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12-02-14 Regular Meeting Agenda City of Delray Beach • Regular Commission Meeting Tuesday, December 2, 2014 Regular Meeting 6:00 p.m. Public Hearings 7:00 p.m. Delray Beach City Hall RULES FOR PUBLIC PARTICIPATION The City of Delray Beach welcomes public engagement during City Commission meetings and requests that citizens adhere to the following Rules for 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. C. Citizens that request to do a presentation that is on a portable flash drive device or CD/DVD, must provide their media to the City Clerk no later than 12:00 pm one day prior to the meeting where they wish to present. 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.mydeiraybeach.com REGULAR MEETING AGENDA 1. ROLL CALL 2. INVOCATION 3. PLEDGE OF ALLEGIANCE TO THE FLAG 4. APPROVAL OF MINUTES: A. June 10, 2014 - Special/Workshop Meeting B. June 17, 2014 - Regular Meeting C. August 5, 2014 - Regular Meeting 5. PRESENTATIONS: A. Recognizing and Commending Lieutenant General William J. Ely B. S.P.LR.LT. (Service, Performance, Integrity, Responsibility, Innovation, Teamwork) Committee) Quarterly Awards 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. FINAL SUBDIVISION PLAT APPROVAL/DOWNTOWN DELRAY PROFESSIONAL CENTER: Consider approval of a final plat for Downtown Delray Professional Center, two medical office buildings located on the north side of S.E. 6th Street between S.E. 51h-Avenue and S.E. 61h-Avenue. B. CONTRACT CLOSEOUT (CHANGE ORDER NO. 1/FINAL)/B & B UNDERGROUND CONTRACTORS, INC.: Approve Contract Closeout (,Change Order No. I/Final) in the amount of $5,293.50 decrease and final payment in the amount of$19,189.57 to B & B Underllround, Inc. for completion of the North Lake Ida Area Water Main Project (Bid No. 2014-11). This is in compliance with Code of Ordinances, Chapter 36, Section 36.06 (A)(2), "Change Orders; Within the Scope of Work". C. CONTRACT CLOSEOUT (CHANGE ORDER NO. 3/FINAL)/MANCIL'S TRACTOR SERVICE, INC.: Approve Contract Closeout (Change Order No. 3/Final) in the amount of $33,623.23 decrease and final payment in the amount of $16,893.00 to Mancil's Tractor Service, Inc., for completion of the N.E. P-1 Avenue Improvements Project No. 12-042). This is in compliance with Code of Ordinances, Chapter 36, Section 36.06 (A)(2), "Change Orders; Within the Scope of Work". D. CONSENT TO ASSIGNMENT FROM THE DUMONT COMPANY, INC. TO HAWKINS, INC.: Approve the Consent to Assignment from The Dumont Company, Inc. to Hawkins,Inc. 1. CONTRACT RENEWAL/ DUMONT COMPANY, INC. (d/b/a HAWKINS): Approve renewal of an annual contract with Dumont Company, Inc. (Bid No. 2013-01) in an amount not to exceed $45,000.00 for the purchase and delivery of Hydrofluorosilicic Acid for use in water treatment. This is in compliance with the Code of Ordinances, Chapter 36, Section 36.07(A)(3), "Renewals" and Section 36.03(A), "Acquisitions of Twenty-Five Thousand Dollars ($25,000) or Greater". Funding is available from 441-5122-536-52.21 (Water & Sewer Fund: Operating Supplies/Chemicals). E. REQUEST FOR A SIDEWALK DEFERRAL/ 1002 SEASAGE DRIVE: Approve an agreement to defer installing a sidewalk for 1002 Seasage Drive in the Seasage Overlay District. F. REQUEST FOR A SIDEWALK DEFERRALS/1031 MELALEUCA ROAD: Approve an agreement to defer installing two (2) sidewalks on the northwest corner of Seasage Drive and Melaleuca Road for the property located at 1031 Melaleuca Road in the Seasage Overlay District. G. ACCEPTANCE OF A RIGHT OF WAY DEED/104 S.E. lit AVENUE: Approve acceptance of a right-of-way dedication for the alleys and S.E. lit Avenue for Swinton Social located at 104 S.E. 1st Avenue. H. ACCEPTANCE OF A RIGHT OF WAY DEED/202 NORTH SWINTON AVENUE: Approve acceptance of a right-of-way dedication for the alley to the rear of 202 North Swinton Avenue located in the Old School Square Historic District. I. HOLD HARMLESS AGREEMENT/KH SANDCASTLES, LLC: ST. GEORGE: Approve a Hold Harmless Agreement with KH Sandcastles, LLC. to install and construct utilities in the State right-of-way for the Project associated with St. George Townhomes located on the east side of Federal Highway, north of George Bush Boulevard. J. AMENDMENT TO THE LICENSE AGREEMENT/32 EAST RESTAURANT: Approve an Amendment to the License Agreement between the City and Bright Horizons Investment Corporation to add a second floor canopy to encroach into the right-of-way for 32 East Restaurant located at 32 East Atlantic Avenue. K. LANDSOUTH CONSTRUCTION/PROPOSED TRAFFIC PATTERN MODIFICATION DURING CONSTRUCTION: Provide authorization for Landsouth Construction to close the alley between S.E. 41h- Avenue and S.E. 5th Avenue north of S.E. 211d Street (250 feet) from January 5, 2015 through November 5, 2016 for Uptown Delray. L. ADVANCED APPROVAL FOR FY 2015 SPENDING GREATER THAN $25,000/FERGUSON ENTERPRISES, INC.: Approval for FY 2015 spending with Ferguson Enterprises, Inc. in an amount not to exceed $180,000.00 for parts related to water and wastewater utility operations, maintenance, and repair. This is in compliance with the Code of Ordinances, Chapter 36, Section 36.02(A), "Sealed Competitive Method"; Section 36.02(B), "Written Quotations Method", Section 36.02 (C), "Direct Acquisitions Method" and Section 36.03(B), "Multiple Acquisitions from Vendor Exceeding $25,000.00 in any Fiscal Year". M. ADVANCED APPROVAL FOR FY 2015 SPENDING GREATER THAN $25,000/HD SUPPLY WATERWORKS: Approval for FY 2015 spending with HD Supply Waterworks in an amount not to exceed $180,000.00 for parts related to water and wastewater utility operations, maintenance and repair. 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". N. AMENDMENT NO. 2 TO THE INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY (CRA)/CONSTRUCTION PROFESSIONAL SERVICES: Approve Amendment No. 2 to the Interlocal Agreement between the City and Community Redevelopment Agency (CRA) to further modify the amount of funding for the projects listed in Exhibit "A" to reflect the actual amount of funding Provided by the CRA for the projects at the end of FY 2013-14 and close out the fiscal year. O. ANNUAL PERFORMANCE BONUS/JCD SPORTS GROUP, INC.: Approve FY 13/14 bonus payments to JCD Sports Group, Inc. for golf course operations in the amount of $12,233.70 and for Tennis Center operations in the amount of $5,012.55. Funding is available from 445-4711-572-34.90 (Delray Beach Municipal Golf Course Fund: Other Contractual Service), 446-4711-572-34.90 (Lakeview Golf Course: Other Contractual Service) and 001-4215-575-34.90 (General Fund: Operating Expenses- Miscellaneous/Other Contractual Service). P. RESOLUTION NO. 60-14/FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT)/LOCALLY FUNDED AGREEMENT: Approve Resolution No. 60-14; to provide authorization to execute a Locally Funded Agreement (LFA) with the Florida Department of Transportation (FDOT) in the amount of $247,865.40 for the installation of trombone mast arm upgrades at the intersections of East Atlantic Avenue at Venetian Drive and Gleason Street (Project No. 14-077 and 14-078). Funding is available from 334-3162-541-68.99 (General Construction Fund: Other Improvement/East Atlantic Gleason/Venetian Signal). Q. ADVANCED APPROVAL FOR FY 2015 SPENDING GREATER THAN $25,000.00/TEN-8 FIRE EQUIPMENT: Approval for FY 2015 spending with Ten-8 Equipment, as a sole source vendor, in an amount not to exceed $65,000.00 for the purchase of Pierce Fire Truck repair parts and service. This is in compliance with the Code of Ordinances, Chapter 36, Section 36.02(C)(6)(a), "Sole Source" and Section 36.03(B), "Multiple Acquisitions from Vendor Exceeding $25,000.00 in Any Fiscal Year". Funding is available form 501-3311-591-52.50 (Garage Fund: Operating Supplies/External Parts) and 501-3311-591-52.52 (Garage Fund: Operating Supplies/ C.G. — Outside Service). R. RESOLUTION NO. 62-14: Approve adoption of Resolution No. 62-14; recognizing the Human Powered Delray (HPD) Interim Bicycle and Pedestrian Masterplan. S. RESOLUTION NO. 61-14: Approve Resolution No. 61-14; supporting the Board of Directors of the Palm Beach County League of Cities, Inc.'s objection to recent action taken by the Palm Beach County Board of County Commissioners to withdraw Palm Beach County from the Treasure Coast Regional Planning Council (TCRPC) and to request membership in the South Florida Regional Planning Council (SFRPC). T. RESOLUTION NO. 65-14: Approve Resolution No. 65-14 assessing costs for abatement action required to remove nuisances on six (6) properties throughout the City of Delray Beach. U. PROCLAMATIONS: 1. None V. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period November 10, 2014 through November 21, 2014. W.AWARDS OF BIDS AND CONTRACTS: 1. Purchase award to Glade and Grove Supply Company in the amount of $28,000.00 for a new Case 85C Tractor via the Florida Sheriffs Association Contract #14-12-0904, Specification #20. This is in compliance with the Code of Ordinances, Chapter 36, Section 36.02(C)(7)(a), "Utilization of Other Governmental Entities' Contracts". Funding is available from 501-3312-591- 64.20 (Garage Fund: Machinery/Equipment/Automotive). 2. Purchase award to Rechtien International in an amount not to exceed $65,000.00, as a sole vendor, for the purchase of OEM repair, parts and services that are proprietary to International trucks. This is in compliance with the Code of Ordinances, Chapter 36, Section 36.02(C)(6)(a), "Sole Source". Funding is available from 501-3311-591-52.50 (Garalle Fund: Operatinji Supplies/External Parts) and 501-3311-591-52.52 (Garage Fund: Operating Supplies/ C.G. — Outside Services). 9. REGULAR AGENDA: A. WAIVER REQUESTS/202 NORTH SWINTON AVENUE: Consider approval of three (3) request for waivers to the Land Development Regulations (LDR) Section 4.6.9(D)(2)(b), "Off-Street Parking Regulations, Provisions for Ingress and Egress", to reduce the minimum required combined depth of alley parking spaces from 42' to 39'-6 and to reduce the required parking space width from 10' to 9' at the rear of the property, adjacent to the alley; Land Development Regulations (LDR) Section 4.6.9(D)(3)(a-b), "Off-Street Parking Regulations, Point of Access to the Street System, Maximum and Minimum Width", to reduce the required driveway width from 24' to 18' at the point of access from North Swinton Avenue for the property located at 202 North Swinton Avenue. (Quasi-Judicial Hearin,-) B. WAIVER REQUEST/150 ANDREWS AVENUE: Consider approval of a waiver request to Land Development Regulations (LDR) Section 4.6.14(B)(6), "Minimum 40' Sight Visibility Triangle", to allow 25' sight visibility triangles at the intersections of Luke Lane and Andrews Avenue along Thomas Street whereas 40' sight visibility triangles are required for the Beach House of Delray located at 150 Andrews Avenue. (Quasi-Judicial Hearin,-) C. CONDITIONAL USE REQUEST/DELRAY PRESERVE: Consider approval of a conditional use request to allow a multiple family residential development up to 22 units per acre (21.936 proposed) for Delray Preserve, located on the east side of North Federal Highway, south of Gulf Stream Boulevard and between the Kokomo Key Subdivision and Auto Nation Volvo Delray within the GC (General Commercial) zoning district. The development proposal involves the construction of 188 multiple family residential units within seven multiple family buildings. (Quasi-Judicial Hearin D. RESOLUTION NO. 66-14/EAGLE METAL PRODUCTS: Consider approval of Resolution No. 66-14; approving the Eagle Metal Products in the amount of $39,680.00, to remove rust and make repairs the 100' Holiday Tree once it is taken down; declaring by a four-fifths affirmative vote that the city's sealed competitive method or written quotations procurement method for the purchase is not in the best interest of the city. Funding is available from 001-3431-519-46.10 (General Fund: Repair & Maintenance Services/Building Maintenance). E. APPROVAL OF A BID AWARD TO MOWREY ELEVATOR AND TO TERMINATE AN AGREEMENT WITH ORACLE ELEVATOR: First motion to consider approval of bid award to Mowrey Elevators (Bid No. 2014-35), the second lowest bidder, in an amount not to exceed $65,000.00 annually for maintenance and repair of elevators within City facilities. Contingent upon approval of a bid award to Mowrey Elevator, a second motion to approve a termination of a Standard Form of Agreement with Oracle Elevator. This is in compliance with the Code of Ordinances, Chapter 36, Section 36.02 (A), "Sealed Competitive Method". Funding is available from various departments. F. APPROVAL OF AN EMPLOYMENT AGREEMENT WITH DONALD B. COOPER: Consider approval of an employment agreement with Donald B. Cooper for the position of City Manager of the City of Delray Beach. G. 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. NONE 11. FIRST READINGS: A. ORDINANCE NO. 32-14: Consider adopting a small-scale future land use map amendment from GC (General Commercial) to LD (Low Density Residential 0-5 du/ac), pursuant to the provisions of the "Community Planning Act", Florida Statutes Section 163.3187, for a parcel of land located on the south side of S.E. 41h- Street, 87.60 feet east of S.E. 61h-Avenue, as more particularly described herein, and rezoning and placing said land presently zoned GC (General Commercial) District to R-1-AA (Single Family Residential) District; amending "Zoning Map of Delray Beach, Florida, January 2012". If passed, a public hearing will be held on January 6, 2015. B. ORDINANCE NO. 36-14: Consider a privately initiated rezoning from AC (Automotive Commercial) to GC (General Commercial) for ZNT Delray located on the west side of S.E. 5th Avenue between S.E. 6th Street and S.E. 7th Avenue. If passed, a public hearing will be held on January 6, 2015. 12. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS: A. City Manager B. City Attorney C. City Commission SPECIAL MEETING JUNE 10, 2014 A Special Meeting of the City Commission of the City of Delray Beach, Florida,was called to order by Mayor Cary Glickstein in the Commission Chambers at City Hall at 6:00 p.m., on Tuesday,June 10, 2014. Roll call showed: Present- Commissioner Alson Jacquet Vice Mayor Shelly Petrolia Deputy Vice Mayor Jordana Jarjura Mayor Cary Glickstein Absent- Commissioner Adam Frankel Also present were - Robert Barcinski,Acting City Manager Terrill Pybum, Interim City Attorney Kimberly Wynn, Acting City Clerk Mayor Glickstein called the Special meeting to order and announced that it had been called for the purpose of considering the following Item. SPECIAL MEETING AGENDA 1. Public Comments a. Stephen Blum: Discussed how taxpayer money was wasted by making no decision regarding City Manager, Mr. Louie Chapman,Jr. b. Dr. Victor Kirson: Discussed the City Attorney interviews. c. Kevin Osborne: Suggested that the Land Development Regulations (LDR) regarding density be tightened up. d. Jim Smith: Thanked the Mayor, Commissioners and the Community Redevelopment Agency (CRA) for funding the Treasure Coast Regional Planning Council (TCRPC) Land Development Regulations report that would be discussed at the workshop. Mr. Smith welcomed the new Planning & Zoning Director, Dana Little and thanked Interim Planning& Zoning Director, Mark McDonnell for his hard work. e. Jim Knight: Congratulated Dana Little and thanked both Mr. Little and Mr. McDonnell for all of their work on the Land Development Regulations (LDR). 2. TEMPORARY AGREEMENT WITH INTERIM CITY MANAGER, TERRANCE STEWART: Consider approval of a temporary agreement with Interim City Manager Terrance Stewart. Terrill Pyburn the Interim City Manager, introduced this item. She noted changes to the following sections of the Employment Agreement: Section 4, "Automobile"; Section 5, "Temporary Housing Allowance"; Section 8, "Termination and Severance Pay". Ms. Pyburn advised that the term of the contract would be from June 16, 2014 through August 11, 2014, but it could be amended upon mutual consent of both parties. Mayor Glickstein questioned a sentence in Section 8, "Termination of Severance Pay", regarding language in the agreement. Ms. Pyburn advised that the Charter controls the termination. Mayor Glickstein asked if this was the case with an Interim City Manager. Mrs. Petrolia asked about the term of the agreement, compensation and benefits Ms. Pyburn discussed the end of Mr. Chapman's suspension. She explained the compensation of Mr. Stewart. Mr. Jacquet asked about Section 5, "Temporary Housing Allowance". He advised that this language should be cleaned up on the cover memo. Ms. Jarjura moved to approve the Employment Agreement with the Interim City Manager, Terrance Stewart, seconded by Mrs. Petrolia. Upon roll call the Commission voted as follows: Mr.Jacquet—Yes; Ms.Jarjura—Yes; Mayor Glickstein —Yes; Mrs. Petrolia —Yes. Said motion passed with a 4 to 0 vote. 3. RENEWAL AGREEMENT/LAWN WIZARD USA, INC.: Approve renewal of Bid Award No. 2013-24 to Lawn Wizard, USA, Inc. in the amount of $63,449.00 for the I-95 Interchange Landscape Maintenance of Atlantic Avenue, Linton Boulevard, and S.W. 10d' Street Overpass. This recommendation is in compliance with Ordinance No. 29-13, Section 36.07(A)(3), "Termination, Extension and Renewal: City Commission Approved Contracts, Renewals". Funding is available from 119-4144-572-52.21 (Beautification Trust Fund: Operating Supplies/Chemicals). Mr. Jack Warner, Chief Financial Officer, presented this item. He explained that the contract would expire today (June 10, 2014). The vendor was notified and confirmed that the terms of the agreement would remain the same. Ms. Jarjura clarified with Mr. Warner that this was an extension granted under the terms of the current agreement,which was bid publicly and advertised. Mrs. Petrolia moved to approve the Renewal Agreement with Lawn Wizard, seconded by Ms. Jarjura. Upon roll call the Commission voted as follows: Ms.Jarjura—Yes; Mayor Glickstein — Yes; Mrs. Petrolia—Yes; Mr.Jacquet—Yes. Said motion passed with a 4 to 0 vote. 4. RENEWAL AGREEMENT/RUST WIZARD USA, INC.: Approve renewal of Bid Award No. 2013-36 to Rust Wizard USA, Inc. in an amount not to exceed $43,000.00 for anti-rust chemicals in the City's irrigation systems. This recommendation is in compliance with Ordinance No. 29-13, Section 36.07(A)(3), "Termination, Extension and Renewal: City Commission Approved Contracts, Renewals". Funding is available from 119-4144-572-52.21 (Beautification Trust Fund: Operating Supplies/Chemicals). Mr. Jack Warner, Chief Financial Officer, presented this item. He explained that the contract would expire today (June 10, 2014). The vendor was notified and confirmed that the terms of the agreement would remain the same. 2 June 10,2014 Mrs. Petrolia moved to approve the Renewal Agreement with Lawn Wizard, seconded by Ms. Jarjura. Upon roll call the Commission voted as follows: Mayor Glickstein —Yes; Mrs. Petrolia —Yes;Mr.Jacquet—Yes;Ms.Jarjura—Yes. Said motion passed with a 4 to 0 vote. WORKSHOP MEETING AGENDA 1. Public Comments a. Stephen Blum: Discussed the lack of accountability and direction among staff and the and how it has left a stain on the current Commission. Discussed the rush to get a City Attorney appointed. 2. Update on Land Development Regulations (LDR) Revisions-Treasure Coast Regional Planning Council (TCRPQ Mr. Mark McDonnell, Interim Director of Planning & Zoning, introduced Anthea Gianniotes. He also noted that Diane Colonna, Director of the Community Redevelopment Agency (CRA), Dana Little, Director of Planning and Zoning, Jeff Costello, Assistant Director of Community Redevelopment Agency and Amy Alvarez, Historic Preservation Planner were present. Ms. Anthea Gianniotes, Urban Designer Director with Treasure Coast Regional Planning Council TCRPC presented a PowerPoint to the Commission. She did an overview of the existing Land Development Regulations (LDR) as they pertained to the Central Business District (CBD). She compared the existing LDRs with the proposed changes for multiple key areas including: (1) Primary/Secondary Street Network, (2) Building Height, (3) Building Setbacks and Stepups, (4) Open Space, (5) Parking (car and bike), (6) Street and Block Network and (7) Height& Density Increases. Ms. Gianniotes discussed the proposed Height and Density Bonus Program. She talked about some of the City-wide suggestions that were brought up like the sidewalk cafe rules. It was also recommended that an advisory board be formed comprised of representatives from West Atlantic Redevelopment Agency (WARC), Downtown Development Agency (DDA), CRA and the Pineapple Grove Mainstreet. Ms. Gianniotes explained the next steps of the process. Ms. Jarjura applauded TCRPC on their work with the revisions. She asked about required retail uses. Ms. Gianniotes discussed the required retail uses and explained the difference in the various areas. Ms.Jarjura asked about obstructions in sidewalk areas with landscaping and trees and the performance standards of the program. Ms. Jarjura talked about certain areas of the LDRs that required additional criteria such as shared parking. She asked about the bonus incentive program and how it would and should be determined. She stated she would like to see more sustainable development and also not have the LDRs so subjective. Mrs. Petrolia asked about the height in stories versus the height in height. She discussed parking and if the plan would leave less parking. She discussed the various areas downtown that the City would benefit from the open civic area where many of the residents congregate like the Old School Square Park. 3 June 10,2014 Mr. Jacquet commented on the proposed open civic area but advised that he would present more questions in a future meeting. Mayor Glickstein commented on the presentation. He discussed the use of dimensional height; he supported use of stories in a building instead. Mayor Glickstein talked about several of the proposed changes. He discussed a possible policy change for rear end setbacks. Discussion ensued regarding the architectural makeup of the buildings. Mayor Glickstein talked about the number of waivers and conditional use requests regarding workforce housing and pocket parks. He spoke about the approval process and past challenges of the advisory boards with the process. He commented on the performance standards and importance of clarity and conciseness. Mrs. Petrolia asked if there was going to be town hall meeting for the public or would there only be public comments allowed at future meetings. Ms. Gianniotes advised of the timeline and the process before the LDRs would be adopted. She talked about the pocket parks. Mr. Jacquet asked if the language was provided to other advisory boards prior to them presenting their proposed plan to the Commission. Mayor Glickstein talked about the different methods of communication that the proposed LDRs could be posted for the public. More Commission discussion ensued regarding the approval process. Ms. Jarjura reiterated the importance of having particular expertise on each of the boards. Mayor Glickstein adjourned the Workshop Meeting at 8:54 p.m. Acting City Clerk ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Workshop Meeting of the City Commission held on Tuesday, June 10, 2014, which Minutes were formally approved and adopted by the City Commission on December 2, 2014. 4 June 10,2014 Acting City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval, which may involve amendments, additions or deletions to the Minutes as set forth above. 5 June 10,2014 JUNE 17, 2014 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Cary Glickstein in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, June 17, 2014. 1. Roll call showed: Present - Vice Mayor Shelly Petrolia Commissioner Alson Jacquet Commissioner Adam Frankel Deputy Vice Mayor Jordana Jarjura Mayor Cary Glickstein Absent- None Also present were - Terry Stewart, Interim City Manager Terrill Pyburn, Interim City Attorney Chevelle D. Nubin, City Clerk 2. The opening prayer was delivered by Chaplain Howard Meridy. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. APPROVAL OF MINUTES: None. 5. PRESENTATIONS: None. At this point, the Commission moved to Comments and Inquiries on Agenda and Non-Agenda Items from the City Manager and the Public Immediately Following Presentations. 6.A. City Manager's response to prior public comments and inquiries. With regard to previous comments expressed by K.C. Taylor from Palm City, Florida, Interim City Manager Terry Stewart read a brief statement into the record with regard to All Aboard Florida (AAF) Project and encouraged everyone to visit their websites to obtain information. Mr. Stewart stated All Aboard Florida completed diagnostic reviews of each crossing in Delray Beach this past winter. He stated staff met with AAF to discuss pedestrian access at each crossing and plans for a section through Delray Beach are approximately 90% complete at this time. Mr. Stewart stated AAF will 06/17/14 be meeting with staff to review City requested sidewalk crossings and associated costs which will be a cost to the City sometime in late June. Mr. Stewart stated service is anticipated to begin in 2016. Secondly, with regard to a previous concern expressed by Melanie Langford of Seasage Drive regarding a problem with a drainage pipe that collapsed between her home and the neighbor's home, Mr. Stewart stated she attempted several times to get it resolved; City staff filled in the hole on several occasions but that has not solved the problem. Mr. Stewart stated the Environmental Services Department has solicited quotes for this work from four (4) vendors; two (2) of the vendors responded and staff anticipates bringing this item before Commission for approval on the July 15, 2014 City Commission Agenda. Mr. Stewart stated there is a similar situation on Evergreen Drive that will be taken care of simultaneously. With regard to Mayor Glickstein's suggestion requesting staff to look into incorporating Veteran's Day as a paid holiday to the City of Delray Beach going forward. Mr. Stewart stated Veteran's Day and Memorial Day are two very distinct holidays honoring two very distinct groups of people. Mr. Stewart stated human resources conducted a survey on paid holidays for surrounding communities and the City of Delray Beach is the only agency from the survey that is open for business on Veteran's Day. Mr. Stewart stated currently employees receive 10 paid holidays and 1 personal holiday. If Veteran's Day is approved by the City Commission, staff is requesting clarification as to whether or not this will be an additional paid holiday for City of Delray Beach employees. With respect to e-cigarettes, Mr. Stewart stated the City Attorney's office will be bringing an ordinance with before the City Commission in August or September. Mr. Stewart stated Mayor Glickstein had previously suggested that the City have a policy for food trucks where the Salt Water Brewery is located and what the City is going to do or not do. Mr. Stewart stated Mrs. Butler's staff has formed an internal staff committee to discuss and research how other cities are handling this issue and staff will have a recommendation for the City Commission's review in approximately two (2)weeks. Mr. Stewart stated there was a previous concern expressed by Mayor Glickstein with regard to Auburn Trace and looking for some possible alternatives for the City. Mr. Stewart stated this information has already been provided to the City Commission by Jack Warner, Chief Financial Officer(CFO). At this point, Mr. Stewart addressed the following concerns of the City Commission from the June 10, 2014 City Commission Special Workshop meeting: With regard to comments expressed by Deputy Vice Mayor Jarjura and Mayor Glickstein raised similar issues, Mr. Stewart stated they both suggested that a meeting to set Goals and Objectives Workshop as soon as possible. Mr. Stewart stated 2 06/17/14 staff will bring the Goals and Objectives item forward at a meeting in July and will make a recommendation to the City Commission on how to proceed. Vice Mayor Petrolia inquired about zoning entitlements where a project has previously been approved but not built, Mr. Stewart stated it should be able to retain those zoning entitlements. Mr. Stewart stated Land Development Regulation text amendments and Comp Plan text amendments are processed in getting final approval. He stated the only way that you can revert back to what previously existed is to go through the same process again. Mr. Stewart stated Commissioner Jacquet spoke about informing the public that school is now out and drivers should be careful. Mr. Stewart stated the Public Information Relations Coordinator will issue a Press Release regarding this matter. 6.B. From the Public. 6.B.1. Kevin Warner, 248 Venetian Drive, Delray Beach, FL 33483, briefly discussed was for the City to raise money. Mr. Warner suggested that the City raise the rates on the beach, extend the hours for the parking meters on A-1-A beyond 5:00 p.m. or 6:00 p.m. and states people will still come. Mr. Warner stated approximately one year ago he conducted his own survey between 6:00 p.m. and midnight and asked people how they felt about putting the parking meters at night on the beach. He stated the feedback he received from some people was that they are coming to the downtown to spend money in the restaurants, etc. and did not care if they would have to spend an additional $5.00 or $6.00 dollars in the parking meters; and someone indicated that they do not come Delray because the free parking. Secondly, Mr. Warner suggested that the City issue beach passes free to residents and anyone who is not a resident would have to pay a fee. 6.B.2. Steve Blum, 115 Venetian Drive, Delray Beach, FL 33843, stated at the last meeting he was harsh on the Commission about the way former City Manager Chapman's position was being handled. Mr. Blum stated this Commission can only make superlative decisions if it receives superlative information. He stated the presentation from Anthea Gianniotes, AICP, Urban Designer/Town Planner with the Treasure Coast Regional Planning Council did an outstanding job. Secondly, Mr. Blum stated Jack Warner, Chief Financial Officer, gave a thoroughly researched plan executed and articulate presentation to give the Commission direction on where we should head. Mr. Blum stated both Commissioner Jarjura and Mayor Glickstein gave researched plans researched executed and articulate comments on the direction of the City's LDRs. Mr. Blum stated he hopes that moving forward all individuals that are involved in the decision making process strive to reach the heights that these individuals have exemplified. 3 06/17/14 Mr. Blum stated Interim City Manager Terry Stewart spent five (5) minutes giving information to the Commission and in his opinion it was a million times better than he has heard in the last year. Mr. Blum stated the way this was handled was outstanding and it gave the Commission direction on what to do. Lastly, Mr. Blum stated with regard to his concern about the birds that might get onto the new beach pavilion, Mr. Barcinski called him to let Mr. Blum know what was being done. Mr. Blum stated the City has a wonderful array of examples. 6.B.3. Pauline Moody, 609 S.W. 8th Avenue, Delray Beach, FL 33444, welcomed Interim City Manager Mr. Terry Stewart. Secondly, Ms. Moody asked that a copy of the budget regarding cuts be made available to the public. 6.B.4. Alice Finst, 707 Place Tavant, Delray Beach, FL 33445, commented on Item 8.K., Temporary Staffing Agency Costs for FY 2014; multiple vendors. Mrs. Finst stated staff is leaving for multiple reasons; however, no one leaves without notice. She stated management should know that before someone leaves that a new permanent replacement needs to come on staff and be trained to fill the spot by the employees leaving. Mrs. Finst stated they get somewhat trained by another member of staff who then loses time from their own position. Mrs. Finst suggested that the Commission evaluate how the City is replacing its staff and work with a replacement plan that is in the best interest of the staff and the taxpayers. 6.B.5. Laike Mohammed, 3420 South Ocean Boulevard, Highland Beach, FL 33487 (owner of First Equity Properties two lots 1107 & 1109 N.E. 2nd Avenue), stated the two lots were replatted and permits were obtained for the building of two single family homes. Mr. Mohammed stated during the replat and the plan review stage detail land surveys showed all the existing electrical utility poles and services. Mr. Mohammed stated they started work on Lot 2 (1107 N.E. 2nd Avenue) and a dangerous incident occurred; however, the worker was safe and avoided electrocution. Mr. Mohammed stated FP&L repaired the lines and sent his company a notice to stop work as the building was within the 10 foot required distance from the power line. Mr. Mohammed stated they immediately stopped work and consulted with Mr. Steve Tobias of Planning and Zoning who was unaware of this regulation but later met with FP&L and made himself aware of this requirement. Mr. Mohammed stated a further meeting was held with Mr. Tobias and Mr. Krej carek who accepted that there was a disconnect between FP&L and themselves. However, Mr. Mohammed stated FPL was governed by OSHA (Office of Safety and Health Administration) regulations while the City was not and they would not take any responsibility. Mr. Mohammed stated FP&L was initially not willing to take these cables underground in an easement provided to them due to interference from other cables in the ground. Mr. Mohammed stated FP&L wanted them to demolish whatever they had built and start again keeping a 10 foot clearance. Mr. Mohammed stated FP&L finally agreed to place the cables underground at a cost of approximately $16,000 with a waiting time of 3-4 months. Mr. Mohammed stated he feels it is the duty of the City of 4 06/17/14 Delray Beach to safeguard the health and safety of the public and workers involved in building these projects and take into consideration any from service providers and OSSHA. Mr. Mohammed stated he presented this matter to City Manager Louie Chapman a few months ago but to date nothing has happened. Mr. Mohammed requested that the City give him a credit of $6,000 to be paid towards the impact fees for the property at 1109 N.E. 2nd Avenue and a refund of$15,000 already paid on the property at 1107 N.E. 2nd Avenue to lessen the burden on them and for the City to put measures in place to help avoid something like this from happening in the future. 6.B.6. Joseph Arena, 2507 Par Circle, Delray Beach, FL 33445, supports the City studying the possibility of having food trucks at brewery tap rooms including the Salt Water Brewery. 6.B.7. Bo Eaton, Partner at Salt Water Brewery, 1701 West Atlantic Avenue, Delray Beach, FL 33444, urged the City Commission to place the issue of food trucks on the next Agenda. 6.B.8. Kevin Osborn, 621 Allen Avenue, Delray Beach, FL 33483, commended the Commission for working on the LDRs. Mr. Osborn stated according to Interim City Attorney Pyburn and Mr. McDonnell stated the Commission must discuss the Comp Plan before the LDR; however, the parties and developers do not have a chance to speak on the Comp Plan so the Commission is not able to hear final statements from both parties prior to making a decision on the Comp Plan since the LDR follows the Comp Plan. Mr. Osborn asked the Commission that prior to the Comp Plan Amendment that they allow both parties to speak for ten (10) minutes then as opposed to later so the Commission can hear all the discussion points that are relevant for the Comp Plan and LDRs. 6.8.9. Don Anthony, 1431 North Federal Highway, Delray Beach, FL (Communications Director for the Animal Rights Foundation of Florida), stated he supports the ordinance banning the sale of commercially bred dogs and cats in pet stores. Mr. Anthony stated all pet shops get their animals from commercial bidding facilities known as puppy mills. He stated female dogs live their entire lives packed in crowded cages, carry diseases, are neglected, and are continuously bred over and over. Mr. Anthony stated the dogs are commodities and exist solely as meat producing machines until their spent and no longer profitable and then they are killed. He stated the ordinance does not hurt small business but only stops commercially bred animals from being sold in stores because that is where the problem is. Mr. Anthony urged the City Commission to pass the puppy mill ordinance to protect the residents, consumers, taxpayers, and animals. 6.8.10. Michael Aberle, 112 West Coda Circle, Delray Beach, FL 33444, read a brief statement into the record and stated in his opinion taking puppies out of pet inventory will not have a negative impact. 6.B.11. Dr. Carol Chapman, Best Friends Veterinarian Hospital in Lake Worth, Veterinarian for 28 years and practicing 18 years in Palm Beach County, 5 06/17/14 stated there is an overpopulation problem of pets in the United States and the dogs she sees have very poor genetics. In her opinion, Dr. Chapman stated it is better if the pet shops adopt out rescue dogs from the pound. Dr. Chapman stated that way the people who are buying these animals at the pet shops instead will be filled with love from the Animal Rescue League so they can get homes. She stated if the pet shops have these other puppies they do not have any more homes for the ones that do not have homes. 6.B.12. Samantha Jardine, 10330 North Military Trail, #8A, Palm Beach Gardens, FL 33410, stated soon after she purchased a puppy from Waggs to Riches last year and the puppy immediately started showing signs of distress with her last bout of illness as recent as two weeks ago. Ms. Jardine distributed a copy of a letter to the Commission from her Veterinarian about the puppy's health condition. Ms. Jardine stated the store owner did not post her puppy's origin which is in direct violation of Palm Beach County's ordinance; however, she did not notice at the time of purchase. Ms. Jardine stated her vet bills totaled over $4,000. She urged the Commission to protect others from having the financial and emotional hardships that she has had after she purchased her dog. Ms. Jardine urged the Commission to move forward with the ban of retail sales of commercially bred dogs and cats. 6.B.13. Dr. Stacy Nelson, licensed Psychotherapist in Boca Raton and Delray Beach, Motivational Trainer for the County Facility Advisor for approximately 20 universities, stated she has had direct experience listening to pet owners who have purchased dogs from pet stores and the medical bills that the owners have developed from caring for these animals. Dr. Nelson stated she has organic pet company and her products are sold at Whole Food Markets and has been a vendor at the Delray Green Market for six (6) years. She stated her products are geared for pets that have sensitivity to foods and common allergies. At this point, the Interim City Attorney stated those people who are speaking about the puppy mill ordinance are speaking about the ordinance and not any specific business. 6.B.14. Faye Benedetti, 14844 Strand Lane, Delray Beach, FL 33446, stated she has dealt with animal rescue services over the years and has had many dogs and has had health issues with every single one of the dogs she adopted. Ms. Benedetti stated the issue is not any one particular store and feels this country needs to stop importing strays from other countries, other states so rescue groups can sell them and make a profit for non-profit organizations. Ms. Benedetti urged the Commission to stop puppy mill breeders at the source so the problem is attacked head-on. She feels that something can be worked out on both ends to make animal rights and store owners work together to do something good and give people the opportunity to buy or adopt. 6.B.15. Sandra Dezelan, 1018 Bauhinia Road, Delray Beach, FL 33483, read a brief statement into the record and stated since 2003 she has been running an animal rescue (private non-profit). Ms. Dezelan stated she and her husband (Veterinarian) have taken in over 4,000 homeless animals. She stated she supports the proposed ordinance. 6 06/17/14 6.B.16. Michele Lazaro, Hallandale Beach City Commissioner, 2621 N.E. 10th Street, Hallandale Beach, FL 33009, stated to date Florida officials have passed this ordinance and out of 15 municipalities and counties 21 of them are in Florida. Ms. Lazara stated there are no other places for retail stores to buy their dogs but commercial breeding farms. She urged the Commission to move forward with this ordinance. 6.B.17. Genevieve Hillid2e, 5544 Fox Drive, Boca Raton, FL, read a letter into the record to Mayor Glickstein from the HSUS (Humane Society of the United States) Charity. Ms. Hillidge expressed concern that the Federal Government and Animal Welfare Act is outdated and obsolete and does not recognize the emotional needs of the animals. 6.B.18. Mitchell Katz, 4569 Danson Way, Delray Beach, FL 33445, briefly spoke about the Salt Water Brewery and feels food trucks should be allowed west of I-95. 6.B.19. Mitzi Kaitz, 110 N.E. 6th Street, Delray Beach, FL 33444, expressed concern that we would not want food where alcohol is served. Secondly, Ms. Kaitz stated prior to Commissioner Jarjura came she sent emails to the Commission regarding the garbage in Delray. Ms. Kaitz expressed concern over the litter between Swinton Avenue and 2nd Avenue. She asked if the City can coordinate with City workers times when the sidewalks can be cleaned of all visible litter. Ms. Kaitz stated the litter is an eyesore on 3rd Avenue in the Northeast area. Ms. Kaitz stated as the City negotiates new garbage pickups to see if the company that is chosen can remove recyclables as one bin instead of two. In addition, Ms. Kaitz asked that the City consider garbage companies who use trucks that do not emit black smoke as they move from one house to another. 6.B.20. Tom Whatley, stated he does not support puppy mills and does not believe anyone within the City of Delray Beach supports puppy mills either. However, he stated if there are puppy mills in the City of Delray Beach he feels the City needs to go after those people but not shut down any retail businesses because the City is suspicious of some retailers or because the authority of the HSUS. He urged the Commission to not pass this ordinance. 6.B.21. Dr. Victor Kirson, D.D.S., 2050 Alta Meadows Lane #2110, Delray Beach, FL 33444 (President of the Board of Directors of Tierra Verde at Delray Beach and Member of the Alliance), commented about a Sun-Sentinel newspaper article regarding the City retaining the Fire-Rescue Department. Dr. Kirson expressed concern over the City raises budgeted for the Fire-Rescue Department and stated unless there is a drastic change with Fire and Police the City will not have a Fire Department in three (3) years. 6.B.22. Dale Kolbrenner, 5465 Monterey #14, Delray Beach, FL 33484, stated she purchased a puppy in November 2013 and briefly spoke about the puppy's health. 7 06/17/14 Ms. Kolbrenner stated within a couple of days of taking the puppy to the Veterinarian it was discovered that the puppy had a heart murmur which was not disclosed to her when she initially purchased the puppy. 6.B.23. Jacob Walk, resident of Boca Raton, stated putting the retail owner out of business to stop the egregious practices of the few puppy mills is the wrong way to approach this. He suggested that the Commission look at this ordinance and does not feel the City is solving the problem by passing this ordinance. He urged the Commission to not approve the ordinance. 6.B.24. Jamie Wolf, 151 N.E. 5th Avenue, Delray Beach, FL 33483, stated every dog she has ever had has had a heart murmur and feels it is a common problem for dogs. She feels that people need to stop focusing on this and focus on the real problems in Delray. 6.B.25. Joan Carlson-Radabaugh, Community Initiatives Director Community Outreach for the American Society for the Prevention of Cruelty to Animals (ASPCA),read a brief statement into the record 6.B.26. Maria Sica, 759 N.W. 27th Avenue #A, Delray Beach, FL 33445, stated she does not see that a store should go out of business because it is not selling dogs from puppy mills; it has been other things that it sells. Ms. Sica stated puppy mills are a known fact that is the ones that are producing sick and disabled animals and suggested that the first step in the right direction is to stop people from buying them. 6.B.27. Arthur Gross, 32 S.E. 2nd Avenue, Delray Beach, FL 33444, commented that the Federal Legislation did nothing and stated in selling these rescue dogs people know that they are going to have problems; however, in this case, we do not know that there is a problem. Mr. Gross stated the City is not solving the problem by zooming in on the retail outlet and he feels this should be considered before making a decision. At this point, the time being 7:17 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 07-14 (SECOND READING/SECOND PUBLIC HEARING): Consider a privately-initiated amendment to the Future Land Use Element of the Comprehensive Plan, modifying the description of the General Commercial (GC) Future Land Use designation, and Policy A-7.2 of the Future Land Use Element, to allow an increase in density to a maximum of 24 units per acre, and establish a maximum Floor Area Ratio (FAR) of 0.75 for lands zoned General Commercial (GC) which are located within the Infill Workforce Housing Overlay District. The caption of Ordinance No. 07-14 is as follows: 8 06/17/14 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING A COMPREHENSIVE PLAN AMENDMENT, PURSUANT TO THE PROVISIONS OF THE "COMMUNITY PLANNING ACT", FLORIDA STATUTES SECTIONS 163.3161 THROUGH 163.3248, INCLUSIVE; ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED "DELRAY PRESERVE COMPREHENSIVE PLAN AMENDMENT", AND INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 07-14 is on file in the City Clerk's office.) The Interim City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mark McDonnell, AICP, Assistant Director of Planning and Zoning, distributed a transmittal from Jim Smith, President of S.A.F.E. to the City Commission that were provided to staff after the Agenda packets went out. Mr. McDonnell stated staff also received two (2) additional emails and were submitted around 6:00 p.m. Sunday evening and also did not go in the Commission Agenda packets. Mark McDonnell, AICP, Assistant Director of Planning and Zoning, entered the Planning and Zoning project file#2014-072. Mr. McDonnell stated this is an amendment to the Future Land Use Element of the Comprehensive Plan to modify the description of the General Commercial Future Land Use Designation Policy A-7.2 of the Future Land Use Element. He stated this will allow an increase in residential density from the currently allowed 18 units per acre up to 24 units per acre. Mr. McDonnell stated it also reduces the FAR (Floor Area Ratio) for non-residential development from the current 3.0 to 0.75. On April 16, 2014, the City Commission approved this ordinance on first reading. He stated there was a public hearing at first reading and all the details were explained at that time. Mayor Glickstein declared the public hearing open. Scott Backman, Dunay, Miskel, Backman, Blattner , LLP, 14 S.E. 4th Street, Suite #36, Boca Raton, FL 33432, (representing the Applicant), stated the developer has developed and managed over 5,000 units in South Florida development communities. Mr. Backman stated these are upscale luxury apartments and the average household income of their renters in South Florida is $102,000 a year; rents average about $2,000 per month. Mr. Backman stated there was discussion at prior meetings 9 06/17/14 about the transitional nature of this use; Kokomo Key development is to the south and some of the other communities further south are more single family in nature with Kokomo Key being a 12 unit per acre townhouse community. Furthermore, Mr. Backman briefly reviewed the site plan and stated the F.I.N.D. area is immediately to the east, the auto dealership to the north, and substantial retail commercial on the west side of Federal Highway. He stated there has been a fair amount of community outreach and explained that in their setbacks is twice the size so they have more substantial buffering and higher trees between the two communities. Mr. Backman stated they are providing 1, 2, 3 and 4-story homes. He stated there have been concerns expressed about the traffic as it relates to this matter. Mitzi Kaitz, 110 N.E. 6th Street, Delray Beach, FL 33444 (representing S.A.F.E, and its support for the development Delray Preserve), stated S.A.F.E. has reviewed and analyzed projective traffic and is convinced that there will be no traffic problems after this development. Ms. Kaitz stated Delray Preserve modified its planned egress to eliminate a potentially dangerous U-turn situation and a traffic signal is not warranted at this time. Kevin Osborn, 621 Allen Avenue, Delray Beach, FL 33483, stated in 2006 this property was originally 12 units per acre in 2006 before the City Commission approved it to go to 18 units per acre. Mr. Osborn stated now what is being presented is to go from 18 units per acre to 24 units per acre. Mr. Osborn stated the only factor that the City Commission can make their decision on this evening is compatibility, consistency and whether it is complementary. He stated the maximum density for the surrounding areas is 12 units per acre and the applicant is proposing 24 which doubles the size. Mr. Osborn stated what the Commission decides on this project will impact the North Federal Corridor going forward and if the Commission approves this every other lot will want 24 density units per acre apartments. Mr. Osborn urged the City Commission to not approve the density increase. McCall Credle-Rosenthal, 817 N. Lake Avenue, Delray Beach, FL (President of La Hacienda), stated this is a project that is going to be 207 rental units just north of George Bush Boulevard which she feels is not complementary to their neighborhoods of Old Palm Grove, the Estuary, La Hacienda, and Kokomo Key. Ms. Credle-Rosenthal stated she likes the quality of the work but she wishes that this project could be a townhome development rather than rentals where people do not have a vested interest in the properties. She stated if the developers would have the strategy of going into a project and doing a feasibility study and knowing what they can do rather than come in and ask for more they would possibly realize the economic deterrent of what they are doing. Bob Ganger, 1443 North Ocean Boulevard, Gulf Stream, FL 33483 (Vice Mayor of Gulf Stream), stated Gulf Stream is just behind this project and it will have some impact on people who live at the south end of Gulf Stream. Mr. Ganger stated in this case going up to a density of 24 units per acre may be warranted by unique circumstances because right behind this property is the F.I.N.D. property where all the spillage from the dredging of the canal is dumped and after the dumping there are lots of 10 06/17/14 bugs, birds, and rats that enjoy eating what is in that pile. Mr. Ganger stated this is not an easy project to develop and he feels the developer is putting together a very high quality development in what could be every ten (10) years when they do the dumping somewhat suspect property. Mr. Ganger stated this is a pretty creative project and in that respect it will probably serve the community well over a long period of time. Cynthia Taylor, 611 Allen Avenue, Delray Beach, FL 33483, expressed concern over the proposed project with the traffic congestion and the traffic study being done in 2006. Ms. Taylor stated there has been a Walmart and small businesses that have arisen since the traffic study and she has the difference coming out of Allen Avenue (dead-end street) their only access to Federal Highway. She stated with 50 additional units it will increase noise, solid waste and resident turnover because it is a proposed rental community. Ms. Taylor stated she owns a small bungalow home for 15 years and expressed concern over what the proposed development could potentially do to property values. Ms. Taylor stated she is very proud to live in this town and from the north-end there is no distinguishing marker. Dr. Victor Kirson, D.D.S., 2050 Alta Meadows Lane #2110, Delray Beach, FL 33444 (President of the Board of Directors of Tierra Verde at Delray Beach and Member of the Alliance), urged the City Commission to not approve the variance and stop the extra development. Dr. Kirson stated there is no need for over 200 rental units. There being no one from the public who wished to address the Commission regarding Ordinance No. 07-14, the public hearing was closed. Mr. Frankel asked why staff recommends approval. Mr. McDonnell stated if staff does not have a reason to object and it meets the standards of the LDRs, staff generally recommends approval. Mr. Frankel stated 18 units are allowed and the applicant is requesting 24 units per acre and asked if there is a compromise between 18- 24 (i.e. 21). Deputy Vice Mayor Jarjura stated she understands the Commission has to vote on the Comprehensive Plan in order to vote on Item 10.13. and asked if there is any way the Commission can have a presentation on both and then take the vote on each item. The Interim City Attorney stated that is unusual that deviates from case law and statute. Deputy Vice Mayor Jarjura asked if since this item originally came before her at the Planning and Zoning Board and then came two other times before the City Commission if there have been any changes to the project other than the density. Scott Backman, representing the Applicant, briefly discussed the changes to the project. Mr. Backman stated in order to provide luxury rental housing it requires a baseline number of units. He stated typically communities such as these are around 300- 350 units. Deputy Vice Mayor Jarjura stated S.A.F.E. spoke about the commitments that the applicant had negotiated with them and asked if those 13 items are something 11 06/17/14 they have agreed to. She stated item #8 is a contribution to an escrow account which is earmarked for construction of sidewalks and bicycle lanes which is beyond the property lines. Mr. Backman confirmed that this is correct. Vice Mayor Petrolia stated if there is a property that was originally allowed at 12 units per acre why would the applicant come in with the idea that they need 24 units per acre in order to make it profitable. She asked for clarification on this. Mr. Backman stated this is an upscale luxury rental with very high average household income. Vice Mayor Petrolia and Mr. Backman briefly discussed the access of the project and with regard to the access for the F.I.N.D. property, she inquired about the curve there from where the entrance and exit is. Vice Mayor Petrolia stated if this is going to be closing off and making it separate will it just go down one side of that property. Mr. Backman stated they are still working out the details of it and in terms of access and turning movements, their engineers have confirmed that their trucks will be able to work their way through the site. Mr. Backman stated they are going to be donating $150,000.00 towards the purchase of an additional trolley and contributing annually to some operating expenses as well. Mayor Glickstein stated his request for a more desirable lower density was not just an arbitrary number he was hoping that if the number was dropped the number 2 or 3 units per acre, we would be better able to transition from Kokomo Key which is two- story to a three-story product. In addition, Mayor Glickstein stated it might enable some site plan flexibility to turn those buildings in the same orientation as Kokomo Key which is a north/south orientation as opposed to perpendicular. Mayor Glickstein stated it is much more visibly intrusive to the neighboring community than had been if you were able to lower the number and re-orient those buildings (i.e. 3-story or in a north/south direction). In his opinion, Mayor Glickstein stated the S.A.F.E. contributions are interesting but not dispositive. He stated it is not just the trolley but the maintenance and operations of the trolley. Mayor Glickstein stated this Commission is not thrilled with the trolley system that we currently have in a very compact and populated area. He commends the members of S.A.F.E. for taking the initiative in this area and the people that are physically impacted by the project do not view that as meaningful. Mayor Glickstein stated while it is factually true that owners have a more vested interest than renters would suggest that a project close to this size if it were a condominium might be more difficult to control some of the nuisance type things; a condominium association that is constrained on how they can act, more so than an institutional landlord that has very much a vested interest in making sure that the expectations of the residents of that community are met. He stated the City has to look at alternative forms of housing to deal with demographic demands that are coming. Mayor Glickstein stated he would like to see this area redeveloped, but he is not comfortable with the density of 24 acres per unit. Mayor Glickstein stated one of the examples cited was a rental project that was equal distance from Atlantic Avenue to the south as this project is to the north that was able to make the numbers work on a lesser density and they have very similar traffic issues as this project did. 12 06/17/14 Vice Mayor Petrolia concurs with comments expressed by Mayor Glickstein that they should be able to do this with less density. Mr. Frankel moved to approve Ordinance No. 7-14 on Second and Final Reading to allow an increase in density to a maximum of 21 units per acre, seconded by Mr. Jacquet. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Deputy Vice Mayor Jarjura — No; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Mr. Jacquet — Yes. Said motion passed with a 4 to 1 vote, Deputy Vice Mayor Jarjura dissenting. 10.B. ORDINANCE NO. 08-14 (SECOND READING/SECOND PUBLIC HEARING): Consider privately-initiated amendments to the Land Development Regulations (LDR) Sections 4.4.9, "General Commercial", Subsection 4.4.9 (C), "Conditional Uses", to allow a density up to a maximum of twenty-four (24) units per acre within the Infill Workforce Housing Area; creating Subsection 4.4.9(G)(5), "Infill Workforce Housing Overlay District" to establish a maximum Floor Area Ratio (FAR) of 0.75; amending Article 4.7, "Family/Workforce Housing", Section 4.7.1, "Definitions", Subsection 4.7.1.1, "Infill Workforce Housing Area" and Section 4.7.4(g), to specify the maximum allowable density of 24 units per acre within the General Commercial zoning district. (Quasi-Judicial Hearing) The caption of Ordinance No. 08-14 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS, BY AMENDING SECTION 4.4.9, "GENERAL COMMERCIAL (GC) DISTRICT", SUBSECTION (D), "CONDITIONAL USES AND STRUCTURES ALLOWED", TO INCREASE DENSITY IN THE INFILL WORKFORCE HOUSING AREA TO A MAXIMUM OF 24 UNITS PER ACRE; AMENDING SUBSECTION (G), "SUPPLEMENTAL DISTRICT REGULATIONS", TO ADD "INFILL WORKFORCE HOUSING OVERLAY DISTRICT", TO PROVIDE AN FAR OF 0.75; AMENDING ARTICLE 4.7, "FAMILY WORKFORCE HOUSING", SUBSECTION 4.7.1, "DEFINITIONS", SUBSECTION (1), "INFILL WORKFORCE HOUSING AREA" TO AMEND MAPS TO INCREASE THE DENSITY IN THE GENERAL COMMERCIAL (GC) ZONING DISTRICT; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 08-14 is on file in the City Clerk's office.) 13 06/17/14 A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The Interim City Attorney stated in light of the change to the density units per acre from the original request of 24 units to 21 units, the text amendment would need to comport with the recent change to the Comprehensive Plan. The Interim City Attorney requested whether or not the applicant would like staff to proceed in light of the motion for Ordinance No. 7-14. The applicant asked if they cannot move forward on this item this evening and potentially bring it back in two (2) weeks. With regard to the text amendment at this point, they could postpone that and decide whether or not they would like to go forward with it. The Interim City Attorney stated the Comprehensive Plan Amendment would stand regardless of this project or some other project that approval moves forward at 21 units per acre. Brief discussion by the Interim City Attorney and the City Commission followed. The Interim City Attorney stated the Commission can either proceed with the text amendment based on the recent change to the Comprehensive Plan at 21 units per acre or postpone it in which case the Commission would still have to address the text amendment because of the fact that they recently changed the Comprehensive Plan requirements; however, it may be that the parties are not the same. Mr. Frankel moved to reconsider Item 10.A., Ordinance No. 07-14, seconded by Deputy Vice Mayor Jarjura. Upon roll call the Commission voted as follows: Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Mr. Jacquet— Yes; Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote. The Interim City Attorney stated the item will be voted on at the next meeting, but for purposes of the public staff will state that this item has been deferred to the July 1, 2014 regular meeting. Mr. Frankel moved to defer Item 10.B., Ordinance No. 08-14 to the July 1, 2014 regular City Commission meeting, seconded by Vice Mayor Petrolia. Upon roll call the Commission voted as follows: Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Deputy Vice Mayor Jarjura — Yes. Said motion passed with a 5 to 0 vote. 10.C. ORDINANCE NO. 09-14 (FIRST READING/FIRST PUBLIC HEARING): Consider a privately-initiated amendment to the Land Development Regulations (LDR) to Section 4.4.24(B)(C)(F) "Old School Square Historic Arts District: Principal Uses and Structures, Accessory Uses and Structures Permitted, Development Standards", to include Lots 16-18, Block 69, Lots 11-12, the North half of Lot 13, and Lots 23-25 Block 70, Town of Delray, to the list of lots within the Old School Square 14 06/17/14 Historic Arts District (OSSHAD) zoning district that can be developed pursuant to the development standards and uses of the CBD (Central Business District) zoning district. If passed, a public hearing will be held on July 1, 2014. (Quasi-Judicial Hearing) The caption of Ordinance No. 09-14 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD)", SUBSECTION 4.4.24(B), "PRINCIPAL USES AND STRUCTURES" TO INCLUDE ADDITIONAL PROPERTIES THAT ARE ALLOWED THE PERMITTED USES OF THE CBD ZONING DISTRICT; AMENDING SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD)", SUBSECTION 4.4.24(C), "ACCESSORY USES AND STRUCTURES PERMITTED" TO INCLUDE ADDITIONAL PROPERTIES THAT ARE ALLOWED THE ACCESSORY USES OF THE CBD ZONING DISTRICT; AMENDING SUBSECTION 4.4.24(F), "DEVELOPMENT STANDARDS", TO INCLUDE ADDITIONAL PROPERTIES IN THE OSSHAD DISTRICT THAT ARE SUBJECT TO THE STANDARDS OF THE CBD ZONING DISTRICT; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 09-14 is on file in the City Clerk's office.) The Interim City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Glickstein read the City of Delray Beach Quasi-Judicial rules into the record for this item and all subsequent Quasi-Judicial items. Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mr. Frankel stated he met with Mr. Michael, Mr. Knight, and there were numerous emails on the City's server. Deputy Vice Mayor Jarjura stated she heard this item while serving on the Planning and Zoning Board (February or March 2014). In 15 06/17/14 addition, Deputy Vice Mayor Jarjura stated she has received numerous emails from residents on either side since that time, she met with the developer on the day she had the Planning and Zoning Board meeting and subsequent to that one other time. Mayor Glickstein stated he has received emails which are on the City's server; no meeting or communications; Mayor Glickstein stated he received a telephone call from someone associated with the applicant today regarding certain staff conduct which will be discussed at a later date. Vice Mayor Petrolia stated she met with Hudson Holdings and has emails as well. Mr. Jacquet stated he spoke with the applicant's team (includes the architect and the developer). Mark McDonnell, AICP, Assistant Director of Planning and Zoning, entered the Planning and Zoning Department project file #2014-165 into the record. Mr. McDonnell introduced Amy Alvarez, Historic Preservation Planner and the new Planning and Zoning Director Dana Little. Mr. McDonnell stated the proposal is to extend the CBD (Central Business District) Overlay currently zoned OSSHAD properties in the south section of the OSSHAD zoning district. Mr. McDonnell stated this will allow principal uses and accessory uses that are currently allowed in the CBD to also be allowed in this Overlay District; the conditional uses in the CBD are not allowed. The maximum residential intensity development that is currently allowed in the OSSHAD is only a duplex whereas the CBD Overlay is included within multi-family residential development. Mr. McDonnell stated the CBD allows 30 dwelling units per acre; the density would increase by nearly five (5) times what is presently permitted if the Overlay is extended, which is 12 units if one duplex were constructed on each of the subject properties (56 units versus 12 units). Mr. McDonnell stated the height is currently 35 feet and the amendment would allow up to 48 feet. He stated there are significant setbacks in the OSSHAD (front and rear setbacks); in the CBD you can build out almost to the property line so you would end up with substantial increase and allowable building height as well as the scale and mass. Staff s opinion is that it is greatly impacting the historic district. Mr. McDonnell stated in 2000 the CBD Overlay was extended north of the east/west alley which involved three (3) properties and they have since been developed with a surface parking lot; the Federspiel City Parking Garage as well as the Royal Atlantic a mixed use development. Mr. McDonnell stated at that hearing it was on the record that the action was to not be precedent setting and the primary purpose was that it be a garage. He stated this amendment would not promote complimentary development in the historic district. The Comp Plan requires the preservation of historic resources through the redevelopment of land and buildings. Mr. McDonnell stated the OSSHAD is low intensity mixed use district that allows for single family residential, professional offices, and boutiques. Mr. McDonnell stated the amendment is consistent with and furthers the goals, objectives, and policies of the Comprehensive Plan cannot be made. Therefore, Mr. McDonnell stated staff does not support this amendment. The Community Redevelopment Agency (CRA) supported it with a 3 to 2 vote; the Historic Preservation Board (HPB) supported it on a 4 to 1 vote; the Planning and Zoning Board made a recommendation for approval but it failed on a 2 to 3 vote. 16 06/17/14 Rick Gonzales, President of REG Architects, President of the Florida Trust for Historic Preservation, Vice Chairman for the Florida Historical Commission, Architect for the Florida National Register and he sits on two boards for the University of Florida, stated he advocates for historic districts and noted the north side of Atlantic Avenue is very healthy and thriving but the south side has declined because of neglect and hopes the city will consider to encourage the south side to become more like the north side. Mr. Gonzales stated this week the City and the Marina District became a National Register District and for receiving the Nolen Award. He congratulated the City for these accomplishments. Mr. Gonzales stated prior approvals (i.e. the garage) should not be an issue in terms of looking at this facility to the south. Mr. Gonzales stated when the OSSHAD was installed in 1990 with the CBD it made sense because the idea was to make Atlantic Avenue continuous CBD all the way through. He stated most of the houses are either one-story with a few two-story; in the City's Code with regard to the OSSHAD it states 35 feet is the maximum height (three- story building) and noted there are no three-story buildings in this historic district. Mr. Gonzales stated the applicant is asking for four-stories and there are five-stories on the other side of the street. Mr. Gonzales stated this will accelerate the decline of the historic district and will eventually be replaced with redevelopment that may or may not be compatible with what is left of the historic district. John Szerdi, Architect for the Applicant as well as an Architect that has been involved with this property for over 15 years with Mr. Worrell from a past approval of a plan for this proiect in 2007, 217 S. Palmway, Lake Worth, FL 33460, stated Overlay Districts are planning tools that the City uses to tweak the land use plan to make the zoning relationships better as like the north end. Mr. Szerdi stated they are looking at this request for a hotel to use at the south end. He stated from the City's CBD Master Plan Central Core the purpose of boundaries is to define not to isolate. Mr. Szerdi stated according to the 2002 Downtown Delray Beach Master Plan "all zoning district boundaries should be along alleys." He stated the southeast part of OSSHAD is not stimulated with quality improvements and some of the properties have suffered haphazard additions over the years. Mr. Szerdi stated their plan going westward has approximately 40 units and back in 2007 there was 57 because they feel there is more need for retail and office at this time. Mr. Szerdi stated this project could be a bridge to the West Atlantic Avenue Corridor and it will also help create stimulation for the south side of OSSHAD. Wes Blackman, 241 Columbia Drive, Lake Worth, FL 33460 (Historic Preservation Planner for a practice in Lake Worth, 30 year degree related to historic preservation planning), stated this request is mirroring what is happening on the north end. Mr. Blackman stated the Historic Preservation Board recommended approval with a 4 to 1 vote at a quasi-judicial hearing on February 19, 2014 and the Board found that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in the Land Development Regulations. Mr. Blackman stated he received an email from this organization who claimed that this request would demolish or inappropriately remove 80% of the historic buildings in the Old School Square Historic District and he feels that is misleading. He stated the district extends over a large area north and south of Atlantic Avenue and 17 06/17/14 contains 139 structures; 80% 111 structures and this proposal includes less than five (5) structures. Mr. Blackman stated it also said that it would set a precedent to potentially destroy every historic district in Delray Beach and feels it is irresponsible. Mr. Blackman stated this information is what they gathered from the Delray Beach Preservation Trust's website and their advisory board is Amy Alvarez, Historic Preservation Planner for Delray Beach. Mayor Glickstein stated if anyone from the public would like to speak in favor or in opposition of Ordinance No. 09-14, to step forward at this time. John Miller 1502 Fenton Drive, Delray Beach, FL 33445, (currently on the Historic Preservation Board), stated he was the dissenting vote at that meeting a couple of months ago. Mr. Miller stated he is not against the redevelopment of this area; however, allowing CBD rules into this area without knowing what is going to go in sets a bad precedent for the rest of the area. Bill Branning, 9 N.E. 2"d Street, Delray Beach, FL 33444, stated this proposal creates a lot of opportunity for the downtown. He stated it was a mistake originally to have the CBD stop on the street frontage because if nothing is done the row of houses will be across the street from a 4-story building. In his opinion, Mr. Branning stated the Hyatt enhanced the property values and he supports the project. Carolyn Patton, 1020 Tamarind Road and also owns property at 73 Palm Square in the Marine Historic District (currently serves as President of the Marina Historic District Homeowners' Association and as a Board member of the Delray Beach Preservation Trust), stated between the eight(8) houses between Atlantic Avenue and the Sunday House they want to move or demolish 87.5% of those buildings. Mrs. Patton stated in the parcel in front of the Commission this evening they want to move 100% of the contributing buildings out of that parcel. She stated this does not meet the City's LDR's, the City's Comprehensive Plan, and Compatibility in the historic district. Mrs. Patton entered into the record the Secretary of Interior Standards for Rehabilitation and noted there are three (3) articles that disapprove of moving historic buildings on site or off site. Mrs. Patton stated she believes there is substantial competent evidence to deny this request. She commented that this sets a drastic precedent for all of the historic districts in Delray Beach in the past 15 years regarding preservation and residents have brought 3 additional historic districts to the City Commission for approval. All were voted down by the City Commission and they commented that they would protect the five (5) historic districts. Mrs. Patton urged the City Commission to protect the historic districts. John Putnam, 1315 Sabal Lakes Road, Delray Beach, FL 33445 (Senior Warden of St. Paul's Episcopal Church), stated St. Paul's Episcopal Church was the first church in Delray Beach built in 1904 and has been an anchor to this neighborhood for more than 100 years. Mr. Putnam stated they once owned the property that is now the site of the Dunkin Conference Center on Military Trail and had the opportunity twenty (20) years ago to move the church there but they chose not to. He stated the church has provided a lot of support to the neighborhood with a pre-school that 18 06/17/14 is 50 years old, Paul's Place which is a tutoring program for community kids and a number of kids have graduated from college that have gone through this program. Mr. Putnam stated they provide assistance to the Haitian community and school in Haiti with teachers, nurses, meals, and medical assistance. Mr. Putnam stated they do not want to be excluded from the decision of this and noted that the church maintains its position and supports the neighborhood. Alicia Burncran, representing her boss who is the property owner at 123 South Swinton Avenue, Delray Beach who could not be present this evening (small marketing firm representing the Aerospace Industry), expressed concern over her safety and stated while she walks down the street she has to have her colleague assist her because remarks are being made to her from individuals from the rehabs that make her feel very uncomfortable. She supports a change for the entire area of Swinton Avenue. Donna Sloan, 106 S.E. 7th Avenue, Delray Beach, FL 33483 (Board member of the Delray Beach Preservation Trust), opposes expanding CBD zoning designation into the Old School Square Historic District or any other historic district. Ms. Sloan stated the five (5) historic districts and their structures are critical components of the city's history and legacy, their existing plans, urban layout, and historic fabric are part in parcel of the downtown and its success especially OSSHAD. She stated she is not opposed to development in the downtown; however, she feels in any development project that the onus is on the developer to make his project work within the existing LDRs. Ms. Sloan stated there is plenty of property in the downtown that is outside of the five (5) districts where LDR changes regarding height, density, and zoning would be more palatable. Jean Duponte, 24 Marine Way, Delray Beach, FL 33483, stated it is vital for Delray Beach to maintain the integrity of the districts. Ms. Duponte urged the Commission to not approve the LDR amendment expanding the CBD Overlay into the OSSHAD zoning district and it could potentially have a negative effect on every district. She stated the proposal does not meet the goals of the Comprehensive Plan regarding the historic districts and it does not enhance existing quality of life. Ms. Duponte stated to protect the historic districts we need to adhere to the LDRs and the City's historic preservation ordinance. Linda Oxford, 148 Coconut Road, Delray Beach, FL 33444 (resident for 66 years), commented about regulations in place when the LDRs can be adjusted, amended, or completely ignored. Ms. Oxford stated developers buy property and then it sits in disrepair and she feels that is what is happening with this property. She urged the Commission to reject this development and keep the small town atmosphere alive and keep the historic areas intact. Rhonda Sexton, 2439 S.W. 35th Avenue, Delray Beach, FL 33445 (currently serves on the Delray Beach Preservation Trust and served 8 years on the Delray Beach Historic Preservation Board), stated she was on the Board when the Parking Garage was approved and the Board was guaranteed at that time that it would not 19 06/17/14 set a precedent with the CBD Overlay. Ms. Sexton stated Mr. Worrell has owned numerous parcels on the south side; on the north side they have been individually owned and now has allowed for individuals to redevelop property by property and that is why it has been very successful. She asked the Commission to consider the many people prior to the current Commission that have spent numerous hours and the City's money getting professionals to help assist in setting up the LDRs and the historic guidelines that we work with every day and urged the Commission to make sure that Delray Beach does not become a victim of its own success. Joanne Peart, 107 N.W. 9th Street, Delray Beach, FL 33444 (Delray Beach Preservation Trust), stated the Historic Preservation Board (HPB) voted for this project and although they are very talented and educated in their fields, none of them have a background in historic preservation which she feels is needed. Ms. Peart read a brief statement into the record and feels we must encourage the ownership and development throughout the entire district that is consistent with the goals of the Comprehensive Plan and the criteria set forth by the LDRs. She urged the Commission to vote in favor of staff s recommendation to deny Ordinance No. 9-14. Jim Knight, 10 S.E. 1st Avenue, Delray Beach, FL 33444, stated the Historic Preservation Trust had a meeting with one of the Trust members where everyone met and went over the initial plan and they had some recommendations and made some changes to that. Mr. Knight stated the Preservation Trust made some changes to that and had a follow-up meeting at the Sundy House. Mr. Knight stated at that meeting it appeared that they came to some solutions that the Historic Preservation Board wanted a couple of the homes pulled out to the street and not moved to create a little historic village. He stated the historic village is a great idea and feels they can accommodate what the Historic Preservation Trust is looking for. Mr. Knight distributed a newspaper article dated June 12, 2014 which talks about the ten (10)best cities to live and work in in Florida and Delray Beach is #7 on the list. He stated some of the things that are missing are office space, additional hotels, etc. Mr. Knight stated one of the other things in the criteria is the crime and per the crime statistics from the City's website the majority of the crimes that are happening are south of Atlantic and west coming from 2nd out into west of Atlantic Avenue. He stated this project is going to connect East Atlantic to West Atlantic Avenue. Mr. Knight entered into the record emails from property owners who live in this area and most people do not walk that area at night because it is dark, blighted, and it is in need of redevelopment. He would like to see the Historic Preservation Trust and the developer work together. Ana Maria Aponte, Certified with the American Institute of Certified Planners and a member of the Historic Preservation Board, stated she was not present at the meeting when this was presented and stated she concurs with comments expressed by Mr. Gonzales but she does not feel the CBD regulation is the answer. She suggested that the City Commission request the applicant to do some studies of what can be done on those properties and analyze what the impact is and the difference between the OSSHAD regulation and the CBD. In addition, she encouraged the City to protect the historic importance of Swinton Avenue. 20 06/17/14 Leslie Callaway, 75 N.E. 5th Avenue Unit R, Delray Beach, FL 33483, Co-President of the Delray Beach Historical Society, read a statement into the record and briefly spoke about why the historic districts are so important, how they enrich the community, and why are they significant to the cultural climate. Ms. Callaway stated historic districts showcase the importance of preservation and community history. She stated historic districts can illustrate the role of preservation in making cities more sustainable not just environmentally but historically, socially, and economically. Ms. Callaway stated the first historic district in the United States was established in Charleston, South Carolina in 1931 and several years later many historic districts started to follow suite including the old French Quarter in New Orleans (the country's second historic district). Ms. Callaway stated the first church, the first schoolhouse, and the beginnings of the first library, the first Mayor, and the first residential neighborhood all took place on Swinton Avenue and is the essence of a historic district. Virginia Snyder, 200 South Swinton Avenue, Delray Beach, FL 33444 (lived at 38 South Swinton for 35 years and where she is now since 2006), corrected Ms. Callaway and stated the first church and the first school were founded by black settlers. Ms. Snyder stated the home at 38 South Swinton Avenue has been used in 2-3 movies and she was the inspiration for "Murder She Wrote". Ms. Snyder stated she is very interested in history and incorporating as much history as possible. She stated she would like to see a compromise with what Hudson Holdings wants to do with the Worrell property but still maintain the history that is there so that no one forgets the history and so everyone can talk about it. Robert Ganger, 1443 North Ocean Boulevard, Delray Beach, FL 33483, stated the OSSHAD area is an eyesore, urged the Commission to maintain the integrity of the historic districts because he feels it is critical to the future of this city. Mr. Ganger urged the Commission not to make a unilateral decision to change the LDRs because it is timely for a developer who has some plans that he wants to execute and that the Commission commits to making OSSHAD the best it can possibly be. Claudia Willis, 160 Marine Way, Delray Beach, FL 33483, asked the Assistant City Attorney to look into the proper protocol when the CRA board takes a re- vote. Secondly, Ms. Willis stated the Commission must make positive findings to support the depletion of a part of the historic district and the staff report indicates that this request would be detrimental to this district and set a precedent that will threaten all districts. She stated Ordinance No. 13-87 establishing OSSHAD sets the City's goals for the perpetuation of the districts and is about preserving our unique and irreplaceable assets and contrary to any requests to deplete the district. She urged the Commission to not approve this request. Ann Margo Peart (Cannon), 1015 Ingraham Avenue, Delray Beach, FL 33483 (member of the Board of Governor's of the Historical Society of Palm Beach County), read a letter into the record written by the organizations President and Chief Executive Officer(CEO)requesting the Commission to preserve the LDRs. 21 06/17/14 There being no one else from the public who wished to address the Commission regarding Ordinance No. 09-14, the public hearing was closed. Mr. McDonnell stated he has no cross-examination. At this point, the applicant cross-examined Mr. Gonzales. The Interim City Attorney stated Historic Preservation Planner Amy Alvarez could not be cross-examined because she did not testify. Mr. McDonnell stated he had no rebuttal. Mr. Gonzales gave a brief rebuttal. The applicant briefly spoke about the project. Mr. Jacquet stated he has lived in that area since 1989 and noted that in the area south of Swinton Avenue there is a population that lives there that has been neglected forever. Mr. Jacquet stated he respects everything that has been said and agrees that the OSSHAD needs to be protected along with all the historic districts. He briefly spoke about when he was on the Planning and Zoning Board and the whole identification of that area came to be (i.e. SOFA) so that it could be like Pineapple Grove. Vice Mayor Petrolia asked if the Hyatt is in the OSSHAD. Mr. McDonnell stated the Hyatt is not in the OSSHAD. Deputy Vice Mayor Jarjura stated she voted for the denial of this when it went before the Planning and Zoning Board and asked the attorney who was present at the time whether or not they would be willing to meet with the historic district. The comments raised by the historic preservation activists in the community were that they did not know about it. Deputy Vice Mayor Jarjura stated she thought this would be a better way to produce a better project for the city overall and asked since the Planning and Zoning Board meeting if they have reached out to the people regarding their concerns. Steve Michael, Hudson Holdings, stated prior to the meeting they reached out to the Historic Preservation Trust and they presented an overall conceptual idea that they wanted to present beyond the text amendment. Mr. Michael stated they also met at the Sundy House and debated back and forth and seemingly came to a conclusion and to an agreement. Deputy Vice Mayor Jarjura stated she thought that changes had been made to the request since it came before the Planning and Zoning Board until now. She stated it is the same parcels and asked if that has changed. Mr. Michael stated the southernmost lot that has a structure on it next to the open lot could be reduced from the extension. Deputy Vice Mayor Jarjura asked what the current uses and conditions of the properties in question. Mr. McDonnell stated there is single family homes and rental multi-family on the west side of S.E. 1st Avenue (residential). She stated she met with the residents 22 06/17/14 and the businesses in the area and citywide there are concerns about transient population houses and asked if this is what the current use of these homes are. Mr. McDonnell stated the house on the northwest corner of S.E. 1st Street and S.E. 1st Avenue. She asked why with regard to the alley is there the lack of consistency all the way through. In response, Mr. McDonnell stated staff felt as though the east/west alley would be an appropriate transition to keep the Overlay District to the north of that and to the south of that to transition back into the OSSHAD. Deputy Vice Mayor Jarjura asked the Interim City Attorney about the CRA vote. The Interim City Attorney stated she was not able to connect with the CRA attorney David Tolces; however, the telephone message that was relayed to her was that there was new information so the CRA voted to reconsider; therefore, on the second hearing they changed their mind and she does not know what the new information was. Deputy Vice Mayor Jarjura stated from the residents and businesses she spoke to in this area there are safety concerns and we have not seen the economic growth of this area as like north of Atlantic Avenue. In addition, Deputy Vice Mayor Jarjura stated the current conditions of these parcels are also compelling to support and further the economic development of this area and concurs with Commissioner Jacquet's comments. Mr. Frankel asked if someone in the Planning and Zoning Department hired Mr. Gonzales and feels the City Commission should have been consulted prior to this being done. Mr. McDonnell stated it may be out of the ordinary but it is not unprecedented or unusual. Mr. McDonnell stated the City has used expert witnesses on a number of cases. In the past, Mr. McDonnell stated staff felt they were doing the right thing by having an expert witness by help support the staff in this matter. Mr. Frankel stated if this passes would that business on S.E. 1st Street and the S.E. 1st Avenue be replaced with a different type of operation. Mr. Michael stated the house on the northwest would be replaced. Mr. Frankel stated he too is familiar with this area as his office was located at 19 South Swinton for three (3) years and he saw individuals walking daily in that area so he understands why there would be safety concerns. Mr. Frankel stated he appreciates Ms. Snyder's comments and concurs with comments expressed by Commissioner Jacquet and Deputy Vice Mayor Jarjura. Mayor Glickstein stated he received a lot of emails and read into the record one "Districts are not about one owner, one home, or one market downturn or upswing. They are about many homes each supporting the other and many generations of owners. A district needs to support all of the houses that follow the same rules they are offered years before us and hopefully a hundred years after us." He stated the basis for historic districts is that they will remain historic in perpetuity and there are reasons why that area is blighted and reasons why the area north of there are not. Mayor Glickstein stated the fact that this has been in singular ownership is a big reason why we have the condition the way we have. He stated the uses we have that are now in the conditions of the property are not a function of zoning but are a function of ownership and feels with responsible ownership there is responsible occupancy, upkeep and maintenance. He stated you drive preservation with responsible preservation laws and only allow responsible development as a consequence of a byproduct of the framework that you put in place. Mayor Glickstein stated he agrees with the staff report and does not support changing the historic districts. 23 06/17/14 Dana Little, Director of Planning and Zoning, stated he agrees that you should change zoning districts from mid-block to mid-block. Mr. Little stated he supports this and explained he is a Historic Board member for West Palm Beach and lives in a historic district. Mr. Little stated historic preservation does two (2) things; one is the preservation and the restoration of existing contributing structures (i.e. historic homes) or it is the regulations that are in place so whatever new infill comes in is consistent and compatible with the scale and the character of what is there. Mr. Little stated there needs to be redevelopment there but it is a question of how much. Mr. Little stated he supports staff s recommendation. Mayor Glickstein stated he does have the foresight to know what is today or next week the best use within that historic district. However, Mayor Glickstein stated if we lose the district there will be more intense development which is not what the district was established for people who sat on the dais in the past who worked very hard to establish these districts. He commented about the expert witness and encouraged the use and feels it may help the public understand why a particular development or application may be better. Vice Mayor Petrolia stated the Hyatt is not in the OSSHAD; a piece of the OSSHAD was made into a parking lot. Mr. Jacquet stated the demographics are completely different in this area and reiterated that he supports the changes to the area. Deputy Vice Mayor Jarjura clarified that she does not have an issue with the engaging of an expert but because she did not get to see the report until tonight because it was not part of the backup until tonight and the public or the applicant did not get to see the report. She stated what was compelling to her was the HPB's vote and in her opinion looking at the dynamic she feels it still would have been approved 4-2. Deputy Vice Mayor Jarjura stated for a developer to go before the HPB and get an approval is highly unique. Mr. Jacquet stated the applicant is willing to make a change; however, he would like to know specifics of where that line is. Mr. Frankel moved to approve Ordinance No. 9-14. At this point, Mr. Frankel withdrew his motion. Mr. Jacquet moved to approve Ordinance No. 09-14 on First Reading/First Public Hearing, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Vice Mayor Petrolia —No; Mr. Jacquet— Yes; Mr. Frankel — Yes; Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein — No. Said motion passed with a 3 to 2 vote, Vice Mayor Petrolia and Mayor Glickstein dissenting. 10.D. ORDINANCE NO. 01-14: Consider a privately-initiated Future Land Use Map amendment for Seagate Country Club Villas which includes three undeveloped parcels of land: Parcels 3 and 4 from OS (Open Space) to LD (Residential Low Density 24 06/17/14 0-5 units/acre) and Parcel 8, from LD (Residential Low Density 0-5 units/acre) to OS (Open Space), located on the north side of Greensward Lane, east of Hamlet Drive within the Seagate Country Club the Hamlet. The caption of Ordinance No. 01-14 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA ADOPTING A SMALL-SCALE FUTURE LAND USE MAP AMENDMENT FOR THREE PARCELS OF LAND IDENTIFIED AS PARCELS 3, 4 AND 8 ALL LOCATED ON THE NORTH SIDE OF GREENSWARD LANE, EAST OF HAMLET DRIVE, WITHIN THE SEAGATE COUNTRY CLUB AT THE HAMLET, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM OS (OPEN SPACE) TO LD (LOW DENSITY RESIDENTIAL 0-5 DU/AC) FOR PARCELS 3 AND 4; AND FROM LD (LOW DENSITY RESIDENTIAL 0-5 DU/AC) TO OS (OPEN SPACE) FOR PARCEL 8, PURSUANT TO THE PROVISIONS OF THE "COMMUNITY PLANNING ACT", FLORIDA STATUTES SECTION 163.3187, PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 01-14 is on file in the City Clerk's office.) The Interim City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mark McDonnell, AICP, Assistant Director of Planning and Zoning, entered the Planning and Zoning Department project file #2014-034 into the record. Mr. McDonnell stated this item is for the Commission to consider a privately-initiated Future Land Use Map Amendment for Seagate Country Club Villas which includes three undeveloped parcels of land; Parcels 3 and 4 would go from Open Space to LD (Low Density)Residential and Parcel 8, from LD (Low Density)Residential to OS (Open Space). Mr. McDonnell stated this is located on the north side of Greensward Lane. He stated this was approved by the City Commission on first reading on June 3, 2014 and it is now before them for second and final reading. Mayor Glickstein declared the public hearing open. Mitchell Schultz, 957 Greensward Lane, Delray Beach, FL 33445 (resident at the Seagate at the Hamlet), stated he is about a block from the new 25 06/17/14 proposed buildings that are going to be constructed. He stated the Seagate has added additional value by restoring the golf course and has been maintaining the ground satisfactorily. Mr. Schultz stated he feels this is a benefit overall to the community. Pamela Atkinson, 900 Greensward Lane #205, Delray Beach, FL 33445, (Former President of the Condo Association and Former Treasurer of the Hamlet Residents Association for 8 years), stated this is a real improvement to the community and she supports it. There being no one from the public who wished to address the Commission regarding Ordinance No. 01-14, the public hearing was closed. Mr. Frankel moved to adopt Ordinance No. 0-14 on Second and FINAL Reading, seconded by Vice Mayor Petrolia. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel — Yes; Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes. Said motion passed with a 5 to 0 vote. At this point, Mayor Glickstein stated in the future on the agendas he requested that staff note for the City Commission that this is a second reading. 10.E. ORDINANCE NO. 12-14: Consider a privately-initiated request for rezoning Seagate Country Club Villas which includes three undeveloped parcels of land: Parcels 3 and 4 from OSR (Open Space & Recreation) to R-1-A (Single Family Residential) and Parcel 8 from R-1-A (Single Family Residential)to OSR(Open Space & Recreation), all located on the north side of Greensward Lane, east of Hamlet Drive within the Seagate Country Club the Hamlet. (Quasi-Judicial Hearing) The caption of Ordinance No. 12-14 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING THREE PARCELS OF LAND IDENTIFIED AS PARCELS 3, 4, AND 8 ALL LOCATED ON THE NORTH SIDE OF GREENSWARD LANE, EAST OF HAMLET DRIVE WITHIN THE SEAGATE COUNTRY CLUB AT THE HAMLET, AS MORE PARTICULARLY DESCRIBED HEREIN AND PLACING LAND PRESENTLY ZONED OSR (OPEN SPACE AND RECREATION) DISTRICT TO R-1-A (SINGLE FAMILY RESIDENTIAL) DISTRICT FOR PARCELS 3 AND 4; AND FROM R-1-A (SINGLE FAMILY RESIDENTIAL) DISTRICT TO OSR (OPEN SPACE AND RECREATION) DISTRICT FOR PARCEL 8; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 2012"; PROVIDING A GENERAL 26 06/17/14 REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 12-14 is on file in the City Clerk's office.) The Interim City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Glickstein asked the Commission to disclose their ex parte communications. Mr. Frankel and Mr. Jacquet stated they had no ex parte communications. Deputy Vice Mayor Jarjura stated this subject came before her at the January meeting of the Planning and Zoning Board. Vice Mayor Petrolia stated she had no ex parte communications. Mayor Glickstein stated he had no ex parte communications. Mark McDonnell, AICP, Assistant Director of Planning and Zoning, entered the Planning and Zoning project file#2014-027 into the record. Mr. McDonnell stated this is the same property the Commission saw in the previous item for the FLUM Amendment but this is the corresponding rezoning. Mr. McDonnell stated this was reviewed and approved by the Commission on first reading on June 3, 2014 and it is now before the Commission for second reading. The individual representing Seagate Country Club Villas stated he is present for any questions the Commission may have. Mayor Glickstein declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 12-14, the public hearing was closed. Mr. Jacquet moved to adopt Ordinance No. 12-14 on Second and FINAL Reading, seconded by Vice Mayor Petrolia. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Deputy Vice Mayor Jarjura— Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia—Yes; Mr. Jacquet—Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 10:07 p.m., the Commission moved to Item 7,Agenda Approval. 7. AGENDA APPROVAL. Staff requested that Item 8.0., Quit Claim Deed/Community Redevelopment Agency WRA)be postponed. 27 06/17/14 Vice Mayor Petrolia requested that Item 8.D., Resolution No. 25-14 and Item 8.D.1., Acceptance of a Water Easement Deed/S.W. 71h Avenue. In addition, Vice Mayor Petrolia requested that Item 11.A., Ordinance No. 29-14 be moved up on the Agenda after Public Hearings. Mr. Jacquet moved to approve the Consent Agenda as amended, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel —Yes. Said motion passed with a 5 to 0 vote. 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. FINAL SUBDIVISION PLAT APPROVAL/SEAGATE YACHT CLUB: Approve a final plat for Seagate Yacht Club that includes a 5,221 sq. ft. yacht club building with a 44 slip marina and ten (10) townhouse units located at 110 MacFarlane Drive. 8.11. ACCEPTANCE OF A WATER EASEMENT DEED/1400 SOUTH FEDERAL HIGHWAY: Approve and accept a water easement deed from Linton Delray, LLC. for the property located at 1400 South Federal Highway. 8.C. HOLD HARMLESS AGREEMENT/SUNTRUST BANK: Approve a Hold Harmless Agreement with SunTrust Bank to allow the construction of a 26 LF PVC sanitary sewer service line that will connect to an existing sanitary service lateral and cleanout within the State's right-of-way for the property located at 1800 South Federal Highway. 8.D. RESOLUTION NO. 25-14: Approve Resolution No. 25-14; abandonment of a 50' wide by 140.72' long portion of S.W. 2nd Avenue, lying south of S.W. 7m Street within the Nichols First Addition and Nichols Second Addition Plats. The caption of Resolution No. 25-14 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A PORTION OF THE SW 2ND AVENUE ROAD RIGHT-OF-WAY, AS MORE PARTICULARLY DESCRIBED HEREIN, BUT RESERVING AND RETAINING TO THE CITY A GENERAL UTILITY EASEMENT FOR PUBLIC AND PRIVATE UTILITIES OVER A PORTION OF THE ABANDONMENT AREA, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING A REVERTER CLAUSE AND AN EFFECTIVE DATE. 28 06/17/14 (The official copy of Resolution No. 25-14 is on file in the City Clerk's office.) 8.D.1. ACCEPTANCE OF A WATER EASEMENT DEED/S.W. 7 T AVENUE: Approve and accept a 12' wide Water Easement Deed between the City and Beverley and Edward L. Forbes to accommodate an existing water main located on the western side of the road right-of-way for the property located at 206 S.W. 7m Avenue. 8.E. SERVICE AUTHORIZATION NO. 12-04/WANTMAN GROUP, INC: Approve Service Authorization No. 12-04 with Wantman Group, Inc. in the amount of$6,050.00 for professional design services (RFQ #2012-07) related to the Alley Drainage Improvements Project No. 11-113. This recommendation is in compliance with Ordinance No. 29-13, Section 36.02(C)(3), "Methods of Acquisition: Direct Acquisition Method, Professional Services" and Section 36.06(A), "Change Orders: City Commission Contracts, Within the Scope of Work". Funding is available from 448-5461-538-68.82 (Storm Water Utility Fund: Other Improvement/Alley Drainage Improvement). 8.F. CONTRACT CLOSEOUT (CHANGE ORDER NO. 2/FINAL)/ ALL PHASE ROOFING & CONSTRUCTIONBEACH BEAUTIFICATION MASTER PLAN GAZEBO: Approve Contract Closeout (C.O. No. 2/Final) in the amount of $8,005.60 decrease and final payment in the amount of$13,513.98 to All Phase Roofing & Construction for completion of the Beach Beautification Master Plan Gazebo (Project No. 12-035). This item complies with Section 36.06(A)(1), "Methods of Acquisition/Competitive Bids", and 36.06(A)(2) "Within the Scope of Work", of the City's Purchasing Code. Funding is available from 117-4170-572-68.83 (Recreation Impact Fee FD: Other Improvement/B each Pavilion). 8.G. WORKFORCE HOUSING COVENANT/CITY OF DELRAY BEACH AND RELATED DEVELOPMENT, LLC./SOFA BUILDING 1: Approve a Workforce Housing Covenant, as proposed between the City of Delray Beach and Related Development, LLC., for SOFA Building 1. 8.H. WORKFORCE HOUSING COVENANT/CITY OF DELRAY BEACH AND RELATED DEVELOPMENT, LLC./SOFA BUILDING 2: Approve a Workforce Housing Covenant, as proposed between the City of Delray Beach and Related Development, LLC., for SOFA Building 2. 8_I. MODIFICATION NO. 6 TO SUBGRANT AGREEMENT/ NEIGHBORHOOD STABILIZATION PROGRAM (NSP): Approve Modification No. 6 to the Neighborhood Stabilization Program (NSP) Subgrant Agreement to extend the contract date to December 31, 2014. 8.J. PURCHASING ADVERTISEMENT COSTS FOR FY 2014; PALM BEACH POST: Approval to expend up to a total of $60,000.00 in FY 2014 to Palm Beach Post for purchasing advertisement costs. The recommendation is in compliance with Ordinance No. 29-13, Section 36.03(B), "Multiple Acquisitions from Vendor 29 06/17/14 Exceeding $25,000.00 in a Fiscal Year". Funding is available from multiple departments. 8.K TEMPORARY STAFFING AGENCY COSTS FOR FY 2014; MULTIPLE VENDORS: Approval to expend up to a total of$200,000.00 in FY 2014 to multiple temporary staffing agencies used by several City departments to meet short term needs that arise from resignations and other vacancies or from project requirements that do not merit hiring full time employees. The recommendation is in compliance with Ordinance No. 29-13, Section 36.03(B), "Multiple Acquisitions from Vendor Exceeding $25,000.00 in a Fiscal Year". Funding is available from multiple departments. 8.L. SCHOOL READINESS CHILD CARE PROVIDER AGREEMENT/EARLY LEARNING COALITION OF PALM BEACH COUNTY, INC.: Approve the School Readiness Child Care Provider Agreement between the City of Delray Beach and the Early Learning Coalition of Palm Beach County, Inc. to provide subsidized child care funding for the Afterschool Program located at Pompey Park and the Community Center. 8.M. AFTERSCHOOL PROGRAM PROVIDER AGREEMENT/EARLY LEARNING COALITION OF PALM BEACH COUNTY, INC.: Approve Continue- to-Care Afterschool Program Provider Agreement between Early Learning Coalition of Palm Beach County, Inc. and the City, to continue reimbursable funding through the Continue to Care-Afterschool Scholarship program for the Afterschool Program located at Pompey Park and the Community Center. 8.N. GRANT APPLICATION/EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG): Approve submission of an application for funding in the amount of $40,770.00 through the U.S. Department of Justice Edward Byrne Memorial Justice Assistance Grant(JAG) program which will support the Holiday Robbery Task Force, which reduces crime during the Holiday season. 8.0. QUIT CLAIM DEED/COMMUNITY REDEVELOPMENT AGENCY (CRA): Approve a Quit Claim Deed between the City and the Community Redevelopment Agency (CRA) for two small parcels of land located at the existing sidewalk on S.E. 4th Avenue adjacent to the old library site and the expanded alley and parking area on the north side of the old library site, in order for them to be properly dedicated as public right-of-way. 8.P. PROCLAMATIONS: 1. None REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period June 2, 2014 through June 13, 2014. 8.R. AWARD OF BIDS AND CONTRACTS: 1. None 30 06/17/14 Vice Mayor Petrolia moved to approve the Consent Agenda as amended, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Deputy Vice Mayor Jarjura—Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 10:09 p.m., the Commission moved to Item 10.F., Ordinance No. 17-14. 10.F. ORDINANCE NO. 17-14: Consider a Charter revisions by amending Section 4.02, "Appointment; Removal; Compensation"; to provide clarification regarding Subsection 4.02(B), "Removal"; providing for a referendum on August 26, 2014. The caption of Ordinance No. 17-14 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR CHARTER REVISIONS BY AMENDING SECTION 4.02, "APPOINTMENT; REMOVAL; COMPENSATION"; TO PROVIDE CLARIFICATION REGARDING SUBSECTION 4.02(B), "REMOVAL"; PROVIDING FOR A REFERENDUM ON AUGUST 26, 2014; PROVIDING A SAVINGS CLAUSE; GENERAL REPEALER CLAUSE; AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 17-14 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Glickstein declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 17-14, the public hearing was closed. Vice Mayor Petrolia moved to adopt Ordinance No. 17-14 on Second and FINAL Reading, seconded by Deputy Vice Mayor Jarjura. Upon roll call the Commission voted as follows: Vice Mayor Petrolia — Yes; Mr. Jacquet — No; Mr. Frankel — Yes; Deputy Vice Mayor Jarjura— Yes; Mayor Glickstein — Yes. Said motion passed with a 5 to 0 vote. 10.G. ORDINANCE NO. 18-14: Consider an amendment to Chapter 110, "Local Business Taxes Generally", of the Code of Ordinances by amending Section 110.15, "Local Business Tax Schedule", to eliminate outdated business classifications and to provide for an increase in the local business tax schedule. 31 06/17/14 The caption of Ordinance No. 18-14 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 110, "LOCAL BUSINESS TAXES GENERALLY", OF THE CODE OF ORDINANCES BY AMENDING SECTION 110.15, "LOCAL BUSINESS TAX SCHEDULE", TO ELIMINATE OUTDATED BUSINESS CLASSIFICATIONS AND TO PROVIDE FOR AN INCREASE IN THE LOCAL BUSINESS TAX SCHEDULE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 18-14 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Lula Butler, Director of Community Improvement, stated this ordinance was passed on first reading and was advertised. The timing of the ordinance is coordinated with the annual renewal of the Business Tax Receipts which are required to be sent out by July 1, 2014 according to Florida State Statutes Chapter 205. Staff recommends approval. Mayor Glickstein declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 18-14, the public hearing was closed. Mr. Frankel stated with regard to the City's publications he feels the Sun- Sentinel covers the City of Delray Beach more and believes there is more leadership is down there. Mr. Frankel suggested that the City look into publishing in the Sun-Sentinel versus the Palm Beach Post which does not have a reporter present and believes they do not cover the same area. Mr. Jacquet stated the Sun-Sentinel is always present at the meetings and when people are reading about Delray Beach they pick up the Sun-Sentinel. After brief discussion, it was the consensus of the Commission to direct the Interim City Manager to look into this and report back to them. Mr. Frankel moved to adopt Ordinance No. 18-14 on Second and FINAL Reading, seconded by Vice Mayor Petrolia. Upon roll call the Commission voted as 32 06/17/14 follows: Mr. Jacquet—No; Mr. Frankel —Yes; Deputy Vice Mayor Jarjura—Yes; Mayor Glickstein— Yes; Vice Mayor Petrolia— Yes. Said motion passed with a 4 to 1 vote, Mr. Jacquet dissenting. 10.H. ORDINANCE NO. 20-14: Consider an amendment to Chapter 117, "Landlord Permits", of the Code of Ordinances, by amending Section 117.02, "Permit Fees", to provide for an increase in the landlord permit fee. The caption of Ordinance No. 20-14 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 117, "LANDLORD PERMITS", OF THE CODE OF ORDINANCES, BY AMENDING SECTION 117.02, "PERMIT FEES", TO PROVIDE FOR AN INCREASE IN THE LANDLORD PERMIT FEE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 20-14 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Lula Butler, Director of Community Improvement, stated the fee is being changed from $60.00 per unit to $75.00 per unit. Mrs. Butler stated this will bring in an additional $100,000.00 this fiscal year. Staff recommends approval. Mr. Jacquet suggested that the City have a tier system and stated people with multi-families or apartments should pay more than people with single family homes. Mr. Jacquet stated single family homes should not change from $60.00 until the City puts a different price for people with apartments and multi-unit facilities otherwise everyone is being charged $75.00 but feels this hurts small homeowners. Mrs. Butler stated what staff discovered from other municipalities is that they require the business tax receipts for regular apartments and not for single family homes so staff would like to move in that direction. Mrs. Butler stated staff would like City Commission to approve increasing the fee from $60.00 to $75.00 per unit now, and then they will come back to the City Commission adding a new classification within the City's business tax receipt ordinance to require apartment complexes and duplexes. Mayor Glickstein declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 20-14, the public hearing was closed. 33 06/17/14 Mr. Frankel moved to adopt Ordinance No. 20-14 on Second and FINAL Reading, seconded by Vice Mayor Petrolia. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Deputy Vice Mayor Jarjura— Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia—Yes; Mr. Jacquet—No. Said motion passed with a 4 to 1 vote, Mr. Jacquet dissenting. At this point, the time being 10:17 p.m., the City Commission continued Public Comments. 6.11.28. Robert Yarnau, Jr., 365 Citrus Tower Boulevard, Clermont, FL, commended the City Commission for addressing the puppy mill issue and asked that the City look towards the Veterinarian Medical Associations as well; however, he feels the current language of the ordinance is where it should be. 6.11.29. Daniel Rose, 323 N.E. 6th Avenue, Delray Beach, FL 33483, Attorney for defendant Stacy Aberle in the litigation of Wans to Riches, stated with these cases involving ordinances passed by these cities preventing the sale "puppy mill dogs" a lot of the stores claim they do not sell puppy mill puppies. He stated if they are not selling these puppy mill dogs and they say they are not selling then why they would be bothered by the ordinance being passed. 6.11.30. Cathy Hartney, 1315 Park Avenue, Boca Raton, FL, displayed a PowerPoint video from the ASPCA. Mayor Glickstein closed the public comment with the exception of the last presentation. At this point, the time being 10:18 p.m., the Commission took a brief break and reconvened at 10:22 p.m. At this point, the time being 10:26 p.m., the Commission moved to Item 11, First Readings. 