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11-18-14 Regular Meeting Agenda City of Delray Beach • Regular Commission Meeting Tuesday, November 18, 2014 Regular Meeting 6:00 p.m. Public Hearings 7:00 p.m. Delray Beach City Hall RULES FOR PUBLIC PARTICIPATION 1. PUBLIC COMMENT: City Commission meetings are business meetings and the right to limit discussion rests with the Commission. Generally, remarks by an individual will be limited to three minutes or less. The Mayor, presiding officer or a consensus of the City Commission has discretion to adjust the amount of time allocated. Public comment shall be allowed as follows: A. Comments and Inquiries on Non-Agenda and Agenda Items (excluding public hearing or quasi-judicial hearing items) from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. B. Public Hearings/Quasi-Judicial Hearings: Any citizen is entitled to speak on items under these sections at the time these items are heard by the Commission. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address the Commission should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign-in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. The City will furnish auxiliary aids and services to afford an individual with a disability an opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Contact the City Manager at 243-7010, 24 hours prior to the event in order for the City to accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers. 100 N.W. 1st Avenue Delray Beach, FL 33444 Phone: (561) 243-7000-Fax: (561) 243-3774 www.mydelraybeach.com REGULAR MEETING AGENDA 1. ROLL CALL 2. INVOCATION 3. PLEDGE OF ALLEGIANCE TO THE FLAG 4. APPROVAL OF MINUTES: A. NONE 5. PRESENTATIONS: A. Spotlight on Education Presentation 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. FIRST AMENDMENT TO AN INTERLOCAL AGREEMENT/PALM BEACH COUNTY: DIGITAL DIVIDE PROGRAM: Approve an Amendment to an Interlocal Agreement between the City and Palm Beach County for shared information technology services as part of the Digital Divide Program. B. ADVANCED APPROVAL FOR FY 2015 SPENDING GREATER THAN $25,000.00/ACE HARDWARE: Approval for FY 2015 spending with Ace Hardware in an amount not to exceed $50,000.00 for small tools and hardware items. This is in compliance with the Code of Ordinances, Chapter 36, Section 36.03(B), "Multiple Acquisitions from Vendor Exceeding $25,000.00 in Any Fiscal Year. C. ADVANCED APPROVAL FOR FY 2015 SPENDING GREATER THAN $25,000.00/BOCA SMALL ENGINES, INC.: Approval for FY 2015 spending with Boca Small Enjjines, Inc. in an amount not to exceed $50,000.00 for purchases of lawn maintenance equipment and repair kits. This is in compliance with the Code of Ordinances, Chapter 36, Section 36.03(B), "Multiple Acquisitions from Vendor Exceeding $25,000.00 in Any Fiscal Year. Funding is available from multiple departmental budgets. D. ADVANCED APPROVAL FOR FY 2015 SPENDING GREATER THAN $25,000.00/110ME DEPOT: Approval for FY 2015 spending with Home Depot in an amount not to exceed $150,000.00 for the purchase of replacement tools and supplies. This is in compliance with the Code of Ordinances, Chapter 36, Section 36.03(B), "Multiple Acquisitions from Vendor Exceeding $25,000.00 in Any Fiscal Year". E. ADVANCED APPROVAL FOR FY 2015 SPENDING GREATER THAN $25,000.00/PFM ASSET MANAGEMENT, LLC.: Approval for FY 2015 spendinji with PFM Asset Management, LLC. in an amount not to exceed $50,000.00 for investment research and supervision of the City's investable funds. This is in compliance with the Code of Ordinances, Chapter 36, Section 36.03(B), "Multiple Acquisitions from Vendor Exceeding $25,000.00 in Any Fiscal Year". F. APPROVAL FOR FY 2015 SPENDING GREATER THAN $25,000.00/SULLIVAN ELECTRIC AND PUMP, INC.: Approval for FY 2015 spending with Sullivan Electric and Pump, Inc. in an amount not to exceed $85,000.00 for the repairs, rehabilitation, and parts related to submersible wastewater pumps for sewage Lift Stations. This is in compliance with the Code of Ordinances, Chapter 36, Section 36.03(B), "Multiple Acquisitions from Vendor Exceeding $25,000.00 in Any Fiscal Year". Funding is available from 441-5144-536-46.20 (Water & Sewer Fund: Repair & Maintenance Service/Equipment Maintenance). G. RESOLUTION NO. 58-14/BUDGET AMENDMENT: Approve Resolution No. 58-14; amending Resolution No. 44-13 adopted September 17, 2013, which made appropriations of sums of money for all necessary expenditures of the City of Delray Beach for the FY 2013/2014, by setting forth the anticipated revenues and expenditures for the operating funds of the City for FY 2013/2014. H. EMERGENCY SERVICES AGREEMENT/PALM BEACH COUNTY FIRE RESCUE: Approve the Emergency Services Agreement between the City and Palm Beach County Fire Rescue for Mutual Assistance, Automatic Aid, and Dispatch Services. I. INTERLOCAL AGREEMENT/PALM BEACH COUNTY; P25 MIGRATION PROJECT: Approve an Interlocal Agreement between the City and Palm Beach County including consultant costs for professional services related to the migration of the City's communications system to Project 25 (P25 Migration) in the amount of $35,859.85 with an additional $20,000.00 if the tower structural modifications or antenna changes are needed. Funding is available from 001-2111-521-34.90 (General Fund: Other Contractual Service). J. LICENSE AGREEMENT/PALM BEACH COUNTY SPORTS COMMISSION: Approve a revocable License Agreement between the City and Palm Beach County Sports Commission for the Seacrest Soccer Complex for the NAIA Men's National Soccer Championships from December 1 - 6, 2014. K. ADVANCED APPROVAL FOR FY 2015 SPENDING GREATER THAN $25,000.00/PUBLIC FINANCIAL MANAGEMENT, INC.: Approval for FY 2015 spending with Public Financial Management, Inc. in an amount not to exceed $50,000.00 for financial planning, policy development, and services related to debt issuance. This is in compliance with the Code of Ordinances, Chapter 36, Section 36.03(B), "Multiple Acquisitions from Vendor Exceedinjj $25,000.00 in Any Fiscal Year". L. PROCLAMATIONS: 1. None M.REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period October 27, 2014 through November 7, 2014. N. AWARD OF BIDS AND CONTRACTS 1. Bid award to J.W. Cheatham, LLC. (Bid No. 2014-32) in the amount of $240,308.00 for the annual Street Resurfacing Project 2013-44. This is in compliance with the Code of Ordinances, Chapter 36, Section 36.02(A), "Sealed Competitive Method". Funding is available from 334-3162-541-61.17 (,General Construction Fund/Streets, Alleys, Sidewalks) and 001-3113-541-53.10 (General Fund/Street Maintenance). 2. Contract award to Special Products Group, Inc. through the City of Melbourne Contract #08-096-0-2011 at a cost not to exceed $66,150.00 for uniform and equipment procurement for Fire-Rescue Department personnel. The recommendation for award is in compliance with the Code of Ordinances, Chapter 36, Section 36.02(C)(7)(c), "Utilization of Other Governmental Entities' Contracts". Funding is available from 001-2311-522-52.22 (General Fund: Uniform Linen Service), 001-2313-522-52.22 (General Fund: Operating Supplies Equipment/Uniforms/Linen Service), 001-2115-521-52.22 (General Fund: Uniform Linen Service), and 001-2115-521-52.27 (General Fund: Operating Supplies Equipment<$1,000.00). 9. REGULAR AGENDA: A. NOMINATION FOR APPOINTMENT TO DOWNTOWN DEVELOPMENT AUTHORITY: Nomination for appointment of one (1) regular member to the Downtown Development Authority to serve an unexpired term ending July 1, 2017. Based on the rotation system, the nomination for appointment will be made by Commissioner Petrolia (Seat#2). 10. PUBLIC HEARINGS: A. ORDINANCE NO. 34-14 (SECOND READING): Consider an amendment to Chapter 32, "Departments, Boards and Commissions", of the Code of Ordinances; amending the rules for removal for members of City boards; amending Section 32.15, "Definitions", amending Section 32.17, "Grounds for Removal"; and by repealing Section 32.19, "Vote Necessary for Removal" in its entirety. B. ORDINANCE NO. 33-14 (SECOND READING/SECOND PUBLIC HEARING): Imposing a temporary moratorium on the operation of medical marijuana treatment centers and dispensing organizations within the city for a period of one (1) year. (The City Attorney will request this item be withdrawn from the agenda as a result of the failure to approve the Amendment #2, Medical Marijuana Referendum, on November 4, 2014.) C. ORDINANCE NO. 29-14 (FIRST READING/FIRST PUBLIC HEARING): Consider a city-initiated amendment to the Land Development Regulations of the Cites Delray Beach; repealing and replacing Section 4.4.13, "Central Business District (CBD)", with new zoning regulations. If passed, a second public hearing will be held on December 2, 2014. D. ORDINANCE NO. 30-14 (FIRST READING/FIRST PUBLIC HEARING): Consider a city-initiated amendment to the Land Development Regulations of the City of Delray Beach; amending Article 4.4 "Table of Contents"; amending Section 2.2.3(D), "Site Plan Review And Appearance Board"; amending Section 2.4.5(F), "Site And Development and Master Development Plans (MDP)"; amending Section 2.4.6(F), "Temporary Parking Lots"; amending Section 4.1.1(A), "Base Zoning Districts"; amending Section 4.3.3(I), "Community Residential Homes And Group Homes"; amending Section 4.3.3(S), "Antennas Not Located on Telecommunications Towers"; amending Section 4.3.4(j), "Height"; amending Section 4.3.4(K), "Development Standards Matrix"; repealing Section 4.4.28, "Central Business District — Railroad Corridor (CBD-RC)"; amending Section 4.6.4(A), "Commercial Zoning Adjacent to Residential Zoning or Zoning Districts With a Thirty-Five (35) Foot Height Limitation"; amending Section 4.6.9(C)(1), `Bicycle Parking"; amending Section 4.6.9 (E)(3), "Location of Parking Spaces, In-Lieu Fee"; amending Section 4.6.9(E)(4), "Public Parking Fee"; amending Section 4.6.16(H)(4), "Foundation Landscaping Requirements"; amending Section 4.6.16(H)(5), "Special Landscape Regulations for Properties Within The Central Business District (CBD)"; amending Section 4.6.18 (B), "Buildings Within The Downtown Area"; amending Section 6.3.3(F), "Regulations Governing The Use, Design, and Maintenance of A Sidewalk Cafe"; and amending Appendix A, "Definitions". If passed, a second public hearing will be held on December 2, 2014. E. ORDINANCE NO. 31-14 (FIRST READING/FIRST PUBLIC HEARING): City- initiated rezoning of properties zoned CBD-RC (Central Business District- Railroad Corridor) to CBD (Central Business District) for two areas, with the north area generally located between N.E. 4th Street and N.E. 211d Street and extending from the north-south alley west of N.E. 3rd Avenue to the east of the FEC Railway; and, the south area generally located between S.E. 211d Street and S.E. 7th Street, east of and west of the FEC Railway. If passed, a second public hearing will be held on December 2, 2014. 11. FIRST READINGS: A. NONE 12. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS: A. City Manager B. City Attorney C. City Commission w MEMORANDUM W TO: Mayor and City Commissioners FROM: Community Improvement THROUGH: Terry Stewart, Interim City Manager DATE: October 29, 2014 SUBJECT: AGENDA ITEM 5.A.-REGULAR COMMISSION MEETING OF NOVEMBER 18,2014 SPOTLIGHT ON EDUCATION PRESENTATION BACKGROUND Dr. Anthony Lockhart, Principal of Atlantic Community High School, will be our guest speaker under the Spotlight on Education. While he will be speaking on various topics, one of the items will involve the ground-breaking ceremony for the Construction Academy's Eagles Nest 3 home that has been tentatively scheduled for Thursday, December 11, 2014. r MEMORANDUM r A.. TO: Mayor and City Commissioners FROM: Community Improvement THROUGH: Terry Stewart, Interim City Manager DATE: October 22, 2014 SUBJECT: AGENDA ITEM 8.A.-REGULAR COMMISSION MEETING OF NOVEMBER 18,2014 FIRST AMENDMENT TO AN INTERLOCAL AGREEMENT/PALM BEACH COUNTY: DIGITAL DIVIDE PROGRAM BACKGROUND The City of Delray Beach entered into an Interlocal Agreement with Palm Beach County for information technology services on March 12,2013. The agreement allows for joint use of IT assets and establishes policies for its use by each organization as it relates to the collaborative partnership established for the Digital Divide Program in Delray Beach. The Interlocal Agreement delineates services,roles and responsibilities of the Information Systems Services (ISS)Department at the County and the City. It provides for the location of WiFi antenna locations on FPL streetlights and placement of an antenna on the City's communications tower located at the Police Department. The County is now requesting an Amendment to the existing agreement to modify the County's access to the tower to move the approved height of their equipment from approximately 65' to approximately 120'. The County is responsible for all costs incurred to install and replace the equipment. The amendment also includes amendments that have been made to some of the sections to use current contract standards language. FINANCIAL DEPARTMENT REVIEW There are no changes being made to previous financial commitments. DISCUSSION Consideration to approve an Amendment to an Interlocal Agreement between the City of Delray Beach and Palm Beach County for shared IT Services as it relates to the Digital Divide Program. OPERATING COST There are no costs associated with this agreement. TIMING OF THE REQUEST There is no time-sensitivity to this agreement. RECOMMENDATION City Commission to approve by motion the Amendment to the Interlocal Agreement for shared information technology services as part of the Digital Divide Program. FIRST AMENDMENT To the Interlocal Agreement with the City of Delray Beach (R2o13-03o8) THIS AMENDMENT is made and entered into 2014,by and between the City of Delray Beach ("Municipality") and Palm Beach County("County"), a political subdivision of the State of Florida. WHEREAS,the parties have entered into that certain Interlocal Agreement R2013- 03o8 dated March 12, 2013 hereinafter referred to as the"Agreement",under which the County provided connectivity to the Palm Beach County Network as stated in that Agreement,to the Municipality. The County and the Municipality wish to amend that Agreement. WHEREAS,the parties agree to amend the Agreement as follows: Item #1: Agreement, Section 7: Indemnification and Hold Harmless. Replace entire section with the following: The Municipality and the County recognize their respective liability for certain tortious acts of its agents, officers, employees, and invitees, and agree to be responsible, respectively,for all claims,liability,losses, and/or causes of action that may arise from any negligent act or omission due to the acts of its agents, servants, or employees. Such liability is subject to the provisions of law, including the limits included in Section 768.28, Florida Statutes,which sets forth the partial waiver of sovereign immunity to which governmental entities are subject. It is expressly understood that this provision shall not be construed as a waiver of any right or defense that the parties have under Section 768.28 or any other statute. The parties to this Agreement acknowledge the potential of unlawful hacking to gain surreptitious access into confidential systems. The County has deployed reasonable steps and safeguards as part of a Network security program,but these systems may not be able to defeat every attempt to gain unlawful access to applications or data. Each party is responsible for protecting its own applications, databases, and servers. Each party however shall review each other's security procedures and notify each other with reasonable promptness of concerns or issues regarding the same. Item #2: Agreement, Section 8: Insurance. Replace entire section with the following: Insurance requirements are identified by the services obtained and are included in the Exhibit(s). Item #3: Agreement, Section 18: Nondiscrimination. Replace entire section with the following: Both parties warrant and represent that all of its employees are treated equally during employment without regard to race, color,religion, disability, sex, age,national origin, ancestry, marital status, familial status, sexual orientation, gender identity and expression, or genetic information. Item #4: Agreement, Section 21: Regulations, Licensing Requirements. Add entire section with the following: Both parties shall comply with all laws, ordinances and regulations applicable to the services contemplated herein,to include those applicable to conflict of interest and collusion. The Municipality is presumed to be familiar with all federal, state and local laws, ordinances, codes and regulations that may in any way affect the services offered. Item #5: Exhibit A, Section K: Protocol for Reporting Network Service Problems. Replace the ISS Network Operations Center phone number with the following: 561-355-HELP (4357) Item #6: Exhibit A, Section Q: Insurance. Add entire section with the following: This section does not apply to Network Services. Item #7: Exhibit B. Replace first paragraph with the following: The purpose of this Exhibit is to identify the roles and responsibilities,to establish a problem resolution and escalation procedure, and to specify associated costs and payment requirements, of the County through its Information Systems Services (ISS) Department and the City of Delray Beach ("Municipality")regarding the placement and replacement of antenna(s) on the Municipalities communications tower located at its Police Department in order to support the Delray Beach Digital Divide project and any other qualifying and approved future requests within the City of Delray Beach. Item #8: Exhibit B, Section A: County and Municipality Responsibilities. Replace entire section with the following: i. The Municipality shall allow the County's ISS Department access to the tower, described in Appendix A, attached hereto,in order to place and replace similar or improved antenna(s), such as examples described in Appendix B, attached hereto, on the tower at an approximate height of 120 feet. 2. ISS shall install and replace the antenna(s) on the tower at no cost to the Municipality. The County shall pay for any and all maintenance and repair costs for the antenna(s), and the Municipality shall pay for the daily utility cost incurred by the antenna(s). 3. The County agrees that it shall immediately cease operations of its antenna(s) if the Municipality, at its sole discretion,requests the County to do so due to interference issues with the Municipality's network or interference with any other network where the provider is already located on the tower. Item #9: Exhibit B,Appendix B:Antenna Specifications. Replace entire section with the following: APPENDIX B Example Model:AM-V5G-Ti ae�aakee.�.,mn t»rd. nl«mrigtug3 a�eaeGna L arc a, aou�raw.rtiq l Il y f RodAZvpq La�Relnxe Lxs mgG✓9 Frmt Bark Dimensions 721 x 149.1 x 7S.7 mm Weight 3.72 kg(with Brackets) Frequency Range SAS-S.SS GHz Beamwidth Angles 60'/90'/120' Gain(Beamvadth Dependent) 21 dBi @ 60' 20d8i @90' 19 d8i @ 120' Elevation Beamwidth 4' Electrical Downtih 2' Wind Survivability 12S mph Wind Loading 371bs @ 120 mph Polarization Dual Linear Cross-Pol Isolation 2S dB Typical Front-to-Back Ratio 30 dB Typical Max.VSWR 15:1 RF Connectors 2 RP-SMA Connectors(Weatherproof) Compatible Radios RocketMS Titanium RocketMS GPS RocketMS Mounting Pole Mount(Kit Included) ETSI Speafication EN 302 326 DN2 Certifications CE FCC,IC Item #9 (continued): Example Model: R5AC-Lite Specifications Dimemims 162 a 84 x 37..(636,331 x 1.467 N MWv..5150-5875 MHz 7TX I1�Y USA:5725-5850MHz Weight 2509(8.8744) NOB. Enclosure Clmracteris. Outd—W Snawkzed Plastic P—t 5pta8cadi R%P4wer Spe dhatbns PraessM MIP—c M40uWtion Data Rate Ar T Tolerable M—labon Data Nate Senanowty Toler— Memory 128 MB DDR25DNAK 16 MBNOR FLASH 6-24 Mbps 27 dBm .208 6-24Mbps -94dBm Min. .2dB Netvmrkirg lntedae ID 1N10d1000 Mbps 36Mbps 270Bm .2dB 36 Mbps -80 dB. .2® RF COme<dons ID NP-SMA(Ylareryroof) 48 Mbps 26 dBm .2dB Q 48Mbps -7]08. .2dB ZEDS P—,,Ethemer.141 Signal Strength 54 MbP1 25 tlBm .2dB 54 Mbps -75 dB. .2dB MCSO 27 dBm .2dB MCSO -96dBin :2dB Mas.POwerfnnsumpdm BSW AKSI 27 dD. .20 MCSI -95 dO. .2® Poorer 6uPpY 24V,d5A C+gaGt POE Adapter MC52 27 E1km .2dB MCS2 -92 dBm .2dB Power Method Passive PoE(Pairs 4,5.;7,8 Return! 1 2 Bm .2 d8 MCS3 -90dBrn .2dB ESD/EMPNotecoon .241(VAir1Cmtac1 MC54 27 d. z20B MC54 486,15. .2dB Operating Temperature JOm 80C(40ro 176'F) � - MCSS 27 On, .2de $ MCSS A3d8m .2418 Operating Humitliry Sm95%NOncoMensing MC56 2606. :2dB MC56 ]]d&n .2dB Steak and Vibration EISOOD-0194A MCS7 25 EBm .2dB MCS7 -74dBm .2® MC58 23d .2d8 MC58 5908. .2dB Modes Access point,Station MC59 22 dBm .2dB MC59 .6508. .2dB S-1- Nab Se ,,SNMP,SSH Serve Telnet,Ping M/a hdo!L DHCP,NAT,Bddgka Routing U.N. Arnemsa Alignment Tod,Discovery Ublity,Ske SUrvey,Ping TraerM,Speed Te�. x x DisOnce Adust.ent Dynank Ack WA.ckkss M— I Powers Adjusment Software Adj,s UI WCU Security WA2AESOnfy Qo5 Supports Packalevd Classi--W IaWU-Clrsto.er Ue H,gWM-um2ow Statistical Reporting UPTIM Packet Errors,Data Races,NLeless Oismnm Me—link Rate _I Other Remote Reset Support,Soft—EnaWdO WOIeq VLAN Support 256QAM, 20/40/50/60180 MH Cham VAdN Support -. Ubquiti SpedBC Feaves 50 MHz Channehsair Mode,Traffic Shaping wqh BUSt SSSOpw DiscovM Protocol,Frequent•Bart Offset,Addens MDde Wi 0—Approvals FCC,IC Rd1S Compiiame Ves All other provisions of the aforementioned Agreement, as amended, are hereby confirmed and, except as provided herein, are not otherwise altered or amended and shall remain in full force and effect. (The remainder of this page intentionally left blank.) IN WITNESS WHEREOF, the parties, by and through their duly authorized agents, have hereunto set their hands and seals on the date indicated above. ATTEST: Palm Beach County, By Its Sharon R. Bock, Clerk&Comptroller Board of County Commissioners By: — By: — — Deputy Clerk , Mayor (SEAL) APPROVED AS TO FORM AND APPROVED AS TO TERMS AND LEGAL SUFFICIENCY CONDITIONS By: — — By: — County Attorney Steve Bordelon, Director, ISS City of Delray Beach ATTEST: By: — — By: — Chevelle D. Nubin, City Clerk Cary Glickstein, Mayor (SEAL) APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: _ Noel M. Pfeffer, City Attorney Agreement unth Patin Beach County and the City of nebuy Beach Re:Palm.Beach County M sere ees Interloc " fTent U3 08 This Interlocal Agreement("Agreement")for information technology("rr)services is entered into this day of 2013,by and between the City of Delray Beach ("Municipality")and Palm Beach County("County")a political subdivision of the State of Florida.This Agreement rescinds existing Interlocal Agreements R2010-W6,dated 9/14/2010 and R2008-1796,dated 10/07/2008. WITNESSES THAT: WHEREAS,Section 163.ox,Florida Statutes,known as the"Florida Interlocal Cooperation Act of x969,"authorizes local governments to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and f4alties that will harmonize geographic,economic,population and other factors influencing the needs and development of local communities;and WHEREAS, Part I of Chapter 163,Florida Statutes,permits public agencies as defined herein to enter into Agreements with each other to jointly exercise any power,privilege,or authority which such agencies share in common and which each might exercise separately; and WHEREAS,the Municipality and the County have recognized the need for the Municipality to obtain IT services('Tr)for the purpose of gaining access to IT resources at a cost savings due to the ability of Palm Beach County to leverage its resources for the greater good of citizen's of Palm Beach County,the State of Florida,and any public sector organization that can benefit from these services;and WHEREAS,in recognizing these facts,the Municipality and the County desire to enter into such an agreement which provides for the joint use of such IT assets and establishes policies for its use by each organization. NOW,THEREFORE,in consideration of the mutual covenants herein contained and for other good and valuable consideration,the parties do mutually agree as follows: Page 1 of 7 Agree amt Faith rbZm Brack omits a d gm CjIs qrDebWDWCh lien P61M Beach 00""V Mserai&M Section it kuM The purpose of this Agreement is to provide IT services to the Munk ipa ly for the purposes described in the attached Exhibits A,S,and C. Section 2 The County approves of the Municipality's participation in the use of the CounWr IT resources and any other services as;specified in the attached Exhibit A,13,and C. Section 3 Egbhhfi The attached Exhibit A,B and C made a part hereof,delineate the services to be provided to the Municipality by the County through its Information Systems Services(1SS)Depar metnt,identify the roles and responsibilities of ISS and the Municipality in this regard,and set forth an issue communication,escalation and resolutions process,as well as methodologies for bMing and paying the quarterly service charges for IT services. Section 4 Terms The term of this Agreement including `bit A,B,and C,unless terminated as provided herein, is for a period of one(1)year. This Agreement and Exhibit A,B,and C shall automatically be renewed annually unless either paM gives written notice oftermination as provided for in Section 6 herein. The effcekiv a date is the date of approval by the Board of County Commissioners. Section 5 Resale of 11 Services The Municipality shall not share or resell any portion of the Coun4,'s 1T Infrastructure or Services in any manner not approved of in this Agreement or without explicit written consent from palm Beach County,Which consent shall not be unrt+mnabl r withheld. Section 6 T_COWnatign-for =den= Either party may terminate its participation in this Agreement upon 6o days written notice to the other party. Notwithstanding the foregoing,each party shall endeavor to provide the other Page 2 of 7 i .1 Agrmnent wfth rohn Aaa h CO+nM and the Cft ODd,,V Beach. leer Pahn Beach CbwaW NS,STsrWv= Party with as much advance notice as practicable if it contemplates that it might desire to terminate this Agreement,so as to allow the non-terminating party the mmimum amount of time to make alternative plans to replace the lost services/revenue. In such event,the terminating party shall pay all stns due through the effective date of the termination. Section 7 The Municipality and the County recognize their respective liability for certain tortious acts of its agents,officers,employees,-and invitees,and agree to be responsible,respectively,for all Claims,liability,lasses,and/or causes of action that may arise from any negligent act or omission due to the acts of its agents,servants,or employees. Such liability is subject to the provisions of law,includiAg the limits included in SCQdOn 768.28,Florida Statutes,which sets forth the partial waiver of sovereign immunity to v4iiich governmental entities are subject It is expressly understood that this provision shall not be construed as a waiver of any right or defense that the parties have under Section 768.28 or any other statute. Section S r t without waiving the right to sovereign immunity as provided by Section 768.28,Florida Statutes,the Munic1pa3ity_ae1n =edges to be self-insured for General Liability and Automobile Liability under Florida sovereign immunity statutes with coverage limits of$200,000 Per Person and$Soo,000 Per Occurrence;or such monetary waiver limits that may change and be set forth by the legislature. In the event the Municipality maintains third party CommercMI General Liability and Business Auto Liability in lien of exdluish a reliance of self-insurance under Section 768.28,Florida Statutes,the Municipality shall agree to maintein said insurance paMes at limits not less than $600,000 combined single limit for bodily injury or property damage The Municipality agrees to maintain or to be self-insured for Worker's Compensation& Employer's Liability insurance in accordance with Chapter 440,Florida Statutes. When requested,the Municipality shall agree to provide an affidavit or Certificate of Insurance evidencing insurance,self-insurance and/or so mmign immunity status,which the County agrees to recognize as acceptable for the above mentioned coverage. Page 3 of 7 ' � 1 AffnAwm t with Palm 1Be&&Comely and rice Cti jV vj'Deb gVjreach Rat PuhnNe eAO untgIS Bwwkw Compliance with the foregoing requirements shall not relieve the Municipality of its liability and obligations under this Agreement. Section 9 Caused by Discs ten Should the Cm mty's IT infrastructure be damaged or destroyed by a natural or man-made event to the extent that the cost to repair or replace these sm icuses becomes economically unfeasible, this Agreement is automatically terminated at the sole discretion of the County,unless the governing bodies of both the Municipality and County authorize its continuation and associated funding to repair or restore the affected area(s). Section io Mg{,ellaneous No provision in this Agreement shall provide to any person not a party to this Agreement any remedy,claim,or cause of action,or create any third party beneficiary rights against either party. In the event that any one or more of the provisions in this Agreement shall for any reason be held to have no force and effect,this Agreemmt shall,Vpossible,be interpreted in a manner so as to effectuate the intention of the parties. Provisions contained in this Agreement that by their sense and context,are intended to sun ive the suspension or termination of this Agreement shall so survive. All disputes related to this Agreement shall in the first instance be referred to the appropriate executives of each party for resolution Section u. 9tic Any notice,request,instruction,demand,consent,or other communication required or permitted to be given under this Agreement shall be in writing and shall be delivered either by band or by certified mail,postage prepaid,and certified return receipt requested to the following addresses or such other addresses as the parties may provide to each other in writing: To: The City of Delray Beach David T.Harden,City Manager loo N.W.1st Avenue Delray Beach,n 33444 (561)243-7o1,5 With a copy to: R Brian Shutt,Esq.,City Attorney Zoo N.W.ifftAvenue Delray Beach,FIL &c( (s6l)243-7091 Page 4 Of 7 Agreement udth Pkdm Beni-A Cbunry and the My gfDeba y BeaM Aff PahmSOMACoenuyaSServacm To. COUNTY- Robert Weisman,County Administrator c/o Steve Bordelon,Information Systems Services Director Palm Beach County Board of County Commissioners Sox N.alive Avenue, a floor West Palm Beach,FL 334oi Telephone: 561-SM-2394 With a copy to: County Attorney's Office Palm Beach County Board of County Comn"oners 301 N.Olhm Avenue,Suite 6 o 1 West Palm Beach,FL 334oi Telephone: 561-36!i-2225 Section its: This Agreement represents the entire agreement between the Municipality and the County and supersedes all prior agreements or representations,whether writ m or oral,with respect to the subject matter hereof: No provision of this Agreement may be changed or amended except by written agreement signed by both parties. This Agreement shall be binding upon the Municipality and the County and their respective successors and assigns. Section t$ ri]lug This Agreement shall be filed with the Palm Beach County Clerk&comptrollees office. Section 14 Pa This Agreement shall not be construed against the party who drafted the same as all parties to this Agreement have participated in drafting the same. Section i5 Venue for D101=ge BQhIdM This Agreement shall be construed in accordance with the laws of the State of Florida. Should any litigation arise from this Agreement,venue shall he in Palm Beach County,Florida. Section 16 BindW&AgM This Agreement is binding upon the parties hereto,their heirs,successors,and assigns. Page 5 of 7 i Aqreementwith rblm Beach cuunV and the City ofAsSwV h lie:Rahn Beach Camty m sse mkow Section 17 SWCCI#o l ndino Each party's performance and obligations for subsequent fiscal years are contingent upon annuai'appropriations for its purpose. Section iS NjondjRCdndngLLM Bath parties warrant and represent that all of its employees are treated equally during employment without regard to race,color,religion,disability,sex,age,national origin,ancestry, marital status,f amlial status,sexual orientation,gender identity and expression. Section Yg The Municipality shall maintain adequate records to jw*all charges,expenses,and costs incurred in estimating and performing any work under this Agreement for at least three(3) Years after completion or termination of thus Agreement. The County shall have access to such books,records,and documents as required in this section for the purpose of inspection or audit during normal business hours,at the Municipality's place of business. Section so Inspector General. Palm Beach County has established the Office of the inspector General in palm Beach County Code,Section 2-421—2-440,as may be amended. The Inspector General's authority includes but is not limited to the power to review past,present and proposed County contracts/agreemen%transactions,accounts and records,to require the production of such records,and to audit,investigate,monitor,and inspect the activities of the Municipality,its officers,agents,employees,and lobbyists in order to ensure compliance with contract/agreement requirements and detect corraption and fraud. Failure to cooperate with the Inspector General or interference or i npedigg any mvestigation shall he in violation of Palm Beach County Code,Section 2-421—2-44o,and punished pursuant to Section 12$.69,Florida Statutes,in the same manner as a second degree misdemeanor. Page 6 of 7 l , Agmwt,i1L w"pa[m Be&e i.Cmmt$/RRd di,CjVjbfDbWBwA Rat a PabnBmwhcbmwjssser&&. ATTEST: R20 '13 U 3 0 8 tlAR 12 2013 "•w"•'"„" Palm Beach County,By lb Sharon R.� amptroller Board of County Com misdoners o (SEAL) APPROVED AS TO FORM AND APPROVED AS TO TERMS AND LEGAL SUFmcmNCY CONDITIONS . County Atto Steve Bordelon,Direetar,ISS The City of Delray Beach ATTF -. By: �Chvv�elle By. . D. b MMC,City Qerk Thomas F. Carney, Jr., mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: R,Brian Shutt,Esq.,City Attorney Page 7 of 7 R Agrwnwnt nth PdmB=uh C mmW and the CUM grj)Wm y Beach Xv P WWment gfcm Ankyaw on the Ct O Xbwer FXHTRIT B PAIN BEACH CAUNW INIP`IIRMATICN SYSTEMS SERVICES(M) ANTENNA PLACTAIENT The purpose of this Exhibit is to identify the roles and responsibili es,including problem resolution and cost and payment requirements,of the County through its Information Systems Services(ISS)Department and the City of Delray Beach("Municipality)regarding the placement of an antenna on the Municipality's communications tower located at its Police Department in order to support the Delray Beach Digital Divide proJecL Section A: Cmmtv and MunigiMift RGUW=jhWjj= I. The Municipality shall aRow the County's ISS Department access to the wwer,desenbed in Appendix A,attached hereto,in order to place its antenna,described in Appendix B,attached hereto,on the tower at an approximate height of 65 feet P-. ISS shall install the antenna to the tower at no cost to the Municipality-The County shall pay for any and all maintenance and repair costa for the antenna,axLd the Municipality shell pay for the daily utility cost incurred by the antenna. g. The County agrees that it shall immediately cease operation of its antenna if the Municipality,at its sole discretion,requests the County to do so due to interference issues with the Municipality's network or interference with any other network where the provider is already located on the tower. Section B; Usue on Perim Beach Comity L�iS Palm Beach County 29x7 Network Services Help Desk:561-355-HELP(49,7). Michael Butler,Director of ISS Network Services: 56x-355-46oi(office) 561-722-o85o(cell) Phil Davidson,Deputy Director of ISS Operations: 561-355-3956(office) 561-7223349(c1) Steve Bordelon,Director of ISS: 561-355-2394(off) 561-386-6239(cell) Page i of 4 AyremwntuutkPalmBeach-Cbzmty and the My ofDaInWBeach Rer Ptaemeent o fWt Antenna an the Ckpia RmDer Mingdani t3' lees Name,Title: Ed Del Portillo,Project Manager/LAN Phone(office): (561)24,3-7147 Phone(cell): (661)315-4537 Name,Title: Guy BuzzeM,CIO Phone(offlce): (561)243-7i4g Phone(cell): (561)212-2307 Section C: The terms of this Exhibit shall apply to the communications tower located at the Municdpality's Police Department,300 West Atlantic Avenue,Delray Beach, Fl- Section D: Additional IT$=&view Upon request for assistance,the ISS Director may,at his/her discretion,permit staff resources to assist the Municipality in the execution of eerWn information technology responsibilities. These additional services can be requested by submitting a Task Order(Attachment x). These services are charged at the rate of$125/hour with a not-to-exceed oust of$50,000 per Task Order. These services may also require the purchase of additional resources,including but not limited to hardware and software. The Municipality is responsible for all associated costs for these additional resources. An estimate for each Task Order will be available upon request by the Municipality. The Municipality agrees to fully reimburse ISS for all costs associated with the rendering of ISS staff assistance and/or information technology resources. Page 2 of 4 Agremmt with PubnRem*tT mrdM M4 the[ftv qf Beach Ret Pl wsmentclanA*d&+na on the Chyle 7bUw APPENDIX A t � f I r. f { S i i all } Page 3 of 4 AyrOOM=f With Palm Gawk County and the City gfDc I Beach Bee Plocemmtq'anAatm=anAc firm ver APPENDIX S speacaluom ek ddad y aiflowbors irg L511 lot x"Vi"m psd'�rdori till it 21A it IMA tum- x x le-WFlo IS cfmu 11)wili 28 I LEM Page 4 of 4 Agrewnzntw1&Pabn Beach Cewdy and the City 4t'DebwV 8earA Re:P&V--tgfFPLF—JbrDkitidZq idePpMect EXHIB U L PALM BEACH COUNTY INFORMATION SYST MIS SERVICES(ISS) WIRELESS SERVICES The purpose of this Exhibit is to identify the roles and respansibilities,including payment requirements,of the County through its.Information Systems Services(ISS)Department and the City of Delray Beach rMunicipalivn regarding the placement of WIM antennas on FPL streetlights for the Delray Beach Digital Divide Project. Section A: !09=R=onsibnWea x. The County shall mount WiFi antenna on specific FPL streetlights at no cost and provide wireless internet access as park of the Digital Divide project 2. The County shall pay for any and all maintenance and repair costs for the antenna. g. The County shall pay FPL the appropriate fees for each antenna mounted to a streetlight in accordance with Section 4.1(a)and(b)of the FPL Street Light Attachment Agreement and in accordance with the FPL Wireless Internet Electric Service Agreement which are incorporated herein by reference. 4. The Colmty will provide the Municipality with two bills for reimbursement,both a)Pass-through' from FPL,a monthly electrical service bill(estimated @$5)for each street light and an annual per pole attachment fee(estimated @$ug.ig)imposed by FPL for use of each streetlight.These fees are in addition to the Street Light fees for which the Municipality is and will continue to responsible for under a separate agreement between the Municipality and FPL. Section B. z The Municipality agrees to reimburse the County the fees identified above in Section A 4. z. The Municipality agrees that the initial project area is identified in Appendix A of this documea Each green dot between 1-95 and Swinton Avenue on the map indicates the location of a FPL streetlight and mounting location for a WiR antenna. Pager of 3 e5I •;Dreemcat with Pain Beach Com W=W the Cite QfDeiraa$each Re:PaymwatVfMF9WjbrDi9t 1Dw4dvPma" Section G Additional IT'Servic cs Upon request for assistance,the ISS Director may,at his/her discretion,permit staff resources to assist the Municipality in the execution of certain information technology responsibilities. These additional services can be requested by submitting a Task Order[Attachment a). These services are charged at the rate of$ 25/hour with a not to-exceed coat of$,o,000 per Task Order. These services may also require the purchase of additional resources,including but not limi6ad to hardware and software. The Municipality is responsible for all associated costs for these additional resources. An estimate for each Task Order will be available upon request bythe Municipality. The Municipality agrees to fully reimburse ISS for all costs associated with the rendering of ISS staff assistance and/or information technology resources. Page 2 of 3 Agreement with Pabn Beach Couaty and the City qfDebwU Beach Re.Paymaaof*"?IMFe-csforDigitaiDivideproject APPENDIX A Planned WiFi Antenna Locations as of June 2012 z A_4 W 4Z N."'A. ?90 A. .0k, V1 Initial estimated pole usage will be 48 Poles as show on diagram Page 3 Of 3 r Attachment 1 Palm Beach County Information Systems Services �aRt� Task Order c $50,000 Task Order# Original Agreement#R: Organization requesting services: City of Delray Beach Type of Service: Location of Service: Contact Name: Contact Phone: Contact eMail: Requested Date for Completion: Description of Service/Dellverabies +/- Estimated Amount: IS5 Project Manager/Director: Date; Name/Title Project Office: Date: Chuck Spalding,Project Manager PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS By: Steve Bordelon,Director, ISS APPROVED AS TO FORM City of Delray Beach AND,LEGAL SUFFICIENCY COUNTY ATTORNEY (Name,Title) L 0 � mds I;._d ra aw w MEMORANDUM W TO: Mayor and City Commissioners FROM: Jack Warner, Chief Financial Officer THROUGH: Terry Stewart, Interim City Manager DATE: November 4, 2014 SUBJECT: AGENDA ITEM 8.B.-REGULAR COMMISSION MEETING OF NOVEMBER 18,2014 ADVANCED APPROVAL OF FY 2015 SPENDING GREATER THAN$25,000/ACE HARDWARE BACKGROUND Several City departments currently buy small tools and hardware items from Ace Hardware. The purchases are typically unplanned and are often in situations that require replacing a broken tool or piece of small equipment. Total FY 2015 spending will be the result of multiple, small, and unpredictable purchases, not to exceed $50,000. FINANCIAL DEPARTMENT REVIEW Finance recommends approval. DISCUSSION By approving the recommended motion, the Commission is not waiving or overriding any provisions of the City's purchasing code adopted in November 2013. When they occur, single acquisitions over $25,000 will be submitted for Commission approval under Code Section 36.02(A), "Sealed Competitive Method"; smaller acquisitions will be approved at the City Manager and departmental levels under Code Sections 36.02 (B), "Written Quotations Method" and 36.02(C), "Direct Acquisitions Method". By approving the recommended motion, the Commission is recognizing that multiple unpredictable purchase decisions that are likely to occur over the course of the year will total over $25,000. This amount of spending requires prior Commission approval under Code Section 36.03(B), "Multiple Acquisitions from Vendor Exceeding $25,000 in Any Fiscal Year". TIMING OF THE REQUEST This request is timed to provide for the uninterrupted continuation of City operations. FUNDING SOURCE Funding for these services is provided for in the approved FY 2015 budget. RECOMMENDATION Approve by majority vote the following motion: That the City Commission approves FY 2015 acquisitions of small tools and hardware items from Ace Hardware not to exceed $50,000, and further finds that such acquisitions are in compliance with Code Section 36.03(B), "Multiple Acquisitions from Vendor Exceeding $25,000 in Any Fiscal Year", provided that each transaction meets all other applicable provisions of the code including separate Commission approval for any individual transaction at $25,000 or above. w MEMORANDUM W TO: Mayor and City Commissioners FROM: Jack Warner, Chief Financial Officer THROUGH: Terry Stewart, Interim City Manager DATE: November 4, 2014 SUBJECT: AGENDA ITEM 8.C.-REGULAR COMMISSION MEETING OF NOVEMBER 18,2014 ADVANCED APPROVAL OF FY 2015 SPENDING GREATER THAN$25,000/BOCA SMALL ENGINES,INC. BACKGROUND The Parks & Recreation department purchases lawn equipment and repair kits, edger blades, string for weedeaters, blowers, edgers, and chain saw related purchases from Boca Small Engines, Inc. Total FY 2015 spending will be the result of multiple, small, and unpredictable purchases,not to exceed$50,000. FINANCIAL DEPARTMENT REVIEW Finance recommends approval. DISCUSSION By approving the recommended motion, the Commission is not waiving or overriding any provisions of the City's purchasing code adopted in November 2013. When they occur, single acquisitions over $25,000 will be submitted for Commission approval under Code Section 36.02(A), "Sealed Competitive Method"; smaller acquisitions will be approved at the City Manager and departmental levels under Code Sections 36.02 (B), "Written Quotations Method" and 36.02(C), "Direct Acquisitions Method". By approving the recommended motion, the Commission is recognizing that multiple unpredictable purchase decisions that are likely to occur over the course of the year will total over $25,000. This amount of spending requires prior Commission approval under Code Section 36.03(B), "Multiple Acquisitions from Vendor Exceeding $25,000 in Any Fiscal Year". TIMING OF THE REOUEST This request is timed to provide for the uninterrupted continuation of City operations. FUNDING SOURCE Funding for these services is provided for in the approved FY 2015 budget. RECOMMENDATION Approve by majority vote the following motion: That the City Commission approves FY 2015 acquisitions from Boca Small Engines, Inc. not to exceed $50,000, and further finds that such acquisitions are in compliance with Code Section 36.03(B), "Multiple Acquisitions from Vendor Exceeding $25,000 in Any Fiscal Year", provided that each transaction meets all other applicable provisions of the code including separate Commission approval for any individual transaction at $25,000 or above. w MEMORANDUM W TO: Mayor and City Commissioners FROM: Jack Warner, Chief Financial Officer THROUGH: Terry Stewart, Interim City Manager DATE: November 4, 2014 SUBJECT: AGENDA ITEM 8.D.-REGULAR COMMISSION MEETING OF NOVEMBER 18,2014 ADVANCED APPROVAL FOR FY 2015 SPENDING GREATER THAN$25,000/HOME DEPOT BACKGROUND Several City departments have situations that involve purchase of replacement tools and supplies by field personnel, often in response to an unexpected equipment failure on a job site. Total FY 2015 spending will be the result of multiple, small, and unpredictable purchases from Home Depot, because of their extensive store network and attractive prices, not to exceed $150,000. FINANCIAL DEPARTMENT REVIEW Finance recommends approval. DISCUSSION By approving the recommended motion, the Commission is not waiving or overriding any provisions of the City's purchasing code adopted in November 2013. When they occur, single acquisitions over $25,000 will be submitted for Commission approval under Code Section 36.02(A), "Sealed Competitive Method"; smaller acquisitions will be approved at the City Manager and departmental levels under Code Sections 36.02(B), "Written Quotations Method" and 36.02(C), "Direct Acquisitions Method". By approving the recommended motion, the Commission is recognizing that multiple unpredictable purchase decisions that are likely to occur over the course of the year will total over $ 25,000. This amount of spending requires prior Commission approval under Code Section 36.03(B), "Multiple Acquisitions from Vendor Exceeding $25,000 in Any Fiscal Year". TIMING OF THE REQUEST This request is timed to provide for the uninterrupted continuation of City operations. FUNDING SOURCE Funding for these services is provided for in the approved FY 2015 budget. RECOMMENDATION Approve by majority vote the following motion: That the City Commission approves FY 2015 acquisitions of replacement tools and supplies from Home Depot not to exceed $150,000, and further finds that such acquisitions are in compliance with Code Section 36.03(B), "Multiple Acquisitions from Vendor Exceeding $25,000 in Any Fiscal Year", provided that each transaction meets all other applicable provisions of the code including separate Commission approval for any individual transaction at $25,000 or above. w MEMORANDUM W TO: Mayor and City Commissioners FROM: Jack Warner, Chief Financial Officer THROUGH: Terry Stewart, Interim City Manager DATE: November 4, 2014 SUBJECT: AGENDA ITEM 8.E.-REGULAR COMMISSION MEETING OF NOVEMBER 18,2014 ADVANCED APPROVAL OF FY 2015 SPENDING GREATER THAN$25,000/PFM ASSET MANAGEMENT,LLC BACKGROUND The City currently receives investment advisory services from PFM under terms of a contract approved by the Commission on January 17, 2012. The underlying pricing and terms are based on a City of Lake Worth contract dated June 7, 2011. The services are provided on a continuing basis and involve investment research and supervision of the City's investable funds. FY 2015 spending is expected not to exceed $50,000. FINANCIAL DEPARTMENT REVIEW Finance recommends approval. DISCUSSION By approving the recommended motion, the Commission is not waiving or overriding any provisions of the City's purchasing code adopted in November 2013. When they occur, single acquisitions over $25,000 will be submitted for Commission approval under Code Section 36.02(A), "Sealed Competitive Method"; smaller acquisitions will be approved at the City Manager and departmental levels under Sections 36.02(B), "Written Quotations Method" and 36.02(C), "Direct Acquisitions Method". By approving the recommended motion, the Commission is recognizing that payments to PFM under this contract likely to occur over the course of the year will total over$25,000. This amount of spending requires prior Commission approval under Section 36.03(B), "Multiple Acquisitions from Vendor Exceeding $25,000 in Any Fiscal Year". TIMING OF THE REQUEST This request is timed to provide for the uninterrupted continuation of City operations. FUNDING SOURCE Funding for these services is provided for in the approved FY 2015 budget. RECOMMENDATION Approve by majority vote the following motion: That the City Commission approves FY 2015 acquisitions of investment advisory services from PFM Asset Management, LLC. not to exceed $50,000, and further finds that such acquisitions are in compliance with code section 36.03(B) Multiple acquisitions fi°om vendor exceeding $25,000 in Any Fiscal Year", provided that each transaction meets all other applicable provisions of the code including separate Commission approval for any individual transaction at $25,000 or above. w MEMORANDUM W TO: Mayor and City Commissioners FROM: Victor Majtenyi, Deputy Director of Public Utilities Randal Krejcarek, P.E., Director of Environmental Services THROUGH: Terry Stewart, Interim City Manager DATE: October 31, 2014 SUBJECT: AGENDA ITEM 8.F.-REGULAR COMMISSION MEETING OF NOVEMBER 18,2014 ADVANCED APPROVAL FOR FY 2015 SPENDING GREATER THAN$25,000/SULLIVAN ELECTRIC AND PUMP,INC. BACKGROUND Consider a recommendation for an expenditure limit not to exceed $85,000 for FY 2015 with Sullivan Electric and Pump, Inc. for the repairs, rehabilitation, and parts related to submersible wastewater pumps for Lift Stations. 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 the Public Utilities Division/Utility Maintenance Group. Most lift stations have two to three pumps, with pumps ranging in size from 2 to 30 horsepower. Acknowledging that annual expenditures would exceed $25,000, staff gave consideration to an RFP process for this type of service, however, with too many variables in the diagnosis and type of repair required, and with labor rates varying contingent upon scope of repair, staff determined that seeking an RFP for this service would not be feasible. The FY 2015 spending is anticipated to be as much as $85,000, in as many as 60 separate transactions. DISCUSSION Consider a recommendation for an expenditure limit not to exceed $85,000 for FY 2015 with Sullivan Electric and Pump, Inc. for the repairs, rehabilitation, and parts related to submersible wastewater pumps for Lift Stations, with the understanding that this is not a waiver of any provision of the City's purchasing code adopted in November 2013, and that when single acquisitions over $25,000 occur, they will be submitted for Commission approval under the Code of Ordinances, Chapter 36, Section 36.02 (A), "Sealed Competitive Method"; smaller acquisitions will be approved at the City Manager and departmental levels under the Code of Ordinances, Chapter 36, Sections 36.02(B), "Written Quotations Method", and 36.02(C) "Direct Acquisitions Method". By approving the recommended motion, the Commission is recognizing that multiple small and unpredictable purchase decisions that are likely to occur over the course of the year will total over $25,000. This amount of spending requires prior Commission approval under the Code of Ordinances, Chapter 36, Section 36.03(B), "Multiple Acquisitions from Vendor Exceeding $25,000 in Any Fiscal Year". TIMING OF THE REQUEST This request is timed to provide for the uninterrupted continuation of City operations. FUNDING SOURCE Funding is available from 441-5144-536-46.20 (Water & Sewer Fund: Repair & Maintenance Service/Equipment Maintenance). RECOMMENDATION Through a motion, approve by majority vote, FY 2015 acquisitions for repairs, rehabilitation, and parts related to submersible wastewater pumps for sewage Lift Stations with Sullivan Electric and Pump, Inc. not to exceed $85,000, and further find that such acquisitions are in compliance with the Code of Ordinances, Chapter 36, Section 36.03(B), "Multiple Acquisitions from Vendor Exceeding $25,000 in Any Fiscal Year", provided that each transaction meets all other applicable provisions of the code including separate Commission approval for any individual transaction at $25,000 or above. w MEMORANDUM W TO: Mayor and City Commissioners FROM: Jack Warner, Chief Financial Officer Lisa M. Herrmann, Planning, Budget and Control Manager THROUGH: Terrance Stewart, Interim City Manager DATE: October 29, 2014 SUBJECT: AGENDA ITEM 8.G.