg 22 1ieense— tag —number and - identifying —the deg as —a 23 dangereus de the installation of a microchi . 13 CODING: Words in sbruek through tom are deletions Ere — emoting text; Words in underscored type are additions. 1 (e d) Proof of liability insurance in the amount of 2 at least one hundred thousand dollars ($100,000.00) 3 covering any damage or injury which may be caused by 4 the dangerous dog during the period for which 5 licensing is sought. The policy shall name the City 6 of Margate as an additional insured for the sole 7 purpose of notifying the city police department of 8 any cancellation, modification, expiration or 9 termination of the policy or a surety bond in the 10 amount of one hundred thousand dollars ($100,000.00) 11 issued by an insurer authorized to do business 12 within the State of Florida, payable to any person 13 injured by the dangerous dog during the period for 14 which licensing is sought. Such bond shall require 15 the insurer to notify the police department within 16 ten (10) days of cancellation, modification, 17 termination or expiration of the bond. 18 (f- e) Payment of the applicable annual fee for the 19 issuance of the certificate of registration required 20 by this section. The fee for the issuance of a 21 certificate of registration of a dangerous dog shall 22 be two hundred dollars ($200.00). However, five (5) 23 years after the date the dog was declared dangerous, 14 CODING: Words in StE ele, through type de _t: _ _ frem —existing tent; Words in underscored type are additions. I the owner may request and be granted a reduction of 2 the annual fee provided that there have been no 3 violations of this section since the dog was 4 declared dangerous. The reduction of the fee shall 5 be half of the current fee. 6 (g f) The owner shall have the dog sterilized at his 7 or her own expense and shall present proof of said 8 sterilization by the veterinarian who performed the 9 operation within sixty (60) days of the dangerous 10 dog declaration. 11 (e) It shall be deemed a violation of this section for 12 the owner of a dangerous dog to violate any of the 13 following provisions. Violations of this section will 14 result in a five - hundred - dollar fine to the owner and /or 15 the city may request the owner to surrender the dog or 16 petition a court of competent jurisdiction to order the 17 seizure and impoundment and /or destruction of the 18 dangerous dog. 19 (1) The owner shall immediately notify the city police 20 department when a dog that has been classified as 21 dangerous: 22 (a) Is loose, at large, or unconfined. 15 CODING: Words in struck, =oug.h type are d ,$ from existing text, Words in underscored type are additions. 1 (b) Has bitten a human being or attacked another 2 animal. 3 (c) Is sold, given away, stolen, or dies. Owner must 4 show proof of death. 5 (d) Is moved to an address other than that stated in 6 the certificate of registration. 7 (2) Prior to a dangerous dog being sold or given away, 8 the owner shall provide the name, address and 9 telephone number of the new owner to the city police 10 department. The new owner must comply with all the 11 requirements of this section. The city police 12 department must be notified by the owner of any 13 dangerous dog that is to be relocated into the city 14 prior to such relocation. If a dog that has been 15 declared dangerous is relocated into or found to 16 reside in the corporate limits of the city, the owner 17 must be in compliance with all the requirements of 18 this section. 19 (3) Any dog classified as dangerous shall reside on 20 the premises of the owner and no person owning, 21 harboring or having the care or custody of a dangerous 22 dog shall suffer or permit such dog to go at large or 23 be unconfined on the premises of such person. A 16 CODING: Words in s ruekthrough type time— deletiens from existing t-extj Words in underscored t e are additions. I dangerous dog is unconfined as that term is used in 2 this section if the dog is not confined to a secure 3 enclosure or securely confined in a vehicle. 4 (4) No person owning, harboring, or having the care or 5 custody of a dangerous dog shall suffer or permit such 6 dog to be outside of a completely enclosed and secure 7 building or pen, as provided in this part, or unless 8 such dog is securely muzzled and restrained by a chain 9 or lead having a minimum tensile strength of three 10 hundred (300) pounds and not exceeding three (3) feet 11 in length and is under the physical control of the 12 designated handler. The muzzle must be made in a 13 manner that will not cause injury to the dog or 14 interfere with its vision or respiration but will 15 prevent it from biting any person or animal. 16 (5) The owner of a dangerous dog shall permit 17 unannounced inspections by an animal control officer 18 or law enforcement officer to determine the owner's 19 compliance with this section. 20 (6) It shall be a violation for the handler or any 21 other person having care custody or control of a 22 dangerous dog to provoke, harass, or in any way 23 promote or encourage the aggression of the dog. 17 CODING: Words in strr e k through type deletions from existing text; Words in underscored type are additions. 1 (f) Evidence of the training of dog(s), maintaining a 2 place where dog(s) are kept, trained, permitted, or 3 encouraged to fight, including, but not limited to, for 4 exhibition, or for sport or wager, or the possession of 5 paraphernalia known to be used for training, baiting or 6 fighting, or any cage, structure, or arena for the 7 purpose of confining animals to fight, or injuries or 8 scarring consistent with gaming activity shall constitute 9 a rebuttal presumption that said dog(s) are being 10 harbored primarily or in part for the purpose of dog 11 fighting. 12 (g) 13 (1) No person shall own or harbor any dog primarily 14 trained and/or used for the purpose of defending or 15 patrolling and protecting property without complying 16 with sections 4 -84, 4 -85 and 4 -86 of this chapter. 17 Evidence of the training of a dog or person harboring 18 such dog shall constitute a rebuttal presumption that 19 the dog is owned or is being harbored for the purpose 20 of causing or encouraging attacks on human beings or 21 animals in violation hereof. It shall be no defense to 22 a violation of this subdivision that such dog is being 23 kept for guarding a residence or business 18 CODING: Words in 'struck through type are deletleas from - existing text; Words in underscored type are additions. I establishment if compliance with sections 4 -84, 4 -85 2 and 4 -86 has not been met, however, any dog found in 3 violation of this subdivision that has not bitten a 4 person or domestic animal shall not be declared 5 dangerous if compliance with sections 4 -84, 4 -85 and 6 4 -86 is met within two (2) days. 7 (2) This section does not apply to dogs used by law 8 enforcement officials for law enforcement work. 9 10 SECTION 3: The Code of Ordinances of the City of 11 Margate, Florida, Chapter 4, Section 4 -82, Animals and 12 Fowl, Enforcement of violations, is hereby amended to read 13 as follows: 14 Section 4 -82 Enforcement of violations. 15 (a) Any person cited for a violation of this part 16 shall be deemed to be charged with a noncriminal 17 infraction. 18 (b) An animal control officer or a law enforcement 19 officer shall have discretion to either issue a 20 warning with no civil penalty or issue a citation for 21 a civil penalty in the amount designated in subsection 22 4 -81(d) or in the applicable section. 23 (c) A mandatory criminal court appearance may be 24 issued for certain aggravated violations of these 19 CODING: Words in Struok through type are -' l t from existing text-, Words in underscored tyee are additions. 1 sections resulting in the unprovoked biting, 2 attacking, or wounding of persons and /or domestic 3 animals; violations resulting in the destruction or 4 loss of personal property; second or subsequent 5 violation of animal cruelty laws; or violations 6 resulting in the issuance of a third or subsequent 7 citation to a person. 8 (d) Any person cited for a civil infraction under this 9 chapter shall be issued a code violation pursuant to 10 Chapter 162 of the Florida Statutes. sign and aeeept---a 11 eitatien aelene;;Yedging- reeeipt ef the— eitatlen an 12 indieating ai9gemi se tezappear In e?r'c'aty eel- if stie.h. 13 persen wishes fie— a ent est the —enarges —ode F. S. S 14 , 15 and aeeent a- eltatien issued by ail effieer shal]: -be 16 17 p an i shable a dd -.ii% o "gs -Ti-sV740,8 n '--r. er 18 19 (e) In the event an animal is impounded for violation 20 of this chapter and the owner of the animal abandons 21 the animal to the city police department, the owner 22 remains liable for the civil penalties imposed for 23 violations of this chapter. 20 CODING: Words in gruel-hough- type are t frem - existing- text; Words in underscored tyre are additions. 1 Frr; Aiiy persen 4:ssuedd a ei zatlen f er- vie -eii yr 2 neet }ens 4 84, 4-85 er 4-86 may have —the — eitatie 3 dismissed -after -- presenting xeef te the eity Pei -iee 4 department of aempliaaee -within fifteen (15) day -ef 5 the -i seuane-e -e f the eitatien. 6 (g) Affy per-seat -whe fails to pay the eilvil penalty 7 within - the ti,ne--- allewed, er- -€-ads te- appearr 8 to een-te-st the eitati•en, shall be deemed --te have 9 . -d his right te eentest the eitatien; and 'judgment 10 may a entered against the persen in the e9unty eeu t 11 fer all ameunt up to the m„ ` i l p 12 (f) A pet store found to have falsified a certificate 13 of source shall be liable to pay up to $5,000 per 14 violation, as provided for in Chapter 162 of the 15 Florida Statutes. 16 SECTION 4: The Code of Ordinances of the City of 17 Margate, Florida, Chapter 4, Section 4 -85, Animals and 18 Fowl, Outdoor pen requirements, is hereby amended to read 19 as follows: 20 Section 4 -85. - Gutdeer pen Eequirements. Reserved. 21 22 / eRF allew the deg to 23 with the EeI1&� 24 �delines . Pens are to -fie eenstrueted -e - -ehain line With 21 CODING: Words in etru-ek through type r a l +- frem —existing text; Words in underscored type are additions. 1 a- minimtm length of eight --(8) fee }, Width ef - five 2 (5) f eel— and a Minimum Height of six (6) me n 3 lin e suet=a=e Faust have - seetrre -sides, tep andbetem; ?mod 4 shall be designed te the frm prevent animal ese _* _r -, 5 under —er, threagh #e t�e�� , -s-t�e it a --� e_}�e� a, -fie �� 6 and shall alse =timede f; pre art eial preteetien— 7 elements.- Pens must be 19ested with signs r-eading-11BEwARE 8 GF 99G" "BAD ., 9 deg en all sides ef the Ne pen. fnere than 10 shall - be- enelesed -in any suehpen. 11 SECTION 5: The Code of Ordinances of the City of 12 Margate, Florida, Chapter 4, Section 4 -86, Animals and 13 Fowl, Fence requirements, is hereby amended to read as 14 follows: 15 Section 4 -86. - Fenee Outdoor enclosure requirements 16 (a) 17 18 aliew the deg - te-- be feneed in -a manner ,nee„ t t 19 with the fellewin g guidelines. g ' - -Fene e- must —e 20 21 animal (s) een€fired . te the preprty mod -- mush --fie 22 23 ever-, e - - 24 be pested with Signs ea64:ng "BEWARE GF DGG" eBAE) 22 CODING: Words in era - through type are -'elet'� frem -existing teaFtt Words in underscored type are additions. 11 2 1 18 19 20 22 23 "BEWARE entry peints when used in eenljunetzlen with erdinary all eerner-se# the perimeter of thefeviee- and -en-bet-h sides of the -gent e€ —t3 3 strueture. All sign are t o be maintained in legible eenditi errand-- apt -mot. faee-- the — direetien -ef entry to the area wherz —surd aniffial is r- eenf -ined. Any dog weighing twenty (20) pounds or less that is maintained outdoors for all or part of the day in a fenced yard or other type of enclosure shall be provided a minimum of one hundred (100) square feet of open space. Any dog weighing more than twenty (20) pounds that is maintained outdoors for all or part of the day in a fenced yard or other type of enclosure shall be provided a minimum of two hundred (200) square feet of open space. The enclosed area shall be large enough to provide a dog sufficient shelter within the required open space. Any enclosed area where a dog is confined shall be kept free of objects that may injure the dog. Dogs shall not be maintained outdoors during periods of extreme weather including, but not limited to, hurricanes, tropical 23 CODING: Words in struek through type a from e-ting teat; Words in underscored type are additions. I storms, and tornados. 2 (b) Fences that use electronic collars on the animal to 3 contain them are prohibited. 4 (c) All structures involved in securing the dog must 5 comply with the city building department and zoning 6 department codes. 7 (d) Fences must be constructed in a manner which serves to 8 keep said animal(s) confined to the property and must 9 be maintained so as to prevent the animal(s) escape by 10 means of going under, over, or through. 11 (e) Outdoor shelters for dogs and cats must be of sound 12 construction and provide adequate protection from 13 rain, wind, sun, and all elements at all times. The 14 following elements shall be provided as essential 15 components of shelter: 16 17 (1) When the outdoor temperature falls below forty - 18 five (45) degrees Fahrenheit, all cats and dogs must 19 be protected from the cold and heat being moved —by 20 indoors or provided adequate heating to maintain the 21 air temperature above forty -five (45) degrees 24 CODING: Words in Drae1r; through type -a-r-&—del from existing tex; Words in underscored type are additions. 1 Fahrenheit. When the outdoor temperature rises above 2 eighty -five (85) degrees Fahrenheit, all dogs and cats 3 must be provided air conditioning, a fan, or another 4 cooling source to maintain the temperature in the 5 shelter at or below eighty-five (85) degrees 6 Fahrenheit. 7 (2) Clean and dry bedding material. 8 (3) Sufficient space for each dog or cat to 9 comfortably stand u , sit down, lie down, and turn 10 around in the shelter, without touching the top or 11 sides of the shelter. If the shelter is used for more 12 than one (1) dog or cat at the same time, it must 13 provide enough space for all animals to comfortably 14 stand up, sit down, lie down, and turn around 15 simultaneously. 16 (4) A solid weatherproof roof, a solid sanitary floor, 17 and adequate ventilation. 18 (5) All areas where dogs and cats are kept must 19 be cleaned and the fecal matter disposed of in a 20 sealed trash receptacle so as not to attract insects 21 or rodents, become unsightly, or cause objectionable 22 odor. 25 CODING: Words in struck threugh type e de l.. ar L ' —1 r-- ivss� from existing —text; Words in underscored type are additions. 1 SECTION 6: The Code of Ordinances of the City of 2 Margate, Florida, Chapter 4, Animals and Fowl, is hereby 3 amended by adding new Section 4 -88, Sale or Transfer of Dog 4 and /or cats, as follows: 5 6 Section 4 -88. - Sale or transfer of dogs and /or cats. 7 (a) No pet store shall display, sell, trade, deliver, 8 barter, lease, rent, auction, give away, transfer, 9 offer for sale or transfer, or otherwise dispose of 10 dogs or cats in the City of Margate, on or after the 11 effective date of this ordinance. 12 13 (1) Exemptions. This Section, except for (b) 14 certificate of source, does not apply to: 15 (a) A hobby breeder 16 (b) A publicly operated animal control facility or 17 animal shelter 18 (c) A private, charitable, non - profit humane 19 society or animal rescue organization; 20 (d) A publicly operated animal control agency, 21 non- profit humane society, or non - profit 22 animal rescue organization that operates out 23 of or in connection with a pet store; or 24 (e) Pet stores that 25 (1) possessed an active City of Margate local 26 CODING: Words in s -rue jr; threugh type are dee-letion-9 Err° sting text j Words in underscored tv_ pe are additions. 1 business tax receipt on or before the 2 effective date of this ordinance, and 3 (2) demonstrates through receipts and customer 4 identification that they have sold dogs or 5 cats within three months prior to the 6 effective date of this ordinance. 7 8 (b) Certificate of Source 9 (1) Any lawful entity involved in the sale, transfer, or 10 adoption of cats and dogs shall post and maintain, in 11 a conspicuous place, on or within three feet of each 12 animals' cage or enclosure, a certificate of source of 13 each dog or cat offered for sale or transfer, and 14 shall provide a copy of such certificate to the 15 purchase or transferee of any dog or cat sold or 16 transferred. 17 (2) A Margate Animal Control Officer or employee of 18 the Broward County animal shelter, may, at any time, 19 request to review copies of such certificates and, 20 upon such request, the pet store must present such 21 certificates at that time and without delay. 22 23 SECTION 7: The Code of Ordinances of the City of 27 CODING: Words in struek through type are deletiens from existing tentp Words in underscored type are additions. 1 Margate, Florida, Chapter 4, Animals and Fowl, is hereby 2 amended by adding new Section 4 -89, Minimum Standards - 3 housing and care of animals, as follows: 4 5 Section 4 -89. - Minimum Standards - housing and care of 6 animals 7 (a) It shall be unlawful for any person keeping a dog or 8 cat to fail to provide: 9 (1) Clean, sanitary, safe, and humane conditions; 10 (2) Sufficient quantities of appropriate food daily; 11 (3) Proper air ventilation and circulation; 12 (4) Adequate quantities of visible, clean, and fresh 13 water available at all times; and 14 (5) Medical attention or necessary veterinary care 15 when the dog or cat is sick, diseased, or injured 6 Upon request of the Division, written proof of medical 17 attention or veterinary care must be provided. 18 (b) Any unspayed female dog or cat in heat (estrus) shall 19 be confined during such period of time in a house, 20 building, or secure enclosure. Such enclosure shall be 21 constructed so that no other dog or cat may ain access to 22 the confined animal, except for intentional breeding 23 purposes. 28 CODING: Words in s tr ^'r. through type are deletions from "ti Words in underscored type are additions. 1 (c) Dogs or cats with a known history of fighting should 2 not be confined together or be allowed to be accessible to 3 each other. 4 (d) It shall be unlawful for any person keeping a dog or 5 cat to fail to provide shelter for that animal 6 (f) Dogs shall be given appropriate daily exercise 7 (g) Any commercial animal enterprise, including but not 8 limited to, pet stores, shelters, and kennels 9 1) Cages - All cages shall be equipped with food and 10 water receptacles mounted or situated so that the 1 animal cannot overturn, defecate, or urinate therein. 12 All cages are to be constructed of a non - absorbent, 13 non - porous material. All cages shall have floors of 14 either solid construction or woven wire mesh 15 construction, or any combination thereof. Cages having 16 woven or wire mesh floors may be used to confine or 17 display animals, provided that the spaces between the 18 wire mesh or weave are smaller than the pads of the 19 feet of the animal confined therein. Cages having wire 20 construction shall be constructed of wire which is of 21 sufficient thickness so as to preclude injury to the 22 animals confined herein. Cages constructed of wire 23 having barbs or other rough surfaces are prohibited 29 CODING: Words in Struek threugh type —are d_,_t___ from °'song -temt; Words in underscored type are additions. 1 All cages shall be of sufficient height to permit 2 every animal confined therein to stand normally to its 3 full height and to turn. All cages shall be of 4 sufficient size so as to prevent overcrowding 5 2) Animals shall not be without attention for over 6 twelve (12) consecutive hours. 7 3) No animal shall be exposed to public view for 8 more than sixteen (16) hours out of twenty -four (24) 9 hours. 10 4) Animals kept for sale, or exhibited, shall be 11 strong, healthy, and in good condition of flesh 12 5) Animal bedding shall be sufficient in size and 13 quantity, be of good quality, and be kept clean 14 6) Sick or diseased animals shall be isolated from 15 healthy animals at all times, and so segregated that 16 the illness or disease shall not be transmitted to 17 another animal. 18 7) Sick or injured animals shall not be sold, 19 offered for sale, or displayed. 20 8) Animals which are unweaned, less than eight (8) 21 weeks old, or so weak that their sale would be 30 CODING: Words in gt=uek t2ieugh type are deletions fro ' sting texts Words in underscored type are additions. 1 injurious to them, shall not be sold, offered for 2 sale, or given away. 3 9) Animals which are enemies by nature, or are 4 temperamentally unsuited, shall not be quartered 5 together or so near each other as to cause the animals 6 fear, or to cause them to be abused, tormented, or 7 annoyed. 8 10) Any commercial animal enterprise or pet shop 9 shall maintain a register of the names and addresses 10 of persons from whom animals are received and to whom 11 animals are sold, traded or given. 12 11) Any commercial animal enterprise or pet shop 13 shall furnish the City Manager or designee with the 14 names, addresses and telephone numbers of a 15 responsible person or persons who have access to the 16 place of business and who can be reached in an 17 emergency at any time outside of business hours 18 12) Any changes in address, ownership or management 19 shall be reported in writing to the Economic 20 Development Department at least five (5) days prior to 21 such change. 22 SECTION 8: Section 2.2 Terms Defined, of Appendix A of 23 the Zoning Code of the City of Margate, Florida, is hereby 24 amended as follows: 31 CODING: Words in struek through type are a l t €-vest- - existing text; Words in underscored type are additions: 1 2 Section 2.2. - Terms defined. 3 Kennel: The term kennel shall be construed to include 4 any establishment for the raising, training, boarding or 5 selling of dogs, cats, birds, mice, rats, or other small 6 animals for hire or profit, or where more than four dogs or 7 cats are harbored or kept over four (4) months of age. 8 "Kennel" shall not include any humane society, animal 9 protection agency, veterinarian clinic, or hobby breeder 10 Kennel shall also include any person or establishment that 11 intentionally or un- intentionally causes or allows the 12 breeding or studding of a cat or dog of three (3) or more 13 litters of dogs or cats per household or premises during a 14 consecutive 12 -month period whether or not such animals 15 were made available for sale, adoption or other placement. 16 Pet store or pet shop shall mean a retail establishment 17 open to the public and engaging in the business of offering 18 for sale and /or selling animals at retail. 19 [Note to Municipal Code: The rest of this section shall 20 remain as codified.] 21 22 23 SECTION 9: ARTICLE VI. - TRANSIT ORIENTED CORRIDOR 24 (TOC) DISTRICT, Section 6.4 Section 6.3 -TOC -G Gateway 25 permitted uses, of Appendix A of the Zoning Code of the 26 City of Margate, Florida, is hereby amended as follows: 27 28 Section 6.3. - TOC -G Gateway permitted uses. 32 CODING: Words in struek threugh ye are deletiene from - emoting tit; Words in underscored type are additions. I (A) [Permitted uses.] No building or structure, or part 2 thereof, shall be erected, altered or used, or land or water 3 used, in whole or in part, for other than any of the uses 4 specified below. 5 6 Pet grooming (soundproofed only). 7 Pet shop, wit =ems —kennel fmaeiritie- subject to restrictions 8 set forth in Chapter 4 of the Margate Code of Ordinances. 9 (B) Special exception uses. Special exception uses may be 10 deemed appropriate to provide a complete distribution of 11 commercial uses with the city, but because of their 12 operational characteristics or area requirements need to be 13 given individual consideration with respect to their 14 location, access and relationship to adjacent properties and 15 public rights -of -way, and conformity with the city's current 16 and future redevelopment efforts. 17 (1) The following uses are authorized upon a finding by the 18 city commission that a special exception to the article is 19 warranted, pursuant to the procedure and criteria set forth 20 in Sections 12.9 through 12.12 of this Code. 21 (a) Amusement arcade centers in accordance with all 22 provisions of Article XX of Appendix A and Florida 23 Statute 849.161(2). 24 (b) Animal clinics, pet hospitals, subject to the 25 following limitations: 26 1. Adequate soundproofing in any area where animals 27 are contained or treated; and 28 2. All boarding activities shall be ancillary to the 29 primary use. 30 3. Subject to restrictions set forth in Chapter 4 of 31 the Margate Code of Ordinances. 32 [Note to Municipal Code: The rest of this section shall 33 remain as codified.] 34 35 SECTION 10: ARTICLE VI. - TRANSIT ORIENTED CORRIDOR 36 (TOC) DISTRICT, Section 6.4 - TOC -G Gateway permitted uses, 37 of Appendix A of the Zoning Code of the City of Margate, 38 Florida, is hereby amended as follows: 39 Section 6.4. - TOC -G Gateway permitted uses. 33 CODING: Words in struele through type are a l i from existing text,- Words in underscored type are additions. 1 (A) [Permitted uses.] No building or structure, or part 2 thereof, shall be erected, altered or used, or land or water 3 used, in whole or in part, for other than any of the uses 4 specified below. 5 Pet grooming (soundproofed only). 6 Pet shop, witheut— leenne! faeilities— subject to restrictions 7 set forth in Chapter 4 of the Margate Code of Ordinances 8 9 (B) Special exception uses. Special exception uses may be 10 deemed appropriate to provide a complete distribution of 11 commercial uses with the city, but because of their 12 operational characteristics or area requirements need to be 13 given individual consideration with respect to their 14 location, access and relationship to adjacent properties and 15 public rights -of -way, and conformity with the city's current 16 and future redevelopment efforts. 17 (1) The following uses are authorized upon a finding by the 18 city commission that a special exception to the article is 19 warranted, pursuant to the procedure and criteria set forth 20 in Sections 12.9 through 12.12 of this Code. 21 (a) Amusement arcade centers in accordance with all 22 provisions of Article XX of Appendix A and Florida Statute 23 849.161(2). 24 (b) Animal clinics, pet hospitals, subject to the following 25 limitations: 26 1. Adequate soundproofing in any area where animals are 27 contained or treated; and 28 2. All boarding activities shall be ancillary to the 29 primary use. 30 3. Subject to restrictions set forth in Chapter 4 of the 31 Margate Code of Ordinances. 32 33 [Note to Municipal Code: The rest of this section shall 34 remain as codified.] 35 36 SECTION 11: Article XI- Neighborhood Business B -1 37 District, Section 11.3.- Permitted Uses, of Appendix A of 38 the Zoning Code of the City of Margate, Florida, is hereby 39 amended as follows: 34 CODING: Words in struek through type are -' l t from xisting teNt Words in underscored type are additions. 1 2 Section 11.3. - Permitted uses. 3 (A) Permitted uses specified. No building or structure, or 4 part thereof, shall be erected, altered or used, or land or 5 water used, in whole or in part, for other than one of the 6 following specified uses: 7 Pet grooming, subject to the following limitations: 8 (1) Must be less than three thousand (3,000) square feet in 9 area. 10 (2) Soundproofing required. 11 Pet shop, witheut kennel f e ee-,- subject to the 12 following limitations: 13 (1) Must be less than three thousand (3,000) square feet in 14 area. 15 (2) Not permitted within one hundred (100) feet of any 16 residential district. 17 (3) No outdoor pens or runs permitted. 18 (4) Subject to restrictions set forth in Chapter 4 of the 19 Margate Code of Ordinances. 20 (B) Special exception uses. The following uses are 21 authorized upon a finding by the city commission that a 22 special exception to the article is warranted. The 23 commission shall consider all applications for a special 24 exception approval pursuant to the procedure and criteria 25 set forth in Sections 12.9 and 12.10 for new construction 26 and in Sections 12.11 and 12.12 for uses at existing 27 buildings. 28 Animal clinic, pet hospital, subject to the following 29 limitations: 30 (1) Must be less than three thousand (3,000) square feet in 31 area. 32 (2) Adequate soundproofing in any area where animals are 33 contained or treated. 34 (3) All boarding activities shall be ancillary to the 35 primary use. 36 (4) Subject to restrictions set forth in Chapter 4 of the 37 Margate Code of Ordinances. 35 CODING: Words in GtrUek through —type are deletions from existing text,- Words in underscored type are additions. 1 [Note to Municipal Code: The rest of this section shall 2 remain as codified.] 3 4 SECTION 12: Article XII- Community Business B -2 5 District, Section 12.3 Permitted uses, of Appendix A of the 6 Zoning Code of the City of Margate, Florida, is hereby 7 amended as follows: 8 9 (A) Permitted uses specified. No building or structure, or 10 part thereof, shall be erected, altered or used, or land or 11 water used, in whole or in part, for other than the 12 following specified uses: 13 Pet grooming, subject to the following limitation(s): 14 (1) Soundproofing required. 15 Pet shop, witheut ke enaeilsztes—, subject to the 16 following limitation(s): 17 (1) Not permitted within one hundred (100) feet of any 18 residential district. 19 (2) No outdoor pens or runs permitted. 20 (3 ) Subject to restrictions set forth in Chapter 4 of the 21 Margate Code of Ordinances. 22 (B) Special exception uses. The following uses are 23 authorized upon a finding by the city commission that a 24 special exception to the article is warranted, pursuant to 25 the procedure and criteria set forth in Sections 12.9 26 through 12.12 of this Code. 27 Amusement arcade center, in accordance with all provisions 28 of Article XX of Appendix A and Florida Statute 849.161(2). 29 Animal clinic, pet hospital, subject to the following 30 limitation(s) : 31 (1) Adequate soundproofing in any area where animals are 32 contained or treated. 33 (2) All boarding activities shall be ancillary to the 34 primary use. 35 (3) Subject to restrictions set forth in Chapter 4 of the 36 Margate Code of Ordinances. 37 [Note to Municipal Code: The rest of this section shall 38 remain as codified.] 36 CODING: Words in struck -through type ar a L €rem- - ensuing —bent; Words in underscored type are additions. 1 2 SECTION 13: Article XIII - Liberal Business B -3 3 District, Section 13.3 Permitted uses, of Appendix A of the 4 Zoning Code of the City of Margate, Florida, is hereby 5 amended as follows: 6 (A) Permitted uses specified. No building or structure, or 7 part thereof, shall be erected, altered or used, or land or 8 water used, in whole or in part, for other than the 9 following specified uses: 10 Animal clinics, pet hospitals, subject to the following 11 limitation(s): 12 (1) Adequate soundproofing in any area where animals are 13 contained or treated. 14 (2) All boarding activities shall be ancillary to the 15 primary use. 16 (3) Subject to restrictions set forth in Chapter 4 of the 17 Margate Code of Ordinances. 18 Pet grooming, subject to the following limitation(s): 19 (1) Soundproofing required. 20 Pet shop, without kennel facilities, subject to the 21 following limitation(s): 22 (1) Not permitted within one hundred (100) feet of any 23 residential district 24 (2) No outdoor pens or runs permitted. 25 (3) Subject to restrictions set forth in Chapter 4 of the 26 Margate Code of Ordinances. 27 SECTION 5: Article XIV -Light Industrial M -1 District, 28 Section 14.3 - Permitted uses, of Appendix A of the Zoning 29 Code of the City of Margate, Florida, is hereby amended as 30 follows: 37 CODING: Words in etr-uek thr-eugh type are deletions irem wing —text; Words in underscored type are additions. 1 2 3 F11 M 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 No building or structure or part thereof shall be erected, altered or used, or land or water used, in whole or in part, for other than the following specified uses: Kennels— ,subject to restrictions set forth in Chapter 4 of the Margate Code of Ordinances. [Note to Municipal Code: The rest of this section shall remain as codified.] SECTION 14. All ordinances or parts of ordinances in conflict herewith are, and the same is, here by repealed to the extent of such conflict. SECTION 15. If any section, clause or phrase of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance. SECTION 16. It is the intention of the City Commission that the provisions of this ordinance shall become and be made a part of the City of Margate Code, and that the sections of this ordinance may be renumbered or re- lettered and the word "ordinance" may be changed to "section ", "article" or such other appropriate word or phrase in order to accomplish such intentions. SECTION 17. This ordinance shall become effective immediately upon adoption at its second reading. PASSED ON FIRST READING THIS 18th day of SEPTEMBER, 2013. PASSED ON SECOND READING THIS 2nd day of OCTOBER, 2013. ATTEST: LESLIE WALLACE MAY, MMC CITY CLERK ')- e r�k MAYOR FRANK B. ERICO 38 CODING: Words in Strue1r; — ;throug e- are -' ' t frem - existing tex; Words in underscored type are additions. PA 3 4 5 6 7 8 9 10 11 RECORD OF VOTE - 1ST READING READING Ruzzano Yes Donahue Yes Simone Yes Peerman Yes Talerico Aye ORDINANCE: 1500 -603 RECORD OF VOTE - 2ND Ruzzano Yes Donahue Yes Simone Yes Peerman Yes Talerico Yec 39 CODING: Words in struelt th reugh type are frem existing text; Words in underscored type are additions. City of Sunrise, FL CITY C.L,ERK CITY OF SUNRISE SUNRISE, FLORIDA 14 MAY -2 PM 4: -29 ORDINANCE NO. 577 AN ORDINANCE OF THE CITY OF THE CITY OF SUNRISE, FLORIDA; AMENDING CHAPTER 4 "ANIMALS;" ARTICLE I "IN GENERAL;" BY CREATING SECTION 4 -7 "RETAIL BALE OF DOGS AND CATS ;" PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CITY CODE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, according to the Humane Society of the United States, hundreds of thousands of dogs and cats in the United States have been housed and bred at substandard breeding facilities known as "puppy mills" or "kitten factories" (collectively "Facilities ") that mass - produce animals for sale to the public; and WHEREAS, because of the lack of proper animal husbandry practices at these Facilities, animals born and raised there are more likely to have genetic disorders and lack adequate socialization, and breeding animals utilized there are subject to inhumane housing conditions and are indiscriminately disposed of when they reach the end of their profitable breeding cycle; and WHEREAS, many animals produced in these Facilities are purchased by retail pet stores for sale to the public; and KAKRG0313 underscored words are additions 1 C14078 ORDINANCE NO. 577 WHEREAS, while not all dogs and cats sold in retail pet stores are the product of inhumane breeding conditions and not every commercial breeder selling dogs or cats to pet stores operates "puppy mills" or "kitten factories," the City Commission believes that "puppy mills" and "kitten factories" continue to exist in part because of public demand fueled by the availability of dogs and cats in pet stores leading to "impulse" purchases of animals; and WHEREAS, the City Commission believes that restricting the retail sale of dogs and cats in the City will promote community awareness of animal welfare and, in turn, will foster a more humane environment in the City; and WHEREAS, the City Commission believes that the restriction of the retail sale of dogs and cats in pet stores in the City will reduce impulse purchases of pets, which can lead to abandonment or mistreatment of the animals once they have outgrown their initial puppy or kitten appeal and will also encourage pet consumers to adopt dogs and cats from shelters where proposed owners are screened for their suitability with respect to the animal, thus reducing the likelihood that the animal will be mistreated or abandoned and thereby saving animals' lives and reducing the cost to the public of sheltering animals; and KAKRG0313 2 014078 ORDINANCE NO. 577 underscored words are additions WHEREAS, the City Commission of the City of Sunrise has determined that the following amendment promotes and protects the general health, safety, and welfare of the residents of the City of Sunrise. NOW, THEREFORE, HE IT ORDAINED BY THE CITY COMKISSION OF THE CITY OF SUNRISE, FLORIDA: Section 1: The foregoing Whereas clauses are hereby ratified and incorporated as the legislative intent of this Ordinance. Section 2: That section 4 -7 of the Code of the City of Sunrise, Florida, is hereby amended to read as follows: Reserve &.Sec. 4 -7. Retail Sale of Dogs and Cats. (1) Definitions. For purposes of this section, the following definitions shall apply: Animal rescue organization means humane society or other duly incorporated or organized nonprofit organization operated as a bona fide charitable organization under Section 501(c) 3 of the Internal Revenue Code, which organization is devoted to the rescue, care and /or adoption of stray, abandoned, injured or surrendered animals and which does not breed animals. Animal Shelter means a municipal or related public animal shelter or duly incorporated or organized nonprofit organization operated as a bona fide charitable organization under Section 501(c) 3 of the Internal Revenue Code devoted to the rescue, care and /or adoption of stray, abandoned, injured or surrendered animals, and which does not breed animals. Cat means an animal of any age of the Felidae family of the order Carnivora. KAKR.G0313 1 C14078 ORDINANCE NO. 577 underscored words are additions Certificate of Source means a document from the source or County animal shelter or animal control agency, humane society, non- profit rescue organization or Hobby Breeder declaring the source of origin of a dog or cat on the premises to be sold or transferred or offered for sale or transfer. A Certificate of Source shall include at a minimum: (a) a brief description of the dog or cat, the name, address, telephone number, and e-mail address of the source of the dog or cat; (b) shall be signed by the pet store certifying the accuracy of the certificate; and (c) shall be signed by the purchaser or transferee of the dog or cat acknowledging rece of the Certificate of Source. Dog means an animal of any age of the Canidae family of the Carnivora. Hobby Breeder means any person or entity that causes or allows the breeding or studding of a doq, or cat resulting in no more than a total of one litter per calendar year whether or not the animals in such litter are offered for sale or other transfer. Pet store means any retail establishment open to the public that sells or transfers, or offers for sale or transfer, dogs and /or cats, regardless of the age of the dog or cat. Pet store operator means a person who owns or operates a pet store. (2) Sale or transfer of dogs and /or cats. No pet store shall display, sell, trade, deliver, barter, lease, rent, auction, give away, transfer, offer for sale or transfer, or otherwise dispose of dogs or cats on or after the effective date of this Ordinance unless the pet store is exempt under subsection (3) below. (3) Exemptions. Section 4 -7(2) does not apply to: (a) Pet stores that (i) obtain their cats and docts from. a Hobby Breeder as defined above or who breed their own cats and dogs and (ii) comply with subsection (4) below. (b) An animal shelter. (c) An animal rescue organization. (d) An animal shelter or animal rescue organization that operates out of or in connection with a pet store or other retail store. KAKRGO313 underscored words are additions 014078 ORDINANCE NO. 577 (e) Pet stores that possess an active City of Sunrise local business tax receipt on [date of second reading] shall have thirty (30) days from [date of second reading] to comply with the Certificate of Source in subsection (4) below and shall be exempt from this ordinance for a period of one hundred and eighty (180) days from [date of second reading] . (f) A Hobby Breeder as defined above. (4) Certificate of Source. (a) A pet store shall post and maintain in _a conspicuous place, on or within three (3) feet of each dog's or cat's kennel, cage or enclosure, a Certificate of Source for each dog or cat offered for sale or transfer, and-the pet store shall provide a copy of such Certificate of Source to the purchaser or transferee of any dog or cat sold or transferred. (b) Falsification of a Certificate of Source by a pet store, pet store operator, or any other person is hereby declared unlawful. (5) Hobby Breeders must meet the following requirements: (a) Keep records, for a period of at least three (3) years and make such records available for review by the City upon request of (i) the birth of each litter of dogs and cats and (ii) veterinary records of rabies vaccinations, all other inoculations, and any medical condition(s) of each dog and cat. (b) Ensure that dogs and cats are provided: clean, sanitary, safe and humane conditions; sufficient quantities of appropriate food daily; proper air ventilation and circulation; _adequate quantities of visible, clean and fresh water available at all times; and medical attention or necessary veterinary care when the dog or cat is diseased or injured. 6) Violations - Enforcement. rson who violates this Section shall be punished as provided in sections 2 -116 through 2 -126 of the City's Code of Ordinances. KAKRG0313 underscored words are additions C14078 ORDINANCES NO. 577 Section 3. Conflict. All ordinances or parts of ordinances, all City Code sections or parts of City Code sections, and all resolutions or parts of resolutions in conflict with this Ordinance are hereby repealed to the extent of such conflict. Section 4. Severability. Should any provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a whole, or any part thereof, other than the part declared to be invalid. Section S. Inclusion in the City Code. It is the intention of the City Commission, and it is hereby ordained that the { provisions of this Ordinance shall become and be made a part of the Code of the City of Sunrise, Florida. Section 6. Effective Date. This Ordinance shall be effective immediately upon its passage. PASSED AND ADOPTED upon this first reading this 8TH DAY OF APRIL, 2014. PASSED AND ADOPTED upon this second reading this 22ND DAY OF APRIL, 2014. !6"M Mayor Michaan KAKRG0313 6 C14078 ORDINANCE NO. 577 underscored words are additions FIRST READING MOTION: KERCH SECOND: SOFIELD Authentication: Felicia M, Bravo City Clerk - SECOND READING MOTION: SOFIELD- SECOND: KERCH KERCH; YEA KERCH: YEA ROSEN: ABSENT ROSEN: YEA SCUOTTO: YEA SCUOTTO: YEA SOFIELD: YEA SOFIELD: YEA RYAN: YEA RYAN: YEA Approved by the City-Attorney As to Form and Legal Sufficiency KAKRG0313 underscored words are additions 7 *1 I Kimberly ,)V Kisslan C14078 ORDINANCE NO. 577 City of Phoenix, AZ Phoenix Municipal Code Page 14 of 31 8 -3.05 Equine tripping or diving.i f3 SHARE In A. Any person who commits equine tripping or diving is guilty of a Class One misdemeanor. *1 B. For purposes of this Section; 1. Equine means a horse, pony, mule, donkey or hinny. 2. Tripping means intentionally or knowingly, for the purpose of entertainment or sport, causing an equine to lose its balance or fall, by use of a wire, pole, stick, rope or any other object or by any other means. 3. Diving means intentionally or knowingly, for the purpose of entertainment, demonstration or exploitation, causing an equine to plunge into a body of water. +1 C. Penalty. 1. A person convicted of subsection A of this section is guilty of a Class One misdemeanor punishable by jail for a term of not less than 48 consecutive hours and a fine of not less than $1,000. 2. Upon a second conviction, a person convicted of subsection A of this section is guilty of a Class One misdemeanor punishable by jail for a term of not less than 30 consecutive days and a fine of not less than $2,000. 3. Upon a third conviction, a person convicted of subsection A of this section is guilty of a Class One misdemeanor punishable by jail for a term of not less than 90 consecutive days and a fine of not less than $2,000. (Ord. No. G- 5274, § 1, 11 -12 -2008, eff. 12 -12 -2008; new style in use as of 8 -1 -2011) Date of Addition /Revision /Deletion - Section 8 -3.05 +1 Addition on 4 -18 -2012 by Ordinance No. G -5697, eff. 5 -18 -2012 *1 Revision on 4 -18 -2012 by Ordinance No. G -5697, eff. 5 -18 -2012 Editor's note —Ord. No. G -5445, § 1, adopted Oct. 21, 2009, effective Nov. 20, 2009, added a new Section 8 -3.03. Inasmuch as there already exists a Section 8 -3.03, the existing Sections 8 -3.03 and 8 -3.04 have been renumbered to Section 8 -3.04 and 8- 3.05 to facilitate the incorporation of the new Section 8 -3.03. An ordinance will be passed at a later date to correct the section numbering. 8 -3.06 Prohibition on sale of dogs or cats. +1 CO SHARE © V A. No pet shop or pet dealer shall display, sell, deliver, offer for sale, barter, auction, give away, broker or otherwise transfer or dispose of a dog or cat except for a dog or cat obtained from: 1. An animal shelter; http: / /www. codepublishing. com/AZ/ Phoenix/ cgi/ NewSmartCompile .pl ?code==phoenix &ext... 6/3/2014 Phoenix Municipal Code Page 15 of 31 2. A private, nonprofit humane society or nonprofit animal rescue organization; or 3. An animal shelter, nonprofit humane society or nonprofit animal rescue organization that operates out of or in connection with a pet shop. B. All pet shops and pet dealers shall maintain records, for a period of one year from the date of acquisition, listing the source of all dogs or cats under their ownership, custody or control. Records shall be immediately available, upon request, to law enforcement, code compliance officials, and any other City employees charged with enforcing the provisions of this section. C. This section does not apply to: 1. A person or establishment, other than a pet shop or pet dealer, which displays, sells, delivers, offers for sale, barters, auctions, gives away, brokers or otherwise transfers or disposes of only dogs and cats that were bred and reared on the premises of the person or establishment; 2. An animal shelter; 3. A private, nonprofit humane society or nonprofit animal rescue organization; or 4. An animal shelter, nonprofit humane society or nonprofit animal rescue organization that operates out of or in connection with a pet shop. D. Nothing in this section shall prevent a pet shop or pet dealer from providing space and appropriate care for animals owned by an animal shelter, nonprofit humane society or nonprofit animal rescue agency and maintained at a pet shop for the purpose of adopting those animals to the public. Date of Addition /Revision /Deletion - Section 8 -3.06 +1 Addition on 12 -18 -2013 by Ordinance No. G -5873, eff. 1 -17 -2014 8 -3.07 Live animals as prizes or inducements. +1 SHARE 91 r U No person shall use any live animal, reptile, fish, amphibian, bird or insect as a prize for, or as an inducement to enter, any contest, game or other competition, or as an inducement to enter a place of amusement. Date of Addition /Revision /Deletion - Section 8 -3.07 +1 Addition on 12 -18 -2013 by Ordinance No. G -5873, eff. 1 -17 -2014 8-4 Selling, dyeing, or coloring baby chickens, ducklings or young rabbits. iJ SHARE 11 p , It shall be unlawful for any person to sell, offer for sale, barter or give away baby chickens or ducklings under five weeks of age or rabbits under two months of age in less than one dozen lots as premiums, novelties, prizes, pets or toys, or to color, dye, stain or otherwise change the natural color of baby chickens or duckling or rabbits, or to bring or transport the same into the City; provided, that this section shall not be construed to prohibit the sale or display of baby chickens or ducklings or rabbits in proper facilities that comply with the provisions of the Sanitary Code or other rules and http: / /�,ww,.codepublishing. comI AZ IPhoenixlcgilNewSmartCompile.pl ?code= phoenix &ext... 6/3/2014 JUDIC14AL CU2C.'t.11TIN AND FOR BROWARD I COUNTY, FLORIDA N-V . U i,RYEL J'S LOVELY PE"i'S, INC, a 11orida CASENO- Gmpomtion, plaillltift. V. CITY OF SUNRISE, A Floridu Mani6palCurporation urg.&tuiyc.d anti existilig I:lr,dci the haws at the State of yjt)rids. Dcf'cnjwlh" Cf!. MPLAUNNI FOR A_DL('_JAKVJr(-)RjJ 1IDGMENT Plaintiff, NMAKYL.11"S LOVELY PETS, INC!, a Fionda comporatiml. brings this com,phihat fol- declar �itory judgmew, agamst Dckndana, City of Sunrivc�., is Florida Mu.. ic p Curporation., and aHeges. JURIS 10NANP VENUE t - This is an fiction fbi- declaratory' judgment pummit to chapter 86 of the Florida Statutes. Statutes. The Court has jurisdiction over this cause pursuant to q'86.10" i. of the Fl➢rida The controversy i-ving r3st it) thi's action W arisen In Broward Cc%-'m*,v. 'wurvda , C-1 !'. i. and all' Del;mdants ci&-,c-r reside or conduct business '4, Bmward Caunty. 4. All conditions pm—c-cdcrit and Accesswry to bring this actjor, have either beer, performed, hrve occurred, have been w;, - L 'ved, or u llicrwisc excused. LAW & 20 S E 3 ' N t, BUCA RA IN, PAAFDA 3432-3'91 Marveh's Lt vW) Pecs" lzic: v. City c►; Sunrise Complaint for a Declaratory 3ndgrnent 5. Specifically. Plaiwff seeks sks a deer- ratan j adgr eni as to w helher Ordinance No 577 is in violkior. .. of th protections afirorded Plaintiff by the coraqrtutions tzt 'the United States and the State of Plutida. l�A'IfL;I QF ri ,Vii: EfQN 6. °.fi;s lawsuit cta,ee nges the constittationality of t)r :;±�a+tta 4 No.. � (th, °t.)r€ i r:cc' ";► adopted h), thy; L y of Sunrisc at a 4oanc.i! * :.eoting oai April 12. 2014- (llxh bi `i. fie OrL ttanc a Nvc;nt into aftie rt can : rxil 22. 1?G14 8, t -:rider the Ordinance, a pet shev must sell cnn y drags purchased firom a hobl*y bra dev, an animal shel,cr clr ar art rna] rescue organization. 9, The tlydinane v. thereby prohibits pct sheps from sehinrt a puppy puaxchased from any commemial breeti r no matter ho* reputable W. For exurrip1c, the Ordinance prvIi; !its the purchase r,l' dops firnrr a brceder who is licea.smi by the US D pinlinont of Agriculture, ('118DA "). me t*i or exccc"& UISDA ;cc=ui. - inents. and bnt:ds or raise ciao.. in inci�isputably imp ccable conditions. 11, The CITY. ws represemed In the Ordinance, % as motivatud to pass the Ordinance by a car -sire to address the pr•oble ii of pczml.lzrsmV. rests from puppy and kitten mills, 12. A "Puppy N4111" i:t vrilruelt, described in the Ordinance as substandard hreedIng facility conclt:uing imp ;oper aninial husWatfiq - Ivactices thl emby producing, araimals "Wiu) pane i disorders to he sold io the public. 'S LAW OFIMCFS :7i' SWt IJAPP2114 BRC- ',E;K[,,k tiG 1" aitKAS PJ.. Mameh'S :rely Pets., Jnc. v.. fat} o'' Sur :°see; Complaint for a Dedaratc�r} Itidgraent 13. No ctandard or teat is pwivided in the Ordinance the, sp&cihe;a.iy identifies practices or conditions that ire suttstandard it; r2lure and how brecduis who coMuct business lard .fly can be id Lntifie► . ?4. Of interest is tiffiv tact that the CTI'Y e`oncede` in the Orein- tnc:e that "nit all' clot;;; and oats SM i in re.taji sxres are the P,' )Jucj. Chi 1i+urnunc I.Inv :(ling L:l ndition.s zjid not t"r ery eominc vial bmedcr sc,iling bogs or eats to put stonA operates "puppy zrtiiW% or "khten. facto les . 'l'herellbr , th— CITY c-;omviles tlxrc are breeders in the I': iwd States thai In- de humane and healthy envirowm eats for the breeding of puppies wid therefore not every pet shop brays puppies from: a "Pupry M- W ". 16. Despite this admission, the Ordinance prevents: interstate tratisaction from all out- t -f -Fuze, reeders. 17. The Ordinance does- nothing to rre ent the Sale of puprics over the Inte.tnet or by odwr means "Jy v hiw a the consuinct can directly purchase puppies from remote souxeS, 113 Therulbi r transactions directly oc:cuning botwwn b pttmhasr and any out -of- crate bree:de:i ure less accountable and less susc:epiibJe to ;egalation o! oversight . s compared ttt the regulations ?flat cuuid be placed vn a pet sbop wlicre making an initrstate: pure' Im e. 19, By subjecting, violators- of the Ordinmice to section 2 -1, 16 through 2 -126 of the CITY %, code of Ordinances. the Oreinanc:e puts reputahic pct shops out nf' busi. ess thereby depriving purchasers of puppies of the advice cf v i+et shop, o vne. whose reputaUcal is based on cvaluxting ffic health —A'a pets cente =)n aE for purchasc. I.AW C- :41C:i;4 OT SWPUTTAPPU., 40S r. Y" RI' EF. ", B+aCA R,-� 3r+rr Fi.e:1R MA 343.2- -:391 Mar%ch's Lovely Pets, Inc. v. City of Suns ise Complaint for a Dedaratory .Judgment 20. Therefore, Plaintiff reptiests a d e l mnory € p..mmit thiat thc: Ordinance is void for vaguencws: v°inlaws Plai 4;ifi's vv- ted ;'ighms to conduct burn -css m the C',ity of Sunrire, wid violatc!: 13 a ecimrmerc clan -- (.rf tic l.{ S. Cot7vv'-Ation. Plainfi ' i!a""ti cr ro4ticsis t °:tjunctiw' roil f preventing Vh C:;!TY L- tiromirg the rd rianice ais to Plaiaiti'f'. 21. 13ecausf. of the sig- iilcant And irreparable i:nwac al Imin that is atx)ut to be vi:�itcd urn Plaintiff' by the Ordine -acre, P'ainlft' V.— t–af-ally requesL7 a tcmpmar n, unedorr to enjoin the C";TY from eytkming,, the Ordinunec as 1 -o then) during the pendency of fhis litigatiet;. THE PARTIFS 22. i'laintilf; 1,( -)V> i. -,Y FIFTS, INCA is a Florida corlvwamior, wi It its principle place of busmess it Brcv and Cmaty, -bat -1412. 23. Defendant, C1 FY c.e} S*.? iAal2lSi .G'►T1" ;t. is a Florida Municipal C'�!rrp��ra +Will urganlmd and exiyti a& under the laws of" the. State; of Florida. f.'JTY is kxated in Palm Beach County:. F lor::da. ; FACTS 24, Pla ntift's business is tlewted to the laic of msFsuns"Wy find et is ally rased puppies. Piaintiff does not obtain its dogs from: lac;ilatie3 t tool tid fad- randrm, unrqatiate=ct such as anirtti;l Sh liras. 15: ;l dut•s ta��i 1 +;.4 pupples fiotr an, sc��zce t1tY; is Izally dE�iiriecl ns a "i';zg?py Milt To the contrary, Plaint ff°purchases t puppies ftom i:aspeecied. USDA licr r.sed breeders. -b Plain ff completed every legax regttire meat in i-erder to open 0.4 doers or,, about December cif -0l a. Plain if# nhtwrwd licenses f om the City off 5urrise and F3rowa d County. 4 LAW t?1 IC"I't ; OF I Rm'.Y F R & V vm ots, P-L. jMarvell's "'Ovely Pets. Inc. V. City (if Sunrise Complain: for a Dedniatciy .3udgment 27, in thl course of con.-lueting its business, I1la:rit:ff has been subJected to inspecloons from police, a-1 rnp-,1 co nlrc:. and the enfa,temcrt butredr, of the City of Surrlsa. All inspectaePal:: hodim. result.-d- ir, Positive r'evlkw4 a5'o6i;c' !`q; L xis- Mulffhaq corK1Lec''eea its busines4 ;7.3 a professional, c lean and legal munncr- 2M Oil. Anvil 22. 2, l4, the CITY Passed Ordinance No. 577 c"niytle °d An 0rdinancc of The f=air of Sun7�nse., �- !orii.a, arflanf "Iii ��.1. .- 4 .f "aa.raal >!5 Art"wic l `" in (.ff`M ;'a '% by G:'ciaaa°.e. S�C,`tim. 4 -7 "Retail 'Sale 0.1 Dogs and Cat''. providing !:a;' conflict.. Xovidingg fOr severabf ii y; providing. for 2n,cl zsion in the City C (lids wid PrL' jding an et a tine (late. 29 The Ordinance: pri>lalb is koo.al pct slr,+rs kor- pai .has rig dogs from .aaly commercial brCedcr even if, as the t"I`l` A` conc.-,des, it is a. rep attable breeder. 30. Thz Ordinance sr, cif ic ally, ? Marych'.-, Lavel"; Pets, Inc, v City a--Suni Ise Cornplafin for a Declaralary Judgment 36. Feder .-fly apprpvcd bremiers hre further veonvinically disadwizttagcJ' in comp,;,.,itior by forcim, 1h, mt; to cnniuct direct sales vi Lonsitiner4 by some sort of remorc rAnximuni•alfion incluAng I 'jMjte�j (t) jh; nOL ; ;j,4 .1 . U?nC I By p.-ohibitting mterstate pjrchake��. the OrriLnanec unw�dfly limits Pl .in fiff flronl engaging in interstate coinmervv. 38. fliv Oidinance is Amply motivated by a diseriminauny purpom: to incentivize City's consu-mers, In ar, to hobby breeders, or ad-.,er local non-profit swurces- 39, Fmzring a.- cmiquiner to go dirdetly t(.-, a 11ccai ptoducer is an imperm isilble purpose. tinder tie "dormant" rower of the Comanierce Clause., 40. In aiiditton the Ordinance is fwally djscriminaloidv, Any law that disc-riminates against interstate coninnerce is v;rtually Mvabd poi se "Mu Ordinanec discriminates against all bree-ders Including those which the City would concede ate not a "puppy mill". 41. Even +t' the ]avv was not discrinihialoty. .,bI burdvti or Mterstuti, ouvo�uighs Ole -.zute inencfits which can be acco.m.plisbed by: aitcmative non-diwhinanvtwy means. T'he Ordinance sub.-tantially affiects mterswe commeme and is counter-productivc in its aims- by dcoriving purchasers of dogs, from regulated and accouruable local sourecs and leaving thcm ivith the only practical ortion of directly purchasing fmin i1g.nificantly less reguiatod, and lurgely unac-countable foreign "breedets", WTIFREFORF, Plaintiff reqvcsls the C'ourt to entry a Jcclaxalory ludgment deciar:,ng the Ordinance uncons-Otutiomil under thoo. Clause of Ow United States Constitution. In addition.. PlaintO is entit"M io costs and? such -jihia relief the Coa.n doems prc7cr. 6 LAW OFFICS.S 01 Wr.r.-rw)"LE, BRWEXPR &- VARKAS. P.L. 20 S.F, -"'0 SIRE t'. Uoc,�,. RA'! ON. FLCAMA 373432--3911 Mari el i "s i.etvety Pets, Inc, u, (: ty f' Semi ise Complaint fix. a Dc�. laratnry Judg Hera COUNT 11-13 -- DECLARATORY RELICY EQUAL PROYFf- VIONN Old' LAWS 4 Pl..a nt tf ;.ncorpc)ruttfrs ;aaragraphs 1 through 3tl as if fully qet fiith herein. -I?,. Tie Ordinancc violaty; F:ahratif'I`s ight to equal pixowc,'loll Of, the fae's undc'. th UniteA State=s Constitution. `weer U, S. Corst. A -mend, XIV 44. The O— dinanciy is taut a 'e} atirs.:,atk r;;gulatitaii of it local wtc:rersl. The C- oncorn over i.hc operatier, of -,Puppy Mills is national oT statewide in nantre art »l not a local pruble:i , The C I% -s de:�:ire ier f.,canish behavior of fare ;.gr iindefmcd "Pul'lay Mills" or "Kit en Factoeuvs- , couple;i v, itfi its exemption of local hobby breeders deir onstraies that there I4 irtipt rmissible local pu.TO$c at wori,. 45. BiAnnin Jocas' pet storey from spina,, dogs purchased hom fode.m..11y approved finrcigir Free de:.q does not rationally a►1va iLe the pc: ;9 of elim:niit tag. " "I'+appy - Mills;'. 'l All Cl:eiinance casts ivq rat over federally approved bieedt�rs. 46. Dic Ordinance is over inclusive in that .h bans Plaintiff :ream selling dogs regiadiess o %Owthe: titre: dogs ate purchased !ecru reputable breeders tl -W ate: not "Puppy Ails ". 47, ."1i iraelic:ated above, the O- rdirtiwwe e:xpiussly concedes tlaal "not mil dolts and Lats ,old in entail pct stares arcs the product of itihuiiean+e lareec!inh con d ition s and not every commeNial brceder selling dogs or cads to pet ste±re.s orc:raws "F'urpy Mills" or "Kitten Factorics ". 48. The Ordhiance iy not urns- send us1, rniisaligrwJ with the prohlern ?t claaaris to address, but actually is counter- productive.. The Ordinance penidizes Plaintiff's hu ,,mess whie:lt can b e othawise regulated and held accountable The Ordinance drbdes purchaser's demands to intearnei brokerb. *Auch ereer vi.,Iually impossible: to palic.c. mot' LAW O r CL S c,r S%T rAVPLf , BROIRT :* & VAR.-K mss, P.L. W0 &K. 3'' S "!R171- . SOCA It %?:?,4,, €'IMUV A -134-324-3911 mar-IF's Lovely Pets, I:tc.. v. City of Sunrise C, mplamt for a Deflaratz ry Judgm if 49. Th;° Ordifaw i e is an .national and irr «p�-=z is ble violatio;.a of Plaintiff's right w equal prohM.ian. V! %H RI"Pt' R . P'larntiff, reeltae:^A the Court to c atur a tiv4e;Arauyv judgmeti: decluld %� that the Ordinance is up.cmztitutioral under the equal pro'e '(10er zf the U. r.i d staws Cirnstitution. In ,additive- phwitiff is �niiitlad tee costs art such other relirl the Couft, deems prortr. 'i(s- ni ,ir'tif'i ir„c,(;;"p, stita 1 3aa ; Rr t i ltrrtl h 30 at6 N'ullti stag herein. 51. L awF are rrrut :irvd to lt`H dra#ied such that , gu!ate,� ,, partici flrit: persons of ordinary 1 ate :�?J ilt'4; know What is S't:(xirv� of them "o they fr ivy act accordingly". Precision and guidance in the fimn of Qu:Jiic;ient?yr deined guidelinuF is necessary sus that llhost i r'forci.ng the law do no act in an iarilitr ary or c- iscriminatury way, Law% Heat fail The vagueness test are unconstitutional and traay' not he enforced. 52 - Pursuant *t, the principles of law cited above, tile. Ordinetme is vueonstitutionally vagu;a because is fails to def ne of `Puppy 'chill'`. The phrase "111uppy dills' is extensiy6y rcfermccd throughout !Le'iv Ordinance va? tine C.'-i'1 Y fails to lneckxly. denim What, canstliUte% a " I"tipr Mill" in order to constitute u prohibhed source of puppim, 53. Tiles Humane So...% ety of We United States (14SUS" ), the. United 'Mates llepartrttent of AF.-nm Inane (U til. A" i and breeders :across the cova -lay all have varying definitions of what const tutcs a "Pupil. Mill``. 9 20 S.1 Maryelil& Lnvely Pins, Inc. v. Cite y ol'Sunrlse Complain* Ra a Derlaratciy Judgment 54. F.ven tfi-mkgh there a;-c. kfffffi:rvrt and c;onflkling d0mitit-,mis of what constitutes a Tqrpy mifl,% the Orditmicr :cats not adopted any precise. Sefin.1tion and ha.; fumed both thle y In Us"Olice, tine CITY by "'hilivg to define a P: pp k .4 , y Mill" bas aj-h- tt °9:ziy presented ,V r) lawfull"i fanducting its I mijiv:i, 4rbkruyi,,L 14ohm(J"t; �iuumos thit thle C11"1` ki conceded 'r the Ordmanec tray- not be a Puppy N-11iji. 56. The. Oidinance is flamved becaus i impairs the fte znatkel of puppies to the deLmnew of Philn-kiff. WHEIRFFORIP. Plaintiff"requests he Court tc, enter, a declmwtory ji,ide-ment declaring that the C)rdinance is uniomtitutonal be;:ausc it is -void for vqaeness'. In addition, Plaintiff IF mliticd to costs kind such n0irt 701ef thc Court d"-M,.s pmNt: COUNT W-WESTED RIGHT AND 57. Plaintiffin-corporates parag apfm I :hr(, -Lgh3G as'sfFully �&. fiorth IwIC111. K. Plamffl Ts right to conduct its present bupffle.,;s became vested wben it reasonably and jeuinle-11taliv ielltd cm existing Jaw in making The investi-nent to open its bLisiness as a pet shop. 59. 11 is settled F orida Law ,liar when Plaintiff, as a propeqy a substan,,W investment of time and mone.,-i on -efiarive n' existing law in order to establish an ongoing business Plaintiff obtained a mted right to confinue in that business. 60. In conflimation with its vest. -d dght. Plaintiff linvInke!i the doctrine of egoitable CSI.Oppel against the CITY, Beewase Pllainnff rehed hi good fait1h upon existing Im and n-Rude 9 I-AW OFFI-CES 0'P,';W1-FfA?PLF. I31K!Fki_A& V.NxKAS, PJ_, 20 S.E. '3,""STR!J'!, WWA RA o%,q, F"5-oPJ,,m 33432-:1CI 1 l- :arycli'% 1, -nvely Pets, _Inc. v. City n.f %mrise Complaint for a Dwlaratpm 3ludg mew n0. y. 9 's .I t 3 l :'liS�le :tii invts.r. ' E6t. :; tii CC 1 :xti 4,; �" +v".1ppcd. �"r«em t�. �1,"!vinp. � a!rl..,a o As t'i�3a. ht to r: nducb bus:irrcT'3, 61. Punioian: to i1 -tv p rat #c!plet i1 law Artiou-1.s''twd e:'buve, ;tic CITY Is c>atopl ed) from vrifori ing the Oftlinwiee Sri viollati 7'i r4 I'h.iA ifli's %e-gled rl .vs it! t:onthat;.¢_ its b' i11em� �.�3 62. plaintiff is mduly pTq,, dko6 by the Ordinance P e:., h :'SiBinad Lhe necl'.ssw.- : pen -rifts and licenses to emduol it busines and resCagrched federa.li --, approwe breede s from u °h;cli i? ur;.liased r.t�rpLes WHEREFORE i'ialintif'reAque.sli the Court to enter a declerainvy ud,priml declaring that Plaintiff has a vested nght to continue -ts 81i3:«ige%$ and tshat thu C. "i T'Y is estoppel f oni enforc re. the Ordinance to deprive Plaintiff o"; its: vv.zs ed rigflit. fti ac dri lle i, Plaintiff is entitled IQ LOsts and such r hex iv.licf the Conn deems presper. two Pl hit :I I ff pumpraphs l I. hrough 62 Us i1" fii lr set fort) ' iiarl in. 04, Doca'us: the Ordinance :s unconstitutional fear ate reasom stated atxivc;, Plaintiff is eptitled to u tettrpr me-.ry ttq"cwn against Dei'etr€1Ririt ,'•i°om etiiorcing iiic: Ordinance a4 to Plaintiff. Plairi.itf will suiller irreparable tiaarn, i °iont its uns;ons itiztional enfem eiiient, including the closure tii'1';aintw9t" huslncs , the joss oFillitarrp-ible 9-ood will, the requii-eixya.w to .l,�' ufl°empioyevsl, the stigma to i:cae been closed to im)id ,supposed "anirrA cruzity" and other similar- harms thr! would be vevltsta, ng; to islait:tb.''l'. 65. Furthkmmoxv, based on tile rtlhc :.ti.E'c date of the Ordinance, PlAtitiff will imimidiatu ly sohµ, thc harm and in ury dwscrK Nt ci11' iX- fCndan is n t teporarly cixwined fA-,m enforcing #lie Ordinance as to Plaintiff to .'.ta y l« i;:; STR- —1 -. ROCA R 9. "Im Matye.li "i Ln elf° s'cts hic. V. City of s!Inmi t. (A'.r p'L1'airet for a Declaratnry .ludgr rent 06. Plaintiff likOy to succeed on z;Ie ~:Teats pr its wlu?iIi £paced or its argarnenes goir -4 to file constitutionality of the OrdJnarct:.. tip SEi ?? 4' flI? plailldf '; 1' 4' "4?r rC'I: l#aC` a temporary ir1llVCtKra Would ma -relSA place the t,,anstitutiorl as issms on hold nurding trial. The ftailurc to 4'�L`ri;xmir nalivf wotild ai+-,C PlairafflIr to Stara- F'' -MIC- ;?:311'1C' firallcia' inite +' it the 0I'dinaliw is enforced ewring tne poy.+ cy of t -ass tii 0:7. &P. The is.su ante Of a pfefii'r;elfut v IXV'u 3ciTi. n is Yt-A the public inteiC°•�t becaun the public is served by e. -i I81a .ttufiona! government f�aati';ie.; vrhj — SRC P crltz are explored nio a thoroughly. quo. 69, fiiraifing l3 p?eh.minan inn- ?mOlon- wli. scr c :hc Otc'es! 70. i efia :t;laalt will uOer no :larva e'hti :ssuancv of r. plrh x�:nary axa gtr; ;irn. WHERF) OR.F.', the Court should i muc u lalcliminary injunction prr vionting enittreement of Ordinance Ni-.,. 577 pendipg of the rnerils- of th ! action, " tiT►'F11,AF'PLE, SRO F KL='R & VA,RK A1.1'1. Ai',i me} s for Plaintiff IL60 s.h:. 3" "Street, iloc:aa Raton. Honda 3343? Telephone.- (561 ) .492 -121- 0 F°'acsin ilct: (561)3W-6102 6102 1`: -' ��frl �pta. �aufIaL: sri- svvectaF+;�l�; °iaw-.::r.,rtia SN 11 i..AW OF IC,i;C w�i .�Y+`ei = dJ;3`f'..,t . a3R! "p£•Kt;I ltARKA`e, Ii "W'24 R.x 3 341 2 911 SUNRISE, 27LORIDA ORDINANCE HO. 57", AN tORDIVAN+CE OF THE CITY OF THE CITY OF SUNRISE, FLORIDA; AMENDING CHAPTER 4 7 \AN.Tw�9Riti a7 : ' °' ARTICLE I "I'S GENER}sL r "' BY CREATING SECTION 4 -7 "R ETA"" SAM Or DOGS AI!''D CATS ' PRO` ID.TNG FOR CONFLICT; 'P.ROV- c-DING FOR SEVE 3ILITY PROVID —Ma FOR INCLUSION IN THE CITY CODE; AND PROVIDING AN EFFECTIVE ��j�ff DATF . �Tl7Eii\.FAS, t:vi Y ;]n j. S. f.°til a 6 � t) I:" c"d ta, o sarld. ,4 t :tl S c73:r:'. ..;3 ":.:_. I; t1, e, t)t 3. L-F. •�i' r,:.; : :�. Si 3 vC' �iC Wit: t.wo l7l ci and. b}: "°'d i �'j.1+::'±:' tiii' !:`:..:w ...._.;,j �y LIT `x-- • t en 2.y ....� i ... �. , .. �. =s- c:• r:Lw.c3 : n 0 sale WHEREAS, wJE.:. Ylrtiw: =i. '. '[: I ai7k n. -f lri !3„ F?' 1 a' <. j p.Si�:.� ^.SCE �: �C }ti:i/.i'Y .1-act ces al. these L -"C L--1' W 2. t "r -ere C3:. aiIC E;f i.M �. ... i..:. :; .; t? %, `..!"•u ii ;'!= ':'C ?.e. r1'; cSFI:- ,.;i;et ,�. :1t ,;r'.:'3 'pre !�'.lh ;.c ec � f L 4 L, .: e r-Q1 aZV Ir!isc rim, -St , iti'• iYr',`• f,.!'1:''y' �'E::t%.., ±'rxf• anc, ati �t �'s.i �;�t;•:l�'. . _ - i.`.i...£: i:ti." +?'y,.`LYr,r1"' }! �. r f _.. dw/#HiR?M WHEREAS,:.i�t_ r7 `2 _ rr:.$ .. L•t ..`�::r� �....<,vE''si4�, i L i .4' r. c. E! ;,ii.�C ?`.i: "F ?'C';,r• _;�'�^.:..... r>:'1= .''"'.':..'.5`,.'t: ;�',.F iL�S._E t f _.. dw/#HiR?M T. f%:ns arf: ard nct eVVIY do— see aZ 3 ACt, 01" i 05 S zvnd sev L. •d ibv, 1A Ll.ir ova Z.j o f d IN f catr. e e WITZREM, he t,,,o and Ly a In w1. M, L, T •2 WUERFAS, OLM I V b L Cj L. t c; -!.a Jr d n the I wl Pert' 4,7,. C J i L e an —a C. ont%e t, f � y - D t q r c". w n . t ne e. "., p -0 y n ?'t ter aFpc-a i a4",` w C' r k4 e t -,i r mra �1' lio 1.,La a n. i mal w 4 C -� 9 are t c 0. a res 1. C!_:'-y of 2,1?"Irl." .'Ro. hr NOW, THEREFORE; BE IT ORDAINED BY THE CITY COMbaSSION OF TIM CITY OF SUNRISE, FMORID.A; C. z () Y- d n _' - -n . 1't� r; t:-; : . 1 1, . i. ; Seation 2: T' c'.t f h t iea®rrave -3 4-7. POtail $410 of Dog a d Cats. I a zot i 1 71 r: i* d unriL!'If u mil wh !.r'b Z'1t I A, i J-*, (1, T i ri .3 is Az mie: 4. -v 0 7K 1'r "I f__' p4cl 1 0 v, Lt.- �L,4 2' - L-racqci +J.de C.". the 1 'O*Z r-av, and wh'...h ck:cf: not kq,_*�E.C4 I ru Cat :npnarc an halm. - -. of ary _a- s' ..cif f T_... ? -'l c dec-, r.. ,tit -SOS os: cl c cor r - ----- . .... .. .... ci r 'a r ry &Tdc C. ei o s �z- C., C!, sian 4 F-1 av, F4. di% C purcork c:., on- lyc' r C� le t. t h u-'r! po T', fa. i� V� -'i T �.`i 174�� is L. 11 7 9,7-; i.3s Q r t.J r a r; s fer C.. r C 1,ale ef .!�Jt ore J S Z� t Liz re s I I it e.. :€4 - bat- ex, a n n, rer�t c, I j V. e *:1i -_. 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N 7 g a C N a 0 X O pZ"o V N A. act C-3 w CD LU W crD CM LU rs J � 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case 2:14 -CV- 00073 -DGC Document 1 Filed 01/14/14 Page 1 of 16 Lewis Roca Rothgerber LLP 40 North Cenhal Avenue Suite 1900 Phoenix, Arizona 85004.4429 Tolephooe: 602.262.5311 Randy Papetti. State Bar No. 014586 Direct Dial: 602.262.5337 Direct Fax: 602.734.3865 Mail: RPapeW@LRRLaw.com Robyn G. Schaffer, State Bar No. 017475 Direct Dial: 602.262.0271 Direct Fax: 602.734.3777 Mau: BScbafter4@LRRUw.com William G. Vcit. State Bar No. 025WS Direct Dial: 602.262.5725 Direct Pax: 602.734.3931 EMail; WVoit ®LRRLaw.com Attorneys forPleintiffs Puppies W Lave, a d/b!a of CPI. Inc.; Frank MDneo; Vicki Mineo UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA Puppies tN Love, a d/b /a of CPI, Inc.; Frank) Mineo; Vicki Mineo, ) No. Plaintiffs, ) VERIFIED COMPLAINT FOR DECLARATORY AND vs. ) INJUNCTIVE RELIEF City of Phoenix, )) Defendant. } l Plaintiffs Puppies `N Love, a d/b /a of CPI, Inc., and its owners Frank Mineo and Vicki Mineo, hereby sue the Defendant City of Phoenix and allege as follows: NATURE OF THE ACTION 1. This lawsuit challenges the constitutionality of Ordinance No. G -5873 ( "the Ordinance "), adopted by the City of Phoenix at a City Council meeting on December 18, 2013. The Ordinance goes into effect on January 17, 2014. 2. Under the Ordinance, a Phoenix pdt shop can sell only dogs purchased from an animal shelter, a nonprofit humane society, or a nonprofit animal rescue organization (hereinafter a "random source" facility). The Ordinance thereby prohibits pet shops from selling a puppy purchased from any breeder, no matter how reputable. 3. The Ordinance creates a criminal offense for a pet shop selling puppies purchased even from the most loving and responsible breeders. For instance, even if a 1 4184970.1 N a C. o a N � o a � � x o � Z� o )CL W) CL UL� o � coo CM W 1 2 3 4 5 6 7 8 9 10 11, 12 13 14 15 16 17 18 19 1I 20 21 22 23 24 25 26 27 28 Case 2:14 -cv- 00073 -DGC Document 1 Filed 01/14/14 Page 2 of 16 breeder is licensed by the U.S. Department of Agriculture (USDA), meets and exceeds all USDA requirements, and breeds and rears the dogs in impeccable conditions, a pet shop sti cannot sell a puppy purchased from that breeder. 4. The City of Phoenix has represented that the Ordinance is motivated by a desire to address "the problem of puppy and kitten mills." The City of Phoenix in the City Council Report on the Ordinance also stated that "the problem of puppy and kitten mills exists beyond the City limits." 5. "Puppy mill" is a pejorative term, defined by the City of Phoenix in the City Council Report on the Ordinance, as referring to "a large -scale commercial dog breeding operation where profit is given priority over the well -being of the dogs." 6. Not every puppy breeder in the United States is a "puppy mill' under the City's definition. In other words, not every puppy breeder is "a large -scale commercial dog breeding operation where profit is given priority over the well -being of the dogs." 7. There are breeders in the United States that provide humane and loving environments for their animals, and they invest heavily to meet high standards of care. 8. Not every pet shop buys puppies purchased from "puppy mills." 9. Puppies `N Love is a responsible, family- owned, and family- operated pet that specializes in selling pure- and specialty -breed puppies. Puppies `N Love was founded in Phoenix over thirty -five years ago. Frank Mineo and his sister, Vicki, have dedicated their careers to selling puppies the right way, buying only from responsible breeders and nc from "puppy mills." Puppies `N Love has an exacting program to ensure that it purchases only from breeders who do not give priority to "profit ... over the well -being of the dogs." Puppies `N Love has never had any animal welfare violations under any law. 10. As Puppies `N Love's business is the sale of pure - and specialty -breed puppies, and random source facilities cannot provide it with an economically - viable source for sustaining that business, the effect of the Ordinance is that this family -owned business, which has been legal for the last thirty -five years, will be required to close down. If the store closes down, employees will have to be laid off. FA 4184970.1 6 7 8 9 10 � 11 g a' W 12 fa C a 13 � X Z 14 Y a o w a 15 C.3.7 W M 16 W CM 17 c 18 � oC 19 20 21 22 23 24 25 26 27 28 Case 2:14 -cv- 00073 -DGC Document 1 Filed 01/14/14 Page 3 of 16 11. Under an exception to the very same Ordinance, a local breeder located in Phoenix, which sells dogs "that were bred and reared on the premises," can continue to sell dogs. Even "a large -scale commercial dog breeding operation where profit is given priority over the well -being of the dogs" is not prohibited by the Ordinance from selling to the public, so long as the dogs "were bred and reared on the premises." 12. The Ordinance also does nothing to prevent puppy sales over the internet or by other remote means. Internet transactions account for a greater number of sales than pet shop transactions and are also less accountable and less susceptible to regulation or oversight than a pet shop. Purebred puppies are essentially non - existent in random source facilities. Thus, a consumer who desires to purchase a pure- or specialty -breed puppy after the Ordinance becomes effective is more likely to go through an internet broker than a pet shop. 13. In criminalizing the purchase of puppies from good breeders through pet shops like Puppies `N Love, the Ordinance doesn't just put these reputable pet shops c of business, depriving consumers of a key ally in sifting good breeders from bad. It also drives consumers looking for purebred puppies straight to the very bad actors the Ordinam claims to abhor. It thereby ensures a market for purebred puppies operating without significant oversight or accountability, in which the lowest common denominator prevails. 14. Plaintiffs request declaratory relief that the Ordinance violates the dormant Commerce Clause, fails even a rational basis review under equal protection, is void for vagueness, is statutorily preempted by Arizona's "Puppy Lemon Law," and violates Arizona's constitutional prohibition against special laws. Plaintiffs further request injunctive relief preventing the City from enforcing the Ordinance as to them. 15. Because of the significant and irreparable harm that is about to be visited by the Ordinance should it go into effect at the end of the week, Plaintiffs respectfully request temporary restraining order and preliminary injunction to enjoin the City from enforcing th Ordinance as to them during the pendency of this litigation. 3 4184970.1 N a a C N S� oaCn . r Z tr w a V W 000 W coo _ W C=I = 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case 2:14 -cv- 00073 -DGC Document 1 Filed 01/14/14 Page 4 of 16 PARTIES 16. Plaintiff Puppies `N Love, a d/b /a of CPI, Inc., is a pet store located in Phoenix, Arizona and subject to the Ordinance. Plaintiffs Frank Mineo and Vicki Mineo, brother and sister, are owners of the Puppies `N Love store. 17. Defendant City of Phoenix is a governmental entity existing and operating under Arizona law and subject to the United States and Arizona Constitutions. Defendant City of Phoenix, through the Phoenix City Council, promulgated and will enforce the Ordinance. JURISDICTION AND VENUE 18. The Court has subject matter jurisdiction over this case pursuant to 28 U.S.C. §§ 1331, 1343(a)(3), and 1367. The Court has personal jurisdiction over Defendant because it is located in this judicial district. The Court has authority to grant declaratory and injunctive relief pursuant to 28 U.S.C. §§ 1343, 2201, and 2202. 19. Venue is proper in this district pursuant to 28 U.S.C. § 1391(b). 20. Because Plaintiffs seek only declaratory and injunctive relief, no notice of claim is required to be filed with Defendant under A.R.S. § 12- 821.01. See Martineau v. Maricopa Cnty., 207 Ariz. 332, 336 -37, 1122 -24, 86 P.3d 912, 916 -17 (App. 2004); State v. Mabery Ranch Co., 216 Ariz. 233, 245, 1952 -53, 165 P.3d 211, 223 (App. 2007). FACTS A. Plaintiffs' Business 21. Puppies `N Love's business is devoted to the sale of responsibly and ethically raised pure- and specialty -breed puppies. Puppies `N Love does not obtain its dogs from facilities stocked by random sources, such as shelters. There simply is not a reliable supply (indeed, any appreciable supply) of purebred puppies in such facilities. 22. Plaintiffs support the existence of reasonable random source facilities. Plaintiffs, for instance, donate their own food to local no -kill shelters and provide, at their own cost, space for rescue dogs in one of their stores. But the market will not support Puppies `N Love as a shelter or other random- source facility. 4 4184970.1 3 F m c c r U - 0i M $ a` tf �., •� 0 � z C3 tfM �r a Q = W v3 C7 LU 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case 2:14 -ev- 00073 -DGC Document 1 Filed 01/14/14 Page 5 of 16 23. Puppies `N Love does not buy puppies from "puppy mills." To the contrary, Puppies `N Love markets itself as an alternative to disreputable sources of puppies. For example, it provides a pamphlet to potential customers inviting them to "Compare Us to Others," pointing out (among much else) that "All [our] puppies have been examined by two different licensed veterinarians and include a complimentary post - purchase vet exam," that "Our puppies are selected from inspected, USDA, licensed breeders and inspections are personally reviewed by our staff," that it provides a health warranty and Comprehensive Hereditary Health Plan, and that "99% of all our customers never have to activate the hereditary warranty due to our rigorous screening process." 24. Plaintiffs have long been supporters of responsible animal welfare legislation. For instance, while some in Arizona's pet industry opposed enactment of Arizona's "Puppy Lemon Law" (requiring, among other things, vet examinations, minimum standards of care, and health warranties for dogs sold in Arizona's pet shops, see A.R.S. §§ 44 -1799 et seq.), Plaintiffs supported enactment of the law. 25. Puppies `N Love sells only poppies coming from USDA - licensed Class A breeders and hobby breeders (of four or fewer breeding females).] if a breeder ever is foun to have a direct violation on any of its publicly - available USDA inspection reports (available online), Puppies `N Love will not buy from it. The breeders from which it does buy are, overwhelmingly, small and family -owned businesses with whom Puppies `N Love has established long -term relationships and whom it has investigated, and come to know any trust, as providing a healthy and loving environment in which the puppies are bred and raised. 26. Puppies `N Love also rigorously evaluates puppies when they arrive to maintain its high standards. All puppies are given a thorough examination by Arizona 1 The USDA defines such violations as "a noncompliance that is currently adversely affecting the health and well -being of the animal, or has the high potential to adversely affect the health and well-being of the animal in the near or immediate future." It includes problems like health conditions of the animals (e.g., presence of contagious disease, respiratory conditions); handling of animals (e.g., as failing to provide sufficient heating or cooling, behavioral stress due to handling non - compliances); insufficient floor space; and n opportunity for exercise. 