11. FIRST READINGS: 1LA. ORDINANCE NO. 29-14: Consider an amendment to Chapter 91, "Animals", by enacting a new Section 91.18, "Retail Sale of Dogs and Cats", to provide for regulations regarding dog and cat sales; and amending Chapter 37, "Code Enforcement", Section 37.45, "Supplemental Code Enforcement Procedures", Subsection (Q), "Civil Penalties" to provide penalties. If passed, a public hearing will be held on July 1, 2014. The caption of Ordinance No. 29-14 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 91, "ANIMALS", BY 34 06/17/14 ENACTING A NEW SECTION 91.18, "RETAIL SALE OF DOGS AND CATS" TO PROVIDE FOR REGULATIONS REGARDING DOG AND CAT SALES; AND AMENDING CHAPTER 37, "CODE ENFORCEMENT", SECTION 37.45, "SUPPLEMENTAL CODE ENFORCEMENT PROCEDURES", SUBSECTION (Q), "CIVIL PENALTIES" TO PROVIDE PENALTIES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 29-14 is on file in the City Clerk's office.) The Interim City Attorney read the caption of the ordinance and stated this proposed ordinance was drafted pursuant to the City Commission request at the April 8, 2014 Workshop meeting. The ordinance defines puppy mills and restricts the retail sales of dogs and cats obtained from puppy mills within the city. The proposed ordinance provides that no pet store or individual shall display, sell, trade, deliver, barter, lease, rent, auction, give away, transfer, offer for sale, or otherwise dispose of dogs or cats obtained from a puppy mill in the city on or after effective date of this section. The Interim City Attorney stated it further provides one (1) year for any existing businesses to comply. Several cities throughout the State of Florida have adopted similar ordinances including but not limited to Lake Worth, Wellington, Coconut Creek, Parkland, Palmetto Bay, Lauderdale Lakes, Coral Gables, North Bay Village, Margate, Sunrise, and other cities. The Interim City Attorney stated it should be noted that a lawsuit was recently filed against the City of Sunrise challenging their ordinance, however, it is different from our proposed ordinance because it has an exception for local "hobby breeders" and ours does not. A similar lawsuit was also recently filed against the City of Phoenix, AZ, but their ordinance also had a local "hobby breeder" exception as well. The Interim City Attorney suggested the following changes to the ordinance: the reference to "puppy mill" also include "kitten mill" Page 2, Section 91.18(A)(9)(a) and that there be further reference to "A Puppy Mill or Kitten Mill means a facility where dogs or cats are bred whether licensed by the USDA or not, and where any two (2) of the following conditions are found to exist." She also suggested that in Section 91.18(A)(9)(a)((7) that it read: "More than twenty (20)puppies (under the age of 12 weeks) are kept at a single time or more than twenty (20) kittens (under the age of 16 weeks) are kept at a single time; Section 91.18(A)(9)(a)(7) More than eight (8) dogs or kittens are kept in a single cage or fenced area." Additionally, Section 91.18(C) —Page 3 "No pet store retailer or individual located within the City of Delray Beach shall display, sell, trade, deliver, barter, lease, rent, auction, give away, transfer, offer for sale, or otherwise dispose of dogs or cats obtained from a puppy mill." The Interim City Attorney 35 06/17/14 suggested to remove Item "D" and any reference to exemptions and re-letter Certificate of Source as "D"; and, page 4 F(1) Adoption of Shelter and Rescue Animals to "E" and re-letter accordingly as "U'. She stated Section 91.18(F)(1) Adoption of Shelter and Rescue Animals should remain: "Nothing in this section shall prevent a pet store, retailer, or its owner, operator, or employees, from providing space and appropriate care for animals owned by a publicly operated animal control agency, nonprofit humane society, or nonprofit animal rescue agency that is registered with the county, and maintained at the pet store for the purpose of adopting those animals to the public." The Interim City Attorney reiterated that this ordinance is restricting the sale of puppies and kittens obtained from puppy mills; it is not restricting the sale of puppies and kittens wholeheartedly. Lastly, the Interim City Attorney stated the final revision in the opening paragraph on page 1 and the first "WHEREAS" clause should read: "WHEREAS, the City of Delray Beach desires to ensure that all dogs and cats are treated humanely and desires to prohibit substandard breeding facilities known as "puppy mills" or "kitten mills" and mass-producing animals for sale to the public, many of which are sold at retail and in pet stores;" and the third "WHEREAS" clause should read as follows: "WHEREAS, while not all dogs and cats sold are the products of inhumane breeding conditions and not every commercial breeder selling dogs or cats to pet stores operates "puppy mills" or "kitten mills," the City Commission believes that "puppy mills" and "kitten mills" continue to exist in part because of public demand and the sale of dogs and cats that are purchased from substandard breeding facilities." Mr. Frankel asked where we have a puppy mill in the city. In response, the Interim City Attorney stated the City does not currently have any puppy mills. Mr. Frankel stated should this pass who is going to enforce it. The Interim City Attorney stated either Code Enforcement or the Police Department would enforce it. Mr. Frankel stated this is more of a Federal issue and he cannot support it. Deputy Vice Mayor Jarjura stated the way the ordinance is drafted now compared to what came before the City Commission in terms of the Workshop, accomplishes the City's goals in prohibiting the sale of animals that were bred in a substandard breeding facility and it not be retail sales of pet stores in general. Deputy Vice Mayor Jarjura reiterated that Ms. Pyburn really listened to the comments that were made at the Workshop meeting and tried to produce an ordinance that was to accomplish the goals of the city, was legally defensible, and was enforceable. Deputy Vice Mayor Jarjura stated some of the positions on either side have been mean-spirited and the fact that this issue is something that everyone is passionate about yet some individuals that are still opposing it or supporting did not take the time to read Ms. Pyburn's revised ordinance is disappointing to her. Vice Mayor Petrolia read a brief statement into the record regarding puppy mills. She stated the question is "Do we want to be a city that continues to support the puppy mill industry or do we want to send a message as many other cities are doing by saying we no longer support this horrendous industry." Vice Mayor Petrolia stated at the last meeting and tonight it struck her that there is a common thread on both sides of this issue and that is that nobody is in support of puppy mills or commercial breeders. She 36 06/17/14 stated this ordinance eliminates local pet shops selling puppies originating from commercial breeders. Vice Mayor Petrolia stated she recognizes that something needs to be changed and the commercial breeding industries substandard but legal practices are no way to treat our pets. In addition, Vice Mayor Petrolia stated she supports a movement that bans a barbaric industry from profiting on people in this city. Mr. Jacquet thanked Ms. Pyburn for her work on this ordinance and continuing to tweak it. Mr. Jacquet stated he concurs with comments expressed by Deputy Vice Mayor Jarjura and supports the ordinance. Mayor Glickstein stated he has spoken to one of the business owners in town, Humane Society Executive Director, Florida Executive Director, the Executive Director of the Humane Society who oversees legislation regarding puppy mills, and his veterinarian of 20 years. Mayor Glickstein stated it is an incredibly labor intensive ordeal and one of the common threads running through the breeders that he knows is that they are very interested in where those dogs go. He stated that is the information that he is receiving on the mills contrary to information that was given to the City Commission, there is a linkage of where dogs are coming from is the lifeblood of these puppy mills is in fact the retail stores. Mayor Glickstein stated there is a linkage of at least four (4) breeders that are on the Humane Society's Horrible 100 and the methodology to determine who exists on this Horrible 100 of breeders is a variety of factors and it is the combination of how many times they have been on inspection reports where there have been direct and serious violations which puts them on this list. He stated the paperwork that he sees to the County is that dogs are coming from at least four (4) breeders that are on the Humane Society's Horrible 100 list are landing in retail establishments in Delray Beach. Mayor Glickstein stated people buying in this retail establishment would prefer a guarantee that they were not inadvertently supporting animal cruelty. Mayor Glickstein commented about a letter the Commission received from a lobbyist organization for the pet industry and noted there is information in it that is incorrect. Mayor Glickstein stated from his own research and his own personal reflection about what he knows about breeding leads him to believe that this ordinance is the right thing to do and he supports the ordinance with the amendments as stated by the Interim City Attorney. Vice Mayor Petrolia moved to approve Ordinance No. 29-14 on FIRST Reading with the amendments as stated by the Interim City Attorney, seconded by Mr. Jacquet. Upon roll call the Commission voted as follows: Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel—No. Said motion passed with a 4 to 1 vote, Mr. Frankel dissenting. At this point, the time being 10:58 p.m., the Commission moved back to Item 9.A. of the Regular Agenda. 9. REGULAR AGENDA: 9.A. WAIVER REQUEST/DELRAY BEACH PUBLIC LIBRARY: Consider approval of a request to waive Land Development Regulations (LDR) Section 37 06/17/14 4.6.7(17)(3)(f), "Supplemental District Regulations: Signs, Signs Requiring Permits, Special Purpose Signs and Signing, Special Event Non-Roadway Banner Signing", to allow the Delray Beach Public Library to replace their two Centennial Banners with two (2)temporary 501(C)3 banners until June 3, 2015. (Quasi-Judicial Hearing) Mayor Glickstein asked the Commission to disclose their ex parte communications. The Commission stated they had no ex parte communications to disclose. Lula Butler, Director of Community Improvement, stated this item is a request from the Delray Beach Library to ask for approval of a waiver to LDR Section 4.6.7(17)(3)(f) to allow two temporary banners to replace the Centennial banners that the Commission approved in 2012. Mrs. Butler stated the Delray Beach Library has indicated that they are requesting this because they need to replace the banners with a different message to inform the public that they are a non-profit agency. The Delray Beach Public Library is a 501(c)(3) that is funded through public and private partnership. She stated over 1,700 people visit the library per day and they have a multitude of free resources for the community. Mrs. Butler stated their request is needed to help identify the physical location of the library as well as educate the community that they offer more than just books at the Library. Mrs. Butler stated banners/sign for City facilities are approved by the City Manager; however, this request is before the Commission because the Library is asking for two (2) banners that exceed the size allowed by Code and the length of time they are allowed to be up. Mrs. Butler stated the Library is asking for 126 square feet each along the front facade of the building facing Atlantic Avenue for one (1) year. Staff recommends approval of the waiver to LDR Section 4.6.7(17)(3)(f) to allow the Delray Beach Public Library to replace their two (2) Centennial Banners with two (2) temporary 501(c)3 banners for 1 year from the date the waiver is approved (June 17, 2015). Mr. Jacquet commented about the last requirement LDR Section 2.4.7(B)(d) "Does not result in the granting of a special privilege in that the same waiver would not be granted under similar circumstances on other property for another applicant or owner." Mr. Jacquet stated the Library is a public/private partnership and he supports the request. Vice Mayor Petrolia asked if this would set a precedent and she expressed concerns over this. The Interim City Attorney stated the City's sign code allows banners for shorter periods of time and the City has occasionally approved waivers to the size requirements and/or the length of time for special events. In addition, the Interim City Attorney stated the Library received approval for their 100th year birthday. Mayor Glickstein stated he supports the request. The Interim City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy 38 06/17/14 and made an official part of the minutes). Mr. Frankel moved to approve the Board Order, seconded by Mr. Jacquet. Upon roll call the Commission voted as follows: Mayor Glickstein — Yes; Vice Mayor Petrolia—No; Mr. Jacquet— Yes; Mr. Frankel — Yes; Deputy Vice Mayor Jarjura— Yes. Said motion passed with a 4 to 1 vote, Vice Mayor Petrolia dissenting. Mr. Frankel moved to approve to extend the meeting time past 11:00 p.m., seconded by Deputy Vice Mayor Jarjura. Upon roll call the Commission voted as follows: Vice Mayor Petrolia—Yes; Mr. Jacquet—Yes; Mr. Frankel —Yes; Deputy Vice Mayor Jarjura—Yes; Mayor Glickstein—Yes. Said motion passed with a 5 to 0 vote. Mayor Glickstein stated Commissioner Jacquet has requested to move up Item 9.11. and Item 9.I. Vice Mayor Petrolia moved for Item 9.H., Nomination for Appointment to the Downtown Development Authority to become Item 9.11. and Item 9.I., Nomination for Appointment to the General Employees Retirement Committee to become Item 9.C., seconded by Deputy Vice Mayor Jarjura. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel — Yes; Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes. Said motion was passed with a 5 to 0 vote. 9.11. NOMINATIONS FOR APPOINTMENT TO THE DOWNTOWN DEVELOPMENT AUTHORITY (DDA): Nominate four (4) regular members for appointment to the Downtown Development Authority (DDA) to serve three (3) year terms ending July 1, 2017. Based on the rotation system, the nominations for appointment will be made by Commissioner Jacquet (Seat #2), Commissioner Frankel (Seat #3), Commissioner Jarjura (Seat#4) and Mayor Glickstein (Seat#5). Mr. Jacquet moved to nominate Scott Kennedy as a regular member to the Downtown Development Authority (DDA) to serve a three (3) year term ending July 1, 2017, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia—Yes; Mr. Jacquet—Yes. Said motion passed with a 5 to 0 vote. Mr. Frankel moved to nominate Ryan Boylston as a regular member to the Downtown Development Authority as a regular member to serve a three (3) year term ending July 1, 2017, seconded by Mr. Jacquet. Upon roll call the Commission voted as follows: Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Mr. Jacquet— Yes; Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote. Deputy Vice Mayor Jarjura moved to nominate Frank Frione as a regular member to the Downtown Development Authority as a regular member to serve a three (3) year term ending July 1, 2017, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mayor Glickstein —Yes; Vice Mayor Petrolia — Yes; Mr. 39 06/17/14 Jacquet—Yes; Mr. Frankel —Yes; Deputy Vice Mayor Jarjura—Yes. Said motion passed with a 5 to 0 vote. Mayor Glickstein stated he would like to defer his appointment to the next regular meeting of July 1, 2014. 9.C. NOMINATION FOR APPOINTMENT TO THE GENERAL EMPLOYEES RETIREMENT COMMITTEE: Nominate one (1)regular member for appointment to the General Employees Retirement Committee to serve an indefinite term. Based on the rotation system, the nomination for appointment will be made by Commissioner Jacquet(Seat#2). Mr. Jacquet moved to nominate Assistant City Manager Francine Ramaglia, seconded by Deputy Vice Mayor Jarjura. Upon roll call the Commission voted as follows: Vice Mayor Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Deputy Vice Mayor Jarjura— Yes; Mayor Glickstein —Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 11:08 p.m., Commissioner Jacquet left the meeting. At this point, the time being 11:08 p.m., the Commission moved to Item 9.D., School Crossing Guard Contract/Action Labor Management, LLC d/b/a Staffing Connection. 9.1). SCHOOL CROSSING GUARD CONTRACT/ACTION LABOR MANAGEMENT, LLC d/b/a STAFFING CONNECTION: Consider approval of the School Crossing Guard Contract with Action Labor Management, LLC., d/b/a Staffing Connection in an amount not to exceed $185,000.00 per fiscal year for school crossing guard services by utilizing Palm Beach Garden's contract that was competitively bid via RFP No. 2010-003 pursuant to Ordinance No. 29-13 Section 36.02(C)(7), "Methods of Acquisition: Direct Acquisition Method, Utilization of Other Governmental Entities' Contracts". Funding is available from 001-2115-521-34.90 (General Fund: Other Contractual Service/Other Contractual Service). Kristina Maricic, Administrative Officer/Police Department, stated staff requests City Commission approval to enter into a contract with Action Labor Management, LLC d/b/a Staffing Connection for School Crossing Guard services for utilizing the Palm Beach Gardens contract that was competitively bid. Ms. Maricic stated this complies with the City's Purchasing ordinance Section 36.02(C)(7), "Utilization of other Governmental Entities' Contracts". The Commission approval is needed due to the amount exceeding $25,000 per Purchasing Guidelines. The services are needed to ensure safety of the schoolchildren walking or riding bicycles to schools in the City's jurisdiction. Mayor Glickstein asked if there is a way to compel them to inform people what the law is about bike helmets. Police Chief Strianese stated the Police Department 40 06/17/14 could do this as an initiative, but this group would not be utilized for that. The Interim City Manager stated the Police Department would have some input in doing this; however, he suggested that the City ask this group if that can be accomplished and if there is some legal issue that this cannot be done, then the City will have to accede to that. Vice Mayor Petrolia commented about the surcharge that was added to the municipal parking tickets to partially offset the costs. Ms. Maricic stated for fiscal year 2014 the surcharge generated $85,960.00 and as of now for this fiscal year the Police Department has generated $61,444.00. Vice Mayor Petrolia stated what the City is collecting is less than $185,000.00. Also, Vice Mayor Petrolia asked if the School Board would cover any of the costs. Chief Strianese stated it is provided by the City. Mr. Frankel moved to approve the School Crossing Guard Contract with Action Labor Management, LLC, seconded by Vice Mayor Petrolia. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes. Said motion passed with a 4 to 0 vote. 9.E. BID AWARD/STROBES-R-US: Consider approval of a bid award to Strobes-R-Us in the amount $139,722.25 for installation of Police lighting and equipment in fifteen (15) Police vehicles and six (6) Police motorcycles utilizing the City of Sunrise Contract No. 11(06)-01-01-01-19-W which is valid until April 11, 2015, meeting the requirements of City Purchasing Ordinance No. 29-13, Section 36.02 (C)(7), "Utilization of Other Governmental Entities' Contract". Funding is available from 501-3312-591- 64.20 (Garage Fund: Machinery/Equipment/Automotive). Randal Krejcarek, Director of Environmental Services, stated this item is to award to Strobes-R-Us for the installation of Police lights and equipment to fifteen (15) Police vehicles and six (6) Police motorcycles utilizing the City of Sunrise Contract in the amount of$139,722.25. Mr. Frankel moved to approve bid award to Strobes-R-Us in the amount of$139,722.25, seconded by Deputy Vice Mayor Jarjura. Upon roll call the Commission voted as follows: Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia—Yes; Mr. Frankel —Yes. Said motion passed with a 4 to 0 vote. 9.F. EMPLOYMENT AGREEMENT/CITY ATTORNEY: Consider an Employment Agreement between the City of Delray Beach and Mr. Noel Pfeffer. Terrill Pyburn, Interim City Attorney, stated this item is the employment agreement for the City Attorney Noel Pfeffer. At the Special meeting of June 5, 2014 the City Commission gave staff direction to negotiate an employment contract with Mr. Pfeffer. The Interim City Attorney read the material terms of the contract into the record as outlined in the Agenda backup memorandum. Staff recommends approval of the Employment Agreement between the City of Delray Beach and Mr. Noel Pfeffer. 41 06/17/14 Deputy Vice Mayor Jarjura moved to approve the Employment Agreement between the City of Delray Beach and Mr. Noel Pfeffer, seconded by Vice Mayor Petrolia. Upon roll call the Commission voted as follows: Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Mr. Frankel — Yes; Deputy Vice Mayor Jarjura — Yes. Said motion passed with a 4 to 0 vote. 9.G. OFFER OF SETTLEMENT/THOMAS VOLPE VS. CITY OF DELRAY BEACH: Consider an Offer of Settlement in the total amount of$30,000.00 in Thomas Volpe vs City of Delray Beach. Staff recommends denial. Terrill Pyburn, Interim City Attorney stated this is a case against the City of Delray Beach by Plaintiff Thomas Volpe. The Offer of Settlement is for $30,000.00. The Interim City Attorney stated Mr. Volpe hit an orange safety cone on A-1-A north of Atlantic Avenue on his bicycle and he is alleging that the City failed to warn. Staff recommends denial of the proposal for settlement. The Interim City Attorney stated this is currently on a trial docket beginning August 25, 2014. The Interim City Manager stated he discussed this item with the City Attorney's office this afternoon and administrative staff wholeheartedly agrees that from a Risk Management perspective that there is no justification for settlement in this case. Mr. Frankel moved to accept the Interim City Attorney's recommendation to deny the proposed settlement, seconded by Vice Mayor Petrolia. Upon roll call the Commission voted as follows: Vice Mayor Petrolia — Yes; Mr. Frankel — Yes; Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes. Said motion passed with a 4 to 0 vote. 9.H. NOMINATION FOR APPOINTMENT TO THE HISTORIC PRESERVATION BOARD: Nominate one (1) regular member for appointment to the Historic Preservation Board to serve an unexpired term ending August 31, 2015. Based on the rotation system, the nomination for appointment will be made by Mayor Glickstein (Seat#5). Mayor Glickstein stated he would like to defer his nomination to the next regular meeting of July 1, 2014 because he has asked the City Clerk to make a requirement that all applicants fill out a questionnaire with their board application. It was the consensus of the City Commission to make it a requirement that an application is not considered complete unless the questionnaire is also filled out and submitted. 9_I. NOMINATION FOR APPOINTMENT TO THE SITE PLAN REVIEW AND APPEARANCE BOARD (SPRAB): Nominate one (1) regular member to the Site Plan Review and Appearance Board (SPRAB) to serve an unexpired term ending August 31, 2016. Based on the rotation system, the nomination for appointment will be made by Commissioner Jarjura(Seat#4). 42 06/17/14 Deputy Vice Mayor Jarjura moved to nominate Roger Cope to the Site Plan Review and Appearance Board (SPRAB) as a regular member to serve an unexpired term ending August 31, 2016, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein—Yes; Vice Mayor Petrolia—Yes. Said motion passed with a 4 to 0 vote. 9.J. NOMINATION FOR APPOINTMENT TO THE COMMUNITY REDEVELOPMENT AGENCY (CRA): Nominate one (1) regular member for appointment to the Community Redevelopment Agency (CRA) to serve a four (4) year term ending July 1, 2018. Based on the rotation system, the nomination for appointment will be made by Mayor Glickstein (Seat#5). Mayor Glickstein moved to nominate Cathy Balestriere to the Community Redevelopment Agency (CRA) to serve a four (4) year term ending July 1, 2018, seconded by Vice Mayor Petrolia. Upon roll call the Commission voted as follows: Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Mr. Frankel —Yes. Said motion passed with a 4 to 0 vote. 9.K NOMINATION FOR APPOINTMENT TO THE PARKING MANAGEMENT ADVISORY BOARD: Nominate one (1) regular member for appointment to the Parking Management Advisory Board to serve an unexpired term ending July 1, 2016. Based on the rotation system, the nomination for appointment will be made by Commissioner Jarjura (Seat#4). Deputy Vice Mayor Jarjura moved to nominate Fran Marincola to the Parking Management Advisory Board (PMAB) as a regular member to serve an unexpired term ending July 1, 2016, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Mr. Frankel—Yes; Deputy Vice Mayor Jarjura—Yes. Said motion passed with a 4 to 0 vote. 9.L. NOMINATION FOR APPOINTMENT TO THE POLICE AND FIRE FIGHTERS RETIREMENT SYSTEM BOARD OF TRUSTEES: Nominate one (1) regular member for appointment to the Police and Fire Fighters Retirement System Board of Trustees to serve a two (2) year term ending June 30, 2016. Based on the rotation system, the nomination for appointment will be made by Commissioner Frankel (Seat#3). Mr. Frankel moved to nominate Mr. Frankel for reappointment as a regular member to the Police and Firefighters' Retirement System Board, seconded by Deputy Vice Mayor Jarjura. Prior to the vote, Vice Mayor Petrolia stated she cannot support Mr. Frankel's nomination because from the comments that were made at the last meeting this is the fund that has been in trouble for the entire time that Commissioner Frankel has been on the Police and Firefighters' Retirement System Board. Vice Mayor Petrolia stated she feels it is time for a change. 43 06/17/14 Mayor Glickstein stated he supports Mr. Frankel as his Commission colleague with the understanding that while he appreciates the service to the board by Mr. Frankel and everybody serving on the board the taxpayers have not been served by the recommendations of the investment managers as well as the actuaries that are working for this. Mayor Glickstein stated the notion are men and women who are not taxpayers of this city making decisions on pensions that have no professional investment experience whatsoever and aren't taxpayers is deeply flawed. Mayor Glickstein stated as pointed out by Mr. Jack Warner that if we are not getting the board to recognize that we have to make some changes these impacts are monumental. Mayor Glickstein stated if the investment returns are equal to or better than the other pension that the City has, then the taxpayers are going to be very happy with the way that board is performing and Mr. Frankel would have done his job as best as he can. Mayor Glickstein stated he has always expressed concern over how this board is comprised and in Mr. Frankel's position that his board colleagues will recognize that union priorities in this instance are not necessarily aligned with taxpayers and hopes Mr. Frankel will stress that. Mr. Frankel stated Mr. Jack Warner has been wonderful and feels he has been in a position to help advance some of his ideas that he has brought forward that one of the other applicants may not have. In addition, Mr. Frankel stated he endorsed the recommendation to have the Task Force and Gainesville has a similar program. Deputy Vice Mayor Jarjura stated the Commission directed the City Manager to look at creating a Task Force of professionals that would be an Advisory Board to this board and she requested that this be on an upcoming meeting. Mayor Glickstein stated when there is professional expertise that has a vested interest he feels there will be a better outcome. Brief discussion between Interim City Manager Terry Stewart and Mayor Glickstein followed. Upon roll call the Commission voted as follows: Vice Mayor Petrolia — No; Mr. Frankel —Yes; Deputy Vice Mayor Jarjura—Yes; Mayor Glickstein—Yes. Said motion passed with a 4 to 0 vote. At this point, the time being 11:31 p.m., the Commission moved to Item 12, Comments and Inquiries on Non-Agenda Items. 12. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 12.A. City Manager Terry Stewart, Interim City Manager stated he is trying to get financial reporting so that the Commission can track what things happen. Mr. Stewart stated he is working with the Chief Financial Officer on this and hopes to get this information to the City Commission in the near future. 44 06/17/14 Secondly, Mr. Stewart stated the City has good staff here; one of the things it seems that they are not used to and having to get used to is some significant oversight from the City Manager's office but staff is beginning to resolve that. Mr. Stewart stated staff is beginning to resolve that and he is starting to see some results. Mr. Stewart stated placement of fire station diesel fuel evacuation systems and has been industry standard since at least the 1980's and even the 1990's. Mr. Stewart stated this is to remove the exhaust fumes from the diesel engines apparatus within the fire stations. He stated this is a health issue and this could potentially cost the City $25 million to resolve. Mr. Stewart emphasized this is an urgent matter. Lastly, Mr. Stewart stated he hopes that these meetings will not continue to be as late as they are. He stated one of the things he is doing is getting the Agenda packets to the City Commission one (1) week ahead of time so they will have adequate time to review them. However, Mr. Stewart stated if the meetings continue to go on late he requested feedback from the City Commission as to whether or not they would like staff to have food brought in. Mr. Stewart stated he will bring back a recommendation to the City Commission on how to handle this. 12.B. City Attorney None. 12.C. City Commission 12.C.1. Mr. Jacquet Mr. Jacquet stated Saturday, July 12, 2014 he had the honor of having a Town Hall Congressman Ted Deutch, the Minister of Haitians Living Abroad and the Consulate General for Haiti based in Miami. Mr. Jacquet stated they came to the community to dialogue with the Haitian-Ameri can community as far as the relations between living here and family abroad. He stated it was very well attended and a number of elected officials from across Palm Beach County were there and he was very proud to have been there to help facilitate. Secondly, with respect to social media, Mr. Jacquet stated it has come to his attention that a particular site or particular individuals are using the cyber media to bully others and degrade some people in the community; especially the women. Mr. Jacquet stated he finds it abhorrent and even worse that a board member of someone involved in this city to a certain capacity would be involved in that sort of behavior. Mr. Jacquet stated it is not becoming of a board member to be participating in those kinds of things. Mr. Jacquet stated for people to be attacking residents and taxpayers on political issues makes no sense to him. Mr. Jacquet stated the City needs to move forward with some kind of understanding that the people that the City Commission appoints to boards and themselves that they hold to a higher standard and that they do not engage in the kind of behavior that makes them look is if they are less than what they should be. 45 06/17/14 12.C.2. Vice Mayor Petrolia Vice Mayor Petrolia stated she feels it is very important for the City Commission to discuss the All Aboard Florida project ("Not" All Aboard Florida) and requested that this be placed on an Agenda even if it is a Workshop item. Secondly, Vice Mayor Petrolia stated the applicants for board appointments are at an all-time low. She suggested that if anyone is interested it would be a good idea to get the applications in even if someone is not going to be nominated for another year the application stays active for two (2)years. With regard to social media, Vice Mayor Petrolia stated if you are reading something she feels it is very different than if you are actually engaging in it. Vice Mayor Petrolia stated she is on several sites because she keeps tabs on everything going on in this town. She stated just like when she is tuning into the news media at night she is watching what is going on in the world; it is not that she is condoning it or that she is involved in it, but it is because of the fact that it is important information. Vice Mayor Petrolia stated just like everyone who comes up to the podium and speaks before the Commission it is important that they listen to every single person. Vice Mayor Petrolia concurred with Commissioner Jacquet that she does not condone it either and reiterated that she is only on these social media sites to find out information. 12.C.3. Deputy Vice Mayor Jariura With regard to social media, Deputy Vice Mayor Jarjura stated it is fine for due diligence and feels you need to trust your source because some people delight in the fact of skewing rumors. Deputy Vice Mayor stated as far as reading it for research purposes is one thing; she expects bloggers, etc. to be as controversial as possible because that is their job. However, Deputy Vice Mayor Jarjura stated she expects her colleagues on the dais to support her and support each other and by liking or commenting on something that she finds offensive and distasteful, she does take offense to that. Secondly, Deputy Vice Mayor Jarjura requested an assessment of the exempt employees from overtime. She stated she has received several reports from residents and employees that the City has several employees that are engaging in significant amounts of overtime that are not entitled to overtime. Deputy Vice Mayor Jarjura requested an assessment of this. Deputy Vice Mayor Jarjura stated she would like the status regarding the Commission's Closed Door Session regarding the Police contract because the City Commission discussed having a follow-up meeting to discuss some of the issues that were raised. With regard to Code Enforcement, Deputy Vice Mayor Jarjura stated she agrees with Mayor Glickstein that her vote would have been different had the historic integrity of those homes that the City supposedly valued had been maintained. Deputy 46 06/17/14 Vice Mayor Jarjura requested that the City Manager do a blitz of all of the City's historic resources to make sure that this does not happen again. She concurs with the suggestion that there be a representative on Code Enforcement and the Historic Preservation Board (HPB) from one of our districts. Deputy Vice Mayor Jarjura concurred with Vice Mayor Petrolia comments that the City do an announcement about open advisor positions, what their qualifications are, and what the City is looking for through an email blast. With regard to an analysis of all the groups, Vice Mayor Jarjura stated they all do a great job, but she feels there is some redundancy. Vice Mayor Jarjura requested that these groups work together more cohesively so that the City will know what the impacts and profits are that provided to the City. She stated a lot of the events have attracted people outside the City and locals tend to almost run away from some of them. Deputy Vice Mayor Jarjura requested an analysis be done for the special events. Deputy Vice Mayor Jarjura stated from a design perspective anything above 20 feet they really should be concentrating on is the ground floor and activating the ground floor. She stated part of activating the ground floor is also the height of the ground floor and she agrees with that point and hopes the LDR revisions address it. Deputy Vice Mayor stated she would like staff to follow-up with Mr. Smith's comment regarding A-1-A and getting sidewalks built. Lastly, with regard to the LDR revisions, Deputy Vice Mayor Jarjura stated SOFA is a perfect example of looking at how the City can streamline its process because she feels the City Commission and boards are making decisions in a vacuum and it does not give clarity of process to those that want to be involved in the process. She stated different stakeholders and residents keep coming back for different meetings and it should be handled currently altogether and the City runs the risk of discord in development approvals. 12.C.4. Mr. Frankel Mr. Frankel stated the fireworks for the July 4th celebration were great with the exception of it being a little too crowded at A-1-A and Atlantic Avenue because of not only the booths but because there also people watching the fireworks who did not want to go on the beach. Secondly, Mr. Frankel stated he forwarded an email from Mr. Chris Hefferman about the parking issue on the barrier island. Mr. Frankel stated Mr. Hefferman made some good points and believes there are requirements that are not being met. The City Manager stated he will respond to Mr. Hefferman. Mr. Frankel stated he met with a few individuals about Human Powered Delray this week and they had some great ideas particularly with some areas regarding the alleys. Mr. Frankel encouraged the Interim City Manager to set up a meeting with them because he feels they have good ideas that would benefit the city. 47 06/17/14 With regard to food trucks, Mr. Frankel stated he wants to make sure that Salt Water Brewery is invited to that and it is not just the downtown businesses. The Interim City Manager stated it is a stakeholders meeting which includes everyone. Mr. Frankel requested an update on the fundraising of the Arts Garage and stated he would like to see how much they have raised in their quest to purchase the property. Lastly, with regard to social media, Mr. Frankel stated he concurs with comments expressed by Commissioner Jarjura and Commissioner Jacquet and finds that membership in any group whether it be online or not online that degrades women he does not agree with and it crosses the line. Mr. Frankel commented about examples of social media policies from other cities and counties and suggested that this needs to be addressed. 12.C.5. Mayor Glickstein Mayor Glickstein stated Miami Beach and Tallahassee have social media policies and emphasized those pertain to City employees. However, Mayor Glickstein stated relative to people who are representing the City (i.e. advisory boards, elected official, employees). Mayor Glickstein requested that the process for removing board members be changed and stated it is a majority that puts people on the board and it should be a majority that can remove someone from a board without any kind of procedural hearing. Secondly, with regard to All Aboard Florida and as a Board member of the Palm Beach County Metropolitan Planning Organization (MPO) and dealing with All Aboard Florida in different components, Mayor Glickstein stated the City is getting a one-sided part of the conversation and although he is not saying he supports this, but he feels there needs to be a more balanced presentation because this issue is very complex. Mayor Glickstein stated the cities that have signed the resolutions are more for Palm Beach County because they will see no benefit from even that Palm Tran type urban city- to-city passenger rail because they are mostly rural areas. Mayor Glickstein stated short- term nothing good is going to come from those trains. Secondly, Mayor Glickstein commented about the procurement with the Office of Inspector General (OIG). Mayor Glickstein requested that when the Interim City Manager is looking to refine the procurement process that instead of just at the department head level is talk to some of the other employees about what they are dealing with on a day-to-day basis and the City can incorporate some of their needs into whatever staff is doing on this procurement. The Interim City Manager stated staff has been open to those concerns and comments; however, some of the policy changes that were made with the new purchasing ordinance have inadvertently created some of this. The Interim City Manager stated when staff comes to the Commission with the changes that the Commission will feel comfortable with but right now he does not have the comfort level that everything is in order. 48 06/17/14 Mayor Glickstein stated the weekly report was most needed. There being no further business, Mayor Glickstein declared the meeting adjourned at 11:47 p.m. City Clerk ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on June 17, 2014, which Minutes were formally approved and adopted by the City Commission on City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above. 49 06/17/14 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST REGARDING AN INCREASE IN SIZE AND TIME FOR TEMPORARY SPECIAL EVENT NON-ROADWAY BANNERS FOR THE DELRAY BEACH PUBLIC LIBRARY 1. These waiver requests to allow an increase in size of temporary, special event non-roadway banners to exceed twenty (20) square feet in area and to allow an extension of installation period for the banners to exceed sixteen (16) days came before the City Commission on June 17, 2014. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver requests to allow special event non-roadway banners to exceed 20 sq. ft. in area and to hang for more than 16 days. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. 1. WAIVER: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other unique public/private partnership property for another applicant or owner. A. Waiver Request: 1) Pursuant to LDR Section 4.6.7(F)(3)(f)(4), the size of a temporary special event non-roadway banner must be limited to twenty (20) square feet in area. A waiver is requested to allow two banners, with each banner being one hundred and twenty six (126) square feet in area. Regular Meeting 06-17-14; Item 9.A Does the waiver request to increase the special event non-roadway banner size meet all of the requirements of 2.4.7(B)(5)? Yes ✓ No 2) Pursuant to LDR Section 4.6.7(F)(3)(f)(5), temporary special event non-roadway banners are allowed for fourteen-(14) days prior to the event and must be removed by the second day after the event. A waiver is requested to allow installation of the requested banners for a period of one (1) year. Does the waiver request to extend the installation period for the special event non-roadway banner meet all of the requirements of 2.4.7(6)(5)? Yes ✓ No 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds that there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves ✓ denies the waiver requests to LDR Section 4.6.7(F)(3)(f)(4) and LDR Section 4.6.7(F)(3)(f)(5). 2 6. Based on the entire record before it, the City Commission hereby adopts this Order this 17th day of June, 2014, by a vote of 4 in favor and 1 opposed. r' ATTEST: Ca lic stein, Mayor r Chevelle Nubin, City Clerk 3 AUGUST 5, 2014 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Cary Glickstein in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, August 5, 2014. 1. Roll call showed: Present - Vice Mayor Shelly Petrolia Commissioner Alson Jacquet Commissioner Adam Frankel Deputy Vice Mayor Jordana Jarjura Mayor Cary Glickstein Absent- None Also present were - Terry Stewart, Interim City Manager Noel Pfeffer, City Attorney Chevelle D. Nubin, City Clerk 2. The opening prayer was delivered by Reverend Kathleen Gannon. 3. The Pledge of Allegiance to the flag of the United States of America was given. At this point, Mayor Glickstein recognized and commended the heroic efforts of the City's Ocean Rescue Officers Justin Walton and Sherry Griffith who assisted with the successful rescue of two individuals clinging to a capsized boat sinking two miles off the beach with a third individual trapped under the vessel. The medical team was unable to revive one of the individuals; two were saved by the efforts of the City's Ocean Rescue Officers who exemplify the professionalism of the many public safety professionals working for the city. 4. APPROVAL OF MINUTES: Deputy Vice Mayor Jarjura moved to approve the Minutes of the Regular Meeting of June 3, 2014, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel — Yes; Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes. Said motion passed with a 5 to 0 vote. 5. PRESENTATIONS: A. None 08/05/14 At this point, the Commission moved to Comments and Inquiries on Agenda and Non-Agenda Items from the City Manager and the Public Immediately Following Presentations. 6.A. City Manager's response to prior public comments and inquiries. The Interim City Manager stated staff has been working on gathering information on social media policies from other communities and groups. He stated staff is putting together a draft/revision of the City's current policy which covers only City employees; it does not cover City Commissioners or any board members. The Interim City Manager stated staff will be looking to the Florida League of Cities and the Palm Beach County League of Cities for further guidance on that as well. Secondly, with regard to a previous concern expressed by Mayor Glickstein with regard to Committee appointments and removal procedures, the Interim City Manager stated staff has contacted the League of Cities and looked at other City processes for appointing and removing appointees. The Interim City Manager stated staff is compiling the information and will be discussing this with both he and the City Attorney for the City Commission's review. The Interim City Manager stated the City has been working with various organizations as well as some entrepreneurs with respect to the Business Accelerator Incubator Program. The Assistant City Manager and Economic Development Director have met with the Library and the CRA to review approaches to support for getting their Incubator Program in place and staff is working to make that happen. With regard to a concern expressed by Deputy Vice Mayor Jarjura regarding the status of a list of special events, the Interim City Manager stated a list of events from 2007 through July 2014 is being compiled (i.e. number, location, type, cost of the event, etc.). The Interim City Manager stated once the fiscal year-end report is compiled Ms. Davis will forward the report to him and he will share this with the Commission. With regard to concerns expressed by Ms. Morrison regarding the historic district, the Interim City Manager stated the Planning and Zoning staff has met with the City Manager and discussed the heightened awareness of potential Code Enforcement issues in historic districts. Staff has provided a copy of the City of West Palm Beach Chronic Nuisance Ordinance. The Interim City Manager stated Delray's Code Enforcement is putting together a revision to their service provision profile and he has asked them to put together a program that will help them manage the historic district sites much better and not run into the situation that we had before. With regard to Mr. Smith's presentation on July 21, 2014 Planning and Zoning Board meeting regarding S.A.F.E.'s twenty-five (25) recommended revisions to the Land Development Regulations, the Interim City Manager stated these recommendations have been shared with Treasure Coast Planning and they are revising the City's downtown LDRs. The Interim City Manager a presentation for the January 14, 2 08/05/14 2015 City Commission Workshop meeting has been tentatively scheduled because January 2015 is the earliest that the S.A.F.E. representatives are available for the Workshop. With regard to a previous concern expressed by Dr. Kirson about Special Activities Districts (SAD's), the Interim City Manager stated Dr. Kirson talked about Delray Place and he came before the Planning and Zoning Board and Delray Place was denied as a Special Activities District. The Interim City Manager stated Special Activities Districts are established per individual projects and most development regulations are negotiated and put forth by individual ordinance. The Interim City Manager stated the Planning and Zoning staff has concerns over the consistency and predictability of projects that utilize the SAD process. With regard to a previous concern expressed by Deputy Vice Mayor Jarjura regarding LDR revisions and activating the ground floor heights and activating the ground floor of buildings, the Interim City Manager stated the Planning and Zoning staff along with Treasure Coast is paying close attention to the activation of the ground floor of buildings and the minimum floor to ceiling heights in the downtown LDR revisions improving the quality of the public ground through enhanced sidewalk widths and streetscaping is a top priority of the LDR revisions. With regard to streamlining and making the development review process more thorough, the Interim City Manager stated the revisions address the project review process where it pertains to increases in height and density. The Interim City Manager stated when there is a more consistently applicable set of rules that will help with the process to a great degree. He stated the request for increased height and density goes through a bonus review program via the site plan review. The Interim City Manager stated these revisions also recommend the creation of a Joint Downtown Advisory Board with representation of the CRA, Pineapple Grove, Main Street, etc. The Interim City Manager stated currently the LDR revisions are being presented to the advisory boards. The presentation and the recommendations are scheduled for August 18, 2014 at the Planning and Zoning Board for discussion only. The LDR revisions will go back to the Planning and Zoning Board to a Special meeting September 2014 for recommendations of the City Commission. The Interim City Manager stated depending on the results of the September Planning and Zoning Board meeting, staff anticipates a first reading of the revised LDRs at the City Commission meeting in October 2014. With regard to an assessment of exempt employees for overtime, the Interim City Manager stated as late as yesterday the Human Resources Director sent out a message to the department directors advising them that exempt employees are not eligible for overtime pay nor are they eligible for compensatory time off in lieu of overtime. Deputy Vice Mayor Jarjura expressed concern that there are exempt employees working a significant amount of off-hours (i.e. weekends/paid holidays, and beyond the 8-5) 3 08/05/14 because it has been brought up to her and other residents numerous times that there is abuse at that level. The Interim City Manager stated he will look into this. With regard to a previous concern expressed by Mr. Frankel regarding the fundraiser of the Arts Garage, the Interim City Manager stated the City Attorney is contacting the Arts Garage Board to find out the status and progress of the fundraising. The Interim City Manager stated Mr. Ganger who is a Member of the Rising Waters Task Force (a group of concerned citizens that began in 2014 to come up with recommendations for local actions to reduce the social/environmental economic impacts of flooding due to extreme rain events, tides, storm surge and sea-level rise. The Interim City Manager stated the City Commission's comments and suggestions at the January 2014 Workshop meeting are considered the genesis of the Rising Waters Task Force; the Task Force has met five (5) times in the city and the Sustainability Officer has been serving as the City's liaison to the Task Force in providing technical assistance to them. The Interim City Manager stated the Task Force plans to present a report with their recommendations to the City Commission in April 2015 and their next meeting is scheduled for August 7, 2014 at the Environmental Services Department. The Interim City Manager stated the City has invited All Aboard Florida to a September 2014 City Commission Workshop meeting so that in depth discussion with them and the City Commission can take place. With regard to concerns expressed by Castillo and Mr. Humanik, the Interim City Manager stated staff presented a comprehensive review of the potential parking management fund in January which included a fee-based component. Staff will go back to the City Commission to present a fee-based parking program and seek direction on implementation. With regard to Mr. Knight's suggestion about having a change machine for the parking meters, the Interim City Manager stated staff is researching options and currently a budget of approximately $10,000 should be sufficient to purchase and install such machines. The Interim City Manager these change machines are needed and he will follow up with staff regarding this. With regard to Deputy Vice Mayor Jarjura's previous suggestion about getting sidewalks on A-1-A, the Interim City Manager stated staff has contacted FDOT but does not have a definitive answer at this time. However, the Interim City Manager stated staff will follow-up and get back to the Commission once a determination is made. The Interim City Manager stated the Police policy over parking prohibits parking if there are "No Parking" signs. The Interim City Manager stated moving forward the City will be reviewing/updating its current policy for installation of "No Parking" signs. He stated "No Parking" sign installations will be halted until this review 4 08/05/14 is complete. The Interim City Manager informed the Commission that there is some discussion that the City is doing this in violation of the current traffic code on signs. The Interim City Manager stated people are interpreting that it has to have a traffic study before putting up a "No Parking" sign but this is not accurate. Staff will come back to the City Commission with a recommendation. The Interim City Manager stated Republic is not doing any garbage service in the city but it appears that the Solid Waste Authority (SWA) hired Republic to service recycling containers in public places that are located in approved areas which are provided for by SWA. The Interim City Manager stated the City has not documented any activity on Swinton Avenue by Republic and he believes the area where this was reported having been seen is close to a County area. The Interim City Manager stated Deputy Vice Mayor Jarjura previously spoke about the blitz of historic resources and Mayor Glickstein's expressed concern about Code Enforcement and priorities, the Interim City Manager stated this relates to the same issue staff is working on comprehensive redeployment of Code Enforcement. The Interim City Manager stated one of the terms that will commence as of August 11, 2014 is a full scale blitz with each historic district to identify and catalog properties that need attention. He stated once staff has done this, they will work with the property owners to gain compliance or issue violations if necessary. The Interim City Manager stated he will be bringing some recommendations forward to the City Commission about how to make the City's enforcement more reliable. 6.B. From the Public. 6.B.1. Dr. Victor Kirson, D.D.S., 2050 Alta Meadows Lane #2110, Delray Beach, FL 33444 (President of the Board of Directors of Tierra Verde at Delray Beach and Member of the Alliance), commented about Item 9.C., Settlement, Release and Non-Disclosure Agreement/Vincent Gray. In his opinion, Mr. Gray does not do anything wrong or say anything wrong, he gives no slack to anyone who violates the law, and if the law is violated he hangs in there until it is proven right. 6.B.2. Jim Smith, 1225 South Ocean Boulevard, Delray Beach, FL 33483 (Chairman of S.A.F.E.), stated this past Sunday and yesterday at a meeting that S.A.F.E. President Charlie Bonfield and he had with Metropolitan Planning Organization Location West Palm Beach Executive Director Nick Uhren and tonight S.A.F.E. announces its full support for All Aboard Florida and its commitment to a sealed corridor as recommended by the FRA and enriched by FDOT. Mr. Smith stated a sealed corridor means that there will be quiet zones at a reasonable cost for municipalities and there will no longer be fatalities at intersections. 6.B.3. Betty Goodman, 930 S.W. 11th Terrace, Delray Beach, FL 33444, commented about the overgrown grass at 8t Avenue and 10 (west of Spady) and asked that the City cut the grass area while they cut the retention pond. 5 08/05/14 6.B.4. K.C. Traylor, Palm City, Florida, Florida "Not" All Aboard, stated with regard to the safety of the high-sealed corridors; there are 236 crossings between Miami and St. Lucie County; 114 of those are in Palm Beach County but only 19 of those crossings will meet the sealed corridor requirements. Ms. Traylor invited everyone to an informational forum about the All Aboard Florida Project and stated they will be hosting this at the Delray Beach Public Library on August 23, 2014 from 9:00 a.m. — 10:30 a.m. Ms. Traylor stated she spoke with the Transportation Manager from Tri-Rail in regards to Tri-Rail moving to the FEC line and freight traffic moving to the CSX line. She stated All Aboard Florida will use the FEC corridor that bisects downtown Delray Beach and Tri-Rail currently uses the CSX lines mainly west of I-95. Ms. Traylor stated CSX and FEC have yet to reach an agreement even though two connector lines (one in Miami and one in West Palm Beach) has been appropriated and is planned through FDOT in the next three (3) years. However, if the agreement does come to fruition some freight will remain on FEC line to service some of the customers along this line. Ms. Traylor stated in addition to the 32 high-speed All Aboard Florida trains there will be 24-26 tri-rail trains so there will be approximately 56-58 trains traveling through Delray Beach daily plus freight. Ms. Traylor stated to date Tri-Rail does not have an official agreement with FEC to gain official access to their corridor. Ms. Traylor stated until an access agreement is signed, Tri-Rail cannot project the amount of money needed from the communities to see if they can even afford to add this service. 6.B.5. Allen Rossin, Attorney speaking on behalf of Ralph Phillips regarding Item 9.C., stated Mr. Phillips is an Assistant retired Chief with the City of Delray Beach Police Department serving with distinction and honor throughout his 29 years. Mr. Rossin stated the allegations against Mr. Phillips all relate to his conduct as an Assistant Chief and this investigation has been ongoing for several years. Mr. Rossin stated while the City provided defense to itself and Chief Strianese, it has refused to provide a defense to retired Assistant Chief Phillips for any of his legal fees which he has paid out of his own pocket. Mr. Rossin stated they have filed a cross claim seeking reimbursement over his legal fees. Mr. Rossin stated this right of reimbursement is based upon long established common law principles which requires that a governmental agency must reimburse its employees for claims based upon and rising out of their duties even if it does agree with those actions. In addition, Mr. Rossin stated it is also based upon Florida Statutes Section 111.07 which provides for reimbursement to an employee of any governmental entity. In addition, he commented about a 4th District Court of Appeals case which governs the jurisdiction and in that case the City is required mandate about the 4th DCA to pay for the City's, Mayor's, and Attorney's fees in that case. Mr. Phillips has provided to the Commission a packet which sets forth the allegations which he requests the City to review before making any approval. 6.B.6. Chuck Ridley, 210 N.W. 2nd Avenue, Delray Beach, FL 33444, stated Delray Beach has had a tough relationship within the African-American community and its Police Department and as Afri can-Americans progress up the ranks it would reach the rank of Captain and the African-American believes the position that they were seeking comes back into play. Mr. Ridley stated many citizens who live in the northwest/southwest sections are seeking answers to what appears to be unfair process 6 08/05/14 and he urged City Commission to look into this to see if this is unfair and whether or not the community's perceptions are wrong. 6.11.7. Alan Schlossberg, 200 MacFarlane Drive #N-502, Delray Beach, FL 33483, stated he is disappointed in S.A.F.E. for taking such a narrow position about the trains and the traffic this will create in Delray Beach. Mr. Schlossberg read a poem into the record and urged the Commission to consider a resolution and hold a Workshop meeting to discuss the pros and cons with regard to All Aboard Florida. 6.11.8. Dr. Josh Smith, 3616 Avenue De Gien, Delray Beach, FL 33445, commented about Sober Houses and stated he understands that it makes it extremely difficult for City departments to be effectively counter the types of things that go on there. Dr. Smith stated there is a phenomenal amount of cash involved that probably holds a significant factor with regard to the difficulty that the City and County is attempting to deal with sober houses. He stated Code Enforcement and the Police Department are extremely frustrated as well. Dr. Smith requested that the Code Enforcement Department and Police Department re-review their policies to ensure that there are no loops holes that can be exploited in dealing with this. 6.11.9. Pauline Moody, 609 S.W. 8th Avenue, Delray Beach, FL 33444, thanked Mr. Stewart for addressing her comments from the last meeting regarding the hiring of Republic to do the City's recycling. Secondly, Ms. Moody commented about Mr. Gray's settlement and asked why Item 9.C. is on the Agenda. 6.11.10. Alice Finst, 707 Place Tavant, Delray Beach, FL 33445, commented about the trains and suggested that the City do a trial run through the city on both sides of the railroad tracks and produce a schedule with tracks and shutdowns so that the City can actually see it before agreeing to it. 6.11.11. Jim Knight, 10 S.E. 1St Avenue, Delray Beach, FL 33444, thanked everyone for getting involved for Children in Need event and stated it was a great turnout. At this point, Commissioner Jacquet recognized a student present this evening whose parents grew up here but are currently in New Jersey; a 10th grader gifted student who is part of the Model Congress Program which is the Legislative Program from Memorial High School in New Jersey. 7. AGENDA APPROVAL. Deputy Vice Mayor Jarjura requested that Item 8.11., Increase Spending Limit/Classic Auto Collision be moved to the regular agenda as Item 9.A.A., Item 8.D., Increase Spending Limit/Hector Turf, be moved to the regular agenda as Item 9.A.A.A., and Item 8.C., Increase Spending Limit/Southeast Truck Specialist be moved 7 08/05/14 to the regular agenda as Item 9.A.A.A.A. Mr. Frankel moved to approve the Agenda as amended, seconded by Vice Mayor Petrolia. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet—Yes. Said motion passed with a 5 to 0 vote. 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. ON-LINE AUCTION WEBSITE/ GOVDEALS.COM: Approve the sale of assets with an estimated market value greater than $10,000.00 through the on-line auction website GovDeals.com. This is in compliance with Code of Ordinances, Chapter 36, Section 36.08 (C), "Disposal of Non-Real Property; Market Value Greater than Ten Thousand Dollars ($10,000.00)". Funding is available from 501-3311-591-34.90 (Garage Fund: Other Contractual Service). 8.11. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A. 8.C. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A.A.A. 8.D. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A.A. 8.E. PROJECT AGREEMENT/FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION/CLEAN VESSEL ACT GRANT PROGRAM: Approve a Project Agreement between Florida Department of Environmental Protection and the City of Delray Beach for the Clean Vessel Act Grant Program for reimbursable funding in the amount of $10,959.36 for maintenance and repairs at the Municipal Marina. 8.F. FIRST AMENDMENT TO THE EMPLOYMENT AGREEMENTANTERIM CITY MANAGER TERRANCE STEWART: Approve the First Amendment to the Employment Agreement with Interim City Manager Terrance Stewart to extend the term of the agreement in order to allow sufficient time for the City Manager recruitment. 8.G. PROCLAMATIONS: 1. Water Professionals Month—August 2014 8.11. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period July 14, 2014 through July 25, 2014. 8 08/05/14 8.I. AWARD OF BIDS AND CONTRACTS: 1. Bid award to Pro Courts (Bid No. 2014-31) in the amount of $31,818.00 for the resurfacing of seven (7) Har-Tru clay courts at the Swim and Tennis Club and six (6) Hydroblend clay courts at the Tennis Center. This is in accordance with Code of Ordinances, Chapter 36.03 (A), "Acquisitions of Twenty-Five Thousand Dollars ($25,000.00) or Greater". Funding is available from 334- 4145-572-46.90 (General Construction Fund: Repair & Maintenance Services/Other Repair/Maintenance Costs). 2. Purchase award to Garber Chevrolet (FSA Contract #13-210904) in the amount of $40,206.00 for two (2) replacement vehicles that have exceeded their life expectancy, reached life-to-date repair costs at or beyond 100% of their original cost, and have accrued excessive mileage, beyond 100,000 miles. This award is in compliance with Chapter 36, Section 36.02(C)(7)(a), "Utilization of Other Governmental Entities' Contract". Funding is available from 501-3312-591-64.20 (Garage Fund: Machinery/Equipment/Automotive). 8.J. LETTER OF SUPPORT/JUSTICE ASSISTANCE GRANT (JAG) FUND: Authorize the Mayor to sign a letter in support of funding allocations for Countywide Justice Assistance Grant(JAG)funds for FY 2015. (ADDENDUM) Deputy Vice Mayor Jarjura moved to approve the Consent Agenda as amended, seconded by Vice Mayor Petrolia. Upon roll call the Commission voted as follows: Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Mr. Jacquet— Yes; Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote. 9. REGULAR AGENDA: 9.A.A. INCREASE SPENDING LIMIT/CLASSIC AUTO COLLISION: Approve an increase to the spending limit for Classic Auto Collision to $45,000.00 for repairs to the City's vehicles. This purchase award is in compliance with Code of Ordinances, Chapter 36, Section 36.03 (B), "Multiple Acquisitions From Vendor Exceeding Twenty-Five Thousand Dollars ($25,000.00) in Any Fiscal Year". Funding is available from 501-3311-591-52.52 (Garage Fund: Operating Supplies/C.G. — Outside Service). Deputy Vice Mayor Jarjura clarified that this is before the Commission because it exceeds the minimum threshold and it would need retroactive approval. She stated she is glad that staff is correcting it; however, Deputy Vice Mayor Jarjura stated whether this is on the Consent or Regular Agenda she feels it should be clearly noted on the Agenda that items such as these are for retroactive approval. The Interim City Manager stated the City has had an ongoing issue about purchasing and what the City's 9 08/05/14 practices have been in the past. The Interim City Manager stated it was discovered that there was a lack of reporting tools that would allow staff to find out information they needed before they went ahead and made an order as to whether or not they would exceed the amount. The Interim City Manager stated over the last several weeks staff has worked very hard to put together a set of reporting tools that gives the ability to identify those areas where there are vendors where the $25,000 amount has been exceeded or whether there is not an approval to exceed the $25,000. Staff will be coming back to the Commission to ask for retroactive approval because everything that was supposed to have been in order to make the purchases has been done except for seeking Commission approval. Deputy Vice Mayor Jarjura stated she appreciates the acknowledgement that the City is working to comply with the procurement code and any deviations from that procurement code are going to be brought to the Commission and disclose it. Vice Mayor Petrolia stated she appreciates that the Interim City Manager is bringing these things before the City Commission. She expressed concern that the City of Delray Beach has experienced an unusually high number (more than 30) of truck accidents resulting in body repair shops and asked where the accidents are happening and are these City vehicles or Police Department vehicles. The Interim City Manager stated staff will get a response for Vice Mayor Petrolia and noted that he will be advertising for a Purchasing Manager. Deputy Vice Mayor Jarjura moved to approve Item 9.A.A. (formerly Item 8.11.), seconded by Vice Mayor Petrolia. Upon roll call the Commission voted as follows: Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Mr. Jacquet— Yes; Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote. 9.A.A.A. INCREASE SPENDING LIMIT/HECTOR TURF: Approve an increase to the spending limit for Hector Turf to $40,000.00 for lawn mower and tractor repair parts related purchases. This purchase award is in compliance with Code of Ordinances, Chapter 36, Section 36.03 (B), "Multiple Acquisitions From Vendor Exceeding Twenty-Five Thousand Dollars ($25,000.00) in Any Fiscal Year". Funding is available from multiple accounts. Deputy Vice Mayor Jarjura stated her comments are the same as the previous item. Mr. Jacquet stated he understands the concern that when doing something retroactively it should come before the Commission; however, after the Interim City Manager's explanation it makes sense that this is really a housekeeping issue. Deputy Vice Mayor Jarjura moved to approve Item 9.A.A.A. (formerly Item 8.C.), seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — 10 08/05/14 Yes; Deputy Vice Mayor Jarjura—Yes. Said motion passed with a 5 to 0 vote. 9.A.A.A.A. INCREASE SPENDING LIMIT/SOUTHEAST TRUCK SPECIALIST: Approve an increase to the spending limit for Southeast Truck Specialist to $35,000.00 for repairs to the City's emergency vehicles. This purchase award is in compliance with Code of Ordinances, Chapter 36, Section 36.03 (B), "Multiple Acquisitions From Vendor Exceeding Twenty-Five Thousand Dollars ($25,000.00) in Any Fiscal Year". Funding is available from 501-3311-591-52.52 (Garage Fund: Operating Supplies/C.G. —Outside Service). Vice Mayor Petrolia inquired about a transaction amount of $15,399.00. Randal Krej carek, Director of Environmental Services, stated staff will get the information and report back to the Commission. Vice Mayor Petrolia moved to approve Item 9.A.A.A. (formerly Item 8.D.), seconded by Deputy Vice Mayor Jarjura. Upon roll call the Commission voted as follows: Vice Mayor Petrolia—Yes; Mr. Jacquet—Yes; Mr. Frankel —Yes; Deputy Vice Mayor Jarjura—Yes; Mayor Glickstein—Yes. Said motion passed with a 5 to 0 vote. 9.A. APPEAL OF SITE PLAN REVIEW APPEARANCE BOARD'S DECISION: G. SQUARED VENTURES, LLC.: Consider an appeal by G. Squared Ventures, LLC., of the Site Plan Review and Appearance Board's Decision to approve a requested color change for a commercial building located at 96 S.E. 6th Avenue. (Quasi- Judicial Hearing) Mayor Glickstein read the City of Delray Beach Quasi-Judicial rules into the record for this item and all subsequent Quasi-Judicial items. The City Clerk swore in those individuals who wished to give testimony on this item. Mayor Glickstein asked the Commission to disclose their ex parte communications. Mr. Jacquet stated he had no ex parte communications. Vice Mayor Petrolia stated she spoke to the applicant. Mayor Glickstein stated he had no ex parte communications. Deputy Vice Mayor Jarjura stated she spoke to the applicant, conference call with Mr. Dana Little and also via email. Mr. Frankel stated he had no ex parte communications. Dana Little, Director of Planning and Zoning, stated this item is the appeal of the Site Plan Review and Appearance Board (SPRAB) decision for G. Squared Ventures, LLC and the subject property is located at the northwest corner of S.E. 6th Avenue and S.E. 1st Street. Mr. Little stated the initial request was to change wall colors from a light pink to a yellow mustard color with light grey color for the columns, banding and roof canopy. At its meeting of April 23, 2014, the Site Plan Review and Appearance Board (SPRAB) reviewed and postponed the color change and recommended the applicant tone down the yellow mustard color and consider eliminating the proposed 11 08/05/14 circles displayed on the building elevations. On May 14, 2014, the applicant resubmitted the color change request and the applicant toned down the color that advertised the number "98" which is the address of the business. On June 11, 2014, the applicant resubmitted the color change for a third time eliminating the circle features, toned down the yellow mustard color replacing it with a subdued light yellow color, but maintained the grey color on the barrel tile of the roof canopy. After lengthy discussion, the Board denied the color change with a 3 to 2 vote (Jose Aguila and James Knight in favor of the request and Rustem Kuppi, Terra Spero and Alice Finst against the color change request). Staff recommends City Commission discretion for the color change. Gavin Robin, 98 S.E. 6th Avenue, Delray Beach, FL 33483 (applicant), stated they are a full service ad agency which services many clients on a national level. Mr. Robin stated the outside of their building should reflect who they are and he explained that they are mimicking the restaurant across the street which is a yellow building with a grey awning. He stated they are modernizing the building so that the inside of the building is aligned with the outside of building. Mayor Glickstein stated if anyone from the public would like to speak in favor or in opposition of the appeal of SPRAB's decision for G. Squared Ventures, LLC, to come forward at this time. There being no one from the public who wished to address the Commission, the public comment was closed. There was no cross-examination. There was no rebuttal. Vice Mayor Petrolia stated she went to the site and feels that what is currently there is offensive. She stated by this business bringing in local and international clients, she feels the City should allow the outside to reflect the inside. Vice Mayor Petrolia stated she does not find anything offensive about it and does not have a problem with the applicant's first choice or his second choice in going forward. Deputy Vice Mayor Jarjura concurs with comments expressed by Vice Mayor Petrolia and stated she supports either plan. Mr. Frankel inquired as to why staff has recommended Commission discretion with respect to this item. In response, Mr. Little stated there is no finding of fact and no true measureable criteria by which staff can make a recommendation to the City Commission and say that with no uncertainty that staff is confident that this is the right decision. Mr. Little stated this is a subjective decision. Mr. Frankel stated he does not see anything wrong with the proposal and concurs with Deputy Vice Mayor Jarjura that it should not be made difficult for businesses but feels the city should encourage them. Mr. Jacquet expressed concern that the recommendation of this item is City Commission discretion. Mr. Jacquet expressed concern that the City Commission 12 08/05/14 nominates people that are qualified and have a specific area of expertise to serve on SPRAB and their specific responsibility is to look at color and whether it is compatible. Mr. Jacquet stated this building is unique and the art on the building will reflect the inside of the building and it is unique to the downtown. The Interim City Manager stated if there is a concern that people are going through this process of people going through SPRAB and it being overbearing in some way, he asked the Commission if they have any recommendations on any modifications. Mayor Glickstein stated the architecture is so dated that he disagrees with SPRAB in taking out those elements which somewhat diminish that dated look (i.e. the circles in particular where those circles are placed in relation to the stucco that make up the arches to the windows; and, the numbers). Mayor Glickstein stated he supports this based on the original design and suggested that the paint color be a tone down yellow. He stated the applicant's idea furthers the goal of taking your eye away from the dated nature of the architecture which appears to not be changing at all. Mr. Little stated there are no physical changes to the building except for the inside and the landscaping. Mayor Glickstein asked the applicant which of these design elements he would prefer. Mr. Robin stated he prefers the design that has more character(the 98 with the circles). Mr. Little stated he was not present at the SPRAB meeting. However, Mr. Little stated this raises the question as to whether or not this city wants to regulate color; some cities do and some cities do not. Mayor Glickstein asked Mr. Little with respect to the Board Order whether or not this is compatible and adds to the area or does it detract from the area. In response, Mr. Little stated he does not believe any of the versions that have been brought forward detract from the area especially considering the criteria by which they must be measured; he does not see how the paint job on this building which would provide some unique character and freshness, in any way detracts from fitness, harmony, or spaciousness of the city. Therefore, Mr. Little stated he would support any of the exhibits. It was the consensus of the Commission to support Exhibit#1. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mr. Jacquet moved to approve the Board Order and Exhibit #1, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Jacquet—Yes; Mr. Frankel — Yes; Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia—Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:30 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. 10. PUBLIC HEARINGS: 13 08/05/14 10.A. PUBLIC COMMENTS/FY 2014 PROPOSED BUDGET: The City Commission will hear public comments, if any, regarding the FY 2014 Proposed Budget at this time. The following individuals gave public comment on the fiscal year 2014 proposed budget: Dr. Victor Kirson, D.D.S., 2050 Alta Meadows Lane #2110, Delray Beach, FL 33444 (President of the Board of Directors of Tierra Verde at Delray Beach and Member of the Alliance), stated the tennis tournament contract is poorly written and suggested that the City sell the entire facility privately. Jim Smith, 1225 South Ocean Boulevard, Delray Beach, FL 33483 (Chairman of S.A.F.E.), urged the Commission to add a traffic engineer position to the budget and stated the Atlantic Crossing report suffered by not requiring a traffic count and a future traffic plan. He feels this would not have been the case if the city had done an in-house traffic study performed by a qualified traffic engineer. Mr. Smith suggested that the new position be funded by eliminating budgeted funds for outside traffic studies budgeted in the Planning and Zoning and Environmental Services proposed budget and by charging future developers for a traffic study that the city performs. He urged the Commission to let the voters decide whether or not they want to pay for an internal audit position by a Charter vote in March and suggested that the city check with the City of Sarasota (a city of comparable size). Mr. Smith commented about the money that has been spent on the tennis center every year for the last 20 years and he suggested that the private sector take over the operations of the tennis center. He suggested that the Commission appoint the Mayor to renegotiate with the goal of reducing the city's annual cost exposure from $2 million to $1 million or hire an outside negotiated who understands tennis operations to do this for the city. Christina Morrison, 2809 Florida Boulevard Apt. #207, Delray Beach, FL 33483, stated she concurs with comments expressed by Mr. Smith for the City to hire an internal auditor. Secondly, Ms. Morrison gave a few brief comments on the budget and ad valorem tax dollars. She stated approximately 1,000 properties generate no ad valorem tax dollars and another 6,000 of the property parcels generate $200 or less in ad valorem tax dollars creating a burden on the employers located in the city. Also, there are multiple layers of administrative cots affecting the downtown area (i.e. City, CRA, DDA, DBMC all creating duplication of administrative costs in this area of the city). She stated this is causing a heavy tax burden on the downtown property owners making it very difficult for the downtown businesses to stay competitive with other municipalities in Palm Beach County and along the Gold Coast. Ms. Morrison briefly commented about the Parks and Recreation Department budget and stated the Parks and Recreation Department accounts for over 16% of the City's expenses and only generates 1.2% of the City's income. She stated the beach had 1.8 million visitors in 2013 making this the most used park in the city. 14 08/05/14 Yvonne Odom, 3905 Lowson Boulevard, Delray Beach, FL 33445, supports the recommendation of a study for the tennis center and does not want to see the City get rid of it. Ms. Odom stated here are grant opportunities from the State of Florida and noted the future is in tennis. Ms. Odom urged the Commission to look at ways the City can make the tennis center profitable. Secondly, Ms. Odom commented about the budget for the Boys and Girls Club ($0425,000) and stated there should be a compromise somewhere in the middle because they are servicing Delray kids. She stated there should be money at the table so that the City can make some demands for the kids because they are the charity of major league baseball and neither league do they participate with. Ms. Odom stated that might be some leverage the City can use so that the Boys and Girls Club can get kids involved in baseball. At this point, the time being 7:41 p.m., the Commission moved to Item 10.11., Ordinance No. 19-14. 10.11. ORDINANCE NO. 19-14 (SECOND READING): Consider an amendment to the Land Development Regulations (LDR), by amending Article 4.6, "Supplemental District Regulations", Section 4.6.9, "Off-Street Parking Regulations", Subsection (E), "Locations of Parking Spaces", Sub-Subsections (3), "In-Lieu Fee" and (4), "Public Parking Fee", to reflect fee changes for same. The caption of Ordinance No. 19-14 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING ARTICLE 4.6, "SUPPLEMENTAL DISTRICT REGULATIONS", SECTION 4.6.9, "OFF-STREET PARKING REGULATIONS", SUBSECTION (E), "LOCATIONS OF PARKING SPACES", SUB-SUBSECTIONS (3), "IN- LIEU FEE", AND (4), "PUBLIC PARKING FEE", TO REFLECT FEE CHANGES FOR SAME; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 19-14 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. 15 08/05/14 Randal Krejcarek, Director of Environmental Services, stated this ordinance is for changing the in-lieu and public parking fees which is an incentive for development in the core business area. Mr. Krejcarek stated there are four (4) areas: (1) east of the Intracoastal, (2) area between the Intracoastal and 1st Avenue, (3) Pineapple Grove OSSHAD area, (4) West Atlantic area. He stated this ordinance will combine Areas 1 & 2 which will now be Area 1, Area 3 will now be Area 2, and Area 4 is now Area 3. Mr. Krejcarek stated the change that is being proposed is the combination of Areas 1 & 2. Although it is not part of second reading of this ordinance, Mr. Krejcarek displayed an alternative that was presented at the last Pineapple Grove Main Street Board meeting about providing incentives for the area referred to as Artists Alley (northeast corner of Pineapple Grove Way). He stated there was discussion at the meeting to keep those rates similar to what is being proposed in Area 3 and the lower area of Area 1 (south of S.E. 2nd Street)to incentivize that area and keep that the same as Area 3. Mayor Glickstein asked if the Commission can consider anything that was not part of the first reading. The City Attorney stated the Commission cannot consider the second alternative because the City has to notice the people affected. With respect to the color chart, Mayor Glickstein clarified that one and two are combined and Pineapple Grove and West Atlantic are still as they were. Mayor Glickstein stated the Pineapple Grove Main Street Board (PGMSB) requested that the parking alley remain at the current rate and there was also some recommendation to extend that south of Atlantic Avenue along Swinton Avenue. Mr. Krejcarek stated they were looking for a way to incentivize the Artists Alley area. Mayor Glickstein stated the fee increases are long overdue in terms of what it cost for an in-lieu payment relative to the cost of a parking space. Mr. Krejcarek stated Area 2 has a fair amount of public parking spaces available. Mayor Glickstein stated the increases are reasonable but are very low and the cost of producing those parking spaces will continue to escalate. Mr. Jacquet stated when this was first discussed he brought up the S.E. 2nd Street portion because he felt we needed to incentive that area. Therefore, Mr. Jacquet stated he supports the portion south of S.E. 2nd Street to S.E. 4th Street and putting that into Area 3 (although he realizes this is not what is before the Commission this evening). Mayor Glickstein declared the public hearing open. Jim Knight, 10 S.E. 1" Avenue, Delray Beach, FL 33444, stated he agrees with comments expressed about the third map; however, he suggested starting it at 2nd Street to the convenience store on the corner to help this industrial area. In addition, Mr. Knight suggested that the concrete pillars be taken out along the railroad tracks and public parking be put in this area. There being no one else from the public who wished to address the Commission regarding Ordinance No. 19-14, the public hearing was closed. Mr. Krejcarek suggested that the Commission move forward with what is in front of the Commission tonight but that staff would modify the ordinance to include 16 08/05/14 the alternative area. After brief discussion, the majority of the Commission (with the exception of Commissioner Frankel) stated they support moving this forward with staff to revisit the Pineapple Grove area. Mr. Jacquet moved to approve Ordinance No. 19-14 subject to staff revisiting the Pineapple Grove area, seconded by Deputy Vice Mayor Jarjura. Upon roll call the Commission voted as follows: Mr. Frankel — No; Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Mr. Jacquet — Yes. Said motion passed with a 4 to 1 vote, Commissioner Frankel dissenting. 10.C. ORDINANCE NO. 22-14 (FIRST READING/FIRST PUBLIC HEARING): Consider an amendment to the Land Development Regulations (LDR) of the City of Delray Beach, establishing a temporary building moratorium on facilities offering the retail sale or transfer of dogs and/or cats as further defined herein for a period of six (6) months from the date of adoption of this ordinance; providing for geographic area covered; providing for the duration of moratorium. If passed, a second public hearing will be held on August 19, 2014. The caption of Ordinance No. 22-14 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, ESTABLISHING A TEMPORARY BUILDING MORATORIUM ON FACILITIES OFFERING THE RETAIL SALE OR TRANSFER OF DOGS AND/OR CATS AS FURTHER DEFINED HEREIN FOR A PERIOD OF SIX (6) MONTHS FROM THE DATE OF ADOPTION OF THIS ORDINANCE; PROVIDING FOR GEOGRAPHIC AREA COVERED; PROVIDING FOR THE DURATION OF MORATORIUM; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 22-14 is on file in the City Clerk's office.) A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The City Attorney read the caption of the ordinance and stated the version has been modified to read"retail shops offering for sale dogs and cats" do not affect retail shops that offer for sale pet accessories, supplies, grooming services, or other types of 17 08/05/14 animals. The City Attorney stated the reason for this moratorium is because it is the merging field of these regulations across the country and Florida. Furthermore, the City Attorney stated many local governments are enacting them and also to monitor an emerging field of litigation so there is better direction on what the parameters and scope of what type of an ordinance the City will enact so that it is defensible and enforceable as possible. Mayor Glickstein declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 22-14, the public hearing was closed. Mr. Frankel asked how many retail establishments are in Delray Beach. The City Attorney stated he believes there is one. Mr. Frankel stated he respects the work that staff has done regarding this ordinance; however, he stated he feels this is a Federal issue. The City Attorney stated he is not taking any position on whether or not the Commission votes to approve or not approve the final ordinance but the purpose of this moratorium is to allow time so whatever that ordinance looks like it is in accord with the current state of the law at that time. Mr. Jacquet stated he does not support this moratorium. Deputy Vice Mayor Jarjura stated because so many municipalities are passing this new puppy mill legislation and the City of Delray Beach does not have one currently in place she feels there is some concern that the cities that do not have anti- puppy mill legislation on the books, that there is going to be a flood of pet stores opening up in those municipalities. The City Attorney stated the fundamental purpose of a moratorium is to maintain the status quo for a reasonable period (six months with respect to this moratorium). The City Attorney reiterated that this is to maintain status quo while studying the subject matter and hopefully get some court rulings that might suggest what the scope of local regulation may be. The City Attorney stated as pointed out by Commissioner Frankel, it may be a subject matter on a Federal level, but there probably if the Commission chooses to, is some local regulation that could occur and that is what is traveling through the courts right now. Vice Mayor Petrolia stated she supports the ordinance and believes this is fair. Mayor Glickstein stated that this may be preempted through state or federal legislation but in the meantime it does not impact the existing business in a negative way. Mayor Glickstein stated he has always struggled with impacting an existing business with new rules and regulations, however, Mayor Glickstein stated he concluded that the benefits outweigh the negative aspects of doing that in this particular case and he supports the moratorium. 18 08/05/14 Deputy Vice Mayor Jarjura moved to approve Ordinance No. 22-14 on First Reading/First Public Hearing, seconded by Vice Mayor Petrolia. Upon roll call the Commission voted as follows: Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Mr. Jacquet — No; Mr. Frankel — No. Said motion passed with a 3 to 2 vote, Commissioner Jacquet and Commissioner Frankel dissenting. 10.D. ORDINANCE NO. 21-14 (SECOND READING): Consider amending Chapter 35, "Employee Policies and Benefits", Section 35.105, "Administration by Retirement Committee", Subsection (A)(1), "Retirement Committee Established", to require the Chief Financial Officer or Treasurer to be a member of the general employee's retirement committee. The caption of Ordinance No. 21-14 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35, "EMPLOYEE POLICIES AND BENEFITS", SECTION, "35.105, "ADMINISTRATION BY RETIREMENT COMMITTEE", SUBSECTION (A)(1), "RETIREMENT COMMITTEE ESTABLISHED", TO REQUIRE THE CHIEF FINANCIAL OFFICER OR TREASURER TO BE A MEMBER OF THE GENERAL EMPLOYEE'S RETIREMENT COMMITTEE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 21-14 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance and stated this ordinance clarifies that if the Chief Financial Officer cannot serve for any reason the Treasurer of the City will take his place with respect to the Pension Boards. Mayor Glickstein declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 21-14, the public hearing was closed. Mr. Jacquet moved to adopt Ordinance No. 21-14 on Second and FINAL Reading, seconded by Vice Mayor Petrolia. Upon roll call the Commission voted as follows: Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel—Yes; Deputy Vice Mayor Jarjura—Yes. Said motion passed with a 5 to 0 vote. 10.E. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) CONSOLIDATED ANNUAL ACTION PLAN FY 2014-15: Consider approval of the CDBG Consolidated Annual Action Plan FY 2014-15 as required by the United States Department of Housing & Urban Development(HUD) for utilization of federal grant 19 08/05/14 funds. Lula Butler, Director of Community Improvement, stated this item is to approve 2014-15 Annual Action Plan as required by the Housing and Urban Development (HUD) for the Community Redevelopment Block Grant dollars. Ms. Butler stated HUD requires the City create citizens input and noted that two (2) public hearings be held. The CDBG Consolidated Annual Action Plan for fiscal year 2014-15 must be submitted to the Department of Housing and Urban Development (HUD) by August 15, 2014. Mr. Frankel moved to approve the CDBG Consolidated Annual Action Plan for fiscal year 2014-15 as required the Department of Housing and Urban Development (HUD), seconded by Deputy Vice Mayor Jarjura. Upon roll call the Commission voted as follows: Vice Mayor Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Deputy Vice Mayor Jarjura— Yes; Mayor Glickstein — Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 8:10 p.m., the Commission moved back to Item 9.11., of the Regular Agenda. 9.11. IN-LIEU OF PARKING FEE REQUEST/MINDFUL MANAGEMENT: Consider approval of a request from Mindful Management for the purchase of two (2)in-lieu parking spaces located at 280-290 N.E. 2nd Avenue at a cost of $7,800.00 each totaling $15,600.00 to be paid in full upon issuance of a building permit. (Quasi-Judicial Hearing) Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor Glickstein asked the Commission to disclose their ex parte communications. The Commission stated they had no ex parte communications to disclose. Randal Krejcarek, Director of Environmental Services, stated this is a request from Mindful Management located at 280-290 N.E. 2nd Avenue (Pineapple Grove Way). Mr. Krejcarek stated this is a conversion from residential to office. The applicant is requesting the purchase of two (2) in-lieu parking spaces at a cost of$7,800 per space and the total is $15,600 to be paid in full upon the issuance of a building permit. Mr. Krejcarek stated through the Planning and Zoning site plan modification process, the Community Redevelopment Agency (CRA), Downtown Development Authority (DDA), and the Pineapple Grove Main Street Board recommended approval at their respective meetings contingent upon resolving the parking deficiency. At its meeting of June 17, 2014, the Parking Management Advisory Board recommended approval of the request as presented. 20 08/05/14 John Schmidt, agent for the applicant, stated he is present for any questions the Commission may have. Mayor Glickstein stated if anyone from the public would like to speak in favor or in opposition of the in-lieu of parking fee request from Mindful Management, to come forward at this time. Christina Morrison, 2809 Florida Boulevard Apt. #207, Delray Beach, FL 33483, stated the properties that Mindful Management is renovating two cottages in Pineapple Grove. Ms. Morrison stated Mindful Management is heavily invested in this neighborhood and recommended that the Commission approve the in-lieu parking fee request. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mr. Frankel moved to adopt the Board Order as presented, seconded by Vice Mayor Petrolia. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel — Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia—Yes. Said motion passed with a 5 to 0 vote. 9.C. SETTLEMENT, RELEASE AND NON-DISCLOSURE AGREEMENT/ VINCENT GRAY: Consider approval of a Settlement, Release and Non-Disclosure Agreement with Vincent Gray for settlement of litigation. The City Attorney stated after the Shade meeting at the public meeting held on July 15, 2014 the City Commission voted to approve in concept settlement of claims in the lawsuit brought by Vincent Gray with instructions to bring back to the Commission a definitive settlement agreement setting forth the detail terms of the settlement. The City Attorney gave a brief overview of the detailed terms of the settlement. The City Attorney stated even if the Commission settles this claim by Sergeant Gray the cross-claim brought by Mr. Phillips continues to remain in the case as evidenced by his attorney speaking to the Commission earlier this evening. The City Attorney stated in order for Mr. Phillips to establish a right to attorney's fees he will need to show if he would otherwise prevail in the underlining action. The City Attorney stated any substantive discussion on the merits of the case can affect the City's ability to defend those claims that remain pending. Furthermore, the City Attorney stated special counsel who have personal knowledge with respect to the case are present this evening as a resource and are available to the Commission as part of the discussion. Mayor Glickstein asked if there is any reason to delay this for another Executive Session to discuss anything that is still outstanding that should not be discussed in public. The City Attorney stated if the City Commission feels that there are still questions or information that have not been fully answered this is not the forum for that to occur but would be more appropriate for the Shade meeting. 21 08/05/14 Deputy Vice Mayor Jarjura stated her issue is with the handling of this case and she does not support delaying this any further because her offence is not with the Plaintiff. Mr. Jacquet stated there is no reason to delay this. Mayor Glickstein stated he concurs with comments expressed by Deputy Vice Mayor Jarjura and Commissioner Jacquet. Vice Mayor Petrolia stated because of the information that has become available in the last 24 hours she does not have enough information to be able to move forward and the fact that the Commission cannot discuss this case is problematic for her. For the record, Deputy Vice Mayor Jarjura asked whether the records will be sealed on this case. The City Attorney stated the records will not be sealed but what are sealed now are the transcripts from the two (2) Shade hearings. The City Attorney stated even if the Commission approves to settle today when the case is resolved with finality those records are unsealed and will then become available to the public. After this case is settled, Deputy Vice Mayor Jarjura asked that the City Attorney do an assessment of special counsel's handling of this matter, the City Attorney's office (Mr. Shutt and Ms. Kozol's handling of this matter) and that the City Attorney share with the Commission the documents that she requested last night after reviewing the invoices because she did not receive them until after her initial request in particular the ones with regards to Vincent Gray's settlement that was on the table back in January and March and the communications that were made to the Commission at that time. Deputy Vice Mayor Jarjura stated she feels it is important that her colleagues see those documents under attorney/client privilege prior to the settlement of this. The City Attorney stated what he intends to do over the next sixty (60) days with all special counsel including counsel on this case is require them to enter into an agreement for legal services. The City Attorney stated one of the problems in the case was not having oversight from the city with respect to what the expectations were. In his opinion, the City Attorney stated an agreement for legal services defines compensation including reimbursables and expenses. He stated you have to establish a fee cap or an annual budget so when you hit the fee cap you cannot increase it without board approval. The City Attorney stated if the City had something in place like that with this case it would force you to engage in a conversation at least once a year. The City Attorney stated the City needs to have in that agreement terms with respect to professional liability insurance, conflicts of interest and none of that exists now with respect to the City's special counsel. Therefore, the City Attorney stated this is one of tools that he will use to manage special counsel. Mayor Glickstein stated with respect to the significance of those documents is that relevant to the merits of the case or is that relevant to the handling of this matter. The City Attorney stated he does not believe it is relevant to the merits of the case. 22 08/05/14 Vice Mayor Petrolia asked if the information that the Commission received since the Shade meetings is relevant to the case. The City Attorney stated it is relevant to the case; however, he does not know what credibility to give to those statements that are not sworn or subject to cross-examination. The City Attorney stated he does not place a lot of weight on it with respect everything else that has occurred with regard to this case. Vice Mayor Petrolia stated the City had several opportunities to resolve this case early on and instead the City is dealing with an astronomical taxpayer liability. Mayor Glickstein expressed concern over the mismanagement and failures at every level for checks and balances. He stated this was a decentralized progression of a dispute that happens and can happen in any organization that if it would have been handled timely and professionally could have been resolved very quickly. Mayor Glickstein stated no member of this Commission was party to this going on while these discussions were happening. He stated he does not see any upside in proceeding because it would be a distraction for the City and if the City were to lose, the downside is potentially significant. Deputy Vice Mayor Jarjura stated the distinction between Sergeant Gray's claims is under Section 112.3187 and there is no limitation in terms of recovery unlike the other claim there is $100,000.00 cap because we are a local government. Mr. Jacquet stated he supports going forward with this settlement. Vice Mayor Petrolia stated the Commission on the dais (April 3, 2012) could have been examining this issue and it was at a time when it was much more manageable as far as the cost of the case and there were some opportunities that were lost. Vice Mayor Petrolia concurred with comments expressed by Mayor Glickstein that there are more things involved with not going forward than with going forward and wants to make sure that we are not eliminating the opportunity of examining this from within. Vice Mayor Petrolia stated as long as this is not sealed that the public will be able to go through this at some point in time so that they can look at this and see what happened then she would be okay with going forward. Mr. Jacquet moved to approve the Settlement, Release and Non- Disclosure Agreement with Vincent Gray for settlement of litigation, seconded by Deputy Vice Mayor Jarjura. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia—Yes; Mr. Jacquet—Yes. Said motion passed with a 5 to 0 vote. 9.D. OFFER OF SETTLEMENT/THOMAS VOLPE VS. CITY OF DELRAY BEACH: Consider an Offer of Settlement in the total amount of$22,000.00 in Thomas Volpe vs. City of Delray Beach. Staff recommends approval. The City Attorney stated this came before the Commission for a proposed settlement in the amount of$30,000 and there was a mediation recently held attended by the Risk Manager, Interim City Manager, and an Attorney from the City Attorney's 23 08/05/14 office. The City Attorney stated those three staff members recommended approval of a settlement in the amount of $22,000. Furthermore, the City Attorney stated the City would have to expend substantial sums and this would be a battle between two experts. He stated this is an economic decision and staff recommends approval of the settlement. Deputy Vice Mayor Jarjura stated she understands this from an economic perspective but she expressed concern over this case and stated that she begrudgingly will support it. Vice Mayor Petrolia echoed comments expressed by Deputy Vice Mayor Jarj ura. Mr. Frankel moved to approve the Offer of Settlement in the amount of $22,000.00 in Thomas Volpe vs. City of Delray Beach, seconded by Mr. Jacquet. Upon roll call the Commission voted as follows: Deputy Vice Mayor—No; Mayor Glickstein— Yes; Vice Mayor Petrolia — No; Mr. Jacquet — Yes; Mr. Frankel — Yes. Said motion passed with a 3 to 2 vote, Deputy Vice Mayor Jarjura and Vice Mayor Petrolia dissenting. 9.E. CONSULTANT/SOLID WASTE AND RECYCLING COLLECTION SERVICES REQUEST FOR PROPOSAL (RFP): Provide authorization for the City to retain an additional consultant in an amount not to exceed $25,000.00 to finalize Solid Waste and Recycling Collection Services Request for Proposal (RFP). This is in accordance with Section 4.08(A), "Legal Counsel Appointment, Removal and Compensation; Appointment" of the City Charter. The City Attorney stated he reviewed the current draft of the RFP for Solid Waste and Recycling Collection Services. The City Attorney stated there are potential deficiencies in the document with respect to the selection, evaluation criteria, and how addenda are handled. He stated there are sections that could be written more clearly and there are some consistency issues. The City Attorney stated to do this properly requires someone who is a good technical draftsperson and someone who understands solid waste disposal operations, contract terms, and the law. Vice Mayor Petrolia asked what the benefit to have not of chosen Mr. Dee to begin with. Mayor Glickstein stated the Commission was sold on the current consultant based on his operational expertise and were also told that the combination of this new consultant operationally and the procurement staff would be able to pull this together but neither of those two things has come to fruition. Mayor Glickstein stated he supports the City Attorney's recommendation. The Interim City Manager stated the probabilities of the City getting challenged on this will be significantly reduced and believes that the City stands a much better chance of success in meeting any challenge by going this route. 24 08/05/14 Deputy Vice Mayor Jarjura stated she supports the City Attorney's recommendation. Mr. Frankel asked the City Attorney if he has had any conversations with the first group about seeking some reimbursement about the failures that have been uncovered. Mr. Frankel stated if the City Attorney identified the deficiencies why he would feel uncomfortable with correcting this. The City Attorney stated this is almost a 100 page RFP and there is an element of this that goes beyond what he does and knows. Furthermore, the City Attorney stated there are elements that the Commission needs to evaluate because if they put certain criteria in this RFP, it is more costly and the bids are going to be higher and suggested that the Commission have these internal discussions. Mayor Glickstein commented about people who are not handling what the Commission expects them to do in a way that the Commission expects yet they still expect to be paid. Mr. Jacquet stated he feels this puts legitimacy in the process and thanked the City Attorney for making sure the City has an expert on the drafting side that is going to get the City where it needs to go. Mr. Jacquet stated he supports the City Attorney's recommendation. Vice Mayor Petrolia moved to approve authorization for the City to retain an additional consultant in an amount not to exceed $25,000 to finalize Solid Waste and Recycling Collection Services Request for Proposal (RFP), seconded by Deputy Vice Mayor Jarjura. Upon roll call the Commission voted as follows: Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Deputy Vice Mayor Jarjura—Yes. Said motion passed with a 5 to 0 vote. 9.F. NOMINATIONS FOR APPOINTMENT TO THE PLANNING & ZONING BOARD: Nominations for appointment of four (4) regular members to the Planning & Zoning Board to serve two (2) year terms ending August 31, 2016. Based on the rotation system, the nominations for appointment will be made by Mayor Glickstein (Seat #5), Commissioner Petrolia (Seat #1), Commissioner Jacquet (Seat #2) and Commissioner Frankel (Seat#3). For the record, the City Clerk noted that the City Clerk's office did not receive anything from Thuy Shutt to be included on the list of applicants. In addition, Ms. Christina Morrison and Mr. John Miller contacted her today one via email and the other via telephone wanting to withdrawn their names from the list of applicants. The City Clerk stated when an applicant's application expires we request a new one; the applications are only kept for two (2) years. After brief discussion about Ms. Thuy Shutt being an incumbent for this board, it was the consensus of the City Commission that Ms. Thuy Shutt cannot be considered for nomination. Mayor Glickstein moved to nominate Mark Krall as a regular member to the Planning and Zoning Board to serve a two (2) year term ending August 31, 2016, 25 08/05/14 seconded by Vice Mayor Petrolia. Upon roll call the Commission voted as follows: Vice Mayor Petrolia—Yes; Mr. Jacquet—Yes; Mr. Frankel — Yes; Deputy Vice Mayor Jarjura —Yes; Mayor Glickstein—Yes. Said motion passed with a 5 to 0 vote. Vice Mayor Petrolia moved to nominate Joseph Pike as a regular member to the Planning and Zoning Board to serve a two (2) term ending August 31, 2016, seconded by Deputy Vice Mayor Jarjura. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel — Yes; Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes. Said motion passed with a 5 to vote. Mr. Jacquet stated he would like to defer his appointment to the next regular meeting. Mr. Frankel moved to nominate Jay Jacobson as a regular member to the Planning and Zoning Board to serve a two (2) year term ending August 31, 2016, seconded by Mr. Jacquet. Upon roll call the Commission voted as follows: Mr. Frankel —Yes; Deputy Vice Mayor Jarjura—Yes; Mayor Glickstein—Yes; Vice Mayor Petrolia— No; Mr. Jacquet — Yes. Said motion passed with a 4 to 1 vote, Vice Mayor Petrolia dissenting. 9.G. NOMINATION FOR APPOINTMENT TO THE POLICE ADVISORY BOARD: Nomination for appointment of one (1) regular member to the Police Advisory Board to serve a two (2) year term ending July 31, 2016. Based on the rotation system, the nomination for appointment will be made by Commissioner Jacquet (Seat#2). Mr. Jacquet moved to nominate Alan Siegel as a regular member to the Police Advisory Board (PAB) to serve a two (2) year term ending July 31, 2016, seconded by Vice Mayor Petrolia. Upon roll call the Commission voted as follows: Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Mr. Jacquet—Yes; Mr. Frankel—Yes. Said motion passed with a 5 to 0 vote. 9.H. NOMINATIONS FOR APPOINTMENT TO THE HISTORIC PRESERVATION BOARD: Nominations for appointment of four (4) regular members to the Historic Preservation Board to serve two (2) year terms ending August 31, 2016. Based on the rotation system, the appointments will be made by Commissioner Petrolia (Seat #1), Commissioner Jacquet (Seat #2), Commissioner Frankel (Seat #3) and Commissioner Jarjura (Seat#4). Vice Mayor Petrolia moved to nominate John Miller (incumbent) as a regular member to the Historic Preservation Board (HPB) to serve a two (2) year term ending August 31, 2016, seconded by Deputy Vice Mayor Jarjura. Upon roll call the Commission voted as follows: Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Mr. Jacquet—Yes; Mr. Frankel —Yes; Deputy Vice Mayor Jarjura—Yes. Said motion passed with a 5 to 0 vote. 26 08/05/14 Mr. Jacquet moved to nominate David Harden as a regular member to the Historic Preservation Board (HPB) to serve a two (2) year term ending August 31, 2016, seconded by Vice Mayor Petrolia. Upon roll call the Commission voted as follows: Vice Mayor Petrolia—Yes; Mr. Jacquet—Yes; Mr. Frankel — Yes; Deputy Vice Mayor Jarjura — No; Mayor Glickstein — Yes. Said motion passed with a 4 to 1 vote, Deputy Vice Mayor Jarjura dissenting. Brief discussion followed between the City Attorney, City Commission and City Clerk. After brief discussion, the City Clerk stated there has been discussion about including the qualifications and that staff make sure when preparing an Exhibit"A" that the City Clerk's office has looked at those qualifications and only list those people for what the Commission needs to appoint at the time. The City Attorney suggested that the Commission appoint whomever and then they can see whether or not the total makeup of the board is in or out of compliance. The Interim City Manager stated when these appointments are made whether there are categorical areas that have to be filled when someone is nominated, that the Commission is provided enough background information that they can identify so they know which person fits that mold and keep track of it. Furthermore, the Interim City Manager stated he will be working with the City Clerk to work out a methodology to make it easily accessible for the Commission. Mayor Glickstein stated it may be incumbent upon the applicants applying for boards to designate what their field of expertise is rather than the City Clerk having to go through a resume and make a determination. Brief discussion continued regarding the criteria for the board members. Mr. Frankel moved to nominate Price Patton as a regular member to the Historic Preservation Board (HPB) to serve a two (2) year term ending August 31, 2016, seconded by Vice Mayor Petrolia. Upon roll call the Commission voted as follows: Mr. Jacquet— Yes; Mr. Frankel — Yes; Deputy Vice Mayor Jarjura —No; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes. Said motion passed with a 4 to 1 vote, Deputy Vice Mayor Jarjura dissenting. Deputy Vice Mayor Jarjura moved to nominate Angela Budano as a regular member to the Historic Preservation Board (HPB) to serve a two (2) year term ending August 31, 2016, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel — Yes; Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes. Said motion passed with a 5 to 0 vote. 9_I. NOMINATIONS FOR APPOINTMENT TO THE SITE PLAN REVIEW AND APPEARANCE BOARD (SPRAB): Nominations for appointment of four (4) regular members to the Site Plan Review and Appearance Board (SPRAB) to serve two (2) year terms ending August 31, 2016. Based on the rotation system, the nominations for appointment will be made by Mayor Glickstein (Seat#5), Commissioner 27 08/05/14 Petrolia(Seat#1), Commissioner Jacquet(Seat#2) and Commissioner Frankel (Seat#3). Mayor Glickstein moved to nominate Jose Aguila as a regular member to the Site Plan Review and Appearance Board (SPRAB) to serve a two (2) year term ending August 31, 2016, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Mr. Jacquet — Yes. Said motion passed with a 5 to 0 vote. Vice Mayor Petrolia moved to nominate Andrew Youngross as a regular member to the Site Plan Review and Appearance Board (SPRAB) to serve a two (2) year term ending August 31, 2016, seconded by Deputy Vice Mayor Jarjura. Upon roll call the Commission voted as follows: Deputy Vice Mayor Jarjura—Yes; Mayor Glickstein— Yes; Vice Mayor Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote. Mr. Jacquet moved to nominate James Knight as a regular member to the Site Plan Review and Appearance Board (SPRAB) to serve a two (2) year term ending August 31, 2016, seconded by Deputy Vice Mayor Jarjura. Upon roll call the Commission voted as follows: Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Mr. Jacquet—Yes; Mr. Frankel —Yes; Deputy Vice Mayor Jarjura—Yes. Said motion passed with a 5 to 0 vote. Mr. Frankel moved to nominate James Chard as a regular member to the Site Plan Review and Appearance Board (SPRAB) to serve a two (2) year term ending August 31, 2016, seconded by Vice Mayor Petrolia. Upon roll call the Commission voted as follows: Vice Mayor Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Deputy Vice Mayor Jarjura— Yes; Mayor Glickstein —Yes. Said motion passed with a 5 to 0 vote. 11. FIRST READINGS: None. 12. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 12.A. City Manager Terry Stewart, Interim City Manager commented about the early delivery of the Agenda packets to the City Commission for tonight's Agenda. 12.B. City Attorney None. 12.C. City Commission 28 08/05/14 12.C.1. Mr. Frankel Mr. Frankel stated several months ago it was consensus of establishing designated areas for taxis in the downtown and asked for an update on this. Secondly, Mr. Frankel stated online the completion of the Wic is going to be 2016-2017 and he met with the owner months ago. Mr. Frankel stated it does not make sense that this is going to take 2-3 years before it is completed and asked for an update on this. 12.C.2. Deputy Vice Mayor Jariura Deputy Vice Mayor Jarjura stated she met with Janet Meeks, Education Coordinator, and the Principal at Carver Middle School and discussed the Spotlight on Education (5 minute presentation that the City used to have on a quarterly basis from the educators in the community) and she feels this would be great to bring back. In addition, Deputy Vice Mayor Jarjura stated they also talked about doing an email blast to all the residents highlighting the student and teacher of the month at each school because she believes it is important to positively market and encourage our public school system in Delray Beach. It was the consensus of the Commission to support bringing this back to the Commission meetings. Secondly, Deputy Vice Mayor Jarjura stated she and Dana Little, Director of Planning and Zoning did an alley tour with Mr. Chard yesterday and suggested that staff come up with packet on how to beautify your alley, etc. to make it easy for residents to clean up their alleys. 