-REGULAR COMMISSION MEETING OF NOVEMBER 18,2014 RESOLUTION NO.58-14 BUDGET AMENDMENT BACKGROUND This resolution is the final amendment to the FY 13/14 budget. The only action being taken is the transfer of$11,483 from the General Fund to the ARRA Grant Fund to cover expenses from FY 12/13 that were not covered by grant revenue. This transfer is needed to close out the grant. RECOMMENDATION Recommend approval of Resolution No. 58-14 RESOLUTION NO. 58-14 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 44-13 ADOPTED SEPTEMBER 17, 2013 AND RESOLUTION NO. 24-14 ADOPTED MAY 20, 2014, WHICH MADE APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH, FLORIDA, FOR THE FISCAL YEAR 2013/2014, BY SETTING FORTH THE ANTICIPATED REVENUES AND EXPENDITURES FOR THE OPERATING FUNDS OF THE CITY FOR THE FISCAL YEAR 2013/2014; REPEALING ALL RESOLUTIONS INCONSISTENT HEREWITH. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA,AS FOLLOWS: Section 1. That Section 1 of Resolution No. 44-13 adopted by the City Commission of the City of Delray Beach, Florida, on September 17, 2013 and Section 1 of Resolution No. 24-14 adopted by the City Commission of the City of Delray Beach, Florida on May 20, 2014, are hereby repealed, and a new Section 1 is enacted and amended to read as follows: That the following sums of money, attached hereto and marked Exhibit "A", are hereby appropriated upon the terms and conditions herein set forth. Section 2. That, subject to the qualifications contained in this resolution, all appropriations made out of the General Fund are declared to be maximum, conditional and proportionate appropriations, the purpose being to make the appropriations payable in full in the amounts herein named if necessary and then only in the event the aggregate revenues collected and other resources available during the period commencing the 1s` day of October, 2013, and ending the 30ffi day of September, 2014, for which the appropriations are made, are sufficient to pay all the appropriations in full. Otherwise, said appropriations shall be deemed to be payable in such proportion as the total sum of realized revenue of the General Fund is to the total amount of revenues estimated by the City Commission to be available in the period commencing the 1s` day of October, 2013, and ending the 30`'' day of September, 2014. Section 3. That all balances of the appropriations payable out of the General Fund of the City Treasury unencumbered at the close of business on the 30'' day of September, 2013, except as otherwise provided for, are hereby declared to be lapsed into the City Treasury and may be used for the payment of the appropriations which may be made in any appropriation for the fiscal year commencing the 1s` day of October, 2013. However, nothing in this section shall be construed to be applicable to unencumbered balances remaining to the credit of the Water and Sewer Fund, Sanitation Fund or any Fund created by the setting up of special revenue, but such balances shall be used in financing the proposed expenditures of these Funds for the fiscal year commencing the 1s` day of October, 2013. Section 4. That no department, bureau, agency or individual receiving appropriations under the provisions of this resolution shall exceed the amount of its appropriation, except with the consent and approval of the City Commission first obtained. If such department, bureau, agency or individual shall exceed the amount of its appropriation without such consent and approval of the City Commission, the administrative officer or individual, in the discretion of the City Commission, may be deemed guilty of neglect of official duty and may be subject to removal therefor. Section 5. That nothing in this resolution shall be construed as authorizing any reduction to be made in the amounts appropriated in this resolution for the payment of interest on, or retirement of, the debt of the City of Delray Beach, Florida. Section 6. That none of the monies enumerated in this resolution in connection with the General Fund, Water and Sewer Fund, Sanitation Fund or any other Fund of the City shall be expended for any purposes other than those for which they are appropriated, and it shall be the duty of the Budget Officer and/or Finance Director to report known violations of this section to the City Manager. Section 7. That all monies collected by any department, bureau, agency or individual of the City government shall be paid promptly into the City Treasury. Section 8. That the foregoing budget is hereby adopted as the official budget of the City of Delray Beach, Florida, for the aforesaid period. However, the restrictions with respect to the expenditures/expenses of the funds appropriated shall apply only to the lump sum amounts for classes of expenditures/expenses which have been included in this resolution. Section 9. That public hearings were held on the tax levy and the budget on September 3, 2013, and September 17, 2013. Section 10. That this resolution shall become effective immediately upon passage. PASSED AND ADOPTED in regular session on this the 18th day of November, 2014. MAYOR ATTEST: City Clerk 2 RES. NO. 58-14 Exhibit A(As amended) Budget Summary Gana.,F—d DOWNTOWN SPECIAL Amended DEVELOPMENT ENTERPRISE REVENUE FY 13/14 FUND FUNDS FUNDS TOTAL CASH BALANCES BROUGHT FORWARD 1,506,528 3,699,844 256,082 5,640,116 ESTIMATED REVENUES: TAXES AD VALOREM TAXES 7.1611 45,441,720 0 0 0 45,441,720 AD VALOREM TAXES 0 345 2,168,970 0 0 0 2,168,970 AD VALOREM-DELINQUENT 350,000 0 0 0 350,000 AD VALOREM -DDA 1.0000 0 535,706 0 0 535,706 Sales&Use Taxes 1,315,000 0 0 0 1,305,000 Utility Taxes 5,635,000 0 0 0 5,235,000 Other Taxes 4,064,000 0 0 0 4,174,000 Franchise, Licenses&Permits 9,224,580 0 1,200 0 8,992,830 Intergovernmental 6,820,006 0 217,750 1,718,041 8,535,391 Charges for Services 10,639,900 0 42,797,310 0 53,314,850 Fines&Forfeitures 958,000 0 0 93,750 1,092,250 Miscellaneous Revenues 6,231,555 57,000 249,950 632,116 6,855,576 Other Financing Sources 12,528,360 0 1,075,000 1,036,103 6,664,343 TOTAL REVENUES AND OTHER FINANCING SOURCES 105,377,091 592,706 44,341,210 3,480,010 144,665,636 TOTAL ESTIMATED REVENUES AND BALANCES 106,883,619 592,706 48,041,054 3,736,092 150,305,752 EXPENDVTURES/EXPENSES: General Government Services 10,154,463 0 0 0 9,843,550 Public Safety 55,236,756 0 0 138,750 55,640,080 Physical Environment 557,510 0 29,093,411 0 29,646,861 Transportation 3,398,495 0 0 0 3,362,190 Economic Environment 7,030,610 591,223 0 2,644,432 10,266,265 Human Services 59,750 0 0 39,607 99,357 Culture&Recreation 14,372,175 0 3,718,283 896,680 18,936,123 Debt Service 12,806,990 0 6,588,980 0 10,585,970 Other Financing Uses 3,228,353 0 7,421,750 0 10,638,620 TOTAL EXPENDVTURES/EXPENSES 106,845,102 591,223 46,822,424 3,719,469 149,019,016 Reserves 38,517 1,483 1,218,630 16,623 1,286,736 TOTAL EXPENDVTURESAND RESERVES 106,883,619 592,706 48,041,054 3,736,092 150,305,752 w MEMORANDUM W TO: Mayor and City Commissioners FROM: Danielle Connor, Fire Chief THROUGH: Terry Stewart, Interim City Manager DATE: October 31, 2014 SUBJECT: AGENDA ITEM 8.H.-REGULAR COMMISSION MEETING OF NOVEMBER 18,2014 EMERGENCY SERVICES AGREEMENT/PALM BEACH COUNTY FIRE RESCUE BACKGROUND Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act of 1969," authorizes local governments to make the most efficient use of their power by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities that will harmonize geographic, economic, population and other factors influencing the needs and development of local communities. Palm Beach County has identified funding from countywide revenues to provide countywide common fire-rescue dispatch services. These services are offered and provided by Palm Beach County Fire-Rescue (PBCFR) to any fire-rescue provider in Palm Beach County. There are no associated costs to the City of Delray Beach. Presently, dispatch services are provided to our fire department from dispatchers within the Delray Beach Police Department. The City is responsible for staffing costs, as well as the procurement of radios, onboard computers, and all associated costs of providing this service to the Fire-Rescue Department. Palm Beach County Fire-Rescue currently provides dispatch services to the fire departments in Palm Beach Gardens, West Palm Beach,North Palm Beach, Riviera Beach, Tequesta, and Greenacres. DISCUSSION The anticipated benefits of this agreement include the implementation of a closest unit response system, more efficient deployment of mutual aid resources, a consistent system for recording and tracking response time elements, and the ability to avoid confusion in dispatching calls received from mixed service areas with complex jurisdictional boundaries. A substantial benefit to DBFR would be the funding of new radios (both portable and mobile), apparatus laptops, and printers, all of which would henceforth be provided by PBCFR. A projected value would be inclusive of: Hardware: 88 portable radios 88 collar mics 32 mobile radios 32 VHF radios 212 portable radio batteries Battery chargers Location computers/system Radio Hardware $618,640 Computers $120,400 Connection fee to PBC $250,680 Total $989,720 All of these costs are provided by PBCFR. FUNDING SOURCE There are no associated costs to the City of Delray Beach. All dispatch personnel costs, radios, apparatus laptops, and printers are provided by PBCFR. RECOMMENDATION By motion, approve the Emergency Services Agreement for Mutual Assistance, Automatic Aid, and Dispatch Services between Palm Beach County and the City of Delray Beach. EMERGENCY SERVICES AGREEMENT FOR MUTUAL ASSISTANCE, AUTOMATIC AID, AND DISPATCH SERVICES BETWEEN PALM BEACH COUNTY AND THE CITY OF DELRAY BEACH THIS AGREEMENT is made and entered into this day of , 2014, by and between PALM BEACH COUNTY, FLORIDA, a political subdivision of the State of Florida (hereinafter the "County"), by and through its Board of County Commissioners and the City of Delray Beach, a Florida municipal corporation located in Palm Beach County, Florida (hereinafter the "City"). WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act of 1969," authorizes local governments to make the most efficient use of their power by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities that will harmonize geographic, economic, population and other factors influencing the needs and development of local communities. WHEREAS, each of the parties to this Agreement presently maintains a fire-rescue department with fire rescue equipment, fire fighting personnel, emergency medical equipment, emergency medical personnel, and other emergency capabilities; and WHEREAS, it is deemed mutually advantageous to enter into this Agreement providing for mutual assistance/automatic aid in times of emergency where the need created may be too great for either party to deal with unassisted or where a closest unit response is agreeable and in the public interest; and WHEREAS, the County has approved funding from countywide revenues for countywide common fire-rescue dispatch services (hereinafter "Countywide Common Dispatch" or "Common Dispatch") to be offered and provided by Palm Beach County Fire-Rescue to any fire-rescue providers in Palm Beach County that desire said services from the County, including the City; and WHEREAS, the Countywide Common Dispatch program will provide a real and substantial benefit to the residents and property throughout Palm Beach County, including the residents and property within the City. This real and substantial benefit includes, but is not limited to, the ability to implement a closest unit response system; a more efficient deployment of mutual aid resources; �-aLhanced ei-nergency and disaster coordination between service providers; a more consistent recording and tracking of response time elements; and the ability to avoid confusion in dispatching calls received from mixed service areas with complex jurisdictional boundaries. WHEREAS, the City and County desire to enter into this Agreement as a means to further 1 enhance the fire-rescue services that they currently provide within their respective jurisdictions. NOW, THEREFORE, in consideration of the terms and conditions set forth herein and the benefits following from each to the other, the County and the City do hereby agree as follows: ARTICLE I: MUTUAL ASSISTANCE AND AUTOMATIC AID Section 1. Request for Aid/Assistance: The County and the City agree to provide emergency mutual assistance and automatic aid to each other for Fire Suppression, Emergency Medical Services, and Technical Rescue, within the terms and conditions set forth by this Agreement, and to formulate automatic aid plans and procedures under Section 2 of this Article. The assistance/automatic aid provided for by this Agreement shall extend to areas served by the parties through service agreements. Emergency mutual assistance/automatic aid will be given when properly requested unless the party from whom assistance is requested determines in accordance with Section 4 of this Article that it is unable to respond. The party requesting aid and/or assistance shall provide the following information at the time the request is made: a. The type and quantity of equipment and/or personnel needed; and b. The name and rank of the person making the request. All requests shall be directed through the County's emergency communications center_ The following officials of the participating parties are authorized to request aid and assistance under this Agreement: the respective Fire Chiefs, Assistant or Deputy Fire Chiefs, or Incident Commanders. Section 2. Command Authority: In the event of an emergency which requires additional assistance, the Fire Chief of the jurisdiction in which the incident is located, or in his absence, the Assistant or Deputy Fire Chief or the Incident Commander, will direct the activities at the scene where the emergency exists, but personnel responding to the call will remain under the command of their own officers at all times. Each party shall retain control over its personnel and the rendition of services, standards of performance, discipline of officers and employees, and other matters incidental to the performance of services. Each party authorizes its Fire Chief or his designee to meet with the other party's Fire Chief or his designee and develop automatic aid/closest unit response plans and procedures, including but not limited to details regarding areas to be serviced and type and/or level of response, when the Fire Chiefs have determined that improved response times or other forms of efficiency within their respective jurisdictions and/or service areas may be achieved. Such automatic aid/closest unit response plans and procedures shall be set forth in a Letter(s) of Understanding between the Fire Chiefs, and the Fire Chiefs are hereby authorized to enter into and amend said Letter(s) of Understanding on behalf of their respective parties, consistent with this Agreement and 2 policies and procedures, if any, of the respective parties. The Fire Chiefs are also authorized to promulgate necessary administrative regulations and orders to implement and administer these plans and procedures. Section 3. Remuneration: All costs associated with providing mutual assistance/automatic aid services under this Agreement shall be the responsibility of the agency rendering aid/assistance. Neither agency shall seek reimbursement of cost associated with rendering mutual assistance/automatic aid services from the other agency. The parties further agree that the agency rendering aid/assistance may request reimbursement for any expenditure of goods or services directly from the persons, parties, or company involved in, causing, or responsible for, the incident at the sole discretion of the agency rendering aid or assistance. The agency rendering aid/assistance for emergency medical services that requires transport service may request reimbursement for the transport service from the patient. The agency rendering service will handle insurance claims and collection in accordance with their policies and procedures and shall be in accordance with the latest Federal Medicare guidelines, if applicable. If the rendering agency invoices the responsible party for the incident for reimbursement of the goods and services provided, a copy of such invoice shall be forwarded to the requesting agency as a matter of courtesy, provided however that the parties will not be required to provide copies of transport fee invoices to the other party and shall not otherwise use or disclose Protected Health Information ("PHI") or Electronic Protected Health Information ("e-PHI") except as permitted by the Health Insurance Portability and Accountability Act ("HIPAA"), the regulations promulgated thereunder, and any other applicable laws and regulations, all as may be amended from time to time. Section 4. Ability to Respond: Each party may refuse to respond to a request for aid/assistance in the event it does not have the required equipment or manpower available or if, in its sole judgment, compliance with the request would jeopardize the protection of its own jurisdiction or personnel. Notwithstanding anything herein that may be construed to the contrary, the parties understand and agree that it is not the intention of the parties to subsidize the normal day-to-day operations or shortages in staffing or equipment of the other party and that the mutual assistance/automatic aid provided hereunder is intended to be mutual in nature. ARTICLE I1: COMMON DISPATCH Section 1. Common Dispatch: The City shall be included within the Countywide Common Dispatch program implemented by the County. The County (through its Fire-Rescue Department) will provide the necessary equipment and services to implement and provide Common Dispatch and related 3 communication services for the City as detailed herein. Each party hereby authorizes its Fire Chief or his designee to meet with the other party's Fire Chief or his designee to develop Common Dispatch plans and procedures, including but not limited to a list of necessary equipment, a time-line for Common Dispatch implementation, geographical response boundaries, and other operational details. These plans and procedures shall be set forth in a Letter(s) of Understanding between the Fire Chiefs, and the Fire Chiefs are hereby authorized to enter into and amend such Letter(s) of Understanding on behalf of their respective parties, consistent with this Agreement and policies and procedures, if any, of the respective parties. The Fire Chiefs are also authorized to promulgate necessary administrative regulations and orders to implement and administer these plans and procedures. The Letter(s) of Understanding shall specifically identify the City's level of participation in the Countywide Common Dispatch program, the equipment that will be provided by the County to the City for its use in implementing the dispatch services provided by County hereunder (hereinafter the "Equipment"), and a time-line for Common Dispatch implementation. The County shall maintain ownership of all said Equipment. Section 2: City Responsibilities: The City agrees: A To maintain a Common Dispatch Letter of Understanding between the parties' Fire Chiefs as discussed above. B. To adopt dispatch protocols mutually agreed upon in the Letter of Understanding referenced in Article II, Section 1. C. To review response protocols every twelve (12) months. D. To transfer to County all 911 calls received by the City's Public Service Answering Point (PSAP) as soon as the need for fire-rescue services is identified. E. To use the Equipment provided by the County to implement the dispatch services provided by the County hereunder. F. To notify the County in writing if any Equipment is lost, stolen or destroyed beyond repair. G. To reimburse the County for any Equipment that is lost, stolen or destroyed beyond repair. H. To notify the County and provide the County access to all Equipment requiring maintenance or repair. I. To promptly return all Equipment provided by County upon expiration or earlier termination of this Agreement. J. To certify the accuracy of City street addressing included in County database and on a continuing basis promptly notify the County of any necessary changes/updates to the street 4 addressing database. K. To assist the County in the annual fixed asset inventory identification process. Section 3: County Responsibilities: The County agrees: A. To receive and dispatch in a timely manner all emergency calls for fire-rescue services received from the City's PSAP. B. To document unit times (e.g. response time, arrival at scene) in accordance with the standards adopted and established by the Countywide Level of Service Committee. C. To provide communication support for all emergency fire-rescue incidents. D. To provide for City's use the Equipment necessary to implement Common Dispatch services to the City. E. To provide maintenance and repair to dispatch related Equipment provided to the City by the County. F. To replace any Equipment that is lost, stolen or destroyed beyond repair. G. The commencement date for each of the County's responsibilities, as set forth in paragraphs A-F of this Section, shall be identified in the time-line set forth in the Letter of Understanding between the Fire Chiefs. ARTICLE III: GENERAL CONTRACT TERMS Section 1. Preambles: The facts set forth in the preambles to this Agreement are true and correct and are hereby reaffirmed by the parties. Section 2. Representative and Contract Monitor: The County representative and contract monitor during the performance of this Agreement shall be the Fire Rescue Administrator, whose telephone number is (561) 616-7000. The City representative and contract monitor during the performance of this Agreement shall be the Fire Chief, whose telephone number is (561) 243-7410. Section 3. Employee Functions: No employee of either party to this Agreement shall perform any function, or service which is not within the employee's scope of duties as defined or determined by the employee's employer. Section 4. Employee Claims, Benefits, etc.: No employee, officer, or agent of either party shall, in connection with this Agreement or the performance of services and functions hereunder, have a right to or claim any pension, workers' compensation, unemployment compensation, civil service, or other employee rights, privileges, or benefits granted by operation of law or otherwise 5 except through and against the entity by whom they are employed. No employee of either party shall be deemed the employee of the other, for any purpose, during the performance of services hereunder. Section 5. No Assumption of Liability: Neither party to this Agreement nor their respective officers or employees shall be deemed to have assumed any liability for the negligent or wrongful acts or omissions of the other. Further, nothing herein shall be construed as a waiver of sovereign immunity. Section 6. Liability for Injury: All the privileges and immunities from liability, exemptions from law, ordinance and rules, and all pensions and relief, disability, workers' compensation and other benefits which apply to the activity of the officers or employees of either party when performing their respective functions, within the territorial limits for their respective agencies, shall apply to the same degree and extent to the performance of such functions and duties extraterritorially. Liability for injury to personnel, and for loss or damage of equipment, shall be borne by the party employing such personnel, and owning or possessing such equipment. Section 7. Indemnification: Each party shall be liable for its own actions and negligence and, to the extent permitted by law, County shall indemnify, defend and hold harmless the City against any actions, claims or damages arising out of County's negligence in connection with this Agreement and the City shall indemnify, defend and hold harmless the County against any actions, claims or damages arising out of the City's negligence in connection with this Agreement. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28, nor shall the same be construed to constitute agreement by either parry to indemnify the other party for such other party's negligent, willful or intentional acts or omissions. Section S. Effective Date and Term: This Agreement shall take effect April 1, 2015 and continue for a term of ten years, unless sooner terminated as provided herein. Section 9. Notice of Termination: Either party to this Agreement may, upon ninety (90) days prior written notice to the other, terminate this Agreement for any reason or for no reason at all. Section 10. Capital Improvement Plans: Both parties to this Agreement, on an annual basis, shall exchange Capital Improvement Plans indicating projected location(s) and anticipated time frames for construction of future fire stations within their respective jurisdictions and/or service areas. It is understood that these plans may be modified subsequent to submission and said plans are subject to subsequent funding allocations and approvals. 6 Section l 1. Assignment of Rights: Neither party shall assign, transfer or convey, in whole or in part, its rights, duties, or obligations without the prior written consent of the other. Section 12. Modification and Amendment: No modification, amendment, or alteration in the terms or conditions of this Agreement shall be effective unless contained in a written document executed with the same formality and equality of dignity herewith. Section 13. Entirety of Agreement: This Agreement, represents the entire understanding of the parties and supersedes all other negotiations, representations, or agreements, either written or oral, relating to this Agreement. Section 14. Equal Opportunity: Each party represents and warrants that it will not discriminate in the performance of services hereunder and that its employees and members of the general public benefiting from services hereunder will be treated equally and without regard to race, sex, sexual orientation, gender identity or expression, genetic information, color, religion, disability, age, marital status, familial status, national origin or ancestry. Section 15. Annual Appropriations: Each party's performance and obligation under this Agreement is contingent upon annual budgetary appropriations by its respective governing body for the purposes hereunder. Section 16. Remedies: This Agreement shall be construed by and governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy and each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. No provision of this Agreement is intended to, or shall be construed to, create any third party beneficiary or to provide any rights to any person or entity not a party to this Agreement, including but not limited to any citizen or employees of the County or the City. Section 17. Records: Each party shall maintain all records pertaining to the services delivered under this Agreement for a period of at least three (3) years. Each party shall maintain records associated with this Agreement, including, but not limited to, all accounts, financial and technical records, research or reports, in accordance with Florida law. Palm Beach County has established the Office of the Inspector General in Palm Beach County Code, Section 2-421 - 2-440, as may be amended. The Inspector General's authority includes but is not limited to the power to review past, present and proposed County contracts, transactions, accounts and records, to require the 7 production of records, and to audit, investigate, monitor, and inspect the activities of the City, its officers, agents, employees, and Iobbyists in order to ensure compliance with contract requirements and detect corruption and fraud. Failure to cooperate with the Inspector General or interfering with or impeding any investigation shall be in violation of Palm Beach County Code, Section 2-421 - 2-440, and punished pursuant to Section 125,69, Florida Statutes, in the same manner as a second degree misdemeanor. Section 18. Joint Preparation: The preparation of this Agreement has been a joint effort of the parties, and the resulting document shall not, solely or as a matter of judicial constraint, be construed more severely against one of the parties than the other. Section 19. Notice of Suits: Each party agrees to notify the other of any claim, or the initiation of any legal proceeding against it, which relates in any manner to the services provided by the other party. Each party will cooperate with the other in the defense of any suit or action arising out of, or related to, the services rendered under this Agreement. Section 20. Notices: All written notices required under this Agreement shall be sent by certified mail, return receipt requested, and if sent to the County shall be mailed to: Palm Beach County Fire Rescue Fire Rescue Administrator 405 Pike Road West Palm Beach, FL 33411 and if sent to the City shall be mailed to: Fire Chief City of Delray Beach Fire Department 501 West Atlantic Avenue Delray Beach, FL 33444 Each party may change its address upon notice to the other. Section 21. Captions: The captions and section designations herein set forth are for convenience only and shall have no substantive meaning. Section 22. Filing: A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County. Section 23. Enforcement Costs: Any costs or expenses (including reasonable attorney's fees) associated with the enforcement of the terms and conditions of this Agreement shall be borne by the respective parties; provided, however, that this clause pertains only to the parties to this agreement. Section 24. Delegation of Duty: This Agreement is an InterlocaI agreement for the provision of services, as authorized by Section 163.01, Florida Statutes, and shall not in any way or 8 manner whatsoever be deemed to constitute a transfer of powers or functions. Nothing contained herein shall be deemed to authorize the delegation of the constitutional or statutory duties of state, county, or City officers. Section 25. HIPAA Compliance: Both parties acknowledge and agree that their respective fire-rescue departments are covered entities under the Health Insurance Portability and Accountability Act ("HIPAA") and therefore are bound by the provisions of HIPAA and the regulations promulgated thereunder(including the privacy and security rules), all as may be amended from time to time. Should any provision of this Agreement be determined to be inconsistent with the requirements of HIPAA and/or the regulations promulgated thereunder, then the parties shall promptly amend such provision as necessary to comply with HIPAA and its regulations. Section 26. Severability: In the event that any section, paragraph, sentence, clause, or provision hereof is held invalid by a court of competent jurisdiction, such holding shall not affect the remaining portions of this Agreement and the same shall remain in full force and effect. Section 27. Survivability: Any provision of this Agreement that is of a continuing nature, or which by its language or nature imposes an obligation or right that extends beyond the term of this Agreement, shall survive the expiration or earlier termination of this Agreement. Section 28. Termination of Existing Agreements The Emergency Services Agreement for Mutual Assistance and Automatic Aid between the parties effective October 1, 2009 (Contract No. 82009-1532) is hereby terminated as of the effective date of this Agreement. Notwithstanding anything herein to the contrary, the existing Letters of Understanding, entered into between the Fire Chiefs pursuant to Contract No. 82009-1532, if any, that are in effect immediately prior to the effectiveness of this Agreement shall be deemed to be renewed by the parties' Fire Chiefs upon the effectiveness of this Agreement. Said Letters of Understanding shall remain in effect until amended or rescinded by the parties' Fire Chiefs. Section 29: Conflict Resolution Any dispute or conflict between the parties that arises from the provision of services under this Agreement shall be presented in writing to the respective Contract Monitors. The Contract Monitors shall then meet to discuss the disputed issues and attempt in good faith to resolve the dispute or conflict prior to either party initiating the intergovernmental conflict resolution process provided for by Chapter 164, Florida Statutes. 9 IN WITNESS WHEREOF, the undersigned parties have caused these presents to be signed by their duly authorized officers on the day and year first written above. ATTEST: PALM BEACH COUNTY, FLORIDA BY ITS SHARON R. BOCK, BOARD OF COUNTY COMMISSIONERS Clerk & Comptroller By: By: Deputy Clerk , Mayor APPROVED AS TO FORM AND APPROVED AS TO TERMS AND LEGAL SUFFICIENCY CONDITIONS By: By: County Attorney Fire-Rescue ATTEST: CITY OF DELRAY BEACH, FLORIDA By: By: City Clerk Cary Glickstein, Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: City Attorney 10 w MEMORANDUM W TO: Mayor and City Commissioners FROM: Kristina Maricic, Administrative Officer Jeffrey S. Goldman, Police Chief THROUGH: Terrance E. Stewart, Interim City Manager DATE: October 31, 2014 SUBJECT: AGENDA ITEM 8.I.-REGULAR COMMISSION MEETING OF NOVEMBER 18,2014 INTERLOCAL AGREEMENT BETWEEN CITY OF DELRAY BEACH AND PALM BEACH COUNTY RELATED TO P25 MIGRATION PROJECT BACKGROUND The Police Department seeks the City Commission's approval to enter into an agreement with the Palm Beach County for joint planning, performance specifications setting and cooperative participation in a single procurement process for the replacement of the County's and City's individual public safety radio systems. The City's public safety radio system is connected to the County's through the County's Motorola SmartZone Controller. The City has been interoperable with the County's system since 2000. Project 25 is a standard for the design and manufacturing of interoperable digital two-way wireless communications products. It was developed in North America with state, local and federal representatives and with Telecommunications Industry Association' (TIA) governance, it has gained worldwide acceptance for public safety, security, public service, and commercial applications. The published Project 25 standards suite is administered by the Telecommunications Industry Association (TIA Mobile and Personal Private Radio Standards Committee TR-8). Radio equipment that demonstrates compliance with Project 25 is able to meet a set of minimum requirements to fit the needs of public safety. This standard allows for improved communications within and between agencies — especially emergency service providers. Such intra- and inter-operability is necessary for coordinating efficient and timely responses in our post 9/11 world. The equipment the Police Department currently utilizes is thirteen years old and will no longer be supported by Motorola in 2016, therefore the need for interoperability along with state of the art equipment is a must for City of Delray Beach to move forward and remain compliant with the industry standard. The purpose of this agreement is to define the relationship between the County and the City by setting forth the parameters under which the County will facilitate the Consultant's preparation of City Design Criteria Package, prepare an RFP for the P25 Migration Project which includes the City's Design Criteria Package as an Alternate, and at City's election and cost, contract with the Contractor for the design and installation of the City's Radio System. The County will perform project management services for the City. In addition, the agreement sets forth the City's obligations for funding the County's third party costs and expenses relating to the City's radio system. For clarification purposes the agreement is to define the relationship between Palm Beach County and the City of Delray Beach, where as the City of Delray Beach is entering into an agreement with Palm Beach County, who will facilitate the services of RCC consultants in preparation for an RFP for the upcoming P25 migration project. The Palm Beach County has recently completed an RFP and performed an extensive search for a consultant and selected RCC Consultants, Inc. for their Project 25 migration. Through the Interlocal agreement, our costs for the professional services related to the Project 25 migration for City's system performed by the RCC Consultants, Inc. is $32,599.86 plus 10%, for a total cost of $35,859.85. An additional amount of $20,000 would be needed if the study determines that tower structural modifications or antenna changes are needed. RCC Consultants, Inc. is the only consulting firm with an in-depth knowledge of the City's communications system and the system's interoperability network with Boynton Beach, Boca Raton and Palm Beach County. RCC Consultants, Inc. has been used for professional services related to the City's communications system for over ten years. No other costs are known at this time and would be subject to additional approval. Based on the foregoing discussion, staff believes this item is in compliance with the Code of Ordinances, Chapter 36, Section 36.02 (C)(8), "Cooperative Acquisitions". Interlocal agreement between City of Delray Beach and The Palm Beach County and RCC Consultant Inc.'s work plan for the Delray Beach Project 25 migration are attached. FINANCIAL DEPARTMENT REVIEW Finance recommends approval. $33,000 approved in 001-2111-521.34-90 for consulting services for P25 migration project. Any costs over that amount would need transferred from other police account. DISCUSSION The item before the City Commission is to approve an interlocal agreement between the City of Delray Beach and the Palm Beach County for joint planning, specification setting and procurement process for the replacement of the individual radio systems, and costs associated with the consultant services that will be performed by RCC Consultants, Inc. and paid directly to the County. All costs incurred for this project will be paid by the City of Delray beach directly to Palm Beach County. OPERATING COST The agreement with RCC Consultants, Inc. is for $35,859.85 based on the attached work plan and the 10% requirement by the County in the case of unforeseen expenses. There is also a possibility of additional costs, projected at $20,000, in the event that the study determines that tower structural modifications or antenna changes are needed. FUNDING SOURCE Funding is available from 001-2111-521-34.90 (General Fund/Other Contractual Service). RECOMMENDATION Motion to approve an agreement between the City of Delray Beach and the Palm Beach County including consultant costs for professional services related to the migration of the City's communications system to Project 25 in the amount of $35,859.85 with an additional $20,000 if the tower structural modifications or antenna changes are needed. INTERLOCAL AGREEMENT This INTERLOCAL AGREEMENT ("Agreement") is made and entered into by and between Palm Beach County, a political subdivision of the State of Florida ("County") and the City of Delray Beach ("City"), a municipal corporation existing under the laws of the State of Florida. WITNESSETH WHEREAS, Section 163.01, Florida Statutes, permits public agencies to enter into Interlocal Agreements to jointly exercise any power, privilege, or authority which such agencies share in common and which each might exercise separately; and WHEREAS, the County has initiated a P25 Migration Project pursuant to which the County will replace its existing public safety radio system with one that is APCO.P25 compliant; and WHEREAS, the City has been interoperable with the County's current public safety radio system since 2000 and desires to continue to receive the benefits of interoperability; and WHEREAS, the City owns a radio system which is connected to the County's public safety radio system through the County's Motorola SmartZoneTM Controller; and WHEREAS, the City wants to replace its City owned system with an APCO P25 compliant system; and WHEREAS, the County and City concur that it is in both parties' best interests to jointly plan, set performance specifications and participate cooperatively in a single procurement process for the replacement of their individual radio systems; and WHEREAS, this Interlocal Agreement provides the framework for the City to make the election (or take the actions) specified in this Agreement and for the County to provide the services in relation to the City's P25 migration project as set forth herein. NOW THEREFORE, in consideration of the mutual covenants, promises and representations contained herein the parties hereto agree as follows. Section 1: Recitals The foregoing recitals are true and correct and incorporated herein by reference. Page 1 of 15 Section 2: Purpose The purpose of this Agreement is to define the relationship between the County and the City by setting forth the parameters under which the County will: (1) facilitate the Consultant's preparation of City's Design Criteria Package; (2) prepare an RFP for the P25 Migration Project which includes the City's Design Criteria Package as an Alternate; and (3) at City's election and cost, contract with the Contractor for the design and installation of the City's Radio System. The County will perform project management services for the City. In addition, this Agreement sets forth the City's obligations for funding the County's third party costs and expenses relating to the City's Radio System. Section 3: Definitions 3.01 Alternate: A portion of the RFP which describes a discrete scope of work for which a response is mandatory, and which work must be performed by the respondent to the RFP, if City in its sole discretion makes the Radio System Election as set forth herein, despite the fact that the respondent will not know whether that discrete scope of work will actually be awarded as part of the P25 Radio System Contract, 3.02 Board: The Palm Beach County Board of County Commissioners. 3.03 CID: The Capital Improvement Division of the FDO Department. CID is responsible for the administration of the Consultant's and Contractor's contracts. 3.04 City: City of Delray Beach, a municipal corporation of the State of Florida. 3.05 _City Consultant Services Authorization (City CSA): Written document describing the Consultant's work effort necessary to; 1) prepare the City Design Criteria Package, 2) provide installation administration services, 3) provide project close-out services, and 4) authorize any other work, allowed pursuant to the Consultant contract, requested and approved by the City Representative. 3.06 City Contingency: Ten Percent (10%) of the cost of the City CSA and Ten Percent (10%) of the cost of the City SOW to be transferred to the County by the City; 1) at the time of City Design Criteria Election, and 2) at the time of City Radio System Election. The contingency to be transferred at the time of Radio System Election is equal to 10% of the cost of the City SOW and 10% of the costs of the Consultant's installation administration services. The City Contingency can be used by the City to fund changes made necessary by; 1) requests of the City, and/or 2) errors and/or omissions of the Consultant during the design/implementation phase, and/or 3) unforeseen conditions as defined by the P25 Radio System Contract. Page 2 of 15 3.07 City Design Criteria Package: The Consultant's work product in response to the City CSA. The City Design Criteria Package will specify performance based criteria for the City Radio System which may include material quality standards, conceptual design, budget restrictions, schedule and other requirements to accurately reflect the required project elements such as conducting field surveys, and performing propagation analyses. 3.08 City Design Criteria Package Election: A written notification which at a minimum contains a; 1) statement that the scope of work for the City CSA is final, 2) certification that the City accepts the Consultant's proposed cost for the City CSA, 3) a monetary transfer in an amount equal to 110% of the cost of the City CSA, 4) identification of the City Project Manager, and 5) certification that the City Representative has the authority to make the City Design Criteria Package Election. 3.09 City Project Manager: The Chief of Police, or his designee, that is the primary City point of contact for the County Project Manager with respect to the administration of the City CSA and the City SOW. This person shall act on behalf of the City and be responsible for making timely decisions, approvals (either approving or securing City approval), processing accounting approvals, and authorizing City initiated change orders and funding transfers. The City Project Manager shall not directly communicate with the Consultant or the Contractor but instead shall communicate with the County Project Manager unless otherwise authorized by the County Project Manager. 3.10 City Radio System: A City owned and operated P25 compliant public safety radio system. 3.11 City Radio System Budget: The total of the City CSA plus 10% contingency, the City SOW plus 10%, and any other funding that may be required by the County to complete the City's CSA or City SOW, approved by the City and transferred to the County from time to time. 3.12 City Radio System Election: A written notification which at a minimum contains a; 1) statement that the City concurs with the County's selection of a Contractor, 2) certification that the City accepts the scope, terms, conditions and costs of the City SOW, 3) certification that the City accepts the costs of the Consultant's cost for construction administration, 4) monetary transfer in an amount equal to 110% of the cost of the City SOW plus 110% of the Consultant's installation administration services, and 5) certification that the City Representative has the authority to make the City Radio System Election. 3.13 City Representative: The City Manager or designee who has the authority of the City to obligate the City pursuant to this Agreement, after adhering to City adopted policies and procedures. Page 3 of 15 3.14 City Statement of Work (SOW): The specific scope of work for the City Radio System which is negotiated with the selected Contractor and, at a minimum, includes provisions describing the responsibilities of the Contractor, defining the conditions of sale, delivery, installation and acceptance testing, detailing the system parameters, identifying unit quantities, detailing the cut-over plan and containing the price and schedule for the proposed City Radio System. 3.15 Consultant: RCC Consultants Inc., a professional engineering firm awarded a continuing services agreement by the County. 3.16 Consultant Services Authorization (CSA): A written task order issued against the Consultant contract which describes the scope of services to be performed, the cost for services and the timeframe for completion. 3.17 Contractor: The properly licensed vendor awarded a contract by the County for the P25 Migration Project. 3.18 County: Palm Beach County, a political subdivision of the State of Florida. 3.19 County Project Manager: The Capital Improvement Division Director, or his designee, that is responsible for the management of the Consultant contract and the P25 Radio System Contract. 3.20 County Representative: The FDO Director, who is given the authority to obligate the County in accordance to County adopted policies and procedures. 3.21 Electronic Services and Security Division (ESS): The division of FDO responsible for administration and management of the County's Radio Systems. 3.22 Facilities Development & Operations Department (FDO): The County Department responsible for oversight of ESS and the design, construction, management and operation of County electronic systems under the jurisdiction of the Board. 3.23 P25 Migration Project: The replacement of County's existing public safety radio system (in whole or in part) to a system which is compliant with the Association of Public-Safety Communications Officials (APCO) P25 standards which includes fixed transmitting and receiving equipment, a microwave system for communications between sites, remote and prime site control and management equipment, dispatch consoles and related equipment. 3.24 P25 Radio System Contract: A binding agreement between the County and the Contractor which sets forth the requirements for the P25 Migration Project including the cost thereof. Page 4 of 15 3.25 RFP: County issued request for proposals for a P25 Migration Project which will, upon City election, include the City Design Criteria Package as an Alternate. 3.26 SmartZoneTM Controller: The Motorola SrrmartZoneTM Controller is the central computer that currently manages and controls the operation of the County's and City's Public Safety Trunked Radio Systems. The SmartZoneT"' Controller manages access to system features, functions, individual radio users and talk-groups. Section 4: Project Management Services 4.01 The County shall provide project management services throughout all phases of the P25 Migration Project. The County shall also provide project management services related to the City CSA and the City SOW. 4.02 The County shall have the full authority to take all actions and make all decisions necessary to prosecute the work associated with awarded contracts including on those portions of the work undertaken on the City's sole behalf. In such capacity, the County shall use it best professional judgment in determining which matters are of a nature and magnitude where consultation and approval of the City Project Manager must be obtained prior to authorizing an action. In general, matters which are routinely addressed with, or require approval of ESS, will require the approval of the City Project Manager. Matters which are routinely addressed with or require the approval of the Director, Facilities Development & Operations, will require the approval of the City Representative. However, when a specific provision of this Agreement requires City approval or consultation prior to the County taking action, such specific provision shall be applied to that specific approval requirement. 4.03 Pursuant to the requirements of Section 287.055, Florida Statutes (the Consultants' Competitive Negotiation Act), the County has selected RCC Communications, Inc. for a continuing contract related to the County's Public Safety Radio System, which includes the preparation of the design criteria package for the County's migration of its current public safety radio system to one that is in compliance with APCO P25 compliance standards. 4.04 The County shall cause the Consultant to create a vendor neutral design criteria package that will form the basis of a competitive Request for Proposals (RFP) for a contractor to implement the P25 Migration Project. The County shall conduct the RFP pursuant to County code, policies and procedures. 