5 4184974.1 N a a c c a C N �$a t 'i = Z&Q O 7 r v En a. CM m W COD CM W 7 8 9 to 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case 2:14 -CV- 00073 -DGC Document 1 Filed 01/14/14 Page 6 of 16 Licensed Veterinarians before they become available to the public. Puppies `N Love owns and operates its own veterinary clinic exclusively for the purpose of examining and evaluating the puppies. The store employs Animal Care Technicians who ensure the puppies are healthy, eating appropriately, administer any necessary medications and vaccines, monitor and document bodily functions, groom and examine each puppy daily, and actively maintain strict sanitary guidelines. Every puppy receives exercise and socialization activities daily. Puppies `N Love has never had any animal welfare violations. B. Ordinance No. G -5873 27. The day before the December 18, 2013 City Council meeting that adopted Ordinance, Plaintiffs learned that the City was contemplating this measure that would close its business. There had been no outreach to Plaintiffs or the community by members of the council before the hearing. 28. The very next day, at the December 18 council meeting, the Ordinance was passed. Several members of the City Council remarked during the meeting at how surreptitious and rushed the Ordinance's enactment had been, without community outreach. Three members even moved to move the issue to the next Council meeting so that it could be more thoroughly vetted and considered, with more community input, but that was voted down by the same 5 -3 majority that went on to vote to enact the Ordinance. 29. The Ordinance adds a new Phoenix City Code Section 8 -3.06, titled "Prohibition on sale of dogs or cats." That section prohibits a "pet shop or pet dealer" from selling, displaying, or making any use of a dog or cat purchased from any source other than a random source facility: A. No pet shop or pet dealer shall display, sell, deliver, offer for sale, barter, auction, give away, broker or otherwise transfer or dispose of a doh or cat except for a dog or cat obtained from, 1. An animal shelter; 2. A private, nonprofit humane society or nonprofit animal rescue organization; or 3. An animal shelter, nonprofit humane society or nonprofit animal rescue organization that operates out of or in connection with a pet shop. Phx. City Code § 8- 3.06(A). Gi 4184970.1 N N o C C 0 � •L v° tn a W C003 CM W 0 ---I W 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case 2:14 -cv -00073 -DGC Document 1 Filed 01/14/14 Page 7 of 16 30. The Ordinance precludes, on pain of criminal penalties, pet shops from purchasing dogs from any breeders for sale to the public, no matter how reputable the breeder is and regardless of whether it is a "puppy mill." 31. "Pet deader means a person who owns or operates a pet shop," and "Pet shop means any establishment at which are kept for sale any animals generally considered to be household pets, but excluding kennels or livery stables." Phx. City Code § 8 -1. "Kennel means an enclosed, controlled area, inaccessible to other animals, in which a person keeps, harbors or maintains five or more dogs under controlled conditions." Id. 32. The Ordinance also contains a record - keeping requirement regarding the sources of animals that applies only to "pet shops and pet dealers." Phx. City Code § 8- 3.06(B). 33. "Animal shelter" is defined as "any establishment maintained by the County Board of Supervisors or the City of Phoenix for the confinement and maintenance o dogs and other animals that come into the custody of the County or City in the performance of its official duties together with any establishment maintained by a nonprofit organization for the relief of suffering of dogs and other animals provided that such establishment maintains facilities under the supervision of a licensed veterinarian for the confinement, maintenance, safekeeping and control of dogs and other animals that come into its custody. Phx. City Code § 8 -1. 34. The Ordinance also contains an exemption for local breeders, allowing people who breed and rear dogs on their premises to sell within the City of Phoenix: C. this section does not apply to; [sic] 1. A person or establishment, other than a pet shop or pet dealer, which displays, sells, delivers, offers for sale, barters, auctions, gives away, brokers or otherwise transfers or disposes of only dogs and cats that were bred and reared on the premises of the person or establishment. Phx. City Code § 8- 3.06(C). 7 41&4970.1 a 7 C C a M 0 G o C N Aga N. 2 w C s 0 �Ln a © m LU DO w o J � 1 2 3 4 5 6 7 8 9i 10 11 12 13 14 15 16 17 181 19 20 21 22 23 24 25 26 27 28 Case 2:14 -cv- 00073 -DGC Document 1 Filed 01/14114 Page 8 of 16 35. The Ordinance also adds a new Section 8 -3.07, which prohibits the use of livf animals as prizes or inducements. Plaintiffs do not challenge or seek relief regarding Section 8 -3.07. 36. Because the Ordinance creates an offense but does not provide a specific penalty, its violation is subject to the general penalty provision of the Phoenix City Code: "a Class 1 misdemeanor punishable by a fine not exceeding two thousand five hundred dollars or imprisonment for a terra not exceeding six months or probation not to exceed three years or any combination of such fine and imprisonment, and probation in the discretion of the City magistrate." Phx. City Code § 1 -5. Under that provision, "[e]ach day any violation of any provisions of this Code or of any ordinance shall continue shall constitute a separate offense." Id. 37. The Ordinance's effective date is Friday, January 17, 2014. CAUSES OF ACTION COUNT ONE — DECLA.RATORX RELIEF (COMMERCE CLAUSE) 38. Plaintiffs incorporate the foregoing paragraphs as if fully set forth herein, 39. The Ordinance discriminates against interstate commerce and is unconstitutional under the "negative" or "dormant" power of the Commerce Clause. U.S. Coast. art. 1, §8, cl. 3. 40. The Ordinance has a discriminatory effect by banning local pet shops from selling dogs imported from non -local breeders. This effectively prevents out -of -state breeders from having physical access to market demand for purl- and specialty -breed puppies in the City of Phoenix. In -state local breeders, who may sell puppies (ironically, even if they are "puppy mills "), retain physical access to that market by virtue of being located in the City. Restricting out of state suppliers' access to local markets is impermissible discrimination against interstate commerce. Out -of -state breeders are further economically disadvantaged in competition for Phoenix consumers because they now must either market themselves remotely, as by the internet, or move to Phoenix to market directly to its consumers. 4184970.1 N 3 C a C N bCDa Z' :L- p a 3 r v 4A a QJ w W WCM WL= 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18' 19 20 21 22 23 24 25 26 27 28 Case 2:14 -cv- 00073 -DGC Document 1 Piled 01/14/14 Page 9 of 16 41. The Ordinance also is motivated by a discriminatory purpose to incentivize Phoenix consumers to go to their local breeders to buy pure- and specialty -breed puppies. 42. At the December 18 City Council meeting, in response to a statement that the Ordinance would drive consumers to internet brokers, a proponent of the Ordinance on the City Council responded: "I'm just saying that's not true. You can get purebred dogs from breeders locally and not off the internet. I mean, there's a very good system here in li Phoenix." 43. The proponent also stated: "You can buy from a breeder. You can still get a registered dog, a purebred if that's what you want. It does not mean that that is prohibited under this ordinance in any way. And I -- it does not mean that you have to go to Craigslist or the internet. There are plenty of local breeders. I have one that lives right across the street. Fantastic operation, very small, puppies play outdoors, mom's out, and she has a waiting list for puppies." 44. Another of the Councilmember- proponents of the Ordinance stated: "What we're doing is eliminating the third party. We're eliminating the broker. We're eliminating that intermediary so the consumer goes directly to the breeder him or herself." 45. Driving the consumer to go directly to a local producer is an impermissible purpose under the dormant Commerce Clause. 46. The Ordinance is also facially discriminatory. 47. The definitions section of the Phoenix City Code provides that an animal shelter, a permissible'source of dogs for pet shops, must be either "maintained by the Maricopa County Board of Supervisors or the City of Phoenix" or "under the supervision a licensed veterinarian," which is defined as "any veterinarian licensed to practice in this State or any veterinarian employed in this State." Phx. City Code § 8 -1. Thus, no non- Arizona animal shelter is a permissible source for pet shop do s. tr` :.1' 48. Laws that discriminate against interstate commerce are virtually per se The locality has a burden of rigorous and strictest scrutiny to justify the law both in terms the local benefits flowing from the statute and the unavailability of nondiscriminatory 0 4184978.1 ai N C, C, 00 o C N U O Q Lt. X Z 9 m o � W cia CD w o _JM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 1b 17 18 19 20 21 22 23 24 25 26 27 Case 2:14 -ev- 00073 -DGC Document 1 Filed 01/14/14 Page 10 of 16 alternatives adequate to preserve the local interests at stake. The City can meet neither of these heavy burdens; the claimed problem of "puppy mills" is asserted to be nationwide in scope, not justifying local discrimination, and the City has ample regulatory options for combating the problem of "puppy mills" without banning pet shops' sales of dogs from all I! breeders. 49. Even if the law were not discriminatory, its burden on interstate commerce 11 still must not be excessive in relation to the putative local benefits. The Ordinance fails this test as well because the Ordinance substantially affects interstate commerce while actually being counter - productive of its aims, depriving consumers of purebred puppies of a regulated and accountable source of such puppies and leaving them with the main practical option of going to significantly less regulated and largely unaccountable intereet and similar remote brokers. 50. Plaintiffs are entitled to an order declaring the Ordinance unconstitutional under the Commerce Clause of the United States Constitution. COUNT TWO — DECLARATORY RELIEF (EQUAL PROTECTION OF LAWS) 51. Plaintiffs incorporate the foregoing paragraphs as if fully set forth herein. 52. The Ordinance violates Puppies `N Love's right to equal protection of the laws under the United States and Arizona Constitutions. See U.S. Const. Amend. XTV; Ariz. Const. art. 11, § 13. 53. There are serious questions that the Ordinance is not a legitimate regulation e a local interest. Concerns about "puppy mills" would surely be a national or statewide, rather than just a local problem. The City's stated desire to punish behavior "beyond the City limits," coupled with its exemption of local breeders' sales within Phoenix (regardless of whether those local breeders are "puppy mills "), suggests that there is an impermissible local purpose at work. 54. Banning pet stores from selling puppies from breeders does not rationally advance the goal of eliminating so- called "puppy mills." 10 4184974.1 M N C5 Q C N �Qa ate.+ O1 X 4 H ' � W Q � W 00 _ LU 2 3 4 5 6 7 8 9 10 11. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case 2:14 -ev- 00073 -DGC Document 1 Filed 01/14/14 Page 11 of 16 55, The Ordinance is over - inclusive, in that it bans pet stores from selling regardless of whether they come from reputable breeders that are not "puppy mills." Indeed, the Ordinance bans pet stores from selling even puppies purchased from the local breeders that the Ordinance otherwise allows to sell to the public. 56. The Ordinance is also under - inclusive, failing to ban the very same sales of ostensibly "puppy mill" dogs from other sources, such as local breeders, retailers that are not an "establishment" under the Ordinance, internet or other remote sellers, and even animal shelters or "rescue" organizations that, wittingly or unwittingly, can end up buying "puppy mill" puppies and passing them on to consumers. Pet stores are just a small fra of dog purchases (the ASPCA, itself a backer of pet store bans, estimates only 2 -10%), rendering the underinclusiveness substantial. 57. The Ordinance is not only seriously misaligned with the problem it claims to address, but it is actually counterproductive. The Ordinance criminalizes conduct by pet stores, which can be regulated and held accountable, while driving demand to internet brokers, which are virtually impossible to police and which are much more likely to buy from bad breeders. 58. The Ordinance is an irrational and impermissible violation of equal 59. Plaintiffs are entitled to an order declaring the Ordinance unconstitutional under the equal protection provisions of the United States and Arizona Constitutions. COUNT THREE ---- DECLARATORY RELIEF (VAGUENESS) 60. Plaintiffs incorporate the foregoing paragraphs as if fully set forth herein. 61. Laws are required to be drafted such that regulated parties, as persons of ordinary intelligence, know what is required of them so they may act accordingly. Precisio; and guidance, in the form of sufficiently- definite guidelines to govern law enforcement, are also necessary so that those enforcing the law do not act in an arbitrary or discriminatory way. Laws that fail the vagueness test are unconstitutional and may not be enforced. 62. Laws creating a criminal penalty are subject to greater vagueness scrutiny laws merely providing for civil penalties. 11 4184970.1 N 7 0 r g a c C N Aga t °; x zoo Cam,] W vM W cID CM W 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case 2:14 -cv- 00073 -DGC Document 1 Filed 01/14114 Page 12 of 16 63. The Ordinance here is unconstitutionally vague in numerous ways. The Ordinance is not drafted so as to provide fair guidance for parties to understand whether how the Ordinance applies to them, nor does it provide sufficient precision such that City authorities are disabled from enforcing it in an arbitrary and discriminatory way. 64. For instance, it provides that a "pet shop" is "any establishment at which are kept for sale any animals generally considered to be household pets, but excluding kennels or livery stables." But a "kennel" is any "enclosed, controlled area, inaccessible to other animals, in which a person keeps, harbors or maintains five or more dogs under controlled conditions." Puppies `N Love seems to be both a "pet shop" and a "kennel," in that it both keeps household pets for sale and also provides an enclosed, controlled area, inaccessible to other animals, where it keeps five or more dogs. The Ordinance would seem to both apply and not apply to virtually any pet store, allowing law enforcement to pick and choose what facilities it wishes to prosecute and which ones it does not. 65. The Ordinance also provides no guidance as to what an "establishment' is. It could be any location, or any business, or any institution, or some combination of the three. It could include home -based businesses or not, unincorporated operations or not, or individuals re- selling dogs or not. 66. The Ordinance also is circular in defining the local A breeder selling dogs, even those bred and reared on the premises, is certainly an "establishment at which are kept for sale any animals generally considered to be household pets," and thus would seem to be a "pet shop..,,".�•. The local- breeder. Pr" ' 'on, however, exempts only "[a] person or establishment �6ther than a et sho or et de er," where the dogs "were bred and reared on the premises. meyquently, -iY-is not clear whether there is a local breeder exemption at all, or if so precisely who is in it and why. The Ordinance is ripe for selective enforcement. 67. Plaintiffs are entitled to an order declaring the Ordinance void for vagueness. COUNT FOUR -- DECLARATORY RELIEF (PREEMPTION, BY STATE LAW) 68. Plaintiffs incorporate the foregoing paragraphs as if fully set forth herein. 12 4184970.1. r /f, M N 4 ro � e � g� t: in . arq z « aO, 0 9 r cY N a V W o M W 010 CD RRE O I = 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case 2:14 -cv- 00073 -DGC Document 1 Filed 02/14/14 Page 13 of 16 69, The Ordinance is preempted by Arizona's state "Puppy Lemon Law," A.R.S. § 44 -1799 et seq. 70. A local law is preempted by a state statute if the subject is a matter of statewide concern and state law either occupies the field or local enactment will conflict II with the state law. 71. Regulating the conditions under which dogs imported into the state from 11 breeders may be sold to consumers is a matter of statewide concern. 72. The state statute is aimed at regulating those conditions, and it contains numerous provisions designed to ensure that dogs purchased by pet shops and sold to the public come from healthy and safe conditions. It even expressly refers to USDA breeders a permissible "source" for pet shops, with regulations for information that must be passed on if the puppy comes from such a breeder. Random source facilities, on the other hand, ar not regulated by the Puppy Lemon Law and, by their very nature, must be able to sell "lemon" dogs, which oftentimes are in the facility precisely because they require expensive veterinary care or have behavioral issues. The state statute would be rendered a nullity in Phoenix if random source facilities are the only permissible sources of dogs for pet shops. 73. Plaintiffs are entitled to an order declaring the Ordinance preempted by state law. COUNT FIVE -- DECLARATORY RELIEF (SPECIAL LAW) 74. Plaintiffs incorporate the foregoing paragraphs as if fully set forth herein. 75. The Ordinance violates the Arizona Constitution's prohibition on the enactment of special laws, Ariz. Const. art. 4, pt. 2, § 19(13), (20). 76. The Ordinance arbitrarily denies pet shops the right to maintain a lawful and humane business even though they are similarly situated with respect to other puppy sellers, like local breeders, who are allowed to sell even "puppy mill" dogs to the public (as of course may internet and other remote sellers). 77. There is no rational basis for such a distinction; it is actually counterproductive by driving consumers looking for purebred dogs to less accountable and 13 4184970.1 M fV d � v d � La r- G N a) o oN o O 3 L a u, a v v M = W c/o _ w~o 1 2 3 4 5 6 7 8 9 10; l 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case 2:14 -cv- 00073 -DGC Document 1 Filed 01/14/14 Page 14 of 16 largely unregulated sources. The Ordinance also fails to encompass all members of the relevant class— supposed sellers of "puppy mill" dogs —by allowing (for example) in -state local breeders, third party resellers who lack an "establishment" for keeping the dogs for sale, and even well- intentioned but misguided (or perhaps some ill- intentioned) animal shelters and animal rescue organizations that obtain puppies from "puppy mills," all to sell II those puppies to the public. 78. Plaintiffs are entitled to an order declaring the Ordinance unconstitutional 11 under the special law provision of the Arizona Constitution. COUNT SIX ---- R rUNCTION 79. Plaintiffs incorporate the foregoing paragraphs as if fully set forth herein. 80. Because the Ordinance is unconstitutional, Plaintiffs are entitled to an injunction against Defendant from enforcing the Ordinance as to them. Plaintiffs will suffer irreparable harm from its unconstitutional enforcement, including the closure of the Puppies `N Love store, the loss of intangible goodwill, the requirement to lay off employees, the stigma of having been closed to avoid supposed "animal cruelty," and other similar harms that would be devastating to Plaintiffs. 81. Furthermore, Plaintiffs will suffer immediate and irreparable injury, loss, and damage if the Defendant is not temporarily enjoined and preliminarily restrained from enforcing the Ordinance as to Plaintiffs. 82. Plaintiffs are likely to succeed on the merits of its claims or, at the very least, raise serious questions about the constitutionality of the Ordinance. 83. The balance of hardships tips sharply in Plaintiffs' favor because a temporary restraining order and preliminary injunction would merely place the constitutional questions on hold pending trial, and the failure to issue such preliminary relief would cause Plaintiffs to suffer irreparable injury if the Ordinance is enforced as to them during the pendency of this action. 14 4184470.1 P a o a ro o C N C> a` L °g 4 '7 L � Ln a C-3 W C=M =J= coo C-0 Wcm MOO 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case 2:14 -cv- 00073 -DGC Document 1 Filed 01/14/14 Page 15 of 16 84. The issuance of a temporary restraining order and preliminary injunction is in the public interest because the public is served by enjoining the potentially unconstitutional government conduct while the merits are explored more thoroughly. 85. Granting a temporary restraining order will serve the interest of preserving the status quo. 86. Defendant will suffer no damage by the issuance of a temporary restraining I order. 87. Thus, the Court should also issue a temporary restraining order and preliminary injunction pending conclusion of the merits of this action. PRAYER FOR RELIEF 88. Plaintiffs respectfully request: a. An order declaring the Ordinance unconstitutional under the Commerc Clause of the United States Constitution; b. An order declaring the Ordinance unconstitutional under the equal protection provisions of the United States and Arizona Constitutions; C. An order declaring the Ordinance void for vagueness; d. An order declaring the Ordinance preempted by state law, A.R.S. § 44- 1799 et seq.; e. An order declaring the Ordinance unconstitutional under the special law provision of the Arizona Constitution, Ariz. Const. art. 4, pt. 2, § 19(20); f. An injunction directed to the City of Phoenix, its officers, agents, servants, employees, and attorneys, and any other person acting in concert or participation with any of them, from enforcing the Ordinanc against Plaintiffs; g. A temporary restraining order and preliminary injunction enjoining enforcement of the Ordinance as to Plaintiffs pending the conclusion o the merits of this action; 15 4184970.1 N v $3 G O u a' C N V C) Q i f m °vtna V W o � W W CM W 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case 2:14 -cv- 00073 -DGC Document 1 Filed 01/14/14 Page 16 of 16 h. Such reasonable costs and attorneys' fees as are available in law or equity; and i. All such other and further relief to which Plaintiffs may be justly entitled. DATED this 14th day of January, 2014. LEWIS ROCA ROTHGERBER LLP LM i Robert G. Schaffer William G. Voit Attorneys for Plaintiffs Puppies `N Love, a d/b /a of CPI, Inc.; Frank Mineo; Vicki Mineo 16 4184970.1 Puppis & #039;N yove et al V. phoenix, City of Doc.141 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 iM IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Puppies `N Love, a d/b /a of CPI, Inc., et al., Plaintiff, V. City of Phoenix, et al., Defendant. No. CV- 14- 00073- PHX -DGC PRELIMINARY INJUNCTION Plaintiffs have filed a . motion seeking a temporary restraining order and a preliminary injunction. Doc. 11. The motion is fully briefed and the Court held a hearing on March 27, 2014. For the reasons set forth below, the Court will grant the motion and enter a preliminary injunction. I. Background. Plaintiffs Puppies `N Love and its owners Frank and Vicki Mineo instituted this action on January 14, 2014. Plaintiffs challenge the constitutionality of Ordinance No. G -5973 ("the Ordinance "), which the City of Phoenix adopted at a City Council meeting on December 18, 2013. The Ordinance went into effect on January 17, 2014. Under the Ordinance, Phoenix pet shops can sell only dogs purchased from an animal shelter, a nonprofit humane society, or a nonprofit animal rescue organization. The Ordinance prohibits pet shops from selling puppies purchased from any breeder. Violation of the Ordinance is a criminal offense. The stated purpose of the Ordinance is to "target retail outlets that drive the wholesale production of dogs in inhumane `puppy mills,' while also combating pet overpopulation and protecting consumers from the emotional and financial 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 hardships caused by unwitting purchases of a puppy mill puppy from a pet shop." Doc. 27 at 2. "Puppy mills" are inhumane dog breeding facilities where overcrowding, poor sanitation, and inadequate veterinary care are rampant. "The irresponsible breeding practices endemic to puppy mills ... result in a host of hereditary and congenital diseases common to puppy mill puppies." Id. Plaintiffs assert that they buy pure and specialty -breed puppies and sell them to individual consumers in their stores. They assert that such puppies are not available for them to purchase in sufficient numbers from shelters, humane societies, and animal rescue organizations, making their business model nonviable under the Ordinance. Plaintiffs claim that the Ordinance thus presents them with a Hobson's choice: either continue operating their business and incur criminal liability, or go out of business. II. Legal Standard. In order to obtain a preliminary injunction, Plaintiffs must establish that they are likely to succeed on the merits, that they are likely to suffer irreparable harm in the absence of preliminary relief, that the balance of equities tips in their favor, and that an injunction is in the public interest. Winter v. Natural Res. Def. Council, Inc., 555 U.S. 7, 20 (2008). The Ninth Circuit continues to analyze the four elements using a "sliding scale" approach, in which "the elements of the preliminary injunction test are balanced, so that a stronger showing of one element may offset a weaker showing of another." Alliance for the Wild Rockies v. Cottrell, 632 F.3d 1127, 1131 (9th Cir. 2011). Should the moving party demonstrate a very high likelihood of injury, the likelihood of success on the merits may be relaxed. An injunction may be granted when serious questions going to the merits are raised and the balance of hardships tips sharply in the plaintiff's favor. Wild Rockies, 632 F.3d at 1135. III. Analysis. A. Ripeness. Defendant City of Phoenix ( "the City ") argues that Plaintiffs' complaint does not present a justiciable issue because the questions presented are not ripe for review. -2- I Doc. 26 at 2. The City argues that because Plaintiffs have not received any letters, calls, 2 or visits from City authorities threatening them with prosecution, Plaintiffs have "jumped 3 forward into litigation on the speculation of future prosecution." Id. at 3 -4. 4 Ripeness is a question of timing designed to "prevent the courts, through 5 avoidance of premature adjudication, from entangling themselves in abstract 6 disagreements." Abbott Laboratories v Gardner,'387 U.S. 136, 148 (1967). The role of 7 Article III courts is neither to issue advisory opinions nor to declare rights in hypothetical 8 cases, but to adjudicate live cases or controversies consistent with the powers granted the 9 judiciary in Article III of the Constitution. See U.S. Const. art. III. To determine whether 10 the ripeness requirement is satisfied, the Court must consider whether Plaintiffs face "a 11 realistic danger of sustaining a direct injury as a result of the statute's operation or 12 enforcement," or whether the alleged injury is too "imaginary" or "speculative" to 13 support jurisdiction. Babbitt v. United Farm Workers Nat'l Union, 442 U.S. 289, 298 14 (1979). I S The difference between an unripe, abstract question and a "case or controversy" is 16 "one of degree ... and is not discernible by any precise test." Id. at 297. Neither the 17 mere existence of a proscriptive statute nor a generalized threat of prosecution satisfies 18 the ripeness requirement. See San Diego Cnty. Gun Rights Comm. v. Reno, 98 F.3d 1121, 19 1126 -27 (9th Cir. 1996). "When contesting the constitutionality of a criminal statute, it is 20 not necessary[, however,] that [the plaintiff) first expose himself to actual arrest or 21 prosecution to be entitled to challenge [the] statute that he claims deters the exercise of 22 his constitutional rights." Babbitt, 442 U.S. at 298 (internal quotation marks and citation 23 omitted). "When the plaintiff has alleged an intention to engage in a course of conduct 24 arguably affected with a constitutional interest, but proscribed by a statute, and there 25 exists a credible threat of prosecution thereunder., he should not be required to await and 26 undergo a criminal prosecution as the sole means of seeking relief." Id. 27 The Ninth Circuit looks to three factors in making this determination: (1) whether 28 the plaintiffs have articulated a "concrete plan" to violate the law in question, (2) whether 1910 I the prosecuting authorities have communicated a specific warning or threat to initiate 2 proceedings, or whether there is at least a credible threat of prosecution, and (3) the 3 history of past prosecution or enforcement under the challenged statute. Reno, 98 F.3d at 4 1 1126 -28. Considering these factors, the Court finds that Plaintiffs' complaint presents rt 6 7 ,11W 8 J� 12 13 14 ...� �' 15 � 16 ripe questions for review. First, Plaintiffs have a "concrete plan" to violate the Ordinance. Their entire business — selling puppies from USDA - licensed Class A breeders and hobby breeders — has been made unlawful by the Ordinance. Doc. 34 at 4. The conduct criminalized by the Ordinance is not conduct in which Plaintiffs engage only occasionally; it is their core business model. Second, the City has not made a specific threat to initiate proceedings against Plaintiffs, but neither has the City disavowed an intent to prosecute Plaintiffs under the Ordinance. Babbitt found a similar refusal by the State of Arizona to "disavow[] any intention" to prosecute under a newly passed law adequate to support a finding of ripeness. 442 U.S. at 302. Plaintiffs openly admit that they engage in the very conduct the Ordinance makes criminal — selling puppies acquired from breeders. As in Babbitt, 17 the Court finds that Plaintiffs are "not without some reason in fearing prosecution," 18 making them and the City "sufficiently adverse" to satisfy the ripeness requirement. Id. 19 Third, the Ordinance is newly adopted. There is no history of past prosecution or 20 non - prosecution that could allay Plaintiffs' fear of criminal liability. 21 The Court concludes that Plaintiffs' fear of prosecution under the Ordinance is not 22 imaginary or speculative. Their business model has been made illegal, and their 23 challenge to the Ordinance is sufficiently ripe to come before the Court. 24 B. Irreparable Harm. 25 If enforcement of the Ordinance is not enjoined, Plaintiffs assert that they will go 26 out of business. Doc. 11 at 4. Because the loss of one's business carries more than 27 merely monetary consequences, it constitutes irreparable harm. See Am. Trucking Assns 28 v. City of Los Angeles, 559 F.3d 1046, 1059 (9th Cir. 2009). Plaintiffs' business consists ME I almost entirely of acquiring pure and specialty -breed puppies and selling them to 2 individual consumers in the Phoenix area. Doc. 11 -1 at 12. Under the Ordinance, the 3 only sources of puppies in Plaintiffs' niche would be animal shelters, nonprofit humane 4 societies, and nonprofit animal rescue organizations. Plaintiffs have provided affidavits 5 asserting that these sources of puppies would not be adequate to provide Plaintiffs with a 6 sufficient number of healthy pure and specialty -breed puppies to sustain their store. Id. 7 At oral argument, the City asserted that Plaintiffs would not be irreparably harmed 8 because they could switch their business to selling puppies from shelters, nonprofit 9 humane societies, or nonprofit animal rescue organizations in conformity with the 10 Ordinance. The Humane Society of the United States has made the same assertion. See 11 Doc. 27 at 18. Plaintiffs have provided evidence, however, that they could not compete 12 on a for - profit basis with subsidized shelters and humane societies that provide the same 13 dogs for free or for a minimal price. Doc. 11 -1 at 13. Plaintiffs credibly assert that their 14 only lawful choice under the Ordinance is to close the doors of Puppies `lei Love and lay 15 off their employees. Id. The Court finds that Plaintiffs have shown a likelihood of 16 irreparable harm if the Ordinance is not enjoined. 17 C. The Balance of Hardships Tips Sharply in Plaintiffs' Favor, 18 If the Court does not enjoin enforcement of the Ordinance against Plaintiffs, 19 Plaintiffs will lose their business. if the Court enjoins enforcement of the Ordinance 20 against them, Defendants assert that the City will be prevented from exercising its police 21 power to "protect consumers from the often unknown, expensive, and heartbreaking side - 22 effects associated with" puppy mills. Doc 27 at 18. But this concern is diminished 23 considerably by Plaintiffs' evidence that they do not acquire dogs from puppy mills. 24 Defendants also assert that "other entities that supported the Ordinance's passage will be 25 forced to continue devoting resources to monitoring the receipt and sale of animals in 26 Phoenix from puppy mills." Doc. 27 at 18. This concern is diminished considerably by 27 the fact that Plaintiffs seek an injunction only with respect to their pet store, not all pet 28 stores. -5- I Weighing the hardship to Plaintiffs if enforcement of the Ordinance against them 2 is not preliminarily enjoined (loss of their business) against the diminished concerns of 3 Defendants if enforcement against Plaintiffs is enjoined (an inability to prosecute a 4 business that is not supporting puppy mills), the Court finds that the balance of hardships 5 tips sharply in Plaintiffs' favor. 6 1 D. Serious Questions. 7 Because the Court has found that the balance of hardships tips sharply in 8 Plaintiffs' favor, Plaintiffs need not show that they are likely to succeed on the merits. 9 Instead, they can show that their comlaint presents "serious.guestions going to the 10 merits." Wild Rockies, 632 F.3d at 1135. "For the purposes of injunctive relief, `serious 11 questions' refers to questions which cannot be resolved one way or the other at the 12 hearing on the injunction and as to which the court perceives a need to preserve the status 13 quo lest one side prevent resolution of the questions or execution of any judgment by 14 altering the status quo." Republic of the Philippines v. Marcos, 862 F.2d 1355, 1362 (9th 15 Cir. 1988) (en bane). "Serious questions need not promise a certainty for success, nor 16 even present a probability of success, but must involve a `fair chance of success on the 17 merits."' Id. (quoting Nat'l Wildlife Fed'n v. Coston, 773 F.2d 1513, 1517 (9th Cir. 18 1985)); see also Bernhardt v. L.A. County, 339 F.3d 920, 926 -27 (9th Cir. 2003). 19 The briefing and oral argument confirm that serious questions are presented in this 20 case. Plaintiffs' Commerce Clause argument, although vigorously disputed, presents an 21 issue worthy of factual development and the Court's careful consideration. Plaintiffs 22 assert that the Ordinance discriminates against and imposes burdens on interstate 23 . commerce that far outweigh local benefits. Plaintiffs have also raised credible V equal 24 protection and special laws claims. The Court concludes that the status quo should be 25 maintained to permit resolution of these issues. 26 E. Public Interest and Balance of the Equities. 27 Defendants assert that a preliminary injunction is not in the public interest because 28 it would not show proper regard for the rightful independence of state governments in I carrying out their domestic policy. Doc. 26 at 17 (citing Burford v. Sun Oil Co., 319 U.S. 2 315, 318 (1943)). The Court disagrees. Although due regard for the independence of the 3 City is surely warranted, countervailing public interests are also at stake. These include 4 interests served by the Commerce and Equal Protection Clauses of the United State 5 Constitution and the Special Laws provision of the Arizona Constitution. Those interests 5 can be served in this case only by preserving the status quo while the serious questions 7 raised by Plaintiffs' complaint are resolved. See Sammartano v. First Judicial District 8 Court, 303 F.3d 959, 974 (9th Cir. 2002). The Court finds that these public interests 9 offset each other and do not weigh against issuance of a preliminary injunction. 10 The final consideration — balance of the equities — has been addressed above in the 11 Court's consideration of the balance of hardships. 12 IV. Conclusion. 13 The Court concludes that Plaintiffs have presented justiciable questions for the 14 Court's consideration and have established the elements under Wild Rockies that entitle 15 them to preliminary relief. 16 IT IS ORDERED that Plaintiffs' motion for a preliminary injunction (Doc. 11) is 17 granted. Defendants are enjoined from enforcing Ordinance No. G -5973 against 18 Plaintiffs during the remainder of this litigation. 19 Dated this 2nd day of April, 2014. 20 21 1 22 J9/ 23 1 David G. Campbell 24 United States District Judge 25 1 OV 27 28 -7- Municode Page 1 of 68 Palm Beach County, Florida, Code of Ordinances >> - PALM BEACH COUNTY CODE >> Chapter ANIMALS >> Chapter 4 ANIMALS 1, Sec. 4 -1. Short title. Sec. 4 -2. Definitions. Sec. 4 -3. Females in heat. Sec. 4 -4. Dog and cat control. Sec. 4 -5. Animals creating nuisances. Sec. 4 -6. Scientific experimentation /animals as prizes Sec. 4 -7. Injured animals, action required. Sec. 4 -8. Keeping /adopting stray animals and maintaining feral cats Sec. 4 -9. Animal waste. Sec. 4 -10. Rabies vaccinations. Sec. 4 -11. Dog and cat rabies /license tags. Sec. 4 -12. Redemption and adoption. Sec. 4 -13. Adoption fees and sterilization reauirements for doas and cats Sec. 4 -14. Records. Sec. 4 -15. Humane education. Sec. 4 -16. Animal bites and quarantining. Sec. 4 -17. Placement and impoundment of honeybee hives Sec. 4 -18. Guard dogs. Sec. 4 -19. Evictions, iail terms, community service adjudications and other involuntary occurrences effect on animals Sec. 4 -20. Disposal of bodies of dead animals. Sec. 4 -21. Livestock. Sec. 4 -22. Number of animals: acreage restrictions /excess animal habitats Sec. 4 -23. Kennel, excess animal habitat, commercial breeder, pet dealer, pet shop groomina parlor and commercial stable permits. Sec. 4 -24. Animal care: manner of keeping_ Sec. 4 -25. Dogs and cats offered for sale: health reauirements Sec. 4 -26. Animal agencies. Sec 4 -27 Aaaressive doas dangerous doas and vicious dogs Sec. 4 -28. Sterilization grogram for dogs and cats Sec. 4 -29. Hobby breeder permits. Sec. 4 -30. Animal care and control special master hearings. Sec. 4 -31. Interference with enforcement. Sec. 4 -32. Violations, civil infractions, civil penalties. Sec. 4 -33. First offenders course. Sec. 4 -34. Dogs on the beach prohibited. Sec. 4 -1. Short title. This chapter shall be designated and may be cited as the "Palm Beach County Animal Care and Control Ordinance of 1998." (Ord. No. 98 -22, § 1, 6- 16 -98) https: //library.municode.com/ print. aspx? h =& amp; clientID = 10323 &HTMRequest =ht... 11/19/2013 Municode Sec. 4 -2. Definitions. Page 2 of 68 For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, words in the singular number include the plural number, and the use of any gender shall be applicable to all genders whenever the sense requires. The words "shall' and "will' are mandatory, and the word "may" is permissive. Words not defined shall be given their common and ordinary meaning. Adult dog or cat shall mean any dog or cat that is six (6) months of age or older Advertising shall mean any statement made in connection with the solicitation of an animal service, animal business, and /or the sale of an animal and includes without limitation, statements and representations made in a newspaper or other publication, on the radio, television, or internet or contained in any notice, handbill, business card, sign, catalog, billboard, brochure, poster or letter. Aggressive dog shall mean any dog that according to the records of the division has severely injured or killed a domestic animal while off the owner's property. Altered animal shall mean any animal that has been spayed or neutered. Animal shall mean any living vertebrate other than a human being. Animal care and control division or division shall mean an entity of the board of county commissioners. Animal control offfcer/code enforcement officer shall mean any person employed by the county whose duty it is to enforce codes and ordinances pursuant to Florida Statutes, § 162.21, and including county animal care and control ordinances and as defined in Florida Statutes, § 828.27(1) (b) and other applicable state laws. Animal establishment shall mean a kennel, commercial breeder, pet dealer, pet shop, grooming parlor, mobile grooming unit, excess animal habitat or commercial stable operating in Palm Beach County. Authorized veterinarian /clinic shall mean any person licensed or permitted to practice veterinary medicine under the laws of the state and such person shall have had no previous incidents where money collected from the sale of rabies /license tags has been used /handled inappropriately or illegally. Board shall mean the board of county commissioners of the county. Breeding shall mean sexual intercourse or artificial insemination of an animal, the result of which may be offspring. Commercial breeder shall mean any person who engages in the sale or breeding of more than two (2) litters of dogs or cats or twenty (20) dogs or cats, whichever is greater, per one -year period. County shall mean the incorporated and unincorporated areas of the county. https: // library. municode. com /print.aspx ?h= &clientlD= 10323 &HTMRequest =ht... 11/19/2013 Municode Page 3 of 68 Dangerous dog shall mean any dog that according to the records of the division, meets at least one (1) of the following: (1) Has aggressively bitten, attacked, endangered or has inflicted severe injury on a human being on public or private property. (2) Has more than once severely injured or killed a domestic animal while off the owner's property. (3) Has been used primarily or in part for the purpose of dog fighting or is a dog trained for dog fighting. (4) Has, when unprovoked, chased or approached a person upon the streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack, provided that such actions are attested to in a sworn statement by one (1) or more persons and dutifully investigated by the division. Direct control shall mean immediate and continuous physical control of an animal (excluding herding dogs, dogs in the process of hunting, police dogs, dogs participating in a registered field trial, obedience trial, and confirmation show and /or match) at all times such as by means of a fence, leash, cord or chain of sufficient strength to restrain the animal. When an animal is specifically trained to immediately respond to oral or visual commands, direct control shall include oral or visual control if the controlling person is at all times clearly and fully within unobstructed sight and hearing of the animal, but in no case to exceed one hundred (100) feet. Oral control shall at all times prevent the animal from running at large or otherwise violating the provisions of this chapter. Director shall mean the Director of the Palm Beach County Division of Animal Care and Control. Domestic animal shall mean any dog, cat, horse, pony, mule, cow, goat, sheep, pig, chicken, goose, duck, or rabbit that is owned by a person or any animal defined in F.S. § 585.01, that is owned by a person. Electronic animal identification device (EAID) shall mean a microchip with a frequency used and approved by the division. Excess animal habitat shall mean any property measuring two and one -half (2.5) acres or more on which the maximum number of thirty (30) dogs and cats has been exceeded and for which a permit has been issued by the division. Feral cat shall mean any cat that has no apparent owner or identification and is apparently wild, untamed, unsocialized, unmanageable and unable to be approached or handled. Grooming establishment shall mean any place of business (stationary or mobile) which accepts private pets for bathing, clipping, dipping, pedicuring or other related services (not to include breeding, dentistry or overnight boarding). Guard dog shall mean any type of dog used for the purpose of defending, patrolling or protecting property or life at any nonresidential establishment or which resides on the nonresidential property. The term "guard dog" shall exclude any stock dogs used primarily for handling and controlling livestock or farm animals. Guard dog service shall mean any person, business, or corporation that trains, sells, rents, or leases guard dogs for the purpose of defending, patrolling, or protecting property or life at any nonresidential establishment in Palm Beach County. https:// library. municode. com /print.aspx ?h= &clientID= 10323 &HTMRequest =ht... 11/19/2013 Municode Page 4 of 68 Guide dog or service animal shall mean any guide dog, signal dog, or other animal individually trained and utilized to do work or perform tasks for the benefit of an individual with a disability, including but not limited to guiding an individual with impaired vision, alerting an individual with impaired hearing to intruders or sounds, providing minimal protection or rescue work, pulling a wheelchair, or fetching dropped items (as stated in Americans With Disabilities Act Rules and Regulation Regarding Service Animals, 28 Code of Federal Regulation (CFR) Part 36, Subpart A- General 36.104 Definitions). Harborer or caregiver shall mean any person who provides care, shelter, protection, refuge, or nourishment to an animal or undertakes the responsibility to do so. Hobby breeder shall mean any person who intentionally or unintentionally causes or allows the breeding or studding of a dog or a cat or engages in the breeding of up to two (2) litters of dogs or cats or nineteen (19) dogs or cats per household or premises per one -year period. Humane society shall mean an incorporated organization that has a nonprofit status with the Internal Revenue Service for which the central purpose is to provide for the protection of animals. A humane society accepts members from the public at -large and the controlling board is elected by the general membership. A humane society operates from a business facility on commercially zoned property and has advertised and set hours for public access. Humane trap shall mean any device used for capturing an animal without inflicting injury, pain or suffering and which provides adequate ventilation for the trapped animal. Snares, leg traps or similar devices are considered inhumane and shall not be used. Injury shall mean any physical injury that results in breaking the skin, a bite, or a laceration of the skin. Juvenile dog or cat shall mean any dog or cat that is at least two (2) months of age but younger than four (4) months of age for the purposes of rabies vaccinations /tags. Kennel shall mean any place of business at which dogs or cats are kept for boarding, training, daycare, rental, or other use for hire. Livestock shall include all animals of the equine (horse, mule, etc.), bovine (cattle), porcine (swine), caprine (goats), ovine (sheep) and domesticated poultry. Official certificate of veterinary inspection shall mean a legible certificate of veterinary inspection which has been issued by the state department of agriculture and consumer services and signed by the examining veterinarian licensed by the state and accredited by the United States Department of Agriculture. Owner shall mean any person, firm, corporation, organization, humane society, public or private nonprofit organization, harborer, or caregiver who owns, keeps, harbors, possesses, or has control or custody of an animal. If the person purporting to own an animal is a minor as defined by the Florida Statutes, the minor's parent(s) or legal guardian shall be deemed the owner of an animal for the purposes of this chapter. Person shall mean any natural person, society, firm, corporation, partnership, association, humane society, public or private nonprofit organization, other legal entity, public or private institution, municipal corporation, unit of local government or other business unit and every officer, agent, or employee of such business unit. If the person is a minor as defined by the Florida https: / /library.municode. com/ print. aspx? h =& amp; clientID = 10323 &HTMRequest =ht... 11/19/2013 Municode Page 5 of 68 Statutes, the minor's parent(s) or legal guardian shall be deemed the owner of an animal for the purposes of this chapter. Pet dealer shall mean any person who engages in the sale of more than two (2) litters of dogs or cats or twenty (20) dogs or cats, whichever is greater, per calendar year, but who does not engage in breeding dogs or cats. This definition excludes humane societies, private not for profit animal shelters, and government animal control shelters. Pet shop shall be held to include any place or business where pet/companion animals (including small animals intended for use as reptile food) are kept for retail or wholesale purchase. Excluded are those animals regulated and controlled by the state fish and wildlife conservation commission. This definition excludes humane societies, private not for profit animal shelters, and government animal control shelters. Police work dog shall mean any dog owned by any state, county or municipal police department or any state or federal law enforcement agency which has been trained to aid law enforcement officers and is actually being used for police work purposes. Premises shall mean any parcel of land and the structures thereon. Private animal nonprofit organization shall mean any person, group or corporation which is registered as a nonprofit organization according to state law and is sheltering, adopting, fostering, providing rescue or old age homes for dogs and /or cats. "Rescue" shall include legally receiving dogs and /or cats from shelters or owners, and providing medical or behavioral rehabilitation for placement into new homes. Breeding of rescue dogs or cats is prohibited. Psittacine bird means any member of the Psittacidae family of birds including but not limited to parrots, parakeets, and macaws. Public road shall mean any street, sidewalk, alley, highway or other way open to travel by the public, including rights -of -way, bridges, common ground, easements and tunnels. Quarantine shall mean the strict confinement, isolation and observation of an animal suspected of having rabies or any other infectious zoonotic disease. Quarterly basis means the calendar quarters ending March 31, June 30, September 30, and December 31 each calendar year. Secure enclosure shall mean a locked pen or structure constructed to prevent an animal from escaping over, under or through the enclosure. The enclosure shall have secure sides and a top. Severe injury shall mean any physical injury that results in broken bones, multiple bites or disfiguring punctures /lacerations requiring sutures or reconstructive surgery. Stable, commercial shall mean those premises where: (1) More than four (4) equine are kept which do not belong to the owner or operator of the premises; or (2) Equine are kept for boarding, pasturing, breeding, riding, training, riding lessons, resale or rearing, and for which advertising is used to promote such activities. "Advertising" shall mean any written statement (excluding real property leasehold https: // library. municode. com /print.aspx ?h= &clientlD= 10323 &HTMRequest =ht... 11/19/2013 Municode Page 6 of 68 arrangements) made in connection with the solicitation of such businesses and includes without limitation, statements and representations made in a newspaper or other publication, or on radio or television or contained in any notice, handbill, business card, sign, catalog, billboard, brochure, poster or letter. Stable, private shall mean those premises where up to four (4) equine are kept which do not belong to the owner or occupant of the premises. Sterilization shall mean dogs and cats rendered permanently incapable of reproduction by surgical alteration, implantation of a device or other physical means, or permanently incapable of reproduction because of physiological sterility, but only where the neutered or spayed condition has been certified by a veterinarian licensed in any state. Sterilized shall refer to an animal permanently incapable of reproduction. Stray (noun) shall mean any animal that does not appear, upon reasonable inquiry, to have an owner. Unaltered shall mean an animal that has not been spayed or neutered. Unprovoked shall mean carried out without cause or reason. For the purpose of this chapter, an act is "unprovoked" if not instigated by the victim, whether the victim is a person or domestic animal. (Ord. No. 98 -22, § 2, 6- 16 -98; Ord. No. 05 -044, § 1, 9- 27 -05; Ord. No. 08 -004, pt. 1, 2 -5 -08; Ord. No. 2009 -019, § 1, 7- 21 -09; Ord. No. 2011 -005, § 1, 3- 15 -11) Sec. 4 -3. Females in heat. The owner or keeper of a female dog or cat in heat (estrus) shall humanely and securely confine such dog or cat indoors or in an enclosed and locked pen or structure to prevent the entry of a male dog or cat and constructed to prevent the female in heat from escaping. The only exception to this section is controlled and intentional breeding purposes. (Ord. No. 98 -22, § 3, 6- 16 -98) Sec. 4-4. Dog and cat control. (a) Dogs. (1) It shall be unlawful for any dog to be off the owner's property (which property is exclusive to the owner and does not include common areas) unless the dog is under the restraint or control of a person by means of a chain, leash or other device or is sufficiently near its handler to be under his direct control and is obedient to that handler's commands or is caged /crated. (2) It shall be unlawful for an owner to tie, chain, tether or confine by electronic/radio device a dog on the owner's property within five (5) feet of public property, public access, easements, common grounds or the property of another without the consent of the owner of such property. (b) Cats. Unsterilized cats must be confined to the owner's property. unsterilized cats off the owner's property must be restrained or confined humanely to prevent them from running at large and to protect them from injury and disease. (c) https: /l library. municode. com /print.aspx ?h= &clientID= 10323 &HTMRequest =ht... 11/19/2013 Municode Page 7 of 68 A fine schedule for violations of this section shall be established by the board by resolution. As a means to encourage more owners to sterilize dogs /cats, the following additional procedure has been implemented: When a first offense citation is issued to an owner of an unsterilized dog or cat for violating paragraph (a) and /or paragraph (b) herein, the division is authorized to hold the citation for fifteen (15) working days, allowing time for the owner to have said animal sterilized. If proof of sterilization is presented to the division in this time period, the citation shall not be processed through the county court system, thus waiving the citation fine for the owner. If the division is not presented proof of sterilization within fifteen (15) working days, the citation will be processed. (d) Registered feral cat colonies in compliance with section 4 -8, Keeping /adopting stray animals and maintaining feral cats, are exempt from this section. (Ord. No. 98 -22, § 4, 6- 96 -96) Sec. 4 -5. Animals creating nuisances. (a) The owner having control or custody of any dog, cat or psittacine bird that: (1) Habitually barks, whines, howls, squawks or causes other objectionable oral noise resulting in a serious annoyance to a reasonable person, shall be deemed to be committing an act in violation of this section; or (2) Disturbs the peace by habitually or repeatedly destroying, desecrating or soiling public or private property, chasing persons, livestock, cars or other vehicles, running at large, or other behavior that interferes with the reasonable use and enjoyment of the property, shall constitute a public nuisance. (b) An animal control officer shall investigate an alleged violation of this section upon the receipt of two (2) sworn affidavits of complaint provided by the division, signed by two (2) unrelated county residents living in separate dwellings in the close vicinity of the alleged violation. For the enforcement of paragraph (a)(2) herein, one (1) of the affidavits may be provided by a person who works for a recognized business or agency that regularly or frequently provides service in the close vicinity of the alleged violation. The affidavit shall specify the address or location of the alleged violation, the nature, time and date(s) of the act, the name and address of the owner or custodian, if known, and a description of the animal, if known. (c) An animal control officer, upon the receipt of two (2) sworn affidavits of complaint as provided for in paragraph (b) herein, may issue a citation to the owner or custodian of any animal alleged to be in violation of this section. (d) It is declared by the board that animals which bite, attack or threaten to bite. human beings constitute a public nuisance. (1) Any animal which has bitten, attacked or threatened to bite or attack a human being while off the property of the owner may be impounded by the division. Such animal may be removed from the owner's property and impounded unless the animal is under the direct control of its owner or confined in a humane manner within a secure building or enclosure unable to come into contact with any person(s). (2) Any costs incurred by the division related to any animal impoundment pursuant to this section shall be reimbursed to the division prior to release of the impounded animal. (3) The owner of any animal impounded pursuant to paragraph (d)(1) herein shall be mailed notice of said impoundment by certified mail or notified by personal service by an animal control officer before the end of the following business day of the impoundment, unless the owner has claimed the impounded animal. (4) https: // library. municode. com /print.aspx ?h= &clientlD= 10323 &HTMRequest =ht... 11/19/2013 Municode Page 8 of 68 If the address of the owner of any animal impounded pursuant to paragraph (d)(1) herein is unknown to the division, or the addressee of a certified letter mailed pursuant to paragraph (d)(3) herein fails to claim an impounded animal within five (5) days of the mailing of the certified letter, or receipt of personal service, the division shall cause notice of the animal's impoundment to be published once in a newspaper of general circulation within the county informing any concerned person of the impoundment between six (6) and fifteen (15) days of the impoundment. (5) If an animal impounded pursuant to paragraph (d)(1) herein is not claimed within fifteen (15) calendar days from the impoundment, the impounded animal may be disposed of in a manner according to law. (Ord. No. 98 -22, § 5, 6- 16 -98; Ord. No. 2011 -005, § 2, 3- 15 -11) Sec. 4 -6. Scientific experimentation /animals as prizes. (a) It shall be unlawful for any person, firm, organization or corporation to deliver, sell, offer or give any animal to any person, firm, organization or corporation for scientific experimentation which involves any cruel or inhumane treatment. (b) It shall be unlawful for the division to deliver, sell, offer or give any live animal to any person, firm, organization or corporation for scientific experimentation. (c) It shall be unlawful for any person, firm, organization or corporation to conduct scientific experimentation on animals which involves any cruel or inhumane treatment. (d) It shall be unlawful for any person or organization whether for profit, nonprofit, charity or any other purpose to offer an animal as a prize in response to participation in a game, contest, drawing of chance or any other similar event. The South Florida Fair is exempt from this provision. (Ord. No. 98 -22, § 6, 6- 16 -98) Sec. 4 -7. Injured animals, action required. It shall be unlawful for any person injuring any animal by any means, to fail to notify immediately the owner of the animal, the division, or the appropriate police department if in an incorporated municipality, or the sheriffs office if in an unincorporated area. (Ord. No. 98 -22, § 7, 6- 16 -98) Sec. 4 -8. Keeping /adopting stray animals and maintaining feral cats. (a) It shall be unlawful for any person in the county to harbor, feed and /or keep any stray animal unless he /she has notified the division within twenty -four (24) hours from the time such animal came into his /her possession. Upon receiving such notice, an animal control officer may take such animal and place it in the animal shelter. It shall be unlawful for any person to refuse to surrender any such stray animal to an authorized representative of the division upon demand of such representative. (b) Adopting stray found animals. The division, at its sole discretion, may permit residents who possess a stray dog or cat and who wish to provide it a permanent home, to legally adopt such animal by adhering to the following procedures: (1) Take the found stray animal to the division to be scanned for an electronic animal identification device (EAID) and checked for a tattoo. An exception to this requirement is for the potential adopter to take the dog or cat to a local veterinarian or another https: // library. municode. com /print.aspx ?h= &clientlD= 10323 &HTMRequest =ht... 11/19/2013 Municode Page 9 of 68 animal shelter to be scanned for an EAID and checked for a tattoo. Proof must be presented to the division that these requirements have been met. (2) Provide the division with clear identifying color photographs showing the animal from a side view and a front view. Each photograph must have a minimal dimension of three (3) inches by three (3) inches. It is also recommended that the potential adopter place a "found" advertisement in at least one (1) local newspaper of general circulation. (3) Complete an official division "found" form which provides all appropriate identifying information for the animal. (4) Sign an adoption agreement and pay all necessary fees and deposits. The prospective owner, at his /her option and expense, may make an appointment at the division to secure the required vaccinations, tests, electronic animal identification device (EAID) and sterilization or may secure these requirements through a private veterinarian. All deposits will be refunded when proof is shown that the new owner has complied with these requirements. (5) If the animal becomes injured or sick while under the potential adopter's care, that person shall be required to pay all necessary veterinary expenses. If the adopter does not wish to pay for needed treatment, the animal must be relinquished to the division. The potential adopter shall lose all rights and claims to the animal. (6) All potential adopters must agree to relinquish the found dog or cat to its rightful owner after proof of ownership has been demonstrated and /or until such time as the division approves and releases the animal to the new adopter. All potential adopters will also relinquish the found dog or cat to the division upon request. (7) Such animal(s) may become the property of a person if the following requirements are also met: a Photographs and identifying information have been posted at the division for ten (10) working days; b. The animal has been given a rabies inoculation and county tag; C. The animal has been sterilized; and d. The animal has been implanted with an electronic animal identification device (EAID). The requirements herein must be secured within thirty (30) calendar days after the division -approves the adoption application. Extensions may be granted by the division for reasonable requests. Any deviation from these adoption requirements by the potential adopter will void the adoption. (c) Feral cat harborer /caregiver requirements. (1) It is unlawful for any person to intentionally provide food, water, or other forms of sustenance or care to a feral cat or feral cat colony /colonies unless the person has registered the feral cat or cat colony /colonies with the division. Registration consists of the following requirements: a• Annually register each feral cat colony with the division. A notarized statement from the property owner and written notification to each contiguous property owner must accompany the registration form that affirms the approval of the property owner to establish and maintain a feral cat colony on the named property. The board shall establish a fee for the registration of each colony. If it is determined that a person is in violation of section (c)(1)a herein, said person shall be allowed thirty (30) days from the issuance of a warning notice https: // library. municode. com /print.aspx ?h= &clientlD= 10323 &HTMRequest =ht... 11/19/2013 Municode Page 10 of 68 to come into compliance. Failure to do so shall result in the issuance of a civil citation and the revocation of the registration of the feral cat colony. b. Assure responsibility and arrangements for feeding the cat or cat colony /colonies regularly throughout the year, including weekends, holidays and vacations of the "feral cat harborer /caregiver." C. Sterilize all cats. d• Sterilize all kittens over eight (8) weeks of age and before sixteen (16) weeks of age. e• Make every attempt to remove kittens from the colony by eight (8) weeks of age for domestication and placement. T. Remove any sick or injured cat from the colony /colonies for immediate veterinary care or humane euthanasia. 9• Ear crop all cats on the left ear and provide either a tattoo (as specified in section 4 -11, Dog and cat rabies /license tags) on the inside right ear or an electronic animal identification device (EAID). h. Vaccinate as required by law, all cats against rabies (with a three -year vaccine) and any other infectious diseases as mandated by the county or state. L Maintain proof of sterilization, vaccination, tattoo and medical records for all cats. These records must'be provided to the division upon request. (2) The division has the right to seize /remove the colony because: a• Of public health and safety concerns (rabies, other zoonotic epidemics and certain animal -to- animal diseases as identified by the county public health unit or the county veterinary association /society); b. The cats are creating a public nuisance as defined in section 4 -5, Animals creating nuisance; or C. The "feral cat harborer /caregiver" fails to abide by these requirements. (Ord. No. 98 -22, § 8, 6- 16 -98; Ord. No. 01 -065, § 2, 10 -2 -01; Ord. No. 01 -065, § 2, 10 -2 -01) Sec. 4 -9. Animal waste. The owner of every dog and cat shall be responsible for the removal of any feces deposited by his/her animal on public property, public walks, public beaches, recreation areas or private property of others. (Ord. No. 98 -22, § 9, 6- 16 -98) Sec. 4 -10. Rabies vaccinations. (a) Every person who is the owner of any dog or cat shall have such animal vaccinated against rabies with a vaccine approved by the United States Department of Agriculture in accordance with F.S. § 828.30. The duration of the vaccination shall be according to the approved label accompanying the vaccine as it applies to the particular species and age of the dog or cat. (b) Every person who visits the county with any dog or cat for a period of thirty (30) calendar days or less shall be deemed in compliance with this section by furnishing a current, valid certificate of rabies vaccination issued in accordance with the laws of the jurisdiction in which they permanently reside. Dogs and cats without a current certificate of rabies vaccination must receive a rabies inoculation and be issued a county vaccination certificate. https: // library. municode. com /Print.aspx ?h= &clientID= 10323 &HTMRequest =ht... 11/19/2013 Municode Page 11 of 68 (c) Every dog or cat that is relocated to the county for a period of more than thirty (30) calendar days, must have a current valid certificate of rabies vaccination. The information contained on that certificate must be substantially the same as the county rabies vaccination certificate or the dog and /or cat owner must secure a rabies vaccination and a county certificate of vaccination. (d) Evidence of a rabies vaccination shall consist of a fully completed county rabies vaccination certificate signed by the veterinarian administering the vaccine. The division shall provide the certificates to be used by the veterinarians. One (1) copy of the certificate shall be retained by the veterinarian for at least one (1) year after the vaccination expires and the other copies shall be distributed to the owner and animal care and control as directed by the division. (Ord. No. 98 -22, § 10, 6- 16 -98; Ord. No. 08 -004, pt. 2, 2 -5 -08) Sec. 4 -11. Dog and cat rabies /license tags. (a) Adult dogs and cats. (1) Every person who is the owner of any adult dog or cat shall secure from the division or an authorized veterinarian /clinic an adult dog or cat rabies /license tag. The division shall provide suitable tags for sale through authorized veterinarians /clinics. (2) No adult rabies /license tag for dogs or cats shall be issued or renewed until evidence of vaccination for rabies by a licensed veterinarian has been presented. Upon vaccinating a dog or cat against rabies, authorized veterinarians /clinics shall have available for purchase by the dog or cat owner, a county rabies/license tag. The rabies /license tag shall be valid for one (1) year from the date of vaccination and must be renewed annually. No adult rabies /license tag shall be valid after the expiration of the rabies vaccination, regardless of the date of issuance. (3) Failure to secure and purchase a new adult tag within thirty (30) calendar days after the previous tag expires will result in a late penalty. The board is hereby authorized to establish by resolution the cost for the late penalty. (4) All adult dogs shall be required to wear a valid county tag, except as provided for in Laws of Florida, Chapter 69 -1432, Section 1. Any person to whom a tag has been issued shall cause the tag to be securely fastened about the dog's neck by a collar, harness or other substantial device so as to be clearly visible at all times. Dogs housed in a secure enclosure may be exempt from wearing the required tag while kept in the enclosure, as long as the tag is securely fastened to a collar /harness and that device is attached to the enclosure. Dogs participating in a registered field trial, obedience trial and confirmation show and /or match are not required to wear such tags during the time of the event. (5) All adult cats shall be required to: a• Wear a valid county tag, except as provided for in Laws of Florida, Chapter 69- 1432, Section 1. Any person to whom a tag has been issued shall cause the tag to be securely fastened about the cat's neck by a collar, harness or other substantial device so as to be clearly visible at all times; or b• Be tattooed on the inside right ear with a number that is not to exceed six (6) digits. Such number shall be tattooed at the owner's sole expense. Each number is to be at least one - quarter ( %) inch in height and be clearly visible. Such number is to be provided by the owner on all official county vaccination and tag certificates; or C. Be implanted with an electronic animal identification device (EAID). https:// library. municode. com /print.aspx ?h= &clientlD= 10323 &HTMRequest =ht... 11/19/2013 Municode Page 12 of 68 (6) Every person who owns an adult dog or cat in the county shall be required to secure a dog or cat rabies /license tag pursuant to the following schedule: a• On or before the date a dog or cat is six (6) months of age; b• Within thirty (30) calendar days of acquiring a dog or cat; or C. Within thirty (30) calendar days after a dog or cat enters the jurisdiction covered by this article. (7) All authorized veterinarians /clinics shall have county rabies /license tags available for purchase by dog or cat owners or their agents who present evidence to the veterinarian that the dog or cat has been vaccinated against rabies pursuant to section 4 -10, Rabies vaccinations. For a one -year vaccination, the effective date of the license tag shall be the date on which the dog or cat was last vaccinated against rabies. For a three -year vaccination, the effective date will be one (1) and two (2) years following the date of vaccination. In no case shall the rabies /license tag be effective for more than one (1) year. (b) Reserved. (c) All authorized veterinarians /clinics and authorized representatives shall remit payment for rabies /license tags sold according to procedures established by the division. All authorized veterinarians /clinics and representatives are encouraged to issue one (1) business check monthly for rabies /license tags sold. Failure to follow the procedures established by the division will result in the requirement that a business check from the authorized entity be issued to the division on a monthly basis. A monthly rabies /license tag report form for purposes of tabulating tags sold and amount owed shall be supplied by the division. (d) Schedule of fees and payments. The board is hereby authorized to establish by resolution: (1) A schedule of fees for all license tag costs. (2) A schedule of payments or handling fees to authorized veterinarians /clinics and representatives who participate in the sale of dog and cat license tags. (e) General license tag requirements for adult dogs and cats. (1) The address of the owner shall be presumed to be the abode of the dog or cat. All changes of address must be reported to the division within thirty (30) calendar days following such change. (2) Any changes of ownership of any dog or cat, be it by sale, transfer or otherwise, shall be reported in writing to the division by the new owner within thirty (30) calendar days after ownership changes. (Ord. No. 98 -22, § 11, 6- 16 -98; Ord. No. 08 -004, pt. 3, 2 -5 -08) Sec. 4 -12. Redemption and adoption. (a) All animals that have been impounded shall be held for redemption by the owner for a minimum of five (5) business days that the division is open for public access, except that cats shall be held for redemption by the owner for a minimum of three (3) calendar days if the director determines that insufficient space exists to hold such animals. Notwithstanding the foregoing, whenever an animal is so injured or diseased as to appear to be suffering and it reasonably appears that such animal is imminently near death or cannot be cured or rendered fit for service and the division makes a reasonable and concerted, but unsuccessful, effort to locate the owner of the animal or the owner's agent, then the division, acting in good faith and upon reasonable belief, may humanely euthanize the animal upon the advice of a veterinarian licensed to practice in the state. If the division locates the owner or the owner's agent, the division shall notify him or her of the animal's location and condition https:lllibrary.municode. com /print. aspx ?h= & clientID =10323 &arnp;HTMRequest =ht... 11/19/2013 Municode Page 13 of 68 and such person shall either immediately redeem and provide care for the animal or relinquish the animal to the division. The division shall be required to attempt to contact the owner of any animal impounded wearing a tag, exhibiting a recognizable tattoo, or implanted with an electronic animal identification device (EAID). Those animals not claimed within five (5) business days (that the division is open for public access) by the owner shall become the property of the county and may be placed for adoption or disposed of in a humane manner. Impounded animals that have no tag, recognizable tattoo, EAID or other identification of ownership and that are infected with a contagious disease that poses a threat to the animals or staff at the shelter or to the public shall be immediately humanely euthanized. (b) All feral cats without identification shall be held two (2) business days (that the division is open for public access) for the owner to reclaim the cat and for re- evaluation by the division. All feral cats not reclaimed within said two (2) business days may be humanely euthanized. (c) Impounded animals shall be released when the following conditions have been satisfied: (1) Proof of ownership. Proof of ownership shall be established by way of a license and rabies vaccination certificate, bill of sale, photograph, affidavits from neighbors or other reliable documentary evidence. The division may also require a sworn statement of ownership. (2) Rabies vaccination and license tag. No dog or cat shall be released from the division without a current rabies vaccination and license tag, except as provided in section 4- 11(b) herein. (3) Electronic animal identification device (EAID). No dog or cat shall be released to the owner unless it has been implanted with an electronic animal identification device (EAID) at the owner's expense. No dog or cat shall be released for adoption unless it has been implanted with an EAID. (4) Fees and costs. The owner of an impounded animal shall pay all impoundment fees, daily boarding costs, medical expenses and other costs related to such impoundment prior to release of the animal. These fees shall be established by the board. Notwithstanding the foregoing, if the owner of an unaltered dog or cat agrees to have the animal spayed or neutered prior to release from the division, the owner shall pay the impoundment/redemption fee established by the board for sterilized animals. (d) The division shall have the authority of final approval for the adoption and release of any animal in its custody or responsibility. At its discretion, the division may refuse an adoption or the release of an animal if it is determined that the adoption or release is not in the best interest of the animal or the health, safety and general welfare of the public. Factors to be considered may include, but are not limited to the following: (1.) Property and /or lease restrictions. (2) Insufficient personal identification or address verification. (3) Previous or current reported animal offenses or citations. (4) Failure to fulfill requirements of previous animal adoptions. (5) Number of animals presently owned. (6) Conditions under which animals are to be housed. (7) Disposition /temperament of animal to be adopted. (8) Observations and determination of field investigator. (Ord. No. 98 -22, § 12, 6- 16 -98; Ord. No. 08 -004, pt. 4, 2 -5 -08) Sec. 4 -13. Adoption fees and sterilization requirements for dogs and cats. https: // library. municode. comlprint.aspx ?h= &clientID= 10323 &HTNMequest =ht... 11/19/2013 Municode Page 14 of 68 (a) The division shall be responsible for sterilizing every dog and/or cat prior to release for adoption except for those dogs and/or cats that are a surgical risk. (b) Adopted dogs and cats not initially sterilized must be sterilized by the division or a private veterinarian within thirty (30) days from the date of adoption. Upon the written request of a licensed veterinarian, and for a valid reason, the division shall extend the time limit within which the animal must be sterilized. (c) A fee for adoption shall be set by the board by resolution. No portion of the adoption fee. shall be refunded for sterilization performed by a private veterinarian. (d) Any transfer of ownership of an adopted animal shall not occur until such animal has been sterilized and proof of sterilization has been provided to the division. (Ord. No. 98 -22, § 13, 6- 16 -98) Sec. 4 -14. Records. The