12.C.3. Vice Mayor Petrolia None. 12.C.4. Mr. Jacquet Mr. Jacquet apologized for being tardy for the 5:00 p.m. Executive Session today as he was in Orlando handling a pro bono issue. Secondly, Mr. Jacquet stated former Governor Charlie Crist was in Delray meeting with the clergy and community leaders. Mr. Jacquet stated some of the City Commission will be at the Florida League of Cities Annual Conference from August 14-16, 2014. Mr. Jacquet thanked Mr. Stewart for the Agenda being delivered early to the City Commission and the Commission getting out of the meetings at a reasonable 29 08/05/14 time. Mr. Jacquet stated he appreciates everything Mr. Stewart is doing and he feels the meetings are running smother. Lastly, Mr. Jacquet thanked and commended Suzanne Davis, Director of Parks and Recreation, for attending almost every community event and for the excellent job she is doing. 12.C.5. Mayor Glickstein Mayor Glickstein asked the Interim City Manager for more information about moving the City's Fire dispatch to the County. Secondly, Mayor Glickstein stated he appreciates Mr. Stewart's decision to advertise the position of a Senior Procurement Officer. Mayor Glickstein stated there was an article in the New York Times this weekend regarding "Drones Outpacing the Rules" and stated as demand grows there are pilotless aircraft often with cameras which raises safety and privacy concerns. Mayor Glickstein gave the article to the City Attorney and requested that he look into this. Mayor Glickstein stated one of the points the article makes is that the cost of a drone is becoming geometrically inexpensive and they are talking about Christmas gifts as drones. He commented that there have been issues with piloted aircraft here being nuisances and would like to see the City Attorney to see what he can do. Mr. Jacquet echoed comments about the safety and privacy concerns expressed by Mayor Glickstein with respect to drones and stated he applauds him for addressing this. Mr. Jacquet stated he believes that other municipalities around the country have already addressed this. Mayor Glickstein expressed concern over the unregulated nature of Kava Bars in Delray Beach and that compounded with a legal but dangerous substance called "Kratom". Mayor Glickstein stated this is impacting a lot of different demographic groups because it is cheap, legal, and it is entirely unregulated but it is very dangerous. Mayor Glickstein asked the City Attorney to contact the State Attorney regarding this because he stated this is a huge problem affecting our young people and it is proven to be lethal. Mr. Jacquet stated he would like to see a moratorium for this. There being no further business, Mayor Glickstein declared the meeting adjourned at 9:28 p.m. City Clerk 30 08/05/14 ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on August 5, 2014, which Minutes were formally approved and adopted by the City Commission on City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above. 31 08/05/14 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This appeal of the Site Plan Review and Appearance Board's denial of a color change application for the building located at 96 SE 6t" Avenue has come before the City Commission on August 5, 2014. 2. The Appellant, Appellee and City staff presented documentary evidence and testimony to the City Commission pertaining to the appeal of the Site Plan Review and Appearance Board's denial of a color change application for the building located at 96 SE 6t" Avenue. All of the evidence is part of the record in this case. Required findings are made in accordance with Subsection I below. I. LDR PROVISIONS A. LDR Requirements: The minimum requirements for building color are expressed in LDR Section 4.6.18(A) and (B). Pursuant to 4.6.18(B): (3) All facades visible to public or adjacent property shall be designed to create a harmonious whole. Materials shall express their function clearly and not appear as a material foreign to the rest of the building. (4) To be harmonious, it is not to be inferred that buildings must loots alike or be of the same style. Harmony can be achieved through the proper consideration of scale, proportion, site planning, landscaping, materials, and color. B. LDR Criteria: Pursuant to LDR Section 4.6.18(E), the following criteria shall be considered in the review of color change applications. If the following criteria are not met, the application shall be disapproved. (1) The plan or the proposed structure is in conformity with good taste, good design, and in general, contributes to the image of the City as a place of beauty, spaciousness, harmony, taste, fitness, broad vistas, and high quality. (2) The proposed structure, or project, is in its exterior design and appearance of quality such as not to cause the nature of the August 5,2014 City Commission Meeting; Item 9.A. local environmental or evolving environment to materially depreciate in appearance and value. (3) The proposed structure, or project, is in harmony with the proposed developments in the general area, with the Comprehensive Plan, and with the supplemental criteria which may be set forth for the Board from time to time. Have the requirements of LDR Section 4.6.18(E) been met? Yes ✓ No 3. The City Commission has applied the LDR requirements in existence at the time the original color change application was submitted. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves ✓ denies the appeal and hereby adopts this Order this 5th day of August, 2014, by a vote of 5 in favor and 0 opposed. ATTEST: D. Glickstein, Mayor Chevelle Nubin City Clerk August 5,2014 City Commission Meeting; Item 9.A. 2 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA IN LIEU PARKING FEE REQUEST FOR MINDFUL MANAGEMENT LLC 1. This in lieu parking fee request for the purchase of two (2) parking spaces in-lieu has come before the City Commission on August 5, 2014. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the in lieu parking fee request for Mindful Management LLC. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection 1. I. IN LIEU PARKING FEE: Pursuant to LDR Section 4.6.9(E)(3), when additional parking is required due to expansions of use to an existing building and it is impossible or inappropriate to provide such parking the City Commission may approve the payment of an in lieu fee rather than provide the required parking. In the case of expansions of use, no existing parking spaces may be eliminated. Does the In Lieu Parking Fee request for the purchase of 2 parking spaces in-lieu meet the requirements of LDR Section 4.6.9(E)(3) and the conditions, if any, listed below? The in lieu parking fee is $7,800.00 per space totaling $15,600.00. Payment is due upon issuance of a building permit. Yes ✓ No 3. The City Commission hereby finds that the In Lieu Parking Fee Request meets the requirements of 4.6.9(E)(3) of the Land Development Regulations, with the conditions listed above, if any, and the City Commission has applied the Comprehensive Plan and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan and Land Development Regulations. 08-05-14 City Commission Meeting; Item 9.13. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves ✓ denies the in lieu parking fee request as set forth above. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 5th day of August, 2014, by a vote of 5 in favor and 0 opposed. ATTEST: C Glickstein, Mayor Chevelle Nubin, City Clerk 2 08-05-14 City Commission Meeting; Item 9.13. WHEREAS,Lieutenant General William Ely was born December 29, 1911 on a farm near Pittsburgh,Pennsylvania;and WHEREAS,Lieutenant General Ely graduated from West Point Military Academy in 1933 and was assigned to the Army Corps of Engineers.He was stationed in Midway Islands where he dredged the harbor;and WHEREAS,Lieutenant General Ely married his beloved wife,Helen,who died earlier this year on March 25th after 74 years of marriage. Through this loving union,they have three sons, Bill,Dick and Bob;and WHEREAS, he served in World War II in 1943-1946 he was deployed to Australia,New Guinea, Philippine Islands and Japan. He earned numerous awards during his military career including Legion of Merit, Bronze Star, Silver Star, Oak Leaf Cluster to Legion Merit and the Distinguished Service Merit.In 1966,General Ely retired from the Army as a Lieutenant General; and WHEREAS,General Williams became the Vice President of an engineering firm located in St. Louis from 1966-1976. He built and operated golf courses on an old farm called Double Dam n/k/a Dogwood Hills;and WHEREAS,he was a longtime resident of Quail Ridge Country Club in Boynton Beach.He moved to Abbey Delray South in Delray Beach in 2006 where he currently resides and spends his days enjoying his hobbies which are golf,bridge,reading and writing memoirs;and WHEREAS, on December 29, 2014, Lieutenant General William Ely will celebrate 103 years of life.He is the second oldest living graduate of West Point. NOW,THEREFORE,I,CARY D.GLICKSTEIN,Mayor of the City of Delray Beach,Florida, on behalf of the City Commission do hereby wish: LIEUTENANT GENERAL WILLIAM J. ELY a very HAPPY 103rd BIRTHDAY and further recognize and thank him for his patronage, congratulate him on his achievements and wish him the best of health and happiness. IN WITNESS WHEREOF,I have hereunto set my hand and caused the Official Seal of the City of Delray Beach,Florida,to be affixed this 2nd day of December 2014. CARY D.GLICKSTEIN MAYOR w MEMORANDUM W TO: Mayor and City Commissioners FROM: Curtis Jones, III, Human Resources Generalist Shirley O'Neal McKennon, Human Resources Director THROUGH: Terry Stewart, Interim City Manager DATE: November 5, 2014 SUBJECT: AGENDA ITEM 5.B.-REGULAR COMMISSION MEETING OF DECEMBER 2,2014 QUARTERLY S.P.LRLT.AWARDS PRESENTATIONS BACKGROUND The City of Delray Beach SPIRIT Award Program recognizes employees for their exemplary actions in following the City's Core Beliefs. This quarter's SPIRIT Award goes to Mr. Chassler Holm. Chassler Holm was having a phone conversation with Mr. Fritts, a local Delray resident, regarding a sewer issue. Chassler noticed during the conversation that Mr. Fritts' speech and breathing sounded impaired. Mr. Fritts mentioned to Chassler that he may be experiencing a heart attack, in which Chassler advised Mr. Fritts to contact 911 immediately. After the call ended, Chassler feeling uneasy about his conversation with Mr. Fritts, alerted Delray Beach Police to his residence. Unbeknownst to Chassler, at the time of his initial conversation with Mr. Fritts that he was in fact having a heart attack and consequently did not have the strength to call 911 on his own. Chassler's intuition and associated follow up actions demonstrated good judgment, good character, and compassion. w MEMORANDUM W TO: Mayor and City Commissioners FROM: Planning and Zoning Department THROUGH: Terry Stewart, Interim City Manager DATE: November 14, 2014 SUBJECT: AGENDA ITEM 8.A.-REGULAR COMMISSION MEETING OF DECEMBER 2,2014 FINAL SUBDIVISION PLAT APPROVAL/DOWNTOWN DELRAY PROFESSIONAL CENTER BACKGROUND The item before the Board is that of approval of a final minor subdivision boundary plat for two medical office buildings being platted as Downtown Delray Professional Center. The subject property is located between SE 5th Avenue (Federal Highway southbound) and SE 6th Avenue (Federal Highway northbound) on the north side of SE 6th Street (530 SE 6th Avenue). The subject property consists of portions of Lots 5, 6, 7, and 8, Block 1 of the Osceola Park Subdivision (PB 3, PG 2) and measures 0.957 acre. The property is zoned GC (General Commercial) with a GC (General Commercial) Future Land Use Map (FLUM) designation. At its meeting of May 12, 2004, the Site Plan Review and Appearance Board approved a Class V Site Plan associated with the construction of a bank (Southtrust Bank) on the subject property; however, the facility was never constructed. At its meeting of September 13, 2006, the Site Plan Review and Appearance Board approved a Class V Site Plan associated with the construction of another bank (Sun American Bank) on the subject property; however, the facility was also never constructed. At its meeting of December 11, 2013, the Site Plan Review and Appearance Board approved a Class V Site Plan, Landscape Plan and Architectural Elevations associated with the construction of a medical office (Downtown Delray Medical Centre) on the subject property. DISCUSSION The subdivision is a replat of a portion of Lots 5, 6, 7 and 8, Block 1 of Osceola Park Subdivision as Recorded in Plat Book 3, Page 2, of the Public Records of Palm Beach County Florida. The replat combines the above mentioned parcels of land into two Lots (Lots 1 & 2), which will contain: . two one-story 6,500 square foot medical office buildings fronting SE 6th Street; . a 46-space parking lot, . 10 on-street parking spaces along the SE 6th Street r-o-w, . 10 parallel parking spaces on the property along the north 20' platted alley, and . Installation of associated landscaping. The plat retains an existing 5' x 153.30' north/south sewer easement running through the middle of the property, a new 12' x 153.30' General Utility Easement also running through the middle of the property, a 6' x 12' water easement located near the northeast corner of the site, a 5' x 5' water easement located near the southeast corner of the site to accommodate a Fire Hydrant, two 4' x 40' sidewalk easements along SE 5th Avenue and SE 6th Avenue adjacent to the two driveway aprons associated with the ingress/egress points for the parking lot, and a 4' x 47.59' sidewalk easement along the north side of SE 6th Street to accommodate the sidewalk encroachment onto the property. A new 10' x 253.74' drainage easement is being dedicated through the center of the parking lot to accommodate a storm water exfiltration system. City staff has reviewed the plat and determined that all technical comments have been satisfied. Pursuant to LDR Section 3.1.1, prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information in the application, the staff report, or minutes. Findings shall be made by the Board to approve or deny the development application. As shown in the attached Site Plan Review and Appearance Board report, positive findings can be made with respect to Future Land Use Map Consistency, Concurrency, Consistency with the Comprehensive Plan and compliance with the Land Development Regulations can be made. It is also noted that a complete review of the proposed site plan for compliance with the Land Development Regulations was included as part of the Site Plan Review process. REVIEW BY OTHERS On December 11, 2013, a Class V Site Plan, Landscape Plan and Architectural Elevations was approved by the Site Plan Review and Appearance Board (SPRAB) for the construction of a medical office building development to be known as Downtown Delray Medical Centre. A full analysis of the proposed development, including the required findings, is provided in the attached SPRAB staff report. Courtesy Notices have been provided to the following groups and neighborhood associations: • Delray Citizens Coalition • The Barrton • Churchill Condo • Osceola Park The Planning Department has not received any letters of opposition to the plat. Future letters of objection or support, if any, will be provided at the City Commission meeting. RECOMMENDATION Move approval of the Final Minor Subdivision Boundary Plat for Downtown Delray Professional Center, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(x) (Minor Subdivisions), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and Section 3.1.1 (Required Findings for Land Use and Land Development Applications) of the Land Development Regulations. U Lv U U > [0'777:7r o- 0 0 J J Q Q Li LLJ LLB Q > > Vl Q Q � w S.E. 4TH ST. LLJ z z � O m Q m o 0 un o = o' LLJ LLJ Q Q S.E. 6TH S T. = z � to Q0 Q LLJ LLJ LLJ LLJ C/) cn C Q S.E. 7TH ST. O u Q z S.E. 8TH ST. S.E. 8 TH S T. 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Ahir , �� SITE PLAN REVIEW AND APPEARANCE BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: December 11, 2013 ITEM: Downtown Delray Medical Centre — Class V Site Plan, Landscape Plan, and Architectural Elevations, associated with the construction of two 1-story 6,500 sq. ft. medical office buildings. The proposal includes the installation of a 46- space parking lot with 10 on-street parking spaces along the alley r-o-w and 10 spaces along SE 6t" Street r-o-w for a total of 66 parking spaces. The property is located at 530 SE 6t" Avenue. GENERAL DATA: Agent............................... Richard Jones Architecture - a Applicant ......................... Richard Jones Architecture Owner ............................. 530 SE 61" Avenue, LLC S.E. y{p n. Location.................................. North of SE 6t" Street between SE 51" Avenue and SE 6t" Avenue, south of the Teen Center. a 3fm LJ Property Size.......................... 0.957 Acres Future Land Use Map............. GC (General Commercial) Current Zoning........................ GC (General Commercial) O Adjacent Zoning......... North: GC (General Commercial) South: GC (General Commercial) East: POD (Professional Office District) sE RM (Multiple Family Residential), & �B NC (Neighborhood Commercial) West: GC (General Commercial) Z Existing Land Use................... Vacant land 61H S1. Proposed Land Use............... Medical Office Water Service......................... Available via service lateral W connections to an existing 12" water main located within the SE 6t" Avenue right-of-way. There is a fire- z hydrant located on the southeast corner of the site. 4 Sewer Service........................ Available via service lateral connections to an existing 10" sewer main that traverses the site through ST. the middle on a north to south direction and is located within a 5' sewer easement. nNn 5-E. 10TH IL �110�J L ===!i ITEM BEFORE THE BOARD The action before the Board is approval of a Class V site plan request for Downtown Delray Medical Center, pursuant to LDR Section 2.4.5(F). The request involves the following: • Site Plan; • Landscape Plan; and, • Architectural Elevation. Pursuant to LDR Section 4.4.9 (B)(2), business, professional and medical offices are an allowed use in the General Commercial (GC) District. The subject �roperty is located between SE 5th Avenue (Federal Highway southbound) and SE 6' Avenue (Federal Highway northbound) to the north of SE 6th Street (530 SE 6th Avenue). BACKGROUND The property consists of Lots 5, 6, 7, and 8, Block 1 of the Osceola Park subdivision and measures 0.957 acre. At its meeting of December 12, 2001 , the Site Plan Review and Appearance Board approved a Class I site plan modification to add a concrete balustrade railing, concrete columns, entrance awning, concrete window sills and frames to the existing structure. The property is zoned GC (General Commercial) and was previously occupied by Chesterfield Restaurant with an 8,156 square foot structure that was demolished in 2004. With the Citywide Rezoning in October 1990, the property was rezoned from SC (Specialized Commercial) to GC (General Commercial). A Class V site plan associated with the construction of a bank (Southtrust Bank) on the property was approved by the Site Plan Review and Appearance Board (SPRAB) on May 12, 2004, but the facility was never built. A Class V site plan also associated with the construction of another bank (Sun American Bank) was approved by the Site Plan Review Appearance Board (SPRAB) on September 13, 2006, but the facility was also never built. A request for site plan approval has now been submitted for the construction of a medical office (Downtown Delray Medical Centre) on the subject property and is now before the Board for action. PROJECT DESCRIPTION The development proposal consists of the following: • Construction of two one-story 6,500 square foot medical office buildings for a total of 13,000 sq. ft. known as Downtown Delray Medical Centre; • Construction of a 46-space parking lot, 10 on-street parking spaces along the SE 6th Street r-o-w, and 10 parallel parking spaces on the property along the north alley, for a total of 66 parking spaces; SPRAB: Meeting of: 12/11/13 Class V Site Plan, Landscape Plan, and Architectural Elevations for the Downtown Delray Medical Centre Page 2 • Construction of two enclosed trash areas within the proposed buildings; • Construction of five (5) feet wide sidewalk along SE 6th Street right-of-way; and • Installation of associated landscaping. SITE PLAN ANALYSIS COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the site and development application/request. LDR Section 4.3.4(K) Development Standards Matrix: The following table indicates that the proposal complies with LDR Section 4.3.4(K) as it pertains to the GC zone district: Required Provided Maximum Building Height: 48' 21'-0" Minimum Building Setbacks: Front (East, SE 6 Avenue) 10' 10'-0" Front (West, SE 5 n Avenue) 10' 10'-0" Side Street (South) 10' 10'-0" Side Interior (North) 10' 68'-2" Open Space: 25% 25.2% LDR Section 4.3.4(H)(6) Special Landscape Setback: Pursuant to LDR Section 4.3.4(H)(6�(b)(2), a 10' special landscape setback is required along Federal Highway from SE 10t Street to the north City limits. Within this special landscape area, no structure or paving (except for driveways and sidewalks that are perpendicular to the property line) is allowed. This special landscape setback is not required when storefronts face the roadway and no parking or vehicular circulation areas are provided between the building and the right-of-way. The development proposal provides a 10'-dee� landscape area along SE 6th Avenue and a 10'-deep landscape area along SE 5' Avenue adjacent to the parking area. Therefore, this requirement has been met. LDR Chapter 4.6 Supplementary District Regulations: Parking: SPRAB: Meeting of: 12/11/13 Class V Site Plan, Landscape Plan, and Architectural Elevations for the Downtown Delray Medical Centre Page 3 Pursuant to LDR Section 4.6.9(C)(4)(c), medical and dental offices including clinics and mental health treat facilities, shall provide 5 spaces per 1 ,000 sq. ft. of gross floor area. The 13,000 square foot medical center is required to provide 65 parking spaces (13,000 x 5/1 ,000 = 65 spaces). The proposed Downtown Medical Center will provide a 46- space parking lot, 10 on-street parking spaces along SE 6th Street r-o-w, and 10 parallel parking spaces within the subject property along the north alley r-o-w for a grand total of 66 parking spaces. Thus, this requirement has been met. Handicap Accessible Parking: Pursuant to LDR Section 4.6.9(C) (1) (b), special parking spaces designed for use by the handicapped shall be provided pursuant to the provisions of Florida Accessibility Code for Building Construction. The Florida Accessibility Code for Building Construction and Federal ADA requirements for commercial properties require a number of parking spaces based on the number of spaces provided in a parking facility, versus the number of spaces required. In short, the code requires 1 ADA compliant space for every 25 spaces up to the first 100 spaces, plus an additional space per each 50 up to 200. The project will provide 66 parking spaces, thereby requiring 3 ADA compliant spaces. The site plan shows 3 ADA parking spaces, thus meeting the code requirement. Compact Parking: Pursuant to LDR Section 4.6.9(C)(1)(g), up to 30% of the required parking for any use may be designated for compact cars. The development proposal includes thirteen (13) compact parking spaces located within the proposed parking lot located to the north of Building #1 and Building #2. Including the 10 parallel on-street parking spaces along SE 6th Street, the 10 parallel parking spaces along the alley r-o-w, and the 46 spaces of the proposed parking lot, the 13 compact spaces represent approximately 20% of the total spaces provided, thus meeting the requirement. Stacking: Pursuant to LDR Section 4.6.9(D)(3)(c)(1), provisions must be made for stacking and transitioning of incoming traffic from a public street, such that traffic may not backup into the public street system. The minimum distance between a right-of-way and the first parking space or aisle way in a parking lot that contains 21-50 spaces is 20'-0" for both ingress and egress driveways. The proposed development provides 23'-2" of stacking for both ingress and egress driveways from SE 6th Avenue and SE 5th Avenue. Thus, this requirement has been met. Lighting: Pursuant to LDR Section 4.6.8, it is noted that the proposed photometric plan is consistent with the illumination levels and uniformity criteria listed in LDR Section 4.6.8(A) (3), Table 2. Cantilevered eye-brow/overhang mounted light fixtures with SPRAB: Meeting of: 12/11/13 Class V Site Plan, Landscape Plan, and Architectural Elevations for the Downtown Delray Medical Centre Page 4 anodized aluminum finish have been depicted on the architectural elevations of both buildings. Pole mounted fixtures will be "shoe box" style. A manufacturer's detail of the overhang mounted light fixtures and the proposed light pole fixtures have been provided, and thus, LDR Section 4.6.8 has been met. Refuse Enclosure: Pursuant to LDR Section 4.6.6(C) (1), dumpsters, recycling containers and similar service areas must be enclosed on three sides with vision obscuring gates on the fourth side, unless such areas are not visible from any adjacent public right-of-way. Instead of a regular dumpster, a roll-out trash bin container and recycle bins have been depicted on the floor plan within two enclosed trash areas located in the northeast corner of building #2 and the northwest corner of building #1. The applicant has indicated that the trash room shall contain roll-out type trash bins. Hazardous wastes bins shall depend on the type of tenant. If a tenant requires a separate type of trash removal (hazardous waste) then the applicant will add one to the trash collection rooms. The applicant has also indicated that the material wastes will be rolled out (by building staff) to the north alley for trash pick-up. Hazardous waste will be collected by special service twice a week minimum, more often depending on the needs of the future tenant. The solid waste disposal areas have been adequately screened with abundant landscape material and enclosed with CMU walls with stucco finish. Thus, this LDR requirement has been met. Bicycle parking Facility: Pursuant to the Transportation Element of the Comprehensive Plan, Objective D-2, facilities which accommodate the needs of the bicyclists shall be assessed and required during development review, complying with state and national standards. Also, pursuant to Policy D-2.2 of the comprehensive plan, bicycle parking and facilities shall be required on all new development and redevelopment. Two bicycle racks have been provided in between the two buildings, and thus this requirement has been met. Bus Shelter: Pursuant to Transportation Element A-1.5 of the Comprehensive Plan, the applicant shall provide a contribution of a full cost ($11,000) of a bus shelter prior to certification of the site plan. Please contact the City Engineer to determine the final dollar amount to be provided. Thus, this is attached as a condition of approval. Sight Visibility Triangles: Pursuant 4.6.14 (B), the required visibility triangles for the access driveways intersecting SE 5th and SE 6th Avenue and the alley r-o-w has been depicted with no visibility obstruction or encroachment from the proposed buildings. The required line of sight / sight distance in accordance with the FDOT Design Standard Index 546, at SPRAB: Meeting of: 12/11/13 Class V Site Plan, Landscape Plan, and Architectural Elevations for the Downtown Delray Medical Centre Page 5 FDOT intersections has also been provided at the intersection of SE 5th and SE 6th Avenue with SE 6th Street. Thus, this LDR requirement has been met. Other Issues: Sidewalks: Pursuant to LDR Section 6.1.3(B)(1)(c), a 5' wide sidewalk is required within the right- of-wax adjacent to the property. A 5' sidewalk currently exists along SE 5th Avenue and SE 6t Avenue. The development proposal indicates that a 5'-wide sidewalk will be installed along SE 6th Street. Thus this LDR requirement has been met. Right-of-way Dedication: Pursuant to LDR Section 5.3.1 right-of-way dedications to meet minimum standards must be made with all developments. Pursuant to LDR Section 5.3.1(D)(2), the required right-of-way width of SE 6th Street is 60' and only 50' currently exists. For existing streets, the City Engineer upon a favorable recommendation from the Development Management Services Group (DSMG) may grant reductions in right-of-way width. The City Engineer and DSMG have reviewed the request for a reduction in right-of-way width and have determined that the existing right-of-way width of 50' is sufficient for SE 6th Street. Plat: The development proposal involves the dedication of easements as well as construction of improvements across previously platted lots. Therefore, a condition of approval is that a re-plat of the property must be processed pursuant to Chapter 5 of the Land Development Regulations and recorded prior to issuance of a building permit. Street Improvement Obligations: Pursuant to LDR Section 6.1.2 (A), concurrent, or prior to, construction associated with an approved development application, the development shall provide for the construction of improvements and off-site improvements to the following extent. Pursuant to LDR Section 6.1.2 (A)(2), when access to the project is provided from a local street and/or alley, then the project must provide appropriate traffic lanes meeting requirements of Section 5.3.1(C) in order to provide continuous paved access from the nearest paved street or alley to the project in addition to the improvements on its side of the center line of right-of-way. Based on the above LDR sections, the project will be responsible for providinq� continuous paved access from the nearest paved street (SE 5th Avenue and/or SE 6t Avenue) to the project in addition to the improvements on its side of the center line of right-of-way. Such improvements must be provided in coordination with the City Engineer. A note to this effect shall be included on the site plan. Thus, this is attached as a condition of approval. SPRAB: Meeting of: 12/11/13 Class V Site Plan, Landscape Plan, and Architectural Elevations for the Downtown Delray Medical Centre Page 6 Crime Prevention Through Environmental Design (CPTED): Surveillance: CPTED standards require that residents, pedestrians, and passing motorists (known as `normal users') are afforded the ability to observe unlawful activity while conducting routine day to day activities. There appears to be adequate natural surveillance for the area in question. However, it is recommended that windows be unobstructed and landscape material be maintained either less than 3 feet high or over 6 feet high, and trees should not obstruct light fixtures, thus, this attached as condition of approval. Access Control: Access Control involves using mechanical, organizational, or natural measures to deny access to crime targets. Access Control involves the use of doors, gates, locks and bollards. As stated earlier, the plans are ambiguous as to the types of windows, doors and bay doors being installed. Please provide descriptive detail as to the type of windows, doors, and bay doors being installed in the proposed buildings. These details are important as these will essentially be the buildings last line of defense against burglaries. There are significant concerns in regards to traffic at points of ingress and egress. South Federal highway is having its number of lanes reduced from 3 to 2, both northbound and southbound. This removes any possibility of a turning lane. The direction of travel at the two road entrances are two way entrances, and thus, traffic issues may arise. Lighting: Lighting strategies are important for two reasons: First, they insure that the appropriate amount of illumination protects a site. Secondly, they provide quality light; characterized by minimum glare and color distortion. It is attached as a condition of approval that the lights used for the proposed project must be LED fixtures, as they provide the best light with the least amount of glare and color distortion. Safety/Security: No substantial concerns from a "call for service" standpoint, as this location is currently a vacant lot. If these proposed medical buildings will be storing narcotics, they need to be secured and not easily accessible to unauthorized personnel. It is recommended that some sort of CCTV or camera security device be included on strategic locations around the buildings, and thus, this is attached as a condition of approval. In the event of a crime, the cameras will aid with identification of the suspect, preventing repeat incidents in addition to crime deterrence. Underground Utilities: Pursuant to LDR Section 6.1.8, utility facilities serving the development shall be located underground throughout the development. A note to this effect has been placed on the site plan. Technical Items: While the revised site plan has been submitted to accommodate staff concerns, the Engineering Department has not yet performed the final SPRAB: Meeting of: 12/11/13 Class V Site Plan, Landscape Plan, and Architectural Elevations for the Downtown Delray Medical Centre Page 7 review of the revised site plan submitted, and thus, the original preliminary engineering comments main still remain outstanding in this staff report. Preliminary engineering comments will need to be addressed prior to site plan certification. Preliminary Engineering Technical Comments: 1. Provide a response letter with a detailed description of how each of these comments has been addressed and reference plans sheet number for accurate review. 2. Clarify limits and labeling for existing and proposed easements between buildings. Nomenclature needs to be the same on all plans. 3. Indicate Line of Sight/Sight Distance in accordance with the FDOT Design Santadard Index 546, at FOOT intersections FDOT limits of clear site are shown on Sheet 1. 4. Provide note that parking layout and striping needs to follow City of Delray Beach current standards. Provide latest Parking Lot Detail RT 4.1 and Typical Parking Space Details RT 4.2 A thru C, as applicable on Civil Plans. On plan view, indicate double striping at parking spaces. The applicant has indicated that the Site Plan (sheet SP-1) has been revised and double striping is being shown along with a note regarding design standards 5. Provide signed and sealed drainage report indicating the proposed system's ability to meet storm water quality and quantity requirements in accordance with the South Florida Water Management District regulations per LDR Section 2.4.3 (D) (7). In addition, the surface water management system needs to be designed in accordance with LDR Section 6.1.9 for a minimum of a 10 yr./24 hr. storm event. The system needs to provide for positive drainage of lots, streets, roads, and other public areas as well as handling any run-off from adjacent areas that historically flowed into the subject area. Include drainage calculations confirming that there will be no negative post development impacts on adjacent homes, structures or properties. The required 10-yr/24-hr. storm event is 11 inches. 11 inches over the entire 41,458 sf(O.9SAc) site would equate to 10.47 Ac-ln. As shown in the exfiltration trench calculations, 16.64 Ac-In of storage is provided in the trenches alone. This is the equivalent to 17.5 inches of storage over the entire Site. Full calculations will be provided during final permitting. 6. Provide drainage easements / tracts for all proposed private drainage systems in accordance with LDR Section 5.3.4. Locations of proposed easements are shown on Sheet# 1 7. Provide the following note on both the Engineering Plans and the Landscape Plans that, "any trees or shrubs placed within water, sewer or drainage easements shall conform to the City of Delray Beach Standard Details; LID 1.1 & LID 1.2." These Details are to be shown on the Landscape Plans. Note and details found in Engineering Plans, these need to be included in Landscape Plans. SPRAB: Meeting of: 12/11/13 Class V Site Plan, Landscape Plan, and Architectural Elevations for the Downtown Delray Medical Centre Page 8 See Civil Sheet 1 for note. The details have also been provided on sheet L-1 and the note has been added as requested. 8. Provide note indicating, "No proposed improvements, buildings or any kind of construction can be placed on or within any water, sewer or drainage easements, unless approved by the City of Delray Beach City Engineer." See Civil Sheet 1 for note. 9. Provide note indicating, "No proposed structures shall be installed within a horizontal distance of 10-feet from any existing or proposed water, sewer or drainage facilities, unless approved by the City of Delray Beach City Engineer." See Sheet 1 for note. We would like to point out that the Site Plan was developed prior to the survey location of the Sanitary Sewer was confirmed. The no-build zone was anticipated with the sewer being centered along the prior lot line. However, the existing sewer line is slightly off-center to the east. The continuous wall of the east building is more than 10' from the existing line, but two portions of the building dimensioned on sheet 1 are less than 10, with the closest being 8.8'away, and the other at 9.6'away. We would like to request permission to leave the site plan as shown with the limited areas of encroachment. 10. Provide signed and sealed calculations indicating current and proposed estimated flows into existing or proposed lift station and force main; submit to my attention at the Engineering Division. Upon review and approval, a letter from the Deputy Director of Public Utilities stating that the City's system has sufficient capacity to treat proposed flows will be issued. This is a requirement in accordance with LDR Section 5.3.3 (D) for the Off-Site Impact Assessment to the City's water and sewer systems. It is not feasible for a private developer to analyze and determine existing flows into the City lift station. However, we have attached a copy of the estimated sewage flows proposed by the project. The calculations show the estimated flows for the new buildings only, and do not show any credit for the historic development on the Site. If the City has historic rates for the water meters for the previous development, the proposed flow rates would be reduced or even possibly indicate no increase in flow rates. 11. Provide a Composite Utility Plan signed by a representative of each utility provider attesting to the fact that services (water, sewer, drainage, gas, power, telephone and cable) can be accommodated as shown on the Composite Utility Plan. The Composite Utility Plan needs to address the responsibility for relocation of existing services and installation of new services in accordance with LDR Section 2.4.3 (F) (4). Composite Utility Plan is also used to ensure physical features do not conflict with each other and existing or proposed utility services. Composite Utility Plan has been attached. Sign-offs plan will be forwarded when available. 12. Indicate a City approved bus shelter and mass transit easement (as applicable) will be provided per City of Delray Beach LDR Section 2.4.3 (D) (7). A bus shelter is required to be installed on site for 1) a new residential project that has 25 or more units; 2) a SPRAB: Meeting of: 12/11/13 Class V Site Plan, Landscape Plan, and Architectural Elevations for the Downtown Delray Medical Centre Page 9 nonresidential project that is greater than 10,000 square feet; and 3) a project that is adjacent to an existing or proposed Palm Tran bus stop. A contribution for the full cost of the purchase and installation of a complete bus shelter will be required if bus shelter will be located less than the standard minimum distance from an existing shelter. Due the proximity of an existing bus shelter on both S.E. 51" and S.E. 6t" Avenue, a contribution of $11,000 towards the City's Bus Shelter Program is required in-lieu of a bus shelter installation on site. It is acknowledged. 13. Indicate alley will be repaved since access will be taken off of alley. This is a requirement in accordance with LDR Section 6.1.2 (A) (2). The LDR Section referenced above clearly states "to provide a continuous paved access" or (b) "when additional travel lanes are required". The existing alley is paved, and no additional travel lanes are required. Furthermore, the existing alley does not need to be widened or lengthened to provide the continuous paved access as stated in the LDR Section quoted. Accordingly, the owner asserts that the referenced LDR Section does not require him to conduct maintenance on an existing paved alley. 14. Please note, a Financial Guarantee in accordance with LDR Section 2.4.10 may be required to ensure the timely and proper installation of public improvements which are required to support the proposed development. Refer to LDR Section 2.4.10 (A) for items which require a Financial Guarantee. The Financial Guarantee (surety) amount is quantified in the approved Engineer's Opinion of cost. Surety format can be Letter of Credit, Cash Deposit or Performance Bond (Subdivision Format). Surety is required prior to issuance of any permits from the Building Permit Department. Duly noted. Please move this comment to final engineering comments. 15. Developer will be required to contribute funds towards the City's US 1 Beautification project. Contribution is $93.00 per linear foot and would be required for the frontage along both S.E. 5t" and 6t" Avenue. Duly noted. 16. Please resubmit through the Planning and Zoning Department; and clearly indicate which documents are for the Engineering Division. Also, ensure a complete set of plans is provided for the Engineering Division. Duly noted. 17. Additional comments may follow after review of revised plans. LANDSCAPE ANALYSIS A landscape plan has been submitted and evaluated by the City Senior Landscape Planner. The landscape plan provides for perimeter and interior landscape areas in addition to building foundation landscape material. The design of the landscape for the Downtown Delray Medical Centre is based upon the design of the building. The landscape repeats in symmetry the same materials in the same locations as the SPRAB: Meeting of: 12/11/13 Class V Site Plan, Landscape Plan, and Architectural Elevations for the Downtown Delray Medical Centre Page 10 repeated architectural elements of the building. In general terms, the landscape is contemporary, minimalistic and complementary of the building. At the building entrances, Alexander palms are proposed to provide vertical elements in keeping with the increased height of the architecture. Under the Alexander palms, dark green dwarf Asian jasmine is proposed to be the base planting. Along the lengths of the building at the foundation, a band of Muhly grass with a light shade of purple and a band of black slate is used to reinforce the lines of the building. Four Christmas palms also reinforce the horizontal length of the building but provide interest by projecting above the "eyebrow". The Christmas palms are under-planted with colorful Bromeliads. Blue tropical Wisteria Vines will be provided on the stainless steel vertical cable rail of the "green wall" segment of the building and ground orchids with purple blooms will be located in front of the "green wall" to signify this different architectural element. The landscape material proposed includes: 22 Christmas Palm trees, 10 Black Bamboo, 10 Green Buttonwood, 8 Satin Leaf, 2 Silver Buttonwood, and 18 Alexander Palm trees. The under-planting material proposed includes: 6"-high Zoe and Imperial Bromeliad, 18"-high Horizontal Cocoplum hedge, 24"-high Cocoplum Hedge, 12"-high Blueberry Flax Lily, 10"-high Green Island Ficus, 12"-high Dwarf Yaupon, 12"-high Muhly Grass, 24"-high Podocarpus Hedge planted 24" on-center and an 6"-high Asian Jasmin. The landscape islands will feature Green Buttonwood and Satin Leaf trees under planted with Horizontal Cocoplum and Dawrf Yaupon. The East Property line will be planted with Alexander Palms and Timor Black Bamboo trees under planted with Zoe and Imperial Bromeliad, Asian Jasmin, Muhly Grass, and Tropical Wisteria. The landscape plan submitted has been evaluated by the City Senior Landscape Planner and complies with LDR Section 4.6.16. However, there are a few technical items that need to be addressed. Landscape Technical Items: While the revised landscape plan has been submitted to accommodate staff concerns, the City Senior Landscape Planner has not yet performed the review of the revised landscape plan, and thus, the original comments may still be listed below and are to be addressed prior to site plan certification. 1. Per LDR 4.6.16(H)(4), all buildings shall have foundation trees spaced so that their canopies will be touching at maturity. The sides of buildings 1 and 2 which face the Federal Highway right-of-way do not meet this requirement. I realize that the placement of additional trees will block the proposed signage. As a result, I would accept a simple change in plant material. Swapping out the proposed Muhly grass for Cat Palms would add a bit more verticality to the landscape as well as a different texture. Specify these to be a minimum of six feet (6) in height. The following statement has been provided by the applicant. "Our opinion is that the landscape surrounding the building should be uniform and simple to conform to the contemporary style of the building. We have repeated the same plant material in the same locations as the repeated architectural elements to reinforce and compliment the building. Our preference is to keep the Muhly grass in the SPRAB: Meeting of: 12/11/13 Class V Site Plan, Landscape Plan, and Architectural Elevations for the Downtown Delray Medical Centre Page 11 locations as we have designed, to be consistent around all elevations of the building". 2. The engineering plans show an overhead line running north and south between buildings 1 and 2. These lines will have to be buried or removed in order to accommodate the proposed landscaping. Label on site, engineering and landscape plans what is being proposed for this overhead line. The landscape between the buildings is comprised of FPL approved palms and other plant material. 3. Per LDR 4.6.16(H)(3)(n), all existing soil within landscape areas adjacent to vehicular use areas is required to be removed (to 30" below grade), inspected and then replaced with a sixty to forty (60/40) mix of sand to topsoil, native soil that has been screened of rock or another mixture suggested by the Landscape Architect. Provide note on plans. Include in plans the illustration found in LDR 4.6.16(H)(3)(n). The detail has been added. 4. A Landscape Maintenance Agreement is required for the proposed plantings outside the property line. Submit the signed agreement with the supporting exhibits (as outlined in the agreement) as quickly as possible. This will have to get executed by City Commission. The landscape maintenance agreement will be provided by the Owner. ARCHITECTURAL ELEVATIONS LDR Section 4.6.18(B)(14) Criteria for Board Action: The following criteria shall be considered, by the Site Plan Review and Appearance Board (SPRAB), in the review of plans for building permits. If the following criteria are not met, the application shall be disapproved: (a) The plan or the proposed structure is in conformity with good taste, good design, and in general contributes to the image of the City as a place of beauty, spaciousness, harmony, taste, fitness, broad vistas, and high quality. (b) The proposed structure, or project, is in its exterior design and appearance of quality such as not to cause the nature of the local environment or evolving environment to materially depreciate in appearance and value. (c) The proposed structure, or project, is in harmony with the proposed developments in the general area, with the Comprehensive Plan, and with the supplemental criteria which may be set forth for the Board from time to time. The proposed architectural style is a contemporary architectural design with long horizontal clean lines and very simple geometry. The materials will be a blend of aluminum, glass, and stucco with simulated wood accents. The project features green walls that are an integral part of the elevations, as well as cantilevered eye-brows over the windows in order to add depth to the facades. All roof top mechanical equipment SPRAB: Meeting of: 12/11/13 Class V Site Plan, Landscape Plan, and Architectural Elevations for the Downtown Delray Medical Centre Page 12 will be screened with parapet walls. The proposed buildings include design elements such as: an impact resistant storefront system with anodized aluminum frames, cantilevered poured-in-place concrete eye-brows, and decorative exterior facade panels with a simulated wood veneer. A decorative stainless steel vertical cable rail to dress up the green wall along the west elevation of Building #2 on SE 5th Avenue, and a decorative wall mounted light fixtures with an anodized aluminum finish are also proposed. The walls of the building will have smooth stucco finish and will be painted white, with wood color veneer decorative panels, and concrete grey cantilevered eye- brows with aluminum framed windows and doors. The architectural elevations of the two buildings incorporate diversity in color, two different shapes of windows and two door shapes. The site lay out accommodates up to (4) building entry points evenly distributed. The proposed buildings reveal a unified architectural appearance featuring horizontal poured-in-place concrete cantilevered eye-brows that identify the main entrance for each building and protect pedestrians as well as interior office areas from any climate condition (sun and rain). Vertical wood veneer color panels decorate the green walls contained in the buildings and create an attractive street scape. The rhythm and proportionality of the concrete cantilevered aye-brows and wood veneer color panels and green walls create and attractive architectural treatment and generates an appealing presentation and visual interest to the medical office buildings. Based upon the above, positive finding can be made with respect to LDR Section 4.6.18(E). REQUIRED FINDINGS Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, 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 following areas: Section 3.1.1 (A) - Future Land Use Map. The subject property has a zoning designation of General Commercial (GC) and a General Commercial (GC) Future Land Use Map designation. Pursuant to LDR Sections 4.4.9(B)(2), within the GC zoning district medical offices are permitted uses. The GC (General Commercial) zoning designation is deemed consistent with the GC (General Commercial) Future Land Use Map designation. Based upon the above, a positive finding can be made with respect to consistency with the Future Land Use Map designation. Section 3.1.1 (B) - Concurrency: As described in Appendix A, a positive finding of concurrency can be made as it relates to water, sewer, streets and traffic, drainage, parks and recreation, open space, schools, and solid waste. SPRAB: Meeting of: 12/11/13 Class V Site Plan, Landscape Plan, and Architectural Elevations for the Downtown Delray Medical Centre Page 13 Section 3.1.1 (C) - Consistency (Standards for Site Plan Actions): As described in Appendix B, a positive finding of consistency can be made as it relates to Standards for Site Plan Actions. Section 3.1.1 (D) - Compliance with the Land Development Regulations: As described under the Site Plan Analysis of this report, a positive finding of compliance with the LDRs can be made, when all outstanding items attached as conditions of approval are addressed. COMPREHENSIVE PLAN POLICIES A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following objective is noted. Future Land Use Element Objective A-1: Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate and complies in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. The property was previously occupied by the Chesterfield's restaurant. The redevelopment to a medical center may result in a less intensive type of use of the property as compared to a restaurant with respect to parking, trip generation, hours of operation, etc. With the influx of residential uses and businesses to the downtown area, there will be a future need for services such as medical offices and financial institutions. The development and location of these medical services are appropriate to the periphery of the downtown area and will compliment uses such as retail, restaurants, entertainment, and cultural attractions in the downtown area. Section 2.4.5 (F)(5) - Compatibility (Site Plan Findings): The approving body must make a finding that development of the property pursuant to the site plan will be compatible and harmonious with adjacent and nearby properties and the City as a whole, so as not to cause substantial depreciation of property values. The surrounding zoning designations are GC to the north, south and west; NC (Neighborhood Commercial), RM (Medium Density Residential), and POD (Professional Office District) to the east. The existing land uses are the Delray Beach Teen Center to the north; and retail (hair salon) to the south; medical/professional offices and Barrton Apartment Condominiums to the east; and, the Tzicas Plastic Surgery Medical Center to the west. Nearly 10 years ago the property was occupied by Chesterfield's restaurant. The redevelopment to a medical center will be consistent with the property to the west (Tzicas Plastic Surgery Center) and will not cause a conflict with the nearby residential development. The proposed medical center will be compatible and harmonious to these properties and will not cause a depreciation of property values. REVIEW BY OTHERS SPRAB: Meeting of: 12/11/13 Class V Site Plan, Landscape Plan, and Architectural Elevations for the Downtown Delray Medical Centre Page 14 Community Redevelopment Agency (CRA) The CRA reviewed the site plan request at its meeting of November 22, 2013, and recommended approval of the project. Courtesy Notice: Courtesy notices have been sent to the following homeowner's and civic associations. • Delray Citizens Coalition • The Barrton • Churchill Condo • Osceola Park Letters of objection or support, if any, will be presented at the Site Plan Review and Appearance Board meeting. ASSESSMENT AND CONCLUSION The development proposal is associated with the construction of the construction of two 1-story 6,500 sq. ft. medical office buildings. The project includes the installation of a 46-space parking lot with 10 on-street parking spaces within the property and along the alley r-o-w and 10 spaces along SE 6th Street r-o-w for a total of 66 parking spaces. The property is located at 530 SE 6th Avenue. There are no compatibility concerns with respect to the nearby properties. The proposed development will be consistent with required findings under Chapter 3 (Performance Standards), Section 2.4.5(F)(5) (Compatibility) of the Land Development Regulations, and policies of the Comprehensive Plan, provided the conditions of approval are addressed. ALTERNATIVE ACTIONS A. Continue with direction. B. Move approval of Downtown Delray Medical Centre, by adopting the findings of fact and law contained in the staff report, and finding that the Class V site plan, landscape plan, and architectural elevations and approval thereof is consistent with the policies of the Comprehensive Plan and meets criteria set forth in Chapter 3 (Performance Standards), and Section 2.4.5(F)(5) (Finding of Compatibility) of the Land Development Regulations subject to conditions. C. Move denial of Downtown Delray Medical Centre, by not adopting the findings of fact and law contained in the staff report, and finding that the Class V site plan, landscape plan, and architectural elevations denial thereof is inconsistent with the Comprehensive plan and does not meet the criteria set forth in Chapter 3 (Performance Standards), and Section 2.4.5(F)(5) (finding of compatibility) of the Land Development Regulations. SPRAB: Meeting of: 12/11/13 Class V Site Plan, Landscape Plan, and Architectural Elevations for the Downtown Delray Medical Centre Page 15 STAFF RECOMMENDATION By Separate Motions: Site Plan: Move approval of the Class V site plan for Downtown Delray Medical Centre, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(F)(5) (Finding of Compatibility) and Chapter 3 of the Land Development Regulations (Performance Standards), subject to the following condition: 1 . That four (4) full set of copies of revised plans and a fifth set of plans containing only the site plan, floor plans, and architectural elevations are submitted addressing the conditions of approval and the engineering technical items listed in this staff report. The fifth set of plans is to be sent to the Office of the Appraiser of Palm Beach County by the Planning Department- 2. That the project will be responsible for providing continuous paved access from the nearest paved street (SE 5 " Avenue and/or SE 6th Avenue) to the project in addition to the improvements on its side of the center line of right-of-way. Such improvements must be provided in coordination with the City Engineer. A note to this effect shall be included on the site plan; 3. That the applicant shall provide the full cost of a bus shelter in the amount of $11 ,000 prior to site plan certification; 4. In order to achieve an adequate CPTED natural surveillance, it is recommended that windows should be un-obstructed and landscape material should be maintained either less than 3 feet high or over 6 feet high and trees should not obstruct light fixtures; 5. In order to achieve an adequate CPTED access control concept, the applicant needs to provide descriptive detail as to the type of windows, doors, and bay doors being installed in the proposed buildings; 6. It is recommended that the lights used for the proposed project must be LED fixtures, as they provide the best light with the least amount of glare and color distortion; 7. It is recommended that some sort of CCTV or camera security device be included on strategic locations around the two buildings; and 8. That a re-plat of the property must be processed pursuant to Chapter 5 of the Land Development Regulations and recorded prior to issuance of a building permit. Landscape Plan: SPRAB: Meeting of: 12/11/13 Class V Site Plan, Landscape Plan, and Architectural Elevations for the Downtown Delray Medical Centre Page 16 Move approval of the landscape plan for Downtown Delray Medical Center, by adopting the findings of fact and law contained in the staff report, and finding that the request meets criteria set forth in Section 4.6.16 of the Land Development Regulations, subject to the following conditions: 1 . That all Landscape Technical Items listed in this staff report are satisfied and four (4) copies of the revised plans are submitted. Elevations: Move approval of the architectural elevations for Downtown Delray Medical Center, by adopting the findings of fact and law contained in the staff report, and finding that the request meets criteria set forth in Section 4.6.18(E) of the Land Development Regulations Attachments: Appendix A, Appendix B, Site Plan, Landscape Plan and Architectural Elevations Report prepared by: Estelio Breto, Senior Planner APPENDIX A CONCURRENCY FINDINGS Pursuant to Section 3.1.1(B) Concurrency as defined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Water and Sewer: With respect to water and sewer service, the following is noted: • Water service is available to the site via a service lateral connection to an existing 16" water main along SE 6t" Street. • Sewer service is available to the site via a service lateral connection to an existing north/south 10" sewer main that bisects the property. • Adequate fire suppression is provided to the site via an existing fire hydrant at the southeast corner of the property. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant for the City at build-out. Pursuant to the Comprehensive plan, treatment capacity is also available at the South Central County Regional Waste Water Treatment Plant for the City at Build-out. Streets and Traffic: An analysis of the traffic impact associated with the proposed development was performed in accordance with Palm Beach County Traffic Performance Standards. The proposed development will generate 423 new ADT (Average Daily Trips) with a decrease of 27 AM peak hour trips and an increase 42 PM peak hour trips at a build-out in 2015. The traffic analysis indicates that the proposed development will have an insignificant impact on the directly access links of US-1 Highway northbound and US-1 highway southbound. The applicant has provided a letter from the Palm Beach County Traffic Division indicating that the proposed project meets traffic concurrency. This letter also suggested to the City limiting access to the subject property via SE 6t" Street only to eliminate traffic conflict and improve safety. However, SE 5t" Avenue and SE 6t" Avenue are under the jurisdiction of FDOT (Florida Department of Transportation). FDOT has also provided a letter indicating the following: "The proposed driveways and location are good" (see both letters attached to this staff report). Parks and Recreation Facilities: Park dedication requirements do not apply for non-residential uses. Thus, the proposed development will not have an impact with respect to this level of service standard. Solid Waste: The trash generated each year by the 13,000 square foot medical office center will be 29.9 tons (13,000 x 4.6 / 2,000 = 29.9) per year). The trash generated by the restaurant was 101.54 tons per year. The redevelopment of the property will result in a net decrease of 71.64 tons of solid waste per year. Drainage: Drainage will be accommodated on site via sheet flow to an exfiltration system. There should be no impact on drainage as it relates to this level of service standard. Schools: The project contains no residential component. Therefore, school concurrency is not applicable. APPENDIX B STANDARDS FOR SITE PLAN ACTIONS A. Building design, landscaping, and lighting (glare) shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. Not applicable Meets intent of standard X (Will be met provided the lighting conditions of approval are met) Does not meet intent B. Separation of different forms of transportation shall be encouraged. This includes pedestrians, bicyclists, and vehicles in a manner consistent with policies found under Objectives D-1 and D-2 of the Transportation Element. Not applicable Meets intent of standard X Does not meet intent C. Open space enhancements as described in Policies found under Objective B-1 of the Open Space and Recreation Element are appropriately addressed. Not applicable I X Meets intent of standard Does not meet intent D. The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood. If it is determined that the widening or modification will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted. Not applicable I X Meets intent of standard Does not meet intent E. Development of vacant land which is zoned for residential purposes shall be planned in a manner which is consistent with adjacent development regardless of zoning designations. Not applicable X Meets intent of standard Does not meet intent F. Property shall be developed or redeveloped in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. Not applicable Meets intent of standard X Appendix B Standards for Site Plan Actions Page 2 Does not meet intent G. Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in the Housing Element. This shall be accomplished through the implementation of policies under Objective B-2 of the Housing Element. Not applicable I X Meets intent of standard Does not meet intent H. The City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Not applicable Meets intent of standard X Does not meet intent I. Development shall not be approved if traffic associated with such development would create a new high accident location, or exacerbate an existing situation causing it to become a high accident location, without such development taking actions to remedy the accident situation. Not applicable Meets intent of standard X Does not meet intent J. Tot lots and recreational areas, serving children from toddler to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. 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N �d] b 135 ,5 NI1SI (/� vv Nv5'- -n innnl3 EEG EN17 ���7W <E»2$\{ §tJ\ { } % N >3 L s> ! \ , . `2L ){\} )) §� [Qo- § � :-2 12295 225 2312 921%« \ : cc \ \ \ � _ 22 ,\ n» » ol< \ - _E \4 ,° ,7 ~ \ � ,: ,» w �- \ \ \ ^ w » \\} \\ < O LL ,\ m \ _ � \ < � _ ^< k§ \ ® jD)2 - - >_ illo§Lu - � k§ y� « \m© f ° ��|! g � / : ganD NI Q \�-linos \\ . . /\ § /n � - n,: ,; , £8h££'Id`HOVHg iV'd IHa`HfINHAV 1139 HS o6z a sxaaoIaoaaxaisVO ■■¢ p faro££VQRIO'IA`HOVHg VdIHa ^ x w z ff2ILNff0 IVOIaffY�I IV2I Iffa N Y10 LN Y10a z o° m= p Q P- w I H 'S'!1 (0 ®999 a + O 9 �+ tA ana L LIT�� cHS,S "3�S) - TN'Ofl HHIH 'S'❑ a w MEMORANDUM W TO: Mayor and City Commissioners FROM: Rafael Ballestero, Deputy Director of Construction Randal Krejcarek, Director of Environmental Services THROUGH: Terry Stewart, Interim City Manager DATE: October 24, 2014 SUBJECT: AGENDA ITEM 8.B.-REGULAR COMMISSION MEETING OF DECEMBER 2,2014 CONTRACT CLOSEOUT(CO#1/FINAL)/B&B UNDERGROUND CONTRACTORS,INC./N. LAKE IDA AREA WM P/N 2010-069 BACKGROUND Consider a recommendation to approve a Contract Closeout (Change Order No. 1/Final) and final payment, in the amount of$19,189.57, to B & B Underground Contractors, Inc., for completion of the North Lake Ida Area Water Main Project#2010-069. On February 4, 2014, Commission approved a bid award (Bid #2014-11) in the amount of$389,085.00 to B & B Underground Contractors, Inc., for the construction of the North Lake Ida Area Water Main Project. The project scope of work consisted of the construction of approximately 702 linear feet of 16 inch water main, 2,234 linear feet of 8 inch water main, 33 water services, two (2) fire hydrants; and construction of approximately 3,132 square yards of roadside swale grading and sodding. This project also included clearing and grubbing, maintenance of traffic, asphalt trench repair and driveway apron removal and replacement. Change Order No. 1/Final, in the net contract reduction amount of$5,293.50, includes plus and minus quantity adjustment and liquidates the residual from contingency allowances. All changes for the project are itemized on the attached Schedule "A". The project is complete and all closeout documentation has been received. CO #1/Final is in compliance with the Code of Ordinances, Chapter 36, Section 36.06, "Change Orders", (A)(2) "Within the Scope of Work". After final payment in the amount of$19,189.57 is made, residual funds, in the amount of$5,293.50, will be liquidated from Purchase Order#697466 to Funding Account#442-5178-536-68.64. DISCUSSION The item before City Commission is the approval of a contract closeout (CO#1)/Final) in the net contract reduction amount of ($5,293.50) and a final payment amount of $19,189.57 to B & B Underground Contractors, Inc. for completion of the N. Lake Ida Area Water Main Project #2010-069 per Code Section 36.06, "Change Orders", (A)(2), "Within the Scope of Work". TIMING OF THE REQUEST This item is time sensitive; contractor cannot be paid final payment for completion of the project until approved by Commission and the final change order is fully executed. FUNDING SOURCE No funding is required. RECOMMENDATION Through a motion approve Contract Closeout (Change Order No. 1/Final) to B &B Underground, Inc., which includes the net contract reduction amount of($5,293.50), and approval of final payment, in the amount of$19,189.57, to B & B Underground, Inc., for completion of the N. Lake Ida Area Water Main Project. CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. I/Final(Contract Closeout) PROJECT NO. 2010-069 DATE: PROJECT TITLE: N.Lake Ida Area Water Main TO CONTRACTOR: B&B Underground Contractors,Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. .JUSTIFICATION: Complete changes to project per the attached Schedule"A". SUMMARY OF CONTRACT AMOUNT/CHANGES ORIGINAL CONTRACT AMOUNT $389,085.00 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ .00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $389,085.00 COST OF CONSTRUCTION CHANGES THIS ORDER (S 5,293.50) ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $383,791.50 PERCENT DECREASE.THIS CHANGE ORDER -1.36% TOTAL PERCENT DECREASE TO DATE -1.36% CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate and that the prices quoted are fair and reasonable. B&B Underground Contractors,Inc. (Contractor to sib&seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding is available from account: NIA - No Funding is Required DEPARTMENT FUNDING CERTIFIED BY DELRAY BEACH,FLORIDA RECOMMEND: By: Environmental Services Cary D. Glickstein,Mayor ATTEST: APPROVED: By: City Attorney City Clerk S IEngAdmm�Projecis`,201012010-06910FF1CLAL.Agenda Backup CO 91 Final MB GC 1202141CO1 final B&B Underground N Lake Ida WM GC 120214 dnc SCHEDULE"A" TO CHANGE ORDER NO.I/FINAL(CONTRACT CLOSEOUT) B&B UNDERGROUND CONTRACTORS,INC. N.LAKE IDA AREA WATER MAIN PROJECT 92010-069 ITEM CONTRACT AWARD CONTRACT TO DATE NO DESCRIPTION UNIT EST. UNIT PRICE TOTAL ACTUAL UNIT PRICE EXTENDED QUAINT ADJ. QTY. QTY, TOTAL PRICE +!- I Mobilization/Demobilization LS 1 $ 14,000.00 $ 14,000.00 1 $ 14,000.00 $ 14,000.00 $ 2 Traffic Maintenance LS 1 $ 6,000.00 $ 6,000.00 1 $ 6,000.00 $ 6,000.00 $ 3 Clearing&Grubbing LS 1 $ 35,000.00 $ 35,000.00 1 $ 35,000,00 $ 35,000.00 $ 4 Open.Cut Pavement As halt Trench Repair LF 650 $ 40.00 $ 26,000.00 675 $ 40.00 $ 27,000.00 $ 1,000.00 5 Asphalt Drive Apron wlbase SF 200 1 $ 5.00 $ 1,000.00 192 1$ 5.00 $ 960.00 $ (40.00) 6 Concrete Driveway Apron 6"thick) SF 200 $ 6.00 $ 1,200.00 841 $ 6.00 $ 4,866.00 $ 3,666.00 Removed and Replace Existing Brick Paver Drive 7 Apron LF 120 $ 40.00 $ 41800.00 111 $ 40.00 $ 4,440.00 $ (360.00) 8 1 8"PVC W.M. LF 2,100 $ 35.25 $ 74,025.00 2,234 $ 3525 $ 78,748.50 $ 4,723.50 9 16"DIP W.M. LF 740 $ 98.00 $ 72,520.00 702 $ 98.00 $ 68,796.00 $ (3,724.00) 10 6"x 6"T.S.&Valve EA 2 $ 2,500.00 $ 5,000.00 2 $ 2,500.00 $ 5,000.00 $ 11 8"x 8"T.S.&Valve EA 2 $ 2,800.00 $ 5,600.00 2 1 $ 2,600.00 $ 5,6DO.DD $ 12 16"Line Stop EA 2 1 $ 7,000.DO $ 14,000.00 2 $ 7,000.00 $ 44,000.00 $ 13 6"Crate Valve EA 2 $ 965.00 $ 1,930.00 2 $ 965.00 $ 1,930.00 $ - 14 8"Gate Valve EA 6 $ 1,400.00 $ 6,400.00 10 $ 1,400.00 $ 14,000.00 $ 5,600.00 15 16"Gate Valve EA 2 $ 61OOD.DO $ 12,000Ac 2 $ 6,000.00 $ 12,000.00 $ - 16 Sample Point EA I ID $ 650.00 $ 6,500.00 10 $ 650.00 $ 6,500.00 $ 17 Fill&Flush Assembly EA 8 $ 1,475.00 $ 11,800.00 5 $ 1,475.00 $ 7,37500 $ 4,425.00) 18 Fire Hydrant Assembly EA 2 $ 3,250.00 $ 6,500.00 2 $ 3,250.00 $ 6,560.00 $ 19 Single Water Service EA 27 $ 900.00 $ 24,300.00 33 $ 900.00 $ 29,7o0.00 $ 5,400.00 20 8"Epoxy Lined DIT(Sewer) LF 60 $ 60.DO $ 3,600.00 0 $ 60.00 $ Removed Ex_8"VCP Sewer,Ex.2"Water Main and 21 Fx.16"Water Main LS 1 $ 14,OD0.DO $ 14,000.00 1 $ 14,000.00 $ 14,000.00 $ 22 Sodded Swale SX 5.400 $ 3.50 $ 18,900.00 3,132.6 $ 3.50 $ 10,964.00 $ (7,936.00) 23 As-Bat Drawings LS 1 $ 7,000.00 $ 7,000.00 1 $ 7,DOO,DO $ 7,000.00 $ 24 Utility Allowance(Breakdown Below) LS 1 $ 10,000-00 $ 10,000.00 0.7402 $ 10,000.00 $ 7,402.00 $ 2,598.00) Cost for the substitution of two 16"butterfly valves in lien of two 16"gate valves;the 16'gate valves are very tall and do not allow for the appropriate amount of 1 $ 3,300.00 ground cover. Approved by ESD Director. Cost to install a reverse tap on Swinton Ave.;on the existing 6"water maim in order to connect to the newly installed water main improvements. Approved by ESD 1 $ 4,102.00 Director. 25 Irri tionAllowance LS 1 $ 1,000.00 $ 1,000.00 0 $ 1,000.00 $ 26 Landscaping Allowance LS 1 $ 2,000.00 $ 2,D00.00 0 $ 2,D00 DO $ 27 Video Allowance LS 1 $ 2,000.00 1$ 2,000.00 1 $ 2,000.00 $ 2,000.00 $ 28 Indemnification LS ] $ 10.00 $ 10.00 1 $ 10.00 $ 10.00 $ TOTAL ORIGINAL CONTRACT AWARD $389,085.00 $383,791.50 $ (5,293.50) Original Contract Award $389,085.00 Previously Approved Changes $0.00 Total AwardlApproved to Date $389,085.00 Final Contract to Date $383,791.50 CHANGE ORDER NO. 1 /FINAL $ {5,293.50) Page 1 of 1 ST, D HEATHEP I d ST_ HIGHLA� I 3 _ WAY IT N.W. 12TH ST N,L. I ; Ty SIr 1 �T . N.E. i D Ti. � z o 11TH ST- N,E. TTW� N j 1 o Q I U f W N.E. 9TH ST. Q � 3 a w > - I a 4 Q - � W, T a Li STH ST. 0 GEORGE 7TH S T. N.E. 7TH ST. o �> i I d p [)ATE 09/21/2011 CITY of DELRAY BEACH LOCA110N MAP LAKE f0 WI1 LOCIIAP dEIWIRONMENTAL SEFMCES DEPARTAAENT N. LAKE IDA WM 434 BOUFN uwwoN AVEMIE,Pajw PEACH,F-0MA 33444 2010-069 1 of 1 w MEMORANDUM W TO: Mayor and City Commissioners FROM: Environmental Services Department Rafael Bellestero, deputy director of Construction Randal Krejcarek, Director of Environmental Services THROUGH: Terry Stewart, Interim City Manager DATE: November 3, 2014 SUBJECT: AGENDA ITEM 8.C.-REGULAR COMMISSION MEETING OF DECEMBER 2,2014 CONTRACT CLOSEOUT(COUNINAL)/MANCIL'S TRACTOR SERVICE,INC./P/N 12-042 BACKGROUND Consider a recommendation to approve a Contract Closeout (Change Order No. 3/Final) and final payment, in the amount of$16,893.00, to Mancil's Tractor Service, Inc., for completion of the NE 1st Ave. Improvements Project#12-042. On October 15, 2013, Commission approved a contract award, in the amount of $569,206.61, to Mancil's Tractor Service, Inc., for the construction of Roadway Improvements on NE 1 st Avenue from NE 1st Street to NE 2nd Street. The scope of the project included sidewalks, drainage, lighting, swales, landscape islands, parallel parking, irrigation and landscaping. This project completes the streetscape improvements for the balance of the block. On June 3, 2014, Commission approved Contract Addition (CO #1), in the amount of$27,516.55, for additional drainage work. Change Order No. 1 addressed the drainage issue and has promoted positive drainage. The work included the elimination of one parking space and the addition of two drainage inlets, associated pipe and pavement restoration; five (5) additional days were added to the contract time. On August 5, 2014, Commission approved Change Order No. 2, for a contract time extension of ten (10) days, and additional scope in the amount of $14,700.25; which was funded from the contract's contingency allowance. The additional scope of work consisted of the removal, stabilization and replacement of a brick paver crosswalk; replacement of existing brick paver sidewalks, aprons and curbs at three locations along NE 1 st Avenue. Change Order No. 3/Final, in the net contract reduction amount of$33,623.23, includes plus and minus quantity adjustment and liquidates the residual from contingency allowances. All changes for the project are itemized on the attached Schedule "A". The project is complete and all closeout documentation has been received. CO #3/Final is in compliance with the Code of Ordinances, Chapter 36, Section 36.06 (A)(2), "Change Orders/Within the Scope of Work". After final payment in the amount of$16,893.00 is made, residual funds, in the amount of$33,623.23, will be liquidated from Purchase Order#696064 as follows: $32,777.96 #334-3162-541-68.84 $ 845.27 #448-5461-538-68.84 $33,623.23 Total Amount Liquidated DISCUSSION The item before City Commission is approval of the Contract Closeout (CO#3)/Final) in the net contract reduction amount of ($33,623.23) and a final payment amount of $16,893.00 to Mancil's Tractor Service, Inc. for completion of the NE 1st Ave. Improvements Project #12-042 per Section 36.06, 'Change Orders", (A)(2), "Within the Scope of Work". TIMING OF THE REQUEST This item is time sensitive; contractor cannot be paid final payment for completion of the project until approved by Commission and the final change order is fully executed. FUNDING SOURCE No funding is required. RECOMMENDATION By motion, approve Contract Closeout (Change Order No. 3/Final) to Mancil's Tractor Service, Inc., in the net contract reduction amount of ($33,623.23); and by motion, approval of final payment, in the amount of $16,893.00, to Mancil's Tractor Service, Inc.; for completion of the NE 1st Avenue Improvements Project. CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 3/Final(Contract Closeout) PROJECT NO. 12-042 DATE: PROJECT TITLE: NE V Ave. Improvements TO CONTRACTOR: Mancil's Tractor Service,Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Complete changes to project per the attached Schedule"A". SUMMARY OF CONTRACT AMOUNT/CHANGES ORIGINAL CONTRACT AMOUNT $569,206.61 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 27,516.55 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $596,723.16 COST OF CONSTRUCTION CHANGES THIS ORDER ($33,623.23) ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $563,099.93 PERCENT DECREASE THIS CHANGE ORDER 5.90% TOTAL PERCENT DECREASE TO DATE +1.07% CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate and that the prices quoted are fair and reasonable. Mancil's Tractor Service,Inc, (Contractor to sign&seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding is available from Account: N 1 A--No Funding is Required DEPARTMENT FUNDING CERTIFIED BY DELRAY BEACH,FLORIDA RECOMMEND: By: Environmental Services Cary D.Glickstein,Mayor ATTEST: APPROVED: By: City Attorney City Clerk SCHEDULE, "A" TO CHANGE ORDER NO.3/FINAL(CON'T'RACT CLOSEOUT) hIANCJL'S TRACTOR SERVICE,INC. NE IST AVE.IAIPROVENiIENTS- PROJECT NUNIBER I2-042 ITEM CONTRACT AWARD CONTRACT TO DATE N0. DESCRIPTION UNIT EST. UNIT PRICE TOTAL ACTUAL UNIT PRICE EXTENDED QUANT ADJ. QTY. QTY. TOTAL PRICE +I- GENERAL CONDITIONS I Site Mobilizaticri0emobi€izalion LS l $ 36,500.00 $ 36,500.00 1 $ 36,500.00 $ 36,500.00 $ 2 Maintenance of Traffic LS 1 $ 35,000.00 $ 35,000.00 1 $ 35,000.00 $ 35,000.00 $ 3 As-Built Record Drawings LS L $ 9,850.00 $ 9,850-00 1 $ 9,850.00 $ 9,850.00 $ 4 NPDES Permit/Erosion Control LS I $ 21,750.00 $ 21,750.00 1 $ 21,750,00 $ 21,750.00 $ 5 Indemnification LS 1 $ 10.00 $ 10.00 1 $ 10.00 $ 10.00 S 6 Project ldentificationSign LS 1 $ 1,000.00 $ 1,000.00 1 $ 1,000.00 $ 1,000.00 $ DEMOLITION 7 Remove Existing Drivew^a s SY 1 125 $ 15.00 $ 1,875.00 131 S 15.00 $ 11965.00 $ 90.00 S 1 Remove Existing 2"Water Main incl.plugs) LF 1 180 $ 14.19 $ 2,554.20 179 $ 14.19 $ 2,540.01 $ 14.19 9 Remove Existing Concrete Sidewalk LF 420 $ 10.00 $ 4,200.00 430 1$ 10.00 $ 4,300.00 $ 100.00 Remove Existing Pavement Section(asphalt and 10 roadbase-varying thickness) SY 950 $ 10.00 $ 9,500.00 901 $ 10.00 $ 9,010.00 $ 490.00 11 Remove Existing Concrete Curb LF 260 $ 10.00 $ 2,600.00 262 $ 10.00 $ 2,620.00 $ 20.00 ROADWAY 12 1 t12"T 8-3 Asphalt 2 lifts Incl.tack coat SY 250 $ 25.60 $ 6,400.00 276 $ 25.60 $ 7,065.60 $ 665-60 13 1 8"Limerock Base includes prime coat SY 1 250 $ 16.60 $ 4,150.00 151 $ 16.60 $ 2,508.60 $ 1,643.40 14 12"Stabilized Sub de SY 520 $ 10.00 $ 5,200.00 151 $ 10,00 $ 1,510.00 $ 3,690.00 15 Paver Intersection(NE 1st Ave1NE 1st St.&NE Ist $ 29,837.50 3,361 $ 8,75 $ 29,408,75 $ (428.75) Avc/NE 2nd St. SY 3,410 $ 8-75 16 Mill I"Asphalt&Overlay l"Type S-3 Asphalt(incl. SY 1,800 $ 13.15 $ 23,670.00 1790 $ 13.15 $ 23,538.50 $ (131.50) tack coat) 17 5'Wide Paver Sidewalk w/Concrete Border LF 420 $ 53.00 $ 22,260.00 450 $ 63.00 $ 23,850.00 $ 1,590.00 18 Remove&Reinstall Existing Paver Sidewalk LF 200 $ 50.25 $ 10,050.00 200 $ 50,25 $ 10,050.00 $ - 19 ConcreteDrivewa Aron SF 1,460 $ 4.75 $ 6,935.00 1438 $ 4.75 $ 6,830.50 $ 104.50 20 Flowablc Fill IWIe PSI,di gable CY 20 $ 325.00 $ 6,500.00 15 $ 325.00 $ 4,875.00 $ 1,625.00 21 Curb Ramps wltactile surface pavers EA 8 $ 1,825.00 $ 14,600.00 $ 1$ 1,825.00 $ 14,600,00 $ 22 Paver Cross-walk at intersection SF I,600 $ 8.60 $ 13,760.00 1536 $ 8.60 $ 13,209.60 $ 550.40 23 Concrete Header Curb at Cross-Walk LF 450 S 14.25 S 6,412.50 433 $ 14.25 $ 6,170.25 $ 242.25 24 1 Valley Gutter LF 400 $ 13.25 $ 5,300.00 526 $ 13.25 $ 6,969.50 $ 1,669.50 25 Type F Curb LF 710 $ 13.50 $ 9,585.00 689 $ 13.50 $ 9,301.50 $ 283.50 25 Pavemen(Markings LS 1 $ 2,875.00 $ 2,875.00 1 $ 2,875.00 $ 2,875.00 $ - 27 Remove and Reinstall Existing Signs EA 1 $ 115.00 $ 115.00 1 $ 115.00 $ 115.00 $ 28 Decorative Bollards EA 8 $ 1,006.00 $ 8,648.00 8 $ 1,006.00 $ 8,048.00 $ DRAINAGE 29 ii-Cut Pavement Repair LF 175 $ 52.25 $ 9,143.75 175 $ 52.25 $ 9,143.75 $ 30 T C Draina e Inlet EA 2 $ 3,187.50 $ 6,375.60 2 $ 3,187.50 $ 6,375.00 $ 31 Type E Draina a Inlet EA 2 $ 4,131.25 $ 6,262.50 2 $ 4,131.25 $ 8,262.50 $ 32 4'Diameter Doghouse Manhole w/Fmme&Lid EA 1 $ 5,981.25 $ 5,961.25 1 $ 5,981.25 $ 5,981.25 $ 33 Remove Existing Grate&Replace with Solid Lid EA 3 $ 2,731.25 $ 8,193.75 3 $ 2,731.25 $ 8,193.75 S 34 15"RCP I.F 170 S 68.63 $ 11,687.10 169 $ 68.63 $ 11,598.47 $ 68.63 35 Connect 10 Existing Draina a Structure Core inlet EA 3 $ 1,331.25 $ 3,993.75 3 $ 1,331.25 $ 3,993.75 $ \VATER MAIN 36 8"DIP WM(RR),incl.Compact MJ Fittings(cement LF 175 $ 67.94 $ 11,889.50 175 $ 67.94 $ 11,889.50 $ lined) 37 Connect to Existing Water Main(incl.removal of EA 2 $ 931.25 $ 1,862.50 2 $ 931.25 $ 1,862.50 $ existing plug) 38 8"Gate Vale EA 2 $ 1,700.00 $ 3,400.00 2 $ 1,700.00 $ 3,400.00 $ 39 2"PE Single Water Service w/Curb Stop&New EA 5 $ 2,656.25 $ 13,281.25 5 $ 2,656.25 $ 13,281.25 $ Meter Box 40 2"PE Double Water Service w/Curb Stop&New EA 2 $ 5,218.75 $ 10,437.50 2 $ 5,218.75 $ 10,437.50 $ Meter Box 41 Sample Point EA 2 $ 543.75 $ 1,087.50 2 $ 543.75 $ 1,087.50 $ 42 Fill&Flush Connection EA 2 $ 1,281.25 $ 2,562.50 2 $ 1,281.25 $ 2,562.50 $ 43 Remove Existing Water Meter Box EA 7 $ 531.25 $ 3,718.75 7 $ 531.25.1.$.. 3,718.75 $ Page 1 of 2 SCHEDULE"A" TO CHANGE ORDER NO.31 FINAL(CONTRACT CLOSEOUT) nIANCIL'S TRACTOR SERVICE,INC. NE 1ST AVE. .Ili IPROVEMENTS- PROJECT NUMBER 12-042 LAM)SCAPIISG 44 Remove Existing Tree EA 7 $ 218.50 $ 1,529.50 7 S 218.50 $ 1,529.50 $ 45 Glossy Shower-45 gal.;14'8,3 Cal. EA 1 $ 391.92 $ 391.92 1 $ 391.92 $ 391.92 $ - 46 Rio Rise Oak-65 al.;16'-18'x G-8;4.5°Cal„NC EA 1 $ 993.93 $ 993.93 1 S 993.93 $ 993.93 $ 47 Foxtail Palm-22'Cveralll3t.;lY Clear Wood;10' EA 5 $ 393.76 $ 1,968.80 5 $ 393.76 $ 1,988.86 $ Cal;B&B 48 5 iadlePal m-45gal,;4'ClearWood;DoubleHead EA 6 1$ 363.63 $ 2,181.78 8 1$ 363.63 $ 2,181.78 $ 49 Bromelaid,7 gal. EA 27 $ 53.48 $ 1,443.96 27 $ 53.48 $ 1,443.96 $ 50 Green Island Ficus-3 gal.;14'x 14";24"o.c. EA 391 $ 10.74 $ 4,199.34 391 $ 1034 $ 4,199.34 $ 51 Roct Barrier 36"depth panels) LF 50 $ 8.05 $ 402.50 39 $ 8.05 $ 313.95 $ 88.55) 52 Mulch livcrcd in 2-cubic ft.bags) BAGS 183 $ 4.31 $ 788.73 183 $ 4.31 $ 78833 $ 53 Planting Soil CY 325 $ 49.16 $ 6,145.00 125 S 49.16 $ 6,145.00 $ 54 1 Bahia Sod SF 510 $ 0.29 $ 147,90 510 $ 0.29 $ 147.90 $ 55 Guying and Staking Trees&Palms EA 7 $ 17.25 S 120.75 7 $ 17.25 $ 120.75 $ 56 11/2"SCS.40 PVC Sleeve wiCa s LF 50 $ 3.45 S 172.50 5o S 3A,9 S 172.50 S - 57 hrigation System LS 1 $ 4,140.00 $ 4,140.00 1 $ 4,140.00 $ 4,140.00 $ LIGHTI\G 58 "Modifications at RdStiug Electrical Service Rack- LS 1 $ 2,524.25 $ 2,524.25 1 S 2,524.25 $ 2,524.25 $ Complete 59 Decorative Light Pole Assembly-Complete(LED) EA 9 $ 6,574.55 $ 59,170.95 9 $ 6,574.55 $ $0,170.95 S Single Fixture Mounting 60 Decorative Ligbt Pole Assembly-Complete(LED) EA 1 $ 10,775.50 $ 10,775.50 1 $ 10,775.50 $ 10,775-50 $ Double Fixture Mounting 61 Conduit VC Sch40,and Wiring.Complete IS 1 $ 28,715.50 $ 28,715.50 1 $ 28,715.50 $ 28,715.50 $ ALLOWANCES 62 Professional Video Allowance LS 1 $ 1,000.00 $ 1,000,00 0.25 $ 1,000.00 $ 250.00 $ 50.00 Unforeseen Conditions Allowance-'Change Order No.2 Additional scope to include an additional brick paver crosswalk and removal and replacement of 63 existing bricks at(3)iofill locations;and a(10)day LS 1 S 30,000.00 $ 30,000.00 0.41 $ 30,000.00 $ 12,352.34 $ (17,647.66) contract time extension to complete the woik- Approved by Commission on July 15,2014, Amount approved: $14,760.25;Actual Cost: 512,352.34 64 1 FPL Allowances LS 1 $ 10,009.00 $ 10,000.00 1 0 $ 10,000.00 1$ $ 10,000.00 TOTAL ORIGINAL CONTRACT AWARD $569,206.61 $536,583.38 $ (33,623.23) Chancle Order No.1,-Additional Drainage Soope;and a(5)day contract time extension. LS 1 $27,516.55 -$ 27,516.55 1 S 27,516.55 $ 27,516.55 S Approved by Commission June 3,2014. 1 11 GRAND TOTAL CONTRACT AWARD&CO#1 $596,723.16 $563,099.93 $ (33,623.23) Original Contract Award $569,206.61 Previously Approved Changes $27,516.55 Total Award/Approved to Date $596,723.16 Final Contract to Date $563,099.93 CHANGE ORDER NO,1 1 FINAL $ (33,623.23) Change Order No.2 was paid out of the Contract's Unforeseen Conditions Allowance(see above) Page 2 of 2 ,d I I 5T .... .. . N.E. 3.RD. .cr F7d� I ILIJ w E ] f E f Q I I � I I11 I I I i� I� I 1 1 I1 Q 14.NG I R. DRIVE N.E. Li ice, I� I r y I ' I j � I l i comm. CENTER I Cnl Y N.E. Li i k Li 77 z I �z I TENN;S m � CENTER SCUAP.E C'4 � I LE r 11 ' 1 fJ l i i l h- 7 ' L�J�W I �—L I U � I I �.--3 II I Q � d a � ST. 5.E. 1ST o i I> ! PIE € dam- 7 ¢ � �€ ' � I N iL o OATE:05/29/2012 CITY of DELRAY REACH NE LOCATION RaMAr�l=N�s E 1ST AV m�au�€x a ENVIRONMENTAL SERVICES DEPARTMENT 434 SOUTH SWrCN AVENUE,DB.RAY BEACH,FLOMA SM44 12-042 I of 1 [ii w MEMORANDUM W TO: Mayor and City Commissioners FROM: Victor Majtenyi, Deputy Director of Public Utilities Randal Krejcarek, P.E., Director of Environmental Services Department THROUGH: Terry Stewart, Interim City Manager DATE: November 19, 2014 SUBJECT: AGENDA ITEM 8.D.-REGULAR COMMISSION MEETING OF DECEMBER 2,2014 CONSENT TO ASSIGNMENUTHE DUMONT COMPANY,INC.TO HAWKINS,INC BACKGROUND Request approval of the Consent to Assignment from The Dumont Company, Inc. to Hawkins, Inc. The Dumont Company, Inc. (Dumont)provides fluoride used in the water treatment process. The Dumont Company, Inc. has been acquired by Hawkins, Inc. The company will continue to conduct business as Dumont, but will legally be a part of Hawkins, Inc. They will continue to perform business as usual for their customers. Dumont will continue to perform by the existing terms and conditions of the original agreement dated December 11, 2012. DISCUSSION Consider approval of the Consent to Assignment for The Dumont Company, Inc. to Hawkins, Inc. TIMING OF THE REQUEST The approval of this Consent to Assignment is of high importance, as it is required for the renewal of the contract for chemical fluoride used in the water treatment process. RECOMMENDATION Through a motion, approve the Consent to Assignment for The Dumont Company, Inc. to Hawkins, Inc. CONSENT TO ASSIGNMENT The undersigned, the City of Delray Beach,a Florida municipal corporation,being a parry under that certain agreement dated December 11,2412 and originally between the City of Delray Beach and The Dumont Company. Inc., does hereby give consent to the assignment of the above-stated Agreement from The Dumont Company, Inc.to Hawkins, Inc.which shall assume all tcrtns and conditions of the original Agreement. IN WITNESS WHEREOF, the undersigned has signed this instrument on this day of ATTEST: CITY OF DELRAY BEACH,FLORIDA By: By: City Clerk Mayor Approved as to legal form and Sufficiency: By: City Attorney The Dumont COMDariv. Inc. Hawkins,Inc. Date: f 1 Date: G 1' _ B Are de /Vice P nt r,( rf tj President!Vie resident r ess p ; d s �&n3l r' Wiiness55� U t�'t ess STATE of FLOI�IDA STATE of MI OT COUNTY of COUNTY of L The following instrument was ac. owledged The following inst tent was a knowledgcd befo t=_E_1a&_t3 of /\3VT• before me thus *Mhay of ✓' by as President I by� �Yl(l'S_KC 1 he rr as President! Vice President,of The umont Company.Inc.,a Vice President of Hawkins,Inc.,a Minneapolis, Florida corporation,on behalf of the corporation. Minnesota corporation,on behalf of the corporation, she is nall known to me or has produced l loshe' personally known tome or has produced derttification)as t� (type of identification)as *ntiAotion. ident' tc tion. ICA, Signature of Person Taking Acknowledgement Signature df" erson Taking • Acknowledgem ent ent iJ C'- r y- dARGA SN Name TyRc ttE%4KWjWEE 179182 Name Tyeed, Printed or Stamped EXPIRES:Apri 20,2016 f4�OFR�\ Banded Thru Budget Notary Services ■Mrlvys•�,a, .:.,,aaVwV\NVYVti1"�'v _LA ht t:ill,LLEF m;v5.r'a41lR!4'4r�'LP.,*.".r_y.... _ :'+'..^z>:'..^�tr'C%•�.?,n�i _ w MEMORANDUM W TO: Mayor and City Commissioners FROM: Victor Majtenyi, Deputy Director of Public Utilities Randal Krejcarek, P.E., Director of Environmental Services Department THROUGH: Terry Stewart, Interim City Manager DATE: November 12, 2014 SUBJECT: AGENDA ITEM 8.D.1 -REGULAR COMMISSION MEETING OF DECEMBER 2,2014 CONTRACT RENEWAL/THE DUMONT COMPANY,SUPPLIER OF FLUORIDE USED IN WATER TREATMENT. BACKGROUND Request an annual contract renewal with Hawkins, Inc. (d/b/a Dumont) for the purchase and delivery of Hydrofluorosilicic Acid for the Water Treatment Plant, at an estimated annual cost not to exceed $45,000. Hydrofluorosilic Acid (fluoride) is used for fluoridation of drinking water. It is a crystal clear product that is manufactured consistently as a 23% solution. Less than 1 mg/l of fluoride is added through the treatment process. In August 2012, through a competitive bid process, the City solicited for the purchase and delivery of fluoride, Bid #2013-01. On November 6, 2012, City Commission awarded a contract to The Dumont Company (Dumont) for the delivery of fluoride, executed December 11, 2012. The contract terms are one (1) year, with two (2) consecutive annual renewals available, through Fiscal Year 2015. This will be the final renewal; City Commission approved the current renewal term at its November 5, 2013 meeting. Hawkins, Inc. (d/b/a/ Dumont) has agreed to renew the terms and conditions of the contract for this term at the contracted rate of$2.90 per gallon. The estimated annual expenditures will not exceed $45,000. The initial method of acquisition under this award recommendation was in accordance with the Code of Ordinances, Section 36.02(A), "Sealed Competitive Method". DISCUSSION The item before City Commission is approval of the final annual contract renewal with The Dumont Company (d/b/a Hawkins) for the purchase and delivery of Hydrofluorosilicic Acid (fluoride) for use in water treatment, expiring December 11, 2015, at an expenditure limit not to exceed $45,000 annually, subject to budget appropriations. TIMING OF THE REQUEST The approval of this item is of high importance, as ensuring a steady supply of chemicals to the Water Treatment Plant is critical in the production of finished water. FUNDING SOURCE Funding is available from 441-5122-536-52.21 (Water & Sewer Fund: Operating Supplies/Chemicals). RECOMMENDATION Through a motion, approve an annual renewal with The Dumont Company (d/b/a Hawkins) for the purchase and delivery of Hydrofluorosilic Acid (fluoride) for use in Water Treatment, with this final renewal term expiring December 11, 2015, at an expenditure limit not to exceed $45,000 annually, subject to budget appropriations. CITY OF DELRRY BEREH DELRAY BEACH All-America City 1993 2001 October 17, 2014 Ronald Cartwright, President _. . __..... The Dumont Company, Inc. 381 S. Central Avenue. Ovideo, Florida 32765 REF: Bid#2013-01 —Furnish and Delivery of Hydrofluosilicic Acid Annual Contract 2r'6 Year- (1)Year Renewal Option Annual contract Dear Mr, Cartwright; The annual contract for the above referenced Bid expires on December 10, 2014. Per page #4, Section 20 "Renewal" of the General Conditions of this.bid package, "The City Commission may renew the contract, at the same terms, conditions, and prices for two (2) consecutive terms of one (1) year subject to vendor(s) acceptance, satisfactory performance and determination that renewal will be in the best interest of the City". Please advise if this one (1) extension of your contract at prices quoted in your bid dated December 11, 2012 would be acceptable. Please respond by signing below and returning one original copy to my attention, Patsy Nadal, Purchasing Division, City of Delray Beach, 100 N.W. First Avenue, Delray Beach, Florida, 33444 or by email: nadal m delra beach.com. ('�Si rely,�,1 ),-2,�-A 'A Patsy Na urchasing Manager d I hereb agree to the one (1) year extension of the subject Bid ❑ I a na p i (1} ar extension of the subject Bid 10 L23[14 igp tore / Dat r Name (print) cc: Jack Warner, Chief Financial Officer Randal Krejearek, Director of Environmental Services John Bullard, Water Treatment Plant Mgr. Gloria Montgomery, Staff Assistant II Majtenyi, Victor From: Bullard, John Sent: Thursday, October 09, 2014 4:06 PM To: Majtenyi, Victor Subject: FW: Assignment of Contract- HFS Bid #2013--01 Attachments: Assignment Letter-Delray Beach.doc FYI From: Nadal, Patsy Sent: Thursday, October 09, 2014 3:15 PM To: Bullard, John Subject: FW: Assignment of Contract - HFS Bid #2013--01 Please read below. Purchasing Department Ph. (561) 243-7161 Fx. (561) 243-7166 PUBLIC RECORDS NOTE: Florida has a very broad public records law. Most written communications to or from local officials, employees,or the general public regarding city business are public records available to the public and media upon request.Your e-mail communications may therefore be subject to public disclosure. From: Marcia Stivanson [mailto:marciasCadumontchemicals.com] Sent: Thursday, October 09, 2014 2:59 PM To: Nadal, Patsy Cc: Ron Cartwright Subject: Assignment of Contract - HFS Bid #2013--01 Good Afternoon, On September 29th we announced that we have reached an agreement to be acquired by Hawkins, Inc., a large, publicly held chemical company headquartered in Minneapolis. We will continue to conduct business as Dumont, but after closing later this month we will legally be a part of Hawkins. Ron Cartwright will continue to run this segment of Hawkins and we are retaining all of our staff that presently serves you, so it will be business as usual for our employees and customers. Attached is a formal Assignment letter. We would appreciate your signing and returning as soon as possible. Our tentative closing date is October 20th and we would like to have your assignment prior to that time. We appreciate your business and look forward to continuing our service to City of Delray Beach. Best Regards, Marcia Stivanson I Office Manager i DUMONT A HAWKINS COMPANY 381 South Central Avenue I Oviedo, FL 32765 Mobile:407.430.9642 1 Office:800.330.13691 Fax:800.524.9315 marcias @dumontchemicals.com I http://www.dumontchemicals.com 2 CITY OF DELRAY BEACH 100 NW 1"AVENUE,DELRAY BEACH,FL 33444 BID Non 2013 -0 FURNISH AND DEMVERY OF HYDR®FLU®SIMCK ACID ANNUAL CONTRACT MAYOR -NELSON S.McDUFFIE VICE MAYOR -THOMAS CARNEY DEPUTY VICE MAYOR -ADAM FRANKEL COMMISSIONER -ANGELETA GRAY COMMISSIONER -AL JACQUET CITY MANAGER -DAVID HARDEN Purchasing Division#Finance Department 0(561) 243.71610 Fax(561)243-7166 CITY OF DEL RAY BEACH INVITATI®N TO BID Bid No, 2013-01 Furnish And Delivery Hydrofluosilicic Acid Annual Contract Table of contents Invitation to Bid i General Conditions,Instructions and Information 2—S Indemnity/Hold Harmless Agreement 6 Cone Of Silence 7 Insurance Requirements 8 Insurance Form Samples 9 Standard Form of Agreement 10-14 Corporate Achnowledgment i5 Certificate(If Corporation) 16 Specifications 17-19 Schedule of Pricing 20 Drug Free Workplace Certification 21 References 22 Bid Signature Dorm 23 Statement of No Bid 24 Attachment (A) 25 Bid No. 2013-01 Furnish and Delivery of Hydroflosilicic Acid r4 CITY OF DEL RAY BEACH PURCHASING OFFICE 100 N.W. 1st AVENUE DELRAY BEACH, FL 33444 (561) 243-716117163 1 Fax: (561) 243-7166 BID No: 2012-01 DATE: August 13 2012 TITLE: Furnish and Delivery of Hydrofluosilicic Acid-- Annual Contract BIDS MUST BE RECEIVED ON OR BEFORE: _MONDAY, SEPTEMBER 10, 2092, prior to 2:00 P.M., at which time ali bids will be publicly opened and read. INVITATION TO DID This Invitation to Bid, General Conditions, Instructions to Bidders, Special Conditions, Specifications, Addenda and/or any pertinent document form a part of this bid and by reference are made a part thereof. PURPOSE: It is the purpose and intent of this Invitation to secure bids for item(s) and/or services as listed herein for the City of Delray Beach, Florida, hereinafter called the CITY. SEALED BIDS: Bids will be received in the Purchasing Office until the date and time as indicated above. Bids will be opened publicly in City Hall and all bidders and general public are invited and encouraged to attend. All bids shall be submitted in sealed envelopes, mailed or delivered to the City of Delray Beach, Purchasing Office, 100 NW 1" Avenue, Delray Beach, Florida 33444. Outside of envelope shall plainly identify bid by: VENDOR NAME, BID NUMBER, TITLE, AND DATE OF BID OPENING. It is the sole responsibility of the bidder to ensure that his or her bid reaches the Purchasing Office on or before the closing date and hour as shown above. RETURN ONE (1) ORIGINAL AND ONE (1) COPY of required bid sheets. Any failure on the part of the.vendor to comply with the ensuing conditions and specifications shall be reason for termination of contract. CITY'S ACCEPTANCE: Unless otherwise specified herein, the bidder will allow a minimum of sixty (60) days from the last date for receiving of bids for acceptance of its bid by the City Manager and/or City Commission. AWARD: The City reserves the right to waive minor variations to specifications, informalities, irregularities and technicalities in any bids, to reject any and all bids in whole or in part, with or without cause, and/or to accept bids that in its judgment will be for the best interest of the City, as further stated in Paragraph 16 of General Conditions. Bid No. 20]3-01 Furnish and Delivery of Hydroflosilicic Acid GENERAL C®N®ITI®NS9 INSTRUCTIONS AND INFORMATION 1, SUBMISSION AND RECEIPT OF BIDS: A. Bids, to receive consideration, must be received prior to the specified time of opening as designated in the invitation. B. Unless otherwise specified, bidders MUST complete all questions and price blanks in the spaces provided in this Invitation to Bid. Failure to do so may cause your bid to be rejected. However, you may attach supplemental information. C. Bids having any erasures or corrections MUST be initialed by bidder in ink. Bids shall be signed in ink. All prices shall be typewritten or filled in with pen and ink. D. All bids MUST be-signed with the firm name and by an officer or employee having the authority to bind the company or firm by his/her signature. 2. QUANTITIES OR USAGE: Whenever a bid is solicited seeking a source for a specified time for materials or services in the quantities or usage shown, these quantities are estimated only. No guarantee or warranty is given or implied by the City of Delray Beach as to the total amount that may or may not be purchased from any resulting contracts. These quantities are for bidders' information only. 3. PRICES: A. Bidder warrants by virtue of bidding that prices, terms, and conditions quoted in his bid will be firm for acceptance for a period of sixty (60) days from the date of opening unless otherwise stated by the City or bidder. B. Prices should be stated in units of quantity specified in the bidding specifications. In case of discrepancy in computing the amount of the bid, the unit price(s) quoted will govern. C. Consideration in awarding bids for term contracts will be given first to bidder offering firm prices subject to market price reduction and second to bidder offering firm prices for full contract period. if at any time during the period of this contract, the City of Delray Beach is able to purchase the items and/or services at prices less than our contract price, the successful bidder shall meet these prices and in the event of his failure to do so, the City of Delray Beach may negotiate for a new contract on the open market. D. The City reserves the right to purchase items on state contract if such items can be obtained on the same terms, conditions, specifications and in the best interest of the City. E. Bidders may offer a cash discount for prompt payment. However, such discounts will not be considered in determining the lowest net cost for bid evaluation purposes. Bidders should reflect any discounts to be considered in the bid evaluation in the unit prices bid. 4. DELIVERY: A. All items shall be delivered F.O.B. destination, and delivery costs and charges included in the bid price. Failure to do so may be cause for rejection of bid. B. Time will be of the essence for any orders placed as a result of this bid. Purchaser reserves the right to cancel such orders, or any part thereof, without obligation if delivery is not made at the time(s) at the time(s) specified on !yid form. 5. BRAND NAMES: If and whenever in the specifications a brand name, make, name of any manufacturer, trade name, or vendor catalog number is mentioned, it is for the purpose of establishing a grade or quality of material only. Since the City does not wish to rule out other competition and equal brands or make, the phrase OR EQUAL is added. However, if a product other than that specified is bid, it is the vendor's responsibility to name such product within his bid and to prove to the City that such product is equal to that specified. Bid loo. 2013-01 Furnish and Delivery of Hydroflosilicic Acid 6. QUALITY: All materials used for the manufacture or construction of any supplies, materials, or equipment covered by this bid shall be new. The items bid must be new, the latest model, of the best quality, and highest grade workmanship. 7. SAMPLES: Samples, when requested, must be.furnished free of expense to the City and if not used in testing or destroyed, will upon request within thirty (30) days of bid award be returned at bidder's expense. 8. ACCEPTANCE: The material delivered under this proposal shall remain the property of the seller until a physical inspection and actual usage of this material and/or service is made and thereafter accepted to the satisfaction of the City and must comply with the terms herein, and be fully in accord with specifications and of the highest quality. In the event the material and/or services supplied to the City is found to be defective or does not conform to specifications, the City reserves the right to cancel the order.upon written notice to the seller and return product to seller at the seller's expense. 9. DEFAULT PRQVISION: In case of default by the bidder or contractor, the City of Delray Beach may procure the article or services from other sources and hold the bidder or contractor responsible for any excess costs occasioned or incurred thereby. 10. COPYRIGHTS .OR PATENT RIGHTS: Bidder warrants that there has been no violation of copyrights or patent rights-in manufacturing, producing, or selling the goods shipped or ordered as a result of this bid, and seller agrees to hold the City harmless from any and all liability, loss, or expense occasioned by any such violation. 11. COMPLIANCE WITH SAFETY STANDARDS: A. All equipment, machinery, electrical appliances, cords and apparatus shall comply with all provisions of the Florida State Safety Standards. B. Whenever a bid is'sought and services secured for any type of on-site construction the awarded bidder shall remove from the work site at the end of each working day all rubbish and waste debris resulting from his operations. The awarded bidder shall also secure the work site before leaving at the end of each working day. 12. MANUFACTURER'S CERTIFICATION: The City of Delray Beach reserves the right to request from bidders separate manufacturer certification of all Statements made in the proposal. 13. SIGNED BID CONSIDERED AN OFFER: This signed bid shall be considered an offer on the part of the bidder or contractor, which offer shall be deemed accepted upon approval by the City Manager and/or City Commission of the City of Delray Beach and in case of default on the part of the bidder or contractor after such acceptance, the City of Delray Beach may take such action as it deems appropriate including legal action for damages or specific performance. 14. LIABILITY INSURANCE LICENSES AND PERMITS: A. PERMITS: Where bidders are required to perform work on City structure(s) or property as a result of bid award, the City will waive the cost for permits. Contractor shall pay for permits for all other work. B. LICENSES: If you are not licensed to perform work in the City of Delray Beach you MUST obtain an Occupational License before a Notice to Proceed will be issued. C. LIABILITY INSURANCE: The City prefers the insurance and bonding companies have a BEST Rating no less than A-, VII or better. If you have any questions regarding the City's Insurance and/or Bond requirements, please contact the City's Risk Management Office at (581) 243-7150. See pages 13 for Insurance Requirements. A "sample" certificate has been attached. Bid No. 2013-0) Furnish and Delivery of Hydroflosilicic Acid 15. SPECIFICATIONS: A. For purposes of evaluation, bidder must indicate any variances from our specifications and/or conditions, NO MATTER HOW SLIGHT. If variations are not stated in the proposal, it will be assumed that the product or service fully complies with our specifications. B. Any omissions of detail specifications stated herein that would render the material/service from use as specified will not relieve the bidder from responsibility. 16. AWARD OF CONTRACT: The City of Delray Beach reserves the right to accept any Bid or combination of Bid alternates which, in the City's judgment will best serve the City's interest, reject any and all Bids, to waive any and all informalities and/or irregularities, and to negotiate contract terms with the Successful Bidder, and the right to disregard all non-conforming, non-responsive, unbalanced or conditional Bids. The City reserves the right to reject any or all Bids, or any part of any Bid, to waive any informality in any Bid, and to award the purchase in the best interest of the City. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit price. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 17. TAXES: The City of Delray Beach is exempt from any sales tax imposed by the State and/or Federal Government. Exemption certificates certified upon request. State Sales Tax Exemption Certificate No. 85-8012621559C-4 appears on each purchase order. 18. FAILURE TO BID: If you do not bid, return "Statement of No Bid Form" and state reason. Otherwise, YOUR NAME "MAY" BE REMOVED FROM OUR MAILING LIST. 19. E=XCEPTIONS TO CONDITIONS, 1 THRU 18 Boiler Plate): Any time Bid Specifications differ from the General Conditions, Bid Specifications and Special Provisions will prevail. 20. RENEWAL: The City Manager may renew the contract, at the same terms, conditions, and prices, TWO (2) consecutive term(s) of ONE (1) year(s) subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interest of the City. 21. ANTI-COLLUSION: A. Bidder certifies that this bid is made without prior understanding, agreement, or connection with any corporation, firm or person submitting a bid for the same materials, services, supplies, or equipment and is in all respects fair and without collusion or fraud. C. No premiums, rebates or gratuities permitted; either with, prior to, or after any delivery of material or provision of services. Any such violation may result in contract cancellation, return of materials or discontinuation of services and the possible removal from the vendor bid list(s). 22. CONFLICT OF INTEREST: A. Bidder declares and certifies that no officer, employee or person whose salary is payable in whole or part from the City of Delray Beach is directly or indirectly interested in this bid or in the supplies, materials, equipment or services to which it relates or in any portion of the profits thereof; or B. The award is subject to provisions of State Statutes and City Ordinances. All bidders must disclose with their bid the name of any officer, director or agent who is also an employee of the City of Delray Beach. Further, all bidders must disclose the name of any City employee who owns, directly or indirectly, an interest of ten percent (10) or more in the bidder's firm or any of its' branches. 23. NON-DISCRIMINATION: The Bidder shall not discriminate against employees or applicants for employment because of race, creed, caior, religion, sex, age, handicapped status, disabilities, or national origin. The Bidder will endeavor to ensure that applicants are employed and that employees are treated during employment, without regard to their race, creed, color, religion, sex, age, handicapped status, disabilities, or national origin. Such action shall include but not be limited to the following: employment; upgrading, demotion, or transfer; recruitment advertising; layoff or termination-, rates of pay or other forms of compensation; and selection for training including apprenticeship. The bidder agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. These provisions apply to all subcontractors and it is the responsibility of the subcontractors to be in compliance. Bid No. 201 3-0 i Furnish and Delivery of Hydroflosili,Jr,Acid 24. DISCRIMINATION: An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, vendor, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. Bid No. 2013-01 Furnish and Delivery of Hydroflosilicic Acid KNOENNITYIHOLD HARMLESS AGREEMENT Contractor shall, in addition to any other obligation to indemnify the City of Delray Beach Florida and to the fullest extent permitted by law, indemnify and hold harmless the City of Delray Beach, its officials, and employees, from and against all claims, actions, liabilities, losses (including economic losses), and costs arising out of any bodily injury, sickness, disease or death, or injury to or destruction of tangible property including the loss of use resulting there-from, or any other damage or loss caused by any negligent act, error or omission, recklessness, or intentionally wrongful conduct of the Contractor, any subcontractor, or anyone directly or indirectly employed by any of them. The indemnification obligations hereunder shall not be limited by any limitation on the amount, type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under any contract or agreement or under worker's compensation acts; disability benefit acts, other employee benefit acts or any statutory bar. Any cost of expenses, including attorney's fees, appellate, bankruptcy or defense counsel fees incurred by the City of Delray Beach to enforce this Indemnification clause shall be borne by the Contractor. The obligations contained in this Indemnification Clause shall continue indefinitely and survive the cancellation, termination, expiration, lapse or suspension of this agreement. �r+ ff Contractor's .Name 1G art Signature �veyi d evl f(t Bid No. 201,3-01 Furnish and Delivery Y of H droflositicic Acid DOME ®IF SILIENCE Bidders are advised that a bidder or anyone representing the bidder cannot communicate with any City Commissioner, or any City employee, other than the City employees located in the Purchasing Department, regarding its bid, i.e., a"Cone of Silence". The"Cone of Silence" is in effect from the dateltime that the bid is placed on"Demandstar" by the City. The"Cone of Silence"will terminate upon the bid opening. However, bidders may communicate with City employees who are present at a mandatory pre-bid meeting during the actual pre-bid meeting. Once the pre-bid meeting is over, bidders may only communicate with employees of the Purchasing Division_ Contractor's Name i C LSignatu w"�l PI,e6 (den #� Bid No.2013-01 Furnish and Delivery of t3ydroflosilicic Acid lies ffmNCE REQUIREMENTS A. GENERAL During the term of the contract with the City, the contractor shall procure and maintain insurance of the types and to the limits specified in paragraphs (1) to (4) inclusive below. B. COVERAGE Except as otherwise stated, the amounts and types of insurance shall conform to the following minimum requirements: 1. Worker's Compensation - Coverage to apply for all employees for Statutory Limits in compliance with the applicable State and Federal Laws. In addition, the policy must include Employer's Liability with a limit of$100,000 each accident. 2. Comprehensive General Liability - Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability Policy filed by the Insurance Services Office and must include: i a) Minimum limits of $300,000 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. b) Premises and/or Operations. c) Independent Contractors. d) Products and/or Completed Operations. e) No exclusion for Underground, Explosion or Collapse hazards. 3. Business Auto Policy- Coverage must be afforded on a form no more restrictive than the latest edition of the Business Auto Policy filed by the Insurance Service Office and must include: a) Minimum Limits of $300,000 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. b) Owned Vehicles. c) Hired and Non-Owned Vehicles. d) Employer Non-Ownership. 4. Certificate of Insurance - Certificates of all insurance evidencing the insurance coverage specified in he previous Insurance Administrator prior to commencement of work. The required certificates of insurance shall not only name the types of policies provided but shall also refer specifically to this bid and section and the above paragraphs in accordance with which such i)surance is being furnished, and shall state that such insurance is required by such paragraphs of this contract. The successful bidder will include the City of Delray Beach as additional insured. If the initial insurance expires prior to the completion of the work, renewal certificates shall be furnished thirty (30) days prior to the date of expiration. Also, under the Cancellation section of the Insurance Certification the words "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" shall be crossed out as indicated on the attached "Sample of Insurance Certificate". I Bid No. 2013-01 Furnish and Delivery of Hydrotlosilicic.Acid v, 1 Attachment I, 1 of 3 ACOR_.,� °"`�'k CERTIFICATE aF LIABILITY INSURANCE � Y"` eRO'ucER THIS CERTIFICATE IS ESSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Good Insurance, Inc. HOLIIER, THIS CERTIFICATE OOE5 NOT AMEND, EXTEND OR P.O.. Box A-1 ALTER THE COVERAGE AFFORDED BY THE POLICICS BELOW. Best City, USA 00000 INSURERS AFFORDINGCOVVftAGG NAIC� SRStJR W INSURERA: Willing Workers Assoc. ENSUREHa: ABC Drive" �nsuRExc: Anytoum, USA 00001 rsuTEHO. R{SURER e COVERAGES THE POUCLES CF L4SURPI41-E LISMDBELMYfWYE BEI=Id ISSUED To THE WSURED rJAMED ABOVE FOR THE POLICY PERIOD IN0r_ATED"NOTVIITHSTANY]ING lWY REQUIREMENT,TERM 04 ODNDMON-OF ANY CotJTHAGT OR OTHER 00CUMENT N411?i RESPECT TO WHICH THIS CERTIFICATE MAY 98[$SUEO OR MA.YPERTAJN,THE INSURANCE AFFORDED BYTYiEPOUaESDESMSEDHEREINIS5WIECTTOALLTHETMAS,EKMUSIONSANDC 1,DITTONBOFSUCH POLICIES.AGGREGATE UFATSSHOWN I.Ay HAVE BEEN REDUVEU BY PAID 0LAI7.tS. MsR tOSJCY NVYSFR POLk%Y EFFE Ti "TiR4119N ON= T'YP OUNERALLMNUTT EAL?fOOC1A;RFFrCZ= S ,000 COMwERCVLGENeP.