4.05 The County shall use its standard form contract for design and construction service authorizations and/or work orders which incorporates all provisions required by state statute, local laws or policies, including but not limited to, payment and performance bonds and insurance requirements. Page 5 of 15 4.06 The County shall negotiate the fees associated with the Consultant and/or Contractor contract and pay each Consultant and/or Contractor from the funds provided by the City for that purpose pursuant to Section 9 of the Agreement. Section 5: Design Criteria Phase 5.01 The City Project Manager and the Consultant shall develop a scope of work by which the Consultant can develop the City Design Criteria Package sufficient to allow a design-build contractor to respond to the RFP. Using the scope of work identified by the City, the County Project Manager shall negotiate the Consultant's costs, which together comprise the City CSA. When the City is satisfied with the proposed City CSA, it shall provide the County with the City Design Criteria Election. The City must make the City Design Criteria Election no later than 30 days after the Effective Date of this Agreement. Upon receiving the City Design Criteria Election, the County shall enter into a City CSA on behalf of the City. 5.02 Upon County execution of the City CSA, the County and Consultant will diligently begin work on the City CSA. 5.03 The Consultant will concurrently provide the City and County Project Managers with copies of all deliverables and submittals required by the City CSA for review and comment. The County Project Manager shall meet with the City Project Manager and Consultant(s), if necessary, to review the deliverables and submittals. The Consultant shall provide the County and the Project Managers with written reports containing all comments resulting from all submittal reviews. The County and the City Project Manager shall review the written reports to ensure that the Consultant addresses each comment and incorporates changes approved by the City into the work product. 5.04 The City may make changes to the City CSA by having the City Representative request that the County Representative amend the City CSA and providing the same notification with regard to the change request as the City provided for the City Design Criteria Election. Upon receipt of the City's request to change; the County shall enter into an amendment to the City CSA. Funding for any City CSA amendment will be as described in Section 9. 5.05 The County Project Manager shall administer the City CSA in accordance with the Consultant Contract and the City CSA. In the event of a conflict between the Consultant Contract and the City CSA, the terms of the Consultant Contract shall prevail. 5.06 At any time during the term of this Agreement, the City may request that the County cause the Consultant to perform service provided for in the Consultant's contract other than those provided for in the City CSA. The City's request for other Page 6 of 15 services shall be in the same format and content as the City Design Criteria Package Election. 5.07 If the City terminates this Agreement after the Consultant has delivered the Design Criteria Package to County, then the County shall provide the City Design Criteria Package to the City, Section 6: Request for Proposals RFP 6.01 The County shall prepare a RFP for a Contractor which includes an Alternate encompassing the City's Design Criteria Package and which may be awarded to the Contractor, at the City's election. The RFP shall contain language clearly indicating that the City's Design Criteria Package is a mandatory component, which may or may not be awarded in the City's sole discretion, and that the unit or component prices included in the Alternate shall be identical to those unit or component prices included in the bid for the County's P25 Migration Project. The City Radio System Election may, or may not be made by the City, in its sole discretion, and the proposer will be bound by its responses to the County portion of the RFP regardless of whether the City chooses to make the City Radio System Election. 6.02 The City shall be invited and encouraged to participate in all aspects of the RFP and the selection of a Contractor, but shall not have a representative sit as a voting member of the final selection committee. If the City does not concur with the results of the County's selection of a Contractor, the City may terminate this Agreement. 6.03 Despite not having a representative of the City as a voting member of the final selection committee for the Contractor, elected officials of the City shall comply with Sec. 2-355, Palm Beach County Code of Ordinances with regard to communication with respondents to the RFP. The County Representative shall provide to the City's elected officials the same notifications with regard to the cone of silence to City elected officials as he/she does to the Board. Employees of the City shall comply with the terms of the RFP with respect to directing communications to and from potential respondents about the RFP. 6.04 After the selection committee's recommendation has been considered by the Board, the Board may direct County Representative to begin negotiations with the selected contractor. Within 30 calendar days of the Board's direction to County staff to commence negotiations, the City Representative shall advise the County Representative as to whether the City desires that the County negotiate the selected contractor's City SOW. 6.05 The County Project Manager and Consultant shall negotiate the City SOW according to the City Design Criteria Package and the Contractor's proposal. The County Project Manager shall coordinate the negotiations with the City Project Manager so that the City can reasonably participate in the negotiations. Page 7 of 15 6.06 Upon completion of the negotiations with the selected contractor for the City SOW, the County will transmit a copy of the proposed City SOW to the City for review and final comment. Concurrent with the transmittal of the City SOW, the County shall also transmit the terms pursuant to which the County will allow the City to use assets of the County's P25 Radio System on an on-going basis. The City shall have no more than sixty (60) calendar days from the receipt of the transmittal for the City to provide the County with the City Radio System Election. If the City chooses not to make the City Radio System Election within 60 calendar days, the County shall have the right to terminate this Agreement. Section 7: Design and Installation Phase 7.01 The County Project Manager shall conduct a pre-work conference for attendance by the Consultant, City Project Manager, the Contractor and all other interested parties. 7.02 The County Project Manager and the Consultant shall provide installation administration services described in the City CSA and the City SOW. Examples of such services are: 1) reviewing and commenting on shop drawings; 2) administering coordination meetings; 3) making recommendations on change orders; 4) measuring, estimating and calculating quantities of work and certifying estimates and vendor/installer payments; 5) performing and reporting on field testing of materials and equipment; 6) identifying and resolving technical problems encountered during implementation; 7) conducting on-site inspections of all facilities and equipment installations, certification of equipment operating parameters, verification of system integration and integration with existing systems and equipment; 8) participating in site acceptance testing, reviewing and verifying all test data to determine whether site and equipment performance is in compliance with the City SOW; and 9) participating at system acceptance testing including staging at the manufacturer's facilities and in the City after its installation. 7.03 The County Project Manager shall review the payment applications submitted by the Contractor for completeness and conformance with contract requirements, Certification of the amount(s) to be paid shall be determined with the Consultant after consultation with and approval by the City Project Manager. Copies of the applications for payment shall be sent to the City Project Manager after County approval of payment application. 7.04 The City may make changes to the City SOW by having the City Representative request that the County Representative amend the City SOW and providing the same notification with regard to the change request as the City provided for the City Radio System Election. Upon receipt of the City's request to change; the County shall enter into a change order to the City SOW. Funding for any amendment to the City SOW will be as described in Section 9. Page 8 of 15 Section 8: Project Close-Out 8.01 The County Project Manager and the Consultant shall provide project close-out services in accordance with the City CSA and City SOW. Examples of those services are: 1) review of general accuracy of information submitted and certified by the Contractor; 2) preparation of electronic Auto CAD 2013 record drawings based on information furnished, including significant changes in the work made during implementation; 3) during final inspection assist in the development of the list of items to be completed; 4) assist with acceptance testing, system certifications and inspections to verify final completion of the list of items and the work; and 5) obtain and compile all required close-out documentation including but not limited to record drawings, approved final permits, certificates of occupancy, certificates of completion, product and contractor warranties, training material and user manuals etc. 8.02 No earlier than the successful completion of the City Radio System acceptance testing and no later than concurrent with the closeout of the P25 Radio System Contract, the County will: 1) convey, via bill of sale to the City, all assets that are the subject of the City SOW; and 2) assign all warranties to the City that are the subject of the City SOW. The exact time for conveyance and assignment will be agreed upon by the County Representative and City Representative. 8.03 The sole responsibility for maintenance of the City Radio System, and the costs thereto, shall pass to the City concurrent with the conveyance of the assets and assignment of warranties described above. 8.04 The City and the County will create a separate agreement, or amend the existing agreement, for the City's ongoing use of any County P25 Radio System assets. Section 9: Project Funding, Payments and Chan-ge Management 9.01 The City shall be responsible for all costs associated with the City CSA(s) and City SOW. City's funding responsibilities shall include, but not be limited to, all procurement costs, the costs of frequency management services, application and permit fees to governmental entities, surveys, geotechnical investigations, field coverage testing, utility connection charges, out of pocket costs and expenses incurred by the County in the performance of, or directly related to, this Agreement, and all expenses, fees or costs that are reasonably incurred by County and/or required to complete the City CSA and City SOW. 9.02 The County is solely responsible for funding all costs or services associated with; 1) the County's staff and County program management services, and 2) litigation with Consultant or Contractor resulting from the County's administration of the City CSA and City SOW, provided however that the litigation is not the result of any action of the City. Page 9 of 15 9.03 All funds sent by the City to the County will be placed in a separate unit within the County's budget entitled "Delray Beach Radio System" which will become the City Radio System Budget. All funds transferred by the City to the City Radio System Budget must not be the subject of any contractual obligations, express or implied. 9.04 All expenditures authorized by the City pursuant to this Agreement will be made from the City Radio System Budget. City Radio System Budget shall not be used for expenses pursuant to Section 9.02. 9.05 Although contingency funding will be transferred at different times throughout the Agreement, the City contingency funds are cumulative and maintained as a single contingency until the City Radio System is completed. 9.06 City acknowledges that the County will not contribute any funds to the City CSA and City Radio System, and as a result, the City is encouraged to allocate sufficient funds to allow the City to maintain its own contingency account in the event that the costs exceed the City Radio System Budget. The County Representative will immediately notify the City Representative by email at any time that the costs of the City Radio System are projected to exceed the City Radio System Budget for City approval of scope reductions or increases to the City Radio System Budget. 9.07 Change requests approved by the City which do not impact the cost of the City SOW, may be authorized by the County Project Manager on the signature of the City Project Manager. Change requests approved by the City which impact the cost of the City SOW, but which can be addressed through the use of the City Contingency, shall be authorized by the County upon the signature of the City Representative. 9.08 Change requests approved by the City which cannot be funded from the contingency and will require additional contributions from the City, shall require County email notice to the City Representative and City Project Manager along with options, if any, for resolution of the change request along with the estimated costs. The City shall select, and approve by return email to County, an option within seven (7) business days of County's email notice, or 24 hours prior or the date a critical path will be impacted, whichever is shorter. If the scope of the change requires an increase in the City Radio System Budget, City shall within twenty (20) days provide its approval of the change constituting agreement to increase the City Radio System Budget, which must be accompanied by a transfer of funds sufficient for the change order and an additional 10%. 9.09 The Director of FDO shall have the authority to execute all documents pertaining to the City Radio System, without further Contract Review Committee or Board of County Commissioner review, after receiving City approval to execute the documents pursuant to this Agreement. However, all such documents shall be reviewed for legal sufficiency prior to execution by the Director of FDO. Page 10 of 15 9.10 One hundred (100%) of any funds remaining in the City Radio System Budget will be refunded to the City within thirty (30) days of; (1) the date of the termination of this Agreement, or (2) the date of the close-out of the P25 Radio System project, whichever is earlier. 9.11 In the event that the Contractor fails to comply with the P25 Radio System Contract requirements and County relies on the Contractor's surety bond to cure the default, County agrees to hold City harmless from any cost beyond that which was contemplated by the scope of the City SOW at the time of default. Section 10: Liability and Insurance 10.01 The parties to this Agreement and their respective officers and employees shall not be deemed to assume any liability for the acts, omissions and negligence of the other party. Furthermore, nothing herein shall be construed as a waiver of sovereign immunity by either party, pursuant to Section 768.28, Florida Statutes. 10.02 Without waiving the right to sovereign immunity as provided by Florida Statutes Section 768.28, the parties acknowledge that they are each self-insured for general liability under Florida sovereign immunity statutes with coverage limits of $200,000 per person and $300,000 per occurrence, or such monetary waiver limits that may be established by the Florida legislature. Section 11: Term The term of this Agreement shall commence upon execution of the Agreement by the County (Effective Date) and shall extend for three (3) years or until the completion of the City Radio System, whichever is longer, unless terminated pursuant to Section 12 of this Agreement. The City and County can mutually agree to extend this Agreement for any duration acceptable to both parties. Section 12: Termination 12.01 The City and County may unilaterally terminate this Agreement as provided in other sections of this Agreement. At any time prior to the County's receipt of the City's Radio System Election, the City may, for any reason, terminate this Agreement. In the event the City terminates the Agreement, the City shall provide written notice to the County. Within 5 business days of County's receipt of notice, the County shall terminate the services of the Consultant pursuant to the terms of the Consultant contract and the City agrees that it will reimburse the County for all costs incurred up to the date of the termination of the Consultant's contract. 12.02 At any time prior to the County's receipt of the City's Radio System Election, the County may, for any reason, terminate this Agreement by providing written notice to the City which shall be effective immediately upon receipt. The County shall Page 11 of 15 terminate the services of the Consultant pursuant to the terms of the Consultant contract and the City agrees that it will reimburse the County for all costs relating to the City CSA incurred up to the date of the termination of the Consultant's contract. 12.03 In the event the County receives a City Radio System Election from the City, then thereafter, neither party shall have the right to terminate this Agreement unless the other party is in default of its obligations contained in this Agreement. Section 13: Notices Any notice given pursuant to the terms of this Agreement shall be in writing and done by Certified Mail, Return Receipt Requested. The effective date of such notice shall be the date of receipt, as evidenced by the Return Receipt. All notices shall be addressed to the following: As to the County: County Administrator 301 North Olive Avenue West Palm Beach, FL 33401 Director, Facilities Development & Operations 2633 Vista Parkway West Palm Beach, FL 33411 With a copy to: County Attorney's Office 301 North Olive Avenue West Palm Beach, Florida 33401 As to Delray Beach: City Manager, City of Delray Beach 100 NW 1St Avenue Delray Beach, FL 33444 With copy to: Chief of Police 300 W Atlantic Avenue Delray Beach, FL 33444 Page 12 of 15 Section 14: Applicable Law 1 Enforcement Costs This Agreement shall be governed by the laws of the State of Florida. In any litigation brought by a party to this Agreement to enforce the terms of this Agreement, each party shall bear its own costs and attorney's fees incurred in connection therewith. Section 15: Filing A copy of this Agreement shall be filed by Palm Beach County with the Clerk of the Circuit Court in and for Palm Beach County. Section 16: Delegation of Duty Nothing contained herein shall be deemed to authorize the delegation of the Constitutional or Statutory duties of any party. Section 17: Time is of the Essence Time is of the essence with respect to the performance of every provision of this Agreement in which time of performance is a factor. Section 18: Non-Discrimination The parties agree that no person shall, on the grounds of age, race, color, sex, national origin, disability, religion, ancestry, marital status, familial status, sexual orientation, gender identity and expression, or genetic information be excluded from the benefits of, or be subjected to any form of discrimination under any activity carried out by the performance of this Agreement. Section 19: Force Maieure Any party delayed by a Force Majeure Event, as defined herein, in performing under this Agreement shall use reasonable efforts to remedy the cause or causes of such Force Majeure Event. A delay due to a Force Majeure Event shall serve to toll the time to perform under this Agreement. "Force Majeure Event" shall mean any act of God, fire, flood, earthquake, explosion, hurricane, riot, sabotage, terrorist attack, windstorm, failure of utility service, or labor dispute. Section 20: Inspector General Audit Requirements Palm Beach County has established the Office of the Inspector General in Palm Beach County Code, Section 2-421 - 2-440, as may be amended. The Inspector General is authorized with the power to review past, present and proposed County Page 13 of 15 contracts, transactions, accounts and records. The Inspector General's authority includes, but is not limited to, the power to audit, investigate, monitor, and inspect the activities of entities contracting with the County, or anyone acting on their behalf, in order to ensure compliance with contract requirements and to detect corruption and fraud. Failure to cooperate with the Inspector General or interfering with or impeding any investigation shall be a violation of Palm Beach County Code, Section 2-421 - 2- 440, and punished pursuant to Section 125.69, Florida Statutes, in the same manner as a second degree misdemeanor. Section 21: Construction No party shall be considered the author of this Agreement since the parties hereto have participated in extensive negotiations and drafting and redrafting of this document to arrive at a final agreement. Thus, the terms of this Agreement shall not be strictly construed against one party as opposed to the other party based upon who drafted it. In the event that any section, paragraph, sentence, clause, or provision hereof is held by a court of competent jurisdiction to be invalid, such shall not affect the remaining portions of this Agreement and the same shall remain in full force and effect. Section 22: No Third Party Beneficiary No provision of this Agreement is intended to, or small be construed to, create any third party beneficiary or to provide any rights to any person or entity not a party to this Agreement, including but not limited to any citizen or employees of the County and/or City. Section 23: Effective Date This Agreement shall be expressly contingent upon the approval of the City Commission of the City of Delray Beach which must be followed by the approval of the Palm Beach County Board of County Commissioners, and the Agreement shall become effective only when signed by the City Commission of the City of Delray Beach followed by the signature of the Palm Beach County Board of County Commissioners. The remainder of this page is left intentionally blank Page 14 of 15 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. ATTEST: SHARON R. BOCK PALM BEACH COUNTY, a political CLERK & COMPTROLLER subdivision of the State of Florida By: By: Deputy Clerk APPROVED AS TO FORM AND APPROVED AS TO TERMS AND LEGAL SUFFICIENCY: CONDITIONS: By: By: County Attorney Audrey Wolf, Director Facilities Development & Operations ATTEST: CITY CLERK CITY OF DELRAY BEACH, a municipal corporation of the State of Florida By: By: City Clerk Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: City Attorney Page 15 of 15 Work Plan for Delray Beach P25 Migration 1.0 - Assessment of the City's Current System Task 1.1—Project Planning, Kickoff and Design Intent Report RCC will hold a kickoff meeting with City and County personnel to review the project scope, points of contact, project schedule and information required for the completion of the project. In the meeting formal chain of communications will be established. Task 1.2—System and Subscriber Survey and Analysis Prior to the project kickoff meeting, RCC will provide the City with a checklist of system documentation required from the City. RCC's Project Manager will coordinate visits to each of the following sites: • RF Prime Site • Hardrives Site • Delray Beach Dispatch RCC will perform site surveys of each existing location to photograph and document the site layout, space, general condition, and the facilities in place at each location. Specifically, RCC will examine the site location, security,tower, grounding systems, surge protection systems, equipment shelter, primary and auxiliary power systems, fuel supply, HVAC, radio communications equipment, and site connectivity equipment. Considerations pertaining to the reuse of existing infrastructure equipment, subscriber equipment and facilities are all paramount to maintaining efficiencies, practicality and affordability for any migration to P25. RCC will evaluate the suitability of all existing system components and make a recommendation as to which components can and should be reused. RCC will update the data on system subscriber information collected in 2012 so that a compatibility and required investment analysis may be conducted. Last, RCC will analyze the interdependencies between ancillary systems such as CAD, RMS, telemetry,wireless data, paging, alerting and other ancillary systems that may need to be considered to maintain compatibility both during and after the system migration to P25. RCC will document the findings of this task in a report to the City and County. Task 1.3-Coverage Analysis RCC will use the data collected to establish a baseline of the existing system coverage for two purposes. First, it will be used as input to the design options for the new system to help ensure areas that are currently covered adequately do not lose such coverage and to identify on a theoretical basis where coverage may need to be improved. Second, it will serve as the basis for discussion with the user groups to gather their feedback and perceptions of the performance of the existing system with respect to coverage. RCC will also collect and examine any specific coverage testing data that may be available via 800 MHz rebanding and any modeling of coverage performed by Motorola. RCC will collect and examine any information related to Page 1 of 7 BDAs in the system and any ordinances that may exist in the City to facilitate the use of BDAs for coverage enhancement if applicable. The existing City system will be modeled according to industry standards for public safety mission critical communications systems. RCC will provide the City and County with a copy of the existing system coverage as modeled and a comparison to any test data results that are available as the baseline of the existing system. Task 1.4-Capacity Analysis RCC will perform a capacity analysis of the City system to determine if additional channels or taikpaths are required to maintain and/or meet a 1%Grade of Service. RCC will request from City planning staff any information on the ten year expansion forecasts for the relevant infrastructure, community facilities, fire and rescue stations, Sheriff substations/police stations, residential and commercial developments, public venues, anticipated growth in dispatch and PSAP load based on calls for service and other plans and/or forecasts that may impact the future coverage and/or capacity requirements for the new system. Using the information provided in this task as well as data provided in prior tasks such as backhaul capacity and current frequency usage, RCC will complete a capacity analysis to evaluate any potential future bottlenecks in the new system which may require augmentation of spectrum and/or backhaul. RCC will also compare and contrast capacity under P25 Phase 1 and Phase 2 options. RCC will document the findings of these analyses and provide a report to the City and County detailing the anticipated capacity requirements and potential augmentation requirements where applicable. Task 1.5—Interoperability Analysis RCC understands that the City must complete a seamless transition during and after migration to the new system with respect to both day-to-day and interoperable communications between agencies. RCC also understands that the City has a number of interoperability partners that must be considered in this seamless transition such as the hub cities and agencies in adjacent jurisdictions. RCC will update this understanding to account for changes related to West Palm Beach's migration to P25. RCC will investigate and analyze any interoperability agreements and interdependencies to help inform the trade-offs between different migration options and provide the City and County with a report on these interoperability considerations. Task 1.6—Final System Assessment Report RCC will compile the findings of the system assessment into the single comprehensive report being provided for the County and all cities. RCC will incorporate the City's and County's revisions and provide a Final System Assessment Report, Page 2 of 7 2.0 - Conduct Stakeholder @ntervievv Sessions to Gather Input and Feedback Task 2.1—Coordinate Stakeholder Interviews RCC will work with the City to schedule the appropriate number of interviews with user agencies to gather input and feedback on the new P25 system. RCC will coordinate the interviews with the following agencies: • Agency List To Be Provided by City Task 2.2— Provide Survey Questionnaire Two weeks prior to the scheduled interviews, RCC will provide the user agencies with a questionnaire that will be used to facilitate the interviews. The user agencies will be encouraged to review and complete as much of the questionnaire as possible prior to the interview. Task 2.3—Stakeholder Interviews RCC will review the user questionnaires with each of the user agencies to collect information on their current requirements and experiences as well as new requirements and enhancements related to usage,coverage, capacity and features. During the interview, RCC will document the requirements from each user and incorporate them into a Requirements Matrix. This matrix will document the system requirement and incorporate traceability to the originating user agency. The Requirements Matrix will be managed throughout the Iife of the project to ensure that all stakeholder needs are met by the new system. Task 2.4—Coverage Workshop RCC will coordinate and conduct a joint Coverage Workshop for the Cities of Boynton Beach, Boca Raton and Delray Beach. The purpose of the workshop will be to develop to establish the general parameters for the new P25 system coverage requirement. RCC will use the input from users gathered previously and the modeling of the new P25 system based upon existing and proposed sites to help facilitate the workshop. RCC will model, in real-time, addition of tower sites, changes to antenna patterns, etc. as well as review the potential for a single simulcasted system that encompasses all three cities. Requirements for in-building radio coverage will also be discussed since under-specifying coverage requirements will result in unacceptable system performance, and over-specifying coverage requirements will unnecessarily increase the cost of the system infrastructure. Using an iterative process, RCC will demonstrate how the City's coverage requirements may be met as well as work through constraints such as budgetary issues that may require compromises. Task 2.5—Develop Coverage Specifications Upon reaching a consensus on the coverage requirement for the new P25 system, RCC will develop a coverage specification that the City may use to communicate the requirements to a vendor. The specifications will identify important requirements such as the least common denominator for field radio configurations to be supported such as portable on the hip,the required level of Delivered Audio Quality (DAQ), polygons overlaid onto maps to geographically represent the various areas of the required levels of coverage for building Page 3 of 7 penetration, critical buildings and facilities that must have coverage,varying degrees of in- building requirements as applicable, coverage reliability requirements, anticipated sites to be used, and a general requirement as to how the system coverage will be validated for acceptance. RCC will document the coverage specification and provide a draft for the City's and County's review. RCC will incorporate any required revisions and deliver the final coverage specification to the County. 3.0 - Provide ®pUons for System Replacement to Meet the County's Stated Goals Task 3.1—Determine Options that Warrant Further Evaluation and Consideration Based on the data gathered and analyses that have been generated by the tasks above, at this point in the project it is expected that a ranking of the options and scenarios available to the City will begin to emerge. RCC will work with the City to determine a list of viable options that warrant further evaluation (e.g., adding new sites, a joint tri-city system, etc.) and, likewise, another list of options that are clearly not viable and warrant no further evaluation (e.g., discontinuing use of all existing sites and selecting new ones). RCC will document this agreement for the City's approval prior to proceeding with the detailed evaluation of viable options. Task 3.2—Analyze and Evaluate Viable Options Having reached a consensus with the City on viable options warranting further evaluation, RCC will analyze and evaluate each of the options. It is expected that, at most, three to five scenarios will meet the minimum requirements necessary to satisfy the City's stated goals. RCC will evaluate each option across the following variables which are subject to approval and/or modification by the City: • Ability to fully meet the user requirements • Maintaining and enhancing interoperability • Backward and forward compatibility with all interdependent systems • Ability to converge with future technology developments • Efficiency of the path to P25 and asset reuse • Speed of Deployment • Operational considerations • Maintenance considerations • Ease of implementation,transition and phased approach considerations • Rough Order of Magnitude Total Cost of Ownership Estimates (CAPEX and OPEX) for an agreed-upon lifecycle • Procurement options, lease vs, buy and other possible procurement scenarios • Cost benefit analysis Page 4 of 7 • Risk RCC will document the analysis and evaluation of each of the selected viable options in a matrix that will allow the City to easily reconcile and determine the tradeoffs between each option so that a decision may be made by the City on the option to pursue. 4.0 - Detailed Design Task 4.1 - Develop Optimal Solutions With an option selected by the City, RCC will perform a detailed design for the new P25 system. In this phase, detailed analysis and verification of key elements including tower and building suitability, system capacity, backhaul requirements, construction permitting, redundancy, FCC licensing, interoperability and migration requirements will be performed. Structural analyses of towers will be performed, electrical and HVAC upgrades will be designed and site plans for new sites will be developed by RCC. RCC will incorporate into the design the availability of interconnecting the proposed new system to existing 800 MHz P25 systems in the area, sharing certain existing resources such as tower structures, master sites, backhaul networks, etc. that may provide improved interoperability with surrounding agencies, and potentially reduce the implementation and maintenance costs. Task 4.2-Develop Budgetary Costs RCC will develop and provide budgetary costs for the recommended system design. The budgetary costs will define costs for infrastructure, subscribers, maintenance, and procurement. Task 4.3—Design Criteria Package Once the system solutions, cost estimates, and recommendations for improvement have been developed, RCC will prepare a draft version of the Design Criteria Package. The Design Criteria Package will include performance based criteria for the project. This will include items such as coverage requirements, quality standards, budget constraints,project schedule requirements, etc. Task 4.4—Conceptual and/or Detailed Designs RCC will perform conceptual and/or detailed designs for various system components as required for console systems, interconnect and backhaul systems,electrical and mechanical system upgrades, structural upgrades, site development, subscribers/fleet maps, etc. as required. 5.0— Develop Technical Specifications and Statement of Work Task 5.1 -Develop Vendor Neutral Technical Specifications and Statement of Work Based upon the Detailed Design Report, RCC will develop technical specifications and statement of work for the City's requirements for incorporation into the County's solicitation for a new P25 compliant radio system. Upon completion of the draft RFP, RCC will submit the document to the City's and County's team for review and discussion. Feedback and suggestions from the City's and County's team will be incorporated into the final document. 6.0— Proposal Evaluation Support Task 6.1 -Assist with Vendor Selection Page 5 of 7 RCC will assist the City's team in analyzing and evaluating proposals received in response to the RFP. RCC will review the proposal for compliance with the RFP and provide a report on the value of the City's portion of the proposal. 7.0—Vendor Negotiation and Agreement Support Task 7.1 -Assist in Negotiation of a Contract with the Vendor(s) RCC will provide on-site and teleconference technical support as necessary to help the City negotiate favorable pricing, terms and conditions with the selected vendor(s). 8.0— Prepare and Present Materials to Stakeholders and Elected Officials Task 8.1 —Preparation, Vetting, Coordination and Presentations RCC will work with the City staff to develop a presentation suitable for the City Commissioners. It is expected that the presentations will provide a high-level overview of the proposal evaluation and contract negotiation processes. Additionally, the presentation may include the following areas of discussion: • Procurement process overview • Review of RFP requirements • Number of proposals received and vendors submitting proposals • Overview of the evaluation criteria • Summary review of final scoring of each proposal • Final committee vendor selection(s) and recommendations for negotiations • Summary review of the contract negotiations process • Summary of negotiated cost • Recommendations for contract award(s) and execution After the presentation, RCC personnel will be available to participate in the question and answer process with the City Commissioners. Additionally,RCC will be available to provide follow-up information and answers to questions posed by the Commission as required. Page 6of7 Pricing for Delray Beach P25 Migration The following quotation does not include the following: • Costs for tower structural analyses. • Costs for tower structural modification designs. • Costs for new site development planning and permitting. • Costs for frequency coordination required for modifications to the City's current FCC licenses or new licenses. With regards to tower structural analyses, if no antenna changes are made as part of the project, there will be no tower structural analyses costs. If antenna changes are required, typically range between $3,000 and $5,000. Tower structural modification designs can vary greatly based upon the extent of the tower deficiency and can be on the order of$10,000. If a new tower site is incorporated into the system design, for site planning and permitting, costs can range up to approximately $40,000. Though RCC's fees include the cost of developing an FCC license application, it does not include the cost for frequency coordination that is performed by third-party coordinators. For major modifications such as antenna height and/or pattern changes, power level changes, the cost is approximately $310 per frequency per site. For a 7-channel system, the modification cost is approximately $2,170. If an additional transmitter site is added,that price is doubled to $4,340. Page 7 of 7 Financial Worksheet August 15,2014 RCC CONSULTANTS, INC.TECHNICAL SERVICES CONTRACT P25 System Migration Palm Beach County-Delray Beach 1 Direct Engineering Expenses Hours Rate Subtotal Director $ 200.00 Managing Consultant 120.3333 $ 185.00 $ 22,261.67 Consultant 21.66667 $ 160,00 $ 3,466.67 Consulting Assistant 4 $ 95.00 $ 380.00 JLRD Princi al 26 $ 150.00 $ 3,900.00 JLRD Draftsperson 10 $ 50.00 $ 500.00 Total 182 $ 30,508.33 $ 30,508.33 Travel and Per Diem Expenses Rate Subtotal 0 Round Trip Airline Fares $ - 5 Days Rental Vehicle $ 75.00 $ 399.98 10 Man Days Per Diem at $ 175.00 $ 1,691.55 Total $ 21091.53 $ 2,091.53 SBE Participation I SBE Total I SBE Percenta e JLRD 1 $ 4,400.001 13% Total $ 32,599.86 Page 1 w MEMORANDUM W TO: Mayor and City Commissioners FROM: Suzanne F. Davis, Director Parks &Recreation THROUGH: Terry Stewart, Interim City Manager DATE: November 4, 2014 SUBJECT: AGENDA ITEM 8.J.-REGULAR COMMISSION MEETING OF NOVEMBER 18,2014 LICENSE AGREEMENT WITH PALM BEACH COUNTY SPORTS COMMISSION BACKGROUND The City of Delray Beach, working collectively with the Palm Beach County Sports Commission, will host the NAIA Men's National Soccer Championships December 1 - 6, 2014 at Hilltopper and Seacrest Soccer Complex. This event was successfully awarded to the Palm Beach County Sports Commission through a competitive bid process. Approximately 16 men's college soccer teams will be competing for the national NAIA title. DISCUSSION The City of Delray Beach is requesting official approval from the City Commission to enter into a revocable license agreement with the Palm Beach County Sports Commission for the Seacrest Soccer Complex for the NAIA Men's National Soccer Championships from December 1 - 6, 2014. It is in the public interest to enter into the attached agreement with the Palm Beach County Sports Commission to provide for the use of the Seacrest Soccer Complex for the period of time designated in the agreement. In order to enable NAIA to utilize the Seacrest Soccer Complex, the City has prepared a License Agreement to define the parties' obligations. There are no scheduling conflicts with any of the athletic user groups for the Seacrest Soccer Complex during the period of time designated in the agreement. TIMING OF THE REOUEST This request is time sensitive as the event will be held December 1 - 6, 2014. RECOMMENDATION Motion to approve the Revocable License Agreement with the Palm Beach County Sports Commission for the 2014 NAIA Men's Soccer Championships. REVOCABLE LICENSE AGREEMENT THIS AGREEMENT made this day of , 2014 by and between the CITY OF DELRAY BEACH, FLORIDA, a municipal corporation of the State of Florida (hereinafter referred to as "City") and PALM BEACH COUNTY SPORTS COMMISSION, a Florida corporation (hereinafter referred to as "Licensee"). WITNESSETH: WHEREAS, City owns and controls certain property upon which is located the Seacrest Soccer Complex; and WHEREAS, adjacent to the Seacrest Soccer Complex is Hilltopper Stadium, a Palm Beach County School Board ("Board") owned facility that is leased to the City for recreational purposes; and WHEREAS, Licensee desires to obtain the right to use both the Seacrest Soccer Complex and Hilltopper Stadium, collectively referred to as the "Site" or "Property," to stage a soccer tournament titled "2014 NAIA Men's Soccer National Championship" during the period of December 1 , 2014 to December 6, 2014 (Attached as Exhibit "A" is a visual rendition of the Site, which includes that portion of the delineated area that is either owned or leased by the City and is in all respects subject to the Facilities Use Agreement between Licensee and the Board); and WHEREAS, Licensee is currently in negotiations with the Board to enter into a Facilities Use Agreement for use of Hilltopper Stadium for the 2014 NAIA Men's Soccer National Championship; and WHEREAS, Licensee likewise wishes to obtain from the City license to use the Seacrest Soccer Complex for the 2014 NAIA Men's Soccer National Championship; and WHEREAS, the City has determined that it is in the public interest to enter into an agreement with Licensee to provide for the use of the Seacrest Soccer Complex by Licensee in accordance with the terms of this Agreement; and 1 NOW, THEREFORE, in consideration of the mutual terms, conditions, promises and covenants hereinafter contained, it is hereby agreed by and between the Parties hereto as follows: 1. Licensee's Rights for Use of Site. Licensee shall have authority, subject to the provisions and limitations set forth in this agreement, to use the Seacrest Soccer Complex for the purpose of staging the 2014 NAIA Men's Soccer National Championship ("Tournament"). The City further assents to the Facilities Use Agreement between Licensee and the Board for use of Hilltopper Stadium for the purpose of staging the Tournament. Nothing in this License Agreement shall be intended to affect or amend Licensee's obligations under the Facilities Use Agreement between the Board and Licensee for the use of Hilltopper Stadium, and the City does not assume any such obligations on the part of Licensee. During the term of this License Agreement, no intoxicating beverages of any kind or description shall be kept, used, or consumed on the premises. Furthermore, during the term of this License Agreement, no smoking, including e-cigarettes, shall be allowed or permitted on the premises. 2. Term. The term of this License Agreement shall commence upon December 1 , 2014 and shall terminate at 11 :59 PM, December 6, 2014. The term of this License Agreement may be extended at the request of the Licensee and at the discretion of the City. 3. Agreements of City. City agrees to provide Licensee with the following in connection with Licensee's staging of the Tournament: a. Venue: City shall provide the Seacrest Soccer Complex and Hilltopper Stadium, to the extent it is under City's lawful control, with all associated City fees waived, for a maximum of fifteen (15) tournament games (daily and evening sessions), including but not limited to, locker rooms, spectator seating, field lighting, electronic scoreboard, public address system, parking lots, restrooms, concession/souvenir stands, press box, team benches, signage, water coolers and all normal preparation and maintenance of the site. The City site shall also provide adequate space for 2 supplemental bleacher seating eighty feet (80')' long on the "home" side of the field at Hilltopper Stadium, as approved by the Board's Building Department. b. Practice Sites: The City shall provide, at no charge, practice sites at Seacrest Soccer Complex meeting game standards and approval of the NAIA as close to the immediate area of the competition facility as possible. Practice sites shall be available to participating teams two (2) days prior to the start of the tournament. C. Vendors: The City shall provide concession vendors to operate the food concession stand with support staff to provide ongoing trash removal. Food may only be prepared under conditions as approved by the Health Department. d. Parking: The City shall assist the Licensee in securing adequate parking with fees waived, adjacent to the venue and practice sites. e. Signage: If necessary, the City shall assist the Licensee in securing approval of temporary directional signage. f. Tents: If necessary, the City shall assist the Licensee in securing approval for temporary tents to be installed at Hilltopper Stadium, as approved by the Board's Building Department. g. Press Box: The City shall provide at no charge, a minimum of four (4) telephone lines, four (4) Ethernet lines in addition to password protected wireless internet. h. Restrooms: The City shall make available the existing restroom facilities at Hilltopper Stadium with support staff for continuous cleaning and restocking, as needed. Licensee will provide additional porta potties as necessary i. Admissions: 3 The Licensee will collect admissions at one entrance point at Hilltopper Stadium. The City will provide temporary fencing to ensure that all spectators enter at the admission entrance. 4. Termination. The City may terminate this Agreement for cause upon twenty-four (24) hours' notice for Licensee's failure to perform any of the terms and conditions of this Agreement. 5. Compliance. Licensee agrees to comply with all applicable federal, state, county, and local laws and regulations regarding non-discrimination and specifically agrees not to discriminate against any person on the basis of color, race, religion, age, creed, sex, national origin, or disability. 6. City's Right to Control Premises. City or its designee at all times reserves the right to eject or cause to be ejected from the premises any person or persons violating (or to keep persons from violating) any of the rules or regulations of the Seacrest Soccer Complex or Hilltopper Stadium, or any city, county, state or federal laws, and neither the City, its designee nor of any its officers, agents or employees shall be liable in any manner to Licensee or its officers, agents or employees for any damages which may be sustained by Licensee through the exercise of this right by City or its designee. 7. Alterations and Improvements to the Premises. The Licensee may not make any alteration, adjustment, partition, addition or improvement to the Seacrest Soccer Complex or Hilltopper Stadium, or any part thereof, without obtaining prior written consent of City. All requests by Licensee shall be in writing and shall contain all pertinent plans and specifications. All alterations, adjustments, partitions, additions, or improvements shall, at City's sole discretion, remain the exclusive property of the City or be removed by Licensee upon City's request. In the event that City shall request removal, Licensee shall perform, at its sole cost, removal in a manner that shall return the Seacrest Soccer Complex or Hilltopper Stadium to the condition in which it was received. Any cost necessary to restore or prepare the Seacrest Soccer Complex or Hilltopper Stadium for return shall be the sole responsibility of the Licensee. All such 4 alterations or improvements shall be made at the sole cost and expense of the Licensee. 8. Personal Property. The Licensee agrees that all personal property placed on or at the Seacrest Soccer Complex or Hilltopper Stadium shall remain the property of the Licensee and shall be so placed at the risk of Licensee. 9. Repair and Damage of Site. Licensee shall be fully responsible for damage of any kind or nature to the Seacrest Soccer Complex or Hilltopper Stadium caused by the use by Licensee or invitees of Licensee. In addition to any and all obligations under the Facilities Use Agreement between the Board and Licensee for use of Hilltopper Stadium, Licensee shall be fully responsible for any and all repairs or replacement deemed reasonably necessary by City to return the Seacrest Soccer Complex or Hilltopper Stadium to the condition existing at the commencement of this License Agreement, normal wear and tear excluded. Licensee shall give to City prompt written notice, in compliance with Section 18 below (Notice), of any occurrence, incident or accident occurring on or at the Seacrest Soccer Complex or Hilltopper Stadium. In the event any damage should occur to the Seacrest Soccer Complex or Hilltopper Stadium, Licensee shall promptly notify the City. 10. Indemnification and Insurance. (a) Fourteen (14) days before the first day of the tournament, Licensee shall provide to City certificates of insurance evidencing Licensee's commercial general liability coverage in the amount of not less than $1 million per occurrence with an annual aggregate of $3 million and naming City as additional insured. Licensee shall notify City immediately of any modification, cancellation, lapse, or termination in such insurance, which may affect City. (b) To the fullest extent permitted by law, Licensee agrees to indemnify, defend and hold City harmless from and against any and all expenses, damages, claims, suits, losses, actions, judgments, liabilities and costs whatsoever (including attorney fees) arising out of or resulting from the Tournament and any negligence or willful misconduct of Licensee, or its employees, agents, or servants, in 5 connection with the Tournament and its performance under this Agreement. Licensee assumes all risk and danger incidental to holding the Tournament. Nothing contained herein is intended nor shall be construed to waive City's rights and immunities under the common law or Section 768.28, Florida Statutes, as amended from time to time. The provisions of this Paragraph 7 shall survive the termination of the Agreement. 11 . Release. As part of the specific consideration for City to consent to this license agreement, and for further consideration of the sum of ten dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree that City, its designees, officers, agents and employees assume no responsibility whatsoever for any property placed in the premises provided for herein; and City, its designees, officers, agents and employees are expressly released and discharged from any and all liability for any loss, injury, damage, theft, vandalism or other wrongful acts or acts of any kind or nature resulting in damage or loss to persons or property which may be sustained due to Licensee's use of the premises. Licensee further expressly waives any and all claims for compensation for any and all loss or damages sustained by reason of any defects, deficiencies, or impairment of the electrical or sound equipment, water supply, equipment or wires furnished for the premises or by reason of any loss or impairment of light, current, or water supply which may occur from time to time for any cause, or by reason of any loss or damage sustained by Licensee resulting from fire, water, hurricane, tornado, civil commotion, riot, theft or other acts of God, and Licensee hereby expressly waives all right, claims and demands and forever releases and discharges City, its designees, officers, agents and employees from any and all demands, claims, actions and causes of actions arising from any of the causes aforesaid. 