division shall keep records of the impoundment and disposition made of all animals under the control of the division and shall record the relevant dates, names and addresses of persons to whom any animals are released. (Ord. No. 98 -22, § 14, 6- 16 -98) Sec. 4 -16. Humane education. (a) It is hereby considered to be a valid public purpose to educate the population of the county concerning the law and the proper care and respect for animals. In accordance with this duty, the division shall make adequate provision for conducting appropriate educational programs. (b) The division shall prepare a pamphlet codifying local animal laws current in the county and shall make copies of this available upon request at no charge. (Ord. No. 98 -22, § 15, 6- 16 -98) Sec. 4 -16. Animal bites and quarantining. (a) A rabies control program, including the investigation of all reported animal bites, may be carried out through a mutual agreement with the health unit using the requirements of Florida Department of Health Rules and Regulation, Chapter 10 D -3, Florida Administrative Code; Laws of Florida, Chapter 69 -1432 and this chapter as a basis for enforcement and program implementation. (b) Any dog or cat without a current rabies vaccination and which has bitten a person or is suspected of rabies as defined in Florida Department of Health Rules and Regulation, Chapter 10 D -3, Florida Administrative Code, shall be quarantined for rabies observation. The owner of such dog or cat shall relinquish control of the dog or cat for the purpose of quarantine. The animal shall be quarantined at the owner's expense for a period of ten (10) days from the date of the bite at the division or at an approved holding facility of a local veterinarian. It shall be unlawful for any person to fail to surrender any such dog or cat for rabies quarantine. Additionally, it shall be unlawful for any person to fail to inform the division of any such animal's whereabouts if the owner has relinquished possession of said animal or caused said animal to be taken from the owner's premises. (c) Any dog or cat with a current rabies vaccination and which has bitten a person as defined in Florida Department of Health Rules and Regulation, Chapter 10 D -3, Florida Administrative Code, may be quarantined at home. The division and/or the county health unit shall have the https:// library. municode. com /print.aspx ?h= &clientlD= 10323 &HTMRequest =ht... 11/19/2013 Municode Page 15 of 68 authority to grant or deny permission for home quarantine privilege. If at any time during the quarantine period the division determines that the owner of the animal is not able to sufficiently confine the animal, the owner shall relinquish control of the animal to the division. The animal will be confined in the custody of the division or at an approved holding facility of a local veterinarian for the remainder of the quarantine period at the owner's expense. (d) Any animal other than a dog or cat which has bitten a person or is suspected of rabies shall be relinquished into the custody of the division by the owner pending a determination of final disposition by the county health unit. (e) If it is determined that a dog has bitten a person, the division shall have the authority to require the owner to visibly display a sign(s) at the owner's expense on the property at all entry points warning that there is a "bad" dog on the premises. The owner shall comply with the sign requirement within forty -eight (48) hours of notification by the division. (i It shall be unlawful for any dog to bite a human being while off the owner's property or in violation of section 4- 4(a)(1) hereinabove, unless the injury or damage is sustained by a person who, at the time, was unlawfully on the property or was tormenting, abusing or assaulting the dog, its owner or a family member. (g) It shall be unlawful for any person to feed or fail to take appropriate precautions to prevent unintentional feeding of animals which have been declared by the board to be a high risk species for rabies. (h) The following fees shall be imposed, in amounts set forth by resolution of the board, for carrying out the rabies control program: (1) Animal bite coordinator fee. Owners whose animals have been reported to have bitten any person, shall be charged a fee when the animal bite coordinator is able to obtain all necessary information by telephone, correspondence or records at the division, to determine the vaccination status and quarantine requirements for the animal. Such fee shall not be assessed in those instances where the owner and the victim are the same, or within the immediate family or living in the same household and the animal has a current rabies vaccination. (2) Field officer fee. Owners whose animals have been reported to have bitten any person, shall be charged a fee when the animal bite coordinator is not able to obtain all necessary information pursuant to section 4- 16(h)(1) herein and an animal control officer is dispatched to secure or obtain the required bite information. (3) Transportation fee. Owners whose animals have been reported to have bitten any person and who are required to have such animal quarantined at an approved quarantine facility, shall be charged a transportation fee when the owner has failed to transport said animal to a quarantine facility within twenty -four (24) hours after notification, requiring transportation by the division. (4) Quarantine release fee. At the end of each quarantine period for rabies observation, owners whose animals have been reported to have bitten any person are required to call the division to verify that said animal is alive and healthy to assure that it is free of rabies infection. A quarantine release fee shall be charged when the owner fails to call or the division is unsuccessful at reaching the owner by phone within forty -eight (48) hours following the expiration of the quarantine period, requiring an animal control officer to observe the animal. (i) An invoice reflecting fees imposed pursuant to this section shall be sent to the owner of the animal. Payment shall be made by the owner within thirty (30) days of receipt of said invoice. Failure to pay within such time shall constitute a violation of this chapter, punishable as provided in section 4 -30, Violations, civil infractions, civil penalties. https: / /Iibrary.municode.com/ print. aspx? h =& amp; clientID = 10323 &HTMRequest =ht... 11/19/2013 Municode Page 16 of 68 (Ord. No. 98 -22, § 16, 6- 16 -98) Sec. 4 -17. Placement and impoundment of honeybee hives. (a) Placement of honeybee hives shall be in accordance with local zoning regulations. (b) It shall be unlawful for any person to place or maintain honeybee hives within ten (10) feet of the boundary line of the lot on which said hives are located. (c) It shall be unlawful for any owner or keeper of honeybee hives to fail to provide, at all times, an adequate water supply within twenty (20) feet of any hive. (d) Every honeybee owner or keeper shall cause to be placed at every hive, apiary or yard location, an identification sign specifying the bee owner's name, address and telephone number. (e) It shall be unlawful for a beekeeper or owner to place his /her honeybee hives on the property of another without the property owner's consent. M The division may impound any beehives if either of the following exists: (1) When a beekeeper has placed his /her hives on the property of another without the property owner's consent; or (2) When the beehive's location or condition poses an imminent danger to the public's health, safety and general welfare. Any hives impounded pursuant to this section shall be held by the division for thirty (30) calendar days. The division shall send written notification to the owner's address as posted on the hive or colony. If no such address is posted, the division shall post a placard at the hive site stating that the hives have been impounded. The notice shall state that the hives will be sold at public auction if the hives are not claimed within thirty (30) calendar days. The owner may redeem the hives within thirty (30) calendar days by payment of the impoundment and redemption fees. These fees shall be established by the board by resolution. All hives impounded, if not claimed within thirty (30) calendar days, will be sold at public auction after notice of the auction is published in a newspaper of local circulation. (Ord. No. 98 -22, § 17, 6- 16 -98) Sec. 4 -18. Guard dogs. (a) Guard dog permit. (1) Any person seeking to operate a guard dog service or who owns a dog that such person is seeking to use for the purpose of defending, patrolling or protecting property or life at any nonresidential establishment in Palm Beach County shall obtain a guard dog permit. (2) A guard dog permit is valid for a period of twelve (12) months from the date of issuance and must be renewed annually. Renewal applications for permits shall be made at least thirty (30) days prior to expiration. (3) A guard dog permit is not transferable, assignable, or refundable. (4) The guard dog permit fee shall be established by the board by resolution. (b) Obtaining a guard dog permit. (1) A person seeking a guard dog permit shall apply to the division on a form approved by the division. (2) The permit application shall include but is not limited to the following information: a. https : / /library.municode. com /print. aspx ?h= &clientID =10323 &HTMRequest =ht... 11/19/2013 Municode Page 17 of 68 The name, address and telephone number of the applicant and a description of the location(s) at which guard dogs will be maintained; A statement as to whether the applicant or any officer or employee of the guard dog service has ever been convicted of an offense involving cruelty to animals or has had a final judgment entered against that person under Florida Statutes § 828.073 or any other statute prohibiting animal neglect or mistreatment; C. The breed, sex, age, color(s), guard dog license tag number, and electronic animal identification device (EAID) number of each dog that will be used as a guard dog; d• If applicable, a complete list containing the name, address, and telephone number of every customer procuring the use of a guard dog and the physical location of every guard dog (identified by license tag number), if different than the customer's address; e• The name, address and telephone number of the applicant's veterinarian (s); f. The name, address and telephone number(s) of the person(s) responsible for training and/or providing food, water, exercise and care to each guard dog; and 9• If applicable, proof of business tax receipt from the Palm Beach County tax collector. (3) The permit applicant shall complete an application, supply all information requested by the division, and pay the applicable permit fee established by the board by resolution. No application shall be deemed complete and reviewable until the permit fee is paid. (4) Permit applications shall be valid for thirty (30) days in order for applicants to make corrections to meet minimum compliance specifications. (c) Permit denial, revocation, and suspension. (1) By notice of adverse action, the division may deny, revoke or suspend any permit if it is determined by the division that: a• There has been a material misstatement or misrepresentation in the permit application or in any information or documents required to be maintained or provided to the division; b• The applicant/permit holder has been cited for at least two (2) violations of this chapter within a one -year period, each resulting in the imposition of a fine; C. The applicant/permit holder has failed to pay a fine or to request a hearing in county court to answer the charges of a citation within thirty (30) days of issuance of the citation; d• The applicant/permit holder, his /her employee, or an officer of the guard dog service has been convicted of a violation of law involving cruelty to animals or has had a final judgment entered against him /her pursuant to Florida Statutes § 828.073; or e. An animal under the care and responsibility of an applicant/permit holder has been found to be in need of immediate veterinary care that, if not treated, would result in suffering, pain or death. (2) No permit fee shall be refunded for a permit that is revoked or suspended. For a permit that is denied after review and inspection, the permit fee shall be refunded as provided by the board by resolution. (d) Appeal process. (1) https: / /library.municode.com/ print. aspx? h =& amp;clientID= 10323 &HTMRequest =ht... 11/19/2013 Municode Page 18 of 68 Any applicant or permit holder who has been denied a permit or whose permit has been revoked or suspended may appeal the adverse action to a special master by filing a written notice of appeal and appeal bond with the division within ten (10) days of issuance of the notice of adverse action. The board of county commissioners is hereby authorized to establish the amount of the appeal bond by resolution. The appeal bond shall be remitted to the division in the form of a money order, a certified check, a cashier's check, or a bank check payable to the county. (2) The appeal will be heard by a special master within thirty (30) calendar days after the applicant or permit holder has submitted a notice of appeal. The initial hearing on the appeal may be continued by the division, the special master, or the applicant or permit holder beyond the thirty (30) calendar days for good cause shown. (3) Unless otherwise provided herein, the hearing before the special master shall be governed as provided in section 4 -30, Animal care and control special master hearing. (4) The denial, revocation or suspension of the permit shall be upheld or reversed by the special master. (e) Requirements following notice of adverse action and /or appeal process. (1) If the notice of denial, revocation or suspension of a guard dog permit is not appealed within ten (10) days after the notice of adverse action is issued, the applicant or permit holder shall immediately cease and desist operation of a guard dog service or use of a guard dog for the purpose of defending, patrolling or protecting property or life at any nonresidential establishment in Palm Beach County. (2) Any person whose permit has been revoked may not reapply for a period of one (1) year. (3) Each reapplication for a permit shall be accompanied by a fee to be established by the board by resolution. (4) Any person with a guilty adjudication of animal cruelty within the past five (5) years may not hold a permit to operate a guard dog service in the county. M Registration of guard dogs. (1) Guard dog services and guard dog owners shall annually register each guard dog owned or used in Palm Beach County with the division. The registration shall include the following for each dog: a• Name, address and telephone number of the owner and /or manager; b• The breed, sex, weight, age and color(s) of the guard dog; C. A color photograph of the guard dog; d• Other distinguishing physical features of the guard dog; e• Certification of rabies vaccination; f• The guard dog license tag number; 9• The guard dog's electronic animal identification device number (EAID); Proof of ownership (i.e., bill of sale, receipt or notarized affidavit) including the name and address of the person from whom the dog was obtained; A notarized affidavit signed by the previous owner acknowledging that the dog will be used as a guard dog. This requirement may be waived if the dog has been previously registered to the guard dog owner for more than one (1) year in the county. A current certification from a veterinarian who is licensed in Florida stating that the guard dog has been examined and is healthy and physically fit to perform https:// library. municode. com /print.aspx ?h= &clientID= 10323 &HTMRequest =ht... 11/19/2013 Municode Page 19 of 68 service as a guard dog. The owner shall obtain the certification form from the division and shall provide it to the examining veterinarian for completion. (2) At least every six (6) months, each guard dog shall be examined by a veterinarian who is licensed in Florida to determine whether the dog is healthy and physically fit to perform service as a guard dog. The owner shall obtain the certification form from the division, shall provide it to the examining veterinarian for completion, and, upon completion, shall provide it to the division. (3) Newly acquired dogs shall be immediately vaccinated against rabies, tagged and registered with the division as a guard dog before being used as a guard dog. (4) The fee to register a guard dog with the division shall be established by the board by resolution. (5) A guard dog license tag shall be an annual requirement. The guard dog license tag is available only through the division. The fee for a guard dog license tag shall be established by the board by resolution. The guard dog tag shall be worn at all times or shall be fastened to each guard dog's enclosure when the guard dog is inside it. (6) No dog shall be used as a guard dog unless and until the dog has been registered with the division. (7) No dog shall be registered or used as a guard dog if a veterinarian deems that the dog is physically unfit to perform service as a guard dog. (8) No dog shall be used as a guard dog while it is pregnant or lactating. (9) If any dog is used as a guard dog prior to being registered, a double registration fee shall be imposed to register the guard dog. (10) Each guard dog must be implanted with an EAID used and approved by the division. (11) Maintenance of guard dog registration system; transfer, death, disappearance, and rabies inoculation as affecting registration system. The division shall maintain a guard dog registration system which shall contain all data required by the division. Immediately upon transfer of ownership, death or disappearance of a guard dog, the guard dog service or guard dog owner shall notify the division. Upon receipt of the information, the appropriate entry shall be made in the guard dog registration system. If the dog has disappeared, an entry should be made to reflect the location of such disappearance. (9) Inspection/records. (1) It shall be a condition of the issuance of any guard dog permit and guard dog registration that officers of the division shall at any reasonable time, unannounced, have the right to enter the premises and inspect: a• All dogs and all premises where such dogs are trained, in use, or kept. b• All records for each guard dog including but not limited to vaccination, veterinary, and medical treatment records. C. All records concerning the training, sale, or use of a guard dog. (2) Refusal to allow inspection of a guard dog, premises, or records shall be a violation of this chapter. (3) Guard dog services shall require any customer that procures the use of a guard dog to sign an agreement authorizing officers of the division to perform unannounced inspections of any guard dog and premises where the guard dog is being used as a guard dog. (4) Guard dog services shall maintain records identifying the name, address, and telephone number of each customer procuring the use of a guard dog and the https: // library. municode. com /print.aspx ?h= &clientID= 10323 &HTMRequest =ht... 11/19/2013 Municode Page 20 of 68 physical location of each guard dog (with registration number), if different than the customer's address. (5) On a bi- weekly basis, guard dog services shall provide the division with complete records identifying the name, address, and telephone number of every customer procuring the use of a guard dog and the physical location of every guard dog (with license tag number). (6) Guard dog services and guard dog owners shall immediately notify the division in writing when a guard dog is temporarily or permanently removed from service due to sickness, injury, a medical condition, or death. (7) Guard dog services and guard dog owners shall maintain records of the acquisition, transfer of ownership, death, or disappearance of a guard dog. (8) The records required to be maintained herein shall be maintained for a period of at least two (2) years from the date of creation and shall be provided to the division upon request unless otherwise provided herein. (h) Transportation of guard dog. (1) Every vehicle transporting a guard dog must be clearly marked, showing that it is transporting a guard dog. A compartment separate from the driver is required and shall be arranged to ensure maximum ventilation for the dog. (2) No guard dog shall be transported in the trunk of a car. No guard dog shall be transported in the open bed of a truck unless the guard dog is inside a sturdy well ventilated crate that is large enough for the dog to comfortably stand up and lie down and is securely fastened within the bed of the truck to prevent movement of the crate. (3) No guard dog shall be transported in violation of section 4- 24(h), Animal care; manner of keeping. (i) General requirements for guard dogs. (1) Guard dog enclosures shall be a minimum of one hundred (100) square feet if one (1) dog is present and one hundred fifty (150) square feet if two (2) dogs are present. No more than two (2) dogs shall be maintained in an enclosure. (2) Only compatible dogs may be kept in the same enclosure. (3) Unaltered dogs of the opposite sex shall not be maintained in the same enclosure unless the guard dog service or guard dog owner has an appropriate breeding permit issued by the division. (4) The guard dog enclosure shall be made of chain link or similar material with a solid roof over the entire enclosure. The enclosure shall contain a shelter inside the enclosure large enough to allow all dogs present to comfortably stand up, turn around and lie down in the shelter simultaneously. The shelter within the enclosure shall provide protection from the direct rays of the sun and direct effect of the wind and rain, a wind and rain break and ventilation. The shelter shall be raised off the ground at least six (6) inches, have a solid roof, have flooring made of a nonporous easily cleanable surface, have at least three (3) covered sides and an opening large enough for each guard dog to access the shelter, have adequate ventilation with windows or openings to allow air to circulate, and have fans or an air conditioning unit as required by this chapter. Enclosures or shelters that are covered on all sides in a manner that prevents ventilation are prohibited. (5) The shelter shall have clean, dry bedding or a reasonably soft comfortable surface for each dog to lie down on to prevent a dog from getting calluses or pressure sores. (6) https://Iibrary.municode.com/print.aspx?h=&clientlD=l 0323&HTMRequest=ht... 11/19/2013 Municode Page 21 of 68 When the outdoor temperature rises above eighty -five (85) degrees Fahrenheit guard dogs must be provided air conditioning or, at minimum, one (1) twenty -inch electric fan directed into enclosure and one (1) twenty -inch electric fan directed into the shelter. When the temperatures fall below forty (40) degrees Fahrenheit, guard dogs must be moved indoors or provided adequate heating in their enclosure and shelter to maintain temperatures above forty (40) degrees Fahrenheit. (7) Guard dog enclosures and the area immediately surrounding the enclosures shall be cleaned at least once a day to remove any excrement and to sanitize all surfaces coming into contact with a guard dog. All excrement and waste shall be removed from the property. (8) Guard dogs shall have access to clean fresh water at all times. Each guard dog enclosure shall be checked three (3) times a day to ensure that clean fresh water is available. (9) Each guard dog shall be examined daily for signs of illness or injury. Any guard dog that is sick, injured, lame, or diseased shall be immediately examined by a licensed veterinarian and removed from use as a guard dog until deemed healthy by the veterinarian. If, during an inspection, the division determines that a guard dog on commercial premises is sick, injured, lame, or diseased, the dog shall be immediately impounded by the division and may be redeemed in accordance with section 4 -12, Redemption and adoption, unless a petition is filed under Florida Statutes § 828.073. (10) Guard dogs maintained in an enclosure shall have at least one -half ('/) hour of exercise within each twelve (12) hours of confinement. Guard dog services and guard dog owners shall maintain a daily record identifying each guard dog by license tag number and providing the date, time, location, and name of the person who exercised the guard dog. 01) Guard dogs must be given a humane existence, and shall at all times be maintained in accordance with section 4 -24, Animal care; manner of keeping, unless otherwise specified in this section. (12) Any person who uses the service of a guard dog shall be responsible to assure that the guard dog is provided a humane existence in accordance with section 4 -24, Animal care; manner of keeping, unless otherwise specified in this section, and shall immediately contact the division to report any guard dog that is sick, diseased, lame or injured. (13) Any guard dog on commercial premises that is not registered as a guard dog shall be impounded by the division and may be redeemed in accordance with section 4 -12, Redemption and adoption. (14) Each person or business that rents or uses a guard dog to patrol the premises after that business's operating hours shall provide adequate fencing or some other confining structure to keep the guard dog within the premises. (15) Each person or business that rents or uses a guard dog on commercial premises shall at each entry point and at fifty -foot intervals along the property's fence perimeter, post a readily visible sign including the words "Guard Dog." (16) Entry points of commercial premises that use a guard dog shall have a sign posted with the telephone number of the guard dog's trainer, handier and /or owner in case of an emergency. (17) Each person or business that rents or uses a guard dog on commercial premises shall at each entry point and on the guard dog enclosure post a readily visible sign that https:// library. municode. com /print.aspx ?h= &clientID= 10323 &HTMRequest =ht... 11/19/2013 Municode Page 22 of 68 notifies members of the public to report guard dog complaints to the division. Such signs will be available through the division for a fee set by the board by resolution. (18) No dog that has been classified as "dangerous" by the division shall be used as a guard dog. (Ord. No. 98 -22, § 18, 6- 16 -98; Ord. No. 2011 -005, § 3, 3- 15 -11) Sec. 4 -19. Evictions, jail terms, community service adjudications, and other involuntary occurrences; effect on animals. In cases of evictions, jail terms over five (5) calendar days, death, adjudications of hardship or the like from the Florida Department of Children and Families or other such community service agencies, and /or other involuntary occurrences whereby the owner of the property subject to eviction proceedings, the person to be jailed or the subject of adjudication, owns any animal and such animal is referred to the division by the sheriffs office or other official agency. The division shall have the authority to place for adoption such animals or dispose of such animals in a humane manner, when the following conditions are met: (1) Prior to the division's taking any action as described herein, written notice of the division's intent will be provided to the owner of the animal. (2) The owner of the animal shall have fifteen (15) calendar days from the date of the division's notice to make proper arrangements for the care of the animal, be it by personal claim or otherwise. If the division does not receive notification of the owner's intent within the aforementioned time period, the division shall have the authority to carry out the actions as described herein. (Ord. No. 98 -22, § 19, 6- 16 -98) Sec. 4 -20. disposal of bodies of dead animals. (a) Any owner of any animal, upon the death of such animal, shall immediately dispose of the carcass by burning, burying at least two (2) feet below the surface of the ground or other authorized method of disposal; however, nothing in this section shall prohibit the disposal of such animal carcass to companies licensed to do business in this county. (b) It is unlawful to dispose of the carcass of any animal by dumping such carcass on any public or private property. (c) Any owner of any animal shall be responsible for the costs of disposing of the animal in instances where the division disposes of the animal due to any emergency or the owner's failure to act. The costs of disposal shall be established by the board by resolution. (Ord. No. 98 -22, § 20, 6- 16 -98) Sec. 4 -21. Livestock. (a) Livestock fences. Every owner of livestock shall erect and /or maintain a fence to contain and confine all livestock kept or maintained on his /her premises. Such fence shall be sufficiently strong and substantial so as to prevent egress of livestock. Failure to so erect and /or maintain the fence in reasonably good condition shall be deemed a violation of this chapter. The owner of livestock shall, within twenty -four (24) hours of initial warning from the division, repair or erect a fence and /or make arrangements for the placement of livestock so as to have the livestock confined. If the fence is not repaired or erected, or arrangements have not https:H library. municode. com /print.aspx ?h= &clientID= 10323 &HTMRequest =ht... 11/19/2013 Municode Page 23 of 68 been made for the placement of livestock within the twenty- four -hour period, the owner may receive a civil citation. (b) Livestock at large. Any owner of livestock who unlawfully, intentionally, knowingly or negligently permits the same to run at large or stray upon any street, roadway, right -of -way, other public area or the private property of another without consent shall be deemed to be in violation of this chapter. (c) Authority to impound livestock running at large or strays. It shall be the duty of the sheriff or his deputies, or any other law enforcement officer of the county and/or the division to pick up, confine, hold and impound any livestock found to be running at large or straying, to be disposed of as hereinafter provided. (d) Disposition of impounded livestock. (1) Upon impounding of any livestock by the division, the division shall forthwith serve written notice upon the owner, advising such owner of the location or place where the livestock is being held and impounded, of the amount due by reason of such impounding and that unless such livestock be redeemed within three (3) days from the date thereof that the same shall be offered for sale. (2) In the event the owner of such livestock is unknown or cannot be found, service upon the owner shall be obtained by once publishing a notice in a newspaper of general circulation where the livestock is impounded (holidays excluded). Such notice shall be in substantially the following form: "To Whom it May Concern: You are hereby notified that the following described livestock (giving full and accurate description of same, including marks and brands) is now impounded at (giving location where livestock is impounded) and the amount due by reason of such impounding is dollars. The above - described livestock will, unless redeemed within three (3) days from date hereof, be offered for sale at public auction to the highest and best qualified bidder for cash. (DATE) of Palm Beach County, Florida." (3) Unless the impounded livestock is redeemed within three (3) days from date of notice, the division shall forthwith give notice of sale thereof which shall be held not less than five (5) days nor more than ten (10) days (excluding Sundays and holidays) and by posting a copy of such notice at the main courthouse. Such notices of sale shall be in substantially the following form: "(Name of owner, if known, otherwise, To Whom it May Concern) You are hereby notified that the Animal Care and Control Division will offer for sale and sell at public sale to the highest and best qualified bidder for cash the following described livestock (giving full and accurate description of each head of livestock) at o'clock M. (the hour of sale to be between 11:00 A.M. and 2:00 P.M., Eastern Time) on the day of at the following place (which place shall be where the livestock is impounded or at the place provided by the Board for the taking up and keeping of such livestock) to satisfy a claim in the sum of for fees, expenses for feeding and care and costs hereof. (DATE) of Palm Beach County, Florida." (e) https: // library. municode .com / print. aspx? h =& amp; clientID = 10323 &HTMRequest =ht... 11/19/2013 Municode Page 24 of 68 Livestock at large, fees. The fees allowed for impounding, serving notice, care and feeding, advertising, personnel time and disposing of impounded animals shall be determined by resolution of the board. The owner of livestock is responsible for all costs incurred and payment of said costs must be made prior to the release of the impounded livestock. M Bidder requirements. Bidders are required to pre- register and pre - qualify with the division. The division has the authority of final approval for the auction and release of any animals in its custody. (9) Failure to secure purchaser or insufficient funds to defray certain costs. If there be no qualified bidder for such livestock at the sale aforesaid, the division shall either offer the livestock for adoption, or kill, or cause to be killed, the same and shall dispose of the carcass thereof. If there be any money received by the division on account of the disposal, the same shall be disbursed in the manner hereinafter provided; and, if there be no ready sale for the animal, the division shall forthwith offer the animal for adoption, or its carcass, to a public institution of the county, state or municipality or to a private charitable institution. (h) Obligation of owner. The owner of any impounded livestock shall have the right at any time before sale thereof to redeem the same by paying to the division all impounding expenses, including fees, keeping charges, advertising, personnel time and other costs incurred therewith. The owner shall not circumvent these requirements by obtaining the animal through the auction process either directly or indirectly. The owner shall be responsible for paying the difference in cost (should there be any) between the amount that is received for the animal at the auction and that actual amount due to the county. In the event there is a dispute as to the amount of such costs and expenses, the owner may give bond with sufficient sureties to be approved by the division, in an amount to be determined by the division, but not exceeding the fair cash value of such livestock, conditioned to pay such costs and damages; thereafter, within ten (10) days, the owner shall institute suit in equity to have the damage adjudicated by a court of equity or referred to a jury if requested by either party to suit. (i) Equine infectious anemia/Coggins. (1) All horses moving within the county must have a report of a negative Coggins (EIA) test conducted within the previous twelve (12) months. A foal under six (6) months of age, is exempted from test requirements when accompanied by its dam which has a report of a negative Coggins test conducted within the past twelve (12) months. (2) All horses other than those sold for slaughter, must have a report of a negative Coggins test conducted within the previous twelve (12) months for change of ownership. The negative Coggins test report must be provided to the new owner or custodian at the time of change of location or ownership. (Ord. No. 98 -22, § 21, 6- 16 -98) Sec. 4 -22. Number of animals; acreage restrictions /excess animal habitats. (a) The chart set forth below prescribes the number of dogs and /or cats per specified acreage restrictions: If You Have: ess Than 1.5 Acres 1.5 to Less Than 2.5 Acres 2.5 or More Acres 1 -10 dos and /or cats Mowed Allowed Allowed 11 -20 dos and /or cats rohibited Allowed 1 -30 dos and /or cats Prohibited -Allowed Prohibited Allowed https:// library. municode. com /print.aspx ?h= &clientlD= 10323 &HTMRequest =ht... 11/19/2013 Municode Page 25 of 68 Acreage determination excludes easements for roads or other areas that must allow public egress and ingress. All property must be contiguous. (b) References to dogs and cats only refer to dogs and cats older than eight (8) months. There are no restrictions on the number of dogs and cats younger than eight (8) months old that can be on the premises. (c) If it is determined that a person is in violation of this section, such person shall be allowed thirty (30) days from the notice of violation to cure same. (d) Any person who wishes to exceed the maximum number of thirty (30) dogs and /or cats on two and one -half (2.5) acres or more must apply to the division for a special "excess animal habitat" permit. The owner must comply with all animal care standards as required in section 4 -23 of this chapter. (Ord. No. 98 -22, § 22, 6- 16 -98) Sec. 4 -23. Kennel, excess animal habitat, commercial breeder, pet dealer, pet shop, grooming parlor, and commercial stable permits. (a) Applicability of this chapter and other laws. (1) In addition to this chapter, all licensees must comply with: Florida Statutes, Ch. 588, "Livestock at Large "; Florida Statutes, Ch. 585, "Animal Industry"; Florida Statutes, Ch. 828, "Cruelty to Animals'; Florida Department of Health and Rules and Regulations Chapter 64D -3 Florida Administrative Code, Control of Communicable Diseases and Conditions Which May Significantly Affect Public Health'; Unified Land Development Code of Palm Beach County as adopted by Ordinance 92 -20, as amended; Palm Beach County Ordinance No. 72 -7, as amended, 'Business Taxes "; and any and all other applicable rules and regulations, policies and laws. (2) This section shall not be interpreted to require a permit from a veterinary clinic/hospital establishment working under the direct authority and control of a veterinary clinic/hospital, humane society, government animal control shelter, hobby breeder or private stable. All other animal establishments as defined in this chapter are required to secure a permit. (b) Permit procedures and requirements. (1) No person shall operate, solicit business, or advertise an animal establishment without first obtaining an operational permit (hereinafter, "permit ") issued by the division. (2) Permit applications shall be valid for thirty (30) days in order for applicants to make corrections to meet minimum compliance specifications. A permit shall be issued only after the division completes an inspection and determines that the minimum requirements and standards, as set forth herein have been met. After approval, a permit shall be issued upon payment of the applicable fee. The permit shall be prominently displayed on the premises where animals are located. The cost of a permit and other related fees shall be established by the board by resolution. (3) The permit is valid for a period of one (1) year from the date of issue, unless otherwise stated or revoked. The permit shall be renewed annually. Said permit is not transferable, assignable or refundable. Renewal applications for permits shall be made at least thirty (30) days prior to the expiration date. The board shall be https: // library. municode. com / print. aspx? h =& amp; clientID = 10323 &HTMRequest =ht... 11/19/2013 Municode Page 26 of 68 resolution establish late fees for untimely permit renewal applications. Failure to timely apply for a permit renewal may result in a lapse in the permit. (4) A new animal establishment shall use its initial permit issue date as the anniversary date for the purposes of permit expiration and renewal. (5) Each separate place of business or property shall be required to have a permit. Each individual mobile grooming unit shall be subject to inspection and shall be required to have a separate permit. (6) If there is a change in ownership of any animal establishment, the new owner shall obtain a permit. (7) It shall be a condition of the issuance of any permit that the division shall be allowed, at any reasonable time, to inspect without notice, all domestic animals, all premises where animals are kept, all records pertaining to such animals, and all records pertaining to the business. (8) No permit shall be renewed hereunder if an applicant has outstanding and unsatisfied civil penalties imposed due to violations of this chapter. (9) No permit shall be issued or renewed without proof of a current business tax receipt issued by the county tax collector in accordance with Palm Beach County Ordinance No. 72 -7, as amended. (10) An animal control officer may conduct an investigation of any complaint concerning any animal establishment within the county. (11) If an inspection of an animal establishment reveals noncompliance with this chapter, an animal control officer may issue a citation, setting forth the name of the establishment being cited, to owners or managers of an animal establishment. Said citation shall be issued in the name of the animal establishment's owner and also state the name of the person signing for the owner of the animal establishment. (12) By notice of adverse action, the division may deny, revoke or suspend any permit if it is determined that: a• There has been a material misstatement or misrepresentation in the permit application; b• The permit holder has been cited for at least two (2) violations within a one - year period, each resulting in the imposition of a fine; C. The permit holder has failed to pay a fine or to request a hearing in county court to answer the charges of a citation within thirty (30) days of issuance of the violation; d• The permit holder or any of his agents have been convicted of a violation of law involving cruelty to animals; e• An animal under the care and responsibility of a permit holder has been found to be in need of immediate veterinary care that, if not treated, would result in suffering, pain or death; or f• The permit holder and /or their employees /agents, refuses to allow the inspection of the premises. (13) No permit fee shall be refunded for a permit that is revoked or suspended. For a permit that is denied after review and inspection, the permit fee shall be refunded as provided by the board by resolution. (c) Reserved. (d) Appeal process. (1) https: / /Iibrary.municode.com/ print. aspx? h =& amp; clientID = 10323 &HTMRequest =ht... 11/19/2013 Municode Page 27 of 68 Any person who has been denied a permit or whose permit has been revoked or suspended may appeal this action to a special master within the ten -day period after the division originates the adverse action. A written notice of appeal and appeal bond must be filed with the division within ten (10) days of the notice of adverse action. The board of county commissioners is hereby authorized to establish the amount of the appeal bond by resolution. The appeal bond shall be remitted to the division in the form of a money order, a certified check, a cashier's check, or a bank check payable to the county. (2) The appeal must be heard by a special master within thirty (30) calendar days after the owner has submitted a notice of appeal. The appeal may be delayed by the division, the special master, or the permit applicant or permit holder beyond the thirty (30) calendar days for good cause shown. (3) The person receiving the notice of adverse action shall, until final disposition of the appeal, take whatever positive measures are necessary to prevent any future violations of this chapter from occurring. (4) Unless otherwise provided herein, the hearing before the special master shall be governed as provided in section 4 -30, Animal care and control special master hearing. (5) The denial, revocation or suspension of the permit shall be upheld or revoked by the special master. (e) Owner requirements following notice of adverse action and /or appeal process. (1) If the notice of adverse action of denial, revocation or suspension of a permit issued under this section is not appealed, the animal establishment shall be required to humanely dispose, by means of returning to owner, sale, gift, euthanasia performed by a licensed veterinarian or other humane method, all animals in its possession that it is not otherwise entitled to possess under this chapter, within fifteen (15) days after the deadline to appeal has passed. If the notice of adverse action of denial, revocation, or suspension of a permit issued under this section is upheld on appeal, the animal establishment shall be required to humanely dispose, by means of returning to owner, sale, gift, euthanasia performed by a licensed veterinarian or other humane method, all animals in its possession that it is not otherwise entitled to possess under this chapter, within fifteen (15) days after the appeal hearing unless otherwise ordered by the special master. The permit applicant or permit holder shall provide the division with written notification of the disposition and location of each animal, including the name, address, and telephone number of each new owner. If the animals have not been humanely disposed of as described above, the division shall attempt to notify owner(s), if applicable, and may impound any animals found to be housed or kept in violation of this chapter. Such animals may be redeemed in accordance with section 4 -12, Redemption and adoption. (2) Any person whose permit has been revoked may not reapply for a period of one (1) year. Each reapplication shall be accompanied by a fee to be established by the board by resolution. (3) Any person with a guilty adjudication of animal cruelty within the past five (5) years may not hold a permit to operate an animal establishment in the county. (fl Inspection procedures. (1) An inspection form shall be used as a guideline for the inspecting officer and the animal establishment. (2) Inspections of animal establishments shall be made without notice, during normal business hours or at any reasonable time during daylight hours. All inspections shall https:// library. municode. com /print.aspx ?h= &clientID= 10323 &HTMRequest =ht... 11/19/2013 Municode Page 28 of 68 be made in the presence of the owner, manager or person in charge of the establishment whenever possible. (3) The inspecting officer will complete the inspection form by marking unsatisfactory items. Instructions and comments will be made at the bottom of the inspection form. (4) Whenever deficiencies are noted or the division receives a complaint from the public, a follow -up inspection of the establishment may be initiated by the division. (5) After the inspection is complete, the owner, manager or person in charge of the animal establishment shall sign the inspection form whereupon a copy of the completed form will be given to the owner or manager. If the owner or manager is not present, a copy of the form will be mailed to the owner or manager and the original copy will be kept by the division. (6) The owner or manager of the animal establishment shall correct or initiate corrections within seven (7) days, unless otherwise stated by the inspecting officer. (9) Minimum general operational standards. (1) Each animal establishment will prominently display a current, valid county animal care and control operational permit. (2) Each animal establishment which accepts privately owned animals into its custody, shall report to the division, any obvious case of neglect or animal abuse pursuant to this chapter or Florida Statutes Ch. 828, "Cruelty to Animals." The division's phone number shall be posted in a prominent location visible to both employees and customers. (3) Each animal establishment shall meet all fire safety requirements in accordance with the local fire and zoning regulations. A posted plan and diagram to evacuate all animals in case of fire shall be provided in a prominent location. (4) Each animal establishment shall have a working telephone available at all times in case of an emergency. The name of the establishment's veterinarian and the veterinarian's phone number shall be posted and made available to all employees and customers. (5) Every owner or manager of an animal establishment must provide for adequate rodent and insect control. (6) Each animal establishment shall have sufficient lighting to permit routine inspection and cleaning of the facility, and clear observation of the animals. Animal areas must be lighted for at least eight (8) hours a day, by either natural or artificial light, corresponding to the natural period of daylight. If only artificial light, such as fluorescent light is provided, it must provide full - spectrum illumination. Animal enclosures must be placed so as to protect animals from excessive light. (7) All areas of each animal establishment shall be clean, orderly and free of garbage, unused food, standing water, litter or refuse. Garbage shall be kept in garbage cans with lids and disposed of daily. (Commercial stables refer to requirements in subsection (k)). (8) Animal excrement shall be removed by spot cleaning regularly throughout the work day. (Commercial stables refer to requirements in subsection (k)). (9) All cleaning solutions and disinfectants shall be stored and used in accordance with the manufacturer's instructions, properly labeled as to content, and shall be stored so as to not come into any contact with animals. (10) All equipment, buildings, appurtenances, plumbing, electrical wiring and electrical appliances /equipment shall be in good repair and appropriate for intended use. https: / /Iibrary.municode.com/ print. aspx? h =& amp; clientlD = 10323 &HTMRequest =ht... 11/19/2013 Municode Page 29 of 68 (11) Wherever animals are housed or cared for, floors, moldings, walls, shelves and work areas shall be of a nonporous material impervious to fecal matter and urine that can be easily swept, wiped, mopped and disinfected daily. Carpeting as a flooring or wall covering shall not be used wherever animals are housed or maintained. Notwithstanding the foregoing, the division may in writing approve the use of alternative materials when the animal establishment provides a written plan for keeping all surfaces in the animal enclosure clean and properly disinfected and demonstrates compliance with such plan. (Stables refer to requirements in subsection (k))• (12) All aisles shall be kept clear to provide safe, free access throughout the animal establishment. (13) Animal establishments which fail to obtain licensed veterinary care or show proof of same, for any sick or injured animal found in the animal establishment's custody may be charged for violating section 4 -24, Animal care; manner of keeping, of this chapter or Florida Statutes Ch. 828, "Cruelty to Animals." Proof of adequate, timely, veterinary care must be provided to the inspecting officer upon request. (14) Bodies of dead animals must be disposed of according to this chapter and any and all other applicable county and state regulations, policies and laws. (15) All animals in an animal establishment must be given a humane existence, and shall at all times be maintained in accordance with section 4 -24, Animal care; manner of keeping. (16) A commercial breeder's permit number shall be included in all advertisements offering a dog or cat for sale. (h) Minimum operational standards for kennels, commercial breeders, pet dealers and excess animal habitats (EAH). (1) Record keeping — Kennels, commercial breeders and excess animal habitats. a• Kennels, commercial breeders and excess animal habitats shall keep records on all animals currently bred, born, boarded, housed and /or being trained. These records shall be maintained on each animal individually. b• The information in these records shall include but not be limited to rabies vaccination, all other inoculations and prescription or medical treatment administered. In addition, kennels shall be required to obtain the owner's name, address, emergency telephone number, proof of owner's identification, and name and telephone number of owner's veterinarian. Excess animal habitats shall also include records indicating where the animal was obtained. The above information shall be available to the inspecting officer upon request. C. A medical release must be obtained from the owner or his designee, for each animal and shall become part of the animal's record so that emergency treatment can be given if the animal shows signs of illness or is injured while in the care and custody of the kennel. d• Commercial breeders shall comply with section 4 -25, Dogs and cats offered for sale; health requirements, and shall maintain a separate file for each dog and cat containing all Official Certificate of Veterinary Inspection's (OCVI) and medical records for each individual dog and cat. Such records shall be kept on file at all times on the premises and available to the inspecting officer upon request. Such records shall be maintained for a period of two (2) years after an animal is sold or otherwise disposed of. e. https: // library. municode.com /print.aspx ?h= &clientID= 10323 &HTMRequest =ht... 11/19/2013 Municode Page 30 of 68 All dogs housed at a kennel for training purposes shall have a training contract. The training contract shall state that the dog is housed specifically for training. The dog shall be housed in an enclosure appropriate for its breed and size to stand or sit erect, lie down in a comfortable normal position, stretch out and turn about freely. The contract shall include notice that the dog will be interacting with other pets in training classes. The contract shall be signed by the dog's owner. f• Commercial breeders shall maintain records of each litter of puppies and kittens born. Such records shall include the date of birth, number of puppies or kittens in the litter, and license tag number of the parents. 9• On a quarterly basis, commercial breeders shall provide the division with the name, address, and telephone number of the new owner of any puppy or kitten placed in the county. (2) Animal housing requirements — Kennels and excess animal habitats. a• For kennels, dogs must be separated by a wall at least four (4) feet high or one (1) foot higher than the top of each dog's head (excluding the ears), when the dog is standing on all four (4) feet. b• Animals shall be confined and not allowed to run at large on the premises, except when housed for training and a training contract has been signed by the owner as stated in subsection (h)(1)e. of this section. C. Animals housed in kennels shall be separated in individual cages in the following manner: 1 • Dogs from cats. 2. Unsterilized males from females. 3. Nursing mothers with their young from all others. 4. Boarding dogs from registered guard dogs. By special request of the owner, as noted in the record, animals from the same household may be boarded together and may be allowed to interact with other animals during supervised play periods. d• Animals having a known or suspected communicable animal -to -human or animal -to- animal disease shall be maintained in individual cages in an isolated location where they cannot directly or indirectly come into contact with any other animals or the public. e• Applicable county and state health regulations must be followed when caring for any animal harboring an animal -to -human disease. f• Dogs kenneled for a period longer than three (3) months shall be afforded protective measures. Kennel operators shall notify the division regarding all dogs maintained at their kennel for longer than three (3) months and shall comply with the following requirements: 1 Arrange for a professional behaviorist or trainer to visit once every three (3) months for the purpose of evaluation, therapeutic or obedience training. 2. A veterinarian examination prior to the fourth month of confinement, and every ninety (90) days thereafter. Dogs not maintained on a heartworm preventative program shall be given an occult heartworm test and started on preventative or treated for same. 3. https://Iibrary.municode.com/print.aspx?h=&clientlD=l 0323 &HTMRequest =ht... 11/19/2013 Municode Page 31 of 68 Each week a minimum of fifty (50) minutes for play, interaction, grooming and /or training. This may be done by volunteers, however, dogs with medical conditions prohibiting play or training sessions shall be excluded from this requirement upon written certification of the medical condition by a licensed veterinarian. 4. Records shall be kept at the kennel evidencing compliance with the above. (3) Physical facility requirements — Kennels, commercial breeders, pet dealers and excess animal habitats. a• Floors and walls of all animal enclosures shall be made of nonporous material impervious to fecal matter and urine that can be easily disinfected. The floors shall slope toward the drains or troughs. Notwithstanding the foregoing, the division may in writing approve the use of alternative materials when the animal establishment provides a written plan for keeping all surfaces in the animal enclosure clean and properly disinfected and demonstrates compliance with such plan. b• The premise shall have drainage and plumbing adequate to handle the heavy load of daily cleaning. C. Indoor /outdoor housing facilities. Indoor and outdoor housing facilities shall be maintained in accordance with section 4 -24, Animal care; manner of keeping. d. Animal enclosures. General requirements. A. Animal enclosures must be designed and constructed of suitable materials so they are structurally sound. The animal enclosures must be kept in good repair. B. Animal enclosures must be constructed and maintained so they: L Have no sharp points or edges which could injure the dogs and cats; ii. Protect the dogs and cats from injury; iii. Keep predators and unauthorized individuals from accessing the enclosure; iv. Enable the dogs and cats to remain dry and clean; V. Provide shelter and protection from extreme temperatures and weather conditions that may be uncomfortable or hazardous to the dogs and cats; vi. Are shaded to shelter all the dogs and cats housed in the animal enclosure; vii. Provide the dogs and cats with easy and convenient access to clean food and water; viii. Enable all surfaces in contract with the dogs and cats to be readily cleaned and disinfected; and ix. Have floors which are constructed in a manner that protects the dogs' and cats' appendages from injury and that will not allow the dogs' and cats' appendages to pass through any openings in the floor. C. https:// library. municode. com /print.aspx ?h= &clientlD= 10323 &HTMRequest =ht... 11/19/2013 Municode Page 32 of 68 Airline type containers normally used for shipping and transporting animals shall not be used to permanently house animals. D. Space requirements for dogs: Indoor /outdoor enclosures for extra large dogs over seventy -five (75) pounds shall be at least thirty-two (32) square feet, per dog. ii. Indoor /outdoor dog enclosures for large dogs fifty -one (51) pounds to seventy -five (75) pounds shall be at least twenty -four (24) square feet, per dog. iii. Indoor /outdoor dog enclosures for medium dogs thirty -six (36) to fifty (50) pounds shall be at least twenty (20) square feet, per dog. iv. Indoor /outdoor dog enclosures for small dogs twenty-one (2 1) to thirty -five (35) pounds shall be at least twelve (12) square feet, per dog. V. Indoor /outdoor dog enclosures for dogs eleven (11) to twenty (20) pounds shall be at least eight (8) square feet, per dog. vi. Indoor /outdoor dog enclosures for dogs ten (10) pounds and under shall be at least six (6) square feet, per dog. vii. The interior height of an indoor /outdoor dog enclosure must be at least one (1) foot higher than the highest point of the body (normally the ears) of the dog in the enclosure when it is in a normal standing position. E. Space requirements for cats. Each cat that is housed in any animal enclosure must be provided minimum space as follows: (a) Each animal enclosure housing cats or kittens must be at least twenty -four (24) inches high; (b) Adult cats and kittens over four (4) months old must be provided with at least four (4) square feet, per cat; and ii. Compatibility. (a) All cats housed in the same animal enclosure must be compatible and have the same owner. (b) Queens in heat may not be housed in the same animal enclosure with any mature males unless an appropriate breeding permit has been obtained. (c) Queens with litters may not be housed in the same animal enclosure with other adult cats. (d) Kittens under four (4) months of age may not be housed in the same animal enclosure with adult cats. (e) Cats with a vicious or aggressive disposition must be housed separately. Cat litter. https: / /Iibrary.municode.com/ print. aspx? h =& amp; clientlD = 10323 &HTMRequest =ht... 11/19/2013 Municode Page 33 of 68 (a) In all animal enclosures, a receptacle containing sufficient clean litter must be provided to contain excreta and body wastes. (b) Litter pans shall be cleaned and changed daily or more often when necessary. iv. Resting surfaces (perches). (a) Each animal enclosure housing cats shall contain a solid resting surface or surfaces that, in the aggregate, are large enough to hold all the occupants of the animal enclosure at the same time comfortably. (b) The resting surfaces must be elevated, impervious to moisture and able to be easily disinfected, or easily replaced when soiled or worn. (c) The resting surfaces shall not be considered part of the minimum floor space. (4) Food and water requirements: Dogs and cats— Kennels, commercial breeders, pet dealers and excess animal habitats. a• Food shall be stored in rodent, pest and moisture proof containers with lids. Containers shall be clearly and properly labeled as to contents. b. Fresh water shall be available to all animals at all times and shall be maintained in a container in such a manner that animals cannot turn the container over. C. Food and water shall be fresh, appropriate and free from contamination. (b) Cleaning procedures for (animal enclosures)— Kennels, commercial breeders, pet dealers and excess animal habitats. a. All animal enclosures including floors, walls and doors shall be cleaned, disinfected and dried daily. b. Dogs and cats shall not be directly exposed to water or disinfectant and shall be removed from animal enclosures during cleaning procedures. C. Drains and walkways adjacent to all animal enclosures shall be hosed and disinfected daily. d• All animal enclosures shall be spot cleaned as necessary to remove animal excrement throughout the day. e• Food dishes and water bowls shall be cleaned and disinfected daily. f• Appropriate cleaning methods shall be used to ensure that fumes from excreta and urine do not adversely affect the lungs of animals or humans. (i) Minimum operational standards for pet shops and pet dealers. (1) General requirements for pet shops and pet dealers. For the purpose of this section, the word dog means a dog of any age and the word cat means a cat of any age. a• For each dog and cat transported into the county from outside of the State of Florida for sale, the tests, vaccines, and anthelmintics required by this chapter must be administered by or under the direction of a veterinarian, licensed by the state of origin and accredited by the United States Department of Agriculture, who issues the Official Certificate of Veterinary Inspection (OCVI). The tests, vaccines, and anthelmintics must be administered no more than thirty (30) days and no less than fourteen (14) days before the dog or cat's https: // library. municode. com /print.aspx ?h= &clientID= 10323 &HTMRequest =ht... 11/19/2013 Municode Page 34 of 68 entry into the State of Florida. An OCVI certifying compliance with this chapter must accompany each dog and cat transported into the State of Florida for sale. b. No dog or cat imported into the State of Florida for sale shall be offered for sale without an OCVI issued by a veterinarian licensed in the state of origin. C. The following tests, vaccines, and anthelmintics must be administered to each dog before the dog is offered for sale in the county, unless a licensed, accredited veterinarian certifies on the OCVI that to inoculate or deworm the dog is not in the best medical interest of the dog, in which case the vaccine or anthelmintic may not be administered to that particular dog: 1 • Canine distemper. 2. Leptospirosis. 3• Bordetella (by intranasal inoculation or by an alternative method of administration if deemed necessary by the attending veterinarian and noted on the health certificate, which must be administered in this state once before sale). 4. Parainfluenza. 5. Hepatitis. 6. Canine parvo. 7. Rabies, provided the dog is over three (3) months of age and the inoculation is administered by a licensed veterinarian. U. Roundworms. 9• Hookworms. If the dog is under four (4) months of age, the tests, vaccines, and anthelmintics required by this chapter must be administered no more than twenty -one (21) days before sale within the county. If the dog is four (4) months of age or older, the tests, vaccines, and anthelmintics required by this chapter must be administered at or after three (3) months of age, but no more than one (1) year before sale within the county. d• The following tests, vaccines, and anthelmintics must be administered to each cat before the cat is offered for sale in the county, unless the licensed, accredited veterinarian certifies on the OCVI that to inoculate or deworm the cat is not in the best medical interest of the cat, in which case the vaccine or anthelmintic may not be administered to that particular cat: 7 • Panleukopenia. 2. Feline viral rhinotracheitis. 3. Calici virus. 4. Rabies, if the cat is over three (3) months of age and the inoculation is administered by a licensed veterinarian. 5. Hookworms. 6. Roundworms. If the cat is under four (4) months of age, the tests, vaccines, and anthelmintics required by this section must be administered no more than twenty -one (21) days before sale within the state. If the cat is four (4) months of age or older, the tests, vaccines, and anthelmintics required by this section must be administered at or after three (3) months of age, but no more than one (1) year before sale within the state. https: // library. municode. com /print.aspx ?h= &clientID= 10323 &HTMRequest =ht... 11/19/2013 Municode Page 35 of 68 e. Every dog and cat offered for sale by a pet shop or pet dealer must be accompanied by a current OCVI at all times while being offered for sale within the county. The examining veterinarian must retain one (1) copy of the OCVI on file for at least one (1) year after the date of examination. f• Each dog and cat in the possession of a pet shop or pet dealer shall be examined by a veterinarian licensed to practice in Florida no more than thirty (30) days before the sale within the county. The examination must include, but not be limited to, a fecal test to determine if the dog or cat is free of internal parasites, including hookworms, roundworms, tapeworms, and whipworms. If the examination warrants, the dog or cat must be treated with a specific anthelmintic. In the absence of a definitive parasitic diagnosis, each dog or cat must be given a broad spectrum anthelmintic. At the conclusion of the examination, the veterinarian shall complete an OCVI, which shall remain current for a period of thirty (30) days. Each dog and cat in the possession of a pet shop or pet dealer shall be re- examined by a veterinarian every thirty (30) days and the pet shop or pet dealer shall ensure that a current OCVI is completed by the examining veterinarian. 9• Each dog over six (6) months of age must be tested by a veterinarian for heartworms before being offered for sale and the results of the tests must be listed on the OCVI. h. Each cat must be tested by a veterinarian for feline leukemia before being offered for sale and the results of the tests must be listed on the OCVI. L Each dog and cat obtained by the pet shop or pet dealer for the purpose of sale shall be examined by a veterinarian licensed in Florida within two (2) business days of the day the pet shop or pet dealer obtains the dog or cat. 1• No pet shop or pet dealer shall possess, offer for sale, sell, transport, or arrange for the transportation of any dog or cat that is less than eight (8) weeks of age. k. No pet shop or pet dealer shall import a dog into the United States in violation of 7 U.S.C. 2148, Importation of live dogs. No pet shop or pet dealer shall obtain a dog or cat from any source, including but not limited to a breeder or dealer, if the source or an owner, operator or employee of the source: 1 • has been convicted of cruelty to animals under any federal, state or local law. 2• has had a final judgment entered against it/him /her based upon a finding of animal neglect or mistreatment pursuant to Florida Statutes § 828.073 or comparable statute. 3. has been temporarily or permanently enjoined from breeding, selling or dealing in dogs or cats by any court. 4. whose license /permit issued by any local government, state, or federal government to breed, sell or otherwise deal in dogs or cats is suspended or revoked. 5. does not hold a current license /permit to breed, sell or otherwise deal in dogs or cats as required by the applicable local, state, or federal law. M. An OCVI must: 1. https: // library. municode. com /print.aspx ?h= &clientID= 10323 &HTMRequest =ht... 11/19/2013 Municode Page 36 of 68 be signed on the date of examination by the examining veterinarian who is licensed by the state of origin and accredited by the United States Department of Agriculture and must include the veterinarian's license number. 2. show the age, sex, breed, color, and health record of the dog or cat examined. 3. contain the printed or typed names and addresses of the person or business from whom the dog or cat was obtained, the consignor or seller, the consignee or purchaser, and the examining veterinarian. 4. for each dog or cat, list all tests performed, the results of all tests performed, all vaccines and deworming medications administered, including the manufacturer, vaccine, type, lot number, expiration date, and the dates of administration thereof. 5. state that the examining veterinarian warrants that, to the best of his or her knowledge, the dog or cat has no sign of contagious or infectious diseases and has no evidence of internal or external parasites, including coccidiosis and ear mites, but excluding fleas and ticks. 6. state whether the examining veterinarian has detected any physical abnormalities in the dog or cat including but not limited to a heart murmur, an umbilical hernia, entropian, an inguinal hernia, and cryptorchidism. An OCVI that does not meet the above -cited requirements shall not comply with this chapter. n• It shall be a violation of this chapter to falsify any information provided in any OCVI. 0• All dogs and cats offered for sale and copies of OCVI's held by a pet shop, pet dealer or veterinarian are subject to inspection by any agent of the division, the Department of Agriculture and Consumer Services, any agent of the United States Department of Agriculture, any law enforcement officer, or any agent appointed under Florida Statutes § 828.03. P. All dogs and cats offered for sale by a pet shop or pet dealer shall be implanted with an electronic animal identification device (EAID). (2) Records. a• Each pet shop or pet dealer shall maintain the following written records on each dog and cat offered for sale for a period of not less than two (2) years after disposition of each dog and cat: • The name and address of the breeder of the dog or cat. If the breeder of the dog or cat is licensed by the United States Department of Agriculture, a state, or a local government to breed, sell or otherwise deal in dogs and cats, the pet shop or pet dealer shall maintain the license number, identification number, or other permit number. 2. The name and address of any other person who or business that owned or possessed the dog or cat from its birth to the point of sale. If such person or business is licensed by the United States Department of Agriculture, a state, or a local government to breed, sell or otherwise deal in dogs and cats, the pet shop or pet dealer shall maintain the license number, identification number, or other permit number. 3. https: // library. municode. com /print.aspx ?h= &clientID= 10323 &HTMRequest =ht... 11/19/2013 Municode Page 37 of 68 The date the dog or cat was born and the date the pet shop or pet dealer received the dog or cat. 4. The breed, sex, color, and identifying marks of the dog or cat. If the breed is unknown or mixed, the record shall so indicate. 5. If the dog or cat is being sold as capable of registration, the names and registration numbers of the sire and dam and litter number. 6. A copy of each OCVI that has been completed for the dog or cat up to the point of sale. 7. A complete record of any medical treatment or medication provided to or recommended for each dog or cat by a veterinarian and any medical diagnosis made by a veterinarian concerning each dog or cat up to the point of sale. If such information is contained in an OCVI, the OCVI shall be sufficient; if not, the pet shop or pet dealer shall obtain a copy of each dog or cat's medical records from the veterinarian. 8. A record of any known disease, illness, or congenital or hereditary condition that adversely affects the health of the dog or cat at the time of sale or is likely to adversely affect the health of the dog or cat in the future. b. For a period of two (2) years from the disposition of each dog and cat, the pet shop or pet dealer shall maintain records specifying the date and nature of disposition of each dog and cat and the name, address, and phone number of the purchaser (or owner if different than the purchaser) of each dog or cat. C. Once per month, each pet shop and pet dealer shall provide the division with records indicating the number of dogs and cats sold or disposed of during the previous month; the name and physical address (no P.O. boxes) of the breeder, dealer, or source from which each dog and cat was obtained; the date each dog and cat was obtained; and the date each dog and cat was sold or otherwise disposed of by the pet shop or pet dealer; and the name, physical address (no P.O. boxes), and telephone number of the purchaser or owner (if different from the purchaser) of each dog and cat sold during that month, including the EAID number, breed, color, sex, and age of each dog and cat. d• If any dog or cat dies while in the possession of a pet shop or pet dealer, the pet shop or pet dealer shall maintain a record of the date of death and known or suspected cause of death. Any dog or cat that dies while being treated by a veterinarian or person at the request of the pet shop or pet dealer shall be considered in the possession of the pet shop or pet dealer at the time of death. The veterinarian shall specify the date of and known or suspected cause of death on the dog or cat's OCVI. Upon the death of a dog or cat, the pet shop or pet dealer shall provide the division with records reflecting the date and cause of the dog or cat's death. The pet shop or pet dealer shall maintain a copy of such record for a period of two (2) years from the date of the dog or cat's death. e• Each pet shop and pet dealer shall maintain on the premises all records required by this chapter and shall make such records available to the division upon request. f• The failure to maintain complete records on each dog and cat as required by this chapter shall constitute a separate violation as to each record missing or incomplete. https : / /library.municode. com /print. aspx ?h= & clientID =10323 &HTMRequest =ht... 11/19/2013 Municode Page 38 of 68 (3) Notices and disclosures to purchasers a. Each pet shop and pet dealer shall post conspicuously on the cage or enclosure of each dog and cat offered for sale a written notice in twelve -point or greater type identifying the breed, sex, and date of birth of each dog and cat and the name and address of the sources that bred each dog and cat and sold each dog and cat to the pet shop. b• Each pet shop and pet dealer shall post conspicuously in close proximity to the cages or enclosures where dogs and cats are offered for sale a notice in at least fifty -point type containing the following: "Notice to consumers: Before purchasing a dog or cat you may request information concerning each dog or cat's health, medical history, and the source from which the dog or cat was obtained. Upon your request, the pet shop or pet dealer is required to show you these records before you purchase a dog or cat and to give you a copy of these records when you purchase a dog or cat." C. At the time of sale, each pet shop and pet dealer shall provide the purchaser with a written notice in twelve -point or greater type stating: Pursuant to the Palm Beach County Animal Care and Control Ordinance, every owner of a dog or cat is required to obtain a license tag for each dog and cat from the Palm Beach County Division of Animal Care and Control ( "Division ") or an authorized veterinarian. The license tag must be renewed every year, and proof of an up to date rabies vaccination is required to obtain or renew a license tag. The Palm Beach County Board of County Commissioners has determined that the unintended or uncontrolled breeding of dogs and cats leads to pet overpopulation at great expense to the community and that every feasible means of reducing the number of unwanted dogs and cats should be encouraged. The Board of County Commissioners has also determined that spaying and neutering every dog and cat is one of the best ways to reduce the number of unwanted pets. Therefore, every dog and cat in Palm Beach County must be spayed or neutered by the time the dog or cat is six (6) months old, unless certain exceptions apply. Every owner of a dog or cat must obtain an annual unaltered license tag from the Division or a veterinarian for each dog or cat over the age of six (6) months that is not spayed or neutered. A dog or cat with an unaltered license tag cannot be bred unless an appropriate breeding permit is first obtained from the Division. No person shall breed any dog or cat in Palm Beach County without first obtaining a breeding permit. Contact the Division at (561) 233 -1200 or www.pbcgov. com /publicsafety /animalcare/with questions about regulations pertaining to your new dog or cat. The division shall have the authority to establish an alternative written disclosure form that includes the essential elements of the written notice provided herein. d. At the time of sale, each pet shop and pet dealer shall deliver to the purchaser of each dog and cat a written disclosure(s) containing the following: 1. https:Hlibrary.municode .com /Print.aspx ?h= &clientID =10323 &HTMRequest =ht... 11/19/2013 Municode Page 39 of 68 The name and physical address (no P.O. boxes) of the breeder of the dog or cat. If the breeder of the dog or cat is licensed by the United States Department of Agriculture, a state, or a local government to breed, sell or otherwise deal in dogs and cats, the pet shop or pet dealer shall maintain the license number, identification number, or other permit number. 2. The name and physical address (no P.O. boxes) of any other person who or business that owned or possessed the dog or cat from its birth to the point of sale. If such person or business is licensed by the United States Department of Agriculture, a state, or a local government to breed, sell or otherwise deal in dogs and cats, the pet shop or pet dealer shall maintain the license number, identification number, or other permit number. 3. The date the dog or cat was born and the date the pet shop or pet dealer received the dog or cat. 4. The breed, sex, color, and identifying marks of the dog or cat. If the breed is unknown or mixed, the record shall so indicate. 5. If the dog or cat is being sold as capable of registration, the names and registration numbers of the sire and dam and litter number. 