%L"VUT' GLP077604 01/01/10 0I/01/11 REAtl ElOWIAS MADE OCCUR LIEO E36'(AnYme S PERSONAL&AMHULRY S GEMMALAGGREOATE i Y GE?rLA.F rG MNTELdAFAPMI SPERM PROCUCTS•CO3•� ORAGG s PCOGY OJECT LOC AUTOYO0[LELlASSr7Y GOA1DSiED S1NGl�lP.UT A X ANYAUTO ALP077606 01/01/10 01/01/11 (EarWdn+J ° 300;=000 ALL OATiEDAUT05 DGDMY4VJJRY F bpi.]' OAUTOS ('ash's `) RRMAUT05 - D40M.Y 7lWRY S IK7N_M"EOAUTO5 l i ixq - PROrE»TYnuLAa= a f' gAfiA4EWW71 i'7 ... A=ONLY.EAAU3OEfT j ArFYAUTC: OTPF=Ji7H/JI EAACC S AUTO ONLY: ACO x exuESS&W RELLA LL4-tUff E&CHOCURF4ENCE - S OCCUR CLAWS VADO AGUHEOATE . i PeDLSCTIDL£ RETENT" S S t7C S7A7 OTT WORKERS GW[rEIt6F17rOHANQ FR B CtiFrLOYeRSL"Xwy WLP077606 03/01/10 03/01/11 ELEACt1ACCFOC-w T 100,000 My a RE}S6E�D(OWDED7 Ei.OfMASE-EAEMPLOYEE $ 100,000 sP"ECIFL PROV[SiUlts Mvx 5L,D[Sr.A$O.PVLe.YUYR T 500-000 OTHER QzaG1Rfi f WNOPtlAERAT30NS1 LOCAT10316f YEFGi.YES F ExCLUS14k5 AA7Ea Y1'Ex COZCELEFIf rCPEgAR p1iO'rSSX}Hs THIS INSURANCE APPLICABLE TO (state project) *CITY OF DELRAY BEACH IS ADDITIONAL INSURED - sea attached endorsement. GERTIFICATE HOLDER CANCELLATION sHW!b ARY OFTHE ABOVE QESCRIBED POLfGa'A ESE CAF'CELLED DfFORE YHE EYPFRATION - CITY OF DELRAY BEACH-. PATEUMIDOF.TILE..W00l& ERwRLEHDEAVaRToRML 30 PAYS W1111 100 ,W 1st AVENUE H47FC£TO THE C>ATIFJ9ATE HO DER RUMD TO TYE LET,OUT FAEURE TO t*SO SHALL DELRAY BEACH, F 33444 OSPVSE NO ObUGA iOK OR LLKM]Lr Y OF ANY WO UPON TNR INSURER ETS ACCIM OR REPRESENTAT1YES ALFINt?WZEn NE TR:SEJxTAYNE ACORQ25(2D0VO8) 0ACORDCORPORATION 1988 Bid No. 2013-01 Famish and Delivery of Hydrof3osilicie Acid .STANDARD FORM OF AGREEMENT BETWEEN CITY AND CONTRACTOR THIS AGREEMENT made this / day of 2011_%by and between the CITY OF DEL.RAY BEACH (hereinafter called CITY) and -1-h r✓ 1J km. �Y►t (hereinafter called CONTRACTOR). WITNESSETH: The CITY and the CONTRACTOR in consideration of the mutual covenants hereinafter set forth, agree as follows: 1. The undersigned CONTRACTOR hereby represents that he has carefully examined all Contract documents, and will perform the contractual requirements pursuant to all covenants and conditions. 2. The CONTRACTOR, as evidenced by the execution of this contract, acknowledges that it has examined the physical characteristics of the job requirements. The CONTRACTOR further acknowledges that the bid price includes all costs and expenses required for the satisfactory completion of the contracts requirements. 3. The contract between the CITY and the CONTRACTOR include the following documents which are attached hereto and incorporated herein by reference of the following: CONTRACT DOCUMENTS PAGE NUMBERS Invitation to Bid 1 General Conditions, Instructions and Information 2 -5 indemnity/Hold Harmless Agreement 6 Cone of Silence 7 Insurance Requirements 8 Insurance form Sample 9 Standard Form of Agreement 10- 14 Corporate Acknowledgment 15 Certificate(If Corporation) 16 Specifications '117-19 Schedule of Pricing 20 Drug Free Work Place Certification 21 References 22 Bid Signature Form 23 Statement of No Bid 24 Attachment"A' 25 Bid No.2013-01 Furnish and Deliver,of Hydrofiosilicie Acid Addenda numbers W ` to , inclusive, and any modifications, including Change Orders, duly delivered after execution of this Agreement. 4. The term of this contract shall commence on the date indicated on the Notice to Proceed. 5. This agreement shall be governed by the laws of the State of Florida as Now and hereafter in force. The venue for actions arising out of this agreement shall be Palm Beach County, Florida. 6. All notices, requests, demands, and other given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses: As to City: City of Defray Beach, FL 100 NW 1 st Avenue Delray Beach, FL 33444 As to CONTRACTOR: u,sW►2j— 0 V e-do �. 32 IL� l 7. The CONTRACTOR shall not, without prior written consent of the CITY, assign any portion of its interest under this contract and, specifically, the CONTRACTOR shall not assign any moneys due or to become due without the prior written consent of the CITY. 8. The CITY and the CONTRACTOR each binds himself, his partners, successors, assigns and legal representatives to the other party hereto in respect to all covenants, agreements and obligations contained in the contract documents. Bid No. 2013-01 Furnish and Delivery of Hydroflosilicic acid 3 ' r- 9. In consideration of ten dollars ($10.00) and other valuable consideration, the CONTRACTOR shall defend, indemnify and save harmless the CITY, its officers, agents and employees, from or on account of any liabilities, damages, losses and costs received or sustained by any person or persons by or in consequence of any negligence (excluding the sole negligence of the CITY), recklessness or intentional wrongful misconduct of the CONTRACTOR and any persons employed or utilized by the CONTRACTOR in the performance of this Project. CONTRACTOR agrees that negligent, reckless or intentional wrongful misconduct includes, but is not limited to, use of any improper materials or liabilities, damages, losses or costs caused by or on account of the use of any improper materials. CONTRACTOR agrees that negligent, reckless or intentional wrongful misconduct also includes but is not limited to the violation of any Federal, State, County or City laws, by-laws, ordinances or regulations by the CONTRACTOR, his subcontractors, agents, servants or employees. CONTRACTOR further agrees to defend, indemnify and save harmless the CITY from all such claims and fees, and from any and all suits and actions of every name and description that may be brought against the CITY on account of any claims, fees, royalties, or costs for any invention or patent, and from any and all suits and actions that may be brought against the CITY for the infringement of any and all patents or patent rights claimed by any person, firm, or corporation. The indemnification provided above shall obligate the CONTRACTOR to defend at his own expense or to provide for such defense, at the CITY'S option, any and all claims or liability and all suits and actions of every name and description that may be brought against the CITY which may result from the operations and activities under this Contract whether the construction operations be performed by the CONTRACTOR, his subcontractor or by anyone directly or indirectly employed by either. This indemnification includes all costs and fees including attorney's fees and costs at trial and appellate levels. Bid No. 2013-01 Furnish and Deliver;of Hydroflosilicic Acid The CITY will pay to the CONTRACTOR the specific consideration of ten dollars and other good and valuable consideration as specific consideration for the indemnification provided herein. Furthermore, the CONTRACTOR acknowledges that the bid price includes said consideration for the indemnification provision. 10. This Agreement shall be considered null and void unless signed by both the CONTRACTOR and the CITY. 11. The contract documents constitute the entire agreement between the CITY and the CONTRACTOR and may only be altered, amended or repealed by a duly executed written instrument. }aid No. 201 3-01 Furnish and Delivery of Hydroflosilicic Acid IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the day and year first above written. ATTEST: CITY OFDELRAY BEA4ffiA B City Clerk Nelson S. McDuffi Approved as to form: a City Attorney WITNESS: CONT OR: BY, f i (Print or type name and title) (Print or type name and title) (SEAL) Bid No. 2013-0; Furnish and Delivery of Hydroflosilicic Acid 14 CORPORATE ACKNOWLEDGMENT STATE OF COUNTY of �-Cm l nig The foregoing instrument was acknowledged before me this 13 day of NOVtM beY , 20 1;�, _, by &W— )�. OkyVOr4a gr,6. (name of officer or agent, title of officer or agent), of Rpy'&' (state or place of incorporation) corporation, on behalf of the corporation. &She is (personally known to me) (or has produced identification) and has used( i her rJ (t �o 'td ntification) as identification. Signature of Person Taking Acknowledgment MARCIA A,STIVANSM ldYCOMMIMION t EE 179182 C EXPIRES;April 20,2016 Name o � cknowledger yped, Printed or Stamped Bid No. 2013-01 Furnish and Delivery of Hydroflosilicic Acid CERTIFICATE (If Corporation) STATE OF FLORIDA } // ) SS COUNTY OFD emi note ) } I HER BY CERTIFY that a meeting of the Board of Directors of he— o r\j a i nom. , a corporation under the laws of the State of r--forlda-- held on t�OVZrn be*- I_, 20 the following resolution was duly passed and adopted: "RESOLVED", that &_.l't -�. tOr�l President of the corporation, he/she is her 66y authorized to execute the Agreement dated , 20_, between the City of Delray Beach, Florida and this corporation, and that his execution thereof, attested by the Secretary of the Corporation and with corporate seal affixed, shall be the official act and deed of this corporation". I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the corporation this I3 day of,fjoVem beer , 201A. (S tr Lary) (Seal) Bid No, 2013-01 Furnish and Delivery of Hydroflosilicic Acid c; CITV OF DELRA Y BEACH BID N®* 2093-00 SPECIFICATIONS 4 A. PURPOSE: The purpose and intent of this "Invitation to Bid" is to establish an open-end (blanket) contract to provide Hydrofluosilicic Acid for the City of Delray Beach Water Treatment Plant, 200 S.W. 6'h Street, Delray Beach, Florida, 33444. Service and good quality are of primary concern. Bidders with low standards for either service or quality will be judged to be non-responsible and their bids non- responsive. No bid will be accepted if it offers lower standards of material and/or workmanship than is described herein. B. NOTICE OF AWARD: It is and shall be understood and agreed that a Contract shall be deemed to be awarded and validly entered into between the successful Bidder and the City when written notice has been given the awarded by the City through its authorized agent, and purchase order shall be issued to the Bidder covering the same. Contract shall be awarded to the Bidder who demonstrates compliance with bid specifications, capability to perform according to the terms of the Contract, and responsibility with current clients. Reference check, review of equipment, examination of financial stability, and personal interview will be considered together with price in contract award. C. COMPENTENCY OF BIDDERS: Bids will be considered only from firms which are regularly engaged in the business of providing the goods and/or services as described in the Bid Invitation and who can produce evidence that they have established satisfactory record of performance for a reasonable period of time; have sufficient financial support, equipment and organization to insure that they can satisfactorily execute the services if awarded a contract under the terms and conditions herein stated. The term "equipment" and 'organization" as used herein shall be construed to mean a fully equipped and well established company in line with the best business practices in the industry and as determined by the proper authorities of the City of Delray Beach. D. VENDOR SERVICE REPRESENTATIVE: The Bidder shall submit with his bid proposal the name, address, and phone number of the person(s) to be contacted for information and for the coordination of service. A contact for both regular work-hours and after-hours, weekends, and holidays must be identified. E. SAFETY STANDARDS — PROTECTION OF PROPERTY: Unless otherwise stipulated in the bid, all labor, materials, supplies and/or services shall comply with any/and all applicable O.S.H.A. standards. The Successful Bidder shall, at all times, guard against damage or loss to the property of the City of Delray Beach, or of other vendors or contractors and shall be held responsible for replacing or repairing any such loss or damage. The City of Delray Beach may withhold payment or make such deductions as deemed necessary to insure reimbursement or replacement for loss or damage to property through negligence of the successful Bidder or his/her agents. F. PERMITSILICENSESIFEES: Any permits, licenses, or fees required will be the responsibility of the Contractor; no separate payment will be made. Adherence to applicable code regulations, (Federal, State, County, City) are the responsibility of the Contractor. G. FIRM PRICE: The City requires a firm fixed price on the unit price(s) as bid for the Contract period. H. CONTRACT TERM: Term of the Contract shall be one (1) year commencing on/or about Oct. 1, 2012, and expiring one (1) year later. The city reserves the right to renew the contract for two (2) consecutive terms(s) of one (1) year(s) per paragraph#20 of the General Conditions of this bid. 1. QUANTITIES: Quantities stated on Bid Form (Schedule of Pricing) are estimates only. No guarantee is given as to the actual quantities that will be needed. Estimated quantities are based upon previous needs and estimated usage for a twelve (12) month period. Said estimated quantities may be used for purpose of evaluating the low bidder meeting specifications by the City. Bid No. 2013-01 Furnish and Delivery of Hydroflosilicic Acid J. DELIVERY: All prices to be quoted F,O.B. Delivered Destination, City of Delray Beach, Water Treatment Plant, 200 S.W. 6`h Street, Delray Beach, Florida, 33444, contact person — John Bullard, Manager of Water Treatment Plant at 561-243-7318. K. ALTERNATES: For purpose of bid evaluation, Bidder(s) must indicate any variance to the specifications, terms, and conditions, NO MATTER HOW SLIGHT on the Bid Form. If variations are not stated on the Bid Form, it shall be construed that the Bid fully complies with the specifications, terms, and conditions as given herein. L. TERMINATION: This AGREEMENT may be terminated by either party by seven (7) calendar days' prior written notice, in'the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. The CONTRACTOR and the CITY shall also have a right to terminate this AGREEMENT for convenience at any time by providing thirty (30) calendar days written notice to either one or the other. M. COOPERATIVE PURCHASING AGREEMENTS: State on Bid Form if you will extend the same price, terms, and conditions of this bid to other Palm Beach Governmental agencies. (Page 21) N. INFORMATION: Any questions in regards to the Detailed Specifications of this bid should be addressed to John Bullard, Manager, Water Treatment Plant at (561) 243-7318. Any questions to the submission of your bid should be addressed to Patsy Nadal, Purchasing Manager, at (561) 243-7161, nada.l@mydelraybeach.com. O. PUBLIC ENTITY CRIMES INFORMATION STATEMENT: A person or affiliate who has been placed on the convicted vendor list following a convicting for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, vendor, subcontractor, or a consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold of 36 monhts from the date of being placed on the convicted vendor list. P. SPECIFICATION I PRODUCT STANDARDS: Hydrofluosilicic Acid (HFS) delivered under this contract shall be a minimum of 23% as H2SiF6 with a specific gravity ranging from 1.19— 1.22. Vendor shall quote a single price per gallon for a solution that is a minimum of 23%; adjusted pricing for solutions stronger than the minimum will not be accepted. The HFS shall conform to all requirements of AWWA B-703-08 as a minimum. However, product delivered under this contract shall have an appearance of "water white" and must have less than 10 units of color which exceeds the AWWA color standard. Brown or reddish color will not be accepted and the delivery shall be rejected. Vendor shall be prepared to provide the utility with a sample prior to offloading so that utility staff can ascertain the clarity of the product and ensure compliance with this specification. To assure that there is no contamination in the HFS, the product will be final filtered through a 1 micron filter. The HFS shall be certified by a third parry ANSI accredited agency to meet all of the requirements of ANSI/NSF Standard 60 for Drinking Water. In addition, the product shall be delivered directly to the customer's tank with no break in the chain of custody. Bidder shall state how the delivery will be done in order to protect the chain of custody. The HFS delivered under this contract shall have less than .01 Heavy Metals expressed as "% as Pb". In addition, it shall have no more than .0005% of arsenic (5 ppm). The utility reserves the right to test the delivered product for heavy metals and arsenic based on a sample pulled from the delivery container with a third party laboratory. In the event the third party sample levels are higher than specified, the Vendor shall pump out all of the HFS from the storage tanks within 48 hours of notification and replace the HFS with a compliant product within 72 hours. ESTIMATED VOLUME: The total anticipated annual volume (not guaranteed) is 20,000 gallons. Bid No. 2013-01 Furnish and Delivery of Hydroflosilicic Acid VENDOR SUPPORT: Vendor must be able to direct fill storage tanks on a routine delivery and also be able to deliver a minimum of 500 gallons and a maximum of 2500 gallons. Normal deliveries shall take place within 5 days from receipt of order and emergency deliveries shall be made within 12 hours of notification that the emergency exists. There shall be no extra charge for emergency deliveries. Vendor will provide an Account Manager who possesses the knowledge and experience to assist the department with technical information regarding the general operation of a fluoridation system. The Contact must visit the treatment plants at a minimum of two (2) times per year to coordinate safety, delivery, training, trouble shooting, inspection of tanks and evaluation of the complete fluoridation process. In addition, the Account Manager must be available onsite within four hours in the event of an emergency. A resume of the proposed Account Manager shall be included with the bid for the purposes of evaluation. Vendor must be able to provide bulk tanks in an emergency event if current bulk storage tanks need to be repaired or replaced. Vendor also must have the capabilities of responding to emergencies such as leaks of storage tanks, piping etc. and have either a licensed plumbing or general contractor with prior experience with chemical tanks and plumbing, when and if called on by the utility. Vendor must provide a formal evaluation of the utilities fluoridation program annually, by a qualified individual such as a Florida Licensed Water Operator or Degreed Technician. A written report shall be given to the department as a result of the evaluation. Vendor will make deliveries between the business hours of 8:00 AM and 3:00 PM, Monday through Friday and be able to make emergency deliveries afterhours, weekends and Holidays when needed. The Vendor small be responsible for any and all spills resulting from failure of its delivery equipment. SUBMITTALS: The Proposer must submit the following items with their response. Failure to submit any of the below-listed items may result in a Vendor's proposal being considered non-responsive: • General Information on Vendor including locations and resources available_to support this contract. • Name, contact information and resume of Vendor's local Account Manager to facilitate emergency response. • Resumes of all of Vendor's "Key" personnel to include additional support and Technical Representatives who would be assisting the utility. Manufacturer's Location and description of manufacturing operations. • Distributor's Location (if applicable) and description of resources. Documentation of ANSUNSF Standard 60 for Drinking Water certification for manufacturer, distributor and delivering party, if they are different. • Certificate of Analysis describing the composition of the product showing the maximum levels and typical levels of components. Four (4) References where the Vendor delivers or has delivered HFS for at least two (2) of the past five (5) years. Must include the name, title and phone number of individual who can attest to Vendor's reliability, quality of product, safety record and service. All references must be either water treatment - supervisors, superintendents, managers or directors, purchasing agents shall not be considered as a reference. References should be utilities that are operating a fluoridation system similar in size and scope to the City of Delray Beach. PROPOSAL EVALUATION: The,City of Delray shall consider the Vendor's s quality, safety record, reliability, information obtained by speaking with references and previous performance in the industry when awarding the contract for this product. Bid No. 2013-01 and Delivery of Hydroflosilicic Acid iq COVY OF IDELKAY BEACH — — BID N®• 2013-01 SCHR®ULIE OF PRICING FORK FURNISH AND DELIVERY Or H 3 DROFLUOSILICEC ACID ANNUAL mdOMYRACT DID # 2083-01 ALL PRICES TO BE F.O.R. DELIVERED TO THE CITY OF DELRAY BEACH, WATER TREATMENT PLANT, 200 S.W. 6s"STREET, DELRAY BEACH, FLORIDA, 33444. ESTIMATED ANNUAL USAGE: 20,000 GALLONS (not guaranteed) UNIT PRICE FOR HYDROFLUOSILICIC ACID DELIVERED PRICE PER GALLON: $ �• q per gallon • DELIVERY IN �'� CALENDAR DAYS AFTER RECEIPT OF ORDER. • WILL EXTEND THE SAME PRICE, TERMS AND CONDITIONS OF THIS BID TD OTHER PALM BEACH GOVERNMENTAL AGENCIES. �4 Yes ❑ No STATE ANY/ALL ADDITIONAL CHARGES(if applicable) neon-�. ]aid No.20]3-41 Furnish and Delwery of Hy dr oflosiiicic Acid DRUG FREE WORKPLACE CERTIFICATION )FURNISH AND DELIVERY ®fir'HYDRO]rL>ODSIiL,ICIC ACID ANNUAIL. CONTRACT DID # 2013-01 If identical tie bids exist, preference will be given to the vendors who submit a certification with their bid/proposal certifying they have a drug-free workplace in accordance with Section 287.087, Florida Statutes. The drug-free workplace preference is applied as follows: IDENTICAL TIP BIDS: Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the State of by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. As the person authorized to sign this statement, I certify that this firm complies fully with the following requirements: 1) This firm publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such:prohibition.,. 2) This firm informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) This firm gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), this firm notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or noio contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) This firm imposes a sanction on or requires the satisfactory participation in a drug abuse assistance or rehabilitation program if.such is available in the employee's community, by any employee who is so convicted. 6) This firm will continue to make a good faith effort to maintain a dru -free workplace through implementation of this section. Contractor's Name LUVL Signature Hid No.2013-01 Fumish and Delivery of Hydroflosilicic Acid Wild %Q a 2-510 runMRSH AND DW3f.XVMUV Or HVDROT9,UOSHLICIC ACED AD 9 2013-01 `Please complete this page or attach your reference page to this sheet. A enc ICom an• Address — City,State,Zip - Contact Person Telephone Dates of Service. Type of service Comments: A enc ICom an Address City,State,Zip Contact Person Telephone Dates of Service Type of Service Comments: Agency/Company Address City,State Zi Contact Person Telephone Date(s)of Service T of Service Comments: Contractors Name: Bid No.2013-01 Furnish and Delivery of Hydroflosilieic Acid N 00 O O O N O O N - O IIl 00 in --� k 1 1 � a\ 4 4 � O1 I OQ O 00 00 0 CIO C!1 a a� a, o ¢ L � O O a Cd Q, o w sx � O � O wo , s� QU C744 0 I M � a\ ca �. w ,cl cn a V {.) ' N N � Z •rVi O os Ln •�" r L,' O O co O rn Cd 00 0 0 •V o m o Con o 0 CITY OF DEL RAY BID SIGNATURE FORM FURNISH AND DELIVERY OF HYDnorLU®SHLICIfC ACID ANNUAL CONTRACT TRACT DID # 2012-01 PLEASE AFFIX SIGNATURE WHERE INDICATED (FAILURE TO DO SO SHALL BE CAUSE FOR REJECTION OF YOUR PROPOSAL) The undersigned bidder certifies that this bid package is submitted in accordance with the specification in its entirety and with full understanding of the conditions governing this bid. Name of Bidder (Firm Name as Registered with their State o origin) Business Address: 3S 1 S . Ce4-i4 uL t`/�TV(_- Street Address (P.O. Box Address is not permitted) dvI c� o City, State, Zip Mailing Address: [Check if Same as Business Address above Street Address City, State, Zip Authorized Signature(Written) Print Name and Title of Perso igning this Form Sao-33o-f3Ggr_. g0 -5a�~�3�5 - Date Telephone LL� 1 Fax No. Email Address: C-��,M I , VENDOR SERVICE REPRESENTATIVE FOR PLACEMENT OF ORDER CONTACT NAME: t lS �I P_W1 I YW TELEPHONE: EMAIL ADDRESS: r Bid No.2013-01 Furnish and Delivery of liydroflosilicic Acid CITY OF DELRAY STATEMENT OF NO BID FURNISH AND DELIVERY ®F HYZIROFLUOSILIICIC ACID ANNUAL CONTRACT HID ## 2013-01 If you are not bidding on this servicelcommodity, please complete and return this form to: City of Delray Beach Purchasing Department, 100 NW 1st Avenue, Delray Beach, Florida 33444. Failure to respond may result in deletion of vendor's name from the qualified bidder's list for the City of Delray Beach. VE-NDOR NTAME: l� A ADDRESS: TELEPHONE: SIGNA`T'URE: DATE: Minority Owned Business:( ;Black ( }Hispanic ( }Woman ( )Other We,the undersigned have declined to bid on Bid No.2013-01 due to the following reason(s): Specifications too "tight", i.e., geared toward brand or manufacturer only(explain below) Insufficient time to respond to the Invitation to Bid We do not offer this product or an equivalent Our product schedule would not permit us to perform Unable to meet specifications Unable to meet bond requirements Specifications unclear(explain below) Other(specify below) Remarks/Other: Bid No.2013-01 Furnish and Delivery of Hydroflosilicic Acid ArTACH. . MEtAl PRIOF;t. l Bid No.2013-01 Fiunish and Delivery of Hydroflosilicic Acid � \ LO N W � � O OR ji R W � � k 0 % / / $ r c § a F- / \ 0 W Qc C) k CD ■ \ � m 7 ƒ CL O 2 7 = % 2 © � I ^ \ � � \ { s to © k k C K 2 0 I > % k 2 2 0 U E § ® / 2 2 10 ( / ® ® 2F E � > k ƒ 2 0 DUMONT Warehouse Locations The Dumont Company has 8-full service warehouses located throughout the state: Apopka Distribution Center: (1) Distribution Manager 2263 Clark Street (1) Manufacturing Coordinator Apopka,FL 32703 (2)Drivers (3) Trucks Oviedo Warehouse: (1)Manager 812 Eyrie Drive (4)Drivers Oviedo, FL 32765 (5) Trucks Tarrytown Warehouse: (1)Manager 13825 SR 471 (3)Drivers Webster, FL 33597 (4) Trucks Starke Warehouse: (1)Manager 419 Edwards Drive (3) Drivers Starke, FL 32091 (4) Trucks Big Pine Key Warehouse: (1)Manager/Driver 100 Industrial Road Trucks (2) Trucks Big Pine Key, FL 33043 Hollywood Warehouse: (1) Manager 5705 Dewey Street (2)Drivers Hollywood, FL 33023-1917 (3) Tucks Labelle Warehouse: (1) Manager 871 Industrial Court (3)Drivers Labelle, FL 33935 (5) Trucks Monticello W4rehouse: (1) Manager/Driver 33 Too Long Keen Road (2) Trucks Monticello, FL 32344 DUMONT HFS Manufacturing Process Fluoridation Dumont actually manufactures Hydrofluosilicic Acid in a water white solution for use in an effective fluoridation prograin. It is an extremely high quality product with low levels of heavy metals and arsenic. It is commonly delivered using our mini-bulk delivery system. Dumont's HFS 2300 Manufacturing Process While it is true that most HFS used in the US comes from a by-product stream from phosphate mining, Dumont can assure you that this is not true of the HFS 2300 which we distribute. The following information has been prepared so that you can have a good understanding of Dumont's process: Source of Raw Materials We import the raw materials fi•om Spain where it begins by being mined from fluorspar deposits by a company by the name of Derivados del Fluor. This is very different from ( the more common source in the US where the HFS is taken from a by-product stream from phosphate mining. Beginning with the mined product, Derivados then manufactures the final product to drinking water standards. They have a Health Registration number which is the method used to certify products in Europe similar to NSF and they are ISO 9000 certified. They are a major supplier of HFS in Europe. (See Derivados website at wwwAdfluor.coni ) Transporting A highly concentrated solution of the final product is shipped in polyethylene tote containers inside a sealed ocean container and ultimately delivered to our facility in Apopka,Florida. Processing by Dumont Dumont dilutes the concentrated solution to the 23%level which is the most commonly used solution in the US. The product is then stored in large polyethylene tanks and finally packaged in drums,totes or shipped in tankers to the final destination. This entire manufacturing process is visited twice a year unannounced by Underwriter's Laboratory (UL). UL is the ANSI accredited agency that certifies that the raw materials and manufacturing process meet all requirements of the NSF Standard 60 for Drinking Water. During these visits, the entire process is observed and samples are taken of finished product for extensive testing in the UL laboratories. The Dumont Company,Inc.--381 S. Central Ave.,Oviedo,FL 32765 1 800-330-1369 FAX: 800-524-9315 ( Contaminants The most common contaminant associated with HFS is Arsenic. We are fortunate that the area where the fluorospar is mined in Spain has a very low content of Arsenic. The Dumont HFS 2300 typically contains only 1 ppm of Arsenic while the more common phosphate mining by-product material contains up to 35 ppm. In addition, the total Heavy Metals content is less than half that of the by-product material. Summary The HFS 2300 is the highest quality Hydrofluosilicic Acid that is currently available in the US. It is water white and low in Arsenic and Heavy Metals. This higher level of quality is achievable since it is not just a by-product of another process,but is a manufactured product that is designed for use in public drinking water systems. Many utilities have chosen to use this high quality form of HFS in their system removing one of the most significant criticisms most often voiced by the critics of using Fluoride. Contact Dumont's technical team for more information on Dumont's HFS 2300. The Dumont Company,Inc.--381 S. Central Ave.,Oviedo,FL 32765 2 800-330-1369 FAX: 500-524-9315 DUMONT September 6, 2012 RE: Bid #2013-01 City of Delray Beach Subject: Office Hours/Contact Person & 2417 Telephone Number The Dumont Company's office hours are as follows: • Monday—Friday: 8:00pm— 5:00pm i Your point of contact will be Kenny Williams, Technical Development Manager and can be reached at: ® Office: 800-330-1369 a Cell: 352-303-5773. Dumont's 800 number (800-330-1369) is answered 2417 by a "real person" answering service during off hours/holidays which enables them to get in touch with someone from our management team within minutes to handle technical and safety concerns. !KoAld H. C ight, President The Dumont parry, Inc. 381 South Central Avenue, Oviedo, FL 32765 Phone: 800-330-1369 Fax: 800-524-9315 SEP-07--2010 13:i8 Dumont Chemicals P.001 440 G.R 416 S (352)793-9018 Home Lake Panasofakee, FL 33538 !3521 303-5773 Cell 7 INIMMIMS Objective Fwcel in the Water and waste-water industry lhrciugh ilie oppurtutiity tci wjrl with facilities W help irllpru"•e "ater;trid viasjcwater sy.ytenis through ever',- phase nf'operation. rnaintentanee,and Ell alna genient, l believe rnV Outgoing personalit%_ eNperience in operation,clieniieals and Nvork witli engin eers, MM and SWl:Wh-tl� P rovide rile vci111 the skills necessar}'to ass iwt water treatmuill,v%,ater distrilnilinn,anal eater tlualin and uimpliance c:onc erns_ Experieue 2007 • Present Dumont Chemicals C:ustollier Service,Vaelin ic ian Assiwt eater and Nvastev`•rttcr systems by proO ing necessirn chemicals nccded to eti`e'�tively treat the source. Primam resptinsibilitics include helping facility ciperators solve or enhance treatinetlt by the most effective anti eeonomival way.available,IYoubleshoothig laacilities and recOmnaending tipgrades nc-c:essan to raaeet compliance witli regulatory agelw}- 2002 - 2007 Florida Rural \4'ntrr As!,ucilal:1011 State water t'ir:tlit Rider Pro idC teclinicai assistance to eater and Liter 4vstenis li_ir the Dep1tritnent of F.nvir onlnental Protectiiari. The ,issj q anc es invaily ed technical, tjn7neial, and/ or rnana urial aspects of system operations_ Examples of technical tassistanOC conducted through the assistance program included: rate studies, stlmplinghnonitoring training, opera,tiony and maintenancx troublesh,xitirlg; development of groundwater protection lilatis, IVA detection, line location, business operatiMIS z%A It(111, valve location, tretatmolit ti oubleshOOting, board member training,and c+pm-ationtal training. l yyy._�pty� C ity of Bushnell Lead Water mild WrastOwater Opung tir Responsible fur producing a safe avid picasant drinking water at seven %cater treatment plants and operation ofwa_stehater paa%:1,a .e Plant, Kcsrxiiisibilities include daily operation, overseeing construction (if distdbulion sy'stern and wasjtrwater facility. maintenance issues. sampling. rcportilig and compliance issues with FDEP acid S1 F\k'NlD_ 1995--1999 Wilhanl3 water and SeNvage Tminw#Opet vor 't'rain4 Ill Water jind Wastewater. Perfiirmcd ilia i11terwee and oNration un nine package plants and twt!nty water plaint-s under lead operator. Education SOLIth Suillter I filth S1211001 17el,artlllent iii` r•l,e rl'onlllental PF01ecti��n 1."L:1 C' ��,ltite +.+ter Ire ttmcr,t, License Nnrnber W\V-0009620 Depariment of Envirr,rlrncllt sl Protection Le\el C: Drinking NVater Treatment, Licewie NL11l1bkr tiV\V-001 Z 101 IS-()0100 Introduction tL%the Incident Conirmind S1,sic"' IS-t]U100PW Public Works 1rlt,'OdLldUn ILA the Incicierlt C,ltnnlaml Systenl l`5-()()200 Intrc7cluetiun tL) the Incident Command �4tecys for Single Resources and Initial Action Incidents I�-00',00N3ticinill Incidwil fvlarttlgenlent`N"Lem Current FAUcntiun LakC City L'0171nyL1nit% lego online Water 1 reatmcnt course el B [nte t� l urllil},churUll, camping. oiltdoors. Schools Bachelor of Arts in Missions, Evangelism and Church Qrowth through Newburgh Theological Seminary ,& NewbUrgh College of the Bible Refelvnm Mr. Ron Allcn Mr. Bennie Dedenbaut!h P.l-._ C'it~ of WildwLod H&L3 Consulting Engineer%, tile. 100 North Main St 410 Fast Belt A�unite M16N L)nd, FL 34785 Bushne.l1, FL, 135 L, (35)330-1349 office 0 32) 793-2113 ul)lec (352) 303 2333 mobile Mr. Toill GustatSL,11 Mr Wayne Bryant Florida Rural Wmcr Association Pro-Tech Water& Wastewater Services 2970 Wellill9lon CIF W, Ste 10 Sit 1 Box 9 Silver Springs. Ft_ 3448$ Tallahassee. FL 3.1309-6885 (352)236-24-44 (950)668-2746 ofticc SFF 07-2010 13:t7 Dumont Chemicals F.00i Jocl T. Raincy 6740 Polk Laiw Colutr bia. TN 3R401 (9;1 ) 940-0945 OBJECTIVE. Informational EXU�RYENCC: U.S. Aquatech Vp_Operations Priiltar% responsibility for all technical functiOris including nlanufacturiDg., 2005 —Present compliance, product detulopmerlt, raw material approNals and sales $uppurt. U.S. Aquatech is a manufacturer rind supplier kif water treatment chemicals for drinkitlg water as eertiticd under the AN`LINSf Standard 60. Sweetwater Technologies,Temecula, CA VP—Operations S woetN%ater is a manufacturer and markoter ut %%uler treatillent chellllcals used 1906—2005 primarily in potable water. As VP. I had oversight of'alI areas ol'the business — manufacturing„ compliance, sales. marketing, persomM. product development, teehilieni Issues,nitulicipal bids, ra%k material appro%aPpurchasing, etc. CPS Chemical Conlpany,Old Bridge, NJ Regional Sales Manager Manal emtmt ofartra sales representatkes in western North America %%ws the 1995 1996 responsibility in this posirion. Coordination bet\\een upper management targets and speaili4 solos efluris�tiaS paramount. as\Sell as direct sales Support'M key' wxounls. The tcrritnr) consisted of;0 U.S States, Mexico and %Nestern Canada. Account Executille 1 erritorial account m$nggt' cIlt %yas [lie prirnan focus,directed at increased 1987 1995 sales of specialty chemicals and manufacturing services. ExWnsk-(c planning and organization Nkere paramotint to coordinate travel,appointments, entertainment, etc. The product line consisted of cationic tlocculants sold primarily through resellers or distributors and specitllty monomers, Champion Technologies,Fresno,TX Group Leader Primary'focus involved mrnagement ol'all aspects ul'thz water clarifier and 1986— 1987 reverse emulsion breaker product line. lautics included research and product development in both lab and field settings. interaction with eoulpany sales personnel and major oil company staff along with Salving immedime problems on location. Product development included synthesis, field evalualIon and manufacturing support. SEP-07-2010 18:17 Dumont Chemicals P.002 14atkel•Oil Treating, Houston,TX Product Specialist The scope of work centered upon developtrlelu of reverse e[TiulSiOn hreakers 1984 — 9986 and water clarifiers, field evaluations and manufacturing,consultation. Efforts centered uport short torm projects %vith particular aliention givell to specific field situations requiring Support and training. New product introduction involved cost analysis, f4ISDS preparaliorn, rocs materia)SOUNing and manufacturing procedure ;icic isument. Nalco Chemicsl Conipan.y, Sugar Land,TX Technical Representative Dukes as tin outside sales representative invoh-ud finished product additives in 1984 refineries along the Texas gulreoast_ The product fine ecinsisted of dchazers, corrosion inhibitors,sweeteners,stabilizers and v ax modifiers ror high poor crudes. Duties included servicing existent customers and survcying ne" opportunities. Research Chemist Major responsibilities included long term research and de%elopment ofreverme 1 981 — 1984 emulsion breaker /%wer clarifiers,manufacturing Support during upgrade of new products and technical response toward itnrmcdiate field problems. Rcscarch projects consisted of synthesis, blending, field testing and manufacture upgrade. FDUCATfON: 13_S. Chenl9strti,June, 1979. U111versit% o9"rennessee at Martin. Graduated with highest houars, Post-graduate work, in Medicine, 1979.811, tJniversitl cif Tennessee Cuawr k)r Health Scicncvs. Memphis, IN. TOTAL P.002 DUMONT September 6, 2012 City of Delray Beach RE: Bid #2013-01 Hydrofluosilicic Acid Chain of Custody Statement The is to certify that the Chain of Custody regarding the above referenced bid will not be broken because the Dumont Company is the manufacturer, distributor and deliverer of the product. Dumont's personnel loads the company owned trucks and the product is delivered by Dumont employees so at no time would the chain of custody be broken. If you have any further questions please feel free to contact me. Sincer n Id H. C tw ight resident 381 South Central Avenue, Oviedo, FL 32765 Phone: 800-330-1369 Fax: 800-524-9315 Page 1i v/� ��n�mHmn�r 20090323-0�D4h3oaB Report Reference M11146303,March 09,2m08 , Issue Date %00Y March%3 ���TNu������� ���� ��Q�� Issued to; ^�u/�r^���� _� �~�� ���~^ 3818CENTRAL AVE OVIEDO,FL3%765USA This is to cerfif/ tVo/( Drinking Water Treatment Chemicals representative snngv/cxo Model Descriptions: HF@4000,BUp@238O ( /Gxvr brn/r investigated 6v Untlyrn/ihocv/.uhurx/o/im/lire.®R ill oco,/x/u/ ce with the 0m/(h-ird(s) indicated onthis Cert�flcate. SY«//ikir�/i /�/'jQv6��// The basic standard used tob�vum�Aate products in this category ia/�N80S�SP60' -`—' ^ 2005, "Drinking Water Treatment Chemicals-Health Effects." Addition o/Infomm/ion: The following maximum use level restrictions: Maximum Use Product Level,mg/L HFS 4000 3.4 RFS 2390 6.0 Only those products bearing the DL Listing Blx/^k should bm considered uu being covered by UL's Listing and FoUov'Dy9w'rice. The UL Listing Mark gxownUyiud"dm the YoUooing denoum: the symbol Ql. io o d,do���' with the word `^LJ8TED"; x control xomhor(n:ybcx|phun"mm1r} ny�|�ood by UL; and the pmduc/ mtcQn/7 oumc (produ,< identifier) as indicated |o the »pyropd:w0[Directory. Look for the UL Listing Mark on the product Issued by: Reviewed by: Jim Larin. CustomerSen/iueSpooim|iot Douglas Frederick,Section nxxuvge,D unJvrwovo���»ommn=mv Vnoen"n�mLaxvn,muoomo. Any i^mnnm/uoand documentation|ovowou oL Mark sem^rx are provided vn behalf v,Underwriters Laboratories mc(UL)or any a"tx^,|rou / no^nseemuL \ For questions m The United States o,Amvnca you may call 1'orr'oL'osLpn. Duhl"M{ ONT IIFS 2300 CERTIFICATE OF ANALYSIS SOLD TO: Typical Analysis Quantity: Shipping Date: Trade Name: Hydrofluosilicic Acid PO#: Manufactured by: Dumont—Plant#1 USA Lot#: PROPERTY SPECIFIED LIMITS TYPICAL Certified to ANSI/NSF Std 60 Pass Appearance Clear, water white liquid Pass Assay, %H2SiF6 22.0-24.0% 23.1 HF, % 1.0 max 0.46 Specific Gravity 1.19-1.22 1.20 Heavy Metals, % as Pb 0.01 max 0.0012 As, % 0.0005 max 0.0001 I certify that all tests as stipulated in the required specifications were performed in accordance with approved test methods and that the results as reported are true,correct and within specified limits. J. T. Rainey Technician The Dumont Company,Inc.—381 S. Central Ave.,Oviedo,FL 32765 800-330-1369 FAX: 800-524-9315 HFS 2300 Hydrofluosilicic Acid DUMONT Fluorosilicic Acid • ANSI/NSF Standard 60 Certified 0 Consistent 23% Solution • Conforms to AWWA Std B703-94 i Low in Arsenic and Heavy Metals Usage Handling HFS 2300 is used for fluoridation of drinking HFS 2300 is a corrosive and hazardous product water. It is a crystal clear product that is but does not have a reportable spill quantity. manufactured consistently as a 23% solution. Refer to UN1778 of the DOT guidelines. Avoid Since it is a manufactured product, it is very contact with skin or eyes and wash affected low in Arsenic and Heavy Metals, This makes areas with water if contact is made. Refer to the it a good choice as a source of fluoride, since MSDS for more detailed instructions. you are minimizing the addition of other undesirable elements to your system. Shipping HFS 2300 is packaged in drums and totes as Description well as in bulk tanker loads and smaller through Appearance Clear liquid our Mini-Bulk service. Packaging should be % H2SiF6 23% non-metallic and non-glass. Specific Gravity 1.19 - 1.22 pH <2.0 Customer Service As, % 0,0005 max Dumont can provide a complete chemical feed Heavy Metals, %as Pb 0.01 max program to meet your water quality needs including equipment and set up. We deliver all chemicals used for drinking water systems and Application most are available through our Mini-Bulk This product should be applied using a service. For complete details on all of our metering pump and can be fed neat from the products and services, please contact: storage vessel without dilution. A day tank is required in most jurisdictions. Optimum DUMONT dosage is 1 ppm as fluoride (F). 381 S. Central Ave. Oviedo, FL 32765 Ph: 800-330-1369 Fax: 800-524-9315 vtrww.dumontchemicals.com The information provided has been obtained from sources believed to be reliable and is accurate to the best of our knowledge. Government regulations and standards change without notice. Further, handling and use of the product is beyond our control. Dumont provides no warranties,either expressed or implied,and assumes no responsibility for the accuracy or completeness of the data contained ha�eln.This information is offered for your consideration and investigation. You should satisfy yourself that you have all current data relevant to your particular use. DUMONT Material Safety Data Sheet Provided by: The Dumont Company, Inc. 381 S. Central Ave., Oviedo, FL. 32765 Phone(800)330-13691Fax(800)524-9315 I. Chemical Product Identification Product Name: HFS 2300 CAS Number: 16961-83-4 Synonyms: Hexaflurosilicic Acid; Fluosilicic Acid; HFS Chemical Name: Hydrofluosilicic Acid Emergency Phone: 800-330-1369 Date of Issue: 10/01/2006 Revised Date: 09/16/2011 11. Composition Components Percent TLV-TWA Hydrofluosilicic Acid 23-25% *2.5 mg/m3 *Exposure Limit for Fluorides, as F U1. Health Hazards Eye Contact: Causes severe irritation and burns. Liquid or vapor may cause permanent eye damage. Effects may be delayed. Skin Contact: Causes severe irritation and burns. Contact may cause permanent skin damage. Effects may be delayed. Inhalation: Causes severe irritation and burns. May irritate or burn nose, throat and respiratory tract. May cause coughing, difficulty breathing, chemical pneumonitis or pulmonary edema. Inhalation of high concentrations may cause hypocalcernia (lowering of serum calcium), nervous problems(tetany) or cardiac arrhythmia(heart irregularity). Prolonged or repeated contact may cause sore throat, nose bleeds, chronic bronchitis, emphysema or erosion of teeth. Effects may be delayed Ingestion: Causes severe irritation and burns. May irritate or burn mouth, throat and digestive tract. May cause nausea, vomiting, bloody diarrhea, abdominal cramps, perforation of the digestive tract, coughing, difficulty in breathing, shock, pulmonary edema, suffocation, convulsions, unconsciousness, coma or cardiopulmonary arrest. Effects may be delayed. Carcinogenicity: Not listed by NTP, IARC, or OSHA. I HFS 2300 Page 2 IV. First Aid Procedures Eye Contact: Immediately flush eyes with water for at least 20 minutes. Get immediate medical attention. Skin Contact: Immediately flush skin with water for at least 20 minutes while removing contaminated clothing and shoes. Get immediate medical attention. Inhalation: Move victim to fresh air. Call emergency medical service. If breathing is difficult, administer oxygen. Give artificial respiration if victim is not breathing. Ingestion: If fully conscious, drink a quart of water. DO NOT induce vomiting. CALL A PHYSICIAN IMMEDIATELY. If unconscious or in convulsions, take immediately to a hospital or a physician. NEVER induce vomiting or give anything by mouth to an unconscious victim. If vomiting occurs spontaneously, keep head below hips to prevent aspiration of liquid into the lungs. If available, give several glasses of milk V. Personal Protection Information Respiratory Protection: Wear NIOSH approved mist respirators. Ventilation: General room ventilation and local exhaust are required. Maintain adequate ventilation. Do not use in closed or confined spaces. Avoid creating dust or mist. Skin Protection: Wear acid-proof rubber gloves and protective clothing depending on condition of use. Eye/Face Protection: Wear chemical safety goggles and a full face shield while handling this product. Do not wear contact lenses. Other Protection: Eye bath and safety shower. Work Practices: Use good personal hygiene practices. Wash hands before eating, drinking, smoking, or using toilet facilities. Promptly remove soiled clothing and wash thoroughly before reuse. Shower after work using plenty of soap and water. VI. Fire and Explosion Hazard Flash Point Method: >200 F TOC LEL: NIA Flammable Limit: NIA LIEL: NIA Extinguishing Media: Dry Chemical, foam and CO2 Special Fire Fighting Procedures: A self-contained breathing apparatus should be worn by fire fighting personnel. Measures for Accidental Release In case of release or spill: Shut off source of leak if safe to do so. Evacuate unprotected personnel from area. Maintain adequate ventilation. Dike area to contain spill if possible. Place into drums for proper disposal. Absorb or cover with dry earth, sand, or other non-combustible material and transfer to containers. Flush remaining area with water and neutralize with Soda Ash or Lime and dispose of properly. Avoid direct discharge to sewers and surface waters. Notify authorities if entry occurs. Prevent entry into basements, low areas, or confined areas. HFS 2300 Page 3 V111. Handling and Storage Handling: Avoid contact with eyes, skin, and clothing. Use with adequate ventilation. Do not swallow.Avoid breathing vapors, mists, or dust. Do not eat, drink, or smoke in work area. Wash thoroughly after handling. Use non-sparking tools. Storage: CORROSIVE MATERIAL. Store in a cool,well ventilated area, out of direct sunlight. Store in a dry location away from heat. Keep away from incompatible materials. Keep containers tightly closed. Do not store in unlabeled or mislabeled containers. Highly corrosive to most metals with evolution of hydrogen gas. Do not freeze. Do not store in glass or stoneware. . Physical Data Boiling Point('C) >100C(decomposes) Vapor Pressure (mmHG): 24 Solubility (H20): Complete Vapor Density (Air-1): NIA pH: <2.0 Specific Gravity (H2O=1): 1.20-1.24 Appearance/Odor: Clear, pungent liquid Evaporation Rate: NIA X. Reactivity Stability: Stable under normal conditions Incompatibility: Metals, Alkalies, Strong concentrated acids, Strong oxidizing agents, Glass Stoneware, Ceramic, Decomposition/Byproducts: At elevated temperatures, product will decompose generating Hydrogen gas, Hydrogen fluoride and Silicon tetrafluoride. Toxic and corrosive fumes of fluorides. Hazardous Reaction; Hazardous polymerization will not occur under normal conditions. May react with certain metals to produce flammable hydrogen gas. Explosive mixtures in contact with alkaline materials(Na, K, Li). Conditions to Avoid: Reacts with water or humid air to form dangerous gas/vapors. Avoid heating the product to its decomposition temperature. X1. Toxicity Information LD50 Oral: Rat: 430mg/kg LD50 Skin: No Data LC50 Inhalation: Rat: 850 to 1070 ppm/1 H XII. Ecological information Ecotoxicological Information: No Data Available Chemical Fate Information: No Data Available Toxic effect in fish and plankton. Potential exists for bioaccumulation in aquatic organisms. Prevent from entering surface water, wastewater and soil. HFS 2300 Page 4 XIII. Waste Disposal Method Dispose of waste according to all Federal, State and local regulations. XIV. Transport Method USA Dot Shipping Name: Fluorosilicic Acid Hazard Class: 8 UNINA Number: UN1778 Packing Group: fl DOT Label Required: Corrosive Marine Pollutant: NIA XV. Regulatory Information CERCLA RQ (lbs): NIA SARA Title 111 Section 3111312: Category Q Acute Y n Chronic N ❑ Flammable N ❑ Sudden Release of Pressure N o Reactive N SARA Title Ill Section 313: NIA SARA Extremely Hazardous Substance: NIA HMIS Hazard Rating Health: 3 Fire: 0 Reactivity: 1 0-Leask 1-Slight 2-Moderate 3-High 4-Extreme XV1. Other Information UL Maximum Use Level for Potable Water(Standard 60): 6 mg/L TSCA(Toxic Substance Control Act),40 CFR 710: NIA Sources of the raw materials used in this mixture assure that all chemical ingredients present are in compliance with Section 8(b) Chemical Substance Inventory, or are otherwise in compliance with TSCA. Disclaimer of Warranty The information provided in this Material Safety Data Sheet has been obtained from sources believed to be reliable. Dumont provides no warranties, either expressed or implied, and assumes no responsibility for the accuracy or completeness of the data contained herein. The other information is offered for your information, consideration and investigation. You should satisfy yourself that you have all current data relevant to your particular use. 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.E.-REGULAR COMMISSION MEETING OF DECEMBER 2,2014 REQUEST FOR A SIDEWALK DEFERRAL/1002 SEASAGE DRIVE BACKGROUND The subject property consists of 0.3517 acres (15,322 sq. ft.) and currently contains a 1-story 4,566 sq. ft. single family residence constructed in 1963. It lies within the Seagate Overlay District and is located on the west side of Seasage Drive, just south of Hibiscus Road. The property is zoned Single Family Residential (R-1-AAA) and the applicant proposes to demolish the existing home and construct a new 8,702 sq. ft. two-story single family residence. The owner wishes to defer construction of a five foot (5') sidewalk adjacent to the right-of-way along Seasage Drive. No other sidewalks exist on either side of the road. Pursuant to the sidewalk deferral agreement, the owner will construct the sidewalk along Seasage Drive at its sole cost and expense at a later date, after being requested to do so by the City. The agreement has been reviewed by the City Attorney and has been approved as to form. City Commission Workshop: On September 9, 2014, the City Commission held a workshop to discuss alternatives to sidewalk deferrals. Pursuant to LDR Section 6.1.3(D)(3), it was discussed that in-lieu payment of fees for future construction of a five foot (5') sidewalk was a viable alternative that had been underutilized to date. Upon further consideration, in-lieu payment was deemed the preferred alternative to future approval of sidewalk deferrals. However, the applicant's original sidewalk deferral request was received by the Planning & Zoning Department on July 11, 2014. Having been advised of the outcome of the discussion at the September 9, 2014 City Commission workshop, the applicant agreed to withdraw his prior submitted sidewalk deferral request and opted to participate in the in-lieu of payment program. Per the direction provided at the October 21, 2014 City Commission meeting, however, sidewalk deferral requests received prior to the City Commission Workshop on September 9, 2014 are to be processed consistent with those granted in the past. The applicant was informed of this disposition and given the urgency of pending building permit issuance for construction of the home, was inclined to resume processing of the originally submitted sidewalk deferral request. As such, the applicant now brings forth the original sidewalk deferral request for consideration. DISCUSSION Approve a sidewalk deferral for the single family residence located at 1002 Seasage Drive within the Seagate Overlay District to allow future construction of a sidewalk along the west side of Seasage Drive. RECOMMENDATION Advisory Board Recommendation: On August 28, 2014, the DSMG (Development Services Management Group) recommended approval to the City Commission to allow a sidewalk deferral for 1002 Seasage Drive. Staff Recommendation: The Planning & Zoning Department recommends approval of the sidewalk deferral to allow future construction of a five foot (5') sidewalk along the property frontage of 1002 Seasage Drive located within the Seagate Overlay District. Prepared By: RETURN TO: R. Brian Shutt,Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach,Florida 33444 AGREEMENT FOR SIDEWALK IMPROVEMENTS THIS AGREEMENT entered into this day of , 20 , between the City of Delray Beach(hereinafter the City) and (hereinafter the Owners), for the purpose of waiving the requirement of the installation of a sidewalk along_1002 Seasa e°Drive_until such time as the City requests the construction of the sidewalk by the Owner. WHEREAS, Land Development Regulation Section 6.1.3(C) requires the installation of a sidewalk, within the 1002 Seasage Drive right-of-way immediately abutting the subject property, by the Owner prior to the issuance of a certificate of occupancy; and, WHEREAS, the Owners have requested a waiver from the requirement of the installation of a sidewalk pursuant to Land Development Regulation Section 6.1.3(D)(1)(b); and, WHEREAS, in order to provide conformity along the street the City Commission voted to waive the requirement for the installation of a sidewalk until such time as the City requests the Owner construct the sidewalk. C:I Users WinancelApp DatalLocallMicrosoftlWiudowslTemporaq biteruet Files lCouteut.Outlook 107V34YFBWdewalk deferral agmt-blauk.doc Page I of 3 WITNESSETH NOW, THEREFORE, in witness of the above and in consideration of the City agreeing to waive the requirement for the installation of a sidewalk, at this time, for the property located at _1002 Seasa ee Drive as described below: Seagate Extension LT 10 Blk 5 PCN:12-43-46-21-08-005-0100 1. The Owner agrees to construct a sidewalk, at its sole cost and expense, along the _1002 Seasage Drive right-of-way abutting the subject property, within a time period that is acceptable to the City, after being requested to do so by the City. The sidewalk, when constructed, shall meet all of the current ordinances of the City of Delray Beach. 2. It is the intent of the parties that this Agreement shall run with the land. This Agreement shall be recorded in the public records of Pahn Beach County, Florida and shall be binding on the parties legal representatives, heirs, successors and assigns. IN WITNESS WHEREOF, the parties to this agreement set their hands and seals this day of , 20 ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Mayor, Cary Glickstein Approved as to form and sufficiency: City Attorney C:I Users I FinancelAppData I LocallMicrosoft I Windows I Temporary Internet Files I Content.Outlook W7V34YFYsideWalk deferral agmt-blank.doc Page 2 of 3 WIT ES: OWNER: MA uA G F va (Ple or print name) (Please type or print name) STATE OF I L bf\'OA COUNTY OF '-?0VN R m c \ ) BEFORE ME personally appeared ern L(AU dGn who [is] are] personally known to me or [has] [have] produced [and respectively] as identification, and who executed the foregoing instrument, and acknowledged before me that& he] [they] executed said instrument for the purposes expressed therein. WITNESS my hand and official seal this day of 5���. 201. My commission expires: � Oft)p A N ary Public (Seal) CHELSEY GRATTAN r n _ MY COMMISSION#FF034561 oP EXPIRES July 9.2017 Service.com (407)398-0153 noridallotary agt/sidewalk deferral agreement C:I Users lFinancelAppDataIocahjWicrosoftlWindows7emporary Internet McslContent.Outlook W7V34YFfsidewalk deferral agent-blank.doc Page 3 of 3 ��fIJ- ZD-A.i. rH ��-� s -a�or� Q��H �� &e o £Sb££VORIO'IJ`fDVHH iVH'IHO b019 HfINHAV HIP HN SS[ - z Mop i°e m S2IHO'IIf1H HOISVHS 'Id HDVHH AV2IHHQ HAM(l FIDVS VHS ZOO[ HWOH WO.LSfIO o a 2 - _ 2 E — � °� ° Ou 4 ,00 oil`.'xw -ep I � 7 j 1 � �a r z _ sm m 0 0 � I � Nitva tH.�ve `" • r IT rr Ila, 1 .. 1 AL fk IBIS RQADi AL d Je yr. ° • � � .�'� - • + � M 1002 SEASAGE DRIVE PLANNING AND ZONING DEPARTMENT AERIAL MAP , 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.F.-REGULAR COMMISSION MEETING OF DECEMBER 2,2014 REQUEST FOR SIDEWALK DEFERRALS/1031 MELALEUCA ROAD BACKGROUND The subject property consists of 0.3185 acres (13,872 sq. ft.) and currently contains a 1-story 3,682 sq. ft. single family residence constructed in 1954. It lies within the Seagate Overlay District and is located on the northwest corner of Seasage Drive and Melaleuca Road. The property is zoned Single Family Residential (R-1-AAA) and the applicant proposes to demolish the existing home and construct a new 2,437 sq. ft. two-story single family residence. The owner wishes to defer construction of five foot (5') sidewalks adjacent to the rights-of-way along Melaleuca Road and Seasage Drive. No other sidewalks exist on either side of the road. Pursuant to the sidewalk deferral agreements, the owner will construct the sidewalks along Melaleuca Road and Seasage Drive at its sole cost and expense at a later date, after being requested to do so by the City. The agreements have been reviewed by the City Attorney and have been approved as to form. City Commission Workshop: On September 9, 2014, the City Commission held a workshop to discuss alternatives to sidewalk deferrals. Pursuant to LDR Section 6.1.3(D)(3), it was discussed that in-lieu payment of fees for future construction of a five foot (5') sidewalk was a viable alternative that had been underutilized to date. Upon further consideration, in-lieu payment was deemed the preferred alternative to future approval of sidewalk deferrals. However, the applicant's original sidewalk deferral request was received by the Planning & Zoning Department on September 2, 2014. Having been advised of the outcome of the discussion at the September 9, 2014 City Commission workshop, the applicant agreed to withdraw his prior submitted sidewalk deferral request and opted to participate in the in-lieu of payment program. Per the direction provided at the October 21, 2014 City Commission meeting, however, sidewalk deferral requests received prior to the City Commission Workshop on September 9, 2014 are to be processed consistent with those granted in the past. The applicant was informed of this disposition and given the urgency of pending building permit issuance for construction of the home, was inclined to resume processing of the originally submitted sidewalk deferral request. As such, the applicant now brings forth the original sidewalk deferral request for consideration. DISCUSSION Approve the sidewalk deferrals for the single family residence located at 1031 Melaleuca Road within the Seagate Overlay District to allow future construction of sidewalks along the north side of Melaleuca Road and the west side of Seasage Drive. RECOMMENDATION Advisory Board Recommendation: On August 28, 2014, the DSMG (Development Services Management Group) recommended approval to the City Commission to allow both sidewalk deferrals for 1031 Melaleuca Road. Staff Recommendation: The Planning & Zoning Department recommends approval of both sidewalk deferrals to allow future construction of five foot (5') sidewalks along the property frontage of 1031 Melaleuca Road located within the Seagate Overlay District. RETURN TO: City Attorney's Office 200 N.W. 1 st Avenue Delray Beach,Florida 33444 AGREEMENT FOR SIDEWALK IMPROVEMENTS THIS AGREEMENT entered into this day of , 20 , between the City of Delray Beach (hereinafter the City) and Ann Driscoll (hereinafter the Owners), for the purpose of waiving the requirement of the installation of a sidewalk along Melaleuca Rd. & Seasage Dr, until such time as the City requests the construction of the sidewalk by the Owner. WHEREAS, Land Development Regulation Section 6.1.3(C) requires the installation of a sidewalk, within the Melaleuca Rd. & Seasage Dr. right-of-way immediately abutting the subject property, by the Owner prior to the issuance of a certificate of occupancy; and, WHEREAS, the Owners have requested a waiver from the requirement of the installation of a sidewalk pursuant to Land Development Regulation Section 6.1.3(D)(1)(b); and, WHEREAS, in order to provide conformity along the street the City Commission voted to waive the requirement for the installation of a sidewalk until such time as the City requests the Owner construct the sidewalk. WITNESSETH C:I Users lFinancelAppDatalLocahMicrosoftlWindoxslTemporary InternetFileslContent.Outlook107V34YFBIsidex'alk deferral agmt 1031 -modified.doc Page I of 3 NOW, THEREFORE, in witness of the above and in consideration of the City agreeing to waive the requirement for the installation of a sidewalk, at this time, for the property located at 1031 Melaleuca Road as described below: Seagate Section A LT 3 BLK 15 PCN:12-43-46-21-06-015-0030 1. The Owner agrees to construct a sidewalk, at its sole cost and expense, along the Melaleuca Rd. & Seasage Dr. right-of-way abutting the subject property, within a time period that is acceptable to the City, after being requested to do so by the City. The sidewalk, when constructed, shall meet all of the current ordinances of the City of Delray Beach. 2. It is the intent of the parties that this Agreement shall run with the land. This Agreement shall be recorded in the public records of Palm Beach County, Florida and shall be binding on the parties legal representatives, heirs, successors and assigns. IN WITNESS WHEREOF, the parties to this agreement set their hands and seals this day of , 20 ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Mayor, Cary Glickstein Approved as to form and sufficiency: City Attorney WITNESSES: OWNER: C:I Users lFinancelAppDatalLocallMici,osoftlWindowslTemporary Internet FileslContent.Outlook107V34YFBlsidewalk deferral agent 1031 -modified.doc Page 2 of 3 By: �!Tip i'e tt� (Please type or print acne) (Please typt or print name) STATE OF U ROD A � COUNTY OF BEFORE ME personally appeared d N iV w��c o wh [is] are] personally known to me or [has] [have] produced [and respectively] as identification, and who executed the foregoing instrument, and acknowledged before me that [he] [she] [they] executed said instrument for the purposes expressed therein. WITNESS my hand and official seal this day of 5a-!p t. 2014 . My commission expires: ci- Notiry Public �aP CHEL.SEY GRArrAN MY COMMISSION#FF034561 (Seal) s.F o?°.•'` EXPIRES July 9,2017 0071398-0153 FloridallotaryService.com C.I Users lFinancelAppDatalLocallMicrosoftl Windows 7emporaq Internet Files lContent.Outlook 107V34YFBWdewalk deferral agent 1031 -modified.doc Page 3 of 3 TAI in-i. ZD-a-IL 11-4 Z5"a S -a ICI O r cl 1-4 Z o £84££dOI2I0'I3`HOdHfi id2l'IHO o�o � — � sxaa�rna aalsdas - Q � d 1 ■■z m a 'Id HOVHg AV2 lFl(l QVO'd VOHIPIV'IFIW I Of RMN Of Z a o� _ (r W LU of — CD Q Q A b o 3`� �oo�a Novo v�o /J05L �NI1 A1?J3d0?Jd 4 III -------------------- --- — 0 ov 3 „ r o <a e � s i °W I p -------------------- 3a — _ -- —-- - -- b 9vn oao�ad paooi _J ��`° Al 1 • !i ♦ r 1 -C _ !� r. reel ! •4 LIU • ' +Y r R - S r � y T a • t ROA " �f.> 't • '� ��! �1 -sue. ,fM i ♦� i � �`t ��t� 47 't IL 1031 MELALEUCA - i . D PLANNING AND ZONING �.1 DEPARTMENT AERIAL MAP w MEMORANDUM W TO: Mayor and City Commissioners FROM: Planning and Zoning Department THROUGH: Terry Stewart, Interim City Manager DATE: November 4, 2014 SUBJECT: AGENDA ITEM 8.G.-REGULAR COMMISSION MEETING OF DECEMBER 2,2014 RIGHT OF WAY DEDICATION FOR 104 SE 1ST AVENUE(SWINTON SOCIAL),OLD SCHOOL SQUARE HISTORIC DISTRICT BACKGROUND At its meeting of November 16, 2011, the Historic Preservation Board (HPB) approved a Certificate of Appropriateness and Class V Site Plan for an adaptive reuse project known as Swinton Social, located on the properties at 27-43 South Swinton Avenue and the provision of a twenty-six (26) space valet parking lot on the subject property at 104 SE 1st Avenue. At its meeting of November 20, 2013, the HPB approved a twenty-four month extension for the aforenoted approvals of Swinton Social, which are now valid until November 16, 2015. Both the approval and extension were conditioned on the acceptance and recordation of the following: 1. That a 5' dedication along SE 1st Avenue adjacent to the property be accepted prior to issuance of a building permit; and, 2. That a 2'6" dedication from both the east/west & north/south alleys (Block 70) adjacent to the property be accepted prior to issuance of the building permit. The existing right-of-way width for SE 1 st Avenue measures 40', whereas the required width is 60'; the required right-of-way width was recommended for reduction to 50' at the Development Services Management Group (DSMG) meeting of August 25, 2011. The existing right-of-way width for the east/west and north/south alley in Block 70 measure 15', whereas 20' are required; the required dedication measurement is half the balance of the needed right-of-way, which will be requested upon redevelopment of the adjacent parcels on the other side of the alley. The dedications are shown on the attached exhibits. The City Attorney has reviewed the Right-of-Way Deed for legal sufficiency and form, and has determined it to be acceptable. RECOMMENDATION By motion, accept the right-of-way dedication for the alleys and SE 1 st Avenue for the property located at 104 SE 1 st Avenue, Old School Square Historic Arts District. Prepared by: RETURN: City Attorney's Office 200 N.W. l st Avenue Delray Beach, Florida 33444 PCN# 12 -43- 4&.~i(P°64 ° 0-40 RIGHT-®F-WAS' DEED THIS INDENTURE made this 3 day of �, , 20 tj between �G tQkAX nw with a mailing address of . V• Aky e4u, ee-c& as party of the first part and CrrY OF DELRAY REACH, FLORIDA, a Florida municipal corporation with a mailing address of 100 N.W. 1.st Avenue,Delray Beach, Florida 33444, as party of the second part. WITNESSETH : That said party of the first part, for and in consideration of the mutual promises herein contained and other good and valuable consideration, does hereby grant, remise, release, quit claim and convey unto the parry of the second part, its successors and assigns, all right, title, interest, claim and demand which the party of the first part has in and to the following-described land, situate, lying and being in the County of Palm Beach, State of Florida,to-wit: (Legal Description) See Exhibit"A" attached hereto. This Deed is made for the purpose of giving and granting to the party of the second part, its successors and assigns, a right-of-way and easement in and to said lands for public highway, street, and public utility purposes and the maintenance thereof, is made, executed and delivered with the express understanding and condition that should the same ever be discontinued or abandoned as a public highway or street, the title to same shall thereupon revert to and revert in the party of the first part or assigns, except that the easement for public utility purposes shall remain until released. That this right-of-way shall be subject only to those easements, restrictions, and reservation of record. The party of the first part agrees to provide for the release of any and all mortgages or liens encuinbering this right-of-way. The party of the first part also agrees to erect no building or effect any other kind of construction or improvements upon the above-described property. Party of the first part does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever claimed by, through or under it,that it has good right and lawful authority to grant the above-described right-of-way and that the same is unencumbered. Where the context of this Right-of-Way Deed allows or perinits, the same shall include the successors or assigns of the parties. TO HAVE AND TO HOLD THE SAME, together with all and singular the appurtenances thereto belonging or in anywise incident or appertaining, and all the estate, right, title, interest, and claim whatsoever of the said party of the first part, in law or in equity to the only proper use, benefit, and behalf of the said party of the second part, its successors and assigns. IN WITNESS WHEREOF, said party of the first part has hereunto set their hand and seal the date first above written. Signed, sealed and delivered PARTY OF THE FIRST PART in the presence of M g LA (Name printed or typed) (Name printed or typed) . 2 . 0. d�x k2- gee-hv-,L3� J a f e,s C u r r i- (Address) (Naive printed or typed) STATE OF ! COUNTY OF A—)m 64—d- The foregoing instrument was acknowledged before me this �] day of 20A, by `� U - 00,1a-zQ who is b ly known to ine or has produced as identification.. Si of Notary Publi St c of Fl rida Y Ar` J WHITLEY s Nwv Commiss ion#EE 032057 Expires November 20,2014 Banded Tnra Troy F�nlnsurance&00-3857419 2 SIff TO 7 qJ�D�(: �(�N MAP" a [77. 6 o ' i'l m -10 --4- - i DESCRIPTION OF ADDITIONAL RIGHT-OF-WAY THE EAST 5 FEET OF LOT 11 BLOCK 70 AND THE WEST 2.5 FEET OF LOT 11 BLOCK 70 AND THE NORTH 2.5 FEET OF LOT 17 BLOCK 70 OF THE PLAT OF SUNDY AND CRGMERS SUBDIVISION OF BLOCK 70 AS RECORDED IN PLAT BOOK 8 PAGE 17 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA PARCEL CONTAINS 77540 SQUARE FEET IL b THIS IS NOT A SURVEY Not valid unless Renner, Burgess, Inc. sealed with embossed Authorization Numb.vr.58504 ®, 1 S,E.4th Ave., Suite 205 surveyor's sea! Delray Beach, FL 33483 i hereby certify at the SKETCH OF DESCRIPTION shown hereon Phone 561-243.4624 meets the ini u technical standards set forth in Chapter 61G17-6, Fax 243-4869 Florida ini tr t 1 v C e pursuant to Section 472.427, Florida Statute . Har P:L.S, No.5089' w MEMORANDUM W TO: Mayor and City Commissioners FROM: Planning and Zoning Department THROUGH: City Manager DATE: November 5, 2014 SUBJECT: AGENDA ITEM 8.H.-REGULAR COMMISSION MEETING OF DECEMBER 2,2014 ACCEPTANCE OF A RIGHT OF WAY/202 NORTH SWINTON AVENUE BACKGROUND At its meeting of October 1, 2014, the Historic Preservation Board (HPB) approved a Certificate of Appropriateness and Class V Site Plan for the adaptive reuse of the property located at 202 North Swinton Avenue. The approval was primarily for the change of use from single-family residential to office, and associated site improvements such as parking and landscaping. The approval was conditioned on the acceptance and recordation of a 2'-6" dedication from alley at the rear (west) of the property prior to site plan certification. The existing right-of-way width for the alley measures 15', whereas the required width is 20'; The required dedication measurement is half the balance of the needed right-of-way, which may be requested upon further redevelopment of the parcel on the other side of the alley. The dedication is shown on the attached exhibits. The City Attorney has reviewed the Right-of-Way Deed for legal sufficiency and form, and has determined it to be acceptable. RECOMMENDATION By motion, accept the right-of-way dedication for the alley to the rear of 202 North Swinton Avenue, Old School Square Historic Arts District. Prepared by: RETURN: City Attorney's Office 200 N.W. 1 st Avenue Delray Beach, Florida 33444 PIN # 12-43-46-17-49-058-0110 RIGHT-OF-WAY DEED THIS INDENTURE made this 7 day of October 2014, between Charlotte Danciu, with a mailing address of_202 N. Swinton Avenue, Delray Beach Fl 33444, as party of the first part and CITY OF DELRAY BEACH, FLORIDA, a Florida municipal corporation with a mailing address of 100 N.W. lst Avenue, Delray Beach, Florida 33444, as party of the second part. WITNESSETH: That said party of the first part, for and in consideration of the mutual promises herein contained and other good and valuable consideration, does hereby grant, remise, release, quit claim and convey unto the party of the second part, its successors and assigns, all right, title, interest, claim and demand which the party of the first part has in and to the following-described land, situate, lying and being in the County of Palm Beach, State of Florida, to-wit: See Exhibit "A" attached hereto. This Deed is trade for the purpose of giving and granting to the party of the second part, its successors and assigns, a right-of-way and easement in and to said lands for public highway, street, and public utility purposes and the maintenance thereof, and is made, executed and delivered with the express understanding and condition that should the same ever be discontinued or abandoned as a public highway or street, the title to same shall thereupon revert to and revest in the party of the first part or assigns, except that the easement for public utility purposes shall remain until released. That this right-of-way shall be subject only to those easements, restrictions, and reservation of record. The party of the first part agrees to provide for the release of any and all mortgages or liens encumbering this right-of-way. The party of the first part also agrees to erect no building or effect any other kind of construction or improvements upon the above-described property. Party of the first part does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever claimed by, through or � 1 ibNIN under it, that it has good right and lawful authority to grant the above-described right-of-way and that the same is unencumbered. Where the context of this Right-of-Way Deed allows or permits, the same shall include the successors or assigns of the parties. TO HAVE AND TO HOLD THE SAME, together with all and singular the appurtenances thereto belonging or in anywise incident or appertaining, and all the estate, right, title, interest, and claim whatsoever of the said party of the first part, in law or in equity to the only proper use, benefit, and behalf of the said party of the second part, its successors and assigns. IN WITNESS WHEREOF, said party of the first part has hereunto set their hand and seal the date first above written. Signed, sealed and delivered PAR Y Of THE FIRST PART,. in the presence of: ° r i i f( . - ♦..ti�,�. ����i�.i� '4_.,..: BST; � vVVV p` � : `_ "` ; _ ' Charlotte Danciu }r (Name printed or typed) (Name printed or typed) 1 202 N. Swinton Ave,Delray Beach 33444 ,r € (Address) (Name printed or typed STATE OF y COUNTY OF U e E a. The foregoing instrinnent was acknowledged before me this._ -.,_7 day of Y , 2014, by t"[ ._ii°.i ._... who .s personally knod to.,; ____ >ne or has produced as identification. Signature of Notary Public - State of Florida DOREEN J.RICHARDsoN 2 MY COMMON 0 EE 180061 z rr EXPIRES.April 2,2016 pf bonded?hruNobkyPubkUndurgters SKETCH DESCRIPTION EXHIBI T 'A" SHEET 1 OF 1 E� i w Q 15.Q' N.89 019'00"W 12.50P NOTES- THIS IS NOT A SURVEY W THE WEST LINE OF LOTS 11 AND o 0 12 IS ASSUMED TO BEAR N.O°00'0O'E N o v = CENTERLINE 0 Xs �m a ry b O Ww Ld DESCRIPTION.• " 0 o THE WEST 250 FEET OF LOTS 11 k AND 12, BLOCK 58, METCALF'S zp SUBDIVISION OF BLOCKS 50 AND = 58, TOWN OF DELRA Y, ACCORDING a TO THE PL T THEREOF AS RECORDED IN PLAT BOOK 10, PAGE Q J w N 47, PUBLIC RECORDS OF PALM Q N BEACH COUNTY, FLORIDA. ti Q 250 N.89 019'00"W PAUL D. ENGLE SURVEYOR & MAPPER N . 5708 DATE.• OCTOBER 24, 2014 2ND STREET O'BRIEN, SUITER & O'BRIEN, INC. (50' RIGHT OF WAY) CERTIFICA TE OF AUTHORIZA TION #L B353 SURVEYOR AND MAPPER IN RESPONSIBLE CHARGE PAUL D. ENGLE 955 N.W. 17TH AVENUE, SUITE K 1 ORDER NO. 14-53'7?W" DELRAY BEACH FLORIDA 33445 (561) 276-4501 (561) 732-3279 SKETCH OF DESCRIPTION EXHIBIT "A" SHEET I OF 1 N li I 15.0' N.89°19'00"W. 12.50 NOTES- THIS IS NOT A SURVEY THE WEST LINE OF LOTS 11 AND 12 IS ASSUMED TO BEAR N.0°DO'00'E o ~o = CENTERLINE O m °�- m � n o� w DESCRIPTION. o 0 o THE WEST 2.50 FEET OF LOTS 11 AND 12, BLOCK 58, METCALF'S z SUBDIVISION OF BLOCKS 50 AND 58, TOWN OF DELRA Y, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PL T BOOK 10, PAGE o J W N 47, PUBLIC RECORDS OF PALM J N BEACH COUNTY, FLORIDA. tiv W r 00 J Q 2.502 N89'19'00'W. PAUL D. ENGLE SURVEYOR & MAPPER N . 5708 DATE. OCTOBER 24, 2014 �_ 2N® STREET O'BRIEN SUITER & O'BRIEN, INC. (50' RIGHT OF WAY) CERTIFICA TE OF AUTHORIZA T1ON #LB353 SURVEYOR AND MAPPER IN RESPONSIBLE CHARGE• PAUL D ENGLE 955 N.W. 17TH A VENUE, SUITE K-1 ORDER NO. 14-53'RW" DELRAY BEACH FLORIDA 33445 (561) 275-4501 (561) 732-3279 w MEMORANDUM W TO: Mayor and City Commissioners FROM: Tracie Lutchmansingh, Assistant City Engineer Isaac Kovner, City Engineer Randal Krejcarek, Director of Environmental Services THROUGH: Terry Stewart, Interim City Manager DATE: October 30, 2014 SUBJECT: AGENDA ITEM 8.I.-REGULAR COMMISSION MEETING OF DECEMBER 2,2014 HOLD HARMLESS AGREEMENT/KH SANDCASTLES,LLC/ST.GEORGE BACKGROUND St. George is a proposed 38 unit townhouse development located on the east side of Federal Highway, north of George Bush Boulevard in Delray Beach. See attached location map for reference. Water service will be provided by a connection to an existing water main on Federal Highway which is in the State of Florida's jurisdiction. As a result, a permit from the Florida Department of Transportation (FDOT) is required (refer to Exhibit "A" for a copy of the permit). Since the City will be maintaining that part of the service within the FDOT right-of-way, FDOT requires that the City sign the permit application. The Hold Harmless Agreement provides the City with a one year warranty for all work completed within FDOT right-of-way by the Developer. DISCUSSION The item before Commission is to approve and authorize the Mayor to execute a Hold Harmless Agreement with KH Sandcastles, LLC (Developer) to install/construct utilities in the State Right-of- Way. TIMING OF THE REQUEST Approval of this agreement is required prior to issuance of a City permit for this project. RECOMMENDATION By motion, approve the Hold Harmless Agreement between the City and KH Sandcastles, LLC. NE t th St _ De 0 RT 1 �ch=200 ee Z j 2 L� a - a 3 LL, 2 o R NE 10th St i +, us h d CO a W Z St. George *D4O Location Map Oocumen�Path:S\Eng CADD\GIS\Projects\KrasnoffAerial_of_City mxtl �X�t�� r r• �„ RULE 14-46 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 710-010-85 UTILITY PEkMIT Occ!aano PERMIT NO.: SECTION NO.: 93090 STATE ROAD 5 COUNTY Palm Beach FDOT construction is proposed or underway. ❑ Yes No Financial Project ID: Is this work related to an approved Utility Work Schedule? ❑ Yes No If yes,Document Number: PERMITTEE: City of Delray Beach ADDRESS: 434 Swinton Avenue TELEPHONE NUMBER: (561)243-7336 CITYISTATEIZIP: Delray Beach, FL 33444 The above PERMITTEE requests permission from the State of Florida Department of Transportation,hereinafter called the FDOT,to construct, operate and maintain the following: Connect to existing 8"WM FROM: TO: Submitted for the PERMITTEE by: f Contact Information Name and Company Signature Date (Typed or Printed Legibly) AddresslTelephone/E-Mail(if applicable) James W. Mahannah, PE 949A Clint Moore Road f 1. The Permittee declares that prior to filing this application,the location of all existing utilities that it owns or has an interest in,both aerial and underground, are accurately shown on the plans and a letter of notification was mailed on see attached to the following utilities known to be involved or pote tiall Im acted in the area ofthe proposed jpstallafiom FP Al 1, Comcast, and Florida Public Utilities 2. The local Maintenance or Resident Engineer,hereafter referred to as the FDOT Engineer,shall be notified a minimum of forty eight(48)hours in advance prior to starting work and again immediately upon completion of work. The FDOT's Engineer is located at ,Telephone Number The Permittee's employee responsible for MOT is Telephone Number (This name may be provided at the time of the forty eight(48)hour advance-notice prior to starting work). 3. All work,materials,and equipment shall be subject to inspection and approval by the FDOT Engineer, 4. All plans and installations shall conform to the requirements ofthe FDOT's UAM in effect as ofthe date this permit is approved by FDOT,and shall be made apart of this permit. This provision shall not limit the authority of the FDOT under Paragraph 8 of this Permit. 5. This Permittee shall commence actual construction in good faith within days after issuance of permit,and shall be completed within days after the permitted work has begun. If the beginning date is more than sixty(60)days from the date of permit approval,the Permittee must review the permit with the FDOT Engineer to make sure no changes have occurred to the Transportation Facility that would affect the Permitted construction. 6. The construction and maintenance of such utility shall not interfere with the property and rights of a prior Permittee. 7. It is expressly stipulated that this permit is a license for permissive use only and that the placing of utilities upon public property pursuant to this permit shall not operate to create or vest any property right in said holder,except as provided in executed subordination and Railroad Utility Agreements. 8. Pursuant to Section 337.403,Florida Statutes,any utility placed upon,under,over,or along any public road or publicly owned rail corridor that is found by FDOT to be unreasonably interfering in any way with the convenient,safe,or continuous use,or maintenance,improvement,extension,or expansion,of such public road or publicly owned rail corridor shall,upon thirty(30)days written notice to the utility or its agent by FDOT,be removed or relocated by such utility at its own expense except as provided in Section 337,403(1),Florida Statutes,and except for reimbursement rights set forth in previously executed subordination and Railroad Utility Agreements, and shall apply to all successors and assigns for the permitted facility. 9. It is agreed that in the event the relocation of said utilities are scheduled to be done simultaneously with the FDOT's construction work,the Permittee will coordinate with the FDOT before proceeding and shall cooperate with the FDOT's contractor to arrange the sequence of work so as not to delay the work of the FDOT's contractor,defend any legal claims of the FDOT's contractor due to delays caused by the Permittee's failure to comply with the approved schedule,and shall comply with all provisions of the law and the FDOT's current UAM. The Permittee shall not be responsible for delay beyond its control. 10. In the case of non-compliance with the FDOT's requirements in effect as of the date this permit is approved,this permit is void and the facility wW have to be brought into compliance or removed from the RNV at no cost to the FDOT,except for reimbursement rights set forth in previously executed subordination and Railroad Utility Agreements. This provision shall not limit the authority ofthe FDOT under Paragraph 8 ofthis Permit. 11. It is understood and agreed that the rights and privileges herein set out are granted only to the extent ofthe State's right,title and interest in the land to be entered upon and used by the Permittee,and the Permittee will,at all times,and to the extent permitted by law,assume all risk of and indemnify,defend, and save harmless the State of Florida and the FDOT from and against any and all loss,damage,cost or expense arising in any manner on account of the exercise or attempted exercises by said Permittee ofthe aforesaid rights and privileges. 12. During construction,all safety regulations ofthe FDOT shall be observed and the Permittee must take measures,including placing and the display of safety devices that may be necessary in order to safely conduct the public through the project area in accordance with the Federal MUTCD,as amended by the UAM. 13. Should the Permittee be desirous of keeping its utilities in place and out of service,the Permittee,by execution of this permit acknowledges its present and continuing ownership of its utilities located between and within the FDOT's RIVV as set forth above. Whenever the Permittee removes its facilities, it shall be at the Permittee's sole cost and expense. The Permittee,at its sole expense,shall promptly remove said out of service utilities whenever the FDOT determines said removal is in the public interest. 14. In the event contaminated soil is encountered by the Permittee or anyone within the permitted construction limits,the Permittee shall immediately cease work and notify the FDOT. The FDOT shall notify the Perm itee of any suspension or revocation of the permit to allow contamination assessment and remediation. Said suspension or revocation shall remain in effect until otherwise notified by FDOT 15. For any excavation,construction,maintenance,or support activities performed by or on behalf ofthe FDOT,within its RIW,the Permittee may be requlred by the FDOT or its agents to perform the fallowing activities with respect to a Permittee's facilities:physically expose or direct exposure of underground facilities, provide any necessary support to facilities andlor cover,do-energize or alter aerial facilities as deemed necessary for protection and safety. Page 1 of 2 RULE 14-46 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 710-010-85 UTILITY PERMIT CGC 08 0 16. Pursuant to Section 337.401(2),Florida Statutes,the permit shall require the permit holder to be responsible for damage resulting from the issuance of the permit. The FDOT may initiate injunctive proceedings as provided in s.120.69 to enforce provisions of this subsection or any rule or order issued or entered into pursuantthereto. 17. Pursuant to Section 337.402, Florida Statutes,when any public road or publicly owned rail corridor is damaged or impaired in any way because of the installation,inspection,or repair of a utility located on such road or publicly owned rail corridor,the owner of the utility shall,at his or her own expense, restore the road or publicly owned rail corridor to its original condition before such damage. If the owner fails to make such restoration,the authority is authorized to do so and charge the cost thereof against the owner under the provisions of s,337.404. 18. The Permittee shall comply with all provisions of Chapter 556, Florida Statutes, Underground Facilities Damage Prevention and Safety Act. 19. Special FDOT instructions: It is understood and agreed that commencement by the Permittee is acknowledgment and acceptance of the binding nature of all the above listed permit conditions and special instructions. 20. By receipt of this permit,the Permittee acknowledges responsibility to comply with Section 119.07,Florida Statutes. 21. By the below signature,the Permittee hereby represents that no change to the FDOT's standard Utility Permit form,as incorporated by reference into Rule 14-46.001,for this Utility Permit has been made which has not been previously called to the attention of the FDOT(and signified to by checking the appropriate box below)by a separate attached written document showing all changes and the written and dated approval of the FDOT Engineer, Are there attachments reflecting changels to the standard form? []NO ❑YES If Yes, pages are attached. PERMITTEE Randal L. Krejcarek, PE, Dir.of Env.Services SIGNATURE DATE: Name&Title of Authorized Permittee or Agent (Typed or Printed Legibly) APPROVED BY: ISSUE DATE: District Maintenance Engineer or Designee UTILITY PERMIT FINAL INSPECTION CERTIFICATION DATE: DATE WORK STARTED: DATE WORK COMPLETED: INSPECTED BY: (Permittee or Agent) CHANGE APPROVED BY: DATE: District Maintenance Engineer or Designee I the undersigned Permitteedo hereby CERTIFYthatthe utility construction approved bythe above numbered permitwas inspected and installed in accordancewith the approved plans made a part of this permit and in accordance with the FDOT's current UAM. All plan changes have been approved by the FDOT's Engineer and are attached to this permit. I also certify that the work area has been left in as good or better condition than when the work was begun. PERMITTEE: SIGNATURE: DATE: Name&Title of Authorized Permittee or Agent 11--d or Printed Legibly) CC: District Permit Office Permittee Page 2 of 2 Prepared by: Return to: Environmental Services Department 434 S. Swinton Avenue Delray Beach,FL 33444 HOLD HARMLESS AGREEMENT FOR WORK PERFORMED WITHIN THE STATE RIGHT-OF-WAY THIS HOLD HARMLESS AGREEMENT, is entered into this day of , 201_ by and between the CITY OF DELRAY BEACH, FLORIDA, (hereinafter referred to as "CITY") and KH Sandcastles LLC, (hereinafter referred to as "DEVELOPER"). WITNESSETH: WHEREAS, DEVELOPER wishes to install/construct utilities in the right-of-way of the State of Florida; and WHEREAS, the CITY is required to sign the permit on behalf of the DEVELOPER to allow the installation/construction to take place in the State right-of-way; and WHEREAS,the CITY is required to indemnify and hold harmless the State for the work performed by DEVELOPER in the State right-of-way; and WHEREAS, this Agreement shall provide that DEVELOPER shall hold harmless and defend the CITY and the State for the work performed in the State right-of-way by the DEVELOPER, its contractor or agent. NOW, THEREFORE, for the mutual covenants and matters set forth herein, as of the date set forth above, the parties hereby agree as follows: 1. The recitations set forth above are incorporated herein. 2. DEVELOPER, in consideration of the payment of Ten Dollars ($10.00), receipt of which is hereby acknowledged, agrees to defend, indemnify, and hold harmless the CITY and the State, their agents, officers, employees and servants from any and all claims, suits, causes of action or any claim whatsoever made, and damages, including, but not limited to reasonable attorney's fees and costs at the trial and appellate levels, which may result from any activity conducted by DEVELOPER, its contractors or agents in relation to the work performed in the State right-of--way and as more particularly shown on the engineering plans submitted for the development known as St. George. 3. DEVELOPER warrants and guarantees to the CITY that all work on the utility improvement shall be constructed in accordance with the applicable codes of the City of Delray Beach and the State of Florida. The DEVELOPER'S warranty and guarantee shall remain in effect for one year from the date of final acceptance. Unremedied defects identified for correction during the warranty/guarantee period but remaining after its expiration shall be considered as part of the obligations of the guarantee and warranty. Defects in the installation or construction of the utility improvement, which are remedied as a result of obligations of the warranty/guarantee shall subject the remedied portion of the work to an extended warranty/guarantee period of one year after the defect has been remedied. DEVELOPER shall deliver this agreement to its Surety. The Surety shall be bound with and for the DEVELOPER in the DEVELOPER'S faithful observance of the guarantee. 2 4. DEVELOPER, shall supervise and direct the installation and construction of the utility improvement, applying such skills and expertise as may be necessary to perform the work in accordance with the approved engineering plans. DEVELOPER shall be solely responsible for the means, methods, techniques, sequences and procedures of the construction and installation of the utility improvement. 5. Any claims, lawsuits or disputes that may arise under this Agreement shall be governed by the Laws of Florida, with venue in Palm Beach County, Florida. 6. This Agreement constitutes the entire agreement and understanding of the parties, as it pertains to the construction or installation of the utility. There are no representations or understandings of any kind not set forth herein. Any amendments to this Agreement must be in writing and executed by both parties. 7. DEVELOPER or its contractor shall maintain worker's compensation insurance in an amount required by law and general liability insurance in the amount of one million dollars ($1,000,000.00) governing bodily injury and property damage in standard form, insuring CITY and the State as additional named insureds. DEVELOPER or its contractor shall provide this information to the CITY on a Certificate of Insurance, that is acceptable to the CITY, prior to commencing installation or construction. S. DEVELOPER shall be bound by all the terms and conditions found in the Utility Permit Agreement between the CITY and the State for this project and attached hereto as Exhibit "A" 9. This agreement shall not be valid unless signed by the City's Mayor and City Clerk. 3 IN WITNESS WHEREOF, the parties hereto have entered into this agreement the day and year first written above. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: By City Clerk Cary D. Glickstein, Mayor Approved as to Form: By: City Attorney WITNESSES DEVELOP KH San astle , L,�� f 75 m I Alex,Gomez , Managing Member Snn e<q ) (Print or Type Name) Address: 1390 S. Federal Highway (Print or Type Name) Suite 2213 Coral Gables, FL 33146 Phone: 561-251-0689 STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing a inst ent was acknowledged before me this � day of 4tA,, bY' , 200 j'by , : ( �zh i`— (name of officer or agent, title of officer or agent) of _ -s ., U-61 (name of corporation acknowledging), a — (state or place of incorporation) corporation., on behalf of the corporation. ,,He/She is personally _known to µ,mm or has produced (type of identification) as identification and did (did not) take an oath. Signature of Notary Public- State of Florida 4 r MEMORANDUM r TO: Mayor and City Commissioners FROM: Planning and Zoning Department THROUGH: Terry Stewart, Interim City Manager DATE: November 4, 2014 SUBJECT: AGENDA ITEM 8.1-REGULAR COMMISSION MEETING OF DECEMBER 2,2014 AMENDMENT TO THE LICENSE AGREEMENT/32 EAST RESTAURANT BACKGROUND On January 15, 2013, the City Commission approved a License Agreement to allow 32 East, a restaurant located at 32 East Atlantic Avenue, to utilize the space on the newly constructed second floor balcony,which encroaches into the right of way, for outdoor dining. On July 16, 2014, the City Commission approved an amendment to the agreement to revise the renewal timeframe from annually to every three years. Therefore,the current agreement is valid until 2017. The current request from the Property Owner is to amend this agreement to allow for an awning/canopy to be installed over the 2nd story dining area. A Certificate of Appropriateness for the awning was submitted for review and determined to be appropriate by staff.As a result, staff was able to approve the awning subject to the approval of the subject agreement. Under the terms of the agreement, as amended, the restaurant will indemnify the City against any lawsuits brought as a result of this canopy and will be required to remove the awning at the City's request. The major point terms of the original agreement in 2013, which remain with the subject revised agreement,the major point of which are as follows: . The annual fee shall be $5,000.00; . 32 East shall be required to pay the appropriate parking in-lieu of parking fee for one space; . 32 East may not sub-license the premises to another entity; . 32 East shall indemnify the City against any lawsuits brought as a result of this balcony; and, . If 32 East fails to pay or fails to abide by the terms of the Agreement, and if not cured, the Agreement will terminate. The original agreement, July 2014 revised agreement, and the subject revised agreement with relevant exhibits are attached. RECOMMENDATION Recommend approval of the revised agreement. AMENDMENT NO.2 TO TIRE LICENSE AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND BRIGHT HORIZONS INVESTMENT CORP.DKfED FEBRUARY 11,2013 THIS AMENDMENT NO. 2 to the License Agreement dated February 11, 2013, is entered into this,9 day of 2014, by and between the CITY OF DELRAY BEACH,a Florida municipal corporation("City") and BRIGHT HORIZONS INVESTMENT CORP.,a Florida corporation("Licensee"). WITNESSETH: WHEREAS, Licensee entered into a License Agreement with the City for the use of a portion of a structure that extends and encroaches into the air space over the public right of way for dining purposes; and WHEREAS, Licensee desires to amend the License Agreement to provide for the installation of an awning over the portion of the structure that is used for dining purposes that will also extend and encroach into the right of way. WHEREAS,the Parties acknowledge and agree that the License Agreement between the Parties dated February 11, 2014 and Amendment No. 1 dated July 16, 2014 (collectively the "Agreement") is in full force and effect and that this Amendment No. 2 merely supplements said License Agreement;and NOW, THEREFORE, in exchange for the mutual covenants and promises set forth herein,the Parties agree as follows: 1. That the recitations set forth above are hereby incorporated as if fully set forth herein. 2. Paragraph 2, "License Agreement — Licensed Premises", of the License Agreement shall hereby be amended to read as follows: 2. License Agreement—Licensed Premises. The CITY grants to LICENSEE permission for exclusive use of the publicly dedicated air space above the public right-of- way of the CITY and/or State as described in Exhibit "A" attached hereto and including the awning as described in Exhibit "B" attached hereto and made a part hereof (hereinafter referred to as the "Licensed Premises" or the "Subject Property"), for outdoor dining use and such other uses commercially customary and accessory with a restaurant use, during the term of this Agreement. The intention of the parties is to.create a license only. This Agreement confers to leasehold interest and should be construed by a court of competent jurisdiction to be a License Agreement only. By execution of this Agreement, LICENSEE shall not be subject to the City's Sidewalk Cafd Ordinance provisions as it relates to this use the public air rights. 3. All other terms and conditions of the License Agreement of February 11, 2013 and Amendment No. 1 dated July 16, 2414 not in conflict with this Amendment No. 2 shall remain in full force and effect and are incorporated herein. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 2 the day and year first above written. ATTEST:' CITY OF DELRAY BEACH,FLORIDA By: City Clerk Cary D. Glickstein,Mayor Approved as to Form: City Attorney WITNESSES: BRIGHT HORIZONS INVESTMENT CO Print Name: A t N /.. T Ti 2 Print Name: tajer ��', STATE OF FLORIDA COUNTY OF I q!I 'r �PaC The foregoing insWument was acknowledged before me this � 9 day of 0C� /` , 2014 by 1 l� ame of officer or agent, title of officer 11 or agent) of ' ' �D�/,Zler—of corporation acknowledging), a F!o r;&-g (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification)as identification. Signature of NoU6 Pu lic- State of Florida ' it ALEX PARUS MY COMMISSION#FF163097 4.001 E1�1R88:Septae)ta21.�111$ 3 USvaiao w•-Dvas Avvma 1sys ZE S11i0l.LdA01�i ism as .� • `_�wiiiG 1:' ;.IirYe'-': r• ° �[f�y� �=rt'sH° ACS � ii N■A oleo axl Ifty-Alfg-R, 4321 y= rwx so .uin oiurw,o. AM u tivar wa Y,1+ r.a •■h a ' B •YrYY •� a1 :a Y01.• •rwwar a f a■ •'1■ . M Y■IIY JrW Jl.• J D " O)Y 1' 1 Y�II+M k • • ■ " n u.� 2ua r � ■aa4 A " u m X o aw sr■e1 3d O mR {H o •v � aNlovna ois z N f g A 9 S y .IQ71'16 IS i 5 o y a�tiY Y■IWq ■'tea � _ F1 YaY•wu ala 17Y■ 1 Y Y�Y Y a Yale+7 • ■YhY••a+aY I I'H ■1 Y 1� ■✓Iw i n N I A E�" SAiOEb�A01�7LLN5rua1sa3 ZE S�� ZI�NNIIN.LSH�I 4 i O o O o 0 0 0 0 o 0 O 0O Jolt O 0 ter ' T L]-P � 6 lei7 ftft IP i s I d � F v3AY:)UM-LLd JSd3 LE x �� SNOLLIP'AON�,L�f1B.LS8�i � �i l� Z� O 0 U tr: L 31,13 MaD i o . � x 1 1 y l R 3Ad OUNVLti IM d du DMUJ,LWAd1NTW$ d,LSBtI O 'o I 0 i ° O o O0 oil F4 !� oil fill I e t � C � O � I a is z I a4 I � I o a3 � { d d � Cantilevered Standard Slope Style .Fabric Awning FOR SECOND FLOOR BALCONY DININGG TERRACE 7 co J Side View gip— F 32 East . . L0TK*° 2 E. Atlantic Ave. ,Soma Family Ownershlp Since 1859 °C "`O'Terrace Awning DATE en HORT17CONGRE88 "BftOn Day WAM UEUtAY BEACH,Fl.88M0 • �'61)Zi9b3E5 Cxh 6;f, ri�i� GM1V012-t/ F:'O1F adRW jry ArdM A YAMJN EWE2P Bgder.Cxp L r l� p 1\ Y� �s to � n j n� M i -ti,. C i r J Z M k. � a o g � e° —P m Q" i u Os c Un { O • K � d M / H N W ty I all 0 n• WHIMMIUM1,11 D fildly ��°3�aQ �� > a ng x�, �� ZO p.0 y �y OaA Oy21r�C §0) >I F ® 3E(oL Sq G~2 pJ E -O < >m gi-Na MM g Mu 0151 2 2 o °n 70 For: 32 East r D < DELRAY AWNING, INC. 32 E. Atlantic Ale. CP ° m E Delray each Fl. m mWim Q J%i(eCJ�� Y r m �� z 80 N, CUNGRESS AVENUE o DELRAY BEACH, FL 33445 m (561) 276-5381 I- m wraenwav �• I zsrcRrzvtow y d I °a I itl' F - . . r• i STfJRY UK" - i win LorE dOLRW Y.Otl I ff W WW I o� I nOQ 0o sE sr�vrrcE_� xx � n n o o�+ n o { ro o e 9 0 Rd As � a Y • I f I A �•d o b d O H IT all � g ram j C ! EXTERIOR AWNING - m� ` 32 EAST ATLANTIC AVE DELRAYBEACH.FLORIDA 6g m LICENSE AGREEMENT JNrl This License Agreement is made this day of , 2013 between the CITY OF DELRAY BEACH, a Florida municipal corporation (the CITY) and BRIGHT HORIZONS INVESTMENT CORP.,a Florida Corporation(the LICENSEE). WITNESSETH WHEREAS, LICENSEE is owner of real property located at 32 East Atlantic Avenue, Delray Beach, Florida, 33444, which property is currently operated as a restaurant use (the "Property");and WHEREAS, LICENSEE received approval to construct a concrete balcony/canopy structure (the"Balcony") adjacent and attached to LICENSEE's Property, as further depicted on Exhibit"A";and WHEREAS, a portion of the Balcony structure extends over LICENSEE's property line and into the public air space which comprises part of the CITY right of way, said encroachment occurring with the CITY's prior consent and subject to LICENSEE entering into a Canopy Hold Harmless Agreement, a copy of which is attached hereto as Exhibit"'B";and WHEREAS, LICENSEE received prior approval to use of the Balcony up to LICENSEE's property line for dining and other accessory business purposes without further approval required;and WHEREAS, LICENSEE desires to use that portion of the structure which extends and encroaches into the public air space over the public right of way for dining purposes;and WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to authorize the LICENSEE to use public air space over the public right of way for said purposes, subject to the terms and conditions set forth herein. NOW, THEREFORE, FOR THE MUTUAL COVENANTS AND MATTERS SET FORTH HEREIN, AS OF THE DATE SET FORTH ABOVE, THE PARTIES HEREBY AGREE AS FOLLOWS: 1. herein. Incorporation. The recitations set forth above are true, correct, incorporated 2. License Agreement - Licensed Premises. The CITY grants to LICENSEE permission for exclusive use of the publicly dedicated air space above the public right-of-way of the CITY and/or State as described in Exhibit "A" attached hereto and made a part hereof (hereinafter referred to as the "Licensed Premises"or the "Subject Property"), for outdoor dining use and such other uses commercially customary and accessory with a restaurant use, during the term of this Agreement. The intention of the parties is to create a license only. This Agreement confers no leasehold interest and should be construed by a court of competent jurisdiction to be a License Agreement only. By execution of this Agreement,LICENSEE shall not be subject to the City's Sidewalk Cafe Ordinance provisions as it relates to this use of the public air rights. 3. Term and Renewal. The tern of this Agreement shall be for one(1)year from the date approved by the CITY and shall be renewable annually by the LICENSEE by the City Manager under the terms further stated herein unless terminated as set forth in Paragraph 15. The CITY may decide to not renew this Agreement for any reason or no reason in its sole and absolute discretion. The CITY will endeavor to give LICENSEE notice of its decision to not renew. 4. License Fee. LICENSEE shall pay to CITY for the exclusive use of the Licensed Premises an annual fee in the amount of Five Thousand dollars ($5,000.00). The License Fee shall be paid by LICENSEE to CITY by no later than October 1 sc of each year for the following year. The License Fee shall be prorated accordingly during the first year of this Agreement. The License Fee may bq`increased annually in an amount not to_exceea rive percent 5%916fthe.prior CIT year's fee amount. Y shall provide LICENSEE with thirty (30) days' written notice of its intent to increase the License Fee the following year. If the License Fee is not received by the CITY within thirty(30) days after the due date, CITY shall provide a notice to LICENSEE that this Agreement is suspended until payment of the fee is received. Should LICENSEE fail to pay the License Fee within five (5)business days upon receipt of said notice,the CITY may elect to terminate this Agreement as set forth in Paragraph 15. In addition to the License Fee, LICENSEE shall also pay the appropriate in lieu parking fee as determined by the City's Planning and Zoning Director, which fee may be paid at the election of LICENSEE pursuant to the CITY's customary parking in lieu payment agreement, as may be amended from time to time. Use of the Licensed Premises by LICENSEE may not occur until the appropriate in lieu parking fee is paid to the CITY. In the event this License Agreement is terminated or not renewed by the CITY within five (5) years of the execution of this Agreement, 50% of the in-lieu fee shall be refunded back to LICENSEE. 5. Public Use. The City asserts that by entering into this Agreement with the LICENSEE for the exclusive use of the air space above public right-of-way at the Subject Property,there is no waiver or abandonment of the public right-of-way in any forn. 6. Notice. Notices required to be provided pursuant to this Agreement shall be sent via written correspondence sent via certified mail, return receipt requested, to the following addresses, To City: City Manager 100 N.W. 1st Avenue Delray Beach,Florida 33444 To LICENSEE: Bright Horizons Investment Corp. 32 East Atlantic Avenue Delray Beach,Florida 33444 2 Attn: Butch Johnson With Copy To: Jeffrey C.Lynne,Esq. Weiner,Lynne&Thompson,P.A. 10 S.E. I'`Avenue,Suite C Delray Beach,FL 33444 7. Third Parties. Nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Agreement upon any person other than the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns, nor is anything in this Agreement intended to relieve or discharge the obligation or liability of any third persons to any party to this Agreement, nor shall any provision thereof give any third person any right of subrogation or action over or against any parry to this Agreement. 8. Conditions of Use. LICENSEE shall maintain and keep in good and proper repair the Licensed Premises at its sole cost and expense,with no cost to the CITY. LICENSEE shall keep the Licensed Premises in a clean and orderly condition, free from defects. LICENSEE understands that any improvements made by the CITY to public utilities, road or sidewalk surface or any other improvements which require the Licensed Premises to be altered or damaged will result in no liability or cost to the CITY for such alteration or damage, and all costs for the repair or replacement of the Licensed Premises shall be at LICENSEE's sole cost and expense. In all events,the CITY shall use best efforts to mitigate any unnecessary alteration or damage to the Licensed Premises. Should the LICENSEE fail to repair and maintain the Licensed Premises as required herein, CITY shall provide LICENSEE with written notice thereof, specifically identifying the damage or defects requiring repair and/or maintenance. Should LICENSEE fail to timely repair and/or maintain the Licensed Premises as specified within thirty (30) days of LICENSEE's receipt of said notice, CITY may elect to undertake the repairs and/or maintenance at LICENSEE's sole expense, with such failure by LICENSEE to timely act also serving as grounds by which the CITY may elect to terminate this Agreement as set forth in Paragraph 15. Failure of the LICENSEE to make such payment to CITY shall also allow CITY to cause a special assessment lien to be placed on the Property. 9. Subject to Easements and Other Rights. Permission for the LICENSEE to use the Licensed Premises is subject to all other licenses, easements and rights of record and any and all other laws,rules and regulations governing the use of the Subject Property. 10. Indemnification. In consideration of the mutual covenants as set forth herein, LICENSEE for itself, its heirs, personal representatives, successors, and assigns agrees that it shall release, defend, indemnify and hold harmless the CITY and State of Florida,their officers, agents and employees for any and all liability,judgments, costs, damages and expenses which may accrue against, be charged to, or recovered against the CITY,the State, or the LICENSEE by any person, guest, invitee or any person or legal entity whatsoever as a result of LICENSEE's exclusive use of said Licensed Premises or construction thereof which shall include, but not be limited to,premises liability,property damage and personal injury. 3 11. Access to Licensed Premises. The CITY shall have access to the Licensed Premises at all times during LICENSEE's regular business hours. The LICENSEE agrees that none of its activities on the Licensed Premises will.obstruct or otherwise impede the public's use of the right of way of Atlantic Avenue. 12. Non-Disturbance. LICENSEE shall ensure that all of the operations which occur on the Licensed Premises are conducted in an orderly manner so as not to unreasonably annoy, disturb or to be offensive to residents or others in the immediate vicinity of the structure. 13. Insurance. LICENSEE shall purchase and maintain insurance providing liability coverage on the Licensed Premises during the term of this Agreement in a commercially reasonable amount acceptable to the CITY and shall name the CITY and State of Florida as additionally insured parties. 14. Work Pursuant to Codes. Any improvements made to the Licensed Premises shall be undertaken according to CITY specifications, pursuant to CITY ordinances, and shall meet applicable codes. 15. Termination by City In addition to the other grounds previously stated herein, the occurrence of any of the following shall also serve as ground by which the CITY may terminate this Agreement: (a) Institution of proceedings in voluntary bankruptcy by the LICENSEE. (b) Institution of proceedings in involuntary bankruptcy against the LICENSEE if such proceedings lead to adjudication of bankruptcy and the LICENSEE fails within ninety(90) days to have such adjudication reversed. (c) The building and licensed premises is no longer operated as the 32 East Restaurant. Upon termination of this Agreement, LICENSEE shall timely relocate the existing railing structure on the Balcony back to the point no further than the vertical plane of the property line, where there can be no further commercial use of the area beyond LICENSEE'S property line. LICENSEE shall take such action by no later than thirty (30) days of receipt from CITY of termination of this Agreement. If LICENSEE fails to timely remove and relocate the railing as set forth herein, the CITY shall provide a notice to LICENSEE of the CITY's intent to enter the Subject Property and remove the railing from the Licensed Premises, with all reasonable costs relating thereto to be paid by LICENSEE. Failure of the LICENSEE to make such payment to CITY shall allow CITY to cause a special assessment lien to be placed on the Property.. LICENSEE may not thereafter use any portion of the Balcony until the railing is re-installed at the property line as set forth herein and inspected and approved by CITY. 4 16. Default. Except where set forth specifically herein, upon thirty(30) days' notice of any default of any term or condition of this Agreement, the defaulting party shall cure such default. In the absence of such cure, in addition to any other legally available remedy, the non- defaulting party may terminate this Agreement. The CITY shall give reasonable notice to the LICENSEE of any default so that the LICENSEE may cure the default. 17. Compliance with Laws. LICENSEE shall comply with all applicable requirements of Federal and State laws and the CITY's Code of Ordinanms, as may be amended from time to time. 18. Modifications in Writin-. No modification to the License Agreement shall be effective,unless in writing and signed by both of the parties hereto. 19. Taxes. The Licensed Premises, being publicly dedicated to the CITY/State, is not otherwise subject to taxes. The CITY shall not be responsible for any ad valorem tax assessments, special assessments or liens imposed upon the Property and improvements located thereon during the term of this License, if any are applicable. LICENSEE shall pay any taxes, special assessments, or liens, including taxes for personal property improvements owned by the LICENSEE, should any be imposed. 