12. Surrender Upon Termination. Licensee shall peaceably surrender and deliver the Seacrest Soccer Complex and Hilltopper Stadium, to the extent it is under City's lawful control, to City immediately upon expiration of the revocable license term or upon termination of this License Agreement. Licensee further agrees that it will leave the Seacrest Soccer Complex and Hilltopper Stadium in the condition existing at 6 the commencement of this License Agreement, normal wear and tear excepted, and subject to the provisions of Section 7 (Alterations and Improvements to Site) and Section 9 (Repair and Damage of Site). 13. Controlling Law. This Agreement shall be deemed to be made and shall be in accordance with the laws of the State of Florida which will be controlling in any dispute that arises pursuant to this Agreement. Venue shall be in Palm Beach County, Florida. 14. Entire Agreement. This Agreement constitutes the entire agreement between City and Licensee and may not be altered, amended, or modified except by an instrument in writing signed by the parties to the Agreement with all the same formalities as this Agreement. 15. Inspector General. Licensee is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this Agreement, and may demand and obtain records and testimony from Licensee and its subcontractors and lower tier subcontractors. Licensee understands and agrees that in addition to all other remedies and consequences provided by law, the failure of Licensee or its subcontractor or lower tier subcontractors to fully cooperate with the Inspector General when requested may be deemed by the City to be a material breach of this Agreement justifying its termination. 16. Public Records. Licensee shall comply with all public records laws in accordance with Chapter 119, Fla. Stat. In accordance with state law, Licensee 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. 7 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 Licensee at the termination of the Agreement 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 Licensee. e) If Licensee does not comply with this section, the City shall enforce the Agreement provisions in accordance with the Agreement and may unilaterally cancel this Agreement in accordance with state law. 17. Force Maieure. City shall not be responsible for its failure to make the premises available or to provide the facilities and services described herein, where such performance is rendered impossible and impractical due to strikes, walk-outs, acts of God, inability to obtain labor, materials or services, government restriction (other than City), enemy action, civil commotion, fire, unavoidable casualty, utility disruptions or blackouts, or similar causes or any other causes beyond the control of City. 18. Notice. Any notice or communication under this agreement shall be in writing and may be given by registered or certified mail. If given by registered or certified mail, the notice or communication shall be deemed to have been given and received when deposited in the United States Mail, properly addressed, with postage prepaid. If given otherwise, than by registered or certified mail, it should be deemed to have been given when delivered to and received by the party to whom it is addressed. The notices and communication shall be given to the particular parties at the following addresses: City: City Manager City of Delray Beach 100 N.W. 1st Avenue 8 Delray Beach, Florida 33444 Licensee: IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their proper officials on the day and year first above written. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: By: City Clerk Cary Glickstein, Mayor Approved as to Form: By: City Attorney WITNESSES: By: (Name printed or typed) (Name printed or typed) (Name printed or typed) (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) 9 STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of 2014, by (name and title of officer or agent) of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification and did (did not) take an oath. Signature of Notary Public - State of Florida 10 r r. • a EXHIBIT "A" lrY y+ a � rte. r c a n� �� t e#. .■ ,'� +.� �'iprr�evi'vsi HC! +, � � `rte^,' r�..��, � ~ �► •;�stir y r •� .� G I �• r�Y p NE 22nd 5t NF ~St i + r } px 3 ' �kr, s 1 .' 4 cr Cci ��; + . - ..Q. 4i w MEMORANDUM W TO: Mayor and City Commissioners FROM: Jack Warner, Chief Financial Officer THROUGH: Terry Stewart, Interim City Manager DATE: November 4, 2014 SUBJECT: AGENDA ITEM 8.K.-REGULAR COMMISSION MEETING OF NOVEMBER 18,2014 ADVANCED APPROVAL FOR FY 2015 SPENDING GREATER THAN$25,000/PFM ASSET MANAGEMENT,LLC BACKGROUND The City currently receives financial advisory services from PFM under terms of a contract approved by the Commission on November 5, 2013. The underlying pricing and terms are based on a Town of Palm Beach contract dated March 22, 2013. The services are provided on request of the City and include financial planning, policy development, and services related to debt issuance. FY2015 spending will be dependent on the City's debt management and issuance requirements, and is expected to approximate $50,000. FINANCIAL DEPARTMENT REVIEW Finance recommends approval. DISCUSSION By approving the recommended motion, the Commission is not waiving or overriding any provisions of the City's purchasing code adopted in November 2013. When they occur, single acquisitions over $25,000 will be submitted for Commission approval under code section 36.02 (A) Sealed Competitive Method; smaller acquisitions will be approved at the City Manager and departmental levels under code sections 36.02 (B) Written quotations method and 36.02 (C) Direct acquisitions method. By approving the recommended motion, the Commission is recognizing that multiple unpredictable purchase decisions that are likely to occur over the course of the year will total over $ 25,000. This amount of spending requires prior Commission approval under code section 36.03(B) Multiple acquisitions from vendor exceeding $25,000 in any Fiscal Year. TIMING OF THE REOUEST This request is timed to provide for the uninterrupted continuation of City operations. FUNDING SOURCE Funding for these services is provided for in the approved FY 2015 budget. RECOMMENDATION Approve by majority vote the following motion: That the City Commission approves FY 2015 acquisitions of financial advisory services from Public Financial Management, Inc. not to exceed $50,000, and further finds that such acquisitions are in compliance with code section 36.03(B) Multiple acquisitions from vendor exceeding $25,000 in any Fiscal Year, provided that each transaction meets all other applicable provisions of the code including separate Commission approval for any individual transaction at $ 25,000 or above. w MEMORANDUM W TO: Mayor and City Commissioners FROM: Planning and Zoning Department THROUGH: Terry Stewart, Interim City Manager DATE: November 6, 2014 SUBJECT: AGENDA ITEM 8.M.-REGULAR COMMISSION MEETING OF NOVEMBER 18,2014 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS BACKGROUND This is the method of informing the City Commission of the land use actions, taken by designated Boards, which may be appealed to the City Commission. After this meeting, the appeal period shall expire (unless the 10 day appeal period has not occurred). Section 2.4.7(E), Appeals, of the LDRs applies. In summary, it provides that the City Commission hears appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: The item must be raised by a Commission member. . By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. Historic Preservation Board Meeting of November 5, 2014 1. Approved with conditions (7 to 0), a request for a Certificate of Appropriateness for the construction of a new swimming pool and site improvements on a non-contributing property located at 229 NE 5th Court within the Del-Ida Historic District. No other appealable items were considered by the Historic Preservation Board. The following item which was considered by the Board will be forwarded to the City Commission for action: 2. Recommended approval (7 to 0), of the revised Rules and Regulations of the Historic Preservation Board. DISCUSSION The action requested of the City Commission is review of appealable actions which were taken by various Boards during the period of October 27, 2014 through November 7, 2014. TIMING OF THE REQUEST There is no sensitivity to this matter. RECOMMENDATION By motion, receive and file this report. Attachment: Location Map CITY COMMISSION MEETING A&0 0.25 0.5 1 Miles APPEALABLE ITEMS I I NORTH NOVEMBER 18, 2014 PLANNING &ZONING DEPARTMENT O .. ....... .._.. z _. :_.3 .1 > O 1 ._.� U Q Q c j J � 3 1 _ La y� z z deor g ush Blvd Lake Ida Rd U 00 I 1 2 i w MEMORANDUM W TO: Mayor and City Commissioners FROM: Randal Krejcarek, P.E., Director of Environmental Services Department Isaac Kovner, P.E., City Engineer Begona Krane, EIT THROUGH: Terry Stewart, Interim City Manager DATE: October 28, 2014 SUBJECT: AGENDA ITEM 8.N.1-REGULAR COMMISSION MEETING OF NOVEMBER 18,2014 BID AWARD/J.W.CHEATHAM,LLC. BACKGROUND Consider an award to J.W. Cheatham, LLC. in the amount of $240,308 for the annual Street Resurfacing 2013-14 Project. Staff solicited bids through the formal competitive bid process. The city received five responses.The award is recommended to the lowest responsive bidder, J.W. Cheatham, LLC. in the amount of $240,308 for the annual Street Resurfacing 2013-14 Project, Project Number 2014-022 and Bid Number 2014-32. Attached are copies of the bid tabulation and project location map. The City of Delray Beach's annual milling and resurfacing program addresses streets that require attention to extend the life of the streets by replacing the pavement's surface. The City is using General Capital Improvement funds to mill and resurface the city's streets. Based on the Overall Criteria Index (OCI) of the existing pavement (reviewed as part of our road management program), and in consideration of any known safety concerns, and requests for resurfacing, staff identified the following sections of City streets for milling and resurfacing for this bid: • SE I Oth Street from SE 2nd Avemue to SE 5th Avenue (Milling and Resurfacing) • NW 7th Court from Sunflower Avenue to end of Street (Milling and Resurfacing) • Lindell Boulevard from SW 10th Avenue to Dotterel Road (Milling and Resurfacing) • Fern Drive from Boone Drive to end of Street (Milling and Resurfacing) • NW 48th Avenue from NW 5th Street to NW 6th Street(1" overlay) • Martin Luther King Jr. Drive from the intersection of NW 12th Avenue to the intersection of NW 10th Avenue (Milling and Resurfacing); In addition, a small section of the roadway listed below (a county road) is scheduled to be milled and resurfaced. The City's Utilities Department needed to perform a water main repair at the beginning of 2014, however, at that time, the pavement section only recieved a temporary surface. Per County agreement, a final resurfacing must be performed: . Lake Ida Road (eastbound lane)just west of the Congress/Lake Ida intersection; limits are from (eastern limit) 25 feet east of the existing patch or one foot of the traffic loop to (western limit) 50 feet west of the existing patch (existing patch plus existing pavement is to be milled and resurfaced). The work generally consists of milling and resurfacing, asphaltic overlay, including leveling course and pavement markings, for the above streets. The recommendation for award is in compliance with the Code of Ordinances, Chapter 36, Section 36.02 (A), "Sealed Competitive Method". DISCUSSION Recommendation for City Commission to consider an award to J.W. Cheatham, LLC. in the amount of $240,308, for the annual Street Resurfacing 2013-14 Project. TIMING OF THE REQUEST This bid award is not time sensitive, however, the City would like to start this project as soon as possible so that the neighborhoods can benefit from the improvements of the roads. FUNDING SOURCE Funding is available from 441-5144-536-46.20 (Water & Sewer Fund: Repair & Maintenance Service/Equipment Maintenance). RECOMMENDATION Through a motion, by majority vote, approve award to J.W. Cheatham, LLC. in the amount of$240,308 for the annual Street Resurfacing 2013-14 Project. W U o 0 0 0 0 0 0 0 0 0 0 0 0 p o 0 0 0 0 0 0 0 0 0 0 0 HEA EA M EA EA � O � 6 0 0 0 0 0 0 0 0 0 0 M O O 'n O O O N- p N EA N H3 U U � 0 0 0 0 0 0 0 0 0 0 0 U a O\ M �O oo H3 O O H3 m � � vi ,-• � ,-• o M � 0 � O � U O O h V 0 0 O O O O N 'n O O O a O v� N C O f3 O O v� O\ H3 H3 M O O H3 W p 6 6 6 0 6 6 O O O O O O J a N 0 Oo -n 0 0 0 0 � a 0 N � o T � N o o v3 0 0 0 0 0 V N U 0 0 0 0 0 0 0 0 0 0 0 0 (2 O W O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O� O O O /O M U O°\^ 0 0 °N 0 0 0 f3 C N O Z_ O (� ON M W .�. F � W � W O 0 us D m Z D W U Z W W W O °p o o 0 0 0 0 0 0 0 m � °o °o °o °o v3 a to fn � � F• Chi U o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o p M V EA O H3 H3 0 � 0 E14 rCy � M V EA O F � O O O\ �p F V] V] V] ✓. ✓. d d V] d V] V] V] N 00. cd F � W C Q A 0 � T a 0 Q O � � z T 3 ro P. P? 'V Or. N M V v� �O h co O� p • N } 3 -:-j i N W 7TH T[ LAKE IDA LE =NW 48TH— Y ROAD (PALM B H CO. RD. AVE L-c [ LAKE IDA ROAD MARTIN L. KING JR Q J a AVE ATLANTIC m C SE 10TH _S [ W of O U LINTON 8vLD FERN DR LI ELL B V Z W U J � Q K W D W 4 � CITY of DELRAY BEACH 2013-14 STREET RESURFACING DATE:07-22-1 b ENVIRONMENTAL SERVICES DEPARTMENT LOCATION MAP Key Plan ©©Q 434 SOUTH SMNTON AVENUE,DELFlAY BEACH,FLORDA 334" 2014-022 1 OF1 w MEMORANDUM W TO: Mayor and City Commissioners FROM: Danielle Connor, Fire Chief THROUGH: Terry Stewart, Interim City Manager DATE: October 30, 2014 SUBJECT: AGENDA ITEM 8.N.2-REGULAR COMMISSION MEETING OF NOVEMBER 18,2014 CONTRACT AWARD/SPECIAL PRODUCTS GROUP BACKGROUND In an effort to maintain efficiency during the uniform purchasing process, the Fire-Rescue Department seeks to continue our agreement with Special Products Group (SPG) for uniform procurement by utilizing for "piggy-backing" purposes the City of Melbourne Contract (#08-096-0-2011) which provides purchase of items at a 30% discount from manufacturer's suggested retail pricing. Melbourne's contract with SPG was recently renewed, and will run concurrent between October 15, 2014 and October 14, 2015. Delray Beach Fire-Rescue personnel will continue to receive uniforms on an as needed basis as opposed to the aggregate ordering of previous years. Most Fire-Rescue employees will have an account at SPG with a $450.00 annual limit for purchase of uniform necessities and uniform hardware (with the exception of Staff and Administrative Assistants). As before, it is incumbent upon employees to order and take delivery of their uniforms upon notification from SPG. The contract will be in effect between Delray Fire-Rescue and SPG from November 18, 2014 through October 14, 2015 pursuant to Section 36.02 (C)(7) of the city's procurement code, titled "Utilization of Other Governmental Entities' Contracts". The fire department submits this request for your approval. DISCUSSION The benefits of this contract agreement will allow for a more efficient and effective use in resources for uniform procurement. The contract agreement will alleviate the aggregate ordering of uniforms by the organization to a more streamlined and cost effective approach of personnel procuring only what's needed. OPERATING COST The contract will cost$66,150.00. FUNDING SOURCE 001-2311-522-52.22 $2,700.00 001-2313-522-52.22 $9,900.00 001-2315-526-52.22 $50,400.00 001-2317-522-52.22 $3,150.00 RECOMMENDATION By motion, approve to continue our contractual agreement with Special Products Group (SPG) for Fire- Rescue Department personnel uniform procurement by utilizing City of Melbourne Contract#08-096-0- 2011,pursuant to Section 36.02(C)(7) of the City's Procurement Code. Special Products Group November 10, 2014 Delray Beach Fire Department 501 West Atlantic Avenue Delray Beach, FL 33444 Dear Sir: Special Products Group (SPG) is pleased to provide the following information for your agency. In accordance with the City of Melbourne Contract No. 08-096-0-2011, the City of Delray Beach is authorized and allowed to "piggy-back" this contract, providing for purchase of items at 30% discount from MSRP (Manufacturer's Suggested Retail Pricing). SPG certifies that these prices represent the lowest price or rate for the non-real property, goods or services of any contract between the vendor and any other governmental entity within the State. By separate correspondence we forwarded you the delineation of items that your Department may wish to procure. Additionally, SPG will monitor and track, on an individual basis the spending for each Fire/Rescue individual for your ease of record keeping. Sincerely, Gerard C Scheller Vice President Special Products Group Proudly Serving The American Hero" Armor,Y4 Uniforms*Gear 2023 Corporate Drive Boynton Beach, Florida 33426 Office(561)732-0360 Fax(561)732-0879 www.SpecialProductsGroup.com w MEMORANDUM W TO: Mayor and City Commissioners FROM: Terry Stewart, Interim City Manager DATE: October 31, 2014 SUBJECT: AGENDA ITEM 9.A.-REGULAR COMMISSION MEETING OF NOVEMBER 18,2014 DOWNTOWN DEVELOPMENT AUTHORITY NOMINATION FOR APPOINTMENT BACKGROUND There is a vacancy on the Downtown Development Authority, due to the resignation of Mr. Scott Kennedy. This creates a vacancy for one (1) regular member to serve an unexpired term ending July 1, 2017. Nomination for appointment is needed for one (1)regular member. 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, and Mr. Ryan Boylston. 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 with the exception of Dorota Szwem. Based on the rotation system, the nomination for appointment will be made by Commissioner Petrolia (Seat #1) for one (1) regular member to serve on the Downtown Development Authority for an unexpired 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 an appointment of one (1)regular member to serve on the Downtown Development Authority Board for an unexpired term ending July 1, 2017. DOWNTOWN DEVELOPMENT AUTHORITY EXHIBIT "A" Peter Arts Insurance David Beale Attorney Tax Qualification Alan Costilo Business Owner Tax Qualification Mark Denkler Sales-Business Owner Tax Qualification Kat Kadian-Baumeyer Real Estate Associate Kenneth Peltzie Health Administration/Self-employed Annie Roof Attorney Daniel Rose Attorney Jesse Saginor Urban Regional Planning Associate Professor Thuy Shutt Land DevelopmentBuilding Design & Construction/Urban Planning Alan Siegel Attorney (currently serving on the Police Advisory Board) Dorota Szwem Architect Kevin Warner Educator Bryan Weber Attorney (currently serving on the Board of Adjustment) DOWNTOWN DEVELOPMENT AUTHORITY (DDA) 85 SE 4 h Avenue, Suite #108 Delray Beach, FL 33483 3-year term 10/14 Marjorie Ferrer Executive Director ofDDA TERM REGULAR MEMBERS EXPIRES 07/01/2017 Albert Richwagen, Secretary *Tax qualification Appt06/21/11 Reappt 07/01/14 07/01/2017 Ryan Boylston *Tax qualification Appt07/05/11 Reappt 06/17/14 07/01/2015 Bonnie Beer, Treasurer *Tax qualification Appt06/19/12 07/01/2017 Frank Frione Appt06/17/14 07/01/2015 David Cook, Chair *Tax qualification Unexp Appt 05/15/07 Reappt 07/07/09 Reappt 07/05/12 07/01/2017 Vacant 07/01/2016 Seabron A. Smith, Vice Chair Unexp Appt07/21/09 Reappt 07/06/10 Reappt 06/18/13 Contact person: Marjorie Ferrer Phone: 243-1077 Fax: 243-1079 Cell: 271-3168 \ U / z i i i U O o oNO No � o 0o Noo o � o � o \ o � 00000 0000 00000 00 0 � o / \ �� e�C � O � � � � •� tom. v w MEMORANDUM W TO: Mayor and City Commissioners FROM: Noel Pfeffer, City Attorney DATE: November 5, 2014 SUBJECT: AGENDA ITEM 10.A.-REGULAR COMMISSION MEETING OF NOVEMBER 18,2014 ORDINANCE NO.34-14(SECOND READING) BACKGROUND During the City Commission discussion regarding the nomination process for City advisory board members on September 4, 2014, the Commission directed the City Attorney to amend the current rules to provide a less rigorous method for removing City board members. More recently, at the October 7, 2014 City Commission meeting, the Commission requested the City Attorney to further revise the proposed amendment from "removal for no cause" to removal for "conduct unbecoming". Conduct unbecoming has been defined in the proposed ordinance to mean any conduct by a Member, which in the opinion of the City Commission, is inappropriate or unsuitable and which has a tendency to adversely affect, lower, or destroy City Commission respect or confidence in the ability of the Member to perform his or her duties as a Member of the City Board or conduct which brings disrepute or discredit to the City Board. The amendment specifically excludes certain City boards whose membership and removal are governed by state statute or special law (e.g. Code Enforcement Board, Community Redevelopment Agency, Downtown Development Agency, and the Delray Beach Housing Authority). In addition, as a result of the Commission discussion of November 4, 2014, the definition of "Abandonment of Office" has been further amended and expanded in the Ordinance to include missing five (5)regular meetings over the course of one calendar year. Except for those boards specifically excluded, all City board members appointed after the effective date of the ordinance shall be subject to removal for conduct unbecoming, in addition to the other stated reasons for removal. Board members may only be removed for cause, after notice, and a hearing before the City Commission. DISCUSSION The ordinance was prepared at the direction of the City Commission. RECOMMENDATION City Commission discretion. ORDINANCE NO. 34-14 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 32, "DEPARTMENTS, BOARDS AND COMMISSIONS", OF THE CODE OF ORDINANCES; AMENDING THE RULES FOR REMOVAL FOR MEMBERS OF CITY BOARDS; AMENDING SECTION 32.15, "DEFINITIONS", AMENDING SECTION 32.17, "GROUNDS FOR REMOVAL"; AND BY REPEALING SECTION 32.19, "VOTE NECESSARY FOR REMOVAL" IN ITS ENTIRETY, PROVIDING A SAVING CLAUSE, A GENERAL, REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach desires to modify its Code of Ordinances relating to the procedure for removal of appointed Members to City Boards, and WHEREAS, appointed Members of City Boards serve in a largely advisory capacity, as unpaid volunteers,without compensation, and as such should not have any property rights to their position, and WHEREAS, the purpose of this Ordinance is to revise the City policy with respect to appointed City Board Members to provide that any Member of a City Board appointed after the effective date of this ordinance shall serve at the pleasure of the City Commission and may be removed for any reason, or no reason, by a majority vote of the City Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 32, "Departments, Boards and Commissions", Section 32.15, "Definitions", of the Code of Ordinances of the City of Delray Beach be amended to read as follows: Sec. 32.15. DEFINITIONS. For the purposes of this Section, the following definitions shall apply: City Board. Any of the Regulatory or Advisory Boards, Committees and Commissions of the C� Member. Any person who is a member of any , CCU Board,whether the):are by the City Commission or elected. Abandonment of Office. Includes, but is not necessarily limited to, failure to attend three (3) consecutive regular meetings or an five ) regular meetings over the course of any calendar year of a C4 Board, Ce ffi . iffe. r Ce ffi ..:ssi Conduct Unbecoming a Member. Any conduct by a Member, which in the opinion of the City Commission, is inappropriate or unsuitable and which has a tendency to adversely affect, lower, or destroy City Commission respect or confidence in the ability of the Member to perform his or her duties as a Member of the City Board or conduct which brings disrepute or discredit to the City Board. Section 2. That Chapter 32, "Departments, Boards and Commissions", Section 32.16, "Application", of the Code of Ordinances of the City of Delray Beach be amended to read as follows: Sec. 32.16. APPLICATION. (A) A Mfember of any City Boar d,Geffi fate ev ~ ~ ~ appointed by the City Commission to serve ~L�~ ' Geffiffiittee ef Geffiffiissien for a fixed term may be removed during the term of office in accordance with the provisions of this subchapter. This subchapter shall apply to any C4 Board, r-e ffi. itte,. ev r-..~.~ iss ~ operating under the auspices of the City,whether created by Charter, special act, ordinance or resolution, except as provided in [subsection] (B) below. (B) (1) The Code Enforcement Board shall be governed by F.S. Chapter 162.05(e) and which provides that if any Mfnember of a Code Enforcement Board may be removed for cause or if a Member fails to attend two (2) of three (3) successive meetings without cause and without prior approval of the chairman,. Upon the occurrence of any of the preceding events, the Enforcement Board shall declare the Mfember's office vacant, and the City Commission shall promptly fill the vacancy. (2) The Community Redevelopment Agency shall be governed by Florida Statutes Chapter 163.356(4) which provides that the City Commission may remove a Community Redevelopment Agency Commissioner for inefficiency, neglect of duty, or misconduct in office only after a hearing and only if the member has been given a copy of the charges at least ten (10) days prior to such hearing and has had an opportunity to be heard in person or by counsel. (3) The Downtown Development Authority shall be governed by Special Act which is codified as Chapter 71-604, Laws of Florida, as amended. The Special Act provides that the City Commission may remove a Mfember of the authority for good cause upon a vote of four-fifths of its entire membership, authorizes removal after notice which specifies the charges, and after a hearing. Good cause in the Special Act is defined as willful neglect of duty, incompetence, or unfitness to perform one's duty or conviction of an offense involving moral turpitude. Members so removed shall be entitled to review by the circuit court of the action taken. (4) The Delray Beach Housing Authority shall be governed by F.S. Chapter 421.07 which provides for the removal of Commissioners for inefficiency or neglect of duty, or misconduct in office. A Commissioner may be removed by the Mayor with concurrence of the governing body, but a Commissioner shall be removed only after the Commissioner has been given a copy of the charges at least ten (10) days prior to the hearing thereon and after an opportunity to be heard. (C) The provisions of this subchapter shall be cumulative to such other procedures as specified in other applicable provisions of law concerning a specific board, Committee or Commission. 2 ORD. NO. 34-14 Section 3. That Chapter 32, "Departments, Boards and Commissions", Section 32.17, "Grounds for Removal" be amended to read as follows: Sec. 32.17. GROUNDS FOR REMOVAL. > > (1) Abandonment of Office. Except as may be otherwise provided b,T�, special act or City ordinance, in the event of Abandonment of Office b: a Member of a City Board, a notice of removal shall automatically be issued by the Ci , Manager or designee. The removal shall be effective as of the date of the notice. (2) The City Commission may remove a City Board Member for: (i) Conduct Unbecoming a Member (ii) violation of an):provision of the applicable Statute, Count,: or Cit,v code of ethics governing the conduct of officials (iii) malfeasance, misfeasance, neglect of duty; or inabili , to perform his or her official duties or (iv) conviction of a felon,: or misdemeanor. The City Commission ma,T� suspend an elected City Board Member for: (i) Conduct Unbecoming a Member (ii) an arrest for a felon, or arrest for a misdemeanor related to the duties of office, or (iii) an indictment or information regarding the commission of a misdemeanor, or felony. The City Board Member shall be advised of the basis for his or her removal or suspension, provided reasonable notice, and an opportune , for a hearing in accordance with the procedures provided in Section 32.17. (3) The vacancy of either an appointed or elected City Board Member shall be filled in the same manner as the original selection. Section 4. That Chapter 32, "Departments, Boards and Commissions", Section 32.18, "Procedure", of the Code of Ordinances of the City of Delray Beach be amended to read as follows: Sec. 32.18. PROCEDURE. (A) Notice of Removal. Except as provided in subsection (C) below, a notice of removal shall be served upon the Member sought to be removed upon the direction of a majority of the City Commission. The notice of removal shall be prepared by the City Attorney and signed by at least one member of the City Commission, and shall specify the grounds for removal. (B) Service of Notice. The notice of removal shall be served by personal delivery or by ordinary first class mail. Service shall be accomplished as soon as is practicable after the City Commission directs service of the notice of removal. The notice shall include a statement that the Member has the right to request a hearing before the City Commission, and that the request for a 3 ORD. NO. 34-14 hearing must be received by the City Clerk on or before a date to be specified in the notice,which shall be seven (7) days from the date of service if the notice is personally served, or ten (10) days from the date of mailing if the notice is served by mail. (C) Grounds for Automatic Removal. If the ground(s) for removal is Abandonment of Office, the notice of removal shall automatically be issued by the City Manager or his designee. In such cases, subsection (D) below shall not be applicable, but the person removed may request reappointment at any time. (D) Hearing;Decision of City Commission. (1) Upon the timely request of the Member for a hearing before the City Commission, the Commission shall set a date, time and place for a hearing and direct the City Clerk to give the member notice of the hearing. (2) At the hearing, the Member will have an opportunity to respond, to present evidence and arguments on all issues involved, and to conduct cross- examination. The Member may appear in person at the hearing or be represented by legal counsel or some other representative as the member chooses. (3) The decision of the City Commission may be to either remove, to suspend, to reprimand or to absolve the Member. (E) Effective Date of Removals. (1) Except as provided in subsection (E)(2) below, the effective date of removal of a Member shall be immediately after the expiration of the time in which the Member has the right to request a hearing before the City Commission, or any later date which the City Commission may provide, unless the Member timely requests a hearing before the City Commission. If the Member timely requests a hearing, and if the City Commission decides to remove the Member upon the conclusion of the hearing, the removal shall take effect immediately unless the City Commission specifies a later date. If a Member timely requests a hearing but withdraws the request prior to the hearing, the effective date shall be the date on which the request is withdrawn. (2) If the ground(s) for removal is Abandonment of Office, the removal shall take effect immediately upon issuance of the notice by the City Manager or his designee. Section 5. That Chapter 32, "Departments, Boards and Commissions", Section 32.19, "Vote Necessary for Removal", of the Code of Ordinances of the City of Delray Beach be repealed in its entirety as follows: 4 ORD. NO. 34-14 Section 6. That Chapter 32, "Departments, Boards and Commissions", Section 32.20, "Reappointment", of the Code of Ordinances of the City of Delray Beach be repealed in its entirety as follows: Geffiffi4+ee ef Geffiffiissien ffieffibef fe fill the ttne--�pifed peffien ef the tefffi if-, upen geed effuse Section 7. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 8. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 9. That this ordinance shall become effective immediately upon passage on second and final reading and shall also apply to all appointments made at the Commission meeting where this was heard during first reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2014. ATTEST: MAYOR City Clerk First Reading Second Reading 5 ORD. NO. 34-14 w MEMORANDUM W TO: Mayor and City Commissioners FROM: Noel Pfeffer, City Attorney DATE: November 10, 2014 SUBJECT: AGENDA ITEM 10.B.-REGULAR COMMISSION MEETING OF NOVEMBER 18,2014 ORDINANCE NO.33-14(FIRST READING/FIRST PUBLIC HEARING) BACKGROUND The purpose of this ordinance is to provide the City adequate time to craft meaningful regulation to properly study and consider the myriad of unknown effects that will result from; (i) the recently legalized use, production, and distribution of medical marijuana for compassionate use, and (ii) the potential impacts of the proposed November 2014 constitutional amendment which provides for the legalization of medical marijuana. During the 2014 legislative session, the Florida Legislature enacted the "Compassionate Medical Cannabis Act of 2014," which authorizes a limited number of approved nurseries in the State of Florida to cultivate, process, and dispense low-THC cannabis to qualified patients, and operate as "dispensing organizations" as approved by the Florida Department of Health. The Act was codified in Section 381.986, Florida Statutes. Similarly, on November 4, 2014, Florida voters considered an amendment to the Florida Constitution entitled "Use of Marijuana for Certain Medical Conditions," otherwise referred to as "Amendment 2." Amendment 2 would legalize the medically certified use of marijuana throughout the State of Florida, and would further authorize the cultivation, processing, distribution, and sale of marijuana by "Medical Treatment Centers" licensed by the Florida Department of Health. Both Amendment 2, if passed, and the Compassionate Medical Cannabis Act of 2014 permit land to be used in a way that has historically been prohibited under Florida law. Accordingly, the City currently has no land development regulations governing the use of real property for the purposes of cultivating, processing, distributing, or selling marijuana. This ordinance imposes a one year temporary moratorium on the operation of Medical Treatment Centers and dispensing organizations, as those terms are defined in the ordinance. During the moratorium the City will not accept, process, or approve any application relating to the operation of a Medical Treatment Center or a dispensing organization. The stated purpose of the moratorium is to allow the City a sufficient period of time to review and determine what zoning and land development regulations would be appropriate to govern the use of real property as authorized by Amendment 2 and the Compassionate Medical Cannabis Act of 2014. RECOMMENDATION City Commission discretion. ORDINANCE NO. 33-14 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, IMPOSING A TEMPORARY MORATORIUM ON THE OPERATION OF MEDICAL MARIJUANA TREATMENT CENTERS AND DISPENSING ORGANIZATIONS WITHIN THE CITY FOR A PERIOD OF ONE (1) YEAR; PROVIDING FOR SEVERABILITY;PROVIDING AN EFFECTIVE DATE. WHEREAS, on November 4, 2014, Florida voters will consider an amendment to the Florida Constitution entitled "Use of Marijuana for Certain Medical Conditions" ("Amendment 2");and WHEREAS, if approved by Florida voters, Amendment 2 would legalize the medically certified use of marijuana throughout the State of Florida and authorize the cultivation, processing, distribution, and sale of marijuana, and related activities, by licensed "Medical Treatment Centers;" and WHEREAS, the Florida Legislature recently enacted a separate but significantly more narrow medical marijuana law, the "Compassionate Medical Cannabis Act of 2014," which authorizes a limited number of nurseries to cultivate, process, and dispense low-THC cannabis to qualified patients and operate as "dispensing organizations;" and WHEREAS, due to the historical prohibition of marijuana, the City of Delray Beach does not currently have any land development regulations governing the use of real property for the purposes of cultivating, processing, distributing, or selling marijuana, or related activities, and such uses are not permissible within the City; and WHEREAS, in order to promote effective land use planning if Amendment 2 passes, or if a dispensing organization should seek to operate within the City, the City Commission wishes to preserve the status quo while researching, studying, and analyzing the potential impact of Medical Marijuana Treatment Centers and dispensing organizations upon adjacent uses and the surrounding area, the effect of Medical Marijuana Treatment Centers and dispensing organizations on traffic, congestion, surrounding property values, demand for City services, and other aspects of the general welfare;and WHEREAS, the City Commission finds that a temporary moratorium on the operation of Medical Marijuana Treatment Centers and dispensing organizations will allow the City a sufficient period of time to determine what uses are best-suited to particular zoning categories and how best to formulate land development regulations that appropriately govern the use of real property for purposes of cultivating, processing, distributing, or selling marijuana, or related activities; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. The recitals above are true and correct and are incorporated into the findings of this Resolution as if set forth in full herein. Section 2. A temporary moratorium is hereby imposed on the operation of Medical Marijuana Treatment Centers and dispensing organizations within the corporate limits of the City of Delray Beach, Florida. While the temporary moratorium is in effect, the City shall not accept, process, or approve any application relating to the operation of a Medical Marijuana Treatment Center or dispensing organization. Nothing in the temporary moratorium shall be construed so as to prohibit the medical use of marijuana or low-THC cannabis by a qualifying patient as determined by a licensed Florida physician, pursuant to Amendment 2, Fla. Stat. § 381.986,or other Florida law. Section 3. For purposes of the temporary moratorium, the term "Medical Marijuana Treatment Center" means an entity that acquires, cultivates, possesses, processes (including development of related products such as food, tinctures, aerosols, oils, or ointments), transfers, transports, sells, distributes, dispenses, or administers marijuana, products containing marijuana, related supplies, or educational materials to qualifying patients or their professional caregivers, and is registered by the Florida Department of Health. The term "dispensing organization" means an organization approved by the Florida Department of Health to cultivate, process, and dispense low-THC cannabis pursuant to Fla. Stat. � 381.986. Section 4. This ordinance shall take effect immediately upon adoption. The temporary moratorium shall terminate one (1) year from the effective date of this ordinance, unless the City Commission rescinds or extends the moratorium by subsequent ordinance. In the event that Amendment 2 is not approved by Florida voters on November 41 2014, the temporary moratorium on the operation of Medical Marijuana Treatment Centers shall terminate immediately, but the temporary moratorium on the operation of dispensing organizations shall remain in effect in accordance with this section. Section 5. If any section, subsection, clause, or provision of this ordinance is held invalid, the remainder shall not be affected by such invalidity. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2014. ATTEST: MAYOR City Clerk First Reading Second Reading 2 ORD. NO. 33-14 w MEMORANDUM W TO: Mayor and City Commissioners FROM: Planning and Zoning Department THROUGH: Terry Stewart, Interim City Manager DATE: October 24, 2014 SUBJECT: AGENDA ITEM 10.C.-REGULAR COMMISSION MEETING OF NOVEMBER 18,2014 ORDINANCE NO.29-14(FIRST READING/FIRST PUBLIC HEARING) BACKGROUND On November 8, 2013, the City of Delray Beach and the Delray Beach Community Redevelopment Agency entered into an agreement with the Treasure Coast Regional Planning Council to review and update the city's Land Development Regulations for the Central Business District (CBD) areas including: the Central Core, the West Atlantic Avenue Neighborhood, and the Beach Area. The purpose of reviewing and revising the existing regulations is to clarify and provide greater predictability in the regulations and the process, articulate current priorities of the City and the CRA, and incorporate more Form-Based Code elements that emphasize the importance of the public realm. The agreement with TCRPC also includes the creation of architectural design guidelines that will be presented at a later date. Companion Ordinances The subject ordinance (Ordinance No. 29-14) ) to "repeal and replace" LDR Section 4.4.13 Central Business District is the Lirst of three (3) companion ordinances that are running concurrently. The purpose of the second ordinance (Ordinance No. 30-14) is to provide a clean-up to various sections of the LDRs necessitated as a result of the overall amendments included in the subject replacement ordinance. A third ordinance is presented that will change the zoning district designation for the two CBD-RC (Central Business District-Railroad Corridor) area-zoned properties to simply CBD. They will each maintain the same geographic areas and are simply undergoing a name change, and will be treated as a sub-district, consistent with the Beach, Central Core, and West Atlantic sub-districts. The current version of the replacement regulations reflects guidance that was given by the City Commission at their workshop held on October 14, 2014. Following are highlights of the Land Development Regulations revisions including the changes that have been made since the workshop which are reflected in the ordinance currently before the City Commission: a. Geographic regulations previously described by text are mapped for ease of use, including i. Properties required to have retail/restaurants on the ground floor ii. Areas where increased density may be requested iii. Areas in the West Atlantic Neighborhood appropriate for commercial uses iv. Boundaries of the Pineapple Grove Neighborhood Plan (which requires board review) V. The portion of Atlantic Avenue in the Central Core with special parking requirements for restaurants b. Building height is measured by number of stories and overall feet in height. The proposed maximum of 4 stories would allow flexibility up to 54' of height. The maximum is slightly higher to allow taller ceiling heights to facilitate adaptive re-use of buildings over time. C. All front setbacks are proposed at 10' min. (previous code had a 5' min. for commercial uses). d. New streetscape standards ensure a minimum width of 15' and organize landscaping and sidewalk areas. e. All buildings have a step-back at the top of the 3rd story (currently some streets require a step- back at the top of the 2nd story and 4th stories). f. A new requirement for Civic Open Space is added to create plazas, greens, parks, etc. in conjunction with redevelopment. g. Increases in height above 4 stories and 54 feet are no longer an option in the CBD. h. Projects requesting increased density will use a bonus program, which will be reviewed by SPRAB as a Class 5 with City Commission making the ultimate decision. i. The criteria for obtaining increased density retain the requirements for workforce housing and add requirements for green building practices. j. Bicycle parking requirements are added and vehicular parking requirements are slightly adjusted. The area along Atlantic Avenue with special parking requirements for restaurants has been expanded to the Intracoastal Waterway; parking requirements for hotels has been reduced; and professional office parking requirements are changed from 1:300 to 1:500 for office space less than 10,000 square feet. k. A traffic circulation study is required for large projects or projects which propose moving alleys; closing streets is not permitted. The Planning and Zoning Board reviewed the proposed amendment at a special meeting held on October 6, 2014 and recommended approval on a vote of 6 to 0. DISCUSSION The item before the City Commission is the consideration of a City-initiated amendment to the Land Development Regulations Section 4.4.13, Central Business District, to repeal and replace current regulations. TIMING OF THE REQUEST First reading of the subject item is to occur on November 18, 2014. If passed on first reading, the second reading will occur on December 2, 2014. RECOMMENDATION By motion, approve on first reading Ordinance No. 29-14, repealing and replacing Section 4.4.13, "Central Business District (CBD)", with new zoning regulations, by adopting the findings of fact and law contained in the Staff Report and finding that the request is consistent with the Comprehensive Plan. ORDINANCE NO. 29-14 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH; REPEALING AND REPLACING SECTION 4.4.13 "CENTRAL BUSINESS DISTRICT (CBD)" WITH NEW ZONING REGULATIONS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the Delray Beach Comprehensive Plan seeks to enhance Delray Beach's compact and vibrant downtown business districts from the Atlantic Ocean to Interstate 95 while retaining the distinctive character of each district; and WHEREAS, the City Commission seeks to update its land development regulations to ensure the highest quality built environment and enhance multi-modal mobility options; and WHEREAS, the existing land development regulations for the Central Business District need to be reorganized and substantially modified to make these regulations understandable to the public, predictable to landowners, and easier for the city to administer;and WHEREAS, prior to public hearings before the City Commission, all proposed amendments to the city's land development regulations must be reviewed by the Planning and Zoning Board pursuant to LDR Section 1.1.6. The Planning and Zoning Board reviewed these amendments at a public hearing held on October 6, 2014 and recommended on a vote of 6-0 that the City Commission approve these amendments. Pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined these amendments to be consistent with the Delray Beach Comprehensive Plan; and WHEREAS, the City Commission, at duly noticed public hearings on , 2014, and on , 2014, received and considered comments from the Planning and Zoning Board and from the public, and gave careful consideration to all aspects of this ordinance; and WHEREAS, the City Commission has determined it to be in the best interest of the City of Delray Beach that the land development regulations be amended as described in this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF DELRAY BEACH,AS FOLLOWS: Section 1. That Section 4.4.13 of the land development regulations, "Central Business District (CBD)," hereby deleted in its entirety and replaced with a new Section 4.4.13,which is set forth in Exhibit"A" to this ordinance and made a part hereof. For clarity, the deleted Section of 4.4.13 is attached hereto as Exhibit`B," and made a part hereof. 1 ORD.NO. 29-14 Section 2. That should any section or provision of this ordinance, or any paragraph, sentence, or word thereof, be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder of this ordinance as a whole or part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4. That this ordinance shall become effective upon its adoption on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this day of , 2014. MAYOR ATTEST: City Clerk First Reading: Second Reading: 2 ORD.NO. 29-14 EXHIBIT A SECTION 4.4.13 DRAFT: 10/24/14 Section 4.4.13 Central Business (CBD) District: (A) Purpose and Intent: The Central Business District (CBD) Zone r District is established in order to CCU preserve and protect the cultural and historic aspects of downtown Delray p �B g Beach and simultaneously provide for �J N AM the stimulation and enhancement of the B vitality and economic growth of thisx , special area. Establishment of the CBDo - 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, 4.4.13-3, 4.4.13-4 provide for development that is consistent with the adopted Downtown Delray Beach Master Plan. VFlERANS z A ANTIC PAxK (1) Central Core Sub-District: The AZ" regulations are intended to result in WE LN development that preserves the ATLANTIC E U E downtown's historic moderate scale, 11111 while promoting a balanced mix of uses y y 4 O that will help the area evolve into a Q 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. � ors w A Figure 4.4.13-1 —Central Core Sub-district 4.4 - 58 SECTION 4.4.13 (A) DRAFT: 10/24/14 (2) Beach Sub-District: The goal for this sub-district 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. w z LOWRY STREET MANOR HOUSE U w ° Z FIRE DELRAY STA. "PARKS SUMMIT w a GROVE CONDO W CONDO + �D p �C Q }— N � O BARR w TERRACE 0 fOTT Q CONDO W ESlDENC °DELRAY BEACH " !NN a MARRIOTT A T L A N T I C A V E N U E w Q WATERWAY EAST a COMMERCIAL I— CONDO a a z a F is z ° ? z BAR Ln 0 n w m O HARBOUR rr U CONDO ° Q MIRAMAR ® DRIVE 4 3 � z q DOVER HOUSE CONDO z ¢ OCEAN PLA a CONDO p Figure 4.4.13-2— Beach Sub-district 4.4 - 59 SECTION 4.4.13 (A) DRAFT: 10/24/14 (3) West Atlantic Neighborhood Sub-district: The goal for this sub-district 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. Figure 4.4.13-3—West Atlantic Neighborhood Sub-district Y I PARK CITY ATTORNEY ppmr=w� ° BU)LOING 2ND 5T. MARTIN LU KING A. DNlY2 N 3 ST E CITY HALL N.W. I5T ST. 3 ; } Z i z coMMUrrrrr CENTER EIRE RESCUE DEPT 7FNNIS ®�O S7A710N S7AOIU M MOOD N0.1 A UE A T L A N T I C A V E N U F WAY POLICE SOUTH Luli EPTMENT COUNTY COMPLEX COURT HOUSE E1 ST. G.W 15T OC K Y .W. 2ND 4T S.E. 4.4 - 60 SECTION 4.4.13 (A) DRAFT: 10/24/14 (4) Railroad Corridor Sub-district: The goal for this sub-district is to d�` N.E 5TH CT. Pusux NE. allow for development of light industrial type uses on properties N.E. 5TM ST. that are in the downtown area but =4z AA are in close proximity to the FEC railroad. The purpose of the area is - RC to recognize the long-standing light _ industrial character of this railroad a a corridor; to provide for the upgrading ® o W and expansion of existing uses _ when appropriate; and to enhance NE. 3No in rum the economic growth of the central business district by providing a employment opportunities in the downtown area. This sub-district is w z comprised of two nodes, one in NE 2No northern part of the CBD and one in 0 the southern part of the CBD, as shown in Figure 4.4.13-4. z 0 m a S.E. 2N6 S.E. 2N9 Z o � z S 3R0 Cz Q ELI _ r a O N S 4TH ION w z y w ¢ 595 5E, 5TH ST. TEEN CEN7ER sE. sTN sr. ST. Z 4 wj Q �• Figure 4.4.13-4 - Railroad Corridor Sub-district 4.4 - 61 SECTION 4.4.13 (B) DRAFT: 10/24/14 (B) Regulating Plans. The Delray Beach Central Business District Regulating Plans depict additional information necessary to apply the standards contained in this Section and are hereby officially adopted as an integral part of these regulations. A Regulating Plan for each CBD Sub-District is provided in this section and versions at larger scales are available in the Planning and Zoning Department. The Regulating Plans depict the following information: (1) Primary and Secondary Streets and Alleys. Primary Streets are intended to develop over time as superior pedestrian environments and, as such, are held to higher standards in the regulations regarding building placement, building frontage, and the location of parking and service uses. Streets not designated as Primary Streets are considered Secondary Streets, which can accommodate service functions and vehicular-oriented development needs, including parking, loading, and drive-through facilities. Alleys are important assets in the CBD, performing many functions within small rights-of-way. (2) Required Retail Frontage. Certain streets within the CBD are intended to be lively, highly active pedestrian environments that support businesses and reinforce local character. Streets designated as Required Retail Frontage are held to stricter standards regarding allowable frontage types and uses located within side-walk level stories. (3) Parking and Transit Locations. The locations of public parking garages and the planned Tri-Rail Coastal Link station are mapped on the Regulating Plan. Parking requirements may be adjusted based on the proximity to these transportation resources. In addition, the Atlantic Avenue Parking Area is mapped, which has special parking requirements for restaurant and lounge uses. See Section 4.4.13(I). (4) Density Bonus Areas. The Density Bonus Program allows increased density in certain areas of the CBD, subject to additional standards and certain location criteria (Section 4.4.13(H)). Properties located within the West Atlantic Neighborhood Sub-district are eligible to use the program. Properties in the Central Core and Railroad Corridor Sub-districts that are eligible for increased density are mapped on the Regulating Plans. Properties located within the Beach Sub-district are not eligible for increased density. (5) West Atlantic Neighborhood Commercial Area. The location of commercial uses is limited within the West Atlantic Neighborhood Sub-district to protect established residential areas from commercial intrusion. (6) Old School Square Historic Arts District (OSSHAD) Zoning with CBD Overlay. Properties with OSSHAD Zoning with CBD Overlay may follow the Central Core Sub-district development standards for principal and accessory uses only and may not apply for conditional uses or to participate in the Density Bonus Program in Section 4.4.13(H). 