6. A copy of each OCVI that has been completed for the dog or cat up to the point of sale. 7. A complete record of any medical treatment or medication provided to or recommended for the dog or cat by a veterinarian and medical diagnosis made by a veterinarian concerning the dog to cat up to the point of sale. If such information is contained in an OCVI, the OCVI shall be sufficient; if not, the pet shop or pet dealer shall obtain a copy of each dog or cat's medical records from the veterinarian. $• A record of any known disease, illness, or congenital or hereditary condition that adversely affects the health of the dog or cat at the time or sale, or is likely to adversely affect the health of the dog or cat in the future. A pet store or pet dealer shall provide all of the above -cited written disclosures to the prospective purchaser of each dog or cat for review prior to the purchase upon request. (4) Warranties for dogs and cats. a• A dog or cat that is purchased from a pet shop or pet dealer shall be considered unfit for purchase if any of the following apply: 1 Within fourteen (14) days following the sale of a dog or cat by a pet shop or pet dealer a licensed veterinarian of the purchaser's choosing certifies that, at the time of the sale, the dog or cat was unfit for purchase due to illness or disease, the presence of symptoms of a contagious or infectious disease, or the presence of internal or external parasites, excluding fleas and ticks. 2. Within one (1) year following the sale of a dog or cat, a licensed veterinarian of the purchaser's choosing certifies such dog or cat to be unfit for purchase due to a congenital or hereditary disorder that adversely affects the health of the dog or cat. 3. https:H library. municode. com /print.aspx ?h= &clientID= 10323 &HTMRequest =ht... 11/19/2013 Municode Page 40 of 68 Within one (1) year following the sale of a dog or cat, the breed, sex, or health of such dog or cat is found to have been misrepresented to the purchaser. b• If a dog or cat is unfit for purchase for any of the above -cited reasons, the pet shop or pet dealer shall afford the purchaser the right to choose one (1) of the following options: The right to return the dog or cat and receive a refund of the purchase price, including the sales tax, and reimbursement for reasonable veterinary costs directly related to the veterinarian's examination and certification that the dog or cat is unfit for purchase pursuant to this chapter and directly related to necessary emergency services and treatment undertaken to relieve suffering; 2. The right to return the dog or cat and receive an exchange dog or cat of the purchaser's choice of equivalent value, and reimbursement for reasonable veterinary costs directly related to the veterinarian's examination and certification that the dog or cat is unfit for purchase pursuant to this section and directly related to necessary emergency services and treatment undertaken to relieve suffering; or 3. The right to retain the dog or cat and receive reimbursement for reasonable veterinary costs for necessary services and treatment related to the attempt to cure or curing of the dog or cat. Reimbursement for veterinary costs may not exceed the purchase price of the dog or cat. The cost of veterinary services is reasonable if comparable to the cost of similar services rendered by other licensed veterinarians in proximity to the treating veterinarian and the services rendered are appropriate for the certification by the veterinarian. C. The refund or exchange required by this chapter shall be made by the pet shop or pet dealer not later than ten (10) business days following receipt of a signed veterinary certification as required in this chapter. The purchaser must notify the pet shop or pet dealer within a reasonable time after the veterinarian's determination that the animal is unfit and must provide the pet shop or pet dealer with a copy of the written certification of unfitness. d• A dog or cat may not be determined unfit for sale on account of an injury sustained or illness contracted after the purchaser takes possession of the dog or cat. A veterinary finding of intestinal or external parasites is not grounds for declaring a dog or cat unfit for sale unless the dog or cat is clinically ill because of that condition. e• If a pet shop or pet dealer wishes to contest a demand for veterinary expenses, refund, or exchange made by a purchaser under this section, the pet shop or pet dealer may require the purchaser to produce the dog or cat at a mutually agreed upon time and place for examination by a licensed veterinarian designated by the pet shop or pet dealer. Upon such examination, if the purchaser and the pet shop or pet dealer are unable to reach an agreement that constitutes one (1) of the options set forth in this chapter within ten (10) business days following examination by the pet shop or pet dealer's designated veterinarian, the purchaser may initiate an action in a court of competent jurisdiction to recover or obtain reimbursement of veterinary expenses, refund, or exchange. https:H library. municode. com /print.aspx ?h= &clientlD= 10323 &HTMRequest =ht... 11/19/2013 Municode Page 41 of 68 f. No pet shop or pet dealer shall require or attempt to require a purchaser to sign a contract or agreement to waive any of the rights provided by this chapter. Any contract or agreement in which a purchaser agrees to waive any rights provided under this chapter shall be null and void and unenforceable. 9• This chapter does not in any way limit the rights or remedies that are otherwise available to a purchaser under any other law. h. Each pet shop and pet dealer shall provide the purchaser of a dog or cat at the time of sale with the written notice required by Florida Statutes § 828.29(12), which shall be provided in twelve -point or greater type. No pet shop or pet dealer shall require the purchaser of a dog or cat to use the pet shop's veterinarian in order to receive a refund or exchange required by this chapter. J If a purchaser requests a refund or requests to return or exchange a dog or cat pursuant to this chapter, each pet shop and pet dealer shall maintain all records related to the purchaser's request for a period of two (2) years from receipt of such records and shall deliver a copy of the purchaser's request to the division within seven (7) days of receipt. (5) Animal housing requirements —Pet shops and pet dealers. a• Animals having a known or suspected communicable animal -to -human or animal -to- animal disease shall be maintained in individual cages in an isolated location where they cannot directly or indirectly come into contact with other animals or the public. b• Animals with diseases that can be airborne must be isolated in an area with independent ventilation. C. Any animal that cannot stand on its own or that has a life threatening disease must be hospitalized, housed under the direct care of a veterinary hospital /clinic or humanely euthanized. d• State and county health regulations must be followed when caring for any animal harboring an animal -to -human disease. (6) Animal care —Pet shops and pet dealers. a• Each animal shall be examined daily for signs of illness or injury. Any suspected illness or injury shall be reported to the owner or manager of the establishment immediately. Any sick animal shall be immediately isolated from other animals. All bedding material and feces in a sick animal's cage shall be removed and disinfected or discarded. Display areas, holding crates, cages or animal enclosures, trays and feeding equipment used by a sick animal shall be disinfected immediately. b• Failure to obtain adequate, timely care from a licensed veterinarian for any diseased or injured animal found in the custody of any establishment shall be a violation of this chapter and /or Florida Statutes Ch. 828, "Cruelty to Animals ". Proof of adequate and timely veterinary care must be provided to the division upon request. C. All animals that show signs or symptoms of injury, contagious or infectious disease shall be seen by a veterinarian within twenty -four (24) hours and at least one (1) other time prior to being sold to certify that they are free from illness or injury. d. https: //IibraryF. municode .com /print.aspx ?h= &clientID= 10323 &HTMRequest =ht... 11/19/2013 Municode Page 42 of 68 All animals other than dogs and cats (i.e., rabbits, gerbils, hamsters, guinea pigs, all other rodents, birds, and reptiles) shall be cared for pursuant to general guidelines and accepted animal husbandry standards for each species. (7) Physical facility requirements —Pet shops. a• All animals shall be contained in appropriate animal enclosures and shall not be permitted to be at large in the facility. b• All cages and animal enclosures shall be constructed in such a way that they can be maintained in a clean, dry and sanitary manner. All cages and animal enclosures shall be made of non - porous material, impervious to fecal matter and urine, which can be easily disinfected. C. Heating, cooling and temperature. Indoor housing facilities for animals must be sufficiently heated and cooled when necessary to protect the animals from cold and hot temperatures and to provide for their health, comfort and well- being. 2. When animals are present, the ambient temperature in the facility must not fall below fifty (50) degrees F (ten (10) degrees C) for animals not acclimated to lower temperatures. Such animals would include short- haired breeds, sick, aged, young, infirm dogs and cats, and small domestic animals. 3. The ambient temperature must not fall below fifty (50) degrees F (ten (10) degrees C) or must not rise above eighty -five (85) degrees F (thirty - five (35) degrees C) at any time. d• Ventilation. - 1 • Indoor housing facilities for animals must be sufficiently ventilated at all times when animals are present to provide for their health, comfort and well- being, and to minimize odors, drafts, ammonia levels and moisture condensation. 2. Air, preferably fresh air, must be provided through windows, vents, fans (exterior) or air - conditioning. 3. Auxiliary ventilation or air - conditioning must be provided when the ambient temperature is eighty -five (85) degrees F (thirty (30) degrees C) or higher. e• Cages /animal enclosures. Animal enclosures must be designed and constructed of suitable materials so they are structurally sound. Animal enclosures must be maintained in good repair. 2. Animal enclosures must be constructed and maintained so that they-- A. Have no sharp points or edges that could injure animals; B. Protect animals from injury; C. Keep predators and unauthorized individuals from accessing the enclosure(s); D. Provide animals with easy and convenient access to clean food and water; E. Enable all surfaces in contact with animals to be readily cleaned and disinfected. F• Have floors which are constructed in a manner that protects the animals' appendages from injury, and that if of mesh or slatted https: // library. municode. com /Print.aspx ?h= &clientID= 10323 &HTMRequest =ht... 11/19/2013 Municode Page 43 of 68 construction, will not allow the animals' appendages to pass through any openings in the floor. 3. Space requirements for dogs. A. The guideline for minimum size for an animal enclosure for a dog ten (10) pounds and under shall be three and one half (3.5) square feet. B. The guideline for minimum size for an animal enclosure for a dog from eleven (11) to twenty (20) pounds shall be six (6) square feet. C. The guideline for minimum size for an animal enclosure for a dog from twenty -one (21) to thirty-five (35) pounds shall be eight (8) square feet. D. Fhe guideline for minimum size for an animal enclosure for a dog from thirty -six (36) to fifty (50) pounds shall be twenty (20) square feet. E- The guideline for minimum size for an animal enclosure for a dog over fifty (50) pounds shall be twenty -four (24) square feet. F. The interior height of each animal enclosure for a dog must be at least six (6) inches higher than the highest point of the body (normally the ears) of the dog in the enclosure when it is in a normal standing position. G. All dogs over thirty -five (35) pounds shall be required to be exercised on a leash three (3) times per day for a minimum of ten (10) minutes per exercise period. 4- Space and other requirements for cats. A. Each cat that is housed in any animal enclosure must be provided minimum vertical space and floor space as follows: i- Each animal enclosure housing cats must be at least twenty -two (22) inches in interior height. ii. Cats up to and including nine (9) pounds must be provided with at least three (3) square feet. Cats over nine (9) pounds must be provided with at least four (4) square feet. B. Compatibility. C, Litter. All cats housed in the same animal enclosure must be compatible, as determined by observation. Kittens under four (4) months of age may not be housed in the same animal enclosure with adult cats. In all cat enclosures, a receptacle containing sufficient clean litter must be provided to collect excreta and body wastes. ii. Litter pans shall be cleaned and changed daily or more often if necessary. D. Resting surfaces. https:H library. municode .com /print.aspx ?h= &clientID =10323 &HTMRequest =ht... 11/19/2013 Municode Page 44 of 68 Each animal enclosure housing cats should contain a solid resting surface or surfaces that, in the aggregate, are large enough to hold all the occupants of the animal enclosure at the same time comfortably. ii. The resting surfaces must be elevated, impervious to moisture and able to be easily cleaned and disinfected, or easily replaced when soiled or worn. The resting surfaces shall not be considered part of the minimum floor space. (8) Food and water requirements —Pet shops. a Food shall be stored in rodent, pest and moisture proof containers with lids. Containers shall be clearly and properly labeled as to contents. b• Fresh water shall be available to all animals at all times and shall be maintained in a container in such a manner that animals cannot turn container over. C. Food and water shall be fresh, appropriate and free from contamination. (9) Cleaning procedures —Pet shops. a• Animals (other than water dependent species) shall not be directly exposed to water or disinfectant and shall be removed from animal enclosures during cleaning procedures. Water dependent species shall not be directly exposed to disinfectant and shall be removed from tanks during cleaning procedures. b• The entire cage of each dog and cat including top, sides, floor, grate, wall and door shall be cleaned with soap and disinfected, rinsed and dried daily. C. Drains and walkways adjacent to all cages and animal enclosures shall be cleaned with soap and disinfected daily. d. Runs and cages shall be spot cleaned as necessary to remove animal excrement throughout the day. e• Food dishes and water bowls /containers shall be cleaned and disinfected daily. f. Appropriate cleaning procedures shall be used to ensure that fumes from excreta and urine do not adversely affect the lungs of animals or humans. G) Minimum operational standards for grooming parlors and mobile grooming units. (1) Record keeping — Groomers. a• All grooming parlors and mobile grooming units shall maintain a record of all animals currently on premises or being groomed. b• A medical emergency release form must be obtained from the owner of each animal so that emergency treatment can be given if an animal shows signs of illness or is injured while in the care and custody of the grooming parlor /unit. C. The information on this medical release form shall include, but not be limited to: the owner's name, address, emergency telephone number, owner's veterinarian and veterinarian's telephone number. This information shall be provided to the inspecting officer upon request. (2) Physical facility requirements— Groomers. a• All animals shall be contained in appropriate animal enclosures and shall not be permitted to be at large in the facility. b• All cages and animal enclosures shall be constructed in such a way that they can be maintained in a clean, dry and sanitary manner. All cages and animal https:H library. municode .com /print.aspx ?h= &clientID= 10323 &HTMRequest =ht... 11/19/2013 Municode Page 45 of 68 enclosures shall be made of non - porous material, impervious to fecal matter and urine, which can be easily disinfected. C. Heating, cooling and temperature. Indoor facilities for dogs and cats must be sufficiently heated and cooled when necessary to protect the dogs and cats from cold and hot temperatures and to provide for their health, comfort and well- being. 2. When dogs and cats are present, the ambient temperature in the facility must not fall below fifty (50) degrees F (ten (10) degrees C) for dogs and cats not acclimated to lower temperatures and for those breeds that cannot tolerate lower temperatures without stress or discomfort (such as short- haired breeds). 3. The ambient temperature must not fall below fifty (50) degrees F (ten (10) degrees C) and must not rise above eighty -five (85) degrees F (thirty (30) degrees C) at any time. d• Ventilation. • Indoor facilities for dogs and cats must be sufficiently ventilated at all times when dogs and cats are present to provide for their health, comfort and well- being, and to minimize odors, drafts, ammonia levels and moisture condensation. 2. Air, preferably fresh air, must be provided through windows, vents, fans or air - conditioning. 3. Auxiliary ventilation or air - conditioning must be provided when the ambient temperature is eighty -five (85) degrees F (twenty -nine and one - half (29.5) degrees C) or higher. 4. Proper ventilation shall insure that the fumes from urine do not adversely affect the lungs of the animals or humans. e• Cages /animal enclosures. 1 Animal enclosures must be designed and constructed of suitable materials so they are structurally sound. Animal enclosures must be maintained in good repair. 2• Animal enclosures must be constructed and maintained so that they: A• Have no sharp points or edges that could injure dogs and cats; B. Protect dogs and cats from injury; C. Keep predators and unauthorized individuals from accessing the enclosure; D. Provide dogs and cats with easy and convenient access to clean water as needed; E. Enable all surfaces in contact with dogs and cats to be readily cleaned and disinfected. F. Have floors which are constructed in a manner that protects the dogs' and cats' appendages from injury, and that if of mesh or slatted construction, will not allow the dogs' and cats' appendages to pass through any openings in the floor. 3. Animal enclosures for dogs and cats which are housed for less than twelve (12) hours must provide sufficient space for each dog and cat, appropriate to its species, breed and size to stand erect, lie down in a comfortable, normal position, stretch out, and to turn about freely. https: // library. municode. com /print.aspx ?h= &clientID= 10323 &HTMRequest =ht... 11/19/2013 Municode Page 46 of 68 4. In order to house animals for more than twelve (12) hours, a kennel permit must be obtained from the division. (3) Animal care— Groomers. a• Each cage and animal enclosure including top, sides, floor, grate and door shall be cleaned with soap and disinfected, rinsed and dried after each animal occupant. b. Clippers, combs, brushes and any other equipment shall be disinfected after each animal grooming. C. Clean, separate drying towels shall be used for each individual animal groomed. d• Every grooming facility must use tepid water for the purpose of washing dogs and cats. Cold water is not acceptable. e• Grooming bathtubs shall be cleaned with soap and disinfected and rinsed after each animal grooming. Grooming bathtubs shall be maintained free of mold and mildew. Clippers, dryers, combs, brushes and any other grooming equipment shall be maintained in good repair so that they are appropriate for the intended safe use per the manufacturers' or suppliers' instructions. 9. No animal having a known or suspected communicable or infectious disease, shall be accepted for grooming care by a grooming business. n• No animal is to be housed overnight at any grooming parlor /unit unless the premise is also permitted as a kennel. (k) Minimum operational standards for commercial stables. (1) Record keeping requirements— Commercial stables. a• Commercial stables shall keep a reference file on all animals. These files shall be maintained on each animal individually. The information in these files shall include but not be limited to vaccination records, medical treatment administered at the facility, owner's name, address, emergency telephone number, proof of owner's identification, and name and telephone number of owner's veterinarian. b• A medical release must be obtained from the owner or his designee, for each animal and shall become part of the animal's record so that emergency treatment may be given if the animal shows signs of illness or injury while in the care and custody of the commercial stable. C. A copy of a current (within the previous twelve (12) months) negative Coggins test (equine infectious anemia) shall be on record for each equine (except nursing foals) boarded or kept at a commercial stable. No equine shall be accepted for board unless a current (within the past twelve (12) months) negative Coggins test record is produced by the owner. d. All records shall be made available to the inspecting officer upon request. (2) Physical facility requirements — Commercial stables. a• Barn. All barns shall be well ventilated so as to have free flow of air or forced ventilation. 2. All feed and tack rooms shall be kept clean and orderly, clear of litter and refuse. Aisles shall be kept clear to provide free exit of stabled animals. https:H library. municode. com /print.aspx ?h= &clientlD= 10323 &HTMRequest =ht... 11/19/2013 Municode Page 47 of 68 3. All barns or structures shall be in good repair with no water leaks. The floor of all stalls shall be free of standing water. There shall be sufficient drainage on the property to prevent accumulation of persistent standing water in paddock areas. 4. Manure which has been removed from stalls and paddocks shall be maintained at least seventy -five (75) feet from the nearest animal stall. Manure shall be situated so as to assure that there shall be no run -off into canals or retention ponds. b• Pasturing. 1 Every owner or manager of any commercial stable shall make daily observation of all animals housed or boarded on the property. 2. Adequate water containers shall be available in all pasture areas sufficient to supplement all equine during dry periods when retention ponds lack sufficient clean water. Stagnant water with floating algae is unacceptable for drinking. 3. Separate feed buckets for each equine shall be used when feeding. When a feed trough or bunker is used, there shall be two (2) lineal feet per head or a two (2) foot feed box for each animal. 4. Every commercial stable shall have sufficient drainage in order to provide sufficient dry land for all animals pastured and to prevent accumulation of persistent standing water over the entire pasture. 5. As necessary, all pasture areas shall be dragged to spread and remove manure. Pasture rotation is recommended if sufficient pasture area is available. C. Exercise area. A designated safe exercise area, which is a minimum of two thousand five hundred (2,500) square feet, shall be provided for all equine. 2. This exercise area shall be appropriately fenced. 3. Equine shall be provided appropriate exercise as recognized by accepted animal husbandry practices. d• Paddock area. Paddock areas are not required. 2. If an optional paddock area is provided, the area provided shall be a minimum of one hundred (100) square feet up to a maximum of two thousand five hundred (2,500) square feet. (3) Food and water supplies — Commercial stables. a• Opened food bags shall be stored in rodent, pest and moisture resistant containers with lids and properly labeled as to content. b• Unopened food bags shall be stored off the ground and kept clean and dry. C. Stored hay shall be kept clean and dry. d• Fresh water, free of algae, shall be available to all animals at all times. e• Hay provided to equine must be distributed to prevent contamination from manure, urine and stagnant water. (4) Animal housing requirements—Commercial stables. a• Any animal having a known or contagious disease or suspected of having a contagious disease, shall be contained in an area away from other animals. https:H library. municode. com /print.aspx ?h= &clientID= 10323 &HTNMequest =ht... 11/19/2013 Municode Page 48 of 68 This area shall be clearly and visibly posted with signage stating: "CONTAINS QUARANTINED ANIMALS." b• The owner or manager of any commercial stable that has an animal with a known or suspected contagious or infectious disease must seek immediate veterinary care for that animal and follow veterinary instructions. C. Stalls which are used to house animals shall be large enough to allow the animal to stand in an erect position, turn without touching the sides or move about without restriction. d• All animals must be securely confined and not permitted to run at large. e. All fences must be secure and safe to prevent injury (i.e., no broken rails, exposed nails, etc.; barbed (where permitted) or any other kind of wire must be taut and sufficiently marked to be visible to livestock). (5) Cleaning procedures — Commercial stables. a• Stalls shall be cleaned daily. Paddocks shall be cleaned as often as necessary. Manure, urine soaked hay, shavings, straw or bedding must be removed daily and replaced with clean dry hay, shavings, straw or bedding. b• All stalls and paddock areas shall be free of safety hazards (i.e., nails, wire, rocks, wood, other debris or loose fencing upon which animals may become injured). C. All water containers, buckets, troughs and the like, shall be maintained in such a manner as to be kept free of floating algae. d• All owners or managers of any commercial stable shall check for and remove any poisonous plants growing in or near where horses are being housed or boarded. e. All chemicals, pesticides, cleaning solutions and disinfectants shall be stored in accordance with manufacturers' instructions, properly labeled as to content and away from contact with animals. (Ord. No. 98 -22, § 23, 6- 16 -98; Ord. No. 05 -044, § 2, 9- 27 -05, Ord. No. 2011 -005, § 4, 3- 15 -11) Sec. 4 -24. Animal care; manner of keeping. (a) It shall be unlawful for any person keeping an animal to fail to provide for that animal: (t) Clean, sanitary, safe and humane conditions; (2) Sufficient quantities of appropriate food daily; (3) Proper air ventilation and circulation; (4) Adequate quantities of visibly clean and fresh water available at all times; and (5) Medical attention and /or necessary veterinary care when an animal is sick, diseased or injured. Upon request by the division, written proof of veterinary care must be provided. (b) It shall be unlawful for any person keeping an animal to fail to provide shelter for that animal. (t) Shelter for dogs, cats and small domestic animals must: a• Provide adequate protection from the cold and heat. When the outdoor temperature falls below forty (40) degrees Fahrenheit, all cats, small domestic animals and those dogs that cannot tolerate such temperatures without stress or discomfort (i.e., short- haired breeds, sick, aged, young or infirm), must be moved indoors or provided adequate heating to maintain temperature above forty (40) degrees Fahrenheit range. When the outdoor temperature rises https: // library. municode. com /Print.aspx ?h= &clientID= 10323 &HTNMequest =ht... 11/19/2013 Municode Page 49 of 68 above eighty -five (85) degrees Fahrenheit all dogs, cats, and small domestic animals must be provided air conditioning, a fan, or another cooling source to maintain the temperature in the shelter at or below eight -five (85) degrees Fahrenheit; b• Provide protection from the direct rays of the sun and the direct effect of wind and rain; C. Provide a wind break and rain break; d• Contain clean, dry, bedding material; e• Provide protection from the elements at all times; Provide sufficient space for each animal to comfortably stand up, sit down, lie down, and turn around in the shelter. If the shelter is used for more than one (1) animal at the same time, it must provide enough space for each animal to comfortably stand up, sit down, lie down and turn around simultaneously; and 9. Provide a solid roof. (2) Shelter for equine, bovine, ovine and porcine normally maintained in outdoor areas must: a• Provide protection from the direct rays of the sun and the direct effect of wind and rain; b• Provide a wind break and rain break; C. Provide a solid roof; d. Provide protection from the elements at all times; and e• Provide space for each animal to comfortably stand up, sit down, lie down and turn around in the shelter. If the shelter is used for more than one (1) animal at the same time, it must provide enough space for each animal to comfortably stand up, sit down, lie down and turn around simultaneously. (c) It shall be unlawful for any person maintaining equine or ovine to fail to keep hooves trimmed so as to prevent lameness and extreme overgrowth causing deformities. (d) No person shall tether an animal to a stationary or inanimate object as a means of confinement or restraint unless such person is with the animal and the animal is at all times visible to such person. Choke or prong type collars shall not be used on an animal while such animal is tethered. As used in this chapter, tether means to restrain an animal by tying the animal to any object or structure, including without limitation a house, tree, fence, post, garage, or shed, by any means, including without limitation a chain, rope, cord, leash, or running line. Tethering shall not include using a leash or lead to walk an animal. Notwithstanding the foregoing, an animal may be tethered while actively participating in or attending an organized show, field trial, agility event, herding contest or other similar exposition or event, of a limited duration, that involves the judging or evaluation of animals. (e) Any dog maintained outdoors for all or part of the day in a fenced yard or other type of enclosure shall be provided a minimum of eighty (80) square feet of open space. An additional forty (40) square feet shall be required for each additional dog kept in the same enclosed area. Each dog shall be provided sufficient shelter within the enclosed area. Any enclosed area where a dog is confined shall be kept free of objects that may injure the dog and shall be cleaned regularly to remove feces. Dogs shall not be maintained outdoors during periods of extreme weather including but not limited to hurricanes, tropical storms, and tornados. (f) Animals must be given appropriate daily exercise. (g) https: // library. municode. com /print.aspx ?h= &clientlD= 10323 &HTMRequest =ht... 11/19/2013 Municode Page 50 of 68 No humane slaughter of animals as defined in Florida Statutes, §§ 828.22 and/or 828.23 shall be done within earshot or view of the public. (h) It shall be unlawful for any person to tease or molest any animal. (i) It shall be unlawful for any person to: (1) Leave an animal in any unattended motor vehicle; (2) Transport an animal in any motor vehicle without adequate ventilation or in unsanitary conditions; or (3) Subject or cause an animal to be subjected to extreme temperatures that adversely affect the animal's health or safety. G) It shall be unlawful to transport any animal on a public road in any vehicle unless the animal is safely and humanely restrained (at a minimum by a harness with double tethering for dogs) so that the animal is unable to jump or fall out of the vehicle. When animals are transported in a pickup truck with a metal bed, the animals shall be provided protection from the metal bed. (k) Animals shall not be allowed on any median or in any roadway, highway or street intersection for any purpose other than crossing same. (I) Any person trapping an animal must: (1) Use a humane trap; (2) Provide protection from the direct rays of the sun and direct effect of wind, rain and irrigation /sprinkler system; (3) Provide fresh water in the trap; (4) Remove the trapped animal within twenty -four (24) hours of capture. All trapped dogs and cats must be returned to their rightful owner, or to a governmentally operated animal shelter or humane society in the county; and (5) Make every attempt to locate the offspring of any lactating /nursing mother. No trapped animal shall be killed in any manner other than a method approved in the American Veterinary Medical Association Guidelines on Euthanasia, as may be amended from time to time. (►r) To the extent not inconsistent with this chapter the following portions of the Florida Statutes, in their current form and as subsequently amended, are hereby adopted and incorporated by reference except as to penalty, shall be part of this section as if they were set out in full and shall be punishable as civil infractions: (1) Section 828.058, Florida Statutes; (2) Section 828.065, Florida Statutes; (3) Section 828.08, Florida Statutes; (4) Section 828.12, Florida Statutes; (5) Section 828.121, Florida Statutes; (6) Section 828.122, Florida Statutes; (7) Section 828.123, Florida Statutes; (8) Section 828.1231, Florida Statutes; (9) Section 828.125, Florida Statutes; (10) Section 828.13, Florida Statutes; 01) Section 828.14, Florida Statutes; (12) Section 828.16, Florida Statutes; (13) Section 828.161, Florida Statutes; https:H library. municode. com /print.aspx ?h= &clientID= 10323 &HTMRequest =ht... 11/19/2013 Municode Page 51 of 68 (14) Section 828.22, Florida Statutes; (15) Section 828.23, Florida Statutes; (16) Section 828.24, Florida Statutes; and (17) Section 828.252, Florida Statutes. (n) No person, for the purpose of that person's sexual gratification, may: (1) Engage in a sexual act with an animal; (2) Coerce any other person to engage in a sexual act with an animal; (3) Use any part of the person's body or an object to sexually stimulate an animal; (4) Videotape a person engaging in a sexual act with an animal; or (5) Kill or physically abuse an animal. (Ord. No. 98 -22, § 24, 6- 16 -98; Ord. No. 03 -029, § 1, 8- 19 -03; Ord. No. 2011 -005, § 5, 3- 15 -11) Editors note— Section 17 of Ord. No. 2011 -005 specifies that § 4 -24(d) and (e) shall become effective on July 1, 2011. Sec. 4 -25. Dogs and cats offered for sale; health requirements. (a) It shall be unlawful for any person to offer for sale or sell any dog, cat, puppy or kitten without first obtaining an official certificate of veterinary inspection pursuant to Florida Statutes, § 828.29. Dogs, cats, puppies or kittens offered for sale must be at least eight (8) weeks old, free of internal and external parasites, and have proper inoculations as described below. (b) The official certificate of veterinary inspection shall document that the following inoculations, tests and treatments have been administered: (1) Dogs /puppies. a• Inoculated against: canine distemper, leptospirosis, parainfluenza, hepatitis, canine parvo virus, and bordatella. A rabies inoculation must be provided for any dog three (3) months of age or older. b• Diagnostic tests to detect the following internal parasites: hookworms, roundworms, whipworms, tapeworms, coccidia and giardia. Heartworm detection must occur for dogs six (6) months of age or older. Appropriate treatment for all positive findings must be documented. (2) Cats /kittens. a• Inoculated against: panleukopenia, feline viral rhino tracheitis, calici virus and rabies (provided the cat is over three (3) months of age). b• Diagnostic tests to detect the following internal parasites: hookworms, roundworms, tapeworms and coccidia. Appropriate treatment for all positive findings must be documented. (c) The veterinarian shall date the official certificate of veterinary inspection upon the actual examination and administration of the inoculations and /or treatments. The sale of all dogs and cats must take place no more than thirty (30) days after the official certificate of veterinary inspection has been issued. If a dog or cat is not sold within thirty (30) days of the issuance of the official certificate of veterinary inspection, then a new examination and inspection certificate must be obtained. (d) The division, city- operated animal control agencies and registered nonprofit humane societies shall be exempt from the provisions of this section. (Ord. No. 98 -22, § 25, 6- 16 -98) https: // library. municode. com /print.aspx ?h= &clientID= 10323 &HTMRequest =ht... 11/19/2013 Municode Sec. 4 -26. Animal agencies. Page 52 of 68 (a) Humane society requirements. (1) Shall hold stray animals for five (5) days (excluding legal holidays or days the operation is closed to the public) allowing owners access for identifying and reclaiming said animals. (2) Shall keep records of the impoundment and disposition of all animals received and record relevant dates, names and addresses of persons to whom animals are released. (3) Shall provide dogs and cats released to owners with a rabies inoculation and county rabies /license tag. (4) Shall provide dogs and cats released to new adopters with: a• A rabies inoculation and county rabies tag. b. An electronic animal identification device (EAID) or tattoo. The numbering system shall be registered with the division. (5) Shall reasonably assure that adopted dogs are not used as commercial guard dogs. (6) Shall assure that animals kept longer than twenty -four (24) hours are maintained in animal enclosures that are consistent with subsection 4- 23(h). (7) Shall contact appropriate agencies for the identification of any animals found with tattoos, tags or electronic animal identification devices (EAID). (8) Shall comply with section 4 -24, Animal care; manner of keeping. (9) Shall provide for the sterilization of every adopted dog and cat. Every dog and cat shall be sterilized prior to release, unless a veterinarian licensed to practice in the state certifies in writing that the dog or cat has a medical condition that would be substantially aggravated by such procedure or would likely cause the dog or cat's death. A dog or cat may be temporarily released to a potential adopter if the adopter agrees in writing to sterilize the dog or cat as soon as deemed safe by a veterinarian licensed to practice in the state. (b) Private nonprofit animal organization requirements. (1) Shall comply with section 4 -22, Number of animals; acreage restrictions /excess animal habitats. (2) Shall comply with section 4 -24, Animal care; manner of keeping. (3) Shall provide dogs and cats released to owners or new adopters with: a• A rabies inoculation and county rabies /license tag. b. An electronic animal identification device (EAID) or tattoo. The numbering system shall be registered with the division. (4) Shall provide for the sterilization of every adopted dog and cat. Every dog and cat shall be sterilized prior to release, unless a veterinarian licensed to practice in the state certifies in writing that the dog or cat has a medical condition that would be substantially aggravated by such procedure or the procedure would likely cause the dog or cat's death. A dog or cat may be temporarily released to a potential adopter if the adopter agrees in writing to sterilize the dog or cat as soon as deemed safe by a veterinarian licensed to practice in the state. (5) Shall hold stray animals for ten (10) days after a found report has been filed at the division with two (2) clear photographs (at least three (3) inches by three (3) inches) of the dog or cat and a "found" advertisement has been placed in a local newspaper of general circulation. https: // library. municode. com /print.aspx ?h= &clientID= 10323 &HTMRequest =ht... 11/19/2013 Municode Page 53 of 68 (6) Shall keep records of the impoundment and disposition of all animals received and record relevant dates, names and addresses of persons to whom animals are released. (7) Shall reasonably assure that animals adopted or sold are not to be used as commercial guard dogs. (8) Shall contact appropriate agencies for the identification of any animals with tattoos, tags or electronic animal identification devices (EAID). (c) All animal agencies (county and municipal animal control agencies, humane societies, and private nonprofit animal organizations) that accept animals from any member of the public will be required to have such person sign a written statement detailing the reclaim, adoption and euthanasia policies. (d) Failure to abide by these requirements stated herein shall be deemed a violation of this chapter. (Ord. No. 98 -22, § 26, 6- 16 -98; Ord. No. 08 -004, pt. 5, 2 -5 -08) Sec. 4 -27. Aggressive dogs, dangerous dogs and vicious dogs. (a) Classification of dogs as aggressive and dangerous. (1) The division shall investigate reported incidents involving any dog that may be aggressive or dangerous and shall, if possible, interview the owner and require a sworn affidavit from any person, animal control officer, or enforcement officer desiring to have a dog classified as aggressive or dangerous. In the event that any animal control officer has sufficient cause to believe that a dog is aggressive or dangerous and that the owner is unable or unwilling to humanely, safely and securely confine the dog, the officer may impound the dog pending the investigation if deemed necessary to protect the public. The owner shall be responsible for payment of all boarding costs and other fees required for the division to care for the dog pending the outcome of the investigation and resolution of any hearing related to the aggressive or dangerous dog classification. An owner's refusal to surrender a dog for impoundment pending the investigation shall constitute a violation of this chapter. At the discretion of the division, a dog that is the subject of a an aggressive or dangerous dog investigation may be confined at a licensed facility approved by the division or at the residence of the owner if the division is given adequate assurance by the owner that the dog can be humanely, safely, and securely confined pending the investigation without posing a danger to the public. If the dog remains with the owner pending the outcome of a dangerous dog investigation and resolution of any hearings related to the dangerous dog classification, the dog shall be at all times maintained in a securely fenced or enclosed area to prevent the dog from escaping or coming into contact with any person or domestic animal other than a person or domestic animal in the immediate household of the owner. If the dog remains with the owner pending the outcome of an aggressive dog investigation and resolution of any hearings related to the aggressive dog classification, the dog shall be at all times maintained in a securely fenced or enclosed area to prevent the dog from escaping or coming into contact with any domestic animal other than a domestic animal in the immediate household of the owner. No dog that is the subject of an aggressive or dangerous dog investigation may be relocated or ownership transferred pending the outcome of an investigation or any hearings related to the determination of an aggressive or dangerous dog classification. The owner shall provide the division with the address of where the dog will be maintained pending an investigation and any related hearings. https:H library. municode. comlprint.aspx ?h= &clientID= 10323 &HTMRequest =ht... 11/19/2013 Municode Page 54 of 68 (2) A dog shall not be declared dangerous if the threat, injury or damage was sustained by a person who, at the time, was unlawfully on the property or, while lawfully on the property, was tormenting, abusing, or assaulting the dog or its owner or a person in the immediate household of the owner. No dog may be declared dangerous if the dog was protecting or defending a human being within the immediate vicinity of the dog from an unjustified attack or assault. (3) A dog that is moved into Palm Beach County and that has been involved in known previous animal -to -human bites or has been equivalently classified as dangerous in its past jurisdiction(s), shall be subject to investigation and classification by the division. All information, past history and reports from other agencies, organizations or persons may be used to determine the appropriate classification. (4) After its investigation, the division shall make an initial determination as to whether there is sufficient cause to classify the dog as aggressive or dangerous. The division shall provide written notification of sufficient cause finding, to the owner, by registered mail, certified hand delivery (signed receipt) or service of process. The owner shall be afforded an opportunity for a hearing before a special master prior to a final determination of the classification. If the owner decides to appeal the initial determination, the owner shall file a written request with the division for a hearing before the special master within seven (7) calendar days from the date of receipt of the notification of the sufficient cause finding and if requested, the hearing shall be held as soon as possible, no sooner than five (5) calendar days and not more than twenty -one (21) calendar days after receipt of the request from the owner. Said written request must be accompanied by an appeal bond and any applicable fees for the care and boarding of said dog (due through the fifth day following the date of the request for hearing. The appeal bond and any other applicable fees shall be established by the board by resolution. The appeal bond shall be remitted to the division in the form of a money order, a certified check, a cashier's check, or a bank check payable to the county. The division shall provide notice of the hearing to the owner by U.S. mail, electronic mail, facsimile, certified mail or certified hand delivery. If the owner after seven (7) calendar days from the delivery of the "notice of intent to classify /sufficient cause notice," has not filed a written request for a hearing, the process will proceed and the dog shall be classified as dangerous. (5) Once a hearing date is set, failure to appear before the special master may, at the special master's discretion, result in the dismissal of the hearing with prejudice. In such instances, the process will proceed and the dog shall be classified as aggressive or dangerous. (6) Once a dog is classified as aggressive or dangerous, the division shall provide written notification to the owner by registered mail, certified hand delivery (signed receipt) or service of process. The owner may then file a petition for certiorari in the Circuit Court of the Fifteenth Judicial Circuit Court to appeal the classification within thirty (30) days after receipt of a written determination of aggressive or dangerous dog classification. If the division allows the owner to maintain possession of the dog during a dangerous dog appeal, the owner must confine the dog in a securely fenced or enclosed area to prevent the dog from escaping or coming in contact with any person or domestic animal other than a person or domestic animal in the immediate household of the owner, pending a resolution of the appeal. If the division allows the owner to maintain possession of the dog during an aggressive dog appeal, the owner must confine the dog in a securely fenced or enclosed area to prevent the dog from escaping or coming https:H library. municode. com /Print.aspx ?h= &clientlD= 10323 &HTN4Request =ht... 11/19/2013 Municode Page 55 of 68 in contact with any domestic animal other than a domestic animal in the immediate household of the owner, pending a resolution of the appeal. (b) Aggressive dog mandates and responsibilities. Within fourteen (14) days after a dog has been classified as aggressive or an aggressive dog classification is upheld on appeal, the aggressive dog shall be implanted with an approved electronic animal identification device (EAID) at the owner's sole expense and the aggressive dog shall be spayed /neutered unless a licensed veterinarian has examined the dog and certified in writing, that at such time spaying /neutering the classified dog will endanger its health because of infirmity, disability, illness or other medical consideration. However, the dog will be spayed /neutered as soon as its health permits. If there is a disagreement concerning the health status for sterilizing an aggressive dog, the division may have the animal care and control staff /contract veterinarian examine the dog to determine its eligibility for sterilization. If the disagreement cannot be resolved, the division and the owner shall agree on a third veterinarian to examine the animal for sterilization eligibility. The cost of the third veterinarian shall be split evenly between the division and the owner. The opinion of the third veterinarian shall govern. (�) Responsibilities for owner. An aggressive dog shall at all times wear a muzzle when it is off the owner's property and must be restrained by a substantial chain or leash not exceeding six (6) feet in length and under the control of a competent person. The muzzle must be made in a manner that will not cause injury to the dog or interfere with its vision or respiration but must prevent it from biting any person or domestic animal. (c) Dangerous dog mandates and responsibilities. (1) Mandates for owner. An owner of a dangerous dog shall comply with all of the following: a• Provide the division with a certificate of rabies vaccination. b. A special dangerous dog tag supplied by the division shall be purcha$ed annually and affixed to the dog's collar to be worn at all times. The fee shall be established by the board by resolution. C. The dog shall be implanted with an approved electronic animal identification device (EAID) at the owner's sole expense. d• The owner of a dangerous dog shall provide the division with two (2) color photographs of the dog, (front view and side view) that clearly identifies the classified dog. Each photograph shall be at least three (3) inches by three (3) inches. e. A dangerous dog must be spayed /neutered unless a licensed veterinarian has examined the dog and certified in writing, that at such time spaying /neutering the classified dog would endanger its health because of infirmity, disability, illness or other medical consideration. However, the dog will be spayed /neutered as soon as its health permits. If there is a disagreement concerning the health status for sterilizing a dangerous dog, the division may have the animal care and control staff /contract veterinarian examine the dog to determine its eligibility for sterilization. If the disagreement cannot be resolved, the division and the owner shall agree on a third veterinarian to examine the animal for sterilization eligibility. The cost of the third veterinarian shall be split evenly between the division and the owner. The opinion of the third veterinarian shall govern. (2) Responsibilities for owner. a• The owner shall immediately notify the division when a dangerous dog: Is loose, unconfined or lost/stolen; https:Hlibrary.municode.com/print.aspx?h=&clientlD=l 0323 &HTMRequest =ht... 11/19/2013 Municode Page 56 of 68 2. Has bitten a human being or attacked another domestic animal; 3. Is sold, given away, or dies; or 4. Is moved to another address. b• Prior to a dangerous dog being sold or given away, the owner shall provide the name, address and phone number of the new owner to the division. The new owner shall execute a document to be supplied by the division, acknowledging that the owner is aware of the dangerous dog classification, and that the owner shall comply with the requirements of this section. The new owner must comply with all of the requirements of this chapter. If the animal is moved out of the county to another jurisdiction within the state, the owner is required to abide by Florida Statutes Ch. 767. The animal control authority at the new location must be notified by the owner of a dog classified as dangerous, that the dog is in its jurisdiction. C. While on the owner's property, a dangerous dog must be securely confined indoors or securely confined outdoors in an enclosed and locked structure, suitable to prevent the entry of any person other than adult members of the immediate household and constructed to prevent the dog from escaping. The structure must have minimum dimensions of four (4) feet by ten (10) feet. Such structure shall have secure sides and a secure top and bottom to prevent the dog from escaping over, under or through the structure. The enclosure shall provide a humane existence for the dog and protection from the elements. d• When being transported, a dangerous dog must wear a muzzle and be safely and securely restrained within a vehicle. e. The owner shall prominently display a sign to be provided by the division at the owner's expense, on his /her premises at all entry points warning children and adults that there is a dangerous dog on the property. The fee for this sign shall be established by the board by resolution. f• A dangerous dog shall at all times wear a muzzle when it is not securely confined indoors or securely confined outdoors in an enclosed and locked structure on the owner's property. A dangerous dog may be off the owner's premises or out of its enclosure if it is muzzled and restrained by a substantial chain or leash not exceeding six (6) feet in length and under the control of a competent person. The muzzle must be made in a manner that will not cause injury to the dog or interfere with its vision or respiration but must prevent it from biting any person or domestic animal. 9• A dangerous dog shall not be used as a guard dog as defined in this chapter. h• Dogs that have been classified as dangerous shall not be used for hunting purposes. i• Dogs that have been classified as dangerous shall not be brought to a dog park or public park or public beach that allows dogs. j• When any person or domestic animal other than the owner or a person or domestic animal in the immediate household of the owner visits the premises where the dangerous dog is maintained, the owner shall secure the dangerous dog in an enclosed and locked structure to prevent such person or domestic animal from coming into contact with the dangerous dog. k. Dogs that have been classified as dangerous shall not be brought to any nonresidential establishment other than a veterinary office or other facility where the dangerous dog is being treated, trained or boarded. https: // library. municode. com /print.aspx ?h= &clientID= 10323 &HTMRequest =ht... 11/19/2013 Municode Page 57 of 68 I. Notwithstanding the foregoing, a dangerous dog may be cared for at a boarding facility or by a pet sitter if the boarding facility or pet sitter acknowledges in writing that the dog is a dangerous dog and agrees to comply with this chapter. The division shall have the authority to make inspections to ensure that the provisions cited herein are complied with. An owner of a dangerous dog shall have the option to have said dog humanely euthanized at his /her sole expense by the division or licensed veterinarian if the owner is unable to comply with the requirements cited herein. (3) Violations. a• The division is responsible for investigating alleged violations of this section after a dog is classified as aggressive or dangerous. A citation may be issued to the owner of any aggressive or dangerous dog alleged to be in violation of this section. The investigating officer may issue such citation upon the receipt of one (1) sworn affidavit of complaint. This affidavit shall specify the address or location of the alleged violation, the nature, time and date(s) of the act, the name and address of the owner, if known, and a description of the dog. In the event that a third or subsequent citation is issued to the owner for violation of this section, the owner shall be required to appear in court. b. An animal care and control officer may impound a dangerous dog if the owner fails to comply with the dangerous dog mandates and responsibilities cited herein. A dangerous dog impounded under this section may be redeemed by the owner upon the owner's compliance with the dangerous dog mandates and responsibilities and payment of any boarding fees, impound fees, or other applicable fees established by the board by resolution. If the owner does not comply with the dangerous dog mandates and responsibilities and redeem the dangerous dog within fourteen (14) days of the date the dog was impounded, the dog shall become the property of the county. (d) Vicious dog. (1) Upgrading dangerous dog to vicious dog. If a dog that has previously been declared dangerous attacks or bites a person or a domestic animal, when unprovoked, the dangerous dog shall be immediately confiscated by the division, placed in quarantine, if necessary, for the proper length of time or impounded and held ten (10) business days after the owner is given written notification by certified mail, certified hand delivery (signed receipt) or service of process. The division shall make an initial determination as to whether there is sufficient cause to upgrade the dangerous classification to vicious. (2) Classifying a dog as vicious that has not been previously declared dangerous. If a dog that has not been declared dangerous attacks and causes severe injury to or death of any human, the dog shall be immediately confiscated by the division, placed in quarantine, if necessary, for the proper length of time or held for ten (10) business days after the owner is given written notification by certified mail, certified hand delivery (signed receipt) or service of process. The division shall make an initial determination as to whether there is sufficient cause to classify the dog as vicious. A dog that has not been previously declared dangerous shall not be declared vicious if the severe injury or death was sustained by a person who, at the time, was unlawfully on the property or, while lawfully on the property, was tormenting, abusing, or assaulting the dog, the owner, or a person in the immediate household of the owner. https: // library. municode. com /print.aspx ?h= &clientlD= 10323 &HTMRequest =ht... 11/19/2013 Municode (3) Vicious dog classification process. Page 58 of 68 a. The division shall investigate any incident involving any dog that may be vicious and shall, if possible, interview the owner and require a sworn affidavit from any person, animal control officer, or enforcement officer desiring to have a dog classified as vicious. The division shall provide written notification of sufficient cause finding, to the owner, by registered mail, certified hand delivery (signed receipt) or service of process. The ten (10) business day time period from date of notification, shall allow the owner to file a written request for a hearing before a special master prior to a final determination of the vicious classification. The hearing shall be held no sooner than five (5) calendar days and not more than twenty -one (21) calendar days after receipt of the request from the owner. The appeal bond, any applicable fees for the care and boarding of said dog (due through the fifth day following the date of the request for hearing) must accompany the owner's written request. The appeal bond and fees shall be established by the board by resolution. The appeal bond shall be remitted to the division in the form of a money order, a certified check, a cashier's check, or a bank check payable to the county. The division shall provide notice of the hearing to the owner by U.S. mail, electronic mail, facsimile, certified mail or certified hand delivery. If the owner fails to appeal within the ten (10) business day period, the dog shall be humanely euthanized. b• Once a hearing date is set, failure to appear before the special master may, at the special master's discretion, result in the dismissal of the hearing with prejudice. In such instances, the process will proceed and the dog shall be classified as vicious. The owner shall be responsible for payment of all boarding costs and other fees as may be required to humanely and safely keep the dog during any appeal procedure. (4) Notice of appeal. If within the thirty-day period after written notification of the special master's decision is received, the owner files a petition for certiorari in the Circuit Court of the Fifteenth Judicial Circuit Court, the dog must be held by the division and may not be destroyed while the appeal is pending. (Ord. No. 98 -22, § 27, 6- 16 -98; Ord. No. 05 -044, §§ 3, 4, 9- 27 -05; Ord. No. 2009 -019, § 2, 7- 21 -09; Ord. No. 2011- 005, § 6, 3- 15 -11) Sec. 4 -28. Sterilization program for dogs and cats. (a) Purpose. The board has determined that the unintended or uncontrolled breeding of dogs and cats within the county leads to many dogs, cats, puppies, and kittens being unwanted, becoming strays, suffering privation and death, being impounded and euthanized at great expense to the community, and constituting a public nuisance and public health hazard. It is, therefore, declared to be the public policy of the county that every feasible means of reducing the number of unwanted dogs, cats, puppies, and kittens be encouraged. (b) Spaying, neutering of dogs and cats. (1) No person may own, keep, or harbor a dog or cat six (6) months of age or older that has not been spayed or neutered unless such person holds an unaltered license tag for each unaltered dog or cat, unless the dog or cat is otherwise exempt under this article. (2) An owner of an unaltered dog or cat will be allowed to maintain the unaltered animal in the county if any of the following criteria is met: a. https: // library. municode. com /Print.aspx ?h= &clientID= 10323 &HTNMequest =ht... 11/19/2013 Municode Page 59 of 68 The dog or cat is registered with a national or international club, association, or registry recognized by the division, and the owner certifies in writing to the division that the animal is being used, trained, or considered for use in a show (s), sporting competition(s), or other similar competitive event(s) held by one (1) or more national or international clubs, associations, or registries. For a dog or cat that is not spayed or neutered due to current use as a show or competition dog or cat as provided herein, the license tag fee established by the board for unsterilized dogs or cats shall apply. b• A veterinarian licensed in the state certifies in writing that a specific dog or cat is medically unfit to undergo the required spay or neuter procedure because of a medical condition, including but not limited to age, that would be substantially aggravated by such procedure or would likely cause the dog or cat's death. The writing must state the date by which the dog or cat may be safely spayed or neutered. The division may extend the time for spaying or neutering a dog or cat or may exempt such dog or cat from the spay /neuter requirement based upon the written medical recommendation of a licensed veterinarian. For a dog or cat that is not spayed or neutered due to a health condition as provided herein, the license tag fee established by the board for sterilized dogs or cats shall apply. As soon as the medical condition that prevents a dog or cat from being spayed or neutered ceases to exist, it shall be the duty of the owner of such dog or cat to promptly comply with this section. C. The dog is currently used by a law enforcement agency for law enforcement purposes. For a dog that is not spayed or neutered due to current use by a law enforcement agency for law enforcement purposes as provided herein, the license tag fee established by the board for police dogs shall apply. d• The dog or cat is a qualified guide dog or service animal as defined in section 4 -2 of this chapter or is part of a recognized guide /service animal breeding program approved by the division and is currently being bred or evaluated to produce guide /service animals. For a dog or cat that is not spayed or neutered due to current use as a qualified guide dog or service animal as provided herein, the license tag fee established by the board for such animals shall apply. e• The owner wishes to keep the dog or cat unsterilized and certifies in writing to the division that the dog or cat will not be bred or used for stud purposes unless an appropriate breeder permit is first obtained from the division. For a dog or cat that is not spayed or neutered but will not be used for breeding or stud purposes, the license tag fee established by the board for unsterilized animals shall apply. (3) A dog or cat that meets the following criteria shall be exempt from the unaltered license tag requirements provided in this section: a• A dog or cat temporarily harbored within this jurisdiction for less than thirty (30) days within any calendar year. b• The dog or cat is being harbored by a pound, shelter, humane society, or similar organization, whether public or private, whose principal purpose is securing the adoption of dogs or cats or offering sanctuary for dogs or cats, provided that the dog or cat is spayed or neutered prior to being placed for adoption or transferred by such organization. C. https:lllibrary.municode.com/ print. aspx? h =& amp;clientID= 10323 &HTMRequest =ht... 11/19/2013 Municode Page 60 of 68 A feral cat in a feral cat colony registered with the Division in accordance with section 4 -8 of this chapter and maintained in compliance with all requirements provided therein. A person who registers a feral cat colony shall not have to obtain an unaltered license tag for any cat in the colony provided such cat(s) remain feral and the colony registration is renewed annually. Every cat in a feral cat colony must be spayed /neutered as provided in section 4 -8. If a person owns an unaltered dog or cat that is not specifically exempted from the requirements provided herein, such person shall obtain an unaltered license tag for the dog or cat, and if such person intends to use any such unaltered dog or cat for breeding or studding purposes, a hobby breeder permit, kennel permit, or other applicable permit issued under this chapter is required in addition to an unaltered license tag for each dog or cat. (c) Unaltered dog /cat license requirements. (1) An owner of an unaltered dog or cat six (6) months of age or older must obtain an annual unaltered license tag for the dog or cat. The division will issue an unaltered license tag if the owner complies with the requirements set forth in this section, pays the license tag fee established by the board, and signs a written statement certifying that the dog or cat will not be used for breeding or stud purposes unless an appropriate permit is first obtained from the division. The board is hereby authorized to establish by resolution a schedule of fees for all license tags, late fees for failure to timely renew, and fines for failure to comply with such requirements. (2) An unaltered license tag is valid for a period of twelve (12) months. (3) Every person who owns an adult unaltered dog or cat in the county shall be required to secure an unaltered license tag pursuant to the following schedule: a• On or before the date the dog or cat is six (6) months of age; or b• Within thirty (30) calendar days of acquiring a dog or cat; or C. Within thirty (30) calendar days after a dog or cat enters the jurisdiction covered by this chapter. (4) The address of the owner shall be presumed to be the residence of the dog or cat. All changes of address must be reported to the division within thirty (30) calendar days following such change. (5) Any change of ownership of any dog or cat, be it by sale, transfer or otherwise, shall be reported in writing to the division by the new owner within thirty (30) calendar days after ownership changes. (6) Any person who fails to pay an unaltered license tag fee when it is due shall, in addition to paying any past due license fees, also pay a late penalty. (d) License denial or revocation and appeal process. If an unaltered license tag has been denied or revoked by the division, a person may appeal such action by the division by following the appeal process provided in section 29(f) of this chapter. (e) Counterfeiting or destroying a license tag. It shall be a violation of this division to counterfeit a license tag, to maliciously destroy a license tag or to fraudulently obtain a license tag. (Ord. No. 08 -004, pt. 6, 2 -5 -08) Editor's note— Ord. No. 08 -004, pt. 6, adopted February 5, 2008, amended the Code by renumbering former 28 as a new § 4 -30, and adding a new 4 -28 Sec. 4 -29. Hobby breeder permits. https: // library-. municode .com /print.aspx ?h= &clientID= 10323 &HTMRequest =ht... 11/19/2013 Municode Page 61 of 68 (a) Hobby breeder permits. (1) No person shall breed a dog or cat or offer a dog or cat for breeding or stud purposes without first obtaining an appropriate breeding permit issued by the division. The cost of the permit and other related fees shall be established by the board by resolution. (2) Hobby breeders shall: a. Not breed more than two (2) litters or more than nineteen (19) dogs, cats, puppies, or kittens during a one -year period; b• Not offer for sale, sell, trade, receive any compensation for or give away more than two (2) litters or more than nineteen (19) dogs, cats, puppies, or kittens during a one -year period; C. Keep records for the duration of the hobby breeder permit and all permit renewals as to the birth of each litter of puppies or kittens and shall make such records available for review by the division upon request; d• Keep records including but not limited to records concerning rabies vaccinations, all other inoculations and any medical condition(s) of each dog, cat, puppy or kitten intended to be sold, given away, or otherwise conveyed; e• On a quarterly basis, the name, address, and telephone number of the new owner of any dog, cat, puppy or kitten placed in the county shall be provided to the division; f• Furnish to each new owner of a dog, cat, puppy or kitten the hobby breeder permit number so the new owner has proof and assurance that the animal was legally bred; 9• Not offer a puppy or kitten under the age of eight (8) weeks for sale, trade, other compensation or free giveaway, with the exception of animals taken to an animal shelter; h• Recommend to each new owner that any animal sold, transferred or given away be examined by a licensed veterinarian within one (1) week of the date of transfer and notify the new owner of state requirements for rabies vaccinations; i• List the person's hobby breeder permit number on all advertisements and literature concerning the sale or free giveaway of any dog, cat, puppy or kitten of the hobby breeder; j• Adhere to minimum standards regarding the care and manner of keeping of animals as provided in section 4 -24, animal care; manner of keeping; and k• Allow the division to inspect the premises wherein an animal that is the subject of a hobby breeder permit is maintained and to view any animal that is the subject of the permit, if the division has probable cause to believe that a violation of section 4 -24, animal care; manner of keeping, exists. Such inspection will be limited to that necessary to ascertain compliance with section 4 -24, animal care; manner of keeping. If a hobby breeder refuses to allow the division to perform an inspection as provided herein, the division may apply for a warrant pursuant to Florida Statutes Ch. 933. All reports of such inspections shall be in writing and maintained by the division. (3) A hobby breeder permit is valid for a period of one (1) year from the date of issuance and must be renewed annually. Renewal applications for permits shall be made at least thirty (30) days prior to expiration. (4) A hobby breeder permit is not transferable, assignable, or refundable. (5) https: // library. municode. com /print.aspx ?h= &clientID= 10323 &HTMRequest =ht... 11/19/2013 Municode Page 62 of 68 Each person owning an animal intended to be used for breeding or studding shall obtain a hobby breeder permit prior to using any dog or cat for breeding or stud purposes. A hobby breeder must obtain an unaltered license tag for each unaltered dog or cat covered under the hobby breeder permit. (b) Obtaining a hobby breeder permit. (�) A person seeking a hobby breeder permit shall apply to the division on a form approved by the division. (2) The permit application shall include but is not limited to the following information: a• The name, address and telephone number of the applicant; b• A statement as to whether the applicant has ever been convicted of the offense of cruelty to animals or had a final judgment entered against the applicant under F.S. § 828.073, or any other statute prohibiting animal neglect or mistreatment; C. A description (species, breed, sex, age, coloration) of each animal under the permit; and d. A description of the activity for which the permit is requested. (3) If the applicant withholds or falsifies any information on the application, no permit shall be issued and any permit previously issued based on false or withheld information shall be revoked. (4) No person previously convicted of cruelty to animals or who has had a final judgment entered against him/her pursuant to F.S. § 828.073, shall be issued a hobby breeder permit. (c) Permit procedures. (�) The permit applicant shall complete an application, supply all information requested by the division, and pay the applicable permit fee established by the board by resolution. (2) Permit applications shall be valid for thirty (30) days in order for applicants to make corrections to meet minimum compliance specifications. (d) Violations. (1) Failure to apply for a permit prior to operating as a hobby breeder shall constitute a violation. (2) Failure to reapply for a permit at least thirty (30) days before expiration of the existing permit shall constitute a violation. (3) Refusal to allow an animal control officer to inspect an animal or the premises as provided in section 4- 29(a)(2)k. shall constitute a violation. (4) It shall be a violation of this chapter to counterfeit a hobby breeder permit or official certificate of veterinary inspection or to maliciously destroy a hobby breeder permit. (e) Permit denial, revocation, and suspension. (1) By notice of adverse action, the division may deny, revoke or suspend any permit if it is determined that: a• There has been a material misstatement or misrepresentation in the permit application; D. The applicant/permit holder has been cited for at least three (3) violations of this chapter within a two -year period, each resulting in the imposition of a fine; C. https:H library. municode. com /print.aspx ?h= &clientID= 10323 &HTMRequest =ht... 11/19/2013 Municode Page 63 of 68 The applicant/permit holder has failed to pay a fine or to request a hearing in county court to answer the charges of a citation within thirty (30) days of issuance of the violation; The applicant/permit holder or his /her agent has been convicted of a violation of law involving cruelty to animals or has had a final judgment entered against him /her pursuant to Florida Statutes § 828.073; or e• An animal under the care and responsibility of an applicant/permit holder has been found to be in need of immediate veterinary care that, if not treated, would result in suffering, pain or death. (2) No permit fee shall be refunded for a permit that is revoked or suspended. For a permit that is denied after review, the permit fee shall be refunded as provided by the board by resolution. (fl Appeal process. (1) Any applicant or permit holder who has been denied a permit or whose permit has been revoked or suspended may appeal this action to a special master within the ten - day period after the division originates the adverse action. A written notice of appeal and appeal bond must be filed with the division within ten (10) days of the notice of adverse action. The board of county commissioners is hereby authorized to establish the amount of the appeal bond by resolution. The appeal bond shall be remitted to the division in the form of a money order, a certified check, a cashier's check, or a bank check payable to the county. (2) The appeal will be heard by a special master within thirty (30) calendar days after the applicant or permit holder has submitted a notice of appeal. The initial hearing on the appeal may be continued by the division, the special master, or the applicant or permit holder beyond the thirty (30) calendar days for good cause shown. (3) Unless otherwise provided herein, the hearing before the special master shall be governed as provided in section 4 -30, Animal care and control special master hearing. (4) The denial, revocation or suspension of the permit shall be upheld or reversed by the special master. (5) All decisions by the special master shall be final and reviewable by writ of certiorari to the county circuit court. (6) The special master shall provide the applicant or permit holder with written notice of his /her decision. (9) Owner requirements following notice of adverse action and /or appeal process. (1) If the notice of adverse action of denial, revocation or suspension of a hobby breeder permit is not appealed, the applicant or permit holder shall come into compliance with this chapter within ten (10) days after the notice of adverse action. (2) Any person whose permit has been revoked may not reapply for a period of one (1) year. Each reapplication for a permit shall be accompanied by a fee to be established by the board by resolution. (h) Fee waiver. The division shall waive the annual hobby breeder permit fee for any person /applicant who applies for a hobby breeder permit on or before August 1, 2008, or for any person who applies for a permit within ninety (90) days of moving into the county and provides acceptable proof to the division of such relocation. For persons /applicants who apply for a hobby breeder permit during this period, the division shall also annually waive the fee for two (2) unaltered dog or cat license tags. The fee waiver shall remain in effect for a https: // library. municode. com /print.aspx ?h= &clientID= 10323 &HTNMequest =ht... 11/19/2013 Municode Page 64 of 68 hobby breeder so long as the hobby breeder remains in compliance with this chapter and F.S. ch. 828. (Ord. No. 08 -004, pt. 7, 2 -5 -08; Ord. No. 2011 -005, § 7, 3- 15 -11) Editors note — Ord. No. 08 -004, pt. 7, adopted February 5, 2008, amended the Code by renumbering former -4- 29 as a new 4 4 -31, and adding a new § 4-29 Sec. 4 -30. Animal care and control special master hearings. (a) The board of county commissioners shall appoint special masters who shall make decisions relating to any hearings that have been initiated as provided in this chapter. (b) An assistant county attorney shall serve as the prosecuting attorney for the division. (c) Upon request of the division, or at such other times as may be necessary, a hearing before a special master may be convened. A record shall be kept of all special master hearings and all hearings shall be open to the public. (d) At the hearing, the burden of proof shall be upon the division to show by a preponderance of the evidence that a violation of this chapter has occurred. (e) The division shall provide notice of any hearing before a special master to the alleged violator by U.S. Mail, electronic mail (with delivery receipt), facsimile (with delivery receipt), certified mail, or hand delivery. (fl All testimony shall be under oath and shall be recorded. The formal rules of evidence shall not apply but fundamental due process shall be observed and shall govern the proceedings. Upon determination of the special master, irrelevant, immaterial or unduly repetitious evidence may be excluded, but all other evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be admissible, whether or not such evidence would be admissible in a trial in the courts of the State of Florida. Any part