20. Assignment. LICENSEE may not sub-license any portion of the Licensed Premises to any person or corporation or other entity without the prior written approval of the CITY, and any such sub-license or other arrangement shall be in writing and expressly be subject to all the terms and conditions of this License Agreement and shall conform to all applicable laws,ordinances,and regulations. 21: Entire Agreement. This Agreement constitutes the entire Agreement between the parties with respect to the subject matter hereof and supersedes all prior, verbal or written Agreements between the parties with respect thereto. 22. No Waiver. That no assent, express or implied, by the either party to any breach of this Agreement shall be deemed to be a waiver of any succeeding breach of the same or other covenants. 23. Jurisdiction. Any disputes between the LICENSEE and the CITY shall be governed by the laws of the State of Florida with venue in the County of Palm Beach. IN WITNESS WHEREOF,the parties hereto have caused this License Agreement to be executed as of the date first above written. ATTEST': \, CITY OF DEL :BEACH,FLO By:City Clerk THOMAS CY,MAYOR 5 Approved as to form and legal sufficiency. City Attorney LICENSEE: BRIGHT HORIZONS INVESTMENT CORP. By. L ( itne BARBARA S UB President (name pri ored) oyf L mess > i'o I . (name printed or typed) STATE OF FLORIDA COUNTY OF PALM BEACH I� The foregoing instrument was acknowledged before me this 'LAay of 2013 by s ' �� �f�1� (name of officer or agent, title of officer r agent) of BRIGHT HORIZONS INVESTMENT CORP., a Florida Corporation, on behalf of the corporation. She is personally known to me or has produced a)i l _ (type of-itientific tion) 'de tion and did (did not) take an oath. ignature of No ublic-State ROSE•CHAM M CALOERON of Florida Notary public.state of Fiorl a _,O�,�r �j .l M CA My Comm.Expires Nov 12.2013 r" Commission#EE 108623 Print, Type or Stamp Name of Notary Public b Ni4t l - ,�Sl�iOIZdA I+l$ti•�.11ld�ll�'.LSH� W gig ALM 4 It pal / waw NAj AwA!0:•DY ra71Y:i3LLYli.�. � NY►af. r•a Wniw •e. a rYVw vaY , +.a .a s. a Yn.. •..vx aaaa .•.. ,aya aa: wm..A • Y.l Ye• � • ° ai iY a y W a L m tl }m} J j n an ON1011t1d 0{S Z N .IffiVIB A!I ILS L O MY y� y� Cr•<`Il • Y Y ..y vv Yr aaYa ryY�,�� yy� u.+ a • ■y.s Yaa .a wa. Y.... M.. A 91 NA A V 3 { I N V 1 V t 5 V VVW rp m o VlSb- SMOirdno ntrassu .. � 7399 O o O' o 0 0 O p° O O o Oo O O l it r t � i fill! j � � CTI T , ••� � ! L[Tl � 1 C3 z I I d �d r 3AWKiya ZL sxor�vno I r;iTt4l • a �.� . . a ._.J.. ! � lyi 3AV=NV11V1SV3 J 7 d�RglJ 10M AYt18Q �'��s� ��; SI�iOE].d�1 �nd�uNa-uvlsv3z� i-SMIR a O 'o I 0 II 0 . 0 z 0 ° 4 fill 11 .� � �� yy e z � 0 4 I d d CANOPY HOLD HARMLESS AGREEMENT This Hold Harmless Agreement and General Release, is made this /4 day of !"`L , 2t)�� by and between the City of Delray Beach, Florida WD ("City") and 131216-47 Aj, riAas sT�rAFUuT Ch a mailing address of ,32- and hereinafter referred to as("Ownee'). WITNESSETH: WHEREAS, Owner, has requested approval to install a canopy on the structure located at 2 C•ATtAhT'c AVO Delray Beach, Florida in accordance with Exhibit "A" and pursuant to the requirements of the Land Development Regulations of the City of Delray Beach, Section 6.3.4;and, WHEREAS, the Land Development Regulations of the City of Delray Beach, Florida In Section 6.3.4 requires approval of the Chief Building Official through-approval of an applicable agreement with the City; and, WHEREAS, Owner agrees to abide by all the regulations governing canopies extending into the public right-of-way as contained within the ordinances of the City of Delray Beach. NOW, THEREFORE, FOR THE MUTUAL COVENANTS AND MATTERS SET FORTH HEREIN, AS OF THE DATE SET FORTH ABOVE, THE PARTIES HEREBY AGREE AS FOLLOWS: 1. The recitations set forty above are incorporated herein. 2. Owner acknowledges that the City shall assume no Ilability or responsibility for said land, structures, improvements, materials, appurtenances or the partial or complete destruction or removal of the same on the subject property. Exhibit "Ell 3. Nothing in this Agreement relieves Owner of any obligation imposed under the City's Land Development Regulations or Code of Ordinances. Owner is responsible for obtaining any and all permits required in connection with the construction/installation of the canopies and/or supports. 4. Owner shall construct/install the canopy In the location as shown on Exhibit"A". 5. Owner, on behalf of himself/herself, his/her successors, heirs, and assigns, acknowledge that the City shall assume no responsibility for the canopy which is being placed within the public right-of-way. S. Owner, his/her successors, heirs, and assigns, in consideration of the mutual promises contained herein and other good and valuable consideration, agree to hold harmless the City, its agents, officers, employees and servants from any damage to the canopy and other related Improvements which will be placed within the public right-of-way. It is understood that any cost for replacement of the canopy and other related improvements shall be Owner's, his/her successors, heirs and assigns responsibility and City will not be held liable for any damage as a part of any maintenance or construction within the said public right-of-Way. Owner, his/her successors, heirs, and assigns, in consideration of the mutual promises contained herein and other good and valuable consideration, agree to defend, indemnify and hold harmless the City, its agents, officers, employees and servants from any claim, lawsuit or action brought against the City as a result of the canopy being placed within the public right-of-way. 2 7. The City or its agent, contractor or representative shall be allowed to access the enclosed portion, if any, of the public right-of-way at any time. B. Owner shall remove the canopy from the public right-of-way within twenty (20) days of receiving notice from the City requesting removal. If Owner fails to remove the canopy', the City may remove the canopy and bill the Owner for the cost of such removal. The City, or its agents or contractors, shall not be responsible for any damage that may occur to the canopy during such removal. The City may request removal of the canopy for any reason and In its sole discretion. 9. Owner, his/her successors, heirs, and assigns, In consideration of the mutual promises contained herein and other good and valuable consideration, further agree to hold harmless, defend, or reimburse the City, for any damage that is caused to the City's public right-of--way as a result of the construction, maintenance or existence of the canopy located in the public right-of-way. 10. The Owner's placement of the canopy in the public right-of-way shall not in any way be construed as a constructive abandonment by the City. 11. This agreement shall not be valid unless signed by the City's Mayor and City Clerk. 12. This agreement constitutes the entire agreement between City and Owner 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. IN WITNESS WHEREOF, the parties hereto have entered into this agreement the day and year first written above. 3 ATTEST: CITY OF DELRAY BEAC FLORIDA sy:- - l )- By: t:2!:�4 City Clerk City Manager Approved as to form; City Attorney WITNESS: OWN Pt: &J- ay: �r- (name typed or handwritten) (name typed or handwritten), W NESS: BEAL L (name typed or handwritten) STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this , ILI day of 2001 by b (name-, officer or agent, title of office or agent), of _ Qe s n Qnr•:BPI s lJ-r y�r corporation acknowledging), a -FL.a2.t-�,A (state o corporation, on behalf of the corporation. He/She is known to ZqsM has produced dididid not take.an oath. (type 4cZ id es Pca on nti fication and Signature of Perso aking Acknowledgment 0- jWMMUMN WON NeterY POND-hots 0 FWdo WT"*NdW%WvAM MY Comae,tub"be 24.2014 Commisslon d'DO 140325 4 r� I I ;, MEA � � 7 I I I , U I S Ke � l 1 i r • Ie�e�Mies a o�wuK r�ae�er JAM PROPOSED FIRST FLOOR w•. r_e I CAM*" *o R11MN NM Umw FlkfIR1E no al enter TILE VW*Lb4T"•-NT GONG amok MApt4mm NEVI Q'VW ILL"WJM ftft RA LOO A• I r�' ��T•4`— - wwruRXE Tx V r.. "ATON WIPM®AR W i �•-7 NouF mmm e'•r gwtw P► Ri4i AL heYrpy rAinao i COC.1rER 1+ ; L ;•r ,- n •�Y t rie• W.W. e CO"G BUILDING DING SECTIOX Y '4 CERTIFICATE OF LIABILITY INSURANCE r DATE(MMIDDIYYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFO 12/31/2012 RMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy%—I must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s)- PRODUCER CONTACT Jodi Jordan The Beacon Group, Inc. PHONE (561)994-9994 6001 Broken Sound Pkwy. ,N.W. E-nnAll A/C No:( 561)997-7087 Suite 500 DRESS:ijordan@beacongroupinc.com Boca Raton INSURERS AFFORDING COVERAGE NAiC 0 FL 33487-2730 INSURED INSURERA:SeCUrity National Insurance Co. Avenue Bar & Grill, Inc.dba 32 East, DBA: INSURERB:Zenith Straub Mgmt Corp dba Tryst INSURER C. 32 East Atlantic Avenue INSURERD: lDelrnX Beach INSURER E: FL 33444 INSURER F: COVERAGES CERTIFICATE NUMSER:CL12123100673 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INS" L TYPE OF INSURANCE S R POLICY NUMBER P EyF (�IPOLIC EXP_ LIMITS -GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 X COMMERCIAL GENERAL LIABILITY MM—AGE TMENTED A CLAIMS-MADE FZ OCCUR ES1103926 00 /1/2013 P MI5C-S a occurrence) S 100,000 /1/2014 MED EXP(Any one person $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE S 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER; X POLICY PRO LOG PRODUCTS-COMPIOPAGG E 2,000,000 HAU1 OMOBILE LIABILITY S tPROPR INGLELIMIT 11000,000 A ANY AUTO RY(Per person) $ AUTOSED AOES�LEO TES1103926 0D /1/2013 /1/2014 NON-OWNED RY(Perecctitlenl) S ALL HIRED AUTOS X AUTOS AMAGE s $ UMBRELLA UAB OCCUR EXCE SS LIAR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTIONS WORKERS COMPENSATION 5 AND EMPLOYERS'LIABILITY H WC STATU- OTH- ANY PROPRIETORIPARTNERIEXECUTIVE YIN 071751902 - 32 East OFFICERIMEMBEREXCLUDED7 � NIA L EACH ACCIDENT S 100 000 B (Mandatory In NH) 071765302 - Tryst 1/20/201 N es,describe under .DISEASE-EA EMPLOYE S 500,000 DESCRIPTION OF OPERATIONS belay A Liquor. Liability LDIWA -POLICY LIMIT S 100 000 /1/2013 9reea� 2,000,000 ch Occurrence 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,H more space is required) City of Delray Beach is listed as Additional Insured on the General Liability and Liquor Policies. Locations: 32 East Atlantic Ave, Delray Beach, FL 33444 & 4 East Atlantic Ave, Delray Beach, FL 33444. GL includes coverage for outside cafe area. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Delray Beach ACCORDANCE WITH THE POLICY PROVISIONS. Its Successors and/or Assigns 100 NW 1st Street AUTHORIZED REPRESENTATIVE Delray Beach, FL 33444 R Rollins, Jr. , CPCU* .A.22�1.9 34 ACORD 25(2010105) I ©1988-2010 ACORD CORPORATION. All rights reserved. NR0251�n1nng�n1 TFw A!r1Rr1 namo�nrl I^_aru rnnl�fnrn.f marYc of Ar`AAf1 CERTIFICATE OF LIABILITY INSURANCE D 10DlYYYY) 1/30/3fl/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Jodi Jordan The Beacon Group, Inc. PHONE x (561)994-9994 FA1C Suite 500 (5617997-9087 6001 Broken Sound Pkwy. ,N.W. ADDRLESS• ]]ordan @ beacongroupine.con INSURERS AFFORDING COVERAGE NAIC A Boca .Raton FL 33487-2730 INSURER A:Security National Insurance Co. INSURED INSURER B:Zeni th Avenue Bar & Grill, Inc.dba 32 East, DBA: INSURERC: Straub Mgmt Corp dba Tryst INSURERD: 32 'East Atlantic Avenue INSURER E: Delray Beach FL 33444 INSURERF: COVERAGES CERTIFICATE NUMBER:CL12123100673 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN TYPE OF INSURANCE AoDI POLICY EFF POLICYEXP POLICY NUMBER MM/DDIYYYY M D LIMITS INSR Am GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES cwrrenca $ 100,000 A CLAIMS MADE X❑OCCUR SES1103926 DO /1/2013 11/2014 MEDEXP(Any one person) $ 5,000 PERSONAL&ADV INJURY S 1,000,000 GENERAL AGGREGATE S 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 X POLICY PRO- LDC S AUTOMOBILE LIABILITY COMBINED MINGLE LIMIT as ciden S 1 000 000 ANY AUTO A Ix ALL OWNED SCHEDULED BODILY INJURY(Per person) S AUTOS AUTOS 97103926 00 /1/2013 /1/2014 BODILY INJURY(Peraccident) S HIRED AUTOS X NON OWNED PROPERTY DAMAGE AUTOS S Per ac de S UMBRELLA LIAB OCCUR EACH OCCURRENCE S EXCESS LIAB CLAIMS-MADE AGGREGATE $ DEO RETENTIONS $ WORKERS COMPENSATION WCSTATU- OTH- AND EMPLOYERS'LIABILITY YIN X ANY PROPRIETOR/PARTNER/EXECUTIVE 071751902 — 32 East 'I TOR B OFFICERNAEMBER EXCLUDED? NIA E.L.EACH ACCIDENT 5 100,000 (Mandatory In NH) Z071765302 — Tryst 1/20/2012 1/20/2013 describe under E.L.DISEASE-EA EMPLOYE4 S 500,000 11 pes DMRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT 1$ 100,000 A Liquor Liability /1/2013 /1/2014 Aggregate 2,000,000 Each Occurrence 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space is required) State of Florida is listed as Additional Insured on the General Liability and Liquor Policies. Location: 32 East Atlantic Ave, Delray Beach, FL 33444 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN •State of Florida ACCORDANCE WITH THE POLICY PROVISIONS. 400 S. Monroe St Tallahassee, FL 32399 AUTHORIZED REPRESENTATIVE p R Rollins, Jr., CPCU* .47 2.4-5>'�4. ACORD 25(2010105) 81988-2010 ACORD CORPORATION. All rights reserved. INSn25oninnsini TI­ARr1Gf1 namo and lnnn era renle4ererl morira of Al"IrtOn AiVll=i: DIyfENIT NO. 'I TO LICE14SE AGREEMENT BETWEEN CITY OF DELRAY BEACH AND BRIGHT HORIZONS INVESTMENT CORP. DATED FEBRUARY 11, 20i3 THIS AMENDMIE14T NO. 1 to the License Agreement between City of Delray Beach and Bright Horizons Investment Corp. dated February 11, 2013 is entered into by and between the CITY OF DELRAY BEACH (Licensor) and BRIGHT HORIZONS . A- ... .. INVESTMENT CORP. (Licensee)on this �+�� day of J`°��- ; 2014. ,L WITNESSETH: WHEREAS, the parties desire to and agree to amend and modify the Agreement entered into on February 11, 2013 in order to provide an extension of time. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows: 1. Incorporation of Recitals. The parties hereby represent that the above recitals are hereby incorporated as if fully set forth herein. 2. The. term of the agreement is extended for a three (3) year period until February 11, 2017. 3. The parties desire to amend Section 3 of the License Agreement entered into February 11, 2013 as folliows: 3 Term and Renewal. The term of this Agreement shall be for n^° '�, ar three (3) years from the date approved by the CITY and shall be renewable thereafter as determined by the City Commission and the LICENSEE. y4he-GAy Mama•° URd F the }nrmn fuFtheF ..taie.d h.,.eiR unless 4. FFni.-...ted as set feith .w DaMagFaph 15.. The CITT may deGide to, renew this Agreement far any Fannon OF ne Fannon in its sole and absolute rlinnre+ien The CITY Will ende rj-� to give LIGEN€€ net'r.e of its dee-swen to not renew. 4. License Fee. LICENSEE shall pay to CITY for the exclusive use of the Licensed Premises an annual fee in the amount of Five Thousand Dollars ($5,000.00), The License Fee shall be paid by LICENSEE to CITY by no later than October Vt of each year for the following year. The License Fee shall be prorated accordingly during the first year of this Agreement. The Licensee Fee may be increased upon renewal areal! in an amount not to exceed five &rceRt-(5%) fifteen percent (15%) of the prior yeaf•'s fee amount. CITY shall provide LICENSEE with thirty (30) days' written notice of its intent to increase the License fee. the followi. year- If the License Fee is not received by the CITY within thirty (30) days after the due date, CITY shall provide a notice to LICENSEE that this Agreement is suspended until payment of the fee is received. Should LICENSEE fail to pay the License Fee within five (5) business days upon receipt of said notice. the CITY may elect to terminate this Agreement as set forth in Paragraph 15. In addition to the Licensee F-ee, LICENSEE shall also pay the appropriate in lieu parking fee as determined by the CITY'S Planning and Zoning Director, which fee may be paid at the election of LICENSEE pursuant to the CITY'S customary parking in lieu payment agreement, as may be amended from 2 time to time. Use of the Licensed Premises by LICENSEE may not occur until the appropriate in lieu parking fee is paid to the CITY. In the event this License Agreement is terminated or not renewed by the CITY within five (5) years of the execution of this Agreement, fifty percent (50%) of the in-lieu fee shall be refunded back to LICENSEE. 3. All other terms and conditions of the Lease Agreement of February 11. 2013 not in conflict with this Amendment No. 1 shall remain in full force and effect and are incorporated herein. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 the day and year first above written. CITY OF DELRAY BEACH, FLORIDA ATTEST By: City Clerk C4N,Glickstein, Mayor Approved as to form' By- City Attorney WITNESSES: BRIGHT HORIZONS INVESTMENT CORP., By.._ r Barbara Straub, President 3 w MEMORANDUM W TO: Mayor and City Commissioners FROM: Isaac Kovner, City Engineer Randal Krejcarek, Director of Environmental Services THROUGH: Terry Stewart, Interim City Manager DATE: October 9, 2014 SUBJECT: AGENDA ITEM 8.K.-REGULAR COMMISSION MEETING OF DECEMBER 2,2014 LANDSOUTH CONSTRUCTION/PROPOSED TRAFFIC PATTERN MODIFICATION DURING CONSTRUCTION BACKGROUND Uptown Delray is a mixed use development consisting of two buildings. The project location is between SE 4th Avenue and SE 5th Avenue (Federal Highway), north of SE 2nd Street, with an alley through the site, separating both buildings (Attachment A). LandSouth Construction is requesting to close the alley from SE 2nd Street, north 250 feet, to the corner of the property. This area is requested to be closed from January 5, 2015 through November 5, 2016 (Attachment B). The closure of the alley will minimize risk to the general public. LandSouth Construction will notify affected business owners in the immediate area of the alley closure and for setting up the required and approved Maintenance of Traffic. DISCUSSION The item before Commission is approval to close the alley between SE 4th Avenue and SE 5th Avenue north of SE 2nd Street(250 feet) from January 5, 2015 through November 5, 2016. TIMING OF THE REQUEST This item is time sensitive because the Contractor would like to begin work on January 5, 2015. RECOMMENDATION Through a motion, approve closure of the alley between SE 4th Avenue and SE 5th Avenue north of SE 2nd Street(250 feet) from January 5, 2015 through November 5, 2016. it � II J ; 1 E qrT E KEY P LAN- - �nA /� E SCALE,N.T.5, TO THE BEST OF ARCHITECTS KNOWLEDGE,THE PLANS AND SPECIFICATIONS COMPLY' THE APPLICABLE MINIHIIJ BUILDING CODES AND APPLICABLE FIRE SAFETY STANDARD DETERMINED BY THE LOCAL AUTHORITY IN ACCORDANCE WITH THE FBC AND CHAPTEF OF THE FLORIDA STATUES.THIS IS THRESHOLD BUILDING AS PER 553?7(7(OF THE FLORIDA STATUTES.THESE DRAWINGS,ALONG WITH ALL THE CONSULTANTS DRAWIN AND PROJECT MANUAL CONSTRUTE A SINGULAR CONTRACT DOCUMENT AND MUST BE TOGETHER IN THEIR ENTIRETY IN THE CONSTRUCTION OFTHIS PROJECT. 63I13/20116 16:4-0 561F3848534 KTC-CRANES&I.MT PACE 09/24 AIM Tw Y'q"imensions = 5 5ti6T.�aJiaJree�9es;5463J-q!06�N� a " T _ Basic BOOM 4Q ft 12: 4M Maximum.Boom Angle �� $ �recE�:S1io VOEdtlfi C>'$IM Afketimum height of live mast from ground Is W 11"(9.42m} 0 (6:9Brn} ® � 11:,4" {3.4Bm} 1 4'8.75" j7.3Jrr?} �.. 13'O.75, Notw**@ Me ilmvm tam angle pogyefth maximum.boom(240 ft{73.ISm}j,maximum.rowtiar radius o=urs- LFnti-ESOIt:CraneG 248HSL 3l 1312006 16:40 5616B48584 KTG-CRANF-S&IMT PAGE IW24 70WItwa �s.aag3}-Uip -tee Tai"ng Radius 15 5"(4.70m) - i! e b - 1 1 1'9.75'' o - �i 9'a.1'9"?(5.95m)Extended 14'4.19"(4,37m)Retracted 1$'8.a"f9,75m)Winded 13'H.5"(4.13m)Retracted 1712'(5:2;3m)EX%Mdect 141:4:5"(4-38m) !1--194 Er . i 1 43:81. . (1.1 tm) I. 11.72" 16.44" fQ.2$►t1) (0.42m) 9' or(2:774 +)Rptrsc�ted 2f�HSI: 'Llr*Bdf,C,��r� 'WORKING RANGE DIAGRAM So" LUFFING BOOM ANGLE — 360- LUFFING JIB. 2201 200` i.ep, 160' 140' 12(Y 100' 80' im. +3, 20, 0. 3oa' I 280 260' 260.. , 150' 45_ 140 240`. 134 240' 20 t00' 220' .- 3 so'` zw: gp, 150`LUFF 500M (MAXIMUM) 15, i80 = C � 140'LtjFf=BOOM a . m � 0 0- 1401 14(Y Z t E' i2a. 120'. a o a r 140' 120' 1901 8E}' EO ' (tiilNIMUMI 0•. 80, s0' . 40' 40' 2 I 220' .2W f So' 1W 14C 1-20' 100' 84' SO' 40 0 € Q mmt ng Radius ROTATION Natos; 1.. 9uam and jib geomc&y shown are unloaded condition and crane standing favei an fb311 slap�Nl�stil4ltCe. Tioara dermc0on,suboepumnt radius,and boom aa�gso change must bs.aecauniod for when ap g load Dn bookv 4 2. madmum and minimsm►.lufling Pb angles are equal to She values listed in the Capacity Chart for each boom Iength_ 3. Rater to the Capacity Charts for a1law8bl6 hOng boom and WON p e.Ombinatlona. L5--216H It 3-3 J2PD033 IS-218H. 11 Machine Working Weight Grow Option 'De-zp M weight Pressure �.(kg) psi( -'} Base h ie equipped;with 4cr.(12.2m):of tube boom,live mast,A auii %wdoit,7W;(2f3m)irard hoist 154.2134 I rope,OW(19ar4 rear hoist rope,'110-4on(99:6m¢hook bbck,77 gallons(291.4()df fuel,and {69 948) (0.69) 200 bs.190.7kq):operator. 2 Option 01 pius'Ir coEar3terweip.m")oird Ptridants„and 1W(5490 cvf boom extensiorts:to o0feirt 2W 191,437 11.93 (70.i m)of main bourn. ;66 834)- 10-SM S Option#F2 plus 75(2affim)of X mid 15-?tan(13.ernA fmok bafi-subbacr 40'(12:.i9m)a[boom extension 732.545 12-M ar3d mKlpWnt pendarAs m of chin ma&mm I +75(57.9+.22:sm).of:maiiiboom+jib. (87337) (O.es) Option#3 a&-.Machins e*pped vio Aff(12,2f4 of angla boom,five mast,`A''counlem*ht,700' 1154 353 9:66 4 (213m)-front host rope,6W(1913rrr}rear hoist'Mpe,110-t 199&no hook bkrck 77 galkms(291.4Q of (7.0.2” fuel;and 200 bs.(907!(cjj operator:, $ Oph6n:#14 pies'W cburltermolght atd.110'{33:54 of boor's exterisi to obtairr150`'(45 7ro.ol`min 183:5113 11:81 boon. {85:957) (o.s G. Optl°tt#5 plusW(18.&4 of fd)and f5 tun(l Grrxtl Crook Hall to obtain mar6rpum 15Q+:sEi'445, + 192 8(16 IZ02 18.34otfwtain boo F+jita: tB74ss1 ) Notes 1:1. Ground bearrtg pressure is:basml on the EotaFvvdW disdtmW evm*over ttm bra&contact am. 2. Total confarx area.for:36'(LISU):100k:sttoes is 16 3e iii?{1zT5 A7t+rr). -3-. L 5-27:BF l It - iF= ►': f 01st IL r. r- PROPOSED ALLEYWAY CLOSURE (250 FEET) ; MK It _ r w s K ( r'— /N N � l.. F- ( l Lh 0 z ot w 0 w z F- L) LU Z k: F- oil ,� m Ale SE 2nd St ` 0 25 50 100 Feet ALLEYWAY CLOSURE N W E LOCATION MAP Document Path:S:\EngCADD\GIS\Projects\Mickla\SOFA Area Road Closure.mxd w MEMORANDUM W TO: Mayor and City Commissioners FROM: Victor Majtenyi, Deputy Director of Public Utilities Randal Krejcarek, P.E., Director of Environmental Services Department THROUGH: Terry Stewart, Interim City Manager DATE: November 14, 2014 SUBJECT: AGENDA ITEM 8.L.-REGULAR COMMISSION MEETING OF DECEMBER 2,2014 ADVANCED APPROVAL FOR FY 2015 SPENDING GREATER THAN$25,000 WITH FERGUSON ENTERPRISES,INC. BACKGROUND Consider a recommendation for an expenditure limit not to exceed$180,000 for FY 2015 with Ferguson Enterprises, Inc. for parts related to water and wastewater utility operations, maintenance, and repair. Specialty parts used in utility related work on infrastructure within the Right-of-Way is limited to few vendors, one of which is Ferguson Enterprise, Inc. Parts are obtained by various divisions within the Environmental Services Department as well as other departments, with the majority made through the central warehouse. The central warehouse provides a continuous supply of parts for day to day operations with an inventory of commonly used pipes, fittings, valves, irrigation parts, and other miscellaneous materials and supplies used for various City repairs and maintenance needs throughout the fiscal year. Parts are used to repair leaking underground water services, water mains, sanitary sewer service laterals and mains, hydrant repairs and/or replacements, general utility repairs at the plant by in-house resources, and irrigation repairs. There are hundreds of parts, varying sizes and various materials (PVC, poly, stainless steel, copper, brass, etc.). Contingent on actual field requirements and to maintain crew production, demand for parts can be unpredictable as well as time sensitive. DISCUSSION Consider a recommendation for an expenditure limit not to exceed$180,000 for FY 2015 with Ferguson Enterprises, Inc. for the parts related to utility operations and maintenance, with the understanding that this is not a waiver of any provision of the City's Purchasing Ordinance code adopted in November 2013, and that when single acquisitions over $25,000 occur, they will be submitted for Commission approval under 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 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 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 and maintenance. FUNDING SOURCE Funding is available under the approved FY 2014 operating and capital budgets. RECOMMENDATION Through a motion, approve FY 2015 acquisitions for parts related to water and wastewater utility operations and maintenance from Ferguson Enterprises, Inc. in an amount not to exceed $180,000, and further finds that such acquisitions are in compliance with 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: Victor Majtenyi, Deputy Director of Public Utilities Randal Krejcarek, P.E., Director of Environmental Services Department THROUGH: Terry Stewart, Interim City Manager DATE: November 14, 2014 SUBJECT: AGENDA ITEM 8.M.-REGULAR COMMISSION MEETING OF DECEMBER 2,2014 ADVANCED APPROVAL FOR FY 2015 SPENDING GREATER THAN$25,000 WITH HD SUPPLY WATERWORKS BACKGROUND Consider a recommendation for an expenditure limit not to exceed $180,000 for FY 2015 with HD Supply Waterworks for parts related to water and wastewater utility operations, maintenance, and repair. Specialty parts used in utility related work on infrastructure within the Right-of-Way is limited to few vendors, one of which is HD Supply Waterworks. Parts are obtained by various divisions within the Environmental Services Department as well as other departments, with the majority made through the central warehouse. The central warehouse provides a continuous supply of parts for day to day operations with an inventory of commonly used pipes, fittings, valves, irrigation parts, and other miscellaneous materials and supplies used for various City repairs and maintenance needs throughout the fiscal year. Parts are used to repair leaking underground water services, water mains, sanitary sewer service laterals and mains, hydrant repairs and/or replacements, general utility repairs at the plant by in-house resources, and irrigation repairs. There are hundreds of parts, varying sizes and various materials (PVC, poly, stainless steel, copper, brass, etc.). Contingent on actual field requirements and to maintain crew production, demand for parts can be unpredictable as well as time sensitive. DISCUSSION Consider a recommendation for an expenditure limit not to exceed $180,000 for FY 2015 with HD Supply Waterworks for the parts related to utility operations and maintenance, with the understanding that this is not a waiver of any provision of the City's Purchasing Ordinance 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, 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 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 and maintenance. FUNDING SOURCE Funding is available under the approved FY 2014 operating and capital budgets. RECOMMENDATION Through a motion, approve FY 2015 acquisitions for parts related to water and wastewater utility operations and maintenance from HD Supply Waterworks in an amount not to exceed $180,000, and further finds that such acquisitions are in compliance with 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: Randal Krejcarek, Director Environmental Services Department Isaac Kovner, City Engineer THROUGH: Terry Stewart, Interim City Manager DATE: November 12, 2014 SUBJECT: AGENDA ITEM 8.N.-REGULAR COMMISSION MEETING OF DECEMBER 2,2014 AMENDMENT NO.2 TO INTERLOCAL AGREEMENT/CRA/FUNDING CONSTRUCTION PROFESSIONAL SERVICES BACKGROUND At its meeting of September 26, 2013, the CRA Board approved the annual Interlocal Agreement (ILA) between the City and the CRA for funding of projects for Fiscal Year 2013/2014. The Agreement was subsequently approved and executed by the City on October 1, 2013. Exhibit"A" of the Agreement lists the projects included in the City's Capital Improvement Program (CIP) that are to receive CRA funding, and the corresponding amount. On June 12, 2014, the CRA Board approved Amendment No. 1 to the ILA to include additional funding to complete the tree grate replacement along Atlantic Avenue ($15,222), and to reduce or eliminate funding for several projects as award of the associated construction contracts will not occur until Fiscal Year 2015. At the CRA Board's August 28th meeting, the board approved a revised Amendment No. 1 to the ILA for FY 13-14 reducing the funds identified for Item `T' from $150,000 to $1,050 to account for survey services related to Cannery Row Park(City Project Number 2014-018). This project will be funded and managed by the CRA. The proposed Amendment No. 2 will further modify the amount of funding for the projects listed in Exhibit "A" to reflect the actual amount of funding provided by the CRA for the projects at the end of FY 2013-14 and close out the fiscal year. The amendment is being processed in conjunction with the CRA's final Budget Amendment for FY 2013-14, which is scheduled for the November 20th CRA Board meeting. FINANCIAL DEPARTMENT REVIEW Finance Department recommends approval. DISCUSSION the item before City Commission is approval of Amendment #2 to the Interlocal Agreement between the City of Delray Beach and Delray Beach Community Redevelopment Agency for Funding Construction/Professional Services FY 2013-2014. TIMING OF THE REQUEST The Budget approval process for FY14/15 is quickly approaching; therefore, timing of this request is of high importance. RECOMMENDATION By Motion, approve Amendment No. 2 to the Interlocal Agreement between the City of Delray Beach and the CRA finalizing and accounting relating to funding of Construction/Professional Services for Fiscal Year 2013/2014. AMENDMENT NUMBER TWO TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY FOR FUNDING CONSTRUCTION/PROFESSIONAL SERVICES FY 2013-2014 THIS AMENDMENT NUMBER TWO TO THE INTERLOCAL AGREEMENT FOR FUNDING OF CONSTRUCTION/PROFESSIONAL SERVICES is made this day of , 2014, by and between the CITY OF DELRAY BEACH, a Florida municipal corporation, (hereinafter referred to as "CITY"), and the DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, a public body corporate and politic, duly created and operated pursuant to Chapter 163, Florida Statutes (hereinafter referred to as the "CRA"). WITNESSETH : WHEREAS, the CITY and the CRA entered into an Interlocal Agreement for the Funding of Construction/Professional Services for FY 2013-2014, on October 1, 2013 (the "Original Agreement"), which provided for funding for construction and professional services for projects within the Community Redevelopment Area; and WHEREAS, on October 7, 2014, the CRA and the CITY entered into the First Amendment to the Original Agreement in order to amend Exhibit "A" to the Original Agreement, to delete Item T. City Project Number 2014-018 (Cannery Row Park) from the Agreement; and to reflect the reduction of the amount of funding or elimination of funding provided by the CRA in FY 2013-14 for the projects listed in Exhibit "A" to the Original Agreement, in conjunction with the CRA's Budget Amendment No. 1 for FY 2013-14, with the understanding that funding for the construction of the projects will be provided in FY 2014-15, subject to the availability of funds, and annual budgeting and appropriation by the CRA (the "First Amendment"). WHEREAS, the CITY and the CRA desire to further amend Exhibit "A" to the Original Agreement, as previously amended by the First Amendment, to reflect the actual amount of funding provided by the CRA for the projects listed in Exhibit "A" at the end of FY 2013-14 in conjunction with the CRA's final Budget Amendment for FY 2013-14. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows: 1. The recitations set forth above are hereby incorporated herein. 2. The CITY and the CRA desire to further amend Exhibit "A" to the Original Agreement, as previously amended by the First Amendment, to reflect the actual amount of funding provided by the CRA at the end of FY 2013-14 for the projects listed in Exhibit "A" in conjunction with the CRA's final Budget Amendment for FY 2013-14. 3. Exhibit "A" to the Original Agreement is hereby amended as provided in Exhibit "A", which is attached to this Second Amendment, and incorporated herein by reference. 4. All other terms and conditions of the Original Agreement, as amended by the First Amendment, not in conflict with this Second Amendment shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed on the day and year first above written. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Cary D. Glickstein, Mayor Approved as to Form: City Attorney ATTEST: DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY By: Diane Colonna, Executive Director Herman Stevens, Chair H:\ GOV CLIENTS\DBCRA 655\060018 DBCRA\AGMT 2013\Second Amendment to ILA - Construction Professional Services Funding FY-12-13.docm 2 (SEAL) STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of 2014, by , as (name of officer or agent, title of officer or agent), of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification. Notary Public— State of Florida 3 EXHIBIT "A" Fiscal Year 2013-2014 Projects City Project Name Amount of CRA Project # Funding A 2010-041 NW 12th Ave—Atlantic to MLK $ X98,080.08 57,117.00 B 2014-002 Block 8 Alley (South of W Atlantic Ave - SW 1 01 /1 1 1h Aves) $ 16,100.00 C 2014-023 SW 1 01 /91 Ave Improvements $ 34,550.00 DI 2014-007 E Atlantic Ave Median Stud $ 39,999.990 E 2014-008 Parking Study Implementation (E. Atlantic Ave Crosswalk $ 59;99G-9G Upgrades) 41,964.00 FL Parking Study Implementation Projects $ X98,080.080 G 2011-024 NE 3r St/Ave Streetscape & Alley Improvements $ i65,000.00 160,456.00 H 2012-051 Swinton & Atlantic Intersection $ i59,999.98 3,011.00 1 2012-042 NE 1St Avenue Streetscape Improvements — NE 1s1St/NE 2n St $ 520,000.00 J L 2013-001 Block 117 Parking Garage Design/SE 6 1h Ave $ 7-50,098-080 KL 2011-009 Block 32 Alley $ 488,590.080 L 2014-052 Merritt Park Renovations $ 50,000. 23,300.00 MI 2013-015 Osceola Park Alleys Phase 2 $ 17-5,000.000 NL 2014-006 Sidewalks — CRA District $ 98,589-990 O 2014-024 SW 2n Terrace Reconstruction $ 12,514.00 P 2014-018 Cannery Row Park $ 1,050.00 Q 2011-017 Fire Head uarters Public Plaza $ 490.00 4 w MEMORANDUM W TO: Mayor and City Commissioners FROM: Suzanne Davis, CPRP - Director Parks &Recreation THROUGH: Terry Stewart, Interim City Manager DATE: November 14, 2014 SUBJECT: AGENDA ITEM 8.0.-REGULAR COMMISSION MEETING OF DECEMBER 2,2014 ANNUAL PERFORMANCE BONUS/JCD SPORTS GROUP,INC. BACKGROUND As per our contracts with JCD Sports Group for golf and tennis operations, they could receive up to 15% of the annual base fee for meeting annual performance measures as approved by City Commission. Performance measures are weighted by points with 100 point total and the ability to receive an additional 25 bonus points for special projects such as hurricane clean-up and other actions. Attached is the performance fee request received from JCD Sports Group for FY13-14 with point totals they feel should be assigned for each performance measure in the following amounts: JCD Sports Group Staff Recommendations Delray Beach Golf Club $9,601.20 $9,601.20 Lakeview Golf Club $2,632.50 $2,632.50 Tennis Operations $5,012.55 $5,012.55 Staff concurs with the calculations and this request. DISCUSSION City Commission is being requested to consider a performance fee to JCD Sports Group for FYI 3-14. OPERATING COST Funding is available in account 445-4711-572-34.90 ($15,000) for Delray Beach Golf Club, 446-4711- 572-34.90 ($3,000) for the Lakeview Golf Club and 001-4215-575-34.90 ($6,000) for Tennis Operations. TIMING OF THE REQUEST This is time sensitive due to the contract payment schedule. FUNDING SOURCE Funding is available from 445-4711-572-34.90 (Delray Beach Municipal Golf Course Fund: Other Contractual Service), 446-4711-572-34.90 (Lakeview Golf Course: Other Contractual Service) and 001- 4215-575-34.90 (General Fund: Operating Expenses-Miscellaneous/Other Contractual Service). RECOMMENDATION Staff recommends motion to approve the performance fee to JCD Sports Group for golf and tennis operations as recommended by staff for FYI 3-14. O O � so O O Lo LLC) a i0 a Y3 m 0 r- ti o C E C} cA ur N d h CO w N `� CD ¢ fA 6949 V# d }. 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T � � c�iir cLi � u � o � yam -V O ❑ ❑ LL U ° ¢ '2 E2OJ E Q Q CL a- QF- w MEMORANDUM W TO: Mayor and City Commissioners FROM: Environmental Services Department Randal Krejcarek, P.E., Director of Environmental Services Department Isaac Kovner, P.E., City Engineer THROUGH: Terry Stewart, Interim City Manager DATE: October 31, 2014 SUBJECT: AGENDA ITEM 8.P.-REGULAR COMMISSION MEETING OF DECEMBER 2,2014 RESOLUTION NO.60-14 LFA AGREEMENT/FDOT/VENETIAN AND GLEASON SIGNAL BACKGROUND City Commission approval to execute the Locally Funded Agreement (LFA) with the Florida Department of Transportation (FDOT) for the installation of Trombone Style Mast-Arm at the intersections of East Atlantic Avenue at Venetian Drive and Gleason Street (Project No. 14-077 and 14- 078). FDOT requires a resolution (Resolution No. 60-14, Attachment A) authorizing the Mayor to execute the LFA (Attachment B) on behalf of the City. The LFA addresses the cost differential between the standard mast arm (Palm Beach County standard mono-pole cantilever style) and the City's standard "trombone style" (matching Atlantic Avenue corridor) in the amount of$247,865.40. Per the attached Interlocal Agreement, funding will be provided by the Community Redevelopment Agency(CRA). The existing trombone mast arm signals at the Intersections of East Atlantic Avenue at Venetian Drive and Gleason Street (Attachment C) were removed earlier this year due to deterioration. FDOT has moved forward with the design of the new trombone mast arm signals. Current FDOT standard mast arms do not match the trombone mast arm signal that currently exist along the Atlantic Avenue Corridor. In order to provide aesthetic continuity, the City requested that trombone mast arm signals be installed at both intersections. FINANCIAL DEPARTMENT REVIEW Finance recommends approval. DISCUSSION The item before the City Commission is adoption of Resolution No. 60-14; and consider approval to execute the Locally Funded Agreement (LFA) with the Florida Department of Transportation (FDOT) in the amount of$247,865.40 for the installation of trombone style mast arm upgrades at the intersections of East Atlantic Avenue at Venetian Drive and Gleason Street (Project No. 14-077 and 14- 078). OPERATING COST Funding shall be provided by the Community Redevelopment Agency per the attached CRA/City Interlocal Agreement (Attachment D) for Funding Construction/Professional Services FY 2014-2015: $247,865.40 is available from account#334-3162-541-68.99 (General Capital Improvement Funds). TIMING OF THE REQUEST The approval of this item is of high importance and is required to initiate the timely construction of the FDOT project. FUNDING SOURCE Funding is available from 334-3162-541-68.99 (General Construction Fund: Other Improvement/East Atlantic Gleason/Venetian Signal). RECOMMENDATION Through a motion, adopt Resolution No. 60-14; and consider approval to execute the Locally Funded Agreement (LFA) with the Florida Department of Transportation (FDOT) in the amount of$247,865.40 for the installation of trombone style mast arm upgrades at the intersections of East Atlantic Avenue at Venetian Drive and Gleason Street(Project No. 14-077 and 14-078). RESOLUTION NO. 60-14 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING THE LOCALLY FUNDED AGREEMENT FOR THE CONSTRUCTION AND FUNDING OF TROMBONE MAST ARM TRAFFIC SIGNAL ASSEMBLIES ALONG ATLANTIC AVENUE AT THE INTERSECTIONS OF VENETIAN DRIVE AND GLEASON STREET AND AUTHORIZING THE EXECUTION OF THE AGREEMENT. WHEREAS, THE City of Delray Beach, Florida desires to approve the Locally Funded Agreement for the construction and funding trombone mast arm traffic signal assemblies along Atlantic avenue at the intersections of Venetian Drive and Gleason Street and authorizing the execution of the agreement.;and WHEREAS, the City Commission authorizes the execution of the Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitals set forth above are incorporated as if fully set forth herein. Section 2. The City Commission of the City of Delray Beach authorizes the entry into the Locally Funded Agreement between the City and the Florida Department of Transportation and authorizes the execution thereof. PASSED AND ADOPTED in regular session on this the_day of 12014. MAYOR ATTEST: City Clerk FM No: 435299-1-52-02 FEID No:VF-596-000-308 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCALLY FUNDED AGREEMENT THIS Locally Funded Agreement ("Agreement"), entered into this day of 20 , by and between the State of Florida Department of Transportation hereinafter called the DEPARTMENT, and the City of Delray Beach located at 100 N.W. 1St Avenue, Delray Beach, FL 33444, hereinafter called the PARTICIPANT. WITNESSETH WHEREAS, the DEPARTMENT and the PARTICIPANT are desirous of having the DEPARTMENT make certain aesthetic improvements in connection with the DEPARTMENT's Traffic Signalization Push-Button Project for Palm Beach County, Florida (Financial Management (FM) Number 435299-1-52-02, Funded in Fiscal Year 2014/2015); and WHEREAS, the PARTICIPANT is providing the DEPARTMENT with payment for the cost of installing and painting a total of six trombone mast arm traffic signal assemblies along SR806/Atlantic Avenue at the intersections of Venetian Drive and Gleason Street, as set forth in Exhibit A attached hereto and made a part hereof and hereinafter referred to as the Project; and WHEREAS, the improvements are in the interest of both the PARTICIPANT and the DEPARTMENT and it would be more practical, expeditious, and economical for the DEPARTMENT to perform such activities; and WHEREAS, the PARTICIPANT by Resolution No. adopted on , 20_, a copy of which is attached hereto and made a part hereof, authorizes the proper officials to enter into this Agreement. NOW, THEREFORE, in consideration of the mutual benefits to be derived from joint participation on the Project, the parties agree to the following: 1. The recitals set forth above are true and correct and are deemed incorporated herein. 2. The DEPARTMENT shall be responsible for assuring that the Project complies with all applicable Federal, State and Local laws, rules, regulations, guidelines and standards. 3. The PARTICIPANT agrees to make all previous studies, maps, drawings, surveys and other data and information pertaining to the Project available to the DEPARTMENT at no extra cost. 4. The PARTICIPANT is responsible for 100% of the Project costs. The total cost for the Project is estimated to be TWO HUNDRED FORTY SEVEN THOUSAND EIGHT HUNDRED SIXTY FIVE DOLLARS AND FORTY CENTS ($247,865.40). The PARTICIPANT shall pay for the total amount estimated at TWO HUNDRED FORTY Page 1 SEVEN THOUSAND EIGHT HUNDRED SIXTY FIVE DOLLARS AND FORTY CENTS ($247,865.40), which sum shall be paid to the DEPARTMENT. In the event the actual cost of the Project results in a decrease to the PARTICIPANT's share, the difference shall be refunded to the PARTICIPANT. In the event the actual cost of the Project results in a sum greater than that paid by the PARTICIPANT, then such sum shall be the sole responsibility of the PARTICIPANT and shall be paid to the DEPARTMENT. The PARTICIPANT agrees that it will, within thirty(30) days of execution of this Agreement, furnish the DEPARTMENT with a check in the amount of TWO HUNDRED FORTY SEVEN THOUSAND EIGHT HUNDRED SIXTY FIVE DOLLARS AND FORTY CENTS ($247,865.40) towards the Project Costs. In the event payment is not received by the DEPARTMENT within thirty (30) days of execution of this Agreement, this Agreement will be terminated and the painted trombone mast arm traffic signal assemblies will not be installed. Remittance shall be made payable to the Department of Financial Services, Revenue Processing. Payment shall be clearly marked to indicate that it is to be applied to FM No. 435299-1-52-02. The DEPARTMENT shall utilize this amount towards costs of Project No. 435299-1-52-02. Payment shall be mailed to: Florida Department of Transportation Professional Services Unit- Attention: Leos A. Kennedy, Jr. 3400 W. Commercial Boulevard Fort Lauderdale, Florida 33309-3421 A. If the Project costs are in excess of the advance deposit, the PARTICIPANT will provide an additional deposit within fourteen (14) calendar days of notification from the DEPARTMENT. The DEPARTMENT will notify the PARTICIPANT as soon as it becomes apparent the Project costs are in excess of the advance deposit amount; however, failure of the DEPARTMENT to so notify the PARTICIPANT shall not relieve the PARTICIPANT from its obligation to pay for its full participation. If the PARTICIPANT cannot provide the additional deposit within fourteen (14) calendar days, a letter must be submitted to and approved by the DEPARTMENT's Project Manager indicating the date the deposit will be made and the DEPARTMENT's written consent to the payment of the additional deposit on said date. The PARTICIPANT understands the request and approval of the additional time could delay the Project, and additional costs at the PARTICPANT's expense may be incurred due to delay of the Project. In the event of non-payment, the DEPARTMENT reserves the right to terminate this Agreement. B. Should Project modifications occur that increase the PARTICIPANT's cost for the Project, the PARTICIPANT will be notified by the DEPARTMENT. The PARTICIPANT agrees to provide, without delay, in advance of the additional work being performed, adequate funds to ensure that cash on deposit with the Page 2 DEPARTMENT is sufficient to fully fund the cost of the Project. The DEPARTMENT shall notify the PARTICIPANT as soon as it becomes apparent the actual cost will exceed the PARTICIPANT's payment. However, failure of the DEPARTMENT to so notify the PARTICIPANT shall not relieve the PARTICIPANT from its obligation to pay for its full participation. Funds due from the PARTICIPANT, for the Project, not paid within forty (40) calendar days from the date of the invoice are subject to an interest charge at a rate established pursuant to Section 55.03, F.S.. In the event of non-payment, the DEPARTMENT reserves the right to terminate this Agreement. C. The DEPARTMENT intends to have its final and complete accounting of all costs incurred in connection with the work performed hereunder within three hundred sixty (360) days of final payment to the Contractor. The DEPARTMENT considers the Project complete when the final payment has been made to the Contractor, not when the construction work is complete. All Project cost records and accounts shall be subject to audit by a representative of the PARTICIPANT for a period of three (3) years after final close out of the Project. The PARTICIPANT will be notified of the final cost. Both parties agree that in the event the final accounting of total Project costs pursuant to the terms of this Agreement is less than the total deposits to date, a refund of the excess will be made by the DEPARTMENT to the PARTICIPANT. If the final accounting is not performed within three hundred sixty (360) days, the PARTICIPANT is not relieved from its obligation to pay. D. In the event the final accounting of total Project costs indicate that the Project costs are greater than the total deposits to date, the PARTICIPANT will pay the additional amount within forty (40) calendar days from the date of the invoice from the DEPARTMENT. The PARTICIPANT agrees to pay interest at a rate as established pursuant to Section 55.03, F.S., on any invoice not paid within forty (40) calendar days until the invoice is paid. E. Payments of funds under this Agreement will be sent directly to the Department of Financial Services, Division of Treasury for deposit as provided in the attached 3 Party Escrow Agreement between the PARTICIPANT, the DEPARTMENT and the State of Florida, Department of Financial Services, Division of Treasury, a copy of which is attached hereto and made a part hereof as Exhibit B. 5. In the event it becomes necessary for either party to institute suit for the enforcement of the provisions of this Agreement, each party shall be responsible to pay their own attorney fees and court costs. Venue with respect to any such litigation shall be in Broward County. 6. Should the DEPARTMENT and the PARTICIPANT decide to proceed with subsequent phases of the Project, the Agreement may be amended to identify the respective responsibilities and the financial arrangements between the parties. Page 3 7. Upon completion of the Project, the PARTICIPANT shall be responsible for the maintenance of the painted mast arms. The PARTICIPANT will comply with the provisions set forth in the Maintenance Memorandum of Agreement (MOA) which is attached hereto and made a part hereof as Exhibit C. The PARTICIPANT shall agree to maintain the Project in accordance with the terms of Exhibit C. The terms of this paragraph shall survive the termination of this Agreement. 8. This Agreement and any interest herein shall not be assigned, transferred or otherwise encumbered by the PARTICIPANT under any circumstances without the prior written consent of the DEPARTMENT. However, this Agreement shall run to the DEPARTMENT and its successors. 9. Except as otherwise set forth herein, this Agreement shall continue in effect and be binding to both the PARTICIPANT and the DEPARTMENT until the Project is completed as evidenced by the written acceptance of the DEPARTMENT, or June 30, 2016 whichever occurs first. 10. The PARTICIPANT warrants that it has not employed or obtained any company or person, other than bona fide employees of the PARTICIPANT, to solicit or secure this Agreement, and it has not paid or agreed to pay any company, corporation, individual or firm, other than a bona fide employee employed by the PARTICIPANT. For breach or violation of this provision, the DEPARTMENT shall have the right to terminate the Agreement without liability. 11. The PARTICIPANT /Vendor/ Contractor: (A) shall utilize the U.S. Department of Homeland Security's E-verify system to verify the employment eligibility of all new employees hired by the PARTICIPANT / Vendor/Contractor during the term of the contract; and (B) shall expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. 12. This Agreement is governed by and construed in accordance with the laws of the State of Florida. 13. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein, and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representation or agreements whether oral or written. It is further agreed that no modification, amendment, or alteration in the terms and conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. Page 4 14. Any or all notices (except invoices) given or required under this Agreement shall be in writing and either personally delivered with receipt acknowledged or sent by certified mail, return receipt requested. All notices delivered shall be sent to the following addresses: If to the DEPARTMENT: Florida Department of Transportation - District Four 3400 West Commercial Blvd. Fort Lauderdale, Florida 33309-3421 Attn: Leos A. Kennedy, Jr. With a copy to: Jose Guerrero A second copy to: Office of the General Counsel If to the PARTICIPANT: City of Delray Beach 434 S. Swinton Avenue Delray Beach, Florida 33444 Attn: Isaac Kovner, P.E. City Engineer With a copy to: City Attorney IN WITNESS WHEREOF, this Agreement is to be executed by the parties below for the purposes specified herein. Authorization has been given to enter into and execute this Agreement by Resolution No. hereto attached. STATE OF FLORIDA CITY OF DELRAY BEACH DEPARTMENT OF TRANSPORTATION BY: BY: NAME: COURTNEY DRUMMOND, P.E. TITLE: DIRECTOR OF TRANSPORTATION OPERATIONS ATTEST: LEGAL REVIEW: BY: CITY CLERK (SEAL) OFFICE OF THE GENERAL COUNSEL APPROVED: APPROVED: BY: BY: CITY ATTORNEY DISTRICT PROGRAM MANAGEMENT ENGINEER Page 5 EXHIBIT A SCOPE OF SERVICES FM# 435299-1 -52-02 The installation of six trombone mast arm traffic signal assemblies at two intersections that shall be painted Bronze, per the PARTICIPANT's request. The PARTICIPANT and the DEPARTMENT engineer shall approve the paint chips supplied by the contractor prior to the procurement of the mast arm. The PARTICIPANT shall be responsible for the maintenance of the paint system after the work is completed. Page 6 THREE PARTY ESCROW AGREEMENT THIS AGREEMENT is made and entered into by and between the State of Florida, Department of Transportation ("FDOT"), ("Participant"), and the State of Florida, Department of Financial Services, Division of Treasury ("Escrow Agent"), and shall become effective upon the Agreement's execution by Escrow Agent. WHEREAS, FDOT and Participant are engaged in the following project ("Project"): Project Name: DEPARTMENT's Traffic Signalization Push-Button Project: cost of installing and painting a total of six trombone mast arm traffic signal assemblies along SR806/Atlantic Avenue at the intersections of Venetian Drive and Gleason Street Project #: 435299-1-52-02 County: Palm Beach WHEREAS, FDOT and Participant desire to establish an escrow account for the project. NOW THEREFORE, in consideration of the premises and the covenants contained herein, the parties agree to the following: 1. An initial deposit will be made into an interest bearing escrow account established hereunder for the purposes of the Project. The escrow account will be opened with the Escrow Agent on behalf of FDOT upon Escrow Agent's receipt and execution of this Agreement. 2. Other deposits to the escrow account may be made during the life of this agreement. 3. Deposits will be delivered in accordance with instructions provided by the Escrow Agent to the FDOT for deposit into the escrow account. A wire transfer or ACH deposit is the preferred method of payment and should be used whenever possible. 4. FDOT's Comptroller or designee shall be the sole signatory on the escrow account with the Escrow Agent and shall have sole authority to authorize withdrawals from the account. Withdrawals will only be made to FDOT or the Participant in accordance with the instructions provided to the Escrow Agent by FDOT's Comptroller or designee. 5. Moneys in the escrow account will be invested in accordance with section 17.61, Florida Statutes. The Escrow Agent will invest the moneys expeditiously. Income is only earned on the moneys while invested. There is no guaranteed rate of return. Investments in the escrow account will be assessed a fee in accordance with Section 17.61(4)(b), Florida Statutes. All income of the investments shall accrue to the escrow account. 6. Unless instructed otherwise by FDOT, all interest accumulated in the escrow account shall remain in the account for the purposes of the Project. Page 7 7. The Escrow Agent agrees to provide written confirmation of receipt of funds to FDOT. FDOT agrees to provide a copy of such written confirmation to Participant upon request. 8. The Escrow Agent further agrees to provide quarterly reports to FDOT concerning the escrow account. FDOT agrees to provide a copy of such quarterly reports to Participant upon request. 9. The Escrow Agent shall not be liable for any error of judgment or for any act done or omitted by it in good faith, or for anything which it may in good faith do or refrain from doing in connection herewith. 10. Escrow Agent shall have no liability for any claim, cost, expense, damage or loss due to the acts or omissions of FDOT and Participant, nor from any separate agreements between FDOT and Participant and shall have no responsibility to monitor or enforce any responsibilities herein or in any separate agreements associated with this Agreement between FDOT and Participant. 11. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Florida. 12. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 13. This Agreement shall terminate upon disbursement by the Escrow Agent of all money held by it in the escrow account in accordance with the instructions given by FDOT's Comptroller or designee and notification from FDOT to Escrow Agent that the account is to be closed. The remainder of this page is blank. Page 8 IN WITNESS WHEREOF, the parties have duly executed the Agreement on the date(s) below. For FDOT (signature) For PARTICIPANT (signature) Name and Title Name 59-3024028 Federal Employer I.D. Number Title F-596-000-308-007 Date Federal Employer I.D. Number Date For Escrow Agent (signature) Name and Title Date Page 9 EXHIBIT C MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE CITY OF DELRAY BEACH Page 10 SECTION NO.: 93030 FM No.(s): 435299-1-52-01 FM No.(s): 435299-1-52-02 COUNTY: Palm Beach S.R. No.: 806/Atlantic Avenue FLORIDA DEPARTMENT OF TRANSPORTATION - DISTRICT FOUR MAINTENANCE MEMORANDUM OF AGREEMENT This AGREEMENT, made and entered into this day of 2014, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a component agency of the State of Florida, hereinafter called the DEPARTMENT, and City of Delray Beach, a municipal corporation existing under the Laws of Florida, hereinafter called the AGENCY. WITNESSETH: WHEREAS, the DEPARTMENT has jurisdiction over State Road 806/Atlantic Ave; and WHEREAS, the DEPARTMENT seeks to install and have maintained by the AGENCY certain highway improvements; and WHEREAS, as part of the continual updating of the State of Florida Highway System, the DEPARTMENT, for the purpose of safety, protection of the investment and other reasons, has constructed and does maintain State Road 806/Atlantic Ave (within the limits of the AGENCY); and WHEREAS, it is the intent of the AGENCY and the DEPARTMENT that the AGENCY shall maintain the color coated painted trombone mast arm assemblies (includes upright pole and arm) within the project limits under Project Number(s) 435299-1-52-01 and 435299-1-52- 02 along State Road 806/Atlantic Ave between Mile Post (M.P.) 8.957 to M.P. 9.040; and WHEREAS, the Project involves the scope of work as described within Exhibit A (Project Location and Description) and Exhibit B (Signalization Plans), which will benefit the AGENCY; and WHEREAS, the AGENCY has agreed to enter into a Local Funded Agreement (LFA) to fund the costs differential to install a trombone mast arm assembly and paint, to be executed concurrently with this AGREEMENT as indicated in Exhibit A (Project Location and Description) and Exhibit B (Signalization Plans); and WHEREAS, the AGENCY has no objection to this project, as indicated in Exhibit C (City of Delray Beach Commitment Letter); and WHEREAS, Palm Beach County (the maintaining signal agency), has no objection to this project as indicated in Exhibit D (Palm Beach County Acknowledgement Letter); and WHEREAS, the parties hereto mutually recognize the need for entering into an AGREEMENT designation and setting forth the responsibilities of each party; and WHEREAS, the AGENCY by Resolution No. dated 20 , attached hereto and by this reference made a part hereof, desires to enter into this Page 1 of 31 AGREEMENT and authorizes its officers to do so; NOW THEREFORE, for and in consideration of the mutual benefits to flow each to the other, the parties covenant and agree as follows: 1. The recitals set forth above are true and correct and are deemed incorporated herein. 2. INSTALLATION OF FACILITIES The DEPARTMENT has issued Project Number(s) 435299-1-52-01 and 435299-1-52-02 to install color coated painted trombone mast arm assemblies (includes upright pole and arm) along State Road 806/Atlantic Ave between M.P 8.957 to M.P. 9.040 as detailed in Exhibit A (Project Location and Description) and Exhibit B (Signalization Plans), that will benefit the AGENCY. 3. MAINTENANCE OF FACILITIES A. The AGENCY agrees to maintain the improvements as provided herein. Maintenance by the AGENCY will include repair, restoration, and general maintenance of the color coated painted trombone mast arm assemblies (includes upright pole and arm) within the project limits. Non-standard items are defined as items requested by the AGENCY that are not defined in the DEPARTMENT'S Design Standards. This includes all color coated painted trombone mast arm assemblies (includes upright pole and arm) installed along State Road 806/Atlantic Ave within the project limits as referenced in Exhibit A (Project Location and Description). 1) The AGENCY shall be solely responsible for the maintenance and preservation of all color coated painted trombone mast arm assemblies (includes upright pole and arm) within the project limits. The AGENCY shall inspect the painted color coatings on a yearly basis. All Maintenance or restoration activities shall be performed in accordance with a Maintenance Plan, as approved by the DEPARTMENT, as per the requirements in Exhibit E (Maintenance Plan Requirements). 2) The above named functions to be performed by the AGENCY may be subject to periodic inspections by the DEPARTMENT at the discretion of the DEPARTMENT. Such inspection findings will be shared with the AGENCY and shall be the basis of all decisions regarding, reworking or AGREEMENT termination. The AGENCY shall not change or deviate from the AGENCY's approved Maintenance Plan as referenced in Exhibit E (Maintenance Plan Requirements) without written approval from the DEPARTMENT. 3) The AGENCY shall be solely responsible for any damages to surrounding property, real estate, vehicles, pedestrians, attachments to the light poles, or other assets occurring as a result of maintaining the painted color coating operations and shall repair such damage to the satisfaction of the DEPARTMENT at no expense to the DEPARTMENT. B. It is understood and agreed by the parties that upon "final acceptance" (as that term is described in the Standard Specifications for Roadway and Bridge Construction, as amended by contract documents section 5-11) by the DEPARTMENT of the Project and Notice thereof to the AGENCY, the AGENCY shall be responsible for maintenance of the Project in accordance with the following Federally and State accepted standards (current editions at the time of execution of this AGREEMENT Page 2 of 31 and any amendments hereafter) and all costs related thereto: (a) FDOT Plans Preparation Manual (PPM), (b) Florida Green Book, (c) Standard Specifications for Roadway and Bridge Construction, as amended, (d) FDOT Design Standards and (e) Manual on Uniform Traffic Control Devices (MUTCD). 1) The AGENCY shall be responsible for only the improvements as referenced in Exhibit A (Project Location and Description) immediately after final acceptance of the construction project by the DEPARTMENT. The improvements under this Project are subject to a Warranty Period per DEPARTMENT Specifications Section 649 or as modified. Said Warranty will be transferred and assigned to the AGENCY upon final acceptance of the Project. C. The above named functions to be performed by the AGENCY may be subject to periodic inspections by the DEPARTMENT at the discretion of the DEPARTMENT. Such inspection findings will be shared with the AGENCY and shall be the basis of all decisions regarding, repayment, reworking or AGREEMENT termination. D. Any work impacting traffic flow on State Road 806/Atlantic Ave must be coordinated with the DEPARTMENT. Lane closures must be submitted for approval in accordance with DEPARTMENT procedures and policies and will meet the goals established in the DEPARTMENT's Open Roads Policy. The DEPARTMENT will not unreasonably withhold consent for work performed by the AGENCY. 4. NOTICE OF MAINTENANCE DEFICIENCIES A. If, at any time while the terms of this AGREEMENT are in effect, it shall come to the attention of the DEPARTMENT that the AGENCY's responsibility as established herein or a part thereof is not being properly accomplished pursuant to the terms of this AGREEMENT, the DEPARTMENT may issue a written notice, that a deficiency or deficiencies exist(s), by sending a certified letter to the AGENCY, in care of the CITY OF DELRAY BEACH ENGINEER, to place the AGENCY on notice regarding its maintenance deficiencies. Thereafter, the AGENCY shall have a period of sixty (60) days within which to correct the citied deficiency or deficiencies. If said deficiencies are not corrected within the time period, the DEPARTMENT may, at its option, proceed under one or more or a combination of the following items: 1) The DEPARTMENT may repair any item or a number of items. Corrective actions will be performed with the DEPARTMENT and/or its independent contractor's materials, equipment and personnel. The actual cost for such work will be charged to the AGENCY. 2) If the AGENCY does not maintain the color coated painted trombone mast arm assemblies (includes upright pole and arm), the DEPARTMENT may remove all the color coated painted trombone mast arm assemblies (includes upright pole and arm) and repair any damaged galvanizing with DEPARTMENT and/or its independent contractor's materials, equipment and personnel. The actual cost for such work will be charged to the AGENCY. 3) The DEPARTMENT may remove or replace any item or number of items with the standard DEPARTMENT item. Corrective actions will be performed with the DEPARTMENT and/or its independent contractor's materials, equipment and personnel. The actual cost for such work will be charged to the AGENCY. 4) At the discretion of the DEPARTMENT, terminate the AGREEMENT in accordance with Paragraph 7 of this AGREEMENT and remove, by the DEPARTMENT or its Contractor's personnel, all of the improvements installed Page 3 of 31 under this AGREEMENT and charge the AGENCY the reasonable cost of such removal. 5. FUTURE DEPARTMENT IMPROVEMENTS It is understood between the parties hereto that the improvements covered by this AGREEMENT may be removed, relocated or adjusted at any time in the future as determined to be necessary by the DEPARTMENT in order that the adjacent state road be widened, altered or otherwise changed to meet with future criteria or planning of the DEPARTMENT. 6. FUTURE AGENCY IMPROVEMENTS The AGENCY may construct additional improvements within the limits of the rights of ways identified as a result of this document, subject to the following conditions: A. Plans for any new improvements shall be subject to approval by the DEPARTMENT. The AGENCY shall not change or deviate from said plans without written approval by the DEPARTMENT. B. The AGENCY shall procure a permit and/ or Construction Agreement from the DEPARTMENT, as appropriate. C. All improvements shall be developed and implemented in accordance with appropriate state safety and roadway design standards. D. The AGENCY agrees to comply with the requirements of this AGREEMENT with regard to any additional improvements installed at no cost to the DEPARTMENT. E. If the DEPARTMENT performs work on the color coated painted trombone mast arm assemblies (includes upright pole and arm) installed as part of this project and causes damage to the painted color coatings, said painted color coatings on the affected color coated painted trombone mast arm assemblies (includes upright pole and arm) will be restored by the DEPARTMENT. 7. AGREEMENT TERMINATION This AGREEMENT may be terminated under any one (1) of the following conditions: A. By the DEPARTMENT, if the AGENCY fails to perform its duties under this AGREEMENT, following ten (10) days written notice. The AGENCY shall reimburse the DEPARTMENT for any expenditures for the installation of said improvements and the cost to remove and or replace said improvement with the standard improvement or remove in its entirety. B. By the DEPARTMENT, for refusal by the AGENCY to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the AGENCY in conjunction with this AGREEMENT. C. Only if mutually agreed to by both parties with a six (6) month written notice. 8. AGREEMENT TERM The term of this AGREEMENT commences upon execution by all parties. The term of this AGREEMENT shall remain in effect for Fifty (50) years. 9. LIABILITY AND INSURANCE REQUIREMENTS A. With respect to any of the AGENCY'S agents, consultants, sub-consultants, contractors, and/or sub-contractors, such party in any contract for the improvements shall agree to indemnify, defend, save and hold harmless the DEPARTMENT from all claims, demands, liabilities, and suits of any nature arising out of, because of or due to any intentional and/or negligent act or occurrence, omission or commission of Page 4 of 31 such agents, consultants, sub consultants, contractors and/or subcontractors. The AGENCY shall provide to the DEPARTMENT written evidence of the foregoing upon the request of the DEPARTMENT. It is specifically understood and agreed that this indemnification clause does not cover or indemnify the DEPARTMENT for its own negligence. B. In the event that AGENCY contracts with a third party to provide the services set forth herein, any contract with such third party shall include the following provisions: 1) AGENCY'S contractor shall at all times during the term of this AGREEMENT keep and maintain in full force and effect, at contractor's sole cost and expense, Comprehensive General Liability with minimum limits of $1,000,000.00 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability and Worker's Compensation insurance with minimum limits of $500,000.00 per Liability. Coverage must be afforded on a form no more restrictive that the latest edition of the Comprehensive General Liability and Worker's Compensation policy without restrictive endorsements, as filed by the Insurance Services Office and shall name the DEPARTMENT as an additional insured. 2) AGENCY'S contractor shall furnish AGENCY with Certificates of Insurance of Endorsements evidencing the insurance coverages specified herein prior to the beginning performance of work under this AGREEMENT. 3) Coverage is not to cease and is to remain in full force and effect (subject to cancellation notice) until all performance required of AGENCY'S contractor is completed. All policies must be endorsed to provide the DEPARTMENT with at least thirty (30) days notice of cancellation and or/or restriction. If any of the insurance coverages will expire prior to the completion of work, copies of renewal policies shall be furnished at least (30) days prior to the date of expiration. 10. E-VERIFY REQUIREMENTS The AGENCY shall A. Utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the AGENCY for the work performed under this AGREEMENT; and B. Expressly require any contractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E- Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. 11. This writing embodies the entire AGREEMENT and understanding between the parties hereto and there are no other Agreements and understanding, oral or written, with reference to the subject matter (painting of mast arms) hereof that are not merged herein and superseded hereby except the Landscape Memorandum of Agreement(s) signed between the parties, as amended, as to all other improvements not specifically mentioned in this AGREEMENT. 12. The DEPARTMENT, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The DEPARTMENT shall require a statement from the Comptroller of the DEPARTMENT that funds are available prior to entering Page 5 of 31 into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one (1) year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the DEPARTMENT which are for an amount in excess of TWENTY FIVE THOUSAND DOLLARS ($25,000.00) and which have a term for a period of more than one year. 13. DISPUTES The DEPARTMENT'S District Secretary shall decide all questions, difficulties and disputes of any nature whatsoever that may arise under or by reason of this AGREEMENT, the prosecution or fulfillment of the service hereunder and the character, quality, amount and value thereof; and his decision upon all claims, questions and disputes shall be final and conclusive upon the parties hereto. 14. ASSIGNMENT This AGREEMENT may not be assigned or transferred by the AGENCY in whole or part without the consent of the DEPARTMENT. 15. LAWS GOVERNING This AGREEMENT shall be governed by and construed in accordance with the laws of the State of Florida. In the event of a conflict between any portion of the contract and Florida law, the laws of Florida shall prevail. The AGENCY agrees to waive forum and venue and the DEPARTMENT shall determine the forum and venue in which any dispute under this AGREEMENT is decided. 16. NOTICES Any and all notices given or required under this AGREEMENT shall be in writing and either personally delivered with receipt acknowledgement or sent by certified mail, return receipt requested. All notices shall be sent to the following addresses. If to the DEPARTMENT: If to the AGENCY: State of Florida Department of Transportation City of Delray Beach 3400 West Commercial Blvd 434 South Swinton Avenue Ft. Lauderdale, FL 33309-3421 Delray Beach, FL 33444 District Maintenance Engineer Attention: City Engineer 17. LIST OF EXHIBITS Exhibit A: Project Location and Description Exhibit B: Signalization Plans Exhibit C: City of Delray Beach Commitment Letter Exhibit D: Palm Beach County Acknowledgement Letter Exhibit E: Maintenance Plan Requirements Page 6 of 31 IN WITNESS OF THE FOREGOING, the parties hereto have executed this AGREEMENT effective the day and year first above written. AGENCY By: Chairperson / Mayor Attest: (SEAL) Clerk Approval as to Form Date Attorney Page 7 of 31 IN WITNESS OF THE FOREGOING, the parties hereto have executed this AGREEMENT effective the day and year first above written. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: Transportation Operations Director Attest: (SEAL) Executive Secretary Approval as to Form Date Office of the General Counsel Page 8 of 31 SECTION NO.: 93030 FM No.(s): 435299-1-52-01 FM No.(s): 435299-1-52-02 COUNTY: Palm Beach S.R. No.: 806/Atlantic Avenue EXHIBIT A PROJECT LOCATION AND DESCRIPTION A. PROJECT LOCATION • State Road 806/Atlantic Avenue, from Mile Post (M.P.) 8.957 TO M.P. 9.040 • The DEPARTMENT is installing color coated painted trombone mast arm assemblies (includes upright pole and arm) as part of a Signalization Improvement Project at the intersections of State Road 806/Atlantic Avenue @ Venetian Drive and State Road 806/Atlantic Avenue @ Gleason Street, City of Delray Beach, Florida. • The scope of work under this Project is to provide color coated painted trombone mast arm assemblies (includes upright pole and arm) at the locations listed below. The AGENCY will maintain the color coated painted trombone mast arm assemblies (includes upright pole and arm) installed under this Project for the duration of this AGREEMENT. B. DESCRIPTION INSTALLATION OF COLOR COATED PAINTED TROMBONE MAST ARM ASSEMBLIES (INCLUDES UPRIGHT POLE AND ARM) LOCATIONS: • Pole 1: Proposed Pole Location at STA 383+43.03, M.P. 8.957, at NW corner, at West Bound approach, at Intersection of State Road 806/Atlantic Ave and Venetian Drive, City of Delray Beach, Florida • Pole 2: Proposed Pole Location at STA 383+78.23, M.P. 8.964, at NE corner, at North Bound approach, at Intersection of State Road 806/Atlantic Ave and Venetian Drive, City of Delray Beach, Florida • Pole 3: Proposed Pole Location at STA 384+35.00, M.P. 8.974, at SE corner, at East Bound approach, at Intersection of State Road 806/Atlantic Ave and Venetian Drive, City of Delray Beach, Florida • Pole 4: Proposed Pole Location at STA 387+39.64, M.P. 9.032, at NW corner, at West Bound approach, at Intersection of State Road 806/Atlantic Ave and Gleason Street, City of Delray Beach, Florida • Pole 5: Proposed Pole Location at STA 387+72.53, M.P. 9.038, at NE corner, at North Bound approach, at Intersection of State Road 806/Atlantic Ave and Gleason Street, City of Delray Beach, Florida • Pole 6: Proposed Pole Location at STA 387+83.29, M.P. 9.040, at SE corner, at East Bound approach, at Intersection of State Road 806/Atlantic Ave and Gleason Street, City of Delray Beach, Florida Page 9 of 31 SECTION NO.: 93030 FM No.(s): 435299-1-52-01 FM No.(s): 435299-1-52-02 COUNTY: Palm Beach S.R. No.: 806/Atlantic Avenue EXHIBIT B Signalization plans prepared by DRMP, Inc. dated July 28, 2014 as approved by the DEPARTMENT. SIGNALIZATION PLANS (attached) Sheets Included: PDF Page Plan Sheet Description Number (#) Sheet (#) 16 1 KEY SHEET AND TABULATION OF QUANTITIES 17 2 GENERAL NOTES 18 3 TEMPORARY TRAFFIC CONTROL NOTES 19 - 20 4 - 5 SIGNALIZATION PLAN 21 6 GUIDE SIGN WORKSHEET 22 7 MAST ARM TABULATION SHEET 23 - 24 8 - 9 UTILITY LOCATION SHEETS 25 10 MAST ARM ELEVATION 26 - 27 11 — 12 MAST ARM DETAILS 28 - 29 CTL-1 — CTL-2 PROJECT SURVEY CONTROL 30 - 31 GR-1 — GR-2 REPORT OF CORE BORINGS [The remainder of this page intentionally left blank.] Page 10 of 31 SECTION NO.: 93030 FM No.(s): 435299-1-52-01 FM No.(s): 435299-1-52-02 COUNTY: Palm Beach S.R. No.: 806/Atlantic Avenue EXHIBIT C CITY OF DELRAY BEACH COMMITMENT LETTER (attached) [The remainder of this page intentionally left blank.] Page 11 of 31 . - BEREH DELRAY BEACH 6i&ii All-AmericaCity 25 June 2014 Jose R. Guerrero, P.E. 2001 District 4 Traffic Operations Florida Department of Transportation 3400 W Commercial Blvd. Ft Lauderdale, FL 33309 Re: E Atlantic Ave @ Venetian Dr and E Atlantic Ave @ Gleason St Cost Differential to Install Painted Trombone Mast Arm Assemblies City Project Numbers: 14-077 & 14-078 Dear Jose: The City of Delray Beach would like to enter into a Local Funds Agreement to have painted trombone mast arm signal assemblies install at the above two referenced intersections. As part of this project, the new assemblies will be painted a brown color, which is to match the color of the other trombone mast arms on Atlantic Ave. The City commits to funding the $120,000 estimated cost, which is the amount of the differential to install painted trombone mast arms and to maintain the painted surface for the life of the signals. Please forward the Local Funds Agreement to my attention so that we can submit the agreement to City Commission for their review and approval. Sincerely, XI Randal L. Krejcarek, P.E., LEED AP Environmental Services Director/City Engineer Cc Terry Stewart, Interim City Manager Diane Colona, CRA Executive Director file S:IEngAdminlProjectsl2014114-078 -E Atl-Venetian SignallLETTERSitrombone mast arm committment letter.doc SECTION NO.: 93030 FM No.(s): 435299-1-52-01 FM No.(s): 435299-1-52-02 COUNTY: Palm Beach S.R. No.: 806/Atlantic Avenue EXHIBIT D PALM BEACH COUNTY ACKNOWLEDGEMENT LETTER (attached) [The remainder of this page intentionally left blank.] Page 13 of 31 � URxS4* Department of Engineering September 4, 1014 and Public Works P.O.Box 21229 West Palm Beach,FL 33416-1229 Mr. Mark Plass,P.E. (561)684-4000 District Traffic Operations Engineer FAX:(561)684-4050 Florida Department of Transportation,District Four www.pbcgov.com 3400 West Commercial Boulevard Fort Lauderdale, Florida 33309 ■ RE: SR-806 (Atlantic Avenue)@ Venetian Drive and Gleason Street,City of Delray Beach Palm Beach County PBC Intersection Nos. TS 53275&TS 53280 Board of County Commissioners Dear Mark: Priscilla A.Taylor,Mayor Palm Beach County has no objection to the City of Delray Beach painting and/or Paulette Burdick,Vice Mayor maintaining the paint finish on the traffic signal mast arms and related structures at the intersections of Atlantic Avenue &Venetian Drive and Atlantic Avenue& Hal R.Valeche Gleason Street. We also do not object to the City of Delray Beach and the Shelley Vana Department entering into a maintenance agreement to perform and/or maintain the mast arm painting in accordance with the District's mast arm painting Steven L.Abrams procedures and any other applicable paint-over galvanized steel structure Mary Lou Berger standards and specifications. County staff would, however, appreciate at least seven (7) calendar day's notification of any scheduled paint finish maintenance less R.Santamaria work to avoid any conflicts with signal equipment maintenance to be performed by our agency. If you have any questions, please feel free to contact me at County Administrator (561)684-4030. Robert Weisman S1 F1 !ly, Dan Weisberg,P.E. Director-Traffic Division cc: Kim Graham,P.E.,Assistant Director,Traffic Division Fattoush N.War,P.E.,PhD.,Signal Design Engineer,Traffic Division Michael L.Ehora,Superintendent,Traffic Operations DW:JE vc File: r ersection#53275&53280 F:\TR AfFIC\Signals\Projects\53280_E Atlantic Ave&Gleason St\FDOT\TS 53275&53280- Mast Arm Maintenance Ltr.docx An Equal Opportunity Affirmative Action Employer' printed on recycled paper SECTION NO.: 93030 FM No.(s): 435299-1-52-01 FM No.(s): 435299-1-52-02 COUNTY: Palm Beach S.R. No.: 806/Atlantic Avenue EXHIBIT E MAINTENANCE PLAN REQUIREMENTS The AGENCY shall submit to the DEPARTMENT a maintenance plan detailing the means and methods for accomplishing repairs to the color coated painted trombone mast arm assemblies (includes upright pole and arm) in accordance with all DEPARTMENT Standards, Procedures and Specifications. This plan must be submitted and approved by the DEPARTMENT prior to commencing any maintenance or repair activities. The plan should at minimum detail how the AGENCY will address the following: 1. Providing for continuous traffic control and necessary traffic control devices as required for the safe movement of traffic of vehicular and pedestrian traffic past the location of the structure being repaired for the duration of the repair in accordance with DEPARTMENT Standards, Procedures and Specifications. 2. Protection of adjacent surrounding property, real estate, vehicles, pedestrians, attachments to the light poles, or other assets during the preparation and recoating of surfaces. 3. Containment of debris or materials used in or resulting from the repair. After the maintenance plan is approved, the AGENCY shall submit a work plan to the DEPARTMENT for approval prior to each repair to be performed detailing: 1. The proposed date of the repair 2. The location of the repair 3. The nature of the repair 4. The materials to be used for the repair 5. 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Q Z 0 O w Z } Lu C) N Q Q a O T U A T L A N T I C A V E N U E ¢ w uJil cy M p M O ¢ Q J a ¢ Z Z �- o > 0 z ¢ o < ° o > ¢ I— m O Q o z ST. Q o MIRAMAR DRIVE p a a C) z 0 U ¢ H U Q a co u > o w Q W a x LLI Lu COCONUT ROW a a ST. IN GRAHAM AVENUE U O J Z OCEAN TERR. I� OCEAN TERR. FMW Q J H 0 0 ST. ': BAY STREET 0 0 j Z U O m o = CITY of DELRAY BEACH LOCATION MAP UATE:11/O6/2014 4 ENVIRONMENTAL SERVICES DEPARTMENT VENETIAN AND GLEASON j •b O©p6 434 SOUTH&MNTON AVENUE,DELRAY BEACH,FLORIDA 33444 vi INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY FOR FUNDING CONSTRUCTIONIPROFESSIONAL SERVICES THIS AGREEMENT is made this day of , 2094, by and between the CITY OF DELRAY BEACH, a Florida municipal corporation, (hereinafter referred to as "CITY"), and the DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, a public body corporate and politic, duly created and operated pursuant to Chapter 163, Florida Statutes (hereinafter referred to as the "CRA"). WITNESSETH : WHEREAS, the CITY will be performing various construction projects located in the CRA district and as shown on Exhibit "A"; and WHEREAS, the CRA is providing funding for the projects in the amount listed on Exhibit "A"; and NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows: 1. The recitations set forth above are hereby incorporated herein. 2. The CRA shall provide funding to the CITY in the amounts listed and for the projects listed on Exhibit "A". Such payment shall be made to the CITY upon the bid award to the contractor, or approval of a Service Authorization with a consultant. Funding for the projects listed on Exhibit "A" shall include actual construction costs as well as other costs directly related to procuring, awarding, and completing the project construction including, but not limited to, advertising, testing, inspection, and utility relocation costs. This provision does not preclude the CRA from the performing the referenced tasks for projects listed on Exhibit "A" if mutually agreed upon by the City and CRA. 3. The CITY shall provide a written request to the CRA for approval of any change order that will result in an increase in the funding to be provided by the CRA. The CITY shall submit the written request to the CRA prior to the execution of any work covered by the change order. Failure to obtain the CRA's approval of the funding for the change order, prior to the execution of the work, shall be a basis for the CRA to deny additional funding to the CITY for the project identified in the change order. The CITY and the CRA agree and acknowledge that the approval of a change order does not require an amendment to this Agreement. 4. The term of this Agreement shall commence upon execution by both parties, and this Agreement shall continue until either party delivers written notice to the other party of its intent to terminate this agreement, or 60 days after the City receives the final invoice from the contractor or professional for all of the projects listed on Exhibit "A". Notwithstanding the foregoing, once the City has executed a contract with a contractor or professional for a particular project, the CRA shall not be allowed to withdraw its funding for that particular project. If the CITY terminates this Agreement, the CITY shall refund to the CRA any funding that was provided to the CITY but was not paid to the contractor or professional. If the total funds the CITY requires to complete a particular project, as identified in Exhibit "A", is less than the amount paid by the CRA to the CITY for a particular project, the CITY shall refund to the CRA any and all funds provided to the CITY that exceed the amount the CITY paid to the contractor or professional for the particular project. 2 5. Once the CRA provides any funding for any of the projects identified in Exhibit "A", the CITY shall provide the CRA with monthly reports detailing the progress of the specific projects, including, but not limited to, the contract amount, the amount of funds paid to the contractor, the status of the project, and the total of any change orders related to the project. 6. The CITY shall insure that all publicity, public relations, advertisements and signs recognize the CRA for the support of all activities conducted with the funds provided by the CRA. The use of the CRA logo is permissible, but all signs used to publicize CRA contracted activities must be approved by the CRA Executive Director or her designee prior to being posted. Upon request by the CRA, CITY shall provide proof of the use of the CRA logo as required by this paragraph for projects funded pursuant to this Agreement. 7. This Interlocal Agreement shall be filed pursuant to the requirements of Section 163.01(11) of the Florida Statutes. 8. No prior or present agreements or representations with regard to any subject matter contained within this Agreement shall be binding on any party unless included expressly in this Agreement. Any modification to this Agreement shall be in writing and executed by the parties. 9. The validity of any portion, article, paragraph, provision, clause, or any portion thereof of this Agreement shall have no force and effect upon the validity of any other part of portion hereof. 3 10. This Agreement shall be governed by and in accordance with the Laws of Florida. The venue for any action arising from this Agreement shall be in Palm Beach County, Florida. 11. Neither the CITY nor the CRA shall assign or transfer any rights or interest in this Agreement. 12. This Agreement shall not be valid until signed by the Mayor and the City Clerk. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Cary Glickstein, Mayor Approved as to Form: City Attorney ATTEST: DELRAY BEACH COMMUNITY RE JELOPMEN A NCY By: Diane Colonna, Executive Director Herman Stevens, Chair (SEAL) STATE OF FLORIDA COUNTY OF PALM BEACH n The foregoing instr ment was ack owI dged before me this ��d of Y� 2014, by , as (name of ff�er or agent, title of officer or agent), of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the 4 corporation. He/She is personally known to me or has produced ype of identification) as identification. ti�� Yp�Q,, Susan. .,. Shaw Notary Public— State of Florida n ICommirs on#FF070388 ': XPINS:Nov.13,2017 «wu WWFV,AAI<0::�QTARYcam EXHIBIT "A" Fiscal Year 2014-2015 Projects City Project Name Amount of Project # CRA Funding 1. 2014-023 SW 101h/91h Ave Improvements $ 200,000.00 2. 2014-002 Block 8 Alley (South of W Atlantic Ave - SW 10711 1h Aves) $ 120,000.00 1 2010-041 NW 12t Ave —Atlantic to MLK $ 543,000.00 4. 2013-023 Downtown Tree Grate Replacement $ 15,222.00 5. 2004-006 SE & NE 1St St - One-Way Pair (Conversion) $ 50,000.00 6. 2013-022 S Swinton Ave & SWISE 1" St Traffic Signal $ 250,000.00 7. 2014-007 E Atlantic Ave Pedestrian Improvements (Study) $ 30,000.00 8. 2014-008 Parkin Study Implementation (E, Atlantic Ave Crosswalk Upgrades) $ 75,000.00 9. dy Implementation Projects $ 125,000.00 10, 2011-017 Fire Headquarters Public Plaza $ 275,000.00 11. 2014-077 E Atlantic Ave[Gleason St Trombone Mast Arm Traffic Signal $ 125,000.00 12. 2014-078 E Atlantic AveNenetian Dr Trombone Mast Arm Traffic Signal $ 125,000.00 13. 2011-024 NE 3' St/Ave Streetscape &Alley Improvements $ 600,000.00 14.1 2012-051 Swinton &Atlantic Intersection $ 150,000.00 15. 2013-001 Block 117 Parking Garage Design/SE 6th Ave $ 750,000.00 16. 2015-608 MLK Jr. Drive (Phase II - NW 12th Ave to I-95 Sound Barrier) $ 100,000.00 17. 2015-609 SE 4t Avenue Beautification $ 100,000.00 18. 2011-009 Block 32 Alley $ 100,000.00 19. 2014-052 Merritt Park Renovations $ 150,000.00 20. 2015-610 Block 63 Alley $ 100,000.00 21. 2015-611 N, Dixie Hwy. Improvements $ 100,000.00 22. 2013-015 Osceola Park Alleys Phase 2 $ 175,000.00 23. 2013-020 SE 2" St (Swinton — SE 3d SE 2" Ave & Alleys Blk 87 $ 800,000.00 24. 2014-006 Sidewalks — CRA District $ 300,000,00 25. 2015-620 NW/SW Neighborhood Alley $ 100,000.00 26. 2011-067 NE 2" Ave/Seacrest Blvd Beautification $ 425,000.00 27. 2015-621 NW 5t Avenue Entrance Feature $ 75,000.00 28. 2009-006 Blocks 19 & 20 Alley Improvements $ 40 000.00 29. 2014-024 SW 2 nd Terrace Reconstruction $ 65,000.00 5 r MEMORANDUM r TO: Mayor and City Commissioners FROM: Environmental Services Department Jim Schmitz, Deputy Director Public Works Randal Krejcarek,Environmental Services Director THROUGH: Terrence Stewart,Interim City Manager DATE: November 10,2014 SUBJECT: AGENDA ITEM 8.0.-REGULAR COMMISSION MEETING OF DECEMBER 2,2014 ADVANCED APPROVAL FOR FY 2015 SPENDING GREATER THAN$25,000.00/TEN-8 FIRE EQUIPMENT BACKGROUND Commission is requested to approve an expenditure limit, not to exceed $65,000 for FY 2014-2015, for Ten-8 Fire Equipment, as a sole source vendor for the purchase of Pierce Fire Truck repair parts and services. Ten-8 Fire Equipment is the only authorized Pierce Fire Apparatus dealer in the State of Florida. The demand for parts and outside services for these vehicles can vary greatly from year to year. This request is in accordance with the Code of Ordinances, Chapter 36, Section 36.02 (c)(6)(a), "Sole Source". DISCUSSION The item before City Commission is approval of an expenditure limit, not to exceed $65,000 for FY 2014-2015, for Ten-8 Fire Equipment as a sole source vendor for the purchase of Pierce Fire Truck parts and services. TIMING OF THE REQUEST This request is time sensitive due to the need to maintain the operational status of our fleet Fire Rescue vehicles. FUNDING SOURCE Funding is available form 501-3311-591-52.50 (Garage Fund: Operating Supplies/External Parts) and 501-3311-591-52.52 (Garage Fund: Operating Supplies/C.G.—Outside Service). RECOMMENDATION By motion, affirm that Ten-8 Fire Equipment is a sole source vendor for Pierce Fire Apparatus, and by motion approve an expenditure limit not to exceed $65,000 for FY 2014-2015, for Ten-8 Fire Equipment,to purchase Pierce Fire Truck parts and services. PIERCE MANUFACTURING INC. •;a:r%S;A OWN 2UP CORPOR ITON'COMPANY !_S09001 I C.F.7V:C D 2600 ANIFMCAN DRIVE POST OFFICE BOX 1.017 APPLETON, WISCONSIN 5=191 2-2017 920-832-3000 - FAX 920-832-3203 An Oshkosh Truck Corporation Company 05/19/14 ' (L) Dear Valued Customer, Since 1917, Pierce Manufacturing has provided the finest fire apparatus in the industry. The quality of our products and services are our number one priority. In order to provide you with the personalized level of service you deserve, Pierce Manufacturing has authorized dealers throughout the country. Ten-8 is the Pierce authorized dealership in Florida and Georgia. They are the sole source for Pierce parts in these states. Ten-8 is also extremely qualified to provide you with the service you have come to expect from Pierce Manufacturing, Inc. Ten-8 is also the authorized sole source distributor for after-market service and support for the MedTec ambulance product line. Please contact them directly for any requests concerning the Pierce product line or MedTec. If you have any questions or concerns regarding this or any other issue, please call us at 1-888-YPIERCE. Regards, Kristina Spang Customer Service and Procurement Manager Pierce Manufacturing, Inc. An Oshkosh Corporation Company * ISO Certified w MEMORANDUM W TO: Mayor and City Commissioners FROM: Noel Pfeffer, City Attorney DATE: November 17, 2014 SUBJECT: AGENDA ITEM 8.R.-REGULAR COMMISSION MEETING OF DECEMBER 2,2014 RESOLUTION NO.62-14 RECOGNIZING THE UPDATED HUMAN POWERED DELRAY (HPD)INTERIM BICYCLE AND PEDESTRIAN MASTER PLAN BACKGROUND Human Powered Delray (HPD) has developed a proposed master plan which is being reviewed by City staff to prepare a timetable and possible methods for implementation. In addition, HPD has requested the City consider the adoption of a Resolution of support. The accompanying Resolution is substantially identical to the proposed Resolution included as part of the back-up for the November 13, 2014 City Commission Workshop. HPD has approved the form of the Resolution. DISCUSSION The proposed Resolution supports the HPD master plan and requests City staff to review and consider its implementation. RESOLUTION NO. 62-14 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING THE HUMAN POWERED DELRAY (HPD) INTERIM BICYCLE AND PEDESTRIAN MASTER PLAN, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Human Powered Delray (HPD) is a local citizens' advocacy group with the following goals: • Promote biking and walking as alternative modes of transportation to reduce dependence on automobiles • Improve the safety of human powered transportation • Encourage healthier lifestyles • Enhance the quality of life in Delray Beach through human-powered mobility;and WHEREAS, HPD was formed in August 2013 to advance, among other things, the above stated goals; and WHEREAS, several speakers at the recent Town Hall meetings sponsored by the City and Treasure Coast Regional Planning Council urged rapid action to bring about strategic planning;and WHEREAS, HPD has worked closely with City officials, State and County government agencies, the Lake Worth Drainage District, the Downtown Development Authority (DDA), Delray Beach Community Redevelopment Authority (CRA), the Delray Beach Historical Society and other groups regarding its mission and goals and reviewed plans of the CRA, Parking Commission, DDA, and Green Implementation Advancement Board; and WHEREAS, HPD has provided significant input to the City's efforts in revising the City's Land Development Regulations (LDRs), led bike and pedestrian safety awareness efforts, and produced an interim Bicycle and Pedestrian Master Plan (Master Plan) and an associated Phasing Plan for consideration by the City Commission. The interim Master Plan calls for a separate bicycle and pedestrian transportation network to and from the Central Business District (CBD), increased bike-ped access to the beach, connections to greenways on the canals, promotes intermodal connections such as a link to the Tri-Rail, and increased safety measures; and WHEREAS, HPD has endeavored to draft its goals, initiatives, interim Master Plan, and LDR revisions put forth by HPD in such manner so as to be consistent with the Transportation Element of the City of Delray Beach's Comprehensive Plan and Palm Beach County MPO's plans; and 1 Res No. 62-14 WHEREAS, the continued economic development of Delray Beach is in part dependent on developing alternative transportation modes to the automobile;and WHEREAS, bicycle and pedestrian enhancements will reduce automobile congestion and/or slow the growth in congestion;and WHEREAS, improved bicycle and pedestrian access to greenways, multimodal transportation hubs, and downtown entertainment and business districts will improve the quality of life in Delray Beach;and WHEREAS, the increased use of biking and walking is in large part dependent on improved safety measures; and WHEREAS, the goals and initiatives put forth by HPD will improve safety, promote healthier lifestyles, and have positive environmental outcomes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA,AS FOLLOWS: Section 1. That the City of Delray Beach endorses the efforts of HPD and directs City Staff to continue collaboration with HPD to advance its plans for pedestrian and bicycle infrastructure improvements with the City. Section 2. The City of Delray Beach will direct staff to review and consider in a timely fashion the HPD interim Bicycle and Pedestrian Master Plan and where appropriate incorporate into the City's LDRs. Section 3. The City of Delray Beach agrees to review the HPD interim Master Plan and consider its implementation subject to available funding. Section 4. The City of Delray Beach agrees to coordinate with HPD and other community groups via public participation reviewing recommendations to construct sidewalks where HPD and the community have noted deficiencies impacting public safety. Section 5. The City of Delray Beach seeks HPD input to explore and pursue grants and funding sources for the implementation of the HPD interim Master Plan, sidewalk improvements, and other bicycle and pedestrian safety enhancements throughout the City. Section 6. The City of Delray Beach endorses the use of Lake Worth Drainage District Canals as bicycle and pedestrian greenways and will work with HPD and the Lake Worth Drainage District to make these greenways a reality. 2 Res No. 62-14 PASSED AND ADOPTED in regular session on this the day of 2014. ATTEST: MAYOR City Clerk 3 Res No. 62-14 w MEMORANDUM W TO: Mayor and City Commissioners FROM: Noel Pfeffer, City Attorney DATE: November 17, 2014 SUBJECT: AGENDA ITEM 8.S.-REGULAR COMMISSION MEETING OF DECEMBER 2,2014 RESOLUTION NO.61-14 BACKGROUND On October 7, 2014 the Palm Beach County Board of County Commissioners, by a 4-3 vote authorized its staff to research the steps required to withdraw from The Treasure Coast Regional Planning Council (TCRPC) and to request membership in the South Florida Regional Planning Council (SFRPC). Palm Beach County has been a member of the TCRPC for over 35 years which has resulted in the organization having extensive experience and knowledge of the County and its 38 municipalities. It appears that the basis for the County considering a move to the SFRPC is primarily for financial reasons as a result of reduced membership fees. The attached resolution is based on the form suggested by the Palm Beach League of Cities and has been circulated to Palm Beach County municipalities. Most recently, Lake Worth adopted this Resolution on November 4, 2014. The purpose of this Resolution is to oppose a move from the TCRPC to the SFRPC. DISCUSSION The Palm Beach County League of Cities is recommending that the City adopt a resolution opposing the withdrawal from the TCRPC and moving to the SFRPC. RESOLUTION NO. 61-14 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORTING THE BOARD OF DIRECTORS OF THE PALM BEACH COUNTY LEAGUE OF CITIES, INC.'S OBJECTION TO RECENT ACTION TAKEN BY THE PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS TO WITHDRAW PALM BEACH COUNTY FROM THE TREASURE COAST REGIONAL PLANNING COUNCIL AND TO REQUEST MEMBERSHIP IN THE SOUTH FLORIDA REGIONAL PLANNING COUNCIL; SUPPORT THE COUNTY'S CONTINUED MEMBERSHIP IN THE TREASURE COAST REGIONAL PLANNING COUNCIL; PROVIDING FOR DISTRIBUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Palm Beach County Board of County Commissioners ("BOCC") recently took action by means of a 4-3 vote on October 7, 2014, authorizing its staff to research all necessary steps to withdraw Palm Beach County (the "County") from the Treasure Coast Regional Planning Council ("TCRPC") and to request membership in the South Florida Regional Planning Council ("SFRPC") notwithstanding of opposition expressed at the meeting by municipal representatives and others;and WHEREAS, the County has been a member of the TCRPC for more than thirty-five (35) years, since 1976; and WHEREAS, during that tenure, the staff at the TCRPC has become acutely aware of the issues and concerns of the County as well as of the thirty-eight (38) municipalities located therein as they relate to the growth management, transportation demands,water concerns and general land use planning;and WHEREAS, it does not appear that the SFRPC has the same depth of understanding of the issues that the County and its municipalities are facing;and WHEREAS, strategic policies found in the TCRPC Regional Policy Plan differ greatly from those found in the SFRPC Regional Policy Plan;and WHEREAS, the County and the municipalities have incorporated many of the TCRPC policies into their comprehensive plans which guide their growth patterns and which would require revision if the change to the SFRPC is achieved; and WHEREAS, many municipalities located in Palm Beach County are involved in long term planning activities with the TCRPC which would be rendered meaningless if this change were to occur; and WHEREAS, the minimal reasons supporting change found in the back-up documentation for the agenda item and the discussions at the October 7, 2014 meeting centered around saving money in the form of reduced membership fees to be paid to the SFRPC as opposed to the TCRPC and the diverse interests of the counties comprising the TCRPC;and WHEREAS, since County ad valorem tax dollars are used to pay for the membership in the TCRPC and are derived from all those persons and entities owning property in the County, each property owner is paying for this membership and deserves a voice in this decision taken by the County with little reasoning as to why such a move would benefit all local governments located in the County;and WHEREAS, long term relationships forged through more than thirty-five (35) years of working with the TCRPC and the in-depth understanding the TCRPC staff has of the County's and the thirty-eight (38) municipalities' land use issues should not be discarded without substantial and powerful reasons, which have not been clearly articulated by the members of the BOCC, to date. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA,AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Florida, supports the Board of Directors of the Palm Beach County League of Cities, Inc.'s strong objection to recent action taken by the Palm Beach County Board of County Commissioners to withdraw Palm Beach County from the Treasure Coast Regional Planning Council and to request membership in the South Florida Regional Planning Council. Section 2. The City Commission strongly supports the County's continued membership in the TCRPC. Section 3. The City Commission directs that a copy of this Resolution shall be provided to the Palm Beach County Board of County Commissioners, the Treasure Coast Regional Planning Council, and all municipalities in Palm Beach County. Section 4. This Resolution shall become effective immediately upon adoption. PASSED AND ADOPTED by the City Commission of the City of Delray Beach this the day of . 2014. MAYOR ATTEST: City Clerk 2 Res No. 61-14 w MEMORANDUM W TO: Mayor and City Commissioners FROM: Terry Stewart, Interim City Manager DATE: November 17, 2014 SUBJECT: AGENDA ITEM 8.T.-REGULAR COMMISSION MEETING OF DECEMBER 2,2014 RESOLUTION NO.65-14 BACKGROUND The resolution sets forth the actual costs incurred and provides the mechanism to attach liens against the properties if the assessments remain unpaid. DISCUSSION This item is before Commission to approve assessing costs for abatement action required to remove nuisances on six(6)properties throughout the City of Delray Beach. RECOMMENDATION Recommend approval of Resolution No. 65-14. RESOLUTION NO. 65-14 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS. WHEREAS, the City Manager or his designated representative has, pursuant to Chapter 100 of the Code of Ordinances, declared the existence of a nuisance upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the provisions of Chapter 100 of the Code of Ordinances; and, WHEREAS, pursuant to Section 100.21 and 100.22 of the Code of Ordinances of the City of Delray Beach, the City Manager or his designated representative has inspected said land(s) and has determined that a nuisance existed in accordance with the standards set forth in Chapter 100 of the Code of Ordinances, and did furnish the respective owner(s) of the land(s) described in the attached list with written notice of public nuisance pursuant to Sections 100.21 and 100.22 of the Code of Ordinances describing the nature of the nuisance(s) and sent notice that within seven (7) days from the date of said notice (forty-two (42) days in the case of violation of Section 100.04 pertaining to seawalls) they must abate said nuisance, or file a written request for a hearing to review the decision that a nuisance existed within five (5) days from the date of delivery of said notice, failing which the City of Delray Beach would proceed to correct this condition by abating such nuisance, and that the cost thereof would be levied as an assessment against said property;and, WHEREAS, the property owner(s) named in the list attached hereto and made a part hereof did fail and neglect to abate the nuisance(s) existing upon their respective lands or to properly request a hearing pursuant to Section 100.21 and 100.22 within the time limits prescribed in said notice and Chapter 100 of the Code of Ordinances, or if the property owner(s) did request and receive a hearing, said property owner(s) failed and/or neglected to abate such nuisance(s) within the time designated at the hearing wherein a decision was rendered adverse to the property owner(s); and, WHEREAS, the City of Delray Beach, through the City Administration or such agents or contractors hired by the City Administration was therefore required to and did enter upon the land(s) described in the list attached and made a part hereof and incurred costs in abating the subject nuisance(s) existing thereon as described in the notice;and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Chapter 100 of the Code of Ordinances of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said nuisance(s) as aforesaid, said report indicating the costs per parcel of land involved;and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Chapter 100 of the Code of Ordinances desires to assess the cost of said nuisance(s) against said property owner(s), NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA,AS FOLLOWS: Section 1. That assessments in the individual amounts as shown by the report of the City Manager of the City of Delray Beach, involving the City's cost of abating the aforesaid nuisances upon the lots or parcels of land described in said report, a copy of which is attached hereto and made a part hereof, are hereby levied against the parcel(s) of land described in said report and in the amount(s) indicated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Sec. 3, become a lien upon the respective lots and parcel(s) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner as mortgages and foreclosures are under state law. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by first class mail to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach at the December 2, 2014 meeting has levied an assessment against said property for the cost of abatement of said nuisance by the City, and that said assessment is due and payable within thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said property, and interest will accrue at the rate of 8% per annum, plus reasonable attorney's fees and 2 Res.No. 65-14 other costs of collecting said sums. A Notice of Lien shall be mailed, along with the Notice of Assessment and this resolution. Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property(s), and interest shall accrue at the rate of eight (8) percent per annum plus, if collection proceedings are necessary, the costs of such proceedings including a reasonable attorney's fee. Section 5. That in the event that payment has not been received by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certified copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 8%, and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in regular session on this 2nd day of December, 2014. MAYOR ATTEST: This instrument was prepared by: Noel Pfeffer, City Attorney 200 N.W. 1"Avenue City Clerk Delray Beach, Florida 33444 3 Res.No. 65-14 COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCE PROPERTY DESCRIPTION OWNER ASSESSMENT 107 NW 10TH AVENUE WEST SIDE HGTS DELRAY IN LOT 11 BLK A JANI E WAGNER PCN 12 43 46 17 26 001 0110 252 NE 15TH STREET CASE NO. RN 14-57854 DELRAY BEACH, FL 33444 $ 79.00 Invoice No. 39634 $ 55.00 Admin Fee $ 25.00 Admin Fee $ 159.00 221 &223 SW 12TH AVENUE ACME REAL ESTATE ASSOC., LLC ATLANTIC GARDENS DELRAY LOT 6 BLK 7 c/o JOHN D. FOSS PCN: 12 43 46 17 23 007 0060 571 SW 28TH AVENUE CASE NO. NA 14-56815 DELRAY BEACH, FL 33445 $ 195.00 Invoice No. 39635 $ 55.00 Admin Fee $ 25.00 Admin Fee $ 275.00 631 SW 8TH AVENUE MARIA OLGA VELEZ ROSEMONT PARK DELRAY LTS 9 & 10 BLK 7 637 SW 8th AVENUE PCN: 12 43 46 20 14 007 0090 DELRAY BEACH, FL 33444 CASE NO. 14-57238 $ 171.00 Invoice No. 39636 $ 55.00 Admin Fee $ 25.00 Admin Fee $ 251.00 627 SW 5TH AVENUE ROSEMONT PARK DELRAY LT 7 BLK 1 WILLIE & BETTY LAZIER PCN: 12 43 46 20 14 001 0070 619 SW 5TH AVENUE CASE NO. NA 14-56354 DELRAY BEACH, FL 33444 $ 93.00 Invoice No. 39637 $ 55.00 Admin Fee $ 25.00 Admin Fee $ 173.00 925 SW 20TH COURT#6 WOODBROOKE COND 2 UNIT 6 MAULAIRE SEME PCN: 12 43 46 19 31 002 0060 925 SW 20TH COURT CASE NO. NA 14-56398 DELRAY BEACH, FL 33445 $ 60.00 Invoice No. 39640 $ 55.00 Admin Fee $ 25.00 Admin Fee $ 140.00 385 OAKVIEW DRIVE ESTATES I II THE LTS 6 &6A BLK 2 MARK GEISSLER PCN: 12 42 46 13 17 002 0060 385 OAKVIEW DRIVE CASE NO. NA 14-56731 DELRAY BEACH, FL 33445 $ 187.00 Invoice No. 39642 $ 55.00 Admin Fee VIOLATION IS: SECTION 100.01—LAND TO BE KEPT FREE OF DEBRIS,VEGETATION, AND $ 25.00 Admin Fee MATTER CONSTITUTES HAZARDS; DECLARED NUISANCE $ 267.00 RES NO. 65-14 w MEMORANDUM W TO: Mayor and City Commissioners FROM: Planning and Zoning Department THROUGH: Terry Stewart, Interim City Manager DATE: November 20, 2014 SUBJECT: AGENDA ITEM 8.V.-REGULAR COMMISSION MEETING OF DECEMBER 2,2014 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 hear appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: • The item must be raised by a Commission member. • By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. Planning and Zoning Board Meeting of November 17, 2014 There were no appealable items considered by the Planning and Zoning Board. The following items which were considered by the Board will be forwarded to the City Commission for action: A. Recommended approval (6 to 0, Joseph Pike stepped down), of a final subdivision plat for Hamlet at Delray, for the creation of five (5) single family lots within the Seagate Country Club at the Hamlet, located on the north side of Greensward Lane, east of Hamlet Drive. B. Recommended approval (7 to 0), of a final plat for RPOS (Resource Point of Sale), located at the northeast corner of SW 10th Avenue and SW 11th Street. C. Recommended approval (6 to 0, Joseph Pike stepped down), of an abandonment of an unimproved (unpaved) street right-of-way lying between NW 18th Avenue and the CSX Railroad that measures 30' wide and extends 94.84' east of NW 18th Avenue for JTS Woodworking, Inc. Site Plan Review and Appearance Board Meeting of November 12, 2014 1. Approved with conditions (5 to 1, Alice Finst dissenting and Roger Cope absent), a waiver request to LDR Section 4.6.7(J)(3) to allow two flat wall signs to be placed above the roofline at Rack's Fat Rooster, located at the southeast corner of East Atlantic Avenue and SE 2nd Avenue (204 East Atlantic Avenue). 2. Approved (4 to 2, James Chard and Alice Finst dissenting and Roger Cope absent), a request for a color change for Max's Social House, a commercial building located on the west side of NE 6th Avenue, between NE 1St Street and NE 2nd Street (116 NE 6th Avenue). 3. Approved (5 to 0, Jim Knight stepped down and Roger Cope absent), a color change for 210 SE 2nd Street, located on the south side of SE 2nd Street, east of SE 2nd Avenue. 4. Approved (6 to 0, Roger Cope), a Class I site plan modification associated with architectural elevation changes for the addition of a mural for 25 NE 2nd Avenue. 5. Approved with conditions (6 to 0, Roger Cope absent), a Class I site plan modification associated with the installation of a storefront awning for Morley's, located on the north side of East Atlantic Avenue, east of NE 4d1 Avenue (415 East Atlantic Avenue). 6. Approved with conditions (6 to 0, Roger Cope absent), a Class I site plan modification, landscape plan and architectural elevations for facade changes and hardscape improvements for The Next Big Thing Restaurant Group, LLC. within the Worthing Place development located on the west side of SE 2nd Avenue, south of East Atlantic Avenue (32 SE 2nd Avenue). 7. Approved with conditions (4 to 2, James Chard and Alice Finst dissenting and Roger Cope absent), a Class II site plan modification and landscape plan for Delray Medical Center, located on the south side Linton Boulevard, west of Military Trail associated with elevating the entrance drive from Linton Boulevard and replanting the adjacent area. Concurrently, the Board approved a waiver to LDR Section 4.6.16(H)(3)(d) which requires a 5-foot wide perimeter landscape buffer where zero feet (0') is proposed. 