4.4 - 62 1■ ■ ■1" �IIIII�■ �� ■ s 1 ■ ■�■-1 EM 1�� ■1111— IS I� w • • ' . • -all■■111■ = '■ ! , � 77i- .■� I -• _ :iii€ � �_ ■ _� _■_�_ � ■ !� _ �■ :� 1 ■ ro T Ti MIN SAM E IS MEW HIM ■■ iiC : �_ ■■�■■LL■i �: ■ ■■1■ N.E. 2H D STPEET SIN =1 ■■ -!■ !� �� _■ ± �- =nisi■ ��i■� ■ ■ �- ¢' NE 15T INN ■= :' _ ��„ ■=.r :ice �� =� .: A T L A N T I C A V E N U�E� r A T f. A N7 I C A V E N U E m ■■ ■ i �f�� — — �� III — ��fff !'ai:'-??= yam■ _MI ow =F� = _L.. —■ —■_—■ ■a 1 -- iota■. .®.. 0. mus Moo _ S.E. 2ND Sfp ET mm �■ ;� �� ■— ■ ■_ ■11111 ■■■■� WIFN IN NINON ■ ■1 ■ — r -_■■11��Wiis4r�)�i7:i -IM SEA SECTION 4.4.13 (B) DRAFT: 10/24/14 Figure 4.4.13-6—West Atlantic Neighborhood Sub-district Regulating Plan PARK CfTY ATTORNEY � 8UIL01NC 2ND ST. MARTIN LU MG JR. DRIVE 1 0 1 _J ST E a rr r—— HALL N.w. Isr sT. } i — 3 3 3 � COMMUNITY CENTER F1kL RESCUE DEPT. --- TENNIS STATI I ON NO. STApfUM Wri7�yu"' V SWAY POLICE SOUTH PAHIFS OEPTMENT COUNTY —� -- -- -- — — COMPLEX COURT a S HOUSE E! ST. S.W. 1ST 9 € E w a 3 �LLT:1 LEGEND CBD ZONING WEST ATLANTIC NEIGHBORHOOD r —I WEST ATLANTIC NEIGHBORHOOD COMMERCIAL AREA L----J REQUIRED RETAIL FRONTAGE — PRIMARY STREETS G PUBLIC PARKING GARAGE 4.4 - 64 SECTION 4.4.13 (B) DRAFT: 10/24/14 Figure 4.4.13-7— Railroad Corridor Sub-district Regulating Plan N.E. 5TH CT. PuRox N.E. �S Ewa _ t1 ST. WAL- � WA1i ' HC 3 3 z a i ® o � N.E. 3RD L Li N.E. 2ND Z JULE �d 0 E011L O p o N O 2 S.E. 2ND E. 2ND Z O � H Z C IV E Shi LID FT a 505 sE_ 5M Sr, TEEN CENTER S.E. 6TN ST. a FT Z vl LEGEND CBD ZONING RAILROAD CORRIDOR r , RAILROAD CORRIDOR DENSITY BONUS AREA L----J PINEAPPLE GROVE NEIGHBORHOOD PLAN 4.4 - 65 SECTION 4.4.13 (C) DRAFT: 10/24/14 (C) Allowable Uses (1) Principal, Accessory, and Conditional Uses. Table 4.4.13(A) identifies the allowable principal, accessory, and conditional uses for each area of the CBD. See Section 4.4.13(J) for approval standards. Streets designated as "Primary Streets" or "Required Retail Streets" on the Regulating Plan have additional standards. (2) Use Variations for Primary and Secondary Streets. Primary Streets are intended to be superior pedestrian environments and, as such, are held to higher standards regarding the location of certain uses, including parking. The Regulating Plan designates certain streets as "Primary Streets" and all other streets are considered to be "Secondary Streets." (a) Where a principal or accessory use does not have an "S" in Table 4.4.13(A), the use is permitted on both Primary and Secondary streets. (b) Where a principal or accessory use in Table 4.4.13(A) has an "S" in the column, the use is a "Secondary Street" use. 1. Secondary Street uses are permitted without limitations on Secondary Streets. 2. On Primary Streets, Secondary Street uses (including parking garage levels) shall be lined along the street for a depth of at least 20 feet on all stories by a use permitted on all streets (see Figure 4.4.13-8). 3. On Primary Streets, Public Parking Garages (as mapped on a regulating plan) shall be lined along the sidewalk level for a depth of at least 20 feet by a use permitted on all streets; a use liner is not required on upper levels. (c) The standards for Conditional Uses are in Section 4.4.13(K). 4.4 - 66 SECTION 4.4.13 (C) DRAFT: 10/24/14 Figure 4.4.13-8— Primary & Secondary Street Uses Primary Street Uses Secondary Street Uses PL PL I I Parking Resldential i 3rd story ___________ j-- ----- 3rd story j Resldential Parking Office 2nd story ----- ____ L_ Parking — ------ — 2nd story Office Retail I 1st story ----- r— Parking 1s!story Parking 20'Mln PRIMARY SECONDARY STREET STREET ® Use Permitted on All Streets ® Use Permitted on All Streets ® Secondary Street Use ® Secondary Street Use (3) Use Limitations on Required Retail Frontages. Streets designated on the Regulating Plan with Required Retail Frontage are intended to be lively, highly active pedestrian environments that support businesses and reinforce local character. Properties on streets designated with Required Retail Frontage have use and frontage type standards that apply to the sidewalk level story. (a) All Districts. 1 . Residential units, including multi-family and live-work, are not permitted in the sidewalk-level story on streets with Required Retail Frontage. 2. On Required Retail Streets, buildings shall use either a Storefront or Arcade frontage type (See Section 4.4.13(E)). (b) Central Core and Beach Sub-districts. 100% of the building frontage of the sidewalk level story shall be for the following uses (as described in Table 4.4.13(A)), for a minimum depth of 20 feet: 1 . General retail uses and/or facilities, except that sales of automotive parts, lawn care equipment, or second hand material (other than verifiable antiques) are not permitted. 2. Services and facilities 3. Hotels, motels, or residence-type inns 4.4 - 67 SECTION 4.4.13 (C) DRAFT: 10/24/14 (c) West Atlantic Neighborhood Sub-district 1 . At least 50% of the building frontage of the sidewalk level story shall be for the following uses (as described in Table 4.4.13(A)), for a minimum depth of 20 feet: a. General retail uses and/or facilities, except that sales of automotive parts, lawn care equipment, firearms, or second hand material (other than verifiable antiques) are not permitted. b. Services and facilities c. Hotels, motels, or residential-type inns as a Conditional Use 2. Up to 50% of the building frontage of the sidewalk level may be for business, professional, and medical uses; more than 50% may be approved as a Conditional Use. 4.4 - 68 SECTION 4.4.13 (C) DRAFT: 10/24/14 Table 4.4.13(A)-Allowable Uses in the CBD Sub-Districts West Central Railroad Beach Neigh.' N ' Core Corridor Area Neigh. General retail uses and/or facilities,as in GC district(4.4.9)'z P P P P Business,professional,and medical uses,as in GC district(4.4.9) P P P P Services and facilities,as in GC district(4.4.9) P P P P Multiple-family dwellingS3,including residential licensed service provider facilities P P P P Assisted living facilities,nursing homes,and continuing care facilities P P P P Live/work units(see 4.3.3(KKK)) P P P P Hotels,motels,and residential-type innS3(see 4.3.3(M)and 4.3.3(X)) P P P C Bed and breakfast inns(see 4.3.3(Y)) P P P C Public Parking Garages,as mapped on a Regulating plan P,S P,S P,S P,S Fabrication and/or Assembly - P - Wholesaling,Storage,and Distribution - P - Contractor and trade services - P - Automobile brokerage,including vehicle display within an enclosed structure - P - Family day care homes(see 4.3.3(T)) A A A A Home occupations(see 4.3.3(K)) A A A A Mechanical parking lifts(see 4.6.9(D)(11)and 4.6.9(F)(4)) A,S A A,S A,S Parking areas and refuse and service areas A,S A A,S A,S Recreational facilities(for a multiple-family complex) A A A A Services and repair(incidental to the principal use) A,S A A,S A,S Single-family dwelling(occupied by owner, proprietor,or employee of the principal use) A A A A Storage of inventory(not shared or leased independent of the principal use) A,S A A,S A,S Automobile repair _ C Child care and adult day care facilities(see 4.3.3(E)) C C C C Commercial recreation,such as bowling alleys and skating rinks C C C C Community residential homes(see 4.3.3(1)) C C C C Drive-through facilities(serving banks,restaurants,retail uses,etc.) C C C C Food Preparation and/or Processing - C - - Flea markets,bazaars,and similar retail uses C C C C Funeral homes,including accessory uses such as a chapel or crematory C C C C Gasoline stations and/or car washes C C - - Group homes,Type 2 only(see 4.3.3(1)) C C C C Large family child care homes(see 4.3.3(TT)) C C C C Dry-cleaning Processing Plants - C - - Segway tours and Segway sales(see 4.3.3(=)) C C C C Theaters,excluding drive-ins C C C C Veterinary Clinics C C C C 24-hour or late-night businesses,within 300'of residential property(see 4.3.3(W)) C C I C I C LEGEND: P=Principal Use A=Accessory Use C=Conditional Use -=Prohibited Use S=Secondary Street Use 1 Sales of automotive parts, lawn care equipment, firearms, or second hand material (other than verifiable antiques) are not allowed on properties facing a street designated as a Required Retail Street on the Regulating Plan or in the West Atlantic Neighborhood. 3 See Section 4.4.13(C)(4)(c)for limitations on the rental of sporting goods and equipment. 3 For density limits,see Section 4.4.13(D). a Not self storage facilities; products and materials shall not exceed 55 gallons of any substance which is listed on the Generic Substances List of the Palm Beach County Wellfield Protection Ordinance(Ref.: Palm Beach County LDC,Article 9,Section 9.3) a See Section 4.4.13(C)(4)(a) for limits on Commercial use locations in the West Atlantic Neighborhood Sub-district 4.4 - 69 SECTION 4.4.13 (C) DRAFT: 10/24/14 (4) Supplemental Use Standards. (a) Sporting Goods/Equipment Rentals. 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). (b) Worker Transport/Assembly Points. 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. (c) West Atlantic Neighborhood District Supplemental Use Standards: The following supplemental district regulations apply in the West Atlantic Neighborhood Sub-district: 1 . West Atlantic Neighborhood Commercial Area. Commercial structures are allowed on NW 5th Avenue, SW 5th Avenue, and may extend up to 150 feet from Atlantic Avenue. Accessory uses such as parking areas, landscaping, and drainage retention areas may extend beyond the 150 foot limit. Full service grocery stores may extend beyond the 150 foot limit with approval by the SPRAB of a site plan design that ensures compatible transitions between commercial and residential areas. Establishment or expansion of other 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). The West Atlantic Neighborhood Commercial Area is mapped on the West Atlantic Neighborhood Regulating Plan. 2. There is no restriction on repair and/or reconstruction of non- conforming single family residences located a minimum of 150 feet from Atlantic Avenue. (d) Railroad Corridor District Supplemental Use Standards: Within the Railroad Corridor Sub-district, except for outside storage approved pursuant to Section 4.6.6(C)(2), all principal and conditional uses shall be conducted within an enclosed building. 4.4 - 70 SECTION 4.4.13 (D) DRAFT: 10/24/14 (D) Configuration of Buildings: (1) Standards for CBD Generally. The following building configuration standards apply to all CBD Sub-districts:. (a) Building Height. Unless otherwise specified herein, the height of buildings shall be measured in and regulated by the number of stories and the maximum overall building height. The number of stories is regulated for each CBD Sub-district (See Table 4.4.13(C)). Increasing the maximum number of stories allowed may not be approved as a waiver. Stories are measured from the finished floor to finished ceiling. See Figure 4.4.13-10. 1 . Maximum overall building height in feet is 54 feet. For the purposes of this section, height is measured from the average crown of road or the FEMA published minimum finished floor elevation (whichever is greater) to the highest finished roof surface of a flat roof or the soffit of a gable, hip, or gambrel roof. 2. Stories located below grade are for parking or storage uses only and are not counted for the purpose of measuring building height. If the floor of the first habitable story is elevated more than four feet above the adjacent sidewalk, the space below counts as the first story for the purposes of measuring building height. 3. The ground story of commercial or mixed-use buildings shall be a minimum of 12 feet tall. 4. The ground story of residential buildings shall be a minimum of 10 feet tall. 5. Each story above the ground story in all buildings must be at least nine (9) feet tall. 6. Mezzanines that exceed the percentage of floor area for a mezzanine defined in the Florida Building Code are counted as stories for the purpose of measuring height. 7. Each parking garage level exposed to a street or civic open space shall be counted as a story for the purposes of measuring height. Parking levels fully concealed from view by a story containing an active use (i.e. retail, residential, office) are not counted as stories for the purpose of measuring height. See Figure 4.4.13-9. 8. Within the Central Core, Railroad Corridor, and Beach Sub-districts, residential units must have the floor of the first habitable story 4.4 - 71 SECTION 4.4.13 (D) DRAFT: 10/24/14 elevated at least 18 inches above the adjacent sidewalk. Within the West Atlantic Neighborhood Sub-district, residential units must have the floor of the first habitable story elevated at least 12 inches above the adjacent sidewalk. Lobbies and common areas in multi-unit or mixed-use buildings may have a lower ground floor finish level. 9. Flat roofs shall be enclosed by parapets which shall conform to the standards in Section 4.3.4(J)(3)(c). Green roofs are encouraged. 10. Mechanical equipment necessary to the operation or maintenance of the building such as, but not limited to, elevator, stair, and mechanical rooms, cooling towers, vent stacks and antennae shall be screened in such a manner that the enclosure is an integral part of the overall building design, provides a balanced and graceful silhouette, and ameliorates the visual impact from adjacent buildings. Minor features not exceeding one foot in height shall be exempted from this regulation. 11. Architectural features including church spires, steeples, belfries, and cupolas are not limited by story height. Figure 4.4.13-9—Counting the Number of Stories 3-Story Building 3-Story Building 4 Fully Concealed Parking Levels Parking Level Exposed to Secondary Street PL PL I � ___________ I Resldentlal I 3rd story -I Parking i r- j-- ------- 3rd story I Residential rll�Parking Office 2nd story _____ L_ Parking - ------ ---- 2nd story Office Retail i 1st story --- Parking 1st story I Parking STREET SECONDARY STREET ® Active Use ® Active Use ® Parking ® Parking 4.4 - 72 SECTION 4.4.13 (D) DRAFT: 10/24/14 Figure 4.4.13-10-Measuring Building Height PL PL A AD E A I I I D I D I A D i A D I C B I I I I Commercial Residential Table 4.4.13(B) Building Height A Maximum Number of Stories 4 A Maximum Overall Building Height 54 ft. B Ground Floor Finish Level Commercial Uses 6" max. Residential Units 18" min. C Ground Story Height Commercial and Mixed-Use Buildings 12 ft. min. Residential Buildings 10 ft. min. D Upper Story Height 9 ft. min. E Additional Setback Above 3rd Story 10 ft. min. 4.4 - 73 SECTION 4.4.13 (D) DRAFT: 10/24/14 (b) Building Placement. 1. Front setbacks shall be measured from the property lines coinciding with public rights-of-way, including streets and parks. a. Awnings, porches, balconies, stoops and arcades may encroach into the setbacks as set forth in Section 4.4.13(E). b. Roof Eaves may encroach into the setbacks a maximum of four feet (4'). Figure 4.4.13- 11 -Building Frontage Requirement j A+B=Total Building Frontage j I I I A B I I I I I I I Civic v,..:'. .:.'.:. L._. _ _ Front Setback — —.—.—.—.... �- 2. Where development may build with no side setback, the following limitations also apply: a. Side setbacks are required only when an abutting a residential zoning district or a property with a building existing as of the effective date of this ordinance [date] with windows facing the adjoining lot line. Then, new development shall setback to provide at least 10 feet of separation between the existing and new buildings. b. All light and air shafts, including those necessary per the percentage of openings on building fagades, shall be provided within the property. c. Buildings taller than three stories in height have additional setback requirements for the upper stories, as described in Section 4.4.13(D)(2). 4.4 - 74 SECTION 4.4.13 (D) DRAFT: 10/24/14 (c) Frontage Percentages. Building frontage is the percentage of the total width of a lot minus the required setbacks, which is required to be occupied by the primary facade of a building. Building frontage requirements are set forth in Table 4.4.13 (C) for each CBD Sub-district. 1 . The primary facade shall be generally parallel to the right-of-way, located in accordance with the minimum and maximum front setback requirements of the zoning district. 2. The location of the primary facade is not changed by the projection of architectural elements such as cornices, bay windows, awnings, porches, balconies, stoops, or arcades. 3. The primary facade may adjust around a Civic Open Space that meets the requirements in Section 4.4.13(G) as shown in Figure 4.4.13-11 . 4. On corner lots, the primary facade shall extend from the corner to ensure that new development (or civic open space) defines the corner. (d) Minimum Floor Area for Dwelling Units. 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). (e) Other Standards. Other standards also apply in CBD sub-districts: 1 . Frontage Standards are in Section 4.4.13(E). 2. Architectural Standards are in Section 4.4.13(F). 3. Civic Open Space Standards are in Section 4.4.13(G). 4. Density Bonus Program is in Section 4.4.13(H). 5. Parking Standards are in Section 4.4.13(1). 6. Review and Approval Process is in Section 4.4.13(J) 4.4 - 75 SECTION 4.4.13 (D) DRAFT: 10/24/14 (2)Dimensional Requirements for CBD Sub-districts. Table 4.4.13(C) provides the dimensional requirements regarding lot size, building placement, building size, height, density, and civic open space for each CBD Sub-district. Figure 4.4.13-12 illustrates the dimensional requirements from the table. (a) Buildings shall be located in accordance with the minimum and maximum setbacks in Table 4.4.13(C). 1. The front setback or side setback facing a street or park is a minimum of 10 feet and a maximum of 15 feet, which is coordinated with streetscape requirements in Section 4.4.13(E)(2). 2. Minimum rear set back is 10 feet and minimum side setbacks are 0 feet. Side lot lines adjoining alleys are regulated by rear setbacks. 3. Buildings over three stories in height are subject to additional setback requirements in order to ensure architectural articulation and reduce the impact of taller building heights. a. At the top of the third story, front and rear setbacks are 20 feet minimum. b. With approval from the SPRAB, building entries, lobbies, and vertical circulation areas located above the third story may not be required to increase the setback to 20 feet, if configured as tower elements determined to be consistent with the Delray Beach Architectural Design Guidelines. 4. Where the rear or side of a property directly abuts a residential zoning district with a height limitation of thirty-five feet (35') without any division or separation between them of thirty feet (30') or more, such as a street, alley, railroad, waterway, park, or other public open space; the following shall apply: a. For buildings or portions of buildings three stories or less in height, a minimum side set back of ten feet (10') from the property line shall be provided. b. At the top of the third story, minimum side and rear building setbacks of 30 feet shall be provided from the property line for the portion of the building that is over three stories in height. c. A solid finished masonry wall six feet in height, or a continuous hedge at least 4-1/2 feet in height at the time of installation, shall be located inside and adjacent to the portion of the boundary line of the CBD-zoned property which directly abuts the residentially zoned property. Walkways and other pedestrian or bicycle 4.4 - 76 SECTION 4.4.13 (D) DRAFT: 10/24/14 connections shall be placed through the wall or hedge if they provide links identified on any adopted bicycle and pedestrian master plan or if SPRAB determines they would promote desirable connectivity between properties. 5. On Primary Streets, the minimum building frontage is seventy-five percent (75%) and the maximum frontage is a hundred percent (100%). On Secondary streets, minimum building frontage is not required and the maximum building frontage is a hundred percent (100%). 6. Buildings with more than 250 feet of street frontage shall provide a pedestrian/bicycle passageway at least 10 feet wide connecting rear alleys and/or parking to the public sidewalk. The passageway shall have transparent windows covering at least 20 percent of the wall area and the incorporation of storefront windows is encouraged. 4.4 - 77 SECTION 4.4.13 (D) DRAFT: 10/24/14 Table 4.4.13(C) Dimensional Requirements by CBD Sub-district Central Core Railroad Beach West Atlantic Corridor Neighborhood Lot Size Lot Width 20 ft. min. 20 ft. min. 20 ft. min. 20 ft. min. Lot Area 2000 sf. min. 2000 sf. min. 2000 sf. min. 2000 sf. min. Building Placement A Front Setback' 10 ft. min./ 10 ft. min./ 10 ft. min./ 10 ft. min./ 15 ft. max. 15 ft. max. 15 ft. max. 15 ft. max. B Side Setback' 0 ft. min.2 0 ft. min.2 0 ft. min.2 0 ft. min.2 C Rear Setback 10 ft. min. 10 ft. min. 10 ft. min. 10 ft. min. B C Side Setback Abutting Res. District; 15t to 3rd Story 10 ft. min. 10 ft. min. 10 ft. min. 10 ft. min. B C Side/Rear Setback Abutting Res. District Above 3 rd Story 30 ft. min. 30 ft. min. 30 ft. min. 30 ft. min. Front and Rear Setbacks D Above 3rd Story 20 ft. min. 20 ft. min. 20 ft. min. 20 ft. min. E Building Frontage Required 75% min./ N/A 75% min./ 75% min/ on Primary Streets 100% max. 100% max. 100% max. Building Height Min. Number of Stories on Primary 2 Stories 1 Story 2 Stories 1 Story Streets Max. Number of Stories 4 Stories 4 Stories 4 Stories 4 Stories Max. Overall Building Height 54 ft. 54 ft. 54 ft. 54 ft. Density Max. Density 30 du/ac 30 du/ac 12 du/ac 12 du/ac Max. Density using Density Bonus du/ac du/ac N/A 30 du/ac Program — — Civic Open Space Requirement Sites smaller than 20,000 sq.ft. 0% 0% 0% 0% Sites Between 20,000 and 5%of area 5% of area 5%of area 5%of area 40,000 sq. ft. above 20,000 above 20,000 above 20,000 above 20,000 5%of area 5%of area 5%of area 5%of area Sites Greater than 40,000 s ft. above 20,000 above 20,000 above 20,000 above 20,000 + q' +7%of area +7%of area +7%of area 7%of area above 40,000 above 40,000 above 40,000 above 40,000 N/A is"Not Applicable" ' Side lot lines facing streets are regulated by front setback requirements. Side lot lines along alleys are regulated by rear setbacks. 2 All light and air shafts shall be provided within the lot. See Section 4.4.13(D)(1)(b)(2). s See Density Bonus Program in Section 4.4.13(H)for location criteria and performance criteria. 4.4 - 78 SECTION 4.4.13 (D) DRAFT: 10/24/14 Figure 4.4.13-12—Building Placement and Configuration & Street Types B B O O A eel l% o��s�r q S10t6et 190/ 15l1 196" Qt1�a� Sec,00 A Front Setback & Sides Facing Streets A Front Setback& Sides Facing Streets B Interior Side Setback B Interior Side Setback C Rear Setback C Rear Setback D Front Setback Above 3rd Story D Front Setback Above 3rd Story E Required Building Frontage E Required Building Frontage B B D F .o,'�i F P' _ © Arm F �' � •• A teed A Front Setback& Sides Facing Streets A Front Setback& Sides Facing Streets B Side Setback B Side Setback C Rear Setback C Rear Setback D Front Setback Above 3rd Story D Front Setback Above 3rd Story E Required Building Frontage E Required Building Frontage F Setback Relief Granted by SPRAB for F Civic Open Space Tower Element 4.4 - 79 SECTION 4.4.13 (E) DRAFT: 10/24/14 (E) Frontage Standards, Frontage Standards define architecture and design components for the entrance(s) to buildings and the area between building facades and streets. Building setbacks and other development standards are coordinated with street cross-sections to ensure a superior public realm results, improving both the overall visual appearance and multi-modal uses of downtown streets. (1) Frontage Standards and Allowable Uses. The use of the ground story is an important factor in streetscape design and appropriate frontage types. For the purposes of Frontage Standards, unless otherwise specified, residential uses are single-family homes, townhomes, multiple family dwellings, assisted living facilities, nursing homes, continuing care facilities, community residential homes, group homes, and large family childcare homes and live/work uses. All other uses are considered to be "commercial uses" for the purposes of this section. (2) Streetscape Standards. Front setback areas, which include side setback areas facing streets, shall be detailed to augment public right-of-way design, to establish shaded, continuous routes for pedestrians, and to organize landscaping and other elements to ensure a superior public realm. (a) Minimum Streetscape Width. The combination of public sidewalk (located within the right-of-way) and hardscape (located in front setback areas) shall provide a minimum streetscape area no less than 15 feet in width, measured from the back of curb The streetscape area shall be organized as follows: 1. Curb Zone. The curb zone is at least five feet wide, measured from the back of curb (See Figures 4.4.13-13 and 4.4.13-14). This zone accommodates street trees and public infrastructure needs such as utility poles, street lights, street signs, parking meters, etc. 2. Pedestrian Clear Zone. A pedestrian clear zone at least six feet (6) wide shall be provided on all streetscapes (See Figures 4.4.13-13 and 4.4.13-14). Any portion of the pedestrian clear zone within the front setback area shall serve as an extension of the public sidewalk and shall match the public sidewalk in design and material, providing a seamless transition. In areas of higher pedestrian traffic or activity or if conditions are such that additional clearance is required to ensure safe pedestrian travel (e.g., if the sidewalk adjoins a vehicular travel zone without separation by a parking lane), a clear zone up to eight feet (8') wide may be required. The Planning and Zoning Director in consultation with the Director of Environmental Services will determine the required pedestrian clear zone. 3. Remaining front setback area. The remaining front setback area within the minimum 15' wide streetscape shall be detailed appropriately for the ground story use of the building (See Figures 4.4.13-13 and 4.4.13-14): 4.4 - 80 SECTION 4.4.13 (E) DRAFT: 10/24/14 a. Commercial Uses. Buildings with retail or commercial uses in the ground story shall detail and design any remaining front setback area within the 15 ft.-wide minimum streetscape area using a hardscape design. This portion may be used to accommodate outdoor dining areas, subject to Section 6.3. Landscaping comprised of plants in removable planters, palms, and/or ground planting may be installed adjacent to the building provided it does not obstruct views into storefront windows. b. Residential Uses. Buildings with residential uses in the ground story shall detail and design any remaining front setback area within the 15 ft.-wide minimum streetscape area using hardscape or foundation planting landscaping. The encroachment of porches or stoops in this area may be permitted, pursuant to Section 4.4.13(E)(4). (b) Street Trees. Street trees are intended to provide a shaded environment for the pedestrian, provide a physical separation between pedestrians and vehicles, and improve the overall visual appearance of the street. 1. All new construction, relocation of a building, or addition equal to or greater than 20% of the gross floor area of an existing building shall install street trees at the time of development. Street trees shall be a canopy species, planted in the public right-of-way directly in front of the property line(s), uniformly spaced no greater than 30 feet on center. Spacing of trees may only exceed 30 feet in order to accommodate curb cuts, fire hydrants, utilities, existing trees, and other infrastructure elements. Palm varieties may be used at corners, crosswalks, or to accent building entrances and may be permitted in lieu of shade trees when physical conditions may prevent the proper growth of shade trees, as determined by the Planning and Zoning Director in consultation with the Environmental Services Director. Consistency in street tree species shall be established on both sides of the street along each block. The first to develop shall establish the species with approval from the Planning and Zoning Director in consultation with the Environmental Services Director. 2. Street trees shall be located in the curb zone of the streetscape, in order to separate pedestrians from vehicular lanes and to provide room for tree canopies. Street trees may be planted in planting strips, landscaped planters or tree grates with approval from the Planning and Zoning Director in consultation with the Environmental Services Director. 4.4 - 81 SECTION 4.4.13 (E) DRAFT: 10/24/14 3. All trees shall be Florida Grade #1 or better and satisfy the following standards at the time of planting: a. Canopy species: Minimum 14 feet in height with a clear trunk space of six feet and a spread of no less than eight feet. b. Palm trees: Minimum 18 feet in height, with a clear trunk space of eight feet. 4. In the event that site constraints such as utility easements prevent the installation of required street trees, removable planters of small palms and small shrubs, vines or seasonal flowers shall be installed. In addition, the building shall provide devices such as awnings or roof overhangs to establish a shaded pedestrian environment. 4.4 - 82 SECTION 4.4.13 (E) DRAFT: 10/24/14 Figure 4.4.13-13 Commercial Use Streetscape A B C 15'-0" Min Signage Street Tree On-street Parking Public Sidewalk Outdoor Seating WA Street Lights C 15'-0" Min A- Curb Zone B- Pedestrian Clear Zone • C- Remaining Front Setback Area 4.4 - 83 SECTION 4.4.13 (E) DRAFT: 10/24/14 Figure 4.4.13 -14 Residential Use Streetscape A B C 16-0" Min Signage Street Tree On-street Parking Public Sidewalk Stoop and • Landscape Area Street Lights A B LC A-Curb Zone 16-0" Min B- Pedestrian Clear Zone • C- Remaining Front Setback Area 4.4 - 84 SECTION 4.4.13 (E) DRAFT: 10/24/14 (3) Building Entrances. The main entrance to every building shall be accessible directly from and face a public right-of-way or civic open space. The main entrance(s) to ground story commercial space(s) shall be directly from and face a public right-of-way or civic open space. Doors allowing public access shall occur at intervals no greater than 75 feet. (4) Frontage Types. Frontage Types define architectural characteristics for the detailing of building entrances. Six distinct frontage types have been identified, which are appropriate for different uses. Table 4.4.13 (D) identifies the frontage types appropriate for each use by an "X". Using one or more of frontage types identified is required. Table 4.4.13(D) Frontage Types per Use Porch Stoop Bracketed Forecourt Storefront Arcade/ Balcony Colonnade Commercial X X X X X Residential X X X X Live/Work X X X X X X Townhomes and X X X Single-Family Houses 4.4 - 85 SECTION 4.4.13 (E) DRAFT: 10/24/14 (a) Porch. A porch is an open-air structure attached to a building forming a covered entrance large enough for comfortable use as an outdoor room. Table 4.4.13(E) provides the dimensional requirements and the maximum encroachment allowed, provided porches do not encroach into the minimum required curb zone or pedestrian clear zone as described in Section 4.4.13(E)(2). Figure 4.4.13-15 illustrates the dimensional requirements from Table 4.4.13(E). Figure 4.4.13-16 provides a character example. Table 4.4.13(E) Dimensional Requirements for Porches Minimum Maximum A Building Setback 10 ft. 15 ft. B Depth 8 ft. 12 ft. C Width 40% Facade 100% Facade D Floor Elevation .5 ft. 4 ft. Allowable Encroachment' - 8 ft. May not encroach into the curb zone or pedestrian clear zone (See Section 4.4.13(E)(2)) Figure 4.4.13-15 Figure 4.4.13-16 Porch Frontage Type Porch Character Example 'I c i.. s . Ad A k, 4.4 - 86 SECTION 4.4.13 (E) DRAFT: 10/24/14 (b) Stoop. A stoop is a small staircase leading to the entrance of a building that may be covered. The elevation of the stoop is necessary to ensure privacy for residential uses in the ground story of buildings. Stoops should provide sufficient space for a person to comfortably pause before entering or after exiting the building. Table 4.4.13(F) provides the dimensional requirements and the maximum encroachment allowed provided stoops do not encroach into the minimum required curb zone or pedestrian clear zone as described in Section 4.4.13(E)(2). Figure 4.4.13-17 illustrates the dimensional requirements from Table 4.4.13(F). Figure 4.4.13-18 provides a character example. Table 4.4.13(F) Dimensional Requirements for Stoops Minimum Maximum A Building Setback 10 ft. 15 ft. B Depth 5 ft. 8 ft. C Width 4 ft. - D Floor Elevation 1 ft. 4 ft. Allowable Encroachment' - 5 feet May not encroach into the curb zone or pedestrian clear zone (See Section 4.4.13E 2 Figure 4.4.13-17 Figure 4.4.13-18 Stoop Frontage Type Stoop Character Example 'E D -� r» A 4.4 - 87 SECTION 4.4.13 (E) DRAFT: % (c) Bracketed Balcony. A bracketed balcony is a second-story balcony, located over the main building entry, which provides cover for a person entering or exiting the building, emphasizes the entryway, and creates a semi-public space overlooking the street. The Delray Beach Architectural Design Guidelines provide guidance on balcony detailing. Bracketed balconies are typically associated with buildings with commercial uses in the ground story; however, bracketed balconies may be used with residential uses if combined with a stoop. Figure 4.4.13-19 illustrates the dimensional requirements from Table 4.4.13(G). Figure 4.4.13-20 provides a character example. Table 4.4.13(G) Dimensional Requirements for Bracketed Balconies Minimum Maximum A Building Setback 10 ft. 15 ft. B Depth 5 ft. C Width 4 ft. - D Floor Elevation 0 ft. - Allowable Encroachment - 5 feet Figure 4.4.13-19 Figure 4.4.13-20 Bracketed Balcony Frontage Type Bracketed Balcony Character Example C A 4.4 - 88 SECTION 4.4.13 (E) DRAFT: 10/24/14 (d) Forecourt. A forecourt is an open area in front of the main building entrance(s) designed as a small garden or plaza. Low walls or balustrades no higher than three feet six inches in height may enclose the forecourt. Forecourt walls are constructed of similar material as the principal building or are composed of a continuous, maintained hedge. A forecourt may afford access to one or more first floor residential dwelling units or incorporate storefronts for commercial uses. The forecourt is suitable for outdoor seating for residents or restaurants. Forecourts are typically associated with multifamily, mixed-use, and commercial buildings. Figure 4.4.13-21 illustrates the dimensional requirements from Table 4.4.13(H). Figure 4.4.13-22 provides a character example. Table 4.4.13(H) Dimensional Requirements for Forecourts Minimum Maximum A Building Setback 10 ft. 15 ft. B Depth 10 ft. 20 ft. C Width 20 ft. 50% of Facade D Floor Elevation 0 ft. 3 ft. Allowable Encroachment Not Applicable Figure 4.4.13-21 Figure 4.4.13-22 Forecourt Frontage Type Forecourt Character Example �a m �` MM ff A � � 4.4 - 89 SECTION 4.4.13 (E) DRAFT: % (e) Storefront. The storefront is a frontage type along sidewalk level of the ground story, typically associated with commercial uses. Storefronts are frequently shaded by awnings or arcades. 1 . Storefront Dimensions Table 4.4.13(I) provides the dimensional requirements and the maximum allowable encroachment permitted. Figure 4.4.13-23 illustrates the dimensional requirements and Figure 4.4.13-24 provides a character example. a. Storefronts shall extend across at least 70% of the width of a commercial space. b. Storefronts shall be directly accessible from sidewalks; storefront doors may be recessed up to 10 feet. Table 4.4.13(I) Dimensional Requirements for Storefronts Minimum Maximum A Building Setback 10 ft. 15 ft. B Storefront Width 70% 100% C Storefront Base 1 ft. 3 ft. D Glazing Height 8 ft. - E I Glazing Area 70% 90% Maximum Allowable Encroachment of Elements in All Districts F Awning Projection 3 feet - G Projecting Sign N/A 3 feet Figure 4.4.13-23 Figure 4.4.13-24 Storefront Frontage Type Storefront Character Example F G I I - E D _ J B 0 4.4 - 90 SECTION 4.4.13 (E) DRAFT: 10/24/14 c. Storefronts shall have transparent glazing of at least 70% of the wall area, comprised of storefront windows and doors, for at least 70% of the length of the commercial space. Storefront windows shall have a base one foot to three feet high with transparent glazed areas extending from the base to at least eight feet in height as measured from sidewalk grade. Transparent means non-solar, non-mirrored, glass with a light transmission reduction of no more than twenty percent (20%). 2. Storefront Elements a. Awnings shall project a minimum of three feet from the building facade. b. Awnings shall be consistent with the building's architecture and proportionate to the facade opening shape and size. Except for curved awnings, all awnings shall be sloped 15-35 degrees from the horizontal plane. Valances shall be no more than 12 inches long. Internally illuminated or plastic awnings are prohibited. c. Storefronts may be combined with forecourts or arcades. 4.4 - 91 SECTION 4.4.13 (E) DRAFT: % (f) Arcade. An Arcade is a covered, unglazed, linear hallway attached to the front of a building, supported by columns or pillars. The arcade extends into the public right-of-way, over the streetscape area, creating a shaded environment ideal for pedestrians. This frontage type is typically associated with commercial uses. 1 . Arcade Dimensions. Table 4.4.13(J) provides the dimensional requirements and the maximum allowable encroachment permitted. Figure 4.4.13-25 illustrates the dimensional requirements and Figure 4.4.13-26 provides a character example. a. Arcades shall extend over the sidewalk. A sidewalk should not run parallel to an arcade, allowing pedestrians to bypass commercial windows. Table 4.4.13(J) Dimensional Requirements for Arcade Minimum Maximum A Building Setback Varies 15 ft. B Arcade Depth 10 ft. 20 ft. C Arcade Height 10 ft. N/A D Column/Pillar to Face of Curb 2 ft. 4 ft. E Column/Pillar Width and Depth 1 ft. - Maximum Allowable Encroachment of Elements in All Districts F Arcade varies by street Figure 4.4.13-25 Figure 4.4.13-26 Arcade Frontage Type Arcade Character Example �I c A F � 4.4 - 92 SECTION 4.4.13 (E) ;:T: 10/24/14 b. Use of the arcade on local streets requires entering into a right-of-way agreement between with City. This agreement shall establish liability, indemnification, and insurance responsibilities in a form acceptable to the City. For County, State, and Federal roads, agreements with the appropriate agencies and the City may be necessary. c. Arcades shall have a clear depth between the interior face of the columns and the building facade of at least 10 feet and no more than 20 feet. If the distance between the property line and the face of curb is not sufficient to accommodate the minimum depth of 10 feet required for an arcade, or, if the distance between the property line and the face of curb is deep enough that using the required building setback results in an arcade with a clear depth greater than 12 feet, the front setback may be administratively adjusted by the Planning and Zoning Director, taking into consideration the ultimate location of the face of curb d. Arcades shall have a clear height above the sidewalk of at least 10 feet. e. Support columns or pillars shall be at least 12 inches wide and deep. See Section 4.6.18(B)(14)(iii). Columns and pillars shall be placed two to four feet from the face of the curb. f. Arcade ceilings shall be designed with coffers or exposed beams extruding at least six inches, aligned with columns or pillars. 2. Arcade Elements a. Arcades shall be combined with storefronts. b. The height and proportions of the arcade shall be consistent with the architecture and proportions of the building to which it is attached. c. Potted landscaping or ground planting shall be provided between the face of the columns or pillars and the face of curb. 4.4 - 93 SECTION 4.4.13 (F) (F) Architectural Standards. In addition to the standards in Section 4.6.18, the following standards apply in all CBD Sub-districts. (1) All buildings shall follow the Delray Beach Architectural Design Guidelines. The selected architectural style shall be identified on all permit application drawings. (2) 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). (3) Building facades facing streets or civic open spaces must have transparent windows covering between 20 percent and 75 percent of the wall area of each story as measured between finished floors. Transparent means non-solar, non-mirrored glass with a light transmission reduction of no more than twenty percent (20%). (4) Cornices and moldings shall be extending a minimum of two inches from the surface plane of the building wall. Cornices and moldings are continuous facade elements and may not be covered by awnings or signs. Significant architectural elements such as columns, pilasters, and towers may interrupt moldings. (5) Building facades shall be designed to visually screen "Secondary Street" uses (as identified in Table 4.4.13 (A)) and large expanses of blank walls. Appropriate facade design to screen these uses incorporates the consistent use of materials and construction assemblies, fenestration patterns, architectural articulation, and features such as, but not limited to, the application of architectural screens, louvers, or glass. In addition, at the sidewalk level, vegetated surfaces and planters or window display shall be incorporated. Paint, faux treatments, scoring, construction joints, lighting, and material projections less than two inches are permitted, but do not fulfill the facade design requirements. Figure 4.4.13-27 Character Examples for Building Fagade Screening Secondary Street Uses � 'i'.l�i l�lT a!hwr•r.r• �■ ;•. i '�L��4� �N�l� !�Nl�eR�■ISM .�Ig The Clematis Street garage utilizes The Lincoln Theater has the building consistent building materials with circulation located along the streets, fenestration patterns to establish an behind an architectural glass facade, attractive facade screening the parking screening the large expanses of blank levels over the retail space. walls within the movie theater. 4.4 - 94 SECTION 4.4.13 (F) DRAFT: 10/24/14 (6) Awnings shall be consistent with the building's architecture and fagade opening shape. Awnings shall project a minimum of three feet from the building facade. Except for curved awnings, all awnings shall be sloped 15 to 35 degrees from the horizontal plane. Valances shall be no more than 12 inches long. Internally illuminated or plastic awnings are prohibited. Any names or logos printed on awnings shall be counted as square footage against the overall permitted signage. (7) In the absence of a building fagade, a streetwall is required along both Primary and Secondary Streets. Streetwalls shall be three feet to three feet six inches (3'-6") in height, located in line with the building fagade or the front setback. Streetwalls shall be composed of either an opaque wall of the same material and color as the building or of a continuous, maintained hedge. In addition, one shade tree per 30 lineal feet, uniformly spaced, shall be installed along the length the streetwall. (8) Overhead doors shall be prohibited from facing any adjacent residentially zoned property. Overhead doors shall be oriented away from any adjacent public right- of-way, except where currently existing. (9) In order to reduce urban heat islands for both roofed and non-roofed areas, the following standards shall apply to building and site design: a) Non-roofed: Provide shade (within 5 years) on at least 30% of non-roof impervious surface on the side, including parking lots, walkways, plazas, etc.; or use light-colored/high-albedo materials (reflectance of at least .3) for 30% of the site's non-roofed impervious surfaces; or, use open-grid pavement system (net impervious area of less than 50%) for a minimum of 50% of the parking lot area. b) Roofed: Use Energy Star roof-compliant, high-reflectance and high emissivity roofing (initial reflectance of at least .65 and three-year-aged reflectance of at least .5 when tested in accordance with ASTM E903 and emissivity of at least .9 when tested in accordance with ASTM 4080 for a minimum of 75% of the roof surface; or install a "green" (vegetated) roof for at least 50% of the roof area. c) Parking Garage Roofs: Provide shade on at least 30% (within 5 years) of any exposed parking on the roof. 4.4 - 95 SECTION 4.4.13 (G) DRAFT: 10/24/14 (G) Civic Open Spaces. Civic open spaces are privately maintained outdoor spaces which are accessible by the general public, improve the pedestrian environment, are aesthetically pleasing, and serve as an amenity for the city as a whole as well as for occupants of the building which the open space serves. (1) Amount Required. New development or additions of gross floor area equal to 20 percent or more to existing buildings shall provide civic open space as follows: (a) Sites smaller than 20,000 square feet have no civic open space requirement. The first 20,000 square feet of sites larger than 20,000 square feet are not used in the computation of required civic open spaces. (b) Sites between 20,000 and 40,000 square feet are required to provide 5% of the site's area that is above 20,000 square feet as civic open space. (c) Sites 40,000 square feet or more in size are required to provide civic open space as follows: 1. 5% of the site's area between 20,000 and 40,000 square feet; plus 2. 7% of the site's area above 40,000 square feet. (d) Dedicated rights-of-way and area used to meet the minimum streetscape standards in Section 4.4.13(E) do not count toward fulfilling the required amount. (2) Types of Civic Open Spaces. Civic open space shall be designed as one of the following types: (a) Green. A green is at least 1,500 square feet in size and adjoins streets on at least two sides or a street and a pedestrian passageway or main building entry. Greens are designed primarily for passive uses, consisting primarily of lawn with either formally or informally arranged landscaping. (b) Plaza. A plaza is at least 1,500 square feet in size and adjoins streets on at least two sides or a street and a pedestrian passageway or main building entry. Plazas are mostly hardscaped with formally arranged landscaping and a water feature. (c) Playground. A playground is at least 2,500 square feet in size. Playgrounds provide children's play equipment and shaded seating. Playgrounds adjoin a street on at least one side and the configuration should ensure easy surveillance of the area from adjacent buildings and streets. 4.4 - 96 SECTION 4.4.13 (G) DRAFT: 10/24/14 (d) Square. A square is at least 10,000 square feet and adjoins streets on at least three sides. Squares may be up to 50 percent hardscaped, with formal landscaping. Squares accommodate both passive uses and community gatherings. (e) Attached Green. An attached green is generally 2,000 to 6,000 square feet and spans the entire length of a block. Attached greens shall be at least 30 feet wide and are appropriate on the short end of a block. Attached greens are primarily laws with formally arranged landscaping. (f) Community Garden. A community garden is 2,500 to approximately 5,000 square feet and adjoins a street on at least one side. Community gardens are land that is cultivated collectively by members of a community (See Section Section 4.3.3 (D)). (g) Forecourt. For civic open space requirements between 250 and 1 ,500 square feet, buildings shall utilize a Forecourt frontage type (see Section 4.4.13(E)(4)(d)) or incorporate additional landscaped space into a pedestrian passageway. (h) Public Art. For civic open space requirements less than 250 square feet, a space incorporating a fountain or work of art may be provided facing a street or a pedestrian passageway. Figure 4.4.13-28—Character Example of Figure 4.4.13-29 Landscaped Pedestrian Passageway Character Example of Public Art 4.4 - 97 SECTION 4.4.13 (G) DRAFT: 10/24/14 Figure 4.4.13-30 -Civic Open Spaces OHO Green Plaza EJ Playground Square } }!)r i I 1 111 'J . 111 111 I I nl I I I II rfr'i r . Attached Green Waterfront Green 4.4 - 98 SECTION 4.4.13 (G) DRAFT: 10/24/14 (3) Configuration. Civic open spaces shall be configured as follows: (a) The civic open space shall adjoin a street front property line for no less than 30 linear feet. (b) Except for attached greens, civic spaces shall have a proportion so that the depth is no more than 2.5 times the width, and the width is no more than 5 times the depth; (c) Civic open spaces shall be lined by building facades or streets on all sides. In order to provide oversight of the space, buildings facing civic open spaces shall contain active uses; parking lots, parking garages, and storage areas are not considered active uses. (d) Civic open space requirements of 3,000 square feet or more may be provided in up to two spaces; requirements less than 3,000 square feet shall be provided in one space. (4) Additional Standards. Civic open spaces shall meet the following minimum standards: (a) Civic open spaces must be accessible to the public during all daylight hours; (b) Civic open spaces must be situated to allow easy ingress and egress by pedestrians. Except for playgrounds, which may be fenced, no streetwalls, gates, fences or other impediments to pedestrian accessibility shall be permitted along the frontage lines; (c) Civic open spaces must be located at the sidewalk level; (d) Civic open spaces must be open to the sky; however, open-air garden structures such as gazebos or band shells are permitted within civic open spaces; (e) Landscaping shall be arranged in a manner reflective of the type of civic open space. One shade tree per 20 feet of perimeter of the space is required. Trees may be arranged in regular spacing or in informal clusters, depending on the type of open space. Trees shall be installed to provide shade along walkways and for benches. Substituting shade trees for multiple palm species is not permitted; however, adding palms to the landscape design is permitted. (f) Each civic open space shall provide the following street furniture elements, specifications subject to approval by the City of Delray Beach Engineering Department: 4.4 - 99 SECTION 4.4.13 (G) DRAFT: 10/24/14 1. 1 bench per 350 square feet of area; 2. 1 drinking fountain; 3. 1 bicycle rack with no less than four spaces; 4. 1 trash receptacle; 5. 1 pet clean up station. (g) Fences are permitted only to enclose playgrounds. Fences may be composed of wood or metal pickets and shall not exceed four feet in height. (h) Vehicular traffic shall not be permitted within a civic open space. (i) Civic open spaces shall be designed to enhance user safety and security using Crime Prevention Through Environmental Design (CEPTED) principles by 1. Being well lighted; 2. Having one or more focal points within the open space visible from all perimeter streets; 3. Having a clear landscape zone between three feet and eight feet in height providing sightlines unobstructed by berms or bushes. (5) Availability. Civic open space shall be developed and open for use prior to issuance of a certificate of occupancy for the building(s) for which the open space is required. 