of the evidence may be received in written form. (9) The special master may inquire of or question any witness present at the hearing. The alleged violator, his /her attorney, the division or attorney representing the division shall be permitted to inquire of or question any witness present at the hearing. The special master may consider testimony presented by the division, the alleged violator or any other witnesses. (h) At the conclusion of the hearing, the special master shall orally render his or her decision based on evidence entered into the record. The decision shall then be transmitted to the alleged violator in the form of a written order including findings of fact, and conclusions of law consistent with the record. All decisions of the special master shall be final. Unless otherwise provided in this chapter, the order may include a notice that it must be complied with by a specified date. (i) Any person may appeal a final order of a special master within thirty (30) days by filing a petition for writ of certiorari in the Circuit Court of the Fifteenth Judicial Circuit Court. U) The special master shall have the power to: (1) Subpoena alleged violators and witnesses to its hearings. Subpoenas may be served by a sheriff or other authorized persons consistent with Rule 1.410(d), Florida Rules of Civil Procedure upon request by the special master. (2) Subpoena records and other documentary materials. (3) Take testimony under oath. (4) Issue orders having the full force and effect of law to command whatever steps are necessary to bring a violation into compliance. https:H library. municode. com /print.aspx ?h= &clientID= 10323 &HTMRequest =ht... 11/19/2013 Municode Page 65 of 68 (5) Issue orders requiring an owner to reimburse the county for any costs incurred to care for an animal. (k) If the county prevails in any hearing before the special master, the alleged violator's appeal bond shall be forfeited, in whole or in part, to the county to the extent necessary to cover the cost of the special master. If the alleged violator prevails in any hearing before the special master, the appeal bond shall be returned to the alleged violator. (Ord. No. 98 -22, § 28, 6- 16 -98; Ord. No. 05 -044, § 5, 9- 27 -05; Ord. No. 08 -004, pt. 6, 2 -5 -08; Ord. No. 2011 -005, 9 8,3-15-11) V Note —See editor's note, 4 -28 Sec. 4 -31. Interference with enforcement. (a) It shall be unlawful for any person to knowingly hinder, resist or oppose any officer or employee of the division in the performance of his/her duties. (b) It shall be unlawful for any person to knowingly interfere with or damage any humane animal trap owned by the division or to molest or release any animal caught therein. (c) No animal that is the subject of a manner of keeping, animal cruelty, dangerous /vicious dog or animal bite investigation may be relocated or ownership transferred pending the outcome of the investigation. (Ord. No. 98 -22, § 29, 6- 16 -98; Ord. No. 08 -004, pt. 7, 2 -5 -08) Editor's note— Ord. No. 08 -004, pt. 7, adopted February 5, 2008, amended the Code by renumbering former4- 29 as a new § 4 -31. In order to prevent duplication of section numbers, former §§_A-_30-4-32 were renumbered as 4- 32 -4-34 at the discretion of the editor. Sec. 4 -32. Violations, civil infractions, civil penalties. (a) Any violation of this chapter is a civil infraction. (b) Any person who has committed an act in violation of this chapter shall receive a citation from the division by an animal control officer or law enforcement officer who has probable cause to believe that the person has committed a civil infraction in violation of this chapter. (c) The county court shall have jurisdiction over all violations of this chapter. (d) The county clerk shall: (1) Accept designated fines and issue receipts therefore. (2) Provide a uniform citation form serially numbered for notifying alleged violators to appear and answer to charges of violation of this chapter. Such citation forms shall be issued to and receipted by the division. (e) Violation of any provision of this chapter shall be punishable by a fine not to exceed five hundred dollars ($500.00). Any person who has violated any provision of this chapter shall be fined an amount as established by the board of county commissioners by resolution. M Any person issued an animal care and control citation shall be deemed to be charged with a civil violation and shall comply with the directives on the citation. (9) Payment shall be made, either by mail or in person, to the violations bureau within the time specified on the citation. If a person follows this procedure, he shall be deemed to have admitted the infraction and to have waived his right to a hearing on the issue of commission of the infraction. (h) All fines collected as a result of said citations (except those fines collected as a result of citations issued by municipal employees pursuant to subsection (n) herein, which shall be https:H library. municode. com /print.aspx ?h= &clientID= 10323 &HTMRequest =ht... 11/19/2013 Municode Page 66 of 68 remitted by the clerk of the court directly to the municipality issuing the citation) shall be paid into the county treasury and deposited into the general fund for animal care and control revenue. Pursuant to Florida Statutes, §§ 938.01, 938.17 and 938.19, mandatory costs shall be assessed against every person convicted of a violation of this chapter. (i) Any person who fails to make payment within the specified period shall be deemed to have waived his /her right to pay the civil penalty as set forth in the citation. G) Any person who elects to appear before the court to contest the citation shall be deemed to have waived his /her right to pay the civil penalty. The court, after a hearing, shall make a determination as to whether a violation has occurred and may impose a civil penalty not to exceed five hundred dollars ($500.00) plus court costs. (k) If a person fails to pay the civil penalty, or fails to appear in court to contest the citation, he shall be deemed to have waived his right to contest the citation; and in such case, a default judgment may be entered and the judge shall impose a fine at that time. An order to show cause may be issued. If the fine is paid, the case shall be dismissed. If the fine is not paid, judgment may be entered up to the maximum civil penalty. (I) Any person cited for an infraction under this chapter shall sign and accept the citation indicating a promise to pay the fine or appear in court. Any person who willfully refuses to sign and accept a citation issued by an officer shall be guilty of a misdemeanor of the second degree, punishable as provided by Florida Statutes, §§ 775.082 or 775.083. (m) The division may require mandatory court appearances for certain aggravated violations of this chapter resulting in the unprovoked biting, attacking or wounding of a domestic animal; violations resulting in the destruction or loss of personal property; or violations resulting in the issuance of a third or subsequent citation to a person. The citation shall clearly inform the person of the mandatory court appearance. The division shall maintain records to prove the number of citations issued to the person. Persons required to appear in court do not have the option of paying the fine instead of appearing in court. (n) Permission is hereby granted to employees working for county municipal governments to enforce this chapter through the issuance of citations when those employees have been certified as animal control officers pursuant to Florida Statutes, § 828.27(4)(a)l . Enforcement must be in cooperation with and receive the approval of the division. (o) Failure to comply with any provision of this chapter shall constitute a separate and distinct violation. (P) Each day a violation of any provision of this chapter exists shall constitute a separate and distinct violation. (Ord. No. 98 -22, § 30, 6- 16 -98; Ord, No. 08 -004, pt. 7, 2 -5 -08; Ord. No. 2011 -005, § 9, 3- 15 -11) Note —See editor's note, 4 -31 Sec. 4 -33. First offenders course. The board of county commissioners may implement by resolution an "animal care and control first offender's course." If implemented, persons found in violation of this chapter may choose to attend an animal control first offender's course in lieu of paying the fines as established by the board by resolution. If a person chooses to attend the animal control first offender's course and satisfactorily completes the course on or before the specified date, the violation shall be deemed a warning and considered as such on that person's animal control violation record. The course must be completed at the location, time and date specified on the citation. Failure to attend the course will result in the citation being processed as a first offense and an animal control violation and accompanying fine may be assessed against the person. The https: // library. municode. com /print.aspx ?h= &clientID= 10323 &HTMRequest =ht... 11/19/2013 Municode Page 67 of 68 resolution will delineate which type of offenders are eligible for the school and establish a fee for each person who attends. (Ord. No. 98 -22, § 31, 6- 16 -98; Ord. No. 08 -004, pt. 7, 2 -5 -08) Note —See editor's note, 4 -31 Sec. 4 -34. Dogs on the beach prohibited. (a) Intent and purpose. It is the intent and purpose of this section to protect and promote the health, safety, and welfare of the public at large, including residents and visitors to the county by providing reasonable regulations of the public's use and conduct on the beach. It is further intended that this section shall be liberally construed to effect such intent and purpose. (b) Applicability. This section shall apply to all beaches in the unincorporated areas of the county, except those that are located within county parks where dogs are prohibited from beaches pursuant to park rules and regulations, Ordinance No. 96 -44, as may be amended from time to time. This section shall not apply to beaches which do not have unrestricted public access from a public roadway. (c) Definitions. (1) Beach shall mean all sandy beach areas adjacent to the Atlantic Ocean inland of the low water mark within the confines of the county outside the limits of any municipality and outside any county park. (2) Dog shall mean the domestic dog, Canis familiaris. (3) Person shall mean natural persons, including firms, associations, joint ventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups and combinations. (d) Dogs on the beach. It shall be unlawful for any person who owns, or has under his control, any dog, to permit such dog, by intent or neglect, to go upon the beach. This section shall not apply to: (1) Any dog, as defined under the American Disabilities Act, Rules and Regulations Regarding Service Animals, 28 Code of Federal Regulations (CFR), Part 36, Subpart A- General 36.104, trained to aid individuals with a disability, including but not limited to sight impaired persons or hearing impaired persons. Such dog must actually be used to assist such persons upon the beach. (2) Police dogs owned by any state, county or municipal police department or any state or federal law enforcement agency, which has been trained to aid law enforcement officers and is actually being used for police work purposes upon the beach. (e) Enforcement. (1) The provisions of this section shall be enforceable by law enforcement officers within their jurisdiction. (2) This section is enforceable by all means provided by law. Additionally, the county may choose to enforce this section by seeking injunctive relief in the circuit court of the county. In addition to the enforcement procedures provided herein, this section may be enforced by any other means provided by law, by actions at law and in equity, and if the county prevails in such action, the county shall be entitled to its costs and reasonable attorney's fees incurred in such action. (f) Interference with enforcement. (1) It shall be a violation of this section for any person to knowingly hinder, resist or oppose any law enforcement officer in the performance of his/her duties. https:// library. municode. com /print.aspx ?h= &clientID= 10323 &HTMRequest =ht... 11/19/2013 Municode Page 68 of 68 (2) It shall be a violation of this section for any person to knowingly provide any law enforcement officer with false information. (9) Penalty. Failure to comply with the provisions set forth in this section shall constitute a violation of a county ordinance and shall be punished upon conviction, pursuant to F.S. § 125.69(1), by a fine not to exceed five hundred dollars ($500.00) per violation per day for as long as the violation continues or imprisonment not exceeding sixty (60) days, or both fine and imprisonment. (Ord. No. 04 -019, §§ 1 -7, 7- 13 -04; Ord. No. 08 -004, pt 7, 2 -5 -08) Note —See editors note, § 4 -31 Cross reference— Park rules, § 21 -16 et seq. FOOTNOTE(S): - -- (1) - -- Editor's note —Ord. No. 98 -22, §§ 1 -31, adopted June 16, 1998, amended the Code by repealing former Ch. 4, §§ 4- 1 -4 -21, 4- 31 -4 -35, 4- 51 -4 -56, 4 -66, and 4 -67, and adding a new Ch. 4, §§ 4- 1 -4 -31. Former Ch. 4 pertained to similar subject matter and derived from Ord. No. 79 -16, adopted December 4, 1979; Ord. No. 82 -9, adopted March 23, 1982; Ord. No. 89 -2, adopted March 3, 1989; Ord. No. 92 -7, adopted April 21, 1992; and Ord. No. 93 -24, adopted September 21, 1993. Back State Law reference— Home rule powers of chartered counties, Fla. Const., art. Vlll, § 1(g). Back https: // library. municode .com /print.aspx ?h= &clientID= 10323 &HTNMequest =ht... 11/19/2013 Municode Page 1 of 40 Broward County, Florida, Code of Ordinances >> PART II - CODE OF ORDINANCES >> Chapter 4 ANIMALS >> Chapter 4 ANIMALS L+1 Sec. 4 -1. Short title and intent. Sec. 4 -2. Definitions. Sec. 4 -3. Dogs at large prohibited. Sec. 4 -4. Nuisance dogs and cats. Sec. 4 -5. Impoundment. Sec. 4 -6. Care of dogs and cats: manner of keeping Sec. 4 -6.5. Breeder permits and reauirements. Sec. 4 -7. Adoption, rescue, and redemption of dogs and cats. Sec. 4 -8. Permitting dogs or cats to commit a nuisance. Sec. 4 -8.5. Tethering of dogs. Sec. 4 -9. Unwanted dogs or cats. Sec. 4 -10. Rabies vaccination reauired for dogs, cats, and ferrets. Sec. 4 -11. Registration of dogs and cats. Sec. 4 -11.5. Aggressive dog classification procedures requirements owner responsibilities and penalties Sec. 4 -12. Dangerous dog classification procedures reauirements owner responsibilities and penalties Sec. 4 -12.5. Hearings. Sec. 4 -13. Guard dogs. Sec. 4 -14. Reporting bites from dogs, cats, or ferrets Sec. 4 -14.5. Dog and cat bites with injuries. Sec. 4 -15. Bite cases without injuries suspected rabies cases Sec. 4 -16. Surrender of animals for auarantine. Sec. 4 -17. Cruelty to animals. Sec. 4 -18. Exposing animals to poison. Sec. 4 -19. Abandonment of animals. Sec. 4 -20. Fighting or baiting animals prohibited. Sec. 4 -21. Medical experimentation. Sec. 4 -22. Report of injury to animal. Sec. 4 -23. Harboring of stray animals. Sec. 4 -24. Dogs and cats in state of pain and suffering. Sec. 4 -25. Interference with officer prohibited. Sec. 4 -26. Ownership of wild animals prohibited. Sec. 4 -27. Dogs or cats prohibited in parks and on beaches Sec. 4 -28. Enforcement of violations. Sec. 4 -29. Amount of civil penalties. Sec. 4 -30. Animal Care Trust Fund Account. Sec. 4 -31. Rules, regulations, and fees. Sec. 4 -32. Dogs and cats in vehicles. Sec. 4 -33. Impounded unsterilized dogs and cats. Sec. 4 -34. Animal Care and Ado t_A ion Victim Trust Fund. Sec. 4 -1. Short title and intent. http://Iibrary.municode.com/print.aspx?h=&clientlD=10288&HT... 4/11/2014 Municode Page 2 of 40 This chapter shall be known and may be cited as the Broward County Animal Care and Adoption Ordinance and shall serve to define the requirements and regulate the care and adoption of animals in Broward County. (Ord. No. 87 -21, § 1, 5- 12 -87; Ord. No. 95 -42, § 1, 10- 24 -95; Ord. No. 2013 -10, § 1, 2- 12 -13) Sec. 4 -2. Definitions. For the purposes of this chapter, the following terms shall have the meanings indicated. No attempt is made to define any words which are used in accordance with their established dictionary meaning, except when necessary to avoid misunderstandings. (a) Abandon shall mean to forsake an animal in a street, road, or public or private place without providing for the care, sustenance, protection, and shelter of such animal. (b) Aggressive dog shall mean any dog that, according to the records of the Division, has killed a domestic animal while unprovoked and off the owner's property. (c) Animal shall mean every living vertebrate other than a human being. (d) Animal care specialist shall mean any person employed by the County, or such agents or employees as are lawfully designated by such animal care specialist to perform the duties of such animal care specialist, who is authorized to investigate, on public or private property, civil infractions relating to animal control or cruelty and to issue citations as provided herein. An animal care specialist is not authorized to bear arms or make arrests. (e) Animal rescue organization shall mean a humane society or other non - profit organization that is dedicated to the protection of domestic animals, duly registered with the Florida Department of State, and properly organized as a charitable organization under Section 501 (c)(3) of the Internal Revenue Code. (f) At large shall mean not on the owner's property, and not under restraint or the direct control, custody, charge, or possession of the owner or other responsible person. (g) Citation shall mean a written notice or an electronically - generated notice, issued to a person by an officer, or by the Division, with probable cause to believe that the person has committed a civil infraction in violation of this chapter. (h) Commission shall mean the Board of County Commissioners of Broward County, Florida. (i) Community cat shall mean any free - roaming, unowned cat living in a particular area as part of a colony of cats that may be cared for by one (1) or more known or unknown residents of the immediate area where the colony is based. A community cat may or may not be feral. Community cats may be returned to the colony once registered and neutered through a County or other program designed to trap, neuter and return cats to their colony. U) Control shall mean the regulation of the possession, ownership, care, and custody of animals. (k) County shall mean Broward County. (I) Cruelty shall mean action, omission to act, or neglect by which unnecessary or unjustifiable pain or suffering is caused, permitted, or allowed to continue when there is reasonable remedy or relief, except when done in the interest of medical science and performed in compliance with applicable Florida Statutes, rules, and regulations. (m) Dangerous dog means any dog that according to the records of the Division: (1) Has aggressively bitten, attacked, endangered, or inflicted severe injury on, a human being on public or private property; (2) http: // library. municode .com /print.aspx ?h= &clientID= 10288 &HT... 4/11/2014 Municode Page 3 of 40 Has more than once severely injured or killed a domestic animal while off the owner's property; or (3) Has, when not under the direct control of any person and, when unprovoked, chased or approached a person upon the streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack, provided that such actions are attested to in a sworn statement by one (1) or more persons and dutifully investigated by the appropriate authority. Notwithstanding anything else contained in this chapter, a dog shall not be classified by the Division or a Hearing Officer as dangerous if the threat, injury, or damage sustained by a person was sustained at a time when the person was unlawfully on the property of the dog's owner, or while a person was lawfully on the property of the dog's owner but was tormenting, abusing, or assaulting the dog, its owner, or a family member or guest of the owner; or if the dog was protecting or defending a human being within the immediate vicinity of the dog from an unjustified attack or assault. (n) "Direct control" shall mean immediate, continuous physical control of an animal at all times, such as by means of a fence, leash, cord, or chain of sufficient strength to restrain the animal. (o) Director shall mean the Director of the Permitting, Licensing and Consumer Protection Division for Broward County, or any successor agency. (P) Division shall mean the Broward County Permitting, Licensing and Consumer Protection Division, Animal Care and Adoption Section. (q) Domestic animal shall mean any equine or bovine animal, goat, sheep, swine, domestic cat, dog, poultry, ostrich, emu, rhea, or other tamed, raised, or kept beast or bird. (r) Feral means a wild animal that exists in an untamed state or that has returned to an untamed state generally not socialized to human contact and is no longer considered domesticated. Feral animals shall include, but not be limited to cats, dogs, and hogs. (s) Foster shall mean to provide a transition from intake by the Division to an adoptable age or status for dogs and cats by maintaining human contact with the fostered animal in a home- like environment. (t) Harboring shall mean the act of keeping and caring for an animal, or of providing premises to which the animal returns for food, shelter, or care for a period of at least forty-eight (48) hours. Harboring shall not include circumstances in which an individual captures, locates, and attempts to find the animal's owner in good faith. Harboring shall also not include the keeping of stray animals, including but not limited to community cats, pursuant to County programs designed to reduce pet overpopulation and infectious diseases. (u) Health Department shall mean the Florida Department of Health. (v) Hoarding shall mean the intentional accumulation of a group of animals which has overwhelmed a person's ability to provide minimal standards of nutrition, sanitation, and care to the animals, coupled with an inability or refusal to acknowledge that the condition of the animals is deteriorating. (w) Home conf<nement shall mean that the animal is kept isolated from the public within the owner's physical dwelling or attachment thereon or, if outside, properly secured in the owner's yard or under the direct control of the owner or member of the owner's family. (x) Individual with disability shall mean a person who is visually impaired, blind, hearing impaired, deaf, or physically challenged, or a similarly health- impaired person who by reason thereof is aided by a service animal. (Y) http://Iibrary.municode.com/print.aspx?h=&clientlD=10288&HT... 4/11/2014 Municode Page 4 of 40 Kennel shall mean any place of business at which dogs or cats are kept for sale, breeding, boarding, treatment, or grooming purposes as allowed by the applicable zoning regulations. "Kennel" shall not include any humane society, animal protection agency, veterinarian clinic, or hobby breeder. (Z) Officer shall mean any law enforcement officer as defined in Section 943.10, Florida Statutes, or any animal care specialist. (aa) Owner shall mean any natural person, firm, association, or corporation that owns, keeps, or harbors an animal. For purposes of this chapter, the knowledge and acts of agents and employees of business entities in regard to animals transported, owned, employed by, or in the custody of a business entity shall be deemed to be the knowledge and act of such business entity. If the owner is a minor as defined by statute, the minor's parent(s) or legal guardian(s) shall be deemed the owner for purposes of this chapter. (bb) Proper enclosure of a dangerous dog shall mean that, while on the owner's property, a dangerous dog is securely confined indoors or in a securely enclosed and locked pen or structure, suitable to prevent the entry of young children and adequately designed to prevent the animal from escaping. Such pen or structure shall have secure sides and a secure top to prevent the dog from escaping over, under, or through the structure, shall provide access to clean water and food, and shall also provide protection from the elements. (cc) Rabies vaccination shall mean the vaccination of a dog, cat, or ferret with a rabies vaccine approved by the United States Department of Agriculture and the Compendium of Rabies Control developed by the National Association of State Public Health Veterinarians or other organization as authorized pursuant to the Florida Statutes and administered by a veterinarian. (dd) Rescue Partnership, Animal Rescue Group, or Rescue Group means a group of persons who possess a current, valid Broward County Rescue Partner agreement, hold themselves out as an animal rescue group, accept or solicit dogs, cats, or other animals with the intent of finding permanent adoptive homes or providing lifelong care for such dogs, cats, or other animals, and who use foster homes as the primary means of housing animals; or a group of persons formed for the prevention of cruelty to animals. (ee) Service animal shall mean an animal individually trained to do work or perform tasks for the benefit of an individual with a disability (as defined in the Americans with Disabilities Act of 1990, 42 U.S.C. Section 12102), including without limitation, guiding individuals with impaired vision, alerting individuals with impaired hearing to intruders or sounds, providing minimal protection or rescue work, pulling a wheelchair, or fetching dropped items. Additionally, "service animal" shall mean an animal used for medical reasons, including without limitation, cancer, diabetes, and seizure detection, and any animal used for emotional support pursuant to a doctor's prescription. M Severe injury shall mean any physical injury to a human being or domestic animal that results in broken bones, multiple bites, or disfiguring lacerations requiring sutures or reconstructive surgery, or as further defined in Section 767.11, Florida Statutes. (99) Stray shall mean any dog or cat that is found to be at large, whether lost by its owner or otherwise, or that is on the common areas of apartments, condominiums, trailer parks, or other multi - residential premises, that does not have an identification tag, and for which there is no identifiable owner. (hh) Unprovoked shall mean that the victim, who has been conducting himself or herself peacefully and lawfully, has been bitten or chased in a menacing fashion or attacked by a dog or cat. (ii) http: / /Iibrary.municode.com/ print .aspx ?h= &clientID= 10288 &HT... 4/11/2014 Municode Page 5 of 40 Veterinarian shall mean a veterinarian duly licensed and regulated by the State of Florida in accordance with Chapter 474, Florida Statutes. 6j) Wild animal shall mean any nonhuman primate, raccoon, skunk, fox, poisonous snake, leopard, panther, tiger, lion, lynx, or any other animal so classified by the Florida Game and Fresh Water Fish Commission. (kk) Wildlife trapper or nuisance trapper shall mean an individual or business charging a fee and acting as an agent for a property owner, legal occupant, or local jurisdiction or agency to take nuisance animals, including feral cats and wildlife, for the purpose of controlling or preventing property damage, preventing a threat to public safety, alleviating nuisance problems, or resolving public health risk concerns. (II) Breeder shall mean any person who engages in the sale, stud, or breeding of either dogs or cats. (mm) OCVI Health Certificate shall mean "Official Certificate of Veterinary Inspection for Intrastate Sale of a Dog or Cat," Form DACS- 09085, issued in accordance with Section 828.29, Florida Statutes, by a Florida licensed veterinarian accredited by the United States Department of Agriculture. (Ord. No. 87 -21, § 1, 5- 12 -87,• Ord. No. 95 -42, § 2, 10- 24 -95, Ord. No. 1998 -41, § 1, 11- 10 -98, Ord. No. 1999 -72, § 1, 12- 14-99, Ord. No. 2001 -56, § 1, 11- 13 -01; 2001 -67, § 1, 12- 11 -00; Ord. No. 2002 -23, § 1, 6- 11 -02, Ord. No. 2005 -35, § 1, 9- 13 -05, Ord. No. 2008 -21, § 1, 5- 13 -08, Ord. No. 2011 -03, § 1, 1- 25 -11; Ord. No. 2013 -10, § 1, 2 -12- 13; Ord. No. 2013 -34, § 1, 10 -8 -13) Sec. 4 -3. Dogs at urge prohibited. (a) It shall be a violation of this section for any person to permit any dog to be at large as defined herein. (b) No dog shall be allowed to stray, run, or go at large upon any public property or street, sidewalk, park, or on the private property of another without the consent of the property owner. (c) Any dog that is on private property without the consent of the property owner or resident may be captured in a humane trap or otherwise humanely confined. A person capturing an at- large dog will be responsible for the humane care of the dog until the captured dog is turned over to the Division, or other humane organization, or licensed wildlife trapper. A person shall not entice a dog to become at large for the purpose of trapping or apprehending when that dog would otherwise not be at large. (d) Any person confining or leashing a dog must do so in a manner that is not injurious to the dog's health. (e) In order for a dog to be allowed on a public street, road, park, or other public property, unless otherwise specifically permitted, the dog shall be under the direct control of the owner or keeper, except while hunting, pursuant to a permit or during an obedience demonstration, show, trial, training exercise, competition, show, match, or an educational program, if sufficient precautions are taken by the owner of the dog, or sponsor of the event to ensure the safety and protection of both the public and other animals. (f) The owner of any dog at large that has attacked or bitten any person or domestic animal in an unprovoked attack shall be in violation of this section. (9) "At Large" shall not include dogs actually working livestock, guarding livestock, or being trained to work livestock. (h) An officer shall issue a citation for any dog found by the officer to be at large as provided in Section 4 -28. Additionally, the officer may seize and impound the at -large dog. http://Iibrary.municode.com/print.aspx?h=&clientID=10288&HT... 4/11/2014 Municode Page 6 of 40 (Ord. No. 87 -21, § 1, 5- 12 -87, Ord. No. 1998 -41, § 2, 11- 10 -98, Ord. No. 2001 -67, § 2, 12- 11 -01; Ord. No. 2002 -23, § 2, 6- 11 -02; Ord. No. 2013 -10, § 1, 2- 12 -13) Sec. 4 -4. 14uisance dogs and cats. Any dog or cat found to be a nuisance pursuant to Section 4 -8, and removed to a designated County animal shelter facility, shall be impounded in accordance with Section 4 -5. (Ord. No. 87 -21, § 1, 5- 12 -87, Ord. No. 95-42, § 3, 10- 24 -95, Ord. No. 1998 -41, § 3, 11- 10 -98, Ord. No. 2013 -10, § 1,2-12-13) Sec. 4 -5. Impoundment. (a) The Division may impound and keep a dog or cat at a place maintained or designated for that purpose whenever: (1) The dog or cat is a stray or has been found at large in any manner in violation of Section 4 -3 (2) The dog's or cat's owner has voluntarily surrendered ownership of the animal to the Division; (3) The dog or cat has been abandoned. A dog or cat shall be deemed abandoned if it has been placed in the custody of a licensed veterinarian or kennel and it has not been redeemed after a period of more than ten (10) days after written notice is given to the owner or the owner's agent at the last known address. Any such dog or cat may be turned over to the Division for disposition in any lawful manner at the discretion of the Director or designee, as provided in Section 705.19, Florida Statutes. Abandonment shall constitute the relinquishment of all rights and claims by the owner to such dog or cat; (4) An animal care specialist finds that the dog or cat is or will be without proper care because the owner is unable to care for the dog or cat due to injury, illness, incarceration, or other involuntary absence; or (5) The Division receives the dog or cat from a law enforcement agency. (b) Prior to disposing of any dog or cat, the Division shall make reasonable efforts to identify and notify the owner of the dog or cat. The owner may redeem the dog or cat upon payment of the redemption fees provided for by resolution of the Commission. Missing dogs or cats may be reported to the Division on forms prescribed for that purpose by the Director. A dog or cat voluntarily surrendered by its owner to the Division, however, shall become the immediate property of the Division and may be immediately disposed of pursuant to this section. (c) Confinement period. Dogs or cats impounded pursuant to this section and not claimed by the owner of the dog or cat shall be held and not disposed of by the Division for a period of at least seventy -two (72) hours after impoundment and prior to disposition, except as provided herein: (1) The confinement period before disposition shall be at least one hundred twenty (120) hours for any dog or cat that is wearing a rabies registration tag or other traceable identification. (2) The confinement period before disposition shall be at least one hundred twenty (120) hours for dogs or cats impounded because the owner is unable to care for the animal due to injury, illness, incarceration, or other involuntary absence, and for dogs or cats received from a law enforcement agency. (3) http://library.municode.com/print.aspx?h=&clientlD=10288&HT... 4/11/2014 Municode Page 7 of 40 The confinement period before disposition for dogs and cats less than four (4) months of age shall be twenty -four (24) hours to enable the dog or cat to be placed at either a foster home or an appropriate facility to protect the health of the dog or cat. (4) Dogs and cats that have been abandoned while in the custody of a licensed veterinarian or kennel and that have been turned over to the Division after the ten (10) day notice period required by Section 705.19, Florida Statutes, shall not be subject to any confinement period. (5) In the event that the Mayor declares a State of Emergency in Broward County, the Director, taking into account the number of animals in the custody of the Division at that time, may increase or decrease the holding periods contained in this section as circumstances may require. (d) Dogs or cats impounded by the Division shall be released to their owner upon presentation of proof of ownership and after proper vaccination, licensing, and payment of impounding fees and redemption charges established by resolution of the Commission. An owner's agent may redeem an animal upon presentation of the foregoing information as well as proof of agency. (1) For purposes of this section, proof of ownership may include: information registered with the Division; information contained on a microchip implanted in the animal and registered with the Division or the applicable national microchip registry; pictures of the animal; and evidence provided by a licensed veterinarian who has treated the animal. (2) Additional fees or redemption charges established by resolution of the Commission shall be assessed upon the release of the dog or cat if the impounded dog or cat is not either spayed or neutered or if, within a twelve (12) month period, an owner has redeemed more than one (1) animal or the same animal on more than one (1) occasion. (e) Those dogs or cats not redeemed by an owner within the confinement periods described in (c) above may, at the discretion of the Director or designee, be put up for adoption, released to approved animal rescue organizations, humanely euthanized, or disposed of in such other humane manner as the Director or designee shall deem appropriate. It is provided, however, that such animals may not be released to any medical school, college, university, person, firm, association, corporation, or individual for experimentation or vivisection purposes, or to any person, firm, association, corporation, or individual providing, selling, or supplying animals to any medical school, college, university, person, firm, association, corporation, or individual for experimentation or vivisection purposes. (f) Nothing contained in this section shall restrict the ability of an officer to take custody of a neglected or mistreated animal as provided in Section 828.073, Florida Statutes. (Ord. No. 87 -21, § 1, 5- 12 -87, Ord. No. 95 -42, § 4, 10- 24 -95; Ord. No. 2013 -10, § 1, 2- 12 -13) Sec. 4 -6. Care of dogs and cats; manner of keeping. (a) It shall be unlawful for any person keeping a dog or cat to fail to provide: (1) Clean, sanitary, safe, and humane conditions; (2) Sufficient quantities of appropriate food daily; (3) Proper air ventilation and circulation; (4) Adequate quantities of visible, clean, and fresh water available at all times; and (5) http://library.municode.com/print.aspx?h=&clientID=10288&HT... 4/11/2014 Municode Page 8 of 40 Medical attention or necessary veterinary care when the dog or cat is sick, diseased, or injured. Upon request of the Division, written proof of medical attention or veterinary care must be provided. (b) Any unspayed female dog or cat in heat (estrus) shall be confined during such period of time in a house, building, or secure enclosure. Such enclosure shall be constructed so that no other dog or cat may gain access to the confined animal, except for intentional breeding purposes. (c) Dogs or cats with a known history of fighting should not be confined together or be allowed to be accessible to each other. (d) It shall be unlawful for any person keeping a dog or cat to fail to provide shelter for that animal. Outdoor shelter for dogs and cats must be of sound construction and provide adequate protection from rain, wind, sun, and all elements at all times. The following elements shall be provided as essential components of shelter: (1) When the outdoor temperature falls below forty-five (45) degrees Fahrenheit, all cats and those dogs that cannot tolerate such temperatures without stress or undue discomfort (i.e., short- haired breeds, sick, aged, young, or infirm) must be protected from the cold and heat by being moved indoors or provided adequate heating to maintain the air temperature above forty-five (45) degrees Fahrenheit. When the outdoor temperature rises above eighty -five (85) degrees Fahrenheit, all dogs and cats must be provided air conditioning, a fan, or another cooling source to maintain the temperature in the shelter at or below eighty -five (85) degrees Fahrenheit. (2) Clean and dry bedding material. (3) Sufficient space for each dog or cat to comfortably stand up, sit down, lie down, and turn around in the shelter, without touching the top or sides of the shelter. If the shelter is used for more than one (1) dog or cat at the same time, it must provide enough space for both animals to comfortably stand up, sit down, lie down, and turn around simultaneously. (4) A solid weatherproof roof, a solid sanitary floor, and adequate ventilation. (5) All areas where dogs and cats are kept must be cleaned and the fecal matter disposed of in a sealed trash receptacle so as not to attract insects or rodents, become unsightly, or cause objectionable odor. (e) Any dog weighing twenty (20) pounds or less that is maintained outdoors for all or part of the day in a fenced yard or other type of enclosure shall be provided a minimum of one hundred (100) square feet of open space. Any dog weighing more than twenty (20) pounds that is maintained outdoors for all or part of the day in a fenced yard or other type of enclosure shall be provided a minimum of two hundred (200) square feet of open space. An additional forty (40) square feet shall be required for each additional dog kept in the same enclosed area. The enclosed area shall be large enough to provide each dog sufficient shelter within the required open space. Any enclosed area where a dog is confined shall be kept free of objects that may injure the dog. Dogs shall not be maintained outdoors during periods of extreme weather including, but not limited to, hurricanes, tropical storms, and tornados. (f) Dogs shall be given appropriate daily exercise. (g) Hoarding of dogs or cats is not permitted and shall be deemed cruelty to animals pursuant to Section 4 -17 (Ord. No. 87 -21, § 1, 5- 12 -87,• Ord. No. 2013 -10, § 1, 2- 12 -13) Sec. 4 -6.5. Breeder permits and requirements. http://library.municode.com/print.aspx?h=&clientlD=10288&HT... 4/11/2014 Municode Page 9 of 40 (a) No breeder shall cause or allow the breeding of a dog or cat, or offer a dog or cat for breeding or stud purposes, without first obtaining a breeder permit issued by the Division. The cost of the permit and other related fees shall be established by the Commission by resolution. (b) A breeder permit is valid for a period of one (1) year from the date of issuance and must be renewed annually. Renewal applications for permits shall be made at least thirty (30) days prior to expiration. (c) No permit shall be renewed hereunder to any applicant that has outstanding and unsatisfied civil penalties imposed due to violations of this article. (d) A breeder permit is not transferable, assignable, or refundable. (e) Breeders shall comply with the following: (1) Keep records, for the duration of the breeder permit and all permit renewals, of the birth of each litter of puppies or kittens, and make such records available for review by the Division upon request; (2) For a period of at least three (3) years, keep veterinary records of rabies vaccinations, all other inoculations, and any medical condition(s) of each dog, cat, puppy, or kitten bred to be sold, given away, or otherwise conveyed; (3) On a yearly basis, provide to the Division the name, address, and telephone number of the new owner of each dog, cat, puppy, or kitten sold, given away, or conveyed that remains within Broward County; (4) Furnish to each new owner of a dog, cat, puppy, or kitten the breeder permit number, providing proof and assurance that the animal was legally bred, the microchip number of the animal, and a copy of the OCVI Health Certificate; (5) Not offer a puppy or kitten under the age of eight (8) weeks for sale, trade, other compensation, or gift, with the exception of animals taken to an animal shelter; (6) Not breed or offer for stud any animal that will result in more than a total of one (1) litter per adult animal per calendar year, provided, however, that stud services may be provided outside of Broward County more than one (1) time per calendar year. Stud services means the act of mating a male dog or cat, either artificially or naturally, with a female dog or cat for compensation, monetary or otherwise, provided to the owner of the male dog or cat; (7) Recommend to each new owner that any animal sold, transferred, or given away be examined by a licensed veterinarian within one (1) week of the date of transfer and notify the new owner of state and local requirements for rabies vaccinations and County registration; (8) List the breeder permit number on all advertisements and literature concerning the sale or gift of any dog, cat, puppy, or kitten of the breeder; (9) Adhere to minimum standards regarding the care and manner of keeping of animals, as provided in Section 4 -6 of this article; (10) Provide a valid, current OCVI Health Certificate for inspection, with all dogs and cats offered for sale, exchange, or other conveyance, at the time they are conveyed; (11) Provide a medical history of the sire and dam as well as, when possible, a medical family history of the sire and dam; (12) Present a copy of a valid, current OCVI Health Certificate to any animal care specialist upon demand for review, provided, however, that animal shelters and rescue groups offering animals for adoption are exempt from this requirement; and (13) http://library.municode.com/print.aspx?h=&clientID=10288&HT... 4/11/2014 Municode Page 10 of 40 Allow an animal care specialist to view each animal that is the subject of a breeder permit and to inspect the premises unannounced and unscheduled where the animal is maintained. Such inspection will be limited to that necessary to ascertain compliance with Section 4 -6. If a breeder refuses to allow the animal care specialist to perform such inspection, the Division may apply for a warrant pursuant to applicable provisions of Chapter 933, Florida Statutes. (fl Obtaining a breeder permit. (�) A person seeking a breeder permit shall apply to the Division on a form approved by the Division. (2) The permit application shall include, but not be limited to, the following information: a• The name, address, and telephone number of the applicant; b• A statement as to whether the applicant has ever been found to have violated the prohibitions against cruelty to animals in this article, or has been convicted of the offense of cruelty to animals, under State law, or has been the subject of a final judgment entered under Section 828.073, Florida Statutes, or any other Florida statute prohibiting animal neglect or mistreatment; C. A description (species, breed, sex, age, coloration) of each animal to be bred or used for stud under the permit; d• A description of the activity for which the permit is requested; and e• Verifiable proof that all required animals are current on rabies vaccination and registration. (3) If the applicant withholds or falsifies any information on the application, no permit shall be issued and any permit previously issued to the applicant based on false or withheld information shall be revoked. (4) No person previously found by a Hearing Officer to be in violation of the cruelty section of this chapter, or convicted of cruelty to animals pursuant to Section 828.073, Florida Statutes, or who has been the subject of a final judgment pursuant to Section 828.073, Florida Statutes, or any other Florida statute prohibiting animal neglect or mistreatment, shall be issued a breeder permit. (9) Permit procedures. (�) The permit applicant shall provide a completed application to the Division, supply all information requested by the Division, and pay the applicable permit fee. (2) Permit applications shall remain open for thirty (30) days from the date of submittal to the Division in order for applicants to make corrections and to meet minimum requirements. (h) Exemption for veterinarians, animal hospitals. Licensed veterinarians and licensed animal hospitals providing animal reproduction and related veterinary services in the course of their business shall be exempt from this ordinance. (i) Violations. (1) Failure by a breeder to obtain a permit prior to using or offering to use an animal for breeding or stud shall constitute a violation. (2) Reapplication by a breeder for a permit less than thirty (30) days before the expiration of the existing permit shall constitute a violation. (3) Refusal by a breeder to allow an animal care specialist to inspect an animal or the premises as provided -in this article shall constitute a violation. (4) Counterfeiting a breeder permit or OCVI Health Certificate or maliciously destroying a breeder permit shall constitute a violation. http: / /library.municode.com/ print .aspx ?h= &clientlD= 10288 &HT... 4/11/2014 Municode Page 11 of 40 Q) Permit denial, revocation, and suspension. (1) The Division may deny, revoke, or suspend any permit if it is determined that: a• There has been a material misstatement or misrepresentation in the permit application; b• The applicant or permit holder has been held in violation for at least three (3) violations of this article within the preceding two -year period; C. The applicant or permit holder has failed to pay a fine or to request a hearing as provided in this article within thirty (30) days after issuance of a violation; d• The applicant or permit holder has been found by a Hearing Officer to be in violation of the cruelty section of this chapter, or convicted of a violation of law involving cruelty to animals, or has been subject to a final judgment pursuant to Section 828.073, Florida Statutes; e. An animal under the care and responsibility of an applicant or permit holder has been found to be in need of immediate veterinary care that, if not treated, would result in suffering, pain, or death, and the applicant or permit holder did not address the medical need in a timely manner; or f• A breeder has exceeded the maximum number of litters permitted per calendar year. (2) No permit fee shall be refunded for a permit that is revoked or suspended. (3) If a permit is either denied, revoked, or suspended, the Division shall provide written notification of the denial, revocation, or suspension to the applicant or permit holder by certified mail, return receipt requested; hand delivery by an officer evidenced by an affidavit of delivery; or service in conformance with the provisions of Chapter 48, Florida Statutes, relating to service of process. (4) Appeal process. a Any permit applicant or holder who has been denied a permit or whose permit has been revoked or suspended may appeal this action to a Hearing Officer pursuant to Section 4 -12.5, within ten (10) days after the mailing of notice by the Division to the permit applicant or holder of the adverse action. A written notice of appeal and Hearing Officer deposit must be filed with the Division within ten (10) days after the notification of the denial, revocation, or suspension of the permit. b• Unless otherwise provided herein, the hearing before the Hearing Officer shall be governed by Section 4 -12.5, "Hearings." C. The denial, revocation or suspension of the permit shall be upheld or reversed by the Hearing Officer. d• All final decisions to uphold or reverse shall be reviewable in accordance with applicable court rules. (5) Owner requirements following notice of adverse action or appeal process. a . If the notice of adverse action of denial or revocation of a breeder permit is not appealed, the permit applicant or holder shall not operate or shall cease to operate as a breeder. If the notice of adverse action of suspension of a breeder permit is not appealed, the permit applicant or holder shall not operate or shall cease to operate as a breeder pending the Division's determination of compliance. b• Any person whose permit has been revoked may not reapply for a period of one (1) year after the revocation of the permit. Each reapplication for a permit http://library.municode.com/print.aspx?h=&clientlD=10288&HT... 4/11/2014 Municode Page 12 of 40 shall be accompanied by a fee to be established by the Commission by resolution. (k) Violations of this article are subject to a fine as established by the Commission by resolution. Each violation of this article shall be considered a separate infraction of this article. (I) All fees and fines associated with this section shall be utilized for spay and neuter programs. (Ord. No. 2013 -34, § 2, 10 -8 -13) Sec. 4 -7. Adoption, rescue, and redemption of dogs and cats. (a) Dogs and cats which have been impounded and are not suffering from or suspected to have an infectious or contagious disease, which have not been injured to such an extent that it would cause, in the opinion of the County veterinarian, unjustifiable pain or suffering, and which have not demonstrated extreme aggression against humans or other animals, shall be held for redemption for the time period specified in Section 4 -5. Those dogs and cats not claimed within the time limit specified in Section 4 -5 become property of the County and may be placed for adoption or rescue or may be disposed of in a humane manner. The Division shall attempt to contact the owner of any dog or cat impounded and wearing an identification tag or other traceable identification before humane disposition of the dog or cat. (b) Dogs and cats that have been impounded shall be released to their owners upon presentation of proof of ownership and upon payment of fees, including a reclaim fee, rabies vaccination or registration fee, and boarding fees, if applicable. Said fees shall be established by resolution of the Commission. (c) Dogs and cats placed for adoption or rescue shall be vaccinated, registered by Broward County, and sterilized before custody is relinquished. (d) Any individual interested in adopting a dog or cat which is still impounded for the required confinement period may indicate his or her interest by completing an adoption application and paying an adoption fee deposit in the amount set by resolution. The prospective adopter must have his or her adoption application approved by staff prior to paying the adoption fee deposit. (1) In the event the County veterinarian or designee determines that the dog or cat is not adoptable, the adoption fee deposit will be returned to the prospective adopter. (2) In the event the County veterinarian or designee determines that the dog or cat is adoptable and the prospective adopter adopts the dog or cat, the adoption fee deposit shall be deducted from the adoption fee. (3) In the event the County veterinarian or designee determines that the dog or cat is adoptable and the prospective adopter does not adopt the dog or cat, the Division shall retain the adoption fee deposit. (Ord. No. 87 -21, § 1, 5- 12 -87,• Ord. No. 95 -42, § 5,10-24-95, Ord. No. 1998 -41, § 4, 11- 10 -98, Ord. No. 2013 -10, § 1,2-12-13) Sec. 4 -8. Permitting dogs or cats to commit a nuisance. (a) It shall be a violation of this section and it shall be deemed to be a nuisance for any person who owns or harbors any dog or cat to permit said animal to defecate upon: (1) The sidewalk of any public street; or (2) Any public park or beach, or school ground, other than in areas designated for that purpose; or (3) http: / /library.municode.com/ print .aspx ?h= &clientlD= 10288 &HT... 4/11/2014 Municode Page 13 of 40 Any private property not belonging to the owner of the dog or cat, unless said person makes an immediate effort to remove any feces deposited by said dog or cat; or (4) Any swale or street right -of -way serving to convey storm water to a canal, lake, or other receiving water, unless said person makes an immediate effort to remove any feces deposited by the dog or cat. (b) It shall be unlawful for any person to own, keep, possess, or maintain a dog or cat in such a manner so as to constitute a nuisance. The actions of a dog or cat constitute a nuisance when the dog or cat disturbs the rights of, threatens the safety of, or harms a member of the general public, or damages the property of others. Additionally, by way of example and not of limitation, the following acts or actions by an owner or possessor of a dog or cat are hereby declared to be a nuisance: (1) Allowing or permitting any dog or cat to habitually bark, whine, howl, scream, or meow, or to make other loud and continual noise, resulting in a serious annoyance or interference to neighboring residents. (2) Allowing or permitting a dog or cat to continually damage the property of anyone other than its owner, including, but not limited to, turning over garbage containers, spraying with urine, or damaging gardens, landscaping, or other personal property. (3) Maintaining a dog or cat with a medical condition that could lead to a widespread epidemic that would ultimately be dangerous to the public health, unless the dog or cat is kept in a manner that minimizes the public health threat and is undergoing treatment for the disease in accordance with locally accepted veterinary standards. (4) Maintaining a dog or cat in an environment of unsanitary conditions which results in offensive odors or is dangerous to the dog or cat or to the public health, welfare, or safety. (Ord. No. 87 -21, § 1, 5- 12 -87,• Ord. No. 1998 -10, § 1, 4- 28 -98; Ord. No. 2013 -10, § 1, 2- 12 -13) Sec. 4 -8.5. Tethering of dogs. (a) This section shall be known and may be cited as "Nikki's Rule." (b) No person shall tether, fasten, chain, tie, or restrain a dog, or cause a dog to be tethered, fastened, chained, tied, or restrained, to a dog house, tree, fence, or any other stationary object; rather, a tethered dog shall be tethered only on a running line, pulley, trolley system, or spiral stake, whereby the tether is connected to the dog by a buckle -type collar or a body harness constructed of nylon, leather, or similar material specifically designed to be used for a dog. The tether shall be at least five (5) times the length of the dog's body, as measured from the tip of the nose to the base of the tail; shall terminate at both ends with a swivel; shall not weigh more than 1 /8th of the dog's weight; and shall be maintained free of tangles. The running line, pulley, or trolley system shall be at least fifteen (15) feet in length and no higher than seven (7) feet above the ground. A tethered dog must have convenient access to food, visibly clean water, and shade. Adequate protection from the elements shall be provided at all times. A tethered dog shall be tethered in such a manner as to prevent injury, strangulation, or entanglement. No dog shall be tethered in a location in which the tether would allow such dog to reach a potentially dangerous object or area, including, but not limited to, a window sill, edge of a pool or canal, fence, porch, tree, post, terrace railing, or other object or area that poses a substantial risk of injury or strangulation to such dog if such dog jumps over, goes into, or goes around the object or area. No dog shall be tethered in an area where it may be approached by and attacked by other dogs or animals or people, without the chance to escape to a protected area such as a dog house. No dog shall be tethered outdoors during extreme temperatures or severe inclement weather, nor shall a dog http: / /library.municode.com/ print .aspx ?h= &clientID= 10288 &HT... 4/11/2014 Municode Page 14 of 40 be tethered unless the owner, caretaker, or other responsible party is located at all times within the area where the dog is located, so as to be able to observe and hear and attend to the dog if necessary. Choke -type collars or prong /pinch -type collars shall be permitted to be used only while a dog is under a handler's direct control on a leash. Heavy chains, cords, wires, or any other material not commonly intended to be used as a dog collar shall not be used as a restraint, a tether, or a substitute for a dog collar. Any tethering of a dog in violation of this section shall be deemed cruelty to animals pursuant to Section 4 -17 of this chapter. (Ord. No. 2013 -09, § 1, 2- 12 -13) Sec. 4 -3. Unwanted dogs or cats. Owners of an unwanted dog or cat may bring such dog or cat to a designated County animal shelter facility and, with proof of ownership and payment of the appropriate fee, if applicable, as established by resolution, release the dog or cat to the Division. The fee will be charged to any owner that is surrendering an unwanted dog or cat and is not a resident of Broward. At the discretion of the Division, said dog or cat may be made available for adoption or humanely euthanized in accordance with Chapter 828, Florida Statutes. (Ord. No. 87 -21, § 1, 5- 12 -87,• Ord. No. 95 -42, § 6, 10- 24 -95; Ord. No. 2013 -10, § 1, 2- 12 -13) Sec. 4 -10. Rabies vaccination required for dogs, cats, and ferrets. (a) Any person who owns a dog, cat, or ferret in Broward County shall have such animal vaccinated against rabies by four (4) months of age with a twelve (12) month vaccine approved by the United States Department of Agriculture and the Compendium of Rabies Control developed by the National Association of State Public Health Veterinarians, or approved by another organization as authorized pursuant to Florida Statutes. (b) The owner of every dog, cat, or ferret shall revaccinate said animal within twelve (12) months after the initial vaccination. Thereafter, revaccination shall occur every twelve (12) months or every three (3) years based on the type of vaccine previously administered. Veterinarians shall recognize vaccinations for their duration of immunity as indicated by the manufacturer's guidelines. (c) Evidence of a rabies vaccination shall consist of a fully completed rabies vaccination certificate in conformance with Florida Statutes signed by the veterinarian administering the vaccine. One (1) copy of the certificate shall be retained by the veterinarian for at least one (1) year after the vaccination expires, and the other copies shall be distributed to the owner and to the Division. (d) Vaccination is excused where a licensed veterinarian certifies in writing that a vaccination would be injurious to the animal's health. However, such animal shall be vaccinated against rabies as soon as its health permits, and said dog, cat, or ferret shall wear a registration tag as required by Section 4 -11 (e) The cost of a rabies vaccination required by this section shall be the responsibility of the person owning the dog, cat, or ferret. (Ord. No. 87 -21, § 1, 5- 12 -87; Ord. No. 88 -76, § 1, 11 -8 -88, Ord, No. 95 -42, § 7, 10- 24 -95, Ord. No. 2006 -04, § 1, 2- 28-06; Ord. No. 2013 -10, § 1, 2- 12 -13) Sec. 4 -11. Registration of dogs and cats. (a) http: / /library.municode.com/ print .aspx ?h= &clientlD= 10288 &HT... 4/11/2014 Municode Page 15 of 40 Any person who owns or keeps in Broward County a dog or cat four (4) months of age or older shall have such dog or cat registered by and in Broward County and shall obtain and keep a current rabies registration tag. The Division shall provide suitable dog and cat rabies registration tags for sale through authorized representatives or through the Division. A separate rabies registration tag shall be issued for each dog or cat, and a rabies registration tag issued for one (1) dog or one (1) cat is not valid for any other dog or cat. A rabies registration tag for a dog or cat shall consist of a tag for the animal's collar or harness. The Director shall design an appropriate rabies registration tag, and shall issue the tag to authorized representatives. (b) Any nonresident who brings a dog or cat four (4) months of age or older into Broward County with the intent to reside within the County permanently, or temporarily for a period of at least three (3) months, shall have such dog or cat registered by and in Broward County within thirty (30) days after arrival. (c) The rabies registration tag required by this section shall be renewed annually by the person owning the dog or cat, by paying the applicable fee, and by providing documentation that said dog or cat has a current rabies vaccination or is exempt from such vaccination under the terms of this chapter. (d) The Commission shall establish by resolution the fees to be charged for rabies registration tags. This may include discount fees for sterilized dogs or cats. Any such discount shall be allowed only upon presentation of a certificate of sterilization signed by a veterinarian licensed in any state or other documentation of the dog's or cat's inability to reproduce, or upon presentation of proof of prior issuance of a registration for the dog or cat at a similarly discounted fee. Dogs and cats_ that are sterilized and vaccinated in connection with special County programs to encourage spaying and neutering may also be eligible for a discount registration fee. The Division shall provide free rabies registration tags to all individuals with disabilities for animals that the Division has recognized as official service animals. The Director shall establish the guidelines for approving and denying free or discounted rabies registration tags. The fees collected for rabies registration tag sales, over the baseline of 100,000 tags per year, shall be allocated and used for spay and neuter programs at the discretion of the Director. (e) In the event a rabies registration tag distributed under the provisions of this section is lost, stolen, or destroyed, a replacement tag shall be distributed by the Director or designee upon presentation of the corresponding rabies certificate and payment of the appropriate fee. (f) The Broward County rabies registration tag required by this section shall be worn by the dog or cat at all times, subject to the exceptions in this subsection. It shall be a violation of this chapter for any person to remove the tag of any registered dog or cat within Broward County except: (1) When the dog or cat is participating in an organized exhibition, field trial, or competition, or is in training for these events, or is engaged in a legal sport under supervision of its owner, or is undergoing grooming; or (2) When the dog or cat is confined in a licensed kennel, grooming facility, or a veterinary hospital, in which case the rabies registration tag number shall be recorded and readily identifiable with the dog or cat to which it belongs. If the animal is not registered, the facility shall clearly indicate such on its records; or (3) When a licensed veterinarian orders in writing that the rabies registration tag, collar, or harness be removed for the dog's or cat's health, in which case the dog or cat shall be confined in a building, kennel, or secure enclosure until the veterinarian permits the collar, harness, or registration tag to be placed on the dog or cat. http:Hlibrary.municode.com/print.aspx?h=&clientID=10288&HT... 4/11/2014 Municode Page 16 of 40 (g) It shall be a violation of this chapter for any person to use or possess a stolen, counterfeit, or forged rabies registration tag, rabies vaccination certificate, or any other documentation required by or issued pursuant to this section. (h) It shall be a violation of this chapter for owners to fail to register an implanted microchip with the manufacturer of the microchip. The owner shall have thirty (30) days to cure and register the microchip without penalty after notice by the Division. (Ord. No. 87 -21, § 1, 5- 12 -87, Ord. No. 95 -42, § 8,10-24-95, Ord. No. 1998 -41, § 5,11-10-98, Ord. No. 2001 -56, § 2, 11- 13 -01; Ord. No. 2006 -04, § 2, 2- 28 -06, Ord. No. 2013 -10, § 1, 2- 12 -13; Ord. No. 2013 -34, § 3, 10 -8 -13) Sec. 4-,11.5. Aggressive dog classification procedures, requirements, owner responsibilities, and penalties. (a) Procedures to classify a dog aggressive. The investigation, initial determination, and hearing - related provisions contained in Section 4- 12(a)(1) -(6) and Section 4 -12.5, and the inspection rights contained in Section 4- 12(d), shall be applicable to classifications of animals as aggressive dogs. (b) Within fourteen (14) calendar days after a dog has been classified as aggressive or, if any appeal is filed, within fourteen (14) calendar days after such classification has been upheld in the appeal (dismissal of the appeal shall be deemed to uphold the classification), the owner of the aggressive dog shall comply with the following requirements and responsibilities: (1) The owner shall provide the Division with two (2) color photographs of the dog, (front view and side view) that clearly identify the dog. Each photograph shall be at least three (3) inches by three (3) inches. (2) The dog shall be spayed /neutered unless a licensed veterinarian has examined the dog and certifies, in writing (with a copy provided to the Division within such fourteen (14) day period), that at such time spaying /neutering the dog would endanger its health. Under that circumstance, the dog shall be spayed /neutered as soon as its health permits. (3) Dogs classified as aggressive shall not be brought to a dog park or public park or public beach even if dogs are otherwise allowed. (4) Dogs classified as aggressive shall not be brought to any commercial establishment other than a veterinary office or other facility where the dog is being treated. (5) The owner shall register the dog as aggressive with the Division, and obtain an aggressive dog license which must be renewed annually. The fees for registration and licenses (including renewals) shall be as established by resolution. (6) The owner must ensure that the dog, while on the owner's property, is securely confined indoors or in a securely- fenced or enclosed area from which the dog may not escape (over, under, or through). The dog must be muzzled, leashed, and under the control of a person ,capable of controlling the dog whenever the dog is not within such securely - fenced or enclosed area or within the passenger portion of a vehicle. (c) Each failure to comply with a requirement or responsibility contained in Subsection (b) immediately above shall constitute a noncriminal infraction punishable by a fine of two hundred fifty dollars ($250) payable to the County. The owner may contest the fine and citation as provided in Section 4 -28 (Ord. No. 2011 -03, § 1, 1- 25 -11; Ord. No. 2013 -10, § 1, 2- 12 -13) http://library.municode.com/print.aspx?h=&clientlD=10288&HT... 4/11/2014 Municode Page 17 of 40 Sec. 4 -12. Dangerous dog classification procedures, requirements, owner responsibilities, and penalties. (a) Procedures to classify a dog dangerous. (�) Investigation. The Division shall investigate reported incidents involving any dog whose actions may result in the dog being classified as dangerous. As part of the investigation, the Division shall, if possible, interview the dog's owner and require a sworn affidavit from any person, including any animal care specialist or law enforcement officer, who may have information relating to whether the dog might be dangerous. (2) Initial Determination. Upon completing its investigation, the Division shall make an initial determination as to whether there is sufficient cause to classify the dog as dangerous. If the Division determines that there is sufficient cause, the Division shall provide written notification of its initial determination to the owner by certified mail, return receipt requested; hand delivery by an officer evidenced by an affidavit of delivery; or service in conformance with the provisions of Chapter 48, Florida Statutes, relating to service of process. (3) Availability of Hearing to Challenge the Initial Determination. The written notification referenced in Subsection (2) above shall inform the owner that, notwithstanding any other provisions of this chapter, if the owner wishes to challenge the initial determination, the owner must file a request for a hearing with the Division within seven (7) calendar days after the owner receives notice of the Division's initial determination. (4) Effect of Not Timely Requesting Hearing. If the owner fails to timely request a hearing pursuant to Subsection (3) above, the dog shall be classified as dangerous. The Division shall provide written notice of this classification to the owner by certified mail, return receipt requested; hand delivery by an officer evidenced by an affidavit of delivery; or service in conformance with the provisions of Chapter 48, Florida Statutes, relating to service of process. (5) Effect of Timely Requesting Hearing. If the owner timely requests a hearing pursuant to Subsection (3) above, the hearing shall be held no sooner than five (5) calendar days after filing the request and no later than twenty -one (21) calendar days after the filing. The hearing shall be conducted in accordance with Section 4 -12.5. If the Hearing Officer determines that the dog should be classified as dangerous, the Division shall provide written notice of such classification (along with a copy of the Hearing Officer's decision) to the owner by certified mail, return receipt requested; hand delivery by an officer evidenced by an affidavit of delivery; or service in conformance with the provisions of Chapter 48, Florida Statutes, relating to service of process. A decision of a Hearing Officer may be reviewed by Petition for a Writ of Certiorari to the Seventeenth Judicial Circuit within thirty (30) days of the date of rendition of the decision of the Hearing Officer as provided by the Florida Rules of Appellate Procedure. (6) Confinement of Dog Pending Investigation, Hearing and Appeal. During any investigation as to whether a dog is dangerous, and until the resolution of any subsequent hearing or appeal (as applicable), the owner of the dog, if allowed to maintain possession of the dog, must keep the dog in a securely fenced or enclosed area from which the dog may not escape (over, under, or through). The dog must be muzzled, leashed, and under the control of a person capable of controlling the dog whenever the dog is not within such securely fenced or enclosed area to prevent it http://library.municode.com/print.aspx?h=&clientID=10288&HT... 4/11/2014 Municode Page 18 of 40 from coming into contact with any person or domestic animal other than a person or domestic animal in the immediate household of the owner. The owner shall provide to the Division the address where the dog is kept. No dog that is the subject of a dangerous dog investigation may be relocated, nor may ownership of the dog be transferred, pending the outcome of an investigation or any hearing or appeal related to the determination of a dangerous dog classification. Except for the prohibition on transferring ownership, the requirements in paragraph (6) are inapplicable while a dog is impounded by the Division. (7) Timing for Compliance with Dangerous Dog Requirements. Within fourteen (14) calendar days after a dog has been classified as dangerous under Subsections (4) or (5) above, or within fourteen (14) calendar days after such classification has been upheld in any appeal (dismissal of the appeal shall be deemed to uphold the classification), the owner of the dog must comply with all of the Dangerous Dog Requirements referenced in Subsection (b) below. If the owner has not demonstrated full compliance with those requirements within such fourteen (14) day period, the Division may confiscate and impound the dog and subsequently dispose of the dog in a humane manner at the owner's expense. (b) Dangerous Dog Requirements. (1) Registration and Licensure. Any person who owns (or keeps, if a person other than the owner) a dog that has been classified as a dangerous dog within Broward County must register the dog as dangerous with the Division and obtain a dangerous dog license. Any person who brings a dog into Broward County that has been declared dangerous by another jurisdiction, and who intends to reside in Broward County with such dog, shall register the dangerous dog and obtain a dangerous dog license within fourteen (14) calendar days of establishing residency in the County. Failure to timely register or license a dangerous dog will subject an owner to citation for non- compliance of this ordinance. The fees for registration and licenses shall be as established by resolution. Financial penalties as set by resolution shall be imposed if a dangerous dog is not timely registered and licensed. The Division may issue dangerous dog registrations, licenses, and license renewals only to owners at least eighteen (18) years of age. (2) Conditions Precedent to Registration. No dangerous dog may be registered with the Division unless and until all of the following requirements have been met: a• The owner shall, at the owner's expense, have the dangerous dog implanted with a Division - approved electronic animal identification device (microchip), and shall provide the Division with the microchip manufacturer and number. The owner may obtain microchips from the Division, if available, at the fee set by resolution. The microchip number will become the dangerous dog registration number. b. The owner shall display a sign on his or her property warning that there is a dangerous dog on the premises. Said sign shall be clearly visible from all entry points and inform both children and adults of the presence of a dangerous dog on the property. The sign shall read "Dangerous Dog" or "Beware of Dog." C. The owner of a dangerous dog must have in place, on the property where the dangerous dog will be kept, the proper enclosure of a dangerous dog as defined above in this Chapter. d• The owner shall provide evidence of a current certificate of rabies vaccination for the dog. http://library.municode.com/print.aspx?h=&clientlD=10288&HT... 4/11/2014 Municode Page 19 of 40 e. The owner shall execute a document consenting to the Division staff entering the property or any buildings or structures on the owner's property, with or without prior notice, for the sole purpose of conducting inspections to ensure that the dog's owner is meeting his or her responsibilities, as applicable, under Subsection (c) below. f• The owner shall, at the owner's expense, have the dog evaluated by a credentialed animal behavior specialist, provide a copy of the written evaluation to the Division, and agree in writing to comply in full with all recommendations made by the specialist. 