8. Approved with conditions (6 to 0 Roger Cope absent), a Class III site plan modification and architectural elevation changes associated with a new balcony enclosure (2nd floor addition) for one unit within a 4-complex, located at 793 Andrews Avenue (east side of Andrews Avenue, south of George Bush Boulevard). Site Plan Review and Appearance Board Meeting of November 19, 2014 9. Approved (6 to 0, Roger Cope absent), a request to establish a master sign program for Waterway East to incorporate the blanket sign program for the outparcel of the Hudson at Waterway East, (formerly known as the Old Calypso Restaurant), located at the southeast corner of East Atlantic Avenue and the Intracoastal Waterway (900 East Atlantic Avenue). The proposed request is for three signs on the north, east and west elevations. 9. Approved with conditions (5 to 1, James Chard dissenting and Roger Cope absent), a Class I site plan modification associated with architectural elevation changes associated with installing a redesigned awning on the west elevation for the Hudson at Waterway East, located at the southeast corner of East Atlantic Avenue and the Intracoastal Waterway(900 East Atlantic Avenue). 10. Approved with conditions (6 to 0, Roger Cope absent), a Class V site plan, landscape plan and architectural elevations associated with the construction of a two-story townhouse development consisting of three residential units for 2808 Florida Boulevard, located on the west side of Florida Boulevard, south of La Mat Avenue. 11. Approved (3 to 1, Alice Finst dissenting, Andrew Youngross and Jose Aguila stepped down and Roger Cope absent), a request for a color change for 413 Medical Office, an existing office building, located on the north side of NE 3rd Street, east of the FEC Railroad (413 NE 3rd Street). 12. Approved with conditions (6 to 0, Roger Cope absent), a Class III site plan, landscape plan and architectural elevation plan associated with the conversion of a contractor's office to restaurant for The Del, located at the southeast corner of NE 4th Street and NE 3rd Avenue. The following reflects the Boards' actions with respect to the following waiver requests: i. Approved (6 to 0, Roger Cope absent), a waiver to LDR Section 4.6.16 (H)(3) (i) to reduce the required nine (9') foot terminal landscape islands to 0' along NE 3rd Avenue and to 4' 2" along Artists Alley. ii. Recommend to the City Commission approval (6 to 0, Roger Cope absent), of a waiver request to LDR Section 4.6.9(D)(3)(c)(1) to reduce the required stacking distance from 5' to 4' 2" along Artists Alley. iii. Recommend approval (6 to 0, Roger Cope absent), to the City Commission of a waiver request to LDR Section 6.1.4(C)(3)(b)(1), from the required 25' between the driveway and the extension of the ultimate right-of-way lines at the intersection the northernmost driveway along Artists and NE 4th Street to a distance of 23'. iv. Recommended approval (6 to 0, Roger Cope absent), a waiver request to LDR Section 4.6.9(C)(1)(9), to allow the percentage of compact parking spaces to exceed the maximum percentage (30%/6 compact parking spaces), whereas 30.43% /7 compact parking spaces are provided. Upon further investigation, it is noted that the waiver is not required. Historic Preservation Board Meeting of November 19, 2014 13. Approved with conditions (6 to 0, Samuel Spear stepped down), a request for a Certificate of Appropriateness for a revised master sign program on a multi-tenant, non-contributing building located within the Old School Square Historic District at 20 West Atlantic Avenue. FINANCIAL DEPARTMENT REVIEW N/A DISCUSSION The action requested of the City Commission is review of appealable actions which were taken by various Boards during the period of November 10, 2014 thru November 21, 2014. OPERATING COST N/A 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 l i i l i i l NORTH DECEMBER 2, 2014 PLANNING &ZONING DEPARTMENT 1• 1 a Q j 3 i m 1 2 w 1-' Q) O '� j o 1 1 z ° 1 1 � � n .1 > U) m 1 .� , z 8 j Q 12 qtr Lake Ida Rd U° w 1 2 4 11 1 j 1 NW 2nd St 1 �._.._ ••_• .._.._.._r••-ti �h 13 9 1 .. 1 w 1 1 j r W Atlantic Ave SW d t 6 5 1 _ 1 ti� 3 1 > c Q O a i m L c °o SW 10th St u) SE 10th S m Lowson Blvd v v 1 � O ° Q U) m 1 _ ° � 1 o Q CT' 1 7 W Linton Blvd > U) Linton Blvd U) Oid N 1 to °' 1 1 I ° L0 wn _ �.._.._.._.. d U X 1 U) m 1 W = 1 L0 o a :M b `o to a .._.._.._.._.._.._.._.._.._.._.._.._.._.._.._ .._.._.._.m _•�. SPRAB: 1. RACK'S FAT ROOSTER 6. THE NEXT BIG THING 11. 413 MEDICAL OFFICE 2. MAX'S SOCIAL HOUSE 7. DELRAY MEDICAL CENTER 12. THE DEL J� 3. 210 SE 2ND STREET 8. 793 ANDREWS AVENUE 4. 25 NE 2ND AVENUE 9. HUDSON AT WATERWAY EAST HPB: 5. MORLEY'S 10. 2808 FLORIDA BOULEVARD 13. 20 WEST ATLANTIC AVENUE Document Path: S:\Planning &Zoning\DBMS\GIS\City Commission Maps\City Commission Map 12-2-14.mxd w MEMORANDUM W TO: Mayor and City Commissioners FROM: Jim Schmitz, Deputy Director Public Works Randal Krejcarek, Environmental Services Director THROUGH: Terry Stewart, Interim City Manager DATE: November 10, 2014 SUBJECT: AGENDA ITEM 8.W.1-REGULAR COMMISSION MEETING OF DECEMBER 2,2014 PURCHASE AWARD/GLADE AND GROVE SUPPLY BACKGROUND City Commission to approve the purchase of a new Case 85C tractor from Glade and Grove Supply, for the Parks and Recreation Department, in the amount of $28,000.00 (Attachment A). This tractor's primary function is to operate the Bush Hog, which provides landscape maintenance to various City owned properties. The tractor being replaced (#733) is 14 years old and has reached the end of its useful life. Furthermore,repairs to this unit have been hampered by parts that are no longer available. The purchase of this tractor will be through the utilization of the Florida Sheriff's Association Contract #14-12-0904, specification #20 (Attachment B & C), which is in effect from October 3, 2014 through September 30, 2015. The Florida Sheriff's Association employs a website to publish annual vehicle contracts since November 1993, and is widely recognized as a competitive pricing contract utilized by municipalities and counties throughout the state of Florida. Through the site's browser, all pertinent contracts, addendums, and supplemental rollover contracts are viewable in pdf format. The contract, is comprised of 1,042 pages, and 65 different equipment and vehicle specifications. There are over 60 different equipment and vehicle dealers that have been awarded various specifications within the contract, and the state of Florida is divided into four separate zones (north, south, central, and western). Each zone is awarded separately by bid; some specifications may be awarded to a single dealer in all four zones, while other specifications may be awarded to a single dealer, depending on the bid process. This request is in accordance with the Code of Ordinances, Section 36.02(c)(7)(a), "Utilization of Other Governmental Entities' Contracts" (lowest pricing letter, Attachment D). DISCUSSION The item before City Commission is approval to purchase a new Case 85C Tractor in the amount of $28,000.00 from Glade and Grove Supply Company. TIMING OF THE REQUEST This request is of high importance to provide the Parks and Recreation Department with a dependable tractor for the maintenance and cutting schedules of the affected areas within the City. FUNDING SOURCE Funding is available from 501-3312-591-64.20 (Garage Fund: Machinery/Equipment/Automotive). RECOMMENDATION By motion, approve the purchase of a new Case 85C Tractor in the amount of$28,000.00 from Glade and Grove Supply Company. Glade and Grove Supply Co., Inc. 1006 S. Main Street, Belle Glade, FL 33470 305 CR17A West,Avon Park, FL 33825 981 New Harvest Road, Immokalee, FL 34942 EQUIPMENT PRICE QUOTE F11 /2014 CUSTOMER: City of Delray Beach Florida Fher!(($c/o Kevin Rumell(561)243-7333, rernell cQmydelraybeach.com ntract KEN HOLOWECI<Y #112-0904 GOVERNMENT SALES REP-(561)703-2644 -cell - $ 30,920,00 $30,920.00 -ROPS,2WD, flat deck, vinyl seat, 1 rear hyd. Remote -- g4td Dt)9ns 1 Enclosed cab w/heat,A/C, cloth seat 6,100.00 `$6,160.00 1 4WD -- $ 2,900.00 $2,900.00 :Non.S�ecifie-�_Opfiotl5 z ' ' - 9 Downgrade model to CASE IH FARMALL 86C Tractor $ (4,62.4.0_0) ($4,524.00) (-MSRP 95C less MSRP 85C...see price sheets -85h T3 engine, 70h PTO -Mid-mount remotes(for front loader)w/joystick _ -Full 2 r/2000hr Manufacturer's Warranty -Manufacturer's List Price=$54,646.00 as configured 1 Trade In:2001 CASE IH 090 Tractor SIN JJE1018748 $ 7,396.00) ($7,396.00) 1 Delivery No Charge TOTAL (goes NOT include any applicable taxes) $28,000.00 „fF YOU NAVI=ANY QUESTIONS REGARDING THIS QUOTE, PLE=ASE CONTACT KEN HOLOWECKY @ 800-433-4451, (561)703-2644 -mobile, or kenh @gladeandgrove.com COMMENTS: -- .. .- -- — - ............. - -- PPROVED BY; -- VAC FLORIDA F- ;b (:OUN'i I HS AHAbaw I1orida FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES AGRICULTURE TYPE TRACTOR (2 WHEEL ]DRIVE) SPECIFICATION #20 2015 Case III Farmall 95C The Case IH Farmall 95C purchased through this contract comes with all(lie standard equipment as specified by the manufacturer for this model and ZiSA's base vehicle spccification(s)requirements which are included and made a part of this contract's vehicle base price as awarded by specification by zone. ZONE: Western Northern Central Southern BASE PRICE: $3I,�470.00 $31,270.00 $30,920.00 $30,920.00 While the Florida Sheriffs Association and Florida Association of Counties have attempted to identify an Lose equipment items most often requested by participating agencies for full size vehicles,we realize equipmentneeds and preferences are going to vary from agency to agency.In an effort to incorporate flexibility into our program,we have created specific add/delete options which allow the purchaser to tailor the vehicle to their particular wants or needs. The following equipment delete and add options and their related cost are provided here to assistyou in approximating the total cost of the type vehicles)you wish to order through this program.Simply dedact the cost of ally of if to following equipment items you wish deleted from the base unit cost and/or add the cost of any equipment items you wish added to the base unit cost to determine the approximate cost of the type vehicles)you wish to order. NOTE:An officia[listing of at[add/delete options and their prices should be obtained from the appropriate dealer in your zone when preparing your order.Additional add/delete options other than those listed here may be available through the.dealers,however,tltgse listed here must be-honored by the dealers in your zone at the stated prices. Bid Atuard Announcement 14-12.0904 653 VEHICLE. Ili I:armalt 95C H1 ALEIt: Glade&Grove Supply Co. Glade&Grove Supply Co. Glade&Grove Supply Co. Glade&Grove Supply Co. LLC LLC LLC LLC ZONE: western► Northern Central ulitarn BAST;PRICE: $31,470.00 331,270.00 $30,920.00 $30,920.00 Order Code Delete Options All zones Engine,3 cylinder diesel,45 PTO HP 2200 RPM NA Delete electronic 3 Point hitch control NA Downgrade to bias ply tires NA Optional equipment delete NA Optional equipment delete NA Optional equipment delete NA 0ider Code Add Options All Zones Upgrade to liquid.cooled 4 cylinder diesel engine with minimum 84 PTO HP ri 2200 RPM NA rA105C 1 Model upgrade-specify $2,925.00' CML't1I FMAMLL 1056 I0 hp engine,917+p PTO, t FAI 15C 1 Model upgrade-specify $4,375.001 0ISEII[FAR,SWL 115C-1I5hp engine,931rp PTO. I Model upgrade-specify NA FA95CICAI3 1 Enclosed cab with heating and air conditioning �43 332850 1 Air suspension seat cab only Fabric seat with air stapension,armrests,and 15 degreesm.ml 1 AM/FM stereo will►cassette and quartz clock Stdl standarcl»ith Cab add option 1 Rear wisherAviper 744581 1 4-wheel drive $2,900.001 Heas�duty 41iD jromt axle with electro h}-clrarrlic engagement anrllltnitedslly d�lock t 744673 1 4WD front fenders $425.001 PoNversl►nttle transmission witli 24F x 24R,or approved equivalent Std Synchroshuttle.transmission with 12F x 12R,or approved equivalent NA 713569 1 3 spoof valve and selector $$15.001 Iko hyrlroulic rear remotes(i remote is staudaro 1 Hydraulic joysticlt control Incl. 1 Included is9th front loader additional option below. 1 Hydraulic traitor brakes NA Additional fuel tank NA Telescopic mirrors Still Two errernal n+lrrors included with cab add option 1 Heavy-duty 3 point Iift 5700 lbs.cal) NA High capacity air cleaner Std 334215 1 Set of front iveigl►ts--specif3' $435,001 Front carrier+5 x-eights(512lbs) ► Biel Atuarct Announcement 14-12-0904 654 VEHICLE: 111 Farmall 95C DEALER: Glade&Grove Sappty Ca. Glade&Grove Supply Co. Glade&Grove Supply Co. Glade&Grove Supply Co. LLC LLC LLC LLC ZONE: western Northern Central Southern BASE PRICE,. $31,470.40 $31,274.00 $30,920.00 $30,920.00 330470 1 Set of rear weights--specify X455.001 4x 1 f-lb rear wheel treMas 1 8365404 1 18.4—34RI radial pressed single disc rear(4WD only) 5255,001 82394041 14,9—24Rf radial pressed ND wheel(rout(4WD only) $525.001 Cab Air-condition lncl.l lucluded srlth cob add aption. 1 336914 1 Optional equipment-specify $5,15o.00, CASE IH.L620no sey'lereliug loader,84"bucket,2 mldmormt ralh-es,undjoysllck(requires 41YD) 1 3302761 Optional equipment-specify S1,&55.001 f2.ri2ParserSlurltleTnrrstnlsslo�r{sfa+rdardiss}rrclrrontzedsludlleJ 1 Optional equipment-specify NA Optional equipment-specify NA Optional equipment-specify NA Optional equipment-specify NA Optional equipment-specify NA Optional equipment-specify NA OptiouaL equipment-specify NA Optional equipment-specify NA Optional equipment-specify NA Optional equipment-specify NA Optional equipment-specify NA Optional equipment-specify NA Optional equipment-specify NA Temporary tag NA Transfer existing registration(roust provide tag number) NA New state tag(specify state,county,city,sheriff',etc.) NA Maintenance Plan-specify NA Maiutenauee Plan-specify NA Extended warranty--3rd year SO 2yr12600hr manufacturers base rtYrrragr 1 Extended warranty—3rd&4th years NA f0% Discount percentage off manuf,,tctnrefs current published retail pric for non-specified options Stdl Discount 1 and any option it models bid.This discount ONLY APPLIES to a down ra a or an upg€a c to the model listed in this specification.Itdoes not apply to a completely different make orrnodel.(The discount is applied to the ninatifacturces current published retailprices) Biel Award Announcement I4-[2-0904 b55 CA S E -TIAC 03 ARMNAUIM- ee P LIST: ' � r t (Ex Works Port of Entry) Models M i0i 1 FARMAL&8Jg_ACTOR _Q 9042028P $64 FA-RMALL'UeRACTOR Ro s 8,888 LS 9033843PO4 Factory Supplied Options $D T9200 OPERATOR STRUCTURE#1 BOPS 334101 F2-PoslfoldabloBOPS No Charge CAB XT920OX Standard Operators Station No Charge Cab with air conditioning,hoator,and deluxe air filtration packiga. includes Internal recirculation filters and high capacity air pressurizer. SID T28110 TRANSMISSION XT281OX Base transmIsslon No Char 330278 16x18 Powershuttle. 9001460Pti9 $1.89 0 UIrGS 16.1 91M Jr 61 Um hydraulic purnp SD T8010 PTO Base PTO No Chargo 640 RPM PTO 540/1000 RPM MochanIml PTO. 9000427P361 $565.00 54011000 RPM PTO with 1-318 In. 6 and 21 spline shafts 57 of 74 -TIAC 03 022 000 02-NOV-12 N Glade & Grove Supply Co., Inc. P.O.Drawer 760, 1006 State Road 80,Belle Undo,FL 33430(%(800)433-4451 %(561)996-8513 Fax 983 Now Harvest Road,humokafee,FL 33934<o>(800)222-3093%(239)657-5381 Fax P.O.Box 967,Avon Park,FL. 33826(o)(877)5138182%(863)453-0482 Fax 'S -C November 5,2014 To Whom It May Concern, This letter is intended to confirm that the pricing offered to the City of Delray Beach oil the Equipment Price Quote dated November 4,2014 by Glade& Grove Supply Co. on the CASE III FARMALL 85C tractor is the lowest price available to any Governmental agency within the State of Florida, The pricing for the CASE Iff FARMALL C Series tractor is established in the Florida Sheriffs Association Contract#14-12-0904 and is effective until September 30,2015, Thank you, Pen Holoweck-)y Govertullent Sates Manager Glade and Grove Supply Co., Inc, -Belle Glade (800)433.4451- office (561) 703-2644-mobile kcilh@gladeandgrove,com )view. ladeanderove.com w MEMORANDUM W TO: Mayor and City Commissioners FROM: Environmental Services Department Jim Schmitz, Deputy Director Public Works Randal Krejcarek, Environmental Services Director THROUGH: Terry Stewart, Interim City Manager DATE: November 10, 2014 SUBJECT: AGENDA ITEM 8.W.2-REGULAR COMMISSION MEETING OF DECEMBER 2,2014 PURCHASE AWARD TO RECHTIEN INTERNATIONAL FOR TRUCK PARTS AND SERVICES BACKGROUND Commission is requested to approve an expenditure limit, not to exceed $65,000, for Rechtien International as a sole source vendor, for the purchase of OEM repair, parts, and services that are proprietary to International trucks. Rechtien International is the only authorized International truck dealer in the South Florida region, with the next nearest dealers in Orlando and Tampa. The City of Delray Beach has an extensive number of International Trucks within its Fleet, including nine (9) Fire-Rescue Ambulances, as well as multiple other large trucks. The demand for parts and outside services for these vehicles can vary greatly from year to year. This request is in accordance the Code of Ordinances, Chapter 36, Section 36.02(c)(6)(a), "Sole Source". FINANCIAL DEPARTMENT REVIEW Finance Department recommends approval. DISCUSSION The item before City Commission is to approve an expenditure limit, not to exceed $65,000, for Rechtien International as a sole source vendor, for the purchase of OEM repair, parts, and services that are proprietary to International trucks. TIMING OF THE REOUEST This request is time sensitive due to the need to maintain the operational status of our fleet Fire Rescue vehicles. FUNDING SOURCE Funding is available from 501-3311-591-52.50 (Garage Fund: Operating Supplies/External Parts) and 501-3311-591-52.52 (Garage Fund: Operating Supplies/ C.G. —Outside Services). RECOMMENDATION By motion, affirm that Rechtien International is a sole source vendor for International Trucks; and by motion approve an expenditure limit not to exceed $65,000 for Rechtien International Trucks to purchase parts and services. Navistar, Inc. Michael A.Cicerchia +Tmor ffff 2701 Navistar Drive Parts Sales Manager Lisle, IL 60532 USA PARTS GROUP February 28, 2014 To Whom It May Concern, This letter is to inform all Parties that Rechtien International Truck, with Facilities in the following locations: 2565 SR 84, Fort Lauderdale, Florida, 7227 NW 74th Ave., Miami, Florida, 3787 Interstate Park Rd., Riviera Beach, Florida 1699 N. US 1, Fort Pierce, Florida Is International Truck and Engine Corporation / Navistar Inc.'s only authorized Dealer for all International /Navistar related Trucks, Parts, Service, Sales and Warranty in the related counties throughout the State of Florida. Thank You. Sincerely, 7m"A &eetek4 Michael A.Cicerchia Parts Sales Manager; South-East Region Navistar Inc. International Truck and Engine Corporation Cell#224-532-7081 michael.cicerchia @ navistar.com w MEMORANDUM W TO: Mayor and City Commissioners FROM: Planning and Zoning Department THROUGH: Terry Stewart, Interim City Manager DATE: October 27, 2014 SUBJECT: AGENDA ITEM 9.A.-REGULAR COMMISSION MEETING OF DECEMBER 2,2014 WAIVER REQUESTS/202 NORTH SWINTON AVENUE BACKGROUND The action requested of the City Commission is approval of three waivers. The first waiver seeks relief from LDR Section 4.6.9(13)(2)(b), to reduce the minimum required combined depth of alley and parking spaces from 42' to 39'-6". The second waiver seeks relief from LDR Section 4.6.9(13)(2)(b), to reduce the required parking space width from 10' to 9' at the rear of the property, adjacent to the alley. The third waiver seeks relief to 4.6.9(13)(3)(a-b), to reduce the required driveway width from 24' to 18' at the point of access from North Swinton Avenue. At its meeting of October 1, 2014, the Historic Preservation Board (HPB) considered and approved a Certificate of Appropriateness (COA) and Class V Site Plan for site improvements associated with a change of use from single-family residential to office. The HPB considered the waiver requests concurrently with the COA and Site Plan requests and recommended approval of each waiver on a vote of 6-0 (one seat was vacant). Justification statements provided by the Authorized Agent for the project are included in the attachments with the HPB Staff Report and site photos. WAIVER ANALYSIS Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Requests: Pursuant to LDR 4.6.9(D)(2)(b), Off-Street Parking Regulations, Provisions for Ingress and Egress, each required parking space shall be accessible at all times. Access which conforms with minimal aisle standards and which includes maneuvering area so that a vehicle must be able to enter and exit the parking area onto a street or alley in a forward manner shall be provided, except when the parking is adjacent to an alley and the parking space and alley have a combined minimum depth of 42' and a minimum width of ten feet (10') and the location of parked vehicles does not impair sight distance of pedestrians or vehicles utilizing the alley; Depth Relief from forty two feet (42') to thirty nine feet, six inches (39'6") is requested. Depth: Relief from forty two feet (42') to thirty nine feet, six inches (39'-6") is now requested. The proposed combined width for the alley and adjacent parking measures approximately 39'-6", for a deficiency of 2'-6". The measurement consists of 22' parking spaces, the 2'-6" right of way dedication along the alley, and the 15' wide alley. It should be noted that while the adjacent property west of the alley has already been developed (1990s), it does not appear that an alley dedication was required at that time. The LDRs and Comprehensive Plan call for alleys to be improved to a width of 20', and therefore, development projects are typically required to dedicate half the balance of the total width. Nevertheless, the property across the alley is able to accommodate the required 42' from the front of the parking spaces to the other side of the alley. Therefore, the subject property may reduce the provided depth by two feet, six inches (2'-6"), for a total measurement of 39'-6", as the required 42' would be provided upon dedication across the alley at a later date. Additionally, the applicant opted to provide the 39'-6" to assist in maximizing the amount of open space provided (59%), rather than additional conrete area. Width: A waiver to this requirement is necessary as the proposed parking space width is nine feet (9'), whereas a width of ten feet(10') is required. In consideration of the criteria noted above, the requests to reduce both the depth and parking space width may be analyzed as follows: (a) The waiver relative to the back-out depth reduction from 42' to 39'6" would not adversely affect the neighborhood in that there will be sufficient maneuvering area for a vehicle and will not impose ingress and egress hazards along the alley to impact those utilizing the subject spaces, the spaces on the adjacent property, or traveling through the alley. The parking space width reduction from 10' to 9' is also supportable in that 9' is a standard measurement and not required to increase in other back-out instances such as within a standard drive aisle which is more heavily utilized. Further, this reduction has been supported in cases where the impact would be greater; (b) The provision of public facilities should not be impacted by either reduction; (c) The creation of an unsafe situation is not of concern as the depth reduction will still provide sufficient ability to maneuver in and out of the parking spaces, even when reduced to 9'; (d) The granting of the subject waiver is not considered a special privilege relative to the depth in that the requirement would be met once the additional right of way it provided from the property on the west side of the alley. Additionally, the parking space width is not considered a special privilege in that this has been approved in similar cases providing parking off of an alley, provided the required or sufficient amount of depth was also provided. Based on the above, positive findings can be made with respect to LDR Section 2.4.7(B)(5). Off-Street Parking Regulations; Point of Access to the Street System, Maximum and Minimum Width: Pursuant to LDR Section 4.6.9(D)(3)(a-b), Off-Street Parking Regulations, Point of Access to the Street System, Maximum and Minimum Width, the point of access to a street or alley shall be a maximum of twenty-four feet (24') and shall not be less than 24' for a normal two-way private street or parking lot driveway aisle, 20' for a private driveway which has less than 200 ADT, 12' for a one-way driveway or parking lot aisle. A waiver to this requirement is necessary as the proposed point of access from North Swinton Avenue measures eighteen feet (18') in width. In consideration of the criteria noted above, the request may be analyzed as follows: (a) The subject waiver should not adversely affect the neighboring area in that the existing driveway width measures approximately twelve feet (12'), and the proposed driveway will increase the width tp eighteen feet (18')which more adequately maintains the residential scale desired in the historic district, as opposed to the required twenty four feet (24'). Further, sufficient room for vehicular traffic to enter and exit the site will be provided; (b) The provision of public facilities should not be impacted; (c) There do not appear to be any safety concerns of significance, as the width provided is equal to two parking spaces, thereby providing adequate space for 2 vehicles to pass, particularly given the minimal number of trips and the clear visibility in this area. Additionally, the number of parking provided in this area is minimal (3), and should not pose a problem relative to the width. Further, there is sufficient space within the parking area to be utilized when one car is waiting on another to either enter or exit when traveling in the opposite direction; (d) The granting of the subject waiver is not a special privilege in that it has been granted in similar circumstances for historic properties undergoing an adaptive reuse to commercial from residential. Last, the granting of the waiver permits the maintenance of the residential character on the subject property, thereby accomodating the adaptive reuse of a historic structure without significantly altering the character of the property or impacting the historic streetscape. Based on the above, positive findings can be made with respect to LDR Section 2.4.7(B)(5). RECOMMENDATION Depth: Approve a waiver to LDR Section 4.6.9(D)(2)(b), to reduce the minimum required combined depth of alley and parking spaces from 42' to 39'6", based upon positive findings with respect to the LDR Section 2.4.7(B)(5). Parking Space Width: Approve a waiver to LDR Section 4.6.9(D)(2)(b), to reduce the required parking space width from 10' to 9', based upon positive findings with respect to the LDR Section 2.4.7(B)(5). Off-Street Parking Regulations, Point of Access to the Street System, Maximum and Minimum Width: Approve a waiver to LDR Section 4.6.9(D)(3)(a-b), to reduce the required driveway width from 20' to 18' at the point of access from North Swinton Avenue, based upon positive findings with respect to the LDR Section 2.4.7(B)(5). 'HUSTORIC PRESERVATION BOARD CITY T MEETING DATE: October 1, 2014 ITEM; 202 North Swinton Avenue, Old School Square Historic District - Certificate of Appropriateness and Class V Site Plan (2014-224) for a change of use from residential to office, and associated site improvements. GENERAL DATA: Owner:... ................... Charlotte Danciu Agent:........................ Currie Sowards Aguila Architects N.E. 5TH F ST.� � Location:............... ...... 202 North Swinton Avenue LAKE I D A RD, N are �,, Property Size:,............. .32 acres Future Land Use Map:.,. Other Mixed Use (OMU) Current Zoning:....... Old School Square Historic Arts District - -- - ------ (OSSHAD) -- - w Ad'acent Zoning'....­­ __ _.._...__.. __ __ w J g:........., _ _T _T Q.. ... _._ North: OSSHAD N,w, fto 5r, N.E. 3RD Si. South: OSSHAD East: OSSHAD West. OSSHAD Existing Land Use:........ Single-Family Proposed Land Use:..... Office j -- N.w. 2ND ST. N.E. 2ND S7, Water Service:............ Existing on site - - -- - - Sewer Service:............ Existing on site - - _. ._ ...... . A........... 1ST N ATLANTic AVE ITEM BEFORE THE BOARD The item before the Board is consideration of a Certificate of Appropriateness (COA), Class V Site Plan, and waiver requests for 202 North Swinton Avenue, Old School Square Historic District, pursuant to LDR Section 2.4.5(F). The subject property is located on the northwest corner of North Swinton Avenue and NW 2nd Street/Dr. Martin Luther King, Jr. Drive. BACKGROUND AND PROJECT DESCRIPTION The subject property consists of Lots 11 and 12, Block 58, Town of Delray, and is zoned Old School Square Historic Arts District (OSSHAD). Located within the Old School Square Historic District, the property contains a two-story, Frame-Vernacular style residence constructed in 1930, and is classified as contributing to the historic district. A detached storage structure is located at the southwest corner of the property. At its meeting June 1, 2011, a Class V Site Plan and Certificate of Appropriateness (2014-224) were approved by the HPB for the change of use from single-family residence to professional office, and associated site improvements. Three waivers were subsequently approved by the City Commission at its meeting of June 21, 2011. The first waiver was to LDR Section 4.&%D)(2)(b), to reduce the minimum required combined depth of alley and parking spaces from 42' to 39'6". The second waiver was to LDR Section 4.6.9(D)(2)(b), to reduce the required parking space width from 10' to 9'. The third waiver was to 4.6.9(D)(3)(a-b), to reduce the required driveway width from 20' to 18' at the point of access from North Swinton Avenue. The approved improvements never commenced, and the approval expired on June 1, 2013. There are no other prior COAs on file for the subject property. The subject request duplicates the 2011 approval, and is for a change of use from single-family residential to Professional Office, and consists of the following site improvements: • Four (4) parking spaces (concrete) along the alley at the rear of the property; • Three (3) parking spaces (pavers) gaining access from North Swinton Avenue, at the front of the property; • Removal of existing circular driveway (asphalt); • Associated landscaping improvements. Three waiver requests, the same as those previously approved, have been requested as follows: • LDR Section 4.6.9(D)(2)(b), to reduce the required back-out depth from 42' to 39'6" for parking along the alley; • LDR Section 4.6.9(D)(2)(b), to reduce the required parking space width along an alley from 10' to 9'; • LDR Section 4.6.9(D)(3)(b), to reduce the required ingress & egress driveway width from 20' to 18'. It is noted that there are no exterior changes to either the historic structure or the storage building. The subject COA, Class V Site Plan Application, and waiver requests are now before the Board for consideration. SITE PLAN & DEVELOPMENT STANDARDS Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the site and development applicationlrequest. Article 4.3, District Regulations, Special Provisions Section 4.3.3(x), Development Standards Properties located within the OSSHAD zoning district shall be developed according to the requirements in the chart below. As illustrated, the proposal is in compliance with the applicable requirements: .. Required Proposed ....... .... Height (Maximum) 35' NIA* Front Setback (East) 25' 40'* .. _.._..._ ....__.. Side Street Setback (South) 15' 19'6 __ Sid.....e Interior (North) T6" 41' Rear Setback (West) 10 6`* J ... Open Space lar 25% 59% O en S ace (Non-Vehicu ) Lot Coverage 40% 41% No Change to Existing *"Setback of accessory structure is presently 3'; reduced to 6"due to required right of way dedication of 2'6". STAFF COMMENT: The proposed improvements meet the requirements of the Development Standards noted above. As indicated, the storage building is presently situated approximately three feet (3') from the property line, where a minimum setback of ten feet (10') is required. This setback will be further reduced by the required right of way dedication, resulting in a six inch (6") setback. Article 4.4, Base Zoning District Section 4.4.24, OSSHAD (13)(3), Principal Uses and Structures Business, Professional, Medical and Governmental Offices are allowed within the OSSHAD as permitted uses. (G)(3), Supplemental District Regulations All parking, except for single family homes and duplexes, shall be located in the side or rear yard or adjacent to a rear alley. No such parking shall be located in the area between any street and the closest building or structure. (G)(4)(d), Parking Requirements Business and professional offices shall provide one (1) space per 300 sq. ft. of total new or existing net floor area being converted to office use. This requirement may be reduced to one parking space per 400 sq.ft. of net floor area, or by at least one space, where there is a mix of residential and office use in the same structure. STAFF COMMENT: The proposed office use is permitted in the OSSHAD zoning district. The noted "net floor area" devoted to office use measures 842.18 square feet, which requires three (3) parking spaces. The proposal includes the provision of four (4) spaces including one handicap located along the alley at the rear of the property, as well as three (3) spaces gaining access from the front of the property, for a total of seven (7) parking spaces. Thus, the applicable OSSHAD requirements noted above have been met. Article 4.6: Supplemental District Regulations Section 4.6.6, Commercial and Industrial Uses to Operate Within a Building (C)(1), Restrictions on Outside Usage Dumpsters, recycling containers and similar service areas must be enclosed on three sides with vision obscuring gates on the fourth side, unless such areas are not visible from any adjacent public right-of-way. STAFF COMMENT: The location of recycling and trash bins has been indicated on a concrete pad to the west side of the historic structure and surrounded by landscaping between the parking area and the historic structure. Therefore, positive findings can be made. Section 4.6.8, Lighting (A)(1), Luminaries Height Maximum height allowed for luminaries in Commercial Parking Lots is 25'. (A)(2), Cutoff Luminaire Required All perimeter exterior lighting shall be full cutoff luminaries to minimize spillover on adjacent properties. In order to decrease urban glow, no luminaries shall be directed upwards. (A)(3), Illumination Standards illumination standards for the subject property apply as follows: Type of Lighting Illumination Foot Candles Maximum 1 Proposed Minimum 1 Proposed Avera e Office Parking Lot: Front 12.013.8 1,0 / .8 2.2 Office Parking Lot: Rear 12,0 / 1.5 1.0 / .6 1.0 STAFF COMMENT: The proposed lighting consists of two (2) 17' tall, concrete poles with an acorn style light fixture adjacent to either side of the front parking area, while a 12' tail, concrete pole with acorn style light fixture is proposed in front of the parking along the alley. The proposed lighting style is appropriate to the historic property. The average foot candle calculation is within the required maximum and minimum foot candles. Therefore, the proposal meets the requirements of the subject Section. Section 4.6.9, Off-Street Parking Regulations (C)(1)(c)(3), Bicycle Parking Bicycle parking facilities shall be provided in a designated area by a fixed or stationary bike rack for any non-residential use within the City's TCEA which, through the development review process, is determined to generate a demand. STAFF COMMENT: A bike rack has been provided at the front of the historic structure, and is decorative in nature as it is in the abstract shape of a boy. The color of the bike rack is red to coordinate with the existing trim color on the historic structure. While it is appreciated that the proposed style is not the typical or generic style more commonly found on non-historic properties, bicycle racks are typically more in keeping with the architectural style of the building. Therefore, the Board may want to consider that the applicant revise the style of bike rack, while recognizing that it was approved with the previous submittal. Section 4.6.9, Off-Street Parking Regulations (D)(2)(b), Provisions for Ingress and Egress Each required parking space shall be accessible at all times. Access which conforms with minimal aisle standards and which includes maneuvering area so that a vehicle must be able to enter and exit the parking area onto a street or alley in a forward manner shall be provided, except when the parking is adjacent to an alley and the parking space and alley have a combined minimum depth of 42' and a minimum width of ten feet (90) and the location of parked vehicles does not impair sight distance of pedestrians or vehicles utilizing the alley,- STAFF COMMENT: The combined depth of the rear parking spaces and the alley measures approximately 39'6", whereas a combined depth of 42' is required, for a deficiency of 2'6". Further, the parking spaces measure nine feet (9') wide, as opposed to the required ten feet (10'). Therefore, a waiver to reduce the depth of the parking area, and the width of the parking spaces has been submitted and is analyzed in the next section of this report. (D)(3)(a-b), Point of Access to the Street System, Maximum and Minimum Width The point of access to a street or alley shall be a maximum of twenty-four feet (24) and shall not be less than: 24' for a normal two-way private street or parking lot driveway aisle, 20' for a private driveway which has less than 200 ADT, 12'for a one-way driveway or parking lot aisle. STAFF COMMENT: A broken asphalt circular drive exists at the front of the property; the entry points are located towards the northeast corner of the property and, until recently, at the southeast corner with access from NW 2"d Street/MLK Drive. The access from NW 2nd Street was removed with the recent beautification project along this street. The proposal removes the existing driveway, and provides for a brick paver parking area with an 18' wide entry off of North Swinton Avenue, towards the northwest corner of the property. The entry continues into a three (3) space parking area consisting of two (2) standard spaces, and one (1) compact space, and provides two (2) back out areas, one for each side. All other measurements associated with this parking area are met with the exception of the width at the point of access with North Swinton Avenue. Due to the proposed aisle width which does not meet the minimum 20' requirement for a two-way drive aisle, a waiver request has been submitted and is analyzed in the next section of this report. Section 4.6.16, Landscape Regulations The existing landscape conditions, which consist of dilapidated Mango trees, Frangipanis, decimated Seagrape, and utility-bound Royal Poinciana, are significantly deficient. The proposed improvements include the installation of tropical flowering shrubs and native canopy trees. These enhancements are exemplary in that they will provide for an infused tropical/native aesthetic along the historic streetscape of North Swinton Avenue. The subject application has been reviewed for technical compliance by the City's Senior Landscape Planner and was found to be in compliance with the subject Section. Technical Review— Engineering The subject application has been reviewed for technical compliance by the Engineering Department and was found to be in compliance with the exception of the following: 1. Indicate location of existing sewer service including cleanouts on Civil Plans. 2. Indicate 2'6" right-of-way dedication in alley will be paved. 3. Provide a combined minimum depth of 42-feet for alley and parking space and a minimum width of 10-feet when parking is adjacent to an alley per LDR Section 4.6.9 (D)(2)(b). 4. Indicate handicap spaces are to be provided in accordance with LDR Section 4.6.9 (D)(8)(d); City of Delray Beach Construction Standard Detail RT 4.2; and the Florida Building Code, Chapter 11, Accessibility Code for Building Construction. 5. Provide drainage calculations that address site retention for water quantity. At a minimum, design for the difference between pre-development and post-development runoff for the 10yr.124 hr, storm event. STAFF COMMENT: Item 2 above is actually a 2'6" right of way dedication, as the existing alley measures fifteen feet (15) wide; this area to be dedicated is noted on the plans. Item number 3 will be addressed through the waiver process, reviewed and analyzed further in the section that follows. However, if the requested waivers are not approved, compliance will be required, as noted above. The balance of the Engineering comments above can be addressed through the Site Plan Certification process and included as conditions of approval. Therefore, the proposal meets the requirements of the subject Section. Right of Way The existing right of way for North Swinton Avenue measures sixty-six feet (66'), with a paved travel lane measuring twenty-four feet (24') wide. The Transportation Element of the City's Comprehensive Plan calls for a 60' right of way. Therefore, no additional right of way is required for North Swinton Avenue. The existing right of way for NW 2nd Street/Dr. Martin Luther King, Jr. Drive measures fifty feet (50) with a paved travel lane measuring 235. The Transportation Element of the City's Comprehensive Plan calls for a 50' right of way. Therefore, no additional right of way is required for NW 2 d Street/Dr. Martin Luther King, Jr. Drive. WAIVER REQUESTS Section 2.4.7, Procedures for Obtaining Relief from Compliance with the i_DRs (13)(5), Waivers: Findings Prior to granting a waiver, the approving body shall make a finding that the granting of the waiver (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and (d) Does not result in the granting of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Section 4.6.9, Off-Street Parking Regulations (D)(2)(b), Provisions for Ingress and Egress Each required parking space shall be accessible at all times. Access which conforms with minimal aisle standards and which includes maneuvering area so that a vehicle must be able to enter and exit the parking area onto a street or alley in a forward manner shall be provided, except when the parking is adjacent to an alley and the parking space and alley have a combined minimum depth of 42' and a minimum width of ten feet (90) and the location of parked vehicles does not impair sight distance of pedestrians or vehicles utilizing the alley, STAFF COMMENT: Depth The proposed combined width for the alley and adjacent parking measures approximately 39'6", for a deficiency of 2'6". The measurement consists of 22' parking spaces, the 2'6" right of way dedication along the alley, and the 15' wide alley, It should be noted that while the adjacent property west of the alley has already been developed (1990s), it does not appear that an alley dedication was required at that time. The LDRs and Comprehensive Plan call for alleys to be improved to a width of 20', and therefore, development projects are typically required to dedicate half the balance of the total width. Nevertheless, the property across the alley is able to accommodate the required 42' from the front of the parking spaces to the other side of the alley. Therefore, the subject property may reduce the provided depth by two feet, six inches (2'6"), for a total measurement of 39'6", as the required 42' would be provided upon dedication across the alley at a later date. Parking Space Width The parking spaces along the alley measure nine feet (9') wide, which is the requirement for standard spaces. However, when adjacent to an alley, the required width is increased to ten feet (10) to ensure improved vehicular maneuverability and pedestrian or traffic visibility. The waiver request states the following-. '...Our reasoning for locating our proposed new spaces where shown was two-fold. First, we have a small number of parking spaces provided (4) which will be used generally by the principal building occupants and include one handicapped space. The second is the location of our proposed parking being right across the alley from other existing spaces that are set back from the alley nine extra feet already. The cumulative dimension between the two properties on either side of the alley is sixty-six and one-half feet A standard drive aisle in a parking lot with parking on both sides is required to be a total of sixty-feet. Clearly the traffic and maneuvering impact is much less in this condition. Another concern was the desire to maximize the green or landscape area for this site by not shifting the parking stalls the additional two and one-half feet to the east thus decreasing the green area by almost 100 hundred square feet. We believe this landscape area is more desirable and clearly not a detrimental situation. On the issue of parking stall width, we believe that the minimal amount of traffic experienced in this alley and the limited number of spaces at issue does not warrant the wider parking stalls and having an extra parking space far outweighs this requirement of the LDR. Some points for the Board and Commission to consider in this request include: a) The combination of existing conditions and what we are proposing more than complies with the intent of this section of the LDR and approval of this request will not adversely affect the neighboring area; b) The provision of public facilities will not be diminished as they would not be affected by this request; c) An unsafe situation will not be created since in combination with the existing condition at this location will be safe and does not impair the sight distance of pedestrians or vehicles,- and, d) The granting of this waiver will not be considered a special privilege in that there is ample space and minimal traffic at this location." In consideration of the criteria noted above, the request may be analyzed as follows: (a) The waiver relative to the back-out depth reduction from 42' to 39'6" would not adversely affect the neighborhood in that there will be sufficient maneuvering area for a vehicle and will not impose ingress and egress hazards along the alley to impact those utilizing the subject spaces, the spaces on the adjacent property, or traveling through the alley. The parking space width reduction from 10' to 9' is also supportable in that it is standard and not required to increase in other instances. Further, this reduction has been supported in cases where the impact would be greater; (b) The provision of public facilities should not be impacted by either reduction; (c) The creation of an unsafe situation is not of concern as the depth reduction will still provide sufficient ability to maneuver in and out of the parking spaces, even when reduced to 9'; (d) The granting of the subject waiver is not considered a special privilege relative to the depth in that the requirement would be met once the additional right of way it provided from the property on the west side of the alley. Additionally, the parking space width is not considered a special privilege in that this has been approved in similar cases providing parking off of an alley; provided the required or sufficient amount of depth was also provided. Given the above, positive findings can be made. Section 4.6.9, Off-Street Parking Regulations (D)(3)(a-b), Point of Access to the Street System, Maximum and Minimum Width The point of access to a street or alley shall be a maximum of twenty-four feet (24') and shall not be less than.-24' for a normal two-way private street or parking lot driveway aisle, 20' for a private driveway which has less than 200 ADT, 92'for a one-way driveway or parking lot aisle. STAFF COMMENT: As previously noted, the proposed 18' wide, two-way driveway aisle does not meet the minimum 20' width (57 ADT have been calculated), as the maintenance of a residential character and scale is desired. The waiver request states the following: "...Our reasoning for this request is that we are only providing three seldom used parking spaces in this visitor only parking area and don't anticipate the volume of traffic warranting more that (sic) the eighteen feet proposed. The existing drive that we are improving as part of this project is currently nine feet, just as several other existing drives in this area of Swinton Avenue. Some points for the Board and Commission to consider in this request include: a) The minimum number of spaces in this new parking lot does not warrant a twenty- four foot drive and approval of this request will not adversely affect the neighboring area; b) The provision of public facilities will not be diminished as they would not be affected by this request; c) An unsafe situation will not be created due to the minimal traffic that would be generated, and, d) The granting of this waiver will not be considered a special privilege in that there are many other existing driveways in the immediate area that are in-fact less than what we are proposing." In consideration of the criteria noted above, the request may be analyzed as follows: (a) The subject waiver should not adversely affect the neighboring area in that the proposed size is in keeping with the residential scale desired in the historic district, while providing adequate room for vehicular traffic to enter and exit the site; (b) The provision of public facilities should not be impacted; (c) There do not appear to be any safety concerns of significance, as the width provided is equal to two parking spaces, thereby providing adequate space for 2 vehicles to pass, particularly given the minimal number of trips and the clear visibility in this area. Additionally, the number of parking provided in this area is minimal (3), and should not pose a problem relative to the width. Further, there is sufficient space within the parking area to be utilized when one car is waiting on another to either enter or exit when traveling in the opposite direction; (d) The granting of the subject waiver is not a special privilege in that it has been granted in similar circumstances for historic properties undergoing an adaptive reuse to commercial from residential. Further, the granting of the waiver permits the maintenance of the residential character on the subject property. Given the above support, positive findings can be made with respect to the subject waiver request. LDR SECTION 4.5.1, HISTORIC PRESERVATION DISTRICTS AND SITES (E) Development Standards All new development or exterior improvements on individually designated historic properties and/or properties located within historic districts shall, comply with the goals, objectives, and policies of the Comprehensive Plan, the Delray Beach Historic Preservation Design Guidelines, the Secretary of the Interior's Standards for Rehabilitation, and the Development Standards of this Section. (E)(3) Buildings, Structures, Appurtenances and Parking Buildings, structures, appurtenances and parking shall only be moved, reconstructed, altered, or maintained, in accordance with this chapter, in a manner that will preserve the historical and architectural character of the building, structure, site, or district. (E)(3)(b) Parking 1. Parking areas shall strive to contribute to the historic nature of the properties/districts in which they are located by use of creative design and landscape elements to buffer parking areas from adjacent historic structures. At a minimum, the following criteria shall be considered: a. Locate parking adjacent to the building or in the rear. b. Screen parking that can be viewed from a public right-of-way with fencing, landscaping, or a combination of the two. c. Utilize existing alleys to provide vehicular access to sites. d, Construct new curb cuts and street side driveways only in areas where they are appropriate or existed historically. e. Use appropriate materials for driveways. f, Driveway type and design should convey the historic character of the district and the property. STAFF COMMENT: The proposed parking area at the front of the property is situated to the side of the structure; additional landscaping will be installed throughout the front of the property which will offset the visibility of the parking area while maintaining visibility at the entrance point of the driveway. The existing curb cut will be maintained and slightly widened to accommodate the additional width for a two-way driveway. The driveway and parking area at the front of the property will be appropriately finished with pavers to match the City's standard blend. Additional parking is provided to the rear of the property off of the alley. Given the proposed conditions, positive findings can be made with respect to the subject LDR Section. (E)(5) Standards and Guidelines A historic site, building, structure, improvement, or appurtenance within a historic district shall only be altered, restored, preserved, repaired, relocated, demolished, or otherwise changed in accordance with the Secretary of the interior`s Standards for Rehabilitation, and the Delray Beach Historic Preservation Design Guidelines, as amended from time to time. A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment. STAFF COMMENT: The change of use and its associated improvements require minimal change to the site as the improvements are primarily associated with the provision of parking and associated landscaping, all of which strive to maintain the residential character of the property. Therefore, positive findings can be made with the respect to the Standard noted above. (8) Visual Compatibility Standards New construction and all improvements to both contributing and noncontributing buildings, structures and appurtenances thereto within a designated historic district or on an individually designated property shall be visually compatible. In addition to the Zoning District Regulations, the Historic Preservation Board shall apply the visual compatibility standards provided for in this Section with regard to height, width, mass, scale, facade, openings, rhythm, material, color, texture, roof shape, direction, and other criteria set forth elsewhere in Section 4.5.1. STAFF COMMENT: A review of the Visual Compatibility Standards was made and the proposed site improvements were found to be in compliance with their intent. The change of use is appropriate and provides for the adaptive reuse of the structure as an office, while minimizing the impact of the required improvements on the property and historic district as a whole. Therefore, positive findings can be made. REQUIRED FINDINGS Pursuant to LDR Section 3.1.1, Required Findings, Prior to the approval of development applications, certain findings must be made in a form which is a 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. (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. STAFF COMMENT The subject property has a FLUM (Future Land Use Map) designation of OMU (Other Mixed Use) and zoning designation of OSSNAD. The zoning district is consistent with the OMU Future Land Use Map designation. The office use is permitted, and therefore, its establishment is appropriate. Thus, positive findings can be made with respect to Future Land Use Map consistency. (B) CONCURRENCY: Concurrency 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 Comprehensive Plan. STAFF COMMENT The applicable Concurrency items are noted as follows: Streets and Traffic: The property is located within the TCEA, and therefore, a Traffic Study is not required. The submitted Traffic Statement indicates an increase of 7 AM peak hour trips and 9 PM peak hour trips. As the total peak hour traffic generation from the proposed change of use is less than 20 peak hour trips, the new use will have an insignificant impact. Solid Waste: Trash generation is based upon the worst case scenario of office use. Trash generated each year by the proposed conversion of 842 square feet of office use will be 2.27 tons of solid waste per year (842 x 5.412,000 = 2.27). The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals until the year 2045, thus a positive finding with respect to this level of service standard 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, 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. STAFF COMMENT As described in Appendix A, a positive finding of consistency can be made as it relates to Standards for Site Plan Actions, subject to compliance with the recommended direction. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objectives or policies were noted: Future Land Use Objective A-1 Property shall be developed or redeveloped, in a manner so that the future use, intensity and density are appropriate in terms of soil, topographic, and other applicable physical considerations, encourage affordable goods and services; are complementary to and compatible with adjacent land uses; and fulfill remaining land use needs. STAFF COMMENT The change of use to office is appropriate and compatible as it is a permitted use, and will provide for the adaptive reuse of the historic structure. Therefore, the proposal to establish office use on the subject property is consistent with the subject Objective. Future Land Use Objective A-4 The redevelopment of land and buildings shall provide for the preservation of historic resources. The objective shall be met through continued adherence to the City's Historic Preservation Ordinance and, where applicable, to architectural design guidelines through the following policies: Future Land Use Policy A-4.1 Prior to approval or recommending approval of any land use or development application for property located within a historic district or designated as a historic site, the Historic Preservation Board must make a finding that the requested action is consistent with the provisions of Section 4.5.1 of the Land Development Regulations relating to historic sites and districts and the "Delray Beach Design Guidelines". STAFF COMMENT The proposal is consistent with the Objective and Policy noted above as it provides "for the preservation of historic resources", and a positive finding to Section 4.5.1 has been made. (D) Compliance with LDRs; Whenever an item is identified elsewhere in these Land Development Regulations (LDRs), it shall specifically be addressed by the body taking final action on a land development application/request. Such items are found in Section 2,4.5 and in special regulation portions of individual zoning district regulations. STAFF COMMENT Those major concerns noted are primarily associated with the requested waivers, and should be addressed either by denying the waivers and/or requiring that revisions be made. There are other less significant items which have also been noted and should also be addressed prior to making a positive finding of consistency with the LDRs. REVIEW BY OTHERS The Community Redevelopment Agency (CRA) considered the subject request and recommended approval at its September 12, 2014 meeting. ASSESSMENT AND CONCLUSION The development proposal involves the conversion of a historic single family home to office use which consists of no changes or alterations to the historic structure. The change of use includes required site improvements such as the front parking area consisting of just three (3) spaces, and the rear parking, consisting of just four (4) spaces, in addition to significant landscaping improvements. The proposal is consistent with Section 3,11.1 and Section 2.4.5(F)(5) of the Land Development Regulations and policies of the Comprehensive Plan upon compliance with the recommended conditions of approval. ALTERNATIVE ACTIONS A. Continue with direction. B. Move approval of the request for the Certificate of Appropriateness, Class V site plan, and waiver requests (2014-224) for the property located at 202 North Swinton Avenue, Old School Square Historic District, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in the Land Development Regulations, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. C. Move denial of the request for the Certificate of Appropriateness, Class V site plan, and waiver requests (2014-224) for the property located at 202 North Swinton Avenue, Old School Square Historic District, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in the Land Development Regulations, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. (Motion to be phrased in the affirmative. See above.) STAFF RECOMMENDATION By Separate Motions: Certificate of Appropriateness, Site Plan, Landscape Plan, and Photometric Plan Approve the request for the Certificate of Appropriateness and Class V Site Plan (2014-224) for the property located at 202 North Swinton Avenue, Old School Square Historic District, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in the Land Development Regulations, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation, subject to the following conditions: 1. That the a 2'6" alley dedication be approved by the City Commission prior to Site Plan Certification; 2. That the location of existing sewer service including cleanouts be indicated on Civil Plans. 3. That a note be provided to indicate the paving of the area to be dedicated along the alley; 4. That the plans indicate that handicap spaces are to be provided in accordance with LDR Section 4,6.9 (D)(8)(d); City of Delray Beach Construction Standard Detail RT 4.2; and the Florida Building Code, Chapter 11, Accessibility Code for Building Construction.; and, 5. That drainage calculations be provided that address site retention for water quantity. At a minimum, design for the difference between pre-development and post-development runoff for the 10yr.124 hr. storm event. Waiver: 4.6.9(D)(2)(b), Off-Street Parking Regulations, Provisions for Ingress and Egress Depth: Recommend approval to the City Commission of a waiver to LDR Section 4.6.9(D)(2)(b), to reduce the minimum required combined depth of alley and parking spaces from 42' to 39'6", based upon positive findings with respect to the LDR Section 2.4.7(B)(5). Parking Space Width: Recommend approval to the City Commission of a waiver to LDR Section 4.6.9(D)(2)(b), to reduce the required parking space width from 10' to 9', based upon positive findings with respect to the LDR Section 2.4.7(13)(5). Waiver: 4.6.9(D)(3)(a-b), Off-Street Parking Regulations, Point of Access to the Street System, Maximum and Minimum Width Recommend approval to the City Commission of a waiver to LDR Section 4.6.9(113)(3)(a-b), to reduce the required driveway width from 20' to 18' at the point of access from North Swinton Avenue, based upon positive findings with respect to the LDR Section 2.4.7(B)(5). Report Prepared By:Amy E. Alvarez, Historic Preservation Planner APPENDIX A STANDARDS FOR PLAN ACTIONS A, Building design, landscaping, and lighting (glare) shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. Not applicable Meets intent of standard X Does not meet intent B. Separation of different forms of transportation shall be encouraged. This includes pedestrians, bicyclists, and vehicles in a manner consistent with policies found under Objectives D-1 and D-2 of the Transportation Element. Not applicable Meets intent of standard X _ Does not meet intent C. Open space enhancements as described in Policies found under Objective B-1 of the Open Space and Recreation Element are appropriately addressed. Not applica.ble X Meets intent of standard Does not meet intent D. The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood. If it is determined that the widening or modification will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted. Not applicable X Meets intent of standard Does not meet intent E. Development of vacant land which is zoned for residential purposes shall be planned in a manner which is consistent with adjacent development regardless of zoning designations. Not applicable X Meets intent of standard Does not meet intent F. Vacant property shall be developed in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. Not applicable X Meets intent of standard Does not meet intent G. Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in the Housing Element. This shall be accomplished through the implementation of policies under Objective D-2 of the Housing Element. Not applicable I X Meets intent of standard Does not meet intent H. The City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Not applicable Meets intent of standard X Does not meet intent 1. Development shall not be approved if traffic associated with such development would create a new high accident location, or exacerbate an existing situation causing it to become a high accident location, without such development taking actions to remedy the accident situation. Not applicable Meets intent of standard X Does not meet intent J. Tot lots and recreational areas, serving children from toddler to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. Not applicable I X Meets intent of standard Does not meet intent C U R R I E Robert G. Currie, FAIR SOWARDS Jess M. Sowards, AIA, LEEDAP A U I LA Jose N, Aguila, AIA, LEER AP architects August 15, 2014 Ms. Amy Alvarez, Historic Preservation Planner Delray Beach Historic Preservation 100 NW 1St Avenue Delray Beach, Florida 33444 Re: Danciu Office—Waiver Request LDR 4.6.9(D)(3)(b) 202 North Swinton Avenue Dear Amy: Please consider this our formal request for a waiver as required per LDR Section 2.4.7 (B) regarding the issue of access to street system to be a minimum of 24 feet. In this case, LOR section 4,6.9(D)(3)(b) requires that two-way drives to a street be a minimum of 24 feet in width and we are proposing eighteen. Our reasoning for this request is that we are only providing three seldom used parking spaces in this visitor only parking area and don't anticipate the volume of traffic warranting more that the eighteen feet proposed. The existing drive that we are improving as part of this project is currently nine feet,just as several other existing drives in this area of Swinton Avenue. Some points for the Board and Commission to consider in this request include: a) The minimum number of spaces in this new parking lot does not warrant a twenty-four foot drive and approval of this request will not adversely affect the neighboring area; b) The provision of public facilities will not be diminished as they would not be affected by this request; C) An unsafe situation will not be created due to the minimal traffic that would be generated; and, d) The granting of this waiver will not be considered a special privilege in that there are many other existing driveways in the immediate area that are in-fact less than what we are proposing. Based on the above,we respectfully request for favorable recommendation for granting a waiver for compliance with LDR requirements of this section. As required, a check in the amount of$150.00 is attached. Sincerely, CURRIE SOWARDS AGUILA ARCHITECTS 6a),V_ Jose N. Aguila, AIA, LEED AP Principal Architecture, Planning, Interiors, Sustoinable Design 185 NE4th Avenue,Suite 101,Delray Beach,FL 33483 T561-276-4-951 F561-243-8184 www.cso-orchitects.com A 2601584 CUR )E Robert G. Currie, FAIR OWA R D 5 Jess M. Sowards,AIA, LEED AP A U I LA Jose N. Aguila, AIA, LEED AP n. arcs-iitects August 15, 2014 Ms. Amy Alvarez Historic Preservation Planner Delray Beach Historic Preservation 100 NW 15t Avenue Delray Beach, Florida 33444 Re: Dandu Office—Waiver Request LDR 4.6.9(D)(2)(b) 202 North Swinton Avenue Project No. 101204 Dear Amy: Please consider this our formal request for two waivers as required per LDR Section 2.43 (B) regarding the issue of the required combined depth of the parking stall and alley to be a minimum of 42 feet in length and parking spaces be 10 feet in width. In this case, the LDR section 4.6.9(D)(2)(b) requires that when you park along an alley,that the combined distance including the parking stall and the alley be a minimum of forty-two feet and we are proposing thirty-nine and a half feet, or a deficiency of two and one half feet. Our reasoning for locating our proposed new spaces where shown was two-fold. First,we have a small number of parking spaces provided (4) which will be used generally by the principal building occupants and include one handicapped space. The second is the location of our proposed parking being right across the alley from other existing spaces that are set back from the alley nine extra feet already. The cumulative dimension between the two properties on either side of the alley is sixty-six and one-half feet. A standard drive aisle in a parking lot with parking an both sides is required to be a total of sixty-feet. Clearly the traffic and maneuvering impact is much less in this condition. Another concern was the desire to maximize the green or landscape area for this site by not shifting the parking stalls the additional two and one-half feet to the east thus decreasing the green area by almost 100 hundred square feet. We believe this landscape area is more desirable and clearly not a detrimental situation. On the issue of parking stall width, we believe that the minimal amount of traffic experienced in this alley and the limited number of spaces at issue does not warrant the wider parking stalls and having an extra parking space far outweighs this requirement of the LDR. Some points for the Board and Commission to consider in this request include; a) The combination of existing conditions and what we are proposing more than complies with the intent of this section of the LDR and approval of this request will not adversely affect the neighboring area; Architecture, Planning, Interiors,Sustainable Design 185 NE 4th Avenue,Suite 101,Delroy Beach,FL 33483 T 561-276-4951 F 561-243-8184 www.cso-architects.com AA26001584 b) The provision of public facilities will not be diminished as they would not be affected by this req uest; C) An unsafe situation will not be created since in combination with the existing condition at this location will be safe and does not impairthe sight distance of pedestrians orvehicles; and, d) The granting of this waiver will not be considered a special privilege in that there is ample space and minimal traffic at this location. 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LL�w� � F Zw 14 g _ jA w � w a� �AH ua'NF« _ o a Ax6 a POLY� amk a Rio! H S<- — ,OO'9Ol M virtu awa orvusiv—xHO roxo �w e ZOZ IZ='A313#' c yrj° a - a�0Ni117ine s i z m w;w oM, �. pm a = N _ a 3 -_ z - Z w e _ w IW xY s C Hill U li B 'ONOO \ c 3 O c o z W z \ VV E o 0 0� owo ¢ it i i wQ> Z a i Jlp IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUESTS FOR 202 N. SWINTON AVENUE 1. These waiver requests came before the City Commission on December 2, 2014. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver requests for 202 N. Swinton Avenue. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. Waivers: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. A. Waiver to LDR Section 4.6.9(D)(2)(b) Pursuant to LDR 4.6.9(D)(2)(b), access which conforms with minimal aisle standards and which includes a maneuvering area so that a vehicle must be able to enter and exit the parking area onto a street or alley in a forward manner shall be provided, except when the parking is adjacent to an alley and the parking space and alley have a combined minimum depth of 42 feet and a minimum width of ten feet and the location of parked vehicles does not impair sight distance of pedestrians or vehicles utilizing the alley. 1. Depth: The applicant is requesting relief to reduce the required depth from 42 feet to 39 feet 6 inches. Should the waiver to Section 4.6.9(D)(2)(b) to reduce the minimum depth of alley and parking spaces from 42 feet to 39 feet 6 inches be granted? Yes No 2. Width: The applicant is requesting relief to reduce the required parking space width from 10 feet to 9 feet. Should the waiver to LDR Section 4.6.9(D)(2)(b) to reduce the parking space width from 10 feet to 9 feet be granted? Yes No B. Waiver to LDR Section 4.6.9(D)(3)(b) Pursuant to LDR Section 4.6.9(D)(3)(b), the point of access to a street or alley shall not be less than 24 feet for a normal two-way private street or parking lot driveway aisle. The applicant is proposing a point of access with a width of 18 feet from North Swinton Avenue. Should the waiver to Section 4.6.9(D)(3)(b) to reduce the point of access width from 24 feet to 18 feet be granted? Yes No 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 2 5. Based on the entire record before it, the City Commission approves denies these waiver requests. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 2nd day of December 2014, by a vote of in favor and opposed. ATTEST: Cary D. Glickstein, Mayor Chevelle Nubin, City Clerk 3 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 9.B.-REGULAR COMMISSION MEETING OF DECEMBER 2,2014 WAIVER REQUEST/150 ANDREWS AVENUE BACKGROUND The subject property is a 21,349 sq. ft. (0.49 acre) parcel containing an existing 12-unit condominium building (Beach House of Delray) constructed in 1953. The development proposal calls for demolition of the existing 2-story, 12-unit condominium development and construction of a proposed 3-story, 6- unit fee simple townhome development with a swimming pool and 2-car garage serving each unit. The proposed density of 12 units per acre includes aggregation of a 453 sq. ft. (0.01 acre) vacant parcel located in the southwest corner of the site which affects Lot 3 of the Wallace Square Plat as recorded in the Palm Beach County Record Book 67 Page 2. Waiver Justification: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Minimum 40' Sipht Visibility Triangle: Pursuant to LDR Section 4.6.14(B)(6), forty foot (40') sight visibility triangles are required and are not met. The forty foot (40') sight visibility triangle is obstructed by the 3-story townhome buildings at both intersections (i.e. Luke Lane and Andrews Avenue). The applicant is requesting a waiver to this requirement to account for twenty-five foot(25') sight visibility triangles. Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. The applicant has provided the following verbatim justification: "The location for this project is adjacent to a Single Family Zone where sight triangle requirements are 25'-0". In fact, this property shares an intersection at Luke Lane/Thomas Street which has a corner opposite this project which has a 25'sight triangle requirement. The project contains only 6 fee simple townhouse units with garages equally dispersed on (3) ROW'S so there will be very little impact with additional vehicular traffic. In addition, it is important to note that all the ROW'S will have curb and gutter defining the edge of the roadway. If the sight triangle was measured from this defined edge of road instead of the property line it would be 51'. The structures being proposed outside the 25' site triangle are masonry walls with a portion of horizontal railing which is also more transparent." The reduction of the forty foot (40') sight visibility triangles to twenty-five feet (25') at the intersection of the two (2) rights-of-ways at the property line for Thomas Street at Luke Lane and Andrews Avenue is deemed necessary, given that the proposed 3-story townhome buildings (Units C3 & C4) will intersect the 40' visibility triangle at twenty-five feet (25'). A reduced twenty-five foot (25') sight visibility triangle will not present a danger to vehicular traffic or pedestrians. Staff agrees that the sight visibility triangle measured from the right-of-way lines, particularly in situations where additional lanes/widening is not planned, proves problematic. The actual area available to see incoming traffic will exceed the minimum requirement if measured from the paved area of the subject roadways. One feature shown in the 25' proposed sight visibility triangle of Luke Lane and Thomas Street may need to be relocated. The proposed transformer must be shifted outside the 25' area if it exceeds a height of 3 feet(otherwise it may remain where proposed). Granting the requested twenty-five foot (25') sight visibility triangle waiver will not have an adverse effect on the neighboring area and will not create and unsafe situation. A twenty-five foot (25') sight visibility triangle (i.e. 15' reduction) would be supported under similar circumstances and therefore will not result in the granting of a special privilege. Consequently, a positive finding with respect to LDR Section 2.4.7(B)(5) can be made for the proposed twenty-five foot (25') sight visibility triangle reductions at the intersections of Luke Lane and Thomas Street, as well as Thomas Street and Andrews Avenue. DISCUSSION Approve a waiver to LDR Section 4.6.14(B)(6), which states that forty foot (40') sight visibility triangles are required at the intersection of two (2) rights-of-way, whereas the proposed plans for 150 Andrews Avenue request have two (2) of the proposed three (3) story townhome buildings obstructing the sight visibility triangles at twenty-five feet(25'), as opposed to forty feet(40') at both intersections. RECOMMENDATION Board (SPRAB) voted 7-0 to recommend approval to the City Commission to allow 25' sight visibility triangles at the intersections of Luke Lane and Andrews Avenue along Thomas Street, whereas 40' sight visibility triangles are required pursuant to LDR Section 4.6.14(B)(6). Staff Recommendation: The Planning & Zoning Department recommends approval of the waiver request to allow 25' sight visibility triangles at the intersections of Luke Lane and Andrews Avenue along Thomas Street, whereas 40' sight visibility triangles are required pursuant to LDR Section 4.6.14 (B)(6). ATTACHMENT: CLV SPRAB Report With Attachments u i _ SITE PLAN REVIEW AND APPEARANCE BOARD CITY OF DELRAY BEACH ®®®STAFF REPORT--- MEETING DATE: October 22, 2014 ITEM: 150 Oceanside (150 Andrews Avenue) – Class V Site Plan request associated with demolition of an existing two-story 12-unit multifamily condominium development, and construction of a three-story 6-unit fee simple townhome development with a swimming pool and 2-car garage serving each unit. GENERAL DATA: s an r —�— Agent................................ Seaside Builders is s Applicant/Owner.................. The Beach House Condominium L_ eac r" -- Association Inc. -- - easpra Ave L 1 ocation.................................. Southwest corner of Thomas I' Street and Andrews Avenue T �l - y .--. Property Size.......................... 21,802 sq. ft. (0.50 acre) �: a erwa Ln Future Land Use Map............. MD (Medium Density Residential 5-12 DU/acre) NvistaD..R r or Current Zonin g............... RM (Multiple Family Residential Medium Density) Adjacent Zoning......... North: RM (Multiple Family Residential - Medium Density) _ J South: RM (Multiple Family Residential - Medium Density) East: RM (Multiple Family Residential - a to Medium Density) — I m ...� z — i _ ° West: R-1-AA (Single Family Residential) >-...�; Existing Land Use................... Multiple Family Residential i Proposed Land Use............... No Change E Atlantic Ave ........... al i ¢ ^w Water Service................... Existing on site via an 8" water line 'I located within the Thomas Street � o b I right-of-way p Sewer Service........................ Existing on site via an 8" sewer I° line located within the Thomas L Miramar r Street right-of-way _� rr -._ ----- � NORTH ITEM BEFORE THE BOARD The item before the Board is approval of a Class V Site Plan for 150 Oceanside, pursuant to Land Development Regulations (LDR) Section 2.4.5(F)(1)(a). The request involves the following elements: • Site Plan; • Architectural Elevations; • Landscape Plan; and, • Waiver Request The property is located at the southwest corner of Thomas Street and Andrews Avenue. BACKGROUND The subject property is a 21,349 sq. ft. (0.49 acre) parcel containing an existing 12-unit condominium building (Beach House of Delray) constructed in 1953. The development proposal includes aggregation of a 453 sq. ft. (0.01 acre) vacant parcel located in the southwest corner of the site which affects Lot 3 of the Wallace Square Plat as recorded in the Palm Beach County Record Book 67 Page 2. Now before the Board for approval is demolition of the existing two-story 12-unit condominium development and construction of a three-story 6-unit fee simple townhome development with a swimming pool and 2-car garage serving each unit. PROJECT DESCRIPTION The development proposal consists of the following: • Construct six (6)fee simple townhome units on separately platted lots • Construct a swimming pool serving each unit • Construct a two (2) car garage serving each unit • Construction of associated driveways • Construction of a five foot (5') sidewalk along all adjacent rights-of-way • Installation of curb and gutter along all adjacent rights-of-way • Installation of associated landscaping The development proposal also includes a waiver to the following section of the Land Development Regulations (LDRs): • LDR Section 4.6.14(B)(6), which requires that forty foot (40') sight visibility triangles be provided at the intersection of two (2) rights-of-way, whereas the proposed plans for 150 Oceanside proposes to provide twenty-five foot (25') sight visibility triangles along Thomas Street at both Luke Lane and Andrews Avenue. i SPRAB Staff Report: Meeting of 10/22/14 150 Oceanside—Class V Site Plan Page 2 SITE PLAN ANALYSIS COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the site and development application/request. LDR Section 4.3.4(K) Development Standards Matrix: The following table indicates that the proposal complies with LDR Section 4.3.4(K), as it pertains to the RM (Multiple Family Residential — Medium Density) zoning district: Zoning Required Proposed RM (Medium Density— Multiple Family Residential) (1&2/3*) (1&2/3*) Building Setbacks (min.): - Front (north) 25730' 25730' Side Street (east) 25730' 25730' Side Street west 25730' 25'/30' Rear(south) 25' 25'1" Side Interior N/A 15730' N/A Maximum Lot Coverage: 40% 38.76% Open Space: 25% 31.17% Building Hei ht (max.): 35' 35' Minimum Floor Area: 3BR (Unit A-1) 1,250 sq. ft. 3,610 sq. ft. 3BR Unit A-6 1,250 sq. ft. 3,610 sq. ft. 3BR (Unit B-2) 1,250 sq. ft. 3,633 sq. ft. 3BR Unit B-5 1,250 sq. ft. 3,633 sq ft. 4BR Unit C-3 1,500 sq. ft. 3,383 sq. ft. 4BR (Unit C-4) 1,500 sq. ft. 3,383 sq. ft. Minimum/Maximum Density: 6-12 units/acre 12 units/acre** Min. Lot Size (sq.ft.)*** 8,000 sq. ft. 21,802 sq. ft. Min. Lot Frontage ft. 60 sq. ft. 135 sq. ft. Min. Lot Width (ft.) 60 sq. ft. 135 sq. ft. Min. Lot Depth (ft.) 100 sq. ft. 158 sq. ft. * 1&2/3 = I" and 2nd Story/3rd Story. There is an additional 5' setback for the 3rd story. ** Performance standards are applied to density requests over the min. six (6) units per acre. *** Subject to future aggregation of 453 sq. ft. from Lot 3 of Wallace Drive Plat (PB 67 PG 2) LDR Chapter 4.6 Supplementary District Regulations: Vehicle Parking: Pursuant to LDR Section 4.6.9(C)(2)(c), two or more bedroom dwelling units shall provide two (2) spaces per unit and one-half (0.5) a space of guest parking. There are a total of six (6) SPRAB Staff Report: Meeting of 10/22/14 150 Oceanside—Class V Site Plan Page 3 residential units and eighteen (18) parking spaces are provided. The parking requirement for the site is fifteen (15) spaces. The development proposes one (1) standard guest space in front of the two-car garage for each unit. Thus, there is a parking surplus of three (3) spaces for the overall site. Therefore, the parking requirement is met. Pool Setbacks: LDR Sections 4.6.15(G)(1), a minimum ten foot (10') setback is required for swimming pools located in the rear, interior or side street setback areas. Per the chart below, the proposed development meets this requirement: North South East West Front Rear Andrews Ave. Luke Lane Required N/A 10' 10' 10' Proposed N/A 10' 10'8" 1 10'8" Minimum Offset: Pursuant to LDR Section 4.3.3(0)(4)(a), no more than two (2) townhomes may be constructed without providing a front setback of not less than four feet (4') offset front to rear. A minimum five (5') offset has been provided, thus this standard is met. Maximum Two-Way Drive Aisle Width: Pursuant to LDR Section 4.6.9(D)(3)(a), the point of access to a street shall be a maximum width of twenty-four feet (24'). The driveways provided off of Luke Lane and Andrews Avenue meet this requirement. However, a cross access easement between the two (2) lots is required and this is a condition of approval. Otherwise, the driveways shall be drawn to mirror the sixteen foot (16') design for two (2) separate accessways as shown for the units along Thomas Street. Sidewalks: Pursuant to LDR Section 6.1.3(B)(1)(a), for low density residential areas, a minimum five foot (5') sidewalk is required. A five foot (5') sidewalk is proposed to be constructed around the entire site, thus meeting this requirement. However, it is noted that on the northeast corner of the site, the public sidewalk encroaches onto private property. The sidewalk shall be relocated entirely within the public right-of-way or an easement, maintenance and hold harmless agreement will be required. This is a condition of approval. Site Plan Technical Items: While the revised site plan has accommodated most of the staff concerns the following items remain outstanding, and will need to be addressed prior to site plan certification. 1. Pursuant to LDR Section 4.3.3(0)(2), a plat and/or replat is required. Provide the separate application(s) and processing fee(s) required per LDR Section 2.4.3(K)(1)(1). SPRAB Staff Report: Meeting of 10/22114 150 Oceanside—Class V Site Plan Page 4 2. For historic reference, include the parcel size data to indicate the proposed platted lot sizes and clarify whether or not the annexed parcel is included in the lot area of Unit#6 in the southwest corner of the site. 3. In the northeast corner of the site, the public sidewalk encroaches onto private property. Processing and approval of a sidewalk easement, hold harmless and maintenance agreement is required and subject to City Commission approval 4. Provide a cross access easement for the shared vehicular/pedestrian accessway between the owners of parcels numbered (#5 & #6) and (#1 & #2) separately. Otherwise, the driveways will be provided separately on each parcel similar to the design for units numbered #3 and #4. The subject cross access easement must be represented on the future plat. 5. A Homeowner's Association Agreement (HOA) shall be recorded with Palm Beach County prior to building permit issuance. This will establish the units for individual townhome sale and indicate that the units are fee simple. 6. A positive finding of concurrency from the Palm Beach County Traffic Division is required. Receipt of a favorable traffic concurrency determination letter from Palm Beach County is required prior to site plan certification. 7. Shift the proposed transformer outside of the sight visibility triangle if it exceeds a height of three feet (3'). Engineering Technical Items: While revised plans have accommodated most of staff's concerns, the items identified in "Appendix A" remain outstanding and will need to be addressed prior to site plan certification. WAIVER ANALYSES Pursuant to LDR Section 2.4.7(6)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. 40' Sight Visibility Triangles: Pursuant to LDR Section 4.6.14(B)(6), forty foot (40') sight visibility triangles are required and are not met. The forty foot (40') sight visibility triangle is obstructed by the 3-story townhome buildings at both intersections (i.e. Luke Lane and Andrews Avenue). The applicant is requesting a waiver to this requirement to account for twenty-five foot (25') sight visibility triangles. SPRAB Staff Report: Meeting of 10/22/14 150 Oceanside—Class V Site Plan Page 5 The applicant has provided the following verbatim justification: 'The location for this project is adjacent to a Single Family Zone where sight triangle requirements are 25'07. In fact, this property shares an intersection at Luke Lane/Thomas Street which has corner opposite this project which has a 25' sight triangle requirement. The project contains only 6 fee simple townhouse units with garages equally dispersed on (3) RO Ws so there will be very little impact with additional vehicular traffic. In addition, it is important to note that all the ROWs will have curb and gutter defining the edge of the roadway. If the sight triangle was measured from this defined edge of road instead of the property line it would be 51'. The structures being proposed outside the 25'site triangle are masonry wall with a portion of horizontal railing which is also more transparent." The reduction of the forty foot (40') sight visibility triangles to twenty-five feet (25) at the intersection of the two (2) rights-of-ways at the property line for Thomas Street at Luke Lane and Andrews Avenue is deemed necessary, given that the proposed 3-story townhome buildings (Units C3 & C4) will intersect the 40' visibility triangle at twenty-five feet (25). A reduced twenty-five foot (25) sight visibility triangle will not present a danger to vehicular traffic or pedestrians. Staff agrees that the sight visibility triangle measured from the right-of-way lines, particularly in situations where additional lanes/widening is not planned, proves problematic. The actual area available to see incoming traffic will exceed the minimum requirement if measured from the paved area of the subject roadways. One feature shown in the 25' proposed sight visibility triangle of Luke Lane and Thomas Street may need to be relocated. The proposed transformer must be shifted outside the 25' area if it exceeds a height of 3 feet (otherwise it may remain where proposed). Granting the requested twenty-five foot (25) sight visibility triangle waiver will not have an adverse effect on the neighboring area and will not create and unsafe situation. A twenty-five foot (25) sight visibility triangle (i.e. 15' reduction) would be supported under similar circumstances and therefore will not result in the granting of a special privilege. Consequently, a positive finding with respect to LDR Section 2.4.7(B)(5) can be made for the proposed twenty- five foot (25) sight visibility triangle reductions at the intersections of Luke Lane and Thomas Street, as well as Thomas Street and Andrews Avenue. LANDSCAPE PLAN ANALYSIS Pursuant to LDR Section 4.6.16 (C)(1)(a), prior to the issuance of a building permit for a structure or a paving permit, compliance with the requirements of Section 4.6.16 shall be assured through the review and approval of a landscape plan submitted pursuant to Section 2.4.3 (C). A proposed landscape plan has been submitted and evaluated by the City's Senior Landscape Planner. The proposed new landscaping includes a variety of species including but not limited to: Live Oak, Parlor Plum, Australian Tree Fern, Little Gem Magnolia, Triple Alexander Palm, Double Montgomery Palm, Foxtail Palm, Jamaica Caper, Blueberry Flax Lily and Podocarpus Hedge. SPRAB Staff Report: Meeting of 10/22/14 150 Oceanside—Class V Site Plan Page 6 Landscape Technical Items: The following Landscape Plan items remain outstanding, and will need to be addressed prior to site plan certification. 1. Verify with our Engineering Department that there will not be any conflicts with the proposed Royal Palms within the right-of-way and any underground utilities. 2. A Landscape Maintenance Agreement is required for the proposed plantings outside the property line. Submit the signed agreement with the supporting exhibits (as outlined in the agreement) as quickly as possible. This will have to get executed by City Commission. Based upon these findings, the proposed development can be found in compliance with applicable requirements of LDR section 4.6.16, with the above Landscaping Technical items attached as conditions of approval. ARCHITECTURAL ELEVATIONS ANALYSISf Pursuant to LDR Section 4.6.18(E), the following criteria shall be considered by the Site Plan Review and Appearance Board in the review of plans for building permits. If the following criteria are not met, the application shall be disapproved. 1) The plan or the proposed structure is in conformity with good taste, good design, and in general, contributes to the image of the City as a place of beauty, spaciousness, harmony, taste, fitness, broad vistas, and high quality. 2) The proposed structure, or project, is in its exterior design and appearance of quality such as not to cause the nature of the local environment or evolving environment to materially depreciate in appearance and value. 3) The proposed structure, or project, is in harmony with the proposed developments in the general area, with the Comprehensive Plan, and with the supplemental criteria which may be set forth for the Board from time to time. The development proposes six (6) three-story townhomes consisting of three (3) and four (4) bedrooms. The building is a Modern Architectural style with cantilevered balconies, horizontal railings, floor-to-ceiling glass and two-story volume foyers. There is an open air rooftop terrace that is accessible via stair and elevator appurtenance. The abundance of balconies create a visual connection from the living space to the street. A light well centered in the middle will allow for additional natural light to enter the back of the units. The courtyard garden walls are broken down in scale with several locations of open horizontal rail to also create a visual connect on both sides of the countyards. The rooftop terrace will consist of brick tile. The facade walls will be "Pure White". The doors and railings and window trim will be "Black Magic". The balcony level will be "Tradewind" with "Ivoire" wing walls. The finish type will be "flat". The proposed architectural elevations will contribute to the image of the City as a place of beauty, harmony, taste and high quality. It will not cause the nature of the local environment or evolving environment to materially depreciate in appearance and value. Based on the above, positive findings with respect to LDR Section 4.6.18(E) can be made. SPRAB Staff Report: Meeting of 10/22/14 150 Oceanside—Class V Site Plan Page 7 REQUIRED FINDINGS Pursuant to LDR Section 3.1.1, prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following areas: LDR Section 3.1.1(A) - Future Land Use Map: The subject property has a zoning designation of RM (Multiple Family Residential - Medium Density) and a MD (Medium Density 5-12 units/acre) Future Land Use Map designation. The zoning is consistent with the FLUM designation. Therefore, a positive finding can be made with respect to consistency with the Future Land Use Map (FLUM). LDR Section 3.1.1(B) -Concurrency. As described in Appendix "B", a positive finding of Concurrency can be made as it relates to water and sewer, streets and traffic, drainage, parks and recreation, open space, solid waste, and schools. LDR Section 3.1.1(C) -Consistency: As described in Appendix "C", a positive finding of Consistency can be made as it relates to Standards for Site Plan Actions. LDR Section 3.1.1(D) -Compliance with the Land Development Regulations: Required Findings: Pursuant to LDR Section 2.4.5(F)(5), the approving body must make a finding that development of the property pursuant to the site plan will be compatible and harmonious with adjacent and nearby properties and the City as a whole, so as not to cause substantial depreciation of property values. The following table indicates the zoning and land use of the properties surrounding the subject property: Adjacent Zoning Adjacent Land Use North RM (Multiple Family Residential - Medium 16-unit Condominium Development Density) South RM (Multiple Family Residential- Medium 10-unit Condominium Development Density) East RM (Multiple Family Residential - Medium 15-unit Condominium Development Density) SPRAB Staff Report: Meeting of 10/22/14 150 Oceanside—Class V Site Plan Page 8 West R-1-AA(Single Family Residential) Single Family Residence within a cul-de-sac with two (2)vacant/undeveloped platted lots The proposed 150 Oceanside 6-unit fee simple townhome development will replace an existing nonconforming use within the RM (Multiple Family Residential — Medium Density) Zoning District. The current zoning allows multiple family residences up to twelve (12) units per acre. The existing site currently contains 12 units on a 0.49 acre site which comprises 24.5 units per acre. However, aggregation of the 0.01 acre (453 sq. ft.) parcel from Lot 3 Wallace Drive Plat will allow the site to come into conformity with 12 units/acre for the 0.5 acre site. This will eliminate the existing nonconformity (Beach House of Delray). To the west are single family residential lots within a cul-de-sac. To the south is an existing 10-unit condominium development. To the north is an existing 16-unit condominium development. To the east is an existing 15-unit condominium development. The proposed 6-unit multi-story townhome development will complement the existing fabric of the adjacent developments and significantly improve the aesthetic and property value of the existing site. Thus, the proposed change will not pose any adverse effect on the surrounding properties. Based upon the above, a positive finding can be made with regard to LDR Section 2.4.5(F)(5) that the site plan will be compatible and harmonious with adjacent and nearby properties. Comprehensive Plan Policies: A review of the adopted Comprehensive Plan was conducted and the following applicable objectives and policies are noted: Future Land Use Element Objective A-1 - Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate and complies in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. The proposed multi-story 6-unit townhome development is appropriate and consistent with the surrounding area. There are existing multi-family residential developments on the adjacent properties to the north, south and east. Thus, the proposed 150 Oceanside development can be deemed a compatible and appropriate use for this site. Housing Element Policy A-11.3: In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. The proposed condominium development should have a stabilizing effect by providing a quality residential development in an urban environment. Nuisances such as noise, odors, and dust will not be a factor to the adjacent residential uses. The traffic volumes will be minimal and can be accommodated by the surrounding road network. Thus, the proposal will not result in a degradation of, but will enhance adjacent neighborhoods. SPRAB Staff Report: Meeting of 10/22/14 150 Oceanside—Class V Site Plan Page 9 Housing Element Policy B-2.2 - The development of new adult oriented communities within the City is discouraged. New housing developments shall be designed to accommodate households having a range of ages, especially families with children, and shall be required to provide 3 and 4 bedroom units and activity areas for children ranging from toddlers to teens. This requirement may be waived or modified for residential development located in the downtown area, and for infill projects having fewer than 25 units. The project will contain four 3-bedroom units and two 4-bedroom units. Thus, the proposed six (6) unit development complies with this policy. However, it is noted that this requirement may be waived or modified for residential developments with fewer than twenty-five (25) units. PERFORMANCE STANDARDS PERFORMANCE STANDARDS FOR DENSITY INCREASE: The applicant is seeking an increase in density above six (6) units per acre (12 units per acre). In order to grant the increase positive findings with respect to LDR Section 4.4.6(1) need to be made. LDR Section 4.4.60)- Performance Standards: These standards shall apply to all site plans approved subsequent to October 7, 1997, and for modifications to existing developments which involve the creation of additional residential units. In order to increase a project density beyond six (6) units per acre, the approving body must make a finding that the development substantially complies with the performance standards listed in this section. The intent of the standards is to mitigate the impacts of the additional density both internal and external to the site. The extent to which a project meets the standards will determine the number of units per acre that will be permitted. For example, if a project meets or exceeds all of the standards, and is otherwise consistent with applicable standards and policies of the City's Comprehensive Plan and Land Development Regulations, the maximum density is permitted. Projects which only partially achieve these standards will accordingly only be permitted a lower density. Please note the Land Development Regulations (LDR) Section 4.4.6(F)(2) — Density Allowances which applies to RM (Residential) zoning districts: LDR Section Lot Size Min. Units Max. Units #of Units Performance Density Density Proposed Standards Required 4.4.6(H)(1) 1 0.5 acre 1 6 du/ac 3 1 12 du/ac 1 6 1 6 1 1K Yes ❑ No Performance standards (LDR Section 4.4.6(l)(a. thru g.) are applicable pursuant to LDR Section 4.4.6(H)(1) for densities proposed over the standard six (6) units per acre. The performance standards are as follows: (a) The traffic circulation system is designed to control speed and reduce volumes on the interior and exterior street network. This can be accomplished through the use of traffic calming devices; street SPRAB Staff Report: Meeting of 10/22/14 150 Oceanside—Class V Site Plan Page 10 networks consisting of loops and short segments; multiple entrances and into the development; and similar measures that are intended to minimize through traffic and keep speeds within the development at or below 20 m.p.h. Since these are fee simple townhomes there are no common circulation areas. Instead, the site has been designed to evenly distribute the private driveways along the three (3) rights-of-way. There are no more than (2) private driveways facing each of the three (3) rights-of-way, thus ensuring equal distribution. (b) Buildings are placed throughout the development in a manner that reduces the overall massing, and provides a feeling of open space. Since the site is surrounded on three (3) sides by rights-of-way, it offers opportunity for each lot to have street frontage and a clear view of open area outside of the residence as opposed to an interior view of another multi-story residential building within the same development. This is not as long a building as a conventional townhouse, but moreso evenly distributed along each of three (3) rights-of-way to address each units need for visibility to the outside courtyards. In addition, the area adjacent to each unit has been captured as livable outdoor courtyards with pools. There is no unusable land area and the courtyards will provide a very open yet private feel for each unit. (c) Where immediately adjacent to residential zoning districts having a lower density, building setbacks and landscape materials along those adjacent property lines are increased beyond the required minimums in order to provide a meaningful buffer to those lower density areas. Building setbacks are increased by at least 25% of the required minimum; at least one tree per 30 linear feet (or fraction thereof) is provided; trees exceed the required height at time of planting by 25% or more; and a hedge, wall or fence is provided as a visual buffer between the properties. The project is being proposed across a 50'right-of-way from a single family zone. As such, any structures are already over 100'away from any adjacent single family structures. In addition, portions of the building have additional 5'setbacks on the lower floors and step back on the 3rd floor to reduce the mass. (d) The development offers a varied streetscape and building design. For example, setbacks are staggered and offset, with varying roof heights (for multi-family buildings, the planes of the facades are offset to add interest and distinguish individual units). Building elevations incorporate diversity in window and door shapes and locations; features such as balconies, arches, porches, courtyards; and design elements such as shutters, window mullions, quoins, decorative tiles, etc. The building design takes into account several steps in plan and elevations. Five foot (5) offsets are found at the ground level and in addition there is a five foot(5) step back on the 3rd floor. There are several open air balconies on the ground level, as well as, pool courtyards, roof top terraces, 2-story interior volumes at the front entries and varied window shapes and designs. (e) A number of different unit types, sizes and floor plans are available within the development in order to accommodate households of various ages and sizes. Multi-family housing will at a minimum have a mix of SPRAB Staff Report: Meeting of 10/22/14 150 Oceanside—Class V Site Plan Page 11 one, two and three bedroom units with varying floor plans. Single family housing (attached and detached) will at a minimum offer a mix of three and four bedroom units with varying floor plans. The project consists of 6 units. Yet, of the 6 total there are (3) unique unit plans. Each unit's floor plans are uniquely configured based on its unique stair and elevator layout. There are (4) 3-bedroom floor plans and (2) 4-bedroom floor plans. Due to square footage size limitations of these units it is impractical to have 1-bedroom or 2- bedroom units. (f) The development is designed to preserve and enhance existing natural areas and/or water bodies. Where no such areas exist, new areas which provide open space and native habitat are created and incorporated into the project. Each of the 6 units will have lushly landscaped private courtyards and private swimming pools. (g) The project provides a convenient and extensive bicycle/pedestrian network, and access to available transit. The project is providing for and building a five foot (5) sidewalk around the entire parcel along the three (3) rights-of-way. In addition, this parcel is one (1) block from State Route A 1 (North Ocean Boulevard) which provides bike lanes. In conclusion, a finding of compliance can be made with respect to each of standards (a), (b), (c), (d), (e), (f) and (g). As substantial compliance with the Performance Standards has been met, the proposed density of twelve (12) units per acre can be supported and meets the requirements for a small infill project. REVIEW BY OTHERS The development proposal is not located in an area which requires review by the Community Redevelopment Agency (CRA), the Downtown Development Authority (DDA), Pineapple Grove Main Street (PGMS) or West Atlantic Redevelopment Coalition (WARC). Courtesy Notices: Courtesy notices have been provided to the following homeowner's associations, adjacent property owners and/or civic groups: • Delray Citizens Coalition • Barr Terrace • Beach Property Owners HOA • Delray Summit • Beach Property Owners Assoc. Inc. • Beach Cabana Condo • The Grove Condominium • Dorchester • Bob Victorin • Denise &Thomas Brockwell • Kelly & Pascal Liguori • Equity Trust Co. Custodian FBO Pascal Liguori Public Notices: Formal public notice is not required for site plan modifications. Letters of objection and/or support, if any, will be presented at the Site Plan Review and Appearance Board (SPRAB) meeting. SPRAB Staff Report: Meeting of 10/22/14 150 Oceanside—Class V Site Plan Page 12 ASSESSMENT AND CONCLUSION The subject property is a 21,349 sq. ft. (0.49 acre) parcel containing an existing 12-unit condominium building (Beach House of Delray) constructed in 1953. The development proposal includes aggregation of a 453 sq. ft. (0.01 acre) vacant parcel located in the southwest corner of the site which affects Lot 3 of the Wallace Square Plat as recorded in the Palm Beach County Record Book 67 Page 2. The 150 Oceanside development proposes demolition of the existing two-story 12-unit condominium development and construction of a three-story 6-unit fee simple townhome development with a swimming pool and 2-car garage serving each unit. The Modern Architectural style of the multi-family building will be aesthetically pleasing and a visual asset to the community. Provision of 3 and 4 bedroom units addresses housing needs for families in the Delray Beach area. The waiver reduction from a 40' to a 25' sight visibility triangle is supportable. The development substantially meets the performance standards in LDR Section 4.4.6 to allow for the increased density above 6 units/acre. Likewise, the proposed multi-story 6- unit townhome development is compatible with existing multi-family developments on adjacent properties to the north, south and east. ALTERNATIVE ACTIONS A. Move postponement of the Waiver & Class V Site Plan for 150 Oceanside, by electing to continue with direction. B. Move approval of the Waiver & Class V Site Plan for 150 Oceanside, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with and meets criteria set forth in LDR Sections 2.4.5(F)(5) and 3.1.1 (Required Findings). C. Move denial of the Waiver & Class V Site Plan for 150 Oceanside, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with and does not meet criteria set forth in LDR Sections 2.4.5(F)(5) and 3.1.1 (Required Findings). STAFF RECOMMENDATION By Separate Motions: Waiver: Recommend approval to the City Commission for a waiver to LDR Section 4.6.14(B)(6), which requires that forty foot (40') sight visibility triangles are provided at the intersection of two (2) rights-of-way, whereas the proposed plans for 150 Oceanside request twenty-five feet (25') sight visibility triangles along Thomas Street at Luke Lane and Andrews Avenue. Site Plan: Move approval of the Class V Site Plan for 150 Oceanside, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with and meets criteria set forth in LDR Sections 2.4.5(F)(5) and 3.1.1 (Required Findings), subject to the following conditions: SPRAB Staff Report: Meeting of 10/22/14 150 Oceanside—Class V Site Plan Page 13 1. Pursuant to LDR Section 4.3.3(0)(2), a plat and/or replat is required. Provide the separate application(s) and processing fee(s) required per LDR Section 2.4.3(x)(1)(1). 2. For historic reference, include the parcel size data to indicate the proposed platted lot sizes and clarify whether or not the annexed parcel is included in the lot area of Unit #6 in the southwest corner of the site. 3. In the northeast corner of the site, the public sidewalk encroaches onto private property. Processing and approval of a sidewalk easement, hold harmless and maintenance agreement is required and subject to City Commission approval. 4. Provide a cross access easement for the shared vehicular/pedestrian accessway between the owners of parcels numbered (#5 & #6) and (#1 & #2) separately. Otherwise, the driveways will be provided separately on each parcel similar to the design for units numbered #3 and #4. The subject cross access easement must be represented on the future plat. 5. A Homeowner's Association Agreement (HOA) shall be recorded with Palm Beach County prior to building permit issuance. This will establish the units for individual townhome sale and indicate that the units are fee simple. 6. A positive finding of concurrency from the Palm Beach County Traffic Division is required. Receipt of a favorable traffic concurrency determination letter from Palm Beach County is required prior to site plan certification. 7. Shift the proposed transformer outside of the sight visibility triangle if it exceeds a height of three feet (3'). Landscape Plan: Move approval of the Landscape Plan for 150 Oceanside, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 4.6.16 of the Land Development Regulations, subject to the following conditions: 1. Verify with our Engineering Department that there will not be any conflicts with the proposed Royal Palms within the right-of-way and any underground utilities. 2. A Landscape Maintenance Agreement is required for the proposed plantings outside the property line. Submit the signed agreement with the supporting exhibits (as outlined in the agreement) as quickly as possible. This will have to get executed by City Commission. Architectural Elevations: Move approval of the Architectural Elevations for 150 Oceanside, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 4.6.18(E) of the Land Development Regulations. Staff Report Prepared By: Candi N.Jefferson, Senior Planner Attachments:Appendix A,Appendix B,Appendix C, Project Plans, Waiver Justification SPRAB Staff Report: Meeting of 10/22/14 150 Oceanside—Class V Site Plan Page 14 APPENDIX "A" PRELIMINARY ENGINEERING TECHNICAL COMMENTS Plat Comments: 1. Contact the Planning and Zoning Department to determine if a plat is required. If plat required, submit for review in accordance with the applicable sections of LDR Section 2.4.3 (A), (B), (H), (J), (K), (L); and Section 5.2.2. 2. Additional comments may follow after review of plat. Preliminary Engineering Technical Comments: 1. Provide a response letter with a detailed description of how each of these comments has been addressed and reference plans sheet number for accurate review. 2. Remove all above structures from within 10' Utility Easements. Please select one name for easement and use on all plans. 3. Please coordinate location of all existing and proposed easements on Plat, Site, Civil, Landscape and Composite Utility Plans. Existing and proposed easement locations and labeling needs to be consistent on all plans. 4. Provide right-of-way dedications over 5-foot sidewalk at intersection of Andrews Avenue and Thomas Street. 5. Provide signed and sealed drainage report indicating the proposed system's ability to meet storm water ug ality and uq antity requirements in accordance with the South Florida Water Management District regulations per LDR Section 2.4.3 (D) (7). In addition, the surface water management system needs to be designed in accordance with LDR Section 6.1.9 for a minimum of a 10 yr./24 hr. storm event. The system needs to provide for positive drainage of lots, streets, roads, and other public areas as well as handling any run-off from adjacent areas that historically flowed into the subject area. Include drainage calculations confirming that there will be no negative post development impacts on adjacent homes, structures or properties. 6. Provide note indicating that no landscaping shall be planted over any exfiltration trenches on Civil Plans. 7. Provide 12-foot exclusive sewer easement over sewer lines up to first cleanout if not within 18-inches from property line. 8. Indicate pavement restoration will include full width of travel lanes and at least 10-feet past the north and south property lines. 