4.4 - 100 SECTION 4.4.13 (H) DRAFT: 10/24/14 (H) Density Bonus Program: In order to encourage residential uses, a variety of unit types, and sustainable building practices within the downtown area, opportunities to increase density are offered in certain CBD Sub-districts. This bonus program is the only way to obtain increases in density in the CBD. (1) Density Increases. The maximum density allowed by Table 4.4.13(C) in certain CBD Sub-districts may be increased in the locations described below and mapped on the Regulating Plans in Section 4.4.13(B). Performance Standards are set forth in Section 4.4.13(H)(2). (a) Density may be increased over 30 du/ac (up to du/ac) in the Central Core Sub-district on property located south of NE 2nd Street and north of SE 2nd Street, excluding properties with frontage on Atlantic Avenue or located within OSSHAD. (b) Density may be increased over 30 du/ac (up to du/ac) in the Railroad Corridor Sub-district on property located west of the FEC Railroad, north of NE 2nd Street, and south of NE 3rd Street. (c) Density may be increased over 12 du/ac (up to 30 du/ac) within the West Atlantic Neighborhood Sub-district. (d) Density may not be increased within the Beach Sub-district over 12 du/ac. (e) Properties located within a historic district or on individually designated sites as listed on the Local Register of Historic Places in Section 4.5.1(1) are not eligible to use the Density Bonus Program. (2) Performance Standards for Density Bonuses. Projects which propose to increase density from the base amount allowed in the CBD Sub-districts shall meet all of the following standards: (a) Workforce Housing Units. Workforce housing units, equal to at least twenty percent (20%) of the bonus density shall be provided within the development onsite, offsite, or though monetary contributions as referenced in Article 4.7 (fractions shall be rounded up). The workforce housing units shall be at the low or moderate income levels and shall comply with other applicable provisions of Article 4.7. (b) Diverse Unit Types. A number of different unit types, sizes and floor plans shall be 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. One bedroom units may not exceed 30%. 4.4 - 101 SECTION 4.4.13 (H) DRAFT: 10/24/14 There is no maximum percentage for unit types established for projects having twelve (12) or fewer units, however, a mix of unit types and sizes is encouraged. (c) Green Building Practices. All development which proposes to build a density greater than 30 du/ac shall be at a minimum certified as Silver by the United States Green Building Council (USGBC) Leadership in Energy and Environmental Design (LEED) standards or equivalent standards adopted or approved by the City. 1 . At the time of Building Permit application, the owner shall submit: a. Proof of registration with the Green Building Certification Institute, or equivalent agency; b. A signed and sealed affidavit from a LEED Accredited Professional, or applicable designation, stating that the proposed Building is designed to achieve the required certification; and c. A LEED Scorecard, or equivalent document, identifying anticipated credits to be achieved. 2. At the time of Certificate of Occupancy application, the owner shall submit: a. Proof of certification by the Green Building Certification Institute, or equivalent agency; b. A bond posted in a form acceptable to the City, in the amount indicated below; i. Two percent (2%) of the total cost of construction for a building up to 100,000 square feet; ii. Three percent (3%) of the total cost of construction for a building 100,001 - 200,000 square feet; iii. Four percent (4%) of the total cost of construction for any building greater than 200,000 square feet; or c. Proof of partial compliance from the Green Building Certification Institute, or applicable agency, which demonstrates the credits presently achieved. In addition, a prorated portion of the full bond amount, as indicated in subsection 2(b) above, shall be posted based on the number of remaining credits needed to meet minimum certification requirements. The bond amount to be posted shall be calculated as follows: 4.4 - 102 SECTION 4.4.13 (H) DRAFT: 10/24/14 (credits remaining for certification / credits required for certification) x full bond amount = prorated bond amount 3. Forfeiture of Bond. The bond required under this Section 4.4.13(H)(2)(c) shall be forfeited to the City in the event that the building does not meet the for LEED Silver certification or applicable certification. The City will draw down on the bond funds upon failure of the owner to submit proof of LEED Silver certification in a form acceptable to the City within one (1) year of the City's issuance of the Certificate of Occupancy for the building. If required certification is not achieved but a majority of the credits have been verified, the owner shall forfeit a portion of the bond based on any outstanding credits which shall be calculated as follows: (credits remaining for certification / credits required for certification) x full bond amount = bond amount forfeited If the amount to be forfeited is greater than fifty percent (50%) of the full bond amount, the bond shall be forfeited in its entirety. Funds that become available to the City from the forfeiture of the bond shall be placed in the In-Lieu Parking Fee Fund and earmarked for bicycle and pedestrian infrastructure purposes. (d) Projects are not eligible to use the Density Bonus Program if waivers are requested from the minimum sidewalk width (Section 6.1.3) or minimum front setback that results in less than the minimum streetscape standards set forth in Section 4.4.13(E)(2). (4) Approval Process for Density Bonuses. (a) Applications to utilize the Density Bonus Program will be reviewed as part of a Class V site plan by the SPRAB for compliance with the regulations in this code that direct building configuration, uses, open space, streetscape design, parking location and quantity, and the performance standards in Section 4.4.13(H)(2). The SPRAB will make a recommendation to the City Commission on the entire Class V site plan before the City Commission takes final action to approve or deny the site plan and the increased density. (b) Applications 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) of sufficient detail to determine that the applicable development and performance standards are being met. 4.4 - 103 SECTION 4.4.13 (1) DRAFT: 10/24/14 (1) CBD Parking Standards (1) Purpose of Revised Standards. This section provides modified regulations for off-street parking and bicycle parking within the CBD. These regulations recognize that the downtown is a compact, interconnected area with multimodal transportation options, and that improper placement of parking and mandatory duplication of the parking supply on each building site separates the various land uses from each other. This separation reduces the viability of the mixed-use districts and harms the walkability of the streets in the downtown area. These regulations reflect the needs of the urban, mixed use downtown. When in conflict with the regulations in Section 4.6.9, this section shall rule. (2) Minimum Number of Off-Street Parking Spaces. (a) The minimum number of parking spaces required in Section 4.6.9(C) "Number of Parking Spaces Required" is modified by this section for use in the CBD; Table 4.4.13(K) identifies the minimum number of off- street parking spaces required per use and location. Medical Offices, call centers, and any other uses not listed in the table shall use the requirements in Section 4.6.9(C). 1. The Atlantic Avenue Parking District is mapped on the Central Core Regulating Plan (See Figure 4.4.13-5). 2. Alternative Fuel Parking spaces are spaces provided on-site, clearly marked with adjacent charging stations for electric (EV)/plug-in hybrid vehicles (PHEV) and golf carts. (b) The parking required for the creation of new floor area, shall also include the replacement of any previously required parking which may be eliminated. (c) When the parking requirements are applied to new development or expansion of an existing 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. (d) Properties located outside of the Atlantic Avenue Parking District less than 65 feet in width are not required to provide off-street parking. (e) Properties located outside of the Atlantic Avenue Parking District and within 750 feet of a public parking garage or the Planned Tri-Rail Coastal Link station (See Figure 4.4.13-5) are not required to provide additional parking resulting from a change in use, except for new restaurant uses, within an existing building, provided additional floor area is not created. 4.4 - 104 SECTION 4.4.13 (1) DRAFT: 10/24/14 Table 4.4.13(K) Minimum Number of Off-street Parking Spaces Required in the CBD Commercial Uses Hotels/Motels' 1 space per 4 guest rooms plus 1 space per 800 sf. of restaurant', meeting rooms, and shops Business and Professional Office <10,000sf 1 space per 500 sf. of net floor area Business and Professional Office >10,000sf 1 space per 300 sf. of net floor area Retail and Commercial Uses 1 space per 500 sf. of gross floor area Restaurants and lounges NOT in the 6 spaces per 1,000 sf. of gross floor area Atlantic Avenue Parking District Restaurants and lounges in the Atlantic 12 spaces per 1,000 sf. for the first 6,000 sf. Plus Avenue Parking District 15 spaces per each additional 1,000 sf. Residential Efficiency Dwelling Unit 1 space per unit One Bedroom Dwelling Unit 1.25 spaces per unit Two or More Bedroom Dwelling Unit 1.75 spaces per unit Guest Parking shall be provided cumulatively as follows - For the first 20 units .50 spaces per unit - For units 21-50 .30 spaces per unit - For units 51 and above .20 spaces per Live/Work Units 2 spaces per unit Alternative Fuel Parking Spaces Residential 3% of Required Parking Spaces Commercial 3% of Required Parking Spaces Restaurants and lounges located within hotels or motels located within the Atlantic Avenue Parking District shall provide 12 spaces per 1,000 sf. for the first 6,000 sf. Plus 15 spaces per each additional 1,000 sf. (f) Properties located outside of the Atlantic Avenue Parking District and within 750 feet of a public parking garage or the Planned Tri-Rail Coastal Link Station (See Figure 4.4.13-5) may opt to use the in-lieu fee option provided in Section 4.6.9(E)(3) up to 50% of the required off- street parking amount. (g) Restaurants, Cocktail Lounges, Hotels, and Residential Type Inns may provide their required vehicular parking as valet parking, subject to the provisions of Section 4.6.9(F)(3). 4.4 - 105 SECTION 4.4.13 (1) DRAFT: 10/24/14 (3) Location and Access to Off-Street Parking. Parking and service areas shall be accessed and located at the rear or side of the building(s) whenever possible. (a) Location 1 . Parking is not permitted in front setbacks or in side setbacks facing streets, parks, or civic open spaces. 2. On Primary Streets, all parking lots shall be located to the rear of buildings. The SPRAB can approve alternative locations where parking in the rear is inappropriate or impossible and may require special perimeter treatments to protect and improve the pedestrian experience along the street. 3. On Secondary Streets, parking lots may also be located on the side of buildings provided the parking is screened from view of the street by a streetwall (See Section 4.4.13(F)(7)) and landscaping as set forth in Section 4.6.16(H). 4. On Primary Streets, parking garage levels shall be lined by another use permitted on Primary Streets for at least 20 feet of depth. (See Section 4.4.13(C)). On Secondary Streets, parking garage levels not lined by another use shall be screened by a building facade that meets the architectural requirements in Section 4.4.13(F). 5. Offsite parking arrangements may be provided in lieu of providing on-site parking as set forth in Section 4.6.9(E)(5), except that the other property must be located within seven hundred and fifty (750'), measured along the closest pedestrian route between nearest building entrance and nearest pedestrian garage entrance. 6. 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. 7. 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. (b) Access. In addition to the standards in Section 6.1 .4, the following standards apply in all CBD Sub-districts: 1 . On Primary Streets, alleys and Secondary Streets, when present, shall be the primary source of vehicular access to off-street parking. Alleys may provide access to parking lots and garages and function 4.4 - 106 SECTION 4.4.13 (1) DRAFT: 10/24/14 as standard drive aisles, provided public access is maintained and access to all properties adjacent to the alley is maintained. Vehicles may back out onto alleys. 2. When neither alleys nor Secondary Streets are present, primary vehicular access may be from a Primary Street. In the instance that site constraints necessitate access from a Primary Street, and the provision of an access drive precludes meeting the minimum building frontage percentage required, the Planning and Zoning Director may administratively allow a reduction from the minimum building frontage in order to allow vehicular access to the site. 3. When an alley is not present, bicycle, pedestrian, and vehicular access between adjacent parcels across property lines is required, and shall be accommodated within the site layout. The first property owner to develop shall be required to make an irrevocable offer of cross-access to the adjacent parcels prior to issuance of a building permit. When adjacent property develops, a reciprocal offer of cross-access is required, and the physical connection shall be completed. 4. Parking lots and structures shall provide pedestrian and bicycle access directly from a street. In addition, pedestrian access may also be provided directly from a building. 5. Buildings with more than 250 feet of street frontage shall provide a pedestrian/bicycle passageway at least 10 feet wide connecting rear alleys and/or parking to the public sidewalk. The passageway shall have transparent windows covering at least 20 percent of the wall area and the incorporation of storefront windows is encouraged. 6. Public sidewalks may not be deviated to accommodate drop-off or valet parking. (4) Bicycle Parking and Facilities. Bicycle parking and facilities shall be provided within the CBD Sub-districts. (a) Minimum Number of Bicycle Parking Spaces. Table 4.4.13(L) identifies the minimum number of bicycle parking spaces required per use. 1 . All non-residential uses over 2,000 square feet shall provide at least one bicycle space. 2. For mixed use projects, both the non-residential and residential requirements shall be provided. 4.4 - 107 SECTION 4.4.13 (1) DRAFT: 10/24/14 3. Bicycle Parking requirements are applied to new development, expansion of an existing use, and changes of use. Table 4.4.13(L) Minimum Number of Bicycle Parking Spaces Required in the CBD Commercial Uses Hotels/Motels 1 space per 10 guest rooms plus 1 space per 5,000 sf. of restaurant, meeting rooms, and shops Professional Office <50,000 sf. 1 space per 2,000 sf. of net floor area Professional Office >50,000 sf. 1 space per 2,000 sf. of net floor area; 50% in lockers or inside storage area plus shower facilities Retail, Restaurant, and Commercial Uses 2 space per 1,000 sf. of gross floor area Residential Residential < 50 units 1 space per 2 units Residential > 50 units 1 space per 2 units; 50% in lockers or inside storage area Live/Work Unit 1 space per 2 units Townhouses and Single-family Homes - (b) Design and Location. 1. Visitor, employee and resident bicycle parking facilities shall be visible to the intended users within a location shown on the site plan that meets the following standards; a. Provided in a safe, accessible and convenient location. b. Located within 300 feet of a main building entrance. c. Does not encroach into the minimum streetscape area (see Section 4.4.13(E)(2)). d. The Planning and Zoning Director shall review the location, design, and details of the bicycle spaces as part of the site plan review. 2. Shower Facilities. Offices greater than 50,000 square feet shall at least provide one shower and changing facility per gender. The changing facility shall be installed adjacent to showers in a safe and secured area. 3. Unless otherwise provided by law, residential condominium covenants are encouraged not to prohibit the storage of bicycles inside individual dwelling units. 4.4 - 108 SECTION 4.4.13 (J) DRAFT: 10/24/14 (J) Streets and Blocks. The highly connected street and block structure of the downtown CBD area is a critical component of the cultural and historic character of the city. The network fosters multi-modal options, by reducing bike and walk distances, and allowing traffic to disperse. (1) Streets and Alleys. Within the CBD, the following standards apply to streets and blocks: (a) Local streets within the CBD may have travel lanes ten feet in width provided on-street parking is incorporated in the cross-section and with approval by the City Engineer. (b) Streets and alleys may not be vacated or closed to accommodate new development. (c) Alleys provide an important tertiary support system. Alleys may be relocated provided access and service is maintained to all properties and the reconfigured alley maintains public access and has at least two separate access points for entry and exit within the same block. Alleys that are identified routes in the City's adopted bicycle and pedestrian master plan may not be relocated. Dead-end service courts are not permitted. In order to meet the City's sustainability goals, alleys that are improved as a result of redevelopment are encouraged to use permeable paving such as porous asphalt or concrete, subject to approval by the City Engineer. Development on property along side an alley shall provide street lights as setforth in Section 6.1 .5. (2) Analysis of Traffic Circulation and Access Points. To minimize impacts and coordinate traffic circulation, a professional study that analyzes options for internal traffic circulation and distribution to the external street network shall be provided for proposed development that meets one of the following criteria: (a) The development proposes to move an alley; (b) The development is located on a block that does not have an alley; (c) The site is two acres or more in size; or (d) The site is located along the Intracoastal Waterway or a waterfront park. 4.4 - 109 SECTION 4.4.13 (K) DRAFT 10/24/14 (K) CBD Review and Approval Process: (1) In established structures, uses shall be allowed therein upon application to and approval by the Chief Building Official for a Business Tax Receipt. (2) Site Plan Review and Appearance Board (SPRAB). For any new development requiring approval under Sections 2.4.5(F), 2.45(H), or 2.4.5(1), approval must be granted by the Site Plan Review and Appearance Board (SPRAB), unless the property is located within a designated historic district or is individually designated (see subsection (3) below). In addition, the SPRAB has the following authority within the CBD: (a) Modification of building frontage and setback requirements by waiver in order to accommodate civic buildings such as libraries, cultural facilities, municipal buildings, etc. on properties that are not located within a Historic District or Individually Designated Sites as listed on the Local Register of historic Places in Section 4.5.1(I). (b) SPRAB may provide relief from the additional setback required above the third story for building entries, lobbies, and vertical circulation areas configured as tower elements consistent with the architectural character of the building. (c) Determination of compliance with the Performance Standards of the Density Bonus Program and provide recommendations of approval or denial to City Commission of requested increases in density under the program. (d) Determination that a site plan design for a full service grocery store in the West Atlantic Neighborhood sub-district has compatible transitions between commercial and residential areas. (e) Determination that desirable connectivity between properties and/or links identified on any adopted bicycle and pedestrian master plan are achieved on the site plan. (f) Approval of alternative surface parking configurations for sites located on Primary Streets where parking in the rear is inappropriate or impossible. The SPRAB may require special perimeter treatments to protect and improve the pedestrian experience along the street. (3) Historic Preservation Board. 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(I) is subject to review by the Historic Preservation Board (HPB), pursuant to Section 2.2.6(D). For these properties, the Historic Preservation Board has the approval authority pursuant to Sections 2.4.5(F), 2.4.5(H), and 2.4.5(1), plus the additional authority described in subsections (2)(a)—(f) above. 4.4 - 110 SECTION 4.4.13 (K) DRAFT 10/24/14 (4) West Atlantic Redevelopment Coalition (WARC). Projects located within the West Atlantic Neighborhood Sub-district shall be reviewed by the WARC for consistency with the Development Standards prior to review by the SPRAB or HPB. (5) Pineapple Grove Design Review Committee. Projects located within the boundaries of the Pineapple Grove Neighborhood Plan, as mapped on the Central Core and Railroad Corridor Sub-districts Regulating Plans (See Section 4.4.13(B)), shall be reviewed by the Pineapple Grove Design Review Committee for consistency with the Development Standards and compliance with the Pineapple Grove Neighborhood Plan prior to consideration by SPRAB or HPB. (6) DDA and CRA. All development applications under their purview which are processed through the Planning and Zoning Board, SPRAB, or HPB shall be referred to the Downtown Development Authority and the Community Redevelopment Agency in sufficient time to allow for review and comment prior to action by the approving body. (7) Conditional Uses. Conditional uses listed on Table 4.4.13(A) may be considered pursuant to the provisions of Section 2.4.5(E). In addition, the following regulations apply: (a) Drive-Through Facilities. 1 . Drive-in or drive-through restaurants are not permitted within the West Atlantic Neighborhood Sub-district or on Primary Streets within the other CBD Sub-districts. 2. On Primary Streets, drive through facilities serving banks and other commercial uses shall have the drive through window(s) and stacking area located behind buildings. On Secondary Streets, drive through facilities may be located to the rear or side of buildings. (b) Gasoline Stations. Gasoline Stations are not permitted on Primary Streets. In addition to the standards in 4.3.3(J), the following configuration is required. 1 . A ground-story shop must be located along a street, with the gas pumps located to the rear of the lot as illustrated in Figure 4.4.13- 31 . No more than eight dispensing locations are permitted. 2. The shop shall have the primary entrance facing and directly accessible from the street; an additional entrance facing the parking lot is permitted. 3. Gasoline Stations may be one story in height. 4.4 - 111 SECTION 4.4.13 (K) DRAFT 10/24/14 Figure 4.4.13-31 G Shop (c) Wash Establishments. 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 Primary Streets. Further, this use must be established on property with a minimum lot area of 20,000 sq.ft. (d) Automotive Repair and Detailinq. Automobile repair and automobile detailing may not be located north of S.E. 1St Street or south of SE 6th Street, extended. Conditional use approval may not be granted for a new automobile repair facility, or for the expansion of an existing facility, unless it is specifically demonstrated that off-street parking is available in accordance with the requirements of Section 4.6.9. (e) Additional Application Requirements. Applications for conditional use approval pursuant to Section 4.4.13(I) 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) 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. (f) Modifications. The process for modification of a conditional use and site plan approved pursuant to Section 4.4.13 (I) is as follows: 1. 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. 4.4 - 112 SECTION 4.4.13 (K) DRAFT 10/24/14 2. Modifications to the plan that do not affect the application of the performance standards may be processed as a site plan modification. (8) Waivers. This code allows consideration of two types of waivers: a) Section 2.4.7(B)(1)(a) authorizes the waiver of certain regulations irrespective of a property's zoning district. Those waivers may be considered within the CBD in accordance with those specific provisions. When reviewing applications that include waivers that can only be granted by the City Commission, the Site Plan Review and Approval Board and the Historic Preservation Board shall make formal recommendations to the City Commission regarding those waivers. b) Section 2.4.7(B)(1)(b) authorizes the City Commission to waive certain other regulations that no other official or board have the authority to waive. 1 . Within the CBD, that authority of the City Commission is limited by the following restrictions: a. Building Height Waivers. Waivers to increase the number of stories of a building may not be granted. b. Front Setback Waivers. Waivers to decrease the minimum front setback depth are not permitted if the reduction would result in a streetscape that does not meet the minimum requirements of Section 4.4.13(E)(2). c. Sidewalk Width Waivers. Waivers to decrease the minimum sidewalk width are not permitted in the CBD. 2. Within the CBD, the following standards shall be used by the City Commission when considering waiver requests, in addition to the findings in Section 2.4.7(B)(5): a. The waiver shall not result in an inferior pedestrian experience along a Primary Street, such as exposing parking garages or large expanses of blank walls. b. The waiver shall not allow the creation of significant incompatibilities with nearby buildings or uses of land. c. The waiver shall not erode the connectivity of the street and sidewalk network or negatively impact any adopted bicycle/ pedestrian master plan. d. The waiver shall not reduce the quality of civic open spaces provided under this code. 4.4 - 113 EXHIBIT B SECTION 4.4.13 (A) Purpose and In+�+• The (`antral Rllsiness Distrint (GBD) �o Distrint is w�-ra--r�TC �nc�vcrr �r.� ��acrtvr�� e6 lishend iP A_Fdder te preserve_anGGGt thG n1�� oI onrl hicte- I�peGts nf dnYAi nt�Ain Dray Rea nh and siml ll�}ee sly pFey 0.rlo for � timl IIAtinn .�nrl ati�av-rT v-r�v Delray _R acr�arra�rrcrr T crrrrcrrcrcrvr�a-r•rcr the GBE) Dist is nnnsistent with and imnla�}�S in part (lhia�+tiV8 G A of the and GB E) rcrrr-vrrm arra�rrrP r �i part, rvr crn rcr Use Eleme t of the ernpF hensiye Dlan The GBID nist Ct is geT all applied to V.7� TT �rr��a-rTrn .�.v-v-vrs terrltnn/ deninted in the Gnmmernial (mere desigRatinn nn the Fm--,t--,Fe Land Use Man Th�pa e S rlesnr�lh�Ct�ki°In ei rlrl shnYein in Cig11re 4 4.13 F 4.4 1 2 A PPI 4 4 12-v r.4.Aater Dlan [Amd Ord. GA_AA 11116104]• [Amd Ord. 21_114 5I41 AA7 opm+ral Core Thy T_ regulat'Ieps aTlei�'fTCGeT�Tari in rleVelnPmeRt .r 7 — – }� _ that preserves Lice – dnati�v" T a n's�riai''c — �= — Ga�Eale while CBD RC d� �i nrmmGtinrr a halannerl miv _ � of 1lces that will helm the area e.,nl.,e irate a '" =_T1 tF F ailCYi 6afffmr_MtQPt I / aTM 7 t dnati�Tt�ein Desirlent�al � I I t`�` 1� vr1r��.�n�crr T deyelnnment is permitted �� fl at higher densities in this 1 – area than anTi other mart A-f tht:pity, GFdeeF tl7 cr n estrian orient vn rr F �– g FE)W ti-r–Ltt�t��n i i IwTri–�ci n i –_ - } I Ord. A m rt � z r 514104] 77 c i -�- CENTRAL CORE _ CBD{CENTRAL BUSINESS DISTRICT}AND CBD RC "I T .. i (CENTRAL BUSINESS DISTRICT-RAIL CORRIDOR)ZONED DISTRICTS 4.4 - 1 EXHIBIT B SECTION 4.4.13 4.4 - 2 SECTION 4.4.13 (A) Q nh Ar The Beal fer o .ter " eFye app-1 enh.-nne a nh �r�nter of oe aeacrrrcrea��c-gvarTVr ��r22-F�t�--�ScrPC-crrTC�crn�arrc� ��urucrcrvr areasores ni ihlin nenrli}inn of thf-9 nh the vitality of its venter, add no�-ol , rart�-cv-rTCrrrrc,rn--vr- �.-a�cr� rc9--v�--r��crrr , arrc� ur b6imidoRgs are separated frem the pedestriaR ways by wide !andSGaped areas, the �c 16 nneiiraged. [Amd Ord. 71_04 514104] \ ,r, IJ ' 1� 1 ,i 1 PPST i i �: >✓r. v � _ 1 BY iliE SEA I = GRPSY£NPR Ps. MANOR HGUSE' 1� I ' u � _� 41-..,, �APIAZAC PARKANS , CONDO �: � COROP s�iAO IXbVOP I I li I � scNOOt I I�I.I �� `III I`�m ' CW1D0 I I.. RESORT I MAFRIOTI ] a SPUARE III.,, V ATLANTIC AVENUE �� 0 TT 1J-1L I, '—1fl 7IT FF I aBa 1 I _� tWAMERpAt ;I 1 Ll TFT - QNOO 1 ney _ � TONEFS I I I l I�I 11 111 f I IT CQY00 I I IL — � Y s 1 - --+�- BEACH AREA G PFi PA'RFA,F.Fi_ CBD(CENTRAL BUSINESS DISTRICT)ZONED DISTRICT , v? Figure 4.4.13-2-- Qo°^h A r°° 4.4 - 3 SECTION 4.4.13 (A) 1�-rA/e�rAti-ant-mr- avenue wl hherhe l The geal fvrthm.6 area to preuiplo fer Dl An rlrA Ain Beal �A �o �n Tho emphasis io rAn rlar� vvv rr tan--rvrcrr� a� T—h IQ ��Frl-ra�l��»r the iR"'y hhnr�d� as eppesed te o rp J inn"o^l' area� are Lonrnn-a1-page ' [/ md Ord. 604 1 ''!cct04] �. -ft FF IL r � � cnsOry . �_ piURCH _ EL0.EAIENPTaFY - - SCHOOL � I� cc HH 30, Y I�■ l- STiIRdI I�IR W nvnN. 7 ATLANTIC AYENYE ®HE » T>- a _ JI --+�— WEST ATLANTIC NEIGHBORHOOD c j�—V Dc—,�L CBD(CENTRAL BUSINESS DISTRICT)ZONED DISTRICT ll .�s bM IG .:'A�M hli Figure 4.4.13-3 Neir.hhnrhnnr! 4.4 - 4 SECTION 4.4.13 (B) /R\ Drinninal Uses and alln�n/erJ Strumtu-res�P tted- The n types of 1se are yyi}hin the GRl lit}rin} as orermitted use. ( I) General re}oil i ices anrd/nr faGili}iec inGli irdinn but nn} limited }n• fAmd Ord. 35-40 10119110]; [Amd. Ord. 2-2-99 71-2019-91 (a)Antiques, arts an/ Gras act$mn�2-�IS�haL geeds�bG G�kG Garnct anrJ flnnr \/erinn Gh beer, wine line er of n arra--ncrvr��PCrn-rc�, �a-r�S�sa. , , zrv�r��-rr�tttirT------ Gvi FRetGG meats draper an/-1 slinnn\/eFG nharmaGies etect�{saA.' fixtures anrd supplies, fahrinc fish flewers anrd plan}c fruits anrJ rm ti,.a�..—�,.arra-��ppTrca�c��rrc.»r.�n�rcrvv ,�n�n�—arrcr vegetables, feed, garaeR supplies, gifts glassware, har/-1v/are owns na�s hnme fi irnishing j iGe GreoawR Gape oni T n lea aeedj luggage, FRe in.AI An/-1 si�rrri��pn1 Ij,�,�yon}�„�„�,��+ an/-1 m11sin.�I „�tr�Fmer�ts,�ruatiGal supra, effino fi irpoii1�f�� n �T p1` j "mr�on}�nsun n e� -sr nets anc pet supplies, nheteg Fanhin ent-and 661pplioa spjy _ sunn lies,�vrtRg gGeds, teys, Par-aringoapparcl arunvess ries,, annlianGe�c bmG\ GTlea, b cr.sinnress maGhine�s i WGI FY: fAmd r Ord. 35-11) 7019170 • fAmd Ord 2-2-99 71 } (2) Ri 1sinesc Drefessinnal anrd Ntlerlinal uses pursuant to res}riG}inns se} fnr}h in 9cr 4.4.13ru\ +fig, but P ± lr limited te1 fAmrJ Ord. na-v-10 7 c01107; fAmd Tai--1 R t r icrry raeGG-rat i R g,,-FR e i n.-I a rl/-1 GI UQ R to l G lam'r„ram:rcc i n.A I a rl/-1 /1°a-R tAi laaberraatu-i�? nhn}nnranhiG c ins print n anrJ ni ihlichinn hi ici ? err° � ,pri R "erg, b , imed.mGal anrd nrefessinnal effiGec [Amd Ord. 09-10 d. 7/20110]; fAmd ^'AA s Or 2-99 7120199] (3) Cer\/IGes anrd faGili}ies inGli _inn but nn} limi}e/-1 � r }nT• (a) ^61G}i� barber an/ -beauty an/ salo nrs Gater erS�dry GleaRiRg Ir'i.Mite nn_sitG 6ing;nvrG616te{Rer niGLiin nnl\/ dry Gl lab in/-Ir\/ niGLi in statGRG lab in/-Irnma}s limitadte GeV sep4iAe facilities net "'rnnminn restauraRtj GXGli irdinn rdri\/e_in arld rlri\/e_t�-ni in �t ,onr GLAfeG nr tamiI /•/•Y n a/+GGR1S \/E)GG Ii.m TCed te arts aR4 Grafts, business, beauty, 'nn"inn, d'ri'vinn gYmnuT tFGv, nhr n tronrhry_-, FRGdlinr An karate ii de small item repaTir, .dreRtal of spe ru geeds a-rrcdrp�pRt (CLInIasb i I} nn} Iimitf9d hiG\/GlG6,skate&- heegie beards). With ecGen}inn of hiG\ Gles Yyi.tCh aarn- e�G tr ,-h T ef mntG♦ ac rJ n in ceG}inn 77 rrry -crscr n rrc.rn--rz-(v 1 2, Delray B , all repted spertiRg--geeds muSt be nnv-.p-mvteriie fr-[aACmd. Ord. 3611 10118i11i• fAmd Ord. 15-AR 4r2g} /h �lller� hrea/-IG.;s} studies, b6tGheF GhGGPG, GGGGktail Ini inrres eXer�e TaviT0t.e S e.g. gyims , m 6isse6irms, rRewStands,, GnmmerGlal nr ni ihliG narking lets an/-1 narking garages. /G\ P6 1191"G nnen snaGe plazas [A mrl Ord. 37_09 Q14.1 4.4 - 5 SECTION 4.4.13 (B) (4) GCG $r— °�t14tt'�A tfG Neighberheed n r R e s r__hr-via��n��GFG denClt;J tW elling ,inits per afire [Amd Ord •10_•1.1 4/5./'1'1]5 [Amd Ord. 44_04 •17 I7L:I`0A`]• [Arv�r1 (lrrl 8_98 2T14198]• [Arv�r1 (lrrl Q0_9C. 7' C./QC.7 7 7 _._.�_�.,_] �p�,., (5) Hnt�, rrvtels, anand- r°caid�r�I_t i G ORBS �G°pt Orr—Li-Fl�p-St tQTnr N hhnrhnnrl [Amd Ord. 7740 7/7n/7m• [Amd Ord. G4_04 111161043-5 [Amd Ord. 9_90 21174Q7 (6) Assisted LiViRg CanilitieG, Aliiroing Hemeo, GGRtiR g (m linare Car•Illtleo , ,App}n a maxim,im rl�#er�rty (30) i inits per onro GYnon�.tt-Q %Aioc+ �+Ion+in rc. ci--a-cr� � v-P�.��crui-rcrc ,inito per anre [And QFd 10_ 1 4151117• [And QFd 0140 1/19/10]• [And QFd 20_ (7) Rcc "rRd Breakfast-lid, eXGetc irrLtFl Wi rt 4tlAptnA Nleoghhnrheed, 0 ccc to the pre a�SGRSof r entrirnrp r . [Am d. f1Yr 11_10 7170110] when a port of, nr aggessnrY to, use- (1) the nringinal Darking Into (2) Refuse and sepiige areas /Q\ Preyisiep gf sepiiges and repairr of items ipnii-lept.al to the prinnipal i ioe (4) Ctean veeTp��eit �niiLiIiTr-the soR;G 6tF6lCt6lR_Q A-6 vhP_.FP_ soI'P-vT o'er /r.\ A single family residGRGG, either Sparyte�Tthi..p a 6tF6lt6le hniicing o employee of a b isipess enterprise gnarl,igterl nn the property. (6) Rer•reatlenal fanilitieo .attepi-l.ant to .a multi family resm.plepti ., Pleyelepment , o,ir•h as nn,arts o�eiimming nnnlo ernise ar a rnnmo [AYnr1 a�crr-ate � �svzrn�, , �c-rcr.��ar��, c�t♦��-vvrrr��rCnTCr. QFd. 80 9_55 1-215-519-5-51 (7) Single level meghanigal parking lifts far in-fill rleyelnpment prniegts that SeGt�s T6.a/n\�r'n�6.a(C_)(T) [Amd nYr! 07_08 708]; [Amd QFd. 347 (8) Family day mare herne ,it 6iaRt t 9GGti )R .3.3/1\ [AYnr1. Ord. 255_10 1 Al 911A] 4.4 - 6 SECTION 4.4.13 (D) /fl\ renrdi+ienal Uses and S IG+I�y+ A hewed. The fell n eiinrr 1 i000 .pro .;I�Pi ac Gnnrli+innal 1 icec Iniithin the (`Rfl flit+riG+• Ct�—FFi Q-F= CTCII Al�./4$€R� �.A.10 �/�$€�€n [A mil llril 10-_11 4/5/117 [Am il llril 70-_0-2 0-/1 We] G CGC 1 CG l G�TTI[Am d. DI Q. 1 D 1 1 TI OI 1 ITQ. DI Q. iV DD TI 1 OI VG,7 /1\ AM gtQrnen+ name fanilitieS I�Tted- to h � S aam —^ �T GGTTIITT , ir h°° (2) Child Gore anrd adult y Gage /3\ CinanGial inct5 e.g., hanLc and similar ins+crtuul � inGll irlinn rlri�ie }y,, +t h r ugrrf� II ttMtC6 Su a a R t cc f°catFil rtibh YSS tat.f.Ft.h. r. 9 G Gtic n4.4.13(H)(1). f A m rJ Q r d 45_136 a119106l• fAmd Ord. 713_134 11411) /4\ C nerGgl nrmme�o rinr aGGeoonlry Uses, oaiGh as, a—Ghapel, GFeTmateF y, arrcr+h r ILe fAmd lrr 70_04 1141w057 /F\ Gaoeline o Irmo nr a r-dionenoinr-1 of gaoeline i-lireG+hi in+e VehiGleo evGept da�vrrrrca��tiv7TS-�Tr��P Tn-rc-cnrcccr��-rcv�crTrarca, cT�c�i + sq iGh Imholl nn+ he ;;llpyved in the \N/sjt .4.tlaRtiG TP hhnrhnnrl the , viJtFiGt, rPGF Gorni 'A-tj YeihiGh frnn+ aInnrr At'Apti�P 131 ie nr AI C 7��P 131 wQ ( /L/ Dinp p�GFeye Way) h�+ a nnin+ 105' euth of 4 C� e+ fAmd �lrr1 � , �o crtrr�orrn W.E.. � 713 rt4/n57• fAmd lrr 64_04 111161047• fAmd Ord. 7T120T9�97 /F\ stah ept5 a5 beyyiinn alleys, gym-as.urns, health spas miniat,u-e nnlf Gnlircec ska�n rinks fAmd Ord. 70_04 •1/4/05.7 apu.��Trrrrrer hem--vaars��reer cfl�l-rrea. TrwJ /7\ GliniGO fAmd Qrr1 70_04 X1 •1/4/05.7• fAmd �lrr1 4_91 0212"61913 , /Q\ Mewie teteFs, eXG1 irdinr•1 r-driVe ino [Amd Qrr1 70_04 1/4 05] /Q\ Dlayhel ioeo r-dinner anr-d nl Geo of o hhi fnr Gnmmernial ��--rTayrrvus�,�rrrnTCr— ��, a�-rc�pr�cc��r—tea crcraT nlirnnoeo / GGRGeFtG, love gerfermanGeo\ fAmd QFd 70_04 11 /4 05.7 /1(1\ Pea mark ha are merGhanr-dioe mar+o anr-d oimilar retail used fAmd ca-Trl-arrc��u��ara�-rr arcs, ��7--cr.:uca�rrrcr. Orr1 70_04 1141057• fAmd Orr1 5.1_0-7 10177 /1 1\ Wash with a6tc-4 ac+i�GIp:i GhaniGal ovot o nnhi, fn—.P , �Ag h minimum IntF z �i. fAmd QFd 70_04 •1/4/05.7 fAmr1• f1rr1• 51 93 thirty /r2(1\ 1 ini+c per a-Gre, nn nrnner+9 Irr�ma+r ed- se u+h o�f n -z�R Street anra nrnrFh of S.E--. 2Rd Stre�6I ihieG+ +n +he . .Pg-1 limi+.-+inno of CeG+inn 4.4 1'2/i\ fAmd QFd 47_ 11 1I/Z/177• [Amd Qrr1 •10_•1.1 415.1.1]• fAmd Orr1 70_04 1141057• fAmd Qrr1 5.4_0.1 112010.17• fAmd Qrr1. 2_512 Z' , 1021 �.�.ww /13\ Gre in Home Tine 2 anrd Gemml inity Decirden�I Hernec nl irs ion+ tq �+ , era c rr c �crr�ra-crr-r� rr°ca 5 oeci G-ah OR 9GGtiGR 4.3.'3/I\ fArr�r1 Qrd• 7n_n4��4rvd7 fAmr1 Ord. 2301 4.4 - 7 SECTION 4.4.13 (D) (14) (14) C?estai irants, GGGktail i inner Het and ResideRt�I Tine Inns may GR.fI"aTITJ, T �1TP , aTTQTTi J11T �T'fGr� 4.6.9(Fm)(3) [Amd nrr! 70 04 11415]• [Amd. nrr! 37_01 71101011 y� , y� (15) Drigie in nr i-Irigio th-n61gh FecstauFaRCG r'��Ft lGcar Ye .lh.MP-Lhp \v/pqc nt `Tnr},lemghbnrheed [Amd QFd 70_04 114105]• [Amd QFd L.`A_AA 1.1/•1 L.`/AA7 (1T r6) Hetels,, metelJ, ana�-d- RaasideRtial_type iRRcu nP Fty IGGatfad yiiLi-IiTrlttl: \A�-i°cat Att22RtiG hhnrhnnrl [Amd Ord. •1.1_•10 7/`0/•10'1• [Amd Ord. 70_04 7/ /1°°T I [Amd Ord 64_04 11116104] (177) rCTeat ding nr m0489-1 1-16-8 �r ITdeV Pm Biding rosii1�� T twelve (1 per a�GFG, b6Ft Pet exna��n 30 i inits per anre nn nrnnerty Innated � c�°°�c��c'—cr°'�°ri�T°Pcrry-�vCCrc 9GGtzicR 4-4.13(1) [Amd. Ord. 47_•1-11 /'�/7')7•s [Amr Orr 1011415/11]s • [Amd. Ord 71/07]• [Amd. 1rr . 70_04 1/4/05]• [Amd. 1rr . 04_04 11 /1C/04]_ (18)Be r aAd- °cavrmfust lAps wit IiTrli-e Wesmc aRtmGTPaihhnrhnnrl si ibjGGt t1 thGVir_, gifl—R 9GGtiG)^nT4.3.3/y\ [Amd. Ord. 1 1_1-3 712,31 /r Q�� Anr Ini+ s h en+ +GSon+OGR .3.3 (KKK). lj [Amd. Qrr1. 73_1Q I(Vv 01 (7�IaaFgeFamiIy Ghild GaFe Hnme s''bjeGt +G SeGtOGR 4.3.3/TT\ [Amd. f1�� 2s-la 101191103 (21) S ay Teur and Segway cSales na�ont set�ferth 9GGt cR 4.3.3/7777\ [Amd. Ord. 0441 r4�d� /1\ In established ctrl Intl irec uses shall he olleyyed therein i innn annlinatinn to ani1 apprnv al hy, the (`hief Ri iililinrr (lffini al fnr an nnni ire +inn al linens- (`) Cer aRy ne`nUQVel-�nmTe��annreyal must he gr7a Rt by the site PaR Qevievi and aro Anne� nn__ee _Rear( (SPRAB) p ' S{ia�ed� s 245(5),, c.-4..v(H\Trr), aRa 2[.,(T\�� nrnn I�ated yV+t�n o desinnot hi.ste- i�J Ar i`n.i-I,i.�`i'i\i-lii.�lhi desigRatedriAmd. QFd. 0.1_•17 817.11177 /Q\ GGRditinnal i ices must - nrey ni wsi pan+ the nrn�iisinns of Cer•tlnn 2.4.5(F=). crvnur-cr��rcr.�t-�a�rvP��--parsaurr�t�crr��ry-aT.�rvrr��rvcccTVTT (4) A nnlinatinns fer nnnditinnal use approval ni irsi iant to Cer•tlnn 4 4 1 Q/T\ mi 1st he detailed site nl is by the ite PaR Reviieyy and Anneoronne Rnorrl [Amd. Ord. 2_82 2141027 4.4 - 8 SECTION 4.4.13 (E) (5) /ti\ ��T+he pr�ss fnr mnrlifino n of o nnnrli} r�p�p e�Rd to plan appreyed npura�aRtte 9GGtiGR 4.4.r3 (mss as f �nic: lAmrJ Ord. 6-9-8—2 3156 (a\ Medifiga ns t aRy aspGGt of plop }ho} �nioc o hock fnr determining tarvrvamccr � a+� crn�c-v crcrcr�g gemnllange Vyitte apploGable erfnrmonne sta rl s s h ol�ta nreGG66Ct asr, a mndifigat r-tethe r T} no se annreyal lAmd Ord. 8-98 213198] \ MedmcacrtmA-.As to the nIan }ha} do nn} aff2Et the anacati.ep--nef tht. perfermange stapdards may he Prnnecc as a site plan mnrlifino}inn (6) All deV nmeRt_ar a}iYe�4hi'iGh ed th G61gh G.mthel: the Planning and sng Beard SPRAR er HPR shall be refarretE the Qev-wnvvrr gin tG- the annreYing body. lAmd. QFd. A-1`11177• lAmd. QFd. 8_98 2131987 (7) An\/ d nment of nrener Iona s in limo t er a�,,,,� Sites �-�� a��rna�sr-vr Indi�iidi ioll�i Designated vitas oc lic} nn the LI ngol Register of Hictp-ig Rlogec in �+ �, 4.5.1(!) —cr.»�,r.•r'r �, ��.,,, H0.5tp-.Pir-- r�}fin Rnorrl n6 irrrszaas t tq vGG}i n 7 7 L:/ll\ lAw,r1 Ord. 01_1-2 8-1-211124 /C\ Development Stan 1arr1R• The dey nm i-l.-ri-lo Get forth in Common �vcv crvpnr�rvtCtIYQCCra��crcP�-rrCtt�sta��cr-rvrcri--n-rvcccTVTT 4.'2 ....a pnn�l�i�''II,, � fT hceln�ni In nose of gnnflig} yVi}hncth r onnligohle ddey pmueRtr�F#teRrs this 9GG n shall annly• lAmr1. Ord. 24_95 5116 9t ('I) LJvin1icnTc v The (- BD'is—ca geegFaphoG area in Yeihinh eXGeptmGRG tG height Feg6i!atimenpn .are c . Rt tG San+a OGR 4.3.4(j). lAmr1. nrr1. 71_04 5-141041 (a) GveFall of hi iiIdingo bG A minimum of tWeRty five feet(25') and a maxi—mum of fort i_ejh�cet (48') in het h��F=XGGPtmGR6 to the height t- rmrtat�s call nnmr��lY With SeG}inn �l `'2'�,�il(j)('2) and (4) Per t�-1 ni 1rneses of thm.q— he�}��n as the weamE tapce fc�ivm grade to t��Tghest fi�"e�d reef of irf.�ne of .a fl.a} roof, er t��offi} r«c� rr�..r ca--rcvi-��rr«cc�vr-cr•-rrcrr-rvvr,�vr rrrc a-beeye the Las} ha -bloer of a gable hop er gambrel reef. A. QFd. 6 07 315107] /h\ AFGade Height .�llll the.. minimum �r� fee} (10'), re-P1 from Shall tGTTT�. , E�l�rccr-rrvnT finished argade floor }n finished argade gelling 4.4 - 9 SECTION 4.4.13 (F) (1) (c) /n\ Peer Height shall be a minimurn of ten foot (10') fnr grei Rd flnnrc an11 a R i nm iThr h+ of nine f ec /Q'\ fnr I I n �r f �c� co I . �All r a'LI'T}e Iellging shall e_a minima im fleer hp1 h�fpjgtfeet six innhos i(8'6"\ fnr all flnnrc n�Qedlttat the lebb i' �.�n��i1"all publin reems hAlll ho e_a minima im flnnr h h e+ (1�All heights shall from finishedd fleer }e finish n Auxiliary and seniine ITfGT1JGITGT. GT.I-TfC"Pr CV�T�JI'l U C,TOT6G reems si inh as garages roc ems nlese� Ian inllry reems 1lressimr, rc�vriT��avrr-ate,�ur�a��ca ,�v.� , ,�rcaa rei„eee,1mns steFage reems,M nh l, eleGtFiGal, and nIl lmhing egi Teern�+ reemra are exempted frorm r ever r height- eg-crrla+irenrs. Amd Ord 3151071 NOTE:EXEMPTIONS TO 25 FT.MIN. HEIGHT ARE PROVIDED 48 FT. BUILDING IN 4,4.13(F)(1)(C)ABOVE. HEIGHT 9 FT-MIN- 10 FT. MIN. C'1 9 Ore 4.4.13-4 - Q O'IIIr'In 9 HeiI ght Dequimnents[Amd. Qrd. 6-07 3iW7] (2) Open CpaGe• A minimum of 1004 nnn_�i en snore shall he �v-�rvTry un--ac nFG)Via8d, GXGGt as fellewsueAmd. Ord 01_12 8-1`11127; [/f,mrJ Ord 22-9.9 711 [Arnrl Ord. 24-95 C.1�16195] (a) There shall he ne minimum ere spaGe iirem rnii n e_oreo ��.,,� � `1`^�� rr arm cr eRGGFRpassed by LwG A- in A-f original -QA-kAin }e R Dev nmen�� rity as�Grih� in CeG} rrn--81.22.2(B); withip the Din rule M ea• er east of t(�rT�tal i--n-r .�TV-v�-rvTe� �e��ca—vr—c-cr�r�vr— /h\ The hedy anting iIPGR a deVelenment annlinatinn fer a nrenerty Within the jRfl T ire that eneR areas, IRrG16 filling hi it net limited- t1 nninecaFryalas, piazzas, and IandsnageE1 be nacc i�p-]eF tee ai-I�Ttelreet and nrnYii-le relef f�thie iililing mass [Amd QFd 01- 4.4 - 10 SECTION 4.4.13 (F) (3) /Q\ Building Crent@92• [Amd vrc 6--_07 245.407]• [Amd vrc 64_04 11116404]; [Amd QFdd 71_04 5144047 (a) , b6lildiRg fFGRtage f°r .ten ins°ri�Att per+i°� +�6cRg t,rhT nrimani streeCTAinTrp—, tTh-r° minimum rplY1 lyreS;dtQ rrcn o°ur-rcr. /h\ The b iilydine freRtage fnr the nrimoni st`1�^°+�nf a nnrn°r 'At is t� (b) The vi--cr•-vvTi-rcr-rc pe+tien of the 'At i�t,� the primary street mini is the minim61 Fn v Tern--vr— � `� cr-r�.. cr-n-rrrrcr� cr-r�. r Tpryllyr�Sir•le c°+honLs /n\ The b iilydine freRtage fnr �enrdory street side of a nnrner 'At ir-the 1�7T�c-a°rtrarrr�-rrvrTCa.�.c-r°'r arrcxar�a cr-r° pe+tien of tI�9'r+ ohi ltt� thG SGGenrJcTTdaiyat�a°+ mini is +hta minima im v Torn--vr rr-aucr `� cT-rrmra� crr� Tr 1—1 M..- f�+ o °or s°+honLs (d) FreRtage and SG shall - °n frnm nrnn°r+� —Gl— SI ff —1.1r �rya i1°ilin�+i°n is FegUiFed fr°m +h° r°siil+inrr Pr°PeFty line a#i-Qp i1°ilin�+i°n ui F w L�H PH Q) I-,-Z O PRIMARY mss, L PRIMARY STREET Q ¢0 O STREET mz FRONTAGE d _, FRONTAGE wcc cn m R.O.W. R.O.W. R.O.W. C in��rn A A 1Z_C._ Q��ililir�n Frontage (a The fellewine minima im frnn+ set��j shall applly orralll-aia�.sr 1 Cer hi imidoRes Vith PeSiderrtial uses en erei iRd fleer: t°crnrfee 4c�rv7 Cer h iilyines yVilth nenrecic ept�l a�ea en te-gre nr flee—r- filie fee . � c+ / 2— Cer tb6lildiRgG f FE)nrtiRg en A 1 A er en AeinTtir, 4iP ni �th.044 the %A eSt AylQrtir °-area-d-�v°OCavrhmA Area zerp feet� 4.4 - 11 SECTION 4.4.13 (F) (4) (b) \ 17--i radar?eR to SeEti nit it 13(C)(4)(o) ohe ie fnr hiii� ARgs fronting eR A� 1 /1 /lt�ntin yeel1e in the West /ltIantin Aj hherheed and Re�nh �T rrcra--r-cPCrrcrc�rr o-�o�.rrrc rrcra--rP c-acrT DiS}aj and en 1 IG and 9F. 5th and Fan 6th AP n � 1 . LOYTGD I CVCI C Gre Rd leer to thirty seven foot /37'\• A minima im of seVenty nernent (700%) and o movimi im of ninety nernent (900%) of the b6iildin Ter e shall be set hank Re greater than ton foot /19'\ frrern the nrnnerty lino The eremaining length ef the building nollbe sethonL o minima im of fifteen foot (15') from the nrnneFty lino 2. UPPER I C\/CI C _ eve thirty seven feet (37') to ferty_eight feet (480• At ast seV t /7004\ of the frnn e shall he set h�nL o minima im of fifteen feet (15') from the nrnnerty line The ey oininn length ef the- Wv ,y i7 ` aW nemny Wit h the minimum req n W ?ebaGkj.hefn area fneonh leer nnntaiR within nnr • he GtF61ct61Fe that 06 y- Ft of seVen feet (37'\ to ferty eight feet (48') in height a„ol t l ReeXGeed SeVencT ty Pe-rrcent (70,04) of the fleer ar nentained Within the aWew ab& rrrei Rd Wel fnntnrint (G)In ai-ditien to SeGtTeR 4.4.13/C\(4)(a) abeye fnr b6lildiRgG fFGRtiRg GR ether rights_ef_way in the GBDf 1 r.zLOWER CVC C _ n Rd foor to twenty fide feet (MF')• /� minima im of seVenty nernent (700%) and o movimi im of ninety nernent (90,04) of the Wdin fFeRtage shall he set hank Re greater than ten feet /19'\ frremTr the nrnneFty line The eremaining length ef the building noll set hank a minima R; of fifteen feet (15') from the nreneFt line 7 I IDDGD I CVCI C e twenty five feet (25'\ to fert�i_eight feet z:vrr twenty (480• At ast seV t /7004\ of the fFeRtage shall he set h�nL o minima rn off fifteen feet (15') from the nrnnerty line The ey oininn length of th'1.. 7LA,R9 shall nemnl�i With the minima im req�W setbtb,�jThee frlreer reafnc„ eonh leer nnnt�R within nnr • n of he GtF6Fct61Fe that 06 i twenty fide feet /ZVF'\ to fert y eight feet '\ in height ReteXGeed SeVenty PeFGent (7004) of Chef I er ar nentained Within the aWewable rrrei lRd leVel fentnrint 4.4 - 12 SECTION 4.4.13 (F) (4) (d) Q 17--rn add-rien to SeV n 4 4 1'2/C\/4\/o\ abeye where allewedr 1 UPPER LEI-Q=- abeve feFtyeight feet (48+ At least RiRety FePG°nt (9094) of the fren}�p sbol a i�e} honk o minimm of thirty feet (300 frem nrepert,y IlKe.„The remaining I�t�h of the b l i ON' neMpy Wk the ini the uirea��HO.,}j" `J�} hlan�rea Within tht�l�7tl�r'�vR of the St-tFcttFi° MY °vn° 14Y e+cg"t feet /480 in he h� olt eXGee Afty PePGeR /50elf the leer area nentained w4hk the allewahle erei inrl Ie�iel fnntnrint //e�rrnrs 1ThT ( ' te"F tewR hem°c haying resideRti l 61ses eR all are nt Fp q` ed With Upper IeVel fFe tags and leer aF ca requ remeRts. Gre, Rd leer frentjge i a� nk r eir TmeRts ll � apply. Canh stem sha net evneed tWehie feet (120 in hQ# 7 Mei-?GateRS to the fFain-r a req61ireMeRtS m�••i••ay be p mitt��te ,�I GTIT ,r�rlrrcr ca annemmedate-stamp- " ers, eleya er shafts, lira- T°ey e1e meR#,,-, ether ne habitable e1e 1°nttG e�fr��1Gt61 a sight visibility triaRgles TT > > 4ehin6filar anness ways and utilities. In all noses thmedva iGat�lrr shall be the minimum required to annemmerdate theTaGess,aarp fe o c is of reGar�T h�dth� feet (50 \ er less shall be_exemted- fr��mrthe iii ail fFeernr a FegUWFeFH°nts�nre�yide a minima im f`i'Ve�f feet (50 trc maximum t°n feet /1 GO setdaGk is pre�a fer the nertmeR -of the building frem finish grade enty fide feet (250 in h?ght anal [7T1.1 t$�crr<y-�-rv-cTCCCT�v�rmT"'y''c-crrTCr a minimum fifte en feet (150 se nk is previdec abeve_,a heie�ncfr tWeRty fide feet (250 and aheye ferty eight feet (48 \ a thirty /�� minor i �etdank frem yeperty WE; shall o�n�n�y 4. Mei-?Gat�j to t-he free ° re �1 e}et5 may be rant by the a �,�t-a�cTeq�+r ��,�,a,-r� Site-Plaari-Review anal pp beard eF the HistOw 1-1- iatien �c-�--rcacr-PCrcrvrr Beard in erder_ t° zas that ReGTthe buiIdiRg ton the e ��'.sidewalk and nremetecGeGial irnrtera$ -�-e# of thef llewine• ni ihlru!OG sseatiR areas, safes,SG InWF°�r �--a-r � � urFr ether aT werk fer ni ihlin display, and similar F Darkinrr garages SaQcnet e minima im frem and street side° tr �setbaGks of tu°-rnrfeet (100, and a minimum WHcr e m f r- five feet (5 \ frem anY alley right a way. PaN?Rg garages mi fist nemnly With regUWements of SeGtien it G: 18(B)(I4)( ii)/il\ 4.4 - 13 SECTION 4.4.13 (F) (4) (e) 6. v. n n�vrvaiiTCUtFtri-F� tt�Lttl Fnv-R t a g e re n i s i re}�S may i b e ra R t h�i �j Site n I `u`�-CTC�-aTr �� Sit-Plan-Revi.eei .;ni1 / pp LliotA-.in Ta Dr000r�i�}inn -�--rcacrvcrcrorr Rnard in n.Pdt-QP te- Gi.Vi.n hi iildinns6aGh as Iih T ni it}i iral faG.....es mi ininipal hi iildinrrs e}n /f\ Supplemen+al- IThe frrApr}rqtthar-k ATtQA shall be fopished }wo h paving mater t61 ima�+ �he ex��n n Tnr sirltQ niocvvAl Cs�iv�it IiR the a-cijaGG-rnr Fight f- 7 Ri iildinn and site design shall Dreyen}inn Thre inh Cn\/Irnnm n I'lesirrn /(`DTCfI\ s dards to the }en} �nvn-vnrrr�rrtAi �a-�� r�lttl:�r�cca��rcrrc pesF°3 Te 2 4 n ? �qhioll hAutQ o minima im widthhfte tae} (1 Af neli imps nr pilasters up to a maxim,im �Agi. lth of twe feet /7'\ /ti\ Carle intermor #er all hi iilrlinns shall be as, [Amd Ord 21 04 51410 (a) Tern fee} /0'\ from the property line if}here is yehi.G filar anness a�roilahle to the rear of any stF6FGt6H"e,-G /h)reeR Tee} (10') from the nrnneFty line Y.9hUQFG. PA P hint it�r �nness�j a�iai ate the rear of aRy ctrFGture Per a side interin t_�t n} (10') sethaGk is req aired nnhi nn nne /1\ side (") Bi ii l a uldiRgs shall G mpI With T9eGti)R 4.6.4(A), as a aab leTC-[a- md. Ord. 6-07 315107] 11116104• [Amd OFF- -21-04 514104] ja\ Side street Setidta sh o luri--atQ tai4e n fcn--rry mr the p rn p cy-- e r}�icrII i R e,�a rvr Of a d edina}inn is req aired frnm }he rest il}inrr nrnneFty line a#p-.p dedin.�}inn /h\�Ci� StFaiat -bliildi Tant ag and set-��LT jshall nnmnlY Wit h the Ga h �eE{H FeFR e Rl tG O R eGtFlgp4.442(P)(T) [A m.I n F d. 6-07 315107] (n) GGFrrtera1-nm' y GVrnrl'iR61e primapi frnn a setbA-A-.ca fnqtA n�T sixty feet /60'\ frnm the freRt prepeFty line nr if o d fine n is r996impedr fPA-.rAr}rfa Fe66iTtmRn PFGc�r}y-liRia A-ftt-QP dfadiGatieR. [Amd. Ord R-137 315107] 4.4 - 14 SECTION 4.4.13 (F) (6) (c) SAME DEVELOPMENT STANDARDS MAY APPLY TO FIRST 60 FT. O r 0 60 FT. 0 w PRIMARY R.Q.W. Figure 4.4.13-6—Go-mer ie+s rnmd. nra. C-n7 4f5.fQ7 (7) ReaF Seth� [nmd QFd 6 0 315107] (aa) All building flnnrs gall ho a minimum Gf eR fee (1(1') from the nrnneFty I /h\ Buildings shall also nnmnhi With Con+inn 4.6.4(A) as annlinahlo /Q\ C UntUrp,; A lln; xpd Wr hog Set�@nL rnw,rl QFd 21-04 51410 A7 (aa) Balr maxim]im of fe it fee (^ c am-)-oRte the rtQt;;r--rsr. (b) Loggias n��.d,rises abeyo the gFe 101-1 flnnr .aro��.allln�aolge l to onnrn.�nh iTrte—Lttl �tl3t cFca n�Qedthey rl ��eedlt e require buildiRg sethaAk of the nnrtinn of tho flnnr dirontly halms] it /n\ Deef Eaves may ' tbethe se bar--ca a maxim]im of fe it fee 1�7-1T°vr rmu� 4.4 - 15 SECTION 4.4.13 (F) (8) ROOF EAVES MAX.4 FT. OPEN TRELLISES AND LOGGIA4 --- BALCONIES 4 FT.MAX. PROPERTY LINE R Figure 4.4.13-7- CnrrGarhmnn4c TI� �97 T+qri Dogs}r , S� , and Q11ildinnc� addi}I.nrn to the a-b the Gal Register of I--lic�-in Dlonoc in CG/�}i n1� �hjGGt }� pFG_Vicinnc of Register`"' GT-Cl-7-flT TGTfG-G-G71TT�ri G��"-�i � i� , ri G�L-Lt.� l7TTSl7T SeGtOGR 4.5.1 . [Amd. QFd. 01 12 8121112] supplemental Requo.—__ [Amd. Ord. 44_04 11116104] (s) WiLtliR that peFi.e.p,�--nef the D hn1 i�n�rle by wmptI 4�ionI tQ.-v0- thtQ. Ie1Gst AI C `�Rd S Feett G_.r ��.,n,.,A-Fth, �t.,he 1R�bAi k4olat�Irti: peas} and C.G. `� Ctreo�rti-Fe se6ith, the parkiRg Peg--,iwern er-All nnn rGO.9-9.6.9 116eG GGn�S_tal Iran}o hn+�5 and mntel5 hlIGiReGG rn�rrrc�r�crr i--cr�c�, �C�cFr avrrcrrrc�;rrvc -arraTrrv �scrs�-rca� and nrnfessinnal nffiGOC, arna Gall GGRtGFS, Sh-aclrl _b-o nnno cna-G�O fnrr r ocaa-tv-h 1� 300 sq iaFe feet of r•Irnoo flnnr area 0-r fraG}inn r G narLiR vvv�gzr ar-c�}�c,,r-vr-gTV.r��TVV-rarc-a--vi--n-accrvrr � c-�a�rn}T�rtg, TCLLL-LL fnr Lttl:( �C�}ri-c rm--e -pe "cv.�fleeIr area, shall l--aallse inGr,TTVIIra-ce the To�"'�`nlllr^�n� eYo n��ef R ay p eVinl Teq iF' e paFkiRg WhiG•hh ay 1 , eIkrr..at pd%Ni.thin-O-11 ether nrophiGoreas of the vueR roI Gore onrl 4.6.@(G) shall apply as f er wothoR this�CQi'hJG GtTi n / _- [AmQT Ord. 0-8,13 4 6 3]• [Amd. Ord. U=09]; [4md rd. 3�-A7 9.11810-7]• [Amd nrd 64 0-4 44146104]• [Amd nrd 64 0-4 10-3]• [Amd nrd A 0-4 21610-4]• [Amd nrd 63 93 123193] 4.4 - 16 SECTION 4.4.13 (G) (1) (b) /h\ WheR the parking rppm�y�ern n+c are applied to either peyV deyelepm°n+ 1�7�'T cr-r� �""I`^" riGr-C'v cRrR..TrTCV�crca vrv-�-rrvr-rr expansion of an e34;663tFpry use nr a nhanrr° in 616e Whinh A-96-31-06 in +h° , Tpryl lyr°Yl'1°n+ of only nn° Rew marking croon° a eRe on° GXpnL shall b e-a I ricvPCtl. T-h i G eXeFRPtiGR FRay GRIY GGG61F GRGe eF- ep�y- [Amd Ord 6_01 222n/n7]5 [Amd Ord 6,3_$3 123/937 /n�rthe Feq iFe paFkiRg r n+ nr nanny a r�rn�iii-i-Q d- �TJ to nr off oite f°cG GptiGR IPPE^a i °mac a- OR 9GGtiG)R 4.6.