9• The owner shall be required to sign an agreement provided by the Division to pay the documented, reasonable veterinary expenses and disposal costs, if applicable, of the victim of the attack that resulted in the dog's classification as dangerous. The owner of the dangerous dog shall deliver a check, payable to the victim, or other form of payment acceptable to the Division within fifteen (15) days after being provided with the documented, reasonable veterinary expenses and disposal costs. (c) Responsibilities of Owners of Dangerous Dogs. The owner (or keeper, if other than the owner) of a dangerous dog shall: (1) Renew the dangerous dog license annually. Failure to renew the dangerous dog license within thirty (30) calendar days after the expiration of the previous license shall result in the assessment of a late renewal penalty as set by resolution, and will subject the owner to citation for non - compliance with this chapter. In the event a current dangerous dog license is lost, destroyed, misplaced, or otherwise missing, the owner must obtain a replacement dangerous dog license at the fee set by resolution. (2) Ensure that the dog, while on the owner's property, is securely confined indoors, or securely confined in a proper enclosure of a dangerous dog as defined in Subsection 4- 12(a)(6). At any time that a dangerous dog is not so confined, the dog shall be muzzled and restrained in such a manner as to prevent it from biting or injuring any person or animal, and kept on a substantial chain or leash by a person able to exercise control over the dog. The muzzle must be made in a manner that will not cause injury to the dog or interfere with its vision or respiration but will prevent it from biting any person or animal. However, the foregoing requirements of this subsection do not apply: a• When the dog is in attendance at and participating in any dog show, contest, or exhibition not prohibited under Section 828.122, Florida Statutes, and that is sponsored by a dog club, association, society, or similar organization. b• While the dog is being transported within the cab or passenger portion of any motor vehicle, provided the vehicle has a roof, and the dog cannot escape through an open window. C. When the owner is exercising the dog in a securely fenced or enclosed area that does not have a top, provided that the dog remains within the owner's sight and only members of the immediate household or persons eighteen (18) years of age or older are allowed in the enclosed or fenced area when the dog is present. (3) Notify the Division immediately if the dangerous dog becomes loose, unconfined, attacks, or bites a human being or another animal, dies, is sold, or is given away. In the event of the dog's death, the owner shall provide to the Division satisfactory evidence (as determined by the Division) of the dog's death. If the dangerous dog is http://Iibrary.municode.com/print.aspx?h=&clientlD=102.88&HT... 4/11/2014 Municode Page 20 of 40 sold or given away, the owner shall provide to the Division the name, address, and telephone number of the new owner of the dangerous dog. The new owner shall, if located in Broward County, within fourteen (14) calendar days after receiving the dog, execute a new document to be supplied by the Division, acknowledging that he or she is aware of the dangerous dog classification, and agreeing that the new owner shall comply with all of the requirements of this chapter. (4) Notify the Division immediately if the owner believes that the dangerous dog has been stolen. The owner must, concurrently with that notification, report the theft to the appropriate local law enforcement authority and provide the official police report to the Division. (5) Notify the Division immediately if the owner moves to another address with the dangerous dog, which notification shall identify such address. (6) Have the dangerous dog disposed of in a humane manner at the owner's sole expense by the Division or a licensed veterinarian if the owner is unable or unwilling to comply with all applicable requirements and mandates contained in this chapter. (7) Be and remain in full compliance with all recommendations made by the animal behavior specialist referenced above in Subsection 4- 12(b)(2) f. (8) Meet the obligation under any agreement executed as referenced in Subsection 4 -12 (b)(2) g• (d) The Division shall have the authority to make whatever reasonable inspections are deemed necessary to ensure that the provisions of this chapter are complied with. The Division may impound a dangerous dog if the owner fails to comply in full with the dangerous dog requirements provided herein. A dangerous dog impounded for the owner's failure to comply may be redeemed by the owner upon the owner's demonstration of full compliance and payment of any boarding fees, impound fees, and other applicable fees established by resolution. If the owner does not comply with the dangerous dog requirements and redeem the dangerous dog within fourteen (14) days of the date the dog was impounded pursuant to the terms of this subsection, the dog shall be disposed of in an expeditious and humane manner. (e) The owner of a dangerous dog may surrender the dangerous dog to the Division if the owner is unable or unwilling to comply with the requirements of this chapter. (f) The sections of this chapter related to dangerous dogs shall not apply to dogs owned and used by a law enforcement agency. (g) Violations of Dangerous Dog Requirements or Responsibilities of Owners of Dangerous Dogs. Each failure to comply with a dangerous dog requirement or responsibility of a dangerous dog owner contained in this chapter shall constitute a noncriminal infraction, punishable by a fine of five hundred dollars ($500) payable to the County. The owner may contest the fine and citation as provided in Section 4 -28 (h) Impoundment, Confiscation, and Disposing of Dangerous Dogs. (1) In the event that any animal care specialist has sufficient cause to believe that a dog is dangerous and that the owner is unable or unwilling to securely confine the animal, the animal care specialist may, if deemed by such animal care specialist to be necessary to protect the public, impound the dog pending completion of any investigation, hearing, or appeal. An owner's refusal to surrender a dog for such impoundment shall constitute a violation of this chapter. (2) If a dog that has previously been classified as dangerous attacks or bites a person or a domestic animal without provocation, the Division shall immediately confiscate and impound the dog. The Division shall provide ten (10) days' written notice to the owner http://library.municode.com/print.aspx?h=&clientID=10288&HT... 4/11/2014 Municode Page 21 of 40 to allow the owner to request a hearing under Section 4 -12.5. If the owner has not requested a hearing prior to the expiration of ten (10) days from the date the owner receives the notice, the Division is authorized to dispose of such dangerous dog in an expeditious and humane manner. (3) If a dog attacks and causes severe injury to or death of any human, the dog shall be immediately confiscated by the Division, placed in quarantine, if necessary, for the proper length of time, or otherwise impounded, and held. The Division shall provide ten (10) days' written notice to the owner to allow the owner to request a hearing under Section 4 -12.5. If the owner has not requested a hearing prior to the expiration of ten (10) business days from the date the owner receives the notice, the Division is authorized to dispose of such dangerous dog in an expeditious and humane manner. (4) For any period of impoundment or quarantine referenced in Subsections (1), (2), or (3) above, or referenced elsewhere in this chapter, the owner shall be responsible for payment of all boarding costs and other fees associated therewith. (5) Notice under this section shall be effected by certified mail, return receipt requested; hand delivery by an officer evidenced by an affidavit of delivery; or service in conformance with the provisions of Chapter 48, Florida Statutes, relating to service of process. (6) If the owner requests a hearing or files an appeal under Subsections (2) or (3) above, the dog must be held by the Division, at the owner's expense, and may not be disposed of while the hearing or appeal is pending. The dog may be relocated to and held, at the owner's sole expense, at a licensed boarding facility or veterinary clinic, if necessary, at the sole discretion of the Director. (i) If any owner or keeper of a dangerous dog is a minor, the parent or guardian of such minor shall be responsible for complying with the provisions of this chapter. (Ord. No. 87 -21, § 1, 5 -12 -87 Ord. No. 88 -76, § 2, 11 -8 -88, Ord. No. 95-42, § 9,10-24-95, Ord. No. 1998 -41, § 6, 11 - 10 -98, Ord. No. 2001 -67, § 3, 12- 11 -01; Ord. No. 2005 -35, § 2, 9- 13 -05, Ord. No. 2008 -21, § 2, 5- 13 -08; Ord. No. 2011 -03, § 1, 1- 15 -11; Ord. No. 2013 -10, § 1, 2- 12 -13) Sec. 4 -12.5. Hearings. (a) Hearing Officer. There is hereby created for the purposes of this chapter the position of Hearing Officer. For purposes of all proceedings related to violations of this article, each Hearing Officer shall be a member in good standing of The Florida Bar. (b) Burden of Proof. The Division shall bear the burden of establishing a violation of this article by clear and convincing evidence. The owner shall bear the burden of establishing any factual or legal defense to the alleged violation by a preponderance of evidence. (c) Hearing Procedures. (1) These procedures govern hearings before Hearing Officers as provided in this chapter. Such hearings shall provide an opportunity for the owner to be heard. All hearings shall be conducted in accordance with the Florida Rules of Civil Procedure and the Florida Evidence Code, except as otherwise stated herein. However, the hearing shall be conducted in an informal manner to the extent practicable. Each party shall be afforded the following rights: a• To be accompanied, represented, and advised by counsel; b• To offer the testimony of witnesses and examine opposing witnesses on relevant matters; and C. To present his or her case by oral or documentary evidence. http:Hlibrary.municode.com/print.aspx?h=&clientID=10288&HT... 4/11/2014 Municode Page 22 of 40 (2) Any interested person or entity may make application to intervene and appear at a hearing. Such application may be granted at the discretion of the Hearing Officer based on good cause shown. (d) Subpoenas. (1) The Hearing Officer shall have the power to issue subpoenas to compel the attendance of witnesses at a hearing upon the written request of any party or upon the Hearing Officer's own initiative. (2) A subpoena may be served by any person authorized by law to serve process. Service shall be made as provided by law. (3) Any person subject to a subpoena may, before compliance with the subpoena is required, petition the Hearing Officer to quash the subpoena. (4) A party may seek enforcement of a subpoena issued by a Hearing Officer under the authority of this Chapter by filing a petition for enforcement of such subpoena in a court of competent jurisdiction. (e) Evidence. (1) In any hearing before a Hearing Officer, irrelevant, immaterial, or unduly repetitious evidence shall be excluded. All other evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be admissible, whether such evidence would be admissible in a trial in the courts of Florida. Any part of the evidence may be received in written form, and all testimony of parties and witnesses shall be made under oath. Hearsay evidence may be used for the purpose of supplementing or explaining other evidence, but it shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. (2) A party shall be permitted to conduct cross - examination when testimony is taken or documents are made a part of the record. (3) The rules of privilege shall be effective to the same extent that they are recognized under Florida law. (4) The Hearing Officer shall ensure that a full record of the hearing is preserved, which record shall be public and open to inspection and transcription by any person. M Written Determinations of the Hearing Officer. (1) After conducting a hearing, the Hearing Officer shall issue a determination within twenty (20) calendar days of the hearing. (2) All determinations of the Hearing Officer shall be in writing, signed, and dated by the Hearing Officer, shall contain findings of fact and conclusions of law, and shall be served upon the owner by certified mail, return receipt requested; hand delivery by an officer evidenced by an affidavit of delivery; or service in conformance with the provisions of Chapter 48, Florida Statutes, relating to service of process. (9) Obligation to Pay Hearing Officer's Fee; Deposit. (1) The non - prevailing party shall be responsible for paying the Hearing Officer's fee in full. (2) When filing a written request for a hearing, the owner shall provide a deposit in the amount established by resolution as security for payment of the Hearing Officer's fee. If the owner prevails in the hearing, the deposit shall be returned in full. If the owner does not prevail, and the Hearing Officer's fee exceeds the deposit, the owner shall pay the difference within ten (10) days after written demand is made by the Division. If the owner does not prevail, and the deposit exceeds the Hearing Officer's fee, the http:Hlibrary.municode.com/print.aspx?h=&clientlD=10288&HT... 4/11/2014 Municode Page 23 of 40 Division shall return the excess deposit to the owner within ten (10) days after the date of the hearing. (3) Notwithstanding Subsections (1) and (2) immediately above, if the appellant submits documentation to the Division demonstrating that the owner meets the applicable federal low income guidelines, the Division shall not require the appellant to pay a deposit or the Hearing Officer's fee in connection with the hearing. (h) Once a hearing is scheduled, failure to appear before the Hearing Officer may, at the discretion of the Hearing Officer, result in dismissal of the hearing with prejudice, in which case the initial classification by the Division shall stand and the dog shall be classified as dangerous, or the determination of the Division shall stand. (Ord. No. 88 -76, § 3, 11 -8 -88, Ord. No. 95 -42, § 10, 10,24-95, Ord. No. 2001 -67, § 4, 12- 11 -01; Ord. No. 2011 -03, § 2, 1- 25 -11; Ord. No. 2011 -07, § 1, 4- 12 -11; Ord. No. 2013 -10, § 1, 2- 12 -13, Ord. No. 2013 -34, § 4, 10 -8 -13) Sec. 4 -13. Guard dogs. (a) For purposes of this section, the following terms shall have the meanings indicated: (1) Guard dog: The term "guard dog" as used in this section shall mean any type of dog used for the purpose of defending, patrolling, or protecting property or life at any commercial establishment or which resides on the commercial property. The term "guard dog" shall exclude any stock dogs used primarily for handling and controlling livestock or farm animals. (2) Guard dog service: Any person, firm or corporation which trains, sells, rents, leases or loans guard dogs for the purpose of defending, patrolling or protecting property or persons. (3) Kennel. An establishment where guard dogs are lodged. (4) Registration: The process of presenting a guard dog to the Division for purposes of registering and documenting the existence of the guard dog in Broward County. (b) No guard dog service or individual shall own or keep a guard dog without registering the guard dog with the Division and obtaining a guard dog registration tag. A late registration penalty as set by resolution shall be imposed if the guard dog is not registered within the time period specified in Subsection (c) below. The procedures and requirements for registering the guard dog are as follows: (1) Prior to required registration, the owner of the guard dog service or the owner of the guard dog shall have the dog inoculated with a rabies vaccine by a licensed veterinarian. (2) The guard dog service or owner of the guard dog shall complete a guard dog registration form for each guard dog and pay a one -time guard dog registration fee as set by resolution for each guard dog being registered. (3) The owner of the guard dog service or the owner of the guard dog shall, at the owner's expense, have the guard dog implanted with a Division - approved electronic animal identification device (microchip) and provide the Division with the microchip manufacturer and number. The owner of the guard dog service or the owner of the guard dog may obtain the microchip for each guard dog registered from the Division at the fee set by resolution. The microchip number will become the guard dog registration number. (4) A guard dog registration tag shall be obtained at the fee set by resolution. The guard dog registration tag must be renewed annually. Failure to renew the guard dog registration tag within thirty (30) calendar days from the expiration of the previous tag http://library.municode.com/print.aspx?h=&clientlD=10288&HT... 4/11/2014 Municode Page 24 of 40 will result in the assessment of a late renewal penalty as set by resolution and will subject the owner of the guard dog service or owner of the guard dog to citation for non - compliance of this Ordinance. In the event a current guard dog registration tag is lost, destroyed, misplaced, or otherwise missing, a replacement guard dog registration tag must be obtained at the fee set by resolution for replacement guard dog registration tags. (5) Registration information shall include the following for each dog: a• Name, address, and telephone number of the owner and manager; b• The breed, sex, weight, age, and color(s) of the guard dog; C. A color photograph of the guard dog; d• Other distinguishing physical features of the guard dog; e• Proof of ownership (i.e., bill of sale, receipt, or notarized affidavit) including the name and address of the person from whom the dog was obtained; f• A notarized affidavit signed by the previous owner acknowledging that the dog will be used as a guard dog. This requirement shall be waived if the dog has been previously registered to the guard dog owner for more than one (1) year in the county; and 9• A current certification from a veterinarian who is licensed in Florida stating that the guard dog has been examined and is healthy and physically fit to perform service as a guard dog. The owner shall obtain the certification form from the Division and shall provide it to the examining veterinarian for completion. (6) At least every six (6) months, each guard dog shall be examined by a veterinarian who is licensed in Florida to determine whether the dog is healthy and physically fit to perform service as a guard dog. The owner shall obtain the certification form from the Division, shall provide it to the examining veterinarian for completion and, upon completion, shall provide it to the Division. (7) No dog shall be used as a guard dog unless and until the dog has been registered with the Division. (8) No dog shall be registered or used as a guard dog if a veterinarian deems that the dog is physically unfit to perform service as a guard dog. (9) No dog shall be used as a guard dog while it is pregnant or lactating. (10) If any dog is used as a guard dog prior to being registered, a double registration fee shall be imposed to register the guard dog. (c) Guard dogs newly acquired by guard dog services shall be registered with the Division and either be vaccinated for rabies or the owner shall have submitted proof of vaccination to the Division no later than seventy -two (72) hours after acquisition. (d) The owner of the guard dog service or the owner of a guard dog shall comply with Sections 4 -10 and 4 -11 of this chapter, to the extent such sections do not conflict with this section. The guard dog is not required to wear a rabies registration tag in addition to the guard dog registration tag. (e) The Director shall maintain records of all guard dogs registered with the Division. Immediately upon transfer of ownership, death, or disappearance of a guard dog, each guard dog service or owner shall notify the Division. Upon receipt of the information, the appropriate entry shall be made to the guard dog registration record. If the guard dog has disappeared, an entry should be made to reflect the locale and the circumstances resulting in such disappearance. (f) http://library.municode.com/print.aspx?h=&clientID=10288&HT... 4/11/2014 Municode Page 25 of 40 An animal care specialist shall at any reasonable time, unannounced, upon presentation of proper credentials, have the right to enter and inspect all kennels housing guard dogs and other nonresidential premises where such dogs are in use, being trained, or kept. All records for each guard dog, including vaccination, veterinary, and medical treatment records, and all records concerning the training, sale, or use of a guard dog, shall be accessible for determination of compliance with this section. Refusal to allow inspection of a guard dog, premises, or records shall be a violation of this chapter. (1) Guard dog services shall require any customer that procures the use of a guard dog to sign an agreement authorizing officers of the Division to perform unannounced inspections of any guard dog and premises where the guard dog is being used as a guard dog. (2) Guard dog services shall maintain records identifying the name, address, and telephone number of each customer procuring the use of a guard dog and the physical location of each guard dog (with registration number), if different than the customer's address. (3) On a bi- weekly basis, guard dog services shall provide the Division with complete records identifying the name, address, and telephone number of every customer procuring the use of a guard dog and the physical location of every guard dog (with registration tag number). (4) Guard dog services and guard dog owners shall immediately notify the Division in writing when a guard dog is temporarily or permanently removed from service due to sickness, injury, a medical condition, or death. (5) Guard dog services and guard dog owners shall maintain records of the acquisition, transfer of ownership, death, or disappearance of a guard dog. (s) The records required to be maintained herein shall be maintained for a period of at least two (2) years from the date of creation, and shall be provided to the Division upon request, unless otherwise provided herein. (9) It shall be unlawful for any person, firm, or corporation to own or harbor any guard dog in the County that has not been inoculated, registered, and implanted with an electronic animal identification device as provided by this section. (h) Transportation of Guard Dogs. (�) The vehicle of every guard dog service or owner transporting any guard dog must be clearly marked, showing that it is transporting a registered guard dog. A compartment separate from the driver is required which shall be arranged to ensure adequate ventilation for the dog. (2) No guard dog shall be transported in the trunk of a car or in an unenclosed portion of a vehicle, including, but not limited to convertibles, pickup trucks, open -bed trucks, or flat -bed trucks. However, a guard dog may be transported in an unenclosed portion of a vehicle if the animal is securely confined within a cage. The cage must be securely anchored to the vehicle in order to prevent movement about the vehicle. (i) Use of Guard Dogs. (1) Each business which hires or uses a guard dog shall provide adequate fencing or some other confining structure to keep the guard dog within the guarded area. The business owner or person responsible for managing each business that hires or uses a guard dog is responsible for each guard dog hired or used. The guard dog shall wear a current guard dog registration tag with proof of rabies inoculation available for inspection by the Division and shall be implanted with an electronic animal identification device as required by this section. http: / /library.municode.com/ print .aspx ?h= &clientlD= 10288 &HT... 4/11/2014 Municode Page 26 of 40 (2) Each business which hires or uses a -guard dog that is on the premises during that business's operating hours shall have the dog confined or restrained in such a manner so as not to have access to those areas open to the public or to otherwise pose a danger to the public. (3) The business owner or person responsible for managing a business which hires or uses a guard dog shall be responsible for having at each appropriate location and entry point, and at fifty -foot intervals along the fence perimeter, if applicable, a sign posted including the words "Bad Dog" or "Dangerous Dog" in black six (6) inch high letters on a white background. (4) Entry points shall have a sign posted with the telephone number of the dog's trainer or handler and owner in case of an emergency. (5) Guard dogs shall be given a humane existence, and shall at all times be maintained in accordance with the requirements of Section 4.6. Guard dogs that are confined in a cage shall have at least one -half (%) hour of exercise within each eight (8) hours of confinement. It shall be unlawful for any person, owner, or manager keeping a guard dog to fail to provide clean, sanitary, safe, and humane conditions; sufficient quantities of wholesome food daily; adequate quantities of visible, clean, and fresh water available at all times; proper air ventilation and circulation; if located outside, full protection and shelter from the elements; and medical attention and necessary veterinary care when it is sick, diseased, or injured. (6) No dog which has been classified as dangerous pursuant to this chapter shall be used as a guard dog. (7) Any person who uses the service of a guard dog shall be responsible to assure that the guard dog is provided a humane existence in accordance with Section 4 -6, and shall immediately contact the Division to report any guard dog that is sick, diseased, lame, or injured. (8) The Division shall impound any guard dog owned by a person that is cited and found to be in violation of Section 4 -6, or 4- 13(i)(5) herein. The guard dog may be redeemed in accordance with Section 4.5, upon submittal of evidence satisfactory to the Division, that the cause of the violation has been remedied. The guard dog shall only be released after a satisfactory review of the living conditions of the guard dog by an animal care specialist. (9) Each person or business that rents or uses a guard dog to patrol the premises after that business's operating hours shall provide adequate fencing, or some other confining structure, to keep the guard dog within the premises. U) Guard Dog Permits Required for Operators of Guard Dog Services and Owners of Guard Dogs. (1) Any person seeking to operate a guard dog service or who owns a dog being used to defend, patrol, or protect property or life at any nonresidential establishment in Broward County shall obtain a guard dog permit. (2) A guard dog permit is valid for a period of twelve (12) months after the date of issuance and must be renewed annually. Renewal applications for permits shall be made at least thirty (30) days prior to expiration. (3) A guard dog permit is not transferable, assignable, or refundable. (4) The guard dog permit fee shall be established by the Commission by resolution. (5) Any person holding a guard dog permit who keeps, on commercial premises, any guard dog that is not registered as a guard dog, or who has been found in violation of Section 4 -13, shall forfeit the guard dog permit, and shall not conduct business as a http://library.municode.com/print.aspx?h=&clientlD=10288&HT... 4/11/2014 Municode Page 27 of 40 guard dog service until such time that the person holding the guard dog permit is in full compliance with Section 4 -13 (k) Obtaining a Guard Dog Permit. (1) A person seeking a guard dog permit shall apply to the Division on a form approved by the Division. (2) The permit application shall include but is not limited to the following information: a• The name, address, and telephone number of the applicant and a description of the location(s) at which guard dogs will be maintained; b• A statement as to whether the applicant or any officer or employee of the guard dog service has ever been convicted of an offense involving cruelty to animals or has had a final judgment entered against that person under Section 828.073, Florida Statutes, or any other statute prohibiting animal neglect or mistreatment; C. The breed, sex, age, color(s), and guard dog registration tag number (microchip number) of each dog that will be used as a guard dog; d• If applicable, a complete list containing the name, address, and telephone number of every customer procuring the use of a guard dog and the physical location of every guard dog (identified by registration tag number), if different than the customer's address; e• The name, address, and telephone number of the applicant's veterinarian(s); f• The name, address, and telephone number(s) of the person(s) responsible for training and providing food, water, exercise, and care to each guard dog; and 9• If applicable, proof of business tax receipt from the Broward County tax collector. (3) The permit applicant shall complete an application, supply all information requested by the Division, and pay the applicable permit fee established by the Commission by resolution. No application shall be deemed complete and reviewable until the permit fee is paid. (4) Applicants shall meet all minimum compliance specifications within thirty (30) days after filing the permit application. Failure to do so will require a new application to make corrections to meet minimum compliance specifications. (I) Permit Denial, Revocation, and Suspension. (1) The Division may deny, revoke, or suspend any permit if it is determined by the Division that: a• There has been a material misstatement or misrepresentation in the permit application or in any information or documents required to be maintained or provided to the Division; b• The applicant or permit holder has been cited for at least two (2) violations of this Chapter within a one -year period, each resulting in the imposition of a fine; C. The applicant or permit holder has failed to pay a fine or to request a hearing in compliance with this Chapter to answer the charges of a citation within thirty (30) days after issuance of the citation; d• The applicant or permit holder, or officer of the guard dog service has been convicted of a violation of law involving cruelty to animals or has had a final judgment entered against him or her pursuant to Section 828.073, Florida Statutes; or e. http: // library. municode .com / print .aspx ?h= &clientID= 10288 &HT... 4/11/2014 Municode Page 28 of 40 An animal under the care and responsibility of an applicant or permit holder has been found to be in need of immediate veterinary care that, if not treated, would result in suffering, pain, or death. (2) No permit fee shall be refunded for a permit that is revoked or suspended. For a permit that is denied after review and inspection, the permit fee shall be refunded as provided by the Commission by resolution. (m) Appeal Process. (1) Any applicant or permit holder who has been denied a permit or whose permit has been revoked or suspended may appeal the adverse action to a hearing officer by filing a written notice of appeal with the Division within ten (10) days after issuance of the notice of adverse action. (2) The appeal will be heard by a hearing officer within thirty (30) calendar days after the applicant or permit holder has submitted a notice of appeal. The initial hearing on the appeal may be continued by the Division, the hearing officer, or the applicant or permit holder beyond the thirty (30) calendar days for good cause shown. (3) Unless otherwise provided herein, the hearing before the hearing officer shall be governed as provided in Section 4 -12.5 (4) The denial, revocation, or suspension of the permit shall be upheld or reversed by the hearing officer. (n) Requirements Following Notice of Adverse Action and /or Appeal Process. (1) If the notice of denial, revocation, or suspension of a guard dog permit is not appealed within ten (10) days after the notice of the written decision of the hearing officer is issued, the applicant or permit holder shall immediately cease and desist operation of a guard dog service or use of a guard dog for the purpose of defending, patrolling, or protecting property or life at any nonresidential establishment in Broward County. (2) Any person whose permit has been revoked may not reapply for a period of one (1) year. (3) Each reapplication for a permit shall be accompanied by a fee to be established by the Commission by resolution. (4) Any person with a guilty adjudication of animal cruelty within the past five (5) years may not hold a permit to operate a guard dog service in the County. (Ord. No. 87 -21, § 1, 5- 12 -87; Ord. No. 95 -42, § 11, 10- 24 -95; Ord. No. 1998 -41, § 7,11-10-98, Ord. No. 2001 -67, § 5, 12- 11 -01; Ord. No. 2013 -10, § 1, 2- 12 -13) Sec. 4 -14. Reporting bides from dogs, cats, or ferrets. Any person who has been bitten or has knowledge of or treats any person bitten by any dog, cat, or ferret shall report the incident to the Florida Department of Health and to the Division within twelve (12) hours of the earlier of the occurrence of, or learning of, the incident. (a) Owners of dogs, cats, or ferrets which have been reported to have bitten any person shall be charged an animal bite investigation fee as set by resolution when Division staff investigates an animal bite by telephone or by review of correspondence or records to determine the vaccination status and quarantine requirements for the animal and it has been proven by clear and convincing evidence that the dog, cat, or ferret has bitten any person. Such fee shall not be assessed in those instances where the owner and the victim are the same, or are within the immediate family, or are living in the same household, and the dog, cat, or ferret has a current rabies vaccination. http://Iibrary.municode.com/print.aspx?h=&clientlD=10288&HT... 4/11/2014 Municode Page 29 of 40 (b) Owners of dogs, cats, or ferrets which have been reported to have bitten any person shall be charged a field investigation fee in the amount set by resolution when Division staff is not able to obtain all necessary information pursuant to Subsection (a) above and an animal care specialist is dispatched to conduct a field investigation. If the animal care specialist is required to make a visit to the victim of the animal bite to verify the dog, cat, or ferret bite or wound and obtain copies of all medical treatment provided by a hospital or doctor treating the bite victim, an additional field investigation fee will be charged as set by resolution. (c) If a quarantine is required at a quarantine facility and the owner of the dog, cat, or ferret has failed to submit the dog, cat, or ferret to the facility after a period of twenty -four (24) hours after notice of a quarantine requirement at a quarantine facility, the Division shall have the right to pick up the dog, cat, or ferret and transport said animal to the quarantine facility. The owners of animals shall be charged a transportation fee in the amount set by resolution when the Division transports the dog, cat, or ferret after the owner has failed to transport said animal to a quarantine facility within twenty -four (24) hours after notification of said requirement. (d) At the end of each quarantine period for rabies observation, owners of a dog, cat, or ferret which has been reported to have bitten any person are required to call the Division to verify that the dog, cat, or ferret reported to have bitten any person is alive and healthy to assure that it is free of a rabies infection. A quarantine release fee in the amount set by resolution shall be charged when the owner fails to call and the Division was unsuccessful in reaching the owner by telephone within forty -eight (48) hours following the expiration of the quarantine period, thereby requiring the dispatch of an animal care specialist to observe the dog, cat, or ferret. (e) An invoice reflecting the fees imposed pursuant to this Ordinance shall be sent to the owner of the dog, cat, or ferret. Payment shall be made by the owner within thirty (30) calendar days of the date of said invoice. Any person who fails to pay the invoice is subject to a civil action by Broward County to collect the fees. (Ord. No. 87 -21, § 1, 5- 12 -87; Ord. No. 1998 -41, § 8, 11- 10 -98; Ord. No. 2013 -10, § 1, 2- 12 -13) Sec. 4 -14.5. Dog and cat bites with injuries. (a) The owner or keeper of any dog or cat that inflicts severe injuries as defined in Section 4 -2 or attacks or kills a domestic animal as described in Section 4 -2 shall be subject to the provisions of Section 4 -14 above. If the Division concludes, following an animal bite investigation, that the dog or cat inflicted severe injuries while unprovoked, the owner or keeper shall, at all times that the dog or cat is not securely confined indoors or confined in an enclosure: (1) Muzzle the dog or cat in such a manner as to prevent it from biting or injuring any person or other animal; and (2) Keep the dog or cat on a leash with the owner or keeper in attendance. (b) Failure to comply with the requirements above shall constitute a violation of this section. Any person cited for an infraction for bites and unmuzzled dog(s) or cat(s) shall be assessed the civil penalty or penalties in the amount set by resolution. (Ord. No. 2002 -23, § 2, 6- 11 -02, Ord. No. 2005 -35, § 3, 9- 13 -05; Ord. No. 2011 -03, § 4, 1- 25 -11; Ord. No. 2013 -10, § 1, 2- 12 -13) Sec. 4 -15. Bite cases without injuries; suspected rabies cases. http://library.municode.com/print.aspx?h=&clientlD=10288&HT... 4/11/2014 Municode Page 30 of 40 Whenever the Florida Department of Health or the Division is informed that any dog, cat, or ferret has bitten any person or is suspected of having or showing suspicious symptoms of rabies, the Florida Department of Health requires that said dog, cat, or ferret be captured and confined for observation at the owner's expense for a period of ten (10) calendar days from the date of the bite. The procedure and place of confinement and observation shall be pursuant to rules and regulations promulgated by the Florida Department of Health or the Division. Home confinement of a dog, cat, or ferret required to be confined for observation shall be allowed upon approval of the Florida Department of Health or the Division. It shall be a violation of this section for any person to remove from any place of confinement any dog, cat, or ferret which has been confined pursuant to the requirements of this section without the consent of the Florida Department of Health or the Division. If a rabies alert exists in Broward County as announced by the Florida Department of Health, the Division shall have the authority to conduct emergency rabies clinics to protect the public. (Ord. No. 87 -21, § 1, 5- 12 -87; Ord. No. 1998 -41, § 9, 11- 10 -98, Ord. No. 2013 -10, § 1, 2- 12 -13) Sec. 4 -16. Surrender of animals for quarantine. The owner of any dog, cat, or ferret that has been reported to have inflicted a bite on any person, or that has been reported as being suspected or of having or showing the symptoms of rabies, shall, on demand, produce the dog, cat, or ferret for confinement or observation as prescribed in this chapter. Refusal to surrender said dog, cat, or ferret shall be deemed a violation of this section. The owner of any other animal that has been reported to have inflicted a bite on any person and that is considered to be capable of transmitting rabies shall produce such animal for testing as required by the Florida Department of Health or the Division. (Ord. No. 87 -21, § 1, 5- 12 -87; Ord. No. 1998 -41, § 10, 11- 10 -98; Ord. No. 2013 -10, § 1, 2- 12 -13) Sec. 4 -17. Cruelty to animals. Any person who beats, cruelly ill- treats, torments, overloads, overworks, fails to provide sanitary living conditions, starves, fails to provide reasonable medical care for illness or injury, tethers a dog in violation of Section 4 -8.5, hoards animals, uses an animal in violation of Section 4- 20, or otherwise abuses an animal or intentionally causes such animal to be mutilated or inhumanely killed, or causes the same to be done, or otherwise treats an animal in a cruel or inhumane manner, shall be deemed to be in violation of this section. (Ord. No. 87 -21, § 1, 5- 12 -87; Ord. No. 2013 -10, § 1, 2- 12 -13; Ord. No. 2013 -24, § 1, 6- 11 -13) Sec. 4 -18. Exposing animals to poison. It shall be deemed a violation of this section for any person to leave or deposit any poison or any substance containing poison in any common street, alley, lane or thoroughfare of any kind, or in any yard or enclosure other than the yard or enclosure occupied or owned by such person. (Ord. No. 87 -21, § 1, 5- 12 -87) Sec. 4 -19. Abandonment of animals. http://library.municode.com/print.aspx?h=&clientlD=10288&HT... 4/11/2014 Municode Page 31 of 40 It shall be deemed a violation of this section for any person to willfully abandon any animal for a period in excess of twenty -four (24) hours without providing adequate fresh food, clean water, proper shelter, protection from the weather and elements, including rain and direct sun, and necessary veterinary care for the animal. Animals locked unattended in a vacant house, trailer, or other similar structure or stored unattended in a boarding facility in excess of twenty -four (24) hours shall be considered abandoned. (Ord. No. 87 -21, § 1, 5- 12 -87,• Ord. No. 2013 -10, § 1, 2- 12 -13) Sec. 4 -20. Fighting or baiting animals prohibited. (a) As used in this section: (1) Animal fighting shall mean fighting between dogs or any other wild or domestic animals. (2) Baiting shall mean to attack with violence, to provoke, or to harass an animal with one (1) or more animals for the purpose of training an animal for, or to cause an animal to engage in, fights with or among other animals or as further defined in Section 828.122, Florida Statutes. (3) Person shall mean every natural person, firm, partnership, association, corporation, or other legal entity. (b) Any person who commits any of the following acts shall be in violation of this section: (1) Baiting, breeding, training, transporting, selling, owning, or using any wild or domestic animal for the purpose of fighting or baiting any other animal. (2) Knowingly owning, managing, operating, leasing, or having control of any property or any facility kept or used for the purpose of fighting or baiting any animal. (3) Owning, possessing, or selling equipment with intent to use it in any activity described in subsection (b)(1) above. (4) Promoting, staging, advertising, or charging any admission fee to a fight or baiting between two (2) or more animals. (5) Knowingly performing any service or act to facilitate animal fighting or baiting, including, but not limited to, providing security, refereeing, or handling or transporting animals, or being a stakeholder of any money wagered on animal fighting or baiting. (c) The provisions of this section shall not apply to: (1) Any person simulating a fight for the purpose of using the simulated fight as part of a motion picture which will be used on television or in a motion picture, provided that Section 4 -17 of this chapter prohibiting cruelty to animals is not violated. (2) Any person using animals to pursue or take wildlife or to participate in any hunting regulated or subject to being regulated by the rules and regulations of the Fish and Wildlife Conservation Commission. (3) Any person using animals to work livestock for agricultural purposes. (d) Any person violating this section shall be issued a citation by an officer. Prior to the issuance of the citation, an officer may issue a warning to any person violating this section. A citation may be appealed by filing a written notice of appeal with the Division within ten (10) days after issuance of the citation. The hearing before the hearing officer shall be governed as provided in Section 4 -12.5 of this Code. The Division may, pursuant to Section 828.073, Florida Statutes, impound any animals or equipment used in committing the violation and shall provide for appropriate and humane care or disposition of the animals. http://library.municode.com/print.aspx?h=&clientID=10288&HT... 4/11/2014 Municode Page 32 of 40 (Ord. No. 87 -21, § 1, 5- 12 -87; Ord. No. 2002 -41, § 1, 10 -8 -02; Ord. No. 2005 -35, § 4, 9- 13 -05; Ord. No. 2013 -24, § 2, 6- 11 -13) Sec. 4 -21. Medical experimentation. It shall be deemed a violation of this section for any person, firm or corporation to deliver, sell, offer or give any animal to any organization for medical experimentation. (Ord. No. 87 -21, § 1, 5- 12 -87) Sec. 4 -22. Report of injury to animal. It shall be the duty of any person who injures any animal by any means to promptly notify the owner of the animal if known, the division, a local veterinarian, or the appropriate law enforcement agency. (Ord. No. 87 -21, § 1, 5- 12 -87; Ord. No. 95 -42, § 13, 10- 24 -95) Sec. 4 -23. harboring of stray animals. It shall be a violation of this section for any person to harbor any stray animal unless he or she has notified the Division within twenty -four (24) hours of becoming aware of the presence of the stray animal. Upon receiving such notification, the Division may take such animal and place it in the animal shelter. Refusal to surrender any such stray animal upon request of the Division shall be deemed an additional violation of this section. Animal rescue organizations, veterinarians, or law enforcement agencies that receive stray animals are required to notify the Division within twenty -four (24) hours of the possession of the stray animals to enable the Division to distribute the information to the public. (Ord. No. 87 -21, § 1, 5- 12 -87; Ord. No. 95 -42, § 14, 10- 24 -95; Ord. No. 2013 -10, § 1, 2- 12 -13) Sec. 4 -24. Dogs and cats in state of pain and suffering. (a) In the event any untagged, non - registered dog or cat shall be found in a state of pain and suffering that cannot be alleviated or managed in the opinion of the County veterinarian, or becomes so during confinement, the Division is authorized to dispose of such dog or cat in a humane manner without complying with the seventy -two (72) hour waiting period set forth in Section 4 -5 of this chapter. (b) Notwithstanding Section 4 -5 of this chapter, in the event any registered dog or cat shall be found in a state of pain and suffering that cannot be alleviated or managed in the opinion of the County veterinarian, or becomes so during confinement, the Division is authorized to dispose of such dog or cat in a humane manner after a reasonable and diligent effort to contact the owner. (Ord. No. 87 -21, § 1, 5- 12 -87; Ord. No. 95 -42, § 15, 10- 24 -95; Ord. No. 2013 -10, § 1, 2- 12 -13) Sec. 4 -25. Interference with officer prohibited. Any person who hinders, obstructs, or otherwise interferes with an officer while discharging his or her duties under this chapter, or who takes or attempts to take any dog or cat from any officer or from any vehicle used by the officer to transport any dog or cat, or who takes or attempts to take http://library.municode.com/print.aspx?h=&clientlD=10288&HT... 4/11/2014 Municode Page 33 of 40 any dog or cat from the Division without proper authority, or who knowingly interferes with any animal trap set by an officer shall be deemed in violation of this section. Nothing contained herein shall be construed to authorize an animal care specialist to enter upon private property without consent of the property owner or without a valid warrant where such warrant is required; provided, however, that an animal care specialist or law enforcement officer may take custody of a neglected or mistreated animal as provided in Section 828.073, Florida Statutes. (Ord. No. 87 -21, § 1, 5- 12 -87, Ord. No. 95 -42, § 16, 10- 24 -95, Ord. No. 2013 -10, § 1, 2- 12 -13) Sec. 4 -26. Ownership of wild animals prohibited. (a) No person shall own or harbor any wild animal as a pet without the appropriate state permits provided for in Section 379.3762, Florida Statutes. (b) Zoological parks, performing animal exhibitions, and circuses which utilize wild animals in their performances or exhibitions shall be exempt from the provisions of this section. (Ord. No. 87 -21, § 1, 5- 12 -87,• Ord. No. 2013 -10, § 1, 2- 12 -13) Sec. 4 -27. Dogs or cats prohibited in parks and on beaches. No person owning or having charge, care, custody, or control of any dog or cat shall permit or allow the dog or cat into or upon any public park or beach in the County; however, this section shall not apply to parkways, wayside parks, beach areas, or other park areas in which dogs or cats are specifically authorized, provided said dog or cat has been registered pursuant to Section 4 -11 and the owner, or designee, is present with proof of said pet registration. (Ord. No. 87 -21, § 1, 5- 12 -87, Ord. No. 2013 -10, § 1, 2- 12 -13) Sec. 4 -28. Enforcement of violations. (a) Any person cited for a violation of this chapter shall be deemed to be charged with a civil infraction. (b) An officer who has probable cause to believe that a person has committed an act in violation of this chapter shall issue a citation for a civil penalty as specified in Section 4 -29 in an amount set by resolution. (c) Any person who willfully refuses to sign and accept a citation issued by an officer shall be guilty of a misdemeanor of the second degree, punishable as provided by Sections 775.082 or 775.083, Florida Statutes. (d) Any person cited with a violation of this chapter may pay the civil penalty and applicable costs within ten (10) calendar days of the date of receiving the citation. If the person cited pays the civil penalty and applicable costs, said person shall be deemed to have waived said person's right to a trial on the issue of commission of the violation. A person pleading "no contest" neither admits nor denies the charges but waives said person's right to a trial on the issue of whether said person committed the alleged violation by paying the civil penalty and applicable costs. A person pleading "no contest" shall not be subject to fines as a repeat or subsequent violator; however, a plea of "no contest" need not be accepted by the County, Court, or the Hearing Officer. (e) In the event a dog or cat is impounded for violation of this chapter and the owner of the dog or cat abandons or surrenders the dog or cat to the Division, the owner remains liable for the http://library.municode.com/print.aspx?h=&clientlD=10288&HT... 4/11/2014 Municode Page 34 of 40 civil penalties imposed for violations of this chapter. In the event the dog or cat runs away, is lost, is given away, or dies, the owner of the dog or cat shall be liable for any civil penalty imposed for violations of this chapter. (f) Any person who fails to pay the civil penalty within the time allowed, or fails to appear in court to contest the citation, shall be deemed to have waived his or her right to contest the citation; and judgment may be entered against the person in the County Court in and for Broward County for an amount not to exceed the maximum civil penalty of five hundred dollars ($500.00). (g) Any person contesting a citation shall be subject to a processing fee as set by resolution of the Commission. Contested citations issued by the Division shall be processed in the Civil Division of the County Court and heard by the Division Hearing Officer. (h) Nothing contained herein shall prohibit the enforcement of this chapter by any other means. (i) A municipality that adopts and enforces additional regulations within the boundaries of such municipality governing the care and control of dogs and cats, other than those regulations provided for in this chapter, shall be responsible for all of the costs of the implementation and enforcement of such additional municipal regulations. (Ord. No. 87 -21, § 1, 5- 12 -87, Ord. No. 88 -76, § 4, 11 -8 -88; Ord. No. 95 -42, § 17, 10- 24 -95; Ord. No. 1998 -41, § 11, 11- 10 -98; Ord. No. 2000 -19, § 1, 5 -9 -00; Ord. No. 2001 -67, § 6, 12- 11 -01; Ord. No. 2013 -10, § 1, 2- 12 -13) Sec. 4 -29. Amount of civil penalties. (a) Any person cited for an infraction under this chapter shall pay the civil penalty specified for such infraction as set by resolution. (b) If a citation is contested and the court finds by clear and convincing evidence that a violation occurred, the court shall impose a civil penalty of no less than the amount due under Subsection (a) had the citation been uncontested, and no more than five hundred dollars ($500.00). (c) In addition to any civil penalties, any person who fails to pay all penalties imposed within the ten (10) calendar day payment period shall pay a delinquency fee as set by resolution. (d) Any person who fails to come into compliance with any section of this chapter for which he or she is in violation within the ten (10) calendar day payment period shall be subject to citation for second and subsequent offense violations of the same sections of this chapter. (e) Any person upon whom a civil penalty is imposed shall also pay a surcharge in the amount set by resolution upon each civil penalty so imposed. (Ord. No. 87 -21, § 1, 5- 12 -87; Ord. No. 88 -76, § 5, 11 -8 -88, Ord. No. 95 -42, § 18, 10- 24 -95, Ord. No. 1998 -41, § 12, 11- 10 -98; Ord. No. 2013 -10, § 1, 2- 12 -13) Sec. 4 -30. Animal Care.Trust Fund Account. (a) There is hereby created a Broward County Animal Care Trust Fund Account for the purpose of accepting and disbursing gifts, grants, and awards of money paid to Broward County for the use and benefit of dogs and cats in Broward County. (b) The Broward County Animal Care Trust Fund Account shall be self - perpetuating year to year unless specifically terminated by the Commission. (c) All gifts, grants, and awards of money received hereunder from either public or private donors shall be placed in trust for and enure to the use and benefit of dogs and cats in Broward County. Unless said funds are directed for a specific purpose, the funds shall be expended, utilized; and disbursed only for the use and purpose of providing for the welfare of dogs and cats within Broward County, including those expenses approved by the http://library.municode.com/print.aspx?h=&clientlD=10288&HT... 4/11/2014 Municode Page 35 of 40 Subcommittee (as defined below), incurred by the Division in providing for the health and welfare of dogs and cats. (d) There is hereby created a Broward County Animal Care Trust Fund Account Subcommittee (the Subcommittee) consisting of six (6) members, five (5) of whom shall be members of the Broward County Animal Care Advisory Committee (the Committee) appointed by the Chair of the Committee. The Director, or designee, shall serve as the sixth (6th) member but shall be a non - voting member. A quorum shall consist of a majority of the voting members of the Subcommittee. The affirmative vote of the majority of the voting members is required for approval of a motion. Members of the Subcommittee shall serve for two (2) year terms and may be reappointed for one (1) additional term. No member shall serve for greater than two (2) consecutive terms. Before incurring an obligation or liability that is anticipated to be paid from the Broward County Animal Care Trust Fund Account, all persons, including authorized members of the Committee, shall obtain authorization from the Director and assurance that sufficient funds are available to pay such obligation or liability. All expenditures shall otherwise be in accordance with the criteria set forth below and shall be subject to the availability of funds from the trust fund. The expenditure of trust funds shall be subject to the conditions set forth by the donor's specific intent, if any, and the criteria set forth by the Committee, which shall include: (1) The trust fund shall provide necessary emergency medical or surgical treatment and care to sick or injured dogs and cats in Broward County described in Subsection (1)a or Subsection (1)b, below, who come to the attention of the Committee or any member thereof: a• Stray dogs or cats or dogs or cats apparently abandoned by their owners. b• Dogs or cats that are apparently owned and are in need of immediate emergency medical or surgical treatment but are not within the custody of their owners. (2) In all cases involving the provision of necessary medical or surgical treatment or care to dogs or cats described in Subsection (1)a or Subsection (1)b, above, it shall be the policy of the Committee that the following procedures be followed: a• Any member of the Committee is empowered to act immediately on behalf of an afflicted or endangered dog or cat in the exercise of sound judgment, independent of any other Committee member and without a consensus of the Committee or notice to any other Committee member. b• A dog or cat qualifying under Subsections (1)a or (1)b, above, may be taken to any Broward County veterinarian, by a member of the Committee or by Division staff, who shall be instructed to provide such veterinary services as in the veterinarian's sound discretion are necessary to alleviate pain and suffering and to stabilize the dog or cat. In such an emergency, up to five hundred dollars ($500.00) may be expended. C. Such veterinarian shall forward his or her statement to the Subcommittee for reimbursement, describing in detail the condition of the dog or cat upon admission to the veterinary facility. Approval for payment of such veterinary statements shall be by a majority of the Subcommittee at a meeting called upon proper notice. Any request for reimbursement for the provision of necessary medical or surgical treatment or care to dogs or cats described in Subsection (1)a or Subsection (1)b, above, arising from a Committee member taking a dog or cat in for veterinary services shall be reimbursed provided the Subcommittee deems the costs for the services reasonable. In the event the http: / /Iibrary.municode.com/ print .aspx ?h= &clientID= 10288 &HT... 4/11/2014 Municode Page 36 of 40 Subcommittee deems the costs for the services to be unreasonable, the Subcommittee shall reimburse the veterinary services at an amount the Subcommittee deems reasonable. d• No person who finds a dog or cat in distress and in need of medical or surgical treatment and who subsequently decides to adopt such dog or cat shall be precluded from receiving, on behalf of the dog or cat, the benefits of the trust fund simply because the dog or cat is adopted by the finder. e. Nothing contained herein shall preclude the Subcommittee from carrying out the specific intent of a devise from a donor even if said amount exceeds the scope of the foregoing criteria. f• In keeping with the humanitarian philosophy underlying the creation of the trust fund, the broadest possible application shall be given to the foregoing principles. 9• Extraordinary expenses, including costs of radiological services and other services not provided at the Broward County Animal Care facility, that are incurred by the Division in treatment and care of dogs and cats, shall be eligible for reimbursement to the Division upon approval of a majority of the Subcommittee. (3) A dog or cat adopted from the Division that develops medical or surgical problems within a period of thirty (30) days from the date of adoption, the cost of which exceeds the financial resources of the adoptive owner, shall also qualify to receive benefits from the trust fund. If the medical or surgical problems of such a dog or cat cannot be dealt with adequately by the County veterinarian and the owner wishes to keep the dog or cat but cannot afford treatment, and where such treatment is not the result of apparent abuse or neglect by the owner, the trust fund may provide for necessary additional treatment of the dog or cat by a Broward County licensed veterinarian on a case -by -case basis and at the discretion of the Director of the Division. A cap of three hundred fifty dollars ($350.00) shall be placed on such expenditures, which may be raised if necessary by a majority vote of the Subcommittee. In no event shall any expenditures of trust funds be guaranteed by any Committee member or made without approval of a majority of the Subcommittee members at a properly noticed meeting. (4) A dog or cat that is sick or injured and is owned by an individual who is financially unable to be fully responsible for the dog's or cat's treatment shall also qualify to receive benefits from the trust fund. Such treatment shall not exceed three hundred fifty dollars ($350.00), except that the Subcommittee shall have the discretion to raise the ceiling on the expenditures for such treatment when the circumstances of the case warrant increased reasonable expenditure. In the event the Director does not agree with the voting members of the Subcommittee, the Director may present the matter for consideration by the Commission at a properly scheduled meeting. Any expenditures from the trust fund not covered by the foregoing subsections shall be presented for consideration by the Commission at any properly scheduled meeting. (e) All gifts, grants, and awards of money hereunder shall be deposited in the Broward County Animal Care Trust Fund Account, which shall be a separate account established and maintained apart from the general revenue fund and accounts of Broward County. Monies obtained hereunder may be accepted on behalf of Broward County by the Director or such other person or persons as may be designated by resolution of the Commission and upon receipt of said monies shall cause the same to be delivered to the Broward County Records, Taxes http://library.municode.com/print.aspx?h=&clientlD=10288&HT... 4/11/2014 Municode Page 37 of 40 and Treasury Division, which shall cause the same to be deposited into the Broward County Animal Care Trust Fund Account. Funds deposited or credited to the Broward County Animal Care Trust Fund Account and not expended by the close of any fiscal year shall be carried forward to the next succeeding fiscal year. Any gifts, grants, and awards received subject to a condition shall be expended strictly in accordance with such condition. Interest accrued on the trust fund balances will be made available for operational usage or special programs as determined by the Director. Three dollars ($3.00) from each registration tag sold for sterilized and unsterilized dogs and cats pursuant to the S.P.O.T. Program shall be deposited into the Animal Care Trust Fund Account, which shall be identified separately and recorded in the accounting records to provide for the sterilization of dogs and cats of pet owners meeting the federal low income guidelines. One dollar ($1.00) from each registration tag sold for sterilized and unsterilized dogs and cats pursuant to the S.P.O.T. Program shall be deposited into the Animal Care Trust Fund Account, which shall be identified separately and recorded in the accounting records to be used by the Division to provide for training, marketing of adoption services, and other expenditures necessary for the care and adoption of dogs and cats. Upon repeal of the S.P.O.T. Ordinance [Ord. No. 2003 -32 and Ord. No. 2008 -42] on September 30, 2015, all remaining funds shall be used until exhausted through the sterilization program. The Division shall administer a program consistent with the S.P.O.T. Program. (f) The Animal Care Advisory Committee shall establish an amount to be set by the Subcommittee annually for review of requests from dog or cat owners who cannot afford to pay eligible medical or surgical costs pursuant to Subsection 4 -30(d) (3) and (4) due to specific situations, including temporary financial distress or unusual circumstances. To be eligible to receive funds, a dog or cat owner must prepare a request indicating why the owner cannot afford to pay the fees. All requests indicating that an owner cannot afford to pay the fees must be verified, and the information provided shall be reliable. In addition, the dog or cat owner must agree to have the dog or cat spayed or neutered to reduce dog or cat overpopulation, and have or obtain a current rabies vaccination and a current Broward County registration tag. Any exemptions from these criteria must be made by the Subcommittee. The amount payable from the trust fund may be amended by the Subcommittee subject to the availability of funding. (9) The Animal Care Advisory Committee, through its Subcommittee, shall administer the Animal Care Trust Fund Account in accordance with this section. (h) No trust fund monies, with the exception of accrued interest as provided in Subsection (e) above, shall be disbursed from the Broward County Animal Care Trust Fund Account unless such expenditures have been authorized by a majority of the Subcommittee members present during a vote. (Ord. No. 87 -21, § 1, 5- 12 -87, Ord. No. 1998 -41, § 13, 11- 10 -98, Ord. No. 1999 -72, § 2, 12- 14-99, Ord. No. 2001- 06, § 3, 2- 13 -01; Ord. No. 2003 -32, § 1, 9 -9 -03, Ord. No. 2008 -42, § 1, 9- 23 -08, Ord. No. 2009 -09, § 1, 3- 10 -09, Ord. No. 2009 -17, § 1, 3- 24-09, Ord. No. 2010 -10, § 7, 2- 23 -10, Ord. No. 2013 -10, § 1, 2- 12 -13) Sec. 4 -31. Rules, regulations, and fees. (a) The County Administrator may promulgate and establish such rules and regulations as may be necessary to give effect to the intent and purpose of this chapter. (b) Any rules and regulations established hereunder shall be included in the Broward County Administrative Code. (c) http://Iibrary.municode.com/print.aspx?h=&clientID=10288&HT... 4/11/2014 Municode Page 38 of 40 The County may impose such fees necessary to the implementation and administration of this chapter as are approved by resolution of the Commission. (Ord. No. 87 -21, § 1, 5- 12 -87,• Ord. No. 95 -42, § 19, 10- 24 -95,• Ord. No. 2013 -10, § 1, 2- 12 -13) Sec. 4-32. Dogs and cats in vehicles. (a) No person shall leave a dog or cat in a motor vehicle without adequate ventilation, or in such a manner as to expose the animal to extremes of heat or cold. (b) An officer may remove and impound a dog or cat from a vehicle if its safety appears to be in immediate danger from heat or cold or lack of adequate ventilation. The officer is authorized to take all steps reasonably necessary for the removal of such dog or cat, including, but not limited to breaking into the vehicle. Neither the officer nor his or her agency shall bear civil liability for damage. (c) No person shall transport any dog or cat in a motor vehicle unless the dog or cat is safely enclosed within the vehicle or, if travelling in an unenclosed vehicle (including, but not limited to convertibles, pickup trucks, open -bed trucks, and flat -bed trucks), is confined by a container, cage, or other device that will prevent the dog or cat from falling from or jumping from the motor vehicle. Any such container or cage shall be securely anchored to the vehicle in order to prevent movement about the vehicle. (Ord. No. 95 -42, § 20, 10- 24 -95,• Ord. No. 2013 -10, § 1, 2- 12 -13) Sec. 4 -33. Impounded unsterilized dogs and cats. (a) An unsterilized dog or cat impound fee in an amount set by resolution will be imposed on the owner of every reclaimed impounded, unsterilized dog or cat at the time the unsterilized dog or cat is reclaimed from the Division. Payment of the unsterilized dog or cat impound fee will be waived if the owner has the dog or cat sterilized by a licensed veterinarian and presents proof of such sterilization to the Division within thirty (30) calendar days of reclaiming the dog or cat. (b) If the dog or cat owner does not have the dog or cat sterilized, or does not present proof of sterilization, within the thirty (30) calendar day period, the unsterilized dog or cat impound fee will become due and payable at that time. If the dog or cat is sterilized and the owner does not present proof of such sterilization to the Division within the thirty (30) calendar days allotted for sterilization, the owner remains liable for the unsterilized dog or cat impound fee. Payment of the unsterilized dog or cat impound fee shall be made by the owner within thirty (30) calendar days of the date the fee becomes due and payable. Any person who fails to pay the unsterilized dog or cat impound fee is subject to a civil action by Broward County collect the fee. The Division will deposit all such collected unsterilized dog or cat impo to und fees into an unsterilized pet reserve fund to be used for targeted spay /neuter program be disbursed at the sole discretion of the Director. s, d t o (c) Any unsterilized dog or cat which is impounded two (2) times during any consecutive twelve (12) month period will be sterilized by the County veterinarian at the owner's expense at a fee set by resolution. Such sterilizations will be performed based upon the health, age, and general condition of the dog or cat. (Ord. No. 1998 -41, § 14, 11- 10 -98,' Ord. No. 2013 -10, § 1, 2- 12 -13) Sec. 4 -34. Animal Care and Adoption Victim Trust Fund. (a) http: / /Iibrary.municode.com/ print .aspx ?h= &clientID= 1(i2RR k TTT A / I I Pi Municode Page 39 of 40 There is hereby created a Broward County Animal Care and Adoption Victim Trust Fund for the purpose of accepting and disbursing a portion of dog or cat bite fees, gifts, grants, awards of money, and other revenue to pay the full or partial medical expenses of dog or cat bite victims. (b) The Broward County Animal Care and Adoption Victim Trust Fund shall be self - perpetuating from year to year unless specifically terminated by the Commission. In the event of termination, the Commission shall have sole discretion concerning the distribution of trust assets, provided, however, that any trust assets received and accepted subject to a condition shall be utilized and expended strictly in accordance with such condition. (c) All fees, gifts, grants, awards of money, or property, and other revenue received hereunder from either public or private entities shall be deposited in the Broward County Animal Care and Adoption Victim Trust Fund, which shall be separately established and maintained apart from the general revenue funds and accounts of Broward County and held in trust and inure to Broward County, its successors and assigns, and shall be expended, utilized, and disbursed only for the use and benefit of Broward County dog or cat bite victims. (d) Three hundred dollars ($300.00) of every first bite fine paid shall be deposited into the Broward County Animal Care and Adoption Victim Trust Fund to assist victims of dog or cat bites with documented, paid medical expenses. (e) Monies deposited in and credited to the Broward County Animal Care and Adoption Victim Trust Fund and not expended by the close of any fiscal year shall be carried forward into the succeeding fiscal year. Any fees, gifts, grants, awards, and other revenue received subject to a condition shall be utilized and expended strictly in accordance with such condition. (f) There is hereby created a Broward County Animal Care and Adoption Victim Trust Fund Committee consisting of four (4) members, three (3) of whom shall be Broward County residents appointed by the County Administrator. The Director shall serve as the fourth (4th) member but shall be a non - voting member. No trust monies shall be disbursed from the Broward County Animal Care and Adoption Victim Trust Fund unless such expenditures have been authorized by a majority of the Victim Trust Fund Committee. Within its discretion, the Victim Trust Fund Committee shall determine and ascertain the best utilization of trust funds for the benefit of victims. (9) The dog or cat owner or keeper cited for a dog or cat bite may elect to pay the victim's medical expenses if such expenses are paid within fifteen (15) calendar days of the bite. In the event the violator pays the victim's medical expenses and complies with all applicable provisions of Chapter 4 of the Broward County Code of Ordinances, the fine to be assessed pursuant to Chapter 40 of the Broward County Administrative Code shall be reduced by three hundred dollars ($300.00). (Ord. No. 2003 -02, § 1, 1- 28 -03, Ord. No. 2009 -9, § 2, 3- 10 -09; Ord. No. 2013 -10, § 1, 2- 12 -13) Editor's note- Section 1 of Ord. No. 87 -21, adopted May 12, 1987, effective May 26, 1987, repealed former Ch. 4, §§ 4 -1 -4-85, and enacted a new chapter, §§ 4- 1 -4 -31. The chapter was formerly derived from Ch. 21132(1941), §§ 1 -10, Ch. 28940(1953), §§ 1, 2, Ch. 63 -1162, §§ 1 -3, and Ch. 74 -443, § 1 of the Laws of Florida; Ord. No. 73- 15, §§ 1 -8, adopted Nov. 20, 1973, Ord. No. 73 -16, §§ 1 -5 and 7 -1, adopted Nov. 20, 1973; Ord. No. 75 -15, §§ 1 -4, adopted June 11, 1975; Ord. No. 5 -42, §§ 1 -10, adopted Nov. 19, 1975; Ord. No. 77 -1, §§ 1 -8, adopted Jan. 4, 1977,• Ord. No. 80 -14, §§ 1 -6, adopted Feb. 27, 1980; Ord. No. 80 -42, § 1, adopted July 16, 1980; Ord. No. 82 -17, §§ 1 -3, adopted March 23, 1982; Ord, No. 82 -22, § 1, adopted April 15, 1982, and Ord. No. 86 -4, §§ 1 -3, adopted Feb. 11, 1986. Ord. No. 2013 -10, § 1, adopted Feb. 12, 2013, changed the title of ch. 4 from 'Animals and Fowl" to 'Animals. " Laggkj http://Iibrary.municode.com/print.aspx?h=&clientID=10288&HT... 4/11/2014 Municode Page 40 of 40 http: // library. municode .com / print .aspx ?h= &clientlD= 10288 &HT... 4/11/2014 THE HUMANE SOCIETY OF THE UNITED STATES A Guide to Using Local Ordinances to Combat Puppy Mills Animal- friendly communities throughout the country are finding creative ways to combat puppy mill cruelty. Many communities have enacted ordinances directed at reducing the suffering of puppy mill dogs – by regulating either the puppy mills or pet stores themselves or the manner in which puppies are sold. This guide is designed to help you work for the passage of local laws in your own community that will improve the lives of dogs in puppy mills. What Kind of Ordinance is Right? The right ordinance for your community is the one that will solve the problems present in your area. If there are massive dog breeding facilities in your county, consider an ordinance that would place a limit on the number of dogs in a breeding facility. If unscrupulous puppy mill operators from a neighboring county are selling their puppies at a local flea market, by the road side or in a parking lot, work toward making a difference in those types of public sales. In determining what's right for your area, it may be helpful to talk with the local officials who are (or will be) charged with enforcement, such as animal control officers or public health officials. Whichever specific target area you decide to address, chances are good that another community has done much of your work already. Examples of ordinances include: • A Romulus, NY ordinance requires commercial pet breeders to provide humane treatment and housing for dogs and cats, and provides for regular inspection of their facilities. Romulus also enacted a moratorium on the establishment or expansion of commercial breeding facilities. • A Sherburne County, MN ordinance bans the keeping of more than 40 dogs and requires that no more than 10 of them may be intact females. (Sherburne County Private and Commercial Kennel Licensing Ordinance 134) • Pima, AZ, Houston, TX and East Baton Rouge, LA each have ordinances banning the sale of animals at swap meets and flea markets. (Pima County, AZ, 6.04.170 Sale of animals at swap meets and public property prohibited— Exceptions — Penalty, and Houston, TX, Sec. 6 -118. Roadside and flea market sales) • A Memphis, TN ordinance bans the sale of animals on roadsides and in parking lots. (Sec. 5 -15 Roadside sale of animals prohibited) • West Hollywood, CA and South Lake Tahoe, CA ordinances ban the sale of puppies and kittens in pet stores. (West Hollywood Ordinance 10 -836, and South Lake Tahoe Ordinance 32 -31.1 Retail sale of dogs and cats in pet stores prohibited) • An Austin, TX ordinance requires pet shops to pay a processing fee for every dog or cat they sell who is not spayed or neutered. (Ordinance No. 20080228 -057) 1 Page 1� THE HUMANE SOCIETY OF TN@ UNITED STATES In New Jersey, a state statute provides the foundation for those interested in proposing a pet shop ordinance. According to the statute, municipalities can choose to prohibit the sale of dogs and /or cats in pet shops. For communities where pet shops selling dogs and cats already reside, an ordinance can still be put forth and the residing stores would be grandfathered. (TITLE 4— AGRICULTURE AND DOMESTIC ANIMALS, 4:19 -15.8 Licensing of kennel, pet shop, shelter, pound.) Download the above - listed sample ordinances: www.humanesocietv.org/assets/pdfs/pets/puppy mills /sample ordinances guide pdf To search for municipal codes, including those mentioned here, visit www.municode.com/Library/Library.aspx Learn the process No doubt the examples above have led you to consider what changes would make the most impact in your community — and to wonder how to go about making those changes. The process for local legislation varies around the country, so take the time to get familiar with how things work in your community. An official or employee in your local government may be able to help you. Typically, for a city or county government, a bill is introduced to a council by a member of that council. These individuals are usually called councilmembers or aldermen. In some cases, proposed legislation will go to a small committee for review. Other times, the entire council may vote on it without a committee. Proposed legislation may be discussed at several meetings over a few months so that public comments may be heard. Sometimes amendments (changes) will be suggested or made, though these amendments will also need to be voted on before being inserted into the proposed legislation. Get conjinunity support Supporting a local ordinance means doing things like testifying at council meetings, contacting council members to express support for the ordinance, and informing others about the ordinance. Even in big cities, it can be common for very few people to get involved in local government (which means a small group of people are changing laws and policies), so getting active community support can make or break the legislation you are trying to pass. A diverse coalition will show your elected officials that a significant portion of the community supports your efforts. Examples of people who you'll want involved in your project at some point (and who you may call upon to testify in support of your proposal), include: • Animal activists • Reputable breeders • Parents • Responsible dog owners • Dog trainers and behaviorists 21 I ,fr4J '�4 "� THE HUMANE SOCIETY OF THE UNITED STATES • Animal shelter workers • Citizens who have purchased ill dogs from pet stores • Neighbors who live near "nuisance" kennels • Veterinarians and veterinary technicians • Animal control officers • Animal shelter directors • Health department inspector Find a friend in office Public officials tend to take their constituents' interests seriously, so try talking to your own council member or alderman first. As much as we'd like the people we vote for to agree with us, this may not always work. If your own council member isn't interested, don't despair. Try to find another official with an interest in animal issues and pitch your idea to them. Often, your local animal control bureau or non - profit humane society can point you towards a sympathetic decision - maker. Draft the ordinance You may already know what you want your ordinance to say, but it will have to be crafted into an appropriate legislative format. Looking through the enclosed sample ordinances can give you some ideas about what an ordinance should look like. If you write the ordinance yourself, someone from your local government may be able to help you by putting your ideas into the proper format. Go public! Local officials read local papers! Schedule a meeting with the editor or editorial board of your local paper to ask them to support your proposal. Contact other media outlets, including television and radio, to let them know about your efforts. Write letters to the editor of your local paper, remembering to state your case concisely (most papers prefer letters of 150 -250 words). Here are a couple of sample letters to the editor: Dear Editor. The [recent outbreak of parvo in pet store name] or [cost of local animal care and control efforts and number of animals euthanized] illustrates one of the major problems that result from bringing puppies from puppy mills into our community. People need to know that when they purchase puppies from pet stores, they are often unknowingly supporting a puppy mill. This practice is bad for dogs, and it is bad for our community. Puppy mills are inhumane breeding facilities that produce puppies in large numbers. They are designed to maximize profits and commonly disregard the physical, social, and emotional health of the dogs. The breeding dogs at puppy mills often live their entire lives in cramped, dirty cages, and the poor conditions cause puppies to have more physical and 31 :,1, Vwm,% J THE HUMANE SOCIETY OF THE UNITED STATES behavioral problems than dogs from good sources. The best way to stop puppy mills is for pet store owners to stop supporting them. Offering animals for adoption by hosting adoption events for local rescue groups and animal shelters is the humane model that every pet store should follow. If [location] wants to reduce the cost to the public of sheltering animals and encourage best practices in the breeding and purchasing of dogs, then an ordinance should be passed to prohibit the sale of puppies in pet shops. Dear Editor. It's great to see that [location] is finally considering an ordinance that would ban the sale of puppies in pet shops (article name, date of story). According to national animal welfare organizations, most pet shops sell puppies that were bred in terrible puppy mills. Three to four million animals are euthanized in shelters each year and over one million puppies are produced by USDA licensed facilities (they supply to pet shops) each year. By banning the sale of puppy mill puppies, [location] is moving in the right direction to create a more humane community. Testify If your council calls a public meeting to discuss your proposal, you should testify and get members of your coalition to testify with you. Plan ahead of time to make sure that everyone doesn't speak on the exact same points (a common problem at public hearings). For example, it may be wasteful and frustrating for legislators to have a dozen people talk about the abuse and neglect in puppy mills without mentioning the tax payer burden of animal care and control agencies that manage animal overpopulation issues day to day. Knowing how puppy mills impact communities all over the country—even when they are not in your backyard —is a very important point to communicate. It is particularly helpful if you can get animal control officers to testify on behalf of their agencies. Enforcement professionals in uniform can add an additional air of importance and mainstream acceptance to an issue. It's especially important to have an individual who will be enforcing the ordinance —this will vary by community. CoInpi•oirlise (if deeded) As easy and straight- forward as this all sounds, things may not run so smoothly. Whether because of enforcement issues or strong opposition, sometimes you may have to compromise on your ordinance. This is ok. Be prepared to compromise ahead of time. Know what parts of your ordinance are most important and which ones can be set aside, if needed. 