9. Provide signed and sealed calculations indicating current and proposed estimated flows into existing sanitary sewer system; submit to my attention at the Engineering Division. Upon review and approval, a letter from the Deputy Director of Public Utilities stating that SPRAB Staff Report: Meeting of 10/22/14 150 Oceanside—Class V Site Plan Page 15 the City's system has sufficient capacity to treat proposed flows will be issued. This is a requirement in accordance with LDR Section 5.3.3 (D) for the Off-Site Impact Assessment to the City's water and sewer systems. 10. Provide a Composite Utility Plan signed by a representative of each utility provider attesting to the fact that services (water, sewer, drainage, gas, power, telephone and cable) can be accommodated as shown on the Composite Utility Plan. The Composite Utility Plan needs to address the responsibility for relocation of existing services and installation of new services in accordance with LDR Section 2.4.3 (F) (4). Composite Utility Plan is also used to ensure physical features do not conflict with each other and existing or proposed utility services. 11. Please note, a Financial Guarantee in accordance with LDR Section 2.4.10 will be required to ensure the timely and proper installation of public improvements which are required to support the proposed development. Refer to LDR Section 2.4.10 (A) for items which require a Financial Guarantee. The Financial Guarantee (surety) amount is quantified in the approved Engineer's Opinion of cost. Surety format can be Letter of Credit, Cash Deposit or Performance Bond (Subdivision Format). Surety is required prior to issuance of any permits from the Building Permit Department. 12. Please Resubmit Through The Planning and Zoning Department; and Clearly Indicate Which Documents Are For The Engineering Division. Also, Ensure A Complete Set Of Plans Is Provided For The Engineering Division. 13. Additional comments may follow after review of revised plans. SPRAB Staff Report: Meeting of 10/22/14 150 Oceanside—Class V Site Plan Page 16 APPENDIX "B" CONCURRENCY FINDINGS Pursuant to LDR Section 3.1.1(B), Concurrency, as defined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan, must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Water and Sewer.' • Water service is existing on site via an 8" water line in the Thomas Street right-of-way. • Sewer service is existing on site via an 8" sewer line in the Thomas Street right-of-way. Water and sewer services currently exist on site. Pursuant to the City's Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build-out. Streets and Traffic: A traffic statement has been not provided which indicates that the proposed 6-unit townhome development will meet traffic concurrency requirements. It is estimated to generate a decrease of 40 net vehicle trips per day. Specifically, it will generate a decrease of 4 AM net peak hour trips and 5 PM net peak hour trips. A positive finding of concurrency from the Palm Beach County Traffic Division is required. Receipt of a favorable traffic concurrency determination letter from Palm Beach County is required prior to site plan certification. This is attached as a condition of approval. Parks and Recreation Facilities: Pursuant to LDR Section 5.3.2, a park impact fee of $500.00 per each new dwelling unit will be collected prior to issuance of a building permit for the proposed six (6) new townhome units. A total fee of three thousand dollars ($3,000.00) will be required of this development for parks and recreation purposes, prior to building permit issuance. Solid Waste: The existing 12-unit condominium residential use generates 6.24 tons of solid waste per year. The proposed 6-unit townhome residential use will generate 3.12 tons of solid waste per year. Thus, the development proposal will not result in a 3.12 to decrease in solid waste generated annually. Further, the Solid Waste Authority has indicated that its facilities have sufficient capacity to accommodate all development proposals until 2046. Schools: The Palm Beach County School District has approved the development proposal for compliance with the adopted Level of Service for School Concurrency. Written verification from the Palm Beach County School District was received on September 23, 2014. Drainage: Preliminary engineering and drainage plans have been submitted with the proposed development. Drainage will be accommodated via an exfiltration trench system. Therefore, there appears to be no problems anticipated in accommodating on-site drainage. Based upon the above, positive findings with respect to this level of service standard can be made. SPRAB Staff Report: Meeting of 10/22/14 150 Oceanside—Class V Site Plan Page 17 APPENDIX"C" STANDARDS FOR SITE PLAN ACTIONS A. Building design, landscaping and lighting(glare) shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. Not applicable Meets intent of standard X_subject to sight visibility triangle waiver approval Does not meet intent B. Separation of different forms of transportation shall be encouraged This includes pedestrians, bicyclists and vehicles in a manner consistent with policies found under Objectives D-1 and D-2 of the Transportation Element. Not applicable Meets intent of standard X Does not meet intent C. Open space enhancements as described in Policies found under Objective B-1 of the Open Space and Recreation Element are appropriately addressed. Not applicable X Meets intent of standard Does not meet intent D. The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood if it is determined that the widening or modification will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted. Not applicable Meets intent of standard X—subject to PBC traffic concurrency deterrn_ination Does not meet intent E. Development of vacant land which is zoned for residential purposes shall be planned in a manner which is consistent with adjacent development regardless of zoning designations. Not applicable X Meets intent of standard Does not meet intent F. Property shall be developed or redeveloped in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. Not applicable Meets intent of standard X SPRAB Staff Report: Meeting of 10/22/14 150 Oceanside—Class V Site Plan Page 18 Does not meet intent G. Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in the Housing Element. This shall be accomplished through the implementation of policies under Objective B-2 of the Housing Element. Not applicable Meets intent of standard X Does not meet intent H. The City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Not applicable Meets intent of standard X Does not meet intent 1. Development shall not be approved if traffic associated with such development would create a new high accident location, or exacerbate an existing situation causing it to become a high accident location, without such development taking actions to remedy the accident situation. Not applicable Meets intent of standard X-subject to PBC traffic concurrency determination Does not meet intent J. Tot lots and recreational areas, serving children from toddler to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. Not applicable X Meets intent of standard Does not meet intent -Waterway Ln c c� P N Vista Del Mar Dr a a� v Q N .�a asin ur w co m r m Lowry St c U d cB 150 OCEANSIDE ✓i F NORTH Andrews v Subject Property PLANNING W ZONING DEPARTMENT LOCATION MAP Document Path: S:\Plannina &ZoninaMMS G&I-ocation M2as\150 nrPansirla 1sn AnrirpxA/<,Avp myri Richard Jones ARCHITECTURE AA26001617 1 IB26001056 105E 1st AVE DELRAY BEACH,FL 33444 15612749186 1 www.rjarchitecture.com September 16, 2014 Planning and Zoning City of Delray Beach Attn: Candi Jefferson Re: Waiver for Site 40'Site Triangle Adjustment Project: 150 Oceanside Dear Candi: This letter is a waiver request pursuant to Section 2.4.7(B)(5) of the Delray Beach Land Development Regulations ("LDRs") involving the granting of relief from LDR Section 4.6.14(B)(6)to allow for a reduction in the required 40'site visibility triangle from 40'to 25-0". To support a waiver, LDR Section 2.4.7(B)(5)requires that the governing body make a finding that granting a waiver: (A) Shall not adversely affect the neighboring area; (B) Shall not significantly diminish the provision of public facilities; (C) Shall not create an unsafe situation;and, (D) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. This project meets or exceeds the requirements of LDR Section 2.4.7(8)(5)for this waiver request. By granting this waiver, a superior product will be achieved. The waiver will not adversely affect the neighboring area,significantly diminish the provision of public facilities,create an unsafe situation and/or result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner.Thus,this waiver request should be approved. The location for this project is adjacent to a Single Family Zone where site triangle requirements are 25-0". In fact this property shares an intersection Luke Lane/Thomas Street which has corner opposite this project which has a 25' site triangle requirements. The project contains only 6 fee simple townhouse units with garages equally dispersed on (3) ROW's so there will be very little impact with additional vehicular traffic. In addition, it is important to note that all the ROW's will have curb and gutter defining the edge of the roadway. If the site triangle was measured from this defined edge of road instead of the property line it would be 51'. The structures in the being proposed outside the 25' site triangle are masonry wall with a portion of horizontal railing which is also more transparent. Consequently,a positive finding with respect to LDR Section 2.4.7(B)(5)Waiver Findings, can be made. Therefore,for the reasons enumerated above,we respectfully request that this waiver be approved. If you should have any additional questions or comments, please contact me at(561)274-9186. Richard Jones Architecture Inc. Jennifer Snyder Project Manager i 3 U '3AV SA�V 051 2 acns WHOO 0�I E 2 z� CD LLI m W 0.r W C7 D u.P Z LU z a N m W nl 44 co U Lu Q F sue * ~~�M v, ICA W Z_ Lu a ZQp " r ..w { �I ; O m O tai z O W W °m ® Z C,^) \l QN/ a yJ L.I.. 0 0o w w W Z) ? rw O 0 W W ` aZW V° r of wo ¢ r r Q()r w:.M IL W Z H war oNu❑.-.�_ 0. `n ci o Fa- ❑ Q Q W�+♦ 19,ZO 0 0❑ 0, o<o 9 w T -Y a o� AmQ WJU Z 0 W n N < w x y U mp �.. z o 0 o z 0 z o Z O W O Y 2 O y� ❑LLaa °2 w x rc v Q r W!zz LL .. a zz �;v o o rc w ❑ QOOUWW I. . �1 o Q o 0 O U O LLI O zo w° 3 o z I. aI K z U 0 0 m g m °w o W ° �. m z o z a i o W W W d. a w o Z ❑ 0 ¢Z M d' - a 0 i r O s m w /Z O�LLN m V m Q 3f T . Z aa� N W Z W W 11 Q D N W W LL > p W a W I �s I O d �r �� I W =W LL N III LLI = WQWZ I /�/ Z m o a r, FR�IMMMW. 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SON M Q„5� i i w o , 00 Out o P4 z X-Z ° I ww Fw i i i ! a I E,C o rn y,H a o � z ww E-P-, 1 aaismvaoo 1 �O 1 - 1 • ' 1 1!/III -..1 /. iL \\mm\�\\\\\rJ ®�I�1���, �` J IMP' ■'II® m �;, 1 t! /V/V pplplp'' v�' ';. i • 5 .SAO\\\\\\\\\\\ � IIf4..\�.��I� ..�„Ye °.eYZa•ivt!�:,'.7. %—JIC•i. ......_ /� ..`_...._ E\Ii.11 111'/ �111.1I11E � s i �=u.\p7 �//..��y:///H%/////.'� �11 f'• ® tl�l i� l: I./I�%///I,.c//f.Y �......s�i��Il,as:II�;IIL�J:�_ • •.e��unll��ll�tt y,�.arll�r�,—.�.G� ptl u �o t f+' s"Fr4 t r f � s ti z �. . Y All, TT a r AM.i u= 1 i u IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST FOR "150 OCEANSIDE" AT 150 ANDREWS AVENUE 1. These waiver requests came before the City Commission on December 2, 2014. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver requests for 150 Oceanside at 150 Andrews Avenue. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. WAIVERS: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. A. Waiver to LDR Section 4.6.14(B)(6) Pursuant to LDR Section 4.6.14(B)(6), sight visibility triangle requirements for the area of property located at a corner formed by the intersection of two or more public rights-of-way are 40 feet. The applicant is requesting that sight visibility triangle requirements for this intersection be reduced to 25 feet. Should the waiver to Section 4.6.14(B)(6) to reduce the sight visibility triangle requirements from 40 feet to 25 feet be granted? Yes No 1 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves denies these waiver requests. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 2nd day of December 2014, by a vote of in favor and opposed. ATTEST: Cary D. Glickstein, Mayor Chevelle Nubin, City Clerk 2 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 9.C.-REGULAR COMMISSION MEETING OF DECEMBER 2,2014 CONDITIONAL USE REQUESUDELRAY PRESERVE BACKGROUND The properties consist of portions of the Model Subdivision (8.568 acres). The subject properties are located within the North Federal Highway Redevelopment Area and are zoned GC. The properties contained the former Delray Lost Drive In Swap Shop and the Second Chance Emporium. At its meeting of May 2, 2006, the City Commission approved two conditional use requests for a stand- alone residential development to exceed 12 dwelling units per acre (17.8 dwelling units per acre proposed). This project was known as Village Pare. At its meeting of May 24, 2006, the Site Plan Review and Appearance Board approved the subsequent site plan application. This development was never constructed. At its meeting of July 1, 2014, the City Commission approved an LDR text amendment to increase the maximum allowable residential density for GC zoned properties within the Infill Workforce Housing Overlay District from 18 dwelling units per acre to 22 dwelling units per acre. At this meeting, the City Commission also approved a Comprehensive Plan amendment to increase the maximum allowable residential density to 22 dwelling units per acre. The City Commission granted the approvals with the following specific instructions to the applicant: 1. That the architecture be of a superior quality. 2. That the site be designed to reduce the massing of the 4-story building on the adjacent residential neighborhood to the south. The applicant proposes to demolish the existing commercial structure and construct a 188-unit multiple family development. Pursuant to LDR Section 4.4.9(D)(18), stand-alone multiple family developments up to 22 dwelling units per acre are considered conditional uses in the GC zoning district and are subject to the RM (Multiple Family Residential) zoning district regulations except for setbacks and height, which are subject to the GC zoning district regulations. There is a concern with respect to access to the FIND parcel. It is noted that the existing FIND access easement is in the same general location as noted on the concept plan with the exception that it currently utilizes the southern driveway onto Federal Highway rather than the northern driveway as proposed by the developer. However, the winding path to the access point to the FIND parcel is inefficient and poses a potential conflict with the entrance gate during the operation of the fill removal. Further, the conceptual plan indicates that the trucks will have to cross a curb and landscape area to get to the FIND parcel. It is recommended that the developer and FIND representatives meet to resolve access concerns prior to approval of the site plan. Ultimately, however, the issue is a civil matter between the FIND and the developer regarding the location of the access easement. The City of Delray does have site plan authority over design issues that may arise from the location of the easement. At the very least, paved access to the eastern property line should be provided and this is attached as a condition of approval. At its meeting of October 20, 2014, the Planning and Zoning Board held a public hearing in conjunction with the request. After discussing the proposal, the Board voted 4-1 (Davey opposed, Bird absent) approval of the conditional use to allow a free standing multiple family development in the GC zoning district for Delray Preserve based on a positive finding with respect to the Comprehensive Plan and that it meets criteria set forth in Sections 2.4.5(E)(5), 4.4.6(I), Article 4.7 [Family/Workforce Housing], and Chapter 3 of the Land Development Regulations, subject to the following conditions: 1. Approval of a site plan by SPRAB that is in general conformance to the submitted sketch plan and addresses the "Exhibit"A" - Technical Items" attached in the staff report. 2. That the applicant seeks to extend the landscape island at the southern driveway into the Federal Highway right-of-way. 3. That the paved strips be raised to address vehicle speeds. 4. That the two paths in the nature preserve be mulched, or a pervious ADA compliant material such as Flexi-pave be installed. 5. That a temporary irrigation system be used during the establishment period of the nature preserve. 6. That a bus shelter is installed along Federal Highway. 7. That a CCTV camera be provided at the pool/clubhouse area. 8. That the applicant executes a restrictive covenant that delineates the operation of the workforce housing program. 9. That a finding of concurrency be submitted from the Palm Beach County School District. 10. That a minimum of a 5-foot front setback be provided along Federal Highway. 11. That paved access is provided to the FIND parcel. RECOMMENDATION Move approval of the conditional use request to allow a free-standing multiple family development in the GC zoning district for Delray Preserve, by adopting the findings of fact and law contained in the staff report, and finding that the request, and approval thereof, is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(E)(5), 4.4.6(I), and Chapter 3 of the Land Development Regulations, subject to the following conditions: 1. Approval of a site plan by SPRAB that is in general conformance to the submitted sketch plan and addresses the "Exhibit"A" - Technical Items" attached in the staff report. 2. That the applicant seeks to extend the landscape island at the southern driveway into the Federal Highway right-of-way. 3. That the paved strips be raised to address vehicle speeds. 4. That the two paths in the nature preserve be mulched, or a pervious ADA compliant material such as Flexi-pave be installed. 5. That a temporary irrigation system be used during the establishment period of the nature preserve. 6. That a bus shelter is installed along Federal Highway. 7. That a CCTV camera be provided at the pool/clubhouse area. 8. That the applicant executes a restrictive covenant that delineates the operation of the workforce housing program. 9. That a finding of concurrency be submitted from the Palm Beach County School District. 10. That a minimum of a 5-foot front setback be provided along Federal Highway. 11. That paved access is provided to the FIND parcel. GULF STREAM BOULEVARD SEA CREST BLVD. _, Alec. ORCHID LANE o CONTINUING Au so CHURCH & a Lek 7 CHRISTIAN GULF STREAlh DRIVE J SCHOOL 0 ZE 0 S m w ❑ se 1 TbrJlabao F- SE CRE T ANE O OECARIE STREET J IArDiGO p01� r LU a � - o U cs A4UACRE$T w - Ld POOL EACREST SOCCER 3 COMPLEX AND TANGERINE WAY SA 1 HILL TOPPER FIELD - EMERALD Flow S T+ y CANARY WALK 1 � TRACK FIELD 1_ N.E.22ND LANE Ale�2N MAR ONE I cAyF VOLK AGEN c AVENUE AU SOLEIL a n W AUTONATION y } STR. VOLVO DELRAY _ N.E. 22ND _ n o �s EST N.E. 21ST ST. r 4i w M.S.A. TRACT CL N.E. 20TH ST. SIREET 4 �Nlr KOKOMO 1 Q LLJ KEY 1 m ALLEN AVE, N N. E. 17TH T. ¢ p 1 0 WAY M.S.A. TR 1 T. i N. E. 16TH ST. 0 1 _ M THE - EASTMEW AVE. Q ESTUARY 1 = i E 1 E. 15TH ST. - 1 4 LAKE AVENUE N. LANE i i d N.E. 141H ST. (LAKE AVE.) '. O r Z LAKE AVENUE S. 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DELRAY PRESERVE COLOR SAMPLES/FINISHES SCHEDULE Please note type of material proposed ATTACH SAMPLES ATTACH SAMPLES ROOF /ENTEGRA ROOF TILE AWNINGS BELLA COLLECTION N/A FLORIDA ACCENT WALLS WALL RAILINGS SW6070 SW7005 SW7069 HERON PLUME PURE WHITE IRON ORE (TOWERS) FASCIA DOORS SW7510 SW7510 CHATEAU BROWN CHATEAU BROWN WINDOWS FRAMES SCREENING NIA SW7069 (PATIO/POOL) IRON ORE TRIMS SHUTTERS OTHER GARAGE DOORS I SHUTTERS SW6241 SW7510 ALEUTIAN CHATEAU BROWN TRI MS TRIMS SHUTTERS SHUTTERS GARAGE DOORS GARAGE DOORS SW6206 SW0007 OYSTER BAY DECOROUS AMBER INDICATE FINISH TYPE (Flat, Gloss etc): FLAT _1 CONDITIONAL USE RE-SUBMITTAL -09112114 47, .................. > 9MNWId VEJJHOJV VGIHOIJ 'HOV38,,V2113C '"<) 'iN.3V4dCl]A]G JZ -H S10311 HOdV 3AU39MUd AVUIEU 9 KlAQ wiw -------- VSN 'SI03JJH08V�11 LU U) z LU -J L.J EM Z LU ................... LU 4, LU U) uk V Z 0 > LU LLI 4 IL LLJ 7=7mm ISM LU o n LU o A;94 a. z 0 Ji Ji co —13H NI-Ifl NVI-A �7 xi 111111W E;msmm,%-!Wqww� MPIRE Emil �111 0 I MON. I AN1111 11011 ]MIS NJ log All vaiaol� 'HOV3e val3atl K6,a tl S'JNNbld s8jIT13111H3?Jb tl � 'O-n'A3Wd013AM AZ 3iaueowaooinxnoe S103iIHOdVIj 3JI1J0 IW N ' 'JNI'SL'l3LIl bSW VSN a p ® €7 EM z ® O w o w s m e fr[u u LU Z W o a U > Y� J W Q F w w ❑ A � d l I fill .....__ Z i Z � � O O e J J W W — V IL r aZ PLANNING AND ZO CITY OF D LRAY BEACH ---STAFF REPORT--- MEETING DATE: October 20, 2014 ITEM: Conditional Use Request for Delray Preserve to Allow a Free Standing Multiple Family Development up to 22 dwelling units per acre (21.94 dwelling units per acre) in the GC (General Commercial) Zoning District on the East Side of North Federal Highway, approximately 460 feet north of Allen Avenue. GENERAL DATA: _ . Applicant.................. Zorn Florida 4 Agent......................... Covelli Design Associates, Inc. V x �— M'LLTOPPER FIELD # Owner......................... PD Len Delray, LLC and Garr J Y --- Location............... East Side of North Federal Highway, approximately 460 feet north of ' � ' MAR .. i- Allen Avenue -� YALS�APE W Ste. :.. Property Size.................. 8.568 acres E Future Land Use Map..... GC (General Commercial) ST. Current Zoning............... GC (General Commercial) -- ,- ................. V+- Adjacent Zoning....North: GC East: P (Public--Town of Gulf Stream) South: RM (Multiple Family Residential) West: GC Existing Land Use.......... Vacant I ESTUARY Proposed Land Use........ Conditional Use Request for a Proposed Stand Alone Multiple ME. {TM 91. • � ~ Family Project Known as Delray E Preserve _- ij ..... - .. ....... Water Service................. Existing on site �. Sewer Service.............ee. Existing on site ...... .... _.. w: . ITEM BEFOIIE THE BO�►RD The action before the Board is making a recommendation to the City Commission on a conditional use request for Delray Preserve to allow a free-standing multiple family development in the GC (General Commercial) zoning district up to 22 dwelling units per acre (21.94 dwelling units per acre proposed) [LDR Section 4.4.9(D)(18)], pursuant to Land Development Regulation (LDR) Section 2.4.5(E). The property is located on the east side of Federal Highway, approximately 460 feet north of Allen Avenue (2001 and 2101 North Federal Highway) and the site of the former Delray Lost Drive In Swap Shop and Second Chance Emporium. I�AICROEIIIE20JLT DESOT �?N The properties consist of portions of the Model Subdivision (8.568 acres). The subject properties are located within the North Federal Highway Redevelopment Area and are zoned GC. The properties contain the former Delray Lost Drive In Swap Shop and the Second Chance Emporium. At its meeting of May 2, 2006, the City Commission approved two conditional use requests for a stand- alone residential development to exceed 12 dwelling units per acre (17.8 dwelling units per acre proposed). This project was known as Village Parc. At its meeting of May 24, 2006, the Site Plan Review and Appearance Board approved the subsequent site plan application. This development was never constructed. At its meeting of July 1, 2014, the City Commission approved an LDR text amendment to increase the maximum allowable residential density for GC zoned properties within the Infill Workforce Housing Overlay District from 18 dwelling units per acre to 22 dwelling units per acre. At this meeting, the City Commission also approved a Comprehensive Plan amendment to increase the maximum allowable residential density to 22 dwelling units per acre. The City Commission granted the approvals with the following specific instructions to the applicant: 1. That the architecture be of a superior quality. 2. That the site be designed to reduce the massing of the 4-story building on the adjacent residential neighborhood to the south. The applicant proposes to demolish the existing commercial structure and construct a 188-unit multiple family development. Pursuant to LDR Section 4.4.9(D)(18), stand-alone multiple family developments up to 22 dwelling units per acre are considered conditional uses in the GC zoning district and are subject to the RM (Multiple Family Residential) zoning district regulations except for setbacks and height, which are subject to the GC zoning district regulations. The applicant has submitted a conditional use application for the multiple family project on the GC parcel and is now before the Board for consideration. GONDITINL USE ANALXSIS REQUIRED FINDINGS (Chapter 3): Pursuant to LDR Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body, which has the authority to approve or deny the development Planning and Zoning Board Staff Report: 10/20/14 Delray Preserve-Conditional Use Request Page 2 application. These findings relate to Future Land Use Map Consistency, Concurrency, Comprehensive Plan Consistency and Compliance with the LDR's as noted below. FUTURE LAND USE MAP: The use or structures must be allowed in the zone district and the zoning district must be consistent with the land use designation. The property has a Future Land Use Map and Zoning District designation of GC (General Commercial). Pursuant to LDR Section 4,4.9(D)(18), free-standing multiple-family housing is allowed as a conditional use in the GC zoning district up to a maximum of 22 dwelling units per acre. Pursuant to the North Federal Highway Redevelopment Plan: "The City encourages additional residential development in the study area. There are few vacant building lots within the existing residential neighborhoods and new development on these lots within the existing residential neighborhoods and new development on these lots is limited to infill single and low density multiple family housing," The North Federal Highway Redevelopment Plan further indicates that: "The potential for mixed-use development consisting of commercial uses on the ground floor and residential units above also exists along Federal Highway. The convenience of living and working in the same area saves time and reduces dependence on the automobile." The "stand-alone" multiple family development will, in part, meet the goal of providing additional residential units in the study area. However, the development proposal fails to provide a commercial component that will encourage the live/work scenario envisioned by the North Federal Highway Redevelopment Plan, which indicates that: "the bottom floors of the buildings along the highway should be for commerce and other non-residential uses. Upper floors should be dominated by offices and residences." Based upon the above, positive findings can be made with respect to consistency with the Future Land Use Map since the proposed development provides the residential units identified by the North Federal Highway Redevelopment Plan despite the lack of the commercial component. The City has had similar findings with previous multiple family developments such as the Old Palm Grove Development at the intersection of Federal Highway and Estuary Way and the recently approved St. George townhome project located on the east side of Federal Highway, approximately 360 feet north of George Bush Boulevard. CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. Water and Sewer: Water service is available via an existing 10 inch water main along Federal Highway. Sewer service is available via an existing 12 inch main along Federal Highway. The conditional use submission does not include conceptual engineering plans. The provision of sewer, water, and fire suppression services will be reviewed as part of the site plan process. Pursuant to the City's Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build-out. Based upon the above, positive findings can be made with respect to this level of service standard. Drainage: The conditional use submittal does not include conceptual engineering plans. It is noted that the storage capacity of the drainage system will be reviewed as part of the site plan and building permit processes. It is anticipated that a finding of concurrency can be made during the site plan process. Based upon the above, positive findings with respect to this level of service standard can be made. Streets and Traffic: The applicant has submitted a traffic study that indicates that the proposed development will generate a net increase of 1,435 average daily trips, 104 a.m. peak hour trips, and 127 p.m. peak hour trips. A finding of concurrency has been received from the Palm Beach County Traffic Engineering Division. it is noted that the traffic study was based on original development proposal of 205 Planning and Zoning Board Staff Report: 10/20/14 Delray Preserve-Conditional Use Request Page 3 dwelling units. The actual traffic impact will be less given the reduction to 188 dwelling units. This reduction and resulting update to the trip generation will be addressed and updated during the site plan process. Parks and Recreation Facilities: The Open Space and Recreation Element of the City's Comprehensive Plan indicates in its conclusion that "the City will have sufficient recreation facilities at build-out to meet the adopted standards". A park impact fee is collected to offset any impacts that the project may have on the City's recreational facilities. Pursuant to LDR Section 5.3.2, a park impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building permit for each unit. A total fee of $94,000 will be required of this development for parks and recreation purposes. Solid Waste: The proposed 188 dwelling units will generate 97.76 tons of solid waste per year (188 units x 0.52 tons = 97.76 tons). The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals till the year 2047, thus a positive finding with respect to this level of service standard can be made. Schools: A finding of concurrency has not been received from the Palm Beach County School District. It is anticipated that the School District will make a finding of concurrency. A condition of approval is attached that a finding of concurrency be submitted from the Palm Beach County School District. CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required findings in LDR Section 2.4.5(E) (5) for the Conditional Use request shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objectives and policies that are relevant to the Conditional Use applications are noted: Future Land Use Element Ob`ective A-1: Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate and complies in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. There are no special physical or environmental characteristics of the land that would be negatively impacted by the proposed development. The development will be complimentary with the surrounding commercial and residential developments and provide a customer base for the businesses on a year- round basis, which in turn will provide economic stability and be a catalyst for growth in the area. Future Land Use Element Policy C-1.4 The following pertains to the North Federal Highway Corridor: The North Federal Highway Corridor is defined as the area bounded by the FEC railroad right-of- way to the west, the easterly boundary of the CRA to the east, George Bush Boulevard to the south, and the north City limits to the north. Properties in the corridor that front on Federal Highway primarily contain small-scale, strip commercial development. Many parcels in the area contain vacant or dilapidated structures, substandard parking, and substandard landscaping. The area also contains residential areas identified as "Stabilization" and "Revitalization" on the Residential Neighborhood Categorization Map contained in the Housing Element. Many of the remaining parcels in the area are currently vacant. Planning and Zoning Board Staff Report: 10/20/14 Delray Preserve-Conditional Use Request Page 4 Due to those conditions, the North Federal Highway Corridor is hereby identified as a blighted area. The North Federal Highway Redevelopment Plan was approved by City Commission on March 16, 1999. The Plan identified the need for limited rezonings and LDR amendments, along with improvements necessary to accomplish certain redevelopment goals. Future development in the area must be in accordance with the provisions of the Redevelopment Plan. The goals of the redevelopment plan are to improve the appearance of the area and to stimulate the revitalization of the North Federal Highway Corridor by encouraging new development. The new residential development will help to stimulate related commercial development along Federal Highway by creating demand for goods and services in the area. If a mixed use development had been proposed, both the residential and service oriented commercial uses would be complimentary to each other and the redevelopment area as a whole. While a mixed use development would have been ideal, the residential- only proposal helps to fulfill several of the items listed above. Further, the proposed redevelopment will further stabilize the corridor and eliminate one of the blighting elements that have stunted redevelopment efforts in the area. Transportation Element Policy A-1.5: New residential projects over 25 units and nonresidential projects over 10,000 square feet adjacent to existing or future Palm Tran bus stops shall provide an easement and install a city-approved bus shelter on site. If the project is not adjacent to a bus stop, or a bus shelter already exist, a contribution shall be made to the City in-lieu of providing the bus shelter on site. The development proposal includes a shelter easement at the northern portion of the property along Federal Highway, Transportation Element Policy A-2.2 Commensurate with approval of development plans, provisions shall be made for dedication of land for the ultimate planned right-of-way of adjacent streets. Such dedication shall also include sufficient right-of-way for expansion of intersections pursuant to the Palm Beach County Thoroughfare Right-of-Way Identification Map. Per LDR Section 5.3.1(A)(3) and Table T-1 of the Transportation Element, the required right-of-way width of Federal Highway (northbound lane) is 60 feet and 50 feet exists adjacent to the subject property. The 10-foot dedication is noted on the conceptual plan. Transportation Element Policy D-2.2: Bicycle parking and facilities shall be required on all new development and redevelopment. Particular emphasis is to be placed on development within the TCEA Area. The development proposal provides bicycle racks at the recreational facilities. Based on the above, the policy has been met with the proposed development. Open Space and Recreation Element Policy A-3.1: Tot lots and recreation areas serving children from toddlers to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area and for infill projects having fewer than 25 units. The development proposal includes an E-lounge and game room in the clubhouse for teens, a tot lot between buildings #3 and #5 for toddlers, and a swimming pool. Details of the tot lot equipment need to be provided and this will be addressed as part of the site plan process. Based on the above, a positive finding can be made. Planning and Zoning Board Staff Report: 10120114 Delray Preserve-Conditional Use Request Page 5 Housinq Element Policy A-11.1 The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood, and shall allow opportunity for public input on the proposed change. If it is determined that the widening or modification will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted. As noted previously, the Palm Beach County Traffic Engineering Division expressed concerns with vehicles leaving the property to make the turn onto southbound Federal Highway. In order to discourage this traffic maneuver, the applicant will add a directional median also known as a "peanut" in Federal Highway. Further, at the direction of staff, the applicant has eliminated one of the outbound lanes at the southern entrance and replaced it with a directional landscape island that further encourages the northbound only turning movement. Extending this landscape island to the Federal Highway gutter would further enhance this directional movement. A condition of approval is attached that the applicant seeks to extend this landscape island into the Federal Highway right-of-way. _Housing Element Objective B-2: Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in this Element. Policies, which will implement this objective, include: Housing Element Policy B-2.2 - The development of new adult oriented communities within the City is discouraged. New housing developments shall be designed to accommodate households having a range of ages, especially families with children, and shall be required to provide 3 and 4 bedroom units and activity areas for children ranging from toddlers to teens. This requirement may be waived or modified for residential development located in the downtown area, and for infill projects having fewer than 25 units. This project will not be excluded to occupancy by adults only. The project does not provide the desired mix of household types since a four bedroom unit type is not provided. The development does provide the facilities for children of different ages including E-loungelgame room for the older kids and a play area for the toddlers. While the project does not meet this policy, the project does provide a balance of larger (family friendly) units near the downtown to counterbalance the number of one and two bedroom units approved in the core area. Based on the above, this Policy has essentially been met. Policy B-2.3 New housing developments shall include a range of housing types that offer variety in size, color, and style. The development provides nine varieties of floor plans that have the same color and style. The buildings provide some individual garages that would be available to residents. Further, the development offers essentially two types of building products. The first is a two and three story walk-up model. The other is a four story product that offers elevator access to the dwelling units on the upper floors. Thus, the development does offer a variety of options that might appeal to persons with different physical needs and tastes. However, given the "monoculture" with respect to the architectural composition and color scheme for a project of this size, the proposed development is only partially consistent with this Policy. Housing Objective A-12: To assist residents of the City in maintaining and enhancing their neighborhood environment, the City shall take steps to ensure that modifications in and around the neighborhood do not lead to its decline, such as those described in the following policies. Housing Policy A-11.3: In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Planning and Zoning Board Staff Report: 10/20/14 Delray Preserve-Conditional Use Request Page 6 Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. The directional traffic elements employed at the southern driveway will discourage potential traffic conflicts that would occur from vehicles exiting the property and turning onto southbound Federal Highway. These traffic techniques would be further enhanced by extending the landscape median on the property to the curb along Federal Highway and a related condition of approval is attached. The development proposal has provided landscape and open space to buffer the multiple family project from the Kokomo Key multiple family development to the south. The proposed development will eliminate vacant lands that have had a detrimental effect on the redevelopment efforts along North Federal Highway. The proposal will not have a degrading impact on the surrounding neighborhood and will be a further stabilizing influence to the North Federal Highway corridor. f Performance Standards; Per LDR Section 4.4.6(1)(1), in order to increase a project density beyond six (6) units per acre, the approving body must make a finding that the development substantially complies with the performance standards listed in this section. The intent of the standards are to mitigate the impacts of the additional density both internal and external to the site. The extent to which a project meets the standards will determine the number of units per acre that will be permitted. For example, if a project meets or exceeds all of the standards, and is otherwise consistent with applicable standards and policies of the City's Comprehensive Plan and Land Development Regulations, the maximum density is permitted. Projects which only partially achieve these standards will be permitted a correspondingly lower density. The performance standards are as follows: (a) The traffic circulation system is designed to control speed and reduce volumes on the interior and exterior street network. This can be accomplished through the use of traffic calming devices; street networks consisting of loops and short segments; multiple entrances and exits into the development; and similar measures that are intended to minimize through traffic and keep speeds within the development at or below 20 m.p.h. The circulation system consists of a loop road that connects to Federal Highway via two driveways. The southern driveway is the primary entrance for the residents. The project does not provide direct through-traffic to any other neighborhood. The northern and southern east-west drive aisles are the two that provide the most opportunity for vehicles to exceed 20 m.p.h. To address this, the development provides two flush paver strips per drive aisle. It is noted that flush mounted paver strips may not provide the incentive to keep vehicles at lower speeds. A condition of approval is attached that these paved strips be raised to reduce vehiclular speeds. If approved as a condition, the proposed development would comply with this performance standard. (b) Buildings are placed throughout the development in a manner that reduces the overall massing, and provides a feeling of open space. The majority of the buildings are placed throughout the property in a manner that will provide relief from the sense of massing and provide a feeling of open space. However, buildings #3 and #4 do not comply with the City's building separation requirement [LDR Section 4.6.2(6)]. It is noted that most of the seven buildings comply with the minimum building separation requirements. The separation between building #3 and #4 will require relief through an internal adjustment [63 feet required, 40 feet proposed, pursuant to LDR Section 4.6.2(B)]. The internal adjustment is limited to the area between only two of the seven proposed building, and it allows additional buffer areas to Planning and Zoning Board Staff Report: 10120114 Delray Preserve-Conditional Use Request Page 7 be designed both internal to the project as well as along the perimeter. The design of the project substantially complies with this performance standard. (c) Where immediately adjacent to residential zoning districts having a lower density, building setbacks and landscape materials along those adjacent property lines are increased beyond the required minimums in order to provide a meaningful buffer to those lower density areas. Building setbacks are increased by at least 25% of the required minimum; at least one tree per 30 linear feet (or fraction thereof) is provided; trees exceed the required height at time of planting by 25% or more; and a hedge, wall or fence is provided as a visual buffer between the properties. The property is bordered on the south by RM (Multiple Family Residential) zoning district, which has a lower allowed density than the subject property. The required standard setback along the southern property line is 0 feet from the property line. Thus, the enhanced setback is also 0 feet. Per LDR Section 4.6.16(E)(5), trees are required to be a minimum of 16 feet at the time of planting, With the added height requirement, the trees along the south side of the property need to be a minimum of 20 feet at the time of planting. The landscape plan indicates that 20-foot high Live Oak trees, Royal Palms, and Coconut Palms will be planted in this area. Further, a 4.5-foot high Small Leaf Clusia hedge will be installed along the southern line. There is a 6-foot high masonry wall located along the north side of the Kokomo Key subdivision. Based on the above, the development has demonstrated compliance with this performance standard. (d) The development offers a varied streetscape and building design. For example, setbacks are staggered and offset, with varying roof heights (for multi-family buildings, the planes of the facades are offset to add interest and distinguish individual units). Building elevations incorporate diversity in window and door shapes and locations; features such as balconies, arches, porches, courtyards; and design elements such as shutters, window mullions, quoins, decorative tiles, etc. The building style of the development is a Mediterranean influence. The roof line varies in height and includes a Florida Bella blend of S-tiles. The roof system is primarily a hip system and includes some opposing gable and hip roofs. The building elevations contain no notations regarding building materials and finishes. However, some of the notable architectural features include decorative rafter tails, barrel vents, medallions, column supports, vertical picket rails at the balconies, belly railing, and shutters. The first floor of the western facade of building #1 includes detailing to replicate the front entrance of the building. These details include single hung doors, decorative picket railing and gate with a decorative arbor. The garage entrances have alternating door styles and colors. The primary wall color is Heron Plume (off-white) with wall accents of Pure White (off-white). The fascia, doors, and some of the shutters will be painted Chateau Brown (dark brown). The window frames and railings will be painted Iron Ore (black). The trim and some of the shutters and garage doors will be painted Aleutian (silver blue). Other trim, shutters and garage doors will be painted Oyster Bay (greenish gray). The remaining trim, shutters and garage doors will be painted Decorous Amber (medium brown). It is noted that all finishes will be applied with flat paint. The building elevations are aesthetically appealing and will be an asset to the North Federal Highway corridor. Based on the above, a finding can be made that the development substantially complies with this performance standard. (e) A number of different unit types, sizes and floor plans are available within the development in order to accommodate households of various ages and sizes. Multi-family housing will at a minimum have a mix of one, two and three bedroom units with varying floor plans. Single family housing (attached and detached) will at a minimum offer a mix of three and four bedroom units with varying floor plans. Planning and Zoning Board Staff Report: 10/20/14 Delray Preserve-Conditional Use Request Page 8 The development proposal consists of 55 one-bedroom units with two floor plans; 85 two-bedroom units with four floor plans; and 48 three-bedroom dwelling units with three floor plans. Based on the above, the development proposal complies with this performance standard. (f) The development is designed to preserve and enhance existing natural areas and/or water bodies. Where no such areas exist, new areas which provide open space and native habitat are created and incorporated into the project. The property does not contain an existing natural area or water body that warrants preservation. The development includes the creation of an approximately 15,000 square foot area on the north side of building 45 for this purpose. The preserve area consists of native vegetation and two pedestrian paths. The vegetation list in this area consists of 19 different species of trees, palms, and understory material. It is recommended that the two paths be mulched rather than paved, or a pervious ADA compliant material such as Flexi-pave be provided. Further, a temporary irrigation system should be used during the establishment period. The pathways and the temporary irrigation is attached as a condition of approval. Based on the above, the development proposal complies with this performance standard, subject to the condition of approval. (g) The project provides a convenient and extensive bicycle/pedestrian network, and access to available transit. A City approved bus shelter and mass transit easement needs to be provided per City of Delray Beach Comprehensive Plan, Policy A-1.5. New residential projects with over 25 units adjacent to existing or future Palm Tran bus stops are required to provide an easement and install a City approved bus shelter on site. The easement is noted on the conceptual plans. Thus, the development needs to install a bus shelter and this is attached as a condition of approval. Summary: In conclusion, all of the performance standards are applicable to the proposed development. To achieve the proposed 21.94 dwelling units per acre, the applicant should substantially meet all applicable standards. Since the project has substantially complied with all of the performance standards, staff supports the request for 21.94 dwelling units per acre and the associated conditional use request. FAMILY/WORKFORCE HOUSING: Minimum Family/Workforce Housing: Pursuant to LDR [Land Development Regulation] Section 4.4.9(D)(18), the development is required to provide workforce housing units per LDR Article 4.7. The number of workforce units provided on-site is determined by LDR Section 4.7.4(d) Table 1, which is a sliding scale depending on the type of workforce unit (i.e. Very Low, Low, or Moderate) that is provided. The proposed development provides 85 dwelling units above the base density of 12 dwelling units per acre. Based on this, the development will need to provide between 22 and 43 workforce dwelling units (based on the allowable density range of 2 bonus dwelling units per moderate income housing unit provided to 4 bonus dwelling units per very low income housing unit provided). The more Very Low units that are provided, the fewer workforce units that need to be provided versus Moderate units which requires more total workforce units. The applicant will need to execute a restrictive covenant that delineates the operation of the workforce housing program and this is attached as a condition of approval. The City will be responsible for monitoring the applicant's adherence to this restrictive covenant. Planning and Zoning Board Staff Report: 10/20/14 Delray Preserve-Conditional Use Request Page 9 LDR SECTION 2.4.5(E) - REQUIRED FINDINGS: Pursuant to LDR Section 2.4.5(E)(5), in addition to provisions of Chapter 3, the City Commission must make findings that establishing the conditional use will not: A. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; B. Nor that it will hinder development or redevelopment of nearby properties. The subject property is bordered on the north and west by GC (General Commercial) zoning, on the east by P (Public — Town of Gulf Stream), and on the south by RM (Multiple Family Residential — Medium Density). The proposed multiple family development will have a stabilizing effect on the residential neighborhood to the south and the North Federal Highway corridor in general. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: In conjunction with the Conditional Use request a sketch plan was submitted which staff has reviewed. Additional technical issues identified in Exhibit "A" will need to be addressed. Based upon staff's review of the sketch plan and site inspections, the following analysis is provided. Parking Requirements: Per LDR Section 4.6.9(C)(2)(c), parking for multi-family residential structures must be provided pursuant to the following: • Efficiency dwelling unit 1.0 space/unit • One bedroom dwelling unit 1.5 spaceslunit • Two or more bedroom dwelling unit 2 spaces/unit • Guest parking shall be provided cumulatively as follows: - for the first 20 units 0.50 spaces/unit - for units 21-50 0.30 s aces/unit - for units 51 and above 0.20 spaces/unit Based on the above, the proposed development (55 one-bedroom units, 85 two-bedroom units, and 48 three-bedroom units) is required to provide 395 parking spaces. The development proposal complies with this requirement since a total of 397 parking spaces are provided. Front Setback: Per LDR Section 4.4,9(17)(2)(a), parcels shall have a minimum front building setback of five feet (5') measured from the ultimate right-of-way line. The maximum setback shall be fifteen feet (15), unless it can be demonstrated to the Site Plan Review and Appearance Board that it is not feasible to comply with this standard. The proposed clubhouse encroaches into the required 5-foot minimum setback. The site plan will need to be revised to provide a minimum of 5 feet and this will be addressed as part of the site plan process. Planning and Zoning Board Staff Report: 10/20/14 Delray Preserve-Conditional Use Request Page 10 Distance Between Residential Buildings: Per LDR Section 4.6.2, a separation of 63 feet is required between buildings #3 and #4 and 40 feet is proposed. The applicant has submitted an internal adjustment request to reduce the building separation. This will be addressed as part of the site plan process. :W REIE The proposed development is not in an area that requires review by the Downtown Development Authority (DDA). i Community Redevelopment Agency The Community Redevelopment Agency (CRA) considered the development proposal at its meeting of August 14, 2014 and recommended approval with concerns that the building elevations and traffic concerns be addressed. Florida Inland Navigation District(F.I.N.D.) The FIND has reviewed the access to their property along the east side of the property. They have indicated that the southerly access is not acceptable to them and expressed hope that an acceptable solution can be achieved by working with the applicant. Site Plan Review and Appearance Board. If the Conditional Use request is approved by the City Commission, a site plan application will be processed with final action by SPRAB. Courtesy Notice: Courtesy notices have been provided to the following homeowner's associations and interested parties, which have requested notice of developments in their areas: ➢ Delray Citizen's Coalition ➢ Estuary ➢ La Hacienda ➢ Old Palm Grove ➢ Kevin Osborn ➢ Kokomo Key Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Any letters of support or objection will be presented at the Planning and Zoning Board meeting. vASSESS(VIEN"� C �I'GLUSIpN The proposed development will increase the customer base for the commercial uses along North Federal Highway and eliminate a vacant parcel of land that has adversely affected redevelopment as a blighting element of the corridor. There is a concern with respect to the access to the FIND parcel. The winding path to the access point to the FIND parcel is inefficient and poses a conflict with the entrance gate _ .............. Planning and Zoning Board Staff Report: 10/20/14 Delray Preserve-Conditional Use Request Page 11 during the operation of the fill removal. Further, the conceptual plan indicates that the trucks will have to cross a curb and landscape area to get to the FIND parcel. It is recommended that the developer and representatives meet to resolve access concerns. At the very least, paved access to the property line should be provided. The development will be an aesthetic asset to the North Federal Highway area and the adjacent neighborhoods. The proposed use is consistent with the objectives and policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. Positive findings can be made with respect to LDR Section 2.4.5(E)(5) regarding compatibility of the proposed development with the surrounding properties that support the requested multiple family project. _�A;LTERIM7,r 1fE AGTIO�i� A. Postpone with direction. B. Move a recommendation of approval of the conditional use request to allow a free-standing multiple family development in the GC zoning district for Delray Preserve, by adopting the findings of fact and law contained in the staff report, and finding that the request, and approval thereof, is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(E)(5), 4.4.6(1), and Chapter 3 of the Land Development Regulations, subject to conditions. C. Move a recommendation of denial of the conditional use request to allow a free-standing multiple family development in the GC zoning district for Delray Preserve, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet criteria set forth in Sections 2.4.5(E)(5), 4.4.6(1), and Chapter 3 of the Land Development Regulations. LLIl1F IDI AST{CAN Move a recommendation of approval of the conditional use request to allow a free-standing multiple family development in the GC zoning district for Delray Preserve, by adopting the findings of fact and law contained in the staff report, and finding that the request, and approval thereof, is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(E)(5), 4.4.6(1), and Chapter 3 of the Land Development Regulations, subject to the following conditions: I. Approval of a site plan by SPRAB that is in general conformance to the submitted sketch plan and addresses the "Exhibit "A" -Technical Items" attached in the staff report. 2. That the applicant seeks to extend the landscape island at the southern driveway into the Federal Highway right-of-way. 3. That the paved strips be raised to address vehicle speeds. 4, That the two paths in the nature preserve be mulched, or a pervious ADA compliant material such as Flexi-pave be installed. 5. That a temporary irrigation system be used during the establishment period of the nature preserve. 6. That a bus shelter is installed along Federal Highway. 7. That a CCTV camera be provided at the poollclubhouse area. Planning and Zoning Board Staff Report: 10/20/14 Delray Preserve-Conditional Use Request Page 12 8. That the applicant executes a restrictive covenant that delineates the operation of the workforce housing program. 9. That a finding of concurrency be submitted from the Palm Beach County School District. 10. That a minimum of a 5-foot front setback be provided along Federal Highway. 11. That paved access is provided to the FIND parcel. Attachments: • Conceptual Plans • Exhibit A" • Location Map • Correspondence from the public Planning and Zoning Board Staff Report: 10/20/14 Delray Preserve- Conditional Use Request Page 13 EXHIBIT`� T 1. That Unit A3 provides a minimum of 900 square feet of floor area. 2. That details of the tot lot and equipment are provided. 3. That details of the chain link fence are provided. 4. That a photometric plan be submitted that demonstrates compliance with LDR Section 4.6.8(A)(3). 5. That the FDOT line-of-sight lines are graphically noted on the plans per LDR Section 4.6.14(B)(5). 6. That a minimum driveway depth of 20 feet is provided for all of the garages. 7. That a public access easement is provided for the sidewalk that encroaches onto the property. 8. The trees along Federal Highway that are adjacent to FPL's easement need to comply with FPL's Right Tree, Right Place regulations. This will require to either shift the trees closer to the building or to switch to a smaller tree. Foundation tree requirements will still have to be met, most likely with the use of large palm trees. 9. There are existing overhead lines on the south side of the property line that are not shown on the landscape plans. Show on plans. These lines will need to be buried in order to achieve the planting scheme that is currently proposed. Another option to consider is to decrease the width of the landscape buffer on the south side to seven feet (7'), which will provide for the required five foot (5') wide buffer plus the two foot (2) car overhang. The extra five feet (5' +1-) can then be added to the south of the sidewalk, south of buildings 2 and 5, creating the opportunity to plant the large canopy trees that will be required as per the landscape code and performance standards. These canopy trees shall be specified at 25% over the minimum height requirements to achieve the performance standard for this development. 10. There is a conflict between a drainage structure and associated landscaping on the east side of the tot lot. Coordinate with the engineer to resolve this issue and any other utility issues. 11. A Landscape Maintenance Agreement will need to be submitted if the landscaping that is proposed in the right-of-way of Federal Highway is to remain. Please see attached and submit this agreement with the requested exhibits ASAP. This will need to go to City Commission for approval. 12. Provide Engineering Plans with existing and proposed spot elevations showing changes of elevations of not more than 2-feet, throughout the site and at aminimum distance of 10-feet into all adjacent properties per LDR Section 2.4.3 (B) (20) and (D) (2). Provide sufficient elevations to ensure proposed improvements will not have a negative impact on surrounding drainage and to establish historical storm water flow. 13. Provide existing elevations on existing roadway including edge of pavement and center line. 14. Clearly indicate limits of right-of-way and center line of the right-of-way of any adjacent streets with the basis of the center line clearly stated; the center line of the existing pavement; the width of the street pavement; the location and width of any adjacent sidewalk; and the identification of any improvements located between the property and any adjacent street per LDR Section 2.4.3 (B) (5). Planning and Zoning Board Staff Report: 10/20/14 Delray Preserve-Conditional Use Request Page 14 15. Please coordinate location of all existing and proposed easements on Plat, Site, Civil, Landscape and Composite Utility Plans. Existing and proposed easement locations and labeling needs to be consistent on all plans. 16. Indicate right-of-way dedications on all plans in accordance with LDR Section 5.3.1. 17. Indicate Line of Sight 1 Sight Distance in accordance with the FDOT Design Standard index 546, at FDOT intersections. 18. Provide location of aboveground and underground utilities including water, sewer, drainage, electric, gas, telephone, cable television, poles and guy wires, transformer boxes etc. per LDR Section 2.4.3 (B) (8) and 2.4.3 (D) (3), Include facilities along the streets and sidewalks. Provide notes that state the disposition of all existing facilities including service lines, meters and cleanouts. 19. Provide a minimum 10-foot General Utility Easement (GUE) through the property for all other utilities. This GUE is not allowed in public right-of-way. Water, sewer or drainage system(s) cannot occupy or share this GUE 20. Indicate location of any required exclusive FPL easements. 21. Provide location of proposed street lights and address responsibility for installation and maintenance per LDR 2.4.3 (D) (6). 22. if project phasing is proposed, such phases need to be clearly shown on the plans and a narrative describing the phasing program provided per LDR Section 2.4.3 (B) (22). Please indicate phasing plan on Engineering Plans and clearly indicate how this would affect proposed improvements and specifically water and sewer improvements. 23. Please take into consideration constructability, health department releases, road closures, re-paving, inconvenience to local residence, etc. when developing a civil phasing plan. 24. Palm Beach County Health Department permits required for this project. Permits will have to be phased in accordance with construction phasing so Health Department releases do not hold-up Certificate of Occupancy issuance by the Building Permit Department. 25. Florida Department of Transportation (FDOT) permit(s) required for this project per LDR Section 2.4.2 (C) (2) (c). Submit copy of FDOT pre-application letter. 26. Label sidewalk on Federal Highway and indicate width. Also, confirm required width by FDOT and provide copy of documentation. 27. Indicate a 10-foot right-of-way dedication is required on Federal Highway and coordinate right-of-way dedication with FDOT. 28. Label entrance gates on all plans, including civil plans. Remove any structures that are within 10-feet of water or sewer mains. 29. Brick pavers are not allowed over water or sewer mains, this would have to be revised. 30. Submit South Florida Water Management District (SFWMD) permit or permit modification in accordance with LDR Section 2.4.6(J). If project qualifies for an "electronic self-certification" with Planning and Zoning Board Staff Report: 10/20/14 Delray Preserve-Conditional Use Request Page 15 SFWMD, provide letter from Engineer of Record stating reason. In addition, letter must also state all requirements under Florida Statues Section 403.814(12) have been meet. 31. Indicate location of nearest driveway or point of access of adjacent properties including property across a street which shares a common street with the subject property per LDR Section 2.4.3 (B) (7). If there are no driveways within 50-feet they do not need to be shown and note indicating such is required. 32. Clearly dimension driveway width on Engineering Plans. The point of access to a street or alley shall be a maximum of 24 feet unless a greater width is specifically approved as part of the Site Plan Approval per LDR Section 4.6.9 (D) (3) and 6.1.4 (C) and in accordance with City Construction details RT 9.1, RT 9.2 and RT 10.2. 33. Provide parking signs and markings in accordance with LDR Section 4.6.9 (D)(6) and latest version of City Construction Standard Details. 34. Indicate handicap spaces are to be provided in accordance with LDR Section 4.6,9 (D)(8)(d); City of Delray Beach Construction Standard Detail RT 4.2; and the Florida Building Code, Chapter 11, Accessibility Code for Building Construction. Handicapped parking spaces need to be paved, properly marked, and ramp and curb cuts provided if required. 35. Provide ADA compliant access from the parking space to the building. 36. Provide note that parking layout and striping needs to follow City of Delray Beach current standards. Provide latest Parking Lot Detail RT 4.1 and Typical Parking Space Details RT 4.2 A thru C, as applicable on Civil Plans. On plan view, indicate double striping at parking spaces. 37. In accordance with LDR Section 7.1.3 (B) (2), if finished floor elevation is less than 18-inches above centerline of adjacent road, but above the 100-year storm or National Flood Insurance minimum elevations, then a letter is required from a professional registered engineer certifying that the drainage conditions have been investigated and the proposed floor elevation is above the flooding level. It must be shown that the property will have adequate drainage to ensure that flooding will not occur in a 100-year, 3-day storm event. 38. Provide certification letter in accordance with LDR Section 7.1.3 (B) (2) for all buildings not meeting finish floor elevation requirements. The finished floor elevation is required to be a minimum of 18- inches above average crown 1 centerline of adjacent roads. Letter must state drainage conditions have been investigated and the proposed finished floor elevation is above the 100-year flooding level. 39. Provide signed and sealed drainage report indicating the proposed system's ability to meet storm water quality and uq antity requirements in accordance with the South Florida Water Management District regulations per LDR Section 2.4.3 (D) (7). In addition, the surface water management system needs to be designed in accordance with LDR Section 6.1.9 for a minimum of a 10 yr.124 hr. storm event. The system needs to provide for positive drainage of lots, streets, roads, and other public areas as well as handling any run-off from adjacent areas that historically flowed into the subject area. Include drainage calculations confirming that there will be no negative post development impacts on adjacent homes, structures or properties. 40. Show nearest existing drainage structures per LDR Section 2.4.3 (D) (3). Planning and Zoning Board Staff Report: 10/20/14 Delray Preserve-Conditional Use Request Page 16 41. Provide note indicating that no landscaping shall be planted over any exfiltration trenches on Civil Plans. 42. Provide 12-foot drainage easement for all proposed private drainage systems in accordance with LDR Section 5.3.4. Drainage easements for privately maintained systems are not allowed in public right-of-ways. Private drainage systems cannot discharge into the City's drainage system or cross public ROW. 43. Provide documentation 1 agreement indicating this project has permission to discharge into south adjacent property drainage system. 44. Cleary indicate location of existing water mains and service on Civil Plans per LDR Section 2.4.3 (B) (8) and 2.4.3 (D) (3) including type and size of existing lines. Provide notes that state the disposition of all existing facilities including service lines and meters. 45. Provide separate tap for irrigation, fire and potable water lines. Avoid bends prior to water meters, the City maintains up to the water meter or DDCV and these should have a straight route. 46. At south water main connection, remove bends and use a straight route. 47. Show nearest existing fire hydrants and add any necessary hydrants per Fire Department requirements and in accordance with LDR Section 6.1.10 (2). 48. Indicate location of existing sanitary sewer on Civil Plans per LDR Section 2.4.3 (B) (8) and 2.4.3 (D) (3) including type and size of existing lines. Provide notes that state the disposition of all existing facilities including service lines and cleanouts. Provide on the detail sheet City of Delray Beach Standard Detail WW 4.1, WW 5.1 or 5.2 (as applicable). 49. Show and clearly label all easements on Landscape, Engineering and Composite Utility Plans. 50. Provide the following note on both the Engineering Plans and the Landscape Plans that, "any trees or shrubs placed within water, sewer or drainage easements shall conform to the City of Delray Beach Standard Details; LD 1.1 & LD 1.2." These Details are to be shown on the Landscape Plans. 51. Provide note indicating, "No proposed improvements, buildings or any kind of construction can be placed on or within any water, sewer or drainage easements, unless approved by the City of Delray Beach City Engineer." 52. Provide note indicating, "No proposed structures shall be installed within a horizontal distance of 10- feet from any existing or proposed water, sewer or drainage facilities, unless approved by the City of Delray Beach City Engineer." 53. Provide details for all water, sewer and drainage conflicts. Provide both bottom and top elevations at all conflict locations on profile sheets. 54. Provide copy of traffic statement or study per LDR Section 2.4.3 (E). 55, Provide signed and sealed calculations indicating current and proposed estimated flows into existing system; submit to my attention at the Engineering Division. Upon review and approval, a letter from the Deputy Director of Public Utilities stating that the City's system has sufficient capacity to treat proposed flows will be issued. This is a requirement in accordance with LDR Section 5.3.3 (D) for the Off-Site Impact Assessment to the City's water and sewer systems. Planning and.Zoning Board Staff Report: 10/20/14 Delray Preserve-Conditional Use Request Page 17 56. Provide a Composite Utility Plan signed by a representative of each utility provider attesting to the fact that services (water, sewer, drainage, gas, power, telephone and cable) can be accommodated as shown on the Composite Utility Plan. The Composite Utility Plan needs to address the responsibility for relocation of existing services and installation of new services in accordance with LDR Section 2.4.3 (F) (4). Composite Utility Plan is also used to ensure physical features do not conflict with each other and existing or proposed utility services. 57. The Composite Utility Plan (or Composite Overlay Plan) needs to include all existing and proposed overhead and underground utilities; all existing and proposed light poles; all existing and proposed easements; all existing and proposed improvements to hardscape and landscape. The Composite Utility Plan is also used to ensure physical features and existing or proposed utilities do not conflict with each other. 58. Re-label bus shelter easement and call "Mass Transit Easement". 59. Please indicate on plans a City approved bus shelter will be installed in accordance with Palm Tran and ADA requirements (eg. 5' x 8' landing area, 30' from intersection, direct access to site, etc). In accordance with LDR Section 6.1.14, bus shelter needs to include a pad, an ADA-compliant boarding and alighting area, and an ADA-compliant structure which includes a mounted trash receptacle, bike rack, bench and sufficient illumination. 60. Provide confirmation location of bus shelter has been approved by Palm Tran. 61. Please note, a Financial Guarantee in accordance with LDR Section 2.4.10 will be required to ensure the timely and proper installation of public improvements which are required to support the proposed development. Refer to LDR Section 2.4.10 (A) for items which require a Financial Guarantee. The Financial Guarantee (surety) amount is quantified in the approved Engineer's Opinion of cost. Surety format can be Letter of Credit, Cash Deposit or Performance Bond (Subdivision Format). Surety is required prior to issuance of any permits from the Building Permit Department. 62. Label building on Civil Plans. 63. Post symbol on building for lightweight truss construction 64. Locate fire alarm control panels for each building in a fire sprinkler protected room accessible to the fire department at a grade level, where conditions meet NFPA 72, section 4.4.4.1 65. include detail for traffic calming device NFPA 1 18.2.3.4.7 66. Indicate location of hydrants 67. Indicate occupant load for pool and pool area �NINNH��83J1l�31iHJ?JH I— volao�� uov3aIwo wp '31l'1N3Wdo�y}3p AZ .sv���°'�.a< —wa=tl CQ ']N]'SI]3LH]Htl eSW y q m 'ICU) t V pg O U Q J z IVMb- aa� G i g�55 ya3 -BRE i l a z V. 4 - Nil g y � � sa s in out is s on eea ea a no � a g g s;q aaaa a _ �: a € gt s ga aaE Fri�v l; f I TO: , r A • NZ7 N. 1, N RZI Ef- �vs � ^"Al WN Xg tit tRl R--6 GLSV44''?a? yyY j " xi va. 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Pape, Scott From: Mark Crosley <mcrosley @aicw.org> Sent: Thursday, September 25, 2034 4:44 PM To: Pape, Scott Cc: John Adams (JAdams @Taylorengineering.com); 'Peter Breton' Subject: RE: Delray Preserve Scott. Thanks for the input and the explanation. I was not even looking at that area since it had not been suggested in any previous renditions. Obviously,this arrangement is not acceptable to the District. Hopefully, we can work on a solution that is mutually acceptable to all involved parties. Thank you. Sincerely, Mark Crosley Executive Director Florida Inland Navigation District 1314 Marcinski Road Jupiter, FL 33477-9498 561-527-3386 561-624-6480 FAX From: Pape, Scott [mailto:Pape @mydelraybeach.com] Sent:Thursday, September 25, 2014 1:51 PM To: Mark Crosley Cc: Pape, Scott Subject: RE: Delray Preserve Mr. Crosley- The colorized site plan has the easement entering the property from the northern driveway,then loops around to the south in front of the main entrance to the property,then along the south side of the property. Scott D. Pape, AICP Senior Planner Planning and Zoning Department 100 N.W. 1 st Avenue City of Delray Beach, FL 33444 Tel. (561)243-7321 Fax (561) 243-7221 e-mail address: pape(o)mydelraybeach.com 1 PUBLIC RECORDS NOTE: Florida has a very broad public records law. Most written communications to or from local officials,employees, or the general public regarding city business are public records available to the public and media upon request. Your e-mail communications may therefore be subject to public disclosure. From: Mark Crosley [mailto:mcrosley@aicw.org] Seat: Thursday, September 25, 2014 12:13 PM To: Pape, Scott Subject, RE Delray Preserve Scott: Drawings received. Thank you... It's hard to tell from the map and I have not had time to conclusively read the written response but I don't see where our easement is addressed or indicated. Thank you in advance for your time and consideration. Sincerely, Mark Crosley Executive Director Flot-ida 1ifland Navigation District 1314 Marcinski Road Jupiter,FL 33477-9498 561-627-3386 561-624-6480 FAX From: Pape, Scott [mailto:Pape@mydelraybeach.com] Sent:Thursday,September 25, 2014 10:45 AM To: Mark Crosley Cc: Pape,Scott Subject: RE: Delray Preserve Mr. Crosley- I'm not sure what happened. Hopefully, it is not being kicked out due to the size of the file. Please let me know if you receive it with this re-try. Sett D. Pape, AICP Senior Planner Planning and Zoning Department 100 NW 1 st Avenue City of Delray Beach, FL 33444 Tel. (561) 243-7321 Fax (561) 243-7221 e-mail address: pape(d,)mydelraybeach.com z PUBLIC RECORDS NOTE: Florida has a very broad public records law. Most written communications to or from local officials,employees,or the general public regarding city business are public records available to the public and media upon request.your e-mail communications may therefore be subject to public disclosure. ,«.. .. m.__ From: Mark Crosley [mailto:mcroslgy(&aicw.orcJ Sent: Thursday, September 25, 2014 10:36 AM To: Pape, Scott Subject: RE: Delray Preserve Scott: Am I missing something here? I don't see the map. Thank you. Sincerely, Mark Crosley Executive Director Florida Inland Navigation District 1314 Marcinski Road Jupiter, FL 33477-9498 561-627-3386 561-624-6480 FAX From: Pape, Scott [mailto:Pape @mydelraybeach.com] Sent:Wednesday,September 24, 2014 9:06 AM To: Mark Crosley Cc: Pape, Scott Subject: Delray Preserve Mr. Crosley- The applicant has resubmitted the revised development proposal. Find attached the site plans for the project. Scott D. Pape, AICP Senior Planner Planning and Zoning Department 100 N.W. 1 st Avenue City of Delray Beach, FL. 33444 Tel. (561) 243-7321 Fax (561) 243-7221 e-mail address: Pape(a mydelraybeach.com PUBLIC RECORDS NOTE: Florida has a very broad public records law. Most written communications to or from local officials,employees, or the general public regarding city business are public records available to the public and media upon request.Your e-mail communications may therefore be subject to public disclosure. 3 JACKSONVILLE DISTRICT CORPS of ENGINEERS ` y JACKSONVILLE,E€.t7RID4 32252.001 9 �� r e Programs and Project Management Division Water Resources Branch Mr. Mark Crosley Florida inland € vig tion Disthd Executive Director 1314 Marcinskl Road Jupiter, FIL 33477-9408 Clear Mr, rosley: Per your recent discussions with Ms. Shelley Truloack, Project Manager for the Intracoastal Waterway (IWV1f), you requested that we provide.you with comments can a proposed access toad easement change at Dredge Material Management Area(DMMA) MSA6.41. This change is: Bing proposed by the new property c rier. As yob are aware, as the Imam sponsor,the Florida Inl r d Navigation District (FIND) has the responsibility for providing DM As required for Operation and Maintenance (O&M) dredging of the.IWW which includes ensuring that adequate aces is also provided at these: DMMA . Evan though the responsibility to provide access toad easements does not tall on the Corps, we are happy to provide you with our input on what we would require if this was our responsibility, We understand that you have been provided. a.draft development plan from the new property owners located to the West of MSA 1. They are now panning for a high-density (Apartment) development and the site plan includes a reduced easement leading from:MSA641 through the development. The plan shoves a 1Z paved access road through the development, which is an 13' reduction from the original 3 ' easeirient as described in the September 16, 1996 permanent access easement agreement_ In reviewing Section 3,5, 'Haul and Access gads," of Corps specifications Mee is what we would require if we were providing an access road for a project: "Two-way haul roads for off-the-road haulage equipment shall have a usable width of 30 feet, Two-way haul roads for over-the-road haulage equipment only may be reduced to a usable.width: of 310 feet.' In the case of MSA641, over-the-road haulage equipment would be applicable, therefore, requiring a 30 foot wide usable width of road. Given the iayout with proposed passing areas, we feel that 24-25 feet would be su rient to allow for two way traffic in and out of the site. Any width less than this would impact operations which would in turn impact the overall coast of the operation and pose a potential safety loan -ern, -2- ilile investigating the access roast we also took the time to read over the permanent access easement agreement- Although 1 € nd rstand that this easement appli s to the off!oad i ng rf the site, we need to ensure that during the time the site is being used for dredging operations that it is available 24 hours per day, 7 days a creek. Paragraph 2 states that except in the case of an emergency, the site can only be used during weekdays. Please verify that this site can be used 24 hours a day, 7 days a week while material is tieing pumped into the site in association with are O&M dredging event. If you have any further questions regarding this or need additional information, please contact the Project Manager, Ms. Shelley Trutock at 904-232-3292 or by e-mail at f,helley.f.t;- lac @ sac .arrny.mil: Sincerely, .terry . Scarborough, RE Chief,Water eso rces Branch obw dfriet i Geadirr SOiutiarts .. September 4,2014 Mr. Mark Crosley 1xecutive.Director Florida Inland Navigation District 1314 Marcnski Road Jupiter,FL 33477 Re: Preliminary Evaluation,Proposed MSA 641/641A Access.Road Dear Mr. Crosley: At your request, we have completed an initial office review of the anticipated use of the MSA 641/641 A site in.relation to the permanent access easement agreement(Attachment A)and proposed Delray Preserve site plan.(Attachment.B). MSA 641/641 A is one of four sites—three upland containment sites and one beach placement site:-- selected to provide long-term dredged material containment capacity for Reach IV the Intracoastal Waterway (ICWW) in Palm Beach County, Florida. Records from the U.S. Army Corps of Engineers (USACE) Jacksonville District indicate that maintenance dredging has not occurred within this reach since establishment of the I0-ft project depth in 1966. Subsequent reconnaissance surveys(Attachment Cj have revealed the presence of excessive shoaling in several locations with channel volumes approaching 90,000 cy(2004 survey) and a 50-year storage requirement of approximaately 224,0100 cy. Table 1 summarizes.the staters of each of the available Reach IV containment sites.MSA 641/641 A, the only constructed upland site,has a capacity of 67,000 cy.The remaining two upland sites one of which is a designated park.site and temporary in nature —are unconkru.cted and have limited site capacities of approximately 20,000 cy each.Lastly,assuming compatibility between the channel sediments and native beach material, the Jupiter Inlet Beach disposal area (also !mown as PB-JB) will provide the remaining storage capacity for Reach IV. Table 1. Reach IV Dredged Material Placement.Sites,Palm Beach County FIND Status Area Capacity COM Meats Containment Sites ac r MSA 644 Not Constructed 7.49 1%382 MSA 641/641A Constructed HAS 67,000 MSA 684A, Not Constructed 20,0(7,14 acres to be 20,000 City of Boca Raton Park known as impacted by Spanish River Park.Designated to temporary serve as a temporary dewatering and construction) handling faciI!t , PB-JB Beach Available area and capacity of the Begins at a point approximately Placement beach placement area depends on 1,200 ft south of Jupiter Inlet and quality'material the beach conditions at the time of extends 4,8-00 it,southward to a and permits dredging, point approximately 6,000 tt south necessary of the inlet. The permanent access easement agreement provides for a 30-ft wide unobstructed access to MSA 6411641 A via State Road 5(U.S:ld:ighway No. 1).The currently proposed Delray Preserve plait provides for a 12-ft access width,1.8 ft short of the 30-ft wide easement.Given the expense associated with acquiring beach 1 0t 53 DEFRWOOD PARK 81-Vt3 BLDG 3€ o STE 300 JACKSONVILLE FL 32256 TEL 904.731 .704() WWW.TAYLOREN61N E ERIN G,C0M Mr:Mark Crosley September 4,2014 Page 2 of 2 placement permits and currently unknown co€apatibility.of the channel and native beach sediments, MSA 641/641 A provides the optimal site for iinmediate and pending dewatering and storage reeds of Reach IV, Without FIND's construction of the remaining.two upland sites,deposition of the material identified in the 2004 survey(94,000 cy)exceeds the capacity(67,000 cy)of the MSA 641164]A site by 23,000 ey and will xequire immediate offloading after each maintenance dredging event;expected once every 10—20 years. Construction equipment(likely a bulldozer and front and loader) must have access to the site to conduct offloading operations. Assuming a truck capacity of 18 cy, the number of truckloads to offload one maintenance. eve nt site totals 5,400. This expected truck volume, is not conducive to the one-way traffic allowable by the minimum 12-ft corridor currently provided for in the proposed Delray.Rreserve plan. .In summary,Otte evaluation suggests that from a.preliminary design and operational standpoint,the proposed Delray 'Plan compromises FIND'S ability to'maintain the efficiemy of the MSA 641/64[A site. Therefore;we strongly recommend maintenance of die 30_f}allowable easement.If you have any questions or comments concerning this preliminary evaluation,please call. Senior Adviser E IN C I FLGflIOA INLAND FLORIDA I N L \N id NAVIGATION D I S 1 R I C T NAVIGATION DISTRICT September 30, 2014 Mayor Cary Glickstein COMMISSIONERS City of Delray Beach 100 NW 1st Avenue Delray Beach, FL 33444 E.TYLER CHAPPELL CHAIR 6ROVVARD COUNTY J.CARL BLOW RE: FIND Access Easement, MSA 641A, Delray Preserve Project VICE-CHAIR ST.JOHN$COUNTY DONALD J.CUOZZO TREASURER MARTIN COUNTY Dear Mayor Glickstern: JONATHAN$.NETTS FLAGCOU� R� NTY Thank you for your letter dated September 15, 2014 regarding the AARON L.BOWMAN above referenced Subject matter. DUVALC=NTY T.SPENCER CROWLEY,III MIAMI-DADF COUNTY As you may be aware, the Navigation District awns an 11.5 acre parcel PAUL U.ORITENBAS east of the referenced proposed "Defray Preserve„ project. This facility, INARLE IVER COUNTY known as MSA 641A, is a fully-construted and operational, long-range, CHARLES C.ISITNINQER PALM BEACH COUNTY primary Dredge Material Management Area (DMMA) for the GAIL KAVANAGH m.aintenenace of the neighboring stretch of the Intracoastal Waterway ST.LUOIE COUNTY SUSANNE OUNTY (ICW), a congressionally-authorized, federal navigation project, VOLUSIA COUNTY TERRY H.SANS OM SRLVARD C(]UI COUrV'fY To allow ingress/egress. to our site, we have documentation of an LYNNA.INILUAMS unobstructed thirty-foot access easement currently located over the NASSAU COUNTY proposed Delray Preserve property. This access easement is essential for the operation and long-term viability of our DMMA site. Please note that the frequency of use of this easement is immaterial to MARK t CAOSLEY FXECUTNE DIRECTOR its intensity. When necessary to conduct off-Fading of the site, JANETZIMMERMAN numerous dump trucks will need continual access to MSA 641A ASSISTANT DI TORuTVI resulting in thousands of truck trips. This use is incompatible with residential development under all circumstances, and we have continued to work with the applicant to establish a dedicated and unobstructed thirty-foot easement so as not to endanger or disrupt the future residents of the Delray Preserve or inhibit their quality of life. While we continue to work with the developer of the adjacent property, ADMINISTRATIVE OF110E ON'CHE INTRACOASTAL WATERWAY IN PALM BEACH COUNTY 2314 MARGINSK[ROAD.JUPITER,FLORt7A 83477-9427 TELEPHONE 561-627-3366 FAX No.561.624.8480 v�r�vr,alc�nr.o� we would request that the City allow the applicant the flexibility to maximize their site development to the extent reasonable, while providing the navigation District with the necessary dedicated and unobstructed access the we require and have legal right to enjoy. Should the applicant fail to adequately address our access needs, we request that the City deny site plan approval pending resolution of this matter. Thank you For your time and consideration. If you have any questions or need additional information, please contact our Executive Director, Mr. Mark Crosley, at 561- 627-3386 or (mcrosleyC7aicw.org), Si ncer ly, Mark Crosle Executive Director C.C. Peter Breton--District Counsel John Adams—District Engineer Shelley Trulock— USACE Project Manager Scott Pape—Senior Planner, City of Delray Beach Kyle Clayton —ZOM Project Manager FLQRi Ih'iAh FLORIDA INLAND NAVIGATION DISTRICT NAYIC,�1CI6p� DI57�Cf June 2, 2014 COMMISSIONERS Mark McDonnell Interim Planning and Zoning Director E.TYLEaCHAPPELL City of Delray Beach cRD C 9ROYIARD O QlINfY 100 NW 1st Avenue J.cnRL8L0Yll Delray Beach,f`.1., 33444 VICE-CHAIR sr.lollNSCOUrm lie: Proposed "Delray Preserve"Project Development DONALD J.CUOZZO TREA$UAeR MAffrINCOMY Dear Mr. McDonnell: JONATHAN S.NETTS SECRETARY I am writing to advise the City that Florida.Inland Navigation District (`FIND") AARON L,BOWMAN objects to the proposed Delray Preserve project in its current form, As.you may D1IYALCOUBTC be aware, FIND is the owner of the property (referred to as MSA 641/ 641A) T,SPENCER CROWLEY,III located directly east of and abutting the proposed project site. FIND has owned MIAuHnrDcoutarr this property since 1941 arid, with the assistance of the U.S Army Corps of INDIAN KRCOININBrYA Engineers ("USAGE"), recently completed the construction of a dredged CHARLES C.f8lh11NGSR material management facility -thereon. This facility is an important and PALM13FACHGWIM necessary infrastructure facility to serve the long-term maintenance needs of the GAILKAVANAGH Intracoastal Waterway("IWW"),a`federal navigation channel. $THLUOECOUWY SUSANNE McCABE In 1996, FIND and Drive-In Theatres of Florida, Inc,, the owner of the site of VMUSIACDU"rr the proposed project at that time, entered into a Permanent Access Easement JERRY H,SANSOM Agreement ("Easement Agreement"), a copy of which is attached. The eRVapcaulry Easement, A. eement rovided that FIND would have a gr p permanent 30-foot LYNNA-MLLiA S wide, unobstructed easement and right of way between iVMSA 641/641A and NASK10UNfY State Road 5 along a designated alignment: This alignment was negotiated between the parties to accommodate the owner's then ongoing use of to site as MARKtCROSLEr a drive-in theatre and swap shop. The Easement Agreement provided that the LXECLITNE aIR cTOa owner could relocate the easement elsewhere within the Drive-In property, JANET ZIMMERMAN AMSTANTEXECUTIVE provide it remained a minimum of 30 feet in width and was unobstnicted. DIRECTOR The preliminary site plan for the proposed Delray Preserve project designates and relocates FIND's easement to the northerly portion of the site, through the facility's permanent parking; area, and exiting an emergency access gate at the northwest corner of the property. This proposed realignment has several serious concerns and drawbacks which make it unacceptable to FIND, First, the easement is not a consistent 30 feet. in width. Given that the easement ni'ust be able to accommodate two-way traffic of heavy dump trucks and other equipment, this minimum width is critical. ADMINIS7HATIVE OFFICE ON THE INTRACOASTAL WATERWAY IN PALM BEACH COUNTY 13141 a1ARCINSKI ROAD,JUPITER,FLORIDA 33477-3427 TELEPHONE 581.627.338(1 FAX No.561-624-6480 Second, there are approximately 85 parking spaces and garages backing directly into the easement area. It is our grave concern that during the course of an off-loading event (i.e., when the dredged material is romoved from MSA 6411641 A, requiring numerous dump truck trips over the course of several months), there could be a collision between a resident's automobile and heavy construction equipment and trucks accessing the site. Third, truck traffic and automobile traffic are inherently incompatible along this easement. Trucks have much longer stopping distances and reaction times than automobiles, which creates - an inherently dangerous situation. Fourth, and probably most important, pedestrians, especially children, will be crossing the easemcnt to access their parked automobiles as well as walking and riding bicycles in the easement. There is no practical way to exclude vehicles and pedestrians from the easement while it is being used to access the dredge material management facility. Once again, this creates a very hazardous situation. When the Easement Agreement was originally entered into, the site was zoned and used for commercial purposes. Whatever safety issues there may have been at that time appeared to be manageable. However, now that the current owners and purchasers are attempting to develop the site for an intense multifamily residential use, a severe safety problem will result unless a separate, segregated access easement is provided. This easement must be free of automobiles backing into it and pedestrians using it while FIND is conducting unloading operations. We have no doubt that the City and the developer share our concerns and desire to mitigate, if not completely eliminate, foreseeable operational and safety issues. The current site plan has serious shortcomings in this regard and needs to be revised. We are available to discuss alternative designs with City staff, the owner and the developer. Thank you. Si I Crosle Executive Di'• c cc: FIND ComniissionerCharles Isini'inger Peter I.. Breton, FIND Generat Counsel William P. Doney,FIND Special Counsel Kyle Clayton,ZOM Florida. Enclosure Pape, Scott From: ctbonfield @aol.com Sent: Monday, October 13, 2014 5:36 AM To: Little, Dana Cc: Pape, Scott; Miller, Diane; JamesEJimChar @aol.com Subject: Delray Preserve Attachments: DELRAY PRESERVE 121P Dana: Developers of Delray Preserve have worked with SAFE to include TDM features into their plans. These features will enable Delray Preserve to be a valuable addition to the North Federal Highway area of Delray Beach. Delray Preserve has also offered to donate $50,000 to fund a Ped-Bike Coordinator or TDM Administrator for the City of Delray Beach. Please include the two attachments into the documents that will be provided to the P&Z Board for their review. Thanks. Charlie Bonfield President SAFE 220 Macfarlane Drive # 1203 Delray Beach FL 33483 1 561 330 6329 ctbonfield[a)aol.com i SAFETY As FLORIDIANS ExPECT "Help Florida become the most motorist,pedestrian and bicyclist friendly state in the LISA" Delray Preserve Recommendation Delray Preserve will be a welcome addition to the North Federal Highway area of Delray Beach. This area of the city will benefit from full-time residents who will bring vitality to the area similar to what The Franklin has done for South Federal Highway. These two bookend communities on Federal Highway will contribute to the life of our city. Delray Preserve will have minimum impact in the amount of traffic on North Federal Highway, and even so, the developer has agreed to pay 114 of the cost of a new traffic signal if warranted in the next 5 years. In fact, SAFE believes there will be even less traffic on North Federal because it will not have a McDonald°s next door, or a large shopping center, as is the case with The Franklin on South Federal Highway. The developers have generous offered to contribute $50,000 to the city should they elect to hire either a Ped/Bike Coordinator or a TDM Administrator in the future. This development will have a bike sharing program, and a community transit program (free introductory offer on Palm Tran). Public transportation information, maps, etc. will be provided to residents in the site's office which hopefully will mitigate vehicle usage by the community. For the Board: James E. Smith Date Charles T. Bonfield Date SAFE Chairman SAFE President t Wit- SAFETY As FLORIDIANs ExPECT "Help Florida become the most rriotorl5t,pedestrian and bicyclistfriendly state in the uSk' Delray Preserve Commitments Delray Preserve has agreed to: 1. Provide permanent display space within the Clubhouse or the Mailroom area where each resident can access transportation information. At a minimum this display will contain: info and route and schedule information for Palm Tran, Tri-Rail, the Delray Roundabout; the Downtowner; as well as new or substitute providers (such as Tri-Rail. Coastal Link); info on how to start a carpool and vanpool; details of the emergency ride home program; and, Tri-Rail Bicycle Locker Program Information. An information packet will be provided in the move-in package for new residents, 2, Include a voucher in each move-in package for new residents that entitles each new resident to (1) Palm Tran unlimited 31-day QUIK pass (value of$75). . Meet with SAFE and South Florida Commuter Services (SFCS) after site approval to review additional Transportation Demand Management initiatives that could be implemented to mitigate traffic trips before the leasing/contract phase begins. 4. Provide the following information at each calendar year to SAFE and the City of Delray Beach for the first 5 years following receipt of a Certificate of Occupancy: a. The number of owner stored bicycles at calendar year end, and b. The number of times the shared bicycles are used in a calendar year. 5. Adopt a free, shared bicycle use program for residents by purchasing twenty-five (25) bicycles and maintaining the bicycles in good repair. The bicycles will be available on a first come, first serve basis for the residents of the Delray Preserve. 6. Provide inside, safe and secure storage for a minimum of fifty-one (51) bicycles for the 3 residents of the Delray Preserve. j 3 3 7. Reinforce an area in each unit so that a bike racy or racks can be quickly and easily installed by the on-site maintenance staff. Keep wall-mounted bike racks on site and ready for in-unit installation at the request of residents. Racks and labor will be I provided free of charge for the residents. 8, Contribute $50,000 into an escrow account prior to issuance of the Project's final Certificate of Occupancy, earmarked for the purpose of the City hiring either a Ped/Bike Coordinator (a new staff position) or a Transportation Demand Management Administrator (a new staff position). If the City does not hire. either a Ped/Bike Coordinator or a Transportation Demand Management Administrator by 6/1117, the escrow funding will revert to Delray Preserve. 9. Delray Preserve will purchase and install 2 benches and trash receptacles (as are found on Atlantic Avenue), and one dog waste bag dispenser along Federal Highway for use by the residents of Delray Beach. Delray Preserve will empty the trash. receptacles a minimum of three times per week, or more if necessary, and restock the dog waster bags and needed. 10.Beginning no earlier than 6 months after the issuance of the project's final Certificate of Occupancy, contribute Yf of the cost of a new traffic signal on N. Federal Highway between N.E.. 14th Street and Gulfstream Blvd, as evidenced by the completion of a signal warrant analysis demonstrating the need for a signal. This obligation shall remain In effect for 5 years and automatically terminate thereafter. 11.Eliminate the Southbound Egress from the site to alleviate traffic conflicts with vehicles making a Northbound U-turn across from the project's main entrance. 12.Provide a bicycle fixation station for resident use free of charge. 13.Ask the City of Delray Beach to include all of the items above as formal conditions of approval. Agreed to, this:day, by Delray Preserve: ate Witne s. Date Witness: -Date SAFETY As FLORIDIANs EXPECT "Help Florida b ome the€ ost Motorist. pedestrimn�nd blGyclistfejendly state in the USA" Delray Preserve recommendation June 12,20,14 Based can the attached .(14) fourteen commitments made by Delray Preserve, Safety As Floridians F. xpect (SAFE) enthusiastically supports the project and respectfully asks the Delray Beach City Commission to approve the request of the applicant to allow a density up to twenty- four(24) units per acre. After SAFE review and analysis, the project was found to present no traffic problems. However, in recognition that continued future development.along the Federal Highway corridor will,, Delray Preserve has. agreed to psy"its fair share for projected future: infrastructure costs including: 1. Contributing :$150,00. 0 for the purchase of a trolley operating a. new nerthlsouth route from downtown, via.Pin apple Greve Way, to N. Federal Highway and Delray Preserve. 2. A traffic signal between N. l*_ 141h Street and Gulfstream Blvd, 3. Sidewalks and .bicycle lanes on George Bush Blvd. between Federal Highway and SR MA, 4. Operating costs of the trolley. Other Transportation Demand Management initiatives adopted include: 1. Building a Permanent.Transportation Information Kjosk within the Clubhouse or the Mailroom, and including all the core transit info in the"`Welcome Package' given to each new resident, 1 Adopting a free;share use bicycle program, 3.. Providing a bicycle storage room in each of the apartment bu.11dings and offering an optional individual unit rack installation, 4. Purchasing a"Bike FixatlonN system, 6_ Meeting with SAFE and South Florida Commuter Services to explore additional TDl1M initiatives that may be adopter., including carpooling, vanpooling, etc. In addition, Delray Preserve has revise ! its original plans to include a 6' wide main sidewalk in the linear park (if open space requirements can be met) and redesigned the Federal Highway entrance/exit to eliminate merged traffic making southbound U-turns; For the Board: 3 Jades E. Smith Date Charles T. Bonfield Date SAFE Chairman SAFE President v t > Y SI NN i Ff Don � �` '�.�� ����_, eZ EXPIRES-June 1,9018 �rq>����'� 9p7Srt€fltiNoharyf€�a ........ ...... ..... ......... SAFETY As FLORIDIANs ExPECT "Help Florida become the most motorist,pedestrian and bicyclist friendly state In the UW Delray Preserve Commitments Delray Preserve has agreed to: 1. Provide permanent display space within the Clubhouse or the Mailroom area where each resident can access transportation information. At a minimum this display will contain: info and route and schedule information for Palm Tran, Tri-Rail, the Delray Roundabout; the Downtowner; as well as new or substitute providers (such as Tri--Rail Coastal Link); info on how to start a carpool and vanpool.; details of the emergency ride home program; and, Tri-Rail Bicycle Locker Program Information. An information packet will be provided in the move-in package for new residents. 2. [Meet with SAFE and South Florida Commuter Services (SFCS) after site approval to review additional Transportation Demand Management initiatives that could be implemented to mitigate traffic trips before the leasing/contract phase begins. 3. Provide the following information at each calendar year to SAFE and the City of Delray Beach for the first 5 years following receipt of a Certificate of Occupancy:. a. The number of owner stored bicycles at calendar year end, b. The number of times the shared bicycles are used in a calendar year, and 4: Adapt a free, shared bicycle use program for residents by purchasing twenty-five (25) bicycles and maintaining the bicycles in good repair. The bicycles will be available on a first come, first serve basis for the residents of the Delray Preserve. 5. Provide inside, safe and secure storage for a minimum of fifty-one (51) bicycles for the residents of the Delray Preserve. 6. Reinforce an area in each unit so that a bike rack or racks can be quickly and easily installed by the on-site Maintenance staff. Keep wall-mounted bike racks on site and ready for in-unit installation at the request of residents. Racks and labor will be [ provided free of charge for the residents. F 7. Construct minimum 5-foot wide interior sidewalks Main sidewalk in linear park to be 6' i wide so long as open space requirements can be met. 8. Contribute $50,000 into an escrow account prior to issuance of the projects final Certificate of Occupancy; earmarked for the construction of sidewalks and bicycle lanes on George Bush Blvd. between SR A1A and Federal Highway (Southbound): The funds will be disbursed on a 1-6 matching basis from contributions given by businesses and residential developments located on George Bush Blvd. and on Federal Highway between Atlantic Avenue and the northern boundary of Delray Beach and the City of Delray Beach. Unmatched escrowed funds will be returned to Delray Preserve seven years after issuance of the projects final Certificate of Occupancy. 9. Contribute $150,000 into an escrow account at the time building. permits are issued. These funds will be earmarked for the purchase of a Delray Roundabout trolley. The trolley will serve a circular, commercial route from the Delray Beach Center for the Arts Parking Garage, along Pineapple Grove Way to George Bush Blvd, along N. Dixie Highway and Federal Highway to the northern boundary of Delray, the 'Northern Delray Trolley Route'. If after 7 years from the date of escrow a Northern Delray Trolley Route has not been placed into service, the city may utilize these funds for other mass transit projects along the Federal Highway corridor of Northern Delray Beach. 10.Contribute the sum $5,000 per year for the operating costs associated with the Northern Delray Trolley Route. The contribution shall be made on the anniversary of the issuance of the projects final Certificate of Occupancy so long as the Northern Delray Beach Trolley Route has been placed into service. 11.Beginning no earlier than 0 months after the issuance of the projects final Certificate of Occupancy, contribute % of the cost of a new traffic signal on N. Federal Highway between N. E. 10 Street and Gulfstream Blvd, as evidenced by the completion of a signal warrant anlaysis demonstrating the need. for a signal. This obligation shall remain in effect for 5 years and automatically terminate thereafter. 12.Eliminate the Southbound Egress from the site to alleviate traffic conflicts with vehicles making a Northbound U-turn across from the projects main entrance. 13.Provide a bicycle fixation station for resident use free of charge. 14.Ask the City of Delray Beach to include all of the items above as formal conditions of approval. Agreed to, this day, by Delray Preserve: 3//v Date - C. Witness: — Date .,,... _ Witness: Date E The Law Offices of BRETON, LYNCH, EUBANKS & SUAREZ-MURIAS, P.A. Peter L.Breton 605 North Olive Avenue,2nd Floor Francis X.J.Lynch www.blesmlaw.com West Palm Beach,FL 33401-4005 John R.Eubanks,Jr. Sender's Direct Line: (561)721-4003 Phone:(561)721-4000 Marta M.Suarez-Murias E-Mail: pbreton @blesmlaw.com Facsimile:(561)721-4001 Robert J.Sniffen—Of Counsel October 22,2014 VIA Facsimile:561-278-4755 and Email: CityAttorneMyDelrayBeach.com Noel M. Pfeffer, City Attorney City of Delray Beach 200 NW 1St Avenue Delray Beach,FL 33444 Re: Delray Preserve—Request for Party Status Dear Mr. Pfeffer: I represent the Florida Inland Navigation District ("FIND") as its General Counsel. Please accept this letter as FIND's request for Party status in the site plan approval application before the Site Plan Review and Appearance Board, as well as any subsequent approval processes regarding the Delray Preserve project. As you are aware, FIND owns fee simple title to the parcel located immediately east of and abutting the Delray Preserve site,which is known as MSA 641. FIND recently constructed a dredged material management facility on MSA 641 which will periodically be used by the US Army Corps of Engineers for processing materials dredged from the Intracoastal Waterway. When the facility reaches its capacity and the dredged material is sufficient dried, the dredged material must be loaded onto dump trucks and removed to an off-site location. In 1996, FIND obtained an access easement through what is now the site of the proposed Delray Preserve development. This easement is the sole access between MSA 641 and North Federal Highway and will be traversed by thousands of dump trucks during offloading events. The applicant is proposing to relocate FIND's easement such that the easement will utilize the aisles passing through the residential parking lots. We believe that this will create an extremely unsafe situation both for the residents and the truck drivers. It will also adversely affect FIND's ability to effectively and efficiently operate MSA 641. FIND will be materially and adversely affected by the way the site plan relocates the access easement. Party status is requested so that FIND will have adequate time to present evidence to the Board and cross-examine the other parties. Therefore, in accordance with Paragraph 3.B. of the City's Procedures for Quasi-judicial Hearings,FIND hereby requests party status. Z:\Data\06115 FIND\1\Delray Preserve\10-22-2014 Noel Pfeffer Ltr.docx Noel M. Pfeffer, City Attorney City of Delray Beach October 22,2014 Page 2 Please do not hesitate to call me if you need additional information. Very truly yours, Peter L. Breton PLB:smw EITY OF DELRAY BEREN 200 NW Ist CITY ATTORNEY'S OFFICE TELEPHONE: 561/?43-7n90RIACSIMT BEACH, 475544 DELRA��October 27, 2014 bowlI All-AmericaCity r l I Peter L. Breton, Esq. ® Breton, Lynch, Eubanks & Suarez-Murias, P.A. 605 North Olive Avenue, 2"d Floor 1993 2001 West Palm Beach, FL 33401-4005 Re: Request for Party Status for Delray Preserve Dear Mr. Breton: Our office has reviewed your request for Party Status for the quasi-judicial hearing of the site plan and landscape plan approval for Delray Preserve, which is presently scheduled to go before the Site Plan Review and Appearance Board at its meeting on November 12, 2014. We have determined that you meet the requirements of Section 3.B.(2) of the City's Quasi-Judicial Rules. Therefore we will be recommending that the Board approve your request. Please contact our office if you have any questions. Sincerely, OFFICE OF THE CITY ATTORNEY CITY O E AY BEACH, FLORIDA By: Ja ice Rustin, Esq. Assistant City Attorney cc: Chevelle Nubin, City Clerk, Dana Little, Director of Planning & Zoning IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA CONDITIONAL USE REQUEST FOR DELRAY PRESERVE MULTI-FAMILY RESIDENTIAL DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This conditional use request came before the City Commission on December 2, 2014. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the conditional use request to allow free-standing multiple family development in the GC (General Commercial) zoning district up to 22 dwelling units per acre (21.94 dwelling units per acre proposed) located on the east side of Federal Highway, approximately 460 feet north of Allen Avenue (2001 and 2101 North Federal Highway) at the site of the former Delray Lost Drive In Swap Shop and Second Chance Emporium. All of the evidence is a part of the record in this case. Required findings are made in accordance with Sections I and II. I. COMPREHENSIVE PLAN a. Comprehensive Plan—Future Land Use Element Objective A-1: This objective requires that the property be developed or redeveloped in a manner so that the future use and intensity is appropriate and complies in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. Is Future Land Use Element Objective A-1 met? Yes No b. Future Land Use Man: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. The subject property has a Future Land Use Map designation of GC (General Commercial) and is zoned GC (General Commercial). Is the project's proposed location consistent with the Future Land Use Map? Yes No C. Concurrency: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. Concurrency as defined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Are the concurrency requirements met with respect to water, sewer, drainage, streets and traffic, parks, open space, solid waste, and schools? Yes No d. Consistency: Will the granting of the conditional use be consistent with and further the goals and policies of the Comprehensive Plan? Yes No II. LDR REQUIREMENTS: a. LDR Section 2.4.5(E) Required Findings (Conditional Use): Pursuant to Section 2.4.5(E)(5), in addition to the provisions of Chapter 3, the City Commission must determine that the conditional use will not: i. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; ii. Hinder development or redevelopment of nearby properties. 2 Are the requirements of Section 2.4.5(E)(5) met? Yes No b. Increase in Density: Pursuant to LDR Section 4.4.6((1), in order to increase a project density as requested beyond six (6) units per acre, the City Commission must make a finding that the development substantially complies with the performance standards listed below: i. The traffic circulation system is designed to control speed and reduce volumes on the interior and exterior street network. This can be accomplished through the use of traffic calming devices; street networks consisting of loops and short segments; multiple entrances and exits into the development; and similar measures that are intended to minimize through traffic and keep speeds within the development at or below 20 m.p.h. ii. Buildings are placed throughout the development in a manner that reduces the overall massing and provides a feeling of open space. iii. Where immediately adjacent to residential zoning districts having a lower density, building setbacks and landscape materials along those adjacent property lines are increased beyond the required minimums in order to provide a meaningful buffer to those lower density areas. Building setbacks are increased by at least 25% of the required minimum; at least one tree per 30 linear feet (or fraction thereoO is provided; trees exceed the required height at time of planting by 25% or more; and a hedge, wall, or fence is provided as a visual buffer between the properties. iv. The development offers a varied streetscape and building design. For example, setbacks are staggered and offset, with varying roof heights (for multi-family buildings, the planes of the facades are offset to add interest and distinguish individual units). Building elevations incorporate diversity in window and door shapes and locations; features such as balconies, arches, porches, courtyards; and design elements such as shutters, window mullions, quoins, decorative tiles, etc. V. A number of different unit types, sizes, and floor plans are available within the development in order to accommodate households of various ages and sizes. Multi-family housing will at a minimum have a mix of one, two, and three bedroom units with varying floor plans. Single family housing (attached and detached) will at a minimum offer a mix of three and four bedroom units with varying floor plans. 