@(E)(3) may he appi . Amr1 Ord. 21c�-1 r /��7• [AmrJ Ord 63_9-3 1112 /937 (d) Cnr all prnpeFty IGGA-ti -1 frnm CWOR 4wiQp,i° nn �eir-s+ +p AI�(SFFth }^ the/� ��+} Icc��-r c�rrr•�crcp-v�rrr�/•� }I�/��r�+cv-rr v �+ �rPGTfGftltrC'I e east, betwe°GTTCRa.p.t. iT`4t-QA, - C'I t-Q t-Q r�J }L�7 nn nor+h app-1 se i+h sird°s of /\ °n, a T-Awp crr crrarra-�vu � crtcr�a$ vv-rT A-f L�te -Plat (P.B. 1 , P.G. 3), the parkiRg,r equiremeRt#o Testa;,rr cat lishedaat 12 span°s p square zee f nrncc fleet area 61pte nn�g��d-t#en 15 `c'i•�o�n"°`c PGF 1 ,000 cn f+ of nrncc -I + T flnar� ey e�t�e-H� t2nn sqf�Wi t�t�{ie(n°p+inn of Old Cnhnnl Cr iar° The parking r°n,iir�}��} for resta iron+c in elonn° of the(`°n+rol The L fvITGT G�l.fTLTfCJ1Tr- ITQTfvri�vT CrGTfCTGR GeFe-and @°asap rea at sow (6) spaGeo n°r 1 nnn orv�� vi--r-vv�..ic1. of grnas flreeF ar ea [Amd lrr 2790-_1r 1 9r120111]• [Avr lrc. (11-09 1120109];`0/0907• [Arv�r1 QFd CZ_9Z •1.1/-' /93] �� The te��e a g-i eg eMAR r hnt°Il; narra-Tet eiithTr that nn f the (`Rfl hn,inrl°r1 h�i C�nnn ��i°n,i° nn �nir�s+ r�Ad C � the y �rTteR-rP�„ tQgt e s+�t�e R° tttl�r� St2� \N-A to A p the east a r'arra-v-Ez R d StFeet$�-�t�e , se-ti-is established at 0.7 of a span° fGF eaGh p616} rnnm nli is nn° \ /1 span° p°r 300 69 fF pf flppr ar°a i-1°yin+°i-1"+`n""h�.AWFnnms m°°+inrr Feems anhnps and 12 span°s per 1,000 square feet ngress lnirG�p to 6,000 sq. f�dthen 15 spaGeG p°r 1�yq #. of rrrnssfln�rea eves i"p`i'Itjal 6,000 sq. ft., restaurants and In,innes yVithi..p R°vt°GTnv� mn+°I nn propeFty Ionated frnm 8Win /\yelpue nn thi�ei°s+ +n AIC/CC rrrvccr-vrr-Frrv�vrcy-�accrccc crrcrc-vn w��rcvTr�v� FitP° tQ tp thtQ °s+ alleys nn nor+h anr-1 sn,i+h Gird°s of /�t��+i�°ni 1e shn�ein nn +h° uTrc�az�rr crr-arry-�vu crtcr�a$�rivvvrrvrrcrn. Tnyf I iR�teRPIet( 1 D the hoIonn° of the GerRtral Gere anr-1 Ranh /\r°a, rr+h° minima im pa rLi n Fe a °n+ is siv /^\ span°s p°r 1 ,000 sn f+ of nrncc fleet ar°ea-Qel.eted- restaurraaRts and Ina ropes �niit n e+°I nr mgtel [A rr�r1 (lrrl rt 70/77]• [A rr�r1 (lrrl 07_ vrr rr ccT-vr�-rry A',�p.� d. rd vQv--1r1--vrvQ]• [AmrJ Ord. 35-07 9118107] s 4.4 - 17 SECTION 4.4.13 (G) (1) (� (f�he parkiRg Peg uT.PerneptS f•'rcr PeSideptial aTri S; i..A rmr 6iltT°mamiiy atruGtu es and mive�lse b 1ildings shall be � fnllews• [Arr�rl Ord. �Q a�-ra--rrn�c r.�crrrcrrr��-crrr��.. �cm-vvra. • Cffinie An.'.-I-.-840@ - Ai+ • OR@ herJrnnm .-h.-elliAg - Ai+ 1.25 inanes/. Ant • Two or more bedroom ri-e-elling -mit 1.75 inanes/.snit • Guest narking shall he provided n--m--la+iyely as follo�n-r for the first 7n --Ante for- s '2'I_Fn n 7n manes/--Ai+ \�thin Tewphn--se anal Tey Rhn--se tine nleVelnnments narking magi be nr�rvvTacc in front of garage_161ROttS PFGViQe t 611nh narking Angs Pet res--I+ in the spaGG for ono --nit i Rp dinrra n�� tn�paGe of +ho other rcaaT nT�--" "f"uc�rv�--vrrc-crrrrrn cc �v uc�vrcrn�crr� --nit [Amd Qrrl 01_12 8121112]; [Amd �lrrl 37_01 71101011 s /h\ I Ora+ien of Guest Darkmnn CnareS� Guest narking snares must -he ible n �Is-rt -s pguests and FRay be nontr-lized a ann j � e� d Igo�toi1 ReeF FeGFee}-^ eatures i.t�nacP nmeRt PrFGj nt [Amd f1rrl vrr��21117]• [Amd.wrcw C 0�3 512010 3] /i The narking req�eMeRt for h--sipess .�ni-1 nrgfossign.�l gffinos ithiI4 thtQ AIlAwmRg n"n"Ir`^ j.q a t} _ ^fin a�� lichee pouf ono / I\ cr�o n�eT 300 sq. fit nef Ae+ fIn��tet-Fat. [Amd.v- rd. A�1_�1'2 @1-2ii A 2]5 [Amd.Ord. 0�1v�--09 11-20109]5 s 1 . The enpv t-rn,.p ef G D hn1-odes by Swo.-nr .4A4tQAtQ n thtQ y 86t, AIA .F=.2ndSLteet-GR the-RGFth,thGe Ir�tFaRGA-asbAi k4olat ne4•'crvvay eR the °e s .�n�laS.Ez 2Rd StFeet GR the GG 1+h• [Amd. QFd. 07_AA 3131097 2. The PGPI.A-.P F- a hr-rcth 4Pg n-cr�ic-vn thiQ. West, Ni F GtI4yen1n the east, N.E. ` Rd Street eR the seulth Geerge Bush Rhi A the nor}h• and [Amd. Ord. 07_09 313109] 3. The pertieR of the r D be-up led by S.E.5 AAienln thtQ. wtQr ,r,� S.E. en--e nn east 7nnl C nn ReFth anal C C vct�-l-�t�Fcrrcr�vn t�(.�caa� . ��vt�e2t--vrrTrn-r-crrTa--�� 4th StFeet ep the seuh [Amd Ord. 07_09 313 4.4 - 18 SECTION 4.4.13 (G) (2) (Z) West T+TI R-a7n T+Tin-, Ar leinhherheer CunnleT"Tn+RaTl I lic+riu ienq- T he - --..n+ Ren� la+...... 1 1 T. Dis r as r-fafiTn T in dGGtirnrn 4.d-6/R\• [Arr Orr 64-134�11r11r6 r/v 047 7 (aa) C` nGFGmal GtFUFGtUl-oo are limited }n a maxima im depth of 150 foot from the ulti-m—ate Fight of way of ^LtAlnTti[mr, 4w ni fie i finless the narn°el�--1 freR� e nn NP AI. fie er C VV. 5th A4eni fie AnnoccE)gamy--ase°a 66Inh as narking areas Iani-lsnaning and i-lrainage FeteRtlelpl may extend- hey 0(1 feet limit Gs lishment er nancinn of cn-a—rs�.. c--rcrvr-iTn�-r�a rrrcn-r-vr- atF6Fat6lFea he�d IF—:;Q— feet Ir FRay he Ile sisal �o nenilitien �l i ise 6i iGGt tG th9i 10rod finding6 Gf 9Gmn 45CG\ -� (b) There mi Pe atroir--tlr vn repair a n�IcaTTar vTT ee rnr�r Fc}rii Tnr�Af AAA-Ter genferming single family reGmdennes Ienate91 a minimum of IF—:;Q— feet from Atlantis 4wen6fie /g\ Civ (6) narking snages per 1 ,000 square feet essss fleeraarrea are I-equorpPI frrAr--rr°ea and nee (I) narking mane n 300 square TCeu__t of gress fleer area is required fnr all ether nnn_recirlential uses, evgent het an—«rra--rmetels ani-1 hi isiness ani1 nffines D�rPA g� sn�? fnr resirlent�l i ices ore required rates es lishei-1 in a �crcrr i--a�ca—a-rcT`"'``11``^^ �� .r ccrrrT 9ee-Gtm,Tr4,6.Q(G)(2) rAmrl Ord 01_09 11201001. (d The na�rkiiRg e �eYllen r hotels and motels is es lishea} (\ 7 of a G ri rr rya-rrrvrcr..r-rr�.� �v�--vra ampune fed r eaGh g6leSt deem P1616 one (1) mpune n of flnnr ur°ec°r-aeve-ted- trc -hall rs,TCCtiRg rc�ree ns, venps a a— nrr r—.six (6) s7FaGeG Per 1,000 sg f+ of fleer areQeeveted tC--FestaiiFa Tcj—a TQ lei inges wothin the hotel er motel (e) if the required parkiRg � RG)t be pre iir1e n� t� A Aff-site- the in I081-1 fee GptmGR nre Vmde I R ScGtOGn [L(��\(3) magi he ape-! [Amd Ord. -21�A7/�1�1] "� /f\ Parking areas ani-1 anness ei j to narking Iets FF11-16- e InGAtGE]tthe Tear of gnmmersstrur--turess } haaye ' e nnT� Apr Pence \k4h�ercrc-lG-GaRRg pa kg tG the FGac�i-volt i-Q �ihIr�TC-vT ann aate�ethe Site Pap Revmmavv `"��`" Af pearange Rnorrl m annreye an alternate lenatien /g\ The narking r ent fnr hi isiness and nrnfessinnal effines is l J7T� ��crTr-rvr-rscr.�n-rc�� nT-ray--vnTaca�.� eeab Iishe at one (1) sea a Per 30,069• ft. fle�� .mod Orr- 0�1_09 1/70/097 """ ""I (`2) Hi6 6+r��'� Sotes, and QuiIdinng- PFGPe.-rrtFCr Irvsac with0P A Histe-Fir-- PaGeS 4.5.1(1), shall GGR;ply With the Visual C;c)rnpatoboloty-2-t;-;Ad-;-;Pd-.q- Gf SeentcatOGR 4.5.1(F=)(8). [Amyl Ord 01_17 8 4.4 - 19 • I I r 1 1 1 1 AN WHOM 0--liffill. MIMI 1 1 � ■ 1 1 1 1 ► - 1 � � 1 1 ► I � 1 . � I � _ • • 1 1 1 \ 1 1 \ 1 1 1 I 1 1 \ 1 1 1 11 1 1 � ■� �� X 1 1 I I 11 111111:,l :: 3111M TZ 1 1 \ 1 1 1 \ 1 � � 1 \ I I d ff.1 b MR.1- 1 Awwr- ..............Ml d. .d AXVAFM 111101,11�11111� 11111111 MI.WO 0 PW 91 RAW W!ft! I! ........... ON Mlip , w 0 'FlmT,4=ffiTl"r2 M IL-Ki!RAWA FlPZ U-49A II . ZMT 2772MY . ..... MW....... e warr.WA • P. M. P.6"M All 101"Im 9#A a-VIN M- ................................... A war.". ................ Mom- ------------- .60 fow moll r.vwffl.M VIM 1 2 MEW W.- P.M.'row.1"! -1 MW I PS RINI-101 .9.1101110-AI SECTION 4.4.13 (I) (2) (2) Iditm.p-.p te the stap : and requiremeRts set fer}h in r-rn-sa seEtiep twelve (121 61 Ril 1Q_AL A/A/AL7• [ �md Ord LA� L �}rol ( nr° are oc f �: [ � rr Ord. _ nn 11.11G.04]5 [Amd Ord. 8-98 213198] (a) The develepmept eferu��arrra}ricA. ..A.--desogR to ad-d- -nTC rcr°ca�tplttl: i F iG i.1i�°f ifF A-,mrl iildi A-66. et pa nnn a° several-A-f-th l�i c Ilnn.g ele T�s�P�ty in yVm..A A-yV}LTioCTnJ r rnnr shapes ' f cn nnr�?; and design elerllnTTeptss sanih aass shutters, yVi-A Aw m, llinns nc�zTVias reEcnrratove toles er similar d—isti.RguishoRg feature?. [Amr1 Ord. �1_134 514104]• [Amd Ord. 8-98 213198] (b)If the b6iildiRg inn16 ides a narLiRg g age-as-«rra�ar'aaTacell-=rtF6Fct6lFe GF VAt - t'h°.. nrinninal hi hiding, the garage eteva}i n pre iid m o�; eleP1QJ ,L .th ain hi iildinrr thF ,irrh the 1-16e. of similar hi iilr-Iinn mat°r , and nnlnr and hnri�llY1� GIGR GRtS ova T..TT ll..�.��llTTV��O, arnhi al St yl� P °nt of }inn of ,inr-I flnnr �,�e� �r—a--�o��,--ter— � n°rimeter onion°n} }n c}r°°} rights ef.,�,�,nio,.�,iis deye}°rl }n yyi-A ew displays er fv li--leeF ar a�itive--uSeu�-ttl--crJ eta.ml tia Persnna1 Ani-1 hi isin°ss s°niin° °s lishm ,.,+ °n}°r nm°n} nffin°s is ��t „Tents, crrrcrta,�n-rcrr , vn,�cca, et(�� age rnmd Ord 21_04 5141047• rnmd Ord Q_QQ g? \ cber�ffer°n} --,Am.} types sizes anP'I fleer plans are avail e vPit Trlt p deyelepFRept Ty gp a n PI t#reehepl ppp m ,i n its a Fe e n nTTCV U Fag-E r as are a nnmhina} r� nTr-cr A.d- flats. IIR pr(GG}s GRS& nforTm�nrPtaR tWeJV a (1 2) dwell i ini+s' the IFtin��e#��nn�no,rr s ie type ,ini}s may "�� 4°^d- `FO/ of he tet-al i ini}s Th°rr nn a �cmTr� �c v7o-vr �rrrc�� Try m avim,im ,TT n eFGeRtage lest li sp°d fnr nrnrests�h �� inr }w°Iv° /12\T nr fewer upit a mix of ,ini} }yin°s an—arra-6izZes is nn,iron [Arnr1 Ord. Q_QQ 2111QQ7 (d)The PF°TGG °sign shall nreate an eyeroll ,inifi arnhi}d al nharan} ri-a�-c rrr-crccrcc-crn--cvcl�urrurn�-r r ��,,.,-cr�t,-�vrra�-acr and 0 F age by use of nnmmen elemeets�et+aveep 'iIi-]i T parkoRg Win} and IanrlsnaniRgExamples of snme Teaturesthat it e i n nn ateElte Meet-L7-liss s to n i-I.a rill .A r°• f r d i n rr light n PI e�te�-F light ,.,I f i y t 6l r,a,y ,L�t�t�t�, A—rare—QeEvra-t /moo A E st°acrti�wT�Lttl: aui aT Tteat tFe'at�C '�LtFl -b lu i 1 d i n °s}r i acrn�T aTTertr[Te7�a n�Tam beeshes, shaded- .,a l ys, aR- paverneRt that ar° similar in forms nnlnrs mat°r� nr d Is as �ial:dhite4tur of ,��,Ta �Qeta�,�-�� l-iilr-Iinn/s\; fnnol Pnin}s6aGh as p ihlin or} water eteaturta,fe inta-�R-, nr+,lFt yarr-I nr n,ihlin plazas desigped °n�e °n}�� .�I�a nv rrti-pueus pedestroaR walkway; nr a of similar features that+meet-the teptet-thIss sqta",cra;d [Amd Ord 21_04 5.14/04]• [A. .d- Ord. 8-98 213198] 4.4 - 22 SECTION 4.4.13 (I) (2) (e) The dey pmen} PrnVid°c GFgmmerr—arcs oarrndler amu°-rpritimas,�cr r � ��an e s eiimmipg nnnls eXerniGe Feems stl-agee Feemrs e IGGkcerS,GGVGFG narking aarraeeS GGHFtyarrls er similar areas apdle . rA , . Ord. 8.9-8 ' 4/QArAtQA es (f�he dey amen} premetes edes}rio�TAv°yy��6 by preyidinn nnn�i °n} ann866 from resii-18p1 11pi}6 +G°TlT n hlin 611-1 ct�rrP fcrrr-Qacc��rmrr a crr i--crRn� c� 1i b l i G �r�ca v cmt system. D °s ' n ores on6ett 6iildinn are °nhonn°rl by r�rn�iiilinir aidi}irnrnra.l srid-°aycacrrk r arc°a cc}� s Am°�level aq the ab c}tiRg n1 ihl diQw;;lk4GGessw y6, to narking arcs are desigRe i�aa manner }ha} minimi��G nnnflin}s h° e n �i°h Gl o�p °s ' n6, rrrrn-rrTCr- ��sc � the,� ,,� The p6 hlrr�liG StFe°}cT-GF i—mrmrr io odioGGRt tG d8 F pmueRt are enhann8i-1 in a manner that is nnnsi6t n} Yyit.h. th.'8 StFe in the ar�crn�urTCCCrn�--cr-m-arrrrcrLth�c-r.�--�svrrsr.�c�rrc-aPr d-A-yVin�te-vi-n area (M.G., inst:-;ITlu a}cirncrn o�f Rede�s, ext°nr�sinn r ovT f � 6tmR P r hlnnk s„sterg,iRstalla n of annrnved street ightog-, e}n \ [Amd Qrrl 8_9-8 21319-8] �7Th�QeVeIGPFRe-� T�GPP � ��t�•-re paFkinrr .innessways "�"f"T�TAT > > driveways, Gtr., with er nreyides aidi}i gal narking spa S rt that may be 6ised by the ni ihlin [/f,md Ord Q_QQ 213 (h-1)--rPrrejeEts f�rvrrt-Ar'g e r AtlaRtG Avenue, N\A//C\A/ ti Avenue, N.E. i st C et nr S.E. 1 6, tF et ngn} n nnnr°sii-1°n}i.,- .l 11686, nn rni ini-1 4t�e , LteGL�CITtQllTrttl-AIZTJG J�Tr-��.,�,T,l��LITTCT flnrn-ei 4TtIe SGV n}�i_fiVG PGFGGGRt (7ti�T sl lrfoTraGCe-area li FI�Fvrri street wall/s\ at the g of eaaa,nah6l-lnh hl lilt-ling 06 deVEAeG-1Ce display wiRdeyis and teen roRGGS tG �m TmT°rniol 116°s from n11}sirl° }h° hllili-ling [Amd Ord G4_n4 X11116 04]5 [Amd Ord 21_134 5514104]; [Amd Ord. 8_9-8 21419-87 The Ioa1ndSGane plan fnr the dey nmeRt pree te onrl innnrnnro� eXiGt+pg Rat+ve vegetat, wheFe available), prnVideS RAW IAPPIsnA pipg } is iern exn�°6,s of mipimurn stG� r e /in height a�nra gf6lan , aer�vrrJt ateG 1native--uGa-Anc -f pIaRt ri I ii—lips—eves, it p nrn�iirles 1l6eahle nnen span° er nl lhlin plazas and maximizes a1roilahle ar fnr n es n 1n� tInn If n api to anhie'ie 6 6 i-IaFd zrreas�� t�ar�TCera��-rr-rresess�„��-aarR� ��ar� the nrnien} may GXGGG-1 the mavimllm s°}honk area nn the greuRd flnnr. [Amd Ord. 21_04 514/n41 /Q\ it is aGkRG l gedthat-it FRay RGt be PGGGible fnr nrnien}6 Whinh inYn44e the m nrrrvamca}rizrrn--nvf e iet i R g 6tr6Fct6lFG6 tG nn�y With m o ny of the a eve ref er°cTrced- , nlE)Yrne �} nPPnr F}i° .q-°niin°s\ [Amd (lrrl Q_QQ 21419-87 4.4 - 23 PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING DATE: OCTOBER 6, 2014 AGENDA NO: IV. A. AGENDA ITEM: CONSIDERATION OF A CITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDR), BY REPEALING AND REPLACING SECTION 4.4.13 "CENTRAL BUSINESS DISTRICT (CBD)" WITH NEW ZONING REGULATIONS ITEM BEFORE THE BOARD The item before the Board is to make a recommendation to the City Commission regarding a city-initiated amendment to the Land Development Regulations (LDRs) to repeal Section 4.4.13 "Central Business District" in its entirety, and replace it with new zoning regulations. This item is being processed in accordance with LDR Section 2.4.5(M), Amendment to the Land Development Regulations. Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. BACKGROUND Purpose & Scope of Services On November 8, 2013, the City of Delray Beach and the Delray Beach Community Redevelopment Agency entered into an agreement with the Treasure Coast Regional Planning Council to review and update the city's Land Development Regulations for the Central Business District (CBD) areas including: the Central Core, the West Atlantic Avenue Neighborhood, and the Beach Area. The purpose of reviewing and revising the existing regulations is to clarify and provide greater predictability in the regulations and the process, articulate current priorities of the City and the CRA, and incorporate more Form-Based Code elements that emphasize the importance of the public realm. The agreement with TCRPC also includes the creation of architectural design guidelines that will be presented at a later date. Companion Ordinances The subject ordinance (Ord No. 29-14) ) to "repeal and replace" LDR Section 4.4.13 Central Business District is the first of three (3) companion ordinances that are running concurrently. The purpose of the second ordinance (Ord No. 30-14) is to provide a clean-up to various sections of the LDRs necessitated as a result of the overall amendments included in the replacement ordinance. A third ordinance is presented that will change the zoning district designation for the two CBD-RC (Central Business District-Railroad Corridor) area-zoned properties to simply CBD. They will each maintain the same geographic areas and are simply undergoing a name change, and will be treated as a sub-district, consistent with the Beach, Central Core, and West Atlantic sub-districts. 1 Planning and Zoning Board Staff Report of October 6, 2014 Repeal and Replace CBD Section 4.4.13 Public Outreach An extensive effort to reach multiple stakeholders was made. Following are various audiences to which presentations were made, with suggestions considered as the document was revised and refined: • Conducted 40 Individual Interviews • Multiple Meetings With Staff • March 20/August 7/October 2 —West Atlantic Redevelopment Coalition • March 26 —Site Plan Review And Appearance Board • June 10—City Commission Workshop • July 24/September 23—Community Redevelopment Agency • July 29/September 23— Parking Management Advisory Board • July 30/September 30 -- Pineapple Grove Main Street Committee • August 11 — Downtown Development Authority • September 18— NW/SW Neighborhood Community Meeting HIGHLIGHTS/ANALYSIS The rewrite of the CBD regulations achieves several objectives. One improvement resulting from this effort is that this version is reformatted to be more user-friendly. Examples include the introduction of mapped locations where regulations are specific to geographic areas, such as where height and density bonuses can be requested, where ground floor retail frontage uses are required, and where special restaurant parking requirements are applied. Further, regulations can be viewed at a glance in tabular format for height, density, setbacks, and civic open space. A new enhancement to the presentation of these new regulations includes a series of photographs and graphic illustrations which help to further explain the purpose and desired result. REGULATING PLANS The Regulating Plans (maps) are provided for each sub-district of the CBD, where streets are designated as either Primary or Secondary. Primary Streets are intended to develop over time as superior pedestrian environments and are held to a higher standard regarding building placement, building frontage, and the location of parking and service functions. Secondary Streets are intended to accommodate service functions and vehicular-oriented development needs, such as parking, loading and drive-through facilities. Currently, there is little to no regulation distinguishing between those streets that are highly visible and traveled, versus the various side streets, with all being treated equally, frequently creating difficulties in approving development products without the need for a series of waivers. These new regulations prioritize 2 Planning and Zoning Board Staff Report of October 6, 2014 Repeal and Replace CBD Section 4.4.13 which streets need to be held to a higher standard. Greater predictability to the uses and treatment depending upon the type of use, street, and structure will result. The Regulating Plan further denotes where retail uses and types are required along the frontage at sidewalk level (Required Retail Frontage). The Regulating Plan also shows where increases in density may be granted. All properties within the West Atlantic Neighborhood may use the program; Central Core and Railroad Corridor sub-districts may use the program only where mapped; properties within the Beach sub-district are not eligible. Finally, the boundary of the Atlantic Avenue Parking District is mapped and is being extended from the current boundary of East 5th Avenue further east to the Intracoastal Waterway. USE TABLE In the current MRS, the zoning districts and the allowable uses within each are in narrative format. There is not a central location to verify in which zoning district a particular use is allowed, and by what approval process. The CBD replacement ordinance includes a table that identifies uses as Principal, Accessory, Conditional Use, Prohibited, or limited to Secondary Streets and is organized by Sub-District. CONFIGURATION OF BUILDINGS Specific methodologies are provided to govern how building height is to be measured. Building height is measured by number of stories and overall feet in height. The proposed maximum of 4 stories would allow flexibility up to a height of 54 feet. The proposed maximum is slightly higher than the current maximum height of 48 feet to allow taller ceiling heights which will facilitate adaptive re-use of buildings over time. All front setbacks are proposed at 10 feet minimum, whereas the current code has a 5 feet minimum for commercial uses. All buildings have a step-back at the top of the 3 d story (currently some streets require a step-back at the top of the 2nd story and 4th stories). Sites greater than 40,000 square feet have a new requirement for Civic Open Space: 5% of the site would be required to be a plaza, green, park, etc., or increased to 10% if the Height and Density Bonus program is applied for buildings that measure greater than 400 feet in length. Table 4.4.13 (C) Dimensional Requirements by CBD Sub-district provides the setbacks, step-backs, building height, density allowances, and the newly required minimum civic open space requirement for each sub-district. FRONTAGE/STREETSCAPE/PUBLIC REALM One of the true benefits to a form-based zoning code is the enhanced public realm which improves the overall visual appearance and multi-modal uses of downtown streets. This is created by focusing particular attention to the building architecture and design components and entrances, and the area between the building facades and the street. This has resulted in new streetscape design standards, organizing the treatment of landscaping and sidewalk areas. The new regulations require a minimum streetscape of 15 feet as measured from the back of curb to the face of the building. A minimum five foot "curb zone" area, is required and accommodates trees, as well as public infrastructure needs, such as utility poles, street lights, street signs, etc. A minimum 6-foot wide "pedestrian clear zone" is required on all streets. The balance of the area in front of the building must be detailed appropriately for the ground floor use of the building. A series of building frontage types are described (porch, stoop, bracketed 3 Planning and Zoning Board Staff Report of October 6, 2014 Repeal and Replace CBD Section 4.4.13 balcony, forecourt, storefront, and arcade) with specific dimensional requirements, along with both graphic representations as well as photographs to accurately depict the intent of the regulations. ARCHITECTURAL STANDARDS New standards are proposed to further ensure visually attractive buildings in the downtown. For example, buildings facing streets or civic open spaces must have transparent windows covering between 20 and 75 percent of the wall area of each story. Cornices and moldings must project at least 2 inches from the surface plane of the building, and not be covered by awnings or signs. Secondary Street uses and large expanses of blank walls must be visually screened. A full host of options to provide mitigation to otherwise bland architecture is offered in the replacement ordinance. CIVIC OPEN SPACES In the proposed regulations, civic open spaces are privately maintained outdoor spaces which are accessible to the general public; they improve the pedestrian environment, are aesthetically pleasing, and serve as an amenity for the city as a whole as well as for the occupants of the building. Different types of civic open space are provided with descriptions for each. Examples include: Green, Plaza, Playground, Square, Attached Green, and Community Garden. The configuration of such spaces is detailed, and additional standards, such as how many benches, drinking fountains, bicycle racks, trash receptacles, pet cleanup stations, and principles for CPTED are further provided. HEIGHT AND DENSITY BONUS PROGRAM Increases to height and/or density are currently allowed only through the conditional use process. The proposed regulations allow such increases within the CBD only through a bonus program which is introduced with this ordinance. An increased maximum permitted height will be allowed by right at 4 stories or 54 feet (increased from the current 48 feet). If increased height is desired, it can be requested up to 5 stories or 64 feet (increased from the current 60 feet), subject to Performance Standards. Locations where this increase in height cannot be granted are: • OSSHAD-zoned properties; • properties with frontage along Atlantic Avenue; • any property zoned which has a maximum permitted height of 35 feet within 150 feet of the CBD; • the Beach, West Atlantic Neighborhood, or Railroad Corridor sub-districts. A density bonus may be granted in certain areas which are clearly identified on the Regulating Plan. For example, density may be increased over the current allowance of 30 du/ac up to 100 du/ac in a narrow area of the Central Core, and the same in a specific section of the northern Railroad Corridor sub-district. Density above 12 du/ac up to 30 du/ac is allowed in the West Atlantic sub-district. In the Beach sub-district, density above 12 du/ac is not permitted. BONUS PROGRAM PERFORMANCE STANDARDS Any allowed use may occupy the fifth floor when such floor is granted through the bonus program. When the fifth floor is for residential use, workforce housing, and a variety of floor plans must be offered. Either height or density increases must provide at least 10% of the site 4 Planning and Zoning Board Staff Report of October 6, 2014 Repeal and Replace CBD Section 4.4.13 as civic open space for sites larger than 40,000 SF. Sites smaller than 40,000 SF may utilize the bonus program by providing 5% as civic open space. Height bonuses must provide for public parking or green building practices. Projects are not eligible for the density and/or bonus program if waivers to sidewalk widths are requested, if they include large expanses of blank walls or parking along Primary Streets, or if they are either individually designated on the Local Register of Historic Places or within an historic district. Applications to utilize the Height and Density Bonus Program will be reviewed as part of a Class V site plan by the SPRAB. The SPRAB will make a recommendation to the City Commission on the entire Class V site plan before the City Commission approves the site plan and the request for increased density and height. VEHICULAR AND BICYCLE PARKING REQUIREMENTS Provision for the number of required parking spaces is relatively unchanged. Minimum parking requirements for hotels, retail and professional offices has been slightly reduced. Also, the ordinance introduces the provision for Alternate Fuel Parking for golf carts and electric cars. Parking for properties located outside of the Atlantic Avenue Parking District with less than 55 feet of street frontage are not required to provide off-street parking. When located within 750 feet of a public parking garage or the Planned Tri-Rail Coastal Link, proposals are not required to provide additional parking resulting from a change of use in an existing building. Those same properties may request up to 50%, an increase from the current 30% maximum, of the required off-street parking through the in-lieu program. The current bicycle parking ratios are expanded with this ordinance. A table is provided detailing how many bicycle spaces are required per use and size of use. Of particular note is that once an office measures greater than 50,000 SF, a shower and changing facility for each gender must be provided. PROFESSIONAL TRAFFIC STUDY Newly introduced with this ordinance is the requirement for a professional traffic study when one of the following is proposed with a development: • An alley is proposed to be moved. • The block on which the development is proposed does not have an alley. • The site is two or more acres in size. • The site is located along the Intracoastal Waterway or along a waterfront park. REVIEW AND APPROVAL PROCESS Review and approval in the CBD is processed through the Site Plan Review and Appearance Board (SPRAB). Request to utilize the Density and Height Bonus Program are reviewed by the SPRAB with a recommendation to the City Commission for their ultimate approval. Tower elements may be granted relief by the SPRAB for the otherwise additionally required setbacks. SPRAB also determines compliance with the Performance Standards to grant density and/or height bonuses. Waivers to decrease the required sidewalk widths in the CBD will not be allowed with the new regulations. 5 Planning and Zoning Board Staff Report of October 6, 2014 Repeal and Replace CBD Section 4.4.13 REQUIRED FINDINGS Comprehensive Plan Conformance LDR Section 2.4.5(M)(5) (Findings) requires that the City Commission make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. The following specific sections are relevant: 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. 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 proposed ordinance will continue to incentivize the provision of workforce housing through the density bonus program. Further, parking is relaxed in areas around the future Transit Stop, thereby encouraging transit-oriented workforce housing. The proposed ordinance is consistent with this policy. Objective A-5 The City shall maintain its Land Development Regulations, which shall be regularly reviewed and updated, to provide timely, equitable and streamlined processes including, but not limited to, building permit processes for residential developments and to accommodate mixed-use developments, and other innovative development practices. This proposed ordinance is the culmination of numerous meetings with staff, stakeholders, and board members, the public, advisory boards, etc. and reflects a review and update of the LDRs that elevates the regulations in the downtown more in line with current trends and practices. The proposed ordinance is consistent with this obiective. Objective C-1 Blighted areas, as designated by the City Commission, shall receive special attention and assistance in renewal. This objective shall be implemented through the following policies and activities. Policy C-1.5 The following pertains to the redevelopment of the West Atlantic Avenue Area: This area extends in a corridor along Atlantic Avenue eastward from 1-95 to Swinton Avenue. The present land uses in this area include single family homes, duplexes, mini-parks, commercial uses along Atlantic Avenue and N.W. 5th Avenue, and scattered vacant parcels. The West Atlantic Avenue Redevelopment Plan was adopted by the City Commission on July 11, 1995. The plan establishes Future Land Use Map designations, zonings, special development standards, and design guidelines for the Redevelopment Area. Future development in the area must be in accordance with the provisions of the redevelopment plan. 6 Planning and Zoning Board Staff Report of October 6, 2014 Repeal and Replace CBD Section 4.4.13 Current restrictions to preserve residential neighborhoods from commercial encroachment continue with this ordinance. Uses remain unchanged from those previously allowed, and the density and bonus programs are more limited to ensure compatibility with the various existing neighborhoods. The proposed ordinance is consistent with this policy. Objective C-3 The Central Business District (CBD) and surrounding neighborhoods, including A-1-A, Seacrest and Swinton Avenue represents the essence of what is Delray Beach i.e. a "Village by the Sea". The continued revitalization of the CBD is essential to achieving the overall theme of the City's Comprehensive Plan by managing growth and preserving the charm. The following policies and activities shall be pursued in the achievement of this objective. Policy C-3.1 The Central Business District (CBD) Zoning District regulations shall facilitate and encourage rehabilitation and revitalization and shall, at a minimum, address the following: • deletion of inappropriate uses • incentives for locating retail on the ground floor with office and residential use on upper floors • accommodating parking needs through innovative actions • incentives for dinner theaters, playhouses, and other family oriented activities • allowing and facilitating outdoor cafes • incentives for mixed use development and rehabilitations • elimination of side yard setback requirements • allow structural overhang encroachments into required yard areas The deletion of inappropriate uses will continue irrespective of this currently proposed ordinance. Incentives for locating retail on the ground floor, with office and residential on upper floors will continue, but with greater clarity and predictability. Theaters and playhouses, and other family oriented uses, will continue to be encouraged. The outdoor cafe program will continue with additional locational enhancements within 15-foot wide public realm. Incentives are introduced for mixed use developments and rehabilitations, particularly where changes of use in existing buildings will not require additional parking. Structural overhangs continue to be encouraged, and this ordinance offers photographic as well as illustrative graphics to provide clarity. The proposed ordinance is consistent with this policy of the Comprehensive Plan. REVIEW BY OTHERS The Community Redevelopment Agency (CRA) reviewed the item at their September 23, 2014 meeting and a consensus was reached to recommend approval. The Parking Management Advisory Board (PMAB) reviewed updates to the item at their September 23, 2014 meeting after a consensus was reached to recommend approval at their July 29, 2014 meeting. The Pineapple Grove Main Street (PGMS) Committee reviewed the item at their September 30, 2014 meeting and reached a consensus of approval for the items however, two board 7 Planning and Zoning Board Staff Report of October 6, 2014 Repeal and Replace CBD Section 4.4.13 members abstained from voting on the Repeal and Replace" item over concerns with the new height proposal of 54 feet. The West Atlantic Redevelopment Coalition (WARC) reviewed the item at their October 2, 2014 meeting and reached a consensus to recommend approval. The Downtown Development Authority (DDA) reviewed the item at their October 6, 2014 meeting and their recommendation will be conveyed at the October 6, 2014 special meeting of the Planning and Zoning Board. Courtesy Notices Courtesy notices were provided to the following homeowner and civic associations: • Neighborhood Advisory Council • Alliance of Delray Public Notice: Formal public notice has been provided to all affected property owners currently zoned CBD and CBD-RC. Letters of objection or support, if any, will be presented at the Planning and Zoning Board meeting. ASSESSMENT/CONCLUSION/NEXT STEPS The proposed ordinance and its many intended objectives have been achieved with this replacement ordinance and new regulations. Locations where increased height and density is permitted have been defined to be in more rational locations. In addition to the greater predictability offered by these new regulations, the form-based element of this ordinance ensures that if a height or density is granted, that the realm that the public will enjoy for the granting of that additional development will be measureable and functional. This featured element will further create publicly used spaces throughout the downtown, further enhancing the redeveloping community of downtown Delray Beach. Tentative dates for City Commission action are November 4, 2014 (First Reading) and November 18, 2014 (Second Reading). ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission of the amendment to Land Development Regulations, REPEALING AND REPLACING SECTION 4.4.13 "CENTRAL BUSINESS DISTRICT (CBD)"WITH NEW ZONING REGULATIONS of the Land Development Regulations, 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 Regulations, REPEALING AND REPLACING SECTION 4.4.13 "CENTRAL 8 Planning and Zoning Board Staff Report of October 6, 2014 Repeal and Replace CBD Section 4.4.13 BUSINESS DISTRICT (CBD)"WITH NEW ZONING REGULATIONS 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) (motion to be made in the affirmative). RECOMMENDED ACTION Recommend approval of the amendment to Land Development Regulations, REPEALING AND REPLACING SECTION 4.4.13 "CENTRAL BUSINESS DISTRICT (CBD)"WITH NEW ZONING REGULATIONS, 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). Attachments: ■ Draft Ordinance 29-14, "Ordinance A-2014" 9 INN DOWNTOWN D E{��L.G.A.13'i/iE `I MEEM Downtown DeIrayBeach.com BOARD OF DIRECTORS October 10,2014 C3a� Cook Chair ir Zoning Planning& Board Members Hand's stationers City of Delray Beach Seabron A.Smith 100 NW 1"Avenue Vice-Chairman Delray Beach,FL 33483 TED Center Bonnie Beer RE: Central Business District Text Amendments to the Land Development Treasurer Regulations Gaffe Luna Rosa Albert RiGhwagen Dear Board Members: Secretary Rinhwagen's Bicycles This concerns Planning&Zoning item that came before the Delray Beach Ryan Boylston Downtown Development Authority meeting of October 6,2014. The DDA will also Woo creative read the project motions and resulting vote during Public Comments at the pertinent Frank Frione City Commission meetings, thus having the DDA decision become part of the public GFA International,Inc. record. Scott Kennedy Union Delray At this time we wish to advise you of the results of the Central Business District Text Amendment to the Land Development Regulations presentation that came before the DDA Board at the October 6,2014 meeting. This presentation was made by Anthea Gianniotes of the Treasure Coast Regional Planning Council. ITEM: Recommendations on the following points: ACTION—Motion to approve the proposed increased sidewalk widths and set-backs. Motion made.by: Frank Frione; 2nd: Seabron A. Smith, DDA Board Consensus of Agreement carried unanimously. ACTION—Motion to approve the proposed height requirement measured to the roof deck to four (4) stories only with a maximum height of fifty-four feet(54 ft). Motion made by: Seabron A. Smith;2°d Bonnie Beer. DDA Board Consensus of Agreement carries unanimously. ACTION—Motion to approve the proposed fifth (5"') floor component up to sixty-four feet(64 ft.) only with extended requirements. Motion made by: Ryan Boylston;2"d: Frank Frione. DDA Board Consensus of Agreement carries unanimously. ACTION—Motion to approve proposed civic space open to 40,000 square feet. Motion made by: Ryan Boylston;2nd Bonnie Beer. DDA Board Consensus of Agreement carries unanimously. 85 SE 4th Avenue, Suite 108, Delray Beach, FL 33483 e (561) 243-1077 Fax: (5611)243-1079 Please know that we send this information to assist you in making your decisions as they affect the DDA District of Downtown Delray Beach. Sincerely, David Cook Chairman cc: Dana Little, Director,Planning&Zoning Department Mark McDonnell, Assistant Director, Planning&Zoning Department DDA Board of Directors 85 SE 4th Avenue, Suite 108, Delray Beach, FL 33483 - (561) 243-1077 Fax: (561)243-1079 w MEMORANDUM W TO: Mayor and City Commissioners FROM: Planning and Zoning Department THROUGH: Terry Stewart, Interim City Manager DATE: October 24, 2014 SUBJECT: AGENDA ITEM 10.D.-REGULAR COMMISSION MEETING OF NOVEMBER 18,2014 ORDINANCE NO.30-14(FIRST READING/FIRST PUBLIC HEARING) BACKGROUND On November 8, 2013, the City of Delray Beach, and the Delray Beach Community Redevelopment Agency entered into an agreement with the Treasure Coast Regional Planning Council to review and update the city's Land Development Regulations for the Central Business District (CBD) areas including: the Central Core, the West Atlantic Avenue Neighborhood, and the Beach Area. The purpose of reviewing and revising the existing regulations is to clarify and provide greater predictability in the regulations and the process, articulate current priorities of the City and the CRA, and incorporate more Form-Based Code elements that emphasize the importance of the public realm. As a result of these pending amendments, other sections of the LDRs were affected and required changes to bring them into consistency throughout the code. That is the purpose of this item and the subject adopting ordinance. Examples of these changes which are necessary as a result of the repeal and replacement ordinance for the CBD regulations include, but are not limited to, the following: Site and Development and Master Development Plans Temporary parking lots Community Residential Homes and Group Homes Development Standards matrix Bicycles parking In-lieu parking fee Public parking fee Landscape regulations in the downtown Buildings within the downtown area Use, design and maintenance of sidewalk cafes The Planning and Zoning Board reviewed the proposed amendment at a special meeting held on October 6, 2014 and recommended approval on a vote of 6 to 0. DISCUSSION The item before the City Commission is consideration of a City-initiated amendment to the Land Development Regulations, to amend various sections affected by the larger repeal and replacement ordinance (Ordinance No. 29-14)that updates the regulations in the Central Business District. TIMING OF THE REQUEST First Reading of the subject item is to occur on November 18, 2014. If passed on first reading, the second reading will occur on December 2, 2014. RECOMMENDATION By motion, approve on first reading Ordinance No. 30-14, Article 4.4 "Table of Contents"; amending Section 2.2.3(D), "Site Plan Review and Appearance Board"; amending Section 2.4.5(F), "Site and Development and Master Development Plans (MDP)'; amending Section 2.4.6(F), "Temporary Parking Lots"; amending Section 4.1.1(A), "Base Zoning Districts"; amending Section 4.3.3(1), "Community Residential Homes and Group Homes"; amending Section 4.3.3(5), "Antennas Not Located on Telecommunications Towers"; amending Section 4.3.40, "Height"; amending Section 4.3.4(x), "Development Standards Matrix"; repealing Section 4.4.28, "Central Business District — Railroad Corridor (CBD-RC)'; amending Section 4.6.4(A) "Commercial Zoning Adjacent to Residential Zoning or Zoning Districts with a Thirty-five (35) Foot Height Limitation"; amending Section 4.6.9(C)(1), "Bicycle Parking"; amending Section 4.6.9(E)(3), "Location of Parking Spaces, In-Lieu Fee"; amending Section 4.6.9(E)(4), "Public Parking Fee"; amending Section 4.6.16(H)(4), "Foundation Landscaping Requirements"; amending Section 4.6.18(B), "Buildings within the Downtown Area"; amending Section 6.3.3(F), "Regulations Governing the Use, Design, and Maintenance of a Sidewalk Cafe"; amending Appendix A "Definitions"; by adopting the findings of fact and law contained in the Staff Report and finding that the request is consistent with the Comprehensive Plan. ORDINANCE NO. 30-14 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH; AMENDING ARTICLE 4.4 "TABLE OF CONTENTS"; AMENDING SECTION 2.2.3(D) "SITE PLAN REVIEW AND APPEARANCE BOARD"; AMENDING SECTION 2.4.5(F) "SITE AND DEVELOPMENT AND MASTER DEVELOPMENT PLANS (MDP)"; AMENDING SECTION 2.4.6(F) "TEMPORARY PARKING LOTS"; AMENDING SECTION 4.1.1(A) "BASE ZONING DISTRICTS"; AMENDING SECTION 4.3.3(I) "COMMUNITY RESIDENTIAL HOMES AND GROUP HOMES"; AMENDING SECTION 4.3.3(S) "ANTENNAS NOT LOCATED ON TELECOMMUNICATIONS TOWERS"; AMENDING SECTION 4.3.47 "HEIGHT"; AMENDING SECTION 4.3.4(K) "DEVELOPMENT STANDARDS MATRIX"; REPEALING SECTION 4.4.28 "CENTRAL, BUSINESS DISTRICT — RAILROAD CORRIDOR (CBD-RC)"; AMENDING SECTION 4.6.4(A) "COMMERCIAL ZONING ADJACENT TO RESIDENTIAL ZONING OR ZONING DISTRICTS WITH A THIRTY-FIVE (35) FOOT HEIGHT LIMITATION"; AMENDING SECTION 4.6.9(C)(1) "BICYCLE PARKING"; AMENDING SECTION 4.6.9(E)(3) "LOCATION OF PARKING SPACES, IN-LIEU FEE"; AMENDING SECTION 4.6.9(E)(4) "PUBLIC PARKING FEE"; AMENDING SECTION 4.6.16(11)(4) "FOUNDATION LANDSCAPING REQUIREMENTS"; AMENDING SECTION 4.6.18(B) "BUILDINGS WITHIN THE DOWNTOWN AREA"; AMENDING SECTION 6.3.3(F) "REGULATIONS GOVERNING THE USE, DESIGN, AND MAINTENANCE OF A SIDEWALK CAFE"; AMENDING APPENDIX A "DEFINITIONS"; PROVIDING A SAVING CLAUSE, A GENERAL,REPEALER CLAUSE,AND AN EFFECTIVE DATE. WHEREAS, the Delray Beach Comprehensive Plan seeks to enhance Delray Beach's compact and vibrant downtown business districts from the Atlantic Ocean to Interstate 95 while retaining the distinctive character of each district; and WHEREAS, the City Commission seeks to update its land development regulations to ensure the highest quality built environment and enhance multi-modal mobility options; WHEREAS, by separate ordinance, the existing land development regulations for the Central Business District are being reorganized and substantially modified to make those regulations understandable to the public, predictable to landowners, and easier for the city to administer;and 1 ORD.NO. 30-14 WHEREAS, certain other portions of the land development regulations need to be adjusted to reflect the new regulations for the Central Business District; and WHEREAS, prior to public hearings before the City Commission, all proposed amendments to the city's land development regulations must be reviewed by the Planning and Zoning Board pursuant to LDR Section 1.1.6. The Planning and Zoning Board reviewed these amendments at a public hearing held on October 6, 2014 and recommended that the City Commission approve these amendments. Pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined these amendments to be consistent with the Delray Beach Comprehensive Plan;and WHEREAS, the City Commission, at duly noticed public hearings on , 2014, and on , 2014, received and considered comments from the Planning and Zoning Board and from the public, and gave careful consideration to all aspects of this ordinance; and WHEREAS, the City Commission has determined it to be in the best interest of the City of Delray Beach that the land development regulations be amended as described in this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF DELRAY BEACH,AS FOLLOWS: Section 1. That the Table of Contents of the land development regulations shall be amended to read as follows: ARTICLE 4.4 BASE ZONING DISTRICT......................................................... 4.4 - 1 NOTE: Each individual zoning district. except Central Business District, is structured as follows: (A) Purpose (B) Principal Uses and Structures Permitted (C) Accessory Uses and Structures Permitted (D) Conditional Uses and Structures Allowed (E) Review and Approval Process (F) Development Standards by Reference to 4.3.4 (G) Supplemental District Regulations by Reference to Article 4.6 (H) Special Regulations, as appropriate Section 2. That Section 2.2.3 of the land development regulations, "Site Plan Review and Appearance Board," shall be amended to read as follows: (D) Duties, Powers, and Responsibilities: (1) The Board hereby has the authority to take action on the following items pursuant to the procedures and standards of the LDR: (a) Certain site and development plans, as provided in this Code (b) Granting of relief from the number of parking spaces required for specific uses pursuant to Section 4.6.9(F)(1). (c) Granting of relief to Section 4.6.16 through the waiver process [Section 2.4.7(B)] 2 ORD.NO. 30-14 (d) Preliminary and final landscape plans (e) Master Sign Programs ( Signage as allowed by Section 4.6.7 (g) Appeal of administrative interpretations made in application of the sign code and the landscaping code (h) Architectural elevations (i) Streetscape and landscape features (e.g.walls, fences, lighting, dumpster enclosures, etc.) (il Recommendations to the city commission regarding the Density Bonus Program in the CBD. (2) — (3) [NO CHANGES[ Section 3. That Section 2.4.5(F) of the land development regulations, "Site and Development and Master Development Plans (MDP)," shall be amended to read as follows: (F) Site and Development and Master Development Plans (MDP): (1) — (2) [NO CHANGES) (3) Procedure: A site and development plan shall be processed through the following sequence: (a) Receipt and certification as complete; (b) Consideration at a public meeting before the Planning and Zoning Board, the Site Plan Review and Appearance Board, or the Historic Preservation Board as appropriate, at which time action may be taken. (c) For Class V site plan applications that include a request under the CBD's Density Bonus Program (see Section 4.4.13(H)): final action before the City Commission, after receiving a recommendation from the Site Plan Review and Appearance Board. (4) — (7) [NO CHANGES) Section 4. That Section 2.4.6(F)(3)(e)1. of the land development regulations, "Temporary Parking Lots," shall be amended to read as follows: 1. A temporary parking lot may be permitted within the following areas: a. the portion of the Central Business District (CBD) and Community Facilities (CF) District which is bounded by Swinton Avenue on the west, the Intracoastal Waterway on the east, N.E. 2nd Street on the north, and S.E. 2nd Street on the south; b. the portion of the CBD ftft G-BP RG District which is bounded by N.E. 2nd Avenue on the west, the FEC Railway on the east, N.E. 2nd Street on the south, and N.E. 4th Street on the north; c. the portion of the CBD located east of the Intracoastal Waterway; 3 ORD.NO. 30-14 d. the non-residential zoning districts bounded by Swinton Avenue on the east, I-95 on the west, N.W. 1st Street on the north, and S.W. 1st Street on the south. Section 5. That Section 4.1.1(A) of the land development regulations, "Base Zoning Districts," shall be amended to read as follows: (A) Base Zoning Districts: These "Base Zoning Districts" are applied to specific parcels of land, for the reasons as stated in Section 4.1.1, specifically as they related to land use and design. • A Agriculture • RR Rural Residential • R-1-AAA Single Family Residential • R-1-ARAB Single Family Residential • R-1-AA Single Family Residential • R-1-AAB Single Family Residential • R-1-A Single Family Residential • R-1-AB Single Family Residential • MH Mobile Home • RL Low to Medium Density Residential • RM Medium to Medium High Density Residential • PRD Planned Residential Development • GC General Commercial • AC Automotive Commercial • NC Neighborhood Commercial • PC Planned Commercial • CBD Central Business District • RT Resort / Tourism • POC Planned Office Center • POD Professional and Office District • RO Residential Office • PCC Planned Commerce Center • MIC Mixed Industrial and Commercial • I Industrial • CF Community Facilities • OS Open Space • CD Conservation District • OSSHAD Old School Square Historic Arts District • SAD Special Activities District • LI Light Industrial • OSR Open Space and Recreation 4 ORD.NO. 30-14 Section 6. That Section 4.3.3(I)(4)(d) of the land development regulations, "Community Residential Homes and Group Homes," shall be amended to read as follows: (d) Community Residential Homes and Group Homes shall be allowed as a permitted or conditional use in the following zoning districts: ZONING DISTRICTS TYPE OF RESI- A' I RL RM PRD OS HA CBD, GC PC �B - DENC R-1 D CF E Group Not Permitte Permitte Permitte Permitte Permitte Permitte Permitte Home, d d d d d Permitte d d „efffif"e Type 1 d d Commu nity Not Condi6o Permitte Not Condi6o Condi6o Condi6o Condi6o Res ident Perdmitte nal Use d Perdmitte nal Use nal Use nal Use nal Use e ial Home Group Not Condi6o Permitte Not Condi6o Condi6o Condi6o Condi6o Home, Permitte nal Use d Permitte nal Use nal Use nal Use nal Use e Type 2 d d Section 7. That Section 4.3.3(S)(3) of the land development regulations, "Antennas Not Located on Telecommunications Towers," shall be amended to read as follows: (a) Non stealth and stealth antennas mounted on rooftops, buildings, or other structures which constitute a principal use, are a permitted use in the following zoning districts, subject to the limitations and requirements contained herein: 1. Medium Density Residential (RM) 2. General Commercial (GC) 3. Central Business District (CBD) 4.4. Automotive Commercial (AC) 5.4. Planned Commercial (PC) 6.-T. Resort /Tourism (RT) 7.9. Planned Office Center (POC) 8.9. Professional and Office District (POD) 9.4.9. Planned Commerce Center (PCC) 10. 44. Mixed Industrial and Commercial (MIC) 11. 42. Industrial (1) 12. 44. Light Industrial (LI) 13. 474. Community Facilities (CF) 14. 