41P <1-1. IrVeiTHE HUMANE SOCIETY OF THE UNITED STATES Celebrate victory, but remain vigilant You've completed a great accomplishment, so be proud of all of your hard work. Unfortunately, passing an ordinance doesn't mean that it will be enacted as is, well- enforced, or will remain a part of local law forever. Sometimes city or county attorneys will change the language of legislation that has been passed. In other cases, the law may be challenged in court and defeated. Whatever the situation, keep an eye out for related issues in your community after your ordinance has passed. Regroup after defeat You may not win your battle on the first time around, but don't give up. Maybe your council just wasn't ready for this particular issue at this time. However, now you have introduced them to the many ways in which puppy mills affect communities. Talk to those councilmembers who voted against your bill and find out why. You can learn from this experience and try to pass a better bill in the future. Start planning your next victory As you have seen, there are several types of ordinances that can help prevent puppy mill cruelty. If you are successful with one type of ordinance, you can often build on that success, and the relationships you have forged, to push for additional reforms. Q,taotes and Statistics 1,240,000 Estimated number of puppies produced by USDA licensed facilities each year 3 -4 million Estimated number of dogs and cats euthanized by shelters every year in the U.S. $4.00-$7.00 International City /County Management Association budgeting recommendation, per capita, for animal control programs. HSUS - The Humane Society of the United States The HSUS is not opposed to responsible dog breeding, but is opposed to the sale of dogs through pet stores and other commercial operations. In such situations, the desire for profit undermines proper care, seriously compromising the welfare of the animals. Furthermore, millions of animals are euthanized each year for lack of appropriate homes —a situation made worse by puppy mills. Our investigations of puppy mills that produce animals for wholesale to the pet industry also have exposed such unacceptable conditions as overcrowding; inadequate shelter, sanitation, food, water, and veterinary care; and lack of social or behavioral enrichment. 51 Page I W„yr INA 1%, THE HUMANE SOCIETY OP THE UNITED STATES ASPCA - American Society for the Prevention of Cruelty to Animals "The ASPCA is not opposed to dog breeding when it is done humanely and responsibly; responsible breeders assume lifetime accountability for the animals they have bred. Since puppy mills, by their very definition, are operations that fail to meet the ASPCA's standards for responsible breeding, we are opposed to them." The ASPCA advocates that responsible breeders never sell puppies to a dealer or pet shop. Beagle Club of America, Puppy Buyers Guide "Pet stores used to be the public's favorite place to acquire purebred puppies. Unfortunately, this is where the puppy mill finds its outlet for thousands of poor quality puppies produced [...: with no consideration for health and temperament. Pet stores offer various guarantees and assurances in an effort to sell their puppies, most of which are backed up by replacing the puppy with one of equally poor quality and /or health. The fact is that responsible breeders who care about what happens to the puppies they breed do not sell to pet stores." Boxer Club of America, Code of Ethics "Infractions: Selling, consigning or disposing of a puppy or an adult Boxer to a pet shop, chain of pet shops or any commercial kennel for resale." Golden Retriever Club of America, Responsibilities As A Breeder "Members should not sell dogs at auction, or to brokers or commercial dealers." Yorkshire Terrier Club of America, Code of Conduct "Puppies will not be sold or consigned to pet stores, agents, or other commercial enterprises nor sold to disreputable breeders [ ... ]" Expert Dog Trainer, Andrea Arden "Some stores will claim their puppies come from good breeders —but, logically speaking, wouldn't a good breeder want to know what home their dog's going to? [ ... ] a puppy mill is a place where animals are bred for income, where the breeders aren't doing as much as they can to raise the puppies properly. [ ... ] the majority of dogs in these pet stores are from puppy mills. And the reason the stores do well is the guilt factor. People think that by buying from a pet store, they're saving that dog in the window. But by paying $3,000, you're not rescuing that dog; all you're doing is condemning that dog's parents to being bred that many more times while living in a tiny little cage in South Dakota or Missouri." (Baldwin, Rosecrans. "On puppy mills, chew -a- holics, and why you should wait a month to name the new dog." New York Magazine, January 7, 2007, http: / /nymag.com /guides /everything /26283/) 6 [Page Lorrie Browne 2147 Wightman Drive Wellington, FL 33414 C 561 - 310 -4760 lorrie.brovvne@gmail.com April 8, 2014 Mayor Cary Glickstein Vice Mayor Shelly Petrolia Deputy Vice Mayor Jordana Jarjura Commissioner Al Jacquet Commissioner Adam Frankel City Attorney Terrill Pyburn, 100 NW 1st Avenue Delray Beach, FL 33444 Dear Mayor, Commissioners and M5 Pyburn, I have been a resident of Palm Beach County for the past 18 years and have always known this to be a family and animal - friendly community. I am concerned about the fact that pet stores are allowed to sell puppies and kittens in Delray Beach. You may not be aware that three to four million animals are killed in shelters each year and over one million puppies are produced by USDA licensed facilities (they supply pet shops) each year. Over 90% of the puppies and kittens that are sold in pet stores come from puppy and kitten mills that are poorly regulated, if at all. The animals are over -bred in horrific conditions that do not support their physical or mental well -being and in turn, are sold at high prices to unsuspecting consumers who are left with sick and dying animals. As such, I am asking you to consider an ordinance that will disallow pet stores to sell puppies and kittens in Delray Beach in an effort to protect your residents and many innocent animals. By banning the sale of such animals, Delray Beach would move in a positive direction to create a more humane community, protect the consumer rights of the residents and prevent more taxpayer money from being spent to euthanize animals at Palm Beach Animal Care and Control, where over 7,000 dogs and cats were killed last year. Thankfully, Delray Beach residents have numerous options when it comes to adopting a pet from a shelter or rescue group, which in turn, supports the community and the animals. You have always been sensitive to the preservation of the unique character of Delray Beach and maintaining the family strengths of your community. As a Palm Beach County resident and animal advocate, I urge you to consider such an ordinance. In January, the Village of Wellington passed such an ordinance and on April 7th, the City of Greenacres did the same. I have included some. research for your information. I am happy to discuss any questions or concerns that you have. Sincerely yours, Lorrie Browne MEMORANDUM NO. 2013-050 TO: BOB MARGOLIS, MAYOR HOWARD K. COATES, JR.., VICE MAYOR MATT WILL HITE, COUNCIL MAN XN-N. GFRW1G, COUNCILWONTAN JOI-IN GREENIE, COUNCILMAN CC: Paul Schofield FROM: Megan C. Rogers liloft. DATE: Decemhe-r 5, 2013 RE: Constitutionality of Proposed Pet Store Ordinance 'Ms. Lorrie Browne, a Wellington resident, has asked Wellington to pass an ordinance banning the retail sales of do,,,,,s and cats within the Village. Council directed staff to review the law to &iennffie vvIiether such an ordinance would be enforceable. My analysis fblloN,,,S: Under Florida's Municipal Home Rule Pom-ers Act a municipaliti nj'ay exercise any power for a municipal purpose unless otherAvise expressly prohibited. 00, of Boca Raton 1'. 59-5 So.2d 25 (Fla. 1992). State law contains a number of provisions relating to animals, including: d. mcurkiag, branding audstamphig of'ji vestoch (Chaptei• 3:x4); Stiles vhtms 1"1ld 53-1). c. animal ind-usti-v sand disease conlrol.. inspPetion and eradication (Chapter 585 )- -jjoj.s(F. .8'-K06.S)- o. al(.' ofaiiinvIs folind hi distress (F.S. 828.07-11); al`: - of -11 iifi -ial colodjvT and salt: of cenam. animals (F.S. 82'.1615): and i nspovi;ecl (".- o I i eyLcl Im s)v I e iry 10 c. -pros ro cjiati orcfiiian ,s ifi,a, o p ptc� flit ol. jjntvl 11don oi po16.!ty. 'Fla. Si-q. 820"27. "Control" is defined 115 "the regulation of the possession, own',.rship, care, and cu:,zt.)dv ofarlillials", m. Palm Beach Col Liv,.- has adopted oi-dinaiiyes intcndw to protcct the li,�Ldth. saltetwv-, ;111c1 V-1 of I f1711 '� � t :its Md animai;of tit..- county. Thcse provision-.; include but &I"? (lot litftitc(i tc, � .. .1 - I -it Oo ing -as stand-`]j-d& dpi'itillp rcqj.jpva 1. aw-r,;;;;.i doi;.s., andl regulating guard dogs and pet shops Since 2 - 011, County ordinance ha.-� requimd pet store 10 provi--Je consumers with the name and `address of a puppy's breeder along. vvith the a ;4: F, i animal's medical history and vaccination records. This regulation is consistent with national efforts Lo pro, ide transparency to consumOrs purchasing p is from pet stares. Existing State and County statutoIy provisions do not preclude or prohibit a municipality from more closely regulating the sale of dogs and cats. Pursaiant to the Municipal Horne Rule Powers Act, Wallington may regulate such sales, so long as the proposed ordinrnce complies Nvith constitutional requirements. In regulating and prohibiting the sale of all dogs and cats by pet shop owners in the Village, the proposed ordinance implicates both the Takings Clause and the Commerce Clause of the U.S. Constitution. The Takings Clause of the Fifth Amendment, made applicable to the States through the Fourteenth, provides that private property shall not "be taken for public use without Just ,�onipensation." Government regulation of a business may, in some instanc.-es, be so encompassing or onerous; that its effect is similar to the direct appropriation of land or property. Penns llvania Coral Co. v. Alahon. 260 U.S. 393 (1922). If a regulation completely deprives an w oner of "all economically beneficial us[e]" of his or her property, the government must compensate the ovvner for their loss. .Lucas v. &W17 Carolina (76astal Council, 505 U.S. 1003, 1019 (199?). Under Florida law, dogs and cats are considered personal property. Be1777ett v. Benlwll, 655 So.?d 109 (1'' DCA 1995). Because the proposed ordinance would bar the sale of certain animals entirely, shop oivneis arguably would be entitled to compensation from the Village. However, staff is not mv-ze of any stores currently selling dogs and cats as contemplated by the ordinance. Since there are no businesses currently operating whose properly interest would be affected, th., proposed regulation does not deprive any individual of all economically beneficial uses of their property. To be clear, the Takings Clause. provides for reco,,ery only i�-here the govorimient has depriviM an owner of an existing use or benefit. The ordinance as propo :;ed does not create a cause of action for compensation. 111u C Ohlinercc Ciallse of the L.1114td 113`tat4a C'onstitutioil Is butte it grant oat iolitir.'ablOi1,11 lltl hoi'li5' to i`:'S?t :laic' lilterstate con]n crcw and a restrictioi-i on siate;•,' alliflority. Low-al r1�i111 :`i.iii •..: that (li i iiiii' :1 ' r1 'il'ISt Illti:1 eti „_- L�ra.' i.` tiillki :ids iIa;iaW iilL f :'olnillerce Claus<.. cachia 1'. I'dr1+m rada. 542. F.3d 839 ( : ?t101{). � I)icrrilnin��tic�n °' I7?: �,ilS tlY'i1t ;ire i :i -ltti_ ;?k-1 OLO, t+ : 17i,' CCO :ri ill lY icl'c:ii ct'•.tf it''�;tle :: la" l'. il`_l�l ,ilia 11 In ?.F?.. , °,' 1`,111It' SIn111ItZiic i)tt l�' bLir(.1(".11iilf, out or itiltr or non -local interest. O7'f. o;i �i "clGrr ,'hl :AlF';'!.1', hie. 171 „7-,r loll (%ifjilil: t1) t� %'+.'.• .ill �.�,`_. o_ . `'i (1 {k %7 l.) i. ? .5. ill;" lt::littl li. :'c.i;ili) :ills: a)F % t :CiiCil7l :�liY `lI�(if` �I" ' 31.i171r.'.C'i . {i� 5 illllal P-C." .51: JUL' 0"' ) ;21 (WiNitlilWill Coll s[ uw il-A there ai0 n) other 11i -ans of aax ullclll , a kcgitilllkao lj val pli'oOFIC'. Where all orkliilance. affects lrittr itat °a commerce, the ordinanct must regulate C-1 en- handerll y to effectuai Ll. Ic-itirnate local pudic interest. Sn lung as the law's of e,'ts on intorst lto L.okllllit:rce laic illcidtn'.al. it chill be upheld unless the burden imposed oil ,-Lech coni'llerce is tl,r. rlj' L°.xec ssil : 141 re-latior) to the Putative 1!Y(:ai bctictits. fflr' 77 Pordant! Ceini_w Co. 4?. Oil, of 1. elt—J71. . 62- U.S- 4_410. 4'" 11960). Ii a lcgit?nigt %' 1OCal PLlrfkuSe i5 filli.nd.. tl;'.Ik ibe g1le';doil l)t1nincs on- of Lt`•'+rre . `k ( dht 'T OT '1L11 _1 bl.Wdc t! UII conlillt'rce ii l7Cl SCl`t t11.Y�" depend on the nature of the local interest involved and whether it could be promoted as well with a lesser impact on interstate activities. Pike v. Bruce Church, Inc. 397 U.S. 137, 142 (1970). Here, the proposed ordinance is grounded in a legitimate public interest: encouraging community awareness of animal welfare; promoting adoption of dogs and cats from rescue organizations and shelters; protecting of the health and safety of companion pets in the Village; reducing the cost to the public of sheltering animals. Moreover, the ordinance uniformly prohibits the sale of dogs and cats at pet stores. It does not discriminate between pets sold locally and those purchased for sale outside of the Village, Palm Beach County or the State of Florida. The International City /County Management Association recommends budgeting between $4.00 and $7.00 per animal for animal control issues, a significant cost to Florida municipalities and counties. Recent data reflects that over 7,000 dogs and cats were euthanized in 2012 alone by Palm Beach County Animal Care and Control. National organizations including the Humane Society and the American Society for the Prevention of Cruelty to Animals advocate for and recommend adoption of pet store bans as a mechanism to prevent overpopulation and stem cruelty in breeding. The regulation's intended purpose is not clearly excessive in relation to the Village's substantial interest in protecting consumers, guarding taxpayer dollars, promoting the humane treatment of companion pets and safeguarding the health and welfare of residents' healthy animals. Several municipalities in Florida have adopted similar ordinances, including the City of Lake Worth. The constitutionality of these ordinances has not been challenged. The proposed ordinance prohibits the sale of dogs or cats in pet shops but does not regulate the sale of dogs or cats from breeders, animal shelters, rescue organizations, or pet stores th- at sell dogs or cats in connection with a shelter or animal rescue. The proposed ordinance is carefill not to limit a pet store owner, operator or employee from providing space mid appropriate care for animals owned by an animal shelter or rescue organization. bY!Ucparm�en!;ti_eg,al';11L �40S�Q13-D�1� (Pei Skore Or(jilimce. }.doax MEMORANDUM TO: Commissioner Michele Lazarow FROM: Susan Chana Lask, Esq.' DATE: October 30, 2013 RE: Hallandale Ordinance No 2012- ------------------------------------------------------------------------------- Law at Issue: No pet store shall sell dogs or cats except if bred on the pet store premises or animal shelter or rescue. Rationale: The preamble to the ordinance explains that the law is needed because many dogs and cats come from Mills where inhumane breeding and raising occurs leading to genetic disorders in addition to harming the animals, which in turn burdens the city shelters at a cost to the public to run those shelters. Thus, only shelters or pet store born puppies can be sold. Ordinance Issues I thought of: I. Are shelters prohibited from purchasing and reselling dogs from puppy mills in any way? 2. Is there an ordinance limiting the number of puppies and kittens sold on the premises at any one time? Constitutional Issue: 1. Is it unconstitutional for a government entity to prohibit the retail sale of products? No. This is not a constitutional issue at all. It is actually an expectation from the commumity that its elected officials in Hallandale pass ordinances protecting the citizens, their animals /pets and preventing defective products into the community. I. Introduction Puppies and kittens are deemed products that are sold commercially for retail sale in pet stores. As products, they can be defective with genetic disorders which harms the animals and causes them pain. That in turn leads to consumers unknowingly purchasing defective products to either return the pet to the place of purchase, abandon the pet at a shelter or in the streets or the pet store will abandon the pet to a shelter or the streets because they can not sell defective or "unfit for sale ". In turn, shelters spend money to hold the animals or destroy them at a cost to taxpayers. Municipalities have an interest in protecting both the animals and consumers from personal and economic harm. The intent of Hallandale's ordinance clearly protects animals, consumers and taxpayers by eliminating defective products from pet stores by prohibiting sales other than shelter animals or animals bred at the store. That prevents animals from being brought into the town from unknown origins, such as out of state puppy mills that may have different breeding, inoculation and other health regulations that this state and town may have. II. The Law Florida's appellate court in Phantom of Clearwater, Inc. v. Pinellas County, 894 So.2d 1011 (F1a.App. 2 Dist.,2005) held that an ordinance is not unconstitutional if does not preempt the sale of a product. Phantom involved an ordinance prohibiting the sale of fireworks, mandating certain registration requirements and other prohibitions with respect to the sale of that 1 Licensed in NYS only. This is not legal advice but written solely on a personal level regarding our mutual interest in saving animals. You are advised to seek legal counsel in Florida. 1 product. Phantom held that a County can enact regulations regarding the operation of businesses involving fireworks provided those regulations did not directly conflict with state law. Fireworks, like puppies and kittens, are products commercially sold. Thus, the Hallandale ordinance involving the safety of consumers and a product is not unconstitutional. In fact, the protections in the ordinance are expected from the elected officials of Hallandale for the protection of their community. Counties in Florida are given broad authority to enact ordinances. See Art. VIII, § 1(f), (g), Fla. Const.; § 125.01(3), Fla. Stat. (2003); St. Johns County v. N.E. Fla. Builders Assn, 583 So.2d 635, 642 (Fla.1991). The legislature can preempt that authority and may do so either expressly or by implication. See Santa Rosa County v. Gulf Power Co., 635 So.2d 96 (Fla. 1st DCA 1994). Preemption by the legislature essentially takes a topic or a field in which local government might otherwise establish appropriate local laws and reserves that topic for regulation exclusively by the legislature. Express preemption is specific. See, e.g., § 24.122(3), Fla. Stat. (2003) ("All matters relating to the operation of the state lottery are preempted to the state, and no county, municipality, or other political subdivision of the state shall enact any ordinance relating to the operation of the lottery authorized by this act. "); § 320.8249(l 1), Fla. Stat. (2003) ("The regulation of manufactured home installers or mobile home installers is preempted to the state, and no person may perform mobile home installation unless licensed pursuant to this section, regardless of whether that person holds a local license. "). I do not know of a Florida statute preventing municipalities from passing laws to protect animals and consumers in their towns. You as commissioner would know better. Implied preemption is a court decision to create preemption in the absence of an explicit legislative directive. Notably, courts are reluctant to preclude a local elected governing body from exercising its local powers. (see Tallahassee Memorial Regional Medical Center, Inc. v. Tallahassee Medical Center, Inc., 681 So.2d 826, 831 (Fla. 1 st DCA 1996)- if the legislature can easily create express preemption by including clear language in a statute, there is little justification for the courts to insert such words into a statute). Therefore, Hallandale has little worry of a court interfering with their ordinance that is well reasoned. III. Conclusion It is not a constitutional issue for towns to enact ordinances for its citizens. The only issue is whether the ordinance conflicts with state statutes. Enacting ordinances is an expected function of elected town officials. The Hallandale ordinance appears valid, rational and proper for its purpose to protect the public, animals and citizens alike. 2 What Is a Puppy Mill What Is a Puppy Mill? A. puppy mill is a large -scale commercial dog breeding cperatior, where profit is given p, odty over the Weil -being of the dogs. Unlike responsible breeders, who place the utmost importance on producing the healthiest puppies possible, breeding at puppy mills is performed without consideration of genetic quality. This results in generations of dogs with unchecked hereditary defects. Puppy mill puppies are typically sold to pet shops — usuaily through a broker, or middleman —and marketed as young as eight weeks of age. The lin;:age records of puppy mill dogs are often falsified. What Problems Are Common to Puppy Mill Dogs? Illness, disease, fearful behavior and lack of socialization with humans and other animals are common characteristics of dogs from puppy mills. Because puppy mill operators fail to apply prop:_-r husbandry practices that would remove sick dogs from their breeding pools, puppies from pupp mills are prone to congenital and hereditary conditions. "i'hese can include: Epilepsy Heart disease ' Kidney disease Musculoskeletai disorders (hip dysplasia, luxat ng patellas, etc.) Endocrine disorders (diabetes, hyperthyroidism) Blcod disorders (anemia, Von .'Uillebrand disease, ° Deafness Eye problems (ca taracts, glaucoma, progressive retinal atrophy, etc.) fiespiratory disorders On top of that, puppies often arrive in pet stores —and their new homes—vvith diseases or infirmities. These can include: " Giardia ' Parvovirus ' Distemper 1 r nner resuiratory infections Kennel cough ' Pneumonia Mange Fleas Ticks Intestinal parasites Hearworm Chronic diarrhea Hav r .,Ilre Animals Treated at puppy Mills? Peppy mills usually house dogs in overcrowded and unsanitary conditions, vrithout adequate veterinary care, food, ;eater and socializztioa. Puppy mill dogs do not get to experience treats, toys, exercise or basic grooming. To minimize waste cleanup, dogs are often kept in cages with wire Flooring that injures their pa -,,is and legs —and it is not unusual for cages to be stacked up in columns. Breeder dogs at mills might spend their entire lives outdoors, exposed to the elements —or crammed inside filthy structures where they never get the chance to feel the sun or a gust of fresh air on their faces. How Often Are Dogs 3red in Puppy Mills? In order to maximize profits, female dogs are bred at every opportunity with little to no recovery time between litters. When, after a few years, they are physically depleted to the point that they no longer can reproduce, breeding females are often killed. The mom and dad of the puppy in the pet store window are unlikely to make it out of the mill alive —and neither will the many puppies born with overt physical problems that make them unsalable to pet stores. 2 "Florida had the highest number of consumers -,,,r submitting complaints toTheHSUS, followed?'" M-�,fAo* by Ohio and Illinois. ,. THE HUMANE SOCIETY OF THE UNITED STATES Puppy Buye; 'Complaints A Five Year Summary, 2007- 20..,1. The Humane Society of the United States receives complaints about sick puppies on a daily basis. Over a five -year period (2007- 2011), our puppy mills campaign received 2,479 puppy buyer complaints. complaints came to The HSUS via our website complaint form (www.humanesociety .ore /puppycomplaint), by email, and through our puppy mills tip line. Buyers complained about sick puppies sold by a variety of sources, including pet stores, breeders (both in person and online), or middleman dealers (sometimes known as brokers). Unsatisfied buyers contact The HSUS for many reasons; some are seeking information about how to pursue their consumer complaint, others seek information about where their pet store puppy really came from, many want the seller investigated or potentially shut down, and others simply want to share their stories as a warning to others. But the complaints received by The HSUS represent only a small fraction of all sick puppy complaints nationwide. Some buyers of sick puppies report their complaints directly to the seller, to local animal control, or to a consumer agency such as their local Better Business Bureau, instead of contacting a national group. Many others do not contact anyone at all. Therefore the 2,479 complaints received by The HSUS represent just a very small sample of all consumer problems with sick puppies. The Pixie: Purchased from a Texas breeder via the newspaper, she died less than a week after purchase from an unknown illness. Staff with The HSUS made an attempt to follow up with each complainant to check on each puppy's well -being and survival, and to offer advice on how to resolve each complaint. Some complainants, for example, were advised of their states' puppy lemon laws or referred to local law enforcement or animal control agencies, if warranted. Some complaints were forwarded to The HSUS's Animal Rescue Team or other departments for potential investigation. HSUS is just one of many online forums for filing complaints about the purchase of sick pets, since searches on websites like www.ripoffreport.com, www.complaintsboard.com, and www.pissedconsumer.com yield numerous consumer complaints about sick and dying puppies. For this report, however, only complaints reported to The HSUS were counted. Puppy Buyer Complaints, 0 The Humane Society of The United States 2012 Page 1 Pet Store Complaints by State 1 2007 -2011 J �x axw�n��r rP� rr, D[ DC C buyers in all states) were Missouri, Florida, and Ohio. The highest number of complaints about puppies purchased from pet stores involved stores located in Florida, Ohio, Illinois, Pennsylvania, New York, Michigan, Texas, California, *Darker colors depict states with the highest number of complaints THE HUMANE SOCIETY OF THE UNITED STATES both a Florida business and an Arkansas business. If the buyer did not know where the puppy came from before reaching the store then only the state where the pet store was located was logged. Florida had the highest number of consumers submitting complaints to The HSUS, followed by Ohio and Illinois. The states whose businesses generated the most complaints r 4 Breeder / Broker Complaints by State �4j11. 2007 -2011 n �x�so��tr H n PF Mn Dr *Darker colors deplet states with the highest number of complaints Puppy Buyer Complaints, 0 The Humane Society of The United States 2012 Page 5 Follow us on "rue;;dr iy. Arnli b. 204 ; 4:11 Svbs- the i Today's oap-ar Customer care In I Brea ci ng nieces starts bare Search Upd st, d: 12:32 p.m. Thursday, Feb. 17, 2011 1 Posted: 9:21 p.m. Satvrl, -y, Dec. 1 j . 2017 Mass breeders ship thousands of puppies to Palm Beach County, Treasure Coast Related By Pat Beall and Jennifer Sorenirue Palen Eeach Pot Stal P riter_: %,'ilha` Susan A'larik -,ranted was a he7,l'.hy, teacur - : :3 'kzed pug puppy vi t h a good pedigree — and no puppy mili in its history. INI'lat site not from a Boca Rator, puppy boutique v:,as 4- pound, 11-x. *.peek -c1cl Pi:olly, loaded vrith perms, in need of oxygen treatment- and bom in ; 9is.3our , the puppy raill capital of the nation, klolly's travels are parr of a puppy pipeline f.-om the Ozarks to South Florida. one that has brought thousands o� s:ametimcs -sick puppies train.: rr ot;347reeding operations to local pec stores. A least 2,500 pupp e3 were delivered to Palm Beach arc: St. Lunie couniies fro;n out -of-state breeders in an 11 -month period axamined by The Palm Beach Post. Roughiy one in three of those came from breeders or distributors cited for problems by the U.S. Department of Agriculture, which oversees vinolesale dog breeding. Citations varied from keeping animals in too -small and rusting cages with exposed ,nails or wires, to caked feces. to infestairons of roach -as and other insects that covered the walls and ceilings of kennels. At one operation, vl,hic T delivered 82 puppies to area pet stores, USDA inspectors found multiple sick animals in need of vetarinary rare. T;vo had to be eutihaolzed. In dozens of ca es, kennel o;e nars averted USCA irispec ion e0rely by not being on site oher, inspectorsq s�A,),. gad urn. Pei sales nation: iiy rare a $2.2 billion b siness, according to the Ajaericar: Pet Products Association, fed In part b7 g; o•sJing demand for `tcacup _silzi cd dogs. i "s riot known what percentage of pet store sales of puppies a a dependent on ma_s-i:reed :ng operations. However, `V s delircitely in t* a millions" of do ". ars nationwAe, said Kath',aen Surzmers, rnanag,ar of the Hum :ire Society of the United Sia es' anti- puppy -grill campaign. "If you consider thz:.t if (brokier Gsnd distd5,'itor) Hunte Corp. alone sells 85,000 puppies a year. and if t ley ai -e making a couple of hundred dollars per puppy, then you are at $16 million a year and that is just. for Hung:." 10,11ire cages, imperfect rules Eight area ;Bet re €ailers receiver; puppies from troub;ed breeders. Those contacted or visited by T111a Pest all emphasized that their puppies cori;e f.o :-n USDA- certified breeding operations_ And some pet stores, such as Petland, uce mi"ddlamen will' feu L!SDA violations. Biokers, thou ;gh, may be buying from breeders %Atl. docurren*.ed preblerrz. :sio l'yf, fear, instance, carne -10"r o:m B &T Distributors, a broker with no major USDA citations. However. E &T got the puppy from W,issoriri breeder Vicki Nelson. 'Olithin weeks o: ',Oolly's birth. a USDA report or Nelson's operation during a pare- lizense inspection found crov:ded cage.- :hal did riot ha /e enough room fog° dog-6 to "sit, stand, and lie in a ror.mal maniiei* and io twrn aho!.if freeiy." The i.nspef.t..,r also not, -d that ou«ioo eoidcsures Vvare rusty and dirt - covered, and scree had sharp edges. ;=uch`iiizpec0onc are not a perf6ct science: i he USDA employed just 99 inspe ^fors in 2008 to exainine 5,720 licensed breeders and broke = =rs across tl -+a nation. Further, soria sellers in The Post's revie.v of sales records were not listed as licansau by tit,: USDA, wv -x-Srg any inspection. And sellers who deal d ?rectly 1 ;vith buye;s over ire Inteinet are rot fr derally regulab%d. Even a cisan USDA bill or heaft wary nol mean much, a recent federal audit suggested, because the ager%Y has �ictne sucf,i a poor j;:.Ib of policing, firirt J and suet isincl puppy revoking a license is ra sometimes taking years to complete, vv,lIifa a bno tier may coni~inue to dc. business. A�.,3o - JS CA regulations alloy a mediun -sued dog to spend brier entire life in a rage the size of you. refrige aior !Viti3 several other d:Dgs, and the bre e der i3 in full compliance,' said klarty LaHcrt, an attorney Who sued Puppy Palace in Boynto:z Bo3ch on "sei?alf of a customer ,'ho bought a slck puppy. The case vies settled cut of court. Co im�_,rcia! breeders t spica:ly house their dogs in unhea ad %vira ;ages, and USDA regulat ens urn not requice that t`:e do ;s ever be allcvv�d out of th, %s cares to relieve themselves or get exercise," said LaHart. "Nei daily, not xveekly, not Ever." erym is ;ra cornm3 iiy cited by UWAinspections of breeders selling to 1-;cal pet shcas might seem small. Bu[ m2tted hair leads to skin sores. Puppies whose pavrc beconVie stuck through tn14arge holes in N.- floor can break a leg. Acid they; there are ru fed, broken or prw riding cage wi res. "One of the most common things we fnd in puppy mills -wk here we tin rescues are dogs vtih missing ekes 61e to tiie jagged m tal ors t'm a (:-,gas," -.ad Ti,ri Rickey, senior director of field investigations for the American Society for the Prevention of Ciuell t? Animals. "ThE:;e togs fraque„tiy have a 2 -by -2 -foot box to T a in. If there is jagged n=atal, it is yuare:,teed t�? injure tie animal a soree point. Those are pretty significant infraction;." Serious USDA violations Certain breeders deli-vering puppies to Palm Beach, County lead rn-)re serio,ic problems.. according to JS-DA reportE from 2007 to 2010, i�,meng them: * Karen Brunkhortit, Armstrong, Mo.: Repeatedly averted USDA inspection because no one was home. !_fitter of puppies walking in snupy wet feces; sorne with extremely splayed feet, likoly from nutritional deficiency. Two adult .mastiffs taller than their cages. Two adult golden retrievers in same shelter wiaiout enough room to sit, stand or mcvs about fre efy. Local sales: Palm Beach Puppies in Boca Raton and Tiny Paws hi Port St. Lucie. « CherjI Ptcudy, Sendca, No.: Sharp wires ir_ cages, teed bowls contaminated with caked food dust and feces fio,n top cages leaking onto boti.m cages. Local sale: 11m Hayes, %-vho sells puppies fro,n her home. 9 Biondi Chenoy, hvo sites run by her or her moft3r; 41iian, Mo.: In outdoor siielters, 7:; dogs lacked bedding, despite teirpt atures near zero at night. Local sales: Palm Beach Puppies in Wellington and Boca Raton, Star Pups in Royal Palri, Beach, Scpiiisticacad Pup in Lake Worth . i Mary Ann Susalski-s Fletcher Creek Kennel, Little Falls, Mil fin.: 189 dogs in enclosed buildings vvf h no cans to offset temperatures that rose to 07 degrees or more. Numerous doge had seri :usly overgrown nails, re;'ich can lead Wameness. A filter of fine puppios, eadh measuring about 13 inches in length, kept in a 46 -by -30 -inch pen. Local sale: Waggs to Riches in Delray Eaac;ln. . Eerlene and Robert Louianca, Duncan, 0.'-!a.: Dental rot, eve infections, lacerations. Two dogs euthanized. Fla ing ruated ;,ages, feeders •,v th nist o holes, outside %Are flours fret +.h a large ve cumulation of feces. Insact;`, intduding cockroaches, iii }fie food, on tl,e walls an f ceiling . Chickens in coops on top of puppies. Jagged' broken v4rps . i_ncal sales: Tup Shelf Puppiec in Royal Palm Beach, Tiny Pmt=s, Star Pups and Palm Beach nappies. ,'atl ly Eruvck, Nel a York Mills, idinn.: Convic ed on f=our misdemeanor counts of a-.r<n a' crue`ty and torture isle panne mo ;nth .=e r hushan < ;.gas seffira a pu;apy to Pal n each Puf;pies. lndi .iduaia ;Also may;�urch4se directy from a breeder vfith troubling USDA records. A Vilest Paim Beach man and St. Lucie County roman each bought a puppy from Diane Sv;rearingen of £vussouri. lrisoa,;Iors at ciie ke lnei found a beagle a days -old, inches- long ley wound exposing the dog's muscie. The morning after tern peratures tad Jipped to 27, a dead puppy was fours f amoriy a= litter of %,reek -old terriers living outside, The Puppy pipaiire is heavily dependent on brokers who deal directly v,iti, breeders and buyers. Bret` middlemen can have pi oblems of their ovri. The Hunte Coip., one of the nation's largest puppy distributors, delivered. more than 100 dock focally, mostly to Petlan d a=cres. Hu,ite was cited in 2008 fur too -small cages. Two lawsuits brought by former out -ok- state Petiand franchisees alleged Hante delivered truckloads of ail ;ng puppies. And last yea,, a division of Hunte agreed to pay; the Environmental Protection Age ;ncy a $56,u"' OO fire for seilirrg insoGticide intendaJ for hogs and ca.3We as a flea and tick remedy for dogs. The company dFJ riot admit Y:rcngdoing in the setfl~ crept. The crowdirrg cited- in 200� was alle1,:iat : -d it a rn atler of hours. Hunte said. Stores unaw3are of citations f.tost of the breeders did not respond to repeated requests for conirna t. A person ans�ASdng the phone at C,fa Louran ^es' kenr:a, said simply, "N 'you are ialking about puppy mills, then yost are ncttalkSng to me. But brer :-der Dorna Bra rn, whosz; USD' reports contain nn-B-ior violations ov8r a three -;year period — must oil a cage sidy whes•e puppies had peed 4wGs one — pr ints cut that some regative oominen *:s by USDA simply reflect the day -to -clay realities of farm li :. Vvhf-r you iiv;: cr. a .arm, it's ongoing, all tt.e time, with repairing and improving and punting �i l welding. It's just consiWnt r` rpair.° And at Little P jis of Boynton Beach, owner .Donna Erickson says, "She has sold me wonderful, worderful puppies." Pet store owners .vh� :greed to speak With The Pest ail said they v ere unaw are of USDA violations by suppliers. -If trey don't ha-re a license in c.00d standing, and if problems are not corrected, then that is not something we rmuld giant to deal vrith,` said Alan Gar4.cr., co -ovrn : -i• of Palm Feach Pupp!es and Boutique in Boca Raton and Palm Eeach Puppies of V'el ?ington, where puppi. s are kept in baby cr ihs and European -Doggie - designer clothing hangs from the walls. 1 =i'I not use r6'iern a,-iymore," Top Shelf Preppies awner Debora Vanoort said of the Lou aricGs. `I da'dn't knotFr" about the USDE violations.' And V .`aggs to Riches memer Kim Curler emphasized she used Fletcher Creep. only one time and no longer buys puppies f om the kennel. A spokesman fer Tiny Pa -ivs, who refused to identify himself but stated that he spoke on t eha f of the owners, said of breeders ifi? violations: "You live and you learn. They a are some bad ones out there: and we. i p' t;7) stay away frnn, them." To be stare, not every local plat store r•aiies on nrxss- scale, out -of -state breeders. Some rely it ,,Mt *n leca! "hobby' breeders. But local pet stores said using cut -of -state breeders remains necessaij,, — end in some cases, preferable to local breeders. "There are just as many problems with local breeders," Va.noort said. Pat Boyd, a bony r breeder and president of the Jupiter- Taquesta Deg Club, said local hobby breeders, prevented b y local la";:,, fr c n breeding rnore than 19 pupp;e ; a year cannot keen up v.f th the demand for pure -bred animals. "I am not a fan of pet stores selling dogs, bit there is no array the hobby breeders can keep up with any of this," Boyd said. Littie dogs, big bills USDA regulations require that a veterinarian examine puppies before they're shippeed fer sale, :rod every puppy coming into Florida from out of state has a vet sig;r off on its health. In addition, most pet stores advise buyers to have a veterinarian check out the puppy % ^ ;thin, 43 hotars of p7on. -hase. Palm Beach Puppies' Garson emphasized that Molly the pug had been cleared by a vet as healthy enough to fly to Net : Jersey ,c h�,r nay ;,/ owne . '-But some'dmes Yvhen you ship a young puppy, the flights are stressful, and unfortui ;atAy they can get sick." Tha pug aus t healthy ;°.then he received her, he said, 3 egard ess of any USDA .+ioladons on the breeder's part. Yet buyers %vho wind up with puppies from large -scale breeders: also may vArd up wtii large vet bits. That's bec:,use such ailment as kennel cough and parasitic Infections have been linked to intensive breeding in close quarters. `S *_ri.j, tura! or generic deformities are also common and area resuit of poor breeding practicer, prfinaril inbreedirti ar c; breed`np, anima'ss with known genetic issues such as hip dysplasia, ' said the ASPCF:s Rickey. i -ne kennel that s:;ld Farb Seiandra's it!lissouri -brad Yorktfe, Mitz;r, got a clean till of health from tine USDA, bijt. saki Seita;ndra. the puppy froni Star Pups was ill from th-z outset with keiin.,3l cough and sore:; on leer neck, aiiments that helped push vat !),,!Is .o ;rlor e than $1,500. Parry Ratt'atd aid of her ov,,,i puppy f� o'n Star Pro ^s, "We noticed right G vcy he was not feeling yell." The ,puppy had kennel cougii and gi :ard''a, is parasite that interferes with a dog's ability to digest `ced. As the dap's cone -utiori viorsered, 'We realiv tnouaht ha VIgas nct going to make ii." Star Pups paid fior the we-aks cf vet care needed to nurse the puppy back to health. Pa,m Bea;;, Gardens resident Bdttoe3 Flynn purchased a pug- baagle mi„ — a puggle named Nlaxon — from a ; fiam''_Dade County pe"i store. i he puppy was sick fire day he arrived hcn'ae, and soon developed pneumonia requiring a nine -day veterinary hospital stay. He pulled through, and is now a therapy dog. The Oklahoma breeder who originally sold Moxon ;vas named in a lawsuit brought by another local pet owner whose puppy was sick. "i 3have ieTzned my lesson and as much as I love m do I v:,rili never buy a do from a u , Y 9, y g puppy store again,' Flynn sure'. `i refuse t. put any mor,.: money in the system of puppy mills." Palm Beach County commissioners, meanwhile, are poised to discrass a law calling on puppy stores and distributors to disclose more information about the animals they are sell3r9. "It would require pet shops to give a purchaser very detailed information about the pets dewier and breeder," said Assistant County Attorney Shar►rion Fox. Pet stores avpuld be required to pace placards on cages disclosing where the puppy was born or bred. And puppy brokers itho sell out of their homes would be required to tell consumers where the dog came from. "It would let consumers know absorutely v✓F o U'le broker of Beale, middles ran ° vas so they could have the opporiunity to research it themselves,' Fox sr id. Palm Beach Czu^t y Commissioner Fhel!ay Vana, who is pusililIg for thb county ordinance, said many consumers simply du.-i-t u de,atand that pvi -store puppies ac,e frequently snipped in from large out -of -state breeding operations. 1 think if people knew trey were getting puppies that vvere born of a mother that has never seen the flgJ t of day, tied wo, ldr't lovari that puppy," Vane said. "People don't kno`v.' Staff 1. if r fi:!am Pia!; fGld &nd rests -,-c &—s A.9;che%�,, Qd :lg;3.,, 317ti Afars Heh,- 7erf, %s m.,;.rlhuted eo lhi3 s.ory: Hov:- this report was done The Palm Beach Post examined thousands of puppy health certificates filed every time a doer is brought into Florida. TPe criificates, signed by licensed veterinarians to shave pets are healthy and vaccinated, list vjho broug "t the puppies into the state, their destinatini is, brk�eds aiid ages. H wevev, the certifcates are not reviewed by the state. They are siroply boxed and filed . Staff . -riter Jenrifer Screiifrue sorted through thousands of certificates tiled between June 2008 and AfJ! with tile Florida Oepc„tn 'lnr:t of Arlricu turn and Consume,- Seivices in Tallah'assee. The Pnst found 2,718 dogs "brought to Palm Beach, t.lartin and St. Lucie rountiec but removed adult dogs and greyhounds from its analysis. Some certificates were incoinp'ete or illaglb'o. Staff v✓riter Pat Berl. cross - checked the breed -srs ;who sent two or more dogs to Palen Beach or St. Lucie counties against itrore than 100 U.S. Department of Agriculture inspections. S aff writers i I;,r- Engrofr, Annette Jewies, Holly Balt aid Liz Balmaseda contributed to this report. More News W,: Recommend ■ 'Prank It Fon•✓ard' joke gives waitress an amazing day (PalmBeachPost.com) a Opran's former stL3pmother gets 50 !lays to vacate (PalmBeach Post.coirt) • Ca aght on camera: 80- year -cld man victimized by transvestite prostitute in Boca Ratan (Pal m3each Post. com) ■ Rapper Trick Daddy airested in Fla. (PalmBeach Post.corn) • 400 -lb. cop allepediy o;;ses as teen girl, stalks toys on FareLook (Palm Bea ch Post.com) . 84 arrests made during 3 -day Ultra Music Festival (Pal mBeac t Post.corn) com. rients If !vou v /ould t is to post a comment please Sign in or Register From Around the Web • Your CPAP is CravAing with Mold and- Bacteria. Hcra's Haw to Clean it. (Easy3reath€) • Do NOT ChLsk out these Puppy Fics ii vuu don't ^✓ant to cry (Puppy Tcob) • Why 4'Jealthy People Know It's u Smart IviovG to Open a New Credit Card (NextAdviaor Daily) • Homeowners Are in For A Big Surprise (Lifestyle Journal) • Rosie O'Donnell is Buying Olivia Neivion- John's Florida Estate For $5.6 Million... See The Pictures (Lonny) • Why Rockit is a Golden Retriever with a Mission! (Canine Lifetime Healtti) 1-?, I ORDINANCE NO. 2014 -02 2 3 AN ORDINANCE OF WELLINGTON, FLORIDA'S 4 COUNCIL, AMENDING CHAPTER 14 OF THE CODE OF 5 ORDINANCES BY CREATING A NEW SECTION 14 -2, 6 ENTITLED "RETAIL SALE OF DOGS AND CATS/ 7 PROHIBITION OF PUPPY AND KITTEN MILLS "; 8 PROVIDING FOR CONFLICT; PROVIDING FOR 9 CODIFICATION; PROVIDING FOR SEVERABILITY; 10 PROVIDING FOR AN EFFECTIVE DATE. 11 12 WHEREAS, according to the Humane Society of the United Stated, hundreds of 13 thousands of dogs and cats in the United States have been housed and bred at 14 substandard breeding facilities, known as "puppy mills" or "kitten factories," that mass - 15 produce animals for sale to the public, many of which are sold in pet stores; and 16 17 WHEREAS, cats and dogs that are bred in puppy mills or kitten factories often 18 suffer from health, social and /or temperament problems that sometimes result in costly 19 treatment or even death; and 20 21 WHEREAS, in addition to the congenital and hereditary conditions resulting from 22 substandard breeding facilities, dogs and cats bred at these facilities may arrive in pet 23 stores and their new homes with giardia, parvovirus, and distemper, illnesses that can 24 be transmitted to healthy family animals; and 25 26 WHEREAS, while not all dogs and cats sold in retail pet stores are the product of 27 inhumane breeding conditions and not every commercial breeder selling dogs or cats to 28 pet stores operates "puppy mills" or "kitten factories," these facilities continue to exist in 29 part because of public demand for the sale of dogs and cats in pet stores; and 30 31 WHEREAS, according to the Humane Society of the United States, Florida has 32 the highest number of consumer complaints submitted to the Humane Society and the 33 highest number of complaints about puppies purchased from pet stores; and 34 35 WHEREAS, prohibiting the retail sale of dogs and cats in the Village will promote 36 community awareness of animal welfare and will encourage pet consumers to adopt 37 dogs and cats from shelters, thereby saving animals' lives and reducing the cost to the 38 public of sheltering animals. 39 40 NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE 41 VILLAGE OF WELLINGTON, FLORIDA: 42 43 SECTION 1: Chapter 14 of the Village of Wellington's Code of Ordinances is 44 amended to create Section 14 -2, "Retail Sale of Dogs and Cats /Prohibition of Puppy 45 and Kitten Mills," as follows: 46 2 3 Section 14 -2. Retail Sale of Dogs and Cats. (1) Definitions. For purposes of this section, the following definitions shall apply: a. "Animal rescue organization" means a duly incorporated nonprofit organization devoted to the rescue, care and adopting of stray, abandoned or surrendered animals and which does not breed animals. b. "Animal shelter' means a municipal or related public animal shelter or duly incorporated nonprofit organization devoted to the rescue, care and adoption of stray, abandoned or surrendered animals, and which does not breed animals. c. "Cat" means an animal of the Felidae family of the order Camivora. d. "Dog" means an animal of the Canidae family of the Carnivora. e. "Pet store" means any retail establishment open to the public that sells or transfers, or offers for sale or transfer, dogs and/or cats, regardless of the age of the dog or cat. f. "Pet store operator" means a person who owns or operates a pet store. g. "Puppy or Kitten Mill" means a facility where dogs and cats are bred for the purpose of selling them and where any two (2) of the following conditions are found to exist: a. More than twenty (20) puppies (under the age of 12 weeks) or more than twenty (20) kittens (under the age of 16 weeks) are kept at a single time; b. No genetic (hereditylhealth testing appropriate for the breed is conducted; c. No long -term (over one (1) year) guarantees are offered; d. A single female is bred every cycle; e. A single female is bred more than five (5) times; f. There are no records of the dogs' or cats' parents; g. More than eight (8) dogs or kittens are kept in a single cage or kennel area. (2) Puppy and Kitten mills. It shall be unlawful for any person or entity to establish, operate or maintain a puppy or kitten mill in the Village of Wellington. (3) Sale or transfer of dogs and /or cats. No pet store shall display, sell, trade, deliver, barter, lease, rent, auction, give away, transfer, offer for sale or transfer, or otherwise dispose of dogs or cats in the Village of Wellington. (4) Exemptions. This section does not apply to: a. A person that sells, delivers, offers for sale, trades, barters, leases, rents, auctions, gives away, or otherwise transfers or disposes of dogs and/or cats that were bred and reared on property owned by the person b. An animal shelter. c. An animal rescue organization. d. An animal shelter or animal rescue organization that operates out of or in connection with a pet store. 1 (5) Adoption of shelter and rescue animals. Nothing in this section shall prevent a pet store 2 or its owner, operator or employees from providing space and appropriate care for 3 animals owned by an animal -shelter or animal rescue organization and maintained at the 4 pet store for the purpose of adopting those animals to the public. 5 6 (6) Violations — Enforcement. 7 a. Any person who violates this section shall be subject to penalties set forth in 8 Section 1 -12 of this Code of Ordinances. 9 b. Additionally, the Village may initiate a civil action in a court of competent 10 jurisdiction to enjoin any violation of this section. 11 12 SECTION 2. Should any section, paragraph, sentence, clause, or phrase of this 13 Ordinance conflict with any section, paragraph, clause or phrase of any prior Wellington 14 Ordinance, Resolution, or Municipal Code provision; then in that event the provisions of this 15 Ordinance shall prevail to the extent of such conflict. 16 SECTION 3: Should any section, paragraph, sentence, clause, or phase of this 17 Ordinance be declared by a court of competent jurisdiction to be invalid, such decision 18 shall not affect the validity of this Ordinance as a whole or any portion or part thereof, 19 other than the part so declared to be invalid. 20 21 SECTION 4: This Ordinance shall become effective immediately upon adoption 22 of the Wellington Council following second reading. 23 24 PASSED this day of January, 2014 upon first reading. 25 26 PASSED AND ADOPTED this day of January, 2014, on second and final 27 reading. 28 29 WELLINGTON 30 FOR AGAINST 31 BY: 32 Bob Margolis, Mayor 33 34 35 Howard K. Coates, Jr., Vice Mayor 36 37 38 Matt Willhite, Councilman 39 40 41 Anne Gerwig, Councilwoman 42 43 44 John Greene, Councilman 45 46 ATTEST: 47 48 BY: 2 4 5 6 7 S 9 10 11 12 13 14 15 Awilda Rodriguez, Wellington Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY mm Laurie S. Cohen, Village Attorney W.\Depadments\Legal \ORDINANCES\Ordmance No (Retail Sale of Dogs and Cats).doex PeggyAdams ANIMAL RESCUE LEAGUE June 13, 2014 Board of Directors Mayor Cary Glickstein City of Delray Beach Lesly Smith 100 NW 1 st Avenue Chairman Delray Beach, Florida 33444 Jane Grace Vice Chairman Joanie Van der Grift Dear Mayor Glickstein: President they are buying a healthy pet of high quality. The reality is that Florida ranks fourth Nellie Benoit I understand that the City of Delray Beach is considering an ordinance that would Vice President prohibit pet stores, operating within the town, to sell animals unless the pets come Sam Hunt from a qualified rescue group or animal shelter. Treasurer Laurie Raber Gottlieb Secretary As the Executive Director of Peggy Adams Animal Rescue League, I am very NAVIGATOR supportive of new rules that are effective in preventing the sale of dogs that are Nancy Brougher growing wave of pressure to end the inhumane treatment of animals being inflicted Executive Committee sourced from large commercial breeding operations (often called puppy mills) where Jack Flagg animals live in deplorable conditions and are often plagued with illness and genetic Executive Committee defects. Virginia Burke Carol l Garvy Hanley Daniel Hanley With these serious and well documented concerns about the humane treatment and ( ) Vicky Hunt care of animals at these "puppy mills," also comes the concern we should have for Sandy Meyer Linda Miller the local consumer. Pauline Pitt Louis Auslander Unknowing members of our community purchase these adorable puppies assuming Director Emeritus they are buying a healthy pet of high quality. The reality is that Florida ranks fourth D sy Letts Di rector Emeritus nationally in terms of the number of complaints received b the H Society of Y Y Humane Y the United States regarding sick puppies purchased from pet stores. Rich Anderson Executive Director /CEO CHARITY I There is a better, proven and successful approach that can benefit all involved — the NAVIGATOR consumer, the community and local pet shop businesses. And it will add to the ' growing wave of pressure to end the inhumane treatment of animals being inflicted 0 by "puppy mills." Leave a Lasting Legacy, Remember Peggy Adams Animal Rescue League in Your Will. 3100/3200 N. Military Trail . West Palm Beach, Florida 33409 P 561.686.3663 • F 561.686.0940 . e -mail: info @peggyadams.org PeggyAdams.org If you were to canvas local animal rescue organizations and shelters today, you would discover well over 2,000 dogs, cats, puppies and kittens — of all types of breeds, shapes and sizes — ready to be adopted. And that is just the number available on this specific date, June 13. Retail pet shops have the incredibly obvious opportunity to partner with local shelters and rescues to offer healthy and highly desirable animals in their stores. This is the model that has been adopted by PetSmart (and others) to partner with local shelters and rescues across the nation to offer a better way to acquire a pet. I'll finish by also pointing to an issue that is rarely discussed but which should be a major concern for all tax payers in Palm Beach County. Between three and four million animals are euthanized in shelters each year across the U.S. Right here in our community, roughly 10,000 potential pets are euthanized each year at Palm Beach County Animal Care and Control. The average cost to county tax payers for each animal that ends up at Animal Care & Control is $400. Euthanizing adoptable animals is an incredibly wasteful use of tax payer money. Allowing the continued sale of dogs originating from "puppy mills" — thousands are sold each year in South Florida — makes it even more difficult to save the lives of dogs at shelters and helps to perpetuate the financial burden for all of our residents. I truly appreciate the time you are giving to this discussion. Please contact me anytime if I can serve as a resource to you and the City of Delray Beach. With compassion for the animals, 7;Rich Anderson Executive Director /CEO P.S. I hope you will take a few minutes to read this article published in the Palm Beach Post outlining the problems of sick puppies and the deceptive practices involved that you can find here: almbeach ost.com/news /news /mass- breeders -shi - thousands -of a ies -to- Alm- be /nLnYkl MEMORANDUM TO: Mayor and City Commissioners FROM: Janice Rustin, Assistant City Attorney DATE: June 18, 2014 SUBJECT: AGENDA ITEM 10.E. - REGULAR COMMISSION MEETING OF JULY 1, 2014 RESOLUTION 31 -14: QUIT CLAIM DEED WITH THE COMMUNITY REDEVELOPMENT AGENCY (CRA) BACKGROUND The City is transferring two small areas of land to the CRA in order for them to be properly dedicated as right -of -way. The areas are the existing sidewalk on SE 4th Avenue adjacent to the old library site and the expanded alley and parking area on the north side of the old library site. These areas were assumed to be right -of -way and were not transferred to the CRA with the rest of the old library and parking lot site as part of the land swap in 2004. As part of the WIC land development applications, the developer submitted an application to abandon a portion of the second parcel (the south 12' of the north 16' of Lot 7). After the abandonment, this would leave the north 4 feet so that the east -west alley would be 20 feet, which is what the City requires when properties are redeveloped downtown. However, in reviewing the title work and other documents for the abandonment, it was discovered that these properties were never dedicated as right -of -way. To resolve this issue, these properties are being transferred to the CRA at this time. A replat of the entire site to accommodate development of the WIC theater will include the required right -of -way dedications. DISCUSSION The item before the City Commission is the approval of Resolution 31 -14 which confirms the City's intent to transfer to the CRA, via Quit Claim deed, two small parcels of land in order for them to be properly dedicated as public right -of -way. OPERATING COST There are no operating costs associated with this proposal. TIMING OF THE REOUEST This proposal is time - sensitive. The deed is required in order to replat the site and to comply with developer's time line. RECOMMENDATION City Attorney recommends approval of quit claim deed. RESOLUTION NO. 31 -14 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO TRANSFER TO THE COMMUNITY REDEVELOPMENT AGENCY (CRA) CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING THE CONTRACTS STATING THE TERMS BETWEEN THE CITY OF DELRAY BEACH AND THE COMMUNITY REDEVELOPMENT AGENCY DATED FEBRUARY 14, 2008 AND MARCH 8, 2013. WHEREAS, the City of Delray Beach, Florida, desires to transfer certain property located as described herein to the Community Redevelopment Agency pursuant to the Purchase and Sale Agreement dated February 14, 2008 and the Triparty Interlocal Agreement dated March 8, 2013 for the purpose of clearing title; and WHEREAS, it is in the best interest of the City of Delray Beach, Florida, to transfer said property; and 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 Seller, hereby agrees to transfer property to the Community Redevelopment Agency, as Buyer, for the purchase price of Ten Dollars ($10.00), and other good and valuable consideration; said parcel being more particularly described as follows: Legal Description: The West 8.17 Feet of Lots 7, 8, 9, and the North 20 Feet of Lot 10, Block 101, Town of Linton (now Delray Beach), according to the Plat thereof as recorded in Plat Book 1, Page 3, of the Public Records of Palm Beach County, Florida. Together With The North 16 Feet of Lot 7, Block 101, Town of Linton (now Delray Beach), Less the West 8.17 Feet thereof, according to the Plat thereof as recorded in Plat Book 1, Page 3, of the Public Records of Palm Beach County, Florida. Section 2. That the terms and conditions contained in the Agreements herein referred to above between the City of Delray Beach, Florida and the Community Redevelopment Agency are incorporated herein. PASSED AND ADOPTED in regular session on the day of , 2014. ATTEST: City Clerk MAYOR Prepared by: RETURN: City Attorney's Office 200 N.W. 1st Avenue Delray Beach, FL 33444 QUIT - CLAIM DEED THIS QUIT -CLAIM DEED, executed this day of , 2014 by the CITY OF DELRAY BEACH, and having its principal place of business at 100 NW I" Avenue, Delray Beach, FL 33444, First Party, to: DELRAY BEACH COMMUNITY DEVELOPMENT, and having its principal place of business at 20 North Swinton Avenue, Delray Beach, FL 33444, Second Party: (Whenever used herein the term "First Party" and "Second Party" include singular and plural, heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporation, whenever the context so admits or requires.) WITNESSETH, That the said First Party, for and in consideration of the sum of Ten Dollars ($10.00) in hand paid by the said Second Party, the receipt whereof is hereby acknowledged, does hereby remise, release and quit -claim unto the said Second Party forever, all the right, title, interest, claim and demand which the said First Party has in and to the following described lot, piece or parcel of land, situate, lying and being in the County of Palm Beach, State of Florida, to -wit: See Exhibit "A" TO HAVE and to HOLD the same together with all and singular the appurtenances thereunto belonging or anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said First party, either in law or equity, to the only proper use, benefit and behoof of the said Second Party forever. IN WITNESS WHEREOF the said First Party has caused these presents to be executed in its name, and its corporate seal to be hereunto affixed by its proper officers thereunto duly authorized, the day and year first above written. WITNESS #1: CITY OF DELRAY BEACH, FLORIDA By: Cary D. Glickstein, Mayor (Please Print or Type Name) WITNESS #2: (Please Print or Type Name) STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of , 2013, by (name of person acknowledging), who is personally kno,%m to me or who has produced as identification. Signature of Notary Public - State of Florida EXHIBIT "A" Legal Description: The West 8.17 Feet of Lots 7, 8, 9, and the North 20 Feet of Lot 10, Block 101, Town of Linton (now Delray Beach), according to the Plat thereof as recorded in Plat Book 1, Page 3, of the Public Records of Palm Beach County, Florida. Together With The North 16 Feet of Lot 7, Block 101, Town of Linton (now Delray Beach), Less the West 8.17 Feet thereof, according to the Plat thereof as recorded in Plat Book 1, Page 3, of the Public Records of Palm Beach County, Florida. MEMORANDUM TO: Mayor and City Commissioners FROM: Terrill Pyburn, Interim City Attorney DATE: June 20, 2014 SUBJECT: AGENDA ITEM 10.F. - REGULAR COMMISSION MEETING OF JULY 1, 2014 AMENDMENT TO DEVELOPMENT AGREEMENT AND PURCHASE AND SALE AGREEMENT/ CANNERY ROW. LLC. BACKGROUND On October 3, 2006 the City Commission approved Ordinance No. 47 -06, which provided that the developer of the Cannery Row Project would have the option not to provide the requisite commercial uses fronting on the west side of N.E. 2nd Avenue between N.E. 3rd Street and N.E. 4th Street so long as the developer entered into a developer's agreement acceptable to the City. The Developer's Agreement dated May 8, 2007 provided that the City would waive the required impact fee set forth in LDR Section 5.3.2(c) (park and recreational facility impact fee) for all of the units of the project in exchange for the receipt by the City of the dedicated land. The impact fees under section 5.3.2(c) would total approximately $41,500.00. The Developer's Agreement further provided that the developer would convey the unit (which is only the shell of the structure, containing approximately 3,000 sq. ft.) to be constructed on Lot 12 to the City for the price set forth in the Purchase and Sale Agreement. Under the Purchase and Sale Agreement dated July 31, 2007, the developer would convey the unit to the City for the actual costs incurred by the developer, however, that cost would not exceed $530,000.00. The Purchase and Sale Agreement also provided that the conveyance was scheduled to take place after the City issued a Certificate of Occupancy for the unit. In accordance with the purchase and sale agreement the City would become a member of the Homeowner's Association and would be responsible for all HOA fees except for fees relating to certain common area facilities that would not be used by the City. Pursuant to the proposed Amendment to the Development Agreement and Purchase and Sale Agreement, the developer has agreed to provide the property to the City known as Tract "O" on the Plat without any structure on it to be used as a public park for ten dollars ($10.00). In addition, the developer has agreed to install irrigation, landscaping, and paver bricks on the property with the Homeowner's Association to provide for all maintenance of the property, except that the City shall be responsible for all future utility costs. FINANCIAL DEPARTMENT REVIEW Finance recommends approval. DISCUSSION The proposed amendment was discussed with the Development Services Management Group (DSMG) and they recommended approval. The Amendment to the Development Agreement and Purchase and Sale Agreement is before you for consideration. This Amendment provides that instead of the City having the option to purchase a shell of a building on Lot 12 of the Cannery Row Plat for $530,000.00, the developer will give the City the property labeled Proposed Tract "O" on the plat for park purposes. TIMING OF THE REQUEST There is no time sensitivity to this request. RECOMMENDATION The City Attorney's office recommends City Commission discretion. Prepared by and after recording return to: John T. Metzger, Esq. McDonald Hopkins LLC 505 S. Flagler Dr., Suite 300 West Palm Beach, FL 33401 AMENDMENT TO THE DEVELOPMENT AGREEMENT AND PURCHASE AND SALE AGREEMENT THIS AMENDMENT TO THE DEVELOPMENT AGREEMENT AND PURCHASE AND SALE AGREEMENT (this "Amendment ") is made and entered into as of this _ day of , 2014 (the "Effective Date "), by and between CANNERY ROW LLC, a Florida limited liability company ( "Seller "), having an address of 220 George Bush Boulevard Delray Beach, FL 33444, and the CITY OF DELRAY BEACH, FLORIDA ( "City "), having an address of 200 N.W. 1st Avenue Delray Beach, FL 33444, Attn: City Attorney, and, solely for the purposes of Section 5 hereof, joined by CANNERY ROW HOMEOWNERS' ASSOCIATION, INC., a Florida not - for - profit corporation (the "HOA "), having an address of 370 W. Cannery Row Circle Delray Beach, Florida 33444 RECITALS A. Seller is the developer of a certain residential townhome development located in the City of Delray Beach, Florida commonly known as Cannery Row, consisting generally of 82 townhomes and common area and recreational amenities related thereto and a city -owned corner park (the "Project "). B. Seller and City entered into that certain Agreement dated as of May 8, 2007, and recorded in Official Records Book 21718, Page 1822, Public Records of Palm Beach County, Florida (the "Development Agreement "). C. Pursuant to Section 3 of the Development Agreement, Seller and City entered into that certain Purchase and Sale Agreement dated as of July 31, 2007 (the "Purchase Agreement "), pursuant to which Seller agreed to sell to City, and City agreed to purchase from Seller, certain property located in the Project commonly known as Lot 12 of the Plat of Cannery Row as more particularly described in the Purchase Agreement (the "Lot "). D. Pursuant to Section 3 of the Development Agreement and Section 41 of the Purchase Agreement, the City, by virtue of this Amendment, has elected to purchase the Lot only (and not the Community Facility), to be used for park purposes only, pursuant to a dedication made by an amendment to the Plat, on the terms and conditions more particularly described herein. 14867527:31 E. Pursuant to F.S. 163.3237, the Development Agreement is being hereby amended by mutual consent of the parties. NOW, THEREFORE, in consideration of the respective agreements hereinafter set forth, Seller and City hereby agree as follows: 1. Defined Terms. Capitalized terms used, but not otherwise defined herein, shall have the meanings set forth in the Purchase Agreement. 2. Purchase of Park. Pursuant to the terms of Section 3 of the Development Agreement and Section 41(a) of the Purchase Agreement, the City hereby agrees to purchase the Lot (as modified by the Proposed Plat (defined below)) only (and not the Community Facility), to be used for park purposes only. The Lot will be dedicated to the City for use as a public park pursuant to the Proposed Plat as "Tract O ", in much the same way as Tract "G ", Plat of Cannery Row, has been dedicated by Seller to the City. The Lot, as modified by the Proposed Plat, is hereafter referred to herein as "Proposed Tract "O " ". 3. Purchase Price. Notwithstanding anything to the contrary contained in the Purchase Agreement or the Development Agreement, and subject to the terms and conditions of this Agreement, the Purchase Price for Proposed Tract "O" shall be Ten and No /100 Dollars ($10.00). 4. Covenants. In consideration for the mutual promises set forth herein, Seller and the City hereby covenant and agree as follows: a. In no event shall Seller have any obligation to construct the Community Facility and any obligation therefor set forth in the Development Agreement, the Purchase Agreement or any other agreement between Seller and the City shall be deemed released and of no further force and effect. b. Promptly following the Effective Date, Seller will make application to the City for a minor site plan and plat amendment (the "Site Plan Amendment ") to the Project for purposes of (a) eliminating the previously contemplated Community Facility, (b) incorporating plans for a public park (without any improvements other than water service for landscape irrigation) located on Proposed Tract "O" (the "Park "), (c) modifying the configuration of the Lot (and effectively Lots 11 and 13) substantially in accordance with the proposed plat attached hereto as Exhibit A (the "Proposed Plat "), and (d) dedicating Proposed Tract "O" to the City via the Proposed Plat for public park purposes. The Park shall be dedicated to the City in perpetuity pursuant to the Proposed Plat. The City agrees to cooperate with Seller, at no cost to the City, in connection with the Site Plan Amendment and Proposed Plat. C. The parties hereto acknowledge and agree that, because Proposed Tract "O" will be used solely for park purposes, the City will not be responsible to pay any assessments, fees or other dues to the Association pursuant to the terms of the Declaration of Covenants and Restrictions that encumbers the Project. {4867527:3} 2 d. In no event shall the City build any residential or commercial improvement or structure on Proposed Tract "O ". In connection therewith and pursuant to the terms of the Purchase Agreement, the Proposed Plat shall contain appropriate restrictions allowing use of Proposed Tract "O" only as a park, and without any improvements thereto other than water service. e. Except as expressly set forth herein, the City will accept Proposed Tract "O" (i.e., as reconfigured pursuant to the Site Plan Amendment and the Proposed Plat), in its "AS IS ", "WHERE IS" condition, without representation or warranty of any kind or nature. f. Within a reasonable period of time following the dedication of the Park to the City, Seller, at its sole cost and expense, shall (i) provide irrigation to Proposed Tract "O" that the City can connect to an irrigation meter at City's expense, including all water utility usage charges, (ii) install landscaping and paver bricks for Proposed Tract "O" in a manner consistent with the landscaping scheme of the Project pursuant to a design plan made by the City and approved by Seller, and (iii) install an irrigation system for Proposed Tract "O ". 5. Maintenance of Park. Seller shall cause the HOA, at its sole cost and expense, to be responsible for all (a) routine landscape maintenance and replacement (but not with respect to any landscape upgrades made by the City) and (b) irrigation system repairs and maintenance for both Proposed Tract "O" and the parcel previously dedicated to the City for park purposes known as Tract "G" on the Plat. By its joinder hereto, HOA agrees to perform and pay for all such maintenance described herein. Notwithstanding anything to the contrary contained herein, in no event shall the HOA have any obligations, responsibilities or liabilities relating to Proposed Tract "O" other than as expressly set forth herein. The City, at its sole cost and expense, shall be responsible for (i) any modifications to the landscape design and material, including, without limitation, the maintenance therefor, (ii) any and all utility costs for Proposed Tract "O ", (iii) in the event the City desires electrical service on Proposed Tract "O ", any costs to install and maintain such electrical service, and (iv) all costs to insure Proposed Tract "O ". 6. Default. Notwithstanding any contrary provision in this Amendment, if any default occurs by any party hereto (the "Defaulting Party ") in the performance or observance of any term, condition or covenant of this Amendment to be performed or observed by such party, which default is not cured within thirty (30) days after the giving of written notice from a non- defaulting party (the "Non- Defaulting Party ") to the Defaulting Party (unless such default is a non - monetary default and is of a nature that it cannot be cured within such thirty (30) day period, in which case the period to cure such default shall be extended so long as the Defaulting Party shall have commenced the curing of such default within such thirty (30) day period and shall thereafter diligently and continuously prosecute the curing of same and shall completely cure such default as promptly as possible), then, the Non - Defaulting Party may pursue such legal and equitable remedies as are available pursuant to applicable law. 7. Notices. Any notice, request or other writing given hereunder by shall be in writing and shall be deemed to have been given when delivered to the party to whom intended by hand, nationally recognized overnight courier, or registered or certified mail, postage prepaid, at 14867527:3) 3 the address set forth above or to such other person or address as may be designated from time to time by notice given in the manner set forth above. 8. Survivability. Seller and the City expressly acknowledge and agree that the covenants and agreements set forth in Section 4, 5, 6 and 7 hereof shall survive the conveyance of the Park to the City. 9. Miscellaneous. This Amendment and the exhibits attached hereto set forth all the covenants, promises, agreements, conditions and understandings of the parties hereto and no previous statement or representation not contained herein shall be binding on any party hereto. This Amendment may not be modified, amended or supplemented except by a subsequent agreement in writing executed by Seller and the City. Except as amended, modified or revised by this Amendment all other terms and conditions of the Purchase Agreement and the Development Agreement shall remain in full force and effect. No waiver of any condition or legal right or remedy shall be implied by the failure of a party to declare a default, or for any other reason, and no waiver of any condition or covenant shall be valid unless it is in writing signed by the waiving party. No waiver by a party of a breach of any condition may be claimed or pleaded to excuse a future breach of the same condition or covenant. The mention in this Amendment of any specific right or remedy shall not preclude a party from exercising any other right or from having any other remedy or from maintaining any action to which it may be otherwise entitled either at law or in equity. The terms and conditions of this Amendment shall be binding upon and shall inure to the benefit of the parties and their respective successors and assigns. This Amendment shall be governed by and construed in accordance with the laws of the State of Florida. [signatures on following page] (4867527:3) 4 IN WITNESS WHEREOF this Amendment has been executed as of the date and year above. CANNERY ROW LLC, a Florida limited liability company By: Ironwood Development, Inc., a Florida corporation, its Managing Member Cary Glickstein, its President CITY OF DELRAY BEACH By: _ Name: Title: For purposes of agreeing to the provisions of Section 5 hereof: CANNERY ROW HOMEOWNERS' ASSOCIATION, INC., a Florida not - for - profit corporation By: Cary Glickstein, its President {4867527:3} EXHIBIT A Proposed Plat 14867527:3) � m;Aroe AN- Lvrta.A gAUar.Lrrrsr w ur.LxLS.vr w ax ,rowrcaer+��fr'ir°inia.s a.PLR.s AOw:enL, onm°vIcaera.ranw�a -a" v"n`irnrc• ��aa.a.r LAO �]rrr,f��p�"- �u6106W. F�S'�""�tf i:Y"O x.L�NRBr RYf � m »[wMr m.�� - rwwrwr LLwow ,a.rrw, wwrnav ca. s.o - •roc pn�wer,0�°a"gi c`iO1 r�oq�Rr�a�.pL�i�"p,,� v`�nr r�FaFNU afn� .'3LM m Rmxwl wvro�w��m arcs ®RLYHaa 1r[IVm�alIIGmc.'rs 9owIOCw6. hrV W10O.6a�RR1) m�M wr� ��Y MLn�•.Gi.a�ir UUOr�MawaY w a�.UrdwM[U,n6.L v oTM"(.nw s,LL�m6ut va�nr 9A�it!u�L.�bl�ra0 ro MPS 1..c� ri CANNERY R O W BEM', A REPEAT OF A PORTJOVV OF CLOCK 7.1 SUV�ISM OF ELM. 73 (PLAT BOOK 12, PAGE 62, P.. RP. &CO..), LYI/IG MI SEC T,JII 1C TOWVSI -P 46 SCUTM RV-13F 43 EAST, CITY Or DELRAY BEAC-!, PALM REACH =ITY, FLORIDA Aucw r :oss un, >: =a M mRfenor�RORw �- -- �,.e,LR�ir� "m:wRSm.ar, m _� r"ru°i��'mxrw�.cr`iv,rr,ow r�°,oa oraa.w t "'n�ro" rfwfA1.rc m°ror �t�rwrw {Lr_ ". co.LSV.w•rara nai�r_ w L__ qa, '�d.r,a„ s..'7 8u I'A. 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Avenue atthe ,southeast corner of the project, then the developer shall not be required to fmmish noa- residential uses fronting on the west side of N.E. 2nd Avenue bet%= N.E. 3rd Street and N.E. 4th Stream and WHEREAS, the Developer will dedicate a parcel at the nortfieast cor= of the project to the City for park purposes and will transfer land and a completed shell structure, as more thoroughly described in this Agreement, to the City located atthe southeast corner of the project aad fronting on N.E. 2nd Avenue, to be used as an artist workshop /gallery as a ,condition of the Development; and WHEREAS, pursuant to F.S. 153.3225 the City has held 2 public hearings regarding this Development Agreement and this Agreement is consistent with the City's Comprehensive Plan and Land Development Regulations; and WHEREAS, the Developer has the options to build a mixed use project in :accordance with the City's Land Development Regulations bid chose instead to eater into this Development Agreement, in its sole and absolute discretion, and be bound by the terms anil conditions of this Agreement. NOW, THEREFORE, in consideration of the mutual covenants and undertakings set forth herein and other good and valuable consideration, the receipt and sufficiency of Which is hereby acknowledged, the Developer and City hereby agree as follows: 1. Retiiatiox�s .Thcabove- stated recitals are incorporated as if fully set forth herein. CA 'n Z n� �a M 4m o> M err M s 3 ra D M e� w UY m u�a 2. Deduation of park Land. The Developer shall dedicate, to the City, a parcel, as shown on Exhibit "A ", for pant purposes which shall be maintained by the City. In lien of the City paying the Developer the value of the land, which is $414,645.00, the City shall waive the Impact Fee set forth in LI)R Section 5.3.2 (c) for all units. Developer will provide a water service stub -out to the property live that the City can connect to an irrigation meter at a later date. Developer will sod the corner if the NE corner of the project has been landscaped prior to the City completing the landscape plain for the park. All maintenance of the park shall be by the City. Developer will have no other improvement requirements for the park area. The property described in Exhibit "A" shall be dedicated to the City in perpetuity can the plat to be recorded by the Developer. 