3 Vi. The development is designed to preserve and enhance existing natural areas and/or water bodies. Where no such areas exist, new areas which provide open space and native habitat are created and incorporated into the project. vii. The project provides a convenient and extensive bicycle/pedestrian network, and access to available transit. Does the development substantially comply with the performance standards described in Section 4.4.6(I)(1)? Yes No 3. The comments and notes set forth in the staff report are hereby incorporated herein. 4. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the conditional use request was submitted. 5. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports and testimony of experts and other competent witnesses supporting these findings. 6. Based on the entire record before it, the City Commission approves denies the conditional use request set forth above subject to the conditions set forth in Exhibit A, attached hereto and made a part hereof, and hereby adopts this order this 2nd day of December, 2014, by a vote of in favor and opposed. ATTEST: Cary D. Glickstein, Mayor Chevelle Nubin City Clerk 4 EXHIBIT A TO THE CONDITIONAL USE REQUEST FOR DELRAY PRESERVE 1. Approval of a site plan by SPRAB that is in general conformance to the submitted sketch plan and addresses the "Exhibit "A" -Technical Items" attached in the staff report. 2. That the applicant seeks to extend the landscape island at the southern driveway into the Federal Highway right-of-way. 3. That the paved strips be raised to address vehicle speeds. 4. That the two paths in the nature preserve be mulched, or a pervious ADA compliant material such as Flexi-pave be installed. 5. That a temporary irrigation system be used during the establishment period of the nature preserve. 6. That a bus shelter is installed along Federal Highway. 7. That a CCTV camera be provided at the pool/clubhouse area. 8. That the applicant executes a restrictive covenant that delineates the operation of the workforce housing program. 9. That a finding of concurrency be submitted from the Palm Beach County School District. 10.That a minimum of a 5-foot front setback be provided along Federal Highway. 11.That paved access is provided to the FIND parcel. 5 w MEMORANDUM W TO: Mayor and City Commissioners FROM: Suzanne F. Davis, Director Parks &Recreation THROUGH: Terrance Stewart, Interim City Manager DATE: November 4, 2014 SUBJECT: AGENDA ITEM 9.D.-REGULAR COMMISSION MEETING OF DECEMBER 2,2014 RESOLUTION NO.66-14/EAGLE METAL PRODUCTS BACKGROUND Per Chapter 36, Section 36.02, "Methods of Aquisition", Section (11), 'Best Interest Acquisitions", the City may acquire or contract for non-real property, goods or services without utilizing a Sealed Competitive Method or Written Quotations where the City Commission declares by at least a four-fifths (4/5) affirmative vote that the Sealed Competitive Method or Written Quotations Method is not in the best interest of the City. The City Commission shall make specific factual findings that support its determination, and such contracts shall be placed on the regular City Commission agenda. Parks & Recreation and Public Works are requesting to have Eagle Metal Products repair the 100' Holiday Tree: quote attached for your convenience. Eagle Metal has at no charge to the City, erected the tree for the past 21 years. To date, the City has not contracted Eagle for any projects this fiscal year. FINANCIAL DEPARTMENT REVIEW The Finance Department recommends approval. DISCUSSION Parks & Recreation and Public Works are requesting to have Eagle Metal Products repair the 100' Holiday Tree: quote attached for your convenience. Eagle Metal has at no charge to the City, erected the tree for the past 21 years. To date, the City has not contracted Eagle for any projects this fiscal year. 1. Eagle Metal .................... $39,680.00 The scope of the work consists of the following: Repair and paint 128 frames, as described below, for the lump sum price is $39,680.00, no Florida sale tax included. This price includes the following work: Power wire brush frames to remove rust and loose paint Remove tube steel members that are rusted beyond repair and replace with new tube steel Weld rusted holes in tube steel as needed Chemically treat rusted tube steel with Ospho as needed Replace bolts as needed Apply two-part epoxy primer Apply finish coat with two-part epoxy enamel. OPERATING COST Funding is available from Public Works, Building Maintenance account # 001-3431-519-46.10 DDA has committed$20,000 for FY14/15 for Tree Repair. TIMING OF THE REOUEST This item is time sensitive, as the rust removal needs to be completed when the tree is taken down and returned to storage in January 2015. FUNDING SOURCE Funding is available from 001-3431-519-46.10 (General Fund: Repair & Maintenance Services/Building Maintenance). EAGLE METAL PRODUCTS, INC. 5409 WOODS WEST DRIVE LAKE WORTH, FL 33463 561.964.4192/Cell 954.931.7498 Fax No. 561.641.9079 Email: eaglemetalproducts @gmail.com November 10, 2014 James Schmitz Deputy Director of Public Works City of Delray Beach 434 South Swinton Avenue Delray Beach, FL 33444 Dear Jim: Re: Christmas Tree Frame Repair Proposal (Yellow Section)for 2015 Per your request, we would like to quote the following to repair and paint 128 frames as described below: Power wire brush frames to remove rust and loose paint Remove tube steel members that are rusted beyond repair and replace with new tube steel Weld rusted holes in tube steel as needed Chemically treat rusted tube steel with Ospho as needed Replace bolts as needed Apply two-part epoxy primer Apply finish coat with two-part epoxy enamel The cost on above repairs is $39,680.00 If this is acceptable, a 20%deposit in the amount of$7,936.00 would be required prior to starting the repairs.We would like to start the repairs in January to be able to complete the work prior to the rainy season. Thank you for the opportunity to quote this project. Please call me if you have any questions. Sincerely, Lester W. Hensley, President LWH:jh RESOLUTION NO. 66-14 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING THE PURCHASE OF RUST REMOVAL AND STRUCTURAL, REPAIRS FOR THE 100' HOLIDAY TREE FROM EAGLE METAL PRODUCTS; DECLARING BY A FOUR-FIFTHS AFFIRMATIVE VOTE THAT THE CITY'S SEALED COMPETITIVE METHOD FOR THE PURCHASE IS NOT IN THE BEST INTEREST OF THE CITY;PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Delray Beach Parks and Recreation Department seeks approval to purchase rust removal and structural repairs for the 100' holiday tree from Eagle Metal Products; and WHEREAS, The Parks and Recreation Department is obligated to maintain the 100' holiday tree in a safe,usable condition in order to provide a safe special event for patrons;and WHEREAS, the Delray Beach Parks and Recreation Department has determined, through historical documents, that Eagle Metal Products has provided yearly maintenance for the holiday tree for and is familiar with the intricacies of the aging structure ;and WHEREAS, the Delray Beach Parks and Recreation Department has determined, through historical documents, that Eagle Metal Products has, at no charge to the City, erected the tree for the past 21 years;and WHEREAS, the Delray Beach Parks & Recreation Department has determined, that the location of Eagle Metal Products provides timely delivery of repair services; and WHEREAS, utilization of the City's competitive procurement methods for the purchase of rust removal and repair services for the 100' holiday tree is not practical due to the complexity and age of the metal structure and the historical knowledge of Eagle Metal Products regarding previous repairs; and WHEREAS, Section 36.02(c)(11) of the City's Code of Ordinances provides that the City may acquire or contract for non-real property, goods or services without utilizing a Sealed Competitive Method or the Written Quotations Method where the City Commission declares by at least a four-fifth (4/5) affirmative vote that the Sealed Competitive or the Written Quotation Method is not in the best interest of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the foregoing "WHEREAS" clauses are ratified and confirmed as being true and correct factual findings and are made a specific part of this Resolution. Section 2. The City Commission of the City of Delray Beach hereby declares, by a minimum four- fifths affirmative vote, that the City's Sealed Competitive Method or Written Quotations Procurement Method is not in the best interest of the City. The City Commission declares that the acquisition of rust removal and structural repairs from Eagle Metal Products, attached as Exhibit "A", is in the best interest of the City. Section 3. The City Manager is authorized to do all things necessary and expedient to carry out the aims of this Resolution. Section 4. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED by the City Commission of the City of Delray Beach this the 2nd day of December, 2014. MAYOR ATTEST: City Clerk 2 Res 66-14 w MEMORANDUM W TO: Mayor and City Commissioners FROM: Jim Schmitz, Deputy Director of Public Works Randal Krejcarek, P.E. Director of Environmental Services THROUGH: Terry Stewart, Interim City Manager DATE: October 31, 2014 SUBJECT: AGENDA ITEM 9.E.-REGULAR COMMISSION MEETING OF DECEMBER 2,2014 APPROVAL OF A BID AWARD TO MOWREY ELEVATOR AND TERMINATE AN AGREEMENT WITH ORACLE ELEVATOR BACKGROUND Consider a recommendation to award Bid No. 2014-35, "Elevator Maintenance Services Term Contract" to Mowrey Elevator, with an annual expenditure limit not to exceed $65,000. The contract has an initial term of five (5) years, and has the option of being renewed for two (2) additional terms of one (1)year each. Oracle Elevators has the current elevator contract (Bid No. 2009-33) to maintain and repair all of the elevators within the City; Police Department, Fire Department, City hall, Parking Garages, and other City facilities. The current contract with Oracle Elevators covers seven (7) elevators and does not have a termination date. However, the contract has been in effect for five (5) years, therefore it was decided that the elevator service contract should be rebid as additional elevators needed to be added. The total number of elevators to be serviced included in Bid No. 2014-35 is now ten(10). A sealed competitive bid process for Bid No. 2014-35 was utilized. The contract is structured such that the elevator maintenance company awarded the bid will be paid a monthly fee for maintenance and repairs to ensure that all elevators are in compliance with the State of Florida Department of Business and Professional Regulation, and an hourly fee for repairs that are not covered under the contract, such as vandalism, acts of God, etc. Oracle Elevator has the lowest annual cost for the fixed maintenance and service of the elevators at $12,156.00, but at an hourly rate of $225.00 per hour. Mowrey Elevator has a slightly higher fixed annual cost of$12,912.00, but a lower hourly rate of$125.00 per hour. After approximately eight (8) hours of service calls, it would be less expensive to contract with Mowrey Elevator, considering the $100 per hour savings. Historically, an average of two (2) service calls a month is called in just for the parking garage elevators. For fiscal year 2013/2014, a total of$41,727.01 was spent with Oracle Elevator; this figure was mostly due to failures from vandalism at the parking garage elevators, and water intrusion issues at Fire Station #1 which required replacing all of the electronics and controls. Results were posted on September 22, 2014 by the Purchasing Department and there were not any protests filed. The chart below provides a list of the vendors that responded to Bid No. 2014-35: Vendor Service Contract Maintenance Hourly Rate and Annual Cost Oracle Elevator $12,156.00 $225.00 Mowrey Elevator $12,912.00 $125.00 Action Elevator and Lifts $42,720.00 $225.00 This request for consideration is in compliance with the Code of Ordinances), Chapter 36, Section 36.02 (A), "Sealed Competitive Method". FINANCIAL DEPARTMENT REVIEW Finance Department recommends approval. DISCUSSION Consider approval of Bid No. 2014-35 for yearly maintenance of the elevators to Mowrey Elevator as the most cost effective bid at an amount of $12,912 for annual maintenance and a service rate of $125/hour, with an annual total expenditure limit not to exceed $65,000 per year, subject to future annual contract renewals; and a motion to approve Resolution No. 67-14 Termination of Standard Form of Agreement between the City of Delray Beach and Oracle Elevator. FUNDING SOURCE Funding will be provided from various departments in the 2014-2015 operating and capital budgets. RECOMMENDATION Through a motion, approve by a majority vote, Bid No. 2014-35 for the yearly maintenance of all City owned elevators to Mowrey Elevator Company, with bid amount of $12,912 for annual maintenance and a service rate of$125/hour, with an annual expenditure limit not to exceed $65,000 per year, subject to future contract renewal, and motion to approve Resolution No. 67-14 for terminating the Standard Form of Agreement between the City of Delray Beach and Oracle Elevator. BID OPENING:JULY 22,2014 @ 10:OOAM ELEVATOR MAINTENANCE SERVICES TERM CONTRACT BID No.2014-35 VENDOR 4 Oracle Elevator Co. Mowrey Elevator Action Elevator&Lifts Maintenance Annual Maintenance Annual Maintnenace Annual Location Service Hours Per Month Cost Per Month Cost Per Month Cost City Hall Mon-Fri 8 AM-5 PM $77.00 $924.00 $83.00 $996.00 $275.00 $3,300.00 Federspiel Parking Garage No over-time paid 24 Hours/7 Days $125.00 $1,500.00 $247.00 $2,964.00 $480.00 $5,760.00 Fire Station#1 Mon-Fri 8AM-5 PM $77.00 $924.00 $83.00 $996.00 $275.00 $3,300.00 Hilltopper Stadium No over-time paid 24 Hours/7 Days $120.00 $1,440.00 $83.00 $996.00 $380.00 $4,560.00 Oss Parking Garage West(#1) No over-time paid 24 Hours/7 Days $120.00 $1,440.00 $119.00 $1,428.00 $420.00 $5,040.00 Oss Parking Garage East(#2) No over-time paid 24 Hours/7 Days $120.00 $1,440.00 $119.00 $1,428.00 $420.00 $5,040.00 Pompey Park. No over-time paid 24 Hours/7 Days $110.00 $1,320.00 $93.00 $1,116.00 $380.00 $4,560.00 Police Dept. Mon-Fri 8AM-5 PM $77.00 $924.00 $83.00 $996.00 $275.00 $3,300.00 Robert P.Miller Park No over-time paid 24 Hours/7 Days $110.00 $1,320.00 $83.00 $996.00 $380.00 $4,560.00 Tennis Center Mon-Fri $77.00 $924.00 $83.00 $996.00 $275.00 $3,300.00 8AM-5 PM Total Annual Cost $12,156.00 $12,912.00 $42,720.00 Hourly Rate: per hour (i.e.vandalism,acts of god,etc.) $225.00 $125.00 $225.00 Joint Bidding Co-Operative Purchasing Agreement NO YES YES Adendum#1 YES YES YES Comments N/A Mowrey elevator has been in business Pricing for Hilltoper Staduim is based since 1978.We have become one of the on elevator being repaired and in largest privately ownwed elevator operating condition should elevator companies in the US.Our technicians not be repaired,quote will be provided hold both state and national to bring to operational outside of certifications and are trained to contract converage. maintian most types of elevators regardless of the manufacturer.We offer the support of our 350,000 sq.ft. manufacturing facility.Tim Mowrey Sr. is an elevator consultant and active memeber of the American Society of Mechanical Engineers,instrumental in writing and adopting the codes.Over 38 years of service and a commitment to quality is what you get with Mowrey elevator. Remarks:Offers from the vendors listed herein are the only offers received timeluy as of the above opening date and time Posted 07.23.2014 924 996 3300 1500 2964 5760 924 996 3300 1440 996 4560 1440 1428 5040 1440 1428 5040 1320 1116 4560 924 996 3300 1320 996 4560 924 996 3300 12156 12912 42720 oracle mowrey action a 0 Cl! N Cl! Q) O 0 W H N O CL Q O O O r E N 0 L) rn N_ 3 Q Z O V � � o m Q N � N >+ Z N z LV o U W o a� D M O } Q J M z 2 o z CL 0 >� p J Z O w p U U V a w a W O H o U m WO W = 2 ~In O W LU Q v > z O z a w w a CL U Z N O Z O Z W L � Q � O� Z U w � W > cLa z w o E m H z w TERMINATION OF STANDARD FORM OF AGREEMENT BETWEEN CITY AND CONTRACTOR This TERMINATION OF THE STANDARD FORM OF AGREEMENT BETWEEN CITY AND CONTRACTOR("Termination") is made and entered into on , by and between ORACLE ELEVATOR COMPANY, a Florida corporation (hereinafter referred to as "CONTRACTOR"), and CITY OF DELRAY BEACH, a Florida municipal corporation, (hereinafter referred to as"CITY"). WITNESSETH: WHEREAS, CITY awarded to CONTRACTOR an Elevator Maintenance Service Contract in response to Bid number 2009-33. Pursuant to this award, CITY and CONTRACTOR entered into a Standard Form of Agreement dated September 29, 2009, attached hereto as Exhibit "A". This contract does not contain a termination date. WHEREAS, on June 30, 2014, the City issued an invitation to bid for a new Elevator Maintenance Service Contract (Bid Number 2014-35) to replace the Elevator Maintenance Service Contract awarded pursuant to Bid number 2009-33. WHEREAS, a recommendation to accept a bid from Mowrey Elevator Service, Inc. in response to Bid Number 2014-35 will be considered for City Commission approval at the City Commission meeting held on December 2,2014. WHEREAS, CONTRACTOR was notified of this recommendation on September 22, 2014, see DemandStar notice attached hereto as Exhibit`B". NOW, THEREFORE, it is hereby agreed by and between the Parties hereto as follows: 1. The Parties hereby agree to terminate the Standard Form of Agreement Between City and Contractor entered into on September 29, 2009 and render the same null and void and of no further force or effect. 2. The Parties hereby assert that this is a mutual termination.Neither party shall be liable to the other party for the termination of the agreement and both sides shall bear their own attorney's fees and costs. 3. This Termination agreement shall be effective upon approval by City Commission of acceptance of a bid from Mowrey Elevator Service, Inc. for elevator maintenance which is scheduled for consideration at the City Commission meeting of December 2,2014. IN WITNESS WHEREOF,the parties have caused this Termination to be executed as of the date first-above written. ATTEST: CITY OF DELRAY BEACH By: City Clerk Mayor, Cary Glickstein Approved as to Form: City Attorney WITNESSES: ORACLE ELEVATOR COMPANY By: (Print or Type Name) (Print or Type Name) STANDARD FORM OF AGREEMENT BETWEEN CI AND CONTRACTOR THIS AGREEMENT made this OL I day of,'-�Dl , 20n by and between the CITY OF DELRAY BEACH (hereinafter called CITY) and ORACLE ELEVATOR COMPANY(hereinafter called CONTRACTOR). WITNESSETH: The CITY and the CONTRACTOR in consideration of the mutual covenants hereinafter set forth, agree as follows: 1*. The undersigned CONTRACTOR hereby represents that he has carefully examined all Contract documents, and will perform the contractual requirements pursuant to all covenants and conditions. 2. The CONTRACTOR, as evidenced by the execution of this contract, acknowledges that it has examined the physical characteristics of the job requirements. The CONTRACTOR further acknowledges that the bid price includes all costs and expenses required for the satisfactory completion of the contracts requirements. 3. The contract between the CITY and the CONTRACTOR include the following documents which are attached hereto and incorporated herein by reference of the following: CONTRACT DOCUMENTS PAGE NUMBERS Invitation to Bid 1 -4 Standard Form of Agreement 5-9 Corporate Acknowledgment 10 Certificate 11 Insurance Requirements 12 Sample Insurance Form, 13-14 Specifications 15-25 Elevator inventory 26 Pricing Page 27 Drug Free Work Place Certification 28 Bid Signature Form 29 References 30 Statement of No Bid 31 Bid No.2009-33 5 �exh,�,+ •��,r Addenda numbers 1 to—1—, inclusive, and any modifications, including Change Orders, duly delivered after execution of this Agreement. 4. The term of this contract shall commence on the date indicated on the Notice to Proceed. 5. This agreement shall be governed by the laws of the State of Florida as Now and hereafter in force. The venue for actions arising out of this agreement shall be Palm Beach County, Florida. 6. All notices, requests, demands, and other given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses: As to City: City of Delray Beach, FL 100 NW 1 st Avenue Delray Beach, FL 33444 As to CONTRACTOR: Oracle Elevator Company 2315 Stirling Road Fort Lauderdale, FL 33312 7. The CONTRACTOR shall not, without prior written consent of the CITY, assign any portion of its interest under this contract and, specifically, the CONTRACTOR shall not assign any moneys due or to become due without the prior written consent of the CITY. 8. The CITY and the CONTRACTOR each binds himself, his partners, successors, assigns and legal representatives to the other party hereto in respect to all covenants, agreements and obligations contained in the contract documents. 9. In consideration of ten dollars ($10.00) and other valuable consideration, the CONTRACTOR shall defend, indemnify and save harmless the CITY, its officers, agents and Bid No.2009-33 6 employees, from or on account of any liabilities, damages, losses and costs received or sustained by any person or persons by or in consequence of any negligence (excluding the sole negligence of the CITY), recklessness or intentional wrongful misconduct of the CONTRACTOR and any persons employed or utilized by the CONTRACTOR in the performance of this Project. CONTRACTOR agrees that negligent, reckless or intentional wrongful misconduct includes, but is not limited to, use of any improper materials or liabilities, damages, losses or costs caused by or on account of the use of any improper materials. CONTRACTOR agrees that negligent, reckless or intentional wrongful misconduct also includes but is not limited to the violation of any Federal, State, County or City laws, by-laws, ordinances or regulations by the CONTRACTOR, his subcontractors, agents, servants or employees. CONTRACTOR further agrees to defend, indemnify and save harmless the CITY from all such claims and fees, and from any and all suits and actions of every name and description that may be brought against the CITY on account of any claims, fees, royalties, or costs for any invention or patent, and from any and all suits and actions that may be brought against the CITY for the infringement of any and all patents or patent rights claimed by any person, firm, or corporation. The indemnification provided above shall obligate the CONTRACTOR to defend at his own expense or to provide for such defense, at the CITY'S option, any and all claims or liability and all suits and actions of every name and description that may be brought against the CITY which may result from the operations and activities under this Contract whether the construction operations be performed by the CONTRACTOR, his subcontractor or by anyone directly or indirectly employed by either_ This indemnification includes all costs and fees including attorneys fees and costs at trial and appellate levels. The CITY will pay to the CONTRACTOR the specific consideration of ten dollars and other good and valuable consideration as specific consideration for the indemnification Bid No.2009-33 7 provided herein. Furthermore, the CONTRACTOR acknowledges that the bid price includes said consideration for the indemnification provision. 10. This Agreement shall be considered null and void unless signed by both the CONTRACTOR and the CITY. 11. The contract documents constitute the entire agreement between the CITY and the CONTRACTOR and may only be altered, amended or repealed by a duly executed written instrument. Bid No.2049-33 8 IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the day and year first above written. ATTEST: CI DELRAY BEAC FLORIDA By. CR7Clerk Woodie McDuffie, M y Approved as to form: City Attorney V jITN M"Luo S C ONTRACTOR: BY: 4Q. G kwbw L T 1�CCO�c'� t r4 (Print or type name and title) (Print or type name and title) (SEAL) • 'r �yr• 1, Bid No.2009-33 9 Page 1 of 1 City of Delray Beach RECOMMENDATION BID Number:#2014-35 T id Opening Date: 07.22.2014 Time: 10:00 AM Title:ELEVATOR MAINTENANCE SERVICES TERM CONTRACT VENDOR MOWREY ELEVATOR $12,912. (Annual Cost) NOTES: CONTRACT AWARD RECOMMENDATION ONLY Remarks: PENDING APPROVAL BY THE CITY COMMISSION POSTED 0922.2014 w MEMORANDUM W TO: Mayor and City Commissioners FROM: Noel M. Pfeffer, City Attorney DATE: November 20, 2014 SUBJECT: AGENDA ITEM 9.F.-REGULAR COMMISSION MEETING OF DECEMBER 2,2014 EMPLOYMENT AGREEMENT WITH DONALD B.COOPER BACKGROUND At its November 7, 2014 Special Meeting, after the Commission voted to approve Mr. Cooper's selection as City Manager, the Commission gave direction to the City Attorney to prepare an employment agreement between the City and Mr. Cooper. The agreement provides terms and benefits similar to other employment agreements for City Manager. The essential terms of the Agreement are as follows: - Commencement date of Monday, January 5, 2015 - Annual salary of$170,000.00 - The City Manager may join the general employees pension plan or receive a 9.5% contribution to a 457 plan - Vacation and sick leave shall start to accrue at the highest annual accrual rate for City employees and the City Manager shall be advanced the use of up to 10 days of vacation and 10 days of sick leave as credit against his actual accrual of leave - $400.00 per month auto allowance - Moving and packing expenses from Port St. Lucie to Delray Beach not to exceed $5,000 - Assistance with temporary living quarters not to exceed $1,500.00 per month and not to exceed 6 months - Health insurance coverage on the same terms as City general employees or at City Managers option the Manager may elect to opt out of the City health plan and instead receive a monthly payment which is the lessor of(i) City Managers actual cost of health insurance coverage for himself and spouse, or (ii) a fixed monthly amount of $839.40 (which is the amount of the City's contribution for City employees selecting the HMO Core plan for employee and spouse) - Ninety(90) days severance if terminated without cause. - The cost of professional development dues and subscriptions not to exceed $1,500 annually. - The cost of the reasonable expenses for professional development and education. Any event costing greater than $1,000 requires advance approval by the Commission and educational classes and conferences shall not exceed seven (7)business days each calendar year without Commission approval. - The City Manager must reside within the City no later than nine (9) months from beginning employment. RECOMMENDATION City Commission discretion. EMPLOYMENT AGREEMENT THIS AGREEMENT ("Agreement"), made and entered into on this day of 2014, by and between the CITY OF DELRAY BEACH, a Florida municipal corporation, hereinafter referred to as the "City" and DONALD B. COOPER, hereinafter referred to as "Employee", both of whom understand as follows: WHEREAS, the City desires to employ the services of Donald B. Cooper as the City Manager of the City of Delray Beach, Florida, as provided for in Article IV of the City Charter of the City of Delray Beach, Florida; and WHEREAS, it is the desire of the City, through the City Commission, to provide for certain benefits, and to establish certain conditions of employment and to set certain working conditions of said employee; and WHEREAS, Employee desires to accept employment as City Manager of the City of Delray Beach, Florida under the terms and conditions set forth herein. NOW, THEREFORE, for and in consideration of the mutual covenants herein contained, the parties hereto agree as follows: Section 1. Duties. The City hereby agrees to employ said Employee as the City Manager of the City of Delray Beach, Florida to perform the functions and duties specified in the City Charter and Code of Ordinances of the City of Delray Beach, Florida, and to perform other such legally permissible and proper duties and functions, consistent with the office of the City Manager, as the City Commission of the City shall from time to time assign. Section 2. Term. A. This Agreement shall_ become effective and the term of employment 5 ;74A_1 11 shall begin on Monday, January 2015. The term of this Agreement shall be from the effective date of the Agreement and until termination by either party in accordance with the provisions set forth herein. During the term of this Agreement, the Employee shall be a full-time City Manager. The City Manager shall not undertake or agree to any outside employment without first obtaining the consent of the City Commission, which consent shall be in the sole discretion of the City Commission. B. Nothing in this Employment Agreement shall prevent, limit, interfere I with, or otherwise restrict the rights of the City and the City Commission to terminate the services of the Employee at any time, with or without cause, subject only to the provisions set forth in Section 12, Paragraphs A, B and C of this Agreement, and those contained in the City Charter of the City of Delray Beach, Florida. C. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the Employee to resign at any time from his position with the City, subject only to the requirements and provisions set forth in Section 12, Paragraph D, of this employment agreement. Section 3. Salary. City agrees to pay Employee for services rendered commencing upon the date of the first day Employee starts work for the City at a beginning annual salary of One Hundred Seventy Thousand Dollars ($170,000.00) payable in installments at the same time as other general employees of the City are paid. The City Commission shall engage in an annual performance evaluation and salary review of said Employee made not later than in August of each year being in advance of the final adoption of the annual operating budget of the City so that appropriate funding may be provided. It is further understood that merit salary increases based on the annual performance evaluations and salary reviews are exclusive of any general cost-of- living/economy increases afforded to other employees. The Employee shall be entitled to all of the cost-of-living/economy increases which the City may grant to its upper management level employees not covered by any collective bargaining agreement, if any, when such increases are authorized and commenced by the City Commission. Section 4. Deferred Compensation/Retirement. The City agrees to execute all necessary agreements provided by the International City Management Association--Retirement Corporation (ICMA-RC) for the Employee's continued participation in said ICMA-RC retirement plan and, in addition to the base salary paid by the City to the Employee, the City agrees to pay an amount equal to 9.5 percent (9.5%) of the Employee's base salary into the ICMA-RC on Employee's behalf, in equal proportionate amounts on a monthly basis, and to transfer ownership to succeeding employers upon the Employee's resignation or discharge. In the event such contributions to the ICMA-RC retirement plan exceed the maximum 2 amount permitted by Federal law or Internal Revenue Service regulations to accrue to Employee's benefit on a tax deferred basis, said excess amount shall be paid as direct compensation to the Employee. If the Employee elects to not participate in the ICMA 9.5% contribution plan, referenced in the previous paragraph, and wishes to join the City's General Employee's Pension plan, the City agrees to enroll the Employee into the General Employee's Pension Plan and to make at least the same level of contributions for the Employee or on the Employee's behalf as the City does for its other administrative employees consistent with all Applicable Laws and Authorities. Section 5. Vacation and Sick Leave. A. Upon commencing employment, the Employee shall begin to accrue sick and vacation leave on an annual basis equal to the highest annual accrual provided to all other employees, not covered by any collective bargaining agreement. Employee shall be entitled to one personal day on annual basis and in accordance with City Policies. B. The Employee shall be entitled to military reserve leave time pursuant to state law and City policy. C. Notwithstanding City policy to the contrary however, Employee shall be advanced the use of up to ten (10) vacation and ten (10) sick leave days from the effective date of this Agreement as a credit against his actual accrual of said leave. Section 6. Disability, Health and Life Insurance. The Employer agrees to provide disability insurance, health insurance, and life insurance to the Employee under the same terms and conditions as same may be provided from time to time to the general employees of the City of Delray Beach not otherwise covered by any collective bargaining agreement. Notwithstanding, the foregoing paragraph, Employee may, at his option, elect to not participate in the City's health insurance coverage by providing City written notice prior to the commencement of employment or at any time during each year of this Agreement during the City's annual open enrollment period. In the event Employee elects to not participate in the City's health insurance coverage, City shall pay Employee a monthly installment in an amount not to exceed the lesser of (i) Employees actual 3 monthly cost of health insurance coverage for the Employee and spouse, or (ii) the sum of Eight Hundred Thirty-Nine and 40/100 Dollars ($839.40). Section 7. Automobile. The Employee's duties require that he have the use of an automobile during his employment by the City. To that end, the City shall pay Employee a car allowance of Four Hundred Dollars ($400.00) per month. Section 8. Moving Expenses. The Employee shall be reimbursed, or, at the option of the City, the City may pay directly, for the expenses of packing and moving himself, his family, and his personal property from Port St. Lucie, Florida to Delray Beach, Florida with said payment or reimbursement to be limited to such reasonable and actual moving expenses, to include unpacking, storage costs, and insurance charges. The Employee agrees that he shall seek at least two (2) bids for such services, and he shall utilize the lowest competent bidder to provide such services. The total amount for reimbursement or payment of all moving expenses shall not exceed Five Thousand Dollars ($5,000). Furthermore, the City agrees to provide the Employee assistance with temporary living quarters, for a period of time up to six (6) months following the first day of work by the Employee under this Agreement. In no event shall the total value of such assistance with temporary living quarters or the expense to the City for such temporary living quarters exceed the sum of Fifteen Hundred Dollars ($1,500.00) per month with a total amount not to exceed Nine Thousand Dollars ($9000.00). Section 9. Hours of Work. Notwithstanding City policies and procedures to the contrary, it is recognized that the Employee must devote a great deal of time outside the normal office hours to business of the City, and to that end, the Employee will be allowed to take reasonable compensatory time off not to exceed five (5) days each year as Employee deems appropriate during said normal office hours. Section 10. Civic Club Membership. The City recognizes the desirability of representation in and before local civic and other organizations, and to that end the Employee is authorized to become a member of one such civic club for which the City shall pay the Employee's dues. In addition, the 4 Employee is encouraged to take an active part in organizations such as the Delray Beach Chamber of Commerce and the like. Section 11. Professional Development. A. The City agrees to budget and to pay for the professional dues and subscriptions of the Employee reasonably necessary for his continuation and full participation in national, regional, state and local associations and organizations necessary and desirable for his continued professional participation, growth and advancement, and for the good of the City. The total annual amount of professional dues and subscriptions shall not exceed Fifteen Hundred Dollars ($1,500). B. The City hereby agrees to budget for and pay the reasonable and necessary travel and subsistence expenses of the Employee for professional and official travel, meetings and occasions adequate to continue the professional development of the Employee and to adequately pursue necessary official and other functions for the City, including but not limited to the Annual Conference of the International City Management Association, the Florida League of Cities, the Government Finance Officers Association and such other national, regional, state and local governmental groups and committees thereof which the Employee serves as a member. Any office travel, meetings or conferences expenses incurred pursuant to this section which exceed a cost of $1,000 shall require advance approval by the City Commission. Employee may not attend educational classes or conferences in excess of seven (7) business days each calendar year without first obtaining City Commission approval. C. The City also agrees to budget and to pay for the reasonable and necessary travel and subsistence expense of the Employee for short courses, institutes, and seminars that are necessary for this professional development and for the good of the City. Any travel and education expenses incurred pursuant to this section which exceed a cost of $1,000 shall require advance approval by the City Commission. Section 12. Termination and Severance Pay. A. Employee shall serve at the pleasure of the City Commission, and the City Commission may terminate the employment of Employee under this Agreement at any time, for any reason or for no reason. 5 B. Should the City Commission terminate the services of Employee "without cause", Employee shall be entitled to ninety (90) days of compensation and such severance pay may not exceed an amount greater than as set out in and defined in section 215.425(4)(d), Florida Statutes. In consideration of payment of severance, Employee shall execute a general release in favor of the City, its successors and assigns. If termination of employment is for misconduct, as defined in section 443.036(30), Florida Statutes, then such severance pay to Employee is prohibited pursuant to section 215.425(4)(a)2, Florida Statutes. Employee will also receive payment for any vacation, sick or personal accrued leave prior to the effective date of the termination by the City Commission to be paid to Employee under the same terms and policies as provided to all other employees, not covered by any collective bargaining agreement. The lump sum cash payment shall be made within fifteen (15) working days of termination. After the payment described above, the City shall have no further financial obligation to Employee pursuant to this Agreement. This subsection shall not prevent Employee from collecting any money earned as a result of his participation in a City sponsored retirement plan (i.e., 401(a) program or 457 deferred compensation program). C. In the event Employee is terminated for just cause, the City shall have no obligation to pay the amounts outlined in Section 12, paragraph B of this Agreement. For the purposes of this Agreement, just cause is defined and limited to, for the purposes of this Agreement, any of the following: (1) Misfeasance, malfeasance and/or nonfeasance in performance of his City duties and responsibilities. (2) Conviction of a misdemeanor or felony crime, whether or not adjudication is withheld. (3) Neglect of duty, including the inability or unwillingness to properly discharge the responsibilities of the office. (4) Violation of any substantive City policy, rule, or regulation, which would subject any other City employee to termination. 6 (5) Conduct unbecoming the Employee which is defined to mean any conduct by Employee, 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 Employee to perform his or her duties as City Manager or conduct which brings disrepute or discredit to the City. (6) The commission of any fraudulent act against the interest of the City. (7) The commission of any act which involves moral turpitude, or which causes the City disrepute. (8) Violation of state or local ethics laws and codes, including, but not limited to, the Florida Code of Ethics for Public Officers and Employees, the Sunshine Amendment to the Florida Constitution, the Palm Beach County Code of Ethics, or violation of the International City/County Management Association Code of Ethics. (9) Any other act of similar nature of the same or greater seriousness. If Employee's employment is terminated pursuant to this subsection, then the City shall pay to Employee any accrued compensation due Employee up to Employee's final day of employment, including any accrued vacation, The City shall have no further financial obligation to Employee pursuant to this Agreement. This subsection shall not prevent Employee from collecting any money earned as a result of his participation in a City sponsored retirement plan (i.e.; 401(a) program or 457 deferred compensation program). D. In the event the Employee voluntarily resigns his position with the City, then the Employee shall give the City at least sixty (60) calendar days notice in advance, unless the parties otherwise agree, and in such case of voluntary resignation, the Employee shall not be eligible for payment of the severance pay set forth in this Section. Section 13. Indemnification. A. The City shall provide a legal defense, and indemnification, under the same terms and conditions as provided to the other employees of the City of Delray Beach in 7 accordance with the requirements and provisions of the City Charter and Chapter 31 of the Delray Beach Code of Ordinances of the City of Delray Beach, Florida. The Employee may provide input with respect to any legal defense required by this subsection or any proposed settlement, however, the City shall have the right to compromise and settle any such claim or suit and pay the amount of any such settlement or judgment rendered thereon, in its sole discretion. This indemnification provision shall survive the termination of this Agreement. Section 14. Physicals. This Agreement is contingent upon a satisfactory medical evaluation of the Employee following a full physical examination and drug test by a medical provider of the City's choice. Determination of what constitutes a satisfactory medical evaluation is solely within the discretion and determination of the City. Such physical exam and drug testing shall be concluded prior to the Employee's employment. Section 15. Other Terms and Conditions of Employment. A. The City Commission, in consultation with the Employee, shall fix any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of the Employee, provided such terms and conditions are not inconsistent with or in direct conflict with the provisions of this Agreement, the City Charter, the City Code of Ordinances, or any other applicable law. B. All other provisions of the City Charter, City Code of Ordinances, and rules and regulations of the City relating to vacation and sick leave, retirement and pension system contributions, holidays, and other fringe benefits and working conditions as they now exist or hereafter may be amended from time to time, shall also apply to the Employee as it would be to other general employees of the City not covered by a collective bargaining agreement, in addition to said benefits and numerated specifically for the benefit of the Employee herein, except as may be otherwise provided for herein. C. The Employer shall not at any time during the term of this Agreement reduce the salary, compensation or other financial benefits of the Employee, except to the degree of such a reduction across-the-board for all general employees of the City. D. The Employee must reside within the City limits of Delray Beach within nine (9) months of beginning employment. 8 Section 16. Notices. Notices pursuant to this agreement shall be given by deposit in the custody of the United States Postal Service, postage prepaid, addressed as follows: City: Mayor City of Delray Beach, Florida 100 N.W. 1St Avenue Delray Beach, FL 33444 Employee: Donald B. Cooper 2892 Bakersfield Street Port St. Lucie, FL 34952 Alternatively, notices required pursuant to this Agreement may be personally served in the same manner as is applicable to civil judicial practice. Notice shall be deemed given as of the date of personal service or as of the date of deposit of such written notice in the course of transmission in the United States Postal Service. Section 18. General Provisions. A. The text herein shall constitute the entire agreement between the parties. B. This Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of the Employee. C. If any provision, or any portion thereof, contained in this Employment Agreement is held unconstitutional, invalid or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severable, shall not be affected and shall remain in full force and effect. IN WITNESS WHEREOF, the City of Delray Beach, Florida, has caused this Agreement to be signed and executed on its behalf by its Mayor, and duly attested to by 9 its City Clerk, and approved as to form by the City Attorney, and the Employee has signed and executed this Agreement, both in duplicate, on the day and year first above written. CITY OF DELRAY BEACH E LOYEE Mayor onald B. Cooper Attest: City Clerk Approved as to Form: City Attorney 10 w MEMORANDUM W TO: Mayor and City Commissioners FROM: Terry Stewart, Interim City Manager DATE: November 19, 2014 SUBJECT: AGENDA ITEM 9.G-REGULAR COMMISSION MEETING OF DECEMBER 2,2014 NOMINATION FOR APPOINTMENT TO THE DOWNTOWN DEVELOPMENT AUTHORITY 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: Planning and Zoning Department THROUGH: Terry Stewart, Interim City Manager DATE: November 6, 2014 SUBJECT: AGENDA ITEM 11.A.-REGULAR COMMISSION MEETING OF DECEMBER 2,2014 ORDINANCE NO.32-14/DELRAY COTTAGES BACKGROUND The subject property measures 0.2774 acres (12,084 sq. ft.) and is located on the south side of SE 4th Street between SE 6th Avenue and SE 7th Avenue. It contains an existing one-story 1,426 sq. ft. single family residence which was constructed in 1950. In September 1990, in association with the City-wide Future Land Use Map (FLUM) and Zoning changes, the subject property was zoned GC (General Commercial)with a FLUM designation of GC (General Commercial). Prior to this change, the property had a zoning of R-1-AA (Single Family Residential) and FLUM of LD (Low Density Residential). At that time, the City deemed the lot immediately to the west, which fronts on Federal Highway, undevelopable due to its lot size. It was presumed that aggregation of the subject lot with the lot to the west would allow for future commercial development of the property with the GC (General Commercial) Zoning District. However, as of this date, the subject property remains residential in use, has been maintained in superior condition, and the property to the west has not experienced any commercial redevelopment activity. Accordingly, on April 22, 2014, the subject property was sold to Delray Cottages LLC who desires to construct a master bedroom addition & swimming pool amenities for the existing single family residence. However, due to the existing nonconforming use,no expansion to the single family residence is allowed. Therefore, the applicant has submitted this request for a proposed Future Land Use Map (FLUM) Amendment from GC (General Commercial) to LD (Low Density Residential) and a proposed Zoning District change from GC (General Commercial) to R-1-AA (Single Family Residential) and allow for expansion of the existing single family residence located at 606 SE 4th Street. This is consistent with its current use and reestablishes its original zoning and FLUM designation DISCUSSION Consider approval of the requested rezoning from GC (General Commercial) to R-1-AA (Single Family Residential) and a Future Land Use Map (FLUM) Amendment from GC (General Commercial) to LD (Low Density Residential) for the Delray Cottages. RECOMMENDATION Advisory/Approving Board Recommendation: On October 20, 2014, by a vote of 5-0, the Planning and Zoning Board made a recommendation of approval to the City Commission for the request for rezoning from GC (General Commercial) to R-1- AA (Single Family Residential) and a Future Land Use Map (FLUM) Amendment from GC (General Commercial)to LD (Low Density Residential) for the Delray Cottages. Staff Recommendation By Separate Motions: Rezoning: Approve on first reading Ordinance No. 32-14, the privately-initiated rezoning from GC (General Commercial) to R-1-AA (Single Family Residential) for a 0.2774 acre parcel of land located on the south side of SE 4th Street between SE 6th Avenue and SE 7th Avenue, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and does meet the criteria set forth in Sections 2.4.5(D)(5), 3.1.1 and 3.2.2 of the Land Development Regulations. FLUM Amendment: Approve on first reading Ordinance No. 32-14, the privately initiated small- scale Future Land Use Map amendment from GC (General Commercial) to LD (Low Density Residential) for a 0.2774 acre parcel of land located on the south side of SE 4th Street between SE 6th Avenue and SE 7th Avenue, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and does meet the criteria set forth in Sections 2.4.5(D)(5), 3.1.1 and 3.2.2 of the Land Development Regulations. ORDINANCE NO. 32-14 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA ADOPTING A SMALL-SCALE FUTURE LAND USE MAP AMENDMENT FROM GC (GENERAL COMMERCIAL) TO LD (LOW DENSITY RESIDENTIAL 0-5 DU/AC), PURSUANT TO THE PROVISIONS OF THE "COMMUNITY PLANNING ACT", FLORIDA STATUTES SECTION 163.3187, FOR A PARCEL OF LAND LOCATED ON THE SOUTH SIDE OF SE 4TH STREET, 87.60 FEET EAST OF SE 6TH AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN, AND REZONING AND PLACING SAID LAND PRESENTLY ZONED GC (GENERAL COMMERCIAL) DISTRICT TO R-1-AA (SINGLE FAMILY RESIDENTIAL) DISTRICT; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, JANUARY 2012"; PROVIDING A GENERAL REPEALER CLAUSE,A SAVING CLAUSE,AND AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach exercised the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.3248, inclusive, known as the "Community Planning Act"; and WHEREAS, via Ordinance No. 82-89, the City Commission adopted the document entitled "Comprehensive Plan -Delray Beach, Florida"; and WHEREAS, Delray Cottages, LLC, is the fee simple owner of a 0.2274 acre of land located on the south side of SE 4th Street, 87.60 feet east of SE 6th Avenue; and WHEREAS, the subject property hereinafter described has an existing Future Land Use Map (FLUM) designation of GC (General Commercial); and WHEREAS, the owner of the property requested to change the Future Land Use Map designation from GC (General Commercial)to LD (Low Density Residential 0-5 du/ac); 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 GC (General Commercial)District; and WHEREAS, at its meeting of October 20, 2014, the Planning and Zoning Board for the City of Delray Beach, sitting as the Local Planning Agency, considered this item at a public hearing and voted 5 to 0, to recommend that the Future Land Use Map designation and zoning classification be changed for the property hereinafter described, 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 Future Land Use Map and Zoning District Map of the City of Delray Beach, Florida be amended to reflect the revised designations. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA,AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That the Future Land Use Map designation of the subject property is hereby officially affixed as LD (Low Density Residential 0-5 du/ac). Section 3. That the City Commission of the City of Delray Beach, Florida, hereby declares its intent to exercise the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.3248, inclusive, known as the "Community Planning Act." Section 4. That the Zoning District Map of the City of Delray Beach, Florida, be, and the same is hereby amended to reflect a zoning classification of R-1-AA (Single Family Residential)District for the following described property: A Part of Lot 9, Block 1, of Osceola Park, Delray Beach, Florida, according to the Plat thereof, on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 3, Page 2 of the Public Records of Palm Beach County, Florida, more particularly described as follows: Beginning at a point on the North line of said Lot 9, 20 feet West of the Southerly extension of the center line of SE 7m Avenue as shown on Plat of Blank Nichols Subdivision, recorded in Plat Book 13, Page 28 of the Public Records of Palm Beach County, Florida; thence southerly parallel to the West line of said Lot 9, 152.45 feet to the South line of said Lot 9; thence westerly along the South line of said Lot 9, 160 feet which distance is measured along the South line of said Lot 9; thence northerly parallel to the west line of said Lot 9, 152.45 feet to the North line of said Lot 9; thence easterly along the North line of said Lot 9, 160 feet more or less to the point of beginning, less the East 100 feet thereof, also the East 40 feet of the West 127.6 feet (less the South 73 feet thereof) of Lot 9, Block 1, Osceola Park, an addition to the City of Delray Beach, Florida, according to the Plat thereof, recorded in Plat Book 3, Page 2 less the North 15 feet of a part of said Lot 9, as described in the Special Warranty Deeds to the City of Delray Beach, recorded in Official Records Book 894, Page 902 and Official Book 894 2 ORD NO. 32-14 Page 903 of the Public Records of Palm Beach County, Florida. Section 5. 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 4 hereof. Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 7. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 8. That this ordinance shall become effective as follows: thirty-one (3 1) days after adoption, unless the Comprehensive Plan amendment is timely challenged. If timely challenged, the effective date of this Ordinance shall be the date a final order is issued by the State Land Planning or the Administration Commission, finding the adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the state land planning agency. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2014. MAYOR ATTEST City Clerk First Reading Second Reading 3 ORD NO. 32-14 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: October 20, 2014 AGENDA ITEM: Future Land Use Map (FLUM) Amendment (small-scale) from GC (General Commercial) to LID (Low Density Residential) and Rezoning from GC (General Commercial) to R-1-AA (Single Family Residential) for an existing single family residence located at 606 SE 4t" Street. GENERAL DATA: Owner/Applicant...................... Delray Cottages LLC �I .......... Agent....................................... Carney Stanton PL f--- WE ._..__..._ Location............................ On the south side of SE 4" �j lI. iii St. between SE 6t"Ave. and rl SE 7t"Ave. - -- j Property Size............................ 0.2774 acres (12,084 sq. ft.) .... _... e L�ta t Existing FLUM.......................... GC (General Commercial) P i -1 Proposed FLUM....................... LD (Low Density Residential) 1 f 11 y Current Zoning ...... GC General Commercial i Proposed Zoning...................... R-1-AA (Single Family Residential) Adjacent Zoning North: R-1-AA (Single Family -- Residential & CBD (Central SE 5th St sESthSt Business District) - East: R-1-AA (Single Family E6ths� 1 Residential) South: R-1-AA (Single Family -- a Residential & GC (General Commercial) Ott tit > a� West: GC (General Commercial) SE 8t t Existing Land Use................. Single Family Residence Proposed Land Use............... Expansion of SFR Proposed E�8f t� Water................................. Existing on-site via a 12" main within the SE 4t" St. right-of-way Existing on-site via an 8" main Sewer................................. within the SE 4 t" St. right-of-way ITEMS BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission on a proposed Future Land Use Map (FLUM) Amendment from GC (General Commercial) to LD (Low Density Residential) and a proposed Zoning District change from GC (General Commercial) to R-1- AA (Single Family Residential) for an existing single family residence located at 606 SE 4th Street. Pursuant to Land Development Regulations (LDR) Section 2.2.2(E)(6), the Local Planning Agency (Planning & Zoning Board) shall review and make a recommendation to the City Commission with respect to any Future Land Use Map (FLUM) Amendment and/or Rezoning for all properties located within the City limits. BACKGROUND ANALYSIS The subject property measures 0.2774 acres (12,084 sq. ft.) and is located on the south side of SE 4th Street between SE 6th Avenue and SE 7th Avenue. It contains an existing one-story 1,426 sq. ft. single family residence which was constructed in 1950. It is located within the Osceola Park subdivision and is a part of Lot 9, Block 1, as recorded in Plat Book 3, Page 2 of the Official Public Record Books of Palm Beach County. In September 1990, in association with the City-wide FLUM and Zoning changes, the subject property was zoned GC (General Commercial) with a FLUM designation of GC (General Commercial). Prior to this change, the property had a zoning of R-1-AA (Single Family Residential) and FLUM of LD (Low Density Residential). At that time, the City deemed the lot immediately to the west undevelopable due to its lot size. It was presumed that aggregation of the subject lot with the lot to the west would allow for future commercial development of the property with the GC (General Commercial) Zoning District. However, as of this date, the subject property remains residential in use, has been maintained in superior condition, and the property to the west has not experienced any commercial redevelopment activity. Accordingly, on April 22, 2014, the subject property was sold to Delray Cottages LLC who desires to construct a master bedroom addition & swimming pool amenities for the existing single family residence. However, due to the existing nonconforming use, no expansion to the single family residence is allowed. Therefore, the applicant has submitted this request for a proposed Future Land Use Map (FLUM) Amendment from GC (General Commercial) to LD (Low Density Residential) and a proposed Zoning District change from GC (General Commercial) to R-1-AA (Single Familyh Residential) and allow for expansion of the existing single family residence located at 606 SE 4t Street. This is consistent with its current use and reestablishes its original zoning and FLUM designation. FUTURE LAND USE MAP AMENDMENT ANALYSIS' Current Land Use Designation: The current Future Land Use Map (FLUM) designation for the subject property is GC (General Commercial). Requested Land Use Designation: The requested Future Land Use Map (FLUM) designation is LD (Low Density Residential). Florida Statutes 163.3187 — Small Scale Land Use Map Amendments: This Future Land Use Map (FLUM) Amendment is being processed as small scale development pursuant to Florida Statues 163.3187. This statutes states that any local government comprehensive land use amendments directly related to proposed small scale development activities may be approved without regard to statutory limits on the frequency of consideration of amendment (twice a year), subject to the following conditions: Planning&Zoning Board Report of October 20, 2014 Delray Cottages Rezoning&FLUM Changes Page 2 of 9 • The amendment does not exceed ten (10) acres of land; • The cumulative effect of the amendments processed under this section shall not exceed one hundred twenty (120) acres within designated redevelopment and traffic concurrency exception areas, or sixty (60) acres annually in areas lying outside the designated areas; and, • The proposed amendment does not involve the same property, or the same owner's property within two hundred feet (200') feet of property, granted a change within a period of twelve (12) months. • That if the proposed amendment involves a residential land use, the residential land use has a density of ten (10) units or less per acre except for properties that are designated in the Comprehensive Plan for urban infill, urban redevelopment, or downtown revitalization; • The proposed amendment does not involve a text change to the goals, policies, and objectives of the local government's comprehensive plan, but only proposes a land use change to the Future Land Use Map (FLUM) for a site-specific small scale development activity; and, • The property that is the subject of a proposed amendment is not located within an area of critical state concern. The Future Land Use Map amendment involves a 0.2774 acre area, thus the total area is less than the ten (10) acre maximum. The property is not located within a designated redevelopment area or traffic concurrency exception area. This amendment, along with other small-scale amendments processed this year, outside the designated areas, will not exceed sixty (60) acres. For the 2014 calendar year, three (3) FLUM amendments totaling 2.09 acres have been subject to the small scale amendment process and this fourth (4th) amendment comprising 0.2774 acres will make a total of 2.367 acres. Thus, the maximum of one hundred twenty (120) acres has not been exceeded. This property has not previously been considered for a land use amendment nor has the same property owner's properties been granted a land use change within two hundred feet (200'), within the last year. The proposed amendment is for LD (Low Density Residential) land use. This involves a residential land use category. Thus, the amendment does involve a text change to the Comprehensive Plan. The subject property is not located within an area of critical state concern. Pursuant to 163.3187 (6)(a), no amendments may be made to the Comprehensive Plan after the date established by the State (January 1, 2006) unless it (the City) has submitted its Evaluation and Appraisal Report (EAR). On October 17, 2006, the EAR was adopted by the City Commission and has been accepted by the State of Florida Department of Community Affairs as sufficient. The next Evaluation and Appraisal Report (EAR) is not scheduled for review until 2015. Given the above analysis, the proposed FLUM amendment meets the criteria of FS. 163.3187 and can be considered as a small-scale land use amendment. REQUIRED FINDINGS LAND DEVELOPMENT REGULATIONS CHAPTER 3 — PERFORMANCE STANDARDS: Pursuant to LDR Section 3.1.1, prior to approval of Land Use applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map (FLUM), Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. Planning &Zoning Board Report of October 20,2014 Delray Cottages Rezoning &FLUM Changes Page 3 of 9 Ll 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 Future Land Use Map (FLUM) Amendment request is to change the existing GC (General Commercial) designation to LD (Low Density Residential) use. The LD (Low Density Residential) land use designation, as defined in the Comprehensive Plan, is applied to land which is developed, or is to be developed, at a density of five units per acre or less. Such land is usually developed for single family purposes although mixed residential uses may occur under a planned residential zoning district. Home ownership is characteristic of this designation. Where this designation exists, uses other than low density residential shall not be considered. The proposed FLUM and zoning change is to accommodate the existing single family residential use in the existing structure by making it conforming. The proposed R-1-AA (Single Family Residential) zoning, in combination with the proposed LD (Low Density Residential) FLUM designation will allow for expansion of the existing single family residence, which is not allowed under the current zoning. Development under the proposed zoning and land use designation, will be more in line with existing use and developments to the north, south and east of the subject property. ❑ Concurrency: Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. Concurrency as defined pursuant to Objective B-2 of the Future Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs, including public schools, of the requested land use and/or development application will not exceed the ability of the City and The School District of Palm Beach County to fund and provide, or to require the provision of needed capital improvements 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. Water and Sewer: Water is currently provided to the site via a 12" water main located within in the adjacent SE 4 th Street right-of-way. Sewer is currently provided to the site via an 8" sewer main located within the adjacent SE 4th Street right-of-way. No change in water and sewer usage is anticipated. Pursuant to the City's Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build-out. Drainage: With this rezoning and future land use map request, drainage plans are not required. No drainage problems have been identified with regards to the existing single family residence. Thus, problems are not anticipated related to retaining drainage on site or obtaining any building permits, if and when required. Traffic: There is no change in the existing single family residential use. Thus, the potential impact with respect to traffic will be insignificant and will be more compatible with the adjacent residential uses to the north, south and east. The proposed rezoning and future land use may change will not increase traffic for the existing structure. While the rezoning and future land use change may allow redevelopment of the property and potentially increase the intensity of the existing use, a traffic study and compliance with traffic concurrency would not be required for single family residential improvements. Parks and Recreation: The existing single family residential use is not considered to have an impact on the City's Parks and Recreation facilities. Planning&Zoning Board Report of October 20, 2014 Delray Cottages Rezoning&FLUM Changes Page 4 of 9 Solid Waste: Based upon the Solid Waste Authority's typical waste generation rates, expansion of the existing single family residential use would not increase the 1.99 tons of waste generated annually. The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals till the year 2046. Schools: School concurrency findings do not apply for single family residential uses. Thus, the proposed development will not have an impact with respect to this level of service standard. Given the above, the proposed development meets concurrency. ❑ Consistency: The requested designation is consistent with the goals, objectives and policies of the most recently adopted Comprehensive Plan. The following applicable Comprehensive Plan objective and policies are noted: Future Land Use Element Policy A-1.7: Amendments to the FLUM must be based upon the findings listed below, and must be supported by data and analysis that demonstrate compliance with these findings: Demonstrated Need -- That there is a need for the requested land use. The need must be based upon circumstances such as shifts in demographic trends, changes in the availability of land, changes in the existing character and FLUM designations of the surrounding area, fulfillment of a comprehensive plan objective or policy, annexation into the municipal boundaries, or similar circumstances. The need must be supported by data and analysis verifying the changing demographics or other circumstances. This requirement shall not apply to requests for the FLUM designations of Conservation or Recreation and Open Space; nor shall it apply to FLUM changes associated with annexations when the City's Advisory FLUM designation is being applied, or when the requested designation is of a similar intensity to the Advisory designation. However, the findings described in the remainder of this policy must be addressed with all FLUM amendments. The requested R-1-AA (Single Family Residential) zoning and LD (Low Density Residential) land use designation will be consistent with the existing and future use of the site. There is currently a single family residence on the property which is inconsistent with the existing GC (General Commercial zoning and future land use designation. The existing nonconforming residential use restricts future expansion of the home. Allowing the site to revert back to its original single family residential zoning and land use designations will accommodate future plans to construct a master bedroom building addition and a swimming pool. The proposed zoning and land use map change is more consistent with the existing character of the neighborhood based upon access restrictions to the site from US1 (Federal Highway), which were recently installed by FDOT (Florida Department of Transportation). Specifically, SE 4th Street is currently only accessible through a residential neighborhood with restricted access points and a maximum speed of 10 mph on a narrow roadway (i.e. SE 7th Avenue). Vehicular access to SE 4th Street from US1 is prohibited and residents are allowed a right turn only approach from SE 4th Street onto US1. These circumstances demonstrate a need for the requested zoning and FLUM change. Future Land Use Element Objective A-1: Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate in terms of soil, topographic and other applicable physical considerations; is complimentary to adjacent land uses; and fulfills remaining land use needs. Planning &Zoning Board Report of October 20,2014 Delray Cottages Rezoning& FLUM Changes Page 5 of 9 The existing single family residential use is more appropriate than a potential commercial use at the subject property due to development patterns in the adjacent street network. The single family residential use of the property is compatible with the adjacent land uses to the north, south and east. The only commercial property is to the west and has US1 frontage, more consistent with the development pattern for commercial or retail establishments along a major corridor. Housinq Element Policy A-12.3: In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. The development proposed herein is merely a rezoning and land use amendment request to allow for the existing use to come in compliance with the Comprehensive Plan and LDRs. The request does not consist of a proposed development which might entail significant impacts to the site and adjacent properties. The provision of a master bedroom addition and swimming pool to accommodate an existing single family residential use will not negatively affect adjacent properties or result in the degradation of the neighborhood. Allowing the existing zoning and future land use map designation to continue will maintain an existing nonconforming use and prohibit future expansion of the residence. The current use will not disrupt the aesthetic value of the neighborhood nor produce any negative effects inclusive of, but not limited to: noise, dust, odors or disruptive traffic and circulation problems. ❑ Compliance with LDRs: Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. At this time, no physical improvements are proposed. Future anticipated site improvements to the single family home include construction of a master bedroom addition and a swimming pool. If and when improvements are made, submittal of a building permit for construction prior to issuance of a certificate of occupancy will be required. At that time, the development proposal will be evaluated for compliance with minimum setback and open space requirements for R-1-AA single family residential zoning. No concerns meeting the LDR requirements are anticipated. ❑ Compatibility: The requested designation will be compatible with the existing and future land uses of the surrounding area. As demonstrated in the following tables, the requested LID (Low Density Residential) future land use designation will be more compatible with existing and future land uses of the surrounding area. The following table indicates the adjacent EXISTING future land use designation for the property: Adjacent Existing FL UM Adjacent Existing Land Use North LD (Low Density Residential) Single Family Home & 77-Unit & CC (Commercial Core) Condominium Development (The Meridian) South LID (Low Density Residential) & Single Family Home & Gasoline GC (General Commercial) Station (Chevron) West GC (General Commercial) Single Family Residence & Office (Bruce Carter&Associates) on separate parcel Planning &Zoning Board Report of October 20,2014 Delray Cottages Rezoning&FLUM Changes Page 6 of 9 LD (Low Density Residential) 2-Unit Residential Building (Existing East Nonconformity) The subject property is bordered on the north, south and east by properties zoned for residential use which are compatible with the existing use of this property. Although there is a commercial property to the west, its current use is residential. The proposed future land use map change seeks to apply a land use designation which is more consistent with the prevailing residential uses. Other permitted uses which may be assigned the LD (Low Density Residential) FLUM Designation are as follows: group homes, freestanding parking lots, pocket parks, public education facilities, assisted living facilities, residential licensed service providers and community gardens. While potential future redevelopment would allow for these other uses, the impact to the adjacent community would be insignificant given that adjacent properties to the north, south and east have the same FLUM designation as what is being proposed (LD — Low Density Residential) and are subject to the same development rights. REZONING ANALYSIS Future Land Use Map (FLUM) Consistency, Concurrency, Comprehensive Plan Consistency and Compliance with the development criteria of the LDR were previously discussed under the "Future Land Use Map Amendment Analysis"section of this report. Compliance with the Land Development Regulations with respect to Standards for Rezoning Actions and Rezoning Findings are discussed below. 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 rezonings 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 1-95. (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 use both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. (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. Standards "A", "B", "C" and "E" are not applicable with respect to this rezoning request. Standard "D" requires that the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land use both existing and proposed, or that if an Planning&Zoning Board Report of October 20,2014 Delray Cottages Rezoning&FLUM Changes Page 7 of 9 incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. The following table indicates the adjacent EXISTING zoning and land use to the subject property: Adjacent Existing Zoning Adjacent Existing Land Use North R-1-AA (Single Family Residential & Single Family Home & 77-Unit CBD (Central Business District) Condominium Development (The Meridian) South R-1-AA (Single Family Residential & Single Family Home & Gasoline GC (General Commercial) Station (Chevron) West GC (General Commercial) Single Family Residence and Office (Bruce Carter&Associates) on a separate parcel R-1-AA (Single Family Residential) 2-Unit Residential Building (Existing East Nonconformity) Based upon the above, the rezoning does not result with incompatibilities with the adjacent pattern of development and land uses. Adjacent existing land uses include a single family home & 77-unit condominium development to the north, a single family home & gasoline station to the south, a single family residence and office building to the west, and a 2-unit residential building to the east, which is considered to be an existing nonconformity, as only single family residences are allowed within the R- 1-AA zoning district. Any future proposed development on the commercial property to the west will have to consider a single family residential use (the subject property) that would require buffering (i.e. 4.5' hedge or 6' wall) to ensure its protection should the commercial property to the west redevelop. As stated previously, permitted uses allowed in the R-1-AA Zoning District are as follows: group homes, freestanding parking lots, pocket parks, public education facilities, assisted living facilities, residential licensed service providers and community gardens. Rezoning of the subject property as a single family use is appropriate given its location and surrounding land uses. Thus, the proposed rezoning can be found to be in compliance with LDR Section 3.2.2 (D)(Standards for Rezoning Actions). LDR Section 2.4.5 (D)(5)(Rezoning Findings): Pursuant to LDR Section 2.4.5 (D)(5), in addition to provisions of Chapter Three, the City Commission must make a finding that the rezoning fulfills one (1) of the reasons for which the rezoning change is being sought. These reasons include the following: (a) That the zoning had previously been changed, or was originally established, in error; (b) That there has been a change in circumstances which make the current zoning inappropriate; or (c) That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The basis for which the rezoning should be granted, can be deemed valid relative to all three (3) bullet points above. Specifically, with respect to point (a) above, it could be argued that the Planning&Zoning Board Report of October 20, 2014 Delray Cottages Rezoning&FLUM Changes Page 8 of 9 zoning had been previously changed or originally established in error, thus requiring retention of the original R-1-AA Zoning District as existing prior to the City-Wide rezonings of 1990. Also, with respect to point (b) above, there has been a change in circumstances which make the current zoning inappropriate. The change in traffic patterns resulting from restricted vehicular access to the subject property recently installed by FDOT could make commercial use of this property less feasible. Finally, with respect to point (c) above, as demonstrated in the adjacent land use charts, the requested zoning is of similar intensity as adjacent properties and is more appropriate based on existing circumstances in the neighborhood. Given these conditions, the rezoning to R-1AA is more appropriate. Based upon these positive findings, the proposed development is in compliance with LDR Section 2.4.5(D)(5). REVIEW BY OTHERS The proposed rezoning is not in a geographic area requiring review by the Historic Preservation Board (HPB), Downtown Development Authority (DDA), Pineapple Grove Main Street (PGMS) or the Community Redevelopment Agency (CRA). Courtesy Notices: A special courtesy notice was provided to the following civic groups and/or HOA: • Delray Citizens Coalition • Osceola Park • Barton Apartment • Mallory Square • Churchill • Rio Del Rey Shores IPARC Notice: On September 18, 2014, notice of the Future Land Use Map (FLUM) Amendment was provided to the Interlocal Plan Amendment Review Committee (IPARC) which distributes the information to adjacent municipalities. No objections have been received to date. Public Notices: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of objection and/or support, if any, will be presented at the Planning and Zoning Board meeting. ASSESSMENT AND CONCLUS'ION'? Positive findings can be made with respect to LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions), LDR Section 2.4.5(D)(5)(Rezoning Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan. Therefore, rezoning of the subject property from GC (General Commercial) to R-1-AA (Single Family Residential), and a future land use amendment from GC (General Commercial) to LD (Low Density Residential), can be recommended for approval, based on the findings outlined herein. ALTERNATIVE ACTIONS A. Move a recommendation of approval to the City Commission for the request for rezoning from GC (General Commercial) to R-1AA (Single Family Residential) and a Future Land Use Map (FLUM) amendment from GC (General Commercial) to LD (Low Density Residential) for the subject property, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan, and does meet the criteria set forth in Sections 2.4.5(D)(5), 3.1.1 and 3.2.2 of the Land Development Regulations. B. Move a recommendation of denial to the City Commission for the request for rezoning from GC (General Commercial) to R-1-AA (Single Family Residential) and a Future Land Use Map (FLUM) amendment from GC (General Commercial) to LD (Low Density Residential), by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent Planning&Zoning Board Report of October 20,2014 Delray Cottages Rezoning&FLUM Changes Page 9 of 9 with the Comprehensive Plan, and does not meet the criteria set forth in Sections 2.4.5(D)(5), 3.1.1 and 3.2.2 of the Land Development Regulations. C. Move to postpone a recommendation of approval or denial in order to continue reviewing the request for rezoning from GC (General Commercial) to R-1-AA (Single Family Residential) and a Future Land Use Map (FLUM) Amendment from GC (General Commercial) to LID (Low Density Residential) for the subject property with direction. STAFF RECOMMENDATION Staff recommends that the Planning and Zoning Board moves to recommend approval to the City Commission for the request for rezoning from GC (General Commercial) to R-1-AA (Single Family Residential) and a Future Land Use Map (FLUM) Amendment from GC (General Commercial) to LID (Low Density Residential) for the subject property, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan, and does meet the criteria set forth in Sections 2.4.5(D)(5), 3.1.1 and 3.2.2 of the Land Development Regulations. Report prepared by: Candi Jefferson, Senior Planner Attachments: Existing&Proposed Zoning District Maps and Existing&Proposed Future Land Use Maps 7 RM N N SE 3rd St BD r � RM all q S SE 4th bt SE 5th St SE 5 St Bucida Rd NC L POD t o GCMelaleuca Rd RM AC R-1 _qqA w R-1 -. 0 PLANNING &ZONING DELRAY COTTAGES ��. DEPARTMENT EXISTING ZONING ` :` Subject Property U (C3 SE 3rd t 4 r � I cn ® r >, R M all q S 6E 4th St SE 5th St SE 5 St Bucida Rd NC � J (0 N Melaleuca Rd RM C R-1 - L Q m (6 m w 7th St C0 a !.i SE th Bauhinia Rd PLANNING&ZONING E Y CO TT ES DEPARTMENT PROPOSED ZONING � Subject Property J CF MD Q SE 3rd St LO co cwn 1 r � all Cl S : . MD SE 5th St RN a`) -o c St Melaleuca Rd MD Q W co Li SE th St D a a 0 PLANNING &ZONING DELRAY COTTAGES DEPARTMENT �z Subject Property EXISTING FUTURE LAND USE a� m CF co MD Q Q SE 3rd St LO co U l rco D all q S RA SE 5th St L RN CU c a> O SE th St D Melaleuca Rd MD Q w r 7th St D co aT PLANNING &ZONING DEL -` Y COTTAGES DEPARTMENT Subject Property PROPOSED FUTURE LAND USE w MEMORANDUM W TO: Mayor and City Commissioners FROM: Plcning and Z oning D EpartM Ent THROUGH: TezyStavart,Tnterin C 1yM anager DATE: November 6, 2014 SUBJECT: AGENDA ITEM 11.B.-REGULAR COMMISSION MEETING OF DECEMBER 2,2014 ORDINANCE NO.36-14 BACKGROUND The subject property has been most recently occupied by Hertz Rental Car and consists of lots 19 through 27 of the Osceola Park subdivision (1.32 acres total). In October 1990, the property was rezoned from SC (Specialized Commercial) to GC (General Commercial) as part of the Citywide rezoning action associated with the adoption of the Land Development Regulations. It is noted that the property contained an existing automotive dealership at the time of the citywide rezoning. At its meeting of February 11, 1992, the City Commission approved a privately initiated rezoning request to change the designation of the property from GC to AC. The rezoning to GC is consistent with the prevailing zoning pattern in the area. The City's Land Development Regulations include substantial buffering requirements to address compatibility between commercial and residential uses. It is noted that the uses allowed in the GC zoning district and subsequent redevelopment of the subject property could result in additional employment, shopping, and service opportunities for the surrounding community. The allowed uses in the GC zoning district are predominately office, retail, service, and residential. Some of the uses allowed in the GC zoning district are those with an outdoor aspect such as outdoor dining associated with a restaurant. The mitigation of the nuisances would be addressed on a case-by-case basis, such as additional landscape to screen these areas from view of the residential neighborhood to the west or prohibition on outdoor amplified music. However, most of the uses allowed in the GC zoning district are required to be conducted indoors, which will mitigate much of the most common nuisances like visual, noise, and odors. Conversely, the uses allowed in the existing AC zoning district are commonly located outdoors and can have some considerable impacting nuisances associated with them such as high lighting levels, fumes, outdoor speakers, and mechanical equipment. It is also noted that conditional use approval would be required for a late night or 24 hour business that would occupy the property in either zoning district due to proximity to residentially zoned properties. The impacts associated with the specific use would be considered at that time and mitigating techniques such as additional screening, security personnel, or sound attenuation could be required to alleviate the nuisances. Per Future Land Use Element Policy A-2.4 of the City's Comprehensive plan, "automobile uses are a significant land use within the City and as such they have presented unique concerns. In order to properly control these uses and guide them to locations which best suit the community's future development, automobile dealerships shall be directed in the following areas: •North of George Bush Boulevard, between Federal and Dixie Highways; •East side of Federal Highway north of the north property line of the Delray Swap Shop/Flea Market; •South of Linton Boulevard, between Federal and Dixie Highways; • On the north side of Linton Boulevard, between I-95 and S.W. 10th Avenue, and along Wallace Drive. Further, automobile dealerships shall not locate and/or expand in the following areas: • Within the CBD zone district; • West side of Southbound Federal Highway between George Bush Boulevard and S.E. 10th Street; •East side of Federal Highway, between George Bush Boulevard and the north property line of the Delray Swap Shop/Flea Market Property; • On properties fronting George Bush Boulevard, east of Federal Highway." The proposed rezoning of the property to GC would support this policy since it would remove the AC zoning designation from the west side of Federal Highway between George Bush Boulevard and SE 10th Street. The proposed rezoning is consistent with the Comprehensive Plan goal of transitioning away from auto related uses for the subject property to more sustainable commercial and mixed uses. At its meeting of October 20, 2014, the Planning and Zoning Board held a public hearing and unanimously recommended approval of the rezoning from AC to GC on a 6-0 vote. RECOMMENDATION Move to approve Ordinance No. 36-14, the privately initiated rezoning from AC to GC for 600 SE 5th Avenue, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in Sections 2.4.5(D) (5), 3.1.1 and 3.2.2 of the Land Development Regulations. ORDINANCE NO. 36-14 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED AC (AUTOMOTIVE COMMERCIAL) DISTRICT TO GC (GENERAL COMMERCIAL) DISTRICT; SAID LAND BEING A PARCEL LOCATED ON THE WEST SIDE OF SE 5TH AVENUE, BETWEEN SE 6TH STREET AND SE 7TH STREET (600 SE 5TH AVENUE), AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, DATED SEPTEMBER, 2014;" PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated September, 2014 as being zoned AC (Automotive Commercial)District; and WHEREAS, at its meeting of October 20, 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 THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That the Zoning District Map of the City of Delray Beach, Florida, be, and the same is hereby amended to reflect a zoning classification of GC (General Commercial) District for the following described property: Lots 19, 20, 21, 22, 23, 24, 25, 26, and 27, Block 11 OSCEOLA PARK, according to the Plat thereof as recorded in Plat Book 3, Page 2, of the Public Records of Palm Beach County, Florida, LESS right of way of State Road No. 5 (US 1) and LESS the South 5 feet of Lot 27. Section 3. That the Planning and Zoning Director of the said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with the provisions of Section 2 hereof. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 6. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2014. ATTEST MAYOR City Clerk First Reading Second Reading 2 ORD NO. 36-14 n Q b C uN HF� H�� SE 3rd Stq SE 3rd St U_E_FLl� m HID al S w -o (A M V N � SE 4th St SE 5th St SE 5th St �. SE 6th St c� a� a N W El L 7Jtt i�5 Uj O � c (0 S SE 8th t w E 8th St SE 8th Ct 7 � N F=� F�F� SE 9th St - ZNT DELRAY NORTH Subject Property PLANNING&ZONING LOCATION MAP DEPARTMENT Document Path: SAPlanning &Zoning\DBMS\GIS\Location Maps1ZNT Rezoning.mxd - � � � , � ■ �IIII��111 � low oil MINIM Illim ■ IN 1111 ■I■11 m 111■ - m o o • LU GC- ■111` .11. ■ ■■ 1111 ■ ■ ■ SE 8th St, ■ �i IIII ■ ■ ■ ■ ■ WI SE t 050 ■ r� ■ ■ NORTH ■ Subject Property PLANNING&ZONING DEPARTMENT PLANNING AND ZO CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: October 20, 2014. ITEM: Privately-initiated Rezoning from AC (Automotive Commercial) to GC (General Commercial) for a property located on the west side of SE 5th Avenue, between SE 6th Street and SE 7th Street (600 SE 5th Avenue). 1...-, .._..- all q GENERAL DATA: 5 Agent..................................... Les H. Stevens Esquire L.......0 E � { 5E 5th St 5E 5th 5t Applicant............................... ZNT, LLC i E-...... - f 3 S .............. Friendship Capital, LLC Owner..................... Location..................................... West side of SE Stn Avenue, between -� SE 6th Street and SE 7th Avenue - _.. - �{ Property Size.............................. 1.32 acres Existing FLUM........................... GC (General Commercial) — T UJ Current Zoning............................ AC(Automotive Commercial) _--- - Proposed Zoning........................ GC (General Commercial} '; - srm - �.. Adjacent Zoning North: GC •�; �-� - East: GC _ ........... South: GC .....,_� -- �e ... West: R-1-A (Single Family Residential) Existing Land Use...................... Rental Car Company - -- 9th t l -- - Water Service........................ Available via connection to an 12" - g water main along SE 5t'Avenue - I s It LT F Sewer Service............. ......... Available nraocated an to along y on the all: - _1 i- ...........' s st the west side of the property ............__ _ _.. m ITEM BIFORE THE BOARD The action before the Board is making a recommendation to the City Commission on a privately- initiated rezoning from AC (Automotive Commercial) to GC (General Commercial), pursuant to LDR Section 2.4.5(D). The property is located on the west side of SE 5t" Avenue, between SE 6t" Street and SE 7t" Street (600 SE 5t"Avenue). Pursuant to Section 2.2.2(E)(6) of the Land Development Regulations, the Planning and Zoning Board shall review and make a recommendation to the City Commission with respect to the rezoning of any property within the City. EAKG1UfV4.._ ._ = The subject property has been most recently occupied by Hertz Rental Car and consists of lots 19 through 27 of the Osceola Park subdivision (1.32 acres total). In October 1990, the property was rezoned from SC (Specialized Commercial) to GC (General Commercial) as part of the Citywide rezoning action associated with the adoption of the Land Development Regulations. It is noted that the property contained an existing automotive dealership at the time of the citywide rezoning. At its meeting of February 11, 1992, the City Commission approved a privately initiated rezoning request to change the designation of the property from GC to AC. An application has been submitted to rezone the property from AC to GC, which is now before the Board for consideration. rr ©NNICE= �1lSIS REQUIRED FINDINGS: (Chapter 3) Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is a 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. Future Land Use Map: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. The subject property has a Future Land Use Map (FLUM) designation of GC (General Commercial) and is currently zoned AC (Automotive Commercial). The proposed GC zoning designation is consistent with the GC Future Land Use Map designation. Based upon the above, positive findings can be made with respect to Future Land Use Map Consistency. Concurrence: 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. P&Z Staff Report—October 20,2014 Meeting ZNT Rezoning from AC to GC Page 2 The proposal involves amending the zoning designation from AC to GC. The property is approximately 1.32 acres. The proposed rezoning will have impacts on adopted concurrency standards. Concurrency findings with respect to Water and Sewer, Drainage, Parks and Recreation, Solid Waste, Schools, and Traffic are discussed below: Water & Sewer: Water and sewer service is currently available to the subject property. The Delray Beach Water Treatment Plant and the South Central County Waste Water Treatment Plant both have adequate capacity to serve the City at build out. An existing 12" water main exists along Federal Highway. An 8" sewer main is available along the alley on the west side of the property. Based upon the above, positive findings can be made with respect to this level of service standard. Traffic: In order to analyze traffic concurrency associated with the proposed rezoning, a comparison of the development potential of both zoning districts needs to occur. The development potential of the GC zoning district and the AC zoning district are similar with respect to minimum building setbacks and maximum building height. It is noted that the front and side street setbacks are 5 feet greater in the AC zoning district than in the GC zoning district, which allows for a slightly smaller building "envelope" in the AC zoning district. The impact on traffic concurrency is also based on the specific uses that occupy the property under both zoning classifications. The impact on traffic concurrency is also contingent on the specific development proposal, which would be considered as part of the site plan review process. These two issues are addressed during the site plan review process since the specific use or development proposal is typically not available during the rezoning process. The applicant has submitted a comparative traffic study based on a 20,000 square foot "conceptual" building. Using this size of a building as a point of reference, an automotive sales facility would generate 549 average daily trips as opposed to a medical office that would generate 651 average daily trips (102 net new trips) or a retail facility that would generate 1,067 average daily trips (518 net new trips). Drainage: It is noted that drainage plans are not required as part of the rezoning process. The storm water retention will be reviewed during the site plan application process. There are no problems anticipated with retaining drainage on site and obtaining a South Florida Water Management District permit. Parks and Recreation: The Open Space and Recreation Element of the City's Comprehensive Plan indicates in its conclusion that "The City will have sufficient recreation facilities at build-out to meet the adopted standards." A park impact fee of$500 per dwelling unit is collected to offset any impacts that the project may have on the City's recreational facilities for all residential development. For commercial development this fee does not apply. Thus, depending upon the individual development proposal, the impacts on the City's parks and recreation system by introducing new residential units would be addressed by the park impact fee. Solid Waste: The solid waste generation for vehicle sales and service is 9.2 pounds per square foot per year. The solid waste generation for retail is 10.2 pounds per square foot per year. Thus, there is an increase in solid waste potential due to the proposed rezoning. However, the Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals until the year 2047. It is noted that actual impact on solid waste will be reviewed as part of a subsequent site plan review, thus a positive finding with respect to this level of service standard can be made Schools: The applicant will need to complete a School Concurrency Application and Service Provider Form to the School District of Palm Beach County at the time a development proposal is submitted for a project that includes residential. There are no problems anticipated with obtaining a finding of concurrency from the School District. P&Z Staff Report—October 20,2014 Meeting ZNT Rezoning from AC to GC Page 3 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, 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 Rezonin Actions : There are five standards that must be considered for rezoning of property. They are: (A) The most restrictive residential zoning district that is applicable given existing development patterns and typical lot sizes shall be applied to those areas identified as "stable" and "stabilization" on the Residential Neighborhood Categorization Map. Requests for rezonings to a different zoning designation, other than Community Facilities, Open Space, Open Space and Recreation, or Conservation shall be denied. (B) Rezoning to AC (Automotive Commercial) to accommodate auto dealerships shall not be permitted west of 1-95. (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. Standards A, B, and E above are not applicable. The applicable performance standards of Section 3.2.2 are C and D: (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. The zoning pattern along Federal Highway is predominately GC from SE 4th Street to SW 10th Street and extends westward only to the north/south alley. The potential to increase the depth of these properties is highly unlikely given the established single family neighborhoods that border this arterial corridor without a significant coordinated effort to aggregate these residential properties. (D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land use both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. The following table identifies the zoning designations and uses that are adjacent to the subject property: Zonin�c Designation: Use. North: General Commercial (GC) Office South: GC Car Wash East: GC Vacant West: Single Family Residential (R-1-A) Single Family Residences P&Z Staff Report—October 20,2014 Meeting ZNT Rezoning from AC to GC Page 4 The rezoning to GC is consistent with the prevailing zoning pattern in the area. The City's Land Development Regulations include substantial buffering requirements to address compatibility between commercial and residential uses. It is noted that the uses allowed in the GC zoning district and subsequent redevelopment of the subject property could result in additional employment, shopping, and service opportunities for the surrounding community. The allowed uses in the GC zoning district are predominately office, retail, service, and residential. A specific listing of the allowed uses is provided in the attached Exhibit "A." Some of the uses allowed in the GC zoning district are those with an outdoor aspect such outdoor dining associated with a restaurant. The mitigation of the nuisances would be addressed on a case-by-case basis, such as additional landscape to screen these areas from view of the residential neighborhood to the west or prohibition on outdoor amplified music. However, most of the uses allowed in the GC zoning district are required to be conducted indoors, which will mitigate much of most common nuisances like visual, noise, and odors. Conversely, the uses allowed in the existing AC zoning district are commonly located outdoors and can have some considerable impacting nuisances associated with them such as high lighting levels, fumes, outdoor speakers, and mechanical equipment. It also noted that conditional use approval would be required for a late night or 24 hour businesses that would occupy the property in either zoning district due to proximity to residentially zoned properties. The impacts associated with the specific use would be considered at that time and mitigating techniques such as additional screening, security personnel, or sound attenuation could be required to alleviate the nuisances. In addition to the base district regulations noted below, the Land Development Regulations include several specific regulations to buffer the subject property. Per LDR Section 4.3.4(H)(6)(b)(2), a 10- foot special landscape setback is required along Federal Highway. It is noted that the special landscape setback is not required between the right-of-way and the building if no vehicular use area is provided between them. Further, special district boundary treatment is required per LDR Section 4.6.4(A)(2)(b). This separator requires that where the rear or side of commercially zoned property does not directly abut residentially zoned property but is separated from it by an alley, the commercially zoned property shall provide a ten-foot building setback from the property line located adjacent to the separator. The following is a comparison of the base district for the AC and GC zoning districts: Minimum Lot Size (sq.ft.) 10,000 0 Minimum Lot Width ft. 50 0 Minimum Lot Depth (ft.) 100 0 Minimum Lot Fronta e (ft.) 50 0 Minimum Open Space 25% 25% Minimum Front Setback (ft.) 15 10 Minimum Side Street (ft) 15 10 Minimum Side Interior(ft.) 0* 0* Minimum Rear ft.) 10 10 Maximum Height 48 148 When there is no dedicated access to the rear of any structure, a 10-foot side yard setback shall be provided. The above table indicates that the standard development regulations are similar between the AC and GC zoning districts. The AC district contains several minimum lot dimensions that are not required in the GC zoning district. The front and side street setbacks are 5 feet less in the GC zoning district than the AC zoning district. This would not have a negative impact on the residential neighborhood to the west since the reduction would be along Federal Highway or SE 6th Street and SE Ph Street. In fact, P&Z Staff Report—October 20,2014 Meeting ZNT Rezoning from AC to GC Page 5 this reduction would allow for a streetscape (building setbacks in this case) that are more consistent with the other properties that are zoned GC in the area. Section 2.4.5(D)(5) (Rezoning Findings): Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of Chapter 3, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: a. That the zoning had previously been changed, or was originally established, in error; b. That there has been a change in circumstances which make the current zoning inappropriate; C. That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The applicant has submitted the following justification statement: "Reason (C) above. This property is a "carve-out"zoning which sits within a GC district to the north, south and east and the change would provide for more consistent (and less intense) use with the surrounding area, and would eliminate the "island"zoning that currently exists." The applicable reasons for a rezoning of the subject property are "b" and "c." The previous privately initiated zoning change from GC to AC in 1992 appears to have been approved in order to maintain a legal conforming status for the existing full service automotive dealership use. As noted in the analysis of Comprehensive Plan Policies later in this report, it was envisioned that the automotive dealerships (i.e. Dennis Fronrath, O.C. Taylor, and Wallace Nissan) that existed in the south Federal Highway corridor north of SE 10th Street would be phased out and relocated to areas of the City that were deemed more appropriate for full service automotive dealerships. This "vision" of phasing out the automotive dealerships in the subject area is maintained by the Comprehensive Plan, which makes the current AC zoning designation inappropriate. The proposed rezoning is fulfilled by reason "b," since it is consistent with the City Commission directive to transition the South Federal Highway corridor from auto-related uses to more sustainable general commercial uses nearer to the core downtown area. The diversity of employment, shopping, and service uses offered by the GC zoning district is more appropriate for this area and is consistent with the "vision" of the Comprehensive Plan. COMPREHENSIVE PLAN POLICIES: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objectives and policies are noted. Future Land Use Element Ob'ective A-'I: Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate in terms of soil, topographic and other applicable physical considerations; is complimentary to adjacent land uses; and fulfills remaining land use needs. The proposed rezoning of the property to GC will allow many uses which can be developed with intensities that are appropriate with respect to the soil, topographic, or other applicable physical considerations. As noted previously, there are no compatibility concerns with respect to the surrounding commercial properties along Federal Highway. There are potential concerns with respect P&Z Staff Report—October 20, 2014 Meeting ZNT Rezoning from AC to GC Page 6 to the commercial designation proposed and the residential neighborhood to the west. However, the City's Land Development Regulations contain buffer requirements that address potential nuisances that the commercial property may generate on the residential neighborhood. It is noted that these development regulations are addressed as part of the site plan process. Required Findings would be made when site specific proposals were forwarded through the site plan process. Policy A-2.4: Automobile uses are a significant land use within the City and as such they have presented unique concerns. In order to properly control these uses and guide them to locations which best suit the community's future development, the following apply; Automobile dealerships shall be directed in the following areas: • North of George Bush Boulevard, between Federal and Dixie Highways; • East side of Federal Highway north of the north property line of the Delray Swap Shop/Flea Market; • South of Linton Boulevard, between Federal and Dixie Highways; • On the north side of Linton Boulevard, between 1-95 and S.W. 10th Avenue, and along Wallace Drive. Automobile dealerships shall not locate and/or expand in the following areas: • Within the CBD zone district; • West side of Southbound Federal Highway between George Bush Boulevard and S.E. 10th Street; • East side of Federal Highway, between George Bush Boulevard and the north property line of the Delray Swap Shop/Flea Market Property; • On properties fronting George Bush Boulevard, east of Federal Highway. The proposed rezoning of the property to GC would support this policy since it would remove the AC zoning designation from the west side of Federal Highway between George Bush Boulevard and SE 10th Street. Based on the above, a finding of consistency can be made with respect to the Delray Beach Comprehensive Objectives, Policies, and Goals. As stated previously, the proposed rezoning is consistent with the Comprehensive Plan goal of transitioning away from auto related uses for the subject property to more sustainable commercial and mixed uses. w. m } EV E. Courtesy Notices: Courtesy notices have been sent to the following homeowner's and/or civic associations: ➢ Delray Citizen's Coalition ➢ Osceola Park ➢ Barton Apartment ➢ Mallory Square ➢ Churchill ➢ Rio Del Rey Shores P&Z Staff Report—October 20, 2014 Meeting ZNT Rezoning from AC to GC Page 7 Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Any letters of support or concern will be presented to the Board. The proposed rezoning from AC to GC is consistent with the goals, objectives and/or policies of the City's Comprehensive Plan, and LDR Sections 2.4.5(D)(5), 3.1.1 and 3.2.2. Positive findings can be made with respect to Concurrency and Compatibility with the surrounding land uses. As noted previously, the proposed rezoning is consistent with Comprehensive Plan which is to transition the area including this parcel from auto related uses to more sustainable commercial and mixed uses. Given this direction the proposed GC zoning designation is appropriate. 4.1 LTR # ►°T1E ACTI©NS. A. Postpone with direction. B. Move a recommendation of approval to the City Commission for the privately initiated rezoning from AC to GC for 600 SE 51h Avenue, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in Sections 2.4.5(D)(5), 3.1.1 and 3.2.2 of the Land Development Regulations. C. Move a recommendation of denial to the City Commission for the privately initiated rezoning from AC to GC for 600 SE 5th Avenue, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in Sections 2.4.5(D)(5), 3.1.1 and 3.2.2 of the Land Development Regulations. Move a recommendation of approval to the City Commission for the privately initiated rezoning from AC to GC for 600 SE 5th Avenue, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in Sections 2.4.5(D)(5), 3.1.1 and 3.2.2 of the Land Development Regulations. Attachments: Exhibit "A" Location/Zoning Map Report prepared by: Scott Pape, AICP, Senior Planner P &Z Staff Report—October 20, 2014 Meeting ZNT Rezoning from AC to GC Page 8 Principal Uses and Structures Permitted: The following are allowed within the GC District as permitted uses for the subject property: (1) General retail uses and/or facilities, including, but not limited to: (a) Antiques, arts and crafts, automotive parts, baked goods, books, carpet and floor covering, cheeses, beer, wine, liquor, confectioneries, cosmetics, meats, draperies and slipcovers, pharmacies, electrical fixtures and supplies, fabrics, fish, flowers and plants, fruits and vegetables, food, garden supplies, gifts, glassware, hardware and paints, home furnishings, ice cream, lawn care equipment, leather goods, luggage, medical and surgical equipment, music and musical instruments, nautical supplies, office furniture equipment and supplies, pets and pet supplies, photographic equipment and supplies, sewing supplies, sporting goods, toys, wearing apparel and accessories, appliances, bicycles, business machines,jewelry. (2) Business, Professional, and Medical uses including, but not limited to: (a) Interior decorating, medical and dental clinics, medical and dental laboratories, photographic studios, printing and publishing, business offices, professional offices, and medical offices. (3) Contractor's Offices, including but not limited to: (a) Air conditioning, general contractor, electrical, painting, and plumbing; however, any outside storage of materials is prohibited. (4) Services and Facilities including, but not limited to: (a) Auctions, barber and beauty shops and salons, caterers, dry cleaning limited to on- site processing for customer pickup only, dry cleaning and laundry pickup stations, financing e.g. banks and similar institutions including drive-through facilities, Laundromats limited to self-service facilities, pet grooming, restaurants including drive-in and drive-through, tailoring, tobacconist, vocational schools limited to arts and crafts, business, beauty, dancing, driving, gymnastics, photography, modeling, and karate-judo, small item repair, and rental of sporting goods and equipment (such as but not limited to bicycles, skates, boogie boards). With the exception of bicycles with an electric-helper motor as defined in Section 72.02, Delray Beach Code of Ordinances, all rented sporting goods must be non-motorized. (b) Abused spouse residence with forty (40) or fewer residents, galleries, broadcast studios, butcher shops, cocktail lounges, exercise facilities e.g. gyms and clubs, indoor shooting ranges, museums, libraries, newsstands, commercial or public parking lots and parking garages, theaters excluding drive-ins. (5) Dwelling units, and residential licensed service provider facilities and assisted living facilities, in the same structure as commercial uses provided that: commercial uses must be provided on the ground floor; commercial uses on the ground floor must occupy no less than 25% of the total structure excluding square footage devoted to vehicular use; residential uses are not located on the ground level; residential uses and non-residential uses are physically separated and have separate accessways; and the residential density does not exceed 12 units per acre, except the Four Corners District which may have a free standing residential building as part of a multi-building unified master P&Z Staff Report—October 20,2014 Meeting ZNT Rezoning from AC to GC Page 9 plan or the residential component may be a part of a single mixed use building. The density of the Four Corners Master Plan shall not exceed 30 dwelling units per acre and is subject to the provisions under Section 4.4.9 (G)(3)(d)(4). (6) Astrologists, clairvoyants, fortune tellers, palmists, phrenologists, psychic readers, spiritualists, numerologists and mental healers, subject to the locational restrictions of Section 4.4.9(H)(3). (7) Group Home, Type 1, pursuant to restrictions set forth in Section 4.3.3(1). Conditional Uses and Structures Allowed: The following are allowed as conditional uses within the GC District for the subject property: (1) Amusement game facilities. (2) Wash establishments or facilities for vehicles. (3) Child Care and Adult Day Care. (4) Clubs and Lodges; social, fraternal, and recreational not exceeding 3,500 sq. ft. of gross floor area. (5) Drive-in Theaters. (6) Flea Markets, bazaars, merchandise marts, and similar retail uses. (7) Funeral Homes. (S) Gasoline Stations or the dispensing of gasoline directly into vehicles. (9) Hotels and Motels. (10) Free-standing multiple-family housing, including residential licensed service provider facilities, subject to the requirements of the RM District except for setback and height requirements which shall be pursuant to this Section. (11) Recreational establishments such as bowling alleys, gymnasiums, health spas, miniature golf courses, skating rinks. (12) Sales and service of All Terrain Vehicles and personal watercraft (waverunners, jet skis), with no outside display, outside storage or outside service.