4-5. Open Space and Recreation (OSR) 5 ORD.NO. 30-14 Section 8. That Section 4.3.4(]) of the land development regulations, "Height," shall be amended to read as follows: (1) Defined: The vertical distance from grade to the highest finished roof surface of a flat roof or to the mean level between tie beams and ridge for gable, hip, or gambrel roofs. The height set forth in the matrix is the maximum height for all structures within the respective zone district except as provided for in Subsection 4.14(])(3)&(4). (2) Basis for Measurement: (a) For buildings adjoining one street, the grade is established from the mean elevation of the crown of the street along the lot frontage. (b) For buildings adjoining more than one street, the grade is established as the average of the mean elevation of the crown of the adjoining streets. (c) When applied to single family detached dwelling units, less than three stories,within residentially zoned districts, the grade is established as the mean elevation of the finished surface of the ground adjacent to the exterior walls of the building. Under no circumstance shall the grade be higher in elevation than the highest point of the unaltered dune or the crown of the street. (d) Within the CBD zoning district, building height is also measured by stories. See Section 4.4.13(D)(1)(a). (3) Exceptions to District Height Limitations: [NO CHANGES] (4) Increases to Height Regulations: (a) Prohibitions: [NO CHANGES] (b) Allowances: An increase, to a maximum height of sixty feet (60'), may be approved by the City Commission in any zone district not listed above, except for the CBD zoning district,when approved pursuant to the processing of a conditional use request and based upon a finding of compliance with each of enumerated criteria listed below, as applicable. (i) That the structure is to be located in one of the following geographic areas: (1) — (5) [NO CHANGES] (6) Area "F" - the property located between the one-way pair system of Federal Highway (5th and 6th Avenues), except for property located in the CBD zoning district. (7) — (8) [NO CHANGES] (9) Areff "I" whieh lifts ft ffiffi�in-iuffi height liffiif ef 35', ffieftsttfed ffeffi the pfepew�line ef Reserved. (10) — (11) [NO CHANGES] (ii) — (iii) [NO CHANGES] (iv) That the increase in height shall be allowed if two or more of subsections 4.3.4U)iv (1), (2) or (3) are met: 6 ORD.NO. 30-14 (1) That for each foot in height above 48 feet, an additional building setback of two feet is provided from the building setback lines which would be established for a 48-foot tall structure. The additional setback is required from all setback lines (i.e., front, side, and rear) for the portion of the building that extends above 48 feet. in liett ef this sethftek fequifeffien', buildings in th-e (2) That a minimum of 50% of the ground floor building frontage consist of nonresidential uses (excluding parking); (3) That open areas, such as courtyards, plazas, and landscaped setbacks, be provided in order to add interest and provide relief from the building mass. (5) Special Activity Districts: ENO CHANGES] 7 ORD.NO. 30-14 Section 9. That Section 4.3.4(K) of the land development regulations, "Development Standards Matrix," shall be amended to read as follows: N o - 0 E 3 = _ O = O _o, o Z W W W O Z J Z Q Z Z Z Q Z Z Q Z Q Z Z U W w ro 0 (9 x m m m m m m m m W M m w ... v v v v v v v v m v v v v m v v m x 1D o o z 0 0 0 0 0 z Z o Z K O Z r fq ~ ^ H rn y H �/� V! 0 LL N U W �, z z z z z z z z z � w 0 a z O Z 0 Z Z ° Z Z ° Z Z Z Z Z Z Z Z � o 0 W w0 N 7 m m m m m m m m 1 ca J O w o 0 0 0 0 0 0 0 o m o > >0 F- U m °o 0 z N N N > O m Z LU W V V V V OL .O L N V! Z Z O O O O O O Q — W O z V o 0 0 o o o 0 0 0 o o L Y W K U) U) U) U) L m LL Y O n N N N N N N Z (n (n (n U) L N O 0 O Z H O O O Q O O O Q O N 0 N O o. w o 0 0 0 0 0 0 0 0 0 0 0 o d Z J W .... O N Z N Z T 3 O O _ 0 0 0 W 0 0 d 1 I- O O 0 N X O D ° � m m W a V > ° - o m m " . � 3 m o u°i w o w w O o o O v °m -100 O N ` J fn y O Q O Q . of NN NN W T N O O (n O VI (6 N , � N N U O O = E E o O N LL n x U m c m ., m 10 °o o U y LL n y o Q °� a ° o m Q .Q (9 Q z a U K a a K a _ 7 O U O O U U) 0 m _ z z a w a E w WW to aLs r N O N N N E m c o m Z °- A 2 o WW E W .` E s d d y w 0 U E m o E m E d p 6 CL 2 u > ° > ' ?U U a E U .0 £- O 0 E o v E d E d O iF E m . E U 0 E c y w O E m 0 w .J .` U n r U m o `p o o o m U W a E E r c m x c d W 0 N d d m d o d m a o c a y vi o E O U O c O c U y n m u M v Zl~ii - O Z a U K a a K a w - N m v 0 co 8 ORD.NO. 30-14 Section 10. That Section 4.4.28 of the land development regulations, "Central Business District —Railroad Corridor (CBD-RC)," is hereby repealed in its entirety. Section 4.4.28 will be marked as "Reserved" in Section 4 and in the table of contents. Section 11. That Section 4.6.4(A) of the land development regulations, "Commercial Zoning Adjacent to Residential Zoning or Zoning Districts with a Thirty-five (35) Foot Height Limitation," shall be amended to read as follows: (A) Commercial Zoning Adjacent to Residential Zoning or Zoning Districts with a Thirty-five (35) Foot Height Limitation: (1) Properties subject to the development standards of the Central Business District (CBD) shall comply with the following: (a) Where the rear or side of a property directly abuts a zoning district with a height limitation of thirty-five feet (35') without any division or separation between them of thirty feet (30') or more, such as a street, alley, railroad,waterway, park, or other public open space, the following shall apply: (i) For buildings or portion of the buildings three stories or less in height, a ten foot (10') minimum building setback from the property line shall be provided. (ii) For buildings above three stories in height, at the top of the third stork, minimum side and rear building setbacks of 30 feet shall be provided from the property line for the portion of the building that is over three stories in height. (iii) A solid finished masonry wall six feet in height, or a continuous hedge at least 4- 1/2 feet in height at the time of installation, shall be located inside and adjacent to the portion of the boundary line of the CBD-zoned property which directly abuts the residentially zoned property. Walkways and other pedestrian or bicycle connections shall be placed through the wall or hedge if the provide links identified on an):adopted bicycle and pedestrian master plan or if SPRAB determines they would promote desirable connectivity between properties. if ft wftll is ttsed, Section 12. That Section 4.6.9(C)(1)(c) of the land development regulations, "Bicycle Parking," shall be amended to read as follows: (c) Bicycle Parking: Bicycle parking facilities shall be provided in a designated area and by a fixed or stationary bike rack for the following uses: (1) In shopping centers at the rate of five (5) spaces per 100,000 sq. ft. of gross floor area; (2) At fast food restaurants, government offices and community centers, and commercial and private recreation facilities at the rate of five (5) spaces per facility. (3) For all uses in the CBD zoning district, see Section 4.4.13(I)(4). 9 ORD.NO. 30-14 Any non-residential use within the City's TCEA which, through the development review process, is determined to generate a demand. Section 13. That Section 4.6.9(E)(3) of the land development regulations, "Location of Parking Spaces, In-Lieu Fee," shall be amended to read as follows: (a) The in-lieu fee is authorized only in the CBD,, GBP R C=, and OSSHAD Zoning Districts, in compliance with the Supplemental District Regulations provisions therein. (b) Arrangements for payment shall be approved by the City Commission at the time of the approval of the in-lieu fee. The fee amount shall be based upon the location of the property for which in-lieu fees are being sought. Area descriptions and corresponding fee amounts are hereby established as follows: (See corresponding map). (1) Area 1: Parcels located east of the Intracoastal Waterway which are zoned CBD - $18,200 per space. (2) Area 2: Parcels located west of the Intracoastal Waterway which are zoned CBD er GBE) Rc and which are not included within the Pineapple Grove Main Street area,West Atlantic Neighborhood or Block 69 located in the Old School Square Historic Arts District (OSSHAD) - $15,600 per space. (3) Area 3: Parcels located within the OSSHAD zoning district, except for Block 69 as noted in Area 2; and parcels located within the Pineapple Grove Main Street area which are zoned CBD e f GBP C= - $7,800 per space. (4) Area 4: Parcels located within the West Adantic Neighborhood which are zoned CBD - $4,000 per space. (c) All proceeds from such a fee shall be used for parking or pedestrian/bicycle infrastructure purposes. Section 14. That Section 4.6.9(E)(4) of the land development regulations, "Public Parking Fee," shall be amended to read as follows: (a) For properties located within 60-W 750' of a programmed public parking facility, excluding property zoned CBD ftn a /e f GBP p r , an alternative to providing all the required parking on-site is to contribute towards the construction of the parking facility. The cost per space shall be based upon the location of the property for which the public parking fee is being sought. Area descriptions and corresponding fee amounts are hereby established as follows: If for whatever reason the public parking does not get built the City shall retain the fee to provide parking or parking maintenance in the quadrant of the City where the development is located. Section 15. That Section 4.6.16(1-1)(4) of the land development regulations, "Foundation Landscaping Requirements," shall be amended to read as follows: (4) Foundation Landscaping Requirements (a) Foundation landscaping shall be required. This shall incorporate trees, shrubs and groundcovers with the minimum required specifications as set forth in 4.6.16(E). Multiple tiers of plant material should be utilized and thoughtfully designed to 10 ORD.NO. 30-14 accomplish the goal of softening the building mass while adding vibrant color and textures. (b) New multi-story structures or landscape improvements to existing multi-sto structures shall adhere to the landscape requirements set forth in this section. The purpose of these requirements is to aesthetically and visually buffer larger structures and to maintain an appropriately scaled relationship between the height of the structure and its surrounding landscape. Foundation trees with specifications listed in Table 1 shall be planted along the building facade that faces a Right-of-Way, except in the CBD zoning district where alternate landscaping configurations have been incorporated into the Frontage Standards in Section 4.4.13 . ii The spacing of these trees shall be determined based on the average canopy width of the proposed tree. These trees shall be spaced appropriately so that the canopies shall be touching at average maturity. iii Typical Foundation trees and spacing requirements are listed in Table 2. All trees listed in Table 2 are examples. Other species may be used so long as the spacing meets the intent of this section. Section 16. That Section 4.6.18(B)(14) of the land development regulations, "Buildings within the Downtown Area," shall be amended to read as follows: (14) Buildings within the Downtown Area: These additional criteria shall be applicable to buildings located within the CBD;and OSSHAD, ft~d C D BP '' zoning districts. Buildings in the CBD have additional design standards in Section 4.4.13. In case of conflict, the more restrictive regulation shall apply. All buildings shall comply with the following requirements: (i) Roofs and Gutters: (1) — (2) [NO CHANGES] (3) Flat roofs shall be screened from adjacent properties and streets with decorative parapets. The maximum height of the parapet wall shall be six feet (6) in height or sufficient height to screen all roof mounted equipment,whichever is greater, measured from the top of the roof deck to the top of the parapet wall. In the cases of sloped parapet features, they shall be no more than seventy-two inches (72") in height, project no more than twenty-four inches (24") beyond the face of the building, project no more than twelve feet (12') into the flat roof area of the building nor cover more than fifty percent (50%) of the flat roof area of the building. Exception to the height requirements shall be pursuant to Seefien a Section 4.4.13- . (4) — (5) [NO CHANGES] (ii) Walls: (1) — (2) [NO CHANGES) (3) Treatment of blank walls: 11 ORD.NO. 30-14 (a) Where blank walls are unavoidable due to the requirements of a particular land use or structural needs, they shall not exceed a length of fifty feet (50'), or twenty percent (20%) of the length of the building facing the street,whichever is less. (b) Blank wall sections of allowed lengths shall receive ene-(1) two 2 or more of the following special design treatments in order to increase pedestrian comfort or create visual interest: (i) Vertical trellis in front of the wall with climbing vines or other plant materials over at least 30% of the blank wall surface. (ii) Control and expansion joints used in a decorative pattern with varied materials or textures and spaced a maximum of ten feet (10') on center. Relief and reveal depth, if used in a pattern, shall be a minimum of three- quarter (3/4) inch and shall be a minimum of 30% percent of the blank wall surface. (iii) Small setbacks, projections, or indentations with a minimum depth of eight inches (8"), or intervals of material change to break up the wall's surface. (iv) Additional architectural details such as pilasters, medallions, decorative panels or castings, decorative accent tiles, louvered vents, or public art shall be integrated on any exterior wall to avoid a blank wall appearance. (iii) Arcades, Porches, Trellises, Loggias and Balconies: ]NO CHANGES] (iv) Windows and Doors: (1) Window and door shutters and decorative trims and moldings shall be sized to match the dimensions of the wall openings. (2) Building facades facing streets or civic open spaces must have transparent windows covering between 20% and 75% of the wall area of each story as measured between finished floors. The minimum transparency or glass surface area on the ground floor wall area of all non-residential and mixed-use buildings shall be a minimum of X70% of the wall area for at least 70% of the length of that elevation. All storefronts or glass areas abutting the street shall be transparent, non-solar or non-mirrored, and have a light transmission reduction of no more than twenty percent (20%). (3) — (5) ]NO CHANGES] (v) Miscellaneous: ]NO CHANGES] (vi) Parking garages: Above ground parking garages shall comply with the architectural requirements of this Section and the following additional requirements: (1) Ramps shall be visually screened from streets and adjacent residential zoning districts and oriented towards the interior of the lot within a project where possible. Ramp profiles shall be hidden on the exterior elevations. (2) Roof top parking shall be visually screened with articulated parapet walls or other architectural treatment acceptable to the Site Plan Review and Appearance Board. 12 ORD.NO. 30-14 Exterior lighting shall utilize fixtures provided with cut-off shielding in order to eliminate glare and spillage onto adjacent properties and roadways. (3) The openings of the garage shall be designed in a manner that obscures parked vehicles. Decorative architectural elements on the ground floor level shall be designed to accommodate the pedestrian scale. Parking levels above the ground floor shall maintain the same vertical and horizontal articulation or rhythm and incremental appearance established on the ground floor. (4) Due to the requirements of a particular land use or structural needs, parking garages or the garage portion of the building may request ff~ fnefe,,, ffeffi the ° a waiver from the setback requirements of Section 4.4.13 D { 3} (for portions of the building three stories) subject to compliance with the following requirements: (a) The garage or the garage portion of the building elevation provides unified design elements with the main building through the use of similar materials and color,vertical and horizontal elements, and architectural style. (b) In OSSHAD and on Secondary Streets in the CBD, a-A minimum 50% of the ground floor perimeter of the garage or the garage portion of the building adjacent to street rights-of-way shall be devoted to window displays or floor area for active uses such as retail stores, personal and business service establishments, entertainment, offices, etc. This number may be reduced by the Site Plan Review and Appearance Board or the Historic Preservation Board. On Primary Streets in the CBD, the perimeter of the garage or the garage portion of the building adjacent to street rights-of-wav shall be lined b): active uses (see Section 4.4.13(0). (c) Architectural features shall be incorporated into the facade to mitigate the building's mass and bulk and along portions of the building adjacent to street rights-of-way. (vii) [NO CHANGES] Section 17. That Section 6.3.3(F) of the land development regulations, "Regulations Governing the Use, Design, and Maintenance of a Sidewalk Cafe," shall be amended to read as follows: (1) [NO CHANGES] (2) A sidewalk cafe may only be established in front of the business or along a side street adjacent to the business, or in front of public open space plazas adjacent to the business, and such businesses immediately adjacent to the business with which the sidewalk cafe is associated. The sidewalk cafe shall not be established adjacent to a travel lane or on-street parking, unless there is no ability to establish a sidewalk cafe adjacent to the storefront, in which case a sidewalk cafe may be located adjacent to a traffic lane or street parking as long as a€tee six foot clear pedestrian path is provided and the tables and associated chairs provide a minimum setback of 2' from the vehicular travel lane and associated curbing. This 2' setback does not apply when the tables are immediately adjacent to on street parking. (3) — (4) [NO CHANGES] 13 ORD.NO. 30-14 (5) Sidewalk cafe operators shall maintain a clear pedestrian path of a minimum of€tee six feet (-5 6') at all times. The€rye six foot (-5 0 clear pedestrian path shall be parallel to the street and/or alley. In the event a€tee six foot (-5 6') clear pedestrian path adjacent to the curb is interrupted by street furniture, trees, tree grates or similar impediments, then the sidewalk cafe operator may provide for a€tee six foot (-5 6') clear pedestrian path commencing from the edge of the impediment closest to the building facade for a distance of€tee six feet (5 6') towards the building. In areas of higher pedestrian traffic or activity or if conditions are such that additional clearance is required to assure safe pedestrian travel, additional clear space shall be required. A clear pedestrian path greater than€tee six feet (-5 6') may be required on sidewalks with an adjacent traffic lane. For sidewalk cafes with permits approved prior to �eOLtive date of ibis ordinance7, the dimensions of approved pedestrian paths will prevail. (6) — (11) [NO CHANGES) (12) All services provided to patrons of a sidewalk cafe and all patron activity (i.e., sitting, dining, etc.) shall occur within the designated sidewalk cafe area, and shall not impinge on the required-5�6' clear distance for pedestrian passage at any time. Chairs shall be arranged so that they do not move into the clear pedestrian path to accommodate patrons. (13) — (15) [NO CHANGES[ Section 18. That Appendix "A" of the land development regulations, "Definitions," shall be amended to read as follows: BUILDING HEIGHT The vertical distance from grade to the highest finished roof surface of a flat roof or to the mean level between eaves and ridge for gable, hip, or gambrel roofs. Within the CBD zoning district, vertical distance shall be measured to the soffit of a gable, hip, or gambrel roof and building height is also measured by stories. OPEN SPACE, CIVIC An outdoor space that is maintained as an urban ameni , and is accessible to the general public. Civic open spaces may be constructed and maintained by government agencies but are usually constructed b landowners when they build on the propert�: (see Section 4.4.13(G)). Civic open spaces typically take the form of a green, a plaza, a playground, or a square. STREETWALL A short freestanding wall or hedge located in line with building facades or front setbacks. Section 19. That should any section or provision of this ordinance, or any paragraph, sentence, or word thereof, be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder of this ordinance as a whole or part thereof other than the part declared to be invalid Section 20. That all ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 21. That this ordinance shall become effective upon its adoption on second and final reading. 14 ORD.NO. 30-14 PASSED AND ADOPTED in regular session on second and final reading on this day of , 2014. MAYOR ATTEST: City Clerk First Reading: Second Reading: 15 ORD.NO. 30-14 PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING DATE: OCTOBER 6, 2014 AGENDA NO: IV. B. AGENDA ITEM: CONSIDERATION OF A CITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDR), BY AMENDING VARIOUS SECTIONS THAT REQUIRE ADJUSTMENTS TO BE CONSISTENT WITH THE PENDING REPEAL AND REPLACEMENT OF THE CBD REGULATIONS. ITEM BEFORE THE BOARD The item before the Board is to make a recommendation to the City Commission regarding a city-initiated amendment to a variety of sections of the Land Development Regulations (LDRs) that are necessary to ensure consistency with the broader companion ordinance that will "repeal and replace" the current regulations governing development in the Central Business District. This item is being processed in accordance with LDR Section 2.4.5(M), Amendment to the Land Development Regulations. Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. BACKGROUND On November 8, 2013, the City of Delray Beach, and the Delray Beach Community Redevelopment Agency entered into an agreement with the Treasure Coast Regional Planning Council to review and update the city's Land Development Regulations for the Central Business District (CBD) areas including: the Central Core, the West Atlantic Avenue Neighborhood, and the Beach Area. The purpose of reviewing and revising the existing regulations is to clarify and provide greater predictability in the regulations and the process, articulate current priorities of the City and the CRA, and incorporate more Form-Based Code elements that emphasize the importance of the public realm. As a result of these pending amendments, other sections of the LDRs were affected and required changes to bring them into consistency throughout the code. That is the purpose of this item and the subject adopting ordinance. HIGHLIGHTS Examples of these changes which are necessary as a result of the repeal and replacement ordinance for the CBD regulations include, but are not limited to, the following: • Site and Development and Master Development Plans • Temporary parking lots • Community Residential Homes and Group Homes • Development Standards matrix • Bicycles parking 1 Planning and Zoning Board Staff Report of October 6, 2014 City-Initiated LDR Text Amendment-Housekeeping items resulting from CBD rewrite • In-lieu parking fee • Public parking fee • Landscape regulations in the downtown • Buildings within the downtown area • Use, design and maintenance of sidewalk cafes REQUIRED FINDINGS Comprehensive Plan Conformance LDR Section 2.4.5(M)(5) (Findings) requires that the City Commission make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. The following specific sections are relevant: Objective A-5 The City shall maintain its Land Development Regulations, which shall be regularly reviewed and updated, to provide timely, equitable and streamlined processes including, but not limited to, building permit processes for residential developments and to accommodate mixed-use developments, and other innovative development practices. The purpose of this ordinance is to bring a variety of LDR sections into consistency with the amendments resulting from the pending, concurrent ordinance that will `repeal and replace' the current development regulations in the Central Business District. The broader changes to the Central Business District create the need to amend other sections of the LDRs where they are referenced. Courtesy Notices Courtesy notices were provided to the following homeowner and civic associations: • Neighborhood Advisory Council • Alliance of Delray ASSESSMENT/NEXT STEPS This ordinance includes changes to various sections of the LDRs necessary as a result of the `repeal and replace' ordinance which made significant changes to the regulations in the Central Business District. Tentative dates for City Commission action are November 4, 2014 (First Reading) and November 18, 2014 (Second Reading). ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission of the amendment to Land Development Regulations ARTICLE 4.4 "TABLE OF CONTENTS"; AMENDING SECTION 2.2.3(D) "SITE PLAN REVIEW AND APPEARANCE BOARD"; AMENDING SECTION 2.4.5(F) "SITE AND DEVELOPMENT AND MASTER DEVELOPMENT PLANS (MDP)"; 2 Planning and Zoning Board Staff Report of October 6, 2014 City-Initiated LDR Text Amendment-Housekeeping items resulting from CBD rewrite AMENDING SECTION 2.4.6(F)"TEMPORARY PARKING LOTS"; AMENDING SECTION 4.1.1(A) "BASE ZONING DISTRICTS"; AMENDING SECTION 4.3.3(1) "COMMUNITY RESIDENTIAL HOMES AND GROUP HOMES"; AMENDING SECTION4.3.3(S) "ANTENNAS NOT LOCATED ON TELECOMMUNICATIONS TOWERS"; AMENDING SECTION 4.3.4(J) "HEIGHT"; AMENDING SECTION 4.3.4(K) "DEVELOPMENT STANDARDS MATRIX"; REPEALING SECTION 4.4.28 "CENTRAL BUSINESS DISTRICT — RAILROAD CORRIDOR (CBD-RC)"; AMENDING SECTION 4.6.4(A)"COMMERCIAL ZONING ADJACENT TO RESIDENTIAL ZONING OR ZONING DISTRICTS WITH A THIRTY-FIVE (35) FOOT HEIGHT LIMITATION"; AMENDING SECTION 4.6.9(C)(1) "BICYCLE PARKING"; AMENDING SECTION 4.6.9(E)(3) "LOCATION OF PARKING SPACES, IN- LIEU FEE"; AMENDING SECTION 4.6.9(E)(4) "PUBLIC PARKING FEE"; AMENDING SECTION 4.6.16(H)(4) "FOUNDATION LANDSCAPING REQUIREMENTS"; AMENDING SECTION 4.6.18(B) "BUILDINGS WITHIN THE DOWNTOWN AREA"; AMENDING SECTION6.3.3(F) "REGULATIONS GOVERNING THE USE, DESIGN, AND MAINTENANCE OF A SIDEWALK CAFE"; AMENDING APPENDIX A" DEFINITIONS", 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 Regulations, ARTICLE 4.4 "TABLE OF CONTENTS"; AMENDING SECTION 2.2.3(D) "SITE PLAN REVIEW AND APPEARANCE BOARD"; AMENDING SECTION 2.4.5(F) "SITE AND DEVELOPMENT AND MASTER DEVELOPMENT PLANS (MDP)"; AMENDING SECTION 2.4.6(F)"TEMPORARY PARKING LOTS"; AMENDING SECTION 4.1.1(A) "BASE ZONING DISTRICTS"; AMENDING SECTION 4.3.3(1) "COMMUNITY RESIDENTIAL HOMES AND GROUP HOMES"; AMENDING SECTION4.3.3(S) "ANTENNAS NOT LOCATED ON TELECOMMUNICATIONS TOWERS"; AMENDING SECTION 4.3.4(J) "HEIGHT"; AMENDING SECTION 4.3.4(K) "DEVELOPMENT STANDARDS MATRIX"; REPEALING SECTION 4.4.28 "CENTRAL BUSINESS DISTRICT — RAILROAD CORRIDOR (CBD-RC)"; AMENDING SECTION 4.6.4(A)"COMMERCIAL ZONING ADJACENT TO RESIDENTIAL ZONING OR ZONING DISTRICTS WITH A THIRTY-FIVE (35) FOOT HEIGHT LIMITATION"; AMENDING SECTION 4.6.9(C)(1) "BICYCLE PARKING"; AMENDING SECTION 4.6.9(E)(3) "LOCATION OF PARKING SPACES, IN-LIEU FEE"; AMENDING SECTION 4.6.9(E)(4) "PUBLIC PARKING FEE"; AMENDING SECTION 4.6.16(H)(4) "FOUNDATION LANDSCAPING REQUIREMENTS"; AMENDING SECTION 4.6.18(B) "BUILDINGS WITHIN THE DOWNTOWN AREA"; AMENDING SECTION6.3.3(F) "REGULATIONS GOVERNING THE USE, DESIGN, AND MAINTENANCE OF A SIDEWALK CAFE"; AMENDING APPENDIX A" DEFINITIONS" 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) (motion to be made in the affirmative). 3 Planning and Zoning Board Staff Report of October 6, 2014 City-Initiated LDR Text Amendment-Housekeeping items resulting from CBD rewrite RECOMMENDED ACTION Recommend approval to the City Commission of the amendment to Land Development Regulations ARTICLE 4.4 "TABLE OF CONTENTS"; AMENDING SECTION 2.2.3(D) "SITE PLAN REVIEW AND APPEARANCE BOARD"; AMENDING SECTION 2.4.5(F) "SITE AND DEVELOPMENT AND MASTER DEVELOPMENT PLANS (MDP)"; AMENDING SECTION 2.4.6(F)"TEMPORARY PARKING LOTS"; AMENDING SECTION 4.1.1(A) "BASE ZONING DISTRICTS"; AMENDING SECTION 4.3.3(1) "COMMUNITY RESIDENTIAL HOMES AND GROUP HOMES"; AMENDING SECTION4.3.3(S) "ANTENNAS NOT LOCATED ON TELECOMMUNICATIONS TOWERS"; AMENDING SECTION 4.3.4(J) "HEIGHT"; AMENDING SECTION 4.3.4(K) "DEVELOPMENT STANDARDS MATRIX"; REPEALING SECTION 4.4.28 "CENTRAL BUSINESS DISTRICT — RAILROAD CORRIDOR (CBD-RC)"; AMENDING SECTION 4.6.4(A)"COMMERCIAL ZONING ADJACENT TO RESIDENTIAL ZONING OR ZONING DISTRICTS WITH A THIRTY-FIVE (35) FOOT HEIGHT LIMITATION"; AMENDING SECTION 4.6.9(C)(1) "BICYCLE PARKING"; AMENDING SECTION 4.6.9(E)(3) "LOCATION OF PARKING SPACES, IN-LIEU FEE"; AMENDING SECTION 4.6.9(E)(4) "PUBLIC PARKING FEE"; AMENDING SECTION 4.6.16(H)(4) "FOUNDATION LANDSCAPING REQUIREMENTS"; AMENDING SECTION 4.6.18(B) "BUILDINGS WITHIN THE DOWNTOWN AREA"; AMENDING SECTION6.3.3(F) "REGULATIONS GOVERNING THE USE, DESIGN, AND MAINTENANCE OF A SIDEWALK CAFE"; AMENDING APPENDIX A" DEFINITIONS" 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). Attachments: ■ Draft Ordinance 4 w MEMORANDUM W TO: Mayor and City Commissioners FROM: Planning and Zoning Department THROUGH: Terry Stewart, Interim City Manager DATE: October 24, 2014 SUBJECT: AGENDA ITEM 10.E.-REGULAR COMMISSION MEETING OF NOVEMBER 18,2014 ORDINANCE NO.31-14(FIRST READING/FIRST PUBLIC HEARING) BACKGROUND On November 8, 2013, the City of Delray Beach, and the Delray Beach Community Redevelopment Agency entered into an agreement with the Treasure Coast Regional Planning Council to review and update the city's Land Development Regulations for the Central Business District (CBD) areas including: the Central Core, the West Atlantic Avenue Neighborhood, and the Beach Area. Two companion ordinances are associated with the subject rezoning ordinance. The first ordinance (Ordinance No. 29-14) presented a complete repeal and replacement of the CBD regulations. The second ordinance (Ordinance No. 30-14) included a list of`housekeeping' items necessary as a result of the first ordinance (cross referencing, referring to specific numerical subsections, etc.) The third and subject ordinance to rezone all properties currently zoned CBD-RC to CBD is the result of a recommendation included in the re-write. Specifically, the re-write recommended that the CBD-RC zoning district be renamed to CBD and be listed as a sub-district as the Railroad Corridor Sub-District, identical to the Beach, Central Core, and West Atlantic Neighborhood sub-districts. It is noted that while this is a change in name only, any changes that relate to the Railroad Corridor Sub- District (as well as all other areas zoned CBD) are detailed in the repeal and replace ordinance (Ordinance No. 29-14). The geographic area and the allowed uses remain unchanged. REVIEW BY OTHERS The Planning and Zoning Board reviewed the proposed amendment at a special meeting held on October 6, 2014 and recommended approval on a vote of 6 to 0. DISCUSSION The item before the City Commission is consideration of a City-initiated change in zoning designation from CBD-RC to CBD pursuant to Ordinance No. 31-14. TIMING OF THE REOUEST First Reading of the subject item is to occur on November 18, 2014. If passed on first reading, the second reading will occur on December 2, 2014. RECOMMENDATION By motion, approve on first reading Ordinance No. 31-14, Rezoning To Place Land Presently Zoned CBD-RC (Central Business District — Railroad Corridor) Into The CBD (Central Business District). Said Land Including Two Groups Of Lots Along The Florida East Coast Railway, One Group Located Between N.E. 2nd And N.E. 4th Streets And The Other Group Located Between S.E. 2nd And S.E. 7th Streets, by adopting the findings of fact and law contained in the Staff Report and finding that the request is consistent with the Comprehensive Plan. ORDINANCE NO. 31-14 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED CBD-RC (CENTRAL BUSINESS DISTRICT — RAILROAD CORRIDOR) INTO CBD (CENTRAL BUSINESS DISTRICT), SAID LAND INCLUDING TWO GROUPS OF LOTS ALONG THE FLORIDA EAST COAST RAILWAY, ONE GROUP LOCATED BETWEEN N.E. 2ND AND N.E. 4TH STREETS AND THE OTHER GROUP LOCATED BETWEEN S.E. 2ND AND S.E. 7TH STREETS, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, JANUARY 2012" ACCORDINGLY; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the Delray Beach Comprehensive Plan seeks to enhance Delray Beach's compact and vibrant downtown business districts from the Atlantic Ocean to Interstate 95 while retaining the distinctive character of each district; and WHEREAS, by separate ordinance, the existing land development regulations for the Central Business District are being reorganized and substantially modified to make those regulations more understandable to the public,predictable to landowners, and easier for the city to administer; and WHEREAS,the revised regulations for the Central Business District fully incorporate appropriate standards for land that has been zoned CBD-RC(Central Business District—Railroad Corridor); and WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated January 2012, as being zoned CBD-RC (Central Business District — Railroad Corridor); and WHEREAS, at its meeting of October 6, 2014, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 6 to 0 to recommend that the property hereinafter described be rezoned,based upon positive findings; and WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the changes are consistent with and further the objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, be amended to reflect the revised zoning classification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF DELRAY BEACH,AS FOLLOWS: 1 ORD.NO. 31-14 Section 1. That the recitations set forth above are incorporated herein. Section I That the Zoning District Map of the City of Delray Beach,Florida, is hereby amended to reflect a zoning classification of CBD (Central Business District)for the following described property, which is illustrated on Exhibit A: Beginning at the point of intersection of the centerline of S.E. 2nd Street and the centerline of S.E. 1St Avenue;thence easterly along said centerline to a point of intersection with the centerline of S.E. 3rd Avenue; thence southerly along said centerline of S. E. 3rd Avenue to a point of intersection with the easterly projection of the centerline of the east-west alley of Block 87, LINKS ADDITION TO OSCEOLA PARK (according to the Plat thereof as recorded in Plat Book 1, Page 133 of the Public Records of Palm Beach County, Florida); thence westerly along said projection and centerline of said alley to a point of intersection with the centerline of the north-south alley of said Block 87; thence southerly along said centerline and projection thereof, to a point of intersection with the centerline of S.E. 3rd Street; thence southerly to a point of intersection with the westerly projection of the north line of Lot 13, Block 88, of said Plat of LINKS ADDITION TO OSCEOLA PARK, and the centerline of the north-south alley of Block 88, of said Plat of LINNS ADDITION TO OSCEOLA PARK; thence southerly along said centerline and projection thereof to a point of intersection with the centerline of S.E. 4th Street; thence westerly along S.E. 4th Street centerline to a point of intersection with the west right-of- way line of the Florida East Coast Railroad; thence southerly along said right-of-way line to a point of intersection with the south property line of Lot 5, of said Plat of ANDERSON BLOCK (according to the Plat thereof as recorded in Plat Book 22, Page 45 of the Public Records of Palm Beach County, Florida);thence westerly along said south property line of Lot 5 to the intersection of the western property boundary line of said Lot 5, of said Plat of ANDERSON BLOCK;thence northerly along said western property boundary line of said lot 5 to the intersection of the northern property boundary line of said Lot 5, of said Plat of ANDERSON BLOCK; thence easterly to the intersection of the southerly extension of the centerline of S.E. 1st Avenue; thence northerly along said centerline of S.E. 1st Avenue to a point of intersection with the centerline of S.E. 4th Street; thence easterly along said centerline of S. E. 4th street to a point of intersection with the centerline of the continuation of S.E. 1st Avenue; thence northerly along said centerline of S.E. 1st Avenue to a point of intersection with the centerline of S.E. 3rd Street;thence easterly along said centerline of S. E. 3rd Street to a point of intersection with the southerly projection of the east lot line of Lot 14, Block 79, of said Plat of TOWN OF LINTON; thence northerly along said projection and the east lot line of Lots 14, 13, 12, 11, 10, 9, 8, 7 and 6 to the northeast corner of Lot 6, Block 79; thence westerly along the north lot line of said Lot 6 and the projection thereof to a point of intersection with the centerline of S.E. 1st Avenue; thence northerly along said centerline to the point of beginning. AND Beginning at the point of intersection of the centerline of N.E. 4th Street and the northerly projection of the centerline of the north-south alley in Block 81, TOWN OF LINTON (according to the Plat thereof as recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach County, Florida); thence in an easterly direction along the centerline of N.E. 4th Street to a point of intersection with the northerly projection of a line 135 feet west of and parallel with the east lot line of Lot 1, Block 97, HIGHLAND PARK (according to the Plat thereof as recorded in Plat Book 2, Page 79 of the Public Records of Palm Beach County, Florida); thence southerly along said projection and line to a point of intersection with the north lot line of Lot 4, said Block 97; thence westerly along said lot line to a point of intersection with the centerline of N.E. 3rd Alley; thence southerly along said centerline to a point of intersection with the westerly projection of the north lot line of Lot 9 of said Block 97; thence easterly along said projection to a point of 2 ORD.NO. 31-14 intersection with a line 220 feet west of and parallel to the east lot line of said Lot 9; thence southerly along said line to a point of intersection with the south lot line of said Lot 9; thence westerly along said lot line to the southwest corner of said Lot 9;thence southerly along the west lot line of Lot 10, Block 97,to the southwest corner of said Lot 10;thence easterly along the south lot line of said Lot 10 to a point of intersection with the northerly projection of the west lot line of Lot 11, Block 97; thence southerly along said projection and the west lot line of Lots 11, 12, 13, 14 and the southerly projection of the west lot line of Lot 14, all of said Block 97, to a point of intersection with the centerline of N.E. 3rd Street; thence in a southerly direction to the northeast corner of Lot 14, Block 98, L.R. BENJAMIN'S SUBDIVISION (according to the Plat thereof as recorded in Plat Book 12, Page 18 of the Public. Records of Palm Beach County, Florida);thence in a southerly direction along the east lot lines of Lots 14, 15, 16, 17, 18, 19, 20, 21, 23 and the southerly projection of the east line of Lot 23, Block 98, to a point of intersection with the centerline of N. E. 2nd Street;thence westerly along said centerline to a point of intersection with the centerline of the north-south alley of Block 82, TOWN OF LINTON (according to the Plat thereof as recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach County, Florida); thence northerly along said centerline of Block 82, and the northerly projection of said centerline, to a point of intersection with the centerline of N.E. 3rd Street;thence in an easterly direction to a point of intersection with the centerline of N.E. 3rd Street and the southerly projection of the centerline of the north-south alley in Block 81, TOWN OF LINTON (according to the Plat thereof as recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach County, Florida) thence northerly along said centerline, and northerly projection of said centerline to the point of beginning. LESS the following described property: Begin at the northeast corner of Lot 1, L.R. BENJAMIN'S SUBDIVISION as recorded in Plat Book 12, Page 18 of the Public Records of Palm Beach County, Florida, and run on an assumed bearing of S 00 degrees 18' 39" W along the east line of Lots 1, 2 and 3 for 137.00 feet; thence run N 88 degrees 49' 54" W for 94.42 feet; thence N 09 degrees 45' 36" E along a line 50.00 feet westerly of as measured at right angles to the west lines of said Lots 1, 2 and 3 for 138.54 feet; thence S 88 degrees 49' 54" E along the westerly extension of and north line of said Lot 1, L.R. BENJAMIN'S SUBDIVISION, for a distance of 71.67 feet to the Point of Beginning. The subject properties are located along the F.E.C. Railroad corridor in two general locations; one approximately between N. E. 4th Street and N. E. 2nd Street, and the other between S.E. 2nd Street and S.E. 7th Street. Section 3. That the Planning and Zoning Director of the said City shall,upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida,to conform with the provisions of Section 2 hereof. Section 4. That should any section or provision of this ordinance, or any paragraph, sentence, or word thereof, be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder of this ordinance as a whole or part thereof other than the part declared to be invalid. 3 ORD.NO. 31-14 Section 5. That all ordinances or parts of ordinances in conflict herewith 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 day of 2014. MAYOR ATTEST: City Clerk First Reading: Second Reading: 4 ORD.NO. 31-14 ��■■ ti,, I sin '■■ ■■ slit ■� � I i■ ,II Illy' ■� � ■ � ■ -r r =fir�� = ■ , �'_ _■ "' �1�f= w� '_ � C wl■ �■ r r!•s mow. �� ',� —.uu'— i �f■ � IL "� ter■ �� ,,,Ill 1 � �>. ��5 ■■i � �a! � ,� �S '� �Ih T �i',� —�� ■ate '� � 1 a■� � � i will. '�� .Ill i� -IIII� �,� ■ ■r .... ■ -,■� ■.� �� = r A1I11111U MtN, -- = 111111'= Ills 0 MIN &I =1111 won ■�� illy �{� N � I� �� '■ -�=��. �� — . — �, �. ors nC ■tea� ■1 LII 1■� �� ■■ �V� � ■� �� :;:� � �,� s� w ylln•i,ly r ■t - . na r llul.,Ol � OWN �! - ■11�1.11111r �� ■111 _ ■ �= =� 31�11111� �_ ��■� -- ■ II =v 11111111 1111111 �IaI11��=! � i —r �� A■ a� PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING OF: OCTOBER 6, 2014 AGENDA NO. IV.C. AGENDA ITEM: CONSIDERATION OF A CITY-INITIATED REZONING TO PLACE LAND PRESENTLY ZONED CDB-RC (CENTRAL BUSINESS DISTRICT — RAILROAD CORRIDOR) INTO THE CBD (CENTRAL BUSINESS DISTRICT). SAID LAND INCLUDING TWO GROUPS OF LOTS ALONG THE FLORIDA EAST COAST RAILWAY, ONE GROUP LOCATED BETWEEN N.E. 2ND AND N.E. 4TH STREETS AND THE OTHER GROUP LOCATED BETWEEN S.E. 2ND AND S.E. 6TH STREETS. ITEM BEFORE THE BOARD The action before the Board is that of making a recommendation to the City Commission on a City-initiated rezoning from CBD-RC to CBD. Pursuant to Section 2.2.2(E)(6)(b), the Local Planning Agency (Planning & Zoning Board) shall review and make a recommendation to the City Commission with respect to the rezoning of any property within the City. BACKGROUND The city is currently undergoing a rewrite of the regulations governing development and redevelopment in the Central Business District. Two companion ordinances were before the Planning and Zoning Board and were reviewed for a recommendation immediately before this current ordinance. The first ordinance presented a complete repeal and replacement of the CBD regulations. The second ordinance included a list of `housekeeping' items necessary as a result of the first ordinance (cross referencing, referring to specific numerical subsections, etc.) The subject third ordinance to rezone all properties currently zoned CBD-RC to CBD is the result of a recommendation included in the re-write. Specifically, the re-write recommended that the CBD-RC zoning district be renamed to CBD and be listed as a sub-district. The Railroad Corridor Sub-District, similar to the Beach, Central Core, and West Atlantic Neighborhood sub- districts will all exist within the Central Business District (CBD). It is noted that this is a change in name only; the substantive changes that relate to the Railroad Corridor Sub-District (as well as all other areas zoned CBD) are in the ordinance that repeals and replaces the current regulations. The geographic area and the allowed uses remain unchanged. The Planning and Zoning Board initiated this rezoning at their regular meeting held on September 15, 2014. P &Z Board Staff Report meeting of October 6 2014 City-Initiated Rezoning from CBD-RC to CBD Page 2 ZONING ANALYSIS REQUIRED FINDINGS Section 2.4.5(D)(5) (Rezoning Findings): Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. Section 2.4.5(D)(2) lists these reasons: a. That the zoning had previously been changed, or was originally established, in error; b. That there has been a change in circumstances which make the current zoning inappropriate; C. That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. Two (2) of the reasons above are found to relate to this rezoning. Per item `b', there has been a change in circumstances, of sorts. It has been recommended in the draft CBD rewrite to place the current CBD-RC areas beneath the broader umbrella of CBD, and for these areas to be considered as sub-districts, identical to how the Beach, Central Core, and West Atlantic Neighborhoods are currently considered. Therefore, the "circumstance" that supports this rezoning is the need for these two areas of the downtown to be placed in a more rational location in the LDRs for ease of understanding, as well as to incorporate these areas as part of the overall CBD; they're simply too connected to not be given equal treatment consistent with the other three (3) sub-districts. Per item `c', the requested zoning is of the same intensity as already allowed under the Future Land Use Map. As stated in the discussion for item `b', it is more appropriate for the properties to be rezoned to CBD as a sub-district equal to how the other three (3) sub-districts are treated. A finding can therefore be made by the City Commission that the rezoning request fulfills the required reasons for rezoning. LDR (Chapter 3) PERFORMANCE STANDARDS: Pursuant to Section 3.1.1 (Required Findings), prior to approval of Land Use applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. A. Future Land Use Map: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. The subiect properties are designated on the Future Land Use Map as Central Core and will be unchanged. The zoninq district is being renamed from CBD-RC to CBD, but will P &Z Board Staff Report meeting of October 6 2014 City-Initiated Rezoning from CBD-RC to CBD Page 3 retain its identity as a sub-district identical to the Beach, Central Core, and the West Atlantic Neighborhood. This is a change in name only, a positive finding can be made. B. Concurrency: Concurrency, as defined pursuant to Objective B-2 of the Future Land Use Element of the Comprehensive Plan, must be met and a determination made that the public facility needs, including public schools, of the requested land use and/or development application will not exceed the ability of the City and The School District of Palm Beach County to fund and provide, or to require the provision of, needed capital improvements in order to maintain the Levels of Service Standards established in Table CI-GOP-1 of the adopted Comprehensive Plan of the City of Delray Beach. There is no change to the allowable densities and intensities in the areas under review. This is a change in name only, a positive finding can be made. C. Consistency: A finding of overall consistency may be made even though the action will be in conflict with some individual performance standards contained within Article 3.2.2 (below), provided that the approving body specifically finds that the beneficial aspects of the proposed project (hence compliance with some standards) outweighs the negative impacts of identified points of conflict. Section 3.2.2 (Standards for Rezoning Actions): (A) The most restrictive residential zoning district that is applicable given existing development patterns and typical lot sizes shall be applied to those areas identified as "stable" and "stabilization" on the Residential Neighborhood Categorization Map. Requests for rezoning to a different zoning designation, other than Community Facilities, Open Space, Open Space and Recreation, or Conservation shall be denied. (B) Rezoning to AC (Automotive Commercial) to accommodate auto dealerships shall not be permitted west of I-95. (C) Zoning changes that would result in strip commercial development shall be avoided. Where strip commercial developments or zoning currently exists along an arterial street, consideration should be given to increasing the depth of the commercial zoning in order to provide for better project design. (D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. (E) Remaining, isolated infill lots within the coastal planning area shall be developed under zoning which is identical or similar to the zoning of adjacent properties; and, the resulting development shall be of a design and intensity which is similar to the adjacent development. Because this action is a change in name only, no revisions to uses, densities or intensities are proposed. While there is no direct applicability of these `standards for rezoning actions', it is noted that reason (D) is supported by the fact that allowed land uses will continue to be compatible with adiacent and nearby land uses. P &Z Board Staff Report meeting of October 6 2014 City-Initiated Rezoning from CBD-RC to CBD Page 4 COMPREHENSIVE PLAN POLICIES: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objective is noted: Objective A-5 The City shall maintain its Land Development Regulations, which shall be regularly reviewed and updated, to provide timely, equitable and streamlined processes including, but not limited to, building permit processes for residential developments and to accommodate mixed-use developments, and other innovative development practices. This proposed ordinance is the culmination of numerous meetings with staff, stakeholders, and board members, the public, advisory boards, etc. and reflects a review and update of the LDRs that elevates the regulations in the downtown more in line with current trends and practices. The proposed ordinance is the result of a recommendation in the draft LDRs to place the current CBD-RC zoned areas under the broader umbrella of CBD as a sub-district, identical to the Beach, Central Core, and West Atlantic Neighborhood. The proposed ordinance is therefore consistent with this objective. REVIEW BY OTHERS The Community Redevelopment Agency (CRA) reviewed the item at their September 23, 2014 meeting and a consensus was reached to recommend approval. The Parking Management Advisory Board (PMAB) reviewed the item for updates at their September 23, 2014 meeting; a consensus was reached to recommend approval with comments at an earlier meeting on July 29, 2014. The Pineapple Grove Main Street (PGMS) Committee reviewed the item at their September 30, 2014 meeting and reached a consensus to recommend approval with two board members abstaining due to height concerns (54'). The West Atlantic Redevelopment Coalition (WARC) reviewed the item at their October 2, 2014 meeting and reached a consensus to recommend approval. The Downtown Development Authority (DDA) will review the item at their October 6, 2014 meeting and their recommendation will be conveyed at the October 6, 2014 special meeting of the Planning and Zoning Board. Courtesy Notices: Courtesy notices have been provided to the following civic and homeowners associations: • Delray Citizen's Coalition • Point at Delray Condo Public Notice: Formal public notice has been provided to affected property owners, as well as to all property owners within a 500' radius. In addition, one public notice sign per block face has been posted in accordance with LDR Section 2.4.2(B)(1)(j)(ii). Letters of objection or support, if any, will be presented at the Planning and Zoning Board meeting. P &Z Board Staff Report meeting of October 6 2014 City-Initiated Rezoning from CBD-RC to CBD Page 5 ASSESSMENT This item is a change in name only of the current CBD-RC to CBD. The change in the name requires the item to be processed as a change in zoning designation. Otherwise, densities, intensities, land uses, etc. remain unchanged. Tentative dates for City Commission action are November 4, 2014 (First Reading) and November 18, 2014 (Second Reading). ALTERNATIVE ACTIONS A. Continue with direction. B. Recommend to the City Commission approval of a city-initiated rezoning TO PLACE LAND PRESENTLY ZONED CBD-RC (CENTRAL BUSINESS DISTRICT— RAILROAD CORRIDOR) INTO THE CBD (CENTRAL BUSINESS DISTRICT). SAID LAND INCLUDING TWO GROUPS OF LOTS ALONG THE FLORIDA EAST COAST RAILWAY, ONE GROUP LOCATED BETWEEN N.E. 2ND AND N.E. 4TH STREETS AND THE OTHER GROUP LOCATED BETWEEN S.E. 2ND AND S.E. 6TH STREETS, based on positive findings with respect to LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions) and LDR Section 2.4.5(D)(5) (Rezoning Findings). C. Recommend denial of the privately initiated rezoning TO PLACE LAND PRESENTLY ZONED CBD-RC (CENTRAL BUSINESS DISTRICT — RAILROAD CORRIDOR) INTO THE CBD (CENTRAL BUSINESS DISTRICT). SAID LAND INCLUDING TWO GROUPS OF LOTS ALONG THE FLORIDA EAST COAST RAILWAY, ONE GROUP LOCATED BETWEEN N.E. 2ND AND N.E. 4TH STREETS AND THE OTHER GROUP LOCATED BETWEEN S.E. 2ND AND S.E. 6TH STREETS, based on a failure to make positive findings with respect to LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions) and LDR Section 2.4.5(D)(5) (Rezoning Findings). STAFF RECOMMENDATION Recommend approval to the City Commission of the proposed Rezoning TO PLACE LAND PRESENTLY ZONED CBD-RC (CENTRAL BUSINESS DISTRICT — RAILROAD CORRIDOR) INTO THE CBD (CENTRAL BUSINESS DISTRICT). SAID LAND INCLUDING TWO GROUPS OF LOTS ALONG THE FLORIDA EAST COAST RAILWAY, ONE GROUP LOCATED BETWEEN N.E. 2ND AND N.E. 4TH STREETS AND THE OTHER GROUP LOCATED BETWEEN S.E. 2ND AND S.E. 6TH STREETS, based on positive findings with respect to LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions) and LDR Section 2.4.5(D)(5) (Rezoning Findings). Attachments: Draft Ordinance