3. Conveyanm of Unit; Developer shall also convey fee simple title to the City of Lot 12 of the Plat of Cannery Row with a completed shell structure, pursuant to floor plans, elevations, and specifications as sex forth on Exhibit "B ", to the City to be used by the City for community /city projects as it determines; in its sole discretion. The City shall pay the actual land cost and costs of construction of the unit, which will not exceed $530,000.00. The parcel and structure shall be transferred to the City, or its assigns, m* accordance with the purchase and sale contract between the City and Developer is in the form attached hereto as Exhibit "C ". The approval of this Agreement is conditioned upon the parties w=ting a purchase and sale agreement (Exhibit "C") vwithin120 days of the exectviion of this Agreement. Failure to approve such an agreement within the time period set €oA shall make this Agreement null and void. Developer will finish the interior of the unit at cost, provided that the City provides Developer with all necessary plans, specifications, drawings, permits, etc., so that Developer may construct the interior of the unit at the same time the interiors of the adjoining units are 4eiag constructed, so as to not interfere with the quiet enjoyment of the adjacent units when sold for occupancy. Should the City desire to retain -a third party to finish the interior- of the unit, the City will required to commence the construction at the same time that the Developer is constructing the interior of the -adjoining units, and subject to the Developer's site plan development, construction schedule, and safety measures as implemented by Developer. Commencing upon conveyance of the unit from developer to the City, the City will responsible for Homeowner's Association (HOA) assessmet ts. The HOA documents will reflect that all units will be charged the same uniform rate of assessment„ except for the Art Facility, which will be charged less, as it will have no use of the common area facilities (pool, gazebo, playground, etc.). Any lease of the Art Facility by the City will specifically state that the tenant(s) do not have use of the comrnon.area facilities and their occupancy shall be subject to the HQA documents, including any Rules and Regulations promulgated by the Developer and/or Homeowner`s Association The proposed purchase and sale agreement (Exhibit "C") contains a provision which allows the City the option to a) purchase the Community Facility wait at the developer's cost, not to exceed $530,000.00; or b) not proceed with the purchase of the Community Facility, but, instead, purchase Lot 12, only, to be used for park purposes only with appropriate deed restrictions, without any improvements thereto other than water semce (using City's water meter and City bearing all water usage charges), landscaping and irrigation for the Lot 12, whereby Lot 12 shall be owned by City (or the public for park purposes only if so dedicated by City or by Developer through an amendment of the Plat); or c) terminate the Agreement without penalty to the City if the City determines, in its sole discretion, that the purchase of at 12 for purposes of a Community Facility or a Ia* is not in the best interests of the City of Delray Beach. In the event the City elects to terminate the Agreement or purchase Lot 12, for park purposes, the City shall not thereafter impose upon the developer, or any successor in interest, a requirement to construct any commercial improvements within the Project. 4. e1 t Agreement (a) A. legal description of the land subject to the agreement, and the nam of its legal and equitable owner - Lots 1 through 24, inclusive, Block 73 and the 16 foot alley right of way lying Fast of and adjacent to the East line of Lots f through 12, inclusive, subdivision of Block 73, according to the Plat thereof as recorded in Plat Book 12, gage 62, Public Records of Palm Beach County, Florida, less the North 15 feet thereof. Legal Owners - Cannery Row, LLC (b) The duration of the agreement - Less than 10 years (c) The development uses permitted on the land, including population densities, and building intensities and height - Uses permitted are residential and commercial; proposed population density is 183E building density is a maximum. of 30 units per acre; and maximum height is 48'. (d) A description of public facilities that will service the development, including who shall Provide such facilities; the date any new facilities, if needed, will be constructed; and a schedule to assure public facilities are available concurrent with the impacts of the development; - The public facilities acre- water and sewer and they are already in place. (e) A description of any reservation or dedication of land for public purposes; - see the plat attached to this agreement. (f) A description of all local development permits approved or needed to be approved for the development of the land; - building permits, 5. CgMMM=Cnt of ASEm= . This Agreement shall commence 31 days after the Department of Community Affairs is in receipt of the Agreement, as per paragraph 5, and shall expire upon the conveyance and dedication of the parcels and building to the City from Developer, however, in no event shall the term of this Agreement exceed 10 years. 6. Fa' urs to Address a ConditionLoaWnmot If this Agreement fails to address 'a particular permit; condition, term, or restriction, Developer ,shall not be relieved of the necessity of complying with the law governing said permitting requirements, conditions, terms or restrictions. 7. &MMUM9 9f Aa=cnt . Pursuant to F.S. 163.3239 this Agreement shall be recorded in the public records of Palm Beach County, and a copy of the recorded agreement shall be submitted to the Department of Community Affairs. S. 1i,eyiew of the Agreemot . The City, at least once every 12 months, shall review this Agreement to determine if there has been demonstrated good faith compliance with the terms of the Agreement. If the City determines, based upon substantial competent evidence, that there has been a failure to comply with the terms of this Agreement, the Agreement may be revoked or modified by the City. 9. Amendrnent/Canecllaton-, pursuant to F.S. 163.3237, this Agreement may be amended or canceled by :mutual consent of the parties 10. Assig t. The purchase and sale agreement (Exhibit "CA) may be assigned by the City to the Community Redevelopment Agency or the Delray Beach Community Land Trust, Inc. without the approval of the Developer, if the City wishes to assign the purchase and sale agreement to another entity it must first obtain consent of Developer, which shall not be unreasonably withheld. 11. QQmpliance wM Lm. If state or federal laws are enacted after the execution of this Agreement which are applicable to and preclude the parties' compliance with the terms of this Agreement, then this Agreement shall be modified or revoked as is necessary to Comply with the relevant state law or federal laws. 12. Indemnification . Developer hereby agrees to defend, indemnify, and hold the City harmless from any and all claims, suits or any other cause of action arising out of this Agreement including attorneys fees and costs upended by the City at trial or appellate levels to uphold. this agreement. 13. C9=H2nce wi This Developers Agreement is in compliance with the City's Comprehensive Plan and Land Development Regulations. 14. Veaue. Any claims, lawsuits or disputes. that may arise under this Agreement shall be governed by the Laws of Florida, with venue in Palm Reach County, Florida. 13, ApprgoWs . This Agreement constitutes the entire agreement and understanding of the parties. There are no representations or undeFStaFtdings of nay kind not set forth herein. Any amendments to this Agreement must be in writing and eaecuW by both parties. (Signatures on Following Page) IN WrrNE.SS TH MEOF, the parties hereto have entered into this Agreement as of the day and year first above written. ATI EST: $y. City Clerk Approved as to Form: By: /..City Attorney rr 1 -J- - _._r— (Name Printed or Typed) a4Z.44. (Name: Printed to Typed) STATE OF FLORIDA COUNTY OF PALM BEACH jCM F DELRAY BEACH Mayor, Rita Ellis Cannery Row, LLC, by Ironwood Properties, inc., Member +- �!` , , The foregoing instrument was acknowledged before me this � day of May, 2007, by Cary Glicksteia, as President of Ironwood Properties, Int., a Florida corpooation, on behalf of the corporation. He is personally known to me or has produced (type of identification) as identification. Signature of Notary Public My Comminsion Expiresz ,,,;11„4,, :��*r`•r . Damd ii. Schmidt ��clrn�p�34&9J3 '�� r F► �" 1W3:� t err /ICI i4•, �liSi e�iC krnAr�� Prepared by, record and return to: John T. Metzger, Esq. McDonald Hopkins LLC 505 S. Flagler Drive, Suite 300 West Palm Beach, FL 33401 AMENDMENT TO AGREEMENT THIS AMENDMENT TO AGREEMENT (the "Amendment ") made as of December 11, 2008, by and between the CITY OF DELRAY BEACH, a Florida municipal corporation (the "City "), CANNERY ROW, LLC (the "Developer ") provides as follows: WHEREAS, City and Developer entered into that certain agreement (the "Agreement ") on the 8th day of May, 2007, recorded May 10, 2007, in O.R. Book 21718, Page 1822, of the Public Records of Palm Beach County, Florida; WHEREAS, Paragraph 2 of the Agreement required Developer to dedicate certain Park Land to the City; NOW THEREFORE, the parties agree as follows: 1. Developer has fulfilled said obligation; 2. The dedication affects only Parcel G of the Plat of Cannery Row, as recorded in Plat Book 109, Page(s) 133, of the Public Records of Palm Beach County, Florida; 3. The dedication does not affect any other portion of the Plat; and 4. The dedication contemplated has been fulfilled by virtue of dedication of the Park Land on the Plat. IN WITNESS WHEREOF, the parties have executed this date first above written. Signed, sealed and delivered in the PreL— of nt Name: o � � irst Witness rin ame: 1 . _ d a- �tJs Second Witness 11576739:,, CITY OF;DELRAY By: Print Name: Title: \� Approved as to form and legal sufficiency: j�,,,qity Attorney effective as of the a i STATE OF FLORIDA COUNTY OF PALM BEACH .lACKNOWLEDGED and subscribed before me this day of Jan uAA 2009, by N11Son n76-Du4 -.e , as 1%r'6 njCI �- of the Cit of Delra each, a Florida municipal corporation, on behalf of the municipality, who is a kno e r has produced as identification H"y PWo - VAN of Pbft ConNaI 'R 4 0D T�Mt etonaeti throign NMbi�IN� all Notary Publli�, Cate of Flo n a Print name: InilmrL M - U-) Commission No.: b b 943 My commission expires: p r � . ao CANNERY ROW, LLC, a Florida limited liability company By: Pr me: ' fitness Print N me:--�Rc4k f- o e, re i'k Second Witness STATE OF FLORIDA COUNTY OF PALM BEACH IRONWOOD DEVELOPMENT, INC., a Flo ' corporation, as its Manager a. ary Gli ein, as its President �munnraonrr rr rrrr nuurrrrrrNgrN� JANET TAGGART Comm# DD0413663 '., Ernves 5/6/2009 6Londed thru (600)432 -4254: Ronda Notary Assn., Inc 3 ............................................ ACKNOWLEDGED and subscribed before me this ,,,-0 day of 2009, by Cary Glickstein, as President of Ironwood Development, Inc., a Flori corporat' n, as the Manager of Cannery Row, LLC, a Florida limited liability company, on behalf of the company, who [SEAL] 1576'39:) is personally known to as identification. me or has produced 5-/2009 =• - "hru (300)432 -4254 i.........'........:::.e :::::: :::::.:.i CANNERY ROW PURCHASE AND SALE AGREEMENT THIS PURCH SE AND SALE AGREEMENT ( "Agreement ") is made and entered into as of this � day of 2007, by and between CANNERY ROW LLC LLC, a Florida limited liability co parry ( "Seller "), and the CITY OF DELRAY BEACH, FLORIDA ("Buyer''). IN CONSIDERATION of the respective agreements hereinafter set forth, Buyer and Seller agree as follows: 1. PURCHASE AND SALE. Subject to the provisions of Section 42 herein, the Cannery Row development consists, generally, of eighty -two (82) Townhomes and common area and recreational amenities related thereto, a city -owned corner park, and a city -owned community facility ("Cannery Row" and/or the "Project "). Buyer agrees to purchase from Seller, and Seller agrees to sell to Buyer, for the Total Purchase Price set forth below, and on the teams and conditions contained in this Agreement, Lot 12 ( "Lot'), as shown on the proposed Plat of Cannery Row ( "Plat "), attached hereto as Exhibit "A", together with the community facility ( "Community Facility ") to be constructed on the Lot pursuant to the floor plans ( "Floor Plans ") and building elevations ( "Elevations'l, and related construction specifications ("Construction Specifications ") attached hereto as Exhibit "B" and Exhibit "C ", respectively. The Lot and Community Facility are sometimes collectively referred to herein as the "Property"; however, the sale of the Lot and Community Facility will be considered a single sale - the Community Facility not being separate from the Lot. The Property address is: To Be Determined. 2. PURCHASE PRICE: Base Purchase Price: Change Orders, if any: Total Purchase Price: (exclusive of Closing Costs, proration, and any Change Orders not included here): $ NOT TO EXCEED $530,000.00 $ N/A $ 530.000.00 TOTAL PURCHASE PRICE TO BE PAID AS FOLLOWS: Deposit $ 10.00 1'' Deposit (10% of the Base Purchase Price): $ N/A 2!'a Deposit (10% of the Base Purchase Price): $ N/A Upgrade Payment, if any (see Upgrade Addendum): $ N/A Balance of the Total Purchase Price (Due at Closing in local bank cashiers check or received wire transferred funds): $ 529,990.00 3. COST TO BUYER: The Base Purchase Price stated above is intended to be the guaranteed maximum price Buyer shall pay for the Property, as constructed pursuant to the Construction Specifications, as defined herein. Buyer may, at any time until one year from the Closing Date ( "Cost Review Period'), and upon reasonable notice to Seller, have access to Seller's financial records relative to the Project in order to determine the true and actual cost to complete the Property in accordance with the Construction Specifications ("Cost'). Cost shall be defined as all costs necessarily incurred by Seller in connection with the acquisition, financing, ownership and construction of the Project and the Property, provided, however, that recreational amenities, and sales and marketing expenses for the Project shall be specifically excluded from any calculation of Cost. In the event Seller determines that Cost shall be less than stated above on or before the Closing Date, Seller shall adjust the Base Purchase to reflect any such reduction in Cost. 4. Deleted. 5. SELLER'S FINANCING. Buyer understands that Seller has obtained, or will obtain, acquisition, construction and other financing with respect to the Project. Buyer agrees that this Agreement, and all modifications and additions thereto, will be subordinate in all respects to the lien and priority of any mortgage (and related security interests) now or hereafter placed on the Property securing such Seller's financing, including all loan renewals, future advances, extensions and modifications. The parties intend that this subordination shall be effective automatically without any further notice to, or action by, Buyer. Buyer acknowledges that, as additional security for any of Seller's financing, Seller may assign all of its rights under this Agreement to its lender(s), including all rights Seller may have to Buyer's Deposit, subject to requirements of applicable laws. 6. CONSTRUCTION SPECIFICATIONS. The Community Facility will be constructed in substantial accordance with the plans, retained in Seller's sales office, and the specifications, attached hereto and made a part hereof as Exhibit "C ", as such plans and specifications are amended from time to time. Such plans and specifications, as they are so amended from time to time by Seller, are referred to in this Agreement as the "Construction Specifications ". Although Seller will complete construction of the Property substantially in accordance with the Floor Plans, Elevations, and Construction Specifications, Buyer acknowledges that during the planning, design, engineering, and construction for the Project, certain modifications, substitutions, deviations and/or omissions in and to the Property, Project; Floor Plans, Elevations, and Construction Specifications (collectively referred to herein as "Construction Modifications ") may occur due to governmental required changes, construction and field conditions, labor or product availability, construction scheduling, and design and specification changes made by Seller in Seller's sole discretion. These changes and adjustments are essential in order to permit all components of the Property to be integrated into a well- functioning and aesthetically pleasing product in an expeditious, cost- efficient, and profitable 2 manner. Accordingly, Seller expressly reserves the right to make Construction Modifications during construction of the Property, and Buyer hereby authorizes Seller to make any such Construction Modifications deemed necessary in Seller's sole discretion without prior notice to Buyer. Buyer further understands and agrees that: (i) exterior finishes, such as paint color, roof color /material, shutter placement/color, window /door placement and designs, light fixtures, railings, and other exterior finishes installed by Seller pursuant to the Construction Specifications, are subject to shadings in color gradations, die lots, etc., and may vary from any samples or illustrations shown to Buyer without prior notice to Buyer; (ii) all representations of dimensions, materials, equipment, and finishes are approximations of size, materials, equipment, appearances, and finishes, and are all subject to change by Seller in its reasonable discretion without prior notice to Buyer; (iii) changes in the dimensions of rooms, patios and balconies, and the location of utility (including, without limitation, electrical, television and telephone) lead -ins and outlets, doors, windows, air conditioning equipment, ducts and components, lighting fixtures, electric panel boxes and meters, fencing and gates, and the general layout of the Community Facility and any exterior improvements on the Lot are subject to change by Seller in its reasonable discretion without prior notice to Buyer; (iv) many items, finishes, materials, fixtures, equipment, furnishings, window treatments, accessories, upgrades, changes, and other improvements which may be displayed in any sales model or sales office, or in any marketing or promotional materials, are for display, design and marketing purposes only, and to the extent such items are not included in the Construction Specifications, such items are not included in the Property; (v) if circumstances arise which warrant changes of suppliers, manufacturers, brand names or other items, Seller may substitute materials, finishes, equipment, fixtures, appliances, etc., which are of substantially equivalent quality in Seller's sole opinion, without prior notice to Buyer; (vi) Seller will have complete discretion in landscaping of the Property and the Project; (vii) Seller will have complete discretion with all improvements and amenities situated within the Common Property (as defined in the Homeowner Documents); (viii) the plans and specifications for the Community Facility now or hereafter on file with the applicable governmental authorities may not be identical in detail to the final Floor Plans and the Construction Specifications, and (ix) because of the day - today nature of the changes described in this Section 6, the plans and specifications on file with applicable governmental authorities may not include some or any of these changes (there being no legal requirement to file every change with such authorities). The provisions of this section 6 will survive (continue to be effective after) closing. 7. CHANGE ORDERS. BUYER ACKNOWLEDGES THAT SELLER IS NOT OBLIGATED TO PROVIDE UPGRADES, EXTRAS, OPTIONS, OR CHANGE ORDERS OF ANY KIND. If Buyer requests changes to the Construction Specifications that are not included as part of the Construction Specifications ("Change Orders'% Seller may, in its sole and absolute discretion, either: (i) accommodate Buyer's change order request in the manner provided below, or (ii) deny any or all of Buyer's Change Order requests, and Buyer will accept Seller's decision on all change order requests as final. Buyer further understands that in the event Buyer's Change Order request is denied by Seller, the Community Facility will be completed substantially in conformity to the Construction 3 Specifications, and any Approval Upgrades or Approved Change Orders, as defined herein. No Change Orders shall be implemented unless an approved Change Order Addendum ("Change Order Addendum") for any such Change Orders is signed by Buyer and Seller and full payment for such Change Orders, as specified in the Change Order Addendum, is received by Seller ("Approved Change Order"). Buyer acknowledges and agrees that all payments made to Seller in connection with any Approved Change Order shall be not be considered as part of any deposit toward the Total Purchase Price, and any and all such payments are completely non - refundable in all respects; provided, however, if Seller shall fail to include any Approved Change Order in the Property, Buyer's sole remedy and Seller's sole liability shall be to deduct the amount paid by Buyer for any such omitted Approved Change Order from the Total Purchase Price at Closing, provided Buyer has paid Seller for same. Buyer further acknowledges and agrees that Seller's failure to include any Approved Change Order, or non - approved change order request made by Buyer shall not be grounds for: (i) Buyer to delay or postpone the Closing, or Buyer's obligation to close and pay the balance of the Total Purchase Price to Seller, (ii) any reduction of or credit against the Total Purchase Price, or (iii) placing any portion of the Total Purchase Price in escrow. If applicable, Buyer shall have thirty (30) days from the date of Seller's notice to Buyer that the time period for Buyer to make any required finish selections for the Community Facility has started ( "Selection Period"). The Selection Period which may be extended from time -to -time in writing by Seller in Seller's sole discretion. Buyer understands that in the event Buyer fails to provide Seller with any required finish selections within the Selection Period, Seller may complete the Property using such finish selections that Seller shall determine, in its sole discretion without prior notice to Buyer, provided such finishes are consistent with the Construction Specifications. 8. CONSTRUCTION OF THE PROPERTY. Subject to other terms of this Agreement, Seller shall commence construction ofthe Property as soon as it is reasonably possible following the issuance of all required building permits, and shall proceed with reasonable diligence throughout the term of construction. Seller agrees that all construction shall utilize new materials (or equivalent quality) and that all such materials shall be in accordance with applicable governmental roles, regulations and building codes, and that all work shall be done in a good and workmanlike manner. Seller shall be responsible for all building permits, impact fees, water and sewer hook -up fees, excluding deposits for utility services which shall be reimbursed by Buyer at Closing. 9. INSPECTION PRIOR TO CLOSING. Prior to Closing, and upon notice to Buyer, Buyer shall be given a reasonable opportunity to inspect the Property with Seller's representative. At that time, Buyer shall present to Seller an inspection statement ("Punch List"} signed by Buyer, setting forth any defects in workmanship or materials in the Property which are truly defects in workmanship and materials (the standards for which shall be the construction standards generally prevalent in Palm Beach County, Florida for similar property, which is a commercial shell). Buyer understands and acknowledges that Buyer's setting forth any such perceived defects in workmanship or materials on a Punch List does NOT obligate Seller to repair or warranty any such item(s). Those items on any Punch List that are not equal to the then prevailing construction standards generally 4 prevalent in Palm Beach County, Florida for similar commercial properties, and only those items that are not equal to such standards, as Seller shall determine in Seller's reasonable discretion, shall be considered by Seller as part of the Punch List for which Seller has an obligation for repair and warranty. Seller's failure to perform Seller's obligations hereunder shall not delay, postpone, or otherwise interfere with the Closing. Subject to the construction standards stated above, Seller shall correct and/or complete all work required under the Punch List within sixty (60) days after Closing, at Seller's expense and in a workmanlike manner, subject to the availability of labor and materials, access to the Property after Closing, or events which constitute force majeure. Buyer hereby authorizes Seller to determine the means and methods for making any and all Punch List and warranty related repairs. Buyer further recognizes that although the Property, at Closing, will have received a final certificate of occupancy, Seller may still be in the process of completing certain improvements in the Community Facility, on the Lot, and within the Project. NO ESCROWS OR HOLDBACKS OF CLOSING FUNDS WILL BE PERMITTED. The fact that Seller has to complete work set forth in the Punch List after Closing shall not delay or postpone the Closing, or Buyer's obligation to close and pay the balance of the Total Purchase Price, or be grounds for a reduction of or credit against the Total Purchase Price, or be grounds for deferring or imposing any conditions on Closing, or be grounds for placing a portion of the Total Purchase Price in escrow pending completion of the Punch List items. 10. CLOSING. The term "Closing" refers to the time when Seller delivers the special warranty deed for the Property to Buyer and Buyer delivers to Seller the balance of the Total Purchase Price and any additional amounts owed by Buyer to Seller under this Agreement and for any Approved Upgrades and Approved Change Orders, as set forth herein, or therein, and ownership of Property is transferred from Seller to Buyer (the "Closing"). At Closing, the parties will execute and deliver all documents Seller's closing agent deems necessary or appropriate. Buyer shall not move anypersonal property onto or take occupancy of the Property until a certificate of occupancy for the Property has been issued by the appropriate- governmental agency, and Seller has received the Total Purchase Price in accordance with the terms of this Agreement. Legal and physical possession of the Property shall be delivered to Buyer at Closing. The Closing will occur after issuance of a Certificate of Occupancy for the Community Facility by the City of Delray Beach. Buyer understands that Seller has the right to schedule the date, time and place for the Closing ( "Closing Date "); provided, however, that before the Closing Date, Seller must obtain a final certificate of occupancy for the Property. Buyer acknowledges that the common property, any improvements thereon, and all improvements related to the Project need not be completed or have such certificates of completion or occupancy prior to the Closing Date. Buyer will be given at least thirty (30) days' notice of the date, time and place of Closing. Seller is authorized to postpone the Closing for any reason and Buyer will close on the new date, time and place Seller specifies in its notice of postponement (as long as at least 2 days' notice of the new date, time and place are provided to Buyer). A change of time or place of Closing only (that is, one not involving a change of date) will not require any additional notice period. Any formal notice of Closing, and any postponement or rescheduling ofe Closing may be given orally, by telephone, facsimile, electronic mail, regular mail or other reasonable means of communication at Seller's option. All such notices 5 to Buyer shall be sent or directed to the address, facsimile, electronic mail address or telephone number (as appropriate), specified on Page 1 of this Agreement unless Seller has received written notice fiom Buyer of any address change prior to the date Seller's notice is sent, transmitted or given to Buyer. These notices (other than a change of address) will be effective on the date given, transmitted or mailed. An affidavit of one of Seller's employees or agents stating that this notice was given or mailed to Buyer will be conclusive in this regard. If Buyer fails to receive any of these notices or the confirmation because Buyer failed to advise Seller of any change of address, telephone or facsimile number, or electronic mail address, or because Buyer has failed to pick up a letter when Buyer has been advised of an attempted delivery or because of any other reason, Buyer will not be relieved of Buyer's obligation to close on the scheduled date unless Seller agrees in writing to postpone the scheduled date. If Seller agrees in writing to reschedule the Closing at Buyer's request, or if Buyer is a corporation (or other business entity) and Buyer fails to produce the necessary documents establishing proof of the organization, good standing and authorization of representatives, as requested by Seller, and, as a result, Closing is delayed, or if Closing is delayed for any other reason (except for a delay desired, requested or caused by Seller), Buyer agrees to pay at Closing a late funding charge equal to interest, at the then highest applicable lawful rate, on that portion of the Total Purchase Price not then paid to Seller (and cleared), from the date Seller originally scheduled the Closing to the date of actual Closing. Additional late funding charges also may be imposed as stated in this Agreement. All proration will be made as of the originally scheduled date. BUYER UNDERSTANDS THAT SELLER IS NOT REQUIRED TO RESCHEDULE OR TO PERMIT A DELAY IN CLOSING AND THAT IF BUYER FAILS TO TIMELY CLOSE AS REQUIRED BY THIS SECTION 10, BUYER WILL BE IN DEFAULT UNDER SECTION 16 OF THIS AGREEMENT. 11. TITLE. At Closing, Buyer will receive good and marketable title to the Property, subject to the pemutted exceptions listed below ( "Permitted Exceptions "). At Closing, Buyer will receive the following documents, which Buyer agrees to accept as proof that title is as represented above: A. Title Commitment. A written title commitment from a title insurance company licensed in Florida agreeing to issue Buyer a title insurance policy for the Property (ALTA Owner's Policy with Florida modifications) ( "Title Policy "). The title commitment will list the following Permitted Exception (exception subject to which Buyer agrees to take title to the Property): 1. Real property taxes and assessments affecting the Property for the year of Closing, and subsequent years, including any applicable special assessment, community redevelopment or improvement districts; 2. All laws, and all restrictions, covenants, conditions, limitations, agreements, reservations and easements recorded in the public records, or otherwise established with respect to the Project, for example, zoning restrictions, property use limitations and obligations, governmental permits, easements, rights -of -way, plat restrictions and dedications, and agreements relating to utilities, drainage and conservation areas; 6 3. The restrictions, covenants, conditions, easements, liens, terms and other provisions imposed by the documents contained or referred to in the Homeowner Documents, as defined herein, and any amendments thereto (and any other documents which Seller, in its sole discretion, believes to be necessary or appropriate) which will be recorded by Seller now or at any time after the date of this Agreement in the Public Records of Palm Beach County, Florida, and all amendments to any of such documents; 4. Easements in favor of the Association, as defined herein, and public utility providers for general access over and across the Property and the Project, and for the installation, service, repair, and maintenance of all water retention areas, drainage improvements, roads, and all other improvements and utilities serving the Property and the Project; 5. Minor encroachments, if any, into easement areas serving public utilities by Property- related improvements such as air conditioner pads and equipment, roof and balcony overhangs, which are hereby deemed permitted; if any; 6. The mortgage, and any other security instruments, in favor of Buyer's tender, 7. Deleted 8. All other standard title exceptions contained in an ALTA owner's title policy customarily issued in Palm Beach County, Florida for similarly situated properties, and all other title exceptions for items common to the Project; provided that no limitation on Buyer's title may prohibit construction of the Community Facility, nor the use of it as a Community Facility, subject to the Homeowner Documents. B. Closing Documents, At Closing, Buyer will receive: (i) a special warranty deed to the Property which will be subject to (that is, contain exceptions for) all of the matters described above, (ii) Seller's form of owners (no- lien) affidavit, FIRPTA ( "non- foreign ") affidavit, and gap affidavit, (iii) Bill of Sale for any personal property contained in the CommunityFacility, (iv) final as -built survey of the Property, (v) Soil treatment certificate, (vi) Insulation certificate, (vii) Certificate of Occupancy for the Property, and (viii) the Limited Warranty Registration, which shall require Buyer's execution at Closing. Buyer and Seller shall each execute and deliver to the other such additional documents as reasonably required by the closing agent to close the transaction contemplated in this Agreement. The documents (the title commitment, as aforesaid, and the documents listed in this Section 11.B. are collectively referred to herein as the "Closing Documents "). If Buyer finds title not to be in the condition required by this Agreement, then within thirty (30) days of receipt from Seller of the title commitment described above, Buyer shall notify Seller in writing of the specific nature of the claimed title defect and the specific 7 actions needed to correct the alleged title defect, failing which any claimed title defect shown in the title commitment shall be deemed waived by Buyer. In the event Seller cannot provide the quality of title described above, Seller will have a reasonable period of time (at least ninety (90) days after Buyer gives Seller written notice of an objection to title) to correct any defects in title, but Seller is not obligated to do so. ff Seller cannot, or at any time elects not to, correct the claimed title defects, then within five (5) days of notice from Seller, Buyer shall elect to either (i) accept title in the condition Seller offers it (with any such defects) and pay the Total Purchase Price for the Property (without reduction or offset), and Buyer shall not make any claims against Seller because of the alleged defects which will also be excepted from the special warranty deed; or (ii) cancel this Agreement and receive a full refund of the Deposit, whereupon Seller will be relieved of all obligations under this Agreement upon delivery to Buyer of the Deposit. If Buyer does not give written notice of such election to Seller within said five (5) day period, Buyer will be deemed to have elected option (i) of the preceding sentence. 12. CLOSING COSTS. Buyer understands that, in addition to the Total Purchase Price (which shall include all Approved Upgrades and Change Orders), Buyer shall pay at Closing the following fees and costs ( "Closing Costs "): A. Deleted- B. The actual costs of (i) officially recording the special warranty deed in the Public Records of Palm Beach County, Florida; (ii); deleted (iii) title search fees, title examination fees, settlement fees, and closing administration fees; and (iv) the premium for the Title Policy. Notwithstanding the forgoing, in the event Buyer elects to use Seller's designated closing agent for the Closing (which Buyer has no obligation to do), all of the foregoing costs listed in this Section 12.B. shall be paid by Seller at Closing. In the event Buyer does not so designate, in writing, another closing agent at the time of execution of this Agreement, Buyer agrees that Seller shall designate its closing agent to complete the Closing. C. Buyer's prorated share of the quarterly maintenance. assessment charged by the Association for the quarterly assessment period in which the Closing occurs; provided, however, if the Closing shall occur in the last month of any quarter, Buyer will be charged for the next quarter's assessment at Closing in addition to the aforementioned proration for the current quarter; D Deleted E. Reimbursement to Seller for the cost of providing Buyer with: (i) a final as -built survey of the Property, the cost of which shall not exceed $300, and (ii) a F.E.M.A, elevation certificate, if required, the cost of which shall not exceed $200; F. Reimbursement to Seller for any utility deposits or hook -up fees for the Property which Seller may have advanced prior to Closing; 8 G. deleted H. Any unpaid charges for any Approved Change Orders; I. deleted J. All fees, costs, points, and charges imposed by Buyer's mortgage lender, if any, shall be paid by Buyer at Closing. Buyer acknowledges the Closing Costs referred to in Section 12.A. and 12.B. above do not include any mortgage loan closing costs of anykind, including, without limitation, the cost of title insurance required by Buyer's lender. In the event Buyer elects to use Seller's designated closing agent for the Closing, as aforesaid, Seller agrees to cause the closing agent to provide title insurance to Buyer's lender for the lowest amount permitted by law, and to coordinate the closing of Buyer's mortgage; K. Real property taxes will be prorated through the day before Closing on the current year's tax amount for the Property. If Closing occurs on a date when the current year's tax assessment is not available, taxes will be prorated on the prior year's tax, as allocated to the Property by Seller, and will be later adjusted by Buyer and Seller based on the exact amount of taxes, with allowance for the maximum applicable discount amount; provided, however, that any request for adjustment and/or re- proration of real estate taxes must be made in writing and delivered by the party requesting the adjustment to the other party within ninety (90) days of the date the notice of the current year's real estate tax assessment is published by the applicable taxing authority. Buyer understands and agrees that if no written request for adjustment or re- proration is made and delivered to Seller within such ninety - dayperiod, any entitlement to adjustment or re- proration of real estate taxes that may exist shall be deemed waived. L. Certified Special Assessments as of the scheduled Closing Date shall be paid by Seller. Pending Special Assessments assessed by governmental agencies as ofthe scheduled Closing Date shall be assumed by Buyer. If any such Certified Special Assessments are payable in installments, the installment due in the year of Closing shall be prorated and Buyer shall assume the balance of any such installments. 13. HOMEOWNERS' ASSOCIATION. Buyer acknowledges that (i) the Cannery Row Homeowners' Association, Inc., a Florida corporation not- for -profit ("Association') has been established for the purpose of maintaining certain aspects of the Property and the Project. Buyer understands that Seller, due to its present ownership of Lots and properties comprising the Project, currently controls the Association and has the right to appoint officers and directors thereof in accordance with the following documents governing the Property: (i) the Articles of Incorporation of the Association ( "Articles'), (ii) the By -Laws of the Association ( "By- Laws'), and (iii) the Declaration of Covenants and Restrictions ("Declaration'), all as amended from time to time (the Articles, By -Laws and Declaration are collectively referred to herein as the "Homeowner Documents "). Buyer further acknowledges that upon Closing, Buyer shall automatically become a 9 member of the Association and shall be required to comply with all of the terms and provisions of the Homeowner Documents, and Buyer further acknowledges that Buyer shall be liable for the payment of any and all regular and special maintenance assessments levied against the Property pursuant to the Declaration, and that Buyer's failure to pay any such assessments may result in penalties. After Closing, and in accordance with the Declaration, Buyer shall be responsible for the maintenance of the Property. In the event Buyer fails to properly maintain the Property in accordance with the Declaration, the Association shall have the right, but not the obligation, to perform such maintenance required of Buyer pursuant to the Declaration, in which event Buyer shall pay all cost incurred by the Association, including all collection costs. The Association shall have the right to assess the Property for all maintenance costs incurred by the Association. Buyer acknowledges receipt of the proposed Homeowner Documents, which Buyer agrees to adhere to and be bound by the terms thereof, and any future changes provided that Buyer has consented to such changes as provided in the Homeowners Association documents. The provisions of this Section 13 shall survive the Closing. 14. HOMEOWNER ASSOCIATION FEES. Buyer understands that any estimated operating budget provided to Buyer (the "Budget ") provides only an estimate of what it will cost to run the Association during the period of time stated in the Budget. The Budget is not guaranteed to be an accurate prediction of the expenditures required of the Association, and, as such, are subject to change at any time and from time to time to reflect actual and projected expenditures or changes in assumptions. These changes may occur before or after Closing, but will not affect any of Buyer's obligations under this Agreement or the Homeowner Documents, except as to resulting changes in closing prorations. Buyer recognizes and agrees that Buyer's assessments may include expenses attributable to Common Property which are not complete or usable by Buyer at any given time. The ,provisions of this Section 14 shall survive the Closing. 15. ADJUSTMENTS WITH THE ASSOCIATION. Buyer acknowledges that Seller may advance money to the Association, or on behalf of the Association, to pay for certain Association expenses, including, without limitation, insurance premiums, Common Property maintenance and repairs, utility charges and deposits, permit and license fees, charges for service and maintenance contracts, salaries of Association employees, and other similar expenses. Seller is entitled to be reimbursed by the Association to the fullest extent permitted by law for all such sums advanced or paid by Seller on behalf of the Association. 16. DEFAULT. If Buyer fails, refuses or neglects to perform Buyer's obligations under this Agreement, Buyer shall be deemed in "default ". If Buyer remains in default thirty (30) days after Seller sends notice of any such default, Seller shall be entitled to the remedies provided herein. Seller has agreed to construct the Community Facility in connection with obtaining certain development approvals from the City of Delray Beach for the Project. In that regard, Seller would not construct the Community Facility except for the requirement by the City of Delray Beach to do so in order to grant Seller the required development approvals for the Proj ect. Buyer and Seller agree 10 that as inclusion of the Community Facility in the Project as a condition of receiving development approvals for the Project, it would have no value to Seller in the event Buyer does not close on the purchase of the Community Facility, as such event may j eopardize the underlying approvals for the Project. In the event Buyer's default is failing to close on the scheduled Closing Date, then Seller may seek specific performance to compel it to close on the purchase and sale contemplated by this Agreement. If Seller fails, refuses or neglects to perform Seller's obligations under this Agreement, Seller shall be deemed in "default." If Seller defaults under this Agreement, Buyer shall give Sellerwritten notice specifying any such default. If Seller has not cured the default within ten (10) days following Seller's receipt of Buyer's default notice, or, where the nature of the specified default cannot reasonably be cured within such ten -ay period, Seller has not commenced a course of action and thereafter diligently pursued such course of action as reasonably required to promptly cure such default within ninety (90). days, Buyer may either (1) receive a refund of all monies paid by Buyer under this Agreement or (2) seek specific performance, without thereby waiving an action to recover Buyer's actual and direct damages (out -of- pocket amounts actually paid by Buyer to third parties). Acceptance of a special warranty deed at Closing shall be Buyer's acknowledgment of full performance by Seller of all of its agreements, duties and obligations under this Agreement and no agreement, duty or obligation of Seller shall survive the Closing except the obligation of Seller to complete the Punch List, the Limited Warranty provided in Section 19 below, and the warranties contained in the special warranty deed. The provisions of this Section 16 will survive Closing. 17. Deleted 18. ONGOING ACTIVITIES. Buyer understands that as long as Seller owns property within the Project, it may retain offices and model homes within the Project (including on or within Common Property, and any improvements thereon). Seller's sales representatives may show homes, erect advertising signs and conduct any and all activities whatsoever as is necessary and appropriate for the sales, leasing or management of the Project. In addition to the foregoing, Seller, and its affiliates, assignees, contractors, subcontractors, licensees and designees may conduct such construction, marketing and other activities in or around the Project as are deemed necessary or appropriate in the sole discretion of Seller or the party conducting such activities on Seller's behalf, or with Seller's consent . Without limiting the generality of the foregoing, and as a material inducement to Seller to enter into this Agreement, Buyer acknowledges and agrees that SELLER AND /OR OTHER PARTIES MAY BE CONDUCTING CONSTRUCTION, SALES, LEASING, AND OTHER ACTIVITIES WITHIN OR AROUND THE PROPERTY AND THE PROJECT, BOTH BEFORE AND AFTER The CLOSING. BUYER RECOGNIZES THE RIGHTS OF SELLER, OR OTHERS PERMIZ"fED BY SELLER, TO CONDUCT SUCH ACTIVITIES AND HEREBY AGREES NOT TO: (i) DEEM ANY OF THESE ACTIVITIES TO BE NUISANCES OR NOXIOUS OR OFFENSIVE ACTIVITIES, (ii) ENTER, OR ALLOW ANY OTHERS UNDER BUYER'S CONTROL TO ENTER, ANY AREAS WHERE SUCH ACTIVITIES ARE BEING CONDUCTED (EVEN WHEN THEY HAVE TEMPORARILY CEASED, SUCH AS DURING NON - WORKING HOURS), OR (iii) INTERFERE WITH, RESTRICT OR IMPEDE THE WORK 11 OF SELLER OR OTHERS WMIIN THE PROJECT, AND BUYER HEREBY GRANTS SELLER ACCESS TO THE LOT AND ALL PORTIONS THEREOF, SUBSEQUENT TO CLOSING IN ORDER TO COMPLETE ANY WORK WITHIN THE PROJECT. 19. SELLER'S LIMITED WARRANTY. DISCLAIMER OF IMPLIED WARRANTIES . Seller agrees to repair, at Seller's expense, for a period of one (1) year from Closing, all materials that may prove to be defective within one (1) year from the Closing Date ("Limited Warranty'). It is expressly understood that this obligation shall be void if the need for such repairs arises from an act or failure to act by Buyer or Buyer's agents, servants, lessees, employees, or invitees, or if such need arises by virtue of an act of God, or if Buyer shall have attempted to repair same without first giving Seller thirty (30) days prior written notice thereof. This Limited Warranty shall be the only warranty that Seller shall make or be obligated to make regarding the Property or Project. BUYER UNDERSTANDS THAT THE ABOVE- DESCRIBED LIMITED WARRANTY TO BE DELIVERED TO BUYER AT CLOSING IS THE ONLY WARRANTY MADE BY SELLER WITH REGARD TO THE PROPERTY OR THE PROJECT, AND, TO THE MAXIMUM LAWFUL EXTENT AND UNLESS CLEARLY AND ABSOLUTELY PROHIBITED BY LAW, ALL IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND HABITABILITY, ANY WARRANTIES IMPOSED BY STATUTE, AND ALL OTHER EXPRESS AND /OR IMPLIED WARRANTIES OF ANY KIND OR CHARACTER ARE SPECIFICALLY DISCLAIMED, AND SELLER HAS NOT GIVEN AND BUYER HAS NOT RELIED ON OR BARGAINED FOR ANY SUCH WARRANTIES. AS TO ANY IMPLIED WARRANTY THAT CANNOT BE DISCLAIMED ENTIRELY, ALL SECONDARY, INCIDENTAL AND CONSEQUENTIAL DAMAGES ARE SPECIFICALLY EXCLUDED, WAIVED AND DISCLAIMED (CLAIMS FOR SUCH SECONDARY, INCIDENTAL AND CONSEQUENTIAL DAMAGES BEING CLEARLY UNAVAILABLE IN THE CASE OF IMPLIED WARRANTIES WHICH ARE DISCLAIMED ENTIRELY ABOVE). BUYER UNDERSTANDS AND HEREBY AGREES TO THE TERMS AND CONDITIONS OF THE LIMrrED WARRANTY. Without limiting the generality ofthe foregoing, if, but only if, Seller is prohibited from disclaiming entirely certain implied warranties by reason of the provisions of the "Magnuson -Moss Warranty Act" (15 U.S.C. § §2301 -2312) (the "Warranty Act "), if applicable, Seller HEREBY LIMITS THOSE IMPLIED WARRANTIES, IF ANY, AS FOLLOWS: (i) IN SCOPE TO THOSE, IF ANY, GIVEN ON "CONSUMER PRODUCTS," IF ANY, AS DEFINED IN THE WARRANTY ACT, IF APPLICABLE) WHICH ARE ACTUALLY COVERED BY THE LIMITED WARRANTY, AND (ii) IN DURATION TO THE ONE YEAR PERIOD OF SELLER'S LIMITED WARRANTY, AND ALL THOSE IMPLIED WARRANTIES, IF ANY, ARE HEREBY DISCLAIMED ABSOLUTELY THEREAFTER Buyer understands and agrees that Seller is authorized to utilize a and party warranty management service in connection with the administration of any warranty provided to Buyer for the Community Facility, and that Buyer agrees to execute any registration forms or agreements in connection with such warranty administration. Seller will deliver to Buyer, at Closing, any and all manufacturers' warranties, which will be passed through to Buyer at Closing, none of which manufacturers' warranties are expressly warranted in any way by Seller. The provisions of this Section 19 will 12 survive Closing. 21. NOTICES. Unless this Agreement states other methods of giving notices, whenever either party is required or desires to give notice to the other party, the notice must be in writing and sent either. (i) by first class mail, postage prepaid (unless sent outside of the United States, in which event written notices to Buyer may be sent by regular air mail); (ii) by facsimile transmission or electronic mail if Buyer has indicated a facsimile number or electronic mail address on Page 1 of this Agreement; or (iii) by a national overnight courier service, to the address for Buyer set forth on Page 1 of the Agreement. A change of address notice is effective when it is received. All other written notices are effective on the day they are properly mailed, transmitted, or delivered, as the case may be, whether or not received (and all permitted non -written notices to Buyer are effective on the date given by Seller) unless receipt is required as specifically set forth in portions of this Agreement. 22. TRANSFER OR ASSIGNMENT. Buyer may transfer or assign Buyer's interest in this Agreement to the Delray Beach Community Redevelopment Agency or the Delray Beach Community Land Trust, Inc. without the approval of Seller, if Buyer wishes to assign this Agreement to another entity it must first obtain consent of Seller, which shall not be unreasonably withheld. Seller may assign or transfer freely all of its rights and obligations under this Agreement. 23. Deleted. 24. FLORIDA LAW; SEVERABILITY. This Agreement shall be governed by, and construed and enforced in accordance with the laws ofe State of Florida, and any disputes in connection with this Agreement will be settled according to Florida law. If any part of this Agreement violates a provision of Florida or federal law, such law will control. In such case, however, the remainder of the Agreement (not in violation) will remain in force and effect. Without limiting the generality of the foregoing, it is Buyer's and Seller's mutual desire and intention that all provisions of this Agreement be given full effect and be enforceable strictly in accordance with their terms. If, however, any part of this Agreement is not enforceable in accordance with its terms or would render other parts of this Agreement or this Agreement, in its entirety, unenforceable, the unenforceable part or parts are to be j udicially modified, if at all possible, to come as close as possible to the expressed intent of such part or parts (and still be enforceable without jeopardy to other parts of this Agreement, or this Agreement in its entirety), and then are to be enforced as so modified. If the unenforceable part or parts cannot be so modified, such part or parts will be stricken and considered null and void, and the remainder of this Agreement shall continue in full force and effect, in order that the mutual paramount goal (that this Agreement is to be enforced to the maximum extent possible strictly in accordance with its terms) can be achieved. Without limiting the generality of the foregoing, if the mere inclusion in this Agreement of terms granting to Seller certain rights and powers, or waiving or limiting any of Buyers rights or powers or Seller's obligations (which otherwise would be applicable in the absence of such terms), results in a final conclusion (after giving effect to the above judicial modification, if possible) that Buyer has the right to cancel this Agreement and receive a refund ofBuyer's Deposit, such offending 13 rights, powers, limitations and/or waivers shall be stricken, cancelled, rendered unenforceable, ineffective and null and void. Under no circumstances shall either Buyer or Seller have the right to cancel this Agreement solely by reason of the inclusion of certain language in this Agreement (other than language which is intended specifically to create such a cancellation right). THE FOLLOWING SENTENCE WELL SUPERSEDE AND TAKE PRECEDENCE OVER ANYTHING IN THIS AGREEMENT THAT IS IN CONFLICT WITH IT: IF ANY PROVISIONS SERVE TO LIMIT OR QUALIFY SELLER'S SUBSTANTIAL COMPLETION OBLIGATION HEREIN, AND SUCH LIMITATIONS OR QUALIFICATIONS ARE NOT PERMITTED IF THE EXEMPTION OF THIS SALE FROM THE INTERSTATE LAND SALES FULL DISCLOSURE ACT PURSUANT TO 15 U.S.C. § 1702(a)(2) IS TO APPLY OR THIS AGREEMENT IS TO OTHERWISE BE FULLY ENFORCEABLE, THEN ALL THOSE PROVISIONS ARE HEREBY STRICKEN AND MADE NULL AND VOID AS IF NEVER A PART OF THIS AGREEMENT. FOR PURPOSES OF THIS PARAGRAPH ONLY, THE WORDS "THIS AGREEMENT" INCLUDE IN THEIR MEANING THE HOMEOWNER DOCUMENTS. 25. TIME OF THE ESSENCE. The performance of all obligations on the precise times stated in this Agreement is of absolute importance, and failure to perform any such obligations on time is an event of default, time being of the essence with respect to each provision ofthis Agreement which requires performance by Buyer within a specified time period or upon a specified date. If the deadline for the performance of any obligation under this Agreement, or the expiration of any time period under this Agreement, falls on a Saturday, Sunday or legal holiday, then the applicable time period shall be extended to the next succeeding business day. 26. ENTIRE AGREEMENT. This Agreement constitutes the entire understanding between the parties, and may not be amended except by written agreement executed by all parties hereto. Any current or prior agreements, understandings, verbal and visual representations and statements, including, without limitation, artist's rendering, sales and advertising materials, or oral statements and representations of Seller's sales representatives, if not expressed in this Agreement or in the Homeowner Documents, are hereby merged into the terms of this Agreement and are void and have no effect, and Buyer acknowledges that Buyer has not relied on any such information or materials. 27. LITIGATION. The venue of any litigation or other dispute resolution arising out of this Agreement shall be Palm Beach County, Florida. This provision shall survive the Closing or earlier termination hereof. 28. Deleted 29. SURVIVAL. The provisions and disclaimers in this Agreement which are expressly set forth herein to have effect after Closing (but only those provisions and disclaimers) will continue to be effective after Closing and delivery of the deed. All other provisions of the Agreement shall be deemed performed or waived at Closing, and shall be merged into the deed. 30. INCORPORATION BY REFERENCE. Every exhibit, schedule, modification, rider, and 14 other addendum and appendix attached to this Agreement or referred to herein is hereby incorporated in this Agreement. 31. Deleted. 32. Deleted. 33. RIGHTS AND REMEDIES CUMULATIVE. The rights and remedies provided by this Agreement are cumulative and the use of any one right or remedy by any party shall not preclude or waive its right to use any or all other remedies. Said rights and remedies are given in addition to any other rights the parties may have by law, statute, ordinance or otherwise. 34. CONSTRUCTION. Every covenant, term, provision of this Agreement shall be construed simply according to its fair meaning, and shall not be more strictly construed against any one of the parties hereto. Further, notwithstanding the fact that the form of this Agreement has been drafted, initially, by Seller, all parties to this Agreement have participated fully in the negotiation and preparation hereof, and as this Agreement has been fully negotiated between the parties hereto, the principle of contract interpretation which would result in any ambiguity being construed against the draftsman shall not, and is not intended, to apply. In construing this Agreement, the singular shall be held to include the plural, the plural shall be held to include the singular, and the use of any gender shall be held to include every other gender. The titles and captions contained herein are for convenience only and shall not be deemed a part of the context of this Agreement. 35. NEGOTIATIONS. Buyer acknowledges that the negotiation of this Agreement and all discussions with Seller and its agents regarding the sale of the Property were conducted in the English language. Buyer also acknowledges that (a) Buyer has had ample opportunity to inspect the documents provided to Buyer pursuant to this Agreement, and pursuant to any request ofBuyer, and (b) that although Seller's sales agents are not authorized to change the form of this Agreement, they have strict instructions from Seller to communicate any of Buyer's requests for changes to this Agreement to Seller's management, which has given Buyer the opportunity to discuss and negotiate any such changes to the Agreement. In light of the foregoing, Buyer's decision to sign this Agreement now is totally free and voluntary and Buyer acknowledges and accepts all of the provisions of the Agreement and the Hemeewnw Desuments as fair, reasonable, negotiated, discussed and explained to Buyer's complete satisfaction. 36. COUNTERPARTS. This Agreement maybe executed in counterparts, each ofwhich shall be deemed an original, and shall be binding upon the party or parties who executed same, but all of such counterparts shall constitute one and the same Agreement. 37. EFFECTIVE DATE. The effective date ("Effective Date ") of this Agreement shall be the date stated on Page 1 of this Agreement, and shall be the date from which all time periods under this Agreement are computed. 38. Deleted 15 39. OTHER STATUTORY DISCLOSURES. A. Chavter 558 Notice of Claim. CHAPTER 558, FLORIDA STATUTES CONTAINS IMPORTANT REQUIREMENTS YOU MUST FOLLOW BEFORE YOU MAY BRING ANY LEGAL ACTION FOR AN ALLEGED CONSTRUCTION DEFECT IN YOUR COMMUNITY FACILITY. SIXTY DAYS BEFORE YOU BRING ANY LEGAL ACTION, YOU MUST DELIVER TO THE OTHER PARTY TO THIS CONTRACT A WRITTEN NOTICE REFERRING TO CHAPTER 558 OF ANY CONSTRUCTION CONDITIONS YOU ALLEGE ARE DEFECTIVE AND PROVIDE SUCH PERSON THE OPPORTUNITY TO INSPECT THE ALLEGED CONSTRUCTION DEFECTS AND TO CONSIDER MAKING AN OFFER TO REPAIR OR PAY FOR THE ALLEGED CONSTRUCTION DEFECTS. YOU ARE NOT OBLIGATED TO ACCEPT ANY OFFER WHICH MAY BE MADE. THERE ARE STRICT DEADLINES AND PROCEDURES UNDER THIS FLORIDA LAW WHICH MUST BE MET AND FOLLOWED TO PROTECT YOUR INTERESTS. B. Florida Homeowners' Construction Recovery Fund. FLORIDA HOMEOWNERS' CONSTRUCTION RECOVERY FUND: PAYMENT MAY BE AVAILABLE FROM THE FLORIDA HOMEOWNERS' CONSTRUCTION RECOVERY FUND IF YOU LOSE MONEY ON A PROJECT PERFORMED UNDER CONTRACT, WHERE THE LOSS RESULTS FROM SPECIFIED VIOLATIONS OF FLORIDA LAW BY A LICENSED CONTRACTOR FOR INFORMATION ABOUT THE RECOVERY FUND AND FILING A CLAIM, CONTACT THE FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD AT THE FOLLOWING TELEPHONE NUMBER AND ADDRESS: FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD 1940 NORTH MONROE STREET TALLAHASSEE, FLORIDA 32399 -1039 (850) 487 -1395. C. Real Estate Taxes. BUYERS SHOULD NOT RELY ON THE SELLER'S CURRENT PROPERTY TAXES AS THE AMOUNT OF PROPERTY TAXES THAT THE BUYER MAY BE OBLIGATED TO PAY IN THE YEARS SUBSEQUENT TO PURCHASE. A CHANGE IN OWNERSHIP OR PROPERTY IMPROVEMENTS TRIGGERS REASSESSMENTS OF THE PROPERTY THAT COULD RESULT IN HIGHER PROPERTY TAXES. IF YOU HAVE ANY QUESTIONS CONCERNING VALUATION, CONTACT THE COUNTY PROPERTY APPRAISER'S OFFICE FOR INFORMATION. D. Homeowner's Association Disclosure Summary. ATTACHED HERETO AS EXHIBIT "D" IS A HOMEOWNER ASSOCIATION DISCLOSURE SUMMARY REQUIRED BY SECTION 720.401, FLORIDA STATUTES WHICH IS HEREBY INCORPORATED IN AND MADE A PART OF THIS AGREEMENT. IF THE DISCLOSURE SUMMARY REQUIRED BY SECTION 720.401, FLORIDA STATUTES, HAS NOT BEEN PROVIDED TO THE PROSPECTIVE PURCHASER BEFORE EXECUTING THIS CONTRACT FOR SALE, THIS CONTRACT IS VOIDABLE BY 16 BUYER BY DELIVERING TO SELLER OR SELLER'S AGENT OR REPRESENTATIVE WRITTEN NOTICE OF THE BUYER'S INTENTION TO CANCEL WITHIN 3 DAYS AFTER RECEIPT OF THE DISCLOSURE SUMMARY OR PRIOR TO CLOSING, WHICHEVER OCCURS FIRST. ANY PURPORTED WAIVER OF THIS VOIDABILITY RIGHT HAS NO EFFECT. BUYER'S RIGHT TO VOID THIS CONTRACT SHALL TERMINATE AT CLOSING. E. Insulation Disclosure. Seller has disclosed to Buyer, as required by the applicable rules of the Federal Trade Commission that the type, thickness, R -value and location of the insulation Seller intends to install in the Community Facility, are as follows: None, as no insulation shall be installed by Seller. Buyer understands that the above information is based solely on the information provided by the manufacturers of such insulation products, and Buyer agrees that Seller is not responsible for any manufacturers' errors or discrepancies. All of the foregoing information is subject to Seller's rights, under this Agreement to make changes in the Construction Specifications, and to any applicable limitations of Seller's liability to Buyer. Pursuant to F.S., Chapter 553.996, Buyer acknowledges receipt of the Energy-Efficiency Standards published by the Florida Dept. of Community Affairs, which among other things, notifies Buyer of the option of obtaining, at Buyer's expense, an energy - efficiency rating on the Community Facility. F. Radon Gas. Seller does not conduct radon testing with respect to the Property, and specifically disclaims any and all representations or warranties as to the absence of radon gas or radon producing conditions in connection with the Property. THE FOLLOWING PARAGRAPH IS PROVIDED FOR INFORMATIONAL PURPOSES PURSUANT TO FLORIDA STATUTES 404.056(8): RADON GAS IS A NATURALLY OCCURRING RADIOACTIVE GAS THAT, WHEN IT HAS ACCUMULATED IN A BUILDING IN SUFFICIENT QUANTITIES, MAY PRESENT HEALTH RISKS TO PERSONS WHO ARE EXPOSED TO IT OVER TIME. LEVELS OF RADON THAT EXCEED FEDERAL AND STATE GUIDELINES HAVE BEEN FOUND IN BUILDINGS IN FLORIDA. ADDITIONAL INFORMATION REGARDING RADON AND RADON TESTING MAY BE OBTAINED FROM YOUR COUNTY PUBLIC HEALTH DEPARTEMENT. 40. ADDITIONAL DISCLOSURES AND DISCLAIMERS. Seller hereby discloses the following information to Buyer which Buyer should carefully evaluate in its decision to purchase the Property: (a) Buyer acknowledges that certain aspects of the Common Property may, in some cases, be unfinished as of the date of Closing, and that Buyer will accept such improvements and facilities in their "AS IS" condition as of the Closing Date. (b) Although the glass and windows in the Community Facility are impact- resistant, according to the manufacturer, Seller makes no representations as to the resistance qualities or capabilities of the glass windows or doors in the case of a major weather event. 17 (c) Buyer acknowledges Seller may obtain FNMA or FHLMC project approval; however, Seller is not required to obtain the approval. (e) Buyer acknowledges that any proposed Association budget provided to Buyer reflects estimated expenses, and, as an estimate, such expenses are subject to change between the time of Buyer's receipt of any proposed Association budget and the time such expenses are to be paid by the Association. The provisions of this Section 40 will survive Closing. 41. BUYER OPTIONS. In addition to Buyer's rights herein to purchase the Community Facility at Seller's cost, not to exceed $530,000.00, and as more particularly described in that Developer Agreement, of even date herewith, between Buyer and Seller, Buyer shall have to option, upon notice to Seller as described below, to: a) not proceed with the purchase of the Community Facility, but, instead, purchase Lot 12, only, to be used for park purposes only, with appropriate deed restrictions allowing only use as a park, and without any improvements thereto other than water service (using Buyer's water meter and Buyer bearing all water usage charges), landscaping and irrigation for the Lot 12, whereby Lot 12 shall be owned by Buyer (or the public for park purposes if so dedicated by Buyer or by Seller through an amendment of the Plat); or b) terminate this Agreement without penalty to Buyer if Buyer determines, in its sole discretion, that the purchase of Lot 12 for purposes of a Community Facility or a park is not in the best interests of Buyer. In the event Buyer elects to terminate this Agreement, Buyer shall not thereafter impose upon Seller, or any successor in interest, a requirement to construct any commercial improvements within the Project. Notwithstanding any other notice requirements herein, Seller shall notify Buyer in writing, at least sixty (60) days prior to applying for building permits for the building in which the Community Facility unit is to be constructed, that Seller . intends to proceed with construction of such building {"Seller's Notice to Proceed'). Buyer shall notify Seller in writing within sixty (60) days of receipt of Seller's Notice to Proceed that Buyer has elected to: a) purchase the Community Facility unit at Seller's cost, not to exceed $530,000.00, as aforesaid; or b) purchase Lot 12, only, at Seller's cost of $200,000.00 for park purposes, as aforesaid; or c) terminate this Agreement without penalty to Buyer. In the event Seller does not receive notice of Buyer's election under this section within sixty (60) days of receipt of Seller's Notice to Proceed, Seller shall deem such failure to notify Seller as Buyer's election to terminate this Agreement, whereupon Seller may proceed with development of the Project without any requirement of commercial improvements. BY SIGNING BELOW, BUYER AND SELLER AGREE TO BE BOUND BY ALL TERMS AND PROVISIONS OF THIS AGREEMENT. ACCORDINGLY, BUYER IS HEREBY ADVISED TO CAREFULLY REVIEW THIS AGREEMENT AND THE HOMEOWNER DOCUMENTS, AND TO CONSULT WITH AN ATTORNEY OF BUYER'S CHOICE. If, after the execution of this Agreement, Buyer or any attorney on Buyer's behalf', informs Seller that Buyer desires or intends to terminate this Agreement, or that 18 Buyer is or may be unable or unwilling to comply with any of the terms of this Agreement, then, at the option of Seller, same will constitute a default by Buyer. IN WITNESS WHEREOF, the parties hereto have sworn to and executed this Agreement as of the date first above written. SELLER: CANNERY ROW LLC, a Florida limited liability company By: Ironwood D elopment, Inc., a Florida cooration, its Managing Member as President BUYER: CITY RAY BEA ra Mayor, tais A%'J� r. > tiAN . City Clati Approved as lb form and legal sufficiency: n � By: d I �i, City Attorney 19 EXRMIT "A" PLAT 20 m 5.vujaw irw • rL �� aD 9L zoa �- - — -n7all� - -- -- —1 zwmm as o Cl x_ I , ter Ilk 1 ' .�. .� R fit I •o 0 0• o , w 9 .r�.•.tV.+ r aM SL -'rte` 1:77GiA R[7; JA! -.. - _ �..1''T� - �•�•. ' fisg37ooit►�Ovd Yo- se"1+•tis 4 ',• _ ;: M .. EXHIBIT KB" FLOOR PLANS AND ELEVATIONS 21 C o f �v C _v z c�3 z z m< m 0 rn o z co FIR I a ru IIII�JIIi �i rr.�.' /i y i �u �p 7 Q 6 r 00 �Z z Z. - -- Tn -.. 33 SQ n� m N (1) o co f F IA Ti -1 0 A Inim, a y CA ci r 0 r CD �v z ii7 .LL n D z z _IFT 0 m CA) o z c� O SIX ;51� aZ� � � 2 2 c -{ r 4 ;c F WALL i r -- -- ---r----------,r--------- IF IF i i 23' -8' t, W 3 0 0 Z 0 xx�� z ..� - - - - •� lrwJ, �- ` •t �� - - - mil, �,�� •� J � rte- � 0 r ! ♦ sx� ��•� ��.\ � Z:'�.:� - - - i a - - - I L Z m 4�6 -f, ZT CD H If 2-HP- WALL ------- 1 }- - - - - -- I }. 1 t I I k I 4. � Z- - - - -- z o K I- C: FL v w f- r r 0 f O M r}f 1!✓ W f �z��• C' r INM - I I I rJ 4 Vi I_ N f � � f N - � s r 70 'O Z_ cm (P E/ I :le rem z r CD 2-Hp- WALL 23' -a' 0 > Z Z . . . . . . . ... IN I lird CA) > . . . . . . m r _0 m TT ) h C0 z .0 ft C L Z 00 0 o � C z 'n PO 1 RM s m z -u D V 0. �O ;rr! ■. MCM L. r K:: r� _ Y. — ;rr! ■. MCM L. r K:: • %(.•� : it �` ..�`b • .a � _ Y. — 1. i 1.,k 1 r�11 �1� r'I� a OD �n -n i 0 r D m 0o 0 co l V 3 "' b Ci -: -n i 0 r D m 0o 0 co l V 3 "' b �o 0 f o K $ c C vi"' 4 m- �> 0 r a m cc 0 co m= � s 3 • y`�� ^"`a �.. _ •. f is `,,. -:. •��... Vii. :�� ; {�i'. . � {e, ;'t ivy. '.'• i'�: .. ^:. %. f/` "•_mot• °v':�•.i of ; A': .' {'. ,.._.. .. _ aff m= � s 3 EXHIBIT KC" CONSTRUCTION SPECIFICATIONS 22 Exterior Finishes: - Smooth stucco finish on exterior walls, covered entry and porch ceilings, and soffits with stucco soffit crown molding. - 'Decorative, pre - finished aluminum (non - operative) shutters as per Elevations. - Painted, wood - wrapped steel and fiberglass columns at selected balconies, as per Elevations. - Pre - finished decorative balcony railing, as per Elevations. Brick paver entry walkway. Sherwin- Williams (or equal) exterior flat latex paint on all stucco. Sherwin-Williams tar equal) exterior semi -gloss enamel paint non -pre- finished doors and decorative columns. Decorative Awnings at selected locations, as per Elevations. Interior Finishes: None. The Community Facility will be delivered as a shell structure, such that the interior will consist of exposed cmu (block walls), floor and roof trusses, plywood sheathing, and temporary stair system. Windows and Exterior Doors: PGT (or equal) pre - finished white aluminum, single -hung windows with impact - resistant tinted glass, and screens. PGT (or equal) 8' pre - finished white aluminum storefront doors with impact- resistant tinted glass at 'Is' floor, with French doors at upper floors, as per Elevations. Therma -Tru (or equal) 8' insulated, painted/stained fiberglass, raised panel rear door. Air Conditioning and Heating: None Plumbing and Fixtures: 9" water service stub -out to interior wall, sewer line connection to first floor drain. Electrical and Fixtures: Single -phase 200 amp service to meter box and stub out to interior wall. Fire Sprinkler: Water line stub out to interior wall. Landscaping and Walkways: Landscaping pursuant to Jerry Turner & Associates landscape plan. Zoned sprinkler system utilizing city water on HOA meter. Brick paver sidewalks; ADA compliant front entry. Insulation: None 4 SPECIFICATION DISCLOSURES BUYER UNDERSTANDS AND AGREES THAT: All dimensions and floor plans are approximate, and all specifications, materials, features, finishes, equipment, and product selections are subject to change by Seller without prior notice pursuant to the Purchase and Sale Agreement. Certain materials, features, finishes, equipment and products may appear on the Floor Plans or Elevations for one townhome model type but not on other townhome model types; thus, these Construction Specifications are intended to include all such materials, finishes, equipment and products that Seller presently intends to use with the Project, but not necessarily on the Community Facility. Exterlor paint color combinations will be determined by Seller, it its discretion based on appropriateness to the Elevations and location of the Community - Facility in relation to adjacent townhomes and /or townhome buildings. txterior features, such as landscaping materials, walls, trellises, amenities, fencing, gates, railings, light fixtures, and the colors, finishes and textures of such items, shown on any promotional materials may not be accurate representations of the improvements to be installed or constructed by Seller, and Seller is not bound by any such representations. Certain design features shown in the Floor Plans and /or Elevations j are based on architectural software, such that certain design features, including, without limitation, exterior doors, windows, entry gates, balcony posts and railings, decorative shutters, garage doors, i brick and stucco fagades, light fixtures, fencing, and roof materials may not be accurate representations of the items or materials to be bound by any such representations in the Floor Plans or Elevations. Only those items stated in these Specifications will be included in the Community Facility, subject to the provisions of the Purchase. and Sale Agreement. The glass in the windows and doors are impact- resistant, according to the manufacturer. Seiler makes no representation as to the resistance qualities or capabilities of the glass windows or doors in the case of a major weather event. r EXHIBIT "D" DISCLOSURE SUMMARY FOR CANNERY ROW HOMEOWNERS ASSOCIATION IF THE DISCLOSURE SUMMARY REQUIRED BY CHAPTER 720, FLORIDA STATUTES, HAS NOT BEEN PROVIDED TO THE PROSPECTIVE PURCHASER BEFORE EXECUTING THIS CONTRACT FOR SALE, THIS CONTRACT IS VOIDABLE BY BUYER BY DELIVERING TO SELLER OR SELLER'S AGENT OR REPRESENTATIVE WRITTEN NOTICE OF THE BUYER'S INTENTION TO CANCEL WITHIN 3 DAYS AFTER RECEIPT OF THE DISCLOSURE SUMMARY OR PRIOR TO CLOSING, WHICHEVER OCCURS FIRST. ANY PURPORTED WAIVER OF THIS VOIDABILITY RIGHT HAS NO EFFECT. BUYER'S RIGHT TO VOID THIS CONTRACT SHALL TERMINATE AT CLOSING. BUYER SHOULD NOT EXECUTE THIS CONTRACT UNTIL BUYER HAS RECEIVED AND READ THIS DISCLOSURE. AS A BUYER OF PROPERTY IN THIS COMMUNITY, YOU WILL BE OBLIGATED TO BE A MEMBER OF A HOMEOWNERS' ASSOCIATION ( "ASSOCIATION "). THERE HAVE BEEN OR WILL BE RECORDED RESTRICTIVE COVENANTS ( "COVENANTS ") GOVERNING THE USE AND OCCUPANCY OF PROPERTIES IN THIS COMMUNITY. YOU WILL BE OBLIGATED TO PAY ASSESSMENTS TO THE ASSOCIATION. ASSESSMENTS MAY BE SUBJECT TO PERIODIC CHANGE. IF APPLICABLE, THE CURRENT AMOUNT IS $330.00 PER MONTH. YOU WILL ALSO BE OBLIGATED TO PAY ANY SPECIAL ASSESSMENTS IMPOSED BY THE ASSOCIATION. SUCH SPECIAL ASSESSMENTS MAY BE SUBJECT TO CHANGE. IFAPPLICABLE, THE CURRENT AMOUNT IS $0.00. YOU MAY BE OBLIGATED TO PAY SPECIAL ASSESSMENTS TO THE RESPECTIVE MUNICIPALITY, COUNTY, OR SPECIAL DISTRICT. ALL ASSESSMENTS ARE SUBJECT TO PERIODIC CHANGE. YOUR FAILURE TO PAY SPECIAL ASSESSMENTS OR ASSESSMENTS LEVIED BY A MANDATORY HOMEOWNERS' ASSOCIATION COULD RESULT IN A LIEN ON YOUR PROPERTY. THERE MAY BE AN OBLIGATION TO PAY RENT OR LAND USE FEES FOR RECREATIONAL OR OTHER COMMONLY USED FACILITIES AS AN OBLIGATION OF MEMBERSHIP IN THE HOMEOWNERS' ASSOCIATION. IF APPLICABLE, THE CURRENT AMOUNT IS $ 0.00. 23 r, 4'. THE DEVELOPER MAY HAVE THE RIGHT TO AMEND THE RESTRICTIVE COVENANTS WITHOUT THE APPROVAL OF THE ASSOCIATION MEMBERSHIP OR THE APPROVAL OF THE PARCEL OWNERS. THE STATEMENTS CONTAINED IN THIS DISCLOSURE FORM ARE ONLY SUMMARY IN NATURE, AND, AS A PROSPECTIVE PURCHASER, YOU SHOULD REFER TO THE COVENANTS AND THE ASSOCIATION GOVERNING DOCUMENTS BEFORE PURCHASING PROPERTY. THESE DOCUMENTS ARE EITHER MATTERS OF PUBLIC RECORD AND CAN BE OBTAINED FROM THE RECORD OFFICE IN THE COUNTY WHERE THE PROPERTY IS LOCATED. OR ARE NOT RECORDED AND CAN BE OBTAINED FROM THE DEVELOPER 24 11TY OF DELRAY BEREH F I . .BEACH I. CITY CLERK F V • O - All- Amed=Clty 1993 CERTIFICATION 2001 I, CHEVELLE D. NUBIN, City Clerk of the City of Delray Beach, do hereby certify that the attached document is a true and correct copy of Resolution No. 39 -07, as the same was passed and adopted by the Delray Beach City Commission in regular session on the 24th day of July, 2007. IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of the City of Delray Beach, Florida, on this the 26th day of July, 2007. Chevelle D. Nubin City Clerk City of Delray Beach, Florida de r' A.0 rl,:::',�,y,:. , . i" : T,� IF EFFORT ALWAYS MA-r -R<1' RESOLUTION NO. 39 -07 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 Seller hereinafter named desires to sell the property hereinafter described to the City of Delray Beach Florida, for community facility or park purposes; 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 Cannery Row, LLC, as Seller, for a purchase price not to exceed Five Hundred Thirty Thousand and 00 /100 Dollars ($530,000.00), and other good and valuable consideration; said parcel with structure being more particularly described as follows: Lot 12, CANNERY ROW, according to the Plat thereof recorded in Plat Book 109, Page 133, Public Records of Palm Beach County Florida or the City Commission of the City of Delray Beach, Florida, as Buyer, hereby agrees to purchase from Cannery Row, LLC, as Seller, for a purchase price of Two Hundred Thousand and 00/100 Dollars ($200,000.00), and other good and valuable consideration; said parcel, without a structure, being more particularly described as follows: Lot 12, CANNERY ROW, according to the Plat thereof recorded in Plat Book 109, Page 133, Public Records of Palm Beach County Florida or the City Commission of the City of Delray Beach, Florida may terminate the purchase and sale agreement without purchasing any property. 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 Seiler as hereinabove named are incorporated herein as Exhibit "A ". PASSED AND ADOPTED in regular session on this 24± day of,JWy, 2007. ATTEST: City Clerk MAYOR 2 RES. NO. 39-07 Memorandum To: Brian Shutt, Assistant City Attorney CC: File From: Lanelda Gaskins, Executive Assistant/Agenda Coordinator 4SA-1 Date: 7/27/2007 Re: Purchase and Sale Agreement/Cannery Row, LLC Attached please find two (2) partially executed original of the Purchase and Sale Agreements between the City and Cannery Row, LLC, a long with two (2) certified copies of Resolution No. 39 -07. This agreement and Resolution No. 39- 07 was approved at the July 24, 2007 Regular Commission Meeting. Please have the agreements executed by Cannery Row, LLC and return one fully executed original agreement to the City Clerk's Office. Please call me at 243 -7059 if you have any questions. Thank you. LG /Ig Attachment ERNEST G. SIMON DAVID W. SCHMIDT Ms. Lanelda Gaskins City of Delray Beach 100 NW I" Avenue Delray Beach, Florida 33444 SIMON AND SCHMIDT ATTORNEYS AT LAW 140 NORTHEAST FOURTH AVENUE, SUITE A DELRAY BEACH, FLORIDA 33483 TELEPHONE (561) 278 -2601 FAX (561) 265 -0286 August 13, 2007 Re: Cannery Row Purchase and Sale Agreement My File No. 7479 Dear Ms. Gaskins: Enclosed please find an original fully executed copy of this contract. Sincerely yours, David W. Schmidt cc: Mr. Cary Glickstein Brian Shutt, Esq. "f GvNED AuS 17 low CCV CEO' WEST PALM BEACH (561) 737 -6222 RECEIVED AUG I `' 2007 CITY CLERK Page 1 of 1 Gaskins, Lanelda From: Gaskins, Lanelda Sent: Monday, August 13, 2007 3:04 PM To: Shutt, Brian Cc: Walinski, Milena Subject: Executed Agreement/Cannery Row, LLC Purchase and Sale Agreement Attachments: Cannery Row, LLC Purchase and Sale Agreement.pdf Tracking: Recipient Dellvery Shutt, Brian Delivered: 8/13/2007 3:04 PM Walinski, Milena Delivered: 8/1312007 3:04 PM For your records and disbursement, attached please find a fully executed copy of the Purchase and Sale Agreement between the City and Cannery Row, LLC, which was approved at the July 24, 2007 Regular Commission Meeting. The original agreement will be maintained in the City Clerk's Office and a copy has been sent to Milena Walinski in the Finance Department. Please call me at 243 -7059 if you have any questions. Thank you. LGilg Attachment 8/13/2007